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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 ENROLLED ACT No. 1050
AN ACT to amend the Indiana Code concerning general provisions.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 2-5-53.7-5, AS ADDED BY P.L.108-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The task force consists of the following
fifteen (15) members:
(1) A member of the house of representatives who is appointed to
the task force by the speaker of the house of representatives.
(2) A member of the senate who is appointed to the task force by
the president pro tempore of the senate.
(3) A member of the house of representatives who is appointed to
the task force by the minority leader of the house of
representatives.
(4) A member of the senate who is appointed to the task force by
the minority leader of the senate.
(5) The chief information officer appointed under IC 4-13.1-2-3,
who serves as an ex officio member of the task force.
(6) The chief data officer appointed under IC 4-3-26-9, who
serves as an ex officio member of the task force, or the chief data
officer's designee.
(7) The following members who are appointed to the task force by
the governor:
(A) An academic professional who:
(i) is employed by a public or private college or university
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located in Indiana; and
(ii) specializes in ethics.
(B) An academic professional who:
(i) is employed by a public or private college or university
located in Indiana; and
(ii) specializes in artificial intelligence technology.
(C) An individual with expertise in the use of artificial
intelligence by law enforcement agencies.
(D) An individual with expertise in legal and constitutional
rights.
(E) An individual employed in the cloud technology industry.
(8) A member with expertise in artificial intelligence or
cybersecurity who is appointed to the task force as follows:
(A) The president pro tempore of the senate shall appoint the
member in odd-numbered years.
(B) The speaker of the house of representatives shall appoint
the member in even-numbered years.
(9) The solicitor general, who serves as an ex officio member of
the task force, or the solicitor general's designee.
(10) The director of information technology of the senate, who
serves as an ex officio member of the task force.
(11) The director of the legislative services agency's office of
technology services, who serves as an ex officio member of the
task force.
(b) The members appointed under subsection (a)(1) and (a)(2) shall
serve as co-chairs of the task force.
(c) Members of the task force appointed to the task force under
subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), and (a)(8) serve a term
that ends June 30 of each odd-numbered year but may be reappointed
to subsequent terms.
(d) If a vacancy occurs on the task force, the appointing authority
who appointed the member whose position is vacant shall appoint an
individual to fill the vacancy.
(e) An individual appointed to fill a vacancy must meet the
qualifications of the vacancy.
(f) An individual appointed to fill a vacancy serves for the
remainder of the term of the member the individual is appointed to
replace.
(g) The following shall serve as nonvoting members of the task
force:
(1) The chief information officer.
(2) The chief data officer, or the chief data officer's designee.
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(h) Appointing authorities shall appoint the initial members of the
task force under subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), and
(a)(8) not later than August 1, 2024, and not later than August 1 of
each odd-numbered year thereafter.
SECTION 2. IC 2-5-54-6, AS ADDED BY P.L.42-2024, SECTION
24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2025]: Sec. 6. A member of the oversight committee serves at the
pleasure of the appointing authority. A member of the oversight
committee appointed under IC 12-15-47.3 (before its repeal) serves a
two (2) two year term that expires on June 30, 2025. A member may be
reappointed to successive terms.
SECTION 3. IC 3-5-3-1, AS AMENDED BY P.L.65-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) Except as provided in sections 7 through 10
of this chapter, the county auditor shall pay the expenses of voter
registration and for all election supplies, equipment, and expenses out
of the county treasury in the manner provided by law. The county fiscal
body shall make the necessary appropriations for these purposes.
(b) The county executive shall pay to the circuit court clerk or board
of registration the expenses of:
(1) removing voters from the registration record under IC 3-7-43,
IC 3-7-45, or IC 3-7-46; and
(2) performing voter list maintenance programs under IC 3-7;
out of the county treasury without appropriation.
(c) Registration expenses incurred by a circuit court clerk or board
of registration for:
(1) the salaries of members of a board of registration appointed
under IC 3-7-12-9;
(2) the salaries of chief clerks appointed under IC 3-7-12-17; and
(3) the salaries of assistants employed under IC 3-7-12-19;
may not be charged to a municipality. However, the municipality may
be charged for wages of extra persons employed to provide additional
assistance reasonably related to the municipal election.
(d) A political subdivision that conducts or administers an election
may not:
(1) accept private money donations; or
(2) receive funds or expend funds received;
from a person for preparing, administering, or conducting elections or
employing individuals on a temporary basis for the purpose of
preparing, administering, or conducting elections, including registering
voters. This subsection does not prohibit a political subdivision from
receiving or expending funds from the state or from the federal
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government to prepare for, administer, or conduct an election.
(e) A political subdivision that conducts or administers an election
may not join the membership of, or participate in a program offered by,
a person who has directly financed:
(1) preparing, administrating, administering, or conducting
elections; or
(2) employing individuals on a temporary basis for the purpose of
preparing, administering, or conducting elections, including
registering voters.
For purposes of this subsection, a person does not include the local,
state, or federal government.
SECTION 4. IC 3-14-5-2, AS AMENDED BY P.L.153-2024,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) Each precinct election board shall, at the
close of the polls, place any affidavit prescribed by IC 3-10-1-9 to
challenge the party affiliation of a person wishing to cast a ballot in a
primary election in a strong paper bag or envelope and securely seal it.
Each member shall endorse that member's name on the back of the bag
or envelope.
(b) Each precinct election board shall, at the close of the polls, place
any affidavit:
(1) other than an affidavit described in subsection (a) that is
challenging the eligibility of a person who has offered to vote at
a primary election; and
(2) including the form printed on the face of the provisional ballot
envelope described in IC 3-11.7-5-3;
in a strong paper bag or envelope and securely seal it. Each member
shall endorse that member's name on the back of the bag or envelope.
(c) The inspector and judge of the opposite political party shall
deliver the sealed bags or envelopes to the county election board. The
county election board shall do the following:
(1) Remove the affidavits described in subsections (a) and (b)
from the bag or envelope and make three (3) copies of each
affidavit.
(2) Mail a copy of each affidavit to the secretary of state.
(3) Replace the affidavits within the bag or envelope and keep the
affidavits secure in accordance with IC 3-10-1-31.1. The
affidavits may be removed from the bag or envelope by the county
election board during a meeting or hearing when the affidavit is
to be reviewed under this title.
(4) Reseal the bag or envelope containing the affidavits with the
endorsement of the name of each county election board member
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on the back of the bag or envelope immediately after the county
election board determines which provisional ballots can be
counted and not counted under IC 3-11.7.
(5) Carefully preserve the resealed bag or envelope in accordance
with IC 3-10-1-31.1.
(d) The county election board shall do the following after the
conclusion of the period for filing a petition for a recount or contest
described in IC 3-10-1-31.1(b) and IC 3-10-1-31.1(c) during which
election materials are required to be sealed by the circuit court clerk:
(1) Retain one (1) copy of each affidavit to make available for
public inspection and copying under IC 5-14-3.
(2) Deliver one (1) copy of each affidavit, sealed in a bag or
envelope by the county election board, to the prosecuting attorney
of the county.
(e) The grand jury shall inquire into the truth or falsity of the
affidavits, and the court having jurisdiction over the grand jury shall
specially charge the jury as to its duties under this section. The grand
jury or prosecuting attorney of the county where the grand jury is
sitting may request the original affidavit from the circuit court clerk if
the grand jury determines that it is necessary to review the original
affidavit during the inquiry.
(f) The grand jury shall file a report of the result of its inquiry with:
(1) the court; and
(2) the NVRA official if a violation of NVRA appears to have
occurred.
(g) If the original affidavit is delivered to the grand jury or the
prosecuting attorney under subsection (e), the prosecuting attorney
shall:
(1) preserve the affidavit and envelope in accordance with
IC 3-10-1-31.1;
(2) ensure that no person can access a provisional ballot contained
in the envelope that the affidavit described in subsection (b) is
printed on; and
(3) return the affidavit and envelope to the circuit court clerk after
the prosecuting attorney has completed any proceeding resulting
from the investigation of the affidavit and envelope.
SECTION 5. IC 4-2-6-9, AS AMENDED BY P.L.123-2015,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) A state officer, an employee, or a special
state appointee may not participate in any decision or vote, or matter
relating to that decision or vote, if the state officer, employee, or
special state appointee has knowledge that any of the following has a
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financial interest in the outcome of the matter:
(1) The state officer, employee, or special state appointee.
(2) A member of the immediate family of the state officer,
employee, or special state appointee.
(3) A business organization in which the state officer, employee,
or special state appointee is serving as an officer, a director, a
member, a trustee, a partner, or an employee.
(4) Any person or organization with whom the state officer,
employee, or special state appointee is negotiating or has an
arrangement concerning prospective employment.
(b) A state officer, an employee, or a special state appointee who
identifies a potential conflict of interest shall notify the person's
appointing authority and ethics officer in writing and do either of the
following:
(1) Seek an advisory opinion from the commission by filing a
written description detailing the nature and circumstances of the
particular matter and making full disclosure of any related
financial interest in the matter. The commission shall:
(A) with the approval of the appointing authority, assign the
particular matter to another person and implement all
necessary procedures to screen the state officer, employee, or
special state appointee seeking an advisory opinion from
involvement in the matter; or
(B) make a written determination that the interest is not so
substantial that the commission considers it likely to affect the
integrity of the services that the state expects from the state
officer, employee, or special state appointee.
(2) File a written disclosure statement with the commission that:
(A) details the conflict of interest;
(B) describes and affirms the implementation of a screen
established by the ethics officer;
(C) is signed by both:
(i) the state officer, employee, or special state appointee who
identifies the potential conflict of interest; and
(ii) the agency ethics officer;
(D) includes a copy of the disclosure provided to the
appointing authority; and
(E) is filed not later than seven (7) days after the conduct that
gives rise to the conflict.
A written disclosure filed under this subdivision shall be posted
on the inspector general's Internet web site. website.
(c) A written determination under subsection (b)(1)(B) constitutes
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conclusive proof that it is not a violation for the state officer, employee,
or special state appointee who sought an advisory opinion under this
section to participate in the particular matter. A written determination
under subsection (b)(1)(B) shall be filed with the appointing authority.
SECTION 6. IC 4-2-6-15, AS AMENDED BY P.L.108-2019,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 15. (a) This section does not apply to the
following:
(1) A communication made by the governor concerning the public
health or safety.
(2) A communication:
(A) that a compelling public policy reason justifies the state
officer to make; and
(B) the expenditure for which is approved by the budget
agency after an advisory recommendation from the budget
committee.
(3) A communication:
(A) posted or maintained on a state owned Internet web site;
website; or
(B) that relates to the official duties of the state officer and that
is not made for commercial broadcast or dissemination to the
general public.
(4) Information posted on social media in accordance with section
15.5 of this chapter.
(b) This section does not prohibit a state officer from using in a
communication the title of the office the state officer holds.
(c) As used in this section, "communication" refers only to the
following:
(1) An audio communication.
(2) A video communication.
(3) A print communication in a newspaper (as defined in
IC 5-3-1-0.4).
(d) A state officer may not use the state officer's name or likeness in
a communication paid for entirely or in part with appropriations made
by the general assembly, regardless of the source of the money.
(e) A state officer may not use the state officer's name or likeness in
a communication paid for entirely or in part with:
(1) money from the securities division enforcement account
established under IC 23-19-6-1(f); or
(2) appropriations from the state general fund made under
IC 23-19-6-1(f).
SECTION 7. IC 4-3-24-7, AS AMENDED BY P.L.108-2019,
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SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) The budget agency shall each year publish
an annual report summarizing the federal assistance received by state
agencies during the preceding federal fiscal year, including:
(1) a list of all federal assistance that state agencies received;
(2) the state match requirements and maintenance of effort
requirements for each federal assistance program; and
(3) the federal assistance agreement start and end date.
(b) The budget agency shall publish a comprehensive federal
assistance review plan that incorporates each state agency's findings
and recommendations under section 6 of this chapter. The
comprehensive federal assistance review plan may include options for
coordination among state agencies to address issues caused by federal
mandates and regulations.
(c) The budget agency shall perform a review of the current impact
and projected future impact of federal mandates and regulations on
Indiana.
(d) The budget agency shall submit the annual report to the
governor, to the members of the United States Congress representing
Indiana, the budget committee, the interim study committee on fiscal
policy, and (in an electronic format under IC 5-14-6) to the legislative
council.
(e) The budget agency, in collaboration with state agencies, shall
maintain on its Internet web site website a list of all federal grant
applications made by state agencies, award notices, and grant
amendments. A state agency that applies for a federal grant must
provide the application submitted to the federal government to the
budget agency within sixty (60) days of applying for the grant. State
agencies shall provide a copy of each award notice and grant
amendment approval to the budget agency within sixty (60) days of
receiving it.
SECTION 8. IC 4-3-25-5, AS AMENDED BY P.L.205-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The member of the governor's staff
appointed under section 4(1) 4(a)(1) of this chapter shall serve as the
chairperson of the commission. The chairperson shall determine the
agenda for the commission.
(b) The member at large appointed under section 4(19) 4(a)(19) of
this chapter shall serve as vice chairperson of the commission. The
chairperson shall determine the duties of the vice chairperson.
SECTION 9. IC 4-3-27-17, AS ADDED BY P.L.216-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2025]: Sec. 17. (a) The cabinet may establish a course catalog
which must be maintained on the cabinet's Internet web site website
with links to the course catalog maintained on the department of
workforce development's Internet web site website and the commission
for higher education's Internet web site. website. The course catalog
shall be known as the course catalog for lifelong learning. The course
catalog shall list all:
(1) work based learning, preapprenticeship, and apprenticeship
opportunities in Indiana; and
(2) providers that are eligible to receive high value workforce
ready grants described under IC 21-12-8.
(b) The cabinet may list the cost of each course or experience in the
catalog as well as a link on the cabinet's Internet web site website to
allow an individual to enroll in a particular course or experience.
SECTION 10. IC 4-4-38-7, AS AMENDED BY P.L.189-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) Subject to:
(1) subsection (b); and
(2) section 8 of this chapter;
the office shall establish procedures for awarding grants from the fund
to qualified broadband providers for qualified broadband project
expenses incurred in connection with qualified broadband projects.
(b) In awarding grants under this chapter, the office shall establish
the following priorities:
(1) First, extending the deployment of qualified broadband service
to areas in which:
(A) Internet connections are unavailable; or
(B) the only available Internet connections provide capacity
for transmission at an actual speed of less than ten (10)
megabits per second downstream.
(2) Second, extending the deployment of high speed Internet
service to areas in which the only available Internet connections
provide capacity for transmission at an actual speed of:
(A) not less than ten (10) megabits; and
(B) not more than twenty-five (25) megabits;
per second downstream.
(c) Subject to section 11 of this chapter, the office shall publish on
the office's Internet web site website all grant applications received by
the office under this chapter. For each grant application received, the
office shall establish a period of at least thirty (30) days from the date
the application is published on the office's Internet web site website
under this subsection, during which time the office will accept
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comments or objections concerning the application. The office shall
consider all comments or objections received under this subsection in
making a determination as to whether to award a grant to an applicant
under this chapter.
SECTION 11. IC 4-4-38.5-13, AS AMENDED BY P.L.89-2021,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. (a) The office shall establish and publish on
the office's Internet web site: website:
(1) specific, measurable goals; and
(2) metrics to be used in assessing the progress made toward
accomplishing those goals;
for the disbursement of state broadband grant funds.
(b) Beginning in 2020, not later than August 1 of each year, the
office shall submit to the interim study committee on energy, utilities,
and telecommunications established by IC 2-5-1.3-4(8) a report on the
awarding of grants under this chapter during the most recent state fiscal
year, including the following:
(1) The number, amounts, and recipients of grants awarded under
this chapter, along with the state agency awarding each grant.
(2) The status of any funded eligible broadband projects.
(3) Expenses incurred and funds spent by the office in
administering this chapter.
(4) A list of the entities, if any, that the office collaborated with in
administering this chapter.
(5) An accounting of money in the fund, including funds awarded
as grants under this chapter.
(6) The number of:
(A) school corporation buildings described in section 9(b)(1)
of this chapter;
(B) rural health clinics described in section 9(b)(2) of this
chapter;
(C) access points described in section 9(b)(3) of this chapter;
and
(D) locations in rural areas described in section 9(b)(4) of this
chapter;
to which broadband infrastructure has been deployed with the use
of grant funds under this chapter, including address-level
information for newly connected locations.
(7) The overall progress of the deployment of broadband
infrastructure for the provision of eligible broadband service:
(A) to school corporation buildings, as described in section
9(b)(1) of this chapter;
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(B) to rural health clinics, as described in section 9(b)(2) of
this chapter;
(C) so as to ensure that eligible students have access points
providing a connection to eligible broadband service, as
described in section 9(b)(3) of this chapter; and
(D) in rural areas in Indiana, as described in section 9(b)(4) of
this chapter.
A report to the interim study committee on energy, utilities, and
telecommunications under this subsection must be in an electronic
format under IC 5-14-6.
(c) Every year, beginning in 2021, the state board of accounts shall
conduct an audit of the awarding of grants under:
(1) IC 4-4-38; and
(2) this chapter;
as appropriate, during the most recent state fiscal year. A report of an
audit conducted under this subsection shall be submitted to the interim
study committee on energy, utilities, and telecommunications
established by IC 2-5-1.3-4(8) in an electronic format under IC 5-14-6
not later than September 1 of the calendar year that includes the end of
the state fiscal year covered by the audit.
SECTION 12. IC 4-4-38.6-9, AS ADDED BY P.L.86-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) Subject to subsection (b), and to the extent
not preempted by federal law, the office shall administer the program
in Indiana in compliance with the following:
(1) All mandatory provisions set forth in the act with respect to
the program.
(2) All mandatory provisions set forth in the BEAD NOFO with
respect to the program.
(3) Before awarding a subgrant to an eligible broadband service
provider a subgrantee during any round of funding under the
program, the office shall submit to the budget committee for
review the proposed amount and terms of the subgrant.
(4) In awarding subgrants for the deployment of a broadband
network using program funds, the office may not exclude
cooperatives, nonprofit organizations, public-private partnerships,
private companies, public or private utilities, public utility
districts, or local governments from eligibility for those funds, as
set forth in 47 U.S.C. 1702(h)(1)(A)(iii).
(b) The final proposal submitted by the office to NTIA must include
the specifications for the required low cost broadband service option
that are set forth in the office's initial proposal, as submitted to and
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approved by NTIA.
SECTION 13. IC 4-4-41-8, AS ADDED BY P.L.89-2021,
SECTION 11 AND P.L.158-2021, SECTION 2, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) The
office shall contact broadband Internet providers to solicit the
providers' registration with the program. The office shall not:
(1) require a provider to provide any proprietary business
information to the office for purposes of participating in the
program; or
(2) require a provider to participate in the program.
(b) The office shall create and administer a public broadband portal:
(1) that is accessible to individuals through the office's Internet
web site website and through a mailing address designated by the
office for the purpose of public access to the portal; and
(2) through which an individual may submit the individual's
residential or business address to report that minimum broadband
Internet connectivity is unavailable at the address.
The public broadband portal created and administered by the office
under this section must solicit information as to whether one (1) or
more eligible students reside at an address that is reported by an
individual under subdivision (2). The office may contract or consult
with one (1) or more third parties in the creation or administration of
the public broadband portal required by this section.
(c) At least every three (3) months, the office shall:
(1) post addresses, including ZIP codes and any reported
information as to whether an eligible student resides at an
address, submitted under subsection (b)(2) to an Internet web site
a website that is accessible only to registered providers; and
(2) not less than twenty-four (24) hours after the addresses are
posted, send notice of the posting to registered providers by
electronic mail.
(d) Not later than ten (10) business days after a registered provider
receives notice of a posting of addresses under subsection (c), the
registered provider may provide notice to the office of any posted
address at which the registered provider's minimum broadband Internet
service is available.
(e) If the office does not receive notice under subsection (d)
regarding an address within ten (10) business days after posting the
address under subsection (c), the office shall, not later than twenty (20)
business days after the expiration of the ten (10) business day period
described in subsection (d), transmit to each registered provider a bid
notification for provision of broadband Internet service at the address.
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(f) A registered provider that receives a bid notification for an
address under subsection (e) and wishes to submit a bid for provision
of broadband Internet service to the address must, not later than sixty
(60) days after receiving the bid notification, send to the office a bid
that includes:
(1) a proposal for making a line extension from the provider's
existing broadband Internet infrastructure to the address;
(2) an estimate of the state's share of the cost for the line
extension; and
(3) a statement of the amount of the cost of the line extension that
the provider agrees to bear.
(g) The office shall, not later than thirty (30) business days after the
close of the sixty (60) day bidding period for an address under
subsection (f), evaluate the bids received and select the provider whose
bid presents the lowest cost to the state for extension of the provider's
broadband Internet infrastructure to the address.
(h) As used in this section, "eligible student" means a student who
is:
(1) a resident of Indiana;
(2) less than twenty-three (23) years of age; and
(3) enrolled in a school in Indiana providing any combination of
kindergarten through grade 12 instruction.
SECTION 14. IC 4-4-41-10, AS ADDED BY P.L.89-2021,
SECTION 11 AND P.L.158-2021, SECTION 2, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) Not
later than November 1 of each year, the office shall:
(1) issue to the executive director of the legislative services
agency, for distribution to the members of the general assembly
convening in November of that year; and
(2) post to the office's Internet web site; website;
a report regarding the program.
(b) The report under subsection (a) must include the following
information with regard to the immediately preceding calendar year:
(1) The number of addresses submitted under section 8(b)(2) of
this chapter:
(A) in total; and
(B) categorized by the Indiana legislative district in which the
address is located.
(2) The number of grants, and the amount of the grants, awarded
under this chapter:
(A) in total; and
(B) categorized by the Indiana legislative district in which the
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grant was used to extend broadband Internet service.
(c) The report issued under subsection (a)(1) must be in an
electronic format under IC 5-14-6.
SECTION 15. IC 4-4-43-1, AS ADDED BY P.L.158-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) The office may maintain a geographic
information system or similar data base that contains spatial data
regarding the availability of broadband Internet service in Indiana.
(b) The office may create and may, subject to subsection (c),
regularly update the data base using broadband Internet coverage
information compiled by the Federal Communications Commission.
(c) Not later than July 1, 2022, the office:
(1) may evaluate the broadband Internet coverage map created by
the Federal Communications Commission under the Broadband
Deployment Accuracy and Technological Availability Act (Public
Law 116-130); and
(2) if the office determines that the map provides broadband
Internet coverage information:
(A) at a level of detail that allows for determination of
broadband Internet availability at individual Indiana addresses;
or
(B) at a level of detail greater than that of the broadband
Internet coverage map provided by the office on the office's
Internet web site; website;
may use the information to update the broadband Internet
coverage map provided by the office on the office's Internet web
site. website.
(d) If the office determines in the office's evaluation under
subsection (c) that the map does not provide broadband Internet
coverage information:
(1) at a level of detail that allows for determination of broadband
Internet availability at individual Indiana addresses; or
(2) at a level of detail greater than that of the broadband Internet
coverage map provided by the office on the office's Internet web
site; website;
the office shall present the office's determination to the interim study
committee on energy, utilities, and telecommunications during the
2022 legislative interim.
SECTION 16. IC 4-5-10-1, AS AMENDED BY P.L.146-2014,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) As used in this section, "person" includes:
(1) an individual engaged in a trade or business; and
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(2) a business entity or association described in IC 23.
(b) The office of technology established by IC 4-13.1-2-1 and the
secretary of state shall establish policies and procedures for providing
electronic and enhanced access under this chapter to create and
maintain uniform policies and procedures for electronic and enhanced
access by the public.
(c) The secretary of state, in collaboration with other state agencies,
including the department of workforce development and the
department of state revenue, shall develop and maintain an Internet
web site a website through which a person is able to submit
information simultaneously to the secretary of state and other state
agencies about the person's formation, existence, or other trade,
business, business entity, or association activities for the purpose of
complying with the requirements of state law, including requirements
concerning:
(1) pre-establishment;
(2) establishment;
(3) registration;
(4) reinstatement;
(5) licenses or permits;
(6) filings or reports; and
(7) transacting payments or refunds.
The secretary of state shall assign to each business entity registered
through the Internet web site website a unique business identification
number. The secretary of state, the department of state revenue, the
department of workforce development, and other state agencies sharing
information on the Internet web site website relating to a business
entity shall use the business entity's unique business identification
number.
(d) If the secretary of state requests assistance from a state agency
in the development and maintenance of the Internet web site website
described in subsection (c), the state agency, including the department
of workforce development and the department of state revenue, shall
furnish the requested assistance. The assistance shall be provided at no
cost to the secretary of state.
(e) The secretary of state shall annually, on or before November 1,
report to the legislative council about the progress of the Internet web
site website described in subsection (c). The report must be made:
(1) in an electronic format submitted in accordance with
IC 5-14-6; and
(2) in person, if requested by the legislative council.
SECTION 17. IC 4-6-3-2.5, AS ADDED BY P.L.101-2011,
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SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2.5. (a) As used in this section, "agency" means
a state agency or a body corporate and politic.
(b) An agency may not enter into a contingency fee contract with a
private attorney unless the agency makes a written determination
before entering into the contract that contingency fee representation is
cost effective and in the public interest. The written determination must
include the specific findings described in subsection (c).
(c) The written determination described in subsection (b) must
include a consideration of the following factors:
(1) Whether the agency has sufficient and appropriate legal and
financial resources to handle the matter.
(2) The time and labor required to conduct the litigation.
(3) The novelty, complexity, and difficulty of the questions
involved in the litigation.
(4) The expertise and experience required to perform the attorney
services properly.
(5) The geographic area where the attorney services are to be
provided.
(d) If the agency makes the determination described in subsection
(b), the attorney general shall request proposals from private attorneys
wishing to provide services on a contingency fee basis, unless the
agency determines in writing that requesting proposals is not feasible
under the circumstances.
(e) After the agency has made the determination in subsection (b)
and selected a private attorney, but before the agency and the attorney
enter into a contract to provide services on a contingency fee basis, the
inspector general shall make a determination in writing that entering
into the contract would not violate the code of ethics or violate any
statute or agency rule concerning conflict of interest. An agency may
not enter into a contingency fee contract with a private attorney unless
the inspector general has made a written determination under this
subsection.
(f) A private attorney who enters into a contingency fee contract
with the agency shall maintain detailed contemporaneous time records
for the attorneys and paralegals working on the matter in increments of
not greater than one-tenth (1/10) of an hour and shall, upon request,
promptly provide these records to the attorney general.
(g) The agency may not enter into a contingency fee contract that
provides for the private attorney to receive an aggregate contingency
fee that exceeds the sum of the following:
(1) Twenty-five percent (25%) of any recovery that exceeds two
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million dollars ($2,000,000) and that is not more than ten million
dollars ($10,000,000).
(2) Twenty percent (20%) of any part of a recovery of more than
ten million dollars ($10,000,000) and not more than fifteen
million dollars ($15,000,000).
(3) Fifteen percent (15%) of any part of a recovery of more than
fifteen million dollars ($15,000,000) and not more than twenty
million dollars ($20,000,000).
(4) Ten percent (10%) of any part of a recovery of more than
twenty million dollars ($20,000,000) and not more than
twenty-five million dollars ($25,000,000).
(5) Five percent (5%) of any part of a recovery of more than
twenty-five million dollars ($25,000,000).
An aggregate contingency fee may not exceed fifty million dollars
($50,000,000), excluding reasonable costs and expenses, regardless of
the number of lawsuits filed or the number of private attorneys retained
to achieve the recovery.
(h) Copies of any executed contingency fee contract, the inspector
general's written determination, and the agency's written determination
to enter into a contingency fee contract with the private attorney shall
be provided to the attorney general and, unless the attorney general
determines that disclosing the contingency fee contract while the action
is pending is not in the best interests of the state, the contract shall be
posted on the attorney general's web site website for public inspection
not later than five (5) business days after the date the contract is
executed and must remain posted on the web site website for the
duration of the contingency fee contract, including any extensions to
the original contract. Any payment of contingency fees shall be posted
on the attorney general's web site website not later than fifteen (15)
days after the payment of the contingency fees to the private attorney,
and must remain posted on the web site website for at least one (1)
year. If the attorney general determines that disclosing the contingency
fee contract is not in the best interests of the state under this subsection,
the contract shall be posted on the attorney general's web site website
not later than fifteen (15) days after the action is concluded.
(i) Every agency that has hired or employed a private attorney on a
contingency fee basis in the calendar year shall submit a report
describing the use of contingency fee contracts with private attorneys
to the attorney general before October 1 of each year. The report must
include the following:
(1) A description of all new contingency fee contracts entered into
during the year and all previously executed contingency fee
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contracts that remain current during any part of the year. The
report must include, for each contract:
(A) the name of the private attorney with whom the
department has contracted, including the name of the
attorney's law firm;
(B) the nature and status of the legal matter;
(C) the name of the parties to the legal matter;
(D) the amount of any recovery; and
(E) the amount of any contingency fee paid.
(2) A copy of all written determinations made under this section
during the year.
The attorney general shall compile the reports and submit a
comprehensive report to the legislative council before November 1 of
each year. The report must be in an electronic format under IC 5-14-6.
SECTION 18. IC 4-12-1-21, AS ADDED BY P.L.87-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 21. (a) To ensure transparency in state
government, on or before June 30, 2022, and on or before June 30 of
each year thereafter, all state agencies shall submit to the budget
agency a report of each individual state employee employed by the
state agency whose salary is funded in whole or in part from donated
money.
(b) If the donation of money is to the secretary of state, the report
shall specify whether the money was or will be distributed to political
subdivisions for preparing, administering, or conducting elections, and,
if so, the specific types of uses for which the donated money will be
used by those political subdivisions.
(c) On or before December 1, 2022, and on or before December 1
of each year thereafter, the budget agency shall annually submit to the
budget committee a report of the information submitted under
subsections (a) and (b) that specifies and identifies each individual
state employee whose salary is funded in whole or in part from donated
money.
(d) Before January 31, 2023, and before January 31 of each year
thereafter, the report submitted under subsection (c) in the preceding
year shall be posted and made available on the Indiana transparency
Internet web site website established under IC 5-14-3.5-2.
SECTION 19. IC 4-13-16.5-3.5, AS ADDED BY P.L.15-2020,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3.5. (a) The department shall adopt rules under
IC 4-22-2 to do the following:
(1) Increase contracting opportunities for Indiana veteran owned
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small businesses described in section 1.5 of this chapter with a
goal to procure in each state fiscal year at least three percent (3%)
of state contracts with Indiana veteran owned small businesses.
(2) Develop procurement policies and procedures to accomplish
the goal described in subdivision (1), including guidelines to be
followed by the department in conducting the department's
procurement efforts.
(3) Implement section 1.5 of this chapter.
These procurement policies do not apply to a procurement of supplies
and services to address immediate and serious government needs at a
time of emergency, including a threat to the public health, welfare, or
safety that may arise by reason of floods, epidemics, riots, acts of
terrorism, major power failures, a threat proclaimed by the President of
the United States or the governor, or a threat declared by the
commissioner.
(b) The department shall annually evaluate its progress in meeting
the goal described in this section for the previous state fiscal year. After
June 30 and before November 1 of each year, the department shall
submit a report to the governor, the Indiana department of veterans'
affairs, and the interim study committee on public safety and military
affairs established by IC 2-5-1.3-4 and the legislative council in an
electronic format under IC 5-14-6. The report must include:
(1) the percentage goal obtained by the department during the
previous state fiscal year; and
(2) a summary of why the department failed to meet the goal and
what actions are being taken by the department to meet the goal
in the current state fiscal year.
(c) The department shall post the report described in subsection (b)
on the department's Internet web site website not later than thirty (30)
days after the report is submitted. The Indiana department of veterans'
affairs shall post the report described in subsection (b) on the
department's Internet web site website not later than thirty (30) days
after the report is submitted by the department.
SECTION 20. IC 4-13-19-10, AS AMENDED BY P.L.13-2013,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) The office of the department of child
services ombudsman shall prepare a report each year on the operations
of the office.
(b) The office of the department of child services ombudsman shall
include the following information in the annual report required under
subsection (a):
(1) The office of the department of child services ombudsman's
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activities.
(2) The general status of children in Indiana, including:
(A) the health and education of children; and
(B) the administration or implementation of programs for
children.
(3) Any other issues, concerns, or information concerning
children.
(c) A copy of the report shall be provided to the following:
(1) The governor.
(2) The legislative council.
(3) The Indiana department of administration.
(4) The department of child services.
A report provided under this subsection to the legislative council must
be in an electronic format under IC 5-14-6.
(d) A copy of the report shall be posted on the department of child
services' Internet web site website and on any Internet web site website
maintained by the office of the department of child services
ombudsman.
SECTION 21. IC 4-13.1-1-1.5, AS ADDED BY P.L.134-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.5. (a) "Cybersecurity incident" means a
malicious or suspicious occurrence that consists of one (1) or more of
the categories of attack vectors described in subsection (b) and defined
on the office's Internet web site website that:
(1) jeopardizes or may potentially jeopardize the confidentiality,
integrity, or availability of an information system, an operational
system, or the information that such systems process, store, or
transmit;
(2) jeopardizes or may potentially jeopardize the health and safety
of the public; or
(3) violates security policies, security procedures, or acceptable
use policies.
(b) A cybersecurity incident may consist of one (1) or more of the
following categories of attack vectors:
(1) Ransomware.
(2) Business email electronic mail compromise.
(3) Vulnerability exploitation.
(4) Zero-day exploitation.
(5) Distributed denial of service.
(6) Web site Website defacement.
(7) Other sophisticated attacks as defined by the chief information
officer and that are posted on the office's Internet web site.
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website.
SECTION 22. IC 4-21.5-3-8.5, AS AMENDED BY P.L.205-2019,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8.5. (a) After June 30, 2020, this section does not
apply to an agency that is subject to the jurisdiction of the office of
administrative law proceedings.
(b) An agency may share an administrative law judge with another
agency:
(1) to avoid bias, prejudice, interest in the outcome, or another
conflict of interest;
(2) if a party requests a change of administrative law judge;
(3) to ease scheduling difficulties; or
(4) for another good cause.
An agency may adopt rules under IC 4-22-2 to implement this
subsection.
(c) To the extent practicable, an administrative law judge must have
expertise in the area of law being adjudicated.
(d) An agency shall post on the agency's Internet web site website
the:
(1) name;
(2) salary and other remuneration; and
(3) relevant professional experience;
of every person who serves as an administrative law judge for the
agency.
SECTION 23. IC 4-22-2-19.7, AS ADDED BY P.L.152-2012,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 19.7. An agency, to the extent feasible and
permitted by law, shall afford the public a meaningful opportunity to
comment on proposed rules through the agency's Internet web site.
website. An agency shall consider providing a comment period that
exceeds the minimum required by law.
SECTION 24. IC 4-22-2-22.8, AS AMENDED BY P.L.93-2024,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 22.8. (a) After conducting a regulatory analysis
under section 22.7 of this chapter, if an agency elects to adopt a rule
subject to section 23 of this chapter or IC 13-14-9, the agency shall
submit a request to the budget agency and the office of management
and budget to authorize commencement of the public comment periods
under this chapter or IC 13-14-9 (as applicable). The request must
include the following:
(1) A general description of the subject matter of the proposed
rule.
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(2) The full text of the proposed rule (including a copy of any
matter incorporated by reference under section 21 of this chapter)
in the form required by the publisher, including citations to any
related authorizing and affected Indiana statutes.
(3) The regulatory analysis, including supporting data, prepared
under section 22.7 of this chapter.
(4) Any other information required by the office of management
and budget.
(b) The budget agency and the office of management and budget
shall expedite the review of the request to adopt a rule. The budget
agency and the office of management and budget may do the following:
(1) Return the request to the agency with a statement describing
any additional information needed to authorize or disapprove
further rulemaking actions on one (1) or more of the rules in the
request.
(2) Authorize the commencement of the public comment periods
on one (1) or more of the rules in the request with or without
changes.
(3) Disapprove commencement of the public comment periods on
one (1) or more of the rules with a statement of reasons for the
disapproval.
(c) If an agency has requested authorization for more than one (1)
rule in the same request, the budget agency and the office of
management and budget may make separate determinations with
respect to some or all of the rules in the request. Approval of a request
shall be treated as a determination that the review conducted and
findings made by the agency comply with the requirements of section
22.7 of this chapter and this section. The budget agency and the office
of management and budget may not approve any part of a proposed
rule that adds or amends language to increase or expand application of
a fee, fine, or civil penalty or a schedule of fees, fines, or civil penalties
before submitting the proposed rule to the budget committee for
review.
(d) If the implementation and compliance costs of a proposed rule
are expected to exceed the threshold set forth in section 22.7(c)(6) of
this chapter, the office of management and budget shall submit the rule
to the legislative council, in an electronic format under IC 5-14-6,
within thirty (30) days of completing the review of the regulatory
analysis. The chairperson of the legislative council shall inform
members of the budget committee of a rule submitted under this
subsection. The budget agency and the office of management and
budget may not approve any part of a proposed rule covered by this
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subsection prior to review of the proposed rule by the budget
committee.
(e) Notice of the determination shall be provided to the agency in an
electronic format required by the publisher. The budget agency and the
office of management and budget may return to the agency any copy of
a matter incorporated by reference under section 21 of this chapter that
was submitted with the request.
(f) If an agency revises a proposed rule after the budget agency and
the office of management and budget authorize commencement of the
public comment periods, the agency must obtain a new notice of
determination under subsection (e). The agency shall resubmit to the
budget agency and the office of management and budget the revised
proposed rule and a revised regulatory analysis with sufficient
information for the budget agency and the office of management and
budget to determine the impact the revisions have on the regulatory
analysis previously reviewed by the budget agency and the office of
management and budget. After obtaining a new notice of
determination, the agency shall submit to the publisher the new notice
of determination, the revised proposed rule, and the revised regulatory
analysis.
SECTION 25. IC 4-23-24.1-4, AS AMENDED BY P.L.42-2024,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) The governor shall annually designate one
(1) of the members appointed under section 3(1) 3(a)(1) of this chapter
as chairperson of the commission.
(b) Members of the commission appointed under subsection 3(1)
section 3(a)(1) of this chapter serve a four (4) year term. Each term
expires as follows:
(1) For a member appointed from an odd-numbered congressional
district, December 31, 2025, and each fourth year thereafter.
(2) For a member appointed from an even-numbered
congressional district, December 31, 2027, and each fourth year
thereafter.
(c) A member appointed under section 3(1) 3(a)(1) of this chapter
may be reappointed for successive terms.
(d) The governor shall fill a vacancy among the members appointed
under section 3(1) 3(a)(1) of this chapter. A member appointed under
this subsection serves until the end of the unexpired term of the
vacating member of the commission.
SECTION 26. IC 4-31-3-8, AS AMENDED BY P.L.256-2015,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. The commission shall:
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(1) prescribe the rules and conditions under which horse racing at
a recognized meeting may be conducted;
(2) initiate safeguards as necessary to account for the amount of
money wagered at each track or satellite facility in each wagering
pool;
(3) require all permit holders to provide a photographic or
videotape recording, approved by the commission, of the entire
running of all races conducted by the permit holder;
(4) make annual reports concerning:
(A) the promotional actions taken and promotional initiatives
established by the commission to promote the Indiana horse
racing industry, including:
(i) a listing of the commission's promotional actions and
promotional initiatives; and
(ii) an accounting of the money spent on each promotional
action and promotional initiative;
(B) the competitive status of the Indiana horse racing industry
as compared to the horse racing industries of other states and
measured by purse, handle, and any other factors determined
by the commission;
(C) the commission's operations; and
(D) the commission's recommendations;
to the governor and, in an electronic format under IC 5-14-6, to
the general assembly;
(5) carry out the provisions of IC 15-19-2, after considering
recommendations received from the Indiana standardbred
advisory board under IC 15-19-2;
(6) develop internal procedures for accepting, recording,
investigating, and resolving complaints from licensees and the
general public;
(7) promote the Indiana horse racing industry, including its
simulcast product; and
(8) annually post the following information on the commission's
Internet web site: website:
(A) A summary of the disciplinary actions taken by the
commission in the preceding calendar year.
(B) A summary of the complaints received and resolved in the
preceding calendar year.
SECTION 27. IC 4-31-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) An application
for renewal of an existing recognized meeting permit must be filed with
the commission no later than November 1 of the year preceding the
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year in which the horse racing meeting is to be conducted. The timing
for filing an initial application for a recognized meeting permit shall be
established by the rules of the commission.
(b) The commission shall prescribe the forms to be used in making
an application under this section. The application must include the
following:
(1) The full name of the person making the application.
(2) If the applicant is an association, the names and addresses of
the members of the association.
(3) If the applicant is a corporation, the name of the state in which
it is incorporated, the location of its principal place of business,
and the names and addresses of its directors and stockholders.
(4) If the applicant is a trust, the location of its principal place of
business and the names and addresses of its trustees and
beneficiaries.
(5) If the applicant is a partnership, the names and addresses of
the partners.
(6) If the applicant is a limited partnership, the names, addresses,
and percentages of ownership of each general partner and each
limited partner.
(7) If the applicant is a limited liability company, the name of the
state where it is organized, the location of its principal place of
business, and the names and addresses of the managers and
members.
(8) The dates on which the applicant intends to conduct horse
racing meetings, which must be successive days (including
Sundays) unless otherwise authorized by the commission. The
applicant may submit a written statement setting forth the reasons
certain dates are sought.
(9) The proposed hours of each racing day.
(10) The location of the place, track, or enclosure where the
applicant proposes to conduct horse racing meetings.
(11) A statement of whether the racing plant is owned or leased
by the applicant.
(12) A statement of whether the racing plant will include a
facility, either physically connected to the clubhouse or in close
proximity, that will:
(A) display for public inspection trophies, memorabilia, and
instructional material depicting the history of horse racing; and
(B) be made available as a repository for the collections of the
Indiana Harness Horse Hall of Fame.
(13) Any other information that the commission requires.
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(c) An application under this section must be signed and verified as
follows:
(1) An application by an individual must be signed and verified
under oath by that individual.
(2) An application by two (2) or more individuals or by a
partnership must be signed and verified under oath by one (1) of
those individuals or by a member of the partnership.
(3) An application by an association, a trust, or a corporation must
be:
(A) signed by its president and vice president;
(B) attested by its secretary; and
(C) verified under oath.
(4) An application by a limited liability company must be signed
and verified under oath by two (2) managers or members of the
limited liability company.
(d) At the time an application is filed, the applicant must:
(1) pay a permit fee and an investigation fee for an initial permit
application as required by the rules of the commission;
(2) file a cash bond, certified check, or bank draft in the manner
provided by section 4 of this chapter (repealed); and
(3) file a copy of an ordinance adopted under IC 4-31-4.
SECTION 28. IC 4-33-6.7-1, AS ADDED BY P.L.293-2019,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. If a licensed owner submits a request to relocate
gaming operations under IC 4-33-6-4.5, the commission shall begin
accepting applications and proposals for awarding a license to operate
an inland casino in Vigo County. The commission shall publish
deadlines for submitting an application and proposal under this chapter
on its Internet web site. website. An application and proposal must
comply with the provisions of IC 4-33-6-2 and include any additional
information required by the commission. The commission shall
prescribe the form of the application and proposal for permission to
operate an inland casino under this chapter.
SECTION 29. IC 4-33-23-10, AS AMENDED BY P.L.229-2013,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) A development provider shall report
annually to the commission the following:
(1) The total dollar amounts of economic development payments.
(2) The parties or specified recipients, or both, that receive
economic development payments. and
(3) Any other items related to an economic development payment
that the commission may require.
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(b) A specified recipient of an economic development payment shall
report annually to the commission an accounting of:
(1) any economic development payment received by the recipient;
and
(2) any disbursements of economic development payment money
that the recipient makes to:
(A) another specified recipient; or
(B) an unspecified recipient.
(c) A report submitted under subsection (b) must include:
(1) the legal name of the person submitting the report;
(2) the date, amount, and purpose of each disbursement;
(3) the name of each specified or unspecified recipient receiving
a disbursement; and
(4) any other information that the commission may require.
(d) Upon request of the commission, a person submitting a report
under subsection (a) or (b) shall attach to the report sufficient
documentation to support a transaction described in the report.
(e) A report submitted under subsection (a) or (b) must be submitted
to the department of local government finance and made available
electronically through the Indiana transparency Internet web site
website established under IC 5-14-3.7.
(f) The commission may require, with respect to a report required
by this section:
(1) the format of the report;
(2) the deadline by which the report must be filed; and
(3) the manner in which the report must be maintained and filed.
SECTION 30. IC 4-33-23-17, AS ADDED BY P.L.229-2013,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 17. (a) Any political subdivision receiving an
economic development payment shall annually report the following
information to the department of local government finance:
(1) The total amount of economic development payments received
in the previous state fiscal year.
(2) The balance of the fund in which the political subdivision
deposited the economic development payments under section 13
of this chapter as of the end of the previous state fiscal year.
(b) A political subdivision shall submit the report required by
subsection (a) to the department of local government finance before
October 1 of each year.
(c) The department of local government finance shall make the
report available electronically through the Indiana transparency
Internet web site website established under IC 5-14-3.7.
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SECTION 31. IC 4-33-24-14, AS ADDED BY P.L.212-2016,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 14. A game operator may:
(1) conduct one (1) or more paid fantasy sports games through an
Internet web site a website maintained and operated by the game
operator; or
(2) contract with a licensee to conduct one (1) or more paid
fantasy sports games on the premises of a licensed facility.
SECTION 32. IC 4-37-7-8, AS AMENDED BY P.L.167-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) The chief executive officer of the
corporation may enter into a memorandum of understanding with one
(1) or more nonprofit organizations that are recognized supporters of
a specific state historic site and are exempt from taxation under Section
501(c)(3) of the Internal Revenue Code. The memorandum of
understanding may provide that the nonprofit organization or
organizations may maintain a gift shop and offer special events at the
state historic site.
(b) A memorandum of understanding entered into under this section
may not do any of the following to restrict the fundraising activities of
an organization described in subsection (a):
(1) Require the organization to deposit into the fund the proceeds
of a fundraising activity approved by the chief executive officer.
(2) Require the organization to send money donated to the
organization to the corporation.
(3) Require the approval of the chief executive officer, or the
chief executive officer's designee, before the organization pursues
general donations from individuals and other entities.
(4) Restrict, regulate, or limit the ability of the organization to
hold offsite fundraising programs or activities.
(5) Restrict, regulate, or limit the ability of the organization to
promote or advertise any onsite or offsite fundraising programs or
activities on social media, via electronic mail, on an Internet web
site, a website, or by any other means.
(c) A memorandum of understanding entered into under this section
may not do any of the following:
(1) Require the organization to be any type of supporting
organization (as the term is used in the Internal Revenue Code).
(2) Require a representative of the corporation to be a voting or
nonvoting member of the organization's board of directors.
(3) Require the organization to submit to the corporation any
organization documents, correspondence, electronic mail, or other
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data that are not required to be submitted by the Internal Revenue
Service.
(4) Require the organization to submit an audit of the
organization's funds.
(5) Restrict, regulate, or otherwise limit the ability of the
organization to promote any onsite or offsite activities.
(6) Allow the corporation to take a nonprofit organization's real
or financial assets.
(7) Require the organization to pay any rental or other fee to
support an event at a state historic site that is sponsored by the
organization or the corporation.
(d) The corporation shall return to the organization any funds raised
by the organization and donated to the corporation that:
(1) are designated as donor restricted funds for a specific use in
a historic site project; and
(2) are not used for the donor's specified use in the historic site
project;
upon the completion of the historic site project.
SECTION 33. IC 5-1.2-11.5-10, AS ADDED BY P.L.18-2022,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) As used in this section, "program" refers
to the drinking water and wastewater infrastructure research and
extension program authorized by subsection (c).
(b) As used in this section, "utility" means any of the following that
provides drinking water, wastewater, or storm water service in Indiana:
(1) A public utility (as defined in IC 8-1-2-1(a)).
(2) A municipally owned utility (as defined in IC 8-1-2-1(h)).
(3) A not-for-profit utility (as defined in IC 8-1-2-125(a)).
(4) A cooperatively owned corporation.
(5) A conservancy district established under IC 14-33.
(6) A regional sewer district established under IC 13-26.
(7) A department of storm water management under IC 8-1.5-5.
(c) A drinking water and wastewater infrastructure research and
extension program may be established to provide data collection and
information, training, and technical assistance concerning:
(1) drinking water infrastructure;
(2) wastewater infrastructure; and
(3) storm water infrastructure;
in Indiana, including assistance with infrastructure and system design,
construction, operation, maintenance, financial management, and
administration.
(d) The authority may contract with a state supported college or
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university in Indiana to provide the program. The program:
(1) must be overseen by a director and include such staff as
mutually agreed upon by the authority and the college or
university; and
(2) may be housed within, or share staff with, the research and
highway extension program established by IC 8-17-7, as may be
mutually agreed upon by the authority and the college or
university.
The authority may financially support the program from existing funds
appropriated to the authority.
(e) The program may provide the following services and programs
to, or for the benefit of, utilities that provide drinking water,
wastewater, or storm water service in Indiana:
(1) Assisting utilities in the development of asset management
programs by:
(A) providing educational and technical assistance concerning
the principles, benefits, requirements, and implementation of
a successful asset management program; and
(B) reviewing the asset management programs of utilities and
offering advice in cases in which information or essential
components may be missing or lacking.
(2) Serving as a central repository for data concerning the location
and condition of, and populations served by, drinking water
infrastructure, wastewater infrastructure, and storm water
infrastructure throughout Indiana, by:
(A) collecting:
(i) data from utilities, local units, and state agencies; or
(ii) field data;
(B) compiling and organizing the data collected; and
(C) subject to subsection (g), making the data available in an
electronic format specified by the authority on an Internet web
site a website maintained by:
(i) the authority; or
(ii) the program.
(3) Providing training and technical assistance to utilities by:
(A) offering, participating in, or sponsoring statewide or local
conferences and workshops on topics related to the design,
construction, operation, maintenance, and administration of
utilities' infrastructure and systems; and
(B) making available or providing information on professional
development opportunities for Indiana's drinking water,
wastewater, and storm water utility industry workforces.
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(f) Subject to subsection (g), not later than July 1, 2023, the
authority shall make information concerning all:
(1) utility asset management programs; and
(2) utility asset lifecycle management costs;
submitted to or reviewed by the authority under this article available in
an electronic format specified by the authority on an Internet web site
a website maintained by the authority or the program.
(g) In carrying out the duties set forth in subsections (e)(2) and (f),
the authority and, if applicable, the program shall use any data the
authority or the program acquires in a manner that:
(1) protects the confidential information of individual utilities and
customers; and
(2) is consistent with IC 5-14-3-4.
SECTION 34. IC 5-2-1-12.5, AS AMENDED BY P.L.12-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12.5. (a) The board may revoke, suspend, modify,
or restrict a diploma, certificate, or document showing compliance and
qualification issued by the board, or any authority to act as a law
enforcement officer in the state, for any of the following reasons:
(1) The officer has been convicted of:
(A) a felony; or
(B) a misdemeanor that would cause a reasonable person to
believe that the officer:
(i) is dangerous or violent; or
(ii) has a demonstrated propensity to violate the law.
(2) The officer has been found not guilty of a felony by reason of
mental disease or defect.
(3) The officer's diploma, certificate, or document showing
compliance and qualification issued by the board, or by another
person, was issued in error or was issued on the basis of
information later determined to be false.
(4) The officer has engaged in conduct that would be a criminal
offense described in subdivision (1)(A) through (1)(B), even if the
officer was not charged with the criminal offense.
(b) If, after affording the law enforcement officer all due process
rights, the chief executive officer or the hiring or appointing authority
disciplines a law enforcement officer for a violation described in
subsection (a), the chief executive officer or hiring or appointing
authority shall report the discipline to the executive director to
determine whether proceedings under this section are warranted. The
chief executive officer or the hiring or appointing authority shall report
the discipline within thirty (30) days of the imposition of the discipline.
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(c) If a law enforcement officer resigns or retires from the
department or agency before a finding and order has been issued
concerning a violation of subsection (a), the chief executive officer or
the hiring or appointing authority shall report the resignation to the
executive director to determine whether proceedings under this section
are warranted. A report under this subsection must be made within
thirty (30) days of the resignation or retirement of the law enforcement
officer.
(d) A person who knows of cause for the revocation of an officer's
diploma, certificate, or document showing compliance and
qualification shall inform the officer's hiring or appointing authority or
the executive director. A person who makes a good faith report of
cause for revocation of an officer's diploma, certificate, or document
showing compliance and qualification is immune from civil liability.
(e) If the chief executive officer or hiring or appointing authority
receives a report of cause for revocation concerning an officer within
the chief executive officer's agency, the chief executive officer shall:
(1) cause the internal affairs division (or a similar unit) of the
agency to investigate the report without unnecessary delay; or
(2) request that the investigation be conducted by a law
enforcement agency other than the law enforcement agency to
which the subject of the investigation belongs.
The chief executive officer or hiring or appointing authority shall report
any finding and order for discipline for a cause described in subsection
(a) to the executive director.
(f) If a hiring or appointing authority receives a report of cause for
revocation concerning the chief executive officer, the hiring or
appointing authority shall cause an appropriate investigative agency to
investigate without unnecessary delay.
(g) If the executive director receives a report or otherwise learns of
cause for revocation concerning a law enforcement officer or chief
executive officer, the board shall consider the report and direct the
subject officer's chief executive officer or hiring or appointing authority
to conduct an investigation. The chief executive officer or hiring or
appointing authority shall cause an investigation to be conducted by an
appropriate investigative agency without unnecessary delay.
(h) When a chief executive officer or hiring or appointing authority
completes an investigation of cause for revocation, the chief executive
officer or hiring or appointing authority shall forward a complete report
of its investigation, findings, and recommendations, if any, to the
executive director. The chief executive officer or hiring or appointing
authority shall also forward to the executive director a description of
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any administrative or disciplinary action taken as a result of the
investigation not later than sixty (60) days after the chief executive
officer or hiring or appointing authority takes administrative or
disciplinary action.
(i) Upon receipt of a final report of an investigation under this
section, the executive director shall review and make recommendations
to the board. If the recommendation is to revoke or suspend the law
enforcement officer's authority to act as a law enforcement officer, then
all of the following apply:
(1) The executive director shall cause written charges to be
prepared and served upon the law enforcement officer by personal
service, certified mail, or other delivery service for which a
receipt for delivery is generated.
(2) The law enforcement officer may:
(A) voluntarily relinquish the officer's diploma, certificate, or
document showing compliance and qualification issued by the
board, or any authority to act as a law enforcement officer, by
completing, before a notary public, a relinquishment form
provided by the board; or
(B) demand an evidentiary hearing on the allegations.
(3) The:
(A) law enforcement officer has the right to be represented by
an attorney at the sole expense of the law enforcement officer;
and
(B) board may be represented by the general counsel for the
Indiana law enforcement academy (or a designee), the attorney
general, or a private attorney.
All attorneys shall file an appearance with the board.
(4) If the law enforcement officer demands an evidentiary
hearing, the board chairperson shall appoint a subcommittee to
conduct the evidentiary hearing. The subcommittee shall be
composed of three (3) law enforcement officers who are members
of the board and two (2) members of the board who are not
currently law enforcement officers. The subcommittee shall
provide findings of fact and conclusions of law, and the board
shall render the final decision and impose the revocation or
suspension, if warranted.
(5) Not later than ten (10) days after its appointment, the
subcommittee shall conduct a prehearing conference with the
parties. The prehearing conference may be conducted
electronically if every party may fully participate. The prehearing
conference shall address:
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(A) the narrowing of issues and defenses;
(B) discovery matters;
(C) stipulations that may be reached;
(D) names and subject matter of all witnesses;
(E) whether summary judgment may be requested;
(F) the need for legal briefs on any issue;
(G) the date, time, location, and probable length of the
evidentiary hearing; and
(H) any other pertinent issues.
The subcommittee shall issue an order summarizing the
proceedings and its ruling on the issues.
(6) Each party is entitled to engage in reasonable discovery as
approved by the subcommittee and consistent with the Indiana
Rules of Trial Procedure.
(7) The evidentiary hearing shall permit opening statements by
each party, direct and cross-examination of witnesses,
introduction of evidence, and closing arguments.
(8) The evidentiary hearing shall be recorded.
(9) The subcommittee may request each party to submit proposed
findings of fact and conclusions of law, and shall render a
determination of the issues not later than thirty (30) days from
receipt of the last submission of proposed findings of fact and
conclusions of law.
(j) When the subcommittee makes its findings of fact and
conclusions of law, it shall serve a copy on the law enforcement officer
by personal service, certified mail, or other delivery service for which
a receipt for delivery is generated, and shall further notify the law
enforcement officer of the date, time, and location of the board
meeting. At the meeting the board shall determine whether to accept
the recommendation of the subcommittee.
(k) A law enforcement officer may seek judicial review of an
adverse determination of the board under IC 4-21.5-5.
(l) The fact that the law enforcement officer:
(1) has been disciplined; or
(2) may be disciplined;
by the hiring or appointing authority for the same conduct is not a bar
to any action by the board under this section.
(m) The board shall include the name of any law enforcement
officer who has been decertified on the Internet web site website of the
Indiana law enforcement academy, and shall transmit the officer's name
for inclusion on the decertification index maintained by the
International Association of Directors of Law Enforcement Standards
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and Training.
(n) A law enforcement officer who has been decertified may apply
to the board for reinstatement. The application for reinstatement must:
(1) be in writing and signed by the law enforcement officer
subject to the penalties for perjury; and
(2) demonstrate that reinstatement is appropriate, that the
applicant poses no danger to the public, and that the applicant can
perform as a law enforcement officer according to the board's
standards.
By filing a petition for reinstatement the applicant agrees to submit to
any investigation, testing, analysis, or other procedure or protocol
determined by the board or the executive director. The board may
direct the executive director to investigate the application for
reinstatement and make a recommendation to the board. The executive
director shall review the application for reinstatement and all
supporting evidence, including expunged criminal convictions, and
shall make a recommendation to the board. The board shall consider
the application and recommendation of the executive director and shall
notify the applicant of its determination in person or by certified mail
or other delivery service for which a receipt for delivery is generated.
(o) The board shall adopt rules under IC 4-22-2 to implement this
section.
SECTION 35. IC 5-2-6-4, AS AMENDED BY P.L.42-2024,
SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) The board of trustees is composed of:
(1) the governor, or the governor's designee, who shall act as
chairman;
(2) the attorney general, or the attorney general's designee;
(3) the superintendent of state police, or the superintendent's
designee;
(4) the commissioner of the department of correction, or the
commissioner's designee;
(5) the executive director of the prosecuting attorneys council of
Indiana;
(6) the chief administrative officer of the office of judicial
administration;
(7) the executive director of the public defenders defender
council of Indiana;
(8) the state public defender; and
(9) eight (8) persons who are appointed by and who serve at the
pleasure of the governor, including:
(A) one (1) sheriff;
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(B) one (1) chief of police;
(C) one (1) judge of a court with both juvenile jurisdiction and
general criminal jurisdiction; and
(D) five (5) citizens who have manifested an interest in
criminal or juvenile justice, one (1) of whom shall be a
member of the state advisory group under the Juvenile Justice
Act.
(b) The president pro tempore of the senate, or a senator appointed
by the president pro tempore, and the speaker of the house of
representatives, or a representative appointed by the speaker, may serve
as nonvoting advisors advisers to the trustees. A trustee advisor
adviser appointed under this subsection serves at the pleasure of the
appointing authority. A member of the general assembly serving under
this subsection serves a term of two (2) years. The term expires June 30
of each odd-numbered year.
(c) A trustee appointed by the governor serves at the pleasure of the
governor. The terms of the trustees appointed by the governor are four
(4) years in length and expire as follows:
(1) For a trustee described in subsection (a)(9)(A) through
(a)(9)(C), December 31, 2025, and each fourth year thereafter.
(2) For a trustee described in subsection (a)(9)(D), December 31,
2027, and each fourth year thereafter.
(d) Membership on the board of trustees does not constitute holding
a public office.
(e) The appropriate appointing authority shall fill a vacancy on the
board of trustees. A trustee appointed to fill a vacancy serves for the
remainder of the term of the trustee's predecessor.
SECTION 36. IC 5-2-6-24, AS AMENDED BY P.L.126-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 24. (a) As used in this section, "criminal code
reform" refers to statutory provisions relating to criminal law enacted
by P.L.158-2013 and HEA 1006-2014.
(b) (a) The institute shall monitor and evaluate the status of
Indiana's criminal justice system as described in this section.
(c) (b) The institute shall annually gather data and analyze the status
of the criminal justice system in Indiana, including the impact of
current trends on:
(1) local units of government;
(2) the department of correction; and
(3) the office of judicial administration.
(d) (c) The institute shall prepare an annual report, in conjunction
with the justice reinvestment advisory council (established by
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IC 33-38-9.5-2), containing the results of its analysis before January 1
of each year. The report shall be provided to the governor, the chief
justice, and the legislative council. The report provided to the
legislative council must be in an electronic format under IC 5-14-6.
(e) (d) The report required under this section must:
(1) include an analysis of:
(A) county jail populations;
(B) community corrections agencies;
(C) probation departments;
(D) courts;
(E) recidivism rates;
(F) reentry court programs; and
(G) data relevant to the availability and effectiveness of mental
health and addiction programs for persons who are in the
criminal justice system;
(2) track the number of requests for sentence modification that are
set for hearing by the court, including the relief granted by the
court, if any;
(3) track, by age and offense, the number of juveniles under the
jurisdiction of an adult court due to:
(A) lack of jurisdiction under IC 31-30-1-4; or
(B) waiver of jurisdiction under IC 31-30-3-2 through
IC 31-30-3-6;
(4) track the number of juveniles under the jurisdiction of adult
court due to a juvenile court not having jurisdiction of the cases
in accordance with IC 31-30-1-4, by:
(A) age;
(B) sex;
(C) race;
(D) county of prosecution;
(E) offenses charged;
(F) convictions received; and
(G) sentences received; and
(5) track the number of waivers of juvenile court jurisdiction
granted under IC 31-30-3-2 through IC 31-30-3-6 by:
(A) age;
(B) sex;
(C) race;
(D) charges filed in juvenile court in which a waiver was
sought;
(E) charges filed in adult court following the waiver of
juvenile court jurisdiction;
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(F) county of prosecution;
(G) convictions received; and
(H) sentences received.
(f) (e) All local units of government and local elected officials,
including sheriffs, prosecuting attorneys, judges, and county fiscal
bodies, shall cooperate with the institute by providing data as requested
by the institute.
(g) (f) State agencies, including the department of correction, the
Indiana prosecuting attorneys council of Indiana, the Indiana public
defender council of Indiana, the office of judicial administration, and
the division of mental health and addiction, shall assist the institute by
providing requested data in a timely manner.
(h) (g) Based on their analysis, the institute and the justice
reinvestment advisory council shall include recommendations to
improve the criminal justice system in Indiana, with particular
emphasis being placed on recommendations that relate to sentencing
policies and reform.
(i) (h) The institute and the justice reinvestment advisory council
shall include research data relevant to their analysis and
recommendations in the report.
(j) (i) The institute shall:
(1) make the data collected under subsection (e)(4) (d)(4) and
(e)(5) (d)(5) available to the public in an annual report, by fiscal
year, due by October 30 of each year;
(2) post the annual report required by subdivision (1) on the
institute's website; and
(3) provide a copy of the annual report required by subdivision (1)
to the commission on improving the status of children in Indiana
established by IC 2-5-36-3.
SECTION 37. IC 5-2-6.1-10, AS AMENDED BY P.L.130-2018,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. The division shall do the following:
(1) Maintain an office and staff in Indianapolis.
(2) Prescribe forms for processing applications for assistance.
(3) Determine claims for assistance filed under this chapter and
investigate or reopen cases as necessary.
(4) Prepare and post on the division's Internet web site website a
report of the division's activities on a monthly, quarterly, and
annual basis.
SECTION 38. IC 5-2-6.1-16, AS AMENDED BY P.L.20-2024,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 16. (a) A person eligible for assistance under
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section 12 of this chapter may file an application for assistance with the
division.
(b) Except as provided in subsections (e) and (f), the application
must be received by the division not more than one hundred eighty
(180) days after the date the crime was committed. The division may
grant an extension of time for good cause shown by the claimant.
However, and except as provided in subsections (e) and (f), the
division may not accept an application that is received more than two
(2) years after the date the crime was committed.
(c) The application must be filed in the office of the division in
person, through the division's Internet web site, website, or by first
class or certified mail. If requested, the division shall assist a victim in
preparing the application.
(d) The division shall accept all applications filed in compliance
with this chapter. Upon receipt of a complete application, the division
shall promptly begin the investigation and processing of an application.
(e) An alleged victim of a child sex crime may submit an application
to the division until the victim becomes thirty-one (31) years of age or
in accordance with subsection (f).
(f) An alleged victim of a child sex crime described in
IC 35-41-4-2(e) which meets the requirements of IC 35-41-4-2(p) may
submit an application to the division not later than five (5) years after
the earliest of the date on which:
(1) the state first discovers evidence sufficient to charge the
offender with the offense through DNA (deoxyribonucleic acid)
analysis;
(2) the state first becomes aware of the existence of a recording
(as defined in IC 35-31.5-2-273) that provides evidence sufficient
to charge the offender with the offense; or
(3) a person confesses to the offense.
(g) An alleged victim of a battery offense included in IC 35-42-2
upon a child less than fourteen (14) years of age may submit an
application to the division not later than five (5) years after the
commission of the offense.
SECTION 39. IC 5-2-25-9, AS ADDED BY P.L.14-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. Each member of the council commission who
is a member of the general assembly is entitled to receive the same per
diem, mileage, and travel allowances paid to legislative members of
interim study committees established by the legislative council. Per
diem, mileage, and travel allowances paid under this section shall be
paid from appropriations made to the legislative council or the
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legislative services agency.
SECTION 40. IC 5-3-1-1.6, AS ADDED BY P.L.146-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.6. (a) This section applies to a notice published
by a political subdivision in a newspaper or locality newspaper under
section 4 of this chapter.
(b) This subsection applies if a newspaper or locality newspaper
publishes:
(1) a print edition not more than three (3) times a week; and
(2) an electronic edition.
A notice may be published in either the print edition or the electronic
edition.
(c) This subsection applies if a newspaper or locality newspaper:
(1) publishes a print edition not more than two (2) times a week;
and
(2) does not publish an electronic edition.
A notice may be published in either the print edition or on the website
of the newspaper or locality newspaper. If the newspaper or locality
newspaper does not maintain a website, a notice may be published in
either the print edition or on the political subdivision's official website
(as defined in IC 5-3-5-2) in accordance with IC 5-3-5.
(d) A newspaper or locality newspaper may not:
(1) charge a person a fee for viewing or searching the website or
electronic edition for public notices; or
(2) require a person to register on the newspaper newspaper's or
locality newspaper's website in order to view or search for public
notices on the website.
(e) The basic charge for publication of a notice in an electronic
edition shall be the same as the basic charge for publication of the
notice in the print edition in accordance with section 1 of this chapter.
SECTION 41. IC 5-3-5-1, AS ADDED BY P.L.152-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. This chapter applies to a political subdivision
that:
(1) has an official web site; website; and
(2) is authorized under IC 5-3-1-2 or another statute to publish a
notice on the political subdivision's Internet web site website in
accordance with this chapter.
SECTION 42. IC 5-3-5-2, AS ADDED BY P.L.152-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. As used in this chapter, "official web site"
website" means the Internet location designated by a political
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subdivision as its primary source of information about the political
subdivision on the Internet.
SECTION 43. IC 5-3-5-4, AS ADDED BY P.L.152-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) A political subdivision that is required by
statute to publish notice in a newspaper two (2) or more times may
make:
(1) the first publication of a notice in a newspaper or newspapers
as required under IC 5-3-1-4 or the applicable statute; and
(2) if the political subdivision maintains an official web site,
website, all subsequent publications of the notice only on the
official web site website of the political subdivision.
(b) If a political subdivision is required to publish a notice two (2)
or more times in at least two (2) newspapers more or less
contemporaneously, the first publication of the notice includes the first
publication of the notice in both newspapers.
SECTION 44. IC 5-3-5-5, AS ADDED BY P.L.152-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. The notice must:
(1) be in a location on the official web site website where the
notice is easily accessible and identifiable; and
(2) remain on the official web site website not less than seven (7)
days after the last posting date required by law has expired.
SECTION 45. IC 5-3-5-6, AS ADDED BY P.L.152-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) The political subdivision or county, or a
contractor that contracts with the political subdivision or county to
administer the official web site, website, shall:
(1) create a printed copy of any notice posted on the official web
site website in a format that includes the date of publication on
the first day that the legal notice is published on the official web
site; website; and
(2) maintain a printed copy of any notice for archival and
verification purposes.
(b) A proof of publication that complies with section 7 of this
chapter must be furnished upon request. The proof of publication must
state that the notice was posted from the initial date through the last
posting date required by law.
SECTION 46. IC 5-3-5-8, AS ADDED BY P.L.152-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. The political subdivision shall:
(1) designate an official of the political subdivision to be
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responsible for electronic publications; and
(2) post the official's name and contact information on the official
web site. website.
SECTION 47. IC 5-4-1-5.1, AS AMENDED BY P.L.188-2016,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5.1. (a) "Political subdivision" as used in this
section has the meaning set forth in IC 36-1-2-13 and excludes any
department or agency of the state.
(b) Every elected or appointed officer, official, deputy, employee,
or contractor of a political subdivision who is required by section 18 of
this chapter to file an official bond for the faithful performance of duty,
except the county recorder and deputies and employees of the recorder,
shall file the bond with the fiscal officer of the political subdivision and
in the office of the county recorder in the county of office or
employment of the officer, official, deputy, employee, or contractor.
The county recorder and deputies and employees of the recorder shall
file their bonds with the county auditor and in the office of the clerk of
the circuit court.
(c) The bonds described in subsection (b) shall be filed within ten
(10) days of their issuance or, if approval is required, within ten (10)
days after their approval by the person required to approve the bonds.
The recorder shall record all of the bonds filed under this section,
indexing them alphabetically under the name of the principal and
referring to the title, office, and page number where recorded. The
bonds shall be kept in a safe and convenient place in the recorder's
office with a reference to the date filed and record and page where
recorded.
(d) Every county officer who is required to give bond shall have a
copy of the oath of office recorded with the bond.
(e) The fiscal officer of a political subdivision with whom an official
bond is filed under subsection (b) shall file a copy of the bond with the
state board of accounts:
(1) contemporaneously with the filing of the political
subdivision's annual financial report required under
IC 5-11-1-4(a); and
(2) electronically in the manner prescribed under IC 5-14-3.8-7.
(f) The state board of accounts shall maintain a data base of bonds
received under this section and make the data base available to the
public on the state board of accounts Internet web site. website. To the
extent practicable, the data base must include a list that specifies:
(1) every individual who is required by section 18 of this chapter
to file; and
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(2) whether each individual specified under subdivision (1) has
obtained and filed;
an official bond for the faithful performance of duty.
SECTION 48. IC 5-10-8-17, AS ADDED BY P.L.19-2016,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 17. (a) As used in this section, "covered
individual" means an individual entitled to coverage under a state
employee health plan.
(b) As used in this section, "preceding prescription drug" means a
prescription drug that, according to a step therapy protocol, must be:
(1) first used to treat a covered individual's condition; and
(2) as a result of the treatment under subdivision (1), determined
to be inappropriate to treat the covered individual's condition;
as a condition of coverage under a state employee health plan for
succeeding treatment with another prescription drug.
(c) As used in this section, "protocol exception" means a
determination by a state employee health plan that, based on a review
of a request for the determination and any supporting documentation:
(1) a step therapy protocol is not medically appropriate for
treatment of a particular covered individual's condition; and
(2) the state employee health plan will:
(A) not require the covered individual's use of a preceding
prescription drug under the step therapy protocol; and
(B) provide immediate coverage for another prescription drug
that is prescribed for the covered individual.
(d) As used in this section, "state employee health plan" refers to the
following that provide coverage for prescription drugs:
(1) A self-insurance program established under section 7(b) of
this chapter.
(2) A contract with a prepaid health care delivery plan that is
entered into or renewed under section 7(c) of this chapter.
The term includes a person that administers prescription drug benefits
on behalf of a state employee health plan.
(e) As used in this section, "step therapy protocol" means a protocol
that specifies, as a condition of coverage under a state employee health
plan, the order in which certain prescription drugs must be used to treat
a covered individual's condition.
(f) As used in this section, "urgent care situation" means a covered
individual's injury or condition about which the following apply:
(1) If medical care or treatment is not provided earlier than the
time frame generally considered by the medical profession to be
reasonable for a nonurgent situation, the injury or condition could
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seriously jeopardize the covered individual's:
(A) life or health; or
(B) ability to regain maximum function;
based on a prudent layperson's judgment.
(2) If medical care or treatment is not provided earlier than the
time frame generally considered by the medical profession to be
reasonable for a nonurgent situation, the injury or condition could
subject the covered individual to severe pain that cannot be
adequately managed, based on the covered individual's treating
health care provider's judgment.
(g) A state employee health plan shall publish on the state employee
health plan's Internet web site, website, and provide to a covered
individual in writing, a procedure for the covered individual's use in
requesting a protocol exception. The procedure must include the
following provisions:
(1) A description of the manner in which a covered individual
may request a protocol exception.
(2) That the state employee health plan shall make a
determination concerning a protocol exception request, or an
appeal of a denial of a protocol exception request, not more than:
(A) in an urgent care situation, one (1) business day after
receiving the request or appeal; or
(B) in a nonurgent care situation, three (3) business days after
receiving the request or appeal.
(3) That a protocol exception will be granted if any of the
following apply:
(A) A preceding prescription drug is contraindicated or will
likely cause an adverse reaction or physical or mental harm to
the covered individual.
(B) A preceding prescription drug is expected to be
ineffective, based on both of the following:
(i) The known clinical characteristics of the covered
individual.
(ii) Known characteristics of the preceding prescription
drug, as found in sound clinical evidence.
(C) The covered individual has previously received:
(i) a preceding prescription drug; or
(ii) another prescription drug that is in the same
pharmacologic class or has the same mechanism of action as
a preceding prescription drug;
and the prescription drug was discontinued due to lack of
efficacy or effectiveness, diminished effect, or an adverse
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event.
(D) Based on clinical appropriateness, a preceding
prescription drug is not in the best interest of the covered
individual because the covered individual's use of the
preceding prescription drug is expected to:
(i) cause a significant barrier to the covered individual's
adherence to or compliance with the covered individual's
plan of care;
(ii) worsen a comorbid condition of the covered individual;
or
(iii) decrease the covered individual's ability to achieve or
maintain reasonable functional ability in performing daily
activities.
(4) That when a protocol exception is granted, the state employee
health plan shall notify the covered individual and the covered
individual's health care provider of the authorization for coverage
of the prescription drug that is the subject of the protocol
exception.
(5) That if:
(A) a protocol exception request; or
(B) an appeal of a denied protocol exception request;
results in a denial of the protocol exception, the state employee
health plan shall provide to the covered individual and the
treating health care provider notice of the denial, including a
detailed, written explanation of the reason for the denial and the
clinical rationale that supports the denial.
(6) That the state employee health plan may request a copy of
relevant documentation from the covered individual's medical
record in support of a protocol exception.
SECTION 49. IC 5-11-5-1.5, AS AMENDED BY P.L.157-2020,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.5. (a) As used in this section, "audited entity"
includes only the following:
(1) A state agency (as defined in IC 4-13-1-1).
(2) A public hospital.
(3) A municipality.
(4) A body corporate and politic.
(5) A state educational institution.
(6) An entity to the extent that the entity is required to be
examined under IC 5-11-1-9 or another law.
(b) If an examination report contains a finding that an audited entity
failed to observe a uniform compliance guideline established under
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IC 5-11-1-24(a) or to comply with a specific law, the audited entity
shall take action to address the audit finding.
(c) If a subsequent examination report of the audited entity contains
a finding that is the same as or substantially similar to the finding
contained in the previous examination report described in subsection
(b), the public officer of the audited entity shall file a corrective action
plan as a written response to the report under section 1(b) of this
chapter.
(d) The state board of accounts shall create guidelines for use by an
audited entity to establish a corrective action plan described in
subsection (c). The guidelines must include a requirement that the issue
that is the subject of a finding described in subsection (c) must be
corrected not later than six (6) months after the date on which the
corrective action plan is filed.
(e) After the successful completion of a corrective action plan by an
audited entity that was required to file a corrective action plan under
subsection (c), the audited entity shall notify the state board of
accounts. The state board of accounts shall review each corrective
action plan. If a corrective action plan is not implemented or the issue
that is the subject of the finding is not corrected within six (6) months,
the state board of accounts shall prepare a memorandum summarizing:
(1) the examination report finding;
(2) the corrective action plan;
(3) the manner by which the examination report finding was or
was not addressed; and
(4) a recommended course of action.
(f) The state board of accounts shall present to the audit committee
established by IC 2-5-1.1-6.3 a memorandum described in subsection
(e). If the audit committee determines that further action should be
taken, the audit committee may do any of the following:
(1) Request a written statement from the public officer of the
audited entity.
(2) Request the personal attendance of the public officer of the
audited entity at the next audit committee meeting.
(3) Request that the public officer of the audited entity take
corrective action.
(4) Notify the:
(A) office of management and budget (in the case of an
audited entity that is a state agency, a body corporate and
politic, or a state educational institution); or
(B) officer or chief executive officer, legislative body, and
fiscal body of the audited entity and the department of local
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government finance (in the case of any other audited entity);
that the audited entity refused to correct the audited entity's failure
to observe a uniform compliance guideline established under
IC 5-11-1-24(a), or refused to comply with a specific law, with
notice of the recommendation described in subsection (e)(4)
published on the general assembly's Internet web site. website.
(5) Refer the facts drawn from the examination and the actions
taken under this section for investigation and prosecution of a
violation of IC 5-11-1-10 or IC 5-11-1-21 to the:
(A) inspector general, in the case of an audited entity that is a
state agency, a body corporate and politic, or a state
educational institution; or
(B) prosecuting attorney of the county in which a violation of
IC 5-11-1-10 or IC 5-11-1-21 may have been committed, in the
case of any other audited entity;
with notice of the referral published on the general assembly's
Internet web site. website. Notice of a referral described in clause
(B) must be sent to the officer or chief executive officer,
legislative body, and fiscal body of the audited entity.
(6) Recommend that legislation be introduced in the general
assembly to amend any statute under which the audited entity is
found to be noncompliant.
(7) Recommend that the state board of accounts examine the
audited entity within the calendar year following the year in
which the audited entity was required to file a corrective action
plan under subsection (c).
(g) When implementing this section, the state board of accounts
may issue confidential management letters, based on professional
auditing standards, to an audited entity in a situation involving
noncompliance that does not result in the establishment of a corrective
action plan but that must be brought to the attention of the audited
entity's governing body.
SECTION 50. IC 5-13-12-12, AS ADDED BY P.L.115-2010,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. (a) In June and December each year, the board
shall prepare a written report generally summarizing the board's
activities and the status of the public deposit insurance fund for the
previous six (6) months. However, the report may not identify a
particular financial institution notwithstanding the requirements of
IC 5-14-3. The report shall be made available on the board's Internet
web site. website.
(b) The chairperson of the board or the chairperson's designee shall
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present the semiannual report to the budget committee at a public
hearing.
SECTION 51. IC 5-14-1.5-3.6, AS AMENDED BY P.L.124-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3.6. (a) This section applies only to a governing
body of the following:
(1) A charter school.
(2) A public agency of the state, including a body corporate and
politic established as an instrumentality of the state.
(3) An airport authority or a department of aviation under IC 8-22.
(4) A conservancy district under IC 14-33.
(b) A member of a governing body who is not physically present at
a meeting of the governing body may participate in a meeting of the
governing body by electronic communication only if the member uses
a means of communication that permits:
(1) the member;
(2) all other members participating in the meeting;
(3) all members of the public physically present at the place
where the meeting is conducted; and
(4) if the meeting is conducted under a policy adopted under
subsection (g)(7), all members of the public physically present at
a public location at which a member participates by means of
electronic communication;
to simultaneously communicate with each other during the meeting.
(c) The governing body must fulfill both of the following
requirements for a member of the governing body to participate in a
meeting by electronic communication:
(1) This subdivision does not apply to committees appointed by
a board of trustees of a state educational institution, by the
commission for higher education, by the board of the Indiana
economic development corporation, or by the board of directors
of the Indiana secondary market for education loans, as
established, incorporated, and designated under IC 21-16-5-1.
This subdivision does not apply to a governing body if at least
fifty-one percent (51%) of the governing body membership
consists of individuals with a disability (as described in
IC 12-12-8-3.4) or individuals with a significant disability (as
described in IC 12-12-8-3.6), or both. The minimum number of
members who must be physically present at the place where the
meeting is conducted must be the greater of:
(A) two (2) of the members; or
(B) one-third (1/3) of the members.
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(2) All votes of the governing body during the electronic meeting
must be taken by roll call vote.
Nothing in this section affects the public's right under this chapter to
attend a meeting of the governing body at the place where the meeting
is conducted and the minimum number of members is physically
present as provided for in subdivision (1).
(d) Each member of the governing body is required to physically
attend at least one (1) meeting of the governing body annually. This
subsection does not apply to a governing body if at least fifty-one
percent (51%) of the governing body membership consists of
individuals with a disability (as described in IC 12-12-8-3.4) or
individuals with a significant disability (as described in
IC 12-12-8-3.6), or both.
(e) Unless a policy adopted by a governing body under subsection
(g) provides otherwise, a member who participates in a meeting by
electronic communication:
(1) is considered to be present at the meeting;
(2) shall be counted for purposes of establishing a quorum; and
(3) may vote at the meeting.
(f) A governing body may not conduct meetings using a means of
electronic communication until the governing body:
(1) meets all requirements of this chapter; and
(2) by a favorable vote of a majority of the members of the
governing body, adopts a policy under subsection (g) governing
participation in meetings of the governing body by electronic
communication.
(g) A policy adopted by a governing body to govern participation in
the governing body's meetings by electronic communication may do
any of the following:
(1) Require a member to request authorization to participate in a
meeting of the governing body by electronic communication
within a certain number of days before the meeting to allow for
arrangements to be made for the member's participation by
electronic communication.
(2) Subject to subsection (e), limit the number of members who
may participate in any one (1) meeting by electronic
communication.
(3) Limit the total number of meetings that the governing body
may conduct in a calendar year by electronic communication.
(4) Limit the number of meetings in a calendar year in which any
one (1) member of the governing body may participate by
electronic communication.
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(5) Provide that a member who participates in a meeting by
electronic communication may not cast the deciding vote on any
official action. For purposes of this subdivision, a member casts
the deciding vote on an official action if, regardless of the order
in which the votes are cast:
(A) the member votes with the majority; and
(B) the official action is adopted or defeated by one (1) vote.
(6) Require a member participating in a meeting by electronic
communication to confirm in writing the votes cast by the
member during the meeting within a certain number of days after
the date of the meeting.
(7) Provide that in addition to the location where a meeting is
conducted, the public may also attend some or all meetings of the
governing body, excluding executive sessions, at a public place
or public places at which a member is physically present and
participates by electronic communication. If the governing body's
policy includes this provision, a meeting notice must provide the
following information:
(A) The identity of each member who will be physically
present at a public place and participate in the meeting by
electronic communication.
(B) The address and telephone number of each public place
where a member will be physically present and participate by
electronic communication.
(C) Unless the meeting is an executive session, a statement
that a location described in clause (B) will be open and
accessible to the public.
(8) Require at least a quorum of members to be physically present
at the location where the meeting is conducted.
(9) Provide that a member participating by electronic
communication may vote on official action only if, subject to
subsection (e), a specified number of members:
(A) are physically present at the location where the meeting is
conducted; and
(B) concur in the official action.
(10) Establish any other procedures, limitations, or conditions that
govern participation in meetings of the governing body by
electronic communication and are not in conflict with this
chapter.
(h) The policy adopted by the governing body must be posted on the
Internet web site website of the governing body, the charter school, the
airport, the conservancy district, or the public agency.
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(i) Nothing in this section affects a public agency's or charter
school's right to exclude the public from an executive session in which
a member participates by electronic communication.
SECTION 52. IC 5-14-1.5-5, AS AMENDED BY P.L.10-2019,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) Public notice of the date, time, and place of
any meetings, executive sessions, or of any rescheduled or reconvened
meeting, shall be given at least forty-eight (48) hours (excluding
Saturdays, Sundays, and legal holidays) before the meeting. This
requirement does not apply to reconvened meetings (not including
executive sessions) where announcement of the date, time, and place
of the reconvened meeting is made at the original meeting and recorded
in the memoranda and minutes thereof, and there is no change in the
agenda.
(b) Public notice shall be given by the governing body of a public
agency as follows:
(1) The governing body of a public agency shall give public
notice by posting a copy of the notice at the principal office of the
public agency holding the meeting or, if no such office exists, at
the building where the meeting is to be held.
(2) The governing body of a public agency shall give public
notice by delivering notice to all news media which deliver an
annual written request for the notices not later than December 31
for the next succeeding calendar year to the governing body of the
public agency. The governing body shall give notice by one (1) of
the following methods, which shall be determined by the
governing body:
(A) Depositing the notice in the United States mail with
postage prepaid.
(B) Transmitting the notice by electronic mail, if the public
agency has the capacity to transmit electronic mail.
(C) Transmitting the notice by facsimile (fax).
(3) This subdivision applies only to the governing body of a
public agency of a political subdivision described in section
2(a)(2), 2(a)(4), or 2(a)(5) of this chapter that adopts a policy to
provide notice under this subdivision. Notice under this
subdivision is in addition to providing notice under subdivisions
(1) and (2). If the governing body adopts a policy under this
subdivision, the governing body of a public agency shall give
public notice by delivering notice to any person (other than news
media) who delivers to the governing body of the public agency
an annual written request for the notices not later than December
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31 for the next succeeding calendar year. The governing body
shall give notice by one (1) of the following methods, which shall
be determined by the governing body:
(A) Transmitting the notice by electronic mail, if the public
agency has the capacity to send electronic mail.
(B) Publishing the notice on the public agency's Internet web
site website at least forty-eight (48) hours in advance of the
meeting, if the public agency has an Internet web site. a
website.
A court may not declare void any policy, decision, or final action under
section 7 of this chapter based on a failure to give a person notice under
subdivision (3) if the public agency made a good faith effort to comply
with subdivision (3). If a governing body comes into existence after
December 31, it shall comply with this subsection upon receipt of a
written request for notice. In addition, a state agency (as defined in
IC 4-13-1-1) shall provide electronic access to the notice through the
computer gateway administered by the office of technology established
by IC 4-13.1-2-1.
(c) Notice of regular meetings need be given only once each year,
except that an additional notice shall be given where the date, time, or
place of a regular meeting or meetings is changed. This subsection does
not apply to executive sessions.
(d) If a meeting is called to deal with an emergency involving actual
or threatened injury to person or property, or actual or threatened
disruption of the governmental activity under the jurisdiction of the
public agency by any event, then the time requirements of notice under
this section shall not apply, but:
(1) news media which have requested notice of meetings under
subsection (b)(2) must be given the same notice as is given to the
members of the governing body; and
(2) the public must be notified by posting a copy of the notice
according to subsection (b)(1).
(e) This section shall not apply where notice by publication is
required by statute, ordinance, rule, or regulation.
(f) This section shall not apply to the following:
(1) The department of local government finance, the Indiana
board of tax review, or any other governing body which meets in
continuous session, except that this section applies to meetings of
these governing bodies which are required by or held pursuant to
statute, ordinance, rule, or regulation.
(2) The executive of a county or the legislative body of a town if
the meetings are held solely to carry out the administrative
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functions related to the county executive or town legislative
body's executive powers. "Administrative functions" means only
routine activities that are reasonably related to the everyday
internal management of the county or town, including conferring
with, receiving information from, and making recommendations
to staff members and other county or town officials or employees.
"Administrative functions" does not include:
(A) taking final action on public business;
(B) the exercise of legislative powers; or
(C) awarding of or entering into contracts, or any other action
creating an obligation or otherwise binding the county or town.
(g) This section does not apply to the general assembly.
(h) Notice has not been given in accordance with this section if a
governing body of a public agency convenes a meeting at a time so
unreasonably departing from the time stated in its public notice that the
public is misled or substantially deprived of the opportunity to attend,
observe, and record the meeting.
SECTION 53. IC 5-14-3.3-5, AS ADDED BY P.L.269-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. As used in this chapter, "government web site"
website" refers to an Internet web site a website that is established for
a governmental entity.
SECTION 54. IC 5-14-3.3-9, AS ADDED BY P.L.269-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. As used in this chapter, "web site "website
owner" refers to the governmental entity that:
(1) establishes and maintains a government web site; website;
and
(2) is responsible for the content of that site.
SECTION 55. IC 5-14-3.3-13, AS ADDED BY P.L.269-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. A government web site website may disclose
government data only in accordance with IC 4-1-6 and IC 5-14-3.
SECTION 56. IC 5-14-3.3-14, AS ADDED BY P.L.269-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 14. A web site website owner and its officers,
officials, and employees are immune from any civil liability for posting
confidential information if the information was posted in reliance on a
determination made by a data owner about the confidentiality of
information on the government web site. website.
SECTION 57. IC 5-14-3.3-15, AS ADDED BY P.L.269-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2025]: Sec. 15. Except as specifically provided in IC 4-5-10-2,
IC 4-13.1-2-4, IC 5-14-3-3.5, IC 5-14-3-3.6, or another statute, a web
site website owner may not charge a fee for access to the data on the
web site. website.
SECTION 58. IC 5-14-3.3-16, AS ADDED BY P.L.269-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 16. (a) This section applies to a data owner only
if an Indiana statute requires the data owner to submit government data
to a web site website owner.
(b) A web site website owner may require the data owner to submit
the government data in an electronic format on a prescribed form.
(c) A data owner shall include a link on the data owner's Internet
web site website to the Internet web site website of the web site
website owner to which the data owner is required to submit
government data.
SECTION 59. IC 5-14-3.5-11, AS ADDED BY P.L.172-2011,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. Each state agency shall include a link on the
agency's Internet web site website to the Internet web site website
established under this chapter.
SECTION 60. IC 5-14-3.6-3, AS ADDED BY P.L.172-2011,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. The commission shall establish a web site
website where members of the public may view the following:
(1) The audited financial statement of each state educational
institution.
(2) A comparison between the amount appropriated to each state
educational institution and the amount allotted for expenditure by
the state educational institution.
(3) Information concerning the outstanding debt of each state
educational institution, the purposes for which the outstanding
debt was used, and the sources of repayment for the outstanding
debt.
(4) For each state educational institution, all financial and other
reports to a state agency that are public records.
SECTION 61. IC 5-14-3.6-4, AS ADDED BY P.L.172-2011,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. Each state educational institution shall include
a link on the state educational institution's Internet web site website to
the web site website established under this chapter.
SECTION 62. IC 5-14-3.7-3, AS AMENDED BY P.L.213-2018(ss),
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2025]: Sec. 3. (a) The department, working with the office of
technology established by IC 4-13.1-2-1 or another organization that is
part of a state educational institution, the state board of accounts
established by IC 5-11-1-1, the department of local government finance
established under IC 6-1.1-30-1.1, and the office of management and
budget established by IC 4-3-22-3, shall post on the Indiana
transparency Internet web site website a data base that lists
expenditures and fund balances, including expenditures for contracts,
grants, and leases, for public schools. The web site website must be
electronically searchable by the public.
(b) The data base must include for public schools:
(1) the amount, date, payer, and payee of expenditures;
(2) a listing of expenditures specifically identifying those for:
(A) personal services;
(B) other operating expenses or total operating expenses; and
(C) debt service, including lease payments, related to debt;
(3) a listing of fund balances, specifically identifying balances in
funds that are being used for accumulation of money for future
capital needs;
(4) a listing of real and personal property owned by the public
school; and
(5) the report required under IC 6-1.1-33.5-7.
SECTION 63. IC 5-14-3.7-11, AS ADDED BY P.L.172-2011,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. The office of technology established by
IC 4-13.1-2-1 shall work with the department to include a link on the
Internet web site website established under this chapter to the Internet
web site website of each Internet web site website operated by:
(1) the state; or
(2) a public school.
SECTION 64. IC 5-14-3.7-12, AS ADDED BY P.L.172-2011,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. Each public school shall include a link on the
public school's Internet web site website to the Internet web site
website established under this chapter.
SECTION 65. IC 5-14-3.7-13, AS ADDED BY P.L.172-2011,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. The department and the office of technology
shall initially complete the design of the Internet web site website and
establish and post the information required under this chapter for all
public schools.
SECTION 66. IC 5-14-3.8-3, AS AMENDED BY P.L.208-2016,
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SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. The department, working with the office of
technology established by IC 4-13.1-2-1, or another organization that
is part of a state educational institution, the office of management and
budget established by IC 4-3-22-3, and the state board of accounts
established by IC 5-11-1-1, shall post on the Indiana transparency
Internet web site website the following:
(1) The financial reports required by IC 5-11-1-4.
(2) The report on expenditures per capita prepared under
IC 6-1.1-33.5-7.
(3) A listing of the property tax rates certified by the department.
(4) An index of audit reports prepared by the state board of
accounts.
(5) Local development agreement reports prepared under
IC 4-33-23-10 and IC 4-33-23-17.
(6) Information for evaluating the fiscal health of a political
subdivision in the format required by section 8(b) of this chapter.
(7) A listing of expenditures specifically identifying those for:
(A) personal services;
(B) other operating expenses or total operating expenses; and
(C) debt service, including lease payments, related to debt.
(8) A listing of fund balances, specifically identifying balances in
funds that are being used for accumulation of money for future
capital needs.
(9) Any other financial information deemed appropriate by the
department.
SECTION 67. IC 5-14-3.8-8, AS AMENDED BY P.L.244-2017,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) The department shall develop indicators of
fiscal health for evaluating the fiscal health of a political subdivision.
The department may consider including any of the following in the
indicators developed under this subsection:
(1) The cash balance of a political subdivision.
(2) The debt to revenue ratio of a political subdivision.
(3) The condition of a political subdivision's property tax base and
income tax base, if any, as measured by both the assessed value
of the political subdivision and the amount of per capita revenue
generated from the political subdivision's tax bases.
(4) The per capita amount of a political subdivision's general fund
operating revenue or in the case of a school corporation, the
school corporation's education fund and operations fund revenue.
(5) Any trends in the amount of a political subdivision's tax
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revenue.
(6) Whether a political subdivision maintains a structural deficit
or a structural surplus.
(7) The number and size of the tax increment financing districts
designated by a redevelopment commission established by the
political subdivision, if any.
(8) The extent that the political subdivision is affected by tax
increment financing districts.
(9) The extent that the political subdivision's property tax base is
affected by exempt properties.
(10) The political subdivision's bond rating.
(11) The amount of retiree benefits paid by the political
subdivision.
(12) The amount of pension contributions paid on behalf of the
political subdivision's employees.
(13) Any other factor that the department considers relevant to
evaluating the fiscal health of a political subdivision.
(b) The department shall use the indicators developed under
subsection (a) and the associated fiscal data to present the information
for evaluating the fiscal health of a political subdivision on the Indiana
transparency Internet web site. website. The information must be
presented in a manner that:
(1) can be conveniently and easily accessed from a single web
page; and
(2) is commonly known as an Internet dashboard.
The information must be available on the Indiana transparency Internet
web site website in the format required by this subsection before July
1, 2015.
(c) Neither the department of local government finance nor any
other state agency may use the fiscal health indicators developed under
this section to assign a political subdivision a summative grade.
SECTION 68. IC 5-14-3.8-9, AS ADDED BY P.L.257-2019,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. The county auditor of each county shall submit
the certification of tax distribution and settlement to the Indiana
transparency Internet web site website biannually and not later than the
following dates:
(1) For the distribution and settlement to be completed by the
fifty-first day after May 10 of a year under IC 6-1.1-27-1, not later
than July 15 of the same year.
(2) For the distribution and settlement to be completed by the
fifty-first day after November 10 of a year under IC 6-1.1-27-1,
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not later than January 15 of the following year.
SECTION 69. IC 5-14-3.9-4, AS ADDED BY P.L.208-2016,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. This chapter applies only to a political
subdivision that has an Internet web site. a website. This chapter does
not require a political subdivision to establish an Internet web site. a
website.
SECTION 70. IC 5-14-3.9-5, AS ADDED BY P.L.208-2016,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) After July 31, 2017, the department shall
publish an annual summary of each political subdivision on the Indiana
transparency Internet web site website on the dates determined by the
department.
(b) A political subdivision shall prominently display on the main
Internet web page of the political subdivision's Internet web site
website the link provided by the department to the Indiana
transparency Internet web site website established under IC 5-14-3.7.
SECTION 71. IC 5-22-16.5-9, AS ADDED BY P.L.21-2012,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) Not later than July 1, 2012, the department,
using credible information available to the public, shall develop a list
of persons the department determines to be engaged in investment
activities in Iran.
(b) The department may enter into contracts for the development of
the list.
(c) The list must be updated not later than every one hundred eighty
(180) days.
(d) The department shall publish the list on the department's Internet
web site. website.
(e) The department shall make every effort to avoid erroneous
inclusion of a person on the list.
SECTION 72. IC 5-28-17-1, AS AMENDED BY P.L.86-2018,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) The corporation shall do the following to
carry out this chapter:
(1) Contribute to the strengthening of the economy of Indiana by
encouraging the organization and development of new business
enterprises, including technologically oriented enterprises.
(2) Approve and administer loans from the small business
development fund established by IC 5-28-18.
(3) Conduct activities for nontraditional entrepreneurs under
IC 5-28-18.
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(4) Establish and administer the small and minority business
financial assistance program under IC 5-28-20.
(5) Assist small businesses in obtaining state and federal tax
incentives.
(6) Develop and advertise a means to allow for small businesses
and local units of government to report duplicative state reporting
requirements through an Internet a web page maintained on the
corporation's web site. website.
(7) Beginning in 2018, not later than August 31 of each year,
report the information received during the previous twelve (12)
months under subdivision (6) to the house of representatives'
standing committee that is responsible for government reduction.
(8) Operate the Indiana small business development centers.
(9) Maintain, through the small business development centers, a
statewide network of public, private, and educational resources to
inform, among other things, small businesses of the state and
federal programs under which the businesses may obtain financial
assistance or realize reduced costs through programs such as the
small employer health insurance pooling program under
IC 27-8-5-16(8).
(b) The corporation may do the following to carry out this chapter:
(1) Receive money from any source, enter into contracts, and
expend money for any activities appropriate to its purpose.
(2) Do all other things necessary or incidental to carrying out the
corporation's functions under this chapter.
(3) Establish programs to identify entrepreneurs with marketable
ideas and to support the organization and development of new
business enterprises, including technologically oriented
enterprises.
(4) Conduct conferences and seminars to provide entrepreneurs
with access to individuals and organizations with specialized
expertise.
(5) Establish a statewide network of public, private, and
educational resources to assist the organization and development
of new enterprises.
(6) Cooperate with public and private entities, including the
Indiana Small Business Development Center Network and the
federal government marketing program, in exercising the powers
listed in this subsection.
(7) Establish and administer the small and minority business
financial assistance program under IC 5-28-20.
(8) Approve and administer loans from the small business
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development fund established by IC 5-28-18.
(9) Develop and administer programs to support the growth of
small businesses.
(10) Coordinate state funded programs that assist the organization
and development of new enterprises.
SECTION 73. IC 5-28-17-3, AS AMENDED BY P.L.145-2016,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. If the corporation maintains a small business
division described in IC 5-28-5-6.5, the corporation shall provide free
access to the office's services through:
(1) a toll free telephone number; and
(2) an Internet a web page maintained on the corporation's web
site. website.
SECTION 74. IC 5-28-28-5, AS AMENDED BY P.L.145-2016,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The corporation shall:
(1) submit an economic incentives and compliance report to:
(A) the governor; and
(B) the legislative council in an electronic format under
IC 5-14-6; and
(2) publish the report on the corporation's Internet web site;
website;
on the schedule specified in subsection (b).
(b) The corporation shall submit and publish before February 1 of
each year an incentives and compliance report that provides updated
information for active incentive agreements approved and awarded
after January 1, 2005, through the immediately preceding calendar
year.
SECTION 75. IC 6-1.1-4-18.5, AS AMENDED BY P.L.236-2023,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 18.5. (a) A county assessor may not use the
services of a professional appraiser for assessment or reassessment
purposes without a written contract. The contract used must be either
a standard contract developed by the department of local government
finance or a contract that has been specifically approved by the
department. The department shall ensure that the contract:
(1) includes all of the provisions required under section 19.5(b)
of this chapter; and
(2) adequately provides for the creation and transmission of real
property assessment data in the form required by the legislative
services agency and the department.
(b) No contract shall be made with any professional appraiser to act
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as technical advisor adviser in the assessment of property, before the
giving of notice and the receiving of bids from anyone desiring to
furnish this service. Notice of the time and place for receiving bids for
the contract shall be given by publication by one (1) insertion in two
(2) newspapers of general circulation published in the county and
representing each of the two (2) leading political parties in the county.
If only one (1) newspaper is there published, notice in that one (1)
newspaper is sufficient to comply with the requirements of this
subsection. The contract shall be awarded to the lowest and best bidder
who meets all requirements under law for entering a contract to serve
as technical advisor adviser in the assessment of property. However,
any and all bids may be rejected, and new bids may be asked.
(c) The county council of each county shall appropriate the funds
needed to meet the obligations created by a professional appraisal
services contract which is entered into under this chapter.
(d) A county assessor who enters into a contract with a professional
appraiser shall submit a contract to the department through the Indiana
transparency Internet web site website in the manner prescribed by the
department. The county shall upload the contract not later than thirty
(30) days after execution of the contract.
(e) The department may review any contracts uploaded under
subsection (d) to ensure compliance with section 19.5 of this chapter.
SECTION 76. IC 6-1.1-4-25, AS AMENDED BY P.L.174-2022,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 25. (a) Each township assessor and each county
assessor shall keep the assessor's reassessment data and records current
by securing the necessary field data and by making changes in the
assessed value of real property as changes occur in the use of the real
property. The township or county assessor's records shall at all times
show the assessed value of real property in accordance with this
chapter. The township assessor shall ensure that the county assessor
has full access to the assessment records maintained by the township
assessor.
(b) The county assessor shall:
(1) maintain an electronic data file of:
(A) the parcel characteristics and parcel assessments of all
parcels; and
(B) the personal property return characteristics and
assessments by return;
for each township in the county as of each assessment date;
(2) maintain the electronic file in a form that formats the
information in the file with the standard data, field, and record
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coding required and approved by:
(A) the legislative services agency; and
(B) the department of local government finance;
(3) provide electronic access to property record cards on the
official county Internet web site; website; and
(4) before September 1 of each year, transmit the data in the file
with respect to the assessment date of that year to the department
of local government finance.
(c) The appropriate county officer, as designated by the county
executive, shall:
(1) maintain an electronic data file of the geographic information
system characteristics of each parcel for each township in the
county as of each assessment date;
(2) maintain the electronic file in a form that formats the
information in the file with the standard data, field, and record
coding required and approved by the office of technology; and
(3) before September 1 of each year, transmit the data in the file
with respect to the assessment date of that year to the geographic
information office of the office of technology.
(d) An assessor under subsection (b) and an appropriate county
officer under subsection (c) shall do the following:
(1) Transmit the data in a manner that meets the data export and
transmission requirements in a standard format, as prescribed by
the office of technology established by IC 4-13.1-2-1 and
approved by the legislative services agency.
(2) Resubmit the data in the form and manner required under
subsection (b) or (c) upon request of the legislative services
agency, the department of local government finance, or the
geographic information office of the office of technology, as
applicable, if data previously submitted under subsection (b) or
(c) does not comply with the requirements of subsection (b) or (c),
as determined by the legislative services agency, the department
of local government finance, or the geographic information office
of the office of technology, as applicable.
An electronic data file maintained for a particular assessment date may
not be overwritten with data for a subsequent assessment date until a
copy of an electronic data file that preserves the data for the particular
assessment date is archived in the manner prescribed by the office of
technology established by IC 4-13.1-2-1 and approved by the
legislative services agency.
SECTION 77. IC 6-1.1-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) Except as
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provided in section 9 of this chapter, the county auditor may establish
a real property index numbering system in order to list real property for
purposes of the assessment and collection of taxes. The index
numbering system may be used in addition to, or in lieu of, the method
of listing real property otherwise provided by law. The index
numbering system shall describe real property by county, township,
block, and parcel or lot. The numbering system must be approved by
the department of local government finance before it is implemented.
(b) If an index numbering system is implemented in a county, the
county auditor, except as provided in section 9 of this chapter, shall:
(1) establish and maintain cross indexes of the numbers assigned
under the system and the complete legal description of the real
property to which the numbers are related;
(2) assign individual index numbers which shall be carried on the
assessment rolls, tax rolls, and tax statements;
(3) keep the indexes established under this section open for public
inspection; and
(4) furnish all information concerning the index numbering
system to the assessing officers of the county.
(c) An index numbering system established under this section shall
be implemented on a county-wide countywide basis.
SECTION 78. IC 6-1.1-12-17.8, AS AMENDED BY P.L.156-2024,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 17.8. (a) An individual who receives a deduction
provided under section 9, 11, 13, 14, 16, 17.4 (before its expiration), or
37 of this chapter in a particular year and who remains eligible for the
deduction in the following year is not required to file a statement to
apply for the deduction in the following year. However, for purposes
of a deduction under section 37 of this chapter, the county auditor may,
in the county auditor's discretion, terminate the deduction for
assessment dates after January 15, 2012, if the individual does not
comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired January
1, 2015), as determined by the county auditor, before January 1, 2013.
Before the county auditor terminates the deduction because the
taxpayer claiming the deduction did not comply with the requirement
in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1,
2013, the county auditor shall mail notice of the proposed termination
of the deduction to:
(1) the last known address of each person liable for any property
taxes or special assessment, as shown on the tax duplicate or
special assessment records; or
(2) the last known address of the most recent owner shown in the
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transfer book.
(b) An individual who receives a deduction provided under section
9, 11, 13, 14, 16, or 17.4 (before its expiration) of this chapter in a
particular year and who becomes ineligible for the deduction in the
following year shall notify the auditor of the county in which the real
property, mobile home, or manufactured home for which the individual
claims the deduction is located of the individual's ineligibility in the
year in which the individual becomes ineligible. An individual who
becomes ineligible for a deduction under section 37 of this chapter
shall notify the county auditor of the county in which the property is
located in conformity with section 37 of this chapter.
(c) The auditor of each county shall, in a particular year, apply a
deduction provided under section 9, 11, 13, 14, 16, 17.4 (before its
expiration), or 37 of this chapter to each individual who received the
deduction in the preceding year unless the auditor determines that the
individual is no longer eligible for the deduction.
(d) An individual who receives a deduction provided under section
9, 11, 13, 14, 16, 17.4 (before its expiration), or 37 of this chapter for
property that is jointly held with another owner in a particular year and
remains eligible for the deduction in the following year is not required
to file a statement to reapply for the deduction following the removal
of the joint owner if:
(1) the individual is the sole owner of the property following the
death of the individual's spouse; or
(2) the individual is the sole owner of the property following the
death of a joint owner who was not the individual's spouse.
If a county auditor terminates a deduction under section 9 of this
chapter, a deduction under section 37 of this chapter, or a credit under
IC 6-1.1-20.6-8.5 after June 30, 2017, and before May 1, 2019, because
the taxpayer claiming the deduction or credit did not comply with a
requirement added to this subsection by P.L.255-2017 to reapply for
the deduction or credit, the county auditor shall reinstate the deduction
or credit if the taxpayer provides proof that the taxpayer is eligible for
the deduction or credit and is not claiming the deduction or credit for
any other property.
(e) A trust entitled to a deduction under section 9, 11, 13, 14, 16,
17.4 (before its expiration), or 37 of this chapter for real property
owned by the trust and occupied by an individual in accordance with
section 17.9 of this chapter is not required to file a statement to apply
for the deduction, if:
(1) the individual who occupies the real property receives a
deduction provided under section 9, 11, 13, 14, 16, 17.4 (before
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its expiration), or 37 of this chapter in a particular year; and
(2) the trust remains eligible for the deduction in the following
year.
However, for purposes of a deduction under section 37 of this chapter,
the individuals that qualify the trust for a deduction must comply with
the requirement in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015)
before January 1, 2013.
(f) A cooperative housing corporation (as defined in 26 U.S.C. 216)
that is entitled to a deduction under section 37 of this chapter in the
immediately preceding calendar year for a homestead (as defined in
section 37 of this chapter) is not required to file a statement to apply for
the deduction for the current calendar year if the cooperative housing
corporation remains eligible for the deduction for the current calendar
year. However, the county auditor may, in the county auditor's
discretion, terminate the deduction for assessment dates after January
15, 2012, if the individual does not comply with the requirement in
IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015), as determined by the
county auditor, before January 1, 2013. Before the county auditor
terminates a deduction because the taxpayer claiming the deduction did
not comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired
January 1, 2015) before January 1, 2013, the county auditor shall mail
notice of the proposed termination of the deduction to:
(1) the last known address of each person liable for any property
taxes or special assessment, as shown on the tax duplicate or
special assessment records; or
(2) the last known address of the most recent owner shown in the
transfer book.
(g) An individual who:
(1) was eligible for a homestead credit under IC 6-1.1-20.9
(repealed) for property taxes imposed for the March 1, 2007, or
January 15, 2008, assessment date; or
(2) would have been eligible for a homestead credit under
IC 6-1.1-20.9 (repealed) for property taxes imposed for the March
1, 2008, or January 15, 2009, assessment date if IC 6-1.1-20.9 had
not been repealed;
is not required to file a statement to apply for a deduction under section
37 of this chapter if the individual remains eligible for the deduction in
the current year. An individual who filed for a homestead credit under
IC 6-1.1-20.9 (repealed) for an assessment date after March 1, 2007 (if
the property is real property), or after January 1, 2008 (if the property
is personal property), shall be treated as an individual who has filed for
a deduction under section 37 of this chapter. However, the county
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auditor may, in the county auditor's discretion, terminate the deduction
for assessment dates after January 15, 2012, if the individual does not
comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired January
1, 2015), as determined by the county auditor, before January 1, 2013.
Before the county auditor terminates the deduction because the
taxpayer claiming the deduction did not comply with the requirement
in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1,
2013, the county auditor shall mail notice of the proposed termination
of the deduction to the last known address of each person liable for any
property taxes or special assessment, as shown on the tax duplicate or
special assessment records, or to the last known address of the most
recent owner shown in the transfer book.
(h) If a county auditor terminates a deduction because the taxpayer
claiming the deduction did not comply with the requirement in
IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1, 2013,
the county auditor shall reinstate the deduction if the taxpayer provides
proof that the taxpayer is eligible for the deduction and is not claiming
the deduction for any other property.
(i) A taxpayer described in section 37(q) 37(r) of this chapter is not
required to file a statement to apply for the deduction provided by
section 37 of this chapter if the property owned by the taxpayer remains
eligible for the deduction for that calendar year.
SECTION 79. IC 6-1.1-12-37, AS AMENDED BY P.L.156-2024,
SECTION 11, AND AS AMENDED BY P.L.136-2024, SECTION 14,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 37. (a) The following definitions
apply throughout this section:
(1) "Dwelling" means any of the following:
(A) Residential real property improvements that an individual
uses as the individual's residence, limited to a single house and
a single garage, regardless of whether the single garage is
attached to the single house or detached from the single house.
(B) A mobile home that is not assessed as real property that an
individual uses as the individual's residence.
(C) A manufactured home that is not assessed as real property
that an individual uses as the individual's residence.
(2) "Homestead" means an individual's principal place of
residence:
(A) that is located in Indiana;
(B) that:
(i) the individual owns;
(ii) the individual is buying under a contract recorded in the
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county recorder's office, or evidenced by a memorandum of
contract recorded in the county recorder's office under
IC 36-2-11-20, that provides that the individual is to pay the
property taxes on the residence, and that obligates the owner
to convey title to the individual upon completion of all of the
individual's contract obligations;
(iii) the individual is entitled to occupy as a
tenant-stockholder (as defined in 26 U.S.C. 216) of a
cooperative housing corporation (as defined in 26 U.S.C.
216); or
(iv) is a residence described in section 17.9 of this chapter
that is owned by a trust if the individual is an individual
described in section 17.9 of this chapter; and
(C) that consists of a dwelling and includes up to one (1) acre
of land immediately surrounding that dwelling, and any of the
following improvements:
(i) Any number of decks, patios, gazebos, or pools.
(ii) One (1) additional building that is not part of the
dwelling if the building is predominantly used for a
residential purpose and is not used as an investment property
or as a rental property.
(iii) One (1) additional residential yard structure other than
a deck, patio, gazebo, or pool.
Except as provided in subsection (q), (r), the term does not
include property owned by a corporation, partnership, limited
liability company, or other entity not described in this
subdivision.
(b) Each year a homestead is eligible for a standard deduction from
the assessed value of the homestead for an assessment date. Except as
provided in subsection (m), (n), the deduction provided by this section
applies to property taxes first due and payable for an assessment date
only if an individual has an interest in the homestead described in
subsection (a)(2)(B) on:
(1) the assessment date; or
(2) any date in the same year after an assessment date that a
statement is filed under subsection (e) or section 44 of this
chapter, if the property consists of real property.
If more than one (1) individual or entity qualifies property as a
homestead under subsection (a)(2)(B) for an assessment date, only one
(1) standard deduction from the assessed value of the homestead may
be applied for the assessment date. Subject to subsection (c), the
auditor of the county shall record and make the deduction for the
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individual or entity qualifying for the deduction.
(c) Except as provided in section 40.5 of this chapter, the total
amount of the deduction that a person may receive under this section
for a particular year is the lesser of:
(1) sixty percent (60%) of the assessed value of the real property,
mobile home not assessed as real property, or manufactured home
not assessed as real property; or
(2) for assessment dates:
(A) before January 1, 2023, forty-five thousand dollars
($45,000); or
(B) after December 31, 2022, forty-eight thousand dollars
($48,000).
(d) A person who has sold real property, a mobile home not assessed
as real property, or a manufactured home not assessed as real property
to another person under a contract that provides that the contract buyer
is to pay the property taxes on the real property, mobile home, or
manufactured home may not claim the deduction provided under this
section with respect to that real property, mobile home, or
manufactured home.
(e) Except as provided in sections 17.8 and 44 of this chapter and
subject to section 45 of this chapter, an individual who desires to claim
the deduction provided by this section must file a certified statement,
on forms prescribed by the department of local government finance,
with the auditor of the county in which the homestead is located. The
statement must include:
(1) the parcel number or key number of the property and the name
of the city, town, or township in which the property is located;
(2) the name of any other location in which the applicant or the
applicant's spouse owns, is buying, or has a beneficial interest in
residential real property;
(3) the names of:
(A) the applicant and the applicant's spouse (if any):
(i) as the names appear in the records of the United States
Social Security Administration for the purposes of the
issuance of a Social Security card and Social Security
number; or
(ii) that they use as their legal names when they sign their
names on legal documents;
if the applicant is an individual; or
(B) each individual who qualifies property as a homestead
under subsection (a)(2)(B) and the individual's spouse (if any):
(i) as the names appear in the records of the United States
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Social Security Administration for the purposes of the
issuance of a Social Security card and Social Security
number; or
(ii) that they use as their legal names when they sign their
names on legal documents;
if the applicant is not an individual; and
(4) either:
(A) the last five (5) digits of the applicant's Social Security
number and the last five (5) digits of the Social Security
number of the applicant's spouse (if any); or
(B) if the applicant or the applicant's spouse (if any) does not
have a Social Security number, any of the following for that
individual:
(i) The last five (5) digits of the individual's driver's license
number.
(ii) The last five (5) digits of the individual's state
identification card number.
(iii) The last five (5) digits of a preparer tax identification
number that is obtained by the individual through the
Internal Revenue Service of the United States.
(iv) If the individual does not have a driver's license, a state
identification card, or an Internal Revenue Service preparer
tax identification number, the last five (5) digits of a control
number that is on a document issued to the individual by the
United States government.
If a form or statement provided to the county auditor under this section,
IC 6-1.1-22-8.1, or IC 6-1.1-22.5-12 includes the telephone number or
part or all of the Social Security number of a party or other number
described in subdivision (4)(B) of a party, the telephone number and
the Social Security number or other number described in subdivision
(4)(B) included are confidential. The statement may be filed in person
or by mail. If the statement is mailed, the mailing must be postmarked
on or before the last day for filing. The statement applies for that first
year and any succeeding year for which the deduction is allowed. To
obtain the deduction for a desired calendar year in which property
taxes are first due and payable, the statement must be completed and
dated in the immediately preceding calendar year and filed with the
county auditor on or before January 5 of the calendar year in which
the property taxes are first due and payable.
(f) To obtain the deduction for a desired calendar year under this
section in which property taxes are first due and payable, the
individual desiring to claim the deduction must do the following as
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applicable:
(1) Complete, date, and file the certified statement described in
subsection (e) on or before January 15 of the calendar year in
which the property taxes are first due and payable.
(2) Satisfy any recording requirements on or before January 15
of the calendar year in which the property taxes are first due and
payable for a homestead described in subsection (a)(2).
(f) (g) Except as provided in subsection (k), (l), if a person who is
receiving, or seeks to receive, the deduction provided by this section in
the person's name:
(1) changes the use of the individual's property so that part or all
of the property no longer qualifies for the deduction under this
section; or
(2) is not eligible for a deduction under this section because the
person is already receiving:
(A) a deduction under this section in the person's name as an
individual or a spouse; or
(B) a deduction under the law of another state that is
equivalent to the deduction provided by this section;
the person must file a certified statement with the auditor of the county,
notifying the auditor of the person's ineligibility, not more than sixty
(60) days after the date of the change in eligibility. A person who fails
to file the statement required by this subsection may, under
IC 6-1.1-36-17, be liable for any additional taxes that would have been
due on the property if the person had filed the statement as required by
this subsection plus a civil penalty equal to ten percent (10%) of the
additional taxes due. The civil penalty imposed under this subsection
is in addition to any interest and penalties for a delinquent payment that
might otherwise be due. One percent (1%) of the total civil penalty
collected under this subsection shall be transferred by the county to the
department of local government finance for use by the department in
establishing and maintaining the homestead property data base under
subsection (i) (j) and, to the extent there is money remaining, for any
other purposes of the department. This amount becomes part of the
property tax liability for purposes of this article.
(g) (h) The department of local government finance may adopt rules
or guidelines concerning the application for a deduction under this
section.
(h) (i) This subsection does not apply to property in the first year for
which a deduction is claimed under this section if the sole reason that
a deduction is claimed on other property is that the individual or
married couple maintained a principal residence at the other property
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on the assessment date in the same year in which an application for a
deduction is filed under this section or, if the application is for a
homestead that is assessed as personal property, on the assessment date
in the immediately preceding year and the individual or married couple
is moving the individual's or married couple's principal residence to the
property that is the subject of the application. Except as provided in
subsection (k), (l), the county auditor may not grant an individual or a
married couple a deduction under this section if:
(1) the individual or married couple, for the same year, claims the
deduction on two (2) or more different applications for the
deduction; and
(2) the applications claim the deduction for different property.
(i) (j) The department of local government finance shall provide
secure access to county auditors to a homestead property data base that
includes access to the homestead owner's name and the numbers
required from the homestead owner under subsection (e)(4) for the sole
purpose of verifying whether an owner is wrongly claiming a deduction
under this chapter or a credit under IC 6-1.1-20.4, IC 6-1.1-20.6, or
IC 6-3.6-5 (after December 31, 2016). Each county auditor shall submit
data on deductions applicable to the current tax year on or before
March 15 of each year in a manner prescribed by the department of
local government finance.
(j) (k) A county auditor may require an individual to provide
evidence proving that the individual's residence is the individual's
principal place of residence as claimed in the certified statement filed
under subsection (e). The county auditor may limit the evidence that an
individual is required to submit to a state income tax return, a valid
driver's license, or a valid voter registration card showing that the
residence for which the deduction is claimed is the individual's
principal place of residence. The county auditor may not deny an
application filed under section 44 of this chapter because the applicant
does not have a valid driver's license or state identification card with
the address of the homestead property. The department of local
government finance shall work with county auditors to develop
procedures to determine whether a property owner that is claiming a
standard deduction or homestead credit is not eligible for the standard
deduction or homestead credit because the property owner's principal
place of residence is outside Indiana.
(k) (l) A county auditor shall grant an individual a deduction under
this section regardless of whether the individual and the individual's
spouse claim a deduction on two (2) different applications and each
application claims a deduction for different property if the property
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owned by the individual's spouse is located outside Indiana and the
individual files an affidavit with the county auditor containing the
following information:
(1) The names of the county and state in which the individual's
spouse claims a deduction substantially similar to the deduction
allowed by this section.
(2) A statement made under penalty of perjury that the following
are true:
(A) That the individual and the individual's spouse maintain
separate principal places of residence.
(B) That neither the individual nor the individual's spouse has
an ownership interest in the other's principal place of
residence.
(C) That neither the individual nor the individual's spouse has,
for that same year, claimed a standard or substantially similar
deduction for any property other than the property maintained
as a principal place of residence by the respective individuals.
A county auditor may require an individual or an individual's spouse to
provide evidence of the accuracy of the information contained in an
affidavit submitted under this subsection. The evidence required of the
individual or the individual's spouse may include state income tax
returns, excise tax payment information, property tax payment
information, driver driver's license information, and voter registration
information.
(l) (m) If:
(1) a property owner files a statement under subsection (e) to
claim the deduction provided by this section for a particular
property; and
(2) the county auditor receiving the filed statement determines
that the property owner's property is not eligible for the deduction;
the county auditor shall inform the property owner of the county
auditor's determination in writing. If a property owner's property is not
eligible for the deduction because the county auditor has determined
that the property is not the property owner's principal place of
residence, the property owner may appeal the county auditor's
determination as provided in IC 6-1.1-15. The county auditor shall
inform the property owner of the owner's right to appeal when the
county auditor informs the property owner of the county auditor's
determination under this subsection.
(m) (n) An individual is entitled to the deduction under this section
for a homestead for a particular assessment date if:
(1) either:
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(A) the individual's interest in the homestead as described in
subsection (a)(2)(B) is conveyed to the individual after the
assessment date, but within the calendar year in which the
assessment date occurs; or
(B) the individual contracts to purchase the homestead after
the assessment date, but within the calendar year in which the
assessment date occurs;
(2) on the assessment date:
(A) the property on which the homestead is currently located
was vacant land; or
(B) the construction of the dwelling that constitutes the
homestead was not completed; and
(3) either:
(A) the individual files the certified statement required by
subsection (e); or
(B) a sales disclosure form that meets the requirements of
section 44 of this chapter is submitted to the county assessor
on or before December 31 of the calendar year for the
individual's purchase of the homestead.
An individual who satisfies the requirements of subdivisions (1)
through (3) is entitled to the deduction under this section for the
homestead for the assessment date, even if on the assessment date the
property on which the homestead is currently located was vacant land
or the construction of the dwelling that constitutes the homestead was
not completed. The county auditor shall apply the deduction for the
assessment date and for the assessment date in any later year in which
the homestead remains eligible for the deduction. A homestead that
qualifies for the deduction under this section as provided in this
subsection is considered a homestead for purposes of section 37.5 of
this chapter and IC 6-1.1-20.6.
(n) (o) This subsection applies to an application for the deduction
provided by this section that is filed for an assessment date occurring
after December 31, 2013. Notwithstanding any other provision of this
section, an individual buying a mobile home that is not assessed as real
property or a manufactured home that is not assessed as real property
under a contract providing that the individual is to pay the property
taxes on the mobile home or manufactured home is not entitled to the
deduction provided by this section unless the parties to the contract
comply with IC 9-17-6-17.
(o) (p) This subsection:
(1) applies to an application for the deduction provided by this
section that is filed for an assessment date occurring after
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December 31, 2013; and
(2) does not apply to an individual described in subsection (n).
(o).
The owner of a mobile home that is not assessed as real property or a
manufactured home that is not assessed as real property must attach a
copy of the owner's title to the mobile home or manufactured home to
the application for the deduction provided by this section.
(p) (q) For assessment dates after 2013, the term "homestead"
includes property that is owned by an individual who:
(1) is serving on active duty in any branch of the armed forces of
the United States;
(2) was ordered to transfer to a location outside Indiana; and
(3) was otherwise eligible, without regard to this subsection, for
the deduction under this section for the property for the
assessment date immediately preceding the transfer date specified
in the order described in subdivision (2).
For property to qualify under this subsection for the deduction provided
by this section, the individual described in subdivisions (1) through (3)
must submit to the county auditor a copy of the individual's transfer
orders or other information sufficient to show that the individual was
ordered to transfer to a location outside Indiana. The property continues
to qualify for the deduction provided by this section until the individual
ceases to be on active duty, the property is sold, or the individual's
ownership interest is otherwise terminated, whichever occurs first.
Notwithstanding subsection (a)(2), the property remains a homestead
regardless of whether the property continues to be the individual's
principal place of residence after the individual transfers to a location
outside Indiana. The property continues to qualify as a homestead
under this subsection if the property is leased while the individual is
away from Indiana and is serving on active duty, if the individual has
lived at the property at any time during the past ten (10) years.
Otherwise, the property ceases to qualify as a homestead under this
subsection if the property is leased while the individual is away from
Indiana. Property that qualifies as a homestead under this subsection
shall also be construed as a homestead for purposes of section 37.5 of
this chapter.
(q) (r) As used in this section, "homestead" includes property that
satisfies each of the following requirements:
(1) The property is located in Indiana and consists of a dwelling
and includes up to one (1) acre of land immediately surrounding
that dwelling, and any of the following improvements:
(A) Any number of decks, patios, gazebos, or pools.
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(B) One (1) additional building that is not part of the dwelling
if the building is predominately used for a residential purpose
and is not used as an investment property or as a rental
property.
(C) One (1) additional residential yard structure other than a
deck, patio, gazebo, or pool.
(2) The property is the principal place of residence of an
individual.
(3) The property is owned by an entity that is not described in
subsection (a)(2)(B).
(4) The individual residing on the property is a shareholder,
partner, or member of the entity that owns the property.
(5) The property was eligible for the standard deduction under
this section on March 1, 2009.
SECTION 80. IC 6-1.1-20-3.6, AS AMENDED BY P.L.136-2024,
SECTION 25, AND AS AMENDED BY P.L.156-2024, SECTION 17,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3.6. (a) Except as provided in
sections 3.7 and 3.8 of this chapter, this section applies only to a
controlled project described in section 3.5(a) of this chapter.
(b) In the case of a controlled project:
(1) described in section 3.5(a)(1)(A) through 3.5(a)(1)(C) of this
chapter, if a sufficient petition requesting the application of the
local public question process has been filed as set forth in section
3.5 of this chapter; or
(2) described in section 3.5(a)(1)(D) 3.5(a)(1)(E) of this chapter
(before its expiration);
a political subdivision may not impose property taxes to pay debt
service on bonds or lease rentals on a lease for a controlled project
unless the political subdivision's proposed debt service or lease rental
is approved in an election on a local public question held under this
section.
(c) Except as provided in subsection (k), the following question
shall be submitted to the eligible voters at the election conducted under
this section:
"Shall ________ (insert the name of the political subdivision)
increase property taxes paid to the _______ (insert the type of
taxing unit) by homeowners and businesses? If this public
question is approved by the voters, the average property tax paid
to the _______ (insert the type of taxing unit) per year on a
residence would increase by ______% (insert the estimated
average percentage of property tax increase paid to the political
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subdivision on a residence within the political subdivision as
determined under subsection (n)) and the average property tax
paid to the _____ (insert the type of taxing unit) per year on a
business property would increase by ______% (insert the
estimated average percentage of property tax increase paid to the
political subdivision on a business property within the political
subdivision as determined under subsection (o)). The political
subdivision may issue bonds or enter into a lease to ________
(insert a brief description of the controlled project), which is
estimated to cost _______ (insert the total cost of the project)
over ______ (insert number of years to bond maturity or
termination of lease) years. The most recent property tax
referendum within the boundaries of the political subdivision for
which this public question is being considered was proposed by
________ (insert name of political subdivision) in ______ (insert
year of most recent property tax referendum) and ________
(insert whether the measure passed or failed).".
The public question must appear on the ballot in the form approved by
the county election board. If the political subdivision proposing to issue
bonds or enter into a lease is located in more than one (1) county, the
county election board of each county shall jointly approve the form of
the public question that will appear on the ballot in each county. The
form approved by the county election board may differ from the
language certified to the county election board by the county auditor.
If the county election board approves the language of a public question
under this subsection, the county election board shall submit the
language and the certification of the county auditor described in
subsection (p) to the department of local government finance for
review.
(d) The department of local government finance shall review the
language of the public question to evaluate whether the description of
the controlled project is accurate and is not biased against either a vote
in favor of the controlled project or a vote against the controlled
project. The department of local government finance shall post the
estimated average percentage of property tax increases to be paid to a
political subdivision on a residence and business property that are
certified by the county auditor under subsection (p) on the department's
Internet web site. website. The department of local government finance
may either approve the ballot language as submitted or recommend that
the ballot language be modified as necessary to ensure that the
description of the controlled project is accurate and is not biased. The
department of local government finance shall certify its approval or
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recommendations to the county auditor and the county election board
not more than ten (10) days after both the certification of the county
auditor described in subsection (p) and the language of the public
question is are submitted to the department for review. If the
department of local government finance recommends a modification to
the ballot language, the county election board shall, after reviewing the
recommendations of the department of local government finance,
submit modified ballot language to the department for the department's
approval or recommendation of any additional modifications. The
public question may not be certified by the county auditor under
subsection (e) unless the department of local government finance has
first certified the department's final approval of the ballot language for
the public question.
(e) The county auditor shall certify the finally approved public
question under IC 3-10-9-3 to the county election board of each county
in which the political subdivision is located. The certification must
occur not later than noon:
(1) seventy-four (74) days before a primary election if the public
question is to be placed on the primary or municipal primary
election ballot; or
(2) August 1 if the public question is to be placed on the general
or municipal election ballot.
Subject to the certification requirements and deadlines under this
subsection and except as provided in subsection (j), the public question
shall be placed on the ballot at the next primary election, general
election, or municipal election in which all voters of the political
subdivision are entitled to vote. However, if a primary election, general
election, or municipal election will not be held during the first year in
which the public question is eligible to be placed on the ballot under
this section and if the political subdivision requests the public question
to be placed on the ballot at a special election, the public question shall
be placed on the ballot at a special election to be held on the first
Tuesday after the first Monday in May or November of the year. The
certification must occur not later than noon seventy-four (74) days
before a special election to be held in May (if the special election is to
be held in May) or noon on August 1 (if the special election is to be
held in November). The fiscal body of the political subdivision that
requests the special election shall pay the costs of holding the special
election. The county election board shall give notice under IC 5-3-1 of
a special election conducted under this subsection. A special election
conducted under this subsection is under the direction of the county
election board. The county election board shall take all steps necessary
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to carry out the special election.
(f) The circuit court clerk shall certify the results of the public
question to the following:
(1) The county auditor of each county in which the political
subdivision is located.
(2) The department of local government finance.
(g) Subject to the requirements of IC 6-1.1-18.5-8, the political
subdivision may issue the proposed bonds or enter into the proposed
lease rental if a majority of the eligible voters voting on the public
question vote in favor of the public question.
(h) If a majority of the eligible voters voting on the public question
vote in opposition to the public question, both of the following apply:
(1) The political subdivision may not issue the proposed bonds or
enter into the proposed lease rental.
(2) Another public question under this section on the same or a
substantially similar project may not be submitted to the voters
earlier than:
(A) except as provided in clause (B), seven hundred (700)
days after the date of the public question; or
(B) three hundred fifty (350) days after the date of the election,
if a petition that meets the requirements of subsection (m) is
submitted to the county auditor.
(i) IC 3, to the extent not inconsistent with this section, applies to an
election held under this section.
(j) A political subdivision may not divide a controlled project in
order to avoid the requirements of this section and section 3.5 of this
chapter. A person that owns property within a political subdivision or
a person that is a registered voter residing within a political subdivision
may file a petition with the department of local government finance
objecting that the political subdivision has divided a controlled project
into two (2) or more capital projects in order to avoid the requirements
of this section and section 3.5 of this chapter. The petition must be filed
not more than ten (10) days after the political subdivision gives notice
of the political subdivision's decision under section 3.5 of this chapter
or a determination under section 5 of this chapter to issue bonds or
enter into leases for a capital project that the person believes is the
result of a division of a controlled project that is prohibited by this
subsection. If the department of local government finance receives a
petition under this subsection, the department shall not later than thirty
(30) days after receiving the petition make a final determination on the
issue of whether the political subdivision divided a controlled project
in order to avoid the requirements of this section and section 3.5 of this
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chapter. If the department of local government finance determines that
a political subdivision divided a controlled project in order to avoid the
requirements of this section and section 3.5 of this chapter and the
political subdivision continues to desire to proceed with the project, the
political subdivision may appeal the determination of the department
of local government finance to the Indiana board of tax review. A
political subdivision shall be considered to have divided a capital
project in order to avoid the requirements of this section and section
3.5 of this chapter if the result of one (1) or more of the subprojects
cannot reasonably be considered an independently desirable end in
itself without reference to another capital project. This subsection does
not prohibit a political subdivision from undertaking a series of capital
projects in which the result of each capital project can reasonably be
considered an independently desirable end in itself without reference
to another capital project.
(k) This subsection applies to a political subdivision for which a
petition requesting a public question has been submitted under section
3.5 of this chapter. The legislative body (as defined in IC 36-1-2-9) of
the political subdivision may adopt a resolution to withdraw a
controlled project from consideration in a public question. If the
legislative body provides a certified copy of the resolution to the county
auditor and the county election board not later than sixty-three (63)
days before the election at which the public question would be on the
ballot, the public question on the controlled project shall not be placed
on the ballot and the public question on the controlled project shall not
be held, regardless of whether the county auditor has certified the
public question to the county election board. If the withdrawal of a
public question under this subsection requires the county election
board to reprint ballots, the political subdivision withdrawing the
public question shall pay the costs of reprinting the ballots. If a political
subdivision withdraws a public question under this subsection that
would have been held at a special election and the county election
board has printed the ballots before the legislative body of the political
subdivision provides a certified copy of the withdrawal resolution to
the county auditor and the county election board, the political
subdivision withdrawing the public question shall pay the costs
incurred by the county in printing the ballots. If a public question on a
controlled project is withdrawn under this subsection, a public question
under this section on the same controlled project or a substantially
similar controlled project may not be submitted to the voters earlier
than three hundred fifty (350) days after the date the resolution
withdrawing the public question is adopted.
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(l) If a public question regarding a controlled project is placed on
the ballot to be voted on at an election under this section, the political
subdivision shall submit to the department of local government finance,
at least thirty (30) days before the election, the following information
regarding the proposed controlled project for posting on the
department's Internet web site: website:
(1) The cost per square foot of any buildings being constructed as
part of the controlled project.
(2) The effect that approval of the controlled project would have
on the political subdivision's property tax rate.
(3) The maximum term of the bonds or lease.
(4) The maximum principal amount of the bonds or the maximum
lease rental for the lease.
(5) The estimated interest rates that will be paid and the total
interest costs associated with the bonds or lease.
(6) The purpose of the bonds or lease.
(7) In the case of a controlled project proposed by a school
corporation:
(A) the current and proposed square footage of school building
space per student;
(B) enrollment patterns within the school corporation; and
(C) the age and condition of the current school facilities.
(m) If a majority of the eligible voters voting on the public question
vote in opposition to the public question, a petition may be submitted
to the county auditor to request that the limit under subsection
(h)(2)(B) apply to the holding of a subsequent public question by the
political subdivision. If such a petition is submitted to the county
auditor and is signed by the lesser of:
(1) five hundred (500) persons who are either owners of property
within the political subdivision or registered voters residing
within the political subdivision; or
(2) five percent (5%) of the registered voters residing within the
political subdivision;
the limit under subsection (h)(2)(B) applies to the holding of a second
public question by the political subdivision and the limit under
subsection (h)(2)(A) does not apply to the holding of a second public
question by the political subdivision.
(n) At the request of a political subdivision that proposes to impose
property taxes to pay debt service on bonds or lease rentals on a lease
for a controlled project, the county auditor of a county in which the
political subdivision is located shall determine the estimated average
percentage of property tax increase on a homestead to be paid to the
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political subdivision that must be included in the public question under
subsection (c) as follows:
STEP ONE: Determine the average assessed value of a homestead
located within the political subdivision.
STEP TWO: For purposes of determining the net assessed value
of the average homestead located within the political subdivision,
subtract:
(A) an amount for the homestead standard deduction under
IC 6-1.1-12-37 as if the homestead described in STEP ONE
was eligible for the deduction; and
(B) an amount for the supplemental homestead deduction
under IC 6-1.1-12-37.5 as if the homestead described in STEP
ONE was eligible for the deduction;
from the result of STEP ONE.
STEP THREE: Divide the result of STEP TWO by one hundred
(100).
STEP FOUR: Determine the overall average tax rate per one
hundred dollars ($100) of assessed valuation for the current year
imposed on property located within the political subdivision.
STEP FIVE: For purposes of determining net property tax liability
of the average homestead located within the political subdivision:
(A) multiply the result of STEP THREE by the result of STEP
FOUR; and
(B) as appropriate, apply any currently applicable county
property tax credit rates and the credit for excessive property
taxes under IC 6-1.1-20.6-7.5(a)(1).
STEP SIX: Determine the amount of the political subdivision's
part of the result determined in STEP FIVE.
STEP SEVEN: Determine the estimated tax rate that will be
imposed if the public question is approved by the voters.
STEP EIGHT: Multiply the result of STEP SEVEN by the result
of STEP THREE.
STEP NINE: Divide the result of STEP EIGHT by the result of
STEP SIX, expressed as a percentage.
(o) At the request of a political subdivision that proposes to impose
property taxes to pay debt service on bonds or lease rentals on a lease
for a controlled project, the county auditor of a county in which the
political subdivision is located shall determine the estimated average
percentage of property tax increase on a business property to be paid
to the political subdivision that must be included in the public question
under subsection (c) as follows:
STEP ONE: Determine the average assessed value of business
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property located within the political subdivision.
STEP TWO: Divide the result of STEP ONE by one hundred
(100).
STEP THREE: Determine the overall average tax rate per one
hundred dollars ($100) of assessed valuation for the current year
imposed on property located within the political subdivision.
STEP FOUR: For purposes of determining net property tax
liability of the average business property located within the
political subdivision:
(A) multiply the result of STEP TWO by the result of STEP
THREE; and
(B) as appropriate, apply any currently applicable county
property tax credit rates and the credit for excessive property
taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
was three percent (3%).
STEP FIVE: Determine the amount of the political subdivision's
part of the result determined in STEP FOUR.
STEP SIX: Determine the estimated tax rate that will be imposed
if the public question is approved by the voters.
STEP SEVEN: Multiply the result of STEP TWO by the result of
STEP SIX.
STEP EIGHT: Divide the result of STEP SEVEN by the result of
STEP FIVE, expressed as a percentage.
(p) The county auditor shall certify the estimated average
percentage of property tax increase on a homestead to be paid to the
political subdivision determined under subsection (n), and the
estimated average percentage of property tax increase on a business
property to be paid to the political subdivision determined under
subsection (o), in a manner prescribed by the department of local
government finance, and provide the certification to the political
subdivision that proposes to impose property taxes. The political
subdivision shall provide the certification to the county election board
and include the estimated average percentages in the language of the
public question at the time the language of the public question is
submitted to the county election board for approval as described in
subsection (c).
SECTION 81. IC 6-1.1-20-10, AS AMENDED BY P.L.60-2020,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) This section applies to:
(1) a political subdivision that adopts an ordinance or a resolution
making a preliminary determination to issue bonds or enter into
a lease; and
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(2) any other political subdivision that has assessed value within
the same taxing district as the political subdivision described in
subdivision (1).
(b) Except as otherwise provided in this section, during the period
commencing with the adoption of the ordinance or resolution and, if a
petition and remonstrance process is commenced under section 3.2 of
this chapter, continuing through the sixty (60) day period commencing
with the notice under section 3.2(b)(1) of this chapter, the political
subdivision seeking to issue bonds or enter into a lease for the proposed
controlled project, or any other political subdivision that has assessed
value within the same taxing district, may not promote a position on the
petition or remonstrance by doing any of the following:
(1) Using facilities or equipment, including mail and messaging
systems, owned by the political subdivision to promote a position
on the petition or remonstrance, unless equal access to the
facilities or equipment is given to persons with a position opposite
to that of the political subdivision.
(2) Making an expenditure of money from a fund controlled by
the political subdivision to promote a position on the petition or
remonstrance or to pay for the gathering of signatures on a
petition or remonstrance. This subdivision does not prohibit a
political subdivision from making an expenditure of money to an
attorney, an architect, a registered professional engineer, a
construction manager, or a financial adviser for professional
services provided with respect to a controlled project.
(3) Using an employee to promote a position on the petition or
remonstrance during the employee's normal working hours or paid
overtime, or otherwise compelling an employee to promote a
position on the petition or remonstrance at any time. However, if
a person described in subsection (f) (g) is advocating for or
against a position on the petition or remonstrance or discussing
the petition or remonstrance as authorized under subsection (f),
(g), an employee of the political subdivision may assist the person
in presenting information on the petition or remonstrance, if
requested to do so by the person described in subsection (f). (g).
(4) In the case of a school corporation, promoting a position on a
petition or remonstrance by:
(A) using students to transport written materials to their
residences or in any way involving students in a school
organized promotion of a position;
(B) including a statement within another communication sent
to the students' residences; or
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(C) initiating discussion of the petition and remonstrance
process at a meeting between a teacher and parents of a
student regarding the student's performance or behavior at
school. However, if the parents initiate a discussion of the
petition and remonstrance process at the meeting, the teacher
may acknowledge the issue and direct the parents to a source
of factual information on the petition and remonstrance
process.
However, this section does not prohibit an official or employee of the
political subdivision from carrying out duties with respect to a petition
or remonstrance that are part of the normal and regular conduct of the
official's or employee's office or agency, including the furnishing of
factual information regarding the petition and remonstrance in response
to inquiries from any person.
(b) (c) A person may not solicit or collect signatures for a petition
or remonstrance on property owned or controlled by the political
subdivision.
(c) (d) The staff and employees of a school corporation may not
personally identify a student as the child of a parent or guardian who
supports or opposes a petition or remonstrance.
(d) (e) This subsection does not apply to:
(1) a personal expenditure to promote a position on a petition and
remonstrance by an employee of a school corporation whose
employment is governed by a collective bargaining contract or an
employment contract; or
(2) an expenditure to promote a position on a petition and
remonstrance by a person or an organization that has a contract or
an arrangement with the school corporation solely for the use of
the school corporation's facilities.
A person or an organization that has a contract or an arrangement
(whether formal or informal) with a school corporation to provide
goods or services to the school corporation may not spend any money
to promote a position on the petition or remonstrance. A person or an
organization that violates this subsection commits a Class A infraction.
(e) (f) An attorney, an architect, a registered professional engineer,
a construction manager, or a financial adviser for professional services
provided with respect to a controlled project may not spend any money
to promote a position on the petition or remonstrance. A person who
violates this subsection:
(1) commits a Class A infraction; and
(2) is barred from performing any services with respect to the
controlled project.
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(f) (g) Notwithstanding any other law, an elected or appointed
public official of the political subdivision (including any school board
member and school corporation superintendent), a school corporation
assistant superintendent, or a chief school business official of a school
corporation may at any time:
(1) personally advocate for or against a position on the petition or
remonstrance; or
(2) discuss the petition or remonstrance with any individual,
group, or organization or personally advocate for or against a
position on the petition or remonstrance before any individual,
group, or organization;
so long as it is not done by using public funds. Advocacy or discussion
allowed under this subsection is not considered a use of public funds.
However, this subsection does not authorize or apply to advocacy or
discussion by a school board member, superintendent, assistant
superintendent, or school business official to or with students that
occurs during the regular school day.
(g) (h) Nothing in this section shall be construed to prevent a
political subdivision that has assessed value within the same taxing
district as the political subdivision described in subsection (a) from
adopting a resolution or taking a position on the local public question.
SECTION 82. IC 6-1.1-20.6-11, AS AMENDED BY P.L.137-2012,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. The department of local government finance
shall annually publish a report on its Internet web site website that lists
the amount that each taxing unit's distribution of property taxes will be
reduced under section 9.5 of this chapter as a result of the granting of
the credits.
SECTION 83. IC 6-1.1-23.5-11, AS ADDED BY P.L.235-2017,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. (a) This section applies to a request for
information in an alternative form under this chapter in those
circumstances in which a county treasurer may omit descriptions of
mobile homes from a published notice of sale under this chapter if the
county treasurer makes the information available on the Internet web
site website of the county government or the county government's
contractor and in an alternative form upon request.
(b) A person who requests information in an alternative form
concerning descriptions of mobile homes to which this section applies
may specify whether the person prefers to receive the information in an
electronic format, on a digital storage medium, or in printed form. A
county treasurer who has a duty under this chapter to make the
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information available in an alternative form upon request shall furnish
the information in the alternative form specified by the requesting
person.
SECTION 84. IC 6-1.1-24-1.5, AS AMENDED BY P.L.99-2018,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.5. (a) If:
(1) any property taxes or special assessments from the prior year's
fall installment or before are delinquent on real property as
determined under IC 6-1.1-37-10; and
(2) an order from a court or a determination of a hearing authority
has been obtained under IC 36-7-37 that the real property is
vacant or abandoned;
the executive of the county, city, or town may, after providing either the
notice required by IC 36-7-37 or section 2.3 of this chapter, certify a
list of vacant or abandoned property to the county auditor and attach
copies of any orders for necessary repairs for any properties on the list.
This list and the attached copies of orders for necessary repairs must be
delivered to the county auditor not later than fifty-one (51) days after
the first tax payment due date each calendar year.
(b) Upon receiving lists described in subsection (a), the county
auditor shall do all the following:
(1) Prepare a combined list of the properties certified by the
executive of the county, city, or town.
(2) Delete any property described in that list from the delinquent
tax list prepared under section 1 of this chapter.
(3) Provide public notice of the sale of the properties under
subsection (c) at least thirty (30) days before the date of the sale,
which shall be published in accordance with IC 5-3-1, and post a
copy of the notice at a public place of posting in the county
courthouse or in another public county building at least
twenty-one (21) days before the date of sale.
(4) Certify to the county treasurer that the real property is to be
sold at auction under this chapter as required by section 5(h) of
this chapter.
(5) Issue a deed to the real property that conveys a fee simple
interest to the highest bidder as long as the bid is at least the
minimum bid specified in this section.
The minimum bid for a property at the auction under this section is the
proportionate share of the actual costs incurred by the county in
conducting the sale. Any amount collected from the sale of all
properties under this section above the total minimum bids shall first
be used to pay the costs of the county, city, or town that certified the
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property vacant or abandoned for title search and court proceedings.
Any amount remaining from the sale shall be certified by the county
treasurer to the county auditor for distribution to other taxing units
during settlement.
(c) Notice of the sale under this section must contain the following:
(1) A list of real property eligible for sale under this chapter.
(2) A statement that:
(A) the real property included in the list will be sold at public
auction to the highest bidder;
(B) the county auditor will issue a deed to the real property
that conveys a fee simple interest to the highest bidder that
bids at least the minimum bid; and
(C) the owner will have no right to redeem the real property
after the date of the sale.
A deed issued under this subdivision to the highest bidder
conveys the same fee simple interest in the real property as a deed
issued under IC 6-1.1-25.
(3) A statement that the real property will not be sold for less than
an amount equal to actual proportionate costs incurred by the
county that are directly attributable to the abandoned property
sale.
(4) A statement for informational purposes only, describing for
each item of real property on the list:
(A) the location of the item of real property by key number, if
any, and street address, if any, or a common description of the
property other than a legal description;
(B) whether there are one (1) or more orders to make
necessary repairs on the real property; and
(C) where information can be found regarding the orders to
make necessary repairs for the real property, if any.
The township assessor, or the county assessor if there is no
township assessor for the township, upon written request from the
county auditor, shall provide the information to be in the notice
required by this subsection. A misstatement in the key number or
street address does not invalidate an otherwise valid sale.
(5) A statement that the county does not warrant the accuracy of
the street address or common description of the property.
(6) A statement that the sale will be conducted at a place
designated in the notice and that the sale will continue until all
real property has been offered for sale.
(7) A statement that the sale will take place at the times and dates
designated in the notice.
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Whenever the public auction is to be conducted as an electronic sale,
the notice must include a statement indicating that the public auction
will be conducted as an electronic sale and a description of the
procedures that must be followed to participate in the electronic sale.
(d) For properties that are not sold when initially offered for sale
under this section, the county auditor may omit from the notice the
descriptions of the tracts or items of real property specified in
subsection (c)(1) and (c)(4) for those properties that are to be offered
again at subsequent sales under this section if:
(1) the county auditor includes in the notice a statement that
descriptions of those tracts or items of real property are available
on the Internet web site website of the county government or the
county government's contractor and the information may be
obtained in an alternative form from the county auditor upon
request; and
(2) the descriptions of those tracts or items of real property
eligible for sale a second or subsequent time under this section are
made available on the Internet web site website of the county
government or the county government's contractor and may be
obtained from the county auditor in an alternative form upon
request in accordance with section 3.4 of this chapter.
SECTION 85. IC 6-1.1-24-3.4, AS ADDED BY P.L.187-2016,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3.4. (a) This section applies to a request for
information in an alternative form under this chapter in those
circumstances in which a county auditor or county executive may omit
descriptions of tracts or items of real property from a published notice
of sale or other transfer under this chapter if the county auditor or
county executive, as applicable, makes the information available on the
Internet web site website of the county government or the county
government's contractor and in an alternative form upon request.
(b) A person who requests information in an alternative form
concerning descriptions of tracts or items of real property to which this
section applies may specify whether the person prefers to receive the
information in an electronic format, on a digital storage medium, or in
printed form. A county auditor or county executive, as applicable, who
has a duty under this chapter to make the information available in an
alternative form upon request shall furnish the information in the
alternative form specified by the requesting person. The department of
local government finance shall prescribe the allowable file formats
when the information is requested in an electronic format or on a
digital storage medium.
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SECTION 86. IC 6-1.1-24-4.5, AS AMENDED BY P.L.203-2013,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4.5. (a) The county auditor shall also provide
those agencies under IC 36-7-17 or IC 36-7-17.1, in that county, with
a list of tracts or items of real property on which one (1) or more
installments of taxes is delinquent by June 15 of the year following the
date the delinquency occurred.
(b) This subsection applies to a county having a consolidated city.
The county auditor shall prepare a list of tracts or items of real
properties for which at least one (1) installment of taxes is delinquent
at least ten (10) months. The auditor shall submit a copy of this list to
the metropolitan development commission not later than one hundred
six (106) days before the date on which application for judgment and
order for sale is made.
(c) This subsection applies to a county not having a consolidated
city. The county auditor shall prepare a list of tracts or items of real
property located in the county for which the fall installment of taxes for
the most recent previous year is delinquent. The auditor shall submit
a copy of the list prepared under this subsection to each city or town
within the county or make the list available on the county's Internet
web site website not later than one hundred six (106) days before the
date on which application for judgment and order for sale is made.
SECTION 87. IC 6-1.1-24-6, AS AMENDED BY P.L.251-2015,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) When a tract or an item of real property is
offered for sale under this chapter and an amount is not received equal
to or in excess of the minimum sale price prescribed in section 5 of this
chapter, the county executive acquires a lien in the amount of the
minimum sale price. This lien attaches on the day on which the tract or
item was offered for sale.
(b) When a county executive acquires a lien under this section, the
county auditor shall issue a tax sale certificate to the county executive
in the manner provided in section 9 of this chapter. The county auditor
shall date the certificate the day that the county executive acquires the
lien. When a county executive acquires a certificate under this section,
the county executive has the same rights as a purchaser.
(c) When a lien is acquired by a county executive under this section,
no money shall be paid by the county executive. However, each of the
taxing units having an interest in the taxes on the tract shall be charged
with the full amount of all delinquent taxes due them.
(d) Whenever a county executive acquires a lien under this section,
the county auditor shall provide a list of the liens held by the county to
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the executive of a city or town who requests the list or post the list on
the county's Internet web site website not later than thirty (30) days
after the tax sale.
SECTION 88. IC 6-1.1-24-6.7, AS AMENDED BY P.L.187-2016,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6.7. (a) For purposes of this section, in a county
containing a consolidated city "county executive" refers to the board of
commissioners of the county as provided in IC 36-3-3-10.
(b) A county executive may transfer to a nonprofit entity:
(1) property under this section; or
(2) a tax sale certificate under section 17 of this chapter.
(c) As used in this section, "nonprofit entity" means an organization
exempt from federal income taxation under 26 U.S.C. 501(c)(3).
(d) The county executive may:
(1) by resolution, identify the property described under section 6
of this chapter that the county executive desires to transfer to
nonprofit entities for use for the public good; and
(2) set a date, time, and place for a public hearing to consider the
transfer of the property to nonprofit entities.
(e) Except as otherwise provided in subsection (f), notice of the
property identified under subsection (d) and the date, time, and place
for the hearing on the proposed transfer of the property on the list shall
be published in accordance with IC 5-3-1. The notice must include a
description of the property by:
(1) legal description; and
(2) parcel number or street address, or both.
The notice must specify that the county executive will accept
applications submitted by nonprofit entities as provided in subsection
(h) and hear any opposition to a proposed transfer.
(f) For properties or tax sale certificates that are not transferred
when initially identified for transfer under this section, the county
executive may omit from the notice the descriptions of the properties
identified under subsection (d) if:
(1) the county executive includes in the notice a statement that
descriptions of those tracts or items of real property are available
on the Internet web site website of the county government or the
county government's contractor and the information may be
obtained in an alternative form from the county executive upon
request; and
(2) the descriptions of those tracts or items of real property
eligible for transfer under this section are made available on the
Internet web site website of the county government or the county
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government's contractor and may be obtained from the county
executive in an alternative form upon request in accordance with
section 3.4 of this chapter.
(g) After the hearing set under subsection (d), the county executive
shall by resolution make a final determination concerning:
(1) the properties that are to be transferred to a nonprofit entity;
(2) the nonprofit entity to which each property is to be transferred;
and
(3) the terms and conditions of the transfer.
(h) To be eligible to receive property under this section, a nonprofit
entity must file an application with the county executive. The
application must state the property that the nonprofit entity desires to
acquire, the use to be made of the property, and the time period
anticipated for implementation of the use. The application must be
accompanied by documentation verifying the nonprofit status of the
entity and be signed by an officer of the nonprofit entity. If more than
one (1) application for a single property is filed, the county executive
shall determine which application is to be accepted based on the
benefit to be provided to the public and the neighborhood and the
suitability of the stated use for the property and the surrounding area.
(i) After the hearing set under subsection (d) and the final
determination of properties to be transferred under subsection (g), the
county executive, on behalf of the county, shall cause all delinquent
taxes, special assessments, penalties, interest, and costs of sale to be
removed from the tax duplicate and the nonprofit entity is entitled to a
tax deed prepared by the county auditor, if the conditions of
IC 6-1.1-25-4.5 and IC 6-1.1-25-4.6 are satisfied. The deed shall
provide for:
(1) the use to be made of the property;
(2) the time within which the use must be implemented and
maintained;
(3) any other terms and conditions that are established by the
county executive; and
(4) the reversion of the property to the county executive if the
grantee nonprofit entity fails to comply with the terms and
conditions.
If the grantee nonprofit entity fails to comply with the terms and
conditions of the transfer and title to the property reverts to the county
executive, the property may be retained by the county executive or
disposed of under any of the provisions of this chapter or IC 6-1.1-25,
or both.
SECTION 89. IC 6-1.1-24-6.9, AS AMENDED BY P.L.187-2016,
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SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6.9. (a) For purposes of this section, in a county
having a consolidated city, "county executive" refers to the board of
commissioners of the county as provided in IC 36-3-3-10.
(b) The county executive may:
(1) by resolution, identify the property described in section 6 of
this chapter that the county executive desires to transfer to a
person able to satisfactorily repair and maintain the property, if
repair and maintenance of the property are in the public interest;
and
(2) set a date, time, and place for a public hearing to consider the
transfer of the property.
(c) Notice of the property identified under subsection (b) and the
date, time, and place for the hearing on the proposed transfer of the
property shall be published in accordance with IC 5-3-1. The notice
must include a description of the property by:
(1) legal description; and
(2) parcel number or street address, or both.
The notice must specify that the county executive will accept
applications submitted by persons able to satisfactorily repair and
maintain the property as provided in subsection (f) and hear any
opposition to a proposed transfer.
(d) For properties that are not transferred when initially identified
for transfer under this section, the county executive may omit from the
notice the descriptions of the properties identified under subsection (b)
if:
(1) the county executive includes in the notice a statement that
descriptions of those tracts or items of real property are available
on the Internet web site website of the county government or the
county government's contractor and the information may be
obtained in an alternative form from the county executive upon
request; and
(2) the descriptions of those tracts or items of real property
eligible for transfer under this section are made available on the
Internet web site website of the county government or the county
government's contractor and may be obtained from the county
executive in an alternative form upon request in accordance with
section 3.4 of this chapter.
(e) After the hearing set under subsection (b), the county executive
shall by resolution make a final determination concerning:
(1) the properties that are to be transferred;
(2) the person to which each property is to be transferred; and
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(3) the terms and conditions of the transfer.
(f) To be eligible to receive a property under this section, a person
must file an application with the county executive. The application
must identify the property that the person desires to acquire, the use to
be made of the property, and the time anticipated for implementation
of the use. The application must be accompanied by documentation
demonstrating the person's ability to satisfactorily repair and maintain
the property, including evidence of the person's:
(1) ability to repair and maintain the property personally, if
applicable;
(2) financial resources, if the services of a contractor may be
required to satisfactorily repair or maintain the property; and
(3) previous experience in repairing or maintaining property, if
applicable.
The application must be signed by the person. If more than one (1)
application for a single property is filed, the county executive shall
determine which application is to be accepted based on the benefit to
be provided to the public and the neighborhood, the suitability of the
stated use for the property and the surrounding area, and the likelihood
that the person will satisfactorily repair and maintain the property. The
county executive may require the person to pay a reasonable deposit or
post a performance bond to be forfeited if the person does not
satisfactorily repair and maintain the property.
(g) After the hearing set under subsection (b) and the final
determination of the properties to be transferred under subsection (e),
the county executive, on behalf of the county, shall cause all delinquent
taxes, special assessments, penalties, interest, and costs of sale to be
removed from the tax duplicate and the person is entitled to a tax deed
if the conditions of IC 6-1.1-25-4.5 and IC 6-1.1-25-4.6 are satisfied.
The deed must provide for:
(1) the use to be made of the property;
(2) the time within which the use must be implemented and
maintained;
(3) any other terms and conditions that are established by the
county executive;
(4) the reversion of the property to the county executive if the
grantee fails to comply with the terms and conditions; and
(5) the forfeiture of any bond or deposit to the county executive
if the grantee fails to comply with the terms and conditions.
If the grantee fails to comply with the terms and conditions of the
transfer and title to the property reverts to the county executive, the
property may be retained by the county executive or disposed of under
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any of the provisions of this chapter or IC 6-1.1-25, or both.
SECTION 90. IC 6-1.1-24-17, AS AMENDED BY P.L.85-2017,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 17. (a) For purposes of this section, in a county
containing a consolidated city, "county executive" refers to the board
of commissioners of the county as provided in IC 36-3-3-10.
(b) As used in this section, "nonprofit entity" means an organization
exempt from federal income taxation under 26 U.S.C. 501(c)(3).
(c) The county executive may by resolution:
(1) identify tax sale certificates issued under section 6 of this
chapter that the county executive desires to assign to one (1) or
more nonprofit entities; and
(2) set a date, time, and place for a public hearing to consider the
assignment of the tax sale certificates to the nonprofit entities.
(d) Except as otherwise provided in subsection (e), notice of the tax
sale certificates identified under subsection (c) and the date, time, and
place for the hearing on the proposed transfer of the tax sale certificates
on the list shall be published in accordance with IC 5-3-1. The notice
must include a description of the properties associated with the tax sale
certificates being considered for assignment by:
(1) parcel number;
(2) legal description; and
(3) street address or other common description.
The notice must specify that the county executive will hear any
opposition to the proposed assignments.
(e) For tax sale certificates that are not assigned when initially
identified for assignment under this section, the county executive may
omit from the notice the descriptions of the tax sale certificates and the
properties associated with the tax sale certificates identified under
subsection (c) if:
(1) the county executive includes in the notice a statement that the
descriptions of those tax sale certificates and the tracts or items of
real property associated with the tax sale certificates are available
on the Internet web site website of the county government or the
county government's contractor and the information may be
obtained from the county executive in an alternative form upon
request in accordance with section 3.4 of this chapter; and
(2) the descriptions of those tax sale certificates and the tracts or
items of real property associated with the tax sale certificates are
made available on the Internet web site website of the county
government or the county government's contractor and may be
obtained from the county executive in an alternative form upon
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request in accordance with section 3.4 of this chapter.
(f) After the hearing set under subsection (c), the county executive
shall by resolution make a final determination concerning:
(1) the tax sale certificates that are to be assigned to a nonprofit
entity;
(2) the nonprofit entity to which each tax sale certificate is to be
assigned; and
(3) the terms and conditions of the assignment.
(g) If a county executive assigns a tax sale certificate to a nonprofit
entity under this section, the period of redemption of the real property
under IC 6-1.1-25 expires one hundred twenty (120) days after the date
of the assignment to the nonprofit entity. If a nonprofit entity takes
assignment of a tax sale certificate under this section, the nonprofit
entity acquires the same rights and obligations as a purchaser of a tax
sale certificate under section 6.1 of this chapter.
SECTION 91. IC 6-1.1-28-0.7, AS ADDED BY P.L.207-2016,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 0.7. The county assessor of the county responsible
for administration of a multiple county property tax assessment board
of appeals under section 0.5 of this chapter shall give notice of the
time, date, place, and purpose of each annual session of the multiple
county property tax assessment board of appeals. The county assessor
shall give the notice two (2) weeks before the first meeting of the
multiple county property tax assessment board of appeals by:
(1) publication of the notice within the geographic area over
which the multiple county property tax assessment board of
appeals has jurisdiction in the same manner as political
subdivisions subject to IC 5-3-1-4(e) are required to publish
notice; and
(2) posting of the notice on the county assessor's Internet web site.
website.
SECTION 92. IC 6-1.1-28-1, AS AMENDED BY P.L.156-2024,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) This section applies only to a county that is
not participating in a multiple county property tax assessment board of
appeals.
(b) Each county shall have a county property tax assessment board
of appeals composed of individuals who are at least eighteen (18) years
of age and knowledgeable in the valuation of property. At the election
of the board of commissioners of the county, a county property tax
assessment board of appeals may consist of three (3) or five (5)
members appointed in accordance with this section.
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(c) This subsection applies to a county in which the board of
commissioners elects to have a five (5) member county property tax
assessment board of appeals. In addition to the county assessor, only
one (1) other individual who is an officer or employee of a county or
township may serve on the board of appeals in the county in which the
individual is an officer or employee. Subject to subsections (h) and (i),
the fiscal body of the county shall appoint two (2) individuals to the
board. At least one (1) of the members appointed by the county fiscal
body must be a certified level two or level three assessor-appraiser. The
fiscal body may waive the requirement in this subsection that one (1)
of the members appointed by the fiscal body must be a certified level
two or level three assessor-appraiser. Subject to subsections (h) and (i),
the board of commissioners of the county shall appoint three (3)
freehold members so that not more than three (3) of the five (5)
members may be of the same political party and so that at least three
(3) of the five (5) members are residents of the county. At least one (1)
of the members appointed by the board of county commissioners must
be a certified level two or level three assessor-appraiser. The board of
county commissioners may waive the requirement in this subsection
that one (1) of the freehold members appointed by the board of county
commissioners must be a certified level two or level three
assessor-appraiser.
(d) This subsection applies to a county in which the board of
commissioners elects to have a three (3) member county property tax
assessment board of appeals. In addition to the county assessor, only
one (1) other individual who is an officer or employee of a county or
township may serve on the board of appeals in the county in which the
individual is an officer or employee. Subject to subsections (h) and (i),
the fiscal body of the county shall appoint one (1) individual to the
board. The member appointed by the county fiscal body must be a
certified level two or level three assessor-appraiser. The fiscal body
may waive the requirement in this subsection that the member
appointed by the fiscal body must be a certified level two or level three
assessor-appraiser. Subject to subsections (e) and (f), the board of
commissioners of the county shall appoint two (2) freehold members
so that not more than two (2) of the three (3) members may be of the
same political party and so that at least two (2) of the three (3)
members are residents of the county. At least one (1) of the members
appointed by the board of county commissioners must be a certified
level two or level three assessor-appraiser. The board of county
commissioners may waive the requirement in this subsection that one
(1) of the freehold members appointed by the board of county
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commissioners must be a certified level two or level three
assessor-appraiser.
(e) A person appointed to a property tax assessment board of
appeals may serve on the property tax assessment board of appeals of
another county at the same time. The members of the board shall elect
a president. The employees of the county assessor shall provide
administrative support to the property tax assessment board of appeals.
The county assessor is a nonvoting member of the property tax
assessment board of appeals. The county assessor shall serve as
secretary of the board. The secretary shall keep full and accurate
minutes of the proceedings of the board. A majority of the board
constitutes a quorum for the transaction of business. Any question
properly before the board may be decided by the agreement of a
majority of the whole board.
(f) The county assessor, county fiscal body, and board of county
commissioners may agree to waive the requirement in subsection (c)
or (d) that not more than three (3) of the five (5) or two (2) of the three
(3) members of the county property tax assessment board of appeals
may be of the same political party if it is necessary to waive the
requirement due to the absence of certified level two or level three
Indiana assessor-appraisers:
(1) who are willing to serve on the board; and
(2) whose political party membership status would satisfy the
requirement in subsection (c) or (d).
(g) If the board of county commissioners is not able to identify at
least two (2) prospective freehold members of the county property tax
assessment board of appeals who are:
(1) residents of the county;
(2) certified level two or level three Indiana assessor-appraisers;
and
(3) willing to serve on the county property tax assessment board
of appeals;
it is not necessary that at least three (3) of the five (5) or two (2) of the
three (3) members of the county property tax assessment board of
appeals be residents of the county.
(h) Except as provided in subsection (i), the term of a member of the
county property tax assessment board of appeals appointed under either
subsection (c) or (d) shall:
(1) be staggered so that the appointment of a majority of the board
does not expire in any single year; and
(2) begins begin January 1.
(i) If:
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(1) the term of a member of the county property tax assessment
board of appeals appointed under this section expires;
(2) the member is not reappointed; and
(3) a successor is not appointed;
the term of the member continues until a successor is appointed.
(j) An:
(1) employee of the township assessor or county assessor; or
(2) appraiser, as defined in IC 6-1.1-31.7-1;
may not serve as a voting member of a county property tax assessment
board of appeals in a county where the employee or appraiser is
employed.
SECTION 93. IC 6-1.1-28-6, AS AMENDED BY P.L.207-2016,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. This section applies to a county property tax
assessment board of appeals established under section 1 of this chapter.
The county assessor shall give notice of the time, place, and purpose of
each annual session of the county property tax assessment board. The
county assessor shall give the notice two (2) weeks before the first
meeting of the board by:
(1) the publication:
(A) in two (2) newspapers of general circulation which are
published in the county; or
(B) in one (1) newspaper of general circulation published in
the county if the requirements of clause (A) cannot be
satisfied; and
(2) the posting of the notice on the county assessor's Internet web
site. website.
SECTION 94. IC 6-2.5-3-10, AS ADDED BY P.L.229-2011,
SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. The department shall publish on the
department's web site website the information needed to communicate
a person's obligation to remit use tax on the exercise of any right or
power of ownership over tangible personal property in Indiana for
which gross retail tax has not been paid, including purchases using the
Internet or a catalog.
SECTION 95. IC 6-2.5-3.5-15, AS AMENDED BY
P.L.180-2022(ss), SECTION 6, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) Before the
twenty-second day of each month, the department shall determine and
provide a notice of the gasoline use tax rate to be used during the
following month and the source of the data used to determine the
gasoline use tax rate and the statewide average retail price per gallon
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of gasoline. The notice shall be published on the department's Internet
web site website in a departmental notice.
(b) In determining the gasoline use tax rate under this section, the
department shall use:
(1) the statewide average retail price per gallon of gasoline (based
on the retail price per gallon of gasoline from the sixteenth day of
the previous month to the fifteenth day of the current month),
excluding the Indiana gasoline tax, federal gasoline tax, the
Indiana gasoline use tax, and Indiana gross retail tax (if any);
multiplied by
(2) seven percent (7%).
To determine the statewide average retail price, the department shall
use a data service that updates the most recent retail price of gasoline.
The gasoline use tax rate per gallon of gasoline determined by the
department under this section shall be rounded to the nearest one-tenth
of one cent ($0.001).
(c) Notwithstanding subsections (a) and (b), the gasoline use tax
rate imposed on a transaction that occurs beginning on the first day
following the enactment into law of this subsection and continuing
through June 30, 2023, is the lesser of:
(1) the monthly gasoline use tax rate per gallon of gasoline as
determined by the department under subsections (a) and (b); or
(2) twenty-nine and five-tenths cents ($0.295) per gallon of
gasoline.
This subsection expires July 1, 2023.
SECTION 96. IC 6-2.5-3.5-17, AS ADDED BY P.L.227-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 17. (a) A distributor, refiner, or terminal operator
desiring to receive gasoline within Indiana without paying the gasoline
use tax must hold an uncanceled permit issued by the department to
collect payments of gasoline use tax from purchasers and recipients of
gasoline.
(b) To obtain a permit, a distributor, refiner, or terminal operator
must file with the department a sworn application containing
information that the department reasonably requires.
(c) The department may refuse to issue a permit to a distributor,
refiner, or terminal operator if:
(1) the application is filed by a distributor, refiner, or terminal
operator whose permit has previously been canceled for cause;
(2) the application is not filed in good faith, as determined by the
department;
(3) the application is filed by a person as a subterfuge for the real
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person in interest whose permit has previously been canceled for
cause; or
(4) the distributor, refiner, or terminal operator has outstanding
tax liability with the department for which a tax warrant has been
issued.
(d) A permit may not be issued unless the application is
accompanied by an audited and current financial statement and a
license fee of one hundred dollars ($100).
(e) A permit issued under this section is not assignable and is valid
only for the distributor, refiner, or terminal operator in whose name it
is issued. If there is a change in name or ownership, the distributor,
refiner, or terminal operator must apply for a new permit.
(f) The department may revoke a permit for good cause.
(g) Before being denied a permit under subsection (c) or before
having a permit revoked under subsection (f), a distributor, refiner, or
terminal operator is entitled to a hearing after five (5) business days
written notice. At the hearing, the distributor, refiner, or terminal
operator may appear in person or by counsel and present testimony.
(h) The department shall keep a record of all qualified distributors,
refiners, and terminal operators.
(i) The department may publish a list of qualified distributors on the
department's Internet web site. website. The list must be limited to the
following information:
(1) The name of each qualified distributor.
(2) The complete address of each qualified distributor.
(3) The telephone number of each qualified distributor.
(j) The information contained in a list published under subsection
(i) is not confidential under IC 6-8.1-7-1.
SECTION 97. IC 6-2.5-8-8, AS AMENDED BY P.L.137-2022,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) A person, authorized under subsection (b),
who makes a purchase in a transaction which is exempt from the state
gross retail and use taxes, may issue an exemption certificate to the
seller instead of paying the tax. Except as provided in subsection (c),
the person shall issue the certificate on forms and in the manner
prescribed by the department on the department's Internet web site.
website. A seller accepting a proper exemption certificate under this
section has no duty to collect or remit the state gross retail or use tax on
that purchase.
(b) The following are the only persons authorized to issue
exemption certificates:
(1) Retail merchants, wholesalers, and manufacturers, who are
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registered with the department under this chapter.
(2) Persons who are exempt from the state gross retail tax under
IC 6-2.5-4-5 and who receive an exemption certificate from the
department.
(3) Other persons who are exempt from the state gross retail tax
with respect to any part of their purchases.
(c) Organizations that are exempt from the state gross retail tax
under IC 6-2.5-5-21, IC 6-2.5-5-25, or IC 6-2.5-5-26 and that are
registered with the department pursuant to IC 6-2.5-5-25(c) shall be
electronically issued an exemption certificate by the department.
(d) The department may also allow a person to issue a blanket
exemption certificate to cover exempt purchases over a stated period
of time. The department may impose conditions on the use of the
blanket exemption certificate and restrictions on the kind or category
of purchases that are exempt.
(e) A seller that accepts an incomplete exemption certificate under
subsection (a) is not relieved of the duty to collect gross retail or use
tax on the sale unless the seller obtains:
(1) a fully completed exemption certificate; or
(2) the relevant data to complete the exemption certificate;
within ninety (90) days after the sale.
(f) If a seller has accepted an incomplete exemption certificate
under subsection (a) and the department requests that the seller
substantiate the exemption, within one hundred twenty (120) days after
the department makes the request the seller shall:
(1) obtain a fully completed exemption certificate; or
(2) prove by other means that the transaction was not subject to
state gross retail or use tax.
(g) A power subsidiary (as defined in IC 6-2.5-1-22.5) or a person
selling the services or commodities listed in IC 6-2.5-4-5 who accepts
an exemption certificate issued by the department to a person who is
exempt from the state gross retail tax under IC 6-2.5-4-5 is relieved
from the duty to collect state gross retail or use tax on the sale of the
services or commodities listed in IC 6-2.5-4-5 until notified by the
department that the exemption certificate has expired or has been
revoked. If the department notifies a power subsidiary or a person
selling the services or commodities listed in IC 6-2.5-4-5 that a person's
exemption certificate has expired or has been revoked, the power
subsidiary or person selling the services or commodities listed in
IC 6-2.5-4-5 shall begin collecting state gross retail tax on the sale of
the services or commodities listed in IC 6-2.5-4-5 to the person whose
exemption certificate has expired or been revoked not later than thirty
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(30) days after the date of the department's notice. An exemption
certificate issued by the department to a person who is exempt from the
state gross retail tax under IC 6-2.5-4-5 remains valid for that person
regardless of any subsequent one (1) for one (1) meter number changes
with respect to that person that are required, made, or initiated by a
power subsidiary or a person selling the services or commodities listed
in IC 6-2.5-4-5, unless the department revokes the exemption
certificate. Within thirty (30) days after the final day of each calendar
year quarter, a power subsidiary or a person selling the services or
commodities listed in IC 6-2.5-4-5 shall report to the department any
meter number changes made during the immediately preceding
calendar year quarter and distinguish between the one (1) for one (1)
meter changes and the one (1) for multiple meter changes made during
the calendar year quarter. A power subsidiary or a person selling the
services or commodities listed in IC 6-2.5-4-5 shall maintain records
sufficient to document each one (1) to one (1) meter change. A person
may request the department to reissue an exemption certificate with a
new meter number in the event of a one (1) to one (1) meter change.
Except for a person to whom a blanket utility exemption applies, any
meter number changes not involving a one (1) to one (1) relationship
will no longer be exempt and will require the person to submit a new
utility exemption application for the new meters. Until an application
for a new meter is approved, the new meter is subject to the state gross
retail tax and the power subsidiary or the person selling the services or
commodities listed in IC 6-2.5-4-5 is required to collect the state gross
retail tax from the date of the meter change.
SECTION 98. IC 6-3.1-30.5-14, AS ADDED BY P.L.182-2009(ss),
SECTION 205, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 14. The department, on an Internet
web site a website used by the department to provide information to
the public, shall provide the following information:
(1) The application for the credit provided in this chapter.
(2) A timeline for receiving the credit provided in this chapter.
(3) The total amount of credits awarded under this chapter during
the current state fiscal year.
SECTION 99. IC 6-7-2-7.5, AS AMENDED BY P.L.137-2022,
SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7.5. (a) A tax is imposed on the distribution of
closed system cartridges in Indiana at the rate of fifteen percent (15%)
of the wholesale price of the closed system cartridge. If a closed system
cartridge is sold in the same package as a vapor product device, the tax
imposed under this subsection shall only apply to the wholesale price
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of the closed system cartridge if the wholesale cost of the closed system
cartridge can be isolated from the vapor product device on the invoice.
(b) The distributor of closed system cartridges, including a person
that sells closed system cartridges through an Internet web site, a
website, is liable for the tax imposed under subsection (a). The tax is
imposed at the time the distributor:
(1) brings or causes closed system cartridges to be brought into
Indiana for distribution;
(2) manufactures closed system cartridges in Indiana for
distribution; or
(3) transports closed system cartridges to retail dealers in Indiana
for resale by those retail dealers.
(c) A consumer who purchases untaxed closed system cartridges
from a distributor or retailer is liable for the tax imposed under
subsection (a).
SECTION 100. IC 6-7-2-8, AS AMENDED BY P.L.165-2021,
SECTION 109, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8. (a) A distributor, including a
person that sells taxable products through an Internet web site, a
website, must obtain a license under this section before it distributes
taxable products in Indiana. The department shall issue licenses to
applicants that qualify under this section. A license issued under this
section is valid for one (1) year unless revoked or suspended by the
department and is not transferable.
(b) An applicant for a license under this section must submit proof
to the department of the appointment of an agent for service of process
in Indiana if the applicant is:
(1) an individual whose principal place of residence is outside
Indiana; or
(2) a person, other than an individual, that has its principal place
of business outside Indiana.
(c) To obtain or renew a license under this section, a person must:
(1) submit, for each location where it intends to distribute taxable
products, an application that includes all information required by
the department;
(2) pay a fee of twenty-five dollars ($25) at the time of
application; and
(3) at the time of application, post a bond, issued by a surety
company approved by the department, in an amount not less than
one thousand dollars ($1,000) and conditioned on the applicant's
compliance with this chapter.
(d) If business is transacted at two (2) or more places by one (1)
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distributor, a separate license must be obtained for each place of
business.
(e) Each license must be numbered, show the name and address of
the distributor, and be posted in a conspicuous place at the place of
business for which it is issued.
(f) If the department determines that a bond provided by a licensee
is inadequate, the department may require a new bond in the amount
necessary to fully protect the state.
SECTION 101. IC 6-8.1-3-16, AS AMENDED BY P.L.165-2021,
SECTION 121, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 16. (a) The department shall
prepare a list of all outstanding tax warrants for listed taxes each
month. The list shall identify each taxpayer liable for a warrant by
name, address, amount of tax, and either Social Security number or
employer identification number. Unless the department renews the
warrant, the department shall exclude from the list a warrant issued
more than ten (10) years before the date of the list. The department
shall certify a copy of the list to the bureau of motor vehicles.
(b) The department shall prescribe and furnish tax release forms for
use by tax collecting officials. A tax collecting official who collects
taxes in satisfaction of an outstanding warrant shall issue to the
taxpayers named on the warrant a tax release stating that the tax has
been paid. The department may also issue a tax release:
(1) to a taxpayer who has made arrangements satisfactory to the
department for the payment of the tax; or
(2) by action of the commissioner under IC 6-8.1-8-2(k).
(c) The department may not issue or renew:
(1) a certificate under IC 6-2.5-8 or IC 6-7-4;
(2) a license under IC 6-6-1.1 or IC 6-6-2.5; or
(3) a permit under IC 6-6-4.1;
to a taxpayer whose name appears on the most recent monthly warrant
list, unless that taxpayer pays the tax, makes arrangements satisfactory
to the department for the payment of the tax, or a release is issued
under IC 6-8.1-8-2(k).
(d) The bureau of motor vehicles shall, before issuing the title to a
motor vehicle under IC 9-17, determine whether the purchaser's or
assignee's name is on the most recent monthly warrant list. If the
purchaser's or assignee's name is on the list, the bureau shall enter as
a lien on the title the name of the state as the lienholder unless the
bureau has received notice from the commissioner under
IC 6-8.1-8-2(k). The tax lien on the title:
(1) is subordinate to a perfected security interest (as defined and
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perfected in accordance with IC 26-1-9.1); and
(2) shall otherwise be treated in the same manner as other title
liens.
(e) The commissioner is the custodian of all titles for which the state
is the sole lienholder under this section. Upon receipt of the title by the
department, the commissioner shall notify the owner of the
department's receipt of the title.
(f) The department shall reimburse the bureau of motor vehicles for
all costs incurred in carrying out this section.
(g) Notwithstanding IC 6-8.1-8, a person who is authorized to
collect taxes, interest, or penalties on behalf of the department under
IC 6-3 or IC 6-3.6 may not, except as provided in subsection (h) or (i),
receive a fee for collecting the taxes, interest, or penalties if:
(1) the taxpayer pays the taxes, interest, or penalties as
consideration for the release of a lien placed under subsection (d)
on a motor vehicle title; or
(2) the taxpayer has been denied a certificate or license under
subsection (c) within sixty (60) days before the date the taxes,
interest, or penalties are collected.
(h) In the case of a sheriff, subsection (g) does not apply if:
(1) the sheriff collects the taxes, interest, or penalties within sixty
(60) days after the date the sheriff receives the tax warrant; or
(2) the sheriff collects the taxes, interest, or penalties through the
sale or redemption, in a court proceeding, of a motor vehicle that
has a lien placed on its title under subsection (d).
(i) In the case of a person other than a sheriff:
(1) subsection (g)(2) does not apply if the person collects the
taxes, interests, or penalties within sixty (60) days after the date
the commissioner employs the person to make the collection; and
(2) subsection (g)(1) does not apply if the person collects the
taxes, interest, or penalties through the sale or redemption, in a
court proceeding, of a motor vehicle that has a lien placed on its
title under subsection (d).
(j) IC 5-14-3-4, IC 6-8.1-7-1, and any other law exempting
information from disclosure by the department do not apply to this
subsection. The department shall prepare a list of retail merchants
whose registered retail merchant certificate has not been renewed
under IC 6-2.5-8-1(h) or whose registered retail merchant certificate
has been revoked under IC 6-2.5-8-7 or whose electronic cigarette
retail dealer's certificate has been revoked or suspended under
IC 6-7-4-10. The list compiled under this subsection must identify each
retail merchant by name (including any name under which the retail
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merchant is doing business), address, and county. The department shall
publish the list compiled under this subsection on the department's
Internet web site website (as operated under IC 4-13.1-2) and make the
list available for public inspection and copying under IC 5-14-3. The
department or an agent, employee, or officer of the department is
immune from liability for the publication of information under this
subsection.
SECTION 102. IC 6-8.1-3-17, AS AMENDED BY P.L.93-2024,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 17. (a) Before an original tax appeal is filed with
the tax court under IC 33-26, the commissioner, or the taxpayer rights
advocate office to the extent granted the authority by the commissioner,
may settle any tax liability dispute if a substantial doubt exists as to:
(1) the constitutionality of the tax under the Constitution of the
State of Indiana;
(2) the right to impose the tax;
(3) the correct amount of tax due;
(4) the collectability of the tax; or
(5) whether the taxpayer is a resident or nonresident of Indiana.
(b) After an original tax appeal is filed with the tax court under
IC 33-26, and notwithstanding IC 4-6-2-11, the commissioner may
settle a tax liability dispute with an amount in contention of twenty-five
thousand dollars ($25,000) or less. Notwithstanding IC 6-8.1-7-1(a),
the terms of a settlement under this subsection are available for public
inspection.
(c) The department shall establish an amnesty program for taxpayers
having an unpaid tax liability for a listed tax that was due and payable
for a tax period ending before January 1, 2013. A taxpayer is not
eligible for the amnesty program:
(1) for any tax liability resulting from the taxpayer's failure to
comply with IC 6-3-1-3.5(b)(3) with regard to the tax imposed by
IC 4-33-13 or IC 4-35-8; or
(2) if the taxpayer participated in any previous amnesty program
under:
(A) this section (as in effect on December 31, 2014); or
(B) IC 6-2.5-14.
The time in which a voluntary payment of tax liability may be made (or
the taxpayer may enter into a payment program acceptable to the
department for the payment of the unpaid listed taxes in full in the
manner and time established in a written payment program agreement
between the department and the taxpayer) under the amnesty program
is limited to the period determined by the department, not to exceed
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eight (8) regular business weeks ending before the earlier of the date
set by the department or January 1, 2017.
(d) The amnesty program must provide that, upon payment by a
taxpayer to the department of all listed taxes due from the taxpayer for
a tax period (or payment of the unpaid listed taxes in full in the manner
and time established in a written payment program agreement between
the department and the taxpayer), entry into an agreement that the
taxpayer is not eligible for any other amnesty program that may be
established and waives any part of interest and penalties on the same
type of listed tax that is being granted amnesty in the current amnesty
program, and compliance with all other amnesty conditions adopted
under a rule of the department in effect on the date the voluntary
payment is made, the department:
(1) shall abate and not seek to collect any interest, penalties,
collection fees, or costs that would otherwise be applicable;
(2) shall release any liens imposed;
(3) shall not seek civil or criminal prosecution against any
individual or entity; and
(4) shall not issue, or, if issued, shall withdraw, an assessment, a
demand notice, or a warrant for payment under IC 6-8.1-5-1,
IC 6-8.1-5-3, IC 6-8.1-8-2, or another law against any individual
or entity;
for listed taxes due from the taxpayer for the tax period for which
amnesty has been granted to the taxpayer. Amnesty granted under this
subsection (c) is binding on the state and its agents. However, failure
to pay to the department all listed taxes due for a tax period invalidates
any amnesty granted under this subsection (c) for that tax period. The
department shall conduct an assessment of the impact of the tax
amnesty program on tax collections and an analysis of the costs of
administering the tax amnesty program. As soon as practicable after the
end of the tax amnesty period, the department shall submit a copy of
the assessment and analysis to the legislative council in an electronic
format under IC 5-14-6. The department shall enforce an agreement
with a taxpayer that prohibits the taxpayer from receiving amnesty in
another amnesty program.
(d) (e) For purposes of subsection (c), a liability for a listed tax is
due and payable if:
(1) the department has issued:
(A) an assessment of the listed tax under IC 6-8.1-5-1;
(B) a demand for payment under IC 6-8.1-5-3; or
(C) a demand notice for payment of the listed tax under
IC 6-8.1-8-2;
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(2) the taxpayer has filed a return or an amended return in which
the taxpayer has reported a liability for the listed tax; or
(3) the taxpayer has filed a written statement of liability for the
listed tax in a form that is satisfactory to the department.
(e) (f) The department may waive interest and penalties if the
general assembly enacts a change in a listed tax for a tax period that
increases a taxpayer's tax liability for that listed tax after the due date
for that listed tax and tax period. However, such a waiver shall apply
only to the extent of the increase in tax liability and only for a period
not exceeding sixty (60) days after the change is enacted. The
department may adopt rules under IC 4-22-2 or issue guidelines to
carry out this subsection.
SECTION 103. IC 6-8.1-3-23, AS ADDED BY P.L.146-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 23. The department shall, in coordination with the
secretary of state, use the Internet web site website established under
IC 4-5-10 to share information with other state agencies and to provide
a single point of contact for any person to accomplish the following:
(1) Completing and submitting an application for a license,
registration, or permit that is issued by the department and that is
required for the applicant to transact business in the state.
(2) Filing with the department documents that are required for the
filer to transact business in the state.
(3) Remitting payments for any fee that must be paid to the
department for a payer to transact business in the state, including
application fees, filing fees, license fees, permit fees, and
registration fees.
SECTION 104. IC 6-8.1-9.5-3, AS AMENDED BY P.L.117-2018,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) To obtain a set off by the department, a
claimant agency described in section 1(1)(A) of this chapter must file
an application for the set off with the department before November 30
of the year preceding the calendar year in which a tax refund is payable
by the department.
(b) To obtain a set off by the department, a claimant agency
described in section 1(1)(B) of this chapter must direct the
clearinghouse with which the claimant agency has an agreement to file
an application for the set off on behalf of the claimant agency before a
date determined by the department and published on the department's
Internet web site. website.
(c) The department shall prescribe the form of and the contents of
the application.
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(d) An application filed under this section is effective only for the
purpose of set off of tax refunds that are payable for the calendar year
for which an application is filed.
SECTION 105. IC 6-8.1-10-1, AS AMENDED BY P.L.234-2019,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) If a person fails to file a return for any of the
listed taxes, fails to pay the full amount of tax shown on the person's
return by the due date for the return or the payment, or incurs a
deficiency upon a determination by the department, the person is
subject to interest on the nonpayment.
(b) The interest for a failure described in subsection (a) is the
adjusted rate established by the commissioner under subsection (c),
from the due date for payment. The interest applies to:
(1) the full amount of the unpaid tax due if the person failed to
file the return;
(2) the amount of the tax that is not paid, if the person filed the
return but failed to pay the full amount of tax shown on the return;
or
(3) the amount of the deficiency.
(c) The commissioner shall establish an adjusted rate of interest for
a failure described in subsection (a) and for an excess tax payment on
or before November 1 of each year. For purposes of subsection (b), the
adjusted rate of interest shall be the percentage rounded to the nearest
whole number that equals two (2) percentage points above the average
investment yield on state general fund money for the state's previous
fiscal year, excluding pension fund investments, as determined by the
treasurer of state on or before October 1 of each year and reported to
the commissioner. For purposes of IC 6-8.1-9-2(c), the adjusted rate of
interest for an excess tax payment must be the same as the adjusted rate
of interest determined under this subsection for a failure described in
subsection (a). The adjusted rates of interest established under this
subsection shall take effect on January 1 of the immediately succeeding
year.
(d) For purposes of this section, the filing of a substantially blank or
unsigned return does not constitute a return.
(e) Except as provided by IC 6-8.1-3-17(c), IC 6-8.1-3-17(d),
IC 6-8.1-3-17(e), IC 6-8.1-3-17(f), IC 6-8.1-5-2, and section 2.1(k) of
this chapter, the department may not waive the interest imposed under
this section.
(f) Subsections (a) through (c) do not apply to a motor carrier fuel
tax return.
SECTION 106. IC 6-8.1-10-12, AS AMENDED BY P.L.213-2015,
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SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. (a) This section applies to a penalty related to
a tax liability to the extent that the:
(1) tax liability is for a listed tax;
(2) tax liability was due and payable, as determined under
IC 6-8.1-3-17(d), IC 6-8.1-3-17(e), for a tax period ending before
January 1, 2013;
(3) department establishes an amnesty program for the tax
liability under IC 6-8.1-3-17(c);
(4) individual or entity from which the tax liability is due was
eligible to participate in the amnesty program described in
subdivision (3); and
(5) tax liability is not paid:
(A) in conformity with a payment program acceptable to the
department that provides for payment of the unpaid listed
taxes in full in the manner and time established in a written
payment program agreement entered into between the
department and the taxpayer under IC 6-8.1-3-17(c); or
(B) if clause (A) does not apply, before the end of the amnesty
period established by the department.
(b) Subject to subsection (c), if a penalty is imposed or otherwise
calculated under any combination of:
(1) IC 6-8.1-1-8;
(2) section 2.1 of this chapter;
(3) section 3 of this chapter;
(4) section 3.5 of this chapter;
(5) section 4 of this chapter;
(6) section 5 of this chapter;
(7) section 6 of this chapter;
(8) section 7 of this chapter;
(9) section 9 of this chapter; or
(10) IC 6-6;
an additional penalty is imposed under this section. The amount of the
additional penalty imposed under this section is equal to the sum of the
penalties imposed or otherwise calculated under the provisions listed
in subdivisions (1) through (10).
(c) The additional penalty provided by subsection (b) does not apply
if all of the following apply:
(1) The department imposes a penalty on a taxpayer or otherwise
calculates the penalty under the provisions described in
subsection (b)(1) through (b)(10).
(2) The taxpayer against whom the penalty is imposed:
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(A) timely files an original tax appeal in the tax court under
IC 6-8.1-5-1; and
(B) contests the department's imposition of the penalty or the
tax on which the penalty is based.
(3) The taxpayer meets all other jurisdictional requirements to
initiate the original tax appeal.
(4) Either the:
(A) tax court enjoins collection of the penalty or the tax on
which the penalty is based under IC 33-26-6-2; or
(B) department consents to an injunction against collection of
the penalty or tax without entry of an order by the tax court.
(d) The additional penalty provided by subsection (b) does not apply
if the taxpayer:
(1) has a legitimate hold on making the payment as a result of an
audit, bankruptcy, protest, taxpayer advocate action, or another
reason permitted by the department;
(2) had established a payment plan with the department before
May 12, 2015; or
(3) verifies with reasonable particularity that is satisfactory to the
commissioner that the taxpayer did not ever receive notice of the
outstanding tax liability.
SECTION 107. IC 6-9-3-3.5, AS AMENDED BY P.L.152-2021,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3.5. (a) Before January 1 of each year, the board
of managers shall annually publish a financial report summarizing the
income and expenses of the board of managers for the previous twelve
(12) months.
(b) The report required by subsection (a) must be published two (2)
times, one (1) week apart:
(1) with each publication of the report in a daily or weekly
newspaper published in the English language and of general
circulation in both Clark County and Floyd County; or
(2) with the first publication of the report in a newspaper
described in subdivision (1) and the second publication of the
report:
(A) in accordance with IC 5-3-5; and
(B) on the board's official web site. website.
(c) Before January 1 of each year, the board of managers shall
prepare a written report generally summarizing the board's activities for
the previous twelve (12) months. The report shall be made available on
an Internet web site a website maintained by the board of managers.
SECTION 108. IC 6-9-31-2, AS AMENDED BY P.L.9-2024,
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SECTION 244, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2. (a) After January 1, but before
June 1, the city-county council may adopt an ordinance to impose a
supplemental tax, known as the capital improvement board revenue
replacement supplemental tax, only for the purpose of replacing
revenue lost as a result of the withdrawal by the consolidated city or the
capital improvement board from a contract providing another entity
with the right to name a facility owned by the capital improvement
board under IC 36-10-9, the county convention and recreational
facilities authority under IC 36-10-9.1, or the consolidated city, in
response to the entity displacing at least:
(1) four hundred (400) jobs in the consolidated city; or
(2) one thousand (1,000) jobs within the state;
to another country, if the city-county council determines the revenue
must be replaced.
(b) The city-county council may adopt an ordinance to impose a
supplemental tax on any one (1) or all of the following:
(1) The innkeeper's tax under IC 6-9-8.
(2) The admissions tax under IC 6-9-13. and
(3) The supplemental auto rental excise tax under IC 6-6-9.7.
(c) The revenue replacement supplemental tax is in addition to the
state gross retail tax and use tax imposed by IC 6-2.5. The county fiscal
body may adopt an ordinance to require that the tax shall be paid
monthly to the county treasurer, and in the case of the admissions tax
and the supplemental auto rental excise tax, reported on forms
approved by the county treasurer. If such an ordinance is adopted, the
tax shall be paid to the county treasurer not more than twenty (20) days
after the end of the month the tax is collected. If such an ordinance is
not adopted, the tax shall be imposed, paid, and collected in exactly the
same manner as the state gross retail tax is imposed, paid, and collected
under IC 6-2.5.
(d) All of the provisions of IC 6-2.5 relating to rights, duties,
liabilities, procedures, penalties, definitions, and administration shall
be applicable to the imposition and administration of the tax imposed
by this section except to the extent these provisions are in conflict or
inconsistent with the specific provisions of this chapter or the
requirements of the county treasurer. Specifically, and not in limitation
of the preceding sentence, "person" and "gross income" have the same
meaning in this section as the terms have in IC 6-2.5.
(e) If the tax is paid to the department of state revenue, the returns
to be filed for the payment of the tax under this section may be either
by separate return or combined with the return filed for the payment of
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the state gross retail tax as the department of state revenue may
determine by rule.
(f) If the tax is paid to the department of state revenue, the amounts
received from this tax shall be paid monthly by the treasurer of state to
the treasurer of the capital improvement board of managers of the
county upon warrants issued by the state comptroller.
SECTION 109. IC 7.1-2-3-4.6, AS ADDED BY P.L.285-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4.6. (a) The commission shall prepare quarterly
reports that provide the violations by permittees subject to an
enforcement action under IC 7.1-5-7-17. The commission shall issue
the quarterly reports on or before the fifteenth day of:
(1) January, concerning violations committed during the
preceding quarter consisting of the months of October through
December;
(2) April, concerning violations committed during the preceding
quarter consisting of the months of January through March;
(3) July, concerning violations committed during the preceding
quarter consisting of the months of April through June; and
(4) October, concerning violations committed during the
preceding quarter consisting of the months of July through
September.
(b) The commission's quarterly report must provide noncompliance
violations by:
(1) business listing;
(2) permit type; and
(3) county.
(c) The commission shall post the quarterly reports on the
commission's Internet web site. website. The commission shall:
(1) prepare a report annually that compiles the violations for the
preceding calendar year; and
(2) provide the report to the legislative council not later than
February 1 of each year in an electronic format under IC 5-14-6.
SECTION 110. IC 7.1-3-1-5, AS AMENDED BY P.L.194-2021,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (b), an
application for a permit to sell alcoholic beverages of any kind, and the
required publication of notice, shall disclose the name of the applicant
and the specific address where the alcoholic beverages are to be sold,
and any assumed business name under which the business will be
conducted. The application and notice also shall disclose:
(1) the names of the president and secretary of the corporation,
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club, association, or organization who will be responsible to the
public for the sale of the alcoholic beverage if the applicant is a
corporation, club, association, or other type of organization; or
(2) the Internet web site website where a member of the public
may access the information in subdivision (1).
(b) An application for a permit may be processed by the commission
while the location of the permit premises is pending, upon a showing
of need by the permit applicant. Any permit issued by the commission
while the location of the permit premises is pending shall be placed
immediately on deposit with the commission under IC 7.1-3-1-3.5
section 3.5 of this chapter (before July 1, 2019) or (after June 30,
2019) IC 7.1-3-1.1 upon approval of the permit by the commission. If
a permit issued by the commission is deposited with the commission
under this subsection:
(1) the applicant must go before the local board for approval of
the applicant; and
(2) before making the permit active, the permittee must go before
the local board for approval of the location.
SECTION 111. IC 7.1-3-1-18, AS AMENDED BY P.L.285-2019,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 18. (a) Except as provided in subsections (d) and
(e), if publication of notice of application for a permit is required under
this title, the publication shall be made in one (1) newspaper of general
circulation published in the county where the permit is to be in effect.
(b) Publication required under subsection (a) may be made in any
newspaper of general circulation published one (1) or more times each
week.
(c) The rates which shall be paid for the advertising of a notice
required under this title shall be those required to be paid in case of
other notices published for or on behalf of the state.
(d) The commission may publish notice of application for a
three-way permit for a restaurant described in IC 7.1-3-20-12(4) by
posting the notice on the commission's Internet web site. website.
(e) If:
(1) the commission is unable to procure advertising of a notice as
required under subsection (a) at the rates set forth in IC 5-3-1; or
(2) the newspaper published in the county as described in
subsection (a) refuses to publish the notice;
the commission may, instead of publication in a newspaper as required
under subsection (a), require the designated member of the local board
of the county to post printed notices in three (3) prominent locations in
the county.
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SECTION 112. IC 7.1-3-1.6-7, AS ADDED BY P.L.269-2013,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. An online course must meet the following
requirements:
(1) Provide a process for participants to securely log in to the
course.
(2) Automatically log out participants after twenty (20) minutes
of inactivity and allow participants to resume the course at the
same point where they stopped.
(3) Provide intuitive:
(A) user navigation through the course; and
(B) user interface with the course.
(4) Use linear navigation that requires the completion of a module
before the course proceeds to the next module.
(5) Use an interactive course design.
(6) Provide participants with adequate access to a help desk to
resolve technical issues without delaying the flow of instruction.
(7) Provide that the course web site website may not allow
advertisements to appear on the course web site website while the
participant is receiving instruction, and provide that
advertisements that appear on the web site website when the
participant is not receiving instruction follow generally accepted
marketing practices.
SECTION 113. IC 8-1-2-42.5, AS AMENDED BY P.L.264-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 42.5. (a) The commission shall by rule or order,
consistent with the resources of the commission and the office of the
utility consumer counselor, require that the basic rates and charges of
all public, municipally owned, and cooperatively owned utilities
(except those utilities described in section 61.5 of this chapter) are
subject to a regularly scheduled periodic review and revision by the
commission. However, the commission shall conduct the periodic
review at least once every four (4) years and may not authorize a filing
for an increase in basic rates and charges more frequently than is
permitted by operation of section 42(a) of this chapter.
(b) The commission shall make the results of the commission's most
recent periodic review of the basic rates and charges of an electricity
supplier (as defined in IC 8-1-2.3-2(b)) available for public inspection
by posting a summary of the results on the commission's Internet web
site. website. If an electricity supplier whose basic rates and charges
are reviewed under this section maintains a publicly accessible Internet
web site, website, the electricity supplier shall provide a link on the
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electricity supplier's Internet web site website to the summary of the
results posted on the commission's Internet web site. website.
SECTION 114. IC 8-1-2.6-1.5, AS AMENDED BY P.L.107-2014,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.5. (a) In acting to impose any requirements or
set any prices concerning:
(1) interconnection with the facilities and equipment of providers
for purposes of 47 U.S.C. 251(c)(2);
(2) the resale of telecommunications service for purposes of 47
U.S.C. 251(c)(4); or
(3) the unbundled access of one (1) provider to the network
elements of another provider for purposes of 47 U.S.C. 251(c)(3);
the commission shall not exceed the authority delegated to the
commission under federal laws and regulations with respect to those
actions.
(b) Subject to any regulations adopted by the Federal
Communications Commission, this section does not affect:
(1) the commission's authority to mediate a dispute between
providers under 47 U.S.C. 252(a);
(2) the commission's authority to arbitrate a dispute between
providers under 47 U.S.C. 252(b);
(3) the commission's authority to approve an interconnection
agreement under 47 U.S.C. 252(e), including the authority to
establish service quality metrics and liquidated damages;
(4) the commission's authority to review and approve a provider's
statement of terms and conditions under 47 U.S.C. 252(f);
(5) a provider's ability to file a complaint with the commission to
have a dispute decided by the commission:
(A) after notice and hearing; and
(B) in accordance with this article; or
(6) the commission's authority to resolve an interconnection
dispute between providers under the expedited procedures set
forth in 170 IAC 7-7.
(c) If a provider's rates and charges for intrastate switched or special
access service are:
(1) at issue in a dispute that the commission is authorized to
mediate, arbitrate, or otherwise determine under state or federal
law; or
(2) included in an interconnection agreement or a statement of
terms and conditions that the commission is authorized to review
or approve under state or federal law;
the commission shall consider the provider's rates and charges for
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intrastate switched or special access service to be just and reasonable
if the intrastate rates and charges mirror the provider's interstate rates
and charges for switched or special access service.
(d) If the commission requires a provider to file a tariff for intrastate
switched access service, special access service, or any other service,
the filing of the tariff with the commission serves as the public notice
of the filing of the tariff. The commission shall provide the public with
notice of tariff filings through the commission's Internet web site
website or other electronic means.
SECTION 115. IC 8-1-2.6-13, AS AMENDED BY P.L.71-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. (a) As used in this section, "communications
service" has the meaning set forth in IC 8-1-32.5-3.
(b) As used in this section, "communications service provider"
means a person or an entity that offers communications service to
customers in Indiana, without regard to the technology or medium used
by the person or entity to provide the communications service. The
term includes a provider of commercial mobile service (as defined in
47 U.S.C. 332).
(c) Notwithstanding sections 1.2, 1.4, and 1.5 of this chapter, the
commission may do the following, except as otherwise provided in this
subsection:
(1) Enforce the terms of a settlement agreement approved by the
commission before July 29, 2004. The commission's authority
under this subdivision continues for the duration of the settlement
agreement.
(2) Fulfill the commission's duties under IC 8-1-2.8 concerning
the provision of dual party relay services to deaf, hard of hearing,
and speech impaired persons in Indiana.
(3) Fulfill the commission's responsibilities under IC 8-1-29 to
adopt and enforce rules to ensure that a customer of a
telecommunications provider is not:
(A) switched to another telecommunications provider unless
the customer authorizes the switch; or
(B) billed for services by a telecommunications provider that
without the customer's authorization added the services to the
customer's service order.
(4) Fulfill the commission's obligations under:
(A) the federal Telecommunications Act of 1996 (47 U.S.C.
151 et seq.); and
(B) IC 20-20-16;
concerning universal service and access to telecommunications
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service and equipment, including the designation of eligible
telecommunications carriers under 47 U.S.C. 214.
(5) Perform any of the functions described in section 1.5(b) of this
chapter.
(6) Perform the commission's responsibilities under IC 8-1-32.5
to:
(A) issue; and
(B) maintain records of;
certificates of territorial authority for communications service
providers offering communications service to customers in
Indiana.
(7) Perform the commission's responsibilities under IC 8-1-34
concerning the issuance of certificates of franchise authority to
multichannel video programming distributors offering video
service to Indiana customers.
(8) Subject to subsection (f), require a communications service
provider, other than a provider of commercial mobile service (as
defined in 47 U.S.C. 332), to report to the commission on an
annual basis, or more frequently at the option of the provider, any
information needed by the commission to prepare the
commission's annual report under IC 8-1-1-14(c)(4).
(9) Perform the commission's duties under IC 8-1-32.4 with
respect to telecommunications providers of last resort, to the
extent of the authority delegated to the commission under federal
law to perform those duties.
(10) Collect and maintain from a communications service
provider the following information:
(A) The address of the provider's Internet web site. website.
(B) All toll free telephone numbers and other customer service
telephone numbers maintained by the provider for receiving
customer inquiries and complaints.
(C) An address and other contact information for the provider,
including any telephone number not described in clause (B).
The commission shall make any information submitted by a
provider under this subdivision available on the commission's
Internet web site. website. The commission may also make
available on the commission's Internet web site website contact
information for the Federal Communications Commission and the
Cellular Telephone Industry Association.
(11) Fulfill the commission's duties under any state or federal law
concerning the administration of any universally applicable
dialing code for any communications service.
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(d) The commission does not have jurisdiction over any of the
following with respect to a communications service provider:
(1) Rates and charges for communications service provided by the
communications service provider, including the filing of
schedules or tariffs setting forth the provider's rates and charges.
(2) Depreciation schedules for any of the classes of property
owned by the communications service provider.
(3) Quality of service provided by the communications service
provider.
(4) Long term financing arrangements or other obligations of the
communications service provider.
(5) Except as provided in subsection (c), any other aspect
regulated by the commission under this title before July 1, 2009.
(e) The commission has jurisdiction over a communications service
provider only to the extent that jurisdiction is:
(1) expressly granted by state or federal law, including:
(A) a state or federal statute;
(B) a lawful order or regulation of the Federal
Communications Commission; or
(C) an order or a ruling of a state or federal court having
jurisdiction; or
(2) necessary to administer a federal law for which regulatory
responsibility has been delegated to the commission by federal
law.
(f) Except as specifically required under state or federal law, or
except as required to respond to consumer complaints or information
requests from the general assembly, the commission may not require
a communications service provider:
(1) to file a tariff; or
(2) except for purposes of a petition or request filed or submitted
to the commission by the communications service provider, to
report to the commission any information that is:
(A) available to the public on the communications service
provider's Internet web site; website;
(B) filed with the Federal Communications Commission; or
(C) otherwise available to the public in any form or at any
level of detail;
including the communications service provider's rates, terms, and
conditions of service.
SECTION 116. IC 8-1-8.5-2.1, AS ADDED BY P.L.2-2023,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2.1. (a) This section does not apply to the
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retirement, sale, or transfer of:
(1) a public utility's electric generation facility if the retirement,
sale, or transfer is necessary in order for the public utility to
comply with a federal consent decree; or
(2) an electric generation facility that generates electricity for sale
exclusively to the wholesale market.
(b) A public utility shall notify the commission if:
(1) the public utility intends or decides to retire, sell, or transfer
an electric generation facility with a capacity of at least eighty
(80) megawatts; and
(2) the retirement, sale, or transfer:
(A) was not set forth in; or
(B) is to take place on a date earlier than the date specified in;
the public utility's short term action plan in the public utility's
most recently filed integrated resource plan.
(c) Upon receiving notice from a public utility under subsection (b),
the commission shall consider and may investigate, under IC 8-1-2-58
through IC 8-1-2-60, the public utility's intention or decision to retire,
sell, or transfer the electric generation facility. In considering the public
utility's intention or decision under this subsection, the commission
shall examine the impact the retirement, sale, or transfer would have on
the public utility's ability to meet:
(1) the public utility's planning reserve margin requirements or
other federal reliability requirements that the public utility is
obligated to meet, as described in section 13(i)(4) 13(l)(4) of this
chapter; and
(2) the reliability adequacy metrics set forth in section 13(e) 13(g)
of this chapter.
(d) Before July 1, 2026, if:
(1) a public utility intends or decides to retire, sell, or transfer an
electric generation facility with a capacity of at least eighty (80)
megawatts; and
(2) the retirement, sale, or transfer:
(A) was not set forth in; or
(B) is to take place on a date earlier than the date specified in;
the public utility's short term action plan in the public utility's
most recently filed integrated resource plan;
the commission shall not permit the public utility's depreciation rates,
as established under IC 8-1-2-19, to be amended to reflect the
accelerated date for the retirement, sale, or transfer of the electric
generation asset unless the commission finds that such an adjustment
is necessary to ensure the ability of the public utility to provide reliable
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service to its customers, and that the unamended depreciation rates
would cause an unjust and unreasonable impact on the public utility
and its ratepayers.
(e) The commission may issue a general administrative order to
implement this section.
(f) This section expires July 1, 2026.
SECTION 117. IC 8-1-8.5-10, AS ADDED BY P.L.246-2015,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) For purposes of this section, "electricity
supplier" means a public utility (as defined in IC 8-1-2-1) that furnishes
retail electric service to customers in Indiana. The term does not
include a utility that is:
(1) a municipally owned utility (as defined in IC 8-1-2-1(h));
(2) a corporation organized under IC 8-1-13;
(3) a corporation organized under IC 23-17 that is an electric
cooperative and that has at least one (1) member that is a
corporation organized under IC 8-1-13; or
(4) a joint agency created under IC 8-1-2.2-8.
(b) For purposes of this section, "energy efficiency" means a
reduction in electricity use for a comparable level of electricity service.
(c) For purposes of this section, "energy efficiency goals" means all
energy efficiency produced by cost effective plans that are:
(1) reasonably achievable;
(2) consistent with an electricity supplier's integrated resource
plan; and
(3) designed to achieve an optimal balance of energy resources in
an electricity supplier's service territory.
(d) For purposes of this section, "energy efficiency program" or
"program" means a program that is:
(1) sponsored by an electricity supplier; and
(2) designed to implement energy efficiency improvements.
The term does not include a program designed primarily to reduce
demand for limited intervals of time, such as during peak electricity
usage or emergency conditions.
(e) For purposes of this section, "lost revenues" means the
difference, if any, between:
(1) revenues lost; and
(2) the variable operating and maintenance costs saved;
by an electricity supplier as a result of implementing energy efficiency
programs.
(f) For purposes of this section, "plan" refers to the goals, programs,
program budgets, program costs, and procedures submitted by an
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electricity supplier to the commission under subsection (h).
(g) For purposes of this section, "program costs" include the
following:
(1) Direct and indirect costs of energy efficiency programs.
(2) Costs associated with the evaluation, measurement, and
verification of program results.
(3) Other recoveries or incentives approved by the commission,
including lost revenues and financial incentives approved by the
commission under subsection (o).
(h) Beginning not later than calendar year 2017, and not less than
one (1) time every three (3) years, an electricity supplier shall petition
the commission for approval of a plan that includes:
(1) energy efficiency goals;
(2) energy efficiency programs to achieve the energy efficiency
goals;
(3) program budgets and program costs; and
(4) evaluation, measurement, and verification procedures that
must include independent evaluation, measurement, and
verification.
An electricity supplier may submit a plan required under this
subsection to the commission for a determination of the overall
reasonableness of the plan either as part of a general basic rate
proceeding or as an independent proceeding. A petition submitted
under this subsection may include a home energy efficiency assistance
program for qualified customers of the electricity supplier whether or
not the program is cost effective. The commission shall make the
petition and its disclosable contents available through the commission's
Internet web site. website.
(i) At the same time an electricity supplier petitions the commission
under subsection (h), the electricity supplier shall:
(1) provide a copy of the petition and plan to the office of utility
consumer counselor; and
(2) post an electronic copy of the petition and plan on the
electricity supplier's Internet web site. website. The electricity
supplier may redact confidential or proprietary information.
(j) In making a determination of the overall reasonableness of a plan
submitted under subsection (h), the commission shall consider the
following:
(1) Projected changes in customer consumption of electricity
resulting from the implementation of the plan.
(2) A cost and benefit analysis of the plan, including the
likelihood of achieving the goals of the energy efficiency
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programs included in the plan.
(3) Whether the plan is consistent with the following:
(A) The state energy analysis developed by the commission
under section 3 of this chapter.
(B) The electricity supplier's most recent long range integrated
resource plan submitted to the commission.
(4) The inclusion and reasonableness of procedures to evaluate,
measure, and verify the results of the energy efficiency programs
included in the plan, including the alignment of the procedures
with applicable environmental regulations, including federal
regulations concerning credits for emission reductions.
(5) Any undue or unreasonable preference to any customer class
resulting, or potentially resulting, from the implementation of an
energy efficiency program or from the overall design of a plan.
(6) Comments provided by customers, customer representatives,
the office of utility consumer counselor, and other stakeholders
concerning the adequacy and reasonableness of the plan,
including alternative or additional means to achieve energy
efficiency in the electricity supplier's service territory.
(7) The effect, or potential effect, in both the long term and the
short term, of the plan on the electric rates and bills of customers
that participate in energy efficiency programs compared to the
electric rates and bills of customers that do not participate in
energy efficiency programs.
(8) The lost revenues and financial incentives associated with the
plan and sought to be recovered or received by the electricity
supplier.
(9) The electricity supplier's current integrated resource plan and
the underlying resource assessment.
(10) Any other information the commission considers necessary.
(k) If, after notice and hearing, the commission determines that an
electricity supplier's plan is reasonable in its entirety, the commission
shall:
(1) approve the plan in its entirety;
(2) allow the electricity supplier to recover all associated program
costs on a timely basis through a periodic rate adjustment
mechanism; and
(3) allocate and assign costs associated with a program to the
class or classes of customers that are eligible to participate in the
program.
(l) If, after notice and hearing, the commission determines that an
electricity supplier's plan is not reasonable because the costs associated
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with one (1) or more programs included in the plan exceed the
projected benefits of the program or programs, the commission:
(1) may exclude the program or programs and approve the
remainder of the plan; and
(2) shall allow the electricity supplier to recover only those
program costs associated with the portion of the plan approved
under subdivision (1) on a timely basis through a periodic rate
adjustment mechanism.
(m) If, after notice and hearing, the commission determines that an
electricity supplier's plan is not reasonable in its entirety, the
commission shall issue an order setting forth the reasons supporting its
determination. The electricity supplier shall submit a modified plan
within a reasonable time. After notice and hearing, the commission
shall issue an order approving or denying the modified plan. If the
commission approves the modified plan, the commission shall allow
the electricity supplier to recover program costs associated with the
modified plan on a timely basis through a periodic rate adjustment
mechanism.
(n) The commission may not:
(1) require an energy efficiency program to be implemented by a
third party administrator; or
(2) in making a determination of reasonableness under subsection
(j), consider whether a third party administrator implements an
energy efficiency program.
(o) If the commission finds a plan submitted by an electricity
supplier under subsection (h) to be reasonable, the commission shall
allow the electricity supplier to recover or receive the following:
(1) Reasonable financial incentives that:
(A) encourage implementation of cost effective energy
efficiency programs; or
(B) eliminate or offset regulatory or financial bias:
(i) against energy efficiency programs; or
(ii) in favor of supply side resources.
(2) Reasonable lost revenues.
A retail rate adjustment mechanism proposed by an electricity supplier
under this section to implement the timely recovery of program costs
(including reasonable lost revenues) may be based on a reasonable
forecast, with consideration given to the electricity supplier's historical
lost revenue forecasting accuracy. If forecasted data is used, the retail
rate adjustment mechanism must include a reconciliation mechanism
to correct for any variance between the forecasted program costs
(including reasonable lost revenues and financial incentives) and the
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actual program costs (including reasonable lost revenues and financial
incentives based on the evaluation, measurement, and verification of
the energy efficiency programs under the plan).
(p) An industrial customer (as defined in section 9(e) of this
chapter) may opt out of an electricity supplier's plan under this section
by following the procedure set forth in section 9(f) and 9(g) of this
chapter. The opt out of an industrial customer who has previously
complied with the procedure set forth in section 9(f) of this chapter
constitutes an opt out of an electricity supplier's plan under this section.
An industrial customer may follow the procedure set forth in section
9(g) of this chapter to opt back in.
(q) The commission shall adopt:
(1) rules under IC 4-22-2; or
(2) guidelines;
to assist electricity suppliers and industrial customers in complying
with this section.
SECTION 118. IC 8-1-22.6-10, AS ADDED BY P.L.110-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) The pipeline company shall provide the
division with a list of landowners that will be affected by the proposed
construction of a pipeline or a segment of a pipeline in Indiana. The list
must include all affected landowners that the pipeline company must
provide notice to under IC 32-24-1-3(g).
(b) The division shall send, by certified mail, the following to each
affected landowner:
(1) A copy of, or reference to, the guidelines adopted by the
division.
(2) A notice that includes the following:
(A) A statement that the division has adopted the pipeline
construction guidelines included with, or referenced in, the
notice.
(B) A statement indicating that the pipeline construction
guidelines have been mailed to the pipeline company. The
statement required by this clause must specify a date after
which the affected landowner may contact a toll free telephone
number established by the division to provide information on
the status of any construction guidelines agreed to by the
pipeline company.
(C) A statement indicating that any guidelines agreed to by the
pipeline company shall not be binding on the pipeline
company or affected landowners but may be used by the
pipeline company and an individual landowner to simplify
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negotiations involved in establishing a price for any:
(i) easement; or
(ii) other interest in land;
needed by the pipeline company to construct the pipeline.
(D) A statement encouraging the affected landowner to agree
to any construction guidelines that the pipeline company
agrees to follow, to the extent that the landowner determines
that the guidelines are not contrary to the landowner's best
interests.
(E) A statement including:
(i) contact information for the one (1) or more project
coordinators designated by the division under section 12 of
this chapter;
(ii) contact information for the Federal Energy Regulatory
Commission, including a local or toll free telephone
number; and
(iii) the commission's web site website address.
(c) The division shall mail the information required under
subsection (b) not later than twenty (20) days after the division is
notified by the pipeline company of the proposed route and is provided
with a list of the affected landowners as required by subsection (a).
SECTION 119. IC 8-1-22.6-12, AS ADDED BY P.L.110-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. For each proposed or ongoing pipeline project
in Indiana, the director of the division shall designate one (1) or more
employees of the division to serve as project coordinators for the
division. The director shall ensure that one (1) or more of the
coordinators designated under this section are responsible for the
following duties concerning the project:
(1) Monitoring all:
(A) filings with; and
(B) proceedings before;
the Federal Energy Regulatory Commission.
(2) Attending all public hearings or meetings concerning the
project that are held in Indiana.
(3) Receiving and responding to questions and complaints about
the project from Indiana residents.
(4) Updating the information required to be made available on the
commission's web site website under section 13 of this chapter.
(5) Any other duties assigned by the director of the division.
SECTION 120. IC 8-1-22.6-13, AS ADDED BY P.L.110-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2025]: Sec. 13. (a) The division shall make the following
available on the commission's web site: website:
(1) A link to the guidelines adopted by the division.
(2) For each proposed or ongoing pipeline construction project in
Indiana, the following information:
(A) A description of the pipeline company and the pipeline
project, including:
(i) the pipeline's location, purpose, and construction
schedule; and
(ii) the docket number assigned to the project by the Federal
Energy Regulatory Commission.
(B) Contact information for the pipeline company, including
a local or toll free telephone number.
(C) Contact information for the Federal Energy Regulatory
Commission, including a local or toll free telephone number.
(D) Contact information for the one (1) or more project
coordinators designated under section 12 of this chapter to
receive and respond to questions and complaints from Indiana
residents.
(E) Information on public hearings or meetings that are
scheduled in connection with the pipeline project.
(F) Other information concerning the pipeline project that the
division considers relevant or of likely concern to Indiana
residents.
(b) The division shall update the information required under
subsection (a)(1) whenever:
(1) one (1) or more guidelines adopted by the division are revised
or superseded by the division; or
(2) one (1) or more new guidelines are adopted by the division.
(c) The division shall update the information required under
subsection (a)(2) on a regular basis throughout the course of a pipeline
project. The division shall ensure that all information on the division's
web site website concerning a pipeline project is accurate, current, and
accessible. The director of the division shall assign the responsibility
of complying with this subsection to one (1) or more project
coordinators designated under section 12 of this chapter.
SECTION 121. IC 8-1-31.6-6, AS AMENDED BY P.L.6-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) As used in this section, "occupant", with
respect to any:
(1) building;
(2) structure; or
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(3) dwelling;
that is served by a lead service line, means a person in actual
possession of and residing in or occupying the building, structure, or
dwelling.
(b) As used in this section, "owner", with respect to any:
(1) building;
(2) structure; or
(3) dwelling;
that is served by a lead service line, means a person who has legal title
to the building, structure, or dwelling, as indicated by the property tax
records of the county in which the property is located, or by the account
or other customer or billing records maintained by the water utility with
respect to the property, regardless of whether the person is in actual
possession of and residing in or occupying the building, structure, or
dwelling.
(c) Before a water utility is authorized to include customer lead
service line improvements as eligible infrastructure improvements for
purposes of IC 8-1-31, for a public utility, or for purposes of this
chapter, for a municipally owned utility, the commission must first
approve the water utility's plan for the replacement of the customer
owned portion of the lead service lines within or connected to the water
utility's system. The water utility's plan must address the following:
(1) The availability of grants or low interest loans and how the
water utility plans to use available grants or low interest loans to
help the water utility finance or reduce the cost of the customer
lead service line improvements for the water utility and the water
utility's customers, including any arrangements for the customer
to receive available grants or financing directly.
(2) A description of how the replacement of customer owned lead
service lines will be accomplished in conjunction with
distribution system infrastructure replacement projects.
(3) The estimated savings in costs per service line that would be
realized by the water utility replacing the customer owned portion
of the lead service lines versus the anticipated replacement costs
if customers were required to replace the customer owned portion
of the lead service lines.
(4) The number of lead mains and lead service lines estimated to
be part of the water utility's system.
(5) A range for the number of customer owned lead service lines
estimated to be replaced annually.
(6) A range for the total feet of lead mains estimated to be
replaced annually.
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(7) The water utility's proposal for addressing the costs of unusual
site restoration work necessitated by structures or improvements
located above the customer owned portion of the lead service
lines.
(8) The water utility's proposal for communicating with the
customer the availability of the water utility's plan to replace the
customer owned portion of the lead service line in conjunction
with the water utility's replacement of the utility owned portion of
the lead service line.
(9) The water utility's proposal concerning whether the water
utility or the customer will be responsible for future replacement
or repair of the portion of the new service line corresponding to
the previous customer owned lead service line.
(10) The estimated total cost to replace all customer owned
portions of the lead service lines within or connected to the water
utility's system and an estimated range for the annual cost to be
incurred by the water utility under the water utility's plan.
(d) Notwithstanding the terms of a water utility's plan for the
replacement of the customer owned portion of the lead service lines
within or connected to the water utility's system, the following apply to
the owner of a building, structure, or dwelling that is served by a
customer owned lead service line within or connected to the water
utility's system:
(1) Upon request by the water utility, the owner of a building,
structure, or dwelling, other than a multi-family residential
property that contains more than four (4) dwelling units, shall
replace, or cause to be replaced, the customer owned portion of
the lead service line by either of the following methods:
(A) Enrolling in the lead service line replacement program
offered by the water utility and, after enrolling, allowing the
water utility or the water utility's agents to access the owner's
property, at no cost to the water utility, to conduct the
replacement in accordance with the water utility's plan.
(B) Replacing the customer owned portion of the lead service
line through the owner's own agents or contractors and at the
owner's own expense. If the owner elects to replace the
customer owned portion of the lead service line under this
clause, the replacement must be completed not later than
forty-five (45) days after the water utility first communicates
to the owner the availability of the water utility's program to
replace the customer owned portion of the lead service line.
(2) If the owner of a building, structure, or dwelling, other than a
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multi-family residential property that contains more than four (4)
dwelling units:
(A) does not enroll in the lead service line replacement
program offered by the water utility;
(B) does not replace the customer owned portion of the lead
service line through the owner's own agents or contractors and
at the owner's own expense within the forty-five (45) day
period described in subdivision (1)(B); or
(C) fails to communicate with the water utility, or is
nonresponsive to the water utility's attempted communications,
regarding the replacement of the customer owned portion of
the lead service line;
the water utility or the water utility's agent may, after the
expiration of the forty-five (45) day period described in
subdivision (1)(B), enter the property to replace the customer
owned portion of the lead service line without having obtained the
permission of the owner with respect to the entry or the
replacement. A water utility, including an agent of the water
utility, that enters an owner's property and conducts a replacement
under this subdivision shall be held harmless by and is not liable
to the owner with respect to the entry or the replacement. If the
property is occupied by an occupant other than the owner, and the
occupant grants the water utility or the water utility's agent access
to the property to conduct a replacement under this subdivision,
the occupant shall also be held harmless by and is also not liable
to the owner with respect to the entry or the replacement.
Notwithstanding the terms of the water utility's plan for the
replacement of customer owned lead service lines, a water utility
that conducts a replacement under this subdivision is not liable
for any property restoration costs necessitated by the replacement
and that exceed five hundred dollars ($500). The owner is
responsible for the completion and cost of any property
restoration work necessitated by the replacement and exceeding
the five hundred dollar ($500) limit set forth in this subdivision.
A water utility that enters an owner's property as permitted under
this subdivision is not liable to the owner for any cost for access
to, or for an easement on, the property.
(3) Upon request by the water utility, the owner of a multi-family
residential property that contains more than four (4) dwelling
units may elect to participate in the water utility's lead service line
replacement program. An owner shall communicate to the water
utility the owner's election to participate in the water utility's
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program under this subdivision not later than forty-five (45) days
after receiving the water utility's request. If the owner does not
communicate the owner's election to participate in the water
utility's program within the forty-five (45) day period set forth in
this subdivision, the owner, or any future owner of the property,
is responsible for replacing the customer owned portion of the
lead service line through the owner's own agents or contractors
and at the owner's own expense.
(4) In any case in which the conditions set forth in subdivision (2)
apply and in which the water utility attempts to avail itself of the
remedies set forth in subdivision (2) but is prevented from doing
so by the owner of the property, the water utility may, in
accordance with state law and rules adopted by the commission,
disconnect water service to the property. Before water service
may be restored to the property, the owner must provide the water
utility with proof that:
(A) the owner has enrolled in the water utility's lead service
line replacement program under subdivision (1)(A); or
(B) the customer owned service line has been replaced in
accordance with subdivision (1)(B).
(5) In the case of any:
(A) building;
(B) structure; or
(C) dwelling;
that the water utility has determined, in accordance with any
applicable law, to be abandoned or unserviceable, the water utility
may disconnect water service to the property and require the
owner, or any future owner, of the property to install a new
service line through the owner's own agents or contractors and at
the owner's own expense.
(6) The provisions set forth in this subsection may be
incorporated into a water utility's plan that has been previously
approved by the commission under this section. A water utility
that incorporates the provisions set forth in this subsection into a
previously approved plan is not required to obtain any additional
approval from the commission with respect to the incorporated
provisions.
(e) The commission shall approve a water utility's plan if the
commission finds the plan to be reasonable and in the public interest.
Subject to subsection (f), in general rate cases following the approval
of a public utility's plan, the commission shall for ratemaking purposes
add to the value of the public utility's property for purposes of
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IC 8-1-2-6 the actual costs incurred by the public utility in replacing
the customer owned portion of the lead service lines and in removing
customer owned lead service lines from service in accordance with the
public utility's plan, notwithstanding the continued ownership of the
service line by the customer.
(f) To the extent a water utility incurs an annual cost under the water
utility's plan in excess of the range set forth in subsection (c)(10) and
approved by the commission under subsection (e), the additional costs
are not eligible for the ratemaking treatment provided for in this section
or in section 7, 8, or 10 of this chapter.
SECTION 122. IC 8-1-32.3-15, AS AMENDED BY P.L.9-2022,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 15. (a) This chapter applies to permits issued by
a permit authority to a communications service provider, under local
law and consistent with IC 36-7, for the following:
(1) Construction of a new wireless support structure.
(2) Substantial modification of a wireless support structure.
(3) Collocation of wireless facilities on an existing structure.
(4) Construction, placement, and use of small cell facilities.
(b) A permit authority may not require an application or a permit
for, or charge fees for, any of the following:
(1) The routine maintenance of wireless facilities.
(2) The replacement of wireless facilities with wireless facilities
that are:
(A) substantially similar to; or
(B) the same size or smaller than;
the wireless facilities being replaced.
(3) The installation, placement, maintenance, or replacement of
micro wireless facilities that are suspended on cables strung
between existing utility poles in compliance with applicable codes
by a communications service provider that is authorized to use the
public rights-of-way. For purposes of this subdivision, "applicable
codes" means uniform building, fire, electrical, plumbing, or
mechanical codes that are:
(A) adopted by a recognized national code organization; and
(B) enacted solely to address imminent threats of destruction
of property or injury to persons;
including any local amendments to those codes.
(c) With respect to the construction, placement, or use of a small
cell facility and the associated supporting structure, a permit authority
may prohibit the placement of a new utility pole or a new wireless
support structure in a right-of-way within an area that is designated
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strictly for underground or buried utilities, if all of the following apply:
(1) The area is designated strictly for underground or buried
utilities before May 1, 2017.
(2) No above ground:
(A) wireless support structure;
(B) utility pole; or
(C) other utility superstructure;
other than light poles or small cell facilities approved as part of a
waiver process described in subdivision (3)(C), exists in the area.
(3) The permit authority does all of the following:
(A) Allows the collocation of small cell facilities on existing:
(i) utility poles;
(ii) light poles; and
(iii) wireless support structures;
as a permitted use within the area.
(B) Allows the replacement or improvement of existing:
(i) utility poles;
(ii) light poles; and
(iii) wireless support structures;
as a permitted use within the area.
(C) Provides:
(i) a waiver;
(ii) a zoning process; or
(iii) another procedure;
that addresses requests to install new utility poles or new
wireless support structures within the area.
(D) Upon receipt of an application for the construction,
placement, or use of a small cell facility on one (1) or more
new utility poles or one (1) or more new wireless support
structures in an area that is designated strictly for underground
or buried utilities, posts notice of the application on the permit
authority's Internet web site, website, if the permit authority
maintains an Internet web site. a website. The notice of the
application required by this clause must include a statement
indicating that the application is available to the public upon
request.
(4) The prohibition or other restrictions with respect to the
placement of new utility poles or new wireless support structures
within the area are applied in a nondiscriminatory manner.
(5) The area is zoned strictly for residential land use before May
1, 2017.
(d) With respect to applications for the placement of one (1) or more
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small cell facilities in an area that is zoned strictly for residential land
use, and that is designated strictly for underground or buried utilities,
a permit authority shall allow a neighborhood association or a
homeowners association to register with the permit authority to:
(1) receive notice; and
(2) request that homeowners within the jurisdiction of the
neighborhood association or homeowners association receive
notice;
by United States mail or by electronic mail of any application filed with
the permit authority for a permitted use described in subsection
(c)(3)(A) or (c)(3)(B) or for the construction, placement, or use of a
small cell facility on one (1) or more new utility poles or one (1) or
more new wireless support structures in an area that is designated
strictly for underground or buried utilities and that is within the
jurisdiction of the neighborhood association or homeowners
association. If the permit authority maintains an Internet web site, a
website, the permit authority shall post on the permit authority's
Internet web site website instructions for how a neighborhood
association or homeowners association may register to receive notice
under this subsection. A permit authority that receives a request under
subdivision (2) may agree to provide notice to homeowners regarding
a project for which applications described in this subsection have been
filed with the permit authority, but not provide notice to homeowners
regarding each permit application filed with the permit authority with
respect to the project. A permit authority that receives a request under
subdivision (2) may agree to provide notice only to certain
homeowners. A permit authority may require a neighborhood
association, homeowners association, or homeowner to pay the cost of
postage associated with the mailed provision of notice to the
neighborhood association, homeowners association, or homeowner
under this subsection. A permit authority that chooses to provide
mailed notice under this subsection at its own cost may choose to pass
those costs along to a permit applicant. Any mailing costs passed
through to an applicant under this subsection are not in addition to the
application fee, and shall not increase the application fee beyond the
limit set forth in section 26(a)(3) of this chapter. A permit authority
may not pass through to an applicant any costs for notices provided
electronically.
(e) This subsection does not apply to an application for a permitted
use described in subsection (c)(3)(A) or (c)(3)(B). With respect to an
area that is designated strictly for underground or buried utilities in
accordance with subsection (c), to establish the standards that will
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apply in a waiver, zoning process, or other procedure described in
subsection (c)(3)(C), a permit authority may collaborate with a
neighborhood association or a homeowners association on the preferred
location and reasonable aesthetics of new utility poles or new wireless
support structures added within the jurisdiction of the neighborhood
association or homeowners association. For purposes of this
subsection, a permit authority is considered to have collaborated with
a neighborhood association or a homeowners association if the permit
authority adopts neighborhood specific guidelines after providing
notice and allowing public comment on the proposed guidelines. A
permit authority must comply with any guidelines adopted under this
subsection with respect to a particular application for a permit if:
(1) the guidelines have been adopted and published before the
filing of the application in a manner consistent with this
subsection;
(2) subject to subsection (f), compliance with the guidelines is
technically feasible and cost-efficient, as determined by the
applicant; and
(3) compliance with the guidelines does not result in a prohibition
of the applicant's service or an effective prohibition of the
applicant's service.
A permit authority that elects not to collaborate with a neighborhood
association or a homeowners association to adopt neighborhood
specific guidelines under this subsection is not precluded from using
the waiver, zoning process, or other procedure described in subsection
(c)(3)(C) with respect to any application to place one (1) or more new
utility poles or new wireless support structures within the jurisdiction
of the neighborhood association or homeowners association.
(f) In demonstrating that compliance with guidelines adopted by a
permit authority under subsection (e) is not technically feasible under
subsection (e)(2), a permit applicant may not be required to submit
information about the need for a small cell facility or the associated
wireless support structure, including:
(1) information about additional wireless coverage or capacity, or
increased wireless speeds;
(2) propagation maps or telecommunications traffic studies; or
(3) information about the permit applicant's business decisions
with respect to:
(A) service;
(B) customer demand; or
(C) quality of service;
to or from a particular area or site.
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(g) Subject to section 26(b) of this chapter, with respect to the
construction, placement, or use of a small cell facility and the
associated supporting structure within an area:
(1) designated as a historic preservation district under IC 36-7-11;
(2) designated as a historic preservation area under IC 36-7-11.1;
or
(3) that is subject to the jurisdiction of the Meridian Street
preservation commission under IC 36-7-11.2;
a permit authority may apply any generally applicable procedures that
require applicants to obtain a certificate of appropriateness.
(h) An applicant for the placement of a small cell facility and an
associated supporting structure shall comply with applicable:
(1) Federal Communications Commission requirements; and
(2) industry standards;
for identifying the owner's name and contact information.
(i) A resolution, ordinance, or other regulation:
(1) adopted by a permit authority after April 14, 2017, and before
May 2, 2017; and
(2) that designates an area within the jurisdiction of the permit
authority as strictly for underground or buried utilities;
applies only to communications service providers and those geographic
areas that are zoned residential and where all existing utility
infrastructure is already buried.
(j) Nothing in this section extends the time periods set forth in
section 20 of this chapter.
SECTION 123. IC 8-1-34-30, AS AMENDED BY P.L.177-2018,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 30. (a) As used in this section, "designated
employee" means a holder's:
(1) employee; or
(2) authorized agent;
whom the holder designates or will designate to receive direct
marketing authority.
(b) As used in this section, "direct marketing authority" means the
authority granted by the commission to a holder to market any service
or product offered by the holder directly to all households and
businesses in a service area served by the holder.
(c) As used in this section, "political subdivision" has the meaning
set forth in IC 36-1-2-13.
(d) A holder may apply to the commission, in the manner and form
prescribed by the commission, for direct marketing authority. An
application must include the following information with respect to each
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designated employee of the holder:
(1) Name.
(2) Home address.
(3) Driver's license number.
(4) A certification described in subsection (e)(1).
(e) In an application under subsection (d), a holder shall include the
following:
(1) A certification by the holder that each designated employee
satisfies the following requirements:
(A) The employee is at least eighteen (18) years of age.
(B) The employee has a high school diploma or the equivalent
of a high school diploma.
(C) The employee has not been convicted of a felony within
the seven (7) years immediately preceding the date of the
application.
(D) Within the seven (7) years immediately preceding the date
of the application, the employee has not been released from
incarceration after serving time for a felony conviction.
(E) The employee has not been convicted of:
(i) a misdemeanor involving fraud, deceit, or dishonesty;
(ii) a battery offense included in IC 35-42-2 as a
misdemeanor; or
(iii) two (2) or more misdemeanors involving the illegal use
of alcohol or the illegal sale, use, or possession of a
controlled substance;
within the five (5) years immediately preceding the date of the
application.
(F) The employee has a valid driver's license.
(2) Proof of financial responsibility.
(f) A holder may comply with subsection (e)(1) by submitting to the
commission a document signed by the holder in which the holder:
(1) identifies each designated employee by name, home address,
and driver's license number;
(2) certifies that each designated employee has been the subject
of a criminal history background check for each jurisdiction in the
United States in which the designated employee has lived or
worked within the seven (7) years immediately preceding the date
of the application; and
(3) affirms that the background check described in subdivision (2)
for each designated employee indicates that the designated
employee satisfies the requirements set forth in subsection (e)(1),
as applicable.
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(g) Not more than fifteen (15) days after the commission receives an
application under subsection (d), the commission shall determine
whether the application is complete and properly verified. If the
commission determines that the application is incomplete or not
properly verified, the commission shall notify the applicant holder of
the deficiency and allow the holder to resubmit the application after
correcting the deficiency. If the commission determines that the
application is complete and properly verified, the commission shall
issue an order granting the holder direct marketing authority. The order
must contain the following:
(1) The name of the holder.
(2) The names of designated employees of the holder.
(3) A grant of direct marketing authority to the holder and
designated employees of the holder.
(4) The date on which the order takes effect.
The commission shall provide public notice of an order granting direct
marketing authority under this subsection by posting the order on the
commission's Internet web site. website.
(h) A holder that has direct marketing authority shall notify the
commission in a timely manner of any changes to the holder's list of
designated employees. A designated employee may exercise direct
marketing authority immediately upon the holder's submission to the
commission of all information required under subsection (e)(1) with
respect to the designated employee.
(i) Only the commission is authorized to grant direct marketing
authority to a holder under this section. However, subject to subsection
(j), with respect to direct marketing activities in a holder's service area
within a political subdivision, this section does not prohibit a holder
from electing to:
(1) apply for marketing or solicitation authority directly from the
political subdivision; and
(2) exercise any marketing or solicitation authority under a
license, permit, or other authority granted by the political
subdivision before, on, or after June 30, 2013;
instead of applying for and exercising direct marketing authority
granted by the commission under this section.
(j) A political subdivision may not do any of the following:
(1) Require a holder that is granted direct marketing authority
from the commission under this section to also obtain marketing
or solicitation authority from the political subdivision in order to
engage in direct marketing in the holder's service area within the
political subdivision.
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(2) Impose any licensing requirement or fee on a holder in
connection with any direct marketing authority granted to the
holder by the commission under this section with respect to the
holder's service area within the political subdivision.
(3) Except as provided in subsection (k), otherwise regulate a
holder that is granted direct marketing authority from the
commission under this section and that engages in direct
marketing in the holder's service area within the political
subdivision.
(k) A political subdivision may enforce any ordinance or regulation
that:
(1) imposes restrictions as to the hours or manner in which direct
marketing activities may be performed in the political
subdivision; and
(2) applies uniformly to all persons engaging in direct marketing
or other soliciting in the political subdivision, regardless of:
(A) the product or service being marketed; or
(B) the type of business engaged in by the person engaging in
the direct marketing or other soliciting.
SECTION 124. IC 8-2-17-2, AS AMENDED BY P.L.152-2021,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. The legislative body shall not grant a license to
the applicant until satisfactory evidence is produced showing that the
application has been on file in the office of the city or town clerk for
not less than fourteen (14) days and that notice of the filing of the
application has been posted for at least two (2) weeks at the door of the
city hall of any city or at some public place in any town and published
once each week for two (2) consecutive weeks:
(1) with each publication of the notice made in a newspaper of
general circulation in the city or town or where there is no
newspaper, notice by posting is sufficient notice; or
(2) with the first publication made in a newspaper described in
subdivision (1) and the second publication:
(A) in accordance with IC 5-3-5; and
(B) on the official web site website of the city or town.
SECTION 125. IC 8-2.1-28-5 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 5. The department may adopt rules under IC 4-22-2 to
carry out this chapter.
SECTION 126. IC 8-10-5-1, AS AMENDED BY P.L.152-2021,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. As used in The following definitions apply
throughout this chapter:
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(1) "Port authority" means a port authority created pursuant to
authority of this chapter.
(2) The terms "port" or "harbor" may be used interchangeably and
when used in this chapter shall mean any area used for servicing,
storing, protecting, mooring, loading or unloading, or repairing
any watercraft, on or adjacent to any body of water which may be
wholly or partially within or wholly or partially adjacent to the
state of Indiana. The terms include a breakwater area.
(3) The term "watercraft" shall mean any vessel, barge, boat, ship,
tug, sailingcraft, skiff, raft, inboard or outboard propelled boat, or
any contrivance known on March 13, 1959, or invented after
March 13, 1959, used or designed for navigation of or use upon
water, including a vessel permanently anchored in a port.
(4) "Publication" means publication once a week for two (2)
consecutive weeks:
(A) with each publication of notice made in a newspaper of
general circulation in the city, county, or counties where
publication is required to be made; or
(B) with the first publication of notice made in a newspaper
described in clause (A) and the second publication of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site website of the city, county, or
counties where publication is required to be made.
(5) The term "governing body" shall mean the legislative
authority of the governmental unit or units establishing or having
established a port authority under the provisions of this chapter.
SECTION 127. IC 8-14-9-6, AS AMENDED BY P.L.152-2021,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) A resolution adopted under section 5 of this
chapter shall be made available for public inspection. The board shall
publish notice of the adoption. The notice must contain a general
description of the resolution, and it must indicate that the resolution
and included materials may be inspected at a specified location.
(b) The notice shall be published once each week for two (2)
consecutive weeks:
(1) with each publication of notice in one (1) newspaper of
general circulation within the local county road and bridge
district; or
(2) with the first publication of notice in a newspaper described
in subdivision (1) and the second publication of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site website of the county in which the
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district is located.
(c) The notice shall specify a date, not less than ten (10) days after
the date of last publication, on which the board will conduct a hearing
at which interested or affected parties may object to the resolution.
SECTION 128. IC 8-15.5-4-1.5, AS AMENDED BY P.L.218-2017,
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.5. (a) This section applies only to a toll road
project and not to a freeway project or a facility project.
(b) The authority may not issue a request for proposals for a toll
road project under this article unless the authority has received a
preliminary feasibility study and an economic impact study for the
project from the department, conducted a public hearing, and
concluded the periods for public comments and the authority's replies.
(c) The economic impact study must, at a minimum, include an
analysis of the following matters with respect to the proposed project:
(1) Economic impacts on existing commercial and industrial
development.
(2) Potential impacts on employment.
(3) Potential for future development near the project area,
including consideration of locations for interchanges that will
maximize opportunities for development.
(4) Fiscal impacts on revenues to local units of government.
(5) Demands on government services, such as public safety,
public works, education, zoning and building, and local airports.
The authority shall post a copy of the economic impact study on the
authority's Internet web site website and shall also provide copies of
the study to the governor and the legislative council (in an electronic
format under IC 5-14-6).
(d) After completion of the economic impact study, the authority
must conduct a public hearing on the results of the study in the county
seat of the county in which the proposed project would be located. At
least ten (10) days before each public hearing, the authority shall:
(1) post notice of the public hearing on the authority's Internet
web site; website;
(2) publish notice of the public hearing one (1) time in accordance
with IC 5-3-1 in two (2) newspapers of general circulation in the
county; and
(3) include in the notices under subdivisions (1) and (2):
(A) the date, time, and place of the hearing;
(B) the subject matter of the hearing;
(C) a description of the purpose of the economic impact study;
(D) a description of the proposed project and its location; and
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(E) a statement concerning the availability of the study on the
authority's Internet web site. website.
At the hearing, the authority shall allow the public to be heard on the
economic impact study and the proposed project.
(e) For the thirty (30) days following the public hearing on the
results of the economic impact study, the authority shall receive
comments from the public on the proposed project. The comments may
address any aspect of the proposed project.
(f) Within fifteen (15) days following the close of the public
comment period, the authority shall publish on the authority's Internet
web site website the authority's replies to the public comments
submitted to the authority during the public comment period.
SECTION 129. IC 8-15.5-4-9, AS AMENDED BY P.L.91-2014,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) If the authority makes a preliminary
selection of an operator under section 8 of this chapter, the authority
shall schedule a public hearing on the preliminary selection and the
terms of the public-private agreement for the project. The hearing shall
be conducted in the county seat of any Indiana county in which the
proposed project is to be located.
(b) At least ten (10) days before the public hearing, the authority
shall post on its Internet web site: website:
(1) the proposal submitted by the offeror that has been
preliminarily selected as the operator for the project, except for
those parts of the proposal that are confidential under this article;
and
(2) the proposed public-private agreement for the project.
(c) At least ten (10) days before the public hearing, the authority
shall:
(1) post notice of the public hearing on the authority's Internet
web site; website; and
(2) publish notice of the hearing one (1) time in accordance with
IC 5-3-1 in two (2) newspapers of general circulation in the
Indiana county in which the proposed project is to be located.
(d) The notices required by subsection (c) must include the
following:
(1) The date, time, and place of the hearing.
(2) The subject matter of the hearing.
(3) A description of the project and of the public-private
agreement to be awarded.
(4) The identity of the offeror that has been preliminarily selected
as the operator for the project.
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(5) The address and telephone number of the authority.
(6) A statement indicating that, subject to section 6 of this
chapter, and except for those portions that are confidential under
this chapter, the following are available on the authority's Internet
web site website and are also available for public inspection and
copying at the principal office of the authority during regular
business hours:
(A) The selected offer.
(B) An explanation of the basis upon which the preliminary
selection was made.
(C) The proposed public-private agreement for the project.
(e) At the hearing, the authority shall allow the public to be heard
on the preliminary selection of the operator for the proposed project
and the terms of the public-private agreement for the proposed project.
SECTION 130. IC 8-15.7-4-2, AS AMENDED BY P.L.163-2011,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) This section establishes the competitive
proposal procedure that the department shall use to enter into a
public-private agreement with an operator under this article.
(b) The department may pursue a competitive proposal procedure
using a request for qualifications and a request for proposals process or
proceed directly to a request for proposals.
(c) If the department elects to use a request for qualifications phase,
it must provide a public notice of the request for qualifications, for the
period considered appropriate by the department, before the date set for
receipt of submittals in response to the solicitation. The department
shall provide the notice by posting in a designated public area and
publication in a newspaper of general circulation, in the manner
provided by IC 5-3-1. In addition, submittals in response to the
solicitation may be solicited directly from potential offerors.
(d) The department shall evaluate qualification submittals based on
the requirements and evaluation criteria set forth in the request for
qualifications.
(e) If the department has undertaken a request for qualifications
phase resulting in one (1) or more prequalified or shortlisted offerors,
the request for proposals shall be limited to those offerors that have
been prequalified or shortlisted.
(f) If the department has not issued a request for qualifications and
intends to use only a one (1) phase request for proposals procurement,
the department must provide a public notice of the request for
proposals for the period considered appropriate by the department,
before the date set for receipt of proposals. The department shall
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provide the notice by posting in a designated public area and
publication in a newspaper of general circulation, in the manner
provided by IC 5-3-1. In addition, proposals may be solicited directly
from potential offerors.
(g) The department shall submit a draft of the request for proposals
to the budget committee for its review before the issuance by the
department of the request for proposals to potential offerors. The
request for proposals must:
(1) indicate in general terms the scope of work, goods, and
services sought to be procured;
(2) contain or incorporate by reference the specifications and
contractual terms and conditions applicable to the procurement
and the qualifying project;
(3) specify the factors, criteria, and other information that will be
used in evaluating the proposals;
(4) specify any requirements or goals for use of:
(A) minority business enterprises and women's business
enterprises certified under IC 4-13-16.5;
(B) disadvantaged business enterprises under federal or state
law;
(C) businesses defined under IC 5-22-15-20.5 as Indiana
businesses, to the extent permitted by applicable federal and
state law and regulations; and
(D) businesses that qualify for a small business set-aside under
IC 4-13.6-2-11;
(5) if all or part of the project will consist of a tollway, require any
offeror to submit a proposal based upon that part of the project
that will consist of a tollway, as set forth in the request for
proposals, and permit any offeror to submit one (1) or more
alternative proposals based upon the assumption that a different
part or none of the project will consist of a tollway;
(6) contain or incorporate by reference the other applicable
contractual terms and conditions; and
(7) contain or incorporate by reference any other provisions,
materials, or documents that the department considers
appropriate.
If the draft of the request for proposals submitted for review provides
for any tolls, the budget committee shall hold a meeting and conduct a
review of the draft of the request for proposals not later than ninety
(90) days after the date the draft request for proposals is submitted for
review.
(h) The department shall determine the evaluation criteria that are
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appropriate for each project and shall set those criteria forth in the
request for proposals. The department may use a selection process that
results in selection of the proposal offering the best value to the public,
a selection process that results in selection of the proposal offering the
lowest price or cost or the highest payment to, or revenue sharing with,
the department, or any other selection process that the department
determines is in the best interests of the state and the public.
(i) The department shall evaluate proposals based on the
requirements and evaluation criteria set forth in the request for
proposals.
(j) The department may select one (1) or more offerors for
negotiations based on the evaluation criteria set forth in the request for
proposals. If the department believes that negotiations with the selected
offeror or offerors are not likely to result in a public-private agreement,
or, in the case of a best value selection process, no longer reflect the
best value to the state and the public, the department may commence
negotiations with other responsive offerors, if any, and may suspend,
terminate, or continue negotiations with the original offeror or offerors.
If negotiations are unsuccessful, the department shall terminate the
procurement, may not award the public-private agreement, and may
commence a new procurement for a public-private agreement. If the
department determines that negotiations with an offeror have been
successfully completed, the department shall, subject to the other
requirements of this article, award the public-private agreement to the
offeror.
(k) Before awarding a public-private agreement to an operator, the
department shall schedule a public hearing on the preliminary selection
of the operator and the terms of the proposed public-private agreement.
The hearing shall be conducted in the county seat of the county that
would be an affected jurisdiction for purposes of the proposed project.
The department shall do the following:
(1) At least ten (10) days before the public hearing, post on the
department's Internet web site: website:
(A) the proposal submitted by the offeror that has been
preliminarily selected as the operator for the project, except for
those parts of the proposal that are confidential under this
article; and
(B) the proposed public-private agreement for the project.
(2) At least ten (10) days before the public hearing:
(A) post notice of the public hearing on the department's
Internet web site; website; and
(B) publish notice of the hearing one (1) time in accordance
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with IC 5-3-1 in two (2) newspapers of general circulation in
the county that would be an affected jurisdiction for purposes
of the proposed project.
(3) Include the following in the notices required by subdivision
(2):
(A) The date, time, and place of the hearing.
(B) The subject matter of the hearing.
(C) A description of the agreement to be awarded.
(D) The recommendation that has been made to award the
agreement to an identified offeror or offerors.
(E) The address and telephone number of the department.
(F) A statement indicating that, subject to section 6 of this
chapter, and except for those portions that are confidential
under IC 5-14-3, the following are available on the
department's Internet web site website and are also available
for public inspection and copying at the principal office of the
department during regular business hours:
(i) The selected offer.
(ii) An explanation of the basis upon which the preliminary
selection was made.
(iii) The proposed public-private agreement for the project.
(l) At the hearing, the department shall allow the public to be heard
on the preliminary selection of the operator and the terms of the
proposed public-private agreement.
(m) When the terms and conditions of multiple awards are specified
in the request for proposals, awards may be made to more than one (1)
offeror.
SECTION 131. IC 8-23-30-9, AS ADDED BY P.L.44-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. Not later than July 1, 2022, the department
shall make asset management plans of local units approved under this
chapter available in an electronic format specified by the department
on an Internet web site a website maintained by:
(1) the department; or
(2) an entity contracted by the department to approve asset
management plans.
SECTION 132. IC 9-13-2-46 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 46. "Driveaway or
towaway", "Drive away or tow away", for purposes of IC 9-20-9-1,
has the meaning set forth in IC 9-20-9-1(a).
SECTION 133. IC 9-13-2-92.3, AS ADDED BY P.L.211-2023,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2025]: Sec. 92.3. (a) "Lawful status" means that an individual
has lawful status as:
(1) a citizen or national of the United States; or
(2) an alien who:
(A) is lawfully admitted for permanent residence or temporary
residence;
(B) has conditional permanent resident status;
(C) has a pending or approved application for asylum;
(D) has refugee status;
(E) has valid nonimmigrant status;
(F) has a pending or approved application for temporary
protected status;
(G) has approved deferred action status; or
(H) has a pending application for lawful permanent resident
status or conditional permanent resident status;
in the United States.
(b) The term does not include parole.
SECTION 134. IC 9-18.1-3-9, AS AMENDED BY P.L.9-2024,
SECTION 310, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 9. A person that registers a vehicle
may indicate the person's desire to donate money to organizations that
promote the procurement of organs for anatomical gifts. The bureau
must:
(1) allow the person registering the vehicle to indicate the amount
the person desires to donate; and
(2) provide that the minimum amount a person may donate is one
dollar ($1).
Funds collected under this section shall be deposited with the treasurer
of state in a special account. The state comptroller shall monthly
distribute the money in the special account to the anatomical gift
promotion fund established by IC 16-19-3-26. The bureau may deduct
from the funds collected under this subdivision section the costs
incurred by the bureau in implementing and administering this
subdivision. section.
SECTION 135. IC 9-18.1-11-8, AS AMENDED BY P.L.111-2021,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) If a license plate or other proof of
registration is stolen, the person in whose name the license plate or
other proof of registration was issued shall notify:
(1) the Indiana law enforcement agency that has jurisdiction
where the theft occurred; or
(2) the law enforcement agency that has jurisdiction over the
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address listed on the registration for the vehicle for which the
license plate or other proof of registration was issued;
that the original license plate or other proof of registration has been
stolen.
(b) A person may apply to the bureau to replace a license plate or
other proof of registration that is lost, stolen, destroyed, or damaged.
The bureau shall issue a duplicate or replacement license plate or other
proof of registration after the person does the following:
(1) Pays a fee of nine dollars and fifty cents ($9.50). The fee shall
be distributed as follows:
(A) Twenty-five cents ($0.25) to the state construction fund.
(B) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(C) One dollar ($1) to the crossroads 2000 fund.
(D) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(E) One dollar and twenty-five cents ($1.25) to the integrated
public safety communications fund.
(F) Five dollars ($5) to the commission fund.
However, the bureau may waive the fee under this subsection for
a duplicate certificate of registration that is processed on the
Internet web site website of the bureau.
(2) If the proof of registration was lost or stolen, provides proof of
compliance with subsection (a) in a manner and form prescribed
by the bureau.
(c) A replacement proof of registration must be kept or displayed in
the same manner as the original proof of registration.
SECTION 136. IC 9-18.1-13-4, AS ADDED BY P.L.198-2016,
SECTION 326, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The department of state
revenue shall administer vehicle registrations that are subject to the
International Registration Plan according to the terms of the
International Registration Plan and rules adopted by the department of
state revenue under IC 4-22-2.
(b) A person that registers a vehicle under the International
Registration Plan shall file electronically with the department of state
revenue an application for the registration of the vehicle.
(c) The department of state revenue may audit records of persons
that register trucks, trailers, semitrailers, buses, and rental cars under
the International Registration Plan to verify the accuracy of the
application and collect or refund fees due.
(d) The department of state revenue may issue a certificate of
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registration or a license plate for a vehicle that is:
(1) subject to registration under apportioned registration of the
International Registration Plan; and
(2) based and titled in a state other than Indiana subject to the
conditions of the plan.
(e) A person that owns or leases a vehicle required to be registered
under the International Registration Plan shall receive an apportioned
plate and cab card as determined by the department of state revenue.
(f) A distinctive cab card:
(1) shall be issued for a vehicle registered under the International
Registration Plan; and
(2) must be carried in the vehicle.
(g) The fee for a cab card issued under subsection (f) is five dollars
($5). The fee for a duplicate cab card is one dollar ($1). However, the
department of state revenue may waive the fee for a duplicate cab card
processed on the Internet web site website of the department.
(h) A recovery vehicle may be registered under the International
Registration Plan and be issued an apportioned license plate.
(i) The department of state revenue shall issue a document to a
person applying for registration under the International Registration
Plan to serve as a temporary registration authorization pending
issuance of a permanent registration plate and cab card. The document
must be carried in the vehicle for which the document is issued.
SECTION 137. IC 9-18.5-34-5, AS ADDED BY P.L.141-2024,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The bureau may not require a person, at the
time of the renewal of:
(1) a registration for a collector vehicle under IC 9-18.1-5-5;
(2) a historic vehicle license plate under section 2 of this chapter;
and or
(3) an authentic license plate under section 3 of this chapter;
to appear in person to affirm that the collector vehicle meets the
requirements of IC 9-13-2-28.4.
(b) The bureau may require a person to appear in person for an
initial inspection to determine the authenticity of an Indiana license
plate from the model year of a collector vehicle under section 4(c) of
this chapter.
SECTION 138. IC 9-21-3.5-14, AS ADDED BY P.L.152-2015,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 14. (a) The operator of a private toll facility may
do the following:
(1) Fix, revise, charge, and collect tolls for the use of a private toll
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facility by any person, partnership, association, limited liability
company, or corporation desiring the use of any part of the private
toll facility, including the right of way adjoining the paved portion
of the private toll facility. For purposes of this subdivision, the
use of a private toll facility includes the placement of telephone,
telegraph, electric, or power lines on any part of the private toll
facility.
(2) Fix the terms, conditions, and rates of charge for use of the
private toll facility, including fees for nonpayment of required
tolls. However, a fee imposed for nonpayment of a required toll
may not exceed fifty dollars ($50) for each unpaid toll.
(3) Collect tolls and fees through manual or nonmanual methods,
including automated traffic law enforcement systems, automatic
vehicle identification systems, electronic toll collection systems,
global positioning systems, and photo or video based toll
collection or toll collection enforcement systems.
(b) The operator of a private toll facility may not impose a fee under
subsection (a)(2) for nonpayment of a required toll until the operator
has provided notice of the unpaid toll to the toll violator in accordance
with notice requirements published on the Internet web site website of
the private toll facility. The operator shall include with the notice of the
unpaid toll a summary of the notice requirements published on the
Internet web site website of the private toll facility.
SECTION 139. IC 9-21-3.5-15, AS AMENDED BY P.L.198-2016,
SECTION 362, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 15. (a) The operator of a private toll
facility may enter into an agreement with the bureau to obtain
information under IC 9-14-12 necessary to enforce violations of section
9.1 of this chapter, including information regarding the registered
owner of a vehicle operated in violation of section 9.1 of this chapter.
(b) The bureau may use any reciprocal arrangement that applies to
the bureau to obtain information for purposes of subsection (a).
(c) An operator may use information provided under this section
only for the purposes of this section.
(d) The operator of a private toll facility shall inform the bureau of
the operator's process to notify the bureau of an owner's failure to pay
a fine, charge, fee, or other assessment for a toll violation following the
expiration of the deadline for payment of the fine, charge, fee, or other
assessment as set forth in the operator's notice requirements published
on the Internet web site website of the private toll facility under section
14(b) of this chapter.
SECTION 140. IC 9-22-1.7-5, AS ADDED BY P.L.198-2016,
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SECTION 377, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 5. A landowner shall do the
following:
(1) Request that a search be performed in the records of the
bureau for the name and address of the manufactured home owner
and the name and address of any person holding a lien or security
interest on the manufactured home.
(2) After receiving the results of the search required by
subdivision (1) and after the expiration of the thirty (30) day
period described in sections 3 and 4 of this chapter, give notice to
all the following:
(A) The manufactured home owner:
(i) by certified mail, return receipt requested, to the last
known address of the manufactured home owner; or
(ii) in person to the manufactured home owner; or
(iii) if the landowner is unable to determine the
manufactured home owner's address or provide notice to the
manufactured home owner in person, the landowner may
satisfy the notice requirement under this subdivision by
posting of the notice to the manufactured home owner on the
manufactured home.
(B) Any lien holder (other than the landowner) with a
perfected security interest in the manufactured home either by
certified mail, return receipt requested, or in person.
(C) All other persons known to claim an interest in the
manufactured home either by certified mail, return receipt
requested, or in person.
(D) The county treasurer of the county in which the
manufactured home is located, by certified mail, return receipt
requested, or in person.
The notice must include a description of the manufactured home,
a demand that the owner remove the manufactured home within
a specified time not less than ten (10) days after receipt of the
notice, a conspicuous statement that unless the manufactured
home is removed within that time, the manufactured home will be
advertised for sale by auction at a specified time and place, and
a conspicuous statement that, in the case of a sale by auction of
the manufactured home, a person or lienholder other than the
county treasurer that fails to appear at the auction, or otherwise
participate in the auction, waives any right the person may have
as a lien holder in the manufactured home and any other rights
that the person may have regarding the sale of the manufactured
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home. In addition, the notice must include a statement that, if the
manufactured home is removed before the auction takes place, all
statutory liens against the manufactured home under
IC 16-41-27-29 and all debts owed to the landowner that are
associated with the placement of the manufactured home on the
landowner's property must be paid.
(3) After the expiration of the ten (10) day period in subdivision
(2), advertise that the manufactured home will be offered for sale
at public auction in conformity with IC 26-1-2-328 and
IC 26-1-7-210. The advertisement of sale must be published once
each week for two (2) consecutive weeks in a newspaper of
general circulation in the county where the manufactured home
has been left without permission. The advertisement must include
a description of the manufactured home, the name of the owner of
the manufactured home, if ascertainable, and the time and place
of the sale. The sale must take place at least fifteen (15) days after
the first publication. If there is no newspaper of general
circulation in the county where the sale is to be held, the
advertisement must be posted at least ten (10) days before the sale
in not less than six (6) conspicuous places in the neighborhood of
the proposed sale.
(4) Provide a reasonable time before the sale for prospective
purchasers to examine the manufactured home.
(5) Sell the manufactured home to the highest bidder, if any.
(6) Immediately after the auction, execute an affidavit of sale of
disposal on a form prescribed by the bureau stating:
(A) that the requirements of this section have been met;
(B) the length of time that the manufactured home was left on
the property without permission;
(C) any expenses incurred by the landowner, including the
expenses of the sale and any lien of the landowner;
(D) the name and address of the purchaser of the manufactured
home at the auction, if any; and
(E) the amount of the winning bid, if any.
If the manufactured home is not purchased by a bidder at the
auction, the landowner shall note that fact on the affidavit and
shall list the landowner, or any donee, as the purchaser on the
affidavit of sale or disposal.
SECTION 141. IC 9-30-6-5, AS AMENDED BY P.L.38-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The director of the state department of
toxicology shall adopt rules under IC 4-22-2 concerning the following:
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(1) Standards and regulations for the:
(A) selection;
(B) training; and
(C) certification;
of breath test operators.
(2) Standards and regulations for the:
(A) selection; and
(B) certification;
of breath test equipment and chemicals.
(3) The certification of the proper technique for administering a
breath test.
(b) A certification in accordance with rules adopted under
subsection (a) shall be:
(1) sent in writing to the clerk of the circuit court in each county
where the breath test operator, equipment, or chemicals are used
to administer breath tests; or
(2) published on the Internet web site website of the state
department of toxicology.
However, failure to send or publish a certification as required by this
subsection does not invalidate any test.
(c) A certification in accordance with rules adopted under
subsection (a) that is sent in writing under subsection (b)(1) or
published on the Internet web site website of the state department of
toxicology under subsection (b)(2) and obtained from the state
department of toxicology as an electronic record bearing an electronic
signature:
(1) is admissible in a proceeding under this chapter, IC 9-30-5,
IC 9-30-9, or IC 9-30-15;
(2) constitutes prima facie evidence that the equipment or
chemical:
(A) was inspected and approved by the state department of
toxicology on the date specified on the writing or electronic
record; and
(B) was in proper working condition on the date the breath test
was administered if the date of approval is not more than one
hundred eighty (180) days before the date of the breath test;
(3) constitutes prima facie evidence of the approved technique for
administering a breath test; and
(4) constitutes prima facie evidence that the breath test operator
was certified by the state department of toxicology on the date
specified on the writing or electronic record.
(d) Results of chemical tests that involve an analysis of a person's
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breath are not admissible in a proceeding under this chapter, IC 9-30-5,
IC 9-30-9, or IC 9-30-15 if:
(1) the test operator;
(2) the test equipment;
(3) the chemicals used in the test, if any; or
(4) the techniques used in the test;
have not been approved in accordance with the rules adopted under
subsection (a).
SECTION 142. IC 9-32-9-29, AS AMENDED BY P.L.103-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 29. (a) An automotive salvage recycler or an agent
of an automotive salvage recycler may purchase a motor vehicle
without a certificate of title for the motor vehicle if:
(1) the motor vehicle is at least fifteen (15) model years old;
(2) the purchase is solely for the purpose of dismantling or
wrecking the motor vehicle for the recovery of scrap metal or the
sale of parts;
(3) the automotive salvage recycler records all purchase
transactions of motor vehicles as required in subsection (b); and
(4) the person selling the motor vehicle presents a certificate of
authority as required under IC 9-22-5-18.
(b) An automotive salvage recycler shall maintain the following
information with respect to each motor vehicle purchase transaction
without a certificate of title to which the automotive salvage recycler
is a party for at least five (5) years after the date of the purchase
transaction:
(1) The name, address, and National Motor Vehicle Title
Information System identification number of any scrap metal
processor or automobile scrapyard.
(2) The name of the person entering the information.
(3) The date and time of the purchase transaction.
(4) A description of the motor vehicle that is the subject of the
purchase transaction, including the make and model of the motor
vehicle, if discernable. discernible.
(5) The vehicle identification number of the motor vehicle, to the
extent the number is discernable. discernible.
(6) The amount of consideration given for the motor vehicle.
(7) A copy of the certificate of authority and a written statement
signed by the seller or the seller's agent certifying the following:
(A) The seller or the seller's agent has the lawful right to sell
and dispose of the motor vehicle.
(B) The motor vehicle is not subject to a security interest or
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lien.
(C) The motor vehicle will not be titled again and will be
dismantled or destroyed.
(D) The seller or the seller's agent acknowledges that a person
who falsifies information contained in a statement under this
subdivision is subject to criminal sanctions and restitution for
losses incurred as a result of the sale of a motor vehicle based
on falsified information.
(8) The name, date of birth, and address of the person from whom
the motor vehicle is being purchased.
(9) A photocopy or electronic scan of one (1) of the following
valid and unexpired forms of identification issued to the seller or
the seller's agent:
(A) A driver's license.
(B) An identification card issued under IC 9-24-16-1, a photo
exempt identification card issued under IC 9-24-16.5, or a
similar card issued under the laws of another state or the
federal government.
(C) A government issued document bearing an image of the
seller or seller's agent, as applicable.
For purposes of complying with this subdivision, an automotive
salvage recycler is not required to make a separate copy of the
seller's or seller's agent's identification for each purchase
transaction involving the seller or seller's agent but may instead
refer to a copy maintained in reference to a particular purchase
transaction.
(10) The license plate number, make, model, and color of the
motor vehicle that is used to deliver the purchased motor vehicle
to the automotive salvage recycler.
(11) The signature of the person receiving consideration from the
seller or the seller's agent.
(12) A photographic or videographic image, taken when the motor
vehicle is purchased, of the following:
(A) A frontal view of the facial features of the seller or the
seller's agent.
(B) The motor vehicle that is the subject of the purchase
transaction.
(c) An automotive salvage recycler may not complete a purchase
transaction without the information required under subsection (b)(9).
(d) An automotive salvage recycler or an agent of an automotive
salvage recycler that knowingly or intentionally buys a motor vehicle
that is less than fifteen (15) model years old without a certificate of title
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or certificate of authority for the motor vehicle commits a Level 6
felony.
(e) An automotive salvage recycler or an agent of an automotive
salvage recycler may apply for a certificate of authority for a motor
vehicle of any age on behalf of the seller with all required information
collected at the point of sale.
(f) If an automotive salvage recycler or an agent of an automotive
salvage recycler, in applying for a certificate of authority for a motor
vehicle under subsection (e), learns:
(1) the motor vehicle was reported stolen; or
(2) the owner of the motor vehicle does not match the individual
who provided the automotive salvage recycler or agent of the
automotive salvage recycler with the motor vehicle;
the automotive salvage recycler must notify the law enforcement
agency that has jurisdiction over the address of the automotive salvage
recycler's established place of business.
SECTION 143. IC 10-10.5-4-2, AS ADDED BY P.L.86-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. Section 1 of this chapter does not prohibit the
broadcast or disclosure of identifying information other than a Social
Security number to the public by other means, including news reports,
press conferences, silver or Amber alerts, wanted notices, Internet web
site website postings, and similar methods specifically intended to
inform the public.
SECTION 144. IC 10-11-2-31.2, AS ADDED BY P.L.30-2019,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 31.2. (a) As used in this section, "controlled
substance" has the meaning set forth in IC 35-48-1-9.
(b) As used in this section, "property" means a dwelling (as defined
in IC 13-11-2-61.3).
(c) Subject to specific appropriation by the general assembly, the
department shall establish, maintain, and operate an Internet web site
a website containing a list of properties that have been used in the
illegal manufacture of a controlled substance. The list of properties
shall be based on information received from a law enforcement agency
under IC 5-2-15-3.
(d) Subject to specific appropriation by the general assembly, and
in accordance with subsection (g), the department shall publish the list
of properties that have been used in the illegal manufacture of a
controlled substance on an Internet web site a website maintained by
the department. If a controlled substance is manufactured in an
apartment that is a unit of a multi-unit apartment complex, the
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department shall publish only the address, including the apartment
number, of the particular apartment in which the controlled substance
was manufactured. The department shall design the web site website
to enable a user to easily determine whether a particular property has
been used as the site of the illegal manufacture of a controlled
substance.
(e) The department shall remove a listed property from the web site
website not later than ninety (90) days after the property has been
certified as decontaminated by a qualified inspector certified under
IC 16-19-3.1-1.
(f) If property has been certified as decontaminated by a qualified
inspector certified under IC 16-19-3.1-1 before it is placed on the list
required under subsection (c), the department may not place the
property on the list.
(g) The department may not list a property that has been the site of
the illegal manufacture of a controlled substance on the web site
website until one hundred eighty (180) days after the date on which the
department receives information from a law enforcement agency that
the property has been the site of the illegal manufacture of a controlled
substance.
SECTION 145. IC 10-13-8-12, AS ADDED BY P.L.38-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. (a) A broadcaster or electronic billboard
operator that has agreed to participate in the blue alert program and
that:
(1) receives a blue alert notification from the department; and
(2) broadcasts or displays information contained in the
notification that the department considers necessary;
is immune from civil liability based on the broadcast or display of the
information received from the department.
(b) If:
(1) a person enters into an agreement with the department to
establish or maintain a blue alert web site; website; and
(2) the agreement provides that only the department has the
ability to place information on the web site; website;
the person is immune from civil liability for the information placed on
the web site website by the department. However, this subsection does
not affect the applicability of IC 34-13-3 to the department.
SECTION 146. IC 10-16-20-4, AS ADDED BY P.L.156-2015,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) In addition to the rights and protections
regarding consumer transactions, contracts, and service providers
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included in Title III of the federal Servicemembers Civil Relief Act (50
U.S.C. App. 531 through 538), a servicemember may terminate a
contract described in subsection (b) at any time after the date the
servicemember receives military orders to relocate for a period of
service of at least ninety (90) days to a location that does not support
the contract.
(b) This section applies to a contract to provide any of the following:
(1) Telecommunication services.
(2) Internet services.
(3) Television services.
(4) Athletic club or gym memberships.
(5) Satellite radio services.
(c) Termination of a contract must be made by delivery of a written
or electronic notice of the termination and a copy of the
servicemember's military orders to the service provider. If a
servicemember terminates a contract, the service provider shall provide
the servicemember with a written or electronic notice of the
servicemember's rights posted on the Indiana National Guard's Internet
web site website as required by IC 10-16-6-13.
(d) For any contract terminated under this section, the service
provider under the contract may not impose an early termination
charge.
(e) Any tax or any other obligation or liability of the servicemember
that, in accordance with the terms of the contract, is due and unpaid at
the time of termination of the contract shall be paid by the
servicemember.
(f) If the servicemember resubscribes to the service provided under
a contract described in subsection (b) that was terminated under this
chapter during the ninety (90) day period immediately following when
the servicemember has returned from service, the service provider may
not impose any charges or services fees, other than the usual and
customary charges and fees for the installation or acquisition of
customer equipment imposed on any other subscriber.
(g) Not later than sixty (60) days after the effective date of the
termination of a contract described in subsection (b), the service
provider under the contract shall refund to the servicemember all fees
paid for services that extend past the termination date of the contract.
SECTION 147. IC 10-17-1-4.5, AS ADDED BY P.L.90-2016,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4.5. (a) The definitions under IC 23-14-54.5-2
through IC 23-14-54.5-6 apply to this section.
(b) As used in this section, "cremated remains" has the meaning set
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forth in IC 23-14-31-7.
(c) A veterans' service organization may apply to the department for
approval to receive the following from a licensed funeral director under
IC 23-14-54.5:
(1) Verification information.
(2) Cremated remains of a veteran or dependent of a veteran.
(d) The department shall establish standards that a veterans' service
organization must meet to receive approval by the department under
this section, including:
(1) an application for approval;
(2) the information that a veterans' service organization is
required to submit to the department; and
(3) criteria and standards for approval.
(e) If a veterans' service organization meets the standards
established by the department under subsection (d), the department
shall approve the veterans' service organization for eligibility to receive
verification information and cremated remains under IC 23-14-54.5.
(f) The department shall:
(1) maintain a list, with names and contact information, of
veterans' service organizations that have been approved under
subsection (e); and
(2) publish the list on the department's Internet web site. website.
(g) The department shall prepare and provide, upon request, sample
forms for transfer of cremated remains and release of liability between
a funeral director and an approved veterans' service organization.
SECTION 148. IC 10-18-2-9, AS AMENDED BY P.L.152-2021,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) If a county executive has adopted designs
or plans for the construction of world war memorial structures as
provided in section 6 of this chapter, the county executive shall:
(1) contract with a reliable contractor for all or any part of the
construction of the world war memorial structure, as provided in
this chapter; and
(2) publish a notice informing the public and contractors:
(A) of the nature of the structures to be constructed;
(B) that the designs and plans are on file in the office of the
county executive; and
(C) that sealed proposals for contractors to work on the
construction of the world war memorial are due not earlier
than thirty (30) days from the first published notice.
(b) A notice published under subsection (a)(2) shall be published for
at least three (3) consecutive weeks:
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(1) with each publication of notice in a newspaper of general
circulation published in the county; or
(2) with the first publication of notice in a newspaper described
in subdivision (1) and the two (2) subsequent publications:
(A) in accordance with IC 5-3-5; and
(B) on the county's official web site. website.
(c) A county executive shall, by order, impose conditions upon:
(1) bidders;
(2) contractors;
(3) subcontractors; and
(4) materialmen;
with regard to bond and surety and guaranteeing the faithful
completion of work according to contract.
(d) All contracts with builders, architects, or materialmen must
reserve to the county executive for good cause shown the right to
cancel a contract and to relet work to others. If a contract is canceled,
at least ten percent (10%) shall be reserved from payments on estimates
on work done in progress until the contracts are completed and the
work done, inspected, and accepted by the county executive.
(e) A payment, partial or final, may not be construed as a waiver of
defective work or materials or as a release for damages on account of
defective work or materials.
(f) A surety may not be released from any obligation on its bond if
the contractor is paid the whole or any part of the percentages required
to be reserved from current estimates. A surety may not be released by
any final payment made to the contractor.
SECTION 149. IC 10-18-3-2, AS AMENDED BY P.L.152-2021,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) The board of commissioners of a county or
the common council of a city shall, on petition of at least one hundred
(100) adult citizens of the county or city, appoint a committee to be
known as the memorial committee. The appointments may not be made
until after notice of the filing of the petition has been published for at
least two (2) weeks, once each week:
(1) with each publication of notice made in a newspaper of
general circulation in the county or city; or
(2) with the first publication of notice made in a newspaper
described in subdivision (1) and the second publication of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site website of the county or city.
(b) The committee must have at least five (5) but not more than
fifteen (15) members. Each committee member must be a citizen of the
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county or city in which the memorial is proposed. The members must
be appointed based solely upon their fitness, and the committee must
include representatives of educational, benevolent, labor, and other
interests.
(c) The members of the committee serve without compensation.
However, the board of commissioners or common council may
compensate members for necessary expenses in the performance of
their duty, including compensation of expert advisers. The board of
commissioners or common council may make an appropriation in
advance to compensate members for necessary expenses.
(d) The committee shall make a careful study of the subject of a
suitable memorial in the county or city and report its conclusions to the
board of commissioners or common council. The report must include:
(1) the kind of memorial regarded by the committee as
appropriate;
(2) the estimated cost of erection and maintenance;
(3) the method of control; and
(4) any other matter the committee considers proper.
The committee shall make the report within six (6) months after
appointment, unless a longer time is given by the board of
commissioners or common council. A committee that fails to report
within the time allowed is immediately regarded as dissolved, and the
board of commissioners or common council shall appoint a new
committee. A new committee appointed under this subsection is
governed by the same rule regarding the filing of a report and
dissolution.
(e) A vacancy in the committee shall be filled by the board of
commissioners or common council.
(f) A county or city in which a memorial committee has been
appointed may not erect or provide for the erection of a memorial until
the committee has made its report.
SECTION 150. IC 10-18-3-3, AS AMENDED BY P.L.152-2021,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) Public notice must be provided in the
manner set forth under this section if a petition signed by:
(1) at least five hundred (500) citizens and taxpayers of a county;
or
(2) at least two hundred (200) citizens and taxpayers of a city;
requests the establishment and maintenance within the county or city
of a memorial for the soldiers and sailors of World War I. The petition
must be addressed to the board of commissioners of the county or the
common council of the city and filed in the office of the auditor of the
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county or clerk of the city.
(b) The auditor or clerk shall:
(1) publish a notice that includes a copy of the petition or a
summary of the petition in a newspaper of general circulation
printed and published in the county or city;
(2) post a notice that includes a copy of the petition or a summary
of the petition in at least ten (10) public places in the county; and
(3) post a notice that includes a copy of the petition or a summary
of the petition at the door of the county courthouse.
Notice under this subsection must also include the day the petition will
be presented to the board. The day of the hearing must be fixed by the
auditor or clerk at least thirty (30) days but not more than forty (40)
days after the day of the filing of the petition.
(c) Notice of the petition signed by the auditor or clerk must be
posted for at least twenty (20) days and published for three (3)
consecutive weeks:
(1) with each publication of notice in a newspaper of general
circulation printed and published in the county or city; or
(2) with:
(A) the first publication of notice in a newspaper described in
subdivision (1); and
(B) the two (2) subsequent publications of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site website of the county or city;
before the day designated by the auditor or clerk for the hearing.
SECTION 151. IC 10-18-4-10, AS AMENDED BY P.L.152-2021,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) After the board of public works has
adopted the necessary designs, plans, and specifications for
construction of the World War memorial structures as provided in this
chapter, the board of public works shall award contracts for all or any
part of the World War memorial structures to competent and reliable
contractors as provided in this section.
(b) The board of public works shall publish in accordance with
subsection (c) a notice:
(1) informing the public and contractors of the general nature of
the structures to be constructed and of the fact that designs, plans,
drawings, and specifications are on file in the office of the board
of public works; and
(2) calling for sealed proposals for the work on a day not earlier
than thirty (30) days from the first of such publications.
(c) The notice shall be published for at least three (3) weeks:
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(1) with each publication of notice in a newspaper of general
circulation, printed and published in the English language in the
city; or
(2) with the first publication of notice in a newspaper described
in subdivision (1) and the two (2) subsequent publications of
notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site website of the city.
(d) The board of public works shall, by order, impose conditions
upon bidders, contractors, subcontractors, and materialmen with regard
to bond and surety, guaranteeing the good faith and responsibility of
the bidders, contractors, subcontractors, and materialmen and insuring
the faithful completion of the work, according to contract, or for any
other purpose.
(e) The board of public works shall reserve ten percent (10%) from
payments or estimates on work in progress until the contract is
completed and the work done is inspected and accepted by the board.
All contracts with contractors, subcontractors, architects, or
materialmen must reserve:
(1) to the board of public works, for good cause shown, the right
to cancel the contract and to award the work to others; and
(2) at least ten percent (10%) from payments or estimates on work
in progress until the contract is completed and the work done is
inspected and accepted by the board.
(f) Payment by the board of public works, partial or final, may not
be construed as a waiver of defective work or materials or as a release
for damages on account of the defective work or materials. A surety
may not be released from any obligation on the surety's bond if a
contractor should be paid the whole or any part of the percentage
required to be reserved from current estimates. A surety may not be
released by any final payment made to a contractor.
SECTION 152. IC 10-20-2-8, AS ADDED BY P.L.73-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) The department may charge a fee for the
following:
(1) Certifying and recertifying individuals who operate breath
testing equipment.
(2) Maintaining and calibrating breath testing equipment,
including offsetting the costs of replacing equipment and
instruments used at the state and local levels for breath testing.
(3) Providing training services.
The amount of the fee is the amount that was being charged as of
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January 1, 2013.
(b) The department may change the amount of a fee being charged
under subsection (a) by adopting a rule under IC 4-22-2. In addition, at
least six (6) months before a rule changing the amount of a fee may
take effect, the department shall provide to:
(1) each agency that has paid a fee to the department in the
previous twelve (12) months; and
(2) any other person that makes a request to be on the notification
list;
a notice of the fee amount the department is proposing. The notice must
be published on the department's Internet web site website and
published in the Indiana Register. The notice required by subdivisions
(1) and (2) may be provided by an electronic mail message that
includes a direct link to the notice on the department's Internet web
site. website.
(c) The fees that have been charged and collected by the department
since July 1, 2011, for the items listed in subsection (a)(1) through
(a)(3) are legalized and validated. The department may continue to
charge a fee for the items listed in subsection (a)(1) through (a)(3) in
the fee amount that was being charged by the department as of January
1, 2013, without the adoption of a rule. Before July 1, 2013, the
department shall publish a schedule listing the current fee amounts
being charged for the items listed in subsection (a)(1) through (a)(3) on
the department's Internet web site website and in the Indiana Register,
with a reference to this section's legalization and validation of these fee
amounts.
(d) Fees collected under this section shall be deposited in the breath
test training and certification fund established by section 9 of this
chapter. In addition, money from fees collected by the state department
of toxicology established under IC 21-45-3 (now repealed) and from
fees collected by the department since July 1, 2011, shall be transferred
to the fund.
SECTION 153. IC 11-8-2-13, AS AMENDED BY P.L.214-2013,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. (a) The Indiana sex and violent offender
registry established under IC 36-2-13-5.5 and maintained by the
department under section 12.4 of this chapter must include the names
of each offender who is or has been required to register under
IC 11-8-8.
(b) The department shall do the following:
(1) Ensure that the Indiana sex and violent offender registry is
updated at least once per day with information provided by a local
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law enforcement authority (as defined in IC 11-8-8-2).
(2) Publish the Indiana sex and violent offender registry on the
Internet through the computer gateway administered by the office
of technology established by IC 4-13.1-2-1, and ensure that the
Indiana sex and violent offender registry displays the following or
similar words:
"Based on information submitted to law enforcement, a
person whose name appears in this registry has been
convicted of a sex or violent offense or has been adjudicated
a delinquent child for an act that would be a sex or violent
offense if committed by an adult.".
(3) If:
(A) an offender's registration period has expired as described
in IC 11-8-8-19; or
(B) an offender is deceased;
ensure that the offender's information is no longer published to
the public portal of the sex and violent offender registry Internet
web site website established under IC 36-2-13-5.5.
SECTION 154. IC 11-8-8-1.8, AS AMENDED BY P.L.85-2017,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.8. As used in this chapter, "social networking
web site website username" means an identifier or profile that allows
a person to create, use, or modify a social networking web site,
website, as defined in IC 35-31.5-2-307.
SECTION 155. IC 11-8-8-7, AS AMENDED BY P.L.214-2013,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) Subject to section 19 of this chapter, the
following persons must register under this chapter:
(1) A sex or violent offender who resides in Indiana. A sex or
violent offender resides in Indiana if either of the following
applies:
(A) The sex or violent offender spends or intends to spend at
least seven (7) days (including part of a day) in Indiana during
a one hundred eighty (180) day period.
(B) The sex or violent offender owns real property in Indiana
and returns to Indiana at any time.
(2) A sex or violent offender who works or carries on a vocation
or intends to work or carry on a vocation full time or part time for
a period:
(A) exceeding seven (7) consecutive days; or
(B) for a total period exceeding fourteen (14) days;
during any calendar year in Indiana regardless of whether the sex
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or violent offender is financially compensated, volunteered, or is
acting for the purpose of government or educational benefit.
(3) A sex or violent offender who is enrolled or intends to be
enrolled on a full-time or part-time basis in any public or private
educational institution, including any secondary school, trade, or
professional institution, or postsecondary educational institution.
(b) Except as provided in subsection (e), a sex or violent offender
who resides in Indiana shall register with the local law enforcement
authority in the county where the sex or violent offender resides. If a
sex or violent offender resides in more than one (1) county, the sex or
violent offender shall register with the local law enforcement authority
in each county in which the sex or violent offender resides. If the sex
or violent offender is also required to register under subsection (a)(2)
or (a)(3), the sex or violent offender shall also register with the local
law enforcement authority in the county in which the offender is
required to register under subsection (c) or (d).
(c) A sex or violent offender described in subsection (a)(2) shall
register with the local law enforcement authority in the county where
the sex or violent offender is or intends to be employed or carry on a
vocation. If a sex or violent offender is or intends to be employed or
carry on a vocation in more than one (1) county, the sex or violent
offender shall register with the local law enforcement authority in each
county. If the sex or violent offender is also required to register under
subsection (a)(1) or (a)(3), the sex or violent offender shall also register
with the local law enforcement authority in the county in which the
offender is required to register under subsection (b) or (d).
(d) A sex or violent offender described in subsection (a)(3) shall
register with the local law enforcement authority in the county where
the sex or violent offender is enrolled or intends to be enrolled as a
student. If the sex or violent offender is also required to register under
subsection (a)(1) or (a)(2), the sex or violent offender shall also register
with the local law enforcement authority in the county in which the
offender is required to register under subsection (b) or (c).
(e) A sex or violent offender described in subsection (a)(1)(B) shall
register with the local law enforcement authority in the county in which
the real property is located. If the sex or violent offender is also
required to register under subsection (a)(1)(A), (a)(2), or (a)(3), the sex
or violent offender shall also register with the local law enforcement
authority in the county in which the offender is required to register
under subsection (b), (c), or (d).
(f) A sex or violent offender committed to the department shall
register with the department before the sex or violent offender is placed
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in a community transition program, placed in a work release program,
or released from incarceration, whichever occurs first. The department
shall forward the sex or violent offender's registration information to
the local law enforcement authority of every county in which the sex or
violent offender is required to register. If a sex or violent offender
released from the department under this subsection:
(1) informs the department of the offender's intended location of
residence upon release; and
(2) does not move to this location upon release;
the offender shall, not later than seventy-two (72) hours after the date
on which the offender is released, report in person to the local law
enforcement authority having jurisdiction over the offender's current
address or location.
(g) This subsection does not apply to a sex or violent offender who
is a sexually violent predator. A sex or violent offender not committed
to the department shall register not more than seven (7) days after the
sex or violent offender:
(1) is released from a penal facility (as defined in
IC 35-31.5-2-232);
(2) is released from a secure private facility (as defined in
IC 31-9-2-115);
(3) is released from a juvenile detention facility;
(4) is transferred to a community transition program;
(5) is placed on parole;
(6) is placed on probation;
(7) is placed on home detention; or
(8) arrives at the place where the sex or violent offender is
required to register under subsection (b), (c), or (d);
whichever occurs first. A sex or violent offender required to register in
more than one (1) county under subsection (b), (c), (d), or (e) shall
register in each appropriate county not more than seventy-two (72)
hours after the sex or violent offender's arrival in that county or
acquisition of real estate in that county.
(h) This subsection applies to a sex or violent offender who is a
sexually violent predator. A sex or violent offender who is a sexually
violent predator shall register not more than seventy-two (72) hours
after the sex or violent offender:
(1) is released from a penal facility (as defined in
IC 35-31.5-2-232);
(2) is released from a secure private facility (as defined in
IC 31-9-2-115);
(3) is released from a juvenile detention facility;
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(4) is transferred to a community transition program;
(5) is placed on parole;
(6) is placed on probation;
(7) is placed on home detention; or
(8) arrives at the place where the sexually violent predator is
required to register under subsection (b), (c), or (d);
whichever occurs first. A sex or violent offender who is a sexually
violent predator required to register in more than one (1) county under
subsection (b), (c), (d), or (e) shall register in each appropriate county
not more than seventy-two (72) hours after the offender's arrival in that
county or acquisition of real estate in that county.
(i) The local law enforcement authority with whom a sex or violent
offender registers under this section shall make and publish a
photograph of the sex or violent offender on the Indiana sex and violent
offender registry web site website established under IC 36-2-13-5.5.
The local law enforcement authority shall make a photograph of the sex
or violent offender that complies with the requirements of
IC 36-2-13-5.5 at least once per year. The sheriff of a county containing
a consolidated city shall provide the police chief of the consolidated
city with all photographic and computer equipment necessary to enable
the police chief of the consolidated city to transmit sex or violent
offender photographs (and other identifying information required by
IC 36-2-13-5.5) to the Indiana sex and violent offender registry web
site website established under IC 36-2-13-5.5. In addition, the sheriff
of a county containing a consolidated city shall provide all funding for
the county's financial obligation for the establishment and maintenance
of the Indiana sex and violent offender registry web site website
established under IC 36-2-13-5.5.
(j) When a sex or violent offender registers, the local law
enforcement authority shall:
(1) immediately update the Indiana sex and violent offender
registry web site website established under IC 36-2-13-5.5;
(2) notify every law enforcement agency having jurisdiction in the
county where the sex or violent offender resides; and
(3) update the National Crime Information Center National Sex
Offender Registry data base via the Indiana data and
communications system (IDACS).
When a sex or violent offender from a jurisdiction outside Indiana
registers a change of address, electronic mail address, instant
messaging username, electronic chat room username, social networking
web site website username, employment, vocation, or enrollment in
Indiana, the local law enforcement authority shall provide the
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department with the information provided by the sex or violent
offender during registration.
SECTION 156. IC 11-8-8-8, AS AMENDED BY P.L.214-2013,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) The registration required under this chapter
must include the following information:
(1) The sex or violent offender's full name, alias, any name by
which the sex or violent offender was previously known, date of
birth, sex, race, height, weight, hair color, eye color, any scars,
marks, or tattoos, Social Security number, driver's license number
or state identification card number, vehicle description, vehicle
plate number, and vehicle identification number for any vehicle
the sex or violent offender owns or operates on a regular basis,
principal residence address, other address where the sex or violent
offender spends more than seven (7) nights in a fourteen (14) day
period, and mailing address, if different from the sex or violent
offender's principal residence address.
(2) A description of the offense for which the sex or violent
offender was convicted, the date of conviction, the county of the
conviction, the cause number of the conviction, and the sentence
imposed, if applicable.
(3) If the person is required to register under section 7(a)(2) or
7(a)(3) of this chapter, the name and address of each of the sex or
violent offender's employers in Indiana, the name and address of
each campus or location where the sex or violent offender is
enrolled in school in Indiana, and the address where the sex or
violent offender stays or intends to stay while in Indiana.
(4) A recent photograph of the sex or violent offender.
(5) If the sex or violent offender is a sexually violent predator,
that the sex or violent offender is a sexually violent predator.
(6) If the sex or violent offender is required to register for life,
that the sex or violent offender is required to register for life.
(7) Any electronic mail address, instant messaging username,
electronic chat room username, or social networking web site
website username that the sex or violent offender uses or intends
to use.
(8) Any other information required by the department.
(b) If a sex or violent offender on probation or parole registers any
information under subsection (a)(7), the offender shall sign a consent
form authorizing the:
(1) search of the sex or violent offender's personal computer or
device with Internet capability, at any time; and
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(2) installation on the sex or violent offender's personal computer
or device with Internet capability, at the sex or violent offender's
expense, of hardware or software to monitor the sex or violent
offender's Internet usage.
(c) If the information described in subsection (a) changes, the sex
or violent offender shall report in person to the local law enforcement
authority having jurisdiction over the sex or violent offender's principal
address not later than seventy-two (72) hours after the change and
submit the new information to the local law enforcement authority.
Upon request of the local law enforcement authority, the sex or violent
offender shall permit a new photograph of the sex or violent offender
to be made.
SECTION 157. IC 11-8-8-11, AS AMENDED BY P.L.214-2013,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. (a) If a sex or violent offender who is required
to register under this chapter changes:
(1) principal residence address; or
(2) if section 7(a)(2) or 7(a)(3) of this chapter applies, the place
where the sex or violent offender stays in Indiana;
the sex or violent offender shall report in person to the local law
enforcement authority having jurisdiction over the sex or violent
offender's current principal address or location and, if the offender
moves to a new county in Indiana, to the local law enforcement
authority having jurisdiction over the sex or violent offender's new
principal address or location not more than seventy-two (72) hours
after the address change.
(b) If a sex or violent offender moves to a new county in Indiana, the
local law enforcement authority where the sex or violent offender's
current principal residence address is located shall inform the local law
enforcement authority in the new county in Indiana of the sex or violent
offender's residence and forward all relevant registration information
concerning the sex or violent offender to the local law enforcement
authority in the new county. The local law enforcement authority
receiving notice under this subsection shall verify the address of the
sex or violent offender under section 13 of this chapter not more than
seven (7) days after receiving the notice.
(c) If a sex or violent offender who is required to register under
section 7(a)(2) or 7(a)(3) of this chapter changes the sex or violent
offender's principal place of employment, principal place of vocation,
or campus or location where the sex or violent offender is enrolled in
school, the sex or violent offender shall report in person:
(1) to the local law enforcement authority having jurisdiction over
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the sex or violent offender's current principal place of
employment, principal place of vocation, or campus or location
where the sex or violent offender is enrolled in school; and
(2) if the sex or violent offender changes the sex or violent
offender's place of employment, vocation, or enrollment to a new
county in Indiana, to the local law enforcement authority having
jurisdiction over the sex or violent offender's new principal place
of employment, principal place of vocation, or campus or location
where the sex or violent offender is enrolled in school;
not more than seventy-two (72) hours after the change.
(d) If a sex or violent offender moves the sex or violent offender's
place of employment, vocation, or enrollment to a new county in
Indiana, the local law enforcement authority having jurisdiction over
the sex or violent offender's current principal place of employment,
principal place of vocation, or campus or location where the sex or
violent offender is enrolled in school shall inform the local law
enforcement authority in the new county of the sex or violent offender's
new principal place of employment, vocation, or enrollment by
forwarding relevant registration information to the local law
enforcement authority in the new county.
(e) If a sex or violent offender moves the sex or violent offender's
residence, place of employment, vocation, or enrollment to a new state,
the local law enforcement authority shall inform the state police in the
new state of the sex or violent offender's new place of residence,
employment, vocation, or enrollment.
(f) If a sex or violent offender who is required to register under this
chapter changes or obtains a new:
(1) electronic mail address;
(2) instant messaging username;
(3) electronic chat room username; or
(4) social networking web site website username;
the sex or violent offender shall report in person to the local law
enforcement authority having jurisdiction over the sex or violent
offender's current principal address or location and shall provide the
local law enforcement authority with the new address or username not
more than seventy-two (72) hours after the change or creation of the
address or username.
(g) A local law enforcement authority shall make registration
information, including information concerning the duty to register and
the penalty for failing to register, available to a sex or violent offender.
(h) A local law enforcement authority who is notified of a change
under subsection (a), (c), or (f) shall:
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(1) immediately update the Indiana sex and violent offender
registry web site website established under IC 36-2-13-5.5;
(2) update the National Crime Information Center National Sex
Offender Registry data base via the Indiana data and
communications system (IDACS); and
(3) notify the department.
(i) If a sex or violent offender who is registered with a local law
enforcement authority becomes incarcerated, the local law enforcement
authority shall transmit a copy of the information provided by the sex
or violent offender during registration to the department.
(j) If a sex or violent offender is no longer required to register due
to the expiration of the registration period, or if a court grants a petition
under section 22 of this chapter that removes the offender's duty to
register under this chapter, the local law enforcement authority shall:
(1) ensure the offender's information is no longer published to the
public portal of the sex and violent offender registry Internet web
site website established under IC 36-2-13-5.5; and
(2) transmit a copy of the information provided by the sex or
violent offender during registration to the department.
(k) This subsection applies only to a sex or violent offender who
has:
(1) informed the local law enforcement authority of the offender's
intention to move the offender's residence to a new location; and
(2) not moved the offender's residence to the new location.
Not later than seventy-two (72) hours after the date on which a sex or
violent offender to whom this subsection applies was scheduled to
move (according to information the offender provided to the local law
enforcement authority before the move), the sex or violent offender
shall report in person to the local law enforcement authority having
jurisdiction over the offender's current address or location, even if the
offender's address has not changed. An offender who fails to report as
provided in this subsection may be prosecuted in the offender's original
county of residence, in the county to which the offender intended to
move, or in the offender's current county of residence.
SECTION 158. IC 11-8-8-19, AS AMENDED BY P.L.40-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 19. (a) Except as provided in subsections (b)
through (f), a sex or violent offender is required to register under this
chapter until the expiration of ten (10) years after the date the sex or
violent offender:
(1) is released from a penal facility (as defined in
IC 35-31.5-2-232) or a secure juvenile detention facility of a state
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or another jurisdiction;
(2) is placed in a community transition program;
(3) is placed in a community corrections program;
(4) is placed on parole; or
(5) is placed on probation;
for the sex or violent offense requiring registration, whichever occurs
last. The registration period is tolled during any period that the sex or
violent offender is incarcerated. The registration period does not restart
if the offender is convicted of a subsequent offense. However, if the
subsequent offense is a sex or violent offense, or an offense under
IC 11-8-8-17, section 17 of this chapter, a new registration period may
be imposed in accordance with this chapter. The department shall
ensure that an offender who is no longer required to register as a sex or
violent offender is notified that the obligation to register has expired,
and shall ensure that the offender's information is no longer published
to the public portal of the sex and violent offender registry Internet web
site website established under IC 36-2-13-5.5.
(b) A sex or violent offender who is a sexually violent predator is
required to register for life.
(c) A sex or violent offender who is convicted of at least one (1)
offense under section 5(a) of this chapter that the sex or violent
offender committed:
(1) when the person was at least eighteen (18) years of age; and
(2) against a victim who was less than twelve (12) years of age at
the time of the crime;
is required to register for life.
(d) A sex or violent offender who is convicted of at least one (1)
offense under section 5(a) of this chapter in which the sex offender:
(1) proximately caused serious bodily injury or death to the
victim;
(2) used force or the threat of force against the victim or a
member of the victim's family, unless the offense is sexual battery
as a Class D felony (for an offense committed before July 1,
2014) or a Level 6 felony (for a crime committed after June 30,
2014); or
(3) rendered the victim unconscious or otherwise incapable of
giving voluntary consent;
is required to register for life.
(e) A sex or violent offender who is convicted of at least two (2)
unrelated offenses under section 5(a) of this chapter is required to
register for life.
(f) A person who is required to register as a sex or violent offender
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in any jurisdiction shall register for the period required by the other
jurisdiction or the period described in this section, whichever is longer.
SECTION 159. IC 11-8-8-20, AS AMENDED BY P.L.3-2008,
SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 20. (a) The department may enter into a compact
or agreement with one (1) or more jurisdictions outside Indiana to
exchange notifications concerning the change of address, employment,
vocation, or enrollment of a sex or violent offender between Indiana
and the other jurisdiction or the other jurisdiction and Indiana.
(b) If the department receives information that a sex or violent
offender has relocated to Indiana to reside, engage in employment or
a vocation, or enroll in school, or that a sex or violent offender has been
convicted in Indiana but not sentenced to the department, the
department shall determine:
(1) whether the person is defined as a:
(A) sex offender under IC 11-8-8-4.5; section 4.5 of this
chapter; or
(B) sex or violent offender under IC 11-8-8-5; section 5 of this
chapter;
(2) whether the person is a sexually violent predator under
IC 35-38-1-7.5;
(3) the period for which the person will be required to register as
a sex or violent offender in Indiana; and
(4) any other matter required by law to make a registration
determination.
(c) After the department has made a determination under subsection
(b), the department shall update the sex and violent offender registry
web site website and transmit the department's determination to the
local law enforcement authority having jurisdiction over the county
where the sex or violent offender resides, is employed, and attends
school. The department shall transmit:
(1) the sex or violent offender's name, date of relocation, and new
address (if applicable), the offense or delinquent act committed
by the sex or violent offender, and any other available descriptive
information;
(2) whether the sex or violent offender is a sexually violent
predator;
(3) the period for which the sex or violent offender will be
required to register in Indiana; and
(4) anything else required by law to make a registration
determination.
SECTION 160. IC 11-8-8-22, AS AMENDED BY P.L.214-2013,
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SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 22. (a) As used in this section, "offender" means
a sex offender (as defined in section 4.5 of this chapter) and a sex or
violent offender (as defined in section 5 of this chapter).
(b) Subsection (g) applies to an offender required to register under
this chapter if, due to a change in federal or state law after June 30,
2007, an individual who engaged in the same conduct as the offender:
(1) would not be required to register under this chapter; or
(2) would be required to register under this chapter but under less
restrictive conditions than the offender is required to meet.
(c) A person to whom this section applies may petition a court to:
(1) remove the person's designation as an offender and order the
department to remove all information regarding the person from
the public portal of the sex and violent offender registry Internet
web site website established under IC 36-2-13-5.5; or
(2) require the person to register under less restrictive conditions.
(d) A petition under this section shall be filed in the circuit or
superior court of the county in which the offender resides. If the
offender resides in more than one (1) county, the petition shall be filed
in the circuit or superior court of the county in which the offender
resides the greatest time. If the offender does not reside in Indiana, the
petition shall be filed in the circuit or superior court of the county
where the offender is employed the greatest time. If the offender does
not reside or work in Indiana, but is a student in Indiana, the petition
shall be filed in the circuit or superior court of the county where the
offender is a student. If the offender is not a student in Indiana and does
not reside or work in Indiana, the petition shall be filed in the county
where the offender was most recently convicted of a crime listed in
section 5 of this chapter.
(e) After receiving a petition under this section, the court may:
(1) summarily dismiss the petition; or
(2) give notice to:
(A) the department;
(B) the attorney general;
(C) the prosecuting attorney of:
(i) the county where the petition was filed;
(ii) the county where offender was most recently convicted
of an offense listed in section 5 of this chapter; and
(iii) the county where the offender resides; and
(D) the sheriff of the county where the offender resides;
and set the matter for hearing. The date set for a hearing must not be
less than sixty (60) days after the court gives notice under this
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subsection.
(f) If a court sets a matter for a hearing under this section, the
prosecuting attorney of the county in which the action is pending shall
appear and respond, unless the prosecuting attorney requests the
attorney general to appear and respond and the attorney general agrees
to represent the interests of the state in the matter. If the attorney
general agrees to appear, the attorney general shall give notice to:
(1) the prosecuting attorney; and
(2) the court.
(g) A court may grant a petition under this section if, following a
hearing, the court makes the following findings:
(1) The law requiring the petitioner to register as an offender has
changed since the date on which the petitioner was initially
required to register.
(2) If the petitioner who was required to register as an offender
before the change in law engaged in the same conduct after the
change in law occurred, the petitioner would:
(A) not be required to register as an offender; or
(B) be required to register as an offender, but under less
restrictive conditions.
(3) If the petitioner seeks relief under this section because a
change in law makes a previously unavailable defense available
to the petitioner, that the petitioner has proved the defense.
The court has the discretion to deny a petition under this section, even
if the court makes the findings under this subsection.
(h) The petitioner has the burden of proof in a hearing under this
section.
(i) If the court grants a petition under this section, the court shall
notify:
(1) the victim of the offense, if applicable;
(2) the department of correction; and
(3) the local law enforcement authority of every county in which
the petitioner is currently required to register.
(j) An offender may base a petition filed under this section on a
claim that the application or registration requirements constitute ex
post facto punishment.
(k) A petition filed under this section must:
(1) be submitted under the penalties of perjury;
(2) list each of the offender's criminal convictions and state for
each conviction:
(A) the date of the judgment of conviction;
(B) the court that entered the judgment of conviction;
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(C) the crime that the offender pled guilty to or was convicted
of; and
(D) whether the offender was convicted of the crime in a trial
or pled guilty to the criminal charges; and
(3) list each jurisdiction in which the offender is required to
register as a sex offender or a violent offender.
(l) The attorney general may initiate an appeal from any order
granting an offender relief under this section.
SECTION 161. IC 11-10-11.5-11, AS AMENDED BY
P.L.209-2015, SECTION 3, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 11. (a) While assigned to a
community transition program, a person must comply with:
(1) the rules concerning the conduct of persons in the community
transition program, including rules related to payments described
in section 12 of this chapter, that are adopted by the community
corrections advisory board establishing the program or, in
counties that are not served by a community corrections program,
that are jointly adopted by the courts in the county with felony
jurisdiction; and
(2) any conditions established by the sentencing court for the
person.
(b) As a rule of the community transition program, a person
convicted of a sex offense (as defined in IC 11-8-8-5.2) may not use a
social networking web site website (as defined in IC 35-31.5-2-307) or
an instant messaging or chat room program (as defined in
IC 35-31.5-2-173) to communicate, directly or through an intermediary,
with a child less than sixteen (16) years of age. However, the rules of
the community transition program may permit the offender to
communicate using a social networking web site website or an instant
messaging or chat room program with:
(1) the offender's own child, stepchild, or sibling; or
(2) another relative of the offender specifically named in the rules
applicable to that person.
(c) As a rule of the community transition program, an individual
may be required to receive:
(1) addiction counseling;
(2) inpatient detoxification;
(3) case management;
(4) daily living skills; and
(5) medication assisted treatment, including a federal Food and
Drug Administration approved long acting, nonaddictive
medication for the treatment of opioid or alcohol dependence.
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SECTION 162. IC 11-10-12-6, AS AMENDED BY P.L.74-2015,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) The department, during the ninety (90) days
before a committed offender is:
(1) released on parole;
(2) assigned to a community transition program;
(3) discharged from the department; or
(4) released on probation;
shall allow the committed offender to have Internet access to use web
sites websites that contain employment information in accordance with
rules adopted by the department.
(b) The department shall provide employment counseling and
Internet assistance to a committed offender who qualifies for Internet
access under subsection (a), by a person trained in employment
counseling and the use of Internet employment services.
(c) The department may restrict Internet access for a committed
offender under subsection (a) if the committed offender:
(1) has a warrant or detainer seeking transfer of the person to a
county or another jurisdiction;
(2) is no longer within ninety (90) days of release due to loss of
educational credit or good time credit, or the imposition of an
additional criminal sentence;
(3) does not reside in a department facility; or
(4) has engaged in misconduct involving use of the Internet.
SECTION 163. IC 11-13-3-4, AS AMENDED BY P.L.45-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) A condition to remaining on parole is that
the parolee not commit a crime during the period of parole.
(b) The parole board may also adopt, under IC 4-22-2, additional
conditions to remaining on parole and require a parolee to satisfy one
(1) or more of these conditions. These conditions must be reasonably
related to the parolee's successful reintegration into the community and
not unduly restrictive of a fundamental right.
(c) If a person is released on parole, the parolee shall be given a
written statement of the conditions of parole. Signed copies of this
statement shall be:
(1) retained by the parolee;
(2) forwarded to any person charged with the parolee's
supervision; and
(3) placed in the parolee's master file.
(d) The parole board may modify parole conditions if the parolee
receives notice of that action and had ten (10) days after receipt of the
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notice to express the parolee's views on the proposed modification.
This subsection does not apply to modification of parole conditions
after a revocation proceeding under section 10 of this chapter.
(e) As a condition of parole, the parole board may require the
parolee to reside in a particular parole area. In determining a parolee's
residence requirement, the parole board shall:
(1) consider:
(A) the residence of the parolee prior to the parolee's
incarceration; and
(B) the parolee's place of employment; and
(2) assign the parolee to reside in the county where the parolee
resided prior to the parolee's incarceration unless assignment on
this basis would be detrimental to the parolee's successful
reintegration into the community.
(f) As a condition of parole, the parole board may require the
parolee to:
(1) periodically undergo a laboratory chemical test (as defined in
IC 9-13-2-22) or series of tests to detect and confirm the presence
of a controlled substance (as defined in IC 35-48-1-9); and
(2) have the results of any test under this subsection reported to
the parole board by the laboratory.
The parolee is responsible for any charges resulting from a test
required under this subsection. However, a person's parole may not be
revoked on the basis of the person's inability to pay for a test under this
subsection.
(g) As a condition of parole, the parole board:
(1) may require a parolee who is a sex offender (as defined in
IC 11-8-8-4.5) to:
(A) participate in a treatment program for sex offenders
approved by the parole board; and
(B) avoid contact with any person who is less than sixteen (16)
years of age unless the parolee:
(i) receives the parole board's approval; or
(ii) successfully completes the treatment program referred to
in clause (A); and
(2) shall:
(A) require a parolee who is a sex or violent offender (as
defined in IC 11-8-8-5) to register with a local law
enforcement authority under IC 11-8-8;
(B) prohibit a parolee who is a sex offender from residing
within one thousand (1,000) feet of school property (as defined
in IC 35-31.5-2-285) for the period of parole, unless the sex
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offender obtains written approval from the parole board;
(C) prohibit a parolee who is a sex offender convicted of a sex
offense (as defined in IC 35-38-2-2.5) from residing within
one (1) mile of the victim of the sex offender's sex offense
unless the sex offender obtains a waiver under IC 35-38-2-2.5;
(D) prohibit a parolee who is a sex offender from owning,
operating, managing, being employed by, or volunteering at
any attraction designed to be primarily enjoyed by children
less than sixteen (16) years of age;
(E) require a parolee who is a sex offender to consent:
(i) to the search of the sex offender's personal computer at
any time; and
(ii) to the installation on the sex offender's personal
computer or device with Internet capability, at the sex
offender's expense, of one (1) or more hardware or software
systems to monitor Internet usage; and
(F) prohibit the sex offender from:
(i) accessing or using certain web sites, websites, chat
rooms, or instant messaging programs frequented by
children; and
(ii) deleting, erasing, or tampering with information on the
sex offender's personal computer with intent to conceal an
activity prohibited by item (i).
The parole board may not grant a sexually violent predator (as defined
in IC 35-38-1-7.5) or a sex offender who is an offender against children
under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the
parole board allows the sex offender to reside within one thousand
(1,000) feet of school property under subdivision (2)(B), the parole
board shall notify each school within one thousand (1,000) feet of the
sex offender's residence of the order.
(h) The address of the victim of a parolee who is a sex offender
convicted of a sex offense (as defined in IC 35-38-2-2.5) is
confidential, even if the sex offender obtains a waiver under
IC 35-38-2-2.5.
(i) As a condition of parole, the parole board may require a parolee
to participate in a reentry court program.
(j) This subsection does not apply to a person on lifetime parole. As
a condition of parole, the parole board shall require a parolee who is a
sexually violent predator under IC 35-38-1-7.5 or who is a sex or
violent offender (as defined in IC 11-8-8-5) to wear a monitoring
device (as described in IC 35-38-2.5-3) that can transmit information
twenty-four (24) hours each day regarding a person's precise location,
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subject to a validated sex offender risk assessment, and subject to the
amount appropriated to the department for a monitoring program as a
condition of parole.
(k) As a condition of parole, the parole board may prohibit, in
accordance with IC 35-38-2-2.6, a parolee who has been convicted of
stalking from residing within one thousand (1,000) feet of the residence
of the victim of the stalking for a period that does not exceed five (5)
years.
(l) As a condition of parole, the parole board may prohibit a parolee
convicted of an offense under IC 35-46-3 from owning, harboring, or
training an animal, and, if the parole board prohibits a parolee
convicted of an offense under IC 35-46-3 from having direct or indirect
contact with an individual, the parole board may also prohibit the
parolee from having direct or indirect contact with any animal
belonging to the individual.
(m) As a condition of parole, the parole board may require a parolee
to receive:
(1) addiction counseling;
(2) inpatient detoxification;
(3) case management;
(4) daily living skills; and
(5) medication assisted treatment, including a federal Food and
Drug Administration approved long acting, nonaddictive
medication for the treatment of opioid or alcohol dependence.
(n) A parolee may be responsible for the reasonable expenses, as
determined by the department, of the parolee's participation in a
treatment or other program required as a condition of parole under this
section. However, a person's parole may not be revoked solely on the
basis of the person's inability to pay for a program required as a
condition of parole under this section.
(o) As a condition of parole, the parole board shall prohibit a person
convicted of an animal abuse offense (as defined in IC 35-38-2-2.8)
from owning, harboring, or training a companion animal (as defined in
IC 35-38-2-2.8).
SECTION 164. IC 11-13-3-11, AS ADDED BY P.L.45-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. (a) As used in this section, "Internet crime
against a child" means a conviction for a violation of:
(1) IC 35-42-4-4(b) or IC 35-42-4-4(c) (child exploitation);
(2) IC 35-42-4-4(d) or IC 35-42-4-4(e) (possession of child
pornography); or
(3) IC 35-42-4-6 (child solicitation).
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(b) When a person is placed on lifetime parole, the department shall
provide the parolee with a written statement of the conditions of
lifetime parole. The parolee shall sign the statement, retain a copy, and
provide a copy to the department. The department shall place the
signed statement in the parolee's master file.
(c) As a condition of lifetime parole, the parole board shall:
(1) require a parolee who is a sexually violent predator (as defined
in IC 35-38-1-7.5) to:
(A) inform the parolee's parole agent of any changes to the
parolee's residence, employment, or contact information not
later than seventy-two (72) hours after the change;
(B) report to the parole agent as instructed;
(C) avoid contact with any person who is less than sixteen (16)
years of age, unless the parolee receives written authorization
from the parole board; and
(D) avoid contact with the victim of any sex crime committed
by that parolee, unless the parolee receives written
authorization from the parole board;
(2) prohibit a parolee who is a sexually violent predator convicted
of an Internet crime against a child from:
(A) accessing or using certain Internet web sites, websites,
chat rooms, or instant messaging programs frequented by
children; and
(B) deleting, erasing, or tampering with data on the parolee's
personal computer;
(3) prohibit a parolee who is a sexually violent predator from
owning, operating, managing, being employed by, or volunteering
at an attraction designed to be primarily enjoyed by a child less
than sixteen (16) years of age; and
(4) require a parolee to allow the parolee's supervising parole
agent or another person authorized by the parole board to visit the
parolee's residence, real property, or place of employment.
(d) As a condition of lifetime parole, the parole board may require
a sexually violent predator to participate in a sex offender treatment
program approved by the parole board.
(e) As a condition of lifetime parole, the parole board may require
a parolee who is:
(1) a sexually violent predator; or
(2) required to register as a sex or violent offender under
IC 11-8-8-5 due to a conviction for murder (IC 35-42-1-1) or
voluntary manslaughter (IC 35-42-1-3);
to wear a monitoring device (as described in IC 35-38-2.5-3) that can
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transmit information twenty-four (24) hours each day regarding a
person's precise location, subject to a validated sex offender risk
assessment or appropriate violent offender risk assessment, and subject
to the amount appropriated to the department for a monitoring program
as a condition of lifetime parole.
(f) When an offender is placed on lifetime parole, the parole board
shall inform the sheriff and the prosecuting attorney of the offender's
current county of residence:
(1) that the offender has been placed on lifetime parole; and
(2) whether the offender is required to wear a monitoring device
as described in subsection (e).
(g) The parole board may adopt rules under IC 4-22-2 to impose
additional conditions of lifetime parole and to implement this section.
SECTION 165. IC 12-7-2-22, AS AMENDED BY
P.L.180-2022(ss), SECTION 10, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 22. "Board" means has
the following meaning:
(1) For purposes of IC 12-8-6.5-14, the meaning set forth in
IC 12-8-6.5-14(a).
(2) For purposes of IC 12-8-6.5-14.1, the meaning set forth in
IC 12-8-6.5-14.1(a).
(3) For purposes of IC 12-8-6.5-14.3, the meaning set forth in
IC 12-8-6.5-14.3(a).
(4) For purposes of IC 12-8-6.5-15, the meaning set forth in
IC 12-8-6.5-15(a).
(2) (5) For purposes of IC 12-10-10 and IC 12-10-11, the
community and home options to institutional care for the elderly
and disabled board established by IC 12-10-11-1.
(3) (6) For purposes of IC 12-11-14, the meaning set forth in
IC 12-11-14-3.
(4) (7) For purposes of IC 12-12-7-5, the meaning set forth in
IC 12-12-7-5(a).
(5) (8) For purposes of IC 12-15-35, the meaning set forth in
IC 12-15-35-2.
SECTION 166. IC 12-8-6.5-14.3, AS ADDED BY P.L.42-2024,
SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 14.3. (a) As used in this section, "board" refers to
the doula reimbursement advisory board established by section 14 of
this chapter.
(b) A member of the general assembly appointed to the board serves
a two (2) year term that expires June 30 of an odd-numbered year.
(c) The terms of the lay members of the board expire as follows:
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(1) For a member appointed under subsection section 14(c)(2)(B),
14(c)(2)(C), 14(c)(2)(D), or 14(c)(2)(E) of this chapter, June 30
of each odd-numbered year.
(2) For a member appointed under subsection section
14(c)(2)(A), 14(c)(2)(F), 14(c)(2)(G), 14(c)(2)(H), or 14(c)(2)(I)
of this chapter, June 30, 2027, and every fourth year thereafter.
(d) A member of the board serves at the pleasure of the appointing
authority and may be reappointed to successive terms.
(e) A vacancy on the board shall be filled by the appropriate
appointing authority. An individual appointed to fill a vacancy serves
for the unexpired term of the individual's predecessor.
SECTION 167. IC 12-14-2-23, AS AMENDED BY P.L.103-2023,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 23. (a) This section applies only to a person's
eligibility for assistance under section 5.1 of this chapter.
(b) As used in this section, "school" means a program resulting in
high school graduation.
(c) Due to extraordinary circumstances, a person who is the parent
of a dependent child, an essential person, or a dependent child may
apply, in a manner prescribed by the division, for an exemption from
the requirements of this chapter if the person can document that the
person has complied with the personal responsibility agreement under
section 21 of this chapter and the person demonstrates any of the
following:
(1) The person has a substantial physical or mental disability that
prevents the person from obtaining or participating in gainful
employment.
(2) The person is a minor parent who is in school full time and
who has a dependent child.
(3) The person is a minor parent who is enrolled full time in an
educational program culminating in a high school equivalency
certificate and who has a dependent child.
A person seeking an exemption under this section must show
documentation to the division to substantiate the person's claim for an
exemption under subdivision (1), (2), or (3).
(d) After receiving an application for exemption from a parent, an
essential person, or a dependent child under subsection (c), the division
shall investigate and determine if the parent, essential person, or
dependent child qualifies for an exemption from this chapter. The
director shall make a final determination regarding:
(1) whether to grant an exemption;
(2) the length of an exemption, if granted, subject to subsection
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(f); and
(3) the extent of an exemption, if granted.
(e) If the director determines that a parent, an essential person, or a
dependent child qualifies for an exemption under this chapter, the
parent, essential person, or dependent child is entitled to receive one
hundred percent (100%) of the payments that the parent, essential
person, or dependent child is entitled to receive under this chapter,
subject to any ratable reduction.
(f) An exemption granted under this section may not exceed one (1)
year, but may be renewed.
(g) The division shall publish the number and type of exemptions
granted under this section on the division's Internet web site. website.
(h) The division may adopt rules under IC 4-22-2 to carry out this
section.
SECTION 168. IC 12-15-30.5-4, AS AMENDED BY P.L.156-2020,
SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) A broker must do the following:
(1) Submit monthly reports to the office of the secretary for the
office of the secretary to post on the office of the secretary's
Internet web site website of the following:
(A) A list and map by county of the number of vehicles, by
vehicle type, that are contracted, credentialed, and available to
provide nonemergency medical transportation in that county.
(B) Based upon a comparison of trip-leg identification
numbers issued by the broker to the corresponding claim
submitted with that trip-leg identification number, the number
of instances in which a requested nonemergency medical
transportation for an eligible Medicaid recipient was not
provided, including whether:
(i) the instance related to picking up the recipient to go to an
appointment;
(ii) the instance related to picking up the recipient from an
appointment;
(iii) the instance related to a Medicaid recipient or
transportation provider not being available;
(iv) the recipient resides in the community, a health facility,
an intermediate care facility for individuals with intellectual
disabilities, a hospital, or another location; and
(v) the instance resulted from the transportation request
being canceled by the transportation provider more than
forty-eight (48) hours before the appointment or within
forty-eight (48) hours of the appointment.
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(C) A summary of the complaints received by the broker,
whether or not the complaints have been substantiated.
Information under this clause must include the total number of
complaints and whether the complaint related to:
(i) a scheduled ride to go to an appointment;
(ii) a scheduled ride from an appointment; and
(iii) a recipient who resided in the community, a health
facility, an intermediate care facility for individuals with
intellectual disabilities, a hospital, or another location.
(2) Submit monthly to the office of the secretary for the office of
the secretary to post on the office of the secretary's Internet web
site website a report comparing:
(A) the number of eligible Medicaid recipients; to
(B) the number of contracted and credentialed transportation
vehicles, by type and by county, that are available to provide
nonemergency medical transportation in a county;
and including the calculation of the ratio of eligible Medicaid
recipients to vehicle type.
(3) Submit a monthly report to the office of the secretary that
includes the following information for the previous month:
(A) The number of ride requests received and scheduled
trip-leg identification numbers issued.
(B) Call center statistics.
(C) Information on claims payments, including claim denial
reason codes.
(D) Program integrity referrals.
(E) Information concerning grievances and appeals, including
the status of any grievance or appeal that is either open or
closed in the month of the report.
(b) If the broker has not assigned a transportation provider to a
request for nonemergency medical transportation within forty-eight
(48) hours of the time in which the transportation is to be provided, the
broker shall do the following:
(1) Take steps to notify the:
(A) Medicaid recipient for which the request was made; and
(B) health facility, if the Medicaid recipient resides in a health
facility;
that a transportation provider has not yet been assigned.
(2) Continue to make every effort in securing transportation for
the Medicaid recipient and immediately notify the recipient
described in subdivision (1)(A) and, if applicable, the health
facility described in subdivision (1)(B), when transportation has
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been assigned.
(3) Document whether the notice required under subdivision (1)
was communicated to the Medicaid recipient or a person on
behalf of the Medicaid recipient, and the method of
communication.
SECTION 169. IC 12-15-30.5-5, AS ADDED BY P.L.116-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) A broker shall establish, implement, and
maintain the following:
(1) One (1) toll free telephone number clearly identified for the
handling of complaints concerning the nonemergency medical
transportation services.
(2) A link on the home page of the broker's Internet web site
website titled "File a Complaint Here" that is accessible by the
public and that allows for the submission of a complaint
concerning the nonemergency medical transportation services.
(3) Instructions on the broker's Internet web site website on how
to file a complaint concerning nonemergency medical
transportation services.
(4) A process to notify a person who files a complaint about:
(A) the steps the broker will take to investigate the complaint;
and
(B) the results of the investigation.
(b) Except for disclosure to the office of the secretary, the broker
shall keep confidential the identity of any individual who submits a
complaint with the broker concerning nonemergency medical
transportation services.
(c) If a complaint concerning nonemergency medical transportation
services made to the broker is substantiated, the broker shall develop
a remediation plan concerning the complaint and submit the
remediation plan to the office of the secretary for the office of the
secretary to post the remediation plan on the office of the secretary's
Internet web site. website.
SECTION 170. IC 12-15-35-50, AS ADDED BY P.L.187-2007,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 50. (a) IC 12-15-13-6 does not apply to this
section.
(b) The office shall maintain an Internet web site a website and post
on the web site website any changes concerning the office's maximum
allowable cost schedule for drugs.
(c) A change in the office's maximum allowable cost schedule for
drugs may not take effect less than thirty (30) days after the change is
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posted on the office's Internet web site. website.
(d) The office is not required to mail a notice to providers
concerning a change in the office's maximum allowable cost schedule
for drugs.
(e) A pharmacy may determine not to participate in the Medicaid
program because of a change to the office's maximum allowable cost
schedule for drugs if the pharmacy notifies the office not less than
thirty (30) days after the changes take effect.
SECTION 171. IC 12-17.2-2-1, AS AMENDED BY P.L.121-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. The division shall perform the following duties:
(1) Administer the licensing and monitoring of child care centers
or child care homes in accordance with this article.
(2) Ensure that a national criminal history background check of
the following is completed through the state police department
under IC 10-13-3-39 before issuing a license:
(A) An applicant for a license.
(B) An employee or volunteer of an applicant who may be
present on the premises of the child care center or child care
home during the operating hours of the child care center or
child care home.
(C) If an applicant is applying for a license to operate a child
care home, the following:
(i) The applicant's spouse.
(ii) The applicant's household members who are at least
eighteen (18) years of age or who are less than eighteen (18)
years of age but have previously been waived from juvenile
court to adult court.
(3) Ensure that a national criminal history background check of
the following is completed through the state police department
under IC 10-13-3-39 before registering a child care ministry:
(A) An applicant for a child care ministry registration.
(B) An employee or volunteer of an applicant who may be
present on the premises of the child care ministry during the
operating hours of the child care ministry.
(4) Provide for the issuance, denial, suspension, and revocation of
licenses.
(5) Cooperate with governing bodies of child care centers and
child care homes and their staffs to improve standards of child
care.
(6) Prepare at least biannually a directory of licensees with a
description of the program capacity and type of children served
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that will be distributed to the legislature, licensees, and other
interested parties as a public document.
(7) Deposit all license application fees collected under section 2
of this chapter in the division of family resources child care fund
established by section 3 of this chapter.
(8) Require each child care center or child care home to record
proof of a child's date of birth before accepting the child. A child's
date of birth may be proven by the child's original birth certificate
or other reliable proof of the child's date of birth, including a duly
attested transcript of a birth certificate.
(9) Provide an Internet web site a website through which
members of the public may obtain the following information:
(A) Information concerning violations of this article by a
licensed child care provider, including:
(i) the identity of the child care provider;
(ii) the date of the violation; and
(iii) action taken by the division in response to the violation.
(B) Current status of a child care provider's license.
(C) Other relevant information.
The Internet web site website may not contain the address of a
child care home or information identifying an individual child.
However, the site website may include the county and ZIP code
in which a child care home is located.
(10) Provide or approve training concerning safe sleeping
practices for children to:
(A) a provider who operates a child care program in the
provider's home as described in IC 12-17.2-3.5-12.5;
(B) a child care home licensed under IC 12-17.2-5;
(C) a child care center licensed under IC 12-17.2-4; and
(D) a child care ministry registered under IC 12-17.2-6;
including practices to reduce the risk of sudden infant death
syndrome.
SECTION 172. IC 12-17.2-3.5-3.5, AS ADDED BY P.L.134-2024,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3.5. A child care provider is eligible to receive a
voucher payment if the provider complies with this chapter and meets
any of the following:
(1) Does not receive regular compensation.
(2) Cares only for children who are related to the provider.
(3) Cares for less than eight (8) children, not including children
for whom the provider is a parent, stepparent, guardian,
custodian, or other relative. or
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(4) Operates to serve migrant children.
SECTION 173. IC 12-17.2-7.2-1, AS AMENDED BY
P.L.201-2023, SECTION 138, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this
chapter, "eligible child" refers to an individual who:
(1) is at least four (4) years of age and less than five (5) years of
age on August 1 of the state fiscal year for which a grant is sought
under the prekindergarten pilot program;
(2) is a resident of Indiana or otherwise has legal settlement in
Indiana, as determined under IC 20-26-11;
(3) is a member of a household with an annual income that does
not exceed one hundred fifty percent (150%) of the federal
poverty level;
(4) receives qualified early education services from an eligible
provider, as determined by the office;
(5) has a parent or guardian who participates in a parental
engagement and involvement component provided by the eligible
provider;
(6) has a parent or guardian who agrees to ensure that the child
meets the attendance requirements determined by the office; and
(7) meets the requirements under section 7.2(a) and 7.2(c) of this
chapter.
SECTION 174. IC 12-18-9-13, AS ADDED BY P.L.258-2017,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. (a) The statewide domestic violence fatality
review committee shall submit to the legislative council, the governor,
the Indiana criminal justice institute, and the coalition before
December 31 of each even-numbered year a report that includes the
following information:
(1) A summary of the data collected and reviewed by the
statewide domestic violence fatality review committee.
(2) Trends and patterns that have been identified by the statewide
domestic violence fatality review committee concerning deaths
due to domestic violence in Indiana.
(3) Recommended actions or resources to prevent domestic
violence fatalities in Indiana.
(b) A report submitted under this section to the legislative council
must be in an electronic format under IC 5-14-6.
(c) The statewide domestic violence fatality review committee shall
provide a copy of a report submitted under this section to a member of
the public upon request.
(d) The Indiana criminal justice institute shall make the report
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available on the Indiana criminal justice institute's Internet web site.
website.
SECTION 175. IC 12-20-28-4, AS ADDED BY P.L.75-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) Each township trustee within a county shall
collaborate together annually to prepare a written comprehensive list
of assistance. The list shall include assistance that is available:
(1) to the homeless population for each township; and
(2) from both public and known private resources, including
township assistance.
The list of assistance must provide the address and telephone number
of each listed public and private resource.
(b) Not later than March 1 of each year, the list prepared under this
section shall be:
(1) distributed to each city, town, and township within a county;
and
(2) if the county has an Internet web site, a website, published
and maintained on the county's Internet web site. website.
SECTION 176. IC 12-21-5-5, AS AMENDED BY P.L.10-2019,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The division shall develop a statewide
program for suicide prevention.
(b) The division shall employ a coordinator of the statewide
program for suicide prevention to implement and maintain the
statewide program for suicide prevention.
(c) The statewide program for suicide prevention must include a
state plan for suicide prevention that must address the following:
(1) Educational opportunities and activities to increase awareness
and knowledge of the public.
(2) Training for individuals who may have frequent contact with
individuals at risk of suicide on warning signs and tendencies that
may evidence that an individual is considering suicide.
(3) Materials to increase public awareness of suicide and suicide
prevention.
(4) Enhancement of crisis services relating to suicide prevention.
(5) Assistance for school corporations on suicide awareness and
intervention training.
(6) Coordination of county and regional advisory groups to
support the statewide program.
(7) Coordination with appropriate entities to identify and address
barriers in providing services to individuals at risk of suicide.
(8) Maintenance of an Internet web site a website containing
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information and resources related to suicide awareness,
prevention, and intervention.
(9) Development of recommendations for improved collection of
data on suicide and factors related to suicide.
(10) Development and submission of proposals for funding from
federal agencies or other sources of funding.
SECTION 177. IC 13-13-7.1-6, AS AMENDED BY P.L.42-2024,
SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. The chairperson of the legislative council shall
appoint the chair of the panel from the members appointed under
section 2(1) or 2(2) of this chapter. The chair of the panel serves at the
pleasure of the chairperson of the legislative council. The panel shall
meet at the call of the chairperson. chair of the panel.
SECTION 178. IC 14-10-2-2.5, AS AMENDED BY P.L.128-2024,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2.5. (a) A person who is the party in a hearing
under this title or IC 4-15-10.5 may move to have the:
(1) administrative law judge appointed under IC 4-15-10.5; or
(2) administrative law judge appointed under section 2 of this
chapter;
consolidate multiple proceedings that are subject to the jurisdiction of
both the office of administrative law proceedings and the division of
hearings.
(b) An administrative law judge shall grant the motion made under
subsection (a) if the following findings are made:
(1) The proceedings include the following:
(A) Common questions of law or fact.
(B) At least one (1) person, other than the department or the
department of environmental management, who is a party to
all the proceedings.
(C) Issues of water quality, water quantity, or both.
(2) Consolidation may support administrative efficiency.
(c) If a motion to consolidate proceedings has been granted under
subsection (b), the hearing must be conducted by a panel that consists
of at least two (2) administrative law judges. The panel is the ultimate
authority for matters authorized under IC 4-21.5-7-5 IC 4-15-10.5 and
this title. Any party, including the department and the department of
environmental management, may petition an appropriate court for
judicial review of a final determination of the panel.
(d) The office of administrative law proceedings and the division of
hearings shall adopt joint rules to implement this section.
SECTION 179. IC 14-12-2-15, AS AMENDED BY P.L.42-2024,
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SECTION 107, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 15. (a) As used in this section,
"appointing authority" refers to:
(1) the governor in the case of a member appointed under section
14(b)(7) of this chapter; or
(2) the speaker of the house of representatives, the minority leader
of the house of representatives, the president pro tempore of the
senate, or the minority leader of the senate in the case of a
member appointed under section 14(b)(8) of this chapter,
whichever is applicable.
(b) As used in this section, "member" refers to a member of the
project commission appointed under section 14(b)(7) through 14(b)(8)
of this chapter.
(c) Except as provided in subsection (e), The term of a member
begins on the later of the following:
(1) The day the term of the member who the individual is
appointed to succeed expires.
(2) The day the individual is appointed by the appointing
authority.
(d) A member serves at the pleasure of the appointing authority. The
term of a member expires as follows:
(1) June 30 of an odd-numbered year for a member appointed
under section 14(b)(8) of this chapter.
(2) June 30, 2025, and each fourth year thereafter for a member
appointed under section 14(b)(7)(C)(i), 14(b)(7)(C)(iii), or
14(b)(7)(C)(v) of this chapter.
(3) December 31, 2025, and each fourth year thereafter for a
member appointed under section 14(b)(7)(C)(ii) or
14(b)(7)(C)(iv) of this chapter.
(e) The appointing authority may reappoint a member for a new
term.
(f) The appointing authority shall appoint an individual to fill a
vacancy among the members. An individual appointed to fill a vacancy
serves for the unexpired term of the individual's predecessor.
SECTION 180. IC 14-12-2-17, AS AMENDED BY P.L.42-2024,
SECTION 109, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 17. (a) The project commission
shall meet at least quarterly and at the call of the chairman. chair.
(b) The project commission may convene a meeting at any location
in Indiana.
(c) The project commission shall plan and conduct meetings in a
manner that promotes broad public participation and ensures that the
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views of the members of the public attending the meetings may be
fairly presented.
(d) The department of natural resources shall provide staff support
to the project commission.
SECTION 181. IC 14-28-1-22, AS AMENDED BY P.L.105-2024,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 22. (a) As used in subsection (b)(1) with respect
to a stream, "total length" means the length of the stream, expressed in
miles, from the confluence of the stream with the receiving stream to
the upstream or headward extremity of the stream, as indicated by the
solid or dashed, blue or purple line depicting the stream on the most
current edition of the seven and one-half (7 1/2) minute topographic
quadrangle map published by the United States Geological Survey,
measured along the meanders of the stream as depicted on the map.
(b) A person is not required to obtain a permit from the department
for the following activities:
(1) A reconstruction or maintenance project (as defined in
IC 36-9-27) on a stream or an open regulated drain if the total
length of the stream or open drain is not more than ten (10) miles.
(2) A construction or reconstruction project on a state or county
highway bridge in a rural area that crosses a stream having an
upstream drainage area of not more than fifty (50) square miles
and the relocation of utility lines associated with the construction
or reconstruction project if confined to an area not more than one
hundred (100) feet from the limits of the highway construction
right-of-way.
(3) The performance of an activity described in subsection (c)(1)
or (c)(2) by a surface coal mining operation that is operated under
a permit issued under IC 14-34.
(4) Any other activity that is determined by the commission,
according to rules adopted under IC 4-22-2, to pose not more than
a minimal threat to floodway areas.
(5) An activity in a boundary river floodway to which section 26.5
of this chapter applies.
(6) The activities of a forestry operation that are:
(A) conducted in compliance with the Indiana Logging and
Forestry Best Management Practices Field Guide published by
the department of natural resources; and
(B) confined to a waterway that has a watershed not greater
than ten (10) square miles.
(7) The removal of a logjam or mass of wood debris that has
accumulated in a river or stream, subject to the following
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conditions:
(A) Work must not be within a salmonid stream designated
under 327 IAC 2-1.5-5 without the prior written approval of
the department's division of fish and wildlife.
(B) Work must not be within a natural, scenic, or recreational
river or stream designated under 312 IAC 7-2.
(C) Except as otherwise provided in Indiana law, the following
apply to logs that are crossways in the channel:
(i) Free logs must be relocated and removed from the flood
plain. A free log includes a log that is still attached to a root
system that is no longer in the ground.
(ii) Affixed logs must be cut, relocated, and removed from
the floodplain. flood plain. An affixed log includes a log
that is still attached to a root system that is still in the
ground. If the root system is still in the ground, the log must
be cut so as to allow the root system to remain in the ground.
However, cutting and removing the affixed log is not
required if, in the opinion of the individual removing the
log, the cutting and removing would create an unreasonable
risk of bodily harm to the individual.
Logs may be maintained in the floodplain flood plain if
properly anchored or otherwise secured so as to resist flotation
or dislodging by the flow of water and placement in an area
that is not a wetland. Logs must be removed and secured with
a minimum of damage to vegetation.
(D) Isolated or single logs that are embedded, lodged, or
rooted in the channel, and that do not span the channel or
cause flow problems, must not be removed unless the logs are
either of the following:
(i) Associated with or in close proximity to larger
obstructions.
(ii) Posing a hazard to agriculture, business, navigation, or
property.
(E) A leaning or severely damaged tree that is in immediate
danger of falling into the waterway may be cut and removed.
The root system and stump of the tree must be left in place.
(F) To the extent practicable, the construction of access roads
must be minimized, and should not result in the elevation of
the floodplain. flood plain.
(G) To the extent practicable, work should be performed
exclusively from one (1) side of a waterway. Crossing the bed
of a waterway is prohibited.
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(H) To prevent the flow of sediment laden water back into the
waterway, appropriate sediment control measures must be
installed.
(I) Within fifteen (15) days, all bare and disturbed areas must
be revegetated with a mixture of grasses and legumes. Tall
fescue must not be used under this subdivision, except that low
endophyte tall fescue may be used in the bottom of the
waterway and on side slopes.
(J) A logjam or mass of wood debris that is removed from a
river or stream may be burned so completely as to eliminate
the risk that the resulting ash and remnants will not cause
another logjam, unless a local ordinance specifies otherwise.
(K) Subject to clause (M), A person removing a logjam or a
mass of wood debris from a river or stream under this
subdivision without obtaining a permit:
(i) may use the means that the person believes to present the
lowest risk of physical injury to individuals performing the
removal work; and
(ii) may, subject to clause (G), use mechanical equipment
appropriate to the task of removing the logjam or mass of
wood debris.
(L) A person removing a logjam or a mass of wood debris
from a river or stream under this subdivision must comply
with the following:
(i) Section 404 of the federal Clean Water Act (33 U.S.C.
1344).
(ii) IC 13-18-22 (state regulated wetlands).
(c) Except for an activity under subsection (b), a person who desires
to:
(1) erect, make, use, or maintain a structure, an obstruction, a
deposit, or an excavation; or
(2) suffer or permit a structure, an obstruction, a deposit, or an
excavation to be erected, made, used, or maintained;
in or on a floodway must file with the director a verified written
application for a permit. The permit application must be accompanied
by a nonrefundable minimum fee of two hundred dollars ($200).
(d) A permit application filed under this section:
(1) must set forth the material facts concerning the structure,
obstruction, deposit, or excavation; and
(2) must be accompanied by plans and specifications for the
structure, obstruction, deposit, or excavation.
(e) This subsection does not apply to the state or a county, city, or
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town. A person who files a permit application under this section must
provide:
(1) documentation of the person's ownership of the site where the
proposed work will be performed; or
(2) an affidavit from the owner of the site where the proposed
work will be performed expressly authorizing the performance of
the proposed work on that site.
(f) A person who applies for a permit under this section may file an
amendment to the person's permit application. The director may
approve a permit application amendment filed under this subsection
only if the permit, as amended by the amendment, would meet the
requirements of this section.
(g) Two (2) or more persons may jointly apply for a permit under
this section.
(h) A person described in subsection (c) must receive a permit from
the director for the work before beginning construction. The director
shall issue a permit only if, in the opinion of the director, the applicant
has clearly proven that the structure, obstruction, deposit, or excavation
will not do any of the following:
(1) Adversely affect the efficiency of or unduly restrict the
capacity of the floodway.
(2) Constitute an unreasonable hazard to the safety of life or
property.
(3) Result in unreasonably detrimental effects upon fish, wildlife,
or botanical resources.
(i) In deciding whether to issue a permit under this section, the
director shall consider the cumulative effects of the structure,
obstruction, deposit, or excavation. The director may incorporate in and
make a part of an order of authorization conditions and restrictions that
the director considers necessary for the purposes of this chapter.
(j) The following apply to a permit issued under this section:
(1) Except as provided in subdivisions (2) and (3), a permit is
valid for two (2) years after the date of issuance of the permit.
(2) A permit issued to:
(A) the Indiana department of transportation or a county
highway department in connection with a construction project,
if there is any federal funding for the project; or
(B) an electric utility for the construction of a power
generating facility;
is valid for five (5) years from the date of issuance of the permit.
(3) A permit issued to a quarrying or aggregate company for the
excavation of industrial materials, including:
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(A) clay and shale;
(B) crushed limestone and dolostone;
(C) dimension limestone;
(D) dimension sandstone;
(E) gypsum;
(F) peat;
(G) construction sand and gravel; and
(H) industrial sand;
is valid for the duration of the permitted project, subject to
periodic compliance evaluations.
However, a permit issued under this section expires if construction is
not commenced within two (2) years after the permit is issued.
(k) The holder of a permit issued under subsection (j)(3) shall notify
the commission of the completion of the permitted project within six
(6) months after completing the permitted project.
(l) The following apply to the renewal of a permit issued under this
section:
(1) A permit to which subsection (j)(1) applies may be renewed
one (1) time for a period not to exceed two (2) additional years.
(2) A permit to which subsection (j)(2) applies may be renewed
one (1) time for a period not to exceed five (5) additional years.
(m) The director shall send a copy of each permit issued under this
section to each river basin commission organized under:
(1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
(2) IC 14-13-9, IC 14-30-1 (before its repeal), or IC 36-7-6
(before its repeal);
that is affected.
(n) The permit holder shall post and maintain a permit issued under
this section at the authorized site.
(o) For the purposes of this chapter, the lowest floor of a building,
including a residence or abode, that is to be constructed or
reconstructed in the one hundred (100) year floodplain flood plain of
an area protected by a levee that is:
(1) inspected; and
(2) found to be in good or excellent condition;
by the United States Army Corps of Engineers shall not be lower than
the one hundred (100) year frequency flood elevation plus one (1) foot.
SECTION 182. IC 16-19-3-4, AS AMENDED BY P.L.93-2024,
SECTION 127, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The executive board may, by
an affirmative vote of a majority of its members, adopt reasonable rules
under IC 4-22-2 on behalf of the state department to protect or to
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improve the public health in Indiana.
(b) The rules may concern but are not limited to the following:
(1) Nuisances dangerous to public health.
(2) The pollution of any water supply other than where
jurisdiction is in the environmental rules board and department of
environmental management.
(3) The disposition of excremental and sewage matter.
(4) The control of fly and mosquito breeding places.
(5) The detection, reporting, prevention, and control of diseases
that affect public health.
(6) The care of maternity and infant cases and the conduct of
maternity homes.
(7) The production, distribution, and sale of human food.
(8) Except as provided in section 4.4 of this chapter, the conduct
of camps.
(9) Standards of cleanliness of eating facilities for the public.
(10) Standards of cleanliness of sanitary facilities offered for
public use.
(11) The handling, disposal, disinterment, and reburial of dead
human bodies.
(12) Vital statistics.
(13) Sanitary conditions and facilities in public buildings and
grounds, including plumbing, drainage, sewage disposal, water
supply, lighting, heating, and ventilation, other than where
jurisdiction is vested by law in the fire prevention and building
safety commission or other state agency.
(14) The design, construction, and operation of swimming and
wading pools. However, the rules governing swimming and
wading pools do not apply to a pool maintained by an individual
for the sole use of the individual's household and house guests.
(c) The executive board shall adopt reasonable rules to regulate the
following:
(1) The sanitary operation of tattoo parlors.
(2) The sanitary operation of body piercing facilities.
(d) The executive board may adopt rules on behalf of the state
department for the efficient enforcement of this title, except as
otherwise provided. However, fees for inspections relating to weight
weights and measures may not be established by the rules.
(e) The executive board may declare that a rule described in
subsection (d) is necessary to meet an emergency and adopt the rule
under IC 4-22-2.
(f) The rules of the state department may not be inconsistent with
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this title and or any other state law.
SECTION 183. IC 16-19-3-27, AS AMENDED BY P.L.160-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 27. (a) The state department shall:
(1) study the use of:
(A) recirculation media filters;
(B) aeration treatment units;
(C) drip irrigation;
(D) graveless gravelless trenches; and
(E) new technologies;
for residential onsite sewage systems that will cause systems to
perform satisfactorily as alternatives to currently operating
systems that do not perform satisfactorily because of soil
characteristics, lot sizes, topographical conditions, or high water
tables; and
(2) take all actions necessary to develop plans and specifications
for use of the technologies listed in subdivision (1) in residential
onsite sewage systems.
(b) The executive board shall adopt reasonable rules under
IC 4-22-2 to:
(1) promulgate the plans and specifications developed under
subsection (a); and
(2) allow for the issuance of operating permits for:
(A) residential onsite sewage systems that are installed in
compliance with the plans and specifications promulgated
under subdivision (1); and
(B) onsite residential sewage discharging disposal systems in
a county that complies with IC 13-18-12-9.
SECTION 184. IC 16-21-8-9, AS ADDED BY P.L.41-2007,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) Prior to the discharge of a victim from the
hospital, a provider shall:
(1) require the victim to sign a form that notifies the victim of his
or her rights under this chapter;
(2) provide a copy of the signed form to the victim; and
(3) inform law enforcement that the sample is available.
(b) The director of the Indiana criminal justice institute may delay
the implementation of this section until the earlier of the following:
(1) A date set by the director.
(2) The date funding becomes available by a grant through the
criminal justice institute or by an appropriation from the general
assembly.
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If the director of the criminal justice institute delays implementation of
this section, the director shall notify the prosecuting attorney of each
county of the director's action and when funding become becomes
available to implement this section.
SECTION 185. IC 16-42-24-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. A neurosurgeon or
an orthopedic surgeon may not be subjected to disciplinary action by
the medical licensing board of Indiana for administering chymopapain
to a patient under the neurosurgeons's neurosurgeon's or orthopedic
surgeon's care to treat certain back ailments if the patient has signed the
request form described in section 7 of this chapter.
SECTION 186. IC 20-21-3-6, AS AMENDED BY P.L.42-2024,
SECTION 137, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 6. (a) At the board's last meeting
before July 1 of each year, the board shall elect one (1) member to be
chair of the board.
(b) The member elected chair of the board serves as chair beginning
July 1 after elected by the board.
(c) The board may reelect a member as chair of the board.
(d) The board shall annually elect one (1) of its members to serve as
the secretary for the board.
(e) The board shall meet at the call of the chair of the board at least
five (5) times during each school year.
SECTION 187. IC 20-26-5-11.2, AS ADDED BY P.L.110-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11.2. (a) This section applies to:
(1) a school corporation;
(2) a charter school;
(3) a state accredited nonpublic school; and
(4) an entity with which the school corporation, charter school, or
state accredited nonpublic school contracts for services;
concerning employees of the school corporation, charter school, state
accredited nonpublic school, or entity who are likely to have direct,
ongoing contact with children within the scope of the employees'
employment.
(b) Subject to section 10(k) of this chapter and subsection (f), a
school corporation, charter school, state accredited nonpublic school,
or entity may not employ or contract with, and shall terminate the
employment of or contract with, an individual convicted of any of the
following offenses:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
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(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Aggravated battery (IC 35-42-2-1.5).
(6) Kidnapping (IC 35-42-3-2).
(7) A sex offense (as defined in IC 11-8-8-5.2).
(8) Carjacking (IC 35-42-5-2) (repealed).
(9) Arson (IC 35-43-1-1).
(10) Public indecency (IC 35-45-4-1(a)(3), IC 35-45-4-1(a)(4),
and IC 35-45-4-1(b)) committed:
(A) after June 30, 2003; or
(B) before July 1, 2003, if the person committed the offense
by, in a public place, engaging in sexual intercourse or other
sexual conduct (as defined in IC 35-31.5-2-221.5).
(11) Neglect of a dependent as a Class B felony (for a crime
committed before July 1, 2014) or a Level 1 felony or Level 3
felony (for a crime committed after June 30, 2014) (IC
35-46-1-4(b)(2) and IC 35-46-1-4(b)(3)).
(12) Child selling (IC 35-46-1-4(d)).
(13) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
If an entity described in subsection (a)(4) obtains information that an
individual employed by the entity who works at a particular school
corporation, charter school, or state accredited nonpublic school has
been convicted of an offense described in this subsection, the entity
shall immediately notify the school corporation, charter school, or state
accredited nonpublic school of the employee's conviction.
(c) After June 30, 2023, a school corporation, charter school, state
accredited nonpublic school, or entity may employ or contract with an
individual convicted of any of the following offenses if a majority of
the members elected or appointed to the governing body of the school
corporation, or the equivalent body for a charter school, approves the
employment or contract as a separate, special agenda item, or if the
school administrator of a state accredited nonpublic school informs the
administrator's appointing authority of the hiring:
(1) An offense relating to operating a motor vehicle while
intoxicated under IC 9-30-5.
(2) Reckless homicide (IC 35-42-1-5).
(3) Battery (IC 35-42-2-1).
(4) Domestic battery (IC 35-42-2-1.3).
(5) Criminal confinement (IC 35-42-3-3).
(6) Public indecency (IC 35-45-4-1(a)(1) or IC 35-45-4-1(a)(2))
committed:
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(A) after June 30, 2003; or
(B) before July 1, 2003, if the person committed the offense
by, in a public place, engaging in sexual intercourse or other
sexual conduct (as defined in IC 35-31.5-2-221.5).
(7) Contributing to the delinquency of a minor (IC 35-46-1-8).
(8) An offense involving a weapon under IC 35-47 or IC 35-47.5.
(9) An offense relating to controlled substances under IC 35-48-4,
other than an offense involving marijuana or paraphernalia used
to consume marijuana.
(d) An individual employed by a school corporation, charter school,
state accredited nonpublic school, or entity described in subsection (a)
shall notify the governing body of the school, if during the course of the
individual's employment, the individual:
(1) is convicted in Indiana or another jurisdiction of an offense
described in subsection (b) or subsection (c); or
(2) is the subject of a substantiated report of child abuse or
neglect.
(e) A school corporation, charter school, state accredited nonpublic
school, or entity may use information obtained under section 10 of this
chapter concerning an individual being the subject of a substantiated
report of child abuse or neglect as grounds to not employ or contract
with the individual.
(f) A school corporation, charter school, state accredited nonpublic
school, or entity is not required to consider whether information
concerning an individual's conviction:
(1) requires the school or entity to:
(A) not employ; or
(B) not contract with; or
(2) constitutes grounds to terminate the employment of or contract
with;
an individual under subsection (b) if the individual's conviction is
reversed, vacated, or set aside.
(g) Nothing in this section prohibits a school corporation, charter
school, state accredited nonpublic school, or entity from establishing
procedures to verify the accuracy of the information obtained under
section 10 of this chapter concerning an individual's conviction.
(h) A school corporation, charter school, or state accredited
nonpublic school may not hire or contract with an individual:
(1) who is required to wear an ankle monitor as the result of a
criminal conviction;
(2) who entered into an agreement to settle an allegation of
misconduct relating to the health, safety, or well-being of a
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student at a school corporation, charter school, or state accredited
nonpublic school, if the agreement included a nondisclosure
agreement covering the alleged misconduct; or
(3) who, in an academic environment, engaged in a course of
conduct involving repeated or continuing contact with a child that
is intended to prepare or condition the child for sexual activity (as
defined in IC 35-42-4-13);
unless a majority of the members elected or appointed to the governing
body of the school corporation, or the equivalent body for a charter
school, approves the hire or contract as a separate, special agenda item,
or unless the school administrator of a state accredited nonpublic
school informs the administrator's appointing authority of the hiring.
(i) For purposes of subsection (h), "misconduct relating to the
health, safety, or well-being of a student" includes:
(1) engaging in a pattern of flirtatious or otherwise inappropriate
comments;
(2) making any effort to gain unreasonable access to, and time
alone with, any student with no discernable discernible
educational purpose;
(3) engaging in any behavior that can reasonably be construed as
involving an inappropriate and overly personal and intimate
relationship with, conduct toward, or focus on a student;
(4) telling explicit sexual jokes and stories;
(5) making sexually related comments;
(6) engaging in sexual kidding or teasing;
(7) engaging in sexual innuendos or making comments with
double entendre;
(8) inappropriate physical touching;
(9) using spoken, written, or any electronic communication to
importune, invite, participate with, or entice a person to expose or
touch the person's own or another person's intimate body parts or
to observe the student's intimate body parts via any form of
computer network or system, any social media platform,
telephone network, or data network or by text message or instant
messaging;
(10) sexual advances or requests for sexual favors;
(11) physical or romantic relationship including but not limited to
sexual intercourse or oral sexual intercourse;
(12) discussion of one's personal romantic or sexual feelings or
activities;
(13) discussion, outside of a professional teaching or counseling
context endorsed or required by an employing school district, of
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a student's romantic or sexual feelings or activities;
(14) displaying, sharing, or transmitting pornographic or sexually
explicit materials;
(15) any physical contact that the student previously has indicated
is unwelcome, unless such contact is professionally required, such
as to teach a sport or other skill, or to protect the safety of the
student or others;
(16) other than for purposes of addressing student dress code
violations or concerns, referencing the physical appearance or
clothes of a student in a way that could be interpreted as sexual;
and
(17) self-disclosure or physical exposure of a sexual, romantic, or
erotic nature.
SECTION 188. IC 20-26-7.1-4, AS AMENDED BY P.L.36-2024,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) Not later than thirty (30) days after the date
a governing body of a school corporation determines at a public
meeting to cease using a covered school building for classroom
instruction on student instructional days (as described in IC 20-30-2-2)
for a school year as required under IC 20-30-2-3, a school corporation
shall provide written notice to the department regarding the date that
the covered school building has ceased or will cease being used for
classroom instruction as described in this subsection.
(b) If the school corporation does not intend to make a covered
school building available for lease or purchase in accordance with this
chapter, the school corporation shall state in the notice required under
subsection (a) the factual and legal basis for the school corporation's
contention that the covered school building is not required to be made
available under this chapter. Any claim for exclusion from a
requirement to make the covered school building available under this
chapter which is not stated in the notice under this subsection is
waived.
(c) If a school corporation does not provide notice to the department
under subsection (a), any claim for exclusion from a requirement to
make the covered school building available under this chapter is
waived.
(d) Not later than fifteen (15) days after the date that the department
receives a notice from a school corporation under subsection (a), the
department shall provide written notice to all interested persons
regarding the notice from the school corporation submitted under
subsection (a).
(e) If a notice from a school corporation under subsection (a)
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acknowledges that the covered school building will be made available
in accordance with this chapter, the department's notice to interested
persons shall provide that any notice of interest by an interested person
for the covered school building must be submitted to the department
not later than sixty (60) days after the date the interested person
receives the department's notice under subsection (d).
(f) If a notice from a school corporation under subsection (a)
includes a claim that the covered school building will not be made
available under this chapter, an interested person may submit to the
department, not later than thirty (30) days after the date the interested
person receives the notice from the department under subsection (d),
a rebuttal to the factual and legal basis for the school corporation's
contention that the covered school building is not required to be made
available under this chapter.
(g) The department shall, not later than sixty (60) days after the date
that a rebuttal is due under subsection (f), issue a determination to the
school corporation and interested persons as to whether the covered
school building must be made available under this chapter. The
department shall publish a copy of the department's determination on
the department's website.
(h) Not later than thirty (30) days after the date that the department
issues a determination under subsection (g), a school corporation or
interested person may appeal the determination to the state board. An
appeal to the state board shall be subject to the procedure described in
IC 20-26-11-15(b).
(i) Not later than fifteen (15) days after:
(1) the time expires for an appeal of to the state board of a
department determination under subsection (g) or IC 20-26-7-47
that a covered school building be made available; or
(2) a determination by the state board that a covered school
building is to be made available is issued;
the governing body shall take the actions specified by subsection (j). If
the governing body fails to take the actions, the department shall
request that the attorney general enforce the order under section 9(a)
of this chapter.
(j) If a covered school building is to be made available, the
governing body shall do the following:
(1) Make the covered school building available for inspection by
a charter school or state educational institution that notifies the
department that it is interested in leasing or purchasing the
covered school building.
(2) Make the following information available to a charter school
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or state educational institution described in subdivision (1):
(A) Estimates of the operating expenses for the covered school
building for the past three (3) years.
(B) Written information regarding the condition of the covered
school building, including the age of the roof and the HVAC
system, and any known conditions which, in the governing
body's opinion, require prompt repair or replacement.
(C) A legal description of the property.
(k) If the governing body fails to take the actions required under
subsection (j), a charter school having notified the school corporation
of its interest in the covered school building is entitled to an injunction
requiring the governing body to take the actions under subsection (j).
(l) The school corporation shall lease the covered school building
to a charter school or state educational institution for one dollar ($1)
per year for as long as the state educational institution uses the covered
school building for an academic purpose or the charter school uses the
covered school building for classroom instruction, for a term at the
state educational institution's or charter school's discretion, or sell the
covered school building for one dollar ($1), if the charter school or
state educational institution does the following:
(1) Within ninety (90) days of receiving the department's notice
under subsection (d), a charter school or state educational
institution must submit a preliminary request to purchase or lease
the covered school building.
(2) Subject to subsection (m), within ninety (90) days of receiving
the department's notice under subsection (d), a charter school or
state educational institution must submit to the school corporation
the following information:
(A) The name of the charter school or state educational
institution that is interested in leasing or purchasing the
covered school building.
(B) A time frame, which may not exceed three (3) years from
the date that the covered school building is to be closed, no
longer used, or no longer occupied, in which the:
(i) charter school intends to begin providing classroom
instruction in the covered school building; or
(ii) state educational institution intends to begin using the
covered school building for an academic purpose.
(C) A resolution, adopted by the board of the charter school or
state educational institution stating that the board of the
charter school or state educational institution has determined
that, after the charter school or state educational institution has
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made any necessary repairs or modifications, the covered
school building will be sufficient to meet the charter school's
or state educational institution's needs and can be operated
within the charter school's or state educational institution's
budget.
(m) If the department does not receive any preliminary requests to
purchase or lease a covered school building within the time frame
described in subsection (l)(1), the department shall send notification to
the school corporation that the department has not received any
preliminary requests to purchase or lease the covered school building.
Upon receipt of the notification under this subsection, the school
corporation may sell or otherwise dispose of the covered school
building in accordance with IC 36-1-11, IC 20-25-4-14, and
IC 20-26-5-4(a)(7).
(n) If only one (1) charter school submits a preliminary request to
purchase or lease the covered school building, the department shall
notify the school corporation of the identity of the charter school and
direct the school corporation to complete a sale or lease to the charter
school in accordance with subsection (r). In the event that two (2) or
more charter schools submit a preliminary request to purchase or lease
a covered school building within the time frame described in
subsection (l)(1), the department shall send notification to each
interested person and the school corporation that the department has
received two (2) or more preliminary requests under this section. An
authorizer committee shall be established, with each statewide
authorizer that has authorized one (1) or more charter schools
appointing a representative, and the committee shall establish the
chairperson and procedures for the committee. Within sixty (60) days
of receiving notice under this subsection, the committee shall select
which charter school may proceed under subsection (r) to purchase or
lease the covered school building or determine if two (2) or more
charter schools should co-locate within the covered school building.
The committee shall base the committee's decision on the following
criteria:
(1) Preference shall be given to existing charter schools that have
a proven track record of student academic performance.
(2) If two (2) or more charter schools of proven academic
performance are competing and only one (1) charter school is
operating in the county in which the covered school building is
located, the charter school in the same county as the covered
school building shall be given preference.
In the event that the committee determines that two (2) or more charter
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schools should co-locate in the covered school building, the charter
schools have sixty (60) days to submit a memorandum of
understanding stating that the charter schools shall be jointly and
severally liable for the obligations related to the sale or lease of the
covered school building, and specifying how the charter schools will
utilize the covered school building and share responsibility for
operational, maintenance, and renovation expenses. If the charter
schools are unable to agree, the charter schools shall be deemed to have
revoked their prior request regarding the lease or sale of the covered
school building. The committee shall give notice of the committee's
decision to the school corporation and each interested person. A charter
school that is not selected by the committee may appeal the decision to
the state board not more than thirty (30) days after receipt of the
committee's decision. The state board shall issue a final order in the
appeal not more than sixty (60) days after receipt of a properly filed
appeal. Notice of the appeal and the final order in the appeal must be
given to the school corporation.
(o) If a charter school does not submit a preliminary request to
purchase or lease the covered school building and only one (1) state
educational institution submits a preliminary request to purchase or
lease the covered school building, the department shall:
(1) notify the school corporation of the identity of the state
educational institution; and
(2) direct the school corporation to complete a sale or lease to the
state educational institution in accordance with subsection (r).
(p) If one (1) or more state educational institutions submit
preliminary requests to purchase or lease a covered school building, a
selection committee shall be established consisting of one (1) member
appointed by the executive of the largest city or town in the county in
which the covered school building is located, one (1) member
appointed by the city or town council of the largest city or town in the
county in which the covered school building is located, one (1) member
appointed by the county commissioners of the county in which the
covered school building is located, one (1) member appointed by the
county council of the county in which the covered school building is
located, and one (1) member appointed by the chamber of commerce
of the county in which the covered school building is located.
(q) Not later than sixty (60) days after the date that a member is
appointed under subsection (p), the committee shall:
(1) select which state educational institution may proceed to
purchase or lease the covered school building; or
(2) determine whether more than one (1) state educational
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institution should co-locate within the covered school building.
In making the committee's determination, the committee shall give
preference to a state educational institution whose proposed use of the
covered school building is assessed as having the greatest educational
benefit for prekindergarten through grade 12 education. A committee
determination under this subsection may not be appealed.
(r) A school corporation shall lease the covered school building for
one dollar ($1) per year to the charter school or state educational
institution for as long as the:
(1) charter school uses the covered school building for classroom
instruction for any combination of kindergarten through grade 12;
or
(2) state educational institution uses the covered school building
for an academic purpose.
The term of the lease shall be established at the charter school's or state
educational institution's discretion and include an option for the state
educational institution or charter school to purchase the covered school
building for one dollar ($1). Alternatively, the school corporation shall
sell the covered school building to the charter school or state
educational institution for one dollar ($1), if the charter school or state
educational institution has met the requirements set forth in subsection
(l) and uses the covered school building in the manner prescribed by
this subsection. If the charter school or state educational institution
selected to lease or purchase the covered school building has met the
requirements under subsection (l), the school corporation has not more
than ninety (90) days after the date notice of a final unappealable
decision is received by the school corporation to complete the lease or
sale of the covered school building to the charter school or state
educational institution. If the transaction is not completed within ninety
(90) days, the department or the selected charter school or state
educational institution may, under section 9 of this chapter, request that
the attorney general enforce the sale or lease or may file suit to enforce
the sale or lease. If a charter school or state educational institution has
not met the requirements under subsection (l), the school corporation
may sell or otherwise dispose of the covered school building in
accordance with IC 36-1-11, IC 20-25-4-14, and IC 20-26-5-4(a)(7).
SECTION 189. IC 20-26-12-1, AS AMENDED BY P.L.93-2024,
SECTION 141, AND AS AMENDED BY P.L.136-2024, SECTION
41, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as provided in
subsection (b) but notwithstanding any other law, each governing body
of a school corporation and each organizer of a charter school shall
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purchase from a publisher, either individually or through a purchasing
cooperative of school corporations, as applicable, the curricular
materials selected by the proper local officials, and shall provide at no
cost the curricular materials to each student enrolled in the school
corporation or charter school. Curricular materials provided to a
student under this section remain the property of the governing body of
the school corporation or organizer of the charter school.
(b) This section does not prohibit a governing body of a school
corporation or an organizer of a charter school from assessing and
collecting a reasonable fee for lost or significantly damaged curricular
materials in accordance with rules established by the state board under
subsection (c). Fees collected under this subsection must be deposited
in the: separate curricular materials account established under
IC 20-40-22-9 for
(1) education fund of the school corporation; or
(2) education fund of the charter school, or, if the charter school
does not have an education fund, the same fund into which state
tuition support is deposited for the charter school;
in which the student was enrolled at the time the fee was imposed.
(c) The state board shall adopt rules under IC 4-22-2 including
emergency rules in the manner provided in IC 4-22-2-37.1, to
implement this section.
SECTION 190. IC 20-26-13-10, AS AMENDED BY P.L.150-2024,
SECTION 18, AND AS AMENDED BY P.L.40-2024, SECTION 25,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 10. (a) Except as provided in
section 11 of this chapter and subject to IC 20-31-8-4.6 and
IC 20-32-4-14, the four (4) year graduation rate for a cohort in a high
school is the percentage determined under STEP FIVE of the following
formula:
STEP ONE: Determine the grade 9 enrollment at the beginning of
the reporting year three (3) years before the reporting year for
which the graduation rate is being determined.
STEP TWO: Add:
(A) the number determined under STEP ONE; and
(B) the number of students who:
(i) have enrolled in the high school after the date on which
the number determined under STEP ONE was determined;
and
(ii) have the same expected graduation year as the cohort.
STEP THREE: Subtract from the sum determined under STEP
TWO the number of students who have left the cohort for any of
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the following reasons:
(A) Transfer to another public or nonpublic school.
(B) Except as provided in IC 20-33-2-28.6 and subsection (b),
removal by the student's parents under IC 20-33-2-28 to
provide instruction equivalent to that given in the public
schools.
(C) Withdrawal because of a long term medical condition or
death.
(D) Detention by a law enforcement agency or the department
of correction.
(E) Placement by a court order or the department of child
services.
(F) Enrollment in a virtual school.
(G) Leaving school, if the student attended school in Indiana
for less than one (1) school year and the location of the student
cannot be determined.
(H) Leaving school, if the location of the student cannot be
determined and the student has been reported to the Indiana
clearinghouse for information on missing children, missing
veterans at risk, and missing endangered adults.
(I) Withdrawing from school before graduation, if the student
is a high ability student (as defined in IC 20-36-1-3) who is a
full-time student at an accredited institution of higher
education during the semester in which the cohort graduates.
(J) Withdrawing from school before graduation pursuant to
providing notice of withdrawal under section 17 of this
chapter.
(K) Participating in the high school equivalency pilot program
under IC 20-30-8.5, unless the student fails to successfully
complete the high school equivalency pilot program in the two
(2) year period. This clause expires June 30, 2024. 2026.
STEP FOUR: Determine the result of:
(A) the total number of students determined under STEP TWO
who have graduated during the current reporting year or a
previous reporting year; minus
(B) the amount by which the number of students who
graduated through a waiver process required under IC 20-32-3
through IC 20-32-5.1 exceeds:
(i) nine percent (9%) of the total number of students
determined under clause (A) for the 2023-2024 school year;
(ii) six percent (6%) of the total number of students
determined under clause (A) for the 2024-2025 school year;
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or
(iii) three percent (3%) of the total number of students
determined under clause (A) for each school year after June
30, 2025.
STEP FIVE: Divide:
(A) the number determined under STEP FOUR; by
(B) the remainder determined under STEP THREE.
(b) This subsection applies to a high school in which:
(1) for a:
(A) cohort of one hundred (100) students or less, at least ten
percent (10%) of the students left a particular cohort for a
reason described in subsection (a) STEP THREE clause (B);
or
(B) cohort of more than one hundred (100) students, at least
five percent (5%) of the students left a particular cohort for a
reason described in subsection (a) STEP THREE clause (B);
and
(2) the students described in subdivision (1)(A) or (1)(B) are not
on track to graduate with their cohort.
A high school must submit a request to the state board in a manner
prescribed by the state board requesting that the students described in
this subsection be included in the subsection (a) STEP THREE
calculation. The state board shall review the request and may grant or
deny the request. The state board shall deny the request unless the high
school demonstrates good cause to justify that the students described
in this subsection should be included in the subsection (a) STEP
THREE calculation. If the state board denies the request the high
school may not subtract the students described in this subsection under
subsection (a) STEP THREE.
SECTION 191. IC 20-28-5-19.7, AS AMENDED BY P.L.150-2024,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 19.7. (a) Not later than July 1, 2024, the state
board shall establish and require a literacy endorsement for individuals
first licensed after June 30, 2025, to teach a content area involving
literacy instruction, including special education, in prekindergarten
through grade 5.
(b) Except as provided in section 19.8(a) 19.8 of this chapter,
beginning July 1, 2027, the department may not renew a practitioner
license or an accomplished practitioner license, or a comparable license
under prior rules, issued to an individual who, based on the content
area for which the individual is licensed, including special education,
provides literacy instruction to students in prekindergarten through
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grade 5 unless the individual receives a literacy endorsement under this
section.
(c) To be eligible to receive a literacy endorsement, an individual
must meet the following:
(1) Complete eighty (80) hours of evidence based professional
development that is:
(A) aligned to the science of reading;
(B) provided by an organization that is:
(i) accredited by the International Dyslexia Association; or
(ii) aligned with Knowledge and Practice Standards for
Teachers of Reading (KPS) as determined by the
department; or
(C) approved by the department.
(2) Demonstrate proficiency in scientifically based reading
instruction skills aligned to the science of reading on a written
examination or through other procedures prescribed by the
department in accordance with this section.
(d) The eighty (80) hours of evidence based professional
development required under subsection (c)(1) must provide
individualized and on demand support. The evidence based
professional development required under subsection (c)(1) must:
(1) promote explicit, systematic, and cumulative instruction as the
primary approach to literacy instruction;
(2) align with both word recognition and language
comprehension;
(3) promote an understanding of how language, reading, and
writing relate to each other;
(4) promote strategies for differentiated instruction for:
(A) students with:
(i) reading difficulties; or
(ii) disabilities; and
(B) English language learners;
(5) focus on phonemic awareness, phonics, fluency, vocabulary,
and comprehension; and
(6) allow participants to implement the strategies into a classroom
environment with the opportunity for feedback throughout the
professional development experience.
(e) The written examination required under subsection (c)(2) shall
ensure the individual demonstrates the ability to:
(1) effectively teach foundational reading skills, phonemic
awareness, phonics, fluency, vocabulary, and comprehension;
(2) implement reading instruction using high quality instructional
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materials aligned to the science of reading; and
(3) provide effective instruction and interventions for students
with reading deficiencies.
(f) The department shall approve and provide the evidence based
professional development necessary for an individual to receive a
literacy endorsement under this section.
(g) The department shall establish the procedure for an existing
teacher to add the literacy endorsement established under this section
to the teacher's license.
(h) The state board shall adopt rules under IC 4-22-2 to do the
following:
(1) Adopt, validate, and implement the examination or other
procedures required by subsection (c)(2).
(2) Establish examination scores indicating proficiency.
(3) Otherwise carry out the purposes of this section.
SECTION 192. IC 20-28-9-28, AS AMENDED BY P.L.150-2024,
SECTION 26, AND AS AMENDED BY P.L.136-2024, SECTION 43,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 28. (a) Subject to subsection (g),
(c), for each school year in a state fiscal year beginning after June 30,
2023, a school corporation shall expend an amount for teacher
compensation that is not less than an amount equal to sixty-two percent
(62%) of the state tuition support, other than the state tuition support
described in subsection (b), distributed to the school corporation during
the state fiscal year. For purposes of determining whether a school
corporation has complied with this requirement, the amount a school
corporation expends for teacher compensation shall include the amount
the school corporation expends for adjunct teachers, supplemental pay
for teachers, stipends, and for participating in a special education
cooperative or an interlocal agreement or consortium that is directly
attributable to the compensation of teachers employed by the
cooperative or interlocal agreement or consortium. The amount a
school corporation expends on teacher compensation shall also
include the amount the school corporation expends on dropout
recovery educational services for an at-risk student enrolled in the
school corporation provided by an agreement with an eligible school
that is directly attributable to the compensation of teachers employed
by the eligible school. Teacher benefits include all benefit categories
collected by the department for Form 9 purposes.
(b) If a school corporation determines that the school corporation
cannot comply with the requirement under subsection (a) for a
particular school year, the school corporation shall apply for a waiver
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from the department.
(c) The waiver application must include an explanation of the
financial challenges, with detailed data, that preclude the school
corporation from meeting the requirement under subsection (a) and
describe the cost saving measures taken by the school corporation in
attempting to meet the requirement in subsection (a). The waiver may
also include an explanation of an innovative or efficient approach in
delivering instruction that is responsible for the school corporation
being unable to meet the requirement under subsection (a).
(d) If, after review, the department determines that the school
corporation has exhausted all reasonable efforts in attempting to meet
the requirement in subsection (a), the department may grant the school
corporation a one (1) year exception from the requirement.
(e) A school corporation that receives a waiver under this section
shall work with the department to develop a plan to identify additional
cost saving measures and any other steps that may be taken to allow
the school corporation to meet the requirement under subsection (a).
(f) A school corporation may not receive more than three (3)
waivers under this section.
(b) State tuition support distributed to a school corporation for
students enrolled in the school corporation who are receiving one
hundred percent (100%) virtual instruction from a teacher employed
by a third party provider with whom the school corporation has
contracted is not included as state tuition support distributed to the
school corporation for purposes of subsection (a).
(g) (c) For purposes of determining whether a school corporation
has complied with the requirement in subsection (a), distributions from
the curricular materials fund established by IC 20-40-22-5 that are
deposited in a school corporation's education fund in a state fiscal
year are not considered to be state tuition support distributed to the
school corporation during the state fiscal year.
(c) (h) (d) Before November 1, 2022, and before November 1 of
each year thereafter, the department shall submit a report to the
legislative council in an electronic format under IC 5-14-6 and the state
budget committee that contains information as to:
(1) the percent and amount that each school corporation expended
and the statewide total expended for teacher compensation;
(2) the percent and amount that each school corporation expended
and statewide total expended for teacher benefits, including
health, dental, life insurance, and pension benefits; and
(3) whether the school corporation met the requirement set forth
in subsection (a). and
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(4) whether the school corporation received a waiver under
subsection (d).
(d) (e) The department shall publish the report described in
subsection (c) (d) on the department's website.
(e) (f) Beginning after June 30, 2024, for each state fiscal year that
a school corporation fails to expend the amount for teacher
compensation as required under subsection (a), the department shall
submit in both a written and an electronic format a notice to the school
corporation's:
(1) superintendent;
(2) school business officer; and
(3) governing body;
that the school corporation failed to meet the requirements set forth in
subsection (a) for the applicable state fiscal year.
(f) (g) If a school corporation's governing body receives a notice
from the department under subsection (e), (f), the school corporation
shall do the following:
(1) Publicly acknowledge receipt of the notice from the
department at the governing body's next public meeting.
(2) Enter into the governing body's official minutes for the
meeting described in subdivision (1) acknowledgment of the
notice.
(3) Not later than thirty (30) days after the meeting described in
subdivision (1), publish on the school corporation's website:
(A) the department's notice; and
(B) any relevant individual reports prepared by the
department.
(g) (h) If the department determines a school corporation that
received one (1) or more notices from the department under subsection
(e) (f) has met the expenditure requirements required under subsection
(a) for a subsequent state fiscal year, the school corporation may
remove from the school corporation's website any:
(1) notices the school corporation received under subsection (e);
(f); and
(2) relevant individual reports prepared by the department under
subsection (f)(3). (g)(3).
SECTION 193. IC 20-32-8.5-2, AS AMENDED BY P.L.5-2024,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b), the
plan required by this chapter must include the following:
(1) Reading skill standards for grade 1 through grade 3.
(2) A method for making determinant evaluations by grade 3 that
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remedial action is required for a student, including:
(A) beginning with evaluations administered during the
2024-2025 school year, and except as provided in subsection
(c), retention of the student in grade 3 if the student has not
achieved a passing score on the determinant evaluation of
reading skills approved by the state board after the student has
had an opportunity to retake the determinant evaluation in the
summer; and
(B) the use of curricular materials and supplemental materials
aligned to the science of reading that are designed to address
deficiencies in reading;
after other methods of remediation have been evaluated or used,
or both, if reading skills are below the standard. Appropriate
consultation with parents or guardians must be part of the plan.
(3) A requirement that schools notify a student's parent of the
following:
(A) The student's assessment results regarding skill level in:
(i) phonemic awareness;
(ii) phonics;
(iii) fluency;
(iv) vocabulary; and
(v) comprehension.
(B) The student's assessment results on the determinant
evaluation of reading skills approved by the state board.
(C) Any intervention provided to the student or any remedial
action taken.
(4) A requirement that schools monitor the progress of students
who failed to achieve a valid passing score on the:
(A) determinant evaluation of reading skills approved by the
state board; or
(B) statewide assessment program test.
(5) A requirement that schools provide reading instruction that
includes a core reading program aligned with the science of
reading to all students in kindergarten through grade 8.
(6) A requirement for the administration of the determinant
evaluation of reading skills approved by the state board to
students in grade 2.
(7) A requirement that all students take the determinant
evaluation of reading skills approved by the state board until the
student:
(A) receives a passing score, regardless of the student's grade
level; or
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(B) enters grade 7.
(8) A requirement that a school report the following to the
department:
(A) The literacy interventions that will be used for students in
grade 2 who are at risk of not being reading proficient and
students in grade 3 who do not achieve a valid passing score
on the determinant evaluation of reading skills approved by
the state board.
(B) The literacy interventions in use before the adoption of the
plan for students in grade 2 who are at risk of not being
reading proficient and students in grade 3 who do not achieve
a valid passing score on the determinant evaluation of reading
skills approved by the state board.
(C) The literacy interventions in use before the adoption of the
plan for students who do not achieve a valid passing score on
the determinant evaluation of reading skills approved by the
state board.
(D) The number of students being served by the interventions
described in clauses (B) and (C).
(E) The cost of providing the interventions described in
clauses (B) and (C).
(F) Any other information requested by the department.
(9) Requirements for a school in which fewer than seventy
percent (70%) of students of the school achieved a valid passing
score on the determinant evaluation of reading skills approved by
the state board that must include the following:
(A) Use of curriculum that is:
(i) based on the science of reading; and
(ii) approved by the department.
(B) Employment of the following:
(i) Before July 1, 2025, an instructional coach who is trained
in the science of reading, as determined by the department.
This item expires January 1, 2026.
(ii) After June 30, 2025, an instructional coach with a
literacy related endorsement who is trained in the science of
reading.
(C) Use of only benchmark, formative, interim, or similar
assessments that:
(i) show alignment with Indiana's academic standards; and
(ii) are approved by the department.
(D) Use of a screener procured under IC 20-32-5.1-17(j).
(10) The fiscal impact of each component of the plan, if any. In
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determining whether a component has a fiscal impact,
consideration shall be given to whether the component will
increase costs to the state or a school corporation or require the
state or school corporation to reallocate resources.
(b) A school may receive a waiver of the requirements provided in
511 IAC 6.2-3.1-4(a)(2) if the state board approves an alternative
reading plan provided by the school.
(c) A student who would otherwise be subject to retention in grade
3 under the plan is not subject to the retention requirement only if the
student meets one (1) of the following criteria:
(1) The student was subject to retention and has been retained in
grade 3 for one (1) school year.
(2) The student has an intellectual disability or the student's
individualized education program specifies that retention is not
appropriate, and the student's case conference committee has
determined that promotion to another grade is appropriate.
(3) The student is an English learner who has received services
for fewer than two (2) years and a committee consisting of:
(A) the student's parent;
(B) a building level administrator or designee;
(C) a classroom teacher of service;
(D) an English learner teacher of record, if one exists; and
(E) an English learner district administrator, if one exists;
determines that promotion is appropriate based on the
implementation of research based instructional practices outlined
in the student's individual learning plan.
(4) The student received a score of proficient or above proficient
in grade 3 math on the statewide summative assessment.
(5) The student:
(A) has received intensive intervention as determined by the
department in reading for two (2) or more years; and
(B) was retained more than one (1) time throughout
kindergarten, grade 1, or grade 2.
(d) A student who is not subject to the retention requirement as
provided under subsection (c) must be provided with additional
reading instruction that is aligned with the science of reading until the
student achieves a passing score on the determinant evaluation of
reading skills approved by the state board.
(e) This subsection applies after June 30, 2024. Before October 1 of
each school year, the department shall:
(1) identify each incoming student (as defined in section 0.7 of
this chapter) enrolled in kindergarten in a school in Indiana; and
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(2) notify the parent or guardian of the student of the retention
requirement under this chapter for grade 3 students who do not
achieve a passing score on the Indiana reading evaluation and
determination (IRead3).
(f) The department shall establish a standard reporting process and
reporting window for schools to report students who qualify for an
exemption under subsection (c).
SECTION 194. IC 20-33-5-15, AS ADDED BY P.L.9-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 15. (a) Each school corporation shall provide each
student who applies for free or reduced priced price lunches under the
national school lunch program with an enrollment form for the
twenty-first century scholars program under IC 21-12-6.
(b) The department shall provide each school corporation with
sufficient application forms under this section.
(c) Each school shall give assistance in reading the instructions and
completing the enrollment forms for the twenty-first century scholars
program.
SECTION 195. IC 20-46-1-8, AS AMENDED BY P.L.162-2024,
SECTION 25, AND AS AMENDED BY P.L.104-2024, SECTION 51,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8. (a) Subject to subsections (e), (f),
and (g) and this chapter, the governing body of a school corporation
may adopt a resolution to place a referendum under this chapter on the
ballot for any of the following purposes:
(1) The governing body of the school corporation determines that
it cannot, in a calendar year, carry out its public educational duty
unless it imposes a referendum tax levy under this chapter.
(2) The governing body of the school corporation determines that
a referendum tax levy under this chapter should be imposed to
replace property tax revenue that the school corporation will not
receive because of the application of the credit under
IC 6-1.1-20.6.
(3) Except for resolutions described in subsection (b), the
governing body makes the determination required under
subdivision (1) or (2) and determines to share a portion of the
referendum proceeds with a charter school, excluding a virtual
charter school, in the manner prescribed in subsection (e).
(b) A resolution for a referendum for a county described in section
21 of this chapter that is adopted after May 10, 2023, shall specify that
a portion of the proceeds collected from the proposed levy will be
distributed to applicable charter schools in the manner described under
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section 21 of this chapter.
(c) The governing body of the school corporation shall certify a
copy of the resolution to place a referendum on the ballot to the
following:
(1) The department of local government finance, including:
(A) the language for the question required by section 10 of this
chapter, or in the case of a resolution to extend a referendum
levy certified to the department of local government finance
after March 15, 2016, section 10.1 of this chapter; and
(B) a copy of the revenue spending plan adopted under
subsection (g).
The language of the public question must include the estimated
average percentage increases certified by the county auditor under
section 10(e) or 10.1(f) of this chapter, as applicable. The
governing body of the school corporation shall also provide the
county auditor's certification described in section 10(e) or 10.1(f)
of this chapter, as applicable. The department of local government
finance shall post the values certified by the county auditor to the
department's website. The department shall review the language
for compliance with section 10 or 10.1 of this chapter, whichever
is applicable, and either approve or reject the language. The
department shall send its decision to the governing body of the
school corporation not more than ten (10) days after both the
certification of the county auditor described in section 10(e) or
10.1(f) of this chapter, as applicable, and the resolution is are
submitted to the department. If the language is approved, the
governing body of the school corporation shall certify a copy of
the resolution, including the language for the question and the
department's approval.
(2) The county fiscal body of each county in which the school
corporation is located (for informational purposes only).
(3) The circuit court clerk of each county in which the school
corporation is located.
(d) If a school safety referendum tax levy under IC 20-46-9 has been
approved by the voters in a school corporation at any time in the
previous three (3) years, the school corporation may not:
(1) adopt a resolution to place a referendum under this chapter on
the ballot; or
(2) otherwise place a referendum under this chapter on the ballot.
(e) Except as provided in section 21 of this chapter, the resolution
described in subsection (a) must indicate whether proceeds in the
school corporation's education fund collected from a tax levy under this
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chapter will be used to provide a distribution to a charter school or
charter schools, excluding a virtual charter school, under IC 20-40-3-5
as well as the amount that will be distributed to the particular charter
school or charter schools. A school corporation may request from the
designated charter school or charter schools any financial
documentation necessary to demonstrate the financial need of the
charter school or charter schools. Distribution to a charter school of
proceeds from a referendum held before May 10, 2023, does not
provide exemption from this chapter.
(f) This subsection applies to a resolution described in subsection
(a) for a county described in section 21(a) of this chapter that is
adopted after May 10, 2023. The resolution described in subsection (a)
shall include a projection of the amount that the school corporation
expects to be distributed to a particular charter school, excluding
virtual charter schools or adult high schools, under section 21 of this
chapter if the charter school voluntarily elects to participate in the
referendum in the manner described in subsection (i). At least sixty
(60) days before the resolution described in subsection (a) is voted on
by the governing body, the school corporation shall contact the
department to determine the number of students in kindergarten
through grade 12 who have legal settlement in the school corporation
but attend a charter school, excluding virtual charter schools or adult
high schools, and who receive not more than fifty percent (50%) virtual
instruction. The department shall provide the school corporation with
the number of students with legal settlement in the school corporation
who attend a charter school and who receive not more than fifty percent
(50%) virtual instruction, which shall be disaggregated for each
particular charter school, excluding a virtual charter school or adult
high school. The projection may include an expected increase in
charter schools during the term the levy is imposed under this chapter.
The department of local government finance shall prescribe the manner
in which the projection shall be calculated. The governing body shall
take into consideration the projection when adopting the revenue
spending plan under subsection (g).
(g) As part of the resolution described in subsection (a), the
governing body of the school corporation shall adopt a revenue
spending plan for the proposed referendum tax levy that includes:
(1) an estimate of the amount of annual revenue expected to be
collected if a levy is imposed under this chapter;
(2) the specific purposes for which the revenue collected from a
levy imposed under this chapter will be used;
(3) an estimate of the annual dollar amounts that will be expended
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for each purpose described in subdivision (2); and
(4) for a resolution for a referendum that is adopted after May 10,
2023, for a county described in section 21(a) of this chapter, the
projected revenue that shall be distributed to charter schools as
provided in subsections (f) and (i). The revenue spending plan
shall also take into consideration deviations in the proposed
revenue spending plan if the actual charter school distributions
exceed or are lower than the projected charter school distributions
described in subsection (f). The resolution shall include for each
charter school that elects to participate under subsection (i)
information described in subdivisions (1) through (3).
(h) A school corporation shall specify in its proposed budget the
school corporation's revenue spending plan adopted under subsection
(g) and annually present the revenue spending plan at its public hearing
on the proposed budget under IC 6-1.1-17-3.
(i) This subsection applies to a resolution described in subsection
(a) for a county described in section 21(a) of this chapter that is
adopted after May 10, 2023. At least forty-five (45) days before the
resolution described in subsection (a) is voted on by the governing
body, the school corporation shall contact each charter school,
excluding virtual charter schools or adult high schools, disclosed by the
department to the school corporation under subsection (f) to determine
whether the charter school will participate in the referendum. The
notice must include the total amount of the school corporation's
expected need, the corresponding estimate for that amount divided by
the number of students enrolled in the school corporation, and the date
on which the governing body of the school corporation will vote on the
resolution. The charter school must respond in writing to the school
corporation, which may be by electronic mail addressed to the
superintendent of the school corporation, at least fifteen (15) days
prior to the date that the resolution described in subsection (a) is to be
voted on by the governing body. If the charter school elects to not
participate in the referendum, the school corporation may exclude
distributions to the charter school under section 21 of this chapter and
from the projection described in subsection (f). If the charter school
elects to participate in the referendum, the charter school may receive
distributions under section 21 of this chapter and must be included in
the projection described in subsection (f). In addition, a charter school
that elects to participate in the referendum under this subsection shall
contribute a proportionate share of the cost to conduct the referendum
based on the total combined ADM of the school corporation and any
participating charter schools.
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(j) This subsection applies to a resolution described in subsection
(a) for a county described in section 21(a) of this chapter that is
adopted after May 10, 2023. At least thirty (30) days before the
resolution described in subsection (a) referendum submitted to the
voters under this chapter is voted on by the governing body, public in
a primary or general election, the school corporation that is pursuing
the resolution referendum and any charter school that has elected to
participate under subsection (i) shall post a referendum disclosure
statement on each school's respective website that contains the
following information:
(1) The salaries of all employees employed by position within the
school corporation or charter school listed from highest salary to
lowest salary and a link to Gateway Indiana for access to
individual salaries.
(2) An acknowledgment that the school corporation or charter
school is not committing any crime described in IC 35-44.1-1.
(3) A link to the school corporation's or charter school's most
recent state board of accounts audit on the state board of accounts'
website.
(4) The current enrollment of the school corporation or charter
school disaggregated by student group and race.
(5) The school corporation's or charter school's high school
graduation rate.
(6) The school corporation's or charter school's annual retention
rate for teachers for the previous five (5) years.
SECTION 196. IC 20-46-9-6, AS AMENDED BY P.L.162-2024,
SECTION 26, AND AS AMENDED BY P.L.156-2024, SECTION 30,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 6. (a) Subject to this chapter, the
governing body of a school corporation may adopt a resolution to place
a referendum under this chapter on the ballot if the governing body of
the school corporation determines that a referendum levy should be
imposed for measures to improve school safety as described in
IC 20-40-20-6(a) or IC 20-40-20-6(b).
(b) Except as provided in section 22 of this chapter, a school
corporation may, with the approval of the majority of members of the
governing body, distribute a portion of the proceeds of a tax levy
collected under this chapter that is deposited in the fund to a charter
school, excluding a virtual charter school, that is located within the
attendance area of the school corporation, to be used by the charter
school for the purposes described in IC 20-40-20-6(a).
(c) This subsection applies to a resolution described in subsection
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(a) that is adopted after May 10, 2023, in a county described in section
22(a) of this chapter. A resolution shall specify that a portion of the
proceeds of the proposed levy will be distributed to applicable charter
schools in the manner described under section 22 of this chapter if the
charter school voluntarily elects to participate in the referendum in the
manner described in subsection (i).
(d) This subsection applies to a resolution described in subsection
(a) that is adopted after May 10, 2023, in a county described in section
22(a) of this chapter. The resolution described in subsection (a) shall
include a projection of the amount that the school corporation expects
to be distributed to a particular charter school, excluding virtual charter
schools or adult high schools, under section 22 of this chapter that
elects to participate in the referendum under subsection (i). At least
sixty (60) days before the resolution described in subsection (a) is
voted on by the governing body, the school corporation shall contact
the department to determine the number of students in kindergarten
through grade 12 who have legal settlement in the school corporation
but attend a charter school, excluding virtual charter schools or adult
high schools, and who receive not more than fifty percent (50%) virtual
instruction. The department shall provide the school corporation with
the number of students with legal settlement in the school corporation
who attend a charter school, which shall be disaggregated for each
particular charter school, excluding a virtual charter school or adult
high school. The projection may include an expected increase in
charter schools during the term the levy is imposed. The department of
local government finance shall prescribe the manner in which the
projection shall be calculated. The governing body shall take into
consideration the projection when adopting the revenue spending plan
under subsection (g).
(e) The governing body of the school corporation shall certify a
copy of the resolution to the following:
(1) The department of local government finance, including:
(A) the language for the question required by section 9 of this
chapter, or in the case of a resolution to extend a referendum
levy certified to the department of local government finance,
section 10 of this chapter; and
(B) a copy of the revenue spending plan adopted under
subsection (g).
The language of the public question must include the estimated
average percentage increases certified by the county auditor under
section 9(d) or 10(f) of this chapter, as applicable. The governing
body of the school corporation shall also provide the county
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auditor's certification described in section 9(d) or 10(f) of this
chapter, as applicable. The department of local government
finance shall post the values certified by the county auditor to the
department's website. The department shall review the language
for compliance with section 9 or 10 of this chapter, whichever is
applicable, and either approve or reject the language. The
department shall send its decision to the governing body of the
school corporation not more than ten (10) days after both the
certification of the county auditor described in section 9(d) or
10(f) of this chapter, as applicable, and the resolution is are
submitted to the department. If the language is approved, the
governing body of the school corporation shall certify a copy of
the resolution, including the language for the question and the
department's approval.
(2) The county fiscal body of each county in which the school
corporation is located (for informational purposes only).
(3) The circuit court clerk of each county in which the school
corporation is located.
(f) Except as provided in section 22 of this chapter, the resolution
described in subsection (a) must indicate whether proceeds in the
school corporation's fund collected from a tax levy under this chapter
will be used to provide a distribution to a charter school or charter
schools, excluding a virtual charter school, under IC 20-40-20-6(b) as
well as the amount that will be distributed to the particular charter
school or charter schools. A school corporation may request from the
designated charter school or charter schools any financial
documentation necessary to demonstrate the financial need of the
charter school or charter schools.
(g) As part of the resolution described in subsection (a), the
governing body of the school corporation shall adopt a revenue
spending plan for the proposed referendum tax levy that includes:
(1) an estimate of the amount of annual revenue expected to be
collected if a levy is imposed under this chapter;
(2) the specific purposes described in IC 20-40-20-6 for which the
revenue collected from a levy imposed under this chapter will be
used;
(3) an estimate of the annual dollar amounts that will be expended
for each purpose described in subdivision (2); and
(4) for a resolution for a referendum that is adopted after May 10,
2023, for a county described in section 22(a) of this chapter, the
projected revenue that shall be distributed to charter schools as
provided in subsection (d). The revenue spending plan shall also
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take into consideration deviations in the proposed revenue
spending plan if the actual charter school distributions exceed or
are lower than the projected charter school distributions described
in subsection (d). The resolution shall include for each charter
school that elects to participate under subsection (i) information
described in subdivisions (1) through (3).
(h) A school corporation shall specify in its proposed budget the
school corporation's revenue spending plan adopted under subsection
(g) and annually present the revenue spending plan at its public hearing
on the proposed budget under IC 6-1.1-17-3.
(i) This subsection applies to a resolution described in subsection
(a) for a county described in section 22(a) of this chapter that is
adopted after May 10, 2023. At least forty-five (45) days before the
resolution described in subsection (a) is voted on by the governing
body, the school corporation shall contact each charter school,
excluding virtual charter schools or adult high schools, disclosed by the
department to the school corporation under subsection (f) to determine
whether the charter school will participate in the referendum. The
notice must include the total amount of the school corporation's
expected need, the corresponding estimate of that amount divided by
the number of students enrolled in the school corporation, and the date
on which the governing body of the school corporation will vote on the
resolution. The charter school must respond in writing to the school
corporation, which may be by electronic mail addressed to the
superintendent of the school corporation, at least fifteen (15) days
prior to the date that the resolution described in subsection (a) is to be
voted on by the governing body. If the charter school elects to not
participate in the referendum, the school corporation may exclude
distributions to the charter school under section 22 of this chapter and
from the projection described in subsection (d). If the charter school
elects to participate in the referendum, the charter school may receive
distributions under section 22 of this chapter and must be included in
the projection described in subsection (d). In addition, a charter school
that elects to participate in the referendum under this subsection shall
contribute a proportionate share of the cost to conduct the referendum
based on the total combined ADM of the school corporation and any
participating charter schools.
(j) This subsection applies to a resolution described in subsection
(a) for a county described in section 22(a) of this chapter that is
adopted after May 10, 2023. At least thirty (30) days before the
resolution described in subsection (a) referendum submitted to the
voters under this chapter is voted on by the governing body, public in
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a primary or general election, the school corporation that is pursuing
the resolution referendum and any charter school that has elected to
participate under subsection (i) shall post a referendum disclosure
statement on each school's respective website that contains the
following information:
(1) The salaries of all employees employed by position within the
school corporation or charter school listed from highest salary to
lowest salary and a link to Gateway Indiana for access to
individual salaries.
(2) An acknowledgment that the school corporation or charter
school is not committing any crime described in IC 35-44.1-1.
(3) A link to the school corporation's or charter school's most
recent state board of accounts audit on the state board of accounts'
website.
(4) The current enrollment of the school corporation or charter
school disaggregated by student group and race.
(5) The school corporation's or charter school's high school
graduation rate.
(6) The school corporation's or charter school's annual retention
rate for teachers for the previous five (5) years.
SECTION 197. IC 20-51.4-2-4, AS AMENDED BY P.L.127-2024,
SECTION 3, AND AS AMENDED BY P.L.162-2024, SECTION 28,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4. "Eligible student" refers to an
individual who:
(1) has legal settlement in Indiana;
(2) is at least five (5) years of age and less than twenty-two (22)
years of age on the date in the school year specified in
IC 20-33-2-7; on October 1 of the applicable school year;
(3) is a student:
(A) with a disability at the time the account is established who
requires special education and for whom:
(A) (i) an individualized education program;
(B) (ii) a service plan developed under 511 IAC 7-34; or
(C) (iii) a choice special education plan developed under
511 IAC 7-49;
has been developed; and or
(B) who is a sibling of a student described in clause (A) who
has had an ESA account established in the student's name
under IC 20-51.4-4-1; and
(4) meets the annual income qualification requirement for a
choice scholarship student under IC 20-51-1.
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SECTION 198. IC 20-51.4-4-1, AS AMENDED BY P.L.127-2024,
SECTION 5, AND AS AMENDED BY P.L.150-2024, SECTION 69,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1. (a) After June 30, 2022, a parent
of an eligible student or an emancipated eligible student may establish
an Indiana education scholarship account for the eligible student by
entering into a written agreement with the treasurer of state on a form
prepared by the treasurer of state. The treasurer of state shall establish
a date by which an application to establish an ESA account for the
upcoming school year must be submitted. However, for a school year
beginning after July 1, 2022, applications must be submitted for an
eligible student not later than September 1 for the immediately
following school year. The ESA account of an eligible student shall be
made in the name of the eligible student. The treasurer of state shall
make the agreement available on the website of the treasurer of state.
To be eligible, a parent of an eligible student or an emancipated
eligible student wishing to participate in the ESA program must agree
that:
(1) subject to subsection (i), a grant deposited in the eligible
student's ESA account under section 2 of this chapter and any
interest that may accrue in the ESA account will be used only for
the eligible student's ESA qualified expenses;
(2) if the eligible student participates in the CSA program, a grant
deposited in the eligible student's ESA account under
IC 20-51.4-4.5-3 and any interest that may accrue in the ESA
account will be used only for the eligible student's ESA qualified
expenses;
(3) money in the ESA account when the ESA account is
terminated reverts to the state general fund;
(4) the parent of the eligible student or the emancipated eligible
student will use part of the money in the ESA account:
(A) for the eligible student's study in the subject of reading,
grammar, mathematics, social studies, or science; or
(B) for use in accordance with the eligible student's:
(i) individualized education program;
(ii) service plan developed under 511 IAC 7-34;
(iii) choice special education plan developed under 511
IAC 7-49; or
(iv) plan developed under Section 504 of the federal
Rehabilitation Act of 1973, 29 U.S.C. 794;
(5) the eligible student will not be enrolled in a school that
receives tuition support under IC 20-43; and
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(6) the eligible student will take the statewide summative
assessment, as applicable based on the eligible student's grade
level, as provided under IC 20-32-5.1, or the assessment specified
in the eligible student's:
(A) individualized education program developed under
IC 20-35;
(B) service plan developed under 511 IAC 7-34;
(C) choice special education plan developed under 511
IAC 7-49; or
(D) plan developed under Section 504 of the federal
Rehabilitation Act of 1973, 29 U.S.C. 794.
(b) A parent of an eligible student may enter into a separate
agreement under subsection (a) for each child of the parent. However,
not more than one (1) ESA account may be established for each
eligible student.
(c) The ESA account must be established under subsection (a) by a
parent of an eligible student or an emancipated eligible student for a
school year on or before a date established by the treasurer of state,
which must be at least thirty (30) days before the fall count day of
ADM established under IC 20-43-4-3. A parent of an eligible student
or an emancipated eligible student may not enter into an agreement
under this section or maintain an ESA account under this chapter if the
eligible student receives a choice scholarship under IC 20-51-4 for the
same school year. An eligible student may not receive a grant under
section 2 of this chapter if the eligible student is currently included in
a school corporation's ADM count under IC 20-43-4.
(d) Except as provided in subsections (e) and (f), an agreement
made under this section is valid for one (1) school year while the
eligible student is in kindergarten through grade 12 and may be
renewed annually. Upon graduation, or receipt of a certificate of
completion under the eligible student's individualized education
program, the eligible student's ESA account is terminated.
(e) An agreement entered into under this section terminates
automatically for an eligible student if:
(1) the eligible student no longer resides in Indiana while the
eligible student is eligible to receive grants under section 2 of this
chapter; or
(2) the ESA account is not renewed within three hundred
ninety-five (395) days after the date the ESA account was either
established or last renewed.
If an ESA account is terminated under this section, money in the
eligible student's ESA account, including any interest accrued, reverts
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to the state general fund.
(f) An agreement made under this section for an eligible student
while the eligible student is in kindergarten through grade 12 may be
terminated before the end of the school year if the parent of the eligible
student or the emancipated eligible student notifies the treasurer of
state in a manner specified by the treasurer of state.
(g) A distribution made to an ESA account under section 2 of this
chapter is considered tax exempt as long as the distribution is used for
an ESA qualified expense. The amount is subtracted from the
definition of adjusted federal gross income under IC 6-3-1-3.5 to the
extent the distribution used for the ESA qualified expense is included
in the taxpayer's adjusted federal gross income under the Internal
Revenue Code.
(h) The department shall establish a student test number as
described in IC 20-19-3-9.4 for each eligible student. The treasurer of
state shall provide the department information necessary for the
department to comply with this subsection.
(i) A student described in IC 20-51.4-2-4(3)(B) may not use the
money deposited into the eligible student's ESA account for ESA
qualified expenses described in IC 20-51.4-2-9(a)(3),
IC 20-51.4-2-9(a)(6), IC 20-51.4-2-9(a)(7), or IC 20-51.4-2-9(a)(9).
SECTION 199. IC 21-12-3-9, AS AMENDED BY P.L.10-2019,
SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) A higher education award for a student in
a program leading to a baccalaureate degree may be renewed for a total
of three (3) undergraduate academic years following the academic year
of the first award or until an earlier time as the student receives a
degree normally obtained in four (4) undergraduate academic years. A
higher education award for a student in a program leading to a
technical certificate or an undergraduate associate degree may be
renewed for the number of academic years normally required to obtain
a certificate or degree in the student's program. The commission may
grant a renewal only upon application and only upon its finding that:
(1) the applicant has successfully completed the work of a
preceding year;
(2) the applicant remains domiciled in Indiana;
(3) the recipient's financial situation continues to warrant an
award, based on the financial requirements set forth in section
(1)(a)(3) section 1(a)(3) of this chapter;
(4) the applicant is eligible under section 2 of this chapter;
(5) the student maintains satisfactory academic progress, as
determined by the eligible institution; and
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(6) beginning in an academic year beginning after August 31,
2017, the student successfully completes:
(A) at least twenty-four (24) credit hours or the equivalent
during the last academic year in which the student received
state financial aid; or
(B) at least twenty-four (24) credit hours or the equivalent
during the last academic year in which the student was
enrolled in a postsecondary educational institution.
(b) In determining eligibility under subsection (a)(6), the
commission shall apply all the following types of credits regardless of
whether the credits were completed during the last academic year
described in subsection (a)(6)(A) or (a)(6)(B):
(1) Credits earned from dual credit, advanced placement,
Cambridge International, and international baccalaureate courses.
(2) College credits earned during high school.
(3) Credits earned exceeding thirty (30) credit hours during a
previous academic year in which a student received state financial
aid.
SECTION 200. IC 21-12-6-5, AS AMENDED BY P.L.235-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) Unless a student qualifies under subsection
(b), to qualify to participate in the program, a student must meet the
following requirements:
(1) Be a resident of Indiana.
(2) Be:
(A) enrolled in grade 7 or 8 at a:
(i) public school; or
(ii) nonpublic school that is accredited either by the Indiana
state board of education or by a national or regional
accrediting agency whose accreditation is accepted as a
school improvement plan under IC 20-31-4.1-2; or
(B) otherwise qualified under the rules of the commission that
are adopted under IC 21-18.5-4-9(2) to include students who
are in grades other than grade 8 as eligible students.
(3) Be a member of a household with an annual income of not
more than the amount required for the individual to qualify for
free or reduced priced price lunches under the national school
lunch program, as determined for the immediately preceding
taxable year for the household for which the student was claimed
as a dependent.
(4) Agree that the student will:
(A) graduate from a secondary school located in Indiana that
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meets the admission criteria of an eligible institution;
(B) not illegally use controlled substances (as defined in
IC 35-48-1-9);
(C) not commit a crime or an infraction described in
IC 9-30-5;
(D) not commit any other crime or delinquent act (as described
in IC 31-37-1-2 or IC 31-37-2-2 through IC 31-37-2-5 (or
IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5) before their
repeal));
(E) timely apply, when the eligible student is a senior in high
school:
(i) for admission to an eligible institution; and
(ii) for any federal and state student financial assistance
available to the eligible student to attend an eligible
institution;
(F) achieve a cumulative grade point average upon graduation
of:
(i) at least 2.0, if the student graduates from high school
before July 1, 2014; and
(ii) at least 2.5, if the student graduates from high school
after June 30, 2014;
on a 4.0 grading scale (or its equivalent if another grading
scale is used) for courses taken during grades 9, 10, 11, and
12; and
(G) complete an academic success program required under the
rules adopted by the commission, if the student initially enrolls
in high school after June 30, 2013.
(b) A student qualifies to participate in the program if the student:
(1) before or during grade 7 or grade 8, is placed by or with the
consent of the department of child services, by a court order, or by
a child placing agency in:
(A) a foster family home;
(B) the home of a relative or other unlicensed caretaker;
(C) a child caring institution; or
(D) a group home;
(2) meets the requirements in subsection (a)(1) through (a)(2);
and
(3) agrees in writing, together with the student's caseworker (as
defined in IC 31-9-2-11) or legal guardian, to the conditions set
forth in subsection (a)(4).
(c) The commission may require that an applicant apply
electronically to participate in the program using an online Internet
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application on the commission's website.
SECTION 201. IC 21-16-5-1.5, AS AMENDED BY P.L.42-2024,
SECTION 143, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1.5. (a) The board of directors of
the nonprofit corporation is composed of nine (9) members. The
members must be appointed as follows:
(1) Five (5) members appointed by the governor.
(2) One (1) member appointed by the president pro tempore of the
senate.
(3) One (1) member appointed by the minority leader of the
senate.
(4) One (1) member appointed by the speaker of the house of
representatives.
(5) One (1) member appointed by the minority leader of the house
of representatives.
(b) None of the members appointed to the board may be members
of the general assembly. Not more than five (5) members may belong
to the same political party. Members serve at the pleasure of the
appointing authority.
(c) The board shall elect from among its members a chair and vice
chair.
(d) Five (5) members constitutes constitute a quorum for the
transaction of business. An affirmative vote of at least five (5) members
is necessary for the board to take action. Members of the board may not
vote by proxy.
(e) Meetings of the board shall be held at the call of the chair or
whenever any five (5) voting members request a meeting. The
members shall meet at least once every three (3) months to attend to
the business of the corporation.
(f) Each member of the commission board who is not a state
employee is entitled to:
(1) a salary per diem for attending meetings equal to the per diem
provided by law for members of the general assembly; and
(2) reimbursement for mileage and traveling expenses as provided
under IC 4-13-1-4, and other expenses actually incurred in
connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(g) Each member of the commission board who is a state employee
is entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
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established by the Indiana department of administration and approved
by the budget agency.
(h) The corporation shall pay expenses incurred under subsections
(f) and (g) and (h) from the revenues of the corporation.
(i) The corporation shall provide staff support to the board.
SECTION 202. IC 21-30-7-1.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1.8. As used in this chapter,
"commission" means the commission for higher education of the
state of Indiana established under IC 21-18-2.
SECTION 203. IC 21-40-1-6, AS ADDED BY P.L.2-2007,
SECTION 281, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 6. "Documentation of exemption"
means a form that:
(1) is acceptable to a state educational institution; and
(2) indicates the circumstances as described in IC 21-40-5-4 and
IC 21-40-5-6 entitling the student to an exemption from the
requirements in sections IC 21-40-5-2 and IC 21-40-5-3.
SECTION 204. IC 22-2-18.1-16, AS AMENDED BY P.L.133-2024,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 16. (a) Except as provided in subsections (b) and
(c), sections 17 and 22 of this chapter apply only to the employment of
a minor who is less than sixteen (16) years of age.
(b) Sections 17 and 22 of this chapter do not apply to the following:
(1) A minor who is at least fourteen (14) years of age but less than
sixteen (16) years of age who:
(A) performs:
(i) farm labor; or
(ii) domestic service;
(B) acts as a caddie for a person playing the game of golf; or
(C) is employed to perform sports-attending services at
professional sporting events as set forth in 29 CFR
570.35(c)(2).
(2) A minor who is:
(A) at least twelve (12) years of age but less than sixteen (16)
years of age; and
(B) employed or works as a youth athletic program referee,
umpire, or official under section 13 of this chapter.
(c) Sections 12(b), 17(2)(A), 17(2)(B), and 22 of this chapter do not
apply to a minor who is at least fourteen (14) years of age and less than
sixteen (16) years of age who:
(1) has graduated from high school;
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(2) has completed grade 8, who is excused from the compulsory
school attendance requirements, and whose parent submits a
statement in accordance with subsection (d);
(3) has a child to support, who is excused from the compulsory
school attendance requirements, and whose parent submits a
statement in accordance with subsection (d);
(4) is subject to an order issued by a court that has jurisdiction
over the minor that prohibits the minor from attending school; or
(5) has been expelled from school and is not required to attend an
alternative school or an alternative educational program.
(d) To qualify for an exemption under subsection (c)(2) or (c)(3),
the minor's parent must submit to the minor's current or prospective
employer:
(1) a signed statement from the parent declaring that the minor
has been excused from the compulsory school attendance
requirements; and
(2) proof supporting the statement made under subdivision (1).
SECTION 205. IC 22-12-6-15, AS AMENDED BY P.L.187-2021,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 15. (a) As used in this section, "credit card" means
a bank card, debit card, charge card, prepaid card, or other similar
device used for payment.
(b) In addition to other methods of payment allowed by law, the
department may accept payment by credit card for certifications,
licenses, and fees, and other amounts payable to the following:
(1) The department.
(2) The fire prevention and building safety commission.
(3) The Indiana homeland security foundation (before its repeal).
(c) The department may enter into appropriate agreements with
banks or other organizations authorized to do business in Indiana to
enable the department to accept payment by credit card.
(d) The department may recognize net amounts remitted by the bank
or other organization as payment in full of amounts due the department.
(e) The department may pay any applicable credit card service
charge or fee.
SECTION 206. IC 24-4-23-1, AS ADDED BY P.L.98-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. As used in this chapter, "adult oriented
website" means a publicly accessible website that publishes material
harmful to minors, if at least one-third (1/3) of the images and videos
published on the website depict material harmful to minors.
SECTION 207. IC 24-4-23-2, AS ADDED BY P.L.98-2024,
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SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. As used in this chapter, "adult oriented
website operator" means a person that owns or operates an adult
oriented website. The term does not include the following:
(1) A newspaper or news service that publishes news related
information through a website.
(2) A cloud service provider.
(3) An Internet provider, an affiliate or subsidiary of an Internet
provider, or a search engine that:
(A) solely provides access or connection to a website or other
Internet content that is not under the control of that Internet
service provider, affiliate or subsidiary, or search engine; and
(B) is not responsible for creating or publishing the content
that constitutes material harmful to minors.
SECTION 208. IC 24-4-23-3, AS ADDED BY P.L.98-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. As used in this chapter, "material harmful to
minors" means matter or a performance described in IC 35-49-2-2.
SECTION 209. IC 24-4-23-4, AS ADDED BY P.L.98-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. As used in this chapter, "minor" means a
person less than eighteen (18) years of age.
SECTION 210. IC 24-4-23-5, AS ADDED BY P.L.98-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. As used in this chapter, "mobile credential"
has the meaning set forth in IC 9-13-2-103.4.
SECTION 211. IC 24-4-23-6, AS ADDED BY P.L.98-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. As used in this chapter, "person" means a
human being, a corporation, a limited liability company, a partnership,
an unincorporated association, or a governmental entity.
SECTION 212. IC 24-4-23-7, AS ADDED BY P.L.98-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. As used in this chapter, "reasonable age
verification method" means a method of determining that an individual
seeking to access a website containing material harmful to minors is
not a minor by using one (1) or more of the following methods:
(1) A mobile credential.
(2) An independent third party age verification service that
compares the identifying information entered by the individual
who is seeking access with material that is available from a
commercially available data base, or an aggregate of data bases,
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that is regularly used by government agencies and businesses for
the purpose of age and identity verification.
(3) Any commercially reasonable method that relies on public or
private transactional data to verify the age of the individual
attempting to access the material.
SECTION 213. IC 24-4-23-8, AS ADDED BY P.L.98-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. As used in this chapter, "transactional data"
means a sequence of information that documents an exchange,
agreement, or transfer between an individual, commercial entity, or
third party used for the purpose of satisfying a request or event. The
term includes records that relate to a mortgage, education, or
employment.
SECTION 214. IC 24-4-23-9, AS ADDED BY P.L.98-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. As used in this chapter, "verification
information" means all information, data, and documents provided by
an individual for the purposes of verification of identity or age under
this chapter.
SECTION 215. IC 25-23.6-8-1, AS AMENDED BY P.L.177-2009,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. An individual who applies for a license as a
marriage and family therapist must meet the following requirements:
(1) Furnish satisfactory evidence to the board that the individual
has:
(A) received a master's or doctor's degree in marriage and
family therapy, or in a related area as determined by the board
from an eligible postsecondary educational institution that
meets the requirements under section 2.1(a)(1) of this chapter
or from a foreign school that has a program of study that meets
the requirements under section 2.1(a)(2) or (2.1)(a)(3)
2.1(a)(3) of this chapter; and
(B) completed the educational requirements under section 2.5
of this chapter.
(2) Furnish satisfactory evidence to the board that the individual
has met the clinical experience requirements under section 2.7 of
this chapter.
(3) Furnish satisfactory evidence to the board that the individual:
(A) except as provided in section 1.7 of this chapter, holds a
marriage and family therapist associate license, in good
standing, issued under section 5 of this chapter; or
(B) is licensed or certified to practice as a marriage and family
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therapist in another state and is otherwise qualified under this
chapter.
(4) Furnish satisfactory evidence to the board that the individual
does not have a conviction for a crime that has a direct bearing on
the individual's ability to practice competently.
(5) Furnish satisfactory evidence to the board that the individual
has not been the subject of a disciplinary action by a licensing or
certification agency of another state or jurisdiction on the grounds
that the individual was not able to practice as a marriage and
family therapist without endangering the public.
(6) Pay the fee established by the board.
SECTION 216. IC 25-23.6-8-2.7, AS AMENDED BY P.L.83-2024,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2.7. (a) For purposes of this section, "virtual
supervision" means supervision of an applicant for a license as a
marriage and family therapist by a qualified supervisor through an
electronic platform that provides for synchronous visual and audio
interaction in real time, and which is compliant with the federal Health
Insurance Portability and Accountability Act (HIPAA). Virtual
supervision does not include telephone calls, electronic mail, or text
messages.
(b) As used in this section, "first available examination" means the
first examination:
(1) after the date of an individual's:
(A) graduation; or
(B) moving into Indiana;
that has an application deadline that is at least thirty (30) days
after the date of graduation or the date of moving into Indiana,
unless the individual chooses to meet a deadline that is less than
thirty (30) days after either of those events; or
(2) during the individual's last academic semester, trimester, or
quarter, if the individual is eligible to take the exam pursuant to
section 3 of this chapter.
(c) An applicant for a license as a marriage and family therapist
under section 1 of this chapter must have at least two (2) years of
postdegree clinical experience, during which at least fifty percent
(50%) of the applicant's clients were receiving marriage and family
therapy services. The applicant's clinical experience must include one
thousand (1,000) hours of postdegree clinical experience and two
hundred (200) hours of postdegree clinical supervision, of which one
hundred (100) hours must be individual supervision, under the
supervision of a licensed marriage and family therapist who has at least
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five (5) years of experience or an equivalent supervisor, as determined
by the board.
(d) If an individual applies for, takes, and passes the first available
examination, the individual may not count more than five hundred
(500) hours of the postdegree clinical experience that is:
(1) required under subsection (c); and
(2) accumulated before taking the examination toward licensure
as a marriage and family therapist.
(e) If an individual does not pass the first available examination, the
individual may:
(1) retain the hours accumulated before taking the examination;
(2) continue working; and
(3) not accumulate any additional hours toward licensure as a
marriage and family therapist until passing the examination.
(f) If an individual does not take the first available examination, the
individual may not begin accumulating any postdegree clinical
experience hours toward licensure as a marriage and family therapist
until the individual passes the examination.
(g) When obtaining the clinical experience required under
subsection (c), the applicant must provide direct individual, group, and
family therapy and counseling to the following categories of cases:
(1) Unmarried romantic relationships and relational systems.
(2) Married couples.
(3) Separating or divorcing couples.
(4) Family systems and groupings, including children and minors.
(h) A doctoral internship may be applied toward the supervised
work experience requirement.
(i) Except as provided in subsection (j), the experience requirement
may be met by work performed at or away from the premises of the
supervising marriage and family therapist.
(i) (j) Except as provided in subsection (k), the work requirement
may not be performed away from the supervising marriage and family
therapist's premises if:
(1) the work is the independent private practice of marriage and
family therapy; and
(2) the work is not performed at a place that has the supervision
of a licensed marriage and family therapist or an equivalent
supervisor, as determined by the board.
(k) Up to one hundred percent (100%) of the supervised postdegree
clinical experience hours required under subsection (c) may be
accounted for through virtual supervision by a licensed marriage and
family therapist or equivalent supervisor described in subsection (c).
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SECTION 217. IC 25-24-1-3.2, AS AMENDED BY P.L.157-2006,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3.2. (a) Notwithstanding section 3 of this chapter,
the board may issue or renew a limited license to practice optometry at
the Indiana University School of Optometry if the applicant:
(1) holds an active license in another jurisdiction; and
(2) meets the continuing education requirements under section
14.1 of this chapter.
(b) A limited license issued under this section is valid for two (2)
years.
(c) A limited license issued under this section does not allow the
holder of the license to be granted or have renewed a certificate to
administer, dispense, or prescribe legend drugs unless the holder of the
license meets the requirements of IC 25-24-3-12, IC 25-24-3-13, and
IC 25-23-3-15. IC 25-24-3-15.
SECTION 218. IC 25-40-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. "Employee
assistance professional" means an individual who:
(1) practices the employee assistance profession by providing
workplace based services designed to address employer and
employee productivity issues;
(2) practices the employee assistance profession by assisting
employees and dependents of the employees with identifying and
finding the means to resolve personal problems that affect the
employee or the performance of the employee, not to include
services provided by licensed mental health professionals; and
(3) is:
(A) a certified employee assistance professional; or
(B) experienced and trained in providing the services
described in subdivisions (1) through (2), including the
subjects described in IC 24-40-2-1(1) IC 25-40-2-1(1) through
IC 24-40-2-1(5). IC 25-40-2-1(5).
SECTION 219. IC 26-1-2-326 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 326. (1) Unless
otherwise agreed, if delivered goods may be returned by the buyer even
though they conform to the contract, the transaction is:
(a) a "sale on approval" if the goods are delivered primarily for
use; and
(b) a "sale or return" if the goods are delivered primarily for
resale.
(2) Goods held on approval are not subject to the claims of the
buyer's creditors until acceptance. Goods held on sale or return are
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subject to such claims while in the buyer's possession.
(3) Any "or return" term of a contract for sale is to be treated as a
separate contract for sale within the statute of frauds section (IC
26-2-2-201) (IC 26-1-2-201) and as contradicting the sale aspect of the
contract within the provisions of IC 26-1-2-202 on parol or extrinsic
evidence.
SECTION 220. IC 28-1-3.1-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. Upon presentation
of the articles of dissolution as provided in section 17 of this chapter,
the secretary of state shall:
(1) endorse his the secretary of state's approval upon each of the
triplicate copies of the articles if he the secretary of state finds
that they conform to law; and
(2) when all fees have been paid as required by law:
(A) file one (1) copy of the articles in his the secretary of
state's office;
(B) issue a certificate of dissolution to the department; and
(C) return the certificate of dissolution to the department,
together with two (2) copies of the articles of dissolution
bearing the endorsement of his the secretary of state's
approval.
SECTION 221. IC 28-8-4.1-1203, AS ADDED BY P.L.198-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1203. (a) A person licensed in Indiana to engage
in the business of money transmission under IC 24-8-4 IC 28-8-4
(before its repeal on January 1, 2024) is not subject to the provisions of
this chapter, to the extent that the provisions of this chapter:
(1) conflict with IC 24-8-4 IC 28-8-4 (before its repeal on January
1, 2024); or
(2) establish new requirements not imposed under IC 24-8-4
IC 28-8-4 (before its repeal on January 1, 2024);
until after December 31, 2023.
(b) Notwithstanding subsection (a), a person licensed in Indiana to
engage in the business of money transmission under IC 24-8-4
IC 28-8-4 (before its repeal on January 1, 2024) shall be required to
amend its authorized delegated contracts so that such contracts comply
with this chapter only with respect to contracts entered into or amended
after December 31, 2023.
(c) Nothing in this section shall be construed as limiting an
authorized delegate's obligations to operate in full compliance with this
chapter, as required by section 801(c) of this chapter, after December
31, 2023.
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SECTION 222. IC 29-1-7-16.5, AS ADDED BY P.L.38-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 16.5. (a) A testator or a testator's agent at the
testator's direction may send a written notice under this section to the
following:
(1) Any person named as a beneficiary in the testator's will.
(2) Any person who would be entitled to inherit from the testator
under IC 29-1-2-1 if the testator died intestate on the date the
notice is received.
(3) Any person who the testator wishes to bar from contesting the
validity of the testator's will under this chapter.
(b) If a testator's will includes a provision exercising a power of
appointment, the testator or the testator's agent acting at the testator's
direction may send a written notice that complies with this section to
the following:
(1) Any person named in the exercise of the power of
appointment as a beneficiary.
(2) Any person who would be entitled to receive property for
which the testator exercises the power of appointment if the
testator failed to validly exercise the power of appointment.
(3) A trustee of a trust holding property subject to the power of
appointment.
(4) A person the testator wishes to be bound to the validity of the
exercise of the power of appointment under the testator's will.
(c) A testator or a testator's agent must send a written notice under
this section to a recipient described in subsection (a) in accordance
with Rules 4.1 through 4.6 of the Indiana Rules of Trial Procedure.
(d) A written notice under this section must include the following:
(1) A copy of the testator's will.
(2) The name and address of each person to whom the testator has
sent the written notice.
(e) A person who wishes to contest the validity of the will must file
a proceeding to contest the will within ninety (90) days after the receipt
of the notice, unless the testator dies before the ninety (90) day period
has elapsed.
(f) Transmission of notice under this section to a recipient at the
recipient's last known address is prima facie evidence that notice was
received, unless controverted by competent evidence to the contrary.
A person is deemed to have received a written notice under this section
if the written notice was sent to any person who under IC 29-1-1-20
may represent and bind that person.
(g) A person who receives a written notice under this section and
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wishes to contest the will or the testator's exercise of a power of
appointment must file a proceeding in the court that would have subject
matter jurisdiction of the testator's will, as a separate cause of action,
not later than ninety (90) days after the person's receipt of the written
notice.
(h) A proceeding to contest filed under subsection (g) must name
the following persons, if the persons exist or are living, as party
defendants:
(1) The testator.
(2) The testator's spouse.
(3) Any person who would be entitled to inherit under IC 29-1-2-1
if the testator died intestate on the date of the written notice sent
under this section.
(4) Beneficiaries named or who are discernable discernible as
part of a class identified in the will.
(5) The primary personal representative nominated in the will.
(6) Any person who was sent a written notice under this section.
(i) A proceeding filed under subsection (g) must allege at least one
(1) of the following:
(1) The will does not meet the requirements for the execution of
a valid will under IC 29-1-5-3 or IC 29-1-21-4.
(2) The testator was of unsound mind at the time the will was
executed.
(3) The will was unduly executed.
(4) The will was executed under duress or was obtained by fraud.
(5) Any other objection to the validity of the will, the probate of
the will, or the testator's exercise of a power of appointment.
(j) If:
(1) a testator resided in Indiana at the time of death;
(2) a notice sent under subsection (c) was received by a person;
(3) ninety (90) days or more have passed after the person received
the notice before the testator's death; and
(4) the person did not file a will contest under this section within
ninety (90) days after the person's receipt of the notice;
that person is barred from filing a proceeding under section 17 of this
chapter or under this section. That person may not seek relief as a
co-plaintiff or intervenor in a proceeding commenced by another
person under section 17 of this chapter or this section.
(k) If the testator dies before the end of the ninety (90) day period
under subsection (e), the bar and limitation set forth under subsection
(g) do not apply to the testator's will that was disclosed under
subsection (d), and section 17 of this chapter applies to a will contest
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after the entry of an order admitting a will of the testator to probate.
(l) If the ninety (90) day period described in subsection (e) has not
expired as of the date of the death of the testator, the bar and limitation
under subsection (g) do not apply to the testator's will that was
disclosed in the written notice.
(m) The failure of a testator to use the procedures or adhere to the
requirements of this section may not be offered or cited as evidence
that a will is not valid.
(n) Nothing in this section precludes a testator who provides a
written notice under this section from executing a later will or codicil,
but the written notice sent with respect to an earlier will or a
proceeding under this section has no effect on a determination of the
validity of the later will or codicil.
(o) Nothing in this section shall be construed as abrogating the right
or cutting short the time period for a spouse to seek an elective share
under IC 29-1-3-1.
SECTION 223. IC 31-27-2-4, AS AMENDED BY P.L.93-2024,
SECTION 204, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The department shall adopt
rules under IC 4-22-2 concerning the licensing and inspection of:
(1) child caring institutions, foster family homes, group homes,
and child placing agencies after consultation with the: following:
(A) Indiana department of health; and
(B) fire prevention and building safety commission; and
(2) child caring institutions and group homes that are licensed for
infants and toddlers after consultation with the division of family
resources.
(b) The rules adopted under subsection (a) shall be applied by the
department and state fire marshal in the licensing and inspection of
applicants for a license and licensees under this article.
(c) The rules adopted under IC 4-22-2 must establish minimum
standards for the care and treatment of children in a secure private
facility.
(d) The rules described in subsection (c) must include standards
governing the following:
(1) Admission criteria.
(2) General physical and environmental conditions.
(3) Services and programs to be provided to confined children.
(4) Procedures for ongoing monitoring and discharge planning.
(5) Procedures for the care and control of confined persons that
are necessary to ensure the health, safety, and treatment of
confined children.
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(e) The department shall license a facility as a secure private facility
if the facility:
(1) meets the minimum standards required under subsection (c);
(2) provides a continuum of care and services; and
(3) is licensed under IC 31-27-3.
(f) A waiver of the rules may not be granted for treatment and
reporting requirements.
SECTION 224. IC 33-38-9.5-2.5, AS ADDED BY P.L.42-2024,
SECTION 154, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2.5. (a) Except as provided in
subsection (e), a member of the advisory council is not entitled to the
minimum salary per diem provided by IC 4-10-11-2.1(b).
(b) A member of the advisory council who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(c) A member of the advisory council who is not a state employee
is entitled to reimbursement for mileage, traveling expenses as
provided under IC 4-13-1-4, and other expenses actually incurred in
connection with the member's duties as provided in the state policies
and procedures established by the Indiana department of administration
and approved by the budget agency.
(d) Except as provided in subsection (e), the expenses of the
advisory council shall be paid by the office of judicial administration
from funds appropriated to the office of judicial administration for the
administrative costs of the justice reinvestment advisory council.
(e) Each member of the advisory council who is a member of the
general assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem, mileage,
and travel allowances paid under this subsection shall be paid from
appropriations made to the legislative council or the legislative services
agency.
SECTION 225. IC 33-40-6-5, AS AMENDED BY P.L.111-2024,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) As used in this section, "commission"
means the Indiana commission on court appointed attorneys established
by IC 33-40-5-2.
(b) Except as provided under section 6 of this chapter, upon
certification by a county auditor and a determination by the
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commission that the request is in compliance with the guidelines and
standards set by the commission, the commission shall quarterly
authorize an amount of reimbursement due the county or multicounty
public defender's office:
(1) that is equal to fifty percent (50%) of the county's or
multicounty public defender's office's certified expenditures for
indigent defense services provided for a defendant against whom
the death sentence is sought under IC 35-50-2-9; and
(2) except as provided in subsection (c), that is equal to forty
percent (40%) of the county's or multicounty public defender's
office's certified expenditures for defense services provided in
noncapital cases except misdemeanors.
The commission shall then certify to the state comptroller the amount
of reimbursement owed to a county or multicounty public defender's
office under this chapter.
(c) This subsection applies to a county that is one (1) of up to twelve
(12) counties that shall be selected by the Indiana commission on court
appointed attorneys based on population and geographic diversity.
Upon certification by a county auditor and a determination by the
commission that the request is in compliance with the guidelines and
standards set by the commission, the commission may quarterly
authorize an amount of reimbursement due the county or multicounty
public defender's office that is up to forty percent (40%) of the county's
or multicounty public defender's office's certified expenditures for
defense services provided in misdemeanor cases. This subsection
expires June 30, 2029.
(d) The Indiana commission on court appointed attorneys may
substitute a county described in subsection (c) with a county with
similar population and geographic characteristics if the county
described in subsection (c) declines to participate in the misdemeanor
reimbursement. If a county is substituted under this subsection, the
commission shall publish on its website the replacement county.
(e) Upon receiving certification from the commission, the state
comptroller shall issue a warrant to the treasurer of state for
disbursement to the county or multicounty public defender's office of
the amount certified.
(f) The commission shall include in its report under
IC 33-40-5-4(a)(5) information regarding requested reimbursements
and amounts certified for reimbursements to each county or
multicounty public defender's office under subsections (b) and (c).
SECTION 226. IC 34-13-3-2.3, AS ADDED BY P.L.6-2018,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2025]: Sec. 2.3. This chapter applies to a claim or suit in tort
against the following:
(1) The host committee for the NCSL 2020 Legislative Summit
established under IC 2-5-41-7 (expired).
(2) A member of the host committee.
(3) The state coordinator of the host committee.
SECTION 227. IC 34-13-3-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) An offender must
file an administrative claim with the department of correction to
recover compensation for the loss of the offender's personal property
alleged to have occurred during the offender's confinement as a result
of an act or omission of the department or any of its agents, former
officers, employees, or contractors. A claim must be filed within one
hundred eighty (180) days after the date of the alleged loss.
(b) The department of correction shall evaluate each claim filed
under subsection (a) and determine the amount due, if any. If the
amount due is not more than five thousand dollars ($5,000), the
department shall approve the claim for payment and recommend to the
office of the attorney general payment under subsection (c). The
department shall submit all claims in which the amount due exceeds
five thousand dollars ($5,000), with any recommendation the
department considers appropriate, to the office of the attorney general.
The attorney general, in acting upon the claim, shall consider
recommendations of the department to determine whether to deny the
claim or recommend the claim to the governor for approval of payment.
(c) Payment of claims under this section shall be made in the same
manner as payment of claims under IC 34-4-16.5-22. sections 24 and
25 of this chapter.
(d) The department of correction shall adopt rules under IC 4-22-2
necessary to carry out this section.
SECTION 228. IC 34-30-2.1-525.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 525.2. IC 32-21-16.5-6
(Concerning a homeowner for nullifying an agreement with an
unlicensed real estate solicitor).
SECTION 229. IC 35-31.5-2-10, AS AMENDED BY P.L.109-2015,
SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. "Advisory sentence", for purposes of
IC 35-50-1-2, IC 35-50-2 and this chapter, has the meaning set forth in
IC 35-50-2-1.3.
SECTION 230. IC 35-47-2-3, AS AMENDED BY P.L.9-2024,
SECTION 538, IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2025]: Sec. 3. (a) A person who is at least
eighteen (18) years of age and is not otherwise prohibited from carrying
or possessing a handgun under state or federal law is not required to
obtain or possess a license or permit from the state to carry a handgun
in Indiana. A person who wishes to carry a firearm in another state
under a reciprocity agreement entered into by this state and another
state may obtain a license to carry a handgun in Indiana under this
chapter by applying as follows:
(1) If the applicant is a resident of this state:
(A) to the chief of police or corresponding law enforcement
officer of the municipality in which the applicant resides; or
(B) if that municipality has no such officer, or if the applicant
does not reside in a municipality, to the sheriff of the county
in which the applicant resides after the applicant has obtained
an application form prescribed by the superintendent.
(2) If the applicant is a resident of another state and has a regular
place of business or employment in Indiana, to the sheriff of the
county in which the applicant has a regular place of business or
employment.
The superintendent and local law enforcement agencies shall allow an
applicant desiring to obtain or renew a license to carry a handgun to
submit an application electronically under this chapter if funds are
available to establish and maintain an electronic application system.
(b) This subsection applies before July 1, 2020. The law
enforcement agency which accepts an application for a handgun license
shall collect the following application fees:
(1) From a person applying for a four (4) year handgun license, a
ten dollar ($10) application fee, five dollars ($5) of which shall be
refunded if the license is not issued.
(2) From a person applying for a lifetime handgun license who
does not currently possess a valid Indiana handgun license, a fifty
dollar ($50) application fee, thirty dollars ($30) of which shall be
refunded if the license is not issued.
(3) From a person applying for a lifetime handgun license who
currently possesses a valid Indiana handgun license, a forty dollar
($40) application fee, thirty dollars ($30) of which shall be
refunded if the license is not issued.
Except as provided in subsection (j), the fee shall be deposited into the
law enforcement agency's firearms training fund or other appropriate
training activities fund and used by the agency to train law enforcement
officers in the proper use of firearms or in other law enforcement
duties, or to purchase firearms, firearm related equipment, or body
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armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
employed by the law enforcement agency. The state board of accounts
shall establish rules for the proper accounting and expenditure of funds
collected under this subsection.
(c) This subsection applies after June 30, 2020, and before July 1,
2021. The law enforcement agency which accepts an application for a
handgun license shall not collect a fee from a person applying for a five
(5) year handgun license and shall collect the following application
fees:
(1) From a person applying for a lifetime handgun license who
does not currently possess a valid Indiana handgun license, a fifty
dollar ($50) application fee, thirty dollars ($30) of which shall be
refunded if the license is not issued.
(2) From a person applying for a lifetime handgun license who
currently possesses a valid Indiana handgun license, a forty dollar
($40) application fee, thirty dollars ($30) of which shall be
refunded if the license is not issued.
Except as provided in subsection (j), the fee shall be deposited into the
law enforcement agency's firearms training fund or other appropriate
training activities fund and used by the agency to train law enforcement
officers in the proper use of firearms or in other law enforcement
duties, or to purchase firearms, firearm related equipment, or body
armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
employed by the law enforcement agency. The state board of accounts
shall establish rules for the proper accounting and expenditure of funds
collected under this subsection.
(d) This subsection applies after June 30, 2021. The law
enforcement agency which accepts an application for a handgun license
shall not collect a fee from a person applying for a handgun license.
(e) The officer to whom the application is made shall ascertain the
applicant's name, full address, length of residence in the community,
whether the applicant's residence is located within the limits of any city
or town, the applicant's occupation, place of business or employment,
criminal record, if any, and convictions (minor traffic offenses
excepted), age, race, sex, nationality, date of birth, citizenship, height,
weight, build, color of hair, color of eyes, scars and marks, whether the
applicant has previously held an Indiana license to carry a handgun
and, if so, the serial number of the license and year issued, whether the
applicant's license has ever been suspended or revoked, and if so, the
year and reason for the suspension or revocation, and the applicant's
reason for desiring a license. If the applicant is not a United States
citizen, the officer to whom the application is made shall ascertain the
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applicant's country of citizenship, place of birth, and any alien or
admission number issued by the United States Citizenship and
Immigration Services or United States Customs and Border Protection
or any successor agency as applicable. The officer to whom the
application is made shall conduct an investigation into the applicant's
official records and verify thereby the applicant's character and
reputation, and shall in addition verify for accuracy the information
contained in the application, and shall forward this information
together with the officer's recommendation for approval or disapproval
and one (1) set of legible and classifiable fingerprints of the applicant
to the superintendent. An investigation conducted under this section
must include the consulting of available local, state, and federal
criminal history data banks, including the National Instant Criminal
Background Check System (NICS), to determine whether possession
of a firearm by an applicant would be a violation of state or federal law.
(f) The superintendent may make whatever further investigation the
superintendent deems necessary. Whenever disapproval is
recommended, the officer to whom the application is made shall
provide the superintendent and the applicant with the officer's complete
and specific reasons, in writing, for the recommendation of
disapproval.
(g) If it appears to the superintendent that the applicant:
(1) has a proper reason for receiving a license to carry a handgun;
(2) is of good character and reputation;
(3) is a proper person to be licensed; and
(4) is:
(A) a citizen of the United States; or
(B) not a citizen of the United States but is allowed to carry a
firearm in the United States under federal law;
the superintendent shall issue to the applicant a license to carry a
handgun in Indiana. The original license shall be delivered to the
licensee. A copy shall be delivered to the officer to whom the
application for license was made. A copy shall be retained by the
superintendent for at least five (5) years in the case of a five (5) year
license. The superintendent may adopt guidelines to establish a records
retention policy for a lifetime license. A five (5) year license shall be
valid for a period of five (5) years from the date of issue. A lifetime
license is valid for the life of the individual receiving the license. The
license of police officers, sheriffs or their deputies, and law
enforcement officers of the United States government who have twenty
(20) or more years of service shall be valid for the life of these
individuals. However, a lifetime license is automatically revoked if the
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license holder does not remain a proper person.
(h) At the time a license is issued and delivered to a licensee under
subsection (g), the superintendent shall include with the license
information concerning firearms safety rules that:
(1) neither opposes nor supports an individual's right to bear
arms; and
(2) is:
(A) recommended by a nonprofit educational organization that
is dedicated to providing education on safe handling and use
of firearms;
(B) prepared by the state police department; and
(C) approved by the superintendent.
The superintendent may not deny a license under this section because
the information required under this subsection is unavailable at the
time the superintendent would otherwise issue a license. The state
police department may accept private donations or grants to defray the
cost of printing and mailing the information required under this
subsection.
(i) A license to carry a handgun shall not be issued to any person
who:
(1) has been convicted of a felony;
(2) has had a license to carry a handgun suspended, unless the
person's license has been reinstated;
(3) is under eighteen (18) years of age;
(4) is under twenty-three (23) years of age if the person has been
adjudicated a delinquent child for an act that would be a felony if
committed by an adult;
(5) has been arrested for a Class A or Class B felony for an
offense committed before July 1, 2014, for a Level 1, Level 2,
Level 3, or Level 4 felony for an offense committed after June 30,
2014, or any other felony that was committed while armed with
a deadly weapon or that involved the use of violence, if a court
has found probable cause to believe that the person committed the
offense charged;
(6) is prohibited by federal law from possessing or receiving
firearms under 18 U.S.C. 922(g); or
(7) is described in section 1.5 of this chapter, unless exempted by
section 1.5 of this chapter.
In the case of an arrest under subdivision (5), a license to carry a
handgun may be issued to a person who has been acquitted of the
specific offense charged or if the charges for the specific offense are
dismissed. The superintendent shall prescribe all forms to be used in
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connection with the administration of this chapter.
(j) If the law enforcement agency that charges a fee under
subsection (b) or (c) is a city or town law enforcement agency, the fee
shall be deposited in the law enforcement continuing education fund
established under IC 5-2-8-2.
(k) If a person who holds a valid license to carry a handgun issued
under this chapter:
(1) changes the person's name;
(2) changes the person's address; or
(3) experiences a change, including an arrest or a conviction, that
may affect the person's status as a proper person (as defined in
IC 35-47-1-7) or otherwise disqualify the person from holding a
license;
the person shall, not later than thirty (30) days after the date of a
change described under subdivision (3), and not later than sixty (60)
days after the date of the change described under subdivision (1) or (2),
notify the superintendent, in writing, of the event described under
subdivision (3) or, in the case of a change under subdivision (1) or (2),
the person's new name or new address.
(l) The state police department shall indicate on the form for a
license to carry a handgun the notification requirements of subsection
(k).
(m) The state police department shall adopt rules under IC 4-22-2
to implement an electronic application system under subsection (a).
Rules adopted under this section must require the superintendent to
keep on file one (1) set of classifiable and legible fingerprints from
every person who has received a license to carry a handgun so that a
person who applies to renew a license will not be required to submit an
additional set of fingerprints.
(n) Except as provided in subsection (o), for purposes of
IC 5-14-3-4(a)(1), the following information is confidential, may not
be published, and is not open to public inspection:
(1) Information submitted by a person under this section to:
(A) obtain; or
(B) renew;
a license to carry a handgun.
(2) Information obtained by a federal, state, or local government
entity in the course of an investigation concerning a person who
applies to:
(A) obtain; or
(B) renew;
a license to carry a handgun issued under this chapter.
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(3) The name, address, and any other information that may be
used to identify a person who holds a license to carry a handgun
issued under this chapter.
(o) Notwithstanding subsection (n):
(1) any information concerning an applicant for or a person who
holds a license to carry a handgun issued under this chapter may
be released to a:
(A) state or local government entity:
(i) for law enforcement purposes; or
(ii) to determine the validity of a license to carry a handgun;
or
(B) federal government entity for the purpose of a single entry
query of an applicant or license holder who is:
(i) a subject of interest in an active criminal investigation; or
(ii) arrested for a crime; and
(2) general information concerning the issuance of licenses to
carry handguns in Indiana may be released to a person conducting
journalistic or academic research, but only if all personal
information that could disclose the identity of any person who
holds a license to carry a handgun issued under this chapter has
been removed from the general information.
(p) A person who holds a valid license to carry a handgun under this
chapter is licensed to carry a handgun in Indiana.
(q) A person who knowingly or intentionally violates this section
commits a Class B misdemeanor.
SECTION 231. IC 35-47-4-5, AS AMENDED BY P.L.28-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) As used in this section, "serious violent
felon" means a person who has been convicted of committing a serious
violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (IC 35-42-1-1);
(2) attempted murder (IC 35-41-5-1);
(3) voluntary manslaughter (IC 35-42-1-3);
(4) reckless homicide not committed by means of a vehicle (IC
35-42-1-5);
(5) battery (IC 35-42-2-1) as a:
(A) Class A felony, Class B felony, or Class C felony, for a
crime committed before July 1, 2014; or
(B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
felony, for a crime committed after June 30, 2014;
(6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
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3 felony, Level 4 felony, or Level 5 felony;
(7) aggravated battery (IC 35-42-2-1.5);
(8) strangulation (IC 35-42-2-9);
(9) kidnapping (IC 35-42-3-2);
(10) criminal confinement (IC 35-42-3-3);
(11) a human or sexual trafficking offense under IC 35-42-3.5;
(12) rape (IC 35-42-4-1);
(13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
(14) child molesting (IC 35-42-4-3);
(15) sexual battery (IC 35-42-4-8) as a:
(A) Class C felony, for a crime committed before July 1, 2014;
or
(B) Level 5 felony, for a crime committed after June 30, 2014;
(16) robbery (IC 35-42-5-1);
(17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
(18) arson (IC 35-43-1-1(a)) as a:
(A) Class A felony or Class B felony, for a crime committed
before July 1, 2014; or
(B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
crime committed after June 30, 2014;
(19) burglary (IC 35-43-2-1) as a:
(A) Class A felony or Class B felony, for a crime committed
before July 1, 2014; or
(B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
felony, for a crime committed after June 30, 2014;
(20) assisting a criminal (IC 35-44.1-2-5) as a:
(A) Class C felony, for a crime committed before July 1, 2014;
or
(B) Level 5 felony, for a crime committed after June 30, 2014;
(21) resisting law enforcement (IC 35-44.1-3-1) as a:
(A) Class B felony or Class C felony, for a crime committed
before July 1, 2014; or
(B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
crime committed after June 30, 2014;
(22) escape (IC 35-44.1-3-4) as a:
(A) Class B felony or Class C felony, for a crime committed
before July 1, 2014; or
(B) Level 4 felony or Level 5 felony, for a crime committed
after June 30, 2014;
(23) trafficking with an inmate (IC 35-44.1-3-5) as a:
(A) Class C felony, for a crime committed before July 1, 2014;
or
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(B) Level 5 felony, for a crime committed after June 30, 2014;
(24) criminal organization intimidation (IC 35-45-9-4);
(25) stalking (IC 35-45-10-5) as a:
(A) Class B felony or Class C felony, for a crime committed
before July 1, 2014; or
(B) Level 4 felony or Level 5 felony, for a crime committed
after June 30, 2014;
(26) incest (IC 35-46-1-3);
(27) dealing in or manufacturing cocaine or a narcotic drug (IC
35-48-4-1);
(28) dealing in methamphetamine (IC 35-48-4-1.1) or
manufacturing methamphetamine (IC 35-48-4-1.2);
(29) dealing in a schedule I, II, or III controlled substance (IC
35-48-4-2);
(30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
(31) dealing in a schedule V controlled substance (IC 35-48-4-4);
or
(32) dealing in a controlled substance resulting in death (IC
35-42-1-1.5).
(c) A serious violent felon who knowingly or intentionally possesses
a firearm commits unlawful possession of a firearm by a serious violent
felon, a Level 4 felony.
SECTION 232. IC 36-1-4-22, AS AMENDED BY P.L.157-2024,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 22. (a) As used in this section, "license bond"
refers to a surety bond required by a political subdivision as a condition
that the political subdivision issue a license or a permit to a person. The
term does not refer to a performance bond.
(b) If a political subdivision requires a person to post a license bond,
a surety bond posted by the person is considered sufficient if the
following conditions are satisfied:
(1) The bond is written by a surety company authorized to transact
business in Indiana.
(2) The obligation on the bond is for an amount that is at least the
amount required by the political subdivision for the issuance of
the particular license or permit. A political subdivision may not
require the obligation on a license bond to be more than fifteen
thousand dollars ($15,000).
(3) The obligee or obligees named on the bond are any of the
following:
(A) The political subdivision that requires the license bond.
(B) Specifically named political subdivisions in the county that
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include the name of the political subdivision that requires the
license bond.
(C) All political subdivisions in the county in which the
political subdivision that requires the license bond is located.
(D) All political subdivisions of the same kind as the political
subdivision that requires the license bond located in the
county.
(4) The conditions of the bond otherwise comply with the
requirements of the ordinance that imposes the license bond
condition.
(c) A person required to post a license bond satisfies the posting
requirement if the person files a copy of the license bond with the
political subdivision or appropriate agency of the political subdivision
that requires the license bond. A political subdivision may not require
that the person record the license bond. In addition, a political
subdivision may not impose any other requirement to identify the
particular political subdivision as an obligee on the license bond other
than what is required in subsection (b)(3).
(d) Nothing in this section may be construed to prohibit a political
subdivision from requiring a person to meet registration requirements
in order to ensure that the person meets professional standards or
qualifications necessary for the person to perform the services for
which the license bond is required.
(e) This subsection does not apply to a person that has had a license
bond revoked by a political subdivision located in the same county as
the political subdivision that is named an obligee on the licensee
license bond within one (1) year prior to the date the political
subdivision refused to recognize the license bond that is subject to this
subsection. If a license bond meets the requirements described in
subsection (b) and a political subdivision that is named as an obligee
on the license bond in the manner provided in subsection (b)(3) does
not recognize or otherwise allow the obligor to post the license bond to
obtain a license or permit, the obligor may initiate a civil action against
the political subdivision. In a successful civil action against the
political subdivision, the court shall award the obligor an amount equal
to:
(1) three hundred percent (300%) of the cost of obtaining the
license bond;
(2) damages compensating the obligor for the political
subdivision's failure to recognize or otherwise allow the obligor
to post the license bond; and
(3) reasonable attorney's fees.
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SECTION 233. IC 36-2-2.9-8, AS ADDED BY P.L.139-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. If: the contract:
(1) the contract is not disapproved under section 7 of this
chapter; and
(2) the county executive finds the contract:
(A) complies with IC 36-2-2.8; and
(B) is otherwise acceptable;
the county executive may approve and authorize execution of the
contract by the county officer or the county executive.
SECTION 234. IC 36-2-2.9-13, AS ADDED BY P.L.139-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. (a) A county officer must submit the contract
to the county auditor not more than ten (10) days after the contract is
executed.
(b) A contract that is executed by a county officer:
(1) under section 12(b)(2) of this chapter; and
(2) submitted to the county auditor more than ten (10) days after
execution;
is voidable by the county executive.
SECTION 235. IC 36-4-3-7, AS AMENDED BY P.L.105-2022,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) After an ordinance is adopted under section
3, 4, 5, 5.1, or 5.2 of this chapter, it must be published in the manner
prescribed by IC 5-3-1. Except as provided in subsection (b), (c), or (e),
in the absence of remonstrance and appeal under section 11 or 15.5 of
this chapter, the ordinance takes effect at least ninety (90) days after its
publication and upon the filing required by section 22(a) of this
chapter.
(b) For the purposes of this section, territory that has been:
(1) added to an existing fire protection district under
IC 36-8-11-11; or
(2) approved by ordinance of the county legislative body to be
added to an existing fire protection district under IC 36-8-11-11,
notwithstanding that the territory's addition to the fire protection
district has not yet taken effect;
shall be considered a part of the fire protection district as of the date
that the fire protection district was originally established.
(c) This subsection applies only to a fire protection district
established after July 1, 1987. This subsection does not apply to an
annexation under subsection (g). (f). Whenever a municipality annexes
territory, all or part of which lies within a fire protection district (IC
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36-8-11), the annexation ordinance (in the absence of remonstrance
and appeal under section 11 or 15.5 of this chapter) takes effect the
second January 1 that follows the date the ordinance is adopted and
upon the filing required by section 22(a) of this chapter. The
municipality shall:
(1) provide fire protection to that territory beginning the date the
ordinance is effective; and
(2) send written notice to the fire protection district of the date the
municipality will begin to provide fire protection to the annexed
territory within ten (10) days of the date the ordinance is adopted.
(d) This subsection applies only to a fire protection district
established after July 1, 1987. This subsection does not apply to an
annexation under subsection (g). (f). If the fire protection district from
which a municipality annexes territory is indebted or has outstanding
unpaid bonds or other obligations at the time the annexation is
effective, the municipality is liable for and shall pay that indebtedness
in the same ratio as the assessed valuation of the property in the
annexed territory (that is part of the fire protection district) bears to the
assessed valuation of all property in the fire protection district, as
shown by the most recent assessment for taxation before the
annexation, unless the assessed property within the municipality is
already liable for the indebtedness. The annexing municipality shall
pay its indebtedness under this section to the board of fire trustees. If
the indebtedness consists of outstanding unpaid bonds or notes of the
fire protection district, the payments to the board of fire trustees shall
be made as the principal or interest on the bonds or notes becomes due.
(e) This subsection applies to an annexation initiated by property
owners under section 5.1 of this chapter in which all property owners
within the area to be annexed petition the municipality to be annexed.
Subject to subsection (c), and in the absence of an appeal under section
15.5 of this chapter, an annexation ordinance takes effect at least thirty
(30) days after its publication and upon the filing required by section
22(a) of this chapter.
(f) Whenever a municipality annexes territory that lies within a fire
protection district that has a total net assessed value (as determined by
the county auditor) of more than one billion dollars ($1,000,000,000)
on the date the annexation ordinance is adopted:
(1) the annexed area shall remain a part of the fire protection
district after the annexation takes effect; and
(2) the fire protection district shall continue to provide fire
protection services to the annexed area.
The municipality shall not tax the annexed territory for fire protection
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services. The annexing municipality shall establish a special fire fund
for all fire protection services that are provided by the municipality
within the area of the municipality that is not within the fire protection
district, and which shall not be assessed to the annexed special taxing
district. The annexed territory that lies within the fire protection district
shall continue to be part of the fire protection district special taxing
district.
SECTION 236. IC 36-4-3-7.2, AS ADDED BY P.L.23-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7.2. (a) This section applies to an annexation that
satisfies all of the following:
(1) The annexation ordinance is adopted after December 31,
2020.
(2) The annexation is initiated by property owners under section
5.1 of this chapter in which all property owners within the
annexation territory petition the municipality to be annexed.
(3) All or part of the annexation territory is within a fire
protection district that was established after July 1, 1987.
(4) At least a majority of the members of the board of trustees of
the fire protection district adopt a resolution consenting to the
annexation.
(5) The portion of the annexation territory located within the fire
protection district constitutes less than three percent (3%) of the
total net assessed value (as determined by the county auditor) of
the fire protection district on the date the annexation ordinance is
adopted.
(b) Section 7(b) 7(c), and 7(e) and 7(d) of this chapter apply to an
annexation under this section.
(c) Section 7(a), 7(d), 7(f), and 7(g) 7(c), 7(e), and 7(f) of this
chapter do not apply to an annexation under this section.
(d) After an annexation ordinance is adopted, the ordinance must be
published in the manner prescribed by IC 5-3-1. In the absence of an
appeal under section 15.5 of this chapter, the annexation ordinance
takes effect at least thirty (30) days after its publication and upon the
filing required by section 22(a) of this chapter.
SECTION 237. IC 36-4-3-11.4, AS ADDED BY P.L.228-2015,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11.4. (a) This section applies only to an
annexation that the meets all of the following requirements:
(1) The annexation ordinance is adopted after December 31,
2016.
(2) Notwithstanding the contiguity requirements of section 1.5 of
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this chapter, at least one-tenth (1/10) of the aggregate external
boundaries of the territory sought to be annexed coincides with
the boundaries of:
(A) the municipality; and
(B) the site of an economic development project.
(b) As used in this section, "economic development project" means
any project developed by the municipality that meets all of the
following requirements:
(1) The annexing municipality determines that the project will:
(A) promote significant opportunities for the gainful
employment of its citizens;
(B) attract a major new business enterprise to the municipality;
or
(C) retain or expand a significant business enterprise within
the municipality.
(2) The project involves expenditures by the annexing
municipality for any of the following:
(A) Land acquisition, interests in land, site improvements,
infrastructure improvements, buildings, or structures.
(B) Rehabilitation, renovation, and enlargement of buildings
and structures.
(C) Machinery, equipment, furnishings, or facilities.
(D) Substance removal or remedial action.
(c) Notwithstanding section 11.3(b) of this chapter, even if a
remonstrance has enough signatures to satisfy the requirements of
section 11.3(b) of this chapter, the annexation ordinance is not void and
may be appealed to the court under section 11 of this chapter, if all of
the following requirements are met:
(1) The economic development project site needs the following
capital services that the municipality is lawfully able to provide:
(A) water;
(B) sewer;
(C) gas; or
(D) any combination of the capital services described in
clauses (A) through (C).
(2) The municipality finds that it is in the municipality's best
interest to annex the annexation territory in order to extend,
construct, or operate the capital services that are provided to the
economic development project site.
(3) Before the date the annexation ordinance is adopted, a
taxpayer whose business will occupy the economic development
project site has done at least one (1) of the following:
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(A) Filed a statement of benefits under IC 6-1.1-12.1 with the
designating body for the annexing municipality for a deduction
or abatement.
(B) Entered into an agreement with the Indiana economic
development corporation for a credit under IC 6-3.1-13.
(d) If the economic development project:
(1) has not commenced within twelve (12) months after the date
the annexation ordinance is adopted; or
(2) is not completed within thirty-six (36) months after the date
the annexation ordinance is adopted;
the annexation territory is disannexed from the municipality and reverts
to the jurisdiction of the unit having jurisdiction before the annexation.
For purposes of this subsection, a an economic development project is
considered to have commenced on the day that the physical erection,
installation, alteration, repair, or remodeling of a building or structure
commences on the site of the economic development project.
SECTION 238. IC 36-7-40-14, AS ADDED BY P.L.169-2024,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 14. If the legislative body of a city has adopted an
ordinance to establish an economic enhancement district under this
chapter before March 15, 2024 (the effective date of HEA 1199-2024,
P.L.169-2024), that ordinance shall be void, but may be revised and
reenacted by the legislative body of the city by the adoption of a new
ordinance under section 4 of this chapter, which must comply with the
provisions of this chapter as amended by HEA 1199-2024.
P.L.169-2024.
SECTION 239. IC 36-8-16.7-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 0.5. (a) As used in this chapter,
"911 service" means a communications service that uses the three
(3) digit number 911 to send:
(1) automatic number identification or its functional
equivalent or successor; and
(2) automatic location information or its functional equivalent
or successor;
for reporting police, fire, medical, or other emergency situations.
(b) The term includes both Phase I and Phase II enhanced 911
services, as described in 47 CFR 9.10.
SECTION 240. IC 36-8-16.7-9 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 9. (a) As used in this chapter, "911 service" means a
communications service that uses the three (3) digit number 911 to
send:
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(1) automatic number identification or its functional equivalent or
successor; and
(2) automatic location information or its functional equivalent or
successor;
for reporting police, fire, medical, or other emergency situations.
(b) The term includes both Phase I and Phase II enhanced 911
services, as described in 47 CFR 20.18.
SECTION 241. [EFFECTIVE UPON PASSAGE] (a) This act may
be referred to as the "technical corrections bill of the 2025 general
assembly".
(b) The phrase "technical corrections bill of the 2025 general
assembly" may be used in the lead-in line of a SECTION of an act
other than this act to identify provisions added, amended, or
repealed by this act that are also amended or repealed in the other
act.
(c) This SECTION expires December 31, 2025.
SECTION 242. [EFFECTIVE UPON PASSAGE] (a) This
SECTION applies to publication of the following:
(1) A provision of the Indiana Code that is:
(A) added or amended by this act; and
(B) repealed by another act without recognizing the
existence of the amendment made by this act by an
appropriate reference in the lead-in line of the SECTION
of the other act repealing the same provision of the Indiana
Code.
(2) A provision of the Indiana Code that is:
(A) amended by this act; and
(B) amended by another act without recognizing the
existence of the amendment made by this act by an
appropriate reference in the lead-in line of the SECTION
of the other act amending the same provision of the
Indiana Code.
(b) As used in this SECTION, "other act" refers to an act
enacted in the 2025 session of the general assembly other than this
act. "Another act" has a corresponding meaning.
(c) Except as provided in subsections (d) and (e), a provision
repealed by another act shall be considered repealed, regardless of
whether there is a difference in the effective date of the provision
added or amended by this act and the provision repealed by the
other act. Except as provided in subsection (d), the lawful
compilers of the Indiana Code, in publishing the affected Indiana
Code provision, shall publish only the version of the Indiana Code
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provision that is repealed by the other act. The history line for an
Indiana Code provision that is repealed by the other act must
reference that act.
(d) This subsection applies if a provision described in subsection
(a) that is added or amended by this act takes effect before the
corresponding provision repeal in the other act. The lawful
compilers of the Indiana Code, in publishing the provision added
or amended in this act, shall publish that version of the provision
and note that the provision is effective until the effective date of the
corresponding provision repeal in the other act. On and after the
effective date of the corresponding provision repeal in the other
act, the provision repealed by the other act shall be considered
repealed, regardless of whether there is a difference in the effective
date of the provision added or amended by this act and the
provision repealed by the other act. The lawful compilers of the
Indiana Code, in publishing the affected Indiana Code provision,
shall publish the version of the Indiana Code provision that is
repealed by the other act, and shall note that this version of the
provision is effective on the effective date of the repealed provision
of the other act.
(e) If, during the same year, two (2) or more other acts repeal
the same Indiana Code provision as the Indiana Code provision
added or amended by this act, the lawful compilers of the Indiana
Code, in publishing the Indiana Code provision, shall follow the
principles set forth in this SECTION.
(f) Except as provided in subsections (g) and (h), a provision
amended by another act that includes all amendments made to the
provision by this act shall be published in the Indiana Code only in
the version of the provision amended by the other act. The history
line for an Indiana Code provision that is amended by the other act
must reference that act.
(g) This subsection applies if a provision in this act described in
subsection (f) takes effect before the corresponding provision in the
other act. The lawful compilers of the Indiana Code, in publishing
the provision amended in this act, shall publish this version of the
provision and note that the provision is effective until the effective
date of the corresponding provision in the other act. The lawful
compilers of the Indiana Code, in publishing the corresponding
provision in the other act, shall publish that version of the
provision and note that the provision is effective on and after the
effective date of the provision in the other act.
(h) If, during the same year, two (2) or more other acts amend
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266
the same Indiana Code provision as the Indiana Code provision
amended by this act, the lawful compilers of the Indiana Code, in
publishing the Indiana Code provision, shall follow the principles
set forth in this SECTION.
(i) This SECTION expires December 31, 2025.
SECTION 243. An emergency is declared for this act.
HEA 1050
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1050Every fact on this page links to its source, starting with the official bill record.