*ES0463.3* Reprinted April 9, 2025 ENGROSSED SENATE BILL No. 463 _____ DIGEST OF SB 463 (Updated April 8, 2025 3:40 pm - DI 119) Citations Affected: IC 6-3.1; IC 12-17.2; noncode. Synopsis: Child care matters. Extends the availability of the employer child care expenditure tax credit through July 1, 2027. Provides that under specified circumstances, an individual who: (1) is at least 15 years of age; and (2) is a student at a school corporation that operates (Continued next page) Effective: Upon passage. Charbonneau, Alting, Yoder, Spencer, Pol Jr., Ford J.D., Randolph Lonnie M (HOUSE SPONSORS — DEVON, HAMILTON, OLTHOFF, PIERCE K) January 13, 2025, read first time and referred to Committee on Health and Provider Services. January 29, 2025, reported favorably — Do Pass; reassigned to Committee on Appropriations. February 13, 2025, amended, reported favorably — Do Pass. February 17, 2025, read second time, amended, ordered engrossed. February 18, 2025, engrossed. February 20, 2025, read third time, passed. Yeas 44, nays 5. HOUSE ACTION March 3, 2025, read first time and referred to Committee on Family, Children and Human Affairs. March 27, 2025, amended, reported — Do Pass. Referred to Committee on Ways and Means pursuant to Rule 126.3. April 3, 2025, amended, reported — Do Pass. April 8, 2025, read second time, amended, ordered engrossed. ES 463—LS 7491/DI 119 Digest Continued a child care program; may volunteer as a caregiver for the child care program before completing the statutory requirements for individuals to act as a volunteer caregiver at a child care program. Adds two representatives of out-of-school-time programs to the membership of the early learning advisory committee. Provides for purposes of regulation of licensed child care centers that the office of the secretary of family and social services (office) shall: (1) ensure that: (A) Indiana's staff to child ratio for a specified age range is not more stringent than the average of the staff to child ratios permitted for that age range under the laws of Illinois, Kentucky, Michigan, and Ohio; and (B) Indiana's maximum group size for a specified age range is not more stringent than the average of the maximum group sizes permitted for that age range under the laws of Illinois, Kentucky, Michigan, and Ohio; and (2) annually publish on the office's website the: (A) staff to child ratio; and (B) maximum group size; that a licensed child care center is required to maintain for the specified age ranges. Provides exceptions to the bill's group size provisions for: (1) an indoor or outdoor area of a child care center that provides at least 75 square feet of space per child; and (2) a child care center's cafeteria. Provides that if the office has received at least five applications from child care providers wishing to participate in the micro center pilot program (pilot program) but has selected less than five applicants for participation in the pilot program, the office shall select additional applicants for participation in the pilot program such that at least five child care providers are participating in the pilot program. ES 463—LS 7491/DI 119ES 463—LS 7491/DI 119 Reprinted April 9, 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. ENGROSSED SENATE BILL No. 463 A BILL FOR AN ACT to amend the Indiana Code concerning human services. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 6-3.1-39.5-15, AS ADDED BY P.L.201-2023, 2 SECTION 103, IS AMENDED TO READ AS FOLLOWS 3 [EFFECTIVE UPON PASSAGE]: Sec. 15. This chapter expires July 4 1, 2025. 2027. 5 SECTION 2. IC 12-17.2-3.5-8, AS AMENDED BY P.L.92-2024, 6 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 UPON PASSAGE]: Sec. 8. (a) At least one (1) adult individual who 8 maintains certification in a course of cardiopulmonary resuscitation 9 applicable to all age groups of children cared for by a provider shall be 10 present at all times when a child is in the care of the provider. 11 (b) Except as provided in subsection (c), the following apply to an 12 individual who is employed or volunteers as a caregiver at a facility 13 where a provider operates a child care program: 14 (1) The individual shall maintain current certification in first aid 15 applicable to all age groups of children cared for by the provider. ES 463—LS 7491/DI 119 2 1 (2) If the individual is: 2 (A) at least eighteen (18) years of age, the individual may act 3 as a caregiver without supervision of another caregiver; or 4 (B) less than eighteen (18) years of age, the individual may act 5 as a caregiver only if the individual: 6 (i) is at least fourteen (14) years of age; and 7 (ii) is, at all times when child care is provided, directly 8 supervised by a caregiver who is at least eighteen (18) years 9 of age. 10 (3) Before beginning employment or volunteer duties, the 11 individual must receive a formal orientation to the facility and the 12 child care program. 13 (4) Beginning July 1, 2015, unless the provider is a parent, 14 stepparent, guardian, custodian, or other relative to each child in 15 the care of the provider, the individual annually must receive at 16 least twelve (12) hours of continuing education approved by the 17 division and related to the age appropriate educational 18 development, care, and safety of children. The hours of 19 continuing education required by this subdivision may include the 20 training described in this chapter concerning child abuse 21 detection and prevention, first aid, cardiopulmonary resuscitation, 22 and safe sleeping practices. 23 (5) Not more than three (3) months after the individual begins 24 employment or volunteer duties, the individual must receive 25 training approved by the division concerning child abuse 26 detection and prevention. 27 (c) An individual who is at least fifteen (15) years of age and is 28 a student at a school corporation that operates a child care 29 program may volunteer as a caregiver for the child care program 30 before completing the requirements under subsection (b) if the 31 individual: 32 (1) is supervised by an adult who is authorized under this 33 article to provide child care services; and 34 (2) completes the requirements under subsection (b) not later 35 than three (3) months after the individual begins volunteering 36 at the facility. 37 (c) (d) A provider shall: 38 (1) maintain at the facility where the provider operates a child 39 care program documentation of all training and completion of 40 continuing education required by this section; and 41 (2) make the documentation available to the division upon 42 request. ES 463—LS 7491/DI 119 3 1 SECTION 3. IC 12-17.2-3.8-5, AS AMENDED BY P.L.92-2024, 2 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 UPON PASSAGE]: Sec. 5. (a) The early learning advisory committee 4 is established to do the following: 5 (1) Establish child developmental and educational goals for 6 Indiana's early learning system, including the development of 7 standards and objectives for early education programs that receive 8 state or federal funds. 9 (2) Design and maintain an approach to measuring progress 10 toward the goals established under subdivision (1) that include 11 objective measures of academic quality. 12 (3) Assess the attainment of the goals established under 13 subdivision (1) and evaluate the efficacy of state and federal 14 spending on Indiana's early learning system. 15 (4) Assess whether the requirements for early education program 16 licensure: 17 (A) create an equitable standard for health and safety across all 18 early education program types; 19 (B) reinforce the goals established under subdivision (1); and 20 (C) support the sustainability of Indiana's early learning 21 system. 22 (5) Conduct periodic statewide needs assessments concerning the 23 quality and availability of early education programs for children 24 from birth to the age of school entry, including the availability of 25 high quality prekindergarten education for low income children 26 in Indiana. 27 (6) Identify opportunities for, and barriers to, collaboration and 28 coordination among federally and state funded child development, 29 child care, and early childhood education programs and services, 30 including governmental agencies that administer the programs 31 and services. 32 (7) Design early education workforce strategies, including 33 recommendations on how to advance professional development. 34 (8) Assess the capacity and effectiveness of pathways to support 35 training and recruitment of early educators. 36 (9) Not later than November 30 of each year, develop and make 37 recommendations to the governor and, in an electronic format 38 under IC 5-14-6, to the legislative council concerning the results 39 of the committee's work under subdivisions (1) through (8). 40 (10) Not later than May 1, 2024, commission a third party 41 evaluation to assess existing regulations for child care providers 42 and provide a report containing recommendations to: ES 463—LS 7491/DI 119 4 1 (A) maintain health and safety standards; 2 (B) streamline administrative burdens, program standards, and 3 reporting requirements for child care providers; 4 (C) provide flexibility for a child care provider with a Level 3 5 or Level 4 paths to QUALITY program rating to expand to 6 other locations; and 7 (D) assist accredited kindergarten through grade 12 8 institutions in establishing and providing high quality onsite 9 child care and early learning programs. 10 Not later than July 1, 2024, the office of the secretary shall initiate 11 the process of amending the rules adopted by the office under 12 IC 12-17.2-7.2 in consideration of the recommendations of the 13 third party evaluation. This subdivision expires January 1, 2025. 14 (11) Not later than December 31, 2023, develop recommendations 15 for implementing a revised paths to QUALITY program that: 16 (A) maintains health and safety standards; 17 (B) integrates objective measures of kindergarten readiness; 18 (C) contemplates accredited kindergarten through grade 12 19 institutions as onsite providers; and 20 (D) incentivizes child care providers to increase wages for 21 child care workers who complete education and training that 22 result in a postsecondary degree or industry recognized 23 credential. 24 This subdivision expires July 1, 2024. 25 (12) Not later than September 30, 2024, do the following: 26 (A) Complete a study regarding compensation in Indiana for: 27 (i) early childhood educators; and 28 (ii) caregivers at out-of-school-time programs; 29 by collecting compensation data throughout Indiana. 30 (B) Create an online dashboard to allow access to 31 compensation data. 32 (C) Issue a report containing the committee's findings and 33 recommendations on compensation in Indiana for: 34 (i) early childhood educators; and 35 (ii) caregivers at out-of-school-time programs. 36 (b) The committee consists of the following thirteen (13) fifteen 37 (15) members: 38 (1) The secretary of education or the secretary's designee. 39 (2) The secretary of family and social services or the secretary's 40 designee. 41 (3) Seven (7) Nine (9) members appointed by the governor as 42 follows: ES 463—LS 7491/DI 119 5 1 (A) A representative of an organization with an interest in 2 training the early childhood education workforce. 3 (B) A representative of a Head Start program under 42 U.S.C. 4 9831 et seq. 5 (C) A member of the general public who has an interest in 6 early childhood education. 7 (D) A representative of an early childhood education provider. 8 (E) A representative from a school corporation who has an 9 interest in strengthening the transition from early childhood 10 education to elementary education. 11 (F) A representative of business with an interest in early 12 childhood education. 13 (G) A representative of the nonprofit or philanthropic 14 community with an interest in early childhood education. 15 (H) A representative of an out-of-school-time program. 16 (I) A representative of an organization with an interest in 17 training individuals in the out-of-school time field and 18 strengthening the out-of-school time field in Indiana 19 statewide. 20 (4) One (1) member who: 21 (A) is appointed by the speaker of the house of representatives; 22 (B) is not a member of the general assembly; and 23 (C) shall serve as a nonvoting member. 24 (5) One (1) member who: 25 (A) is appointed by the president pro tempore of the senate; 26 (B) is not a member of the general assembly; and 27 (C) shall serve as a nonvoting member. 28 (6) One (1) member who: 29 (A) is appointed by the minority leader of the house of 30 representatives; 31 (B) is not a member of the general assembly; and 32 (C) shall serve as a nonvoting member. 33 (7) One (1) member who: 34 (A) is appointed by the minority leader of the senate; 35 (B) is not a member of the general assembly; and 36 (C) shall serve as a nonvoting member. 37 (c) Subject to section 5.1 of this chapter, members appointed under 38 subsection (b)(3) through (b)(7) serve for three (3) year terms. The 39 members of the committee serve at the pleasure of the appointing 40 authority. 41 (d) The governor shall appoint a member of the committee to serve 42 as chairperson of the committee. The committee shall meet at least six ES 463—LS 7491/DI 119 6 1 (6) times each calendar year at the call of the chairperson. 2 (e) The division shall, in consultation with the department of 3 education, staff the committee. 4 (f) The expenses of the committee shall be paid from the funds of 5 the division. 6 (g) Each member of the committee who is not a state employee is 7 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). 8 The member is also entitled to reimbursement for traveling expenses 9 as provided under IC 4-13-1-4 and other expenses actually incurred in 10 connection with the member's duties as provided in the state policies 11 and procedures established by the Indiana department of administration 12 and approved by the budget agency. 13 (h) Each member of the committee who is a state employee but who 14 is not a member of the general assembly is entitled to reimbursement 15 for traveling expenses as provided under IC 4-13-1-4 and other 16 expenses actually incurred in connection with the member's duties as 17 provided in the state policies and procedures established by the Indiana 18 department of administration and approved by the budget agency. 19 (i) Each member of the committee who is a member of the general 20 assembly is entitled to receive the same per diem, mileage, and travel 21 allowances paid to legislative members of interim study committees 22 established by the legislative council. Per diem, mileage, and travel 23 allowances paid under this section shall be paid from appropriations 24 made to the legislative council or the legislative services agency. 25 (j) The affirmative votes of a majority of the voting members 26 appointed to the committee are required for the committee to take 27 action on any measure, including final reports. 28 SECTION 4. IC 12-17.2-4-14.5 IS ADDED TO THE INDIANA 29 CODE AS A NEW SECTION TO READ AS FOLLOWS 30 [EFFECTIVE UPON PASSAGE]: Sec. 14.5. (a) As used in this 31 section, "bordering state" means any of the following: 32 (1) Illinois. 33 (2) Kentucky. 34 (3) Michigan. 35 (4) Ohio. 36 (b) As used in this section, "child care facility" means: 37 (1) a child care center in Indiana; or 38 (2) a facility comparable to a child care center in a bordering 39 state. 40 (c) As used in this section, a "comparator group size" for an age 41 range set forth in subsection (g) is the largest group size that is 42 allowed for that age range under the law governing licensure of ES 463—LS 7491/DI 119 7 1 child care facilities in a bordering state. 2 (d) As used in this section, a "comparator staff to child ratio" 3 for an age range set forth in subsection (g) is the lowest staff to 4 child ratio that is allowed for that age range under the law 5 governing licensure of child care facilities in a bordering state. 6 (e) As used in this section, "group" means a portion of the 7 children for whom a child care facility is providing supervision 8 who are generally assigned by the child care facility to be 9 supervised: 10 (1) in the same room or space; and 11 (2) by the same staff member or members of the child care 12 facility. 13 (f) As used in this section, "staff to child ratio" means, for a 14 specified age range, a fraction: 15 (1) the numerator of which is one (1); and 16 (2) the denominator of which is the maximum number of 17 children within that age range that a child care facility may 18 allow to be supervised by a single staff member of the child 19 care facility under the laws of the state in which the child care 20 facility is licensed. 21 (g) The office of the secretary shall annually determine the 22 comparator staff to child ratios and comparator group sizes for 23 each of the following age ranges: 24 (1) Less than twelve (12) months of age. 25 (2) At least twelve (12) months of age but less than eighteen 26 (18) months of age. 27 (3) At least eighteen (18) months of age but less than 28 twenty-four (24) months of age. 29 (4) At least twenty-four (24) months of age but less than thirty 30 (30) months of age. 31 (5) At least thirty (30) months of age but less than thirty-six 32 (36) months of age. 33 (6) At least thirty-six (36) months of age but less than 34 forty-eight (48) months of age. 35 (7) At least forty-eight (48) months of age but less than sixty 36 (60) months of age. 37 (8) At least sixty (60) months of age but less than seventy-two 38 (72) months of age. 39 (9) Seventy-two (72) months of age or older. 40 (h) The office of the secretary shall ensure that: 41 (1) Indiana's staff to child ratio for an age range set forth in 42 subsection (g) is not more stringent than the average ES 463—LS 7491/DI 119 8 1 comparator staff to child ratio for that age range; and 2 (2) Indiana's maximum group size for an age range set forth 3 in subsection (g) is not more stringent than the average 4 comparator group size for that age range. 5 The office of the secretary shall annually evaluate the comparator 6 staff to child ratios and comparator group sizes to determine the 7 need for any changes to Indiana's staff to child ratios and 8 maximum group sizes. 9 (i) Not later than December 1 of each year, the office of the 10 secretary shall publish on the website of the office of the secretary 11 the: 12 (1) staff to child ratio that a licensed child care center is 13 required to maintain; and 14 (2) maximum group size that a licensed child care center is 15 required to maintain; 16 for each age range set forth in subsection (g). 17 (j) Except as provided in subsection (l) or (m), for the duration 18 of each calendar year, a licensed child care center may maintain 19 for each age range set forth in subsection (g) the: 20 (1) staff to child ratio; and 21 (2) maximum group size; 22 that are posted on the website of the office of the secretary under 23 subsection (i) as of December 1 of the immediately preceding year. 24 (k) A student who: 25 (1) is at least fifteen (15) years of age; 26 (2) is exploring a career in childhood education; 27 (3) provides care for children as a volunteer at a child care 28 center; and 29 (4) is, at all times at which the student provides care for 30 children at the child care center, under the supervision of an 31 adult who is authorized under this article to provide child 32 care services; 33 is a staff member of the child care center for purposes of the child 34 care center's staff to child ratio under subsection (j). 35 (l) The maximum group size for children in an age range under 36 subsection (g), when supervised in an indoor or outdoor area of a 37 child care center that provides at least seventy-five (75) square feet 38 of space per child, is equal to three (3) times the maximum group 39 size that would otherwise apply for that age range. 40 (m) The maximum group size for children supervised in a child 41 care center's cafeteria, regardless of the age range or ranges of the 42 children under subsection (g), is equal to the number of seats ES 463—LS 7491/DI 119 9 1 available to children in the cafeteria. 2 SECTION 5. IC 12-17.2-7.6-3.1 IS ADDED TO THE INDIANA 3 CODE AS A NEW SECTION TO READ AS FOLLOWS 4 [EFFECTIVE UPON PASSAGE]: Sec. 3.1. If as of July 1, 2025: 5 (1) at least five (5) licensees have applied to participate in the 6 pilot program under section 3(c)(1) of this chapter; and 7 (2) the office of the secretary has selected less than five (5) of 8 the applicant licensees to participate in the pilot program 9 under section 3(c)(2) of this chapter; 10 the office of the secretary shall, not later than July 1, 2025, and 11 subject to section 3(d) of this chapter, select additional applicant 12 licensees for participation in the pilot program such that at least 13 five (5) licensees are participating in the pilot program. 14 SECTION 6. [EFFECTIVE UPON PASSAGE] (a) As used in this 15 SECTION, "office of the secretary" means the office of the 16 secretary of family and social services established by IC 12-8-1.5-1. 17 (b) Not later than July 1, 2025, the office of the secretary shall 18 initiate the process of amending 470 IAC 3-4.7 in conformance with 19 IC 12-17.2-4-14.5, as added by this act. 20 (c) This SECTION expires January 1, 2026. 21 SECTION 7. An emergency is declared for this act. ES 463—LS 7491/DI 119 10 COMMITTEE REPORT Mr. President: The Senate Committee on Health and Provider Services, to which was referred Senate Bill No. 463, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill DO PASS and be reassigned to the Senate Committee on Appropriations. (Reference is to SB 463 as introduced.) CHARBONNEAU, Chairperson Committee Vote: Yeas 11, Nays 1. _____ COMMITTEE REPORT Mr. President: The Senate Committee on Appropriations, to which was referred Senate Bill No. 463, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows: Page 1, delete lines 1 through 15. Page 2, delete lines 1 through 8. Page 8, delete lines 3 through 42. Delete page 9. Page 10, delete lines 1 through 33. Renumber all SECTIONS consecutively. and when so amended that said bill do pass. (Reference is to SB 463 as printed January 30, 2025.) MISHLER, Chairperson Committee Vote: Yeas 11, Nays 0. _____ SENATE MOTION Mr. President: I move that Senate Bill 463 be amended to read as follows: Page 5, delete lines 25 through 32, begin a new paragraph and insert: "(c) As used in this section, the "comparator group size" for an ES 463—LS 7491/DI 119 11 age range set forth in subsection (g) is the highest group size that is allowed for that age range at any time after July 1, 2025, under the law governing licensure of child care facilities in a bordering state. (d) As used in this section, the "comparator staff to child ratio" for an age range set forth in subsection (g) is the lowest staff to child ratio that is allowed for that age range at any time after July 1, 2025, under the law governing licensure of child care facilities in a bordering state.". Page 6, delete lines 6 through 9, begin a new paragraph and insert: "(g) The office of the secretary shall publish the comparator staff to child ratio and comparator group size under subsections (j) through (k) for each of the following age ranges:". Page 6, line 26, delete "must" and insert "may". Page 6, line 27, after "that is" insert "greater than or". Page 6, line 28, delete "lowest". Page 6, line 28, delete "unless" and insert "as published on the website of the office of the secretary on December 1 of the immediately preceding calendar year.". Page 6, delete lines 29 through 31. Page 6, line 32, delete "must" and insert "may". Page 6, line 32, delete "maximum". Page 6, line 33, after "that is" insert "less than or". Page 6, line 34, delete "highest". Page 6, line 34, delete "unless the" and insert "as published on the website of the office of the secretary on December 1 of the immediately preceding calendar year.". Page 6, delete lines 35 through 42, begin a new paragraph and insert: "(j) Not later than December 1, 2025, the office of the secretary shall publish on the website of the office of the secretary the: (1) comparator staff to child ratio for purposes of subsection (h); and (2) comparator group size for purposes of subsection (i); for each age range set forth in subsection (g). (k) Not later than December 1, 2026, and not later than December 1 of each year thereafter, the office of the secretary shall: (1) revise the comparator staff to child ratio published on the website of the office of the secretary to reflect any decrease in the comparator staff to child ratio in the preceding calendar year; and ES 463—LS 7491/DI 119 12 (2) revise the comparator group size published on the website of the office of the secretary to reflect any increase in the comparator group size in the preceding calendar year.". Page 7, delete lines 1 through 9. Page 7, line 26, delete "IC 4-22-2-37.1" and insert "IC 4-22-2-37.2". Page 7, line 31, after "means" insert "the". (Reference is to SB 463 as printed February 14, 2025.) GARTEN _____ COMMITTEE REPORT Mr. Speaker: Your Committee on Family, Children and Human Affairs, to which was referred Senate Bill 463, 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 1, between lines 4 and 5, begin a new paragraph and insert: "SECTION 2. IC 12-17.2-3.5-8, AS AMENDED BY P.L.92-2024, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) At least one (1) adult individual who maintains certification in a course of cardiopulmonary resuscitation applicable to all age groups of children cared for by a provider shall be present at all times when a child is in the care of the provider. (b) Except as provided in subsection (c), the following apply to an individual who is employed or volunteers as a caregiver at a facility where a provider operates a child care program: (1) The individual shall maintain current certification in first aid applicable to all age groups of children cared for by the provider. (2) If the individual is: (A) at least eighteen (18) years of age, the individual may act as a caregiver without supervision of another caregiver; or (B) less than eighteen (18) years of age, the individual may act as a caregiver only if the individual: (i) is at least fourteen (14) years of age; and (ii) is, at all times when child care is provided, directly supervised by a caregiver who is at least eighteen (18) years of age. (3) Before beginning employment or volunteer duties, the individual must receive a formal orientation to the facility and the ES 463—LS 7491/DI 119 13 child care program. (4) Beginning July 1, 2015, unless the provider is a parent, stepparent, guardian, custodian, or other relative to each child in the care of the provider, the individual annually must receive at least twelve (12) hours of continuing education approved by the division and related to the age appropriate educational development, care, and safety of children. The hours of continuing education required by this subdivision may include the training described in this chapter concerning child abuse detection and prevention, first aid, cardiopulmonary resuscitation, and safe sleeping practices. (5) Not more than three (3) months after the individual begins employment or volunteer duties, the individual must receive training approved by the division concerning child abuse detection and prevention. (c) An individual who is at least fifteen (15) years of age and is a student at a school corporation that operates a child care program may volunteer as a caregiver for the child care program before completing the requirements under subsection (b) if the individual: (1) is supervised by an adult who is authorized under this article to provide child care services; and (2) completes the requirements under subsection (b) not later than three (3) months after the individual begins volunteering at the facility. (c) (d) A provider shall: (1) maintain at the facility where the provider operates a child care program documentation of all training and completion of continuing education required by this section; and (2) make the documentation available to the division upon request.". Page 3, line 25, delete "fourteen" and insert "fifteen". Page 3, line 26, delete "(14)" and insert "(15)". Page 3, line 30, delete "Eight (8)" and insert "Nine (9)". Page 4, between lines 4 and 5, begin a new line double block indented and insert: "(I) A representative of an organization with an interest in training individuals in the out-of-school time field and strengthening the out-of-school time field in Indiana statewide.". Page 6, line 9, delete "(j)" and insert "(m)". Page 6, line 10, delete "(k)" and insert "(n)". ES 463—LS 7491/DI 119 14 Page 6, between lines 31 and 32, begin a new paragraph and insert: "(i) A student who: (1) is at least fifteen (15) years of age; (2) is exploring a career in childhood education; (3) provides care for children as a volunteer at a child care center; and (4) is, at all times at which the student provides care for children at the child care center, under the supervision of an adult who is authorized under this article to provide child care services; is a staff member of the child care center for purposes of the child care center's staff to child ratio under subsection (h).". Page 6, line 32, delete "(i) A" and insert "(j) Except as provided with regard to specified areas of a child care center under subsections (k) and (l), a". Page 6, between lines 36 and 37, begin a new paragraph and insert: "(k) The maximum group size for children in an age range under subsection (g), when supervised in an indoor or outdoor area of a child care center that provides at least seventy-five (75) square feet of space per child, is equal to three (3) times the comparator group size for that age range. (l) The maximum group size for children supervised in a child care center's cafeteria, regardless of the age range or ranges of the children under subsection (g), is equal to the number of seats available to children in the cafeteria.". Page 6, line 37, delete "(j)" and insert "(m)". Page 6, line 41, delete "(i);" and insert "(j);". Page 7, line 1, delete "(k)" and insert "(n)". Page 7, between lines 22 and 23, begin a new paragraph and insert: "SECTION 5. IC 12-17.2-7.7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Chapter 7.7. Local Child Care Assistance Program Sec. 1. As used in this chapter, "grant fund" means the local child care assistance grant fund established by section 6 of this chapter. Sec. 2. As used in this chapter, "matching grant" means funds transferred by the office of the secretary from the general account of the grant fund to a county's county match account in the grant fund. Sec. 3. As used in this chapter, "program" means the local child care assistance program established by section 4 of this chapter. ES 463—LS 7491/DI 119 15 Sec. 4. (a) The local child care assistance program is established for the purpose of providing a county with assistance in expanding the availability of child care in the county. (b) The office of the secretary shall administer the program. Sec. 5. (a) A county may apply to the office of the secretary, in a manner prescribed by the office of the secretary, to participate in the program. (b) The office of the secretary may make any of the following assistance available to a county participating in the program: (1) Matching grants. (2) Technical, analytical, and communications assistance. (3) Training. (4) Guidance regarding licensure of child care providers. (5) Any other assistance the office of the secretary chooses to offer through the program. Sec. 6. (a) The local child care assistance grant fund is established for the purpose of receiving and disbursing funds for purposes of the program. (b) The office of the secretary shall administer the grant fund. (c) The grant fund consists of: (1) appropriations to the grant fund by the general assembly; (2) grants, gifts, and donations intended for deposit in the grant fund; and (3) funds transferred to the grant fund by counties participating in the program. (d) A general account is established within the grant fund for purposes of receiving and disbursing funds described in subsection (c)(1) and (c)(2) that are deposited in the grant fund. (e) The office of the secretary shall establish a county match account within the grant fund for each county that participates in the program for purposes of receiving and disbursing funds transferred to the grant fund by the county. (f) The expenses of administering the grant fund shall be paid from money in the grant fund. (g) Funds remaining in the grant fund at the end of a state fiscal year do not revert to the state general fund. Sec. 7. (a) Subject to the available balance in the general account of the grant fund, the office of the secretary shall, on the first day of each month: (1) transfer from the general account of the grant fund to a county's county match account in the grant fund one dollar ($1) for every one dollar ($1) deposited by the county in the ES 463—LS 7491/DI 119 16 county's county match account in the immediately preceding month; and (2) after making the transfer under subdivision (1), disburse the money in the county's county match account to the county. (b) A county that requests a matching grant through the program shall, as a condition of receiving the matching grant, enter into a memorandum of understanding with the office of the secretary that prescribes the purposes for which the county may use matching grants received by the county. (c) A county may accept private funds for deposit in the county's county match account. The office of the secretary shall not include private funds deposited by a county in the county's county match account in the calculation of the amount transferred by the office of the secretary to the county's county match account under subsection (a). Sec. 8. Not later than March 1 of each year, a county that received one (1) or more matching grants in the immediately preceding calendar year shall submit a report to the office of the secretary that includes: (1) an accounting of the purposes for which the county used the matching grants received by the county in the immediately preceding calendar year; (2) a proposed plan for the county's use of future matching grants received by the county; and (3) any additional information required by the office of the secretary. Sec. 9. If the office of the secretary determines that a county is not complying with the memorandum of understanding entered into by the county under this chapter, the office of the secretary shall: (1) provide written notice to the county that: (A) the office of the secretary has determined that the county is not in compliance with the county's memorandum of understanding; and (B) the county must demonstrate that it is in compliance with the memorandum of understanding not later than thirty (30) days after the date of the notice; and (2) suspend matching grants to the county if the county does not demonstrate to the office of the secretary that the county is in compliance with the memorandum of understanding not later than thirty (30) days after the date of the notice. Sec. 10. Not later than July 1, 2026, and July 1 of each year ES 463—LS 7491/DI 119 17 thereafter, the office of the secretary shall submit a report to the legislative council that provides the following information regarding the program for the preceding calendar year: (1) The counties that participated in the program. (2) The counties that received matching grants, and the total amount of the matching grants received by each county. (3) A summary of the assistance other than matching grants that was provided to counties through the program. (4) A summary of the purposes for which counties reported using matching grants under section 8 of this chapter. (5) The office of the secretary's assessment of the effectiveness of the program in expanding the availability of child care in Indiana. (6) Any changes to the program the office of the secretary recommends to increase the effectiveness of the program in expanding the availability of child care in Indiana. The report must be submitted in an electronic format under IC 5-14-6.". Page 7, line 26, delete "Not later than" and insert "Beginning". Page 7, line 26, delete "shall" and insert "may". Renumber all SECTIONS consecutively. and when so amended that said bill do pass. (Reference is to SB 463 as reprinted February 18, 2025.) DEVON Committee Vote: yeas 9, nays 3. _____ COMMITTEE REPORT Mr. Speaker: Your Committee on Ways and Means, to which was referred Engrossed Senate Bill 463, 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 9, delete lines 18 through 42. Delete pages 10 through 11. Page 12, delete lines 1 through 14. Renumber all SECTIONS consecutively. and when so amended that said bill do pass. ES 463—LS 7491/DI 119 18 (Reference is to ESB 463 as printed March 27, 2025.) THOMPSON Committee Vote: yeas 24, nays 0. _____ HOUSE MOTION Mr. Speaker: I move that Engrossed Senate Bill 463 be amended to read as follows: Page 6, line 40, delete "the" and insert "a". Page 6, line 41, delete "highest" and insert "largest". Page 6, line 42, delete "at any time after July 1, 2025,". Page 7, line 3, delete "the" and insert "a". Page 7, line 5, delete "at any time after July". Page 7, line 6, delete "1, 2025,". Page 7, delete lines 23 through 25, begin a new paragraph and insert: "(g) The office of the secretary shall annually determine the comparator staff to child ratios and comparator group sizes for each of the following age ranges:". Page 7, delete line 42, begin a new paragraph and insert: "(h) The office of the secretary shall ensure that: (1) Indiana's staff to child ratio for an age range set forth in subsection (g) is not more stringent than the average comparator staff to child ratio for that age range; and (2) Indiana's maximum group size for an age range set forth in subsection (g) is not more stringent than the average comparator group size for that age range. The office of the secretary shall annually evaluate the comparator staff to child ratios and comparator group sizes to determine the need for any changes to Indiana's staff to child ratios and maximum group sizes. (i) Not later than December 1 of each year, the office of the secretary shall publish on the website of the office of the secretary the: (1) staff to child ratio that a licensed child care center is required to maintain; and (2) maximum group size that a licensed child care center is required to maintain; ES 463—LS 7491/DI 119 19 for each age range set forth in subsection (g). (j) Except as provided in subsection (l) or (m), for the duration of each calendar year, a licensed child care center may maintain for each age range set forth in subsection (g) the: (1) staff to child ratio; and (2) maximum group size; that are posted on the website of the office of the secretary under subsection (i) as of December 1 of the immediately preceding year.". Page 8, delete lines 1 through 4. Page 8, line 5, delete "(i)" and insert "(k)". Page 8, line 15, delete "(h)." and insert "(j).". Page 8, delete lines 16 through 22. Page 8, line 23, delete "(k)" and insert "(l)". Page 8, line 26, delete "comparator group" and insert "maximum group size that would otherwise apply". Page 8, line 27, delete "size". Page 8, line 28, delete "(l)" and insert "(m)". Page 8, delete lines 32 through 42. Page 9, delete lines 1 through 5. (Reference is to ESB 463 as printed April 3, 2025.) GOSS-REAVES ES 463—LS 7491/DI 119