IN
Indiana House Bill HB1050

Indiana 2025 Regular Session

Indiana House Bill HB1050 Compare Versions

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1+*EH1050.1*
2+March 7, 2025
3+ENGROSSED
4+HOUSE BILL No. 1050
5+_____
6+DIGEST OF HB 1050 (Updated March 5, 2025 2:06 pm - DI 140)
7+Citations Affected: Numerous provisions throughout the Indiana
8+Code.
9+Synopsis: Technical corrections. Addresses technical issues in the
10+Indiana Code, including those related to spelling, tabulation,
11+formatting, grammar, and cross-references. Resolves technical conflicts
12+from the 2024 legislative session. Makes conforming amendments.
13+(The introduced version of this bill was prepared by the code revision
14+committee.)
15+Effective: Upon passage; July 1, 2025.
16+Engleman, Boy, DeLaney, Pierce K
17+(SENATE SPONSOR — FREEMAN)
18+January 8, 2025, read first time and referred to Committee on Judiciary.
19+January 21, 2025, reported — Do Pass.
20+January 27, 2025, read second time, ordered engrossed.
21+January 28, 2025, engrossed. Read third time, passed. Yeas 92, nays 0.
22+SENATE ACTION
23+February 18, 2025, read first time and referred to Committee on Judiciary.
24+March 6, 2025, reported favorably — Do Pass.
25+EH 1050—LS 6050/DI 112 March 7, 2025
126 First Regular Session of the 124th General Assembly (2025)
227 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
328 Constitution) is being amended, the text of the existing provision will appear in this style type,
429 additions will appear in this style type, and deletions will appear in this style type.
530 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
631 provision adopted), the text of the new provision will appear in this style type. Also, the
732 word NEW will appear in that style type in the introductory clause of each SECTION that adds
833 a new provision to the Indiana Code or the Indiana Constitution.
934 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1035 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1050
12-AN ACT to amend the Indiana Code concerning general provisions.
36+ENGROSSED
37+HOUSE BILL No. 1050
38+A BILL FOR AN ACT to amend the Indiana Code concerning
39+general provisions.
1340 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 2-5-53.7-5, AS ADDED BY P.L.108-2024,
15-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16-JULY 1, 2025]: Sec. 5. (a) The task force consists of the following
17-fifteen (15) members:
18-(1) A member of the house of representatives who is appointed to
19-the task force by the speaker of the house of representatives.
20-(2) A member of the senate who is appointed to the task force by
21-the president pro tempore of the senate.
22-(3) A member of the house of representatives who is appointed to
23-the task force by the minority leader of the house of
24-representatives.
25-(4) A member of the senate who is appointed to the task force by
26-the minority leader of the senate.
27-(5) The chief information officer appointed under IC 4-13.1-2-3,
28-who serves as an ex officio member of the task force.
29-(6) The chief data officer appointed under IC 4-3-26-9, who
30-serves as an ex officio member of the task force, or the chief data
31-officer's designee.
32-(7) The following members who are appointed to the task force by
33-the governor:
34-(A) An academic professional who:
35-(i) is employed by a public or private college or university
36-HEA 1050 2
37-located in Indiana; and
38-(ii) specializes in ethics.
39-(B) An academic professional who:
40-(i) is employed by a public or private college or university
41-located in Indiana; and
42-(ii) specializes in artificial intelligence technology.
43-(C) An individual with expertise in the use of artificial
44-intelligence by law enforcement agencies.
45-(D) An individual with expertise in legal and constitutional
46-rights.
47-(E) An individual employed in the cloud technology industry.
48-(8) A member with expertise in artificial intelligence or
49-cybersecurity who is appointed to the task force as follows:
50-(A) The president pro tempore of the senate shall appoint the
51-member in odd-numbered years.
52-(B) The speaker of the house of representatives shall appoint
53-the member in even-numbered years.
54-(9) The solicitor general, who serves as an ex officio member of
55-the task force, or the solicitor general's designee.
56-(10) The director of information technology of the senate, who
57-serves as an ex officio member of the task force.
58-(11) The director of the legislative services agency's office of
59-technology services, who serves as an ex officio member of the
60-task force.
61-(b) The members appointed under subsection (a)(1) and (a)(2) shall
62-serve as co-chairs of the task force.
63-(c) Members of the task force appointed to the task force under
64-subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), and (a)(8) serve a term
65-that ends June 30 of each odd-numbered year but may be reappointed
66-to subsequent terms.
67-(d) If a vacancy occurs on the task force, the appointing authority
68-who appointed the member whose position is vacant shall appoint an
69-individual to fill the vacancy.
70-(e) An individual appointed to fill a vacancy must meet the
71-qualifications of the vacancy.
72-(f) An individual appointed to fill a vacancy serves for the
73-remainder of the term of the member the individual is appointed to
74-replace.
75-(g) The following shall serve as nonvoting members of the task
76-force:
77-(1) The chief information officer.
78-(2) The chief data officer, or the chief data officer's designee.
79-HEA 1050 3
80-(h) Appointing authorities shall appoint the initial members of the
81-task force under subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), and
82-(a)(8) not later than August 1, 2024, and not later than August 1 of
83-each odd-numbered year thereafter.
84-SECTION 2. IC 2-5-54-6, AS ADDED BY P.L.42-2024, SECTION
85-24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
86-2025]: Sec. 6. A member of the oversight committee serves at the
87-pleasure of the appointing authority. A member of the oversight
88-committee appointed under IC 12-15-47.3 (before its repeal) serves a
89-two (2) two year term that expires on June 30, 2025. A member may be
90-reappointed to successive terms.
91-SECTION 3. IC 3-5-3-1, AS AMENDED BY P.L.65-2024,
92-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
93-JULY 1, 2025]: Sec. 1. (a) Except as provided in sections 7 through 10
94-of this chapter, the county auditor shall pay the expenses of voter
95-registration and for all election supplies, equipment, and expenses out
96-of the county treasury in the manner provided by law. The county fiscal
97-body shall make the necessary appropriations for these purposes.
98-(b) The county executive shall pay to the circuit court clerk or board
99-of registration the expenses of:
100-(1) removing voters from the registration record under IC 3-7-43,
101-IC 3-7-45, or IC 3-7-46; and
102-(2) performing voter list maintenance programs under IC 3-7;
103-out of the county treasury without appropriation.
104-(c) Registration expenses incurred by a circuit court clerk or board
105-of registration for:
106-(1) the salaries of members of a board of registration appointed
107-under IC 3-7-12-9;
108-(2) the salaries of chief clerks appointed under IC 3-7-12-17; and
109-(3) the salaries of assistants employed under IC 3-7-12-19;
110-may not be charged to a municipality. However, the municipality may
111-be charged for wages of extra persons employed to provide additional
112-assistance reasonably related to the municipal election.
113-(d) A political subdivision that conducts or administers an election
114-may not:
115-(1) accept private money donations; or
116-(2) receive funds or expend funds received;
117-from a person for preparing, administering, or conducting elections or
118-employing individuals on a temporary basis for the purpose of
119-preparing, administering, or conducting elections, including registering
120-voters. This subsection does not prohibit a political subdivision from
121-receiving or expending funds from the state or from the federal
122-HEA 1050 4
123-government to prepare for, administer, or conduct an election.
124-(e) A political subdivision that conducts or administers an election
125-may not join the membership of, or participate in a program offered by,
126-a person who has directly financed:
127-(1) preparing, administrating, administering, or conducting
128-elections; or
129-(2) employing individuals on a temporary basis for the purpose of
130-preparing, administering, or conducting elections, including
131-registering voters.
132-For purposes of this subsection, a person does not include the local,
133-state, or federal government.
134-SECTION 4. IC 3-14-5-2, AS AMENDED BY P.L.153-2024,
135-SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
136-JULY 1, 2025]: Sec. 2. (a) Each precinct election board shall, at the
137-close of the polls, place any affidavit prescribed by IC 3-10-1-9 to
138-challenge the party affiliation of a person wishing to cast a ballot in a
139-primary election in a strong paper bag or envelope and securely seal it.
140-Each member shall endorse that member's name on the back of the bag
141-or envelope.
142-(b) Each precinct election board shall, at the close of the polls, place
143-any affidavit:
144-(1) other than an affidavit described in subsection (a) that is
145-challenging the eligibility of a person who has offered to vote at
146-a primary election; and
147-(2) including the form printed on the face of the provisional ballot
148-envelope described in IC 3-11.7-5-3;
149-in a strong paper bag or envelope and securely seal it. Each member
150-shall endorse that member's name on the back of the bag or envelope.
151-(c) The inspector and judge of the opposite political party shall
152-deliver the sealed bags or envelopes to the county election board. The
153-county election board shall do the following:
154-(1) Remove the affidavits described in subsections (a) and (b)
155-from the bag or envelope and make three (3) copies of each
156-affidavit.
157-(2) Mail a copy of each affidavit to the secretary of state.
158-(3) Replace the affidavits within the bag or envelope and keep the
159-affidavits secure in accordance with IC 3-10-1-31.1. The
160-affidavits may be removed from the bag or envelope by the county
161-election board during a meeting or hearing when the affidavit is
162-to be reviewed under this title.
163-(4) Reseal the bag or envelope containing the affidavits with the
164-endorsement of the name of each county election board member
165-HEA 1050 5
166-on the back of the bag or envelope immediately after the county
167-election board determines which provisional ballots can be
168-counted and not counted under IC 3-11.7.
169-(5) Carefully preserve the resealed bag or envelope in accordance
170-with IC 3-10-1-31.1.
171-(d) The county election board shall do the following after the
172-conclusion of the period for filing a petition for a recount or contest
173-described in IC 3-10-1-31.1(b) and IC 3-10-1-31.1(c) during which
174-election materials are required to be sealed by the circuit court clerk:
175-(1) Retain one (1) copy of each affidavit to make available for
176-public inspection and copying under IC 5-14-3.
177-(2) Deliver one (1) copy of each affidavit, sealed in a bag or
178-envelope by the county election board, to the prosecuting attorney
179-of the county.
180-(e) The grand jury shall inquire into the truth or falsity of the
181-affidavits, and the court having jurisdiction over the grand jury shall
182-specially charge the jury as to its duties under this section. The grand
183-jury or prosecuting attorney of the county where the grand jury is
184-sitting may request the original affidavit from the circuit court clerk if
185-the grand jury determines that it is necessary to review the original
186-affidavit during the inquiry.
187-(f) The grand jury shall file a report of the result of its inquiry with:
188-(1) the court; and
189-(2) the NVRA official if a violation of NVRA appears to have
190-occurred.
191-(g) If the original affidavit is delivered to the grand jury or the
192-prosecuting attorney under subsection (e), the prosecuting attorney
193-shall:
194-(1) preserve the affidavit and envelope in accordance with
195-IC 3-10-1-31.1;
196-(2) ensure that no person can access a provisional ballot contained
197-in the envelope that the affidavit described in subsection (b) is
198-printed on; and
199-(3) return the affidavit and envelope to the circuit court clerk after
200-the prosecuting attorney has completed any proceeding resulting
201-from the investigation of the affidavit and envelope.
202-SECTION 5. IC 4-2-6-9, AS AMENDED BY P.L.123-2015,
203-SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
204-JULY 1, 2025]: Sec. 9. (a) A state officer, an employee, or a special
205-state appointee may not participate in any decision or vote, or matter
206-relating to that decision or vote, if the state officer, employee, or
207-special state appointee has knowledge that any of the following has a
208-HEA 1050 6
209-financial interest in the outcome of the matter:
210-(1) The state officer, employee, or special state appointee.
211-(2) A member of the immediate family of the state officer,
212-employee, or special state appointee.
213-(3) A business organization in which the state officer, employee,
214-or special state appointee is serving as an officer, a director, a
215-member, a trustee, a partner, or an employee.
216-(4) Any person or organization with whom the state officer,
217-employee, or special state appointee is negotiating or has an
218-arrangement concerning prospective employment.
219-(b) A state officer, an employee, or a special state appointee who
220-identifies a potential conflict of interest shall notify the person's
221-appointing authority and ethics officer in writing and do either of the
222-following:
223-(1) Seek an advisory opinion from the commission by filing a
224-written description detailing the nature and circumstances of the
225-particular matter and making full disclosure of any related
226-financial interest in the matter. The commission shall:
227-(A) with the approval of the appointing authority, assign the
228-particular matter to another person and implement all
229-necessary procedures to screen the state officer, employee, or
230-special state appointee seeking an advisory opinion from
231-involvement in the matter; or
232-(B) make a written determination that the interest is not so
233-substantial that the commission considers it likely to affect the
234-integrity of the services that the state expects from the state
235-officer, employee, or special state appointee.
236-(2) File a written disclosure statement with the commission that:
237-(A) details the conflict of interest;
238-(B) describes and affirms the implementation of a screen
239-established by the ethics officer;
240-(C) is signed by both:
241-(i) the state officer, employee, or special state appointee who
242-identifies the potential conflict of interest; and
243-(ii) the agency ethics officer;
244-(D) includes a copy of the disclosure provided to the
245-appointing authority; and
246-(E) is filed not later than seven (7) days after the conduct that
247-gives rise to the conflict.
248-A written disclosure filed under this subdivision shall be posted
249-on the inspector general's Internet web site. website.
250-(c) A written determination under subsection (b)(1)(B) constitutes
251-HEA 1050 7
252-conclusive proof that it is not a violation for the state officer, employee,
253-or special state appointee who sought an advisory opinion under this
254-section to participate in the particular matter. A written determination
255-under subsection (b)(1)(B) shall be filed with the appointing authority.
256-SECTION 6. IC 4-2-6-15, AS AMENDED BY P.L.108-2019,
257-SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
258-JULY 1, 2025]: Sec. 15. (a) This section does not apply to the
259-following:
260-(1) A communication made by the governor concerning the public
261-health or safety.
262-(2) A communication:
263-(A) that a compelling public policy reason justifies the state
264-officer to make; and
265-(B) the expenditure for which is approved by the budget
266-agency after an advisory recommendation from the budget
267-committee.
268-(3) A communication:
269-(A) posted or maintained on a state owned Internet web site;
270-website; or
271-(B) that relates to the official duties of the state officer and that
272-is not made for commercial broadcast or dissemination to the
273-general public.
274-(4) Information posted on social media in accordance with section
275-15.5 of this chapter.
276-(b) This section does not prohibit a state officer from using in a
277-communication the title of the office the state officer holds.
278-(c) As used in this section, "communication" refers only to the
279-following:
280-(1) An audio communication.
281-(2) A video communication.
282-(3) A print communication in a newspaper (as defined in
283-IC 5-3-1-0.4).
284-(d) A state officer may not use the state officer's name or likeness in
285-a communication paid for entirely or in part with appropriations made
286-by the general assembly, regardless of the source of the money.
287-(e) A state officer may not use the state officer's name or likeness in
288-a communication paid for entirely or in part with:
289-(1) money from the securities division enforcement account
290-established under IC 23-19-6-1(f); or
291-(2) appropriations from the state general fund made under
292-IC 23-19-6-1(f).
293-SECTION 7. IC 4-3-24-7, AS AMENDED BY P.L.108-2019,
294-HEA 1050 8
295-SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
296-JULY 1, 2025]: Sec. 7. (a) The budget agency shall each year publish
297-an annual report summarizing the federal assistance received by state
298-agencies during the preceding federal fiscal year, including:
299-(1) a list of all federal assistance that state agencies received;
300-(2) the state match requirements and maintenance of effort
301-requirements for each federal assistance program; and
302-(3) the federal assistance agreement start and end date.
303-(b) The budget agency shall publish a comprehensive federal
304-assistance review plan that incorporates each state agency's findings
305-and recommendations under section 6 of this chapter. The
306-comprehensive federal assistance review plan may include options for
307-coordination among state agencies to address issues caused by federal
308-mandates and regulations.
309-(c) The budget agency shall perform a review of the current impact
310-and projected future impact of federal mandates and regulations on
311-Indiana.
312-(d) The budget agency shall submit the annual report to the
313-governor, to the members of the United States Congress representing
314-Indiana, the budget committee, the interim study committee on fiscal
315-policy, and (in an electronic format under IC 5-14-6) to the legislative
316-council.
317-(e) The budget agency, in collaboration with state agencies, shall
318-maintain on its Internet web site website a list of all federal grant
319-applications made by state agencies, award notices, and grant
320-amendments. A state agency that applies for a federal grant must
321-provide the application submitted to the federal government to the
322-budget agency within sixty (60) days of applying for the grant. State
323-agencies shall provide a copy of each award notice and grant
324-amendment approval to the budget agency within sixty (60) days of
325-receiving it.
326-SECTION 8. IC 4-3-25-5, AS AMENDED BY P.L.205-2017,
327-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
328-JULY 1, 2025]: Sec. 5. (a) The member of the governor's staff
329-appointed under section 4(1) 4(a)(1) of this chapter shall serve as the
330-chairperson of the commission. The chairperson shall determine the
331-agenda for the commission.
332-(b) The member at large appointed under section 4(19) 4(a)(19) of
333-this chapter shall serve as vice chairperson of the commission. The
334-chairperson shall determine the duties of the vice chairperson.
335-SECTION 9. IC 4-3-27-17, AS ADDED BY P.L.216-2021,
336-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
337-HEA 1050 9
338-JULY 1, 2025]: Sec. 17. (a) The cabinet may establish a course catalog
339-which must be maintained on the cabinet's Internet web site website
340-with links to the course catalog maintained on the department of
341-workforce development's Internet web site website and the commission
342-for higher education's Internet web site. website. The course catalog
343-shall be known as the course catalog for lifelong learning. The course
344-catalog shall list all:
345-(1) work based learning, preapprenticeship, and apprenticeship
346-opportunities in Indiana; and
347-(2) providers that are eligible to receive high value workforce
348-ready grants described under IC 21-12-8.
349-(b) The cabinet may list the cost of each course or experience in the
350-catalog as well as a link on the cabinet's Internet web site website to
351-allow an individual to enroll in a particular course or experience.
352-SECTION 10. IC 4-4-38-7, AS AMENDED BY P.L.189-2019,
353-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
354-JULY 1, 2025]: Sec. 7. (a) Subject to:
355-(1) subsection (b); and
356-(2) section 8 of this chapter;
357-the office shall establish procedures for awarding grants from the fund
358-to qualified broadband providers for qualified broadband project
359-expenses incurred in connection with qualified broadband projects.
360-(b) In awarding grants under this chapter, the office shall establish
361-the following priorities:
362-(1) First, extending the deployment of qualified broadband service
363-to areas in which:
364-(A) Internet connections are unavailable; or
365-(B) the only available Internet connections provide capacity
366-for transmission at an actual speed of less than ten (10)
367-megabits per second downstream.
368-(2) Second, extending the deployment of high speed Internet
369-service to areas in which the only available Internet connections
370-provide capacity for transmission at an actual speed of:
371-(A) not less than ten (10) megabits; and
372-(B) not more than twenty-five (25) megabits;
373-per second downstream.
374-(c) Subject to section 11 of this chapter, the office shall publish on
375-the office's Internet web site website all grant applications received by
376-the office under this chapter. For each grant application received, the
377-office shall establish a period of at least thirty (30) days from the date
378-the application is published on the office's Internet web site website
379-under this subsection, during which time the office will accept
380-HEA 1050 10
381-comments or objections concerning the application. The office shall
382-consider all comments or objections received under this subsection in
383-making a determination as to whether to award a grant to an applicant
384-under this chapter.
385-SECTION 11. IC 4-4-38.5-13, AS AMENDED BY P.L.89-2021,
386-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
387-JULY 1, 2025]: Sec. 13. (a) The office shall establish and publish on
388-the office's Internet web site: website:
389-(1) specific, measurable goals; and
390-(2) metrics to be used in assessing the progress made toward
391-accomplishing those goals;
392-for the disbursement of state broadband grant funds.
393-(b) Beginning in 2020, not later than August 1 of each year, the
394-office shall submit to the interim study committee on energy, utilities,
395-and telecommunications established by IC 2-5-1.3-4(8) a report on the
396-awarding of grants under this chapter during the most recent state fiscal
397-year, including the following:
398-(1) The number, amounts, and recipients of grants awarded under
399-this chapter, along with the state agency awarding each grant.
400-(2) The status of any funded eligible broadband projects.
401-(3) Expenses incurred and funds spent by the office in
402-administering this chapter.
403-(4) A list of the entities, if any, that the office collaborated with in
404-administering this chapter.
405-(5) An accounting of money in the fund, including funds awarded
406-as grants under this chapter.
407-(6) The number of:
408-(A) school corporation buildings described in section 9(b)(1)
409-of this chapter;
410-(B) rural health clinics described in section 9(b)(2) of this
411-chapter;
412-(C) access points described in section 9(b)(3) of this chapter;
413-and
414-(D) locations in rural areas described in section 9(b)(4) of this
415-chapter;
416-to which broadband infrastructure has been deployed with the use
417-of grant funds under this chapter, including address-level
418-information for newly connected locations.
419-(7) The overall progress of the deployment of broadband
420-infrastructure for the provision of eligible broadband service:
421-(A) to school corporation buildings, as described in section
422-9(b)(1) of this chapter;
423-HEA 1050 11
424-(B) to rural health clinics, as described in section 9(b)(2) of
425-this chapter;
426-(C) so as to ensure that eligible students have access points
427-providing a connection to eligible broadband service, as
428-described in section 9(b)(3) of this chapter; and
429-(D) in rural areas in Indiana, as described in section 9(b)(4) of
430-this chapter.
431-A report to the interim study committee on energy, utilities, and
432-telecommunications under this subsection must be in an electronic
433-format under IC 5-14-6.
434-(c) Every year, beginning in 2021, the state board of accounts shall
435-conduct an audit of the awarding of grants under:
436-(1) IC 4-4-38; and
437-(2) this chapter;
438-as appropriate, during the most recent state fiscal year. A report of an
439-audit conducted under this subsection shall be submitted to the interim
440-study committee on energy, utilities, and telecommunications
441-established by IC 2-5-1.3-4(8) in an electronic format under IC 5-14-6
442-not later than September 1 of the calendar year that includes the end of
443-the state fiscal year covered by the audit.
444-SECTION 12. IC 4-4-38.6-9, AS ADDED BY P.L.86-2024,
445-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
446-JULY 1, 2025]: Sec. 9. (a) Subject to subsection (b), and to the extent
447-not preempted by federal law, the office shall administer the program
448-in Indiana in compliance with the following:
449-(1) All mandatory provisions set forth in the act with respect to
450-the program.
451-(2) All mandatory provisions set forth in the BEAD NOFO with
452-respect to the program.
453-(3) Before awarding a subgrant to an eligible broadband service
454-provider a subgrantee during any round of funding under the
455-program, the office shall submit to the budget committee for
456-review the proposed amount and terms of the subgrant.
457-(4) In awarding subgrants for the deployment of a broadband
458-network using program funds, the office may not exclude
459-cooperatives, nonprofit organizations, public-private partnerships,
460-private companies, public or private utilities, public utility
461-districts, or local governments from eligibility for those funds, as
462-set forth in 47 U.S.C. 1702(h)(1)(A)(iii).
463-(b) The final proposal submitted by the office to NTIA must include
464-the specifications for the required low cost broadband service option
465-that are set forth in the office's initial proposal, as submitted to and
466-HEA 1050 12
467-approved by NTIA.
468-SECTION 13. IC 4-4-41-8, AS ADDED BY P.L.89-2021,
469-SECTION 11 AND P.L.158-2021, SECTION 2, IS AMENDED TO
470-READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) The
471-office shall contact broadband Internet providers to solicit the
472-providers' registration with the program. The office shall not:
473-(1) require a provider to provide any proprietary business
474-information to the office for purposes of participating in the
475-program; or
476-(2) require a provider to participate in the program.
477-(b) The office shall create and administer a public broadband portal:
478-(1) that is accessible to individuals through the office's Internet
479-web site website and through a mailing address designated by the
480-office for the purpose of public access to the portal; and
481-(2) through which an individual may submit the individual's
482-residential or business address to report that minimum broadband
483-Internet connectivity is unavailable at the address.
484-The public broadband portal created and administered by the office
485-under this section must solicit information as to whether one (1) or
486-more eligible students reside at an address that is reported by an
487-individual under subdivision (2). The office may contract or consult
488-with one (1) or more third parties in the creation or administration of
489-the public broadband portal required by this section.
490-(c) At least every three (3) months, the office shall:
491-(1) post addresses, including ZIP codes and any reported
492-information as to whether an eligible student resides at an
493-address, submitted under subsection (b)(2) to an Internet web site
494-a website that is accessible only to registered providers; and
495-(2) not less than twenty-four (24) hours after the addresses are
496-posted, send notice of the posting to registered providers by
497-electronic mail.
498-(d) Not later than ten (10) business days after a registered provider
499-receives notice of a posting of addresses under subsection (c), the
500-registered provider may provide notice to the office of any posted
501-address at which the registered provider's minimum broadband Internet
502-service is available.
503-(e) If the office does not receive notice under subsection (d)
504-regarding an address within ten (10) business days after posting the
505-address under subsection (c), the office shall, not later than twenty (20)
506-business days after the expiration of the ten (10) business day period
507-described in subsection (d), transmit to each registered provider a bid
508-notification for provision of broadband Internet service at the address.
509-HEA 1050 13
510-(f) A registered provider that receives a bid notification for an
511-address under subsection (e) and wishes to submit a bid for provision
512-of broadband Internet service to the address must, not later than sixty
513-(60) days after receiving the bid notification, send to the office a bid
514-that includes:
515-(1) a proposal for making a line extension from the provider's
516-existing broadband Internet infrastructure to the address;
517-(2) an estimate of the state's share of the cost for the line
518-extension; and
519-(3) a statement of the amount of the cost of the line extension that
520-the provider agrees to bear.
521-(g) The office shall, not later than thirty (30) business days after the
522-close of the sixty (60) day bidding period for an address under
523-subsection (f), evaluate the bids received and select the provider whose
524-bid presents the lowest cost to the state for extension of the provider's
525-broadband Internet infrastructure to the address.
526-(h) As used in this section, "eligible student" means a student who
527-is:
528-(1) a resident of Indiana;
529-(2) less than twenty-three (23) years of age; and
530-(3) enrolled in a school in Indiana providing any combination of
531-kindergarten through grade 12 instruction.
532-SECTION 14. IC 4-4-41-10, AS ADDED BY P.L.89-2021,
533-SECTION 11 AND P.L.158-2021, SECTION 2, IS AMENDED TO
534-READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) Not
535-later than November 1 of each year, the office shall:
536-(1) issue to the executive director of the legislative services
537-agency, for distribution to the members of the general assembly
538-convening in November of that year; and
539-(2) post to the office's Internet web site; website;
540-a report regarding the program.
541-(b) The report under subsection (a) must include the following
542-information with regard to the immediately preceding calendar year:
543-(1) The number of addresses submitted under section 8(b)(2) of
544-this chapter:
545-(A) in total; and
546-(B) categorized by the Indiana legislative district in which the
547-address is located.
548-(2) The number of grants, and the amount of the grants, awarded
549-under this chapter:
550-(A) in total; and
551-(B) categorized by the Indiana legislative district in which the
552-HEA 1050 14
553-grant was used to extend broadband Internet service.
554-(c) The report issued under subsection (a)(1) must be in an
555-electronic format under IC 5-14-6.
556-SECTION 15. IC 4-4-43-1, AS ADDED BY P.L.158-2021,
557-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
558-JULY 1, 2025]: Sec. 1. (a) The office may maintain a geographic
559-information system or similar data base that contains spatial data
560-regarding the availability of broadband Internet service in Indiana.
561-(b) The office may create and may, subject to subsection (c),
562-regularly update the data base using broadband Internet coverage
563-information compiled by the Federal Communications Commission.
564-(c) Not later than July 1, 2022, the office:
565-(1) may evaluate the broadband Internet coverage map created by
566-the Federal Communications Commission under the Broadband
567-Deployment Accuracy and Technological Availability Act (Public
568-Law 116-130); and
569-(2) if the office determines that the map provides broadband
570-Internet coverage information:
571-(A) at a level of detail that allows for determination of
572-broadband Internet availability at individual Indiana addresses;
573-or
574-(B) at a level of detail greater than that of the broadband
575-Internet coverage map provided by the office on the office's
576-Internet web site; website;
577-may use the information to update the broadband Internet
578-coverage map provided by the office on the office's Internet web
579-site. website.
580-(d) If the office determines in the office's evaluation under
581-subsection (c) that the map does not provide broadband Internet
582-coverage information:
583-(1) at a level of detail that allows for determination of broadband
584-Internet availability at individual Indiana addresses; or
585-(2) at a level of detail greater than that of the broadband Internet
586-coverage map provided by the office on the office's Internet web
587-site; website;
588-the office shall present the office's determination to the interim study
589-committee on energy, utilities, and telecommunications during the
590-2022 legislative interim.
591-SECTION 16. IC 4-5-10-1, AS AMENDED BY P.L.146-2014,
592-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
593-JULY 1, 2025]: Sec. 1. (a) As used in this section, "person" includes:
594-(1) an individual engaged in a trade or business; and
595-HEA 1050 15
596-(2) a business entity or association described in IC 23.
597-(b) The office of technology established by IC 4-13.1-2-1 and the
598-secretary of state shall establish policies and procedures for providing
599-electronic and enhanced access under this chapter to create and
600-maintain uniform policies and procedures for electronic and enhanced
601-access by the public.
602-(c) The secretary of state, in collaboration with other state agencies,
603-including the department of workforce development and the
604-department of state revenue, shall develop and maintain an Internet
605-web site a website through which a person is able to submit
606-information simultaneously to the secretary of state and other state
607-agencies about the person's formation, existence, or other trade,
608-business, business entity, or association activities for the purpose of
609-complying with the requirements of state law, including requirements
610-concerning:
611-(1) pre-establishment;
612-(2) establishment;
613-(3) registration;
614-(4) reinstatement;
615-(5) licenses or permits;
616-(6) filings or reports; and
617-(7) transacting payments or refunds.
618-The secretary of state shall assign to each business entity registered
619-through the Internet web site website a unique business identification
620-number. The secretary of state, the department of state revenue, the
621-department of workforce development, and other state agencies sharing
622-information on the Internet web site website relating to a business
623-entity shall use the business entity's unique business identification
624-number.
625-(d) If the secretary of state requests assistance from a state agency
626-in the development and maintenance of the Internet web site website
627-described in subsection (c), the state agency, including the department
628-of workforce development and the department of state revenue, shall
629-furnish the requested assistance. The assistance shall be provided at no
630-cost to the secretary of state.
631-(e) The secretary of state shall annually, on or before November 1,
632-report to the legislative council about the progress of the Internet web
633-site website described in subsection (c). The report must be made:
634-(1) in an electronic format submitted in accordance with
635-IC 5-14-6; and
636-(2) in person, if requested by the legislative council.
637-SECTION 17. IC 4-6-3-2.5, AS ADDED BY P.L.101-2011,
638-HEA 1050 16
639-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
640-JULY 1, 2025]: Sec. 2.5. (a) As used in this section, "agency" means
641-a state agency or a body corporate and politic.
642-(b) An agency may not enter into a contingency fee contract with a
643-private attorney unless the agency makes a written determination
644-before entering into the contract that contingency fee representation is
645-cost effective and in the public interest. The written determination must
646-include the specific findings described in subsection (c).
647-(c) The written determination described in subsection (b) must
648-include a consideration of the following factors:
649-(1) Whether the agency has sufficient and appropriate legal and
650-financial resources to handle the matter.
651-(2) The time and labor required to conduct the litigation.
652-(3) The novelty, complexity, and difficulty of the questions
653-involved in the litigation.
654-(4) The expertise and experience required to perform the attorney
655-services properly.
656-(5) The geographic area where the attorney services are to be
657-provided.
658-(d) If the agency makes the determination described in subsection
659-(b), the attorney general shall request proposals from private attorneys
660-wishing to provide services on a contingency fee basis, unless the
661-agency determines in writing that requesting proposals is not feasible
662-under the circumstances.
663-(e) After the agency has made the determination in subsection (b)
664-and selected a private attorney, but before the agency and the attorney
665-enter into a contract to provide services on a contingency fee basis, the
666-inspector general shall make a determination in writing that entering
667-into the contract would not violate the code of ethics or violate any
668-statute or agency rule concerning conflict of interest. An agency may
669-not enter into a contingency fee contract with a private attorney unless
670-the inspector general has made a written determination under this
671-subsection.
672-(f) A private attorney who enters into a contingency fee contract
673-with the agency shall maintain detailed contemporaneous time records
674-for the attorneys and paralegals working on the matter in increments of
675-not greater than one-tenth (1/10) of an hour and shall, upon request,
676-promptly provide these records to the attorney general.
677-(g) The agency may not enter into a contingency fee contract that
678-provides for the private attorney to receive an aggregate contingency
679-fee that exceeds the sum of the following:
680-(1) Twenty-five percent (25%) of any recovery that exceeds two
681-HEA 1050 17
682-million dollars ($2,000,000) and that is not more than ten million
683-dollars ($10,000,000).
684-(2) Twenty percent (20%) of any part of a recovery of more than
685-ten million dollars ($10,000,000) and not more than fifteen
686-million dollars ($15,000,000).
687-(3) Fifteen percent (15%) of any part of a recovery of more than
688-fifteen million dollars ($15,000,000) and not more than twenty
689-million dollars ($20,000,000).
690-(4) Ten percent (10%) of any part of a recovery of more than
691-twenty million dollars ($20,000,000) and not more than
692-twenty-five million dollars ($25,000,000).
693-(5) Five percent (5%) of any part of a recovery of more than
694-twenty-five million dollars ($25,000,000).
695-An aggregate contingency fee may not exceed fifty million dollars
696-($50,000,000), excluding reasonable costs and expenses, regardless of
697-the number of lawsuits filed or the number of private attorneys retained
698-to achieve the recovery.
699-(h) Copies of any executed contingency fee contract, the inspector
700-general's written determination, and the agency's written determination
701-to enter into a contingency fee contract with the private attorney shall
702-be provided to the attorney general and, unless the attorney general
703-determines that disclosing the contingency fee contract while the action
704-is pending is not in the best interests of the state, the contract shall be
705-posted on the attorney general's web site website for public inspection
706-not later than five (5) business days after the date the contract is
707-executed and must remain posted on the web site website for the
708-duration of the contingency fee contract, including any extensions to
709-the original contract. Any payment of contingency fees shall be posted
710-on the attorney general's web site website not later than fifteen (15)
711-days after the payment of the contingency fees to the private attorney,
712-and must remain posted on the web site website for at least one (1)
713-year. If the attorney general determines that disclosing the contingency
714-fee contract is not in the best interests of the state under this subsection,
715-the contract shall be posted on the attorney general's web site website
716-not later than fifteen (15) days after the action is concluded.
717-(i) Every agency that has hired or employed a private attorney on a
718-contingency fee basis in the calendar year shall submit a report
719-describing the use of contingency fee contracts with private attorneys
720-to the attorney general before October 1 of each year. The report must
721-include the following:
722-(1) A description of all new contingency fee contracts entered into
723-during the year and all previously executed contingency fee
724-HEA 1050 18
725-contracts that remain current during any part of the year. The
726-report must include, for each contract:
727-(A) the name of the private attorney with whom the
728-department has contracted, including the name of the
729-attorney's law firm;
730-(B) the nature and status of the legal matter;
731-(C) the name of the parties to the legal matter;
732-(D) the amount of any recovery; and
733-(E) the amount of any contingency fee paid.
734-(2) A copy of all written determinations made under this section
735-during the year.
736-The attorney general shall compile the reports and submit a
737-comprehensive report to the legislative council before November 1 of
738-each year. The report must be in an electronic format under IC 5-14-6.
739-SECTION 18. IC 4-12-1-21, AS ADDED BY P.L.87-2022,
740-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
741-JULY 1, 2025]: Sec. 21. (a) To ensure transparency in state
742-government, on or before June 30, 2022, and on or before June 30 of
743-each year thereafter, all state agencies shall submit to the budget
744-agency a report of each individual state employee employed by the
745-state agency whose salary is funded in whole or in part from donated
746-money.
747-(b) If the donation of money is to the secretary of state, the report
748-shall specify whether the money was or will be distributed to political
749-subdivisions for preparing, administering, or conducting elections, and,
750-if so, the specific types of uses for which the donated money will be
751-used by those political subdivisions.
752-(c) On or before December 1, 2022, and on or before December 1
753-of each year thereafter, the budget agency shall annually submit to the
754-budget committee a report of the information submitted under
755-subsections (a) and (b) that specifies and identifies each individual
756-state employee whose salary is funded in whole or in part from donated
757-money.
758-(d) Before January 31, 2023, and before January 31 of each year
759-thereafter, the report submitted under subsection (c) in the preceding
760-year shall be posted and made available on the Indiana transparency
761-Internet web site website established under IC 5-14-3.5-2.
762-SECTION 19. IC 4-13-16.5-3.5, AS ADDED BY P.L.15-2020,
763-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
764-JULY 1, 2025]: Sec. 3.5. (a) The department shall adopt rules under
765-IC 4-22-2 to do the following:
766-(1) Increase contracting opportunities for Indiana veteran owned
767-HEA 1050 19
768-small businesses described in section 1.5 of this chapter with a
769-goal to procure in each state fiscal year at least three percent (3%)
770-of state contracts with Indiana veteran owned small businesses.
771-(2) Develop procurement policies and procedures to accomplish
772-the goal described in subdivision (1), including guidelines to be
773-followed by the department in conducting the department's
774-procurement efforts.
775-(3) Implement section 1.5 of this chapter.
776-These procurement policies do not apply to a procurement of supplies
777-and services to address immediate and serious government needs at a
778-time of emergency, including a threat to the public health, welfare, or
779-safety that may arise by reason of floods, epidemics, riots, acts of
780-terrorism, major power failures, a threat proclaimed by the President of
781-the United States or the governor, or a threat declared by the
782-commissioner.
783-(b) The department shall annually evaluate its progress in meeting
784-the goal described in this section for the previous state fiscal year. After
785-June 30 and before November 1 of each year, the department shall
786-submit a report to the governor, the Indiana department of veterans'
787-affairs, and the interim study committee on public safety and military
788-affairs established by IC 2-5-1.3-4 and the legislative council in an
789-electronic format under IC 5-14-6. The report must include:
790-(1) the percentage goal obtained by the department during the
791-previous state fiscal year; and
792-(2) a summary of why the department failed to meet the goal and
793-what actions are being taken by the department to meet the goal
794-in the current state fiscal year.
795-(c) The department shall post the report described in subsection (b)
796-on the department's Internet web site website not later than thirty (30)
797-days after the report is submitted. The Indiana department of veterans'
798-affairs shall post the report described in subsection (b) on the
799-department's Internet web site website not later than thirty (30) days
800-after the report is submitted by the department.
801-SECTION 20. IC 4-13-19-10, AS AMENDED BY P.L.13-2013,
802-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
803-JULY 1, 2025]: Sec. 10. (a) The office of the department of child
804-services ombudsman shall prepare a report each year on the operations
805-of the office.
806-(b) The office of the department of child services ombudsman shall
807-include the following information in the annual report required under
808-subsection (a):
809-(1) The office of the department of child services ombudsman's
810-HEA 1050 20
811-activities.
812-(2) The general status of children in Indiana, including:
813-(A) the health and education of children; and
814-(B) the administration or implementation of programs for
815-children.
816-(3) Any other issues, concerns, or information concerning
817-children.
818-(c) A copy of the report shall be provided to the following:
819-(1) The governor.
820-(2) The legislative council.
821-(3) The Indiana department of administration.
822-(4) The department of child services.
823-A report provided under this subsection to the legislative council must
824-be in an electronic format under IC 5-14-6.
825-(d) A copy of the report shall be posted on the department of child
826-services' Internet web site website and on any Internet web site website
827-maintained by the office of the department of child services
828-ombudsman.
829-SECTION 21. IC 4-13.1-1-1.5, AS ADDED BY P.L.134-2021,
830-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
831-JULY 1, 2025]: Sec. 1.5. (a) "Cybersecurity incident" means a
832-malicious or suspicious occurrence that consists of one (1) or more of
833-the categories of attack vectors described in subsection (b) and defined
834-on the office's Internet web site website that:
835-(1) jeopardizes or may potentially jeopardize the confidentiality,
836-integrity, or availability of an information system, an operational
837-system, or the information that such systems process, store, or
838-transmit;
839-(2) jeopardizes or may potentially jeopardize the health and safety
840-of the public; or
841-(3) violates security policies, security procedures, or acceptable
842-use policies.
843-(b) A cybersecurity incident may consist of one (1) or more of the
844-following categories of attack vectors:
845-(1) Ransomware.
846-(2) Business email electronic mail compromise.
847-(3) Vulnerability exploitation.
848-(4) Zero-day exploitation.
849-(5) Distributed denial of service.
850-(6) Web site Website defacement.
851-(7) Other sophisticated attacks as defined by the chief information
852-officer and that are posted on the office's Internet web site.
853-HEA 1050 21
854-website.
855-SECTION 22. IC 4-21.5-3-8.5, AS AMENDED BY P.L.205-2019,
856-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
857-JULY 1, 2025]: Sec. 8.5. (a) After June 30, 2020, this section does not
858-apply to an agency that is subject to the jurisdiction of the office of
859-administrative law proceedings.
860-(b) An agency may share an administrative law judge with another
861-agency:
862-(1) to avoid bias, prejudice, interest in the outcome, or another
863-conflict of interest;
864-(2) if a party requests a change of administrative law judge;
865-(3) to ease scheduling difficulties; or
866-(4) for another good cause.
867-An agency may adopt rules under IC 4-22-2 to implement this
868-subsection.
869-(c) To the extent practicable, an administrative law judge must have
870-expertise in the area of law being adjudicated.
871-(d) An agency shall post on the agency's Internet web site website
872-the:
873-(1) name;
874-(2) salary and other remuneration; and
875-(3) relevant professional experience;
876-of every person who serves as an administrative law judge for the
877-agency.
878-SECTION 23. IC 4-22-2-19.7, AS ADDED BY P.L.152-2012,
879-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
880-JULY 1, 2025]: Sec. 19.7. An agency, to the extent feasible and
881-permitted by law, shall afford the public a meaningful opportunity to
882-comment on proposed rules through the agency's Internet web site.
883-website. An agency shall consider providing a comment period that
884-exceeds the minimum required by law.
885-SECTION 24. IC 4-22-2-22.8, AS AMENDED BY P.L.93-2024,
886-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
887-JULY 1, 2025]: Sec. 22.8. (a) After conducting a regulatory analysis
888-under section 22.7 of this chapter, if an agency elects to adopt a rule
889-subject to section 23 of this chapter or IC 13-14-9, the agency shall
890-submit a request to the budget agency and the office of management
891-and budget to authorize commencement of the public comment periods
892-under this chapter or IC 13-14-9 (as applicable). The request must
893-include the following:
894-(1) A general description of the subject matter of the proposed
895-rule.
896-HEA 1050 22
897-(2) The full text of the proposed rule (including a copy of any
898-matter incorporated by reference under section 21 of this chapter)
899-in the form required by the publisher, including citations to any
900-related authorizing and affected Indiana statutes.
901-(3) The regulatory analysis, including supporting data, prepared
902-under section 22.7 of this chapter.
903-(4) Any other information required by the office of management
904-and budget.
905-(b) The budget agency and the office of management and budget
906-shall expedite the review of the request to adopt a rule. The budget
907-agency and the office of management and budget may do the following:
908-(1) Return the request to the agency with a statement describing
909-any additional information needed to authorize or disapprove
910-further rulemaking actions on one (1) or more of the rules in the
911-request.
912-(2) Authorize the commencement of the public comment periods
913-on one (1) or more of the rules in the request with or without
914-changes.
915-(3) Disapprove commencement of the public comment periods on
916-one (1) or more of the rules with a statement of reasons for the
917-disapproval.
918-(c) If an agency has requested authorization for more than one (1)
919-rule in the same request, the budget agency and the office of
920-management and budget may make separate determinations with
921-respect to some or all of the rules in the request. Approval of a request
922-shall be treated as a determination that the review conducted and
923-findings made by the agency comply with the requirements of section
924-22.7 of this chapter and this section. The budget agency and the office
925-of management and budget may not approve any part of a proposed
926-rule that adds or amends language to increase or expand application of
927-a fee, fine, or civil penalty or a schedule of fees, fines, or civil penalties
928-before submitting the proposed rule to the budget committee for
929-review.
930-(d) If the implementation and compliance costs of a proposed rule
931-are expected to exceed the threshold set forth in section 22.7(c)(6) of
932-this chapter, the office of management and budget shall submit the rule
933-to the legislative council, in an electronic format under IC 5-14-6,
934-within thirty (30) days of completing the review of the regulatory
935-analysis. The chairperson of the legislative council shall inform
936-members of the budget committee of a rule submitted under this
937-subsection. The budget agency and the office of management and
938-budget may not approve any part of a proposed rule covered by this
939-HEA 1050 23
940-subsection prior to review of the proposed rule by the budget
941-committee.
942-(e) Notice of the determination shall be provided to the agency in an
943-electronic format required by the publisher. The budget agency and the
944-office of management and budget may return to the agency any copy of
945-a matter incorporated by reference under section 21 of this chapter that
946-was submitted with the request.
947-(f) If an agency revises a proposed rule after the budget agency and
948-the office of management and budget authorize commencement of the
949-public comment periods, the agency must obtain a new notice of
950-determination under subsection (e). The agency shall resubmit to the
951-budget agency and the office of management and budget the revised
952-proposed rule and a revised regulatory analysis with sufficient
953-information for the budget agency and the office of management and
954-budget to determine the impact the revisions have on the regulatory
955-analysis previously reviewed by the budget agency and the office of
956-management and budget. After obtaining a new notice of
957-determination, the agency shall submit to the publisher the new notice
958-of determination, the revised proposed rule, and the revised regulatory
959-analysis.
960-SECTION 25. IC 4-23-24.1-4, AS AMENDED BY P.L.42-2024,
961-SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
962-JULY 1, 2025]: Sec. 4. (a) The governor shall annually designate one
963-(1) of the members appointed under section 3(1) 3(a)(1) of this chapter
964-as chairperson of the commission.
965-(b) Members of the commission appointed under subsection 3(1)
966-section 3(a)(1) of this chapter serve a four (4) year term. Each term
967-expires as follows:
968-(1) For a member appointed from an odd-numbered congressional
969-district, December 31, 2025, and each fourth year thereafter.
970-(2) For a member appointed from an even-numbered
971-congressional district, December 31, 2027, and each fourth year
972-thereafter.
973-(c) A member appointed under section 3(1) 3(a)(1) of this chapter
974-may be reappointed for successive terms.
975-(d) The governor shall fill a vacancy among the members appointed
976-under section 3(1) 3(a)(1) of this chapter. A member appointed under
977-this subsection serves until the end of the unexpired term of the
978-vacating member of the commission.
979-SECTION 26. IC 4-31-3-8, AS AMENDED BY P.L.256-2015,
980-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
981-JULY 1, 2025]: Sec. 8. The commission shall:
982-HEA 1050 24
983-(1) prescribe the rules and conditions under which horse racing at
984-a recognized meeting may be conducted;
985-(2) initiate safeguards as necessary to account for the amount of
986-money wagered at each track or satellite facility in each wagering
987-pool;
988-(3) require all permit holders to provide a photographic or
989-videotape recording, approved by the commission, of the entire
990-running of all races conducted by the permit holder;
991-(4) make annual reports concerning:
992-(A) the promotional actions taken and promotional initiatives
993-established by the commission to promote the Indiana horse
994-racing industry, including:
995-(i) a listing of the commission's promotional actions and
996-promotional initiatives; and
997-(ii) an accounting of the money spent on each promotional
998-action and promotional initiative;
999-(B) the competitive status of the Indiana horse racing industry
1000-as compared to the horse racing industries of other states and
1001-measured by purse, handle, and any other factors determined
1002-by the commission;
1003-(C) the commission's operations; and
1004-(D) the commission's recommendations;
1005-to the governor and, in an electronic format under IC 5-14-6, to
1006-the general assembly;
1007-(5) carry out the provisions of IC 15-19-2, after considering
1008-recommendations received from the Indiana standardbred
1009-advisory board under IC 15-19-2;
1010-(6) develop internal procedures for accepting, recording,
1011-investigating, and resolving complaints from licensees and the
1012-general public;
1013-(7) promote the Indiana horse racing industry, including its
1014-simulcast product; and
1015-(8) annually post the following information on the commission's
1016-Internet web site: website:
1017-(A) A summary of the disciplinary actions taken by the
1018-commission in the preceding calendar year.
1019-(B) A summary of the complaints received and resolved in the
1020-preceding calendar year.
1021-SECTION 27. IC 4-31-5-2 IS AMENDED TO READ AS
1022-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) An application
1023-for renewal of an existing recognized meeting permit must be filed with
1024-the commission no later than November 1 of the year preceding the
1025-HEA 1050 25
1026-year in which the horse racing meeting is to be conducted. The timing
1027-for filing an initial application for a recognized meeting permit shall be
1028-established by the rules of the commission.
1029-(b) The commission shall prescribe the forms to be used in making
1030-an application under this section. The application must include the
1031-following:
1032-(1) The full name of the person making the application.
1033-(2) If the applicant is an association, the names and addresses of
1034-the members of the association.
1035-(3) If the applicant is a corporation, the name of the state in which
1036-it is incorporated, the location of its principal place of business,
1037-and the names and addresses of its directors and stockholders.
1038-(4) If the applicant is a trust, the location of its principal place of
1039-business and the names and addresses of its trustees and
1040-beneficiaries.
1041-(5) If the applicant is a partnership, the names and addresses of
1042-the partners.
1043-(6) If the applicant is a limited partnership, the names, addresses,
1044-and percentages of ownership of each general partner and each
1045-limited partner.
1046-(7) If the applicant is a limited liability company, the name of the
1047-state where it is organized, the location of its principal place of
1048-business, and the names and addresses of the managers and
1049-members.
1050-(8) The dates on which the applicant intends to conduct horse
1051-racing meetings, which must be successive days (including
1052-Sundays) unless otherwise authorized by the commission. The
1053-applicant may submit a written statement setting forth the reasons
1054-certain dates are sought.
1055-(9) The proposed hours of each racing day.
1056-(10) The location of the place, track, or enclosure where the
1057-applicant proposes to conduct horse racing meetings.
1058-(11) A statement of whether the racing plant is owned or leased
1059-by the applicant.
1060-(12) A statement of whether the racing plant will include a
1061-facility, either physically connected to the clubhouse or in close
1062-proximity, that will:
1063-(A) display for public inspection trophies, memorabilia, and
1064-instructional material depicting the history of horse racing; and
1065-(B) be made available as a repository for the collections of the
1066-Indiana Harness Horse Hall of Fame.
1067-(13) Any other information that the commission requires.
1068-HEA 1050 26
1069-(c) An application under this section must be signed and verified as
1070-follows:
1071-(1) An application by an individual must be signed and verified
1072-under oath by that individual.
1073-(2) An application by two (2) or more individuals or by a
1074-partnership must be signed and verified under oath by one (1) of
1075-those individuals or by a member of the partnership.
1076-(3) An application by an association, a trust, or a corporation must
1077-be:
1078-(A) signed by its president and vice president;
1079-(B) attested by its secretary; and
1080-(C) verified under oath.
1081-(4) An application by a limited liability company must be signed
1082-and verified under oath by two (2) managers or members of the
1083-limited liability company.
1084-(d) At the time an application is filed, the applicant must:
1085-(1) pay a permit fee and an investigation fee for an initial permit
1086-application as required by the rules of the commission;
1087-(2) file a cash bond, certified check, or bank draft in the manner
1088-provided by section 4 of this chapter (repealed); and
1089-(3) file a copy of an ordinance adopted under IC 4-31-4.
1090-SECTION 28. IC 4-33-6.7-1, AS ADDED BY P.L.293-2019,
1091-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1092-JULY 1, 2025]: Sec. 1. If a licensed owner submits a request to relocate
1093-gaming operations under IC 4-33-6-4.5, the commission shall begin
1094-accepting applications and proposals for awarding a license to operate
1095-an inland casino in Vigo County. The commission shall publish
1096-deadlines for submitting an application and proposal under this chapter
1097-on its Internet web site. website. An application and proposal must
1098-comply with the provisions of IC 4-33-6-2 and include any additional
1099-information required by the commission. The commission shall
1100-prescribe the form of the application and proposal for permission to
1101-operate an inland casino under this chapter.
1102-SECTION 29. IC 4-33-23-10, AS AMENDED BY P.L.229-2013,
1103-SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1104-JULY 1, 2025]: Sec. 10. (a) A development provider shall report
1105-annually to the commission the following:
1106-(1) The total dollar amounts of economic development payments.
1107-(2) The parties or specified recipients, or both, that receive
1108-economic development payments. and
1109-(3) Any other items related to an economic development payment
1110-that the commission may require.
1111-HEA 1050 27
1112-(b) A specified recipient of an economic development payment shall
1113-report annually to the commission an accounting of:
1114-(1) any economic development payment received by the recipient;
1115-and
1116-(2) any disbursements of economic development payment money
1117-that the recipient makes to:
1118-(A) another specified recipient; or
1119-(B) an unspecified recipient.
1120-(c) A report submitted under subsection (b) must include:
1121-(1) the legal name of the person submitting the report;
1122-(2) the date, amount, and purpose of each disbursement;
1123-(3) the name of each specified or unspecified recipient receiving
1124-a disbursement; and
1125-(4) any other information that the commission may require.
1126-(d) Upon request of the commission, a person submitting a report
1127-under subsection (a) or (b) shall attach to the report sufficient
1128-documentation to support a transaction described in the report.
1129-(e) A report submitted under subsection (a) or (b) must be submitted
1130-to the department of local government finance and made available
1131-electronically through the Indiana transparency Internet web site
1132-website established under IC 5-14-3.7.
1133-(f) The commission may require, with respect to a report required
1134-by this section:
1135-(1) the format of the report;
1136-(2) the deadline by which the report must be filed; and
1137-(3) the manner in which the report must be maintained and filed.
1138-SECTION 30. IC 4-33-23-17, AS ADDED BY P.L.229-2013,
1139-SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1140-JULY 1, 2025]: Sec. 17. (a) Any political subdivision receiving an
1141-economic development payment shall annually report the following
1142-information to the department of local government finance:
1143-(1) The total amount of economic development payments received
1144-in the previous state fiscal year.
1145-(2) The balance of the fund in which the political subdivision
1146-deposited the economic development payments under section 13
1147-of this chapter as of the end of the previous state fiscal year.
1148-(b) A political subdivision shall submit the report required by
1149-subsection (a) to the department of local government finance before
1150-October 1 of each year.
1151-(c) The department of local government finance shall make the
1152-report available electronically through the Indiana transparency
1153-Internet web site website established under IC 5-14-3.7.
1154-HEA 1050 28
1155-SECTION 31. IC 4-33-24-14, AS ADDED BY P.L.212-2016,
1156-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1157-JULY 1, 2025]: Sec. 14. A game operator may:
1158-(1) conduct one (1) or more paid fantasy sports games through an
1159-Internet web site a website maintained and operated by the game
1160-operator; or
1161-(2) contract with a licensee to conduct one (1) or more paid
1162-fantasy sports games on the premises of a licensed facility.
1163-SECTION 32. IC 4-37-7-8, AS AMENDED BY P.L.167-2020,
1164-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1165-JULY 1, 2025]: Sec. 8. (a) The chief executive officer of the
1166-corporation may enter into a memorandum of understanding with one
1167-(1) or more nonprofit organizations that are recognized supporters of
1168-a specific state historic site and are exempt from taxation under Section
1169-501(c)(3) of the Internal Revenue Code. The memorandum of
1170-understanding may provide that the nonprofit organization or
1171-organizations may maintain a gift shop and offer special events at the
1172-state historic site.
1173-(b) A memorandum of understanding entered into under this section
1174-may not do any of the following to restrict the fundraising activities of
1175-an organization described in subsection (a):
1176-(1) Require the organization to deposit into the fund the proceeds
1177-of a fundraising activity approved by the chief executive officer.
1178-(2) Require the organization to send money donated to the
1179-organization to the corporation.
1180-(3) Require the approval of the chief executive officer, or the
1181-chief executive officer's designee, before the organization pursues
1182-general donations from individuals and other entities.
1183-(4) Restrict, regulate, or limit the ability of the organization to
1184-hold offsite fundraising programs or activities.
1185-(5) Restrict, regulate, or limit the ability of the organization to
1186-promote or advertise any onsite or offsite fundraising programs or
1187-activities on social media, via electronic mail, on an Internet web
1188-site, a website, or by any other means.
1189-(c) A memorandum of understanding entered into under this section
1190-may not do any of the following:
1191-(1) Require the organization to be any type of supporting
1192-organization (as the term is used in the Internal Revenue Code).
1193-(2) Require a representative of the corporation to be a voting or
1194-nonvoting member of the organization's board of directors.
1195-(3) Require the organization to submit to the corporation any
1196-organization documents, correspondence, electronic mail, or other
1197-HEA 1050 29
1198-data that are not required to be submitted by the Internal Revenue
1199-Service.
1200-(4) Require the organization to submit an audit of the
1201-organization's funds.
1202-(5) Restrict, regulate, or otherwise limit the ability of the
1203-organization to promote any onsite or offsite activities.
1204-(6) Allow the corporation to take a nonprofit organization's real
1205-or financial assets.
1206-(7) Require the organization to pay any rental or other fee to
1207-support an event at a state historic site that is sponsored by the
1208-organization or the corporation.
1209-(d) The corporation shall return to the organization any funds raised
1210-by the organization and donated to the corporation that:
1211-(1) are designated as donor restricted funds for a specific use in
1212-a historic site project; and
1213-(2) are not used for the donor's specified use in the historic site
1214-project;
1215-upon the completion of the historic site project.
1216-SECTION 33. IC 5-1.2-11.5-10, AS ADDED BY P.L.18-2022,
1217-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1218-JULY 1, 2025]: Sec. 10. (a) As used in this section, "program" refers
1219-to the drinking water and wastewater infrastructure research and
1220-extension program authorized by subsection (c).
1221-(b) As used in this section, "utility" means any of the following that
1222-provides drinking water, wastewater, or storm water service in Indiana:
1223-(1) A public utility (as defined in IC 8-1-2-1(a)).
1224-(2) A municipally owned utility (as defined in IC 8-1-2-1(h)).
1225-(3) A not-for-profit utility (as defined in IC 8-1-2-125(a)).
1226-(4) A cooperatively owned corporation.
1227-(5) A conservancy district established under IC 14-33.
1228-(6) A regional sewer district established under IC 13-26.
1229-(7) A department of storm water management under IC 8-1.5-5.
1230-(c) A drinking water and wastewater infrastructure research and
1231-extension program may be established to provide data collection and
1232-information, training, and technical assistance concerning:
1233-(1) drinking water infrastructure;
1234-(2) wastewater infrastructure; and
1235-(3) storm water infrastructure;
1236-in Indiana, including assistance with infrastructure and system design,
1237-construction, operation, maintenance, financial management, and
1238-administration.
1239-(d) The authority may contract with a state supported college or
1240-HEA 1050 30
1241-university in Indiana to provide the program. The program:
1242-(1) must be overseen by a director and include such staff as
1243-mutually agreed upon by the authority and the college or
1244-university; and
1245-(2) may be housed within, or share staff with, the research and
1246-highway extension program established by IC 8-17-7, as may be
1247-mutually agreed upon by the authority and the college or
1248-university.
1249-The authority may financially support the program from existing funds
1250-appropriated to the authority.
1251-(e) The program may provide the following services and programs
1252-to, or for the benefit of, utilities that provide drinking water,
1253-wastewater, or storm water service in Indiana:
1254-(1) Assisting utilities in the development of asset management
1255-programs by:
1256-(A) providing educational and technical assistance concerning
1257-the principles, benefits, requirements, and implementation of
1258-a successful asset management program; and
1259-(B) reviewing the asset management programs of utilities and
1260-offering advice in cases in which information or essential
1261-components may be missing or lacking.
1262-(2) Serving as a central repository for data concerning the location
1263-and condition of, and populations served by, drinking water
1264-infrastructure, wastewater infrastructure, and storm water
1265-infrastructure throughout Indiana, by:
1266-(A) collecting:
1267-(i) data from utilities, local units, and state agencies; or
1268-(ii) field data;
1269-(B) compiling and organizing the data collected; and
1270-(C) subject to subsection (g), making the data available in an
1271-electronic format specified by the authority on an Internet web
1272-site a website maintained by:
1273-(i) the authority; or
1274-(ii) the program.
1275-(3) Providing training and technical assistance to utilities by:
1276-(A) offering, participating in, or sponsoring statewide or local
1277-conferences and workshops on topics related to the design,
1278-construction, operation, maintenance, and administration of
1279-utilities' infrastructure and systems; and
1280-(B) making available or providing information on professional
1281-development opportunities for Indiana's drinking water,
1282-wastewater, and storm water utility industry workforces.
1283-HEA 1050 31
1284-(f) Subject to subsection (g), not later than July 1, 2023, the
1285-authority shall make information concerning all:
1286-(1) utility asset management programs; and
1287-(2) utility asset lifecycle management costs;
1288-submitted to or reviewed by the authority under this article available in
1289-an electronic format specified by the authority on an Internet web site
1290-a website maintained by the authority or the program.
1291-(g) In carrying out the duties set forth in subsections (e)(2) and (f),
1292-the authority and, if applicable, the program shall use any data the
1293-authority or the program acquires in a manner that:
1294-(1) protects the confidential information of individual utilities and
1295-customers; and
1296-(2) is consistent with IC 5-14-3-4.
1297-SECTION 34. IC 5-2-1-12.5, AS AMENDED BY P.L.12-2021,
1298-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1299-JULY 1, 2025]: Sec. 12.5. (a) The board may revoke, suspend, modify,
1300-or restrict a diploma, certificate, or document showing compliance and
1301-qualification issued by the board, or any authority to act as a law
1302-enforcement officer in the state, for any of the following reasons:
1303-(1) The officer has been convicted of:
1304-(A) a felony; or
1305-(B) a misdemeanor that would cause a reasonable person to
1306-believe that the officer:
1307-(i) is dangerous or violent; or
1308-(ii) has a demonstrated propensity to violate the law.
1309-(2) The officer has been found not guilty of a felony by reason of
1310-mental disease or defect.
1311-(3) The officer's diploma, certificate, or document showing
1312-compliance and qualification issued by the board, or by another
1313-person, was issued in error or was issued on the basis of
1314-information later determined to be false.
1315-(4) The officer has engaged in conduct that would be a criminal
1316-offense described in subdivision (1)(A) through (1)(B), even if the
1317-officer was not charged with the criminal offense.
1318-(b) If, after affording the law enforcement officer all due process
1319-rights, the chief executive officer or the hiring or appointing authority
1320-disciplines a law enforcement officer for a violation described in
1321-subsection (a), the chief executive officer or hiring or appointing
1322-authority shall report the discipline to the executive director to
1323-determine whether proceedings under this section are warranted. The
1324-chief executive officer or the hiring or appointing authority shall report
1325-the discipline within thirty (30) days of the imposition of the discipline.
1326-HEA 1050 32
1327-(c) If a law enforcement officer resigns or retires from the
1328-department or agency before a finding and order has been issued
1329-concerning a violation of subsection (a), the chief executive officer or
1330-the hiring or appointing authority shall report the resignation to the
1331-executive director to determine whether proceedings under this section
1332-are warranted. A report under this subsection must be made within
1333-thirty (30) days of the resignation or retirement of the law enforcement
1334-officer.
1335-(d) A person who knows of cause for the revocation of an officer's
1336-diploma, certificate, or document showing compliance and
1337-qualification shall inform the officer's hiring or appointing authority or
1338-the executive director. A person who makes a good faith report of
1339-cause for revocation of an officer's diploma, certificate, or document
1340-showing compliance and qualification is immune from civil liability.
1341-(e) If the chief executive officer or hiring or appointing authority
1342-receives a report of cause for revocation concerning an officer within
1343-the chief executive officer's agency, the chief executive officer shall:
1344-(1) cause the internal affairs division (or a similar unit) of the
1345-agency to investigate the report without unnecessary delay; or
1346-(2) request that the investigation be conducted by a law
1347-enforcement agency other than the law enforcement agency to
1348-which the subject of the investigation belongs.
1349-The chief executive officer or hiring or appointing authority shall report
1350-any finding and order for discipline for a cause described in subsection
1351-(a) to the executive director.
1352-(f) If a hiring or appointing authority receives a report of cause for
1353-revocation concerning the chief executive officer, the hiring or
1354-appointing authority shall cause an appropriate investigative agency to
1355-investigate without unnecessary delay.
1356-(g) If the executive director receives a report or otherwise learns of
1357-cause for revocation concerning a law enforcement officer or chief
1358-executive officer, the board shall consider the report and direct the
1359-subject officer's chief executive officer or hiring or appointing authority
1360-to conduct an investigation. The chief executive officer or hiring or
1361-appointing authority shall cause an investigation to be conducted by an
1362-appropriate investigative agency without unnecessary delay.
1363-(h) When a chief executive officer or hiring or appointing authority
1364-completes an investigation of cause for revocation, the chief executive
1365-officer or hiring or appointing authority shall forward a complete report
1366-of its investigation, findings, and recommendations, if any, to the
1367-executive director. The chief executive officer or hiring or appointing
1368-authority shall also forward to the executive director a description of
1369-HEA 1050 33
1370-any administrative or disciplinary action taken as a result of the
1371-investigation not later than sixty (60) days after the chief executive
1372-officer or hiring or appointing authority takes administrative or
1373-disciplinary action.
1374-(i) Upon receipt of a final report of an investigation under this
1375-section, the executive director shall review and make recommendations
1376-to the board. If the recommendation is to revoke or suspend the law
1377-enforcement officer's authority to act as a law enforcement officer, then
1378-all of the following apply:
1379-(1) The executive director shall cause written charges to be
1380-prepared and served upon the law enforcement officer by personal
1381-service, certified mail, or other delivery service for which a
1382-receipt for delivery is generated.
1383-(2) The law enforcement officer may:
1384-(A) voluntarily relinquish the officer's diploma, certificate, or
1385-document showing compliance and qualification issued by the
1386-board, or any authority to act as a law enforcement officer, by
1387-completing, before a notary public, a relinquishment form
1388-provided by the board; or
1389-(B) demand an evidentiary hearing on the allegations.
1390-(3) The:
1391-(A) law enforcement officer has the right to be represented by
1392-an attorney at the sole expense of the law enforcement officer;
1393-and
1394-(B) board may be represented by the general counsel for the
1395-Indiana law enforcement academy (or a designee), the attorney
1396-general, or a private attorney.
1397-All attorneys shall file an appearance with the board.
1398-(4) If the law enforcement officer demands an evidentiary
1399-hearing, the board chairperson shall appoint a subcommittee to
1400-conduct the evidentiary hearing. The subcommittee shall be
1401-composed of three (3) law enforcement officers who are members
1402-of the board and two (2) members of the board who are not
1403-currently law enforcement officers. The subcommittee shall
1404-provide findings of fact and conclusions of law, and the board
1405-shall render the final decision and impose the revocation or
1406-suspension, if warranted.
1407-(5) Not later than ten (10) days after its appointment, the
1408-subcommittee shall conduct a prehearing conference with the
1409-parties. The prehearing conference may be conducted
1410-electronically if every party may fully participate. The prehearing
1411-conference shall address:
1412-HEA 1050 34
1413-(A) the narrowing of issues and defenses;
1414-(B) discovery matters;
1415-(C) stipulations that may be reached;
1416-(D) names and subject matter of all witnesses;
1417-(E) whether summary judgment may be requested;
1418-(F) the need for legal briefs on any issue;
1419-(G) the date, time, location, and probable length of the
1420-evidentiary hearing; and
1421-(H) any other pertinent issues.
1422-The subcommittee shall issue an order summarizing the
1423-proceedings and its ruling on the issues.
1424-(6) Each party is entitled to engage in reasonable discovery as
1425-approved by the subcommittee and consistent with the Indiana
1426-Rules of Trial Procedure.
1427-(7) The evidentiary hearing shall permit opening statements by
1428-each party, direct and cross-examination of witnesses,
1429-introduction of evidence, and closing arguments.
1430-(8) The evidentiary hearing shall be recorded.
1431-(9) The subcommittee may request each party to submit proposed
1432-findings of fact and conclusions of law, and shall render a
1433-determination of the issues not later than thirty (30) days from
1434-receipt of the last submission of proposed findings of fact and
1435-conclusions of law.
1436-(j) When the subcommittee makes its findings of fact and
1437-conclusions of law, it shall serve a copy on the law enforcement officer
1438-by personal service, certified mail, or other delivery service for which
1439-a receipt for delivery is generated, and shall further notify the law
1440-enforcement officer of the date, time, and location of the board
1441-meeting. At the meeting the board shall determine whether to accept
1442-the recommendation of the subcommittee.
1443-(k) A law enforcement officer may seek judicial review of an
1444-adverse determination of the board under IC 4-21.5-5.
1445-(l) The fact that the law enforcement officer:
1446-(1) has been disciplined; or
1447-(2) may be disciplined;
1448-by the hiring or appointing authority for the same conduct is not a bar
1449-to any action by the board under this section.
1450-(m) The board shall include the name of any law enforcement
1451-officer who has been decertified on the Internet web site website of the
1452-Indiana law enforcement academy, and shall transmit the officer's name
1453-for inclusion on the decertification index maintained by the
1454-International Association of Directors of Law Enforcement Standards
1455-HEA 1050 35
1456-and Training.
1457-(n) A law enforcement officer who has been decertified may apply
1458-to the board for reinstatement. The application for reinstatement must:
1459-(1) be in writing and signed by the law enforcement officer
1460-subject to the penalties for perjury; and
1461-(2) demonstrate that reinstatement is appropriate, that the
1462-applicant poses no danger to the public, and that the applicant can
1463-perform as a law enforcement officer according to the board's
1464-standards.
1465-By filing a petition for reinstatement the applicant agrees to submit to
1466-any investigation, testing, analysis, or other procedure or protocol
1467-determined by the board or the executive director. The board may
1468-direct the executive director to investigate the application for
1469-reinstatement and make a recommendation to the board. The executive
1470-director shall review the application for reinstatement and all
1471-supporting evidence, including expunged criminal convictions, and
1472-shall make a recommendation to the board. The board shall consider
1473-the application and recommendation of the executive director and shall
1474-notify the applicant of its determination in person or by certified mail
1475-or other delivery service for which a receipt for delivery is generated.
1476-(o) The board shall adopt rules under IC 4-22-2 to implement this
1477-section.
1478-SECTION 35. IC 5-2-6-4, AS AMENDED BY P.L.42-2024,
1479-SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1480-JULY 1, 2025]: Sec. 4. (a) The board of trustees is composed of:
1481-(1) the governor, or the governor's designee, who shall act as
1482-chairman;
1483-(2) the attorney general, or the attorney general's designee;
1484-(3) the superintendent of state police, or the superintendent's
1485-designee;
1486-(4) the commissioner of the department of correction, or the
1487-commissioner's designee;
1488-(5) the executive director of the prosecuting attorneys council of
1489-Indiana;
1490-(6) the chief administrative officer of the office of judicial
1491-administration;
1492-(7) the executive director of the public defenders defender
1493-council of Indiana;
1494-(8) the state public defender; and
1495-(9) eight (8) persons who are appointed by and who serve at the
1496-pleasure of the governor, including:
1497-(A) one (1) sheriff;
1498-HEA 1050 36
1499-(B) one (1) chief of police;
1500-(C) one (1) judge of a court with both juvenile jurisdiction and
1501-general criminal jurisdiction; and
1502-(D) five (5) citizens who have manifested an interest in
1503-criminal or juvenile justice, one (1) of whom shall be a
1504-member of the state advisory group under the Juvenile Justice
1505-Act.
1506-(b) The president pro tempore of the senate, or a senator appointed
1507-by the president pro tempore, and the speaker of the house of
1508-representatives, or a representative appointed by the speaker, may serve
1509-as nonvoting advisors advisers to the trustees. A trustee advisor
1510-adviser appointed under this subsection serves at the pleasure of the
1511-appointing authority. A member of the general assembly serving under
1512-this subsection serves a term of two (2) years. The term expires June 30
1513-of each odd-numbered year.
1514-(c) A trustee appointed by the governor serves at the pleasure of the
1515-governor. The terms of the trustees appointed by the governor are four
1516-(4) years in length and expire as follows:
1517-(1) For a trustee described in subsection (a)(9)(A) through
1518-(a)(9)(C), December 31, 2025, and each fourth year thereafter.
1519-(2) For a trustee described in subsection (a)(9)(D), December 31,
1520-2027, and each fourth year thereafter.
1521-(d) Membership on the board of trustees does not constitute holding
1522-a public office.
1523-(e) The appropriate appointing authority shall fill a vacancy on the
1524-board of trustees. A trustee appointed to fill a vacancy serves for the
1525-remainder of the term of the trustee's predecessor.
1526-SECTION 36. IC 5-2-6-24, AS AMENDED BY P.L.126-2024,
1527-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1528-JULY 1, 2025]: Sec. 24. (a) As used in this section, "criminal code
1529-reform" refers to statutory provisions relating to criminal law enacted
1530-by P.L.158-2013 and HEA 1006-2014.
1531-(b) (a) The institute shall monitor and evaluate the status of
1532-Indiana's criminal justice system as described in this section.
1533-(c) (b) The institute shall annually gather data and analyze the status
1534-of the criminal justice system in Indiana, including the impact of
1535-current trends on:
1536-(1) local units of government;
1537-(2) the department of correction; and
1538-(3) the office of judicial administration.
1539-(d) (c) The institute shall prepare an annual report, in conjunction
1540-with the justice reinvestment advisory council (established by
1541-HEA 1050 37
1542-IC 33-38-9.5-2), containing the results of its analysis before January 1
1543-of each year. The report shall be provided to the governor, the chief
1544-justice, and the legislative council. The report provided to the
1545-legislative council must be in an electronic format under IC 5-14-6.
1546-(e) (d) The report required under this section must:
1547-(1) include an analysis of:
1548-(A) county jail populations;
1549-(B) community corrections agencies;
1550-(C) probation departments;
1551-(D) courts;
1552-(E) recidivism rates;
1553-(F) reentry court programs; and
1554-(G) data relevant to the availability and effectiveness of mental
1555-health and addiction programs for persons who are in the
1556-criminal justice system;
1557-(2) track the number of requests for sentence modification that are
1558-set for hearing by the court, including the relief granted by the
1559-court, if any;
1560-(3) track, by age and offense, the number of juveniles under the
1561-jurisdiction of an adult court due to:
1562-(A) lack of jurisdiction under IC 31-30-1-4; or
1563-(B) waiver of jurisdiction under IC 31-30-3-2 through
1564-IC 31-30-3-6;
1565-(4) track the number of juveniles under the jurisdiction of adult
1566-court due to a juvenile court not having jurisdiction of the cases
1567-in accordance with IC 31-30-1-4, by:
1568-(A) age;
1569-(B) sex;
1570-(C) race;
1571-(D) county of prosecution;
1572-(E) offenses charged;
1573-(F) convictions received; and
1574-(G) sentences received; and
1575-(5) track the number of waivers of juvenile court jurisdiction
1576-granted under IC 31-30-3-2 through IC 31-30-3-6 by:
1577-(A) age;
1578-(B) sex;
1579-(C) race;
1580-(D) charges filed in juvenile court in which a waiver was
1581-sought;
1582-(E) charges filed in adult court following the waiver of
1583-juvenile court jurisdiction;
1584-HEA 1050 38
1585-(F) county of prosecution;
1586-(G) convictions received; and
1587-(H) sentences received.
1588-(f) (e) All local units of government and local elected officials,
1589-including sheriffs, prosecuting attorneys, judges, and county fiscal
1590-bodies, shall cooperate with the institute by providing data as requested
1591-by the institute.
1592-(g) (f) State agencies, including the department of correction, the
1593-Indiana prosecuting attorneys council of Indiana, the Indiana public
1594-defender council of Indiana, the office of judicial administration, and
1595-the division of mental health and addiction, shall assist the institute by
1596-providing requested data in a timely manner.
1597-(h) (g) Based on their analysis, the institute and the justice
1598-reinvestment advisory council shall include recommendations to
1599-improve the criminal justice system in Indiana, with particular
1600-emphasis being placed on recommendations that relate to sentencing
1601-policies and reform.
1602-(i) (h) The institute and the justice reinvestment advisory council
1603-shall include research data relevant to their analysis and
1604-recommendations in the report.
1605-(j) (i) The institute shall:
1606-(1) make the data collected under subsection (e)(4) (d)(4) and
1607-(e)(5) (d)(5) available to the public in an annual report, by fiscal
1608-year, due by October 30 of each year;
1609-(2) post the annual report required by subdivision (1) on the
1610-institute's website; and
1611-(3) provide a copy of the annual report required by subdivision (1)
1612-to the commission on improving the status of children in Indiana
1613-established by IC 2-5-36-3.
1614-SECTION 37. IC 5-2-6.1-10, AS AMENDED BY P.L.130-2018,
1615-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1616-JULY 1, 2025]: Sec. 10. The division shall do the following:
1617-(1) Maintain an office and staff in Indianapolis.
1618-(2) Prescribe forms for processing applications for assistance.
1619-(3) Determine claims for assistance filed under this chapter and
1620-investigate or reopen cases as necessary.
1621-(4) Prepare and post on the division's Internet web site website a
1622-report of the division's activities on a monthly, quarterly, and
1623-annual basis.
1624-SECTION 38. IC 5-2-6.1-16, AS AMENDED BY P.L.20-2024,
1625-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1626-JULY 1, 2025]: Sec. 16. (a) A person eligible for assistance under
1627-HEA 1050 39
1628-section 12 of this chapter may file an application for assistance with the
1629-division.
1630-(b) Except as provided in subsections (e) and (f), the application
1631-must be received by the division not more than one hundred eighty
1632-(180) days after the date the crime was committed. The division may
1633-grant an extension of time for good cause shown by the claimant.
1634-However, and except as provided in subsections (e) and (f), the
1635-division may not accept an application that is received more than two
1636-(2) years after the date the crime was committed.
1637-(c) The application must be filed in the office of the division in
1638-person, through the division's Internet web site, website, or by first
1639-class or certified mail. If requested, the division shall assist a victim in
1640-preparing the application.
1641-(d) The division shall accept all applications filed in compliance
1642-with this chapter. Upon receipt of a complete application, the division
1643-shall promptly begin the investigation and processing of an application.
1644-(e) An alleged victim of a child sex crime may submit an application
1645-to the division until the victim becomes thirty-one (31) years of age or
1646-in accordance with subsection (f).
1647-(f) An alleged victim of a child sex crime described in
1648-IC 35-41-4-2(e) which meets the requirements of IC 35-41-4-2(p) may
1649-submit an application to the division not later than five (5) years after
1650-the earliest of the date on which:
1651-(1) the state first discovers evidence sufficient to charge the
1652-offender with the offense through DNA (deoxyribonucleic acid)
1653-analysis;
1654-(2) the state first becomes aware of the existence of a recording
1655-(as defined in IC 35-31.5-2-273) that provides evidence sufficient
1656-to charge the offender with the offense; or
1657-(3) a person confesses to the offense.
1658-(g) An alleged victim of a battery offense included in IC 35-42-2
1659-upon a child less than fourteen (14) years of age may submit an
1660-application to the division not later than five (5) years after the
1661-commission of the offense.
1662-SECTION 39. IC 5-2-25-9, AS ADDED BY P.L.14-2024,
1663-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1664-JULY 1, 2025]: Sec. 9. Each member of the council commission who
1665-is a member of the general assembly is entitled to receive the same per
1666-diem, mileage, and travel allowances paid to legislative members of
1667-interim study committees established by the legislative council. Per
1668-diem, mileage, and travel allowances paid under this section shall be
1669-paid from appropriations made to the legislative council or the
1670-HEA 1050 40
1671-legislative services agency.
1672-SECTION 40. IC 5-3-1-1.6, AS ADDED BY P.L.146-2024,
1673-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1674-JULY 1, 2025]: Sec. 1.6. (a) This section applies to a notice published
1675-by a political subdivision in a newspaper or locality newspaper under
1676-section 4 of this chapter.
1677-(b) This subsection applies if a newspaper or locality newspaper
1678-publishes:
1679-(1) a print edition not more than three (3) times a week; and
1680-(2) an electronic edition.
1681-A notice may be published in either the print edition or the electronic
1682-edition.
1683-(c) This subsection applies if a newspaper or locality newspaper:
1684-(1) publishes a print edition not more than two (2) times a week;
1685-and
1686-(2) does not publish an electronic edition.
1687-A notice may be published in either the print edition or on the website
1688-of the newspaper or locality newspaper. If the newspaper or locality
1689-newspaper does not maintain a website, a notice may be published in
1690-either the print edition or on the political subdivision's official website
1691-(as defined in IC 5-3-5-2) in accordance with IC 5-3-5.
1692-(d) A newspaper or locality newspaper may not:
1693-(1) charge a person a fee for viewing or searching the website or
1694-electronic edition for public notices; or
1695-(2) require a person to register on the newspaper newspaper's or
1696-locality newspaper's website in order to view or search for public
1697-notices on the website.
1698-(e) The basic charge for publication of a notice in an electronic
1699-edition shall be the same as the basic charge for publication of the
1700-notice in the print edition in accordance with section 1 of this chapter.
1701-SECTION 41. IC 5-3-5-1, AS ADDED BY P.L.152-2021,
1702-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1703-JULY 1, 2025]: Sec. 1. This chapter applies to a political subdivision
1704-that:
1705-(1) has an official web site; website; and
1706-(2) is authorized under IC 5-3-1-2 or another statute to publish a
1707-notice on the political subdivision's Internet web site website in
1708-accordance with this chapter.
1709-SECTION 42. IC 5-3-5-2, AS ADDED BY P.L.152-2021,
1710-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1711-JULY 1, 2025]: Sec. 2. As used in this chapter, "official web site"
1712-website" means the Internet location designated by a political
1713-HEA 1050 41
1714-subdivision as its primary source of information about the political
1715-subdivision on the Internet.
1716-SECTION 43. IC 5-3-5-4, AS ADDED BY P.L.152-2021,
1717-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1718-JULY 1, 2025]: Sec. 4. (a) A political subdivision that is required by
1719-statute to publish notice in a newspaper two (2) or more times may
1720-make:
1721-(1) the first publication of a notice in a newspaper or newspapers
1722-as required under IC 5-3-1-4 or the applicable statute; and
1723-(2) if the political subdivision maintains an official web site,
1724-website, all subsequent publications of the notice only on the
1725-official web site website of the political subdivision.
1726-(b) If a political subdivision is required to publish a notice two (2)
1727-or more times in at least two (2) newspapers more or less
1728-contemporaneously, the first publication of the notice includes the first
1729-publication of the notice in both newspapers.
1730-SECTION 44. IC 5-3-5-5, AS ADDED BY P.L.152-2021,
1731-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1732-JULY 1, 2025]: Sec. 5. The notice must:
1733-(1) be in a location on the official web site website where the
1734-notice is easily accessible and identifiable; and
1735-(2) remain on the official web site website not less than seven (7)
1736-days after the last posting date required by law has expired.
1737-SECTION 45. IC 5-3-5-6, AS ADDED BY P.L.152-2021,
1738-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1739-JULY 1, 2025]: Sec. 6. (a) The political subdivision or county, or a
1740-contractor that contracts with the political subdivision or county to
1741-administer the official web site, website, shall:
1742-(1) create a printed copy of any notice posted on the official web
1743-site website in a format that includes the date of publication on
1744-the first day that the legal notice is published on the official web
1745-site; website; and
1746-(2) maintain a printed copy of any notice for archival and
1747-verification purposes.
1748-(b) A proof of publication that complies with section 7 of this
1749-chapter must be furnished upon request. The proof of publication must
1750-state that the notice was posted from the initial date through the last
1751-posting date required by law.
1752-SECTION 46. IC 5-3-5-8, AS ADDED BY P.L.152-2021,
1753-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1754-JULY 1, 2025]: Sec. 8. The political subdivision shall:
1755-(1) designate an official of the political subdivision to be
1756-HEA 1050 42
1757-responsible for electronic publications; and
1758-(2) post the official's name and contact information on the official
1759-web site. website.
1760-SECTION 47. IC 5-4-1-5.1, AS AMENDED BY P.L.188-2016,
1761-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1762-JULY 1, 2025]: Sec. 5.1. (a) "Political subdivision" as used in this
1763-section has the meaning set forth in IC 36-1-2-13 and excludes any
1764-department or agency of the state.
1765-(b) Every elected or appointed officer, official, deputy, employee,
1766-or contractor of a political subdivision who is required by section 18 of
1767-this chapter to file an official bond for the faithful performance of duty,
1768-except the county recorder and deputies and employees of the recorder,
1769-shall file the bond with the fiscal officer of the political subdivision and
1770-in the office of the county recorder in the county of office or
1771-employment of the officer, official, deputy, employee, or contractor.
1772-The county recorder and deputies and employees of the recorder shall
1773-file their bonds with the county auditor and in the office of the clerk of
1774-the circuit court.
1775-(c) The bonds described in subsection (b) shall be filed within ten
1776-(10) days of their issuance or, if approval is required, within ten (10)
1777-days after their approval by the person required to approve the bonds.
1778-The recorder shall record all of the bonds filed under this section,
1779-indexing them alphabetically under the name of the principal and
1780-referring to the title, office, and page number where recorded. The
1781-bonds shall be kept in a safe and convenient place in the recorder's
1782-office with a reference to the date filed and record and page where
1783-recorded.
1784-(d) Every county officer who is required to give bond shall have a
1785-copy of the oath of office recorded with the bond.
1786-(e) The fiscal officer of a political subdivision with whom an official
1787-bond is filed under subsection (b) shall file a copy of the bond with the
1788-state board of accounts:
1789-(1) contemporaneously with the filing of the political
1790-subdivision's annual financial report required under
1791-IC 5-11-1-4(a); and
1792-(2) electronically in the manner prescribed under IC 5-14-3.8-7.
1793-(f) The state board of accounts shall maintain a data base of bonds
1794-received under this section and make the data base available to the
1795-public on the state board of accounts Internet web site. website. To the
1796-extent practicable, the data base must include a list that specifies:
1797-(1) every individual who is required by section 18 of this chapter
1798-to file; and
1799-HEA 1050 43
1800-(2) whether each individual specified under subdivision (1) has
1801-obtained and filed;
1802-an official bond for the faithful performance of duty.
1803-SECTION 48. IC 5-10-8-17, AS ADDED BY P.L.19-2016,
1804-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1805-JULY 1, 2025]: Sec. 17. (a) As used in this section, "covered
1806-individual" means an individual entitled to coverage under a state
1807-employee health plan.
1808-(b) As used in this section, "preceding prescription drug" means a
1809-prescription drug that, according to a step therapy protocol, must be:
1810-(1) first used to treat a covered individual's condition; and
1811-(2) as a result of the treatment under subdivision (1), determined
1812-to be inappropriate to treat the covered individual's condition;
1813-as a condition of coverage under a state employee health plan for
1814-succeeding treatment with another prescription drug.
1815-(c) As used in this section, "protocol exception" means a
1816-determination by a state employee health plan that, based on a review
1817-of a request for the determination and any supporting documentation:
1818-(1) a step therapy protocol is not medically appropriate for
1819-treatment of a particular covered individual's condition; and
1820-(2) the state employee health plan will:
1821-(A) not require the covered individual's use of a preceding
1822-prescription drug under the step therapy protocol; and
1823-(B) provide immediate coverage for another prescription drug
1824-that is prescribed for the covered individual.
1825-(d) As used in this section, "state employee health plan" refers to the
1826-following that provide coverage for prescription drugs:
1827-(1) A self-insurance program established under section 7(b) of
1828-this chapter.
1829-(2) A contract with a prepaid health care delivery plan that is
1830-entered into or renewed under section 7(c) of this chapter.
1831-The term includes a person that administers prescription drug benefits
1832-on behalf of a state employee health plan.
1833-(e) As used in this section, "step therapy protocol" means a protocol
1834-that specifies, as a condition of coverage under a state employee health
1835-plan, the order in which certain prescription drugs must be used to treat
1836-a covered individual's condition.
1837-(f) As used in this section, "urgent care situation" means a covered
1838-individual's injury or condition about which the following apply:
1839-(1) If medical care or treatment is not provided earlier than the
1840-time frame generally considered by the medical profession to be
1841-reasonable for a nonurgent situation, the injury or condition could
1842-HEA 1050 44
1843-seriously jeopardize the covered individual's:
1844-(A) life or health; or
1845-(B) ability to regain maximum function;
1846-based on a prudent layperson's judgment.
1847-(2) If medical care or treatment is not provided earlier than the
1848-time frame generally considered by the medical profession to be
1849-reasonable for a nonurgent situation, the injury or condition could
1850-subject the covered individual to severe pain that cannot be
1851-adequately managed, based on the covered individual's treating
1852-health care provider's judgment.
1853-(g) A state employee health plan shall publish on the state employee
1854-health plan's Internet web site, website, and provide to a covered
1855-individual in writing, a procedure for the covered individual's use in
1856-requesting a protocol exception. The procedure must include the
1857-following provisions:
1858-(1) A description of the manner in which a covered individual
1859-may request a protocol exception.
1860-(2) That the state employee health plan shall make a
1861-determination concerning a protocol exception request, or an
1862-appeal of a denial of a protocol exception request, not more than:
1863-(A) in an urgent care situation, one (1) business day after
1864-receiving the request or appeal; or
1865-(B) in a nonurgent care situation, three (3) business days after
1866-receiving the request or appeal.
1867-(3) That a protocol exception will be granted if any of the
1868-following apply:
1869-(A) A preceding prescription drug is contraindicated or will
1870-likely cause an adverse reaction or physical or mental harm to
1871-the covered individual.
1872-(B) A preceding prescription drug is expected to be
1873-ineffective, based on both of the following:
1874-(i) The known clinical characteristics of the covered
1875-individual.
1876-(ii) Known characteristics of the preceding prescription
1877-drug, as found in sound clinical evidence.
1878-(C) The covered individual has previously received:
1879-(i) a preceding prescription drug; or
1880-(ii) another prescription drug that is in the same
1881-pharmacologic class or has the same mechanism of action as
1882-a preceding prescription drug;
1883-and the prescription drug was discontinued due to lack of
1884-efficacy or effectiveness, diminished effect, or an adverse
1885-HEA 1050 45
1886-event.
1887-(D) Based on clinical appropriateness, a preceding
1888-prescription drug is not in the best interest of the covered
1889-individual because the covered individual's use of the
1890-preceding prescription drug is expected to:
1891-(i) cause a significant barrier to the covered individual's
1892-adherence to or compliance with the covered individual's
1893-plan of care;
1894-(ii) worsen a comorbid condition of the covered individual;
1895-or
1896-(iii) decrease the covered individual's ability to achieve or
1897-maintain reasonable functional ability in performing daily
1898-activities.
1899-(4) That when a protocol exception is granted, the state employee
1900-health plan shall notify the covered individual and the covered
1901-individual's health care provider of the authorization for coverage
1902-of the prescription drug that is the subject of the protocol
1903-exception.
1904-(5) That if:
1905-(A) a protocol exception request; or
1906-(B) an appeal of a denied protocol exception request;
1907-results in a denial of the protocol exception, the state employee
1908-health plan shall provide to the covered individual and the
1909-treating health care provider notice of the denial, including a
1910-detailed, written explanation of the reason for the denial and the
1911-clinical rationale that supports the denial.
1912-(6) That the state employee health plan may request a copy of
1913-relevant documentation from the covered individual's medical
1914-record in support of a protocol exception.
1915-SECTION 49. IC 5-11-5-1.5, AS AMENDED BY P.L.157-2020,
1916-SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1917-JULY 1, 2025]: Sec. 1.5. (a) As used in this section, "audited entity"
1918-includes only the following:
1919-(1) A state agency (as defined in IC 4-13-1-1).
1920-(2) A public hospital.
1921-(3) A municipality.
1922-(4) A body corporate and politic.
1923-(5) A state educational institution.
1924-(6) An entity to the extent that the entity is required to be
1925-examined under IC 5-11-1-9 or another law.
1926-(b) If an examination report contains a finding that an audited entity
1927-failed to observe a uniform compliance guideline established under
1928-HEA 1050 46
1929-IC 5-11-1-24(a) or to comply with a specific law, the audited entity
1930-shall take action to address the audit finding.
1931-(c) If a subsequent examination report of the audited entity contains
1932-a finding that is the same as or substantially similar to the finding
1933-contained in the previous examination report described in subsection
1934-(b), the public officer of the audited entity shall file a corrective action
1935-plan as a written response to the report under section 1(b) of this
1936-chapter.
1937-(d) The state board of accounts shall create guidelines for use by an
1938-audited entity to establish a corrective action plan described in
1939-subsection (c). The guidelines must include a requirement that the issue
1940-that is the subject of a finding described in subsection (c) must be
1941-corrected not later than six (6) months after the date on which the
1942-corrective action plan is filed.
1943-(e) After the successful completion of a corrective action plan by an
1944-audited entity that was required to file a corrective action plan under
1945-subsection (c), the audited entity shall notify the state board of
1946-accounts. The state board of accounts shall review each corrective
1947-action plan. If a corrective action plan is not implemented or the issue
1948-that is the subject of the finding is not corrected within six (6) months,
1949-the state board of accounts shall prepare a memorandum summarizing:
1950-(1) the examination report finding;
1951-(2) the corrective action plan;
1952-(3) the manner by which the examination report finding was or
1953-was not addressed; and
1954-(4) a recommended course of action.
1955-(f) The state board of accounts shall present to the audit committee
1956-established by IC 2-5-1.1-6.3 a memorandum described in subsection
1957-(e). If the audit committee determines that further action should be
1958-taken, the audit committee may do any of the following:
1959-(1) Request a written statement from the public officer of the
1960-audited entity.
1961-(2) Request the personal attendance of the public officer of the
1962-audited entity at the next audit committee meeting.
1963-(3) Request that the public officer of the audited entity take
1964-corrective action.
1965-(4) Notify the:
1966-(A) office of management and budget (in the case of an
1967-audited entity that is a state agency, a body corporate and
1968-politic, or a state educational institution); or
1969-(B) officer or chief executive officer, legislative body, and
1970-fiscal body of the audited entity and the department of local
1971-HEA 1050 47
1972-government finance (in the case of any other audited entity);
1973-that the audited entity refused to correct the audited entity's failure
1974-to observe a uniform compliance guideline established under
1975-IC 5-11-1-24(a), or refused to comply with a specific law, with
1976-notice of the recommendation described in subsection (e)(4)
1977-published on the general assembly's Internet web site. website.
1978-(5) Refer the facts drawn from the examination and the actions
1979-taken under this section for investigation and prosecution of a
1980-violation of IC 5-11-1-10 or IC 5-11-1-21 to the:
1981-(A) inspector general, in the case of an audited entity that is a
1982-state agency, a body corporate and politic, or a state
1983-educational institution; or
1984-(B) prosecuting attorney of the county in which a violation of
1985-IC 5-11-1-10 or IC 5-11-1-21 may have been committed, in the
1986-case of any other audited entity;
1987-with notice of the referral published on the general assembly's
1988-Internet web site. website. Notice of a referral described in clause
1989-(B) must be sent to the officer or chief executive officer,
1990-legislative body, and fiscal body of the audited entity.
1991-(6) Recommend that legislation be introduced in the general
1992-assembly to amend any statute under which the audited entity is
1993-found to be noncompliant.
1994-(7) Recommend that the state board of accounts examine the
1995-audited entity within the calendar year following the year in
1996-which the audited entity was required to file a corrective action
1997-plan under subsection (c).
1998-(g) When implementing this section, the state board of accounts
1999-may issue confidential management letters, based on professional
2000-auditing standards, to an audited entity in a situation involving
2001-noncompliance that does not result in the establishment of a corrective
2002-action plan but that must be brought to the attention of the audited
2003-entity's governing body.
2004-SECTION 50. IC 5-13-12-12, AS ADDED BY P.L.115-2010,
2005-SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2006-JULY 1, 2025]: Sec. 12. (a) In June and December each year, the board
2007-shall prepare a written report generally summarizing the board's
2008-activities and the status of the public deposit insurance fund for the
2009-previous six (6) months. However, the report may not identify a
2010-particular financial institution notwithstanding the requirements of
2011-IC 5-14-3. The report shall be made available on the board's Internet
2012-web site. website.
2013-(b) The chairperson of the board or the chairperson's designee shall
2014-HEA 1050 48
2015-present the semiannual report to the budget committee at a public
2016-hearing.
2017-SECTION 51. IC 5-14-1.5-3.6, AS AMENDED BY P.L.124-2022,
2018-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2019-JULY 1, 2025]: Sec. 3.6. (a) This section applies only to a governing
2020-body of the following:
2021-(1) A charter school.
2022-(2) A public agency of the state, including a body corporate and
2023-politic established as an instrumentality of the state.
2024-(3) An airport authority or a department of aviation under IC 8-22.
2025-(4) A conservancy district under IC 14-33.
2026-(b) A member of a governing body who is not physically present at
2027-a meeting of the governing body may participate in a meeting of the
2028-governing body by electronic communication only if the member uses
2029-a means of communication that permits:
2030-(1) the member;
2031-(2) all other members participating in the meeting;
2032-(3) all members of the public physically present at the place
2033-where the meeting is conducted; and
2034-(4) if the meeting is conducted under a policy adopted under
2035-subsection (g)(7), all members of the public physically present at
2036-a public location at which a member participates by means of
2037-electronic communication;
2038-to simultaneously communicate with each other during the meeting.
2039-(c) The governing body must fulfill both of the following
2040-requirements for a member of the governing body to participate in a
2041-meeting by electronic communication:
2042-(1) This subdivision does not apply to committees appointed by
2043-a board of trustees of a state educational institution, by the
2044-commission for higher education, by the board of the Indiana
2045-economic development corporation, or by the board of directors
2046-of the Indiana secondary market for education loans, as
2047-established, incorporated, and designated under IC 21-16-5-1.
2048-This subdivision does not apply to a governing body if at least
2049-fifty-one percent (51%) of the governing body membership
2050-consists of individuals with a disability (as described in
2051-IC 12-12-8-3.4) or individuals with a significant disability (as
2052-described in IC 12-12-8-3.6), or both. The minimum number of
2053-members who must be physically present at the place where the
2054-meeting is conducted must be the greater of:
2055-(A) two (2) of the members; or
2056-(B) one-third (1/3) of the members.
2057-HEA 1050 49
2058-(2) All votes of the governing body during the electronic meeting
2059-must be taken by roll call vote.
2060-Nothing in this section affects the public's right under this chapter to
2061-attend a meeting of the governing body at the place where the meeting
2062-is conducted and the minimum number of members is physically
2063-present as provided for in subdivision (1).
2064-(d) Each member of the governing body is required to physically
2065-attend at least one (1) meeting of the governing body annually. This
2066-subsection does not apply to a governing body if at least fifty-one
2067-percent (51%) of the governing body membership consists of
2068-individuals with a disability (as described in IC 12-12-8-3.4) or
2069-individuals with a significant disability (as described in
2070-IC 12-12-8-3.6), or both.
2071-(e) Unless a policy adopted by a governing body under subsection
2072-(g) provides otherwise, a member who participates in a meeting by
2073-electronic communication:
2074-(1) is considered to be present at the meeting;
2075-(2) shall be counted for purposes of establishing a quorum; and
2076-(3) may vote at the meeting.
2077-(f) A governing body may not conduct meetings using a means of
2078-electronic communication until the governing body:
2079-(1) meets all requirements of this chapter; and
2080-(2) by a favorable vote of a majority of the members of the
2081-governing body, adopts a policy under subsection (g) governing
2082-participation in meetings of the governing body by electronic
2083-communication.
2084-(g) A policy adopted by a governing body to govern participation in
2085-the governing body's meetings by electronic communication may do
2086-any of the following:
2087-(1) Require a member to request authorization to participate in a
2088-meeting of the governing body by electronic communication
2089-within a certain number of days before the meeting to allow for
2090-arrangements to be made for the member's participation by
2091-electronic communication.
2092-(2) Subject to subsection (e), limit the number of members who
2093-may participate in any one (1) meeting by electronic
2094-communication.
2095-(3) Limit the total number of meetings that the governing body
2096-may conduct in a calendar year by electronic communication.
2097-(4) Limit the number of meetings in a calendar year in which any
2098-one (1) member of the governing body may participate by
2099-electronic communication.
2100-HEA 1050 50
2101-(5) Provide that a member who participates in a meeting by
2102-electronic communication may not cast the deciding vote on any
2103-official action. For purposes of this subdivision, a member casts
2104-the deciding vote on an official action if, regardless of the order
2105-in which the votes are cast:
2106-(A) the member votes with the majority; and
2107-(B) the official action is adopted or defeated by one (1) vote.
2108-(6) Require a member participating in a meeting by electronic
2109-communication to confirm in writing the votes cast by the
2110-member during the meeting within a certain number of days after
2111-the date of the meeting.
2112-(7) Provide that in addition to the location where a meeting is
2113-conducted, the public may also attend some or all meetings of the
2114-governing body, excluding executive sessions, at a public place
2115-or public places at which a member is physically present and
2116-participates by electronic communication. If the governing body's
2117-policy includes this provision, a meeting notice must provide the
2118-following information:
2119-(A) The identity of each member who will be physically
2120-present at a public place and participate in the meeting by
2121-electronic communication.
2122-(B) The address and telephone number of each public place
2123-where a member will be physically present and participate by
2124-electronic communication.
2125-(C) Unless the meeting is an executive session, a statement
2126-that a location described in clause (B) will be open and
2127-accessible to the public.
2128-(8) Require at least a quorum of members to be physically present
2129-at the location where the meeting is conducted.
2130-(9) Provide that a member participating by electronic
2131-communication may vote on official action only if, subject to
2132-subsection (e), a specified number of members:
2133-(A) are physically present at the location where the meeting is
2134-conducted; and
2135-(B) concur in the official action.
2136-(10) Establish any other procedures, limitations, or conditions that
2137-govern participation in meetings of the governing body by
2138-electronic communication and are not in conflict with this
2139-chapter.
2140-(h) The policy adopted by the governing body must be posted on the
2141-Internet web site website of the governing body, the charter school, the
2142-airport, the conservancy district, or the public agency.
2143-HEA 1050 51
2144-(i) Nothing in this section affects a public agency's or charter
2145-school's right to exclude the public from an executive session in which
2146-a member participates by electronic communication.
2147-SECTION 52. IC 5-14-1.5-5, AS AMENDED BY P.L.10-2019,
2148-SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2149-JULY 1, 2025]: Sec. 5. (a) Public notice of the date, time, and place of
2150-any meetings, executive sessions, or of any rescheduled or reconvened
2151-meeting, shall be given at least forty-eight (48) hours (excluding
2152-Saturdays, Sundays, and legal holidays) before the meeting. This
2153-requirement does not apply to reconvened meetings (not including
2154-executive sessions) where announcement of the date, time, and place
2155-of the reconvened meeting is made at the original meeting and recorded
2156-in the memoranda and minutes thereof, and there is no change in the
2157-agenda.
2158-(b) Public notice shall be given by the governing body of a public
2159-agency as follows:
2160-(1) The governing body of a public agency shall give public
2161-notice by posting a copy of the notice at the principal office of the
2162-public agency holding the meeting or, if no such office exists, at
2163-the building where the meeting is to be held.
2164-(2) The governing body of a public agency shall give public
2165-notice by delivering notice to all news media which deliver an
2166-annual written request for the notices not later than December 31
2167-for the next succeeding calendar year to the governing body of the
2168-public agency. The governing body shall give notice by one (1) of
2169-the following methods, which shall be determined by the
2170-governing body:
2171-(A) Depositing the notice in the United States mail with
2172-postage prepaid.
2173-(B) Transmitting the notice by electronic mail, if the public
2174-agency has the capacity to transmit electronic mail.
2175-(C) Transmitting the notice by facsimile (fax).
2176-(3) This subdivision applies only to the governing body of a
2177-public agency of a political subdivision described in section
2178-2(a)(2), 2(a)(4), or 2(a)(5) of this chapter that adopts a policy to
2179-provide notice under this subdivision. Notice under this
2180-subdivision is in addition to providing notice under subdivisions
2181-(1) and (2). If the governing body adopts a policy under this
2182-subdivision, the governing body of a public agency shall give
2183-public notice by delivering notice to any person (other than news
2184-media) who delivers to the governing body of the public agency
2185-an annual written request for the notices not later than December
2186-HEA 1050 52
2187-31 for the next succeeding calendar year. The governing body
2188-shall give notice by one (1) of the following methods, which shall
2189-be determined by the governing body:
2190-(A) Transmitting the notice by electronic mail, if the public
2191-agency has the capacity to send electronic mail.
2192-(B) Publishing the notice on the public agency's Internet web
2193-site website at least forty-eight (48) hours in advance of the
2194-meeting, if the public agency has an Internet web site. a
2195-website.
2196-A court may not declare void any policy, decision, or final action under
2197-section 7 of this chapter based on a failure to give a person notice under
2198-subdivision (3) if the public agency made a good faith effort to comply
2199-with subdivision (3). If a governing body comes into existence after
2200-December 31, it shall comply with this subsection upon receipt of a
2201-written request for notice. In addition, a state agency (as defined in
2202-IC 4-13-1-1) shall provide electronic access to the notice through the
2203-computer gateway administered by the office of technology established
2204-by IC 4-13.1-2-1.
2205-(c) Notice of regular meetings need be given only once each year,
2206-except that an additional notice shall be given where the date, time, or
2207-place of a regular meeting or meetings is changed. This subsection does
2208-not apply to executive sessions.
2209-(d) If a meeting is called to deal with an emergency involving actual
2210-or threatened injury to person or property, or actual or threatened
2211-disruption of the governmental activity under the jurisdiction of the
2212-public agency by any event, then the time requirements of notice under
2213-this section shall not apply, but:
2214-(1) news media which have requested notice of meetings under
2215-subsection (b)(2) must be given the same notice as is given to the
2216-members of the governing body; and
2217-(2) the public must be notified by posting a copy of the notice
2218-according to subsection (b)(1).
2219-(e) This section shall not apply where notice by publication is
2220-required by statute, ordinance, rule, or regulation.
2221-(f) This section shall not apply to the following:
2222-(1) The department of local government finance, the Indiana
2223-board of tax review, or any other governing body which meets in
2224-continuous session, except that this section applies to meetings of
2225-these governing bodies which are required by or held pursuant to
2226-statute, ordinance, rule, or regulation.
2227-(2) The executive of a county or the legislative body of a town if
2228-the meetings are held solely to carry out the administrative
2229-HEA 1050 53
2230-functions related to the county executive or town legislative
2231-body's executive powers. "Administrative functions" means only
2232-routine activities that are reasonably related to the everyday
2233-internal management of the county or town, including conferring
2234-with, receiving information from, and making recommendations
2235-to staff members and other county or town officials or employees.
2236-"Administrative functions" does not include:
2237-(A) taking final action on public business;
2238-(B) the exercise of legislative powers; or
2239-(C) awarding of or entering into contracts, or any other action
2240-creating an obligation or otherwise binding the county or town.
2241-(g) This section does not apply to the general assembly.
2242-(h) Notice has not been given in accordance with this section if a
2243-governing body of a public agency convenes a meeting at a time so
2244-unreasonably departing from the time stated in its public notice that the
2245-public is misled or substantially deprived of the opportunity to attend,
2246-observe, and record the meeting.
2247-SECTION 53. IC 5-14-3.3-5, AS ADDED BY P.L.269-2017,
2248-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2249-JULY 1, 2025]: Sec. 5. As used in this chapter, "government web site"
2250-website" refers to an Internet web site a website that is established for
2251-a governmental entity.
2252-SECTION 54. IC 5-14-3.3-9, AS ADDED BY P.L.269-2017,
2253-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2254-JULY 1, 2025]: Sec. 9. As used in this chapter, "web site "website
2255-owner" refers to the governmental entity that:
2256-(1) establishes and maintains a government web site; website;
2257-and
2258-(2) is responsible for the content of that site.
2259-SECTION 55. IC 5-14-3.3-13, AS ADDED BY P.L.269-2017,
2260-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2261-JULY 1, 2025]: Sec. 13. A government web site website may disclose
2262-government data only in accordance with IC 4-1-6 and IC 5-14-3.
2263-SECTION 56. IC 5-14-3.3-14, AS ADDED BY P.L.269-2017,
2264-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2265-JULY 1, 2025]: Sec. 14. A web site website owner and its officers,
2266-officials, and employees are immune from any civil liability for posting
2267-confidential information if the information was posted in reliance on a
2268-determination made by a data owner about the confidentiality of
2269-information on the government web site. website.
2270-SECTION 57. IC 5-14-3.3-15, AS ADDED BY P.L.269-2017,
2271-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2272-HEA 1050 54
2273-JULY 1, 2025]: Sec. 15. Except as specifically provided in IC 4-5-10-2,
2274-IC 4-13.1-2-4, IC 5-14-3-3.5, IC 5-14-3-3.6, or another statute, a web
2275-site website owner may not charge a fee for access to the data on the
2276-web site. website.
2277-SECTION 58. IC 5-14-3.3-16, AS ADDED BY P.L.269-2017,
2278-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2279-JULY 1, 2025]: Sec. 16. (a) This section applies to a data owner only
2280-if an Indiana statute requires the data owner to submit government data
2281-to a web site website owner.
2282-(b) A web site website owner may require the data owner to submit
2283-the government data in an electronic format on a prescribed form.
2284-(c) A data owner shall include a link on the data owner's Internet
2285-web site website to the Internet web site website of the web site
2286-website owner to which the data owner is required to submit
2287-government data.
2288-SECTION 59. IC 5-14-3.5-11, AS ADDED BY P.L.172-2011,
2289-SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2290-JULY 1, 2025]: Sec. 11. Each state agency shall include a link on the
2291-agency's Internet web site website to the Internet web site website
2292-established under this chapter.
2293-SECTION 60. IC 5-14-3.6-3, AS ADDED BY P.L.172-2011,
2294-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2295-JULY 1, 2025]: Sec. 3. The commission shall establish a web site
2296-website where members of the public may view the following:
2297-(1) The audited financial statement of each state educational
2298-institution.
2299-(2) A comparison between the amount appropriated to each state
2300-educational institution and the amount allotted for expenditure by
2301-the state educational institution.
2302-(3) Information concerning the outstanding debt of each state
2303-educational institution, the purposes for which the outstanding
2304-debt was used, and the sources of repayment for the outstanding
2305-debt.
2306-(4) For each state educational institution, all financial and other
2307-reports to a state agency that are public records.
2308-SECTION 61. IC 5-14-3.6-4, AS ADDED BY P.L.172-2011,
2309-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2310-JULY 1, 2025]: Sec. 4. Each state educational institution shall include
2311-a link on the state educational institution's Internet web site website to
2312-the web site website established under this chapter.
2313-SECTION 62. IC 5-14-3.7-3, AS AMENDED BY P.L.213-2018(ss),
2314-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2315-HEA 1050 55
2316-JULY 1, 2025]: Sec. 3. (a) The department, working with the office of
2317-technology established by IC 4-13.1-2-1 or another organization that is
2318-part of a state educational institution, the state board of accounts
2319-established by IC 5-11-1-1, the department of local government finance
2320-established under IC 6-1.1-30-1.1, and the office of management and
2321-budget established by IC 4-3-22-3, shall post on the Indiana
2322-transparency Internet web site website a data base that lists
2323-expenditures and fund balances, including expenditures for contracts,
2324-grants, and leases, for public schools. The web site website must be
2325-electronically searchable by the public.
2326-(b) The data base must include for public schools:
2327-(1) the amount, date, payer, and payee of expenditures;
2328-(2) a listing of expenditures specifically identifying those for:
2329-(A) personal services;
2330-(B) other operating expenses or total operating expenses; and
2331-(C) debt service, including lease payments, related to debt;
2332-(3) a listing of fund balances, specifically identifying balances in
2333-funds that are being used for accumulation of money for future
2334-capital needs;
2335-(4) a listing of real and personal property owned by the public
2336-school; and
2337-(5) the report required under IC 6-1.1-33.5-7.
2338-SECTION 63. IC 5-14-3.7-11, AS ADDED BY P.L.172-2011,
2339-SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2340-JULY 1, 2025]: Sec. 11. The office of technology established by
2341-IC 4-13.1-2-1 shall work with the department to include a link on the
2342-Internet web site website established under this chapter to the Internet
2343-web site website of each Internet web site website operated by:
2344-(1) the state; or
2345-(2) a public school.
2346-SECTION 64. IC 5-14-3.7-12, AS ADDED BY P.L.172-2011,
2347-SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2348-JULY 1, 2025]: Sec. 12. Each public school shall include a link on the
2349-public school's Internet web site website to the Internet web site
2350-website established under this chapter.
2351-SECTION 65. IC 5-14-3.7-13, AS ADDED BY P.L.172-2011,
2352-SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2353-JULY 1, 2025]: Sec. 13. The department and the office of technology
2354-shall initially complete the design of the Internet web site website and
2355-establish and post the information required under this chapter for all
2356-public schools.
2357-SECTION 66. IC 5-14-3.8-3, AS AMENDED BY P.L.208-2016,
2358-HEA 1050 56
2359-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2360-JULY 1, 2025]: Sec. 3. The department, working with the office of
2361-technology established by IC 4-13.1-2-1, or another organization that
2362-is part of a state educational institution, the office of management and
2363-budget established by IC 4-3-22-3, and the state board of accounts
2364-established by IC 5-11-1-1, shall post on the Indiana transparency
2365-Internet web site website the following:
2366-(1) The financial reports required by IC 5-11-1-4.
2367-(2) The report on expenditures per capita prepared under
2368-IC 6-1.1-33.5-7.
2369-(3) A listing of the property tax rates certified by the department.
2370-(4) An index of audit reports prepared by the state board of
2371-accounts.
2372-(5) Local development agreement reports prepared under
2373-IC 4-33-23-10 and IC 4-33-23-17.
2374-(6) Information for evaluating the fiscal health of a political
2375-subdivision in the format required by section 8(b) of this chapter.
2376-(7) A listing of expenditures specifically identifying those for:
2377-(A) personal services;
2378-(B) other operating expenses or total operating expenses; and
2379-(C) debt service, including lease payments, related to debt.
2380-(8) A listing of fund balances, specifically identifying balances in
2381-funds that are being used for accumulation of money for future
2382-capital needs.
2383-(9) Any other financial information deemed appropriate by the
2384-department.
2385-SECTION 67. IC 5-14-3.8-8, AS AMENDED BY P.L.244-2017,
2386-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2387-JULY 1, 2025]: Sec. 8. (a) The department shall develop indicators of
2388-fiscal health for evaluating the fiscal health of a political subdivision.
2389-The department may consider including any of the following in the
2390-indicators developed under this subsection:
2391-(1) The cash balance of a political subdivision.
2392-(2) The debt to revenue ratio of a political subdivision.
2393-(3) The condition of a political subdivision's property tax base and
2394-income tax base, if any, as measured by both the assessed value
2395-of the political subdivision and the amount of per capita revenue
2396-generated from the political subdivision's tax bases.
2397-(4) The per capita amount of a political subdivision's general fund
2398-operating revenue or in the case of a school corporation, the
2399-school corporation's education fund and operations fund revenue.
2400-(5) Any trends in the amount of a political subdivision's tax
2401-HEA 1050 57
2402-revenue.
2403-(6) Whether a political subdivision maintains a structural deficit
2404-or a structural surplus.
2405-(7) The number and size of the tax increment financing districts
2406-designated by a redevelopment commission established by the
2407-political subdivision, if any.
2408-(8) The extent that the political subdivision is affected by tax
2409-increment financing districts.
2410-(9) The extent that the political subdivision's property tax base is
2411-affected by exempt properties.
2412-(10) The political subdivision's bond rating.
2413-(11) The amount of retiree benefits paid by the political
2414-subdivision.
2415-(12) The amount of pension contributions paid on behalf of the
2416-political subdivision's employees.
2417-(13) Any other factor that the department considers relevant to
2418-evaluating the fiscal health of a political subdivision.
2419-(b) The department shall use the indicators developed under
2420-subsection (a) and the associated fiscal data to present the information
2421-for evaluating the fiscal health of a political subdivision on the Indiana
2422-transparency Internet web site. website. The information must be
2423-presented in a manner that:
2424-(1) can be conveniently and easily accessed from a single web
2425-page; and
2426-(2) is commonly known as an Internet dashboard.
2427-The information must be available on the Indiana transparency Internet
2428-web site website in the format required by this subsection before July
2429-1, 2015.
2430-(c) Neither the department of local government finance nor any
2431-other state agency may use the fiscal health indicators developed under
2432-this section to assign a political subdivision a summative grade.
2433-SECTION 68. IC 5-14-3.8-9, AS ADDED BY P.L.257-2019,
2434-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2435-JULY 1, 2025]: Sec. 9. The county auditor of each county shall submit
2436-the certification of tax distribution and settlement to the Indiana
2437-transparency Internet web site website biannually and not later than the
2438-following dates:
2439-(1) For the distribution and settlement to be completed by the
2440-fifty-first day after May 10 of a year under IC 6-1.1-27-1, not later
2441-than July 15 of the same year.
2442-(2) For the distribution and settlement to be completed by the
2443-fifty-first day after November 10 of a year under IC 6-1.1-27-1,
2444-HEA 1050 58
2445-not later than January 15 of the following year.
2446-SECTION 69. IC 5-14-3.9-4, AS ADDED BY P.L.208-2016,
2447-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2448-JULY 1, 2025]: Sec. 4. This chapter applies only to a political
2449-subdivision that has an Internet web site. a website. This chapter does
2450-not require a political subdivision to establish an Internet web site. a
2451-website.
2452-SECTION 70. IC 5-14-3.9-5, AS ADDED BY P.L.208-2016,
2453-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2454-JULY 1, 2025]: Sec. 5. (a) After July 31, 2017, the department shall
2455-publish an annual summary of each political subdivision on the Indiana
2456-transparency Internet web site website on the dates determined by the
2457-department.
2458-(b) A political subdivision shall prominently display on the main
2459-Internet web page of the political subdivision's Internet web site
2460-website the link provided by the department to the Indiana
2461-transparency Internet web site website established under IC 5-14-3.7.
2462-SECTION 71. IC 5-22-16.5-9, AS ADDED BY P.L.21-2012,
2463-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2464-JULY 1, 2025]: Sec. 9. (a) Not later than July 1, 2012, the department,
2465-using credible information available to the public, shall develop a list
2466-of persons the department determines to be engaged in investment
2467-activities in Iran.
2468-(b) The department may enter into contracts for the development of
2469-the list.
2470-(c) The list must be updated not later than every one hundred eighty
2471-(180) days.
2472-(d) The department shall publish the list on the department's Internet
2473-web site. website.
2474-(e) The department shall make every effort to avoid erroneous
2475-inclusion of a person on the list.
2476-SECTION 72. IC 5-28-17-1, AS AMENDED BY P.L.86-2018,
2477-SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2478-JULY 1, 2025]: Sec. 1. (a) The corporation shall do the following to
2479-carry out this chapter:
2480-(1) Contribute to the strengthening of the economy of Indiana by
2481-encouraging the organization and development of new business
2482-enterprises, including technologically oriented enterprises.
2483-(2) Approve and administer loans from the small business
2484-development fund established by IC 5-28-18.
2485-(3) Conduct activities for nontraditional entrepreneurs under
2486-IC 5-28-18.
2487-HEA 1050 59
2488-(4) Establish and administer the small and minority business
2489-financial assistance program under IC 5-28-20.
2490-(5) Assist small businesses in obtaining state and federal tax
2491-incentives.
2492-(6) Develop and advertise a means to allow for small businesses
2493-and local units of government to report duplicative state reporting
2494-requirements through an Internet a web page maintained on the
2495-corporation's web site. website.
2496-(7) Beginning in 2018, not later than August 31 of each year,
2497-report the information received during the previous twelve (12)
2498-months under subdivision (6) to the house of representatives'
2499-standing committee that is responsible for government reduction.
2500-(8) Operate the Indiana small business development centers.
2501-(9) Maintain, through the small business development centers, a
2502-statewide network of public, private, and educational resources to
2503-inform, among other things, small businesses of the state and
2504-federal programs under which the businesses may obtain financial
2505-assistance or realize reduced costs through programs such as the
2506-small employer health insurance pooling program under
2507-IC 27-8-5-16(8).
2508-(b) The corporation may do the following to carry out this chapter:
2509-(1) Receive money from any source, enter into contracts, and
2510-expend money for any activities appropriate to its purpose.
2511-(2) Do all other things necessary or incidental to carrying out the
2512-corporation's functions under this chapter.
2513-(3) Establish programs to identify entrepreneurs with marketable
2514-ideas and to support the organization and development of new
2515-business enterprises, including technologically oriented
2516-enterprises.
2517-(4) Conduct conferences and seminars to provide entrepreneurs
2518-with access to individuals and organizations with specialized
2519-expertise.
2520-(5) Establish a statewide network of public, private, and
2521-educational resources to assist the organization and development
2522-of new enterprises.
2523-(6) Cooperate with public and private entities, including the
2524-Indiana Small Business Development Center Network and the
2525-federal government marketing program, in exercising the powers
2526-listed in this subsection.
2527-(7) Establish and administer the small and minority business
2528-financial assistance program under IC 5-28-20.
2529-(8) Approve and administer loans from the small business
2530-HEA 1050 60
2531-development fund established by IC 5-28-18.
2532-(9) Develop and administer programs to support the growth of
2533-small businesses.
2534-(10) Coordinate state funded programs that assist the organization
2535-and development of new enterprises.
2536-SECTION 73. IC 5-28-17-3, AS AMENDED BY P.L.145-2016,
2537-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2538-JULY 1, 2025]: Sec. 3. If the corporation maintains a small business
2539-division described in IC 5-28-5-6.5, the corporation shall provide free
2540-access to the office's services through:
2541-(1) a toll free telephone number; and
2542-(2) an Internet a web page maintained on the corporation's web
2543-site. website.
2544-SECTION 74. IC 5-28-28-5, AS AMENDED BY P.L.145-2016,
2545-SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2546-JULY 1, 2025]: Sec. 5. (a) The corporation shall:
2547-(1) submit an economic incentives and compliance report to:
2548-(A) the governor; and
2549-(B) the legislative council in an electronic format under
2550-IC 5-14-6; and
2551-(2) publish the report on the corporation's Internet web site;
2552-website;
2553-on the schedule specified in subsection (b).
2554-(b) The corporation shall submit and publish before February 1 of
2555-each year an incentives and compliance report that provides updated
2556-information for active incentive agreements approved and awarded
2557-after January 1, 2005, through the immediately preceding calendar
2558-year.
2559-SECTION 75. IC 6-1.1-4-18.5, AS AMENDED BY P.L.236-2023,
2560-SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2561-JULY 1, 2025]: Sec. 18.5. (a) A county assessor may not use the
2562-services of a professional appraiser for assessment or reassessment
2563-purposes without a written contract. The contract used must be either
2564-a standard contract developed by the department of local government
2565-finance or a contract that has been specifically approved by the
2566-department. The department shall ensure that the contract:
2567-(1) includes all of the provisions required under section 19.5(b)
2568-of this chapter; and
2569-(2) adequately provides for the creation and transmission of real
2570-property assessment data in the form required by the legislative
2571-services agency and the department.
2572-(b) No contract shall be made with any professional appraiser to act
2573-HEA 1050 61
2574-as technical advisor adviser in the assessment of property, before the
2575-giving of notice and the receiving of bids from anyone desiring to
2576-furnish this service. Notice of the time and place for receiving bids for
2577-the contract shall be given by publication by one (1) insertion in two
2578-(2) newspapers of general circulation published in the county and
2579-representing each of the two (2) leading political parties in the county.
2580-If only one (1) newspaper is there published, notice in that one (1)
2581-newspaper is sufficient to comply with the requirements of this
2582-subsection. The contract shall be awarded to the lowest and best bidder
2583-who meets all requirements under law for entering a contract to serve
2584-as technical advisor adviser in the assessment of property. However,
2585-any and all bids may be rejected, and new bids may be asked.
2586-(c) The county council of each county shall appropriate the funds
2587-needed to meet the obligations created by a professional appraisal
2588-services contract which is entered into under this chapter.
2589-(d) A county assessor who enters into a contract with a professional
2590-appraiser shall submit a contract to the department through the Indiana
2591-transparency Internet web site website in the manner prescribed by the
2592-department. The county shall upload the contract not later than thirty
2593-(30) days after execution of the contract.
2594-(e) The department may review any contracts uploaded under
2595-subsection (d) to ensure compliance with section 19.5 of this chapter.
2596-SECTION 76. IC 6-1.1-4-25, AS AMENDED BY P.L.174-2022,
2597-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2598-JULY 1, 2025]: Sec. 25. (a) Each township assessor and each county
2599-assessor shall keep the assessor's reassessment data and records current
2600-by securing the necessary field data and by making changes in the
2601-assessed value of real property as changes occur in the use of the real
2602-property. The township or county assessor's records shall at all times
2603-show the assessed value of real property in accordance with this
2604-chapter. The township assessor shall ensure that the county assessor
2605-has full access to the assessment records maintained by the township
2606-assessor.
2607-(b) The county assessor shall:
2608-(1) maintain an electronic data file of:
2609-(A) the parcel characteristics and parcel assessments of all
2610-parcels; and
2611-(B) the personal property return characteristics and
2612-assessments by return;
2613-for each township in the county as of each assessment date;
2614-(2) maintain the electronic file in a form that formats the
2615-information in the file with the standard data, field, and record
2616-HEA 1050 62
2617-coding required and approved by:
2618-(A) the legislative services agency; and
2619-(B) the department of local government finance;
2620-(3) provide electronic access to property record cards on the
2621-official county Internet web site; website; and
2622-(4) before September 1 of each year, transmit the data in the file
2623-with respect to the assessment date of that year to the department
2624-of local government finance.
2625-(c) The appropriate county officer, as designated by the county
2626-executive, shall:
2627-(1) maintain an electronic data file of the geographic information
2628-system characteristics of each parcel for each township in the
2629-county as of each assessment date;
2630-(2) maintain the electronic file in a form that formats the
2631-information in the file with the standard data, field, and record
2632-coding required and approved by the office of technology; and
2633-(3) before September 1 of each year, transmit the data in the file
2634-with respect to the assessment date of that year to the geographic
2635-information office of the office of technology.
2636-(d) An assessor under subsection (b) and an appropriate county
2637-officer under subsection (c) shall do the following:
2638-(1) Transmit the data in a manner that meets the data export and
2639-transmission requirements in a standard format, as prescribed by
2640-the office of technology established by IC 4-13.1-2-1 and
2641-approved by the legislative services agency.
2642-(2) Resubmit the data in the form and manner required under
2643-subsection (b) or (c) upon request of the legislative services
2644-agency, the department of local government finance, or the
2645-geographic information office of the office of technology, as
2646-applicable, if data previously submitted under subsection (b) or
2647-(c) does not comply with the requirements of subsection (b) or (c),
2648-as determined by the legislative services agency, the department
2649-of local government finance, or the geographic information office
2650-of the office of technology, as applicable.
2651-An electronic data file maintained for a particular assessment date may
2652-not be overwritten with data for a subsequent assessment date until a
2653-copy of an electronic data file that preserves the data for the particular
2654-assessment date is archived in the manner prescribed by the office of
2655-technology established by IC 4-13.1-2-1 and approved by the
2656-legislative services agency.
2657-SECTION 77. IC 6-1.1-5-2 IS AMENDED TO READ AS
2658-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) Except as
2659-HEA 1050 63
2660-provided in section 9 of this chapter, the county auditor may establish
2661-a real property index numbering system in order to list real property for
2662-purposes of the assessment and collection of taxes. The index
2663-numbering system may be used in addition to, or in lieu of, the method
2664-of listing real property otherwise provided by law. The index
2665-numbering system shall describe real property by county, township,
2666-block, and parcel or lot. The numbering system must be approved by
2667-the department of local government finance before it is implemented.
2668-(b) If an index numbering system is implemented in a county, the
2669-county auditor, except as provided in section 9 of this chapter, shall:
2670-(1) establish and maintain cross indexes of the numbers assigned
2671-under the system and the complete legal description of the real
2672-property to which the numbers are related;
2673-(2) assign individual index numbers which shall be carried on the
2674-assessment rolls, tax rolls, and tax statements;
2675-(3) keep the indexes established under this section open for public
2676-inspection; and
2677-(4) furnish all information concerning the index numbering
2678-system to the assessing officers of the county.
2679-(c) An index numbering system established under this section shall
2680-be implemented on a county-wide countywide basis.
2681-SECTION 78. IC 6-1.1-12-17.8, AS AMENDED BY P.L.156-2024,
2682-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2683-JULY 1, 2025]: Sec. 17.8. (a) An individual who receives a deduction
2684-provided under section 9, 11, 13, 14, 16, 17.4 (before its expiration), or
2685-37 of this chapter in a particular year and who remains eligible for the
2686-deduction in the following year is not required to file a statement to
2687-apply for the deduction in the following year. However, for purposes
2688-of a deduction under section 37 of this chapter, the county auditor may,
2689-in the county auditor's discretion, terminate the deduction for
2690-assessment dates after January 15, 2012, if the individual does not
2691-comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired January
2692-1, 2015), as determined by the county auditor, before January 1, 2013.
2693-Before the county auditor terminates the deduction because the
2694-taxpayer claiming the deduction did not comply with the requirement
2695-in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1,
2696-2013, the county auditor shall mail notice of the proposed termination
2697-of the deduction to:
2698-(1) the last known address of each person liable for any property
2699-taxes or special assessment, as shown on the tax duplicate or
2700-special assessment records; or
2701-(2) the last known address of the most recent owner shown in the
2702-HEA 1050 64
2703-transfer book.
2704-(b) An individual who receives a deduction provided under section
2705-9, 11, 13, 14, 16, or 17.4 (before its expiration) of this chapter in a
2706-particular year and who becomes ineligible for the deduction in the
2707-following year shall notify the auditor of the county in which the real
2708-property, mobile home, or manufactured home for which the individual
2709-claims the deduction is located of the individual's ineligibility in the
2710-year in which the individual becomes ineligible. An individual who
2711-becomes ineligible for a deduction under section 37 of this chapter
2712-shall notify the county auditor of the county in which the property is
2713-located in conformity with section 37 of this chapter.
2714-(c) The auditor of each county shall, in a particular year, apply a
2715-deduction provided under section 9, 11, 13, 14, 16, 17.4 (before its
2716-expiration), or 37 of this chapter to each individual who received the
2717-deduction in the preceding year unless the auditor determines that the
2718-individual is no longer eligible for the deduction.
2719-(d) An individual who receives a deduction provided under section
2720-9, 11, 13, 14, 16, 17.4 (before its expiration), or 37 of this chapter for
2721-property that is jointly held with another owner in a particular year and
2722-remains eligible for the deduction in the following year is not required
2723-to file a statement to reapply for the deduction following the removal
2724-of the joint owner if:
2725-(1) the individual is the sole owner of the property following the
2726-death of the individual's spouse; or
2727-(2) the individual is the sole owner of the property following the
2728-death of a joint owner who was not the individual's spouse.
2729-If a county auditor terminates a deduction under section 9 of this
2730-chapter, a deduction under section 37 of this chapter, or a credit under
2731-IC 6-1.1-20.6-8.5 after June 30, 2017, and before May 1, 2019, because
2732-the taxpayer claiming the deduction or credit did not comply with a
2733-requirement added to this subsection by P.L.255-2017 to reapply for
2734-the deduction or credit, the county auditor shall reinstate the deduction
2735-or credit if the taxpayer provides proof that the taxpayer is eligible for
2736-the deduction or credit and is not claiming the deduction or credit for
2737-any other property.
2738-(e) A trust entitled to a deduction under section 9, 11, 13, 14, 16,
2739-17.4 (before its expiration), or 37 of this chapter for real property
2740-owned by the trust and occupied by an individual in accordance with
2741-section 17.9 of this chapter is not required to file a statement to apply
2742-for the deduction, if:
2743-(1) the individual who occupies the real property receives a
2744-deduction provided under section 9, 11, 13, 14, 16, 17.4 (before
2745-HEA 1050 65
2746-its expiration), or 37 of this chapter in a particular year; and
2747-(2) the trust remains eligible for the deduction in the following
2748-year.
2749-However, for purposes of a deduction under section 37 of this chapter,
2750-the individuals that qualify the trust for a deduction must comply with
2751-the requirement in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015)
2752-before January 1, 2013.
2753-(f) A cooperative housing corporation (as defined in 26 U.S.C. 216)
2754-that is entitled to a deduction under section 37 of this chapter in the
2755-immediately preceding calendar year for a homestead (as defined in
2756-section 37 of this chapter) is not required to file a statement to apply for
2757-the deduction for the current calendar year if the cooperative housing
2758-corporation remains eligible for the deduction for the current calendar
2759-year. However, the county auditor may, in the county auditor's
2760-discretion, terminate the deduction for assessment dates after January
2761-15, 2012, if the individual does not comply with the requirement in
2762-IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015), as determined by the
2763-county auditor, before January 1, 2013. Before the county auditor
2764-terminates a deduction because the taxpayer claiming the deduction did
2765-not comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired
2766-January 1, 2015) before January 1, 2013, the county auditor shall mail
2767-notice of the proposed termination of the deduction to:
2768-(1) the last known address of each person liable for any property
2769-taxes or special assessment, as shown on the tax duplicate or
2770-special assessment records; or
2771-(2) the last known address of the most recent owner shown in the
2772-transfer book.
2773-(g) An individual who:
2774-(1) was eligible for a homestead credit under IC 6-1.1-20.9
2775-(repealed) for property taxes imposed for the March 1, 2007, or
2776-January 15, 2008, assessment date; or
2777-(2) would have been eligible for a homestead credit under
2778-IC 6-1.1-20.9 (repealed) for property taxes imposed for the March
2779-1, 2008, or January 15, 2009, assessment date if IC 6-1.1-20.9 had
2780-not been repealed;
2781-is not required to file a statement to apply for a deduction under section
2782-37 of this chapter if the individual remains eligible for the deduction in
2783-the current year. An individual who filed for a homestead credit under
2784-IC 6-1.1-20.9 (repealed) for an assessment date after March 1, 2007 (if
2785-the property is real property), or after January 1, 2008 (if the property
2786-is personal property), shall be treated as an individual who has filed for
2787-a deduction under section 37 of this chapter. However, the county
2788-HEA 1050 66
2789-auditor may, in the county auditor's discretion, terminate the deduction
2790-for assessment dates after January 15, 2012, if the individual does not
2791-comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired January
2792-1, 2015), as determined by the county auditor, before January 1, 2013.
2793-Before the county auditor terminates the deduction because the
2794-taxpayer claiming the deduction did not comply with the requirement
2795-in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1,
2796-2013, the county auditor shall mail notice of the proposed termination
2797-of the deduction to the last known address of each person liable for any
2798-property taxes or special assessment, as shown on the tax duplicate or
2799-special assessment records, or to the last known address of the most
2800-recent owner shown in the transfer book.
2801-(h) If a county auditor terminates a deduction because the taxpayer
2802-claiming the deduction did not comply with the requirement in
2803-IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1, 2013,
2804-the county auditor shall reinstate the deduction if the taxpayer provides
2805-proof that the taxpayer is eligible for the deduction and is not claiming
2806-the deduction for any other property.
2807-(i) A taxpayer described in section 37(q) 37(r) of this chapter is not
2808-required to file a statement to apply for the deduction provided by
2809-section 37 of this chapter if the property owned by the taxpayer remains
2810-eligible for the deduction for that calendar year.
2811-SECTION 79. IC 6-1.1-12-37, AS AMENDED BY P.L.156-2024,
2812-SECTION 11, AND AS AMENDED BY P.L.136-2024, SECTION 14,
2813-IS CORRECTED AND AMENDED TO READ AS FOLLOWS
2814-[EFFECTIVE JULY 1, 2025]: Sec. 37. (a) The following definitions
2815-apply throughout this section:
2816-(1) "Dwelling" means any of the following:
2817-(A) Residential real property improvements that an individual
2818-uses as the individual's residence, limited to a single house and
2819-a single garage, regardless of whether the single garage is
2820-attached to the single house or detached from the single house.
2821-(B) A mobile home that is not assessed as real property that an
2822-individual uses as the individual's residence.
2823-(C) A manufactured home that is not assessed as real property
2824-that an individual uses as the individual's residence.
2825-(2) "Homestead" means an individual's principal place of
2826-residence:
2827-(A) that is located in Indiana;
2828-(B) that:
2829-(i) the individual owns;
2830-(ii) the individual is buying under a contract recorded in the
2831-HEA 1050 67
2832-county recorder's office, or evidenced by a memorandum of
2833-contract recorded in the county recorder's office under
2834-IC 36-2-11-20, that provides that the individual is to pay the
2835-property taxes on the residence, and that obligates the owner
2836-to convey title to the individual upon completion of all of the
2837-individual's contract obligations;
2838-(iii) the individual is entitled to occupy as a
2839-tenant-stockholder (as defined in 26 U.S.C. 216) of a
2840-cooperative housing corporation (as defined in 26 U.S.C.
2841-216); or
2842-(iv) is a residence described in section 17.9 of this chapter
2843-that is owned by a trust if the individual is an individual
2844-described in section 17.9 of this chapter; and
2845-(C) that consists of a dwelling and includes up to one (1) acre
2846-of land immediately surrounding that dwelling, and any of the
2847-following improvements:
2848-(i) Any number of decks, patios, gazebos, or pools.
2849-(ii) One (1) additional building that is not part of the
2850-dwelling if the building is predominantly used for a
2851-residential purpose and is not used as an investment property
2852-or as a rental property.
2853-(iii) One (1) additional residential yard structure other than
2854-a deck, patio, gazebo, or pool.
2855-Except as provided in subsection (q), (r), the term does not
2856-include property owned by a corporation, partnership, limited
2857-liability company, or other entity not described in this
2858-subdivision.
2859-(b) Each year a homestead is eligible for a standard deduction from
2860-the assessed value of the homestead for an assessment date. Except as
2861-provided in subsection (m), (n), the deduction provided by this section
2862-applies to property taxes first due and payable for an assessment date
2863-only if an individual has an interest in the homestead described in
2864-subsection (a)(2)(B) on:
2865-(1) the assessment date; or
2866-(2) any date in the same year after an assessment date that a
2867-statement is filed under subsection (e) or section 44 of this
2868-chapter, if the property consists of real property.
2869-If more than one (1) individual or entity qualifies property as a
2870-homestead under subsection (a)(2)(B) for an assessment date, only one
2871-(1) standard deduction from the assessed value of the homestead may
2872-be applied for the assessment date. Subject to subsection (c), the
2873-auditor of the county shall record and make the deduction for the
2874-HEA 1050 68
2875-individual or entity qualifying for the deduction.
2876-(c) Except as provided in section 40.5 of this chapter, the total
2877-amount of the deduction that a person may receive under this section
2878-for a particular year is the lesser of:
2879-(1) sixty percent (60%) of the assessed value of the real property,
2880-mobile home not assessed as real property, or manufactured home
2881-not assessed as real property; or
2882-(2) for assessment dates:
2883-(A) before January 1, 2023, forty-five thousand dollars
2884-($45,000); or
2885-(B) after December 31, 2022, forty-eight thousand dollars
2886-($48,000).
2887-(d) A person who has sold real property, a mobile home not assessed
2888-as real property, or a manufactured home not assessed as real property
2889-to another person under a contract that provides that the contract buyer
2890-is to pay the property taxes on the real property, mobile home, or
2891-manufactured home may not claim the deduction provided under this
2892-section with respect to that real property, mobile home, or
2893-manufactured home.
2894-(e) Except as provided in sections 17.8 and 44 of this chapter and
2895-subject to section 45 of this chapter, an individual who desires to claim
2896-the deduction provided by this section must file a certified statement,
2897-on forms prescribed by the department of local government finance,
2898-with the auditor of the county in which the homestead is located. The
2899-statement must include:
2900-(1) the parcel number or key number of the property and the name
2901-of the city, town, or township in which the property is located;
2902-(2) the name of any other location in which the applicant or the
2903-applicant's spouse owns, is buying, or has a beneficial interest in
2904-residential real property;
2905-(3) the names of:
2906-(A) the applicant and the applicant's spouse (if any):
2907-(i) as the names appear in the records of the United States
2908-Social Security Administration for the purposes of the
2909-issuance of a Social Security card and Social Security
2910-number; or
2911-(ii) that they use as their legal names when they sign their
2912-names on legal documents;
2913-if the applicant is an individual; or
2914-(B) each individual who qualifies property as a homestead
2915-under subsection (a)(2)(B) and the individual's spouse (if any):
2916-(i) as the names appear in the records of the United States
2917-HEA 1050 69
2918-Social Security Administration for the purposes of the
2919-issuance of a Social Security card and Social Security
2920-number; or
2921-(ii) that they use as their legal names when they sign their
2922-names on legal documents;
2923-if the applicant is not an individual; and
2924-(4) either:
2925-(A) the last five (5) digits of the applicant's Social Security
2926-number and the last five (5) digits of the Social Security
2927-number of the applicant's spouse (if any); or
2928-(B) if the applicant or the applicant's spouse (if any) does not
2929-have a Social Security number, any of the following for that
2930-individual:
2931-(i) The last five (5) digits of the individual's driver's license
2932-number.
2933-(ii) The last five (5) digits of the individual's state
2934-identification card number.
2935-(iii) The last five (5) digits of a preparer tax identification
2936-number that is obtained by the individual through the
2937-Internal Revenue Service of the United States.
2938-(iv) If the individual does not have a driver's license, a state
2939-identification card, or an Internal Revenue Service preparer
2940-tax identification number, the last five (5) digits of a control
2941-number that is on a document issued to the individual by the
2942-United States government.
2943-If a form or statement provided to the county auditor under this section,
2944-IC 6-1.1-22-8.1, or IC 6-1.1-22.5-12 includes the telephone number or
2945-part or all of the Social Security number of a party or other number
2946-described in subdivision (4)(B) of a party, the telephone number and
2947-the Social Security number or other number described in subdivision
2948-(4)(B) included are confidential. The statement may be filed in person
2949-or by mail. If the statement is mailed, the mailing must be postmarked
2950-on or before the last day for filing. The statement applies for that first
2951-year and any succeeding year for which the deduction is allowed. To
2952-obtain the deduction for a desired calendar year in which property
2953-taxes are first due and payable, the statement must be completed and
2954-dated in the immediately preceding calendar year and filed with the
2955-county auditor on or before January 5 of the calendar year in which
2956-the property taxes are first due and payable.
2957-(f) To obtain the deduction for a desired calendar year under this
2958-section in which property taxes are first due and payable, the
2959-individual desiring to claim the deduction must do the following as
2960-HEA 1050 70
2961-applicable:
2962-(1) Complete, date, and file the certified statement described in
2963-subsection (e) on or before January 15 of the calendar year in
2964-which the property taxes are first due and payable.
2965-(2) Satisfy any recording requirements on or before January 15
2966-of the calendar year in which the property taxes are first due and
2967-payable for a homestead described in subsection (a)(2).
2968-(f) (g) Except as provided in subsection (k), (l), if a person who is
2969-receiving, or seeks to receive, the deduction provided by this section in
2970-the person's name:
2971-(1) changes the use of the individual's property so that part or all
2972-of the property no longer qualifies for the deduction under this
2973-section; or
2974-(2) is not eligible for a deduction under this section because the
2975-person is already receiving:
2976-(A) a deduction under this section in the person's name as an
2977-individual or a spouse; or
2978-(B) a deduction under the law of another state that is
2979-equivalent to the deduction provided by this section;
2980-the person must file a certified statement with the auditor of the county,
2981-notifying the auditor of the person's ineligibility, not more than sixty
2982-(60) days after the date of the change in eligibility. A person who fails
2983-to file the statement required by this subsection may, under
2984-IC 6-1.1-36-17, be liable for any additional taxes that would have been
2985-due on the property if the person had filed the statement as required by
2986-this subsection plus a civil penalty equal to ten percent (10%) of the
2987-additional taxes due. The civil penalty imposed under this subsection
2988-is in addition to any interest and penalties for a delinquent payment that
2989-might otherwise be due. One percent (1%) of the total civil penalty
2990-collected under this subsection shall be transferred by the county to the
2991-department of local government finance for use by the department in
2992-establishing and maintaining the homestead property data base under
2993-subsection (i) (j) and, to the extent there is money remaining, for any
2994-other purposes of the department. This amount becomes part of the
2995-property tax liability for purposes of this article.
2996-(g) (h) The department of local government finance may adopt rules
2997-or guidelines concerning the application for a deduction under this
2998-section.
2999-(h) (i) This subsection does not apply to property in the first year for
3000-which a deduction is claimed under this section if the sole reason that
3001-a deduction is claimed on other property is that the individual or
3002-married couple maintained a principal residence at the other property
3003-HEA 1050 71
3004-on the assessment date in the same year in which an application for a
3005-deduction is filed under this section or, if the application is for a
3006-homestead that is assessed as personal property, on the assessment date
3007-in the immediately preceding year and the individual or married couple
3008-is moving the individual's or married couple's principal residence to the
3009-property that is the subject of the application. Except as provided in
3010-subsection (k), (l), the county auditor may not grant an individual or a
3011-married couple a deduction under this section if:
3012-(1) the individual or married couple, for the same year, claims the
3013-deduction on two (2) or more different applications for the
3014-deduction; and
3015-(2) the applications claim the deduction for different property.
3016-(i) (j) The department of local government finance shall provide
3017-secure access to county auditors to a homestead property data base that
3018-includes access to the homestead owner's name and the numbers
3019-required from the homestead owner under subsection (e)(4) for the sole
3020-purpose of verifying whether an owner is wrongly claiming a deduction
3021-under this chapter or a credit under IC 6-1.1-20.4, IC 6-1.1-20.6, or
3022-IC 6-3.6-5 (after December 31, 2016). Each county auditor shall submit
3023-data on deductions applicable to the current tax year on or before
3024-March 15 of each year in a manner prescribed by the department of
3025-local government finance.
3026-(j) (k) A county auditor may require an individual to provide
3027-evidence proving that the individual's residence is the individual's
3028-principal place of residence as claimed in the certified statement filed
3029-under subsection (e). The county auditor may limit the evidence that an
3030-individual is required to submit to a state income tax return, a valid
3031-driver's license, or a valid voter registration card showing that the
3032-residence for which the deduction is claimed is the individual's
3033-principal place of residence. The county auditor may not deny an
3034-application filed under section 44 of this chapter because the applicant
3035-does not have a valid driver's license or state identification card with
3036-the address of the homestead property. The department of local
3037-government finance shall work with county auditors to develop
3038-procedures to determine whether a property owner that is claiming a
3039-standard deduction or homestead credit is not eligible for the standard
3040-deduction or homestead credit because the property owner's principal
3041-place of residence is outside Indiana.
3042-(k) (l) A county auditor shall grant an individual a deduction under
3043-this section regardless of whether the individual and the individual's
3044-spouse claim a deduction on two (2) different applications and each
3045-application claims a deduction for different property if the property
3046-HEA 1050 72
3047-owned by the individual's spouse is located outside Indiana and the
3048-individual files an affidavit with the county auditor containing the
3049-following information:
3050-(1) The names of the county and state in which the individual's
3051-spouse claims a deduction substantially similar to the deduction
3052-allowed by this section.
3053-(2) A statement made under penalty of perjury that the following
3054-are true:
3055-(A) That the individual and the individual's spouse maintain
3056-separate principal places of residence.
3057-(B) That neither the individual nor the individual's spouse has
3058-an ownership interest in the other's principal place of
3059-residence.
3060-(C) That neither the individual nor the individual's spouse has,
3061-for that same year, claimed a standard or substantially similar
3062-deduction for any property other than the property maintained
3063-as a principal place of residence by the respective individuals.
3064-A county auditor may require an individual or an individual's spouse to
3065-provide evidence of the accuracy of the information contained in an
3066-affidavit submitted under this subsection. The evidence required of the
3067-individual or the individual's spouse may include state income tax
3068-returns, excise tax payment information, property tax payment
3069-information, driver driver's license information, and voter registration
3070-information.
3071-(l) (m) If:
3072-(1) a property owner files a statement under subsection (e) to
3073-claim the deduction provided by this section for a particular
3074-property; and
3075-(2) the county auditor receiving the filed statement determines
3076-that the property owner's property is not eligible for the deduction;
3077-the county auditor shall inform the property owner of the county
3078-auditor's determination in writing. If a property owner's property is not
3079-eligible for the deduction because the county auditor has determined
3080-that the property is not the property owner's principal place of
3081-residence, the property owner may appeal the county auditor's
3082-determination as provided in IC 6-1.1-15. The county auditor shall
3083-inform the property owner of the owner's right to appeal when the
3084-county auditor informs the property owner of the county auditor's
3085-determination under this subsection.
3086-(m) (n) An individual is entitled to the deduction under this section
3087-for a homestead for a particular assessment date if:
3088-(1) either:
3089-HEA 1050 73
3090-(A) the individual's interest in the homestead as described in
3091-subsection (a)(2)(B) is conveyed to the individual after the
3092-assessment date, but within the calendar year in which the
3093-assessment date occurs; or
3094-(B) the individual contracts to purchase the homestead after
3095-the assessment date, but within the calendar year in which the
3096-assessment date occurs;
3097-(2) on the assessment date:
3098-(A) the property on which the homestead is currently located
3099-was vacant land; or
3100-(B) the construction of the dwelling that constitutes the
3101-homestead was not completed; and
3102-(3) either:
3103-(A) the individual files the certified statement required by
3104-subsection (e); or
3105-(B) a sales disclosure form that meets the requirements of
3106-section 44 of this chapter is submitted to the county assessor
3107-on or before December 31 of the calendar year for the
3108-individual's purchase of the homestead.
3109-An individual who satisfies the requirements of subdivisions (1)
3110-through (3) is entitled to the deduction under this section for the
3111-homestead for the assessment date, even if on the assessment date the
3112-property on which the homestead is currently located was vacant land
3113-or the construction of the dwelling that constitutes the homestead was
3114-not completed. The county auditor shall apply the deduction for the
3115-assessment date and for the assessment date in any later year in which
3116-the homestead remains eligible for the deduction. A homestead that
3117-qualifies for the deduction under this section as provided in this
3118-subsection is considered a homestead for purposes of section 37.5 of
3119-this chapter and IC 6-1.1-20.6.
3120-(n) (o) This subsection applies to an application for the deduction
3121-provided by this section that is filed for an assessment date occurring
3122-after December 31, 2013. Notwithstanding any other provision of this
3123-section, an individual buying a mobile home that is not assessed as real
3124-property or a manufactured home that is not assessed as real property
3125-under a contract providing that the individual is to pay the property
3126-taxes on the mobile home or manufactured home is not entitled to the
3127-deduction provided by this section unless the parties to the contract
3128-comply with IC 9-17-6-17.
3129-(o) (p) This subsection:
3130-(1) applies to an application for the deduction provided by this
3131-section that is filed for an assessment date occurring after
3132-HEA 1050 74
3133-December 31, 2013; and
3134-(2) does not apply to an individual described in subsection (n).
3135-(o).
3136-The owner of a mobile home that is not assessed as real property or a
3137-manufactured home that is not assessed as real property must attach a
3138-copy of the owner's title to the mobile home or manufactured home to
3139-the application for the deduction provided by this section.
3140-(p) (q) For assessment dates after 2013, the term "homestead"
3141-includes property that is owned by an individual who:
3142-(1) is serving on active duty in any branch of the armed forces of
3143-the United States;
3144-(2) was ordered to transfer to a location outside Indiana; and
3145-(3) was otherwise eligible, without regard to this subsection, for
3146-the deduction under this section for the property for the
3147-assessment date immediately preceding the transfer date specified
3148-in the order described in subdivision (2).
3149-For property to qualify under this subsection for the deduction provided
3150-by this section, the individual described in subdivisions (1) through (3)
3151-must submit to the county auditor a copy of the individual's transfer
3152-orders or other information sufficient to show that the individual was
3153-ordered to transfer to a location outside Indiana. The property continues
3154-to qualify for the deduction provided by this section until the individual
3155-ceases to be on active duty, the property is sold, or the individual's
3156-ownership interest is otherwise terminated, whichever occurs first.
3157-Notwithstanding subsection (a)(2), the property remains a homestead
3158-regardless of whether the property continues to be the individual's
3159-principal place of residence after the individual transfers to a location
3160-outside Indiana. The property continues to qualify as a homestead
3161-under this subsection if the property is leased while the individual is
3162-away from Indiana and is serving on active duty, if the individual has
3163-lived at the property at any time during the past ten (10) years.
3164-Otherwise, the property ceases to qualify as a homestead under this
3165-subsection if the property is leased while the individual is away from
3166-Indiana. Property that qualifies as a homestead under this subsection
3167-shall also be construed as a homestead for purposes of section 37.5 of
3168-this chapter.
3169-(q) (r) As used in this section, "homestead" includes property that
3170-satisfies each of the following requirements:
3171-(1) The property is located in Indiana and consists of a dwelling
3172-and includes up to one (1) acre of land immediately surrounding
3173-that dwelling, and any of the following improvements:
3174-(A) Any number of decks, patios, gazebos, or pools.
3175-HEA 1050 75
3176-(B) One (1) additional building that is not part of the dwelling
3177-if the building is predominately used for a residential purpose
3178-and is not used as an investment property or as a rental
3179-property.
3180-(C) One (1) additional residential yard structure other than a
3181-deck, patio, gazebo, or pool.
3182-(2) The property is the principal place of residence of an
3183-individual.
3184-(3) The property is owned by an entity that is not described in
3185-subsection (a)(2)(B).
3186-(4) The individual residing on the property is a shareholder,
3187-partner, or member of the entity that owns the property.
3188-(5) The property was eligible for the standard deduction under
3189-this section on March 1, 2009.
3190-SECTION 80. IC 6-1.1-20-3.6, AS AMENDED BY P.L.136-2024,
3191-SECTION 25, AND AS AMENDED BY P.L.156-2024, SECTION 17,
3192-IS CORRECTED AND AMENDED TO READ AS FOLLOWS
3193-[EFFECTIVE JULY 1, 2025]: Sec. 3.6. (a) Except as provided in
3194-sections 3.7 and 3.8 of this chapter, this section applies only to a
3195-controlled project described in section 3.5(a) of this chapter.
3196-(b) In the case of a controlled project:
3197-(1) described in section 3.5(a)(1)(A) through 3.5(a)(1)(C) of this
3198-chapter, if a sufficient petition requesting the application of the
3199-local public question process has been filed as set forth in section
3200-3.5 of this chapter; or
3201-(2) described in section 3.5(a)(1)(D) 3.5(a)(1)(E) of this chapter
3202-(before its expiration);
3203-a political subdivision may not impose property taxes to pay debt
3204-service on bonds or lease rentals on a lease for a controlled project
3205-unless the political subdivision's proposed debt service or lease rental
3206-is approved in an election on a local public question held under this
3207-section.
3208-(c) Except as provided in subsection (k), the following question
3209-shall be submitted to the eligible voters at the election conducted under
3210-this section:
3211-"Shall ________ (insert the name of the political subdivision)
3212-increase property taxes paid to the _______ (insert the type of
3213-taxing unit) by homeowners and businesses? If this public
3214-question is approved by the voters, the average property tax paid
3215-to the _______ (insert the type of taxing unit) per year on a
3216-residence would increase by ______% (insert the estimated
3217-average percentage of property tax increase paid to the political
3218-HEA 1050 76
3219-subdivision on a residence within the political subdivision as
3220-determined under subsection (n)) and the average property tax
3221-paid to the _____ (insert the type of taxing unit) per year on a
3222-business property would increase by ______% (insert the
3223-estimated average percentage of property tax increase paid to the
3224-political subdivision on a business property within the political
3225-subdivision as determined under subsection (o)). The political
3226-subdivision may issue bonds or enter into a lease to ________
3227-(insert a brief description of the controlled project), which is
3228-estimated to cost _______ (insert the total cost of the project)
3229-over ______ (insert number of years to bond maturity or
3230-termination of lease) years. The most recent property tax
3231-referendum within the boundaries of the political subdivision for
3232-which this public question is being considered was proposed by
3233-________ (insert name of political subdivision) in ______ (insert
3234-year of most recent property tax referendum) and ________
3235-(insert whether the measure passed or failed).".
3236-The public question must appear on the ballot in the form approved by
3237-the county election board. If the political subdivision proposing to issue
3238-bonds or enter into a lease is located in more than one (1) county, the
3239-county election board of each county shall jointly approve the form of
3240-the public question that will appear on the ballot in each county. The
3241-form approved by the county election board may differ from the
3242-language certified to the county election board by the county auditor.
3243-If the county election board approves the language of a public question
3244-under this subsection, the county election board shall submit the
3245-language and the certification of the county auditor described in
3246-subsection (p) to the department of local government finance for
3247-review.
3248-(d) The department of local government finance shall review the
3249-language of the public question to evaluate whether the description of
3250-the controlled project is accurate and is not biased against either a vote
3251-in favor of the controlled project or a vote against the controlled
3252-project. The department of local government finance shall post the
3253-estimated average percentage of property tax increases to be paid to a
3254-political subdivision on a residence and business property that are
3255-certified by the county auditor under subsection (p) on the department's
3256-Internet web site. website. The department of local government finance
3257-may either approve the ballot language as submitted or recommend that
3258-the ballot language be modified as necessary to ensure that the
3259-description of the controlled project is accurate and is not biased. The
3260-department of local government finance shall certify its approval or
3261-HEA 1050 77
3262-recommendations to the county auditor and the county election board
3263-not more than ten (10) days after both the certification of the county
3264-auditor described in subsection (p) and the language of the public
3265-question is are submitted to the department for review. If the
3266-department of local government finance recommends a modification to
3267-the ballot language, the county election board shall, after reviewing the
3268-recommendations of the department of local government finance,
3269-submit modified ballot language to the department for the department's
3270-approval or recommendation of any additional modifications. The
3271-public question may not be certified by the county auditor under
3272-subsection (e) unless the department of local government finance has
3273-first certified the department's final approval of the ballot language for
3274-the public question.
3275-(e) The county auditor shall certify the finally approved public
3276-question under IC 3-10-9-3 to the county election board of each county
3277-in which the political subdivision is located. The certification must
3278-occur not later than noon:
3279-(1) seventy-four (74) days before a primary election if the public
3280-question is to be placed on the primary or municipal primary
3281-election ballot; or
3282-(2) August 1 if the public question is to be placed on the general
3283-or municipal election ballot.
3284-Subject to the certification requirements and deadlines under this
3285-subsection and except as provided in subsection (j), the public question
3286-shall be placed on the ballot at the next primary election, general
3287-election, or municipal election in which all voters of the political
3288-subdivision are entitled to vote. However, if a primary election, general
3289-election, or municipal election will not be held during the first year in
3290-which the public question is eligible to be placed on the ballot under
3291-this section and if the political subdivision requests the public question
3292-to be placed on the ballot at a special election, the public question shall
3293-be placed on the ballot at a special election to be held on the first
3294-Tuesday after the first Monday in May or November of the year. The
3295-certification must occur not later than noon seventy-four (74) days
3296-before a special election to be held in May (if the special election is to
3297-be held in May) or noon on August 1 (if the special election is to be
3298-held in November). The fiscal body of the political subdivision that
3299-requests the special election shall pay the costs of holding the special
3300-election. The county election board shall give notice under IC 5-3-1 of
3301-a special election conducted under this subsection. A special election
3302-conducted under this subsection is under the direction of the county
3303-election board. The county election board shall take all steps necessary
3304-HEA 1050 78
3305-to carry out the special election.
3306-(f) The circuit court clerk shall certify the results of the public
3307-question to the following:
3308-(1) The county auditor of each county in which the political
3309-subdivision is located.
3310-(2) The department of local government finance.
3311-(g) Subject to the requirements of IC 6-1.1-18.5-8, the political
3312-subdivision may issue the proposed bonds or enter into the proposed
3313-lease rental if a majority of the eligible voters voting on the public
3314-question vote in favor of the public question.
3315-(h) If a majority of the eligible voters voting on the public question
3316-vote in opposition to the public question, both of the following apply:
3317-(1) The political subdivision may not issue the proposed bonds or
3318-enter into the proposed lease rental.
3319-(2) Another public question under this section on the same or a
3320-substantially similar project may not be submitted to the voters
3321-earlier than:
3322-(A) except as provided in clause (B), seven hundred (700)
3323-days after the date of the public question; or
3324-(B) three hundred fifty (350) days after the date of the election,
3325-if a petition that meets the requirements of subsection (m) is
3326-submitted to the county auditor.
3327-(i) IC 3, to the extent not inconsistent with this section, applies to an
3328-election held under this section.
3329-(j) A political subdivision may not divide a controlled project in
3330-order to avoid the requirements of this section and section 3.5 of this
3331-chapter. A person that owns property within a political subdivision or
3332-a person that is a registered voter residing within a political subdivision
3333-may file a petition with the department of local government finance
3334-objecting that the political subdivision has divided a controlled project
3335-into two (2) or more capital projects in order to avoid the requirements
3336-of this section and section 3.5 of this chapter. The petition must be filed
3337-not more than ten (10) days after the political subdivision gives notice
3338-of the political subdivision's decision under section 3.5 of this chapter
3339-or a determination under section 5 of this chapter to issue bonds or
3340-enter into leases for a capital project that the person believes is the
3341-result of a division of a controlled project that is prohibited by this
3342-subsection. If the department of local government finance receives a
3343-petition under this subsection, the department shall not later than thirty
3344-(30) days after receiving the petition make a final determination on the
3345-issue of whether the political subdivision divided a controlled project
3346-in order to avoid the requirements of this section and section 3.5 of this
3347-HEA 1050 79
3348-chapter. If the department of local government finance determines that
3349-a political subdivision divided a controlled project in order to avoid the
3350-requirements of this section and section 3.5 of this chapter and the
3351-political subdivision continues to desire to proceed with the project, the
3352-political subdivision may appeal the determination of the department
3353-of local government finance to the Indiana board of tax review. A
3354-political subdivision shall be considered to have divided a capital
3355-project in order to avoid the requirements of this section and section
3356-3.5 of this chapter if the result of one (1) or more of the subprojects
3357-cannot reasonably be considered an independently desirable end in
3358-itself without reference to another capital project. This subsection does
3359-not prohibit a political subdivision from undertaking a series of capital
3360-projects in which the result of each capital project can reasonably be
3361-considered an independently desirable end in itself without reference
3362-to another capital project.
3363-(k) This subsection applies to a political subdivision for which a
3364-petition requesting a public question has been submitted under section
3365-3.5 of this chapter. The legislative body (as defined in IC 36-1-2-9) of
3366-the political subdivision may adopt a resolution to withdraw a
3367-controlled project from consideration in a public question. If the
3368-legislative body provides a certified copy of the resolution to the county
3369-auditor and the county election board not later than sixty-three (63)
3370-days before the election at which the public question would be on the
3371-ballot, the public question on the controlled project shall not be placed
3372-on the ballot and the public question on the controlled project shall not
3373-be held, regardless of whether the county auditor has certified the
3374-public question to the county election board. If the withdrawal of a
3375-public question under this subsection requires the county election
3376-board to reprint ballots, the political subdivision withdrawing the
3377-public question shall pay the costs of reprinting the ballots. If a political
3378-subdivision withdraws a public question under this subsection that
3379-would have been held at a special election and the county election
3380-board has printed the ballots before the legislative body of the political
3381-subdivision provides a certified copy of the withdrawal resolution to
3382-the county auditor and the county election board, the political
3383-subdivision withdrawing the public question shall pay the costs
3384-incurred by the county in printing the ballots. If a public question on a
3385-controlled project is withdrawn under this subsection, a public question
3386-under this section on the same controlled project or a substantially
3387-similar controlled project may not be submitted to the voters earlier
3388-than three hundred fifty (350) days after the date the resolution
3389-withdrawing the public question is adopted.
3390-HEA 1050 80
3391-(l) If a public question regarding a controlled project is placed on
3392-the ballot to be voted on at an election under this section, the political
3393-subdivision shall submit to the department of local government finance,
3394-at least thirty (30) days before the election, the following information
3395-regarding the proposed controlled project for posting on the
3396-department's Internet web site: website:
3397-(1) The cost per square foot of any buildings being constructed as
3398-part of the controlled project.
3399-(2) The effect that approval of the controlled project would have
3400-on the political subdivision's property tax rate.
3401-(3) The maximum term of the bonds or lease.
3402-(4) The maximum principal amount of the bonds or the maximum
3403-lease rental for the lease.
3404-(5) The estimated interest rates that will be paid and the total
3405-interest costs associated with the bonds or lease.
3406-(6) The purpose of the bonds or lease.
3407-(7) In the case of a controlled project proposed by a school
3408-corporation:
3409-(A) the current and proposed square footage of school building
3410-space per student;
3411-(B) enrollment patterns within the school corporation; and
3412-(C) the age and condition of the current school facilities.
3413-(m) If a majority of the eligible voters voting on the public question
3414-vote in opposition to the public question, a petition may be submitted
3415-to the county auditor to request that the limit under subsection
3416-(h)(2)(B) apply to the holding of a subsequent public question by the
3417-political subdivision. If such a petition is submitted to the county
3418-auditor and is signed by the lesser of:
3419-(1) five hundred (500) persons who are either owners of property
3420-within the political subdivision or registered voters residing
3421-within the political subdivision; or
3422-(2) five percent (5%) of the registered voters residing within the
3423-political subdivision;
3424-the limit under subsection (h)(2)(B) applies to the holding of a second
3425-public question by the political subdivision and the limit under
3426-subsection (h)(2)(A) does not apply to the holding of a second public
3427-question by the political subdivision.
3428-(n) At the request of a political subdivision that proposes to impose
3429-property taxes to pay debt service on bonds or lease rentals on a lease
3430-for a controlled project, the county auditor of a county in which the
3431-political subdivision is located shall determine the estimated average
3432-percentage of property tax increase on a homestead to be paid to the
3433-HEA 1050 81
3434-political subdivision that must be included in the public question under
3435-subsection (c) as follows:
3436-STEP ONE: Determine the average assessed value of a homestead
3437-located within the political subdivision.
3438-STEP TWO: For purposes of determining the net assessed value
3439-of the average homestead located within the political subdivision,
3440-subtract:
3441-(A) an amount for the homestead standard deduction under
3442-IC 6-1.1-12-37 as if the homestead described in STEP ONE
3443-was eligible for the deduction; and
3444-(B) an amount for the supplemental homestead deduction
3445-under IC 6-1.1-12-37.5 as if the homestead described in STEP
3446-ONE was eligible for the deduction;
3447-from the result of STEP ONE.
3448-STEP THREE: Divide the result of STEP TWO by one hundred
3449-(100).
3450-STEP FOUR: Determine the overall average tax rate per one
3451-hundred dollars ($100) of assessed valuation for the current year
3452-imposed on property located within the political subdivision.
3453-STEP FIVE: For purposes of determining net property tax liability
3454-of the average homestead located within the political subdivision:
3455-(A) multiply the result of STEP THREE by the result of STEP
3456-FOUR; and
3457-(B) as appropriate, apply any currently applicable county
3458-property tax credit rates and the credit for excessive property
3459-taxes under IC 6-1.1-20.6-7.5(a)(1).
3460-STEP SIX: Determine the amount of the political subdivision's
3461-part of the result determined in STEP FIVE.
3462-STEP SEVEN: Determine the estimated tax rate that will be
3463-imposed if the public question is approved by the voters.
3464-STEP EIGHT: Multiply the result of STEP SEVEN by the result
3465-of STEP THREE.
3466-STEP NINE: Divide the result of STEP EIGHT by the result of
3467-STEP SIX, expressed as a percentage.
3468-(o) At the request of a political subdivision that proposes to impose
3469-property taxes to pay debt service on bonds or lease rentals on a lease
3470-for a controlled project, the county auditor of a county in which the
3471-political subdivision is located shall determine the estimated average
3472-percentage of property tax increase on a business property to be paid
3473-to the political subdivision that must be included in the public question
3474-under subsection (c) as follows:
3475-STEP ONE: Determine the average assessed value of business
3476-HEA 1050 82
3477-property located within the political subdivision.
3478-STEP TWO: Divide the result of STEP ONE by one hundred
3479-(100).
3480-STEP THREE: Determine the overall average tax rate per one
3481-hundred dollars ($100) of assessed valuation for the current year
3482-imposed on property located within the political subdivision.
3483-STEP FOUR: For purposes of determining net property tax
3484-liability of the average business property located within the
3485-political subdivision:
3486-(A) multiply the result of STEP TWO by the result of STEP
3487-THREE; and
3488-(B) as appropriate, apply any currently applicable county
3489-property tax credit rates and the credit for excessive property
3490-taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
3491-was three percent (3%).
3492-STEP FIVE: Determine the amount of the political subdivision's
3493-part of the result determined in STEP FOUR.
3494-STEP SIX: Determine the estimated tax rate that will be imposed
3495-if the public question is approved by the voters.
3496-STEP SEVEN: Multiply the result of STEP TWO by the result of
3497-STEP SIX.
3498-STEP EIGHT: Divide the result of STEP SEVEN by the result of
3499-STEP FIVE, expressed as a percentage.
3500-(p) The county auditor shall certify the estimated average
3501-percentage of property tax increase on a homestead to be paid to the
3502-political subdivision determined under subsection (n), and the
3503-estimated average percentage of property tax increase on a business
3504-property to be paid to the political subdivision determined under
3505-subsection (o), in a manner prescribed by the department of local
3506-government finance, and provide the certification to the political
3507-subdivision that proposes to impose property taxes. The political
3508-subdivision shall provide the certification to the county election board
3509-and include the estimated average percentages in the language of the
3510-public question at the time the language of the public question is
3511-submitted to the county election board for approval as described in
3512-subsection (c).
3513-SECTION 81. IC 6-1.1-20-10, AS AMENDED BY P.L.60-2020,
3514-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3515-JULY 1, 2025]: Sec. 10. (a) This section applies to:
3516-(1) a political subdivision that adopts an ordinance or a resolution
3517-making a preliminary determination to issue bonds or enter into
3518-a lease; and
3519-HEA 1050 83
3520-(2) any other political subdivision that has assessed value within
3521-the same taxing district as the political subdivision described in
3522-subdivision (1).
3523-(b) Except as otherwise provided in this section, during the period
3524-commencing with the adoption of the ordinance or resolution and, if a
3525-petition and remonstrance process is commenced under section 3.2 of
3526-this chapter, continuing through the sixty (60) day period commencing
3527-with the notice under section 3.2(b)(1) of this chapter, the political
3528-subdivision seeking to issue bonds or enter into a lease for the proposed
3529-controlled project, or any other political subdivision that has assessed
3530-value within the same taxing district, may not promote a position on the
3531-petition or remonstrance by doing any of the following:
3532-(1) Using facilities or equipment, including mail and messaging
3533-systems, owned by the political subdivision to promote a position
3534-on the petition or remonstrance, unless equal access to the
3535-facilities or equipment is given to persons with a position opposite
3536-to that of the political subdivision.
3537-(2) Making an expenditure of money from a fund controlled by
3538-the political subdivision to promote a position on the petition or
3539-remonstrance or to pay for the gathering of signatures on a
3540-petition or remonstrance. This subdivision does not prohibit a
3541-political subdivision from making an expenditure of money to an
3542-attorney, an architect, a registered professional engineer, a
3543-construction manager, or a financial adviser for professional
3544-services provided with respect to a controlled project.
3545-(3) Using an employee to promote a position on the petition or
3546-remonstrance during the employee's normal working hours or paid
3547-overtime, or otherwise compelling an employee to promote a
3548-position on the petition or remonstrance at any time. However, if
3549-a person described in subsection (f) (g) is advocating for or
3550-against a position on the petition or remonstrance or discussing
3551-the petition or remonstrance as authorized under subsection (f),
3552-(g), an employee of the political subdivision may assist the person
3553-in presenting information on the petition or remonstrance, if
3554-requested to do so by the person described in subsection (f). (g).
3555-(4) In the case of a school corporation, promoting a position on a
3556-petition or remonstrance by:
3557-(A) using students to transport written materials to their
3558-residences or in any way involving students in a school
3559-organized promotion of a position;
3560-(B) including a statement within another communication sent
3561-to the students' residences; or
3562-HEA 1050 84
3563-(C) initiating discussion of the petition and remonstrance
3564-process at a meeting between a teacher and parents of a
3565-student regarding the student's performance or behavior at
3566-school. However, if the parents initiate a discussion of the
3567-petition and remonstrance process at the meeting, the teacher
3568-may acknowledge the issue and direct the parents to a source
3569-of factual information on the petition and remonstrance
3570-process.
3571-However, this section does not prohibit an official or employee of the
3572-political subdivision from carrying out duties with respect to a petition
3573-or remonstrance that are part of the normal and regular conduct of the
3574-official's or employee's office or agency, including the furnishing of
3575-factual information regarding the petition and remonstrance in response
3576-to inquiries from any person.
3577-(b) (c) A person may not solicit or collect signatures for a petition
3578-or remonstrance on property owned or controlled by the political
3579-subdivision.
3580-(c) (d) The staff and employees of a school corporation may not
3581-personally identify a student as the child of a parent or guardian who
3582-supports or opposes a petition or remonstrance.
3583-(d) (e) This subsection does not apply to:
3584-(1) a personal expenditure to promote a position on a petition and
3585-remonstrance by an employee of a school corporation whose
3586-employment is governed by a collective bargaining contract or an
3587-employment contract; or
3588-(2) an expenditure to promote a position on a petition and
3589-remonstrance by a person or an organization that has a contract or
3590-an arrangement with the school corporation solely for the use of
3591-the school corporation's facilities.
3592-A person or an organization that has a contract or an arrangement
3593-(whether formal or informal) with a school corporation to provide
3594-goods or services to the school corporation may not spend any money
3595-to promote a position on the petition or remonstrance. A person or an
3596-organization that violates this subsection commits a Class A infraction.
3597-(e) (f) An attorney, an architect, a registered professional engineer,
3598-a construction manager, or a financial adviser for professional services
3599-provided with respect to a controlled project may not spend any money
3600-to promote a position on the petition or remonstrance. A person who
3601-violates this subsection:
3602-(1) commits a Class A infraction; and
3603-(2) is barred from performing any services with respect to the
3604-controlled project.
3605-HEA 1050 85
3606-(f) (g) Notwithstanding any other law, an elected or appointed
3607-public official of the political subdivision (including any school board
3608-member and school corporation superintendent), a school corporation
3609-assistant superintendent, or a chief school business official of a school
3610-corporation may at any time:
3611-(1) personally advocate for or against a position on the petition or
3612-remonstrance; or
3613-(2) discuss the petition or remonstrance with any individual,
3614-group, or organization or personally advocate for or against a
3615-position on the petition or remonstrance before any individual,
3616-group, or organization;
3617-so long as it is not done by using public funds. Advocacy or discussion
3618-allowed under this subsection is not considered a use of public funds.
3619-However, this subsection does not authorize or apply to advocacy or
3620-discussion by a school board member, superintendent, assistant
3621-superintendent, or school business official to or with students that
3622-occurs during the regular school day.
3623-(g) (h) Nothing in this section shall be construed to prevent a
3624-political subdivision that has assessed value within the same taxing
3625-district as the political subdivision described in subsection (a) from
3626-adopting a resolution or taking a position on the local public question.
3627-SECTION 82. IC 6-1.1-20.6-11, AS AMENDED BY P.L.137-2012,
3628-SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3629-JULY 1, 2025]: Sec. 11. The department of local government finance
3630-shall annually publish a report on its Internet web site website that lists
3631-the amount that each taxing unit's distribution of property taxes will be
3632-reduced under section 9.5 of this chapter as a result of the granting of
3633-the credits.
3634-SECTION 83. IC 6-1.1-23.5-11, AS ADDED BY P.L.235-2017,
3635-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3636-JULY 1, 2025]: Sec. 11. (a) This section applies to a request for
3637-information in an alternative form under this chapter in those
3638-circumstances in which a county treasurer may omit descriptions of
3639-mobile homes from a published notice of sale under this chapter if the
3640-county treasurer makes the information available on the Internet web
3641-site website of the county government or the county government's
3642-contractor and in an alternative form upon request.
3643-(b) A person who requests information in an alternative form
3644-concerning descriptions of mobile homes to which this section applies
3645-may specify whether the person prefers to receive the information in an
3646-electronic format, on a digital storage medium, or in printed form. A
3647-county treasurer who has a duty under this chapter to make the
3648-HEA 1050 86
3649-information available in an alternative form upon request shall furnish
3650-the information in the alternative form specified by the requesting
3651-person.
3652-SECTION 84. IC 6-1.1-24-1.5, AS AMENDED BY P.L.99-2018,
3653-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3654-JULY 1, 2025]: Sec. 1.5. (a) If:
3655-(1) any property taxes or special assessments from the prior year's
3656-fall installment or before are delinquent on real property as
3657-determined under IC 6-1.1-37-10; and
3658-(2) an order from a court or a determination of a hearing authority
3659-has been obtained under IC 36-7-37 that the real property is
3660-vacant or abandoned;
3661-the executive of the county, city, or town may, after providing either the
3662-notice required by IC 36-7-37 or section 2.3 of this chapter, certify a
3663-list of vacant or abandoned property to the county auditor and attach
3664-copies of any orders for necessary repairs for any properties on the list.
3665-This list and the attached copies of orders for necessary repairs must be
3666-delivered to the county auditor not later than fifty-one (51) days after
3667-the first tax payment due date each calendar year.
3668-(b) Upon receiving lists described in subsection (a), the county
3669-auditor shall do all the following:
3670-(1) Prepare a combined list of the properties certified by the
3671-executive of the county, city, or town.
3672-(2) Delete any property described in that list from the delinquent
3673-tax list prepared under section 1 of this chapter.
3674-(3) Provide public notice of the sale of the properties under
3675-subsection (c) at least thirty (30) days before the date of the sale,
3676-which shall be published in accordance with IC 5-3-1, and post a
3677-copy of the notice at a public place of posting in the county
3678-courthouse or in another public county building at least
3679-twenty-one (21) days before the date of sale.
3680-(4) Certify to the county treasurer that the real property is to be
3681-sold at auction under this chapter as required by section 5(h) of
3682-this chapter.
3683-(5) Issue a deed to the real property that conveys a fee simple
3684-interest to the highest bidder as long as the bid is at least the
3685-minimum bid specified in this section.
3686-The minimum bid for a property at the auction under this section is the
3687-proportionate share of the actual costs incurred by the county in
3688-conducting the sale. Any amount collected from the sale of all
3689-properties under this section above the total minimum bids shall first
3690-be used to pay the costs of the county, city, or town that certified the
3691-HEA 1050 87
3692-property vacant or abandoned for title search and court proceedings.
3693-Any amount remaining from the sale shall be certified by the county
3694-treasurer to the county auditor for distribution to other taxing units
3695-during settlement.
3696-(c) Notice of the sale under this section must contain the following:
3697-(1) A list of real property eligible for sale under this chapter.
3698-(2) A statement that:
3699-(A) the real property included in the list will be sold at public
3700-auction to the highest bidder;
3701-(B) the county auditor will issue a deed to the real property
3702-that conveys a fee simple interest to the highest bidder that
3703-bids at least the minimum bid; and
3704-(C) the owner will have no right to redeem the real property
3705-after the date of the sale.
3706-A deed issued under this subdivision to the highest bidder
3707-conveys the same fee simple interest in the real property as a deed
3708-issued under IC 6-1.1-25.
3709-(3) A statement that the real property will not be sold for less than
3710-an amount equal to actual proportionate costs incurred by the
3711-county that are directly attributable to the abandoned property
3712-sale.
3713-(4) A statement for informational purposes only, describing for
3714-each item of real property on the list:
3715-(A) the location of the item of real property by key number, if
3716-any, and street address, if any, or a common description of the
3717-property other than a legal description;
3718-(B) whether there are one (1) or more orders to make
3719-necessary repairs on the real property; and
3720-(C) where information can be found regarding the orders to
3721-make necessary repairs for the real property, if any.
3722-The township assessor, or the county assessor if there is no
3723-township assessor for the township, upon written request from the
3724-county auditor, shall provide the information to be in the notice
3725-required by this subsection. A misstatement in the key number or
3726-street address does not invalidate an otherwise valid sale.
3727-(5) A statement that the county does not warrant the accuracy of
3728-the street address or common description of the property.
3729-(6) A statement that the sale will be conducted at a place
3730-designated in the notice and that the sale will continue until all
3731-real property has been offered for sale.
3732-(7) A statement that the sale will take place at the times and dates
3733-designated in the notice.
3734-HEA 1050 88
3735-Whenever the public auction is to be conducted as an electronic sale,
3736-the notice must include a statement indicating that the public auction
3737-will be conducted as an electronic sale and a description of the
3738-procedures that must be followed to participate in the electronic sale.
3739-(d) For properties that are not sold when initially offered for sale
3740-under this section, the county auditor may omit from the notice the
3741-descriptions of the tracts or items of real property specified in
3742-subsection (c)(1) and (c)(4) for those properties that are to be offered
3743-again at subsequent sales under this section if:
3744-(1) the county auditor includes in the notice a statement that
3745-descriptions of those tracts or items of real property are available
3746-on the Internet web site website of the county government or the
3747-county government's contractor and the information may be
3748-obtained in an alternative form from the county auditor upon
3749-request; and
3750-(2) the descriptions of those tracts or items of real property
3751-eligible for sale a second or subsequent time under this section are
3752-made available on the Internet web site website of the county
3753-government or the county government's contractor and may be
3754-obtained from the county auditor in an alternative form upon
3755-request in accordance with section 3.4 of this chapter.
3756-SECTION 85. IC 6-1.1-24-3.4, AS ADDED BY P.L.187-2016,
3757-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3758-JULY 1, 2025]: Sec. 3.4. (a) This section applies to a request for
3759-information in an alternative form under this chapter in those
3760-circumstances in which a county auditor or county executive may omit
3761-descriptions of tracts or items of real property from a published notice
3762-of sale or other transfer under this chapter if the county auditor or
3763-county executive, as applicable, makes the information available on the
3764-Internet web site website of the county government or the county
3765-government's contractor and in an alternative form upon request.
3766-(b) A person who requests information in an alternative form
3767-concerning descriptions of tracts or items of real property to which this
3768-section applies may specify whether the person prefers to receive the
3769-information in an electronic format, on a digital storage medium, or in
3770-printed form. A county auditor or county executive, as applicable, who
3771-has a duty under this chapter to make the information available in an
3772-alternative form upon request shall furnish the information in the
3773-alternative form specified by the requesting person. The department of
3774-local government finance shall prescribe the allowable file formats
3775-when the information is requested in an electronic format or on a
3776-digital storage medium.
3777-HEA 1050 89
3778-SECTION 86. IC 6-1.1-24-4.5, AS AMENDED BY P.L.203-2013,
3779-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3780-JULY 1, 2025]: Sec. 4.5. (a) The county auditor shall also provide
3781-those agencies under IC 36-7-17 or IC 36-7-17.1, in that county, with
3782-a list of tracts or items of real property on which one (1) or more
3783-installments of taxes is delinquent by June 15 of the year following the
3784-date the delinquency occurred.
3785-(b) This subsection applies to a county having a consolidated city.
3786-The county auditor shall prepare a list of tracts or items of real
3787-properties for which at least one (1) installment of taxes is delinquent
3788-at least ten (10) months. The auditor shall submit a copy of this list to
3789-the metropolitan development commission not later than one hundred
3790-six (106) days before the date on which application for judgment and
3791-order for sale is made.
3792-(c) This subsection applies to a county not having a consolidated
3793-city. The county auditor shall prepare a list of tracts or items of real
3794-property located in the county for which the fall installment of taxes for
3795-the most recent previous year is delinquent. The auditor shall submit
3796-a copy of the list prepared under this subsection to each city or town
3797-within the county or make the list available on the county's Internet
3798-web site website not later than one hundred six (106) days before the
3799-date on which application for judgment and order for sale is made.
3800-SECTION 87. IC 6-1.1-24-6, AS AMENDED BY P.L.251-2015,
3801-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3802-JULY 1, 2025]: Sec. 6. (a) When a tract or an item of real property is
3803-offered for sale under this chapter and an amount is not received equal
3804-to or in excess of the minimum sale price prescribed in section 5 of this
3805-chapter, the county executive acquires a lien in the amount of the
3806-minimum sale price. This lien attaches on the day on which the tract or
3807-item was offered for sale.
3808-(b) When a county executive acquires a lien under this section, the
3809-county auditor shall issue a tax sale certificate to the county executive
3810-in the manner provided in section 9 of this chapter. The county auditor
3811-shall date the certificate the day that the county executive acquires the
3812-lien. When a county executive acquires a certificate under this section,
3813-the county executive has the same rights as a purchaser.
3814-(c) When a lien is acquired by a county executive under this section,
3815-no money shall be paid by the county executive. However, each of the
3816-taxing units having an interest in the taxes on the tract shall be charged
3817-with the full amount of all delinquent taxes due them.
3818-(d) Whenever a county executive acquires a lien under this section,
3819-the county auditor shall provide a list of the liens held by the county to
3820-HEA 1050 90
3821-the executive of a city or town who requests the list or post the list on
3822-the county's Internet web site website not later than thirty (30) days
3823-after the tax sale.
3824-SECTION 88. IC 6-1.1-24-6.7, AS AMENDED BY P.L.187-2016,
3825-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3826-JULY 1, 2025]: Sec. 6.7. (a) For purposes of this section, in a county
3827-containing a consolidated city "county executive" refers to the board of
3828-commissioners of the county as provided in IC 36-3-3-10.
3829-(b) A county executive may transfer to a nonprofit entity:
3830-(1) property under this section; or
3831-(2) a tax sale certificate under section 17 of this chapter.
3832-(c) As used in this section, "nonprofit entity" means an organization
3833-exempt from federal income taxation under 26 U.S.C. 501(c)(3).
3834-(d) The county executive may:
3835-(1) by resolution, identify the property described under section 6
3836-of this chapter that the county executive desires to transfer to
3837-nonprofit entities for use for the public good; and
3838-(2) set a date, time, and place for a public hearing to consider the
3839-transfer of the property to nonprofit entities.
3840-(e) Except as otherwise provided in subsection (f), notice of the
3841-property identified under subsection (d) and the date, time, and place
3842-for the hearing on the proposed transfer of the property on the list shall
3843-be published in accordance with IC 5-3-1. The notice must include a
3844-description of the property by:
3845-(1) legal description; and
3846-(2) parcel number or street address, or both.
3847-The notice must specify that the county executive will accept
3848-applications submitted by nonprofit entities as provided in subsection
3849-(h) and hear any opposition to a proposed transfer.
3850-(f) For properties or tax sale certificates that are not transferred
3851-when initially identified for transfer under this section, the county
3852-executive may omit from the notice the descriptions of the properties
3853-identified under subsection (d) if:
3854-(1) the county executive includes in the notice a statement that
3855-descriptions of those tracts or items of real property are available
3856-on the Internet web site website of the county government or the
3857-county government's contractor and the information may be
3858-obtained in an alternative form from the county executive upon
3859-request; and
3860-(2) the descriptions of those tracts or items of real property
3861-eligible for transfer under this section are made available on the
3862-Internet web site website of the county government or the county
3863-HEA 1050 91
3864-government's contractor and may be obtained from the county
3865-executive in an alternative form upon request in accordance with
3866-section 3.4 of this chapter.
3867-(g) After the hearing set under subsection (d), the county executive
3868-shall by resolution make a final determination concerning:
3869-(1) the properties that are to be transferred to a nonprofit entity;
3870-(2) the nonprofit entity to which each property is to be transferred;
3871-and
3872-(3) the terms and conditions of the transfer.
3873-(h) To be eligible to receive property under this section, a nonprofit
3874-entity must file an application with the county executive. The
3875-application must state the property that the nonprofit entity desires to
3876-acquire, the use to be made of the property, and the time period
3877-anticipated for implementation of the use. The application must be
3878-accompanied by documentation verifying the nonprofit status of the
3879-entity and be signed by an officer of the nonprofit entity. If more than
3880-one (1) application for a single property is filed, the county executive
3881-shall determine which application is to be accepted based on the
3882-benefit to be provided to the public and the neighborhood and the
3883-suitability of the stated use for the property and the surrounding area.
3884-(i) After the hearing set under subsection (d) and the final
3885-determination of properties to be transferred under subsection (g), the
3886-county executive, on behalf of the county, shall cause all delinquent
3887-taxes, special assessments, penalties, interest, and costs of sale to be
3888-removed from the tax duplicate and the nonprofit entity is entitled to a
3889-tax deed prepared by the county auditor, if the conditions of
3890-IC 6-1.1-25-4.5 and IC 6-1.1-25-4.6 are satisfied. The deed shall
3891-provide for:
3892-(1) the use to be made of the property;
3893-(2) the time within which the use must be implemented and
3894-maintained;
3895-(3) any other terms and conditions that are established by the
3896-county executive; and
3897-(4) the reversion of the property to the county executive if the
3898-grantee nonprofit entity fails to comply with the terms and
3899-conditions.
3900-If the grantee nonprofit entity fails to comply with the terms and
3901-conditions of the transfer and title to the property reverts to the county
3902-executive, the property may be retained by the county executive or
3903-disposed of under any of the provisions of this chapter or IC 6-1.1-25,
3904-or both.
3905-SECTION 89. IC 6-1.1-24-6.9, AS AMENDED BY P.L.187-2016,
3906-HEA 1050 92
3907-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3908-JULY 1, 2025]: Sec. 6.9. (a) For purposes of this section, in a county
3909-having a consolidated city, "county executive" refers to the board of
3910-commissioners of the county as provided in IC 36-3-3-10.
3911-(b) The county executive may:
3912-(1) by resolution, identify the property described in section 6 of
3913-this chapter that the county executive desires to transfer to a
3914-person able to satisfactorily repair and maintain the property, if
3915-repair and maintenance of the property are in the public interest;
3916-and
3917-(2) set a date, time, and place for a public hearing to consider the
3918-transfer of the property.
3919-(c) Notice of the property identified under subsection (b) and the
3920-date, time, and place for the hearing on the proposed transfer of the
3921-property shall be published in accordance with IC 5-3-1. The notice
3922-must include a description of the property by:
3923-(1) legal description; and
3924-(2) parcel number or street address, or both.
3925-The notice must specify that the county executive will accept
3926-applications submitted by persons able to satisfactorily repair and
3927-maintain the property as provided in subsection (f) and hear any
3928-opposition to a proposed transfer.
3929-(d) For properties that are not transferred when initially identified
3930-for transfer under this section, the county executive may omit from the
3931-notice the descriptions of the properties identified under subsection (b)
3932-if:
3933-(1) the county executive includes in the notice a statement that
3934-descriptions of those tracts or items of real property are available
3935-on the Internet web site website of the county government or the
3936-county government's contractor and the information may be
3937-obtained in an alternative form from the county executive upon
3938-request; and
3939-(2) the descriptions of those tracts or items of real property
3940-eligible for transfer under this section are made available on the
3941-Internet web site website of the county government or the county
3942-government's contractor and may be obtained from the county
3943-executive in an alternative form upon request in accordance with
3944-section 3.4 of this chapter.
3945-(e) After the hearing set under subsection (b), the county executive
3946-shall by resolution make a final determination concerning:
3947-(1) the properties that are to be transferred;
3948-(2) the person to which each property is to be transferred; and
3949-HEA 1050 93
3950-(3) the terms and conditions of the transfer.
3951-(f) To be eligible to receive a property under this section, a person
3952-must file an application with the county executive. The application
3953-must identify the property that the person desires to acquire, the use to
3954-be made of the property, and the time anticipated for implementation
3955-of the use. The application must be accompanied by documentation
3956-demonstrating the person's ability to satisfactorily repair and maintain
3957-the property, including evidence of the person's:
3958-(1) ability to repair and maintain the property personally, if
3959-applicable;
3960-(2) financial resources, if the services of a contractor may be
3961-required to satisfactorily repair or maintain the property; and
3962-(3) previous experience in repairing or maintaining property, if
3963-applicable.
3964-The application must be signed by the person. If more than one (1)
3965-application for a single property is filed, the county executive shall
3966-determine which application is to be accepted based on the benefit to
3967-be provided to the public and the neighborhood, the suitability of the
3968-stated use for the property and the surrounding area, and the likelihood
3969-that the person will satisfactorily repair and maintain the property. The
3970-county executive may require the person to pay a reasonable deposit or
3971-post a performance bond to be forfeited if the person does not
3972-satisfactorily repair and maintain the property.
3973-(g) After the hearing set under subsection (b) and the final
3974-determination of the properties to be transferred under subsection (e),
3975-the county executive, on behalf of the county, shall cause all delinquent
3976-taxes, special assessments, penalties, interest, and costs of sale to be
3977-removed from the tax duplicate and the person is entitled to a tax deed
3978-if the conditions of IC 6-1.1-25-4.5 and IC 6-1.1-25-4.6 are satisfied.
3979-The deed must provide for:
3980-(1) the use to be made of the property;
3981-(2) the time within which the use must be implemented and
3982-maintained;
3983-(3) any other terms and conditions that are established by the
3984-county executive;
3985-(4) the reversion of the property to the county executive if the
3986-grantee fails to comply with the terms and conditions; and
3987-(5) the forfeiture of any bond or deposit to the county executive
3988-if the grantee fails to comply with the terms and conditions.
3989-If the grantee fails to comply with the terms and conditions of the
3990-transfer and title to the property reverts to the county executive, the
3991-property may be retained by the county executive or disposed of under
3992-HEA 1050 94
3993-any of the provisions of this chapter or IC 6-1.1-25, or both.
3994-SECTION 90. IC 6-1.1-24-17, AS AMENDED BY P.L.85-2017,
3995-SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3996-JULY 1, 2025]: Sec. 17. (a) For purposes of this section, in a county
3997-containing a consolidated city, "county executive" refers to the board
3998-of commissioners of the county as provided in IC 36-3-3-10.
3999-(b) As used in this section, "nonprofit entity" means an organization
4000-exempt from federal income taxation under 26 U.S.C. 501(c)(3).
4001-(c) The county executive may by resolution:
4002-(1) identify tax sale certificates issued under section 6 of this
4003-chapter that the county executive desires to assign to one (1) or
4004-more nonprofit entities; and
4005-(2) set a date, time, and place for a public hearing to consider the
4006-assignment of the tax sale certificates to the nonprofit entities.
4007-(d) Except as otherwise provided in subsection (e), notice of the tax
4008-sale certificates identified under subsection (c) and the date, time, and
4009-place for the hearing on the proposed transfer of the tax sale certificates
4010-on the list shall be published in accordance with IC 5-3-1. The notice
4011-must include a description of the properties associated with the tax sale
4012-certificates being considered for assignment by:
4013-(1) parcel number;
4014-(2) legal description; and
4015-(3) street address or other common description.
4016-The notice must specify that the county executive will hear any
4017-opposition to the proposed assignments.
4018-(e) For tax sale certificates that are not assigned when initially
4019-identified for assignment under this section, the county executive may
4020-omit from the notice the descriptions of the tax sale certificates and the
4021-properties associated with the tax sale certificates identified under
4022-subsection (c) if:
4023-(1) the county executive includes in the notice a statement that the
4024-descriptions of those tax sale certificates and the tracts or items of
4025-real property associated with the tax sale certificates are available
4026-on the Internet web site website of the county government or the
4027-county government's contractor and the information may be
4028-obtained from the county executive in an alternative form upon
4029-request in accordance with section 3.4 of this chapter; and
4030-(2) the descriptions of those tax sale certificates and the tracts or
4031-items of real property associated with the tax sale certificates are
4032-made available on the Internet web site website of the county
4033-government or the county government's contractor and may be
4034-obtained from the county executive in an alternative form upon
4035-HEA 1050 95
4036-request in accordance with section 3.4 of this chapter.
4037-(f) After the hearing set under subsection (c), the county executive
4038-shall by resolution make a final determination concerning:
4039-(1) the tax sale certificates that are to be assigned to a nonprofit
4040-entity;
4041-(2) the nonprofit entity to which each tax sale certificate is to be
4042-assigned; and
4043-(3) the terms and conditions of the assignment.
4044-(g) If a county executive assigns a tax sale certificate to a nonprofit
4045-entity under this section, the period of redemption of the real property
4046-under IC 6-1.1-25 expires one hundred twenty (120) days after the date
4047-of the assignment to the nonprofit entity. If a nonprofit entity takes
4048-assignment of a tax sale certificate under this section, the nonprofit
4049-entity acquires the same rights and obligations as a purchaser of a tax
4050-sale certificate under section 6.1 of this chapter.
4051-SECTION 91. IC 6-1.1-28-0.7, AS ADDED BY P.L.207-2016,
4052-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4053-JULY 1, 2025]: Sec. 0.7. The county assessor of the county responsible
4054-for administration of a multiple county property tax assessment board
4055-of appeals under section 0.5 of this chapter shall give notice of the
4056-time, date, place, and purpose of each annual session of the multiple
4057-county property tax assessment board of appeals. The county assessor
4058-shall give the notice two (2) weeks before the first meeting of the
4059-multiple county property tax assessment board of appeals by:
4060-(1) publication of the notice within the geographic area over
4061-which the multiple county property tax assessment board of
4062-appeals has jurisdiction in the same manner as political
4063-subdivisions subject to IC 5-3-1-4(e) are required to publish
4064-notice; and
4065-(2) posting of the notice on the county assessor's Internet web site.
4066-website.
4067-SECTION 92. IC 6-1.1-28-1, AS AMENDED BY P.L.156-2024,
4068-SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4069-JULY 1, 2025]: Sec. 1. (a) This section applies only to a county that is
4070-not participating in a multiple county property tax assessment board of
4071-appeals.
4072-(b) Each county shall have a county property tax assessment board
4073-of appeals composed of individuals who are at least eighteen (18) years
4074-of age and knowledgeable in the valuation of property. At the election
4075-of the board of commissioners of the county, a county property tax
4076-assessment board of appeals may consist of three (3) or five (5)
4077-members appointed in accordance with this section.
4078-HEA 1050 96
4079-(c) This subsection applies to a county in which the board of
4080-commissioners elects to have a five (5) member county property tax
4081-assessment board of appeals. In addition to the county assessor, only
4082-one (1) other individual who is an officer or employee of a county or
4083-township may serve on the board of appeals in the county in which the
4084-individual is an officer or employee. Subject to subsections (h) and (i),
4085-the fiscal body of the county shall appoint two (2) individuals to the
4086-board. At least one (1) of the members appointed by the county fiscal
4087-body must be a certified level two or level three assessor-appraiser. The
4088-fiscal body may waive the requirement in this subsection that one (1)
4089-of the members appointed by the fiscal body must be a certified level
4090-two or level three assessor-appraiser. Subject to subsections (h) and (i),
4091-the board of commissioners of the county shall appoint three (3)
4092-freehold members so that not more than three (3) of the five (5)
4093-members may be of the same political party and so that at least three
4094-(3) of the five (5) members are residents of the county. At least one (1)
4095-of the members appointed by the board of county commissioners must
4096-be a certified level two or level three assessor-appraiser. The board of
4097-county commissioners may waive the requirement in this subsection
4098-that one (1) of the freehold members appointed by the board of county
4099-commissioners must be a certified level two or level three
4100-assessor-appraiser.
4101-(d) This subsection applies to a county in which the board of
4102-commissioners elects to have a three (3) member county property tax
4103-assessment board of appeals. In addition to the county assessor, only
4104-one (1) other individual who is an officer or employee of a county or
4105-township may serve on the board of appeals in the county in which the
4106-individual is an officer or employee. Subject to subsections (h) and (i),
4107-the fiscal body of the county shall appoint one (1) individual to the
4108-board. The member appointed by the county fiscal body must be a
4109-certified level two or level three assessor-appraiser. The fiscal body
4110-may waive the requirement in this subsection that the member
4111-appointed by the fiscal body must be a certified level two or level three
4112-assessor-appraiser. Subject to subsections (e) and (f), the board of
4113-commissioners of the county shall appoint two (2) freehold members
4114-so that not more than two (2) of the three (3) members may be of the
4115-same political party and so that at least two (2) of the three (3)
4116-members are residents of the county. At least one (1) of the members
4117-appointed by the board of county commissioners must be a certified
4118-level two or level three assessor-appraiser. The board of county
4119-commissioners may waive the requirement in this subsection that one
4120-(1) of the freehold members appointed by the board of county
4121-HEA 1050 97
4122-commissioners must be a certified level two or level three
4123-assessor-appraiser.
4124-(e) A person appointed to a property tax assessment board of
4125-appeals may serve on the property tax assessment board of appeals of
4126-another county at the same time. The members of the board shall elect
4127-a president. The employees of the county assessor shall provide
4128-administrative support to the property tax assessment board of appeals.
4129-The county assessor is a nonvoting member of the property tax
4130-assessment board of appeals. The county assessor shall serve as
4131-secretary of the board. The secretary shall keep full and accurate
4132-minutes of the proceedings of the board. A majority of the board
4133-constitutes a quorum for the transaction of business. Any question
4134-properly before the board may be decided by the agreement of a
4135-majority of the whole board.
4136-(f) The county assessor, county fiscal body, and board of county
4137-commissioners may agree to waive the requirement in subsection (c)
4138-or (d) that not more than three (3) of the five (5) or two (2) of the three
4139-(3) members of the county property tax assessment board of appeals
4140-may be of the same political party if it is necessary to waive the
4141-requirement due to the absence of certified level two or level three
4142-Indiana assessor-appraisers:
4143-(1) who are willing to serve on the board; and
4144-(2) whose political party membership status would satisfy the
4145-requirement in subsection (c) or (d).
4146-(g) If the board of county commissioners is not able to identify at
4147-least two (2) prospective freehold members of the county property tax
4148-assessment board of appeals who are:
4149-(1) residents of the county;
4150-(2) certified level two or level three Indiana assessor-appraisers;
4151-and
4152-(3) willing to serve on the county property tax assessment board
4153-of appeals;
4154-it is not necessary that at least three (3) of the five (5) or two (2) of the
4155-three (3) members of the county property tax assessment board of
4156-appeals be residents of the county.
4157-(h) Except as provided in subsection (i), the term of a member of the
4158-county property tax assessment board of appeals appointed under either
4159-subsection (c) or (d) shall:
4160-(1) be staggered so that the appointment of a majority of the board
4161-does not expire in any single year; and
4162-(2) begins begin January 1.
4163-(i) If:
4164-HEA 1050 98
4165-(1) the term of a member of the county property tax assessment
4166-board of appeals appointed under this section expires;
4167-(2) the member is not reappointed; and
4168-(3) a successor is not appointed;
4169-the term of the member continues until a successor is appointed.
4170-(j) An:
4171-(1) employee of the township assessor or county assessor; or
4172-(2) appraiser, as defined in IC 6-1.1-31.7-1;
4173-may not serve as a voting member of a county property tax assessment
4174-board of appeals in a county where the employee or appraiser is
4175-employed.
4176-SECTION 93. IC 6-1.1-28-6, AS AMENDED BY P.L.207-2016,
4177-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4178-JULY 1, 2025]: Sec. 6. This section applies to a county property tax
4179-assessment board of appeals established under section 1 of this chapter.
4180-The county assessor shall give notice of the time, place, and purpose of
4181-each annual session of the county property tax assessment board. The
4182-county assessor shall give the notice two (2) weeks before the first
4183-meeting of the board by:
4184-(1) the publication:
4185-(A) in two (2) newspapers of general circulation which are
4186-published in the county; or
4187-(B) in one (1) newspaper of general circulation published in
4188-the county if the requirements of clause (A) cannot be
4189-satisfied; and
4190-(2) the posting of the notice on the county assessor's Internet web
4191-site. website.
4192-SECTION 94. IC 6-2.5-3-10, AS ADDED BY P.L.229-2011,
4193-SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4194-JULY 1, 2025]: Sec. 10. The department shall publish on the
4195-department's web site website the information needed to communicate
4196-a person's obligation to remit use tax on the exercise of any right or
4197-power of ownership over tangible personal property in Indiana for
4198-which gross retail tax has not been paid, including purchases using the
4199-Internet or a catalog.
4200-SECTION 95. IC 6-2.5-3.5-15, AS AMENDED BY
4201-P.L.180-2022(ss), SECTION 6, IS AMENDED TO READ AS
4202-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) Before the
4203-twenty-second day of each month, the department shall determine and
4204-provide a notice of the gasoline use tax rate to be used during the
4205-following month and the source of the data used to determine the
4206-gasoline use tax rate and the statewide average retail price per gallon
4207-HEA 1050 99
4208-of gasoline. The notice shall be published on the department's Internet
4209-web site website in a departmental notice.
4210-(b) In determining the gasoline use tax rate under this section, the
4211-department shall use:
4212-(1) the statewide average retail price per gallon of gasoline (based
4213-on the retail price per gallon of gasoline from the sixteenth day of
4214-the previous month to the fifteenth day of the current month),
4215-excluding the Indiana gasoline tax, federal gasoline tax, the
4216-Indiana gasoline use tax, and Indiana gross retail tax (if any);
4217-multiplied by
4218-(2) seven percent (7%).
4219-To determine the statewide average retail price, the department shall
4220-use a data service that updates the most recent retail price of gasoline.
4221-The gasoline use tax rate per gallon of gasoline determined by the
4222-department under this section shall be rounded to the nearest one-tenth
4223-of one cent ($0.001).
4224-(c) Notwithstanding subsections (a) and (b), the gasoline use tax
4225-rate imposed on a transaction that occurs beginning on the first day
4226-following the enactment into law of this subsection and continuing
4227-through June 30, 2023, is the lesser of:
4228-(1) the monthly gasoline use tax rate per gallon of gasoline as
4229-determined by the department under subsections (a) and (b); or
4230-(2) twenty-nine and five-tenths cents ($0.295) per gallon of
4231-gasoline.
4232-This subsection expires July 1, 2023.
4233-SECTION 96. IC 6-2.5-3.5-17, AS ADDED BY P.L.227-2013,
4234-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4235-JULY 1, 2025]: Sec. 17. (a) A distributor, refiner, or terminal operator
4236-desiring to receive gasoline within Indiana without paying the gasoline
4237-use tax must hold an uncanceled permit issued by the department to
4238-collect payments of gasoline use tax from purchasers and recipients of
4239-gasoline.
4240-(b) To obtain a permit, a distributor, refiner, or terminal operator
4241-must file with the department a sworn application containing
4242-information that the department reasonably requires.
4243-(c) The department may refuse to issue a permit to a distributor,
4244-refiner, or terminal operator if:
4245-(1) the application is filed by a distributor, refiner, or terminal
4246-operator whose permit has previously been canceled for cause;
4247-(2) the application is not filed in good faith, as determined by the
4248-department;
4249-(3) the application is filed by a person as a subterfuge for the real
4250-HEA 1050 100
4251-person in interest whose permit has previously been canceled for
4252-cause; or
4253-(4) the distributor, refiner, or terminal operator has outstanding
4254-tax liability with the department for which a tax warrant has been
4255-issued.
4256-(d) A permit may not be issued unless the application is
4257-accompanied by an audited and current financial statement and a
4258-license fee of one hundred dollars ($100).
4259-(e) A permit issued under this section is not assignable and is valid
4260-only for the distributor, refiner, or terminal operator in whose name it
4261-is issued. If there is a change in name or ownership, the distributor,
4262-refiner, or terminal operator must apply for a new permit.
4263-(f) The department may revoke a permit for good cause.
4264-(g) Before being denied a permit under subsection (c) or before
4265-having a permit revoked under subsection (f), a distributor, refiner, or
4266-terminal operator is entitled to a hearing after five (5) business days
4267-written notice. At the hearing, the distributor, refiner, or terminal
4268-operator may appear in person or by counsel and present testimony.
4269-(h) The department shall keep a record of all qualified distributors,
4270-refiners, and terminal operators.
4271-(i) The department may publish a list of qualified distributors on the
4272-department's Internet web site. website. The list must be limited to the
4273-following information:
4274-(1) The name of each qualified distributor.
4275-(2) The complete address of each qualified distributor.
4276-(3) The telephone number of each qualified distributor.
4277-(j) The information contained in a list published under subsection
4278-(i) is not confidential under IC 6-8.1-7-1.
4279-SECTION 97. IC 6-2.5-8-8, AS AMENDED BY P.L.137-2022,
4280-SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4281-JULY 1, 2025]: Sec. 8. (a) A person, authorized under subsection (b),
4282-who makes a purchase in a transaction which is exempt from the state
4283-gross retail and use taxes, may issue an exemption certificate to the
4284-seller instead of paying the tax. Except as provided in subsection (c),
4285-the person shall issue the certificate on forms and in the manner
4286-prescribed by the department on the department's Internet web site.
4287-website. A seller accepting a proper exemption certificate under this
4288-section has no duty to collect or remit the state gross retail or use tax on
4289-that purchase.
4290-(b) The following are the only persons authorized to issue
4291-exemption certificates:
4292-(1) Retail merchants, wholesalers, and manufacturers, who are
4293-HEA 1050 101
4294-registered with the department under this chapter.
4295-(2) Persons who are exempt from the state gross retail tax under
4296-IC 6-2.5-4-5 and who receive an exemption certificate from the
4297-department.
4298-(3) Other persons who are exempt from the state gross retail tax
4299-with respect to any part of their purchases.
4300-(c) Organizations that are exempt from the state gross retail tax
4301-under IC 6-2.5-5-21, IC 6-2.5-5-25, or IC 6-2.5-5-26 and that are
4302-registered with the department pursuant to IC 6-2.5-5-25(c) shall be
4303-electronically issued an exemption certificate by the department.
4304-(d) The department may also allow a person to issue a blanket
4305-exemption certificate to cover exempt purchases over a stated period
4306-of time. The department may impose conditions on the use of the
4307-blanket exemption certificate and restrictions on the kind or category
4308-of purchases that are exempt.
4309-(e) A seller that accepts an incomplete exemption certificate under
4310-subsection (a) is not relieved of the duty to collect gross retail or use
4311-tax on the sale unless the seller obtains:
4312-(1) a fully completed exemption certificate; or
4313-(2) the relevant data to complete the exemption certificate;
4314-within ninety (90) days after the sale.
4315-(f) If a seller has accepted an incomplete exemption certificate
4316-under subsection (a) and the department requests that the seller
4317-substantiate the exemption, within one hundred twenty (120) days after
4318-the department makes the request the seller shall:
4319-(1) obtain a fully completed exemption certificate; or
4320-(2) prove by other means that the transaction was not subject to
4321-state gross retail or use tax.
4322-(g) A power subsidiary (as defined in IC 6-2.5-1-22.5) or a person
4323-selling the services or commodities listed in IC 6-2.5-4-5 who accepts
4324-an exemption certificate issued by the department to a person who is
4325-exempt from the state gross retail tax under IC 6-2.5-4-5 is relieved
4326-from the duty to collect state gross retail or use tax on the sale of the
4327-services or commodities listed in IC 6-2.5-4-5 until notified by the
4328-department that the exemption certificate has expired or has been
4329-revoked. If the department notifies a power subsidiary or a person
4330-selling the services or commodities listed in IC 6-2.5-4-5 that a person's
4331-exemption certificate has expired or has been revoked, the power
4332-subsidiary or person selling the services or commodities listed in
4333-IC 6-2.5-4-5 shall begin collecting state gross retail tax on the sale of
4334-the services or commodities listed in IC 6-2.5-4-5 to the person whose
4335-exemption certificate has expired or been revoked not later than thirty
4336-HEA 1050 102
4337-(30) days after the date of the department's notice. An exemption
4338-certificate issued by the department to a person who is exempt from the
4339-state gross retail tax under IC 6-2.5-4-5 remains valid for that person
4340-regardless of any subsequent one (1) for one (1) meter number changes
4341-with respect to that person that are required, made, or initiated by a
4342-power subsidiary or a person selling the services or commodities listed
4343-in IC 6-2.5-4-5, unless the department revokes the exemption
4344-certificate. Within thirty (30) days after the final day of each calendar
4345-year quarter, a power subsidiary or a person selling the services or
4346-commodities listed in IC 6-2.5-4-5 shall report to the department any
4347-meter number changes made during the immediately preceding
4348-calendar year quarter and distinguish between the one (1) for one (1)
4349-meter changes and the one (1) for multiple meter changes made during
4350-the calendar year quarter. A power subsidiary or a person selling the
4351-services or commodities listed in IC 6-2.5-4-5 shall maintain records
4352-sufficient to document each one (1) to one (1) meter change. A person
4353-may request the department to reissue an exemption certificate with a
4354-new meter number in the event of a one (1) to one (1) meter change.
4355-Except for a person to whom a blanket utility exemption applies, any
4356-meter number changes not involving a one (1) to one (1) relationship
4357-will no longer be exempt and will require the person to submit a new
4358-utility exemption application for the new meters. Until an application
4359-for a new meter is approved, the new meter is subject to the state gross
4360-retail tax and the power subsidiary or the person selling the services or
4361-commodities listed in IC 6-2.5-4-5 is required to collect the state gross
4362-retail tax from the date of the meter change.
4363-SECTION 98. IC 6-3.1-30.5-14, AS ADDED BY P.L.182-2009(ss),
4364-SECTION 205, IS AMENDED TO READ AS FOLLOWS
4365-[EFFECTIVE JULY 1, 2025]: Sec. 14. The department, on an Internet
4366-web site a website used by the department to provide information to
4367-the public, shall provide the following information:
4368-(1) The application for the credit provided in this chapter.
4369-(2) A timeline for receiving the credit provided in this chapter.
4370-(3) The total amount of credits awarded under this chapter during
4371-the current state fiscal year.
4372-SECTION 99. IC 6-7-2-7.5, AS AMENDED BY P.L.137-2022,
4373-SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4374-JULY 1, 2025]: Sec. 7.5. (a) A tax is imposed on the distribution of
4375-closed system cartridges in Indiana at the rate of fifteen percent (15%)
4376-of the wholesale price of the closed system cartridge. If a closed system
4377-cartridge is sold in the same package as a vapor product device, the tax
4378-imposed under this subsection shall only apply to the wholesale price
4379-HEA 1050 103
4380-of the closed system cartridge if the wholesale cost of the closed system
4381-cartridge can be isolated from the vapor product device on the invoice.
4382-(b) The distributor of closed system cartridges, including a person
4383-that sells closed system cartridges through an Internet web site, a
4384-website, is liable for the tax imposed under subsection (a). The tax is
4385-imposed at the time the distributor:
4386-(1) brings or causes closed system cartridges to be brought into
4387-Indiana for distribution;
4388-(2) manufactures closed system cartridges in Indiana for
4389-distribution; or
4390-(3) transports closed system cartridges to retail dealers in Indiana
4391-for resale by those retail dealers.
4392-(c) A consumer who purchases untaxed closed system cartridges
4393-from a distributor or retailer is liable for the tax imposed under
4394-subsection (a).
4395-SECTION 100. IC 6-7-2-8, AS AMENDED BY P.L.165-2021,
4396-SECTION 109, IS AMENDED TO READ AS FOLLOWS
4397-[EFFECTIVE JULY 1, 2025]: Sec. 8. (a) A distributor, including a
4398-person that sells taxable products through an Internet web site, a
4399-website, must obtain a license under this section before it distributes
4400-taxable products in Indiana. The department shall issue licenses to
4401-applicants that qualify under this section. A license issued under this
4402-section is valid for one (1) year unless revoked or suspended by the
4403-department and is not transferable.
4404-(b) An applicant for a license under this section must submit proof
4405-to the department of the appointment of an agent for service of process
4406-in Indiana if the applicant is:
4407-(1) an individual whose principal place of residence is outside
4408-Indiana; or
4409-(2) a person, other than an individual, that has its principal place
4410-of business outside Indiana.
4411-(c) To obtain or renew a license under this section, a person must:
4412-(1) submit, for each location where it intends to distribute taxable
4413-products, an application that includes all information required by
4414-the department;
4415-(2) pay a fee of twenty-five dollars ($25) at the time of
4416-application; and
4417-(3) at the time of application, post a bond, issued by a surety
4418-company approved by the department, in an amount not less than
4419-one thousand dollars ($1,000) and conditioned on the applicant's
4420-compliance with this chapter.
4421-(d) If business is transacted at two (2) or more places by one (1)
4422-HEA 1050 104
4423-distributor, a separate license must be obtained for each place of
4424-business.
4425-(e) Each license must be numbered, show the name and address of
4426-the distributor, and be posted in a conspicuous place at the place of
4427-business for which it is issued.
4428-(f) If the department determines that a bond provided by a licensee
4429-is inadequate, the department may require a new bond in the amount
4430-necessary to fully protect the state.
4431-SECTION 101. IC 6-8.1-3-16, AS AMENDED BY P.L.165-2021,
4432-SECTION 121, IS AMENDED TO READ AS FOLLOWS
4433-[EFFECTIVE JULY 1, 2025]: Sec. 16. (a) The department shall
4434-prepare a list of all outstanding tax warrants for listed taxes each
4435-month. The list shall identify each taxpayer liable for a warrant by
4436-name, address, amount of tax, and either Social Security number or
4437-employer identification number. Unless the department renews the
4438-warrant, the department shall exclude from the list a warrant issued
4439-more than ten (10) years before the date of the list. The department
4440-shall certify a copy of the list to the bureau of motor vehicles.
4441-(b) The department shall prescribe and furnish tax release forms for
4442-use by tax collecting officials. A tax collecting official who collects
4443-taxes in satisfaction of an outstanding warrant shall issue to the
4444-taxpayers named on the warrant a tax release stating that the tax has
4445-been paid. The department may also issue a tax release:
4446-(1) to a taxpayer who has made arrangements satisfactory to the
4447-department for the payment of the tax; or
4448-(2) by action of the commissioner under IC 6-8.1-8-2(k).
4449-(c) The department may not issue or renew:
4450-(1) a certificate under IC 6-2.5-8 or IC 6-7-4;
4451-(2) a license under IC 6-6-1.1 or IC 6-6-2.5; or
4452-(3) a permit under IC 6-6-4.1;
4453-to a taxpayer whose name appears on the most recent monthly warrant
4454-list, unless that taxpayer pays the tax, makes arrangements satisfactory
4455-to the department for the payment of the tax, or a release is issued
4456-under IC 6-8.1-8-2(k).
4457-(d) The bureau of motor vehicles shall, before issuing the title to a
4458-motor vehicle under IC 9-17, determine whether the purchaser's or
4459-assignee's name is on the most recent monthly warrant list. If the
4460-purchaser's or assignee's name is on the list, the bureau shall enter as
4461-a lien on the title the name of the state as the lienholder unless the
4462-bureau has received notice from the commissioner under
4463-IC 6-8.1-8-2(k). The tax lien on the title:
4464-(1) is subordinate to a perfected security interest (as defined and
4465-HEA 1050 105
4466-perfected in accordance with IC 26-1-9.1); and
4467-(2) shall otherwise be treated in the same manner as other title
4468-liens.
4469-(e) The commissioner is the custodian of all titles for which the state
4470-is the sole lienholder under this section. Upon receipt of the title by the
4471-department, the commissioner shall notify the owner of the
4472-department's receipt of the title.
4473-(f) The department shall reimburse the bureau of motor vehicles for
4474-all costs incurred in carrying out this section.
4475-(g) Notwithstanding IC 6-8.1-8, a person who is authorized to
4476-collect taxes, interest, or penalties on behalf of the department under
4477-IC 6-3 or IC 6-3.6 may not, except as provided in subsection (h) or (i),
4478-receive a fee for collecting the taxes, interest, or penalties if:
4479-(1) the taxpayer pays the taxes, interest, or penalties as
4480-consideration for the release of a lien placed under subsection (d)
4481-on a motor vehicle title; or
4482-(2) the taxpayer has been denied a certificate or license under
4483-subsection (c) within sixty (60) days before the date the taxes,
4484-interest, or penalties are collected.
4485-(h) In the case of a sheriff, subsection (g) does not apply if:
4486-(1) the sheriff collects the taxes, interest, or penalties within sixty
4487-(60) days after the date the sheriff receives the tax warrant; or
4488-(2) the sheriff collects the taxes, interest, or penalties through the
4489-sale or redemption, in a court proceeding, of a motor vehicle that
4490-has a lien placed on its title under subsection (d).
4491-(i) In the case of a person other than a sheriff:
4492-(1) subsection (g)(2) does not apply if the person collects the
4493-taxes, interests, or penalties within sixty (60) days after the date
4494-the commissioner employs the person to make the collection; and
4495-(2) subsection (g)(1) does not apply if the person collects the
4496-taxes, interest, or penalties through the sale or redemption, in a
4497-court proceeding, of a motor vehicle that has a lien placed on its
4498-title under subsection (d).
4499-(j) IC 5-14-3-4, IC 6-8.1-7-1, and any other law exempting
4500-information from disclosure by the department do not apply to this
4501-subsection. The department shall prepare a list of retail merchants
4502-whose registered retail merchant certificate has not been renewed
4503-under IC 6-2.5-8-1(h) or whose registered retail merchant certificate
4504-has been revoked under IC 6-2.5-8-7 or whose electronic cigarette
4505-retail dealer's certificate has been revoked or suspended under
4506-IC 6-7-4-10. The list compiled under this subsection must identify each
4507-retail merchant by name (including any name under which the retail
4508-HEA 1050 106
4509-merchant is doing business), address, and county. The department shall
4510-publish the list compiled under this subsection on the department's
4511-Internet web site website (as operated under IC 4-13.1-2) and make the
4512-list available for public inspection and copying under IC 5-14-3. The
4513-department or an agent, employee, or officer of the department is
4514-immune from liability for the publication of information under this
4515-subsection.
4516-SECTION 102. IC 6-8.1-3-17, AS AMENDED BY P.L.93-2024,
4517-SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4518-JULY 1, 2025]: Sec. 17. (a) Before an original tax appeal is filed with
4519-the tax court under IC 33-26, the commissioner, or the taxpayer rights
4520-advocate office to the extent granted the authority by the commissioner,
4521-may settle any tax liability dispute if a substantial doubt exists as to:
4522-(1) the constitutionality of the tax under the Constitution of the
4523-State of Indiana;
4524-(2) the right to impose the tax;
4525-(3) the correct amount of tax due;
4526-(4) the collectability of the tax; or
4527-(5) whether the taxpayer is a resident or nonresident of Indiana.
4528-(b) After an original tax appeal is filed with the tax court under
4529-IC 33-26, and notwithstanding IC 4-6-2-11, the commissioner may
4530-settle a tax liability dispute with an amount in contention of twenty-five
4531-thousand dollars ($25,000) or less. Notwithstanding IC 6-8.1-7-1(a),
4532-the terms of a settlement under this subsection are available for public
4533-inspection.
4534-(c) The department shall establish an amnesty program for taxpayers
4535-having an unpaid tax liability for a listed tax that was due and payable
4536-for a tax period ending before January 1, 2013. A taxpayer is not
4537-eligible for the amnesty program:
4538-(1) for any tax liability resulting from the taxpayer's failure to
4539-comply with IC 6-3-1-3.5(b)(3) with regard to the tax imposed by
4540-IC 4-33-13 or IC 4-35-8; or
4541-(2) if the taxpayer participated in any previous amnesty program
4542-under:
4543-(A) this section (as in effect on December 31, 2014); or
4544-(B) IC 6-2.5-14.
4545-The time in which a voluntary payment of tax liability may be made (or
4546-the taxpayer may enter into a payment program acceptable to the
4547-department for the payment of the unpaid listed taxes in full in the
4548-manner and time established in a written payment program agreement
4549-between the department and the taxpayer) under the amnesty program
4550-is limited to the period determined by the department, not to exceed
4551-HEA 1050 107
4552-eight (8) regular business weeks ending before the earlier of the date
4553-set by the department or January 1, 2017.
4554-(d) The amnesty program must provide that, upon payment by a
4555-taxpayer to the department of all listed taxes due from the taxpayer for
4556-a tax period (or payment of the unpaid listed taxes in full in the manner
4557-and time established in a written payment program agreement between
4558-the department and the taxpayer), entry into an agreement that the
4559-taxpayer is not eligible for any other amnesty program that may be
4560-established and waives any part of interest and penalties on the same
4561-type of listed tax that is being granted amnesty in the current amnesty
4562-program, and compliance with all other amnesty conditions adopted
4563-under a rule of the department in effect on the date the voluntary
4564-payment is made, the department:
4565-(1) shall abate and not seek to collect any interest, penalties,
4566-collection fees, or costs that would otherwise be applicable;
4567-(2) shall release any liens imposed;
4568-(3) shall not seek civil or criminal prosecution against any
4569-individual or entity; and
4570-(4) shall not issue, or, if issued, shall withdraw, an assessment, a
4571-demand notice, or a warrant for payment under IC 6-8.1-5-1,
4572-IC 6-8.1-5-3, IC 6-8.1-8-2, or another law against any individual
4573-or entity;
4574-for listed taxes due from the taxpayer for the tax period for which
4575-amnesty has been granted to the taxpayer. Amnesty granted under this
4576-subsection (c) is binding on the state and its agents. However, failure
4577-to pay to the department all listed taxes due for a tax period invalidates
4578-any amnesty granted under this subsection (c) for that tax period. The
4579-department shall conduct an assessment of the impact of the tax
4580-amnesty program on tax collections and an analysis of the costs of
4581-administering the tax amnesty program. As soon as practicable after the
4582-end of the tax amnesty period, the department shall submit a copy of
4583-the assessment and analysis to the legislative council in an electronic
4584-format under IC 5-14-6. The department shall enforce an agreement
4585-with a taxpayer that prohibits the taxpayer from receiving amnesty in
4586-another amnesty program.
4587-(d) (e) For purposes of subsection (c), a liability for a listed tax is
4588-due and payable if:
4589-(1) the department has issued:
4590-(A) an assessment of the listed tax under IC 6-8.1-5-1;
4591-(B) a demand for payment under IC 6-8.1-5-3; or
4592-(C) a demand notice for payment of the listed tax under
4593-IC 6-8.1-8-2;
4594-HEA 1050 108
4595-(2) the taxpayer has filed a return or an amended return in which
4596-the taxpayer has reported a liability for the listed tax; or
4597-(3) the taxpayer has filed a written statement of liability for the
4598-listed tax in a form that is satisfactory to the department.
4599-(e) (f) The department may waive interest and penalties if the
4600-general assembly enacts a change in a listed tax for a tax period that
4601-increases a taxpayer's tax liability for that listed tax after the due date
4602-for that listed tax and tax period. However, such a waiver shall apply
4603-only to the extent of the increase in tax liability and only for a period
4604-not exceeding sixty (60) days after the change is enacted. The
4605-department may adopt rules under IC 4-22-2 or issue guidelines to
4606-carry out this subsection.
4607-SECTION 103. IC 6-8.1-3-23, AS ADDED BY P.L.146-2014,
4608-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4609-JULY 1, 2025]: Sec. 23. The department shall, in coordination with the
4610-secretary of state, use the Internet web site website established under
4611-IC 4-5-10 to share information with other state agencies and to provide
4612-a single point of contact for any person to accomplish the following:
4613-(1) Completing and submitting an application for a license,
4614-registration, or permit that is issued by the department and that is
4615-required for the applicant to transact business in the state.
4616-(2) Filing with the department documents that are required for the
4617-filer to transact business in the state.
4618-(3) Remitting payments for any fee that must be paid to the
4619-department for a payer to transact business in the state, including
4620-application fees, filing fees, license fees, permit fees, and
4621-registration fees.
4622-SECTION 104. IC 6-8.1-9.5-3, AS AMENDED BY P.L.117-2018,
4623-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4624-JULY 1, 2025]: Sec. 3. (a) To obtain a set off by the department, a
4625-claimant agency described in section 1(1)(A) of this chapter must file
4626-an application for the set off with the department before November 30
4627-of the year preceding the calendar year in which a tax refund is payable
4628-by the department.
4629-(b) To obtain a set off by the department, a claimant agency
4630-described in section 1(1)(B) of this chapter must direct the
4631-clearinghouse with which the claimant agency has an agreement to file
4632-an application for the set off on behalf of the claimant agency before a
4633-date determined by the department and published on the department's
4634-Internet web site. website.
4635-(c) The department shall prescribe the form of and the contents of
4636-the application.
4637-HEA 1050 109
4638-(d) An application filed under this section is effective only for the
4639-purpose of set off of tax refunds that are payable for the calendar year
4640-for which an application is filed.
4641-SECTION 105. IC 6-8.1-10-1, AS AMENDED BY P.L.234-2019,
4642-SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4643-JULY 1, 2025]: Sec. 1. (a) If a person fails to file a return for any of the
4644-listed taxes, fails to pay the full amount of tax shown on the person's
4645-return by the due date for the return or the payment, or incurs a
4646-deficiency upon a determination by the department, the person is
4647-subject to interest on the nonpayment.
4648-(b) The interest for a failure described in subsection (a) is the
4649-adjusted rate established by the commissioner under subsection (c),
4650-from the due date for payment. The interest applies to:
4651-(1) the full amount of the unpaid tax due if the person failed to
4652-file the return;
4653-(2) the amount of the tax that is not paid, if the person filed the
4654-return but failed to pay the full amount of tax shown on the return;
4655-or
4656-(3) the amount of the deficiency.
4657-(c) The commissioner shall establish an adjusted rate of interest for
4658-a failure described in subsection (a) and for an excess tax payment on
4659-or before November 1 of each year. For purposes of subsection (b), the
4660-adjusted rate of interest shall be the percentage rounded to the nearest
4661-whole number that equals two (2) percentage points above the average
4662-investment yield on state general fund money for the state's previous
4663-fiscal year, excluding pension fund investments, as determined by the
4664-treasurer of state on or before October 1 of each year and reported to
4665-the commissioner. For purposes of IC 6-8.1-9-2(c), the adjusted rate of
4666-interest for an excess tax payment must be the same as the adjusted rate
4667-of interest determined under this subsection for a failure described in
4668-subsection (a). The adjusted rates of interest established under this
4669-subsection shall take effect on January 1 of the immediately succeeding
4670-year.
4671-(d) For purposes of this section, the filing of a substantially blank or
4672-unsigned return does not constitute a return.
4673-(e) Except as provided by IC 6-8.1-3-17(c), IC 6-8.1-3-17(d),
4674-IC 6-8.1-3-17(e), IC 6-8.1-3-17(f), IC 6-8.1-5-2, and section 2.1(k) of
4675-this chapter, the department may not waive the interest imposed under
4676-this section.
4677-(f) Subsections (a) through (c) do not apply to a motor carrier fuel
4678-tax return.
4679-SECTION 106. IC 6-8.1-10-12, AS AMENDED BY P.L.213-2015,
4680-HEA 1050 110
4681-SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4682-JULY 1, 2025]: Sec. 12. (a) This section applies to a penalty related to
4683-a tax liability to the extent that the:
4684-(1) tax liability is for a listed tax;
4685-(2) tax liability was due and payable, as determined under
4686-IC 6-8.1-3-17(d), IC 6-8.1-3-17(e), for a tax period ending before
4687-January 1, 2013;
4688-(3) department establishes an amnesty program for the tax
4689-liability under IC 6-8.1-3-17(c);
4690-(4) individual or entity from which the tax liability is due was
4691-eligible to participate in the amnesty program described in
4692-subdivision (3); and
4693-(5) tax liability is not paid:
4694-(A) in conformity with a payment program acceptable to the
4695-department that provides for payment of the unpaid listed
4696-taxes in full in the manner and time established in a written
4697-payment program agreement entered into between the
4698-department and the taxpayer under IC 6-8.1-3-17(c); or
4699-(B) if clause (A) does not apply, before the end of the amnesty
4700-period established by the department.
4701-(b) Subject to subsection (c), if a penalty is imposed or otherwise
4702-calculated under any combination of:
4703-(1) IC 6-8.1-1-8;
4704-(2) section 2.1 of this chapter;
4705-(3) section 3 of this chapter;
4706-(4) section 3.5 of this chapter;
4707-(5) section 4 of this chapter;
4708-(6) section 5 of this chapter;
4709-(7) section 6 of this chapter;
4710-(8) section 7 of this chapter;
4711-(9) section 9 of this chapter; or
4712-(10) IC 6-6;
4713-an additional penalty is imposed under this section. The amount of the
4714-additional penalty imposed under this section is equal to the sum of the
4715-penalties imposed or otherwise calculated under the provisions listed
4716-in subdivisions (1) through (10).
4717-(c) The additional penalty provided by subsection (b) does not apply
4718-if all of the following apply:
4719-(1) The department imposes a penalty on a taxpayer or otherwise
4720-calculates the penalty under the provisions described in
4721-subsection (b)(1) through (b)(10).
4722-(2) The taxpayer against whom the penalty is imposed:
4723-HEA 1050 111
4724-(A) timely files an original tax appeal in the tax court under
4725-IC 6-8.1-5-1; and
4726-(B) contests the department's imposition of the penalty or the
4727-tax on which the penalty is based.
4728-(3) The taxpayer meets all other jurisdictional requirements to
4729-initiate the original tax appeal.
4730-(4) Either the:
4731-(A) tax court enjoins collection of the penalty or the tax on
4732-which the penalty is based under IC 33-26-6-2; or
4733-(B) department consents to an injunction against collection of
4734-the penalty or tax without entry of an order by the tax court.
4735-(d) The additional penalty provided by subsection (b) does not apply
4736-if the taxpayer:
4737-(1) has a legitimate hold on making the payment as a result of an
4738-audit, bankruptcy, protest, taxpayer advocate action, or another
4739-reason permitted by the department;
4740-(2) had established a payment plan with the department before
4741-May 12, 2015; or
4742-(3) verifies with reasonable particularity that is satisfactory to the
4743-commissioner that the taxpayer did not ever receive notice of the
4744-outstanding tax liability.
4745-SECTION 107. IC 6-9-3-3.5, AS AMENDED BY P.L.152-2021,
4746-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4747-JULY 1, 2025]: Sec. 3.5. (a) Before January 1 of each year, the board
4748-of managers shall annually publish a financial report summarizing the
4749-income and expenses of the board of managers for the previous twelve
4750-(12) months.
4751-(b) The report required by subsection (a) must be published two (2)
4752-times, one (1) week apart:
4753-(1) with each publication of the report in a daily or weekly
4754-newspaper published in the English language and of general
4755-circulation in both Clark County and Floyd County; or
4756-(2) with the first publication of the report in a newspaper
4757-described in subdivision (1) and the second publication of the
4758-report:
4759-(A) in accordance with IC 5-3-5; and
4760-(B) on the board's official web site. website.
4761-(c) Before January 1 of each year, the board of managers shall
4762-prepare a written report generally summarizing the board's activities for
4763-the previous twelve (12) months. The report shall be made available on
4764-an Internet web site a website maintained by the board of managers.
4765-SECTION 108. IC 6-9-31-2, AS AMENDED BY P.L.9-2024,
4766-HEA 1050 112
4767-SECTION 244, IS AMENDED TO READ AS FOLLOWS
4768-[EFFECTIVE JULY 1, 2025]: Sec. 2. (a) After January 1, but before
4769-June 1, the city-county council may adopt an ordinance to impose a
4770-supplemental tax, known as the capital improvement board revenue
4771-replacement supplemental tax, only for the purpose of replacing
4772-revenue lost as a result of the withdrawal by the consolidated city or the
4773-capital improvement board from a contract providing another entity
4774-with the right to name a facility owned by the capital improvement
4775-board under IC 36-10-9, the county convention and recreational
4776-facilities authority under IC 36-10-9.1, or the consolidated city, in
4777-response to the entity displacing at least:
4778-(1) four hundred (400) jobs in the consolidated city; or
4779-(2) one thousand (1,000) jobs within the state;
4780-to another country, if the city-county council determines the revenue
4781-must be replaced.
4782-(b) The city-county council may adopt an ordinance to impose a
4783-supplemental tax on any one (1) or all of the following:
4784-(1) The innkeeper's tax under IC 6-9-8.
4785-(2) The admissions tax under IC 6-9-13. and
4786-(3) The supplemental auto rental excise tax under IC 6-6-9.7.
4787-(c) The revenue replacement supplemental tax is in addition to the
4788-state gross retail tax and use tax imposed by IC 6-2.5. The county fiscal
4789-body may adopt an ordinance to require that the tax shall be paid
4790-monthly to the county treasurer, and in the case of the admissions tax
4791-and the supplemental auto rental excise tax, reported on forms
4792-approved by the county treasurer. If such an ordinance is adopted, the
4793-tax shall be paid to the county treasurer not more than twenty (20) days
4794-after the end of the month the tax is collected. If such an ordinance is
4795-not adopted, the tax shall be imposed, paid, and collected in exactly the
4796-same manner as the state gross retail tax is imposed, paid, and collected
4797-under IC 6-2.5.
4798-(d) All of the provisions of IC 6-2.5 relating to rights, duties,
4799-liabilities, procedures, penalties, definitions, and administration shall
4800-be applicable to the imposition and administration of the tax imposed
4801-by this section except to the extent these provisions are in conflict or
4802-inconsistent with the specific provisions of this chapter or the
4803-requirements of the county treasurer. Specifically, and not in limitation
4804-of the preceding sentence, "person" and "gross income" have the same
4805-meaning in this section as the terms have in IC 6-2.5.
4806-(e) If the tax is paid to the department of state revenue, the returns
4807-to be filed for the payment of the tax under this section may be either
4808-by separate return or combined with the return filed for the payment of
4809-HEA 1050 113
4810-the state gross retail tax as the department of state revenue may
4811-determine by rule.
4812-(f) If the tax is paid to the department of state revenue, the amounts
4813-received from this tax shall be paid monthly by the treasurer of state to
4814-the treasurer of the capital improvement board of managers of the
4815-county upon warrants issued by the state comptroller.
4816-SECTION 109. IC 7.1-2-3-4.6, AS ADDED BY P.L.285-2019,
4817-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4818-JULY 1, 2025]: Sec. 4.6. (a) The commission shall prepare quarterly
4819-reports that provide the violations by permittees subject to an
4820-enforcement action under IC 7.1-5-7-17. The commission shall issue
4821-the quarterly reports on or before the fifteenth day of:
4822-(1) January, concerning violations committed during the
4823-preceding quarter consisting of the months of October through
4824-December;
4825-(2) April, concerning violations committed during the preceding
4826-quarter consisting of the months of January through March;
4827-(3) July, concerning violations committed during the preceding
4828-quarter consisting of the months of April through June; and
4829-(4) October, concerning violations committed during the
4830-preceding quarter consisting of the months of July through
4831-September.
4832-(b) The commission's quarterly report must provide noncompliance
4833-violations by:
4834-(1) business listing;
4835-(2) permit type; and
4836-(3) county.
4837-(c) The commission shall post the quarterly reports on the
4838-commission's Internet web site. website. The commission shall:
4839-(1) prepare a report annually that compiles the violations for the
4840-preceding calendar year; and
4841-(2) provide the report to the legislative council not later than
4842-February 1 of each year in an electronic format under IC 5-14-6.
4843-SECTION 110. IC 7.1-3-1-5, AS AMENDED BY P.L.194-2021,
4844-SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4845-JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (b), an
4846-application for a permit to sell alcoholic beverages of any kind, and the
4847-required publication of notice, shall disclose the name of the applicant
4848-and the specific address where the alcoholic beverages are to be sold,
4849-and any assumed business name under which the business will be
4850-conducted. The application and notice also shall disclose:
4851-(1) the names of the president and secretary of the corporation,
4852-HEA 1050 114
4853-club, association, or organization who will be responsible to the
4854-public for the sale of the alcoholic beverage if the applicant is a
4855-corporation, club, association, or other type of organization; or
4856-(2) the Internet web site website where a member of the public
4857-may access the information in subdivision (1).
4858-(b) An application for a permit may be processed by the commission
4859-while the location of the permit premises is pending, upon a showing
4860-of need by the permit applicant. Any permit issued by the commission
4861-while the location of the permit premises is pending shall be placed
4862-immediately on deposit with the commission under IC 7.1-3-1-3.5
4863-section 3.5 of this chapter (before July 1, 2019) or (after June 30,
4864-2019) IC 7.1-3-1.1 upon approval of the permit by the commission. If
4865-a permit issued by the commission is deposited with the commission
4866-under this subsection:
4867-(1) the applicant must go before the local board for approval of
4868-the applicant; and
4869-(2) before making the permit active, the permittee must go before
4870-the local board for approval of the location.
4871-SECTION 111. IC 7.1-3-1-18, AS AMENDED BY P.L.285-2019,
4872-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4873-JULY 1, 2025]: Sec. 18. (a) Except as provided in subsections (d) and
4874-(e), if publication of notice of application for a permit is required under
4875-this title, the publication shall be made in one (1) newspaper of general
4876-circulation published in the county where the permit is to be in effect.
4877-(b) Publication required under subsection (a) may be made in any
4878-newspaper of general circulation published one (1) or more times each
4879-week.
4880-(c) The rates which shall be paid for the advertising of a notice
4881-required under this title shall be those required to be paid in case of
4882-other notices published for or on behalf of the state.
4883-(d) The commission may publish notice of application for a
4884-three-way permit for a restaurant described in IC 7.1-3-20-12(4) by
4885-posting the notice on the commission's Internet web site. website.
4886-(e) If:
4887-(1) the commission is unable to procure advertising of a notice as
4888-required under subsection (a) at the rates set forth in IC 5-3-1; or
4889-(2) the newspaper published in the county as described in
4890-subsection (a) refuses to publish the notice;
4891-the commission may, instead of publication in a newspaper as required
4892-under subsection (a), require the designated member of the local board
4893-of the county to post printed notices in three (3) prominent locations in
4894-the county.
4895-HEA 1050 115
4896-SECTION 112. IC 7.1-3-1.6-7, AS ADDED BY P.L.269-2013,
4897-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4898-JULY 1, 2025]: Sec. 7. An online course must meet the following
4899-requirements:
4900-(1) Provide a process for participants to securely log in to the
4901-course.
4902-(2) Automatically log out participants after twenty (20) minutes
4903-of inactivity and allow participants to resume the course at the
4904-same point where they stopped.
4905-(3) Provide intuitive:
4906-(A) user navigation through the course; and
4907-(B) user interface with the course.
4908-(4) Use linear navigation that requires the completion of a module
4909-before the course proceeds to the next module.
4910-(5) Use an interactive course design.
4911-(6) Provide participants with adequate access to a help desk to
4912-resolve technical issues without delaying the flow of instruction.
4913-(7) Provide that the course web site website may not allow
4914-advertisements to appear on the course web site website while the
4915-participant is receiving instruction, and provide that
4916-advertisements that appear on the web site website when the
4917-participant is not receiving instruction follow generally accepted
4918-marketing practices.
4919-SECTION 113. IC 8-1-2-42.5, AS AMENDED BY P.L.264-2017,
4920-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4921-JULY 1, 2025]: Sec. 42.5. (a) The commission shall by rule or order,
4922-consistent with the resources of the commission and the office of the
4923-utility consumer counselor, require that the basic rates and charges of
4924-all public, municipally owned, and cooperatively owned utilities
4925-(except those utilities described in section 61.5 of this chapter) are
4926-subject to a regularly scheduled periodic review and revision by the
4927-commission. However, the commission shall conduct the periodic
4928-review at least once every four (4) years and may not authorize a filing
4929-for an increase in basic rates and charges more frequently than is
4930-permitted by operation of section 42(a) of this chapter.
4931-(b) The commission shall make the results of the commission's most
4932-recent periodic review of the basic rates and charges of an electricity
4933-supplier (as defined in IC 8-1-2.3-2(b)) available for public inspection
4934-by posting a summary of the results on the commission's Internet web
4935-site. website. If an electricity supplier whose basic rates and charges
4936-are reviewed under this section maintains a publicly accessible Internet
4937-web site, website, the electricity supplier shall provide a link on the
4938-HEA 1050 116
4939-electricity supplier's Internet web site website to the summary of the
4940-results posted on the commission's Internet web site. website.
4941-SECTION 114. IC 8-1-2.6-1.5, AS AMENDED BY P.L.107-2014,
4942-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4943-JULY 1, 2025]: Sec. 1.5. (a) In acting to impose any requirements or
4944-set any prices concerning:
4945-(1) interconnection with the facilities and equipment of providers
4946-for purposes of 47 U.S.C. 251(c)(2);
4947-(2) the resale of telecommunications service for purposes of 47
4948-U.S.C. 251(c)(4); or
4949-(3) the unbundled access of one (1) provider to the network
4950-elements of another provider for purposes of 47 U.S.C. 251(c)(3);
4951-the commission shall not exceed the authority delegated to the
4952-commission under federal laws and regulations with respect to those
4953-actions.
4954-(b) Subject to any regulations adopted by the Federal
4955-Communications Commission, this section does not affect:
4956-(1) the commission's authority to mediate a dispute between
4957-providers under 47 U.S.C. 252(a);
4958-(2) the commission's authority to arbitrate a dispute between
4959-providers under 47 U.S.C. 252(b);
4960-(3) the commission's authority to approve an interconnection
4961-agreement under 47 U.S.C. 252(e), including the authority to
4962-establish service quality metrics and liquidated damages;
4963-(4) the commission's authority to review and approve a provider's
4964-statement of terms and conditions under 47 U.S.C. 252(f);
4965-(5) a provider's ability to file a complaint with the commission to
4966-have a dispute decided by the commission:
4967-(A) after notice and hearing; and
4968-(B) in accordance with this article; or
4969-(6) the commission's authority to resolve an interconnection
4970-dispute between providers under the expedited procedures set
4971-forth in 170 IAC 7-7.
4972-(c) If a provider's rates and charges for intrastate switched or special
4973-access service are:
4974-(1) at issue in a dispute that the commission is authorized to
4975-mediate, arbitrate, or otherwise determine under state or federal
4976-law; or
4977-(2) included in an interconnection agreement or a statement of
4978-terms and conditions that the commission is authorized to review
4979-or approve under state or federal law;
4980-the commission shall consider the provider's rates and charges for
4981-HEA 1050 117
4982-intrastate switched or special access service to be just and reasonable
4983-if the intrastate rates and charges mirror the provider's interstate rates
4984-and charges for switched or special access service.
4985-(d) If the commission requires a provider to file a tariff for intrastate
4986-switched access service, special access service, or any other service,
4987-the filing of the tariff with the commission serves as the public notice
4988-of the filing of the tariff. The commission shall provide the public with
4989-notice of tariff filings through the commission's Internet web site
4990-website or other electronic means.
4991-SECTION 115. IC 8-1-2.6-13, AS AMENDED BY P.L.71-2022,
4992-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4993-JULY 1, 2025]: Sec. 13. (a) As used in this section, "communications
4994-service" has the meaning set forth in IC 8-1-32.5-3.
4995-(b) As used in this section, "communications service provider"
4996-means a person or an entity that offers communications service to
4997-customers in Indiana, without regard to the technology or medium used
4998-by the person or entity to provide the communications service. The
4999-term includes a provider of commercial mobile service (as defined in
5000-47 U.S.C. 332).
5001-(c) Notwithstanding sections 1.2, 1.4, and 1.5 of this chapter, the
5002-commission may do the following, except as otherwise provided in this
5003-subsection:
5004-(1) Enforce the terms of a settlement agreement approved by the
5005-commission before July 29, 2004. The commission's authority
5006-under this subdivision continues for the duration of the settlement
5007-agreement.
5008-(2) Fulfill the commission's duties under IC 8-1-2.8 concerning
5009-the provision of dual party relay services to deaf, hard of hearing,
5010-and speech impaired persons in Indiana.
5011-(3) Fulfill the commission's responsibilities under IC 8-1-29 to
5012-adopt and enforce rules to ensure that a customer of a
5013-telecommunications provider is not:
5014-(A) switched to another telecommunications provider unless
5015-the customer authorizes the switch; or
5016-(B) billed for services by a telecommunications provider that
5017-without the customer's authorization added the services to the
5018-customer's service order.
5019-(4) Fulfill the commission's obligations under:
5020-(A) the federal Telecommunications Act of 1996 (47 U.S.C.
5021-151 et seq.); and
5022-(B) IC 20-20-16;
5023-concerning universal service and access to telecommunications
5024-HEA 1050 118
5025-service and equipment, including the designation of eligible
5026-telecommunications carriers under 47 U.S.C. 214.
5027-(5) Perform any of the functions described in section 1.5(b) of this
5028-chapter.
5029-(6) Perform the commission's responsibilities under IC 8-1-32.5
5030-to:
5031-(A) issue; and
5032-(B) maintain records of;
5033-certificates of territorial authority for communications service
5034-providers offering communications service to customers in
5035-Indiana.
5036-(7) Perform the commission's responsibilities under IC 8-1-34
5037-concerning the issuance of certificates of franchise authority to
5038-multichannel video programming distributors offering video
5039-service to Indiana customers.
5040-(8) Subject to subsection (f), require a communications service
5041-provider, other than a provider of commercial mobile service (as
5042-defined in 47 U.S.C. 332), to report to the commission on an
5043-annual basis, or more frequently at the option of the provider, any
5044-information needed by the commission to prepare the
5045-commission's annual report under IC 8-1-1-14(c)(4).
5046-(9) Perform the commission's duties under IC 8-1-32.4 with
5047-respect to telecommunications providers of last resort, to the
5048-extent of the authority delegated to the commission under federal
5049-law to perform those duties.
5050-(10) Collect and maintain from a communications service
5051-provider the following information:
5052-(A) The address of the provider's Internet web site. website.
5053-(B) All toll free telephone numbers and other customer service
5054-telephone numbers maintained by the provider for receiving
5055-customer inquiries and complaints.
5056-(C) An address and other contact information for the provider,
5057-including any telephone number not described in clause (B).
5058-The commission shall make any information submitted by a
5059-provider under this subdivision available on the commission's
5060-Internet web site. website. The commission may also make
5061-available on the commission's Internet web site website contact
5062-information for the Federal Communications Commission and the
5063-Cellular Telephone Industry Association.
5064-(11) Fulfill the commission's duties under any state or federal law
5065-concerning the administration of any universally applicable
5066-dialing code for any communications service.
5067-HEA 1050 119
5068-(d) The commission does not have jurisdiction over any of the
5069-following with respect to a communications service provider:
5070-(1) Rates and charges for communications service provided by the
5071-communications service provider, including the filing of
5072-schedules or tariffs setting forth the provider's rates and charges.
5073-(2) Depreciation schedules for any of the classes of property
5074-owned by the communications service provider.
5075-(3) Quality of service provided by the communications service
5076-provider.
5077-(4) Long term financing arrangements or other obligations of the
5078-communications service provider.
5079-(5) Except as provided in subsection (c), any other aspect
5080-regulated by the commission under this title before July 1, 2009.
5081-(e) The commission has jurisdiction over a communications service
5082-provider only to the extent that jurisdiction is:
5083-(1) expressly granted by state or federal law, including:
5084-(A) a state or federal statute;
5085-(B) a lawful order or regulation of the Federal
5086-Communications Commission; or
5087-(C) an order or a ruling of a state or federal court having
5088-jurisdiction; or
5089-(2) necessary to administer a federal law for which regulatory
5090-responsibility has been delegated to the commission by federal
5091-law.
5092-(f) Except as specifically required under state or federal law, or
5093-except as required to respond to consumer complaints or information
5094-requests from the general assembly, the commission may not require
5095-a communications service provider:
5096-(1) to file a tariff; or
5097-(2) except for purposes of a petition or request filed or submitted
5098-to the commission by the communications service provider, to
5099-report to the commission any information that is:
5100-(A) available to the public on the communications service
5101-provider's Internet web site; website;
5102-(B) filed with the Federal Communications Commission; or
5103-(C) otherwise available to the public in any form or at any
5104-level of detail;
5105-including the communications service provider's rates, terms, and
5106-conditions of service.
5107-SECTION 116. IC 8-1-8.5-2.1, AS ADDED BY P.L.2-2023,
5108-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5109-JULY 1, 2025]: Sec. 2.1. (a) This section does not apply to the
5110-HEA 1050 120
5111-retirement, sale, or transfer of:
5112-(1) a public utility's electric generation facility if the retirement,
5113-sale, or transfer is necessary in order for the public utility to
5114-comply with a federal consent decree; or
5115-(2) an electric generation facility that generates electricity for sale
5116-exclusively to the wholesale market.
5117-(b) A public utility shall notify the commission if:
5118-(1) the public utility intends or decides to retire, sell, or transfer
5119-an electric generation facility with a capacity of at least eighty
5120-(80) megawatts; and
5121-(2) the retirement, sale, or transfer:
5122-(A) was not set forth in; or
5123-(B) is to take place on a date earlier than the date specified in;
5124-the public utility's short term action plan in the public utility's
5125-most recently filed integrated resource plan.
5126-(c) Upon receiving notice from a public utility under subsection (b),
5127-the commission shall consider and may investigate, under IC 8-1-2-58
5128-through IC 8-1-2-60, the public utility's intention or decision to retire,
5129-sell, or transfer the electric generation facility. In considering the public
5130-utility's intention or decision under this subsection, the commission
5131-shall examine the impact the retirement, sale, or transfer would have on
5132-the public utility's ability to meet:
5133-(1) the public utility's planning reserve margin requirements or
5134-other federal reliability requirements that the public utility is
5135-obligated to meet, as described in section 13(i)(4) 13(l)(4) of this
5136-chapter; and
5137-(2) the reliability adequacy metrics set forth in section 13(e) 13(g)
5138-of this chapter.
5139-(d) Before July 1, 2026, if:
5140-(1) a public utility intends or decides to retire, sell, or transfer an
5141-electric generation facility with a capacity of at least eighty (80)
5142-megawatts; and
5143-(2) the retirement, sale, or transfer:
5144-(A) was not set forth in; or
5145-(B) is to take place on a date earlier than the date specified in;
5146-the public utility's short term action plan in the public utility's
5147-most recently filed integrated resource plan;
5148-the commission shall not permit the public utility's depreciation rates,
5149-as established under IC 8-1-2-19, to be amended to reflect the
5150-accelerated date for the retirement, sale, or transfer of the electric
5151-generation asset unless the commission finds that such an adjustment
5152-is necessary to ensure the ability of the public utility to provide reliable
5153-HEA 1050 121
5154-service to its customers, and that the unamended depreciation rates
5155-would cause an unjust and unreasonable impact on the public utility
5156-and its ratepayers.
5157-(e) The commission may issue a general administrative order to
5158-implement this section.
5159-(f) This section expires July 1, 2026.
5160-SECTION 117. IC 8-1-8.5-10, AS ADDED BY P.L.246-2015,
5161-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5162-JULY 1, 2025]: Sec. 10. (a) For purposes of this section, "electricity
5163-supplier" means a public utility (as defined in IC 8-1-2-1) that furnishes
5164-retail electric service to customers in Indiana. The term does not
5165-include a utility that is:
5166-(1) a municipally owned utility (as defined in IC 8-1-2-1(h));
5167-(2) a corporation organized under IC 8-1-13;
5168-(3) a corporation organized under IC 23-17 that is an electric
5169-cooperative and that has at least one (1) member that is a
5170-corporation organized under IC 8-1-13; or
5171-(4) a joint agency created under IC 8-1-2.2-8.
5172-(b) For purposes of this section, "energy efficiency" means a
5173-reduction in electricity use for a comparable level of electricity service.
5174-(c) For purposes of this section, "energy efficiency goals" means all
5175-energy efficiency produced by cost effective plans that are:
5176-(1) reasonably achievable;
5177-(2) consistent with an electricity supplier's integrated resource
5178-plan; and
5179-(3) designed to achieve an optimal balance of energy resources in
5180-an electricity supplier's service territory.
5181-(d) For purposes of this section, "energy efficiency program" or
5182-"program" means a program that is:
5183-(1) sponsored by an electricity supplier; and
5184-(2) designed to implement energy efficiency improvements.
5185-The term does not include a program designed primarily to reduce
5186-demand for limited intervals of time, such as during peak electricity
5187-usage or emergency conditions.
5188-(e) For purposes of this section, "lost revenues" means the
5189-difference, if any, between:
5190-(1) revenues lost; and
5191-(2) the variable operating and maintenance costs saved;
5192-by an electricity supplier as a result of implementing energy efficiency
5193-programs.
5194-(f) For purposes of this section, "plan" refers to the goals, programs,
5195-program budgets, program costs, and procedures submitted by an
5196-HEA 1050 122
5197-electricity supplier to the commission under subsection (h).
5198-(g) For purposes of this section, "program costs" include the
5199-following:
5200-(1) Direct and indirect costs of energy efficiency programs.
5201-(2) Costs associated with the evaluation, measurement, and
5202-verification of program results.
5203-(3) Other recoveries or incentives approved by the commission,
5204-including lost revenues and financial incentives approved by the
5205-commission under subsection (o).
5206-(h) Beginning not later than calendar year 2017, and not less than
5207-one (1) time every three (3) years, an electricity supplier shall petition
5208-the commission for approval of a plan that includes:
5209-(1) energy efficiency goals;
5210-(2) energy efficiency programs to achieve the energy efficiency
5211-goals;
5212-(3) program budgets and program costs; and
5213-(4) evaluation, measurement, and verification procedures that
5214-must include independent evaluation, measurement, and
5215-verification.
5216-An electricity supplier may submit a plan required under this
5217-subsection to the commission for a determination of the overall
5218-reasonableness of the plan either as part of a general basic rate
5219-proceeding or as an independent proceeding. A petition submitted
5220-under this subsection may include a home energy efficiency assistance
5221-program for qualified customers of the electricity supplier whether or
5222-not the program is cost effective. The commission shall make the
5223-petition and its disclosable contents available through the commission's
5224-Internet web site. website.
5225-(i) At the same time an electricity supplier petitions the commission
5226-under subsection (h), the electricity supplier shall:
5227-(1) provide a copy of the petition and plan to the office of utility
5228-consumer counselor; and
5229-(2) post an electronic copy of the petition and plan on the
5230-electricity supplier's Internet web site. website. The electricity
5231-supplier may redact confidential or proprietary information.
5232-(j) In making a determination of the overall reasonableness of a plan
5233-submitted under subsection (h), the commission shall consider the
5234-following:
5235-(1) Projected changes in customer consumption of electricity
5236-resulting from the implementation of the plan.
5237-(2) A cost and benefit analysis of the plan, including the
5238-likelihood of achieving the goals of the energy efficiency
5239-HEA 1050 123
5240-programs included in the plan.
5241-(3) Whether the plan is consistent with the following:
5242-(A) The state energy analysis developed by the commission
5243-under section 3 of this chapter.
5244-(B) The electricity supplier's most recent long range integrated
5245-resource plan submitted to the commission.
5246-(4) The inclusion and reasonableness of procedures to evaluate,
5247-measure, and verify the results of the energy efficiency programs
5248-included in the plan, including the alignment of the procedures
5249-with applicable environmental regulations, including federal
5250-regulations concerning credits for emission reductions.
5251-(5) Any undue or unreasonable preference to any customer class
5252-resulting, or potentially resulting, from the implementation of an
5253-energy efficiency program or from the overall design of a plan.
5254-(6) Comments provided by customers, customer representatives,
5255-the office of utility consumer counselor, and other stakeholders
5256-concerning the adequacy and reasonableness of the plan,
5257-including alternative or additional means to achieve energy
5258-efficiency in the electricity supplier's service territory.
5259-(7) The effect, or potential effect, in both the long term and the
5260-short term, of the plan on the electric rates and bills of customers
5261-that participate in energy efficiency programs compared to the
5262-electric rates and bills of customers that do not participate in
5263-energy efficiency programs.
5264-(8) The lost revenues and financial incentives associated with the
5265-plan and sought to be recovered or received by the electricity
5266-supplier.
5267-(9) The electricity supplier's current integrated resource plan and
5268-the underlying resource assessment.
5269-(10) Any other information the commission considers necessary.
5270-(k) If, after notice and hearing, the commission determines that an
5271-electricity supplier's plan is reasonable in its entirety, the commission
5272-shall:
5273-(1) approve the plan in its entirety;
5274-(2) allow the electricity supplier to recover all associated program
5275-costs on a timely basis through a periodic rate adjustment
5276-mechanism; and
5277-(3) allocate and assign costs associated with a program to the
5278-class or classes of customers that are eligible to participate in the
5279-program.
5280-(l) If, after notice and hearing, the commission determines that an
5281-electricity supplier's plan is not reasonable because the costs associated
5282-HEA 1050 124
5283-with one (1) or more programs included in the plan exceed the
5284-projected benefits of the program or programs, the commission:
5285-(1) may exclude the program or programs and approve the
5286-remainder of the plan; and
5287-(2) shall allow the electricity supplier to recover only those
5288-program costs associated with the portion of the plan approved
5289-under subdivision (1) on a timely basis through a periodic rate
5290-adjustment mechanism.
5291-(m) If, after notice and hearing, the commission determines that an
5292-electricity supplier's plan is not reasonable in its entirety, the
5293-commission shall issue an order setting forth the reasons supporting its
5294-determination. The electricity supplier shall submit a modified plan
5295-within a reasonable time. After notice and hearing, the commission
5296-shall issue an order approving or denying the modified plan. If the
5297-commission approves the modified plan, the commission shall allow
5298-the electricity supplier to recover program costs associated with the
5299-modified plan on a timely basis through a periodic rate adjustment
5300-mechanism.
5301-(n) The commission may not:
5302-(1) require an energy efficiency program to be implemented by a
5303-third party administrator; or
5304-(2) in making a determination of reasonableness under subsection
5305-(j), consider whether a third party administrator implements an
5306-energy efficiency program.
5307-(o) If the commission finds a plan submitted by an electricity
5308-supplier under subsection (h) to be reasonable, the commission shall
5309-allow the electricity supplier to recover or receive the following:
5310-(1) Reasonable financial incentives that:
5311-(A) encourage implementation of cost effective energy
5312-efficiency programs; or
5313-(B) eliminate or offset regulatory or financial bias:
5314-(i) against energy efficiency programs; or
5315-(ii) in favor of supply side resources.
5316-(2) Reasonable lost revenues.
5317-A retail rate adjustment mechanism proposed by an electricity supplier
5318-under this section to implement the timely recovery of program costs
5319-(including reasonable lost revenues) may be based on a reasonable
5320-forecast, with consideration given to the electricity supplier's historical
5321-lost revenue forecasting accuracy. If forecasted data is used, the retail
5322-rate adjustment mechanism must include a reconciliation mechanism
5323-to correct for any variance between the forecasted program costs
5324-(including reasonable lost revenues and financial incentives) and the
5325-HEA 1050 125
5326-actual program costs (including reasonable lost revenues and financial
5327-incentives based on the evaluation, measurement, and verification of
5328-the energy efficiency programs under the plan).
5329-(p) An industrial customer (as defined in section 9(e) of this
5330-chapter) may opt out of an electricity supplier's plan under this section
5331-by following the procedure set forth in section 9(f) and 9(g) of this
5332-chapter. The opt out of an industrial customer who has previously
5333-complied with the procedure set forth in section 9(f) of this chapter
5334-constitutes an opt out of an electricity supplier's plan under this section.
5335-An industrial customer may follow the procedure set forth in section
5336-9(g) of this chapter to opt back in.
5337-(q) The commission shall adopt:
5338-(1) rules under IC 4-22-2; or
5339-(2) guidelines;
5340-to assist electricity suppliers and industrial customers in complying
5341-with this section.
5342-SECTION 118. IC 8-1-22.6-10, AS ADDED BY P.L.110-2007,
5343-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5344-JULY 1, 2025]: Sec. 10. (a) The pipeline company shall provide the
5345-division with a list of landowners that will be affected by the proposed
5346-construction of a pipeline or a segment of a pipeline in Indiana. The list
5347-must include all affected landowners that the pipeline company must
5348-provide notice to under IC 32-24-1-3(g).
5349-(b) The division shall send, by certified mail, the following to each
5350-affected landowner:
5351-(1) A copy of, or reference to, the guidelines adopted by the
5352-division.
5353-(2) A notice that includes the following:
5354-(A) A statement that the division has adopted the pipeline
5355-construction guidelines included with, or referenced in, the
5356-notice.
5357-(B) A statement indicating that the pipeline construction
5358-guidelines have been mailed to the pipeline company. The
5359-statement required by this clause must specify a date after
5360-which the affected landowner may contact a toll free telephone
5361-number established by the division to provide information on
5362-the status of any construction guidelines agreed to by the
5363-pipeline company.
5364-(C) A statement indicating that any guidelines agreed to by the
5365-pipeline company shall not be binding on the pipeline
5366-company or affected landowners but may be used by the
5367-pipeline company and an individual landowner to simplify
5368-HEA 1050 126
5369-negotiations involved in establishing a price for any:
5370-(i) easement; or
5371-(ii) other interest in land;
5372-needed by the pipeline company to construct the pipeline.
5373-(D) A statement encouraging the affected landowner to agree
5374-to any construction guidelines that the pipeline company
5375-agrees to follow, to the extent that the landowner determines
5376-that the guidelines are not contrary to the landowner's best
5377-interests.
5378-(E) A statement including:
5379-(i) contact information for the one (1) or more project
5380-coordinators designated by the division under section 12 of
5381-this chapter;
5382-(ii) contact information for the Federal Energy Regulatory
5383-Commission, including a local or toll free telephone
5384-number; and
5385-(iii) the commission's web site website address.
5386-(c) The division shall mail the information required under
5387-subsection (b) not later than twenty (20) days after the division is
5388-notified by the pipeline company of the proposed route and is provided
5389-with a list of the affected landowners as required by subsection (a).
5390-SECTION 119. IC 8-1-22.6-12, AS ADDED BY P.L.110-2007,
5391-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5392-JULY 1, 2025]: Sec. 12. For each proposed or ongoing pipeline project
5393-in Indiana, the director of the division shall designate one (1) or more
5394-employees of the division to serve as project coordinators for the
5395-division. The director shall ensure that one (1) or more of the
5396-coordinators designated under this section are responsible for the
5397-following duties concerning the project:
5398-(1) Monitoring all:
5399-(A) filings with; and
5400-(B) proceedings before;
5401-the Federal Energy Regulatory Commission.
5402-(2) Attending all public hearings or meetings concerning the
5403-project that are held in Indiana.
5404-(3) Receiving and responding to questions and complaints about
5405-the project from Indiana residents.
5406-(4) Updating the information required to be made available on the
5407-commission's web site website under section 13 of this chapter.
5408-(5) Any other duties assigned by the director of the division.
5409-SECTION 120. IC 8-1-22.6-13, AS ADDED BY P.L.110-2007,
5410-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5411-HEA 1050 127
5412-JULY 1, 2025]: Sec. 13. (a) The division shall make the following
5413-available on the commission's web site: website:
5414-(1) A link to the guidelines adopted by the division.
5415-(2) For each proposed or ongoing pipeline construction project in
5416-Indiana, the following information:
5417-(A) A description of the pipeline company and the pipeline
5418-project, including:
5419-(i) the pipeline's location, purpose, and construction
5420-schedule; and
5421-(ii) the docket number assigned to the project by the Federal
5422-Energy Regulatory Commission.
5423-(B) Contact information for the pipeline company, including
5424-a local or toll free telephone number.
5425-(C) Contact information for the Federal Energy Regulatory
5426-Commission, including a local or toll free telephone number.
5427-(D) Contact information for the one (1) or more project
5428-coordinators designated under section 12 of this chapter to
5429-receive and respond to questions and complaints from Indiana
5430-residents.
5431-(E) Information on public hearings or meetings that are
5432-scheduled in connection with the pipeline project.
5433-(F) Other information concerning the pipeline project that the
5434-division considers relevant or of likely concern to Indiana
5435-residents.
5436-(b) The division shall update the information required under
5437-subsection (a)(1) whenever:
5438-(1) one (1) or more guidelines adopted by the division are revised
5439-or superseded by the division; or
5440-(2) one (1) or more new guidelines are adopted by the division.
5441-(c) The division shall update the information required under
5442-subsection (a)(2) on a regular basis throughout the course of a pipeline
5443-project. The division shall ensure that all information on the division's
5444-web site website concerning a pipeline project is accurate, current, and
5445-accessible. The director of the division shall assign the responsibility
5446-of complying with this subsection to one (1) or more project
5447-coordinators designated under section 12 of this chapter.
5448-SECTION 121. IC 8-1-31.6-6, AS AMENDED BY P.L.6-2024,
5449-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5450-JULY 1, 2025]: Sec. 6. (a) As used in this section, "occupant", with
5451-respect to any:
5452-(1) building;
5453-(2) structure; or
5454-HEA 1050 128
5455-(3) dwelling;
5456-that is served by a lead service line, means a person in actual
5457-possession of and residing in or occupying the building, structure, or
5458-dwelling.
5459-(b) As used in this section, "owner", with respect to any:
5460-(1) building;
5461-(2) structure; or
5462-(3) dwelling;
5463-that is served by a lead service line, means a person who has legal title
5464-to the building, structure, or dwelling, as indicated by the property tax
5465-records of the county in which the property is located, or by the account
5466-or other customer or billing records maintained by the water utility with
5467-respect to the property, regardless of whether the person is in actual
5468-possession of and residing in or occupying the building, structure, or
5469-dwelling.
5470-(c) Before a water utility is authorized to include customer lead
5471-service line improvements as eligible infrastructure improvements for
5472-purposes of IC 8-1-31, for a public utility, or for purposes of this
5473-chapter, for a municipally owned utility, the commission must first
5474-approve the water utility's plan for the replacement of the customer
5475-owned portion of the lead service lines within or connected to the water
5476-utility's system. The water utility's plan must address the following:
5477-(1) The availability of grants or low interest loans and how the
5478-water utility plans to use available grants or low interest loans to
5479-help the water utility finance or reduce the cost of the customer
5480-lead service line improvements for the water utility and the water
5481-utility's customers, including any arrangements for the customer
5482-to receive available grants or financing directly.
5483-(2) A description of how the replacement of customer owned lead
5484-service lines will be accomplished in conjunction with
5485-distribution system infrastructure replacement projects.
5486-(3) The estimated savings in costs per service line that would be
5487-realized by the water utility replacing the customer owned portion
5488-of the lead service lines versus the anticipated replacement costs
5489-if customers were required to replace the customer owned portion
5490-of the lead service lines.
5491-(4) The number of lead mains and lead service lines estimated to
5492-be part of the water utility's system.
5493-(5) A range for the number of customer owned lead service lines
5494-estimated to be replaced annually.
5495-(6) A range for the total feet of lead mains estimated to be
5496-replaced annually.
5497-HEA 1050 129
5498-(7) The water utility's proposal for addressing the costs of unusual
5499-site restoration work necessitated by structures or improvements
5500-located above the customer owned portion of the lead service
5501-lines.
5502-(8) The water utility's proposal for communicating with the
5503-customer the availability of the water utility's plan to replace the
5504-customer owned portion of the lead service line in conjunction
5505-with the water utility's replacement of the utility owned portion of
5506-the lead service line.
5507-(9) The water utility's proposal concerning whether the water
5508-utility or the customer will be responsible for future replacement
5509-or repair of the portion of the new service line corresponding to
5510-the previous customer owned lead service line.
5511-(10) The estimated total cost to replace all customer owned
5512-portions of the lead service lines within or connected to the water
5513-utility's system and an estimated range for the annual cost to be
5514-incurred by the water utility under the water utility's plan.
5515-(d) Notwithstanding the terms of a water utility's plan for the
5516-replacement of the customer owned portion of the lead service lines
5517-within or connected to the water utility's system, the following apply to
5518-the owner of a building, structure, or dwelling that is served by a
5519-customer owned lead service line within or connected to the water
5520-utility's system:
5521-(1) Upon request by the water utility, the owner of a building,
5522-structure, or dwelling, other than a multi-family residential
5523-property that contains more than four (4) dwelling units, shall
5524-replace, or cause to be replaced, the customer owned portion of
5525-the lead service line by either of the following methods:
5526-(A) Enrolling in the lead service line replacement program
5527-offered by the water utility and, after enrolling, allowing the
5528-water utility or the water utility's agents to access the owner's
5529-property, at no cost to the water utility, to conduct the
5530-replacement in accordance with the water utility's plan.
5531-(B) Replacing the customer owned portion of the lead service
5532-line through the owner's own agents or contractors and at the
5533-owner's own expense. If the owner elects to replace the
5534-customer owned portion of the lead service line under this
5535-clause, the replacement must be completed not later than
5536-forty-five (45) days after the water utility first communicates
5537-to the owner the availability of the water utility's program to
5538-replace the customer owned portion of the lead service line.
5539-(2) If the owner of a building, structure, or dwelling, other than a
5540-HEA 1050 130
5541-multi-family residential property that contains more than four (4)
5542-dwelling units:
5543-(A) does not enroll in the lead service line replacement
5544-program offered by the water utility;
5545-(B) does not replace the customer owned portion of the lead
5546-service line through the owner's own agents or contractors and
5547-at the owner's own expense within the forty-five (45) day
5548-period described in subdivision (1)(B); or
5549-(C) fails to communicate with the water utility, or is
5550-nonresponsive to the water utility's attempted communications,
5551-regarding the replacement of the customer owned portion of
5552-the lead service line;
5553-the water utility or the water utility's agent may, after the
5554-expiration of the forty-five (45) day period described in
5555-subdivision (1)(B), enter the property to replace the customer
5556-owned portion of the lead service line without having obtained the
5557-permission of the owner with respect to the entry or the
5558-replacement. A water utility, including an agent of the water
5559-utility, that enters an owner's property and conducts a replacement
5560-under this subdivision shall be held harmless by and is not liable
5561-to the owner with respect to the entry or the replacement. If the
5562-property is occupied by an occupant other than the owner, and the
5563-occupant grants the water utility or the water utility's agent access
5564-to the property to conduct a replacement under this subdivision,
5565-the occupant shall also be held harmless by and is also not liable
5566-to the owner with respect to the entry or the replacement.
5567-Notwithstanding the terms of the water utility's plan for the
5568-replacement of customer owned lead service lines, a water utility
5569-that conducts a replacement under this subdivision is not liable
5570-for any property restoration costs necessitated by the replacement
5571-and that exceed five hundred dollars ($500). The owner is
5572-responsible for the completion and cost of any property
5573-restoration work necessitated by the replacement and exceeding
5574-the five hundred dollar ($500) limit set forth in this subdivision.
5575-A water utility that enters an owner's property as permitted under
5576-this subdivision is not liable to the owner for any cost for access
5577-to, or for an easement on, the property.
5578-(3) Upon request by the water utility, the owner of a multi-family
5579-residential property that contains more than four (4) dwelling
5580-units may elect to participate in the water utility's lead service line
5581-replacement program. An owner shall communicate to the water
5582-utility the owner's election to participate in the water utility's
5583-HEA 1050 131
5584-program under this subdivision not later than forty-five (45) days
5585-after receiving the water utility's request. If the owner does not
5586-communicate the owner's election to participate in the water
5587-utility's program within the forty-five (45) day period set forth in
5588-this subdivision, the owner, or any future owner of the property,
5589-is responsible for replacing the customer owned portion of the
5590-lead service line through the owner's own agents or contractors
5591-and at the owner's own expense.
5592-(4) In any case in which the conditions set forth in subdivision (2)
5593-apply and in which the water utility attempts to avail itself of the
5594-remedies set forth in subdivision (2) but is prevented from doing
5595-so by the owner of the property, the water utility may, in
5596-accordance with state law and rules adopted by the commission,
5597-disconnect water service to the property. Before water service
5598-may be restored to the property, the owner must provide the water
5599-utility with proof that:
5600-(A) the owner has enrolled in the water utility's lead service
5601-line replacement program under subdivision (1)(A); or
5602-(B) the customer owned service line has been replaced in
5603-accordance with subdivision (1)(B).
5604-(5) In the case of any:
5605-(A) building;
5606-(B) structure; or
5607-(C) dwelling;
5608-that the water utility has determined, in accordance with any
5609-applicable law, to be abandoned or unserviceable, the water utility
5610-may disconnect water service to the property and require the
5611-owner, or any future owner, of the property to install a new
5612-service line through the owner's own agents or contractors and at
5613-the owner's own expense.
5614-(6) The provisions set forth in this subsection may be
5615-incorporated into a water utility's plan that has been previously
5616-approved by the commission under this section. A water utility
5617-that incorporates the provisions set forth in this subsection into a
5618-previously approved plan is not required to obtain any additional
5619-approval from the commission with respect to the incorporated
5620-provisions.
5621-(e) The commission shall approve a water utility's plan if the
5622-commission finds the plan to be reasonable and in the public interest.
5623-Subject to subsection (f), in general rate cases following the approval
5624-of a public utility's plan, the commission shall for ratemaking purposes
5625-add to the value of the public utility's property for purposes of
5626-HEA 1050 132
5627-IC 8-1-2-6 the actual costs incurred by the public utility in replacing
5628-the customer owned portion of the lead service lines and in removing
5629-customer owned lead service lines from service in accordance with the
5630-public utility's plan, notwithstanding the continued ownership of the
5631-service line by the customer.
5632-(f) To the extent a water utility incurs an annual cost under the water
5633-utility's plan in excess of the range set forth in subsection (c)(10) and
5634-approved by the commission under subsection (e), the additional costs
5635-are not eligible for the ratemaking treatment provided for in this section
5636-or in section 7, 8, or 10 of this chapter.
5637-SECTION 122. IC 8-1-32.3-15, AS AMENDED BY P.L.9-2022,
5638-SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5639-JULY 1, 2025]: Sec. 15. (a) This chapter applies to permits issued by
5640-a permit authority to a communications service provider, under local
5641-law and consistent with IC 36-7, for the following:
5642-(1) Construction of a new wireless support structure.
5643-(2) Substantial modification of a wireless support structure.
5644-(3) Collocation of wireless facilities on an existing structure.
5645-(4) Construction, placement, and use of small cell facilities.
5646-(b) A permit authority may not require an application or a permit
5647-for, or charge fees for, any of the following:
5648-(1) The routine maintenance of wireless facilities.
5649-(2) The replacement of wireless facilities with wireless facilities
5650-that are:
5651-(A) substantially similar to; or
5652-(B) the same size or smaller than;
5653-the wireless facilities being replaced.
5654-(3) The installation, placement, maintenance, or replacement of
5655-micro wireless facilities that are suspended on cables strung
5656-between existing utility poles in compliance with applicable codes
5657-by a communications service provider that is authorized to use the
5658-public rights-of-way. For purposes of this subdivision, "applicable
5659-codes" means uniform building, fire, electrical, plumbing, or
5660-mechanical codes that are:
5661-(A) adopted by a recognized national code organization; and
5662-(B) enacted solely to address imminent threats of destruction
5663-of property or injury to persons;
5664-including any local amendments to those codes.
5665-(c) With respect to the construction, placement, or use of a small
5666-cell facility and the associated supporting structure, a permit authority
5667-may prohibit the placement of a new utility pole or a new wireless
5668-support structure in a right-of-way within an area that is designated
5669-HEA 1050 133
5670-strictly for underground or buried utilities, if all of the following apply:
5671-(1) The area is designated strictly for underground or buried
5672-utilities before May 1, 2017.
5673-(2) No above ground:
5674-(A) wireless support structure;
5675-(B) utility pole; or
5676-(C) other utility superstructure;
5677-other than light poles or small cell facilities approved as part of a
5678-waiver process described in subdivision (3)(C), exists in the area.
5679-(3) The permit authority does all of the following:
5680-(A) Allows the collocation of small cell facilities on existing:
5681-(i) utility poles;
5682-(ii) light poles; and
5683-(iii) wireless support structures;
5684-as a permitted use within the area.
5685-(B) Allows the replacement or improvement of existing:
5686-(i) utility poles;
5687-(ii) light poles; and
5688-(iii) wireless support structures;
5689-as a permitted use within the area.
5690-(C) Provides:
5691-(i) a waiver;
5692-(ii) a zoning process; or
5693-(iii) another procedure;
5694-that addresses requests to install new utility poles or new
5695-wireless support structures within the area.
5696-(D) Upon receipt of an application for the construction,
5697-placement, or use of a small cell facility on one (1) or more
5698-new utility poles or one (1) or more new wireless support
5699-structures in an area that is designated strictly for underground
5700-or buried utilities, posts notice of the application on the permit
5701-authority's Internet web site, website, if the permit authority
5702-maintains an Internet web site. a website. The notice of the
5703-application required by this clause must include a statement
5704-indicating that the application is available to the public upon
5705-request.
5706-(4) The prohibition or other restrictions with respect to the
5707-placement of new utility poles or new wireless support structures
5708-within the area are applied in a nondiscriminatory manner.
5709-(5) The area is zoned strictly for residential land use before May
5710-1, 2017.
5711-(d) With respect to applications for the placement of one (1) or more
5712-HEA 1050 134
5713-small cell facilities in an area that is zoned strictly for residential land
5714-use, and that is designated strictly for underground or buried utilities,
5715-a permit authority shall allow a neighborhood association or a
5716-homeowners association to register with the permit authority to:
5717-(1) receive notice; and
5718-(2) request that homeowners within the jurisdiction of the
5719-neighborhood association or homeowners association receive
5720-notice;
5721-by United States mail or by electronic mail of any application filed with
5722-the permit authority for a permitted use described in subsection
5723-(c)(3)(A) or (c)(3)(B) or for the construction, placement, or use of a
5724-small cell facility on one (1) or more new utility poles or one (1) or
5725-more new wireless support structures in an area that is designated
5726-strictly for underground or buried utilities and that is within the
5727-jurisdiction of the neighborhood association or homeowners
5728-association. If the permit authority maintains an Internet web site, a
5729-website, the permit authority shall post on the permit authority's
5730-Internet web site website instructions for how a neighborhood
5731-association or homeowners association may register to receive notice
5732-under this subsection. A permit authority that receives a request under
5733-subdivision (2) may agree to provide notice to homeowners regarding
5734-a project for which applications described in this subsection have been
5735-filed with the permit authority, but not provide notice to homeowners
5736-regarding each permit application filed with the permit authority with
5737-respect to the project. A permit authority that receives a request under
5738-subdivision (2) may agree to provide notice only to certain
5739-homeowners. A permit authority may require a neighborhood
5740-association, homeowners association, or homeowner to pay the cost of
5741-postage associated with the mailed provision of notice to the
5742-neighborhood association, homeowners association, or homeowner
5743-under this subsection. A permit authority that chooses to provide
5744-mailed notice under this subsection at its own cost may choose to pass
5745-those costs along to a permit applicant. Any mailing costs passed
5746-through to an applicant under this subsection are not in addition to the
5747-application fee, and shall not increase the application fee beyond the
5748-limit set forth in section 26(a)(3) of this chapter. A permit authority
5749-may not pass through to an applicant any costs for notices provided
5750-electronically.
5751-(e) This subsection does not apply to an application for a permitted
5752-use described in subsection (c)(3)(A) or (c)(3)(B). With respect to an
5753-area that is designated strictly for underground or buried utilities in
5754-accordance with subsection (c), to establish the standards that will
5755-HEA 1050 135
5756-apply in a waiver, zoning process, or other procedure described in
5757-subsection (c)(3)(C), a permit authority may collaborate with a
5758-neighborhood association or a homeowners association on the preferred
5759-location and reasonable aesthetics of new utility poles or new wireless
5760-support structures added within the jurisdiction of the neighborhood
5761-association or homeowners association. For purposes of this
5762-subsection, a permit authority is considered to have collaborated with
5763-a neighborhood association or a homeowners association if the permit
5764-authority adopts neighborhood specific guidelines after providing
5765-notice and allowing public comment on the proposed guidelines. A
5766-permit authority must comply with any guidelines adopted under this
5767-subsection with respect to a particular application for a permit if:
5768-(1) the guidelines have been adopted and published before the
5769-filing of the application in a manner consistent with this
5770-subsection;
5771-(2) subject to subsection (f), compliance with the guidelines is
5772-technically feasible and cost-efficient, as determined by the
5773-applicant; and
5774-(3) compliance with the guidelines does not result in a prohibition
5775-of the applicant's service or an effective prohibition of the
5776-applicant's service.
5777-A permit authority that elects not to collaborate with a neighborhood
5778-association or a homeowners association to adopt neighborhood
5779-specific guidelines under this subsection is not precluded from using
5780-the waiver, zoning process, or other procedure described in subsection
5781-(c)(3)(C) with respect to any application to place one (1) or more new
5782-utility poles or new wireless support structures within the jurisdiction
5783-of the neighborhood association or homeowners association.
5784-(f) In demonstrating that compliance with guidelines adopted by a
5785-permit authority under subsection (e) is not technically feasible under
5786-subsection (e)(2), a permit applicant may not be required to submit
5787-information about the need for a small cell facility or the associated
5788-wireless support structure, including:
5789-(1) information about additional wireless coverage or capacity, or
5790-increased wireless speeds;
5791-(2) propagation maps or telecommunications traffic studies; or
5792-(3) information about the permit applicant's business decisions
5793-with respect to:
5794-(A) service;
5795-(B) customer demand; or
5796-(C) quality of service;
5797-to or from a particular area or site.
5798-HEA 1050 136
5799-(g) Subject to section 26(b) of this chapter, with respect to the
5800-construction, placement, or use of a small cell facility and the
5801-associated supporting structure within an area:
5802-(1) designated as a historic preservation district under IC 36-7-11;
5803-(2) designated as a historic preservation area under IC 36-7-11.1;
5804-or
5805-(3) that is subject to the jurisdiction of the Meridian Street
5806-preservation commission under IC 36-7-11.2;
5807-a permit authority may apply any generally applicable procedures that
5808-require applicants to obtain a certificate of appropriateness.
5809-(h) An applicant for the placement of a small cell facility and an
5810-associated supporting structure shall comply with applicable:
5811-(1) Federal Communications Commission requirements; and
5812-(2) industry standards;
5813-for identifying the owner's name and contact information.
5814-(i) A resolution, ordinance, or other regulation:
5815-(1) adopted by a permit authority after April 14, 2017, and before
5816-May 2, 2017; and
5817-(2) that designates an area within the jurisdiction of the permit
5818-authority as strictly for underground or buried utilities;
5819-applies only to communications service providers and those geographic
5820-areas that are zoned residential and where all existing utility
5821-infrastructure is already buried.
5822-(j) Nothing in this section extends the time periods set forth in
5823-section 20 of this chapter.
5824-SECTION 123. IC 8-1-34-30, AS AMENDED BY P.L.177-2018,
5825-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5826-JULY 1, 2025]: Sec. 30. (a) As used in this section, "designated
5827-employee" means a holder's:
5828-(1) employee; or
5829-(2) authorized agent;
5830-whom the holder designates or will designate to receive direct
5831-marketing authority.
5832-(b) As used in this section, "direct marketing authority" means the
5833-authority granted by the commission to a holder to market any service
5834-or product offered by the holder directly to all households and
5835-businesses in a service area served by the holder.
5836-(c) As used in this section, "political subdivision" has the meaning
5837-set forth in IC 36-1-2-13.
5838-(d) A holder may apply to the commission, in the manner and form
5839-prescribed by the commission, for direct marketing authority. An
5840-application must include the following information with respect to each
5841-HEA 1050 137
5842-designated employee of the holder:
5843-(1) Name.
5844-(2) Home address.
5845-(3) Driver's license number.
5846-(4) A certification described in subsection (e)(1).
5847-(e) In an application under subsection (d), a holder shall include the
5848-following:
5849-(1) A certification by the holder that each designated employee
5850-satisfies the following requirements:
5851-(A) The employee is at least eighteen (18) years of age.
5852-(B) The employee has a high school diploma or the equivalent
5853-of a high school diploma.
5854-(C) The employee has not been convicted of a felony within
5855-the seven (7) years immediately preceding the date of the
5856-application.
5857-(D) Within the seven (7) years immediately preceding the date
5858-of the application, the employee has not been released from
5859-incarceration after serving time for a felony conviction.
5860-(E) The employee has not been convicted of:
5861-(i) a misdemeanor involving fraud, deceit, or dishonesty;
5862-(ii) a battery offense included in IC 35-42-2 as a
5863-misdemeanor; or
5864-(iii) two (2) or more misdemeanors involving the illegal use
5865-of alcohol or the illegal sale, use, or possession of a
5866-controlled substance;
5867-within the five (5) years immediately preceding the date of the
5868-application.
5869-(F) The employee has a valid driver's license.
5870-(2) Proof of financial responsibility.
5871-(f) A holder may comply with subsection (e)(1) by submitting to the
5872-commission a document signed by the holder in which the holder:
5873-(1) identifies each designated employee by name, home address,
5874-and driver's license number;
5875-(2) certifies that each designated employee has been the subject
5876-of a criminal history background check for each jurisdiction in the
5877-United States in which the designated employee has lived or
5878-worked within the seven (7) years immediately preceding the date
5879-of the application; and
5880-(3) affirms that the background check described in subdivision (2)
5881-for each designated employee indicates that the designated
5882-employee satisfies the requirements set forth in subsection (e)(1),
5883-as applicable.
5884-HEA 1050 138
5885-(g) Not more than fifteen (15) days after the commission receives an
5886-application under subsection (d), the commission shall determine
5887-whether the application is complete and properly verified. If the
5888-commission determines that the application is incomplete or not
5889-properly verified, the commission shall notify the applicant holder of
5890-the deficiency and allow the holder to resubmit the application after
5891-correcting the deficiency. If the commission determines that the
5892-application is complete and properly verified, the commission shall
5893-issue an order granting the holder direct marketing authority. The order
5894-must contain the following:
5895-(1) The name of the holder.
5896-(2) The names of designated employees of the holder.
5897-(3) A grant of direct marketing authority to the holder and
5898-designated employees of the holder.
5899-(4) The date on which the order takes effect.
5900-The commission shall provide public notice of an order granting direct
5901-marketing authority under this subsection by posting the order on the
5902-commission's Internet web site. website.
5903-(h) A holder that has direct marketing authority shall notify the
5904-commission in a timely manner of any changes to the holder's list of
5905-designated employees. A designated employee may exercise direct
5906-marketing authority immediately upon the holder's submission to the
5907-commission of all information required under subsection (e)(1) with
5908-respect to the designated employee.
5909-(i) Only the commission is authorized to grant direct marketing
5910-authority to a holder under this section. However, subject to subsection
5911-(j), with respect to direct marketing activities in a holder's service area
5912-within a political subdivision, this section does not prohibit a holder
5913-from electing to:
5914-(1) apply for marketing or solicitation authority directly from the
5915-political subdivision; and
5916-(2) exercise any marketing or solicitation authority under a
5917-license, permit, or other authority granted by the political
5918-subdivision before, on, or after June 30, 2013;
5919-instead of applying for and exercising direct marketing authority
5920-granted by the commission under this section.
5921-(j) A political subdivision may not do any of the following:
5922-(1) Require a holder that is granted direct marketing authority
5923-from the commission under this section to also obtain marketing
5924-or solicitation authority from the political subdivision in order to
5925-engage in direct marketing in the holder's service area within the
5926-political subdivision.
5927-HEA 1050 139
5928-(2) Impose any licensing requirement or fee on a holder in
5929-connection with any direct marketing authority granted to the
5930-holder by the commission under this section with respect to the
5931-holder's service area within the political subdivision.
5932-(3) Except as provided in subsection (k), otherwise regulate a
5933-holder that is granted direct marketing authority from the
5934-commission under this section and that engages in direct
5935-marketing in the holder's service area within the political
5936-subdivision.
5937-(k) A political subdivision may enforce any ordinance or regulation
5938-that:
5939-(1) imposes restrictions as to the hours or manner in which direct
5940-marketing activities may be performed in the political
5941-subdivision; and
5942-(2) applies uniformly to all persons engaging in direct marketing
5943-or other soliciting in the political subdivision, regardless of:
5944-(A) the product or service being marketed; or
5945-(B) the type of business engaged in by the person engaging in
5946-the direct marketing or other soliciting.
5947-SECTION 124. IC 8-2-17-2, AS AMENDED BY P.L.152-2021,
5948-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5949-JULY 1, 2025]: Sec. 2. The legislative body shall not grant a license to
5950-the applicant until satisfactory evidence is produced showing that the
5951-application has been on file in the office of the city or town clerk for
5952-not less than fourteen (14) days and that notice of the filing of the
5953-application has been posted for at least two (2) weeks at the door of the
5954-city hall of any city or at some public place in any town and published
5955-once each week for two (2) consecutive weeks:
5956-(1) with each publication of the notice made in a newspaper of
5957-general circulation in the city or town or where there is no
5958-newspaper, notice by posting is sufficient notice; or
5959-(2) with the first publication made in a newspaper described in
5960-subdivision (1) and the second publication:
5961-(A) in accordance with IC 5-3-5; and
5962-(B) on the official web site website of the city or town.
5963-SECTION 125. IC 8-2.1-28-5 IS REPEALED [EFFECTIVE JULY
5964-1, 2025]. Sec. 5. The department may adopt rules under IC 4-22-2 to
5965-carry out this chapter.
5966-SECTION 126. IC 8-10-5-1, AS AMENDED BY P.L.152-2021,
5967-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5968-JULY 1, 2025]: Sec. 1. As used in The following definitions apply
5969-throughout this chapter:
5970-HEA 1050 140
5971-(1) "Port authority" means a port authority created pursuant to
5972-authority of this chapter.
5973-(2) The terms "port" or "harbor" may be used interchangeably and
5974-when used in this chapter shall mean any area used for servicing,
5975-storing, protecting, mooring, loading or unloading, or repairing
5976-any watercraft, on or adjacent to any body of water which may be
5977-wholly or partially within or wholly or partially adjacent to the
5978-state of Indiana. The terms include a breakwater area.
5979-(3) The term "watercraft" shall mean any vessel, barge, boat, ship,
5980-tug, sailingcraft, skiff, raft, inboard or outboard propelled boat, or
5981-any contrivance known on March 13, 1959, or invented after
5982-March 13, 1959, used or designed for navigation of or use upon
5983-water, including a vessel permanently anchored in a port.
5984-(4) "Publication" means publication once a week for two (2)
5985-consecutive weeks:
5986-(A) with each publication of notice made in a newspaper of
5987-general circulation in the city, county, or counties where
5988-publication is required to be made; or
5989-(B) with the first publication of notice made in a newspaper
5990-described in clause (A) and the second publication of notice:
5991-(i) in accordance with IC 5-3-5; and
5992-(ii) on the official web site website of the city, county, or
5993-counties where publication is required to be made.
5994-(5) The term "governing body" shall mean the legislative
5995-authority of the governmental unit or units establishing or having
5996-established a port authority under the provisions of this chapter.
5997-SECTION 127. IC 8-14-9-6, AS AMENDED BY P.L.152-2021,
5998-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5999-JULY 1, 2025]: Sec. 6. (a) A resolution adopted under section 5 of this
6000-chapter shall be made available for public inspection. The board shall
6001-publish notice of the adoption. The notice must contain a general
6002-description of the resolution, and it must indicate that the resolution
6003-and included materials may be inspected at a specified location.
6004-(b) The notice shall be published once each week for two (2)
6005-consecutive weeks:
6006-(1) with each publication of notice in one (1) newspaper of
6007-general circulation within the local county road and bridge
6008-district; or
6009-(2) with the first publication of notice in a newspaper described
6010-in subdivision (1) and the second publication of notice:
6011-(A) in accordance with IC 5-3-5; and
6012-(B) on the official web site website of the county in which the
6013-HEA 1050 141
6014-district is located.
6015-(c) The notice shall specify a date, not less than ten (10) days after
6016-the date of last publication, on which the board will conduct a hearing
6017-at which interested or affected parties may object to the resolution.
6018-SECTION 128. IC 8-15.5-4-1.5, AS AMENDED BY P.L.218-2017,
6019-SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6020-JULY 1, 2025]: Sec. 1.5. (a) This section applies only to a toll road
6021-project and not to a freeway project or a facility project.
6022-(b) The authority may not issue a request for proposals for a toll
6023-road project under this article unless the authority has received a
6024-preliminary feasibility study and an economic impact study for the
6025-project from the department, conducted a public hearing, and
6026-concluded the periods for public comments and the authority's replies.
6027-(c) The economic impact study must, at a minimum, include an
6028-analysis of the following matters with respect to the proposed project:
6029-(1) Economic impacts on existing commercial and industrial
6030-development.
6031-(2) Potential impacts on employment.
6032-(3) Potential for future development near the project area,
6033-including consideration of locations for interchanges that will
6034-maximize opportunities for development.
6035-(4) Fiscal impacts on revenues to local units of government.
6036-(5) Demands on government services, such as public safety,
6037-public works, education, zoning and building, and local airports.
6038-The authority shall post a copy of the economic impact study on the
6039-authority's Internet web site website and shall also provide copies of
6040-the study to the governor and the legislative council (in an electronic
6041-format under IC 5-14-6).
6042-(d) After completion of the economic impact study, the authority
6043-must conduct a public hearing on the results of the study in the county
6044-seat of the county in which the proposed project would be located. At
6045-least ten (10) days before each public hearing, the authority shall:
6046-(1) post notice of the public hearing on the authority's Internet
6047-web site; website;
6048-(2) publish notice of the public hearing one (1) time in accordance
6049-with IC 5-3-1 in two (2) newspapers of general circulation in the
6050-county; and
6051-(3) include in the notices under subdivisions (1) and (2):
6052-(A) the date, time, and place of the hearing;
6053-(B) the subject matter of the hearing;
6054-(C) a description of the purpose of the economic impact study;
6055-(D) a description of the proposed project and its location; and
6056-HEA 1050 142
6057-(E) a statement concerning the availability of the study on the
6058-authority's Internet web site. website.
6059-At the hearing, the authority shall allow the public to be heard on the
6060-economic impact study and the proposed project.
6061-(e) For the thirty (30) days following the public hearing on the
6062-results of the economic impact study, the authority shall receive
6063-comments from the public on the proposed project. The comments may
6064-address any aspect of the proposed project.
6065-(f) Within fifteen (15) days following the close of the public
6066-comment period, the authority shall publish on the authority's Internet
6067-web site website the authority's replies to the public comments
6068-submitted to the authority during the public comment period.
6069-SECTION 129. IC 8-15.5-4-9, AS AMENDED BY P.L.91-2014,
6070-SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6071-JULY 1, 2025]: Sec. 9. (a) If the authority makes a preliminary
6072-selection of an operator under section 8 of this chapter, the authority
6073-shall schedule a public hearing on the preliminary selection and the
6074-terms of the public-private agreement for the project. The hearing shall
6075-be conducted in the county seat of any Indiana county in which the
6076-proposed project is to be located.
6077-(b) At least ten (10) days before the public hearing, the authority
6078-shall post on its Internet web site: website:
6079-(1) the proposal submitted by the offeror that has been
6080-preliminarily selected as the operator for the project, except for
6081-those parts of the proposal that are confidential under this article;
6082-and
6083-(2) the proposed public-private agreement for the project.
6084-(c) At least ten (10) days before the public hearing, the authority
6085-shall:
6086-(1) post notice of the public hearing on the authority's Internet
6087-web site; website; and
6088-(2) publish notice of the hearing one (1) time in accordance with
6089-IC 5-3-1 in two (2) newspapers of general circulation in the
6090-Indiana county in which the proposed project is to be located.
6091-(d) The notices required by subsection (c) must include the
6092-following:
6093-(1) The date, time, and place of the hearing.
6094-(2) The subject matter of the hearing.
6095-(3) A description of the project and of the public-private
6096-agreement to be awarded.
6097-(4) The identity of the offeror that has been preliminarily selected
6098-as the operator for the project.
6099-HEA 1050 143
6100-(5) The address and telephone number of the authority.
6101-(6) A statement indicating that, subject to section 6 of this
6102-chapter, and except for those portions that are confidential under
6103-this chapter, the following are available on the authority's Internet
6104-web site website and are also available for public inspection and
6105-copying at the principal office of the authority during regular
6106-business hours:
6107-(A) The selected offer.
6108-(B) An explanation of the basis upon which the preliminary
6109-selection was made.
6110-(C) The proposed public-private agreement for the project.
6111-(e) At the hearing, the authority shall allow the public to be heard
6112-on the preliminary selection of the operator for the proposed project
6113-and the terms of the public-private agreement for the proposed project.
6114-SECTION 130. IC 8-15.7-4-2, AS AMENDED BY P.L.163-2011,
6115-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6116-JULY 1, 2025]: Sec. 2. (a) This section establishes the competitive
6117-proposal procedure that the department shall use to enter into a
6118-public-private agreement with an operator under this article.
6119-(b) The department may pursue a competitive proposal procedure
6120-using a request for qualifications and a request for proposals process or
6121-proceed directly to a request for proposals.
6122-(c) If the department elects to use a request for qualifications phase,
6123-it must provide a public notice of the request for qualifications, for the
6124-period considered appropriate by the department, before the date set for
6125-receipt of submittals in response to the solicitation. The department
6126-shall provide the notice by posting in a designated public area and
6127-publication in a newspaper of general circulation, in the manner
6128-provided by IC 5-3-1. In addition, submittals in response to the
6129-solicitation may be solicited directly from potential offerors.
6130-(d) The department shall evaluate qualification submittals based on
6131-the requirements and evaluation criteria set forth in the request for
6132-qualifications.
6133-(e) If the department has undertaken a request for qualifications
6134-phase resulting in one (1) or more prequalified or shortlisted offerors,
6135-the request for proposals shall be limited to those offerors that have
6136-been prequalified or shortlisted.
6137-(f) If the department has not issued a request for qualifications and
6138-intends to use only a one (1) phase request for proposals procurement,
6139-the department must provide a public notice of the request for
6140-proposals for the period considered appropriate by the department,
6141-before the date set for receipt of proposals. The department shall
6142-HEA 1050 144
6143-provide the notice by posting in a designated public area and
6144-publication in a newspaper of general circulation, in the manner
6145-provided by IC 5-3-1. In addition, proposals may be solicited directly
6146-from potential offerors.
6147-(g) The department shall submit a draft of the request for proposals
6148-to the budget committee for its review before the issuance by the
6149-department of the request for proposals to potential offerors. The
6150-request for proposals must:
6151-(1) indicate in general terms the scope of work, goods, and
6152-services sought to be procured;
6153-(2) contain or incorporate by reference the specifications and
6154-contractual terms and conditions applicable to the procurement
6155-and the qualifying project;
6156-(3) specify the factors, criteria, and other information that will be
6157-used in evaluating the proposals;
6158-(4) specify any requirements or goals for use of:
6159-(A) minority business enterprises and women's business
6160-enterprises certified under IC 4-13-16.5;
6161-(B) disadvantaged business enterprises under federal or state
6162-law;
6163-(C) businesses defined under IC 5-22-15-20.5 as Indiana
6164-businesses, to the extent permitted by applicable federal and
6165-state law and regulations; and
6166-(D) businesses that qualify for a small business set-aside under
6167-IC 4-13.6-2-11;
6168-(5) if all or part of the project will consist of a tollway, require any
6169-offeror to submit a proposal based upon that part of the project
6170-that will consist of a tollway, as set forth in the request for
6171-proposals, and permit any offeror to submit one (1) or more
6172-alternative proposals based upon the assumption that a different
6173-part or none of the project will consist of a tollway;
6174-(6) contain or incorporate by reference the other applicable
6175-contractual terms and conditions; and
6176-(7) contain or incorporate by reference any other provisions,
6177-materials, or documents that the department considers
6178-appropriate.
6179-If the draft of the request for proposals submitted for review provides
6180-for any tolls, the budget committee shall hold a meeting and conduct a
6181-review of the draft of the request for proposals not later than ninety
6182-(90) days after the date the draft request for proposals is submitted for
6183-review.
6184-(h) The department shall determine the evaluation criteria that are
6185-HEA 1050 145
6186-appropriate for each project and shall set those criteria forth in the
6187-request for proposals. The department may use a selection process that
6188-results in selection of the proposal offering the best value to the public,
6189-a selection process that results in selection of the proposal offering the
6190-lowest price or cost or the highest payment to, or revenue sharing with,
6191-the department, or any other selection process that the department
6192-determines is in the best interests of the state and the public.
6193-(i) The department shall evaluate proposals based on the
6194-requirements and evaluation criteria set forth in the request for
6195-proposals.
6196-(j) The department may select one (1) or more offerors for
6197-negotiations based on the evaluation criteria set forth in the request for
6198-proposals. If the department believes that negotiations with the selected
6199-offeror or offerors are not likely to result in a public-private agreement,
6200-or, in the case of a best value selection process, no longer reflect the
6201-best value to the state and the public, the department may commence
6202-negotiations with other responsive offerors, if any, and may suspend,
6203-terminate, or continue negotiations with the original offeror or offerors.
6204-If negotiations are unsuccessful, the department shall terminate the
6205-procurement, may not award the public-private agreement, and may
6206-commence a new procurement for a public-private agreement. If the
6207-department determines that negotiations with an offeror have been
6208-successfully completed, the department shall, subject to the other
6209-requirements of this article, award the public-private agreement to the
6210-offeror.
6211-(k) Before awarding a public-private agreement to an operator, the
6212-department shall schedule a public hearing on the preliminary selection
6213-of the operator and the terms of the proposed public-private agreement.
6214-The hearing shall be conducted in the county seat of the county that
6215-would be an affected jurisdiction for purposes of the proposed project.
6216-The department shall do the following:
6217-(1) At least ten (10) days before the public hearing, post on the
6218-department's Internet web site: website:
6219-(A) the proposal submitted by the offeror that has been
6220-preliminarily selected as the operator for the project, except for
6221-those parts of the proposal that are confidential under this
6222-article; and
6223-(B) the proposed public-private agreement for the project.
6224-(2) At least ten (10) days before the public hearing:
6225-(A) post notice of the public hearing on the department's
6226-Internet web site; website; and
6227-(B) publish notice of the hearing one (1) time in accordance
6228-HEA 1050 146
6229-with IC 5-3-1 in two (2) newspapers of general circulation in
6230-the county that would be an affected jurisdiction for purposes
6231-of the proposed project.
6232-(3) Include the following in the notices required by subdivision
6233-(2):
6234-(A) The date, time, and place of the hearing.
6235-(B) The subject matter of the hearing.
6236-(C) A description of the agreement to be awarded.
6237-(D) The recommendation that has been made to award the
6238-agreement to an identified offeror or offerors.
6239-(E) The address and telephone number of the department.
6240-(F) A statement indicating that, subject to section 6 of this
6241-chapter, and except for those portions that are confidential
6242-under IC 5-14-3, the following are available on the
6243-department's Internet web site website and are also available
6244-for public inspection and copying at the principal office of the
6245-department during regular business hours:
6246-(i) The selected offer.
6247-(ii) An explanation of the basis upon which the preliminary
6248-selection was made.
6249-(iii) The proposed public-private agreement for the project.
6250-(l) At the hearing, the department shall allow the public to be heard
6251-on the preliminary selection of the operator and the terms of the
6252-proposed public-private agreement.
6253-(m) When the terms and conditions of multiple awards are specified
6254-in the request for proposals, awards may be made to more than one (1)
6255-offeror.
6256-SECTION 131. IC 8-23-30-9, AS ADDED BY P.L.44-2021,
6257-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6258-JULY 1, 2025]: Sec. 9. Not later than July 1, 2022, the department
6259-shall make asset management plans of local units approved under this
6260-chapter available in an electronic format specified by the department
6261-on an Internet web site a website maintained by:
6262-(1) the department; or
6263-(2) an entity contracted by the department to approve asset
6264-management plans.
6265-SECTION 132. IC 9-13-2-46 IS AMENDED TO READ AS
6266-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 46. "Driveaway or
6267-towaway", "Drive away or tow away", for purposes of IC 9-20-9-1,
6268-has the meaning set forth in IC 9-20-9-1(a).
6269-SECTION 133. IC 9-13-2-92.3, AS ADDED BY P.L.211-2023,
6270-SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6271-HEA 1050 147
6272-JULY 1, 2025]: Sec. 92.3. (a) "Lawful status" means that an individual
6273-has lawful status as:
6274-(1) a citizen or national of the United States; or
6275-(2) an alien who:
6276-(A) is lawfully admitted for permanent residence or temporary
6277-residence;
6278-(B) has conditional permanent resident status;
6279-(C) has a pending or approved application for asylum;
6280-(D) has refugee status;
6281-(E) has valid nonimmigrant status;
6282-(F) has a pending or approved application for temporary
6283-protected status;
6284-(G) has approved deferred action status; or
6285-(H) has a pending application for lawful permanent resident
6286-status or conditional permanent resident status;
6287-in the United States.
6288-(b) The term does not include parole.
6289-SECTION 134. IC 9-18.1-3-9, AS AMENDED BY P.L.9-2024,
6290-SECTION 310, IS AMENDED TO READ AS FOLLOWS
6291-[EFFECTIVE JULY 1, 2025]: Sec. 9. A person that registers a vehicle
6292-may indicate the person's desire to donate money to organizations that
6293-promote the procurement of organs for anatomical gifts. The bureau
6294-must:
6295-(1) allow the person registering the vehicle to indicate the amount
6296-the person desires to donate; and
6297-(2) provide that the minimum amount a person may donate is one
6298-dollar ($1).
6299-Funds collected under this section shall be deposited with the treasurer
6300-of state in a special account. The state comptroller shall monthly
6301-distribute the money in the special account to the anatomical gift
6302-promotion fund established by IC 16-19-3-26. The bureau may deduct
6303-from the funds collected under this subdivision section the costs
6304-incurred by the bureau in implementing and administering this
6305-subdivision. section.
6306-SECTION 135. IC 9-18.1-11-8, AS AMENDED BY P.L.111-2021,
6307-SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6308-JULY 1, 2025]: Sec. 8. (a) If a license plate or other proof of
6309-registration is stolen, the person in whose name the license plate or
6310-other proof of registration was issued shall notify:
6311-(1) the Indiana law enforcement agency that has jurisdiction
6312-where the theft occurred; or
6313-(2) the law enforcement agency that has jurisdiction over the
6314-HEA 1050 148
6315-address listed on the registration for the vehicle for which the
6316-license plate or other proof of registration was issued;
6317-that the original license plate or other proof of registration has been
6318-stolen.
6319-(b) A person may apply to the bureau to replace a license plate or
6320-other proof of registration that is lost, stolen, destroyed, or damaged.
6321-The bureau shall issue a duplicate or replacement license plate or other
6322-proof of registration after the person does the following:
6323-(1) Pays a fee of nine dollars and fifty cents ($9.50). The fee shall
6324-be distributed as follows:
6325-(A) Twenty-five cents ($0.25) to the state construction fund.
6326-(B) Fifty cents ($0.50) to the state motor vehicle technology
6327-fund.
6328-(C) One dollar ($1) to the crossroads 2000 fund.
6329-(D) One dollar and fifty cents ($1.50) to the motor vehicle
6330-highway account.
6331-(E) One dollar and twenty-five cents ($1.25) to the integrated
6332-public safety communications fund.
6333-(F) Five dollars ($5) to the commission fund.
6334-However, the bureau may waive the fee under this subsection for
6335-a duplicate certificate of registration that is processed on the
6336-Internet web site website of the bureau.
6337-(2) If the proof of registration was lost or stolen, provides proof of
6338-compliance with subsection (a) in a manner and form prescribed
6339-by the bureau.
6340-(c) A replacement proof of registration must be kept or displayed in
6341-the same manner as the original proof of registration.
6342-SECTION 136. IC 9-18.1-13-4, AS ADDED BY P.L.198-2016,
6343-SECTION 326, IS AMENDED TO READ AS FOLLOWS
6344-[EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The department of state
6345-revenue shall administer vehicle registrations that are subject to the
6346-International Registration Plan according to the terms of the
6347-International Registration Plan and rules adopted by the department of
6348-state revenue under IC 4-22-2.
6349-(b) A person that registers a vehicle under the International
6350-Registration Plan shall file electronically with the department of state
6351-revenue an application for the registration of the vehicle.
6352-(c) The department of state revenue may audit records of persons
6353-that register trucks, trailers, semitrailers, buses, and rental cars under
6354-the International Registration Plan to verify the accuracy of the
6355-application and collect or refund fees due.
6356-(d) The department of state revenue may issue a certificate of
6357-HEA 1050 149
6358-registration or a license plate for a vehicle that is:
6359-(1) subject to registration under apportioned registration of the
6360-International Registration Plan; and
6361-(2) based and titled in a state other than Indiana subject to the
6362-conditions of the plan.
6363-(e) A person that owns or leases a vehicle required to be registered
6364-under the International Registration Plan shall receive an apportioned
6365-plate and cab card as determined by the department of state revenue.
6366-(f) A distinctive cab card:
6367-(1) shall be issued for a vehicle registered under the International
6368-Registration Plan; and
6369-(2) must be carried in the vehicle.
6370-(g) The fee for a cab card issued under subsection (f) is five dollars
6371-($5). The fee for a duplicate cab card is one dollar ($1). However, the
6372-department of state revenue may waive the fee for a duplicate cab card
6373-processed on the Internet web site website of the department.
6374-(h) A recovery vehicle may be registered under the International
6375-Registration Plan and be issued an apportioned license plate.
6376-(i) The department of state revenue shall issue a document to a
6377-person applying for registration under the International Registration
6378-Plan to serve as a temporary registration authorization pending
6379-issuance of a permanent registration plate and cab card. The document
6380-must be carried in the vehicle for which the document is issued.
6381-SECTION 137. IC 9-18.5-34-5, AS ADDED BY P.L.141-2024,
6382-SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6383-JULY 1, 2025]: Sec. 5. (a) The bureau may not require a person, at the
6384-time of the renewal of:
6385-(1) a registration for a collector vehicle under IC 9-18.1-5-5;
6386-(2) a historic vehicle license plate under section 2 of this chapter;
6387-and or
6388-(3) an authentic license plate under section 3 of this chapter;
6389-to appear in person to affirm that the collector vehicle meets the
6390-requirements of IC 9-13-2-28.4.
6391-(b) The bureau may require a person to appear in person for an
6392-initial inspection to determine the authenticity of an Indiana license
6393-plate from the model year of a collector vehicle under section 4(c) of
6394-this chapter.
6395-SECTION 138. IC 9-21-3.5-14, AS ADDED BY P.L.152-2015,
6396-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6397-JULY 1, 2025]: Sec. 14. (a) The operator of a private toll facility may
6398-do the following:
6399-(1) Fix, revise, charge, and collect tolls for the use of a private toll
6400-HEA 1050 150
6401-facility by any person, partnership, association, limited liability
6402-company, or corporation desiring the use of any part of the private
6403-toll facility, including the right of way adjoining the paved portion
6404-of the private toll facility. For purposes of this subdivision, the
6405-use of a private toll facility includes the placement of telephone,
6406-telegraph, electric, or power lines on any part of the private toll
6407-facility.
6408-(2) Fix the terms, conditions, and rates of charge for use of the
6409-private toll facility, including fees for nonpayment of required
6410-tolls. However, a fee imposed for nonpayment of a required toll
6411-may not exceed fifty dollars ($50) for each unpaid toll.
6412-(3) Collect tolls and fees through manual or nonmanual methods,
6413-including automated traffic law enforcement systems, automatic
6414-vehicle identification systems, electronic toll collection systems,
6415-global positioning systems, and photo or video based toll
6416-collection or toll collection enforcement systems.
6417-(b) The operator of a private toll facility may not impose a fee under
6418-subsection (a)(2) for nonpayment of a required toll until the operator
6419-has provided notice of the unpaid toll to the toll violator in accordance
6420-with notice requirements published on the Internet web site website of
6421-the private toll facility. The operator shall include with the notice of the
6422-unpaid toll a summary of the notice requirements published on the
6423-Internet web site website of the private toll facility.
6424-SECTION 139. IC 9-21-3.5-15, AS AMENDED BY P.L.198-2016,
6425-SECTION 362, IS AMENDED TO READ AS FOLLOWS
6426-[EFFECTIVE JULY 1, 2025]: Sec. 15. (a) The operator of a private toll
6427-facility may enter into an agreement with the bureau to obtain
6428-information under IC 9-14-12 necessary to enforce violations of section
6429-9.1 of this chapter, including information regarding the registered
6430-owner of a vehicle operated in violation of section 9.1 of this chapter.
6431-(b) The bureau may use any reciprocal arrangement that applies to
6432-the bureau to obtain information for purposes of subsection (a).
6433-(c) An operator may use information provided under this section
6434-only for the purposes of this section.
6435-(d) The operator of a private toll facility shall inform the bureau of
6436-the operator's process to notify the bureau of an owner's failure to pay
6437-a fine, charge, fee, or other assessment for a toll violation following the
6438-expiration of the deadline for payment of the fine, charge, fee, or other
6439-assessment as set forth in the operator's notice requirements published
6440-on the Internet web site website of the private toll facility under section
6441-14(b) of this chapter.
6442-SECTION 140. IC 9-22-1.7-5, AS ADDED BY P.L.198-2016,
6443-HEA 1050 151
6444-SECTION 377, IS AMENDED TO READ AS FOLLOWS
6445-[EFFECTIVE JULY 1, 2025]: Sec. 5. A landowner shall do the
6446-following:
6447-(1) Request that a search be performed in the records of the
6448-bureau for the name and address of the manufactured home owner
6449-and the name and address of any person holding a lien or security
6450-interest on the manufactured home.
6451-(2) After receiving the results of the search required by
6452-subdivision (1) and after the expiration of the thirty (30) day
6453-period described in sections 3 and 4 of this chapter, give notice to
6454-all the following:
6455-(A) The manufactured home owner:
6456-(i) by certified mail, return receipt requested, to the last
6457-known address of the manufactured home owner; or
6458-(ii) in person to the manufactured home owner; or
6459-(iii) if the landowner is unable to determine the
6460-manufactured home owner's address or provide notice to the
6461-manufactured home owner in person, the landowner may
6462-satisfy the notice requirement under this subdivision by
6463-posting of the notice to the manufactured home owner on the
6464-manufactured home.
6465-(B) Any lien holder (other than the landowner) with a
6466-perfected security interest in the manufactured home either by
6467-certified mail, return receipt requested, or in person.
6468-(C) All other persons known to claim an interest in the
6469-manufactured home either by certified mail, return receipt
6470-requested, or in person.
6471-(D) The county treasurer of the county in which the
6472-manufactured home is located, by certified mail, return receipt
6473-requested, or in person.
6474-The notice must include a description of the manufactured home,
6475-a demand that the owner remove the manufactured home within
6476-a specified time not less than ten (10) days after receipt of the
6477-notice, a conspicuous statement that unless the manufactured
6478-home is removed within that time, the manufactured home will be
6479-advertised for sale by auction at a specified time and place, and
6480-a conspicuous statement that, in the case of a sale by auction of
6481-the manufactured home, a person or lienholder other than the
6482-county treasurer that fails to appear at the auction, or otherwise
6483-participate in the auction, waives any right the person may have
6484-as a lien holder in the manufactured home and any other rights
6485-that the person may have regarding the sale of the manufactured
6486-HEA 1050 152
6487-home. In addition, the notice must include a statement that, if the
6488-manufactured home is removed before the auction takes place, all
6489-statutory liens against the manufactured home under
6490-IC 16-41-27-29 and all debts owed to the landowner that are
6491-associated with the placement of the manufactured home on the
6492-landowner's property must be paid.
6493-(3) After the expiration of the ten (10) day period in subdivision
6494-(2), advertise that the manufactured home will be offered for sale
6495-at public auction in conformity with IC 26-1-2-328 and
6496-IC 26-1-7-210. The advertisement of sale must be published once
6497-each week for two (2) consecutive weeks in a newspaper of
6498-general circulation in the county where the manufactured home
6499-has been left without permission. The advertisement must include
6500-a description of the manufactured home, the name of the owner of
6501-the manufactured home, if ascertainable, and the time and place
6502-of the sale. The sale must take place at least fifteen (15) days after
6503-the first publication. If there is no newspaper of general
6504-circulation in the county where the sale is to be held, the
6505-advertisement must be posted at least ten (10) days before the sale
6506-in not less than six (6) conspicuous places in the neighborhood of
6507-the proposed sale.
6508-(4) Provide a reasonable time before the sale for prospective
6509-purchasers to examine the manufactured home.
6510-(5) Sell the manufactured home to the highest bidder, if any.
6511-(6) Immediately after the auction, execute an affidavit of sale of
6512-disposal on a form prescribed by the bureau stating:
6513-(A) that the requirements of this section have been met;
6514-(B) the length of time that the manufactured home was left on
6515-the property without permission;
6516-(C) any expenses incurred by the landowner, including the
6517-expenses of the sale and any lien of the landowner;
6518-(D) the name and address of the purchaser of the manufactured
6519-home at the auction, if any; and
6520-(E) the amount of the winning bid, if any.
6521-If the manufactured home is not purchased by a bidder at the
6522-auction, the landowner shall note that fact on the affidavit and
6523-shall list the landowner, or any donee, as the purchaser on the
6524-affidavit of sale or disposal.
6525-SECTION 141. IC 9-30-6-5, AS AMENDED BY P.L.38-2017,
6526-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6527-JULY 1, 2025]: Sec. 5. (a) The director of the state department of
6528-toxicology shall adopt rules under IC 4-22-2 concerning the following:
6529-HEA 1050 153
6530-(1) Standards and regulations for the:
6531-(A) selection;
6532-(B) training; and
6533-(C) certification;
6534-of breath test operators.
6535-(2) Standards and regulations for the:
6536-(A) selection; and
6537-(B) certification;
6538-of breath test equipment and chemicals.
6539-(3) The certification of the proper technique for administering a
6540-breath test.
6541-(b) A certification in accordance with rules adopted under
6542-subsection (a) shall be:
6543-(1) sent in writing to the clerk of the circuit court in each county
6544-where the breath test operator, equipment, or chemicals are used
6545-to administer breath tests; or
6546-(2) published on the Internet web site website of the state
6547-department of toxicology.
6548-However, failure to send or publish a certification as required by this
6549-subsection does not invalidate any test.
6550-(c) A certification in accordance with rules adopted under
6551-subsection (a) that is sent in writing under subsection (b)(1) or
6552-published on the Internet web site website of the state department of
6553-toxicology under subsection (b)(2) and obtained from the state
6554-department of toxicology as an electronic record bearing an electronic
6555-signature:
6556-(1) is admissible in a proceeding under this chapter, IC 9-30-5,
6557-IC 9-30-9, or IC 9-30-15;
6558-(2) constitutes prima facie evidence that the equipment or
6559-chemical:
6560-(A) was inspected and approved by the state department of
6561-toxicology on the date specified on the writing or electronic
6562-record; and
6563-(B) was in proper working condition on the date the breath test
6564-was administered if the date of approval is not more than one
6565-hundred eighty (180) days before the date of the breath test;
6566-(3) constitutes prima facie evidence of the approved technique for
6567-administering a breath test; and
6568-(4) constitutes prima facie evidence that the breath test operator
6569-was certified by the state department of toxicology on the date
6570-specified on the writing or electronic record.
6571-(d) Results of chemical tests that involve an analysis of a person's
6572-HEA 1050 154
6573-breath are not admissible in a proceeding under this chapter, IC 9-30-5,
6574-IC 9-30-9, or IC 9-30-15 if:
6575-(1) the test operator;
6576-(2) the test equipment;
6577-(3) the chemicals used in the test, if any; or
6578-(4) the techniques used in the test;
6579-have not been approved in accordance with the rules adopted under
6580-subsection (a).
6581-SECTION 142. IC 9-32-9-29, AS AMENDED BY P.L.103-2024,
6582-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6583-JULY 1, 2025]: Sec. 29. (a) An automotive salvage recycler or an agent
6584-of an automotive salvage recycler may purchase a motor vehicle
6585-without a certificate of title for the motor vehicle if:
6586-(1) the motor vehicle is at least fifteen (15) model years old;
6587-(2) the purchase is solely for the purpose of dismantling or
6588-wrecking the motor vehicle for the recovery of scrap metal or the
6589-sale of parts;
6590-(3) the automotive salvage recycler records all purchase
6591-transactions of motor vehicles as required in subsection (b); and
6592-(4) the person selling the motor vehicle presents a certificate of
6593-authority as required under IC 9-22-5-18.
6594-(b) An automotive salvage recycler shall maintain the following
6595-information with respect to each motor vehicle purchase transaction
6596-without a certificate of title to which the automotive salvage recycler
6597-is a party for at least five (5) years after the date of the purchase
6598-transaction:
6599-(1) The name, address, and National Motor Vehicle Title
6600-Information System identification number of any scrap metal
6601-processor or automobile scrapyard.
6602-(2) The name of the person entering the information.
6603-(3) The date and time of the purchase transaction.
6604-(4) A description of the motor vehicle that is the subject of the
6605-purchase transaction, including the make and model of the motor
6606-vehicle, if discernable. discernible.
6607-(5) The vehicle identification number of the motor vehicle, to the
6608-extent the number is discernable. discernible.
6609-(6) The amount of consideration given for the motor vehicle.
6610-(7) A copy of the certificate of authority and a written statement
6611-signed by the seller or the seller's agent certifying the following:
6612-(A) The seller or the seller's agent has the lawful right to sell
6613-and dispose of the motor vehicle.
6614-(B) The motor vehicle is not subject to a security interest or
6615-HEA 1050 155
6616-lien.
6617-(C) The motor vehicle will not be titled again and will be
6618-dismantled or destroyed.
6619-(D) The seller or the seller's agent acknowledges that a person
6620-who falsifies information contained in a statement under this
6621-subdivision is subject to criminal sanctions and restitution for
6622-losses incurred as a result of the sale of a motor vehicle based
6623-on falsified information.
6624-(8) The name, date of birth, and address of the person from whom
6625-the motor vehicle is being purchased.
6626-(9) A photocopy or electronic scan of one (1) of the following
6627-valid and unexpired forms of identification issued to the seller or
6628-the seller's agent:
6629-(A) A driver's license.
6630-(B) An identification card issued under IC 9-24-16-1, a photo
6631-exempt identification card issued under IC 9-24-16.5, or a
6632-similar card issued under the laws of another state or the
6633-federal government.
6634-(C) A government issued document bearing an image of the
6635-seller or seller's agent, as applicable.
6636-For purposes of complying with this subdivision, an automotive
6637-salvage recycler is not required to make a separate copy of the
6638-seller's or seller's agent's identification for each purchase
6639-transaction involving the seller or seller's agent but may instead
6640-refer to a copy maintained in reference to a particular purchase
6641-transaction.
6642-(10) The license plate number, make, model, and color of the
6643-motor vehicle that is used to deliver the purchased motor vehicle
6644-to the automotive salvage recycler.
6645-(11) The signature of the person receiving consideration from the
6646-seller or the seller's agent.
6647-(12) A photographic or videographic image, taken when the motor
6648-vehicle is purchased, of the following:
6649-(A) A frontal view of the facial features of the seller or the
6650-seller's agent.
6651-(B) The motor vehicle that is the subject of the purchase
6652-transaction.
6653-(c) An automotive salvage recycler may not complete a purchase
6654-transaction without the information required under subsection (b)(9).
6655-(d) An automotive salvage recycler or an agent of an automotive
6656-salvage recycler that knowingly or intentionally buys a motor vehicle
6657-that is less than fifteen (15) model years old without a certificate of title
6658-HEA 1050 156
6659-or certificate of authority for the motor vehicle commits a Level 6
6660-felony.
6661-(e) An automotive salvage recycler or an agent of an automotive
6662-salvage recycler may apply for a certificate of authority for a motor
6663-vehicle of any age on behalf of the seller with all required information
6664-collected at the point of sale.
6665-(f) If an automotive salvage recycler or an agent of an automotive
6666-salvage recycler, in applying for a certificate of authority for a motor
6667-vehicle under subsection (e), learns:
6668-(1) the motor vehicle was reported stolen; or
6669-(2) the owner of the motor vehicle does not match the individual
6670-who provided the automotive salvage recycler or agent of the
6671-automotive salvage recycler with the motor vehicle;
6672-the automotive salvage recycler must notify the law enforcement
6673-agency that has jurisdiction over the address of the automotive salvage
6674-recycler's established place of business.
6675-SECTION 143. IC 10-10.5-4-2, AS ADDED BY P.L.86-2022,
6676-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6677-JULY 1, 2025]: Sec. 2. Section 1 of this chapter does not prohibit the
6678-broadcast or disclosure of identifying information other than a Social
6679-Security number to the public by other means, including news reports,
6680-press conferences, silver or Amber alerts, wanted notices, Internet web
6681-site website postings, and similar methods specifically intended to
6682-inform the public.
6683-SECTION 144. IC 10-11-2-31.2, AS ADDED BY P.L.30-2019,
6684-SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6685-JULY 1, 2025]: Sec. 31.2. (a) As used in this section, "controlled
6686-substance" has the meaning set forth in IC 35-48-1-9.
6687-(b) As used in this section, "property" means a dwelling (as defined
6688-in IC 13-11-2-61.3).
6689-(c) Subject to specific appropriation by the general assembly, the
6690-department shall establish, maintain, and operate an Internet web site
6691-a website containing a list of properties that have been used in the
6692-illegal manufacture of a controlled substance. The list of properties
6693-shall be based on information received from a law enforcement agency
6694-under IC 5-2-15-3.
6695-(d) Subject to specific appropriation by the general assembly, and
6696-in accordance with subsection (g), the department shall publish the list
6697-of properties that have been used in the illegal manufacture of a
6698-controlled substance on an Internet web site a website maintained by
6699-the department. If a controlled substance is manufactured in an
6700-apartment that is a unit of a multi-unit apartment complex, the
6701-HEA 1050 157
6702-department shall publish only the address, including the apartment
6703-number, of the particular apartment in which the controlled substance
6704-was manufactured. The department shall design the web site website
6705-to enable a user to easily determine whether a particular property has
6706-been used as the site of the illegal manufacture of a controlled
6707-substance.
6708-(e) The department shall remove a listed property from the web site
6709-website not later than ninety (90) days after the property has been
6710-certified as decontaminated by a qualified inspector certified under
6711-IC 16-19-3.1-1.
6712-(f) If property has been certified as decontaminated by a qualified
6713-inspector certified under IC 16-19-3.1-1 before it is placed on the list
6714-required under subsection (c), the department may not place the
6715-property on the list.
6716-(g) The department may not list a property that has been the site of
6717-the illegal manufacture of a controlled substance on the web site
6718-website until one hundred eighty (180) days after the date on which the
6719-department receives information from a law enforcement agency that
6720-the property has been the site of the illegal manufacture of a controlled
6721-substance.
6722-SECTION 145. IC 10-13-8-12, AS ADDED BY P.L.38-2013,
6723-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6724-JULY 1, 2025]: Sec. 12. (a) A broadcaster or electronic billboard
6725-operator that has agreed to participate in the blue alert program and
6726-that:
6727-(1) receives a blue alert notification from the department; and
6728-(2) broadcasts or displays information contained in the
6729-notification that the department considers necessary;
6730-is immune from civil liability based on the broadcast or display of the
6731-information received from the department.
6732-(b) If:
6733-(1) a person enters into an agreement with the department to
6734-establish or maintain a blue alert web site; website; and
6735-(2) the agreement provides that only the department has the
6736-ability to place information on the web site; website;
6737-the person is immune from civil liability for the information placed on
6738-the web site website by the department. However, this subsection does
6739-not affect the applicability of IC 34-13-3 to the department.
6740-SECTION 146. IC 10-16-20-4, AS ADDED BY P.L.156-2015,
6741-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6742-JULY 1, 2025]: Sec. 4. (a) In addition to the rights and protections
6743-regarding consumer transactions, contracts, and service providers
6744-HEA 1050 158
6745-included in Title III of the federal Servicemembers Civil Relief Act (50
6746-U.S.C. App. 531 through 538), a servicemember may terminate a
6747-contract described in subsection (b) at any time after the date the
6748-servicemember receives military orders to relocate for a period of
6749-service of at least ninety (90) days to a location that does not support
6750-the contract.
6751-(b) This section applies to a contract to provide any of the following:
6752-(1) Telecommunication services.
6753-(2) Internet services.
6754-(3) Television services.
6755-(4) Athletic club or gym memberships.
6756-(5) Satellite radio services.
6757-(c) Termination of a contract must be made by delivery of a written
6758-or electronic notice of the termination and a copy of the
6759-servicemember's military orders to the service provider. If a
6760-servicemember terminates a contract, the service provider shall provide
6761-the servicemember with a written or electronic notice of the
6762-servicemember's rights posted on the Indiana National Guard's Internet
6763-web site website as required by IC 10-16-6-13.
6764-(d) For any contract terminated under this section, the service
6765-provider under the contract may not impose an early termination
6766-charge.
6767-(e) Any tax or any other obligation or liability of the servicemember
6768-that, in accordance with the terms of the contract, is due and unpaid at
6769-the time of termination of the contract shall be paid by the
6770-servicemember.
6771-(f) If the servicemember resubscribes to the service provided under
6772-a contract described in subsection (b) that was terminated under this
6773-chapter during the ninety (90) day period immediately following when
6774-the servicemember has returned from service, the service provider may
6775-not impose any charges or services fees, other than the usual and
6776-customary charges and fees for the installation or acquisition of
6777-customer equipment imposed on any other subscriber.
6778-(g) Not later than sixty (60) days after the effective date of the
6779-termination of a contract described in subsection (b), the service
6780-provider under the contract shall refund to the servicemember all fees
6781-paid for services that extend past the termination date of the contract.
6782-SECTION 147. IC 10-17-1-4.5, AS ADDED BY P.L.90-2016,
6783-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6784-JULY 1, 2025]: Sec. 4.5. (a) The definitions under IC 23-14-54.5-2
6785-through IC 23-14-54.5-6 apply to this section.
6786-(b) As used in this section, "cremated remains" has the meaning set
6787-HEA 1050 159
6788-forth in IC 23-14-31-7.
6789-(c) A veterans' service organization may apply to the department for
6790-approval to receive the following from a licensed funeral director under
6791-IC 23-14-54.5:
6792-(1) Verification information.
6793-(2) Cremated remains of a veteran or dependent of a veteran.
6794-(d) The department shall establish standards that a veterans' service
6795-organization must meet to receive approval by the department under
6796-this section, including:
6797-(1) an application for approval;
6798-(2) the information that a veterans' service organization is
6799-required to submit to the department; and
6800-(3) criteria and standards for approval.
6801-(e) If a veterans' service organization meets the standards
6802-established by the department under subsection (d), the department
6803-shall approve the veterans' service organization for eligibility to receive
6804-verification information and cremated remains under IC 23-14-54.5.
6805-(f) The department shall:
6806-(1) maintain a list, with names and contact information, of
6807-veterans' service organizations that have been approved under
6808-subsection (e); and
6809-(2) publish the list on the department's Internet web site. website.
6810-(g) The department shall prepare and provide, upon request, sample
6811-forms for transfer of cremated remains and release of liability between
6812-a funeral director and an approved veterans' service organization.
6813-SECTION 148. IC 10-18-2-9, AS AMENDED BY P.L.152-2021,
6814-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6815-JULY 1, 2025]: Sec. 9. (a) If a county executive has adopted designs
6816-or plans for the construction of world war memorial structures as
6817-provided in section 6 of this chapter, the county executive shall:
6818-(1) contract with a reliable contractor for all or any part of the
6819-construction of the world war memorial structure, as provided in
6820-this chapter; and
6821-(2) publish a notice informing the public and contractors:
6822-(A) of the nature of the structures to be constructed;
6823-(B) that the designs and plans are on file in the office of the
6824-county executive; and
6825-(C) that sealed proposals for contractors to work on the
6826-construction of the world war memorial are due not earlier
6827-than thirty (30) days from the first published notice.
6828-(b) A notice published under subsection (a)(2) shall be published for
6829-at least three (3) consecutive weeks:
6830-HEA 1050 160
6831-(1) with each publication of notice in a newspaper of general
6832-circulation published in the county; or
6833-(2) with the first publication of notice in a newspaper described
6834-in subdivision (1) and the two (2) subsequent publications:
6835-(A) in accordance with IC 5-3-5; and
6836-(B) on the county's official web site. website.
6837-(c) A county executive shall, by order, impose conditions upon:
6838-(1) bidders;
6839-(2) contractors;
6840-(3) subcontractors; and
6841-(4) materialmen;
6842-with regard to bond and surety and guaranteeing the faithful
6843-completion of work according to contract.
6844-(d) All contracts with builders, architects, or materialmen must
6845-reserve to the county executive for good cause shown the right to
6846-cancel a contract and to relet work to others. If a contract is canceled,
6847-at least ten percent (10%) shall be reserved from payments on estimates
6848-on work done in progress until the contracts are completed and the
6849-work done, inspected, and accepted by the county executive.
6850-(e) A payment, partial or final, may not be construed as a waiver of
6851-defective work or materials or as a release for damages on account of
6852-defective work or materials.
6853-(f) A surety may not be released from any obligation on its bond if
6854-the contractor is paid the whole or any part of the percentages required
6855-to be reserved from current estimates. A surety may not be released by
6856-any final payment made to the contractor.
6857-SECTION 149. IC 10-18-3-2, AS AMENDED BY P.L.152-2021,
6858-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6859-JULY 1, 2025]: Sec. 2. (a) The board of commissioners of a county or
6860-the common council of a city shall, on petition of at least one hundred
6861-(100) adult citizens of the county or city, appoint a committee to be
6862-known as the memorial committee. The appointments may not be made
6863-until after notice of the filing of the petition has been published for at
6864-least two (2) weeks, once each week:
6865-(1) with each publication of notice made in a newspaper of
6866-general circulation in the county or city; or
6867-(2) with the first publication of notice made in a newspaper
6868-described in subdivision (1) and the second publication of notice:
6869-(A) in accordance with IC 5-3-5; and
6870-(B) on the official web site website of the county or city.
6871-(b) The committee must have at least five (5) but not more than
6872-fifteen (15) members. Each committee member must be a citizen of the
6873-HEA 1050 161
6874-county or city in which the memorial is proposed. The members must
6875-be appointed based solely upon their fitness, and the committee must
6876-include representatives of educational, benevolent, labor, and other
6877-interests.
6878-(c) The members of the committee serve without compensation.
6879-However, the board of commissioners or common council may
6880-compensate members for necessary expenses in the performance of
6881-their duty, including compensation of expert advisers. The board of
6882-commissioners or common council may make an appropriation in
6883-advance to compensate members for necessary expenses.
6884-(d) The committee shall make a careful study of the subject of a
6885-suitable memorial in the county or city and report its conclusions to the
6886-board of commissioners or common council. The report must include:
6887-(1) the kind of memorial regarded by the committee as
6888-appropriate;
6889-(2) the estimated cost of erection and maintenance;
6890-(3) the method of control; and
6891-(4) any other matter the committee considers proper.
6892-The committee shall make the report within six (6) months after
6893-appointment, unless a longer time is given by the board of
6894-commissioners or common council. A committee that fails to report
6895-within the time allowed is immediately regarded as dissolved, and the
6896-board of commissioners or common council shall appoint a new
6897-committee. A new committee appointed under this subsection is
6898-governed by the same rule regarding the filing of a report and
6899-dissolution.
6900-(e) A vacancy in the committee shall be filled by the board of
6901-commissioners or common council.
6902-(f) A county or city in which a memorial committee has been
6903-appointed may not erect or provide for the erection of a memorial until
6904-the committee has made its report.
6905-SECTION 150. IC 10-18-3-3, AS AMENDED BY P.L.152-2021,
6906-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6907-JULY 1, 2025]: Sec. 3. (a) Public notice must be provided in the
6908-manner set forth under this section if a petition signed by:
6909-(1) at least five hundred (500) citizens and taxpayers of a county;
6910-or
6911-(2) at least two hundred (200) citizens and taxpayers of a city;
6912-requests the establishment and maintenance within the county or city
6913-of a memorial for the soldiers and sailors of World War I. The petition
6914-must be addressed to the board of commissioners of the county or the
6915-common council of the city and filed in the office of the auditor of the
6916-HEA 1050 162
6917-county or clerk of the city.
6918-(b) The auditor or clerk shall:
6919-(1) publish a notice that includes a copy of the petition or a
6920-summary of the petition in a newspaper of general circulation
6921-printed and published in the county or city;
6922-(2) post a notice that includes a copy of the petition or a summary
6923-of the petition in at least ten (10) public places in the county; and
6924-(3) post a notice that includes a copy of the petition or a summary
6925-of the petition at the door of the county courthouse.
6926-Notice under this subsection must also include the day the petition will
6927-be presented to the board. The day of the hearing must be fixed by the
6928-auditor or clerk at least thirty (30) days but not more than forty (40)
6929-days after the day of the filing of the petition.
6930-(c) Notice of the petition signed by the auditor or clerk must be
6931-posted for at least twenty (20) days and published for three (3)
6932-consecutive weeks:
6933-(1) with each publication of notice in a newspaper of general
6934-circulation printed and published in the county or city; or
6935-(2) with:
6936-(A) the first publication of notice in a newspaper described in
6937-subdivision (1); and
6938-(B) the two (2) subsequent publications of notice:
6939-(i) in accordance with IC 5-3-5; and
6940-(ii) on the official web site website of the county or city;
6941-before the day designated by the auditor or clerk for the hearing.
6942-SECTION 151. IC 10-18-4-10, AS AMENDED BY P.L.152-2021,
6943-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6944-JULY 1, 2025]: Sec. 10. (a) After the board of public works has
6945-adopted the necessary designs, plans, and specifications for
6946-construction of the World War memorial structures as provided in this
6947-chapter, the board of public works shall award contracts for all or any
6948-part of the World War memorial structures to competent and reliable
6949-contractors as provided in this section.
6950-(b) The board of public works shall publish in accordance with
6951-subsection (c) a notice:
6952-(1) informing the public and contractors of the general nature of
6953-the structures to be constructed and of the fact that designs, plans,
6954-drawings, and specifications are on file in the office of the board
6955-of public works; and
6956-(2) calling for sealed proposals for the work on a day not earlier
6957-than thirty (30) days from the first of such publications.
6958-(c) The notice shall be published for at least three (3) weeks:
6959-HEA 1050 163
6960-(1) with each publication of notice in a newspaper of general
6961-circulation, printed and published in the English language in the
6962-city; or
6963-(2) with the first publication of notice in a newspaper described
6964-in subdivision (1) and the two (2) subsequent publications of
6965-notice:
6966-(A) in accordance with IC 5-3-5; and
6967-(B) on the official web site website of the city.
6968-(d) The board of public works shall, by order, impose conditions
6969-upon bidders, contractors, subcontractors, and materialmen with regard
6970-to bond and surety, guaranteeing the good faith and responsibility of
6971-the bidders, contractors, subcontractors, and materialmen and insuring
6972-the faithful completion of the work, according to contract, or for any
6973-other purpose.
6974-(e) The board of public works shall reserve ten percent (10%) from
6975-payments or estimates on work in progress until the contract is
6976-completed and the work done is inspected and accepted by the board.
6977-All contracts with contractors, subcontractors, architects, or
6978-materialmen must reserve:
6979-(1) to the board of public works, for good cause shown, the right
6980-to cancel the contract and to award the work to others; and
6981-(2) at least ten percent (10%) from payments or estimates on work
6982-in progress until the contract is completed and the work done is
6983-inspected and accepted by the board.
6984-(f) Payment by the board of public works, partial or final, may not
6985-be construed as a waiver of defective work or materials or as a release
6986-for damages on account of the defective work or materials. A surety
6987-may not be released from any obligation on the surety's bond if a
6988-contractor should be paid the whole or any part of the percentage
6989-required to be reserved from current estimates. A surety may not be
6990-released by any final payment made to a contractor.
6991-SECTION 152. IC 10-20-2-8, AS ADDED BY P.L.73-2013,
6992-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6993-JULY 1, 2025]: Sec. 8. (a) The department may charge a fee for the
6994-following:
6995-(1) Certifying and recertifying individuals who operate breath
6996-testing equipment.
6997-(2) Maintaining and calibrating breath testing equipment,
6998-including offsetting the costs of replacing equipment and
6999-instruments used at the state and local levels for breath testing.
7000-(3) Providing training services.
7001-The amount of the fee is the amount that was being charged as of
7002-HEA 1050 164
7003-January 1, 2013.
7004-(b) The department may change the amount of a fee being charged
7005-under subsection (a) by adopting a rule under IC 4-22-2. In addition, at
7006-least six (6) months before a rule changing the amount of a fee may
7007-take effect, the department shall provide to:
7008-(1) each agency that has paid a fee to the department in the
7009-previous twelve (12) months; and
7010-(2) any other person that makes a request to be on the notification
7011-list;
7012-a notice of the fee amount the department is proposing. The notice must
7013-be published on the department's Internet web site website and
7014-published in the Indiana Register. The notice required by subdivisions
7015-(1) and (2) may be provided by an electronic mail message that
7016-includes a direct link to the notice on the department's Internet web
7017-site. website.
7018-(c) The fees that have been charged and collected by the department
7019-since July 1, 2011, for the items listed in subsection (a)(1) through
7020-(a)(3) are legalized and validated. The department may continue to
7021-charge a fee for the items listed in subsection (a)(1) through (a)(3) in
7022-the fee amount that was being charged by the department as of January
7023-1, 2013, without the adoption of a rule. Before July 1, 2013, the
7024-department shall publish a schedule listing the current fee amounts
7025-being charged for the items listed in subsection (a)(1) through (a)(3) on
7026-the department's Internet web site website and in the Indiana Register,
7027-with a reference to this section's legalization and validation of these fee
7028-amounts.
7029-(d) Fees collected under this section shall be deposited in the breath
7030-test training and certification fund established by section 9 of this
7031-chapter. In addition, money from fees collected by the state department
7032-of toxicology established under IC 21-45-3 (now repealed) and from
7033-fees collected by the department since July 1, 2011, shall be transferred
7034-to the fund.
7035-SECTION 153. IC 11-8-2-13, AS AMENDED BY P.L.214-2013,
7036-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7037-JULY 1, 2025]: Sec. 13. (a) The Indiana sex and violent offender
7038-registry established under IC 36-2-13-5.5 and maintained by the
7039-department under section 12.4 of this chapter must include the names
7040-of each offender who is or has been required to register under
7041-IC 11-8-8.
7042-(b) The department shall do the following:
7043-(1) Ensure that the Indiana sex and violent offender registry is
7044-updated at least once per day with information provided by a local
7045-HEA 1050 165
7046-law enforcement authority (as defined in IC 11-8-8-2).
7047-(2) Publish the Indiana sex and violent offender registry on the
7048-Internet through the computer gateway administered by the office
7049-of technology established by IC 4-13.1-2-1, and ensure that the
7050-Indiana sex and violent offender registry displays the following or
7051-similar words:
7052-"Based on information submitted to law enforcement, a
7053-person whose name appears in this registry has been
7054-convicted of a sex or violent offense or has been adjudicated
7055-a delinquent child for an act that would be a sex or violent
7056-offense if committed by an adult.".
7057-(3) If:
7058-(A) an offender's registration period has expired as described
7059-in IC 11-8-8-19; or
7060-(B) an offender is deceased;
7061-ensure that the offender's information is no longer published to
7062-the public portal of the sex and violent offender registry Internet
7063-web site website established under IC 36-2-13-5.5.
7064-SECTION 154. IC 11-8-8-1.8, AS AMENDED BY P.L.85-2017,
7065-SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7066-JULY 1, 2025]: Sec. 1.8. As used in this chapter, "social networking
7067-web site website username" means an identifier or profile that allows
7068-a person to create, use, or modify a social networking web site,
7069-website, as defined in IC 35-31.5-2-307.
7070-SECTION 155. IC 11-8-8-7, AS AMENDED BY P.L.214-2013,
7071-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7072-JULY 1, 2025]: Sec. 7. (a) Subject to section 19 of this chapter, the
7073-following persons must register under this chapter:
7074-(1) A sex or violent offender who resides in Indiana. A sex or
7075-violent offender resides in Indiana if either of the following
7076-applies:
7077-(A) The sex or violent offender spends or intends to spend at
7078-least seven (7) days (including part of a day) in Indiana during
7079-a one hundred eighty (180) day period.
7080-(B) The sex or violent offender owns real property in Indiana
7081-and returns to Indiana at any time.
7082-(2) A sex or violent offender who works or carries on a vocation
7083-or intends to work or carry on a vocation full time or part time for
7084-a period:
7085-(A) exceeding seven (7) consecutive days; or
7086-(B) for a total period exceeding fourteen (14) days;
7087-during any calendar year in Indiana regardless of whether the sex
7088-HEA 1050 166
7089-or violent offender is financially compensated, volunteered, or is
7090-acting for the purpose of government or educational benefit.
7091-(3) A sex or violent offender who is enrolled or intends to be
7092-enrolled on a full-time or part-time basis in any public or private
7093-educational institution, including any secondary school, trade, or
7094-professional institution, or postsecondary educational institution.
7095-(b) Except as provided in subsection (e), a sex or violent offender
7096-who resides in Indiana shall register with the local law enforcement
7097-authority in the county where the sex or violent offender resides. If a
7098-sex or violent offender resides in more than one (1) county, the sex or
7099-violent offender shall register with the local law enforcement authority
7100-in each county in which the sex or violent offender resides. If the sex
7101-or violent offender is also required to register under subsection (a)(2)
7102-or (a)(3), the sex or violent offender shall also register with the local
7103-law enforcement authority in the county in which the offender is
7104-required to register under subsection (c) or (d).
7105-(c) A sex or violent offender described in subsection (a)(2) shall
7106-register with the local law enforcement authority in the county where
7107-the sex or violent offender is or intends to be employed or carry on a
7108-vocation. If a sex or violent offender is or intends to be employed or
7109-carry on a vocation in more than one (1) county, the sex or violent
7110-offender shall register with the local law enforcement authority in each
7111-county. If the sex or violent offender is also required to register under
7112-subsection (a)(1) or (a)(3), the sex or violent offender shall also register
7113-with the local law enforcement authority in the county in which the
7114-offender is required to register under subsection (b) or (d).
7115-(d) A sex or violent offender described in subsection (a)(3) shall
7116-register with the local law enforcement authority in the county where
7117-the sex or violent offender is enrolled or intends to be enrolled as a
7118-student. If the sex or violent offender is also required to register under
7119-subsection (a)(1) or (a)(2), the sex or violent offender shall also register
7120-with the local law enforcement authority in the county in which the
7121-offender is required to register under subsection (b) or (c).
7122-(e) A sex or violent offender described in subsection (a)(1)(B) shall
7123-register with the local law enforcement authority in the county in which
7124-the real property is located. If the sex or violent offender is also
7125-required to register under subsection (a)(1)(A), (a)(2), or (a)(3), the sex
7126-or violent offender shall also register with the local law enforcement
7127-authority in the county in which the offender is required to register
7128-under subsection (b), (c), or (d).
7129-(f) A sex or violent offender committed to the department shall
7130-register with the department before the sex or violent offender is placed
7131-HEA 1050 167
7132-in a community transition program, placed in a work release program,
7133-or released from incarceration, whichever occurs first. The department
7134-shall forward the sex or violent offender's registration information to
7135-the local law enforcement authority of every county in which the sex or
7136-violent offender is required to register. If a sex or violent offender
7137-released from the department under this subsection:
7138-(1) informs the department of the offender's intended location of
7139-residence upon release; and
7140-(2) does not move to this location upon release;
7141-the offender shall, not later than seventy-two (72) hours after the date
7142-on which the offender is released, report in person to the local law
7143-enforcement authority having jurisdiction over the offender's current
7144-address or location.
7145-(g) This subsection does not apply to a sex or violent offender who
7146-is a sexually violent predator. A sex or violent offender not committed
7147-to the department shall register not more than seven (7) days after the
7148-sex or violent offender:
7149-(1) is released from a penal facility (as defined in
7150-IC 35-31.5-2-232);
7151-(2) is released from a secure private facility (as defined in
7152-IC 31-9-2-115);
7153-(3) is released from a juvenile detention facility;
7154-(4) is transferred to a community transition program;
7155-(5) is placed on parole;
7156-(6) is placed on probation;
7157-(7) is placed on home detention; or
7158-(8) arrives at the place where the sex or violent offender is
7159-required to register under subsection (b), (c), or (d);
7160-whichever occurs first. A sex or violent offender required to register in
7161-more than one (1) county under subsection (b), (c), (d), or (e) shall
7162-register in each appropriate county not more than seventy-two (72)
7163-hours after the sex or violent offender's arrival in that county or
7164-acquisition of real estate in that county.
7165-(h) This subsection applies to a sex or violent offender who is a
7166-sexually violent predator. A sex or violent offender who is a sexually
7167-violent predator shall register not more than seventy-two (72) hours
7168-after the sex or violent offender:
7169-(1) is released from a penal facility (as defined in
7170-IC 35-31.5-2-232);
7171-(2) is released from a secure private facility (as defined in
7172-IC 31-9-2-115);
7173-(3) is released from a juvenile detention facility;
7174-HEA 1050 168
7175-(4) is transferred to a community transition program;
7176-(5) is placed on parole;
7177-(6) is placed on probation;
7178-(7) is placed on home detention; or
7179-(8) arrives at the place where the sexually violent predator is
7180-required to register under subsection (b), (c), or (d);
7181-whichever occurs first. A sex or violent offender who is a sexually
7182-violent predator required to register in more than one (1) county under
7183-subsection (b), (c), (d), or (e) shall register in each appropriate county
7184-not more than seventy-two (72) hours after the offender's arrival in that
7185-county or acquisition of real estate in that county.
7186-(i) The local law enforcement authority with whom a sex or violent
7187-offender registers under this section shall make and publish a
7188-photograph of the sex or violent offender on the Indiana sex and violent
7189-offender registry web site website established under IC 36-2-13-5.5.
7190-The local law enforcement authority shall make a photograph of the sex
7191-or violent offender that complies with the requirements of
7192-IC 36-2-13-5.5 at least once per year. The sheriff of a county containing
7193-a consolidated city shall provide the police chief of the consolidated
7194-city with all photographic and computer equipment necessary to enable
7195-the police chief of the consolidated city to transmit sex or violent
7196-offender photographs (and other identifying information required by
7197-IC 36-2-13-5.5) to the Indiana sex and violent offender registry web
7198-site website established under IC 36-2-13-5.5. In addition, the sheriff
7199-of a county containing a consolidated city shall provide all funding for
7200-the county's financial obligation for the establishment and maintenance
7201-of the Indiana sex and violent offender registry web site website
7202-established under IC 36-2-13-5.5.
7203-(j) When a sex or violent offender registers, the local law
7204-enforcement authority shall:
7205-(1) immediately update the Indiana sex and violent offender
7206-registry web site website established under IC 36-2-13-5.5;
7207-(2) notify every law enforcement agency having jurisdiction in the
7208-county where the sex or violent offender resides; and
7209-(3) update the National Crime Information Center National Sex
7210-Offender Registry data base via the Indiana data and
7211-communications system (IDACS).
7212-When a sex or violent offender from a jurisdiction outside Indiana
7213-registers a change of address, electronic mail address, instant
7214-messaging username, electronic chat room username, social networking
7215-web site website username, employment, vocation, or enrollment in
7216-Indiana, the local law enforcement authority shall provide the
7217-HEA 1050 169
7218-department with the information provided by the sex or violent
7219-offender during registration.
7220-SECTION 156. IC 11-8-8-8, AS AMENDED BY P.L.214-2013,
7221-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7222-JULY 1, 2025]: Sec. 8. (a) The registration required under this chapter
7223-must include the following information:
7224-(1) The sex or violent offender's full name, alias, any name by
7225-which the sex or violent offender was previously known, date of
7226-birth, sex, race, height, weight, hair color, eye color, any scars,
7227-marks, or tattoos, Social Security number, driver's license number
7228-or state identification card number, vehicle description, vehicle
7229-plate number, and vehicle identification number for any vehicle
7230-the sex or violent offender owns or operates on a regular basis,
7231-principal residence address, other address where the sex or violent
7232-offender spends more than seven (7) nights in a fourteen (14) day
7233-period, and mailing address, if different from the sex or violent
7234-offender's principal residence address.
7235-(2) A description of the offense for which the sex or violent
7236-offender was convicted, the date of conviction, the county of the
7237-conviction, the cause number of the conviction, and the sentence
7238-imposed, if applicable.
7239-(3) If the person is required to register under section 7(a)(2) or
7240-7(a)(3) of this chapter, the name and address of each of the sex or
7241-violent offender's employers in Indiana, the name and address of
7242-each campus or location where the sex or violent offender is
7243-enrolled in school in Indiana, and the address where the sex or
7244-violent offender stays or intends to stay while in Indiana.
7245-(4) A recent photograph of the sex or violent offender.
7246-(5) If the sex or violent offender is a sexually violent predator,
7247-that the sex or violent offender is a sexually violent predator.
7248-(6) If the sex or violent offender is required to register for life,
7249-that the sex or violent offender is required to register for life.
7250-(7) Any electronic mail address, instant messaging username,
7251-electronic chat room username, or social networking web site
7252-website username that the sex or violent offender uses or intends
7253-to use.
7254-(8) Any other information required by the department.
7255-(b) If a sex or violent offender on probation or parole registers any
7256-information under subsection (a)(7), the offender shall sign a consent
7257-form authorizing the:
7258-(1) search of the sex or violent offender's personal computer or
7259-device with Internet capability, at any time; and
7260-HEA 1050 170
7261-(2) installation on the sex or violent offender's personal computer
7262-or device with Internet capability, at the sex or violent offender's
7263-expense, of hardware or software to monitor the sex or violent
7264-offender's Internet usage.
7265-(c) If the information described in subsection (a) changes, the sex
7266-or violent offender shall report in person to the local law enforcement
7267-authority having jurisdiction over the sex or violent offender's principal
7268-address not later than seventy-two (72) hours after the change and
7269-submit the new information to the local law enforcement authority.
7270-Upon request of the local law enforcement authority, the sex or violent
7271-offender shall permit a new photograph of the sex or violent offender
7272-to be made.
7273-SECTION 157. IC 11-8-8-11, AS AMENDED BY P.L.214-2013,
7274-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7275-JULY 1, 2025]: Sec. 11. (a) If a sex or violent offender who is required
7276-to register under this chapter changes:
7277-(1) principal residence address; or
7278-(2) if section 7(a)(2) or 7(a)(3) of this chapter applies, the place
7279-where the sex or violent offender stays in Indiana;
7280-the sex or violent offender shall report in person to the local law
7281-enforcement authority having jurisdiction over the sex or violent
7282-offender's current principal address or location and, if the offender
7283-moves to a new county in Indiana, to the local law enforcement
7284-authority having jurisdiction over the sex or violent offender's new
7285-principal address or location not more than seventy-two (72) hours
7286-after the address change.
7287-(b) If a sex or violent offender moves to a new county in Indiana, the
7288-local law enforcement authority where the sex or violent offender's
7289-current principal residence address is located shall inform the local law
7290-enforcement authority in the new county in Indiana of the sex or violent
7291-offender's residence and forward all relevant registration information
7292-concerning the sex or violent offender to the local law enforcement
7293-authority in the new county. The local law enforcement authority
7294-receiving notice under this subsection shall verify the address of the
7295-sex or violent offender under section 13 of this chapter not more than
7296-seven (7) days after receiving the notice.
7297-(c) If a sex or violent offender who is required to register under
7298-section 7(a)(2) or 7(a)(3) of this chapter changes the sex or violent
7299-offender's principal place of employment, principal place of vocation,
7300-or campus or location where the sex or violent offender is enrolled in
7301-school, the sex or violent offender shall report in person:
7302-(1) to the local law enforcement authority having jurisdiction over
7303-HEA 1050 171
7304-the sex or violent offender's current principal place of
7305-employment, principal place of vocation, or campus or location
7306-where the sex or violent offender is enrolled in school; and
7307-(2) if the sex or violent offender changes the sex or violent
7308-offender's place of employment, vocation, or enrollment to a new
7309-county in Indiana, to the local law enforcement authority having
7310-jurisdiction over the sex or violent offender's new principal place
7311-of employment, principal place of vocation, or campus or location
7312-where the sex or violent offender is enrolled in school;
7313-not more than seventy-two (72) hours after the change.
7314-(d) If a sex or violent offender moves the sex or violent offender's
7315-place of employment, vocation, or enrollment to a new county in
7316-Indiana, the local law enforcement authority having jurisdiction over
7317-the sex or violent offender's current principal place of employment,
7318-principal place of vocation, or campus or location where the sex or
7319-violent offender is enrolled in school shall inform the local law
7320-enforcement authority in the new county of the sex or violent offender's
7321-new principal place of employment, vocation, or enrollment by
7322-forwarding relevant registration information to the local law
7323-enforcement authority in the new county.
7324-(e) If a sex or violent offender moves the sex or violent offender's
7325-residence, place of employment, vocation, or enrollment to a new state,
7326-the local law enforcement authority shall inform the state police in the
7327-new state of the sex or violent offender's new place of residence,
7328-employment, vocation, or enrollment.
7329-(f) If a sex or violent offender who is required to register under this
7330-chapter changes or obtains a new:
7331-(1) electronic mail address;
7332-(2) instant messaging username;
7333-(3) electronic chat room username; or
7334-(4) social networking web site website username;
7335-the sex or violent offender shall report in person to the local law
7336-enforcement authority having jurisdiction over the sex or violent
7337-offender's current principal address or location and shall provide the
7338-local law enforcement authority with the new address or username not
7339-more than seventy-two (72) hours after the change or creation of the
7340-address or username.
7341-(g) A local law enforcement authority shall make registration
7342-information, including information concerning the duty to register and
7343-the penalty for failing to register, available to a sex or violent offender.
7344-(h) A local law enforcement authority who is notified of a change
7345-under subsection (a), (c), or (f) shall:
7346-HEA 1050 172
7347-(1) immediately update the Indiana sex and violent offender
7348-registry web site website established under IC 36-2-13-5.5;
7349-(2) update the National Crime Information Center National Sex
7350-Offender Registry data base via the Indiana data and
7351-communications system (IDACS); and
7352-(3) notify the department.
7353-(i) If a sex or violent offender who is registered with a local law
7354-enforcement authority becomes incarcerated, the local law enforcement
7355-authority shall transmit a copy of the information provided by the sex
7356-or violent offender during registration to the department.
7357-(j) If a sex or violent offender is no longer required to register due
7358-to the expiration of the registration period, or if a court grants a petition
7359-under section 22 of this chapter that removes the offender's duty to
7360-register under this chapter, the local law enforcement authority shall:
7361-(1) ensure the offender's information is no longer published to the
7362-public portal of the sex and violent offender registry Internet web
7363-site website established under IC 36-2-13-5.5; and
7364-(2) transmit a copy of the information provided by the sex or
7365-violent offender during registration to the department.
7366-(k) This subsection applies only to a sex or violent offender who
7367-has:
7368-(1) informed the local law enforcement authority of the offender's
7369-intention to move the offender's residence to a new location; and
7370-(2) not moved the offender's residence to the new location.
7371-Not later than seventy-two (72) hours after the date on which a sex or
7372-violent offender to whom this subsection applies was scheduled to
7373-move (according to information the offender provided to the local law
7374-enforcement authority before the move), the sex or violent offender
7375-shall report in person to the local law enforcement authority having
7376-jurisdiction over the offender's current address or location, even if the
7377-offender's address has not changed. An offender who fails to report as
7378-provided in this subsection may be prosecuted in the offender's original
7379-county of residence, in the county to which the offender intended to
7380-move, or in the offender's current county of residence.
7381-SECTION 158. IC 11-8-8-19, AS AMENDED BY P.L.40-2019,
7382-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7383-JULY 1, 2025]: Sec. 19. (a) Except as provided in subsections (b)
7384-through (f), a sex or violent offender is required to register under this
7385-chapter until the expiration of ten (10) years after the date the sex or
7386-violent offender:
7387-(1) is released from a penal facility (as defined in
7388-IC 35-31.5-2-232) or a secure juvenile detention facility of a state
7389-HEA 1050 173
7390-or another jurisdiction;
7391-(2) is placed in a community transition program;
7392-(3) is placed in a community corrections program;
7393-(4) is placed on parole; or
7394-(5) is placed on probation;
7395-for the sex or violent offense requiring registration, whichever occurs
7396-last. The registration period is tolled during any period that the sex or
7397-violent offender is incarcerated. The registration period does not restart
7398-if the offender is convicted of a subsequent offense. However, if the
7399-subsequent offense is a sex or violent offense, or an offense under
7400-IC 11-8-8-17, section 17 of this chapter, a new registration period may
7401-be imposed in accordance with this chapter. The department shall
7402-ensure that an offender who is no longer required to register as a sex or
7403-violent offender is notified that the obligation to register has expired,
7404-and shall ensure that the offender's information is no longer published
7405-to the public portal of the sex and violent offender registry Internet web
7406-site website established under IC 36-2-13-5.5.
7407-(b) A sex or violent offender who is a sexually violent predator is
7408-required to register for life.
7409-(c) A sex or violent offender who is convicted of at least one (1)
7410-offense under section 5(a) of this chapter that the sex or violent
7411-offender committed:
7412-(1) when the person was at least eighteen (18) years of age; and
7413-(2) against a victim who was less than twelve (12) years of age at
7414-the time of the crime;
7415-is required to register for life.
7416-(d) A sex or violent offender who is convicted of at least one (1)
7417-offense under section 5(a) of this chapter in which the sex offender:
7418-(1) proximately caused serious bodily injury or death to the
7419-victim;
7420-(2) used force or the threat of force against the victim or a
7421-member of the victim's family, unless the offense is sexual battery
7422-as a Class D felony (for an offense committed before July 1,
7423-2014) or a Level 6 felony (for a crime committed after June 30,
7424-2014); or
7425-(3) rendered the victim unconscious or otherwise incapable of
7426-giving voluntary consent;
7427-is required to register for life.
7428-(e) A sex or violent offender who is convicted of at least two (2)
7429-unrelated offenses under section 5(a) of this chapter is required to
7430-register for life.
7431-(f) A person who is required to register as a sex or violent offender
7432-HEA 1050 174
7433-in any jurisdiction shall register for the period required by the other
7434-jurisdiction or the period described in this section, whichever is longer.
7435-SECTION 159. IC 11-8-8-20, AS AMENDED BY P.L.3-2008,
7436-SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7437-JULY 1, 2025]: Sec. 20. (a) The department may enter into a compact
7438-or agreement with one (1) or more jurisdictions outside Indiana to
7439-exchange notifications concerning the change of address, employment,
7440-vocation, or enrollment of a sex or violent offender between Indiana
7441-and the other jurisdiction or the other jurisdiction and Indiana.
7442-(b) If the department receives information that a sex or violent
7443-offender has relocated to Indiana to reside, engage in employment or
7444-a vocation, or enroll in school, or that a sex or violent offender has been
7445-convicted in Indiana but not sentenced to the department, the
7446-department shall determine:
7447-(1) whether the person is defined as a:
7448-(A) sex offender under IC 11-8-8-4.5; section 4.5 of this
7449-chapter; or
7450-(B) sex or violent offender under IC 11-8-8-5; section 5 of this
7451-chapter;
7452-(2) whether the person is a sexually violent predator under
7453-IC 35-38-1-7.5;
7454-(3) the period for which the person will be required to register as
7455-a sex or violent offender in Indiana; and
7456-(4) any other matter required by law to make a registration
7457-determination.
7458-(c) After the department has made a determination under subsection
7459-(b), the department shall update the sex and violent offender registry
7460-web site website and transmit the department's determination to the
7461-local law enforcement authority having jurisdiction over the county
7462-where the sex or violent offender resides, is employed, and attends
7463-school. The department shall transmit:
7464-(1) the sex or violent offender's name, date of relocation, and new
7465-address (if applicable), the offense or delinquent act committed
7466-by the sex or violent offender, and any other available descriptive
7467-information;
7468-(2) whether the sex or violent offender is a sexually violent
7469-predator;
7470-(3) the period for which the sex or violent offender will be
7471-required to register in Indiana; and
7472-(4) anything else required by law to make a registration
7473-determination.
7474-SECTION 160. IC 11-8-8-22, AS AMENDED BY P.L.214-2013,
7475-HEA 1050 175
7476-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7477-JULY 1, 2025]: Sec. 22. (a) As used in this section, "offender" means
7478-a sex offender (as defined in section 4.5 of this chapter) and a sex or
7479-violent offender (as defined in section 5 of this chapter).
7480-(b) Subsection (g) applies to an offender required to register under
7481-this chapter if, due to a change in federal or state law after June 30,
7482-2007, an individual who engaged in the same conduct as the offender:
7483-(1) would not be required to register under this chapter; or
7484-(2) would be required to register under this chapter but under less
7485-restrictive conditions than the offender is required to meet.
7486-(c) A person to whom this section applies may petition a court to:
7487-(1) remove the person's designation as an offender and order the
7488-department to remove all information regarding the person from
7489-the public portal of the sex and violent offender registry Internet
7490-web site website established under IC 36-2-13-5.5; or
7491-(2) require the person to register under less restrictive conditions.
7492-(d) A petition under this section shall be filed in the circuit or
7493-superior court of the county in which the offender resides. If the
7494-offender resides in more than one (1) county, the petition shall be filed
7495-in the circuit or superior court of the county in which the offender
7496-resides the greatest time. If the offender does not reside in Indiana, the
7497-petition shall be filed in the circuit or superior court of the county
7498-where the offender is employed the greatest time. If the offender does
7499-not reside or work in Indiana, but is a student in Indiana, the petition
7500-shall be filed in the circuit or superior court of the county where the
7501-offender is a student. If the offender is not a student in Indiana and does
7502-not reside or work in Indiana, the petition shall be filed in the county
7503-where the offender was most recently convicted of a crime listed in
7504-section 5 of this chapter.
7505-(e) After receiving a petition under this section, the court may:
7506-(1) summarily dismiss the petition; or
7507-(2) give notice to:
7508-(A) the department;
7509-(B) the attorney general;
7510-(C) the prosecuting attorney of:
7511-(i) the county where the petition was filed;
7512-(ii) the county where offender was most recently convicted
7513-of an offense listed in section 5 of this chapter; and
7514-(iii) the county where the offender resides; and
7515-(D) the sheriff of the county where the offender resides;
7516-and set the matter for hearing. The date set for a hearing must not be
7517-less than sixty (60) days after the court gives notice under this
7518-HEA 1050 176
7519-subsection.
7520-(f) If a court sets a matter for a hearing under this section, the
7521-prosecuting attorney of the county in which the action is pending shall
7522-appear and respond, unless the prosecuting attorney requests the
7523-attorney general to appear and respond and the attorney general agrees
7524-to represent the interests of the state in the matter. If the attorney
7525-general agrees to appear, the attorney general shall give notice to:
7526-(1) the prosecuting attorney; and
7527-(2) the court.
7528-(g) A court may grant a petition under this section if, following a
7529-hearing, the court makes the following findings:
7530-(1) The law requiring the petitioner to register as an offender has
7531-changed since the date on which the petitioner was initially
7532-required to register.
7533-(2) If the petitioner who was required to register as an offender
7534-before the change in law engaged in the same conduct after the
7535-change in law occurred, the petitioner would:
7536-(A) not be required to register as an offender; or
7537-(B) be required to register as an offender, but under less
7538-restrictive conditions.
7539-(3) If the petitioner seeks relief under this section because a
7540-change in law makes a previously unavailable defense available
7541-to the petitioner, that the petitioner has proved the defense.
7542-The court has the discretion to deny a petition under this section, even
7543-if the court makes the findings under this subsection.
7544-(h) The petitioner has the burden of proof in a hearing under this
7545-section.
7546-(i) If the court grants a petition under this section, the court shall
7547-notify:
7548-(1) the victim of the offense, if applicable;
7549-(2) the department of correction; and
7550-(3) the local law enforcement authority of every county in which
7551-the petitioner is currently required to register.
7552-(j) An offender may base a petition filed under this section on a
7553-claim that the application or registration requirements constitute ex
7554-post facto punishment.
7555-(k) A petition filed under this section must:
7556-(1) be submitted under the penalties of perjury;
7557-(2) list each of the offender's criminal convictions and state for
7558-each conviction:
7559-(A) the date of the judgment of conviction;
7560-(B) the court that entered the judgment of conviction;
7561-HEA 1050 177
7562-(C) the crime that the offender pled guilty to or was convicted
7563-of; and
7564-(D) whether the offender was convicted of the crime in a trial
7565-or pled guilty to the criminal charges; and
7566-(3) list each jurisdiction in which the offender is required to
7567-register as a sex offender or a violent offender.
7568-(l) The attorney general may initiate an appeal from any order
7569-granting an offender relief under this section.
7570-SECTION 161. IC 11-10-11.5-11, AS AMENDED BY
7571-P.L.209-2015, SECTION 3, IS AMENDED TO READ AS FOLLOWS
7572-[EFFECTIVE JULY 1, 2025]: Sec. 11. (a) While assigned to a
7573-community transition program, a person must comply with:
7574-(1) the rules concerning the conduct of persons in the community
7575-transition program, including rules related to payments described
7576-in section 12 of this chapter, that are adopted by the community
7577-corrections advisory board establishing the program or, in
7578-counties that are not served by a community corrections program,
7579-that are jointly adopted by the courts in the county with felony
7580-jurisdiction; and
7581-(2) any conditions established by the sentencing court for the
7582-person.
7583-(b) As a rule of the community transition program, a person
7584-convicted of a sex offense (as defined in IC 11-8-8-5.2) may not use a
7585-social networking web site website (as defined in IC 35-31.5-2-307) or
7586-an instant messaging or chat room program (as defined in
7587-IC 35-31.5-2-173) to communicate, directly or through an intermediary,
7588-with a child less than sixteen (16) years of age. However, the rules of
7589-the community transition program may permit the offender to
7590-communicate using a social networking web site website or an instant
7591-messaging or chat room program with:
7592-(1) the offender's own child, stepchild, or sibling; or
7593-(2) another relative of the offender specifically named in the rules
7594-applicable to that person.
7595-(c) As a rule of the community transition program, an individual
7596-may be required to receive:
7597-(1) addiction counseling;
7598-(2) inpatient detoxification;
7599-(3) case management;
7600-(4) daily living skills; and
7601-(5) medication assisted treatment, including a federal Food and
7602-Drug Administration approved long acting, nonaddictive
7603-medication for the treatment of opioid or alcohol dependence.
7604-HEA 1050 178
7605-SECTION 162. IC 11-10-12-6, AS AMENDED BY P.L.74-2015,
7606-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7607-JULY 1, 2025]: Sec. 6. (a) The department, during the ninety (90) days
7608-before a committed offender is:
7609-(1) released on parole;
7610-(2) assigned to a community transition program;
7611-(3) discharged from the department; or
7612-(4) released on probation;
7613-shall allow the committed offender to have Internet access to use web
7614-sites websites that contain employment information in accordance with
7615-rules adopted by the department.
7616-(b) The department shall provide employment counseling and
7617-Internet assistance to a committed offender who qualifies for Internet
7618-access under subsection (a), by a person trained in employment
7619-counseling and the use of Internet employment services.
7620-(c) The department may restrict Internet access for a committed
7621-offender under subsection (a) if the committed offender:
7622-(1) has a warrant or detainer seeking transfer of the person to a
7623-county or another jurisdiction;
7624-(2) is no longer within ninety (90) days of release due to loss of
7625-educational credit or good time credit, or the imposition of an
7626-additional criminal sentence;
7627-(3) does not reside in a department facility; or
7628-(4) has engaged in misconduct involving use of the Internet.
7629-SECTION 163. IC 11-13-3-4, AS AMENDED BY P.L.45-2022,
7630-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7631-JULY 1, 2025]: Sec. 4. (a) A condition to remaining on parole is that
7632-the parolee not commit a crime during the period of parole.
7633-(b) The parole board may also adopt, under IC 4-22-2, additional
7634-conditions to remaining on parole and require a parolee to satisfy one
7635-(1) or more of these conditions. These conditions must be reasonably
7636-related to the parolee's successful reintegration into the community and
7637-not unduly restrictive of a fundamental right.
7638-(c) If a person is released on parole, the parolee shall be given a
7639-written statement of the conditions of parole. Signed copies of this
7640-statement shall be:
7641-(1) retained by the parolee;
7642-(2) forwarded to any person charged with the parolee's
7643-supervision; and
7644-(3) placed in the parolee's master file.
7645-(d) The parole board may modify parole conditions if the parolee
7646-receives notice of that action and had ten (10) days after receipt of the
7647-HEA 1050 179
7648-notice to express the parolee's views on the proposed modification.
7649-This subsection does not apply to modification of parole conditions
7650-after a revocation proceeding under section 10 of this chapter.
7651-(e) As a condition of parole, the parole board may require the
7652-parolee to reside in a particular parole area. In determining a parolee's
7653-residence requirement, the parole board shall:
7654-(1) consider:
7655-(A) the residence of the parolee prior to the parolee's
7656-incarceration; and
7657-(B) the parolee's place of employment; and
7658-(2) assign the parolee to reside in the county where the parolee
7659-resided prior to the parolee's incarceration unless assignment on
7660-this basis would be detrimental to the parolee's successful
7661-reintegration into the community.
7662-(f) As a condition of parole, the parole board may require the
7663-parolee to:
7664-(1) periodically undergo a laboratory chemical test (as defined in
7665-IC 9-13-2-22) or series of tests to detect and confirm the presence
7666-of a controlled substance (as defined in IC 35-48-1-9); and
7667-(2) have the results of any test under this subsection reported to
7668-the parole board by the laboratory.
7669-The parolee is responsible for any charges resulting from a test
7670-required under this subsection. However, a person's parole may not be
7671-revoked on the basis of the person's inability to pay for a test under this
7672-subsection.
7673-(g) As a condition of parole, the parole board:
7674-(1) may require a parolee who is a sex offender (as defined in
7675-IC 11-8-8-4.5) to:
7676-(A) participate in a treatment program for sex offenders
7677-approved by the parole board; and
7678-(B) avoid contact with any person who is less than sixteen (16)
7679-years of age unless the parolee:
7680-(i) receives the parole board's approval; or
7681-(ii) successfully completes the treatment program referred to
7682-in clause (A); and
7683-(2) shall:
7684-(A) require a parolee who is a sex or violent offender (as
7685-defined in IC 11-8-8-5) to register with a local law
7686-enforcement authority under IC 11-8-8;
7687-(B) prohibit a parolee who is a sex offender from residing
7688-within one thousand (1,000) feet of school property (as defined
7689-in IC 35-31.5-2-285) for the period of parole, unless the sex
7690-HEA 1050 180
7691-offender obtains written approval from the parole board;
7692-(C) prohibit a parolee who is a sex offender convicted of a sex
7693-offense (as defined in IC 35-38-2-2.5) from residing within
7694-one (1) mile of the victim of the sex offender's sex offense
7695-unless the sex offender obtains a waiver under IC 35-38-2-2.5;
7696-(D) prohibit a parolee who is a sex offender from owning,
7697-operating, managing, being employed by, or volunteering at
7698-any attraction designed to be primarily enjoyed by children
7699-less than sixteen (16) years of age;
7700-(E) require a parolee who is a sex offender to consent:
7701-(i) to the search of the sex offender's personal computer at
7702-any time; and
7703-(ii) to the installation on the sex offender's personal
7704-computer or device with Internet capability, at the sex
7705-offender's expense, of one (1) or more hardware or software
7706-systems to monitor Internet usage; and
7707-(F) prohibit the sex offender from:
7708-(i) accessing or using certain web sites, websites, chat
7709-rooms, or instant messaging programs frequented by
7710-children; and
7711-(ii) deleting, erasing, or tampering with information on the
7712-sex offender's personal computer with intent to conceal an
7713-activity prohibited by item (i).
7714-The parole board may not grant a sexually violent predator (as defined
7715-in IC 35-38-1-7.5) or a sex offender who is an offender against children
7716-under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the
7717-parole board allows the sex offender to reside within one thousand
7718-(1,000) feet of school property under subdivision (2)(B), the parole
7719-board shall notify each school within one thousand (1,000) feet of the
7720-sex offender's residence of the order.
7721-(h) The address of the victim of a parolee who is a sex offender
7722-convicted of a sex offense (as defined in IC 35-38-2-2.5) is
7723-confidential, even if the sex offender obtains a waiver under
7724-IC 35-38-2-2.5.
7725-(i) As a condition of parole, the parole board may require a parolee
7726-to participate in a reentry court program.
7727-(j) This subsection does not apply to a person on lifetime parole. As
7728-a condition of parole, the parole board shall require a parolee who is a
7729-sexually violent predator under IC 35-38-1-7.5 or who is a sex or
7730-violent offender (as defined in IC 11-8-8-5) to wear a monitoring
7731-device (as described in IC 35-38-2.5-3) that can transmit information
7732-twenty-four (24) hours each day regarding a person's precise location,
7733-HEA 1050 181
7734-subject to a validated sex offender risk assessment, and subject to the
7735-amount appropriated to the department for a monitoring program as a
7736-condition of parole.
7737-(k) As a condition of parole, the parole board may prohibit, in
7738-accordance with IC 35-38-2-2.6, a parolee who has been convicted of
7739-stalking from residing within one thousand (1,000) feet of the residence
7740-of the victim of the stalking for a period that does not exceed five (5)
7741-years.
7742-(l) As a condition of parole, the parole board may prohibit a parolee
7743-convicted of an offense under IC 35-46-3 from owning, harboring, or
7744-training an animal, and, if the parole board prohibits a parolee
7745-convicted of an offense under IC 35-46-3 from having direct or indirect
7746-contact with an individual, the parole board may also prohibit the
7747-parolee from having direct or indirect contact with any animal
7748-belonging to the individual.
7749-(m) As a condition of parole, the parole board may require a parolee
7750-to receive:
7751-(1) addiction counseling;
7752-(2) inpatient detoxification;
7753-(3) case management;
7754-(4) daily living skills; and
7755-(5) medication assisted treatment, including a federal Food and
7756-Drug Administration approved long acting, nonaddictive
7757-medication for the treatment of opioid or alcohol dependence.
7758-(n) A parolee may be responsible for the reasonable expenses, as
7759-determined by the department, of the parolee's participation in a
7760-treatment or other program required as a condition of parole under this
7761-section. However, a person's parole may not be revoked solely on the
7762-basis of the person's inability to pay for a program required as a
7763-condition of parole under this section.
7764-(o) As a condition of parole, the parole board shall prohibit a person
7765-convicted of an animal abuse offense (as defined in IC 35-38-2-2.8)
7766-from owning, harboring, or training a companion animal (as defined in
7767-IC 35-38-2-2.8).
7768-SECTION 164. IC 11-13-3-11, AS ADDED BY P.L.45-2022,
7769-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7770-JULY 1, 2025]: Sec. 11. (a) As used in this section, "Internet crime
7771-against a child" means a conviction for a violation of:
7772-(1) IC 35-42-4-4(b) or IC 35-42-4-4(c) (child exploitation);
7773-(2) IC 35-42-4-4(d) or IC 35-42-4-4(e) (possession of child
7774-pornography); or
7775-(3) IC 35-42-4-6 (child solicitation).
7776-HEA 1050 182
7777-(b) When a person is placed on lifetime parole, the department shall
7778-provide the parolee with a written statement of the conditions of
7779-lifetime parole. The parolee shall sign the statement, retain a copy, and
7780-provide a copy to the department. The department shall place the
7781-signed statement in the parolee's master file.
7782-(c) As a condition of lifetime parole, the parole board shall:
7783-(1) require a parolee who is a sexually violent predator (as defined
7784-in IC 35-38-1-7.5) to:
7785-(A) inform the parolee's parole agent of any changes to the
7786-parolee's residence, employment, or contact information not
7787-later than seventy-two (72) hours after the change;
7788-(B) report to the parole agent as instructed;
7789-(C) avoid contact with any person who is less than sixteen (16)
7790-years of age, unless the parolee receives written authorization
7791-from the parole board; and
7792-(D) avoid contact with the victim of any sex crime committed
7793-by that parolee, unless the parolee receives written
7794-authorization from the parole board;
7795-(2) prohibit a parolee who is a sexually violent predator convicted
7796-of an Internet crime against a child from:
7797-(A) accessing or using certain Internet web sites, websites,
7798-chat rooms, or instant messaging programs frequented by
7799-children; and
7800-(B) deleting, erasing, or tampering with data on the parolee's
7801-personal computer;
7802-(3) prohibit a parolee who is a sexually violent predator from
7803-owning, operating, managing, being employed by, or volunteering
7804-at an attraction designed to be primarily enjoyed by a child less
7805-than sixteen (16) years of age; and
7806-(4) require a parolee to allow the parolee's supervising parole
7807-agent or another person authorized by the parole board to visit the
7808-parolee's residence, real property, or place of employment.
7809-(d) As a condition of lifetime parole, the parole board may require
7810-a sexually violent predator to participate in a sex offender treatment
7811-program approved by the parole board.
7812-(e) As a condition of lifetime parole, the parole board may require
7813-a parolee who is:
7814-(1) a sexually violent predator; or
7815-(2) required to register as a sex or violent offender under
7816-IC 11-8-8-5 due to a conviction for murder (IC 35-42-1-1) or
7817-voluntary manslaughter (IC 35-42-1-3);
7818-to wear a monitoring device (as described in IC 35-38-2.5-3) that can
7819-HEA 1050 183
7820-transmit information twenty-four (24) hours each day regarding a
7821-person's precise location, subject to a validated sex offender risk
7822-assessment or appropriate violent offender risk assessment, and subject
7823-to the amount appropriated to the department for a monitoring program
7824-as a condition of lifetime parole.
7825-(f) When an offender is placed on lifetime parole, the parole board
7826-shall inform the sheriff and the prosecuting attorney of the offender's
7827-current county of residence:
7828-(1) that the offender has been placed on lifetime parole; and
7829-(2) whether the offender is required to wear a monitoring device
7830-as described in subsection (e).
7831-(g) The parole board may adopt rules under IC 4-22-2 to impose
7832-additional conditions of lifetime parole and to implement this section.
7833-SECTION 165. IC 12-7-2-22, AS AMENDED BY
7834-P.L.180-2022(ss), SECTION 10, IS AMENDED TO READ AS
7835-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 22. "Board" means has
7836-the following meaning:
7837-(1) For purposes of IC 12-8-6.5-14, the meaning set forth in
7838-IC 12-8-6.5-14(a).
7839-(2) For purposes of IC 12-8-6.5-14.1, the meaning set forth in
7840-IC 12-8-6.5-14.1(a).
7841-(3) For purposes of IC 12-8-6.5-14.3, the meaning set forth in
7842-IC 12-8-6.5-14.3(a).
7843-(4) For purposes of IC 12-8-6.5-15, the meaning set forth in
7844-IC 12-8-6.5-15(a).
7845-(2) (5) For purposes of IC 12-10-10 and IC 12-10-11, the
7846-community and home options to institutional care for the elderly
7847-and disabled board established by IC 12-10-11-1.
7848-(3) (6) For purposes of IC 12-11-14, the meaning set forth in
7849-IC 12-11-14-3.
7850-(4) (7) For purposes of IC 12-12-7-5, the meaning set forth in
7851-IC 12-12-7-5(a).
7852-(5) (8) For purposes of IC 12-15-35, the meaning set forth in
7853-IC 12-15-35-2.
7854-SECTION 166. IC 12-8-6.5-14.3, AS ADDED BY P.L.42-2024,
7855-SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7856-JULY 1, 2025]: Sec. 14.3. (a) As used in this section, "board" refers to
7857-the doula reimbursement advisory board established by section 14 of
7858-this chapter.
7859-(b) A member of the general assembly appointed to the board serves
7860-a two (2) year term that expires June 30 of an odd-numbered year.
7861-(c) The terms of the lay members of the board expire as follows:
7862-HEA 1050 184
7863-(1) For a member appointed under subsection section 14(c)(2)(B),
7864-14(c)(2)(C), 14(c)(2)(D), or 14(c)(2)(E) of this chapter, June 30
7865-of each odd-numbered year.
7866-(2) For a member appointed under subsection section
7867-14(c)(2)(A), 14(c)(2)(F), 14(c)(2)(G), 14(c)(2)(H), or 14(c)(2)(I)
7868-of this chapter, June 30, 2027, and every fourth year thereafter.
7869-(d) A member of the board serves at the pleasure of the appointing
7870-authority and may be reappointed to successive terms.
7871-(e) A vacancy on the board shall be filled by the appropriate
7872-appointing authority. An individual appointed to fill a vacancy serves
7873-for the unexpired term of the individual's predecessor.
7874-SECTION 167. IC 12-14-2-23, AS AMENDED BY P.L.103-2023,
7875-SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7876-JULY 1, 2025]: Sec. 23. (a) This section applies only to a person's
7877-eligibility for assistance under section 5.1 of this chapter.
7878-(b) As used in this section, "school" means a program resulting in
7879-high school graduation.
7880-(c) Due to extraordinary circumstances, a person who is the parent
7881-of a dependent child, an essential person, or a dependent child may
7882-apply, in a manner prescribed by the division, for an exemption from
7883-the requirements of this chapter if the person can document that the
7884-person has complied with the personal responsibility agreement under
7885-section 21 of this chapter and the person demonstrates any of the
7886-following:
7887-(1) The person has a substantial physical or mental disability that
7888-prevents the person from obtaining or participating in gainful
7889-employment.
7890-(2) The person is a minor parent who is in school full time and
7891-who has a dependent child.
7892-(3) The person is a minor parent who is enrolled full time in an
7893-educational program culminating in a high school equivalency
7894-certificate and who has a dependent child.
7895-A person seeking an exemption under this section must show
7896-documentation to the division to substantiate the person's claim for an
7897-exemption under subdivision (1), (2), or (3).
7898-(d) After receiving an application for exemption from a parent, an
7899-essential person, or a dependent child under subsection (c), the division
7900-shall investigate and determine if the parent, essential person, or
7901-dependent child qualifies for an exemption from this chapter. The
7902-director shall make a final determination regarding:
7903-(1) whether to grant an exemption;
7904-(2) the length of an exemption, if granted, subject to subsection
7905-HEA 1050 185
7906-(f); and
7907-(3) the extent of an exemption, if granted.
7908-(e) If the director determines that a parent, an essential person, or a
7909-dependent child qualifies for an exemption under this chapter, the
7910-parent, essential person, or dependent child is entitled to receive one
7911-hundred percent (100%) of the payments that the parent, essential
7912-person, or dependent child is entitled to receive under this chapter,
7913-subject to any ratable reduction.
7914-(f) An exemption granted under this section may not exceed one (1)
7915-year, but may be renewed.
7916-(g) The division shall publish the number and type of exemptions
7917-granted under this section on the division's Internet web site. website.
7918-(h) The division may adopt rules under IC 4-22-2 to carry out this
7919-section.
7920-SECTION 168. IC 12-15-30.5-4, AS AMENDED BY P.L.156-2020,
7921-SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7922-JULY 1, 2025]: Sec. 4. (a) A broker must do the following:
7923-(1) Submit monthly reports to the office of the secretary for the
7924-office of the secretary to post on the office of the secretary's
7925-Internet web site website of the following:
7926-(A) A list and map by county of the number of vehicles, by
7927-vehicle type, that are contracted, credentialed, and available to
7928-provide nonemergency medical transportation in that county.
7929-(B) Based upon a comparison of trip-leg identification
7930-numbers issued by the broker to the corresponding claim
7931-submitted with that trip-leg identification number, the number
7932-of instances in which a requested nonemergency medical
7933-transportation for an eligible Medicaid recipient was not
7934-provided, including whether:
7935-(i) the instance related to picking up the recipient to go to an
7936-appointment;
7937-(ii) the instance related to picking up the recipient from an
7938-appointment;
7939-(iii) the instance related to a Medicaid recipient or
7940-transportation provider not being available;
7941-(iv) the recipient resides in the community, a health facility,
7942-an intermediate care facility for individuals with intellectual
7943-disabilities, a hospital, or another location; and
7944-(v) the instance resulted from the transportation request
7945-being canceled by the transportation provider more than
7946-forty-eight (48) hours before the appointment or within
7947-forty-eight (48) hours of the appointment.
7948-HEA 1050 186
7949-(C) A summary of the complaints received by the broker,
7950-whether or not the complaints have been substantiated.
7951-Information under this clause must include the total number of
7952-complaints and whether the complaint related to:
7953-(i) a scheduled ride to go to an appointment;
7954-(ii) a scheduled ride from an appointment; and
7955-(iii) a recipient who resided in the community, a health
7956-facility, an intermediate care facility for individuals with
7957-intellectual disabilities, a hospital, or another location.
7958-(2) Submit monthly to the office of the secretary for the office of
7959-the secretary to post on the office of the secretary's Internet web
7960-site website a report comparing:
7961-(A) the number of eligible Medicaid recipients; to
7962-(B) the number of contracted and credentialed transportation
7963-vehicles, by type and by county, that are available to provide
7964-nonemergency medical transportation in a county;
7965-and including the calculation of the ratio of eligible Medicaid
7966-recipients to vehicle type.
7967-(3) Submit a monthly report to the office of the secretary that
7968-includes the following information for the previous month:
7969-(A) The number of ride requests received and scheduled
7970-trip-leg identification numbers issued.
7971-(B) Call center statistics.
7972-(C) Information on claims payments, including claim denial
7973-reason codes.
7974-(D) Program integrity referrals.
7975-(E) Information concerning grievances and appeals, including
7976-the status of any grievance or appeal that is either open or
7977-closed in the month of the report.
7978-(b) If the broker has not assigned a transportation provider to a
7979-request for nonemergency medical transportation within forty-eight
7980-(48) hours of the time in which the transportation is to be provided, the
7981-broker shall do the following:
7982-(1) Take steps to notify the:
7983-(A) Medicaid recipient for which the request was made; and
7984-(B) health facility, if the Medicaid recipient resides in a health
7985-facility;
7986-that a transportation provider has not yet been assigned.
7987-(2) Continue to make every effort in securing transportation for
7988-the Medicaid recipient and immediately notify the recipient
7989-described in subdivision (1)(A) and, if applicable, the health
7990-facility described in subdivision (1)(B), when transportation has
7991-HEA 1050 187
7992-been assigned.
7993-(3) Document whether the notice required under subdivision (1)
7994-was communicated to the Medicaid recipient or a person on
7995-behalf of the Medicaid recipient, and the method of
7996-communication.
7997-SECTION 169. IC 12-15-30.5-5, AS ADDED BY P.L.116-2019,
7998-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7999-JULY 1, 2025]: Sec. 5. (a) A broker shall establish, implement, and
8000-maintain the following:
8001-(1) One (1) toll free telephone number clearly identified for the
8002-handling of complaints concerning the nonemergency medical
8003-transportation services.
8004-(2) A link on the home page of the broker's Internet web site
8005-website titled "File a Complaint Here" that is accessible by the
8006-public and that allows for the submission of a complaint
8007-concerning the nonemergency medical transportation services.
8008-(3) Instructions on the broker's Internet web site website on how
8009-to file a complaint concerning nonemergency medical
8010-transportation services.
8011-(4) A process to notify a person who files a complaint about:
8012-(A) the steps the broker will take to investigate the complaint;
8013-and
8014-(B) the results of the investigation.
8015-(b) Except for disclosure to the office of the secretary, the broker
8016-shall keep confidential the identity of any individual who submits a
8017-complaint with the broker concerning nonemergency medical
8018-transportation services.
8019-(c) If a complaint concerning nonemergency medical transportation
8020-services made to the broker is substantiated, the broker shall develop
8021-a remediation plan concerning the complaint and submit the
8022-remediation plan to the office of the secretary for the office of the
8023-secretary to post the remediation plan on the office of the secretary's
8024-Internet web site. website.
8025-SECTION 170. IC 12-15-35-50, AS ADDED BY P.L.187-2007,
8026-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8027-JULY 1, 2025]: Sec. 50. (a) IC 12-15-13-6 does not apply to this
8028-section.
8029-(b) The office shall maintain an Internet web site a website and post
8030-on the web site website any changes concerning the office's maximum
8031-allowable cost schedule for drugs.
8032-(c) A change in the office's maximum allowable cost schedule for
8033-drugs may not take effect less than thirty (30) days after the change is
8034-HEA 1050 188
8035-posted on the office's Internet web site. website.
8036-(d) The office is not required to mail a notice to providers
8037-concerning a change in the office's maximum allowable cost schedule
8038-for drugs.
8039-(e) A pharmacy may determine not to participate in the Medicaid
8040-program because of a change to the office's maximum allowable cost
8041-schedule for drugs if the pharmacy notifies the office not less than
8042-thirty (30) days after the changes take effect.
8043-SECTION 171. IC 12-17.2-2-1, AS AMENDED BY P.L.121-2020,
8044-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8045-JULY 1, 2025]: Sec. 1. The division shall perform the following duties:
8046-(1) Administer the licensing and monitoring of child care centers
8047-or child care homes in accordance with this article.
8048-(2) Ensure that a national criminal history background check of
8049-the following is completed through the state police department
8050-under IC 10-13-3-39 before issuing a license:
8051-(A) An applicant for a license.
8052-(B) An employee or volunteer of an applicant who may be
8053-present on the premises of the child care center or child care
8054-home during the operating hours of the child care center or
8055-child care home.
8056-(C) If an applicant is applying for a license to operate a child
8057-care home, the following:
8058-(i) The applicant's spouse.
8059-(ii) The applicant's household members who are at least
8060-eighteen (18) years of age or who are less than eighteen (18)
8061-years of age but have previously been waived from juvenile
8062-court to adult court.
8063-(3) Ensure that a national criminal history background check of
8064-the following is completed through the state police department
8065-under IC 10-13-3-39 before registering a child care ministry:
8066-(A) An applicant for a child care ministry registration.
8067-(B) An employee or volunteer of an applicant who may be
8068-present on the premises of the child care ministry during the
8069-operating hours of the child care ministry.
8070-(4) Provide for the issuance, denial, suspension, and revocation of
8071-licenses.
8072-(5) Cooperate with governing bodies of child care centers and
8073-child care homes and their staffs to improve standards of child
8074-care.
8075-(6) Prepare at least biannually a directory of licensees with a
8076-description of the program capacity and type of children served
8077-HEA 1050 189
8078-that will be distributed to the legislature, licensees, and other
8079-interested parties as a public document.
8080-(7) Deposit all license application fees collected under section 2
8081-of this chapter in the division of family resources child care fund
8082-established by section 3 of this chapter.
8083-(8) Require each child care center or child care home to record
8084-proof of a child's date of birth before accepting the child. A child's
8085-date of birth may be proven by the child's original birth certificate
8086-or other reliable proof of the child's date of birth, including a duly
8087-attested transcript of a birth certificate.
8088-(9) Provide an Internet web site a website through which
8089-members of the public may obtain the following information:
8090-(A) Information concerning violations of this article by a
8091-licensed child care provider, including:
8092-(i) the identity of the child care provider;
8093-(ii) the date of the violation; and
8094-(iii) action taken by the division in response to the violation.
8095-(B) Current status of a child care provider's license.
8096-(C) Other relevant information.
8097-The Internet web site website may not contain the address of a
8098-child care home or information identifying an individual child.
8099-However, the site website may include the county and ZIP code
8100-in which a child care home is located.
8101-(10) Provide or approve training concerning safe sleeping
8102-practices for children to:
8103-(A) a provider who operates a child care program in the
8104-provider's home as described in IC 12-17.2-3.5-12.5;
8105-(B) a child care home licensed under IC 12-17.2-5;
8106-(C) a child care center licensed under IC 12-17.2-4; and
8107-(D) a child care ministry registered under IC 12-17.2-6;
8108-including practices to reduce the risk of sudden infant death
8109-syndrome.
8110-SECTION 172. IC 12-17.2-3.5-3.5, AS ADDED BY P.L.134-2024,
8111-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8112-JULY 1, 2025]: Sec. 3.5. A child care provider is eligible to receive a
8113-voucher payment if the provider complies with this chapter and meets
8114-any of the following:
8115-(1) Does not receive regular compensation.
8116-(2) Cares only for children who are related to the provider.
8117-(3) Cares for less than eight (8) children, not including children
8118-for whom the provider is a parent, stepparent, guardian,
8119-custodian, or other relative. or
8120-HEA 1050 190
8121-(4) Operates to serve migrant children.
8122-SECTION 173. IC 12-17.2-7.2-1, AS AMENDED BY
8123-P.L.201-2023, SECTION 138, IS AMENDED TO READ AS
8124-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this
8125-chapter, "eligible child" refers to an individual who:
8126-(1) is at least four (4) years of age and less than five (5) years of
8127-age on August 1 of the state fiscal year for which a grant is sought
8128-under the prekindergarten pilot program;
8129-(2) is a resident of Indiana or otherwise has legal settlement in
8130-Indiana, as determined under IC 20-26-11;
8131-(3) is a member of a household with an annual income that does
8132-not exceed one hundred fifty percent (150%) of the federal
8133-poverty level;
8134-(4) receives qualified early education services from an eligible
8135-provider, as determined by the office;
8136-(5) has a parent or guardian who participates in a parental
8137-engagement and involvement component provided by the eligible
8138-provider;
8139-(6) has a parent or guardian who agrees to ensure that the child
8140-meets the attendance requirements determined by the office; and
8141-(7) meets the requirements under section 7.2(a) and 7.2(c) of this
8142-chapter.
8143-SECTION 174. IC 12-18-9-13, AS ADDED BY P.L.258-2017,
8144-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8145-JULY 1, 2025]: Sec. 13. (a) The statewide domestic violence fatality
8146-review committee shall submit to the legislative council, the governor,
8147-the Indiana criminal justice institute, and the coalition before
8148-December 31 of each even-numbered year a report that includes the
8149-following information:
8150-(1) A summary of the data collected and reviewed by the
8151-statewide domestic violence fatality review committee.
8152-(2) Trends and patterns that have been identified by the statewide
8153-domestic violence fatality review committee concerning deaths
8154-due to domestic violence in Indiana.
8155-(3) Recommended actions or resources to prevent domestic
8156-violence fatalities in Indiana.
8157-(b) A report submitted under this section to the legislative council
8158-must be in an electronic format under IC 5-14-6.
8159-(c) The statewide domestic violence fatality review committee shall
8160-provide a copy of a report submitted under this section to a member of
8161-the public upon request.
8162-(d) The Indiana criminal justice institute shall make the report
8163-HEA 1050 191
8164-available on the Indiana criminal justice institute's Internet web site.
8165-website.
8166-SECTION 175. IC 12-20-28-4, AS ADDED BY P.L.75-2021,
8167-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8168-JULY 1, 2025]: Sec. 4. (a) Each township trustee within a county shall
8169-collaborate together annually to prepare a written comprehensive list
8170-of assistance. The list shall include assistance that is available:
8171-(1) to the homeless population for each township; and
8172-(2) from both public and known private resources, including
8173-township assistance.
8174-The list of assistance must provide the address and telephone number
8175-of each listed public and private resource.
8176-(b) Not later than March 1 of each year, the list prepared under this
8177-section shall be:
8178-(1) distributed to each city, town, and township within a county;
8179-and
8180-(2) if the county has an Internet web site, a website, published
8181-and maintained on the county's Internet web site. website.
8182-SECTION 176. IC 12-21-5-5, AS AMENDED BY P.L.10-2019,
8183-SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8184-JULY 1, 2025]: Sec. 5. (a) The division shall develop a statewide
8185-program for suicide prevention.
8186-(b) The division shall employ a coordinator of the statewide
8187-program for suicide prevention to implement and maintain the
8188-statewide program for suicide prevention.
8189-(c) The statewide program for suicide prevention must include a
8190-state plan for suicide prevention that must address the following:
8191-(1) Educational opportunities and activities to increase awareness
8192-and knowledge of the public.
8193-(2) Training for individuals who may have frequent contact with
8194-individuals at risk of suicide on warning signs and tendencies that
8195-may evidence that an individual is considering suicide.
8196-(3) Materials to increase public awareness of suicide and suicide
8197-prevention.
8198-(4) Enhancement of crisis services relating to suicide prevention.
8199-(5) Assistance for school corporations on suicide awareness and
8200-intervention training.
8201-(6) Coordination of county and regional advisory groups to
8202-support the statewide program.
8203-(7) Coordination with appropriate entities to identify and address
8204-barriers in providing services to individuals at risk of suicide.
8205-(8) Maintenance of an Internet web site a website containing
8206-HEA 1050 192
8207-information and resources related to suicide awareness,
8208-prevention, and intervention.
8209-(9) Development of recommendations for improved collection of
8210-data on suicide and factors related to suicide.
8211-(10) Development and submission of proposals for funding from
8212-federal agencies or other sources of funding.
8213-SECTION 177. IC 13-13-7.1-6, AS AMENDED BY P.L.42-2024,
8214-SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8215-JULY 1, 2025]: Sec. 6. The chairperson of the legislative council shall
8216-appoint the chair of the panel from the members appointed under
8217-section 2(1) or 2(2) of this chapter. The chair of the panel serves at the
8218-pleasure of the chairperson of the legislative council. The panel shall
8219-meet at the call of the chairperson. chair of the panel.
8220-SECTION 178. IC 14-10-2-2.5, AS AMENDED BY P.L.128-2024,
8221-SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8222-JULY 1, 2025]: Sec. 2.5. (a) A person who is the party in a hearing
8223-under this title or IC 4-15-10.5 may move to have the:
8224-(1) administrative law judge appointed under IC 4-15-10.5; or
8225-(2) administrative law judge appointed under section 2 of this
8226-chapter;
8227-consolidate multiple proceedings that are subject to the jurisdiction of
8228-both the office of administrative law proceedings and the division of
8229-hearings.
8230-(b) An administrative law judge shall grant the motion made under
8231-subsection (a) if the following findings are made:
8232-(1) The proceedings include the following:
8233-(A) Common questions of law or fact.
8234-(B) At least one (1) person, other than the department or the
8235-department of environmental management, who is a party to
8236-all the proceedings.
8237-(C) Issues of water quality, water quantity, or both.
8238-(2) Consolidation may support administrative efficiency.
8239-(c) If a motion to consolidate proceedings has been granted under
8240-subsection (b), the hearing must be conducted by a panel that consists
8241-of at least two (2) administrative law judges. The panel is the ultimate
8242-authority for matters authorized under IC 4-21.5-7-5 IC 4-15-10.5 and
8243-this title. Any party, including the department and the department of
8244-environmental management, may petition an appropriate court for
8245-judicial review of a final determination of the panel.
8246-(d) The office of administrative law proceedings and the division of
8247-hearings shall adopt joint rules to implement this section.
8248-SECTION 179. IC 14-12-2-15, AS AMENDED BY P.L.42-2024,
8249-HEA 1050 193
8250-SECTION 107, IS AMENDED TO READ AS FOLLOWS
8251-[EFFECTIVE JULY 1, 2025]: Sec. 15. (a) As used in this section,
8252-"appointing authority" refers to:
8253-(1) the governor in the case of a member appointed under section
8254-14(b)(7) of this chapter; or
8255-(2) the speaker of the house of representatives, the minority leader
8256-of the house of representatives, the president pro tempore of the
8257-senate, or the minority leader of the senate in the case of a
8258-member appointed under section 14(b)(8) of this chapter,
8259-whichever is applicable.
8260-(b) As used in this section, "member" refers to a member of the
8261-project commission appointed under section 14(b)(7) through 14(b)(8)
8262-of this chapter.
8263-(c) Except as provided in subsection (e), The term of a member
8264-begins on the later of the following:
8265-(1) The day the term of the member who the individual is
8266-appointed to succeed expires.
8267-(2) The day the individual is appointed by the appointing
8268-authority.
8269-(d) A member serves at the pleasure of the appointing authority. The
8270-term of a member expires as follows:
8271-(1) June 30 of an odd-numbered year for a member appointed
8272-under section 14(b)(8) of this chapter.
8273-(2) June 30, 2025, and each fourth year thereafter for a member
8274-appointed under section 14(b)(7)(C)(i), 14(b)(7)(C)(iii), or
8275-14(b)(7)(C)(v) of this chapter.
8276-(3) December 31, 2025, and each fourth year thereafter for a
8277-member appointed under section 14(b)(7)(C)(ii) or
8278-14(b)(7)(C)(iv) of this chapter.
8279-(e) The appointing authority may reappoint a member for a new
8280-term.
8281-(f) The appointing authority shall appoint an individual to fill a
8282-vacancy among the members. An individual appointed to fill a vacancy
8283-serves for the unexpired term of the individual's predecessor.
8284-SECTION 180. IC 14-12-2-17, AS AMENDED BY P.L.42-2024,
8285-SECTION 109, IS AMENDED TO READ AS FOLLOWS
8286-[EFFECTIVE JULY 1, 2025]: Sec. 17. (a) The project commission
8287-shall meet at least quarterly and at the call of the chairman. chair.
8288-(b) The project commission may convene a meeting at any location
8289-in Indiana.
8290-(c) The project commission shall plan and conduct meetings in a
8291-manner that promotes broad public participation and ensures that the
8292-HEA 1050 194
8293-views of the members of the public attending the meetings may be
8294-fairly presented.
8295-(d) The department of natural resources shall provide staff support
8296-to the project commission.
8297-SECTION 181. IC 14-28-1-22, AS AMENDED BY P.L.105-2024,
8298-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8299-JULY 1, 2025]: Sec. 22. (a) As used in subsection (b)(1) with respect
8300-to a stream, "total length" means the length of the stream, expressed in
8301-miles, from the confluence of the stream with the receiving stream to
8302-the upstream or headward extremity of the stream, as indicated by the
8303-solid or dashed, blue or purple line depicting the stream on the most
8304-current edition of the seven and one-half (7 1/2) minute topographic
8305-quadrangle map published by the United States Geological Survey,
8306-measured along the meanders of the stream as depicted on the map.
8307-(b) A person is not required to obtain a permit from the department
8308-for the following activities:
8309-(1) A reconstruction or maintenance project (as defined in
8310-IC 36-9-27) on a stream or an open regulated drain if the total
8311-length of the stream or open drain is not more than ten (10) miles.
8312-(2) A construction or reconstruction project on a state or county
8313-highway bridge in a rural area that crosses a stream having an
8314-upstream drainage area of not more than fifty (50) square miles
8315-and the relocation of utility lines associated with the construction
8316-or reconstruction project if confined to an area not more than one
8317-hundred (100) feet from the limits of the highway construction
8318-right-of-way.
8319-(3) The performance of an activity described in subsection (c)(1)
8320-or (c)(2) by a surface coal mining operation that is operated under
8321-a permit issued under IC 14-34.
8322-(4) Any other activity that is determined by the commission,
8323-according to rules adopted under IC 4-22-2, to pose not more than
8324-a minimal threat to floodway areas.
8325-(5) An activity in a boundary river floodway to which section 26.5
8326-of this chapter applies.
8327-(6) The activities of a forestry operation that are:
8328-(A) conducted in compliance with the Indiana Logging and
8329-Forestry Best Management Practices Field Guide published by
8330-the department of natural resources; and
8331-(B) confined to a waterway that has a watershed not greater
8332-than ten (10) square miles.
8333-(7) The removal of a logjam or mass of wood debris that has
8334-accumulated in a river or stream, subject to the following
8335-HEA 1050 195
8336-conditions:
8337-(A) Work must not be within a salmonid stream designated
8338-under 327 IAC 2-1.5-5 without the prior written approval of
8339-the department's division of fish and wildlife.
8340-(B) Work must not be within a natural, scenic, or recreational
8341-river or stream designated under 312 IAC 7-2.
8342-(C) Except as otherwise provided in Indiana law, the following
8343-apply to logs that are crossways in the channel:
8344-(i) Free logs must be relocated and removed from the flood
8345-plain. A free log includes a log that is still attached to a root
8346-system that is no longer in the ground.
8347-(ii) Affixed logs must be cut, relocated, and removed from
8348-the floodplain. flood plain. An affixed log includes a log
8349-that is still attached to a root system that is still in the
8350-ground. If the root system is still in the ground, the log must
8351-be cut so as to allow the root system to remain in the ground.
8352-However, cutting and removing the affixed log is not
8353-required if, in the opinion of the individual removing the
8354-log, the cutting and removing would create an unreasonable
8355-risk of bodily harm to the individual.
8356-Logs may be maintained in the floodplain flood plain if
8357-properly anchored or otherwise secured so as to resist flotation
8358-or dislodging by the flow of water and placement in an area
8359-that is not a wetland. Logs must be removed and secured with
8360-a minimum of damage to vegetation.
8361-(D) Isolated or single logs that are embedded, lodged, or
8362-rooted in the channel, and that do not span the channel or
8363-cause flow problems, must not be removed unless the logs are
8364-either of the following:
8365-(i) Associated with or in close proximity to larger
8366-obstructions.
8367-(ii) Posing a hazard to agriculture, business, navigation, or
8368-property.
8369-(E) A leaning or severely damaged tree that is in immediate
8370-danger of falling into the waterway may be cut and removed.
8371-The root system and stump of the tree must be left in place.
8372-(F) To the extent practicable, the construction of access roads
8373-must be minimized, and should not result in the elevation of
8374-the floodplain. flood plain.
8375-(G) To the extent practicable, work should be performed
8376-exclusively from one (1) side of a waterway. Crossing the bed
8377-of a waterway is prohibited.
8378-HEA 1050 196
8379-(H) To prevent the flow of sediment laden water back into the
8380-waterway, appropriate sediment control measures must be
8381-installed.
8382-(I) Within fifteen (15) days, all bare and disturbed areas must
8383-be revegetated with a mixture of grasses and legumes. Tall
8384-fescue must not be used under this subdivision, except that low
8385-endophyte tall fescue may be used in the bottom of the
8386-waterway and on side slopes.
8387-(J) A logjam or mass of wood debris that is removed from a
8388-river or stream may be burned so completely as to eliminate
8389-the risk that the resulting ash and remnants will not cause
8390-another logjam, unless a local ordinance specifies otherwise.
8391-(K) Subject to clause (M), A person removing a logjam or a
8392-mass of wood debris from a river or stream under this
8393-subdivision without obtaining a permit:
8394-(i) may use the means that the person believes to present the
8395-lowest risk of physical injury to individuals performing the
8396-removal work; and
8397-(ii) may, subject to clause (G), use mechanical equipment
8398-appropriate to the task of removing the logjam or mass of
8399-wood debris.
8400-(L) A person removing a logjam or a mass of wood debris
8401-from a river or stream under this subdivision must comply
8402-with the following:
8403-(i) Section 404 of the federal Clean Water Act (33 U.S.C.
8404-1344).
8405-(ii) IC 13-18-22 (state regulated wetlands).
8406-(c) Except for an activity under subsection (b), a person who desires
8407-to:
8408-(1) erect, make, use, or maintain a structure, an obstruction, a
8409-deposit, or an excavation; or
8410-(2) suffer or permit a structure, an obstruction, a deposit, or an
8411-excavation to be erected, made, used, or maintained;
8412-in or on a floodway must file with the director a verified written
8413-application for a permit. The permit application must be accompanied
8414-by a nonrefundable minimum fee of two hundred dollars ($200).
8415-(d) A permit application filed under this section:
8416-(1) must set forth the material facts concerning the structure,
8417-obstruction, deposit, or excavation; and
8418-(2) must be accompanied by plans and specifications for the
8419-structure, obstruction, deposit, or excavation.
8420-(e) This subsection does not apply to the state or a county, city, or
8421-HEA 1050 197
8422-town. A person who files a permit application under this section must
8423-provide:
8424-(1) documentation of the person's ownership of the site where the
8425-proposed work will be performed; or
8426-(2) an affidavit from the owner of the site where the proposed
8427-work will be performed expressly authorizing the performance of
8428-the proposed work on that site.
8429-(f) A person who applies for a permit under this section may file an
8430-amendment to the person's permit application. The director may
8431-approve a permit application amendment filed under this subsection
8432-only if the permit, as amended by the amendment, would meet the
8433-requirements of this section.
8434-(g) Two (2) or more persons may jointly apply for a permit under
8435-this section.
8436-(h) A person described in subsection (c) must receive a permit from
8437-the director for the work before beginning construction. The director
8438-shall issue a permit only if, in the opinion of the director, the applicant
8439-has clearly proven that the structure, obstruction, deposit, or excavation
8440-will not do any of the following:
8441-(1) Adversely affect the efficiency of or unduly restrict the
8442-capacity of the floodway.
8443-(2) Constitute an unreasonable hazard to the safety of life or
8444-property.
8445-(3) Result in unreasonably detrimental effects upon fish, wildlife,
8446-or botanical resources.
8447-(i) In deciding whether to issue a permit under this section, the
8448-director shall consider the cumulative effects of the structure,
8449-obstruction, deposit, or excavation. The director may incorporate in and
8450-make a part of an order of authorization conditions and restrictions that
8451-the director considers necessary for the purposes of this chapter.
8452-(j) The following apply to a permit issued under this section:
8453-(1) Except as provided in subdivisions (2) and (3), a permit is
8454-valid for two (2) years after the date of issuance of the permit.
8455-(2) A permit issued to:
8456-(A) the Indiana department of transportation or a county
8457-highway department in connection with a construction project,
8458-if there is any federal funding for the project; or
8459-(B) an electric utility for the construction of a power
8460-generating facility;
8461-is valid for five (5) years from the date of issuance of the permit.
8462-(3) A permit issued to a quarrying or aggregate company for the
8463-excavation of industrial materials, including:
8464-HEA 1050 198
8465-(A) clay and shale;
8466-(B) crushed limestone and dolostone;
8467-(C) dimension limestone;
8468-(D) dimension sandstone;
8469-(E) gypsum;
8470-(F) peat;
8471-(G) construction sand and gravel; and
8472-(H) industrial sand;
8473-is valid for the duration of the permitted project, subject to
8474-periodic compliance evaluations.
8475-However, a permit issued under this section expires if construction is
8476-not commenced within two (2) years after the permit is issued.
8477-(k) The holder of a permit issued under subsection (j)(3) shall notify
8478-the commission of the completion of the permitted project within six
8479-(6) months after completing the permitted project.
8480-(l) The following apply to the renewal of a permit issued under this
8481-section:
8482-(1) A permit to which subsection (j)(1) applies may be renewed
8483-one (1) time for a period not to exceed two (2) additional years.
8484-(2) A permit to which subsection (j)(2) applies may be renewed
8485-one (1) time for a period not to exceed five (5) additional years.
8486-(m) The director shall send a copy of each permit issued under this
8487-section to each river basin commission organized under:
8488-(1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
8489-(2) IC 14-13-9, IC 14-30-1 (before its repeal), or IC 36-7-6
8490-(before its repeal);
8491-that is affected.
8492-(n) The permit holder shall post and maintain a permit issued under
8493-this section at the authorized site.
8494-(o) For the purposes of this chapter, the lowest floor of a building,
8495-including a residence or abode, that is to be constructed or
8496-reconstructed in the one hundred (100) year floodplain flood plain of
8497-an area protected by a levee that is:
8498-(1) inspected; and
8499-(2) found to be in good or excellent condition;
8500-by the United States Army Corps of Engineers shall not be lower than
8501-the one hundred (100) year frequency flood elevation plus one (1) foot.
8502-SECTION 182. IC 16-19-3-4, AS AMENDED BY P.L.93-2024,
8503-SECTION 127, IS AMENDED TO READ AS FOLLOWS
8504-[EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The executive board may, by
8505-an affirmative vote of a majority of its members, adopt reasonable rules
8506-under IC 4-22-2 on behalf of the state department to protect or to
8507-HEA 1050 199
8508-improve the public health in Indiana.
8509-(b) The rules may concern but are not limited to the following:
8510-(1) Nuisances dangerous to public health.
8511-(2) The pollution of any water supply other than where
8512-jurisdiction is in the environmental rules board and department of
8513-environmental management.
8514-(3) The disposition of excremental and sewage matter.
8515-(4) The control of fly and mosquito breeding places.
8516-(5) The detection, reporting, prevention, and control of diseases
8517-that affect public health.
8518-(6) The care of maternity and infant cases and the conduct of
8519-maternity homes.
8520-(7) The production, distribution, and sale of human food.
8521-(8) Except as provided in section 4.4 of this chapter, the conduct
8522-of camps.
8523-(9) Standards of cleanliness of eating facilities for the public.
8524-(10) Standards of cleanliness of sanitary facilities offered for
8525-public use.
8526-(11) The handling, disposal, disinterment, and reburial of dead
8527-human bodies.
8528-(12) Vital statistics.
8529-(13) Sanitary conditions and facilities in public buildings and
8530-grounds, including plumbing, drainage, sewage disposal, water
8531-supply, lighting, heating, and ventilation, other than where
8532-jurisdiction is vested by law in the fire prevention and building
8533-safety commission or other state agency.
8534-(14) The design, construction, and operation of swimming and
8535-wading pools. However, the rules governing swimming and
8536-wading pools do not apply to a pool maintained by an individual
8537-for the sole use of the individual's household and house guests.
8538-(c) The executive board shall adopt reasonable rules to regulate the
8539-following:
8540-(1) The sanitary operation of tattoo parlors.
8541-(2) The sanitary operation of body piercing facilities.
8542-(d) The executive board may adopt rules on behalf of the state
8543-department for the efficient enforcement of this title, except as
8544-otherwise provided. However, fees for inspections relating to weight
8545-weights and measures may not be established by the rules.
8546-(e) The executive board may declare that a rule described in
8547-subsection (d) is necessary to meet an emergency and adopt the rule
8548-under IC 4-22-2.
8549-(f) The rules of the state department may not be inconsistent with
8550-HEA 1050 200
8551-this title and or any other state law.
8552-SECTION 183. IC 16-19-3-27, AS AMENDED BY P.L.160-2024,
8553-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8554-JULY 1, 2025]: Sec. 27. (a) The state department shall:
8555-(1) study the use of:
8556-(A) recirculation media filters;
8557-(B) aeration treatment units;
8558-(C) drip irrigation;
8559-(D) graveless gravelless trenches; and
8560-(E) new technologies;
8561-for residential onsite sewage systems that will cause systems to
8562-perform satisfactorily as alternatives to currently operating
8563-systems that do not perform satisfactorily because of soil
8564-characteristics, lot sizes, topographical conditions, or high water
8565-tables; and
8566-(2) take all actions necessary to develop plans and specifications
8567-for use of the technologies listed in subdivision (1) in residential
8568-onsite sewage systems.
8569-(b) The executive board shall adopt reasonable rules under
8570-IC 4-22-2 to:
8571-(1) promulgate the plans and specifications developed under
8572-subsection (a); and
8573-(2) allow for the issuance of operating permits for:
8574-(A) residential onsite sewage systems that are installed in
8575-compliance with the plans and specifications promulgated
8576-under subdivision (1); and
8577-(B) onsite residential sewage discharging disposal systems in
8578-a county that complies with IC 13-18-12-9.
8579-SECTION 184. IC 16-21-8-9, AS ADDED BY P.L.41-2007,
8580-SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8581-JULY 1, 2025]: Sec. 9. (a) Prior to the discharge of a victim from the
8582-hospital, a provider shall:
8583-(1) require the victim to sign a form that notifies the victim of his
8584-or her rights under this chapter;
8585-(2) provide a copy of the signed form to the victim; and
8586-(3) inform law enforcement that the sample is available.
8587-(b) The director of the Indiana criminal justice institute may delay
8588-the implementation of this section until the earlier of the following:
8589-(1) A date set by the director.
8590-(2) The date funding becomes available by a grant through the
8591-criminal justice institute or by an appropriation from the general
8592-assembly.
8593-HEA 1050 201
8594-If the director of the criminal justice institute delays implementation of
8595-this section, the director shall notify the prosecuting attorney of each
8596-county of the director's action and when funding become becomes
8597-available to implement this section.
8598-SECTION 185. IC 16-42-24-4 IS AMENDED TO READ AS
8599-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. A neurosurgeon or
8600-an orthopedic surgeon may not be subjected to disciplinary action by
8601-the medical licensing board of Indiana for administering chymopapain
8602-to a patient under the neurosurgeons's neurosurgeon's or orthopedic
8603-surgeon's care to treat certain back ailments if the patient has signed the
8604-request form described in section 7 of this chapter.
8605-SECTION 186. IC 20-21-3-6, AS AMENDED BY P.L.42-2024,
8606-SECTION 137, IS AMENDED TO READ AS FOLLOWS
8607-[EFFECTIVE JULY 1, 2025]: Sec. 6. (a) At the board's last meeting
8608-before July 1 of each year, the board shall elect one (1) member to be
8609-chair of the board.
8610-(b) The member elected chair of the board serves as chair beginning
8611-July 1 after elected by the board.
8612-(c) The board may reelect a member as chair of the board.
8613-(d) The board shall annually elect one (1) of its members to serve as
8614-the secretary for the board.
8615-(e) The board shall meet at the call of the chair of the board at least
8616-five (5) times during each school year.
8617-SECTION 187. IC 20-26-5-11.2, AS ADDED BY P.L.110-2023,
8618-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8619-JULY 1, 2025]: Sec. 11.2. (a) This section applies to:
8620-(1) a school corporation;
8621-(2) a charter school;
8622-(3) a state accredited nonpublic school; and
8623-(4) an entity with which the school corporation, charter school, or
8624-state accredited nonpublic school contracts for services;
8625-concerning employees of the school corporation, charter school, state
8626-accredited nonpublic school, or entity who are likely to have direct,
8627-ongoing contact with children within the scope of the employees'
8628-employment.
8629-(b) Subject to section 10(k) of this chapter and subsection (f), a
8630-school corporation, charter school, state accredited nonpublic school,
8631-or entity may not employ or contract with, and shall terminate the
8632-employment of or contract with, an individual convicted of any of the
8633-following offenses:
8634-(1) Murder (IC 35-42-1-1).
8635-(2) Causing suicide (IC 35-42-1-2).
8636-HEA 1050 202
8637-(3) Assisting suicide (IC 35-42-1-2.5).
8638-(4) Voluntary manslaughter (IC 35-42-1-3).
8639-(5) Aggravated battery (IC 35-42-2-1.5).
8640-(6) Kidnapping (IC 35-42-3-2).
8641-(7) A sex offense (as defined in IC 11-8-8-5.2).
8642-(8) Carjacking (IC 35-42-5-2) (repealed).
8643-(9) Arson (IC 35-43-1-1).
8644-(10) Public indecency (IC 35-45-4-1(a)(3), IC 35-45-4-1(a)(4),
8645-and IC 35-45-4-1(b)) committed:
8646-(A) after June 30, 2003; or
8647-(B) before July 1, 2003, if the person committed the offense
8648-by, in a public place, engaging in sexual intercourse or other
8649-sexual conduct (as defined in IC 35-31.5-2-221.5).
8650-(11) Neglect of a dependent as a Class B felony (for a crime
8651-committed before July 1, 2014) or a Level 1 felony or Level 3
8652-felony (for a crime committed after June 30, 2014) (IC
8653-35-46-1-4(b)(2) and IC 35-46-1-4(b)(3)).
8654-(12) Child selling (IC 35-46-1-4(d)).
8655-(13) An offense relating to material or a performance that is
8656-harmful to minors or obscene under IC 35-49-3.
8657-If an entity described in subsection (a)(4) obtains information that an
8658-individual employed by the entity who works at a particular school
8659-corporation, charter school, or state accredited nonpublic school has
8660-been convicted of an offense described in this subsection, the entity
8661-shall immediately notify the school corporation, charter school, or state
8662-accredited nonpublic school of the employee's conviction.
8663-(c) After June 30, 2023, a school corporation, charter school, state
8664-accredited nonpublic school, or entity may employ or contract with an
8665-individual convicted of any of the following offenses if a majority of
8666-the members elected or appointed to the governing body of the school
8667-corporation, or the equivalent body for a charter school, approves the
8668-employment or contract as a separate, special agenda item, or if the
8669-school administrator of a state accredited nonpublic school informs the
8670-administrator's appointing authority of the hiring:
8671-(1) An offense relating to operating a motor vehicle while
8672-intoxicated under IC 9-30-5.
8673-(2) Reckless homicide (IC 35-42-1-5).
8674-(3) Battery (IC 35-42-2-1).
8675-(4) Domestic battery (IC 35-42-2-1.3).
8676-(5) Criminal confinement (IC 35-42-3-3).
8677-(6) Public indecency (IC 35-45-4-1(a)(1) or IC 35-45-4-1(a)(2))
8678-committed:
8679-HEA 1050 203
8680-(A) after June 30, 2003; or
8681-(B) before July 1, 2003, if the person committed the offense
8682-by, in a public place, engaging in sexual intercourse or other
8683-sexual conduct (as defined in IC 35-31.5-2-221.5).
8684-(7) Contributing to the delinquency of a minor (IC 35-46-1-8).
8685-(8) An offense involving a weapon under IC 35-47 or IC 35-47.5.
8686-(9) An offense relating to controlled substances under IC 35-48-4,
8687-other than an offense involving marijuana or paraphernalia used
8688-to consume marijuana.
8689-(d) An individual employed by a school corporation, charter school,
8690-state accredited nonpublic school, or entity described in subsection (a)
8691-shall notify the governing body of the school, if during the course of the
8692-individual's employment, the individual:
8693-(1) is convicted in Indiana or another jurisdiction of an offense
8694-described in subsection (b) or subsection (c); or
8695-(2) is the subject of a substantiated report of child abuse or
8696-neglect.
8697-(e) A school corporation, charter school, state accredited nonpublic
8698-school, or entity may use information obtained under section 10 of this
8699-chapter concerning an individual being the subject of a substantiated
8700-report of child abuse or neglect as grounds to not employ or contract
8701-with the individual.
8702-(f) A school corporation, charter school, state accredited nonpublic
8703-school, or entity is not required to consider whether information
8704-concerning an individual's conviction:
8705-(1) requires the school or entity to:
8706-(A) not employ; or
8707-(B) not contract with; or
8708-(2) constitutes grounds to terminate the employment of or contract
8709-with;
8710-an individual under subsection (b) if the individual's conviction is
8711-reversed, vacated, or set aside.
8712-(g) Nothing in this section prohibits a school corporation, charter
8713-school, state accredited nonpublic school, or entity from establishing
8714-procedures to verify the accuracy of the information obtained under
8715-section 10 of this chapter concerning an individual's conviction.
8716-(h) A school corporation, charter school, or state accredited
8717-nonpublic school may not hire or contract with an individual:
8718-(1) who is required to wear an ankle monitor as the result of a
8719-criminal conviction;
8720-(2) who entered into an agreement to settle an allegation of
8721-misconduct relating to the health, safety, or well-being of a
8722-HEA 1050 204
8723-student at a school corporation, charter school, or state accredited
8724-nonpublic school, if the agreement included a nondisclosure
8725-agreement covering the alleged misconduct; or
8726-(3) who, in an academic environment, engaged in a course of
8727-conduct involving repeated or continuing contact with a child that
8728-is intended to prepare or condition the child for sexual activity (as
8729-defined in IC 35-42-4-13);
8730-unless a majority of the members elected or appointed to the governing
8731-body of the school corporation, or the equivalent body for a charter
8732-school, approves the hire or contract as a separate, special agenda item,
8733-or unless the school administrator of a state accredited nonpublic
8734-school informs the administrator's appointing authority of the hiring.
8735-(i) For purposes of subsection (h), "misconduct relating to the
8736-health, safety, or well-being of a student" includes:
8737-(1) engaging in a pattern of flirtatious or otherwise inappropriate
8738-comments;
8739-(2) making any effort to gain unreasonable access to, and time
8740-alone with, any student with no discernable discernible
8741-educational purpose;
8742-(3) engaging in any behavior that can reasonably be construed as
8743-involving an inappropriate and overly personal and intimate
8744-relationship with, conduct toward, or focus on a student;
8745-(4) telling explicit sexual jokes and stories;
8746-(5) making sexually related comments;
8747-(6) engaging in sexual kidding or teasing;
8748-(7) engaging in sexual innuendos or making comments with
8749-double entendre;
8750-(8) inappropriate physical touching;
8751-(9) using spoken, written, or any electronic communication to
8752-importune, invite, participate with, or entice a person to expose or
8753-touch the person's own or another person's intimate body parts or
8754-to observe the student's intimate body parts via any form of
8755-computer network or system, any social media platform,
8756-telephone network, or data network or by text message or instant
8757-messaging;
8758-(10) sexual advances or requests for sexual favors;
8759-(11) physical or romantic relationship including but not limited to
8760-sexual intercourse or oral sexual intercourse;
8761-(12) discussion of one's personal romantic or sexual feelings or
8762-activities;
8763-(13) discussion, outside of a professional teaching or counseling
8764-context endorsed or required by an employing school district, of
8765-HEA 1050 205
8766-a student's romantic or sexual feelings or activities;
8767-(14) displaying, sharing, or transmitting pornographic or sexually
8768-explicit materials;
8769-(15) any physical contact that the student previously has indicated
8770-is unwelcome, unless such contact is professionally required, such
8771-as to teach a sport or other skill, or to protect the safety of the
8772-student or others;
8773-(16) other than for purposes of addressing student dress code
8774-violations or concerns, referencing the physical appearance or
8775-clothes of a student in a way that could be interpreted as sexual;
8776-and
8777-(17) self-disclosure or physical exposure of a sexual, romantic, or
8778-erotic nature.
8779-SECTION 188. IC 20-26-7.1-4, AS AMENDED BY P.L.36-2024,
8780-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8781-JULY 1, 2025]: Sec. 4. (a) Not later than thirty (30) days after the date
8782-a governing body of a school corporation determines at a public
8783-meeting to cease using a covered school building for classroom
8784-instruction on student instructional days (as described in IC 20-30-2-2)
8785-for a school year as required under IC 20-30-2-3, a school corporation
8786-shall provide written notice to the department regarding the date that
8787-the covered school building has ceased or will cease being used for
8788-classroom instruction as described in this subsection.
8789-(b) If the school corporation does not intend to make a covered
8790-school building available for lease or purchase in accordance with this
8791-chapter, the school corporation shall state in the notice required under
8792-subsection (a) the factual and legal basis for the school corporation's
8793-contention that the covered school building is not required to be made
8794-available under this chapter. Any claim for exclusion from a
8795-requirement to make the covered school building available under this
8796-chapter which is not stated in the notice under this subsection is
8797-waived.
8798-(c) If a school corporation does not provide notice to the department
8799-under subsection (a), any claim for exclusion from a requirement to
8800-make the covered school building available under this chapter is
8801-waived.
8802-(d) Not later than fifteen (15) days after the date that the department
8803-receives a notice from a school corporation under subsection (a), the
8804-department shall provide written notice to all interested persons
8805-regarding the notice from the school corporation submitted under
8806-subsection (a).
8807-(e) If a notice from a school corporation under subsection (a)
8808-HEA 1050 206
8809-acknowledges that the covered school building will be made available
8810-in accordance with this chapter, the department's notice to interested
8811-persons shall provide that any notice of interest by an interested person
8812-for the covered school building must be submitted to the department
8813-not later than sixty (60) days after the date the interested person
8814-receives the department's notice under subsection (d).
8815-(f) If a notice from a school corporation under subsection (a)
8816-includes a claim that the covered school building will not be made
8817-available under this chapter, an interested person may submit to the
8818-department, not later than thirty (30) days after the date the interested
8819-person receives the notice from the department under subsection (d),
8820-a rebuttal to the factual and legal basis for the school corporation's
8821-contention that the covered school building is not required to be made
8822-available under this chapter.
8823-(g) The department shall, not later than sixty (60) days after the date
8824-that a rebuttal is due under subsection (f), issue a determination to the
8825-school corporation and interested persons as to whether the covered
8826-school building must be made available under this chapter. The
8827-department shall publish a copy of the department's determination on
8828-the department's website.
8829-(h) Not later than thirty (30) days after the date that the department
8830-issues a determination under subsection (g), a school corporation or
8831-interested person may appeal the determination to the state board. An
8832-appeal to the state board shall be subject to the procedure described in
8833-IC 20-26-11-15(b).
8834-(i) Not later than fifteen (15) days after:
8835-(1) the time expires for an appeal of to the state board of a
8836-department determination under subsection (g) or IC 20-26-7-47
8837-that a covered school building be made available; or
8838-(2) a determination by the state board that a covered school
8839-building is to be made available is issued;
8840-the governing body shall take the actions specified by subsection (j). If
8841-the governing body fails to take the actions, the department shall
8842-request that the attorney general enforce the order under section 9(a)
8843-of this chapter.
8844-(j) If a covered school building is to be made available, the
8845-governing body shall do the following:
8846-(1) Make the covered school building available for inspection by
8847-a charter school or state educational institution that notifies the
8848-department that it is interested in leasing or purchasing the
8849-covered school building.
8850-(2) Make the following information available to a charter school
8851-HEA 1050 207
8852-or state educational institution described in subdivision (1):
8853-(A) Estimates of the operating expenses for the covered school
8854-building for the past three (3) years.
8855-(B) Written information regarding the condition of the covered
8856-school building, including the age of the roof and the HVAC
8857-system, and any known conditions which, in the governing
8858-body's opinion, require prompt repair or replacement.
8859-(C) A legal description of the property.
8860-(k) If the governing body fails to take the actions required under
8861-subsection (j), a charter school having notified the school corporation
8862-of its interest in the covered school building is entitled to an injunction
8863-requiring the governing body to take the actions under subsection (j).
8864-(l) The school corporation shall lease the covered school building
8865-to a charter school or state educational institution for one dollar ($1)
8866-per year for as long as the state educational institution uses the covered
8867-school building for an academic purpose or the charter school uses the
8868-covered school building for classroom instruction, for a term at the
8869-state educational institution's or charter school's discretion, or sell the
8870-covered school building for one dollar ($1), if the charter school or
8871-state educational institution does the following:
8872-(1) Within ninety (90) days of receiving the department's notice
8873-under subsection (d), a charter school or state educational
8874-institution must submit a preliminary request to purchase or lease
8875-the covered school building.
8876-(2) Subject to subsection (m), within ninety (90) days of receiving
8877-the department's notice under subsection (d), a charter school or
8878-state educational institution must submit to the school corporation
8879-the following information:
8880-(A) The name of the charter school or state educational
8881-institution that is interested in leasing or purchasing the
8882-covered school building.
8883-(B) A time frame, which may not exceed three (3) years from
8884-the date that the covered school building is to be closed, no
8885-longer used, or no longer occupied, in which the:
8886-(i) charter school intends to begin providing classroom
8887-instruction in the covered school building; or
8888-(ii) state educational institution intends to begin using the
8889-covered school building for an academic purpose.
8890-(C) A resolution, adopted by the board of the charter school or
8891-state educational institution stating that the board of the
8892-charter school or state educational institution has determined
8893-that, after the charter school or state educational institution has
8894-HEA 1050 208
8895-made any necessary repairs or modifications, the covered
8896-school building will be sufficient to meet the charter school's
8897-or state educational institution's needs and can be operated
8898-within the charter school's or state educational institution's
8899-budget.
8900-(m) If the department does not receive any preliminary requests to
8901-purchase or lease a covered school building within the time frame
8902-described in subsection (l)(1), the department shall send notification to
8903-the school corporation that the department has not received any
8904-preliminary requests to purchase or lease the covered school building.
8905-Upon receipt of the notification under this subsection, the school
8906-corporation may sell or otherwise dispose of the covered school
8907-building in accordance with IC 36-1-11, IC 20-25-4-14, and
8908-IC 20-26-5-4(a)(7).
8909-(n) If only one (1) charter school submits a preliminary request to
8910-purchase or lease the covered school building, the department shall
8911-notify the school corporation of the identity of the charter school and
8912-direct the school corporation to complete a sale or lease to the charter
8913-school in accordance with subsection (r). In the event that two (2) or
8914-more charter schools submit a preliminary request to purchase or lease
8915-a covered school building within the time frame described in
8916-subsection (l)(1), the department shall send notification to each
8917-interested person and the school corporation that the department has
8918-received two (2) or more preliminary requests under this section. An
8919-authorizer committee shall be established, with each statewide
8920-authorizer that has authorized one (1) or more charter schools
8921-appointing a representative, and the committee shall establish the
8922-chairperson and procedures for the committee. Within sixty (60) days
8923-of receiving notice under this subsection, the committee shall select
8924-which charter school may proceed under subsection (r) to purchase or
8925-lease the covered school building or determine if two (2) or more
8926-charter schools should co-locate within the covered school building.
8927-The committee shall base the committee's decision on the following
8928-criteria:
8929-(1) Preference shall be given to existing charter schools that have
8930-a proven track record of student academic performance.
8931-(2) If two (2) or more charter schools of proven academic
8932-performance are competing and only one (1) charter school is
8933-operating in the county in which the covered school building is
8934-located, the charter school in the same county as the covered
8935-school building shall be given preference.
8936-In the event that the committee determines that two (2) or more charter
8937-HEA 1050 209
8938-schools should co-locate in the covered school building, the charter
8939-schools have sixty (60) days to submit a memorandum of
8940-understanding stating that the charter schools shall be jointly and
8941-severally liable for the obligations related to the sale or lease of the
8942-covered school building, and specifying how the charter schools will
8943-utilize the covered school building and share responsibility for
8944-operational, maintenance, and renovation expenses. If the charter
8945-schools are unable to agree, the charter schools shall be deemed to have
8946-revoked their prior request regarding the lease or sale of the covered
8947-school building. The committee shall give notice of the committee's
8948-decision to the school corporation and each interested person. A charter
8949-school that is not selected by the committee may appeal the decision to
8950-the state board not more than thirty (30) days after receipt of the
8951-committee's decision. The state board shall issue a final order in the
8952-appeal not more than sixty (60) days after receipt of a properly filed
8953-appeal. Notice of the appeal and the final order in the appeal must be
8954-given to the school corporation.
8955-(o) If a charter school does not submit a preliminary request to
8956-purchase or lease the covered school building and only one (1) state
8957-educational institution submits a preliminary request to purchase or
8958-lease the covered school building, the department shall:
8959-(1) notify the school corporation of the identity of the state
8960-educational institution; and
8961-(2) direct the school corporation to complete a sale or lease to the
8962-state educational institution in accordance with subsection (r).
8963-(p) If one (1) or more state educational institutions submit
8964-preliminary requests to purchase or lease a covered school building, a
8965-selection committee shall be established consisting of one (1) member
8966-appointed by the executive of the largest city or town in the county in
8967-which the covered school building is located, one (1) member
8968-appointed by the city or town council of the largest city or town in the
8969-county in which the covered school building is located, one (1) member
8970-appointed by the county commissioners of the county in which the
8971-covered school building is located, one (1) member appointed by the
8972-county council of the county in which the covered school building is
8973-located, and one (1) member appointed by the chamber of commerce
8974-of the county in which the covered school building is located.
8975-(q) Not later than sixty (60) days after the date that a member is
8976-appointed under subsection (p), the committee shall:
8977-(1) select which state educational institution may proceed to
8978-purchase or lease the covered school building; or
8979-(2) determine whether more than one (1) state educational
8980-HEA 1050 210
8981-institution should co-locate within the covered school building.
8982-In making the committee's determination, the committee shall give
8983-preference to a state educational institution whose proposed use of the
8984-covered school building is assessed as having the greatest educational
8985-benefit for prekindergarten through grade 12 education. A committee
8986-determination under this subsection may not be appealed.
8987-(r) A school corporation shall lease the covered school building for
8988-one dollar ($1) per year to the charter school or state educational
8989-institution for as long as the:
8990-(1) charter school uses the covered school building for classroom
8991-instruction for any combination of kindergarten through grade 12;
8992-or
8993-(2) state educational institution uses the covered school building
8994-for an academic purpose.
8995-The term of the lease shall be established at the charter school's or state
8996-educational institution's discretion and include an option for the state
8997-educational institution or charter school to purchase the covered school
8998-building for one dollar ($1). Alternatively, the school corporation shall
8999-sell the covered school building to the charter school or state
9000-educational institution for one dollar ($1), if the charter school or state
9001-educational institution has met the requirements set forth in subsection
9002-(l) and uses the covered school building in the manner prescribed by
9003-this subsection. If the charter school or state educational institution
9004-selected to lease or purchase the covered school building has met the
9005-requirements under subsection (l), the school corporation has not more
9006-than ninety (90) days after the date notice of a final unappealable
9007-decision is received by the school corporation to complete the lease or
9008-sale of the covered school building to the charter school or state
9009-educational institution. If the transaction is not completed within ninety
9010-(90) days, the department or the selected charter school or state
9011-educational institution may, under section 9 of this chapter, request that
9012-the attorney general enforce the sale or lease or may file suit to enforce
9013-the sale or lease. If a charter school or state educational institution has
9014-not met the requirements under subsection (l), the school corporation
9015-may sell or otherwise dispose of the covered school building in
9016-accordance with IC 36-1-11, IC 20-25-4-14, and IC 20-26-5-4(a)(7).
9017-SECTION 189. IC 20-26-12-1, AS AMENDED BY P.L.93-2024,
9018-SECTION 141, AND AS AMENDED BY P.L.136-2024, SECTION
9019-41, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
9020-[EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as provided in
9021-subsection (b) but notwithstanding any other law, each governing body
9022-of a school corporation and each organizer of a charter school shall
9023-HEA 1050 211
9024-purchase from a publisher, either individually or through a purchasing
9025-cooperative of school corporations, as applicable, the curricular
9026-materials selected by the proper local officials, and shall provide at no
9027-cost the curricular materials to each student enrolled in the school
9028-corporation or charter school. Curricular materials provided to a
9029-student under this section remain the property of the governing body of
9030-the school corporation or organizer of the charter school.
9031-(b) This section does not prohibit a governing body of a school
9032-corporation or an organizer of a charter school from assessing and
9033-collecting a reasonable fee for lost or significantly damaged curricular
9034-materials in accordance with rules established by the state board under
9035-subsection (c). Fees collected under this subsection must be deposited
9036-in the: separate curricular materials account established under
9037-IC 20-40-22-9 for
9038-(1) education fund of the school corporation; or
9039-(2) education fund of the charter school, or, if the charter school
9040-does not have an education fund, the same fund into which state
9041-tuition support is deposited for the charter school;
9042-in which the student was enrolled at the time the fee was imposed.
9043-(c) The state board shall adopt rules under IC 4-22-2 including
9044-emergency rules in the manner provided in IC 4-22-2-37.1, to
9045-implement this section.
9046-SECTION 190. IC 20-26-13-10, AS AMENDED BY P.L.150-2024,
9047-SECTION 18, AND AS AMENDED BY P.L.40-2024, SECTION 25,
9048-IS CORRECTED AND AMENDED TO READ AS FOLLOWS
9049-[EFFECTIVE JULY 1, 2025]: Sec. 10. (a) Except as provided in
9050-section 11 of this chapter and subject to IC 20-31-8-4.6 and
9051-IC 20-32-4-14, the four (4) year graduation rate for a cohort in a high
9052-school is the percentage determined under STEP FIVE of the following
9053-formula:
9054-STEP ONE: Determine the grade 9 enrollment at the beginning of
9055-the reporting year three (3) years before the reporting year for
9056-which the graduation rate is being determined.
9057-STEP TWO: Add:
9058-(A) the number determined under STEP ONE; and
9059-(B) the number of students who:
9060-(i) have enrolled in the high school after the date on which
9061-the number determined under STEP ONE was determined;
9062-and
9063-(ii) have the same expected graduation year as the cohort.
9064-STEP THREE: Subtract from the sum determined under STEP
9065-TWO the number of students who have left the cohort for any of
9066-HEA 1050 212
9067-the following reasons:
9068-(A) Transfer to another public or nonpublic school.
9069-(B) Except as provided in IC 20-33-2-28.6 and subsection (b),
9070-removal by the student's parents under IC 20-33-2-28 to
9071-provide instruction equivalent to that given in the public
9072-schools.
9073-(C) Withdrawal because of a long term medical condition or
9074-death.
9075-(D) Detention by a law enforcement agency or the department
9076-of correction.
9077-(E) Placement by a court order or the department of child
9078-services.
9079-(F) Enrollment in a virtual school.
9080-(G) Leaving school, if the student attended school in Indiana
9081-for less than one (1) school year and the location of the student
9082-cannot be determined.
9083-(H) Leaving school, if the location of the student cannot be
9084-determined and the student has been reported to the Indiana
9085-clearinghouse for information on missing children, missing
9086-veterans at risk, and missing endangered adults.
9087-(I) Withdrawing from school before graduation, if the student
9088-is a high ability student (as defined in IC 20-36-1-3) who is a
9089-full-time student at an accredited institution of higher
9090-education during the semester in which the cohort graduates.
9091-(J) Withdrawing from school before graduation pursuant to
9092-providing notice of withdrawal under section 17 of this
9093-chapter.
9094-(K) Participating in the high school equivalency pilot program
9095-under IC 20-30-8.5, unless the student fails to successfully
9096-complete the high school equivalency pilot program in the two
9097-(2) year period. This clause expires June 30, 2024. 2026.
9098-STEP FOUR: Determine the result of:
9099-(A) the total number of students determined under STEP TWO
9100-who have graduated during the current reporting year or a
9101-previous reporting year; minus
9102-(B) the amount by which the number of students who
9103-graduated through a waiver process required under IC 20-32-3
9104-through IC 20-32-5.1 exceeds:
9105-(i) nine percent (9%) of the total number of students
9106-determined under clause (A) for the 2023-2024 school year;
9107-(ii) six percent (6%) of the total number of students
9108-determined under clause (A) for the 2024-2025 school year;
9109-HEA 1050 213
9110-or
9111-(iii) three percent (3%) of the total number of students
9112-determined under clause (A) for each school year after June
9113-30, 2025.
9114-STEP FIVE: Divide:
9115-(A) the number determined under STEP FOUR; by
9116-(B) the remainder determined under STEP THREE.
9117-(b) This subsection applies to a high school in which:
9118-(1) for a:
9119-(A) cohort of one hundred (100) students or less, at least ten
9120-percent (10%) of the students left a particular cohort for a
9121-reason described in subsection (a) STEP THREE clause (B);
9122-or
9123-(B) cohort of more than one hundred (100) students, at least
9124-five percent (5%) of the students left a particular cohort for a
9125-reason described in subsection (a) STEP THREE clause (B);
9126-and
9127-(2) the students described in subdivision (1)(A) or (1)(B) are not
9128-on track to graduate with their cohort.
9129-A high school must submit a request to the state board in a manner
9130-prescribed by the state board requesting that the students described in
9131-this subsection be included in the subsection (a) STEP THREE
9132-calculation. The state board shall review the request and may grant or
9133-deny the request. The state board shall deny the request unless the high
9134-school demonstrates good cause to justify that the students described
9135-in this subsection should be included in the subsection (a) STEP
9136-THREE calculation. If the state board denies the request the high
9137-school may not subtract the students described in this subsection under
9138-subsection (a) STEP THREE.
9139-SECTION 191. IC 20-28-5-19.7, AS AMENDED BY P.L.150-2024,
9140-SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9141-JULY 1, 2025]: Sec. 19.7. (a) Not later than July 1, 2024, the state
9142-board shall establish and require a literacy endorsement for individuals
9143-first licensed after June 30, 2025, to teach a content area involving
9144-literacy instruction, including special education, in prekindergarten
9145-through grade 5.
9146-(b) Except as provided in section 19.8(a) 19.8 of this chapter,
9147-beginning July 1, 2027, the department may not renew a practitioner
9148-license or an accomplished practitioner license, or a comparable license
9149-under prior rules, issued to an individual who, based on the content
9150-area for which the individual is licensed, including special education,
9151-provides literacy instruction to students in prekindergarten through
9152-HEA 1050 214
9153-grade 5 unless the individual receives a literacy endorsement under this
9154-section.
9155-(c) To be eligible to receive a literacy endorsement, an individual
9156-must meet the following:
9157-(1) Complete eighty (80) hours of evidence based professional
9158-development that is:
9159-(A) aligned to the science of reading;
9160-(B) provided by an organization that is:
9161-(i) accredited by the International Dyslexia Association; or
9162-(ii) aligned with Knowledge and Practice Standards for
9163-Teachers of Reading (KPS) as determined by the
9164-department; or
9165-(C) approved by the department.
9166-(2) Demonstrate proficiency in scientifically based reading
9167-instruction skills aligned to the science of reading on a written
9168-examination or through other procedures prescribed by the
9169-department in accordance with this section.
9170-(d) The eighty (80) hours of evidence based professional
9171-development required under subsection (c)(1) must provide
9172-individualized and on demand support. The evidence based
9173-professional development required under subsection (c)(1) must:
9174-(1) promote explicit, systematic, and cumulative instruction as the
9175-primary approach to literacy instruction;
9176-(2) align with both word recognition and language
9177-comprehension;
9178-(3) promote an understanding of how language, reading, and
9179-writing relate to each other;
9180-(4) promote strategies for differentiated instruction for:
9181-(A) students with:
9182-(i) reading difficulties; or
9183-(ii) disabilities; and
9184-(B) English language learners;
9185-(5) focus on phonemic awareness, phonics, fluency, vocabulary,
9186-and comprehension; and
9187-(6) allow participants to implement the strategies into a classroom
9188-environment with the opportunity for feedback throughout the
9189-professional development experience.
9190-(e) The written examination required under subsection (c)(2) shall
9191-ensure the individual demonstrates the ability to:
9192-(1) effectively teach foundational reading skills, phonemic
9193-awareness, phonics, fluency, vocabulary, and comprehension;
9194-(2) implement reading instruction using high quality instructional
9195-HEA 1050 215
9196-materials aligned to the science of reading; and
9197-(3) provide effective instruction and interventions for students
9198-with reading deficiencies.
9199-(f) The department shall approve and provide the evidence based
9200-professional development necessary for an individual to receive a
9201-literacy endorsement under this section.
9202-(g) The department shall establish the procedure for an existing
9203-teacher to add the literacy endorsement established under this section
9204-to the teacher's license.
9205-(h) The state board shall adopt rules under IC 4-22-2 to do the
9206-following:
9207-(1) Adopt, validate, and implement the examination or other
9208-procedures required by subsection (c)(2).
9209-(2) Establish examination scores indicating proficiency.
9210-(3) Otherwise carry out the purposes of this section.
9211-SECTION 192. IC 20-28-9-28, AS AMENDED BY P.L.150-2024,
9212-SECTION 26, AND AS AMENDED BY P.L.136-2024, SECTION 43,
9213-IS CORRECTED AND AMENDED TO READ AS FOLLOWS
9214-[EFFECTIVE JULY 1, 2025]: Sec. 28. (a) Subject to subsection (g),
9215-(c), for each school year in a state fiscal year beginning after June 30,
9216-2023, a school corporation shall expend an amount for teacher
9217-compensation that is not less than an amount equal to sixty-two percent
9218-(62%) of the state tuition support, other than the state tuition support
9219-described in subsection (b), distributed to the school corporation during
9220-the state fiscal year. For purposes of determining whether a school
9221-corporation has complied with this requirement, the amount a school
9222-corporation expends for teacher compensation shall include the amount
9223-the school corporation expends for adjunct teachers, supplemental pay
9224-for teachers, stipends, and for participating in a special education
9225-cooperative or an interlocal agreement or consortium that is directly
9226-attributable to the compensation of teachers employed by the
9227-cooperative or interlocal agreement or consortium. The amount a
9228-school corporation expends on teacher compensation shall also
9229-include the amount the school corporation expends on dropout
9230-recovery educational services for an at-risk student enrolled in the
9231-school corporation provided by an agreement with an eligible school
9232-that is directly attributable to the compensation of teachers employed
9233-by the eligible school. Teacher benefits include all benefit categories
9234-collected by the department for Form 9 purposes.
9235-(b) If a school corporation determines that the school corporation
9236-cannot comply with the requirement under subsection (a) for a
9237-particular school year, the school corporation shall apply for a waiver
9238-HEA 1050 216
9239-from the department.
9240-(c) The waiver application must include an explanation of the
9241-financial challenges, with detailed data, that preclude the school
9242-corporation from meeting the requirement under subsection (a) and
9243-describe the cost saving measures taken by the school corporation in
9244-attempting to meet the requirement in subsection (a). The waiver may
9245-also include an explanation of an innovative or efficient approach in
9246-delivering instruction that is responsible for the school corporation
9247-being unable to meet the requirement under subsection (a).
9248-(d) If, after review, the department determines that the school
9249-corporation has exhausted all reasonable efforts in attempting to meet
9250-the requirement in subsection (a), the department may grant the school
9251-corporation a one (1) year exception from the requirement.
9252-(e) A school corporation that receives a waiver under this section
9253-shall work with the department to develop a plan to identify additional
9254-cost saving measures and any other steps that may be taken to allow
9255-the school corporation to meet the requirement under subsection (a).
9256-(f) A school corporation may not receive more than three (3)
9257-waivers under this section.
9258-(b) State tuition support distributed to a school corporation for
9259-students enrolled in the school corporation who are receiving one
9260-hundred percent (100%) virtual instruction from a teacher employed
9261-by a third party provider with whom the school corporation has
9262-contracted is not included as state tuition support distributed to the
9263-school corporation for purposes of subsection (a).
9264-(g) (c) For purposes of determining whether a school corporation
9265-has complied with the requirement in subsection (a), distributions from
9266-the curricular materials fund established by IC 20-40-22-5 that are
9267-deposited in a school corporation's education fund in a state fiscal
9268-year are not considered to be state tuition support distributed to the
9269-school corporation during the state fiscal year.
9270-(c) (h) (d) Before November 1, 2022, and before November 1 of
9271-each year thereafter, the department shall submit a report to the
9272-legislative council in an electronic format under IC 5-14-6 and the state
9273-budget committee that contains information as to:
9274-(1) the percent and amount that each school corporation expended
9275-and the statewide total expended for teacher compensation;
9276-(2) the percent and amount that each school corporation expended
9277-and statewide total expended for teacher benefits, including
9278-health, dental, life insurance, and pension benefits; and
9279-(3) whether the school corporation met the requirement set forth
9280-in subsection (a). and
9281-HEA 1050 217
9282-(4) whether the school corporation received a waiver under
9283-subsection (d).
9284-(d) (e) The department shall publish the report described in
9285-subsection (c) (d) on the department's website.
9286-(e) (f) Beginning after June 30, 2024, for each state fiscal year that
9287-a school corporation fails to expend the amount for teacher
9288-compensation as required under subsection (a), the department shall
9289-submit in both a written and an electronic format a notice to the school
9290-corporation's:
9291-(1) superintendent;
9292-(2) school business officer; and
9293-(3) governing body;
9294-that the school corporation failed to meet the requirements set forth in
9295-subsection (a) for the applicable state fiscal year.
9296-(f) (g) If a school corporation's governing body receives a notice
9297-from the department under subsection (e), (f), the school corporation
9298-shall do the following:
9299-(1) Publicly acknowledge receipt of the notice from the
9300-department at the governing body's next public meeting.
9301-(2) Enter into the governing body's official minutes for the
9302-meeting described in subdivision (1) acknowledgment of the
9303-notice.
9304-(3) Not later than thirty (30) days after the meeting described in
9305-subdivision (1), publish on the school corporation's website:
9306-(A) the department's notice; and
9307-(B) any relevant individual reports prepared by the
9308-department.
9309-(g) (h) If the department determines a school corporation that
9310-received one (1) or more notices from the department under subsection
9311-(e) (f) has met the expenditure requirements required under subsection
9312-(a) for a subsequent state fiscal year, the school corporation may
9313-remove from the school corporation's website any:
9314-(1) notices the school corporation received under subsection (e);
9315-(f); and
9316-(2) relevant individual reports prepared by the department under
9317-subsection (f)(3). (g)(3).
9318-SECTION 193. IC 20-32-8.5-2, AS AMENDED BY P.L.5-2024,
9319-SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9320-JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b), the
9321-plan required by this chapter must include the following:
9322-(1) Reading skill standards for grade 1 through grade 3.
9323-(2) A method for making determinant evaluations by grade 3 that
9324-HEA 1050 218
9325-remedial action is required for a student, including:
9326-(A) beginning with evaluations administered during the
9327-2024-2025 school year, and except as provided in subsection
9328-(c), retention of the student in grade 3 if the student has not
9329-achieved a passing score on the determinant evaluation of
9330-reading skills approved by the state board after the student has
9331-had an opportunity to retake the determinant evaluation in the
9332-summer; and
9333-(B) the use of curricular materials and supplemental materials
9334-aligned to the science of reading that are designed to address
9335-deficiencies in reading;
9336-after other methods of remediation have been evaluated or used,
9337-or both, if reading skills are below the standard. Appropriate
9338-consultation with parents or guardians must be part of the plan.
9339-(3) A requirement that schools notify a student's parent of the
9340-following:
9341-(A) The student's assessment results regarding skill level in:
9342-(i) phonemic awareness;
9343-(ii) phonics;
9344-(iii) fluency;
9345-(iv) vocabulary; and
9346-(v) comprehension.
9347-(B) The student's assessment results on the determinant
9348-evaluation of reading skills approved by the state board.
9349-(C) Any intervention provided to the student or any remedial
9350-action taken.
9351-(4) A requirement that schools monitor the progress of students
9352-who failed to achieve a valid passing score on the:
9353-(A) determinant evaluation of reading skills approved by the
9354-state board; or
9355-(B) statewide assessment program test.
9356-(5) A requirement that schools provide reading instruction that
9357-includes a core reading program aligned with the science of
9358-reading to all students in kindergarten through grade 8.
9359-(6) A requirement for the administration of the determinant
9360-evaluation of reading skills approved by the state board to
9361-students in grade 2.
9362-(7) A requirement that all students take the determinant
9363-evaluation of reading skills approved by the state board until the
9364-student:
9365-(A) receives a passing score, regardless of the student's grade
9366-level; or
9367-HEA 1050 219
9368-(B) enters grade 7.
9369-(8) A requirement that a school report the following to the
9370-department:
9371-(A) The literacy interventions that will be used for students in
9372-grade 2 who are at risk of not being reading proficient and
9373-students in grade 3 who do not achieve a valid passing score
9374-on the determinant evaluation of reading skills approved by
9375-the state board.
9376-(B) The literacy interventions in use before the adoption of the
9377-plan for students in grade 2 who are at risk of not being
9378-reading proficient and students in grade 3 who do not achieve
9379-a valid passing score on the determinant evaluation of reading
9380-skills approved by the state board.
9381-(C) The literacy interventions in use before the adoption of the
9382-plan for students who do not achieve a valid passing score on
9383-the determinant evaluation of reading skills approved by the
9384-state board.
9385-(D) The number of students being served by the interventions
9386-described in clauses (B) and (C).
9387-(E) The cost of providing the interventions described in
9388-clauses (B) and (C).
9389-(F) Any other information requested by the department.
9390-(9) Requirements for a school in which fewer than seventy
9391-percent (70%) of students of the school achieved a valid passing
9392-score on the determinant evaluation of reading skills approved by
9393-the state board that must include the following:
9394-(A) Use of curriculum that is:
9395-(i) based on the science of reading; and
9396-(ii) approved by the department.
9397-(B) Employment of the following:
9398-(i) Before July 1, 2025, an instructional coach who is trained
9399-in the science of reading, as determined by the department.
9400-This item expires January 1, 2026.
9401-(ii) After June 30, 2025, an instructional coach with a
9402-literacy related endorsement who is trained in the science of
9403-reading.
9404-(C) Use of only benchmark, formative, interim, or similar
9405-assessments that:
9406-(i) show alignment with Indiana's academic standards; and
9407-(ii) are approved by the department.
9408-(D) Use of a screener procured under IC 20-32-5.1-17(j).
9409-(10) The fiscal impact of each component of the plan, if any. In
9410-HEA 1050 220
9411-determining whether a component has a fiscal impact,
9412-consideration shall be given to whether the component will
9413-increase costs to the state or a school corporation or require the
9414-state or school corporation to reallocate resources.
9415-(b) A school may receive a waiver of the requirements provided in
9416-511 IAC 6.2-3.1-4(a)(2) if the state board approves an alternative
9417-reading plan provided by the school.
9418-(c) A student who would otherwise be subject to retention in grade
9419-3 under the plan is not subject to the retention requirement only if the
9420-student meets one (1) of the following criteria:
9421-(1) The student was subject to retention and has been retained in
9422-grade 3 for one (1) school year.
9423-(2) The student has an intellectual disability or the student's
9424-individualized education program specifies that retention is not
9425-appropriate, and the student's case conference committee has
9426-determined that promotion to another grade is appropriate.
9427-(3) The student is an English learner who has received services
9428-for fewer than two (2) years and a committee consisting of:
9429-(A) the student's parent;
9430-(B) a building level administrator or designee;
9431-(C) a classroom teacher of service;
9432-(D) an English learner teacher of record, if one exists; and
9433-(E) an English learner district administrator, if one exists;
9434-determines that promotion is appropriate based on the
9435-implementation of research based instructional practices outlined
9436-in the student's individual learning plan.
9437-(4) The student received a score of proficient or above proficient
9438-in grade 3 math on the statewide summative assessment.
9439-(5) The student:
9440-(A) has received intensive intervention as determined by the
9441-department in reading for two (2) or more years; and
9442-(B) was retained more than one (1) time throughout
9443-kindergarten, grade 1, or grade 2.
9444-(d) A student who is not subject to the retention requirement as
9445-provided under subsection (c) must be provided with additional
9446-reading instruction that is aligned with the science of reading until the
9447-student achieves a passing score on the determinant evaluation of
9448-reading skills approved by the state board.
9449-(e) This subsection applies after June 30, 2024. Before October 1 of
9450-each school year, the department shall:
9451-(1) identify each incoming student (as defined in section 0.7 of
9452-this chapter) enrolled in kindergarten in a school in Indiana; and
9453-HEA 1050 221
9454-(2) notify the parent or guardian of the student of the retention
9455-requirement under this chapter for grade 3 students who do not
9456-achieve a passing score on the Indiana reading evaluation and
9457-determination (IRead3).
9458-(f) The department shall establish a standard reporting process and
9459-reporting window for schools to report students who qualify for an
9460-exemption under subsection (c).
9461-SECTION 194. IC 20-33-5-15, AS ADDED BY P.L.9-2009,
9462-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9463-JULY 1, 2025]: Sec. 15. (a) Each school corporation shall provide each
9464-student who applies for free or reduced priced price lunches under the
9465-national school lunch program with an enrollment form for the
9466-twenty-first century scholars program under IC 21-12-6.
9467-(b) The department shall provide each school corporation with
9468-sufficient application forms under this section.
9469-(c) Each school shall give assistance in reading the instructions and
9470-completing the enrollment forms for the twenty-first century scholars
9471-program.
9472-SECTION 195. IC 20-46-1-8, AS AMENDED BY P.L.162-2024,
9473-SECTION 25, AND AS AMENDED BY P.L.104-2024, SECTION 51,
9474-IS CORRECTED AND AMENDED TO READ AS FOLLOWS
9475-[EFFECTIVE JULY 1, 2025]: Sec. 8. (a) Subject to subsections (e), (f),
9476-and (g) and this chapter, the governing body of a school corporation
9477-may adopt a resolution to place a referendum under this chapter on the
9478-ballot for any of the following purposes:
9479-(1) The governing body of the school corporation determines that
9480-it cannot, in a calendar year, carry out its public educational duty
9481-unless it imposes a referendum tax levy under this chapter.
9482-(2) The governing body of the school corporation determines that
9483-a referendum tax levy under this chapter should be imposed to
9484-replace property tax revenue that the school corporation will not
9485-receive because of the application of the credit under
9486-IC 6-1.1-20.6.
9487-(3) Except for resolutions described in subsection (b), the
9488-governing body makes the determination required under
9489-subdivision (1) or (2) and determines to share a portion of the
9490-referendum proceeds with a charter school, excluding a virtual
9491-charter school, in the manner prescribed in subsection (e).
9492-(b) A resolution for a referendum for a county described in section
9493-21 of this chapter that is adopted after May 10, 2023, shall specify that
9494-a portion of the proceeds collected from the proposed levy will be
9495-distributed to applicable charter schools in the manner described under
9496-HEA 1050 222
9497-section 21 of this chapter.
9498-(c) The governing body of the school corporation shall certify a
9499-copy of the resolution to place a referendum on the ballot to the
9500-following:
9501-(1) The department of local government finance, including:
9502-(A) the language for the question required by section 10 of this
9503-chapter, or in the case of a resolution to extend a referendum
9504-levy certified to the department of local government finance
9505-after March 15, 2016, section 10.1 of this chapter; and
9506-(B) a copy of the revenue spending plan adopted under
9507-subsection (g).
9508-The language of the public question must include the estimated
9509-average percentage increases certified by the county auditor under
9510-section 10(e) or 10.1(f) of this chapter, as applicable. The
9511-governing body of the school corporation shall also provide the
9512-county auditor's certification described in section 10(e) or 10.1(f)
9513-of this chapter, as applicable. The department of local government
9514-finance shall post the values certified by the county auditor to the
9515-department's website. The department shall review the language
9516-for compliance with section 10 or 10.1 of this chapter, whichever
9517-is applicable, and either approve or reject the language. The
9518-department shall send its decision to the governing body of the
9519-school corporation not more than ten (10) days after both the
9520-certification of the county auditor described in section 10(e) or
9521-10.1(f) of this chapter, as applicable, and the resolution is are
9522-submitted to the department. If the language is approved, the
9523-governing body of the school corporation shall certify a copy of
9524-the resolution, including the language for the question and the
9525-department's approval.
9526-(2) The county fiscal body of each county in which the school
9527-corporation is located (for informational purposes only).
9528-(3) The circuit court clerk of each county in which the school
9529-corporation is located.
9530-(d) If a school safety referendum tax levy under IC 20-46-9 has been
9531-approved by the voters in a school corporation at any time in the
9532-previous three (3) years, the school corporation may not:
9533-(1) adopt a resolution to place a referendum under this chapter on
9534-the ballot; or
9535-(2) otherwise place a referendum under this chapter on the ballot.
9536-(e) Except as provided in section 21 of this chapter, the resolution
9537-described in subsection (a) must indicate whether proceeds in the
9538-school corporation's education fund collected from a tax levy under this
9539-HEA 1050 223
9540-chapter will be used to provide a distribution to a charter school or
9541-charter schools, excluding a virtual charter school, under IC 20-40-3-5
9542-as well as the amount that will be distributed to the particular charter
9543-school or charter schools. A school corporation may request from the
9544-designated charter school or charter schools any financial
9545-documentation necessary to demonstrate the financial need of the
9546-charter school or charter schools. Distribution to a charter school of
9547-proceeds from a referendum held before May 10, 2023, does not
9548-provide exemption from this chapter.
9549-(f) This subsection applies to a resolution described in subsection
9550-(a) for a county described in section 21(a) of this chapter that is
9551-adopted after May 10, 2023. The resolution described in subsection (a)
9552-shall include a projection of the amount that the school corporation
9553-expects to be distributed to a particular charter school, excluding
9554-virtual charter schools or adult high schools, under section 21 of this
9555-chapter if the charter school voluntarily elects to participate in the
9556-referendum in the manner described in subsection (i). At least sixty
9557-(60) days before the resolution described in subsection (a) is voted on
9558-by the governing body, the school corporation shall contact the
9559-department to determine the number of students in kindergarten
9560-through grade 12 who have legal settlement in the school corporation
9561-but attend a charter school, excluding virtual charter schools or adult
9562-high schools, and who receive not more than fifty percent (50%) virtual
9563-instruction. The department shall provide the school corporation with
9564-the number of students with legal settlement in the school corporation
9565-who attend a charter school and who receive not more than fifty percent
9566-(50%) virtual instruction, which shall be disaggregated for each
9567-particular charter school, excluding a virtual charter school or adult
9568-high school. The projection may include an expected increase in
9569-charter schools during the term the levy is imposed under this chapter.
9570-The department of local government finance shall prescribe the manner
9571-in which the projection shall be calculated. The governing body shall
9572-take into consideration the projection when adopting the revenue
9573-spending plan under subsection (g).
9574-(g) As part of the resolution described in subsection (a), the
9575-governing body of the school corporation shall adopt a revenue
9576-spending plan for the proposed referendum tax levy that includes:
9577-(1) an estimate of the amount of annual revenue expected to be
9578-collected if a levy is imposed under this chapter;
9579-(2) the specific purposes for which the revenue collected from a
9580-levy imposed under this chapter will be used;
9581-(3) an estimate of the annual dollar amounts that will be expended
9582-HEA 1050 224
9583-for each purpose described in subdivision (2); and
9584-(4) for a resolution for a referendum that is adopted after May 10,
9585-2023, for a county described in section 21(a) of this chapter, the
9586-projected revenue that shall be distributed to charter schools as
9587-provided in subsections (f) and (i). The revenue spending plan
9588-shall also take into consideration deviations in the proposed
9589-revenue spending plan if the actual charter school distributions
9590-exceed or are lower than the projected charter school distributions
9591-described in subsection (f). The resolution shall include for each
9592-charter school that elects to participate under subsection (i)
9593-information described in subdivisions (1) through (3).
9594-(h) A school corporation shall specify in its proposed budget the
9595-school corporation's revenue spending plan adopted under subsection
9596-(g) and annually present the revenue spending plan at its public hearing
9597-on the proposed budget under IC 6-1.1-17-3.
9598-(i) This subsection applies to a resolution described in subsection
9599-(a) for a county described in section 21(a) of this chapter that is
9600-adopted after May 10, 2023. At least forty-five (45) days before the
9601-resolution described in subsection (a) is voted on by the governing
9602-body, the school corporation shall contact each charter school,
9603-excluding virtual charter schools or adult high schools, disclosed by the
9604-department to the school corporation under subsection (f) to determine
9605-whether the charter school will participate in the referendum. The
9606-notice must include the total amount of the school corporation's
9607-expected need, the corresponding estimate for that amount divided by
9608-the number of students enrolled in the school corporation, and the date
9609-on which the governing body of the school corporation will vote on the
9610-resolution. The charter school must respond in writing to the school
9611-corporation, which may be by electronic mail addressed to the
9612-superintendent of the school corporation, at least fifteen (15) days
9613-prior to the date that the resolution described in subsection (a) is to be
9614-voted on by the governing body. If the charter school elects to not
9615-participate in the referendum, the school corporation may exclude
9616-distributions to the charter school under section 21 of this chapter and
9617-from the projection described in subsection (f). If the charter school
9618-elects to participate in the referendum, the charter school may receive
9619-distributions under section 21 of this chapter and must be included in
9620-the projection described in subsection (f). In addition, a charter school
9621-that elects to participate in the referendum under this subsection shall
9622-contribute a proportionate share of the cost to conduct the referendum
9623-based on the total combined ADM of the school corporation and any
9624-participating charter schools.
9625-HEA 1050 225
9626-(j) This subsection applies to a resolution described in subsection
9627-(a) for a county described in section 21(a) of this chapter that is
9628-adopted after May 10, 2023. At least thirty (30) days before the
9629-resolution described in subsection (a) referendum submitted to the
9630-voters under this chapter is voted on by the governing body, public in
9631-a primary or general election, the school corporation that is pursuing
9632-the resolution referendum and any charter school that has elected to
9633-participate under subsection (i) shall post a referendum disclosure
9634-statement on each school's respective website that contains the
9635-following information:
9636-(1) The salaries of all employees employed by position within the
9637-school corporation or charter school listed from highest salary to
9638-lowest salary and a link to Gateway Indiana for access to
9639-individual salaries.
9640-(2) An acknowledgment that the school corporation or charter
9641-school is not committing any crime described in IC 35-44.1-1.
9642-(3) A link to the school corporation's or charter school's most
9643-recent state board of accounts audit on the state board of accounts'
9644-website.
9645-(4) The current enrollment of the school corporation or charter
9646-school disaggregated by student group and race.
9647-(5) The school corporation's or charter school's high school
9648-graduation rate.
9649-(6) The school corporation's or charter school's annual retention
9650-rate for teachers for the previous five (5) years.
9651-SECTION 196. IC 20-46-9-6, AS AMENDED BY P.L.162-2024,
9652-SECTION 26, AND AS AMENDED BY P.L.156-2024, SECTION 30,
9653-IS CORRECTED AND AMENDED TO READ AS FOLLOWS
9654-[EFFECTIVE JULY 1, 2025]: Sec. 6. (a) Subject to this chapter, the
9655-governing body of a school corporation may adopt a resolution to place
9656-a referendum under this chapter on the ballot if the governing body of
9657-the school corporation determines that a referendum levy should be
9658-imposed for measures to improve school safety as described in
9659-IC 20-40-20-6(a) or IC 20-40-20-6(b).
9660-(b) Except as provided in section 22 of this chapter, a school
9661-corporation may, with the approval of the majority of members of the
9662-governing body, distribute a portion of the proceeds of a tax levy
9663-collected under this chapter that is deposited in the fund to a charter
9664-school, excluding a virtual charter school, that is located within the
9665-attendance area of the school corporation, to be used by the charter
9666-school for the purposes described in IC 20-40-20-6(a).
9667-(c) This subsection applies to a resolution described in subsection
9668-HEA 1050 226
9669-(a) that is adopted after May 10, 2023, in a county described in section
9670-22(a) of this chapter. A resolution shall specify that a portion of the
9671-proceeds of the proposed levy will be distributed to applicable charter
9672-schools in the manner described under section 22 of this chapter if the
9673-charter school voluntarily elects to participate in the referendum in the
9674-manner described in subsection (i).
9675-(d) This subsection applies to a resolution described in subsection
9676-(a) that is adopted after May 10, 2023, in a county described in section
9677-22(a) of this chapter. The resolution described in subsection (a) shall
9678-include a projection of the amount that the school corporation expects
9679-to be distributed to a particular charter school, excluding virtual charter
9680-schools or adult high schools, under section 22 of this chapter that
9681-elects to participate in the referendum under subsection (i). At least
9682-sixty (60) days before the resolution described in subsection (a) is
9683-voted on by the governing body, the school corporation shall contact
9684-the department to determine the number of students in kindergarten
9685-through grade 12 who have legal settlement in the school corporation
9686-but attend a charter school, excluding virtual charter schools or adult
9687-high schools, and who receive not more than fifty percent (50%) virtual
9688-instruction. The department shall provide the school corporation with
9689-the number of students with legal settlement in the school corporation
9690-who attend a charter school, which shall be disaggregated for each
9691-particular charter school, excluding a virtual charter school or adult
9692-high school. The projection may include an expected increase in
9693-charter schools during the term the levy is imposed. The department of
9694-local government finance shall prescribe the manner in which the
9695-projection shall be calculated. The governing body shall take into
9696-consideration the projection when adopting the revenue spending plan
9697-under subsection (g).
9698-(e) The governing body of the school corporation shall certify a
9699-copy of the resolution to the following:
9700-(1) The department of local government finance, including:
9701-(A) the language for the question required by section 9 of this
9702-chapter, or in the case of a resolution to extend a referendum
9703-levy certified to the department of local government finance,
9704-section 10 of this chapter; and
9705-(B) a copy of the revenue spending plan adopted under
9706-subsection (g).
9707-The language of the public question must include the estimated
9708-average percentage increases certified by the county auditor under
9709-section 9(d) or 10(f) of this chapter, as applicable. The governing
9710-body of the school corporation shall also provide the county
9711-HEA 1050 227
9712-auditor's certification described in section 9(d) or 10(f) of this
9713-chapter, as applicable. The department of local government
9714-finance shall post the values certified by the county auditor to the
9715-department's website. The department shall review the language
9716-for compliance with section 9 or 10 of this chapter, whichever is
9717-applicable, and either approve or reject the language. The
9718-department shall send its decision to the governing body of the
9719-school corporation not more than ten (10) days after both the
9720-certification of the county auditor described in section 9(d) or
9721-10(f) of this chapter, as applicable, and the resolution is are
9722-submitted to the department. If the language is approved, the
9723-governing body of the school corporation shall certify a copy of
9724-the resolution, including the language for the question and the
9725-department's approval.
9726-(2) The county fiscal body of each county in which the school
9727-corporation is located (for informational purposes only).
9728-(3) The circuit court clerk of each county in which the school
9729-corporation is located.
9730-(f) Except as provided in section 22 of this chapter, the resolution
9731-described in subsection (a) must indicate whether proceeds in the
9732-school corporation's fund collected from a tax levy under this chapter
9733-will be used to provide a distribution to a charter school or charter
9734-schools, excluding a virtual charter school, under IC 20-40-20-6(b) as
9735-well as the amount that will be distributed to the particular charter
9736-school or charter schools. A school corporation may request from the
9737-designated charter school or charter schools any financial
9738-documentation necessary to demonstrate the financial need of the
9739-charter school or charter schools.
9740-(g) As part of the resolution described in subsection (a), the
9741-governing body of the school corporation shall adopt a revenue
9742-spending plan for the proposed referendum tax levy that includes:
9743-(1) an estimate of the amount of annual revenue expected to be
9744-collected if a levy is imposed under this chapter;
9745-(2) the specific purposes described in IC 20-40-20-6 for which the
9746-revenue collected from a levy imposed under this chapter will be
9747-used;
9748-(3) an estimate of the annual dollar amounts that will be expended
9749-for each purpose described in subdivision (2); and
9750-(4) for a resolution for a referendum that is adopted after May 10,
9751-2023, for a county described in section 22(a) of this chapter, the
9752-projected revenue that shall be distributed to charter schools as
9753-provided in subsection (d). The revenue spending plan shall also
9754-HEA 1050 228
9755-take into consideration deviations in the proposed revenue
9756-spending plan if the actual charter school distributions exceed or
9757-are lower than the projected charter school distributions described
9758-in subsection (d). The resolution shall include for each charter
9759-school that elects to participate under subsection (i) information
9760-described in subdivisions (1) through (3).
9761-(h) A school corporation shall specify in its proposed budget the
9762-school corporation's revenue spending plan adopted under subsection
9763-(g) and annually present the revenue spending plan at its public hearing
9764-on the proposed budget under IC 6-1.1-17-3.
9765-(i) This subsection applies to a resolution described in subsection
9766-(a) for a county described in section 22(a) of this chapter that is
9767-adopted after May 10, 2023. At least forty-five (45) days before the
9768-resolution described in subsection (a) is voted on by the governing
9769-body, the school corporation shall contact each charter school,
9770-excluding virtual charter schools or adult high schools, disclosed by the
9771-department to the school corporation under subsection (f) to determine
9772-whether the charter school will participate in the referendum. The
9773-notice must include the total amount of the school corporation's
9774-expected need, the corresponding estimate of that amount divided by
9775-the number of students enrolled in the school corporation, and the date
9776-on which the governing body of the school corporation will vote on the
9777-resolution. The charter school must respond in writing to the school
9778-corporation, which may be by electronic mail addressed to the
9779-superintendent of the school corporation, at least fifteen (15) days
9780-prior to the date that the resolution described in subsection (a) is to be
9781-voted on by the governing body. If the charter school elects to not
9782-participate in the referendum, the school corporation may exclude
9783-distributions to the charter school under section 22 of this chapter and
9784-from the projection described in subsection (d). If the charter school
9785-elects to participate in the referendum, the charter school may receive
9786-distributions under section 22 of this chapter and must be included in
9787-the projection described in subsection (d). In addition, a charter school
9788-that elects to participate in the referendum under this subsection shall
9789-contribute a proportionate share of the cost to conduct the referendum
9790-based on the total combined ADM of the school corporation and any
9791-participating charter schools.
9792-(j) This subsection applies to a resolution described in subsection
9793-(a) for a county described in section 22(a) of this chapter that is
9794-adopted after May 10, 2023. At least thirty (30) days before the
9795-resolution described in subsection (a) referendum submitted to the
9796-voters under this chapter is voted on by the governing body, public in
9797-HEA 1050 229
9798-a primary or general election, the school corporation that is pursuing
9799-the resolution referendum and any charter school that has elected to
9800-participate under subsection (i) shall post a referendum disclosure
9801-statement on each school's respective website that contains the
9802-following information:
9803-(1) The salaries of all employees employed by position within the
9804-school corporation or charter school listed from highest salary to
9805-lowest salary and a link to Gateway Indiana for access to
9806-individual salaries.
9807-(2) An acknowledgment that the school corporation or charter
9808-school is not committing any crime described in IC 35-44.1-1.
9809-(3) A link to the school corporation's or charter school's most
9810-recent state board of accounts audit on the state board of accounts'
9811-website.
9812-(4) The current enrollment of the school corporation or charter
9813-school disaggregated by student group and race.
9814-(5) The school corporation's or charter school's high school
9815-graduation rate.
9816- (6) The school corporation's or charter school's annual retention
9817-rate for teachers for the previous five (5) years.
9818-SECTION 197. IC 20-51.4-2-4, AS AMENDED BY P.L.127-2024,
9819-SECTION 3, AND AS AMENDED BY P.L.162-2024, SECTION 28,
9820-IS CORRECTED AND AMENDED TO READ AS FOLLOWS
9821-[EFFECTIVE JULY 1, 2025]: Sec. 4. "Eligible student" refers to an
9822-individual who:
9823-(1) has legal settlement in Indiana;
9824-(2) is at least five (5) years of age and less than twenty-two (22)
9825-years of age on the date in the school year specified in
9826-IC 20-33-2-7; on October 1 of the applicable school year;
9827-(3) is a student:
9828-(A) with a disability at the time the account is established who
9829-requires special education and for whom:
9830-(A) (i) an individualized education program;
9831-(B) (ii) a service plan developed under 511 IAC 7-34; or
9832-(C) (iii) a choice special education plan developed under
9833-511 IAC 7-49;
9834-has been developed; and or
9835-(B) who is a sibling of a student described in clause (A) who
9836-has had an ESA account established in the student's name
9837-under IC 20-51.4-4-1; and
9838-(4) meets the annual income qualification requirement for a
9839-choice scholarship student under IC 20-51-1.
9840-HEA 1050 230
9841-SECTION 198. IC 20-51.4-4-1, AS AMENDED BY P.L.127-2024,
9842-SECTION 5, AND AS AMENDED BY P.L.150-2024, SECTION 69,
9843-IS CORRECTED AND AMENDED TO READ AS FOLLOWS
9844-[EFFECTIVE JULY 1, 2025]: Sec. 1. (a) After June 30, 2022, a parent
9845-of an eligible student or an emancipated eligible student may establish
9846-an Indiana education scholarship account for the eligible student by
9847-entering into a written agreement with the treasurer of state on a form
9848-prepared by the treasurer of state. The treasurer of state shall establish
9849-a date by which an application to establish an ESA account for the
9850-upcoming school year must be submitted. However, for a school year
9851-beginning after July 1, 2022, applications must be submitted for an
9852-eligible student not later than September 1 for the immediately
9853-following school year. The ESA account of an eligible student shall be
9854-made in the name of the eligible student. The treasurer of state shall
9855-make the agreement available on the website of the treasurer of state.
9856-To be eligible, a parent of an eligible student or an emancipated
9857-eligible student wishing to participate in the ESA program must agree
9858-that:
9859-(1) subject to subsection (i), a grant deposited in the eligible
9860-student's ESA account under section 2 of this chapter and any
9861-interest that may accrue in the ESA account will be used only for
9862-the eligible student's ESA qualified expenses;
9863-(2) if the eligible student participates in the CSA program, a grant
9864-deposited in the eligible student's ESA account under
9865-IC 20-51.4-4.5-3 and any interest that may accrue in the ESA
9866-account will be used only for the eligible student's ESA qualified
9867-expenses;
9868-(3) money in the ESA account when the ESA account is
9869-terminated reverts to the state general fund;
9870-(4) the parent of the eligible student or the emancipated eligible
9871-student will use part of the money in the ESA account:
9872-(A) for the eligible student's study in the subject of reading,
9873-grammar, mathematics, social studies, or science; or
9874-(B) for use in accordance with the eligible student's:
9875-(i) individualized education program;
9876-(ii) service plan developed under 511 IAC 7-34;
9877-(iii) choice special education plan developed under 511
9878-IAC 7-49; or
9879-(iv) plan developed under Section 504 of the federal
9880-Rehabilitation Act of 1973, 29 U.S.C. 794;
9881-(5) the eligible student will not be enrolled in a school that
9882-receives tuition support under IC 20-43; and
9883-HEA 1050 231
9884-(6) the eligible student will take the statewide summative
9885-assessment, as applicable based on the eligible student's grade
9886-level, as provided under IC 20-32-5.1, or the assessment specified
9887-in the eligible student's:
9888-(A) individualized education program developed under
9889-IC 20-35;
9890-(B) service plan developed under 511 IAC 7-34;
9891-(C) choice special education plan developed under 511
9892-IAC 7-49; or
9893-(D) plan developed under Section 504 of the federal
9894-Rehabilitation Act of 1973, 29 U.S.C. 794.
9895-(b) A parent of an eligible student may enter into a separate
9896-agreement under subsection (a) for each child of the parent. However,
9897-not more than one (1) ESA account may be established for each
9898-eligible student.
9899-(c) The ESA account must be established under subsection (a) by a
9900-parent of an eligible student or an emancipated eligible student for a
9901-school year on or before a date established by the treasurer of state,
9902-which must be at least thirty (30) days before the fall count day of
9903-ADM established under IC 20-43-4-3. A parent of an eligible student
9904-or an emancipated eligible student may not enter into an agreement
9905-under this section or maintain an ESA account under this chapter if the
9906-eligible student receives a choice scholarship under IC 20-51-4 for the
9907-same school year. An eligible student may not receive a grant under
9908-section 2 of this chapter if the eligible student is currently included in
9909-a school corporation's ADM count under IC 20-43-4.
9910-(d) Except as provided in subsections (e) and (f), an agreement
9911-made under this section is valid for one (1) school year while the
9912-eligible student is in kindergarten through grade 12 and may be
9913-renewed annually. Upon graduation, or receipt of a certificate of
9914-completion under the eligible student's individualized education
9915-program, the eligible student's ESA account is terminated.
9916-(e) An agreement entered into under this section terminates
9917-automatically for an eligible student if:
9918-(1) the eligible student no longer resides in Indiana while the
9919-eligible student is eligible to receive grants under section 2 of this
9920-chapter; or
9921-(2) the ESA account is not renewed within three hundred
9922-ninety-five (395) days after the date the ESA account was either
9923-established or last renewed.
9924-If an ESA account is terminated under this section, money in the
9925-eligible student's ESA account, including any interest accrued, reverts
9926-HEA 1050 232
9927-to the state general fund.
9928-(f) An agreement made under this section for an eligible student
9929-while the eligible student is in kindergarten through grade 12 may be
9930-terminated before the end of the school year if the parent of the eligible
9931-student or the emancipated eligible student notifies the treasurer of
9932-state in a manner specified by the treasurer of state.
9933-(g) A distribution made to an ESA account under section 2 of this
9934-chapter is considered tax exempt as long as the distribution is used for
9935-an ESA qualified expense. The amount is subtracted from the
9936-definition of adjusted federal gross income under IC 6-3-1-3.5 to the
9937-extent the distribution used for the ESA qualified expense is included
9938-in the taxpayer's adjusted federal gross income under the Internal
9939-Revenue Code.
9940-(h) The department shall establish a student test number as
9941-described in IC 20-19-3-9.4 for each eligible student. The treasurer of
9942-state shall provide the department information necessary for the
9943-department to comply with this subsection.
9944-(i) A student described in IC 20-51.4-2-4(3)(B) may not use the
9945-money deposited into the eligible student's ESA account for ESA
9946-qualified expenses described in IC 20-51.4-2-9(a)(3),
9947-IC 20-51.4-2-9(a)(6), IC 20-51.4-2-9(a)(7), or IC 20-51.4-2-9(a)(9).
9948-SECTION 199. IC 21-12-3-9, AS AMENDED BY P.L.10-2019,
9949-SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9950-JULY 1, 2025]: Sec. 9. (a) A higher education award for a student in
9951-a program leading to a baccalaureate degree may be renewed for a total
9952-of three (3) undergraduate academic years following the academic year
9953-of the first award or until an earlier time as the student receives a
9954-degree normally obtained in four (4) undergraduate academic years. A
9955-higher education award for a student in a program leading to a
9956-technical certificate or an undergraduate associate degree may be
9957-renewed for the number of academic years normally required to obtain
9958-a certificate or degree in the student's program. The commission may
9959-grant a renewal only upon application and only upon its finding that:
9960-(1) the applicant has successfully completed the work of a
9961-preceding year;
9962-(2) the applicant remains domiciled in Indiana;
9963-(3) the recipient's financial situation continues to warrant an
9964-award, based on the financial requirements set forth in section
9965-(1)(a)(3) section 1(a)(3) of this chapter;
9966-(4) the applicant is eligible under section 2 of this chapter;
9967-(5) the student maintains satisfactory academic progress, as
9968-determined by the eligible institution; and
9969-HEA 1050 233
9970-(6) beginning in an academic year beginning after August 31,
9971-2017, the student successfully completes:
9972-(A) at least twenty-four (24) credit hours or the equivalent
9973-during the last academic year in which the student received
9974-state financial aid; or
9975-(B) at least twenty-four (24) credit hours or the equivalent
9976-during the last academic year in which the student was
9977-enrolled in a postsecondary educational institution.
9978-(b) In determining eligibility under subsection (a)(6), the
9979-commission shall apply all the following types of credits regardless of
9980-whether the credits were completed during the last academic year
9981-described in subsection (a)(6)(A) or (a)(6)(B):
9982-(1) Credits earned from dual credit, advanced placement,
9983-Cambridge International, and international baccalaureate courses.
9984-(2) College credits earned during high school.
9985-(3) Credits earned exceeding thirty (30) credit hours during a
9986-previous academic year in which a student received state financial
9987-aid.
9988-SECTION 200. IC 21-12-6-5, AS AMENDED BY P.L.235-2023,
9989-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9990-JULY 1, 2025]: Sec. 5. (a) Unless a student qualifies under subsection
9991-(b), to qualify to participate in the program, a student must meet the
9992-following requirements:
9993-(1) Be a resident of Indiana.
9994-(2) Be:
9995-(A) enrolled in grade 7 or 8 at a:
9996-(i) public school; or
9997-(ii) nonpublic school that is accredited either by the Indiana
9998-state board of education or by a national or regional
9999-accrediting agency whose accreditation is accepted as a
10000-school improvement plan under IC 20-31-4.1-2; or
10001-(B) otherwise qualified under the rules of the commission that
10002-are adopted under IC 21-18.5-4-9(2) to include students who
10003-are in grades other than grade 8 as eligible students.
10004-(3) Be a member of a household with an annual income of not
10005-more than the amount required for the individual to qualify for
10006-free or reduced priced price lunches under the national school
10007-lunch program, as determined for the immediately preceding
10008-taxable year for the household for which the student was claimed
10009-as a dependent.
10010-(4) Agree that the student will:
10011-(A) graduate from a secondary school located in Indiana that
10012-HEA 1050 234
10013-meets the admission criteria of an eligible institution;
10014-(B) not illegally use controlled substances (as defined in
10015-IC 35-48-1-9);
10016-(C) not commit a crime or an infraction described in
10017-IC 9-30-5;
10018-(D) not commit any other crime or delinquent act (as described
10019-in IC 31-37-1-2 or IC 31-37-2-2 through IC 31-37-2-5 (or
10020-IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5) before their
10021-repeal));
10022-(E) timely apply, when the eligible student is a senior in high
10023-school:
10024-(i) for admission to an eligible institution; and
10025-(ii) for any federal and state student financial assistance
10026-available to the eligible student to attend an eligible
10027-institution;
10028-(F) achieve a cumulative grade point average upon graduation
10029-of:
10030-(i) at least 2.0, if the student graduates from high school
10031-before July 1, 2014; and
10032-(ii) at least 2.5, if the student graduates from high school
10033-after June 30, 2014;
10034-on a 4.0 grading scale (or its equivalent if another grading
10035-scale is used) for courses taken during grades 9, 10, 11, and
10036-12; and
10037-(G) complete an academic success program required under the
10038-rules adopted by the commission, if the student initially enrolls
10039-in high school after June 30, 2013.
10040-(b) A student qualifies to participate in the program if the student:
10041-(1) before or during grade 7 or grade 8, is placed by or with the
10042-consent of the department of child services, by a court order, or by
10043-a child placing agency in:
10044-(A) a foster family home;
10045-(B) the home of a relative or other unlicensed caretaker;
10046-(C) a child caring institution; or
10047-(D) a group home;
10048-(2) meets the requirements in subsection (a)(1) through (a)(2);
10049-and
10050-(3) agrees in writing, together with the student's caseworker (as
10051-defined in IC 31-9-2-11) or legal guardian, to the conditions set
10052-forth in subsection (a)(4).
10053-(c) The commission may require that an applicant apply
10054-electronically to participate in the program using an online Internet
10055-HEA 1050 235
10056-application on the commission's website.
10057-SECTION 201. IC 21-16-5-1.5, AS AMENDED BY P.L.42-2024,
10058-SECTION 143, IS AMENDED TO READ AS FOLLOWS
10059-[EFFECTIVE JULY 1, 2025]: Sec. 1.5. (a) The board of directors of
10060-the nonprofit corporation is composed of nine (9) members. The
10061-members must be appointed as follows:
10062-(1) Five (5) members appointed by the governor.
10063-(2) One (1) member appointed by the president pro tempore of the
10064-senate.
10065-(3) One (1) member appointed by the minority leader of the
10066-senate.
10067-(4) One (1) member appointed by the speaker of the house of
10068-representatives.
10069-(5) One (1) member appointed by the minority leader of the house
10070-of representatives.
10071-(b) None of the members appointed to the board may be members
10072-of the general assembly. Not more than five (5) members may belong
10073-to the same political party. Members serve at the pleasure of the
10074-appointing authority.
10075-(c) The board shall elect from among its members a chair and vice
10076-chair.
10077-(d) Five (5) members constitutes constitute a quorum for the
10078-transaction of business. An affirmative vote of at least five (5) members
10079-is necessary for the board to take action. Members of the board may not
10080-vote by proxy.
10081-(e) Meetings of the board shall be held at the call of the chair or
10082-whenever any five (5) voting members request a meeting. The
10083-members shall meet at least once every three (3) months to attend to
10084-the business of the corporation.
10085-(f) Each member of the commission board who is not a state
10086-employee is entitled to:
10087-(1) a salary per diem for attending meetings equal to the per diem
10088-provided by law for members of the general assembly; and
10089-(2) reimbursement for mileage and traveling expenses as provided
10090-under IC 4-13-1-4, and other expenses actually incurred in
10091-connection with the member's duties as provided in the state
10092-policies and procedures established by the Indiana department of
10093-administration and approved by the budget agency.
10094-(g) Each member of the commission board who is a state employee
10095-is entitled to reimbursement for traveling expenses as provided under
10096-IC 4-13-1-4 and other expenses actually incurred in connection with
10097-the member's duties as provided in the state policies and procedures
10098-HEA 1050 236
10099-established by the Indiana department of administration and approved
10100-by the budget agency.
10101-(h) The corporation shall pay expenses incurred under subsections
10102-(f) and (g) and (h) from the revenues of the corporation.
10103-(i) The corporation shall provide staff support to the board.
10104-SECTION 202. IC 21-30-7-1.8 IS ADDED TO THE INDIANA
10105-CODE AS A NEW SECTION TO READ AS FOLLOWS
10106-[EFFECTIVE JULY 1, 2025]: Sec. 1.8. As used in this chapter,
10107-"commission" means the commission for higher education of the
10108-state of Indiana established under IC 21-18-2.
10109-SECTION 203. IC 21-40-1-6, AS ADDED BY P.L.2-2007,
10110-SECTION 281, IS AMENDED TO READ AS FOLLOWS
10111-[EFFECTIVE JULY 1, 2025]: Sec. 6. "Documentation of exemption"
10112-means a form that:
10113-(1) is acceptable to a state educational institution; and
10114-(2) indicates the circumstances as described in IC 21-40-5-4 and
10115-IC 21-40-5-6 entitling the student to an exemption from the
10116-requirements in sections IC 21-40-5-2 and IC 21-40-5-3.
10117-SECTION 204. IC 22-2-18.1-16, AS AMENDED BY P.L.133-2024,
10118-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10119-JULY 1, 2025]: Sec. 16. (a) Except as provided in subsections (b) and
10120-(c), sections 17 and 22 of this chapter apply only to the employment of
10121-a minor who is less than sixteen (16) years of age.
10122-(b) Sections 17 and 22 of this chapter do not apply to the following:
10123-(1) A minor who is at least fourteen (14) years of age but less than
10124-sixteen (16) years of age who:
10125-(A) performs:
10126-(i) farm labor; or
10127-(ii) domestic service;
10128-(B) acts as a caddie for a person playing the game of golf; or
10129-(C) is employed to perform sports-attending services at
10130-professional sporting events as set forth in 29 CFR
10131-570.35(c)(2).
10132-(2) A minor who is:
10133-(A) at least twelve (12) years of age but less than sixteen (16)
10134-years of age; and
10135-(B) employed or works as a youth athletic program referee,
10136-umpire, or official under section 13 of this chapter.
10137-(c) Sections 12(b), 17(2)(A), 17(2)(B), and 22 of this chapter do not
10138-apply to a minor who is at least fourteen (14) years of age and less than
10139-sixteen (16) years of age who:
10140-(1) has graduated from high school;
10141-HEA 1050 237
10142-(2) has completed grade 8, who is excused from the compulsory
10143-school attendance requirements, and whose parent submits a
10144-statement in accordance with subsection (d);
10145-(3) has a child to support, who is excused from the compulsory
10146-school attendance requirements, and whose parent submits a
10147-statement in accordance with subsection (d);
10148-(4) is subject to an order issued by a court that has jurisdiction
10149-over the minor that prohibits the minor from attending school; or
10150-(5) has been expelled from school and is not required to attend an
10151-alternative school or an alternative educational program.
10152-(d) To qualify for an exemption under subsection (c)(2) or (c)(3),
10153-the minor's parent must submit to the minor's current or prospective
10154-employer:
10155-(1) a signed statement from the parent declaring that the minor
10156-has been excused from the compulsory school attendance
10157-requirements; and
10158-(2) proof supporting the statement made under subdivision (1).
10159-SECTION 205. IC 22-12-6-15, AS AMENDED BY P.L.187-2021,
10160-SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10161-JULY 1, 2025]: Sec. 15. (a) As used in this section, "credit card" means
10162-a bank card, debit card, charge card, prepaid card, or other similar
10163-device used for payment.
10164-(b) In addition to other methods of payment allowed by law, the
10165-department may accept payment by credit card for certifications,
10166-licenses, and fees, and other amounts payable to the following:
10167-(1) The department.
10168-(2) The fire prevention and building safety commission.
10169-(3) The Indiana homeland security foundation (before its repeal).
10170-(c) The department may enter into appropriate agreements with
10171-banks or other organizations authorized to do business in Indiana to
10172-enable the department to accept payment by credit card.
10173-(d) The department may recognize net amounts remitted by the bank
10174-or other organization as payment in full of amounts due the department.
10175-(e) The department may pay any applicable credit card service
10176-charge or fee.
10177-SECTION 206. IC 24-4-23-1, AS ADDED BY P.L.98-2024,
10178-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10179-JULY 1, 2025]: Sec. 1. As used in this chapter, "adult oriented
10180-website" means a publicly accessible website that publishes material
10181-harmful to minors, if at least one-third (1/3) of the images and videos
10182-published on the website depict material harmful to minors.
10183-SECTION 207. IC 24-4-23-2, AS ADDED BY P.L.98-2024,
10184-HEA 1050 238
10185-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10186-JULY 1, 2025]: Sec. 2. As used in this chapter, "adult oriented
10187-website operator" means a person that owns or operates an adult
10188-oriented website. The term does not include the following:
10189-(1) A newspaper or news service that publishes news related
10190-information through a website.
10191-(2) A cloud service provider.
10192-(3) An Internet provider, an affiliate or subsidiary of an Internet
10193-provider, or a search engine that:
10194-(A) solely provides access or connection to a website or other
10195-Internet content that is not under the control of that Internet
10196-service provider, affiliate or subsidiary, or search engine; and
10197-(B) is not responsible for creating or publishing the content
10198-that constitutes material harmful to minors.
10199-SECTION 208. IC 24-4-23-3, AS ADDED BY P.L.98-2024,
10200-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10201-JULY 1, 2025]: Sec. 3. As used in this chapter, "material harmful to
10202-minors" means matter or a performance described in IC 35-49-2-2.
10203-SECTION 209. IC 24-4-23-4, AS ADDED BY P.L.98-2024,
10204-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10205-JULY 1, 2025]: Sec. 4. As used in this chapter, "minor" means a
10206-person less than eighteen (18) years of age.
10207-SECTION 210. IC 24-4-23-5, AS ADDED BY P.L.98-2024,
10208-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10209-JULY 1, 2025]: Sec. 5. As used in this chapter, "mobile credential"
10210-has the meaning set forth in IC 9-13-2-103.4.
10211-SECTION 211. IC 24-4-23-6, AS ADDED BY P.L.98-2024,
10212-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10213-JULY 1, 2025]: Sec. 6. As used in this chapter, "person" means a
10214-human being, a corporation, a limited liability company, a partnership,
10215-an unincorporated association, or a governmental entity.
10216-SECTION 212. IC 24-4-23-7, AS ADDED BY P.L.98-2024,
10217-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10218-JULY 1, 2025]: Sec. 7. As used in this chapter, "reasonable age
10219-verification method" means a method of determining that an individual
10220-seeking to access a website containing material harmful to minors is
10221-not a minor by using one (1) or more of the following methods:
10222-(1) A mobile credential.
10223-(2) An independent third party age verification service that
10224-compares the identifying information entered by the individual
10225-who is seeking access with material that is available from a
10226-commercially available data base, or an aggregate of data bases,
10227-HEA 1050 239
10228-that is regularly used by government agencies and businesses for
10229-the purpose of age and identity verification.
10230-(3) Any commercially reasonable method that relies on public or
10231-private transactional data to verify the age of the individual
10232-attempting to access the material.
10233-SECTION 213. IC 24-4-23-8, AS ADDED BY P.L.98-2024,
10234-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10235-JULY 1, 2025]: Sec. 8. As used in this chapter, "transactional data"
10236-means a sequence of information that documents an exchange,
10237-agreement, or transfer between an individual, commercial entity, or
10238-third party used for the purpose of satisfying a request or event. The
10239-term includes records that relate to a mortgage, education, or
10240-employment.
10241-SECTION 214. IC 24-4-23-9, AS ADDED BY P.L.98-2024,
10242-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10243-JULY 1, 2025]: Sec. 9. As used in this chapter, "verification
10244-information" means all information, data, and documents provided by
10245-an individual for the purposes of verification of identity or age under
10246-this chapter.
10247-SECTION 215. IC 25-23.6-8-1, AS AMENDED BY P.L.177-2009,
10248-SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10249-JULY 1, 2025]: Sec. 1. An individual who applies for a license as a
10250-marriage and family therapist must meet the following requirements:
10251-(1) Furnish satisfactory evidence to the board that the individual
10252-has:
10253-(A) received a master's or doctor's degree in marriage and
10254-family therapy, or in a related area as determined by the board
10255-from an eligible postsecondary educational institution that
10256-meets the requirements under section 2.1(a)(1) of this chapter
10257-or from a foreign school that has a program of study that meets
10258-the requirements under section 2.1(a)(2) or (2.1)(a)(3)
10259-2.1(a)(3) of this chapter; and
10260-(B) completed the educational requirements under section 2.5
10261-of this chapter.
10262-(2) Furnish satisfactory evidence to the board that the individual
10263-has met the clinical experience requirements under section 2.7 of
10264-this chapter.
10265-(3) Furnish satisfactory evidence to the board that the individual:
10266-(A) except as provided in section 1.7 of this chapter, holds a
10267-marriage and family therapist associate license, in good
10268-standing, issued under section 5 of this chapter; or
10269-(B) is licensed or certified to practice as a marriage and family
10270-HEA 1050 240
10271-therapist in another state and is otherwise qualified under this
10272-chapter.
10273-(4) Furnish satisfactory evidence to the board that the individual
10274-does not have a conviction for a crime that has a direct bearing on
10275-the individual's ability to practice competently.
10276-(5) Furnish satisfactory evidence to the board that the individual
10277-has not been the subject of a disciplinary action by a licensing or
10278-certification agency of another state or jurisdiction on the grounds
10279-that the individual was not able to practice as a marriage and
10280-family therapist without endangering the public.
10281-(6) Pay the fee established by the board.
10282-SECTION 216. IC 25-23.6-8-2.7, AS AMENDED BY P.L.83-2024,
10283-SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10284-JULY 1, 2025]: Sec. 2.7. (a) For purposes of this section, "virtual
10285-supervision" means supervision of an applicant for a license as a
10286-marriage and family therapist by a qualified supervisor through an
10287-electronic platform that provides for synchronous visual and audio
10288-interaction in real time, and which is compliant with the federal Health
10289-Insurance Portability and Accountability Act (HIPAA). Virtual
10290-supervision does not include telephone calls, electronic mail, or text
10291-messages.
10292-(b) As used in this section, "first available examination" means the
10293-first examination:
10294-(1) after the date of an individual's:
10295-(A) graduation; or
10296-(B) moving into Indiana;
10297-that has an application deadline that is at least thirty (30) days
10298-after the date of graduation or the date of moving into Indiana,
10299-unless the individual chooses to meet a deadline that is less than
10300-thirty (30) days after either of those events; or
10301- (2) during the individual's last academic semester, trimester, or
10302-quarter, if the individual is eligible to take the exam pursuant to
10303-section 3 of this chapter.
10304-(c) An applicant for a license as a marriage and family therapist
10305-under section 1 of this chapter must have at least two (2) years of
10306-postdegree clinical experience, during which at least fifty percent
10307-(50%) of the applicant's clients were receiving marriage and family
10308-therapy services. The applicant's clinical experience must include one
10309-thousand (1,000) hours of postdegree clinical experience and two
10310-hundred (200) hours of postdegree clinical supervision, of which one
10311-hundred (100) hours must be individual supervision, under the
10312-supervision of a licensed marriage and family therapist who has at least
10313-HEA 1050 241
10314-five (5) years of experience or an equivalent supervisor, as determined
10315-by the board.
10316-(d) If an individual applies for, takes, and passes the first available
10317-examination, the individual may not count more than five hundred
10318-(500) hours of the postdegree clinical experience that is:
10319-(1) required under subsection (c); and
10320-(2) accumulated before taking the examination toward licensure
10321-as a marriage and family therapist.
10322-(e) If an individual does not pass the first available examination, the
10323-individual may:
10324-(1) retain the hours accumulated before taking the examination;
10325-(2) continue working; and
10326-(3) not accumulate any additional hours toward licensure as a
10327-marriage and family therapist until passing the examination.
10328-(f) If an individual does not take the first available examination, the
10329-individual may not begin accumulating any postdegree clinical
10330-experience hours toward licensure as a marriage and family therapist
10331-until the individual passes the examination.
10332-(g) When obtaining the clinical experience required under
10333-subsection (c), the applicant must provide direct individual, group, and
10334-family therapy and counseling to the following categories of cases:
10335-(1) Unmarried romantic relationships and relational systems.
10336-(2) Married couples.
10337-(3) Separating or divorcing couples.
10338-(4) Family systems and groupings, including children and minors.
10339-(h) A doctoral internship may be applied toward the supervised
10340-work experience requirement.
10341-(i) Except as provided in subsection (j), the experience requirement
10342-may be met by work performed at or away from the premises of the
10343-supervising marriage and family therapist.
10344-(i) (j) Except as provided in subsection (k), the work requirement
10345-may not be performed away from the supervising marriage and family
10346-therapist's premises if:
10347-(1) the work is the independent private practice of marriage and
10348-family therapy; and
10349-(2) the work is not performed at a place that has the supervision
10350-of a licensed marriage and family therapist or an equivalent
10351-supervisor, as determined by the board.
10352-(k) Up to one hundred percent (100%) of the supervised postdegree
10353-clinical experience hours required under subsection (c) may be
10354-accounted for through virtual supervision by a licensed marriage and
10355-family therapist or equivalent supervisor described in subsection (c).
10356-HEA 1050 242
10357-SECTION 217. IC 25-24-1-3.2, AS AMENDED BY P.L.157-2006,
10358-SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10359-JULY 1, 2025]: Sec. 3.2. (a) Notwithstanding section 3 of this chapter,
10360-the board may issue or renew a limited license to practice optometry at
10361-the Indiana University School of Optometry if the applicant:
10362-(1) holds an active license in another jurisdiction; and
10363-(2) meets the continuing education requirements under section
10364-14.1 of this chapter.
10365-(b) A limited license issued under this section is valid for two (2)
10366-years.
10367-(c) A limited license issued under this section does not allow the
10368-holder of the license to be granted or have renewed a certificate to
10369-administer, dispense, or prescribe legend drugs unless the holder of the
10370-license meets the requirements of IC 25-24-3-12, IC 25-24-3-13, and
10371-IC 25-23-3-15. IC 25-24-3-15.
10372-SECTION 218. IC 25-40-1-5 IS AMENDED TO READ AS
10373-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. "Employee
10374-assistance professional" means an individual who:
10375-(1) practices the employee assistance profession by providing
10376-workplace based services designed to address employer and
10377-employee productivity issues;
10378-(2) practices the employee assistance profession by assisting
10379-employees and dependents of the employees with identifying and
10380-finding the means to resolve personal problems that affect the
10381-employee or the performance of the employee, not to include
10382-services provided by licensed mental health professionals; and
10383-(3) is:
10384-(A) a certified employee assistance professional; or
10385-(B) experienced and trained in providing the services
10386-described in subdivisions (1) through (2), including the
10387-subjects described in IC 24-40-2-1(1) IC 25-40-2-1(1) through
10388-IC 24-40-2-1(5). IC 25-40-2-1(5).
10389-SECTION 219. IC 26-1-2-326 IS AMENDED TO READ AS
10390-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 326. (1) Unless
10391-otherwise agreed, if delivered goods may be returned by the buyer even
10392-though they conform to the contract, the transaction is:
10393-(a) a "sale on approval" if the goods are delivered primarily for
10394-use; and
10395-(b) a "sale or return" if the goods are delivered primarily for
10396-resale.
10397-(2) Goods held on approval are not subject to the claims of the
10398-buyer's creditors until acceptance. Goods held on sale or return are
10399-HEA 1050 243
10400-subject to such claims while in the buyer's possession.
10401-(3) Any "or return" term of a contract for sale is to be treated as a
10402-separate contract for sale within the statute of frauds section (IC
10403-26-2-2-201) (IC 26-1-2-201) and as contradicting the sale aspect of the
10404-contract within the provisions of IC 26-1-2-202 on parol or extrinsic
10405-evidence.
10406-SECTION 220. IC 28-1-3.1-18 IS AMENDED TO READ AS
10407-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. Upon presentation
10408-of the articles of dissolution as provided in section 17 of this chapter,
10409-the secretary of state shall:
10410-(1) endorse his the secretary of state's approval upon each of the
10411-triplicate copies of the articles if he the secretary of state finds
10412-that they conform to law; and
10413-(2) when all fees have been paid as required by law:
10414-(A) file one (1) copy of the articles in his the secretary of
10415-state's office;
10416-(B) issue a certificate of dissolution to the department; and
10417-(C) return the certificate of dissolution to the department,
10418-together with two (2) copies of the articles of dissolution
10419-bearing the endorsement of his the secretary of state's
10420-approval.
10421-SECTION 221. IC 28-8-4.1-1203, AS ADDED BY P.L.198-2023,
10422-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10423-JULY 1, 2025]: Sec. 1203. (a) A person licensed in Indiana to engage
10424-in the business of money transmission under IC 24-8-4 IC 28-8-4
10425-(before its repeal on January 1, 2024) is not subject to the provisions of
10426-this chapter, to the extent that the provisions of this chapter:
10427-(1) conflict with IC 24-8-4 IC 28-8-4 (before its repeal on January
10428-1, 2024); or
10429-(2) establish new requirements not imposed under IC 24-8-4
10430-IC 28-8-4 (before its repeal on January 1, 2024);
10431-until after December 31, 2023.
10432-(b) Notwithstanding subsection (a), a person licensed in Indiana to
10433-engage in the business of money transmission under IC 24-8-4
10434-IC 28-8-4 (before its repeal on January 1, 2024) shall be required to
10435-amend its authorized delegated contracts so that such contracts comply
10436-with this chapter only with respect to contracts entered into or amended
10437-after December 31, 2023.
10438-(c) Nothing in this section shall be construed as limiting an
10439-authorized delegate's obligations to operate in full compliance with this
10440-chapter, as required by section 801(c) of this chapter, after December
10441-31, 2023.
10442-HEA 1050 244
10443-SECTION 222. IC 29-1-7-16.5, AS ADDED BY P.L.38-2023,
10444-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10445-JULY 1, 2025]: Sec. 16.5. (a) A testator or a testator's agent at the
10446-testator's direction may send a written notice under this section to the
10447-following:
10448-(1) Any person named as a beneficiary in the testator's will.
10449-(2) Any person who would be entitled to inherit from the testator
10450-under IC 29-1-2-1 if the testator died intestate on the date the
10451-notice is received.
10452-(3) Any person who the testator wishes to bar from contesting the
10453-validity of the testator's will under this chapter.
10454-(b) If a testator's will includes a provision exercising a power of
10455-appointment, the testator or the testator's agent acting at the testator's
10456-direction may send a written notice that complies with this section to
10457-the following:
10458-(1) Any person named in the exercise of the power of
10459-appointment as a beneficiary.
10460-(2) Any person who would be entitled to receive property for
10461-which the testator exercises the power of appointment if the
10462-testator failed to validly exercise the power of appointment.
10463-(3) A trustee of a trust holding property subject to the power of
10464-appointment.
10465-(4) A person the testator wishes to be bound to the validity of the
10466-exercise of the power of appointment under the testator's will.
10467-(c) A testator or a testator's agent must send a written notice under
10468-this section to a recipient described in subsection (a) in accordance
10469-with Rules 4.1 through 4.6 of the Indiana Rules of Trial Procedure.
10470-(d) A written notice under this section must include the following:
10471-(1) A copy of the testator's will.
10472-(2) The name and address of each person to whom the testator has
10473-sent the written notice.
10474-(e) A person who wishes to contest the validity of the will must file
10475-a proceeding to contest the will within ninety (90) days after the receipt
10476-of the notice, unless the testator dies before the ninety (90) day period
10477-has elapsed.
10478-(f) Transmission of notice under this section to a recipient at the
10479-recipient's last known address is prima facie evidence that notice was
10480-received, unless controverted by competent evidence to the contrary.
10481-A person is deemed to have received a written notice under this section
10482-if the written notice was sent to any person who under IC 29-1-1-20
10483-may represent and bind that person.
10484-(g) A person who receives a written notice under this section and
10485-HEA 1050 245
10486-wishes to contest the will or the testator's exercise of a power of
10487-appointment must file a proceeding in the court that would have subject
10488-matter jurisdiction of the testator's will, as a separate cause of action,
10489-not later than ninety (90) days after the person's receipt of the written
10490-notice.
10491-(h) A proceeding to contest filed under subsection (g) must name
10492-the following persons, if the persons exist or are living, as party
10493-defendants:
10494-(1) The testator.
10495-(2) The testator's spouse.
10496-(3) Any person who would be entitled to inherit under IC 29-1-2-1
10497-if the testator died intestate on the date of the written notice sent
10498-under this section.
10499-(4) Beneficiaries named or who are discernable discernible as
10500-part of a class identified in the will.
10501-(5) The primary personal representative nominated in the will.
10502-(6) Any person who was sent a written notice under this section.
10503-(i) A proceeding filed under subsection (g) must allege at least one
10504-(1) of the following:
10505-(1) The will does not meet the requirements for the execution of
10506-a valid will under IC 29-1-5-3 or IC 29-1-21-4.
10507-(2) The testator was of unsound mind at the time the will was
10508-executed.
10509-(3) The will was unduly executed.
10510-(4) The will was executed under duress or was obtained by fraud.
10511-(5) Any other objection to the validity of the will, the probate of
10512-the will, or the testator's exercise of a power of appointment.
10513-(j) If:
10514-(1) a testator resided in Indiana at the time of death;
10515-(2) a notice sent under subsection (c) was received by a person;
10516-(3) ninety (90) days or more have passed after the person received
10517-the notice before the testator's death; and
10518-(4) the person did not file a will contest under this section within
10519-ninety (90) days after the person's receipt of the notice;
10520-that person is barred from filing a proceeding under section 17 of this
10521-chapter or under this section. That person may not seek relief as a
10522-co-plaintiff or intervenor in a proceeding commenced by another
10523-person under section 17 of this chapter or this section.
10524-(k) If the testator dies before the end of the ninety (90) day period
10525-under subsection (e), the bar and limitation set forth under subsection
10526-(g) do not apply to the testator's will that was disclosed under
10527-subsection (d), and section 17 of this chapter applies to a will contest
10528-HEA 1050 246
10529-after the entry of an order admitting a will of the testator to probate.
10530-(l) If the ninety (90) day period described in subsection (e) has not
10531-expired as of the date of the death of the testator, the bar and limitation
10532-under subsection (g) do not apply to the testator's will that was
10533-disclosed in the written notice.
10534-(m) The failure of a testator to use the procedures or adhere to the
10535-requirements of this section may not be offered or cited as evidence
10536-that a will is not valid.
10537-(n) Nothing in this section precludes a testator who provides a
10538-written notice under this section from executing a later will or codicil,
10539-but the written notice sent with respect to an earlier will or a
10540-proceeding under this section has no effect on a determination of the
10541-validity of the later will or codicil.
10542-(o) Nothing in this section shall be construed as abrogating the right
10543-or cutting short the time period for a spouse to seek an elective share
10544-under IC 29-1-3-1.
10545-SECTION 223. IC 31-27-2-4, AS AMENDED BY P.L.93-2024,
10546-SECTION 204, IS AMENDED TO READ AS FOLLOWS
10547-[EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The department shall adopt
10548-rules under IC 4-22-2 concerning the licensing and inspection of:
10549-(1) child caring institutions, foster family homes, group homes,
10550-and child placing agencies after consultation with the: following:
10551-(A) Indiana department of health; and
10552-(B) fire prevention and building safety commission; and
10553-(2) child caring institutions and group homes that are licensed for
10554-infants and toddlers after consultation with the division of family
10555-resources.
10556-(b) The rules adopted under subsection (a) shall be applied by the
10557-department and state fire marshal in the licensing and inspection of
10558-applicants for a license and licensees under this article.
10559-(c) The rules adopted under IC 4-22-2 must establish minimum
10560-standards for the care and treatment of children in a secure private
10561-facility.
10562-(d) The rules described in subsection (c) must include standards
10563-governing the following:
10564-(1) Admission criteria.
10565-(2) General physical and environmental conditions.
10566-(3) Services and programs to be provided to confined children.
10567-(4) Procedures for ongoing monitoring and discharge planning.
10568-(5) Procedures for the care and control of confined persons that
10569-are necessary to ensure the health, safety, and treatment of
10570-confined children.
10571-HEA 1050 247
10572-(e) The department shall license a facility as a secure private facility
10573-if the facility:
10574-(1) meets the minimum standards required under subsection (c);
10575-(2) provides a continuum of care and services; and
10576-(3) is licensed under IC 31-27-3.
10577-(f) A waiver of the rules may not be granted for treatment and
10578-reporting requirements.
10579-SECTION 224. IC 33-38-9.5-2.5, AS ADDED BY P.L.42-2024,
10580-SECTION 154, IS AMENDED TO READ AS FOLLOWS
10581-[EFFECTIVE JULY 1, 2025]: Sec. 2.5. (a) Except as provided in
10582-subsection (e), a member of the advisory council is not entitled to the
10583-minimum salary per diem provided by IC 4-10-11-2.1(b).
10584-(b) A member of the advisory council who is a state employee is
10585-entitled to reimbursement for traveling expenses as provided under
10586-IC 4-13-1-4 and other expenses actually incurred in connection with
10587-the member's duties as provided in the state policies and procedures
10588-established by the Indiana department of administration and approved
10589-by the budget agency.
10590-(c) A member of the advisory council who is not a state employee
10591-is entitled to reimbursement for mileage, traveling expenses as
10592-provided under IC 4-13-1-4, and other expenses actually incurred in
10593-connection with the member's duties as provided in the state policies
10594-and procedures established by the Indiana department of administration
10595-and approved by the budget agency.
10596-(d) Except as provided in subsection (e), the expenses of the
10597-advisory council shall be paid by the office of judicial administration
10598-from funds appropriated to the office of judicial administration for the
10599-administrative costs of the justice reinvestment advisory council.
10600-(e) Each member of the advisory council who is a member of the
10601-general assembly is entitled to receive the same per diem, mileage, and
10602-travel allowances paid to legislative members of interim study
10603-committees established by the legislative council. Per diem, mileage,
10604-and travel allowances paid under this subsection shall be paid from
10605-appropriations made to the legislative council or the legislative services
10606-agency.
10607-SECTION 225. IC 33-40-6-5, AS AMENDED BY P.L.111-2024,
10608-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10609-JULY 1, 2025]: Sec. 5. (a) As used in this section, "commission"
10610-means the Indiana commission on court appointed attorneys established
10611-by IC 33-40-5-2.
10612-(b) Except as provided under section 6 of this chapter, upon
10613-certification by a county auditor and a determination by the
10614-HEA 1050 248
10615-commission that the request is in compliance with the guidelines and
10616-standards set by the commission, the commission shall quarterly
10617-authorize an amount of reimbursement due the county or multicounty
10618-public defender's office:
10619-(1) that is equal to fifty percent (50%) of the county's or
10620-multicounty public defender's office's certified expenditures for
10621-indigent defense services provided for a defendant against whom
10622-the death sentence is sought under IC 35-50-2-9; and
10623-(2) except as provided in subsection (c), that is equal to forty
10624-percent (40%) of the county's or multicounty public defender's
10625-office's certified expenditures for defense services provided in
10626-noncapital cases except misdemeanors.
10627-The commission shall then certify to the state comptroller the amount
10628-of reimbursement owed to a county or multicounty public defender's
10629-office under this chapter.
10630-(c) This subsection applies to a county that is one (1) of up to twelve
10631-(12) counties that shall be selected by the Indiana commission on court
10632-appointed attorneys based on population and geographic diversity.
10633-Upon certification by a county auditor and a determination by the
10634-commission that the request is in compliance with the guidelines and
10635-standards set by the commission, the commission may quarterly
10636-authorize an amount of reimbursement due the county or multicounty
10637-public defender's office that is up to forty percent (40%) of the county's
10638-or multicounty public defender's office's certified expenditures for
10639-defense services provided in misdemeanor cases. This subsection
10640-expires June 30, 2029.
10641-(d) The Indiana commission on court appointed attorneys may
10642-substitute a county described in subsection (c) with a county with
10643-similar population and geographic characteristics if the county
10644-described in subsection (c) declines to participate in the misdemeanor
10645-reimbursement. If a county is substituted under this subsection, the
10646-commission shall publish on its website the replacement county.
10647-(e) Upon receiving certification from the commission, the state
10648-comptroller shall issue a warrant to the treasurer of state for
10649-disbursement to the county or multicounty public defender's office of
10650-the amount certified.
10651-(f) The commission shall include in its report under
10652-IC 33-40-5-4(a)(5) information regarding requested reimbursements
10653-and amounts certified for reimbursements to each county or
10654-multicounty public defender's office under subsections (b) and (c).
10655-SECTION 226. IC 34-13-3-2.3, AS ADDED BY P.L.6-2018,
10656-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10657-HEA 1050 249
10658-JULY 1, 2025]: Sec. 2.3. This chapter applies to a claim or suit in tort
10659-against the following:
10660-(1) The host committee for the NCSL 2020 Legislative Summit
10661-established under IC 2-5-41-7 (expired).
10662-(2) A member of the host committee.
10663-(3) The state coordinator of the host committee.
10664-SECTION 227. IC 34-13-3-7 IS AMENDED TO READ AS
10665-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) An offender must
10666-file an administrative claim with the department of correction to
10667-recover compensation for the loss of the offender's personal property
10668-alleged to have occurred during the offender's confinement as a result
10669-of an act or omission of the department or any of its agents, former
10670-officers, employees, or contractors. A claim must be filed within one
10671-hundred eighty (180) days after the date of the alleged loss.
10672-(b) The department of correction shall evaluate each claim filed
10673-under subsection (a) and determine the amount due, if any. If the
10674-amount due is not more than five thousand dollars ($5,000), the
10675-department shall approve the claim for payment and recommend to the
10676-office of the attorney general payment under subsection (c). The
10677-department shall submit all claims in which the amount due exceeds
10678-five thousand dollars ($5,000), with any recommendation the
10679-department considers appropriate, to the office of the attorney general.
10680-The attorney general, in acting upon the claim, shall consider
10681-recommendations of the department to determine whether to deny the
10682-claim or recommend the claim to the governor for approval of payment.
10683-(c) Payment of claims under this section shall be made in the same
10684-manner as payment of claims under IC 34-4-16.5-22. sections 24 and
10685-25 of this chapter.
10686-(d) The department of correction shall adopt rules under IC 4-22-2
10687-necessary to carry out this section.
10688-SECTION 228. IC 34-30-2.1-525.2 IS ADDED TO THE INDIANA
10689-CODE AS A NEW SECTION TO READ AS FOLLOWS
10690-[EFFECTIVE JULY 1, 2025]: Sec. 525.2. IC 32-21-16.5-6
10691-(Concerning a homeowner for nullifying an agreement with an
10692-unlicensed real estate solicitor).
10693-SECTION 229. IC 35-31.5-2-10, AS AMENDED BY P.L.109-2015,
10694-SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10695-JULY 1, 2025]: Sec. 10. "Advisory sentence", for purposes of
10696-IC 35-50-1-2, IC 35-50-2 and this chapter, has the meaning set forth in
10697-IC 35-50-2-1.3.
10698-SECTION 230. IC 35-47-2-3, AS AMENDED BY P.L.9-2024,
10699-SECTION 538, IS AMENDED TO READ AS FOLLOWS
10700-HEA 1050 250
10701-[EFFECTIVE JULY 1, 2025]: Sec. 3. (a) A person who is at least
10702-eighteen (18) years of age and is not otherwise prohibited from carrying
10703-or possessing a handgun under state or federal law is not required to
10704-obtain or possess a license or permit from the state to carry a handgun
10705-in Indiana. A person who wishes to carry a firearm in another state
10706-under a reciprocity agreement entered into by this state and another
10707-state may obtain a license to carry a handgun in Indiana under this
10708-chapter by applying as follows:
10709-(1) If the applicant is a resident of this state:
10710-(A) to the chief of police or corresponding law enforcement
10711-officer of the municipality in which the applicant resides; or
10712-(B) if that municipality has no such officer, or if the applicant
10713-does not reside in a municipality, to the sheriff of the county
10714-in which the applicant resides after the applicant has obtained
10715-an application form prescribed by the superintendent.
10716-(2) If the applicant is a resident of another state and has a regular
10717-place of business or employment in Indiana, to the sheriff of the
10718-county in which the applicant has a regular place of business or
10719-employment.
10720-The superintendent and local law enforcement agencies shall allow an
10721-applicant desiring to obtain or renew a license to carry a handgun to
10722-submit an application electronically under this chapter if funds are
10723-available to establish and maintain an electronic application system.
10724-(b) This subsection applies before July 1, 2020. The law
10725-enforcement agency which accepts an application for a handgun license
10726-shall collect the following application fees:
10727-(1) From a person applying for a four (4) year handgun license, a
10728-ten dollar ($10) application fee, five dollars ($5) of which shall be
10729-refunded if the license is not issued.
10730-(2) From a person applying for a lifetime handgun license who
10731-does not currently possess a valid Indiana handgun license, a fifty
10732-dollar ($50) application fee, thirty dollars ($30) of which shall be
10733-refunded if the license is not issued.
10734-(3) From a person applying for a lifetime handgun license who
10735-currently possesses a valid Indiana handgun license, a forty dollar
10736-($40) application fee, thirty dollars ($30) of which shall be
10737-refunded if the license is not issued.
10738-Except as provided in subsection (j), the fee shall be deposited into the
10739-law enforcement agency's firearms training fund or other appropriate
10740-training activities fund and used by the agency to train law enforcement
10741-officers in the proper use of firearms or in other law enforcement
10742-duties, or to purchase firearms, firearm related equipment, or body
10743-HEA 1050 251
10744-armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
10745-employed by the law enforcement agency. The state board of accounts
10746-shall establish rules for the proper accounting and expenditure of funds
10747-collected under this subsection.
10748-(c) This subsection applies after June 30, 2020, and before July 1,
10749-2021. The law enforcement agency which accepts an application for a
10750-handgun license shall not collect a fee from a person applying for a five
10751-(5) year handgun license and shall collect the following application
10752-fees:
10753-(1) From a person applying for a lifetime handgun license who
10754-does not currently possess a valid Indiana handgun license, a fifty
10755-dollar ($50) application fee, thirty dollars ($30) of which shall be
10756-refunded if the license is not issued.
10757-(2) From a person applying for a lifetime handgun license who
10758-currently possesses a valid Indiana handgun license, a forty dollar
10759-($40) application fee, thirty dollars ($30) of which shall be
10760-refunded if the license is not issued.
10761-Except as provided in subsection (j), the fee shall be deposited into the
10762-law enforcement agency's firearms training fund or other appropriate
10763-training activities fund and used by the agency to train law enforcement
10764-officers in the proper use of firearms or in other law enforcement
10765-duties, or to purchase firearms, firearm related equipment, or body
10766-armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
10767-employed by the law enforcement agency. The state board of accounts
10768-shall establish rules for the proper accounting and expenditure of funds
10769-collected under this subsection.
10770-(d) This subsection applies after June 30, 2021. The law
10771-enforcement agency which accepts an application for a handgun license
10772-shall not collect a fee from a person applying for a handgun license.
10773-(e) The officer to whom the application is made shall ascertain the
10774-applicant's name, full address, length of residence in the community,
10775-whether the applicant's residence is located within the limits of any city
10776-or town, the applicant's occupation, place of business or employment,
10777-criminal record, if any, and convictions (minor traffic offenses
10778-excepted), age, race, sex, nationality, date of birth, citizenship, height,
10779-weight, build, color of hair, color of eyes, scars and marks, whether the
10780-applicant has previously held an Indiana license to carry a handgun
10781-and, if so, the serial number of the license and year issued, whether the
10782-applicant's license has ever been suspended or revoked, and if so, the
10783-year and reason for the suspension or revocation, and the applicant's
10784-reason for desiring a license. If the applicant is not a United States
10785-citizen, the officer to whom the application is made shall ascertain the
10786-HEA 1050 252
10787-applicant's country of citizenship, place of birth, and any alien or
10788-admission number issued by the United States Citizenship and
10789-Immigration Services or United States Customs and Border Protection
10790-or any successor agency as applicable. The officer to whom the
10791-application is made shall conduct an investigation into the applicant's
10792-official records and verify thereby the applicant's character and
10793-reputation, and shall in addition verify for accuracy the information
10794-contained in the application, and shall forward this information
10795-together with the officer's recommendation for approval or disapproval
10796-and one (1) set of legible and classifiable fingerprints of the applicant
10797-to the superintendent. An investigation conducted under this section
10798-must include the consulting of available local, state, and federal
10799-criminal history data banks, including the National Instant Criminal
10800-Background Check System (NICS), to determine whether possession
10801-of a firearm by an applicant would be a violation of state or federal law.
10802-(f) The superintendent may make whatever further investigation the
10803-superintendent deems necessary. Whenever disapproval is
10804-recommended, the officer to whom the application is made shall
10805-provide the superintendent and the applicant with the officer's complete
10806-and specific reasons, in writing, for the recommendation of
10807-disapproval.
10808-(g) If it appears to the superintendent that the applicant:
10809-(1) has a proper reason for receiving a license to carry a handgun;
10810-(2) is of good character and reputation;
10811-(3) is a proper person to be licensed; and
10812-(4) is:
10813-(A) a citizen of the United States; or
10814-(B) not a citizen of the United States but is allowed to carry a
10815-firearm in the United States under federal law;
10816-the superintendent shall issue to the applicant a license to carry a
10817-handgun in Indiana. The original license shall be delivered to the
10818-licensee. A copy shall be delivered to the officer to whom the
10819-application for license was made. A copy shall be retained by the
10820-superintendent for at least five (5) years in the case of a five (5) year
10821-license. The superintendent may adopt guidelines to establish a records
10822-retention policy for a lifetime license. A five (5) year license shall be
10823-valid for a period of five (5) years from the date of issue. A lifetime
10824-license is valid for the life of the individual receiving the license. The
10825-license of police officers, sheriffs or their deputies, and law
10826-enforcement officers of the United States government who have twenty
10827-(20) or more years of service shall be valid for the life of these
10828-individuals. However, a lifetime license is automatically revoked if the
10829-HEA 1050 253
10830-license holder does not remain a proper person.
10831-(h) At the time a license is issued and delivered to a licensee under
10832-subsection (g), the superintendent shall include with the license
10833-information concerning firearms safety rules that:
10834-(1) neither opposes nor supports an individual's right to bear
10835-arms; and
10836-(2) is:
10837-(A) recommended by a nonprofit educational organization that
10838-is dedicated to providing education on safe handling and use
10839-of firearms;
10840-(B) prepared by the state police department; and
10841-(C) approved by the superintendent.
10842-The superintendent may not deny a license under this section because
10843-the information required under this subsection is unavailable at the
10844-time the superintendent would otherwise issue a license. The state
10845-police department may accept private donations or grants to defray the
10846-cost of printing and mailing the information required under this
10847-subsection.
10848-(i) A license to carry a handgun shall not be issued to any person
10849-who:
10850-(1) has been convicted of a felony;
10851-(2) has had a license to carry a handgun suspended, unless the
10852-person's license has been reinstated;
10853-(3) is under eighteen (18) years of age;
10854-(4) is under twenty-three (23) years of age if the person has been
10855-adjudicated a delinquent child for an act that would be a felony if
10856-committed by an adult;
10857-(5) has been arrested for a Class A or Class B felony for an
10858-offense committed before July 1, 2014, for a Level 1, Level 2,
10859-Level 3, or Level 4 felony for an offense committed after June 30,
10860-2014, or any other felony that was committed while armed with
10861-a deadly weapon or that involved the use of violence, if a court
10862-has found probable cause to believe that the person committed the
10863-offense charged;
10864-(6) is prohibited by federal law from possessing or receiving
10865-firearms under 18 U.S.C. 922(g); or
10866-(7) is described in section 1.5 of this chapter, unless exempted by
10867-section 1.5 of this chapter.
10868-In the case of an arrest under subdivision (5), a license to carry a
10869-handgun may be issued to a person who has been acquitted of the
10870-specific offense charged or if the charges for the specific offense are
10871-dismissed. The superintendent shall prescribe all forms to be used in
10872-HEA 1050 254
10873-connection with the administration of this chapter.
10874-(j) If the law enforcement agency that charges a fee under
10875-subsection (b) or (c) is a city or town law enforcement agency, the fee
10876-shall be deposited in the law enforcement continuing education fund
10877-established under IC 5-2-8-2.
10878-(k) If a person who holds a valid license to carry a handgun issued
10879-under this chapter:
10880-(1) changes the person's name;
10881-(2) changes the person's address; or
10882-(3) experiences a change, including an arrest or a conviction, that
10883-may affect the person's status as a proper person (as defined in
10884-IC 35-47-1-7) or otherwise disqualify the person from holding a
10885-license;
10886-the person shall, not later than thirty (30) days after the date of a
10887-change described under subdivision (3), and not later than sixty (60)
10888-days after the date of the change described under subdivision (1) or (2),
10889-notify the superintendent, in writing, of the event described under
10890-subdivision (3) or, in the case of a change under subdivision (1) or (2),
10891-the person's new name or new address.
10892-(l) The state police department shall indicate on the form for a
10893-license to carry a handgun the notification requirements of subsection
10894-(k).
10895-(m) The state police department shall adopt rules under IC 4-22-2
10896-to implement an electronic application system under subsection (a).
10897-Rules adopted under this section must require the superintendent to
10898-keep on file one (1) set of classifiable and legible fingerprints from
10899-every person who has received a license to carry a handgun so that a
10900-person who applies to renew a license will not be required to submit an
10901-additional set of fingerprints.
10902-(n) Except as provided in subsection (o), for purposes of
10903-IC 5-14-3-4(a)(1), the following information is confidential, may not
10904-be published, and is not open to public inspection:
10905-(1) Information submitted by a person under this section to:
10906-(A) obtain; or
10907-(B) renew;
10908-a license to carry a handgun.
10909-(2) Information obtained by a federal, state, or local government
10910-entity in the course of an investigation concerning a person who
10911-applies to:
10912-(A) obtain; or
10913-(B) renew;
10914-a license to carry a handgun issued under this chapter.
10915-HEA 1050 255
10916-(3) The name, address, and any other information that may be
10917-used to identify a person who holds a license to carry a handgun
10918-issued under this chapter.
10919-(o) Notwithstanding subsection (n):
10920-(1) any information concerning an applicant for or a person who
10921-holds a license to carry a handgun issued under this chapter may
10922-be released to a:
10923-(A) state or local government entity:
10924-(i) for law enforcement purposes; or
10925-(ii) to determine the validity of a license to carry a handgun;
10926-or
10927-(B) federal government entity for the purpose of a single entry
10928-query of an applicant or license holder who is:
10929-(i) a subject of interest in an active criminal investigation; or
10930-(ii) arrested for a crime; and
10931-(2) general information concerning the issuance of licenses to
10932-carry handguns in Indiana may be released to a person conducting
10933-journalistic or academic research, but only if all personal
10934-information that could disclose the identity of any person who
10935-holds a license to carry a handgun issued under this chapter has
10936-been removed from the general information.
10937-(p) A person who holds a valid license to carry a handgun under this
10938-chapter is licensed to carry a handgun in Indiana.
10939-(q) A person who knowingly or intentionally violates this section
10940-commits a Class B misdemeanor.
10941-SECTION 231. IC 35-47-4-5, AS AMENDED BY P.L.28-2023,
10942-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10943-JULY 1, 2025]: Sec. 5. (a) As used in this section, "serious violent
10944-felon" means a person who has been convicted of committing a serious
10945-violent felony.
10946-(b) As used in this section, "serious violent felony" means:
10947-(1) murder (IC 35-42-1-1);
10948-(2) attempted murder (IC 35-41-5-1);
10949-(3) voluntary manslaughter (IC 35-42-1-3);
10950-(4) reckless homicide not committed by means of a vehicle (IC
10951-35-42-1-5);
10952-(5) battery (IC 35-42-2-1) as a:
10953-(A) Class A felony, Class B felony, or Class C felony, for a
10954-crime committed before July 1, 2014; or
10955-(B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
10956-felony, for a crime committed after June 30, 2014;
10957-(6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
10958-HEA 1050 256
10959-3 felony, Level 4 felony, or Level 5 felony;
10960-(7) aggravated battery (IC 35-42-2-1.5);
10961-(8) strangulation (IC 35-42-2-9);
10962-(9) kidnapping (IC 35-42-3-2);
10963-(10) criminal confinement (IC 35-42-3-3);
10964-(11) a human or sexual trafficking offense under IC 35-42-3.5;
10965-(12) rape (IC 35-42-4-1);
10966-(13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
10967-(14) child molesting (IC 35-42-4-3);
10968-(15) sexual battery (IC 35-42-4-8) as a:
10969-(A) Class C felony, for a crime committed before July 1, 2014;
10970-or
10971-(B) Level 5 felony, for a crime committed after June 30, 2014;
10972-(16) robbery (IC 35-42-5-1);
10973-(17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
10974-(18) arson (IC 35-43-1-1(a)) as a:
10975-(A) Class A felony or Class B felony, for a crime committed
10976-before July 1, 2014; or
10977-(B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
10978-crime committed after June 30, 2014;
10979-(19) burglary (IC 35-43-2-1) as a:
10980-(A) Class A felony or Class B felony, for a crime committed
10981-before July 1, 2014; or
10982-(B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
10983-felony, for a crime committed after June 30, 2014;
10984-(20) assisting a criminal (IC 35-44.1-2-5) as a:
10985-(A) Class C felony, for a crime committed before July 1, 2014;
10986-or
10987-(B) Level 5 felony, for a crime committed after June 30, 2014;
10988-(21) resisting law enforcement (IC 35-44.1-3-1) as a:
10989-(A) Class B felony or Class C felony, for a crime committed
10990-before July 1, 2014; or
10991-(B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
10992-crime committed after June 30, 2014;
10993-(22) escape (IC 35-44.1-3-4) as a:
10994-(A) Class B felony or Class C felony, for a crime committed
10995-before July 1, 2014; or
10996-(B) Level 4 felony or Level 5 felony, for a crime committed
10997-after June 30, 2014;
10998-(23) trafficking with an inmate (IC 35-44.1-3-5) as a:
10999-(A) Class C felony, for a crime committed before July 1, 2014;
11000-or
11001-HEA 1050 257
11002-(B) Level 5 felony, for a crime committed after June 30, 2014;
11003-(24) criminal organization intimidation (IC 35-45-9-4);
11004-(25) stalking (IC 35-45-10-5) as a:
11005-(A) Class B felony or Class C felony, for a crime committed
11006-before July 1, 2014; or
11007-(B) Level 4 felony or Level 5 felony, for a crime committed
11008-after June 30, 2014;
11009-(26) incest (IC 35-46-1-3);
11010-(27) dealing in or manufacturing cocaine or a narcotic drug (IC
11011-35-48-4-1);
11012-(28) dealing in methamphetamine (IC 35-48-4-1.1) or
11013-manufacturing methamphetamine (IC 35-48-4-1.2);
11014-(29) dealing in a schedule I, II, or III controlled substance (IC
11015-35-48-4-2);
11016-(30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
11017-(31) dealing in a schedule V controlled substance (IC 35-48-4-4);
11018-or
11019-(32) dealing in a controlled substance resulting in death (IC
11020-35-42-1-1.5).
11021-(c) A serious violent felon who knowingly or intentionally possesses
11022-a firearm commits unlawful possession of a firearm by a serious violent
11023-felon, a Level 4 felony.
11024-SECTION 232. IC 36-1-4-22, AS AMENDED BY P.L.157-2024,
11025-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11026-JULY 1, 2025]: Sec. 22. (a) As used in this section, "license bond"
11027-refers to a surety bond required by a political subdivision as a condition
11028-that the political subdivision issue a license or a permit to a person. The
11029-term does not refer to a performance bond.
11030-(b) If a political subdivision requires a person to post a license bond,
11031-a surety bond posted by the person is considered sufficient if the
11032-following conditions are satisfied:
11033-(1) The bond is written by a surety company authorized to transact
11034-business in Indiana.
11035-(2) The obligation on the bond is for an amount that is at least the
11036-amount required by the political subdivision for the issuance of
11037-the particular license or permit. A political subdivision may not
11038-require the obligation on a license bond to be more than fifteen
11039-thousand dollars ($15,000).
11040-(3) The obligee or obligees named on the bond are any of the
11041-following:
11042-(A) The political subdivision that requires the license bond.
11043-(B) Specifically named political subdivisions in the county that
11044-HEA 1050 258
11045-include the name of the political subdivision that requires the
11046-license bond.
11047-(C) All political subdivisions in the county in which the
11048-political subdivision that requires the license bond is located.
11049-(D) All political subdivisions of the same kind as the political
11050-subdivision that requires the license bond located in the
11051-county.
11052-(4) The conditions of the bond otherwise comply with the
11053-requirements of the ordinance that imposes the license bond
11054-condition.
11055-(c) A person required to post a license bond satisfies the posting
11056-requirement if the person files a copy of the license bond with the
11057-political subdivision or appropriate agency of the political subdivision
11058-that requires the license bond. A political subdivision may not require
11059-that the person record the license bond. In addition, a political
11060-subdivision may not impose any other requirement to identify the
11061-particular political subdivision as an obligee on the license bond other
11062-than what is required in subsection (b)(3).
11063-(d) Nothing in this section may be construed to prohibit a political
11064-subdivision from requiring a person to meet registration requirements
11065-in order to ensure that the person meets professional standards or
11066-qualifications necessary for the person to perform the services for
11067-which the license bond is required.
11068-(e) This subsection does not apply to a person that has had a license
11069-bond revoked by a political subdivision located in the same county as
11070-the political subdivision that is named an obligee on the licensee
11071-license bond within one (1) year prior to the date the political
11072-subdivision refused to recognize the license bond that is subject to this
11073-subsection. If a license bond meets the requirements described in
11074-subsection (b) and a political subdivision that is named as an obligee
11075-on the license bond in the manner provided in subsection (b)(3) does
11076-not recognize or otherwise allow the obligor to post the license bond to
11077-obtain a license or permit, the obligor may initiate a civil action against
11078-the political subdivision. In a successful civil action against the
11079-political subdivision, the court shall award the obligor an amount equal
11080-to:
11081-(1) three hundred percent (300%) of the cost of obtaining the
11082-license bond;
11083-(2) damages compensating the obligor for the political
11084-subdivision's failure to recognize or otherwise allow the obligor
11085-to post the license bond; and
11086-(3) reasonable attorney's fees.
11087-HEA 1050 259
11088-SECTION 233. IC 36-2-2.9-8, AS ADDED BY P.L.139-2024,
11089-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11090-JULY 1, 2025]: Sec. 8. If: the contract:
11091-(1) the contract is not disapproved under section 7 of this
11092-chapter; and
11093-(2) the county executive finds the contract:
11094-(A) complies with IC 36-2-2.8; and
11095- (B) is otherwise acceptable;
11096-the county executive may approve and authorize execution of the
11097-contract by the county officer or the county executive.
11098-SECTION 234. IC 36-2-2.9-13, AS ADDED BY P.L.139-2024,
11099-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11100-JULY 1, 2025]: Sec. 13. (a) A county officer must submit the contract
11101-to the county auditor not more than ten (10) days after the contract is
11102-executed.
11103-(b) A contract that is executed by a county officer:
11104-(1) under section 12(b)(2) of this chapter; and
11105-(2) submitted to the county auditor more than ten (10) days after
11106-execution;
11107-is voidable by the county executive.
11108-SECTION 235. IC 36-4-3-7, AS AMENDED BY P.L.105-2022,
11109-SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11110-JULY 1, 2025]: Sec. 7. (a) After an ordinance is adopted under section
11111-3, 4, 5, 5.1, or 5.2 of this chapter, it must be published in the manner
11112-prescribed by IC 5-3-1. Except as provided in subsection (b), (c), or (e),
11113-in the absence of remonstrance and appeal under section 11 or 15.5 of
11114-this chapter, the ordinance takes effect at least ninety (90) days after its
11115-publication and upon the filing required by section 22(a) of this
11116-chapter.
11117-(b) For the purposes of this section, territory that has been:
11118-(1) added to an existing fire protection district under
11119-IC 36-8-11-11; or
11120-(2) approved by ordinance of the county legislative body to be
11121-added to an existing fire protection district under IC 36-8-11-11,
11122-notwithstanding that the territory's addition to the fire protection
11123-district has not yet taken effect;
11124-shall be considered a part of the fire protection district as of the date
11125-that the fire protection district was originally established.
11126-(c) This subsection applies only to a fire protection district
11127-established after July 1, 1987. This subsection does not apply to an
11128-annexation under subsection (g). (f). Whenever a municipality annexes
11129-territory, all or part of which lies within a fire protection district (IC
11130-HEA 1050 260
11131-36-8-11), the annexation ordinance (in the absence of remonstrance
11132-and appeal under section 11 or 15.5 of this chapter) takes effect the
11133-second January 1 that follows the date the ordinance is adopted and
11134-upon the filing required by section 22(a) of this chapter. The
11135-municipality shall:
11136-(1) provide fire protection to that territory beginning the date the
11137-ordinance is effective; and
11138-(2) send written notice to the fire protection district of the date the
11139-municipality will begin to provide fire protection to the annexed
11140-territory within ten (10) days of the date the ordinance is adopted.
11141-(d) This subsection applies only to a fire protection district
11142-established after July 1, 1987. This subsection does not apply to an
11143-annexation under subsection (g). (f). If the fire protection district from
11144-which a municipality annexes territory is indebted or has outstanding
11145-unpaid bonds or other obligations at the time the annexation is
11146-effective, the municipality is liable for and shall pay that indebtedness
11147-in the same ratio as the assessed valuation of the property in the
11148-annexed territory (that is part of the fire protection district) bears to the
11149-assessed valuation of all property in the fire protection district, as
11150-shown by the most recent assessment for taxation before the
11151-annexation, unless the assessed property within the municipality is
11152-already liable for the indebtedness. The annexing municipality shall
11153-pay its indebtedness under this section to the board of fire trustees. If
11154-the indebtedness consists of outstanding unpaid bonds or notes of the
11155-fire protection district, the payments to the board of fire trustees shall
11156-be made as the principal or interest on the bonds or notes becomes due.
11157-(e) This subsection applies to an annexation initiated by property
11158-owners under section 5.1 of this chapter in which all property owners
11159-within the area to be annexed petition the municipality to be annexed.
11160-Subject to subsection (c), and in the absence of an appeal under section
11161-15.5 of this chapter, an annexation ordinance takes effect at least thirty
11162-(30) days after its publication and upon the filing required by section
11163-22(a) of this chapter.
11164-(f) Whenever a municipality annexes territory that lies within a fire
11165-protection district that has a total net assessed value (as determined by
11166-the county auditor) of more than one billion dollars ($1,000,000,000)
11167-on the date the annexation ordinance is adopted:
11168-(1) the annexed area shall remain a part of the fire protection
11169-district after the annexation takes effect; and
11170-(2) the fire protection district shall continue to provide fire
11171-protection services to the annexed area.
11172-The municipality shall not tax the annexed territory for fire protection
11173-HEA 1050 261
11174-services. The annexing municipality shall establish a special fire fund
11175-for all fire protection services that are provided by the municipality
11176-within the area of the municipality that is not within the fire protection
11177-district, and which shall not be assessed to the annexed special taxing
11178-district. The annexed territory that lies within the fire protection district
11179-shall continue to be part of the fire protection district special taxing
11180-district.
11181-SECTION 236. IC 36-4-3-7.2, AS ADDED BY P.L.23-2022,
11182-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11183-JULY 1, 2025]: Sec. 7.2. (a) This section applies to an annexation that
11184-satisfies all of the following:
11185-(1) The annexation ordinance is adopted after December 31,
11186-2020.
11187-(2) The annexation is initiated by property owners under section
11188-5.1 of this chapter in which all property owners within the
11189-annexation territory petition the municipality to be annexed.
11190-(3) All or part of the annexation territory is within a fire
11191-protection district that was established after July 1, 1987.
11192-(4) At least a majority of the members of the board of trustees of
11193-the fire protection district adopt a resolution consenting to the
11194-annexation.
11195-(5) The portion of the annexation territory located within the fire
11196-protection district constitutes less than three percent (3%) of the
11197-total net assessed value (as determined by the county auditor) of
11198-the fire protection district on the date the annexation ordinance is
11199-adopted.
11200-(b) Section 7(b) 7(c), and 7(e) and 7(d) of this chapter apply to an
11201-annexation under this section.
11202-(c) Section 7(a), 7(d), 7(f), and 7(g) 7(c), 7(e), and 7(f) of this
11203-chapter do not apply to an annexation under this section.
11204-(d) After an annexation ordinance is adopted, the ordinance must be
11205-published in the manner prescribed by IC 5-3-1. In the absence of an
11206-appeal under section 15.5 of this chapter, the annexation ordinance
11207-takes effect at least thirty (30) days after its publication and upon the
11208-filing required by section 22(a) of this chapter.
11209-SECTION 237. IC 36-4-3-11.4, AS ADDED BY P.L.228-2015,
11210-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11211-JULY 1, 2025]: Sec. 11.4. (a) This section applies only to an
11212-annexation that the meets all of the following requirements:
11213-(1) The annexation ordinance is adopted after December 31,
11214-2016.
11215-(2) Notwithstanding the contiguity requirements of section 1.5 of
11216-HEA 1050 262
11217-this chapter, at least one-tenth (1/10) of the aggregate external
11218-boundaries of the territory sought to be annexed coincides with
11219-the boundaries of:
11220-(A) the municipality; and
11221-(B) the site of an economic development project.
11222-(b) As used in this section, "economic development project" means
11223-any project developed by the municipality that meets all of the
11224-following requirements:
11225-(1) The annexing municipality determines that the project will:
11226-(A) promote significant opportunities for the gainful
11227-employment of its citizens;
11228-(B) attract a major new business enterprise to the municipality;
11229-or
11230-(C) retain or expand a significant business enterprise within
11231-the municipality.
11232-(2) The project involves expenditures by the annexing
11233-municipality for any of the following:
11234-(A) Land acquisition, interests in land, site improvements,
11235-infrastructure improvements, buildings, or structures.
11236-(B) Rehabilitation, renovation, and enlargement of buildings
11237-and structures.
11238-(C) Machinery, equipment, furnishings, or facilities.
11239-(D) Substance removal or remedial action.
11240-(c) Notwithstanding section 11.3(b) of this chapter, even if a
11241-remonstrance has enough signatures to satisfy the requirements of
11242-section 11.3(b) of this chapter, the annexation ordinance is not void and
11243-may be appealed to the court under section 11 of this chapter, if all of
11244-the following requirements are met:
11245-(1) The economic development project site needs the following
11246-capital services that the municipality is lawfully able to provide:
11247-(A) water;
11248-(B) sewer;
11249-(C) gas; or
11250-(D) any combination of the capital services described in
11251-clauses (A) through (C).
11252-(2) The municipality finds that it is in the municipality's best
11253-interest to annex the annexation territory in order to extend,
11254-construct, or operate the capital services that are provided to the
11255-economic development project site.
11256-(3) Before the date the annexation ordinance is adopted, a
11257-taxpayer whose business will occupy the economic development
11258-project site has done at least one (1) of the following:
11259-HEA 1050 263
11260-(A) Filed a statement of benefits under IC 6-1.1-12.1 with the
11261-designating body for the annexing municipality for a deduction
11262-or abatement.
11263-(B) Entered into an agreement with the Indiana economic
11264-development corporation for a credit under IC 6-3.1-13.
11265-(d) If the economic development project:
11266-(1) has not commenced within twelve (12) months after the date
11267-the annexation ordinance is adopted; or
11268-(2) is not completed within thirty-six (36) months after the date
11269-the annexation ordinance is adopted;
11270-the annexation territory is disannexed from the municipality and reverts
11271-to the jurisdiction of the unit having jurisdiction before the annexation.
11272-For purposes of this subsection, a an economic development project is
11273-considered to have commenced on the day that the physical erection,
11274-installation, alteration, repair, or remodeling of a building or structure
11275-commences on the site of the economic development project.
11276-SECTION 238. IC 36-7-40-14, AS ADDED BY P.L.169-2024,
11277-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11278-JULY 1, 2025]: Sec. 14. If the legislative body of a city has adopted an
11279-ordinance to establish an economic enhancement district under this
11280-chapter before March 15, 2024 (the effective date of HEA 1199-2024,
11281-P.L.169-2024), that ordinance shall be void, but may be revised and
11282-reenacted by the legislative body of the city by the adoption of a new
11283-ordinance under section 4 of this chapter, which must comply with the
11284-provisions of this chapter as amended by HEA 1199-2024.
11285-P.L.169-2024.
11286-SECTION 239. IC 36-8-16.7-0.5 IS ADDED TO THE INDIANA
11287-CODE AS A NEW SECTION TO READ AS FOLLOWS
11288-[EFFECTIVE JULY 1, 2025]: Sec. 0.5. (a) As used in this chapter,
11289-"911 service" means a communications service that uses the three
11290-(3) digit number 911 to send:
11291-(1) automatic number identification or its functional
11292-equivalent or successor; and
11293-(2) automatic location information or its functional equivalent
11294-or successor;
11295-for reporting police, fire, medical, or other emergency situations.
11296-(b) The term includes both Phase I and Phase II enhanced 911
11297-services, as described in 47 CFR 9.10.
11298-SECTION 240. IC 36-8-16.7-9 IS REPEALED [EFFECTIVE JULY
11299-1, 2025]. Sec. 9. (a) As used in this chapter, "911 service" means a
11300-communications service that uses the three (3) digit number 911 to
11301-send:
11302-HEA 1050 264
11303-(1) automatic number identification or its functional equivalent or
11304-successor; and
11305-(2) automatic location information or its functional equivalent or
11306-successor;
11307-for reporting police, fire, medical, or other emergency situations.
11308-(b) The term includes both Phase I and Phase II enhanced 911
11309-services, as described in 47 CFR 20.18.
11310-SECTION 241. [EFFECTIVE UPON PASSAGE] (a) This act may
11311-be referred to as the "technical corrections bill of the 2025 general
11312-assembly".
11313-(b) The phrase "technical corrections bill of the 2025 general
11314-assembly" may be used in the lead-in line of a SECTION of an act
11315-other than this act to identify provisions added, amended, or
11316-repealed by this act that are also amended or repealed in the other
11317-act.
11318-(c) This SECTION expires December 31, 2025.
11319-SECTION 242. [EFFECTIVE UPON PASSAGE] (a) This
11320-SECTION applies to publication of the following:
11321-(1) A provision of the Indiana Code that is:
11322-(A) added or amended by this act; and
11323-(B) repealed by another act without recognizing the
11324-existence of the amendment made by this act by an
11325-appropriate reference in the lead-in line of the SECTION
11326-of the other act repealing the same provision of the Indiana
11327-Code.
11328-(2) A provision of the Indiana Code that is:
11329-(A) amended by this act; and
11330-(B) amended by another act without recognizing the
11331-existence of the amendment made by this act by an
11332-appropriate reference in the lead-in line of the SECTION
11333-of the other act amending the same provision of the
11334-Indiana Code.
11335-(b) As used in this SECTION, "other act" refers to an act
11336-enacted in the 2025 session of the general assembly other than this
11337-act. "Another act" has a corresponding meaning.
11338-(c) Except as provided in subsections (d) and (e), a provision
11339-repealed by another act shall be considered repealed, regardless of
11340-whether there is a difference in the effective date of the provision
11341-added or amended by this act and the provision repealed by the
11342-other act. Except as provided in subsection (d), the lawful
11343-compilers of the Indiana Code, in publishing the affected Indiana
11344-Code provision, shall publish only the version of the Indiana Code
11345-HEA 1050 265
11346-provision that is repealed by the other act. The history line for an
11347-Indiana Code provision that is repealed by the other act must
11348-reference that act.
11349-(d) This subsection applies if a provision described in subsection
11350-(a) that is added or amended by this act takes effect before the
11351-corresponding provision repeal in the other act. The lawful
11352-compilers of the Indiana Code, in publishing the provision added
11353-or amended in this act, shall publish that version of the provision
11354-and note that the provision is effective until the effective date of the
11355-corresponding provision repeal in the other act. On and after the
11356-effective date of the corresponding provision repeal in the other
11357-act, the provision repealed by the other act shall be considered
11358-repealed, regardless of whether there is a difference in the effective
11359-date of the provision added or amended by this act and the
11360-provision repealed by the other act. The lawful compilers of the
11361-Indiana Code, in publishing the affected Indiana Code provision,
11362-shall publish the version of the Indiana Code provision that is
11363-repealed by the other act, and shall note that this version of the
11364-provision is effective on the effective date of the repealed provision
11365-of the other act.
11366-(e) If, during the same year, two (2) or more other acts repeal
11367-the same Indiana Code provision as the Indiana Code provision
11368-added or amended by this act, the lawful compilers of the Indiana
11369-Code, in publishing the Indiana Code provision, shall follow the
11370-principles set forth in this SECTION.
11371-(f) Except as provided in subsections (g) and (h), a provision
11372-amended by another act that includes all amendments made to the
11373-provision by this act shall be published in the Indiana Code only in
11374-the version of the provision amended by the other act. The history
11375-line for an Indiana Code provision that is amended by the other act
11376-must reference that act.
11377-(g) This subsection applies if a provision in this act described in
11378-subsection (f) takes effect before the corresponding provision in the
11379-other act. The lawful compilers of the Indiana Code, in publishing
11380-the provision amended in this act, shall publish this version of the
11381-provision and note that the provision is effective until the effective
11382-date of the corresponding provision in the other act. The lawful
11383-compilers of the Indiana Code, in publishing the corresponding
11384-provision in the other act, shall publish that version of the
11385-provision and note that the provision is effective on and after the
11386-effective date of the provision in the other act.
11387-(h) If, during the same year, two (2) or more other acts amend
11388-HEA 1050 266
11389-the same Indiana Code provision as the Indiana Code provision
11390-amended by this act, the lawful compilers of the Indiana Code, in
11391-publishing the Indiana Code provision, shall follow the principles
11392-set forth in this SECTION.
11393-(i) This SECTION expires December 31, 2025.
11394-SECTION 243. An emergency is declared for this act.
11395-HEA 1050 Speaker of the House of Representatives
11396-President of the Senate
11397-President Pro Tempore
11398-Governor of the State of Indiana
11399-Date: Time:
11400-HEA 1050
41+1 SECTION 1. IC 2-5-53.7-5, AS ADDED BY P.L.108-2024,
42+2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
43+3 JULY 1, 2025]: Sec. 5. (a) The task force consists of the following
44+4 fifteen (15) members:
45+5 (1) A member of the house of representatives who is appointed to
46+6 the task force by the speaker of the house of representatives.
47+7 (2) A member of the senate who is appointed to the task force by
48+8 the president pro tempore of the senate.
49+9 (3) A member of the house of representatives who is appointed to
50+10 the task force by the minority leader of the house of
51+11 representatives.
52+12 (4) A member of the senate who is appointed to the task force by
53+13 the minority leader of the senate.
54+14 (5) The chief information officer appointed under IC 4-13.1-2-3,
55+15 who serves as an ex officio member of the task force.
56+16 (6) The chief data officer appointed under IC 4-3-26-9, who
57+17 serves as an ex officio member of the task force, or the chief data
58+EH 1050—LS 6050/DI 112 2
59+1 officer's designee.
60+2 (7) The following members who are appointed to the task force by
61+3 the governor:
62+4 (A) An academic professional who:
63+5 (i) is employed by a public or private college or university
64+6 located in Indiana; and
65+7 (ii) specializes in ethics.
66+8 (B) An academic professional who:
67+9 (i) is employed by a public or private college or university
68+10 located in Indiana; and
69+11 (ii) specializes in artificial intelligence technology.
70+12 (C) An individual with expertise in the use of artificial
71+13 intelligence by law enforcement agencies.
72+14 (D) An individual with expertise in legal and constitutional
73+15 rights.
74+16 (E) An individual employed in the cloud technology industry.
75+17 (8) A member with expertise in artificial intelligence or
76+18 cybersecurity who is appointed to the task force as follows:
77+19 (A) The president pro tempore of the senate shall appoint the
78+20 member in odd-numbered years.
79+21 (B) The speaker of the house of representatives shall appoint
80+22 the member in even-numbered years.
81+23 (9) The solicitor general, who serves as an ex officio member of
82+24 the task force, or the solicitor general's designee.
83+25 (10) The director of information technology of the senate, who
84+26 serves as an ex officio member of the task force.
85+27 (11) The director of the legislative services agency's office of
86+28 technology services, who serves as an ex officio member of the
87+29 task force.
88+30 (b) The members appointed under subsection (a)(1) and (a)(2) shall
89+31 serve as co-chairs of the task force.
90+32 (c) Members of the task force appointed to the task force under
91+33 subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), and (a)(8) serve a term
92+34 that ends June 30 of each odd-numbered year but may be reappointed
93+35 to subsequent terms.
94+36 (d) If a vacancy occurs on the task force, the appointing authority
95+37 who appointed the member whose position is vacant shall appoint an
96+38 individual to fill the vacancy.
97+39 (e) An individual appointed to fill a vacancy must meet the
98+40 qualifications of the vacancy.
99+41 (f) An individual appointed to fill a vacancy serves for the
100+42 remainder of the term of the member the individual is appointed to
101+EH 1050—LS 6050/DI 112 3
102+1 replace.
103+2 (g) The following shall serve as nonvoting members of the task
104+3 force:
105+4 (1) The chief information officer.
106+5 (2) The chief data officer, or the chief data officer's designee.
107+6 (h) Appointing authorities shall appoint the initial members of the
108+7 task force under subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), and
109+8 (a)(8) not later than August 1, 2024, and not later than August 1 of
110+9 each odd-numbered year thereafter.
111+10 SECTION 2. IC 2-5-54-6, AS ADDED BY P.L.42-2024, SECTION
112+11 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
113+12 2025]: Sec. 6. A member of the oversight committee serves at the
114+13 pleasure of the appointing authority. A member of the oversight
115+14 committee appointed under IC 12-15-47.3 (before its repeal) serves a
116+15 two (2) two year term that expires on June 30, 2025. A member may be
117+16 reappointed to successive terms.
118+17 SECTION 3. IC 3-5-3-1, AS AMENDED BY P.L.65-2024,
119+18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
120+19 JULY 1, 2025]: Sec. 1. (a) Except as provided in sections 7 through 10
121+20 of this chapter, the county auditor shall pay the expenses of voter
122+21 registration and for all election supplies, equipment, and expenses out
123+22 of the county treasury in the manner provided by law. The county fiscal
124+23 body shall make the necessary appropriations for these purposes.
125+24 (b) The county executive shall pay to the circuit court clerk or board
126+25 of registration the expenses of:
127+26 (1) removing voters from the registration record under IC 3-7-43,
128+27 IC 3-7-45, or IC 3-7-46; and
129+28 (2) performing voter list maintenance programs under IC 3-7;
130+29 out of the county treasury without appropriation.
131+30 (c) Registration expenses incurred by a circuit court clerk or board
132+31 of registration for:
133+32 (1) the salaries of members of a board of registration appointed
134+33 under IC 3-7-12-9;
135+34 (2) the salaries of chief clerks appointed under IC 3-7-12-17; and
136+35 (3) the salaries of assistants employed under IC 3-7-12-19;
137+36 may not be charged to a municipality. However, the municipality may
138+37 be charged for wages of extra persons employed to provide additional
139+38 assistance reasonably related to the municipal election.
140+39 (d) A political subdivision that conducts or administers an election
141+40 may not:
142+41 (1) accept private money donations; or
143+42 (2) receive funds or expend funds received;
144+EH 1050—LS 6050/DI 112 4
145+1 from a person for preparing, administering, or conducting elections or
146+2 employing individuals on a temporary basis for the purpose of
147+3 preparing, administering, or conducting elections, including registering
148+4 voters. This subsection does not prohibit a political subdivision from
149+5 receiving or expending funds from the state or from the federal
150+6 government to prepare for, administer, or conduct an election.
151+7 (e) A political subdivision that conducts or administers an election
152+8 may not join the membership of, or participate in a program offered by,
153+9 a person who has directly financed:
154+10 (1) preparing, administrating, administering, or conducting
155+11 elections; or
156+12 (2) employing individuals on a temporary basis for the purpose of
157+13 preparing, administering, or conducting elections, including
158+14 registering voters.
159+15 For purposes of this subsection, a person does not include the local,
160+16 state, or federal government.
161+17 SECTION 4. IC 3-14-5-2, AS AMENDED BY P.L.153-2024,
162+18 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
163+19 JULY 1, 2025]: Sec. 2. (a) Each precinct election board shall, at the
164+20 close of the polls, place any affidavit prescribed by IC 3-10-1-9 to
165+21 challenge the party affiliation of a person wishing to cast a ballot in a
166+22 primary election in a strong paper bag or envelope and securely seal it.
167+23 Each member shall endorse that member's name on the back of the bag
168+24 or envelope.
169+25 (b) Each precinct election board shall, at the close of the polls, place
170+26 any affidavit:
171+27 (1) other than an affidavit described in subsection (a) that is
172+28 challenging the eligibility of a person who has offered to vote at
173+29 a primary election; and
174+30 (2) including the form printed on the face of the provisional ballot
175+31 envelope described in IC 3-11.7-5-3;
176+32 in a strong paper bag or envelope and securely seal it. Each member
177+33 shall endorse that member's name on the back of the bag or envelope.
178+34 (c) The inspector and judge of the opposite political party shall
179+35 deliver the sealed bags or envelopes to the county election board. The
180+36 county election board shall do the following:
181+37 (1) Remove the affidavits described in subsections (a) and (b)
182+38 from the bag or envelope and make three (3) copies of each
183+39 affidavit.
184+40 (2) Mail a copy of each affidavit to the secretary of state.
185+41 (3) Replace the affidavits within the bag or envelope and keep the
186+42 affidavits secure in accordance with IC 3-10-1-31.1. The
187+EH 1050—LS 6050/DI 112 5
188+1 affidavits may be removed from the bag or envelope by the county
189+2 election board during a meeting or hearing when the affidavit is
190+3 to be reviewed under this title.
191+4 (4) Reseal the bag or envelope containing the affidavits with the
192+5 endorsement of the name of each county election board member
193+6 on the back of the bag or envelope immediately after the county
194+7 election board determines which provisional ballots can be
195+8 counted and not counted under IC 3-11.7.
196+9 (5) Carefully preserve the resealed bag or envelope in accordance
197+10 with IC 3-10-1-31.1.
198+11 (d) The county election board shall do the following after the
199+12 conclusion of the period for filing a petition for a recount or contest
200+13 described in IC 3-10-1-31.1(b) and IC 3-10-1-31.1(c) during which
201+14 election materials are required to be sealed by the circuit court clerk:
202+15 (1) Retain one (1) copy of each affidavit to make available for
203+16 public inspection and copying under IC 5-14-3.
204+17 (2) Deliver one (1) copy of each affidavit, sealed in a bag or
205+18 envelope by the county election board, to the prosecuting attorney
206+19 of the county.
207+20 (e) The grand jury shall inquire into the truth or falsity of the
208+21 affidavits, and the court having jurisdiction over the grand jury shall
209+22 specially charge the jury as to its duties under this section. The grand
210+23 jury or prosecuting attorney of the county where the grand jury is
211+24 sitting may request the original affidavit from the circuit court clerk if
212+25 the grand jury determines that it is necessary to review the original
213+26 affidavit during the inquiry.
214+27 (f) The grand jury shall file a report of the result of its inquiry with:
215+28 (1) the court; and
216+29 (2) the NVRA official if a violation of NVRA appears to have
217+30 occurred.
218+31 (g) If the original affidavit is delivered to the grand jury or the
219+32 prosecuting attorney under subsection (e), the prosecuting attorney
220+33 shall:
221+34 (1) preserve the affidavit and envelope in accordance with
222+35 IC 3-10-1-31.1;
223+36 (2) ensure that no person can access a provisional ballot contained
224+37 in the envelope that the affidavit described in subsection (b) is
225+38 printed on; and
226+39 (3) return the affidavit and envelope to the circuit court clerk after
227+40 the prosecuting attorney has completed any proceeding resulting
228+41 from the investigation of the affidavit and envelope.
229+42 SECTION 5. IC 4-2-6-9, AS AMENDED BY P.L.123-2015,
230+EH 1050—LS 6050/DI 112 6
231+1 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
232+2 JULY 1, 2025]: Sec. 9. (a) A state officer, an employee, or a special
233+3 state appointee may not participate in any decision or vote, or matter
234+4 relating to that decision or vote, if the state officer, employee, or
235+5 special state appointee has knowledge that any of the following has a
236+6 financial interest in the outcome of the matter:
237+7 (1) The state officer, employee, or special state appointee.
238+8 (2) A member of the immediate family of the state officer,
239+9 employee, or special state appointee.
240+10 (3) A business organization in which the state officer, employee,
241+11 or special state appointee is serving as an officer, a director, a
242+12 member, a trustee, a partner, or an employee.
243+13 (4) Any person or organization with whom the state officer,
244+14 employee, or special state appointee is negotiating or has an
245+15 arrangement concerning prospective employment.
246+16 (b) A state officer, an employee, or a special state appointee who
247+17 identifies a potential conflict of interest shall notify the person's
248+18 appointing authority and ethics officer in writing and do either of the
249+19 following:
250+20 (1) Seek an advisory opinion from the commission by filing a
251+21 written description detailing the nature and circumstances of the
252+22 particular matter and making full disclosure of any related
253+23 financial interest in the matter. The commission shall:
254+24 (A) with the approval of the appointing authority, assign the
255+25 particular matter to another person and implement all
256+26 necessary procedures to screen the state officer, employee, or
257+27 special state appointee seeking an advisory opinion from
258+28 involvement in the matter; or
259+29 (B) make a written determination that the interest is not so
260+30 substantial that the commission considers it likely to affect the
261+31 integrity of the services that the state expects from the state
262+32 officer, employee, or special state appointee.
263+33 (2) File a written disclosure statement with the commission that:
264+34 (A) details the conflict of interest;
265+35 (B) describes and affirms the implementation of a screen
266+36 established by the ethics officer;
267+37 (C) is signed by both:
268+38 (i) the state officer, employee, or special state appointee who
269+39 identifies the potential conflict of interest; and
270+40 (ii) the agency ethics officer;
271+41 (D) includes a copy of the disclosure provided to the
272+42 appointing authority; and
273+EH 1050—LS 6050/DI 112 7
274+1 (E) is filed not later than seven (7) days after the conduct that
275+2 gives rise to the conflict.
276+3 A written disclosure filed under this subdivision shall be posted
277+4 on the inspector general's Internet web site. website.
278+5 (c) A written determination under subsection (b)(1)(B) constitutes
279+6 conclusive proof that it is not a violation for the state officer, employee,
280+7 or special state appointee who sought an advisory opinion under this
281+8 section to participate in the particular matter. A written determination
282+9 under subsection (b)(1)(B) shall be filed with the appointing authority.
283+10 SECTION 6. IC 4-2-6-15, AS AMENDED BY P.L.108-2019,
284+11 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
285+12 JULY 1, 2025]: Sec. 15. (a) This section does not apply to the
286+13 following:
287+14 (1) A communication made by the governor concerning the public
288+15 health or safety.
289+16 (2) A communication:
290+17 (A) that a compelling public policy reason justifies the state
291+18 officer to make; and
292+19 (B) the expenditure for which is approved by the budget
293+20 agency after an advisory recommendation from the budget
294+21 committee.
295+22 (3) A communication:
296+23 (A) posted or maintained on a state owned Internet web site;
297+24 website; or
298+25 (B) that relates to the official duties of the state officer and that
299+26 is not made for commercial broadcast or dissemination to the
300+27 general public.
301+28 (4) Information posted on social media in accordance with section
302+29 15.5 of this chapter.
303+30 (b) This section does not prohibit a state officer from using in a
304+31 communication the title of the office the state officer holds.
305+32 (c) As used in this section, "communication" refers only to the
306+33 following:
307+34 (1) An audio communication.
308+35 (2) A video communication.
309+36 (3) A print communication in a newspaper (as defined in
310+37 IC 5-3-1-0.4).
311+38 (d) A state officer may not use the state officer's name or likeness in
312+39 a communication paid for entirely or in part with appropriations made
313+40 by the general assembly, regardless of the source of the money.
314+41 (e) A state officer may not use the state officer's name or likeness in
315+42 a communication paid for entirely or in part with:
316+EH 1050—LS 6050/DI 112 8
317+1 (1) money from the securities division enforcement account
318+2 established under IC 23-19-6-1(f); or
319+3 (2) appropriations from the state general fund made under
320+4 IC 23-19-6-1(f).
321+5 SECTION 7. IC 4-3-24-7, AS AMENDED BY P.L.108-2019,
322+6 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
323+7 JULY 1, 2025]: Sec. 7. (a) The budget agency shall each year publish
324+8 an annual report summarizing the federal assistance received by state
325+9 agencies during the preceding federal fiscal year, including:
326+10 (1) a list of all federal assistance that state agencies received;
327+11 (2) the state match requirements and maintenance of effort
328+12 requirements for each federal assistance program; and
329+13 (3) the federal assistance agreement start and end date.
330+14 (b) The budget agency shall publish a comprehensive federal
331+15 assistance review plan that incorporates each state agency's findings
332+16 and recommendations under section 6 of this chapter. The
333+17 comprehensive federal assistance review plan may include options for
334+18 coordination among state agencies to address issues caused by federal
335+19 mandates and regulations.
336+20 (c) The budget agency shall perform a review of the current impact
337+21 and projected future impact of federal mandates and regulations on
338+22 Indiana.
339+23 (d) The budget agency shall submit the annual report to the
340+24 governor, to the members of the United States Congress representing
341+25 Indiana, the budget committee, the interim study committee on fiscal
342+26 policy, and (in an electronic format under IC 5-14-6) to the legislative
343+27 council.
344+28 (e) The budget agency, in collaboration with state agencies, shall
345+29 maintain on its Internet web site website a list of all federal grant
346+30 applications made by state agencies, award notices, and grant
347+31 amendments. A state agency that applies for a federal grant must
348+32 provide the application submitted to the federal government to the
349+33 budget agency within sixty (60) days of applying for the grant. State
350+34 agencies shall provide a copy of each award notice and grant
351+35 amendment approval to the budget agency within sixty (60) days of
352+36 receiving it.
353+37 SECTION 8. IC 4-3-25-5, AS AMENDED BY P.L.205-2017,
354+38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
355+39 JULY 1, 2025]: Sec. 5. (a) The member of the governor's staff
356+40 appointed under section 4(1) 4(a)(1) of this chapter shall serve as the
357+41 chairperson of the commission. The chairperson shall determine the
358+42 agenda for the commission.
359+EH 1050—LS 6050/DI 112 9
360+1 (b) The member at large appointed under section 4(19) 4(a)(19) of
361+2 this chapter shall serve as vice chairperson of the commission. The
362+3 chairperson shall determine the duties of the vice chairperson.
363+4 SECTION 9. IC 4-3-27-17, AS ADDED BY P.L.216-2021,
364+5 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
365+6 JULY 1, 2025]: Sec. 17. (a) The cabinet may establish a course catalog
366+7 which must be maintained on the cabinet's Internet web site website
367+8 with links to the course catalog maintained on the department of
368+9 workforce development's Internet web site website and the commission
369+10 for higher education's Internet web site. website. The course catalog
370+11 shall be known as the course catalog for lifelong learning. The course
371+12 catalog shall list all:
372+13 (1) work based learning, preapprenticeship, and apprenticeship
373+14 opportunities in Indiana; and
374+15 (2) providers that are eligible to receive high value workforce
375+16 ready grants described under IC 21-12-8.
376+17 (b) The cabinet may list the cost of each course or experience in the
377+18 catalog as well as a link on the cabinet's Internet web site website to
378+19 allow an individual to enroll in a particular course or experience.
379+20 SECTION 10. IC 4-4-38-7, AS AMENDED BY P.L.189-2019,
380+21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
381+22 JULY 1, 2025]: Sec. 7. (a) Subject to:
382+23 (1) subsection (b); and
383+24 (2) section 8 of this chapter;
384+25 the office shall establish procedures for awarding grants from the fund
385+26 to qualified broadband providers for qualified broadband project
386+27 expenses incurred in connection with qualified broadband projects.
387+28 (b) In awarding grants under this chapter, the office shall establish
388+29 the following priorities:
389+30 (1) First, extending the deployment of qualified broadband service
390+31 to areas in which:
391+32 (A) Internet connections are unavailable; or
392+33 (B) the only available Internet connections provide capacity
393+34 for transmission at an actual speed of less than ten (10)
394+35 megabits per second downstream.
395+36 (2) Second, extending the deployment of high speed Internet
396+37 service to areas in which the only available Internet connections
397+38 provide capacity for transmission at an actual speed of:
398+39 (A) not less than ten (10) megabits; and
399+40 (B) not more than twenty-five (25) megabits;
400+41 per second downstream.
401+42 (c) Subject to section 11 of this chapter, the office shall publish on
402+EH 1050—LS 6050/DI 112 10
403+1 the office's Internet web site website all grant applications received by
404+2 the office under this chapter. For each grant application received, the
405+3 office shall establish a period of at least thirty (30) days from the date
406+4 the application is published on the office's Internet web site website
407+5 under this subsection, during which time the office will accept
408+6 comments or objections concerning the application. The office shall
409+7 consider all comments or objections received under this subsection in
410+8 making a determination as to whether to award a grant to an applicant
411+9 under this chapter.
412+10 SECTION 11. IC 4-4-38.5-13, AS AMENDED BY P.L.89-2021,
413+11 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
414+12 JULY 1, 2025]: Sec. 13. (a) The office shall establish and publish on
415+13 the office's Internet web site: website:
416+14 (1) specific, measurable goals; and
417+15 (2) metrics to be used in assessing the progress made toward
418+16 accomplishing those goals;
419+17 for the disbursement of state broadband grant funds.
420+18 (b) Beginning in 2020, not later than August 1 of each year, the
421+19 office shall submit to the interim study committee on energy, utilities,
422+20 and telecommunications established by IC 2-5-1.3-4(8) a report on the
423+21 awarding of grants under this chapter during the most recent state fiscal
424+22 year, including the following:
425+23 (1) The number, amounts, and recipients of grants awarded under
426+24 this chapter, along with the state agency awarding each grant.
427+25 (2) The status of any funded eligible broadband projects.
428+26 (3) Expenses incurred and funds spent by the office in
429+27 administering this chapter.
430+28 (4) A list of the entities, if any, that the office collaborated with in
431+29 administering this chapter.
432+30 (5) An accounting of money in the fund, including funds awarded
433+31 as grants under this chapter.
434+32 (6) The number of:
435+33 (A) school corporation buildings described in section 9(b)(1)
436+34 of this chapter;
437+35 (B) rural health clinics described in section 9(b)(2) of this
438+36 chapter;
439+37 (C) access points described in section 9(b)(3) of this chapter;
440+38 and
441+39 (D) locations in rural areas described in section 9(b)(4) of this
442+40 chapter;
443+41 to which broadband infrastructure has been deployed with the use
444+42 of grant funds under this chapter, including address-level
445+EH 1050—LS 6050/DI 112 11
446+1 information for newly connected locations.
447+2 (7) The overall progress of the deployment of broadband
448+3 infrastructure for the provision of eligible broadband service:
449+4 (A) to school corporation buildings, as described in section
450+5 9(b)(1) of this chapter;
451+6 (B) to rural health clinics, as described in section 9(b)(2) of
452+7 this chapter;
453+8 (C) so as to ensure that eligible students have access points
454+9 providing a connection to eligible broadband service, as
455+10 described in section 9(b)(3) of this chapter; and
456+11 (D) in rural areas in Indiana, as described in section 9(b)(4) of
457+12 this chapter.
458+13 A report to the interim study committee on energy, utilities, and
459+14 telecommunications under this subsection must be in an electronic
460+15 format under IC 5-14-6.
461+16 (c) Every year, beginning in 2021, the state board of accounts shall
462+17 conduct an audit of the awarding of grants under:
463+18 (1) IC 4-4-38; and
464+19 (2) this chapter;
465+20 as appropriate, during the most recent state fiscal year. A report of an
466+21 audit conducted under this subsection shall be submitted to the interim
467+22 study committee on energy, utilities, and telecommunications
468+23 established by IC 2-5-1.3-4(8) in an electronic format under IC 5-14-6
469+24 not later than September 1 of the calendar year that includes the end of
470+25 the state fiscal year covered by the audit.
471+26 SECTION 12. IC 4-4-38.6-9, AS ADDED BY P.L.86-2024,
472+27 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
473+28 JULY 1, 2025]: Sec. 9. (a) Subject to subsection (b), and to the extent
474+29 not preempted by federal law, the office shall administer the program
475+30 in Indiana in compliance with the following:
476+31 (1) All mandatory provisions set forth in the act with respect to
477+32 the program.
478+33 (2) All mandatory provisions set forth in the BEAD NOFO with
479+34 respect to the program.
480+35 (3) Before awarding a subgrant to an eligible broadband service
481+36 provider a subgrantee during any round of funding under the
482+37 program, the office shall submit to the budget committee for
483+38 review the proposed amount and terms of the subgrant.
484+39 (4) In awarding subgrants for the deployment of a broadband
485+40 network using program funds, the office may not exclude
486+41 cooperatives, nonprofit organizations, public-private partnerships,
487+42 private companies, public or private utilities, public utility
488+EH 1050—LS 6050/DI 112 12
489+1 districts, or local governments from eligibility for those funds, as
490+2 set forth in 47 U.S.C. 1702(h)(1)(A)(iii).
491+3 (b) The final proposal submitted by the office to NTIA must include
492+4 the specifications for the required low cost broadband service option
493+5 that are set forth in the office's initial proposal, as submitted to and
494+6 approved by NTIA.
495+7 SECTION 13. IC 4-4-41-8, AS ADDED BY P.L.89-2021,
496+8 SECTION 11 AND P.L.158-2021, SECTION 2, IS AMENDED TO
497+9 READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) The
498+10 office shall contact broadband Internet providers to solicit the
499+11 providers' registration with the program. The office shall not:
500+12 (1) require a provider to provide any proprietary business
501+13 information to the office for purposes of participating in the
502+14 program; or
503+15 (2) require a provider to participate in the program.
504+16 (b) The office shall create and administer a public broadband portal:
505+17 (1) that is accessible to individuals through the office's Internet
506+18 web site website and through a mailing address designated by the
507+19 office for the purpose of public access to the portal; and
508+20 (2) through which an individual may submit the individual's
509+21 residential or business address to report that minimum broadband
510+22 Internet connectivity is unavailable at the address.
511+23 The public broadband portal created and administered by the office
512+24 under this section must solicit information as to whether one (1) or
513+25 more eligible students reside at an address that is reported by an
514+26 individual under subdivision (2). The office may contract or consult
515+27 with one (1) or more third parties in the creation or administration of
516+28 the public broadband portal required by this section.
517+29 (c) At least every three (3) months, the office shall:
518+30 (1) post addresses, including ZIP codes and any reported
519+31 information as to whether an eligible student resides at an
520+32 address, submitted under subsection (b)(2) to an Internet web site
521+33 a website that is accessible only to registered providers; and
522+34 (2) not less than twenty-four (24) hours after the addresses are
523+35 posted, send notice of the posting to registered providers by
524+36 electronic mail.
525+37 (d) Not later than ten (10) business days after a registered provider
526+38 receives notice of a posting of addresses under subsection (c), the
527+39 registered provider may provide notice to the office of any posted
528+40 address at which the registered provider's minimum broadband Internet
529+41 service is available.
530+42 (e) If the office does not receive notice under subsection (d)
531+EH 1050—LS 6050/DI 112 13
532+1 regarding an address within ten (10) business days after posting the
533+2 address under subsection (c), the office shall, not later than twenty (20)
534+3 business days after the expiration of the ten (10) business day period
535+4 described in subsection (d), transmit to each registered provider a bid
536+5 notification for provision of broadband Internet service at the address.
537+6 (f) A registered provider that receives a bid notification for an
538+7 address under subsection (e) and wishes to submit a bid for provision
539+8 of broadband Internet service to the address must, not later than sixty
540+9 (60) days after receiving the bid notification, send to the office a bid
541+10 that includes:
542+11 (1) a proposal for making a line extension from the provider's
543+12 existing broadband Internet infrastructure to the address;
544+13 (2) an estimate of the state's share of the cost for the line
545+14 extension; and
546+15 (3) a statement of the amount of the cost of the line extension that
547+16 the provider agrees to bear.
548+17 (g) The office shall, not later than thirty (30) business days after the
549+18 close of the sixty (60) day bidding period for an address under
550+19 subsection (f), evaluate the bids received and select the provider whose
551+20 bid presents the lowest cost to the state for extension of the provider's
552+21 broadband Internet infrastructure to the address.
553+22 (h) As used in this section, "eligible student" means a student who
554+23 is:
555+24 (1) a resident of Indiana;
556+25 (2) less than twenty-three (23) years of age; and
557+26 (3) enrolled in a school in Indiana providing any combination of
558+27 kindergarten through grade 12 instruction.
559+28 SECTION 14. IC 4-4-41-10, AS ADDED BY P.L.89-2021,
560+29 SECTION 11 AND P.L.158-2021, SECTION 2, IS AMENDED TO
561+30 READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) Not
562+31 later than November 1 of each year, the office shall:
563+32 (1) issue to the executive director of the legislative services
564+33 agency, for distribution to the members of the general assembly
565+34 convening in November of that year; and
566+35 (2) post to the office's Internet web site; website;
567+36 a report regarding the program.
568+37 (b) The report under subsection (a) must include the following
569+38 information with regard to the immediately preceding calendar year:
570+39 (1) The number of addresses submitted under section 8(b)(2) of
571+40 this chapter:
572+41 (A) in total; and
573+42 (B) categorized by the Indiana legislative district in which the
574+EH 1050—LS 6050/DI 112 14
575+1 address is located.
576+2 (2) The number of grants, and the amount of the grants, awarded
577+3 under this chapter:
578+4 (A) in total; and
579+5 (B) categorized by the Indiana legislative district in which the
580+6 grant was used to extend broadband Internet service.
581+7 (c) The report issued under subsection (a)(1) must be in an
582+8 electronic format under IC 5-14-6.
583+9 SECTION 15. IC 4-4-43-1, AS ADDED BY P.L.158-2021,
584+10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
585+11 JULY 1, 2025]: Sec. 1. (a) The office may maintain a geographic
586+12 information system or similar data base that contains spatial data
587+13 regarding the availability of broadband Internet service in Indiana.
588+14 (b) The office may create and may, subject to subsection (c),
589+15 regularly update the data base using broadband Internet coverage
590+16 information compiled by the Federal Communications Commission.
591+17 (c) Not later than July 1, 2022, the office:
592+18 (1) may evaluate the broadband Internet coverage map created by
593+19 the Federal Communications Commission under the Broadband
594+20 Deployment Accuracy and Technological Availability Act (Public
595+21 Law 116-130); and
596+22 (2) if the office determines that the map provides broadband
597+23 Internet coverage information:
598+24 (A) at a level of detail that allows for determination of
599+25 broadband Internet availability at individual Indiana addresses;
600+26 or
601+27 (B) at a level of detail greater than that of the broadband
602+28 Internet coverage map provided by the office on the office's
603+29 Internet web site; website;
604+30 may use the information to update the broadband Internet
605+31 coverage map provided by the office on the office's Internet web
606+32 site. website.
607+33 (d) If the office determines in the office's evaluation under
608+34 subsection (c) that the map does not provide broadband Internet
609+35 coverage information:
610+36 (1) at a level of detail that allows for determination of broadband
611+37 Internet availability at individual Indiana addresses; or
612+38 (2) at a level of detail greater than that of the broadband Internet
613+39 coverage map provided by the office on the office's Internet web
614+40 site; website;
615+41 the office shall present the office's determination to the interim study
616+42 committee on energy, utilities, and telecommunications during the
617+EH 1050—LS 6050/DI 112 15
618+1 2022 legislative interim.
619+2 SECTION 16. IC 4-5-10-1, AS AMENDED BY P.L.146-2014,
620+3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
621+4 JULY 1, 2025]: Sec. 1. (a) As used in this section, "person" includes:
622+5 (1) an individual engaged in a trade or business; and
623+6 (2) a business entity or association described in IC 23.
624+7 (b) The office of technology established by IC 4-13.1-2-1 and the
625+8 secretary of state shall establish policies and procedures for providing
626+9 electronic and enhanced access under this chapter to create and
627+10 maintain uniform policies and procedures for electronic and enhanced
628+11 access by the public.
629+12 (c) The secretary of state, in collaboration with other state agencies,
630+13 including the department of workforce development and the
631+14 department of state revenue, shall develop and maintain an Internet
632+15 web site a website through which a person is able to submit
633+16 information simultaneously to the secretary of state and other state
634+17 agencies about the person's formation, existence, or other trade,
635+18 business, business entity, or association activities for the purpose of
636+19 complying with the requirements of state law, including requirements
637+20 concerning:
638+21 (1) pre-establishment;
639+22 (2) establishment;
640+23 (3) registration;
641+24 (4) reinstatement;
642+25 (5) licenses or permits;
643+26 (6) filings or reports; and
644+27 (7) transacting payments or refunds.
645+28 The secretary of state shall assign to each business entity registered
646+29 through the Internet web site website a unique business identification
647+30 number. The secretary of state, the department of state revenue, the
648+31 department of workforce development, and other state agencies sharing
649+32 information on the Internet web site website relating to a business
650+33 entity shall use the business entity's unique business identification
651+34 number.
652+35 (d) If the secretary of state requests assistance from a state agency
653+36 in the development and maintenance of the Internet web site website
654+37 described in subsection (c), the state agency, including the department
655+38 of workforce development and the department of state revenue, shall
656+39 furnish the requested assistance. The assistance shall be provided at no
657+40 cost to the secretary of state.
658+41 (e) The secretary of state shall annually, on or before November 1,
659+42 report to the legislative council about the progress of the Internet web
660+EH 1050—LS 6050/DI 112 16
661+1 site website described in subsection (c). The report must be made:
662+2 (1) in an electronic format submitted in accordance with
663+3 IC 5-14-6; and
664+4 (2) in person, if requested by the legislative council.
665+5 SECTION 17. IC 4-6-3-2.5, AS ADDED BY P.L.101-2011,
666+6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
667+7 JULY 1, 2025]: Sec. 2.5. (a) As used in this section, "agency" means
668+8 a state agency or a body corporate and politic.
669+9 (b) An agency may not enter into a contingency fee contract with a
670+10 private attorney unless the agency makes a written determination
671+11 before entering into the contract that contingency fee representation is
672+12 cost effective and in the public interest. The written determination must
673+13 include the specific findings described in subsection (c).
674+14 (c) The written determination described in subsection (b) must
675+15 include a consideration of the following factors:
676+16 (1) Whether the agency has sufficient and appropriate legal and
677+17 financial resources to handle the matter.
678+18 (2) The time and labor required to conduct the litigation.
679+19 (3) The novelty, complexity, and difficulty of the questions
680+20 involved in the litigation.
681+21 (4) The expertise and experience required to perform the attorney
682+22 services properly.
683+23 (5) The geographic area where the attorney services are to be
684+24 provided.
685+25 (d) If the agency makes the determination described in subsection
686+26 (b), the attorney general shall request proposals from private attorneys
687+27 wishing to provide services on a contingency fee basis, unless the
688+28 agency determines in writing that requesting proposals is not feasible
689+29 under the circumstances.
690+30 (e) After the agency has made the determination in subsection (b)
691+31 and selected a private attorney, but before the agency and the attorney
692+32 enter into a contract to provide services on a contingency fee basis, the
693+33 inspector general shall make a determination in writing that entering
694+34 into the contract would not violate the code of ethics or violate any
695+35 statute or agency rule concerning conflict of interest. An agency may
696+36 not enter into a contingency fee contract with a private attorney unless
697+37 the inspector general has made a written determination under this
698+38 subsection.
699+39 (f) A private attorney who enters into a contingency fee contract
700+40 with the agency shall maintain detailed contemporaneous time records
701+41 for the attorneys and paralegals working on the matter in increments of
702+42 not greater than one-tenth (1/10) of an hour and shall, upon request,
703+EH 1050—LS 6050/DI 112 17
704+1 promptly provide these records to the attorney general.
705+2 (g) The agency may not enter into a contingency fee contract that
706+3 provides for the private attorney to receive an aggregate contingency
707+4 fee that exceeds the sum of the following:
708+5 (1) Twenty-five percent (25%) of any recovery that exceeds two
709+6 million dollars ($2,000,000) and that is not more than ten million
710+7 dollars ($10,000,000).
711+8 (2) Twenty percent (20%) of any part of a recovery of more than
712+9 ten million dollars ($10,000,000) and not more than fifteen
713+10 million dollars ($15,000,000).
714+11 (3) Fifteen percent (15%) of any part of a recovery of more than
715+12 fifteen million dollars ($15,000,000) and not more than twenty
716+13 million dollars ($20,000,000).
717+14 (4) Ten percent (10%) of any part of a recovery of more than
718+15 twenty million dollars ($20,000,000) and not more than
719+16 twenty-five million dollars ($25,000,000).
720+17 (5) Five percent (5%) of any part of a recovery of more than
721+18 twenty-five million dollars ($25,000,000).
722+19 An aggregate contingency fee may not exceed fifty million dollars
723+20 ($50,000,000), excluding reasonable costs and expenses, regardless of
724+21 the number of lawsuits filed or the number of private attorneys retained
725+22 to achieve the recovery.
726+23 (h) Copies of any executed contingency fee contract, the inspector
727+24 general's written determination, and the agency's written determination
728+25 to enter into a contingency fee contract with the private attorney shall
729+26 be provided to the attorney general and, unless the attorney general
730+27 determines that disclosing the contingency fee contract while the action
731+28 is pending is not in the best interests of the state, the contract shall be
732+29 posted on the attorney general's web site website for public inspection
733+30 not later than five (5) business days after the date the contract is
734+31 executed and must remain posted on the web site website for the
735+32 duration of the contingency fee contract, including any extensions to
736+33 the original contract. Any payment of contingency fees shall be posted
737+34 on the attorney general's web site website not later than fifteen (15)
738+35 days after the payment of the contingency fees to the private attorney,
739+36 and must remain posted on the web site website for at least one (1)
740+37 year. If the attorney general determines that disclosing the contingency
741+38 fee contract is not in the best interests of the state under this subsection,
742+39 the contract shall be posted on the attorney general's web site website
743+40 not later than fifteen (15) days after the action is concluded.
744+41 (i) Every agency that has hired or employed a private attorney on a
745+42 contingency fee basis in the calendar year shall submit a report
746+EH 1050—LS 6050/DI 112 18
747+1 describing the use of contingency fee contracts with private attorneys
748+2 to the attorney general before October 1 of each year. The report must
749+3 include the following:
750+4 (1) A description of all new contingency fee contracts entered into
751+5 during the year and all previously executed contingency fee
752+6 contracts that remain current during any part of the year. The
753+7 report must include, for each contract:
754+8 (A) the name of the private attorney with whom the
755+9 department has contracted, including the name of the
756+10 attorney's law firm;
757+11 (B) the nature and status of the legal matter;
758+12 (C) the name of the parties to the legal matter;
759+13 (D) the amount of any recovery; and
760+14 (E) the amount of any contingency fee paid.
761+15 (2) A copy of all written determinations made under this section
762+16 during the year.
763+17 The attorney general shall compile the reports and submit a
764+18 comprehensive report to the legislative council before November 1 of
765+19 each year. The report must be in an electronic format under IC 5-14-6.
766+20 SECTION 18. IC 4-12-1-21, AS ADDED BY P.L.87-2022,
767+21 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
768+22 JULY 1, 2025]: Sec. 21. (a) To ensure transparency in state
769+23 government, on or before June 30, 2022, and on or before June 30 of
770+24 each year thereafter, all state agencies shall submit to the budget
771+25 agency a report of each individual state employee employed by the
772+26 state agency whose salary is funded in whole or in part from donated
773+27 money.
774+28 (b) If the donation of money is to the secretary of state, the report
775+29 shall specify whether the money was or will be distributed to political
776+30 subdivisions for preparing, administering, or conducting elections, and,
777+31 if so, the specific types of uses for which the donated money will be
778+32 used by those political subdivisions.
779+33 (c) On or before December 1, 2022, and on or before December 1
780+34 of each year thereafter, the budget agency shall annually submit to the
781+35 budget committee a report of the information submitted under
782+36 subsections (a) and (b) that specifies and identifies each individual
783+37 state employee whose salary is funded in whole or in part from donated
784+38 money.
785+39 (d) Before January 31, 2023, and before January 31 of each year
786+40 thereafter, the report submitted under subsection (c) in the preceding
787+41 year shall be posted and made available on the Indiana transparency
788+42 Internet web site website established under IC 5-14-3.5-2.
789+EH 1050—LS 6050/DI 112 19
790+1 SECTION 19. IC 4-13-16.5-3.5, AS ADDED BY P.L.15-2020,
791+2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
792+3 JULY 1, 2025]: Sec. 3.5. (a) The department shall adopt rules under
793+4 IC 4-22-2 to do the following:
794+5 (1) Increase contracting opportunities for Indiana veteran owned
795+6 small businesses described in section 1.5 of this chapter with a
796+7 goal to procure in each state fiscal year at least three percent (3%)
797+8 of state contracts with Indiana veteran owned small businesses.
798+9 (2) Develop procurement policies and procedures to accomplish
799+10 the goal described in subdivision (1), including guidelines to be
800+11 followed by the department in conducting the department's
801+12 procurement efforts.
802+13 (3) Implement section 1.5 of this chapter.
803+14 These procurement policies do not apply to a procurement of supplies
804+15 and services to address immediate and serious government needs at a
805+16 time of emergency, including a threat to the public health, welfare, or
806+17 safety that may arise by reason of floods, epidemics, riots, acts of
807+18 terrorism, major power failures, a threat proclaimed by the President of
808+19 the United States or the governor, or a threat declared by the
809+20 commissioner.
810+21 (b) The department shall annually evaluate its progress in meeting
811+22 the goal described in this section for the previous state fiscal year. After
812+23 June 30 and before November 1 of each year, the department shall
813+24 submit a report to the governor, the Indiana department of veterans'
814+25 affairs, and the interim study committee on public safety and military
815+26 affairs established by IC 2-5-1.3-4 and the legislative council in an
816+27 electronic format under IC 5-14-6. The report must include:
817+28 (1) the percentage goal obtained by the department during the
818+29 previous state fiscal year; and
819+30 (2) a summary of why the department failed to meet the goal and
820+31 what actions are being taken by the department to meet the goal
821+32 in the current state fiscal year.
822+33 (c) The department shall post the report described in subsection (b)
823+34 on the department's Internet web site website not later than thirty (30)
824+35 days after the report is submitted. The Indiana department of veterans'
825+36 affairs shall post the report described in subsection (b) on the
826+37 department's Internet web site website not later than thirty (30) days
827+38 after the report is submitted by the department.
828+39 SECTION 20. IC 4-13-19-10, AS AMENDED BY P.L.13-2013,
829+40 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
830+41 JULY 1, 2025]: Sec. 10. (a) The office of the department of child
831+42 services ombudsman shall prepare a report each year on the operations
832+EH 1050—LS 6050/DI 112 20
833+1 of the office.
834+2 (b) The office of the department of child services ombudsman shall
835+3 include the following information in the annual report required under
836+4 subsection (a):
837+5 (1) The office of the department of child services ombudsman's
838+6 activities.
839+7 (2) The general status of children in Indiana, including:
840+8 (A) the health and education of children; and
841+9 (B) the administration or implementation of programs for
842+10 children.
843+11 (3) Any other issues, concerns, or information concerning
844+12 children.
845+13 (c) A copy of the report shall be provided to the following:
846+14 (1) The governor.
847+15 (2) The legislative council.
848+16 (3) The Indiana department of administration.
849+17 (4) The department of child services.
850+18 A report provided under this subsection to the legislative council must
851+19 be in an electronic format under IC 5-14-6.
852+20 (d) A copy of the report shall be posted on the department of child
853+21 services' Internet web site website and on any Internet web site website
854+22 maintained by the office of the department of child services
855+23 ombudsman.
856+24 SECTION 21. IC 4-13.1-1-1.5, AS ADDED BY P.L.134-2021,
857+25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
858+26 JULY 1, 2025]: Sec. 1.5. (a) "Cybersecurity incident" means a
859+27 malicious or suspicious occurrence that consists of one (1) or more of
860+28 the categories of attack vectors described in subsection (b) and defined
861+29 on the office's Internet web site website that:
862+30 (1) jeopardizes or may potentially jeopardize the confidentiality,
863+31 integrity, or availability of an information system, an operational
864+32 system, or the information that such systems process, store, or
865+33 transmit;
866+34 (2) jeopardizes or may potentially jeopardize the health and safety
867+35 of the public; or
868+36 (3) violates security policies, security procedures, or acceptable
869+37 use policies.
870+38 (b) A cybersecurity incident may consist of one (1) or more of the
871+39 following categories of attack vectors:
872+40 (1) Ransomware.
873+41 (2) Business email electronic mail compromise.
874+42 (3) Vulnerability exploitation.
875+EH 1050—LS 6050/DI 112 21
876+1 (4) Zero-day exploitation.
877+2 (5) Distributed denial of service.
878+3 (6) Web site Website defacement.
879+4 (7) Other sophisticated attacks as defined by the chief information
880+5 officer and that are posted on the office's Internet web site.
881+6 website.
882+7 SECTION 22. IC 4-21.5-3-8.5, AS AMENDED BY P.L.205-2019,
883+8 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
884+9 JULY 1, 2025]: Sec. 8.5. (a) After June 30, 2020, this section does not
885+10 apply to an agency that is subject to the jurisdiction of the office of
886+11 administrative law proceedings.
887+12 (b) An agency may share an administrative law judge with another
888+13 agency:
889+14 (1) to avoid bias, prejudice, interest in the outcome, or another
890+15 conflict of interest;
891+16 (2) if a party requests a change of administrative law judge;
892+17 (3) to ease scheduling difficulties; or
893+18 (4) for another good cause.
894+19 An agency may adopt rules under IC 4-22-2 to implement this
895+20 subsection.
896+21 (c) To the extent practicable, an administrative law judge must have
897+22 expertise in the area of law being adjudicated.
898+23 (d) An agency shall post on the agency's Internet web site website
899+24 the:
900+25 (1) name;
901+26 (2) salary and other remuneration; and
902+27 (3) relevant professional experience;
903+28 of every person who serves as an administrative law judge for the
904+29 agency.
905+30 SECTION 23. IC 4-22-2-19.7, AS ADDED BY P.L.152-2012,
906+31 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
907+32 JULY 1, 2025]: Sec. 19.7. An agency, to the extent feasible and
908+33 permitted by law, shall afford the public a meaningful opportunity to
909+34 comment on proposed rules through the agency's Internet web site.
910+35 website. An agency shall consider providing a comment period that
911+36 exceeds the minimum required by law.
912+37 SECTION 24. IC 4-22-2-22.8, AS AMENDED BY P.L.93-2024,
913+38 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
914+39 JULY 1, 2025]: Sec. 22.8. (a) After conducting a regulatory analysis
915+40 under section 22.7 of this chapter, if an agency elects to adopt a rule
916+41 subject to section 23 of this chapter or IC 13-14-9, the agency shall
917+42 submit a request to the budget agency and the office of management
918+EH 1050—LS 6050/DI 112 22
919+1 and budget to authorize commencement of the public comment periods
920+2 under this chapter or IC 13-14-9 (as applicable). The request must
921+3 include the following:
922+4 (1) A general description of the subject matter of the proposed
923+5 rule.
924+6 (2) The full text of the proposed rule (including a copy of any
925+7 matter incorporated by reference under section 21 of this chapter)
926+8 in the form required by the publisher, including citations to any
927+9 related authorizing and affected Indiana statutes.
928+10 (3) The regulatory analysis, including supporting data, prepared
929+11 under section 22.7 of this chapter.
930+12 (4) Any other information required by the office of management
931+13 and budget.
932+14 (b) The budget agency and the office of management and budget
933+15 shall expedite the review of the request to adopt a rule. The budget
934+16 agency and the office of management and budget may do the following:
935+17 (1) Return the request to the agency with a statement describing
936+18 any additional information needed to authorize or disapprove
937+19 further rulemaking actions on one (1) or more of the rules in the
938+20 request.
939+21 (2) Authorize the commencement of the public comment periods
940+22 on one (1) or more of the rules in the request with or without
941+23 changes.
942+24 (3) Disapprove commencement of the public comment periods on
943+25 one (1) or more of the rules with a statement of reasons for the
944+26 disapproval.
945+27 (c) If an agency has requested authorization for more than one (1)
946+28 rule in the same request, the budget agency and the office of
947+29 management and budget may make separate determinations with
948+30 respect to some or all of the rules in the request. Approval of a request
949+31 shall be treated as a determination that the review conducted and
950+32 findings made by the agency comply with the requirements of section
951+33 22.7 of this chapter and this section. The budget agency and the office
952+34 of management and budget may not approve any part of a proposed
953+35 rule that adds or amends language to increase or expand application of
954+36 a fee, fine, or civil penalty or a schedule of fees, fines, or civil penalties
955+37 before submitting the proposed rule to the budget committee for
956+38 review.
957+39 (d) If the implementation and compliance costs of a proposed rule
958+40 are expected to exceed the threshold set forth in section 22.7(c)(6) of
959+41 this chapter, the office of management and budget shall submit the rule
960+42 to the legislative council, in an electronic format under IC 5-14-6,
961+EH 1050—LS 6050/DI 112 23
962+1 within thirty (30) days of completing the review of the regulatory
963+2 analysis. The chairperson of the legislative council shall inform
964+3 members of the budget committee of a rule submitted under this
965+4 subsection. The budget agency and the office of management and
966+5 budget may not approve any part of a proposed rule covered by this
967+6 subsection prior to review of the proposed rule by the budget
968+7 committee.
969+8 (e) Notice of the determination shall be provided to the agency in an
970+9 electronic format required by the publisher. The budget agency and the
971+10 office of management and budget may return to the agency any copy of
972+11 a matter incorporated by reference under section 21 of this chapter that
973+12 was submitted with the request.
974+13 (f) If an agency revises a proposed rule after the budget agency and
975+14 the office of management and budget authorize commencement of the
976+15 public comment periods, the agency must obtain a new notice of
977+16 determination under subsection (e). The agency shall resubmit to the
978+17 budget agency and the office of management and budget the revised
979+18 proposed rule and a revised regulatory analysis with sufficient
980+19 information for the budget agency and the office of management and
981+20 budget to determine the impact the revisions have on the regulatory
982+21 analysis previously reviewed by the budget agency and the office of
983+22 management and budget. After obtaining a new notice of
984+23 determination, the agency shall submit to the publisher the new notice
985+24 of determination, the revised proposed rule, and the revised regulatory
986+25 analysis.
987+26 SECTION 25. IC 4-23-24.1-4, AS AMENDED BY P.L.42-2024,
988+27 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
989+28 JULY 1, 2025]: Sec. 4. (a) The governor shall annually designate one
990+29 (1) of the members appointed under section 3(1) 3(a)(1) of this chapter
991+30 as chairperson of the commission.
992+31 (b) Members of the commission appointed under subsection 3(1)
993+32 section 3(a)(1) of this chapter serve a four (4) year term. Each term
994+33 expires as follows:
995+34 (1) For a member appointed from an odd-numbered congressional
996+35 district, December 31, 2025, and each fourth year thereafter.
997+36 (2) For a member appointed from an even-numbered
998+37 congressional district, December 31, 2027, and each fourth year
999+38 thereafter.
1000+39 (c) A member appointed under section 3(1) 3(a)(1) of this chapter
1001+40 may be reappointed for successive terms.
1002+41 (d) The governor shall fill a vacancy among the members appointed
1003+42 under section 3(1) 3(a)(1) of this chapter. A member appointed under
1004+EH 1050—LS 6050/DI 112 24
1005+1 this subsection serves until the end of the unexpired term of the
1006+2 vacating member of the commission.
1007+3 SECTION 26. IC 4-31-3-8, AS AMENDED BY P.L.256-2015,
1008+4 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1009+5 JULY 1, 2025]: Sec. 8. The commission shall:
1010+6 (1) prescribe the rules and conditions under which horse racing at
1011+7 a recognized meeting may be conducted;
1012+8 (2) initiate safeguards as necessary to account for the amount of
1013+9 money wagered at each track or satellite facility in each wagering
1014+10 pool;
1015+11 (3) require all permit holders to provide a photographic or
1016+12 videotape recording, approved by the commission, of the entire
1017+13 running of all races conducted by the permit holder;
1018+14 (4) make annual reports concerning:
1019+15 (A) the promotional actions taken and promotional initiatives
1020+16 established by the commission to promote the Indiana horse
1021+17 racing industry, including:
1022+18 (i) a listing of the commission's promotional actions and
1023+19 promotional initiatives; and
1024+20 (ii) an accounting of the money spent on each promotional
1025+21 action and promotional initiative;
1026+22 (B) the competitive status of the Indiana horse racing industry
1027+23 as compared to the horse racing industries of other states and
1028+24 measured by purse, handle, and any other factors determined
1029+25 by the commission;
1030+26 (C) the commission's operations; and
1031+27 (D) the commission's recommendations;
1032+28 to the governor and, in an electronic format under IC 5-14-6, to
1033+29 the general assembly;
1034+30 (5) carry out the provisions of IC 15-19-2, after considering
1035+31 recommendations received from the Indiana standardbred
1036+32 advisory board under IC 15-19-2;
1037+33 (6) develop internal procedures for accepting, recording,
1038+34 investigating, and resolving complaints from licensees and the
1039+35 general public;
1040+36 (7) promote the Indiana horse racing industry, including its
1041+37 simulcast product; and
1042+38 (8) annually post the following information on the commission's
1043+39 Internet web site: website:
1044+40 (A) A summary of the disciplinary actions taken by the
1045+41 commission in the preceding calendar year.
1046+42 (B) A summary of the complaints received and resolved in the
1047+EH 1050—LS 6050/DI 112 25
1048+1 preceding calendar year.
1049+2 SECTION 27. IC 4-31-5-2 IS AMENDED TO READ AS
1050+3 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) An application
1051+4 for renewal of an existing recognized meeting permit must be filed with
1052+5 the commission no later than November 1 of the year preceding the
1053+6 year in which the horse racing meeting is to be conducted. The timing
1054+7 for filing an initial application for a recognized meeting permit shall be
1055+8 established by the rules of the commission.
1056+9 (b) The commission shall prescribe the forms to be used in making
1057+10 an application under this section. The application must include the
1058+11 following:
1059+12 (1) The full name of the person making the application.
1060+13 (2) If the applicant is an association, the names and addresses of
1061+14 the members of the association.
1062+15 (3) If the applicant is a corporation, the name of the state in which
1063+16 it is incorporated, the location of its principal place of business,
1064+17 and the names and addresses of its directors and stockholders.
1065+18 (4) If the applicant is a trust, the location of its principal place of
1066+19 business and the names and addresses of its trustees and
1067+20 beneficiaries.
1068+21 (5) If the applicant is a partnership, the names and addresses of
1069+22 the partners.
1070+23 (6) If the applicant is a limited partnership, the names, addresses,
1071+24 and percentages of ownership of each general partner and each
1072+25 limited partner.
1073+26 (7) If the applicant is a limited liability company, the name of the
1074+27 state where it is organized, the location of its principal place of
1075+28 business, and the names and addresses of the managers and
1076+29 members.
1077+30 (8) The dates on which the applicant intends to conduct horse
1078+31 racing meetings, which must be successive days (including
1079+32 Sundays) unless otherwise authorized by the commission. The
1080+33 applicant may submit a written statement setting forth the reasons
1081+34 certain dates are sought.
1082+35 (9) The proposed hours of each racing day.
1083+36 (10) The location of the place, track, or enclosure where the
1084+37 applicant proposes to conduct horse racing meetings.
1085+38 (11) A statement of whether the racing plant is owned or leased
1086+39 by the applicant.
1087+40 (12) A statement of whether the racing plant will include a
1088+41 facility, either physically connected to the clubhouse or in close
1089+42 proximity, that will:
1090+EH 1050—LS 6050/DI 112 26
1091+1 (A) display for public inspection trophies, memorabilia, and
1092+2 instructional material depicting the history of horse racing; and
1093+3 (B) be made available as a repository for the collections of the
1094+4 Indiana Harness Horse Hall of Fame.
1095+5 (13) Any other information that the commission requires.
1096+6 (c) An application under this section must be signed and verified as
1097+7 follows:
1098+8 (1) An application by an individual must be signed and verified
1099+9 under oath by that individual.
1100+10 (2) An application by two (2) or more individuals or by a
1101+11 partnership must be signed and verified under oath by one (1) of
1102+12 those individuals or by a member of the partnership.
1103+13 (3) An application by an association, a trust, or a corporation must
1104+14 be:
1105+15 (A) signed by its president and vice president;
1106+16 (B) attested by its secretary; and
1107+17 (C) verified under oath.
1108+18 (4) An application by a limited liability company must be signed
1109+19 and verified under oath by two (2) managers or members of the
1110+20 limited liability company.
1111+21 (d) At the time an application is filed, the applicant must:
1112+22 (1) pay a permit fee and an investigation fee for an initial permit
1113+23 application as required by the rules of the commission;
1114+24 (2) file a cash bond, certified check, or bank draft in the manner
1115+25 provided by section 4 of this chapter (repealed); and
1116+26 (3) file a copy of an ordinance adopted under IC 4-31-4.
1117+27 SECTION 28. IC 4-33-6.7-1, AS ADDED BY P.L.293-2019,
1118+28 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1119+29 JULY 1, 2025]: Sec. 1. If a licensed owner submits a request to relocate
1120+30 gaming operations under IC 4-33-6-4.5, the commission shall begin
1121+31 accepting applications and proposals for awarding a license to operate
1122+32 an inland casino in Vigo County. The commission shall publish
1123+33 deadlines for submitting an application and proposal under this chapter
1124+34 on its Internet web site. website. An application and proposal must
1125+35 comply with the provisions of IC 4-33-6-2 and include any additional
1126+36 information required by the commission. The commission shall
1127+37 prescribe the form of the application and proposal for permission to
1128+38 operate an inland casino under this chapter.
1129+39 SECTION 29. IC 4-33-23-10, AS AMENDED BY P.L.229-2013,
1130+40 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1131+41 JULY 1, 2025]: Sec. 10. (a) A development provider shall report
1132+42 annually to the commission the following:
1133+EH 1050—LS 6050/DI 112 27
1134+1 (1) The total dollar amounts of economic development payments.
1135+2 (2) The parties or specified recipients, or both, that receive
1136+3 economic development payments. and
1137+4 (3) Any other items related to an economic development payment
1138+5 that the commission may require.
1139+6 (b) A specified recipient of an economic development payment shall
1140+7 report annually to the commission an accounting of:
1141+8 (1) any economic development payment received by the recipient;
1142+9 and
1143+10 (2) any disbursements of economic development payment money
1144+11 that the recipient makes to:
1145+12 (A) another specified recipient; or
1146+13 (B) an unspecified recipient.
1147+14 (c) A report submitted under subsection (b) must include:
1148+15 (1) the legal name of the person submitting the report;
1149+16 (2) the date, amount, and purpose of each disbursement;
1150+17 (3) the name of each specified or unspecified recipient receiving
1151+18 a disbursement; and
1152+19 (4) any other information that the commission may require.
1153+20 (d) Upon request of the commission, a person submitting a report
1154+21 under subsection (a) or (b) shall attach to the report sufficient
1155+22 documentation to support a transaction described in the report.
1156+23 (e) A report submitted under subsection (a) or (b) must be submitted
1157+24 to the department of local government finance and made available
1158+25 electronically through the Indiana transparency Internet web site
1159+26 website established under IC 5-14-3.7.
1160+27 (f) The commission may require, with respect to a report required
1161+28 by this section:
1162+29 (1) the format of the report;
1163+30 (2) the deadline by which the report must be filed; and
1164+31 (3) the manner in which the report must be maintained and filed.
1165+32 SECTION 30. IC 4-33-23-17, AS ADDED BY P.L.229-2013,
1166+33 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1167+34 JULY 1, 2025]: Sec. 17. (a) Any political subdivision receiving an
1168+35 economic development payment shall annually report the following
1169+36 information to the department of local government finance:
1170+37 (1) The total amount of economic development payments received
1171+38 in the previous state fiscal year.
1172+39 (2) The balance of the fund in which the political subdivision
1173+40 deposited the economic development payments under section 13
1174+41 of this chapter as of the end of the previous state fiscal year.
1175+42 (b) A political subdivision shall submit the report required by
1176+EH 1050—LS 6050/DI 112 28
1177+1 subsection (a) to the department of local government finance before
1178+2 October 1 of each year.
1179+3 (c) The department of local government finance shall make the
1180+4 report available electronically through the Indiana transparency
1181+5 Internet web site website established under IC 5-14-3.7.
1182+6 SECTION 31. IC 4-33-24-14, AS ADDED BY P.L.212-2016,
1183+7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1184+8 JULY 1, 2025]: Sec. 14. A game operator may:
1185+9 (1) conduct one (1) or more paid fantasy sports games through an
1186+10 Internet web site a website maintained and operated by the game
1187+11 operator; or
1188+12 (2) contract with a licensee to conduct one (1) or more paid
1189+13 fantasy sports games on the premises of a licensed facility.
1190+14 SECTION 32. IC 4-37-7-8, AS AMENDED BY P.L.167-2020,
1191+15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1192+16 JULY 1, 2025]: Sec. 8. (a) The chief executive officer of the
1193+17 corporation may enter into a memorandum of understanding with one
1194+18 (1) or more nonprofit organizations that are recognized supporters of
1195+19 a specific state historic site and are exempt from taxation under Section
1196+20 501(c)(3) of the Internal Revenue Code. The memorandum of
1197+21 understanding may provide that the nonprofit organization or
1198+22 organizations may maintain a gift shop and offer special events at the
1199+23 state historic site.
1200+24 (b) A memorandum of understanding entered into under this section
1201+25 may not do any of the following to restrict the fundraising activities of
1202+26 an organization described in subsection (a):
1203+27 (1) Require the organization to deposit into the fund the proceeds
1204+28 of a fundraising activity approved by the chief executive officer.
1205+29 (2) Require the organization to send money donated to the
1206+30 organization to the corporation.
1207+31 (3) Require the approval of the chief executive officer, or the
1208+32 chief executive officer's designee, before the organization pursues
1209+33 general donations from individuals and other entities.
1210+34 (4) Restrict, regulate, or limit the ability of the organization to
1211+35 hold offsite fundraising programs or activities.
1212+36 (5) Restrict, regulate, or limit the ability of the organization to
1213+37 promote or advertise any onsite or offsite fundraising programs or
1214+38 activities on social media, via electronic mail, on an Internet web
1215+39 site, a website, or by any other means.
1216+40 (c) A memorandum of understanding entered into under this section
1217+41 may not do any of the following:
1218+42 (1) Require the organization to be any type of supporting
1219+EH 1050—LS 6050/DI 112 29
1220+1 organization (as the term is used in the Internal Revenue Code).
1221+2 (2) Require a representative of the corporation to be a voting or
1222+3 nonvoting member of the organization's board of directors.
1223+4 (3) Require the organization to submit to the corporation any
1224+5 organization documents, correspondence, electronic mail, or other
1225+6 data that are not required to be submitted by the Internal Revenue
1226+7 Service.
1227+8 (4) Require the organization to submit an audit of the
1228+9 organization's funds.
1229+10 (5) Restrict, regulate, or otherwise limit the ability of the
1230+11 organization to promote any onsite or offsite activities.
1231+12 (6) Allow the corporation to take a nonprofit organization's real
1232+13 or financial assets.
1233+14 (7) Require the organization to pay any rental or other fee to
1234+15 support an event at a state historic site that is sponsored by the
1235+16 organization or the corporation.
1236+17 (d) The corporation shall return to the organization any funds raised
1237+18 by the organization and donated to the corporation that:
1238+19 (1) are designated as donor restricted funds for a specific use in
1239+20 a historic site project; and
1240+21 (2) are not used for the donor's specified use in the historic site
1241+22 project;
1242+23 upon the completion of the historic site project.
1243+24 SECTION 33. IC 5-1.2-11.5-10, AS ADDED BY P.L.18-2022,
1244+25 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1245+26 JULY 1, 2025]: Sec. 10. (a) As used in this section, "program" refers
1246+27 to the drinking water and wastewater infrastructure research and
1247+28 extension program authorized by subsection (c).
1248+29 (b) As used in this section, "utility" means any of the following that
1249+30 provides drinking water, wastewater, or storm water service in Indiana:
1250+31 (1) A public utility (as defined in IC 8-1-2-1(a)).
1251+32 (2) A municipally owned utility (as defined in IC 8-1-2-1(h)).
1252+33 (3) A not-for-profit utility (as defined in IC 8-1-2-125(a)).
1253+34 (4) A cooperatively owned corporation.
1254+35 (5) A conservancy district established under IC 14-33.
1255+36 (6) A regional sewer district established under IC 13-26.
1256+37 (7) A department of storm water management under IC 8-1.5-5.
1257+38 (c) A drinking water and wastewater infrastructure research and
1258+39 extension program may be established to provide data collection and
1259+40 information, training, and technical assistance concerning:
1260+41 (1) drinking water infrastructure;
1261+42 (2) wastewater infrastructure; and
1262+EH 1050—LS 6050/DI 112 30
1263+1 (3) storm water infrastructure;
1264+2 in Indiana, including assistance with infrastructure and system design,
1265+3 construction, operation, maintenance, financial management, and
1266+4 administration.
1267+5 (d) The authority may contract with a state supported college or
1268+6 university in Indiana to provide the program. The program:
1269+7 (1) must be overseen by a director and include such staff as
1270+8 mutually agreed upon by the authority and the college or
1271+9 university; and
1272+10 (2) may be housed within, or share staff with, the research and
1273+11 highway extension program established by IC 8-17-7, as may be
1274+12 mutually agreed upon by the authority and the college or
1275+13 university.
1276+14 The authority may financially support the program from existing funds
1277+15 appropriated to the authority.
1278+16 (e) The program may provide the following services and programs
1279+17 to, or for the benefit of, utilities that provide drinking water,
1280+18 wastewater, or storm water service in Indiana:
1281+19 (1) Assisting utilities in the development of asset management
1282+20 programs by:
1283+21 (A) providing educational and technical assistance concerning
1284+22 the principles, benefits, requirements, and implementation of
1285+23 a successful asset management program; and
1286+24 (B) reviewing the asset management programs of utilities and
1287+25 offering advice in cases in which information or essential
1288+26 components may be missing or lacking.
1289+27 (2) Serving as a central repository for data concerning the location
1290+28 and condition of, and populations served by, drinking water
1291+29 infrastructure, wastewater infrastructure, and storm water
1292+30 infrastructure throughout Indiana, by:
1293+31 (A) collecting:
1294+32 (i) data from utilities, local units, and state agencies; or
1295+33 (ii) field data;
1296+34 (B) compiling and organizing the data collected; and
1297+35 (C) subject to subsection (g), making the data available in an
1298+36 electronic format specified by the authority on an Internet web
1299+37 site a website maintained by:
1300+38 (i) the authority; or
1301+39 (ii) the program.
1302+40 (3) Providing training and technical assistance to utilities by:
1303+41 (A) offering, participating in, or sponsoring statewide or local
1304+42 conferences and workshops on topics related to the design,
1305+EH 1050—LS 6050/DI 112 31
1306+1 construction, operation, maintenance, and administration of
1307+2 utilities' infrastructure and systems; and
1308+3 (B) making available or providing information on professional
1309+4 development opportunities for Indiana's drinking water,
1310+5 wastewater, and storm water utility industry workforces.
1311+6 (f) Subject to subsection (g), not later than July 1, 2023, the
1312+7 authority shall make information concerning all:
1313+8 (1) utility asset management programs; and
1314+9 (2) utility asset lifecycle management costs;
1315+10 submitted to or reviewed by the authority under this article available in
1316+11 an electronic format specified by the authority on an Internet web site
1317+12 a website maintained by the authority or the program.
1318+13 (g) In carrying out the duties set forth in subsections (e)(2) and (f),
1319+14 the authority and, if applicable, the program shall use any data the
1320+15 authority or the program acquires in a manner that:
1321+16 (1) protects the confidential information of individual utilities and
1322+17 customers; and
1323+18 (2) is consistent with IC 5-14-3-4.
1324+19 SECTION 34. IC 5-2-1-12.5, AS AMENDED BY P.L.12-2021,
1325+20 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1326+21 JULY 1, 2025]: Sec. 12.5. (a) The board may revoke, suspend, modify,
1327+22 or restrict a diploma, certificate, or document showing compliance and
1328+23 qualification issued by the board, or any authority to act as a law
1329+24 enforcement officer in the state, for any of the following reasons:
1330+25 (1) The officer has been convicted of:
1331+26 (A) a felony; or
1332+27 (B) a misdemeanor that would cause a reasonable person to
1333+28 believe that the officer:
1334+29 (i) is dangerous or violent; or
1335+30 (ii) has a demonstrated propensity to violate the law.
1336+31 (2) The officer has been found not guilty of a felony by reason of
1337+32 mental disease or defect.
1338+33 (3) The officer's diploma, certificate, or document showing
1339+34 compliance and qualification issued by the board, or by another
1340+35 person, was issued in error or was issued on the basis of
1341+36 information later determined to be false.
1342+37 (4) The officer has engaged in conduct that would be a criminal
1343+38 offense described in subdivision (1)(A) through (1)(B), even if the
1344+39 officer was not charged with the criminal offense.
1345+40 (b) If, after affording the law enforcement officer all due process
1346+41 rights, the chief executive officer or the hiring or appointing authority
1347+42 disciplines a law enforcement officer for a violation described in
1348+EH 1050—LS 6050/DI 112 32
1349+1 subsection (a), the chief executive officer or hiring or appointing
1350+2 authority shall report the discipline to the executive director to
1351+3 determine whether proceedings under this section are warranted. The
1352+4 chief executive officer or the hiring or appointing authority shall report
1353+5 the discipline within thirty (30) days of the imposition of the discipline.
1354+6 (c) If a law enforcement officer resigns or retires from the
1355+7 department or agency before a finding and order has been issued
1356+8 concerning a violation of subsection (a), the chief executive officer or
1357+9 the hiring or appointing authority shall report the resignation to the
1358+10 executive director to determine whether proceedings under this section
1359+11 are warranted. A report under this subsection must be made within
1360+12 thirty (30) days of the resignation or retirement of the law enforcement
1361+13 officer.
1362+14 (d) A person who knows of cause for the revocation of an officer's
1363+15 diploma, certificate, or document showing compliance and
1364+16 qualification shall inform the officer's hiring or appointing authority or
1365+17 the executive director. A person who makes a good faith report of
1366+18 cause for revocation of an officer's diploma, certificate, or document
1367+19 showing compliance and qualification is immune from civil liability.
1368+20 (e) If the chief executive officer or hiring or appointing authority
1369+21 receives a report of cause for revocation concerning an officer within
1370+22 the chief executive officer's agency, the chief executive officer shall:
1371+23 (1) cause the internal affairs division (or a similar unit) of the
1372+24 agency to investigate the report without unnecessary delay; or
1373+25 (2) request that the investigation be conducted by a law
1374+26 enforcement agency other than the law enforcement agency to
1375+27 which the subject of the investigation belongs.
1376+28 The chief executive officer or hiring or appointing authority shall report
1377+29 any finding and order for discipline for a cause described in subsection
1378+30 (a) to the executive director.
1379+31 (f) If a hiring or appointing authority receives a report of cause for
1380+32 revocation concerning the chief executive officer, the hiring or
1381+33 appointing authority shall cause an appropriate investigative agency to
1382+34 investigate without unnecessary delay.
1383+35 (g) If the executive director receives a report or otherwise learns of
1384+36 cause for revocation concerning a law enforcement officer or chief
1385+37 executive officer, the board shall consider the report and direct the
1386+38 subject officer's chief executive officer or hiring or appointing authority
1387+39 to conduct an investigation. The chief executive officer or hiring or
1388+40 appointing authority shall cause an investigation to be conducted by an
1389+41 appropriate investigative agency without unnecessary delay.
1390+42 (h) When a chief executive officer or hiring or appointing authority
1391+EH 1050—LS 6050/DI 112 33
1392+1 completes an investigation of cause for revocation, the chief executive
1393+2 officer or hiring or appointing authority shall forward a complete report
1394+3 of its investigation, findings, and recommendations, if any, to the
1395+4 executive director. The chief executive officer or hiring or appointing
1396+5 authority shall also forward to the executive director a description of
1397+6 any administrative or disciplinary action taken as a result of the
1398+7 investigation not later than sixty (60) days after the chief executive
1399+8 officer or hiring or appointing authority takes administrative or
1400+9 disciplinary action.
1401+10 (i) Upon receipt of a final report of an investigation under this
1402+11 section, the executive director shall review and make recommendations
1403+12 to the board. If the recommendation is to revoke or suspend the law
1404+13 enforcement officer's authority to act as a law enforcement officer, then
1405+14 all of the following apply:
1406+15 (1) The executive director shall cause written charges to be
1407+16 prepared and served upon the law enforcement officer by personal
1408+17 service, certified mail, or other delivery service for which a
1409+18 receipt for delivery is generated.
1410+19 (2) The law enforcement officer may:
1411+20 (A) voluntarily relinquish the officer's diploma, certificate, or
1412+21 document showing compliance and qualification issued by the
1413+22 board, or any authority to act as a law enforcement officer, by
1414+23 completing, before a notary public, a relinquishment form
1415+24 provided by the board; or
1416+25 (B) demand an evidentiary hearing on the allegations.
1417+26 (3) The:
1418+27 (A) law enforcement officer has the right to be represented by
1419+28 an attorney at the sole expense of the law enforcement officer;
1420+29 and
1421+30 (B) board may be represented by the general counsel for the
1422+31 Indiana law enforcement academy (or a designee), the attorney
1423+32 general, or a private attorney.
1424+33 All attorneys shall file an appearance with the board.
1425+34 (4) If the law enforcement officer demands an evidentiary
1426+35 hearing, the board chairperson shall appoint a subcommittee to
1427+36 conduct the evidentiary hearing. The subcommittee shall be
1428+37 composed of three (3) law enforcement officers who are members
1429+38 of the board and two (2) members of the board who are not
1430+39 currently law enforcement officers. The subcommittee shall
1431+40 provide findings of fact and conclusions of law, and the board
1432+41 shall render the final decision and impose the revocation or
1433+42 suspension, if warranted.
1434+EH 1050—LS 6050/DI 112 34
1435+1 (5) Not later than ten (10) days after its appointment, the
1436+2 subcommittee shall conduct a prehearing conference with the
1437+3 parties. The prehearing conference may be conducted
1438+4 electronically if every party may fully participate. The prehearing
1439+5 conference shall address:
1440+6 (A) the narrowing of issues and defenses;
1441+7 (B) discovery matters;
1442+8 (C) stipulations that may be reached;
1443+9 (D) names and subject matter of all witnesses;
1444+10 (E) whether summary judgment may be requested;
1445+11 (F) the need for legal briefs on any issue;
1446+12 (G) the date, time, location, and probable length of the
1447+13 evidentiary hearing; and
1448+14 (H) any other pertinent issues.
1449+15 The subcommittee shall issue an order summarizing the
1450+16 proceedings and its ruling on the issues.
1451+17 (6) Each party is entitled to engage in reasonable discovery as
1452+18 approved by the subcommittee and consistent with the Indiana
1453+19 Rules of Trial Procedure.
1454+20 (7) The evidentiary hearing shall permit opening statements by
1455+21 each party, direct and cross-examination of witnesses,
1456+22 introduction of evidence, and closing arguments.
1457+23 (8) The evidentiary hearing shall be recorded.
1458+24 (9) The subcommittee may request each party to submit proposed
1459+25 findings of fact and conclusions of law, and shall render a
1460+26 determination of the issues not later than thirty (30) days from
1461+27 receipt of the last submission of proposed findings of fact and
1462+28 conclusions of law.
1463+29 (j) When the subcommittee makes its findings of fact and
1464+30 conclusions of law, it shall serve a copy on the law enforcement officer
1465+31 by personal service, certified mail, or other delivery service for which
1466+32 a receipt for delivery is generated, and shall further notify the law
1467+33 enforcement officer of the date, time, and location of the board
1468+34 meeting. At the meeting the board shall determine whether to accept
1469+35 the recommendation of the subcommittee.
1470+36 (k) A law enforcement officer may seek judicial review of an
1471+37 adverse determination of the board under IC 4-21.5-5.
1472+38 (l) The fact that the law enforcement officer:
1473+39 (1) has been disciplined; or
1474+40 (2) may be disciplined;
1475+41 by the hiring or appointing authority for the same conduct is not a bar
1476+42 to any action by the board under this section.
1477+EH 1050—LS 6050/DI 112 35
1478+1 (m) The board shall include the name of any law enforcement
1479+2 officer who has been decertified on the Internet web site website of the
1480+3 Indiana law enforcement academy, and shall transmit the officer's name
1481+4 for inclusion on the decertification index maintained by the
1482+5 International Association of Directors of Law Enforcement Standards
1483+6 and Training.
1484+7 (n) A law enforcement officer who has been decertified may apply
1485+8 to the board for reinstatement. The application for reinstatement must:
1486+9 (1) be in writing and signed by the law enforcement officer
1487+10 subject to the penalties for perjury; and
1488+11 (2) demonstrate that reinstatement is appropriate, that the
1489+12 applicant poses no danger to the public, and that the applicant can
1490+13 perform as a law enforcement officer according to the board's
1491+14 standards.
1492+15 By filing a petition for reinstatement the applicant agrees to submit to
1493+16 any investigation, testing, analysis, or other procedure or protocol
1494+17 determined by the board or the executive director. The board may
1495+18 direct the executive director to investigate the application for
1496+19 reinstatement and make a recommendation to the board. The executive
1497+20 director shall review the application for reinstatement and all
1498+21 supporting evidence, including expunged criminal convictions, and
1499+22 shall make a recommendation to the board. The board shall consider
1500+23 the application and recommendation of the executive director and shall
1501+24 notify the applicant of its determination in person or by certified mail
1502+25 or other delivery service for which a receipt for delivery is generated.
1503+26 (o) The board shall adopt rules under IC 4-22-2 to implement this
1504+27 section.
1505+28 SECTION 35. IC 5-2-6-4, AS AMENDED BY P.L.42-2024,
1506+29 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1507+30 JULY 1, 2025]: Sec. 4. (a) The board of trustees is composed of:
1508+31 (1) the governor, or the governor's designee, who shall act as
1509+32 chairman;
1510+33 (2) the attorney general, or the attorney general's designee;
1511+34 (3) the superintendent of state police, or the superintendent's
1512+35 designee;
1513+36 (4) the commissioner of the department of correction, or the
1514+37 commissioner's designee;
1515+38 (5) the executive director of the prosecuting attorneys council of
1516+39 Indiana;
1517+40 (6) the chief administrative officer of the office of judicial
1518+41 administration;
1519+42 (7) the executive director of the public defenders defender
1520+EH 1050—LS 6050/DI 112 36
1521+1 council of Indiana;
1522+2 (8) the state public defender; and
1523+3 (9) eight (8) persons who are appointed by and who serve at the
1524+4 pleasure of the governor, including:
1525+5 (A) one (1) sheriff;
1526+6 (B) one (1) chief of police;
1527+7 (C) one (1) judge of a court with both juvenile jurisdiction and
1528+8 general criminal jurisdiction; and
1529+9 (D) five (5) citizens who have manifested an interest in
1530+10 criminal or juvenile justice, one (1) of whom shall be a
1531+11 member of the state advisory group under the Juvenile Justice
1532+12 Act.
1533+13 (b) The president pro tempore of the senate, or a senator appointed
1534+14 by the president pro tempore, and the speaker of the house of
1535+15 representatives, or a representative appointed by the speaker, may serve
1536+16 as nonvoting advisors advisers to the trustees. A trustee advisor
1537+17 adviser appointed under this subsection serves at the pleasure of the
1538+18 appointing authority. A member of the general assembly serving under
1539+19 this subsection serves a term of two (2) years. The term expires June 30
1540+20 of each odd-numbered year.
1541+21 (c) A trustee appointed by the governor serves at the pleasure of the
1542+22 governor. The terms of the trustees appointed by the governor are four
1543+23 (4) years in length and expire as follows:
1544+24 (1) For a trustee described in subsection (a)(9)(A) through
1545+25 (a)(9)(C), December 31, 2025, and each fourth year thereafter.
1546+26 (2) For a trustee described in subsection (a)(9)(D), December 31,
1547+27 2027, and each fourth year thereafter.
1548+28 (d) Membership on the board of trustees does not constitute holding
1549+29 a public office.
1550+30 (e) The appropriate appointing authority shall fill a vacancy on the
1551+31 board of trustees. A trustee appointed to fill a vacancy serves for the
1552+32 remainder of the term of the trustee's predecessor.
1553+33 SECTION 36. IC 5-2-6-24, AS AMENDED BY P.L.126-2024,
1554+34 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1555+35 JULY 1, 2025]: Sec. 24. (a) As used in this section, "criminal code
1556+36 reform" refers to statutory provisions relating to criminal law enacted
1557+37 by P.L.158-2013 and HEA 1006-2014.
1558+38 (b) (a) The institute shall monitor and evaluate the status of
1559+39 Indiana's criminal justice system as described in this section.
1560+40 (c) (b) The institute shall annually gather data and analyze the status
1561+41 of the criminal justice system in Indiana, including the impact of
1562+42 current trends on:
1563+EH 1050—LS 6050/DI 112 37
1564+1 (1) local units of government;
1565+2 (2) the department of correction; and
1566+3 (3) the office of judicial administration.
1567+4 (d) (c) The institute shall prepare an annual report, in conjunction
1568+5 with the justice reinvestment advisory council (established by
1569+6 IC 33-38-9.5-2), containing the results of its analysis before January 1
1570+7 of each year. The report shall be provided to the governor, the chief
1571+8 justice, and the legislative council. The report provided to the
1572+9 legislative council must be in an electronic format under IC 5-14-6.
1573+10 (e) (d) The report required under this section must:
1574+11 (1) include an analysis of:
1575+12 (A) county jail populations;
1576+13 (B) community corrections agencies;
1577+14 (C) probation departments;
1578+15 (D) courts;
1579+16 (E) recidivism rates;
1580+17 (F) reentry court programs; and
1581+18 (G) data relevant to the availability and effectiveness of mental
1582+19 health and addiction programs for persons who are in the
1583+20 criminal justice system;
1584+21 (2) track the number of requests for sentence modification that are
1585+22 set for hearing by the court, including the relief granted by the
1586+23 court, if any;
1587+24 (3) track, by age and offense, the number of juveniles under the
1588+25 jurisdiction of an adult court due to:
1589+26 (A) lack of jurisdiction under IC 31-30-1-4; or
1590+27 (B) waiver of jurisdiction under IC 31-30-3-2 through
1591+28 IC 31-30-3-6;
1592+29 (4) track the number of juveniles under the jurisdiction of adult
1593+30 court due to a juvenile court not having jurisdiction of the cases
1594+31 in accordance with IC 31-30-1-4, by:
1595+32 (A) age;
1596+33 (B) sex;
1597+34 (C) race;
1598+35 (D) county of prosecution;
1599+36 (E) offenses charged;
1600+37 (F) convictions received; and
1601+38 (G) sentences received; and
1602+39 (5) track the number of waivers of juvenile court jurisdiction
1603+40 granted under IC 31-30-3-2 through IC 31-30-3-6 by:
1604+41 (A) age;
1605+42 (B) sex;
1606+EH 1050—LS 6050/DI 112 38
1607+1 (C) race;
1608+2 (D) charges filed in juvenile court in which a waiver was
1609+3 sought;
1610+4 (E) charges filed in adult court following the waiver of
1611+5 juvenile court jurisdiction;
1612+6 (F) county of prosecution;
1613+7 (G) convictions received; and
1614+8 (H) sentences received.
1615+9 (f) (e) All local units of government and local elected officials,
1616+10 including sheriffs, prosecuting attorneys, judges, and county fiscal
1617+11 bodies, shall cooperate with the institute by providing data as requested
1618+12 by the institute.
1619+13 (g) (f) State agencies, including the department of correction, the
1620+14 Indiana prosecuting attorneys council of Indiana, the Indiana public
1621+15 defender council of Indiana, the office of judicial administration, and
1622+16 the division of mental health and addiction, shall assist the institute by
1623+17 providing requested data in a timely manner.
1624+18 (h) (g) Based on their analysis, the institute and the justice
1625+19 reinvestment advisory council shall include recommendations to
1626+20 improve the criminal justice system in Indiana, with particular
1627+21 emphasis being placed on recommendations that relate to sentencing
1628+22 policies and reform.
1629+23 (i) (h) The institute and the justice reinvestment advisory council
1630+24 shall include research data relevant to their analysis and
1631+25 recommendations in the report.
1632+26 (j) (i) The institute shall:
1633+27 (1) make the data collected under subsection (e)(4) (d)(4) and
1634+28 (e)(5) (d)(5) available to the public in an annual report, by fiscal
1635+29 year, due by October 30 of each year;
1636+30 (2) post the annual report required by subdivision (1) on the
1637+31 institute's website; and
1638+32 (3) provide a copy of the annual report required by subdivision (1)
1639+33 to the commission on improving the status of children in Indiana
1640+34 established by IC 2-5-36-3.
1641+35 SECTION 37. IC 5-2-6.1-10, AS AMENDED BY P.L.130-2018,
1642+36 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1643+37 JULY 1, 2025]: Sec. 10. The division shall do the following:
1644+38 (1) Maintain an office and staff in Indianapolis.
1645+39 (2) Prescribe forms for processing applications for assistance.
1646+40 (3) Determine claims for assistance filed under this chapter and
1647+41 investigate or reopen cases as necessary.
1648+42 (4) Prepare and post on the division's Internet web site website a
1649+EH 1050—LS 6050/DI 112 39
1650+1 report of the division's activities on a monthly, quarterly, and
1651+2 annual basis.
1652+3 SECTION 38. IC 5-2-6.1-16, AS AMENDED BY P.L.20-2024,
1653+4 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1654+5 JULY 1, 2025]: Sec. 16. (a) A person eligible for assistance under
1655+6 section 12 of this chapter may file an application for assistance with the
1656+7 division.
1657+8 (b) Except as provided in subsections (e) and (f), the application
1658+9 must be received by the division not more than one hundred eighty
1659+10 (180) days after the date the crime was committed. The division may
1660+11 grant an extension of time for good cause shown by the claimant.
1661+12 However, and except as provided in subsections (e) and (f), the
1662+13 division may not accept an application that is received more than two
1663+14 (2) years after the date the crime was committed.
1664+15 (c) The application must be filed in the office of the division in
1665+16 person, through the division's Internet web site, website, or by first
1666+17 class or certified mail. If requested, the division shall assist a victim in
1667+18 preparing the application.
1668+19 (d) The division shall accept all applications filed in compliance
1669+20 with this chapter. Upon receipt of a complete application, the division
1670+21 shall promptly begin the investigation and processing of an application.
1671+22 (e) An alleged victim of a child sex crime may submit an application
1672+23 to the division until the victim becomes thirty-one (31) years of age or
1673+24 in accordance with subsection (f).
1674+25 (f) An alleged victim of a child sex crime described in
1675+26 IC 35-41-4-2(e) which meets the requirements of IC 35-41-4-2(p) may
1676+27 submit an application to the division not later than five (5) years after
1677+28 the earliest of the date on which:
1678+29 (1) the state first discovers evidence sufficient to charge the
1679+30 offender with the offense through DNA (deoxyribonucleic acid)
1680+31 analysis;
1681+32 (2) the state first becomes aware of the existence of a recording
1682+33 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
1683+34 to charge the offender with the offense; or
1684+35 (3) a person confesses to the offense.
1685+36 (g) An alleged victim of a battery offense included in IC 35-42-2
1686+37 upon a child less than fourteen (14) years of age may submit an
1687+38 application to the division not later than five (5) years after the
1688+39 commission of the offense.
1689+40 SECTION 39. IC 5-2-25-9, AS ADDED BY P.L.14-2024,
1690+41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1691+42 JULY 1, 2025]: Sec. 9. Each member of the council commission who
1692+EH 1050—LS 6050/DI 112 40
1693+1 is a member of the general assembly is entitled to receive the same per
1694+2 diem, mileage, and travel allowances paid to legislative members of
1695+3 interim study committees established by the legislative council. Per
1696+4 diem, mileage, and travel allowances paid under this section shall be
1697+5 paid from appropriations made to the legislative council or the
1698+6 legislative services agency.
1699+7 SECTION 40. IC 5-3-1-1.6, AS ADDED BY P.L.146-2024,
1700+8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1701+9 JULY 1, 2025]: Sec. 1.6. (a) This section applies to a notice published
1702+10 by a political subdivision in a newspaper or locality newspaper under
1703+11 section 4 of this chapter.
1704+12 (b) This subsection applies if a newspaper or locality newspaper
1705+13 publishes:
1706+14 (1) a print edition not more than three (3) times a week; and
1707+15 (2) an electronic edition.
1708+16 A notice may be published in either the print edition or the electronic
1709+17 edition.
1710+18 (c) This subsection applies if a newspaper or locality newspaper:
1711+19 (1) publishes a print edition not more than two (2) times a week;
1712+20 and
1713+21 (2) does not publish an electronic edition.
1714+22 A notice may be published in either the print edition or on the website
1715+23 of the newspaper or locality newspaper. If the newspaper or locality
1716+24 newspaper does not maintain a website, a notice may be published in
1717+25 either the print edition or on the political subdivision's official website
1718+26 (as defined in IC 5-3-5-2) in accordance with IC 5-3-5.
1719+27 (d) A newspaper or locality newspaper may not:
1720+28 (1) charge a person a fee for viewing or searching the website or
1721+29 electronic edition for public notices; or
1722+30 (2) require a person to register on the newspaper newspaper's or
1723+31 locality newspaper's website in order to view or search for public
1724+32 notices on the website.
1725+33 (e) The basic charge for publication of a notice in an electronic
1726+34 edition shall be the same as the basic charge for publication of the
1727+35 notice in the print edition in accordance with section 1 of this chapter.
1728+36 SECTION 41. IC 5-3-5-1, AS ADDED BY P.L.152-2021,
1729+37 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1730+38 JULY 1, 2025]: Sec. 1. This chapter applies to a political subdivision
1731+39 that:
1732+40 (1) has an official web site; website; and
1733+41 (2) is authorized under IC 5-3-1-2 or another statute to publish a
1734+42 notice on the political subdivision's Internet web site website in
1735+EH 1050—LS 6050/DI 112 41
1736+1 accordance with this chapter.
1737+2 SECTION 42. IC 5-3-5-2, AS ADDED BY P.L.152-2021,
1738+3 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1739+4 JULY 1, 2025]: Sec. 2. As used in this chapter, "official web site"
1740+5 website" means the Internet location designated by a political
1741+6 subdivision as its primary source of information about the political
1742+7 subdivision on the Internet.
1743+8 SECTION 43. IC 5-3-5-4, AS ADDED BY P.L.152-2021,
1744+9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1745+10 JULY 1, 2025]: Sec. 4. (a) A political subdivision that is required by
1746+11 statute to publish notice in a newspaper two (2) or more times may
1747+12 make:
1748+13 (1) the first publication of a notice in a newspaper or newspapers
1749+14 as required under IC 5-3-1-4 or the applicable statute; and
1750+15 (2) if the political subdivision maintains an official web site,
1751+16 website, all subsequent publications of the notice only on the
1752+17 official web site website of the political subdivision.
1753+18 (b) If a political subdivision is required to publish a notice two (2)
1754+19 or more times in at least two (2) newspapers more or less
1755+20 contemporaneously, the first publication of the notice includes the first
1756+21 publication of the notice in both newspapers.
1757+22 SECTION 44. IC 5-3-5-5, AS ADDED BY P.L.152-2021,
1758+23 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1759+24 JULY 1, 2025]: Sec. 5. The notice must:
1760+25 (1) be in a location on the official web site website where the
1761+26 notice is easily accessible and identifiable; and
1762+27 (2) remain on the official web site website not less than seven (7)
1763+28 days after the last posting date required by law has expired.
1764+29 SECTION 45. IC 5-3-5-6, AS ADDED BY P.L.152-2021,
1765+30 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1766+31 JULY 1, 2025]: Sec. 6. (a) The political subdivision or county, or a
1767+32 contractor that contracts with the political subdivision or county to
1768+33 administer the official web site, website, shall:
1769+34 (1) create a printed copy of any notice posted on the official web
1770+35 site website in a format that includes the date of publication on
1771+36 the first day that the legal notice is published on the official web
1772+37 site; website; and
1773+38 (2) maintain a printed copy of any notice for archival and
1774+39 verification purposes.
1775+40 (b) A proof of publication that complies with section 7 of this
1776+41 chapter must be furnished upon request. The proof of publication must
1777+42 state that the notice was posted from the initial date through the last
1778+EH 1050—LS 6050/DI 112 42
1779+1 posting date required by law.
1780+2 SECTION 46. IC 5-3-5-8, AS ADDED BY P.L.152-2021,
1781+3 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1782+4 JULY 1, 2025]: Sec. 8. The political subdivision shall:
1783+5 (1) designate an official of the political subdivision to be
1784+6 responsible for electronic publications; and
1785+7 (2) post the official's name and contact information on the official
1786+8 web site. website.
1787+9 SECTION 47. IC 5-4-1-5.1, AS AMENDED BY P.L.188-2016,
1788+10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1789+11 JULY 1, 2025]: Sec. 5.1. (a) "Political subdivision" as used in this
1790+12 section has the meaning set forth in IC 36-1-2-13 and excludes any
1791+13 department or agency of the state.
1792+14 (b) Every elected or appointed officer, official, deputy, employee,
1793+15 or contractor of a political subdivision who is required by section 18 of
1794+16 this chapter to file an official bond for the faithful performance of duty,
1795+17 except the county recorder and deputies and employees of the recorder,
1796+18 shall file the bond with the fiscal officer of the political subdivision and
1797+19 in the office of the county recorder in the county of office or
1798+20 employment of the officer, official, deputy, employee, or contractor.
1799+21 The county recorder and deputies and employees of the recorder shall
1800+22 file their bonds with the county auditor and in the office of the clerk of
1801+23 the circuit court.
1802+24 (c) The bonds described in subsection (b) shall be filed within ten
1803+25 (10) days of their issuance or, if approval is required, within ten (10)
1804+26 days after their approval by the person required to approve the bonds.
1805+27 The recorder shall record all of the bonds filed under this section,
1806+28 indexing them alphabetically under the name of the principal and
1807+29 referring to the title, office, and page number where recorded. The
1808+30 bonds shall be kept in a safe and convenient place in the recorder's
1809+31 office with a reference to the date filed and record and page where
1810+32 recorded.
1811+33 (d) Every county officer who is required to give bond shall have a
1812+34 copy of the oath of office recorded with the bond.
1813+35 (e) The fiscal officer of a political subdivision with whom an official
1814+36 bond is filed under subsection (b) shall file a copy of the bond with the
1815+37 state board of accounts:
1816+38 (1) contemporaneously with the filing of the political
1817+39 subdivision's annual financial report required under
1818+40 IC 5-11-1-4(a); and
1819+41 (2) electronically in the manner prescribed under IC 5-14-3.8-7.
1820+42 (f) The state board of accounts shall maintain a data base of bonds
1821+EH 1050—LS 6050/DI 112 43
1822+1 received under this section and make the data base available to the
1823+2 public on the state board of accounts Internet web site. website. To the
1824+3 extent practicable, the data base must include a list that specifies:
1825+4 (1) every individual who is required by section 18 of this chapter
1826+5 to file; and
1827+6 (2) whether each individual specified under subdivision (1) has
1828+7 obtained and filed;
1829+8 an official bond for the faithful performance of duty.
1830+9 SECTION 48. IC 5-10-8-17, AS ADDED BY P.L.19-2016,
1831+10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1832+11 JULY 1, 2025]: Sec. 17. (a) As used in this section, "covered
1833+12 individual" means an individual entitled to coverage under a state
1834+13 employee health plan.
1835+14 (b) As used in this section, "preceding prescription drug" means a
1836+15 prescription drug that, according to a step therapy protocol, must be:
1837+16 (1) first used to treat a covered individual's condition; and
1838+17 (2) as a result of the treatment under subdivision (1), determined
1839+18 to be inappropriate to treat the covered individual's condition;
1840+19 as a condition of coverage under a state employee health plan for
1841+20 succeeding treatment with another prescription drug.
1842+21 (c) As used in this section, "protocol exception" means a
1843+22 determination by a state employee health plan that, based on a review
1844+23 of a request for the determination and any supporting documentation:
1845+24 (1) a step therapy protocol is not medically appropriate for
1846+25 treatment of a particular covered individual's condition; and
1847+26 (2) the state employee health plan will:
1848+27 (A) not require the covered individual's use of a preceding
1849+28 prescription drug under the step therapy protocol; and
1850+29 (B) provide immediate coverage for another prescription drug
1851+30 that is prescribed for the covered individual.
1852+31 (d) As used in this section, "state employee health plan" refers to the
1853+32 following that provide coverage for prescription drugs:
1854+33 (1) A self-insurance program established under section 7(b) of
1855+34 this chapter.
1856+35 (2) A contract with a prepaid health care delivery plan that is
1857+36 entered into or renewed under section 7(c) of this chapter.
1858+37 The term includes a person that administers prescription drug benefits
1859+38 on behalf of a state employee health plan.
1860+39 (e) As used in this section, "step therapy protocol" means a protocol
1861+40 that specifies, as a condition of coverage under a state employee health
1862+41 plan, the order in which certain prescription drugs must be used to treat
1863+42 a covered individual's condition.
1864+EH 1050—LS 6050/DI 112 44
1865+1 (f) As used in this section, "urgent care situation" means a covered
1866+2 individual's injury or condition about which the following apply:
1867+3 (1) If medical care or treatment is not provided earlier than the
1868+4 time frame generally considered by the medical profession to be
1869+5 reasonable for a nonurgent situation, the injury or condition could
1870+6 seriously jeopardize the covered individual's:
1871+7 (A) life or health; or
1872+8 (B) ability to regain maximum function;
1873+9 based on a prudent layperson's judgment.
1874+10 (2) If medical care or treatment is not provided earlier than the
1875+11 time frame generally considered by the medical profession to be
1876+12 reasonable for a nonurgent situation, the injury or condition could
1877+13 subject the covered individual to severe pain that cannot be
1878+14 adequately managed, based on the covered individual's treating
1879+15 health care provider's judgment.
1880+16 (g) A state employee health plan shall publish on the state employee
1881+17 health plan's Internet web site, website, and provide to a covered
1882+18 individual in writing, a procedure for the covered individual's use in
1883+19 requesting a protocol exception. The procedure must include the
1884+20 following provisions:
1885+21 (1) A description of the manner in which a covered individual
1886+22 may request a protocol exception.
1887+23 (2) That the state employee health plan shall make a
1888+24 determination concerning a protocol exception request, or an
1889+25 appeal of a denial of a protocol exception request, not more than:
1890+26 (A) in an urgent care situation, one (1) business day after
1891+27 receiving the request or appeal; or
1892+28 (B) in a nonurgent care situation, three (3) business days after
1893+29 receiving the request or appeal.
1894+30 (3) That a protocol exception will be granted if any of the
1895+31 following apply:
1896+32 (A) A preceding prescription drug is contraindicated or will
1897+33 likely cause an adverse reaction or physical or mental harm to
1898+34 the covered individual.
1899+35 (B) A preceding prescription drug is expected to be
1900+36 ineffective, based on both of the following:
1901+37 (i) The known clinical characteristics of the covered
1902+38 individual.
1903+39 (ii) Known characteristics of the preceding prescription
1904+40 drug, as found in sound clinical evidence.
1905+41 (C) The covered individual has previously received:
1906+42 (i) a preceding prescription drug; or
1907+EH 1050—LS 6050/DI 112 45
1908+1 (ii) another prescription drug that is in the same
1909+2 pharmacologic class or has the same mechanism of action as
1910+3 a preceding prescription drug;
1911+4 and the prescription drug was discontinued due to lack of
1912+5 efficacy or effectiveness, diminished effect, or an adverse
1913+6 event.
1914+7 (D) Based on clinical appropriateness, a preceding
1915+8 prescription drug is not in the best interest of the covered
1916+9 individual because the covered individual's use of the
1917+10 preceding prescription drug is expected to:
1918+11 (i) cause a significant barrier to the covered individual's
1919+12 adherence to or compliance with the covered individual's
1920+13 plan of care;
1921+14 (ii) worsen a comorbid condition of the covered individual;
1922+15 or
1923+16 (iii) decrease the covered individual's ability to achieve or
1924+17 maintain reasonable functional ability in performing daily
1925+18 activities.
1926+19 (4) That when a protocol exception is granted, the state employee
1927+20 health plan shall notify the covered individual and the covered
1928+21 individual's health care provider of the authorization for coverage
1929+22 of the prescription drug that is the subject of the protocol
1930+23 exception.
1931+24 (5) That if:
1932+25 (A) a protocol exception request; or
1933+26 (B) an appeal of a denied protocol exception request;
1934+27 results in a denial of the protocol exception, the state employee
1935+28 health plan shall provide to the covered individual and the
1936+29 treating health care provider notice of the denial, including a
1937+30 detailed, written explanation of the reason for the denial and the
1938+31 clinical rationale that supports the denial.
1939+32 (6) That the state employee health plan may request a copy of
1940+33 relevant documentation from the covered individual's medical
1941+34 record in support of a protocol exception.
1942+35 SECTION 49. IC 5-11-5-1.5, AS AMENDED BY P.L.157-2020,
1943+36 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1944+37 JULY 1, 2025]: Sec. 1.5. (a) As used in this section, "audited entity"
1945+38 includes only the following:
1946+39 (1) A state agency (as defined in IC 4-13-1-1).
1947+40 (2) A public hospital.
1948+41 (3) A municipality.
1949+42 (4) A body corporate and politic.
1950+EH 1050—LS 6050/DI 112 46
1951+1 (5) A state educational institution.
1952+2 (6) An entity to the extent that the entity is required to be
1953+3 examined under IC 5-11-1-9 or another law.
1954+4 (b) If an examination report contains a finding that an audited entity
1955+5 failed to observe a uniform compliance guideline established under
1956+6 IC 5-11-1-24(a) or to comply with a specific law, the audited entity
1957+7 shall take action to address the audit finding.
1958+8 (c) If a subsequent examination report of the audited entity contains
1959+9 a finding that is the same as or substantially similar to the finding
1960+10 contained in the previous examination report described in subsection
1961+11 (b), the public officer of the audited entity shall file a corrective action
1962+12 plan as a written response to the report under section 1(b) of this
1963+13 chapter.
1964+14 (d) The state board of accounts shall create guidelines for use by an
1965+15 audited entity to establish a corrective action plan described in
1966+16 subsection (c). The guidelines must include a requirement that the issue
1967+17 that is the subject of a finding described in subsection (c) must be
1968+18 corrected not later than six (6) months after the date on which the
1969+19 corrective action plan is filed.
1970+20 (e) After the successful completion of a corrective action plan by an
1971+21 audited entity that was required to file a corrective action plan under
1972+22 subsection (c), the audited entity shall notify the state board of
1973+23 accounts. The state board of accounts shall review each corrective
1974+24 action plan. If a corrective action plan is not implemented or the issue
1975+25 that is the subject of the finding is not corrected within six (6) months,
1976+26 the state board of accounts shall prepare a memorandum summarizing:
1977+27 (1) the examination report finding;
1978+28 (2) the corrective action plan;
1979+29 (3) the manner by which the examination report finding was or
1980+30 was not addressed; and
1981+31 (4) a recommended course of action.
1982+32 (f) The state board of accounts shall present to the audit committee
1983+33 established by IC 2-5-1.1-6.3 a memorandum described in subsection
1984+34 (e). If the audit committee determines that further action should be
1985+35 taken, the audit committee may do any of the following:
1986+36 (1) Request a written statement from the public officer of the
1987+37 audited entity.
1988+38 (2) Request the personal attendance of the public officer of the
1989+39 audited entity at the next audit committee meeting.
1990+40 (3) Request that the public officer of the audited entity take
1991+41 corrective action.
1992+42 (4) Notify the:
1993+EH 1050—LS 6050/DI 112 47
1994+1 (A) office of management and budget (in the case of an
1995+2 audited entity that is a state agency, a body corporate and
1996+3 politic, or a state educational institution); or
1997+4 (B) officer or chief executive officer, legislative body, and
1998+5 fiscal body of the audited entity and the department of local
1999+6 government finance (in the case of any other audited entity);
2000+7 that the audited entity refused to correct the audited entity's failure
2001+8 to observe a uniform compliance guideline established under
2002+9 IC 5-11-1-24(a), or refused to comply with a specific law, with
2003+10 notice of the recommendation described in subsection (e)(4)
2004+11 published on the general assembly's Internet web site. website.
2005+12 (5) Refer the facts drawn from the examination and the actions
2006+13 taken under this section for investigation and prosecution of a
2007+14 violation of IC 5-11-1-10 or IC 5-11-1-21 to the:
2008+15 (A) inspector general, in the case of an audited entity that is a
2009+16 state agency, a body corporate and politic, or a state
2010+17 educational institution; or
2011+18 (B) prosecuting attorney of the county in which a violation of
2012+19 IC 5-11-1-10 or IC 5-11-1-21 may have been committed, in the
2013+20 case of any other audited entity;
2014+21 with notice of the referral published on the general assembly's
2015+22 Internet web site. website. Notice of a referral described in clause
2016+23 (B) must be sent to the officer or chief executive officer,
2017+24 legislative body, and fiscal body of the audited entity.
2018+25 (6) Recommend that legislation be introduced in the general
2019+26 assembly to amend any statute under which the audited entity is
2020+27 found to be noncompliant.
2021+28 (7) Recommend that the state board of accounts examine the
2022+29 audited entity within the calendar year following the year in
2023+30 which the audited entity was required to file a corrective action
2024+31 plan under subsection (c).
2025+32 (g) When implementing this section, the state board of accounts
2026+33 may issue confidential management letters, based on professional
2027+34 auditing standards, to an audited entity in a situation involving
2028+35 noncompliance that does not result in the establishment of a corrective
2029+36 action plan but that must be brought to the attention of the audited
2030+37 entity's governing body.
2031+38 SECTION 50. IC 5-13-12-12, AS ADDED BY P.L.115-2010,
2032+39 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2033+40 JULY 1, 2025]: Sec. 12. (a) In June and December each year, the board
2034+41 shall prepare a written report generally summarizing the board's
2035+42 activities and the status of the public deposit insurance fund for the
2036+EH 1050—LS 6050/DI 112 48
2037+1 previous six (6) months. However, the report may not identify a
2038+2 particular financial institution notwithstanding the requirements of
2039+3 IC 5-14-3. The report shall be made available on the board's Internet
2040+4 web site. website.
2041+5 (b) The chairperson of the board or the chairperson's designee shall
2042+6 present the semiannual report to the budget committee at a public
2043+7 hearing.
2044+8 SECTION 51. IC 5-14-1.5-3.6, AS AMENDED BY P.L.124-2022,
2045+9 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2046+10 JULY 1, 2025]: Sec. 3.6. (a) This section applies only to a governing
2047+11 body of the following:
2048+12 (1) A charter school.
2049+13 (2) A public agency of the state, including a body corporate and
2050+14 politic established as an instrumentality of the state.
2051+15 (3) An airport authority or a department of aviation under IC 8-22.
2052+16 (4) A conservancy district under IC 14-33.
2053+17 (b) A member of a governing body who is not physically present at
2054+18 a meeting of the governing body may participate in a meeting of the
2055+19 governing body by electronic communication only if the member uses
2056+20 a means of communication that permits:
2057+21 (1) the member;
2058+22 (2) all other members participating in the meeting;
2059+23 (3) all members of the public physically present at the place
2060+24 where the meeting is conducted; and
2061+25 (4) if the meeting is conducted under a policy adopted under
2062+26 subsection (g)(7), all members of the public physically present at
2063+27 a public location at which a member participates by means of
2064+28 electronic communication;
2065+29 to simultaneously communicate with each other during the meeting.
2066+30 (c) The governing body must fulfill both of the following
2067+31 requirements for a member of the governing body to participate in a
2068+32 meeting by electronic communication:
2069+33 (1) This subdivision does not apply to committees appointed by
2070+34 a board of trustees of a state educational institution, by the
2071+35 commission for higher education, by the board of the Indiana
2072+36 economic development corporation, or by the board of directors
2073+37 of the Indiana secondary market for education loans, as
2074+38 established, incorporated, and designated under IC 21-16-5-1.
2075+39 This subdivision does not apply to a governing body if at least
2076+40 fifty-one percent (51%) of the governing body membership
2077+41 consists of individuals with a disability (as described in
2078+42 IC 12-12-8-3.4) or individuals with a significant disability (as
2079+EH 1050—LS 6050/DI 112 49
2080+1 described in IC 12-12-8-3.6), or both. The minimum number of
2081+2 members who must be physically present at the place where the
2082+3 meeting is conducted must be the greater of:
2083+4 (A) two (2) of the members; or
2084+5 (B) one-third (1/3) of the members.
2085+6 (2) All votes of the governing body during the electronic meeting
2086+7 must be taken by roll call vote.
2087+8 Nothing in this section affects the public's right under this chapter to
2088+9 attend a meeting of the governing body at the place where the meeting
2089+10 is conducted and the minimum number of members is physically
2090+11 present as provided for in subdivision (1).
2091+12 (d) Each member of the governing body is required to physically
2092+13 attend at least one (1) meeting of the governing body annually. This
2093+14 subsection does not apply to a governing body if at least fifty-one
2094+15 percent (51%) of the governing body membership consists of
2095+16 individuals with a disability (as described in IC 12-12-8-3.4) or
2096+17 individuals with a significant disability (as described in
2097+18 IC 12-12-8-3.6), or both.
2098+19 (e) Unless a policy adopted by a governing body under subsection
2099+20 (g) provides otherwise, a member who participates in a meeting by
2100+21 electronic communication:
2101+22 (1) is considered to be present at the meeting;
2102+23 (2) shall be counted for purposes of establishing a quorum; and
2103+24 (3) may vote at the meeting.
2104+25 (f) A governing body may not conduct meetings using a means of
2105+26 electronic communication until the governing body:
2106+27 (1) meets all requirements of this chapter; and
2107+28 (2) by a favorable vote of a majority of the members of the
2108+29 governing body, adopts a policy under subsection (g) governing
2109+30 participation in meetings of the governing body by electronic
2110+31 communication.
2111+32 (g) A policy adopted by a governing body to govern participation in
2112+33 the governing body's meetings by electronic communication may do
2113+34 any of the following:
2114+35 (1) Require a member to request authorization to participate in a
2115+36 meeting of the governing body by electronic communication
2116+37 within a certain number of days before the meeting to allow for
2117+38 arrangements to be made for the member's participation by
2118+39 electronic communication.
2119+40 (2) Subject to subsection (e), limit the number of members who
2120+41 may participate in any one (1) meeting by electronic
2121+42 communication.
2122+EH 1050—LS 6050/DI 112 50
2123+1 (3) Limit the total number of meetings that the governing body
2124+2 may conduct in a calendar year by electronic communication.
2125+3 (4) Limit the number of meetings in a calendar year in which any
2126+4 one (1) member of the governing body may participate by
2127+5 electronic communication.
2128+6 (5) Provide that a member who participates in a meeting by
2129+7 electronic communication may not cast the deciding vote on any
2130+8 official action. For purposes of this subdivision, a member casts
2131+9 the deciding vote on an official action if, regardless of the order
2132+10 in which the votes are cast:
2133+11 (A) the member votes with the majority; and
2134+12 (B) the official action is adopted or defeated by one (1) vote.
2135+13 (6) Require a member participating in a meeting by electronic
2136+14 communication to confirm in writing the votes cast by the
2137+15 member during the meeting within a certain number of days after
2138+16 the date of the meeting.
2139+17 (7) Provide that in addition to the location where a meeting is
2140+18 conducted, the public may also attend some or all meetings of the
2141+19 governing body, excluding executive sessions, at a public place
2142+20 or public places at which a member is physically present and
2143+21 participates by electronic communication. If the governing body's
2144+22 policy includes this provision, a meeting notice must provide the
2145+23 following information:
2146+24 (A) The identity of each member who will be physically
2147+25 present at a public place and participate in the meeting by
2148+26 electronic communication.
2149+27 (B) The address and telephone number of each public place
2150+28 where a member will be physically present and participate by
2151+29 electronic communication.
2152+30 (C) Unless the meeting is an executive session, a statement
2153+31 that a location described in clause (B) will be open and
2154+32 accessible to the public.
2155+33 (8) Require at least a quorum of members to be physically present
2156+34 at the location where the meeting is conducted.
2157+35 (9) Provide that a member participating by electronic
2158+36 communication may vote on official action only if, subject to
2159+37 subsection (e), a specified number of members:
2160+38 (A) are physically present at the location where the meeting is
2161+39 conducted; and
2162+40 (B) concur in the official action.
2163+41 (10) Establish any other procedures, limitations, or conditions that
2164+42 govern participation in meetings of the governing body by
2165+EH 1050—LS 6050/DI 112 51
2166+1 electronic communication and are not in conflict with this
2167+2 chapter.
2168+3 (h) The policy adopted by the governing body must be posted on the
2169+4 Internet web site website of the governing body, the charter school, the
2170+5 airport, the conservancy district, or the public agency.
2171+6 (i) Nothing in this section affects a public agency's or charter
2172+7 school's right to exclude the public from an executive session in which
2173+8 a member participates by electronic communication.
2174+9 SECTION 52. IC 5-14-1.5-5, AS AMENDED BY P.L.10-2019,
2175+10 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2176+11 JULY 1, 2025]: Sec. 5. (a) Public notice of the date, time, and place of
2177+12 any meetings, executive sessions, or of any rescheduled or reconvened
2178+13 meeting, shall be given at least forty-eight (48) hours (excluding
2179+14 Saturdays, Sundays, and legal holidays) before the meeting. This
2180+15 requirement does not apply to reconvened meetings (not including
2181+16 executive sessions) where announcement of the date, time, and place
2182+17 of the reconvened meeting is made at the original meeting and recorded
2183+18 in the memoranda and minutes thereof, and there is no change in the
2184+19 agenda.
2185+20 (b) Public notice shall be given by the governing body of a public
2186+21 agency as follows:
2187+22 (1) The governing body of a public agency shall give public
2188+23 notice by posting a copy of the notice at the principal office of the
2189+24 public agency holding the meeting or, if no such office exists, at
2190+25 the building where the meeting is to be held.
2191+26 (2) The governing body of a public agency shall give public
2192+27 notice by delivering notice to all news media which deliver an
2193+28 annual written request for the notices not later than December 31
2194+29 for the next succeeding calendar year to the governing body of the
2195+30 public agency. The governing body shall give notice by one (1) of
2196+31 the following methods, which shall be determined by the
2197+32 governing body:
2198+33 (A) Depositing the notice in the United States mail with
2199+34 postage prepaid.
2200+35 (B) Transmitting the notice by electronic mail, if the public
2201+36 agency has the capacity to transmit electronic mail.
2202+37 (C) Transmitting the notice by facsimile (fax).
2203+38 (3) This subdivision applies only to the governing body of a
2204+39 public agency of a political subdivision described in section
2205+40 2(a)(2), 2(a)(4), or 2(a)(5) of this chapter that adopts a policy to
2206+41 provide notice under this subdivision. Notice under this
2207+42 subdivision is in addition to providing notice under subdivisions
2208+EH 1050—LS 6050/DI 112 52
2209+1 (1) and (2). If the governing body adopts a policy under this
2210+2 subdivision, the governing body of a public agency shall give
2211+3 public notice by delivering notice to any person (other than news
2212+4 media) who delivers to the governing body of the public agency
2213+5 an annual written request for the notices not later than December
2214+6 31 for the next succeeding calendar year. The governing body
2215+7 shall give notice by one (1) of the following methods, which shall
2216+8 be determined by the governing body:
2217+9 (A) Transmitting the notice by electronic mail, if the public
2218+10 agency has the capacity to send electronic mail.
2219+11 (B) Publishing the notice on the public agency's Internet web
2220+12 site website at least forty-eight (48) hours in advance of the
2221+13 meeting, if the public agency has an Internet web site. a
2222+14 website.
2223+15 A court may not declare void any policy, decision, or final action under
2224+16 section 7 of this chapter based on a failure to give a person notice under
2225+17 subdivision (3) if the public agency made a good faith effort to comply
2226+18 with subdivision (3). If a governing body comes into existence after
2227+19 December 31, it shall comply with this subsection upon receipt of a
2228+20 written request for notice. In addition, a state agency (as defined in
2229+21 IC 4-13-1-1) shall provide electronic access to the notice through the
2230+22 computer gateway administered by the office of technology established
2231+23 by IC 4-13.1-2-1.
2232+24 (c) Notice of regular meetings need be given only once each year,
2233+25 except that an additional notice shall be given where the date, time, or
2234+26 place of a regular meeting or meetings is changed. This subsection does
2235+27 not apply to executive sessions.
2236+28 (d) If a meeting is called to deal with an emergency involving actual
2237+29 or threatened injury to person or property, or actual or threatened
2238+30 disruption of the governmental activity under the jurisdiction of the
2239+31 public agency by any event, then the time requirements of notice under
2240+32 this section shall not apply, but:
2241+33 (1) news media which have requested notice of meetings under
2242+34 subsection (b)(2) must be given the same notice as is given to the
2243+35 members of the governing body; and
2244+36 (2) the public must be notified by posting a copy of the notice
2245+37 according to subsection (b)(1).
2246+38 (e) This section shall not apply where notice by publication is
2247+39 required by statute, ordinance, rule, or regulation.
2248+40 (f) This section shall not apply to the following:
2249+41 (1) The department of local government finance, the Indiana
2250+42 board of tax review, or any other governing body which meets in
2251+EH 1050—LS 6050/DI 112 53
2252+1 continuous session, except that this section applies to meetings of
2253+2 these governing bodies which are required by or held pursuant to
2254+3 statute, ordinance, rule, or regulation.
2255+4 (2) The executive of a county or the legislative body of a town if
2256+5 the meetings are held solely to carry out the administrative
2257+6 functions related to the county executive or town legislative
2258+7 body's executive powers. "Administrative functions" means only
2259+8 routine activities that are reasonably related to the everyday
2260+9 internal management of the county or town, including conferring
2261+10 with, receiving information from, and making recommendations
2262+11 to staff members and other county or town officials or employees.
2263+12 "Administrative functions" does not include:
2264+13 (A) taking final action on public business;
2265+14 (B) the exercise of legislative powers; or
2266+15 (C) awarding of or entering into contracts, or any other action
2267+16 creating an obligation or otherwise binding the county or town.
2268+17 (g) This section does not apply to the general assembly.
2269+18 (h) Notice has not been given in accordance with this section if a
2270+19 governing body of a public agency convenes a meeting at a time so
2271+20 unreasonably departing from the time stated in its public notice that the
2272+21 public is misled or substantially deprived of the opportunity to attend,
2273+22 observe, and record the meeting.
2274+23 SECTION 53. IC 5-14-3.3-5, AS ADDED BY P.L.269-2017,
2275+24 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2276+25 JULY 1, 2025]: Sec. 5. As used in this chapter, "government web site"
2277+26 website" refers to an Internet web site a website that is established for
2278+27 a governmental entity.
2279+28 SECTION 54. IC 5-14-3.3-9, AS ADDED BY P.L.269-2017,
2280+29 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2281+30 JULY 1, 2025]: Sec. 9. As used in this chapter, "web site "website
2282+31 owner" refers to the governmental entity that:
2283+32 (1) establishes and maintains a government web site; website;
2284+33 and
2285+34 (2) is responsible for the content of that site.
2286+35 SECTION 55. IC 5-14-3.3-13, AS ADDED BY P.L.269-2017,
2287+36 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2288+37 JULY 1, 2025]: Sec. 13. A government web site website may disclose
2289+38 government data only in accordance with IC 4-1-6 and IC 5-14-3.
2290+39 SECTION 56. IC 5-14-3.3-14, AS ADDED BY P.L.269-2017,
2291+40 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2292+41 JULY 1, 2025]: Sec. 14. A web site website owner and its officers,
2293+42 officials, and employees are immune from any civil liability for posting
2294+EH 1050—LS 6050/DI 112 54
2295+1 confidential information if the information was posted in reliance on a
2296+2 determination made by a data owner about the confidentiality of
2297+3 information on the government web site. website.
2298+4 SECTION 57. IC 5-14-3.3-15, AS ADDED BY P.L.269-2017,
2299+5 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2300+6 JULY 1, 2025]: Sec. 15. Except as specifically provided in IC 4-5-10-2,
2301+7 IC 4-13.1-2-4, IC 5-14-3-3.5, IC 5-14-3-3.6, or another statute, a web
2302+8 site website owner may not charge a fee for access to the data on the
2303+9 web site. website.
2304+10 SECTION 58. IC 5-14-3.3-16, AS ADDED BY P.L.269-2017,
2305+11 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2306+12 JULY 1, 2025]: Sec. 16. (a) This section applies to a data owner only
2307+13 if an Indiana statute requires the data owner to submit government data
2308+14 to a web site website owner.
2309+15 (b) A web site website owner may require the data owner to submit
2310+16 the government data in an electronic format on a prescribed form.
2311+17 (c) A data owner shall include a link on the data owner's Internet
2312+18 web site website to the Internet web site website of the web site
2313+19 website owner to which the data owner is required to submit
2314+20 government data.
2315+21 SECTION 59. IC 5-14-3.5-11, AS ADDED BY P.L.172-2011,
2316+22 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2317+23 JULY 1, 2025]: Sec. 11. Each state agency shall include a link on the
2318+24 agency's Internet web site website to the Internet web site website
2319+25 established under this chapter.
2320+26 SECTION 60. IC 5-14-3.6-3, AS ADDED BY P.L.172-2011,
2321+27 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2322+28 JULY 1, 2025]: Sec. 3. The commission shall establish a web site
2323+29 website where members of the public may view the following:
2324+30 (1) The audited financial statement of each state educational
2325+31 institution.
2326+32 (2) A comparison between the amount appropriated to each state
2327+33 educational institution and the amount allotted for expenditure by
2328+34 the state educational institution.
2329+35 (3) Information concerning the outstanding debt of each state
2330+36 educational institution, the purposes for which the outstanding
2331+37 debt was used, and the sources of repayment for the outstanding
2332+38 debt.
2333+39 (4) For each state educational institution, all financial and other
2334+40 reports to a state agency that are public records.
2335+41 SECTION 61. IC 5-14-3.6-4, AS ADDED BY P.L.172-2011,
2336+42 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2337+EH 1050—LS 6050/DI 112 55
2338+1 JULY 1, 2025]: Sec. 4. Each state educational institution shall include
2339+2 a link on the state educational institution's Internet web site website to
2340+3 the web site website established under this chapter.
2341+4 SECTION 62. IC 5-14-3.7-3, AS AMENDED BY P.L.213-2018(ss),
2342+5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2343+6 JULY 1, 2025]: Sec. 3. (a) The department, working with the office of
2344+7 technology established by IC 4-13.1-2-1 or another organization that is
2345+8 part of a state educational institution, the state board of accounts
2346+9 established by IC 5-11-1-1, the department of local government finance
2347+10 established under IC 6-1.1-30-1.1, and the office of management and
2348+11 budget established by IC 4-3-22-3, shall post on the Indiana
2349+12 transparency Internet web site website a data base that lists
2350+13 expenditures and fund balances, including expenditures for contracts,
2351+14 grants, and leases, for public schools. The web site website must be
2352+15 electronically searchable by the public.
2353+16 (b) The data base must include for public schools:
2354+17 (1) the amount, date, payer, and payee of expenditures;
2355+18 (2) a listing of expenditures specifically identifying those for:
2356+19 (A) personal services;
2357+20 (B) other operating expenses or total operating expenses; and
2358+21 (C) debt service, including lease payments, related to debt;
2359+22 (3) a listing of fund balances, specifically identifying balances in
2360+23 funds that are being used for accumulation of money for future
2361+24 capital needs;
2362+25 (4) a listing of real and personal property owned by the public
2363+26 school; and
2364+27 (5) the report required under IC 6-1.1-33.5-7.
2365+28 SECTION 63. IC 5-14-3.7-11, AS ADDED BY P.L.172-2011,
2366+29 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2367+30 JULY 1, 2025]: Sec. 11. The office of technology established by
2368+31 IC 4-13.1-2-1 shall work with the department to include a link on the
2369+32 Internet web site website established under this chapter to the Internet
2370+33 web site website of each Internet web site website operated by:
2371+34 (1) the state; or
2372+35 (2) a public school.
2373+36 SECTION 64. IC 5-14-3.7-12, AS ADDED BY P.L.172-2011,
2374+37 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2375+38 JULY 1, 2025]: Sec. 12. Each public school shall include a link on the
2376+39 public school's Internet web site website to the Internet web site
2377+40 website established under this chapter.
2378+41 SECTION 65. IC 5-14-3.7-13, AS ADDED BY P.L.172-2011,
2379+42 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2380+EH 1050—LS 6050/DI 112 56
2381+1 JULY 1, 2025]: Sec. 13. The department and the office of technology
2382+2 shall initially complete the design of the Internet web site website and
2383+3 establish and post the information required under this chapter for all
2384+4 public schools.
2385+5 SECTION 66. IC 5-14-3.8-3, AS AMENDED BY P.L.208-2016,
2386+6 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2387+7 JULY 1, 2025]: Sec. 3. The department, working with the office of
2388+8 technology established by IC 4-13.1-2-1, or another organization that
2389+9 is part of a state educational institution, the office of management and
2390+10 budget established by IC 4-3-22-3, and the state board of accounts
2391+11 established by IC 5-11-1-1, shall post on the Indiana transparency
2392+12 Internet web site website the following:
2393+13 (1) The financial reports required by IC 5-11-1-4.
2394+14 (2) The report on expenditures per capita prepared under
2395+15 IC 6-1.1-33.5-7.
2396+16 (3) A listing of the property tax rates certified by the department.
2397+17 (4) An index of audit reports prepared by the state board of
2398+18 accounts.
2399+19 (5) Local development agreement reports prepared under
2400+20 IC 4-33-23-10 and IC 4-33-23-17.
2401+21 (6) Information for evaluating the fiscal health of a political
2402+22 subdivision in the format required by section 8(b) of this chapter.
2403+23 (7) A listing of expenditures specifically identifying those for:
2404+24 (A) personal services;
2405+25 (B) other operating expenses or total operating expenses; and
2406+26 (C) debt service, including lease payments, related to debt.
2407+27 (8) A listing of fund balances, specifically identifying balances in
2408+28 funds that are being used for accumulation of money for future
2409+29 capital needs.
2410+30 (9) Any other financial information deemed appropriate by the
2411+31 department.
2412+32 SECTION 67. IC 5-14-3.8-8, AS AMENDED BY P.L.244-2017,
2413+33 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2414+34 JULY 1, 2025]: Sec. 8. (a) The department shall develop indicators of
2415+35 fiscal health for evaluating the fiscal health of a political subdivision.
2416+36 The department may consider including any of the following in the
2417+37 indicators developed under this subsection:
2418+38 (1) The cash balance of a political subdivision.
2419+39 (2) The debt to revenue ratio of a political subdivision.
2420+40 (3) The condition of a political subdivision's property tax base and
2421+41 income tax base, if any, as measured by both the assessed value
2422+42 of the political subdivision and the amount of per capita revenue
2423+EH 1050—LS 6050/DI 112 57
2424+1 generated from the political subdivision's tax bases.
2425+2 (4) The per capita amount of a political subdivision's general fund
2426+3 operating revenue or in the case of a school corporation, the
2427+4 school corporation's education fund and operations fund revenue.
2428+5 (5) Any trends in the amount of a political subdivision's tax
2429+6 revenue.
2430+7 (6) Whether a political subdivision maintains a structural deficit
2431+8 or a structural surplus.
2432+9 (7) The number and size of the tax increment financing districts
2433+10 designated by a redevelopment commission established by the
2434+11 political subdivision, if any.
2435+12 (8) The extent that the political subdivision is affected by tax
2436+13 increment financing districts.
2437+14 (9) The extent that the political subdivision's property tax base is
2438+15 affected by exempt properties.
2439+16 (10) The political subdivision's bond rating.
2440+17 (11) The amount of retiree benefits paid by the political
2441+18 subdivision.
2442+19 (12) The amount of pension contributions paid on behalf of the
2443+20 political subdivision's employees.
2444+21 (13) Any other factor that the department considers relevant to
2445+22 evaluating the fiscal health of a political subdivision.
2446+23 (b) The department shall use the indicators developed under
2447+24 subsection (a) and the associated fiscal data to present the information
2448+25 for evaluating the fiscal health of a political subdivision on the Indiana
2449+26 transparency Internet web site. website. The information must be
2450+27 presented in a manner that:
2451+28 (1) can be conveniently and easily accessed from a single web
2452+29 page; and
2453+30 (2) is commonly known as an Internet dashboard.
2454+31 The information must be available on the Indiana transparency Internet
2455+32 web site website in the format required by this subsection before July
2456+33 1, 2015.
2457+34 (c) Neither the department of local government finance nor any
2458+35 other state agency may use the fiscal health indicators developed under
2459+36 this section to assign a political subdivision a summative grade.
2460+37 SECTION 68. IC 5-14-3.8-9, AS ADDED BY P.L.257-2019,
2461+38 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2462+39 JULY 1, 2025]: Sec. 9. The county auditor of each county shall submit
2463+40 the certification of tax distribution and settlement to the Indiana
2464+41 transparency Internet web site website biannually and not later than the
2465+42 following dates:
2466+EH 1050—LS 6050/DI 112 58
2467+1 (1) For the distribution and settlement to be completed by the
2468+2 fifty-first day after May 10 of a year under IC 6-1.1-27-1, not later
2469+3 than July 15 of the same year.
2470+4 (2) For the distribution and settlement to be completed by the
2471+5 fifty-first day after November 10 of a year under IC 6-1.1-27-1,
2472+6 not later than January 15 of the following year.
2473+7 SECTION 69. IC 5-14-3.9-4, AS ADDED BY P.L.208-2016,
2474+8 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2475+9 JULY 1, 2025]: Sec. 4. This chapter applies only to a political
2476+10 subdivision that has an Internet web site. a website. This chapter does
2477+11 not require a political subdivision to establish an Internet web site. a
2478+12 website.
2479+13 SECTION 70. IC 5-14-3.9-5, AS ADDED BY P.L.208-2016,
2480+14 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2481+15 JULY 1, 2025]: Sec. 5. (a) After July 31, 2017, the department shall
2482+16 publish an annual summary of each political subdivision on the Indiana
2483+17 transparency Internet web site website on the dates determined by the
2484+18 department.
2485+19 (b) A political subdivision shall prominently display on the main
2486+20 Internet web page of the political subdivision's Internet web site
2487+21 website the link provided by the department to the Indiana
2488+22 transparency Internet web site website established under IC 5-14-3.7.
2489+23 SECTION 71. IC 5-22-16.5-9, AS ADDED BY P.L.21-2012,
2490+24 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2491+25 JULY 1, 2025]: Sec. 9. (a) Not later than July 1, 2012, the department,
2492+26 using credible information available to the public, shall develop a list
2493+27 of persons the department determines to be engaged in investment
2494+28 activities in Iran.
2495+29 (b) The department may enter into contracts for the development of
2496+30 the list.
2497+31 (c) The list must be updated not later than every one hundred eighty
2498+32 (180) days.
2499+33 (d) The department shall publish the list on the department's Internet
2500+34 web site. website.
2501+35 (e) The department shall make every effort to avoid erroneous
2502+36 inclusion of a person on the list.
2503+37 SECTION 72. IC 5-28-17-1, AS AMENDED BY P.L.86-2018,
2504+38 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2505+39 JULY 1, 2025]: Sec. 1. (a) The corporation shall do the following to
2506+40 carry out this chapter:
2507+41 (1) Contribute to the strengthening of the economy of Indiana by
2508+42 encouraging the organization and development of new business
2509+EH 1050—LS 6050/DI 112 59
2510+1 enterprises, including technologically oriented enterprises.
2511+2 (2) Approve and administer loans from the small business
2512+3 development fund established by IC 5-28-18.
2513+4 (3) Conduct activities for nontraditional entrepreneurs under
2514+5 IC 5-28-18.
2515+6 (4) Establish and administer the small and minority business
2516+7 financial assistance program under IC 5-28-20.
2517+8 (5) Assist small businesses in obtaining state and federal tax
2518+9 incentives.
2519+10 (6) Develop and advertise a means to allow for small businesses
2520+11 and local units of government to report duplicative state reporting
2521+12 requirements through an Internet a web page maintained on the
2522+13 corporation's web site. website.
2523+14 (7) Beginning in 2018, not later than August 31 of each year,
2524+15 report the information received during the previous twelve (12)
2525+16 months under subdivision (6) to the house of representatives'
2526+17 standing committee that is responsible for government reduction.
2527+18 (8) Operate the Indiana small business development centers.
2528+19 (9) Maintain, through the small business development centers, a
2529+20 statewide network of public, private, and educational resources to
2530+21 inform, among other things, small businesses of the state and
2531+22 federal programs under which the businesses may obtain financial
2532+23 assistance or realize reduced costs through programs such as the
2533+24 small employer health insurance pooling program under
2534+25 IC 27-8-5-16(8).
2535+26 (b) The corporation may do the following to carry out this chapter:
2536+27 (1) Receive money from any source, enter into contracts, and
2537+28 expend money for any activities appropriate to its purpose.
2538+29 (2) Do all other things necessary or incidental to carrying out the
2539+30 corporation's functions under this chapter.
2540+31 (3) Establish programs to identify entrepreneurs with marketable
2541+32 ideas and to support the organization and development of new
2542+33 business enterprises, including technologically oriented
2543+34 enterprises.
2544+35 (4) Conduct conferences and seminars to provide entrepreneurs
2545+36 with access to individuals and organizations with specialized
2546+37 expertise.
2547+38 (5) Establish a statewide network of public, private, and
2548+39 educational resources to assist the organization and development
2549+40 of new enterprises.
2550+41 (6) Cooperate with public and private entities, including the
2551+42 Indiana Small Business Development Center Network and the
2552+EH 1050—LS 6050/DI 112 60
2553+1 federal government marketing program, in exercising the powers
2554+2 listed in this subsection.
2555+3 (7) Establish and administer the small and minority business
2556+4 financial assistance program under IC 5-28-20.
2557+5 (8) Approve and administer loans from the small business
2558+6 development fund established by IC 5-28-18.
2559+7 (9) Develop and administer programs to support the growth of
2560+8 small businesses.
2561+9 (10) Coordinate state funded programs that assist the organization
2562+10 and development of new enterprises.
2563+11 SECTION 73. IC 5-28-17-3, AS AMENDED BY P.L.145-2016,
2564+12 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2565+13 JULY 1, 2025]: Sec. 3. If the corporation maintains a small business
2566+14 division described in IC 5-28-5-6.5, the corporation shall provide free
2567+15 access to the office's services through:
2568+16 (1) a toll free telephone number; and
2569+17 (2) an Internet a web page maintained on the corporation's web
2570+18 site. website.
2571+19 SECTION 74. IC 5-28-28-5, AS AMENDED BY P.L.145-2016,
2572+20 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2573+21 JULY 1, 2025]: Sec. 5. (a) The corporation shall:
2574+22 (1) submit an economic incentives and compliance report to:
2575+23 (A) the governor; and
2576+24 (B) the legislative council in an electronic format under
2577+25 IC 5-14-6; and
2578+26 (2) publish the report on the corporation's Internet web site;
2579+27 website;
2580+28 on the schedule specified in subsection (b).
2581+29 (b) The corporation shall submit and publish before February 1 of
2582+30 each year an incentives and compliance report that provides updated
2583+31 information for active incentive agreements approved and awarded
2584+32 after January 1, 2005, through the immediately preceding calendar
2585+33 year.
2586+34 SECTION 75. IC 6-1.1-4-18.5, AS AMENDED BY P.L.236-2023,
2587+35 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2588+36 JULY 1, 2025]: Sec. 18.5. (a) A county assessor may not use the
2589+37 services of a professional appraiser for assessment or reassessment
2590+38 purposes without a written contract. The contract used must be either
2591+39 a standard contract developed by the department of local government
2592+40 finance or a contract that has been specifically approved by the
2593+41 department. The department shall ensure that the contract:
2594+42 (1) includes all of the provisions required under section 19.5(b)
2595+EH 1050—LS 6050/DI 112 61
2596+1 of this chapter; and
2597+2 (2) adequately provides for the creation and transmission of real
2598+3 property assessment data in the form required by the legislative
2599+4 services agency and the department.
2600+5 (b) No contract shall be made with any professional appraiser to act
2601+6 as technical advisor adviser in the assessment of property, before the
2602+7 giving of notice and the receiving of bids from anyone desiring to
2603+8 furnish this service. Notice of the time and place for receiving bids for
2604+9 the contract shall be given by publication by one (1) insertion in two
2605+10 (2) newspapers of general circulation published in the county and
2606+11 representing each of the two (2) leading political parties in the county.
2607+12 If only one (1) newspaper is there published, notice in that one (1)
2608+13 newspaper is sufficient to comply with the requirements of this
2609+14 subsection. The contract shall be awarded to the lowest and best bidder
2610+15 who meets all requirements under law for entering a contract to serve
2611+16 as technical advisor adviser in the assessment of property. However,
2612+17 any and all bids may be rejected, and new bids may be asked.
2613+18 (c) The county council of each county shall appropriate the funds
2614+19 needed to meet the obligations created by a professional appraisal
2615+20 services contract which is entered into under this chapter.
2616+21 (d) A county assessor who enters into a contract with a professional
2617+22 appraiser shall submit a contract to the department through the Indiana
2618+23 transparency Internet web site website in the manner prescribed by the
2619+24 department. The county shall upload the contract not later than thirty
2620+25 (30) days after execution of the contract.
2621+26 (e) The department may review any contracts uploaded under
2622+27 subsection (d) to ensure compliance with section 19.5 of this chapter.
2623+28 SECTION 76. IC 6-1.1-4-25, AS AMENDED BY P.L.174-2022,
2624+29 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2625+30 JULY 1, 2025]: Sec. 25. (a) Each township assessor and each county
2626+31 assessor shall keep the assessor's reassessment data and records current
2627+32 by securing the necessary field data and by making changes in the
2628+33 assessed value of real property as changes occur in the use of the real
2629+34 property. The township or county assessor's records shall at all times
2630+35 show the assessed value of real property in accordance with this
2631+36 chapter. The township assessor shall ensure that the county assessor
2632+37 has full access to the assessment records maintained by the township
2633+38 assessor.
2634+39 (b) The county assessor shall:
2635+40 (1) maintain an electronic data file of:
2636+41 (A) the parcel characteristics and parcel assessments of all
2637+42 parcels; and
2638+EH 1050—LS 6050/DI 112 62
2639+1 (B) the personal property return characteristics and
2640+2 assessments by return;
2641+3 for each township in the county as of each assessment date;
2642+4 (2) maintain the electronic file in a form that formats the
2643+5 information in the file with the standard data, field, and record
2644+6 coding required and approved by:
2645+7 (A) the legislative services agency; and
2646+8 (B) the department of local government finance;
2647+9 (3) provide electronic access to property record cards on the
2648+10 official county Internet web site; website; and
2649+11 (4) before September 1 of each year, transmit the data in the file
2650+12 with respect to the assessment date of that year to the department
2651+13 of local government finance.
2652+14 (c) The appropriate county officer, as designated by the county
2653+15 executive, shall:
2654+16 (1) maintain an electronic data file of the geographic information
2655+17 system characteristics of each parcel for each township in the
2656+18 county as of each assessment date;
2657+19 (2) maintain the electronic file in a form that formats the
2658+20 information in the file with the standard data, field, and record
2659+21 coding required and approved by the office of technology; and
2660+22 (3) before September 1 of each year, transmit the data in the file
2661+23 with respect to the assessment date of that year to the geographic
2662+24 information office of the office of technology.
2663+25 (d) An assessor under subsection (b) and an appropriate county
2664+26 officer under subsection (c) shall do the following:
2665+27 (1) Transmit the data in a manner that meets the data export and
2666+28 transmission requirements in a standard format, as prescribed by
2667+29 the office of technology established by IC 4-13.1-2-1 and
2668+30 approved by the legislative services agency.
2669+31 (2) Resubmit the data in the form and manner required under
2670+32 subsection (b) or (c) upon request of the legislative services
2671+33 agency, the department of local government finance, or the
2672+34 geographic information office of the office of technology, as
2673+35 applicable, if data previously submitted under subsection (b) or
2674+36 (c) does not comply with the requirements of subsection (b) or (c),
2675+37 as determined by the legislative services agency, the department
2676+38 of local government finance, or the geographic information office
2677+39 of the office of technology, as applicable.
2678+40 An electronic data file maintained for a particular assessment date may
2679+41 not be overwritten with data for a subsequent assessment date until a
2680+42 copy of an electronic data file that preserves the data for the particular
2681+EH 1050—LS 6050/DI 112 63
2682+1 assessment date is archived in the manner prescribed by the office of
2683+2 technology established by IC 4-13.1-2-1 and approved by the
2684+3 legislative services agency.
2685+4 SECTION 77. IC 6-1.1-5-2 IS AMENDED TO READ AS
2686+5 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) Except as
2687+6 provided in section 9 of this chapter, the county auditor may establish
2688+7 a real property index numbering system in order to list real property for
2689+8 purposes of the assessment and collection of taxes. The index
2690+9 numbering system may be used in addition to, or in lieu of, the method
2691+10 of listing real property otherwise provided by law. The index
2692+11 numbering system shall describe real property by county, township,
2693+12 block, and parcel or lot. The numbering system must be approved by
2694+13 the department of local government finance before it is implemented.
2695+14 (b) If an index numbering system is implemented in a county, the
2696+15 county auditor, except as provided in section 9 of this chapter, shall:
2697+16 (1) establish and maintain cross indexes of the numbers assigned
2698+17 under the system and the complete legal description of the real
2699+18 property to which the numbers are related;
2700+19 (2) assign individual index numbers which shall be carried on the
2701+20 assessment rolls, tax rolls, and tax statements;
2702+21 (3) keep the indexes established under this section open for public
2703+22 inspection; and
2704+23 (4) furnish all information concerning the index numbering
2705+24 system to the assessing officers of the county.
2706+25 (c) An index numbering system established under this section shall
2707+26 be implemented on a county-wide countywide basis.
2708+27 SECTION 78. IC 6-1.1-12-17.8, AS AMENDED BY P.L.156-2024,
2709+28 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2710+29 JULY 1, 2025]: Sec. 17.8. (a) An individual who receives a deduction
2711+30 provided under section 9, 11, 13, 14, 16, 17.4 (before its expiration), or
2712+31 37 of this chapter in a particular year and who remains eligible for the
2713+32 deduction in the following year is not required to file a statement to
2714+33 apply for the deduction in the following year. However, for purposes
2715+34 of a deduction under section 37 of this chapter, the county auditor may,
2716+35 in the county auditor's discretion, terminate the deduction for
2717+36 assessment dates after January 15, 2012, if the individual does not
2718+37 comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired January
2719+38 1, 2015), as determined by the county auditor, before January 1, 2013.
2720+39 Before the county auditor terminates the deduction because the
2721+40 taxpayer claiming the deduction did not comply with the requirement
2722+41 in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1,
2723+42 2013, the county auditor shall mail notice of the proposed termination
2724+EH 1050—LS 6050/DI 112 64
2725+1 of the deduction to:
2726+2 (1) the last known address of each person liable for any property
2727+3 taxes or special assessment, as shown on the tax duplicate or
2728+4 special assessment records; or
2729+5 (2) the last known address of the most recent owner shown in the
2730+6 transfer book.
2731+7 (b) An individual who receives a deduction provided under section
2732+8 9, 11, 13, 14, 16, or 17.4 (before its expiration) of this chapter in a
2733+9 particular year and who becomes ineligible for the deduction in the
2734+10 following year shall notify the auditor of the county in which the real
2735+11 property, mobile home, or manufactured home for which the individual
2736+12 claims the deduction is located of the individual's ineligibility in the
2737+13 year in which the individual becomes ineligible. An individual who
2738+14 becomes ineligible for a deduction under section 37 of this chapter
2739+15 shall notify the county auditor of the county in which the property is
2740+16 located in conformity with section 37 of this chapter.
2741+17 (c) The auditor of each county shall, in a particular year, apply a
2742+18 deduction provided under section 9, 11, 13, 14, 16, 17.4 (before its
2743+19 expiration), or 37 of this chapter to each individual who received the
2744+20 deduction in the preceding year unless the auditor determines that the
2745+21 individual is no longer eligible for the deduction.
2746+22 (d) An individual who receives a deduction provided under section
2747+23 9, 11, 13, 14, 16, 17.4 (before its expiration), or 37 of this chapter for
2748+24 property that is jointly held with another owner in a particular year and
2749+25 remains eligible for the deduction in the following year is not required
2750+26 to file a statement to reapply for the deduction following the removal
2751+27 of the joint owner if:
2752+28 (1) the individual is the sole owner of the property following the
2753+29 death of the individual's spouse; or
2754+30 (2) the individual is the sole owner of the property following the
2755+31 death of a joint owner who was not the individual's spouse.
2756+32 If a county auditor terminates a deduction under section 9 of this
2757+33 chapter, a deduction under section 37 of this chapter, or a credit under
2758+34 IC 6-1.1-20.6-8.5 after June 30, 2017, and before May 1, 2019, because
2759+35 the taxpayer claiming the deduction or credit did not comply with a
2760+36 requirement added to this subsection by P.L.255-2017 to reapply for
2761+37 the deduction or credit, the county auditor shall reinstate the deduction
2762+38 or credit if the taxpayer provides proof that the taxpayer is eligible for
2763+39 the deduction or credit and is not claiming the deduction or credit for
2764+40 any other property.
2765+41 (e) A trust entitled to a deduction under section 9, 11, 13, 14, 16,
2766+42 17.4 (before its expiration), or 37 of this chapter for real property
2767+EH 1050—LS 6050/DI 112 65
2768+1 owned by the trust and occupied by an individual in accordance with
2769+2 section 17.9 of this chapter is not required to file a statement to apply
2770+3 for the deduction, if:
2771+4 (1) the individual who occupies the real property receives a
2772+5 deduction provided under section 9, 11, 13, 14, 16, 17.4 (before
2773+6 its expiration), or 37 of this chapter in a particular year; and
2774+7 (2) the trust remains eligible for the deduction in the following
2775+8 year.
2776+9 However, for purposes of a deduction under section 37 of this chapter,
2777+10 the individuals that qualify the trust for a deduction must comply with
2778+11 the requirement in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015)
2779+12 before January 1, 2013.
2780+13 (f) A cooperative housing corporation (as defined in 26 U.S.C. 216)
2781+14 that is entitled to a deduction under section 37 of this chapter in the
2782+15 immediately preceding calendar year for a homestead (as defined in
2783+16 section 37 of this chapter) is not required to file a statement to apply for
2784+17 the deduction for the current calendar year if the cooperative housing
2785+18 corporation remains eligible for the deduction for the current calendar
2786+19 year. However, the county auditor may, in the county auditor's
2787+20 discretion, terminate the deduction for assessment dates after January
2788+21 15, 2012, if the individual does not comply with the requirement in
2789+22 IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015), as determined by the
2790+23 county auditor, before January 1, 2013. Before the county auditor
2791+24 terminates a deduction because the taxpayer claiming the deduction did
2792+25 not comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired
2793+26 January 1, 2015) before January 1, 2013, the county auditor shall mail
2794+27 notice of the proposed termination of the deduction to:
2795+28 (1) the last known address of each person liable for any property
2796+29 taxes or special assessment, as shown on the tax duplicate or
2797+30 special assessment records; or
2798+31 (2) the last known address of the most recent owner shown in the
2799+32 transfer book.
2800+33 (g) An individual who:
2801+34 (1) was eligible for a homestead credit under IC 6-1.1-20.9
2802+35 (repealed) for property taxes imposed for the March 1, 2007, or
2803+36 January 15, 2008, assessment date; or
2804+37 (2) would have been eligible for a homestead credit under
2805+38 IC 6-1.1-20.9 (repealed) for property taxes imposed for the March
2806+39 1, 2008, or January 15, 2009, assessment date if IC 6-1.1-20.9 had
2807+40 not been repealed;
2808+41 is not required to file a statement to apply for a deduction under section
2809+42 37 of this chapter if the individual remains eligible for the deduction in
2810+EH 1050—LS 6050/DI 112 66
2811+1 the current year. An individual who filed for a homestead credit under
2812+2 IC 6-1.1-20.9 (repealed) for an assessment date after March 1, 2007 (if
2813+3 the property is real property), or after January 1, 2008 (if the property
2814+4 is personal property), shall be treated as an individual who has filed for
2815+5 a deduction under section 37 of this chapter. However, the county
2816+6 auditor may, in the county auditor's discretion, terminate the deduction
2817+7 for assessment dates after January 15, 2012, if the individual does not
2818+8 comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired January
2819+9 1, 2015), as determined by the county auditor, before January 1, 2013.
2820+10 Before the county auditor terminates the deduction because the
2821+11 taxpayer claiming the deduction did not comply with the requirement
2822+12 in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1,
2823+13 2013, the county auditor shall mail notice of the proposed termination
2824+14 of the deduction to the last known address of each person liable for any
2825+15 property taxes or special assessment, as shown on the tax duplicate or
2826+16 special assessment records, or to the last known address of the most
2827+17 recent owner shown in the transfer book.
2828+18 (h) If a county auditor terminates a deduction because the taxpayer
2829+19 claiming the deduction did not comply with the requirement in
2830+20 IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1, 2013,
2831+21 the county auditor shall reinstate the deduction if the taxpayer provides
2832+22 proof that the taxpayer is eligible for the deduction and is not claiming
2833+23 the deduction for any other property.
2834+24 (i) A taxpayer described in section 37(q) 37(r) of this chapter is not
2835+25 required to file a statement to apply for the deduction provided by
2836+26 section 37 of this chapter if the property owned by the taxpayer remains
2837+27 eligible for the deduction for that calendar year.
2838+28 SECTION 79. IC 6-1.1-12-37, AS AMENDED BY P.L.156-2024,
2839+29 SECTION 11, AND AS AMENDED BY P.L.136-2024, SECTION 14,
2840+30 IS CORRECTED AND AMENDED TO READ AS FOLLOWS
2841+31 [EFFECTIVE JULY 1, 2025]: Sec. 37. (a) The following definitions
2842+32 apply throughout this section:
2843+33 (1) "Dwelling" means any of the following:
2844+34 (A) Residential real property improvements that an individual
2845+35 uses as the individual's residence, limited to a single house and
2846+36 a single garage, regardless of whether the single garage is
2847+37 attached to the single house or detached from the single house.
2848+38 (B) A mobile home that is not assessed as real property that an
2849+39 individual uses as the individual's residence.
2850+40 (C) A manufactured home that is not assessed as real property
2851+41 that an individual uses as the individual's residence.
2852+42 (2) "Homestead" means an individual's principal place of
2853+EH 1050—LS 6050/DI 112 67
2854+1 residence:
2855+2 (A) that is located in Indiana;
2856+3 (B) that:
2857+4 (i) the individual owns;
2858+5 (ii) the individual is buying under a contract recorded in the
2859+6 county recorder's office, or evidenced by a memorandum of
2860+7 contract recorded in the county recorder's office under
2861+8 IC 36-2-11-20, that provides that the individual is to pay the
2862+9 property taxes on the residence, and that obligates the owner
2863+10 to convey title to the individual upon completion of all of the
2864+11 individual's contract obligations;
2865+12 (iii) the individual is entitled to occupy as a
2866+13 tenant-stockholder (as defined in 26 U.S.C. 216) of a
2867+14 cooperative housing corporation (as defined in 26 U.S.C.
2868+15 216); or
2869+16 (iv) is a residence described in section 17.9 of this chapter
2870+17 that is owned by a trust if the individual is an individual
2871+18 described in section 17.9 of this chapter; and
2872+19 (C) that consists of a dwelling and includes up to one (1) acre
2873+20 of land immediately surrounding that dwelling, and any of the
2874+21 following improvements:
2875+22 (i) Any number of decks, patios, gazebos, or pools.
2876+23 (ii) One (1) additional building that is not part of the
2877+24 dwelling if the building is predominantly used for a
2878+25 residential purpose and is not used as an investment property
2879+26 or as a rental property.
2880+27 (iii) One (1) additional residential yard structure other than
2881+28 a deck, patio, gazebo, or pool.
2882+29 Except as provided in subsection (q), (r), the term does not
2883+30 include property owned by a corporation, partnership, limited
2884+31 liability company, or other entity not described in this
2885+32 subdivision.
2886+33 (b) Each year a homestead is eligible for a standard deduction from
2887+34 the assessed value of the homestead for an assessment date. Except as
2888+35 provided in subsection (m), (n), the deduction provided by this section
2889+36 applies to property taxes first due and payable for an assessment date
2890+37 only if an individual has an interest in the homestead described in
2891+38 subsection (a)(2)(B) on:
2892+39 (1) the assessment date; or
2893+40 (2) any date in the same year after an assessment date that a
2894+41 statement is filed under subsection (e) or section 44 of this
2895+42 chapter, if the property consists of real property.
2896+EH 1050—LS 6050/DI 112 68
2897+1 If more than one (1) individual or entity qualifies property as a
2898+2 homestead under subsection (a)(2)(B) for an assessment date, only one
2899+3 (1) standard deduction from the assessed value of the homestead may
2900+4 be applied for the assessment date. Subject to subsection (c), the
2901+5 auditor of the county shall record and make the deduction for the
2902+6 individual or entity qualifying for the deduction.
2903+7 (c) Except as provided in section 40.5 of this chapter, the total
2904+8 amount of the deduction that a person may receive under this section
2905+9 for a particular year is the lesser of:
2906+10 (1) sixty percent (60%) of the assessed value of the real property,
2907+11 mobile home not assessed as real property, or manufactured home
2908+12 not assessed as real property; or
2909+13 (2) for assessment dates:
2910+14 (A) before January 1, 2023, forty-five thousand dollars
2911+15 ($45,000); or
2912+16 (B) after December 31, 2022, forty-eight thousand dollars
2913+17 ($48,000).
2914+18 (d) A person who has sold real property, a mobile home not assessed
2915+19 as real property, or a manufactured home not assessed as real property
2916+20 to another person under a contract that provides that the contract buyer
2917+21 is to pay the property taxes on the real property, mobile home, or
2918+22 manufactured home may not claim the deduction provided under this
2919+23 section with respect to that real property, mobile home, or
2920+24 manufactured home.
2921+25 (e) Except as provided in sections 17.8 and 44 of this chapter and
2922+26 subject to section 45 of this chapter, an individual who desires to claim
2923+27 the deduction provided by this section must file a certified statement,
2924+28 on forms prescribed by the department of local government finance,
2925+29 with the auditor of the county in which the homestead is located. The
2926+30 statement must include:
2927+31 (1) the parcel number or key number of the property and the name
2928+32 of the city, town, or township in which the property is located;
2929+33 (2) the name of any other location in which the applicant or the
2930+34 applicant's spouse owns, is buying, or has a beneficial interest in
2931+35 residential real property;
2932+36 (3) the names of:
2933+37 (A) the applicant and the applicant's spouse (if any):
2934+38 (i) as the names appear in the records of the United States
2935+39 Social Security Administration for the purposes of the
2936+40 issuance of a Social Security card and Social Security
2937+41 number; or
2938+42 (ii) that they use as their legal names when they sign their
2939+EH 1050—LS 6050/DI 112 69
2940+1 names on legal documents;
2941+2 if the applicant is an individual; or
2942+3 (B) each individual who qualifies property as a homestead
2943+4 under subsection (a)(2)(B) and the individual's spouse (if any):
2944+5 (i) as the names appear in the records of the United States
2945+6 Social Security Administration for the purposes of the
2946+7 issuance of a Social Security card and Social Security
2947+8 number; or
2948+9 (ii) that they use as their legal names when they sign their
2949+10 names on legal documents;
2950+11 if the applicant is not an individual; and
2951+12 (4) either:
2952+13 (A) the last five (5) digits of the applicant's Social Security
2953+14 number and the last five (5) digits of the Social Security
2954+15 number of the applicant's spouse (if any); or
2955+16 (B) if the applicant or the applicant's spouse (if any) does not
2956+17 have a Social Security number, any of the following for that
2957+18 individual:
2958+19 (i) The last five (5) digits of the individual's driver's license
2959+20 number.
2960+21 (ii) The last five (5) digits of the individual's state
2961+22 identification card number.
2962+23 (iii) The last five (5) digits of a preparer tax identification
2963+24 number that is obtained by the individual through the
2964+25 Internal Revenue Service of the United States.
2965+26 (iv) If the individual does not have a driver's license, a state
2966+27 identification card, or an Internal Revenue Service preparer
2967+28 tax identification number, the last five (5) digits of a control
2968+29 number that is on a document issued to the individual by the
2969+30 United States government.
2970+31 If a form or statement provided to the county auditor under this section,
2971+32 IC 6-1.1-22-8.1, or IC 6-1.1-22.5-12 includes the telephone number or
2972+33 part or all of the Social Security number of a party or other number
2973+34 described in subdivision (4)(B) of a party, the telephone number and
2974+35 the Social Security number or other number described in subdivision
2975+36 (4)(B) included are confidential. The statement may be filed in person
2976+37 or by mail. If the statement is mailed, the mailing must be postmarked
2977+38 on or before the last day for filing. The statement applies for that first
2978+39 year and any succeeding year for which the deduction is allowed. To
2979+40 obtain the deduction for a desired calendar year in which property
2980+41 taxes are first due and payable, the statement must be completed and
2981+42 dated in the immediately preceding calendar year and filed with the
2982+EH 1050—LS 6050/DI 112 70
2983+1 county auditor on or before January 5 of the calendar year in which
2984+2 the property taxes are first due and payable.
2985+3 (f) To obtain the deduction for a desired calendar year under this
2986+4 section in which property taxes are first due and payable, the
2987+5 individual desiring to claim the deduction must do the following as
2988+6 applicable:
2989+7 (1) Complete, date, and file the certified statement described in
2990+8 subsection (e) on or before January 15 of the calendar year in
2991+9 which the property taxes are first due and payable.
2992+10 (2) Satisfy any recording requirements on or before January 15
2993+11 of the calendar year in which the property taxes are first due and
2994+12 payable for a homestead described in subsection (a)(2).
2995+13 (f) (g) Except as provided in subsection (k), (l), if a person who is
2996+14 receiving, or seeks to receive, the deduction provided by this section in
2997+15 the person's name:
2998+16 (1) changes the use of the individual's property so that part or all
2999+17 of the property no longer qualifies for the deduction under this
3000+18 section; or
3001+19 (2) is not eligible for a deduction under this section because the
3002+20 person is already receiving:
3003+21 (A) a deduction under this section in the person's name as an
3004+22 individual or a spouse; or
3005+23 (B) a deduction under the law of another state that is
3006+24 equivalent to the deduction provided by this section;
3007+25 the person must file a certified statement with the auditor of the county,
3008+26 notifying the auditor of the person's ineligibility, not more than sixty
3009+27 (60) days after the date of the change in eligibility. A person who fails
3010+28 to file the statement required by this subsection may, under
3011+29 IC 6-1.1-36-17, be liable for any additional taxes that would have been
3012+30 due on the property if the person had filed the statement as required by
3013+31 this subsection plus a civil penalty equal to ten percent (10%) of the
3014+32 additional taxes due. The civil penalty imposed under this subsection
3015+33 is in addition to any interest and penalties for a delinquent payment that
3016+34 might otherwise be due. One percent (1%) of the total civil penalty
3017+35 collected under this subsection shall be transferred by the county to the
3018+36 department of local government finance for use by the department in
3019+37 establishing and maintaining the homestead property data base under
3020+38 subsection (i) (j) and, to the extent there is money remaining, for any
3021+39 other purposes of the department. This amount becomes part of the
3022+40 property tax liability for purposes of this article.
3023+41 (g) (h) The department of local government finance may adopt rules
3024+42 or guidelines concerning the application for a deduction under this
3025+EH 1050—LS 6050/DI 112 71
3026+1 section.
3027+2 (h) (i) This subsection does not apply to property in the first year for
3028+3 which a deduction is claimed under this section if the sole reason that
3029+4 a deduction is claimed on other property is that the individual or
3030+5 married couple maintained a principal residence at the other property
3031+6 on the assessment date in the same year in which an application for a
3032+7 deduction is filed under this section or, if the application is for a
3033+8 homestead that is assessed as personal property, on the assessment date
3034+9 in the immediately preceding year and the individual or married couple
3035+10 is moving the individual's or married couple's principal residence to the
3036+11 property that is the subject of the application. Except as provided in
3037+12 subsection (k), (l), the county auditor may not grant an individual or a
3038+13 married couple a deduction under this section if:
3039+14 (1) the individual or married couple, for the same year, claims the
3040+15 deduction on two (2) or more different applications for the
3041+16 deduction; and
3042+17 (2) the applications claim the deduction for different property.
3043+18 (i) (j) The department of local government finance shall provide
3044+19 secure access to county auditors to a homestead property data base that
3045+20 includes access to the homestead owner's name and the numbers
3046+21 required from the homestead owner under subsection (e)(4) for the sole
3047+22 purpose of verifying whether an owner is wrongly claiming a deduction
3048+23 under this chapter or a credit under IC 6-1.1-20.4, IC 6-1.1-20.6, or
3049+24 IC 6-3.6-5 (after December 31, 2016). Each county auditor shall submit
3050+25 data on deductions applicable to the current tax year on or before
3051+26 March 15 of each year in a manner prescribed by the department of
3052+27 local government finance.
3053+28 (j) (k) A county auditor may require an individual to provide
3054+29 evidence proving that the individual's residence is the individual's
3055+30 principal place of residence as claimed in the certified statement filed
3056+31 under subsection (e). The county auditor may limit the evidence that an
3057+32 individual is required to submit to a state income tax return, a valid
3058+33 driver's license, or a valid voter registration card showing that the
3059+34 residence for which the deduction is claimed is the individual's
3060+35 principal place of residence. The county auditor may not deny an
3061+36 application filed under section 44 of this chapter because the applicant
3062+37 does not have a valid driver's license or state identification card with
3063+38 the address of the homestead property. The department of local
3064+39 government finance shall work with county auditors to develop
3065+40 procedures to determine whether a property owner that is claiming a
3066+41 standard deduction or homestead credit is not eligible for the standard
3067+42 deduction or homestead credit because the property owner's principal
3068+EH 1050—LS 6050/DI 112 72
3069+1 place of residence is outside Indiana.
3070+2 (k) (l) A county auditor shall grant an individual a deduction under
3071+3 this section regardless of whether the individual and the individual's
3072+4 spouse claim a deduction on two (2) different applications and each
3073+5 application claims a deduction for different property if the property
3074+6 owned by the individual's spouse is located outside Indiana and the
3075+7 individual files an affidavit with the county auditor containing the
3076+8 following information:
3077+9 (1) The names of the county and state in which the individual's
3078+10 spouse claims a deduction substantially similar to the deduction
3079+11 allowed by this section.
3080+12 (2) A statement made under penalty of perjury that the following
3081+13 are true:
3082+14 (A) That the individual and the individual's spouse maintain
3083+15 separate principal places of residence.
3084+16 (B) That neither the individual nor the individual's spouse has
3085+17 an ownership interest in the other's principal place of
3086+18 residence.
3087+19 (C) That neither the individual nor the individual's spouse has,
3088+20 for that same year, claimed a standard or substantially similar
3089+21 deduction for any property other than the property maintained
3090+22 as a principal place of residence by the respective individuals.
3091+23 A county auditor may require an individual or an individual's spouse to
3092+24 provide evidence of the accuracy of the information contained in an
3093+25 affidavit submitted under this subsection. The evidence required of the
3094+26 individual or the individual's spouse may include state income tax
3095+27 returns, excise tax payment information, property tax payment
3096+28 information, driver driver's license information, and voter registration
3097+29 information.
3098+30 (l) (m) If:
3099+31 (1) a property owner files a statement under subsection (e) to
3100+32 claim the deduction provided by this section for a particular
3101+33 property; and
3102+34 (2) the county auditor receiving the filed statement determines
3103+35 that the property owner's property is not eligible for the deduction;
3104+36 the county auditor shall inform the property owner of the county
3105+37 auditor's determination in writing. If a property owner's property is not
3106+38 eligible for the deduction because the county auditor has determined
3107+39 that the property is not the property owner's principal place of
3108+40 residence, the property owner may appeal the county auditor's
3109+41 determination as provided in IC 6-1.1-15. The county auditor shall
3110+42 inform the property owner of the owner's right to appeal when the
3111+EH 1050—LS 6050/DI 112 73
3112+1 county auditor informs the property owner of the county auditor's
3113+2 determination under this subsection.
3114+3 (m) (n) An individual is entitled to the deduction under this section
3115+4 for a homestead for a particular assessment date if:
3116+5 (1) either:
3117+6 (A) the individual's interest in the homestead as described in
3118+7 subsection (a)(2)(B) is conveyed to the individual after the
3119+8 assessment date, but within the calendar year in which the
3120+9 assessment date occurs; or
3121+10 (B) the individual contracts to purchase the homestead after
3122+11 the assessment date, but within the calendar year in which the
3123+12 assessment date occurs;
3124+13 (2) on the assessment date:
3125+14 (A) the property on which the homestead is currently located
3126+15 was vacant land; or
3127+16 (B) the construction of the dwelling that constitutes the
3128+17 homestead was not completed; and
3129+18 (3) either:
3130+19 (A) the individual files the certified statement required by
3131+20 subsection (e); or
3132+21 (B) a sales disclosure form that meets the requirements of
3133+22 section 44 of this chapter is submitted to the county assessor
3134+23 on or before December 31 of the calendar year for the
3135+24 individual's purchase of the homestead.
3136+25 An individual who satisfies the requirements of subdivisions (1)
3137+26 through (3) is entitled to the deduction under this section for the
3138+27 homestead for the assessment date, even if on the assessment date the
3139+28 property on which the homestead is currently located was vacant land
3140+29 or the construction of the dwelling that constitutes the homestead was
3141+30 not completed. The county auditor shall apply the deduction for the
3142+31 assessment date and for the assessment date in any later year in which
3143+32 the homestead remains eligible for the deduction. A homestead that
3144+33 qualifies for the deduction under this section as provided in this
3145+34 subsection is considered a homestead for purposes of section 37.5 of
3146+35 this chapter and IC 6-1.1-20.6.
3147+36 (n) (o) This subsection applies to an application for the deduction
3148+37 provided by this section that is filed for an assessment date occurring
3149+38 after December 31, 2013. Notwithstanding any other provision of this
3150+39 section, an individual buying a mobile home that is not assessed as real
3151+40 property or a manufactured home that is not assessed as real property
3152+41 under a contract providing that the individual is to pay the property
3153+42 taxes on the mobile home or manufactured home is not entitled to the
3154+EH 1050—LS 6050/DI 112 74
3155+1 deduction provided by this section unless the parties to the contract
3156+2 comply with IC 9-17-6-17.
3157+3 (o) (p) This subsection:
3158+4 (1) applies to an application for the deduction provided by this
3159+5 section that is filed for an assessment date occurring after
3160+6 December 31, 2013; and
3161+7 (2) does not apply to an individual described in subsection (n).
3162+8 (o).
3163+9 The owner of a mobile home that is not assessed as real property or a
3164+10 manufactured home that is not assessed as real property must attach a
3165+11 copy of the owner's title to the mobile home or manufactured home to
3166+12 the application for the deduction provided by this section.
3167+13 (p) (q) For assessment dates after 2013, the term "homestead"
3168+14 includes property that is owned by an individual who:
3169+15 (1) is serving on active duty in any branch of the armed forces of
3170+16 the United States;
3171+17 (2) was ordered to transfer to a location outside Indiana; and
3172+18 (3) was otherwise eligible, without regard to this subsection, for
3173+19 the deduction under this section for the property for the
3174+20 assessment date immediately preceding the transfer date specified
3175+21 in the order described in subdivision (2).
3176+22 For property to qualify under this subsection for the deduction provided
3177+23 by this section, the individual described in subdivisions (1) through (3)
3178+24 must submit to the county auditor a copy of the individual's transfer
3179+25 orders or other information sufficient to show that the individual was
3180+26 ordered to transfer to a location outside Indiana. The property continues
3181+27 to qualify for the deduction provided by this section until the individual
3182+28 ceases to be on active duty, the property is sold, or the individual's
3183+29 ownership interest is otherwise terminated, whichever occurs first.
3184+30 Notwithstanding subsection (a)(2), the property remains a homestead
3185+31 regardless of whether the property continues to be the individual's
3186+32 principal place of residence after the individual transfers to a location
3187+33 outside Indiana. The property continues to qualify as a homestead
3188+34 under this subsection if the property is leased while the individual is
3189+35 away from Indiana and is serving on active duty, if the individual has
3190+36 lived at the property at any time during the past ten (10) years.
3191+37 Otherwise, the property ceases to qualify as a homestead under this
3192+38 subsection if the property is leased while the individual is away from
3193+39 Indiana. Property that qualifies as a homestead under this subsection
3194+40 shall also be construed as a homestead for purposes of section 37.5 of
3195+41 this chapter.
3196+42 (q) (r) As used in this section, "homestead" includes property that
3197+EH 1050—LS 6050/DI 112 75
3198+1 satisfies each of the following requirements:
3199+2 (1) The property is located in Indiana and consists of a dwelling
3200+3 and includes up to one (1) acre of land immediately surrounding
3201+4 that dwelling, and any of the following improvements:
3202+5 (A) Any number of decks, patios, gazebos, or pools.
3203+6 (B) One (1) additional building that is not part of the dwelling
3204+7 if the building is predominately used for a residential purpose
3205+8 and is not used as an investment property or as a rental
3206+9 property.
3207+10 (C) One (1) additional residential yard structure other than a
3208+11 deck, patio, gazebo, or pool.
3209+12 (2) The property is the principal place of residence of an
3210+13 individual.
3211+14 (3) The property is owned by an entity that is not described in
3212+15 subsection (a)(2)(B).
3213+16 (4) The individual residing on the property is a shareholder,
3214+17 partner, or member of the entity that owns the property.
3215+18 (5) The property was eligible for the standard deduction under
3216+19 this section on March 1, 2009.
3217+20 SECTION 80. IC 6-1.1-20-3.6, AS AMENDED BY P.L.136-2024,
3218+21 SECTION 25, AND AS AMENDED BY P.L.156-2024, SECTION 17,
3219+22 IS CORRECTED AND AMENDED TO READ AS FOLLOWS
3220+23 [EFFECTIVE JULY 1, 2025]: Sec. 3.6. (a) Except as provided in
3221+24 sections 3.7 and 3.8 of this chapter, this section applies only to a
3222+25 controlled project described in section 3.5(a) of this chapter.
3223+26 (b) In the case of a controlled project:
3224+27 (1) described in section 3.5(a)(1)(A) through 3.5(a)(1)(C) of this
3225+28 chapter, if a sufficient petition requesting the application of the
3226+29 local public question process has been filed as set forth in section
3227+30 3.5 of this chapter; or
3228+31 (2) described in section 3.5(a)(1)(D) 3.5(a)(1)(E) of this chapter
3229+32 (before its expiration);
3230+33 a political subdivision may not impose property taxes to pay debt
3231+34 service on bonds or lease rentals on a lease for a controlled project
3232+35 unless the political subdivision's proposed debt service or lease rental
3233+36 is approved in an election on a local public question held under this
3234+37 section.
3235+38 (c) Except as provided in subsection (k), the following question
3236+39 shall be submitted to the eligible voters at the election conducted under
3237+40 this section:
3238+41 "Shall ________ (insert the name of the political subdivision)
3239+42 increase property taxes paid to the _______ (insert the type of
3240+EH 1050—LS 6050/DI 112 76
3241+1 taxing unit) by homeowners and businesses? If this public
3242+2 question is approved by the voters, the average property tax paid
3243+3 to the _______ (insert the type of taxing unit) per year on a
3244+4 residence would increase by ______% (insert the estimated
3245+5 average percentage of property tax increase paid to the political
3246+6 subdivision on a residence within the political subdivision as
3247+7 determined under subsection (n)) and the average property tax
3248+8 paid to the _____ (insert the type of taxing unit) per year on a
3249+9 business property would increase by ______% (insert the
3250+10 estimated average percentage of property tax increase paid to the
3251+11 political subdivision on a business property within the political
3252+12 subdivision as determined under subsection (o)). The political
3253+13 subdivision may issue bonds or enter into a lease to ________
3254+14 (insert a brief description of the controlled project), which is
3255+15 estimated to cost _______ (insert the total cost of the project)
3256+16 over ______ (insert number of years to bond maturity or
3257+17 termination of lease) years. The most recent property tax
3258+18 referendum within the boundaries of the political subdivision for
3259+19 which this public question is being considered was proposed by
3260+20 ________ (insert name of political subdivision) in ______ (insert
3261+21 year of most recent property tax referendum) and ________
3262+22 (insert whether the measure passed or failed).".
3263+23 The public question must appear on the ballot in the form approved by
3264+24 the county election board. If the political subdivision proposing to issue
3265+25 bonds or enter into a lease is located in more than one (1) county, the
3266+26 county election board of each county shall jointly approve the form of
3267+27 the public question that will appear on the ballot in each county. The
3268+28 form approved by the county election board may differ from the
3269+29 language certified to the county election board by the county auditor.
3270+30 If the county election board approves the language of a public question
3271+31 under this subsection, the county election board shall submit the
3272+32 language and the certification of the county auditor described in
3273+33 subsection (p) to the department of local government finance for
3274+34 review.
3275+35 (d) The department of local government finance shall review the
3276+36 language of the public question to evaluate whether the description of
3277+37 the controlled project is accurate and is not biased against either a vote
3278+38 in favor of the controlled project or a vote against the controlled
3279+39 project. The department of local government finance shall post the
3280+40 estimated average percentage of property tax increases to be paid to a
3281+41 political subdivision on a residence and business property that are
3282+42 certified by the county auditor under subsection (p) on the department's
3283+EH 1050—LS 6050/DI 112 77
3284+1 Internet web site. website. The department of local government finance
3285+2 may either approve the ballot language as submitted or recommend that
3286+3 the ballot language be modified as necessary to ensure that the
3287+4 description of the controlled project is accurate and is not biased. The
3288+5 department of local government finance shall certify its approval or
3289+6 recommendations to the county auditor and the county election board
3290+7 not more than ten (10) days after both the certification of the county
3291+8 auditor described in subsection (p) and the language of the public
3292+9 question is are submitted to the department for review. If the
3293+10 department of local government finance recommends a modification to
3294+11 the ballot language, the county election board shall, after reviewing the
3295+12 recommendations of the department of local government finance,
3296+13 submit modified ballot language to the department for the department's
3297+14 approval or recommendation of any additional modifications. The
3298+15 public question may not be certified by the county auditor under
3299+16 subsection (e) unless the department of local government finance has
3300+17 first certified the department's final approval of the ballot language for
3301+18 the public question.
3302+19 (e) The county auditor shall certify the finally approved public
3303+20 question under IC 3-10-9-3 to the county election board of each county
3304+21 in which the political subdivision is located. The certification must
3305+22 occur not later than noon:
3306+23 (1) seventy-four (74) days before a primary election if the public
3307+24 question is to be placed on the primary or municipal primary
3308+25 election ballot; or
3309+26 (2) August 1 if the public question is to be placed on the general
3310+27 or municipal election ballot.
3311+28 Subject to the certification requirements and deadlines under this
3312+29 subsection and except as provided in subsection (j), the public question
3313+30 shall be placed on the ballot at the next primary election, general
3314+31 election, or municipal election in which all voters of the political
3315+32 subdivision are entitled to vote. However, if a primary election, general
3316+33 election, or municipal election will not be held during the first year in
3317+34 which the public question is eligible to be placed on the ballot under
3318+35 this section and if the political subdivision requests the public question
3319+36 to be placed on the ballot at a special election, the public question shall
3320+37 be placed on the ballot at a special election to be held on the first
3321+38 Tuesday after the first Monday in May or November of the year. The
3322+39 certification must occur not later than noon seventy-four (74) days
3323+40 before a special election to be held in May (if the special election is to
3324+41 be held in May) or noon on August 1 (if the special election is to be
3325+42 held in November). The fiscal body of the political subdivision that
3326+EH 1050—LS 6050/DI 112 78
3327+1 requests the special election shall pay the costs of holding the special
3328+2 election. The county election board shall give notice under IC 5-3-1 of
3329+3 a special election conducted under this subsection. A special election
3330+4 conducted under this subsection is under the direction of the county
3331+5 election board. The county election board shall take all steps necessary
3332+6 to carry out the special election.
3333+7 (f) The circuit court clerk shall certify the results of the public
3334+8 question to the following:
3335+9 (1) The county auditor of each county in which the political
3336+10 subdivision is located.
3337+11 (2) The department of local government finance.
3338+12 (g) Subject to the requirements of IC 6-1.1-18.5-8, the political
3339+13 subdivision may issue the proposed bonds or enter into the proposed
3340+14 lease rental if a majority of the eligible voters voting on the public
3341+15 question vote in favor of the public question.
3342+16 (h) If a majority of the eligible voters voting on the public question
3343+17 vote in opposition to the public question, both of the following apply:
3344+18 (1) The political subdivision may not issue the proposed bonds or
3345+19 enter into the proposed lease rental.
3346+20 (2) Another public question under this section on the same or a
3347+21 substantially similar project may not be submitted to the voters
3348+22 earlier than:
3349+23 (A) except as provided in clause (B), seven hundred (700)
3350+24 days after the date of the public question; or
3351+25 (B) three hundred fifty (350) days after the date of the election,
3352+26 if a petition that meets the requirements of subsection (m) is
3353+27 submitted to the county auditor.
3354+28 (i) IC 3, to the extent not inconsistent with this section, applies to an
3355+29 election held under this section.
3356+30 (j) A political subdivision may not divide a controlled project in
3357+31 order to avoid the requirements of this section and section 3.5 of this
3358+32 chapter. A person that owns property within a political subdivision or
3359+33 a person that is a registered voter residing within a political subdivision
3360+34 may file a petition with the department of local government finance
3361+35 objecting that the political subdivision has divided a controlled project
3362+36 into two (2) or more capital projects in order to avoid the requirements
3363+37 of this section and section 3.5 of this chapter. The petition must be filed
3364+38 not more than ten (10) days after the political subdivision gives notice
3365+39 of the political subdivision's decision under section 3.5 of this chapter
3366+40 or a determination under section 5 of this chapter to issue bonds or
3367+41 enter into leases for a capital project that the person believes is the
3368+42 result of a division of a controlled project that is prohibited by this
3369+EH 1050—LS 6050/DI 112 79
3370+1 subsection. If the department of local government finance receives a
3371+2 petition under this subsection, the department shall not later than thirty
3372+3 (30) days after receiving the petition make a final determination on the
3373+4 issue of whether the political subdivision divided a controlled project
3374+5 in order to avoid the requirements of this section and section 3.5 of this
3375+6 chapter. If the department of local government finance determines that
3376+7 a political subdivision divided a controlled project in order to avoid the
3377+8 requirements of this section and section 3.5 of this chapter and the
3378+9 political subdivision continues to desire to proceed with the project, the
3379+10 political subdivision may appeal the determination of the department
3380+11 of local government finance to the Indiana board of tax review. A
3381+12 political subdivision shall be considered to have divided a capital
3382+13 project in order to avoid the requirements of this section and section
3383+14 3.5 of this chapter if the result of one (1) or more of the subprojects
3384+15 cannot reasonably be considered an independently desirable end in
3385+16 itself without reference to another capital project. This subsection does
3386+17 not prohibit a political subdivision from undertaking a series of capital
3387+18 projects in which the result of each capital project can reasonably be
3388+19 considered an independently desirable end in itself without reference
3389+20 to another capital project.
3390+21 (k) This subsection applies to a political subdivision for which a
3391+22 petition requesting a public question has been submitted under section
3392+23 3.5 of this chapter. The legislative body (as defined in IC 36-1-2-9) of
3393+24 the political subdivision may adopt a resolution to withdraw a
3394+25 controlled project from consideration in a public question. If the
3395+26 legislative body provides a certified copy of the resolution to the county
3396+27 auditor and the county election board not later than sixty-three (63)
3397+28 days before the election at which the public question would be on the
3398+29 ballot, the public question on the controlled project shall not be placed
3399+30 on the ballot and the public question on the controlled project shall not
3400+31 be held, regardless of whether the county auditor has certified the
3401+32 public question to the county election board. If the withdrawal of a
3402+33 public question under this subsection requires the county election
3403+34 board to reprint ballots, the political subdivision withdrawing the
3404+35 public question shall pay the costs of reprinting the ballots. If a political
3405+36 subdivision withdraws a public question under this subsection that
3406+37 would have been held at a special election and the county election
3407+38 board has printed the ballots before the legislative body of the political
3408+39 subdivision provides a certified copy of the withdrawal resolution to
3409+40 the county auditor and the county election board, the political
3410+41 subdivision withdrawing the public question shall pay the costs
3411+42 incurred by the county in printing the ballots. If a public question on a
3412+EH 1050—LS 6050/DI 112 80
3413+1 controlled project is withdrawn under this subsection, a public question
3414+2 under this section on the same controlled project or a substantially
3415+3 similar controlled project may not be submitted to the voters earlier
3416+4 than three hundred fifty (350) days after the date the resolution
3417+5 withdrawing the public question is adopted.
3418+6 (l) If a public question regarding a controlled project is placed on
3419+7 the ballot to be voted on at an election under this section, the political
3420+8 subdivision shall submit to the department of local government finance,
3421+9 at least thirty (30) days before the election, the following information
3422+10 regarding the proposed controlled project for posting on the
3423+11 department's Internet web site: website:
3424+12 (1) The cost per square foot of any buildings being constructed as
3425+13 part of the controlled project.
3426+14 (2) The effect that approval of the controlled project would have
3427+15 on the political subdivision's property tax rate.
3428+16 (3) The maximum term of the bonds or lease.
3429+17 (4) The maximum principal amount of the bonds or the maximum
3430+18 lease rental for the lease.
3431+19 (5) The estimated interest rates that will be paid and the total
3432+20 interest costs associated with the bonds or lease.
3433+21 (6) The purpose of the bonds or lease.
3434+22 (7) In the case of a controlled project proposed by a school
3435+23 corporation:
3436+24 (A) the current and proposed square footage of school building
3437+25 space per student;
3438+26 (B) enrollment patterns within the school corporation; and
3439+27 (C) the age and condition of the current school facilities.
3440+28 (m) If a majority of the eligible voters voting on the public question
3441+29 vote in opposition to the public question, a petition may be submitted
3442+30 to the county auditor to request that the limit under subsection
3443+31 (h)(2)(B) apply to the holding of a subsequent public question by the
3444+32 political subdivision. If such a petition is submitted to the county
3445+33 auditor and is signed by the lesser of:
3446+34 (1) five hundred (500) persons who are either owners of property
3447+35 within the political subdivision or registered voters residing
3448+36 within the political subdivision; or
3449+37 (2) five percent (5%) of the registered voters residing within the
3450+38 political subdivision;
3451+39 the limit under subsection (h)(2)(B) applies to the holding of a second
3452+40 public question by the political subdivision and the limit under
3453+41 subsection (h)(2)(A) does not apply to the holding of a second public
3454+42 question by the political subdivision.
3455+EH 1050—LS 6050/DI 112 81
3456+1 (n) At the request of a political subdivision that proposes to impose
3457+2 property taxes to pay debt service on bonds or lease rentals on a lease
3458+3 for a controlled project, the county auditor of a county in which the
3459+4 political subdivision is located shall determine the estimated average
3460+5 percentage of property tax increase on a homestead to be paid to the
3461+6 political subdivision that must be included in the public question under
3462+7 subsection (c) as follows:
3463+8 STEP ONE: Determine the average assessed value of a homestead
3464+9 located within the political subdivision.
3465+10 STEP TWO: For purposes of determining the net assessed value
3466+11 of the average homestead located within the political subdivision,
3467+12 subtract:
3468+13 (A) an amount for the homestead standard deduction under
3469+14 IC 6-1.1-12-37 as if the homestead described in STEP ONE
3470+15 was eligible for the deduction; and
3471+16 (B) an amount for the supplemental homestead deduction
3472+17 under IC 6-1.1-12-37.5 as if the homestead described in STEP
3473+18 ONE was eligible for the deduction;
3474+19 from the result of STEP ONE.
3475+20 STEP THREE: Divide the result of STEP TWO by one hundred
3476+21 (100).
3477+22 STEP FOUR: Determine the overall average tax rate per one
3478+23 hundred dollars ($100) of assessed valuation for the current year
3479+24 imposed on property located within the political subdivision.
3480+25 STEP FIVE: For purposes of determining net property tax liability
3481+26 of the average homestead located within the political subdivision:
3482+27 (A) multiply the result of STEP THREE by the result of STEP
3483+28 FOUR; and
3484+29 (B) as appropriate, apply any currently applicable county
3485+30 property tax credit rates and the credit for excessive property
3486+31 taxes under IC 6-1.1-20.6-7.5(a)(1).
3487+32 STEP SIX: Determine the amount of the political subdivision's
3488+33 part of the result determined in STEP FIVE.
3489+34 STEP SEVEN: Determine the estimated tax rate that will be
3490+35 imposed if the public question is approved by the voters.
3491+36 STEP EIGHT: Multiply the result of STEP SEVEN by the result
3492+37 of STEP THREE.
3493+38 STEP NINE: Divide the result of STEP EIGHT by the result of
3494+39 STEP SIX, expressed as a percentage.
3495+40 (o) At the request of a political subdivision that proposes to impose
3496+41 property taxes to pay debt service on bonds or lease rentals on a lease
3497+42 for a controlled project, the county auditor of a county in which the
3498+EH 1050—LS 6050/DI 112 82
3499+1 political subdivision is located shall determine the estimated average
3500+2 percentage of property tax increase on a business property to be paid
3501+3 to the political subdivision that must be included in the public question
3502+4 under subsection (c) as follows:
3503+5 STEP ONE: Determine the average assessed value of business
3504+6 property located within the political subdivision.
3505+7 STEP TWO: Divide the result of STEP ONE by one hundred
3506+8 (100).
3507+9 STEP THREE: Determine the overall average tax rate per one
3508+10 hundred dollars ($100) of assessed valuation for the current year
3509+11 imposed on property located within the political subdivision.
3510+12 STEP FOUR: For purposes of determining net property tax
3511+13 liability of the average business property located within the
3512+14 political subdivision:
3513+15 (A) multiply the result of STEP TWO by the result of STEP
3514+16 THREE; and
3515+17 (B) as appropriate, apply any currently applicable county
3516+18 property tax credit rates and the credit for excessive property
3517+19 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
3518+20 was three percent (3%).
3519+21 STEP FIVE: Determine the amount of the political subdivision's
3520+22 part of the result determined in STEP FOUR.
3521+23 STEP SIX: Determine the estimated tax rate that will be imposed
3522+24 if the public question is approved by the voters.
3523+25 STEP SEVEN: Multiply the result of STEP TWO by the result of
3524+26 STEP SIX.
3525+27 STEP EIGHT: Divide the result of STEP SEVEN by the result of
3526+28 STEP FIVE, expressed as a percentage.
3527+29 (p) The county auditor shall certify the estimated average
3528+30 percentage of property tax increase on a homestead to be paid to the
3529+31 political subdivision determined under subsection (n), and the
3530+32 estimated average percentage of property tax increase on a business
3531+33 property to be paid to the political subdivision determined under
3532+34 subsection (o), in a manner prescribed by the department of local
3533+35 government finance, and provide the certification to the political
3534+36 subdivision that proposes to impose property taxes. The political
3535+37 subdivision shall provide the certification to the county election board
3536+38 and include the estimated average percentages in the language of the
3537+39 public question at the time the language of the public question is
3538+40 submitted to the county election board for approval as described in
3539+41 subsection (c).
3540+42 SECTION 81. IC 6-1.1-20-10, AS AMENDED BY P.L.60-2020,
3541+EH 1050—LS 6050/DI 112 83
3542+1 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3543+2 JULY 1, 2025]: Sec. 10. (a) This section applies to:
3544+3 (1) a political subdivision that adopts an ordinance or a resolution
3545+4 making a preliminary determination to issue bonds or enter into
3546+5 a lease; and
3547+6 (2) any other political subdivision that has assessed value within
3548+7 the same taxing district as the political subdivision described in
3549+8 subdivision (1).
3550+9 (b) Except as otherwise provided in this section, during the period
3551+10 commencing with the adoption of the ordinance or resolution and, if a
3552+11 petition and remonstrance process is commenced under section 3.2 of
3553+12 this chapter, continuing through the sixty (60) day period commencing
3554+13 with the notice under section 3.2(b)(1) of this chapter, the political
3555+14 subdivision seeking to issue bonds or enter into a lease for the proposed
3556+15 controlled project, or any other political subdivision that has assessed
3557+16 value within the same taxing district, may not promote a position on the
3558+17 petition or remonstrance by doing any of the following:
3559+18 (1) Using facilities or equipment, including mail and messaging
3560+19 systems, owned by the political subdivision to promote a position
3561+20 on the petition or remonstrance, unless equal access to the
3562+21 facilities or equipment is given to persons with a position opposite
3563+22 to that of the political subdivision.
3564+23 (2) Making an expenditure of money from a fund controlled by
3565+24 the political subdivision to promote a position on the petition or
3566+25 remonstrance or to pay for the gathering of signatures on a
3567+26 petition or remonstrance. This subdivision does not prohibit a
3568+27 political subdivision from making an expenditure of money to an
3569+28 attorney, an architect, a registered professional engineer, a
3570+29 construction manager, or a financial adviser for professional
3571+30 services provided with respect to a controlled project.
3572+31 (3) Using an employee to promote a position on the petition or
3573+32 remonstrance during the employee's normal working hours or paid
3574+33 overtime, or otherwise compelling an employee to promote a
3575+34 position on the petition or remonstrance at any time. However, if
3576+35 a person described in subsection (f) (g) is advocating for or
3577+36 against a position on the petition or remonstrance or discussing
3578+37 the petition or remonstrance as authorized under subsection (f),
3579+38 (g), an employee of the political subdivision may assist the person
3580+39 in presenting information on the petition or remonstrance, if
3581+40 requested to do so by the person described in subsection (f). (g).
3582+41 (4) In the case of a school corporation, promoting a position on a
3583+42 petition or remonstrance by:
3584+EH 1050—LS 6050/DI 112 84
3585+1 (A) using students to transport written materials to their
3586+2 residences or in any way involving students in a school
3587+3 organized promotion of a position;
3588+4 (B) including a statement within another communication sent
3589+5 to the students' residences; or
3590+6 (C) initiating discussion of the petition and remonstrance
3591+7 process at a meeting between a teacher and parents of a
3592+8 student regarding the student's performance or behavior at
3593+9 school. However, if the parents initiate a discussion of the
3594+10 petition and remonstrance process at the meeting, the teacher
3595+11 may acknowledge the issue and direct the parents to a source
3596+12 of factual information on the petition and remonstrance
3597+13 process.
3598+14 However, this section does not prohibit an official or employee of the
3599+15 political subdivision from carrying out duties with respect to a petition
3600+16 or remonstrance that are part of the normal and regular conduct of the
3601+17 official's or employee's office or agency, including the furnishing of
3602+18 factual information regarding the petition and remonstrance in response
3603+19 to inquiries from any person.
3604+20 (b) (c) A person may not solicit or collect signatures for a petition
3605+21 or remonstrance on property owned or controlled by the political
3606+22 subdivision.
3607+23 (c) (d) The staff and employees of a school corporation may not
3608+24 personally identify a student as the child of a parent or guardian who
3609+25 supports or opposes a petition or remonstrance.
3610+26 (d) (e) This subsection does not apply to:
3611+27 (1) a personal expenditure to promote a position on a petition and
3612+28 remonstrance by an employee of a school corporation whose
3613+29 employment is governed by a collective bargaining contract or an
3614+30 employment contract; or
3615+31 (2) an expenditure to promote a position on a petition and
3616+32 remonstrance by a person or an organization that has a contract or
3617+33 an arrangement with the school corporation solely for the use of
3618+34 the school corporation's facilities.
3619+35 A person or an organization that has a contract or an arrangement
3620+36 (whether formal or informal) with a school corporation to provide
3621+37 goods or services to the school corporation may not spend any money
3622+38 to promote a position on the petition or remonstrance. A person or an
3623+39 organization that violates this subsection commits a Class A infraction.
3624+40 (e) (f) An attorney, an architect, a registered professional engineer,
3625+41 a construction manager, or a financial adviser for professional services
3626+42 provided with respect to a controlled project may not spend any money
3627+EH 1050—LS 6050/DI 112 85
3628+1 to promote a position on the petition or remonstrance. A person who
3629+2 violates this subsection:
3630+3 (1) commits a Class A infraction; and
3631+4 (2) is barred from performing any services with respect to the
3632+5 controlled project.
3633+6 (f) (g) Notwithstanding any other law, an elected or appointed
3634+7 public official of the political subdivision (including any school board
3635+8 member and school corporation superintendent), a school corporation
3636+9 assistant superintendent, or a chief school business official of a school
3637+10 corporation may at any time:
3638+11 (1) personally advocate for or against a position on the petition or
3639+12 remonstrance; or
3640+13 (2) discuss the petition or remonstrance with any individual,
3641+14 group, or organization or personally advocate for or against a
3642+15 position on the petition or remonstrance before any individual,
3643+16 group, or organization;
3644+17 so long as it is not done by using public funds. Advocacy or discussion
3645+18 allowed under this subsection is not considered a use of public funds.
3646+19 However, this subsection does not authorize or apply to advocacy or
3647+20 discussion by a school board member, superintendent, assistant
3648+21 superintendent, or school business official to or with students that
3649+22 occurs during the regular school day.
3650+23 (g) (h) Nothing in this section shall be construed to prevent a
3651+24 political subdivision that has assessed value within the same taxing
3652+25 district as the political subdivision described in subsection (a) from
3653+26 adopting a resolution or taking a position on the local public question.
3654+27 SECTION 82. IC 6-1.1-20.6-11, AS AMENDED BY P.L.137-2012,
3655+28 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3656+29 JULY 1, 2025]: Sec. 11. The department of local government finance
3657+30 shall annually publish a report on its Internet web site website that lists
3658+31 the amount that each taxing unit's distribution of property taxes will be
3659+32 reduced under section 9.5 of this chapter as a result of the granting of
3660+33 the credits.
3661+34 SECTION 83. IC 6-1.1-23.5-11, AS ADDED BY P.L.235-2017,
3662+35 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3663+36 JULY 1, 2025]: Sec. 11. (a) This section applies to a request for
3664+37 information in an alternative form under this chapter in those
3665+38 circumstances in which a county treasurer may omit descriptions of
3666+39 mobile homes from a published notice of sale under this chapter if the
3667+40 county treasurer makes the information available on the Internet web
3668+41 site website of the county government or the county government's
3669+42 contractor and in an alternative form upon request.
3670+EH 1050—LS 6050/DI 112 86
3671+1 (b) A person who requests information in an alternative form
3672+2 concerning descriptions of mobile homes to which this section applies
3673+3 may specify whether the person prefers to receive the information in an
3674+4 electronic format, on a digital storage medium, or in printed form. A
3675+5 county treasurer who has a duty under this chapter to make the
3676+6 information available in an alternative form upon request shall furnish
3677+7 the information in the alternative form specified by the requesting
3678+8 person.
3679+9 SECTION 84. IC 6-1.1-24-1.5, AS AMENDED BY P.L.99-2018,
3680+10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3681+11 JULY 1, 2025]: Sec. 1.5. (a) If:
3682+12 (1) any property taxes or special assessments from the prior year's
3683+13 fall installment or before are delinquent on real property as
3684+14 determined under IC 6-1.1-37-10; and
3685+15 (2) an order from a court or a determination of a hearing authority
3686+16 has been obtained under IC 36-7-37 that the real property is
3687+17 vacant or abandoned;
3688+18 the executive of the county, city, or town may, after providing either the
3689+19 notice required by IC 36-7-37 or section 2.3 of this chapter, certify a
3690+20 list of vacant or abandoned property to the county auditor and attach
3691+21 copies of any orders for necessary repairs for any properties on the list.
3692+22 This list and the attached copies of orders for necessary repairs must be
3693+23 delivered to the county auditor not later than fifty-one (51) days after
3694+24 the first tax payment due date each calendar year.
3695+25 (b) Upon receiving lists described in subsection (a), the county
3696+26 auditor shall do all the following:
3697+27 (1) Prepare a combined list of the properties certified by the
3698+28 executive of the county, city, or town.
3699+29 (2) Delete any property described in that list from the delinquent
3700+30 tax list prepared under section 1 of this chapter.
3701+31 (3) Provide public notice of the sale of the properties under
3702+32 subsection (c) at least thirty (30) days before the date of the sale,
3703+33 which shall be published in accordance with IC 5-3-1, and post a
3704+34 copy of the notice at a public place of posting in the county
3705+35 courthouse or in another public county building at least
3706+36 twenty-one (21) days before the date of sale.
3707+37 (4) Certify to the county treasurer that the real property is to be
3708+38 sold at auction under this chapter as required by section 5(h) of
3709+39 this chapter.
3710+40 (5) Issue a deed to the real property that conveys a fee simple
3711+41 interest to the highest bidder as long as the bid is at least the
3712+42 minimum bid specified in this section.
3713+EH 1050—LS 6050/DI 112 87
3714+1 The minimum bid for a property at the auction under this section is the
3715+2 proportionate share of the actual costs incurred by the county in
3716+3 conducting the sale. Any amount collected from the sale of all
3717+4 properties under this section above the total minimum bids shall first
3718+5 be used to pay the costs of the county, city, or town that certified the
3719+6 property vacant or abandoned for title search and court proceedings.
3720+7 Any amount remaining from the sale shall be certified by the county
3721+8 treasurer to the county auditor for distribution to other taxing units
3722+9 during settlement.
3723+10 (c) Notice of the sale under this section must contain the following:
3724+11 (1) A list of real property eligible for sale under this chapter.
3725+12 (2) A statement that:
3726+13 (A) the real property included in the list will be sold at public
3727+14 auction to the highest bidder;
3728+15 (B) the county auditor will issue a deed to the real property
3729+16 that conveys a fee simple interest to the highest bidder that
3730+17 bids at least the minimum bid; and
3731+18 (C) the owner will have no right to redeem the real property
3732+19 after the date of the sale.
3733+20 A deed issued under this subdivision to the highest bidder
3734+21 conveys the same fee simple interest in the real property as a deed
3735+22 issued under IC 6-1.1-25.
3736+23 (3) A statement that the real property will not be sold for less than
3737+24 an amount equal to actual proportionate costs incurred by the
3738+25 county that are directly attributable to the abandoned property
3739+26 sale.
3740+27 (4) A statement for informational purposes only, describing for
3741+28 each item of real property on the list:
3742+29 (A) the location of the item of real property by key number, if
3743+30 any, and street address, if any, or a common description of the
3744+31 property other than a legal description;
3745+32 (B) whether there are one (1) or more orders to make
3746+33 necessary repairs on the real property; and
3747+34 (C) where information can be found regarding the orders to
3748+35 make necessary repairs for the real property, if any.
3749+36 The township assessor, or the county assessor if there is no
3750+37 township assessor for the township, upon written request from the
3751+38 county auditor, shall provide the information to be in the notice
3752+39 required by this subsection. A misstatement in the key number or
3753+40 street address does not invalidate an otherwise valid sale.
3754+41 (5) A statement that the county does not warrant the accuracy of
3755+42 the street address or common description of the property.
3756+EH 1050—LS 6050/DI 112 88
3757+1 (6) A statement that the sale will be conducted at a place
3758+2 designated in the notice and that the sale will continue until all
3759+3 real property has been offered for sale.
3760+4 (7) A statement that the sale will take place at the times and dates
3761+5 designated in the notice.
3762+6 Whenever the public auction is to be conducted as an electronic sale,
3763+7 the notice must include a statement indicating that the public auction
3764+8 will be conducted as an electronic sale and a description of the
3765+9 procedures that must be followed to participate in the electronic sale.
3766+10 (d) For properties that are not sold when initially offered for sale
3767+11 under this section, the county auditor may omit from the notice the
3768+12 descriptions of the tracts or items of real property specified in
3769+13 subsection (c)(1) and (c)(4) for those properties that are to be offered
3770+14 again at subsequent sales under this section if:
3771+15 (1) the county auditor includes in the notice a statement that
3772+16 descriptions of those tracts or items of real property are available
3773+17 on the Internet web site website of the county government or the
3774+18 county government's contractor and the information may be
3775+19 obtained in an alternative form from the county auditor upon
3776+20 request; and
3777+21 (2) the descriptions of those tracts or items of real property
3778+22 eligible for sale a second or subsequent time under this section are
3779+23 made available on the Internet web site website of the county
3780+24 government or the county government's contractor and may be
3781+25 obtained from the county auditor in an alternative form upon
3782+26 request in accordance with section 3.4 of this chapter.
3783+27 SECTION 85. IC 6-1.1-24-3.4, AS ADDED BY P.L.187-2016,
3784+28 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3785+29 JULY 1, 2025]: Sec. 3.4. (a) This section applies to a request for
3786+30 information in an alternative form under this chapter in those
3787+31 circumstances in which a county auditor or county executive may omit
3788+32 descriptions of tracts or items of real property from a published notice
3789+33 of sale or other transfer under this chapter if the county auditor or
3790+34 county executive, as applicable, makes the information available on the
3791+35 Internet web site website of the county government or the county
3792+36 government's contractor and in an alternative form upon request.
3793+37 (b) A person who requests information in an alternative form
3794+38 concerning descriptions of tracts or items of real property to which this
3795+39 section applies may specify whether the person prefers to receive the
3796+40 information in an electronic format, on a digital storage medium, or in
3797+41 printed form. A county auditor or county executive, as applicable, who
3798+42 has a duty under this chapter to make the information available in an
3799+EH 1050—LS 6050/DI 112 89
3800+1 alternative form upon request shall furnish the information in the
3801+2 alternative form specified by the requesting person. The department of
3802+3 local government finance shall prescribe the allowable file formats
3803+4 when the information is requested in an electronic format or on a
3804+5 digital storage medium.
3805+6 SECTION 86. IC 6-1.1-24-4.5, AS AMENDED BY P.L.203-2013,
3806+7 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3807+8 JULY 1, 2025]: Sec. 4.5. (a) The county auditor shall also provide
3808+9 those agencies under IC 36-7-17 or IC 36-7-17.1, in that county, with
3809+10 a list of tracts or items of real property on which one (1) or more
3810+11 installments of taxes is delinquent by June 15 of the year following the
3811+12 date the delinquency occurred.
3812+13 (b) This subsection applies to a county having a consolidated city.
3813+14 The county auditor shall prepare a list of tracts or items of real
3814+15 properties for which at least one (1) installment of taxes is delinquent
3815+16 at least ten (10) months. The auditor shall submit a copy of this list to
3816+17 the metropolitan development commission not later than one hundred
3817+18 six (106) days before the date on which application for judgment and
3818+19 order for sale is made.
3819+20 (c) This subsection applies to a county not having a consolidated
3820+21 city. The county auditor shall prepare a list of tracts or items of real
3821+22 property located in the county for which the fall installment of taxes for
3822+23 the most recent previous year is delinquent. The auditor shall submit
3823+24 a copy of the list prepared under this subsection to each city or town
3824+25 within the county or make the list available on the county's Internet
3825+26 web site website not later than one hundred six (106) days before the
3826+27 date on which application for judgment and order for sale is made.
3827+28 SECTION 87. IC 6-1.1-24-6, AS AMENDED BY P.L.251-2015,
3828+29 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3829+30 JULY 1, 2025]: Sec. 6. (a) When a tract or an item of real property is
3830+31 offered for sale under this chapter and an amount is not received equal
3831+32 to or in excess of the minimum sale price prescribed in section 5 of this
3832+33 chapter, the county executive acquires a lien in the amount of the
3833+34 minimum sale price. This lien attaches on the day on which the tract or
3834+35 item was offered for sale.
3835+36 (b) When a county executive acquires a lien under this section, the
3836+37 county auditor shall issue a tax sale certificate to the county executive
3837+38 in the manner provided in section 9 of this chapter. The county auditor
3838+39 shall date the certificate the day that the county executive acquires the
3839+40 lien. When a county executive acquires a certificate under this section,
3840+41 the county executive has the same rights as a purchaser.
3841+42 (c) When a lien is acquired by a county executive under this section,
3842+EH 1050—LS 6050/DI 112 90
3843+1 no money shall be paid by the county executive. However, each of the
3844+2 taxing units having an interest in the taxes on the tract shall be charged
3845+3 with the full amount of all delinquent taxes due them.
3846+4 (d) Whenever a county executive acquires a lien under this section,
3847+5 the county auditor shall provide a list of the liens held by the county to
3848+6 the executive of a city or town who requests the list or post the list on
3849+7 the county's Internet web site website not later than thirty (30) days
3850+8 after the tax sale.
3851+9 SECTION 88. IC 6-1.1-24-6.7, AS AMENDED BY P.L.187-2016,
3852+10 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3853+11 JULY 1, 2025]: Sec. 6.7. (a) For purposes of this section, in a county
3854+12 containing a consolidated city "county executive" refers to the board of
3855+13 commissioners of the county as provided in IC 36-3-3-10.
3856+14 (b) A county executive may transfer to a nonprofit entity:
3857+15 (1) property under this section; or
3858+16 (2) a tax sale certificate under section 17 of this chapter.
3859+17 (c) As used in this section, "nonprofit entity" means an organization
3860+18 exempt from federal income taxation under 26 U.S.C. 501(c)(3).
3861+19 (d) The county executive may:
3862+20 (1) by resolution, identify the property described under section 6
3863+21 of this chapter that the county executive desires to transfer to
3864+22 nonprofit entities for use for the public good; and
3865+23 (2) set a date, time, and place for a public hearing to consider the
3866+24 transfer of the property to nonprofit entities.
3867+25 (e) Except as otherwise provided in subsection (f), notice of the
3868+26 property identified under subsection (d) and the date, time, and place
3869+27 for the hearing on the proposed transfer of the property on the list shall
3870+28 be published in accordance with IC 5-3-1. The notice must include a
3871+29 description of the property by:
3872+30 (1) legal description; and
3873+31 (2) parcel number or street address, or both.
3874+32 The notice must specify that the county executive will accept
3875+33 applications submitted by nonprofit entities as provided in subsection
3876+34 (h) and hear any opposition to a proposed transfer.
3877+35 (f) For properties or tax sale certificates that are not transferred
3878+36 when initially identified for transfer under this section, the county
3879+37 executive may omit from the notice the descriptions of the properties
3880+38 identified under subsection (d) if:
3881+39 (1) the county executive includes in the notice a statement that
3882+40 descriptions of those tracts or items of real property are available
3883+41 on the Internet web site website of the county government or the
3884+42 county government's contractor and the information may be
3885+EH 1050—LS 6050/DI 112 91
3886+1 obtained in an alternative form from the county executive upon
3887+2 request; and
3888+3 (2) the descriptions of those tracts or items of real property
3889+4 eligible for transfer under this section are made available on the
3890+5 Internet web site website of the county government or the county
3891+6 government's contractor and may be obtained from the county
3892+7 executive in an alternative form upon request in accordance with
3893+8 section 3.4 of this chapter.
3894+9 (g) After the hearing set under subsection (d), the county executive
3895+10 shall by resolution make a final determination concerning:
3896+11 (1) the properties that are to be transferred to a nonprofit entity;
3897+12 (2) the nonprofit entity to which each property is to be transferred;
3898+13 and
3899+14 (3) the terms and conditions of the transfer.
3900+15 (h) To be eligible to receive property under this section, a nonprofit
3901+16 entity must file an application with the county executive. The
3902+17 application must state the property that the nonprofit entity desires to
3903+18 acquire, the use to be made of the property, and the time period
3904+19 anticipated for implementation of the use. The application must be
3905+20 accompanied by documentation verifying the nonprofit status of the
3906+21 entity and be signed by an officer of the nonprofit entity. If more than
3907+22 one (1) application for a single property is filed, the county executive
3908+23 shall determine which application is to be accepted based on the
3909+24 benefit to be provided to the public and the neighborhood and the
3910+25 suitability of the stated use for the property and the surrounding area.
3911+26 (i) After the hearing set under subsection (d) and the final
3912+27 determination of properties to be transferred under subsection (g), the
3913+28 county executive, on behalf of the county, shall cause all delinquent
3914+29 taxes, special assessments, penalties, interest, and costs of sale to be
3915+30 removed from the tax duplicate and the nonprofit entity is entitled to a
3916+31 tax deed prepared by the county auditor, if the conditions of
3917+32 IC 6-1.1-25-4.5 and IC 6-1.1-25-4.6 are satisfied. The deed shall
3918+33 provide for:
3919+34 (1) the use to be made of the property;
3920+35 (2) the time within which the use must be implemented and
3921+36 maintained;
3922+37 (3) any other terms and conditions that are established by the
3923+38 county executive; and
3924+39 (4) the reversion of the property to the county executive if the
3925+40 grantee nonprofit entity fails to comply with the terms and
3926+41 conditions.
3927+42 If the grantee nonprofit entity fails to comply with the terms and
3928+EH 1050—LS 6050/DI 112 92
3929+1 conditions of the transfer and title to the property reverts to the county
3930+2 executive, the property may be retained by the county executive or
3931+3 disposed of under any of the provisions of this chapter or IC 6-1.1-25,
3932+4 or both.
3933+5 SECTION 89. IC 6-1.1-24-6.9, AS AMENDED BY P.L.187-2016,
3934+6 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3935+7 JULY 1, 2025]: Sec. 6.9. (a) For purposes of this section, in a county
3936+8 having a consolidated city, "county executive" refers to the board of
3937+9 commissioners of the county as provided in IC 36-3-3-10.
3938+10 (b) The county executive may:
3939+11 (1) by resolution, identify the property described in section 6 of
3940+12 this chapter that the county executive desires to transfer to a
3941+13 person able to satisfactorily repair and maintain the property, if
3942+14 repair and maintenance of the property are in the public interest;
3943+15 and
3944+16 (2) set a date, time, and place for a public hearing to consider the
3945+17 transfer of the property.
3946+18 (c) Notice of the property identified under subsection (b) and the
3947+19 date, time, and place for the hearing on the proposed transfer of the
3948+20 property shall be published in accordance with IC 5-3-1. The notice
3949+21 must include a description of the property by:
3950+22 (1) legal description; and
3951+23 (2) parcel number or street address, or both.
3952+24 The notice must specify that the county executive will accept
3953+25 applications submitted by persons able to satisfactorily repair and
3954+26 maintain the property as provided in subsection (f) and hear any
3955+27 opposition to a proposed transfer.
3956+28 (d) For properties that are not transferred when initially identified
3957+29 for transfer under this section, the county executive may omit from the
3958+30 notice the descriptions of the properties identified under subsection (b)
3959+31 if:
3960+32 (1) the county executive includes in the notice a statement that
3961+33 descriptions of those tracts or items of real property are available
3962+34 on the Internet web site website of the county government or the
3963+35 county government's contractor and the information may be
3964+36 obtained in an alternative form from the county executive upon
3965+37 request; and
3966+38 (2) the descriptions of those tracts or items of real property
3967+39 eligible for transfer under this section are made available on the
3968+40 Internet web site website of the county government or the county
3969+41 government's contractor and may be obtained from the county
3970+42 executive in an alternative form upon request in accordance with
3971+EH 1050—LS 6050/DI 112 93
3972+1 section 3.4 of this chapter.
3973+2 (e) After the hearing set under subsection (b), the county executive
3974+3 shall by resolution make a final determination concerning:
3975+4 (1) the properties that are to be transferred;
3976+5 (2) the person to which each property is to be transferred; and
3977+6 (3) the terms and conditions of the transfer.
3978+7 (f) To be eligible to receive a property under this section, a person
3979+8 must file an application with the county executive. The application
3980+9 must identify the property that the person desires to acquire, the use to
3981+10 be made of the property, and the time anticipated for implementation
3982+11 of the use. The application must be accompanied by documentation
3983+12 demonstrating the person's ability to satisfactorily repair and maintain
3984+13 the property, including evidence of the person's:
3985+14 (1) ability to repair and maintain the property personally, if
3986+15 applicable;
3987+16 (2) financial resources, if the services of a contractor may be
3988+17 required to satisfactorily repair or maintain the property; and
3989+18 (3) previous experience in repairing or maintaining property, if
3990+19 applicable.
3991+20 The application must be signed by the person. If more than one (1)
3992+21 application for a single property is filed, the county executive shall
3993+22 determine which application is to be accepted based on the benefit to
3994+23 be provided to the public and the neighborhood, the suitability of the
3995+24 stated use for the property and the surrounding area, and the likelihood
3996+25 that the person will satisfactorily repair and maintain the property. The
3997+26 county executive may require the person to pay a reasonable deposit or
3998+27 post a performance bond to be forfeited if the person does not
3999+28 satisfactorily repair and maintain the property.
4000+29 (g) After the hearing set under subsection (b) and the final
4001+30 determination of the properties to be transferred under subsection (e),
4002+31 the county executive, on behalf of the county, shall cause all delinquent
4003+32 taxes, special assessments, penalties, interest, and costs of sale to be
4004+33 removed from the tax duplicate and the person is entitled to a tax deed
4005+34 if the conditions of IC 6-1.1-25-4.5 and IC 6-1.1-25-4.6 are satisfied.
4006+35 The deed must provide for:
4007+36 (1) the use to be made of the property;
4008+37 (2) the time within which the use must be implemented and
4009+38 maintained;
4010+39 (3) any other terms and conditions that are established by the
4011+40 county executive;
4012+41 (4) the reversion of the property to the county executive if the
4013+42 grantee fails to comply with the terms and conditions; and
4014+EH 1050—LS 6050/DI 112 94
4015+1 (5) the forfeiture of any bond or deposit to the county executive
4016+2 if the grantee fails to comply with the terms and conditions.
4017+3 If the grantee fails to comply with the terms and conditions of the
4018+4 transfer and title to the property reverts to the county executive, the
4019+5 property may be retained by the county executive or disposed of under
4020+6 any of the provisions of this chapter or IC 6-1.1-25, or both.
4021+7 SECTION 90. IC 6-1.1-24-17, AS AMENDED BY P.L.85-2017,
4022+8 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4023+9 JULY 1, 2025]: Sec. 17. (a) For purposes of this section, in a county
4024+10 containing a consolidated city, "county executive" refers to the board
4025+11 of commissioners of the county as provided in IC 36-3-3-10.
4026+12 (b) As used in this section, "nonprofit entity" means an organization
4027+13 exempt from federal income taxation under 26 U.S.C. 501(c)(3).
4028+14 (c) The county executive may by resolution:
4029+15 (1) identify tax sale certificates issued under section 6 of this
4030+16 chapter that the county executive desires to assign to one (1) or
4031+17 more nonprofit entities; and
4032+18 (2) set a date, time, and place for a public hearing to consider the
4033+19 assignment of the tax sale certificates to the nonprofit entities.
4034+20 (d) Except as otherwise provided in subsection (e), notice of the tax
4035+21 sale certificates identified under subsection (c) and the date, time, and
4036+22 place for the hearing on the proposed transfer of the tax sale certificates
4037+23 on the list shall be published in accordance with IC 5-3-1. The notice
4038+24 must include a description of the properties associated with the tax sale
4039+25 certificates being considered for assignment by:
4040+26 (1) parcel number;
4041+27 (2) legal description; and
4042+28 (3) street address or other common description.
4043+29 The notice must specify that the county executive will hear any
4044+30 opposition to the proposed assignments.
4045+31 (e) For tax sale certificates that are not assigned when initially
4046+32 identified for assignment under this section, the county executive may
4047+33 omit from the notice the descriptions of the tax sale certificates and the
4048+34 properties associated with the tax sale certificates identified under
4049+35 subsection (c) if:
4050+36 (1) the county executive includes in the notice a statement that the
4051+37 descriptions of those tax sale certificates and the tracts or items of
4052+38 real property associated with the tax sale certificates are available
4053+39 on the Internet web site website of the county government or the
4054+40 county government's contractor and the information may be
4055+41 obtained from the county executive in an alternative form upon
4056+42 request in accordance with section 3.4 of this chapter; and
4057+EH 1050—LS 6050/DI 112 95
4058+1 (2) the descriptions of those tax sale certificates and the tracts or
4059+2 items of real property associated with the tax sale certificates are
4060+3 made available on the Internet web site website of the county
4061+4 government or the county government's contractor and may be
4062+5 obtained from the county executive in an alternative form upon
4063+6 request in accordance with section 3.4 of this chapter.
4064+7 (f) After the hearing set under subsection (c), the county executive
4065+8 shall by resolution make a final determination concerning:
4066+9 (1) the tax sale certificates that are to be assigned to a nonprofit
4067+10 entity;
4068+11 (2) the nonprofit entity to which each tax sale certificate is to be
4069+12 assigned; and
4070+13 (3) the terms and conditions of the assignment.
4071+14 (g) If a county executive assigns a tax sale certificate to a nonprofit
4072+15 entity under this section, the period of redemption of the real property
4073+16 under IC 6-1.1-25 expires one hundred twenty (120) days after the date
4074+17 of the assignment to the nonprofit entity. If a nonprofit entity takes
4075+18 assignment of a tax sale certificate under this section, the nonprofit
4076+19 entity acquires the same rights and obligations as a purchaser of a tax
4077+20 sale certificate under section 6.1 of this chapter.
4078+21 SECTION 91. IC 6-1.1-28-0.7, AS ADDED BY P.L.207-2016,
4079+22 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4080+23 JULY 1, 2025]: Sec. 0.7. The county assessor of the county responsible
4081+24 for administration of a multiple county property tax assessment board
4082+25 of appeals under section 0.5 of this chapter shall give notice of the
4083+26 time, date, place, and purpose of each annual session of the multiple
4084+27 county property tax assessment board of appeals. The county assessor
4085+28 shall give the notice two (2) weeks before the first meeting of the
4086+29 multiple county property tax assessment board of appeals by:
4087+30 (1) publication of the notice within the geographic area over
4088+31 which the multiple county property tax assessment board of
4089+32 appeals has jurisdiction in the same manner as political
4090+33 subdivisions subject to IC 5-3-1-4(e) are required to publish
4091+34 notice; and
4092+35 (2) posting of the notice on the county assessor's Internet web site.
4093+36 website.
4094+37 SECTION 92. IC 6-1.1-28-1, AS AMENDED BY P.L.156-2024,
4095+38 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4096+39 JULY 1, 2025]: Sec. 1. (a) This section applies only to a county that is
4097+40 not participating in a multiple county property tax assessment board of
4098+41 appeals.
4099+42 (b) Each county shall have a county property tax assessment board
4100+EH 1050—LS 6050/DI 112 96
4101+1 of appeals composed of individuals who are at least eighteen (18) years
4102+2 of age and knowledgeable in the valuation of property. At the election
4103+3 of the board of commissioners of the county, a county property tax
4104+4 assessment board of appeals may consist of three (3) or five (5)
4105+5 members appointed in accordance with this section.
4106+6 (c) This subsection applies to a county in which the board of
4107+7 commissioners elects to have a five (5) member county property tax
4108+8 assessment board of appeals. In addition to the county assessor, only
4109+9 one (1) other individual who is an officer or employee of a county or
4110+10 township may serve on the board of appeals in the county in which the
4111+11 individual is an officer or employee. Subject to subsections (h) and (i),
4112+12 the fiscal body of the county shall appoint two (2) individuals to the
4113+13 board. At least one (1) of the members appointed by the county fiscal
4114+14 body must be a certified level two or level three assessor-appraiser. The
4115+15 fiscal body may waive the requirement in this subsection that one (1)
4116+16 of the members appointed by the fiscal body must be a certified level
4117+17 two or level three assessor-appraiser. Subject to subsections (h) and (i),
4118+18 the board of commissioners of the county shall appoint three (3)
4119+19 freehold members so that not more than three (3) of the five (5)
4120+20 members may be of the same political party and so that at least three
4121+21 (3) of the five (5) members are residents of the county. At least one (1)
4122+22 of the members appointed by the board of county commissioners must
4123+23 be a certified level two or level three assessor-appraiser. The board of
4124+24 county commissioners may waive the requirement in this subsection
4125+25 that one (1) of the freehold members appointed by the board of county
4126+26 commissioners must be a certified level two or level three
4127+27 assessor-appraiser.
4128+28 (d) This subsection applies to a county in which the board of
4129+29 commissioners elects to have a three (3) member county property tax
4130+30 assessment board of appeals. In addition to the county assessor, only
4131+31 one (1) other individual who is an officer or employee of a county or
4132+32 township may serve on the board of appeals in the county in which the
4133+33 individual is an officer or employee. Subject to subsections (h) and (i),
4134+34 the fiscal body of the county shall appoint one (1) individual to the
4135+35 board. The member appointed by the county fiscal body must be a
4136+36 certified level two or level three assessor-appraiser. The fiscal body
4137+37 may waive the requirement in this subsection that the member
4138+38 appointed by the fiscal body must be a certified level two or level three
4139+39 assessor-appraiser. Subject to subsections (e) and (f), the board of
4140+40 commissioners of the county shall appoint two (2) freehold members
4141+41 so that not more than two (2) of the three (3) members may be of the
4142+42 same political party and so that at least two (2) of the three (3)
4143+EH 1050—LS 6050/DI 112 97
4144+1 members are residents of the county. At least one (1) of the members
4145+2 appointed by the board of county commissioners must be a certified
4146+3 level two or level three assessor-appraiser. The board of county
4147+4 commissioners may waive the requirement in this subsection that one
4148+5 (1) of the freehold members appointed by the board of county
4149+6 commissioners must be a certified level two or level three
4150+7 assessor-appraiser.
4151+8 (e) A person appointed to a property tax assessment board of
4152+9 appeals may serve on the property tax assessment board of appeals of
4153+10 another county at the same time. The members of the board shall elect
4154+11 a president. The employees of the county assessor shall provide
4155+12 administrative support to the property tax assessment board of appeals.
4156+13 The county assessor is a nonvoting member of the property tax
4157+14 assessment board of appeals. The county assessor shall serve as
4158+15 secretary of the board. The secretary shall keep full and accurate
4159+16 minutes of the proceedings of the board. A majority of the board
4160+17 constitutes a quorum for the transaction of business. Any question
4161+18 properly before the board may be decided by the agreement of a
4162+19 majority of the whole board.
4163+20 (f) The county assessor, county fiscal body, and board of county
4164+21 commissioners may agree to waive the requirement in subsection (c)
4165+22 or (d) that not more than three (3) of the five (5) or two (2) of the three
4166+23 (3) members of the county property tax assessment board of appeals
4167+24 may be of the same political party if it is necessary to waive the
4168+25 requirement due to the absence of certified level two or level three
4169+26 Indiana assessor-appraisers:
4170+27 (1) who are willing to serve on the board; and
4171+28 (2) whose political party membership status would satisfy the
4172+29 requirement in subsection (c) or (d).
4173+30 (g) If the board of county commissioners is not able to identify at
4174+31 least two (2) prospective freehold members of the county property tax
4175+32 assessment board of appeals who are:
4176+33 (1) residents of the county;
4177+34 (2) certified level two or level three Indiana assessor-appraisers;
4178+35 and
4179+36 (3) willing to serve on the county property tax assessment board
4180+37 of appeals;
4181+38 it is not necessary that at least three (3) of the five (5) or two (2) of the
4182+39 three (3) members of the county property tax assessment board of
4183+40 appeals be residents of the county.
4184+41 (h) Except as provided in subsection (i), the term of a member of the
4185+42 county property tax assessment board of appeals appointed under either
4186+EH 1050—LS 6050/DI 112 98
4187+1 subsection (c) or (d) shall:
4188+2 (1) be staggered so that the appointment of a majority of the board
4189+3 does not expire in any single year; and
4190+4 (2) begins begin January 1.
4191+5 (i) If:
4192+6 (1) the term of a member of the county property tax assessment
4193+7 board of appeals appointed under this section expires;
4194+8 (2) the member is not reappointed; and
4195+9 (3) a successor is not appointed;
4196+10 the term of the member continues until a successor is appointed.
4197+11 (j) An:
4198+12 (1) employee of the township assessor or county assessor; or
4199+13 (2) appraiser, as defined in IC 6-1.1-31.7-1;
4200+14 may not serve as a voting member of a county property tax assessment
4201+15 board of appeals in a county where the employee or appraiser is
4202+16 employed.
4203+17 SECTION 93. IC 6-1.1-28-6, AS AMENDED BY P.L.207-2016,
4204+18 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4205+19 JULY 1, 2025]: Sec. 6. This section applies to a county property tax
4206+20 assessment board of appeals established under section 1 of this chapter.
4207+21 The county assessor shall give notice of the time, place, and purpose of
4208+22 each annual session of the county property tax assessment board. The
4209+23 county assessor shall give the notice two (2) weeks before the first
4210+24 meeting of the board by:
4211+25 (1) the publication:
4212+26 (A) in two (2) newspapers of general circulation which are
4213+27 published in the county; or
4214+28 (B) in one (1) newspaper of general circulation published in
4215+29 the county if the requirements of clause (A) cannot be
4216+30 satisfied; and
4217+31 (2) the posting of the notice on the county assessor's Internet web
4218+32 site. website.
4219+33 SECTION 94. IC 6-2.5-3-10, AS ADDED BY P.L.229-2011,
4220+34 SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4221+35 JULY 1, 2025]: Sec. 10. The department shall publish on the
4222+36 department's web site website the information needed to communicate
4223+37 a person's obligation to remit use tax on the exercise of any right or
4224+38 power of ownership over tangible personal property in Indiana for
4225+39 which gross retail tax has not been paid, including purchases using the
4226+40 Internet or a catalog.
4227+41 SECTION 95. IC 6-2.5-3.5-15, AS AMENDED BY
4228+42 P.L.180-2022(ss), SECTION 6, IS AMENDED TO READ AS
4229+EH 1050—LS 6050/DI 112 99
4230+1 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) Before the
4231+2 twenty-second day of each month, the department shall determine and
4232+3 provide a notice of the gasoline use tax rate to be used during the
4233+4 following month and the source of the data used to determine the
4234+5 gasoline use tax rate and the statewide average retail price per gallon
4235+6 of gasoline. The notice shall be published on the department's Internet
4236+7 web site website in a departmental notice.
4237+8 (b) In determining the gasoline use tax rate under this section, the
4238+9 department shall use:
4239+10 (1) the statewide average retail price per gallon of gasoline (based
4240+11 on the retail price per gallon of gasoline from the sixteenth day of
4241+12 the previous month to the fifteenth day of the current month),
4242+13 excluding the Indiana gasoline tax, federal gasoline tax, the
4243+14 Indiana gasoline use tax, and Indiana gross retail tax (if any);
4244+15 multiplied by
4245+16 (2) seven percent (7%).
4246+17 To determine the statewide average retail price, the department shall
4247+18 use a data service that updates the most recent retail price of gasoline.
4248+19 The gasoline use tax rate per gallon of gasoline determined by the
4249+20 department under this section shall be rounded to the nearest one-tenth
4250+21 of one cent ($0.001).
4251+22 (c) Notwithstanding subsections (a) and (b), the gasoline use tax
4252+23 rate imposed on a transaction that occurs beginning on the first day
4253+24 following the enactment into law of this subsection and continuing
4254+25 through June 30, 2023, is the lesser of:
4255+26 (1) the monthly gasoline use tax rate per gallon of gasoline as
4256+27 determined by the department under subsections (a) and (b); or
4257+28 (2) twenty-nine and five-tenths cents ($0.295) per gallon of
4258+29 gasoline.
4259+30 This subsection expires July 1, 2023.
4260+31 SECTION 96. IC 6-2.5-3.5-17, AS ADDED BY P.L.227-2013,
4261+32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4262+33 JULY 1, 2025]: Sec. 17. (a) A distributor, refiner, or terminal operator
4263+34 desiring to receive gasoline within Indiana without paying the gasoline
4264+35 use tax must hold an uncanceled permit issued by the department to
4265+36 collect payments of gasoline use tax from purchasers and recipients of
4266+37 gasoline.
4267+38 (b) To obtain a permit, a distributor, refiner, or terminal operator
4268+39 must file with the department a sworn application containing
4269+40 information that the department reasonably requires.
4270+41 (c) The department may refuse to issue a permit to a distributor,
4271+42 refiner, or terminal operator if:
4272+EH 1050—LS 6050/DI 112 100
4273+1 (1) the application is filed by a distributor, refiner, or terminal
4274+2 operator whose permit has previously been canceled for cause;
4275+3 (2) the application is not filed in good faith, as determined by the
4276+4 department;
4277+5 (3) the application is filed by a person as a subterfuge for the real
4278+6 person in interest whose permit has previously been canceled for
4279+7 cause; or
4280+8 (4) the distributor, refiner, or terminal operator has outstanding
4281+9 tax liability with the department for which a tax warrant has been
4282+10 issued.
4283+11 (d) A permit may not be issued unless the application is
4284+12 accompanied by an audited and current financial statement and a
4285+13 license fee of one hundred dollars ($100).
4286+14 (e) A permit issued under this section is not assignable and is valid
4287+15 only for the distributor, refiner, or terminal operator in whose name it
4288+16 is issued. If there is a change in name or ownership, the distributor,
4289+17 refiner, or terminal operator must apply for a new permit.
4290+18 (f) The department may revoke a permit for good cause.
4291+19 (g) Before being denied a permit under subsection (c) or before
4292+20 having a permit revoked under subsection (f), a distributor, refiner, or
4293+21 terminal operator is entitled to a hearing after five (5) business days
4294+22 written notice. At the hearing, the distributor, refiner, or terminal
4295+23 operator may appear in person or by counsel and present testimony.
4296+24 (h) The department shall keep a record of all qualified distributors,
4297+25 refiners, and terminal operators.
4298+26 (i) The department may publish a list of qualified distributors on the
4299+27 department's Internet web site. website. The list must be limited to the
4300+28 following information:
4301+29 (1) The name of each qualified distributor.
4302+30 (2) The complete address of each qualified distributor.
4303+31 (3) The telephone number of each qualified distributor.
4304+32 (j) The information contained in a list published under subsection
4305+33 (i) is not confidential under IC 6-8.1-7-1.
4306+34 SECTION 97. IC 6-2.5-8-8, AS AMENDED BY P.L.137-2022,
4307+35 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4308+36 JULY 1, 2025]: Sec. 8. (a) A person, authorized under subsection (b),
4309+37 who makes a purchase in a transaction which is exempt from the state
4310+38 gross retail and use taxes, may issue an exemption certificate to the
4311+39 seller instead of paying the tax. Except as provided in subsection (c),
4312+40 the person shall issue the certificate on forms and in the manner
4313+41 prescribed by the department on the department's Internet web site.
4314+42 website. A seller accepting a proper exemption certificate under this
4315+EH 1050—LS 6050/DI 112 101
4316+1 section has no duty to collect or remit the state gross retail or use tax on
4317+2 that purchase.
4318+3 (b) The following are the only persons authorized to issue
4319+4 exemption certificates:
4320+5 (1) Retail merchants, wholesalers, and manufacturers, who are
4321+6 registered with the department under this chapter.
4322+7 (2) Persons who are exempt from the state gross retail tax under
4323+8 IC 6-2.5-4-5 and who receive an exemption certificate from the
4324+9 department.
4325+10 (3) Other persons who are exempt from the state gross retail tax
4326+11 with respect to any part of their purchases.
4327+12 (c) Organizations that are exempt from the state gross retail tax
4328+13 under IC 6-2.5-5-21, IC 6-2.5-5-25, or IC 6-2.5-5-26 and that are
4329+14 registered with the department pursuant to IC 6-2.5-5-25(c) shall be
4330+15 electronically issued an exemption certificate by the department.
4331+16 (d) The department may also allow a person to issue a blanket
4332+17 exemption certificate to cover exempt purchases over a stated period
4333+18 of time. The department may impose conditions on the use of the
4334+19 blanket exemption certificate and restrictions on the kind or category
4335+20 of purchases that are exempt.
4336+21 (e) A seller that accepts an incomplete exemption certificate under
4337+22 subsection (a) is not relieved of the duty to collect gross retail or use
4338+23 tax on the sale unless the seller obtains:
4339+24 (1) a fully completed exemption certificate; or
4340+25 (2) the relevant data to complete the exemption certificate;
4341+26 within ninety (90) days after the sale.
4342+27 (f) If a seller has accepted an incomplete exemption certificate
4343+28 under subsection (a) and the department requests that the seller
4344+29 substantiate the exemption, within one hundred twenty (120) days after
4345+30 the department makes the request the seller shall:
4346+31 (1) obtain a fully completed exemption certificate; or
4347+32 (2) prove by other means that the transaction was not subject to
4348+33 state gross retail or use tax.
4349+34 (g) A power subsidiary (as defined in IC 6-2.5-1-22.5) or a person
4350+35 selling the services or commodities listed in IC 6-2.5-4-5 who accepts
4351+36 an exemption certificate issued by the department to a person who is
4352+37 exempt from the state gross retail tax under IC 6-2.5-4-5 is relieved
4353+38 from the duty to collect state gross retail or use tax on the sale of the
4354+39 services or commodities listed in IC 6-2.5-4-5 until notified by the
4355+40 department that the exemption certificate has expired or has been
4356+41 revoked. If the department notifies a power subsidiary or a person
4357+42 selling the services or commodities listed in IC 6-2.5-4-5 that a person's
4358+EH 1050—LS 6050/DI 112 102
4359+1 exemption certificate has expired or has been revoked, the power
4360+2 subsidiary or person selling the services or commodities listed in
4361+3 IC 6-2.5-4-5 shall begin collecting state gross retail tax on the sale of
4362+4 the services or commodities listed in IC 6-2.5-4-5 to the person whose
4363+5 exemption certificate has expired or been revoked not later than thirty
4364+6 (30) days after the date of the department's notice. An exemption
4365+7 certificate issued by the department to a person who is exempt from the
4366+8 state gross retail tax under IC 6-2.5-4-5 remains valid for that person
4367+9 regardless of any subsequent one (1) for one (1) meter number changes
4368+10 with respect to that person that are required, made, or initiated by a
4369+11 power subsidiary or a person selling the services or commodities listed
4370+12 in IC 6-2.5-4-5, unless the department revokes the exemption
4371+13 certificate. Within thirty (30) days after the final day of each calendar
4372+14 year quarter, a power subsidiary or a person selling the services or
4373+15 commodities listed in IC 6-2.5-4-5 shall report to the department any
4374+16 meter number changes made during the immediately preceding
4375+17 calendar year quarter and distinguish between the one (1) for one (1)
4376+18 meter changes and the one (1) for multiple meter changes made during
4377+19 the calendar year quarter. A power subsidiary or a person selling the
4378+20 services or commodities listed in IC 6-2.5-4-5 shall maintain records
4379+21 sufficient to document each one (1) to one (1) meter change. A person
4380+22 may request the department to reissue an exemption certificate with a
4381+23 new meter number in the event of a one (1) to one (1) meter change.
4382+24 Except for a person to whom a blanket utility exemption applies, any
4383+25 meter number changes not involving a one (1) to one (1) relationship
4384+26 will no longer be exempt and will require the person to submit a new
4385+27 utility exemption application for the new meters. Until an application
4386+28 for a new meter is approved, the new meter is subject to the state gross
4387+29 retail tax and the power subsidiary or the person selling the services or
4388+30 commodities listed in IC 6-2.5-4-5 is required to collect the state gross
4389+31 retail tax from the date of the meter change.
4390+32 SECTION 98. IC 6-3.1-30.5-14, AS ADDED BY P.L.182-2009(ss),
4391+33 SECTION 205, IS AMENDED TO READ AS FOLLOWS
4392+34 [EFFECTIVE JULY 1, 2025]: Sec. 14. The department, on an Internet
4393+35 web site a website used by the department to provide information to
4394+36 the public, shall provide the following information:
4395+37 (1) The application for the credit provided in this chapter.
4396+38 (2) A timeline for receiving the credit provided in this chapter.
4397+39 (3) The total amount of credits awarded under this chapter during
4398+40 the current state fiscal year.
4399+41 SECTION 99. IC 6-7-2-7.5, AS AMENDED BY P.L.137-2022,
4400+42 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4401+EH 1050—LS 6050/DI 112 103
4402+1 JULY 1, 2025]: Sec. 7.5. (a) A tax is imposed on the distribution of
4403+2 closed system cartridges in Indiana at the rate of fifteen percent (15%)
4404+3 of the wholesale price of the closed system cartridge. If a closed system
4405+4 cartridge is sold in the same package as a vapor product device, the tax
4406+5 imposed under this subsection shall only apply to the wholesale price
4407+6 of the closed system cartridge if the wholesale cost of the closed system
4408+7 cartridge can be isolated from the vapor product device on the invoice.
4409+8 (b) The distributor of closed system cartridges, including a person
4410+9 that sells closed system cartridges through an Internet web site, a
4411+10 website, is liable for the tax imposed under subsection (a). The tax is
4412+11 imposed at the time the distributor:
4413+12 (1) brings or causes closed system cartridges to be brought into
4414+13 Indiana for distribution;
4415+14 (2) manufactures closed system cartridges in Indiana for
4416+15 distribution; or
4417+16 (3) transports closed system cartridges to retail dealers in Indiana
4418+17 for resale by those retail dealers.
4419+18 (c) A consumer who purchases untaxed closed system cartridges
4420+19 from a distributor or retailer is liable for the tax imposed under
4421+20 subsection (a).
4422+21 SECTION 100. IC 6-7-2-8, AS AMENDED BY P.L.165-2021,
4423+22 SECTION 109, IS AMENDED TO READ AS FOLLOWS
4424+23 [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) A distributor, including a
4425+24 person that sells taxable products through an Internet web site, a
4426+25 website, must obtain a license under this section before it distributes
4427+26 taxable products in Indiana. The department shall issue licenses to
4428+27 applicants that qualify under this section. A license issued under this
4429+28 section is valid for one (1) year unless revoked or suspended by the
4430+29 department and is not transferable.
4431+30 (b) An applicant for a license under this section must submit proof
4432+31 to the department of the appointment of an agent for service of process
4433+32 in Indiana if the applicant is:
4434+33 (1) an individual whose principal place of residence is outside
4435+34 Indiana; or
4436+35 (2) a person, other than an individual, that has its principal place
4437+36 of business outside Indiana.
4438+37 (c) To obtain or renew a license under this section, a person must:
4439+38 (1) submit, for each location where it intends to distribute taxable
4440+39 products, an application that includes all information required by
4441+40 the department;
4442+41 (2) pay a fee of twenty-five dollars ($25) at the time of
4443+42 application; and
4444+EH 1050—LS 6050/DI 112 104
4445+1 (3) at the time of application, post a bond, issued by a surety
4446+2 company approved by the department, in an amount not less than
4447+3 one thousand dollars ($1,000) and conditioned on the applicant's
4448+4 compliance with this chapter.
4449+5 (d) If business is transacted at two (2) or more places by one (1)
4450+6 distributor, a separate license must be obtained for each place of
4451+7 business.
4452+8 (e) Each license must be numbered, show the name and address of
4453+9 the distributor, and be posted in a conspicuous place at the place of
4454+10 business for which it is issued.
4455+11 (f) If the department determines that a bond provided by a licensee
4456+12 is inadequate, the department may require a new bond in the amount
4457+13 necessary to fully protect the state.
4458+14 SECTION 101. IC 6-8.1-3-16, AS AMENDED BY P.L.165-2021,
4459+15 SECTION 121, IS AMENDED TO READ AS FOLLOWS
4460+16 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) The department shall
4461+17 prepare a list of all outstanding tax warrants for listed taxes each
4462+18 month. The list shall identify each taxpayer liable for a warrant by
4463+19 name, address, amount of tax, and either Social Security number or
4464+20 employer identification number. Unless the department renews the
4465+21 warrant, the department shall exclude from the list a warrant issued
4466+22 more than ten (10) years before the date of the list. The department
4467+23 shall certify a copy of the list to the bureau of motor vehicles.
4468+24 (b) The department shall prescribe and furnish tax release forms for
4469+25 use by tax collecting officials. A tax collecting official who collects
4470+26 taxes in satisfaction of an outstanding warrant shall issue to the
4471+27 taxpayers named on the warrant a tax release stating that the tax has
4472+28 been paid. The department may also issue a tax release:
4473+29 (1) to a taxpayer who has made arrangements satisfactory to the
4474+30 department for the payment of the tax; or
4475+31 (2) by action of the commissioner under IC 6-8.1-8-2(k).
4476+32 (c) The department may not issue or renew:
4477+33 (1) a certificate under IC 6-2.5-8 or IC 6-7-4;
4478+34 (2) a license under IC 6-6-1.1 or IC 6-6-2.5; or
4479+35 (3) a permit under IC 6-6-4.1;
4480+36 to a taxpayer whose name appears on the most recent monthly warrant
4481+37 list, unless that taxpayer pays the tax, makes arrangements satisfactory
4482+38 to the department for the payment of the tax, or a release is issued
4483+39 under IC 6-8.1-8-2(k).
4484+40 (d) The bureau of motor vehicles shall, before issuing the title to a
4485+41 motor vehicle under IC 9-17, determine whether the purchaser's or
4486+42 assignee's name is on the most recent monthly warrant list. If the
4487+EH 1050—LS 6050/DI 112 105
4488+1 purchaser's or assignee's name is on the list, the bureau shall enter as
4489+2 a lien on the title the name of the state as the lienholder unless the
4490+3 bureau has received notice from the commissioner under
4491+4 IC 6-8.1-8-2(k). The tax lien on the title:
4492+5 (1) is subordinate to a perfected security interest (as defined and
4493+6 perfected in accordance with IC 26-1-9.1); and
4494+7 (2) shall otherwise be treated in the same manner as other title
4495+8 liens.
4496+9 (e) The commissioner is the custodian of all titles for which the state
4497+10 is the sole lienholder under this section. Upon receipt of the title by the
4498+11 department, the commissioner shall notify the owner of the
4499+12 department's receipt of the title.
4500+13 (f) The department shall reimburse the bureau of motor vehicles for
4501+14 all costs incurred in carrying out this section.
4502+15 (g) Notwithstanding IC 6-8.1-8, a person who is authorized to
4503+16 collect taxes, interest, or penalties on behalf of the department under
4504+17 IC 6-3 or IC 6-3.6 may not, except as provided in subsection (h) or (i),
4505+18 receive a fee for collecting the taxes, interest, or penalties if:
4506+19 (1) the taxpayer pays the taxes, interest, or penalties as
4507+20 consideration for the release of a lien placed under subsection (d)
4508+21 on a motor vehicle title; or
4509+22 (2) the taxpayer has been denied a certificate or license under
4510+23 subsection (c) within sixty (60) days before the date the taxes,
4511+24 interest, or penalties are collected.
4512+25 (h) In the case of a sheriff, subsection (g) does not apply if:
4513+26 (1) the sheriff collects the taxes, interest, or penalties within sixty
4514+27 (60) days after the date the sheriff receives the tax warrant; or
4515+28 (2) the sheriff collects the taxes, interest, or penalties through the
4516+29 sale or redemption, in a court proceeding, of a motor vehicle that
4517+30 has a lien placed on its title under subsection (d).
4518+31 (i) In the case of a person other than a sheriff:
4519+32 (1) subsection (g)(2) does not apply if the person collects the
4520+33 taxes, interests, or penalties within sixty (60) days after the date
4521+34 the commissioner employs the person to make the collection; and
4522+35 (2) subsection (g)(1) does not apply if the person collects the
4523+36 taxes, interest, or penalties through the sale or redemption, in a
4524+37 court proceeding, of a motor vehicle that has a lien placed on its
4525+38 title under subsection (d).
4526+39 (j) IC 5-14-3-4, IC 6-8.1-7-1, and any other law exempting
4527+40 information from disclosure by the department do not apply to this
4528+41 subsection. The department shall prepare a list of retail merchants
4529+42 whose registered retail merchant certificate has not been renewed
4530+EH 1050—LS 6050/DI 112 106
4531+1 under IC 6-2.5-8-1(h) or whose registered retail merchant certificate
4532+2 has been revoked under IC 6-2.5-8-7 or whose electronic cigarette
4533+3 retail dealer's certificate has been revoked or suspended under
4534+4 IC 6-7-4-10. The list compiled under this subsection must identify each
4535+5 retail merchant by name (including any name under which the retail
4536+6 merchant is doing business), address, and county. The department shall
4537+7 publish the list compiled under this subsection on the department's
4538+8 Internet web site website (as operated under IC 4-13.1-2) and make the
4539+9 list available for public inspection and copying under IC 5-14-3. The
4540+10 department or an agent, employee, or officer of the department is
4541+11 immune from liability for the publication of information under this
4542+12 subsection.
4543+13 SECTION 102. IC 6-8.1-3-17, AS AMENDED BY P.L.93-2024,
4544+14 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4545+15 JULY 1, 2025]: Sec. 17. (a) Before an original tax appeal is filed with
4546+16 the tax court under IC 33-26, the commissioner, or the taxpayer rights
4547+17 advocate office to the extent granted the authority by the commissioner,
4548+18 may settle any tax liability dispute if a substantial doubt exists as to:
4549+19 (1) the constitutionality of the tax under the Constitution of the
4550+20 State of Indiana;
4551+21 (2) the right to impose the tax;
4552+22 (3) the correct amount of tax due;
4553+23 (4) the collectability of the tax; or
4554+24 (5) whether the taxpayer is a resident or nonresident of Indiana.
4555+25 (b) After an original tax appeal is filed with the tax court under
4556+26 IC 33-26, and notwithstanding IC 4-6-2-11, the commissioner may
4557+27 settle a tax liability dispute with an amount in contention of twenty-five
4558+28 thousand dollars ($25,000) or less. Notwithstanding IC 6-8.1-7-1(a),
4559+29 the terms of a settlement under this subsection are available for public
4560+30 inspection.
4561+31 (c) The department shall establish an amnesty program for taxpayers
4562+32 having an unpaid tax liability for a listed tax that was due and payable
4563+33 for a tax period ending before January 1, 2013. A taxpayer is not
4564+34 eligible for the amnesty program:
4565+35 (1) for any tax liability resulting from the taxpayer's failure to
4566+36 comply with IC 6-3-1-3.5(b)(3) with regard to the tax imposed by
4567+37 IC 4-33-13 or IC 4-35-8; or
4568+38 (2) if the taxpayer participated in any previous amnesty program
4569+39 under:
4570+40 (A) this section (as in effect on December 31, 2014); or
4571+41 (B) IC 6-2.5-14.
4572+42 The time in which a voluntary payment of tax liability may be made (or
4573+EH 1050—LS 6050/DI 112 107
4574+1 the taxpayer may enter into a payment program acceptable to the
4575+2 department for the payment of the unpaid listed taxes in full in the
4576+3 manner and time established in a written payment program agreement
4577+4 between the department and the taxpayer) under the amnesty program
4578+5 is limited to the period determined by the department, not to exceed
4579+6 eight (8) regular business weeks ending before the earlier of the date
4580+7 set by the department or January 1, 2017.
4581+8 (d) The amnesty program must provide that, upon payment by a
4582+9 taxpayer to the department of all listed taxes due from the taxpayer for
4583+10 a tax period (or payment of the unpaid listed taxes in full in the manner
4584+11 and time established in a written payment program agreement between
4585+12 the department and the taxpayer), entry into an agreement that the
4586+13 taxpayer is not eligible for any other amnesty program that may be
4587+14 established and waives any part of interest and penalties on the same
4588+15 type of listed tax that is being granted amnesty in the current amnesty
4589+16 program, and compliance with all other amnesty conditions adopted
4590+17 under a rule of the department in effect on the date the voluntary
4591+18 payment is made, the department:
4592+19 (1) shall abate and not seek to collect any interest, penalties,
4593+20 collection fees, or costs that would otherwise be applicable;
4594+21 (2) shall release any liens imposed;
4595+22 (3) shall not seek civil or criminal prosecution against any
4596+23 individual or entity; and
4597+24 (4) shall not issue, or, if issued, shall withdraw, an assessment, a
4598+25 demand notice, or a warrant for payment under IC 6-8.1-5-1,
4599+26 IC 6-8.1-5-3, IC 6-8.1-8-2, or another law against any individual
4600+27 or entity;
4601+28 for listed taxes due from the taxpayer for the tax period for which
4602+29 amnesty has been granted to the taxpayer. Amnesty granted under this
4603+30 subsection (c) is binding on the state and its agents. However, failure
4604+31 to pay to the department all listed taxes due for a tax period invalidates
4605+32 any amnesty granted under this subsection (c) for that tax period. The
4606+33 department shall conduct an assessment of the impact of the tax
4607+34 amnesty program on tax collections and an analysis of the costs of
4608+35 administering the tax amnesty program. As soon as practicable after the
4609+36 end of the tax amnesty period, the department shall submit a copy of
4610+37 the assessment and analysis to the legislative council in an electronic
4611+38 format under IC 5-14-6. The department shall enforce an agreement
4612+39 with a taxpayer that prohibits the taxpayer from receiving amnesty in
4613+40 another amnesty program.
4614+41 (d) (e) For purposes of subsection (c), a liability for a listed tax is
4615+42 due and payable if:
4616+EH 1050—LS 6050/DI 112 108
4617+1 (1) the department has issued:
4618+2 (A) an assessment of the listed tax under IC 6-8.1-5-1;
4619+3 (B) a demand for payment under IC 6-8.1-5-3; or
4620+4 (C) a demand notice for payment of the listed tax under
4621+5 IC 6-8.1-8-2;
4622+6 (2) the taxpayer has filed a return or an amended return in which
4623+7 the taxpayer has reported a liability for the listed tax; or
4624+8 (3) the taxpayer has filed a written statement of liability for the
4625+9 listed tax in a form that is satisfactory to the department.
4626+10 (e) (f) The department may waive interest and penalties if the
4627+11 general assembly enacts a change in a listed tax for a tax period that
4628+12 increases a taxpayer's tax liability for that listed tax after the due date
4629+13 for that listed tax and tax period. However, such a waiver shall apply
4630+14 only to the extent of the increase in tax liability and only for a period
4631+15 not exceeding sixty (60) days after the change is enacted. The
4632+16 department may adopt rules under IC 4-22-2 or issue guidelines to
4633+17 carry out this subsection.
4634+18 SECTION 103. IC 6-8.1-3-23, AS ADDED BY P.L.146-2014,
4635+19 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4636+20 JULY 1, 2025]: Sec. 23. The department shall, in coordination with the
4637+21 secretary of state, use the Internet web site website established under
4638+22 IC 4-5-10 to share information with other state agencies and to provide
4639+23 a single point of contact for any person to accomplish the following:
4640+24 (1) Completing and submitting an application for a license,
4641+25 registration, or permit that is issued by the department and that is
4642+26 required for the applicant to transact business in the state.
4643+27 (2) Filing with the department documents that are required for the
4644+28 filer to transact business in the state.
4645+29 (3) Remitting payments for any fee that must be paid to the
4646+30 department for a payer to transact business in the state, including
4647+31 application fees, filing fees, license fees, permit fees, and
4648+32 registration fees.
4649+33 SECTION 104. IC 6-8.1-9.5-3, AS AMENDED BY P.L.117-2018,
4650+34 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4651+35 JULY 1, 2025]: Sec. 3. (a) To obtain a set off by the department, a
4652+36 claimant agency described in section 1(1)(A) of this chapter must file
4653+37 an application for the set off with the department before November 30
4654+38 of the year preceding the calendar year in which a tax refund is payable
4655+39 by the department.
4656+40 (b) To obtain a set off by the department, a claimant agency
4657+41 described in section 1(1)(B) of this chapter must direct the
4658+42 clearinghouse with which the claimant agency has an agreement to file
4659+EH 1050—LS 6050/DI 112 109
4660+1 an application for the set off on behalf of the claimant agency before a
4661+2 date determined by the department and published on the department's
4662+3 Internet web site. website.
4663+4 (c) The department shall prescribe the form of and the contents of
4664+5 the application.
4665+6 (d) An application filed under this section is effective only for the
4666+7 purpose of set off of tax refunds that are payable for the calendar year
4667+8 for which an application is filed.
4668+9 SECTION 105. IC 6-8.1-10-1, AS AMENDED BY P.L.234-2019,
4669+10 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4670+11 JULY 1, 2025]: Sec. 1. (a) If a person fails to file a return for any of the
4671+12 listed taxes, fails to pay the full amount of tax shown on the person's
4672+13 return by the due date for the return or the payment, or incurs a
4673+14 deficiency upon a determination by the department, the person is
4674+15 subject to interest on the nonpayment.
4675+16 (b) The interest for a failure described in subsection (a) is the
4676+17 adjusted rate established by the commissioner under subsection (c),
4677+18 from the due date for payment. The interest applies to:
4678+19 (1) the full amount of the unpaid tax due if the person failed to
4679+20 file the return;
4680+21 (2) the amount of the tax that is not paid, if the person filed the
4681+22 return but failed to pay the full amount of tax shown on the return;
4682+23 or
4683+24 (3) the amount of the deficiency.
4684+25 (c) The commissioner shall establish an adjusted rate of interest for
4685+26 a failure described in subsection (a) and for an excess tax payment on
4686+27 or before November 1 of each year. For purposes of subsection (b), the
4687+28 adjusted rate of interest shall be the percentage rounded to the nearest
4688+29 whole number that equals two (2) percentage points above the average
4689+30 investment yield on state general fund money for the state's previous
4690+31 fiscal year, excluding pension fund investments, as determined by the
4691+32 treasurer of state on or before October 1 of each year and reported to
4692+33 the commissioner. For purposes of IC 6-8.1-9-2(c), the adjusted rate of
4693+34 interest for an excess tax payment must be the same as the adjusted rate
4694+35 of interest determined under this subsection for a failure described in
4695+36 subsection (a). The adjusted rates of interest established under this
4696+37 subsection shall take effect on January 1 of the immediately succeeding
4697+38 year.
4698+39 (d) For purposes of this section, the filing of a substantially blank or
4699+40 unsigned return does not constitute a return.
4700+41 (e) Except as provided by IC 6-8.1-3-17(c), IC 6-8.1-3-17(d),
4701+42 IC 6-8.1-3-17(e), IC 6-8.1-3-17(f), IC 6-8.1-5-2, and section 2.1(k) of
4702+EH 1050—LS 6050/DI 112 110
4703+1 this chapter, the department may not waive the interest imposed under
4704+2 this section.
4705+3 (f) Subsections (a) through (c) do not apply to a motor carrier fuel
4706+4 tax return.
4707+5 SECTION 106. IC 6-8.1-10-12, AS AMENDED BY P.L.213-2015,
4708+6 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4709+7 JULY 1, 2025]: Sec. 12. (a) This section applies to a penalty related to
4710+8 a tax liability to the extent that the:
4711+9 (1) tax liability is for a listed tax;
4712+10 (2) tax liability was due and payable, as determined under
4713+11 IC 6-8.1-3-17(d), IC 6-8.1-3-17(e), for a tax period ending before
4714+12 January 1, 2013;
4715+13 (3) department establishes an amnesty program for the tax
4716+14 liability under IC 6-8.1-3-17(c);
4717+15 (4) individual or entity from which the tax liability is due was
4718+16 eligible to participate in the amnesty program described in
4719+17 subdivision (3); and
4720+18 (5) tax liability is not paid:
4721+19 (A) in conformity with a payment program acceptable to the
4722+20 department that provides for payment of the unpaid listed
4723+21 taxes in full in the manner and time established in a written
4724+22 payment program agreement entered into between the
4725+23 department and the taxpayer under IC 6-8.1-3-17(c); or
4726+24 (B) if clause (A) does not apply, before the end of the amnesty
4727+25 period established by the department.
4728+26 (b) Subject to subsection (c), if a penalty is imposed or otherwise
4729+27 calculated under any combination of:
4730+28 (1) IC 6-8.1-1-8;
4731+29 (2) section 2.1 of this chapter;
4732+30 (3) section 3 of this chapter;
4733+31 (4) section 3.5 of this chapter;
4734+32 (5) section 4 of this chapter;
4735+33 (6) section 5 of this chapter;
4736+34 (7) section 6 of this chapter;
4737+35 (8) section 7 of this chapter;
4738+36 (9) section 9 of this chapter; or
4739+37 (10) IC 6-6;
4740+38 an additional penalty is imposed under this section. The amount of the
4741+39 additional penalty imposed under this section is equal to the sum of the
4742+40 penalties imposed or otherwise calculated under the provisions listed
4743+41 in subdivisions (1) through (10).
4744+42 (c) The additional penalty provided by subsection (b) does not apply
4745+EH 1050—LS 6050/DI 112 111
4746+1 if all of the following apply:
4747+2 (1) The department imposes a penalty on a taxpayer or otherwise
4748+3 calculates the penalty under the provisions described in
4749+4 subsection (b)(1) through (b)(10).
4750+5 (2) The taxpayer against whom the penalty is imposed:
4751+6 (A) timely files an original tax appeal in the tax court under
4752+7 IC 6-8.1-5-1; and
4753+8 (B) contests the department's imposition of the penalty or the
4754+9 tax on which the penalty is based.
4755+10 (3) The taxpayer meets all other jurisdictional requirements to
4756+11 initiate the original tax appeal.
4757+12 (4) Either the:
4758+13 (A) tax court enjoins collection of the penalty or the tax on
4759+14 which the penalty is based under IC 33-26-6-2; or
4760+15 (B) department consents to an injunction against collection of
4761+16 the penalty or tax without entry of an order by the tax court.
4762+17 (d) The additional penalty provided by subsection (b) does not apply
4763+18 if the taxpayer:
4764+19 (1) has a legitimate hold on making the payment as a result of an
4765+20 audit, bankruptcy, protest, taxpayer advocate action, or another
4766+21 reason permitted by the department;
4767+22 (2) had established a payment plan with the department before
4768+23 May 12, 2015; or
4769+24 (3) verifies with reasonable particularity that is satisfactory to the
4770+25 commissioner that the taxpayer did not ever receive notice of the
4771+26 outstanding tax liability.
4772+27 SECTION 107. IC 6-9-3-3.5, AS AMENDED BY P.L.152-2021,
4773+28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4774+29 JULY 1, 2025]: Sec. 3.5. (a) Before January 1 of each year, the board
4775+30 of managers shall annually publish a financial report summarizing the
4776+31 income and expenses of the board of managers for the previous twelve
4777+32 (12) months.
4778+33 (b) The report required by subsection (a) must be published two (2)
4779+34 times, one (1) week apart:
4780+35 (1) with each publication of the report in a daily or weekly
4781+36 newspaper published in the English language and of general
4782+37 circulation in both Clark County and Floyd County; or
4783+38 (2) with the first publication of the report in a newspaper
4784+39 described in subdivision (1) and the second publication of the
4785+40 report:
4786+41 (A) in accordance with IC 5-3-5; and
4787+42 (B) on the board's official web site. website.
4788+EH 1050—LS 6050/DI 112 112
4789+1 (c) Before January 1 of each year, the board of managers shall
4790+2 prepare a written report generally summarizing the board's activities for
4791+3 the previous twelve (12) months. The report shall be made available on
4792+4 an Internet web site a website maintained by the board of managers.
4793+5 SECTION 108. IC 6-9-31-2, AS AMENDED BY P.L.9-2024,
4794+6 SECTION 244, IS AMENDED TO READ AS FOLLOWS
4795+7 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) After January 1, but before
4796+8 June 1, the city-county council may adopt an ordinance to impose a
4797+9 supplemental tax, known as the capital improvement board revenue
4798+10 replacement supplemental tax, only for the purpose of replacing
4799+11 revenue lost as a result of the withdrawal by the consolidated city or the
4800+12 capital improvement board from a contract providing another entity
4801+13 with the right to name a facility owned by the capital improvement
4802+14 board under IC 36-10-9, the county convention and recreational
4803+15 facilities authority under IC 36-10-9.1, or the consolidated city, in
4804+16 response to the entity displacing at least:
4805+17 (1) four hundred (400) jobs in the consolidated city; or
4806+18 (2) one thousand (1,000) jobs within the state;
4807+19 to another country, if the city-county council determines the revenue
4808+20 must be replaced.
4809+21 (b) The city-county council may adopt an ordinance to impose a
4810+22 supplemental tax on any one (1) or all of the following:
4811+23 (1) The innkeeper's tax under IC 6-9-8.
4812+24 (2) The admissions tax under IC 6-9-13. and
4813+25 (3) The supplemental auto rental excise tax under IC 6-6-9.7.
4814+26 (c) The revenue replacement supplemental tax is in addition to the
4815+27 state gross retail tax and use tax imposed by IC 6-2.5. The county fiscal
4816+28 body may adopt an ordinance to require that the tax shall be paid
4817+29 monthly to the county treasurer, and in the case of the admissions tax
4818+30 and the supplemental auto rental excise tax, reported on forms
4819+31 approved by the county treasurer. If such an ordinance is adopted, the
4820+32 tax shall be paid to the county treasurer not more than twenty (20) days
4821+33 after the end of the month the tax is collected. If such an ordinance is
4822+34 not adopted, the tax shall be imposed, paid, and collected in exactly the
4823+35 same manner as the state gross retail tax is imposed, paid, and collected
4824+36 under IC 6-2.5.
4825+37 (d) All of the provisions of IC 6-2.5 relating to rights, duties,
4826+38 liabilities, procedures, penalties, definitions, and administration shall
4827+39 be applicable to the imposition and administration of the tax imposed
4828+40 by this section except to the extent these provisions are in conflict or
4829+41 inconsistent with the specific provisions of this chapter or the
4830+42 requirements of the county treasurer. Specifically, and not in limitation
4831+EH 1050—LS 6050/DI 112 113
4832+1 of the preceding sentence, "person" and "gross income" have the same
4833+2 meaning in this section as the terms have in IC 6-2.5.
4834+3 (e) If the tax is paid to the department of state revenue, the returns
4835+4 to be filed for the payment of the tax under this section may be either
4836+5 by separate return or combined with the return filed for the payment of
4837+6 the state gross retail tax as the department of state revenue may
4838+7 determine by rule.
4839+8 (f) If the tax is paid to the department of state revenue, the amounts
4840+9 received from this tax shall be paid monthly by the treasurer of state to
4841+10 the treasurer of the capital improvement board of managers of the
4842+11 county upon warrants issued by the state comptroller.
4843+12 SECTION 109. IC 7.1-2-3-4.6, AS ADDED BY P.L.285-2019,
4844+13 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4845+14 JULY 1, 2025]: Sec. 4.6. (a) The commission shall prepare quarterly
4846+15 reports that provide the violations by permittees subject to an
4847+16 enforcement action under IC 7.1-5-7-17. The commission shall issue
4848+17 the quarterly reports on or before the fifteenth day of:
4849+18 (1) January, concerning violations committed during the
4850+19 preceding quarter consisting of the months of October through
4851+20 December;
4852+21 (2) April, concerning violations committed during the preceding
4853+22 quarter consisting of the months of January through March;
4854+23 (3) July, concerning violations committed during the preceding
4855+24 quarter consisting of the months of April through June; and
4856+25 (4) October, concerning violations committed during the
4857+26 preceding quarter consisting of the months of July through
4858+27 September.
4859+28 (b) The commission's quarterly report must provide noncompliance
4860+29 violations by:
4861+30 (1) business listing;
4862+31 (2) permit type; and
4863+32 (3) county.
4864+33 (c) The commission shall post the quarterly reports on the
4865+34 commission's Internet web site. website. The commission shall:
4866+35 (1) prepare a report annually that compiles the violations for the
4867+36 preceding calendar year; and
4868+37 (2) provide the report to the legislative council not later than
4869+38 February 1 of each year in an electronic format under IC 5-14-6.
4870+39 SECTION 110. IC 7.1-3-1-5, AS AMENDED BY P.L.194-2021,
4871+40 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4872+41 JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (b), an
4873+42 application for a permit to sell alcoholic beverages of any kind, and the
4874+EH 1050—LS 6050/DI 112 114
4875+1 required publication of notice, shall disclose the name of the applicant
4876+2 and the specific address where the alcoholic beverages are to be sold,
4877+3 and any assumed business name under which the business will be
4878+4 conducted. The application and notice also shall disclose:
4879+5 (1) the names of the president and secretary of the corporation,
4880+6 club, association, or organization who will be responsible to the
4881+7 public for the sale of the alcoholic beverage if the applicant is a
4882+8 corporation, club, association, or other type of organization; or
4883+9 (2) the Internet web site website where a member of the public
4884+10 may access the information in subdivision (1).
4885+11 (b) An application for a permit may be processed by the commission
4886+12 while the location of the permit premises is pending, upon a showing
4887+13 of need by the permit applicant. Any permit issued by the commission
4888+14 while the location of the permit premises is pending shall be placed
4889+15 immediately on deposit with the commission under IC 7.1-3-1-3.5
4890+16 section 3.5 of this chapter (before July 1, 2019) or (after June 30,
4891+17 2019) IC 7.1-3-1.1 upon approval of the permit by the commission. If
4892+18 a permit issued by the commission is deposited with the commission
4893+19 under this subsection:
4894+20 (1) the applicant must go before the local board for approval of
4895+21 the applicant; and
4896+22 (2) before making the permit active, the permittee must go before
4897+23 the local board for approval of the location.
4898+24 SECTION 111. IC 7.1-3-1-18, AS AMENDED BY P.L.285-2019,
4899+25 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4900+26 JULY 1, 2025]: Sec. 18. (a) Except as provided in subsections (d) and
4901+27 (e), if publication of notice of application for a permit is required under
4902+28 this title, the publication shall be made in one (1) newspaper of general
4903+29 circulation published in the county where the permit is to be in effect.
4904+30 (b) Publication required under subsection (a) may be made in any
4905+31 newspaper of general circulation published one (1) or more times each
4906+32 week.
4907+33 (c) The rates which shall be paid for the advertising of a notice
4908+34 required under this title shall be those required to be paid in case of
4909+35 other notices published for or on behalf of the state.
4910+36 (d) The commission may publish notice of application for a
4911+37 three-way permit for a restaurant described in IC 7.1-3-20-12(4) by
4912+38 posting the notice on the commission's Internet web site. website.
4913+39 (e) If:
4914+40 (1) the commission is unable to procure advertising of a notice as
4915+41 required under subsection (a) at the rates set forth in IC 5-3-1; or
4916+42 (2) the newspaper published in the county as described in
4917+EH 1050—LS 6050/DI 112 115
4918+1 subsection (a) refuses to publish the notice;
4919+2 the commission may, instead of publication in a newspaper as required
4920+3 under subsection (a), require the designated member of the local board
4921+4 of the county to post printed notices in three (3) prominent locations in
4922+5 the county.
4923+6 SECTION 112. IC 7.1-3-1.6-7, AS ADDED BY P.L.269-2013,
4924+7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4925+8 JULY 1, 2025]: Sec. 7. An online course must meet the following
4926+9 requirements:
4927+10 (1) Provide a process for participants to securely log in to the
4928+11 course.
4929+12 (2) Automatically log out participants after twenty (20) minutes
4930+13 of inactivity and allow participants to resume the course at the
4931+14 same point where they stopped.
4932+15 (3) Provide intuitive:
4933+16 (A) user navigation through the course; and
4934+17 (B) user interface with the course.
4935+18 (4) Use linear navigation that requires the completion of a module
4936+19 before the course proceeds to the next module.
4937+20 (5) Use an interactive course design.
4938+21 (6) Provide participants with adequate access to a help desk to
4939+22 resolve technical issues without delaying the flow of instruction.
4940+23 (7) Provide that the course web site website may not allow
4941+24 advertisements to appear on the course web site website while the
4942+25 participant is receiving instruction, and provide that
4943+26 advertisements that appear on the web site website when the
4944+27 participant is not receiving instruction follow generally accepted
4945+28 marketing practices.
4946+29 SECTION 113. IC 8-1-2-42.5, AS AMENDED BY P.L.264-2017,
4947+30 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4948+31 JULY 1, 2025]: Sec. 42.5. (a) The commission shall by rule or order,
4949+32 consistent with the resources of the commission and the office of the
4950+33 utility consumer counselor, require that the basic rates and charges of
4951+34 all public, municipally owned, and cooperatively owned utilities
4952+35 (except those utilities described in section 61.5 of this chapter) are
4953+36 subject to a regularly scheduled periodic review and revision by the
4954+37 commission. However, the commission shall conduct the periodic
4955+38 review at least once every four (4) years and may not authorize a filing
4956+39 for an increase in basic rates and charges more frequently than is
4957+40 permitted by operation of section 42(a) of this chapter.
4958+41 (b) The commission shall make the results of the commission's most
4959+42 recent periodic review of the basic rates and charges of an electricity
4960+EH 1050—LS 6050/DI 112 116
4961+1 supplier (as defined in IC 8-1-2.3-2(b)) available for public inspection
4962+2 by posting a summary of the results on the commission's Internet web
4963+3 site. website. If an electricity supplier whose basic rates and charges
4964+4 are reviewed under this section maintains a publicly accessible Internet
4965+5 web site, website, the electricity supplier shall provide a link on the
4966+6 electricity supplier's Internet web site website to the summary of the
4967+7 results posted on the commission's Internet web site. website.
4968+8 SECTION 114. IC 8-1-2.6-1.5, AS AMENDED BY P.L.107-2014,
4969+9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4970+10 JULY 1, 2025]: Sec. 1.5. (a) In acting to impose any requirements or
4971+11 set any prices concerning:
4972+12 (1) interconnection with the facilities and equipment of providers
4973+13 for purposes of 47 U.S.C. 251(c)(2);
4974+14 (2) the resale of telecommunications service for purposes of 47
4975+15 U.S.C. 251(c)(4); or
4976+16 (3) the unbundled access of one (1) provider to the network
4977+17 elements of another provider for purposes of 47 U.S.C. 251(c)(3);
4978+18 the commission shall not exceed the authority delegated to the
4979+19 commission under federal laws and regulations with respect to those
4980+20 actions.
4981+21 (b) Subject to any regulations adopted by the Federal
4982+22 Communications Commission, this section does not affect:
4983+23 (1) the commission's authority to mediate a dispute between
4984+24 providers under 47 U.S.C. 252(a);
4985+25 (2) the commission's authority to arbitrate a dispute between
4986+26 providers under 47 U.S.C. 252(b);
4987+27 (3) the commission's authority to approve an interconnection
4988+28 agreement under 47 U.S.C. 252(e), including the authority to
4989+29 establish service quality metrics and liquidated damages;
4990+30 (4) the commission's authority to review and approve a provider's
4991+31 statement of terms and conditions under 47 U.S.C. 252(f);
4992+32 (5) a provider's ability to file a complaint with the commission to
4993+33 have a dispute decided by the commission:
4994+34 (A) after notice and hearing; and
4995+35 (B) in accordance with this article; or
4996+36 (6) the commission's authority to resolve an interconnection
4997+37 dispute between providers under the expedited procedures set
4998+38 forth in 170 IAC 7-7.
4999+39 (c) If a provider's rates and charges for intrastate switched or special
5000+40 access service are:
5001+41 (1) at issue in a dispute that the commission is authorized to
5002+42 mediate, arbitrate, or otherwise determine under state or federal
5003+EH 1050—LS 6050/DI 112 117
5004+1 law; or
5005+2 (2) included in an interconnection agreement or a statement of
5006+3 terms and conditions that the commission is authorized to review
5007+4 or approve under state or federal law;
5008+5 the commission shall consider the provider's rates and charges for
5009+6 intrastate switched or special access service to be just and reasonable
5010+7 if the intrastate rates and charges mirror the provider's interstate rates
5011+8 and charges for switched or special access service.
5012+9 (d) If the commission requires a provider to file a tariff for intrastate
5013+10 switched access service, special access service, or any other service,
5014+11 the filing of the tariff with the commission serves as the public notice
5015+12 of the filing of the tariff. The commission shall provide the public with
5016+13 notice of tariff filings through the commission's Internet web site
5017+14 website or other electronic means.
5018+15 SECTION 115. IC 8-1-2.6-13, AS AMENDED BY P.L.71-2022,
5019+16 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5020+17 JULY 1, 2025]: Sec. 13. (a) As used in this section, "communications
5021+18 service" has the meaning set forth in IC 8-1-32.5-3.
5022+19 (b) As used in this section, "communications service provider"
5023+20 means a person or an entity that offers communications service to
5024+21 customers in Indiana, without regard to the technology or medium used
5025+22 by the person or entity to provide the communications service. The
5026+23 term includes a provider of commercial mobile service (as defined in
5027+24 47 U.S.C. 332).
5028+25 (c) Notwithstanding sections 1.2, 1.4, and 1.5 of this chapter, the
5029+26 commission may do the following, except as otherwise provided in this
5030+27 subsection:
5031+28 (1) Enforce the terms of a settlement agreement approved by the
5032+29 commission before July 29, 2004. The commission's authority
5033+30 under this subdivision continues for the duration of the settlement
5034+31 agreement.
5035+32 (2) Fulfill the commission's duties under IC 8-1-2.8 concerning
5036+33 the provision of dual party relay services to deaf, hard of hearing,
5037+34 and speech impaired persons in Indiana.
5038+35 (3) Fulfill the commission's responsibilities under IC 8-1-29 to
5039+36 adopt and enforce rules to ensure that a customer of a
5040+37 telecommunications provider is not:
5041+38 (A) switched to another telecommunications provider unless
5042+39 the customer authorizes the switch; or
5043+40 (B) billed for services by a telecommunications provider that
5044+41 without the customer's authorization added the services to the
5045+42 customer's service order.
5046+EH 1050—LS 6050/DI 112 118
5047+1 (4) Fulfill the commission's obligations under:
5048+2 (A) the federal Telecommunications Act of 1996 (47 U.S.C.
5049+3 151 et seq.); and
5050+4 (B) IC 20-20-16;
5051+5 concerning universal service and access to telecommunications
5052+6 service and equipment, including the designation of eligible
5053+7 telecommunications carriers under 47 U.S.C. 214.
5054+8 (5) Perform any of the functions described in section 1.5(b) of this
5055+9 chapter.
5056+10 (6) Perform the commission's responsibilities under IC 8-1-32.5
5057+11 to:
5058+12 (A) issue; and
5059+13 (B) maintain records of;
5060+14 certificates of territorial authority for communications service
5061+15 providers offering communications service to customers in
5062+16 Indiana.
5063+17 (7) Perform the commission's responsibilities under IC 8-1-34
5064+18 concerning the issuance of certificates of franchise authority to
5065+19 multichannel video programming distributors offering video
5066+20 service to Indiana customers.
5067+21 (8) Subject to subsection (f), require a communications service
5068+22 provider, other than a provider of commercial mobile service (as
5069+23 defined in 47 U.S.C. 332), to report to the commission on an
5070+24 annual basis, or more frequently at the option of the provider, any
5071+25 information needed by the commission to prepare the
5072+26 commission's annual report under IC 8-1-1-14(c)(4).
5073+27 (9) Perform the commission's duties under IC 8-1-32.4 with
5074+28 respect to telecommunications providers of last resort, to the
5075+29 extent of the authority delegated to the commission under federal
5076+30 law to perform those duties.
5077+31 (10) Collect and maintain from a communications service
5078+32 provider the following information:
5079+33 (A) The address of the provider's Internet web site. website.
5080+34 (B) All toll free telephone numbers and other customer service
5081+35 telephone numbers maintained by the provider for receiving
5082+36 customer inquiries and complaints.
5083+37 (C) An address and other contact information for the provider,
5084+38 including any telephone number not described in clause (B).
5085+39 The commission shall make any information submitted by a
5086+40 provider under this subdivision available on the commission's
5087+41 Internet web site. website. The commission may also make
5088+42 available on the commission's Internet web site website contact
5089+EH 1050—LS 6050/DI 112 119
5090+1 information for the Federal Communications Commission and the
5091+2 Cellular Telephone Industry Association.
5092+3 (11) Fulfill the commission's duties under any state or federal law
5093+4 concerning the administration of any universally applicable
5094+5 dialing code for any communications service.
5095+6 (d) The commission does not have jurisdiction over any of the
5096+7 following with respect to a communications service provider:
5097+8 (1) Rates and charges for communications service provided by the
5098+9 communications service provider, including the filing of
5099+10 schedules or tariffs setting forth the provider's rates and charges.
5100+11 (2) Depreciation schedules for any of the classes of property
5101+12 owned by the communications service provider.
5102+13 (3) Quality of service provided by the communications service
5103+14 provider.
5104+15 (4) Long term financing arrangements or other obligations of the
5105+16 communications service provider.
5106+17 (5) Except as provided in subsection (c), any other aspect
5107+18 regulated by the commission under this title before July 1, 2009.
5108+19 (e) The commission has jurisdiction over a communications service
5109+20 provider only to the extent that jurisdiction is:
5110+21 (1) expressly granted by state or federal law, including:
5111+22 (A) a state or federal statute;
5112+23 (B) a lawful order or regulation of the Federal
5113+24 Communications Commission; or
5114+25 (C) an order or a ruling of a state or federal court having
5115+26 jurisdiction; or
5116+27 (2) necessary to administer a federal law for which regulatory
5117+28 responsibility has been delegated to the commission by federal
5118+29 law.
5119+30 (f) Except as specifically required under state or federal law, or
5120+31 except as required to respond to consumer complaints or information
5121+32 requests from the general assembly, the commission may not require
5122+33 a communications service provider:
5123+34 (1) to file a tariff; or
5124+35 (2) except for purposes of a petition or request filed or submitted
5125+36 to the commission by the communications service provider, to
5126+37 report to the commission any information that is:
5127+38 (A) available to the public on the communications service
5128+39 provider's Internet web site; website;
5129+40 (B) filed with the Federal Communications Commission; or
5130+41 (C) otherwise available to the public in any form or at any
5131+42 level of detail;
5132+EH 1050—LS 6050/DI 112 120
5133+1 including the communications service provider's rates, terms, and
5134+2 conditions of service.
5135+3 SECTION 116. IC 8-1-8.5-2.1, AS ADDED BY P.L.2-2023,
5136+4 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5137+5 JULY 1, 2025]: Sec. 2.1. (a) This section does not apply to the
5138+6 retirement, sale, or transfer of:
5139+7 (1) a public utility's electric generation facility if the retirement,
5140+8 sale, or transfer is necessary in order for the public utility to
5141+9 comply with a federal consent decree; or
5142+10 (2) an electric generation facility that generates electricity for sale
5143+11 exclusively to the wholesale market.
5144+12 (b) A public utility shall notify the commission if:
5145+13 (1) the public utility intends or decides to retire, sell, or transfer
5146+14 an electric generation facility with a capacity of at least eighty
5147+15 (80) megawatts; and
5148+16 (2) the retirement, sale, or transfer:
5149+17 (A) was not set forth in; or
5150+18 (B) is to take place on a date earlier than the date specified in;
5151+19 the public utility's short term action plan in the public utility's
5152+20 most recently filed integrated resource plan.
5153+21 (c) Upon receiving notice from a public utility under subsection (b),
5154+22 the commission shall consider and may investigate, under IC 8-1-2-58
5155+23 through IC 8-1-2-60, the public utility's intention or decision to retire,
5156+24 sell, or transfer the electric generation facility. In considering the public
5157+25 utility's intention or decision under this subsection, the commission
5158+26 shall examine the impact the retirement, sale, or transfer would have on
5159+27 the public utility's ability to meet:
5160+28 (1) the public utility's planning reserve margin requirements or
5161+29 other federal reliability requirements that the public utility is
5162+30 obligated to meet, as described in section 13(i)(4) 13(l)(4) of this
5163+31 chapter; and
5164+32 (2) the reliability adequacy metrics set forth in section 13(e) 13(g)
5165+33 of this chapter.
5166+34 (d) Before July 1, 2026, if:
5167+35 (1) a public utility intends or decides to retire, sell, or transfer an
5168+36 electric generation facility with a capacity of at least eighty (80)
5169+37 megawatts; and
5170+38 (2) the retirement, sale, or transfer:
5171+39 (A) was not set forth in; or
5172+40 (B) is to take place on a date earlier than the date specified in;
5173+41 the public utility's short term action plan in the public utility's
5174+42 most recently filed integrated resource plan;
5175+EH 1050—LS 6050/DI 112 121
5176+1 the commission shall not permit the public utility's depreciation rates,
5177+2 as established under IC 8-1-2-19, to be amended to reflect the
5178+3 accelerated date for the retirement, sale, or transfer of the electric
5179+4 generation asset unless the commission finds that such an adjustment
5180+5 is necessary to ensure the ability of the public utility to provide reliable
5181+6 service to its customers, and that the unamended depreciation rates
5182+7 would cause an unjust and unreasonable impact on the public utility
5183+8 and its ratepayers.
5184+9 (e) The commission may issue a general administrative order to
5185+10 implement this section.
5186+11 (f) This section expires July 1, 2026.
5187+12 SECTION 117. IC 8-1-8.5-10, AS ADDED BY P.L.246-2015,
5188+13 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5189+14 JULY 1, 2025]: Sec. 10. (a) For purposes of this section, "electricity
5190+15 supplier" means a public utility (as defined in IC 8-1-2-1) that furnishes
5191+16 retail electric service to customers in Indiana. The term does not
5192+17 include a utility that is:
5193+18 (1) a municipally owned utility (as defined in IC 8-1-2-1(h));
5194+19 (2) a corporation organized under IC 8-1-13;
5195+20 (3) a corporation organized under IC 23-17 that is an electric
5196+21 cooperative and that has at least one (1) member that is a
5197+22 corporation organized under IC 8-1-13; or
5198+23 (4) a joint agency created under IC 8-1-2.2-8.
5199+24 (b) For purposes of this section, "energy efficiency" means a
5200+25 reduction in electricity use for a comparable level of electricity service.
5201+26 (c) For purposes of this section, "energy efficiency goals" means all
5202+27 energy efficiency produced by cost effective plans that are:
5203+28 (1) reasonably achievable;
5204+29 (2) consistent with an electricity supplier's integrated resource
5205+30 plan; and
5206+31 (3) designed to achieve an optimal balance of energy resources in
5207+32 an electricity supplier's service territory.
5208+33 (d) For purposes of this section, "energy efficiency program" or
5209+34 "program" means a program that is:
5210+35 (1) sponsored by an electricity supplier; and
5211+36 (2) designed to implement energy efficiency improvements.
5212+37 The term does not include a program designed primarily to reduce
5213+38 demand for limited intervals of time, such as during peak electricity
5214+39 usage or emergency conditions.
5215+40 (e) For purposes of this section, "lost revenues" means the
5216+41 difference, if any, between:
5217+42 (1) revenues lost; and
5218+EH 1050—LS 6050/DI 112 122
5219+1 (2) the variable operating and maintenance costs saved;
5220+2 by an electricity supplier as a result of implementing energy efficiency
5221+3 programs.
5222+4 (f) For purposes of this section, "plan" refers to the goals, programs,
5223+5 program budgets, program costs, and procedures submitted by an
5224+6 electricity supplier to the commission under subsection (h).
5225+7 (g) For purposes of this section, "program costs" include the
5226+8 following:
5227+9 (1) Direct and indirect costs of energy efficiency programs.
5228+10 (2) Costs associated with the evaluation, measurement, and
5229+11 verification of program results.
5230+12 (3) Other recoveries or incentives approved by the commission,
5231+13 including lost revenues and financial incentives approved by the
5232+14 commission under subsection (o).
5233+15 (h) Beginning not later than calendar year 2017, and not less than
5234+16 one (1) time every three (3) years, an electricity supplier shall petition
5235+17 the commission for approval of a plan that includes:
5236+18 (1) energy efficiency goals;
5237+19 (2) energy efficiency programs to achieve the energy efficiency
5238+20 goals;
5239+21 (3) program budgets and program costs; and
5240+22 (4) evaluation, measurement, and verification procedures that
5241+23 must include independent evaluation, measurement, and
5242+24 verification.
5243+25 An electricity supplier may submit a plan required under this
5244+26 subsection to the commission for a determination of the overall
5245+27 reasonableness of the plan either as part of a general basic rate
5246+28 proceeding or as an independent proceeding. A petition submitted
5247+29 under this subsection may include a home energy efficiency assistance
5248+30 program for qualified customers of the electricity supplier whether or
5249+31 not the program is cost effective. The commission shall make the
5250+32 petition and its disclosable contents available through the commission's
5251+33 Internet web site. website.
5252+34 (i) At the same time an electricity supplier petitions the commission
5253+35 under subsection (h), the electricity supplier shall:
5254+36 (1) provide a copy of the petition and plan to the office of utility
5255+37 consumer counselor; and
5256+38 (2) post an electronic copy of the petition and plan on the
5257+39 electricity supplier's Internet web site. website. The electricity
5258+40 supplier may redact confidential or proprietary information.
5259+41 (j) In making a determination of the overall reasonableness of a plan
5260+42 submitted under subsection (h), the commission shall consider the
5261+EH 1050—LS 6050/DI 112 123
5262+1 following:
5263+2 (1) Projected changes in customer consumption of electricity
5264+3 resulting from the implementation of the plan.
5265+4 (2) A cost and benefit analysis of the plan, including the
5266+5 likelihood of achieving the goals of the energy efficiency
5267+6 programs included in the plan.
5268+7 (3) Whether the plan is consistent with the following:
5269+8 (A) The state energy analysis developed by the commission
5270+9 under section 3 of this chapter.
5271+10 (B) The electricity supplier's most recent long range integrated
5272+11 resource plan submitted to the commission.
5273+12 (4) The inclusion and reasonableness of procedures to evaluate,
5274+13 measure, and verify the results of the energy efficiency programs
5275+14 included in the plan, including the alignment of the procedures
5276+15 with applicable environmental regulations, including federal
5277+16 regulations concerning credits for emission reductions.
5278+17 (5) Any undue or unreasonable preference to any customer class
5279+18 resulting, or potentially resulting, from the implementation of an
5280+19 energy efficiency program or from the overall design of a plan.
5281+20 (6) Comments provided by customers, customer representatives,
5282+21 the office of utility consumer counselor, and other stakeholders
5283+22 concerning the adequacy and reasonableness of the plan,
5284+23 including alternative or additional means to achieve energy
5285+24 efficiency in the electricity supplier's service territory.
5286+25 (7) The effect, or potential effect, in both the long term and the
5287+26 short term, of the plan on the electric rates and bills of customers
5288+27 that participate in energy efficiency programs compared to the
5289+28 electric rates and bills of customers that do not participate in
5290+29 energy efficiency programs.
5291+30 (8) The lost revenues and financial incentives associated with the
5292+31 plan and sought to be recovered or received by the electricity
5293+32 supplier.
5294+33 (9) The electricity supplier's current integrated resource plan and
5295+34 the underlying resource assessment.
5296+35 (10) Any other information the commission considers necessary.
5297+36 (k) If, after notice and hearing, the commission determines that an
5298+37 electricity supplier's plan is reasonable in its entirety, the commission
5299+38 shall:
5300+39 (1) approve the plan in its entirety;
5301+40 (2) allow the electricity supplier to recover all associated program
5302+41 costs on a timely basis through a periodic rate adjustment
5303+42 mechanism; and
5304+EH 1050—LS 6050/DI 112 124
5305+1 (3) allocate and assign costs associated with a program to the
5306+2 class or classes of customers that are eligible to participate in the
5307+3 program.
5308+4 (l) If, after notice and hearing, the commission determines that an
5309+5 electricity supplier's plan is not reasonable because the costs associated
5310+6 with one (1) or more programs included in the plan exceed the
5311+7 projected benefits of the program or programs, the commission:
5312+8 (1) may exclude the program or programs and approve the
5313+9 remainder of the plan; and
5314+10 (2) shall allow the electricity supplier to recover only those
5315+11 program costs associated with the portion of the plan approved
5316+12 under subdivision (1) on a timely basis through a periodic rate
5317+13 adjustment mechanism.
5318+14 (m) If, after notice and hearing, the commission determines that an
5319+15 electricity supplier's plan is not reasonable in its entirety, the
5320+16 commission shall issue an order setting forth the reasons supporting its
5321+17 determination. The electricity supplier shall submit a modified plan
5322+18 within a reasonable time. After notice and hearing, the commission
5323+19 shall issue an order approving or denying the modified plan. If the
5324+20 commission approves the modified plan, the commission shall allow
5325+21 the electricity supplier to recover program costs associated with the
5326+22 modified plan on a timely basis through a periodic rate adjustment
5327+23 mechanism.
5328+24 (n) The commission may not:
5329+25 (1) require an energy efficiency program to be implemented by a
5330+26 third party administrator; or
5331+27 (2) in making a determination of reasonableness under subsection
5332+28 (j), consider whether a third party administrator implements an
5333+29 energy efficiency program.
5334+30 (o) If the commission finds a plan submitted by an electricity
5335+31 supplier under subsection (h) to be reasonable, the commission shall
5336+32 allow the electricity supplier to recover or receive the following:
5337+33 (1) Reasonable financial incentives that:
5338+34 (A) encourage implementation of cost effective energy
5339+35 efficiency programs; or
5340+36 (B) eliminate or offset regulatory or financial bias:
5341+37 (i) against energy efficiency programs; or
5342+38 (ii) in favor of supply side resources.
5343+39 (2) Reasonable lost revenues.
5344+40 A retail rate adjustment mechanism proposed by an electricity supplier
5345+41 under this section to implement the timely recovery of program costs
5346+42 (including reasonable lost revenues) may be based on a reasonable
5347+EH 1050—LS 6050/DI 112 125
5348+1 forecast, with consideration given to the electricity supplier's historical
5349+2 lost revenue forecasting accuracy. If forecasted data is used, the retail
5350+3 rate adjustment mechanism must include a reconciliation mechanism
5351+4 to correct for any variance between the forecasted program costs
5352+5 (including reasonable lost revenues and financial incentives) and the
5353+6 actual program costs (including reasonable lost revenues and financial
5354+7 incentives based on the evaluation, measurement, and verification of
5355+8 the energy efficiency programs under the plan).
5356+9 (p) An industrial customer (as defined in section 9(e) of this
5357+10 chapter) may opt out of an electricity supplier's plan under this section
5358+11 by following the procedure set forth in section 9(f) and 9(g) of this
5359+12 chapter. The opt out of an industrial customer who has previously
5360+13 complied with the procedure set forth in section 9(f) of this chapter
5361+14 constitutes an opt out of an electricity supplier's plan under this section.
5362+15 An industrial customer may follow the procedure set forth in section
5363+16 9(g) of this chapter to opt back in.
5364+17 (q) The commission shall adopt:
5365+18 (1) rules under IC 4-22-2; or
5366+19 (2) guidelines;
5367+20 to assist electricity suppliers and industrial customers in complying
5368+21 with this section.
5369+22 SECTION 118. IC 8-1-22.6-10, AS ADDED BY P.L.110-2007,
5370+23 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5371+24 JULY 1, 2025]: Sec. 10. (a) The pipeline company shall provide the
5372+25 division with a list of landowners that will be affected by the proposed
5373+26 construction of a pipeline or a segment of a pipeline in Indiana. The list
5374+27 must include all affected landowners that the pipeline company must
5375+28 provide notice to under IC 32-24-1-3(g).
5376+29 (b) The division shall send, by certified mail, the following to each
5377+30 affected landowner:
5378+31 (1) A copy of, or reference to, the guidelines adopted by the
5379+32 division.
5380+33 (2) A notice that includes the following:
5381+34 (A) A statement that the division has adopted the pipeline
5382+35 construction guidelines included with, or referenced in, the
5383+36 notice.
5384+37 (B) A statement indicating that the pipeline construction
5385+38 guidelines have been mailed to the pipeline company. The
5386+39 statement required by this clause must specify a date after
5387+40 which the affected landowner may contact a toll free telephone
5388+41 number established by the division to provide information on
5389+42 the status of any construction guidelines agreed to by the
5390+EH 1050—LS 6050/DI 112 126
5391+1 pipeline company.
5392+2 (C) A statement indicating that any guidelines agreed to by the
5393+3 pipeline company shall not be binding on the pipeline
5394+4 company or affected landowners but may be used by the
5395+5 pipeline company and an individual landowner to simplify
5396+6 negotiations involved in establishing a price for any:
5397+7 (i) easement; or
5398+8 (ii) other interest in land;
5399+9 needed by the pipeline company to construct the pipeline.
5400+10 (D) A statement encouraging the affected landowner to agree
5401+11 to any construction guidelines that the pipeline company
5402+12 agrees to follow, to the extent that the landowner determines
5403+13 that the guidelines are not contrary to the landowner's best
5404+14 interests.
5405+15 (E) A statement including:
5406+16 (i) contact information for the one (1) or more project
5407+17 coordinators designated by the division under section 12 of
5408+18 this chapter;
5409+19 (ii) contact information for the Federal Energy Regulatory
5410+20 Commission, including a local or toll free telephone
5411+21 number; and
5412+22 (iii) the commission's web site website address.
5413+23 (c) The division shall mail the information required under
5414+24 subsection (b) not later than twenty (20) days after the division is
5415+25 notified by the pipeline company of the proposed route and is provided
5416+26 with a list of the affected landowners as required by subsection (a).
5417+27 SECTION 119. IC 8-1-22.6-12, AS ADDED BY P.L.110-2007,
5418+28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5419+29 JULY 1, 2025]: Sec. 12. For each proposed or ongoing pipeline project
5420+30 in Indiana, the director of the division shall designate one (1) or more
5421+31 employees of the division to serve as project coordinators for the
5422+32 division. The director shall ensure that one (1) or more of the
5423+33 coordinators designated under this section are responsible for the
5424+34 following duties concerning the project:
5425+35 (1) Monitoring all:
5426+36 (A) filings with; and
5427+37 (B) proceedings before;
5428+38 the Federal Energy Regulatory Commission.
5429+39 (2) Attending all public hearings or meetings concerning the
5430+40 project that are held in Indiana.
5431+41 (3) Receiving and responding to questions and complaints about
5432+42 the project from Indiana residents.
5433+EH 1050—LS 6050/DI 112 127
5434+1 (4) Updating the information required to be made available on the
5435+2 commission's web site website under section 13 of this chapter.
5436+3 (5) Any other duties assigned by the director of the division.
5437+4 SECTION 120. IC 8-1-22.6-13, AS ADDED BY P.L.110-2007,
5438+5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5439+6 JULY 1, 2025]: Sec. 13. (a) The division shall make the following
5440+7 available on the commission's web site: website:
5441+8 (1) A link to the guidelines adopted by the division.
5442+9 (2) For each proposed or ongoing pipeline construction project in
5443+10 Indiana, the following information:
5444+11 (A) A description of the pipeline company and the pipeline
5445+12 project, including:
5446+13 (i) the pipeline's location, purpose, and construction
5447+14 schedule; and
5448+15 (ii) the docket number assigned to the project by the Federal
5449+16 Energy Regulatory Commission.
5450+17 (B) Contact information for the pipeline company, including
5451+18 a local or toll free telephone number.
5452+19 (C) Contact information for the Federal Energy Regulatory
5453+20 Commission, including a local or toll free telephone number.
5454+21 (D) Contact information for the one (1) or more project
5455+22 coordinators designated under section 12 of this chapter to
5456+23 receive and respond to questions and complaints from Indiana
5457+24 residents.
5458+25 (E) Information on public hearings or meetings that are
5459+26 scheduled in connection with the pipeline project.
5460+27 (F) Other information concerning the pipeline project that the
5461+28 division considers relevant or of likely concern to Indiana
5462+29 residents.
5463+30 (b) The division shall update the information required under
5464+31 subsection (a)(1) whenever:
5465+32 (1) one (1) or more guidelines adopted by the division are revised
5466+33 or superseded by the division; or
5467+34 (2) one (1) or more new guidelines are adopted by the division.
5468+35 (c) The division shall update the information required under
5469+36 subsection (a)(2) on a regular basis throughout the course of a pipeline
5470+37 project. The division shall ensure that all information on the division's
5471+38 web site website concerning a pipeline project is accurate, current, and
5472+39 accessible. The director of the division shall assign the responsibility
5473+40 of complying with this subsection to one (1) or more project
5474+41 coordinators designated under section 12 of this chapter.
5475+42 SECTION 121. IC 8-1-31.6-6, AS AMENDED BY P.L.6-2024,
5476+EH 1050—LS 6050/DI 112 128
5477+1 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5478+2 JULY 1, 2025]: Sec. 6. (a) As used in this section, "occupant", with
5479+3 respect to any:
5480+4 (1) building;
5481+5 (2) structure; or
5482+6 (3) dwelling;
5483+7 that is served by a lead service line, means a person in actual
5484+8 possession of and residing in or occupying the building, structure, or
5485+9 dwelling.
5486+10 (b) As used in this section, "owner", with respect to any:
5487+11 (1) building;
5488+12 (2) structure; or
5489+13 (3) dwelling;
5490+14 that is served by a lead service line, means a person who has legal title
5491+15 to the building, structure, or dwelling, as indicated by the property tax
5492+16 records of the county in which the property is located, or by the account
5493+17 or other customer or billing records maintained by the water utility with
5494+18 respect to the property, regardless of whether the person is in actual
5495+19 possession of and residing in or occupying the building, structure, or
5496+20 dwelling.
5497+21 (c) Before a water utility is authorized to include customer lead
5498+22 service line improvements as eligible infrastructure improvements for
5499+23 purposes of IC 8-1-31, for a public utility, or for purposes of this
5500+24 chapter, for a municipally owned utility, the commission must first
5501+25 approve the water utility's plan for the replacement of the customer
5502+26 owned portion of the lead service lines within or connected to the water
5503+27 utility's system. The water utility's plan must address the following:
5504+28 (1) The availability of grants or low interest loans and how the
5505+29 water utility plans to use available grants or low interest loans to
5506+30 help the water utility finance or reduce the cost of the customer
5507+31 lead service line improvements for the water utility and the water
5508+32 utility's customers, including any arrangements for the customer
5509+33 to receive available grants or financing directly.
5510+34 (2) A description of how the replacement of customer owned lead
5511+35 service lines will be accomplished in conjunction with
5512+36 distribution system infrastructure replacement projects.
5513+37 (3) The estimated savings in costs per service line that would be
5514+38 realized by the water utility replacing the customer owned portion
5515+39 of the lead service lines versus the anticipated replacement costs
5516+40 if customers were required to replace the customer owned portion
5517+41 of the lead service lines.
5518+42 (4) The number of lead mains and lead service lines estimated to
5519+EH 1050—LS 6050/DI 112 129
5520+1 be part of the water utility's system.
5521+2 (5) A range for the number of customer owned lead service lines
5522+3 estimated to be replaced annually.
5523+4 (6) A range for the total feet of lead mains estimated to be
5524+5 replaced annually.
5525+6 (7) The water utility's proposal for addressing the costs of unusual
5526+7 site restoration work necessitated by structures or improvements
5527+8 located above the customer owned portion of the lead service
5528+9 lines.
5529+10 (8) The water utility's proposal for communicating with the
5530+11 customer the availability of the water utility's plan to replace the
5531+12 customer owned portion of the lead service line in conjunction
5532+13 with the water utility's replacement of the utility owned portion of
5533+14 the lead service line.
5534+15 (9) The water utility's proposal concerning whether the water
5535+16 utility or the customer will be responsible for future replacement
5536+17 or repair of the portion of the new service line corresponding to
5537+18 the previous customer owned lead service line.
5538+19 (10) The estimated total cost to replace all customer owned
5539+20 portions of the lead service lines within or connected to the water
5540+21 utility's system and an estimated range for the annual cost to be
5541+22 incurred by the water utility under the water utility's plan.
5542+23 (d) Notwithstanding the terms of a water utility's plan for the
5543+24 replacement of the customer owned portion of the lead service lines
5544+25 within or connected to the water utility's system, the following apply to
5545+26 the owner of a building, structure, or dwelling that is served by a
5546+27 customer owned lead service line within or connected to the water
5547+28 utility's system:
5548+29 (1) Upon request by the water utility, the owner of a building,
5549+30 structure, or dwelling, other than a multi-family residential
5550+31 property that contains more than four (4) dwelling units, shall
5551+32 replace, or cause to be replaced, the customer owned portion of
5552+33 the lead service line by either of the following methods:
5553+34 (A) Enrolling in the lead service line replacement program
5554+35 offered by the water utility and, after enrolling, allowing the
5555+36 water utility or the water utility's agents to access the owner's
5556+37 property, at no cost to the water utility, to conduct the
5557+38 replacement in accordance with the water utility's plan.
5558+39 (B) Replacing the customer owned portion of the lead service
5559+40 line through the owner's own agents or contractors and at the
5560+41 owner's own expense. If the owner elects to replace the
5561+42 customer owned portion of the lead service line under this
5562+EH 1050—LS 6050/DI 112 130
5563+1 clause, the replacement must be completed not later than
5564+2 forty-five (45) days after the water utility first communicates
5565+3 to the owner the availability of the water utility's program to
5566+4 replace the customer owned portion of the lead service line.
5567+5 (2) If the owner of a building, structure, or dwelling, other than a
5568+6 multi-family residential property that contains more than four (4)
5569+7 dwelling units:
5570+8 (A) does not enroll in the lead service line replacement
5571+9 program offered by the water utility;
5572+10 (B) does not replace the customer owned portion of the lead
5573+11 service line through the owner's own agents or contractors and
5574+12 at the owner's own expense within the forty-five (45) day
5575+13 period described in subdivision (1)(B); or
5576+14 (C) fails to communicate with the water utility, or is
5577+15 nonresponsive to the water utility's attempted communications,
5578+16 regarding the replacement of the customer owned portion of
5579+17 the lead service line;
5580+18 the water utility or the water utility's agent may, after the
5581+19 expiration of the forty-five (45) day period described in
5582+20 subdivision (1)(B), enter the property to replace the customer
5583+21 owned portion of the lead service line without having obtained the
5584+22 permission of the owner with respect to the entry or the
5585+23 replacement. A water utility, including an agent of the water
5586+24 utility, that enters an owner's property and conducts a replacement
5587+25 under this subdivision shall be held harmless by and is not liable
5588+26 to the owner with respect to the entry or the replacement. If the
5589+27 property is occupied by an occupant other than the owner, and the
5590+28 occupant grants the water utility or the water utility's agent access
5591+29 to the property to conduct a replacement under this subdivision,
5592+30 the occupant shall also be held harmless by and is also not liable
5593+31 to the owner with respect to the entry or the replacement.
5594+32 Notwithstanding the terms of the water utility's plan for the
5595+33 replacement of customer owned lead service lines, a water utility
5596+34 that conducts a replacement under this subdivision is not liable
5597+35 for any property restoration costs necessitated by the replacement
5598+36 and that exceed five hundred dollars ($500). The owner is
5599+37 responsible for the completion and cost of any property
5600+38 restoration work necessitated by the replacement and exceeding
5601+39 the five hundred dollar ($500) limit set forth in this subdivision.
5602+40 A water utility that enters an owner's property as permitted under
5603+41 this subdivision is not liable to the owner for any cost for access
5604+42 to, or for an easement on, the property.
5605+EH 1050—LS 6050/DI 112 131
5606+1 (3) Upon request by the water utility, the owner of a multi-family
5607+2 residential property that contains more than four (4) dwelling
5608+3 units may elect to participate in the water utility's lead service line
5609+4 replacement program. An owner shall communicate to the water
5610+5 utility the owner's election to participate in the water utility's
5611+6 program under this subdivision not later than forty-five (45) days
5612+7 after receiving the water utility's request. If the owner does not
5613+8 communicate the owner's election to participate in the water
5614+9 utility's program within the forty-five (45) day period set forth in
5615+10 this subdivision, the owner, or any future owner of the property,
5616+11 is responsible for replacing the customer owned portion of the
5617+12 lead service line through the owner's own agents or contractors
5618+13 and at the owner's own expense.
5619+14 (4) In any case in which the conditions set forth in subdivision (2)
5620+15 apply and in which the water utility attempts to avail itself of the
5621+16 remedies set forth in subdivision (2) but is prevented from doing
5622+17 so by the owner of the property, the water utility may, in
5623+18 accordance with state law and rules adopted by the commission,
5624+19 disconnect water service to the property. Before water service
5625+20 may be restored to the property, the owner must provide the water
5626+21 utility with proof that:
5627+22 (A) the owner has enrolled in the water utility's lead service
5628+23 line replacement program under subdivision (1)(A); or
5629+24 (B) the customer owned service line has been replaced in
5630+25 accordance with subdivision (1)(B).
5631+26 (5) In the case of any:
5632+27 (A) building;
5633+28 (B) structure; or
5634+29 (C) dwelling;
5635+30 that the water utility has determined, in accordance with any
5636+31 applicable law, to be abandoned or unserviceable, the water utility
5637+32 may disconnect water service to the property and require the
5638+33 owner, or any future owner, of the property to install a new
5639+34 service line through the owner's own agents or contractors and at
5640+35 the owner's own expense.
5641+36 (6) The provisions set forth in this subsection may be
5642+37 incorporated into a water utility's plan that has been previously
5643+38 approved by the commission under this section. A water utility
5644+39 that incorporates the provisions set forth in this subsection into a
5645+40 previously approved plan is not required to obtain any additional
5646+41 approval from the commission with respect to the incorporated
5647+42 provisions.
5648+EH 1050—LS 6050/DI 112 132
5649+1 (e) The commission shall approve a water utility's plan if the
5650+2 commission finds the plan to be reasonable and in the public interest.
5651+3 Subject to subsection (f), in general rate cases following the approval
5652+4 of a public utility's plan, the commission shall for ratemaking purposes
5653+5 add to the value of the public utility's property for purposes of
5654+6 IC 8-1-2-6 the actual costs incurred by the public utility in replacing
5655+7 the customer owned portion of the lead service lines and in removing
5656+8 customer owned lead service lines from service in accordance with the
5657+9 public utility's plan, notwithstanding the continued ownership of the
5658+10 service line by the customer.
5659+11 (f) To the extent a water utility incurs an annual cost under the water
5660+12 utility's plan in excess of the range set forth in subsection (c)(10) and
5661+13 approved by the commission under subsection (e), the additional costs
5662+14 are not eligible for the ratemaking treatment provided for in this section
5663+15 or in section 7, 8, or 10 of this chapter.
5664+16 SECTION 122. IC 8-1-32.3-15, AS AMENDED BY P.L.9-2022,
5665+17 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5666+18 JULY 1, 2025]: Sec. 15. (a) This chapter applies to permits issued by
5667+19 a permit authority to a communications service provider, under local
5668+20 law and consistent with IC 36-7, for the following:
5669+21 (1) Construction of a new wireless support structure.
5670+22 (2) Substantial modification of a wireless support structure.
5671+23 (3) Collocation of wireless facilities on an existing structure.
5672+24 (4) Construction, placement, and use of small cell facilities.
5673+25 (b) A permit authority may not require an application or a permit
5674+26 for, or charge fees for, any of the following:
5675+27 (1) The routine maintenance of wireless facilities.
5676+28 (2) The replacement of wireless facilities with wireless facilities
5677+29 that are:
5678+30 (A) substantially similar to; or
5679+31 (B) the same size or smaller than;
5680+32 the wireless facilities being replaced.
5681+33 (3) The installation, placement, maintenance, or replacement of
5682+34 micro wireless facilities that are suspended on cables strung
5683+35 between existing utility poles in compliance with applicable codes
5684+36 by a communications service provider that is authorized to use the
5685+37 public rights-of-way. For purposes of this subdivision, "applicable
5686+38 codes" means uniform building, fire, electrical, plumbing, or
5687+39 mechanical codes that are:
5688+40 (A) adopted by a recognized national code organization; and
5689+41 (B) enacted solely to address imminent threats of destruction
5690+42 of property or injury to persons;
5691+EH 1050—LS 6050/DI 112 133
5692+1 including any local amendments to those codes.
5693+2 (c) With respect to the construction, placement, or use of a small
5694+3 cell facility and the associated supporting structure, a permit authority
5695+4 may prohibit the placement of a new utility pole or a new wireless
5696+5 support structure in a right-of-way within an area that is designated
5697+6 strictly for underground or buried utilities, if all of the following apply:
5698+7 (1) The area is designated strictly for underground or buried
5699+8 utilities before May 1, 2017.
5700+9 (2) No above ground:
5701+10 (A) wireless support structure;
5702+11 (B) utility pole; or
5703+12 (C) other utility superstructure;
5704+13 other than light poles or small cell facilities approved as part of a
5705+14 waiver process described in subdivision (3)(C), exists in the area.
5706+15 (3) The permit authority does all of the following:
5707+16 (A) Allows the collocation of small cell facilities on existing:
5708+17 (i) utility poles;
5709+18 (ii) light poles; and
5710+19 (iii) wireless support structures;
5711+20 as a permitted use within the area.
5712+21 (B) Allows the replacement or improvement of existing:
5713+22 (i) utility poles;
5714+23 (ii) light poles; and
5715+24 (iii) wireless support structures;
5716+25 as a permitted use within the area.
5717+26 (C) Provides:
5718+27 (i) a waiver;
5719+28 (ii) a zoning process; or
5720+29 (iii) another procedure;
5721+30 that addresses requests to install new utility poles or new
5722+31 wireless support structures within the area.
5723+32 (D) Upon receipt of an application for the construction,
5724+33 placement, or use of a small cell facility on one (1) or more
5725+34 new utility poles or one (1) or more new wireless support
5726+35 structures in an area that is designated strictly for underground
5727+36 or buried utilities, posts notice of the application on the permit
5728+37 authority's Internet web site, website, if the permit authority
5729+38 maintains an Internet web site. a website. The notice of the
5730+39 application required by this clause must include a statement
5731+40 indicating that the application is available to the public upon
5732+41 request.
5733+42 (4) The prohibition or other restrictions with respect to the
5734+EH 1050—LS 6050/DI 112 134
5735+1 placement of new utility poles or new wireless support structures
5736+2 within the area are applied in a nondiscriminatory manner.
5737+3 (5) The area is zoned strictly for residential land use before May
5738+4 1, 2017.
5739+5 (d) With respect to applications for the placement of one (1) or more
5740+6 small cell facilities in an area that is zoned strictly for residential land
5741+7 use, and that is designated strictly for underground or buried utilities,
5742+8 a permit authority shall allow a neighborhood association or a
5743+9 homeowners association to register with the permit authority to:
5744+10 (1) receive notice; and
5745+11 (2) request that homeowners within the jurisdiction of the
5746+12 neighborhood association or homeowners association receive
5747+13 notice;
5748+14 by United States mail or by electronic mail of any application filed with
5749+15 the permit authority for a permitted use described in subsection
5750+16 (c)(3)(A) or (c)(3)(B) or for the construction, placement, or use of a
5751+17 small cell facility on one (1) or more new utility poles or one (1) or
5752+18 more new wireless support structures in an area that is designated
5753+19 strictly for underground or buried utilities and that is within the
5754+20 jurisdiction of the neighborhood association or homeowners
5755+21 association. If the permit authority maintains an Internet web site, a
5756+22 website, the permit authority shall post on the permit authority's
5757+23 Internet web site website instructions for how a neighborhood
5758+24 association or homeowners association may register to receive notice
5759+25 under this subsection. A permit authority that receives a request under
5760+26 subdivision (2) may agree to provide notice to homeowners regarding
5761+27 a project for which applications described in this subsection have been
5762+28 filed with the permit authority, but not provide notice to homeowners
5763+29 regarding each permit application filed with the permit authority with
5764+30 respect to the project. A permit authority that receives a request under
5765+31 subdivision (2) may agree to provide notice only to certain
5766+32 homeowners. A permit authority may require a neighborhood
5767+33 association, homeowners association, or homeowner to pay the cost of
5768+34 postage associated with the mailed provision of notice to the
5769+35 neighborhood association, homeowners association, or homeowner
5770+36 under this subsection. A permit authority that chooses to provide
5771+37 mailed notice under this subsection at its own cost may choose to pass
5772+38 those costs along to a permit applicant. Any mailing costs passed
5773+39 through to an applicant under this subsection are not in addition to the
5774+40 application fee, and shall not increase the application fee beyond the
5775+41 limit set forth in section 26(a)(3) of this chapter. A permit authority
5776+42 may not pass through to an applicant any costs for notices provided
5777+EH 1050—LS 6050/DI 112 135
5778+1 electronically.
5779+2 (e) This subsection does not apply to an application for a permitted
5780+3 use described in subsection (c)(3)(A) or (c)(3)(B). With respect to an
5781+4 area that is designated strictly for underground or buried utilities in
5782+5 accordance with subsection (c), to establish the standards that will
5783+6 apply in a waiver, zoning process, or other procedure described in
5784+7 subsection (c)(3)(C), a permit authority may collaborate with a
5785+8 neighborhood association or a homeowners association on the preferred
5786+9 location and reasonable aesthetics of new utility poles or new wireless
5787+10 support structures added within the jurisdiction of the neighborhood
5788+11 association or homeowners association. For purposes of this
5789+12 subsection, a permit authority is considered to have collaborated with
5790+13 a neighborhood association or a homeowners association if the permit
5791+14 authority adopts neighborhood specific guidelines after providing
5792+15 notice and allowing public comment on the proposed guidelines. A
5793+16 permit authority must comply with any guidelines adopted under this
5794+17 subsection with respect to a particular application for a permit if:
5795+18 (1) the guidelines have been adopted and published before the
5796+19 filing of the application in a manner consistent with this
5797+20 subsection;
5798+21 (2) subject to subsection (f), compliance with the guidelines is
5799+22 technically feasible and cost-efficient, as determined by the
5800+23 applicant; and
5801+24 (3) compliance with the guidelines does not result in a prohibition
5802+25 of the applicant's service or an effective prohibition of the
5803+26 applicant's service.
5804+27 A permit authority that elects not to collaborate with a neighborhood
5805+28 association or a homeowners association to adopt neighborhood
5806+29 specific guidelines under this subsection is not precluded from using
5807+30 the waiver, zoning process, or other procedure described in subsection
5808+31 (c)(3)(C) with respect to any application to place one (1) or more new
5809+32 utility poles or new wireless support structures within the jurisdiction
5810+33 of the neighborhood association or homeowners association.
5811+34 (f) In demonstrating that compliance with guidelines adopted by a
5812+35 permit authority under subsection (e) is not technically feasible under
5813+36 subsection (e)(2), a permit applicant may not be required to submit
5814+37 information about the need for a small cell facility or the associated
5815+38 wireless support structure, including:
5816+39 (1) information about additional wireless coverage or capacity, or
5817+40 increased wireless speeds;
5818+41 (2) propagation maps or telecommunications traffic studies; or
5819+42 (3) information about the permit applicant's business decisions
5820+EH 1050—LS 6050/DI 112 136
5821+1 with respect to:
5822+2 (A) service;
5823+3 (B) customer demand; or
5824+4 (C) quality of service;
5825+5 to or from a particular area or site.
5826+6 (g) Subject to section 26(b) of this chapter, with respect to the
5827+7 construction, placement, or use of a small cell facility and the
5828+8 associated supporting structure within an area:
5829+9 (1) designated as a historic preservation district under IC 36-7-11;
5830+10 (2) designated as a historic preservation area under IC 36-7-11.1;
5831+11 or
5832+12 (3) that is subject to the jurisdiction of the Meridian Street
5833+13 preservation commission under IC 36-7-11.2;
5834+14 a permit authority may apply any generally applicable procedures that
5835+15 require applicants to obtain a certificate of appropriateness.
5836+16 (h) An applicant for the placement of a small cell facility and an
5837+17 associated supporting structure shall comply with applicable:
5838+18 (1) Federal Communications Commission requirements; and
5839+19 (2) industry standards;
5840+20 for identifying the owner's name and contact information.
5841+21 (i) A resolution, ordinance, or other regulation:
5842+22 (1) adopted by a permit authority after April 14, 2017, and before
5843+23 May 2, 2017; and
5844+24 (2) that designates an area within the jurisdiction of the permit
5845+25 authority as strictly for underground or buried utilities;
5846+26 applies only to communications service providers and those geographic
5847+27 areas that are zoned residential and where all existing utility
5848+28 infrastructure is already buried.
5849+29 (j) Nothing in this section extends the time periods set forth in
5850+30 section 20 of this chapter.
5851+31 SECTION 123. IC 8-1-34-30, AS AMENDED BY P.L.177-2018,
5852+32 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5853+33 JULY 1, 2025]: Sec. 30. (a) As used in this section, "designated
5854+34 employee" means a holder's:
5855+35 (1) employee; or
5856+36 (2) authorized agent;
5857+37 whom the holder designates or will designate to receive direct
5858+38 marketing authority.
5859+39 (b) As used in this section, "direct marketing authority" means the
5860+40 authority granted by the commission to a holder to market any service
5861+41 or product offered by the holder directly to all households and
5862+42 businesses in a service area served by the holder.
5863+EH 1050—LS 6050/DI 112 137
5864+1 (c) As used in this section, "political subdivision" has the meaning
5865+2 set forth in IC 36-1-2-13.
5866+3 (d) A holder may apply to the commission, in the manner and form
5867+4 prescribed by the commission, for direct marketing authority. An
5868+5 application must include the following information with respect to each
5869+6 designated employee of the holder:
5870+7 (1) Name.
5871+8 (2) Home address.
5872+9 (3) Driver's license number.
5873+10 (4) A certification described in subsection (e)(1).
5874+11 (e) In an application under subsection (d), a holder shall include the
5875+12 following:
5876+13 (1) A certification by the holder that each designated employee
5877+14 satisfies the following requirements:
5878+15 (A) The employee is at least eighteen (18) years of age.
5879+16 (B) The employee has a high school diploma or the equivalent
5880+17 of a high school diploma.
5881+18 (C) The employee has not been convicted of a felony within
5882+19 the seven (7) years immediately preceding the date of the
5883+20 application.
5884+21 (D) Within the seven (7) years immediately preceding the date
5885+22 of the application, the employee has not been released from
5886+23 incarceration after serving time for a felony conviction.
5887+24 (E) The employee has not been convicted of:
5888+25 (i) a misdemeanor involving fraud, deceit, or dishonesty;
5889+26 (ii) a battery offense included in IC 35-42-2 as a
5890+27 misdemeanor; or
5891+28 (iii) two (2) or more misdemeanors involving the illegal use
5892+29 of alcohol or the illegal sale, use, or possession of a
5893+30 controlled substance;
5894+31 within the five (5) years immediately preceding the date of the
5895+32 application.
5896+33 (F) The employee has a valid driver's license.
5897+34 (2) Proof of financial responsibility.
5898+35 (f) A holder may comply with subsection (e)(1) by submitting to the
5899+36 commission a document signed by the holder in which the holder:
5900+37 (1) identifies each designated employee by name, home address,
5901+38 and driver's license number;
5902+39 (2) certifies that each designated employee has been the subject
5903+40 of a criminal history background check for each jurisdiction in the
5904+41 United States in which the designated employee has lived or
5905+42 worked within the seven (7) years immediately preceding the date
5906+EH 1050—LS 6050/DI 112 138
5907+1 of the application; and
5908+2 (3) affirms that the background check described in subdivision (2)
5909+3 for each designated employee indicates that the designated
5910+4 employee satisfies the requirements set forth in subsection (e)(1),
5911+5 as applicable.
5912+6 (g) Not more than fifteen (15) days after the commission receives an
5913+7 application under subsection (d), the commission shall determine
5914+8 whether the application is complete and properly verified. If the
5915+9 commission determines that the application is incomplete or not
5916+10 properly verified, the commission shall notify the applicant holder of
5917+11 the deficiency and allow the holder to resubmit the application after
5918+12 correcting the deficiency. If the commission determines that the
5919+13 application is complete and properly verified, the commission shall
5920+14 issue an order granting the holder direct marketing authority. The order
5921+15 must contain the following:
5922+16 (1) The name of the holder.
5923+17 (2) The names of designated employees of the holder.
5924+18 (3) A grant of direct marketing authority to the holder and
5925+19 designated employees of the holder.
5926+20 (4) The date on which the order takes effect.
5927+21 The commission shall provide public notice of an order granting direct
5928+22 marketing authority under this subsection by posting the order on the
5929+23 commission's Internet web site. website.
5930+24 (h) A holder that has direct marketing authority shall notify the
5931+25 commission in a timely manner of any changes to the holder's list of
5932+26 designated employees. A designated employee may exercise direct
5933+27 marketing authority immediately upon the holder's submission to the
5934+28 commission of all information required under subsection (e)(1) with
5935+29 respect to the designated employee.
5936+30 (i) Only the commission is authorized to grant direct marketing
5937+31 authority to a holder under this section. However, subject to subsection
5938+32 (j), with respect to direct marketing activities in a holder's service area
5939+33 within a political subdivision, this section does not prohibit a holder
5940+34 from electing to:
5941+35 (1) apply for marketing or solicitation authority directly from the
5942+36 political subdivision; and
5943+37 (2) exercise any marketing or solicitation authority under a
5944+38 license, permit, or other authority granted by the political
5945+39 subdivision before, on, or after June 30, 2013;
5946+40 instead of applying for and exercising direct marketing authority
5947+41 granted by the commission under this section.
5948+42 (j) A political subdivision may not do any of the following:
5949+EH 1050—LS 6050/DI 112 139
5950+1 (1) Require a holder that is granted direct marketing authority
5951+2 from the commission under this section to also obtain marketing
5952+3 or solicitation authority from the political subdivision in order to
5953+4 engage in direct marketing in the holder's service area within the
5954+5 political subdivision.
5955+6 (2) Impose any licensing requirement or fee on a holder in
5956+7 connection with any direct marketing authority granted to the
5957+8 holder by the commission under this section with respect to the
5958+9 holder's service area within the political subdivision.
5959+10 (3) Except as provided in subsection (k), otherwise regulate a
5960+11 holder that is granted direct marketing authority from the
5961+12 commission under this section and that engages in direct
5962+13 marketing in the holder's service area within the political
5963+14 subdivision.
5964+15 (k) A political subdivision may enforce any ordinance or regulation
5965+16 that:
5966+17 (1) imposes restrictions as to the hours or manner in which direct
5967+18 marketing activities may be performed in the political
5968+19 subdivision; and
5969+20 (2) applies uniformly to all persons engaging in direct marketing
5970+21 or other soliciting in the political subdivision, regardless of:
5971+22 (A) the product or service being marketed; or
5972+23 (B) the type of business engaged in by the person engaging in
5973+24 the direct marketing or other soliciting.
5974+25 SECTION 124. IC 8-2-17-2, AS AMENDED BY P.L.152-2021,
5975+26 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5976+27 JULY 1, 2025]: Sec. 2. The legislative body shall not grant a license to
5977+28 the applicant until satisfactory evidence is produced showing that the
5978+29 application has been on file in the office of the city or town clerk for
5979+30 not less than fourteen (14) days and that notice of the filing of the
5980+31 application has been posted for at least two (2) weeks at the door of the
5981+32 city hall of any city or at some public place in any town and published
5982+33 once each week for two (2) consecutive weeks:
5983+34 (1) with each publication of the notice made in a newspaper of
5984+35 general circulation in the city or town or where there is no
5985+36 newspaper, notice by posting is sufficient notice; or
5986+37 (2) with the first publication made in a newspaper described in
5987+38 subdivision (1) and the second publication:
5988+39 (A) in accordance with IC 5-3-5; and
5989+40 (B) on the official web site website of the city or town.
5990+41 SECTION 125. IC 8-2.1-28-5 IS REPEALED [EFFECTIVE JULY
5991+42 1, 2025]. Sec. 5. The department may adopt rules under IC 4-22-2 to
5992+EH 1050—LS 6050/DI 112 140
5993+1 carry out this chapter.
5994+2 SECTION 126. IC 8-10-5-1, AS AMENDED BY P.L.152-2021,
5995+3 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5996+4 JULY 1, 2025]: Sec. 1. As used in The following definitions apply
5997+5 throughout this chapter:
5998+6 (1) "Port authority" means a port authority created pursuant to
5999+7 authority of this chapter.
6000+8 (2) The terms "port" or "harbor" may be used interchangeably and
6001+9 when used in this chapter shall mean any area used for servicing,
6002+10 storing, protecting, mooring, loading or unloading, or repairing
6003+11 any watercraft, on or adjacent to any body of water which may be
6004+12 wholly or partially within or wholly or partially adjacent to the
6005+13 state of Indiana. The terms include a breakwater area.
6006+14 (3) The term "watercraft" shall mean any vessel, barge, boat, ship,
6007+15 tug, sailingcraft, skiff, raft, inboard or outboard propelled boat, or
6008+16 any contrivance known on March 13, 1959, or invented after
6009+17 March 13, 1959, used or designed for navigation of or use upon
6010+18 water, including a vessel permanently anchored in a port.
6011+19 (4) "Publication" means publication once a week for two (2)
6012+20 consecutive weeks:
6013+21 (A) with each publication of notice made in a newspaper of
6014+22 general circulation in the city, county, or counties where
6015+23 publication is required to be made; or
6016+24 (B) with the first publication of notice made in a newspaper
6017+25 described in clause (A) and the second publication of notice:
6018+26 (i) in accordance with IC 5-3-5; and
6019+27 (ii) on the official web site website of the city, county, or
6020+28 counties where publication is required to be made.
6021+29 (5) The term "governing body" shall mean the legislative
6022+30 authority of the governmental unit or units establishing or having
6023+31 established a port authority under the provisions of this chapter.
6024+32 SECTION 127. IC 8-14-9-6, AS AMENDED BY P.L.152-2021,
6025+33 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6026+34 JULY 1, 2025]: Sec. 6. (a) A resolution adopted under section 5 of this
6027+35 chapter shall be made available for public inspection. The board shall
6028+36 publish notice of the adoption. The notice must contain a general
6029+37 description of the resolution, and it must indicate that the resolution
6030+38 and included materials may be inspected at a specified location.
6031+39 (b) The notice shall be published once each week for two (2)
6032+40 consecutive weeks:
6033+41 (1) with each publication of notice in one (1) newspaper of
6034+42 general circulation within the local county road and bridge
6035+EH 1050—LS 6050/DI 112 141
6036+1 district; or
6037+2 (2) with the first publication of notice in a newspaper described
6038+3 in subdivision (1) and the second publication of notice:
6039+4 (A) in accordance with IC 5-3-5; and
6040+5 (B) on the official web site website of the county in which the
6041+6 district is located.
6042+7 (c) The notice shall specify a date, not less than ten (10) days after
6043+8 the date of last publication, on which the board will conduct a hearing
6044+9 at which interested or affected parties may object to the resolution.
6045+10 SECTION 128. IC 8-15.5-4-1.5, AS AMENDED BY P.L.218-2017,
6046+11 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6047+12 JULY 1, 2025]: Sec. 1.5. (a) This section applies only to a toll road
6048+13 project and not to a freeway project or a facility project.
6049+14 (b) The authority may not issue a request for proposals for a toll
6050+15 road project under this article unless the authority has received a
6051+16 preliminary feasibility study and an economic impact study for the
6052+17 project from the department, conducted a public hearing, and
6053+18 concluded the periods for public comments and the authority's replies.
6054+19 (c) The economic impact study must, at a minimum, include an
6055+20 analysis of the following matters with respect to the proposed project:
6056+21 (1) Economic impacts on existing commercial and industrial
6057+22 development.
6058+23 (2) Potential impacts on employment.
6059+24 (3) Potential for future development near the project area,
6060+25 including consideration of locations for interchanges that will
6061+26 maximize opportunities for development.
6062+27 (4) Fiscal impacts on revenues to local units of government.
6063+28 (5) Demands on government services, such as public safety,
6064+29 public works, education, zoning and building, and local airports.
6065+30 The authority shall post a copy of the economic impact study on the
6066+31 authority's Internet web site website and shall also provide copies of
6067+32 the study to the governor and the legislative council (in an electronic
6068+33 format under IC 5-14-6).
6069+34 (d) After completion of the economic impact study, the authority
6070+35 must conduct a public hearing on the results of the study in the county
6071+36 seat of the county in which the proposed project would be located. At
6072+37 least ten (10) days before each public hearing, the authority shall:
6073+38 (1) post notice of the public hearing on the authority's Internet
6074+39 web site; website;
6075+40 (2) publish notice of the public hearing one (1) time in accordance
6076+41 with IC 5-3-1 in two (2) newspapers of general circulation in the
6077+42 county; and
6078+EH 1050—LS 6050/DI 112 142
6079+1 (3) include in the notices under subdivisions (1) and (2):
6080+2 (A) the date, time, and place of the hearing;
6081+3 (B) the subject matter of the hearing;
6082+4 (C) a description of the purpose of the economic impact study;
6083+5 (D) a description of the proposed project and its location; and
6084+6 (E) a statement concerning the availability of the study on the
6085+7 authority's Internet web site. website.
6086+8 At the hearing, the authority shall allow the public to be heard on the
6087+9 economic impact study and the proposed project.
6088+10 (e) For the thirty (30) days following the public hearing on the
6089+11 results of the economic impact study, the authority shall receive
6090+12 comments from the public on the proposed project. The comments may
6091+13 address any aspect of the proposed project.
6092+14 (f) Within fifteen (15) days following the close of the public
6093+15 comment period, the authority shall publish on the authority's Internet
6094+16 web site website the authority's replies to the public comments
6095+17 submitted to the authority during the public comment period.
6096+18 SECTION 129. IC 8-15.5-4-9, AS AMENDED BY P.L.91-2014,
6097+19 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6098+20 JULY 1, 2025]: Sec. 9. (a) If the authority makes a preliminary
6099+21 selection of an operator under section 8 of this chapter, the authority
6100+22 shall schedule a public hearing on the preliminary selection and the
6101+23 terms of the public-private agreement for the project. The hearing shall
6102+24 be conducted in the county seat of any Indiana county in which the
6103+25 proposed project is to be located.
6104+26 (b) At least ten (10) days before the public hearing, the authority
6105+27 shall post on its Internet web site: website:
6106+28 (1) the proposal submitted by the offeror that has been
6107+29 preliminarily selected as the operator for the project, except for
6108+30 those parts of the proposal that are confidential under this article;
6109+31 and
6110+32 (2) the proposed public-private agreement for the project.
6111+33 (c) At least ten (10) days before the public hearing, the authority
6112+34 shall:
6113+35 (1) post notice of the public hearing on the authority's Internet
6114+36 web site; website; and
6115+37 (2) publish notice of the hearing one (1) time in accordance with
6116+38 IC 5-3-1 in two (2) newspapers of general circulation in the
6117+39 Indiana county in which the proposed project is to be located.
6118+40 (d) The notices required by subsection (c) must include the
6119+41 following:
6120+42 (1) The date, time, and place of the hearing.
6121+EH 1050—LS 6050/DI 112 143
6122+1 (2) The subject matter of the hearing.
6123+2 (3) A description of the project and of the public-private
6124+3 agreement to be awarded.
6125+4 (4) The identity of the offeror that has been preliminarily selected
6126+5 as the operator for the project.
6127+6 (5) The address and telephone number of the authority.
6128+7 (6) A statement indicating that, subject to section 6 of this
6129+8 chapter, and except for those portions that are confidential under
6130+9 this chapter, the following are available on the authority's Internet
6131+10 web site website and are also available for public inspection and
6132+11 copying at the principal office of the authority during regular
6133+12 business hours:
6134+13 (A) The selected offer.
6135+14 (B) An explanation of the basis upon which the preliminary
6136+15 selection was made.
6137+16 (C) The proposed public-private agreement for the project.
6138+17 (e) At the hearing, the authority shall allow the public to be heard
6139+18 on the preliminary selection of the operator for the proposed project
6140+19 and the terms of the public-private agreement for the proposed project.
6141+20 SECTION 130. IC 8-15.7-4-2, AS AMENDED BY P.L.163-2011,
6142+21 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6143+22 JULY 1, 2025]: Sec. 2. (a) This section establishes the competitive
6144+23 proposal procedure that the department shall use to enter into a
6145+24 public-private agreement with an operator under this article.
6146+25 (b) The department may pursue a competitive proposal procedure
6147+26 using a request for qualifications and a request for proposals process or
6148+27 proceed directly to a request for proposals.
6149+28 (c) If the department elects to use a request for qualifications phase,
6150+29 it must provide a public notice of the request for qualifications, for the
6151+30 period considered appropriate by the department, before the date set for
6152+31 receipt of submittals in response to the solicitation. The department
6153+32 shall provide the notice by posting in a designated public area and
6154+33 publication in a newspaper of general circulation, in the manner
6155+34 provided by IC 5-3-1. In addition, submittals in response to the
6156+35 solicitation may be solicited directly from potential offerors.
6157+36 (d) The department shall evaluate qualification submittals based on
6158+37 the requirements and evaluation criteria set forth in the request for
6159+38 qualifications.
6160+39 (e) If the department has undertaken a request for qualifications
6161+40 phase resulting in one (1) or more prequalified or shortlisted offerors,
6162+41 the request for proposals shall be limited to those offerors that have
6163+42 been prequalified or shortlisted.
6164+EH 1050—LS 6050/DI 112 144
6165+1 (f) If the department has not issued a request for qualifications and
6166+2 intends to use only a one (1) phase request for proposals procurement,
6167+3 the department must provide a public notice of the request for
6168+4 proposals for the period considered appropriate by the department,
6169+5 before the date set for receipt of proposals. The department shall
6170+6 provide the notice by posting in a designated public area and
6171+7 publication in a newspaper of general circulation, in the manner
6172+8 provided by IC 5-3-1. In addition, proposals may be solicited directly
6173+9 from potential offerors.
6174+10 (g) The department shall submit a draft of the request for proposals
6175+11 to the budget committee for its review before the issuance by the
6176+12 department of the request for proposals to potential offerors. The
6177+13 request for proposals must:
6178+14 (1) indicate in general terms the scope of work, goods, and
6179+15 services sought to be procured;
6180+16 (2) contain or incorporate by reference the specifications and
6181+17 contractual terms and conditions applicable to the procurement
6182+18 and the qualifying project;
6183+19 (3) specify the factors, criteria, and other information that will be
6184+20 used in evaluating the proposals;
6185+21 (4) specify any requirements or goals for use of:
6186+22 (A) minority business enterprises and women's business
6187+23 enterprises certified under IC 4-13-16.5;
6188+24 (B) disadvantaged business enterprises under federal or state
6189+25 law;
6190+26 (C) businesses defined under IC 5-22-15-20.5 as Indiana
6191+27 businesses, to the extent permitted by applicable federal and
6192+28 state law and regulations; and
6193+29 (D) businesses that qualify for a small business set-aside under
6194+30 IC 4-13.6-2-11;
6195+31 (5) if all or part of the project will consist of a tollway, require any
6196+32 offeror to submit a proposal based upon that part of the project
6197+33 that will consist of a tollway, as set forth in the request for
6198+34 proposals, and permit any offeror to submit one (1) or more
6199+35 alternative proposals based upon the assumption that a different
6200+36 part or none of the project will consist of a tollway;
6201+37 (6) contain or incorporate by reference the other applicable
6202+38 contractual terms and conditions; and
6203+39 (7) contain or incorporate by reference any other provisions,
6204+40 materials, or documents that the department considers
6205+41 appropriate.
6206+42 If the draft of the request for proposals submitted for review provides
6207+EH 1050—LS 6050/DI 112 145
6208+1 for any tolls, the budget committee shall hold a meeting and conduct a
6209+2 review of the draft of the request for proposals not later than ninety
6210+3 (90) days after the date the draft request for proposals is submitted for
6211+4 review.
6212+5 (h) The department shall determine the evaluation criteria that are
6213+6 appropriate for each project and shall set those criteria forth in the
6214+7 request for proposals. The department may use a selection process that
6215+8 results in selection of the proposal offering the best value to the public,
6216+9 a selection process that results in selection of the proposal offering the
6217+10 lowest price or cost or the highest payment to, or revenue sharing with,
6218+11 the department, or any other selection process that the department
6219+12 determines is in the best interests of the state and the public.
6220+13 (i) The department shall evaluate proposals based on the
6221+14 requirements and evaluation criteria set forth in the request for
6222+15 proposals.
6223+16 (j) The department may select one (1) or more offerors for
6224+17 negotiations based on the evaluation criteria set forth in the request for
6225+18 proposals. If the department believes that negotiations with the selected
6226+19 offeror or offerors are not likely to result in a public-private agreement,
6227+20 or, in the case of a best value selection process, no longer reflect the
6228+21 best value to the state and the public, the department may commence
6229+22 negotiations with other responsive offerors, if any, and may suspend,
6230+23 terminate, or continue negotiations with the original offeror or offerors.
6231+24 If negotiations are unsuccessful, the department shall terminate the
6232+25 procurement, may not award the public-private agreement, and may
6233+26 commence a new procurement for a public-private agreement. If the
6234+27 department determines that negotiations with an offeror have been
6235+28 successfully completed, the department shall, subject to the other
6236+29 requirements of this article, award the public-private agreement to the
6237+30 offeror.
6238+31 (k) Before awarding a public-private agreement to an operator, the
6239+32 department shall schedule a public hearing on the preliminary selection
6240+33 of the operator and the terms of the proposed public-private agreement.
6241+34 The hearing shall be conducted in the county seat of the county that
6242+35 would be an affected jurisdiction for purposes of the proposed project.
6243+36 The department shall do the following:
6244+37 (1) At least ten (10) days before the public hearing, post on the
6245+38 department's Internet web site: website:
6246+39 (A) the proposal submitted by the offeror that has been
6247+40 preliminarily selected as the operator for the project, except for
6248+41 those parts of the proposal that are confidential under this
6249+42 article; and
6250+EH 1050—LS 6050/DI 112 146
6251+1 (B) the proposed public-private agreement for the project.
6252+2 (2) At least ten (10) days before the public hearing:
6253+3 (A) post notice of the public hearing on the department's
6254+4 Internet web site; website; and
6255+5 (B) publish notice of the hearing one (1) time in accordance
6256+6 with IC 5-3-1 in two (2) newspapers of general circulation in
6257+7 the county that would be an affected jurisdiction for purposes
6258+8 of the proposed project.
6259+9 (3) Include the following in the notices required by subdivision
6260+10 (2):
6261+11 (A) The date, time, and place of the hearing.
6262+12 (B) The subject matter of the hearing.
6263+13 (C) A description of the agreement to be awarded.
6264+14 (D) The recommendation that has been made to award the
6265+15 agreement to an identified offeror or offerors.
6266+16 (E) The address and telephone number of the department.
6267+17 (F) A statement indicating that, subject to section 6 of this
6268+18 chapter, and except for those portions that are confidential
6269+19 under IC 5-14-3, the following are available on the
6270+20 department's Internet web site website and are also available
6271+21 for public inspection and copying at the principal office of the
6272+22 department during regular business hours:
6273+23 (i) The selected offer.
6274+24 (ii) An explanation of the basis upon which the preliminary
6275+25 selection was made.
6276+26 (iii) The proposed public-private agreement for the project.
6277+27 (l) At the hearing, the department shall allow the public to be heard
6278+28 on the preliminary selection of the operator and the terms of the
6279+29 proposed public-private agreement.
6280+30 (m) When the terms and conditions of multiple awards are specified
6281+31 in the request for proposals, awards may be made to more than one (1)
6282+32 offeror.
6283+33 SECTION 131. IC 8-23-30-9, AS ADDED BY P.L.44-2021,
6284+34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6285+35 JULY 1, 2025]: Sec. 9. Not later than July 1, 2022, the department
6286+36 shall make asset management plans of local units approved under this
6287+37 chapter available in an electronic format specified by the department
6288+38 on an Internet web site a website maintained by:
6289+39 (1) the department; or
6290+40 (2) an entity contracted by the department to approve asset
6291+41 management plans.
6292+42 SECTION 132. IC 9-13-2-46 IS AMENDED TO READ AS
6293+EH 1050—LS 6050/DI 112 147
6294+1 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 46. "Driveaway or
6295+2 towaway", "Drive away or tow away", for purposes of IC 9-20-9-1,
6296+3 has the meaning set forth in IC 9-20-9-1(a).
6297+4 SECTION 133. IC 9-13-2-92.3, AS ADDED BY P.L.211-2023,
6298+5 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6299+6 JULY 1, 2025]: Sec. 92.3. (a) "Lawful status" means that an individual
6300+7 has lawful status as:
6301+8 (1) a citizen or national of the United States; or
6302+9 (2) an alien who:
6303+10 (A) is lawfully admitted for permanent residence or temporary
6304+11 residence;
6305+12 (B) has conditional permanent resident status;
6306+13 (C) has a pending or approved application for asylum;
6307+14 (D) has refugee status;
6308+15 (E) has valid nonimmigrant status;
6309+16 (F) has a pending or approved application for temporary
6310+17 protected status;
6311+18 (G) has approved deferred action status; or
6312+19 (H) has a pending application for lawful permanent resident
6313+20 status or conditional permanent resident status;
6314+21 in the United States.
6315+22 (b) The term does not include parole.
6316+23 SECTION 134. IC 9-18.1-3-9, AS AMENDED BY P.L.9-2024,
6317+24 SECTION 310, IS AMENDED TO READ AS FOLLOWS
6318+25 [EFFECTIVE JULY 1, 2025]: Sec. 9. A person that registers a vehicle
6319+26 may indicate the person's desire to donate money to organizations that
6320+27 promote the procurement of organs for anatomical gifts. The bureau
6321+28 must:
6322+29 (1) allow the person registering the vehicle to indicate the amount
6323+30 the person desires to donate; and
6324+31 (2) provide that the minimum amount a person may donate is one
6325+32 dollar ($1).
6326+33 Funds collected under this section shall be deposited with the treasurer
6327+34 of state in a special account. The state comptroller shall monthly
6328+35 distribute the money in the special account to the anatomical gift
6329+36 promotion fund established by IC 16-19-3-26. The bureau may deduct
6330+37 from the funds collected under this subdivision section the costs
6331+38 incurred by the bureau in implementing and administering this
6332+39 subdivision. section.
6333+40 SECTION 135. IC 9-18.1-11-8, AS AMENDED BY P.L.111-2021,
6334+41 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6335+42 JULY 1, 2025]: Sec. 8. (a) If a license plate or other proof of
6336+EH 1050—LS 6050/DI 112 148
6337+1 registration is stolen, the person in whose name the license plate or
6338+2 other proof of registration was issued shall notify:
6339+3 (1) the Indiana law enforcement agency that has jurisdiction
6340+4 where the theft occurred; or
6341+5 (2) the law enforcement agency that has jurisdiction over the
6342+6 address listed on the registration for the vehicle for which the
6343+7 license plate or other proof of registration was issued;
6344+8 that the original license plate or other proof of registration has been
6345+9 stolen.
6346+10 (b) A person may apply to the bureau to replace a license plate or
6347+11 other proof of registration that is lost, stolen, destroyed, or damaged.
6348+12 The bureau shall issue a duplicate or replacement license plate or other
6349+13 proof of registration after the person does the following:
6350+14 (1) Pays a fee of nine dollars and fifty cents ($9.50). The fee shall
6351+15 be distributed as follows:
6352+16 (A) Twenty-five cents ($0.25) to the state construction fund.
6353+17 (B) Fifty cents ($0.50) to the state motor vehicle technology
6354+18 fund.
6355+19 (C) One dollar ($1) to the crossroads 2000 fund.
6356+20 (D) One dollar and fifty cents ($1.50) to the motor vehicle
6357+21 highway account.
6358+22 (E) One dollar and twenty-five cents ($1.25) to the integrated
6359+23 public safety communications fund.
6360+24 (F) Five dollars ($5) to the commission fund.
6361+25 However, the bureau may waive the fee under this subsection for
6362+26 a duplicate certificate of registration that is processed on the
6363+27 Internet web site website of the bureau.
6364+28 (2) If the proof of registration was lost or stolen, provides proof of
6365+29 compliance with subsection (a) in a manner and form prescribed
6366+30 by the bureau.
6367+31 (c) A replacement proof of registration must be kept or displayed in
6368+32 the same manner as the original proof of registration.
6369+33 SECTION 136. IC 9-18.1-13-4, AS ADDED BY P.L.198-2016,
6370+34 SECTION 326, IS AMENDED TO READ AS FOLLOWS
6371+35 [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The department of state
6372+36 revenue shall administer vehicle registrations that are subject to the
6373+37 International Registration Plan according to the terms of the
6374+38 International Registration Plan and rules adopted by the department of
6375+39 state revenue under IC 4-22-2.
6376+40 (b) A person that registers a vehicle under the International
6377+41 Registration Plan shall file electronically with the department of state
6378+42 revenue an application for the registration of the vehicle.
6379+EH 1050—LS 6050/DI 112 149
6380+1 (c) The department of state revenue may audit records of persons
6381+2 that register trucks, trailers, semitrailers, buses, and rental cars under
6382+3 the International Registration Plan to verify the accuracy of the
6383+4 application and collect or refund fees due.
6384+5 (d) The department of state revenue may issue a certificate of
6385+6 registration or a license plate for a vehicle that is:
6386+7 (1) subject to registration under apportioned registration of the
6387+8 International Registration Plan; and
6388+9 (2) based and titled in a state other than Indiana subject to the
6389+10 conditions of the plan.
6390+11 (e) A person that owns or leases a vehicle required to be registered
6391+12 under the International Registration Plan shall receive an apportioned
6392+13 plate and cab card as determined by the department of state revenue.
6393+14 (f) A distinctive cab card:
6394+15 (1) shall be issued for a vehicle registered under the International
6395+16 Registration Plan; and
6396+17 (2) must be carried in the vehicle.
6397+18 (g) The fee for a cab card issued under subsection (f) is five dollars
6398+19 ($5). The fee for a duplicate cab card is one dollar ($1). However, the
6399+20 department of state revenue may waive the fee for a duplicate cab card
6400+21 processed on the Internet web site website of the department.
6401+22 (h) A recovery vehicle may be registered under the International
6402+23 Registration Plan and be issued an apportioned license plate.
6403+24 (i) The department of state revenue shall issue a document to a
6404+25 person applying for registration under the International Registration
6405+26 Plan to serve as a temporary registration authorization pending
6406+27 issuance of a permanent registration plate and cab card. The document
6407+28 must be carried in the vehicle for which the document is issued.
6408+29 SECTION 137. IC 9-18.5-34-5, AS ADDED BY P.L.141-2024,
6409+30 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6410+31 JULY 1, 2025]: Sec. 5. (a) The bureau may not require a person, at the
6411+32 time of the renewal of:
6412+33 (1) a registration for a collector vehicle under IC 9-18.1-5-5;
6413+34 (2) a historic vehicle license plate under section 2 of this chapter;
6414+35 and or
6415+36 (3) an authentic license plate under section 3 of this chapter;
6416+37 to appear in person to affirm that the collector vehicle meets the
6417+38 requirements of IC 9-13-2-28.4.
6418+39 (b) The bureau may require a person to appear in person for an
6419+40 initial inspection to determine the authenticity of an Indiana license
6420+41 plate from the model year of a collector vehicle under section 4(c) of
6421+42 this chapter.
6422+EH 1050—LS 6050/DI 112 150
6423+1 SECTION 138. IC 9-21-3.5-14, AS ADDED BY P.L.152-2015,
6424+2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6425+3 JULY 1, 2025]: Sec. 14. (a) The operator of a private toll facility may
6426+4 do the following:
6427+5 (1) Fix, revise, charge, and collect tolls for the use of a private toll
6428+6 facility by any person, partnership, association, limited liability
6429+7 company, or corporation desiring the use of any part of the private
6430+8 toll facility, including the right of way adjoining the paved portion
6431+9 of the private toll facility. For purposes of this subdivision, the
6432+10 use of a private toll facility includes the placement of telephone,
6433+11 telegraph, electric, or power lines on any part of the private toll
6434+12 facility.
6435+13 (2) Fix the terms, conditions, and rates of charge for use of the
6436+14 private toll facility, including fees for nonpayment of required
6437+15 tolls. However, a fee imposed for nonpayment of a required toll
6438+16 may not exceed fifty dollars ($50) for each unpaid toll.
6439+17 (3) Collect tolls and fees through manual or nonmanual methods,
6440+18 including automated traffic law enforcement systems, automatic
6441+19 vehicle identification systems, electronic toll collection systems,
6442+20 global positioning systems, and photo or video based toll
6443+21 collection or toll collection enforcement systems.
6444+22 (b) The operator of a private toll facility may not impose a fee under
6445+23 subsection (a)(2) for nonpayment of a required toll until the operator
6446+24 has provided notice of the unpaid toll to the toll violator in accordance
6447+25 with notice requirements published on the Internet web site website of
6448+26 the private toll facility. The operator shall include with the notice of the
6449+27 unpaid toll a summary of the notice requirements published on the
6450+28 Internet web site website of the private toll facility.
6451+29 SECTION 139. IC 9-21-3.5-15, AS AMENDED BY P.L.198-2016,
6452+30 SECTION 362, IS AMENDED TO READ AS FOLLOWS
6453+31 [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) The operator of a private toll
6454+32 facility may enter into an agreement with the bureau to obtain
6455+33 information under IC 9-14-12 necessary to enforce violations of section
6456+34 9.1 of this chapter, including information regarding the registered
6457+35 owner of a vehicle operated in violation of section 9.1 of this chapter.
6458+36 (b) The bureau may use any reciprocal arrangement that applies to
6459+37 the bureau to obtain information for purposes of subsection (a).
6460+38 (c) An operator may use information provided under this section
6461+39 only for the purposes of this section.
6462+40 (d) The operator of a private toll facility shall inform the bureau of
6463+41 the operator's process to notify the bureau of an owner's failure to pay
6464+42 a fine, charge, fee, or other assessment for a toll violation following the
6465+EH 1050—LS 6050/DI 112 151
6466+1 expiration of the deadline for payment of the fine, charge, fee, or other
6467+2 assessment as set forth in the operator's notice requirements published
6468+3 on the Internet web site website of the private toll facility under section
6469+4 14(b) of this chapter.
6470+5 SECTION 140. IC 9-22-1.7-5, AS ADDED BY P.L.198-2016,
6471+6 SECTION 377, IS AMENDED TO READ AS FOLLOWS
6472+7 [EFFECTIVE JULY 1, 2025]: Sec. 5. A landowner shall do the
6473+8 following:
6474+9 (1) Request that a search be performed in the records of the
6475+10 bureau for the name and address of the manufactured home owner
6476+11 and the name and address of any person holding a lien or security
6477+12 interest on the manufactured home.
6478+13 (2) After receiving the results of the search required by
6479+14 subdivision (1) and after the expiration of the thirty (30) day
6480+15 period described in sections 3 and 4 of this chapter, give notice to
6481+16 all the following:
6482+17 (A) The manufactured home owner:
6483+18 (i) by certified mail, return receipt requested, to the last
6484+19 known address of the manufactured home owner; or
6485+20 (ii) in person to the manufactured home owner; or
6486+21 (iii) if the landowner is unable to determine the
6487+22 manufactured home owner's address or provide notice to the
6488+23 manufactured home owner in person, the landowner may
6489+24 satisfy the notice requirement under this subdivision by
6490+25 posting of the notice to the manufactured home owner on the
6491+26 manufactured home.
6492+27 (B) Any lien holder (other than the landowner) with a
6493+28 perfected security interest in the manufactured home either by
6494+29 certified mail, return receipt requested, or in person.
6495+30 (C) All other persons known to claim an interest in the
6496+31 manufactured home either by certified mail, return receipt
6497+32 requested, or in person.
6498+33 (D) The county treasurer of the county in which the
6499+34 manufactured home is located, by certified mail, return receipt
6500+35 requested, or in person.
6501+36 The notice must include a description of the manufactured home,
6502+37 a demand that the owner remove the manufactured home within
6503+38 a specified time not less than ten (10) days after receipt of the
6504+39 notice, a conspicuous statement that unless the manufactured
6505+40 home is removed within that time, the manufactured home will be
6506+41 advertised for sale by auction at a specified time and place, and
6507+42 a conspicuous statement that, in the case of a sale by auction of
6508+EH 1050—LS 6050/DI 112 152
6509+1 the manufactured home, a person or lienholder other than the
6510+2 county treasurer that fails to appear at the auction, or otherwise
6511+3 participate in the auction, waives any right the person may have
6512+4 as a lien holder in the manufactured home and any other rights
6513+5 that the person may have regarding the sale of the manufactured
6514+6 home. In addition, the notice must include a statement that, if the
6515+7 manufactured home is removed before the auction takes place, all
6516+8 statutory liens against the manufactured home under
6517+9 IC 16-41-27-29 and all debts owed to the landowner that are
6518+10 associated with the placement of the manufactured home on the
6519+11 landowner's property must be paid.
6520+12 (3) After the expiration of the ten (10) day period in subdivision
6521+13 (2), advertise that the manufactured home will be offered for sale
6522+14 at public auction in conformity with IC 26-1-2-328 and
6523+15 IC 26-1-7-210. The advertisement of sale must be published once
6524+16 each week for two (2) consecutive weeks in a newspaper of
6525+17 general circulation in the county where the manufactured home
6526+18 has been left without permission. The advertisement must include
6527+19 a description of the manufactured home, the name of the owner of
6528+20 the manufactured home, if ascertainable, and the time and place
6529+21 of the sale. The sale must take place at least fifteen (15) days after
6530+22 the first publication. If there is no newspaper of general
6531+23 circulation in the county where the sale is to be held, the
6532+24 advertisement must be posted at least ten (10) days before the sale
6533+25 in not less than six (6) conspicuous places in the neighborhood of
6534+26 the proposed sale.
6535+27 (4) Provide a reasonable time before the sale for prospective
6536+28 purchasers to examine the manufactured home.
6537+29 (5) Sell the manufactured home to the highest bidder, if any.
6538+30 (6) Immediately after the auction, execute an affidavit of sale of
6539+31 disposal on a form prescribed by the bureau stating:
6540+32 (A) that the requirements of this section have been met;
6541+33 (B) the length of time that the manufactured home was left on
6542+34 the property without permission;
6543+35 (C) any expenses incurred by the landowner, including the
6544+36 expenses of the sale and any lien of the landowner;
6545+37 (D) the name and address of the purchaser of the manufactured
6546+38 home at the auction, if any; and
6547+39 (E) the amount of the winning bid, if any.
6548+40 If the manufactured home is not purchased by a bidder at the
6549+41 auction, the landowner shall note that fact on the affidavit and
6550+42 shall list the landowner, or any donee, as the purchaser on the
6551+EH 1050—LS 6050/DI 112 153
6552+1 affidavit of sale or disposal.
6553+2 SECTION 141. IC 9-30-6-5, AS AMENDED BY P.L.38-2017,
6554+3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6555+4 JULY 1, 2025]: Sec. 5. (a) The director of the state department of
6556+5 toxicology shall adopt rules under IC 4-22-2 concerning the following:
6557+6 (1) Standards and regulations for the:
6558+7 (A) selection;
6559+8 (B) training; and
6560+9 (C) certification;
6561+10 of breath test operators.
6562+11 (2) Standards and regulations for the:
6563+12 (A) selection; and
6564+13 (B) certification;
6565+14 of breath test equipment and chemicals.
6566+15 (3) The certification of the proper technique for administering a
6567+16 breath test.
6568+17 (b) A certification in accordance with rules adopted under
6569+18 subsection (a) shall be:
6570+19 (1) sent in writing to the clerk of the circuit court in each county
6571+20 where the breath test operator, equipment, or chemicals are used
6572+21 to administer breath tests; or
6573+22 (2) published on the Internet web site website of the state
6574+23 department of toxicology.
6575+24 However, failure to send or publish a certification as required by this
6576+25 subsection does not invalidate any test.
6577+26 (c) A certification in accordance with rules adopted under
6578+27 subsection (a) that is sent in writing under subsection (b)(1) or
6579+28 published on the Internet web site website of the state department of
6580+29 toxicology under subsection (b)(2) and obtained from the state
6581+30 department of toxicology as an electronic record bearing an electronic
6582+31 signature:
6583+32 (1) is admissible in a proceeding under this chapter, IC 9-30-5,
6584+33 IC 9-30-9, or IC 9-30-15;
6585+34 (2) constitutes prima facie evidence that the equipment or
6586+35 chemical:
6587+36 (A) was inspected and approved by the state department of
6588+37 toxicology on the date specified on the writing or electronic
6589+38 record; and
6590+39 (B) was in proper working condition on the date the breath test
6591+40 was administered if the date of approval is not more than one
6592+41 hundred eighty (180) days before the date of the breath test;
6593+42 (3) constitutes prima facie evidence of the approved technique for
6594+EH 1050—LS 6050/DI 112 154
6595+1 administering a breath test; and
6596+2 (4) constitutes prima facie evidence that the breath test operator
6597+3 was certified by the state department of toxicology on the date
6598+4 specified on the writing or electronic record.
6599+5 (d) Results of chemical tests that involve an analysis of a person's
6600+6 breath are not admissible in a proceeding under this chapter, IC 9-30-5,
6601+7 IC 9-30-9, or IC 9-30-15 if:
6602+8 (1) the test operator;
6603+9 (2) the test equipment;
6604+10 (3) the chemicals used in the test, if any; or
6605+11 (4) the techniques used in the test;
6606+12 have not been approved in accordance with the rules adopted under
6607+13 subsection (a).
6608+14 SECTION 142. IC 9-32-9-29, AS AMENDED BY P.L.103-2024,
6609+15 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6610+16 JULY 1, 2025]: Sec. 29. (a) An automotive salvage recycler or an agent
6611+17 of an automotive salvage recycler may purchase a motor vehicle
6612+18 without a certificate of title for the motor vehicle if:
6613+19 (1) the motor vehicle is at least fifteen (15) model years old;
6614+20 (2) the purchase is solely for the purpose of dismantling or
6615+21 wrecking the motor vehicle for the recovery of scrap metal or the
6616+22 sale of parts;
6617+23 (3) the automotive salvage recycler records all purchase
6618+24 transactions of motor vehicles as required in subsection (b); and
6619+25 (4) the person selling the motor vehicle presents a certificate of
6620+26 authority as required under IC 9-22-5-18.
6621+27 (b) An automotive salvage recycler shall maintain the following
6622+28 information with respect to each motor vehicle purchase transaction
6623+29 without a certificate of title to which the automotive salvage recycler
6624+30 is a party for at least five (5) years after the date of the purchase
6625+31 transaction:
6626+32 (1) The name, address, and National Motor Vehicle Title
6627+33 Information System identification number of any scrap metal
6628+34 processor or automobile scrapyard.
6629+35 (2) The name of the person entering the information.
6630+36 (3) The date and time of the purchase transaction.
6631+37 (4) A description of the motor vehicle that is the subject of the
6632+38 purchase transaction, including the make and model of the motor
6633+39 vehicle, if discernable. discernible.
6634+40 (5) The vehicle identification number of the motor vehicle, to the
6635+41 extent the number is discernable. discernible.
6636+42 (6) The amount of consideration given for the motor vehicle.
6637+EH 1050—LS 6050/DI 112 155
6638+1 (7) A copy of the certificate of authority and a written statement
6639+2 signed by the seller or the seller's agent certifying the following:
6640+3 (A) The seller or the seller's agent has the lawful right to sell
6641+4 and dispose of the motor vehicle.
6642+5 (B) The motor vehicle is not subject to a security interest or
6643+6 lien.
6644+7 (C) The motor vehicle will not be titled again and will be
6645+8 dismantled or destroyed.
6646+9 (D) The seller or the seller's agent acknowledges that a person
6647+10 who falsifies information contained in a statement under this
6648+11 subdivision is subject to criminal sanctions and restitution for
6649+12 losses incurred as a result of the sale of a motor vehicle based
6650+13 on falsified information.
6651+14 (8) The name, date of birth, and address of the person from whom
6652+15 the motor vehicle is being purchased.
6653+16 (9) A photocopy or electronic scan of one (1) of the following
6654+17 valid and unexpired forms of identification issued to the seller or
6655+18 the seller's agent:
6656+19 (A) A driver's license.
6657+20 (B) An identification card issued under IC 9-24-16-1, a photo
6658+21 exempt identification card issued under IC 9-24-16.5, or a
6659+22 similar card issued under the laws of another state or the
6660+23 federal government.
6661+24 (C) A government issued document bearing an image of the
6662+25 seller or seller's agent, as applicable.
6663+26 For purposes of complying with this subdivision, an automotive
6664+27 salvage recycler is not required to make a separate copy of the
6665+28 seller's or seller's agent's identification for each purchase
6666+29 transaction involving the seller or seller's agent but may instead
6667+30 refer to a copy maintained in reference to a particular purchase
6668+31 transaction.
6669+32 (10) The license plate number, make, model, and color of the
6670+33 motor vehicle that is used to deliver the purchased motor vehicle
6671+34 to the automotive salvage recycler.
6672+35 (11) The signature of the person receiving consideration from the
6673+36 seller or the seller's agent.
6674+37 (12) A photographic or videographic image, taken when the motor
6675+38 vehicle is purchased, of the following:
6676+39 (A) A frontal view of the facial features of the seller or the
6677+40 seller's agent.
6678+41 (B) The motor vehicle that is the subject of the purchase
6679+42 transaction.
6680+EH 1050—LS 6050/DI 112 156
6681+1 (c) An automotive salvage recycler may not complete a purchase
6682+2 transaction without the information required under subsection (b)(9).
6683+3 (d) An automotive salvage recycler or an agent of an automotive
6684+4 salvage recycler that knowingly or intentionally buys a motor vehicle
6685+5 that is less than fifteen (15) model years old without a certificate of title
6686+6 or certificate of authority for the motor vehicle commits a Level 6
6687+7 felony.
6688+8 (e) An automotive salvage recycler or an agent of an automotive
6689+9 salvage recycler may apply for a certificate of authority for a motor
6690+10 vehicle of any age on behalf of the seller with all required information
6691+11 collected at the point of sale.
6692+12 (f) If an automotive salvage recycler or an agent of an automotive
6693+13 salvage recycler, in applying for a certificate of authority for a motor
6694+14 vehicle under subsection (e), learns:
6695+15 (1) the motor vehicle was reported stolen; or
6696+16 (2) the owner of the motor vehicle does not match the individual
6697+17 who provided the automotive salvage recycler or agent of the
6698+18 automotive salvage recycler with the motor vehicle;
6699+19 the automotive salvage recycler must notify the law enforcement
6700+20 agency that has jurisdiction over the address of the automotive salvage
6701+21 recycler's established place of business.
6702+22 SECTION 143. IC 10-10.5-4-2, AS ADDED BY P.L.86-2022,
6703+23 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6704+24 JULY 1, 2025]: Sec. 2. Section 1 of this chapter does not prohibit the
6705+25 broadcast or disclosure of identifying information other than a Social
6706+26 Security number to the public by other means, including news reports,
6707+27 press conferences, silver or Amber alerts, wanted notices, Internet web
6708+28 site website postings, and similar methods specifically intended to
6709+29 inform the public.
6710+30 SECTION 144. IC 10-11-2-31.2, AS ADDED BY P.L.30-2019,
6711+31 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6712+32 JULY 1, 2025]: Sec. 31.2. (a) As used in this section, "controlled
6713+33 substance" has the meaning set forth in IC 35-48-1-9.
6714+34 (b) As used in this section, "property" means a dwelling (as defined
6715+35 in IC 13-11-2-61.3).
6716+36 (c) Subject to specific appropriation by the general assembly, the
6717+37 department shall establish, maintain, and operate an Internet web site
6718+38 a website containing a list of properties that have been used in the
6719+39 illegal manufacture of a controlled substance. The list of properties
6720+40 shall be based on information received from a law enforcement agency
6721+41 under IC 5-2-15-3.
6722+42 (d) Subject to specific appropriation by the general assembly, and
6723+EH 1050—LS 6050/DI 112 157
6724+1 in accordance with subsection (g), the department shall publish the list
6725+2 of properties that have been used in the illegal manufacture of a
6726+3 controlled substance on an Internet web site a website maintained by
6727+4 the department. If a controlled substance is manufactured in an
6728+5 apartment that is a unit of a multi-unit apartment complex, the
6729+6 department shall publish only the address, including the apartment
6730+7 number, of the particular apartment in which the controlled substance
6731+8 was manufactured. The department shall design the web site website
6732+9 to enable a user to easily determine whether a particular property has
6733+10 been used as the site of the illegal manufacture of a controlled
6734+11 substance.
6735+12 (e) The department shall remove a listed property from the web site
6736+13 website not later than ninety (90) days after the property has been
6737+14 certified as decontaminated by a qualified inspector certified under
6738+15 IC 16-19-3.1-1.
6739+16 (f) If property has been certified as decontaminated by a qualified
6740+17 inspector certified under IC 16-19-3.1-1 before it is placed on the list
6741+18 required under subsection (c), the department may not place the
6742+19 property on the list.
6743+20 (g) The department may not list a property that has been the site of
6744+21 the illegal manufacture of a controlled substance on the web site
6745+22 website until one hundred eighty (180) days after the date on which the
6746+23 department receives information from a law enforcement agency that
6747+24 the property has been the site of the illegal manufacture of a controlled
6748+25 substance.
6749+26 SECTION 145. IC 10-13-8-12, AS ADDED BY P.L.38-2013,
6750+27 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6751+28 JULY 1, 2025]: Sec. 12. (a) A broadcaster or electronic billboard
6752+29 operator that has agreed to participate in the blue alert program and
6753+30 that:
6754+31 (1) receives a blue alert notification from the department; and
6755+32 (2) broadcasts or displays information contained in the
6756+33 notification that the department considers necessary;
6757+34 is immune from civil liability based on the broadcast or display of the
6758+35 information received from the department.
6759+36 (b) If:
6760+37 (1) a person enters into an agreement with the department to
6761+38 establish or maintain a blue alert web site; website; and
6762+39 (2) the agreement provides that only the department has the
6763+40 ability to place information on the web site; website;
6764+41 the person is immune from civil liability for the information placed on
6765+42 the web site website by the department. However, this subsection does
6766+EH 1050—LS 6050/DI 112 158
6767+1 not affect the applicability of IC 34-13-3 to the department.
6768+2 SECTION 146. IC 10-16-20-4, AS ADDED BY P.L.156-2015,
6769+3 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6770+4 JULY 1, 2025]: Sec. 4. (a) In addition to the rights and protections
6771+5 regarding consumer transactions, contracts, and service providers
6772+6 included in Title III of the federal Servicemembers Civil Relief Act (50
6773+7 U.S.C. App. 531 through 538), a servicemember may terminate a
6774+8 contract described in subsection (b) at any time after the date the
6775+9 servicemember receives military orders to relocate for a period of
6776+10 service of at least ninety (90) days to a location that does not support
6777+11 the contract.
6778+12 (b) This section applies to a contract to provide any of the following:
6779+13 (1) Telecommunication services.
6780+14 (2) Internet services.
6781+15 (3) Television services.
6782+16 (4) Athletic club or gym memberships.
6783+17 (5) Satellite radio services.
6784+18 (c) Termination of a contract must be made by delivery of a written
6785+19 or electronic notice of the termination and a copy of the
6786+20 servicemember's military orders to the service provider. If a
6787+21 servicemember terminates a contract, the service provider shall provide
6788+22 the servicemember with a written or electronic notice of the
6789+23 servicemember's rights posted on the Indiana National Guard's Internet
6790+24 web site website as required by IC 10-16-6-13.
6791+25 (d) For any contract terminated under this section, the service
6792+26 provider under the contract may not impose an early termination
6793+27 charge.
6794+28 (e) Any tax or any other obligation or liability of the servicemember
6795+29 that, in accordance with the terms of the contract, is due and unpaid at
6796+30 the time of termination of the contract shall be paid by the
6797+31 servicemember.
6798+32 (f) If the servicemember resubscribes to the service provided under
6799+33 a contract described in subsection (b) that was terminated under this
6800+34 chapter during the ninety (90) day period immediately following when
6801+35 the servicemember has returned from service, the service provider may
6802+36 not impose any charges or services fees, other than the usual and
6803+37 customary charges and fees for the installation or acquisition of
6804+38 customer equipment imposed on any other subscriber.
6805+39 (g) Not later than sixty (60) days after the effective date of the
6806+40 termination of a contract described in subsection (b), the service
6807+41 provider under the contract shall refund to the servicemember all fees
6808+42 paid for services that extend past the termination date of the contract.
6809+EH 1050—LS 6050/DI 112 159
6810+1 SECTION 147. IC 10-17-1-4.5, AS ADDED BY P.L.90-2016,
6811+2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6812+3 JULY 1, 2025]: Sec. 4.5. (a) The definitions under IC 23-14-54.5-2
6813+4 through IC 23-14-54.5-6 apply to this section.
6814+5 (b) As used in this section, "cremated remains" has the meaning set
6815+6 forth in IC 23-14-31-7.
6816+7 (c) A veterans' service organization may apply to the department for
6817+8 approval to receive the following from a licensed funeral director under
6818+9 IC 23-14-54.5:
6819+10 (1) Verification information.
6820+11 (2) Cremated remains of a veteran or dependent of a veteran.
6821+12 (d) The department shall establish standards that a veterans' service
6822+13 organization must meet to receive approval by the department under
6823+14 this section, including:
6824+15 (1) an application for approval;
6825+16 (2) the information that a veterans' service organization is
6826+17 required to submit to the department; and
6827+18 (3) criteria and standards for approval.
6828+19 (e) If a veterans' service organization meets the standards
6829+20 established by the department under subsection (d), the department
6830+21 shall approve the veterans' service organization for eligibility to receive
6831+22 verification information and cremated remains under IC 23-14-54.5.
6832+23 (f) The department shall:
6833+24 (1) maintain a list, with names and contact information, of
6834+25 veterans' service organizations that have been approved under
6835+26 subsection (e); and
6836+27 (2) publish the list on the department's Internet web site. website.
6837+28 (g) The department shall prepare and provide, upon request, sample
6838+29 forms for transfer of cremated remains and release of liability between
6839+30 a funeral director and an approved veterans' service organization.
6840+31 SECTION 148. IC 10-18-2-9, AS AMENDED BY P.L.152-2021,
6841+32 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6842+33 JULY 1, 2025]: Sec. 9. (a) If a county executive has adopted designs
6843+34 or plans for the construction of world war memorial structures as
6844+35 provided in section 6 of this chapter, the county executive shall:
6845+36 (1) contract with a reliable contractor for all or any part of the
6846+37 construction of the world war memorial structure, as provided in
6847+38 this chapter; and
6848+39 (2) publish a notice informing the public and contractors:
6849+40 (A) of the nature of the structures to be constructed;
6850+41 (B) that the designs and plans are on file in the office of the
6851+42 county executive; and
6852+EH 1050—LS 6050/DI 112 160
6853+1 (C) that sealed proposals for contractors to work on the
6854+2 construction of the world war memorial are due not earlier
6855+3 than thirty (30) days from the first published notice.
6856+4 (b) A notice published under subsection (a)(2) shall be published for
6857+5 at least three (3) consecutive weeks:
6858+6 (1) with each publication of notice in a newspaper of general
6859+7 circulation published in the county; or
6860+8 (2) with the first publication of notice in a newspaper described
6861+9 in subdivision (1) and the two (2) subsequent publications:
6862+10 (A) in accordance with IC 5-3-5; and
6863+11 (B) on the county's official web site. website.
6864+12 (c) A county executive shall, by order, impose conditions upon:
6865+13 (1) bidders;
6866+14 (2) contractors;
6867+15 (3) subcontractors; and
6868+16 (4) materialmen;
6869+17 with regard to bond and surety and guaranteeing the faithful
6870+18 completion of work according to contract.
6871+19 (d) All contracts with builders, architects, or materialmen must
6872+20 reserve to the county executive for good cause shown the right to
6873+21 cancel a contract and to relet work to others. If a contract is canceled,
6874+22 at least ten percent (10%) shall be reserved from payments on estimates
6875+23 on work done in progress until the contracts are completed and the
6876+24 work done, inspected, and accepted by the county executive.
6877+25 (e) A payment, partial or final, may not be construed as a waiver of
6878+26 defective work or materials or as a release for damages on account of
6879+27 defective work or materials.
6880+28 (f) A surety may not be released from any obligation on its bond if
6881+29 the contractor is paid the whole or any part of the percentages required
6882+30 to be reserved from current estimates. A surety may not be released by
6883+31 any final payment made to the contractor.
6884+32 SECTION 149. IC 10-18-3-2, AS AMENDED BY P.L.152-2021,
6885+33 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6886+34 JULY 1, 2025]: Sec. 2. (a) The board of commissioners of a county or
6887+35 the common council of a city shall, on petition of at least one hundred
6888+36 (100) adult citizens of the county or city, appoint a committee to be
6889+37 known as the memorial committee. The appointments may not be made
6890+38 until after notice of the filing of the petition has been published for at
6891+39 least two (2) weeks, once each week:
6892+40 (1) with each publication of notice made in a newspaper of
6893+41 general circulation in the county or city; or
6894+42 (2) with the first publication of notice made in a newspaper
6895+EH 1050—LS 6050/DI 112 161
6896+1 described in subdivision (1) and the second publication of notice:
6897+2 (A) in accordance with IC 5-3-5; and
6898+3 (B) on the official web site website of the county or city.
6899+4 (b) The committee must have at least five (5) but not more than
6900+5 fifteen (15) members. Each committee member must be a citizen of the
6901+6 county or city in which the memorial is proposed. The members must
6902+7 be appointed based solely upon their fitness, and the committee must
6903+8 include representatives of educational, benevolent, labor, and other
6904+9 interests.
6905+10 (c) The members of the committee serve without compensation.
6906+11 However, the board of commissioners or common council may
6907+12 compensate members for necessary expenses in the performance of
6908+13 their duty, including compensation of expert advisers. The board of
6909+14 commissioners or common council may make an appropriation in
6910+15 advance to compensate members for necessary expenses.
6911+16 (d) The committee shall make a careful study of the subject of a
6912+17 suitable memorial in the county or city and report its conclusions to the
6913+18 board of commissioners or common council. The report must include:
6914+19 (1) the kind of memorial regarded by the committee as
6915+20 appropriate;
6916+21 (2) the estimated cost of erection and maintenance;
6917+22 (3) the method of control; and
6918+23 (4) any other matter the committee considers proper.
6919+24 The committee shall make the report within six (6) months after
6920+25 appointment, unless a longer time is given by the board of
6921+26 commissioners or common council. A committee that fails to report
6922+27 within the time allowed is immediately regarded as dissolved, and the
6923+28 board of commissioners or common council shall appoint a new
6924+29 committee. A new committee appointed under this subsection is
6925+30 governed by the same rule regarding the filing of a report and
6926+31 dissolution.
6927+32 (e) A vacancy in the committee shall be filled by the board of
6928+33 commissioners or common council.
6929+34 (f) A county or city in which a memorial committee has been
6930+35 appointed may not erect or provide for the erection of a memorial until
6931+36 the committee has made its report.
6932+37 SECTION 150. IC 10-18-3-3, AS AMENDED BY P.L.152-2021,
6933+38 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6934+39 JULY 1, 2025]: Sec. 3. (a) Public notice must be provided in the
6935+40 manner set forth under this section if a petition signed by:
6936+41 (1) at least five hundred (500) citizens and taxpayers of a county;
6937+42 or
6938+EH 1050—LS 6050/DI 112 162
6939+1 (2) at least two hundred (200) citizens and taxpayers of a city;
6940+2 requests the establishment and maintenance within the county or city
6941+3 of a memorial for the soldiers and sailors of World War I. The petition
6942+4 must be addressed to the board of commissioners of the county or the
6943+5 common council of the city and filed in the office of the auditor of the
6944+6 county or clerk of the city.
6945+7 (b) The auditor or clerk shall:
6946+8 (1) publish a notice that includes a copy of the petition or a
6947+9 summary of the petition in a newspaper of general circulation
6948+10 printed and published in the county or city;
6949+11 (2) post a notice that includes a copy of the petition or a summary
6950+12 of the petition in at least ten (10) public places in the county; and
6951+13 (3) post a notice that includes a copy of the petition or a summary
6952+14 of the petition at the door of the county courthouse.
6953+15 Notice under this subsection must also include the day the petition will
6954+16 be presented to the board. The day of the hearing must be fixed by the
6955+17 auditor or clerk at least thirty (30) days but not more than forty (40)
6956+18 days after the day of the filing of the petition.
6957+19 (c) Notice of the petition signed by the auditor or clerk must be
6958+20 posted for at least twenty (20) days and published for three (3)
6959+21 consecutive weeks:
6960+22 (1) with each publication of notice in a newspaper of general
6961+23 circulation printed and published in the county or city; or
6962+24 (2) with:
6963+25 (A) the first publication of notice in a newspaper described in
6964+26 subdivision (1); and
6965+27 (B) the two (2) subsequent publications of notice:
6966+28 (i) in accordance with IC 5-3-5; and
6967+29 (ii) on the official web site website of the county or city;
6968+30 before the day designated by the auditor or clerk for the hearing.
6969+31 SECTION 151. IC 10-18-4-10, AS AMENDED BY P.L.152-2021,
6970+32 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6971+33 JULY 1, 2025]: Sec. 10. (a) After the board of public works has
6972+34 adopted the necessary designs, plans, and specifications for
6973+35 construction of the World War memorial structures as provided in this
6974+36 chapter, the board of public works shall award contracts for all or any
6975+37 part of the World War memorial structures to competent and reliable
6976+38 contractors as provided in this section.
6977+39 (b) The board of public works shall publish in accordance with
6978+40 subsection (c) a notice:
6979+41 (1) informing the public and contractors of the general nature of
6980+42 the structures to be constructed and of the fact that designs, plans,
6981+EH 1050—LS 6050/DI 112 163
6982+1 drawings, and specifications are on file in the office of the board
6983+2 of public works; and
6984+3 (2) calling for sealed proposals for the work on a day not earlier
6985+4 than thirty (30) days from the first of such publications.
6986+5 (c) The notice shall be published for at least three (3) weeks:
6987+6 (1) with each publication of notice in a newspaper of general
6988+7 circulation, printed and published in the English language in the
6989+8 city; or
6990+9 (2) with the first publication of notice in a newspaper described
6991+10 in subdivision (1) and the two (2) subsequent publications of
6992+11 notice:
6993+12 (A) in accordance with IC 5-3-5; and
6994+13 (B) on the official web site website of the city.
6995+14 (d) The board of public works shall, by order, impose conditions
6996+15 upon bidders, contractors, subcontractors, and materialmen with regard
6997+16 to bond and surety, guaranteeing the good faith and responsibility of
6998+17 the bidders, contractors, subcontractors, and materialmen and insuring
6999+18 the faithful completion of the work, according to contract, or for any
7000+19 other purpose.
7001+20 (e) The board of public works shall reserve ten percent (10%) from
7002+21 payments or estimates on work in progress until the contract is
7003+22 completed and the work done is inspected and accepted by the board.
7004+23 All contracts with contractors, subcontractors, architects, or
7005+24 materialmen must reserve:
7006+25 (1) to the board of public works, for good cause shown, the right
7007+26 to cancel the contract and to award the work to others; and
7008+27 (2) at least ten percent (10%) from payments or estimates on work
7009+28 in progress until the contract is completed and the work done is
7010+29 inspected and accepted by the board.
7011+30 (f) Payment by the board of public works, partial or final, may not
7012+31 be construed as a waiver of defective work or materials or as a release
7013+32 for damages on account of the defective work or materials. A surety
7014+33 may not be released from any obligation on the surety's bond if a
7015+34 contractor should be paid the whole or any part of the percentage
7016+35 required to be reserved from current estimates. A surety may not be
7017+36 released by any final payment made to a contractor.
7018+37 SECTION 152. IC 10-20-2-8, AS ADDED BY P.L.73-2013,
7019+38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7020+39 JULY 1, 2025]: Sec. 8. (a) The department may charge a fee for the
7021+40 following:
7022+41 (1) Certifying and recertifying individuals who operate breath
7023+42 testing equipment.
7024+EH 1050—LS 6050/DI 112 164
7025+1 (2) Maintaining and calibrating breath testing equipment,
7026+2 including offsetting the costs of replacing equipment and
7027+3 instruments used at the state and local levels for breath testing.
7028+4 (3) Providing training services.
7029+5 The amount of the fee is the amount that was being charged as of
7030+6 January 1, 2013.
7031+7 (b) The department may change the amount of a fee being charged
7032+8 under subsection (a) by adopting a rule under IC 4-22-2. In addition, at
7033+9 least six (6) months before a rule changing the amount of a fee may
7034+10 take effect, the department shall provide to:
7035+11 (1) each agency that has paid a fee to the department in the
7036+12 previous twelve (12) months; and
7037+13 (2) any other person that makes a request to be on the notification
7038+14 list;
7039+15 a notice of the fee amount the department is proposing. The notice must
7040+16 be published on the department's Internet web site website and
7041+17 published in the Indiana Register. The notice required by subdivisions
7042+18 (1) and (2) may be provided by an electronic mail message that
7043+19 includes a direct link to the notice on the department's Internet web
7044+20 site. website.
7045+21 (c) The fees that have been charged and collected by the department
7046+22 since July 1, 2011, for the items listed in subsection (a)(1) through
7047+23 (a)(3) are legalized and validated. The department may continue to
7048+24 charge a fee for the items listed in subsection (a)(1) through (a)(3) in
7049+25 the fee amount that was being charged by the department as of January
7050+26 1, 2013, without the adoption of a rule. Before July 1, 2013, the
7051+27 department shall publish a schedule listing the current fee amounts
7052+28 being charged for the items listed in subsection (a)(1) through (a)(3) on
7053+29 the department's Internet web site website and in the Indiana Register,
7054+30 with a reference to this section's legalization and validation of these fee
7055+31 amounts.
7056+32 (d) Fees collected under this section shall be deposited in the breath
7057+33 test training and certification fund established by section 9 of this
7058+34 chapter. In addition, money from fees collected by the state department
7059+35 of toxicology established under IC 21-45-3 (now repealed) and from
7060+36 fees collected by the department since July 1, 2011, shall be transferred
7061+37 to the fund.
7062+38 SECTION 153. IC 11-8-2-13, AS AMENDED BY P.L.214-2013,
7063+39 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7064+40 JULY 1, 2025]: Sec. 13. (a) The Indiana sex and violent offender
7065+41 registry established under IC 36-2-13-5.5 and maintained by the
7066+42 department under section 12.4 of this chapter must include the names
7067+EH 1050—LS 6050/DI 112 165
7068+1 of each offender who is or has been required to register under
7069+2 IC 11-8-8.
7070+3 (b) The department shall do the following:
7071+4 (1) Ensure that the Indiana sex and violent offender registry is
7072+5 updated at least once per day with information provided by a local
7073+6 law enforcement authority (as defined in IC 11-8-8-2).
7074+7 (2) Publish the Indiana sex and violent offender registry on the
7075+8 Internet through the computer gateway administered by the office
7076+9 of technology established by IC 4-13.1-2-1, and ensure that the
7077+10 Indiana sex and violent offender registry displays the following or
7078+11 similar words:
7079+12 "Based on information submitted to law enforcement, a
7080+13 person whose name appears in this registry has been
7081+14 convicted of a sex or violent offense or has been adjudicated
7082+15 a delinquent child for an act that would be a sex or violent
7083+16 offense if committed by an adult.".
7084+17 (3) If:
7085+18 (A) an offender's registration period has expired as described
7086+19 in IC 11-8-8-19; or
7087+20 (B) an offender is deceased;
7088+21 ensure that the offender's information is no longer published to
7089+22 the public portal of the sex and violent offender registry Internet
7090+23 web site website established under IC 36-2-13-5.5.
7091+24 SECTION 154. IC 11-8-8-1.8, AS AMENDED BY P.L.85-2017,
7092+25 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7093+26 JULY 1, 2025]: Sec. 1.8. As used in this chapter, "social networking
7094+27 web site website username" means an identifier or profile that allows
7095+28 a person to create, use, or modify a social networking web site,
7096+29 website, as defined in IC 35-31.5-2-307.
7097+30 SECTION 155. IC 11-8-8-7, AS AMENDED BY P.L.214-2013,
7098+31 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7099+32 JULY 1, 2025]: Sec. 7. (a) Subject to section 19 of this chapter, the
7100+33 following persons must register under this chapter:
7101+34 (1) A sex or violent offender who resides in Indiana. A sex or
7102+35 violent offender resides in Indiana if either of the following
7103+36 applies:
7104+37 (A) The sex or violent offender spends or intends to spend at
7105+38 least seven (7) days (including part of a day) in Indiana during
7106+39 a one hundred eighty (180) day period.
7107+40 (B) The sex or violent offender owns real property in Indiana
7108+41 and returns to Indiana at any time.
7109+42 (2) A sex or violent offender who works or carries on a vocation
7110+EH 1050—LS 6050/DI 112 166
7111+1 or intends to work or carry on a vocation full time or part time for
7112+2 a period:
7113+3 (A) exceeding seven (7) consecutive days; or
7114+4 (B) for a total period exceeding fourteen (14) days;
7115+5 during any calendar year in Indiana regardless of whether the sex
7116+6 or violent offender is financially compensated, volunteered, or is
7117+7 acting for the purpose of government or educational benefit.
7118+8 (3) A sex or violent offender who is enrolled or intends to be
7119+9 enrolled on a full-time or part-time basis in any public or private
7120+10 educational institution, including any secondary school, trade, or
7121+11 professional institution, or postsecondary educational institution.
7122+12 (b) Except as provided in subsection (e), a sex or violent offender
7123+13 who resides in Indiana shall register with the local law enforcement
7124+14 authority in the county where the sex or violent offender resides. If a
7125+15 sex or violent offender resides in more than one (1) county, the sex or
7126+16 violent offender shall register with the local law enforcement authority
7127+17 in each county in which the sex or violent offender resides. If the sex
7128+18 or violent offender is also required to register under subsection (a)(2)
7129+19 or (a)(3), the sex or violent offender shall also register with the local
7130+20 law enforcement authority in the county in which the offender is
7131+21 required to register under subsection (c) or (d).
7132+22 (c) A sex or violent offender described in subsection (a)(2) shall
7133+23 register with the local law enforcement authority in the county where
7134+24 the sex or violent offender is or intends to be employed or carry on a
7135+25 vocation. If a sex or violent offender is or intends to be employed or
7136+26 carry on a vocation in more than one (1) county, the sex or violent
7137+27 offender shall register with the local law enforcement authority in each
7138+28 county. If the sex or violent offender is also required to register under
7139+29 subsection (a)(1) or (a)(3), the sex or violent offender shall also register
7140+30 with the local law enforcement authority in the county in which the
7141+31 offender is required to register under subsection (b) or (d).
7142+32 (d) A sex or violent offender described in subsection (a)(3) shall
7143+33 register with the local law enforcement authority in the county where
7144+34 the sex or violent offender is enrolled or intends to be enrolled as a
7145+35 student. If the sex or violent offender is also required to register under
7146+36 subsection (a)(1) or (a)(2), the sex or violent offender shall also register
7147+37 with the local law enforcement authority in the county in which the
7148+38 offender is required to register under subsection (b) or (c).
7149+39 (e) A sex or violent offender described in subsection (a)(1)(B) shall
7150+40 register with the local law enforcement authority in the county in which
7151+41 the real property is located. If the sex or violent offender is also
7152+42 required to register under subsection (a)(1)(A), (a)(2), or (a)(3), the sex
7153+EH 1050—LS 6050/DI 112 167
7154+1 or violent offender shall also register with the local law enforcement
7155+2 authority in the county in which the offender is required to register
7156+3 under subsection (b), (c), or (d).
7157+4 (f) A sex or violent offender committed to the department shall
7158+5 register with the department before the sex or violent offender is placed
7159+6 in a community transition program, placed in a work release program,
7160+7 or released from incarceration, whichever occurs first. The department
7161+8 shall forward the sex or violent offender's registration information to
7162+9 the local law enforcement authority of every county in which the sex or
7163+10 violent offender is required to register. If a sex or violent offender
7164+11 released from the department under this subsection:
7165+12 (1) informs the department of the offender's intended location of
7166+13 residence upon release; and
7167+14 (2) does not move to this location upon release;
7168+15 the offender shall, not later than seventy-two (72) hours after the date
7169+16 on which the offender is released, report in person to the local law
7170+17 enforcement authority having jurisdiction over the offender's current
7171+18 address or location.
7172+19 (g) This subsection does not apply to a sex or violent offender who
7173+20 is a sexually violent predator. A sex or violent offender not committed
7174+21 to the department shall register not more than seven (7) days after the
7175+22 sex or violent offender:
7176+23 (1) is released from a penal facility (as defined in
7177+24 IC 35-31.5-2-232);
7178+25 (2) is released from a secure private facility (as defined in
7179+26 IC 31-9-2-115);
7180+27 (3) is released from a juvenile detention facility;
7181+28 (4) is transferred to a community transition program;
7182+29 (5) is placed on parole;
7183+30 (6) is placed on probation;
7184+31 (7) is placed on home detention; or
7185+32 (8) arrives at the place where the sex or violent offender is
7186+33 required to register under subsection (b), (c), or (d);
7187+34 whichever occurs first. A sex or violent offender required to register in
7188+35 more than one (1) county under subsection (b), (c), (d), or (e) shall
7189+36 register in each appropriate county not more than seventy-two (72)
7190+37 hours after the sex or violent offender's arrival in that county or
7191+38 acquisition of real estate in that county.
7192+39 (h) This subsection applies to a sex or violent offender who is a
7193+40 sexually violent predator. A sex or violent offender who is a sexually
7194+41 violent predator shall register not more than seventy-two (72) hours
7195+42 after the sex or violent offender:
7196+EH 1050—LS 6050/DI 112 168
7197+1 (1) is released from a penal facility (as defined in
7198+2 IC 35-31.5-2-232);
7199+3 (2) is released from a secure private facility (as defined in
7200+4 IC 31-9-2-115);
7201+5 (3) is released from a juvenile detention facility;
7202+6 (4) is transferred to a community transition program;
7203+7 (5) is placed on parole;
7204+8 (6) is placed on probation;
7205+9 (7) is placed on home detention; or
7206+10 (8) arrives at the place where the sexually violent predator is
7207+11 required to register under subsection (b), (c), or (d);
7208+12 whichever occurs first. A sex or violent offender who is a sexually
7209+13 violent predator required to register in more than one (1) county under
7210+14 subsection (b), (c), (d), or (e) shall register in each appropriate county
7211+15 not more than seventy-two (72) hours after the offender's arrival in that
7212+16 county or acquisition of real estate in that county.
7213+17 (i) The local law enforcement authority with whom a sex or violent
7214+18 offender registers under this section shall make and publish a
7215+19 photograph of the sex or violent offender on the Indiana sex and violent
7216+20 offender registry web site website established under IC 36-2-13-5.5.
7217+21 The local law enforcement authority shall make a photograph of the sex
7218+22 or violent offender that complies with the requirements of
7219+23 IC 36-2-13-5.5 at least once per year. The sheriff of a county containing
7220+24 a consolidated city shall provide the police chief of the consolidated
7221+25 city with all photographic and computer equipment necessary to enable
7222+26 the police chief of the consolidated city to transmit sex or violent
7223+27 offender photographs (and other identifying information required by
7224+28 IC 36-2-13-5.5) to the Indiana sex and violent offender registry web
7225+29 site website established under IC 36-2-13-5.5. In addition, the sheriff
7226+30 of a county containing a consolidated city shall provide all funding for
7227+31 the county's financial obligation for the establishment and maintenance
7228+32 of the Indiana sex and violent offender registry web site website
7229+33 established under IC 36-2-13-5.5.
7230+34 (j) When a sex or violent offender registers, the local law
7231+35 enforcement authority shall:
7232+36 (1) immediately update the Indiana sex and violent offender
7233+37 registry web site website established under IC 36-2-13-5.5;
7234+38 (2) notify every law enforcement agency having jurisdiction in the
7235+39 county where the sex or violent offender resides; and
7236+40 (3) update the National Crime Information Center National Sex
7237+41 Offender Registry data base via the Indiana data and
7238+42 communications system (IDACS).
7239+EH 1050—LS 6050/DI 112 169
7240+1 When a sex or violent offender from a jurisdiction outside Indiana
7241+2 registers a change of address, electronic mail address, instant
7242+3 messaging username, electronic chat room username, social networking
7243+4 web site website username, employment, vocation, or enrollment in
7244+5 Indiana, the local law enforcement authority shall provide the
7245+6 department with the information provided by the sex or violent
7246+7 offender during registration.
7247+8 SECTION 156. IC 11-8-8-8, AS AMENDED BY P.L.214-2013,
7248+9 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7249+10 JULY 1, 2025]: Sec. 8. (a) The registration required under this chapter
7250+11 must include the following information:
7251+12 (1) The sex or violent offender's full name, alias, any name by
7252+13 which the sex or violent offender was previously known, date of
7253+14 birth, sex, race, height, weight, hair color, eye color, any scars,
7254+15 marks, or tattoos, Social Security number, driver's license number
7255+16 or state identification card number, vehicle description, vehicle
7256+17 plate number, and vehicle identification number for any vehicle
7257+18 the sex or violent offender owns or operates on a regular basis,
7258+19 principal residence address, other address where the sex or violent
7259+20 offender spends more than seven (7) nights in a fourteen (14) day
7260+21 period, and mailing address, if different from the sex or violent
7261+22 offender's principal residence address.
7262+23 (2) A description of the offense for which the sex or violent
7263+24 offender was convicted, the date of conviction, the county of the
7264+25 conviction, the cause number of the conviction, and the sentence
7265+26 imposed, if applicable.
7266+27 (3) If the person is required to register under section 7(a)(2) or
7267+28 7(a)(3) of this chapter, the name and address of each of the sex or
7268+29 violent offender's employers in Indiana, the name and address of
7269+30 each campus or location where the sex or violent offender is
7270+31 enrolled in school in Indiana, and the address where the sex or
7271+32 violent offender stays or intends to stay while in Indiana.
7272+33 (4) A recent photograph of the sex or violent offender.
7273+34 (5) If the sex or violent offender is a sexually violent predator,
7274+35 that the sex or violent offender is a sexually violent predator.
7275+36 (6) If the sex or violent offender is required to register for life,
7276+37 that the sex or violent offender is required to register for life.
7277+38 (7) Any electronic mail address, instant messaging username,
7278+39 electronic chat room username, or social networking web site
7279+40 website username that the sex or violent offender uses or intends
7280+41 to use.
7281+42 (8) Any other information required by the department.
7282+EH 1050—LS 6050/DI 112 170
7283+1 (b) If a sex or violent offender on probation or parole registers any
7284+2 information under subsection (a)(7), the offender shall sign a consent
7285+3 form authorizing the:
7286+4 (1) search of the sex or violent offender's personal computer or
7287+5 device with Internet capability, at any time; and
7288+6 (2) installation on the sex or violent offender's personal computer
7289+7 or device with Internet capability, at the sex or violent offender's
7290+8 expense, of hardware or software to monitor the sex or violent
7291+9 offender's Internet usage.
7292+10 (c) If the information described in subsection (a) changes, the sex
7293+11 or violent offender shall report in person to the local law enforcement
7294+12 authority having jurisdiction over the sex or violent offender's principal
7295+13 address not later than seventy-two (72) hours after the change and
7296+14 submit the new information to the local law enforcement authority.
7297+15 Upon request of the local law enforcement authority, the sex or violent
7298+16 offender shall permit a new photograph of the sex or violent offender
7299+17 to be made.
7300+18 SECTION 157. IC 11-8-8-11, AS AMENDED BY P.L.214-2013,
7301+19 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7302+20 JULY 1, 2025]: Sec. 11. (a) If a sex or violent offender who is required
7303+21 to register under this chapter changes:
7304+22 (1) principal residence address; or
7305+23 (2) if section 7(a)(2) or 7(a)(3) of this chapter applies, the place
7306+24 where the sex or violent offender stays in Indiana;
7307+25 the sex or violent offender shall report in person to the local law
7308+26 enforcement authority having jurisdiction over the sex or violent
7309+27 offender's current principal address or location and, if the offender
7310+28 moves to a new county in Indiana, to the local law enforcement
7311+29 authority having jurisdiction over the sex or violent offender's new
7312+30 principal address or location not more than seventy-two (72) hours
7313+31 after the address change.
7314+32 (b) If a sex or violent offender moves to a new county in Indiana, the
7315+33 local law enforcement authority where the sex or violent offender's
7316+34 current principal residence address is located shall inform the local law
7317+35 enforcement authority in the new county in Indiana of the sex or violent
7318+36 offender's residence and forward all relevant registration information
7319+37 concerning the sex or violent offender to the local law enforcement
7320+38 authority in the new county. The local law enforcement authority
7321+39 receiving notice under this subsection shall verify the address of the
7322+40 sex or violent offender under section 13 of this chapter not more than
7323+41 seven (7) days after receiving the notice.
7324+42 (c) If a sex or violent offender who is required to register under
7325+EH 1050—LS 6050/DI 112 171
7326+1 section 7(a)(2) or 7(a)(3) of this chapter changes the sex or violent
7327+2 offender's principal place of employment, principal place of vocation,
7328+3 or campus or location where the sex or violent offender is enrolled in
7329+4 school, the sex or violent offender shall report in person:
7330+5 (1) to the local law enforcement authority having jurisdiction over
7331+6 the sex or violent offender's current principal place of
7332+7 employment, principal place of vocation, or campus or location
7333+8 where the sex or violent offender is enrolled in school; and
7334+9 (2) if the sex or violent offender changes the sex or violent
7335+10 offender's place of employment, vocation, or enrollment to a new
7336+11 county in Indiana, to the local law enforcement authority having
7337+12 jurisdiction over the sex or violent offender's new principal place
7338+13 of employment, principal place of vocation, or campus or location
7339+14 where the sex or violent offender is enrolled in school;
7340+15 not more than seventy-two (72) hours after the change.
7341+16 (d) If a sex or violent offender moves the sex or violent offender's
7342+17 place of employment, vocation, or enrollment to a new county in
7343+18 Indiana, the local law enforcement authority having jurisdiction over
7344+19 the sex or violent offender's current principal place of employment,
7345+20 principal place of vocation, or campus or location where the sex or
7346+21 violent offender is enrolled in school shall inform the local law
7347+22 enforcement authority in the new county of the sex or violent offender's
7348+23 new principal place of employment, vocation, or enrollment by
7349+24 forwarding relevant registration information to the local law
7350+25 enforcement authority in the new county.
7351+26 (e) If a sex or violent offender moves the sex or violent offender's
7352+27 residence, place of employment, vocation, or enrollment to a new state,
7353+28 the local law enforcement authority shall inform the state police in the
7354+29 new state of the sex or violent offender's new place of residence,
7355+30 employment, vocation, or enrollment.
7356+31 (f) If a sex or violent offender who is required to register under this
7357+32 chapter changes or obtains a new:
7358+33 (1) electronic mail address;
7359+34 (2) instant messaging username;
7360+35 (3) electronic chat room username; or
7361+36 (4) social networking web site website username;
7362+37 the sex or violent offender shall report in person to the local law
7363+38 enforcement authority having jurisdiction over the sex or violent
7364+39 offender's current principal address or location and shall provide the
7365+40 local law enforcement authority with the new address or username not
7366+41 more than seventy-two (72) hours after the change or creation of the
7367+42 address or username.
7368+EH 1050—LS 6050/DI 112 172
7369+1 (g) A local law enforcement authority shall make registration
7370+2 information, including information concerning the duty to register and
7371+3 the penalty for failing to register, available to a sex or violent offender.
7372+4 (h) A local law enforcement authority who is notified of a change
7373+5 under subsection (a), (c), or (f) shall:
7374+6 (1) immediately update the Indiana sex and violent offender
7375+7 registry web site website established under IC 36-2-13-5.5;
7376+8 (2) update the National Crime Information Center National Sex
7377+9 Offender Registry data base via the Indiana data and
7378+10 communications system (IDACS); and
7379+11 (3) notify the department.
7380+12 (i) If a sex or violent offender who is registered with a local law
7381+13 enforcement authority becomes incarcerated, the local law enforcement
7382+14 authority shall transmit a copy of the information provided by the sex
7383+15 or violent offender during registration to the department.
7384+16 (j) If a sex or violent offender is no longer required to register due
7385+17 to the expiration of the registration period, or if a court grants a petition
7386+18 under section 22 of this chapter that removes the offender's duty to
7387+19 register under this chapter, the local law enforcement authority shall:
7388+20 (1) ensure the offender's information is no longer published to the
7389+21 public portal of the sex and violent offender registry Internet web
7390+22 site website established under IC 36-2-13-5.5; and
7391+23 (2) transmit a copy of the information provided by the sex or
7392+24 violent offender during registration to the department.
7393+25 (k) This subsection applies only to a sex or violent offender who
7394+26 has:
7395+27 (1) informed the local law enforcement authority of the offender's
7396+28 intention to move the offender's residence to a new location; and
7397+29 (2) not moved the offender's residence to the new location.
7398+30 Not later than seventy-two (72) hours after the date on which a sex or
7399+31 violent offender to whom this subsection applies was scheduled to
7400+32 move (according to information the offender provided to the local law
7401+33 enforcement authority before the move), the sex or violent offender
7402+34 shall report in person to the local law enforcement authority having
7403+35 jurisdiction over the offender's current address or location, even if the
7404+36 offender's address has not changed. An offender who fails to report as
7405+37 provided in this subsection may be prosecuted in the offender's original
7406+38 county of residence, in the county to which the offender intended to
7407+39 move, or in the offender's current county of residence.
7408+40 SECTION 158. IC 11-8-8-19, AS AMENDED BY P.L.40-2019,
7409+41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7410+42 JULY 1, 2025]: Sec. 19. (a) Except as provided in subsections (b)
7411+EH 1050—LS 6050/DI 112 173
7412+1 through (f), a sex or violent offender is required to register under this
7413+2 chapter until the expiration of ten (10) years after the date the sex or
7414+3 violent offender:
7415+4 (1) is released from a penal facility (as defined in
7416+5 IC 35-31.5-2-232) or a secure juvenile detention facility of a state
7417+6 or another jurisdiction;
7418+7 (2) is placed in a community transition program;
7419+8 (3) is placed in a community corrections program;
7420+9 (4) is placed on parole; or
7421+10 (5) is placed on probation;
7422+11 for the sex or violent offense requiring registration, whichever occurs
7423+12 last. The registration period is tolled during any period that the sex or
7424+13 violent offender is incarcerated. The registration period does not restart
7425+14 if the offender is convicted of a subsequent offense. However, if the
7426+15 subsequent offense is a sex or violent offense, or an offense under
7427+16 IC 11-8-8-17, section 17 of this chapter, a new registration period may
7428+17 be imposed in accordance with this chapter. The department shall
7429+18 ensure that an offender who is no longer required to register as a sex or
7430+19 violent offender is notified that the obligation to register has expired,
7431+20 and shall ensure that the offender's information is no longer published
7432+21 to the public portal of the sex and violent offender registry Internet web
7433+22 site website established under IC 36-2-13-5.5.
7434+23 (b) A sex or violent offender who is a sexually violent predator is
7435+24 required to register for life.
7436+25 (c) A sex or violent offender who is convicted of at least one (1)
7437+26 offense under section 5(a) of this chapter that the sex or violent
7438+27 offender committed:
7439+28 (1) when the person was at least eighteen (18) years of age; and
7440+29 (2) against a victim who was less than twelve (12) years of age at
7441+30 the time of the crime;
7442+31 is required to register for life.
7443+32 (d) A sex or violent offender who is convicted of at least one (1)
7444+33 offense under section 5(a) of this chapter in which the sex offender:
7445+34 (1) proximately caused serious bodily injury or death to the
7446+35 victim;
7447+36 (2) used force or the threat of force against the victim or a
7448+37 member of the victim's family, unless the offense is sexual battery
7449+38 as a Class D felony (for an offense committed before July 1,
7450+39 2014) or a Level 6 felony (for a crime committed after June 30,
7451+40 2014); or
7452+41 (3) rendered the victim unconscious or otherwise incapable of
7453+42 giving voluntary consent;
7454+EH 1050—LS 6050/DI 112 174
7455+1 is required to register for life.
7456+2 (e) A sex or violent offender who is convicted of at least two (2)
7457+3 unrelated offenses under section 5(a) of this chapter is required to
7458+4 register for life.
7459+5 (f) A person who is required to register as a sex or violent offender
7460+6 in any jurisdiction shall register for the period required by the other
7461+7 jurisdiction or the period described in this section, whichever is longer.
7462+8 SECTION 159. IC 11-8-8-20, AS AMENDED BY P.L.3-2008,
7463+9 SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7464+10 JULY 1, 2025]: Sec. 20. (a) The department may enter into a compact
7465+11 or agreement with one (1) or more jurisdictions outside Indiana to
7466+12 exchange notifications concerning the change of address, employment,
7467+13 vocation, or enrollment of a sex or violent offender between Indiana
7468+14 and the other jurisdiction or the other jurisdiction and Indiana.
7469+15 (b) If the department receives information that a sex or violent
7470+16 offender has relocated to Indiana to reside, engage in employment or
7471+17 a vocation, or enroll in school, or that a sex or violent offender has been
7472+18 convicted in Indiana but not sentenced to the department, the
7473+19 department shall determine:
7474+20 (1) whether the person is defined as a:
7475+21 (A) sex offender under IC 11-8-8-4.5; section 4.5 of this
7476+22 chapter; or
7477+23 (B) sex or violent offender under IC 11-8-8-5; section 5 of this
7478+24 chapter;
7479+25 (2) whether the person is a sexually violent predator under
7480+26 IC 35-38-1-7.5;
7481+27 (3) the period for which the person will be required to register as
7482+28 a sex or violent offender in Indiana; and
7483+29 (4) any other matter required by law to make a registration
7484+30 determination.
7485+31 (c) After the department has made a determination under subsection
7486+32 (b), the department shall update the sex and violent offender registry
7487+33 web site website and transmit the department's determination to the
7488+34 local law enforcement authority having jurisdiction over the county
7489+35 where the sex or violent offender resides, is employed, and attends
7490+36 school. The department shall transmit:
7491+37 (1) the sex or violent offender's name, date of relocation, and new
7492+38 address (if applicable), the offense or delinquent act committed
7493+39 by the sex or violent offender, and any other available descriptive
7494+40 information;
7495+41 (2) whether the sex or violent offender is a sexually violent
7496+42 predator;
7497+EH 1050—LS 6050/DI 112 175
7498+1 (3) the period for which the sex or violent offender will be
7499+2 required to register in Indiana; and
7500+3 (4) anything else required by law to make a registration
7501+4 determination.
7502+5 SECTION 160. IC 11-8-8-22, AS AMENDED BY P.L.214-2013,
7503+6 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7504+7 JULY 1, 2025]: Sec. 22. (a) As used in this section, "offender" means
7505+8 a sex offender (as defined in section 4.5 of this chapter) and a sex or
7506+9 violent offender (as defined in section 5 of this chapter).
7507+10 (b) Subsection (g) applies to an offender required to register under
7508+11 this chapter if, due to a change in federal or state law after June 30,
7509+12 2007, an individual who engaged in the same conduct as the offender:
7510+13 (1) would not be required to register under this chapter; or
7511+14 (2) would be required to register under this chapter but under less
7512+15 restrictive conditions than the offender is required to meet.
7513+16 (c) A person to whom this section applies may petition a court to:
7514+17 (1) remove the person's designation as an offender and order the
7515+18 department to remove all information regarding the person from
7516+19 the public portal of the sex and violent offender registry Internet
7517+20 web site website established under IC 36-2-13-5.5; or
7518+21 (2) require the person to register under less restrictive conditions.
7519+22 (d) A petition under this section shall be filed in the circuit or
7520+23 superior court of the county in which the offender resides. If the
7521+24 offender resides in more than one (1) county, the petition shall be filed
7522+25 in the circuit or superior court of the county in which the offender
7523+26 resides the greatest time. If the offender does not reside in Indiana, the
7524+27 petition shall be filed in the circuit or superior court of the county
7525+28 where the offender is employed the greatest time. If the offender does
7526+29 not reside or work in Indiana, but is a student in Indiana, the petition
7527+30 shall be filed in the circuit or superior court of the county where the
7528+31 offender is a student. If the offender is not a student in Indiana and does
7529+32 not reside or work in Indiana, the petition shall be filed in the county
7530+33 where the offender was most recently convicted of a crime listed in
7531+34 section 5 of this chapter.
7532+35 (e) After receiving a petition under this section, the court may:
7533+36 (1) summarily dismiss the petition; or
7534+37 (2) give notice to:
7535+38 (A) the department;
7536+39 (B) the attorney general;
7537+40 (C) the prosecuting attorney of:
7538+41 (i) the county where the petition was filed;
7539+42 (ii) the county where offender was most recently convicted
7540+EH 1050—LS 6050/DI 112 176
7541+1 of an offense listed in section 5 of this chapter; and
7542+2 (iii) the county where the offender resides; and
7543+3 (D) the sheriff of the county where the offender resides;
7544+4 and set the matter for hearing. The date set for a hearing must not be
7545+5 less than sixty (60) days after the court gives notice under this
7546+6 subsection.
7547+7 (f) If a court sets a matter for a hearing under this section, the
7548+8 prosecuting attorney of the county in which the action is pending shall
7549+9 appear and respond, unless the prosecuting attorney requests the
7550+10 attorney general to appear and respond and the attorney general agrees
7551+11 to represent the interests of the state in the matter. If the attorney
7552+12 general agrees to appear, the attorney general shall give notice to:
7553+13 (1) the prosecuting attorney; and
7554+14 (2) the court.
7555+15 (g) A court may grant a petition under this section if, following a
7556+16 hearing, the court makes the following findings:
7557+17 (1) The law requiring the petitioner to register as an offender has
7558+18 changed since the date on which the petitioner was initially
7559+19 required to register.
7560+20 (2) If the petitioner who was required to register as an offender
7561+21 before the change in law engaged in the same conduct after the
7562+22 change in law occurred, the petitioner would:
7563+23 (A) not be required to register as an offender; or
7564+24 (B) be required to register as an offender, but under less
7565+25 restrictive conditions.
7566+26 (3) If the petitioner seeks relief under this section because a
7567+27 change in law makes a previously unavailable defense available
7568+28 to the petitioner, that the petitioner has proved the defense.
7569+29 The court has the discretion to deny a petition under this section, even
7570+30 if the court makes the findings under this subsection.
7571+31 (h) The petitioner has the burden of proof in a hearing under this
7572+32 section.
7573+33 (i) If the court grants a petition under this section, the court shall
7574+34 notify:
7575+35 (1) the victim of the offense, if applicable;
7576+36 (2) the department of correction; and
7577+37 (3) the local law enforcement authority of every county in which
7578+38 the petitioner is currently required to register.
7579+39 (j) An offender may base a petition filed under this section on a
7580+40 claim that the application or registration requirements constitute ex
7581+41 post facto punishment.
7582+42 (k) A petition filed under this section must:
7583+EH 1050—LS 6050/DI 112 177
7584+1 (1) be submitted under the penalties of perjury;
7585+2 (2) list each of the offender's criminal convictions and state for
7586+3 each conviction:
7587+4 (A) the date of the judgment of conviction;
7588+5 (B) the court that entered the judgment of conviction;
7589+6 (C) the crime that the offender pled guilty to or was convicted
7590+7 of; and
7591+8 (D) whether the offender was convicted of the crime in a trial
7592+9 or pled guilty to the criminal charges; and
7593+10 (3) list each jurisdiction in which the offender is required to
7594+11 register as a sex offender or a violent offender.
7595+12 (l) The attorney general may initiate an appeal from any order
7596+13 granting an offender relief under this section.
7597+14 SECTION 161. IC 11-10-11.5-11, AS AMENDED BY
7598+15 P.L.209-2015, SECTION 3, IS AMENDED TO READ AS FOLLOWS
7599+16 [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) While assigned to a
7600+17 community transition program, a person must comply with:
7601+18 (1) the rules concerning the conduct of persons in the community
7602+19 transition program, including rules related to payments described
7603+20 in section 12 of this chapter, that are adopted by the community
7604+21 corrections advisory board establishing the program or, in
7605+22 counties that are not served by a community corrections program,
7606+23 that are jointly adopted by the courts in the county with felony
7607+24 jurisdiction; and
7608+25 (2) any conditions established by the sentencing court for the
7609+26 person.
7610+27 (b) As a rule of the community transition program, a person
7611+28 convicted of a sex offense (as defined in IC 11-8-8-5.2) may not use a
7612+29 social networking web site website (as defined in IC 35-31.5-2-307) or
7613+30 an instant messaging or chat room program (as defined in
7614+31 IC 35-31.5-2-173) to communicate, directly or through an intermediary,
7615+32 with a child less than sixteen (16) years of age. However, the rules of
7616+33 the community transition program may permit the offender to
7617+34 communicate using a social networking web site website or an instant
7618+35 messaging or chat room program with:
7619+36 (1) the offender's own child, stepchild, or sibling; or
7620+37 (2) another relative of the offender specifically named in the rules
7621+38 applicable to that person.
7622+39 (c) As a rule of the community transition program, an individual
7623+40 may be required to receive:
7624+41 (1) addiction counseling;
7625+42 (2) inpatient detoxification;
7626+EH 1050—LS 6050/DI 112 178
7627+1 (3) case management;
7628+2 (4) daily living skills; and
7629+3 (5) medication assisted treatment, including a federal Food and
7630+4 Drug Administration approved long acting, nonaddictive
7631+5 medication for the treatment of opioid or alcohol dependence.
7632+6 SECTION 162. IC 11-10-12-6, AS AMENDED BY P.L.74-2015,
7633+7 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7634+8 JULY 1, 2025]: Sec. 6. (a) The department, during the ninety (90) days
7635+9 before a committed offender is:
7636+10 (1) released on parole;
7637+11 (2) assigned to a community transition program;
7638+12 (3) discharged from the department; or
7639+13 (4) released on probation;
7640+14 shall allow the committed offender to have Internet access to use web
7641+15 sites websites that contain employment information in accordance with
7642+16 rules adopted by the department.
7643+17 (b) The department shall provide employment counseling and
7644+18 Internet assistance to a committed offender who qualifies for Internet
7645+19 access under subsection (a), by a person trained in employment
7646+20 counseling and the use of Internet employment services.
7647+21 (c) The department may restrict Internet access for a committed
7648+22 offender under subsection (a) if the committed offender:
7649+23 (1) has a warrant or detainer seeking transfer of the person to a
7650+24 county or another jurisdiction;
7651+25 (2) is no longer within ninety (90) days of release due to loss of
7652+26 educational credit or good time credit, or the imposition of an
7653+27 additional criminal sentence;
7654+28 (3) does not reside in a department facility; or
7655+29 (4) has engaged in misconduct involving use of the Internet.
7656+30 SECTION 163. IC 11-13-3-4, AS AMENDED BY P.L.45-2022,
7657+31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7658+32 JULY 1, 2025]: Sec. 4. (a) A condition to remaining on parole is that
7659+33 the parolee not commit a crime during the period of parole.
7660+34 (b) The parole board may also adopt, under IC 4-22-2, additional
7661+35 conditions to remaining on parole and require a parolee to satisfy one
7662+36 (1) or more of these conditions. These conditions must be reasonably
7663+37 related to the parolee's successful reintegration into the community and
7664+38 not unduly restrictive of a fundamental right.
7665+39 (c) If a person is released on parole, the parolee shall be given a
7666+40 written statement of the conditions of parole. Signed copies of this
7667+41 statement shall be:
7668+42 (1) retained by the parolee;
7669+EH 1050—LS 6050/DI 112 179
7670+1 (2) forwarded to any person charged with the parolee's
7671+2 supervision; and
7672+3 (3) placed in the parolee's master file.
7673+4 (d) The parole board may modify parole conditions if the parolee
7674+5 receives notice of that action and had ten (10) days after receipt of the
7675+6 notice to express the parolee's views on the proposed modification.
7676+7 This subsection does not apply to modification of parole conditions
7677+8 after a revocation proceeding under section 10 of this chapter.
7678+9 (e) As a condition of parole, the parole board may require the
7679+10 parolee to reside in a particular parole area. In determining a parolee's
7680+11 residence requirement, the parole board shall:
7681+12 (1) consider:
7682+13 (A) the residence of the parolee prior to the parolee's
7683+14 incarceration; and
7684+15 (B) the parolee's place of employment; and
7685+16 (2) assign the parolee to reside in the county where the parolee
7686+17 resided prior to the parolee's incarceration unless assignment on
7687+18 this basis would be detrimental to the parolee's successful
7688+19 reintegration into the community.
7689+20 (f) As a condition of parole, the parole board may require the
7690+21 parolee to:
7691+22 (1) periodically undergo a laboratory chemical test (as defined in
7692+23 IC 9-13-2-22) or series of tests to detect and confirm the presence
7693+24 of a controlled substance (as defined in IC 35-48-1-9); and
7694+25 (2) have the results of any test under this subsection reported to
7695+26 the parole board by the laboratory.
7696+27 The parolee is responsible for any charges resulting from a test
7697+28 required under this subsection. However, a person's parole may not be
7698+29 revoked on the basis of the person's inability to pay for a test under this
7699+30 subsection.
7700+31 (g) As a condition of parole, the parole board:
7701+32 (1) may require a parolee who is a sex offender (as defined in
7702+33 IC 11-8-8-4.5) to:
7703+34 (A) participate in a treatment program for sex offenders
7704+35 approved by the parole board; and
7705+36 (B) avoid contact with any person who is less than sixteen (16)
7706+37 years of age unless the parolee:
7707+38 (i) receives the parole board's approval; or
7708+39 (ii) successfully completes the treatment program referred to
7709+40 in clause (A); and
7710+41 (2) shall:
7711+42 (A) require a parolee who is a sex or violent offender (as
7712+EH 1050—LS 6050/DI 112 180
7713+1 defined in IC 11-8-8-5) to register with a local law
7714+2 enforcement authority under IC 11-8-8;
7715+3 (B) prohibit a parolee who is a sex offender from residing
7716+4 within one thousand (1,000) feet of school property (as defined
7717+5 in IC 35-31.5-2-285) for the period of parole, unless the sex
7718+6 offender obtains written approval from the parole board;
7719+7 (C) prohibit a parolee who is a sex offender convicted of a sex
7720+8 offense (as defined in IC 35-38-2-2.5) from residing within
7721+9 one (1) mile of the victim of the sex offender's sex offense
7722+10 unless the sex offender obtains a waiver under IC 35-38-2-2.5;
7723+11 (D) prohibit a parolee who is a sex offender from owning,
7724+12 operating, managing, being employed by, or volunteering at
7725+13 any attraction designed to be primarily enjoyed by children
7726+14 less than sixteen (16) years of age;
7727+15 (E) require a parolee who is a sex offender to consent:
7728+16 (i) to the search of the sex offender's personal computer at
7729+17 any time; and
7730+18 (ii) to the installation on the sex offender's personal
7731+19 computer or device with Internet capability, at the sex
7732+20 offender's expense, of one (1) or more hardware or software
7733+21 systems to monitor Internet usage; and
7734+22 (F) prohibit the sex offender from:
7735+23 (i) accessing or using certain web sites, websites, chat
7736+24 rooms, or instant messaging programs frequented by
7737+25 children; and
7738+26 (ii) deleting, erasing, or tampering with information on the
7739+27 sex offender's personal computer with intent to conceal an
7740+28 activity prohibited by item (i).
7741+29 The parole board may not grant a sexually violent predator (as defined
7742+30 in IC 35-38-1-7.5) or a sex offender who is an offender against children
7743+31 under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the
7744+32 parole board allows the sex offender to reside within one thousand
7745+33 (1,000) feet of school property under subdivision (2)(B), the parole
7746+34 board shall notify each school within one thousand (1,000) feet of the
7747+35 sex offender's residence of the order.
7748+36 (h) The address of the victim of a parolee who is a sex offender
7749+37 convicted of a sex offense (as defined in IC 35-38-2-2.5) is
7750+38 confidential, even if the sex offender obtains a waiver under
7751+39 IC 35-38-2-2.5.
7752+40 (i) As a condition of parole, the parole board may require a parolee
7753+41 to participate in a reentry court program.
7754+42 (j) This subsection does not apply to a person on lifetime parole. As
7755+EH 1050—LS 6050/DI 112 181
7756+1 a condition of parole, the parole board shall require a parolee who is a
7757+2 sexually violent predator under IC 35-38-1-7.5 or who is a sex or
7758+3 violent offender (as defined in IC 11-8-8-5) to wear a monitoring
7759+4 device (as described in IC 35-38-2.5-3) that can transmit information
7760+5 twenty-four (24) hours each day regarding a person's precise location,
7761+6 subject to a validated sex offender risk assessment, and subject to the
7762+7 amount appropriated to the department for a monitoring program as a
7763+8 condition of parole.
7764+9 (k) As a condition of parole, the parole board may prohibit, in
7765+10 accordance with IC 35-38-2-2.6, a parolee who has been convicted of
7766+11 stalking from residing within one thousand (1,000) feet of the residence
7767+12 of the victim of the stalking for a period that does not exceed five (5)
7768+13 years.
7769+14 (l) As a condition of parole, the parole board may prohibit a parolee
7770+15 convicted of an offense under IC 35-46-3 from owning, harboring, or
7771+16 training an animal, and, if the parole board prohibits a parolee
7772+17 convicted of an offense under IC 35-46-3 from having direct or indirect
7773+18 contact with an individual, the parole board may also prohibit the
7774+19 parolee from having direct or indirect contact with any animal
7775+20 belonging to the individual.
7776+21 (m) As a condition of parole, the parole board may require a parolee
7777+22 to receive:
7778+23 (1) addiction counseling;
7779+24 (2) inpatient detoxification;
7780+25 (3) case management;
7781+26 (4) daily living skills; and
7782+27 (5) medication assisted treatment, including a federal Food and
7783+28 Drug Administration approved long acting, nonaddictive
7784+29 medication for the treatment of opioid or alcohol dependence.
7785+30 (n) A parolee may be responsible for the reasonable expenses, as
7786+31 determined by the department, of the parolee's participation in a
7787+32 treatment or other program required as a condition of parole under this
7788+33 section. However, a person's parole may not be revoked solely on the
7789+34 basis of the person's inability to pay for a program required as a
7790+35 condition of parole under this section.
7791+36 (o) As a condition of parole, the parole board shall prohibit a person
7792+37 convicted of an animal abuse offense (as defined in IC 35-38-2-2.8)
7793+38 from owning, harboring, or training a companion animal (as defined in
7794+39 IC 35-38-2-2.8).
7795+40 SECTION 164. IC 11-13-3-11, AS ADDED BY P.L.45-2022,
7796+41 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7797+42 JULY 1, 2025]: Sec. 11. (a) As used in this section, "Internet crime
7798+EH 1050—LS 6050/DI 112 182
7799+1 against a child" means a conviction for a violation of:
7800+2 (1) IC 35-42-4-4(b) or IC 35-42-4-4(c) (child exploitation);
7801+3 (2) IC 35-42-4-4(d) or IC 35-42-4-4(e) (possession of child
7802+4 pornography); or
7803+5 (3) IC 35-42-4-6 (child solicitation).
7804+6 (b) When a person is placed on lifetime parole, the department shall
7805+7 provide the parolee with a written statement of the conditions of
7806+8 lifetime parole. The parolee shall sign the statement, retain a copy, and
7807+9 provide a copy to the department. The department shall place the
7808+10 signed statement in the parolee's master file.
7809+11 (c) As a condition of lifetime parole, the parole board shall:
7810+12 (1) require a parolee who is a sexually violent predator (as defined
7811+13 in IC 35-38-1-7.5) to:
7812+14 (A) inform the parolee's parole agent of any changes to the
7813+15 parolee's residence, employment, or contact information not
7814+16 later than seventy-two (72) hours after the change;
7815+17 (B) report to the parole agent as instructed;
7816+18 (C) avoid contact with any person who is less than sixteen (16)
7817+19 years of age, unless the parolee receives written authorization
7818+20 from the parole board; and
7819+21 (D) avoid contact with the victim of any sex crime committed
7820+22 by that parolee, unless the parolee receives written
7821+23 authorization from the parole board;
7822+24 (2) prohibit a parolee who is a sexually violent predator convicted
7823+25 of an Internet crime against a child from:
7824+26 (A) accessing or using certain Internet web sites, websites,
7825+27 chat rooms, or instant messaging programs frequented by
7826+28 children; and
7827+29 (B) deleting, erasing, or tampering with data on the parolee's
7828+30 personal computer;
7829+31 (3) prohibit a parolee who is a sexually violent predator from
7830+32 owning, operating, managing, being employed by, or volunteering
7831+33 at an attraction designed to be primarily enjoyed by a child less
7832+34 than sixteen (16) years of age; and
7833+35 (4) require a parolee to allow the parolee's supervising parole
7834+36 agent or another person authorized by the parole board to visit the
7835+37 parolee's residence, real property, or place of employment.
7836+38 (d) As a condition of lifetime parole, the parole board may require
7837+39 a sexually violent predator to participate in a sex offender treatment
7838+40 program approved by the parole board.
7839+41 (e) As a condition of lifetime parole, the parole board may require
7840+42 a parolee who is:
7841+EH 1050—LS 6050/DI 112 183
7842+1 (1) a sexually violent predator; or
7843+2 (2) required to register as a sex or violent offender under
7844+3 IC 11-8-8-5 due to a conviction for murder (IC 35-42-1-1) or
7845+4 voluntary manslaughter (IC 35-42-1-3);
7846+5 to wear a monitoring device (as described in IC 35-38-2.5-3) that can
7847+6 transmit information twenty-four (24) hours each day regarding a
7848+7 person's precise location, subject to a validated sex offender risk
7849+8 assessment or appropriate violent offender risk assessment, and subject
7850+9 to the amount appropriated to the department for a monitoring program
7851+10 as a condition of lifetime parole.
7852+11 (f) When an offender is placed on lifetime parole, the parole board
7853+12 shall inform the sheriff and the prosecuting attorney of the offender's
7854+13 current county of residence:
7855+14 (1) that the offender has been placed on lifetime parole; and
7856+15 (2) whether the offender is required to wear a monitoring device
7857+16 as described in subsection (e).
7858+17 (g) The parole board may adopt rules under IC 4-22-2 to impose
7859+18 additional conditions of lifetime parole and to implement this section.
7860+19 SECTION 165. IC 12-7-2-22, AS AMENDED BY
7861+20 P.L.180-2022(ss), SECTION 10, IS AMENDED TO READ AS
7862+21 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 22. "Board" means has
7863+22 the following meaning:
7864+23 (1) For purposes of IC 12-8-6.5-14, the meaning set forth in
7865+24 IC 12-8-6.5-14(a).
7866+25 (2) For purposes of IC 12-8-6.5-14.1, the meaning set forth in
7867+26 IC 12-8-6.5-14.1(a).
7868+27 (3) For purposes of IC 12-8-6.5-14.3, the meaning set forth in
7869+28 IC 12-8-6.5-14.3(a).
7870+29 (4) For purposes of IC 12-8-6.5-15, the meaning set forth in
7871+30 IC 12-8-6.5-15(a).
7872+31 (2) (5) For purposes of IC 12-10-10 and IC 12-10-11, the
7873+32 community and home options to institutional care for the elderly
7874+33 and disabled board established by IC 12-10-11-1.
7875+34 (3) (6) For purposes of IC 12-11-14, the meaning set forth in
7876+35 IC 12-11-14-3.
7877+36 (4) (7) For purposes of IC 12-12-7-5, the meaning set forth in
7878+37 IC 12-12-7-5(a).
7879+38 (5) (8) For purposes of IC 12-15-35, the meaning set forth in
7880+39 IC 12-15-35-2.
7881+40 SECTION 166. IC 12-8-6.5-14.3, AS ADDED BY P.L.42-2024,
7882+41 SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7883+42 JULY 1, 2025]: Sec. 14.3. (a) As used in this section, "board" refers to
7884+EH 1050—LS 6050/DI 112 184
7885+1 the doula reimbursement advisory board established by section 14 of
7886+2 this chapter.
7887+3 (b) A member of the general assembly appointed to the board serves
7888+4 a two (2) year term that expires June 30 of an odd-numbered year.
7889+5 (c) The terms of the lay members of the board expire as follows:
7890+6 (1) For a member appointed under subsection section 14(c)(2)(B),
7891+7 14(c)(2)(C), 14(c)(2)(D), or 14(c)(2)(E) of this chapter, June 30
7892+8 of each odd-numbered year.
7893+9 (2) For a member appointed under subsection section
7894+10 14(c)(2)(A), 14(c)(2)(F), 14(c)(2)(G), 14(c)(2)(H), or 14(c)(2)(I)
7895+11 of this chapter, June 30, 2027, and every fourth year thereafter.
7896+12 (d) A member of the board serves at the pleasure of the appointing
7897+13 authority and may be reappointed to successive terms.
7898+14 (e) A vacancy on the board shall be filled by the appropriate
7899+15 appointing authority. An individual appointed to fill a vacancy serves
7900+16 for the unexpired term of the individual's predecessor.
7901+17 SECTION 167. IC 12-14-2-23, AS AMENDED BY P.L.103-2023,
7902+18 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7903+19 JULY 1, 2025]: Sec. 23. (a) This section applies only to a person's
7904+20 eligibility for assistance under section 5.1 of this chapter.
7905+21 (b) As used in this section, "school" means a program resulting in
7906+22 high school graduation.
7907+23 (c) Due to extraordinary circumstances, a person who is the parent
7908+24 of a dependent child, an essential person, or a dependent child may
7909+25 apply, in a manner prescribed by the division, for an exemption from
7910+26 the requirements of this chapter if the person can document that the
7911+27 person has complied with the personal responsibility agreement under
7912+28 section 21 of this chapter and the person demonstrates any of the
7913+29 following:
7914+30 (1) The person has a substantial physical or mental disability that
7915+31 prevents the person from obtaining or participating in gainful
7916+32 employment.
7917+33 (2) The person is a minor parent who is in school full time and
7918+34 who has a dependent child.
7919+35 (3) The person is a minor parent who is enrolled full time in an
7920+36 educational program culminating in a high school equivalency
7921+37 certificate and who has a dependent child.
7922+38 A person seeking an exemption under this section must show
7923+39 documentation to the division to substantiate the person's claim for an
7924+40 exemption under subdivision (1), (2), or (3).
7925+41 (d) After receiving an application for exemption from a parent, an
7926+42 essential person, or a dependent child under subsection (c), the division
7927+EH 1050—LS 6050/DI 112 185
7928+1 shall investigate and determine if the parent, essential person, or
7929+2 dependent child qualifies for an exemption from this chapter. The
7930+3 director shall make a final determination regarding:
7931+4 (1) whether to grant an exemption;
7932+5 (2) the length of an exemption, if granted, subject to subsection
7933+6 (f); and
7934+7 (3) the extent of an exemption, if granted.
7935+8 (e) If the director determines that a parent, an essential person, or a
7936+9 dependent child qualifies for an exemption under this chapter, the
7937+10 parent, essential person, or dependent child is entitled to receive one
7938+11 hundred percent (100%) of the payments that the parent, essential
7939+12 person, or dependent child is entitled to receive under this chapter,
7940+13 subject to any ratable reduction.
7941+14 (f) An exemption granted under this section may not exceed one (1)
7942+15 year, but may be renewed.
7943+16 (g) The division shall publish the number and type of exemptions
7944+17 granted under this section on the division's Internet web site. website.
7945+18 (h) The division may adopt rules under IC 4-22-2 to carry out this
7946+19 section.
7947+20 SECTION 168. IC 12-15-30.5-4, AS AMENDED BY P.L.156-2020,
7948+21 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7949+22 JULY 1, 2025]: Sec. 4. (a) A broker must do the following:
7950+23 (1) Submit monthly reports to the office of the secretary for the
7951+24 office of the secretary to post on the office of the secretary's
7952+25 Internet web site website of the following:
7953+26 (A) A list and map by county of the number of vehicles, by
7954+27 vehicle type, that are contracted, credentialed, and available to
7955+28 provide nonemergency medical transportation in that county.
7956+29 (B) Based upon a comparison of trip-leg identification
7957+30 numbers issued by the broker to the corresponding claim
7958+31 submitted with that trip-leg identification number, the number
7959+32 of instances in which a requested nonemergency medical
7960+33 transportation for an eligible Medicaid recipient was not
7961+34 provided, including whether:
7962+35 (i) the instance related to picking up the recipient to go to an
7963+36 appointment;
7964+37 (ii) the instance related to picking up the recipient from an
7965+38 appointment;
7966+39 (iii) the instance related to a Medicaid recipient or
7967+40 transportation provider not being available;
7968+41 (iv) the recipient resides in the community, a health facility,
7969+42 an intermediate care facility for individuals with intellectual
7970+EH 1050—LS 6050/DI 112 186
7971+1 disabilities, a hospital, or another location; and
7972+2 (v) the instance resulted from the transportation request
7973+3 being canceled by the transportation provider more than
7974+4 forty-eight (48) hours before the appointment or within
7975+5 forty-eight (48) hours of the appointment.
7976+6 (C) A summary of the complaints received by the broker,
7977+7 whether or not the complaints have been substantiated.
7978+8 Information under this clause must include the total number of
7979+9 complaints and whether the complaint related to:
7980+10 (i) a scheduled ride to go to an appointment;
7981+11 (ii) a scheduled ride from an appointment; and
7982+12 (iii) a recipient who resided in the community, a health
7983+13 facility, an intermediate care facility for individuals with
7984+14 intellectual disabilities, a hospital, or another location.
7985+15 (2) Submit monthly to the office of the secretary for the office of
7986+16 the secretary to post on the office of the secretary's Internet web
7987+17 site website a report comparing:
7988+18 (A) the number of eligible Medicaid recipients; to
7989+19 (B) the number of contracted and credentialed transportation
7990+20 vehicles, by type and by county, that are available to provide
7991+21 nonemergency medical transportation in a county;
7992+22 and including the calculation of the ratio of eligible Medicaid
7993+23 recipients to vehicle type.
7994+24 (3) Submit a monthly report to the office of the secretary that
7995+25 includes the following information for the previous month:
7996+26 (A) The number of ride requests received and scheduled
7997+27 trip-leg identification numbers issued.
7998+28 (B) Call center statistics.
7999+29 (C) Information on claims payments, including claim denial
8000+30 reason codes.
8001+31 (D) Program integrity referrals.
8002+32 (E) Information concerning grievances and appeals, including
8003+33 the status of any grievance or appeal that is either open or
8004+34 closed in the month of the report.
8005+35 (b) If the broker has not assigned a transportation provider to a
8006+36 request for nonemergency medical transportation within forty-eight
8007+37 (48) hours of the time in which the transportation is to be provided, the
8008+38 broker shall do the following:
8009+39 (1) Take steps to notify the:
8010+40 (A) Medicaid recipient for which the request was made; and
8011+41 (B) health facility, if the Medicaid recipient resides in a health
8012+42 facility;
8013+EH 1050—LS 6050/DI 112 187
8014+1 that a transportation provider has not yet been assigned.
8015+2 (2) Continue to make every effort in securing transportation for
8016+3 the Medicaid recipient and immediately notify the recipient
8017+4 described in subdivision (1)(A) and, if applicable, the health
8018+5 facility described in subdivision (1)(B), when transportation has
8019+6 been assigned.
8020+7 (3) Document whether the notice required under subdivision (1)
8021+8 was communicated to the Medicaid recipient or a person on
8022+9 behalf of the Medicaid recipient, and the method of
8023+10 communication.
8024+11 SECTION 169. IC 12-15-30.5-5, AS ADDED BY P.L.116-2019,
8025+12 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8026+13 JULY 1, 2025]: Sec. 5. (a) A broker shall establish, implement, and
8027+14 maintain the following:
8028+15 (1) One (1) toll free telephone number clearly identified for the
8029+16 handling of complaints concerning the nonemergency medical
8030+17 transportation services.
8031+18 (2) A link on the home page of the broker's Internet web site
8032+19 website titled "File a Complaint Here" that is accessible by the
8033+20 public and that allows for the submission of a complaint
8034+21 concerning the nonemergency medical transportation services.
8035+22 (3) Instructions on the broker's Internet web site website on how
8036+23 to file a complaint concerning nonemergency medical
8037+24 transportation services.
8038+25 (4) A process to notify a person who files a complaint about:
8039+26 (A) the steps the broker will take to investigate the complaint;
8040+27 and
8041+28 (B) the results of the investigation.
8042+29 (b) Except for disclosure to the office of the secretary, the broker
8043+30 shall keep confidential the identity of any individual who submits a
8044+31 complaint with the broker concerning nonemergency medical
8045+32 transportation services.
8046+33 (c) If a complaint concerning nonemergency medical transportation
8047+34 services made to the broker is substantiated, the broker shall develop
8048+35 a remediation plan concerning the complaint and submit the
8049+36 remediation plan to the office of the secretary for the office of the
8050+37 secretary to post the remediation plan on the office of the secretary's
8051+38 Internet web site. website.
8052+39 SECTION 170. IC 12-15-35-50, AS ADDED BY P.L.187-2007,
8053+40 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8054+41 JULY 1, 2025]: Sec. 50. (a) IC 12-15-13-6 does not apply to this
8055+42 section.
8056+EH 1050—LS 6050/DI 112 188
8057+1 (b) The office shall maintain an Internet web site a website and post
8058+2 on the web site website any changes concerning the office's maximum
8059+3 allowable cost schedule for drugs.
8060+4 (c) A change in the office's maximum allowable cost schedule for
8061+5 drugs may not take effect less than thirty (30) days after the change is
8062+6 posted on the office's Internet web site. website.
8063+7 (d) The office is not required to mail a notice to providers
8064+8 concerning a change in the office's maximum allowable cost schedule
8065+9 for drugs.
8066+10 (e) A pharmacy may determine not to participate in the Medicaid
8067+11 program because of a change to the office's maximum allowable cost
8068+12 schedule for drugs if the pharmacy notifies the office not less than
8069+13 thirty (30) days after the changes take effect.
8070+14 SECTION 171. IC 12-17.2-2-1, AS AMENDED BY P.L.121-2020,
8071+15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8072+16 JULY 1, 2025]: Sec. 1. The division shall perform the following duties:
8073+17 (1) Administer the licensing and monitoring of child care centers
8074+18 or child care homes in accordance with this article.
8075+19 (2) Ensure that a national criminal history background check of
8076+20 the following is completed through the state police department
8077+21 under IC 10-13-3-39 before issuing a license:
8078+22 (A) An applicant for a license.
8079+23 (B) An employee or volunteer of an applicant who may be
8080+24 present on the premises of the child care center or child care
8081+25 home during the operating hours of the child care center or
8082+26 child care home.
8083+27 (C) If an applicant is applying for a license to operate a child
8084+28 care home, the following:
8085+29 (i) The applicant's spouse.
8086+30 (ii) The applicant's household members who are at least
8087+31 eighteen (18) years of age or who are less than eighteen (18)
8088+32 years of age but have previously been waived from juvenile
8089+33 court to adult court.
8090+34 (3) Ensure that a national criminal history background check of
8091+35 the following is completed through the state police department
8092+36 under IC 10-13-3-39 before registering a child care ministry:
8093+37 (A) An applicant for a child care ministry registration.
8094+38 (B) An employee or volunteer of an applicant who may be
8095+39 present on the premises of the child care ministry during the
8096+40 operating hours of the child care ministry.
8097+41 (4) Provide for the issuance, denial, suspension, and revocation of
8098+42 licenses.
8099+EH 1050—LS 6050/DI 112 189
8100+1 (5) Cooperate with governing bodies of child care centers and
8101+2 child care homes and their staffs to improve standards of child
8102+3 care.
8103+4 (6) Prepare at least biannually a directory of licensees with a
8104+5 description of the program capacity and type of children served
8105+6 that will be distributed to the legislature, licensees, and other
8106+7 interested parties as a public document.
8107+8 (7) Deposit all license application fees collected under section 2
8108+9 of this chapter in the division of family resources child care fund
8109+10 established by section 3 of this chapter.
8110+11 (8) Require each child care center or child care home to record
8111+12 proof of a child's date of birth before accepting the child. A child's
8112+13 date of birth may be proven by the child's original birth certificate
8113+14 or other reliable proof of the child's date of birth, including a duly
8114+15 attested transcript of a birth certificate.
8115+16 (9) Provide an Internet web site a website through which
8116+17 members of the public may obtain the following information:
8117+18 (A) Information concerning violations of this article by a
8118+19 licensed child care provider, including:
8119+20 (i) the identity of the child care provider;
8120+21 (ii) the date of the violation; and
8121+22 (iii) action taken by the division in response to the violation.
8122+23 (B) Current status of a child care provider's license.
8123+24 (C) Other relevant information.
8124+25 The Internet web site website may not contain the address of a
8125+26 child care home or information identifying an individual child.
8126+27 However, the site website may include the county and ZIP code
8127+28 in which a child care home is located.
8128+29 (10) Provide or approve training concerning safe sleeping
8129+30 practices for children to:
8130+31 (A) a provider who operates a child care program in the
8131+32 provider's home as described in IC 12-17.2-3.5-12.5;
8132+33 (B) a child care home licensed under IC 12-17.2-5;
8133+34 (C) a child care center licensed under IC 12-17.2-4; and
8134+35 (D) a child care ministry registered under IC 12-17.2-6;
8135+36 including practices to reduce the risk of sudden infant death
8136+37 syndrome.
8137+38 SECTION 172. IC 12-17.2-3.5-3.5, AS ADDED BY P.L.134-2024,
8138+39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8139+40 JULY 1, 2025]: Sec. 3.5. A child care provider is eligible to receive a
8140+41 voucher payment if the provider complies with this chapter and meets
8141+42 any of the following:
8142+EH 1050—LS 6050/DI 112 190
8143+1 (1) Does not receive regular compensation.
8144+2 (2) Cares only for children who are related to the provider.
8145+3 (3) Cares for less than eight (8) children, not including children
8146+4 for whom the provider is a parent, stepparent, guardian,
8147+5 custodian, or other relative. or
8148+6 (4) Operates to serve migrant children.
8149+7 SECTION 173. IC 12-17.2-7.2-1, AS AMENDED BY
8150+8 P.L.201-2023, SECTION 138, IS AMENDED TO READ AS
8151+9 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this
8152+10 chapter, "eligible child" refers to an individual who:
8153+11 (1) is at least four (4) years of age and less than five (5) years of
8154+12 age on August 1 of the state fiscal year for which a grant is sought
8155+13 under the prekindergarten pilot program;
8156+14 (2) is a resident of Indiana or otherwise has legal settlement in
8157+15 Indiana, as determined under IC 20-26-11;
8158+16 (3) is a member of a household with an annual income that does
8159+17 not exceed one hundred fifty percent (150%) of the federal
8160+18 poverty level;
8161+19 (4) receives qualified early education services from an eligible
8162+20 provider, as determined by the office;
8163+21 (5) has a parent or guardian who participates in a parental
8164+22 engagement and involvement component provided by the eligible
8165+23 provider;
8166+24 (6) has a parent or guardian who agrees to ensure that the child
8167+25 meets the attendance requirements determined by the office; and
8168+26 (7) meets the requirements under section 7.2(a) and 7.2(c) of this
8169+27 chapter.
8170+28 SECTION 174. IC 12-18-9-13, AS ADDED BY P.L.258-2017,
8171+29 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8172+30 JULY 1, 2025]: Sec. 13. (a) The statewide domestic violence fatality
8173+31 review committee shall submit to the legislative council, the governor,
8174+32 the Indiana criminal justice institute, and the coalition before
8175+33 December 31 of each even-numbered year a report that includes the
8176+34 following information:
8177+35 (1) A summary of the data collected and reviewed by the
8178+36 statewide domestic violence fatality review committee.
8179+37 (2) Trends and patterns that have been identified by the statewide
8180+38 domestic violence fatality review committee concerning deaths
8181+39 due to domestic violence in Indiana.
8182+40 (3) Recommended actions or resources to prevent domestic
8183+41 violence fatalities in Indiana.
8184+42 (b) A report submitted under this section to the legislative council
8185+EH 1050—LS 6050/DI 112 191
8186+1 must be in an electronic format under IC 5-14-6.
8187+2 (c) The statewide domestic violence fatality review committee shall
8188+3 provide a copy of a report submitted under this section to a member of
8189+4 the public upon request.
8190+5 (d) The Indiana criminal justice institute shall make the report
8191+6 available on the Indiana criminal justice institute's Internet web site.
8192+7 website.
8193+8 SECTION 175. IC 12-20-28-4, AS ADDED BY P.L.75-2021,
8194+9 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8195+10 JULY 1, 2025]: Sec. 4. (a) Each township trustee within a county shall
8196+11 collaborate together annually to prepare a written comprehensive list
8197+12 of assistance. The list shall include assistance that is available:
8198+13 (1) to the homeless population for each township; and
8199+14 (2) from both public and known private resources, including
8200+15 township assistance.
8201+16 The list of assistance must provide the address and telephone number
8202+17 of each listed public and private resource.
8203+18 (b) Not later than March 1 of each year, the list prepared under this
8204+19 section shall be:
8205+20 (1) distributed to each city, town, and township within a county;
8206+21 and
8207+22 (2) if the county has an Internet web site, a website, published
8208+23 and maintained on the county's Internet web site. website.
8209+24 SECTION 176. IC 12-21-5-5, AS AMENDED BY P.L.10-2019,
8210+25 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8211+26 JULY 1, 2025]: Sec. 5. (a) The division shall develop a statewide
8212+27 program for suicide prevention.
8213+28 (b) The division shall employ a coordinator of the statewide
8214+29 program for suicide prevention to implement and maintain the
8215+30 statewide program for suicide prevention.
8216+31 (c) The statewide program for suicide prevention must include a
8217+32 state plan for suicide prevention that must address the following:
8218+33 (1) Educational opportunities and activities to increase awareness
8219+34 and knowledge of the public.
8220+35 (2) Training for individuals who may have frequent contact with
8221+36 individuals at risk of suicide on warning signs and tendencies that
8222+37 may evidence that an individual is considering suicide.
8223+38 (3) Materials to increase public awareness of suicide and suicide
8224+39 prevention.
8225+40 (4) Enhancement of crisis services relating to suicide prevention.
8226+41 (5) Assistance for school corporations on suicide awareness and
8227+42 intervention training.
8228+EH 1050—LS 6050/DI 112 192
8229+1 (6) Coordination of county and regional advisory groups to
8230+2 support the statewide program.
8231+3 (7) Coordination with appropriate entities to identify and address
8232+4 barriers in providing services to individuals at risk of suicide.
8233+5 (8) Maintenance of an Internet web site a website containing
8234+6 information and resources related to suicide awareness,
8235+7 prevention, and intervention.
8236+8 (9) Development of recommendations for improved collection of
8237+9 data on suicide and factors related to suicide.
8238+10 (10) Development and submission of proposals for funding from
8239+11 federal agencies or other sources of funding.
8240+12 SECTION 177. IC 13-13-7.1-6, AS AMENDED BY P.L.42-2024,
8241+13 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8242+14 JULY 1, 2025]: Sec. 6. The chairperson of the legislative council shall
8243+15 appoint the chair of the panel from the members appointed under
8244+16 section 2(1) or 2(2) of this chapter. The chair of the panel serves at the
8245+17 pleasure of the chairperson of the legislative council. The panel shall
8246+18 meet at the call of the chairperson. chair of the panel.
8247+19 SECTION 178. IC 14-10-2-2.5, AS AMENDED BY P.L.128-2024,
8248+20 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8249+21 JULY 1, 2025]: Sec. 2.5. (a) A person who is the party in a hearing
8250+22 under this title or IC 4-15-10.5 may move to have the:
8251+23 (1) administrative law judge appointed under IC 4-15-10.5; or
8252+24 (2) administrative law judge appointed under section 2 of this
8253+25 chapter;
8254+26 consolidate multiple proceedings that are subject to the jurisdiction of
8255+27 both the office of administrative law proceedings and the division of
8256+28 hearings.
8257+29 (b) An administrative law judge shall grant the motion made under
8258+30 subsection (a) if the following findings are made:
8259+31 (1) The proceedings include the following:
8260+32 (A) Common questions of law or fact.
8261+33 (B) At least one (1) person, other than the department or the
8262+34 department of environmental management, who is a party to
8263+35 all the proceedings.
8264+36 (C) Issues of water quality, water quantity, or both.
8265+37 (2) Consolidation may support administrative efficiency.
8266+38 (c) If a motion to consolidate proceedings has been granted under
8267+39 subsection (b), the hearing must be conducted by a panel that consists
8268+40 of at least two (2) administrative law judges. The panel is the ultimate
8269+41 authority for matters authorized under IC 4-21.5-7-5 IC 4-15-10.5 and
8270+42 this title. Any party, including the department and the department of
8271+EH 1050—LS 6050/DI 112 193
8272+1 environmental management, may petition an appropriate court for
8273+2 judicial review of a final determination of the panel.
8274+3 (d) The office of administrative law proceedings and the division of
8275+4 hearings shall adopt joint rules to implement this section.
8276+5 SECTION 179. IC 14-12-2-15, AS AMENDED BY P.L.42-2024,
8277+6 SECTION 107, IS AMENDED TO READ AS FOLLOWS
8278+7 [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) As used in this section,
8279+8 "appointing authority" refers to:
8280+9 (1) the governor in the case of a member appointed under section
8281+10 14(b)(7) of this chapter; or
8282+11 (2) the speaker of the house of representatives, the minority leader
8283+12 of the house of representatives, the president pro tempore of the
8284+13 senate, or the minority leader of the senate in the case of a
8285+14 member appointed under section 14(b)(8) of this chapter,
8286+15 whichever is applicable.
8287+16 (b) As used in this section, "member" refers to a member of the
8288+17 project commission appointed under section 14(b)(7) through 14(b)(8)
8289+18 of this chapter.
8290+19 (c) Except as provided in subsection (e), The term of a member
8291+20 begins on the later of the following:
8292+21 (1) The day the term of the member who the individual is
8293+22 appointed to succeed expires.
8294+23 (2) The day the individual is appointed by the appointing
8295+24 authority.
8296+25 (d) A member serves at the pleasure of the appointing authority. The
8297+26 term of a member expires as follows:
8298+27 (1) June 30 of an odd-numbered year for a member appointed
8299+28 under section 14(b)(8) of this chapter.
8300+29 (2) June 30, 2025, and each fourth year thereafter for a member
8301+30 appointed under section 14(b)(7)(C)(i), 14(b)(7)(C)(iii), or
8302+31 14(b)(7)(C)(v) of this chapter.
8303+32 (3) December 31, 2025, and each fourth year thereafter for a
8304+33 member appointed under section 14(b)(7)(C)(ii) or
8305+34 14(b)(7)(C)(iv) of this chapter.
8306+35 (e) The appointing authority may reappoint a member for a new
8307+36 term.
8308+37 (f) The appointing authority shall appoint an individual to fill a
8309+38 vacancy among the members. An individual appointed to fill a vacancy
8310+39 serves for the unexpired term of the individual's predecessor.
8311+40 SECTION 180. IC 14-12-2-17, AS AMENDED BY P.L.42-2024,
8312+41 SECTION 109, IS AMENDED TO READ AS FOLLOWS
8313+42 [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) The project commission
8314+EH 1050—LS 6050/DI 112 194
8315+1 shall meet at least quarterly and at the call of the chairman. chair.
8316+2 (b) The project commission may convene a meeting at any location
8317+3 in Indiana.
8318+4 (c) The project commission shall plan and conduct meetings in a
8319+5 manner that promotes broad public participation and ensures that the
8320+6 views of the members of the public attending the meetings may be
8321+7 fairly presented.
8322+8 (d) The department of natural resources shall provide staff support
8323+9 to the project commission.
8324+10 SECTION 181. IC 14-28-1-22, AS AMENDED BY P.L.105-2024,
8325+11 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8326+12 JULY 1, 2025]: Sec. 22. (a) As used in subsection (b)(1) with respect
8327+13 to a stream, "total length" means the length of the stream, expressed in
8328+14 miles, from the confluence of the stream with the receiving stream to
8329+15 the upstream or headward extremity of the stream, as indicated by the
8330+16 solid or dashed, blue or purple line depicting the stream on the most
8331+17 current edition of the seven and one-half (7 1/2) minute topographic
8332+18 quadrangle map published by the United States Geological Survey,
8333+19 measured along the meanders of the stream as depicted on the map.
8334+20 (b) A person is not required to obtain a permit from the department
8335+21 for the following activities:
8336+22 (1) A reconstruction or maintenance project (as defined in
8337+23 IC 36-9-27) on a stream or an open regulated drain if the total
8338+24 length of the stream or open drain is not more than ten (10) miles.
8339+25 (2) A construction or reconstruction project on a state or county
8340+26 highway bridge in a rural area that crosses a stream having an
8341+27 upstream drainage area of not more than fifty (50) square miles
8342+28 and the relocation of utility lines associated with the construction
8343+29 or reconstruction project if confined to an area not more than one
8344+30 hundred (100) feet from the limits of the highway construction
8345+31 right-of-way.
8346+32 (3) The performance of an activity described in subsection (c)(1)
8347+33 or (c)(2) by a surface coal mining operation that is operated under
8348+34 a permit issued under IC 14-34.
8349+35 (4) Any other activity that is determined by the commission,
8350+36 according to rules adopted under IC 4-22-2, to pose not more than
8351+37 a minimal threat to floodway areas.
8352+38 (5) An activity in a boundary river floodway to which section 26.5
8353+39 of this chapter applies.
8354+40 (6) The activities of a forestry operation that are:
8355+41 (A) conducted in compliance with the Indiana Logging and
8356+42 Forestry Best Management Practices Field Guide published by
8357+EH 1050—LS 6050/DI 112 195
8358+1 the department of natural resources; and
8359+2 (B) confined to a waterway that has a watershed not greater
8360+3 than ten (10) square miles.
8361+4 (7) The removal of a logjam or mass of wood debris that has
8362+5 accumulated in a river or stream, subject to the following
8363+6 conditions:
8364+7 (A) Work must not be within a salmonid stream designated
8365+8 under 327 IAC 2-1.5-5 without the prior written approval of
8366+9 the department's division of fish and wildlife.
8367+10 (B) Work must not be within a natural, scenic, or recreational
8368+11 river or stream designated under 312 IAC 7-2.
8369+12 (C) Except as otherwise provided in Indiana law, the following
8370+13 apply to logs that are crossways in the channel:
8371+14 (i) Free logs must be relocated and removed from the flood
8372+15 plain. A free log includes a log that is still attached to a root
8373+16 system that is no longer in the ground.
8374+17 (ii) Affixed logs must be cut, relocated, and removed from
8375+18 the floodplain. flood plain. An affixed log includes a log
8376+19 that is still attached to a root system that is still in the
8377+20 ground. If the root system is still in the ground, the log must
8378+21 be cut so as to allow the root system to remain in the ground.
8379+22 However, cutting and removing the affixed log is not
8380+23 required if, in the opinion of the individual removing the
8381+24 log, the cutting and removing would create an unreasonable
8382+25 risk of bodily harm to the individual.
8383+26 Logs may be maintained in the floodplain flood plain if
8384+27 properly anchored or otherwise secured so as to resist flotation
8385+28 or dislodging by the flow of water and placement in an area
8386+29 that is not a wetland. Logs must be removed and secured with
8387+30 a minimum of damage to vegetation.
8388+31 (D) Isolated or single logs that are embedded, lodged, or
8389+32 rooted in the channel, and that do not span the channel or
8390+33 cause flow problems, must not be removed unless the logs are
8391+34 either of the following:
8392+35 (i) Associated with or in close proximity to larger
8393+36 obstructions.
8394+37 (ii) Posing a hazard to agriculture, business, navigation, or
8395+38 property.
8396+39 (E) A leaning or severely damaged tree that is in immediate
8397+40 danger of falling into the waterway may be cut and removed.
8398+41 The root system and stump of the tree must be left in place.
8399+42 (F) To the extent practicable, the construction of access roads
8400+EH 1050—LS 6050/DI 112 196
8401+1 must be minimized, and should not result in the elevation of
8402+2 the floodplain. flood plain.
8403+3 (G) To the extent practicable, work should be performed
8404+4 exclusively from one (1) side of a waterway. Crossing the bed
8405+5 of a waterway is prohibited.
8406+6 (H) To prevent the flow of sediment laden water back into the
8407+7 waterway, appropriate sediment control measures must be
8408+8 installed.
8409+9 (I) Within fifteen (15) days, all bare and disturbed areas must
8410+10 be revegetated with a mixture of grasses and legumes. Tall
8411+11 fescue must not be used under this subdivision, except that low
8412+12 endophyte tall fescue may be used in the bottom of the
8413+13 waterway and on side slopes.
8414+14 (J) A logjam or mass of wood debris that is removed from a
8415+15 river or stream may be burned so completely as to eliminate
8416+16 the risk that the resulting ash and remnants will not cause
8417+17 another logjam, unless a local ordinance specifies otherwise.
8418+18 (K) Subject to clause (M), A person removing a logjam or a
8419+19 mass of wood debris from a river or stream under this
8420+20 subdivision without obtaining a permit:
8421+21 (i) may use the means that the person believes to present the
8422+22 lowest risk of physical injury to individuals performing the
8423+23 removal work; and
8424+24 (ii) may, subject to clause (G), use mechanical equipment
8425+25 appropriate to the task of removing the logjam or mass of
8426+26 wood debris.
8427+27 (L) A person removing a logjam or a mass of wood debris
8428+28 from a river or stream under this subdivision must comply
8429+29 with the following:
8430+30 (i) Section 404 of the federal Clean Water Act (33 U.S.C.
8431+31 1344).
8432+32 (ii) IC 13-18-22 (state regulated wetlands).
8433+33 (c) Except for an activity under subsection (b), a person who desires
8434+34 to:
8435+35 (1) erect, make, use, or maintain a structure, an obstruction, a
8436+36 deposit, or an excavation; or
8437+37 (2) suffer or permit a structure, an obstruction, a deposit, or an
8438+38 excavation to be erected, made, used, or maintained;
8439+39 in or on a floodway must file with the director a verified written
8440+40 application for a permit. The permit application must be accompanied
8441+41 by a nonrefundable minimum fee of two hundred dollars ($200).
8442+42 (d) A permit application filed under this section:
8443+EH 1050—LS 6050/DI 112 197
8444+1 (1) must set forth the material facts concerning the structure,
8445+2 obstruction, deposit, or excavation; and
8446+3 (2) must be accompanied by plans and specifications for the
8447+4 structure, obstruction, deposit, or excavation.
8448+5 (e) This subsection does not apply to the state or a county, city, or
8449+6 town. A person who files a permit application under this section must
8450+7 provide:
8451+8 (1) documentation of the person's ownership of the site where the
8452+9 proposed work will be performed; or
8453+10 (2) an affidavit from the owner of the site where the proposed
8454+11 work will be performed expressly authorizing the performance of
8455+12 the proposed work on that site.
8456+13 (f) A person who applies for a permit under this section may file an
8457+14 amendment to the person's permit application. The director may
8458+15 approve a permit application amendment filed under this subsection
8459+16 only if the permit, as amended by the amendment, would meet the
8460+17 requirements of this section.
8461+18 (g) Two (2) or more persons may jointly apply for a permit under
8462+19 this section.
8463+20 (h) A person described in subsection (c) must receive a permit from
8464+21 the director for the work before beginning construction. The director
8465+22 shall issue a permit only if, in the opinion of the director, the applicant
8466+23 has clearly proven that the structure, obstruction, deposit, or excavation
8467+24 will not do any of the following:
8468+25 (1) Adversely affect the efficiency of or unduly restrict the
8469+26 capacity of the floodway.
8470+27 (2) Constitute an unreasonable hazard to the safety of life or
8471+28 property.
8472+29 (3) Result in unreasonably detrimental effects upon fish, wildlife,
8473+30 or botanical resources.
8474+31 (i) In deciding whether to issue a permit under this section, the
8475+32 director shall consider the cumulative effects of the structure,
8476+33 obstruction, deposit, or excavation. The director may incorporate in and
8477+34 make a part of an order of authorization conditions and restrictions that
8478+35 the director considers necessary for the purposes of this chapter.
8479+36 (j) The following apply to a permit issued under this section:
8480+37 (1) Except as provided in subdivisions (2) and (3), a permit is
8481+38 valid for two (2) years after the date of issuance of the permit.
8482+39 (2) A permit issued to:
8483+40 (A) the Indiana department of transportation or a county
8484+41 highway department in connection with a construction project,
8485+42 if there is any federal funding for the project; or
8486+EH 1050—LS 6050/DI 112 198
8487+1 (B) an electric utility for the construction of a power
8488+2 generating facility;
8489+3 is valid for five (5) years from the date of issuance of the permit.
8490+4 (3) A permit issued to a quarrying or aggregate company for the
8491+5 excavation of industrial materials, including:
8492+6 (A) clay and shale;
8493+7 (B) crushed limestone and dolostone;
8494+8 (C) dimension limestone;
8495+9 (D) dimension sandstone;
8496+10 (E) gypsum;
8497+11 (F) peat;
8498+12 (G) construction sand and gravel; and
8499+13 (H) industrial sand;
8500+14 is valid for the duration of the permitted project, subject to
8501+15 periodic compliance evaluations.
8502+16 However, a permit issued under this section expires if construction is
8503+17 not commenced within two (2) years after the permit is issued.
8504+18 (k) The holder of a permit issued under subsection (j)(3) shall notify
8505+19 the commission of the completion of the permitted project within six
8506+20 (6) months after completing the permitted project.
8507+21 (l) The following apply to the renewal of a permit issued under this
8508+22 section:
8509+23 (1) A permit to which subsection (j)(1) applies may be renewed
8510+24 one (1) time for a period not to exceed two (2) additional years.
8511+25 (2) A permit to which subsection (j)(2) applies may be renewed
8512+26 one (1) time for a period not to exceed five (5) additional years.
8513+27 (m) The director shall send a copy of each permit issued under this
8514+28 section to each river basin commission organized under:
8515+29 (1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
8516+30 (2) IC 14-13-9, IC 14-30-1 (before its repeal), or IC 36-7-6
8517+31 (before its repeal);
8518+32 that is affected.
8519+33 (n) The permit holder shall post and maintain a permit issued under
8520+34 this section at the authorized site.
8521+35 (o) For the purposes of this chapter, the lowest floor of a building,
8522+36 including a residence or abode, that is to be constructed or
8523+37 reconstructed in the one hundred (100) year floodplain flood plain of
8524+38 an area protected by a levee that is:
8525+39 (1) inspected; and
8526+40 (2) found to be in good or excellent condition;
8527+41 by the United States Army Corps of Engineers shall not be lower than
8528+42 the one hundred (100) year frequency flood elevation plus one (1) foot.
8529+EH 1050—LS 6050/DI 112 199
8530+1 SECTION 182. IC 16-19-3-4, AS AMENDED BY P.L.93-2024,
8531+2 SECTION 127, IS AMENDED TO READ AS FOLLOWS
8532+3 [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The executive board may, by
8533+4 an affirmative vote of a majority of its members, adopt reasonable rules
8534+5 under IC 4-22-2 on behalf of the state department to protect or to
8535+6 improve the public health in Indiana.
8536+7 (b) The rules may concern but are not limited to the following:
8537+8 (1) Nuisances dangerous to public health.
8538+9 (2) The pollution of any water supply other than where
8539+10 jurisdiction is in the environmental rules board and department of
8540+11 environmental management.
8541+12 (3) The disposition of excremental and sewage matter.
8542+13 (4) The control of fly and mosquito breeding places.
8543+14 (5) The detection, reporting, prevention, and control of diseases
8544+15 that affect public health.
8545+16 (6) The care of maternity and infant cases and the conduct of
8546+17 maternity homes.
8547+18 (7) The production, distribution, and sale of human food.
8548+19 (8) Except as provided in section 4.4 of this chapter, the conduct
8549+20 of camps.
8550+21 (9) Standards of cleanliness of eating facilities for the public.
8551+22 (10) Standards of cleanliness of sanitary facilities offered for
8552+23 public use.
8553+24 (11) The handling, disposal, disinterment, and reburial of dead
8554+25 human bodies.
8555+26 (12) Vital statistics.
8556+27 (13) Sanitary conditions and facilities in public buildings and
8557+28 grounds, including plumbing, drainage, sewage disposal, water
8558+29 supply, lighting, heating, and ventilation, other than where
8559+30 jurisdiction is vested by law in the fire prevention and building
8560+31 safety commission or other state agency.
8561+32 (14) The design, construction, and operation of swimming and
8562+33 wading pools. However, the rules governing swimming and
8563+34 wading pools do not apply to a pool maintained by an individual
8564+35 for the sole use of the individual's household and house guests.
8565+36 (c) The executive board shall adopt reasonable rules to regulate the
8566+37 following:
8567+38 (1) The sanitary operation of tattoo parlors.
8568+39 (2) The sanitary operation of body piercing facilities.
8569+40 (d) The executive board may adopt rules on behalf of the state
8570+41 department for the efficient enforcement of this title, except as
8571+42 otherwise provided. However, fees for inspections relating to weight
8572+EH 1050—LS 6050/DI 112 200
8573+1 weights and measures may not be established by the rules.
8574+2 (e) The executive board may declare that a rule described in
8575+3 subsection (d) is necessary to meet an emergency and adopt the rule
8576+4 under IC 4-22-2.
8577+5 (f) The rules of the state department may not be inconsistent with
8578+6 this title and or any other state law.
8579+7 SECTION 183. IC 16-19-3-27, AS AMENDED BY P.L.160-2024,
8580+8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8581+9 JULY 1, 2025]: Sec. 27. (a) The state department shall:
8582+10 (1) study the use of:
8583+11 (A) recirculation media filters;
8584+12 (B) aeration treatment units;
8585+13 (C) drip irrigation;
8586+14 (D) graveless gravelless trenches; and
8587+15 (E) new technologies;
8588+16 for residential onsite sewage systems that will cause systems to
8589+17 perform satisfactorily as alternatives to currently operating
8590+18 systems that do not perform satisfactorily because of soil
8591+19 characteristics, lot sizes, topographical conditions, or high water
8592+20 tables; and
8593+21 (2) take all actions necessary to develop plans and specifications
8594+22 for use of the technologies listed in subdivision (1) in residential
8595+23 onsite sewage systems.
8596+24 (b) The executive board shall adopt reasonable rules under
8597+25 IC 4-22-2 to:
8598+26 (1) promulgate the plans and specifications developed under
8599+27 subsection (a); and
8600+28 (2) allow for the issuance of operating permits for:
8601+29 (A) residential onsite sewage systems that are installed in
8602+30 compliance with the plans and specifications promulgated
8603+31 under subdivision (1); and
8604+32 (B) onsite residential sewage discharging disposal systems in
8605+33 a county that complies with IC 13-18-12-9.
8606+34 SECTION 184. IC 16-21-8-9, AS ADDED BY P.L.41-2007,
8607+35 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8608+36 JULY 1, 2025]: Sec. 9. (a) Prior to the discharge of a victim from the
8609+37 hospital, a provider shall:
8610+38 (1) require the victim to sign a form that notifies the victim of his
8611+39 or her rights under this chapter;
8612+40 (2) provide a copy of the signed form to the victim; and
8613+41 (3) inform law enforcement that the sample is available.
8614+42 (b) The director of the Indiana criminal justice institute may delay
8615+EH 1050—LS 6050/DI 112 201
8616+1 the implementation of this section until the earlier of the following:
8617+2 (1) A date set by the director.
8618+3 (2) The date funding becomes available by a grant through the
8619+4 criminal justice institute or by an appropriation from the general
8620+5 assembly.
8621+6 If the director of the criminal justice institute delays implementation of
8622+7 this section, the director shall notify the prosecuting attorney of each
8623+8 county of the director's action and when funding become becomes
8624+9 available to implement this section.
8625+10 SECTION 185. IC 16-42-24-4 IS AMENDED TO READ AS
8626+11 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. A neurosurgeon or
8627+12 an orthopedic surgeon may not be subjected to disciplinary action by
8628+13 the medical licensing board of Indiana for administering chymopapain
8629+14 to a patient under the neurosurgeons's neurosurgeon's or orthopedic
8630+15 surgeon's care to treat certain back ailments if the patient has signed the
8631+16 request form described in section 7 of this chapter.
8632+17 SECTION 186. IC 20-21-3-6, AS AMENDED BY P.L.42-2024,
8633+18 SECTION 137, IS AMENDED TO READ AS FOLLOWS
8634+19 [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) At the board's last meeting
8635+20 before July 1 of each year, the board shall elect one (1) member to be
8636+21 chair of the board.
8637+22 (b) The member elected chair of the board serves as chair beginning
8638+23 July 1 after elected by the board.
8639+24 (c) The board may reelect a member as chair of the board.
8640+25 (d) The board shall annually elect one (1) of its members to serve as
8641+26 the secretary for the board.
8642+27 (e) The board shall meet at the call of the chair of the board at least
8643+28 five (5) times during each school year.
8644+29 SECTION 187. IC 20-26-5-11.2, AS ADDED BY P.L.110-2023,
8645+30 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8646+31 JULY 1, 2025]: Sec. 11.2. (a) This section applies to:
8647+32 (1) a school corporation;
8648+33 (2) a charter school;
8649+34 (3) a state accredited nonpublic school; and
8650+35 (4) an entity with which the school corporation, charter school, or
8651+36 state accredited nonpublic school contracts for services;
8652+37 concerning employees of the school corporation, charter school, state
8653+38 accredited nonpublic school, or entity who are likely to have direct,
8654+39 ongoing contact with children within the scope of the employees'
8655+40 employment.
8656+41 (b) Subject to section 10(k) of this chapter and subsection (f), a
8657+42 school corporation, charter school, state accredited nonpublic school,
8658+EH 1050—LS 6050/DI 112 202
8659+1 or entity may not employ or contract with, and shall terminate the
8660+2 employment of or contract with, an individual convicted of any of the
8661+3 following offenses:
8662+4 (1) Murder (IC 35-42-1-1).
8663+5 (2) Causing suicide (IC 35-42-1-2).
8664+6 (3) Assisting suicide (IC 35-42-1-2.5).
8665+7 (4) Voluntary manslaughter (IC 35-42-1-3).
8666+8 (5) Aggravated battery (IC 35-42-2-1.5).
8667+9 (6) Kidnapping (IC 35-42-3-2).
8668+10 (7) A sex offense (as defined in IC 11-8-8-5.2).
8669+11 (8) Carjacking (IC 35-42-5-2) (repealed).
8670+12 (9) Arson (IC 35-43-1-1).
8671+13 (10) Public indecency (IC 35-45-4-1(a)(3), IC 35-45-4-1(a)(4),
8672+14 and IC 35-45-4-1(b)) committed:
8673+15 (A) after June 30, 2003; or
8674+16 (B) before July 1, 2003, if the person committed the offense
8675+17 by, in a public place, engaging in sexual intercourse or other
8676+18 sexual conduct (as defined in IC 35-31.5-2-221.5).
8677+19 (11) Neglect of a dependent as a Class B felony (for a crime
8678+20 committed before July 1, 2014) or a Level 1 felony or Level 3
8679+21 felony (for a crime committed after June 30, 2014) (IC
8680+22 35-46-1-4(b)(2) and IC 35-46-1-4(b)(3)).
8681+23 (12) Child selling (IC 35-46-1-4(d)).
8682+24 (13) An offense relating to material or a performance that is
8683+25 harmful to minors or obscene under IC 35-49-3.
8684+26 If an entity described in subsection (a)(4) obtains information that an
8685+27 individual employed by the entity who works at a particular school
8686+28 corporation, charter school, or state accredited nonpublic school has
8687+29 been convicted of an offense described in this subsection, the entity
8688+30 shall immediately notify the school corporation, charter school, or state
8689+31 accredited nonpublic school of the employee's conviction.
8690+32 (c) After June 30, 2023, a school corporation, charter school, state
8691+33 accredited nonpublic school, or entity may employ or contract with an
8692+34 individual convicted of any of the following offenses if a majority of
8693+35 the members elected or appointed to the governing body of the school
8694+36 corporation, or the equivalent body for a charter school, approves the
8695+37 employment or contract as a separate, special agenda item, or if the
8696+38 school administrator of a state accredited nonpublic school informs the
8697+39 administrator's appointing authority of the hiring:
8698+40 (1) An offense relating to operating a motor vehicle while
8699+41 intoxicated under IC 9-30-5.
8700+42 (2) Reckless homicide (IC 35-42-1-5).
8701+EH 1050—LS 6050/DI 112 203
8702+1 (3) Battery (IC 35-42-2-1).
8703+2 (4) Domestic battery (IC 35-42-2-1.3).
8704+3 (5) Criminal confinement (IC 35-42-3-3).
8705+4 (6) Public indecency (IC 35-45-4-1(a)(1) or IC 35-45-4-1(a)(2))
8706+5 committed:
8707+6 (A) after June 30, 2003; or
8708+7 (B) before July 1, 2003, if the person committed the offense
8709+8 by, in a public place, engaging in sexual intercourse or other
8710+9 sexual conduct (as defined in IC 35-31.5-2-221.5).
8711+10 (7) Contributing to the delinquency of a minor (IC 35-46-1-8).
8712+11 (8) An offense involving a weapon under IC 35-47 or IC 35-47.5.
8713+12 (9) An offense relating to controlled substances under IC 35-48-4,
8714+13 other than an offense involving marijuana or paraphernalia used
8715+14 to consume marijuana.
8716+15 (d) An individual employed by a school corporation, charter school,
8717+16 state accredited nonpublic school, or entity described in subsection (a)
8718+17 shall notify the governing body of the school, if during the course of the
8719+18 individual's employment, the individual:
8720+19 (1) is convicted in Indiana or another jurisdiction of an offense
8721+20 described in subsection (b) or subsection (c); or
8722+21 (2) is the subject of a substantiated report of child abuse or
8723+22 neglect.
8724+23 (e) A school corporation, charter school, state accredited nonpublic
8725+24 school, or entity may use information obtained under section 10 of this
8726+25 chapter concerning an individual being the subject of a substantiated
8727+26 report of child abuse or neglect as grounds to not employ or contract
8728+27 with the individual.
8729+28 (f) A school corporation, charter school, state accredited nonpublic
8730+29 school, or entity is not required to consider whether information
8731+30 concerning an individual's conviction:
8732+31 (1) requires the school or entity to:
8733+32 (A) not employ; or
8734+33 (B) not contract with; or
8735+34 (2) constitutes grounds to terminate the employment of or contract
8736+35 with;
8737+36 an individual under subsection (b) if the individual's conviction is
8738+37 reversed, vacated, or set aside.
8739+38 (g) Nothing in this section prohibits a school corporation, charter
8740+39 school, state accredited nonpublic school, or entity from establishing
8741+40 procedures to verify the accuracy of the information obtained under
8742+41 section 10 of this chapter concerning an individual's conviction.
8743+42 (h) A school corporation, charter school, or state accredited
8744+EH 1050—LS 6050/DI 112 204
8745+1 nonpublic school may not hire or contract with an individual:
8746+2 (1) who is required to wear an ankle monitor as the result of a
8747+3 criminal conviction;
8748+4 (2) who entered into an agreement to settle an allegation of
8749+5 misconduct relating to the health, safety, or well-being of a
8750+6 student at a school corporation, charter school, or state accredited
8751+7 nonpublic school, if the agreement included a nondisclosure
8752+8 agreement covering the alleged misconduct; or
8753+9 (3) who, in an academic environment, engaged in a course of
8754+10 conduct involving repeated or continuing contact with a child that
8755+11 is intended to prepare or condition the child for sexual activity (as
8756+12 defined in IC 35-42-4-13);
8757+13 unless a majority of the members elected or appointed to the governing
8758+14 body of the school corporation, or the equivalent body for a charter
8759+15 school, approves the hire or contract as a separate, special agenda item,
8760+16 or unless the school administrator of a state accredited nonpublic
8761+17 school informs the administrator's appointing authority of the hiring.
8762+18 (i) For purposes of subsection (h), "misconduct relating to the
8763+19 health, safety, or well-being of a student" includes:
8764+20 (1) engaging in a pattern of flirtatious or otherwise inappropriate
8765+21 comments;
8766+22 (2) making any effort to gain unreasonable access to, and time
8767+23 alone with, any student with no discernable discernible
8768+24 educational purpose;
8769+25 (3) engaging in any behavior that can reasonably be construed as
8770+26 involving an inappropriate and overly personal and intimate
8771+27 relationship with, conduct toward, or focus on a student;
8772+28 (4) telling explicit sexual jokes and stories;
8773+29 (5) making sexually related comments;
8774+30 (6) engaging in sexual kidding or teasing;
8775+31 (7) engaging in sexual innuendos or making comments with
8776+32 double entendre;
8777+33 (8) inappropriate physical touching;
8778+34 (9) using spoken, written, or any electronic communication to
8779+35 importune, invite, participate with, or entice a person to expose or
8780+36 touch the person's own or another person's intimate body parts or
8781+37 to observe the student's intimate body parts via any form of
8782+38 computer network or system, any social media platform,
8783+39 telephone network, or data network or by text message or instant
8784+40 messaging;
8785+41 (10) sexual advances or requests for sexual favors;
8786+42 (11) physical or romantic relationship including but not limited to
8787+EH 1050—LS 6050/DI 112 205
8788+1 sexual intercourse or oral sexual intercourse;
8789+2 (12) discussion of one's personal romantic or sexual feelings or
8790+3 activities;
8791+4 (13) discussion, outside of a professional teaching or counseling
8792+5 context endorsed or required by an employing school district, of
8793+6 a student's romantic or sexual feelings or activities;
8794+7 (14) displaying, sharing, or transmitting pornographic or sexually
8795+8 explicit materials;
8796+9 (15) any physical contact that the student previously has indicated
8797+10 is unwelcome, unless such contact is professionally required, such
8798+11 as to teach a sport or other skill, or to protect the safety of the
8799+12 student or others;
8800+13 (16) other than for purposes of addressing student dress code
8801+14 violations or concerns, referencing the physical appearance or
8802+15 clothes of a student in a way that could be interpreted as sexual;
8803+16 and
8804+17 (17) self-disclosure or physical exposure of a sexual, romantic, or
8805+18 erotic nature.
8806+19 SECTION 188. IC 20-26-7.1-4, AS AMENDED BY P.L.36-2024,
8807+20 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8808+21 JULY 1, 2025]: Sec. 4. (a) Not later than thirty (30) days after the date
8809+22 a governing body of a school corporation determines at a public
8810+23 meeting to cease using a covered school building for classroom
8811+24 instruction on student instructional days (as described in IC 20-30-2-2)
8812+25 for a school year as required under IC 20-30-2-3, a school corporation
8813+26 shall provide written notice to the department regarding the date that
8814+27 the covered school building has ceased or will cease being used for
8815+28 classroom instruction as described in this subsection.
8816+29 (b) If the school corporation does not intend to make a covered
8817+30 school building available for lease or purchase in accordance with this
8818+31 chapter, the school corporation shall state in the notice required under
8819+32 subsection (a) the factual and legal basis for the school corporation's
8820+33 contention that the covered school building is not required to be made
8821+34 available under this chapter. Any claim for exclusion from a
8822+35 requirement to make the covered school building available under this
8823+36 chapter which is not stated in the notice under this subsection is
8824+37 waived.
8825+38 (c) If a school corporation does not provide notice to the department
8826+39 under subsection (a), any claim for exclusion from a requirement to
8827+40 make the covered school building available under this chapter is
8828+41 waived.
8829+42 (d) Not later than fifteen (15) days after the date that the department
8830+EH 1050—LS 6050/DI 112 206
8831+1 receives a notice from a school corporation under subsection (a), the
8832+2 department shall provide written notice to all interested persons
8833+3 regarding the notice from the school corporation submitted under
8834+4 subsection (a).
8835+5 (e) If a notice from a school corporation under subsection (a)
8836+6 acknowledges that the covered school building will be made available
8837+7 in accordance with this chapter, the department's notice to interested
8838+8 persons shall provide that any notice of interest by an interested person
8839+9 for the covered school building must be submitted to the department
8840+10 not later than sixty (60) days after the date the interested person
8841+11 receives the department's notice under subsection (d).
8842+12 (f) If a notice from a school corporation under subsection (a)
8843+13 includes a claim that the covered school building will not be made
8844+14 available under this chapter, an interested person may submit to the
8845+15 department, not later than thirty (30) days after the date the interested
8846+16 person receives the notice from the department under subsection (d),
8847+17 a rebuttal to the factual and legal basis for the school corporation's
8848+18 contention that the covered school building is not required to be made
8849+19 available under this chapter.
8850+20 (g) The department shall, not later than sixty (60) days after the date
8851+21 that a rebuttal is due under subsection (f), issue a determination to the
8852+22 school corporation and interested persons as to whether the covered
8853+23 school building must be made available under this chapter. The
8854+24 department shall publish a copy of the department's determination on
8855+25 the department's website.
8856+26 (h) Not later than thirty (30) days after the date that the department
8857+27 issues a determination under subsection (g), a school corporation or
8858+28 interested person may appeal the determination to the state board. An
8859+29 appeal to the state board shall be subject to the procedure described in
8860+30 IC 20-26-11-15(b).
8861+31 (i) Not later than fifteen (15) days after:
8862+32 (1) the time expires for an appeal of to the state board of a
8863+33 department determination under subsection (g) or IC 20-26-7-47
8864+34 that a covered school building be made available; or
8865+35 (2) a determination by the state board that a covered school
8866+36 building is to be made available is issued;
8867+37 the governing body shall take the actions specified by subsection (j). If
8868+38 the governing body fails to take the actions, the department shall
8869+39 request that the attorney general enforce the order under section 9(a)
8870+40 of this chapter.
8871+41 (j) If a covered school building is to be made available, the
8872+42 governing body shall do the following:
8873+EH 1050—LS 6050/DI 112 207
8874+1 (1) Make the covered school building available for inspection by
8875+2 a charter school or state educational institution that notifies the
8876+3 department that it is interested in leasing or purchasing the
8877+4 covered school building.
8878+5 (2) Make the following information available to a charter school
8879+6 or state educational institution described in subdivision (1):
8880+7 (A) Estimates of the operating expenses for the covered school
8881+8 building for the past three (3) years.
8882+9 (B) Written information regarding the condition of the covered
8883+10 school building, including the age of the roof and the HVAC
8884+11 system, and any known conditions which, in the governing
8885+12 body's opinion, require prompt repair or replacement.
8886+13 (C) A legal description of the property.
8887+14 (k) If the governing body fails to take the actions required under
8888+15 subsection (j), a charter school having notified the school corporation
8889+16 of its interest in the covered school building is entitled to an injunction
8890+17 requiring the governing body to take the actions under subsection (j).
8891+18 (l) The school corporation shall lease the covered school building
8892+19 to a charter school or state educational institution for one dollar ($1)
8893+20 per year for as long as the state educational institution uses the covered
8894+21 school building for an academic purpose or the charter school uses the
8895+22 covered school building for classroom instruction, for a term at the
8896+23 state educational institution's or charter school's discretion, or sell the
8897+24 covered school building for one dollar ($1), if the charter school or
8898+25 state educational institution does the following:
8899+26 (1) Within ninety (90) days of receiving the department's notice
8900+27 under subsection (d), a charter school or state educational
8901+28 institution must submit a preliminary request to purchase or lease
8902+29 the covered school building.
8903+30 (2) Subject to subsection (m), within ninety (90) days of receiving
8904+31 the department's notice under subsection (d), a charter school or
8905+32 state educational institution must submit to the school corporation
8906+33 the following information:
8907+34 (A) The name of the charter school or state educational
8908+35 institution that is interested in leasing or purchasing the
8909+36 covered school building.
8910+37 (B) A time frame, which may not exceed three (3) years from
8911+38 the date that the covered school building is to be closed, no
8912+39 longer used, or no longer occupied, in which the:
8913+40 (i) charter school intends to begin providing classroom
8914+41 instruction in the covered school building; or
8915+42 (ii) state educational institution intends to begin using the
8916+EH 1050—LS 6050/DI 112 208
8917+1 covered school building for an academic purpose.
8918+2 (C) A resolution, adopted by the board of the charter school or
8919+3 state educational institution stating that the board of the
8920+4 charter school or state educational institution has determined
8921+5 that, after the charter school or state educational institution has
8922+6 made any necessary repairs or modifications, the covered
8923+7 school building will be sufficient to meet the charter school's
8924+8 or state educational institution's needs and can be operated
8925+9 within the charter school's or state educational institution's
8926+10 budget.
8927+11 (m) If the department does not receive any preliminary requests to
8928+12 purchase or lease a covered school building within the time frame
8929+13 described in subsection (l)(1), the department shall send notification to
8930+14 the school corporation that the department has not received any
8931+15 preliminary requests to purchase or lease the covered school building.
8932+16 Upon receipt of the notification under this subsection, the school
8933+17 corporation may sell or otherwise dispose of the covered school
8934+18 building in accordance with IC 36-1-11, IC 20-25-4-14, and
8935+19 IC 20-26-5-4(a)(7).
8936+20 (n) If only one (1) charter school submits a preliminary request to
8937+21 purchase or lease the covered school building, the department shall
8938+22 notify the school corporation of the identity of the charter school and
8939+23 direct the school corporation to complete a sale or lease to the charter
8940+24 school in accordance with subsection (r). In the event that two (2) or
8941+25 more charter schools submit a preliminary request to purchase or lease
8942+26 a covered school building within the time frame described in
8943+27 subsection (l)(1), the department shall send notification to each
8944+28 interested person and the school corporation that the department has
8945+29 received two (2) or more preliminary requests under this section. An
8946+30 authorizer committee shall be established, with each statewide
8947+31 authorizer that has authorized one (1) or more charter schools
8948+32 appointing a representative, and the committee shall establish the
8949+33 chairperson and procedures for the committee. Within sixty (60) days
8950+34 of receiving notice under this subsection, the committee shall select
8951+35 which charter school may proceed under subsection (r) to purchase or
8952+36 lease the covered school building or determine if two (2) or more
8953+37 charter schools should co-locate within the covered school building.
8954+38 The committee shall base the committee's decision on the following
8955+39 criteria:
8956+40 (1) Preference shall be given to existing charter schools that have
8957+41 a proven track record of student academic performance.
8958+42 (2) If two (2) or more charter schools of proven academic
8959+EH 1050—LS 6050/DI 112 209
8960+1 performance are competing and only one (1) charter school is
8961+2 operating in the county in which the covered school building is
8962+3 located, the charter school in the same county as the covered
8963+4 school building shall be given preference.
8964+5 In the event that the committee determines that two (2) or more charter
8965+6 schools should co-locate in the covered school building, the charter
8966+7 schools have sixty (60) days to submit a memorandum of
8967+8 understanding stating that the charter schools shall be jointly and
8968+9 severally liable for the obligations related to the sale or lease of the
8969+10 covered school building, and specifying how the charter schools will
8970+11 utilize the covered school building and share responsibility for
8971+12 operational, maintenance, and renovation expenses. If the charter
8972+13 schools are unable to agree, the charter schools shall be deemed to have
8973+14 revoked their prior request regarding the lease or sale of the covered
8974+15 school building. The committee shall give notice of the committee's
8975+16 decision to the school corporation and each interested person. A charter
8976+17 school that is not selected by the committee may appeal the decision to
8977+18 the state board not more than thirty (30) days after receipt of the
8978+19 committee's decision. The state board shall issue a final order in the
8979+20 appeal not more than sixty (60) days after receipt of a properly filed
8980+21 appeal. Notice of the appeal and the final order in the appeal must be
8981+22 given to the school corporation.
8982+23 (o) If a charter school does not submit a preliminary request to
8983+24 purchase or lease the covered school building and only one (1) state
8984+25 educational institution submits a preliminary request to purchase or
8985+26 lease the covered school building, the department shall:
8986+27 (1) notify the school corporation of the identity of the state
8987+28 educational institution; and
8988+29 (2) direct the school corporation to complete a sale or lease to the
8989+30 state educational institution in accordance with subsection (r).
8990+31 (p) If one (1) or more state educational institutions submit
8991+32 preliminary requests to purchase or lease a covered school building, a
8992+33 selection committee shall be established consisting of one (1) member
8993+34 appointed by the executive of the largest city or town in the county in
8994+35 which the covered school building is located, one (1) member
8995+36 appointed by the city or town council of the largest city or town in the
8996+37 county in which the covered school building is located, one (1) member
8997+38 appointed by the county commissioners of the county in which the
8998+39 covered school building is located, one (1) member appointed by the
8999+40 county council of the county in which the covered school building is
9000+41 located, and one (1) member appointed by the chamber of commerce
9001+42 of the county in which the covered school building is located.
9002+EH 1050—LS 6050/DI 112 210
9003+1 (q) Not later than sixty (60) days after the date that a member is
9004+2 appointed under subsection (p), the committee shall:
9005+3 (1) select which state educational institution may proceed to
9006+4 purchase or lease the covered school building; or
9007+5 (2) determine whether more than one (1) state educational
9008+6 institution should co-locate within the covered school building.
9009+7 In making the committee's determination, the committee shall give
9010+8 preference to a state educational institution whose proposed use of the
9011+9 covered school building is assessed as having the greatest educational
9012+10 benefit for prekindergarten through grade 12 education. A committee
9013+11 determination under this subsection may not be appealed.
9014+12 (r) A school corporation shall lease the covered school building for
9015+13 one dollar ($1) per year to the charter school or state educational
9016+14 institution for as long as the:
9017+15 (1) charter school uses the covered school building for classroom
9018+16 instruction for any combination of kindergarten through grade 12;
9019+17 or
9020+18 (2) state educational institution uses the covered school building
9021+19 for an academic purpose.
9022+20 The term of the lease shall be established at the charter school's or state
9023+21 educational institution's discretion and include an option for the state
9024+22 educational institution or charter school to purchase the covered school
9025+23 building for one dollar ($1). Alternatively, the school corporation shall
9026+24 sell the covered school building to the charter school or state
9027+25 educational institution for one dollar ($1), if the charter school or state
9028+26 educational institution has met the requirements set forth in subsection
9029+27 (l) and uses the covered school building in the manner prescribed by
9030+28 this subsection. If the charter school or state educational institution
9031+29 selected to lease or purchase the covered school building has met the
9032+30 requirements under subsection (l), the school corporation has not more
9033+31 than ninety (90) days after the date notice of a final unappealable
9034+32 decision is received by the school corporation to complete the lease or
9035+33 sale of the covered school building to the charter school or state
9036+34 educational institution. If the transaction is not completed within ninety
9037+35 (90) days, the department or the selected charter school or state
9038+36 educational institution may, under section 9 of this chapter, request that
9039+37 the attorney general enforce the sale or lease or may file suit to enforce
9040+38 the sale or lease. If a charter school or state educational institution has
9041+39 not met the requirements under subsection (l), the school corporation
9042+40 may sell or otherwise dispose of the covered school building in
9043+41 accordance with IC 36-1-11, IC 20-25-4-14, and IC 20-26-5-4(a)(7).
9044+42 SECTION 189. IC 20-26-12-1, AS AMENDED BY P.L.93-2024,
9045+EH 1050—LS 6050/DI 112 211
9046+1 SECTION 141, AND AS AMENDED BY P.L.136-2024, SECTION
9047+2 41, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
9048+3 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as provided in
9049+4 subsection (b) but notwithstanding any other law, each governing body
9050+5 of a school corporation and each organizer of a charter school shall
9051+6 purchase from a publisher, either individually or through a purchasing
9052+7 cooperative of school corporations, as applicable, the curricular
9053+8 materials selected by the proper local officials, and shall provide at no
9054+9 cost the curricular materials to each student enrolled in the school
9055+10 corporation or charter school. Curricular materials provided to a
9056+11 student under this section remain the property of the governing body of
9057+12 the school corporation or organizer of the charter school.
9058+13 (b) This section does not prohibit a governing body of a school
9059+14 corporation or an organizer of a charter school from assessing and
9060+15 collecting a reasonable fee for lost or significantly damaged curricular
9061+16 materials in accordance with rules established by the state board under
9062+17 subsection (c). Fees collected under this subsection must be deposited
9063+18 in the: separate curricular materials account established under
9064+19 IC 20-40-22-9 for
9065+20 (1) education fund of the school corporation; or
9066+21 (2) education fund of the charter school, or, if the charter school
9067+22 does not have an education fund, the same fund into which state
9068+23 tuition support is deposited for the charter school;
9069+24 in which the student was enrolled at the time the fee was imposed.
9070+25 (c) The state board shall adopt rules under IC 4-22-2 including
9071+26 emergency rules in the manner provided in IC 4-22-2-37.1, to
9072+27 implement this section.
9073+28 SECTION 190. IC 20-26-13-10, AS AMENDED BY P.L.150-2024,
9074+29 SECTION 18, AND AS AMENDED BY P.L.40-2024, SECTION 25,
9075+30 IS CORRECTED AND AMENDED TO READ AS FOLLOWS
9076+31 [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) Except as provided in
9077+32 section 11 of this chapter and subject to IC 20-31-8-4.6 and
9078+33 IC 20-32-4-14, the four (4) year graduation rate for a cohort in a high
9079+34 school is the percentage determined under STEP FIVE of the following
9080+35 formula:
9081+36 STEP ONE: Determine the grade 9 enrollment at the beginning of
9082+37 the reporting year three (3) years before the reporting year for
9083+38 which the graduation rate is being determined.
9084+39 STEP TWO: Add:
9085+40 (A) the number determined under STEP ONE; and
9086+41 (B) the number of students who:
9087+42 (i) have enrolled in the high school after the date on which
9088+EH 1050—LS 6050/DI 112 212
9089+1 the number determined under STEP ONE was determined;
9090+2 and
9091+3 (ii) have the same expected graduation year as the cohort.
9092+4 STEP THREE: Subtract from the sum determined under STEP
9093+5 TWO the number of students who have left the cohort for any of
9094+6 the following reasons:
9095+7 (A) Transfer to another public or nonpublic school.
9096+8 (B) Except as provided in IC 20-33-2-28.6 and subsection (b),
9097+9 removal by the student's parents under IC 20-33-2-28 to
9098+10 provide instruction equivalent to that given in the public
9099+11 schools.
9100+12 (C) Withdrawal because of a long term medical condition or
9101+13 death.
9102+14 (D) Detention by a law enforcement agency or the department
9103+15 of correction.
9104+16 (E) Placement by a court order or the department of child
9105+17 services.
9106+18 (F) Enrollment in a virtual school.
9107+19 (G) Leaving school, if the student attended school in Indiana
9108+20 for less than one (1) school year and the location of the student
9109+21 cannot be determined.
9110+22 (H) Leaving school, if the location of the student cannot be
9111+23 determined and the student has been reported to the Indiana
9112+24 clearinghouse for information on missing children, missing
9113+25 veterans at risk, and missing endangered adults.
9114+26 (I) Withdrawing from school before graduation, if the student
9115+27 is a high ability student (as defined in IC 20-36-1-3) who is a
9116+28 full-time student at an accredited institution of higher
9117+29 education during the semester in which the cohort graduates.
9118+30 (J) Withdrawing from school before graduation pursuant to
9119+31 providing notice of withdrawal under section 17 of this
9120+32 chapter.
9121+33 (K) Participating in the high school equivalency pilot program
9122+34 under IC 20-30-8.5, unless the student fails to successfully
9123+35 complete the high school equivalency pilot program in the two
9124+36 (2) year period. This clause expires June 30, 2024. 2026.
9125+37 STEP FOUR: Determine the result of:
9126+38 (A) the total number of students determined under STEP TWO
9127+39 who have graduated during the current reporting year or a
9128+40 previous reporting year; minus
9129+41 (B) the amount by which the number of students who
9130+42 graduated through a waiver process required under IC 20-32-3
9131+EH 1050—LS 6050/DI 112 213
9132+1 through IC 20-32-5.1 exceeds:
9133+2 (i) nine percent (9%) of the total number of students
9134+3 determined under clause (A) for the 2023-2024 school year;
9135+4 (ii) six percent (6%) of the total number of students
9136+5 determined under clause (A) for the 2024-2025 school year;
9137+6 or
9138+7 (iii) three percent (3%) of the total number of students
9139+8 determined under clause (A) for each school year after June
9140+9 30, 2025.
9141+10 STEP FIVE: Divide:
9142+11 (A) the number determined under STEP FOUR; by
9143+12 (B) the remainder determined under STEP THREE.
9144+13 (b) This subsection applies to a high school in which:
9145+14 (1) for a:
9146+15 (A) cohort of one hundred (100) students or less, at least ten
9147+16 percent (10%) of the students left a particular cohort for a
9148+17 reason described in subsection (a) STEP THREE clause (B);
9149+18 or
9150+19 (B) cohort of more than one hundred (100) students, at least
9151+20 five percent (5%) of the students left a particular cohort for a
9152+21 reason described in subsection (a) STEP THREE clause (B);
9153+22 and
9154+23 (2) the students described in subdivision (1)(A) or (1)(B) are not
9155+24 on track to graduate with their cohort.
9156+25 A high school must submit a request to the state board in a manner
9157+26 prescribed by the state board requesting that the students described in
9158+27 this subsection be included in the subsection (a) STEP THREE
9159+28 calculation. The state board shall review the request and may grant or
9160+29 deny the request. The state board shall deny the request unless the high
9161+30 school demonstrates good cause to justify that the students described
9162+31 in this subsection should be included in the subsection (a) STEP
9163+32 THREE calculation. If the state board denies the request the high
9164+33 school may not subtract the students described in this subsection under
9165+34 subsection (a) STEP THREE.
9166+35 SECTION 191. IC 20-28-5-19.7, AS AMENDED BY P.L.150-2024,
9167+36 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9168+37 JULY 1, 2025]: Sec. 19.7. (a) Not later than July 1, 2024, the state
9169+38 board shall establish and require a literacy endorsement for individuals
9170+39 first licensed after June 30, 2025, to teach a content area involving
9171+40 literacy instruction, including special education, in prekindergarten
9172+41 through grade 5.
9173+42 (b) Except as provided in section 19.8(a) 19.8 of this chapter,
9174+EH 1050—LS 6050/DI 112 214
9175+1 beginning July 1, 2027, the department may not renew a practitioner
9176+2 license or an accomplished practitioner license, or a comparable license
9177+3 under prior rules, issued to an individual who, based on the content
9178+4 area for which the individual is licensed, including special education,
9179+5 provides literacy instruction to students in prekindergarten through
9180+6 grade 5 unless the individual receives a literacy endorsement under this
9181+7 section.
9182+8 (c) To be eligible to receive a literacy endorsement, an individual
9183+9 must meet the following:
9184+10 (1) Complete eighty (80) hours of evidence based professional
9185+11 development that is:
9186+12 (A) aligned to the science of reading;
9187+13 (B) provided by an organization that is:
9188+14 (i) accredited by the International Dyslexia Association; or
9189+15 (ii) aligned with Knowledge and Practice Standards for
9190+16 Teachers of Reading (KPS) as determined by the
9191+17 department; or
9192+18 (C) approved by the department.
9193+19 (2) Demonstrate proficiency in scientifically based reading
9194+20 instruction skills aligned to the science of reading on a written
9195+21 examination or through other procedures prescribed by the
9196+22 department in accordance with this section.
9197+23 (d) The eighty (80) hours of evidence based professional
9198+24 development required under subsection (c)(1) must provide
9199+25 individualized and on demand support. The evidence based
9200+26 professional development required under subsection (c)(1) must:
9201+27 (1) promote explicit, systematic, and cumulative instruction as the
9202+28 primary approach to literacy instruction;
9203+29 (2) align with both word recognition and language
9204+30 comprehension;
9205+31 (3) promote an understanding of how language, reading, and
9206+32 writing relate to each other;
9207+33 (4) promote strategies for differentiated instruction for:
9208+34 (A) students with:
9209+35 (i) reading difficulties; or
9210+36 (ii) disabilities; and
9211+37 (B) English language learners;
9212+38 (5) focus on phonemic awareness, phonics, fluency, vocabulary,
9213+39 and comprehension; and
9214+40 (6) allow participants to implement the strategies into a classroom
9215+41 environment with the opportunity for feedback throughout the
9216+42 professional development experience.
9217+EH 1050—LS 6050/DI 112 215
9218+1 (e) The written examination required under subsection (c)(2) shall
9219+2 ensure the individual demonstrates the ability to:
9220+3 (1) effectively teach foundational reading skills, phonemic
9221+4 awareness, phonics, fluency, vocabulary, and comprehension;
9222+5 (2) implement reading instruction using high quality instructional
9223+6 materials aligned to the science of reading; and
9224+7 (3) provide effective instruction and interventions for students
9225+8 with reading deficiencies.
9226+9 (f) The department shall approve and provide the evidence based
9227+10 professional development necessary for an individual to receive a
9228+11 literacy endorsement under this section.
9229+12 (g) The department shall establish the procedure for an existing
9230+13 teacher to add the literacy endorsement established under this section
9231+14 to the teacher's license.
9232+15 (h) The state board shall adopt rules under IC 4-22-2 to do the
9233+16 following:
9234+17 (1) Adopt, validate, and implement the examination or other
9235+18 procedures required by subsection (c)(2).
9236+19 (2) Establish examination scores indicating proficiency.
9237+20 (3) Otherwise carry out the purposes of this section.
9238+21 SECTION 192. IC 20-28-9-28, AS AMENDED BY P.L.150-2024,
9239+22 SECTION 26, AND AS AMENDED BY P.L.136-2024, SECTION 43,
9240+23 IS CORRECTED AND AMENDED TO READ AS FOLLOWS
9241+24 [EFFECTIVE JULY 1, 2025]: Sec. 28. (a) Subject to subsection (g),
9242+25 (c), for each school year in a state fiscal year beginning after June 30,
9243+26 2023, a school corporation shall expend an amount for teacher
9244+27 compensation that is not less than an amount equal to sixty-two percent
9245+28 (62%) of the state tuition support, other than the state tuition support
9246+29 described in subsection (b), distributed to the school corporation during
9247+30 the state fiscal year. For purposes of determining whether a school
9248+31 corporation has complied with this requirement, the amount a school
9249+32 corporation expends for teacher compensation shall include the amount
9250+33 the school corporation expends for adjunct teachers, supplemental pay
9251+34 for teachers, stipends, and for participating in a special education
9252+35 cooperative or an interlocal agreement or consortium that is directly
9253+36 attributable to the compensation of teachers employed by the
9254+37 cooperative or interlocal agreement or consortium. The amount a
9255+38 school corporation expends on teacher compensation shall also
9256+39 include the amount the school corporation expends on dropout
9257+40 recovery educational services for an at-risk student enrolled in the
9258+41 school corporation provided by an agreement with an eligible school
9259+42 that is directly attributable to the compensation of teachers employed
9260+EH 1050—LS 6050/DI 112 216
9261+1 by the eligible school. Teacher benefits include all benefit categories
9262+2 collected by the department for Form 9 purposes.
9263+3 (b) If a school corporation determines that the school corporation
9264+4 cannot comply with the requirement under subsection (a) for a
9265+5 particular school year, the school corporation shall apply for a waiver
9266+6 from the department.
9267+7 (c) The waiver application must include an explanation of the
9268+8 financial challenges, with detailed data, that preclude the school
9269+9 corporation from meeting the requirement under subsection (a) and
9270+10 describe the cost saving measures taken by the school corporation in
9271+11 attempting to meet the requirement in subsection (a). The waiver may
9272+12 also include an explanation of an innovative or efficient approach in
9273+13 delivering instruction that is responsible for the school corporation
9274+14 being unable to meet the requirement under subsection (a).
9275+15 (d) If, after review, the department determines that the school
9276+16 corporation has exhausted all reasonable efforts in attempting to meet
9277+17 the requirement in subsection (a), the department may grant the school
9278+18 corporation a one (1) year exception from the requirement.
9279+19 (e) A school corporation that receives a waiver under this section
9280+20 shall work with the department to develop a plan to identify additional
9281+21 cost saving measures and any other steps that may be taken to allow
9282+22 the school corporation to meet the requirement under subsection (a).
9283+23 (f) A school corporation may not receive more than three (3)
9284+24 waivers under this section.
9285+25 (b) State tuition support distributed to a school corporation for
9286+26 students enrolled in the school corporation who are receiving one
9287+27 hundred percent (100%) virtual instruction from a teacher employed
9288+28 by a third party provider with whom the school corporation has
9289+29 contracted is not included as state tuition support distributed to the
9290+30 school corporation for purposes of subsection (a).
9291+31 (g) (c) For purposes of determining whether a school corporation
9292+32 has complied with the requirement in subsection (a), distributions from
9293+33 the curricular materials fund established by IC 20-40-22-5 that are
9294+34 deposited in a school corporation's education fund in a state fiscal
9295+35 year are not considered to be state tuition support distributed to the
9296+36 school corporation during the state fiscal year.
9297+37 (c) (h) (d) Before November 1, 2022, and before November 1 of
9298+38 each year thereafter, the department shall submit a report to the
9299+39 legislative council in an electronic format under IC 5-14-6 and the state
9300+40 budget committee that contains information as to:
9301+41 (1) the percent and amount that each school corporation expended
9302+42 and the statewide total expended for teacher compensation;
9303+EH 1050—LS 6050/DI 112 217
9304+1 (2) the percent and amount that each school corporation expended
9305+2 and statewide total expended for teacher benefits, including
9306+3 health, dental, life insurance, and pension benefits; and
9307+4 (3) whether the school corporation met the requirement set forth
9308+5 in subsection (a). and
9309+6 (4) whether the school corporation received a waiver under
9310+7 subsection (d).
9311+8 (d) (e) The department shall publish the report described in
9312+9 subsection (c) (d) on the department's website.
9313+10 (e) (f) Beginning after June 30, 2024, for each state fiscal year that
9314+11 a school corporation fails to expend the amount for teacher
9315+12 compensation as required under subsection (a), the department shall
9316+13 submit in both a written and an electronic format a notice to the school
9317+14 corporation's:
9318+15 (1) superintendent;
9319+16 (2) school business officer; and
9320+17 (3) governing body;
9321+18 that the school corporation failed to meet the requirements set forth in
9322+19 subsection (a) for the applicable state fiscal year.
9323+20 (f) (g) If a school corporation's governing body receives a notice
9324+21 from the department under subsection (e), (f), the school corporation
9325+22 shall do the following:
9326+23 (1) Publicly acknowledge receipt of the notice from the
9327+24 department at the governing body's next public meeting.
9328+25 (2) Enter into the governing body's official minutes for the
9329+26 meeting described in subdivision (1) acknowledgment of the
9330+27 notice.
9331+28 (3) Not later than thirty (30) days after the meeting described in
9332+29 subdivision (1), publish on the school corporation's website:
9333+30 (A) the department's notice; and
9334+31 (B) any relevant individual reports prepared by the
9335+32 department.
9336+33 (g) (h) If the department determines a school corporation that
9337+34 received one (1) or more notices from the department under subsection
9338+35 (e) (f) has met the expenditure requirements required under subsection
9339+36 (a) for a subsequent state fiscal year, the school corporation may
9340+37 remove from the school corporation's website any:
9341+38 (1) notices the school corporation received under subsection (e);
9342+39 (f); and
9343+40 (2) relevant individual reports prepared by the department under
9344+41 subsection (f)(3). (g)(3).
9345+42 SECTION 193. IC 20-32-8.5-2, AS AMENDED BY P.L.5-2024,
9346+EH 1050—LS 6050/DI 112 218
9347+1 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9348+2 JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b), the
9349+3 plan required by this chapter must include the following:
9350+4 (1) Reading skill standards for grade 1 through grade 3.
9351+5 (2) A method for making determinant evaluations by grade 3 that
9352+6 remedial action is required for a student, including:
9353+7 (A) beginning with evaluations administered during the
9354+8 2024-2025 school year, and except as provided in subsection
9355+9 (c), retention of the student in grade 3 if the student has not
9356+10 achieved a passing score on the determinant evaluation of
9357+11 reading skills approved by the state board after the student has
9358+12 had an opportunity to retake the determinant evaluation in the
9359+13 summer; and
9360+14 (B) the use of curricular materials and supplemental materials
9361+15 aligned to the science of reading that are designed to address
9362+16 deficiencies in reading;
9363+17 after other methods of remediation have been evaluated or used,
9364+18 or both, if reading skills are below the standard. Appropriate
9365+19 consultation with parents or guardians must be part of the plan.
9366+20 (3) A requirement that schools notify a student's parent of the
9367+21 following:
9368+22 (A) The student's assessment results regarding skill level in:
9369+23 (i) phonemic awareness;
9370+24 (ii) phonics;
9371+25 (iii) fluency;
9372+26 (iv) vocabulary; and
9373+27 (v) comprehension.
9374+28 (B) The student's assessment results on the determinant
9375+29 evaluation of reading skills approved by the state board.
9376+30 (C) Any intervention provided to the student or any remedial
9377+31 action taken.
9378+32 (4) A requirement that schools monitor the progress of students
9379+33 who failed to achieve a valid passing score on the:
9380+34 (A) determinant evaluation of reading skills approved by the
9381+35 state board; or
9382+36 (B) statewide assessment program test.
9383+37 (5) A requirement that schools provide reading instruction that
9384+38 includes a core reading program aligned with the science of
9385+39 reading to all students in kindergarten through grade 8.
9386+40 (6) A requirement for the administration of the determinant
9387+41 evaluation of reading skills approved by the state board to
9388+42 students in grade 2.
9389+EH 1050—LS 6050/DI 112 219
9390+1 (7) A requirement that all students take the determinant
9391+2 evaluation of reading skills approved by the state board until the
9392+3 student:
9393+4 (A) receives a passing score, regardless of the student's grade
9394+5 level; or
9395+6 (B) enters grade 7.
9396+7 (8) A requirement that a school report the following to the
9397+8 department:
9398+9 (A) The literacy interventions that will be used for students in
9399+10 grade 2 who are at risk of not being reading proficient and
9400+11 students in grade 3 who do not achieve a valid passing score
9401+12 on the determinant evaluation of reading skills approved by
9402+13 the state board.
9403+14 (B) The literacy interventions in use before the adoption of the
9404+15 plan for students in grade 2 who are at risk of not being
9405+16 reading proficient and students in grade 3 who do not achieve
9406+17 a valid passing score on the determinant evaluation of reading
9407+18 skills approved by the state board.
9408+19 (C) The literacy interventions in use before the adoption of the
9409+20 plan for students who do not achieve a valid passing score on
9410+21 the determinant evaluation of reading skills approved by the
9411+22 state board.
9412+23 (D) The number of students being served by the interventions
9413+24 described in clauses (B) and (C).
9414+25 (E) The cost of providing the interventions described in
9415+26 clauses (B) and (C).
9416+27 (F) Any other information requested by the department.
9417+28 (9) Requirements for a school in which fewer than seventy
9418+29 percent (70%) of students of the school achieved a valid passing
9419+30 score on the determinant evaluation of reading skills approved by
9420+31 the state board that must include the following:
9421+32 (A) Use of curriculum that is:
9422+33 (i) based on the science of reading; and
9423+34 (ii) approved by the department.
9424+35 (B) Employment of the following:
9425+36 (i) Before July 1, 2025, an instructional coach who is trained
9426+37 in the science of reading, as determined by the department.
9427+38 This item expires January 1, 2026.
9428+39 (ii) After June 30, 2025, an instructional coach with a
9429+40 literacy related endorsement who is trained in the science of
9430+41 reading.
9431+42 (C) Use of only benchmark, formative, interim, or similar
9432+EH 1050—LS 6050/DI 112 220
9433+1 assessments that:
9434+2 (i) show alignment with Indiana's academic standards; and
9435+3 (ii) are approved by the department.
9436+4 (D) Use of a screener procured under IC 20-32-5.1-17(j).
9437+5 (10) The fiscal impact of each component of the plan, if any. In
9438+6 determining whether a component has a fiscal impact,
9439+7 consideration shall be given to whether the component will
9440+8 increase costs to the state or a school corporation or require the
9441+9 state or school corporation to reallocate resources.
9442+10 (b) A school may receive a waiver of the requirements provided in
9443+11 511 IAC 6.2-3.1-4(a)(2) if the state board approves an alternative
9444+12 reading plan provided by the school.
9445+13 (c) A student who would otherwise be subject to retention in grade
9446+14 3 under the plan is not subject to the retention requirement only if the
9447+15 student meets one (1) of the following criteria:
9448+16 (1) The student was subject to retention and has been retained in
9449+17 grade 3 for one (1) school year.
9450+18 (2) The student has an intellectual disability or the student's
9451+19 individualized education program specifies that retention is not
9452+20 appropriate, and the student's case conference committee has
9453+21 determined that promotion to another grade is appropriate.
9454+22 (3) The student is an English learner who has received services
9455+23 for fewer than two (2) years and a committee consisting of:
9456+24 (A) the student's parent;
9457+25 (B) a building level administrator or designee;
9458+26 (C) a classroom teacher of service;
9459+27 (D) an English learner teacher of record, if one exists; and
9460+28 (E) an English learner district administrator, if one exists;
9461+29 determines that promotion is appropriate based on the
9462+30 implementation of research based instructional practices outlined
9463+31 in the student's individual learning plan.
9464+32 (4) The student received a score of proficient or above proficient
9465+33 in grade 3 math on the statewide summative assessment.
9466+34 (5) The student:
9467+35 (A) has received intensive intervention as determined by the
9468+36 department in reading for two (2) or more years; and
9469+37 (B) was retained more than one (1) time throughout
9470+38 kindergarten, grade 1, or grade 2.
9471+39 (d) A student who is not subject to the retention requirement as
9472+40 provided under subsection (c) must be provided with additional
9473+41 reading instruction that is aligned with the science of reading until the
9474+42 student achieves a passing score on the determinant evaluation of
9475+EH 1050—LS 6050/DI 112 221
9476+1 reading skills approved by the state board.
9477+2 (e) This subsection applies after June 30, 2024. Before October 1 of
9478+3 each school year, the department shall:
9479+4 (1) identify each incoming student (as defined in section 0.7 of
9480+5 this chapter) enrolled in kindergarten in a school in Indiana; and
9481+6 (2) notify the parent or guardian of the student of the retention
9482+7 requirement under this chapter for grade 3 students who do not
9483+8 achieve a passing score on the Indiana reading evaluation and
9484+9 determination (IRead3).
9485+10 (f) The department shall establish a standard reporting process and
9486+11 reporting window for schools to report students who qualify for an
9487+12 exemption under subsection (c).
9488+13 SECTION 194. IC 20-33-5-15, AS ADDED BY P.L.9-2009,
9489+14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9490+15 JULY 1, 2025]: Sec. 15. (a) Each school corporation shall provide each
9491+16 student who applies for free or reduced priced price lunches under the
9492+17 national school lunch program with an enrollment form for the
9493+18 twenty-first century scholars program under IC 21-12-6.
9494+19 (b) The department shall provide each school corporation with
9495+20 sufficient application forms under this section.
9496+21 (c) Each school shall give assistance in reading the instructions and
9497+22 completing the enrollment forms for the twenty-first century scholars
9498+23 program.
9499+24 SECTION 195. IC 20-46-1-8, AS AMENDED BY P.L.162-2024,
9500+25 SECTION 25, AND AS AMENDED BY P.L.104-2024, SECTION 51,
9501+26 IS CORRECTED AND AMENDED TO READ AS FOLLOWS
9502+27 [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) Subject to subsections (e), (f),
9503+28 and (g) and this chapter, the governing body of a school corporation
9504+29 may adopt a resolution to place a referendum under this chapter on the
9505+30 ballot for any of the following purposes:
9506+31 (1) The governing body of the school corporation determines that
9507+32 it cannot, in a calendar year, carry out its public educational duty
9508+33 unless it imposes a referendum tax levy under this chapter.
9509+34 (2) The governing body of the school corporation determines that
9510+35 a referendum tax levy under this chapter should be imposed to
9511+36 replace property tax revenue that the school corporation will not
9512+37 receive because of the application of the credit under
9513+38 IC 6-1.1-20.6.
9514+39 (3) Except for resolutions described in subsection (b), the
9515+40 governing body makes the determination required under
9516+41 subdivision (1) or (2) and determines to share a portion of the
9517+42 referendum proceeds with a charter school, excluding a virtual
9518+EH 1050—LS 6050/DI 112 222
9519+1 charter school, in the manner prescribed in subsection (e).
9520+2 (b) A resolution for a referendum for a county described in section
9521+3 21 of this chapter that is adopted after May 10, 2023, shall specify that
9522+4 a portion of the proceeds collected from the proposed levy will be
9523+5 distributed to applicable charter schools in the manner described under
9524+6 section 21 of this chapter.
9525+7 (c) The governing body of the school corporation shall certify a
9526+8 copy of the resolution to place a referendum on the ballot to the
9527+9 following:
9528+10 (1) The department of local government finance, including:
9529+11 (A) the language for the question required by section 10 of this
9530+12 chapter, or in the case of a resolution to extend a referendum
9531+13 levy certified to the department of local government finance
9532+14 after March 15, 2016, section 10.1 of this chapter; and
9533+15 (B) a copy of the revenue spending plan adopted under
9534+16 subsection (g).
9535+17 The language of the public question must include the estimated
9536+18 average percentage increases certified by the county auditor under
9537+19 section 10(e) or 10.1(f) of this chapter, as applicable. The
9538+20 governing body of the school corporation shall also provide the
9539+21 county auditor's certification described in section 10(e) or 10.1(f)
9540+22 of this chapter, as applicable. The department of local government
9541+23 finance shall post the values certified by the county auditor to the
9542+24 department's website. The department shall review the language
9543+25 for compliance with section 10 or 10.1 of this chapter, whichever
9544+26 is applicable, and either approve or reject the language. The
9545+27 department shall send its decision to the governing body of the
9546+28 school corporation not more than ten (10) days after both the
9547+29 certification of the county auditor described in section 10(e) or
9548+30 10.1(f) of this chapter, as applicable, and the resolution is are
9549+31 submitted to the department. If the language is approved, the
9550+32 governing body of the school corporation shall certify a copy of
9551+33 the resolution, including the language for the question and the
9552+34 department's approval.
9553+35 (2) The county fiscal body of each county in which the school
9554+36 corporation is located (for informational purposes only).
9555+37 (3) The circuit court clerk of each county in which the school
9556+38 corporation is located.
9557+39 (d) If a school safety referendum tax levy under IC 20-46-9 has been
9558+40 approved by the voters in a school corporation at any time in the
9559+41 previous three (3) years, the school corporation may not:
9560+42 (1) adopt a resolution to place a referendum under this chapter on
9561+EH 1050—LS 6050/DI 112 223
9562+1 the ballot; or
9563+2 (2) otherwise place a referendum under this chapter on the ballot.
9564+3 (e) Except as provided in section 21 of this chapter, the resolution
9565+4 described in subsection (a) must indicate whether proceeds in the
9566+5 school corporation's education fund collected from a tax levy under this
9567+6 chapter will be used to provide a distribution to a charter school or
9568+7 charter schools, excluding a virtual charter school, under IC 20-40-3-5
9569+8 as well as the amount that will be distributed to the particular charter
9570+9 school or charter schools. A school corporation may request from the
9571+10 designated charter school or charter schools any financial
9572+11 documentation necessary to demonstrate the financial need of the
9573+12 charter school or charter schools. Distribution to a charter school of
9574+13 proceeds from a referendum held before May 10, 2023, does not
9575+14 provide exemption from this chapter.
9576+15 (f) This subsection applies to a resolution described in subsection
9577+16 (a) for a county described in section 21(a) of this chapter that is
9578+17 adopted after May 10, 2023. The resolution described in subsection (a)
9579+18 shall include a projection of the amount that the school corporation
9580+19 expects to be distributed to a particular charter school, excluding
9581+20 virtual charter schools or adult high schools, under section 21 of this
9582+21 chapter if the charter school voluntarily elects to participate in the
9583+22 referendum in the manner described in subsection (i). At least sixty
9584+23 (60) days before the resolution described in subsection (a) is voted on
9585+24 by the governing body, the school corporation shall contact the
9586+25 department to determine the number of students in kindergarten
9587+26 through grade 12 who have legal settlement in the school corporation
9588+27 but attend a charter school, excluding virtual charter schools or adult
9589+28 high schools, and who receive not more than fifty percent (50%) virtual
9590+29 instruction. The department shall provide the school corporation with
9591+30 the number of students with legal settlement in the school corporation
9592+31 who attend a charter school and who receive not more than fifty percent
9593+32 (50%) virtual instruction, which shall be disaggregated for each
9594+33 particular charter school, excluding a virtual charter school or adult
9595+34 high school. The projection may include an expected increase in
9596+35 charter schools during the term the levy is imposed under this chapter.
9597+36 The department of local government finance shall prescribe the manner
9598+37 in which the projection shall be calculated. The governing body shall
9599+38 take into consideration the projection when adopting the revenue
9600+39 spending plan under subsection (g).
9601+40 (g) As part of the resolution described in subsection (a), the
9602+41 governing body of the school corporation shall adopt a revenue
9603+42 spending plan for the proposed referendum tax levy that includes:
9604+EH 1050—LS 6050/DI 112 224
9605+1 (1) an estimate of the amount of annual revenue expected to be
9606+2 collected if a levy is imposed under this chapter;
9607+3 (2) the specific purposes for which the revenue collected from a
9608+4 levy imposed under this chapter will be used;
9609+5 (3) an estimate of the annual dollar amounts that will be expended
9610+6 for each purpose described in subdivision (2); and
9611+7 (4) for a resolution for a referendum that is adopted after May 10,
9612+8 2023, for a county described in section 21(a) of this chapter, the
9613+9 projected revenue that shall be distributed to charter schools as
9614+10 provided in subsections (f) and (i). The revenue spending plan
9615+11 shall also take into consideration deviations in the proposed
9616+12 revenue spending plan if the actual charter school distributions
9617+13 exceed or are lower than the projected charter school distributions
9618+14 described in subsection (f). The resolution shall include for each
9619+15 charter school that elects to participate under subsection (i)
9620+16 information described in subdivisions (1) through (3).
9621+17 (h) A school corporation shall specify in its proposed budget the
9622+18 school corporation's revenue spending plan adopted under subsection
9623+19 (g) and annually present the revenue spending plan at its public hearing
9624+20 on the proposed budget under IC 6-1.1-17-3.
9625+21 (i) This subsection applies to a resolution described in subsection
9626+22 (a) for a county described in section 21(a) of this chapter that is
9627+23 adopted after May 10, 2023. At least forty-five (45) days before the
9628+24 resolution described in subsection (a) is voted on by the governing
9629+25 body, the school corporation shall contact each charter school,
9630+26 excluding virtual charter schools or adult high schools, disclosed by the
9631+27 department to the school corporation under subsection (f) to determine
9632+28 whether the charter school will participate in the referendum. The
9633+29 notice must include the total amount of the school corporation's
9634+30 expected need, the corresponding estimate for that amount divided by
9635+31 the number of students enrolled in the school corporation, and the date
9636+32 on which the governing body of the school corporation will vote on the
9637+33 resolution. The charter school must respond in writing to the school
9638+34 corporation, which may be by electronic mail addressed to the
9639+35 superintendent of the school corporation, at least fifteen (15) days
9640+36 prior to the date that the resolution described in subsection (a) is to be
9641+37 voted on by the governing body. If the charter school elects to not
9642+38 participate in the referendum, the school corporation may exclude
9643+39 distributions to the charter school under section 21 of this chapter and
9644+40 from the projection described in subsection (f). If the charter school
9645+41 elects to participate in the referendum, the charter school may receive
9646+42 distributions under section 21 of this chapter and must be included in
9647+EH 1050—LS 6050/DI 112 225
9648+1 the projection described in subsection (f). In addition, a charter school
9649+2 that elects to participate in the referendum under this subsection shall
9650+3 contribute a proportionate share of the cost to conduct the referendum
9651+4 based on the total combined ADM of the school corporation and any
9652+5 participating charter schools.
9653+6 (j) This subsection applies to a resolution described in subsection
9654+7 (a) for a county described in section 21(a) of this chapter that is
9655+8 adopted after May 10, 2023. At least thirty (30) days before the
9656+9 resolution described in subsection (a) referendum submitted to the
9657+10 voters under this chapter is voted on by the governing body, public in
9658+11 a primary or general election, the school corporation that is pursuing
9659+12 the resolution referendum and any charter school that has elected to
9660+13 participate under subsection (i) shall post a referendum disclosure
9661+14 statement on each school's respective website that contains the
9662+15 following information:
9663+16 (1) The salaries of all employees employed by position within the
9664+17 school corporation or charter school listed from highest salary to
9665+18 lowest salary and a link to Gateway Indiana for access to
9666+19 individual salaries.
9667+20 (2) An acknowledgment that the school corporation or charter
9668+21 school is not committing any crime described in IC 35-44.1-1.
9669+22 (3) A link to the school corporation's or charter school's most
9670+23 recent state board of accounts audit on the state board of accounts'
9671+24 website.
9672+25 (4) The current enrollment of the school corporation or charter
9673+26 school disaggregated by student group and race.
9674+27 (5) The school corporation's or charter school's high school
9675+28 graduation rate.
9676+29 (6) The school corporation's or charter school's annual retention
9677+30 rate for teachers for the previous five (5) years.
9678+31 SECTION 196. IC 20-46-9-6, AS AMENDED BY P.L.162-2024,
9679+32 SECTION 26, AND AS AMENDED BY P.L.156-2024, SECTION 30,
9680+33 IS CORRECTED AND AMENDED TO READ AS FOLLOWS
9681+34 [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) Subject to this chapter, the
9682+35 governing body of a school corporation may adopt a resolution to place
9683+36 a referendum under this chapter on the ballot if the governing body of
9684+37 the school corporation determines that a referendum levy should be
9685+38 imposed for measures to improve school safety as described in
9686+39 IC 20-40-20-6(a) or IC 20-40-20-6(b).
9687+40 (b) Except as provided in section 22 of this chapter, a school
9688+41 corporation may, with the approval of the majority of members of the
9689+42 governing body, distribute a portion of the proceeds of a tax levy
9690+EH 1050—LS 6050/DI 112 226
9691+1 collected under this chapter that is deposited in the fund to a charter
9692+2 school, excluding a virtual charter school, that is located within the
9693+3 attendance area of the school corporation, to be used by the charter
9694+4 school for the purposes described in IC 20-40-20-6(a).
9695+5 (c) This subsection applies to a resolution described in subsection
9696+6 (a) that is adopted after May 10, 2023, in a county described in section
9697+7 22(a) of this chapter. A resolution shall specify that a portion of the
9698+8 proceeds of the proposed levy will be distributed to applicable charter
9699+9 schools in the manner described under section 22 of this chapter if the
9700+10 charter school voluntarily elects to participate in the referendum in the
9701+11 manner described in subsection (i).
9702+12 (d) This subsection applies to a resolution described in subsection
9703+13 (a) that is adopted after May 10, 2023, in a county described in section
9704+14 22(a) of this chapter. The resolution described in subsection (a) shall
9705+15 include a projection of the amount that the school corporation expects
9706+16 to be distributed to a particular charter school, excluding virtual charter
9707+17 schools or adult high schools, under section 22 of this chapter that
9708+18 elects to participate in the referendum under subsection (i). At least
9709+19 sixty (60) days before the resolution described in subsection (a) is
9710+20 voted on by the governing body, the school corporation shall contact
9711+21 the department to determine the number of students in kindergarten
9712+22 through grade 12 who have legal settlement in the school corporation
9713+23 but attend a charter school, excluding virtual charter schools or adult
9714+24 high schools, and who receive not more than fifty percent (50%) virtual
9715+25 instruction. The department shall provide the school corporation with
9716+26 the number of students with legal settlement in the school corporation
9717+27 who attend a charter school, which shall be disaggregated for each
9718+28 particular charter school, excluding a virtual charter school or adult
9719+29 high school. The projection may include an expected increase in
9720+30 charter schools during the term the levy is imposed. The department of
9721+31 local government finance shall prescribe the manner in which the
9722+32 projection shall be calculated. The governing body shall take into
9723+33 consideration the projection when adopting the revenue spending plan
9724+34 under subsection (g).
9725+35 (e) The governing body of the school corporation shall certify a
9726+36 copy of the resolution to the following:
9727+37 (1) The department of local government finance, including:
9728+38 (A) the language for the question required by section 9 of this
9729+39 chapter, or in the case of a resolution to extend a referendum
9730+40 levy certified to the department of local government finance,
9731+41 section 10 of this chapter; and
9732+42 (B) a copy of the revenue spending plan adopted under
9733+EH 1050—LS 6050/DI 112 227
9734+1 subsection (g).
9735+2 The language of the public question must include the estimated
9736+3 average percentage increases certified by the county auditor under
9737+4 section 9(d) or 10(f) of this chapter, as applicable. The governing
9738+5 body of the school corporation shall also provide the county
9739+6 auditor's certification described in section 9(d) or 10(f) of this
9740+7 chapter, as applicable. The department of local government
9741+8 finance shall post the values certified by the county auditor to the
9742+9 department's website. The department shall review the language
9743+10 for compliance with section 9 or 10 of this chapter, whichever is
9744+11 applicable, and either approve or reject the language. The
9745+12 department shall send its decision to the governing body of the
9746+13 school corporation not more than ten (10) days after both the
9747+14 certification of the county auditor described in section 9(d) or
9748+15 10(f) of this chapter, as applicable, and the resolution is are
9749+16 submitted to the department. If the language is approved, the
9750+17 governing body of the school corporation shall certify a copy of
9751+18 the resolution, including the language for the question and the
9752+19 department's approval.
9753+20 (2) The county fiscal body of each county in which the school
9754+21 corporation is located (for informational purposes only).
9755+22 (3) The circuit court clerk of each county in which the school
9756+23 corporation is located.
9757+24 (f) Except as provided in section 22 of this chapter, the resolution
9758+25 described in subsection (a) must indicate whether proceeds in the
9759+26 school corporation's fund collected from a tax levy under this chapter
9760+27 will be used to provide a distribution to a charter school or charter
9761+28 schools, excluding a virtual charter school, under IC 20-40-20-6(b) as
9762+29 well as the amount that will be distributed to the particular charter
9763+30 school or charter schools. A school corporation may request from the
9764+31 designated charter school or charter schools any financial
9765+32 documentation necessary to demonstrate the financial need of the
9766+33 charter school or charter schools.
9767+34 (g) As part of the resolution described in subsection (a), the
9768+35 governing body of the school corporation shall adopt a revenue
9769+36 spending plan for the proposed referendum tax levy that includes:
9770+37 (1) an estimate of the amount of annual revenue expected to be
9771+38 collected if a levy is imposed under this chapter;
9772+39 (2) the specific purposes described in IC 20-40-20-6 for which the
9773+40 revenue collected from a levy imposed under this chapter will be
9774+41 used;
9775+42 (3) an estimate of the annual dollar amounts that will be expended
9776+EH 1050—LS 6050/DI 112 228
9777+1 for each purpose described in subdivision (2); and
9778+2 (4) for a resolution for a referendum that is adopted after May 10,
9779+3 2023, for a county described in section 22(a) of this chapter, the
9780+4 projected revenue that shall be distributed to charter schools as
9781+5 provided in subsection (d). The revenue spending plan shall also
9782+6 take into consideration deviations in the proposed revenue
9783+7 spending plan if the actual charter school distributions exceed or
9784+8 are lower than the projected charter school distributions described
9785+9 in subsection (d). The resolution shall include for each charter
9786+10 school that elects to participate under subsection (i) information
9787+11 described in subdivisions (1) through (3).
9788+12 (h) A school corporation shall specify in its proposed budget the
9789+13 school corporation's revenue spending plan adopted under subsection
9790+14 (g) and annually present the revenue spending plan at its public hearing
9791+15 on the proposed budget under IC 6-1.1-17-3.
9792+16 (i) This subsection applies to a resolution described in subsection
9793+17 (a) for a county described in section 22(a) of this chapter that is
9794+18 adopted after May 10, 2023. At least forty-five (45) days before the
9795+19 resolution described in subsection (a) is voted on by the governing
9796+20 body, the school corporation shall contact each charter school,
9797+21 excluding virtual charter schools or adult high schools, disclosed by the
9798+22 department to the school corporation under subsection (f) to determine
9799+23 whether the charter school will participate in the referendum. The
9800+24 notice must include the total amount of the school corporation's
9801+25 expected need, the corresponding estimate of that amount divided by
9802+26 the number of students enrolled in the school corporation, and the date
9803+27 on which the governing body of the school corporation will vote on the
9804+28 resolution. The charter school must respond in writing to the school
9805+29 corporation, which may be by electronic mail addressed to the
9806+30 superintendent of the school corporation, at least fifteen (15) days
9807+31 prior to the date that the resolution described in subsection (a) is to be
9808+32 voted on by the governing body. If the charter school elects to not
9809+33 participate in the referendum, the school corporation may exclude
9810+34 distributions to the charter school under section 22 of this chapter and
9811+35 from the projection described in subsection (d). If the charter school
9812+36 elects to participate in the referendum, the charter school may receive
9813+37 distributions under section 22 of this chapter and must be included in
9814+38 the projection described in subsection (d). In addition, a charter school
9815+39 that elects to participate in the referendum under this subsection shall
9816+40 contribute a proportionate share of the cost to conduct the referendum
9817+41 based on the total combined ADM of the school corporation and any
9818+42 participating charter schools.
9819+EH 1050—LS 6050/DI 112 229
9820+1 (j) This subsection applies to a resolution described in subsection
9821+2 (a) for a county described in section 22(a) of this chapter that is
9822+3 adopted after May 10, 2023. At least thirty (30) days before the
9823+4 resolution described in subsection (a) referendum submitted to the
9824+5 voters under this chapter is voted on by the governing body, public in
9825+6 a primary or general election, the school corporation that is pursuing
9826+7 the resolution referendum and any charter school that has elected to
9827+8 participate under subsection (i) shall post a referendum disclosure
9828+9 statement on each school's respective website that contains the
9829+10 following information:
9830+11 (1) The salaries of all employees employed by position within the
9831+12 school corporation or charter school listed from highest salary to
9832+13 lowest salary and a link to Gateway Indiana for access to
9833+14 individual salaries.
9834+15 (2) An acknowledgment that the school corporation or charter
9835+16 school is not committing any crime described in IC 35-44.1-1.
9836+17 (3) A link to the school corporation's or charter school's most
9837+18 recent state board of accounts audit on the state board of accounts'
9838+19 website.
9839+20 (4) The current enrollment of the school corporation or charter
9840+21 school disaggregated by student group and race.
9841+22 (5) The school corporation's or charter school's high school
9842+23 graduation rate.
9843+24 (6) The school corporation's or charter school's annual retention
9844+25 rate for teachers for the previous five (5) years.
9845+26 SECTION 197. IC 20-51.4-2-4, AS AMENDED BY P.L.127-2024,
9846+27 SECTION 3, AND AS AMENDED BY P.L.162-2024, SECTION 28,
9847+28 IS CORRECTED AND AMENDED TO READ AS FOLLOWS
9848+29 [EFFECTIVE JULY 1, 2025]: Sec. 4. "Eligible student" refers to an
9849+30 individual who:
9850+31 (1) has legal settlement in Indiana;
9851+32 (2) is at least five (5) years of age and less than twenty-two (22)
9852+33 years of age on the date in the school year specified in
9853+34 IC 20-33-2-7; on October 1 of the applicable school year;
9854+35 (3) is a student:
9855+36 (A) with a disability at the time the account is established who
9856+37 requires special education and for whom:
9857+38 (A) (i) an individualized education program;
9858+39 (B) (ii) a service plan developed under 511 IAC 7-34; or
9859+40 (C) (iii) a choice special education plan developed under
9860+41 511 IAC 7-49;
9861+42 has been developed; and or
9862+EH 1050—LS 6050/DI 112 230
9863+1 (B) who is a sibling of a student described in clause (A) who
9864+2 has had an ESA account established in the student's name
9865+3 under IC 20-51.4-4-1; and
9866+4 (4) meets the annual income qualification requirement for a
9867+5 choice scholarship student under IC 20-51-1.
9868+6 SECTION 198. IC 20-51.4-4-1, AS AMENDED BY P.L.127-2024,
9869+7 SECTION 5, AND AS AMENDED BY P.L.150-2024, SECTION 69,
9870+8 IS CORRECTED AND AMENDED TO READ AS FOLLOWS
9871+9 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) After June 30, 2022, a parent
9872+10 of an eligible student or an emancipated eligible student may establish
9873+11 an Indiana education scholarship account for the eligible student by
9874+12 entering into a written agreement with the treasurer of state on a form
9875+13 prepared by the treasurer of state. The treasurer of state shall establish
9876+14 a date by which an application to establish an ESA account for the
9877+15 upcoming school year must be submitted. However, for a school year
9878+16 beginning after July 1, 2022, applications must be submitted for an
9879+17 eligible student not later than September 1 for the immediately
9880+18 following school year. The ESA account of an eligible student shall be
9881+19 made in the name of the eligible student. The treasurer of state shall
9882+20 make the agreement available on the website of the treasurer of state.
9883+21 To be eligible, a parent of an eligible student or an emancipated
9884+22 eligible student wishing to participate in the ESA program must agree
9885+23 that:
9886+24 (1) subject to subsection (i), a grant deposited in the eligible
9887+25 student's ESA account under section 2 of this chapter and any
9888+26 interest that may accrue in the ESA account will be used only for
9889+27 the eligible student's ESA qualified expenses;
9890+28 (2) if the eligible student participates in the CSA program, a grant
9891+29 deposited in the eligible student's ESA account under
9892+30 IC 20-51.4-4.5-3 and any interest that may accrue in the ESA
9893+31 account will be used only for the eligible student's ESA qualified
9894+32 expenses;
9895+33 (3) money in the ESA account when the ESA account is
9896+34 terminated reverts to the state general fund;
9897+35 (4) the parent of the eligible student or the emancipated eligible
9898+36 student will use part of the money in the ESA account:
9899+37 (A) for the eligible student's study in the subject of reading,
9900+38 grammar, mathematics, social studies, or science; or
9901+39 (B) for use in accordance with the eligible student's:
9902+40 (i) individualized education program;
9903+41 (ii) service plan developed under 511 IAC 7-34;
9904+42 (iii) choice special education plan developed under 511
9905+EH 1050—LS 6050/DI 112 231
9906+1 IAC 7-49; or
9907+2 (iv) plan developed under Section 504 of the federal
9908+3 Rehabilitation Act of 1973, 29 U.S.C. 794;
9909+4 (5) the eligible student will not be enrolled in a school that
9910+5 receives tuition support under IC 20-43; and
9911+6 (6) the eligible student will take the statewide summative
9912+7 assessment, as applicable based on the eligible student's grade
9913+8 level, as provided under IC 20-32-5.1, or the assessment specified
9914+9 in the eligible student's:
9915+10 (A) individualized education program developed under
9916+11 IC 20-35;
9917+12 (B) service plan developed under 511 IAC 7-34;
9918+13 (C) choice special education plan developed under 511
9919+14 IAC 7-49; or
9920+15 (D) plan developed under Section 504 of the federal
9921+16 Rehabilitation Act of 1973, 29 U.S.C. 794.
9922+17 (b) A parent of an eligible student may enter into a separate
9923+18 agreement under subsection (a) for each child of the parent. However,
9924+19 not more than one (1) ESA account may be established for each
9925+20 eligible student.
9926+21 (c) The ESA account must be established under subsection (a) by a
9927+22 parent of an eligible student or an emancipated eligible student for a
9928+23 school year on or before a date established by the treasurer of state,
9929+24 which must be at least thirty (30) days before the fall count day of
9930+25 ADM established under IC 20-43-4-3. A parent of an eligible student
9931+26 or an emancipated eligible student may not enter into an agreement
9932+27 under this section or maintain an ESA account under this chapter if the
9933+28 eligible student receives a choice scholarship under IC 20-51-4 for the
9934+29 same school year. An eligible student may not receive a grant under
9935+30 section 2 of this chapter if the eligible student is currently included in
9936+31 a school corporation's ADM count under IC 20-43-4.
9937+32 (d) Except as provided in subsections (e) and (f), an agreement
9938+33 made under this section is valid for one (1) school year while the
9939+34 eligible student is in kindergarten through grade 12 and may be
9940+35 renewed annually. Upon graduation, or receipt of a certificate of
9941+36 completion under the eligible student's individualized education
9942+37 program, the eligible student's ESA account is terminated.
9943+38 (e) An agreement entered into under this section terminates
9944+39 automatically for an eligible student if:
9945+40 (1) the eligible student no longer resides in Indiana while the
9946+41 eligible student is eligible to receive grants under section 2 of this
9947+42 chapter; or
9948+EH 1050—LS 6050/DI 112 232
9949+1 (2) the ESA account is not renewed within three hundred
9950+2 ninety-five (395) days after the date the ESA account was either
9951+3 established or last renewed.
9952+4 If an ESA account is terminated under this section, money in the
9953+5 eligible student's ESA account, including any interest accrued, reverts
9954+6 to the state general fund.
9955+7 (f) An agreement made under this section for an eligible student
9956+8 while the eligible student is in kindergarten through grade 12 may be
9957+9 terminated before the end of the school year if the parent of the eligible
9958+10 student or the emancipated eligible student notifies the treasurer of
9959+11 state in a manner specified by the treasurer of state.
9960+12 (g) A distribution made to an ESA account under section 2 of this
9961+13 chapter is considered tax exempt as long as the distribution is used for
9962+14 an ESA qualified expense. The amount is subtracted from the
9963+15 definition of adjusted federal gross income under IC 6-3-1-3.5 to the
9964+16 extent the distribution used for the ESA qualified expense is included
9965+17 in the taxpayer's adjusted federal gross income under the Internal
9966+18 Revenue Code.
9967+19 (h) The department shall establish a student test number as
9968+20 described in IC 20-19-3-9.4 for each eligible student. The treasurer of
9969+21 state shall provide the department information necessary for the
9970+22 department to comply with this subsection.
9971+23 (i) A student described in IC 20-51.4-2-4(3)(B) may not use the
9972+24 money deposited into the eligible student's ESA account for ESA
9973+25 qualified expenses described in IC 20-51.4-2-9(a)(3),
9974+26 IC 20-51.4-2-9(a)(6), IC 20-51.4-2-9(a)(7), or IC 20-51.4-2-9(a)(9).
9975+27 SECTION 199. IC 21-12-3-9, AS AMENDED BY P.L.10-2019,
9976+28 SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9977+29 JULY 1, 2025]: Sec. 9. (a) A higher education award for a student in
9978+30 a program leading to a baccalaureate degree may be renewed for a total
9979+31 of three (3) undergraduate academic years following the academic year
9980+32 of the first award or until an earlier time as the student receives a
9981+33 degree normally obtained in four (4) undergraduate academic years. A
9982+34 higher education award for a student in a program leading to a
9983+35 technical certificate or an undergraduate associate degree may be
9984+36 renewed for the number of academic years normally required to obtain
9985+37 a certificate or degree in the student's program. The commission may
9986+38 grant a renewal only upon application and only upon its finding that:
9987+39 (1) the applicant has successfully completed the work of a
9988+40 preceding year;
9989+41 (2) the applicant remains domiciled in Indiana;
9990+42 (3) the recipient's financial situation continues to warrant an
9991+EH 1050—LS 6050/DI 112 233
9992+1 award, based on the financial requirements set forth in section
9993+2 (1)(a)(3) section 1(a)(3) of this chapter;
9994+3 (4) the applicant is eligible under section 2 of this chapter;
9995+4 (5) the student maintains satisfactory academic progress, as
9996+5 determined by the eligible institution; and
9997+6 (6) beginning in an academic year beginning after August 31,
9998+7 2017, the student successfully completes:
9999+8 (A) at least twenty-four (24) credit hours or the equivalent
10000+9 during the last academic year in which the student received
10001+10 state financial aid; or
10002+11 (B) at least twenty-four (24) credit hours or the equivalent
10003+12 during the last academic year in which the student was
10004+13 enrolled in a postsecondary educational institution.
10005+14 (b) In determining eligibility under subsection (a)(6), the
10006+15 commission shall apply all the following types of credits regardless of
10007+16 whether the credits were completed during the last academic year
10008+17 described in subsection (a)(6)(A) or (a)(6)(B):
10009+18 (1) Credits earned from dual credit, advanced placement,
10010+19 Cambridge International, and international baccalaureate courses.
10011+20 (2) College credits earned during high school.
10012+21 (3) Credits earned exceeding thirty (30) credit hours during a
10013+22 previous academic year in which a student received state financial
10014+23 aid.
10015+24 SECTION 200. IC 21-12-6-5, AS AMENDED BY P.L.235-2023,
10016+25 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10017+26 JULY 1, 2025]: Sec. 5. (a) Unless a student qualifies under subsection
10018+27 (b), to qualify to participate in the program, a student must meet the
10019+28 following requirements:
10020+29 (1) Be a resident of Indiana.
10021+30 (2) Be:
10022+31 (A) enrolled in grade 7 or 8 at a:
10023+32 (i) public school; or
10024+33 (ii) nonpublic school that is accredited either by the Indiana
10025+34 state board of education or by a national or regional
10026+35 accrediting agency whose accreditation is accepted as a
10027+36 school improvement plan under IC 20-31-4.1-2; or
10028+37 (B) otherwise qualified under the rules of the commission that
10029+38 are adopted under IC 21-18.5-4-9(2) to include students who
10030+39 are in grades other than grade 8 as eligible students.
10031+40 (3) Be a member of a household with an annual income of not
10032+41 more than the amount required for the individual to qualify for
10033+42 free or reduced priced price lunches under the national school
10034+EH 1050—LS 6050/DI 112 234
10035+1 lunch program, as determined for the immediately preceding
10036+2 taxable year for the household for which the student was claimed
10037+3 as a dependent.
10038+4 (4) Agree that the student will:
10039+5 (A) graduate from a secondary school located in Indiana that
10040+6 meets the admission criteria of an eligible institution;
10041+7 (B) not illegally use controlled substances (as defined in
10042+8 IC 35-48-1-9);
10043+9 (C) not commit a crime or an infraction described in
10044+10 IC 9-30-5;
10045+11 (D) not commit any other crime or delinquent act (as described
10046+12 in IC 31-37-1-2 or IC 31-37-2-2 through IC 31-37-2-5 (or
10047+13 IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5) before their
10048+14 repeal));
10049+15 (E) timely apply, when the eligible student is a senior in high
10050+16 school:
10051+17 (i) for admission to an eligible institution; and
10052+18 (ii) for any federal and state student financial assistance
10053+19 available to the eligible student to attend an eligible
10054+20 institution;
10055+21 (F) achieve a cumulative grade point average upon graduation
10056+22 of:
10057+23 (i) at least 2.0, if the student graduates from high school
10058+24 before July 1, 2014; and
10059+25 (ii) at least 2.5, if the student graduates from high school
10060+26 after June 30, 2014;
10061+27 on a 4.0 grading scale (or its equivalent if another grading
10062+28 scale is used) for courses taken during grades 9, 10, 11, and
10063+29 12; and
10064+30 (G) complete an academic success program required under the
10065+31 rules adopted by the commission, if the student initially enrolls
10066+32 in high school after June 30, 2013.
10067+33 (b) A student qualifies to participate in the program if the student:
10068+34 (1) before or during grade 7 or grade 8, is placed by or with the
10069+35 consent of the department of child services, by a court order, or by
10070+36 a child placing agency in:
10071+37 (A) a foster family home;
10072+38 (B) the home of a relative or other unlicensed caretaker;
10073+39 (C) a child caring institution; or
10074+40 (D) a group home;
10075+41 (2) meets the requirements in subsection (a)(1) through (a)(2);
10076+42 and
10077+EH 1050—LS 6050/DI 112 235
10078+1 (3) agrees in writing, together with the student's caseworker (as
10079+2 defined in IC 31-9-2-11) or legal guardian, to the conditions set
10080+3 forth in subsection (a)(4).
10081+4 (c) The commission may require that an applicant apply
10082+5 electronically to participate in the program using an online Internet
10083+6 application on the commission's website.
10084+7 SECTION 201. IC 21-16-5-1.5, AS AMENDED BY P.L.42-2024,
10085+8 SECTION 143, IS AMENDED TO READ AS FOLLOWS
10086+9 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. (a) The board of directors of
10087+10 the nonprofit corporation is composed of nine (9) members. The
10088+11 members must be appointed as follows:
10089+12 (1) Five (5) members appointed by the governor.
10090+13 (2) One (1) member appointed by the president pro tempore of the
10091+14 senate.
10092+15 (3) One (1) member appointed by the minority leader of the
10093+16 senate.
10094+17 (4) One (1) member appointed by the speaker of the house of
10095+18 representatives.
10096+19 (5) One (1) member appointed by the minority leader of the house
10097+20 of representatives.
10098+21 (b) None of the members appointed to the board may be members
10099+22 of the general assembly. Not more than five (5) members may belong
10100+23 to the same political party. Members serve at the pleasure of the
10101+24 appointing authority.
10102+25 (c) The board shall elect from among its members a chair and vice
10103+26 chair.
10104+27 (d) Five (5) members constitutes constitute a quorum for the
10105+28 transaction of business. An affirmative vote of at least five (5) members
10106+29 is necessary for the board to take action. Members of the board may not
10107+30 vote by proxy.
10108+31 (e) Meetings of the board shall be held at the call of the chair or
10109+32 whenever any five (5) voting members request a meeting. The
10110+33 members shall meet at least once every three (3) months to attend to
10111+34 the business of the corporation.
10112+35 (f) Each member of the commission board who is not a state
10113+36 employee is entitled to:
10114+37 (1) a salary per diem for attending meetings equal to the per diem
10115+38 provided by law for members of the general assembly; and
10116+39 (2) reimbursement for mileage and traveling expenses as provided
10117+40 under IC 4-13-1-4, and other expenses actually incurred in
10118+41 connection with the member's duties as provided in the state
10119+42 policies and procedures established by the Indiana department of
10120+EH 1050—LS 6050/DI 112 236
10121+1 administration and approved by the budget agency.
10122+2 (g) Each member of the commission board who is a state employee
10123+3 is entitled to reimbursement for traveling expenses as provided under
10124+4 IC 4-13-1-4 and other expenses actually incurred in connection with
10125+5 the member's duties as provided in the state policies and procedures
10126+6 established by the Indiana department of administration and approved
10127+7 by the budget agency.
10128+8 (h) The corporation shall pay expenses incurred under subsections
10129+9 (f) and (g) and (h) from the revenues of the corporation.
10130+10 (i) The corporation shall provide staff support to the board.
10131+11 SECTION 202. IC 21-30-7-1.8 IS ADDED TO THE INDIANA
10132+12 CODE AS A NEW SECTION TO READ AS FOLLOWS
10133+13 [EFFECTIVE JULY 1, 2025]: Sec. 1.8. As used in this chapter,
10134+14 "commission" means the commission for higher education of the
10135+15 state of Indiana established under IC 21-18-2.
10136+16 SECTION 203. IC 21-40-1-6, AS ADDED BY P.L.2-2007,
10137+17 SECTION 281, IS AMENDED TO READ AS FOLLOWS
10138+18 [EFFECTIVE JULY 1, 2025]: Sec. 6. "Documentation of exemption"
10139+19 means a form that:
10140+20 (1) is acceptable to a state educational institution; and
10141+21 (2) indicates the circumstances as described in IC 21-40-5-4 and
10142+22 IC 21-40-5-6 entitling the student to an exemption from the
10143+23 requirements in sections IC 21-40-5-2 and IC 21-40-5-3.
10144+24 SECTION 204. IC 22-2-18.1-16, AS AMENDED BY P.L.133-2024,
10145+25 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10146+26 JULY 1, 2025]: Sec. 16. (a) Except as provided in subsections (b) and
10147+27 (c), sections 17 and 22 of this chapter apply only to the employment of
10148+28 a minor who is less than sixteen (16) years of age.
10149+29 (b) Sections 17 and 22 of this chapter do not apply to the following:
10150+30 (1) A minor who is at least fourteen (14) years of age but less than
10151+31 sixteen (16) years of age who:
10152+32 (A) performs:
10153+33 (i) farm labor; or
10154+34 (ii) domestic service;
10155+35 (B) acts as a caddie for a person playing the game of golf; or
10156+36 (C) is employed to perform sports-attending services at
10157+37 professional sporting events as set forth in 29 CFR
10158+38 570.35(c)(2).
10159+39 (2) A minor who is:
10160+40 (A) at least twelve (12) years of age but less than sixteen (16)
10161+41 years of age; and
10162+42 (B) employed or works as a youth athletic program referee,
10163+EH 1050—LS 6050/DI 112 237
10164+1 umpire, or official under section 13 of this chapter.
10165+2 (c) Sections 12(b), 17(2)(A), 17(2)(B), and 22 of this chapter do not
10166+3 apply to a minor who is at least fourteen (14) years of age and less than
10167+4 sixteen (16) years of age who:
10168+5 (1) has graduated from high school;
10169+6 (2) has completed grade 8, who is excused from the compulsory
10170+7 school attendance requirements, and whose parent submits a
10171+8 statement in accordance with subsection (d);
10172+9 (3) has a child to support, who is excused from the compulsory
10173+10 school attendance requirements, and whose parent submits a
10174+11 statement in accordance with subsection (d);
10175+12 (4) is subject to an order issued by a court that has jurisdiction
10176+13 over the minor that prohibits the minor from attending school; or
10177+14 (5) has been expelled from school and is not required to attend an
10178+15 alternative school or an alternative educational program.
10179+16 (d) To qualify for an exemption under subsection (c)(2) or (c)(3),
10180+17 the minor's parent must submit to the minor's current or prospective
10181+18 employer:
10182+19 (1) a signed statement from the parent declaring that the minor
10183+20 has been excused from the compulsory school attendance
10184+21 requirements; and
10185+22 (2) proof supporting the statement made under subdivision (1).
10186+23 SECTION 205. IC 22-12-6-15, AS AMENDED BY P.L.187-2021,
10187+24 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10188+25 JULY 1, 2025]: Sec. 15. (a) As used in this section, "credit card" means
10189+26 a bank card, debit card, charge card, prepaid card, or other similar
10190+27 device used for payment.
10191+28 (b) In addition to other methods of payment allowed by law, the
10192+29 department may accept payment by credit card for certifications,
10193+30 licenses, and fees, and other amounts payable to the following:
10194+31 (1) The department.
10195+32 (2) The fire prevention and building safety commission.
10196+33 (3) The Indiana homeland security foundation (before its repeal).
10197+34 (c) The department may enter into appropriate agreements with
10198+35 banks or other organizations authorized to do business in Indiana to
10199+36 enable the department to accept payment by credit card.
10200+37 (d) The department may recognize net amounts remitted by the bank
10201+38 or other organization as payment in full of amounts due the department.
10202+39 (e) The department may pay any applicable credit card service
10203+40 charge or fee.
10204+41 SECTION 206. IC 24-4-23-1, AS ADDED BY P.L.98-2024,
10205+42 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10206+EH 1050—LS 6050/DI 112 238
10207+1 JULY 1, 2025]: Sec. 1. As used in this chapter, "adult oriented
10208+2 website" means a publicly accessible website that publishes material
10209+3 harmful to minors, if at least one-third (1/3) of the images and videos
10210+4 published on the website depict material harmful to minors.
10211+5 SECTION 207. IC 24-4-23-2, AS ADDED BY P.L.98-2024,
10212+6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10213+7 JULY 1, 2025]: Sec. 2. As used in this chapter, "adult oriented
10214+8 website operator" means a person that owns or operates an adult
10215+9 oriented website. The term does not include the following:
10216+10 (1) A newspaper or news service that publishes news related
10217+11 information through a website.
10218+12 (2) A cloud service provider.
10219+13 (3) An Internet provider, an affiliate or subsidiary of an Internet
10220+14 provider, or a search engine that:
10221+15 (A) solely provides access or connection to a website or other
10222+16 Internet content that is not under the control of that Internet
10223+17 service provider, affiliate or subsidiary, or search engine; and
10224+18 (B) is not responsible for creating or publishing the content
10225+19 that constitutes material harmful to minors.
10226+20 SECTION 208. IC 24-4-23-3, AS ADDED BY P.L.98-2024,
10227+21 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10228+22 JULY 1, 2025]: Sec. 3. As used in this chapter, "material harmful to
10229+23 minors" means matter or a performance described in IC 35-49-2-2.
10230+24 SECTION 209. IC 24-4-23-4, AS ADDED BY P.L.98-2024,
10231+25 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10232+26 JULY 1, 2025]: Sec. 4. As used in this chapter, "minor" means a
10233+27 person less than eighteen (18) years of age.
10234+28 SECTION 210. IC 24-4-23-5, AS ADDED BY P.L.98-2024,
10235+29 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10236+30 JULY 1, 2025]: Sec. 5. As used in this chapter, "mobile credential"
10237+31 has the meaning set forth in IC 9-13-2-103.4.
10238+32 SECTION 211. IC 24-4-23-6, AS ADDED BY P.L.98-2024,
10239+33 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10240+34 JULY 1, 2025]: Sec. 6. As used in this chapter, "person" means a
10241+35 human being, a corporation, a limited liability company, a partnership,
10242+36 an unincorporated association, or a governmental entity.
10243+37 SECTION 212. IC 24-4-23-7, AS ADDED BY P.L.98-2024,
10244+38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10245+39 JULY 1, 2025]: Sec. 7. As used in this chapter, "reasonable age
10246+40 verification method" means a method of determining that an individual
10247+41 seeking to access a website containing material harmful to minors is
10248+42 not a minor by using one (1) or more of the following methods:
10249+EH 1050—LS 6050/DI 112 239
10250+1 (1) A mobile credential.
10251+2 (2) An independent third party age verification service that
10252+3 compares the identifying information entered by the individual
10253+4 who is seeking access with material that is available from a
10254+5 commercially available data base, or an aggregate of data bases,
10255+6 that is regularly used by government agencies and businesses for
10256+7 the purpose of age and identity verification.
10257+8 (3) Any commercially reasonable method that relies on public or
10258+9 private transactional data to verify the age of the individual
10259+10 attempting to access the material.
10260+11 SECTION 213. IC 24-4-23-8, AS ADDED BY P.L.98-2024,
10261+12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10262+13 JULY 1, 2025]: Sec. 8. As used in this chapter, "transactional data"
10263+14 means a sequence of information that documents an exchange,
10264+15 agreement, or transfer between an individual, commercial entity, or
10265+16 third party used for the purpose of satisfying a request or event. The
10266+17 term includes records that relate to a mortgage, education, or
10267+18 employment.
10268+19 SECTION 214. IC 24-4-23-9, AS ADDED BY P.L.98-2024,
10269+20 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10270+21 JULY 1, 2025]: Sec. 9. As used in this chapter, "verification
10271+22 information" means all information, data, and documents provided by
10272+23 an individual for the purposes of verification of identity or age under
10273+24 this chapter.
10274+25 SECTION 215. IC 25-23.6-8-1, AS AMENDED BY P.L.177-2009,
10275+26 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10276+27 JULY 1, 2025]: Sec. 1. An individual who applies for a license as a
10277+28 marriage and family therapist must meet the following requirements:
10278+29 (1) Furnish satisfactory evidence to the board that the individual
10279+30 has:
10280+31 (A) received a master's or doctor's degree in marriage and
10281+32 family therapy, or in a related area as determined by the board
10282+33 from an eligible postsecondary educational institution that
10283+34 meets the requirements under section 2.1(a)(1) of this chapter
10284+35 or from a foreign school that has a program of study that meets
10285+36 the requirements under section 2.1(a)(2) or (2.1)(a)(3)
10286+37 2.1(a)(3) of this chapter; and
10287+38 (B) completed the educational requirements under section 2.5
10288+39 of this chapter.
10289+40 (2) Furnish satisfactory evidence to the board that the individual
10290+41 has met the clinical experience requirements under section 2.7 of
10291+42 this chapter.
10292+EH 1050—LS 6050/DI 112 240
10293+1 (3) Furnish satisfactory evidence to the board that the individual:
10294+2 (A) except as provided in section 1.7 of this chapter, holds a
10295+3 marriage and family therapist associate license, in good
10296+4 standing, issued under section 5 of this chapter; or
10297+5 (B) is licensed or certified to practice as a marriage and family
10298+6 therapist in another state and is otherwise qualified under this
10299+7 chapter.
10300+8 (4) Furnish satisfactory evidence to the board that the individual
10301+9 does not have a conviction for a crime that has a direct bearing on
10302+10 the individual's ability to practice competently.
10303+11 (5) Furnish satisfactory evidence to the board that the individual
10304+12 has not been the subject of a disciplinary action by a licensing or
10305+13 certification agency of another state or jurisdiction on the grounds
10306+14 that the individual was not able to practice as a marriage and
10307+15 family therapist without endangering the public.
10308+16 (6) Pay the fee established by the board.
10309+17 SECTION 216. IC 25-23.6-8-2.7, AS AMENDED BY P.L.83-2024,
10310+18 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10311+19 JULY 1, 2025]: Sec. 2.7. (a) For purposes of this section, "virtual
10312+20 supervision" means supervision of an applicant for a license as a
10313+21 marriage and family therapist by a qualified supervisor through an
10314+22 electronic platform that provides for synchronous visual and audio
10315+23 interaction in real time, and which is compliant with the federal Health
10316+24 Insurance Portability and Accountability Act (HIPAA). Virtual
10317+25 supervision does not include telephone calls, electronic mail, or text
10318+26 messages.
10319+27 (b) As used in this section, "first available examination" means the
10320+28 first examination:
10321+29 (1) after the date of an individual's:
10322+30 (A) graduation; or
10323+31 (B) moving into Indiana;
10324+32 that has an application deadline that is at least thirty (30) days
10325+33 after the date of graduation or the date of moving into Indiana,
10326+34 unless the individual chooses to meet a deadline that is less than
10327+35 thirty (30) days after either of those events; or
10328+36 (2) during the individual's last academic semester, trimester, or
10329+37 quarter, if the individual is eligible to take the exam pursuant to
10330+38 section 3 of this chapter.
10331+39 (c) An applicant for a license as a marriage and family therapist
10332+40 under section 1 of this chapter must have at least two (2) years of
10333+41 postdegree clinical experience, during which at least fifty percent
10334+42 (50%) of the applicant's clients were receiving marriage and family
10335+EH 1050—LS 6050/DI 112 241
10336+1 therapy services. The applicant's clinical experience must include one
10337+2 thousand (1,000) hours of postdegree clinical experience and two
10338+3 hundred (200) hours of postdegree clinical supervision, of which one
10339+4 hundred (100) hours must be individual supervision, under the
10340+5 supervision of a licensed marriage and family therapist who has at least
10341+6 five (5) years of experience or an equivalent supervisor, as determined
10342+7 by the board.
10343+8 (d) If an individual applies for, takes, and passes the first available
10344+9 examination, the individual may not count more than five hundred
10345+10 (500) hours of the postdegree clinical experience that is:
10346+11 (1) required under subsection (c); and
10347+12 (2) accumulated before taking the examination toward licensure
10348+13 as a marriage and family therapist.
10349+14 (e) If an individual does not pass the first available examination, the
10350+15 individual may:
10351+16 (1) retain the hours accumulated before taking the examination;
10352+17 (2) continue working; and
10353+18 (3) not accumulate any additional hours toward licensure as a
10354+19 marriage and family therapist until passing the examination.
10355+20 (f) If an individual does not take the first available examination, the
10356+21 individual may not begin accumulating any postdegree clinical
10357+22 experience hours toward licensure as a marriage and family therapist
10358+23 until the individual passes the examination.
10359+24 (g) When obtaining the clinical experience required under
10360+25 subsection (c), the applicant must provide direct individual, group, and
10361+26 family therapy and counseling to the following categories of cases:
10362+27 (1) Unmarried romantic relationships and relational systems.
10363+28 (2) Married couples.
10364+29 (3) Separating or divorcing couples.
10365+30 (4) Family systems and groupings, including children and minors.
10366+31 (h) A doctoral internship may be applied toward the supervised
10367+32 work experience requirement.
10368+33 (i) Except as provided in subsection (j), the experience requirement
10369+34 may be met by work performed at or away from the premises of the
10370+35 supervising marriage and family therapist.
10371+36 (i) (j) Except as provided in subsection (k), the work requirement
10372+37 may not be performed away from the supervising marriage and family
10373+38 therapist's premises if:
10374+39 (1) the work is the independent private practice of marriage and
10375+40 family therapy; and
10376+41 (2) the work is not performed at a place that has the supervision
10377+42 of a licensed marriage and family therapist or an equivalent
10378+EH 1050—LS 6050/DI 112 242
10379+1 supervisor, as determined by the board.
10380+2 (k) Up to one hundred percent (100%) of the supervised postdegree
10381+3 clinical experience hours required under subsection (c) may be
10382+4 accounted for through virtual supervision by a licensed marriage and
10383+5 family therapist or equivalent supervisor described in subsection (c).
10384+6 SECTION 217. IC 25-24-1-3.2, AS AMENDED BY P.L.157-2006,
10385+7 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10386+8 JULY 1, 2025]: Sec. 3.2. (a) Notwithstanding section 3 of this chapter,
10387+9 the board may issue or renew a limited license to practice optometry at
10388+10 the Indiana University School of Optometry if the applicant:
10389+11 (1) holds an active license in another jurisdiction; and
10390+12 (2) meets the continuing education requirements under section
10391+13 14.1 of this chapter.
10392+14 (b) A limited license issued under this section is valid for two (2)
10393+15 years.
10394+16 (c) A limited license issued under this section does not allow the
10395+17 holder of the license to be granted or have renewed a certificate to
10396+18 administer, dispense, or prescribe legend drugs unless the holder of the
10397+19 license meets the requirements of IC 25-24-3-12, IC 25-24-3-13, and
10398+20 IC 25-23-3-15. IC 25-24-3-15.
10399+21 SECTION 218. IC 25-40-1-5 IS AMENDED TO READ AS
10400+22 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. "Employee
10401+23 assistance professional" means an individual who:
10402+24 (1) practices the employee assistance profession by providing
10403+25 workplace based services designed to address employer and
10404+26 employee productivity issues;
10405+27 (2) practices the employee assistance profession by assisting
10406+28 employees and dependents of the employees with identifying and
10407+29 finding the means to resolve personal problems that affect the
10408+30 employee or the performance of the employee, not to include
10409+31 services provided by licensed mental health professionals; and
10410+32 (3) is:
10411+33 (A) a certified employee assistance professional; or
10412+34 (B) experienced and trained in providing the services
10413+35 described in subdivisions (1) through (2), including the
10414+36 subjects described in IC 24-40-2-1(1) IC 25-40-2-1(1) through
10415+37 IC 24-40-2-1(5). IC 25-40-2-1(5).
10416+38 SECTION 219. IC 26-1-2-326 IS AMENDED TO READ AS
10417+39 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 326. (1) Unless
10418+40 otherwise agreed, if delivered goods may be returned by the buyer even
10419+41 though they conform to the contract, the transaction is:
10420+42 (a) a "sale on approval" if the goods are delivered primarily for
10421+EH 1050—LS 6050/DI 112 243
10422+1 use; and
10423+2 (b) a "sale or return" if the goods are delivered primarily for
10424+3 resale.
10425+4 (2) Goods held on approval are not subject to the claims of the
10426+5 buyer's creditors until acceptance. Goods held on sale or return are
10427+6 subject to such claims while in the buyer's possession.
10428+7 (3) Any "or return" term of a contract for sale is to be treated as a
10429+8 separate contract for sale within the statute of frauds section (IC
10430+9 26-2-2-201) (IC 26-1-2-201) and as contradicting the sale aspect of the
10431+10 contract within the provisions of IC 26-1-2-202 on parol or extrinsic
10432+11 evidence.
10433+12 SECTION 220. IC 28-1-3.1-18 IS AMENDED TO READ AS
10434+13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. Upon presentation
10435+14 of the articles of dissolution as provided in section 17 of this chapter,
10436+15 the secretary of state shall:
10437+16 (1) endorse his the secretary of state's approval upon each of the
10438+17 triplicate copies of the articles if he the secretary of state finds
10439+18 that they conform to law; and
10440+19 (2) when all fees have been paid as required by law:
10441+20 (A) file one (1) copy of the articles in his the secretary of
10442+21 state's office;
10443+22 (B) issue a certificate of dissolution to the department; and
10444+23 (C) return the certificate of dissolution to the department,
10445+24 together with two (2) copies of the articles of dissolution
10446+25 bearing the endorsement of his the secretary of state's
10447+26 approval.
10448+27 SECTION 221. IC 28-8-4.1-1203, AS ADDED BY P.L.198-2023,
10449+28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10450+29 JULY 1, 2025]: Sec. 1203. (a) A person licensed in Indiana to engage
10451+30 in the business of money transmission under IC 24-8-4 IC 28-8-4
10452+31 (before its repeal on January 1, 2024) is not subject to the provisions of
10453+32 this chapter, to the extent that the provisions of this chapter:
10454+33 (1) conflict with IC 24-8-4 IC 28-8-4 (before its repeal on January
10455+34 1, 2024); or
10456+35 (2) establish new requirements not imposed under IC 24-8-4
10457+36 IC 28-8-4 (before its repeal on January 1, 2024);
10458+37 until after December 31, 2023.
10459+38 (b) Notwithstanding subsection (a), a person licensed in Indiana to
10460+39 engage in the business of money transmission under IC 24-8-4
10461+40 IC 28-8-4 (before its repeal on January 1, 2024) shall be required to
10462+41 amend its authorized delegated contracts so that such contracts comply
10463+42 with this chapter only with respect to contracts entered into or amended
10464+EH 1050—LS 6050/DI 112 244
10465+1 after December 31, 2023.
10466+2 (c) Nothing in this section shall be construed as limiting an
10467+3 authorized delegate's obligations to operate in full compliance with this
10468+4 chapter, as required by section 801(c) of this chapter, after December
10469+5 31, 2023.
10470+6 SECTION 222. IC 29-1-7-16.5, AS ADDED BY P.L.38-2023,
10471+7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10472+8 JULY 1, 2025]: Sec. 16.5. (a) A testator or a testator's agent at the
10473+9 testator's direction may send a written notice under this section to the
10474+10 following:
10475+11 (1) Any person named as a beneficiary in the testator's will.
10476+12 (2) Any person who would be entitled to inherit from the testator
10477+13 under IC 29-1-2-1 if the testator died intestate on the date the
10478+14 notice is received.
10479+15 (3) Any person who the testator wishes to bar from contesting the
10480+16 validity of the testator's will under this chapter.
10481+17 (b) If a testator's will includes a provision exercising a power of
10482+18 appointment, the testator or the testator's agent acting at the testator's
10483+19 direction may send a written notice that complies with this section to
10484+20 the following:
10485+21 (1) Any person named in the exercise of the power of
10486+22 appointment as a beneficiary.
10487+23 (2) Any person who would be entitled to receive property for
10488+24 which the testator exercises the power of appointment if the
10489+25 testator failed to validly exercise the power of appointment.
10490+26 (3) A trustee of a trust holding property subject to the power of
10491+27 appointment.
10492+28 (4) A person the testator wishes to be bound to the validity of the
10493+29 exercise of the power of appointment under the testator's will.
10494+30 (c) A testator or a testator's agent must send a written notice under
10495+31 this section to a recipient described in subsection (a) in accordance
10496+32 with Rules 4.1 through 4.6 of the Indiana Rules of Trial Procedure.
10497+33 (d) A written notice under this section must include the following:
10498+34 (1) A copy of the testator's will.
10499+35 (2) The name and address of each person to whom the testator has
10500+36 sent the written notice.
10501+37 (e) A person who wishes to contest the validity of the will must file
10502+38 a proceeding to contest the will within ninety (90) days after the receipt
10503+39 of the notice, unless the testator dies before the ninety (90) day period
10504+40 has elapsed.
10505+41 (f) Transmission of notice under this section to a recipient at the
10506+42 recipient's last known address is prima facie evidence that notice was
10507+EH 1050—LS 6050/DI 112 245
10508+1 received, unless controverted by competent evidence to the contrary.
10509+2 A person is deemed to have received a written notice under this section
10510+3 if the written notice was sent to any person who under IC 29-1-1-20
10511+4 may represent and bind that person.
10512+5 (g) A person who receives a written notice under this section and
10513+6 wishes to contest the will or the testator's exercise of a power of
10514+7 appointment must file a proceeding in the court that would have subject
10515+8 matter jurisdiction of the testator's will, as a separate cause of action,
10516+9 not later than ninety (90) days after the person's receipt of the written
10517+10 notice.
10518+11 (h) A proceeding to contest filed under subsection (g) must name
10519+12 the following persons, if the persons exist or are living, as party
10520+13 defendants:
10521+14 (1) The testator.
10522+15 (2) The testator's spouse.
10523+16 (3) Any person who would be entitled to inherit under IC 29-1-2-1
10524+17 if the testator died intestate on the date of the written notice sent
10525+18 under this section.
10526+19 (4) Beneficiaries named or who are discernable discernible as
10527+20 part of a class identified in the will.
10528+21 (5) The primary personal representative nominated in the will.
10529+22 (6) Any person who was sent a written notice under this section.
10530+23 (i) A proceeding filed under subsection (g) must allege at least one
10531+24 (1) of the following:
10532+25 (1) The will does not meet the requirements for the execution of
10533+26 a valid will under IC 29-1-5-3 or IC 29-1-21-4.
10534+27 (2) The testator was of unsound mind at the time the will was
10535+28 executed.
10536+29 (3) The will was unduly executed.
10537+30 (4) The will was executed under duress or was obtained by fraud.
10538+31 (5) Any other objection to the validity of the will, the probate of
10539+32 the will, or the testator's exercise of a power of appointment.
10540+33 (j) If:
10541+34 (1) a testator resided in Indiana at the time of death;
10542+35 (2) a notice sent under subsection (c) was received by a person;
10543+36 (3) ninety (90) days or more have passed after the person received
10544+37 the notice before the testator's death; and
10545+38 (4) the person did not file a will contest under this section within
10546+39 ninety (90) days after the person's receipt of the notice;
10547+40 that person is barred from filing a proceeding under section 17 of this
10548+41 chapter or under this section. That person may not seek relief as a
10549+42 co-plaintiff or intervenor in a proceeding commenced by another
10550+EH 1050—LS 6050/DI 112 246
10551+1 person under section 17 of this chapter or this section.
10552+2 (k) If the testator dies before the end of the ninety (90) day period
10553+3 under subsection (e), the bar and limitation set forth under subsection
10554+4 (g) do not apply to the testator's will that was disclosed under
10555+5 subsection (d), and section 17 of this chapter applies to a will contest
10556+6 after the entry of an order admitting a will of the testator to probate.
10557+7 (l) If the ninety (90) day period described in subsection (e) has not
10558+8 expired as of the date of the death of the testator, the bar and limitation
10559+9 under subsection (g) do not apply to the testator's will that was
10560+10 disclosed in the written notice.
10561+11 (m) The failure of a testator to use the procedures or adhere to the
10562+12 requirements of this section may not be offered or cited as evidence
10563+13 that a will is not valid.
10564+14 (n) Nothing in this section precludes a testator who provides a
10565+15 written notice under this section from executing a later will or codicil,
10566+16 but the written notice sent with respect to an earlier will or a
10567+17 proceeding under this section has no effect on a determination of the
10568+18 validity of the later will or codicil.
10569+19 (o) Nothing in this section shall be construed as abrogating the right
10570+20 or cutting short the time period for a spouse to seek an elective share
10571+21 under IC 29-1-3-1.
10572+22 SECTION 223. IC 31-27-2-4, AS AMENDED BY P.L.93-2024,
10573+23 SECTION 204, IS AMENDED TO READ AS FOLLOWS
10574+24 [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The department shall adopt
10575+25 rules under IC 4-22-2 concerning the licensing and inspection of:
10576+26 (1) child caring institutions, foster family homes, group homes,
10577+27 and child placing agencies after consultation with the: following:
10578+28 (A) Indiana department of health; and
10579+29 (B) fire prevention and building safety commission; and
10580+30 (2) child caring institutions and group homes that are licensed for
10581+31 infants and toddlers after consultation with the division of family
10582+32 resources.
10583+33 (b) The rules adopted under subsection (a) shall be applied by the
10584+34 department and state fire marshal in the licensing and inspection of
10585+35 applicants for a license and licensees under this article.
10586+36 (c) The rules adopted under IC 4-22-2 must establish minimum
10587+37 standards for the care and treatment of children in a secure private
10588+38 facility.
10589+39 (d) The rules described in subsection (c) must include standards
10590+40 governing the following:
10591+41 (1) Admission criteria.
10592+42 (2) General physical and environmental conditions.
10593+EH 1050—LS 6050/DI 112 247
10594+1 (3) Services and programs to be provided to confined children.
10595+2 (4) Procedures for ongoing monitoring and discharge planning.
10596+3 (5) Procedures for the care and control of confined persons that
10597+4 are necessary to ensure the health, safety, and treatment of
10598+5 confined children.
10599+6 (e) The department shall license a facility as a secure private facility
10600+7 if the facility:
10601+8 (1) meets the minimum standards required under subsection (c);
10602+9 (2) provides a continuum of care and services; and
10603+10 (3) is licensed under IC 31-27-3.
10604+11 (f) A waiver of the rules may not be granted for treatment and
10605+12 reporting requirements.
10606+13 SECTION 224. IC 33-38-9.5-2.5, AS ADDED BY P.L.42-2024,
10607+14 SECTION 154, IS AMENDED TO READ AS FOLLOWS
10608+15 [EFFECTIVE JULY 1, 2025]: Sec. 2.5. (a) Except as provided in
10609+16 subsection (e), a member of the advisory council is not entitled to the
10610+17 minimum salary per diem provided by IC 4-10-11-2.1(b).
10611+18 (b) A member of the advisory council who is a state employee is
10612+19 entitled to reimbursement for traveling expenses as provided under
10613+20 IC 4-13-1-4 and other expenses actually incurred in connection with
10614+21 the member's duties as provided in the state policies and procedures
10615+22 established by the Indiana department of administration and approved
10616+23 by the budget agency.
10617+24 (c) A member of the advisory council who is not a state employee
10618+25 is entitled to reimbursement for mileage, traveling expenses as
10619+26 provided under IC 4-13-1-4, and other expenses actually incurred in
10620+27 connection with the member's duties as provided in the state policies
10621+28 and procedures established by the Indiana department of administration
10622+29 and approved by the budget agency.
10623+30 (d) Except as provided in subsection (e), the expenses of the
10624+31 advisory council shall be paid by the office of judicial administration
10625+32 from funds appropriated to the office of judicial administration for the
10626+33 administrative costs of the justice reinvestment advisory council.
10627+34 (e) Each member of the advisory council who is a member of the
10628+35 general assembly is entitled to receive the same per diem, mileage, and
10629+36 travel allowances paid to legislative members of interim study
10630+37 committees established by the legislative council. Per diem, mileage,
10631+38 and travel allowances paid under this subsection shall be paid from
10632+39 appropriations made to the legislative council or the legislative services
10633+40 agency.
10634+41 SECTION 225. IC 33-40-6-5, AS AMENDED BY P.L.111-2024,
10635+42 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10636+EH 1050—LS 6050/DI 112 248
10637+1 JULY 1, 2025]: Sec. 5. (a) As used in this section, "commission"
10638+2 means the Indiana commission on court appointed attorneys established
10639+3 by IC 33-40-5-2.
10640+4 (b) Except as provided under section 6 of this chapter, upon
10641+5 certification by a county auditor and a determination by the
10642+6 commission that the request is in compliance with the guidelines and
10643+7 standards set by the commission, the commission shall quarterly
10644+8 authorize an amount of reimbursement due the county or multicounty
10645+9 public defender's office:
10646+10 (1) that is equal to fifty percent (50%) of the county's or
10647+11 multicounty public defender's office's certified expenditures for
10648+12 indigent defense services provided for a defendant against whom
10649+13 the death sentence is sought under IC 35-50-2-9; and
10650+14 (2) except as provided in subsection (c), that is equal to forty
10651+15 percent (40%) of the county's or multicounty public defender's
10652+16 office's certified expenditures for defense services provided in
10653+17 noncapital cases except misdemeanors.
10654+18 The commission shall then certify to the state comptroller the amount
10655+19 of reimbursement owed to a county or multicounty public defender's
10656+20 office under this chapter.
10657+21 (c) This subsection applies to a county that is one (1) of up to twelve
10658+22 (12) counties that shall be selected by the Indiana commission on court
10659+23 appointed attorneys based on population and geographic diversity.
10660+24 Upon certification by a county auditor and a determination by the
10661+25 commission that the request is in compliance with the guidelines and
10662+26 standards set by the commission, the commission may quarterly
10663+27 authorize an amount of reimbursement due the county or multicounty
10664+28 public defender's office that is up to forty percent (40%) of the county's
10665+29 or multicounty public defender's office's certified expenditures for
10666+30 defense services provided in misdemeanor cases. This subsection
10667+31 expires June 30, 2029.
10668+32 (d) The Indiana commission on court appointed attorneys may
10669+33 substitute a county described in subsection (c) with a county with
10670+34 similar population and geographic characteristics if the county
10671+35 described in subsection (c) declines to participate in the misdemeanor
10672+36 reimbursement. If a county is substituted under this subsection, the
10673+37 commission shall publish on its website the replacement county.
10674+38 (e) Upon receiving certification from the commission, the state
10675+39 comptroller shall issue a warrant to the treasurer of state for
10676+40 disbursement to the county or multicounty public defender's office of
10677+41 the amount certified.
10678+42 (f) The commission shall include in its report under
10679+EH 1050—LS 6050/DI 112 249
10680+1 IC 33-40-5-4(a)(5) information regarding requested reimbursements
10681+2 and amounts certified for reimbursements to each county or
10682+3 multicounty public defender's office under subsections (b) and (c).
10683+4 SECTION 226. IC 34-13-3-2.3, AS ADDED BY P.L.6-2018,
10684+5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10685+6 JULY 1, 2025]: Sec. 2.3. This chapter applies to a claim or suit in tort
10686+7 against the following:
10687+8 (1) The host committee for the NCSL 2020 Legislative Summit
10688+9 established under IC 2-5-41-7 (expired).
10689+10 (2) A member of the host committee.
10690+11 (3) The state coordinator of the host committee.
10691+12 SECTION 227. IC 34-13-3-7 IS AMENDED TO READ AS
10692+13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) An offender must
10693+14 file an administrative claim with the department of correction to
10694+15 recover compensation for the loss of the offender's personal property
10695+16 alleged to have occurred during the offender's confinement as a result
10696+17 of an act or omission of the department or any of its agents, former
10697+18 officers, employees, or contractors. A claim must be filed within one
10698+19 hundred eighty (180) days after the date of the alleged loss.
10699+20 (b) The department of correction shall evaluate each claim filed
10700+21 under subsection (a) and determine the amount due, if any. If the
10701+22 amount due is not more than five thousand dollars ($5,000), the
10702+23 department shall approve the claim for payment and recommend to the
10703+24 office of the attorney general payment under subsection (c). The
10704+25 department shall submit all claims in which the amount due exceeds
10705+26 five thousand dollars ($5,000), with any recommendation the
10706+27 department considers appropriate, to the office of the attorney general.
10707+28 The attorney general, in acting upon the claim, shall consider
10708+29 recommendations of the department to determine whether to deny the
10709+30 claim or recommend the claim to the governor for approval of payment.
10710+31 (c) Payment of claims under this section shall be made in the same
10711+32 manner as payment of claims under IC 34-4-16.5-22. sections 24 and
10712+33 25 of this chapter.
10713+34 (d) The department of correction shall adopt rules under IC 4-22-2
10714+35 necessary to carry out this section.
10715+36 SECTION 228. IC 34-30-2.1-525.2 IS ADDED TO THE INDIANA
10716+37 CODE AS A NEW SECTION TO READ AS FOLLOWS
10717+38 [EFFECTIVE JULY 1, 2025]: Sec. 525.2. IC 32-21-16.5-6
10718+39 (Concerning a homeowner for nullifying an agreement with an
10719+40 unlicensed real estate solicitor).
10720+41 SECTION 229. IC 35-31.5-2-10, AS AMENDED BY P.L.109-2015,
10721+42 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10722+EH 1050—LS 6050/DI 112 250
10723+1 JULY 1, 2025]: Sec. 10. "Advisory sentence", for purposes of
10724+2 IC 35-50-1-2, IC 35-50-2 and this chapter, has the meaning set forth in
10725+3 IC 35-50-2-1.3.
10726+4 SECTION 230. IC 35-47-2-3, AS AMENDED BY P.L.9-2024,
10727+5 SECTION 538, IS AMENDED TO READ AS FOLLOWS
10728+6 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) A person who is at least
10729+7 eighteen (18) years of age and is not otherwise prohibited from carrying
10730+8 or possessing a handgun under state or federal law is not required to
10731+9 obtain or possess a license or permit from the state to carry a handgun
10732+10 in Indiana. A person who wishes to carry a firearm in another state
10733+11 under a reciprocity agreement entered into by this state and another
10734+12 state may obtain a license to carry a handgun in Indiana under this
10735+13 chapter by applying as follows:
10736+14 (1) If the applicant is a resident of this state:
10737+15 (A) to the chief of police or corresponding law enforcement
10738+16 officer of the municipality in which the applicant resides; or
10739+17 (B) if that municipality has no such officer, or if the applicant
10740+18 does not reside in a municipality, to the sheriff of the county
10741+19 in which the applicant resides after the applicant has obtained
10742+20 an application form prescribed by the superintendent.
10743+21 (2) If the applicant is a resident of another state and has a regular
10744+22 place of business or employment in Indiana, to the sheriff of the
10745+23 county in which the applicant has a regular place of business or
10746+24 employment.
10747+25 The superintendent and local law enforcement agencies shall allow an
10748+26 applicant desiring to obtain or renew a license to carry a handgun to
10749+27 submit an application electronically under this chapter if funds are
10750+28 available to establish and maintain an electronic application system.
10751+29 (b) This subsection applies before July 1, 2020. The law
10752+30 enforcement agency which accepts an application for a handgun license
10753+31 shall collect the following application fees:
10754+32 (1) From a person applying for a four (4) year handgun license, a
10755+33 ten dollar ($10) application fee, five dollars ($5) of which shall be
10756+34 refunded if the license is not issued.
10757+35 (2) From a person applying for a lifetime handgun license who
10758+36 does not currently possess a valid Indiana handgun license, a fifty
10759+37 dollar ($50) application fee, thirty dollars ($30) of which shall be
10760+38 refunded if the license is not issued.
10761+39 (3) From a person applying for a lifetime handgun license who
10762+40 currently possesses a valid Indiana handgun license, a forty dollar
10763+41 ($40) application fee, thirty dollars ($30) of which shall be
10764+42 refunded if the license is not issued.
10765+EH 1050—LS 6050/DI 112 251
10766+1 Except as provided in subsection (j), the fee shall be deposited into the
10767+2 law enforcement agency's firearms training fund or other appropriate
10768+3 training activities fund and used by the agency to train law enforcement
10769+4 officers in the proper use of firearms or in other law enforcement
10770+5 duties, or to purchase firearms, firearm related equipment, or body
10771+6 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
10772+7 employed by the law enforcement agency. The state board of accounts
10773+8 shall establish rules for the proper accounting and expenditure of funds
10774+9 collected under this subsection.
10775+10 (c) This subsection applies after June 30, 2020, and before July 1,
10776+11 2021. The law enforcement agency which accepts an application for a
10777+12 handgun license shall not collect a fee from a person applying for a five
10778+13 (5) year handgun license and shall collect the following application
10779+14 fees:
10780+15 (1) From a person applying for a lifetime handgun license who
10781+16 does not currently possess a valid Indiana handgun license, a fifty
10782+17 dollar ($50) application fee, thirty dollars ($30) of which shall be
10783+18 refunded if the license is not issued.
10784+19 (2) From a person applying for a lifetime handgun license who
10785+20 currently possesses a valid Indiana handgun license, a forty dollar
10786+21 ($40) application fee, thirty dollars ($30) of which shall be
10787+22 refunded if the license is not issued.
10788+23 Except as provided in subsection (j), the fee shall be deposited into the
10789+24 law enforcement agency's firearms training fund or other appropriate
10790+25 training activities fund and used by the agency to train law enforcement
10791+26 officers in the proper use of firearms or in other law enforcement
10792+27 duties, or to purchase firearms, firearm related equipment, or body
10793+28 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
10794+29 employed by the law enforcement agency. The state board of accounts
10795+30 shall establish rules for the proper accounting and expenditure of funds
10796+31 collected under this subsection.
10797+32 (d) This subsection applies after June 30, 2021. The law
10798+33 enforcement agency which accepts an application for a handgun license
10799+34 shall not collect a fee from a person applying for a handgun license.
10800+35 (e) The officer to whom the application is made shall ascertain the
10801+36 applicant's name, full address, length of residence in the community,
10802+37 whether the applicant's residence is located within the limits of any city
10803+38 or town, the applicant's occupation, place of business or employment,
10804+39 criminal record, if any, and convictions (minor traffic offenses
10805+40 excepted), age, race, sex, nationality, date of birth, citizenship, height,
10806+41 weight, build, color of hair, color of eyes, scars and marks, whether the
10807+42 applicant has previously held an Indiana license to carry a handgun
10808+EH 1050—LS 6050/DI 112 252
10809+1 and, if so, the serial number of the license and year issued, whether the
10810+2 applicant's license has ever been suspended or revoked, and if so, the
10811+3 year and reason for the suspension or revocation, and the applicant's
10812+4 reason for desiring a license. If the applicant is not a United States
10813+5 citizen, the officer to whom the application is made shall ascertain the
10814+6 applicant's country of citizenship, place of birth, and any alien or
10815+7 admission number issued by the United States Citizenship and
10816+8 Immigration Services or United States Customs and Border Protection
10817+9 or any successor agency as applicable. The officer to whom the
10818+10 application is made shall conduct an investigation into the applicant's
10819+11 official records and verify thereby the applicant's character and
10820+12 reputation, and shall in addition verify for accuracy the information
10821+13 contained in the application, and shall forward this information
10822+14 together with the officer's recommendation for approval or disapproval
10823+15 and one (1) set of legible and classifiable fingerprints of the applicant
10824+16 to the superintendent. An investigation conducted under this section
10825+17 must include the consulting of available local, state, and federal
10826+18 criminal history data banks, including the National Instant Criminal
10827+19 Background Check System (NICS), to determine whether possession
10828+20 of a firearm by an applicant would be a violation of state or federal law.
10829+21 (f) The superintendent may make whatever further investigation the
10830+22 superintendent deems necessary. Whenever disapproval is
10831+23 recommended, the officer to whom the application is made shall
10832+24 provide the superintendent and the applicant with the officer's complete
10833+25 and specific reasons, in writing, for the recommendation of
10834+26 disapproval.
10835+27 (g) If it appears to the superintendent that the applicant:
10836+28 (1) has a proper reason for receiving a license to carry a handgun;
10837+29 (2) is of good character and reputation;
10838+30 (3) is a proper person to be licensed; and
10839+31 (4) is:
10840+32 (A) a citizen of the United States; or
10841+33 (B) not a citizen of the United States but is allowed to carry a
10842+34 firearm in the United States under federal law;
10843+35 the superintendent shall issue to the applicant a license to carry a
10844+36 handgun in Indiana. The original license shall be delivered to the
10845+37 licensee. A copy shall be delivered to the officer to whom the
10846+38 application for license was made. A copy shall be retained by the
10847+39 superintendent for at least five (5) years in the case of a five (5) year
10848+40 license. The superintendent may adopt guidelines to establish a records
10849+41 retention policy for a lifetime license. A five (5) year license shall be
10850+42 valid for a period of five (5) years from the date of issue. A lifetime
10851+EH 1050—LS 6050/DI 112 253
10852+1 license is valid for the life of the individual receiving the license. The
10853+2 license of police officers, sheriffs or their deputies, and law
10854+3 enforcement officers of the United States government who have twenty
10855+4 (20) or more years of service shall be valid for the life of these
10856+5 individuals. However, a lifetime license is automatically revoked if the
10857+6 license holder does not remain a proper person.
10858+7 (h) At the time a license is issued and delivered to a licensee under
10859+8 subsection (g), the superintendent shall include with the license
10860+9 information concerning firearms safety rules that:
10861+10 (1) neither opposes nor supports an individual's right to bear
10862+11 arms; and
10863+12 (2) is:
10864+13 (A) recommended by a nonprofit educational organization that
10865+14 is dedicated to providing education on safe handling and use
10866+15 of firearms;
10867+16 (B) prepared by the state police department; and
10868+17 (C) approved by the superintendent.
10869+18 The superintendent may not deny a license under this section because
10870+19 the information required under this subsection is unavailable at the
10871+20 time the superintendent would otherwise issue a license. The state
10872+21 police department may accept private donations or grants to defray the
10873+22 cost of printing and mailing the information required under this
10874+23 subsection.
10875+24 (i) A license to carry a handgun shall not be issued to any person
10876+25 who:
10877+26 (1) has been convicted of a felony;
10878+27 (2) has had a license to carry a handgun suspended, unless the
10879+28 person's license has been reinstated;
10880+29 (3) is under eighteen (18) years of age;
10881+30 (4) is under twenty-three (23) years of age if the person has been
10882+31 adjudicated a delinquent child for an act that would be a felony if
10883+32 committed by an adult;
10884+33 (5) has been arrested for a Class A or Class B felony for an
10885+34 offense committed before July 1, 2014, for a Level 1, Level 2,
10886+35 Level 3, or Level 4 felony for an offense committed after June 30,
10887+36 2014, or any other felony that was committed while armed with
10888+37 a deadly weapon or that involved the use of violence, if a court
10889+38 has found probable cause to believe that the person committed the
10890+39 offense charged;
10891+40 (6) is prohibited by federal law from possessing or receiving
10892+41 firearms under 18 U.S.C. 922(g); or
10893+42 (7) is described in section 1.5 of this chapter, unless exempted by
10894+EH 1050—LS 6050/DI 112 254
10895+1 section 1.5 of this chapter.
10896+2 In the case of an arrest under subdivision (5), a license to carry a
10897+3 handgun may be issued to a person who has been acquitted of the
10898+4 specific offense charged or if the charges for the specific offense are
10899+5 dismissed. The superintendent shall prescribe all forms to be used in
10900+6 connection with the administration of this chapter.
10901+7 (j) If the law enforcement agency that charges a fee under
10902+8 subsection (b) or (c) is a city or town law enforcement agency, the fee
10903+9 shall be deposited in the law enforcement continuing education fund
10904+10 established under IC 5-2-8-2.
10905+11 (k) If a person who holds a valid license to carry a handgun issued
10906+12 under this chapter:
10907+13 (1) changes the person's name;
10908+14 (2) changes the person's address; or
10909+15 (3) experiences a change, including an arrest or a conviction, that
10910+16 may affect the person's status as a proper person (as defined in
10911+17 IC 35-47-1-7) or otherwise disqualify the person from holding a
10912+18 license;
10913+19 the person shall, not later than thirty (30) days after the date of a
10914+20 change described under subdivision (3), and not later than sixty (60)
10915+21 days after the date of the change described under subdivision (1) or (2),
10916+22 notify the superintendent, in writing, of the event described under
10917+23 subdivision (3) or, in the case of a change under subdivision (1) or (2),
10918+24 the person's new name or new address.
10919+25 (l) The state police department shall indicate on the form for a
10920+26 license to carry a handgun the notification requirements of subsection
10921+27 (k).
10922+28 (m) The state police department shall adopt rules under IC 4-22-2
10923+29 to implement an electronic application system under subsection (a).
10924+30 Rules adopted under this section must require the superintendent to
10925+31 keep on file one (1) set of classifiable and legible fingerprints from
10926+32 every person who has received a license to carry a handgun so that a
10927+33 person who applies to renew a license will not be required to submit an
10928+34 additional set of fingerprints.
10929+35 (n) Except as provided in subsection (o), for purposes of
10930+36 IC 5-14-3-4(a)(1), the following information is confidential, may not
10931+37 be published, and is not open to public inspection:
10932+38 (1) Information submitted by a person under this section to:
10933+39 (A) obtain; or
10934+40 (B) renew;
10935+41 a license to carry a handgun.
10936+42 (2) Information obtained by a federal, state, or local government
10937+EH 1050—LS 6050/DI 112 255
10938+1 entity in the course of an investigation concerning a person who
10939+2 applies to:
10940+3 (A) obtain; or
10941+4 (B) renew;
10942+5 a license to carry a handgun issued under this chapter.
10943+6 (3) The name, address, and any other information that may be
10944+7 used to identify a person who holds a license to carry a handgun
10945+8 issued under this chapter.
10946+9 (o) Notwithstanding subsection (n):
10947+10 (1) any information concerning an applicant for or a person who
10948+11 holds a license to carry a handgun issued under this chapter may
10949+12 be released to a:
10950+13 (A) state or local government entity:
10951+14 (i) for law enforcement purposes; or
10952+15 (ii) to determine the validity of a license to carry a handgun;
10953+16 or
10954+17 (B) federal government entity for the purpose of a single entry
10955+18 query of an applicant or license holder who is:
10956+19 (i) a subject of interest in an active criminal investigation; or
10957+20 (ii) arrested for a crime; and
10958+21 (2) general information concerning the issuance of licenses to
10959+22 carry handguns in Indiana may be released to a person conducting
10960+23 journalistic or academic research, but only if all personal
10961+24 information that could disclose the identity of any person who
10962+25 holds a license to carry a handgun issued under this chapter has
10963+26 been removed from the general information.
10964+27 (p) A person who holds a valid license to carry a handgun under this
10965+28 chapter is licensed to carry a handgun in Indiana.
10966+29 (q) A person who knowingly or intentionally violates this section
10967+30 commits a Class B misdemeanor.
10968+31 SECTION 231. IC 35-47-4-5, AS AMENDED BY P.L.28-2023,
10969+32 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10970+33 JULY 1, 2025]: Sec. 5. (a) As used in this section, "serious violent
10971+34 felon" means a person who has been convicted of committing a serious
10972+35 violent felony.
10973+36 (b) As used in this section, "serious violent felony" means:
10974+37 (1) murder (IC 35-42-1-1);
10975+38 (2) attempted murder (IC 35-41-5-1);
10976+39 (3) voluntary manslaughter (IC 35-42-1-3);
10977+40 (4) reckless homicide not committed by means of a vehicle (IC
10978+41 35-42-1-5);
10979+42 (5) battery (IC 35-42-2-1) as a:
10980+EH 1050—LS 6050/DI 112 256
10981+1 (A) Class A felony, Class B felony, or Class C felony, for a
10982+2 crime committed before July 1, 2014; or
10983+3 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
10984+4 felony, for a crime committed after June 30, 2014;
10985+5 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
10986+6 3 felony, Level 4 felony, or Level 5 felony;
10987+7 (7) aggravated battery (IC 35-42-2-1.5);
10988+8 (8) strangulation (IC 35-42-2-9);
10989+9 (9) kidnapping (IC 35-42-3-2);
10990+10 (10) criminal confinement (IC 35-42-3-3);
10991+11 (11) a human or sexual trafficking offense under IC 35-42-3.5;
10992+12 (12) rape (IC 35-42-4-1);
10993+13 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
10994+14 (14) child molesting (IC 35-42-4-3);
10995+15 (15) sexual battery (IC 35-42-4-8) as a:
10996+16 (A) Class C felony, for a crime committed before July 1, 2014;
10997+17 or
10998+18 (B) Level 5 felony, for a crime committed after June 30, 2014;
10999+19 (16) robbery (IC 35-42-5-1);
11000+20 (17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
11001+21 (18) arson (IC 35-43-1-1(a)) as a:
11002+22 (A) Class A felony or Class B felony, for a crime committed
11003+23 before July 1, 2014; or
11004+24 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
11005+25 crime committed after June 30, 2014;
11006+26 (19) burglary (IC 35-43-2-1) as a:
11007+27 (A) Class A felony or Class B felony, for a crime committed
11008+28 before July 1, 2014; or
11009+29 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
11010+30 felony, for a crime committed after June 30, 2014;
11011+31 (20) assisting a criminal (IC 35-44.1-2-5) as a:
11012+32 (A) Class C felony, for a crime committed before July 1, 2014;
11013+33 or
11014+34 (B) Level 5 felony, for a crime committed after June 30, 2014;
11015+35 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
11016+36 (A) Class B felony or Class C felony, for a crime committed
11017+37 before July 1, 2014; or
11018+38 (B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
11019+39 crime committed after June 30, 2014;
11020+40 (22) escape (IC 35-44.1-3-4) as a:
11021+41 (A) Class B felony or Class C felony, for a crime committed
11022+42 before July 1, 2014; or
11023+EH 1050—LS 6050/DI 112 257
11024+1 (B) Level 4 felony or Level 5 felony, for a crime committed
11025+2 after June 30, 2014;
11026+3 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
11027+4 (A) Class C felony, for a crime committed before July 1, 2014;
11028+5 or
11029+6 (B) Level 5 felony, for a crime committed after June 30, 2014;
11030+7 (24) criminal organization intimidation (IC 35-45-9-4);
11031+8 (25) stalking (IC 35-45-10-5) as a:
11032+9 (A) Class B felony or Class C felony, for a crime committed
11033+10 before July 1, 2014; or
11034+11 (B) Level 4 felony or Level 5 felony, for a crime committed
11035+12 after June 30, 2014;
11036+13 (26) incest (IC 35-46-1-3);
11037+14 (27) dealing in or manufacturing cocaine or a narcotic drug (IC
11038+15 35-48-4-1);
11039+16 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
11040+17 manufacturing methamphetamine (IC 35-48-4-1.2);
11041+18 (29) dealing in a schedule I, II, or III controlled substance (IC
11042+19 35-48-4-2);
11043+20 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
11044+21 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
11045+22 or
11046+23 (32) dealing in a controlled substance resulting in death (IC
11047+24 35-42-1-1.5).
11048+25 (c) A serious violent felon who knowingly or intentionally possesses
11049+26 a firearm commits unlawful possession of a firearm by a serious violent
11050+27 felon, a Level 4 felony.
11051+28 SECTION 232. IC 36-1-4-22, AS AMENDED BY P.L.157-2024,
11052+29 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11053+30 JULY 1, 2025]: Sec. 22. (a) As used in this section, "license bond"
11054+31 refers to a surety bond required by a political subdivision as a condition
11055+32 that the political subdivision issue a license or a permit to a person. The
11056+33 term does not refer to a performance bond.
11057+34 (b) If a political subdivision requires a person to post a license bond,
11058+35 a surety bond posted by the person is considered sufficient if the
11059+36 following conditions are satisfied:
11060+37 (1) The bond is written by a surety company authorized to transact
11061+38 business in Indiana.
11062+39 (2) The obligation on the bond is for an amount that is at least the
11063+40 amount required by the political subdivision for the issuance of
11064+41 the particular license or permit. A political subdivision may not
11065+42 require the obligation on a license bond to be more than fifteen
11066+EH 1050—LS 6050/DI 112 258
11067+1 thousand dollars ($15,000).
11068+2 (3) The obligee or obligees named on the bond are any of the
11069+3 following:
11070+4 (A) The political subdivision that requires the license bond.
11071+5 (B) Specifically named political subdivisions in the county that
11072+6 include the name of the political subdivision that requires the
11073+7 license bond.
11074+8 (C) All political subdivisions in the county in which the
11075+9 political subdivision that requires the license bond is located.
11076+10 (D) All political subdivisions of the same kind as the political
11077+11 subdivision that requires the license bond located in the
11078+12 county.
11079+13 (4) The conditions of the bond otherwise comply with the
11080+14 requirements of the ordinance that imposes the license bond
11081+15 condition.
11082+16 (c) A person required to post a license bond satisfies the posting
11083+17 requirement if the person files a copy of the license bond with the
11084+18 political subdivision or appropriate agency of the political subdivision
11085+19 that requires the license bond. A political subdivision may not require
11086+20 that the person record the license bond. In addition, a political
11087+21 subdivision may not impose any other requirement to identify the
11088+22 particular political subdivision as an obligee on the license bond other
11089+23 than what is required in subsection (b)(3).
11090+24 (d) Nothing in this section may be construed to prohibit a political
11091+25 subdivision from requiring a person to meet registration requirements
11092+26 in order to ensure that the person meets professional standards or
11093+27 qualifications necessary for the person to perform the services for
11094+28 which the license bond is required.
11095+29 (e) This subsection does not apply to a person that has had a license
11096+30 bond revoked by a political subdivision located in the same county as
11097+31 the political subdivision that is named an obligee on the licensee
11098+32 license bond within one (1) year prior to the date the political
11099+33 subdivision refused to recognize the license bond that is subject to this
11100+34 subsection. If a license bond meets the requirements described in
11101+35 subsection (b) and a political subdivision that is named as an obligee
11102+36 on the license bond in the manner provided in subsection (b)(3) does
11103+37 not recognize or otherwise allow the obligor to post the license bond to
11104+38 obtain a license or permit, the obligor may initiate a civil action against
11105+39 the political subdivision. In a successful civil action against the
11106+40 political subdivision, the court shall award the obligor an amount equal
11107+41 to:
11108+42 (1) three hundred percent (300%) of the cost of obtaining the
11109+EH 1050—LS 6050/DI 112 259
11110+1 license bond;
11111+2 (2) damages compensating the obligor for the political
11112+3 subdivision's failure to recognize or otherwise allow the obligor
11113+4 to post the license bond; and
11114+5 (3) reasonable attorney's fees.
11115+6 SECTION 233. IC 36-2-2.9-8, AS ADDED BY P.L.139-2024,
11116+7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11117+8 JULY 1, 2025]: Sec. 8. If: the contract:
11118+9 (1) the contract is not disapproved under section 7 of this
11119+10 chapter; and
11120+11 (2) the county executive finds the contract:
11121+12 (A) complies with IC 36-2-2.8; and
11122+13 (B) is otherwise acceptable;
11123+14 the county executive may approve and authorize execution of the
11124+15 contract by the county officer or the county executive.
11125+16 SECTION 234. IC 36-2-2.9-13, AS ADDED BY P.L.139-2024,
11126+17 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11127+18 JULY 1, 2025]: Sec. 13. (a) A county officer must submit the contract
11128+19 to the county auditor not more than ten (10) days after the contract is
11129+20 executed.
11130+21 (b) A contract that is executed by a county officer:
11131+22 (1) under section 12(b)(2) of this chapter; and
11132+23 (2) submitted to the county auditor more than ten (10) days after
11133+24 execution;
11134+25 is voidable by the county executive.
11135+26 SECTION 235. IC 36-4-3-7, AS AMENDED BY P.L.105-2022,
11136+27 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11137+28 JULY 1, 2025]: Sec. 7. (a) After an ordinance is adopted under section
11138+29 3, 4, 5, 5.1, or 5.2 of this chapter, it must be published in the manner
11139+30 prescribed by IC 5-3-1. Except as provided in subsection (b), (c), or (e),
11140+31 in the absence of remonstrance and appeal under section 11 or 15.5 of
11141+32 this chapter, the ordinance takes effect at least ninety (90) days after its
11142+33 publication and upon the filing required by section 22(a) of this
11143+34 chapter.
11144+35 (b) For the purposes of this section, territory that has been:
11145+36 (1) added to an existing fire protection district under
11146+37 IC 36-8-11-11; or
11147+38 (2) approved by ordinance of the county legislative body to be
11148+39 added to an existing fire protection district under IC 36-8-11-11,
11149+40 notwithstanding that the territory's addition to the fire protection
11150+41 district has not yet taken effect;
11151+42 shall be considered a part of the fire protection district as of the date
11152+EH 1050—LS 6050/DI 112 260
11153+1 that the fire protection district was originally established.
11154+2 (c) This subsection applies only to a fire protection district
11155+3 established after July 1, 1987. This subsection does not apply to an
11156+4 annexation under subsection (g). (f). Whenever a municipality annexes
11157+5 territory, all or part of which lies within a fire protection district (IC
11158+6 36-8-11), the annexation ordinance (in the absence of remonstrance
11159+7 and appeal under section 11 or 15.5 of this chapter) takes effect the
11160+8 second January 1 that follows the date the ordinance is adopted and
11161+9 upon the filing required by section 22(a) of this chapter. The
11162+10 municipality shall:
11163+11 (1) provide fire protection to that territory beginning the date the
11164+12 ordinance is effective; and
11165+13 (2) send written notice to the fire protection district of the date the
11166+14 municipality will begin to provide fire protection to the annexed
11167+15 territory within ten (10) days of the date the ordinance is adopted.
11168+16 (d) This subsection applies only to a fire protection district
11169+17 established after July 1, 1987. This subsection does not apply to an
11170+18 annexation under subsection (g). (f). If the fire protection district from
11171+19 which a municipality annexes territory is indebted or has outstanding
11172+20 unpaid bonds or other obligations at the time the annexation is
11173+21 effective, the municipality is liable for and shall pay that indebtedness
11174+22 in the same ratio as the assessed valuation of the property in the
11175+23 annexed territory (that is part of the fire protection district) bears to the
11176+24 assessed valuation of all property in the fire protection district, as
11177+25 shown by the most recent assessment for taxation before the
11178+26 annexation, unless the assessed property within the municipality is
11179+27 already liable for the indebtedness. The annexing municipality shall
11180+28 pay its indebtedness under this section to the board of fire trustees. If
11181+29 the indebtedness consists of outstanding unpaid bonds or notes of the
11182+30 fire protection district, the payments to the board of fire trustees shall
11183+31 be made as the principal or interest on the bonds or notes becomes due.
11184+32 (e) This subsection applies to an annexation initiated by property
11185+33 owners under section 5.1 of this chapter in which all property owners
11186+34 within the area to be annexed petition the municipality to be annexed.
11187+35 Subject to subsection (c), and in the absence of an appeal under section
11188+36 15.5 of this chapter, an annexation ordinance takes effect at least thirty
11189+37 (30) days after its publication and upon the filing required by section
11190+38 22(a) of this chapter.
11191+39 (f) Whenever a municipality annexes territory that lies within a fire
11192+40 protection district that has a total net assessed value (as determined by
11193+41 the county auditor) of more than one billion dollars ($1,000,000,000)
11194+42 on the date the annexation ordinance is adopted:
11195+EH 1050—LS 6050/DI 112 261
11196+1 (1) the annexed area shall remain a part of the fire protection
11197+2 district after the annexation takes effect; and
11198+3 (2) the fire protection district shall continue to provide fire
11199+4 protection services to the annexed area.
11200+5 The municipality shall not tax the annexed territory for fire protection
11201+6 services. The annexing municipality shall establish a special fire fund
11202+7 for all fire protection services that are provided by the municipality
11203+8 within the area of the municipality that is not within the fire protection
11204+9 district, and which shall not be assessed to the annexed special taxing
11205+10 district. The annexed territory that lies within the fire protection district
11206+11 shall continue to be part of the fire protection district special taxing
11207+12 district.
11208+13 SECTION 236. IC 36-4-3-7.2, AS ADDED BY P.L.23-2022,
11209+14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11210+15 JULY 1, 2025]: Sec. 7.2. (a) This section applies to an annexation that
11211+16 satisfies all of the following:
11212+17 (1) The annexation ordinance is adopted after December 31,
11213+18 2020.
11214+19 (2) The annexation is initiated by property owners under section
11215+20 5.1 of this chapter in which all property owners within the
11216+21 annexation territory petition the municipality to be annexed.
11217+22 (3) All or part of the annexation territory is within a fire
11218+23 protection district that was established after July 1, 1987.
11219+24 (4) At least a majority of the members of the board of trustees of
11220+25 the fire protection district adopt a resolution consenting to the
11221+26 annexation.
11222+27 (5) The portion of the annexation territory located within the fire
11223+28 protection district constitutes less than three percent (3%) of the
11224+29 total net assessed value (as determined by the county auditor) of
11225+30 the fire protection district on the date the annexation ordinance is
11226+31 adopted.
11227+32 (b) Section 7(b) 7(c), and 7(e) and 7(d) of this chapter apply to an
11228+33 annexation under this section.
11229+34 (c) Section 7(a), 7(d), 7(f), and 7(g) 7(c), 7(e), and 7(f) of this
11230+35 chapter do not apply to an annexation under this section.
11231+36 (d) After an annexation ordinance is adopted, the ordinance must be
11232+37 published in the manner prescribed by IC 5-3-1. In the absence of an
11233+38 appeal under section 15.5 of this chapter, the annexation ordinance
11234+39 takes effect at least thirty (30) days after its publication and upon the
11235+40 filing required by section 22(a) of this chapter.
11236+41 SECTION 237. IC 36-4-3-11.4, AS ADDED BY P.L.228-2015,
11237+42 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11238+EH 1050—LS 6050/DI 112 262
11239+1 JULY 1, 2025]: Sec. 11.4. (a) This section applies only to an
11240+2 annexation that the meets all of the following requirements:
11241+3 (1) The annexation ordinance is adopted after December 31,
11242+4 2016.
11243+5 (2) Notwithstanding the contiguity requirements of section 1.5 of
11244+6 this chapter, at least one-tenth (1/10) of the aggregate external
11245+7 boundaries of the territory sought to be annexed coincides with
11246+8 the boundaries of:
11247+9 (A) the municipality; and
11248+10 (B) the site of an economic development project.
11249+11 (b) As used in this section, "economic development project" means
11250+12 any project developed by the municipality that meets all of the
11251+13 following requirements:
11252+14 (1) The annexing municipality determines that the project will:
11253+15 (A) promote significant opportunities for the gainful
11254+16 employment of its citizens;
11255+17 (B) attract a major new business enterprise to the municipality;
11256+18 or
11257+19 (C) retain or expand a significant business enterprise within
11258+20 the municipality.
11259+21 (2) The project involves expenditures by the annexing
11260+22 municipality for any of the following:
11261+23 (A) Land acquisition, interests in land, site improvements,
11262+24 infrastructure improvements, buildings, or structures.
11263+25 (B) Rehabilitation, renovation, and enlargement of buildings
11264+26 and structures.
11265+27 (C) Machinery, equipment, furnishings, or facilities.
11266+28 (D) Substance removal or remedial action.
11267+29 (c) Notwithstanding section 11.3(b) of this chapter, even if a
11268+30 remonstrance has enough signatures to satisfy the requirements of
11269+31 section 11.3(b) of this chapter, the annexation ordinance is not void and
11270+32 may be appealed to the court under section 11 of this chapter, if all of
11271+33 the following requirements are met:
11272+34 (1) The economic development project site needs the following
11273+35 capital services that the municipality is lawfully able to provide:
11274+36 (A) water;
11275+37 (B) sewer;
11276+38 (C) gas; or
11277+39 (D) any combination of the capital services described in
11278+40 clauses (A) through (C).
11279+41 (2) The municipality finds that it is in the municipality's best
11280+42 interest to annex the annexation territory in order to extend,
11281+EH 1050—LS 6050/DI 112 263
11282+1 construct, or operate the capital services that are provided to the
11283+2 economic development project site.
11284+3 (3) Before the date the annexation ordinance is adopted, a
11285+4 taxpayer whose business will occupy the economic development
11286+5 project site has done at least one (1) of the following:
11287+6 (A) Filed a statement of benefits under IC 6-1.1-12.1 with the
11288+7 designating body for the annexing municipality for a deduction
11289+8 or abatement.
11290+9 (B) Entered into an agreement with the Indiana economic
11291+10 development corporation for a credit under IC 6-3.1-13.
11292+11 (d) If the economic development project:
11293+12 (1) has not commenced within twelve (12) months after the date
11294+13 the annexation ordinance is adopted; or
11295+14 (2) is not completed within thirty-six (36) months after the date
11296+15 the annexation ordinance is adopted;
11297+16 the annexation territory is disannexed from the municipality and reverts
11298+17 to the jurisdiction of the unit having jurisdiction before the annexation.
11299+18 For purposes of this subsection, a an economic development project is
11300+19 considered to have commenced on the day that the physical erection,
11301+20 installation, alteration, repair, or remodeling of a building or structure
11302+21 commences on the site of the economic development project.
11303+22 SECTION 238. IC 36-7-40-14, AS ADDED BY P.L.169-2024,
11304+23 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11305+24 JULY 1, 2025]: Sec. 14. If the legislative body of a city has adopted an
11306+25 ordinance to establish an economic enhancement district under this
11307+26 chapter before March 15, 2024 (the effective date of HEA 1199-2024,
11308+27 P.L.169-2024), that ordinance shall be void, but may be revised and
11309+28 reenacted by the legislative body of the city by the adoption of a new
11310+29 ordinance under section 4 of this chapter, which must comply with the
11311+30 provisions of this chapter as amended by HEA 1199-2024.
11312+31 P.L.169-2024.
11313+32 SECTION 239. IC 36-8-16.7-0.5 IS ADDED TO THE INDIANA
11314+33 CODE AS A NEW SECTION TO READ AS FOLLOWS
11315+34 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. (a) As used in this chapter,
11316+35 "911 service" means a communications service that uses the three
11317+36 (3) digit number 911 to send:
11318+37 (1) automatic number identification or its functional
11319+38 equivalent or successor; and
11320+39 (2) automatic location information or its functional equivalent
11321+40 or successor;
11322+41 for reporting police, fire, medical, or other emergency situations.
11323+42 (b) The term includes both Phase I and Phase II enhanced 911
11324+EH 1050—LS 6050/DI 112 264
11325+1 services, as described in 47 CFR 9.10.
11326+2 SECTION 240. IC 36-8-16.7-9 IS REPEALED [EFFECTIVE JULY
11327+3 1, 2025]. Sec. 9. (a) As used in this chapter, "911 service" means a
11328+4 communications service that uses the three (3) digit number 911 to
11329+5 send:
11330+6 (1) automatic number identification or its functional equivalent or
11331+7 successor; and
11332+8 (2) automatic location information or its functional equivalent or
11333+9 successor;
11334+10 for reporting police, fire, medical, or other emergency situations.
11335+11 (b) The term includes both Phase I and Phase II enhanced 911
11336+12 services, as described in 47 CFR 20.18.
11337+13 SECTION 241. [EFFECTIVE UPON PASSAGE] (a) This act may
11338+14 be referred to as the "technical corrections bill of the 2025 general
11339+15 assembly".
11340+16 (b) The phrase "technical corrections bill of the 2025 general
11341+17 assembly" may be used in the lead-in line of a SECTION of an act
11342+18 other than this act to identify provisions added, amended, or
11343+19 repealed by this act that are also amended or repealed in the other
11344+20 act.
11345+21 (c) This SECTION expires December 31, 2025.
11346+22 SECTION 242. [EFFECTIVE UPON PASSAGE] (a) This
11347+23 SECTION applies to publication of the following:
11348+24 (1) A provision of the Indiana Code that is:
11349+25 (A) added or amended by this act; and
11350+26 (B) repealed by another act without recognizing the
11351+27 existence of the amendment made by this act by an
11352+28 appropriate reference in the lead-in line of the SECTION
11353+29 of the other act repealing the same provision of the Indiana
11354+30 Code.
11355+31 (2) A provision of the Indiana Code that is:
11356+32 (A) amended by this act; and
11357+33 (B) amended by another act without recognizing the
11358+34 existence of the amendment made by this act by an
11359+35 appropriate reference in the lead-in line of the SECTION
11360+36 of the other act amending the same provision of the
11361+37 Indiana Code.
11362+38 (b) As used in this SECTION, "other act" refers to an act
11363+39 enacted in the 2025 session of the general assembly other than this
11364+40 act. "Another act" has a corresponding meaning.
11365+41 (c) Except as provided in subsections (d) and (e), a provision
11366+42 repealed by another act shall be considered repealed, regardless of
11367+EH 1050—LS 6050/DI 112 265
11368+1 whether there is a difference in the effective date of the provision
11369+2 added or amended by this act and the provision repealed by the
11370+3 other act. Except as provided in subsection (d), the lawful
11371+4 compilers of the Indiana Code, in publishing the affected Indiana
11372+5 Code provision, shall publish only the version of the Indiana Code
11373+6 provision that is repealed by the other act. The history line for an
11374+7 Indiana Code provision that is repealed by the other act must
11375+8 reference that act.
11376+9 (d) This subsection applies if a provision described in subsection
11377+10 (a) that is added or amended by this act takes effect before the
11378+11 corresponding provision repeal in the other act. The lawful
11379+12 compilers of the Indiana Code, in publishing the provision added
11380+13 or amended in this act, shall publish that version of the provision
11381+14 and note that the provision is effective until the effective date of the
11382+15 corresponding provision repeal in the other act. On and after the
11383+16 effective date of the corresponding provision repeal in the other
11384+17 act, the provision repealed by the other act shall be considered
11385+18 repealed, regardless of whether there is a difference in the effective
11386+19 date of the provision added or amended by this act and the
11387+20 provision repealed by the other act. The lawful compilers of the
11388+21 Indiana Code, in publishing the affected Indiana Code provision,
11389+22 shall publish the version of the Indiana Code provision that is
11390+23 repealed by the other act, and shall note that this version of the
11391+24 provision is effective on the effective date of the repealed provision
11392+25 of the other act.
11393+26 (e) If, during the same year, two (2) or more other acts repeal
11394+27 the same Indiana Code provision as the Indiana Code provision
11395+28 added or amended by this act, the lawful compilers of the Indiana
11396+29 Code, in publishing the Indiana Code provision, shall follow the
11397+30 principles set forth in this SECTION.
11398+31 (f) Except as provided in subsections (g) and (h), a provision
11399+32 amended by another act that includes all amendments made to the
11400+33 provision by this act shall be published in the Indiana Code only in
11401+34 the version of the provision amended by the other act. The history
11402+35 line for an Indiana Code provision that is amended by the other act
11403+36 must reference that act.
11404+37 (g) This subsection applies if a provision in this act described in
11405+38 subsection (f) takes effect before the corresponding provision in the
11406+39 other act. The lawful compilers of the Indiana Code, in publishing
11407+40 the provision amended in this act, shall publish this version of the
11408+41 provision and note that the provision is effective until the effective
11409+42 date of the corresponding provision in the other act. The lawful
11410+EH 1050—LS 6050/DI 112 266
11411+1 compilers of the Indiana Code, in publishing the corresponding
11412+2 provision in the other act, shall publish that version of the
11413+3 provision and note that the provision is effective on and after the
11414+4 effective date of the provision in the other act.
11415+5 (h) If, during the same year, two (2) or more other acts amend
11416+6 the same Indiana Code provision as the Indiana Code provision
11417+7 amended by this act, the lawful compilers of the Indiana Code, in
11418+8 publishing the Indiana Code provision, shall follow the principles
11419+9 set forth in this SECTION.
11420+10 (i) This SECTION expires December 31, 2025.
11421+11 SECTION 243. An emergency is declared for this act.
11422+EH 1050—LS 6050/DI 112 267
11423+COMMITTEE REPORT
11424+Mr. Speaker: Your Committee on Judiciary, to which was referred
11425+House Bill 1050, has had the same under consideration and begs leave
11426+to report the same back to the House with the recommendation that said
11427+bill do pass.
11428+(Reference is to HB 1050 as introduced.)
11429+JETER
11430+Committee Vote: Yeas 13, Nays 0
11431+_____
11432+COMMITTEE REPORT
11433+Mr. President: The Senate Committee on Judiciary, to which was
11434+referred House Bill No. 1050, has had the same under consideration
11435+and begs leave to report the same back to the Senate with the
11436+recommendation that said bill DO PASS.
11437+ (Reference is to HB 1050 as printed January 21, 2025.)
11438+
11439+BROWN L, Chairperson
11440+Committee Vote: Yeas 9, Nays 0
11441+EH 1050—LS 6050/DI 112