15 | | - | SECTION 1. IC 4-6-2-1.5, AS AMENDED BY P.L.184-2023, |
---|
16 | | - | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
17 | | - | JULY 1, 2025]: Sec. 1.5. (a) Whenever any state governmental official |
---|
18 | | - | or employee, whether elected or appointed, is made a party to a suit, |
---|
19 | | - | and the attorney general determines that said suit has arisen out of an |
---|
20 | | - | act which such official or employee in good faith believed to be within |
---|
21 | | - | the scope of the official's or employee's duties as prescribed by statute |
---|
22 | | - | or duly adopted regulation, the attorney general shall defend such |
---|
23 | | - | person throughout such action. |
---|
24 | | - | (b) Whenever a teacher (as defined in IC 20-18-2-22) is made a |
---|
25 | | - | party to a civil suit, and the attorney general determines that the suit |
---|
26 | | - | has arisen out of an act that the teacher in good faith believed was |
---|
27 | | - | within the scope of the teacher's duties in enforcing discipline policies |
---|
28 | | - | developed under IC 20-33-8-12, the attorney general shall defend the |
---|
29 | | - | teacher throughout the action. |
---|
30 | | - | (c) Not later than July 30 of each year, the attorney general, in |
---|
31 | | - | consultation with the Indiana education employment relations board |
---|
32 | | - | established in IC 20-29-3-1, shall draft and disseminate a letter by first |
---|
33 | | - | class electronic mail to the residence listed electronic mail address |
---|
34 | | - | of teachers providing a summary of the teacher's rights and protections |
---|
35 | | - | under state and federal law, including a teacher's rights and protections |
---|
36 | | - | HEA 1220 2 |
---|
37 | | - | relating to the teacher's performance evaluation under IC 20-28-11.5. |
---|
38 | | - | (d) The department of education, in consultation with the Indiana |
---|
39 | | - | education employment relations board, shall develop a method to |
---|
40 | | - | provide the attorney general with the names and electronic mail |
---|
41 | | - | addresses of active teachers in Indiana in order for the attorney general |
---|
42 | | - | to disseminate the letter described in subsection (c). Names and |
---|
43 | | - | electronic mail addresses collected and provided to the attorney |
---|
44 | | - | general under this subsection are confidential and excepted from public |
---|
45 | | - | disclosure as provided in IC 5-14-3-4. |
---|
46 | | - | (e) Whenever a school corporation (as defined in IC 20-26-2-4) is |
---|
47 | | - | made a party to a civil suit and the attorney general determines that the |
---|
48 | | - | suit has arisen out of an act authorized under IC 20-30-5-0.5 or |
---|
49 | | - | IC 20-30-5-4.5, the attorney general shall defend the school corporation |
---|
50 | | - | throughout the action. |
---|
51 | | - | (f) As used in this subsection, "bridge authority" refers to the New |
---|
52 | | - | Harmony and Wabash River bridge authority established by |
---|
53 | | - | IC 8-16-15.5-2. Whenever: |
---|
54 | | - | (1) the bridge authority; |
---|
55 | | - | (2) a member of the bridge authority; |
---|
56 | | - | (3) an officer of the bridge authority; or |
---|
57 | | - | (4) an employee of the bridge authority; |
---|
58 | | - | is made a party to a civil suit and the attorney general determines that |
---|
59 | | - | the suit has arisen out of an act or omission of any person described in |
---|
60 | | - | subdivision (1), (2), (3), or (4), that is authorized or required under |
---|
61 | | - | IC 8-16-15.5 or any other law, the attorney general shall defend that |
---|
62 | | - | person throughout the action. |
---|
63 | | - | (g) A determination by the attorney general under subsection (a), |
---|
64 | | - | (b), (e), or (f) shall not be admitted as evidence in the trial of any such |
---|
65 | | - | civil action for damages. |
---|
66 | | - | (h) Nothing in this chapter shall be construed to deprive any such |
---|
67 | | - | person of the person's right to select counsel of the person's own choice |
---|
68 | | - | at the person's own expense. |
---|
69 | | - | SECTION 2. IC 32-34-1.5-25, AS ADDED BY P.L.141-2021, |
---|
70 | | - | SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
71 | | - | JULY 1, 2025]: Sec. 25. (a) The attorney general shall give notice to an |
---|
72 | | - | apparent owner that property presumed abandoned and appearing to be |
---|
73 | | - | owned by the apparent owner is held by the attorney general under this |
---|
74 | | - | chapter by |
---|
75 | | - | (1) publishing once per year in at least one (1) newspaper of |
---|
76 | | - | general circulation to each county of the state notice of property |
---|
77 | | - | with a value greater than one hundred dollars ($100) held by the |
---|
78 | | - | attorney general, which must include: |
---|
79 | | - | HEA 1220 3 |
---|
80 | | - | (A) the name of each apparent owner residing in the county, as |
---|
81 | | - | set forth in the report filed by the holder; |
---|
82 | | - | (B) the last known address or location of each apparent owner |
---|
83 | | - | residing in the county, if an address or a location is set forth in |
---|
84 | | - | the report filed by the holder; |
---|
85 | | - | (C) a statement explaining that the property of the apparent |
---|
86 | | - | owner is presumed abandoned and has been taken into the |
---|
87 | | - | protective custody of the attorney general; |
---|
88 | | - | (D) a statement that information about the abandoned property |
---|
89 | | - | and its return to the apparent owner is available from the |
---|
90 | | - | attorney general to a person having a legal or beneficial |
---|
91 | | - | interest in the property; |
---|
92 | | - | (E) the web address of the unclaimed property Internet web |
---|
93 | | - | site maintained by the attorney general; |
---|
94 | | - | (F) a telephone number and electronic mail address to contact |
---|
95 | | - | the attorney general to inquire about or claim property; and |
---|
96 | | - | (G) a statement that a person may access the Internet by a |
---|
97 | | - | computer to search for unclaimed property and a computer |
---|
98 | | - | may be available as a service to the public at a local public |
---|
99 | | - | library; and |
---|
100 | | - | (2) maintaining an Internet web site a website or data base |
---|
101 | | - | accessible by the public and electronically searchable which |
---|
102 | | - | contains the names reported to the attorney general of all apparent |
---|
103 | | - | owners for whom property valued at ten dollars ($10) or more is |
---|
104 | | - | being held by the attorney general. |
---|
105 | | - | (b) The Internet web site website or data base maintained under |
---|
106 | | - | subsection (a)(2) (a) must include instructions for filing with the |
---|
107 | | - | attorney general a claim to property and a printable claim form with |
---|
108 | | - | instructions for its use. |
---|
109 | | - | (c) In addition to publishing the information under subsection (a)(1) |
---|
110 | | - | and maintaining the Internet web site website or data base under |
---|
111 | | - | subsection (a)(2), (a), the attorney general may use other printed |
---|
112 | | - | publication, telecommunication, the Internet, or other media to inform |
---|
113 | | - | the public of the existence of unclaimed property held by the attorney |
---|
114 | | - | general. |
---|
115 | | - | SECTION 3. IC 32-34-1.5-79, AS ADDED BY P.L.141-2021, |
---|
116 | | - | SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
117 | | - | JULY 1, 2025]: Sec. 79. (a) When reasonably necessary to enforce or |
---|
118 | | - | implement this chapter, the attorney general may disclose confidential |
---|
119 | | - | information concerning property held by the attorney general or the |
---|
120 | | - | attorney general's agent only to: |
---|
121 | | - | (1) an apparent owner or the apparent owner's personal |
---|
122 | | - | HEA 1220 4 |
---|
123 | | - | representative, attorney, other legal representative, relative, or |
---|
124 | | - | agent designated under section 76 of this chapter to have the |
---|
125 | | - | information; |
---|
126 | | - | (2) the personal representative, other legal representative, relative |
---|
127 | | - | of a deceased apparent owner, agent designated under section 76 |
---|
128 | | - | of this chapter by the deceased apparent owner, or a person |
---|
129 | | - | entitled to inherit from the deceased apparent owner; |
---|
130 | | - | (3) another department or agency of this state or the United |
---|
131 | | - | States; |
---|
132 | | - | (4) the person that administers the unclaimed property law of |
---|
133 | | - | another state, if the other state accords substantially reciprocal |
---|
134 | | - | privileges to the attorney general of this state if the other state is |
---|
135 | | - | required to maintain the confidentiality and security of |
---|
136 | | - | information obtained in a manner substantially equivalent to |
---|
137 | | - | sections 77, 78, 79, 80, 81, 82, 83, and 84 of this chapter; and |
---|
138 | | - | (5) a person subject to an examination under section 55(6) of this |
---|
139 | | - | chapter. |
---|
140 | | - | (b) Except as otherwise provided in section 78(a) of this chapter, the |
---|
141 | | - | attorney general shall include on the Internet web site website or in the |
---|
142 | | - | data base required by section 25(a)(2) 25(a) of this chapter the name |
---|
143 | | - | of each apparent owner of property held by the attorney general. The |
---|
144 | | - | attorney general may include in published notices, printed publications, |
---|
145 | | - | telecommunications, the Internet, or other media and on the Internet |
---|
146 | | - | web site website or in the data base additional information concerning |
---|
147 | | - | the apparent owner's property if the attorney general believes the |
---|
148 | | - | information will assist in identifying and returning property to the |
---|
149 | | - | owner and does not disclose personal information except the home or |
---|
150 | | - | physical address of an apparent owner. |
---|
151 | | - | (c) The attorney general and the attorney general's agent may not |
---|
152 | | - | use confidential information provided to them or in their possession |
---|
153 | | - | except as expressly authorized by this chapter or required by another |
---|
154 | | - | law of this state. |
---|
155 | | - | HEA 1220 Speaker of the House of Representatives |
---|
156 | | - | President of the Senate |
---|
157 | | - | President Pro Tempore |
---|
158 | | - | Governor of the State of Indiana |
---|
159 | | - | Date: Time: |
---|
160 | | - | HEA 1220 |
---|
| 43 | + | 1 SECTION 1. IC 4-6-2-1.5, AS AMENDED BY P.L.184-2023, |
---|
| 44 | + | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 45 | + | 3 JULY 1, 2025]: Sec. 1.5. (a) Whenever any state governmental official |
---|
| 46 | + | 4 or employee, whether elected or appointed, is made a party to a suit, |
---|
| 47 | + | 5 and the attorney general determines that said suit has arisen out of an |
---|
| 48 | + | 6 act which such official or employee in good faith believed to be within |
---|
| 49 | + | 7 the scope of the official's or employee's duties as prescribed by statute |
---|
| 50 | + | 8 or duly adopted regulation, the attorney general shall defend such |
---|
| 51 | + | 9 person throughout such action. |
---|
| 52 | + | 10 (b) Whenever a teacher (as defined in IC 20-18-2-22) is made a |
---|
| 53 | + | 11 party to a civil suit, and the attorney general determines that the suit |
---|
| 54 | + | 12 has arisen out of an act that the teacher in good faith believed was |
---|
| 55 | + | 13 within the scope of the teacher's duties in enforcing discipline policies |
---|
| 56 | + | 14 developed under IC 20-33-8-12, the attorney general shall defend the |
---|
| 57 | + | 15 teacher throughout the action. |
---|
| 58 | + | 16 (c) Not later than July 30 of each year, the attorney general, in |
---|
| 59 | + | 17 consultation with the Indiana education employment relations board |
---|
| 60 | + | EH 1220—LS 6844/DI 87 2 |
---|
| 61 | + | 1 established in IC 20-29-3-1, shall draft and disseminate a letter by first |
---|
| 62 | + | 2 class electronic mail to the residence listed electronic mail address |
---|
| 63 | + | 3 of teachers providing a summary of the teacher's rights and protections |
---|
| 64 | + | 4 under state and federal law, including a teacher's rights and protections |
---|
| 65 | + | 5 relating to the teacher's performance evaluation under IC 20-28-11.5. |
---|
| 66 | + | 6 (d) The department of education, in consultation with the Indiana |
---|
| 67 | + | 7 education employment relations board, shall develop a method to |
---|
| 68 | + | 8 provide the attorney general with the names and electronic mail |
---|
| 69 | + | 9 addresses of active teachers in Indiana in order for the attorney general |
---|
| 70 | + | 10 to disseminate the letter described in subsection (c). Names and |
---|
| 71 | + | 11 electronic mail addresses collected and provided to the attorney |
---|
| 72 | + | 12 general under this subsection are confidential and excepted from public |
---|
| 73 | + | 13 disclosure as provided in IC 5-14-3-4. |
---|
| 74 | + | 14 (e) Whenever a school corporation (as defined in IC 20-26-2-4) is |
---|
| 75 | + | 15 made a party to a civil suit and the attorney general determines that the |
---|
| 76 | + | 16 suit has arisen out of an act authorized under IC 20-30-5-0.5 or |
---|
| 77 | + | 17 IC 20-30-5-4.5, the attorney general shall defend the school corporation |
---|
| 78 | + | 18 throughout the action. |
---|
| 79 | + | 19 (f) As used in this subsection, "bridge authority" refers to the New |
---|
| 80 | + | 20 Harmony and Wabash River bridge authority established by |
---|
| 81 | + | 21 IC 8-16-15.5-2. Whenever: |
---|
| 82 | + | 22 (1) the bridge authority; |
---|
| 83 | + | 23 (2) a member of the bridge authority; |
---|
| 84 | + | 24 (3) an officer of the bridge authority; or |
---|
| 85 | + | 25 (4) an employee of the bridge authority; |
---|
| 86 | + | 26 is made a party to a civil suit and the attorney general determines that |
---|
| 87 | + | 27 the suit has arisen out of an act or omission of any person described in |
---|
| 88 | + | 28 subdivision (1), (2), (3), or (4), that is authorized or required under |
---|
| 89 | + | 29 IC 8-16-15.5 or any other law, the attorney general shall defend that |
---|
| 90 | + | 30 person throughout the action. |
---|
| 91 | + | 31 (g) A determination by the attorney general under subsection (a), |
---|
| 92 | + | 32 (b), (e), or (f) shall not be admitted as evidence in the trial of any such |
---|
| 93 | + | 33 civil action for damages. |
---|
| 94 | + | 34 (h) Nothing in this chapter shall be construed to deprive any such |
---|
| 95 | + | 35 person of the person's right to select counsel of the person's own choice |
---|
| 96 | + | 36 at the person's own expense. |
---|
| 97 | + | 37 SECTION 2. IC 32-34-1.5-25, AS ADDED BY P.L.141-2021, |
---|
| 98 | + | 38 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 99 | + | 39 JULY 1, 2025]: Sec. 25. (a) The attorney general shall give notice to an |
---|
| 100 | + | 40 apparent owner that property presumed abandoned and appearing to be |
---|
| 101 | + | 41 owned by the apparent owner is held by the attorney general under this |
---|
| 102 | + | 42 chapter by |
---|
| 103 | + | EH 1220—LS 6844/DI 87 3 |
---|
| 104 | + | 1 (1) publishing once per year in at least one (1) newspaper of |
---|
| 105 | + | 2 general circulation to each county of the state notice of property |
---|
| 106 | + | 3 with a value greater than one hundred dollars ($100) held by the |
---|
| 107 | + | 4 attorney general, which must include: |
---|
| 108 | + | 5 (A) the name of each apparent owner residing in the county, as |
---|
| 109 | + | 6 set forth in the report filed by the holder; |
---|
| 110 | + | 7 (B) the last known address or location of each apparent owner |
---|
| 111 | + | 8 residing in the county, if an address or a location is set forth in |
---|
| 112 | + | 9 the report filed by the holder; |
---|
| 113 | + | 10 (C) a statement explaining that the property of the apparent |
---|
| 114 | + | 11 owner is presumed abandoned and has been taken into the |
---|
| 115 | + | 12 protective custody of the attorney general; |
---|
| 116 | + | 13 (D) a statement that information about the abandoned property |
---|
| 117 | + | 14 and its return to the apparent owner is available from the |
---|
| 118 | + | 15 attorney general to a person having a legal or beneficial |
---|
| 119 | + | 16 interest in the property; |
---|
| 120 | + | 17 (E) the web address of the unclaimed property Internet web |
---|
| 121 | + | 18 site maintained by the attorney general; |
---|
| 122 | + | 19 (F) a telephone number and electronic mail address to contact |
---|
| 123 | + | 20 the attorney general to inquire about or claim property; and |
---|
| 124 | + | 21 (G) a statement that a person may access the Internet by a |
---|
| 125 | + | 22 computer to search for unclaimed property and a computer |
---|
| 126 | + | 23 may be available as a service to the public at a local public |
---|
| 127 | + | 24 library; and |
---|
| 128 | + | 25 (2) maintaining an Internet web site a website or data base |
---|
| 129 | + | 26 accessible by the public and electronically searchable which |
---|
| 130 | + | 27 contains the names reported to the attorney general of all apparent |
---|
| 131 | + | 28 owners for whom property valued at ten dollars ($10) or more is |
---|
| 132 | + | 29 being held by the attorney general. |
---|
| 133 | + | 30 (b) The Internet web site website or data base maintained under |
---|
| 134 | + | 31 subsection (a)(2) (a) must include instructions for filing with the |
---|
| 135 | + | 32 attorney general a claim to property and a printable claim form with |
---|
| 136 | + | 33 instructions for its use. |
---|
| 137 | + | 34 (c) In addition to publishing the information under subsection (a)(1) |
---|
| 138 | + | 35 and maintaining the Internet web site website or data base under |
---|
| 139 | + | 36 subsection (a)(2), (a), the attorney general may use other printed |
---|
| 140 | + | 37 publication, telecommunication, the Internet, or other media to inform |
---|
| 141 | + | 38 the public of the existence of unclaimed property held by the attorney |
---|
| 142 | + | 39 general. |
---|
| 143 | + | 40 SECTION 3. IC 32-34-1.5-79, AS ADDED BY P.L.141-2021, |
---|
| 144 | + | 41 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 145 | + | 42 JULY 1, 2025]: Sec. 79. (a) When reasonably necessary to enforce or |
---|
| 146 | + | EH 1220—LS 6844/DI 87 4 |
---|
| 147 | + | 1 implement this chapter, the attorney general may disclose confidential |
---|
| 148 | + | 2 information concerning property held by the attorney general or the |
---|
| 149 | + | 3 attorney general's agent only to: |
---|
| 150 | + | 4 (1) an apparent owner or the apparent owner's personal |
---|
| 151 | + | 5 representative, attorney, other legal representative, relative, or |
---|
| 152 | + | 6 agent designated under section 76 of this chapter to have the |
---|
| 153 | + | 7 information; |
---|
| 154 | + | 8 (2) the personal representative, other legal representative, relative |
---|
| 155 | + | 9 of a deceased apparent owner, agent designated under section 76 |
---|
| 156 | + | 10 of this chapter by the deceased apparent owner, or a person |
---|
| 157 | + | 11 entitled to inherit from the deceased apparent owner; |
---|
| 158 | + | 12 (3) another department or agency of this state or the United |
---|
| 159 | + | 13 States; |
---|
| 160 | + | 14 (4) the person that administers the unclaimed property law of |
---|
| 161 | + | 15 another state, if the other state accords substantially reciprocal |
---|
| 162 | + | 16 privileges to the attorney general of this state if the other state is |
---|
| 163 | + | 17 required to maintain the confidentiality and security of |
---|
| 164 | + | 18 information obtained in a manner substantially equivalent to |
---|
| 165 | + | 19 sections 77, 78, 79, 80, 81, 82, 83, and 84 of this chapter; and |
---|
| 166 | + | 20 (5) a person subject to an examination under section 55(6) of this |
---|
| 167 | + | 21 chapter. |
---|
| 168 | + | 22 (b) Except as otherwise provided in section 78(a) of this chapter, the |
---|
| 169 | + | 23 attorney general shall include on the Internet web site website or in the |
---|
| 170 | + | 24 data base required by section 25(a)(2) 25(a) of this chapter the name |
---|
| 171 | + | 25 of each apparent owner of property held by the attorney general. The |
---|
| 172 | + | 26 attorney general may include in published notices, printed publications, |
---|
| 173 | + | 27 telecommunications, the Internet, or other media and on the Internet |
---|
| 174 | + | 28 web site website or in the data base additional information concerning |
---|
| 175 | + | 29 the apparent owner's property if the attorney general believes the |
---|
| 176 | + | 30 information will assist in identifying and returning property to the |
---|
| 177 | + | 31 owner and does not disclose personal information except the home or |
---|
| 178 | + | 32 physical address of an apparent owner. |
---|
| 179 | + | 33 (c) The attorney general and the attorney general's agent may not |
---|
| 180 | + | 34 use confidential information provided to them or in their possession |
---|
| 181 | + | 35 except as expressly authorized by this chapter or required by another |
---|
| 182 | + | 36 law of this state. |
---|
| 183 | + | EH 1220—LS 6844/DI 87 5 |
---|
| 184 | + | COMMITTEE REPORT |
---|
| 185 | + | Mr. Speaker: Your Committee on Government and Regulatory |
---|
| 186 | + | Reform, to which was referred House Bill 1220, has had the same |
---|
| 187 | + | under consideration and begs leave to report the same back to the |
---|
| 188 | + | House with the recommendation that said bill do pass. |
---|
| 189 | + | (Reference is to HB 1220 as introduced.) |
---|
| 190 | + | MILLER D |
---|
| 191 | + | Committee Vote: Yeas 11, Nays 0 |
---|
| 192 | + | _____ |
---|
| 193 | + | COMMITTEE REPORT |
---|
| 194 | + | Mr. President: The Senate Committee on Public Policy, to which |
---|
| 195 | + | was referred House Bill No. 1220, has had the same under |
---|
| 196 | + | consideration and begs leave to report the same back to the Senate with |
---|
| 197 | + | the recommendation that said bill DO PASS. |
---|
| 198 | + | (Reference is to HB 1220 as printed February 3, 2025.) |
---|
| 199 | + | |
---|
| 200 | + | ALTING, Chairperson |
---|
| 201 | + | Committee Vote: Yeas 8, Nays 0 |
---|
| 202 | + | EH 1220—LS 6844/DI 87 |
---|