Indiana 2025 Regular Session

Indiana House Bill HB1253 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1253.3
	2	+	Reprinted
	3	+	April 4, 2025
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1253
	6	+	_____
	7	+	DIGEST OF HB 1253 (Updated April 3, 2025 2:25 pm - DI 148)
	8	+	Citations Affected: IC 12-17.2; IC 22-12.
	9	+	Synopsis: Child care. Provides that a granted waiver or variance
	10	+	expires three years after the date that the waiver or variance becomes
	11	+	effective. Removes the requirement that a child receiving child care
	12	+	from a school must be the child of a student or employee of the school.
	13	+	(Continued next page)
	14	+	Effective: Upon passage; July 1, 2025.
	15	+	Heine, DeVon, Heaton, Hamilton
	16	+	(SENATE SPONSORS — BROWN L, CHARBONNEAU, ROGERS,
	17	+	DONATO, DORIOT, RANDOLPH LONNIE M, POL JR., YODER)
	18	+	January 9, 2025, read first time and referred to Committee on Family, Children and Human
	19	+	Affairs.
	20	+	January 27, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
	21	+	Means pursuant to Rule 126.3.
	22	+	February 6, 2025, reported — Do Pass.
	23	+	February 10, 2025, read second time, ordered engrossed.
	24	+	February 11, 2025, engrossed. Read third time, passed. Yeas 91, nays 0.
	25	+	SENATE ACTION
	26	+	February 20, 2025, read first time and referred to Committee on Family and Children
	27	+	Services.
	28	+	March 10, 2025, reported favorably — Do Pass; reassigned to Committee on
	29	+	Appropriations.
	30	+	March 27, 2025, amended, reported favorably — Do Pass.
	31	+	April 3, 2025, read second time, amended, ordered engrossed.
	32	+	EH 1253—LS 7209/DI 148 Digest Continued
	33	+	Provides that, not later than June 30, 2026, the division of family
	34	+	resources (division) shall establish an organizational license category
	35	+	for multi-site child care centers operating under one owner, and
	36	+	specifies obligations of the division with regard to the new license
	37	+	category. Provides that, subject to exceptions, certain properties may
	38	+	not be required to comply with a new or different set of building, fire
	39	+	safety, or equipment laws than were originally enforced by the
	40	+	department: (1) before July 1, 2025; or (2) two years after the earlier of
	41	+	the date of the: (A) initial inspection; or (B) plan review. Allows a
	42	+	child care home that was licensed to operate a Class 2 structure before
	43	+	July 1, 2025, to continue operating in the structure notwithstanding the
	44	+	building, fire safety, or equipment laws and regulations.
	45	+	EH 1253—LS 7209/DI 148EH 1253—LS 7209/DI 148 Reprinted
	46	+	April 4, 2025
1	47		First Regular Session of the 124th General Assembly (2025)
2	48		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	49		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	50		additions will appear in this style type, and deletions will appear in this style type.
5	51		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	52		provision adopted), the text of the new provision will appear in this style type. Also, the
7	53		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	54		a new provision to the Indiana Code or the Indiana Constitution.
9	55		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	56		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1253
12		-	AN ACT to amend the Indiana Code concerning human services.
	57	+	ENGROSSED
	58	+	HOUSE BILL No. 1253
	59	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	60	+	human services.
13	61		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 12-17.2-2-8, AS AMENDED BY P.L.134-2024,
15		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2025]: Sec. 8. The division shall exempt from licensure the
17		-	following programs:
18		-	(1) A program for children enrolled in grades kindergarten
19		-	through 12 that is operated by the department of education or a
20		-	public or private school.
21		-	(2) A program for children who become at least three (3) years of
22		-	age as of December 1 of a particular school year (as defined in
23		-	IC 20-18-2-17) that is operated by the department of education or
24		-	a public or private school.
25		-	(3) A nonresidential program for a child that provides child care
26		-	for less than four (4) hours a day.
27		-	(4) A recreation program for children that operates for not more
28		-	than ninety (90) days in a calendar year.
29		-	(5) A program whose primary purpose is to provide social,
30		-	recreational, or religious activities for school age children, such
31		-	as scouting, boys club, girls club, sports, or the arts.
32		-	(6) A program operated to serve migrant children that:
33		-	(A) provides services for children from migrant worker
34		-	families; and
35		-	(B) is operated during a single period of less than one hundred
36		-	HEA 1253 — Concur 2
37		-	twenty (120) consecutive days during a calendar year.
38		-	(7) A child care ministry registered under IC 12-17.2-6.
39		-	(8) A child care home if the provider operates to serve migrant
40		-	children.
41		-	(9) A child care program operated by a public or private school
42		-	that does the following:
43		-	(A) Provides day care on school property for children of
44		-	students or employees of schools in the school corporation in
45		-	which the public or private school is located.
46		-	(B) Complies with health, safety, and sanitation standards as
47		-	determined by the division under section 4 of this chapter for
48		-	child care centers or in accordance with a variance or waiver
49		-	of a rule governing child care centers approved by the division
50		-	under section 10 of this chapter.
51		-	(C) Substantially complies with the fire and life safety rules as
52		-	determined by the state fire marshal under rules adopted by the
53		-	division under section 4 of this chapter for child care centers
54		-	or in accordance with a variance or waiver of a rule governing
55		-	child care centers approved by the division under section 10 of
56		-	this chapter.
57		-	(10) A school age child care program (commonly referred to as a
58		-	latch key program) established under IC 20-26-5-2 that is
59		-	operated by:
60		-	(A) the department of education;
61		-	(B) a public or private school; or
62		-	(C) a public or private organization under a written contract
63		-	with:
64		-	(i) the department of education; or
65		-	(ii) a public or private school.
66		-	(11) A child care program that:
67		-	(A) is operated by a public or private organization under a
68		-	contract with a public or private school;
69		-	(B) serves children who are enrolled in the public or private
70		-	school in:
71		-	(i) grades kindergarten through 12; or
72		-	(ii) a preschool program offered by a public or private
73		-	school as described in this subdivision; and
74		-	(C) serves children who are:
75		-	(i) attending school through remote or e-learning due to a
76		-	disaster emergency declared under IC 10-14-3-12 or
77		-	IC 10-14-3-29; or
78		-	(ii) participating in a learning recovery program that
79		-	HEA 1253 — Concur 3
80		-	administers an assessment to measure student learning loss
81		-	and provides Indiana academic standards aligned
82		-	instruction.
83		-	(12) An educational program:
84		-	(A) consisting of a group of not more than ten (10) students
85		-	who attend the educational program in lieu of attending
86		-	prekindergarten or kindergarten through grade 12 at a public
87		-	or private school;
88		-	(B) whose students meet in a single classroom in person or
89		-	outside a classroom and which may include mixed age level
90		-	groupings; and
91		-	(C) that is under the supervision of a teacher or tutor.
92		-	(13) If located in the same public or private school building:
93		-	(A) a preschool program that is operated by the public or
94		-	private school; and
95		-	(B) either or both of the following:
96		-	(i) A child care program described in subdivision (9).
97		-	(ii) A school age child care program described in
98		-	subdivision (10).
99		-	(14) A child care program operated by a public or private school
100		-	that does the following:
101		-	(A) Provides day care on school property for children of
102		-	employees of a business or organization with which the school
103		-	has entered into a contract to provide services. If the school
104		-	property is owned by the school, the school property must have
105		-	been both:
106		-	(i) owned by the school; and
107		-	(ii) used for child care;
108		-	on or before January 1, 2024.
109		-	(B) Complies with health, safety, and sanitation standards as
110		-	determined by the division under section 4 of this chapter for
111		-	child care centers or in accordance with a variance or waiver
112		-	of a rule governing child care centers approved by the division
113		-	under section 10 of this chapter.
114		-	(C) Substantially complies with the fire and life safety rules as
115		-	determined by the state fire marshal under rules adopted by the
116		-	division under section 4 of this chapter for child care centers
117		-	or in accordance with a variance or waiver of a rule governing
118		-	child care centers approved by the division under section 10 of
119		-	this chapter.
120		-	SECTION 2. IC 12-17.2-2-11 IS AMENDED TO READ AS
121		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. A waiver or
122		-	HEA 1253 — Concur 4
123		-	variance granted under section 10 of this chapter and a waiver or
124		-	variance renewed under section 12 of this chapter expires on the earlier
125		-	of the following:
126		-	(1) The date when the license affected by the waiver or variance
127		-	expires.
128		-	(2) The date set by the division for the expiration of the waiver or
129		-	variance.
130		-	(3) The occurrence of the event set by the division for the
131		-	expiration of the waiver or variance.
132		-	(4) Two (2) Three (3) years after the date that the waiver or
133		-	variance becomes effective.
134		-	SECTION 3. IC 12-17.2-2-15 IS ADDED TO THE INDIANA
	62	+	1 SECTION 1. IC 12-17.2-2-8, AS AMENDED BY P.L.134-2024,
	63	+	2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	64	+	3 JULY 1, 2025]: Sec. 8. The division shall exempt from licensure the
	65	+	4 following programs:
	66	+	5 (1) A program for children enrolled in grades kindergarten
	67	+	6 through 12 that is operated by the department of education or a
	68	+	7 public or private school.
	69	+	8 (2) A program for children who become at least three (3) years of
	70	+	9 age as of December 1 of a particular school year (as defined in
	71	+	10 IC 20-18-2-17) that is operated by the department of education or
	72	+	11 a public or private school.
	73	+	12 (3) A nonresidential program for a child that provides child care
	74	+	13 for less than four (4) hours a day.
	75	+	14 (4) A recreation program for children that operates for not more
	76	+	15 than ninety (90) days in a calendar year.
	77	+	16 (5) A program whose primary purpose is to provide social,
	78	+	17 recreational, or religious activities for school age children, such
	79	+	EH 1253—LS 7209/DI 148 2
	80	+	1 as scouting, boys club, girls club, sports, or the arts.
	81	+	2 (6) A program operated to serve migrant children that:
	82	+	3 (A) provides services for children from migrant worker
	83	+	4 families; and
	84	+	5 (B) is operated during a single period of less than one hundred
	85	+	6 twenty (120) consecutive days during a calendar year.
	86	+	7 (7) A child care ministry registered under IC 12-17.2-6.
	87	+	8 (8) A child care home if the provider operates to serve migrant
	88	+	9 children.
	89	+	10 (9) A child care program operated by a public or private school
	90	+	11 that does the following:
	91	+	12 (A) Provides day care on school property for children of
	92	+	13 students or employees of schools in the school corporation in
	93	+	14 which the public or private school is located.
	94	+	15 (B) Complies with health, safety, and sanitation standards as
	95	+	16 determined by the division under section 4 of this chapter for
	96	+	17 child care centers or in accordance with a variance or waiver
	97	+	18 of a rule governing child care centers approved by the division
	98	+	19 under section 10 of this chapter.
	99	+	20 (C) Substantially complies with the fire and life safety rules as
	100	+	21 determined by the state fire marshal under rules adopted by the
	101	+	22 division under section 4 of this chapter for child care centers
	102	+	23 or in accordance with a variance or waiver of a rule governing
	103	+	24 child care centers approved by the division under section 10 of
	104	+	25 this chapter.
	105	+	26 (10) A school age child care program (commonly referred to as a
	106	+	27 latch key program) established under IC 20-26-5-2 that is
	107	+	28 operated by:
	108	+	29 (A) the department of education;
	109	+	30 (B) a public or private school; or
	110	+	31 (C) a public or private organization under a written contract
	111	+	32 with:
	112	+	33 (i) the department of education; or
	113	+	34 (ii) a public or private school.
	114	+	35 (11) A child care program that:
	115	+	36 (A) is operated by a public or private organization under a
	116	+	37 contract with a public or private school;
	117	+	38 (B) serves children who are enrolled in the public or private
	118	+	39 school in:
	119	+	40 (i) grades kindergarten through 12; or
	120	+	41 (ii) a preschool program offered by a public or private
	121	+	42 school as described in this subdivision; and
	122	+	EH 1253—LS 7209/DI 148 3
	123	+	1 (C) serves children who are:
	124	+	2 (i) attending school through remote or e-learning due to a
	125	+	3 disaster emergency declared under IC 10-14-3-12 or
	126	+	4 IC 10-14-3-29; or
	127	+	5 (ii) participating in a learning recovery program that
	128	+	6 administers an assessment to measure student learning loss
	129	+	7 and provides Indiana academic standards aligned
	130	+	8 instruction.
	131	+	9 (12) An educational program:
	132	+	10 (A) consisting of a group of not more than ten (10) students
	133	+	11 who attend the educational program in lieu of attending
	134	+	12 prekindergarten or kindergarten through grade 12 at a public
	135	+	13 or private school;
	136	+	14 (B) whose students meet in a single classroom in person or
	137	+	15 outside a classroom and which may include mixed age level
	138	+	16 groupings; and
	139	+	17 (C) that is under the supervision of a teacher or tutor.
	140	+	18 (13) If located in the same public or private school building:
	141	+	19 (A) a preschool program that is operated by the public or
	142	+	20 private school; and
	143	+	21 (B) either or both of the following:
	144	+	22 (i) A child care program described in subdivision (9).
	145	+	23 (ii) A school age child care program described in
	146	+	24 subdivision (10).
	147	+	25 (14) A child care program operated by a public or private school
	148	+	26 that does the following:
	149	+	27 (A) Provides day care on school property for children of
	150	+	28 employees of a business or organization with which the school
	151	+	29 has entered into a contract to provide services. If the school
	152	+	30 property is owned by the school, the school property must have
	153	+	31 been both:
	154	+	32 (i) owned by the school; and
	155	+	33 (ii) used for child care;
	156	+	34 on or before January 1, 2024.
	157	+	35 (B) Complies with health, safety, and sanitation standards as
	158	+	36 determined by the division under section 4 of this chapter for
	159	+	37 child care centers or in accordance with a variance or waiver
	160	+	38 of a rule governing child care centers approved by the division
	161	+	39 under section 10 of this chapter.
	162	+	40 (C) Substantially complies with the fire and life safety rules as
	163	+	41 determined by the state fire marshal under rules adopted by the
	164	+	42 division under section 4 of this chapter for child care centers
	165	+	EH 1253—LS 7209/DI 148 4
	166	+	1 or in accordance with a variance or waiver of a rule governing
	167	+	2 child care centers approved by the division under section 10 of
	168	+	3 this chapter.
	169	+	4 SECTION 2. IC 12-17.2-2-11 IS AMENDED TO READ AS
	170	+	5 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. A waiver or
	171	+	6 variance granted under section 10 of this chapter and a waiver or
	172	+	7 variance renewed under section 12 of this chapter expires on the earlier
	173	+	8 of the following:
	174	+	9 (1) The date when the license affected by the waiver or variance
	175	+	10 expires.
	176	+	11 (2) The date set by the division for the expiration of the waiver or
	177	+	12 variance.
	178	+	13 (3) The occurrence of the event set by the division for the
	179	+	14 expiration of the waiver or variance.
	180	+	15 (4) Two (2) Three (3) years after the date that the waiver or
	181	+	16 variance becomes effective.
	182	+	17 SECTION 3. IC 12-17.2-2-15 IS ADDED TO THE INDIANA
	183	+	18 CODE AS A NEW SECTION TO READ AS FOLLOWS
	184	+	19 [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) Not later than June 30,
	185	+	20 2026, the division shall establish an organizational license category
	186	+	21 for multi-site child care centers operating under one (1) owner.
	187	+	22 (b) In establishing the license category under subsection (a), the
	188	+	23 division shall do the following:
	189	+	24 (1) Allow an owner to make a single license application for
	190	+	25 one (1) or more child care centers and assign each owner's
	191	+	26 license a unique license number.
	192	+	27 (2) Allow an owner to pay a single licensure fee even if
	193	+	28 applying for multiple child care center locations, which must
	194	+	29 be equal to the fee that the owner would pay for each separate
	195	+	30 child care license under section 2 of this chapter.
	196	+	31 (3) Assign each owner a separate location number for each
	197	+	32 facility.
	198	+	33 (4) Monitor each facility separately by location number to
	199	+	34 ensure that each facility separately meets important health
	200	+	35 and safety standards.
	201	+	36 (5) Inspect each location number separately for compliance,
	202	+	37 create separate plans of correction for each location number,
	203	+	38 and provide location number based enforcement that does not
	204	+	39 affect the other location numbers.
	205	+	40 (6) Provide maximum flexibility to an owner when the owner
	206	+	41 is considering adding new locations to serve a community's
	207	+	42 need for licensed child care.
	208	+	EH 1253—LS 7209/DI 148 5
	209	+	1 (7) Reduce redundancy in the application process for an
	210	+	2 owner.
	211	+	3 (8) Reduce the administrative burden to the state in reviewing
	212	+	4 multiple licenses for a single owner.
	213	+	5 (9) Consider the maximum efficiencies for the organizational
	214	+	6 license holder to drive down operational costs for the child
	215	+	7 care center owner.
	216	+	8 SECTION 4. IC 22-12-7-15 IS ADDED TO THE INDIANA CODE
	217	+	9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	218	+	10 UPON PASSAGE]: Sec. 15. (a) Except as provided by subsection
	219	+	11 (c), if a property is inspected by the department or plans were
	220	+	12 reviewed by the department, neither the department nor a political
	221	+	13 subdivision may require compliance with a new or different set of
	222	+	14 building, fire safety, or equipment laws than were originally
	223	+	15 enforced by the department:
	224	+	16 (1) before July 1, 2025; or
	225	+	17 (2) two (2) years after the earlier of the date of the:
	226	+	18 (A) initial inspection; or
	227	+	19 (B) plan review.
	228	+	20 (b) A child care home (as defined in IC 12-7-2-28.6) that was
	229	+	21 licensed to operate in a Class 2 structure by the office of the
	230	+	22 secretary of family and social services before July 1, 2025, may
	231	+	23 continue to operate in the structure notwithstanding the provisions
	232	+	24 of this article and 675 IAC 13.
	233	+	25 (c) Subsection (a) does not apply to any of the following:
	234	+	26 (1) Any:
	235	+	27 (A) fraud;
	236	+	28 (B) material misrepresentation; or
	237	+	29 (C) other act of bad faith;
	238	+	30 that results in misapplication of the appropriate
	239	+	31 requirements.
	240	+	32 (2) A change of use or occupancy of the structure or
	241	+	33 equipment.
	242	+	34 (3) A condition imposed in a variance issued by the:
	243	+	35 (A) department; or
	244	+	36 (B) commission.
	245	+	37 (4) Any new construction, addition, or alteration of the
	246	+	38 structure or equipment.
	247	+	39 (5) A violation that would qualify for an emergency order
	248	+	40 under section 6(a)(1) of this chapter.
	249	+	41 (6) Any maintenance requirements.
	250	+	42 SECTION 5. An emergency is declared for this act.
	251	+	EH 1253—LS 7209/DI 148 6
	252	+	COMMITTEE REPORT
	253	+	Mr. Speaker: Your Committee on Family, Children and Human
	254	+	Affairs, to which was referred House Bill 1253, has had the same under
	255	+	consideration and begs leave to report the same back to the House with
	256	+	the recommendation that said bill be amended as follows:
	257	+	Page 1, delete lines 1 through 17.
	258	+	Page 2, delete lines 1 through 18.
	259	+	Page 5, line 14, delete "multi-state" and insert "multi-site".
	260	+	Page 5, delete lines 36 through 42.
	261	+	Delete page 6.
	262	+	Renumber all SECTIONS consecutively.
	263	+	and when so amended that said bill do pass.
	264	+	(Reference is to HB 1253 as introduced.)
	265	+	DEVON
	266	+	Committee Vote: yeas 12, nays 0.
	267	+	_____
	268	+	COMMITTEE REPORT
	269	+	Mr. Speaker: Your Committee on Ways and Means, to which was
	270	+	referred House Bill 1253, has had the same under consideration and
	271	+	begs leave to report the same back to the House with the
	272	+	recommendation that said bill do pass.
	273	+	(Reference is to HB 1253 as printed January 27, 2025.)
	274	+	THOMPSON
	275	+	Committee Vote: Yeas 22, Nays 0
	276	+	EH 1253—LS 7209/DI 148 7
	277	+	COMMITTEE REPORT
	278	+	Mr. President: The Senate Committee on Family and Children
	279	+	Services, to which was referred House Bill No. 1253, has had the same
	280	+	under consideration and begs leave to report the same back to the
	281	+	Senate with the recommendation that said bill DO PASS and be
	282	+	reassigned to the Senate Committee on Appropriations.
	283	+	(Reference is to HB 1253 as printed February 6, 2025.)
	284	+	WALKER G, Chairperson
	285	+	Committee Vote: Yeas 8, Nays 0
	286	+	_____
	287	+	COMMITTEE REPORT
	288	+	Mr. President: The Senate Committee on Appropriations, to which
	289	+	was referred Engrossed House Bill No. 1253, has had the same under
	290	+	consideration and begs leave to report the same back to the Senate with
	291	+	the recommendation that said bill be AMENDED as follows:
	292	+	Page 4, delete lines 17 through 42.
	293	+	Renumber all SECTIONS consecutively.
	294	+	and when so amended that said bill do pass.
	295	+	(Reference is to EHB 1253 as printed March 11, 2025.)
	296	+	MISHLER, Chairperson
	297	+	Committee Vote: Yeas 11, Nays 0.
	298	+	_____
	299	+	SENATE MOTION
	300	+	Mr. President: I move that Engrossed House Bill 1253 be amended
	301	+	to read as follows:
	302	+	Page 4, after line 16, begin a new paragraph and insert:
	303	+	"SECTION 3. IC 12-17.2-2-15 IS ADDED TO THE INDIANA
135	304		CODE AS A NEW SECTION TO READ AS FOLLOWS
136	305		[EFFECTIVE JULY 1, 2025]: Sec. 15. (a) Not later than June 30,
137	306		2026, the division shall establish an organizational license category
138	307		for multi-site child care centers operating under one (1) owner.
139	308		(b) In establishing the license category under subsection (a), the
	309	+	EH 1253—LS 7209/DI 148 8
140	310		division shall do the following:
141	311		(1) Allow an owner to make a single license application for
142	312		one (1) or more child care centers and assign each owner's
143	313		license a unique license number.
144	314		(2) Allow an owner to pay a single licensure fee even if
145	315		applying for multiple child care center locations, which must
146	316		be equal to the fee that the owner would pay for each separate
147	317		child care license under section 2 of this chapter.
148	318		(3) Assign each owner a separate location number for each
149	319		facility.
150	320		(4) Monitor each facility separately by location number to
151	321		ensure that each facility separately meets important health
152	322		and safety standards.
153	323		(5) Inspect each location number separately for compliance,
154	324		create separate plans of correction for each location number,
155	325		and provide location number based enforcement that does not
156	326		affect the other location numbers.
157	327		(6) Provide maximum flexibility to an owner when the owner
158	328		is considering adding new locations to serve a community's
159	329		need for licensed child care.
160	330		(7) Reduce redundancy in the application process for an
161	331		owner.
162	332		(8) Reduce the administrative burden to the state in reviewing
163	333		multiple licenses for a single owner.
164	334		(9) Consider the maximum efficiencies for the organizational
165		-	HEA 1253 — Concur 5
166	335		license holder to drive down operational costs for the child
167	336		care center owner.
168	337		SECTION 4. IC 22-12-7-15 IS ADDED TO THE INDIANA CODE
169	338		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
170	339		UPON PASSAGE]: Sec. 15. (a) Except as provided by subsection
171	340		(c), if a property is inspected by the department or plans were
172	341		reviewed by the department, neither the department nor a political
173	342		subdivision may require compliance with a new or different set of
174	343		building, fire safety, or equipment laws than were originally
175	344		enforced by the department:
176	345		(1) before July 1, 2025; or
177	346		(2) two (2) years after the earlier of the date of the:
178	347		(A) initial inspection; or
179	348		(B) plan review.
180	349		(b) A child care home (as defined in IC 12-7-2-28.6) that was
181	350		licensed to operate in a Class 2 structure by the office of the
182	351		secretary of family and social services before July 1, 2025, may
	352	+	EH 1253—LS 7209/DI 148 9
183	353		continue to operate in the structure notwithstanding the provisions
184	354		of this article and 675 IAC 13.
185	355		(c) Subsection (a) does not apply to any of the following:
186	356		(1) Any:
187	357		(A) fraud;
188	358		(B) material misrepresentation; or
189	359		(C) other act of bad faith;
190	360		that results in misapplication of the appropriate
191	361		requirements.
192	362		(2) A change of use or occupancy of the structure or
193	363		equipment.
194	364		(3) A condition imposed in a variance issued by the:
195	365		(A) department; or
196	366		(B) commission.
197	367		(4) Any new construction, addition, or alteration of the
198	368		structure or equipment.
199	369		(5) A violation that would qualify for an emergency order
200	370		under section 6(a)(1) of this chapter.
201	371		(6) Any maintenance requirements.
202		-	SECTION 5. An emergency is declared for this act.
203		-	HEA 1253 — Concur Speaker of the House of Representatives
204		-	President of the Senate
205		-	President Pro Tempore
206		-	Governor of the State of Indiana
207		-	Date: Time:
208		-	HEA 1253 — Concur
	372	+	SECTION 5. An emergency is declared for this act.".
	373	+	Renumber all SECTIONS consecutively.
	374	+	(Reference is to EHB 1253 as printed March 28, 2025.)
	375	+	BROWN L
	376	+	EH 1253—LS 7209/DI 148