Indiana House Bill HB1637 Comm Sub / Bill

                    *HB1637.1*
February 6, 2025
HOUSE BILL No. 1637
_____
DIGEST OF HB 1637 (Updated February 6, 2025 9:22 am - DI 116)
Citations Affected:  IC 10-19; IC 10-21; IC 13-17; IC 20-19;
IC 22-12; IC 22-14; IC 22-15; IC 35-31.5; IC 36-7; IC 36-8; noncode.
Synopsis:  School and public safety matters. Provides for the
appointment of a fire chief, or the fire chief's designee, to a county
school safety commission. Establishes the office of school safety within
the department of homeland security (department) for the purpose of
coordinating and administering school security and safety resources.
Requires a school corporation or charter school to comply with certain
safety related requests by the office of school safety. Changes the
composition of the secured school safety board. Provides that the
secured school fund may be used to provide financial assistance for
projects of the office of school safety that are approved by the secured
school safety board. Requires a school safety plan to include measures
to annually inspect each protective door assembly on school buildings
to ensure compliance with standards established by the fire prevention
and building safety commission. Authorizes the department to issue
enforcement orders in accordance with rules adopted by the board of
firefighting personnel standards and education. Removes emergency
medical services enforcement authority from the state fire marshal's 
(Continued next page)
Effective:  Upon passage; July 1, 2025.
Bartels, Davis, Commons, Criswell
January 21, 2025, read first time and referred to Committee on Veterans Affairs and Public
Safety.
February 6, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 126.3.
HB 1637—LS 7685/DI 116 Digest Continued
management authority. Provides that the department, a fire department,
or a volunteer fire department may open burn for fire training purposes
if certain conditions are met. Makes various changes to provisions
relating to the department's enforcement authority pertaining to the
administrative adjudication of building fire and safety laws. Requires
that a city, town, or county that requires a building permit for the
construction of a Class 2 structure to allow the inspection to be
conducted by third party inspectors. Amends the definition of "law
enforcement officer" to include the state fire marshal and the executive
director or fire investigator of the department. Provides that the fire
prevention and building safety commission, with certain exceptions,
may not adopt a final rule for more than three building codes during
any 12 month period. Repeals the provision establishing the department
of education's division of school building physical security and safety.
Makes conforming amendments.
HB 1637—LS 7685/DI 116HB 1637—LS 7685/DI 116 February 6, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1637
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 10-19-3.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 3.5. Office of School Safety
5 Sec. 1. As used in this chapter, "director" refers to the director
6 of the office of school safety appointed under section 5 of this
7 chapter.
8 Sec. 2. As used in this chapter, "office" refers to the office of
9 school safety established in section 4 of this chapter.
10 Sec. 3. As used in this chapter "physical security" refers to
11 security measures that are designed to deny unauthorized access
12 to a building or facility, including equipment and resources, and to
13 protect individuals and property from damage or harm.
14 Sec. 4. The office of school safety is established as an office
15 within the department of homeland security for the purpose of
16 coordinating and administering school safety resources.
17 Sec. 5. The executive director shall appoint a director of the
HB 1637—LS 7685/DI 116 2
1 office. The director shall do the following:
2 (1) Serve as the executive head of the office.
3 (2) Advise executive state agencies and political subdivisions
4 regarding state best practices concerning matters relating to
5 school safety.
6 (3) Oversee the duties of the office and coordinate school
7 safety resources in consultation with other state agencies and
8 provide leadership regarding school safety matters.
9 Sec. 6. (a) The office shall:
10 (1) establish and maintain guidelines for using professional
11 architectural and engineering services to integrate physical
12 security improvements and safety practices in the
13 construction, renovation, repair, or alteration of a school
14 facility;
15 (2) carry out the office's responsibilities with regards to the
16 school safety specialist training and certification program
17 established by IC 10-21-1-13;
18 (3) establish and maintain guidelines for establishing
19 emergency response protocols in cooperation with other state
20 agencies;
21 (4) carry out the office's responsibilities to safe school
22 committees established under IC 10-21-1-14;
23 (5) coordinate the department's response and recovery
24 assistance to a school in the event of a manmade or natural
25 disaster;
26 (6) provide information and guidance to assist school
27 corporations or schools to establish mutual aid disaster
28 assistance agreements with other schools or school
29 corporations;
30 (7) study and collect information to integrate lessons learned
31 from previous school disasters throughout the country into
32 the curriculum of the school safety specialist training and
33 certification program established by IC 10-21-1-13 and
34 guidelines established by the division under this subsection;
35 (8) establish and maintain guidelines, in consultation with the
36 department of education and institute for criminal justice, for
37 developing and maintaining school safety plans as described
38 in IC 10-21-1-10 and IC 10-21-1-11; and
39 (9) assist the secured school safety board established by
40 IC 10-21-1-3 in conducting the review and submitting the
41 report as described in IC 10-21-1-8.
42 (b) The office may:
HB 1637—LS 7685/DI 116 3
1 (1) request a meeting with a school corporation or charter
2 school to review a school safety plan as described in
3 IC 10-21-1-10;
4 (2) request to provide an onsite safety review for a school
5 corporation or charter school;
6 (3) request to provide guidance or assistance relating to school
7 safety matters to a school corporation or charter school;
8 (4) provide assistance or guidance relating to school safety
9 matters upon request by a nonpublic school that has
10 voluntarily become accredited under IC 20-31-4.1 or is
11 accredited by a national or regional accrediting agency that
12 is recognized by the state board; and
13 (5) provide assistance or guidance relating to school safety
14 matters upon request by a county school safety commission
15 established under IC 10-21-1-12.
16 The applicable school corporation or charter school must comply
17 with any requests made by the office under this subsection.
18 (c) The office shall maintain a secure website to provide school
19 officials and public safety officials access to information that is
20 considered classified under IC 5-14-3-4(b)(1), IC 5-14-3-4(b)(18),
21 and IC 5-14-3-4(b)(19) or other sensitive information that may
22 assist school officials and public safety officials in improving school
23 safety or responding to a manmade or natural disaster.
24 (d) The office shall maintain a public website that contains:
25 (1) the guidelines established by the office under subsection
26 (a);
27 (2) best practices pertaining to school safety; and
28 (3) any other information the office determines may be
29 necessary to carry out the office's duties or responsibilities
30 under this section.
31 SECTION 2. IC 10-19-7-3, AS AMENDED BY P.L.56-2023,
32 SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 3. (a) The state fire marshal appointed under
34 IC 22-14-2-2 shall manage the department's administration of the
35 following:
36 (1) IC 16-31.
37 (2) (1) IC 22-11.
38 (3) (2) IC 22-12.
39 (4) (3) IC 22-13.
40 (5) (4) IC 22-14.
41 (6) (5) IC 22-15.
42 (b) In carrying out the duties under subsection (a), the state fire
HB 1637—LS 7685/DI 116 4
1 marshal shall do the following:
2 (1) Provide department staff to support the fire prevention and
3 building safety commission established by IC 22-12-2-1.
4 (2) Partner with state agencies, including the Indiana department
5 of health and state educational institutions, to develop public
6 safety education and outreach programs.
7 (c) The state fire marshal may not exercise any powers or perform
8 any duties specifically assigned to either of the following:
9 (1) The fire prevention and building safety commission.
10 (2) The state building commissioner.
11 (d) The state fire marshal may delegate the state fire marshal's
12 authority to the appropriate department staff.
13 SECTION 3. IC 10-21-1-2, AS AMENDED BY P.L.201-2023,
14 SECTION 128, IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The Indiana secured school
16 fund is established to provide:
17 (1) matching grants to school corporations, charter schools, and
18 accredited nonpublic schools, where the matching grants may be
19 used to:
20 (A) employ a school resource officer, employ a law
21 enforcement officer, or enter into a contract or a memorandum
22 of understanding with a:
23 (i) local law enforcement agency;
24 (ii) private entity; or
25 (iii) nonprofit corporation;
26 to employ a school resource officer or a law enforcement
27 officer;
28 (B) conduct:
29 (i) a site vulnerability assessment of the buildings within a
30 school corporation or the buildings that are operated by a
31 charter school or accredited nonpublic school; or
32 (ii) critical incident digital mapping of the buildings within
33 a school corporation or the buildings that are operated by a
34 charter school or accredited nonpublic school;
35 (C) purchase equipment, hardware, materials, and technology
36 to:
37 (i) restrict access to school property and classrooms;
38 (ii) assist with visitor management on school property;
39 (iii) expedite notification of first responders;
40 (iv) expedite access to school property for first responders;
41 (v) provide school staff with information about the open or
42 closed status of interior and exterior doors;
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1 (vi) detect fire, chemical, visual, or audible threats;
2 (vii) enhance emergency communications inside the
3 building; or
4 (viii) assist with emergency medical response on school
5 property;
6 (D) implement a student and parent support services plan as
7 described in IC 20-34-9;
8 (E) purchase or provide training for a canine trained to detect
9 drugs and illegal substances, explosives, or firearms, or to
10 otherwise provide protection for students and school
11 employees and the canine shall:
12 (i) be primarily assigned to a school corporation, charter
13 school, or accredited nonpublic school;
14 (ii) be primarily assigned to a school resource officer or law
15 enforcement officer described in clause (A) who has
16 received appropriate training for handling a canine trained
17 to detect drugs and illegal substances, explosives, or
18 firearms, or to otherwise provide protection for students and
19 school employees, including training regarding handling a
20 canine in a school setting; and
21 (iii) receive continuous training as appropriate;
22 (F) provide funding for school employees to receive training,
23 including expenses for per diem, travel, and lodging, related
24 to:
25 (i) site vulnerability assessments;
26 (ii) mental health or behavioral health threat assessments;
27 (iii) multi-disciplinary threat assessment teams; or
28 (iv) emergency preparedness or response activities;
29 (G) provide funding for school resource officers or law
30 enforcement officers described in clause (A) to receive
31 training, including expenses for per diem, travel, and lodging,
32 related to handling a canine trained to detect drugs and illegal
33 substances, explosives, or firearms, or to otherwise provide
34 protection for students and school employees;
35 (H) purchase student safety management technology;
36 (I) design and construct additions or renovations on school
37 property if the primary purpose of the construction project is
38 to enhance the physical security of the school building; or
39 (J) implement a bullying prevention program; and
40 (2) one (1) time grants to enable school corporations, charter
41 schools, and accredited nonpublic schools with the sheriff for the
42 county in which the school corporation, charter school, or
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1 accredited nonpublic school is located, to provide the initial set up
2 costs for an active event warning system; and
3 (3) financial assistance for projects of the office of school
4 safety that are approved by the board.
5 (b) A school corporation or charter school may use money received
6 under a matching grant for a purpose listed in subsection (a) to provide
7 a response to a threat in a manner that the school corporation or charter
8 school sees fit, including firearms training or other self-defense
9 training.
10 (c) The fund shall be administered by the department of homeland
11 security.
12 (d) The fund consists of:
13 (1) appropriations from the general assembly;
14 (2) federal grants;
15 (3) amounts deposited from any other public or private source;
16 and
17 (4) amounts deposited under IC 33-37-9-4.
18 (e) The expenses of administering the fund shall be paid from
19 money in the fund.
20 (f) The treasurer of state shall invest the money in the fund not
21 currently needed to meet the obligations of the fund in the same
22 manner as other public money may be invested. Interest that accrues
23 from these investments shall be deposited in the fund.
24 (g) Money in the fund at the end of a state fiscal year does not revert
25 to the state general fund.
26 SECTION 4. IC 10-21-1-3, AS AMENDED BY P.L.43-2021,
27 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 3. (a) The secured school safety board is
29 established to approve or disapprove applications for matching grants
30 to fund programs described in section 2(a)(1) of this chapter and grants
31 described in section 2(a)(2) of this chapter to fund the initial set up
32 costs for an active event warning system.
33 (b) The board consists of seven (7) eleven (11) members appointed
34 as follows:
35 (1) The executive director of the department of homeland security
36 or the executive director's designee. The executive director of the
37 department of homeland security or the executive director's
38 designee serves as the chairperson of the board.
39 (2) The attorney general or the attorney general's designee.
40 (3) The superintendent of the state police department or the
41 superintendent's designee.
42 (4) A local law enforcement officer appointed by the governor.
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1 (5) The secretary of education or the secretary's designee.
2 (6) The director of the criminal justice institute or the director's
3 designee.
4 (7) An employee of a local school corporation or a charter school
5 appointed by the governor.
6 (8) An employee of a charter school appointed by the
7 governor.
8 (9) A school resource officer appointed by the governor.
9 (10) An emergency medical responder appointed by the
10 governor.
11 (11) A firefighter appointed by the governor.
12 (c) The board shall establish criteria to be used in evaluating
13 applications for grants from the fund. These criteria must:
14 (1) be consistent with the fund's goals; and
15 (2) provide for an equitable distribution of grants to school
16 corporations, charter schools, and accredited nonpublic schools
17 located throughout Indiana.
18 SECTION 5. IC 10-21-1-10, AS AMENDED BY P.L.135-2024,
19 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 10. (a) A school corporation shall develop a
21 school safety plan in accordance with subsection (c) for review as
22 described in section 11 of this chapter.
23 (b) Each charter school shall develop a school safety plan in
24 accordance with subsection (c) for review as described in section 11 of
25 this chapter. A charter school in operation on July 1, 2023, shall
26 comply with this subsection on or before July 1, 2024.
27 (c) The school safety plan:
28 (1) must be developed by a school safety specialist and the
29 school's safe school committee, including a school resource
30 officer if one (1) is employed by the school corporation or charter
31 school, in consultation with the:
32 (A) law enforcement agency; and
33 (B) fire department;
34 that have jurisdiction over the particular school building;
35 (2) must:
36 (A) protect against outside and internal threats to the physical
37 safety of students, faculty, staff, and the public, including
38 unsafe conditions, crime prevention, school violence, bullying
39 and cyberbullying, criminal organization activity, child abuse
40 and child sexual abuse, mental health and behavioral health,
41 suicide awareness and prevention, violence prevention and
42 training, situational awareness, and other issues that prevent
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1 the maintenance of a safe school;
2 (B) prevent unauthorized access to school property and
3 interior areas or rooms, including the management of
4 authorized visitors on school property, before, during, and
5 after regular school hours;
6 (C) secure schools against natural and manmade disasters,
7 including all emergency preparedness drill requirements set
8 forth in IC 20-34-3-20;
9 (D) establish an armed intruder drill protocol that:
10 (i) provides accommodations for students who have mobility
11 restrictions, sensory needs, or auditory or visual limitations;
12 (ii) emphasizes the practical nature of the drill;
13 (iii) provides access to mental health services on school
14 grounds following the conclusion of a drill;
15 (iv) provides advance notice of a drill to parents or legal
16 guardians of students who attend the school; and
17 (v) provides alternative exercises for students who are
18 unable to participate in a drill;
19 (E) include a site vulnerability assessment for each school
20 building;
21 (F) not later than July 1, 2025, include the establishment of a
22 multi-disciplinary threat assessment team;
23 (G) include measures to expedite notification of first
24 responders and access to school property for first responders;
25 and
26 (H) include any additional requirements required by the
27 Indiana state board of education; and
28 (I) include measures to annually inspect each protective
29 door assembly on school buildings to ensure compliance
30 with standards established by the fire prevention and
31 building safety commission;
32 (3) must be provided to a member of the board if a member
33 requests the school safety plan;
34 (4) must be available for inspection by the department of
35 education's division of school building physical security and
36 safety (as established by IC 20-19-3-14); department's office of
37 school safety (as established by IC 10-19-3.5-4);
38 (5) must be provided to the law enforcement agency and the fire
39 department that have jurisdiction over the school corporation or
40 charter school;
41 (6) must include an attestation that:
42 (A) a copy of the floor plans for each building located on the
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1 school's property were provided to the law enforcement agency
2 and the fire department that have jurisdiction over the school
3 corporation or charter school that clearly indicates each
4 entrance and exit, the interior rooms and hallways, and the
5 location of any hazardous materials located in the building; or
6 (B) the school corporation or charter school has conducted
7 critical incidence digital mapping for each school building
8 within the school corporation or the buildings that are operated
9 by a charter school, including providing the critical incidence
10 digital mapping information to:
11 (i) the law enforcement agency and fire department that
12 have jurisdiction over the mapped school buildings; and
13 (ii) the statewide 911 system described in IC 36-8-16.7-22
14 through the public safety answer point, or "PSAP",
15 described in IC 36-8-16.7-20 that has jurisdiction over the
16 mapped school buildings; and
17 (7) must be filed with the county school safety commission under
18 section 12 of this chapter having jurisdiction over the school
19 corporation or charter school.
20 (d) For purposes of IC 5-14-3, the entities specified in subsection (c)
21 that receive information under this section shall keep the information
22 compiled and retained under this section confidential and shall
23 withhold the information from public disclosure.
24 SECTION 6. IC 10-21-1-12, AS AMENDED BY P.L.148-2024,
25 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 12. (a) Not later than December 31, 2023, a
27 county shall establish a county school safety commission. Unless
28 otherwise specified in subsection (b)(1) through (b)(11), (b)(12), the
29 members described in subsection (b) are appointed by the school
30 corporation having the largest ADM (as defined in IC 20-18-2-2), as
31 determined in the fall count of ADM in the school year ending in the
32 current calendar year.
33 (b) The members of the commission are as follows:
34 (1) A school safety specialist for each school corporation located
35 in whole or in part in the county.
36 (2) The judge of the court having juvenile jurisdiction in the
37 county or the judge's designee.
38 (3) The sheriff of the county or the sheriff's designee.
39 (4) The chief officer of every other law enforcement agency in the
40 county, or the chief officer's designee.
41 (5) A representative of the juvenile probation system, appointed
42 by the judge described in subdivision (2).
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1 (6) Representatives of community agencies that work with
2 children within the county.
3 (7) A representative of the Indiana state police district that serves
4 the county, appointed by the Indiana state police.
5 (8) A prosecuting attorney or deputy prosecuting attorney who
6 specializes in the prosecution of juveniles, appointed by the
7 prosecuting attorney.
8 (9) A school safety specialist of a charter school representing the
9 interests and viewpoints of charter schools within the
10 commission's jurisdiction if at least one (1) charter school within
11 the commission's jurisdiction requests to participate.
12 (10) A school safety specialist of an accredited nonpublic school
13 representing the interests and viewpoints of accredited nonpublic
14 schools within the commission's jurisdiction if at least one (1)
15 accredited nonpublic school requests to participate.
16 (11) The fire chief of a fire department in the county, or the
17 fire chief's designee.
18 (11) (12) Other appropriate individuals selected by the
19 commission.
20 (c) Once a commission is established, the school safety specialist of
21 the school corporation having the largest ADM (as defined in
22 IC 20-18-2-2), as determined in the fall count of ADM in the school
23 year ending in the current calendar year, in the county shall convene
24 the initial meeting of the commission.
25 (d) The members shall annually elect a chairperson.
26 (e) A commission shall perform the following duties:
27 (1) Periodically perform a cumulative analysis of school safety
28 needs within the county.
29 (2) Coordinate and make recommendations for the following:
30 (A) Prevention of juvenile offenses and improving the
31 reporting of juvenile offenses within the schools.
32 (B) Proposals for identifying and assessing children who are
33 at high risk of experiencing a mental health or behavioral
34 health crisis or becoming juvenile offenders.
35 (C) Methods to meet the educational needs of children who
36 have been detained as juvenile offenders.
37 (D) Methods to improve communications among agencies that
38 work with children.
39 (E) Methods to improve school security and emergency
40 preparedness.
41 (F) Additional equipment or personnel that are necessary to
42 carry out school safety plans.
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1 (G) Pooling resources, combining purchases, using shared
2 administrative services, or collaborating among participating
3 school corporations, school corporation career and technical
4 education schools described in IC 20-37-1-1, and charter
5 schools to improve the maintenance of safe schools.
6 (H) Implementing best practices and procedures to use critical
7 incidence digital mapping in the event of an emergency within
8 the county.
9 (I) Any other topic the commission considers necessary to
10 improve school safety within the commission's jurisdiction.
11 (3) Provide assistance to school safety specialists and school
12 resource officers within the commission's jurisdiction in
13 developing and:
14 (A) implementing school safety plans; and
15 (B) requesting grants from the fund.
16 (4) Assist accredited nonpublic schools within the commission's
17 jurisdiction that voluntarily submit a school safety plan or a local
18 school safety and emergency plan (described in IC 20-34-3-23) to
19 the commission seeking assistance in carrying out the school
20 safety plan.
21 (f) The affirmative votes of a majority of the voting members of the
22 commission are required for the commission to take action on a
23 measure.
24 (g) A commission shall receive the school safety plans for the
25 school corporations and charter schools located in the county.
26 (h) A commission may receive from an accredited nonpublic school
27 within the commission's jurisdiction a school safety plan or a local
28 school safety and emergency plan described in IC 20-34-3-23.
29 (i) The commission shall keep the school safety plans compiled and
30 retained under this section confidential and shall withhold the
31 information from public disclosure.
32 (j) The commission may share the school safety plans under
33 subsections (g) and (h) with law enforcement and first responder
34 agencies that have jurisdiction over the school corporation, charter
35 school, or accredited nonpublic school. For the purposes of IC 5-14-3,
36 the entities receiving a school safety plan under this subsection shall
37 keep information compiled and retained under subsections (g) and (h)
38 confidential and shall withhold the information from public disclosure.
39 (k) A commission shall annually submit to the board on a date
40 established by the board:
41 (1) meeting minutes;
42 (2) any meeting agenda materials directly related to taking action
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1 on a measure under this section; and
2 (3) a brief annual summary of its activities and accomplishments.
3 SECTION 7. IC 10-21-1-13, AS ADDED BY P.L.150-2023,
4 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 13. (a) The school safety specialist training and
6 certification program is established. The program shall be
7 administered by the office of school safety (as established by
8 IC 10-19-3.5-4).
9 (b) The school safety specialist training and certification program
10 shall provide:
11 (1) annual training sessions, which may be conducted through
12 distance learning or at regional centers; and
13 (2) information concerning best practices and available resources;
14 for school safety specialists and county school safety commissions.
15 (c) The department of education, office of school safety (as
16 established by IC 10-19-3.5-4) in consultation with the board and the
17 department of education, shall do the following:
18 (1) Assemble an advisory group of school safety specialists from
19 around the state to make recommendations concerning the
20 curriculum and standards for school safety specialist training.
21 (2) Develop an appropriate curriculum and the standards for the
22 school safety specialist training and certification program. The
23 department of education office of school safety may consult with
24 national school safety experts in developing the curriculum and
25 standards. The curriculum developed under this subdivision must
26 include training in:
27 (A) identifying, preventing, and intervening in bullying and
28 cyberbullying;
29 (B) identifying, preventing, and intervening in criminal
30 organization activity;
31 (C) identifying, preventing, and intervening in actions by a
32 person who is present on school property with the intent to
33 harm another person;
34 (D) developing and implementing a school safety plan in
35 accordance with this chapter;
36 (E) using a county school safety commission to improve
37 school safety and emergency preparedness; and
38 (F) using safe school committees to improve safety and
39 emergency preparedness for each school building.
40 (3) Administer the school safety specialist training and
41 certification program, including the following duties:
42 (A) Establish a school safety specialist certificate for
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1 candidates eligible under section 9 of this chapter who have
2 successfully completed the training program.
3 (B) Review the qualifications of each candidate, determine
4 their eligibility for certification, and present a certificate to
5 each school safety specialist eligible for certification.
6 SECTION 8. IC 10-21-1-14, AS AMENDED BY P.L.135-2024,
7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2025]: Sec. 14. (a) Each school operated by a school
9 corporation shall establish a safe school committee. The committee
10 may be a subcommittee of the committee that develops the strategic
11 and continuous school improvement and achievement plan under
12 IC 20-31-5. Each committee may include at least one (1) member who
13 is a member of the support staff of the school or school corporation
14 career and technical education school.
15 (b) Each school operated by a charter school shall establish a safe
16 school committee. A charter school in operation on July 1, 2023, shall
17 comply with this subsection not later than July 1, 2024.
18 (c) The safe school committee shall actively participate in and assist
19 with the development of the school safety plan.
20 (d) The department of education, office of school safety (as
21 established by IC 10-19-3.5-4), the school corporation's or charter
22 school's school safety specialist or specialists, and a school resource
23 officer, if one (1) is employed by the school corporation or charter
24 school, shall provide materials and guidelines to assist a safe school
25 committee in developing a policy for a particular school that addresses
26 the following issues:
27 (1) Implementation of the school safety plan.
28 (2) Addressing outside and internal threats to the physical safety
29 of students, faculty, staff, and the public, including unsafe
30 conditions, crime prevention, school violence, bullying and
31 cyberbullying, criminal organization activity, child abuse and
32 child sexual abuse, mental health and behavioral health, suicide
33 awareness and prevention, violence prevention and training,
34 situational awareness, and other issues that prevent the
35 maintenance of a safe school.
36 (3) Addressing the professional development needs for faculty
37 and staff to implement methods that decrease problems identified
38 under subdivision (2).
39 (4) Identifying and implementing methods to encourage:
40 (A) involvement by the community, families, and students;
41 (B) development of relationships between students and school
42 faculty and staff; and
HB 1637—LS 7685/DI 116 14
1 (C) use of problem solving teams.
2 (5) Consideration of the effect of armed intruder drills on the
3 safety and mental health of students, faculty, and staff.
4 (e) The guidelines developed under subsection (d) must include age
5 appropriate, trauma informed, evidence based information (as defined
6 in 34 U.S.C. 10554(4)) that assists school corporations or charter
7 schools and safe school committees in:
8 (1) developing and implementing bullying and cyberbullying
9 prevention programs;
10 (2) establishing investigation and reporting procedures related to
11 bullying and cyberbullying; and
12 (3) adopting discipline rules that comply with IC 20-33-8-13.5.
13 (f) In addition to developing guidelines under subsection (d), the
14 office of school safety, in consultation with the department of
15 education, shall establish categories of types of bullying incidents to
16 allow school corporations to use the categories in making reports under
17 IC 20-20-8-8 and IC 20-34-6-1.
18 (g) The materials and guidelines provided under subsection (d) must
19 include the model educational materials and model response policies
20 and reporting procedures on child abuse and child sexual abuse
21 developed or identified under IC 20-19-3-11.
22 SECTION 9. IC 10-21-1-15, AS ADDED BY P.L.150-2023,
23 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 15. An accredited nonpublic school may do one
25 (1) or more of the following:
26 (1) Designate one (1) or more individuals to obtain school safety
27 specialist certification under section 13 of this chapter to perform
28 school safety specialist duties under this chapter.
29 (2) Establish a school safety plan in accordance with section 10
30 of this chapter.
31 (3) Establish a safe school committee.
32 (4) Submit a school safety plan to the county school safety
33 commission having jurisdiction over the accredited nonpublic
34 school.
35 (5) Request to join the county school safety commission having
36 jurisdiction over the accredited nonpublic school or be
37 represented by another accredited nonpublic school's school
38 safety specialist on the same commission.
39 (6) Request general guidance relating to school safety matters
40 from one (1) or more of the following:
41 (A) The board.
42 (B) The department of education.
HB 1637—LS 7685/DI 116 15
1 (C) The department of homeland security. office of school
2 safety (as established by IC 10-19-3.5-4).
3 (D) The county school safety commission having jurisdiction
4 over the accredited nonpublic school.
5 SECTION 10. IC 10-21-1-16, AS ADDED BY P.L.218-2023,
6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 16. (a) A school corporation, charter school, or
8 accredited nonpublic school may apply to the department board for a
9 grant from the fund to:
10 (1) increase school safety by:
11 (A) helping teachers, school staff, and school employees
12 acquire specialized firearms instruction as described in
13 IC 10-21-3; and
14 (B) defraying tuition related expenses for teachers, school
15 staff, and school employees who wish to enroll in the course
16 of firearms instruction described in IC 10-21-3; or
17 (2) provide funding in the event of a school shooting to cover the
18 costs of counseling for students, teachers, school staff, and school
19 employees.
20 (b) A school corporation, charter school, or accredited nonpublic
21 school:
22 (1) is not subject to the restriction in section 4 of this chapter that
23 a school corporation, charter school, or accredited nonpublic
24 school may receive only one (1) matching grant each year; and
25 (2) may receive an additional matching grant under section 4 of
26 this chapter for the purposes described in subsection (a).
27 SECTION 11. IC 10-21-1.5-4, AS ADDED BY P.L.27-2016,
28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 4. Not later than July 1, 2017, The department
30 office of school safety (as established by IC 10-19-3.5-4) shall
31 establish and maintain guidelines for emergency response systems. The
32 department office of school safety shall establish emergency response
33 system guidelines with input from the division of school building
34 physical security and safety (established by IC 20-19-3-14).
35 department of education.
36 SECTION 12. IC 13-17-9-1 IS AMENDED TO READ AS
37 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Subject to section
38 3 of this chapter, a person may open burn the following for
39 maintenance purposes:
40 (1) Vegetation from:
41 (A) a farm;
42 (B) an orchard;
HB 1637—LS 7685/DI 116 16
1 (C) a nursery;
2 (D) a tree farm;
3 (E) a cemetery; or
4 (F) a drainage ditch.
5 (2) Vegetation from agricultural land if the open burn occurs in
6 an unincorporated area.
7 (3) Wood products derived from pruning or clearing a roadside by
8 a county highway department.
9 (4) Wood products derived from the initial clearing of a public
10 utility right-of-way if the open burn occurs in an unincorporated
11 area.
12 (5) Undesirable:
13 (A) wood structures on real property; or
14 (B) wood remnants of the demolition of a predominantly
15 wooden structure originally located on real property;
16 located in an unincorporated area.
17 (b) Subject to section 3 of this chapter, the department of
18 homeland security, a municipal fire department, or a volunteer fire
19 department may open burn the following for fire training
20 purposes:
21 (1) Propane, straw, or clean wood pallets.
22 (2) Wood framing, wood flooring, drywall, and home
23 furnishing in the department of homeland security's mobile
24 burn demonstration unit (BDU).
25 (b) (c) A person who is allowed to open burn under subsection (a)
26 or (b) is not required to obtain:
27 (1) a permit; or
28 (2) any other authorization;
29 from the department, a unit of local government, or a volunteer fire
30 department before conducting the open burning.
31 SECTION 13. IC 13-17-9-3 IS AMENDED TO READ AS
32 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. All open burning that
33 is allowed under this chapter must comply with the following
34 conditions:
35 (1) A person who open burns any material shall extinguish the fire
36 if the fire creates a nuisance or fire hazard.
37 (2) Burning may not be conducted during unfavorable
38 meteorological conditions such as high winds, temperature
39 inversions, or air stagnation, except open burning conducted in
40 accordance with section 1(b) of this chapter.
41 (3) All fires must be attended at all times during burning until
42 completely extinguished.
HB 1637—LS 7685/DI 116 17
1 (4) All asbestos containing materials must be removed before the
2 burning of a structure.
3 (5) Asbestos containing materials may not be burned.
4 (6) Open burning for the purpose of fire training under
5 section 1(b) of this chapter:
6 (A) must be conducted at the department of homeland
7 security's mobile burn demonstration unit (BDU) or at fire
8 training facilities located on property owned or controlled
9 by the department of homeland security, a local unit of
10 government, a municipal fire department, or a volunteer
11 fire department; and
12 (B) may not be conducted for disposal purposes.
13 (6) (7) Except as provided under section 1 of this chapter, all
14 burning must comply with state and federal laws. However, open
15 burning conducted in accordance with section 1(b) of this
16 chapter is exempt from any rule or department imposed
17 requirements that are more stringent than the requirements
18 of this section.
19 SECTION 14. IC 20-19-3-14 IS REPEALED [EFFECTIVE JULY
20 1, 2025]. Sec. 14. (a) As used in this section, "division" refers to the
21 division of school building physical security and safety established by
22 subsection (c).
23 (b) As used in this section, "physical security" refers to security
24 measures that are designed to deny unauthorized access to a building
25 or facility, including equipment and resources, and to protect
26 individuals and property from damage or harm.
27 (c) The division of school building physical security and safety is
28 established within the department.
29 (d) The division shall:
30 (1) establish and maintain guidelines for using professional
31 architectural and engineering services to integrate physical
32 security improvements and safety practices in the construction,
33 renovation, repair, or alteration of a school facility;
34 (2) carry out the department's responsibilities with regards to the
35 school safety specialist training and certification program
36 established in IC 10-21-1-13;
37 (3) establish and maintain guidelines for establishing emergency
38 response protocols in cooperation with other state agencies;
39 (4) carry out the department's responsibilities to safe school
40 committees under IC 10-21-1-14;
41 (5) coordinate the department's response and recovery assistance
42 to a school in the event of a manmade or natural disaster;
HB 1637—LS 7685/DI 116 18
1 (6) provide information and guidance to assist school corporations
2 or schools to establish mutual aid disaster assistance agreements
3 with other schools or school corporations;
4 (7) study and collect information to integrate lessons learned from
5 previous school disasters throughout the country into the
6 curriculum of the school safety specialist training and certification
7 program established in IC 10-21-1-13 and guidelines established
8 by the division under this subsection;
9 (8) establish and maintain guidelines, in consultation with the
10 department of homeland security and institute for criminal justice,
11 for developing and maintaining school safety plans as described
12 in IC 10-21-1-10 and IC 10-21-1-11; and
13 (9) assist the secured school safety board established by
14 IC 10-21-1-3 in conducting the review and submitting the report
15 as described in IC 10-21-1-8.
16 (e) The division may:
17 (1) request a meeting with a school corporation or charter school
18 to review a school safety plan as described in IC 10-21-1-10;
19 (2) request to provide an onsite safety review for a school
20 corporation or charter school;
21 (3) request to provide guidance or assistance relating to school
22 safety matters to a school corporation or charter school;
23 (4) provide assistance or guidance relating to school safety
24 matters upon request by a nonpublic school that has voluntarily
25 become accredited under IC 20-31-4.1 or is accredited by a
26 national or regional accrediting agency that is recognized by the
27 state board; and
28 (5) provide assistance or guidance relating to school safety
29 matters upon request by a county school safety commission under
30 IC 10-21-1-12.
31 (f) The division shall maintain a secure Internet web site to provide
32 school officials and public safety officials access to information that is
33 considered classified under IC 5-14-3-4(b)(1), IC 5-14-3-4(b)(18), and
34 IC 5-14-3-4(b)(19) or other sensitive information that may assist school
35 officials and public safety officials in improving school safety or
36 responding to a manmade or natural disaster.
37 (g) The division shall maintain a public website that contains:
38 (1) the guidelines established by the division under subsection
39 (d);
40 (2) best practices pertaining to school safety; and
41 (3) any other information the division determines may be
42 necessary to carry out the division's duties or responsibilities
HB 1637—LS 7685/DI 116 19
1 under this section.
2 SECTION 15. IC 22-12-2.5-3, AS ADDED BY P.L.155-2023,
3 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2025]: Sec. 3. The commission shall decide which building
5 codes shall be reviewed each calendar year, focusing on the oldest
6 building codes for review. Except as permitted under section 4(b) of
7 this chapter, the commission may not review adopt a final rule under
8 IC 4-22-2-29 for more than three (3) building codes during any
9 calendar year. twelve (12) month period.
10 SECTION 16. IC 22-12-7-1, AS AMENDED BY P.L.249-2019,
11 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 1. This chapter applies to the commission, the
13 education board, and every officer, employee, and agent of an office or
14 division within the department whenever the person has authority to
15 administer or enforce a law under IC 22-11 through IC 22-15,
16 IC 35-47.5, or IC 36-8-10.5.
17 SECTION 17. IC 22-12-7-8 IS AMENDED TO READ AS
18 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) If a licensee is
19 placed on probation under section 7 of this chapter, the person issuing
20 the order may require that licensee to:
21 (1) report regularly to the department or another person upon the
22 matters that are the basis of probation;
23 (2) limit use of property or other conduct to those areas prescribed
24 by the person issuing the order; or
25 (3) if the disciplined licensee is an inspector or an inspection
26 agency, continue or renew professional education under the
27 department or another person approved by the person issuing the
28 order until the person issuing the order finds that a satisfactory
29 degree of skill has been attained in those areas that are the basis
30 of the probation; or
31 (4) perform any acts, including community restitution or
32 service without compensation, or refrain from performing
33 any acts that the department considers appropriate to the
34 public interest or to the rehabilitation or treatment of the
35 practitioner.
36 (b) The person issuing the order may cancel a probation order if it
37 finds that the deficiency that required disciplinary action has been
38 remedied by the licensee.
39 SECTION 18. IC 22-12-7-12 IS AMENDED TO READ AS
40 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) This section
41 applies to an order issued by an officer, employee, or agent of an office
42 or division within the department.
HB 1637—LS 7685/DI 116 20
1 (b) The office or division issuing an order shall give a person who:
2 (1) is aggrieved by the order; and
3 (2) requests review of the order in verbal or written form;
4 an opportunity to informally discuss the order with the office or
5 division. Review under this subsection does not suspend the running of
6 the time period in which a person must petition under IC 4-21.5-3-7 to
7 appeal the order.
8 (c) The office or division issuing the order may, on its own initiative
9 or at the request of any person, modify its order or reverse the order.
10 (d) An order issued by an office or a division may be appealed to the
11 commission under IC 4-21.5-3-7. A decision to deny a request to
12 modify or reverse an order under subsection (c) is not appealable.
13 However, orders issued under IC 22-14-2-7, IC 22-14-2-7.5, or
14 IC 36-8-10.5 are appealed to the education board.
15 (e) If an order is appealed, the commission agency who is
16 responsible for reviewing the order under subsection (d) or its
17 designee shall conduct all administrative proceedings under IC 4-21.5.
18 In its proceedings, the commission agency conducting the proceeding
19 may modify the order to impose any requirement authorized under this
20 article or reverse the order.
21 SECTION 19. IC 22-14-2-4, AS AMENDED BY P.L.187-2021,
22 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 4. (a) The department may:
24 (1) enter and inspect any property, at a reasonable hour;
25 (2) issue and enforce administrative orders under IC 22-12-7 and
26 apply for judicial orders under IC 22-12-7-13;
27 (3) direct a fire department to assist the department;
28 (4) cooperate with law enforcement officers; and
29 (5) provide hazardous materials and counterterrorism:
30 (A) training;
31 (B) support; and
32 (C) response assistance.
33 (b) To carry out the state fire marshal's responsibility to conduct an
34 investigation into the causes and circumstances surrounding a fire or
35 an explosion, the state fire marshal or a department fire investigator
36 authorized by the state fire marshal may:
37 (1) exercise the powers of a law enforcement officer to prevent
38 fires and conduct arson investigations;
39 (2) direct a fire department to assist the state fire marshal or
40 department fire investigator; and
41 (3) cooperate with law enforcement officers.
42 (b) Notwithstanding any other law, changes made to this section
HB 1637—LS 7685/DI 116 21
1 during the 2025 regular session of the general assembly does not
2 affect ongoing investigations initiated by the state fire marshal
3 before July 1, 2025.
4 SECTION 20. IC 22-14-2-7, AS AMENDED BY P.L.93-2024,
5 SECTION 165, IS AMENDED TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) This section does not limit the
7 powers, rights, duties, and other responsibilities of municipal or county
8 governments or impose requirements affecting pension laws or any
9 other laws.
10 (b) This section does not require a member of a fire department to
11 be certified. However, under the authority provided in subsection
12 (c), the education board may, by rule, establish a program
13 requiring certification of fire service or nonfire service personnel.
14 (c) The education board may establish a program to be
15 administered by the department to:
16 (1) certify firefighting training and education programs that meet
17 the standards set by the education board;
18 (2) certify fire department instructors who meet the qualifications
19 set by the education board;
20 (3) direct research in the field of firefighting and fire prevention
21 and accept gifts and grants to direct this research;
22 (4) recommend curricula for advanced training courses and
23 seminars in fire science or fire engineering training to public and
24 private postsecondary educational institutions;
25 (5) certify fire service personnel and nonfire service personnel
26 who meet the qualifications set by the education board;
27 (6) require fire service personnel certified at any level to fulfill
28 continuing education requirements in order to maintain
29 certification; or
30 (7) contract or cooperate with any person and adopt rules under
31 IC 4-22-2, and as authorized under IC 36-8-10.5-7, to carry out its
32 responsibilities under this section.
33 (d) The education board may impose a reasonable fee for the
34 issuance of a certification described in subsection (c). The board
35 department shall deposit the fee in the fire and building services fund
36 established by IC 22-12-6-1.
37 (e) The education board is the ultimate authority for orders
38 issued by the department under this section.
39 SECTION 21. IC 22-14-2-8, AS AMENDED BY P.L.187-2021,
40 SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 8. (a) Regardless of the extent of the investigation
42 conducted by a fire department under IC 36-8-17-7, the state fire
HB 1637—LS 7685/DI 116 22
1 marshal or a department fire investigator authorized by the state fire
2 marshal may conduct an investigation into the causes and
3 circumstances surrounding any fire or explosion.
4 (b) To carry out this section, the state fire marshal or a department
5 fire investigator authorized by the state fire marshal may:
6 (1) exercise its powers under section 4 of this chapter and
7 subsection (e);
8 (2) assist a prosecuting attorney with any criminal investigation;
9 (3) subpoena witnesses and order the production of books,
10 documents, and other evidence;
11 (4) give oaths and affirmations;
12 (5) take depositions and conduct hearings;
13 (6) separate witnesses and otherwise regulate the course of
14 proceedings; and
15 (7) obtain and secure evidence.
16 (c) Subpoenas, discovery orders, and protective orders issued under
17 this section shall be enforced under IC 4-21.5-6-2.
18 (d) A person who is summoned and testifies under this section is
19 entitled to receive a minimum salary per diem and a mileage allowance
20 from the fire and building services fund. The budget agency shall set
21 the amount of the per diem and mileage allowance.
22 (e) The state fire marshal and the department fire investigators
23 authorized by the state fire marshal have are law enforcement officers
24 authority at all times while discharging their duties under this section
25 as employees of the department.
26 (f) The executive director of the department has is a law
27 enforcement authority at all times officer while discharging the duties
28 of the executive director. under this section.
29 SECTION 22. IC 22-15-3.2-7, AS AMENDED BY P.L.187-2021,
30 SECTION 105, IS AMENDED TO READ AS FOLLOWS
31 [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) A design release shall be
32 issued to an applicant without a plan review if:
33 (1) the applicant submits a complete application; and
34 (2) the department does not select the application for a plan
35 review under this section.
36 (b) The department may select any application for design release to
37 be subject to a plan review. The department has complete discretion in
38 the criteria used by the department to select a design release
39 application for a plan review. A criterion used by the department may
40 be whether the design professional has received disciplinary sanctions
41 under IC 25-1-11-12 within the preceding five (5) years.
42 (c) Not later than July 1, 2025, the department shall identify and
HB 1637—LS 7685/DI 116 23
1 publish a list of projects that qualify under subsection (a)(2) for
2 release without a plan review.
3 SECTION 23. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
4 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 16. (a) A practitioner shall comply with the
6 standards established under this licensing program. A practitioner is
7 subject to the exercise of the disciplinary sanctions under subsection
8 (b) IC 22-12-7-7 if the department finds that a practitioner has:
9 (1) engaged in or knowingly cooperated in fraud or material
10 deception in order to obtain a license to practice, including
11 cheating on a licensing examination;
12 (2) engaged in fraud or material deception in the course of
13 professional services or activities;
14 (3) advertised services or goods in a false or misleading manner;
15 (4) falsified or knowingly allowed another person to falsify
16 attendance records or certificates of completion of continuing
17 education courses provided under this chapter;
18 (5) been convicted of a crime that has a direct bearing on the
19 practitioner's ability to continue to practice competently;
20 (6) knowingly violated a state statute or rule or federal statute or
21 regulation regulating the profession for which the practitioner is
22 licensed;
23 (7) continued to practice although the practitioner has become
24 unfit to practice due to:
25 (A) professional incompetence;
26 (B) failure to keep abreast of current professional theory or
27 practice;
28 (C) physical or mental disability; or
29 (D) addiction to, abuse of, or severe dependency on alcohol or
30 other drugs that endanger the public by impairing a
31 practitioner's ability to practice safely;
32 (8) engaged in a course of lewd or immoral conduct in connection
33 with the delivery of services to the public;
34 (9) allowed the practitioner's name or a license issued under this
35 chapter to be used in connection with an individual or business
36 who renders services beyond the scope of that individual's or
37 business's training, experience, or competence;
38 (10) had disciplinary action taken against the practitioner or the
39 practitioner's license to practice in another state or jurisdiction on
40 grounds similar to those under this chapter;
41 (11) assisted another person in committing an act that would
42 constitute a ground for disciplinary sanction under this chapter;
HB 1637—LS 7685/DI 116 24
1 or
2 (12) allowed a license issued by the department to be:
3 (A) used by another person; or
4 (B) displayed to the public when the license has expired, is
5 inactive, is invalid, or has been revoked or suspended.
6 For purposes of subdivision (10), a certified copy of a record of
7 disciplinary action constitutes prima facie evidence of a disciplinary
8 action in another jurisdiction.
9 (b) The department may impose one (1) or more of the following
10 sanctions if the department finds that a practitioner is subject to
11 disciplinary sanctions under subsection (a):
12 (1) Permanent revocation of a practitioner's license.
13 (2) Suspension of a practitioner's license.
14 (3) Censure of a practitioner.
15 (4) Issuance of a letter of reprimand.
16 (5) Assessment of a civil penalty against the practitioner in
17 accordance with the following:
18 (A) The civil penalty may not be more than one thousand
19 dollars ($1,000) for each violation listed in subsection (a),
20 except for a finding of incompetency due to a physical or
21 mental disability.
22 (B) When imposing a civil penalty, the department shall
23 consider a practitioner's ability to pay the amount assessed. If
24 the practitioner fails to pay the civil penalty within the time
25 specified by the department, the department may suspend the
26 practitioner's license without additional proceedings. However,
27 a suspension may not be imposed if the sole basis for the
28 suspension is the practitioner's inability to pay a civil penalty.
29 (6) Placement of a practitioner on probation status and
30 requirement of the practitioner to:
31 (A) report regularly to the department upon the matters that
32 are the basis of probation;
33 (B) limit practice to those areas prescribed by the department;
34 (C) continue or renew professional education approved by the
35 department until a satisfactory degree of skill has been attained
36 in those areas that are the basis of the probation; or
37 (D) perform or refrain from performing any acts, including
38 community restitution or service without compensation, that
39 the department considers appropriate to the public interest or
40 to the rehabilitation or treatment of the practitioner.
41 The department may withdraw or modify this probation if the
42 department finds after a hearing that the deficiency that required
HB 1637—LS 7685/DI 116 25
1 disciplinary action has been remedied or that changed
2 circumstances warrant a modification of the order.
3 (c) (b) If an applicant or a practitioner has engaged in or knowingly
4 cooperated in fraud or material deception to obtain a license to
5 practice, including cheating on the licensing examination, the
6 department may rescind the license if it has been granted, void the
7 examination or other fraudulent or deceptive material, and prohibit the
8 applicant from reapplying for the license for a length of time
9 established by the department.
10 (d) (c) The department may deny licensure to an applicant who has
11 had disciplinary action taken against the applicant or the applicant's
12 license to practice in another state or jurisdiction or who has practiced
13 without a license in violation of the law. A certified copy of the record
14 of disciplinary action is conclusive evidence of the other jurisdiction's
15 disciplinary action.
16 (e) (d) The department may order a practitioner to submit to a
17 reasonable physical or mental examination if the practitioner's physical
18 or mental capacity to practice safely and competently is at issue in a
19 disciplinary proceeding. Failure to comply with a department order to
20 submit to a physical or mental examination makes a practitioner liable
21 to temporary suspension under subsection (j). (h).
22 (f) (e) Except as provided under subsection (f) or (g), or (h), a
23 license may not be denied, revoked, or suspended because the applicant
24 or holder has been convicted of an offense. The acts from which the
25 applicant's or holder's conviction resulted may, however, be considered
26 as to whether the applicant or holder should be entrusted to serve the
27 public in a specific capacity.
28 (g) (f) The department may deny, suspend, or revoke a license
29 issued under this chapter if the individual who holds the license is
30 convicted of any of the following:
31 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
32 (2) Possession of methamphetamine under IC 35-48-4-6.1.
33 (3) Possession of a controlled substance under IC 35-48-4-7(a).
34 (4) Fraudulently obtaining a controlled substance under
35 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
36 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
37 (5) Manufacture of paraphernalia as a Class D felony (for a crime
38 committed before July 1, 2014) or a Level 6 felony (for a crime
39 committed after June 30, 2014) under IC 35-48-4-8.1(b).
40 (6) Dealing in paraphernalia as a Class D felony (for a crime
41 committed before July 1, 2014) or a Level 6 felony (for a crime
42 committed after June 30, 2014) under IC 35-48-4-8.5(b).
HB 1637—LS 7685/DI 116 26
1 (7) Possession of paraphernalia as a Class D felony (for a crime
2 committed before July 1, 2014) or a Level 6 felony (for a crime
3 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
4 its amendment on July 1, 2015).
5 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
6 D felony (for a crime committed before July 1, 2014) or a Level
7 6 felony (for a crime committed after June 30, 2014) under
8 IC 35-48-4-11.
9 (9) A felony offense under IC 35-48-4 involving possession of a
10 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
11 controlled substance analog (as defined in IC 35-48-1-9.3), or
12 possession of a synthetic drug lookalike substance (as defined in
13 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
14 (A) Class D felony for a crime committed before July 1, 2014;
15 or
16 (B) Level 6 felony for a crime committed after June 30, 2014;
17 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
18 (10) Maintaining a common nuisance under IC 35-48-4-13
19 (repealed) or IC 35-45-1-5, if the common nuisance involves a
20 controlled substance.
21 (11) An offense relating to registration, labeling, and prescription
22 forms under IC 35-48-4-14.
23 (h) (g) The department shall deny, revoke, or suspend a license
24 issued under this chapter if the individual who holds the license is
25 convicted of any of the following:
26 (1) Dealing in a controlled substance resulting in death under
27 IC 35-42-1-1.5.
28 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
29 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
30 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
31 (5) Dealing in a schedule I, II, or III controlled substance under
32 IC 35-48-4-2.
33 (6) Dealing in a schedule IV controlled substance under
34 IC 35-48-4-3.
35 (7) Dealing in a schedule V controlled substance under
36 IC 35-48-4-4.
37 (8) Dealing in a substance represented to be a controlled
38 substance under IC 35-48-4-4.5 (repealed).
39 (9) Knowingly or intentionally manufacturing, advertising,
40 distributing, or possessing with intent to manufacture, advertise,
41 or distribute a substance represented to be a controlled substance
42 under IC 35-48-4-4.6.
HB 1637—LS 7685/DI 116 27
1 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
2 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
3 under IC 35-48-4-10.
4 (12) An offense under IC 35-48-4 involving the manufacture or
5 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
6 synthetic drug lookalike substance (as defined in
7 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
8 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
9 substance analog (as defined in IC 35-48-1-9.3), or a substance
10 represented to be a controlled substance (as described in
11 IC 35-48-4-4.6).
12 (13) A violation of any federal or state drug law or rule related to
13 wholesale legend drug distributors licensed under IC 25-26-14.
14 (i) A decision of the department under subsections (b) through (h)
15 may be appealed to the commission under IC 4-21.5-3-7.
16 (j) (h) The department may temporarily suspend a practitioner's
17 license under IC 4-21.5-4 before a final adjudication or during the
18 appeals process if the department finds that a practitioner represents a
19 clear and immediate danger to the public's health, safety, or property if
20 the practitioner is allowed to continue to practice.
21 (k) (i) On receipt of a complaint or an information alleging that a
22 person licensed under this chapter has engaged in or is engaging in a
23 practice that jeopardizes the public health, safety, or welfare, the
24 department shall initiate an investigation against the person.
25 (l) (j) Any complaint filed with the office of the attorney general
26 alleging a violation of this licensing program shall be referred to the
27 department for summary review and for its general information and any
28 authorized action at the time of the filing.
29 (m) (k) The department shall conduct a fact finding investigation as
30 the department considers proper in relation to the complaint.
31 (n) The department may reinstate a license that has been suspended
32 under this section if, after a hearing, the department is satisfied that the
33 applicant is able to practice with reasonable skill, safety, and
34 competency to the public. As a condition of reinstatement, the
35 department may impose disciplinary or corrective measures authorized
36 under this chapter.
37 (o) The department may not reinstate a license that has been
38 revoked under this chapter. An individual whose license has been
39 revoked under this chapter may not apply for a new license until seven
40 (7) years after the date of revocation.
41 (p) The department shall seek to achieve consistency in the
42 application of sanctions authorized in this chapter. Significant
HB 1637—LS 7685/DI 116 28
1 departures from prior decisions involving similar conduct must be
2 explained in the department's findings or orders.
3 (q) (l) A practitioner may petition the department to accept the
4 surrender of the practitioner's license. instead of having a hearing
5 before the commission. The practitioner may not surrender the
6 practitioner's license without the written approval of the department,
7 and the department may impose any conditions appropriate to the
8 surrender or reinstatement of a surrendered license.
9 (r) (m) A practitioner who has been subjected to disciplinary
10 sanctions may be required by the commission to pay the costs of the
11 proceeding. The practitioner's ability to pay shall be considered when
12 costs are assessed. If the practitioner fails to pay the costs, a suspension
13 may not be imposed solely upon the practitioner's inability to pay the
14 amount assessed. The costs are limited to costs for the following:
15 (1) Court reporters.
16 (2) Transcripts.
17 (3) Certification of documents.
18 (4) Photo duplication.
19 (5) Witness attendance and mileage fees.
20 (6) Postage.
21 (7) Expert witnesses.
22 (8) Depositions.
23 (9) Notarizations.
24 SECTION 24. IC 35-31.5-2-185, AS AMENDED BY P.L.122-2023,
25 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 185. (a) "Law enforcement officer" means:
27 (1) a police officer (including a tribal police officer, a correctional
28 police officer, and a hospital police officer employed by a hospital
29 police department established under IC 16-18-4), sheriff,
30 constable, marshal, prosecuting attorney, special prosecuting
31 attorney, special deputy prosecuting attorney, the securities
32 commissioner, the state fire marshal, the executive director of
33 the department of homeland security, or the inspector general;
34 (2) a deputy of any of those persons;
35 (3) an investigator for a prosecuting attorney or for the inspector
36 general;
37 (4) a conservation officer;
38 (5) an enforcement officer of the alcohol and tobacco
39 commission;
40 (6) an enforcement officer of the securities division of the office
41 of the secretary of state; or
42 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
HB 1637—LS 7685/DI 116 29
1 control officer employed by the gaming control division under
2 IC 4-33-20; or
3 (8) a fire investigator of the department of homeland security.
4 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
5 includes an alcoholic beverage enforcement officer, as set forth in
6 IC 35-42-2-1.
7 (c) "Law enforcement officer", for purposes of IC 35-45-15,
8 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
9 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
10 IC 35-44.1-3-2, includes a school resource officer (as defined in
11 IC 20-26-18.2-1) and a school corporation police officer appointed
12 under IC 20-26-16.
13 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
14 meaning set forth in IC 35-40.5-1-1.
15 SECTION 25. IC 36-7-2-9.1, AS ADDED BY P.L.157-2024,
16 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 9.1. (a) This section applies only to a Class 2
18 structure for which a building permit is issued by a city, town, or
19 county after June 30, 2024.
20 (b) This section does not apply to:
21 (1) a manufactured housing community; or
22 (2) a mobile home community;
23 that is licensed, permitted, and inspected by the Indiana department of
24 health or a local board of health.
25 (c) As used in this section, "Class 2 structure" has the meaning set
26 forth in IC 22-12-1-5.
27 (d) A city, town, or county that requires a building permit for the
28 construction of a Class 2 structure may provide for shall allow the
29 inspection to be conducted by:
30 (1) an individual who is employed by the city, town, or county as
31 a building inspector;
32 (2) an individual who is employed by another city, town, or
33 county as a building inspector; or
34 (3) a qualified individual who is:
35 (A) an architect registered under IC 25-4-1;
36 (B) a professional engineer registered under IC 25-31-1;
37 (C) a certified building official; or
38 (D) a home inspector licensed under IC 25-20.2.
39 SECTION 26. IC 36-8-10.5-1.5 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. As used in this chapter,
42 "department" refers to the department of homeland security
HB 1637—LS 7685/DI 116 30
1 established by IC 10-19-2-1.
2 SECTION 27. IC 36-8-10.5-7.5, AS AMENDED BY P.L.187-2021,
3 SECTION 142, IS AMENDED TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2025]: Sec. 7.5. (a) Except as provided in
5 subsection (b), an individual whose employment by a fire department
6 as a full-time firefighter begins after December 31, 2009, must
7 complete the training for Firefighter I and Firefighter II during the
8 firefighter's first year of employment. The fire department that employs
9 a firefighter shall report to the education board department when the
10 firefighter has completed the training requirements established by this
11 subsection.
12 (b) The education board department may grant a firefighter any
13 number of extensions of six (6) months to complete the training
14 required under subsection (a). An extension must be requested by the
15 fire department that employs the firefighter. An extension may be
16 requested for any reason, including the following:
17 (1) The firefighter has been attending training in accordance with
18 section 8 of this chapter in any of the following:
19 (A) Hazardous materials.
20 (B) Paramedic training.
21 (C) Emergency medical technician training.
22 (D) Technical training.
23 (2) The firefighter was unable to complete the training due to
24 economic reasons.
25 (c) The education board department shall determine whether a
26 firefighter receives an extension under this section.
27 SECTION 28. IC 36-8-10.5-8 IS AMENDED TO READ AS
28 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) The training may
29 be conducted at:
30 (1) a location within the political subdivision employing a
31 full-time firefighter;
32 (2) the headquarters of the volunteer fire department where a
33 volunteer firefighter is seeking membership; or
34 (3) any other facility where the training is offered.
35 (b) The training must be conducted by personnel certified as
36 instructors by the education board. department.
37 SECTION 29. IC 36-8-10.5-9 IS AMENDED TO READ AS
38 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 9. The education board
39 department shall certify fire personnel who successfully complete the
40 minimum basic training requirements.
41 SECTION 30. IC 36-8-10.5-12, AS ADDED BY P.L.72-2020,
42 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HB 1637—LS 7685/DI 116 31
1 JULY 1, 2025]: Sec. 12. (a) The best practices fund is established for
2 the purpose of providing matching grants to political subdivisions and
3 volunteer fire departments to purchase equipment and other gear to
4 implement best practices established under section 11 of this chapter.
5 (b) The fund shall be administered by the education board.
6 department.
7 (c) The fund consists of:
8 (1) appropriations from the general assembly; and
9 (2) amounts deposited from any other public or private source.
10 (d) The expenses of administering the fund shall be paid from
11 money in the fund.
12 (e) The treasurer of state shall invest the money in the fund not
13 currently needed to meet obligations of the fund in the same manner as
14 other public money may be invested. Interest that accrues from these
15 investments shall be deposited in the fund.
16 (f) Money in the fund at the end of the state fiscal year does not
17 revert to the state general fund.
18 (g) The education board shall adopt rules under IC 4-22-2 to
19 implement this section.
20 SECTION 31. [EFFECTIVE UPON PASSAGE] (a) As used in this
21 SECTION, "division" means the department of education's
22 division of school building physical security and safety established
23 by IC 20-19-3-14, before its repeal by this act.
24 (b) As used in this SECTION, "office" means the department of
25 homeland security's office of school safety established by
26 IC 10-19-3.5-4, as added by this act.
27 (c) On July 1, 2025, all agreements and liabilities of the division
28 are transferred to the office, as the successor agency.
29 (d) On July 1, 2025, all records and property of the division,
30 including appropriations and other funds under the control or
31 supervision of the division, are transferred to the office, as the
32 successor agency.
33 (e) After July 1, 2025, any amounts owed to the division before
34 July 1, 2025, are considered to be owed to the office, as the
35 successor agency.
36 (f) After July 1, 2025, a reference to the division in a statute,
37 rule, or other document is considered a reference to the office, as
38 the successor agency.
39 (g) This SECTION expires July 1, 2026.
40 SECTION 32. An emergency is declared for this act.
HB 1637—LS 7685/DI 116 32
COMMITTEE REPORT
Mr. Speaker: Your Committee on Veterans Affairs and Public
Safety, to which was referred House Bill 1637, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 3, between lines 15 and 16, begin a new line blocked left and
insert:
"The applicable school corporation or charter school must comply
with any requests made by the office under this subsection.".
Page 4, between lines 10 and 11, begin a new paragraph and insert:
"SECTION 3. IC 10-21-1-2, AS AMENDED BY P.L.201-2023,
SECTION 128, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The Indiana secured school
fund is established to provide:
(1) matching grants to school corporations, charter schools, and
accredited nonpublic schools, where the matching grants may be
used to:
(A) employ a school resource officer, employ a law
enforcement officer, or enter into a contract or a memorandum
of understanding with a:
(i) local law enforcement agency;
(ii) private entity; or
(iii) nonprofit corporation;
to employ a school resource officer or a law enforcement
officer;
(B) conduct:
(i) a site vulnerability assessment of the buildings within a
school corporation or the buildings that are operated by a
charter school or accredited nonpublic school; or
(ii) critical incident digital mapping of the buildings within
a school corporation or the buildings that are operated by a
charter school or accredited nonpublic school;
(C) purchase equipment, hardware, materials, and technology
to:
(i) restrict access to school property and classrooms;
(ii) assist with visitor management on school property;
(iii) expedite notification of first responders;
(iv) expedite access to school property for first responders;
(v) provide school staff with information about the open or
closed status of interior and exterior doors;
(vi) detect fire, chemical, visual, or audible threats;
HB 1637—LS 7685/DI 116 33
(vii) enhance emergency communications inside the
building; or
(viii) assist with emergency medical response on school
property;
(D) implement a student and parent support services plan as
described in IC 20-34-9;
(E) purchase or provide training for a canine trained to detect
drugs and illegal substances, explosives, or firearms, or to
otherwise provide protection for students and school
employees and the canine shall:
(i) be primarily assigned to a school corporation, charter
school, or accredited nonpublic school;
(ii) be primarily assigned to a school resource officer or law
enforcement officer described in clause (A) who has
received appropriate training for handling a canine trained
to detect drugs and illegal substances, explosives, or
firearms, or to otherwise provide protection for students and
school employees, including training regarding handling a
canine in a school setting; and
(iii) receive continuous training as appropriate;
(F) provide funding for school employees to receive training,
including expenses for per diem, travel, and lodging, related
to:
(i) site vulnerability assessments;
(ii) mental health or behavioral health threat assessments;
(iii) multi-disciplinary threat assessment teams; or
(iv) emergency preparedness or response activities;
(G) provide funding for school resource officers or law
enforcement officers described in clause (A) to receive
training, including expenses for per diem, travel, and lodging,
related to handling a canine trained to detect drugs and illegal
substances, explosives, or firearms, or to otherwise provide
protection for students and school employees;
(H) purchase student safety management technology;
(I) design and construct additions or renovations on school
property if the primary purpose of the construction project is
to enhance the physical security of the school building; or
(J) implement a bullying prevention program; and
(2) one (1) time grants to enable school corporations, charter
schools, and accredited nonpublic schools with the sheriff for the
county in which the school corporation, charter school, or
accredited nonpublic school is located, to provide the initial set up
HB 1637—LS 7685/DI 116 34
costs for an active event warning system; and
(3) financial assistance for projects of the office of school
safety that are approved by the board.
(b) A school corporation or charter school may use money received
under a matching grant for a purpose listed in subsection (a) to provide
a response to a threat in a manner that the school corporation or charter
school sees fit, including firearms training or other self-defense
training.
(c) The fund shall be administered by the department of homeland
security.
(d) The fund consists of:
(1) appropriations from the general assembly;
(2) federal grants;
(3) amounts deposited from any other public or private source;
and
(4) amounts deposited under IC 33-37-9-4.
(e) The expenses of administering the fund shall be paid from
money in the fund.
(f) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(g) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.".
Page 14, line 36, after "security," insert "a local unit of
government,".
Page 16, between lines 27 and 28, begin a new paragraph and insert:
"SECTION 14. IC 22-12-2.5-3, AS ADDED BY P.L.155-2023,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. The commission shall decide which building
codes shall be reviewed each calendar year, focusing on the oldest
building codes for review. Except as permitted under section 4(b) of
this chapter, the commission may not review adopt a final rule under
IC 4-22-2-29 for more than three (3) building codes during any
calendar year. twelve (12) month period.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1637 as introduced.)
BARTELS
HB 1637—LS 7685/DI 116 35
Committee Vote: yeas 10, nays 0.
HB 1637—LS 7685/DI 116