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Second Regular Session of the 124th General Assembly (2026)
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 2025 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1088
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 1-3-3-8, AS ADDED BY P.L.148-2025, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2026]: Sec. 8. (a) A quorum of the commission consists of at least six
(6) members.
(b) A quorum is necessary for the commission to take official action.
A quorum is not required for the committee commission to meet, take
testimony, and hold discussion.
SECTION 2. IC 3-5-2.1-16, AS ADDED BY P.L.186-2025,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16. (a) Except as provided in subsections (b), and
(c), and (d), "candidate" means an individual who:
(1) has taken the action necessary to qualify under Indiana law for
listing on the ballot at an election or to become a write-in
candidate;
(2) has publicly announced or declared candidacy for an elected
office; or
(3) otherwise seeks nomination for or election to an elected office,
regardless of whether the individual wins election to the office.
(b) As used in IC 3-9, an individual becomes a "candidate" when the
individual, the candidate's committee, or a person acting with the
consent of the individual:
(1) receives more than one hundred dollars ($100) in
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contributions;
(2) makes more than one hundred dollars ($100) in expenditures;
(3) is required to file a written instrument designating a principal
committee under IC 3-9-1-5.5 or IC 3-9-5-1;
(4) is subject to campaign contribution limits under IC 3-9-2;
(5) is subject to campaign expense restrictions under IC 3-9-3; or
(6) is subject to requirements for campaign communications
including fabricated media under IC 3-9-8.
(c) As used in IC 3-13-1 and IC 3-13-2, "candidate" includes an
individual filling a general or municipal election ballot vacancy under
IC 3-13-1 or IC 3-13-2 when a county or town election board, the
Indiana election commission, or a court has determined that the
required action of:
(1) the individual; or
(2) another person under IC 3-13-1 or IC 3-13-2;
is void or invalid.
(d) As used in IC 3-14-3-18, "candidate" includes an individual
described in IC 3-14-3-18(a).
SECTION 3. IC 3-5-8-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4. The secretary of state or other
state agency posting election information on the state's Internet site
website shall include the voter's bill of rights on the site. website.
SECTION 4. IC 3-8-2.5-7, AS AMENDED BY P.L.195-2025,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) A person may not be selected as a candidate
by petition of nomination without giving written consent and having it
filed with the public official with whom certificates and petitions of
nomination are required to be filed.
(b) Each candidate nominated by petition of nomination for a school
board office must satisfy all statutory eligibility requirements for the
office for which the candidate is nominated, including the filing of
statements of economic interest.
(c) A statement questioning the validity of a petition of nomination
or contesting the denial of certification under section 6 of this chapter
must be filed with the county election board in accordance with
IC 3-8-1-2 not later than noon seventy-four (74) days before the date
of the general election. A question regarding the validity of a petition
of nomination or the denial of certification shall be referred to and
determined by the county election board not later than noon sixty (60)
days before the date of the general election.
(d) A statement concerning the validity of a declaration of intent to
be a write-in candidate for a school board office under section 4 of this
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chapter must be filed with the county election board in accordance with
IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
the general election. A question regarding the validity of a declaration
of intent to be a write-in candidate for a school board office shall be
referred to and determined by the county election board not later than
noon fifty-four (54) days before the date of the general election.
(e) If a candidate's petition states that the candidate is affiliated with
a major political party, that statement may be challenged under this
section. A challenge under this subsection succeeds only if the
challenger shows both of the following:
(1) The candidate did not vote in the two (2) most recent primary
elections in Indiana held by the party with which the candidate
claims affiliation.
(2) The county chairman of:
(A) the political party with which the candidate claims
affiliation; and
(B) the county in which the candidate resides;
did not certify that the candidate is a member of the political party
with which the candidate claims affiliation. If the candidate
produces a copy of the certification of the county chairman of the
political party with which the candidate claims affiliation at the
time the candidate filed the petition, the claim of a challenger
under this subdivision is conclusively rebutted.
(f) Unless a challenger shows under subsection (e) that a candidate
is not affiliated with the major political party with which the candidate
claims affiliation, the candidate's claimed political party affiliation
shall be indicated on the ballot as required by section 2.5(a)(5) of this
chapter.
(g) A candidate's:
(1) claimed political party affiliation with a party other than a
major political party; or
(2) statement under section 2.5(a)(5)(B) of this chapter that the
candidate is an independent candidate; or
(3) statement under section 2.5(a)(5)(C) of this chapter that the
candidate elects not to disclose any affiliation with a political
party or that the candidate:
(A) is not affiliated with a political party; and
(B) does not identify as an independent candidate;
is not subject to challenge under this section.
SECTION 5. IC 3-11-13-11, AS AMENDED BY P.L.195-2025,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) The ballot information, whether placed on
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the ballot card or on the marking device, must be in the order of
arrangement provided for ballots under this section.
(b) Each county election board shall have the names of all
candidates for all elected offices, political party offices, and public
questions printed on a ballot card as provided in this chapter. The
county may:
(1) print all offices and questions on a single ballot card; and
(2) include a ballot variation code to ensure that the proper
version of a ballot is used within a precinct.
(c) Each type of ballot card must be of uniform size and of the same
quality and color of paper (except as permitted under IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate
or independent ticket (described in IC 3-11-2-6) nominated by
petitioners shall be listed on the ballot with the name and device set
forth on the certification or petition. The circle containing the device
may be of any size that permits a voter to readily identify the device.
IC 3-11-2-5 applies if the certification or petition does not include a
name or device, or if the same device is selected by two (2) or more
parties or petitioners. In the case of a candidate described in
IC 3-8-2.5-2.5(a)(5)(C), a blank space must be printed after the
candidate's name signifying that the candidate elects not to disclose any
affiliation with a political party or that the candidate:
(1) is not affiliated with a political party; and
(2) does not identify as an independent candidate.
(e) The offices and public questions on the general election ballot
must be placed on the ballot in the order listed in IC 3-11-2-12,
IC 3-11-2-12.4, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a),
IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). The offices and
public questions may be listed in a continuous column either vertically
or horizontally and on a number of separate pages.
(f) The name of each office must be printed in a uniform size in bold
type. A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate:
(1) "Vote for one (1) only.", if only one (1) candidate is to be
elected to the office.
(2) "Vote for not more than (insert the number of candidates to be
elected) candidate(s) for this office. To vote for any candidate for
this office, you must make a voting mark for each candidate you
wish to vote for. A straight party vote will not count as a vote for
any candidate for this office.", if more than one (1) candidate is to
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be elected to the office.
(3) "Vote for one (1) only. A straight party vote will not count as
a vote for any candidate for this office.", if only one (1) candidate
is to be elected to a school board office.
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the highest
number of votes in the county for secretary of state at the last
election is listed first.
(2) The major political party whose candidate received the second
highest number of votes in the county for secretary of state is
listed second.
(3) All other political parties listed in the order that the parties'
candidates for secretary of state finished in the last election are
listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of
state in the last election or a nominee is an independent candidate
or independent ticket (described in IC 3-11-2-6), the party or
candidate is listed after the parties described in subdivisions (1),
(2), and (3).
(5) If more than one (1) political party or independent candidate
or ticket described in subdivision (4) qualifies to be on the ballot,
the parties, candidates, or tickets are listed in the order in which
the party filed its petition of nomination under IC 3-8-6-12.
(6) The name of a candidate described in IC 3-8-2.5-2.5(a)(5)(C)
is placed after the candidates listed in subdivisions (1) through
(5), if applicable.
(7) A space for write-in voting is placed after the candidates listed
in subdivisions (1) through (6), if required by law.
(8) The name of a write-in candidate may not be listed on the
ballot.
(h) The names of the candidates grouped in the order established by
subsection (g) must be printed in type with uniform capital letters and
have a uniform space between each name. The name of the candidate's
political party, or the word "Independent" if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name
of the candidate and must be printed in a uniform size and type. In the
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case of a candidate described in IC 3-8-2.5-2.5(a)(5)(C), the name of
the candidate must be printed with a blank space after the candidate's
name signifying that the candidate elects not to disclose any affiliation
with a political party or that the candidate is not affiliated with a
political party and does not identify as an independent candidate.
(i) All the candidates of the same political party for election to
at-large seats on the fiscal or legislative body of a political subdivision
must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the order established by subsection (g); and
(3) within the political party, in alphabetical order according to
surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body
of a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking;
and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office. A straight party
vote will not count as a vote for any candidate for this office.".
(k) The following information must be placed at the top of the ballot
before the first public question is listed:
(1) The cautionary statement described in IC 3-11-2-7.
(2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
and IC 3-11-2-10(e).
(l) The ballot must include a single connectable arrow, circle, oval,
or square, or a voting position for voting a straight party ticket by one
(1) mark as required by section 14 of this chapter, and the single
connectable arrow, circle, oval, or square, or the voting position for
casting a straight party ticket ballot must be identified by:
(1) the name of the political party; and
(2) immediately below or beside the political party's name, the
device of that party (described in IC 3-11-2-5).
The name and device of each political party must be of uniform size
and type and arranged in the order established by subsection (g) for
listing candidates under each office. The instructions described in
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IC 3-11-2-10(c) for voting a straight party ticket and the statement
concerning presidential electors required under IC 3-10-4-3 must be
placed on the ballot label. The instructions for voting a straight party
ticket must include the statement: "If you do not wish to vote a straight
party ticket, do not make a mark in this section and proceed to voting
the ballot by office.".
(m) A public question must be in the form described in
IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
arrow, a circle, or an oval may be used instead of a square. Except as
expressly authorized or required by statute, a county election board
may not print a ballot card that contains language concerning the public
question other than the language authorized by a statute.
(n) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to optical scan ballots.
(o) The procedure described in IC 3-11-2-16 must be used when a
ballot does not comply with the requirements imposed by this title or
contains another error or omission that might result in confusion or
mistakes by voters.
(p) This subsection applies to an optical scan ballot that does not
list:
(1) the names of political parties or candidates; or
(2) the text of public questions;
on the face of the ballot. The ballot must be prepared in accordance
with this section, except that the ballot must include a numbered circle
or oval to refer to each political party, candidate, or public question.
SECTION 6. IC 3-11-14-3.5, AS AMENDED BY P.L.195-2025,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.5. (a) Each county election board shall have the
names of all candidates for all elected offices, political party offices,
and public questions printed on ballot labels for use in an electronic
voting system as provided in this chapter.
(b) The county may:
(1) print all offices and public questions on a single ballot label;
and
(2) include a ballot variation code to ensure that the proper
version of a ballot label is used within a precinct.
(c) Each type of ballot label must be of uniform size and of the same
quality and color of paper (except as permitted under IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate
or independent ticket (described in IC 3-11-2-6) nominated by
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petitioners must be listed on the ballot label with the name and device
set forth on the certification or petition. The circle containing the
device may be of any size that permits a voter to readily identify the
device. IC 3-11-2-5 applies if the certification or petition does not
include a name or device, or if the same device is selected by two (2)
or more parties or petitioners. In the case of a candidate described in
IC 3-8-2.5-2.5(a)(5)(C), a blank space must be printed after the
candidate's name signifying that the candidate elects not to disclose any
affiliation with a political party or that the candidate:
(1) is not affiliated with a political party; and
(2) does not identify as an independent candidate.
(e) The ballot labels must list the offices and public questions on the
general election ballot in the order listed in IC 3-11-2-12,
IC 3-11-2-12.4, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a),
IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). Each office and
public question may have a separate screen, or the offices and public
questions may be listed in a continuous column either vertically or
horizontally.
(f) The name of each office must be printed in a uniform size in bold
type. A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate:
(1) "Vote for one (1) only.", if only one (1) candidate is to be
elected to the office.
(2) "Vote for not more than (insert the number of candidates to be
elected) candidate(s) for this office. To vote for any candidate for
this office, you must make a voting mark for each candidate you
wish to vote for. A straight party vote will not count as a vote for
any candidate for this office.", if more than one (1) candidate is to
be elected to the office.
(3) "Vote for one (1) only. A straight party vote will not count as
a vote for any candidate for this office.", if only one (1) candidate
is to be elected to a school board office.
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the highest
number of votes in the county for secretary of state at the last
election is listed first.
(2) The major political party whose candidate received the second
highest number of votes in the county for secretary of state is
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listed second.
(3) All other political parties listed in the order that the parties'
candidates for secretary of state finished in the last election are
listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of
state in the last election or a nominee is an independent candidate
or independent ticket (described in IC 3-11-2-6), the party or
candidate is listed after the parties described in subdivisions (1),
(2), and (3).
(5) If more than one (1) political party or independent candidate
or ticket described in subdivision (4) qualifies to be on the ballot,
the parties, candidates, or tickets are listed in the order in which
the party filed its petition of nomination under IC 3-8-6-12.
(6) The name of a candidate described in IC 3-8-2.5-2.5(a)(5)(C)
is placed after the candidates listed in subdivisions (1) through
(5), if applicable.
(7) A space for write-in voting is placed after the candidates listed
in subdivisions (1) through (6), if required by law. A space for
write-in voting for an office is not required if there are no
declared write-in candidates for that office. However, procedures
must be implemented to permit write-in voting for candidates for
federal offices.
(8) The name of a write-in candidate may not be listed on the
ballot.
(h) The names of the candidates grouped in the order established by
subsection (g) must be printed in type with uniform capital letters and
have a uniform space between each name. The name of the candidate's
political party, or the word "Independent", if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name
of the candidate and must be printed in uniform size and type. In the
case of a candidate described in IC 3-8-2.5-2.5(a)(5)(C), the name of
the candidate must be printed with a blank space after the candidate's
name signifying that the candidate elects not to disclose any affiliation
with a political party or that the candidate is not affiliated with a
political party and does not identify as an independent candidate.
(i) All the candidates of the same political party for election to
at-large seats on the fiscal or legislative body of a political subdivision
must be grouped together:
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(1) under the name of the office that the candidates are seeking;
(2) in the party order established by subsection (g); and
(3) within the political party, in alphabetical order according to
surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body
of a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking;
and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office. A straight party
vote will not count as a vote for any candidate for this office.".
(k) The cautionary statement described in IC 3-11-2-7 must be
placed at the top or beginning of the ballot label before the first public
question is listed.
(l) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d), and
IC 3-11-2-10(e) may be:
(1) placed on the ballot label; or
(2) posted in a location within the voting booth that permits the
voter to easily read the instructions.
(m) Except as provided in section 14.5 of this chapter, the ballot
label must include a touch sensitive point or button for voting a straight
political party ticket by one (1) touch, and the touch sensitive point or
button must be identified by:
(1) the name of the political party; and
(2) immediately below or beside the political party's name, the
device of that party (described in IC 3-11-2-5).
The name and device of each party must be of uniform size and type,
and arranged in the order established by subsection (g) for listing
candidates under each office. The instructions described in
IC 3-11-2-10(c) for voting a straight party ticket and the statement
concerning presidential electors required under IC 3-10-4-3 must be
placed on the ballot label. The instructions for voting a straight party
ticket must include the statement: "If you do not wish to vote a straight
party ticket, press "NEXT" (or replace "NEXT" with the term used by
that voting system to permit a voter to skip a ballot screen) to continue
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voting.".
(n) A public question must be in the form described in
IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
point or button must be used instead of a square. Except as expressly
authorized or required by statute, a county election board may not print
a ballot label that contains language concerning the public question
other than the language authorized by a statute.
(o) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to ballots for electronic
voting systems.
(p) The procedure described in IC 3-11-2-16 must be used when a
ballot label does not comply with the requirements imposed by this title
or contains another error or omission that might result in confusion or
mistakes by voters.
SECTION 7. IC 4-1-11-9, AS ADDED BY P.L.91-2005, SECTION
2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2026]: Sec. 9. (a) This section applies If a state agency demonstrates
that:
(1) the cost of providing the notice required under this chapter is
at least two hundred fifty thousand dollars ($250,000);
(2) the number of persons to be notified is at least five hundred
thousand (500,000); or
(3) the agency does not have sufficient contact information;
the state agency may use an alternate form of notice set forth in
subsection (b).
(b) A state agency may provide the following alternate forms of
notice if authorized by subsection (a):
(1) Conspicuous posting of the notice on the state agency's web
site website if the state agency maintains a web site. website.
(2) Notification to major statewide media.
SECTION 8. IC 4-12-1-17.2, AS ADDED BY P.L.180-2022(ss),
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 17.2. (a) As used in this section, "fund" refers to
the Hoosier Families First Fund established by subsection (b).
(b) The Hoosier Families First Fund is established for the purposes
of this section. The fund shall be administered by the budget agency.
(c) Forty-five million dollars ($45,000,000) is appropriated from the
state general fund to the fund for the state fiscal year beginning July 1,
2022, and ending June 30, 2023, for allotment as set forth in subsection
(d).
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(d) The budget agency may allot money from the fund to the
department of child services, the family and social services
administration, the Indiana department of health, and the department
of homeland security to provide additional funding for existing
programs and new programs with the following purposes:
(1) To support the health of pregnant women, postpartum
mothers, and infants.
(2) To support pregnancy planning, including addressing barriers
to long acting reversible contraception.
(3) To support the needs of families with children less than four
(4) years of age who are low income or lack access to resources.
(4) To increase the number of families served under the Child
Care Development Fund.
(5) To support Indiana's foster families and adoptive families.
(6) To support prevention based programming that would prevent
children from entering the department of child services system.
(7) To support funding for newborn safety devices as described in
IC 31-34-2.5-1.
(8) To provide funding to providers of maternal support services
and services to help pregnant women and their families bring their
pregnancy to term. To be eligible for funding under this
subdivision, providers may not be affiliated with any abortion
clinic (as defined in IC 16-18-2-1.5, before its repeal).
(e) A provider of services described in subsection (d)(8) that wishes
to receive money from the fund must apply to, and in the manner
prescribed by, the budget agency or the agency administering the
program. Any funds awarded to providers under subsection (d)(8) must
be awarded on a competitive basis following receipt and review of
providers' applications.
(f) Money in the fund at the end of the state fiscal year ending June
30, 2023, reverts to the state general fund.
(g) The budget committee shall review the money allotted under this
section at the next regularly scheduled meeting of the budget
committee following the release of the funds.
SECTION 9. IC 4-13-1-28, AS ADDED BY P.L.60-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 28. (a) As used in this section, "blockchain
technology" means distributed ledger technology that uses a
distributed, decentralized, shared, and replicated ledger that may be
public or private, permissioned or permissionless, and that may include
the use of electronic currencies or electronic tokens as a medium of
electronic exchange.
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(b) As used in this section, "distributed ledger technology" means:
(1) a data base that is consensually shared and synchronized
across multiple sites, institutions, or geographies allowing for
public witnesses to transactions; and
(2) supporting infrastructure for a data base described in
subdivision (1).
(c) Not later than March 1, 2026, the department may issue a
request for information in compliance with IC 5-23-4.5 for purposes of
exploring how the use of blockchain technology could be used by a
state agency to:
(1) achieve greater cost efficiency and cost effectiveness; and
(2) improve consumer:
(A) convenience;
(B) experience;
(C) data security; and
(D) data privacy.
If the department issues a request for information, the department must
comply with the requirements of this section.
(d) The request for information shall include participation from the
following state agencies:
(1) The office of the secretary of state.
(2) The office of the secretary of family and social services (IC
12-8-1.5-1).
(3) The department of workforce development (IC 22-4.1-2-1).
(4) The department of child services (IC 31-25-1-1).
(5) The office of technology (IC 4-13.1-1-3).
(6) Any other state agency as determined by the office of
technology.
(e) The department shall set a deadline of not later than July 1,
2026, for submission of responses to the request for information.
(f) Subject to IC 5-23-4.5-3, the department shall prepare a report
that includes:
(1) information regarding the responses to the request for
information, including a copy of any portions of a response that
may be disclosed under IC 5-14-3;
(2) any recommendations by the department regarding the request
for information or the responses to the request for information;
and
(3) any other information that the department determines is
relevant to the request for information.
(g) Not later than October 1, 2026, the department shall submit the
report prepared under subsection (g) (f) to the legislative council in an
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electronic format under IC 5-14-6.
(h) This section expires December 31, 2026.
SECTION 10. IC 4-13-2-18, AS AMENDED BY P.L.182-2025,
SECTION 4, AND AS AMENDED BY P.L.213-2025, SECTION 51,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 18. (a) For the purpose of the
administration of the allotment system provided by this section, each
fiscal year shall be divided into four (4) quarterly allotment periods,
beginning respectively on the first day of July, October, January, and
April. In any case where the quarterly allotment period is
impracticable, the budget director may prescribe a different period
suited to the circumstances but not extending beyond the end of any
fiscal year.
(b) Except as otherwise expressly provided in this section, the
provisions of this chapter relating to the allotment system and to the
encumbering of funds shall apply to appropriations and funds of all
kinds, including standing or annual appropriations and dedicated funds,
from which expenditures are to be made from time to time by or under
the authority of any state agency. The provisions relating to the
allotment system shall not apply to money made available for the
purpose of conducting a post-audit of financial transactions of any state
agency. Likewise, appropriations for construction or for the acquisition
of real estate for public purposes may be exempted from the allotment
system by the budget director. The budget director shall prescribe
regulations as will ensure the proper application and encumbering of
those funds.
(c) No appropriation to any state agency shall become available for
expenditure until:
(1) the state agency shall have submitted to the budget agency a
request for allotment, the request for allotment to consist of an
estimate of the amount required for each activity and each
purpose for which money is to be expended during the applicable
allotment period; and
(2) the estimate contained in the request for allotment shall have
been approved, increased, or decreased by the budget director and
funds allotted as provided.
The form of a request for allotment, including a request by hand, mail,
facsimile transmission, or other electronic transmission, shall be
prescribed by the budget agency with the approval of the state
comptroller and shall be submitted to them at least twenty-five (25)
days prior to the beginning of the allotment period.
(d) Subject to subsection (k), (m), each request for allotment shall
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be reviewed by the budget agency and respective amounts shall be
allotted for expenditure if:
(1) the estimate is within the terms of the appropriation as to
amount and purpose, having due regard for the probable future
needs of the state agency for the remainder of the fiscal year or
other term for which the appropriation was made; and
(2) the agency contemplates expenditure of the allotment during
the period.
Otherwise the budget agency shall modify the estimate to conform with
the terms of the appropriation and the prospective needs of the state
agency, and shall reduce the amount to be allotted accordingly. The
budget agency shall act promptly upon all requests for allotment and
shall notify every state agency of its allotments at least five (5) days
before the beginning of each allotment period. The total amount
allotted to any agency for the fiscal year or other term for which the
appropriation was made shall not exceed the amount appropriated for
the year or term.
(e) The budget director shall also have authority at any time to
modify or amend any allotment previously made by the budget director.
(f) In case the budget director shall discover at any time that:
(1) the probable receipts from taxes or other sources for any fund
will be less than were anticipated; and
(2) as a consequence the amount available for the remainder of
the term of the appropriation or for any allotment period will be
less than the amount estimated or allotted;
the budget director shall, with the approval of the governor, and after
notice to the state agency or agencies concerned, reduce the amount or
amounts allotted or to be allotted to prevent a deficit.
(g) The budget agency shall promptly transmit records of all
allotments and modifications to the state comptroller.
(h) The state comptroller shall maintain as a part of the central
accounting system for the state, as provided, records showing at all
times, by funds, accounts, and other pertinent classifications, the
amounts appropriated, the estimated revenues, the actual revenues or
receipts; the amounts allotted and available for expenditure, the total
expenditures, the unliquidated obligations, actual balances on hand,
and the unencumbered balances of the allotments for each state agency.
(i) No payment shall be made from any fund, allotment, or
appropriation unless the state comptroller shall first certify that there
is a sufficient unencumbered balance in the fund, allotment, or
appropriation, after taking into consideration all previous expenditures
to meet the same. In the case of an obligation to be paid from federal
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funds, a notice of a federal grant award shall be considered an
appropriation against which obligations may be incurred, funds may be
allotted, and encumbrances may be made.
(j) Every expenditure or obligation authorized or incurred in
violation of the provisions of this chapter shall be void. Every payment
made in violation of the provisions of this chapter shall be illegal, and
every official authorizing or making a void payment, or taking part in
a void payment, and every person receiving a void payment, or any part
of a void payment, shall be jointly and severally liable to the state for
the full amount paid or received. If any appointive officer or employee
of the state shall knowingly incur any obligation or shall authorize or
make any expenditure in violation of the provisions of this chapter, or
take any part, it shall be ground for removal of the appointive officer
or employee of the state by the officer appointing the appointive officer
or employee of the state. If the appointing officer is a person other than
the governor and fails to remove the officer or employee, the governor
may exercise the power of removal after giving notice of the charges
and opportunity for hearing to the accused officer or employee and to
the officer appointing the accused officer or employee.
(k) The budget director shall be responsible for the authorization
of employee positions. Such authorizations shall be based on the
following:
(1) A requirement that permanent full-time positions which have
been vacant for ninety (90) days or more be reviewed and
reauthorized prior to being filled. If requested by the budget
director, the state personnel director shall review such vacant
positions to determine the proper classification for the position.
(2) Other relevant criteria as determined by the budget director.
(l) The budget director shall provide a report to the governor not
later than January 1, April 1, July 1, and October 1 of each year that
lists the permanent full-time positions that were subject to the budget
director's review under subsection (k)(1) during the preceding three
(3) months.
(k) (m) If the budget director determines at any time that a state
agency can perform the agency's statutory obligations with less than
the amount appropriated, the budget director shall, with the approval
of the governor, and after notice to the state agency or agencies
concerned, reduce the amount or amounts allotted or to be allotted.
The budget agency shall maintain a list of each appropriation from
which the amount or amounts allotted or to be allotted are reduced
and publish the list on the budget agency's website.
SECTION 11. IC 4-13.1-2-9, AS AMENDED BY P.L.186-2025,
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SECTION 283, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 9. (a) This section does not apply
to an entity subject to IC 13-18-16.5.
(b) A state agency (as defined in IC 4-1-10-2) other than a state
educational institution, and a political subdivision (as defined in
IC 36-1-2-13), other than a political subdivision department of public
utilities established under IC 8-1-11.1, shall:
(1) report any cybersecurity incident using their best professional
judgment to the office without unreasonable delay and not later
than two (2) business days after discovery of the cybersecurity
incident in a format prescribed by the chief information officer;
and
(2) provide the office with the name and contact information of
any individual who will act as the primary reporter of a
cybersecurity incident described in subdivision (1) before
September 1, 2021, and before September 1 of every year
thereafter.
Nothing in this section shall be construed to require reporting that
conflicts with federal privacy laws or is prohibited due to an ongoing
law enforcement investigation.
SECTION 12. IC 4-13.1-4-2, AS AMENDED BY P.L.142-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) Except as provided in subsection (b), as
used in this chapter, "public entity" means a:
(1) political subdivision;
(2) state agency;
(3) school corporation; or
(4) state educational institution.
(b) The term does not include an acute care hospital licensed under
IC 16-21 that is established and operated under IC 16-22-2, IC 16-22-8,
or IC 16-23, or a political subdivision department of public utilities
established under IC 8-1-11.1.
SECTION 13. IC 4-13.6-2-12, AS AMENDED BY P.L.15-2020,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. The department shall offer instruction at least
annually to:
(1) small businesses (as defined in IC 5-22-14-1);
(2) minority business enterprises (as defined in IC 4-13-16.5-1);
(3) women's business enterprises (as defined in IC 4-13-16.5-1);
and
(4) veteran owned small businesses (as defined in
IC 4-13-16.5-1);
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(4) veteran owned small businesses (as defined in
IC 4-13-16.5-1);
with regard to bonding requirements and working with the surety
industry to secure bonding for public works projects.
SECTION 14. IC 4-13.6-5-2, AS AMENDED BY P.L.172-2011,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) Except as provided by this chapter and
IC 16-33-4-10, if the estimated cost of a public works project is at least
one hundred fifty thousand dollars ($150,000), the division shall award
a contract for the project based on competitive bids.
(b) If the estimated cost of a public works project is at least one
hundred fifty thousand dollars ($150,000), the division shall develop
contract documents for a public works contract and keep the contract
documents on file in its offices so that they may be inspected by
contractors and members of the public.
(c) The division shall advertise for bids under section 8 of this
chapter. The director shall award a contract under IC 4-13.6-6.
(d) A contractor shall submit under oath a financial statement as a
part of the bid. The director may waive filing of the financial statement.
(e) After bids are opened but before a contract is awarded, the
director may require a contractor to submit a statement of the
contractor's experience, a proposed plan of performing the work, and
a listing of the equipment that is available to the contractor for
performance of the work.
(f) The statements required by this section shall be submitted on
forms approved by the state board of accounts. The forms shall be
based, so far as applicable, on standard questionnaires and financial
statements for contractors used in investigating the qualifications of
contractors on public construction work.
(g) The division shall reject the bid of a contractor if:
(1) the estimated cost of the public works project is one hundred
fifty thousand dollars ($150,000) or more and the contractor is not
qualified under chapter 4 of this article; IC 4-13.6-4;
(2) the estimated cost of the public works project is less than one
hundred fifty thousand dollars ($150,000) and the director makes
a written determination, based upon information provided under
subsections (d) and (e), that the contractor is not qualified to
perform the public works contract;
(3) the contractor has failed to perform a previous contract with
the state satisfactorily and has submitted the bid during a period
of suspension imposed by the director (the failure of the
contractor to perform a contract satisfactorily must be based upon
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a written determination by the director);
(4) the contractor has not complied with a rule adopted under this
article and the rule specifies that failure to comply with it is a
ground for rejection of a bid; or
(5) the contractor has not complied with any requirement under
section 2.5 of this chapter.
(h) The division shall keep a record of all bids. The state board of
accounts shall approve the form of this record, and the record must
include at least the following information:
(1) The name of each contractor.
(2) The amount bid by each contractor.
(3) The name of the contractor making the lowest bid.
(4) The name of the contractor to whom the contract was
awarded.
(5) The reason the contract was awarded to a contractor other than
the lowest bidder, if applicable.
(6) Purchase order numbers.
SECTION 15. IC 4-20.5-21-3, AS ADDED BY P.L.4-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. Before January 1, 2024, the department shall
install on the grounds of the state house a monument commissioned by
the Indiana women's suffrage centennial commission under
IC 4-23-25.1-7 (before its expiration).
SECTION 16. IC 4-21.5-3.5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 6. (a) If a proceeding
is conducted by mediation, the administrative law judge assigned to the
proceeding shall within fifteen (15) days after the date of the order for
mediation make available to the parties, at no cost, a mediator who is
qualified under section 8 of this chapter, or the parties may elect to use,
at their own cost, an outside mediator who is:
(1) qualified under section 8 of this chapter; and
(2) approved by the administrative law judge assigned to the
proceeding.
(b) If a mediator is not selected by agreement or choice under
subsection (a), the administrative law judge assigned to the proceeding
shall designate three (3) mediators from the approved list of mediators
described in subsection section 7(d) of this chapter and allow fifteen
(15) days for alternate striking by each side. The party initiating the
proceeding shall strike first. The mediator remaining after the striking
process is the mediator.
SECTION 17. IC 4-23-34-9, AS AMENDED BY P.L.213-2025,
SECTION 58, AND AS AMENDED BY P.L.238-2025, SECTION 5,
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IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 9. The Indiana department of
department of natural resources shall furnish the necessary staff
support for the commission.
SECTION 18. IC 4-30-2-4.3, AS ADDED BY P.L.152-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.3. "Lottery courier service" means a for profit
for-profit service operated for the purpose of purchasing or facilitating
the purchase of lottery tickets on behalf of persons and delivering or
transmitting the tickets, or electronic images of the tickets, to the
person in exchange for monetary compensation.
SECTION 19. IC 4-31-5-9, AS AMENDED BY P.L.152-2025,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) The commission shall determine the dates
and (if the commission adopts a rule under subsection (c)) the number
of racing days authorized under each recognized meeting permit.
Except for racing at winterized tracks, a recognized meeting may not
be conducted after December 10 of a calendar year.
(b) Except as provided in subsection (c), the commission shall
require at least two hundred eighty (280) but not more than three
hundred thirty (330) total live racing days each calendar year combined
at both racetracks, as follows:
(1) At least one hundred sixty (160) but not more than one
hundred eighty (180) live racing days must be for standardbreds
to race at a licensed parimutuel pari-mutuel horse racing track
located in Madison County.
(2) At least one hundred twenty (120) but not more than one
hundred fifty (150) live racing days must be for horses that are:
(A) mounted by jockeys; and
(B) run on a course without jumps or obstacles;
to race at a licensed parimutuel pari-mutuel horse racing track
located in Shelby County.
The requirements of this subsection are a continuing condition for
maintaining the permit holder's permit. However, the requirements do
not apply if the commission determines that the permit holder is
prevented from conducting live horse racing as a result of a natural
disaster or another event over which the permit holder has no control.
(c) The commission may by rule adjust any of the following:
(1) The total required number of live racing days under subsection
(b).
(2) The number of live racing days required under subsection
(b)(1).
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(3) The number of live racing days required under subsection
(b)(2).
(d) A permit holder may not conduct more than fourteen (14) races
on a particular racing day, unless authorized by the commission to
conduct additional races.
SECTION 20. IC 4-33-12-0.7, AS ADDED BY P.L.293-2019,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 0.7. (a) This section applies only to a licensed
owner described in IC 4-33-6-1(a)(1).
(b) Adjusted gross receipts received by two (2) riverboats operated
by the licensed owner in accordance with IC 4-33-6-1(d) must be taxed
separately under this chapter regardless of the fact that the riverboats
are operated under a single license.
(c) This subsection applies to a state fiscal year ending before July
1, 2025. Beginning on the day that the licensed owner begins gaming
operations at a new riverboat sited at a location approved under
IC 4-33-6-4.5, the adjusted gross receipts received by the riverboat
must be taxed under this chapter as if the adjusted gross receipts were
received from two (2) riverboats. The licensed owner shall allocate the
adjusted gross receipts received by the riverboat into two (2) separate
tax bases proportionally to the amount of adjusted gross receipts that
each riverboat operating from a dock in Gary received in the state fiscal
year ending June 30, 2018. The licensed owner's tax liability under this
chapter is determined by applying:
(1) the tax rate determined under section 1.5(b) of this chapter
for the docked riverboat that had the greater amount of adjusted
gross receipts in the state fiscal year ending June 30, 2018, to the
larger of the two (2) tax base allocations; and
(2) the tax rate determined under section 1.5(b) of this chapter
for the docked riverboat that had the lesser amount of adjusted
gross receipts in the state fiscal year ending June 30, 2018, to the
smaller of the two (2) tax base allocations.
(d) For state fiscal years beginning after June 30, 2025, adjusted
gross receipts received by a riverboat sited at a location approved under
IC 4-33-6-4.5 are subject to taxation under this chapter as adjusted
gross receipts received from a single riverboat.
SECTION 21. IC 4-33-22-8.5, AS ADDED BY P.L.115-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8.5. As used in the this chapter, "unified rules"
means the most recent version of any of the unified rules adopted by
the Association of Boxing Commissions and Combative Sports.
SECTION 22. IC 5-1-14-17, AS ADDED BY P.L.68-2025,
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SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 17. (a) This section applies to a qualified political
subdivision.
(b) As used this section, "general obligation bond" means a bond
issued for a short term period of not more than five (5) years and
payable from property taxes for a purpose or project that is not a
controlled project (as defined in IC 6-1.1-20-1.1) for which the bond is
not required to be issued using the procedures in IC 6-1.1-20.
(c) As used in this section, "qualified political subdivision" means
a county, city, town, township, or school corporation.
(d) Notwithstanding any other law, and except as provided in
subsection (e), if a qualified political subdivision issues new general
obligation bonds, or has issued general obligation bonds before May 1,
2025, for a period of two (2) years of or less, then at the expiration of
those general obligation bonds, the qualified political subdivision must
wait one (1) year from that date before the qualified political
subdivision may issue general obligation bonds.
(e) Subsection (d) shall not apply to a qualified political subdivision
in the case of a natural disaster, an accident, or another unanticipated
emergency as determined by the department of local government
finance.
SECTION 23. IC 5-2-1.6-9, AS ADDED BY P.L.20-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. An employment contract or agreement may not
require an individual to reimburse the public employer for more than
the maximum reimbursement amount, which shall be calculated as
follows:
(1) If an individual is hired by a nonpublic employer not more
than one (1) year after the individual's certification date, the
contract may require the individual to reimburse the public
employer not more than one hundred percent (100%) of the costs,
expressed as a dollar amount.
(2) If an individual is hired by a nonpublic employer:
(A) more than one (1) year; and
(B) less than two (2) years;
after the individual's certification date, the contract may require
the individual to reimburse the public employer not more than
sixty-six percent (66%) of costs, expressed as a dollar amount.
(3) If an individual is hired by a nonpublic employer:
(A) at least two (2) years; and
(B) less than three (3) years;
after the individual's certification date, the contract may require
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the individual to reimburse the public employer not more than
thirty-three percent (33%) of costs, expressed as a dollar amount.
(4) If an individual is hired by a nonpublic employer more than
three (3) years after the individual's certification date, the contract
may not require the individual to reimburse the public employer
for any costs.
SECTION 24. IC 5-2-22-4, AS AMENDED BY P.L.161-2018,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) The office shall publish the registry on the
office's Internet web site. website. The registry must be searchable and
available to the public.
(b) The office shall ensure that the registry is updated at least one
(1) time every thirty (30) days.
(c) The office shall ensure that the 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 crime
of child abuse. However, information on the registry may not be
complete.".
SECTION 25. IC 5-10.2-2-0.1, AS ADDED BY P.L.220-2011,
SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 0.1. The addition of section 18 of this chapter
(expired July 1, 2013) by P.L.224-2003 applies only to investments
made after June 30, 2003.
SECTION 26. IC 5-15-1-2, AS ADDED BY P.L.246-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) For purposes of this section,
"administration" refers to the Indiana archives and records
administration created by IC 5-15-5.1.
(b) The administration shall do the following:
(1) Establish procedures to retain an original record, document,
plat, paper, or instrument-in-writing described in section 1 of this
chapter in an electronic format.
(2) After the administration has established a procedure described
in subdivision (1), establish a period of time after which an
original record, document, plat, paper, or instrument-in-writing
may be destroyed.
(3) Not later than November 1, 2023, prepare and submit a report
to the general assembly in an electronic format under IC 5-14-6
regarding the:
(A) procedure established under subdivision (1); and
(B) period of time established under subdivision (2).
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This subdivision expires July 1, 2024.
SECTION 27. IC 6-1.1-3-7, AS AMENDED BY P.L.230-2025,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) Except as provided in subsections (b), (c),
and (f), a taxpayer shall, on or before the filing date of each year, file
a personal property return with:
(1) the assessor of each township in which the taxpayer's personal
property is subject to assessment;
(2) the county assessor if there is no township assessor for a
township in which the taxpayer's personal property is subject to
assessment; or
(3) after 2020 and before 2026, the personal property online
submission portal developed and maintained by the department
under section 26 of this chapter (before its repeal).
(b) The township assessor or county assessor may grant a taxpayer
an extension of not more than thirty (30) days to file the taxpayer's
return if:
(1) the taxpayer submits a written or an electronic application for
an extension prior to the filing date; and
(2) the taxpayer is prevented from filing a timely return because
of sickness, absence from the county, or any other good and
sufficient reason.
(c) If a taxpayer:
(1) has personal property subject to assessment in more than one
(1) township in a county; or
(2) has personal property that is subject to assessment and that is
located in two (2) or more taxing districts within the same
township;
the taxpayer shall file a single return with the county assessor and
attach a schedule listing, by township, all the taxpayer's personal
property and the property's assessed value. The taxpayer shall provide
the county assessor with the information necessary for the county
assessor to allocate the assessed value of the taxpayer's personal
property among the townships listed on the return and among taxing
districts, including the street address, the township, and the location of
the property. The taxpayer may, in the alternative, submit the taxpayer's
personal property information and the property's assessed value
through the personal property online submission portal developed
under section 26 of this chapter (before its repeal).
(d) The county assessor shall provide to each affected township
assessor (if any) in the county all information filed by a taxpayer under
subsection (c) that affects the township.
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(e) The county assessor may refuse to accept a personal property tax
return that does not comply with subsection (c). For purposes of
IC 6-1.1-37-7, a return to which subsection (c) applies is filed on the
date it is filed with the county assessor with the schedule required by
subsection (c) attached.
(f) This subsection applies to a church or religious society that:
(1) has filed a personal property tax return under this section for
each of the five (5) years preceding a year; and
(2) on each of the returns described in subdivision (1) has not
owed any tax liability due to exemptions under IC 6-1.1 this
article for which the church or religious society has been deemed
eligible.
Notwithstanding any other law, a church or religious society is not
required to file a personal property tax return for a year after the five
(5) year period described in subdivision (1) unless there is a change in
ownership of any personal property included on a return described in
subdivision (1), or any other change that results in the personal
property no longer being eligible for an exemption under IC 6-1.1, this
article, or the church or religious society would otherwise be liable for
property tax imposed on personal property owned by the church or
religious society.
SECTION 28. IC 6-1.1-4-13, AS AMENDED BY P.L.180-2016,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. (a) In assessing or reassessing land, the land
shall be assessed as agricultural land only when it is devoted to
agricultural use.
(b) For purposes of this section, and in addition to any other land
considered devoted to agricultural use, any:
(1) land enrolled in:
(A) a land conservation or reserve program administered by
the United States Department of Agriculture;
(B) a land conservation program administered by the United
States Department of Agriculture's Farm Service Agency; or
(C) a conservation reserve program or agricultural easement
program administered by the United States Department of
Agriculture's National Natural Resources Conservation
Service;
(2) land enrolled in the department of natural resources' classified
forest and wildlands program (or any similar or successor
program);
(3) land classified in the category of other agriculture use, as
provided in the department of local government finance's real
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property assessment guidelines; or
(4) land devoted to the harvesting of hardwood timber;
is considered to be devoted to agricultural use. Agricultural use for
purposes of this section includes but is not limited to the uses included
in the definition of "agricultural use" in IC 36-7-4-616(b), such as the
production of livestock or livestock products, commercial aquaculture,
equine or equine products, land designated as a conservation reserve
plan, pastureland, poultry or poultry products, horticultural or nursery
stock, fruit, vegetables, forage, grains, timber, trees, bees and apiary
products, tobacco, other agricultural crops, general farming operation
purposes, native timber lands, or land that lays fallow. Agricultural use
may not be determined by the size of a parcel or size of a part of the
parcel. This subsection does not affect the assessment of any real
property assessed under IC 6-1.1-6 (assessment of certain forest lands),
IC 6-1.1-6.2 (assessment of certain windbreaks), or IC 6-1.1-6.7
(assessment of filter strips).
(c) The department of local government finance shall give written
notice to each county assessor of:
(1) the availability of the United States Department of
Agriculture's soil survey data; and
(2) the appropriate soil productivity factor for each type or
classification of soil shown on the United States Department of
Agriculture's soil survey map.
All assessing officials and the property tax assessment board of appeals
shall use the data in determining the true tax value of agricultural land.
However, notwithstanding the availability of new soil productivity
factors and the department of local government finance's notice of the
appropriate soil productivity factor for each type or classification of
soil shown on the United States Department of Agriculture's soil survey
map for the March 1, 2012, assessment date, the soil productivity
factors used for the March 1, 2011, assessment date shall be used for
the January 1, 2016, assessment date and each assessment date
thereafter.
(d) The department of local government finance shall by rule
provide for the method for determining the true tax value of each parcel
of agricultural land.
(e) This section does not apply to land purchased for industrial or
commercial uses.
SECTION 29. IC 6-1.1-10-54, AS AMENDED BY P.L.213-2025,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 54. (a) As used in this section, "designating body"
means the fiscal body of:
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(1) a county that does not contain a consolidated city; or
(2) a municipality.
(b) As used in this section, "eligible business" means an entity that
meets the following requirements:
(1) The entity is engaged in a business that:
(A) operates; or
(B) leases qualified property for use in;
one (1) or more facilities.
(2) The entity's qualified property is located at a facility in
Indiana.
(3) The entity, the lessor of qualified property (if the entity is a
lessee), and all lessees of qualified property invest in the
aggregate at least one hundred million dollars ($100,000,000) in
real and personal property at one (1) or more facilities in Indiana
after January 1, 2026.
(4) The average wage of employees who are located in the county
or municipality and engaged in the operation of the facility is at
least one hundred twenty-five percent (125%) of the county
average wage for the county in which the facility operates.
(c) As used in this section, "facility" has the meaning set forth in
IC 6-2.5-15-5.
(d) As used in this section, "fiscal body" has the meaning set forth
in IC 36-1-2-6.
(e) As used in this section, "municipality" has the meaning set forth
in IC 36-1-2-11.
(f) As used in this section, "qualified property" means quantum safe
fiber network equipment purchased after January 1, 2026, and any
additions to or replacements to of such property.
(g) As used in this section, "quantum safe fiber network equipment"
has the meaning set forth in IC 6-2.5-15-13.3.
(h) A designating body may enter into an agreement with an eligible
business to grant the eligible business a property tax exemption. In the
case of a county, the exemption applies only to qualified property that
is located in unincorporated territory of the county. In the case of a
municipality, the exemption applies only to qualified property that is
located in the municipality. The property tax exemption applies to the
qualified property only if the designating body and the eligible business
enter into an agreement concerning the property tax exemption. The
agreement must specify the duration of the property tax exemption. The
agreement may specify that if the ownership of qualified property is
transferred by an eligible business, the transferee is entitled to the
property tax exemption on the same terms as the transferor. If a
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designating body enters into an agreement with an eligible business,
the qualified property owned by the eligible business is exempt from
property taxation as provided in the resolution and the agreement.
(i) If a designating body enters into an agreement under subsection
(h) to provide a property tax exemption, the property tax exemption
continues for the period specified in the agreement.
SECTION 30. IC 6-1.1-12-17.8, AS AMENDED BY P.L.230-2025,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 17.8. (a) An individual who receives a deduction
provided under section 9 (before its expiration), 11 (before its
expiration), 13, 14, 16 (before its expiration), 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
transfer book.
(b) An individual who receives a deduction provided under section
9 (before its expiration), 11 (before its expiration), 13, 14, 16 (before
its expiration), 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 (before its expiration), 11 (before
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its expiration), 13, 14, 16 (before its expiration), 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 (before its expiration), 11 (before its expiration), 13, 14, 16 (before
its expiration), 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 (before its expiration), 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 (before its
expiration), 11 (before its expiration), 13, 14, 16 (before its expiration),
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 (before its expiration) 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 (before its expiration), 11
(before its expiration), 13, 14, 16 (before its expiration), 17.4
(before 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)
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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
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
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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(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 31. IC 6-1.1-12-37, AS AMENDED BY P.L.68-2025,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: 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
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.
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216); or
(iv) is a residence described in section 17.9 of this chapter
(before its expiration) that is owned by a trust if the
individual is an individual described in section 17.9 of this
chapter; (before its expiration); 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 (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 (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
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:
(1) for assessment dates before January 1, 2025, the lesser of:
(A) 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
(B) forty-eight thousand dollars ($48,000); or
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(2) for assessment dates after December 31, 2024:
(A) in 2025, forty-eight thousand dollars ($48,000);
(B) in 2026, forty thousand dollars ($40,000);
(C) in 2027, thirty thousand dollars ($30,000);
(D) in 2028, twenty thousand dollars ($20,000); and
(E) in 2029, ten thousand dollars ($10,000).
Beginning with the 2030 assessment date, and each assessment date
thereafter, the deduction amount under this section is zero (0).
Application of the phase down under this section for assessment dates
after December 31, 2024, with regard to mobile homes that are not
assessed as real property and manufactured homes not assessed as real
property shall be construed and applied in the same manner in terms of
timing and consistent with its application for real property.
(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):
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(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 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.
(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 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
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the calendar year in which the property taxes are first due and
payable for a homestead described in subsection (a)(2).
(g) Except as provided in subsection (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 (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.
(h) The department of local government finance may adopt rules or
guidelines concerning the application for a deduction under this
section.
(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
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
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property that is the subject of the application. Except as provided in
subsection (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.
(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 (before its expiration). 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.
(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.
(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
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.
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(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's license information, and voter registration
information.
(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.
(n) An individual is entitled to the deduction under this section for
a homestead for a particular assessment date if:
(1) either:
(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
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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.
(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.
(p) This subsection:
(1) applies to an application for the deduction provided by this
section that is filed for an assessment date occurring after
December 31, 2013; and
(2) does not apply to an individual described in subsection (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.
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(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.
(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.
(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
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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 32. IC 6-1.1-12-43, AS AMENDED BY P.L.230-2025,
SECTION 37, AND AS AMENDED BY P.L.186-2025, SECTION
292, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 43. (a) For purposes of this section:
(1) "benefit" refers to a deduction under section 9 (before its
expiration), 11 (before its expiration), 13, (before its expiration),
14, (before its expiration), 16 (before its expiration), 17.4 (before
its expiration), 26 (before its expiration), 29 (before its
expiration), 33 (before its expiration), 34 (before its expiration),
37, or 37.5 of this chapter;
(2) "closing agent" means a person that closes a transaction;
(3) "customer" means an individual who obtains a loan in a
transaction; and
(4) "transaction" means a single family residential:
(A) first lien purchase money mortgage transaction; or
(B) refinancing transaction.
(b) Before closing a transaction after December 31, 2004, a closing
agent must provide to the customer the form referred to in subsection
(c).
(c) Before June 1, 2004, The department of local government
finance shall prescribe the form to be provided by closing agents to
customers under subsection (b). The department shall make the form
available to closing agents, county assessors, county auditors, and
county treasurers in hard copy and electronic form. County assessors,
county auditors, and county treasurers shall make the form available to
the general public. The form must:
(1) on one (1) side:
(A) list each benefit; and
(B) list the eligibility criteria for each benefit;
(2) on the other side indicate:
(A) each action by and each type of documentation from the
customer required to file for each benefit; and
(B) sufficient instructions and information to permit a party to
terminate a standard deduction under section 37 of this chapter
on any property on which the party or the spouse of the party
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will no longer be eligible for the standard deduction under
section 37 of this chapter after the party or the party's spouse
begins to reside at the property that is the subject of the
closing, including an explanation of the tax consequences and
applicable penalties, if a party unlawfully claims a standard
deduction under section 37 of this chapter; and
(3) be printed in one (1) of two (2) or more colors prescribed by
the department of local government finance that distinguish the
form from other documents typically used in a closing referred to
in subsection (b).
(d) A closing agent:
(1) may reproduce the form referred to in subsection (c);
(2) in reproducing the form, must use a print color prescribed by
the department of local government finance; and
(3) is not responsible for the content of the form referred to in
subsection (c) and shall be held harmless by the department of
local government finance from any liability for the content of the
form.
(e) This subsection applies to a transaction that is closed after
December 31, 2009. In addition to providing the customer the form
described in subsection (c) before closing the transaction, a closing
agent shall do the following as soon as possible after the closing, and
within the time prescribed by the department of insurance under
IC 27-7-3-15.5:
(1) To the extent determinable, input the information described in
IC 27-7-3-15.5(c)(2) into the system maintained by the
department of insurance under IC 27-7-3-15.5.
(2) Submit the form described in IC 27-7-3-15.5(c) to the data
base described in IC 27-7-3-15.5(c)(2)(D).
(f) A closing agent to which this section applies shall document the
closing agent's compliance with this section with respect to each
transaction in the form of verification of compliance signed by the
customer.
(g) Subject to IC 27-7-3-15.5(d), a closing agent is subject to a civil
penalty of twenty-five dollars ($25) for each instance in which the
closing agent fails to comply with this section with respect to a
customer. The penalty:
(1) may be enforced by the state agency that has administrative
jurisdiction over the closing agent in the same manner that the
agency enforces the payment of fees or other penalties payable to
the agency; and
(2) shall be paid into:
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(A) the state general fund, if the closing agent fails to comply
with subsection (b); or
(B) the home ownership education account established by
IC 5-20-1-27, if the closing agent fails to comply with
subsection (e) in a transaction that is closed after December
31, 2009.
(h) A closing agent is not liable for any other damages claimed by
a customer because of:
(1) the closing agent's mere failure to provide the appropriate
document to the customer under subsection (b); or
(2) with respect to a transaction that is closed after December 31,
2009, the closing agent's failure to input the information or
submit the form described in subsection (e).
(i) The state agency that has administrative jurisdiction over a
closing agent shall:
(1) examine the closing agent to determine compliance with this
section; and
(2) impose and collect penalties under subsection (g).
SECTION 33. IC 6-1.1-24-6.1, AS AMENDED BY P.L.66-2021,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6.1. (a) The county executive may do the
following:
(1) By resolution, identify properties concerning which the county
executive desires to offer to the public the certificates of sale
acquired by the county executive under section 6 of this chapter.
(2) Except as otherwise provided in subsection (c), in conformity
with IC 5-3-1-4, publish:
(A) notice of the date, time, and place for a public sale; and
(B) a listing of parcels on which certificates will be offered by
parcel number and minimum bid amount;
once each week for three (3) consecutive weeks, with the final
advertisement being not less than thirty (30) days before the sale
date. The expenses of the publication shall be paid out of the
county general fund.
(3) Sell each certificate of sale covered by the resolution for a
price that:
(A) is less than the minimum sale price prescribed by section
5 of this chapter; and
(B) includes any costs to the county directly attributable to the
sale of the certificate of sale.
(b) Except as otherwise provided in subsection (c), notice of the list
of properties prepared under subsection (a) and the date, time, and
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place for the public sale of the certificates of sale shall be published in
accordance with IC 5-3-1. The notice must:
(1) include a description of the property by parcel number and
common address;
(2) specify that the county executive will accept bids for the
certificates of sale for the price referred to in subsection (a)(3);
(3) specify the minimum bid for each parcel;
(4) include a statement that a person redeeming each tract or item
of real property after the sale of the certificate must pay:
(A) the amount of the minimum bid under section 5 of this
chapter for which the tract or item of real property was last
offered for sale;
(B) ten percent (10%) of the amount for which the certificate
is sold;
(C) the attorney's fees and costs of giving notice under
IC 6-1.1-25-4.5;
(D) the costs of a title search or of examining and updating the
abstract of title for the tract or item of real property;
(E) all taxes and special assessments on the tract or item of
real property paid by the purchaser after the sale of the
certificate plus interest at the rate of ten percent (10%) per
annum on the amount of taxes and special assessments paid by
the purchaser on the redeemed property;
(F) all costs of sale, advertising costs, and other expenses of
the county directly attributable to the sale of certificates of
sale; and
(G) all taxes or special assessments, or both, paid by the
county treasurer under section 7(b) of this chapter; and
(5) include a statement that, if the certificate is sold for an amount
more than the minimum bid under section 5 of this chapter for
which the tract or item of real property was last offered for sale
and the property is not redeemed, the owner of record of the tract
or item of real property who is divested of ownership at the time
the tax deed is issued may have a right to the tax sale surplus.
(c) For properties identified under subsection (a) for which the
certificates of sale are not sold when initially offered for sale under this
section, the county executive may omit from the notice the descriptions
of the tracts or items of real property under subsection (b)(1) and the
associated minimum bids under subsection (b)(3) 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
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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 for
which a certificate of sale is eligible for sale 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.
SECTION 34. IC 6-2.5-5-8.5, AS AMENDED BY P.L.194-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8.5. Transactions are exempt from the state gross
retail tax when:
(1) a power subsidiary or person provides, installs, constructs,
services, or removes tangible personal property which is used in
connection with the furnishing of the services or commodities
listed in IC 6-2.5-4-5;
(2) a power subsidiary or person sells the services or commodities
listed in IC 6-2.5-4-5 to another public utility or power subsidiary
or a person described in IC 6-2.5-4-6; or
(3) a power subsidiary or person sells the services or commodities
listed in IC 6-2.5-4-5 and all of the following conditions are
satisfied:
(A) The services or commodities are sold to a business that:
(i) relocates all or part of its operations to a facility; or
(ii) expands all or part of its operations in a facility;
located in a military base (as defined in IC 36-7-30-1(c)), a
military base reuse area established under IC 36-7-14.5-12.5
that is or formerly was a military base (as defined in
IC 36-7-30-1(c)), or a qualified military base enhancement
area established under IC 36-7-34.
(B) The business uses the services or commodities in the
facility described in clause (A) not later than five (5) years
after the operations that relocated to the facility, or expanded
in the facility, commence.
(C) The sales of the services or commodities are separately
metered for use by the relocated or expanded operations.
(D) In the case of a business that uses the services or
commodities in a qualified military base enhancement area
established under IC 36-7-34-4(1), the business must satisfy at
least one (1) of the following criteria:
(i) The business is a participant in the technology transfer
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program conducted by the qualified military base (as defined
in IC 36-7-34-3).
(ii) The business is a United States Department of Defense
contractor.
(iii) The business and the qualified military base have a
mutually beneficial relationship evidenced by a
memorandum of understanding between the business and
the United States Department of Defense.
(E) In the case of a business that uses the services and
commodities in a qualified military base enhancement area
established under IC 36-7-34-4(2), the business must satisfy at
least one (1) of the following criteria:
(i) The business is a participant in the technology transfer
program conducted by the qualified military base (as defined
in IC 36-7-34-3).
(ii) The business and the qualified miliary military base
have a mutually beneficial relationship evidenced by a
memorandum of understanding between the business and
the qualified military base (as defined in IC 36-7-34-3).
However, this subdivision does not apply to a business that
substantially reduces or ceases its operations at another location
in Indiana in order to relocate its operations in an area described
in this subdivision, unless the department determines that the
business had existing operations in the area described in this
subdivision and that the operations relocated to the area are an
expansion of the business's operations in the area.
SECTION 35. IC 6-2.5-15-6.5, AS ADDED BY P.L.178-2025,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6.5. (a) As used in this chapter, "interest in a
quantum computing research, advanced computing, and defense
infrastructure network" means an entity that is the owner of, the
operator of, or a qualified colocation tenant in, any element of a
quantum safe fiber network or a quantum computing, advanced
computing, and defense infrastructure network.
(b) The term includes an interest in a portion of a quantum
computing research, advanced computing, and defense infrastructure
network.
SECTION 36. IC 6-2.5-15-13.2, AS ADDED BY P.L.178-2025,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13.2. As used in this chapter, "quantum safe fiber
network" means a fiber network that includes each of the following
attributes:
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(1) A deployed fiber infrastructure comprised of:
(A) standard single mode optical fibers (G.652.D) that are
compliant with the federal Trade Agreements Act of 1979
(Public Law 96-39, 93 Stat. 144, as amended);
(B) flexgrid reconfigurable photonic layer; and
(C) only coherent optical transponders with FIPS 140-3
certified L1 encryption (OTNsec) with support for external key
from quantum key distribution servers that are compliant with
the federal Trade Agreements Act of 1979 (Public Law 96-39,
93 Stat. 144, as amended);
on electronics and glass.
(2) A fiber infrastructure that is connected to:
(A) a military installation of the United States of America;
(B) the Indiana National Guard;
(C) another military outlet or I-Light; or
(D) an institution of higher learning conducting quantum
computing research or advanced computing research.
(3) A network engineered with physical intermediate access
points (nodes) not more than sixty (60) miles apart.
(4) A network with physical intermediate access points (nodes)
equipped with physical access control and remote monitoring.
(5) A network with quantum key distribution (QKD) servers
deployed on every fiber span.
(6) A network that is not used for residential broadband and
limited in use to less than fifteen percent (15%) for commercial
broadband (ISP) applications.
(7) A network that complies with the federal Trade Agreements
Act of 1979 (Public Law 96-39, 93 Stat. 144) as amended.
SECTION 37. IC 6-3-2.1-6, AS AMENDED BY P.L.213-2025,
SECTION 72, AND AS AMENDED BY P.L.205-2025, SECTION 7,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6. (a) Except as otherwise provided
in this section, an electing entity shall be subject to the obligation to
make estimated tax payments under this article for the tax imposed
under section 4 of this chapter in the same manner as applicable to
corporations under IC 6-3-4-4.1(c). IC 6-3-4-4.2(b).
(b) For taxable years ending on or before June 30, 2023, an electing
entity is not required to make estimated tax payments.
(c) For taxable years ending after June 30, 2023, and on or before
December 31, 2024, an electing entity shall make an estimated tax
payment for the taxable years on or before the end of the taxable year.
There shall be no penalty for underpayment of estimated tax, except to
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the extent the underpayment fails to equal or exceed fifty percent
(50%) of the tax imposed by section 4 of this chapter for the taxable
year.
(d) For taxable years ending after December 31, 2024, there shall be
no penalty for underpayment of estimated tax, except to the extent the
one (1) or more payments required during the taxable year fail to equal
or exceed the lesser of eighty percent (80%) twenty percent (20%) of
the tax imposed under this chapter for the taxable year or one hundred
percent (100%) twenty-five percent (25%) of the tax imposed under
this chapter for the preceding taxable year.
(e) In the event of an underpayment under subsection (c) or (d), the
electing entity shall be subject to a penalty in the amount at the rate
prescribed under IC 6-8.1-10-2.1(b) on the amount of the
underpayment.
SECTION 38. IC 6-3-4.5-9, AS AMENDED BY P.L.80-2025,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) Partnerships and partners shall report final
federal adjustments arising from a partnership level audit or an
administrative adjustment request and make payments as required
under this section.
(b) Final federal adjustments subject to the requirements of this
section, except those subject to a properly made election under
subsection (c), shall be reported as follows:
(1) Not later than the applicable deadline, the partnership shall:
(A) file an amended partnership return for the review year and
any other taxable year affected by the final federal adjustments
with the department as provided in section 8 of this chapter
and provide any other information required by the department;
(B) notify each of its direct partners of their distributive share
of the final federal adjustments as provided in section 8 of this
chapter for all affected taxable years for which the partnership
filed an amended partnership return by an amended statement
or a report in the form and manner prescribed by the
department;
(C) file an amended composite return for direct partners and
an amended withholding return for direct partners for the
review year and any affected taxable years as otherwise
required by IC 6-3-4-12 or IC 6-5.5-2-8 and pay any tax due
for the taxable years; and
(D) if the partnership is an electing entity, file an amended
return under IC 6-3-2.1 for the review year and any affected
taxable year and pay any tax due for the taxable year.
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(2) Each direct partner that is subject to tax under IC 6-3, this
article, IC 6-3.6, or IC 6-5.5 shall, on or before the applicable
deadline:
(A) file an amended return as provided in section 8 of this
chapter reporting their distributive share of the adjustments
reported to them under subdivision (1)(B) for the taxable year
in which affected taxable year attributes would be reported by
the direct partner as provided in section 8 of this chapter; and
(B) pay any additional amount of tax due as if final federal
partnership adjustments had been properly reported, less any
credit for related amounts paid or withheld and remitted on
behalf of the direct partner.
(3) Each tiered partner shall treat any final federal partnership
adjustments under this section in a manner consistent with the
treatment of tiered partners under section 8 of this chapter.
(c) Except as provided in subsection (d), an audited partnership
making an election under this subsection shall:
(1) not later than the applicable deadline, file an amended
partnership return for the review year and for any other affected
taxable year elected by the audited partnership, including
information as required by the department, and notify the
department that it is making the election under this subsection;
and
(2) not later than ninety (90) days after the applicable deadline,
pay an amount, determined as follows, in lieu of taxes owed by its
direct or indirect partners:
(A) Exclude from final federal adjustments the distributive
share of these adjustments reported to a direct exempt partner
that is not unrelated business income.
(B) For the total distributive shares of the remaining final
federal adjustments reported to direct corporate partners and
to direct exempt partners, apportion and allocate such
adjustments as provided under IC 6-3-2-2 or IC 6-3-2-2.2 (in
the case of the adjusted gross income tax) or IC 6-5.5-4 (in the
case of the financial institutions tax), and multiply the
resulting amount by the tax rate for the taxable year under
IC 6-3-2-1(c), IC 6-3-2-1.5 (before its expiration), or
IC 6-5.5-2-1, as applicable.
(C) For the total distributive shares of the remaining final
federal adjustments reported to nonresident direct partners
other than tiered partners or corporate partners, determine the
amount of such adjustments which is Indiana source income
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under IC 6-3-2-2 or IC 6-3-2-2.2, and multiply the resulting
amount by the tax rate under IC 6-3-2-1(b), and if applicable
IC 6-3.6. If a partnership is unable to determine whether a
nonresident is subject to tax under IC 6-3.6, or to determine in
what county the nonresident is subject to tax under IC 6-3.6,
tax shall also be imposed at the highest rate for which a county
imposes a tax under IC 6-3.6 for the taxable year.
(D) For the total distributive shares of the remaining final
federal adjustments reported to tiered partners:
(i) determine the amount of any adjustment that is of a type
that it would be subject to sourcing in Indiana under
IC 6-3-2-2, IC 6-3-2-2.2, or IC 6-5.5-4, as applicable, and
determine the portion of this amount that would be sourced
to Indiana;
(ii) determine the amount of any adjustment that is of a type
that it would not be subject to sourcing to Indiana by a
nonresident partner under IC 6-3-2-2, IC 6-3-2-2.2, or
IC 6-5.5-4, as applicable;
(iii) determine the portion of the amount determined under
item (ii) that can be established, as prescribed by the
department by rule under IC 4-22-2, to be properly allocable
to nonresident indirect partners or other partners not subject
to tax on the adjustments; and
(iv) multiply the sum of the amounts determined in items (i)
and (ii) reduced by the amount determined in item (iii) by
the highest combined rate for the taxable year under
IC 6-3-2-1(b) and IC 6-3.6 for any county, the rate under
IC 6-3-2-1(c), or the rate under 6-5.5-2-1 for the taxable
year, whichever is highest.
(E) For the total distributive shares of the remaining final
federal adjustments reported to resident individual, estate, or
trust direct partners, multiply that amount by the tax rate under
IC 6-3-2-1(b) and IC 6-3.6. If a partnership does not
reasonably ascertain the county of residence for an individual
direct partner, the rate under IC 6-3.6 for that partner shall be
treated as the highest rate imposed in any county under
IC 6-3.6 for the taxable year.
(F) Add an amount equal to any credit reduction under
IC 6-3-3, IC 6-3.1, and IC 6-5.5 attributable as a result of final
federal adjustments.
(G) Add the amounts determined in clauses (B), (C), (D)(iv),
(E), and (F). For purposes of determining interest and
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penalties, the due date of payment shall be the due date of the
partnership's return under IC 6-3-4-10 for the taxable year,
determined without regard to any extensions.
(d) Final federal adjustments subject to an election under subsection
(c) shall not include:
(1) the distributive share of final federal adjustments that would
constitute income derived from a partnership to any direct or
indirect partner that is a corporation taxable under IC 6-3-2-1(c),
IC 6-3-2-1.5 (before its expiration), or IC 6-5.5-2-1 and is
considered unitary to the partnership; or
(2) any other circumstances that the department determines would
result in avoidance or evasion of any tax otherwise due from one
(1) or more partners under IC 6-3 this article or IC 6-5.5.
(e) No election under subsection (c) may be made for federal audit
adjustments received by the department after April 30, 2023.
(f) Notwithstanding IC 6-3-4-11, an audited partnership not
otherwise subject to any reporting or payment obligations to Indiana
that makes an election under subsection (c) consents to be subject to
Indiana law related to reporting, assessment, payment, and collection
of Indiana tax calculated under the election.
SECTION 39. IC 6-3.6-3-5, AS AMENDED BY P.L.223-2025,
SECTION 5, AND AS AMENDED BY P.L.68-2025, SECTION 106,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 5. (a) The auditor of a county (or
the fiscal officer of a municipality in the case of a local income tax
imposed under IC 6-3.6-6-22) shall record all votes taken on
ordinances presented for a vote under this article and not more than ten
(10) days after the vote, send a certified copy of the results to:
(1) the commissioner of the department of state revenue; and
(2) the commissioner of the department of local government
finance;
in an electronic format approved by the commissioner of the
department of local government finance.
(b) Except as provided in subsection (c), this subsection applies
only to a county that has a local income tax council. The county
auditor may cease sending certified copies after the county auditor
sends a certified copy of results showing that members of the local
income tax council have cast a majority of the votes on the local
income tax council for or against the proposed ordinance.
(c) This subsection applies only to a county with a single voting
bloc that proposes to increase (but not decrease) a tax rate in the
county. The county auditor may cease sending certified copies of the
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votes on the local income tax council voting as a whole under section
9.5 of this chapter after the county auditor sends a certified copy of
results showing that the individuals who sit on the fiscal bodies of the
county, cities, and towns that are members of the local income tax
council have cast a majority of the votes on the local income tax
council voting as a whole under section 9.5 of this chapter for or
against the proposed ordinance. This subsection expires May 31, 2027.
SECTION 40. IC 6-3.6-6-4.5, AS ADDED BY P.L.68-2025,
SECTION 128, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 4.5. (a) Revenue raised from a tax
rate for nonmunicipal civil taxing units under section 2(b)(3) of this
chapter may be distributed by the county to nonmunicipal civil taxing
units subject to the provisions of this section.
(b) Subject to the maximum aggregate tax rate of not more than
two-tenths of one percent (0.2%) under section 2(b)(3) of this chapter,
the adopting body may adopt a tax rate for each type of nonmunicipal
civil taxing unit, which may not exceed more than five-hundredths of
one percent (0.05%) for any given unit type. The revenue raised from
a tax rate for a specific type of nonmunicipal civil taxing unit shall be
allocated to all nonmunicipal civil taxing units of that same type
located within the county on a pro rata per capita basis, subject to
subsection (e).
(c) A county solid waste management district (as defined in
IC 13-11-2-47) or a joint solid waste management district (as defined
in IC 13-11-2-113) is not an eligible nonmunicipal civil taxing unit for
the purpose of receiving an allocation of general purpose revenue under
this chapter unless a majority of the members of each of the county
fiscal bodies of the counties within the district passes a resolution
approving the distribution.
(d) A resolution passed by a county fiscal body under subsection (c)
may:
(1) expire on a date specified in the resolution; or
(2) remain in effect until the county fiscal body revokes or
rescinds the resolution.
(e) A nonmunicipal civil taxing unit wishing to receive a share of
revenue under this section in a year must adopt a resolution requesting
the distribution from the county and must provide a certified copy of
the resolution to the adopting body not later than July 1 of the year
immediately preceding the distribution year. Not later than August 1 of
the year immediately preceding the distribution year, the adopting body
shall hold a public hearing on the resolution requesting the distribution
and provide the public with notice of the time and place where the
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public hearing will be held. The notice must be given in accordance
with IC 5-3-1 and include a description of the resolution requesting the
distribution from the county.
(f) If a nonmunicipal civil taxing unit adopts a resolution under this
subsection subsection (e) and provides the resolution to the adopting
body as set forth in this that subsection, the county shall distribute to
the nonmunicipal civil taxing unit an amount of revenue raised from
the tax rate under section 2(b)(3) of this chapter for the distribution
year as set forth in subsection (f). (g).
(g) If one (1) or more, but not all, nonmunicipal civil taxing units
adopt a resolution under subsection (e) requesting a distribution in a
given year, the county may either distribute the total amount of revenue
raised from the tax rate under section 2(b)(3) of this chapter to only
those nonmunicipal civil taxing units that have provided a resolution
request, or the county may distribute the total amount of revenue raised
from a tax rate under section 2(b)(3) of this chapter to all nonmunicipal
civil taxing units as set forth in this section. If no nonmunicipal civil
taxing units adopt a resolution to request a distribution in a given year,
the county may retain the revenue raised from a tax rate for
nonmunicipal civil taxing units for that year and use the revenue as
general purpose revenue for the county under section 4 of this chapter.
SECTION 41. IC 6-3.6-6-6.1, AS ADDED BY P.L.68-2025,
SECTION 129, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 6.1. (a) Revenue raised from a tax
rate for certain cities and towns under section 2(b)(4) of this chapter
may be distributed by the county to those cities and towns subject to
the provisions of this section.
(b) Subject to subsection (g), the revenue raised from a tax rate
under section 2(b)(4) of this chapter shall be allocated to the cities and
towns based on the population of the city or the population of the town,
whichever is applicable, compared to the population of all the cities or
the population of all the towns, whichever is applicable, that are
eligible for a distribution, subject to subsection (d). For purposes of this
determination, if the boundaries of a city or town are located in more
than one (1) county, only the portion of the population of the city or
town that is located within the county imposing the tax rate under
section 2(b)(4) of this chapter shall be considered.
(c) The money may be used by the city or town fiscal body for any
of the purposes of the city or town, including public safety (as defined
in IC 6-3.6-2-14) and economic development purposes described in
IC 6-3.6-10. The city or town fiscal body may pledge its general
purpose revenue to the payment of bonds or to lease payments as set
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forth in this chapter.
(d) An eligible city or town wishing to receive a share of revenue
under this section in a year must adopt a resolution requesting the
distribution from the county and must provide a certified copy of the
resolution to the adopting body not later than July 1 of the year
immediately preceding the distribution year. Not later than August 1 of
the year immediately preceding the distribution year, the adopting body
shall hold a public hearing on the resolution requesting the distribution
and provide the public with notice of the time and place where the
public hearing will be held. The notice must be given in accordance
with IC 5-3-1 and include a description of the resolution requesting the
distribution from the county.
(e) Subject to subsection (g), if an eligible city or town adopts a
resolution under this subsection subsection (d) and provides the
resolution to the adopting body as set forth in this that subsection, the
county shall distribute to the eligible city or town unit an amount of
revenue raised from the tax rate under section 2(b)(4) of this chapter
for the distribution year as set forth in subsection (f).
(f) Subject to subsection (g), if one (1) or more, but not all, eligible
cities or towns adopt a resolution under subsection (d) requesting a
distribution in a given year, the county may either distribute the total
amount of revenue raised from the tax rate under section 2(b)(4) of this
chapter to only those eligible cities or towns that have provided a
resolution request, or the county may distribute the total amount of
revenue raised from a tax rate under section 2(b)(4) of this chapter to
all eligible cities or towns as set forth in this section. If no eligible city
or town adopts a resolution to request a distribution in a given year, the
county may retain the revenue raised from a tax rate for the eligible city
or town for that year and use the revenue as general purpose revenue
for the county under section 4 of this chapter.
(g) Notwithstanding any provision to the contrary in this section, if
an adopting body that imposes a tax rate of one and two-tenths percent
(1.2%) under section 2(b)(1) of this chapter subsequently adopts an
ordinance to concurrently impose a tax rate under section 2(b)(4) of
this chapter:
(1) seventy-five percent (75%) of the revenue received from the
tax rate imposed under section 2(b)(4) of this chapter shall be
retained by the county and may be used for the purposes
described in section 4 of this chapter; and
(2) twenty-five percent (25%) of the revenue received from the
tax rate imposed under section 2(b)(4) of this chapter shall be
distributed among the eligible cities and towns as set forth in this
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section and may be used for the purposes set forth in this section.
However, the adopting body may, by ordinance, determine to allocate
any percentage of the revenue that would otherwise be retained by the
county under subdivision (1) to instead be allocated among the eligible
cities and towns under subdivision (2).
SECTION 42. IC 6-7-2-7, AS AMENDED BY P.L.205-2025,
SECTION 15, AND AS AMENDED BY P.L.213-2025, SECTION 87,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 7. (a) A tax is imposed on the
distribution of tobacco products in Indiana at the following rates:
(1) Twenty-four percent (24%) Thirty percent (30%) of the
wholesale price of tobacco products other than moist snuff.
(2) For moist snuff, forty cents ($0.40) fifty cents ($0.50) per
ounce, and a proportionate tax at the same rate on all fractional
parts of an ounce. If the tax calculated for a fractional part of an
ounce carried to the third decimal place results in the numeral in
the third decimal place being greater than four (4), the amount of
the tax shall be rounded to the next additional cent.
(3) For cigars, twenty-four percent (24%) thirty percent (30%) of
the wholesale price of a cigar. However the tax imposed per cigar
shall not exceed one dollar ($1). three dollars ($3).
(b) A tax is imposed on the distribution of alternative nicotine
products in Indiana at a rate of forty cents ($0.40) fifty cents ($0.50) per
ounce, and a proportionate tax at the same rate on all fractional parts
of an ounce, calculated based upon the product weight as listed by the
manufacturer. If the tax calculated for a fractional part of an ounce
carried to the third decimal place being greater than four (4), the
amount of the tax shall be rounded to the next additional cent.
(c) The distributor of the tobacco products or alternative nicotine
products is liable for the tax imposed under subsections subsection (a)
or (b). The tax is imposed at the time the distributor:
(1) brings or causes tobacco products or alternative nicotine
products to be brought into Indiana for distribution;
(2) manufactures tobacco products or alternative nicotine
products in Indiana for distribution;
(3) transports tobacco products or alternative nicotine products to
retail dealers in Indiana for resale by those retail dealers; or
(4) first receives the tobacco products or alternative nicotine
products in Indiana in the case of a distributor or to distributor
transactions.
(d) The Indiana general assembly finds that the tax rate on
smokeless tobacco should reflect the relative risk between such
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products and cigarettes.
(e) A consumer who purchases untaxed tobacco products or
alternative nicotine products from a distributor or retailer is liable for
the tax imposed under subsections subsection (a) or (b).
SECTION 43. IC 6-7-2-7.5, AS AMENDED BY P.L.205-2025,
SECTION 16, AND AS AMENDED BY P.L.213-2025, SECTION 88,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 7.5. (a) A tax is imposed on the
distribution of closed system cartridges in Indiana at the rate of fifteen
percent (15%) thirty percent (30%) 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 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 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; or
(4) first receives the closed system cartridges in Indiana in the
case of distributor to distributor transactions.
(c) A consumer who purchases untaxed closed system cartridges
from a distributor or retailer is liable for the tax imposed under
subsection (a).
SECTION 44. IC 6-9-18-3, AS AMENDED BY P.L.230-2025,
SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The fiscal body of a county may levy a tax
on every person engaged in the business of renting or furnishing, for
periods of less than thirty (30) days, any room or rooms, lodgings, or
accommodations in any:
(1) hotel;
(2) motel;
(3) boat motel;
(4) inn;
(5) college or university memorial union;
(6) college or university residence hall or dormitory; or
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(7) tourist cabin;
located in the county.
(b) The tax does not apply to gross income received in a transaction
in which:
(1) a student rents lodgings in a college or university residence
hall while that student participates in a course of study for which
the student receives college credit from a college or university
located in the county; or
(2) a person rents a room, lodging, or accommodations for a
period of thirty (30) days or more.
(c) The tax may not exceed:
(1) the rate of five percent (5%) in a county other than a county
subject to subdivision (2) or (3); or (4);
(2) after June 30, 2019, and except as provided in section 6.7 of
this chapter, the rate of eight percent (8%) in Howard County; or
(3) after June 30, 2021, the rate of nine percent (9%) in Daviess
County.
The tax is imposed on the gross retail income derived from lodging
income only and is in addition to the state gross retail tax imposed
under IC 6-2.5.
(d) The county fiscal body may adopt an ordinance to require that
the tax shall be paid monthly to 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.
(e) All of the provisions of IC 6-2.5 relating to rights, duties,
liabilities, procedures, penalties, definitions, exemptions, and
administration are applicable to the imposition and administration of
the tax imposed under this section except to the extent those provisions
are in conflict or inconsistent with the specific provisions of this
chapter or the requirements of the county treasurer. If the tax is paid to
the department of state revenue, the return to be filed for the payment
of the tax under this section may be either a separate return or may be
combined with the return filed for the payment of the state gross retail
tax as the department of state revenue may, by rule, determine.
(f) If the tax is paid to the department of state revenue, the amounts
received from the tax imposed under this section shall be paid monthly
by the treasurer of state to the county treasurer upon warrants issued by
the state comptroller.
SECTION 45. IC 7.1-2-3-4, AS AMENDED BY P.L.285-2019,
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SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. The commission shall have the power to:
(1) hold hearings before the commission or its representative;
(2) take testimony and receive evidence;
(3) conduct inquiries with or without hearings;
(4) receive reports of investigators or other governmental officers
and employees;
(5) administer oaths;
(6) subpoena witnesses and to compel them to appear and testify;
(7) issue and enforce subpoenas duces tecum;
(8) take or institute proceedings to enforce subpoenas, the rules
and regulations, orders, or requirements of the commission or its
representative;
(9) fix the compensation paid to witnesses appearing before the
commission;
(10) establish and use a seal of the commission;
(11) certify copies of records of the commission or any other
document or record on file with the commission;
(12) fix the form, mode, manner, time, and number of times for
the posting or publication of any required notices if not otherwise
provided in this title;
(13) issue letters of extension as authorized by IC 7.1-3-1-3.1; and
(14) hold permits on deposit as authorized by IC 7.1-3-1-3.5 and
IC 7.1-3-1.1.
SECTION 46. IC 7.1-3-6.2-6, AS AMENDED BY P.L.163-2025,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) An individual:
(1) must be physically present; or
(2) if an auction is conducted online, must participate
electronically;
in order to bid on and purchase an alcoholic beverage at auction. The
successful bidder, including a successful bidder at an online auction,
must be given the alcoholic beverage in person by an individual
designated by the qualified organization.
(b) The individual designated by the qualified organization to give
away an alcoholic beverage purchased at the auction must be at least
twenty-one (21) years of age. The individual may not be required to
obtain an employee's permit under IC 7.1-3-18-9 or a temporary
bartender's permit under IC 7.1-3-18-11 to give away an alcoholic
beverage purchased at the auction.
(c) When giving away an alcoholic beverage purchased at the
auction, the individual designated by the qualified organization shall
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comply with IC 7.1-5-10-15, IC 7.1-5-10-23, and any other provision
of this title that applies to the furnishing of alcoholic beverages for
consumption off the premises.
SECTION 47. IC 7.1-3-10-13, AS AMENDED BY P.L.164-2025,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. (a) A liquor dealer permittee who is a
proprietor of a package liquor store may allow customers to sample the
following:
(1) Beer.
(2) Wines.
(3) Liquors.
(4) Liqueurs and cordials (as defined in 27 CFR 5.22(h)).
(5) Flavored malt beverages.
(6) Hard cider.
(7) Mixed beverage. beverages.
(b) Sampling is permitted:
(1) only on the package liquor store permit premises; and
(2) only during the store's regular business hours.
(c) No charge may be made for the samples provided to the
customers.
(d) Sample size of wines may not exceed one (1) ounce.
(e) In addition to the other provisions of this section, a proprietor
who allows customers to sample liquors, liqueurs, or cordials shall
comply with all of the following:
(1) A proprietor may allow a customer to sample not more than a
combined total of two (2) liquor, liqueur, or cordial samples per
day.
(2) Sample size of liqueurs or cordials may not exceed one-half
(1/2) ounce.
(3) Sample size of liquors may not exceed four-tenths (0.4) ounce.
(f) A sample size of beer, flavored malt beverage, mixed beverage,
or hard cider may not exceed six (6) ounces.
SECTION 48. IC 7.1-3-20-16, AS AMENDED BY P.L.73-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16. (a) A permit that is authorized by this section
may be issued without regard to the quota provisions of IC 7.1-3-22.
(b) The commission may issue a three-way permit to sell alcoholic
beverages for on-premises consumption only to an applicant who is the
proprietor, as owner or lessee, or both, of a restaurant facility in the
passenger terminal complex of a publicly owned airport. A permit
issued under this subsection shall not be transferred to a location off
the airport premises.
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(c) Except as provided in sections 16.3 and 16.4 of this chapter, the
commission may issue a three-way, two-way, or one-way permit to sell
alcoholic beverages for on-premises consumption only to an applicant
who is the proprietor, as owner or lessee, or both, of a restaurant within
a redevelopment project consisting of a building or group of buildings
that:
(1) was formerly used as part of a union railway station;
(2) has been listed in or is within a district that has been listed in
the federal National Register of Historic Places maintained
pursuant to the National Historic Preservation Act of 1966, as
amended; and
(3) has been redeveloped or renovated, with the redevelopment or
renovation being funded in part with grants from the federal,
state, or local government.
A permit issued under this subsection shall not be transferred to a
location outside of the redevelopment project.
(d) Subject to section 16.1 of this chapter and except as provided in
section 16.3 of this chapter, the commission may issue a three-way,
two-way, or one-way permit to sell alcoholic beverages for on-premises
consumption only to an applicant who is the proprietor, as owner or
lessee, or both, of a restaurant:
(1) on land; or
(2) in a historic river vessel;
within a municipal riverfront development project established by a city
or town and funded in part with state and municipal funds. The
ownership of a permit issued under this subsection and the location for
which the permit was issued may not be transferred. The legislative
body of the city or town in which the municipal riverfront development
project is located shall recommend to the commission sites that are
eligible to be permit premises. The commission shall consider, but is
not required to follow, the municipal legislative body's
recommendation in issuing a permit under this subsection. A permit
holder and any lessee or proprietor of the permit premises are subject
to the formal written commitment required under IC 7.1-3-19-17.
Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business operations
cease at the permit premises for more than six (6) months, the permit
shall revert to the commission. The permit holder is not entitled to any
refund or other compensation.
(e) Except as provided in sections 16.3 and 16.4 of this chapter, the
commission may issue a three-way, two-way, or one-way permit to sell
alcoholic beverages for on-premises consumption only to an applicant
who is the proprietor, as owner or lessee, or both, of a restaurant within
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a renovation project consisting of:
(1) a building that:
(A) was formerly used as part of a passenger and freight
railway station; and
(B) was built before 1900; or
(2) a complex of buildings that:
(A) is part of an economic development area established under
IC 36-7-14; and
(B) includes, as part of the renovation project, the use and
repurposing of two (2) or more buildings and structures that
are:
(i) at least seventy-five (75) years old; and
(ii) located at a site at which manufacturing previously
occurred over a period of at least seventy-five (75) years.
The permit authorized by this subsection may be issued without regard
to the proximity provisions of IC 7.1-3-21-11.
(f) Except as provided in section 16.3 of this chapter, the
commission may issue a three-way permit for the sale of alcoholic
beverages for on-premises consumption at a cultural center for the
visual and performing arts to the following:
(1) A town having a population of more than twenty-three
thousand (23,000) and less than twenty-three thousand nine
hundred (23,900) located in a county having a population of more
than four hundred thousand (400,000) and less than seven
hundred thousand (700,000).
(2) A city that has an indoor theater as described in section 26 of
this chapter.
(g) Except as provided in section 16.3 of this chapter, the
commission may issue not more than fifteen (15) new three-way,
two-way, or one-way permits to sell alcoholic beverages for
on-premises consumption to applicants, each of whom must be the
proprietor, as owner or lessee, or both, of a restaurant located within a
district, or not more than one thousand five hundred (1,500) feet from
a district, that meets the following requirements:
(1) The district has been listed in the National Register of Historic
Places maintained under the National Historic Preservation Act
of 1966, as amended.
(2) A county courthouse is located within the district.
(3) A historic opera house listed on the National Register of
Historic Places is located within the district.
(4) A historic jail and sheriff's house listed on the National
Register of Historic Places is located within the district.
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The legislative body of the municipality in which the district is located
shall recommend to the commission sites that are eligible to be permit
premises. The commission shall consider, but is not required to follow,
the municipal legislative body's recommendation in issuing a permit
under this subsection. An applicant is not eligible for a permit if, less
than two (2) years before the date of the application, the applicant sold
a retailer's permit that was subject to IC 7.1-3-22 and that was for
premises located within the district described in this section or within
one thousand five hundred (1,500) feet of the district. The ownership
of a permit issued under this subsection and the location for which the
permit was issued shall not be transferred. A permit holder and any
lessee or proprietor of the permit premises is subject to the formal
written commitment required under IC 7.1-3-19-17. Notwithstanding
IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business operations cease at the
permit premises for more than six (6) months, the permit shall revert
to the commission. The permit holder is not entitled to any refund or
other compensation. The total number of active permits issued under
this subsection may not exceed fifteen (15) at any time. The cost of an
initial permit issued under this subsection is twenty-five thousand
dollars ($25,000).
(h) Except as provided in section 16.3 of this chapter, the
commission may issue a three-way permit for the sale of alcoholic
beverages for on-premises consumption to an applicant who will locate
as the proprietor, as owner or lessee, or both, of a restaurant within an
economic development area under IC 36-7-14 in:
(1) a town having a population of more than twenty thousand
(20,000); or
(2) a city having a population of more than forty-nine thousand
four hundred (49,400) and less than fifty thousand (50,000);
located in a county having a population of more than one hundred
twenty thousand (120,000) and less than one hundred thirty thousand
(130,000). The commission may issue not more than five (5) licenses
under this section to premises within a municipality described in
subdivision (1) and not more than five (5) licenses to premises within
a municipality described in subdivision (2). The commission shall
conduct an auction of the permits under IC 7.1-3-22-9, except that the
auction may be conducted at any time as determined by the
commission. Notwithstanding any other law, the minimum bid for an
initial license under this subsection is thirty-five thousand dollars
($35,000), and the renewal fee for a license under this subsection is one
thousand three hundred fifty dollars ($1,350). Before the district
expires, a permit issued under this subsection may not be transferred.
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After the district expires, a permit issued under this subsection may be
renewed, and the ownership of the permit may be transferred, but the
permit may not be transferred from the permit premises.
(i) After June 30, 2006, and except as provided in section 16.3 of
this chapter, the commission may issue not more than five (5) new
three-way, two-way, or one-way permits to sell alcoholic beverages for
on-premises consumption to applicants, each of whom must be the
proprietor, as owner or lessee, or both, of a restaurant located within a
district, or not more than five hundred (500) feet from a district, that
meets all of the following requirements:
(1) The district is within an economic development area, an area
needing redevelopment, or a redevelopment district as established
under IC 36-7-14.
(2) A unit of the National Park Service is partially located within
the district.
(3) An international deep water seaport is located within the
district.
An applicant is not eligible for a permit under this subsection if, less
than two (2) years before the date of the application, the applicant sold
a retailers' permit that was subject to IC 7.1-3-22 and that was for
premises located within the district described in this subsection or
within five hundred (500) feet of the district. A permit issued under this
subsection may not be transferred. If the commission issues five (5)
new permits under this subsection, and a permit issued under this
subsection is later revoked or is not renewed, the commission may
issue another new permit, as long as the total number of active permits
issued under this subsection does not exceed five (5) at any time. The
commission shall conduct an auction of the permits under
IC 7.1-3-22-9, except that the auction may be conducted at any time as
determined by the commission.
(j) Subject to section 16.2 of this chapter and except as provided in
section 16.3 of this chapter, the commission may issue not more than
six (6) new three-way, two-way, or one-way permits to sell alcoholic
beverages for on-premises consumption only to an applicant who is the
proprietor, as owner or lessee, or both, of a restaurant on land within a
municipal lakefront development project. A permit issued under this
subsection may not be transferred. If the commission issues six (6) new
permits under this subsection, and a permit issued under this subsection
is later revoked or is not renewed, the commission may issue another
new permit, as long as the total number of active permits issued under
this subsection does not exceed six (6) at any time. The commission
shall conduct an auction of the permits under IC 7.1-3-22-9, except that
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the auction may be conducted at any time as determined by the
commission. Notwithstanding any other law, the minimum bid for an
initial permit under this subsection is ten thousand dollars ($10,000).
(k) Except as provided in section 16.3 of this chapter, the
commission may issue not more than nine (9) new three-way permits
to sell alcoholic beverages for on-premises consumption to applicants,
each of whom must be a proprietor, as owner or lessee, or both, of a
restaurant located:
(1) within a motorsports investment district (as defined in
IC 5-1-17.5-11); or
(2) not more than one thousand five hundred (1,500) feet from a
motorsports investment district.
The ownership of a permit issued under this subsection and the location
for which the permit was issued shall not be transferred. If the
commission issues nine (9) new permits under this subsection, and a
permit issued under this subsection is later revoked or is not renewed,
the commission may issue another new permit, as long as the total
number of active permits issued under this subsection does not exceed
nine (9) at any time. A permit holder and any lessee or proprietor of the
permit premises are subject to the formal written commitment required
under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1,
if business operations cease at the permit premises for more than six
(6) months, the permit shall revert to the commission. The permit
holder is not entitled to any refund or other compensation.
(l) Except as provided in section 16.3 of this chapter, the
commission may issue not more than two (2) new three-way permits to
sell alcoholic beverages for on-premises consumption for premises
located within a qualified motorsports facility (as defined in
IC 5-1-17.5-14). The ownership of a permit issued under this
subsection and the location for which the permit was issued shall not
be transferred. If the commission issues two (2) new permits under this
subsection, and a permit issued under this subsection is later revoked
or is not renewed, the commission may issue another new permit, as
long as the total number of active permits issued under this subsection
does not exceed two (2) at any time. A permit holder and any lessee or
proprietor of the permit premises are subject to the formal written
commitment required under IC 7.1-3-19-17. Notwithstanding
IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business operations cease at the
permit premises for more than six (6) months, the permit shall revert
to the commission. The permit holder is not entitled to any refund or
other compensation.
(m) Except as provided in section 16.3 of this chapter, the
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commission may issue not more than three (3) new three-way permits
to sell alcoholic beverages for on-premises consumption in the city of
Auburn. The ownership of a permit issued under this subsection and
the location for which the permit was issued shall not be transferred. If
the commission issues three (3) new permits under this subsection, and
a permit issued under this subsection is later revoked or is not renewed,
the commission may issue another new permit, as long as the total
number of active permits issued under this subsection does not exceed
three (3) at any time. A permit holder and any lessee or proprietor of
the permit premises are subject to the formal written commitment
required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if
business operations cease at the permit premises for more than six (6)
months, the permit shall revert to the commission. The permit holder
is not entitled to any refund or other compensation.
(n) Except as provided in section 16.3 of this chapter, the
commission may issue not more than three (3) new three-way permits
to sell alcoholic beverages for on-premises consumption in the city of
Kendallville. The ownership of a permit issued under this subsection
and the location for which the permit was issued shall not be
transferred. If the commission issues three (3) new permits under this
subsection, and a permit issued under this subsection is later revoked
or is not renewed, the commission may issue another new permit, as
long as the total number of active permits issued under this subsection
does not exceed three (3) at any time. A permit holder and any lessee
or proprietor of the permit premises are subject to the formal written
commitment required under IC 7.1-3-19-17. Notwithstanding
IC 7.1-3-1.1, if business operations cease at the permit premises for
more than six (6) months, the permit shall revert to the commission.
The permit holder is not entitled to any refund or other compensation.
(o) Except as provided in section 16.3 of this chapter, the
commission may issue not more than two (2) new three-way permits to
sell alcoholic beverages for on-premises consumption in the city of
Warsaw. The ownership of a permit issued under this subsection and
the location for which the permit was issued shall not be transferred. If
the commission issues two (2) new permits under this subsection, and
a permit issued under this subsection is later revoked or is not renewed,
the commission may issue another new permit, as long as the total
number of active permits issued under this subsection does not exceed
two (2) at any time. A permit holder and any lessee or proprietor of the
permit premises are subject to the formal written commitment required
under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business
operations cease at the permit premises for more than six (6) months,
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the permit shall revert to the commission. The permit holder is not
entitled to any refund or other compensation.
(p) Except as provided in section 16.3 of this chapter, the
commission may issue not more than one (1) new three-way permit to
sell alcoholic beverages for on-premises consumption in the town of
Winona Lake. The ownership of a permit issued under this subsection
and the location for which the permit was issued shall not be
transferred. If the commission issues one (1) new permit under this
subsection, and a permit issued under this subsection is later revoked
or is not renewed, the commission may issue another new permit, as
long as the total number of active permits issued under this subsection
does not exceed one (1) at any time. A permit holder and any lessee or
proprietor of the permit premises are subject to the formal written
commitment required under IC 7.1-3-19-17. Notwithstanding
IC 7.1-3-1.1, if business operations cease at the permit premises for
more than six (6) months, the permit shall revert to the commission.
The permit holder is not entitled to any refund or other compensation.
(q) Except as provided in section 16.3 of this chapter, the
commission may issue not more than one (1) new three-way permit to
sell alcoholic beverages for on-premises consumption in the town of
Syracuse. The ownership of a permit issued under this subsection and
the location for which the permit was issued shall not be transferred. If
the commission issues one (1) new permit under this subsection, and
a permit issued under this subsection is later revoked or is not renewed,
the commission may issue another new permit, as long as the total
number of active permits issued under this subsection does not exceed
one (1) at any time. A permit holder and any lessee or proprietor of the
permit premises are subject to the formal written commitment required
under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business
operations cease at the permit premises for more than six (6) months,
the permit shall revert to the commission. The permit holder is not
entitled to any refund or other compensation.
SECTION 49. IC 7.1-3-20-16.8, AS AMENDED BY P.L.152-2025,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16.8. (a) A permit that is authorized by this
section may be issued without regard to the quota provisions of
IC 7.1-3-22.
(b) Except as provided in section 16.3 of this chapter, the
commission may issue not more than four (4) new three-way permits
to sell alcoholic beverages for on-premises consumption to applicants
in each of the following municipalities:
(1) Whitestown.
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(2) Lebanon.
(3) Zionsville.
(4) Westfield.
(5) Carmel.
(6) Fishers.
(7) Noblesville.
(c) The following apply to permits issued under subsection (b):
(1) An applicant for a permit under subsection (b) must be a
proprietor, as owner or lessee, or both, of a restaurant located
within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (b)
may not exceed twenty-four (24) permits at any time. If any of the
permits issued under subsection (b) are revoked or not renewed,
the commission may issue only enough new permits to bring the
total number of permits to twenty-four (24) active permits, with
not more than four (4) in each municipality listed in subsection
(b)(1) through (b)(6).
(4) The municipality may adopt an ordinance under
IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business
operations cease at the permit premises for more than six (6)
months, the permit shall revert to the commission and the permit
holder is not entitled to any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit premises is located is no longer
designated an economic development area, an area needing
redevelopment, or a redevelopment district, a permit issued under
this section may be renewed, and the ownership of the permit may
be transferred, but the permit may not be transferred from the
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permit premises.
(d) Except as provided in section 16.3 of this chapter, in addition to
the permits issued to the town of Whitestown under subsection (c), the
commission may issue to the town of Whitestown not more than:
(1) three (3) new three-way permits; and
(2) three (3) new two-way permits;
under this subsection.
(e) The following apply to permits issued under subsection (d):
(1) An applicant for a permit under subsection (d)(1) or (d)(2)
must be a proprietor, an owner or lessee, or both, of a restaurant
located within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (d)
may not exceed the six (6) permits allocated by permit type, as set
forth in that subsection.
(4) The municipality may adopt an ordinance under
IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
the permit premises for more than six (6) months, the permit shall
revert to the commission and the permit holder is not entitled to
any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit issued to a premises under
subsection (d)(1) or (d)(2) is located is no longer designated an
economic development area, an area needing redevelopment, or
a redevelopment district, a permit issued under this section may
be renewed, and the ownership of the permit may be transferred,
but the permit may not be transferred from the permit premises.
(f) Except as provided in section 16.3 of this chapter, in addition to
the permits issued to the city of Noblesville under subsection (c), the
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commission may issue to the city of Noblesville not more than ten (10)
new three-way permits under this subsection. The new three-way
permits may be issued as follows:
(1) Three (3) new three-way permits in 2024.
(2) Three (3) new three-way permits in 2025.
(3) Four (4) new three-way permits in 2026.
If the commission does not issue the amount of three-way permits
allowed in subdivisions (1) through (3) in that year, any unissued
permits will roll over and may be issued in a subsequent year.
(g) The following apply to permits issued under subsection (f):
(1) An applicant for a permit under subsection (f) must be a
proprietor, an owner or lessee, or both, of a restaurant located
within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (f)
may not exceed the ten (10) new three-way permits, as set forth
in that subsection.
(4) The municipality may adopt an ordinance under
IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
the permit premises for more than six (6) months, the permit shall
revert to the commission and the permit holder is not entitled to
any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit issued to a premises under
subsection (f) is located is no longer designated an economic
development area, an area needing redevelopment, or a
redevelopment district, a permit issued under this section may be
renewed, and the ownership of the permit may be transferred, but
the permit may not be transferred from the permit premises.
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(h) Except as provided in section 16.3 of this chapter, the
commission may issue to the city of Delphi not more than two (2) new
three-way permits under this subsection.
(i) The following apply to permits issued under subsection (h):
(1) An applicant for a permit under subsection (h) must be a
proprietor, an owner or lessee, or both, of a restaurant located
within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (h)
may not exceed the two (2) new three-way permits, as set forth in
that subsection.
(4) The municipality may adopt an ordinance under
IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
the permit premises for more than six (6) months, the permit shall
revert to the commission and the permit holder is not entitled to
any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit issued to a premises under
subsection (h) is located is no longer designated an economic
development area, an area needing redevelopment, or a
redevelopment district, a permit issued under this section may be
renewed, and the ownership of the permit may be transferred, but
the permit may not be transferred from the permit premises.
(j) Except as provided in section 16.3 of this chapter, the
commission may issue to the city of Warsaw not more than three (3)
new three-way permits under this subsection.
(k) The following apply to permits issued under subsection (j):
(1) An applicant for a permit under subsection (j) must be a
proprietor, an owner or lessee, or both, of a restaurant located
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within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (j)
may not exceed the three (3) new three-way permits, as set forth
in that subsection.
(4) The municipality may adopt an ordinance under
IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
the permit premises for more than six (6) months, the permit shall
revert to the commission and the permit holder is not entitled to
any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit issued to a premises under
subsection (j) is located is no longer designated an economic
development area, an area needing redevelopment, or a
redevelopment district, a permit issued under this section may be
renewed, and the ownership of the permit may be transferred, but
the permit may not be transferred from the permit premises.
(l) Except as provided in section 16.3 of this chapter, the
commission may issue to the town of Syracuse not more than one (1)
new three-way permit under this subsection.
(m) The following apply to a permit issued under subsection (l):
(1) An applicant for a permit under subsection (l) must be a
proprietor, an owner or lessee, or both, of a restaurant located
within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
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($40,000).
(3) The total number of active permits issued under subsection (l)
may not exceed the one (1) new three-way permit, as set forth in
that subsection.
(4) The municipality may adopt an ordinance under
IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
the permit premises for more than six (6) months, the permit shall
revert to the commission and the permit holder is not entitled to
any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit issued to a premises under
subsection (l) is located is no longer designated an economic
development area, an area needing redevelopment, or a
redevelopment district, a permit issued under this section may be
renewed, and the ownership of the permit may be transferred, but
the permit may not be transferred from the permit premises.
SECTION 50. IC 7.1-3-20-29, AS AMENDED BY P.L.164-2025,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 29. (a) As used in this section, "food hall" means:
(1) for a food hall described in subsection (c) or (d), the premises:
(A) located within a retail shopping and food service district;
and
(B) to which a master permit is issued under this section; or
(2) for a food hall described in subsection (e), the premises to
which a master permit is issued under this section.
(b) As used in this section, "master permit" means a food hall master
permit issued under this section.
(c) Except as provided in subsection (d), the commission may issue
a master permit, which is a three-way retailer's permit for on premises
on-premises consumption, to a food hall located in a retail shopping
and food service district that meets the following requirements:
(1) The district consists of an area that:
(A) has been redeveloped, renovated, or environmentally
remediated in part with grants from the federal, state, or local
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government under IC 36-7-11; and
(B) is entirely located within an incorporated city or town.
(2) The district consists of land and a building or group of
buildings that are part of a common development.
(3) The district is located within a locally designated historic
district under IC 36-7-11 established by a city or town ordinance.
(4) The district contains at least one (1) building that:
(A) is on the list of the National Register for of Historic Places
or qualifies as a historic building worthy of preservation under
IC 36-7-11; and
(B) has been approved for present commercial use by the local
historic preservation commission of the city or town.
(d) Subsection (c)(3) and (c)(4) does not apply to a food hall that
meets one (1) of the following descriptions:
(1) The food hall:
(A) is located within a certified technology park established
under IC 36-7-32; and
(B) operates within a previously vacant building that was, or
within a complex of buildings that were:
(i) placed in service at least twenty-five (25) years prior to
the redevelopment of the building or buildings; and
(ii) owned by a unit of local government or a public
charitable trust prior to redevelopment.
(2) The food hall:
(A) contains not less than ten (10) distinct nonaffiliated food
and beverage vendors; and
(B) is located within a mixed use development or
redevelopment project with a total investment of at least one
hundred million dollars ($100,000,000).
(e) The commission may issue a master permit, which is a three-way
retailer's permit for on premises on-premises consumption, to a food
hall that:
(1) is located within a consolidated city;
(2) is located within five hundred (500) feet of a building that:
(A) is on the list of the National Register for of Historic
Places; or
(B) qualifies as a historic building worthy of preservation
under IC 36-7-11.1; and
(3) contains not less than five (5) distinct nonaffiliated food and
beverage vendors.
(f) The commission may issue a master permit to the owner or
developer of a food hall. The food hall constitutes a single permit
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premises that:
(1) contains not less than:
(A) seven (7), distinct, nonaffiliated retail food and beverage
vendors, if the food hall is described in subsection (c) or (d);
or
(B) five (5), distinct, nonaffiliated retail food and beverage
vendors, if the food hall is described in subsection (e);
each of which may apply for a food hall vendor permit under
section 30 of this chapter; and
(2) has a seating capacity of the type traditionally designed for
food and drink for at least one hundred (100) people.
(g) An applicant for a master permit shall post notice and appear in
front of the local board in which the permit premises is situated. The
local board shall determine the eligibility of the applicant under this
section and hear evidence in support of or against the master permit
location. A master permit may not be transferred to a location outside
the food hall permit premises. A permit that is inactive for more than
six (6) months shall revert back to the commission or may be deposited
with the commission under IC 7.1-3-1.1 with the commission's
permission.
(h) A master permit authorized by this section may be issued
without regard to the proximity provisions of IC 7.1-3-21-11 or the
quota provisions of IC 7.1-3-22.
(i) The commission may not require physical separation between a
bar area and a dining area in a food hall.
SECTION 51. IC 7.1-6-2-2, AS AMENDED BY P.L.49-2020,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The division of mental health and addiction
established under IC 12-21 shall coordinate the conduct of random
unannounced inspections at locations where tobacco products,
e-liquids, or electronic cigarettes are sold or distributed to ensure
compliance with this article. Only the commission, an Indiana law
enforcement agency, the office of the sheriff of a county, or an
organized police department of a municipal corporation may conduct
the random unannounced inspections. These entities may use retired or
off-duty off duty law enforcement officers to conduct inspections
under this section.
SECTION 52. IC 8-1-44-11, AS ADDED BY P.L.137-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. As used in this chapter, "small modular
nuclear reactor", or "SMR", has the meaning set forth in
IC 8-1-8.5-12.1(a). IC 8-1-8.5-12.1(b).
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SECTION 53. IC 8-1-44-14, AS ADDED BY P.L.137-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 14. (a) An eligible utility may:
(1) simultaneously with filing a petition under section 13 of this
chapter for approval to participate in the program; or
(2) at any time after filing a petition under section 13 of this
chapter for approval to participate in the program;
file with the commission a petition for approval to incur, before
obtaining a CPCN for the project to be developed under the program,
eligible project development costs. The eligible utility must file with
the petition the eligible utility's case in chief, which must contain the
information and supporting documentation regarding the factors the
commission must consider under subsection (b).
(b) In reviewing a petition and the supporting case in chief under
this section, the commission shall consider the following:
(1) The timeline set forth by the eligible utility under section
13(a)(7) of this chapter in the eligible utility's petition for
approval to participate in the program.
(2) The amount of eligible project development costs the eligible
utility anticipates incurring.
(c) The commission shall review a petition filed under this section
and issue a final order approving or denying the petition not later than
one hundred eighty (180) days after receiving the petition and complete
case in chief. However, if the commission makes a docket entry
extending the procedural schedule and the eligible utility does not
object to the entered extension, the commission may extend the one
hundred eighty (180) day time frame for issuing a final order under this
subsection for the amount of time set forth in the docket entry. In an
order approving a petition under this section, the commission must
make a finding as to the best estimate and reasonableness of eligible
project development costs based on the evidence of record. If the
commission denies the eligible utility's petition under section 13 of this
chapter for approval to participate in the program, and the eligible
utility seeks to pursue the development of an SMR outside the program,
the eligible utility may:
(1) proceed to develop an SMR under the procedures set forth in
IC 8-1-8.5-12.1; and
(2) request that the eligible utility's petition to incur eligible
project development costs under this section be considered a
petition to incur project development costs under IC 8-1-8.5-12.1,
subject to the eligible utility's right to supplement or revise the
petition submitted under this section as necessary.
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However, an eligible utility or any other public utility (as defined in
IC 8-1-8.5-1) that seeks to incur project development costs under
IC 8-1-8.5-12.1 may recover under IC 8-1-8.5-12.1 only those project
development costs that have not been and will not be recovered by the
eligible utility or the public utility through contributions of any money,
services, or property that have been or will be provided at no cost to the
eligible utility or the public utility by any third party.
(d) If an eligible utility has received approval from the commission
under subsection (c) to incur eligible project development costs, the
eligible utility may, at any time before or during the development and
execution of the project approved under the program, petition the
commission for the approval of a rate schedule that periodically adjusts
the eligible utility's rates and charges to provide for the timely recovery
of eligible project development costs.
(e) If, after reviewing an eligible utility's proposed rate schedule in
a petition filed under subsection (d), the commission determines that
the eligible utility has incurred or will incur eligible project
development costs that are:
(1) reasonable in amount;
(2) necessary to support the development of a project under the
program; and
(3) consistent with the commission's finding as to the best
estimate of eligible project development costs in the commission's
order of approval under subsection (c);
the commission shall approve the recovery of the eligible project
development costs, subject to subsections (f) and (g). However, an
eligible utility may not file adjustments to a rate schedule to adjust for
cost recovery approved under this subsection more than one (1) time
every twelve (12) months.
(f) An eligible utility that recovers eligible project development
costs under subsection (e) shall recover eighty percent (80%) of the
approved eligible project development costs under the rate schedule
approved under subsection (e) and shall defer the remaining twenty
percent (20%) of approved eligible project development costs,
including, to the extent applicable, depreciation, allowance for funds
used during construction, and post in service carrying costs, based on
the overall cost of capital most recently approved by the commission,
and shall recover those eligible project development costs as part of the
next general rate case that the eligible utility files with the commission.
(g) The recovery of an eligible utility's eligible project development
costs through a periodic rate adjustment mechanism approved by the
commission under subsection (e) must occur over a period that is equal
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to:
(1) the period over which the approved eligible project
development costs are incurred; or
(2) three (3) years;
whichever is less.
(h) Eligible project development costs that are found by the
commission to be reasonable, necessary, and consistent with the best
estimate of eligible project development costs in the commission's
order of approval under subsection (c) shall be recovered by an eligible
utility by inclusion in the eligible utility's rates and charges. Eligible
project development costs that are incurred by an eligible utility and
that exceed the best estimate of eligible project development costs
under subsection (b) subsection (c) may not be included in the eligible
utility's rates and charges unless found by the commission to be
reasonable, necessary, and prudent in supporting the development of
the project for which they were incurred. Eligible project development
costs that are incurred by an eligible utility for a project that is canceled
or not completed may be recovered by the eligible utility if found by
the commission to be reasonable, necessary, and prudently incurred,
but such costs shall be recovered without a return unless the
commission also finds that:
(1) the decision to cancel or not complete the project was
prudently made for good cause;
(2) the eligible project development costs incurred will be offset,
as applicable, by:
(A) funding opportunities from the United States Department
of Energy that are pursued in good faith by the eligible utility;
(B) a recoupment of revenues received by the eligible utility
from one (1) or more third parties for the transfer of assets
created through the costs incurred; or
(C) a reimbursement of costs by a single customer or
prospective customer at whose request the project was
pursued; and
(3) a return on the eligible project development costs incurred is
appropriate under the circumstances to avoid harm to the eligible
utility and its customers.
(i) An eligible utility may elect not to seek approval of, or cost
recovery for, eligible project development costs under this section and
instead seek approval from the commission to defer and amortize
eligible project development costs in accordance with the procedures
set forth in IC 8-1-8.5-6.5 with respect to construction costs.
SECTION 54. IC 8-1-45-2, AS ADDED BY P.L.49-2025,
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SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) As used in this chapter, "company" means
any of the following:
(1) A sole proprietorship.
(2) An organization.
(3) An association.
(4) A corporation.
(5) A partnership.
(6) A joint venture.
(7) A limited partnership.
(8) A limited liability partnership.
(9) A limited liability company.
(10) A business association.
(b) The term includes:
(1) a wholly owned subsidiary;
(2) a majority owned subsidiary;
(3) a parent company; or
(4) an affiliate;
of an individual, entity, or association described in subsection (a)(1)
through (a)(10).
SECTION 55. IC 8-2.1-22-27.5, AS ADDED BY P.L.205-2025,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 27.5. (a) A person may not engage in any of the
following activities unless the person has obtained a brokerage license
from the department:
(1) Sell or offer for sale transportation subject to this chapter for
compensation.
(2) Make any contract, agreement, or arrangement to provide,
procure, furnish, or arrange for the transportation of passengers.
or
(3) Profess by advertisement, solicitation, or otherwise as one who
sells, provides, procures, contracts, or arranges for the
transportation of passengers.
In the execution of any contract, agreement, or arrangement to sell,
provide, procure, furnish, or arrange for the transportation of
passengers, a person may not employ any common or contract carrier
who is not the lawful holder of an effective certificate issued as
provided in this chapter.
(b) A person is not required to obtain a brokerage license from the
department if the person holds a certificate under this chapter, or if the
person is an employee or agent of the motor carrier, when that person
furnishes transportation wholly by the carrier or jointly with other
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motor carriers holding like certificates.
(c) To apply for a brokerage license, a person must submit the
following to the department:
(1) A completed application form prescribed by the department.
(2) A certificate of existence from the secretary of state. and
(3) A surety bond.
(d) In determining whether a brokerage license shall be issued, the
department may, among other things, consider the following:
(1) Whether the person has any tax liabilities and has filed all
appropriate tax returns with the department.
(2) Whether the person is up to date on all unified carrier
registration payments.
(3) Whether the person is properly insured.
(e) The department and its special agents and examiners have the
same authority as to accounts, reports, and records, including
inspection and preservation of the accounts, reports, and records of any
person holding a brokerage license issued under this section, that the
department and the department's special agents and examiners have
under this chapter with respect to motor carriers subject to this chapter.
(f) The department shall charge an application fee under section 40
of this chapter.
(g) A person who violates this section commits a Class C infraction.
(h) A person that has been issued a brokerage license must renew
the license with the department on a an annual basis. The department
shall charge an annual renewal fee.
SECTION 56. IC 8-15.5-7-9, AS ADDED BY P.L.227-2025,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. An operator must invoice a user for a user fee
not later than one (1) year after the date the operator user incurs the
toll.
SECTION 57. IC 8-23-1-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 28. "Limited access
facility" means a highway or street designed for through traffic, over,
from, or to which owners or occupiers of abutting land or other persons
have either no right or easement or a limited right or easement of direct
access, light, air, or view because their property abuts upon the limited
access facility or for any other reason. The highways or streets may be
parkways from which trucks, busses, buses, and other commercial
vehicles are excluded or freeways open to use by all customary forms
of highway and street traffic.
SECTION 58. IC 8-23-25-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 4. Money from the high
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speed rail development fund may be disbursed to the Interstate Rail
Passenger Advisory Council under IC 8-3-19-2 (expired).
SECTION 59. IC 9-22-1-8, AS AMENDED BY P.L.227-2025,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) If the properly identified person who owns
or holds a lien on a vehicle appears at the site of storage before disposal
of the vehicle or parts and pays all costs relating to a tow, the storage
of the vehicle, and all allowable fees, as applicable, the vehicle or parts
shall be released.
(b) A towing service or storage yard may not charge an inspection
fee to an owner, a lienholder, or an insurance company representative
to inspect a vehicle or retrieve items from the vehicle.
(c) A towing service or storage yard must accept payment made by
any of the following means from a person seeking to release a vehicle
under this section:
(1) Cash.
(2) Certified check.
(3) Insurance check.
(4) Money order.
A towing service or storage facility yard may elect to accept payment
by means of a credit card or debit card.
(d) Upon receiving payment of all costs relating to a tow, the storage
of a vehicle, and all allowable fees, as applicable, a towing service or
storage yard shall provide to the person making payment an itemized
receipt that includes the information set forth in IC 24-14-5, to the
extent the information is known or available.
(e) A towing service or storage yard must be open for business and
accessible by telephone during regular office hours. A towing service
or storage yard must provide a telephone number that is available on a
twenty-four (24) hour basis to receive calls and messages from callers,
including calls made outside of regular office hours. All calls made to
a towing service or storage yard must be returned within twenty-four
(24) hours from the time received. However, if adverse weather, an act
of God, or an emergency situation over which the towing service or
storage yard has no control prevents the towing service or storage yard
from returning calls within twenty-four (24) hours, the towing service
or storage yard shall return all calls received as quickly as possible.
(f) A towing service or storage yard shall, if required, notify the
appropriate public agency of all releases under this section. The
notification must include:
(1) the name and address of:
(A) the person that owns or holds a lien on the vehicle; and
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(B) the insurance company that insures the vehicle, if the
vehicle was released to a representative of the insurance
company;
(2) the signature of the individual to whom the vehicle was
released;
(3) a description of the vehicle or parts;
(4) costs paid; and
(5) the date of release.
(g) A towing service or storage yard shall release property to a
properly identified person who owns or holds a lien on the vehicle not
later than twenty-four (24) hours after the towing service's or storage
yard's receipt of:
(1) payment of seventy-five percent (75%) of the amount of the
invoice;
(2) proof of a bond obtained by the owner for the remaining
twenty-five percent (25%) of the amount of the invoice, payable
in the event the owner does not comply with a court order under
subsection (j); and
(3) a copy of a complaint filed with the attorney general alleging
a violation of IC 24-14 under IC 24-14-10-1.
(h) The owner shall file a civil complaint in the appropriate
jurisdiction not later than thirty (30) days after providing the items
required to release the vehicle under subsection (g) if the disputed
invoice amount has not been resolved. A towing service or storage yard
may bring a civil complaint in an appropriate jurisdiction at any time
within the same thirty (30) day period asking the court to resolve the
disputed invoice amount.
(i) A civil complaint filed under subsection (h) must include the
amounts in the invoice that are disputed and the reasons those amounts
are disputed. A copy of the invoice and any evidence of reasonableness
or unreasonableness must be filed with the complaint.
(j) After a civil complaint is filed under subsection (h), the court
shall make a determination as to whether the amount charged by the
towing service or storage yard is reasonable. If the court determines
that the amount is reasonable, the court shall order the owner to pay the
amount of the invoice, minus the amount paid under subsection (g)(1).
If the court determines that the amount charged was unreasonable, the
court shall determine a reasonable amount and order the owner to pay
that amount minus the amount paid under subsection (g)(1). If the
reasonable amount determined by the court is less than the amount paid
under subsection (g)(1), the court shall order the towing service or
storage yard to pay the owner the difference in those amounts. The
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court may also require either party to pay or refund any additional
amount and may impose any monetary penalties that the court
determines to be appropriate.
(k) Nothing in this section creates, implies, or otherwise grants
insurance coverage for the amount billed by a towing service or storage
facility yard that is not within the owner's automobile insurance policy
or other policy of insurance.
SECTION 60. IC 10-11-2-26, AS AMENDED BY P.L.88-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 26. (a) The superintendent may assign qualified
persons who are not state police officers to supervise or operate
permanent or portable weigh stations. A person assigned under this
section may stop, inspect, and issue citations to operators of trucks and
trailers having a declared gross weight of at least ten thousand one
(10,001) pounds and buses at a permanent or portable weigh station or
while operating a clearly marked Indiana state police vehicle for
violations of the following:
(1) IC 6-1.1-7-10.
(2) IC 6-6-1.1-1202.
(3) IC 6-6-2.5.
(4) IC 6-6-4.1-12.
(5) IC 8-2.1.
(6) IC 9-18 (before its expiration) or IC 9-18.1.
(7) IC 9-19.
(8) IC 9-20.
(9) IC 9-21-7-2 through IC 9-21-7-11.
(10) IC 9-21-8-41 pertaining to the duty to obey an official traffic
control device for a weigh station.
(11) IC 9-21-8-45 through IC 9-21-8-48.
(12) IC 9-21-8-59.
(13) IC 9-21-9.
(14) IC 9-21-15.
(15) IC 9-24-1-1.
(16) IC 9-24-1-7.
(17) IC 9-24-3-4.5.
(18) IC 9-24-4 (before its expiration).
(19) IC 9-24-5 (before its expiration).
(20) Except as provided in subsection (c), IC 9-24-6.1.
(21) IC 9-24-8.5.
(22) IC 9-24-11-4.
(23) IC 9-24-11-7.
(24) IC 9-24-11-8(a).
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(25) IC 9-24-11-8(b).
(26) IC 9-24-13-3.
(27) IC 9-24-18-1.
(28) IC 9-24-19-1.
(29) IC 9-25-4-3.
(30) IC 9-28-4.
(31) IC 9-28-5.
(32) IC 10-14-8.
(33) IC 13-17-5-1, IC 13-17-5-3, or IC 13-17-5-4.
(34) IC 13-30-2-1.
(b) For the purpose of enforcing this section, a person assigned
under this section may detain a person in the same manner as a law
enforcement officer under IC 34-28-5-3.
(c) A person assigned under this section may not enforce
IC 9-24-6.1-7 and IC 9-24-6.1-8.
SECTION 61. IC 10-11-2-35.4, AS ADDED BY P.L.227-2025,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 35.4. The state police department shall review its
rate sheet for towing service services not less than one (1) time per
calendar year.
SECTION 62. IC 10-16-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) The officer in
permanent or temporary command of a station is responsible for the
security of all public property of the command, whether in use or in
store. Although for purposes of periodical accountability to proper
authorities, the public property has been officially accepted and
receipted for by any subordinate officers, the commanding officer is
responsible and pecuniarily liable for the strict observance of the
regulations in regard to its preservation, use, and issue. The officer
shall take care that:
(1) all storehouses are properly guarded;
(2) only reliable agents are employed; and
(3) only trustworthy enlisted persons are detailed for duty in
storehouses or in connection with the property.
(b) If an officer, a soldier, or an airman responsible for state and
federal property:
(1) resigns;
(2) is promoted;
(3) is dismissed; or
(4) is discharged;
the officer, soldier, or airman shall deliver all arms, accoutrements,
accouterments, or stores only to the officer appointed to receive the
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arms, accoutrements, accouterments, or stores and take duplicate
receipts for the arms, accoutrements, accouterments, or stores and file
a duplicate receipt with the adjutant general. In case of the death of an
officer, a soldier, or an airman responsible for state and federal
property, the next in command shall immediately take charge of the
arms, accoutrements, accouterments, or stores and deliver them to the
person appointed to receive the arms, accoutrements, accouterments,
or stores. However, if the officer, soldier, or airman is commissioned
in place of the deceased, the officer, soldier, or airman shall execute
and file duplicate receipts for the arms, accoutrements, accouterments,
and stores with the adjutant general.
(c) An officer responsible for state and federal property shall be
charged for any damage to or loss or destruction of the property unless
the officer shows to the satisfaction of the adjutant general, by proper
evidence, that the damage, loss, or destruction was caused by
unavoidable causes and without fault or neglect on the officer's part.
(d) If an article of state or federal property is lost or damaged by the
neglect or fault of an officer, a soldier, or an airman, the officer,
soldier, or airman shall pay for the value of the property or the cost of
repairs, in a sum to be determined by the proper authority, upon the
demand of the adjutant general.
(e) The amount charged against an enlisted solider or airman on the
muster and payrolls for loss of or damage or repairs to military property
may not exceed the value of the article or cost of repairs. The charge
may only be made:
(1) on conclusive proof; and
(2) with an inquiry if the soldier or airman demands it.
(f) The adjutant general may pay from the funds appropriated to the
military department for operating expenses the expenses necessary for
the apprehension and prosecution of any person absconding with
property belonging to the state or United States if the person is not in
Indiana.
SECTION 63. IC 10-16-12-1, AS AMENDED BY P.L.155-2025,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. The following awards and decorations are
established to be bestowed upon the officers and enlisted persons of the
armed forces of Indiana under the conditions and in the manner
provided in this article:
(1) An Indiana Distinguished Service Cross shall be awarded to
any officer or enlisted person of the militia, who:
(A) performs, at great personal danger and risk of life or limb
in peace or war, any act of heroism designed to protect life or
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property;
(B) in the face of a military or armed enemy of the United
States government or of the state of Indiana, performs an act
over and beyond the call of duty, which act, danger, or risk the
officer or enlisted person could have failed to perform or incur
without being subject to censure for neglect of duty; or
(C) through an act of courage contributes directly to saving the
a life or the lives of others.
(2) An Indiana Distinguished Service Medal shall be awarded to
a commissioned officer or an enlisted person of the militia and
other officers, enlisted persons, and civilians, who perform
unusually distinguished or meritorious service, that:
(A) to a marked degree is reflected in the increased efficiency
of the militia; or
(B) brings exceptional and great honor or credit to the Indiana
armed forces and commands the attention and respect of the
citizens of Indiana and of the military establishment
throughout the United States.
(3) Long Service Medals shall be awarded to officers and enlisted
persons for honest and faithful service in the federally recognized
Indiana National Guard for: periods of:
(A) periods of ten (10) years;
(B) periods of fifteen (15) years;
(C) periods of twenty (20) years;
(D) periods of twenty-five (25) years; and
(E) for longer periods.
A symbol shall be worn on the ribbon of each medal, one (1) for
each year in addition to the period for which the medal was
issued, until the officer or enlisted person is entitled to a medal
for the next period for which a different long service medal is
issued.
(4) An Indiana National Guard commendation medal shall be
awarded to any commissioned officer or enlisted person of the
militia and other officers, enlisted persons, and civilians, who
have distinguished themselves by meritorious achievement or
meritorious service. The required meritorious achievement or
meritorious service while of lesser degree than that required for
the award of the Indiana distinguished service medal must have
been accomplished with distinction. The award may be made for
acts of outstanding courage that do not meet the requirements for
award of the Indiana distinguished service medal. It is particularly
desirable that emphasis be placed on the award of this decoration
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to outstanding company grade officers, warrant officers, and
enlisted personnel whose achievements and service meet the
prescribed standards.
(5) An Indiana achievement medal shall be awarded to any officer
or enlisted person of the militia and other officers, enlisted
persons, or civilians, who have distinguished themselves by
outstanding achievement or service. The required achievement or
service, while of lesser degree than that required for the award of
the Indiana National Guard commendation medal, must have been
accomplished with distinction.
(6) An Indiana Emergency Service Ribbon shall be awarded to all
currently assigned officers, warrant officers, and enlisted
members of the Indiana National Guard who have served on state
active duty during a state emergency. For purposes of this
subdivision, "state emergency" means any emergency for any
period declared by the governor or the adjutant general. The
Indiana emergency service ribbon shall be awarded to denote
honorable state active military duty by members of the Indiana
Army and Air National Guard during state emergencies.
(7) Other medals for any war or campaign or mobilization for
which a medal has not been awarded by the federal government
may be:
(A) established by executive order of the governor; and
(B) awarded to members of any federally recognized military
force of the state who participated in the military force.
(8) An Air National Guard First Sergeant Ribbon is authorized for
a currently assigned member who serves or has previously served
as a first sergeant in the Indiana Air National Guard, if the
member meets the criteria set forth in clause (A). A request for an
award, including a retroactive award, must be submitted in the
manner set forth in clause (B), and meet any other criteria
established by the adjutant general. The ribbon shall consist of a
plain blue field with a silver diamond device in the center, and no
medal shall accompany the award of the ribbon. The ribbon shall
be awarded as follows:
(A) In recognition of meritorious service by a member of the
Indiana Air National Guard who has served in the first
sergeant career field, Special Duty Identifier 8F000, and who
meets the following criteria:
(i) Has been assigned to a valid first sergeant position for at
least three (3) years.
(ii) Graduated from either the United States Air Force
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Academy or the Army National Guard First Sergeant
Academy.
(B) The individual unit commander of a member of the
Indiana Air National Guard who meets the criteria set forth in
clause (A) shall submit a letter to the wing commander,
recommending the member for the award based upon the
member's contributions, conduct, and demonstrated leadership
as a first sergeant. If the wing commander approves, the wing
commander shall forward the letter of recommendation to the
military personnel flight commanding officer for action. If the
wing commander disapproves, the wing commander shall
return the letter of recommendation to the unit commander.
(C) The adjutant general shall establish procedures for the
award presentation ceremony following accepted practice and
military tradition.
(9) An Indiana Funeral Honors Ribbon shall be awarded to all
members of the Indiana Air National Guard, the Indiana Army
National Guard, retired members of the Indiana Air National
Guard and Indiana Army National Guard, and members of
veterans' organizations who have been trained and certified by the
United States Department of Defense as Department of Defense
Funeral Honors participants. The Indiana Funeral Honors Ribbon
shall be awarded to denote honorable and distinguished service in
the performance of military funerals and similar activities within
Indiana.
(10) An Indiana Outstanding Airman or Soldier of the Year
Medal shall be awarded to the finest members of the Indiana
National Guard on an annual basis. This medal is authorized in
the quantities and qualifications set forth by the adjutant general,
who shall establish and publish procedures for award
presentation.
(11) An Indiana Exemplary Fitness Medal shall be awarded to
members and employees of the Indiana National Guard who
distinguish themselves for outstanding physical fitness. This
medal is authorized in the quantities and qualifications set forth
by the adjutant general, who shall establish and publish
procedures for award presentation.
For the purposes of this article, officers and enlisted persons of the
regular army assigned to the armed forces of Indiana as instructors and
assistant instructors shall be considered as officers and enlisted persons
of the Indiana armed forces.
SECTION 64. IC 10-17-12-12, AS ADDED BY P.L.58-2006,
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SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. The director shall establish the capability to
receive donations to the fund from the public on the department's
Internet site. website.
SECTION 65. IC 10-17-13.5-4, AS AMENDED BY P.L.238-2025,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) The department may make grants to
qualified entities to be used for the purpose of providing services to
veterans or an eligible person, including the following:
(1) Programs focused on eliminating homelessness, preventing
near term homelessness, and providing safe and secure living
conditions.
(2) Assisting veterans or an eligible person in moving from public
housing assistance programs to:
(A) home ownership; or
(B) stable, long term rental status.
A grant under this chapter for the purpose specified in clause (B)
may include up to nine (9) months of rental assistance.
(3) Assisting veterans or an eligible person in finding and using
available federal and state resources.
(4) Providing therapeutic services.
(5) Providing job training and job search assistance.
(6) Preventing veteran suicide or suicide of an eligible person.
(b) The department may make grants to the provider chosen by the
Indiana department of health under section 6 of this chapter (before its
expiration) to be used for the purpose of providing assistance to the
provider to provide diagnostic testing and hyperbaric oxygen treatment
to veterans receiving treatment under the pilot program established
under section 6 of this chapter (before its expiration). However, a
grant under this chapter may not be awarded for the purposes specified
in this subsection unless the Indiana department of health has adopted
the rules required by section 6(g) of this chapter (before its
expiration). In addition, a grant may not be awarded for the purposes
specified in this subsection after the expiration of the pilot program
established under section 6 of this chapter (expired June 30, 2025).
SECTION 66. IC 10-17-13.5-7, AS ADDED BY P.L.155-2018,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. A provider under section 6 of this chapter
(expired June 30, 2025), including a physician who supervises
treatment, is immune from civil and criminal liability for an act or
omission relating to the use of hyperbaric oxygen treatment to treat a
veteran under the pilot program, unless the act or omission constitutes
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gross negligence or willful or wanton misconduct.
SECTION 67. IC 10-21-1-2, AS AMENDED BY P.L.213-2025,
SECTION 108, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. (a) The Indiana secured school
fund is established to provide:
(1) matching grants to school corporations, charter schools, and
accredited nonpublic schools, where the matching grants may be
used to:
(A) employ a school resource officer, employ a law
enforcement officer, or enter into a contract or a memorandum
of understanding with a:
(i) local law enforcement agency;
(ii) private entity; or
(iii) nonprofit corporation;
to employ a school resource officer or a law enforcement
officer;
(B) conduct:
(i) a site vulnerability assessment of the buildings within a
school corporation or the buildings that are operated by a
charter school or accredited nonpublic school; or
(ii) critical incident digital mapping of the buildings within
a school corporation or the buildings that are operated by a
charter school or accredited nonpublic school;
(C) purchase equipment, hardware, materials, and technology
to:
(i) restrict access to school property and classrooms;
(ii) assist with visitor management on school property;
(iii) expedite notification of first responders;
(iv) expedite access to school property for first responders;
(v) provide school staff with information about the open or
closed status of interior and exterior doors;
(vi) detect fire, chemical, visual, or audible threats;
(vii) enhance emergency communications inside the
building; or
(viii) assist with emergency medical response on school
property;
(D) implement a student and parent support services plan as
described in IC 20-34-9;
(E) purchase or provide training for a canine trained to detect
drugs and illegal substances, explosives, or firearms, or to
otherwise provide protection for students and school
employees and the canine shall:
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(i) be primarily assigned to a school corporation, charter
school, or accredited nonpublic school;
(ii) be primarily assigned to a school resource officer or law
enforcement officer described in clause (A) who has
received appropriate training for handling a canine trained
to detect drugs and illegal substances, explosives, or
firearms, or to otherwise provide protection for students and
school employees, including training regarding handling a
canine in a school setting; and
(iii) receive continuous training as appropriate;
(F) provide funding for school employees to receive training,
including expenses for per diem, travel, and lodging, related
to:
(i) site vulnerability assessments;
(ii) mental health or behavioral health threat assessments;
(iii) multi-disciplinary threat assessment teams; or
(iv) emergency preparedness or response activities;
(G) provide funding for school resource officers or law
enforcement officers described in clause (A) to receive
training, including expenses for per diem, travel, and lodging,
related to handling a canine trained to detect drugs and illegal
substances, explosives, or firearms, or to otherwise provide
protection for students and school employees;
(H) purchase student safety management technology;
(I) design and construct additions or renovations on school
property if the primary purpose of the construction project is
to enhance the physical security of the school building; or
(J) implement a bullying prevention program; or and
(K) develop, implement, and carry out a Stop the Bleed
program required by IC 20-34-3-24, including for the purchase
of bleeding control kits; and
(2) one (1) time grants to enable school corporations, charter
schools, and accredited nonpublic schools with the sheriff for the
county in which the school corporation, charter school, or
accredited nonpublic school is located, to provide the initial set up
costs for an active event warning system.
(b) A school corporation or charter school may use money received
under a matching grant for a purpose listed in subsection (a) to provide
a response to a threat in a manner that the school corporation or charter
school sees fit, including firearms training or other self-defense
training.
(c) The fund shall be administered by the department of homeland
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security.
(d) The fund consists of:
(1) appropriations from the general assembly;
(2) federal grants;
(3) amounts deposited from any other public or private source;
and
(4) amounts deposited under IC 33-37-9-4.
(e) The expenses of administering the fund shall be paid from
money in the fund.
(f) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(g) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SECTION 68. IC 10-21-1-14, AS AMENDED BY P.L.214-2025,
SECTION 6, AND AS AMENDED BY P.L.238-2025, SECTION 44,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 14. (a) Each school operated by a
school corporation shall establish a safe school committee. The
committee may be a subcommittee of the committee that develops the
strategic and continuous school improvement and achievement plan
under IC 20-31-5. Each committee may include at least one (1)
member who is a member of the support staff of the school or school
corporation career and technical education school.
(b) Each school operated by a charter school shall establish a safe
school committee. A charter school in operation on July 1, 2023, shall
comply with this subsection not later than July 1, 2024.
(c) The safe school committee shall actively participate in and assist
with the development of the school safety plan.
(d) The department of education, office of school safety (as
established by IC 10-19-3.5-4), the school corporation's or charter
school's school safety specialist or specialists, and a school resource
officer, if one (1) is employed by the school corporation or charter
school, shall provide materials and guidelines to assist a safe school
committee in developing a policy for a particular school that addresses
the following issues:
(1) Implementation of the school safety plan.
(2) Addressing outside and internal threats to the physical safety
of students, faculty, staff, and the public, including unsafe
conditions, crime prevention, school violence, bullying and
cyberbullying, criminal organization activity, child abuse and
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child sexual abuse, mental health and behavioral health, suicide
awareness and prevention, violence prevention and training,
situational awareness, and other issues that prevent the
maintenance of a safe school.
(3) Addressing the professional development needs for faculty
and staff to implement methods that decrease problems identified
under subdivision (2).
(4) Identifying and implementing methods to encourage:
(A) involvement by the community, families, and students;
(B) development of relationships between students and school
faculty and staff; and
(C) use of problem solving teams.
(5) Consideration of the effect of armed intruder drills on the
safety and mental health of students, faculty, and staff.
(e) The guidelines developed under subsection (d) must include age
appropriate, trauma informed, evidence based information (as defined
in 34 U.S.C. 10554(4)) that assists school corporations or charter
schools and safe school committees in:
(1) developing and implementing bullying and cyberbullying
prevention programs;
(2) establishing investigation and reporting procedures related to
bullying and cyberbullying; and
(3) adopting discipline rules that comply with IC 20-33-8-13.5.
(f) In addition to developing guidelines under subsection (d), the
office of school safety, in consultation with the department of
education, shall establish categories of types of bullying incidents to
allow school corporations to use the categories in making reports under
IC 20-20-8-8 and IC 20-34-6-1.
(g) The materials and guidelines provided under subsection (d) must
include the model educational materials and model response policies
and reporting procedures on child abuse and child sexual abuse
developed or identified under IC 20-19-3-11.
SECTION 69. IC 11-8-8-7, AS AMENDED BY P.L.1-2025,
SECTION 155, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: 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.
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(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) for a period 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
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
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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
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
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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;
(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 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 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 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 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
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(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
website username, employment, vocation, or enrollment in Indiana, the
local law enforcement authority shall provide the department with the
information provided by the sex or violent offender during registration.
SECTION 70. IC 11-12-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. If supervision of a
person placed in a community corrections program is being
administered under IC 11-12-8 (expired July 1, 2025), the appropriate
judicial or administrative authorities in Indiana shall notify the compact
administrator of the sending state if consideration should be given to
retaking or reincarcerating the person because of a violation of a term
of the person's community corrections sentence.
SECTION 71. IC 11-12-9-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 8. (a) If a person being
supervised in another state under the interstate compact set forth in
IC 11-12-8 (expired July 1, 2025) is alleged to have violated a term of
the person's community corrections sentence, any appropriate judicial
or administrative officer or agency in the other state may conduct a
hearing concerning the alleged violation.
(b) Upon receipt of the record of a hearing held in another state
under a statute substantially similar to IC 11-12-8 (expired July 1,
2025) and this chapter, the record has the same standing and effect as
though the proceeding of which it is a record had been conducted
before the appropriate officer in Indiana. The recommendations
contained in or accompanying the record shall be fully considered by
the appropriate officer in making a decision concerning the alleged
violation.
SECTION 72. IC 12-7-2-69, AS AMENDED BY P.L.11-2023,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 69. (a) "Division", except as provided in
subsections (b), (c), and (d), refers to any of the following:
(1) The division of disability and rehabilitative services
established by IC 12-9-1-1.
(2) The division of aging established by IC 12-9.1-1-1.
(3) The division of family resources established by IC 12-13-1-1.
(4) The division of mental health and addiction established by
IC 12-21-1-1.
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(b) The term refers to the following:
(1) For purposes of the following statutes, the division of
disability and rehabilitative services established by IC 12-9-1-1:
(A) IC 12-9.
(B) IC 12-11.
(C) IC 12-12.
(D) IC 12-12.7.
(E) IC 12-28-5.
(2) For purposes of the following statutes, the division of aging
established by IC 12-9.1-1-1:
(A) IC 12-9.1.
(B) IC 12-10.
(C) IC 12-10.5.
(3) For purposes of the following statutes, the division of family
resources established by IC 12-13-1-1:
(A) IC 12-8-12.
(B) IC 12-13.
(C) IC 12-14.
(D) IC 12-15.
(E) IC 12-16.
(F) IC 12-17.
(F) (G) IC 12-17.2.
(G) (H) IC 12-18.
(H) (I) IC 12-19.
(I) (J) IC 12-20.
(4) For purposes of the following statutes, the division of mental
health and addiction established by IC 12-21-1-1:
(A) IC 12-21.
(B) IC 12-22.
(C) IC 12-23.
(D) IC 12-25.
(c) With respect to a particular state institution, the term refers to
the division whose director has administrative control of and
responsibility for the state institution.
(d) For purposes of IC 12-24, IC 12-26, and IC 12-27, the term
refers to the division whose director has administrative control of and
responsibility for the appropriate state institution.
SECTION 73. IC 12-8-1.6-10, AS ADDED BY P.L.174-2025,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) This section applies to a home and
community based services waiver that included assisted living services
as an available service before July 1, 2025.
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(b) As used in this section, "office" includes the following:
(1) The office of the secretary of family and social services.
(2) A managed care organization that has contracted with the
office of Medicaid policy and planning under IC 12-15.
(3) A person that has contracted with a managed care organization
described in subdivision (2).
(c) Under a home and community based services waiver that
provides services to an individual who is aged or disabled, the office
shall reimburse for the following services provided to the individual by
a provider of assisted living services, if included in the individual's
home and community based service services plan:
(1) Assisted living services.
(2) Integrated health care coordination.
(3) Transportation.
(d) If the office approves an increase in the level of services for a
recipient of assisted living services, the office shall reimburse the
provider of assisted living services for the level of services for the
increase as of the date that the provider has documentation of providing
the increase in the level of services.
(e) The office may reimburse for any home and community based
services provided to a Medicaid recipient beginning on the date of the
individual's Medicaid application.
(f) The office may not do any of the following concerning assisted
living services provided in a home and community based services
program:
(1) Require the installation of a sink in the kitchenette within any
living unit of an entity that participated in the Medicaid home and
community based services program before July 1, 2018.
(2) Require all living units within a setting that provides assisted
living services to comply with physical plant requirements that
are applicable to individual units occupied by a Medicaid
recipient.
(3) Require a provider to offer only private rooms.
(4) Require a housing with services establishment provider to
provide housing when:
(A) the provider is unable to meet the health needs of a
resident without:
(i) undue financial or administrative burden; or
(ii) fundamentally altering the nature of the provider's
operations; and
(B) the resident is unable to arrange for services to meet the
resident's health needs.
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(5) Require a housing with services establishment provider to
separate an agreement for housing from an agreement for
services.
(6) Prohibit a housing with services establishment provider from
offering studio apartments with only a single sink in the unit.
(7) Preclude the use of a shared bathroom between adjoining or
shared units if the participants consent to the use of a shared
bathroom.
(8) Reduce the scope of services that may be provided by a
provider of assisted living services under the aged and disabled
Medicaid waiver in effect on July 1, 2021.
(g) The office of the secretary may adopt rules under IC 4-22-2 that
establish the right, and an appeals process, for a resident to appeal a
provider's determination that the provider is unable to meet the health
needs of the resident as described in subsection (f)(4). The process:
(1) must require an objective third party to review the provider's
determination in a timely manner; and
(2) may not be required if the provider is licensed by the Indiana
department of health and the licensure requirements include an
appellate procedure for such a determination.
SECTION 74. IC 12-10-3-13, AS AMENDED BY P.L.47-2025,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. (a) The division shall maintain the following:
(1) Records on individuals that the division and adult protective
services units have determined to be endangered adults and the
protective services needed.
(2) Records of agencies, persons, or institutions who are
determined to have permitted neglect, battery, or exploitation of
endangered adults.
(3) Records of intake reports and cases received, for at least five
(5) years.
The information maintained under this section must be available to law
enforcement officials, state licensing agencies, and other officials and
employees of municipal, county, and state government having a
legitimate interest in the welfare of individuals who may be endangered
adults or who have a legitimate interest in the operation of agencies or
institutions providing care to individuals served under this chapter.
SECTION 75. IC 12-11-6-1, AS AMENDED BY P.L.262-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. The division is responsible for the following:
(1) Planning, research, and the development of developmental
services directed toward the prevention and alleviation of
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developmental disabilities or toward the social, personal,
physical, or economic habilitation or rehabilitation of an
individual with such a disability.
(2) The coordination of the various governmental services,
activities, and programs in Indiana relating to individuals with a
developmental disability.
(3) Administering the state aided services for individuals with a
developmental disability.
(4) Before July 1, 2020, in coordination with the task force
established by IC 12-11-15.5-2 (before its expiration),
developing a plan to establish a statewide crisis assistance
program not later than July 1, 2021, for individuals with
developmental disabilities.
SECTION 76. IC 12-11-16-7, AS ADDED BY P.L.174-2025,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) Subject to subsections (b) and (c), the
division may charge each authorized service provider that employs a
direct service support professional an annual fee.
(b) The division shall do the following:
(1) Develop a fee structure that accounts for variances in an
authorized service provider's direct support professional
workforce.
(2) Determine the amount of a fee described in subsection (a)
using the fee structure developed by the division under
subdivision (1).
(c) The division may not charge an authorized service provider
described in subsection (a) a total amount for annual fees that exceeds
two thousand dollars ($2,000).
(d) Fees collected under this section shall be deposited in the direct
support professional training program fund established by section 8 of
this chapter.
(e) The division may adopt rules under IC 4-22-2 necessary to
implement this section.
SECTION 77. IC 12-12-1-5, AS AMENDED BY P.L.262-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) The bureau shall provide job placement
services, including supported employment (as defined in 34 CFR
363.6), on a consistent statewide basis for qualified blind, visually
impaired, and other persons with disabilities.
(b) The bureau shall increase employment opportunities for persons
with disabilities by encouraging and authorizing direct job placements
into any job that is chosen by the vocational rehabilitation client,
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including a job provided by any organization that has a contract with
the bureau to provide vocational rehabilitation services.
(c) Before December 31, 2019, the division shall determine the
following concerning the division's program that provides vocational
rehabilitation services to eligible individuals:
(1) The cost of vocational rehabilitation services provided in state
fiscal year 2018 and state fiscal year 2019.
(2) An estimate of the number of eligible individuals for
rehabilitation services for whom the division can provide the
services and the number of eligible individuals to be deferred
between state fiscal year 2020 and state fiscal year 2025.
(3) The projected staffing and fiscal resources needed to provide
services to eligible individuals.
(4) The current service provider capacity.
(5) The projected service provider capacity needed to serve
additional priority categories of individuals.
(6) The adequacy of current reimbursement rates.
(d) Before July 31 of each year, the division shall assess the
following concerning the vocational rehabilitation services program:
(1) Available staffing and fiscal resources.
(2) The achievement of benchmarks in a plan to provide the full
range of needed services to all eligible individuals.
(3) Meeting the requirements set forth in 34 CFR 361.36 to
provide services to all eligible individuals.
(e) The division shall report to the commission on rehabilitation
services under IC 12-12-2 and the task force established under
IC 12-11-15.5 concerning the division's assessment under subsection
(d).
(f) The division shall, upon determining that the staffing and
financial resources determined under this section are in place, do the
following:
(1) Begin to serve deferred individuals in the first closed priority
category not later than January 1, 2020.
(2) Begin to serve deferred individuals in the final closed priority
category not later than June 30, 2022.
(3) Begin to serve all service priority categories not later than
June 30, 2024.
SECTION 78. IC 12-14-7-2, AS AMENDED BY P.L.80-2010,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) If:
(1) the parents of a dependent child are (1) separated or divorced;
and
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(2) there is no court order for the support of the child;
the other parent shall cooperate, within federal regulations, with the
state agency responsible for administering Title IV-D of the federal
Social Security Act in obtaining a support order.
(b) If a child is residing with a nonparent guardian or custodian, the
nonparent guardian or custodian shall make a good faith effort to
cooperate with the division and any agency responsible for
administering Title IV-D of the federal Social Security Act in obtaining
and enforcing a child support order.
(c) The nonparent custodian or guardian is presumed to make a
good faith effort under subsection (b) if the nonparent custodian or
guardian does one (1) or more of the following:
(1) Responds to telephone calls from a prosecuting attorney or
correspondence from a prosecuting attorney.
(2) Appears for an appointment, in person or by telephone, with
a prosecuting attorney.
(3) Appears at a court hearing when requested by a prosecuting
attorney.
(4) Does one (1) or more of the following:
(A) Provides information described in IC 12-7-2-43.5(b), to
the extent the information is known.
(B) Affirms that the information described in
IC 12-7-2-43.5(b) is not known.
(d) Before making a determination that the nonparent custodian or
guardian is not making a good faith effort to cooperate, the prosecuting
attorney shall consider one (1) or more of the following:
(1) Whether the nonparent custodian or guardian could
reasonably be expected to provide the information.
(2) The age of the child for whom child support is being sought.
(3) The circumstances surrounding the conception of the child.
(4) The age and mental capacity of the nonparent custodian or
guardian.
(5) The time that has expired since the nonparent custodian or
guardian has last had contact with:
(A) the alleged father of the child;
(B) a parent of the child; or
(C) a relative of the persons listed in clause (A) or (B).
(6) Any credible information that demonstrates an inability to
provide correct information about an alleged father or a parent of
the child because of deception by the alleged father or parent.
(7) Any other credible information obtained by the prosecutor that
demonstrates the nonparent custodian or guardian has knowledge
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of the information sought by the prosecuting attorney.
SECTION 79. IC 12-14-31-5, AS ADDED BY P.L.57-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. The office of the secretary shall allocate two
hundred (200) CCDF program vouchers to be used for a child placed
with a licensed foster parent. However, if any child care CCDF
program vouchers remain unused after a period of ninety (90) days,
the office of the secretary may allocate those child care vouchers to
other applicants.
SECTION 80. IC 12-15-1-14.5, AS ADDED BY P.L.243-2025,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 14.5. (a) The office of the secretary shall prepare
a report on the provision of Medicaid services, including Medicaid
home and community based waiver services, to recipients who have
medically complex conditions. The report must include the following,
categorized by whether the recipient was less than, or at least, eighteen
(18) years of age:
(1) The number of recipients, by county, who received Medicaid
services through:
(A) the state plan;
(B) a Medicaid waiver; or
(C) services under both clause clauses (A) and (B).
(2) A list of the specific services provided to the recipients, by
county, and the number of recipients who received each service.
(3) The median length of time recipients have received Medicaid,
by county, through the following:
(A) The state plan.
(B) A Medicaid waiver.
(C) Services under both clause clauses (A) and (B).
(b) Not later than September 1, 2025, and each September 1
thereafter, the office of the secretary shall submit the report described
in subsection (a) to the following:
(1) The Medicaid advisory commission, established by
IC 12-15-33-2.
(2) The Medicaid oversight committee, in an electronic format
under IC 5-14-6.
(3) The budget committee.
(4) The legislative council, in an electronic format under
IC 5-14-6.
(5) The division of disability and rehabilitative services advisory
council established under IC 12-9-4.
(c) The division of disability and rehabilitative services advisory
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council established under IC 12-9-4 shall provide the following
recommendations to the division of disability and rehabilitative
services to ensure the delivery of appropriate high quality services to
recipients, including an evaluation of models of care for complex care
assistants used in other states:
(1) The potential benefits and risks to recipients and family
caregivers.
(2) Training and certification requirements.
(3) Implementation challenges and strategies to address the
challenges.
(4) Any potential fiscal impact of implementing a complex care
assistant program in Indiana.
SECTION 81. IC 12-15-1-18.5, AS AMENDED BY P.L.216-2025,
SECTION 2, AND AS AMENDED BY P.L.239-2025, SECTION 1, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 18.5. (a) The payer affordability
penalty fund is established for the purpose of receiving fines collected
under IC 16-21-6-3, IC 27-1-4.5-7, and IC 16-21-6-13, IC 16-21-19,
IC 27-1-46.5, and IC 27-2-25.5 to be used for:
(1) the state's share of the Medicaid program; and
(2) a study of hospitals that are impacted by changes made in the
disproportionate share hospital methodology payments set forth
in Section 203 of the federal Consolidated Appropriations Act of
2021.
The office of the secretary shall perform the study and provide the
results of the study described in subdivision (2) to the budget
committee.
(b) The fund shall be administered by the office of the secretary.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(f) Money in the fund is continually appropriated.
SECTION 82. IC 12-15-1-20.4, AS AMENDED BY P.L.26-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 20.4. (a) If a Medicaid recipient is:
(1) adjudicated to be a delinquent child and placed in:
(A) a community based correctional facility for children;
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(B) a juvenile detention facility; or
(C) a secure facility, not including a facility licensed as a child
caring institution under IC 31-27; or
(2) incarcerated in a prison or jail; and
and ineligible to participate in the Medicaid program during the
placement described in subdivision (1) or (2) because of federal
Medicaid law, the division of family resources, upon notice that a child
has been adjudicated to be a delinquent child and placed in a facility
described in subdivision (1) or upon notice that a person is incarcerated
in a prison or jail and placed in a facility described in subdivision (2),
shall suspend the person's participation in the Medicaid program.
(b) If the division of family resources receives:
(1) a dispositional decree under IC 31-37-19-28; or
(2) a modified disposition order under IC 31-37-22-9;
regarding a person described in subsection (a)(2) and the department
of correction gives the division of family resources at least forty (40)
days notice that the person will be released from a facility described in
subsection (a)(2), the division of family resources shall take action
necessary to ensure that the person is eligible to participate in the
Medicaid program upon the person's release, if the person is eligible to
participate.
(c) A facility described in subsection (a)(1) shall, not less than
forty-five (45) days before the release date of a person placed in the
facility as described in subsection (a)(1), provide notice of the person's
release date to the division of family resources. The division of family
resources shall take action necessary to ensure that the person is
eligible to:
(1) participate in the Medicaid program upon the person's release,
if the person is eligible to participate; and
(2) receive services mandated under 42 U.S.C. 1396a for thirty
(30) days before the person's release date and for thirty (30) days
after the person's release date.
SECTION 83. IC 12-15-1-24, AS ADDED BY P.L.126-2025,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 24. (a) Except as required under federal law, the
office of the secretary may not accept self-attestation of any of the
following in the administration of the Medicaid program without
verification before enrollment:
(1) Income.
(2) Residency.
(3) Age.
(4) Household composition.
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(5) Caretaker or relative status.
(6) Receipt of other coverage.
(b) The office of the secretary shall enter into a data matching
agreement with:
(1) the state lottery commission; and
(2) the Indiana gaming commission;
to, on at least a monthly basis, identify individuals receiving Medicaid
assistance with lottery and gambling winnings of at least three
thousand dollars ($3,000). Upon verification of any winnings resulting
in the individual no longer being eligible for Medicaid, the office of the
secretary shall terminate the individual's enrollment.
(c) On at least a monthly basis, the office of the secretary shall
review vital statistics information provided by the Indiana department
of health under IC 16-19-3-19 to determine removal of deceased
individuals from Medicaid enrollment.
(d) On at least a quarterly basis, the office of the secretary shall
receive and review information from the department of state revenue
and the department of workforce development concerning Medicaid
recipients that indicates a change in circumstances that may affect
eligibility, including changes to employment or wages.
(e) On at least an annual basis, the office of the secretary shall
receive and review information from the department of state revenue
concerning Medicaid recipients, including:
(1) adjusted gross income; and
(2) family composition;
that indicates a change in circumstances that may affect Medicaid
eligibility.
(f) On at least a monthly basis, the office of the secretary shall
review information concerning Medicaid recipients who also receive
SNAP benefits to determine whether there has been any change in
circumstances that may affect Medicaid eligibility, including a change
in residency as may be identified through electronic benefit transfer
program transactions.
(g) On at least a monthly basis, the office of the secretary shall
receive and review information from the department of correction
concerning Medicaid recipients that may indicate a change in
circumstances that may affect Medicaid eligibility.
(h) Upon receiving information concerning a Medicaid recipient
that indicates a change in circumstances that may affect Medicaid
eligibility, the office of the secretary shall promptly conduct an
eligibility redetermination for the recipient.
SECTION 84. IC 12-15-1.3-15, AS AMENDED BY P.L.131-2024,
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SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 15. (a) As used in this section, "division" refers to
the division of disability and rehabilitative services established by
IC 12-9-1-1.
(b) As used in this section, "waiver" refers to any waiver
administered by the office and the division under section 1915(c) of the
federal Social Security Act.
(c) The office shall apply to the United States Department of Health
and Human Services for approval to amend a waiver to set an
emergency placement priority for individuals in the following
situations:
(1) Death of a primary caregiver.
(2) The primary caregiver is at least eighty (80) years of age.
(3) There is evidence of abuse or neglect in the current
institutional or home placement.
(4) There is evidence of other health and safety risks, as
determined by the division director, where other available
services through:
(A) the Medicaid program and other federal, state, and local
public programs; and
(B) supports that families and communities provide;
are insufficient to address the other health and safety risks, as
determined by the division director.
(d) The division shall report on a quarterly basis the following
information to the division of disability and rehabilitative services
advisory council established by IC 12-9-4-2 concerning each Medicaid
waiver for which the office has been approved under this section to
administer an emergency placement priority for individuals described
in this section:
(1) The number of applications for emergency placement priority
waivers.
(2) The number of individuals served on the waiver.
(3) The number of individuals on a wait list for the waiver.
(e) Before July 1, 2021, the division, in coordination with the task
force established by IC 12-11-15.5-2 (before its expiration), shall
establish new priority categories for individuals served by a waiver.
(f) The office may adopt rules under IC 4-22-2 necessary to
implement this section.
SECTION 85. IC 12-15-30.5-7, AS ADDED BY P.L.116-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) The nonemergency medical transportation
commission is established for the purpose of overseeing the provision
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of nonemergency medical transportation services to ensure that
Medicaid fee-for-service recipients are receiving satisfactory service
and to ensure that brokers pay the claims of transportation providers in
a timely manner.
(b) The commission consists of the following members:
(1) Two (2) members of the senate, who may not be members of
the same political party, appointed by the president pro tempore
of the senate with the advice of the minority leader of the senate.
(2) Two (2) members of the house of representatives, who may
not be members of the same political party, appointed by the
speaker of the house of representatives with the advice of the
minority leader of the house of representatives.
(3) One (1) representative of the office of the secretary.
(4) One (1) individual representing a broker.
(5) One (1) individual representing a transportation provider that
has contracted with a broker.
(6) One (1) individual representing the Indiana Hospital
Association.
(7) One (1) individual representing the Indiana Health Care
Association.
(8) One (1) individual representing the Indiana Association of
Rehabilitation Facilities.
(9) One (1) individual representing the Arc of Indiana.
(10) One (1) physician licensed under IC 25-22.5.
(11) One (1) individual representing dialysis providers.
(12) One (1) Medicaid fee-for-service recipient.
(13) One (1) individual representing the Indiana Association of
Area Agencies on Aging.
(14) One (1) individual representing the Indiana Emergency
Medical Services Association.
(c) The members of the commission described in subsection (b)(1)
and (b)(2) shall serve:
(1) as nonvoting advisory members; and
(2) for a four (4) year term.
(d) The members of the commission described in subsection (b)(3)
through (b)(14) shall be appointed by the governor for terms of four (4)
years. The term of a member of the commission expires July 1.
However, a member may continue to serve until a successor is
appointed. In case of a vacancy, the governor shall appoint an
individual to serve for the remainder of the unexpired term. The
governor shall designate one (1) member described in this subsection
as chairperson of the commission.
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(e) The initial appointments beginning July 1, 2019, must be:
(1) made by the governor not later than October 1, 2019; and
(2) notwithstanding subsection (d), staggered as follows:
(A) Two (2) years for the members appointed under subsection
(b)(4), (b)(6), (b)(8), (b)(10), (b)(12), and (b)(14).
(B) Three (3) years for the members appointed under
subsection (b)(5), (b)(7), (b)(9), (b)(11), and (b)(13).
This subsection expires July 1, 2024.
(f) (e) The office shall provide staff support and technical assistance
to the commission, including the collection of and dissemination of
data and reports required by this chapter, in order for the commission
to carry out its duties under this chapter.
SECTION 86. IC 12-15-33.3-3, AS ADDED BY P.L.26-2025,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The commission is composed of individuals
who:
(1) are:
(A) current and former Medicaid beneficiaries; and
(B) family members and caregivers of current and former
Medicaid beneficiaries; and
(2) are appointed as follows:
(A) Four (4) members appointed by the administrator of the
office.
(B) One (1) member who is not a member of the general
assembly, appointed by the president pro tempore of the
senate.
(C) One (1) member who is not a member of the general
assembly, appointed by the minority leader of the senate.
(D) One (1) member who is not a member of the general
assembly, appointed by the speaker of the house.
(E) One (1) member who is not a member of the general
assembly, appointed by the minority leader of the house.
(b) The administrator of the office shall appoint the chair of the
commission from among the members of the commission. and The
chair serves at the pleasure of the administrator.
SECTION 87. IC 12-15-35-28.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 28.7. (a) The board
shall submit the initial approved preferred drug list to the office not
later than August 1, 2002.
(b) Except as permitted under subsection (g), the office may not
further restrict the status of a drug in the Medicaid program or the
children's health insurance program until the board reviews a
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therapeutic classification and the office implements the therapeutic
classification on the preferred drug list.
(c) The office shall provide advance notice to providers of the
contents of the preferred drug list submitted by the board under
subsection (a).
(d) Notwithstanding IC 12-15-13-6, the office shall implement any
change in the preferred drug list not later than thirty (30) days after the
date the board submits the amended list to the office.
(e) Except as provided by section 28(g)(3) section 28(g)(2) of this
chapter, the office may not implement a preferred drug list or an
amendment to the preferred drug list that has not been approved by the
board.
(f) The office may not require prior authorization for a drug that is
excluded from the preferred drug list unless the board has made the
determinations required under section 35 of this chapter.
(g) The office may adopt rules under IC 4-22-2 necessary to carry
out this chapter.
SECTION 88. IC 12-17.2-4-12, AS AMENDED BY P.L.134-2024,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. (a) A license for a child care center expires
three (3) years after the date of issuance, unless revoked, modified to
a probationary or suspended status, or voluntarily returned.
(b) A license issued under this chapter:
(1) is not transferable;
(2) applies only to the licensee and the location stated in the
application; and
(3) remains the property of the division.
(c) A current license shall be publicly displayed.
(d) When a licensee submits a timely application for renewal, the
current license shall remain in effect until the division issues a license
or denies the application.
(e) A licensee shall publicly display and make available, as a
handout, written documentation of:
(1) any changes in the status of the licensee's license;
(2) a telephone number and an Internet site a website where
information may be obtained from the division concerning:
(A) the current status of the licensee's license;
(B) any complaints filed with the division concerning the
licensee; and
(C) violations of this article by the licensee; and
(3) a telephone number of the office of the Indiana child care
resource and referral program of the county in which the child
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care center is located.
SECTION 89. IC 12-17.2-5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 12. (a) A license for a
child care home expires two (2) years after the date of issuance, unless
revoked, modified to a probationary or suspended status, or voluntarily
returned.
(b) A license issued under this chapter:
(1) is not transferable;
(2) applies only to the licensee and the location stated in the
application; and
(3) remains the property of the division.
(c) A current license shall be publicly displayed.
(d) When a licensee submits a timely application for renewal, the
current license shall remain in effect until the division issues a license
or denies the application.
(e) A licensee shall publicly display and make available, as a
handout, written documentation of:
(1) any changes in the status of the licensee's license; and
(2) a telephone number and an Internet site a website where
information may be obtained from the division regarding:
(A) the current status of the licensee's license;
(B) any complaints filed with the division concerning the
licensee; and
(C) violations of this article by the licensee; and
(3) a telephone number of the office of the Indiana child care
resource and referral program of the county in which the child
care home is located.
SECTION 90. IC 12-17.2-7.2-7.2, AS AMENDED BY
P.L.213-2025, SECTION 122, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 7.2. (a) For an eligible
child to qualify for a prekindergarten voucher under this chapter, the
eligible child must reside with a parent or guardian who is working or
attending a job training or an educational program.
(b) For a limited eligibility child to qualify for a prekindergarten
voucher under this chapter, the limited eligibility child must reside with
a parent or guardian who:
(1) is working or attending a job training or an educational
program; or
or
(2) receives Social Security Disability Insurance, Supplemental
Security Income benefits, or disability benefits from the United
States Department of Veterans Affairs.
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(c) Before the office may provide a prekindergarten voucher to an
eligible child, a limited eligibility child, or a child of a child care
employee under this chapter, the office shall require that a parent or
guardian of the child agree to the following:
(1) The child will attend the prekindergarten program of an
eligible provider selected by the parent or guardian for the full
duration of the prekindergarten program year.
(2) The parent or guardian will not transfer to another
prekindergarten program during the prekindergarten program
year.
(3) The child will attend the prekindergarten program at least
eighty-five percent (85%) of the days that the prekindergarten
program is provided.
(4) The parent or guardian will allow the child to participate in an
external evaluation conducted by researchers, including the
kindergarten readiness assessment and measuring of
developmental and academic progress.
(5) The parent or guardian will participate in family engagement
and involvement activities offered by the selected prekindergarten
program, including meetings with the child's teacher to discuss
the child's progress or any other conference concerning the child
that is requested by the eligible provider.
(6) The parent or guardian will complete the necessary forms for
the child to receive a student test number from the department of
education.
(7) The parent or guardian will send the child to kindergarten.
(8) The parent or guardian will read to the child each week.
(9) Any other condition the office determines is appropriate.
(d) Priority shall be given to a child of a child care employee under
this section.
(e) Priority may be given to an eligible or limited eligibility child
under this section if a parent or guardian of the eligible or limited
eligibility child is:
(1) involved in activities that improve the parent's or guardian's
education; or
(2) involved in job training.
SECTION 91. IC 13-14-1-11.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 11.5. (a) If the
department proposes to utilize a policy or statement that:
(1) interprets, supplements, or implements a statute or rule;
(2) has not been adopted in compliance with IC 4-22-2;
(3) is not intended by the department to have the effect of law;
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and
(4) is not related solely to internal department organization;
the proposed policy or statement may not be put into effect until the
requirements of subsection (b) have been met.
(b) The department shall present the proposed policy or statement
under subsection (a) to the appropriate board. At least forty-five (45)
days before the presentation, the department shall make available to the
public, including posting on the department's web site: website:
(1) the proposed policy or statement;
(2) information on the availability for public inspection of all
materials relied upon by the department in the development of the
proposed policy or statement, including, if applicable:
(A) health criteria;
(B) analytical methods;
(C) treatment technology;
(D) economic impact data;
(E) environmental assessment data; and
(F) other background data;
(3) the date, time, and location of the presentation under this
subsection to the appropriate board; and
(4) information regarding the opportunity for a person to comment
to the department and the appropriate board on the proposed
policy or statement before or at the time of the presentation under
this subsection.
The department shall provide to the appropriate board at the time of the
presentation under this subsection a copy of all comments made by a
person under subdivision (4). The proposed policy or statement may
not be put into effect until thirty (30) days after the policy or statement
is presented to the appropriate board.
(c) If the department utilizes a policy or statement described in
subsection (a), the department shall distribute:
(1) two (2) copies of the policy or statement to the publisher of
the Indiana Register for publication in the Indiana Register; and
(2) the copies required under IC 4-23-7.1-26 to the Indiana library
and historical department.
(d) The department shall:
(1) maintain a current list of all department policies and
statements described in subsection (a) that the department may
use in the department's external affairs; and
(2) update the list at least one (1) time each month.
(e) The department shall include the following information on the
list described in subsection (d) for each policy or statement:
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(1) The title of the policy or statement.
(2) The identification number of the policy or statement.
(3) The date the policy or statement was originally adopted.
(4) The date the policy or statement was last revised.
(5) A reference to all other policies or statements described in
subsection (a) that are repealed or amended by the policy or
statement.
(6) A brief description of the subject matter of the policy or
statement.
(f) At least one (1) time every three (3) months, the department shall
distribute two (2) copies of the list maintained and updated under
subsection (d) to the following:
(1) The publisher of the Indiana Register.
(2) The Indiana library and historical department.
SECTION 92. IC 13-15-11-6, AS AMENDED BY P.L.130-2018,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. Before September 1 of each even-numbered
year, the department shall publish on the department's Internet web
site: website:
(1) the department's proposed distribution of funds among the
programs referred to in section 1 of this chapter for the current
state fiscal year;
(2) the department's rationale for the proposed distribution;
(3) any difference between:
(A) the proposed distribution; and
(B) the distribution made by the department in the
immediately preceding state fiscal year; and
(4) the results of an independent audit of the correlation between:
(A) the distribution made by the department with respect to;
and
(B) the department's actual expenses related to;
each program referred to in section 1 of this chapter in the
immediately preceding state fiscal year.
SECTION 93. IC 13-18-2-3, AS AMENDED BY P.L.100-2021,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The department shall prepare a list of
impaired waters for the purpose of complying with federal regulations
implementing Section 303(d) of the federal Clean Water Act (33
U.S.C. 1313(d)). In determining whether a water body is impaired, the
department shall consider all existing and readily available water
quality data and related information. The department, before submitting
the list to the United States Environmental Protection Agency, shall:
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(1) post the list to the department's Internet web site; website;
(2) publish in the Indiana Register a link to the list posted to the
department's Internet web site; website;
(3) make the list available for public comment for at least
forty-five (45) days; and
(4) provide information about the list to the board.
(b) The board shall adopt a rule that:
(1) establishes the methodology to be used in identifying waters
as impaired; and
(2) specifies the methodology and criteria for including and
removing waters from the list of impaired waters.
(c) In the establishment of the total maximum daily load for a
surface water under Section 303(d)(1)(C) of the federal Clean Water
Act (33 U.S.C. 1313(d)(1)(C)), the department shall, in identifying the
surface water under Section 303(d)(1)(A) of the federal Clean Water
Act (33 U.S.C. 1313(d)(1)(A)), make every reasonable effort to identify
the pollutant or pollutants under consideration for the establishment of
the total maximum daily load.
(d) The department shall comply with subsection (e) if either of the
following applies:
(1) The department:
(A) is unable, in identifying the surface water as described in
subsection (c), to identify the pollutant or pollutants under
consideration for the establishment of the total maximum daily
load; and
(B) determines, after identifying the surface water as described
in subsection (c), that one (1) or more pollutants should be
under consideration for establishment of the total maximum
daily load.
(2) The department:
(A) in identifying the surface water as described in subsection
(c), identifies the pollutant or pollutants under consideration
for the establishment of the total maximum daily load; and
(B) determines, after identifying the pollutant or pollutants as
described in clause (A), that one (1) or more other pollutants
should be under consideration for establishment of the total
maximum daily load.
(e) The department complies with subsection (d) if the department
does the following before making a pollutant or pollutants the subject
of consideration for the establishment of the total maximum daily load:
(1) Determines and demonstrates that either or both of the
following apply:
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(A) The surface water does not attain water quality standards
(as established in 327 IAC 2-1 and 327 IAC 2-1.5) due to an
individual pollutant, multiple pollutants, pollution, or an
unknown cause of impairment.
(B) The surface water:
(i) receives a thermal discharge from one (1) or more point
sources; and
(ii) does not have or maintain a balanced indigenous
population of shellfish, fish, and wildlife.
(2) Posts on the department's Internet web site website the
determination referred to in subdivision (1).
(3) Makes the determination referred to in subdivision (1)
available for public comment for at least forty-five (45) days.
(4) Presents the determination referred to in subdivision (1) to the
commissioner for final approval after the comment period under
subdivision (3).
SECTION 94. IC 13-20-25-11, AS AMENDED BY P.L.147-2015,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) Except as provided in subsection (b), a
recycling activity report submitted to the commissioner under this
chapter must be submitted on the uniform recycling activity report form
posted by the commissioner on the department's Internet web site
website under section 12 of this chapter.
(b) If a uniform recycling activity report form is not posted on the
department's Internet web site website by July 1 in a calendar year in
which a recycler is required to submit a completed recycling activity
report under section 9(a) of this chapter, the recycler may satisfy the
recycler's duties under this chapter by submitting to the commissioner,
by a letter postmarked before August 1 of the calendar year, the types
of information about the recycler's recycling activities during the
calendar year that are set forth in section 12 of this chapter.
SECTION 95. IC 13-20-25-12, AS AMENDED BY P.L.147-2015,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. (a) Not later than July 1, 2015, the
commissioner shall post on the department's Internet web site website
a uniform recycling activity report form. The form must do the
following:
(1) Provide for reporting of the:
(A) name and location of; and
(B) principal business activities conducted at;
the recycler's establishment.
(2) Include:
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(A) an appropriate space for; and
(B) instructions requiring the completion of;
an appropriate certification, by signature of the recycler (if the
recycler is an individual) or a senior official with management
responsibility for the recycler (if the recycler is not an individual),
of the accuracy and completeness of the recycling activity report.
(3) Provide for reporting of the quantity, in tons, of each type of
recyclable material listed in subsection (b) that was in storage at
the reporting recycler's establishment:
(A) at the start of the calendar year; and
(B) at the close of the calendar year.
(4) Provide for reporting of the quantity, in tons, of each type of
recyclable material listed in subsection (b) that was transported
from the reporting recycler's establishment, or (in the case of a
recycler that is a recyclable materials broker) that was transported
or delivered by arrangement of the recycler, to any of the
following:
(A) Other recyclers located in Indiana.
(B) Persons that are located in Indiana but are not recyclers,
including persons who may employ the recyclable material as
a raw material or a new product without further recycling.
(C) Persons located outside Indiana.
(b) The uniform recycling activity report form posted on the
department's Internet web site website under subsection (a) must
specify that the information to be reported by a recycler under
subsection (a)(3) and (a)(4) must be reported separately for each of the
following types of recyclable materials:
(1) Glass.
(2) Metal, including white goods (ferrous).
(3) Metal (nonferrous).
(4) Paper and paper products (all grades).
(5) Plastic and plastic products.
(6) Single stream recyclable materials.
(7) Any other distinct type of recyclable material not specified in
subdivisions (1) through (6).
SECTION 96. IC 13-20.5-1-1, AS AMENDED BY P.L.200-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) A manufacturer of video display devices
that are sold or offered for sale to households as of January 1 of a
program year shall submit a registration to the department not later
than March 1 of that program year.
(b) A manufacturer of video display devices that begin to be sold or
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offered for sale to households after January 1 of a program year shall
submit a registration to the department not later than:
(1) twenty (20) days after the date on which the manufacturer's
video display devices begin to be sold or offered for sale, for the
program year in which the manufacturer's video display devices
begin to be sold or offered for sale to households; and
(2) for succeeding program years in which the manufacturer
continues as a manufacturer of video display devices that are sold
or offered for sale to households, on the date specified in
subsection (a).
(c) A registration submitted under this section must include the
following:
(1) A list of the brands of video display devices of the
manufacturer that are offered for sale in Indiana, regardless of
whether the manufacturer owns or licenses the brand.
(2) The name, address, and contact information of a person
responsible for ensuring compliance with this article. The
department shall post the contact information provided by each
manufacturer under this subdivision on an Internet web site. a
website.
(3) A certification that the manufacturer or the manufacturer's
agent has complied and will continue to comply with the
requirements of this article.
(4) An estimate, based on national sales data, of the total weight
in pounds of the manufacturer's video display devices that have
been sold to households during the most recent twelve (12)
months:
(A) that precede the date of registration; and
(B) for which that data is available.
(5) A demonstration of how the manufacturer plans, in the
program year for which the registration is submitted, to meet the
recycling goal stated in IC 13-20.5-4-1.
(6) A statement that discloses whether:
(A) any video display devices of the manufacturer that have
been sold to households exceed the maximum concentration
values established:
(i) for lead, mercury, cadmium, hexavalent chromium,
polybrominated biphenyls (pbbs), and polybrominated
diphenyl ethers (pbdes); and
(ii) under the directive restricting the use of certain
hazardous substances in electrical and electronic equipment
(RoHS Directive) 2002/95/EC of the European Parliament
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and Council, as amended; or
(B) the manufacturer has received an exemption from any of
the maximum concentration values under the RoHS Directive
that has been approved and published by the European
Commission.
(d) A manufacturer shall update the manufacturer's registration
under this section not more than ten (10) days after the date on which
the manufacturer changes the brand or brands of video display devices
of the manufacturer that are sold or offered for sale to households.
SECTION 97. IC 13-20.5-1-3, AS ADDED BY P.L.178-2009,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) A registration received from a manufacturer
by the department under this chapter is, except as provided in
subsection (b), effective for the program year for which the registration
is submitted under section 1 of this chapter.
(b) The department shall review each registration and notify a
manufacturer of any information required by this chapter that is
omitted from the manufacturer's registration. Not more than thirty (30)
days after the date a manufacturer receives notification from the
department concerning incomplete information in the manufacturer's
registration, the manufacturer shall submit a revised registration that
includes the information required by the department. A registration
received from a manufacturer by the department under this subsection
is, unless the manufacturer receives a second or subsequent notification
from the department concerning incomplete information, effective for
the program year for which the registration is submitted under section
1 of this chapter.
(c) The department shall maintain on an Internet web site a website
the names of manufacturers and the manufacturers' brands listed in
registrations submitted to the department. The department shall update
the Internet web site website information promptly upon receipt of a
new or updated registration. The Internet web site website must
contain prominent language stating that:
(1) this article is directed at video display devices used by
households; and
(2) the manufacturers' brands list is not a list of manufacturers
qualified to sell to industrial, commercial, or other markets
identified as exempt from the requirements of this article.
SECTION 98. IC 13-20.5-6-2, AS ADDED BY P.L.178-2009,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The requirement in section 1 of this chapter
may be met by retailers:
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(1) by providing to households the department's contact
information or Internet web site website address; and
(2) if the retailer sells through catalogs or the Internet, by
including the information in a prominent location in the retailer's
catalog or on the retailer's Internet web site. website.
SECTION 99. IC 13-21-3-13.5, AS AMENDED BY P.L.257-2013,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13.5. (a) At the end of each year the district shall
prepare, on a form designed by the department of local government
finance, a report that is accessible through the computer gateway
administered by the office of technology established by IC 4-13.1-2-1
and that provides the following information:
(1) For each fund that contains district money:
(A) the cash balance at the end of the year;
(B) a list of all encumbrances on the fund that the district is
legally obligated to pay;
(C) a copy of documentation that supports each encumbrance
listed in clause (B);
(D) the fund balance obtained by subtracting the amount under
clause (B) from the amount under clause (A);
(E) the total expenditures from the fund for the year; and
(F) any other financial information required by the department.
(2) The total of all fund balances calculated under subdivision
(1)(D).
(3) The total of all fund expenditures reported under subdivision
(1)(E).
(4) Any programmatic information required by the department.
(5) The total amount of expenditures by the district for the year.
(6) The per capita expenditures by the district for the year.
(7) The amount of expenditures by the district for the year for
personnel costs.
(8) The amount of expenditures by the district for the year for
program costs (excluding personnel costs).
(9) The total amount of solid waste (in tons) disposed of in the
district for the year for which the district is directly responsible.
(10) The total amount of recycling (in tons) carried out in the
district in the year for which the district is directly responsible.
(b) The district shall provide the report prepared under subsection
(a):
(1) to the department and to the department of local government
finance in a format prescribed by the department; and
(2) to the legislative council in an electronic format under
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IC 5-14-6;
by March 1 of the year following the year for which the report is made.
(c) The district shall publish the annual report prepared under
subsection (a) on an Internet web site a website maintained by the
district or on the Internet web sites websites maintained by the counties
that are members of the district.
SECTION 100. IC 13-23-1-3, AS ADDED BY P.L.105-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The department shall establish a training
program:
(1) on an Internet web site; a website; and
(2) that complies with the requirements of the federal Energy
Policy Act of 2005 (P.L.109-58).
(b) The department may use the excess liability trust fund to pay
expenses related to the training program established under subsection
(a).
SECTION 101. IC 13-26-2-2.5, AS AMENDED BY P.L.152-2021,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. (a) Before a representative may file a petition
to establish a district, the representative must provide notice to all
owners of property to be served by the proposed district that is the
subject of the petition.
(b) Notice under subsection (a) must be provided as follows:
(1) Beginning at least thirty (30) days before the date on which a
public meeting under subsection (c) is scheduled, by publication
of notice for three (3) consecutive weeks:
(A) with each publication of notice:
(i) in at least two (2) newspapers of general circulation in
each of the counties, in whole or in part, in the proposed
district; or
(ii) if there is only one (1) newspaper of general circulation
in a county, a single publication in one (1) newspaper
satisfies the requirement of this subdivision; or
(B) with the first publication of notice made in a newspaper or
newspapers described in clause (A) and the two (2) subsequent
publications of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site website of each county in the
proposed district.
(2) Beginning at least fourteen (14) days before the date on which
a public meeting under subsection (c) is scheduled, by:
(A) first class United States mail, postage prepaid, mailed to
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each freeholder within the proposed district; and
(B) broadcasting at least three (3) public service
announcements each day for fourteen (14) days on at least two
(2) radio stations operating in each of the counties, in whole or
in part, in the proposed district.
(c) After providing notice under subsection (b), a representative that
seeks to file a petition to establish a district must conduct a public
meeting to discuss and receive comments on the proposed district.
(d) A representative may not file a petition to establish a district:
(1) more than one hundred eighty (180) or less than sixty (60)
days after providing notice under subsection (b); or
(2) less than thirty (30) days after a meeting held under subsection
(c).
SECTION 102. IC 13-30-9-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 7. Notwithstanding any
provision of this chapter, a person that receives a covenant not to sue
under IC 13-25-5-18 is exempt from suit as provided in IC 13-25-5-18.
SECTION 103. IC 14-26-8-7, AS AMENDED BY P.L.152-2021,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) Within ten (10) days after the filing of a
petition, the clerk shall docket the petition as a cause of action pending
in the circuit or superior court. The clerk shall cause notice to be given
at least thirty (30) days before the date set for the hearing as follows:
(1) By publication one (1) time each week for two (2) consecutive
weeks:
(A) with each publication:
(i) in not less than two (2) newspapers of general circulation
published in each county in which the lake is located; or
(ii) if there are not two (2) newspapers of general circulation
published in a county, in one (1) newspaper of general
circulation published in the county; or
(B) with the first publication of notice in a newspaper or
newspapers 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 each county in which
the lake is located.
(2) By posting a written or printed notice at the door of the
courthouse in each county in which the lake lies.
(3) By sending written notice to the following:
(A) The county surveyor and county commissioners of each
county affected.
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(B) The department.
(b) The notice must do the following:
(1) Briefly describe the location and nature of the proposed work
contained in the petition.
(2) Fix a day for the hearing on the petition.
SECTION 104. IC 14-27-7.3-1, AS AMENDED BY P.L.14-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) This chapter does not apply to a dam that is
regulated by the Federal Energy Regulatory Commission or owned by
the Army Corps of Engineers.
(b) For purposes of this chapter, the state does not assume
ownership of or responsibility for a low head dam that is not listed on
the roster under section 4 of this chapter as owned by the state.
SECTION 105. IC 14-27-7.3-13.1, AS ADDED BY P.L.14-2025,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13.1. A permit issued by the director after January
1, 2021, for the removal of a low head dam does not expire until two
(2) years after any:
(1) local, state, or federal administrative or judicial appeals of that
permit; or
(2) other local, state, or federal permit permits required to
implement that permit;
have been finally adjudicated.
SECTION 106. IC 14-28-4-21, AS AMENDED BY P.L.152-2021,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 21. (a) After the commission submits the final
report, the legislative body of the county or municipality shall give all
interested persons an opportunity to be heard with reference to the final
report at a public hearing convenient for all persons affected. The
legislative body shall publish notice of the hearing in a daily newspaper
of general circulation in the county or municipality.
(b) The notice must state the following:
(1) The time and place of the hearing.
(2) That the report contains a flood plain zoning ordinance for the
county or municipality.
(3) That written objections to the proposed zoning ordinance filed
with the clerk of the legislative body at or before the hearings will
be heard.
(4) That the hearing will be continued as is necessary.
(c) The notice shall be published at least two (2) times within the
ten (10) days before the time set for the hearing:
(1) with each publication in a daily newspaper of general
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circulation in the county or municipality; 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 or
municipality.
During the ten (10) day period, the proposed zoning ordinance shall be
kept on file in the office of the commission or other designated place
for public examination.
(d) Upon completion of the public hearing, the legislative body shall
proceed to consider the ordinance.
SECTION 107. IC 14-30-3-28, AS ADDED BY P.L.138-2018,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 28. (a) The commission shall schedule a public
meeting in accordance with IC 5-14-1.5 in each participating county
containing a political subdivision that has entered into a cooperative
agreement under section 26(1) of this chapter authorizing the
commission to develop a plan. The purpose of the public meeting shall
be to gain input regarding the development of the plan before the plan
is implemented in accordance with this chapter.
(b) The commission shall do the following:
(1) At least ten (10) days before the public meeting in each
participating county described in subsection (a), post a copy of the
proposed plan on the commission's Internet web site website or
the Internet web site website of the participating county (if the
county maintains an Internet web site). a website).
(2) Publish notice of each public meeting in a participating county
described in subsection (a) in accordance with IC 5-3-1 at least
ten (10) days before the public meeting.
(3) Include the following information in the notice described in
subdivision (2):
(A) The date, time, and place of the meeting in each
participating county described in subsection (a).
(B) A synopsis of the subject matter of the meeting.
(C) How an individual may obtain a copy of the proposed plan
from the commission.
(D) That the public is encouraged to make comments at the
meeting.
(c) At the meeting, the commission shall allow the public to be
heard on the proposed plan.
SECTION 108. IC 14-33-2-12, AS AMENDED BY P.L.152-2021,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 12. (a) This subsection applies only to a petition
by freeholders. The petitioners shall give notice of hearing on the
petition as follows:
(1) By publication in two (2) newspapers of general circulation in
each county having land in the proposed district, three (3) times
at successive weekly intervals. The first publication must be at
least thirty (30) days before the date of the hearing. If there is only
one (1) newspaper of general circulation in a county, three (3)
publications in that newspaper are sufficient.
(2) By mailing a copy of the notice at least twenty (20) days
before the date of the hearing, first class postage prepaid, to each
freeholder who has not signed the petition and who owns land in
the proposed district, according to the records of the county
auditor. The person having the notice mailed shall file an affidavit
with the court showing the following:
(A) The names of the persons to whom notice was sent.
(B) The address to which the notice was sent.
(C) The date on which the notice was mailed.
(b) This subsection applies only to a petition by a municipality
under section 7 of this chapter. The municipality shall give notice of
hearing as follows:
(1) By publication for three (3) consecutive weeks:
(A) with each publication of notice in two (2) newspapers of
general circulation in each county having land in the proposed
district or if there is only one (1) newspaper, publication in
that newspaper is sufficient; or
(B) with the first publication of notice made in a newspaper or
newspapers described in clause (A) and 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 municipality.
The first publication of notice must be at least thirty (30) days
before the date of the hearing.
(2) By mailing a copy of the notice at least twenty (20) days
before the date of the hearing, first class postage prepaid, to each
freeholder who has not signed the petition and who owns land in
the proposed district, according to the records of the county
auditor. The person having the notice mailed shall file an affidavit
with the court showing the following:
(A) The names of the persons to whom notice was sent.
(B) The address to which the notice was sent.
(C) The date on which the notice was mailed.
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SECTION 109. IC 14-33-10-2, AS AMENDED BY P.L.152-2021,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) The board shall give notice by publication
once a week for two (2) successive weeks:
(1) with each publication of notice:
(A) in two (2) newspapers of general circulation in each
county having land in the district; or
(B) in one (1) newspaper in the county if there is only one (1)
newspaper of general circulation; or
(2) with the first publication of notice in the newspaper or
newspapers as provided 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 district.
The notice shall state the date that assessments are due and payable not
later than sixty (60) days after the date of the last publication.
(b) Payment of assessments shall be made at:
(1) the office of the board; or
(2) if the court orders, the offices of the treasurers of the counties.
(c) The owners of real property assessed for exceptional benefits are
entitled to make payment in full unless exceptional benefits are
assessed annually and paid with special benefits taxes to the county
treasurer. If payment is made in full, the board shall do the following:
(1) Note the payment in the assessment roll in the board's office.
(2) Give a receipt to the landowner paying the assessment.
(3) Enter satisfaction of the lien of the assessment in the
appropriate record in the office of the recorder where the
assessment is recorded.
(d) The payment of the assessment does not relieve the real property
from being subject to the following:
(1) A special benefits tax.
(2) An annual assessment for maintenance and operation based
upon the original exceptional benefit assessment.
SECTION 110. IC 14-33-16-5, AS AMENDED BY P.L.152-2021,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) Within ten (10) days after the board certifies
to the court, the board shall fix the following:
(1) A convenient and suitable place for the election.
(2) The date for the election not less than fifteen (15) and not
more than thirty (30) days after the last publication of notice.
(b) The voting place must open at 9 a.m. local time and remain open
for balloting continuously until 9 p.m. local time. However, if the
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district contains freeholds too numerous for freeholder balloting at a
single voting place while allowing each freeholder a reasonable time
but not exceeding two (2) minutes to cast a ballot, the board shall fix
and arrange for multiple voting places as appears necessary to
accommodate the freeholders eligible to vote.
(c) Notice of the time, place, and purpose for the election must be
given on the same day of each week for two (2) consecutive weeks:
(1) with each publication of notice in an English language
newspaper of general circulation published in each county having
land in the district; or
(2) with the first publication of notice made in the newspaper or
newspapers 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 district.
SECTION 111. IC 14-33-16.5-6, AS AMENDED BY P.L.152-2021,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) Not later than ten (10) days after receipt of
a notice under section 5 of this chapter, the board of directors of the
smaller district shall fix the following:
(1) A convenient and suitable place for the smaller district's
election.
(2) The date for the election that is at least sixty (60) days after
the date on which the county auditor notifies the smaller district's
board under section 5 of this chapter.
(b) The voting place must open at 9 a.m. local time and remain open
for balloting continuously until 9 p.m. local time. If the number of
freeholders in the smaller district is too great for balloting at a single
voting place while allowing each freeholder a reasonable time to cast
a ballot, the board shall arrange for the number of voting places
necessary to accommodate the freeholders eligible to vote.
(c) Notice of the date, time, place, and purpose of the election must
be given for two (2) consecutive weeks:
(1) with each publication of notice in an English language
newspaper of general circulation published in each county having
land in the smaller district; or
(2) with the first publication of notice in the newspaper or
newspapers 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 smaller district.
The last publication may not be less than fifteen (15) days and not more
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than thirty (30) days before the date of the election.
(d) The board of directors of the smaller district shall also cause
individual notice of the election to be given to all the smaller district's
freeholders by first class mail.
(e) The notice published under subsection (c) and the individual
freeholder notice mailed under subsection (d) must be in the following
form:
Notice of a Dissolution and Assumption Election
to the Freeholders of the _______________
(insert smaller district) Conservancy District
1. You are a freeholder (i.e. a real property owner) of the
_______________ (insert smaller district) Conservancy District. As a
freeholder, you are one of the owners of the _______________ (insert
smaller district) Conservancy District.
2. A legally required number of the freeholders of the
_______________ (insert smaller district) Conservancy District has
filed a petition with the _______________ (insert county name)
County Auditor requesting that the _______________ (insert smaller
district) Conservancy District be dissolved, and that the operation,
obligations, and assets of the _____________ (insert smaller district)
Conservancy District be assumed by the _____________ (insert larger
district) Conservancy District.
3. The _______________ (insert larger district) Conservancy District
is contiguous to, has the same purpose as, and has a greater number of
freeholders than the _______________ (insert smaller district)
Conservancy District.
4. The Board of Directors of the _______________ (insert larger
district) Conservancy District has passed a resolution stating:
A. That the _______________ (insert larger district) Conservancy
District is willing to assume the operation, obligations, and assets
of the _______________ (insert smaller district) Conservancy
District; and
B. That upon becoming part of the _______________ (insert
larger district) Conservancy District, the freeholders of the
_______________ (insert smaller district) Conservancy District
will become full and equal freeholders of the _______________
(insert larger district) Conservancy District and be subject to and
pay the same special benefits taxes and user charges generally
charged by the (insert larger district) Conservancy District.
5. An election of the freeholders of the _______________ (insert
smaller district) Conservancy District is set for the day of
___________, ____, from 9:00 a.m. to 9:00 p.m., at the following
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location(s): __________________.
6. The question presented for the election is whether the
_______________ (insert smaller district) Conservancy District should
be dissolved, and whether the _______________ (insert larger district)
Conservancy District should assume the operations, obligations, and
assets of the ________________ (insert smaller district) Conservancy
District.
7. A majority of the votes cast at the election will determine the
question of whether the _______________ (insert smaller district)
Conservancy District should be dissolved, and whether the
_______________ (insert larger district) Conservancy District should
assume the operations, obligations, and assets of the _______________
(insert smaller district) Conservancy District.
8. As a freeholder of the _______________ (insert smaller district)
Conservancy District, you are entitled to and encouraged to vote at the
election.
/ss/ Board of Directors, _______________
(insert smaller district) Conservancy District
(f) If the board of directors of the smaller district fails to hold the
election as required by this chapter, the county auditor of the county in
which the smaller district's petition was filed shall:
(1) conduct the election as required by this chapter; and
(2) bill the board of directors of the smaller district for the county
auditor's costs incurred for the election.
(g) The board of directors of the smaller district shall promptly pay
a bill submitted to the smaller district under subsection (f).
SECTION 112. IC 14-33-17-7, AS AMENDED BY P.L.152-2021,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. The petitioners shall give notice of the time,
place, and purpose for the election:
(1) by publication for two (2) consecutive weeks:
(A) with each publication of notice on the same day of each
week in an English language newspaper of general circulation
published in the county; or
(B) with the first publication of notice made in the 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 county; and
(2) by mail at least twenty (20) days before the date of the
election, first class postage prepaid, to each freeholder who has
not signed the petition and who owns land in the proposed district
according to the records of the county auditor.
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SECTION 113. IC 14-34-6-7, AS AMENDED BY P.L.152-2021,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) After a permit is issued, the permittee may
apply to the director for the release of all or part of the bond or deposit.
As part of the bond release application, the permittee must do the
following:
(1) Submit copies of letters that the permittee has sent by certified
mail to:
(A) adjoining property owners;
(B) local government bodies;
(C) planning agencies;
(D) sewage and water treatment authorities; or
(E) water companies;
in the county in which the surface coal mining and reclamation
operation is located notifying the entities of the bond release
application.
(2) Within thirty (30) days after filing the bond release
application, submit a copy of an advertisement placed at least one
(1) time a week for four (4) successive weeks in a newspaper of
general circulation in the county in which the surface coal mining
and reclamation operation is located. The advertisement must
contain the following:
(A) A notification of the precise location of the land affected.
(B) The number of acres.
(C) The permit and the date of approval.
(D) The amount of the bond filed and the part sought to be
released.
(E) The type and appropriate dates of reclamation work
performed.
(F) A description of the results achieved relating to the
operator's approved reclamation plan.
(b) The director may initiate an application for the release of a bond.
If a bond release application is initiated by the director, the department
shall perform the notification and certification requirements otherwise
imposed on the permittee under this section and section 8 of this
chapter. However, the department may provide notice by publication
under subsection (a)(2):
(1) with each publication of notice in the newspaper described in
subsection (a)(2); or
(2) with the first publication of notice in the newspaper described
in subsection (a)(2) and the three (3) subsequent publications of
notice:
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(A) in accordance with IC 5-3-5; and
(B) on the official web site website of the county in which the
surface coal mining and reclamation operation is located.
SECTION 114. IC 15-13-5-10, AS AMENDED BY P.L.92-2019,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) Subject to sections 11 through 13 of this
chapter, the director of the Indiana state department of agriculture shall
certify an organization that applies under section 9 of this chapter as
eligible to vote in a district election under this chapter only if the
organization:
(1) is an agricultural interest, including an agricultural youth or
agricultural educational interest that is regularly organized in the
state and that represents, supports, or promotes the career,
educational, and leadership development of Indiana youth;
(2) is regularly organized within the state;
(3) has at least ten (10) active members;
(4) has elected officers;
(5) has been in existence for at least one (1) year before the
application for certification is filed with the director of the
Indiana state department of agriculture; and
(6) before July 1 of the year of the election in which the
organization wants to participate, files with the director of the
Indiana state department of agriculture:
(A) the name of the organization;
(B) the names and addresses of the organization's officers;
(C) the name, address, and title of the individual who is
authorized by the organization to vote for the organization in
an election under this chapter;
(D) the number of the organization's active members;
(E) a certification that the organization is eligible to be
certified under this chapter; and
(F) other information required by the director of the Indiana
state department of agriculture.
(b) A certification under subsection (a) expires July 1 of the fourth
year after the certification is issued by the director of the Indiana state
department of agriculture.
(c) Any organization organized on a statewide basis may cast a vote
in any district election, unless the statewide organization certifies at
least one (1) affiliated district or county organization for the same
election.
(d) The Indiana state department of agriculture shall maintain on the
department's Internet web site website a list of organizations,
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coordinated by district, that are certified to vote in the previous and
next district election.
SECTION 115. IC 15-15-12-23, AS AMENDED BY P.L.98-2012,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 23. (a) The ballot for the election of a district
council member must include the name of each producer who:
(1) meets the qualifications set forth in section 17(b) of this
chapter; and
(2) files with the council, not later than June 30 of the year of the
election, a petition in support of candidacy signed by ten (10)
other producers who reside in the district.
(b) The council shall provide petition forms upon request and shall
make forms available:
(1) at cooperative extension service offices located in the district;
and
(2) via the council's Internet web site. website.
(c) The council shall allow a producer to request a ballot through the
council's Internet web site. website.
(d) A name other than the names of the producers who have
qualified under this section may not be printed on the ballot by the
council. All names on the ballot must be listed in alphabetical order
based on the producer's surname.
(e) The council shall require each producer who submits a ballot to
provide a separate attestation that the person is an eligible producer.
SECTION 116. IC 15-15-12-27, AS ADDED BY P.L.2-2008,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 27. (a) The council shall do the following:
(1) Elect a president, vice president, secretary, treasurer, and other
officers the council considers necessary.
(2) Employ personnel and contract for services that are necessary
for the proper implementation of this chapter.
(3) Bond the treasurer and such other persons as necessary to
ensure adequate protection of funds received and administered by
the council.
(4) Authorize the expenditure of funds and the contracting of
expenditures to conduct proper activities under this chapter.
(5) Annually establish priorities and prepare and approve a budget
consistent with the estimated resources of the council and the
scope of this chapter.
(6) Annually publish an activities report and audit and present the
report and audit to the director, the dean of agriculture, and the
legislative council. The report and audit must be:
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(A) sent to the legislative council in an electronic format under
IC 5-14-6; and
(B) available on the council's Internet web site. website.
(7) Procure and evaluate data and information necessary for the
proper implementation of this chapter.
(8) Formulate and execute assessment procedures and methods of
collection.
(9) Receive and investigate, or cause to be investigated,
complaints and violations of this chapter and take necessary
action within the council's authority.
(10) Adopt bylaws and operating procedures governing operations
of the council.
(11) Keep accurate accounts of all receipts and disbursements of
funds handled by the council and have the receipts and
disbursements audited annually by a certified public accountant.
(12) Establish and maintain an Internet web site. a website.
(13) Take any other action necessary for the proper
implementation of this chapter.
(b) A majority of the voting members of the council constitutes a
quorum. The affirmative votes of at least a majority of the quorum, and
at least nine (9) affirmative votes, are required for the council to take
action.
SECTION 117. IC 15-15-12-33, AS AMENDED BY P.L.98-2012,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 33. (a) If a producer has sold corn and the state
assessment was deducted from the sale price of the corn, the producer
may secure a refund equal to the amount deducted upon filing a written
application.
(b) A producer's application for a refund under this section must be
made to the council not more than one hundred eighty (180) days after
the state assessment is deducted from the sale price of the producer's
corn.
(c) The council shall provide application forms to a first purchaser
for purposes of this section upon request and make application forms
available on the council's Internet web site. website. A first purchaser
shall make application forms available in plain view at the first
purchaser's place of business.
(d) Proof that an assessment has been deducted from the sale price
of a producer's corn must be attached to each application for a refund
submitted under this section by a producer. The proof that an
assessment was deducted may be in the form of a duplicate or an
original copy of the purchase invoice or settlement sheet from the first
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purchaser. The refund form and proof of assessment may be mailed or
faxed to the council. The refund form must clearly state how to request
a refund, the address where the form may be mailed, and the fax
number where the form may be faxed.
(e) If a refund is due under this section, the council shall remit the
refund to the producer as follows:
(1) For:
(A) refunds of more than twenty-five dollars ($25); or
(B) multiple refunds that total more than twenty-five dollars
($25);
not later than thirty (30) days after the date the producer's
completed application and proof of assessment are received.
(2) For refunds of twenty-five dollars ($25) or less:
(A) on March 31 if the producer's completed application and
proof of assessment are received before March 1; or
(B) on September 30 if the producer's completed application
and proof of assessment are received on or after March 1 and
before September 1.
SECTION 118. IC 16-18-2-45.1, AS ADDED BY P.L.29-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 45.1. "Cancer clinical trial", for purposes of
IC 16-48-18, IC 16-46-18, has the meaning set forth in IC 16-46-18-1.
SECTION 119. IC 16-18-2-268.1, AS ADDED BY P.L.29-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 268.1. "Participant", for purposes of IC 16-48-18,
IC 16-46-18, has the meaning set forth in IC 16-46-18-2.
SECTION 120. IC 16-21-10-10, AS AMENDED BY P.L.213-2025,
SECTION 152, AND AS AMENDED BY P.L.216-2025, SECTION
28, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 10. This section:
(1) is effective upon implementation of the fee; and
(2) does not apply to funds under IC 12-16-17 (before its repeal).
Notwithstanding any other law, the part of the amounts appropriated
for or transferred to the hospital care for the indigent program for the
state fiscal year beginning July 1, 2013, and each state fiscal year
thereafter that are not required to be paid to the office by law shall be
used exclusively as state share dollars for the payments described in
sections 8(a) and 11 of this chapter. Any hospital care for the indigent
funds that are not required for the payments described in sections 8(a)
and 11 of this chapter after the cessation of the collection of the fee
under section 6(b) 6(d) of this chapter shall be used for the state share
dollars of the payments in IC 12-15-20-2(8)(G)(ii) through
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IC 12-15-20-2(8)(G)(x).
SECTION 121. IC 16-21-17-2, AS AMENDED BY P.L.151-2021,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) The information displayed on the Internet
web site website must be in an easy to read, understandable format,
and include the standard charges as described in section 1 of this
chapter for each service.
(b) An ambulatory outpatient surgical center shall update the
information on the Internet web site website on an annual basis.
SECTION 122. IC 16-21-19-4, AS ADDED BY P.L.216-2025,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. If a nonprofit hospital fails to submit the forms
required under section 2 of this chapter before October 1 of any year,
the state department shall fine the nonprofit hospital system ten
thousand dollars ($10,000) per day for which the forms are past due. A
fine under this section shall be deposited into the payer affordability
penalty fund established by IC 12-15-18.5. IC 12-15-1-18.5.
SECTION 123. IC 16-24.5-1-2, AS AMENDED BY P.L.151-2021,
SECTION 13 AND P.L.198-2021, SECTION 15, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. (a) Not
later than March 31, 2021, an urgent care facility shall post on the
Internet web site website of the urgent care facility pricing and other
information specified in this chapter for the fifteen (15) most common
services that are provided by the urgent care facility.
(b) The following information, to the extent applicable, must be
included on the Internet web site website by an urgent care facility for
the fifteen (15) most common services described in subsection (a):
(1) The number of times each service is provided by the urgent
care facility.
(2) A description of the service.
(3) The standard charge per item or service for each of the
following categories:
(A) Any nongovernment sponsored health benefit plan or
insurance provided by a health carrier in which the provider is
in the network.
(B) Medicare, including fee for service and Medicare
Advantage.
(C) Self-pay without charitable assistance from the urgent care
facility.
(D) Self-pay with charitable assistance from the urgent care
facility.
(E) Medicaid, including fee for service and risk based
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managed care.
SECTION 124. IC 16-24.5-1-3, AS AMENDED BY P.L.151-2021,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The information displayed on the Internet
web site website must be in an easy to read, understandable format,
and include the standard charges as described in section 2 of this
chapter for each service.
(b) An urgent care facility shall update the information on the
Internet web site website on an annual basis.
SECTION 125. IC 16-25-4.5-4, AS AMENDED BY P.L.73-2020,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) The state department shall develop a
perinatal hospice brochure and post the perinatal hospice brochure on
the state department's Internet web site. website.
(b) The perinatal brochure developed under this section must
include the following:
(1) A description of the health care and other services available
from perinatal hospice.
(2) Information that medical assistance benefits may be available
for prenatal care, childbirth, and perinatal hospice.
(3) Information regarding telephone 211 dialing code services for
accessing grief counseling and other human services as described
in IC 12-13-16, and the types of services that are available
through this service.
SECTION 126. IC 16-25-4.5-5, AS ADDED BY P.L.213-2016,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. The state department shall develop and
regularly update a list of all perinatal hospice providers and programs
in Indiana. The state department may include on the list perinatal
hospice providers and programs in other states that provide care to
Indiana residents. The state department shall post the list of perinatal
hospice providers and programs on the state department's Internet web
site. website.
SECTION 127. IC 16-27.5-1-4, AS ADDED BY P.L.143-2025,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) The state department may delay renewing
an individual's certification or registration under this article for not
more than one hundred twenty (120) days after the expiration of the
certification or registration to allow the state department to investigate
a complaint concerning an allegation described in section 2 of this
chapter against the individual.
(b) If the state department delays renewing an individual's
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certification or registration as described in subsection (a), the following
must occur:
(1) The state department shall notify the individual of the
complaint and begin an investigation.
(2) Before the delay period described in subsection (a) ends, the
commission shall review evidence provided by the state
department and hold a hearing to make a determination
concerning the allegation, the individual's application for renewal,
and, if appropriate, disciplinary action.
(c) An individual's certification or registration remains valid under
this section until the earlier of:
(1) the commission's determination under subsection (a);
subsection (b); or
(2) the individual's application for renewal is denied.
(d) If the commission fails to make a determination required under
subsection (b), the state department shall renew the individual's
certification or registration.
SECTION 128. IC 16-27.5-5-10, AS ADDED BY P.L.143-2025,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) This section applies to a registered home
health aide who:
(1) is employed as a home health aide; and
(2) provides care to an individual who has been diagnosed with or
experiences symptoms of Alzheimer's disease, dementia, or a
related cognitive disorder.
(b) As used in this section, "approved dementia training" refers to
a dementia training program:
(1) for use in training home health aides in the care of individuals
described in subsection (a)(2); and
(2) that has been approved by the state department commission
under subsection (f).
(c) Not later than sixty (60) days after the date on which a home
health aide is initially hired to care for an individual with Alzheimer's
disease, dementia, or a related cognitive disorder, the home health aide
shall complete at least six (6) hours of approved dementia training.
(d) Before December 31 of each year, a home health aide who has
been employed as a home health aide for at least one (1) year shall
complete at least three (3) hours of approved dementia training.
(e) A home health aide who:
(1) has received the training required by subsections (c) and (d);
(2) has been employed as a home health aide for at least
twenty-four (24) consecutive months; and
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(3) is hired by a home health agency;
is not required to repeat the training required by this section.
(f) The commission shall do the following:
(1) Approve each dementia training program that meets the
following requirements:
(A) The dementia training program includes education
concerning the following:
(i) The nature of Alzheimer's disease, dementia, and other
related cognitive disorders.
(ii) Current best practices for caring for and treating
individuals with dementia.
(iii) Guidelines for the assessment and care of an individual
with dementia.
(iv) Procedures for providing patient centered quality care.
(v) The daily activities of individuals with dementia.
(vi) Dementia related behaviors, communication, and
positive intervention.
(vii) The role of an individual's family in caring for an
individual with dementia.
(B) The dementia training program:
(i) must be culturally competent; and
(ii) may be provided online.
(2) Direct the state department to establish and implement a
process for approval of a dementia training program.
(g) To the extent allowed by 42 CFR 484.80, the number of hours
of approved dementia training completed under this section satisfies an
equivalent number of hours of the home health aide training required
by 42 CFR 484.80.
(h) An entity that provides approved dementia training shall provide
to each home health aide who successfully completes the training a
certificate of completion.
(i) A home health aide:
(1) is responsible for maintaining the home health aide's
certificate of completion; and
(2) may use the certificate of completion as proof of compliance
with this section.
SECTION 129. IC 16-28-2-11.3, AS ADDED BY P.L.149-2023,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11.3. (a) A residential care administrator must
meet the requirements set forth in IC 25-19-1-2.5.
(b) A residential care facility shall notify, not later than three (3)
working days, the state department of a vacancy in the residential care
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administrator position and the name of the replacement administrator.
(c) When a new residential care administrator begins employment
with the residential care facility, the residential care facility shall
provide the state department on a form prescribed by the state
department with the following information concerning the residential
care administrator:
(1) The full name of the administrator.
(2) The name, facility number, and address of the residential care
facility for which the administrator is employed.
(3) The license number of the administrator.
(4) The email electronic mail address of the administrator.
(5) The name of the previous administrator.
(6) The previous administrator's last date of employment.
(7) The license number of the previous administrator.
SECTION 130. IC 16-28-13-3, AS AMENDED BY P.L.186-2025,
SECTION 279, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3. (a) A health care facility or an
entity in the business of contracting to provide nurse aides or other
unlicensed employees for a health care facility may not knowingly
employ a person as a nurse aide or other unlicensed employee if one (1)
or more of the following conditions exist:
(1) The person has been convicted of any of the following:
(A) A sex crime (IC 35-42-4).
(B) Exploitation of an endangered adult (IC 35-46-1-12).
(C) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(D) A felony offense relating to theft, conversion, or receiving
stolen property (IC 35-43-4), if the person's conviction for
theft, conversion, or receiving stolen property occurred less
than five (5) years before the individual's employment
application date.
(E) Identity deception (IC 35-43-5-3.5), if the conviction is a
felony conviction that occurred less than five (5) years before
the person's employment application date.
(F) Fraud (IC 35-43-5-4), if the conviction is a felony
conviction that occurred less than five (5) years before the
person's employment application date.
(G) Murder (IC 35-42-1-1).
(H) Voluntary manslaughter (IC 35-42-1-3).
(I) Except as otherwise specified in this section, a crime of
violence (as defined in IC 35-50-1-2), if the person's
conviction occurred less than ten (10) years before the person's
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employment application date.
(J) Felony battery within the previous five (5) years.
(K) A felony offense relating to controlled substances within
the previous five (5) years, unless:
(i) the person is certified as a peer recovery coach through
a credential recognized by the division of mental health and
addiction;
(ii) the person has not been convicted of a felony offense
relating to controlled substances after the issuance of a peer
recovery coach credential; and
(iii) there are no felony charges relating to controlled
substances pending against the person.
(2) The person:
(A) has abused, neglected, or mistreated a patient or
misappropriated a patient's property; and
(B) had a finding entered into the state nurse aide registry.
under IC 25-23-2.
(b) A person who knowingly or intentionally applies for a job as a
nurse aide or other unlicensed employee at:
(1) a health care facility; or
(2) an entity in the business of contracting to provide nurse aides
or other unlicensed employees for a health care facility;
after a conviction of one (1) or more of the offenses listed in subsection
(a)(1) commits a Class A infraction.
SECTION 131. IC 16-29-7-7, AS ADDED BY P.L.202-2018,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) The commissioner or the commissioner's
designee shall calculate the total statewide comprehensive care bed
supply rate and the total county comprehensive care bed supply by
determining the number of licensed comprehensive care beds
aggregated statewide by county.
(b) The commissioner or the commissioner's designee shall
determine the projected statewide population and the projected county
population that are at least sixty-five (65) years of age by using census
bureau data or a similar data source for the year that is at least two (2)
years after the year in which a county comprehensive care bed need is
published for a review period.
(c) The state department shall publish the projections determined
under this section on the state department's web site. website.
SECTION 132. IC 16-29-7-12, AS ADDED BY P.L.202-2018,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. (a) Before July 1, 2019, and before July 1 of
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each year thereafter, the commissioner or the commissioner's designee
shall complete the following:
(1) Determine the state comprehensive care bed need rate as set
forth in section 8 of this chapter.
(2) For each county, determine the county's comprehensive care
bed need as set forth in section 9 of this chapter.
(b) The state department shall publish each county's comprehensive
care bed need determined under subsection (a)(2) on the state
department's Internet web site website not later than one (1) month
after the determination is made under subsection (a).
(c) In considering whether to approve a certificate of need
application under this chapter, the commissioner or the commissioner's
designee shall ensure that an application is in accordance with all of the
following:
(1) The number of comprehensive care beds approved for a
county must include only comprehensive care beds available for
relocation from counties with an excess comprehensive care bed
supply.
(2) The number of comprehensive care beds approved for a
county shall not exceed the receiving county's comprehensive care
bed need as determined under subsection (a)(2).
(3) A certificate of need may not be granted if in the receiving
county:
(A) the existing occupancy rate for all comprehensive care
beds is less than eighty-five percent (85%); or
(B) the addition of a proposed comprehensive care bed would
reduce the existing occupancy rate for all comprehensive care
beds below eighty-five percent (85%).
(4) The relocation of a comprehensive care bed to a different
county may occur only if, after the relocation, the number of
comprehensive care beds in the county from which the
comprehensive care bed is relocated will still exceed the county's
comprehensive care bed need determined under subsection (a)(2)
by at least fifty (50) comprehensive care beds.
(d) In determining need, the commissioner or the commissioner's
designee shall consider the following criteria when reviewing a
certificate of need application:
(1) The need that the population served or proposed to be served
has for the services to be provided upon implementation of a
project detailed in the certificate of need application.
(2) The quality of care provided in previous or existing
comprehensive care health facilities owned or operated by the
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applicant, including responses to resident and family satisfaction
surveys.
(3) The applicant's plan to meet staffing requirements for the
project as required by 410 IAC 16.2-3.1-2(c)(6).
(4) The short term and long term financial feasibility, the cost
effectiveness of the project, and the financial impact upon the
applicant, other providers, health care consumers, and the state's
Medicaid program. The applicant shall include the following with
the certificate of need application:
(A) The availability and proof of financing for the project.
(B) The operating costs specific to the project and the effect of
the costs on the operating budget of the facility based on
review of available balance sheets, cash flow statements, and
audited financial statements.
(C) The anticipated costs for the project that would be filed in
Medicaid cost reports compared to the median Medicaid costs
associated with other comprehensive care health facilities in
the county.
(D) The applicant's historical ability to meet the working
capital requirement under 410 IAC 16.2-3.1-2(c)(11).
(5) The historical, current, and projected use of the facility if the
application is for a project that involves an existing
comprehensive care health facility.
(6) The relationship of the project to the applicant's long range
plan and the planning process employed.
(7) The effectiveness of the project in meeting the health care
needs of medically underserved groups, including:
(A) low income individuals;
(B) individuals with disabilities; and
(C) minorities;
and, if applicable, the applicant's historical experience in meeting
the needs of underserved groups.
(8) The availability of and impact on ancillary and support
services that relate to the project, including the following
services:
(A) Dental care.
(B) Diagnostics.
(C) Laboratory.
(D) Pharmaceutical.
(E) Therapy.
(F) Transportation.
(G) Vision.
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(H) X-ray.
(9) The extent to which the project, the facility, and the applicant
comply with applicable standards for licensure, certification, and
other approvals.
(10) The historical performance of the applicant and affiliated
parties in complying with previously granted certificate of need
applications.
(11) The public comments submitted to the state department
under section 13 of this chapter.
(12) The applicant's legal right or demonstration of a future legal
right to the beds proposed to be transferred under the application.
(13) Any other information concerning the need for the
comprehensive care beds or the comprehensive care health
facility requested on the application.
Except for public comments under subdivision (11), the applicant has
the burden of including with the application sufficient information for
each of the criteria for the commissioner or the commissioner's
designee to review.
(e) The certificate of need applicant has the burden of providing
sufficient information under this section to enable the commissioner or
the commissioner's designee to review the application under this
section.
(f) The commissioner or the commissioner's designee shall approve
a certificate of need application for:
(1) the transfer of comprehensive care beds; or
(2) the construction of a comprehensive care health facility
consisting of transferred beds;
only after finding the transfer or construction is necessary as provided
in this section.
SECTION 133. IC 16-30-3-2, AS ADDED BY P.L.110-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) The state department, in consultation with
the office of the secretary of family and social services, shall study and
prepare a plan to prevent or reduce the prevalence of health issues, or
improve the health and behavioral health of Indiana residents based on
metrics for measuring, and goals to improve, the following:
(1) Training concerning mental health.
(2) Tobacco or nicotine use and the pulmonary and cardiac effects
from the use.
(3) Food insecurities.
(4) Adverse behavioral and mental health outcomes.
(5) Lead exposure.
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(6) Obesity.
(7) Diabetes.
(8) Cardiovascular diseases, including hypertension and
hyperlipidemia.
(9) Hepatitis C.
(10) The frequency of cancer screening.
(11) Other critical health issues for a specific:
(A) region;
(B) county;
(C) sex; or
(D) ethnicity;
that ranks in the bottom quintile for that specific health issue
metric.
(b) Before July 1, 2022, the state department shall submit and
present the written plan prepared under this section to the interim study
committee on public health, behavioral health, and human services
established by IC 2-5-1.3-4.
(c) Before July 1, 2022, the state department shall establish and
maintain on the department's Internet web site website a web page that
indicates the performance and progress of the metrics and goals
identified in the plan prepared under subsection (a).
(d) Before July 1, 2023, and before July 1 of each year thereafter,
the state department shall prepare, submit, and present to the interim
study committee on public health, behavioral health, and human
services established by IC 2-5-1.3-4 a report on the grants awarded
under IC 16-46-16.5-6 and the progress made in meeting the metrics
and goals identified in the plan submitted under this section.
SECTION 134. IC 16-31-4.5-2, AS ADDED BY P.L.210-2025,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) As used in this section, "employing entity"
means an entity that employs:
(1) an emergency medical responder;
(2) an emergency medical technician;
(3) an advanced emergency medical technician; or
(4) a paramedic.
(b) An employing entity or an individual described in subsection
(a)(1) through (a)(4) shall enter into a written agreement with a facility
described in section 1 of this chapter detailing procedures for the
transport of individuals to the facility, including the following
information:
(1) The facility's operating hours.
(2) Criteria for determining whether the facility is an appropriate
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facility to transport the individual.
(3) Procedures for:
(A) directing the transport of an individual to another facility;
and
(B) individuals who decline care or transport to a facility.
SECTION 135. IC 16-31-11.5-2, AS ADDED BY P.L.69-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The commission shall post the following on the
department of homeland security's Internet web site: website:
(1) The application for a temporary license or certification
described in section 1 of this chapter.
(2) A list of the names of individuals who have been granted a
temporary license or certification by the commission under this
chapter.
SECTION 136. IC 16-31.5-12-4, AS ADDED BY P.L.3-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) Prior to promulgation and adoption of a
final rule by the commission, and at least sixty (60) days in advance of
the meeting at which the rule will be considered and voted upon, the
commission shall file a notice of proposed rulemaking:
(1) on the Internet web site website of the commission; and
(2) on the Internet web site website of each member state EMS
authority or the publication in which each state would otherwise
publish proposed rules.
(b) The notice of proposed rulemaking shall include:
(1) the proposed time, date, and location of the meeting in which
the rule will be considered and voted upon;
(2) the text of the proposed rule or amendment and the reason for
the proposed rule;
(3) a request for comments on the proposed rule from any
interested person; and
(4) the manner in which interested persons may submit notice to
the commission of their intention to attend the public hearing and
any written comments.
SECTION 137. IC 16-31.5-12-12, AS ADDED BY P.L.3-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. (a) The commission or an authorized
committee of the commission may direct revisions to a previously
adopted rule or amendment for purposes of correcting typographical
errors, errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the Internet web site
website of the commission.
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(b) The revisions shall be subject to challenge by any person for a
period of thirty (30) days after posting. The revision may be challenged
only on grounds that the revision results in a material change to a rule.
(c) A challenge shall be made in writing, and delivered to the chair
of the commission prior to the end of the notice period. If no challenge
is made, the revision will take effect without further action. If the
revision is challenged, the revision may not take effect without the
approval of the commission.
SECTION 138. IC 16-32-2-9, AS ADDED BY P.L.166-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) The Indiana department of administration
shall, in consultation with the committee, adopt rules under IC 4-22-2
to do the following:
(1) Increase contracting opportunities for qualified nonprofit
agencies with a goal to procure in each state fiscal year at least
one and one-half percent (1.5%) of state contracts with qualified
nonprofit agencies.
(2) Develop procurement policies and procedures to accomplish
the goal described in subdivision (1), including guidelines to be
followed by the Indiana department of administration in
conducting the Indiana department of administration's
procurement efforts.
(b) The procurement policies developed under subsection (a)(2) 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.
(c) The goal set under subsection (a) must be administered so as not
to diminish any of the goals adopted under IC 4-13-16.5.
(d) The Indiana department of administration 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 Indiana department of administration shall submit a
report to the governor, the committee, and the legislative council in an
electronic format under IC 5-14-6. The report must include the
following information:
(1) The percentage goal obtained by the Indiana department of
administration during the previous state fiscal year.
(2) A summary of why the Indiana department of administration
failed to meet the goal and what actions are being taken by the
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Indiana department of administration to meet the goal in the
current state fiscal year.
(e) The Indiana department of administration shall post the report
described in subsection (d) on the Indiana department of
administration's Internet web site website not later than thirty (30) days
after the report is submitted.
SECTION 139. IC 16-34-2-1, AS AMENDED BY
P.L.179-2022(ss), SECTION 21, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) Abortion shall in
all instances be a criminal act, except when performed under the
following circumstances:
(1) Except as prohibited in IC 16-34-4, before the earlier of
viability of the fetus or twenty (20) weeks of postfertilization age
of the fetus, if:
(A) for reasons based upon the professional, medical judgment
of the pregnant woman's physician, if either:
(i) the abortion is necessary when reasonable medical
judgment dictates that performing the abortion is necessary
to prevent any serious health risk to the pregnant woman or
to save the pregnant woman's life; or
(ii) the fetus is diagnosed with a lethal fetal anomaly;
(B) the abortion is performed by the physician in a hospital
licensed under IC 16-21 or an ambulatory outpatient surgical
center (as defined in IC 16-18-2-14) that has a majority
ownership by a hospital licensed under IC 16-21;
(C) the woman submitting to the abortion has filed her consent
with her physician. However, if in the judgment of the
physician the abortion is necessary to preserve the life of the
woman, her consent is not required;
(D) the woman submitting to the abortion has filed with her
physician the written consent of her parent or legal guardian
if required under section 4 of this chapter; and
(E) before the abortion, the attending physician shall certify in
writing to the hospital or ambulatory outpatient surgical center
in which the abortion is to be performed, that:
(i) in the attending physician's reasonable medical judgment,
performing the abortion is necessary to prevent any serious
health risk to the pregnant woman or to save the pregnant
woman's life; or
(ii) the fetus has been diagnosed with a lethal fetal anomaly.
All facts and reasons supporting the certification shall be set
forth by the physician in writing and attached to the certificate.
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However, under this article, an abortion inducing drug may not be
dispensed, prescribed, administered, or otherwise given to a
pregnant woman after eight (8) weeks of postfertilization age. A
physician must dispense the abortion inducing drug in person and
have the pregnant woman consume the drug in the presence of the
physician. A physician shall examine a pregnant woman in person
before prescribing or dispensing an abortion inducing drug. The
physician shall provide the pregnant woman with a copy of the
manufacturer's instruction sheets and require that the pregnant
woman sign the manufacturer's patient agreement form. A
physician shall also provide, orally and in writing, along with
other discharge information, the following statement: "Some
evidence suggests that the effects of Mifepristone may be
avoided, ceased, or reversed if the second pill, Misoprostol, has
not been taken. Immediately contact the following for more
information at (insert applicable abortion inducing drug reversal
Internet web site website and corresponding hotline number).".
The physician shall retain a copy of the signed patient agreement
form, and the signed physician's agreement form required by the
manufacturer, in the patient's file. As used in this subdivision, "in
person" does not include the use of telehealth or telemedicine
services.
(2) Except as prohibited by IC 16-34-4, during the first ten (10)
weeks of postfertilization age of the fetus, if:
(A) the pregnancy is a result of rape or incest;
(B) all the circumstances and provisions required for legal
abortion set forth in subdivision (1)(C) through (1)(D) are
present and adhered to;
(C) the abortion is performed in a hospital licensed under
IC 16-21 or ambulatory outpatient surgical center (as defined
in IC 16-18-2-14) that has a majority ownership by a hospital
licensed under IC 16-21; and
(D) before the abortion, the attending physician shall certify in
writing to the ambulatory outpatient surgical center or hospital
in which the abortion is to be performed, after proper
examination, the abortion is being performed at the woman's
request because the pregnancy is the result of rape or incest.
All facts and reasons supporting the certification shall be set
forth by the physician in writing and attached to the certificate.
(3) Except as provided in subsection (b) or as prohibited by
IC 16-34-4, at the earlier of viability of the fetus or twenty (20)
weeks of postfertilization age and any time after, for reasons
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based upon the professional, medical judgment of the pregnant
woman's physician if:
(A) based on reasonable medical judgment, performing the
abortion is necessary to prevent any serious health risk to the
pregnant woman or to save the pregnant woman's life;
(B) all the circumstances and provisions required for legal
abortion set forth in subdivision (1)(C) through (1)(D) are
present and adhered to;
(C) the abortion is performed in a hospital licensed under
IC 16-21;
(D) the abortion is performed in compliance with section 3 of
this chapter; and
(E) before the abortion, the attending physician shall certify in
writing to the hospital in which the abortion is to be
performed, that in the attending physician's reasonable medical
judgment, performing the abortion is necessary to prevent any
serious health risk to the pregnant woman or to save the
pregnant woman's life. All facts and reasons supporting the
certification shall be set forth by the physician in writing and
attached to the certificate.
(b) A person may not knowingly or intentionally perform a partial
birth abortion unless a physician reasonably believes that:
(1) performing the partial birth abortion is necessary to save the
mother's life; and
(2) no other medical procedure is sufficient to save the mother's
life.
(c) A person may not knowingly or intentionally perform a
dismemberment abortion unless reasonable medical judgment dictates
that performing the dismemberment abortion is necessary:
(1) to prevent any serious health risk to the mother; or
(2) to save the mother's life.
(d) Telehealth and telemedicine may not be used to provide any
abortion, including the writing or filling of a prescription for any
purpose that is intended to result in an abortion.
SECTION 140. IC 16-34-2-1.5, AS AMENDED BY P.L.170-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1.5. (a) The state department shall develop an
informed consent brochure and post the informed consent brochure on
the state department's Internet web site. website.
(b) The state department shall develop an informed consent
brochure that includes the following:
(1) Objective scientific information concerning the probable
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anatomical and physiological characteristics of a fetus every two
(2) weeks of gestational age, including the following:
(A) Realistic pictures in color for each age of the fetus,
including the dimensions of the fetus.
(B) Whether there is any possibility of the fetus surviving
outside the womb.
(2) Objective scientific information concerning the medical risks
associated with each abortion procedure or the use of an abortion
inducing drug, including the following:
(A) The risks of infection and hemorrhaging.
(B) The potential danger:
(i) to a subsequent pregnancy; or
(ii) of infertility.
(3) Information concerning the medical risks associated with
carrying the child to term.
(4) Information that medical assistance benefits may be available
for prenatal care, childbirth, and neonatal care.
(5) Information that the biological father is liable for assistance in
support of the child, regardless of whether the biological father
has offered to pay for an abortion.
(6) Information regarding telephone 211 dialing code services for
accessing human services as described in IC 12-13-16, and the
types of services that are available through this service.
(7) Information concerning Indiana's safe haven law under
IC 31-34-2.5-1.
(8) Information that, under certain conditions, a pregnant woman
may relinquish a child who is, or who appears to be, not more
than thirty (30) days of age:
(A) to an emergency medical services provider (as defined in
IC 16-41-10-1); or
(B) in a newborn safety device described in IC 31-34-2.5-1.
(c) In the development of the informed consent brochure described
in this section, the state department shall use information and pictures
that are available at no cost or nominal cost to the state department.
(d) The informed consent brochure must include the requirements
specified in this chapter.
SECTION 141. IC 16-34-2-4.7, AS AMENDED BY
P.L.179-2022(ss), SECTION 26, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 4.7. (a) As used in this
section, "abortion complication" means only the following physical or
psychological conditions arising from the induction or performance of
an abortion:
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(1) Uterine perforation.
(2) Cervical laceration.
(3) Infection.
(4) Vaginal bleeding that qualifies as a Grade 2 or higher adverse
event according to the Common Terminology Criteria for Adverse
Events (CTCAE).
(5) Pulmonary embolism.
(6) Deep vein thrombosis.
(7) Failure to terminate the pregnancy.
(8) Incomplete abortion (retained tissue).
(9) Pelvic inflammatory disease.
(10) Missed ectopic pregnancy.
(11) Cardiac arrest.
(12) Respiratory arrest.
(13) Renal failure.
(14) Shock.
(15) Amniotic fluid embolism.
(16) Coma.
(17) Placenta previa in subsequent pregnancies.
(18) Pre-term delivery in subsequent pregnancies.
(19) Free fluid in the abdomen.
(20) Hemolytic reaction due to the administration of
ABO-incompatible blood or blood products.
(21) Hypoglycemia occurring while the patient is being treated at
the hospital or ambulatory outpatient surgical center.
(22) Allergic reaction to anesthesia or abortion inducing drugs.
(23) Psychological complications, including depression, suicidal
ideation, anxiety, and sleeping disorders.
(24) Death.
(25) Any other adverse event as defined by criteria provided in
the Food and Drug Administration Safety Information and
Adverse Event Reporting Program.
(b) The following persons shall report to the state department each
case in which the person treated a patient suffering from an abortion
complication:
(1) A physician licensed under IC 25-22.5.
(2) A hospital licensed under IC 16-21.
(3) Beginning September 1, 2022, an ambulatory outpatient
surgical center licensed under IC 16-21-2.
(c) The state department shall develop a process for the submission
of a report under this section.
(d) A report under this section shall be submitted to the state
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department in the manner prescribed by the state department.
(e) The report under this section must include the following
information concerning the abortion complication:
(1) The date the patient presented for treatment for the abortion
complication.
(2) The age of the patient.
(3) The race of the patient.
(4) The county and state of the patient's residence.
(5) The type of abortion obtained by the patient.
(6) The date of abortion obtained by the patient.
(7) The name of the:
(A) hospital; or
(B) ambulatory outpatient surgical center;
where the patient obtained the abortion.
(8) Whether the patient obtained abortion medication via mail
order or Internet web site, website, and if so, information
identifying the source of the medication.
(9) Whether the complication was previously managed by the
abortion provider or the abortion provider's required back-up
physician.
(10) The name of the medications taken by the patient as part of
the pharmaceutical abortion regimen, if any.
(11) A list of each diagnosed complication.
(12) A list of each treated complication, with a description of the
treatment provided.
(13) Whether the patient's visit to treat the complications was the
original visit or a follow-up visit.
(14) The date of each follow-up visit, if any.
(15) A list of each complication diagnosed at a follow-up visit, if
any.
(16) A list of each complication treated at a follow-up visit, if any.
(f) On a quarterly basis, the state department shall compile a public
report summarizing the information collected under this section. The
report must include statistics for the previous calendar quarter, with
updated information for the most recent calendar quarter.
(g) The state department shall summarize the aggregate data from
the data submitted under this section and submit the data, on or before
June 30 of each year, to the United States Centers for Disease Control
and Prevention for its inclusion in the annual Vital Statistics Report.
(h) The state department shall ensure that no identifying information
of a pregnant woman is included in the report described in subsection
(f).
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(i) This subsection applies after August 31, 2020. Each failure to
report an abortion complication as required under this section is a Class
B misdemeanor.
(j) The state department shall adopt rules under IC 4-22-2 to
implement this section.
SECTION 142. IC 16-35-8-10, AS AMENDED BY P.L.108-2019,
SECTION 205, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 10. (a) The parent or guardian of a
child may at any time apply to the state department for funding through
the hearing aid assistance program.
(b) Upon receipt of an application made under subsection (a), if the
state department determines that the child is eligible under section 9(b)
of this chapter, the state department may, subject to subsection (c), pay
from the fund an amount per hearing aid not to exceed a maximum
amount per hearing aid determined by the state department.
(c) The state department shall issue guidelines establishing a cost
participation standard for the amount of a parent's or guardian's
expected contribution toward the purchase of a hearing aid for which
assistance is granted under this chapter. The state department shall post
the guidelines on the state department's Internet web site. website.
SECTION 143. IC 16-35-8-12, AS AMENDED BY P.L.108-2019,
SECTION 206, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 12. (a) The state department shall
give funding priority to applications under this chapter for eligible
children who are less than fourteen (14) years of age.
(b) The funding priority described in subsection (a) has the highest
priority. However, the state department may issue guidelines
establishing additional funding priorities to give to applications that are
submitted under this chapter. If the state department issues guidelines
under this subsection, the state department shall post the guidelines on
the state department's Internet web site. website.
SECTION 144. IC 16-35-9.2-2, AS ADDED BY P.L.63-2015,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The state department shall do the following:
(1) Approve the information identified under section 1 of this
chapter for use by:
(A) health care facilities and health care providers that furnish
prenatal care or genetic counseling to expectant parents who
receive a prenatal test result for Down syndrome or any other
condition diagnosed prenatally; and
(B) parents of a child diagnosed with Down syndrome or any
other condition diagnosed prenatally.
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(2) Make available the information identified under section 1 of
this chapter on the state department's Internet web site. website.
SECTION 145. IC 16-35-11-4, AS ADDED BY P.L.292-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) The state department shall establish
guidelines for health care providers treating substance use disorder in
pregnancy. When developing the guidelines, the state department shall
consult with the Indiana perinatal quality improvement collaborative.
(b) The state department shall make the guidelines established
under subsection (a) available on the state department's Internet web
site. website.
SECTION 146. IC 16-36-6-21, AS AMENDED BY P.L.10-2019,
SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 21. (a) A physician order for scope of treatment
document that was executed by a qualified person in another state may
be honored if the following conditions are met:
(1) The physician order for scope of treatment document is on a
form prepared by a state agency and was executed according to
the laws and rules of that state.
(2) A:
(A) licensed physician, advanced practice registered nurse, or
physician assistant; and
(B) qualified person or representative;
have signed and dated the physician order for scope of treatment
document.
(3) The physician order for scope of treatment document is in
English.
(b) The state department shall maintain on the state department's
Internet web site website a list of, or a web site website link to, each
state that may honor a POST form.
SECTION 147. IC 16-36-7-30, AS ADDED BY P.L.50-2021,
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 30. (a) The state department shall maintain a list
of resources on its Internet web site, website, including sample
advance directive forms that are consistent with this chapter.
(b) A declarant is not required to use any official or unofficial form
to prepare and sign a valid advance directive.
SECTION 148. IC 16-41-17-2, AS AMENDED BY P.L.77-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) Subject to subsection (d), every infant shall
be given examinations at the earliest feasible time for the detection of
the following disorders:
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(1) Phenylketonuria.
(2) Hypothyroidism.
(3) Hemoglobinopathies, including sickle cell anemia.
(4) Galactosemia.
(5) Maple Syrup urine disease.
(6) Homocystinuria.
(7) Inborn errors of metabolism that result in an intellectual
disability and that are designated by the state department.
(8) Congenital adrenal hyperplasia.
(9) Biotinidase deficiency.
(10) Disorders detected by tandem mass spectrometry or other
technologies with the same or greater detection capabilities as
tandem mass spectrometry, if the state department determines that
the technology is available for use by a designated laboratory
under section 7 of this chapter.
(11) Spinal muscular atrophy.
(12) Severe combined immunodeficiency.
(13) Beginning July 1, 2020, Krabbe disease.
(14) Beginning July 1, 2020, Pompe disease.
(15) Beginning July 1, 2020, Hurler syndrome (MPS1).
(16) Adrenoleukodystrophy (ALD).
(17) Beginning July 1, 2022, and in addition to the disorders
listed in subdivisions (1) through (16), only a disorder
recommended by a perinatal genetics and genomics advisory
committee with expertise in newborn screening and through
protocols prescribed by the state department.
Beginning July 1, 2022, a perinatal genetics and genomics advisory
committee with expertise in newborn screening, and through protocols
established by the state department, may recommend the addition of a
disorder to, or deletion of a disorder from, the required examination
under this subsection. The state department shall adopt rules under
IC 4-22-2 to add disorders to, or delete disorders from, the required
examination under this subsection. The state department shall include
any disorder added to or deleted from the required examination on a list
on the state department's Internet web site. website. The perinatal
genetics and genomics advisory committee shall affirm the addition of,
or deletion of, any disorder to the examination requirement on an
annual basis.
(b) Subject to subsection (d), every infant shall be given a
physiologic hearing screening examination at the earliest feasible time
for the detection of hearing impairments.
(c) Subject to subsection (d), every infant shall be given a pulse
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oximetry screening examination in accordance with rules adopted by
the state department for the detection of low oxygen levels. Section
10(a)(2) of this chapter does not apply to this subsection.
(d) If a parent of an infant objects in writing, for reasons pertaining
to religious beliefs only, the infant is exempt from the examinations
required by this chapter.
SECTION 149. IC 16-41-18.5-2, AS ADDED BY P.L.108-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) The state department may promote a
national lupus organization's initiatives to educate and train physicians,
other health care providers, and human services providers on the most
current and accurate scientific and medical information regarding the
following concerning lupus:
(1) Diagnosis.
(2) Treatment.
(3) Risks and benefits of medications.
(4) Research advances.
(5) Therapeutic decision making, including medical best practices
for diagnosing and treatment.
(b) The state department may distribute medically sound health
information on the state department's Internet web site website for
review by the following:
(1) Local health departments.
(2) Schools.
(3) The division of aging.
(4) Employer wellness programs.
(5) Physicians and other health care providers.
(6) Hospitals.
SECTION 150. IC 16-41-18.6-2, AS ADDED BY P.L.108-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) The state department may promote a
national Parkinson's disease organization's initiatives to educate and
train physicians, other health care providers, and human services
providers on the most current and accurate scientific and medical
information regarding the following concerning Parkinson's disease:
(1) Diagnosis.
(2) Treatment.
(3) Risks and benefits of medications.
(4) Research advances.
(5) Therapeutic decision making, including medical best practices
for diagnosing and treatment.
(b) The state department may distribute medically sound health
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information on the state department's Internet web site website for
review by the following:
(1) Local health departments.
(2) Schools.
(3) The division of aging.
(4) Employer wellness programs.
(5) Physicians and other health care providers.
(6) Hospitals.
SECTION 151. IC 16-42-5-32, AS AMENDED BY P.L.91-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 32. (a) As used in this section, "micro market"
means an unstaffed, self-checkout retail food establishment that:
(1) consists of one (1) or more micro market displays that do not
exceed seventy-five (75) linear feet in total length across the front
of all displays in any one (1) location;
(2) contains an automated payment system;
(3) is located indoors and within a business;
(4) is accessible only to an:
(A) owner or employee of the business; or
(B) escorted guest; and
(5) is not accessible to the general public.
(b) As used in this section, "micro market display" means any of the
following in which food is displayed:
(1) An open rack.
(2) A refrigerator or a refrigerated cooler.
(3) A freezer.
(4) A vending machine.
(5) A beverage dispenser.
(6) A hot beverage brewer.
(c) As used in this section, "vending machine" means a self-service
device that, upon activation, by the use of:
(1) a coin;
(2) paper currency;
(3) a token;
(4) a card;
(5) a key; or
(6) a software application on a smartphone;
or by optional manual operation, dispenses unit servings of food in bulk
or in packages without the necessity of replenishing the device between
each vending operation.
(d) Notwithstanding any other state law or administrative rule, the
owner or operator of a micro market is not required to have a person in
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charge present at the micro market, as otherwise required under 410
IAC 7-24 or under any successor rule adopted by the state department,
if the following requirements are met:
(1) The following security measures are used for the micro
market:
(A) The micro market location includes video surveillance that
operates on a twenty-four (24) hour per day, seven (7) day per
week basis and:
(i) records consumers viewing, selecting, handling, and
purchasing products from the micro market; and
(ii) provides sufficient resolution to identify consumers
described in item (i).
(B) The video surveillance recordings described in clause (A)
are:
(i) maintained; and
(ii) available for inspection upon request by the state
department or another applicable regulatory agency;
for fourteen (14) days after the date of the surveillance.
(C) A video surveillance recording requested for inspection
under clause (B) is made available to the state department or
other requesting regulatory agency not later than twenty-four
(24) hours after the time the request is received by the owner
or operator of the micro market.
(D) The automated self-checkout equipment used in the micro
market has the capability to match a purchase with the
consumer who made the purchase.
(2) The only food sold at the micro market is commercially
prepackaged food, ready to eat fruit, and hot beverages. Except
for hot beverages, all food must be sold unheated.
(3) Prepackaged food sold at the micro market is contained in
tamper evident packaging.
(4) Prepackaged food sold at the micro market contains the
following information on its packaging:
(A) Except as exempted under the federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.), nutrition labeling for the
food as specified in 21 CFR 101 and 9 CFR 317, Subpart B.
(B) A freshness or expiration date.
(C) The labeling requirements set forth in 410 IAC 7-24-146
or in any successor rule adopted by the state department.
(5) Refrigerated or frozen food sold in the micro market is stored
in a refrigerated cooler or freezer that:
(A) maintains an internal temperature:
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(i) of forty-one (41) degrees Fahrenheit or less; or
(ii) as otherwise necessary for food safety, as established by
the state department;
(B) has self-closing doors;
(C) allows the food to be viewed without opening the door to
the refrigerated cooler or freezer; and
(D) has an automatic self-locking feature that prevents a
consumer from accessing the food upon the occurrence of any
condition (including a power failure or mechanical failure)
that results in the failure of the refrigerated cooler or freezer to
maintain the internal temperature set forth in clause (A).
(6) There is a sign that:
(A) is posted at the location of the micro market;
(B) is readily visible from the automated payment system; and
(C) contains the following information that is printed entirely
in English and that may also, at the discretion of the owner or
operator of the micro market, be printed in any other prevalent
language of the customers of the micro market:
(i) The name of the owner or operator of the micro market to
whom complaints and comments concerning the micro
market may be addressed.
(ii) The business address of the owner or operator of the
micro market.
(iii) The telephone number of the owner or operator of the
micro market.
(iv) The electronic mail address and Internet web site
website information for the owner or operator of the micro
market, as applicable.
(e) Notwithstanding any other law, administrative rule, or local
ordinance, an owner or operator of a micro market shall not be required
to:
(1) submit any documentation; or
(2) be subject to any:
(A) pre-plan review;
(B) inspection process; or
(C) approval process;
by the state department, corporation, or local health department
before the installation of a micro market.
An owner or operator of a micro market must notify the corporation or
local health department where the micro market is located not later
than ten (10) business days after the installation of the micro market.
An owner or operator of a micro market shall not be subject to any fee
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associated with the notification described in this subsection.
SECTION 152. IC 16-42-25-7, AS ADDED BY P.L.96-2014,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) The Indiana board of pharmacy shall
maintain a link on the board's Internet web site website to the current
list of all biological products determined by the United States Food and
Drug Administration to be interchangeable with a specific reference
biological product.
(b) The Indiana board of pharmacy may adopt rules under IC 4-22-2
necessary to implement this chapter.
SECTION 153. IC 16-42-26.5-5, AS ADDED BY P.L.215-2025,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) Written informed consent as required under
section 4(4) of this chapter must include the following:
(1) An explanation of the currently approved products and
treatments for the individual's disease or condition.
(2) An attestation by the individual of the individual's life
threatening or severely debilitating condition disease and that
the individual concurs with the individual's physician that all
currently approved treatments are unlikely to prolong the
individual's life or improve the individual's life threatening or
severely debilitating condition. disease.
(3) A clear identification of the specific individualized
investigational treatment proposed to be used to treat the
individual.
(4) A description of the best and worst outcomes, including the
most likely outcome, resulting from use of the individualized
investigational treatment of the individual's life threatening or
severely debilitating illness. disease.
(5) A statement acknowledging that new, unanticipated, different,
or worse symptoms or death may result from the proposed
treatment.
(6) A statement that the individual's health insurance may not be
obligated to pay for any care or treatment and that the patient may
be liable for all expenses of the treatment unless specifically
required to do so by contract or law.
(7) A statement that eligibility for hospice care may be withdrawn
if the individual begins individualized investigational treatment
and does not meet hospice care eligibility requirements.
(8) A statement that the individual or the individual's legal
guardian consents to the individualized investigational treatment
for the life threatening or severely debilitating illness. disease.
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(b) The description of outcomes described in subsection (a)(4) must
be based on the treating physician's knowledge of both the
individualized investigational treatment and the individual's life
threatening or severely debilitating disease.
SECTION 154. IC 16-42-28-5, AS ADDED BY P.L.235-2025,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) In collaboration with the workgroup
established under section 10 of this chapter, the state department shall:
(1) establish an application for an owner or operator to apply for
and receive a statewide mobile retail food establishment license;
and
(2) subject to subsection (b), establish a combined fee for an
annual license and an inspection to be paid for:
(A) the issuance or renewal of a statewide mobile retail food
establishment license; and
(B) any inspection of a mobile retail food establishment during
the period when the license is in effect.
(b) Beginning January 1, 2027, a local health department may
charge one (1) combined fee under subsection (a)(2) for an annual
license and inspection in an amount equal to four hundred fifty dollars
($450). Of the combined fee collected by a local health department for
each annual license and inspection, the following conditions apply:
(1) The local health department shall retain two hundred dollars
($200) of each combined fee, which must be used for costs
incurred in conducting local inspections.
(2) The local health department shall distribute the remaining two
hundred fifty dollars ($250) of each combined fee, on a monthly
basis, to the state department.
SECTION 155. IC 16-46-12-3.5, AS ADDED BY P.L.30-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.5. (a) The state department may establish a bone
marrow donor recruitment program to educate Indiana residents about
the following:
(1) The need for bone marrow donors, including the particular
need for donors from minority populations.
(2) The requirements for registering as a potential bone marrow
donor with the federally authorized bone marrow donor registry
established and maintained under 42 U.S.C. 274k.
(3) The procedures for determining an individual's tissue type.
(4) The medical procedures an individual must undergo to donate
bone marrow or other sources of blood stem cells.
(5) The availability of information in health care facilities, blood
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banks, and the bureau of motor vehicles license branches about
bone marrow donation.
(b) The state department, in consultation with:
(1) the federally authorized bone marrow donor registry; and
(2) interested contracted network partners of the registry
described in subdivision (1);
shall develop written and electronic informational materials concerning
bone marrow donation and the process for registering with the federally
authorized bone marrow donor registry. In the alternative, the state
department may obtain the required informational materials from an
entity described in subdivision (1) or (2). The state department shall
provide links to the materials on the state department's Internet web
site. website.
(c) The following may print and disseminate the materials described
in subsection (b) to individuals interested in the materials:
(1) Appropriate health care facilities.
(2) Blood banks.
(3) Bureau of motor vehicles license branches.
SECTION 156. IC 16-46-16.5-8, AS ADDED BY P.L.110-2021,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. The management performance hub established
by IC 4-3-26-8 shall develop and publish on an Internet web site a
website a web page that tracks Indiana's metrics on the most significant
areas of health and behavioral health impacting Indiana residents, as
identified by the state department, and demonstrate any progress made
in these metrics. The web page must include specific progress reported
by organizations awarded a grant under the grant program.
SECTION 157. IC 16-49-4-11, AS ADDED BY P.L.119-2013,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) The statewide child fatality review
committee shall submit to the legislative council, governor, department
of child services, state department, and commission on improving the
status of children in Indiana on or before December 31 of each year a
report that includes the following information:
(1) A summary of the data collected and reviewed by the
statewide child fatality review committee in the previous calendar
year.
(2) Trends and patterns that have been identified by the statewide
child fatality review committee concerning deaths of children in
Indiana.
(3) Recommended actions or resources to prevent future child
fatalities in Indiana.
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A report submitted under this section to the legislative council must be
in an electronic format under IC 5-14-6.
(b) The statewide child fatality review committee shall provide a
copy of a report submitted under this section to a member of the public
upon request.
(c) The state department shall make the report available on the state
department's Internet web site. website.
SECTION 158. IC 16-50-1-9, AS ADDED BY P.L.48-2018,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) The statewide maternal mortality review
committee shall, before July 1 of each year, submit a report to the state
department that includes the following information:
(1) A summary of the data collected regarding the reviews
conducted by the statewide maternal mortality review committee.
(2) Actions recommended by the statewide maternal mortality
review committee to improve systems of care and enhance
coordination to reduce maternal morbidity and maternal mortality
in Indiana.
(3) Legislative recommendations for consideration by the general
assembly.
(b) A report released under this section must not contain identifying
information relating to the deaths reviewed by the statewide maternal
mortality review committee.
(c) The state department shall make a report prepared under this
section available to public inspection and post the report on the state
department's Internet web site. website.
SECTION 159. IC 16-51-1-1, AS AMENDED BY P.L.216-2025,
SECTION 37, AND AS AMENDED BY P.L.213-2025, SECTION
156, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1. (a) This chapter applies to an
Indiana nonprofit hospital system.
(b) This chapter does not apply to the following:
(1) A hospital licensed under IC 16-21-2 that is operated by:
(A) a county;
(B) a city pursuant to IC 16-23; or
(C) the health and hospital corporation established under
IC 16-22-8.
(2) A critical access hospital that meets the criteria under 42 CFR
485.601 through 42 CFR 485.647.
(3) A rural health clinic (as defined in 42 U.S.C. 1396d(l)(1)).
(4) A federally qualified health center (as defined in 42 U.S.C.
1396d(l)(2)(B)).
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(5) An oncology treatment facility, even if owned or operated by
a hospital.
(6) A health facility licensed under IC 16-28.
(7) A community mental health center certified under
IC 12-21-2-3(5)(C).
(8) A private mental health institution licensed under IC 12-25,
including a service facility location for a private mental health
institution and reimbursed as a hospital-based outpatient service
site.
(9) A facility that:
(A) has a place of service code 20, as published in the place
of service code set maintained by the federal Centers for
Medicare and Medicaid Services; and
(B) is located in a municipality with a population of less than
twenty thousand (20,000).
(9) (10) Services provided for the treatment of individuals with
psychiatric disorders or chronic addiction disorders in:
(A) any part of a hospital, whether or not a distinct part; or
(B) an outpatient off campus site that is within thirty-five (35)
miles of a hospital.
(10) (11) Billing under the Medicare program or a Medicare
advantage plan.
(12) Billing under the Medicaid program.
SECTION 160. IC 20-19-1-1.1, AS AMENDED BY P.L.214-2025,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1.1. (a) The governor shall appoint an individual
to be the secretary of education.
(b) For purposes of Article 5, Section 10 and Article 8, Section 8 of
the Constitution of the State of Indiana, the secretary of education is the
state superintendent of public instruction.
(c) The individual appointed under this section serves at the
pleasure of and at a salary determined by the governor.
(d) The secretary of education is the chief executive officer of the
department.
SECTION 161. IC 20-19-3-11, AS AMENDED BY P.L.115-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) The department, in collaboration with the
department of child services and organizations that have expertise in
child abuse, including child sexual abuse, shall identify or develop:
(1) research and evidence based model educational materials on
child abuse and child sexual abuse; and
(2) a model for child abuse and child sexual abuse response
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policies and reporting procedures.
The model for child abuse and child sexual abuse response policies and
reporting procedures described in subdivision (2) must include
information on the duty to report suspected child abuse or neglect
under IC 31-33-5. To identify or develop models under this subsection,
the department may not hire additional staff members or expend funds
not already included in the department's budget.
(b) Not later than July 1, 2018, the department shall make the
models developed or identified under this section available to assist
schools with the implementation of:
(1) child abuse and child sexual abuse education programs in
kindergarten through grade 12 as provided in IC 20-30-5-5.7; and
(2) child abuse and child sexual abuse response and reporting
policies.
(c) The model educational materials on child abuse and child sexual
abuse identified or developed under subsection (a) may include the
following topics:
(1) Warning signs of a child who is being abused or sexually
abused.
(2) The basic principles of child abuse and child sexual abuse
prevention.
(3) Methods of student, teacher, and parental education and
outreach.
(d) The model child abuse and child sexual abuse response and
reporting policies referred to in subsection (b) may include the
following topics:
(1) Actions that a child who is a victim of abuse or sexual abuse
may take to obtain assistance.
(2) Interventions.
(3) Counseling options.
(4) Educational support available for a child who is a victim of
abuse or sexual abuse to enable the child to continue to be
successful in school.
(5) Reporting procedures.
(e) A school that chooses to use the model educational materials
developed under subsection (a) shall inform the parents of students in
the grade levels in which the materials could be used, in writing and by
posting on the school's Internet web site, website, that a parent may:
(1) examine and review the model educational materials before
the materials are taught; and
(2) decide if the parent's child will be instructed with the model
educational materials.
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(f) If a parent decides that the parent's child may be taught using the
model educational materials, the parent shall notify the school of the
parent's decision in writing or electronically.
SECTION 162. IC 20-19-3-12.2, AS AMENDED BY P.L.208-2025,
SECTION 2, AND AS AMENDED BY P.L.214-2025, SECTION 22,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 12.2. (a) The department shall make
reduction of absenteeism in schools a policy priority and provide
assistance and guidance to school corporations and schools in:
(1) identifying contributing factors of absenteeism; and
(2) developing chronic absence reduction plans. that school
corporations may elect to include as a component of the school
improvement plans required under IC 20-31-5.
(b) The department shall:
(1) create a list of best practices to; and
(2) provide resources and guidance to school corporations
concerning evidence based practices and effective strategies that;
reduce absenteeism in schools. However, subject to section 12.4 of this
chapter, the department may not mandate a particular policy within a
chronic absence reduction plan adopted by a school corporation or
school.
SECTION 163. IC 20-19-3-20, AS ADDED BY P.L.155-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 20. The department shall publish the following
information on the department's Internet web site: website:
(1) The information reported under IC 20-29-3-15(b)(20) in the
most recent report prepared under IC 20-29-3-15.
(2) The number of emergency permits granted by each school
corporation, categorized by content area, during the school year
or collective bargaining period covered by the most recent report
prepared under IC 20-29-3-15.
(3) The total number of teaching candidates who:
(A) are currently enrolled in a teacher preparation program; or
(B) have recently completed a teacher preparation program.
(4) The increase or decrease in kindergarten through grade 12
student enrollments.
(5) The total number of teachers in Indiana.
(6) The teacher workforce growth.
(7) The administrator workforce growth.
(8) For each school corporation, the number of vacant teaching
positions by:
(A) grade;
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(B) subject; and
(C) required credential;
with critical shortage areas, as determined by unfilled vacancies,
highlighted for each school corporation.
SECTION 164. IC 20-19-3-25, AS ADDED BY P.L.168-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 25. (a) The department shall establish an online
adjunct teacher portal on the department's Internet web site website or
incorporate into the teacher referral system developed under IC 20-20-3
a functionality to allow:
(1) a school corporation to post a vacant adjunct teacher position;
and
(2) an individual to:
(A) post a resume;
(B) post any other information requested by the school
corporation through the portal or system;
(C) make inquiries to the school corporation through the portal
or system; and
(D) view information relating to adjunct teachers employed by
a particular school corporation reported to the department in
accordance with IC 20-28-5-27(g).
(b) The department shall post the information received under
IC 20-28-5-27(g) on the department's portal or teacher referral system
described in subsection (a).
SECTION 165. IC 20-19-3-25.5, AS ADDED BY P.L.130-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 25.5. Before July 1, 2022, and before July 1 of
each year thereafter, the department shall submit a report to the general
assembly in an electronic format under IC 5-14-6 that provides the
following information based on the previous five (5) year period:
(1) The graduation waiver rate of each:
(A) secondary school within a school corporation; and
(B) charter high school.
(2) The:
(A) particular graduation pathways that each secondary school
within a school corporation and each charter high school use;
and
(B) percentage of students who graduated with each particular
graduation pathway.
The department shall also post the report described in this section on
the department's Internet web site. website.
SECTION 166. IC 20-20-5.5-3, AS AMENDED BY P.L.43-2021,
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SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The secretary of education shall notify the
governing bodies of each school corporation, charter school, and state
accredited nonpublic school immediately of:
(1) the initial publication and annual update on the department's
Internet web site website of the report described in section 2(c)
of this chapter, including the Internet web site website address
where the report is published; and
(2) updates of the following types of information in the report
described in section 2(c) of this chapter:
(A) The addition of materials.
(B) The removal of materials.
(C) Changes in the per unit price of curricular materials that
exceed five percent (5%).
(b) A notification under this section must state that:
(1) the reviews of curricular materials included in the report
described in section 2(c) of this chapter are departmental reviews
only; and
(2) each governing body has authority to adopt curricular
materials for a school corporation.
SECTION 167. IC 20-23-6-5, AS AMENDED BY P.L.152-2021,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) If a petition is filed in one (1) or more of the
school corporations protesting consolidation as provided in this chapter
by the legal voters of any school corporation the governing body of
which proposes to consolidate, the governing body in each school
corporation in which a protest petition is filed shall certify the public
question to each county election board of the county in which the
school corporation is located. The county election board shall call an
election of the voters of the school corporation to determine if a
majority of the legal voters of the corporation is in favor of
consolidating the school corporations.
(b) If a protest is filed in more than one (1) school corporation, the
elections shall be held on the same day. Each county election board
shall give notice by publication once each week for two (2) consecutive
weeks:
(1) with each notice by publication in a newspaper of general
circulation in the school corporation, or, if a newspaper is not
published in the:
(A) township;
(B) town; or
(C) city;
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the notice shall be published in the nearest newspaper published
in the county or counties; or
(2) with the first publication of notice in the newspaper or
newspapers as provided 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 school corporation.
Each notice shall state that on a day and at an hour to be named in the
notice, the polls will be open at the usual voting places in the various
precincts in the corporation for taking the vote of the legal voters upon
whether the school corporation shall be consolidated with the other
school corporations joining in the resolution.
(c) The public question shall be placed on the ballot in the form
provided by IC 3-10-9-4 and must state: "Shall (insert name of school
corporation) be consolidated with (insert names of other school
corporations)?".
(d) Notice shall be given not later than thirty (30) days after the
petition is filed. The election shall be held not less than ten (10) days
or more than twenty (20) days after the last publication of the notice.
(e) The governing body of each school corporation in which an
election is held is bound by the majority vote of those voting. However,
if the election falls within a period of not more than six (6) months
before a primary or general election, the election shall be held
concurrently with the primary or general election if the public question
is certified to the county election board not later than the deadline set
forth in IC 3-10-9-3.
(f) If a majority of those voting in any one (1) school corporation
votes against the plan of consolidation, the plan fails. However, the
failure does not prevent any or all the school corporations from taking
further initial action for the consolidation of school corporations under
this chapter.
SECTION 168. IC 20-23-7-5, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) The rights, powers, and duties of the
metropolitan school district shall be vested in the governing body that
must be composed of:
(1) three (3);
(2) five (5); or
(3) seven (7); members;
members who have resided in the district for at least two (2) years
before taking office. The resolution or petition provided by section 2(a)
or 2(b) of this chapter may designate the number of members of the
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governing body. If a designation is not made concerning the number of
members of a governing body, the governing body is composed of five
(5) members.
(b) If section 4(a) of this chapter applies to a metropolitan school
district, the following rules apply:
(1) If the governing body consists of three (3) members, one (1)
member shall reside in each residence district.
(2) If the governing body consists of five (5) members, not more
than two (2) shall reside in any one (1) residence district.
(3) If the governing body consists of seven (7) members, at least
two (2) shall reside in any one (1) residence district.
(c) If a governing body member moves the member's residence
within the metropolitan school district from one (1) governing body
member district to another or when governing body member district
boundaries are moved so that the member's place of residence changes
from one (1) governing body member district to another, the member
does not on this account become disqualified as a governing body
member but may continue to hold office as a member of the governing
body.
SECTION 169. IC 20-24-2.2-1, AS AMENDED BY P.L.191-2018,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. The department and each authorizer shall
establish a charter school page on the department's and the authorizer's
Internet web site website that includes information on the following:
(1) The authorizer's processes for the following:
(A) Monitoring approved schools at regular intervals.
(B) Establishing minimum standards for renewing a charter or
not renewing a charter.
(C) Processes and standards for school closure, including the
transfer of all student education records (as defined in
IC 20-24-9-4.5) as provided in IC 20-24-9, and of academic
records to other schools and postsecondary educational
institutions.
(2) All pending applications for a charter.
(3) All approved applications for a charter.
(4) All rejected applications for a charter.
(5) The authorizer's annual report as required under IC 20-24-9.
SECTION 170. IC 20-24-2.2-1.2, AS ADDED BY P.L.221-2015,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1.2. (a) This section applies to an authorizer
described in IC 20-24-1-2.5(1), IC 20-24-1-2.5(2), and
IC 20-24-1-2.5(5) if the authorizer has not previously issued a charter
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for any charter school prior to July 1, 2015.
(b) A governing body of a school corporation may register with the
state board for charter authority within the attendance area of the
school corporation. The state board shall post on the state board's
Internet web site website an application received from an authorizer to
register with the state board under this section within ten (10) days
after receipt of the application. The state board may not charge an
authorizer a fee to register with the state board under this section.
(c) A governing board of a nonprofit college or university described
in IC 20-24-1-2.5(5) may apply to the state board for statewide,
regional, or local chartering authority.
(d) The state board shall publicize to all governing bodies the
opportunity to register with the state board for chartering authority
within their school corporation. Not later than May 1 of each year, the
state board shall provide information about the opportunity, including
a registration deadline, to all governing bodies. To register as an
authorizer, each interested governing body must submit the following
information in a format prescribed by the state board:
(1) A written notification of intent to serve as a charter authorizer
in accordance with this article.
(2) An explanation of the governing body's strategic vision for
chartering.
(3) An explanation of the governing body's budget and personnel
capacity and commitment to execute the duties of quality charter
authorizing in accordance with this article.
(4) An explanation of how the governing body will solicit charter
school applicants in accordance with IC 20-24-3.
(5) A description or outline of the performance framework the
governing body will use to guide the establishment of a charter
contract and for the oversight and evaluation of charter schools,
consistent with this article.
(6) A draft of the governing body's renewal, revocation, and
nonrenewal processes, consistent with this article.
(7) A statement of assurance that the governing body commits to
serving as a charter authorizer in fulfillment of the expectations,
spirit, and intent of this article, and that the governing body will
fully adopt standards of quality charter school authorizing in
accordance with section 1.5 of this chapter.
(e) Within sixty (60) days of receipt of the information described in
subsection (d), the state board shall register the governing body as a
charter authorizer within the attendance area of the school corporation
and shall provide the governing body a letter confirming the governing
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body's registration as a charter authorizer. A governing body may not
engage in any charter authorizing functions without a current
registration as a charter authorizer with the state board.
(f) The state board shall establish an annual application and
approval process, including cycles and deadlines during the state fiscal
year, for registering an entity described in IC 20-24-1-2.5(5) for
authorizer authority. Not later than May 1 of each year, the state board
shall make available information and guidelines for an applicant
described in IC 20-24-1-2.5(5) concerning the opportunity to apply for
chartering authority under this article. The application process must
require each applicant to submit an application that clearly explains or
presents the following elements:
(1) A written notification of intent to serve as a charter authorizer
in accordance with this article.
(2) The applicant's strategic vision for chartering.
(3) A plan to support the applicant's strategic vision described in
subdivision (2), including an explanation and evidence of the
applicant's budget and personnel capacity and commitment to
execute the duties of quality charter authorizing in accordance
with this article.
(4) A draft or preliminary outline of the request for proposals that
the applicant would, if approved by the state board under this
section, issue to solicit charter school applicants under
IC 20-24-3.
(5) A draft of the performance framework that the applicant
would, if approved by the state board under this section, use to
guide the establishment of a charter contract and for ongoing
oversight and evaluation of charter schools consistent with this
article.
(6) A draft of the applicant's renewal, revocation, and nonrenewal
processes.
(7) A statement of assurance that the applicant commits to serving
as a charter authorizer in fulfillment of the expectations, spirit,
and intent of this article, and that the applicant will fully adopt
standards of quality charter school authorizing in accordance with
section 1.5 of this chapter.
(g) Not later than July 1 of each year, the state board shall grant or
deny chartering authority to an applicant under subsection (f). The state
board shall make its decision on the merits of each applicant's proposal
and plans submitted under subsection (f).
(h) Within thirty (30) days of the state board's decision under
subsection (g), the state board shall execute a renewable authorizing
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contract with an applicant that the state board has approved for
chartering authority. The initial term of each authorizing contract is six
(6) years. The authorizing contract must specify each approved
applicant's agreement to serve as a charter authorizer in accordance
with this article and shall specify additional performance terms based
on the applicant's proposal and plan for chartering. An approved
applicant may not commence charter authorizing without an
authorizing contract in effect.
(i) The state board shall maintain on the state board's Internet web
site website the names of each authorizer approved by the state board
under this section.
SECTION 171. IC 20-24-2.2-8, AS ADDED BY P.L.221-2015,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. Beginning in 2016, the state board shall provide
a formal evaluation of the overall state of charter school outcomes in
Indiana every five (5) years. The evaluation shall be posted on the state
board's Internet web site. website.
SECTION 172. IC 20-24-8-5, AS AMENDED BY P.L.214-2025,
SECTION 62, AND AS AMENDED BY P.L.230-2025, SECTION
132, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. The following statutes and rules
and guidelines adopted under the following statutes apply to a charter
school:
(1) IC 5-11-1-9 (required audits by the state board of accounts).
(2) IC 5-14-3.7 (access to financial data for local schools).
(2) (3) IC 20-39-1-1 (unified accounting system).
(3) (4) IC 20-35 (special education).
(4) (5) IC 20-26-5-10 (criminal history).
(5) (6) IC 20-26-5-6 (subject to laws requiring regulation by state
agencies).
(6) (7) IC 20-28-10-12 (nondiscrimination for teacher marital
status).
(7) (8) IC 20-28-10-14 (teacher freedom of association).
(8) (9) IC 20-28-10-17 (school counselor immunity).
(9) (10) For conversion charter schools only if the conversion
charter school elects to collectively bargain under
IC 20-24-6-3(b), IC 20-28-6, IC 20-28-7.5, IC 20-28-8,
IC 20-28-9, and IC 20-28-10.
(10) (11) IC 20-33-2 (compulsory school attendance).
(11) (12) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22
(student due process and judicial review).
(12) (13) IC 20-33-8-16 (firearms and deadly weapons).
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(13) (14) IC 20-34-3 (health and safety measures).
(14) (15) IC 20-33-9 (reporting of student violations of law).
(15) (16) IC 20-30-3-2 and IC 20-30-3-4 (patriotic
commemorative observances).
(16) (17) IC 20-31-3, IC 20-32-4, IC 20-32-5 (for a school year
ending before July 1, 2018), IC 20-32-5.1, (for a school year
beginning after June 30, 2018), IC 20-32-8, and IC 20-32-8.5, as
provided in IC 20-32-8.5-2 (academic standards, accreditation,
assessment, and remediation). and assessment).
(17) (18) IC 20-33-7 (parental access to education records).
(18) (19) IC 20-31 (accountability for school performance and
improvement).
(19) (20) IC 20-30-5-19 (personal financial responsibility
instruction).
(20) (21) IC 20-26-5-37.3, before its expiration (career and
technical education reporting).
(21) (22) IC 20-35.5 (dyslexia screening and intervention).
(22) IC 22-2-18, before its expiration on June 30, 2021
(limitations on employment of minors).
(23) IC 20-26-12-1 (curricular material purchase and provision;
public school students).
(24) IC 20-26-12-2 (curricular material purchase and rental).
SECTION 173. IC 20-24-9-1, AS AMENDED BY P.L.5-2015,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) An authorizer that has established a charter
school shall submit an annual report to the department and the state
board for informational and research purposes. The authorizer shall
make the annual report available on the authorizer's Internet web site.
website.
(b) The department and state board shall make all annual reports
submitted under subsection (a) available on the department's and state
board's Internet web sites. websites.
SECTION 174. IC 20-24-9-7, AS AMENDED BY P.L.280-2013,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. If an organizer of a charter school maintains an
Internet web site a website for a charter school, the organizer of the
charter school shall publish the names of the members of the charter
school's governing body on the charter school's Internet web site.
website.
SECTION 175. IC 20-24.2-4-5, AS ADDED BY P.L.201-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) A qualified district may display the words
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"Indiana Performance Qualified School District" on the qualified
district's correspondence, Internet web site, website, and any other
communications representing the qualified district.
(b) A qualified high school may display the words "Indiana
Performance Qualified High School" on the high school's
correspondence, Internet web site, website, and any other
communications representing the high school.
SECTION 176. IC 20-26-5-4.3, AS AMENDED BY P.L.115-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.3. (a) Before a contract for employment is
entered into by a governing body and a school superintendent, the
governing body shall hold a public meeting on the proposed contract
at which public comment is heard. The public meeting may be a regular
or special meeting of the governing body. The governing body is not
required to disclose the identity of the candidate for superintendent at
the public meeting.
(b) Notice of the meeting on the proposed contract shall be given in
accordance with IC 5-3-1 and posted on the school corporation's
Internet web site. website.
(c) The notice provided in subsection (b) must:
(1) state that on a given day, time, and place the governing body
will meet to discuss and hear objections to and support for the
proposed contract; and
(2) set forth the details of the proposed contract, including the
actual monetary value of the contract, benefits, and any additional
forms of compensation for each year of the contract.
(d) A governing body shall post the provisions of an employment
contract that the governing body enters into with a superintendent of
the school corporation on the school corporation's Internet web site.
website.
SECTION 177. IC 20-26-5-4.7, AS ADDED BY P.L.148-2012,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.7. (a) This section does not apply to a:
(1) superintendent of a school corporation; or
(2) certificated employee (as defined in IC 20-29-2-4) that is
represented by an exclusive representative (as defined in
IC 20-29-2-9) under IC 20-29.
(b) The superintendent shall post the provisions of an employment
contract that the school corporation enters into with a certificated
employee on the school corporation's Internet web site. website.
SECTION 178. IC 20-26-5-20, AS AMENDED BY P.L.244-2017,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 20. The governing body of any school corporation
may:
(1) permit any of its facilities to be used by any person in
situations and at times that do not interfere with use of the facility
for school purposes, including:
(A) use of a swimming pool or other athletic facility; or
(B) use of classrooms or other space in a school for purposes
of school age childcare; child care; and
(2) incur any necessary expense in the use or operation of the
facility.
The governing body may set up and charge a schedule of fees for
admission to or use of any facility outside the school corporation's
regular school program. Fees shall be deposited in the operations fund
or the extracurricular account of the school corporation.
SECTION 179. IC 20-26-5-40.2, AS ADDED BY P.L.216-2021,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 40.2. (a) If a governing body passes a resolution
to close a high school within the school corporation, the governing
body shall develop a plan relating to the preservation or transfer of
memorabilia, trophies, or other property that may have historical
significance, as determined by the governing body.
(b) The plan described in subsection (a) must be made available for
public inspection and posted on the school corporation's Internet web
site. website.
SECTION 180. IC 20-26-5-40.5, AS ADDED BY P.L.164-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 40.5. (a) Not later than January 1, 2022, each
school corporation and charter school shall adopt and implement an
Internet use policy that:
(1) prohibits the sending, receiving, viewing, or downloading of
materials that are harmful to minors (as described in
IC 35-49-2-2) on computers and other technology related devices
owned by the school corporation or charter school;
(2) provides for the use of hardware or installation of software on
computers and other technology related devices described in
subdivision (1) to filter or block Internet access to materials that
are harmful to minors; and
(3) establishes appropriate disciplinary measures to be taken
against persons violating the policy established under this section.
(b) Not later than January 1, 2022, each school corporation and
charter school shall use hardware or install software on computers and
other technology related devices described in subsection (a)(1) to filter
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or block Internet access to materials that are harmful to minors.
(c) Each school corporation and charter school shall post on the
school corporation's or charter school's Internet web site website the
Internet use policy established under subsection (a).
SECTION 181. IC 20-26.5-2-1, AS AMENDED BY P.L.92-2020,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) The state board may approve not more than
one (1) coalition of continuous improvement school districts under this
chapter to offer flexibility and innovation to schools to improve student
outcomes.
(b) To establish a coalition under this chapter, at least four (4), but
not more than a total of eight (8), of any of the following must jointly
submit a plan to the state board in a manner prescribed by the state
board:
(1) A school corporation.
(2) An eligible school (as defined in IC 20-51-1-4.7).
(3) A state accredited nonpublic school.
(c) The plan submitted under subsection (b) must include:
(1) a description of the various educational programs that will be
offered by members of the proposed coalition;
(2) a description that identifies potential coalition member
partnerships with:
(A) business or industry;
(B) postsecondary educational institutions; or
(C) community partners;
(3) the specific goals and the measurable student outcomes to be
obtained by the proposed coalition members; and
(4) an explanation of how student performance in achieving the
specific outcomes will be measured, evaluated, and reported.
If a plan submitted to the state board includes a request to suspend all
or portions of IC 20-30 for a proposed coalition, the plan must include
how the specific goal of the proposed coalition will be achieved by
suspending all or portions of IC 20-30. The state board may approve a
plan that proposes to suspend all or portions of IC 20-30 only if the
suspension is related to a specific goal of the proposed coalition.
(d) The state board may approve a coalition under this chapter if the
state board determines that the coalition will:
(1) improve student performance and outcomes;
(2) offer coalition members flexibility in the administration of
educational programs; and
(3) promote innovative educational approaches to student
learning.
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(e) The plan approved by the state board under subsection (d) must
apply uniformly for each member of the coalition.
(f) Upon approval of the coalition by the state board under
subsection (d), the state board shall post the following on the state
board's Internet web site: website:
(1) A copy of the plan approved by the state board under
subsection (d).
(2) Information describing how a school corporation, an eligible
school (as defined in IC 20-51-1-4.7), or a state accredited
nonpublic school may submit an application to become a coalition
member to the coalition under section 2(b) of this chapter.
SECTION 182. IC 20-27-7-13, AS AMENDED BY P.L.42-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. If:
(1) after being repaired under section 11 of this chapter a special
purpose bus or school bus does not meet the minimum standards
under this chapter; or
(2) a special purpose bus or school bus does not comply with the
safety requirements for school bus construction and equipment
established by the rules of the committee and the noncompliance
is a serious safety critical violation, as determined by the
committee;
the state police department shall issue an out-of-service order and
certificate for the special purpose bus or school bus. The driver of the
special purpose bus or school bus at the time of the inspection shall be
notified of the out-of-service order and a copy shall be made available
on the Internet web site website of the state police department for the
governing body of the school corporation that controls the operation of
the special purpose bus or school bus.
SECTION 183. IC 20-27-10-0.5, AS AMENDED BY P.L.92-2020,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 0.5. (a) On or before September 1, 2019, and each
September 1 thereafter, each school corporation, charter school, and
state accredited nonpublic school that provides transportation for
students must review the school's school bus routes and school bus
safety policies to improve the safety of students and adults.
(b) The state school bus committee, in consultation with the
department, shall develop and post on the department's Internet web
site website school bus safety guidelines or best practices. The
guidelines or best practices must include procedures to be taken to
ensure that students do not enter a roadway until approaching traffic
has come to a complete stop.
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(c) In addition to the requirements under subsection (b), the
department, in consultation with the department of transportation, shall
include on the department's Internet web site website information on
how an individual or school may petition to reduce maximum speed
limits in areas necessary to ensure that students are safely loaded onto
or unloaded from a school bus.
SECTION 184. IC 20-28-2-11, AS ADDED BY P.L.10-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. The department shall collaborate with
nonprofit entities, the commission for higher education, and state
educational institutions to develop and implement initiatives focusing
on the recruitment and retention of qualified educators from
underrepresented populations. The initiatives should include, but are
not limited to, the following activities:
(1) Development of a recruitment plan for underrepresented and
teacher shortage areas.
(2) Production of a web site website as a communication tool that
provides resource information and scholarship opportunities.
(3) Development of a research agenda and network support
system at each state educational institution to remove barriers and
address challenges faced by students of underrepresented
populations in order to recruit, retain, and graduate these students.
SECTION 185. IC 20-28-5-12.5, AS AMENDED BY P.L.201-2025,
SECTION 3, AND AS AMENDED BY P.L.214-2025, SECTION 114,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 12.5. (a) The department shall grant
an initial practitioner license to an individual who:
(1) possesses a bachelor's degree from an accredited
postsecondary four (4) year institution;
(2) successfully completes an alternative teacher certification
program that includes:
(A) the required content training in the area in which the
individual seeks to be licensed;
(B) pedagogy training and an examination that is in
substantive alignment with nationally recognized pedagogical
standards and teaches effective:
(i) instructional delivery;
(ii) classroom management and organization;
(iii) assessment;
(iv) instructional design; and
(v) professional learning and leadership;
(C) successful demonstration of content area proficiency in an
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examination that includes content area material in substantive
alignment with nationally recognized content area standards in
the areas that the individual is required to have a license to
teach;
(D) verification from a third party that regularly reviews
educational and professional examinations that the alternative
certification examination is equal to or greater in rigor than the
written examination under section 12 of this chapter; and
(E) content within the curriculum that prepares teacher
candidates to use evidence based trauma informed classroom
instruction, including instruction in evidence based social
emotional learning classroom practices that are conducive to
supporting students who have experienced trauma that may
interfere with a student's academic functioning; and
(F) (E) content within the curriculum that:
(i) beginning July 1, 2024, is aligned to the science of
reading; and
(ii) beginning July 1, 2024, prepares teacher candidates or
program participants who seek to obtain an elementary
generalist license that is valid for teaching in kindergarten
through grade 5 or an early childhood license that is valid
for teaching prekindergarten through grade 3 to obtain the
literacy endorsement required under section 19.7 of this
chapter;
(3) successfully completes an applicable teacher licensing exam
as approved by the state board;
(4) holds a valid cardiopulmonary resuscitation certification from
a provider approved by the department; and
(5) has attended youth suicide awareness and prevention training.
(b) The individual must complete a one (1) year practical experience
program during the individual's first year in the classroom when the
individual is employed as a full-time teacher. The provider must:
(1) provide the practical experience program at no cost to the state
or to the school corporation, charter school, or state accredited
nonpublic school; and
(2) as part of the practical instruction program, provide
instruction in:
(A) instructional design and planning;
(B) effective instructional delivery;
(C) classroom management and organization;
(D) effective use of assessment data;
(E) content in federal and Indiana special education laws; and
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(F) required awareness, preparation, and understanding of:
(i) individualized education programs;
(ii) service plans developed under 511 IAC 7-34;
(iii) choice special education plans developed under 511
IAC 7-49; and
(iv) plans developed under Section 504 of the federal
Rehabilitation Act of 1973, 29 U.S.C. 794.
(c) An in-state alternative teacher certification program under
subsection (a)(2) must operate in accordance with the procedures and
program approval standards and requirements set by the department
and the state board for teacher education programs for the licensure of
teachers.
(d) An out-of-state alternative teacher certification program under
subsection (a)(2) must:
(1) currently operate in at least five (5) states; and
(2) have operated an alternative teacher certification program for
at least ten (10) years.
(e) An individual who receives an alternative teacher certification
under subsection (a)(2) is authorized to teach the subject and
educational level that the individual has successfully completed.
(f) An individual who receives an initial practitioner license under
this section shall be treated in the same manner as an individual who
receives an initial practitioner license after completing a traditional
teacher preparation program.
(g) An individual who graduates from an alternative teacher
certification program must be treated in the same manner as a
traditional teacher preparation program graduate during the transition
from an initial practitioner license to a practitioner license.
(h) An individual who receives an initial practitioner license under
this section may not teach a special education course for a special
education student for the period the individual maintains a license
under this section unless the individual is at least twenty-six (26) years
of age and employed in a school setting or with another community
organization, including a for-profit or nonprofit organization, to
provide care or instruction for a student with a physical, intellectual, or
developmental disability. However, an individual who receives an
initial practitioner license under this section may not be a teacher of
record for a special education student for the period the individual
maintains the initial practitioner license.
(i) A school corporation, charter school, or state accredited
nonpublic school shall submit a plan to the department if the school
corporation, charter school, or state accredited nonpublic school hires
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one (1) or more individuals who have received an initial practitioner
license under this section. The plan must be submitted in a manner
prescribed by the department and must include a description of how the
school corporation, charter school, or state accredited nonpublic school
will, excluding the practical experience program described in
subsection (b), provide an individual who receives an initial
practitioner license under this section opportunities to obtain exposure
to classroom management and instructional techniques, including
meaningful exposure to special education. The plan is a public record.
(j) Not later than July 1, 2024, the department shall prepare a report
that shall be submitted to the general assembly in an electronic format
under IC 5-14-6. The report must contain the following information:
(1) Data showing how many teachers obtained an initial
practitioner license under this section.
(2) A description of the number of teachers who received an
initial practitioner license under this section who are currently
employed as a teacher by each:
(A) school corporation;
(B) charter school; or
(C) state accredited nonpublic school.
The description must include a breakdown of the subjects taught
by teachers who receive an initial practitioner license under this
section.
(3) A comparison of the Praxis Subject Assessment applicable
teacher licensing exam as approved by the state board pass rates
for individuals who receive an initial practitioner license under
this section in comparison with the Praxis Subject Assessment
applicable teacher licensing exam as approved by the state board
pass rates for teachers who obtained an initial practitioner license
using a different pathway to licensure.
(4) A description of how many teachers who received an initial
practitioner license under this section are rated as effective or
highly effective.
SECTION 186. IC 20-28-5-20, AS ADDED BY P.L.170-2018,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 20. The department shall post for each calendar
year on the department's Internet web site website the pass rate of the
content area examination for each postsecondary educational institution
regarding individuals who:
(1) graduated from the teacher preparation program of the
postsecondary educational institution; and
(2) took the content area examination.
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SECTION 187. IC 20-28-5-22.4, AS AMENDED BY P.L.41-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 22.4. (a) The department shall annually prepare
a report that includes the following information regarding teachers
licensed in Indiana:
(1) The total number of teachers who hold licenses in one (1) or
more content areas.
(2) The total number of teachers who teach in the content area for
which the teacher holds a teaching license.
(3) The total number of teachers who:
(A) teach under a license or permit issued by the department;
(B) completed a teacher preparation program (as defined in
IC 20-28-3-1(b)); and
(C) have not passed the teacher licensing examinations under
section 12 of this chapter.
(4) The percentage of teachers who complete a particular teacher
preparation program who are teaching in Indiana:
(A) five (5) years; and
(B) ten (10) years;
after completion of the particular teacher preparation program,
disaggregated by teacher preparation program.
(b) Not later than October 1 of each year, the department shall
submit the report prepared under subsection (a) to the:
(1) legislative council; and
(2) interim study committee on education established by
IC 2-5-1.3-4;
in an electronic format under IC 5-14-6.
(c) The department shall post the report prepared under subsection
(a) on the department's Internet web site. website.
SECTION 188. IC 20-28-5.5-2, AS ADDED BY P.L.92-2020,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The department shall:
(1) publish the requirements established by the state board under
this chapter on the department's Internet web site; website;
(2) notify teacher preparation programs of training required to be
completed as part of the teacher preparation program; and
(3) notify teachers of training requirements under this chapter that
a teacher must complete in order for the teacher to renew the
teacher's license under IC 20-28-5.
SECTION 189. IC 20-28-9-28, AS AMENDED BY P.L.190-2025,
SECTION 5, AND AS AMENDED BY P.L.213-2025, SECTION 172,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2026]: Sec. 28. (a) Subject to subsection (c),
For each school year in a state fiscal year beginning after June 30,
2023, June 30, 2025, a school corporation shall expend an amount for
teacher compensation that is not less than an amount equal to sixty-two
percent (62%) sixty-five percent (65%) 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) 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).
(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.
(d) (c) 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
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health, dental, life insurance, and pension benefits; and
(3) whether the school corporation met the requirement set forth
in subsection (a).
(e) (d) The department shall publish the report described in
subsection (d) (c) on the department's website.
(f) (e) 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.
(g) (f) If a school corporation's governing body receives a notice
from the department under subsection (f), (e), 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.
(h) (g) If the department determines a school corporation that
received one (1) or more notices from the department under subsection
(f) (e) 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 (f);
(e); and
(2) relevant individual reports prepared by the department under
subsection (g)(3). (f)(3).
SECTION 190. IC 20-29-3-15, AS AMENDED BY P.L.155-2020,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 15. (a) The board shall prepare an annual report
covering the previous school year or collective bargaining period that
includes at least the information described in subsection (b). Before
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November 15 each year, the board shall:
(1) submit the report to the budget committee, department of
education, state board, and legislative council in an electronic
format under IC 5-14-6; and
(2) publish the report on the state's interactive and searchable
Internet web site website containing local government
information (the Indiana gateway for governmental units).
(b) The report must cover at least the following information:
(1) The total number of full-time public school teachers and the
number of nonteaching full-time district level administrators.
(2) The average tenure of all full-time public school teachers.
(3) The number of first-year, full-time teachers hired during the
previous calendar year.
(4) The number of full-time teachers who retired during the
interval between the immediately preceding collective bargaining
period and the previous calendar year's collective bargaining
period.
(5) The overall average salary of nonteaching full-time district
level administrators.
(6) The overall average salary of full-time public school teachers.
(7) The statewide average total compensation of full-time public
school teachers, the statewide average daily teacher salary rate,
and the statewide average annual teacher contract days.
(8) The statewide average total compensation of full-time public
school administrators, the statewide average daily nonteaching,
full-time, district level administrator salary rate, and the statewide
average annual administrator contract days.
(9) The average salary and total compensation of full-time public
school teachers for each school corporation.
(10) The average salary and total compensation of nonteaching,
full-time district level administrators, including separately the
superintendent, for each school corporation.
(11) The minimum full-time public school teacher salary.
(12) The maximum full-time public school teacher salary.
(13) The minimum nonteaching full-time district level
administrative salary.
(14) The maximum nonteaching full-time district level
administrative salary.
(15) The number of full-time public school teachers earning a
salary under the statewide average.
(16) The number of full-time public school teachers earning a
salary in excess of the statewide average.
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(17) For each school corporation, the average salary paid to
full-time public school teachers in each of the following tenure
benchmarks:
(A) First year.
(B) Fifth year.
(C) Tenth year.
(D) Fifteenth year.
(E) Twentieth year.
(F) Twenty-fifth year.
(G) Thirty (30) or more years of service.
(18) For each school corporation, the nominal dollar figures for
subdivisions (5), (6), (11), (12), (13), (14), and (17) in nationally
recognized, open-source, state-specific cost of living
index-adjusted dollars to compare to the figures described in
subdivision (19).
(19) Comparative data on overall full-time public school teacher
salary averages and by each of the tenure benchmarks listed in
subdivision (17) in both nominal dollars and nationally
recognized, open-source, state-specific cost of living
index-adjusted dollars for each of the following states:
(A) Illinois.
(B) Kentucky.
(C) Michigan.
(D) Ohio.
(E) Wisconsin.
(20) The total number of full-time teachers retained from the
previous year.
(21) The total number of newly hired teachers with previous work
experience in teaching.
(22) The total number of teaching candidates who:
(A) are currently enrolled in a teacher preparation program; or
(B) have recently completed a teacher preparation program.
(23) The increase or decrease in kindergarten through grade 12
student enrollments.
(24) The total number of teachers in Indiana.
(25) The teacher workforce growth.
(26) The administrator workforce growth.
(27) For each school corporation, the number of vacant teaching
positions by:
(A) grade;
(B) subject; and
(C) required credential;
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with critical shortage areas, as determined by unfilled vacancies,
highlighted for each school corporation.
As used in this subsection, total compensation includes the monetary
value of salary, wages, bonuses, stipends, supplemental payments,
commissions, employment benefits, and any other form of
remuneration paid for personal services.
(c) The board may require schools to submit any school corporation
specific information needed to complete the report. Parties to a
collective bargaining agreement shall comply with the board's requests
for information necessary to complete the report.
SECTION 191. IC 20-29-5-8, AS ADDED BY P.L.212-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) The board shall develop and maintain
training modules, videos, or other instructional material on the board's
Internet web site website to instruct school employees of their rights
under this chapter.
(b) Each school year in which school employee participation in a
school employee organization currently serving as the exclusive
representative of the bargaining unit does not represent a majority of
the school employees within the unit, the board shall notify, in a
manner prescribed by the board, the school employees of the
bargaining unit of their right to:
(1) representation under this chapter; and
(2) the ability to change their exclusive representative under
section 3 of this chapter.
SECTION 192. IC 20-29-6-19, AS AMENDED BY P.L.216-2021,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 19. (a) In addition to holding at least one (1)
public hearing with public testimony as described in section 1(b) of this
chapter, the school employer must conduct a public meeting to discuss
a tentative collective bargaining agreement at least seventy-two (72)
hours before it is ratified by the school employer. A school employer
may allow governing body members or the public to participate in a
public meeting under this section by means of electronic
communication.
(b) Notice of the time and the location of the public meeting and a
tentative collective bargaining agreement established under this chapter
must be posted on the school employer's Internet web site website at
least seventy-two (72) hours prior to the public meeting described in
subsection (a).
(c) A school employer must allow for public comment at the
meeting at which a tentative collective bargaining agreement is ratified.
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(d) Not later than fourteen (14) business days after the parties have
reached an agreement under this chapter, the school employer shall
post the contract upon which the parties have agreed on the school
employer's Internet web site. website.
SECTION 193. IC 20-30-16-8, AS ADDED BY P.L.80-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. The department shall:
(1) publish the criteria required for approval of a course access
program course; and
(2) publish and maintain an updated course access program
catalog including:
(A) a list of approved course access program courses provided
by authorized course providers;
(B) a description of each approved course access program
course; and
(C) in a manner that complies with the privacy provisions of
the federal Family Educational Rights and Privacy Act (20
U.S.C. 1232g), any available completion rate and performance
outcome data;
on the department's Internet web site.
on the department's website.
SECTION 194. IC 20-30-16-9.5, AS ADDED BY P.L.200-2021,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9.5. (a) If a school corporation is an authorized
course provider and offers an approved online course access program
course, the school corporation shall provide to the department and post
on the school corporation's Internet web site website the following
information:
(1) The name and description of any online course access
program course provided by the school corporation that has open
slots available for student enrollment.
(2) The number of open slots in the online course access program
course.
(b) The department shall post the information described in
subsection (a) for each school corporation on the department's Internet
web site. website.
SECTION 195. IC 20-30-16-12, AS ADDED BY P.L.80-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. (a) Beginning November 1, 2019, the
department shall submit an annual report by November 1 of each year
to the interim study committee on education established by
IC 2-5-1.3-4 in an electronic format under IC 5-14-6 and in a manner
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that protects student privacy. The report must include:
(1) the number of authorized course providers;
(2) the number of approved course access program courses and
the number of students enrolled in each course;
(3) the number of approved course access program courses
available by subject matter;
(4) the number of students participating for the first time in
approved course access program courses;
(5) the number of approved course access program courses each
participating student is taking; and
(6) student outcome data, including:
(A) course access program course completion data;
(B) student growth, performance, and growth to proficiency;
and
(C) student performance on state or nationally accepted
assessments;
by subject area for each course provider.
(b) The department shall publish the report created under subsection
(a) on the department's Internet web site website in an open format that
can be easily searched and downloaded.
(c) By November 1, 2018, the department shall submit a report to
the interim study committee on education established by IC 2-5-1.3-4
in an electronic format under IC 5-14-6 and in a manner that protects
student privacy. The report must include:
(1) the number of authorized course providers;
(2) the number of approved course access program courses and
the number of students enrolled in each course; and
(3) the number of approved course access program courses
available by subject matter.
SECTION 196. IC 20-31-8-8, AS ADDED BY P.L.251-2017,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) Before July 1, 2018, the state board shall
establish a definition of a high mobility school for schools with a high
concentration of mobile students.
(b) For each school year beginning after June 30, 2018, the
department shall make a report regarding the performance of high
mobility schools. The report shall be posted on the department's
Internet web site website each year on a date determined by the
department.
SECTION 197. IC 20-33-12-5, AS ADDED BY P.L.220-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) The department, in collaboration with the
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attorney general's office and organizations with expertise in religious
civil liberties, shall establish a model policy addressing the
requirements established by this chapter. The model policy shall be
made available for school corporations and charter schools to assist a
school corporation or charter school in meeting the requirements
established by this chapter.
(b) The department shall publish the model policy established under
subsection (a) on the department's Internet web site. website.
SECTION 198. IC 20-34-4.5-5, AS ADDED BY P.L.117-2017,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. The department shall:
(1) develop guidance materials concerning each emergency
medication; and
(2) post a copy of the guidance materials on the department's
Internet web site. website.
SECTION 199. IC 20-34-6-1, AS AMENDED BY P.L.83-2018,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) By July 1 of each year, each school
corporation shall submit a report to the department detailing the
following information for the current school year for each school in the
school corporation and for the entire school corporation:
(1) The number of arrests of students on school corporation
property, including arrests made by law enforcement officers,
security guards, school safety specialists, and other school
corporation employees, and any citizen arrests.
(2) The offenses for which students were arrested on school
corporation property.
(3) The number of contacts with law enforcement personnel from
a school corporation employee that have resulted in arrests of
students not on school corporation property.
(4) Statistics concerning the age, race, and gender of students
arrested on school corporation property and categorizing the
statistics by offenses.
(5) Whether the school corporation has established and employs
a school corporation police department under IC 20-26-16, and if
so, report:
(A) the number of officers in the school corporation police
department; and
(B) the training the officers must complete.
(6) If the school corporation employs private security guards to
enforce rules or laws on school property, a detailed explanation
of the use of private security guards by the school corporation.
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(7) If the school corporation has an agreement with a local law
enforcement agency regarding procedures to arrest students on
school property, a detailed explanation of the use of the local law
enforcement agency by the school corporation.
(8) The number of reported bullying incidents involving a student
of the school corporation by category. However, nothing in this
subdivision may be construed to require all bullying incidents to
be reported to a law enforcement agency.
(b) By August 1 of each year, the department shall submit a report
to:
(1) the legislative council;
(2) the board for the coordination of programs serving vulnerable
individuals established by IC 4-23-30.2-8; and
(3) the criminal justice institute;
providing a summary of the reports submitted to the department under
subsection (a). The report to the legislative council must be in an
electronic format under IC 5-14-6.
(c) By August 1 of each year, the department must post the reports
described in subsections (a) and (b) on the department's Internet web
site. website.
(d) Information reported under subsection (a)(8) may not be used in
the calculation of a school corporation's improvement under
IC 20-31-8.
SECTION 200. IC 20-34-8-5, AS AMENDED BY P.L.56-2021,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) The department shall disseminate
guidelines, information sheets, and forms to each state accredited
nonpublic school, charter school, and each school corporation for
distribution to schools to inform and educate coaches, marching band
leaders, applicable students, and parents of applicable students of the
nature and risk of sudden cardiac arrest to applicable students. The
guidelines and information sheets must include the following
information:
(1) The nature and warning signs of sudden cardiac arrest,
including the risks associated with continuing to play or practice
after experiencing one (1) or more symptoms of sudden cardiac
arrest, including:
(A) fainting;
(B) difficulty breathing;
(C) chest pains;
(D) dizziness; and
(E) abnormal racing heart rate.
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(2) Information about electrocardiogram testing, including the
potential risks, benefits, and evidentiary basis behind
electrocardiogram testing.
(b) The department:
(1) may consult with an association, medical professionals, and
others with expertise in diagnosing and treating sudden cardiac
arrest; and
(2) may request the assistance of an association in disseminating
the guidelines, information sheets, and forms required under
subsection (a).
(c) The department may disseminate the guidelines, information
sheets, and forms required under this section in an electronic format
and must be made available on the department's Internet web site.
website.
SECTION 201. IC 20-35-2-1, AS AMENDED BY P.L.201-2025,
SECTION 5, AND AS AMENDED BY P.L.214-2025, SECTION 188,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1. (a) There is established under the
state board department a division of special education. The division
shall exercise all the power and duties set out in this chapter,
IC 20-35-3 through IC 20-35-6, and IC 20-35-8.
(b) The secretary of education shall appoint a director of special
education who serves at the pleasure of the secretary of education. The
amount of compensation of the director shall be determined by the
budget agency with the approval of the governor. The director has the
following duties:
(1) To shall do the following:
(A) (1) Have general supervision of special education programs
and services, including those conducted by school corporations,
charter schools, the Indiana School for the Blind and Visually
Impaired, the Indiana School for the Deaf, the department of
correction, and the division of mental health and addiction to
ensure compliance with federal and state special education laws
and rules.
(B) (2) Take appropriate action to ensure school corporations,
charter schools, and the department remain eligible for federal
special education funds.
(C) (3) Oversee the training of hearing officers and establish
guidelines as described in IC 20-35-14-5.
(2) With the consent of the secretary of education and the budget
agency, to appoint and determine salaries for any assistants and
other personnel needed to enable the director to accomplish the
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duties of the director's office.
SECTION 202. IC 20-35-12-14, AS AMENDED BY P.L.156-2020,
SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 14. (a) The center shall do the following:
(1) Review the lists provided to the center from the advisory
committee under section 13 of this chapter.
(2) Select language developmental milestones to include in the
parent resource described in subdivision (5).
(3) Not later than July 1, 2020, inform the advisory committee
regarding which language developmental milestones the center
selected for the parent resource described in subdivision (5).
(4) Not later than July 1, 2020, approve tools and assessments as
provided under this chapter to be used in assessing children who
are deaf or hard of hearing.
(5) Prepare a parent resource that:
(A) includes the language developmental milestones described
in subdivision (2);
(B) can be used by a parent to monitor and track the expressive
and receptive language acquisition and developmental stages
toward English literacy of children who are deaf or hard of
hearing; and
(C) meets the requirements of subsection (b).
(b) The parent resource prepared by the center under subsection
(a)(5) must meet the following requirements:
(1) Be appropriate for use, in both content and administration,
with children who:
(A) are less than eleven (11) years of age;
(B) are deaf or hard of hearing; and
(C) use:
(i) ASL;
(ii) English; or
(iii) both ASL and English.
(2) Be written for clarity and ease of use by parents.
(3) Be aligned to the applicable:
(A) state standards for infant, toddler, and preschool
assessments;
(B) federal standards for assessing the development of
children with disabilities; and
(C) state standards in ASL and English language arts.
(4) Include information explaining that:
(A) the parent resource is not a formal assessment of language
and English literacy development; and
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(B) a parent's observation of the parent's child may differ from
formal assessment data presented at a meeting for a child's
individualized education program, individualized family
service plan, or a plan developed under Section 504 of the
federal Rehabilitation Act, 29 U.S.C. 794.
(5) Contain the language developmental milestones selected by
the center under this section.
(6) Present the language developmental milestones in terms of
development of all children who are less than eleven (11) years of
age.
(7) Provide information regarding the general development of
language, including phonology, semantics, syntax, and
pragmatics, to a parent whose child uses a language at home that
is not English or ASL.
(8) Provide information on additional supports for language
acquisition, including:
(A) amplification device options;
(B) ASL services options; and
(C) other additional supports determined appropriate by the
center.
(9) Provide information about special education law in Indiana as
the law applies to children who are deaf or hard of hearing.
(10) Provide additional information for parents of children who:
(A) are deaf or hard of hearing; and
(B) have additional disabilities.
(11) Provide notice that a parent of a child has the right to select
the language or communication mode for the child's language
acquisition and developmental milestone tracking.
(c) The center shall:
(1) distribute the parent resource prepared under this section to
parents of children who are deaf or hard of hearing; and
(2) post the parent resource prepared under this section on the
center's Internet web site. website.
SECTION 203. IC 20-35-12-21, AS ADDED BY P.L.260-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 21. (a) Before August 1, 2020, and before August
1 of each year thereafter, the center shall:
(1) prepare a report using data that is submitted under this
chapter; and
(2) post the report on the center's Internet web site. website.
The report may not include any data that identifies an individual child.
(b) The report prepared under subsection (a) must include data that
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considers the language and English literacy development of children
who are:
(1) less than eleven (11) years of age; and
(2) deaf or hard of hearing;
in relation to the children's peers who are not deaf or hard of hearing.
SECTION 204. IC 20-35.5-5-2, AS ADDED BY P.L.95-2018,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. Before July 15, 2019, and before July 15 of
each year thereafter, each school corporation and charter school shall
report on the school corporation's or charter school's Internet web site
website the following information:
(1) The dyslexia intervention programs that were used during the
previous school year to assist students with dyslexia.
(2) The number of students during the previous school year who
received dyslexia intervention under this article.
(3) The total number of students identified with dyslexia during
the previous school year.
SECTION 205. IC 20-35.5-7-2, AS ADDED BY P.L.95-2018,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The department shall:
(1) develop and update an Indiana dyslexia resource guide; and
(2) post the guide on the department's Internet web site. website.
SECTION 206. IC 20-37-2-11, AS AMENDED BY P.L.143-2019,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) As used in this section, "career and
technical education course" means a career and technical education
course that is an approved course under the rules of the state board.
(b) Except as provided in subsection (c), a school corporation that
has entered into an agreement for a joint program of career and
technical education with one (1) or more other school corporations may
not add a new career and technical education course to its curriculum
unless the course has been approved in the following manner:
(1) In the case of an agreement under IC 20-37-1, the course must
be approved by the management board for the joint program.
(2) In the case of an agreement under IC 20-26-10, the course
must be approved by the governing body of the school corporation
that is designated to administer the joint program under
IC 20-26-10-3. However, if that governing body refuses to
approve the course, the course may be approved by a majority of
the governing bodies of the school corporations that are parties to
the agreement.
(c) A school that has entered into an agreement for a joint program
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of career and technical education may add a new career and technical
education course to its curriculum without being approved under
subsection (b)(1) or (b)(2) if the course is being offered in partnership
with an employer or an employer and either:
(1) a postsecondary educational institution; or
(2) a third party trainer that is eligible to receive funding under
the federal Workforce Innovation and Opportunity Act (WIOA)
of 2014 under 29 U.S.C. 3101 et seq., including reauthorizations
of WIOA, and is listed on the department of workforce
development's eligible training provider list on the department of
workforce development's Internet web site. website.
(d) A student who is enrolled or was enrolled in a career and
technical education course after June 30, 2018, that:
(1) is or was offered by a school corporation; and
(2) meets the requirements set forth in subsection (c);
shall receive credit for successfully completing the course regardless
of whether the course has been approved under subsection (b)(1) or
(b)(2).
(e) Subject to IC 20-43-8-7.5 and any applicable federal law, a
course that meets the requirements set forth in subsection (c) that is
offered by a school corporation after June 30, 2018, is eligible for state
and federal career and technical education funding.
SECTION 207. IC 20-40-2-9, AS AMENDED BY P.L.139-2022,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) For each school corporation included on the
excessive education fund transfer list required under section 6 of this
chapter, the department shall, not later than April 1 of each year,
submit in both a written and an electronic format a notice to the school
corporation's superintendent, school business officer, and governing
body that the school corporation did not meet its education fund
transfer target percentage for the previous calendar year.
(b) If a school corporation's governing body receives a notice from
the department under subsection (a), the school corporation shall do all
of the following:
(1) Publicly acknowledge receipt of the excessive education fund
transfer list notice from the department at the governing body's
next public meeting.
(2) Enter into the governing body's official minutes for that
meeting acknowledgment of the notice.
(3) Publish on the school corporation's Internet web site website
the department's notice and any relevant individual reports
prepared by the department within thirty (30) days after the public
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meeting.
SECTION 208. IC 20-40-18-6, AS AMENDED BY P.L.238-2019,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) A school corporation's capital projects
expenditure plan or amended plan must limit proposed expenditures to
those described in section 7 of this chapter. The plan must include all
proposed expenditures that exceed ten thousand dollars ($10,000) and
are for:
(1) capital assets; or
(2) projects that are considered capital in nature under section 7
of this chapter, including technology related projects.
The department of local government finance shall prescribe the
information that is required in a plan.
(b) The department of local government finance shall prescribe the
format of the plan. A plan must:
(1) apply to at least the three (3) years immediately following the
year the plan is adopted; and
(2) estimate for each year to which the plan applies the nature and
amount of proposed capital expenditures from the fund.
(c) If a school corporation wants to use money in the operations
fund during the year to pay for any items listed in section 7 of this
chapter that are considered capital in nature, the governing body must
adopt a resolution approving the plan or amended plan. The school
corporation shall post the proposed plan or proposed amended plan on
the school corporation's Internet web site website before the hearing.
The governing body must hold a hearing on the adoption of the
resolution as follows:
(1) For a school corporation that has not elected to adopt a budget
under IC 6-1.1-17-5.6 or for which a resolution adopted under
IC 6-1.1-17-5.6(d) is in effect, the school corporation must hold
the hearing and adopt the resolution after January 1 and not later
than November 1 of the immediately preceding year.
(2) For a school corporation that elects to adopt a budget under
IC 6-1.1-17-5.6, the school corporation must hold the hearing and
adopt the resolution after January 1 and not later than April 1 of
the immediately preceding school fiscal year.
The governing body shall submit the proposed capital projects
expenditure plan or amended plan to the department of local
government finance's computer gateway at least ten (10) days before
the hearing on the adoption of the resolution. The department of local
government finance shall make the proposed plan available to
taxpayers, at least ten (10) days before the hearing, through the
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department's computer gateway. The department of local government
finance's computer gateway must allow a taxpayer to search for the
proposed plan under this section by the taxpayer's address. If an
amendment to a capital projects expenditure plan is being proposed,
the governing body must declare the nature of and the need for the
amendment in the resolution to adopt the amendment to the plan. The
plan, as proposed to be amended, must comply with the requirements
for a plan under this section.
(d) If a governing body adopts the resolution specified in subsection
(c), the school corporation must then submit the resolution to the
department of local government finance in the manner prescribed by
the department. In addition, the governing body shall submit the plan
or amended plan that is approved in the resolution to the department of
local government finance's computer gateway not later than thirty (30)
days after adoption of the resolution. The department of local
government finance shall immediately make the adopted plan available
to taxpayers through the department's computer gateway.
(e) This subsection applies to an amendment to a plan that is
required because of an emergency that results in costs that exceed the
amount accumulated in the fund for repair, replacement, or site
acquisition that is necessitated by an emergency. The governing body
is not required to comply with subsection (c) or (d). If the governing
body determines that an emergency exists, the governing body may
adopt a resolution to amend the plan. An amendment to the plan is not
subject to the deadline and the procedures for adoption described in
this section.
SECTION 209. IC 20-40-18-9, AS AMENDED BY P.L.238-2019,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) Before a school corporation may use money
in the operations fund for replacing school buses, a resolution
approving the school bus replacement plan or amended plan must be
submitted to the department of local government finance.
(b) The department of local government finance shall prescribe the
format of the plan. A plan must apply to at least the five (5) budget
years immediately following the year the plan is adopted and include
at least the following:
(1) An estimate for each year to which it applies of the nature and
amount of proposed expenditures from the fund.
(2) If the school corporation is seeking to:
(A) acquire; or
(B) contract for transportation services that will provide;
additional school buses or school buses with a larger seating
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capacity as compared with the number and type of school buses
from the prior school year, evidence of a demand for increased
transportation services within the school corporation. Clause (B)
does not apply if contracted transportation services are not paid
from the fund.
(3) If the school corporation is seeking to require a contractor to
replace a school bus, evidence that the need exists for the
replacement of the school bus. This subdivision does not apply if
contracted transportation services are not paid from the operations
fund.
(4) Evidence that the school corporation that seeks to acquire
additional school buses under this section is acquiring or
contracting for the school buses only for the purposes specified in
subdivision (2) or for replacement purposes.
(c) If a school corporation wants to use money in the operations
fund during the year to pay for school bus replacement, the governing
body must adopt a resolution approving the bus replacement plan or
amended plan. The school corporation shall post the proposed plan or
proposed amended plan on the school corporation's Internet web site
website before the hearing. The governing body must hold a hearing
on the adoption of the resolution as follows:
(1) For a school corporation that has not elected to adopt a budget
under IC 6-1.1-17-5.6 or for which a resolution adopted under
IC 6-1.1-17-5.6(d) is in effect, the school corporation must hold
the hearing and adopt the resolution after January 1 and not later
than November 1 of the immediately preceding year.
(2) For a school corporation that elects to adopt a budget under
IC 6-1.1-17-5.6, the school corporation must hold the hearing and
adopt the resolution after January 1 and not later than April 1 of
the immediately preceding school fiscal year.
The governing body shall submit the proposed school bus replacement
plan or amended plan to the department of local government finance's
computer gateway at least ten (10) days before the hearing on the
adoption of the resolution. The department of local government finance
shall make the proposed plan available to taxpayers, at least ten (10)
days before the hearing, through the department's computer gateway.
The department of local government finance's computer gateway must
allow a taxpayer to search for the proposed plan under this section by
the taxpayer's address. If an amendment to a bus replacement plan is
being proposed, the governing body must declare the nature of and the
need for the amendment in the resolution to adopt the amendment to
the plan. The plan, as proposed to be amended, must comply with the
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requirements for a plan under this section.
(d) If a governing body adopts the resolution specified in subsection
(c), the school corporation must then submit the resolution to the
department of local government finance in the manner prescribed by
the department. In addition, the governing body shall submit the school
bus replacement plan or amended plan that is approved in the
resolution to the department of local government finance's computer
gateway not later than thirty (30) days after adoption of the resolution.
The department of local government finance shall immediately make
the adopted plan available to taxpayers through the department's
computer gateway.
(e) The operations fund must be used to pay for the replacement of
school buses, either through a purchase agreement or under a lease
agreement.
(f) Before the last Thursday in August in the year preceding the first
school year in which a proposed contract commences, the governing
body of a school corporation may elect to designate a part of a:
(1) transportation contract (as defined in IC 20-27-2-12);
(2) fleet contract (as defined in IC 20-27-2-5); or
(3) common carrier contract (as defined in IC 20-27-2-3);
as an expenditure payable from the fund. An election under this
subsection must be included in the resolution approving the school bus
replacement plan or amended plan. The election applies throughout the
term of the contract.
(g) The amount that may be paid from the fund under this section in
a school year is equal to the fair market lease value in the school year
of each school bus, school bus chassis, or school bus body used under
the contract, as substantiated by invoices, depreciation schedules, and
other documented information available to the school corporation.
(h) The allocation of costs under this section to the fund must
comply with the accounting standards prescribed by the state board of
accounts.
SECTION 210. IC 20-43-8-7.5, AS AMENDED BY P.L.108-2019,
SECTION 227, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 7.5. (a) The department of
workforce development shall designate each career and technical
education program as:
(1) an apprenticeship program;
(2) a cooperative education program;
(3) a work based learning program;
(4) a high value program;
(5) a moderate value program;
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(6) a less than moderate value program;
(7) an introductory program; or
(8) a foundational career and technical education course.
The designation of career and technical education programs by the
department of workforce development under this section must be
reviewed and approved by the state board as provided in this section.
(b) Not later than December 1, 2019, and each December 1
thereafter, the department of workforce development shall designate
each career and technical education program as:
(1) an apprenticeship program;
(2) a work based learning program;
(3) a high value level 1 program;
(4) a high value level 2 program;
(5) a moderate value level 1 program;
(6) a moderate value level 2 program;
(7) a less than moderate value level 1 program;
(8) a less than moderate value level 2 program;
(9) a planning for college and career course; or
(10) an introductory program.
The designation of career and technical education programs by the
department of workforce development under this section must be
reviewed and approved by the state board as provided in this section.
(c) If a new career and technical education program is created by
rule, the department of workforce development shall determine the
category in which the program is designated under subsection (a) or
(b). A career and technical education program must be approved by the
department of workforce development in order for a school corporation
to be eligible to receive a grant amount for the career and technical
education program under section 15 of this chapter.
(d) Not later than December 1 of each year, the department of
workforce development shall provide a report to the state board that
includes the following information:
(1) A list of the career and technical education courses for the
next school year that are designated by the department of
workforce development under this section.
(2) The labor market demand used to designate each career and
technical education program under this section.
(3) The average wage level used to designate each career and
technical education program under this section.
(4) If applicable, the labor market demand and average wage level
data for specific regions, counties, and municipalities.
(5) Any other information pertinent to the methodology used by
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the department of workforce development to designate each
career and technical education program under this section.
(e) Not later than January 1 of each year, the state board shall
review and approve the report provided by the department of workforce
development under subsection (d) at a public meeting to ensure that the
list of courses is in compliance with the long range state plan
developed under IC 20-20-38-4. Not later than January 1 of each year,
the state board shall send its determination to the department of
workforce development. Upon receipt of the state board's
determination, the department of workforce development shall provide
the approved report to the department.
(f) The department of workforce development shall publish the
approved report under subsection (e) on the department of workforce
development's Internet web site, website, including the following:
(1) The list of career and technical education programs that are
designated by the department of workforce development under
this section.
(2) The labor market demand used to designate each career and
technical education program under this section.
(3) The average wage level used to designate each career and
technical education program under this section.
(4) If applicable, the labor market demand and average wage level
data for specific regions, counties, and municipalities.
(5) Any other information pertinent to the methodology used by
the department of workforce development to designate each
career and technical education program under this section.
In addition, the department shall notify all school corporations of the
state board's approval of the report under subsection (e) and provide a
link within the notice to the approved report published on the
department of workforce development's Internet web site website under
this subsection.
SECTION 211. IC 20-43-8-13, AS AMENDED BY P.L.108-2019,
SECTION 228, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 13. (a) A school corporation shall
count each pupil enrolled in a program designated under section 7.5 of
this chapter for the purposes of determining a school corporation's
career and technical education enrollment grant under section 15 of this
chapter. Each school corporation shall report its pupil enrollment count
under this section to the department.
(b) A pupil may be counted in more than one (1) of the career and
technical education programs if the pupil is enrolled in more than one
(1) of the career and technical education programs at the time pupil
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enrollment is determined.
(c) If the department adjusts a count of ADM after a distribution is
made under this chapter, the adjusted count retroactively applies to the
grant amounts distributed to a school corporation affected by the
adjusted count. The department shall settle any overpayment or
underpayment of grant amounts resulting from an adjusted count of
ADM on a schedule determined by the department and approved by the
budget agency.
(d) The distribution of the grant amounts under this chapter shall be
made each state fiscal year under a schedule set by the budget agency
and approved by the governor.
(e) The department shall report the pupil count for each career and
technical education program in which the school corporation includes
pupils in the school corporation's enrollment count under subsection
(b). The department shall estimate the per pupil cost of each program
and report the average per pupil expenditure for each school
corporation in the state fiscal year beginning July 1, 2016, and in the
state fiscal year beginning July 1, 2017, and the projected statewide
average per pupil expenditure for the state fiscal year beginning July
1, 2018. The department shall post the school corporation's pupil count
and per pupil costs on the department's Internet web site. website.
SECTION 212. IC 20-46-1-22, AS ADDED BY P.L.68-2025,
SECTION 222, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 22. (a) This section applies to
revenue received from a referendum levy if both of the following apply:
(1) The:
(A) governing body of the school corporation approves the
referendum levy in a resolution adopted under section 8 or 8.5
of this chapter; and
(B) resulting referendum levy is imposed for the first time with
property taxes first due and payable in a calendar year
beginning after December 31, 2027.
(2) The number of students who have legal settlement in the
school corporation but attend a charter school, excluding virtual
charter schools and adult high schools, and receive not more than
fifty percent (50%) virtual instruction is at least the greater of:
(A) one hundred (100) students; or
(B) two percent (2%) of the school corporation's spring ADM
count, excluding students who receive more than fifty percent
(50%) virtual instruction.
(b) As used in this section, "eligible charter school" means a charter
school attended by a student who:
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(1) has legal settlement in a school corporation that imposes a
referendum levy under this chapter; and
(2) receives not more than fifty percent (50%) virtual instruction.
However, the term does not include a virtual charter school or an adult
high school.
(c) The following schools are not eligible to receive, and may not be
considered in a calculation made for purposes of, a distribution under
this section:
(1) A virtual charter school.
(2) An adult high school.
(d) Subject to subsections (j) and (l), the county auditor in the
county in which the school corporation is located shall distribute to
each eligible charter school, in the manner provided under this section,
an amount of revenue received from a tax levy imposed by a school
corporation under this chapter unless the charter school elects to not
participate in the referendum under section 8(h) of this chapter.
(e) For the purposes of the calculations made in this section, each
eligible charter school that has entered into an agreement with a school
corporation to participate as a participating innovation network charter
school under IC 20-25.7-5 is considered to have an ADM that is
separate from the school corporation.
(f) Not later than January 1, 2028, and not later than January 1 of
each year thereafter, the department, in consultation with the
department of local government finance, shall determine, for each
school corporation, the corresponding percentages of revenue received
from the tax levy that must be distributed among the school corporation
and each eligible charter school according to the following formula:
STEP ONE: Determine, for each eligible charter school, the
number of students who:
(A) have legal settlement within the school corporation;
(B) are currently included in the fall ADM count for the
charter school; and
(C) receive not more than fifty percent (50%) virtual
instruction.
STEP TWO: Determine the sum of:
(A) the aggregate of the STEP ONE results for all eligible
charter schools with respect to the school corporation; plus
(B) the fall ADM count for the school corporation for students
receiving not more than fifty percent (50%) virtual instruction.
STEP THREE: For each eligible charter school, determine the
result of:
(A) the applicable STEP ONE amount; divided by
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(B) the STEP TWO amount;
expressed as a percentage.
STEP FOUR: Determine the sum of all the amounts computed
under STEP THREE and subtract the result from one hundred
percent (100%).
(g) The department shall provide to the county auditor, immediately
after calculation under subsection (g): subsection (f):
(1) each eligible charter school and the eligible charter school's
corresponding percentage calculated under STEP THREE of
subsection (f); and
(2) the percentage calculated under STEP FOUR of subsection (f)
for the school corporation.
(h) Subject to subsections (k) and (m), (l), when the county auditor
distributes property tax revenue, the county auditor shall distribute to
the school corporation and each eligible charter school the amount
determined in the last STEP of the following STEPS:
STEP ONE: Determine the amount collected in the most recent
installment period by the school corporation from the school
corporation's referendum levy imposed under this chapter.
STEP TWO: To determine the distribution for the school
corporation and each eligible charter school, determine the result
of:
(A) the sum of:
(i) the STEP ONE result; plus
(ii) any amount withheld in the previous year under
subsection (k); multiplied by
(B) the following percentage:
(i) In the case of an eligible charter school, the charter
school's percentage under STEP THREE of subsection (f).
(ii) In the case of the school corporation, the school
corporation's percentage under STEP FOUR of subsection
(f).
(i) Not later than August 15, 2027, and not later than August 15 of
each calendar year thereafter, the department shall provide to each
school corporation and each eligible charter school an estimate of the
amount of property tax levy revenue the school corporation and eligible
charter school are expected to receive under this section in the
subsequent calendar year based on the most recent fall ADM count.
(j) This subsection applies beginning with distributions of property
tax revenue under this section in 2028 and thereafter. In order to
receive a distribution under this section, the governing body of an
eligible charter school shall, not later than October 15, 2027, and not
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later than October 15 of each calendar year thereafter, adopt a budget
for the current school year. Not later than ten (10) days before its
adoption, the budget must be fixed and presented to the charter board
in a public meeting in the county in which the eligible charter school
is incorporated. Not later than November 1, 2027, and not later than
November 1 of each calendar year thereafter, the governing body of the
charter school shall submit:
(1) the budget that is adopted under this subsection;
(2) the dates on which each requirement under this subsection
were met; and
(3) a statement from the governing body of the charter school
attesting that the dates provided in subdivision (2) are true and
accurate and that the budget was properly adopted under this
subsection;
to the charter authorizer for review and to the department of local
government finance to be posted publicly on the computer gateway
under IC 6-1.1-17-3.
(k) If an eligible charter school does not satisfy the requirements of
subsection (j) to receive distributions under this section during a
calendar year, as determined by the department of local government
finance, the eligible charter school may not receive a distribution of
property tax revenue in that calendar year and the county auditor shall
withhold the eligible charter school's distribution amount. The
department of local government finance's determination of compliance
consists only of a confirmation that the adopted budget and attestation
statement are submitted not later than the applicable date under
subsection (j). Any distribution amount withheld under this subsection
shall be:
(1) added to the property tax revenue collections as described in
STEP TWO of subsection (h); and
(2) distributed among the school corporation and eligible charter
schools according to subsection (h);
in the calendar year that immediately follows the calendar year in
which the distribution amount was withheld.
(l) A charter school is not eligible for a distribution under this
section from property tax revenue collected from a particular
referendum levy if the charter school does not have a certified fall
ADM count in the calendar year immediately preceding the calendar
year in which the public question for the referendum appears on the
ballot.
SECTION 213. IC 20-50-1-4, AS AMENDED BY P.L.155-2019,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 4. Each school corporation shall report to the
department, by August 1 of each year, the name and contact
information of the school corporation's liaison for homeless children.
The department shall post a list of local liaisons on its Internet web site,
website, updated annually.
SECTION 214. IC 20-50-1-5, AS AMENDED BY P.L.155-2019,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) Each school corporation that has an Internet
web site a website shall post the contact information of the school
corporation's liaison for homeless children on the school corporation's
Internet web site. website.
(b) Each local educational agency shall post certain information
concerning the McKinney-Vento Act on its Internet web site, website,
which may include the following:
(1) A list of homeless students rights.
(2) A resource link to the department's Internet web site. website.
(3) A directory of state and federal resources.
(4) The contact information for the state coordinator.
(5) Relevant newsletters and bulletins.
(c) Pursuant to the McKinney-Vento Act, the department shall post
the verified and certified number of children and youths identified as
homeless on its Internet web site, website, updated annually.
SECTION 215. IC 20-51-1-4.7, AS AMENDED BY P.L.199-2025,
SECTION 4, AND AS AMENDED BY P.L.214-2025, SECTION 208,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4.7. "Eligible school" refers to a
public or nonpublic elementary school or high school that:
(1) is located in Indiana;
(2) requires an eligible choice scholarship student to pay tuition
or transfer tuition to attend;
(3) voluntarily agrees to enroll an eligible choice scholarship
student;
(4) is accredited by either the state board or is accredited by or
obtains provisional accreditation from a national or regional
accreditation agency that is recognized by the state board;
(5) administers the statewide assessment program;
(6) is not a charter school or the school corporation in which an
eligible choice scholarship student has legal settlement under
IC 20-26-11; and
(7) submits to the department only the student performance data
required for a category designation under IC 20-31-8-3.
SECTION 216. IC 20-51-2-1, AS ADDED BY P.L.182-2009(ss),
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SECTION 364, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1. The department shall maintain
a publicly available list of the school scholarship programs certified by
the department. The list must contain names, addresses, and any other
information that the department determines is necessary for the public
to determine which scholarship granting organizations conduct school
scholarship programs. A current list must be posted on an Internet web
site a website used by the department to provide information to the
public.
SECTION 217. IC 20-51-4-12, AS ADDED BY P.L.94-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. (a) Subject to subsection (b), the department
shall distribute to each school corporation, for each spring semester and
each fall semester, the following information:
(1) The name of each eligible school in which an eligible choice
scholarship student who has legal settlement in the school
corporation is enrolled.
(2) The number of eligible choice scholarship students described
in subdivision (1) who are enrolled in each eligible school for the
school year.
(3) The total number of students who have legal settlement in the
school corporation and attend a:
(A) public school maintained by another school corporation in
Indiana; or
(B) charter school located in Indiana.
(4) The name (or description, if the school does not have a name)
of the public or charter school to which a student described in
subdivision (3) has transferred.
(5) The number of students described in subdivision (3) who have
transferred to each school described in subdivision (4).
(b) The department shall distribute the information described in
subsection (a):
(1) for each spring semester, not later than December 31 of the
following school year; and
(2) for each fall semester, not later than May 31 of the same
school year.
(c) The department shall post the information described in
subsection (a) on the department's Internet web site. website.
(d) Any information distributed or posted under this section may not
disclose any personally identifiable information regarding a student.
SECTION 218. IC 20-51.4-5-2, AS AMENDED BY P.L.199-2025,
SECTION 5, AND AS AMENDED BY P.L.213-2025, SECTION 231,
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IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. (a) The following individuals or
entities may become an ESA participating entity by submitting an
application to the treasurer of state department in a manner prescribed
by the treasurer of state: department:
(1) A qualified school.
(2) An individual who or tutoring agency that provides private
tutoring.
(3) An individual who or entity that provides services to a student
with a disability in accordance with an individualized education
program developed under IC 20-35 or a service plan developed
under 511 IAC 7-34 or generally accepted standards of care
prescribed by the eligible student's treating physician.
(4) Subject to section 7 of this chapter, an individual who or
entity that offers a course or program to an eligible student.
(5) A licensed occupational therapist.
(6) Entities that provide assessments.
(b) The treasurer of state department shall approve an application
submitted under subsection (a) if the individual or entity meets the
criteria to serve as an ESA participating entity.
(c) If it is reasonably expected by the treasurer of state department
that an ESA participating entity will receive, from payments made
under the ESA program, more than one hundred thousand dollars
($100,000) during a particular school year, the ESA participating entity
shall, on or before a date prescribed by the treasurer of state
department provide the treasurer of state department evidence, in a
manner prescribed by the treasurer of state, department, indicating that
the ESA participating entity has unencumbered assets sufficient to pay
the treasurer of state department an amount equal to the amount
expected to be paid to the ESA participating entity under the ESA
program during the particular school year.
(d) Each ESA participating entity that accepts payments made from
an ESA account under this article shall provide a receipt to the parent
of an eligible student or to the emancipated eligible student for each
payment made.
SECTION 219. IC 20-51.4-5-4, AS AMENDED BY P.L.199-2025,
SECTION 6, AND AS AMENDED BY P.L.213-2025, SECTION 232,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4. (a) The treasurer of state
department may refuse to allow an ESA participating entity to continue
participation in the ESA program and revoke the ESA participating
entity's status as an ESA participating entity if the treasurer of state
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department determines that the ESA participating entity accepts
payments made from an ESA account under this article and:
(1) has failed to provide any educational service required by state
or federal law to an eligible student receiving instruction from the
ESA participating entity; or
(2) has routinely failed to meet the requirements of an ESA
participating entity under the ESA program; or
(3) violates section 7 of this chapter.
(b) If the treasurer of state department revokes an ESA
participating entity's status as an ESA participating entity in the ESA
program, the treasurer of state department shall provide notice of the
revocation within thirty (30) days of the revocation to each parent of an
eligible student and to each emancipated eligible student receiving
instruction from the ESA participating entity who has paid the ESA
participating entity from the eligible student's ESA account.
(c) The treasurer of state department may permit a former ESA
participating entity described in subsection (a) to reapply with the
treasurer of state department for authorization to be an ESA
participating entity on a date established by the treasurer of state,
department, which may not be earlier than one (1) year after the date
on which the former ESA participating entity's status as an ESA
participating entity was revoked under subsection (a). The treasurer of
state department may establish reasonable criteria or requirements that
the former ESA participating entity must meet before being reapproved
by the treasurer of state department as an ESA participating entity.
SECTION 220. IC 20-51.4-5-8, AS ADDED BY P.L.199-2025,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. If the treasurer of state department revokes the
ESA participating entity's status under section 4(a) of this chapter, the:
(1) treasurer of state department may:
(A) terminate the ESA participating entity's account; and
(B) require the ESA participating entity to repay any
improperly received funds under this article to the ESA
program; and
(2) attorney general may petition a court with jurisdiction to
impose a civil penalty against the ESA participating entity in an
amount that does not exceed five thousand dollars ($5,000).
SECTION 221. IC 21-14-8-1, AS AMENDED BY P.L.125-2013,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) A state educational institution shall waive
tuition for a student who is:
(1) eligible for free or reduced price lunch in high school;
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(2) accepted into a postsecondary enrollment opportunity under
IC 21-43-4; and
(3) accepted for admission to the state educational institution.
(b) The high school a student attends shall certify the student's
income to a state educational institution to determine the student's
eligibility for a tuition and fee waiver under this section.
(c) A high school may certify a student's eligibility for a tuition and
fee waiver under this section based upon any of the following types of
information:
(1) A free or reduced price lunch application form.
(2) A state or federal income tax return.
(3) A certification from the office of the secretary of family and
social services.
(4) Any state agency certification based upon income records.
SECTION 222. IC 21-41-10-10, AS ADDED BY P.L.4-2014,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) Each state educational institution shall
designate a program coordinator.
(b) The duties of the coordinator include the following:
(1) Develop programs to create a positive educational
environment for veteran students while the veteran student is
enrolled at the state educational institution.
(2) Develop training programs for the state educational
institution's personnel relating to:
(A) issues associated with identifying and assisting veteran
students with posttraumatic stress disorder;
(B) veteran benefits; and
(C) any issue that the coordinator determines will educate a
state educational institution's faculty or staff of the special
needs of veteran students.
(3) Make recommendations to the commission for higher
education established under IC 21-18-2 concerning ways to
improve the education of veteran students.
(4) Coordinate access to stress management, counseling
programs, and other resources available to a veteran student at the
state educational institution.
(5) Coordinate with the Indiana department of veterans' affairs
established by IC 10-17-1-2 to educate veteran students about
state benefits available to Indiana veterans.
(6) Coordinate with the United States Department of Veterans
Affairs to educate veteran students about federal benefits
available to veterans.
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(7) Coordinate with the adjutant general or the adjutant general's
designee to educate veteran students about benefits and programs
available to veteran students who served or are currently serving
in the national guard.
(8) Coordinate activities, seminars, and programs for veteran
students presented by a veterans organization.
(9) Coordinate campus activities and social events designed for
veteran students.
(10) Develop programs to assist a veteran student to locate
employment.
(11) Develop internship programs designed specifically for
veteran students.
(12) Develop an Internet web site a website to provide veteran
students access to veteran resources.
SECTION 223. IC 21-42-6-6, AS ADDED BY P.L.120-2013,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. The commission for higher education and each
state educational institution shall publicize by all appropriate means,
including publication on the Internet web site website of the
commission for higher education and the Internet web site website of
each state educational institution, the availability of and requirements
for the completion of a degree through a single articulation pathway
created under section 4 of this chapter.
SECTION 224. IC 21-42-7-2, AS AMENDED BY P.L.101-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) Each state educational institution shall adopt
a policy to award educational credit to an individual who:
(1) is enrolled in a state educational institution; and
(2) successfully:
(A) completes courses that:
(i) are part of the individual's military service;
(ii) meet the standards of the American Council on
Education, or the council's successor organization, for
awarding academic credit; and
(iii) meet the state educational institution's role, scope, and
mission;
(B) completes:
(i) a College-Level Examination Program (CLEP) exam
developed by the College Board and receives a score of fifty
(50) or higher;
(ii) a United States Department of Defense's Defense
Activity for Non-Traditional Education Support Program
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examination; or
(iii) an Excelsior College Examination;
that meets the state educational institution's role, scope, and
mission during the individual's military service in an active or
reserve component of the armed forces of the United States or
the Indiana National Guard or upon the individual's receiving
an honorable discharge from the armed forces of the United
States or the Indiana National Guard; or
(C) completes courses at a postsecondary educational
institution accredited by a regional accrediting agency or
association:
(i) during the individual's military service in an active or
reserve component of the armed forces of the United States
or the Indiana National Guard or upon the individual's
receiving an honorable discharge from the armed forces of
the United States or the Indiana National Guard; and
(ii) that meet the state educational institution's role, scope,
and mission.
(b) The state educational institution's policy described in subsection
(a) must provide that educational credit awarded to an individual under
this section applies to the individual's undergraduate degree
requirements if the credit is comparable and applicable, as reasonably
determined by the state educational institution, to credit offered by the
state educational institution and is necessary for the individual to meet
the individual's undergraduate degree requirements at the state
educational institution.
(c) Each state educational institution's policy described in
subsection (a):
(1) shall be reviewed by the commission for higher education and
subsequently published on the commission for higher education's
Internet web site; website; and
(2) shall be published on the state educational institution's
Internet web site. website.
(d) The amount of educational credits that may be applied to an
individual's degree requirements under subsection (b) may not exceed:
(1) seventy-five percent (75%) of an individual's degree
requirements, as determined by the state educational institution,
if the state educational institution in which the individual is
enrolled requires the individual to attend in person any course
during any part of the student's enrollment at the state educational
institution; or
(2) seventy percent (70%) of an individual's degree requirements,
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as determined by the state educational institution, if one hundred
percent (100%) of the degree requirements for the degree
program is available online by the state educational institution.
SECTION 225. IC 21-48-1-1, AS ADDED BY P.L.254-2017,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) Each approved postsecondary educational
institution shall adopt a policy to increase awareness of suicide
prevention resources available to students and staff, including:
(1) crisis intervention resources, including information for
national, state, and local suicide prevention hotlines;
(2) available mental health programs;
(3) programs or resources offering information on crisis hotlines
and suicide warning signs;
(4) educational and outreach activities related to suicide
prevention;
(5) postintervention plans, including information on effective
communication with students, staff, and parents after the loss of
a student or faculty member due to suicide; and
(6) mental health services and other support services, including
student organizations.
(b) Links to information and resources identified in a policy
described in subsection (a) shall be posted on the Internet web site
website of each approved postsecondary educational institution.
SECTION 226. IC 22-1-6-2, AS ADDED BY P.L.82-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The following definitions apply throughout this
chapter:
(1) "Marketplace contractor" means a person or an organization,
including an individual, a corporation, a limited liability
company, a partnership, a sole proprietor, or other entity, that
enters into an agreement with a marketplace platform to provide
services to third party individuals or entities seeking those
services. The term does not include a person or organization when
the services performed by the person or organization consist of
transporting freight, sealed and closed envelopes, boxes, parcels,
or other sealed and closed containers for compensation.
(2) "Marketplace platform" means an organization, including a
corporation, a limited liability company, a partnership, a sole
proprietor, or other entity, that:
(A) operates an Internet web site a website or smartphone
application that facilitates the provision of services by
marketplace contractors to individuals or entities seeking the
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services;
(B) accepts service requests from the public only through the
organization's Internet web site website or smartphone
application and does not accept service requests by telephone,
facsimile, or in person at a retail location; and
(C) does not perform services at or from a physical location in
Indiana.
SECTION 227. IC 22-3-5-2.5, AS AMENDED BY P.L.204-2018,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. (a) The worker's compensation board is
entitled to request that an employer provide the board with current
proof of compliance with section 2 of this chapter.
(b) If an employer fails or refuses to provide current proof of
compliance by the tenth day after the employer receives the board's
request under subsection (a), the board:
(1) shall send the employer a written notice that the employer is
in violation of section 2 of this chapter; and
(2) may assess a civil penalty against the employer of one hundred
dollars ($100) per day beginning on the date of the request under
subsection (a) and ending on the date compliance occurs.
(c) An employer may challenge the board's assessment of a civil
penalty under subsection (b)(2) by requesting a hearing in accordance
with procedures established by the board.
(d) The board shall waive a civil penalty assessed under subsection
(b)(2) if the employer provides the board current proof of compliance
by the twentieth day after the date the employer receives the board's
notice under subsection (b)(1).
(e) If an employer fails or refuses to:
(1) provide current proof of compliance by the twentieth day after
the date the employer receives the board's notice under subsection
(b)(1); or
(2) pay a civil penalty assessed under subsection (b)(2);
the board may, after notice to the employer and a hearing, order that the
noncompliant employer's name be listed on the board's Internet web
site. website.
(f) A noncompliant employer's name may be removed from the
board's Internet web site website only after the employer does the
following:
(1) Provides current proof of compliance with section 2 of this
chapter.
(2) Pays all civil penalties assessed under subsection (b)(2).
(g) The civil penalties provided for in this section are cumulative.
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(h) Civil penalties collected under this section shall be deposited in
the worker's compensation supplemental administrative fund
established by section 6 of this chapter.
SECTION 228. IC 22-3-7-34.3, AS AMENDED BY P.L.204-2018,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 34.3. (a) The worker's compensation board is
entitled to request that an employer provide the board with current
proof of compliance with section 34 of this chapter.
(b) If an employer fails or refuses to provide current proof of
compliance by the tenth day after the employer receives the board's
request under subsection (a), the board:
(1) shall send the employer a written notice that the employer is
in violation of section 34 of this chapter; and
(2) may assess a civil penalty against the employer of one hundred
dollars ($100) per day beginning on the date of the request under
subsection (a) and ending on the date compliance occurs.
(c) An employer may challenge the board's assessment of a civil
penalty under subsection (b)(2) by requesting a hearing in accordance
with procedures established by the board.
(d) The board shall waive a civil penalty assessed under subsection
(b)(2) if the employer provides the board current proof of compliance
by the twentieth day after the date the employer receives the board's
notice under subsection (b)(1).
(e) If an employer fails or refuses to:
(1) provide current proof of compliance by the twentieth day after
the date the employer receives the board's notice under subsection
(b)(1); or
(2) pay a civil penalty assessed under subsection (b)(2);
the board may, after notice to the employer and a hearing, order that the
noncompliant employer's name be listed on the board's Internet web
site. website.
(f) A noncompliant employer's name may be removed from the
board's Internet web site website only after the employer does the
following:
(1) Provides current proof of compliance with section 34 of this
chapter.
(2) Pays all civil penalties assessed under subsection (b)(2).
(g) The civil penalties provided for in this section are cumulative.
(h) Civil penalties collected under this section shall be deposited in
the worker's compensation supplemental administrative fund
established by IC 22-3-5-6.
SECTION 229. IC 22-4.1-4-7, AS ADDED BY P.L.146-2014,
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SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. 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 230. IC 22-4.1-18-2, AS AMENDED BY P.L.213-2025,
SECTION 277, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. The department may grant the
following:
(1) An Indiana high school equivalency diploma to an individual
who achieves satisfactory high school level scores on the Indiana
high school equivalency test or any other properly validated test
of comparable difficulty designated by the department.
(2) An Indiana competency based high school diploma or
equivalency diploma to an individual who:
(A) demonstrates high school level skills through validated
competency based assessments designated by the department;
and
(B) obtains an industry recognized certificate.
SECTION 231. IC 22-5-4.6-1, AS ADDED BY P.L.1-2022,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. As used in this chapter, "COVID-19" has the
meaning set forth in IC 34-30-32-3. means:
(1) severe acute respiratory syndrome coronavirus 2 or a
mutated form of severe acute respiratory syndrome
coronavirus 2; or
(2) the disease caused by severe acute respiratory syndrome
coronavirus 2 or a mutated form of severe acute respiratory
syndrome coronavirus 2.
SECTION 232. IC 22-10-3-6, AS AMENDED BY P.L.35-2007,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) The director shall devote the director's
attention to the duties of the office during working hours and is subject
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to call at all times. The director and any mine inspector funded by the
general assembly are authorized to enter, examine, and inspect all
commercial coal mines and facilities.
(b) The director shall have full direction of the official activities of
any mine inspector and shall be responsible therefor.
(c) The director and each mine inspector shall have power, and it is
their duty, to stop immediately the operation of any coal mine or part
thereof when any dangerous or unlawful condition exists. However,
where conditions exist justifying the director or the mine inspector to
do so, the director or mine inspector shall grant a reasonable period of
time for making necessary repairs. Where a stop in operation is
enforced, such director and mine inspector shall be empowered to
subsequently allow such mine or part of a mine to be reopened when
the dangerous or unlawful conditions have been remedied or removed.
If the operator or a workman believes that an inspector has acted
illegally in citing violations of mining law, they may appeal to the
director for relief from such citation. The director may grant or deny
such relief after a hearing, at which all interested parties have been
notified of such hearing and given an opportunity to present evidence
in support of their contentions.
(d) The director shall keep a properly indexed permanent record of
all inspections made by the director and the mine inspector, and copies
of all reports relating to coal mines shall be kept on file, and all such
records shall be open to inspection by the public, and shall be laid
before the governor at any time upon the request of the governor. The
director shall cause:
(1) within sixty (60) days of the date of the inspection, inspection
reports; and
(2) for two (2) years, all reports relating to coal mines;
to be posted on the web site website maintained by the bureau of mines
and mine safety created under IC 22-1-1-4(1).
(e) The director is empowered to revoke, in writing, any order
issued by a mine inspector for the purpose of stopping the operation of
a mine or part thereof. However, such revocation of an order shall not
be made unless and until the director has made a personal examination
of the mine or part thereof affected and determined it to be in a safe
condition to operate.
(f) The director or mine inspector shall make a personal inspection
of each mine in this state:
(1) at least once every three (3) months, or more often if
practicable, while the mine is in operation;
(2) whenever any danger to the workmen may exist; or
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(3) whenever called upon to do so by the workmen.
During a regular inspection, the director or inspector shall have the
authority to inspect the surface plant; every working place in the mine;
all active haulageways, travelways, and airways in their entirety;
entrances to abandoned workings; accessible old workings; escapeways
and all other places where individuals work or travel; electric
equipment and installations; first aid equipment; ventilation facilities;
communications installations; roof and rib conditions; and blasting
practices, etc. The director or inspector shall have the authority to
measure the volume of air at the intake and return of the main
ventilating current and of each split, and the amount passing through
the last breakthrough in each pair or set of entries, and designate to the
mine foreman where the director or inspector shall measure the
currents of air as required by the mining laws of this state. In mines
operating more than one (1) shift in a twenty-four (24) hour period, the
director or inspector shall devote sufficient time to the second and third
shift to determine conditions and practices related to the health and
safety of the employees. The director or inspector shall make tests for
gas and oxygen deficiency in each place that the director or inspector
is required to inspect in the mine. Time shall be made available during
an inspection for interaction with the employees of the mine by the
director or the inspector to ascertain the familiarity of the employees
with self-rescuers and accessible escapeways.
(g) The director or mine inspector making an inspection of a mine
shall make an accurate report covering such inspection, showing:
(1) the date of inspection and actual time required to make the
inspection;
(2) the condition in which the mine is found;
(3) the extent to which the mining laws are violated;
(4) the progress made in the improvement of the mine, where
such progress relates to the health and safety of the employees;
(5) the number of fatal injuries and the number of nonfatal
lost-time injuries resulting from accidents in and around the mine,
and their cause; and
(6) in case any violation of the mining laws is found, the specific
section or sections violated, with recommendations for correcting
them, and the action taken to eliminate them.
(h) The director or mine inspector making an inspection of a mine
shall within three (3) days after the completion of the inspection
deliver:
(1) one (1) copy of the inspection report on the mine to the
operator, superintendent, or mine foreman of the mine inspected;
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and
(2) one (1) copy to be posted within the three (3) day limit on a
bulletin board at a prominent place on the premises where it can
be conveniently read by the employees. If corrective action is
implemented, the report shall remain on the bulletin board for
thirty (30) days. If corrective action is not implemented, the report
shall not be removed from the bulletin board until the report of
the succeeding examination is posted.
The director or mine inspector shall keep the mine foreman or
superintendent informed as much as is practicable of any violation or
other unsafe condition as the regular inspection progresses. In instances
where, in the opinion of the mine inspector, an imminent or serious
disaster hazard exists, such inspector shall report the same to the
director by the quickest available means.
(i) It shall be the duty of the director and mine inspectors to enforce
the mining laws of this state and the mine inspectors shall perform such
other official duties required by the director as may be necessary to
secure full compliance with the mining laws of this state.
SECTION 233. IC 22-10-3-9, AS AMENDED BY P.L.10-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) The director shall keep a record of the
board's official actions concerning certificates issued under this chapter
and file the record together with questions and answers pertaining to
examinations established by the board, including the grade given for
the answer to each question. The record shall be open for inspection by
interested persons. If applications for certification are received, the
board shall meet at least quarterly at such time and place as it shall
consider advisable for the purpose of examining applicants for
certificates. These quarterly meetings shall be held in January, April,
July, and October. The date, time, and place of examination shall be
published at all coal mines in this state and posted on the web site
website maintained by the bureau of mines and mine safety at least
thirty (30) days before the examination. By a majority vote, the board
shall establish its rules of procedure and provide suitable certificates.
The board shall adopt rules establishing standards for the competent
practice of mine foreman, belt examiner, mine examiner, shot-firer,
mine electrician, and hoisting engineer.
(b) A person desiring certification for mine foreman, belt examiner,
mine examiner, shot-firer, mine electrician, or hoisting engineer must
make written application to the board on forms supplied by the board
not later than ten (10) days prior to the examination date.
SECTION 234. IC 22-13-5-4, AS AMENDED BY P.L.249-2019,
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SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) A written interpretation of a building law or
fire safety law binds all counties and municipalities if the state building
commissioner publishes the written interpretation of the building law
or fire safety law in the Indiana Register under IC 4-22-7-7(b). For
purposes of IC 4-22-7-7, a written interpretation of a building law or
fire safety law published by the state building commissioner is
considered adopted by an agency.
(b) A written interpretation of a building law or fire safety law
published under subsection (a) binds all counties and municipalities
until the earlier of the following:
(1) The general assembly enacts a statute that substantively
changes the building law or fire safety law interpreted or voids the
written interpretation.
(2) The commission adopts a rule under IC 4-22-2 to state a
different interpretation of the building law or fire safety law.
(3) The written interpretation is found to be an erroneous
interpretation of the building law or fire safety law in a judicial
proceeding.
(4) The state building commissioner publishes a different written
interpretation of the building law or fire safety law.
(c) The department or the state building commissioner shall create
an electronic data base for the purpose of cataloging all available
variance rulings by the commission or the department for the purpose
of making the information available to the public on the Internet web
site website of the department or the state building commissioner.
SECTION 235. IC 23-0.5-9-55, AS ADDED BY P.L.118-2017,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 55. The secretary of state shall collect the
following fees for copying and certifying the copy of any filed record:
(1) One dollar ($1) per page for copying.
(2) Fifteen dollars ($15) for certification.
The fees imposed under this section do not apply to any copies or
certifications that are processed on the secretary of state's Internet web
site. website.
SECTION 236. IC 23-1-29-5, AS AMENDED BY P.L.119-2015,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) A corporation shall, not less than ten (10)
days and not more than sixty (60) days before the date of each annual
or special shareholders' meeting, notify shareholders of all the
following:
(1) The date, time, and place, if the meeting will be located at a
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place, of the annual or special shareholders' meeting.
(2) The means of remote communication, if any, by which
shareholders may be considered present in person and vote at the
meeting.
Unless this article or the articles of incorporation require otherwise, the
corporation is required to give notice only to shareholders entitled to
vote at the meeting.
(b) Unless this article or the articles of incorporation require
otherwise, notice of an annual meeting need not include a description
of the purpose or purposes for which the meeting is called.
(c) Notice of a special meeting must include a description of the
purpose or purposes for which the meeting is called.
(d) If not otherwise fixed under section 7 of this chapter, the record
date for determining shareholders entitled to notice of and to vote at an
annual or special shareholders' meeting is the close of business on the
day before the first notice is delivered to shareholders.
(e) Unless the bylaws require otherwise, if an annual or special
shareholders' meeting is adjourned to a different date, time, or place,
notice need not be given of the new date, time, or place, if any, if the:
(1) new date, time, or place; and
(2) means of remote communication, if any, by which
shareholders may be considered to be present in person and vote
at the adjourned meeting;
are announced at the meeting before adjournment. If a new record date
for the adjourned meeting is or must be fixed under section 7 of this
chapter, however, notice of the adjourned meeting must be given under
this section to persons who are shareholders as of the new record date.
(f) A corporation may give notice of a shareholders' meeting under
this section by mailing the notice, postage prepaid, through the United
States Postal Service, using any class or form of mail, if:
(1) the shares to which the notice relates are of a class of
securities that is registered under the Exchange Act (as defined in
IC 23-1-43-9); and
(2) the notice and the related proxy or information statement
required under the Exchange Act (as defined in IC 23-1-43-9) are
available to the public, without cost or password, through the
corporation's Internet web site website not fewer than thirty (30)
days before the shareholders' meeting.
SECTION 237. IC 23-1.3-10-5, AS ADDED BY P.L.93-2015,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. If a benefit corporation has an Internet web site,
a website, a benefit corporation shall post all of its benefit reports on
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the public part of its Internet web site. website. However, the
compensation paid to directors and financial or proprietary information
included in the benefit reports may be omitted from the benefit reports
posted on the Internet web site. website.
SECTION 238. IC 23-19-2-2, AS AMENDED BY P.L.32-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The following transactions are exempt from the
requirements of IC 23-19-3-1 through IC 23-19-3-6 and IC 23-19-5-4:
(1) An isolated nonissuer transaction, whether effected by or
through a broker-dealer or not.
(2) A nonissuer transaction by or through a broker-dealer
registered, or exempt from registration under this article, and a
resale transaction by a sponsor of a unit investment trust
registered under the Investment Company Act of 1940, in a
security of a class that has been outstanding in the hands of the
public for at least ninety (90) days, if, at the date of the
transaction:
(A) the issuer of the security is engaged in business, the issuer
is not in the organizational stage or in bankruptcy or
receivership, and the issuer is not a blank check, blind pool, or
shell company that has no specific business plan or purpose or
has indicated that its primary business plan is to engage in a
merger or combination of the business with, or an acquisition
of, an unidentified person;
(B) the security is sold at a price reasonably related to its
current market price;
(C) the security does not constitute the whole or part of an
unsold allotment to, or a subscription or participation by, the
broker-dealer as an underwriter of the security or a
redistribution;
(D) a nationally recognized securities manual or its electronic
equivalent designated by rule adopted or order issued under
this article or a record filed with the Securities and Exchange
Commission that is publicly available contains:
(i) a description of the business and operations of the issuer;
(ii) the names of the issuer's executive officers and the
names of the issuer's directors, if any;
(iii) an audited balance sheet of the issuer as of a date within
eighteen (18) months before the date of the transaction or, in
the case of a reorganization or merger when the parties to
the reorganization or merger each had an audited balance
sheet, a pro forma balance sheet for the combined
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organization; and
(iv) an audited income statement for each of the issuer's two
(2) immediately previous fiscal years or for the period of
existence of the issuer, whichever is shorter, or, in the case
of a reorganization or merger when each party to the
reorganization or merger had audited income statements, a
pro forma income statement; and
(E) any one (1) of the following requirements is met:
(i) The issuer of the security has a class of equity securities
listed on a national securities exchange registered under
Section 6 of the Securities Exchange Act of 1934 or
designated for trading on the National Association of
Securities Dealers Automated Quotation System.
(ii) The issuer of the security is a unit investment trust
registered under the Investment Company Act of 1940.
(iii) The issuer of the security, including its predecessors,
has been engaged in continuous business for at least three
(3) years.
(iv) The issuer of the security has total assets of at least two
million dollars ($2,000,000) based on an audited balance
sheet as of a date within eighteen (18) months before the
date of the transaction or, in the case of a reorganization or
merger when the parties to the reorganization or merger
each had such an audited balance sheet, a pro forma balance
sheet for the combined organization.
(3) A nonissuer transaction by or through a broker-dealer
registered or exempt from registration under this article in a
security of a foreign issuer that is a margin security defined in
regulations or rules adopted by the Board of Governors of the
Federal Reserve System.
(4) A nonissuer transaction by or through a broker-dealer
registered or exempt from registration under this article in an
outstanding security if the guarantor of the security files reports
with the Securities and Exchange Commission under the reporting
requirements of Section 13 or 15(d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78m or 15 U.S.C. 78o(d)).
(5) A nonissuer transaction by or through a broker-dealer
registered or exempt from registration under this article in a
security that:
(A) is rated at the time of the transaction by a nationally
recognized statistical rating organization in one (1) of its four
(4) highest rating categories; or
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(B) has a fixed maturity or a fixed interest or dividend, if:
(i) a default has not occurred during the current fiscal year
or within the three (3) previous fiscal years, or during the
existence of the issuer and any predecessor if less than three
(3) fiscal years, in the payment of principal, interest, or
dividends on the security; and
(ii) the issuer is engaged in business, is not in the
organizational stage or in bankruptcy or receivership, and is
not and has not been within the previous twelve (12) months
a blank check, blind pool, or shell company that has no
specific business plan or purpose or has indicated that its
primary business plan is to engage in a merger or
combination of the business with, or an acquisition of, an
unidentified person.
(6) A nonissuer transaction by or through a broker-dealer
registered or exempt from registration under this article effecting
an unsolicited order or offer to purchase.
(7) A nonissuer transaction executed by a bona fide pledgee
without the purpose of evading this article.
(8) A nonissuer transaction by a federal covered investment
adviser with investments under management in excess of one
hundred million dollars ($100,000,000) acting in the exercise of
discretionary authority in a signed record for the account of
others.
(9) A transaction in a security, whether or not the security or
transaction is otherwise exempt, in exchange for one (1) or more
bona fide outstanding securities, claims, or property interests, or
partly in such exchange and partly for cash, if the terms and
conditions of the issuance and exchange or the delivery and
exchange and the fairness of the terms and conditions have been
approved by the commissioner after a hearing.
(10) A transaction between the issuer or other person on whose
behalf the offering is made and an underwriter, or among
underwriters.
(11) A transaction in a note, bond, debenture, or other evidence
of indebtedness secured by a mortgage or other security
agreement if:
(A) the note, bond, debenture, or other evidence of
indebtedness is offered and sold with the mortgage or other
security agreement as a unit;
(B) a general solicitation or general advertisement of the
transaction is not made; and
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(C) a commission or other remuneration is not paid or given,
directly or indirectly, to a person not registered under this
article as a broker-dealer or as an agent.
(12) A transaction by an executor, administrator of an estate,
sheriff, marshal, receiver, trustee in bankruptcy, guardian, or
conservator.
(13) A sale or offer to sell to:
(A) an institutional investor;
(B) a federal covered investment adviser; or
(C) any other person exempted by rule adopted or order issued
under this article.
(14) A sale or an offer to sell securities of an issuer, if the
transaction is part of a single issue in which:
(A) not more than twenty-five (25) purchasers are present in
this state during any twelve (12) consecutive months, other
than those designated in subdivision (13);
(B) a general solicitation or general advertising is not made in
connection with the offer to sell or sale of the securities;
(C) a commission or other remuneration is not paid or given,
directly or indirectly, to a person other than a broker-dealer
registered under this article or an agent registered under this
article for soliciting a prospective purchaser in this state; and
(D) the issuer reasonably believes that all the purchasers in
this state, other than those designated in subdivision (13), are
purchasing for investment.
(15) A transaction under an offer to existing security holders of
the issuer, including persons that at the date of the transaction are
holders of convertible securities, options, or warrants, if a
commission or other remuneration, other than a standby
commission, is not paid or given, directly or indirectly, for
soliciting a security holder in this state.
(16) An offer to sell, but not a sale of, of a security not exempt
from registration under the Securities Act of 1933 if:
(A) a registration or offering statement or similar record as
required under the Securities Act of 1933 has been filed, but
is not effective, or the offer is made in compliance with Rule
165 adopted under the Securities Act of 1933 (17 CFR
230.165); and
(B) a stop order of which the offeror is aware has not been
issued against the offeror by the commissioner or the
Securities and Exchange Commission, and an audit,
inspection, or proceeding that is public and that may culminate
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in a stop order is not known by the offeror to be pending.
(17) An offer to sell, but not a sale of, a security exempt from
registration under the Securities Act of 1933 if:
(A) a registration statement has been filed under this article,
but is not effective;
(B) a solicitation of interest is provided in a record to offerees
in compliance with a rule adopted by the commissioner under
this article; and
(C) a stop order of which the offeror is aware has not been
issued by the commissioner under this article and an audit,
inspection, or proceeding that may culminate in a stop order is
not known by the offeror to be pending.
(18) A transaction involving the distribution of the securities of
an issuer to the security holders of another person in connection
with a merger, consolidation, exchange of securities, sale of
assets, or other reorganization to which the issuer, or its parent or
subsidiary and the other person, or its parent or subsidiary, are
parties.
(19) A rescission offer, sale, or purchase under IC 23-19-5-10.
(20) An offer or sale of a security to a person not a resident of this
state and not present in this state if the offer or sale does not
constitute a violation of the laws of the state or foreign
jurisdiction in which the offeree or purchaser is present and is not
part of an unlawful plan or scheme to evade this article.
(21) Employees' stock purchase, savings, option, profit-sharing,
pension, or similar employees' benefit plan, including any
securities, plan interests, and guarantees issued under a
compensatory benefit plan or compensation contract, contained
in a record, established by the issuer, its parents, its
majority-owned subsidiaries, or the majority-owned subsidiaries
of the issuer's parent for the participation of their employees
including offers or sales of such securities to:
(A) directors; general partners; trustees, if the issuer is a
business trust; officers; consultants; and advisers;
(B) family members who acquire such securities from those
persons through gifts or domestic relations orders;
(C) former employees, directors, general partners, trustees,
officers, consultants, and advisers if those individuals were
employed by or providing services to the issuer when the
securities were offered; and
(D) insurance agents who are exclusive insurance agents of the
issuer, or the issuer's subsidiaries or parents, or who derive
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more than fifty percent (50%) of their annual income from
those organizations.
(22) A transaction involving:
(A) a stock dividend or equivalent equity distribution, whether
the corporation or other business organization distributing the
dividend or equivalent equity distribution is the issuer or not,
if nothing of value is given by stockholders or other equity
holders for the dividend or equivalent equity distribution other
than the surrender of a right to a cash or property dividend if
each stockholder or other equity holder may elect to take the
dividend or equivalent equity distribution in cash, property, or
stock;
(B) an act incident to a judicially approved reorganization in
which a security is issued in exchange for one (1) or more
outstanding securities, claims, or property interests, or partly
in such exchange and partly for cash; or
(C) the solicitation of tenders of securities by an offeror in a
tender offer in compliance with Rule 162 adopted under the
Securities Act of 1933 (17 CFR 230.162).
(23) A nonissuer transaction in an outstanding security by or
through a broker-dealer registered or exempt from registration
under this article, if the issuer is a reporting issuer in a foreign
jurisdiction designated by this subdivision or by rule adopted or
order issued under this article; has been subject to continuous
reporting requirements in the foreign jurisdiction for not less than
one hundred eighty (180) days before the transaction; and the
security is listed on the foreign jurisdiction's securities exchange
that has been designated by this subdivision or by rule adopted or
order issued under this article, or is a security of the same issuer
that is of senior or substantially equal rank to the listed security
or is a warrant or right to purchase or subscribe to any of the
foregoing. For purposes of this subdivision, Canada, together with
its provinces and territories, is a designated foreign jurisdiction
and The Toronto Stock Exchange, Inc., is a designated securities
exchange. After an administrative hearing in compliance with this
article, the commissioner, by rule adopted or order issued under
this article, may revoke the designation of a securities exchange
under this subdivision, if the commissioner finds that revocation
is necessary or appropriate in the public interest and for the
protection of investors.
(24) Subject to the following, an offer or sale of securities by an
issuer made after June 30, 2014, only to persons who are or the
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issuer reasonably believes are accredited investors:
(A) The exemption under this subdivision is not available to
an issuer that is in the development stage that either has no
specific business plan or purpose or has indicated that its
business plan is to engage in a merger or acquisition with:
(i) an unidentified company or companies; or
(ii) another entity or person.
(B) The issuer reasonably believes that all purchasers are
purchasing for investment and not with the view to or for sale
in connection with a distribution of the security. Any resale of
a security sold in reliance on the exemption under this
subdivision within twelve (12) months after sale is presumed
to be with a view to distribution and not for investment,
except:
(i) a resale under a registration statement effective under
IC 23-19-3; or
(ii) a resale to an accredited investor under an exemption
available under the Indiana Uniform Securities Act.
(C) Except as provided in clause (D), the exemption under this
subdivision is not available to an issuer if the issuer, any of the
issuer's predecessors, any affiliated issuer, any of the issuer's
directors, officers, general partners, beneficial owners of ten
percent (10%) or more of any class of its equity securities, any
of the issuer's promoters presently connected with the issuer in
any capacity, any underwriter of the securities to be offered, or
any partner, director, or officer of the underwriter:
(i) within the last five (5) years, has filed a registration
statement that is the subject of a currently effective
registration stop order entered by any state securities
administrator or the Securities and Exchange Commission;
(ii) within the last five (5) years, has been convicted of any
criminal offense in connection with the offer, purchase, or
sale of any security, or any criminal offense involving fraud
or deceit;
(iii) is currently subject to any state or federal administrative
enforcement order or judgment entered within the last five
(5) years, finding fraud or deceit in connection with the
purchase or sale of any security; or
(iv) is currently subject to any order, judgment, or decree of
any court with jurisdiction, entered within the last five (5)
years, temporarily, preliminarily, or permanently restraining
or enjoining the party from engaging in or continuing to
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engage in any conduct or practice involving fraud or deceit
in connection with the purchase or sale of any security.
(D) Clause (C) does not apply if:
(i) the party subject to the disqualification is licensed or
registered to conduct securities related business in the state
in which the order, judgment, or decree creating the
disqualification was entered against the party;
(ii) before the first offer under the exemption described in
this subdivision, the state securities administrator, or the
court or regulatory authority that entered the order,
judgment, or decree, waives the disqualification; or
(iii) the issuer establishes that it did not know and in the
exercise of reasonable care, based on a factual inquiry, could
not have known that a disqualification existed under this
subdivision.
(E) A general announcement of the proposed offering may be
made by any means. A general announcement described in this
clause must include only the following information, unless
additional information is specifically permitted by the
commissioner:
(i) The name, address, and telephone number of the issuer of
the securities.
(ii) The name, a brief description, and price (if known) of
any security to be issued.
(iii) A brief description of the business of the issuer in
twenty-five (25) words or less.
(iv) The type, number, and aggregate amount of securities
being offered.
(v) The name, address, and telephone number of the person
to contact for additional information.
(vi) A statement that indicates that sales will be made only
to accredited investors, that no money or other consideration
is being solicited or will be accepted by way of the general
announcement, that the securities have not been registered
with or approved by any state securities agency or the
Securities and Exchange Commission, and that the securities
are being offered and sold under an exemption from
registration.
(F) The issuer, in connection with an offer, may provide
information in addition to the general announcement under
clause (E), if the information:
(i) is delivered through an electronic data base that is
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restricted to persons who have been prequalified as
accredited investors; or
(ii) is delivered after the issuer reasonably believes that the
prospective purchaser is an accredited investor.
(G) No telephone solicitation is permitted unless before
placing the call, the issuer reasonably believes that the
prospective purchaser to be solicited is an accredited investor.
(H) Dissemination of the general announcement of the
proposed offering to persons who are not accredited investors
does not disqualify the issuer from claiming the exemption
under this subdivision.
(I) The issuer shall file with the division a notice of
transaction, a consent to service of process, a copy of the
general announcement, and a fee established by the
commissioner within fifteen (15) days after the first sale in
Indiana.
(25) An offer to sell or a sale of a security of an issuer made after
June 30, 2014, if:
(A) the transaction is part of a single issue in which:
(i) the offer or sale is made in compliance with 17 CFR
230.504 and 17 CFR 230.506;
(ii) the issuer is required to submit a notice filing on a Form
D (17 CFR 239.500) or a successor form, as promulgated by
the Securities and Exchange Commission, to the
commissioner together with a consent to service of process
complying with IC 23-19-6-11, signed by the issuer, not
later than fifteen (15) days after the first sale of securities in
Indiana; and
(iii) by submitting the notice described in item (ii), the issuer
agrees, upon written request by the commissioner, to furnish
to the commissioner any information the issuer furnished to
offerees;
(B) for offerings made in compliance with 17 CFR 230.504, no
commission, fee, or other remuneration is paid or given,
directly or indirectly, to any broker-dealer for soliciting any
prospective purchaser in this state unless the broker-dealer is
appropriately registered under this article. It is a defense to a
violation of this clause if the issuer sustains the burden of
proof that the issuer did not know and, in the exercise of
reasonable care could not have known, that the person who
received the commission, fee, or other remuneration was not
properly registered; and
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(C) in all sales to purchasers other than those described in
subdivision (13) for offerings made in compliance with 17
CFR 230.504, at least one (1) of the following is satisfied:
(i) The investment is suitable for the purchaser upon the
basis of facts, if any facts are disclosed by the purchaser, as
to the purchaser's other securities holdings, financial
situation, and needs. For purposes of this item only, it is
presumed that, if the investment does not exceed ten percent
(10%) of the investor's net worth, the investment is suitable.
(ii) The purchaser, either alone or with the purchaser's
representative or representatives, has the knowledge and
experience in financial and business matters that
demonstrate that the purchaser is capable of evaluating the
merits and risks of the prospective investment.
(26) Any offer or sale of securities after June 30, 2014, by an
issuer that meets the requirements of the federal exemption for
intrastate offerings in Section 3(a)(11) of the Securities Act of
1933, 15 U.S.C. 77c(a)(11), and Securities and Exchange
Commission Rule 147, 17 CFR 230.147. However, all the
following apply:
(A) The issuer must make a notice filing with the division on
a form prescribed by the commissioner within thirty (30) days
after the first sale in Indiana.
(B) Any commission, discount, or other remuneration for sales
of securities in Indiana must be paid or given only to dealers
or salespersons licensed under this article.
(C) The issuer must pay the fee established by the
commissioner. However, no filing fee is required to file
amendments to the form described in clause (A).
(D) Within ten (10) days of receiving the form required by this
subdivision, the commissioner may require the issuer to
furnish any additional information considered necessary by the
commissioner to determine the issuer's qualifications.
(27) An offer or sale of a security made after June 30, 2014, by an
issuer if the offer or sale is conducted in accordance with all the
following requirements:
(A) The issuer of the security is a business entity organized
under the laws of Indiana and authorized to do business in
Indiana.
(B) The transaction meets the requirements of the federal
exemption for intrastate offerings in Section 3(a)(11) of the
Securities Act of 1933 (15 U.S.C. 77c(a)(11)) and Rule 147
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adopted under the Securities Act of 1933 (17 CFR 230.147).
(C) Except as provided in clause (E), the sum of all cash and
other consideration to be received for all sales of the security
in reliance on the exemption under this subdivision, excluding
sales to any accredited investor or institutional investor, does
not exceed the following amount:
(i) If the issuer has not undergone and made available to
each prospective investor and the commissioner the
documentation resulting from a financial audit of its most
recently completed fiscal year that complies with generally
accepted accounting principles, one million dollars
($1,000,000), less the aggregate amount received for all
sales of securities by the issuer within the twelve (12)
months before the first offer or sale made in reliance on the
exemption under this subdivision.
(ii) If the issuer has undergone and made available to each
prospective investor and the commissioner the
documentation resulting from a financial audit of its most
recently completed fiscal year that complies with generally
accepted accounting principles, two million dollars
($2,000,000), less the aggregate amount received for all
sales of securities by the issuer within the twelve (12)
months before the first offer or sale made in reliance on the
exemption under this subdivision.
(D) An offer or sale to an officer, director, partner, trustee, or
individual occupying similar status or performing similar
functions with respect to the issuer or to a person owning ten
percent (10%) or more of the outstanding shares of any class
or classes of securities of the issuer does not count toward the
monetary limitations in clause (C).
(E) The issuer does not accept more than five thousand dollars
($5,000) from any single purchaser unless the purchaser is an
accredited investor.
(F) Unless waived by written consent by the commissioner, not
less than ten (10) days before the commencement of an
offering of securities in reliance on the exemption under this
subdivision, the issuer must do all the following:
(i) Make a notice filing with the division on a form
prescribed by the commissioner.
(ii) Pay the fee established by the commissioner. However,
no filing fee is required to file amendments to the form
described in item (i).
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(iii) Provide the commissioner a copy of the disclosure
document to be provided to prospective investors under
clause (L).
(iv) Provide the commissioner a copy of an escrow
agreement with a bank, regulated trust company or corporate
fiduciary, savings bank, savings and loan association, or
credit union authorized to do business in Indiana in which
the issuer will deposit the investor funds or cause the
investor funds to be deposited. The bank, regulated trust
company or corporate fiduciary, savings bank, savings and
loan association, or credit union in which the investor funds
are deposited is only responsible to act at the direction of the
party establishing the escrow agreement and does not have
any duty or liability, contractual or otherwise, to any
investor or other person.
(v) The issuer shall not access the escrow funds until the
aggregate funds raised from all investors equals or exceeds
the minimum amount specified in the escrow agreement.
(vi) An investor may cancel the investor's commitment to
invest if the target offering amount is not raised before the
time stated in the escrow agreement.
(G) The issuer is not, either before or as a result of the
offering, an investment company, as defined in Section 3 of
the Investment Company Act of 1940 (15 U.S.C. 80a-3), an
entity that would be an investment company but for the
exclusions provided in Section 3(c) of the Investment
Company Act of 1940 (15 U.S.C. 80a-3(c)), or subject to the
reporting requirements of Section 13 or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m or 15 U.S.C. 78o(d)).
(H) The issuer informs all prospective purchasers of securities
offered under an exemption under this subdivision that the
securities have not been registered under federal or state
securities law and that the securities are subject to limitations
on resale. The issuer shall display the following legend
conspicuously on the cover page of the disclosure document:
"IN MAKING AN INVESTMENT DECISION,
INVESTORS MUST RELY ON THEIR OWN
EXAMINATION OF THE ISSUER AND THE TERMS OF
THE OFFERING, INCLUDING THE MERITS AND RISKS
INVOLVED. THESE SECURITIES HAVE NOT BEEN
RECOMMENDED BY ANY FEDERAL OR STATE
SECURITIES COMMISSION OR DIVISION OR OTHER
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REGULATORY AUTHORITY. FURTHERMORE, THE
FOREGOING AUTHORITIES HAVE NOT CONFIRMED
THE ACCURACY OR DETERMINED THE ADEQUACY
OF THIS DOCUMENT. ANY REPRESENTATION TO
THE CONTRARY IS A CRIMINAL OFFENSE. THESE
SECURITIES ARE SUBJECT TO RESTRICTIONS ON
TRANSFERABILITY AND RESALE AND MAY NOT BE
TRANSFERRED OR RESOLD EXCEPT AS PERMITTED
BY SUBSECTION (e) OF SEC RULE 147 (17 CFR
230.147(e)) AS PROMULGATED UNDER THE
SECURITIES ACT OF 1933, AS AMENDED, AND THE
APPLICABLE STATE SECURITIES LAWS, PURSUANT
TO REGISTRATION OR EXEMPTION THEREFROM.
INVESTORS SHOULD BE AWARE THAT THEY WILL
BE REQUIRED TO BEAR THE FINANCIAL RISKS OF
THIS INVESTMENT FOR AN INDEFINITE PERIOD OF
TIME.".
(I) The issuer requires each purchaser to certify in writing or
electronically as follows:
"I UNDERSTAND AND ACKNOWLEDGE THAT I am
investing in a high-risk, speculative business venture. I may
lose all of my investment, or under some circumstances
more than my investment, and I can afford this loss. This
offering has not been reviewed or approved by any state or
federal securities commission or division or other regulatory
authority and no such person or authority has confirmed the
accuracy or determined the adequacy of any disclosure made
to me relating to this offering. The securities I am acquiring
in this offering are illiquid, there is no ready market for the
sale of such securities, it may be difficult or impossible for
me to sell or otherwise dispose of this investment, and,
accordingly, I may be required to hold this investment
indefinitely. I may be subject to tax on my share of the
taxable income and losses of the company, whether or not I
have sold or otherwise disposed of my investment or
received any dividends or other distributions from the
company.".
(J) The issuer obtains from each purchaser of a security
offered under an exemption under this subdivision evidence
that the purchaser is a resident of Indiana and, if applicable, is
an accredited investor.
(K) All payments for purchase of securities offered under an
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exemption under this subdivision are directed to and held by
the financial institution specified in clause (F)(iv). The
commissioner may request from the financial institutions
information necessary to ensure compliance with this section.
This information is not a public record and is not available for
public inspection.
(L) The issuer of securities offered under an exemption under
this subdivision provides a disclosure document to each
prospective investor at the time the offer of securities is made
to the prospective investor that contains all the following:
(i) A description of the company, its type of entity, the
address and telephone number of its principal office, its
history, its business plan, and the intended use of the
offering proceeds, including any amounts to be paid, as
compensation or otherwise, to any owner, executive officer,
director, managing member, or other person occupying a
similar status or performing similar functions on behalf of
the issuer.
(ii) The identity of all persons owning more than twenty
percent (20%) of the ownership interests of any class of
securities of the company.
(iii) The identity of the executive officers, directors,
managing members, and other persons occupying a similar
status or performing similar functions in the name of and on
behalf of the issuer, including their titles and their prior
experience.
(iv) The terms and conditions of the securities being offered
and of any outstanding securities of the company; the
minimum and maximum amount of securities being offered,
if any; either the percentage ownership of the company
represented by the offered securities or the valuation of the
company implied by the price of the offered securities; the
price per share, unit, or interest of the securities being
offered; any restrictions on transfer of the securities being
offered; and a disclosure of any anticipated future issuance
of securities that might dilute the value of securities being
offered.
(v) The identity of any person who has been or will be
retained by the issuer to assist the issuer in conducting the
offering and sale of the securities, including any Internet
web site website operator but excluding persons acting
solely as accountants or attorneys and employees whose
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primary job responsibilities involve the operating business
of the issuer rather than assisting the issuer in raising
capital.
(vi) For each person identified as required in this clause, a
description of the consideration being paid to the person for
such assistance.
(vii) A description of any litigation, legal proceedings, or
pending regulatory action involving the company or its
management.
(viii) The names and addresses, including the Uniform
Resource Locator, of each Internet web site website that will
be used by the issuer to offer or sell securities under an
exemption under this subdivision.
(ix) Any additional information material to the offering,
including, if appropriate, a discussion of significant factors
that make the offering speculative or risky. This discussion
must be concise and organized logically and may not be
limited to risks that could apply to any issuer or any offering.
(M) The exemption under this subdivision may not be used in
conjunction with any other exemption under this article,
except for offers and sales to individuals identified in the
disclosure document, during the immediately preceding twelve
(12) month period.
(N) The exemption described in this subdivision does not
apply if an issuer or person affiliated with the issuer or
offering is subject to disqualification established by the
commissioner by rule or contained in the Securities Act of
1933 (15 U.S.C. 77c(a)(11)) and Rule 262 adopted under the
Securities Act of 1933 (17 CFR 230.262). However, this
clause does not apply if both of the following are met:
(i) On a showing of good cause and without prejudice to any
other action by the commissioner, the commissioner
determines that it is not necessary under the circumstances
that an exemption is denied.
(ii) The issuer establishes that it made a factual inquiry into
whether any disqualification existed under this subdivision
but did not know, and in the exercise of reasonable care,
could not have known that a disqualification existed under
this subdivision. The nature and scope of the requisite
inquiry will vary based on the circumstances of the issuer
and the other offering participants.
(O) The offering exempted under this subdivision is made
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exclusively through one (1) or more Internet web sites
websites and each Internet web site website is subject to the
following:
(i) Before any offer or sale of securities, the issuer must
provide to the Internet web site website operator evidence
that the issuer is organized under the laws of Indiana and is
authorized to do business in Indiana.
(ii) Subject to items (iii) and (v), the Internet web site
website operator must register with the division by filing a
statement, accompanied by the filing fee established by the
commissioner, that includes all the information described in
section 2.3(b) of this chapter.
(iii) The Internet web site website operator is not required
to register as a broker-dealer if all the conditions in section
2.3(c) of this chapter apply with respect to the Internet web
site website and its operator.
(iv) If any change occurs that affects the Internet web site's
website's registration exemption, the Internet web site
website operator must notify the division within thirty (30)
days after the change occurs.
(v) The Internet web site website operator is not required to
register as a broker-dealer under item (ii) if the Internet web
site website operator is registered as a broker-dealer under
the Securities Exchange Act of 1934 (15 U.S.C. 78o) or is a
funding portal registered under the Securities Act of 1933
(15 U.S.C. 77d-1) and the Securities and Exchange
Commission has adopted rules under authority of Section
3(h) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(h)) and P.L.112-106, Section 304, governing funding
portals. This item does not require an Internet web site a
website operator to register as a broker-dealer under the
Securities Exchange Act of 1934 or as a funding portal
under the Securities Act of 1933.
(vi) The issuer and the Internet web site website operator
must maintain records of all offers and sales of securities
effected through the Internet web site website and must
provide ready access to the records to the division, upon
request. The records of an Internet web site a website
operator under this clause are subject to the reasonable
periodic, special, or other audits or inspections by a
representative of the commissioner, in or outside Indiana, as
the commissioner considers necessary or appropriate in the
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public interest and for the protection of investors. An audit
or inspection may be made at any time and without prior
notice. The commissioner may copy, and remove for audit
or inspection copies of, all records the commissioner
reasonably considers necessary or appropriate to conduct the
audit or inspection. The commissioner may assess a
reasonable charge for conducting an audit or inspection
under this item.
(vii) The Internet web site website operator shall limit web
site website access to the offer or sale of securities to only
Indiana residents.
(viii) The Internet web site website operator shall not hold,
manage, possess, or handle investor funds or securities.
(ix) The Internet web site website operator may not be an
investor in any Indiana offering under this subdivision or
subdivision (26).
(P) An issuer of a security, the offer and sale of which is
exempt under this subdivision, shall provide, free of charge, a
quarterly report to the issuer's investors until no securities
issued under an exemption under this subdivision are
outstanding. An issuer may satisfy the reporting requirement
of this clause by making the information available on an
Internet web site a website if the information is made
available within forty-five (45) days after the end of each fiscal
quarter and remains available until the succeeding quarterly
report is issued. An issuer shall file each quarterly report under
this clause with the division and, if the quarterly report is
made available on an Internet web site, a website, the issuer
shall also provide a written copy of the report to any investor
upon request. The report must contain all the following:
(i) Compensation received by each director and executive
officer, including cash compensation earned since the
previous report and on an annual basis and any bonuses,
stock options, other rights to receive securities of the issuer
or any affiliate of the issuer, or other compensation received.
(ii) An analysis by management of the issuer of the business
operations and financial condition of the issuer.
(Q) In 2019 and every fifth year thereafter, the commissioner
shall cumulatively adjust the dollar limitations provided in
clause (C) to reflect the change in the Consumer Price Index
for all Urban Consumers published by the federal Bureau of
Labor Statistics rounding each dollar limitation to the nearest
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fifty thousand dollars ($50,000).
(28) An offer to sell or a sale of a security of an issuer made after
June 30, 2017, in which the offer or sale is made in compliance
with federal Regulation Crowdfunding (17 CFR 227) and
Sections 4(a)(6) and 18(b)(4)(C) of the Securities Act of 1933.
The following apply to an offering exempt under federal
Regulation Crowdfunding (17 CFR 227):
(A) If the issuer either has its principal place of business in
Indiana or sells fifty percent (50%) or greater of the aggregate
amount of the offering to residents of Indiana, the issuer shall
file the following with the commissioner:
(i) A completed Uniform Notice of Federal Crowdfunding
Offering form or copies of all documents filed with the
Securities and Exchange Commission.
(ii) A consent to service of process on Form U-2 if not filing
on the Uniform Notice of Federal Crowdfunding Offering
form.
(B) If the issuer has its principal place of business in Indiana,
the filing required by clause (A) must be filed with the
commissioner when the issuer makes its initial Form C filing
concerning the offering with the Securities and Exchange
Commission. If the issuer does not have its principal place of
business in Indiana but residents of Indiana have purchased
fifty percent (50%) or greater of the aggregate amount of the
offering, the filing required by clause (A) must be filed when
the issuer becomes aware that the purchases have met this
threshold and not later than thirty (30) days after the date of
completion of the offering.
(C) The initial notice filing is effective for twelve (12) months
after the date of the filing with the commissioner.
(D) For each additional twelve (12) month period in which the
same offering is continued, an issuer conducting an offering
under federal Regulation Crowdfunding (17 CFR 227) may
renew its notice filing by filing, on or before the expiration of
the notice filing:
(i) a completed Uniform Notice of Federal Crowdfunding
Offering form marked "renewal";
(ii) a cover letter or other document requesting renewal; or
(iii) both the form described in item (i) and a cover letter or
other document described in item (ii).
(E) The issuer may increase the amount of securities offered
in Indiana by submitting a completed Uniform Notice of
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Federal Crowdfunding Offering form marked "amendment" or
another document describing the transaction.
(29) An offer to sell or a sale of a security of an issuer made after
June 30, 2017, in which the offer or sale is made in compliance
with Tier 2 of federal Regulation A and Section 18(b)(3) or
Section 18(b)(4) of the Securities Act of 1933. The following
apply to an offering exempt under Tier 2 of federal Regulation A:
(A) The issuer shall file the following with the commissioner
at least twenty-one (21) calendar days before the initial sale in
Indiana:
(i) A completed Uniform Notice of Regulation A - Tier 2
Offering form or copies of all documents filed with the
Securities and Exchange Commission.
(ii) A consent to service of process on Form U-2 if not filing
on the Uniform Notice of Regulation A - Tier 2 Offering
form.
(B) The initial notice filing is effective for twelve (12) months
from the date of the filing with the commissioner.
(C) For each additional twelve (12) month period in which the
same offering is continued, an issuer conducting a Tier 2
offering under federal Regulation A may renew its notice
filing by filing, on or before the expiration of the notice filing:
(i) the Uniform Notice of Regulation A - Tier 2 Offering
form marked "renewal";
(ii) a cover letter or other document requesting renewal; or
(iii) both the form described in item (i) and a cover letter or
other document described in item (ii).
(D) The issuer may increase the amount of securities offered
in Indiana by submitting a completed Uniform Notice of
Regulation A - Tier 2 Offering form marked "amendment" or
another document describing the transaction.
SECTION 239. IC 23-19-2-2.3, AS ADDED BY P.L.106-2014,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.3. (a) This section applies to an offering under
section 2(27)(O) of this chapter that is made exclusively through one
(1) or more Internet web sites websites and each Internet web site.
website.
(b) As required by section 2(27)(O)(ii) of this chapter, the Internet
web site website operator shall register with the division by filing a
statement, accompanied by the filing fee established by the
commissioner, that includes all the following:
(1) That the Internet web site website operator is a business entity
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organized under the laws of Indiana and authorized to do business
in Indiana.
(2) That the Internet web site website is being used to offer and
sell securities pursuant to the exemption under section 2(27) of
this chapter.
(3) The identity and location of, and contact information for, the
Internet web site website operator.
(4) Except as provided in subsection (c), that the Internet web site
website operator is registered as a broker-dealer under
IC 23-19-4.
(c) The Internet web site website operator is not required to register
as a broker-dealer if all the following apply with respect to the Internet
web site website and its operator:
(1) It does not offer investment advice or recommendations.
(2) It does not solicit purchases, sales, or offers to buy the
securities offered or displayed on the Internet web site. website.
(3) It does not compensate employees, agents, or other persons for
the solicitation or based on the sale of securities displayed or
referenced on the Internet web site. website.
(4) It is not compensated based on the amount of securities sold,
and it does not hold, manage, possess, or otherwise handle
investor funds or securities.
(5) The fee it charges an issuer for an offering of securities on the
Internet web site website is a fixed amount for each offering, a
variable amount based on the length of time that the securities are
offered on the Internet web site, website, or a combination of the
fixed and variable amounts.
(6) It does not identify, promote, or otherwise refer to any
individual security offered on the Internet web site website in any
advertising for the Internet web site. website.
(7) It does not engage in any other activities that the division, by
rule, determines are prohibited of the Internet web site. website.
(8) Neither the Internet web site website operator, nor any
director, executive officer, general partner, managing member, or
other person with management authority over the Internet web
site website operator, has been subject to any conviction, order,
judgment, decree, or other action specified in Rule 506(d)(1)
adopted under the Securities Act of 1933 (17 CFR 230.506(d)(1))
that would disqualify an issuer under Rule 506(d) adopted under
the Securities Act of 1933 (17 CFR 230.506(d)) from claiming an
exemption specified in Rule 506(a) to Rule 506(c) adopted under
the Securities Act of 1933 (17 CFR 230.506(a) to 17 CFR
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230.506(c)).
SECTION 240. IC 23-19-4.1-10, AS AMENDED BY P.L.158-2017,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. Not later than September 1, 2017, the
commissioner shall develop and make available on the secretary of
state's Internet web site website information that includes training
resources to assist broker-dealers, investment advisers, and qualified
individuals in the prevention and detection of financial exploitation of
financially vulnerable adults. The training resources must include
information on:
(1) indicators of financial exploitation of financially vulnerable
adults; and
(2) the potential steps broker-dealers, investment advisers, and
qualified individuals can take, under Indiana law, to prevent
suspected financial exploitation of financially vulnerable adults.
SECTION 241. IC 23-20-1-12, AS ADDED BY P.L.114-2010,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. (a) A person eligible for restitution assistance
under section 11 of this chapter may file an application for restitution
assistance with the division.
(b) The application must be received by the division not more than
one hundred eighty (180) days after the date of the order described in
section 16 of this chapter. The division may grant an extension of time
for good cause shown by the claimant. However, the division may not
accept an application that is received more than two (2) years after the
date of the order described in section 16 of this chapter.
(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 claimant
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 processing the application.
SECTION 242. IC 24-4-21-4, AS ADDED BY P.L.153-2018,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) Except as provided in subsection (b), low
THC hemp extract must be distributed in packaging that contains the
following information:
(1) A scannable bar code or QR code linked to a document that
contains information with respect to the manufacture of the low
THC hemp extract, including the:
(A) batch identification number;
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(B) product name;
(C) batch date;
(D) expiration date, which must be not more than two (2) years
from the date of manufacture;
(E) batch size;
(F) total quantity produced;
(G) ingredients used, including the:
(i) ingredient name;
(ii) name of the company that manufactured the ingredient;
(iii) company or product identification number or code, if
applicable; and
(iv) ingredient lot number; and
(H) download link for a certificate of analysis for the low THC
hemp extract.
(2) The batch number.
(3) The Internet address of a web site website to obtain batch
information.
(4) The expiration date.
(5) The number of milligrams of low THC hemp extract.
(6) The manufacturer.
(7) The fact that the product contains not more than three-tenths
percent (0.3%) total delta-9-tetrahydrocannabinol (THC),
including precursors, by weight.
(b) Before July 1, 2018, low THC hemp extract may be distributed
in Indiana without having met the requirements described in subsection
(a).
SECTION 243. IC 24-4-26-2, AS ADDED BY P.L.227-2025,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. As used in this chapter, "marijuana" has the
meaning set forth in IC 35-48-1-19. IC 35-48-1.1-29.
SECTION 244. IC 24-4.5-2-209, AS AMENDED BY P.L.85-2020,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 209. (1) Subject to the provisions on rebate upon
prepayment (section 210 of this chapter), the buyer may prepay in full
the unpaid balance of a consumer credit sale, refinancing, or
consolidation at any time without penalty.
(2) At the time of prepayment of a credit sale not subject to the
provisions of rebate upon prepayment (section 210 of this chapter), the
total credit service charge:
(a) including the prepaid credit service charge; but
(b) subject to section 201(13) of this chapter, excluding the
nonrefundable prepaid finance charge allowed under section
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201(11) of this chapter, in the case of a sale agreement entered
into after June 30, 2020;
may not exceed the maximum charge allowed under this chapter for the
period the credit sale was in effect.
(3) The creditor or mortgage servicer shall provide, in writing, an
accurate payoff amount for the consumer credit sale to the debtor
within seven (7) business days (excluding legal public holidays,
Saturdays, and Sundays) after the creditor or mortgage servicer
receives the debtor's written request for the accurate consumer credit
sale payoff amount. A payoff statement provided by a creditor or
mortgage servicer under this subsection must show the date the
statement was prepared and itemize the unpaid principal balance and
each fee, charge, or other sum included within the payoff amount. A
creditor or mortgage servicer who fails to provide the accurate
consumer credit sale payoff amount is liable for:
(A) (a) one hundred dollars ($100) if an accurate consumer credit
sale payoff amount is not provided by the creditor or mortgage
servicer within seven (7) business days (excluding legal public
holidays, Saturdays, and Sundays) after the creditor or mortgage
servicer receives the debtor's first written request; and
(B) (b) the greater of:
(i) one hundred dollars ($100); or
(ii) the credit service charge that accrues on the sale from the
date the creditor or mortgage servicer receives the first written
request until the date on which the accurate consumer credit
sale payoff amount is provided;
if an accurate consumer credit sale payoff amount is not provided
by the creditor or mortgage servicer within seven (7) business
days (excluding legal public holidays, Saturdays, and Sundays)
after the creditor or mortgage servicer receives the debtor's
second written request, and the creditor or mortgage servicer
failed to comply with clause (A). subdivision (a).
A liability under this subsection is an excess charge under
IC 24-4.5-5-202.
(4) As used in this subsection, "mortgage transaction" means a
consumer credit sale in which a mortgage or a land contract (or another
consensual security interest equivalent to a mortgage or a land contract)
that constitutes a lien is created or retained against land upon which
there is constructed or intended to be constructed a dwelling that is or
will be used by the debtor primarily for personal, family, or household
purposes. This subsection applies to a mortgage transaction with
respect to which any installment or minimum payment due is
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delinquent for at least sixty (60) days. The creditor, servicer, or the
creditor's agent shall acknowledge a written offer made in connection
with a proposed short sale not later than five (5) business days
(excluding legal public holidays, Saturdays, and Sundays) after the date
of the offer if the offer complies with the requirements for a qualified
written request set forth in 12 U.S.C. 2605(e)(1)(B). The creditor,
servicer, or creditor's agent is required to acknowledge a written offer
made in connection with a proposed short sale from a third party acting
on behalf of the debtor only if the debtor has provided written
authorization for the creditor, servicer, or creditor's agent to do so. Not
later than thirty (30) business days (excluding legal public holidays,
Saturdays, and Sundays) after receipt of an offer under this subsection,
the creditor, servicer, or creditor's agent shall respond to the offer with
an acceptance or a rejection of the offer. The thirty (30) day period
described in this subsection may be extended for not more than fifteen
(15) business days (excluding legal public holidays, Saturdays, and
Sundays) if, before the end of the thirty (30) day period, the creditor,
the servicer, or the creditor's agent notifies the debtor of the extension
and the reason the extension is needed. Payment accepted by a creditor,
servicer, or creditor's agent in connection with a short sale constitutes
payment in full satisfaction of the mortgage transaction unless the
creditor, servicer, or creditor's agent obtains:
(a) the following statement: "The debtor remains liable for any
amount still owed under the mortgage transaction."; or
(b) a statement substantially similar to the statement set forth in
subdivision (a);
acknowledged by the initials or signature of the debtor, on or before the
date on which the short sale payment is accepted. As used in this
subsection, "short sale" means a transaction in which the property that
is the subject of a mortgage transaction is sold for an amount that is
less than the amount of the debtor's outstanding obligation under the
mortgage transaction. A creditor or mortgage servicer that fails to
respond to an offer within the time prescribed by this subsection is
liable in accordance with 12 U.S.C. 2605(f) in any action brought
under that section.
(5) This section is not intended to provide the owner of real estate
subject to the issuance of process under a judgment or decree of
foreclosure any protection or defense against a deficiency judgment for
purposes of the borrower protections from liability that must be
disclosed under 12 CFR 1026.38(p)(3) on the form required by 12 CFR
1026.38 ("Closing Disclosures" form under the Amendments to the
2013 Integrated Mortgage Disclosures Rule Under the Real Estate
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Settlement Procedures Act (Regulation X) and the Truth In Lending
Act (Regulation Z) and the 2013 Loan Originator Rule Under the Truth
in Lending Act (Regulation Z)).
SECTION 245. IC 24-4.8-2-2, AS ADDED BY P.L.115-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. A person who is not the owner or operator of
the computer may not knowingly or intentionally:
(1) transmit computer software to the computer; and
(2) by means of the computer software transmitted under
subdivision (1), do any of the following:
(A) Use intentionally deceptive means to modify computer
settings that control:
(i) the page that appears when an owner or operator opens
an Internet browser or similar computer software used to
access and navigate the Internet;
(ii) the Internet service provider, search engine, or web
proxy that an owner or operator uses to access or search the
Internet; or
(iii) the owner or operator's list of bookmarks used to access
web pages.
(B) Use intentionally deceptive means to collect personally
identifying information:
(i) through the use of computer software that records a
keystroke made by an owner or operator and transfers that
information from the computer to another person; or
(ii) in a manner that correlates the personally identifying
information with data respecting all or substantially all of
the web sites websites visited by the owner or operator of
the computer, not including a web site website operated by
the person collecting the personally identifying information.
(C) Extract from the hard drive of an owner or operator's
computer:
(i) a credit card number, debit card number, bank account
number, or any password or access code associated with
these numbers;
(ii) a Social Security number, tax identification number,
driver's license number, passport number, or any other
government issued identification number; or
(iii) the account balance or overdraft history of a person in
a form that identifies the person.
(D) Use intentionally deceptive means to prevent reasonable
efforts by an owner or operator to block or disable the
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installation or execution of computer software.
(E) Knowingly or intentionally misrepresent that computer
software will be uninstalled or disabled by an owner or
operator's action.
(F) Use intentionally deceptive means to remove, disable, or
otherwise make inoperative security, antispyware, or antivirus
computer software installed on the computer.
(G) Take control of another person's computer with the intent
to cause damage to the computer or cause the owner or
operator to incur a financial charge for a service that the owner
or operator has not authorized by:
(i) accessing or using the computer's modem or Internet
service; or
(ii) without the authorization of the owner or operator,
opening multiple, sequential, standalone advertisements in
the owner or operator's Internet browser that a reasonable
computer user cannot close without turning off the computer
or closing the browser.
(H) Modify:
(i) computer settings that protect information about a person
with the intent of obtaining personally identifying
information without the permission of the owner or operator;
or
(ii) security settings with the intent to cause damage to a
computer.
(I) Prevent reasonable efforts by an owner or operator to block
or disable the installation or execution of computer software
by:
(i) presenting an owner or operator with an option to decline
installation of computer software knowing that the computer
software will be installed even if the owner or operator
attempts to decline installation; or
(ii) falsely representing that computer software has been
disabled.
SECTION 246. IC 24-4.8-3-1, AS ADDED BY P.L.115-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. In addition to any other remedy provided by
law, a provider of computer software, the owner of a web site, website,
or the owner of a trademark who is adversely affected by reason of the
violation may bring a civil action against a person who violates
IC 24-4.8-2:
(1) to enjoin further violations of IC 24-4.8-2; and
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(2) to recover the greater of:
(A) actual damages; or
(B) one hundred thousand dollars ($100,000);
for each violation of IC 24-4.8-2.
SECTION 247. IC 24-4.9-3-4, AS AMENDED BY P.L.137-2009,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) Except as provided in subsection (b), a data
base owner required to make a disclosure under this chapter shall make
the disclosure using one (1) of the following methods:
(1) Mail.
(2) Telephone.
(3) Facsimile (fax).
(4) Electronic mail, if the data base owner has the electronic mail
address of the affected Indiana resident.
(b) If a data base owner required to make a disclosure under this
chapter is required to make the disclosure to more than five hundred
thousand (500,000) Indiana residents, or if the data base owner
required to make a disclosure under this chapter determines that the
cost of the disclosure will be more than two hundred fifty thousand
dollars ($250,000), the data base owner required to make a disclosure
under this chapter may elect to make the disclosure by using both of the
following methods:
(1) Conspicuous posting of the notice on the web site website of
the data base owner, if the data base owner maintains a web site.
website.
(2) Notice to major news reporting media in the geographic area
where Indiana residents affected by the breach of the security of
a system reside.
(c) A data base owner that maintains its own disclosure procedures
as part of an information privacy policy or a security policy is not
required to make a separate disclosure under this chapter if the data
base owner's information privacy policy or security policy is at least as
stringent as the disclosure requirements described in:
(1) sections 1 through 4(b) of this chapter;
(2) subsection (d); or
(3) subsection (e).
(d) A data base owner that maintains its own disclosure procedures
as part of an information privacy, security policy, or compliance plan
under:
(1) the federal USA PATRIOT Act (P.L. 107-56);
(2) Executive Order 13224;
(3) the federal Driver's Privacy Protection Act (18 U.S.C. 2781 et
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seq.);
(4) the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);
(5) the federal Financial Modernization Act of 1999 (15 U.S.C.
6801 et seq.); or
(6) the federal Health Insurance Portability and Accountability
Act (HIPAA) (P.L. 104-191);
is not required to make a disclosure under this chapter if the data base
owner's information privacy, security policy, or compliance plan
requires that Indiana residents be notified of a breach of the security of
data without unreasonable delay and the data base owner complies with
the data base owner's information privacy, security policy, or
compliance plan.
(e) A financial institution that complies with the disclosure
requirements prescribed by the Federal Interagency Guidance on
Response Programs for Unauthorized Access to Customer Information
and Customer Notice or the Guidance on Response Programs for
Unauthorized Access to Member Information and Member Notice, as
applicable, is not required to make a disclosure under this chapter.
(f) A person required to make a disclosure under this chapter may
elect to make all or part of the disclosure in accordance with subsection
(a) even if the person could make the disclosure in accordance with
subsection (b).
SECTION 248. IC 24-5-0.5-2, AS AMENDED BY P.L.206-2025,
SECTION 5, AND AS AMENDED BY P.L.227-2025, SECTION 42,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. (a) As used in this chapter:
(1) "Consumer transaction" means a sale, lease, assignment,
award by chance, or other disposition of an item of personal
property, real property, a service, or an intangible, except
securities and policies or contracts of insurance issued by
corporations authorized to transact an insurance business under
the laws of the state of Indiana, with or without an extension of
credit, to a person for purposes that are primarily personal,
familial, charitable, agricultural, or household, or a solicitation to
supply any of these things. However, the term includes the
following:
(A) A transfer of structured settlement payment rights under
IC 34-50-2.
(B) An unsolicited advertisement sent to a person by telephone
facsimile machine offering a sale, lease, assignment, award by
chance, or other disposition of an item of personal property,
real property, a service, or an intangible.
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(C) The collection of or attempt to collect a debt by a debt
collector.
(D) The provision of a product or service to a:
(i) state law enforcement agency; or
(ii) local law enforcement agency;
in Indiana.
(D) (E) Conduct that arises from, occurs in connection with,
or otherwise involves a transaction for emergency towing (as
defined in IC 24-14-2-5) of a personal or commercial vehicle.
(2) "Person" means an individual, corporation, the state of Indiana
or its subdivisions or agencies, business trust, estate, trust,
partnership, association, nonprofit corporation or organization, or
cooperative or any other legal entity.
(3) "Supplier" means the following:
(A) A seller, lessor, assignor, or other person who regularly
engages in or solicits consumer transactions, including
soliciting a consumer transaction by using a telephone
facsimile machine to transmit an unsolicited advertisement.
The term includes a manufacturer, a wholesaler, or a retailer,
or, in a consumer transaction described in subdivision (1)(D),
an entity that provides a product or service to a state law
enforcement agency or local law enforcement agency in
Indiana, whether or not the person deals directly with the
consumer.
(B) A debt collector.
(4) "Subject of a consumer transaction" means the personal
property, real property, services, or intangibles offered or
furnished in a consumer transaction.
(5) "Cure" as applied to a deceptive act, means either:
(A) to offer in writing to adjust or modify the consumer
transaction to which the act relates to conform to the
reasonable expectations of the consumer generated by such
deceptive act and to perform such offer if accepted by the
consumer; or
(B) to offer in writing to rescind such consumer transaction
and to perform such offer if accepted by the consumer.
The term includes an offer in writing of one (1) or more items of
value, including monetary compensation, that the supplier
delivers to a consumer or a representative of the consumer if
accepted by the consumer.
(6) "Offer to cure" as applied to a deceptive act is a cure that:
(A) is reasonably calculated to remedy a loss claimed by the
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consumer; and
(B) includes a minimum additional amount that is the greater
of:
(i) ten percent (10%) of the value of the remedy under
clause (A), but not more than four thousand dollars
($4,000); or
(ii) five hundred dollars ($500);
as compensation for attorney's fees, expenses, and other costs
that a consumer may incur in relation to the deceptive act.
(7) "Uncured deceptive act" means: a deceptive act:
(A) a deceptive act with respect to which a consumer who has
been damaged by such act has given notice to the supplier
under section 5(a) of this chapter; and
(B) either:
(i) no offer to cure has been made to such consumer within
thirty (30) days after such notice; or
(ii) the act has not been cured as to such consumer within a
reasonable time after the consumer's acceptance of the offer
to cure.
(8) "Incurable deceptive act" means a deceptive act done by a
supplier as part of a scheme, artifice, or device with intent to
defraud or mislead. The term includes a failure of a transferee of
structured settlement payment rights to timely provide a true and
complete disclosure statement to a payee as provided under
IC 34-50-2 in connection with a direct or indirect transfer of
structured settlement payment rights.
(9) "Senior consumer" means an individual who is at least sixty
(60) years of age.
(10) "Telephone facsimile machine" means equipment that has
the capacity to transcribe text or images, or both, from:
(A) paper into an electronic signal and to transmit that signal
over a regular telephone line; or
(B) an electronic signal received over a regular telephone line
onto paper.
(11) "Unsolicited advertisement" means material advertising the
commercial availability or quality of:
(A) property;
(B) goods; or
(C) services;
that is transmitted to a person without the person's prior express
invitation or permission, in writing or otherwise.
(12) "Debt" has the meaning set forth in 15 U.S.C. 1692(a)(5).
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(13) "Debt collector" has the meaning set forth in 15 U.S.C.
1692(a)(6). The term does not include a person admitted to the
practice of law in Indiana if the person is acting within the course
and scope of the person's practice as an attorney. The term
includes a debt buyer (as defined in IC 24-5-15.5).
(b) As used in section 3(b)(15) and 3(b)(16) of this chapter:
(1) "Directory assistance" means the disclosure of telephone
number information in connection with an identified telephone
service subscriber by means of a live operator or automated
service.
(2) "Local telephone directory" refers to a telephone classified
advertising directory or the business section of a telephone
directory that is distributed by a telephone company or directory
publisher to subscribers located in the local exchanges contained
in the directory. The term includes a directory that includes
listings of more than one (1) telephone company.
(3) "Local telephone number" refers to a telephone number that
has the three (3) number prefix used by the provider of telephone
service for telephones physically located within the area covered
by the local telephone directory in which the number is listed. The
term does not include long distance numbers or 800-, 888-, or
900- exchange numbers listed in a local telephone directory.
SECTION 249. IC 24-5-13-5, AS AMENDED BY P.L.198-2016,
SECTION 656, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. As used in this chapter, "motor
vehicle" or "vehicle" means any self-propelled vehicle that:
(1) has a declared gross vehicle weight of less than ten thousand
(10,000) pounds;
(2) is sold to:
(A) a buyer in Indiana and registered in Indiana; or
(B) a buyer in Indiana who is a nonresident (as defined in
IC 9-13-2-113);
(3) is intended primarily for use and operation on public
highways; and
(4) is required to be registered or licensed before use or operation.
The term does not include conversion vans, motor homes, farm
tractors, and other machines used in the actual production, harvesting,
and care of farm products, road building equipment, truck tractors, road
tractors, motorcycles, motor driven cycles, snowmobiles, or vehicles
designed primarily for offroad off-road use.
SECTION 250. IC 24-5-13.1-23, AS ADDED BY P.L.91-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 23. (a) This chapter does not apply to any buyer
who has not first resorted to an informal dispute settlement procedure
established by a responsible manufacturer or installer or in which a
responsible manufacturer or installer participates if:
(1) the procedure is certified by the attorney general as:
(A) complying in all respects with 16 CFR 703; and
(B) complying with any other rules concerning certification
adopted by the attorney general, including but not limited to
the requirement of oral hearings, pursuant to IC 4-22-2; and
(2) the buyer has received adequate written notice from the
responsible manufacturer or installer of the existence of the
procedure.
Adequate written notice includes the incorporation of the informal
dispute settlement procedure into the terms of the written warranty to
which the converted motor vehicle does not conform.
(b) A manufacturer under section 6(1) of this chapter shall provide
adequate electronic notice of the procedure in subsection (a) on the
Internet web site website of the manufacturer.
SECTION 251. IC 24-5-23.6-9, AS AMENDED BY P.L.137-2014,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) The five star mortgage program is
established. Not later than June 1, 2010, the department shall adopt
guidelines to implement the program. The program established by this
section, as implemented through the department's guidelines, must
meet the following criteria:
(1) The program must be available on a voluntary basis to
creditors that offer mortgages to Indiana customers after June 30,
2010.
(2) To participate in the program, a creditor must submit a
certification, on a form prescribed by the department, attesting
that the creditor qualifies as a five star mortgage lender.
(3) To qualify as a five star mortgage lender under the program,
a creditor must certify, on the form described in subdivision (2),
that the creditor meets the following conditions:
(A) The creditor offers or will offer to Indiana customers after
June 30, 2010, at least one (1) mortgage product that qualifies
as a five star mortgage under the program.
(B) The creditor does not have a record of any significant or
recurring violation of:
(i) IC 24-5-23.5-7; or
(ii) any other state or federal law, regulation, or rule
applicable to mortgage transactions;
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as of the date of the creditor's certification. If the creditor is not
certain whether it meets the criterion set forth in this clause,
the creditor shall consult with the department before filing a
certification to participate in the program.
(C) The creditor does not have a director or an executive
officer who has been convicted of a felony involving fraud,
deceit, or misrepresentation under the laws of Indiana or any
other jurisdiction, as of the date of the creditor's certification.
If the creditor is not certain whether it meets the criterion set
forth in this clause, the creditor shall consult with the
department before filing a certification to participate in the
program.
(4) To qualify as a five star mortgage under the program, a
mortgage must include the following terms and conditions:
(A) If the mortgage involves a purchase money transaction, the
mortgage must require a down payment by the debtor, or a
person acting on behalf of the debtor, of at least ten percent
(10%) of the purchase price of the dwelling that is the subject
of the mortgage. If the mortgage involves the refinancing of an
existing mortgage, the customer must have equity of at least
ten percent (10%) in the dwelling that is the subject of the
mortgage.
(B) The mortgage must have a fixed rate of interest.
(C) The mortgage must provide for an escrow account that:
(i) is established by the creditor, or a person acting on behalf
of the creditor, for the benefit of the debtor;
(ii) is maintained by the creditor, or a person acting on
behalf of the creditor, during the life of the mortgage; and
(iii) is used during the life of the mortgage to pay taxes and
insurance owed with respect to the dwelling that is the
subject of the mortgage.
However, this clause does not apply if, in the creditor's
ordinary course of business, the creditor does not regularly
establish and maintain, or contract for the establishment and
maintenance of, escrow accounts for the payment of taxes and
insurance, on behalf of the creditor's customers.
(D) The term of the mortgage may not exceed thirty (30) years.
(E) The mortgage may not include a prepayment penalty or
fee.
(5) A creditor that qualifies as a five star mortgage lender and
files a certification with the department under subdivision (3)
shall provide a written statement, on a form and in the manner
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prescribed by the department, to any Indiana customer who:
(A) applies for a five star mortgage offered by the creditor; and
(B) does not qualify for the five star mortgage based on the
creditor's underwriting standards for the five star mortgage.
The statement must set forth the reasons why the Indiana
customer did not qualify for the five star mortgage.
(6) A creditor that qualifies as a five star mortgage lender and
files a certification with the department may include that fact in
any marketing material or solicitation directed at Indiana
customers, subject to any conditions or limitations imposed by the
department in the guidelines adopted under this section.
(7) If a creditor:
(A) holds itself out as a five star mortgage lender and:
(i) the creditor has not filed an accurate certification,
including any renewal certification required by the
department under subsection (b)(3), with the department
under this chapter; or
(ii) the creditor has filed a certification or a renewal
certification with the department under this chapter and
subsequently ceases offering at least one (1) mortgage
product that qualifies as a five star mortgage; or
(B) fails to comply with any program requirement;
the department, upon discovering the act described in clause (A)
or (B), shall immediately provide written notice to the creditor
that the creditor does not qualify for participation in the program,
or no longer qualifies for participation in the program, as
appropriate. The notice provided under this subdivision must
inform the creditor of the reason or reasons the creditor does not
qualify for participation in the program, or no longer qualifies for
participation in the program, as appropriate. Not later than seven
(7) days after the date of the notice provided to the creditor under
this subdivision, the department shall remove the creditor from
the list of creditors published on the department's Internet web
site website under subsection (c), as appropriate, and shall post,
on the same Internet web page on which the list described in
subsection (c) is published, a link to the notice provided to the
creditor under this subdivision.
(b) In addition to the program criteria required by subsection (a), the
guidelines adopted by the department under this section may include
the following:
(1) Provisions allowing a creditor that qualifies as a five star
mortgage lender and files a certification with the department to
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include in the paperwork associated with a five star mortgage:
(A) a statement;
(B) a seal; or
(C) any other designation considered appropriate by the
department;
indicating that the particular mortgage product is a five star
mortgage.
(2) A requirement that a creditor that qualifies as a five star
mortgage lender and files a certification with the department shall
report the following information to the department on an annual
basis, or any other basis determined appropriate by the
department:
(A) The total number and types of residential mortgage
products that were offered by the creditor to Indiana customers
during the applicable reporting period, including any five star
mortgages reported under clause (C).
(B) The total number of residential mortgages described in
clause (A) that were closed by the creditor during the
applicable reporting period, including any five star mortgages
that were closed during the reporting period, as reported under
clause (D).
(C) The number of mortgage products that:
(i) qualified as five star mortgages under the program; and
(ii) were offered by the creditor to Indiana customers;
during the applicable reporting period.
(D) The number of five star mortgages offered to Indiana
customers that were closed by the creditor during the
applicable reporting period.
(3) A requirement that a creditor that qualifies as a five star
mortgage lender and files a certification with the department shall
periodically submit to the department a renewal certification, on
a form prescribed by the department, in conjunction with a report
filed under subdivision (2), or at such other time as the
department determines appropriate. In any renewal certification
required under this subdivision, a creditor must attest that the
creditor:
(A) continued to meet the criteria necessary to qualify as a five
star mortgage lender; and
(B) complied with all program requirements;
during the applicable reporting period.
(4) A fee fixed by the department under IC 28-11-3-5 for each
certification and recertification submitted by a creditor under this
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chapter. However, any fee fixed by the department under this
subdivision may not exceed the department's actual costs to:
(A) process certifications and renewal certifications;
(B) publish the list described in subsection (c) on the
department's Internet web site; website; and
(C) otherwise administer the program.
(5) Any other program requirements, criteria, or incentives that
the department determines necessary to implement and evaluate
a program to encourage creditors to offer stable mortgage
products to qualified Indiana customers.
(c) The department shall publish on the department's Internet web
site website a list of all creditors that have a current and accurate:
(1) certification under this chapter; or
(2) renewal certification under this chapter;
on file with the department. The Indiana housing and community
development authority and the securities division of the office of the
secretary of state shall provide a link to the list described in this
subsection on their respective Internet web sites. websites.
(d) The program guidelines established by the department under
subsections (a) and (b) must be made available:
(1) for public inspection and copying at the offices of the
department under IC 5-14-3; and
(2) on the department's Internet web site. website.
(e) The department shall investigate any credible complaint received
by any means alleging that a creditor has committed a violation
described in subsection (a)(7). If the creditor that is the subject of a
complaint under this subsection is not subject to regulation by the
department, the department shall forward the complaint to the
appropriate state or federal regulatory agency.
(f) Notwithstanding subsection (a), the department may adopt a
different name for the program, other than the five star mortgage
program, in adopting the guidelines to implement the program.
SECTION 252. IC 25-1-20-2, AS AMENDED BY P.L.186-2025,
SECTION 138, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. The following definitions apply
throughout this chapter:
(1) "Arising (or arises) from a (or the) state disaster emergency"
means an injury or harm:
(A) caused by or resulting from an act or omission performed
in response to a state disaster emergency declared under
IC 10-14-3-12 to respond to COVID-19; and
(B) arising from COVID-19 (as defined by IC 34-6-2.1-14(b)).
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IC 34-6-2.1-14(a)).
(2) "COVID-19" has the meaning set forth in IC 34-6-2.1-40(c).
IC 34-6-2.1-40.
(3) "Health care provider" has the meaning set forth in
IC 4-6-14-2.
(4) "Health care services" has the meaning set forth in
IC 34-6-2.1-84(b).
SECTION 253. IC 25-23.6-5-3.1, AS AMENDED BY
P.L.149-2022, SECTION 3, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3.1. (a) Except as provided in
subsection (b), a graduate program is considered to have emphasized
direct clinical patient or clinic health care services if the graduate
program meets the following requirements:
(1) Required coursework course work in clinical social work and
related areas such as psychiatric social work, medical social work,
social case work, case management, psychotherapy, group
therapy, and any other coursework course work accepted by the
board.
(2) Required supervised field placement that was part of the
applicant's advanced concentration in direct practice, during
which the applicant provided clinical services directly to clients.
(b) An applicant who graduated from a graduate program that did
not emphasize direct patient or client services may complete the
clinical curriculum requirement by returning to a graduate program
allowed under section 2(1)(B) of this chapter to complete the education
requirements.
(c) Coursework Course work that was taken at a baccalaureate
level does not meet the requirements under this section unless an
official of the graduate program certifies that the specific course, which
a student enrolled in the same graduate program was ordinarily
required to complete at the graduate level, was waived or exempted
based on completion of a similar course at the baccalaureate level.
SECTION 254. IC 25-39-6-1, AS ADDED BY P.L.84-2010,
SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. Except as provided in section 6 of this chapter,
a licensee who has held a license for at least one (1) calender calendar
year shall complete six (6) actual hours of continuing education before
December 31 of each even-numbered year.
SECTION 255. IC 26-3-7-2, AS AMENDED BY P.L.114-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The following definitions apply throughout this
chapter:
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(1) "Agency" refers to the Indiana grain buyers and warehouse
licensing agency established under section 1 of this chapter.
(2) "Anniversary date" means the date that is ninety (90) calendar
days after the fiscal year end of a business licensed under this
chapter.
(3) "Basis contract" means an agreement that establishes the
difference between the flat price contract and a specified
futures price of the same or a related commodity.
(3) (4) "Bin" means a bin, tank, interstice, or other container in a
warehouse in which bulk grain may be stored.
(4) (5) "Board" means the governing body of the Indiana grain
indemnity corporation created by IC 26-4-3-2.
(5) (6) "Buyer-warehouse" means a person that operates both as
a warehouse licensed under this chapter and as a grain buyer.
(6) (7) "Claimant" means a person to whom a licensee owes a
storage or financial obligation under this chapter for grain that has
been delivered to the licensee for sale or for storage under a
bailment.
(7) (8) "Crop year" means the period from one (1) year's harvest
to the next year for a specified field crop as follows:
(A) Barley and barley seed from June 1 to May 31.
(B) Canola and canola seed from July 1 to June 30.
(C) Corn and corn seed from September 1 to August 31.
(D) Lentils and lentil seed from July 1 to June 30.
(E) Oats and oat seed from June 1 to May 31.
(F) Popcorn and popcorn seed from September 1 to August 31.
(G) Rye and rye seed from June 1 to May 31.
(H) Sorghum and sorghum seed from September 1 to August
31.
(I) Soybeans and soybean seed from September 1 to August
31.
(J) Sunflower and sunflower seed from September 1 to August
31.
(K) Wheat and wheat seed from June 1 to May 31.
(L) All other field crops and other field crop seed from
September 1 to August 31.
(8) (9) "Daily position record" means a written or electronic
document that is maintained on a daily basis for each grain
commodity, contains a record of the total amount of grain in
inventory for that business day, and complies with any
requirements established by the director.
(9) (10) "Deferred pricing" means a purchase by a buyer in which
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title to the grain passes to the buyer and the price to be paid to the
seller is not determined:
(A) at the time the grain is received by the buyer; or
(B) less than twenty-one (21) days after delivery.
(10) (11) "Delayed payment" means:
(A) a purchase by a buyer in which title to the grain passes to
the buyer at a determined price; and
(B) payment to the seller is not made in less than twenty-one
(21) days after delivery.
(11) (12) "Depositor" means any of the following:
(A) A person that delivers grain to a licensee under this
chapter for storage or sale.
(B) A person that:
(i) owns or is the legal holder of a ticket or receipt issued by
a licensee for grain received by the licensee; and
(ii) is the creditor of the issuing licensee for the value of the
grain received in return for the ticket or receipt.
(C) A licensee that stores grain that the licensee owns solely,
jointly, or in common with others in a warehouse owned or
controlled by the licensee or another licensee.
(12) (13) "Designated representative" means the person or
persons designated by the director to act instead of the director in
assisting in the administration of this chapter.
(13) (14) "Director" means the director of the Indiana grain
buyers and warehouse licensing agency appointed under section
1 of this chapter.
(14) (15) "Facility" means a permanent business location or one
(1) of several permanent business locations in Indiana that are
operated as a warehouse or by a grain buyer.
(15) (16) "Flat price contract" means a contract that sets a fixed
price for a specific delivery requirement, where the price is
determined by adding the basis to the futures price of the same
commodity, which is set before the futures contract expires.
(16) (17) "Fund" means the Indiana grain indemnity fund
established under IC 26-4-4-1.
(17) (18) "Grain" means corn for all uses, popcorn, wheat, oats,
barley, rye, sorghum, soybeans, oil seeds, other agricultural
commodities as approved by the agency, and seed as defined in
this section. The term does not include canning crops for
processing or sweet corn.
(18) (19) "Grain assets" means any of the following:
(A) All grain and grain coproducts owned or stored by a
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licensee, including the following:
(i) Grain that is in transit following shipment by a licensee.
(ii) Grain that has not been paid for.
(iii) Grain that is stored in unlicensed facilities that are
leased, owned, or occupied by the licensee.
(B) All proceeds, due or to become due, from the sale of a
licensee's grain.
(C) Equity, less any secured financing directly associated with
the equity, in hedging or speculative margin accounts of a
licensee held by a commodity or security exchange, or a dealer
representing a commodity or security exchange, and any
money due the licensee from transactions on the exchange,
less any secured financing directly associated with the money
due the licensee from the transactions on the exchange.
(D) Any other unencumbered funds, property, or equity in
funds or property, wherever located, that can be directly traced
to the sale of grain by a licensee. However, funds, property, or
equity in funds or property may not be considered encumbered
unless:
(i) the encumbrance results from valuable consideration paid
to the licensee in good faith by a secured party; and
(ii) the encumbrance did not result from the licensee posting
the funds, property, or equity in funds or property as
additional collateral for an antecedent debt.
(E) Any other unencumbered funds, property, or equity in
assets of the licensee.
(19) (20) "Grain bank grain" means grain owned by a depositor
for use in the formulation of feed and stored by the warehouse to
be returned to the depositor on demand.
(20) (21) "Grain buyer" means a person who is engaged in the
business of buying grain from producers.
(21) (22) "Grain coproducts" means any milled or processed
grain, including the grain byproduct of ethanol production.
(22) (23) "Grain standards act" means the United States Grain
Standards Act, approved August 11, 1916 (39 Stat. 482; 7 U.S.C.
71-87 as amended).
(23) (24) "License" means a license issued under this chapter.
(24) (25) "Licensee" means a person who operates a facility that
is licensed under this chapter.
(25) (26) "Official grain standards of the United States" means the
standards of quality or condition for grain, fixed and established
by the secretary of agriculture under the grain standards act.
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(26) (27) "Parent entity" means an entity that owns at least twenty
percent (20%) or the equivalent of another entity, including
through shares, membership interests, or other securities, or as a
partner in a general partnership or joint venture.
(27) (28) "Person" means an individual, partnership, corporation,
association, or other form of business enterprise.
(28) (29) "Receipt" means a warehouse receipt issued by a
warehouse licensed under this chapter.
(29) (30) "Revocation of a license" means any of the following:
(A) The inability of a licensee to financially satisfy fully all
obligations due to claimants.
(B) Public declaration of a licensee's insolvency.
(C) Revocation of a licensee's license, if the licensee has
outstanding indebtedness owed to claimants.
(D) Nonpayment of a licensee's debts in the ordinary course of
business, if there is not a good faith dispute.
(E) Involuntary or voluntary bankruptcy of a licensee.
(30) (31) "Seed", notwithstanding IC 15-15-1, means grain set
apart to be used primarily for the purpose of producing new
plants.
(31) (32) "Seed inventory" means seed for commercial sale.
(32) (33) "Storage" means a facility or system that is designed,
structured, and equipped to receive, clean, dry, store, and
dispense grains or seeds. The term includes a facility where the
producer has maintained:
(A) title to the grain until selling or moving the grain to a
facility other than the facility where the grain was delivered;
and
(B) a record or proof of storage at the facility where the grain
was delivered.
(33) (34) "Storage loss" means a loss to a storage depositor
resulting from a warehouse operator:
(A) whose license has been revoked; and
(B) who has not fully satisfied the warehouse operator's
storage obligation to the depositor, after any outstanding
charges against the grain.
(34) (35) "Subsidiary" means an entity, including a general
partnership or joint venture, that is owned in whole or part by one
(1) or more other entities, including at least one (1) entity that
constitutes a parent entity.
(35) (36) "Ticket" means a scale weight ticket, a load slip, or
other evidence, other than a receipt, given to a depositor upon
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initial delivery of grain to a facility.
(36) (37) "Warehouse act" means the United States Warehouse
Act, approved August 11, 1916 (39 Stat. 486; 7 U.S.C. 241-273
as amended).
(37) (38) "Warehouse" means any building or other protected
enclosure in one (1) general location licensed or required to be
licensed under this chapter, which building or other protected
enclosure is operated under one (1) ownership and run from a
single office, and in which grain is or may be:
(A) stored for hire;
(B) used for grain bank storage; or
(C) used to store company owned grain.
(38) (39) "Warehouse operator" means a person that operates a
facility or group of facilities in which grain is or may be stored for
hire or which is used for grain bank storage and which is operated
under one (1) ownership and run from a single office.
SECTION 256. IC 26-3-7-3, AS AMENDED BY P.L.114-2025,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The director may do the following:
(1) Require any reports that are necessary to administer this
chapter.
(2) Administer oaths, issue subpoenas, compel the attendance and
testimony of witnesses, and compel the production of records in
connection with any investigation, informal meeting, or hearing
under this chapter.
(3) Prescribe all forms within the provisions of this chapter.
(4) Establish grain standards in accordance with the grain
standards act and federal regulations promulgated under that act
that must be used by warehouses.
(5) Investigate the activities required by this chapter including the
storage, shipping, marketing, and handling of grain and
complaints with respect to the storage, shipping, marketing, and
handling of grain.
(6) Inspect a facility, the grain stored in a facility, and all property
and records pertaining to a facility. All inspections of an applicant
or licensee under this chapter must take into consideration the
proprietary nature of an applicant's or licensee's commercial
information. This chapter does not authorize the inspection of an
applicant's or licensee's trade secret or intellectual property
information.
(7) Determine whether a facility for which a license has been
applied for or has been issued is suitable for the proper storage,
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shipping, and handling of the grain that is stored, shipped, or
handled, or is expected to be stored, shipped, or handled.
(8) Require a licensee to terminate storage, shipping, marketing,
and handling agreements upon revocation of a license.
(9) Attend and preside over any investigation, informal meeting,
or hearing allowed or required under this chapter.
(10) Impose sanctions for violations of this article.
(11) Require all contracts for the purchase of grain from
producers, except a flat price contract or a contract for the
production of seed, to include the following notice immediately
above the place on the contract where the seller of the grain must
sign:
"NOTICE - SELLER IS CAUTIONED THAT
CONTRACTING FOR THE SALE AND DELIVERY OF
GRAIN INVOLVES RISKS. THESE RISKS MAY INCLUDE
FUTURE PAYMENTS BY YOU TO MAINTAIN THIS
CONTRACT, A LOWER SALES PRICE, AND OTHER
RISKS NOT SPECIFIED.
INDIANA STATE LAW REQUIRES THAT ALL
DEFERRED PRICED GRAIN MUST BE PRICED WITHIN
THE CROP YEAR AS DEFINED BY IC 26-3-7-2(7).
IC 26-3-7-2(8). THIS CONTRACT MUST BE PRICED BY
_(Insert Date)_.
COVERAGE UNDER THE INDIANA GRAIN INDEMNITY
PROGRAM IS FOR GRAIN THAT HAS BEEN DELIVERED
TO A FIRST PURCHASER LICENSEE WITHIN THE 15
MONTHS BEFORE THE DATE OF THE REVOCATION OF
A LICENSE AND IS LIMITED TO 100% OF A LOSS FOR
STORED GRAIN AND 80% OF A LOSS FOR OTHER
COVERED CONTRACTS.
BE SURE YOU UNDERSTAND THE NATURE OF THIS
CONTRACT AND THE ASSOCIATED RISKS.".
(12) Require all contracts executed for the production of seed to
include the following notice, in conspicuous letters, immediately
above the place on the contract or an addendum where the seller
of the seed must sign:
"NOTICE - IF THE TERMS OF THIS CONTRACT STATE
THAT THE CONTRACTOR RETAINS OWNERSHIP OF
THE SEED AND ITS PRODUCTS, YOU MAY NOT BE
ELIGIBLE FOR PARTICIPATION IN THE INDIANA
GRAIN INDEMNITY PROGRAM. TO BE ELIGIBLE TO
PARTICIPATE IN THE INDIANA GRAIN INDEMNITY
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PROGRAM, FARMERS MUST OWN AND SELL GRAIN
OR SEED. BE SURE YOU UNDERSTAND THE NATURE
OF THIS CONTRACT AND THE ASSOCIATED RISKS.".
(13) At any time, order an unannounced audit for compliance with
this article.
(14) Require all grain buyers offering deferred pricing, delayed
payments, or contracts linked to the commodity futures or
commodity options market in connection with a grain purchase to
document the agreement in writing not more than twenty-one (21)
days after delivery.
(15) Receive and consider financial audits of a licensee conducted
by an independent audit or accounting firm.
(16) Share information with board members regarding the
financial status of a licensee, while the board is in executive
session and without disclosing the name or any other identifying
information of the licensee, including the following:
(A) Whether there is a risk that a licensee's license may be
revoked.
(B) The financial impact to the fund if a licensee identified in
clause (A) were to have the licensee's license revoked.
(C) The estimated number of potential claimants that could
result from the revocation of a licensee identified in clause
(A).
(D) Any other information the director determines is necessary
to solicit the advice of the board regarding the financial status
of a licensee.
However, the director may not share information under this
subdivision with a board member who has not executed a
confidentiality agreement.
(b) The director shall do the following:
(1) Establish standards to ensure that a grain buyer has a suitable
financial position to conduct a business as a grain buyer.
(2) Require a person who conducts business as a grain buyer to
first be licensed by the agency.
(c) The director may designate an employee to act for the director
in the administration of this chapter. An employee designee may not:
(1) adopt rules; or
(2) act as the ultimate authority in the administration of this
chapter.
(d) The director may designate an administrative law judge to act for
the director in the administration of this chapter.
(e) The director may determine whether geographically separate
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facilities constitute a single warehouse or grain buyer and in making
the determination may consider the following:
(1) The number of facilities involved.
(2) Whether full weighing equipment is present at the
geographically separate facilities.
(3) The method of bookkeeping employed by the separate
facilities.
(4) The hours of operation of the separate facilities.
(5) The personnel employed at the separate facilities.
(6) Other factors the director deems relevant.
(f) For purposes of determining whether a building or other
protected enclosure constitutes a single warehouse that requires a
single license under this chapter, the director may consider the
following:
(1) The presence of a full weighing facility at geographically
diverse warehouse facilities.
(2) The traditional method of record keeping with respect to the
separate facilities.
(3) The hours, number of personnel, and activities of the separate
facilities.
(4) Any other factor considered relevant.
In the absence of contradictory information, any warehouses owned and
operated by the same person that are located within close proximity of
each other are presumed to constitute a single warehouse.
(g) The director and the director's designated representative shall
become members of the national grain regulatory organization and
shall:
(1) work in partnership with other state grain regulatory officials;
(2) participate in national grain regulatory meetings; and
(3) provide expertise and education at national meetings.
(h) The director shall engage an independent third party firm to
conduct a performance review of the agency's auditing practices and
procedures at least once every five (5) years. The agency shall make
reasonable efforts to implement any corrective measures identified in
the performance review to enhance and improve the agency's auditing
practices and procedures. The agency shall make the findings of the
performance review available to the board.
(i) The director may subpoena or require that certain records located
outside Indiana, if any, be brought to a specified location in Indiana for
review by the agency.
SECTION 257. IC 26-3-7-27.5, AS ADDED BY P.L.114-2025,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 27.5. (a) For purposes of this section, the
following apply:
(1) "Unencumbered assets" means a licensee's unencumbered
assets as demonstrated by the agency's inspection of the licensee's
books and records.
(2) "Unpaid balance of grain payables" means a licensee's unpaid
balance of grain payables demonstrated by the agency's inspection
of the licensee's books and records.
(b) If an on-premises inspection of a licensee's books and records
demonstrates that the licensee, as of the time of the inspection, did not
have unencumbered assets with a value at least equal to eighty-five
percent (85%) of the unpaid balance of grain payables covered by each
license held by the licensee, then:
(1) the director or the director's designated representative shall
issue a notice of deficiency to the licensee; and
(2) the licensee shall cure the unencumbered asset deficiency
within ninety (90) days from the receipt of the notice.
(c) Unencumbered assets may consist of the aggregate of any of the
following:
(1) Company owned grain.
(2) Cash on hand.
(3) Cash held on account in federally or state licensed financial
institutions or in lending institutions of the Federal Farm Credit
Administration.
(4) Investments held in time accounts with federally or state
licensed financial institutions.
(5) Direct obligations of the United States government.
(6) Balances in grain margin accounts determined by marking to
market.
(7) Balances due or to become due to the licensee on deferred
pricing contracts.
(8) Marketable securities, including mutual funds.
(9) Irrevocable letters of credit that:
(A) comply with the requirements of this chapter; and
(B) are in addition to any letter of credit filed with the director
to satisfy the deposit, bond, or other security requirements of
this chapter.
(10) Deferred pricing contract service charges due or to become
due to the licensee.
(11) Other evidence of proceeds from or of grain that is
acceptable to the agency.
(12) Seed inventory.
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(13) Other assets that the agency may include in rules adopted
under section 38 of this chapter.
(d) If a licensee has more than one (1) license, the unencumbered
assets at the time of the inspections under subsection (b) must have a
value at least equal to the sum of the amounts required under
subsection (b) for each individual license held by the licensee.
(e) If the licensee's demonstrated current unencumbered assets is
are less than or equal to eighty-five percent (85%) of the required
amount or the licensee has not cured the unencumbered assets
deficiency as required in subsection (b)(2), then the director shall hold
an informal meeting in accordance with this chapter and, within thirty
(30) days of the conclusion of the informal meeting, issue either:
(1) a consent agreement that requires the licensee to take certain
actions within a set period, not to exceed twelve (12) months, to
remedy the current unencumbered assets deficiency, as the
director deems necessary and appropriate; or
(2) an order that revokes the license or licenses of the licensee.
(f) If a licensee, after an informal meeting in subsection (e):
(1) does not meet the requirements in subsection (e)(1), the
director shall revoke; or
(2) has an unencumbered asset deficiency that has continued to
decline, the director may revoke;
the license or licenses of the licensee.
(g) Subject to section 31.8 of this chapter, the director shall assess
a fine of one thousand dollars ($1,000) on a licensee that does not
maintain the unencumbered asset requirement under subsection (b).
(h) Nothing in this section precludes the agency from conducting an
on-premises inspection of a licensee at any time the director may
consider an inspection to be necessary or appropriate.
SECTION 258. IC 26-3-7-31.6, AS ADDED BY P.L.114-2025,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 31.6. (a) The director may revoke a license by
issuing a revocation order upon notice.
(b) If a license is revoked under this chapter, the licensee shall do
the following:
(1) Immediately cease all activities covered by the revoked
license.
(2) Immediately remove all public indications regarding the
existence or effectiveness of the revoked license, including the
copy of the license physically on display at a facility.
(3) Promptly turn over and deliver to the director or the director's
designated representative all books, records, and other property
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related to or containing information on the activities and any
obligations covered by the revoked license.
(4) Comply with any additional terms and conditions determined
by the director that the revocation order imposes on the licensee.
(5) Comply with the orders from the director respecting the
revoked license, any obligations or activities covered by the
revoked license, or the claims administration process.
(c) Notwithstanding anything to the contrary in this chapter, a
license shall be revoked automatically if the licensee has done any of,
and as of the respective dates or times of, the following:
(1) Has filed a voluntary bankruptcy petition under Chapter 7 of
the federal Bankruptcy Code, as of the date the licensee filed the
petition.
(2) Has filed:
(A) a voluntary bankruptcy petition under Chapter 11, 12, or
13 of the federal Bankruptcy Code; and
(B) within seven (7) days of the filing of the petition, either:
(i) a liquidating plan not predicated or premised on a prior
sale process under Chapter 3 of the federal Bankruptcy
Code; or
(ii) an affidavit of an owner, member, director, officer, or
executive of the licensee stating that the licensee intends to
propose a liquidating plan without first conducting a sale
process under Chapter 3 of the federal Bankruptcy Code;
as of the date the licensee filed the liquidating plan or
affidavit.
(3) Is the subject of an involuntary bankruptcy petition if the
bankruptcy court has entered an order for relief against the
licensee, as of the date and time of the order for relief.
(4) Is the subject of a receivership order in any state court, as of
the date and time of the receivership order.
(5) Is the assignor in an assignment for the benefit of creditors in
any state court, as of the date and time of the filing of pleading
initiating the proceeding.
(6) Is declared by any court of competent jurisdiction to be
insolvent, as of the date and time of the order so declaring.
(7) Has entered into an agreement obligating the licensee to
discontinue and liquidate its business, or the portion of its
business covered by the license, without legal or equitable
proceedings, as of the effective date of the agreement.
(8) Has stated publicly and in writing that it is in the process of
discontinuing its business, or the portion of its business covered
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by the license, or will be liquidating immediately, as of the date
and time the writing is published or made widely available.
SECTION 259. IC 26-3-7-32.5, AS ADDED BY P.L.114-2025,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 32.5. If the director or the director's designated
representative is required or permitted to give notice under this chapter,
the notice must contain, in addition to information or content required
to be included in the notice under this chapter, requiring or establishing
the notice: the following:
(1) The date on which the notice is issued.
(2) The full name and contact information, including telephone
number and electronic mail address, for the director, the director's
designated representative, or the other employee or agent of the
agency responsible for the notice.
(3) The full name and contact information, as available to the
agency, for the recipient of the notice.
(4) The reasons for the notice, including the applicable sections
of this chapter under which the fine has been assessed.
(5) Any deadlines or other times within which the recipient of the
notice may or must act under this chapter.
(6) A list of each person to whom the notice is being sent.
(7) A list of any enclosures included with the notice.
(8) The signature of the director, the director's designated
representative, or the other employee or agent of the agency
responsible for the notice.
SECTION 260. IC 26-4-1-3.7 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 3.7. "Basis contract" means an agreement that establishes
the difference between the flat price contract and a specified futures
price of the same or a related commodity.
SECTION 261. IC 26-4-1-13, AS AMENDED BY P.L.114-2025,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. "Grain" means corn for all uses, popcorn,
wheat, oats, rye, soybeans, barley, sorghum, oil seeds, other agricultural
commodities as approved by the agency, and seed (as defined in
IC 26-3-7-2(30)). IC 26-3-7-2(31)). The term does not include canning
crops for processing or sweet corn.
SECTION 262. IC 26-4-1-15.5, AS AMENDED BY P.L.208-2021,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 15.5. "Licensee" has the meaning set forth in
IC 26-3-7-2(24). IC 26-3-7-2(25).
SECTION 263. IC 26-4-5-4, AS AMENDED BY P.L.114-2025,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 4. The board, in coordination with the agency,
shall develop educational information to be made available
electronically to producers, grain buyers, and warehouse operators,
explaining the following:
(1) The purpose of the fund.
(2) How the fund is operated.
(3) An explanation of coverage under the program, including the
duration of coverage and limits on losses.
(4) The process for claiming a refund.
(5) The process for reentering the program.
(6) Where a producer may locate information about the producer's
status in the program.
(7) Materials explaining normal industry marketing terms and the
terms terms' meanings.
SECTION 264. IC 27-7-17-7, AS ADDED BY P.L.19-2022,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. As used in this chapter, "eligible group" means
two (2) or more persons who are engaged in a common enterprise, or
have an economic, educational, or social affinity or relationship,
including the following:
(1) An entity engaged in the business of providing travel or travel
services, including tour operators, lodging providers, vacation
property owners, hotels and resorts, travel clubs, travel agencies,
property managers, cultural exchange programs, and common
carriers or the operator, owner, or lessor of a means of
transportation of passengers, including airlines, cruise lines,
railroads, steamship companies, and public bus carriers, wherein
with regard to any particular travel or type of travel or travelers,
all members or customers of the group must have a common
exposure to risk attendant in such travel.
(2) A college, school, or other institution of learning, covering
students, teachers, employees, or volunteers.
(3) An employer covering any group of employees, volunteers,
contractors, board of directors, dependents, or guests.
(4) A sports team, camp, or sponsor thereof, covering participants,
members, campers, employees, officials, supervisors, or
volunteers.
(5) A religious, charitable, recreational, educational, or civic
organization, or branch thereof, covering any group of members,
participants, or volunteers.
(6) A financial institution or financial institution vendor, or parent
holding company, trustee, or agent of or designated by one (1) or
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more financial institutions or financial institution vendors,
including account holders, credit card holders, debtors,
guarantors, or purchasers.
(7) Any incorporated or unincorporated association, including
labor unions, having a common interest, constitution, and bylaws
and organized and maintained in good faith for purposes other
than obtaining insurance for members or participants of such
association covering its members.
(8) A trust or the trustees of a fund established, created, or
maintained for the benefit of and covering members, employees,
or customers, subject to the commissioner's permitting the use of
a trust and the state's premium tax provisions in section 14 of this
chapter of one (1) or more associations meeting the requirements
of subdivision (7).
(9) An entertainment production company covering any group of
participants, volunteers, audience members, contestants, or
workers.
(10) A volunteer fire department, ambulance, rescue, police,
court, or any first aid, civil defense, or other such volunteer group.
(11) A preschool, daycare day care institution for children or
adults, or senior citizen club.
(12) An automobile or truck rental or leasing company covering
a group of individuals who may become renters, lessees, or
passengers defined by their travel status on the rented or leased
vehicles. The common carrier, operator, owner, or lessor of a
means of transportation or the automobile or truck rental or
leasing company is the policyholder under a policy to which this
chapter applies.
(13) Any other group for which the commissioner has determined
that the members are engaged in a common enterprise or have an
economic, educational, or social affinity or relationship, and that
issuance of a policy would not be contrary to the public interest.
SECTION 265. IC 28-6.2-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 8. Each reorganization
plan must:
(1) contain a description of all significant terms of the proposed
reorganization; and
(2) include as an attachment and incorporate the following:
(A) Any proposed stock issuance plan.
(B) An opinion of counsel or a ruling from the federal Internal
Revenue Service and the department of state revenue as to the
federal and state tax treatment of the proposed reorganization.
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(C) A copy of the proposed articles of reorganization and
bylaws of the resulting savings bank.
(D) A description of the method of reorganization under this
chapter.
(E) A statement that, upon consummation of the
reorganization, certain assets and liabilities, including all
deposit accounts of the reorganizing savings bank, shall be
transferred to the resulting savings bank, which shall
immediately become a savings bank subsidiary of the mutual
holding company.
(F) A copy of any stock issuance plan that is proposed as part
of the reorganization plan.
(G) A summary of the expenses to be incurred in connection
with the reorganization.
SECTION 266. IC 31-34-12-4.6, AS ADDED BY P.L.179-2025,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.6. (a) There is a rebuttable presumption that a
child is a child in need of services if the court finds that the child lives
in the same household as an adult who is subject to an order requiring
the adult to participate in a program of care, treatment, or rehabilitation
under IC 31-34-20-3.
(b) There is a rebuttable presumption that a child is a child in need
of services if the court finds that the child's parent, guardian, or
custodian willfully or knowingly:
(1) exposed the child to the illegal manufacture or distribution of
a legend drug or controlled substance; or
(2) exposed the child to:
(A) methamphetamine;
(B) fentanyl; or
(C) a fentanyl containing substance (as defined by
IC 35-48-1-16.7); IC 35-48-1.1-19);
for which the parent, guardian, or custodian did not have a valid
prescription.
SECTION 267. IC 31-34-21-7.3, AS AMENDED BY P.L.179-2025,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7.3. (a) This section applies after:
(1) a court approves a permanency plan for a child under which
the only intended permanent or long term arrangement for care
and custody of the child is placement of the child for adoption, if
the child is not already in a pre-adoptive placement in a proposed
adoptive home;
(2) a court authorizes the filing of a petition to terminate the
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parent-child relationship; or
(3) a petition to terminate the parent-child relationship is filed;
in relation to a child in need of services.
(b) The department shall post the following nonidentifying
information on the Internet to facilitate a potential adoptive placement
of the child:
(1) The child's age, gender, and summary of the child's
educational, social, and medical background, including known
disabilities.
(2) The reason the child was removed from the child's home.
(3) Whether a person has expressed an interest in adopting the
child.
(4) The name, address, and telephone number of a contact person
from:
(A) the department;
(B) the appropriate local office; or
(C) the appropriate licensed child placing agency;
where a person who may be interested in adopting the child may
obtain further information about adopting the child.
(5) Whether a petition to terminate the rights of the child's parents
has been authorized or filed, and whether the rights of the child's
parents have been terminated.
(6) An address and telephone number of:
(A) the department;
(B) the appropriate local office; or
(C) the appropriate licensed child placing agency;
where a person who may be interested in adopting the child may
obtain further information about adopting the child.
(c) Except as provided in subsection (d), the information posted
under subsection (b) may not identify the name of any of the following
persons:
(1) The child.
(2) The child's biological or adoptive parents.
(3) A sibling of the child.
(4) A caretaker of the child.
(d) If the child is a hard to place child, the information posted by the
department under subsection (b) may include the child's first name and
picture.
(e) The department shall update any relevant information under this
section after either of the following:
(1) Each of the child's periodic reviews that occur after the
information under this section is required to be posted.
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(2) The rights of the child's parents have been terminated.
(f) The department shall remove the information required under
subsection (b) from the Internet whenever the child is reunited with the
child's family or an adoption of the child is filed under IC 31-19-2.
(g) Upon request, the department shall inform the person making the
request of the address of the website containing the information
described in this section.
SECTION 268. IC 34-6-2.1-14, AS ADDED BY P.L.186-2025,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 14. (a) "Arising from COVID-19",
for purposes of IC 34-30-32, has the meaning set forth in
IC 34-30-32-2.
(b) (a) "Arising from COVID-19", for purposes of section 13 of this
chapter, IC 34-12-5, and IC 34-13-3-3, means an injury or harm caused
by or resulting from:
(1) the actual, alleged, or possible exposure to or contraction of
COVID-19; or
(2) services, treatment, or other actions performed for COVID-19.
(c) (b) The definition under subsection (b) (a) includes:
(1) the implementation of policies and procedures to:
(A) prevent or minimize the spread of COVID-19; and
(B) reallocate or procure staff or resources for COVID-19;
(2) testing in response to COVID-19;
(3) monitoring, collecting, reporting, tracking, tracing, disclosing,
or investigating COVID-19 exposure or other COVID-19 related
information;
(4) using, designing, manufacturing, providing, donating, or
servicing precautionary, diagnostic, collection, or other health
equipment or supplies, including personal protective equipment,
for COVID-19;
(5) closing or partially closing to prevent or minimize the spread
of COVID-19;
(6) delaying or modifying the scheduling or performance of a
nonemergency medical procedure or appointment due to
COVID-19;
(7) reasonable nonperformance of medical services due to
COVID-19; and
(8) providing services or products in response to government
appeal or repurposing operations to address an urgent need for
personal protective equipment, sanitation products, or other
products necessary to protect the public from COVID-19.
SECTION 269. IC 34-6-2.1-40, AS ADDED BY P.L.186-2025,
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SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 40. (a) "COVID-19", for purposes
of IC 34-30-32, has the meaning set forth in IC 34-30-32-3.
(b) "COVID-19", for purposes of IC 34-30-33, has the meaning set
forth in IC 34-30-33-2.
(c) "COVID-19", for purposes of sections 14 and 84 of this chapter,
IC 34-7-8, IC 34-12-5, IC 34-13-3-3, IC 34-30-13.5-1, and
IC 34-30-13.5-3, has the meaning set forth in IC 34-30-32-3. means:
(1) severe acute respiratory syndrome coronavirus 2 or a
mutated form of severe acute respiratory syndrome
coronavirus 2; or
(2) the disease caused by severe acute respiratory syndrome
coronavirus 2 or a mutated form of severe acute respiratory
syndrome coronavirus 2.
SECTION 270. IC 34-6-2.1-41 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 41. "COVID-19 protective product", for purposes of
IC 34-30-33, has the meaning set forth in IC 34-30-33-2.
SECTION 271. IC 34-6-2.1-120 IS REPEALED [EFFECTIVE
JULY 1, 2026]. Sec. 120. "Manufacturer or supplier", for purposes of
IC 34-30-33, has the meaning set forth in IC 34-30-33-2.
SECTION 272. IC 34-6-2.1-149, AS ADDED BY P.L.186-2025,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 149. (a) "Person", for purposes of
IC 34-14, has the meaning set forth in IC 34-14-1-13.
(b) "Person", for purposes of IC 34-11-2-11.5 and IC 34-24-4,
means:
(1) an individual;
(2) a governmental entity;
(3) a corporation;
(4) a firm;
(5) a trust;
(6) a partnership; or
(7) an incorporated or unincorporated association that exists
under or is authorized by the laws of this state, another state, or a
foreign country.
(c) "Person", for purposes of section 67 of this chapter and
IC 34-30-29-1, means an adult or a minor.
(d) "Person", for purposes of IC 34-26-4, has the meaning set forth
in IC 35-31.5-2-234.
(e) "Person", for purposes of IC 34-30-5, means any of the
following:
(1) An individual.
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(2) A corporation.
(3) A partnership.
(4) An unincorporated association.
(5) The state (as defined in section 193 of this chapter).
(6) A political subdivision (as defined in section 155 of this
chapter).
(7) Any other entity recognized by law.
(f) "Person", for purposes of IC 34-30-6, means an individual, a
corporation, a limited liability company, a partnership, an
unincorporated association, or a governmental entity that:
(1) has qualifications or experience in:
(A) storing, transporting, or handling a hazardous substance or
compressed gas;
(B) fighting fires;
(C) emergency rescue; or
(D) first aid care; or
(2) is otherwise qualified to provide assistance appropriate to
remedy or contribute to the remedy of the emergency.
(g) "Person", for purposes of IC 34-30-18, includes:
(1) an individual;
(2) an incorporated or unincorporated organization or association;
(3) the State of Indiana;
(4) a political subdivision (as defined in IC 36-1-2-13);
(5) an agency of the state or a political subdivision; or
(6) a group of such persons acting in concert.
(h) "Person", for purposes of sections 58, 59, 100, and 141 of this
chapter, means an individual, an incorporated or unincorporated
organization or association, or a group of such persons acting in
concert.
(i) "Person", for purposes of IC 34-30-10.5, means the following:
(1) A political subdivision (as defined in IC 36-1-2-13).
(2) A volunteer fire department (as defined in IC 36-8-12-2).
(3) An employee of an entity described in subdivision (1) or (2)
who acts within the scope of the employee's responsibilities.
(4) A volunteer firefighter (as defined in IC 36-8-12-2) who is
acting for a volunteer fire department.
(5) A corporation, a limited liability company, a partnership, an
unincorporated association, or any other entity recognized by law.
(j) "Person", for purposes of IC 34-28-7, means:
(1) an individual;
(2) a governmental entity;
(3) a corporation;
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(4) a firm;
(5) a trust;
(6) a partnership; or
(7) an incorporated or unincorporated association that exists
under or is authorized by the laws of this state, another state, or a
foreign country.
(k) "Person", for purposes of IC 34-31-9, has the meaning set forth
in IC 34-31-9-8.
(l) "Person", for purposes of IC 34-30-32, has the meaning set forth
in IC 34-30-32-4.
SECTION 273. IC 34-6-2.1-160 IS REPEALED [EFFECTIVE
JULY 1, 2026]. Sec. 160. "Premises", for purposes of IC 34-30-32, has
the meaning set forth in IC 34-30-32-5.
SECTION 274. IC 34-7-4-2, AS AMENDED BY P.L.68-2005,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. Statutes outside IC 34 providing causes of
action or procedures include the following:
(1) IC 4-21.5-5 (Judicial review of administrative agency actions).
(2) IC 22-3-4 (Worker's compensation administration and
procedures).
(3) IC 22-4-17 (Unemployment compensation system, employee's
claims for benefits).
(4) IC 22-4-32 (Unemployment compensation system, employer's
appeal process).
(5) IC 22-9 (Civil rights actions).
(6) IC 22-9.5 (Fair housing).
(6) (7) IC 24-9 (Home loans).
(7) (8) IC 31-14 (Paternity).
(8) (9) IC 31-15 (Dissolution of marriage and legal separation).
(9) (10) IC 31-16 (Support of children and other dependents).
(10) (11) IC 31-17 (Custody and parenting time).
(11) (12) IC 31-19 (Adoption).
(12) (13) IC 32-27-2, IC 32-30-1, IC 32-30-2, IC 32-30-4,
IC 32-30-9, IC 32-30-10, IC 32-30-12, IC 32-30-13, and
IC 32-30-14 (Real property).
(13) (14) IC 33-43-4 (Attorney liens).
SECTION 275. IC 34-21.5-1-1, AS ADDED BY P.L.29-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) Except as provided in sections 2 and 3 of
this chapter, this article does not apply to the following:
(1) A photograph, digital image, or video that is disclosed in good
faith:
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(A) to report a possible criminal act;
(B) in connection with a criminal investigation;
(C) under a court order;
(D) by a news reporting or an entertainment medium (as
defined in IC 32-36-1-4); or
(E) as a matter of public concern or public interest.
(2) The disclosure of an intimate image of a child by the child's
parent, legal guardian, or legal custodian.
SECTION 276. IC 34-30-2.1-32.7, AS ADDED BY P.L.15-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 32.7. IC 5-2-26-4(b) (Concerning law
enforcement notification of property owners after an accident).
SECTION 277. IC 34-31-6.5-4, AS ADDED BY P.L.77-2013,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) Ice skaters are considered to:
(1) have knowledge of; and
(2) assume;
(1) have knowledge of; and
(2) assume;
the risks of ice skating.
(b) For purposes of this chapter, risks of ice skating include the
following:
(1) Injuries that result from collisions or incidental contact with
other ice skaters or other individuals who are properly on the
skating surface.
(2) Injuries that result from falls caused by loss of balance.
(3) Injuries that involve objects or artificial structures that:
(A) are properly within the intended path of travel of the ice
skater; and
(B) are not otherwise attributable to an operator's breach of the
operator's duties or responsibilities under section 2 of this
chapter.
SECTION 278. IC 34-31-7-3, AS ADDED BY P.L.149-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) As used in this section, "premises" means
a part of a building that is:
(1) used primarily for worship services;
(2) owned, operated, or controlled by a nonprofit religious
organization; and
(3) used for purposes of providing childcare child care services
for which a fee is charged.
(b) If a customer who purchases childcare child care services or the
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customer's child enters the premises for the purpose of receiving fee
based childcare child care services, with the actual or implied consent
of the childcare child care provider or nonprofit religious organization,
the childcare child care provider and nonprofit religious institution
have the duty to:
(1) warn the customer or the customer's child of a hidden danger
on the premises if a representative of the childcare child care
provider or the nonprofit religious institution has actual
knowledge of the hidden danger;
(2) refrain from intentionally harming the customer or the
customer's child; and
(3) inspect the premises for dangerous hazards and defects, and
correct any dangerous hazard or defect within a reasonable period
of time after becoming aware of the existence of the dangerous
hazard or defect.
SECTION 279. IC 35-31.5-2-127.8, AS AMENDED BY
P.L.98-2025, SECTION 1, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 127.8. (a) "Family member", for
purposes of IC 35-44.1-3-1, has the meaning set forth in
IC 35-44.1-3-1.
(b) Family member, "Family member", for purposes of
IC 35-38-2-2.3, has the meaning set forth in IC 35-38-2-2.3.
SECTION 280. IC 35-48-2-6, AS AMENDED BY P.L.84-2024,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) The controlled substances listed in this
section are included in schedule II.
(b) Any of the following substances, except those narcotic drugs
listed in other schedules, whether produced directly or indirectly by
extraction from substances of vegetable origin, or independently by
means of chemical synthesis, or by combination of extraction and
chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate, excluding apomorphine,
dextrorphan, nalbuphine, naloxone, naltrexone, and their
respective salts but including:
(A) raw opium (9600);
(B) opium extracts (9610);
(C) opium fluid extracts (9620);
(D) powdered opium (9639);
(E) granulated opium (9640);
(F) tincture of opium (9630);
(G) codeine (9050);
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(H) dihydroetorphine (9334);
(I) ethylmorphine (9190);
(J) etorphine hydrochloride (9059);
(K) hydrocodone (9193), and any hydrocodone combination
product, as determined by the federal Food and Drug
Administration;
(L) hydromorphone (9150);
(M) metopon (9260);
(N) morphine (9300);
(O) oxycodone (9143);
(P) oxymorphone (9652);
(Q) thebaine (9333); and
(R) oripavine.
(2) Any salt, compound, isomer, derivative, or preparation thereof
which is chemically equivalent or identical with any of the
substances referred to in subdivision (b)(1) of this section,
subdivision (1), but not including the isoquinoline alkaloids of
opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves (9040) and any salt, compound, derivative, or
preparation of coca leaves (including cocaine (9041) and
ecgonine (8180) and their salts, isomers, derivatives, and salts of
isomers and derivatives), and any salt, compound, derivative, or
preparation thereof that is chemically equivalent or identical with
these substances except that the substances do not include:
(A) decocainized coca leaves or an extraction of coca leaves
that does not contain cocaine or ecgonine;
(B) [123I]ioflupane; or
(C) [18F]FP-CIT.
(5) Concentrate of poppy straw (the crude extract of poppy straw
in either liquid, solid, or powder form which contains the
phenanthrene alkaloids of the opium poppy) (9670).
(c) Opiates. Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers whenever
the existence of these isomers, esters, ethers, and salts is possible
within the specific chemical designation:
Alfentanil (9737).
Alphaprodine (9010).
Anileridine (9020).
Bezitramide (9800).
Bulk dextropropoxyphene (nondosage forms) (9273).
Carfentanil (9743).
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Dihydrocodeine (9120).
Diphenoxylate (9170).
Fentanyl (9801).
Isomethadone (9226).
Levo-alphacetylmethadol (9648). Other names:
Levo-alpha-acetylmethadol; levomethadyl acetate; and LAAM.
Levomethorphan (9210).
Levorphanol (9220).
Metazocine (9240).
Methadone (9250).
Methadone-Intermediate, 4-cyano-2-dimethyl-amino-4,
4-diphenyl butane (9254).
Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenylpropane- carboxylic acid (9802).
Oliceridine (N-[(3-methoxythiophen- 2-yl) methyl]({2- [(9R)-9-
(pyridin- 2-yl)-6-oxaspiro[4.5]decan-9-yl]ethyl})amine) (9245).
Pethidine (Meperidine) (9230).
Pethidine-Intermediate- A, 4-cyano-1-methyl-4-phenylpiperidine
(9232).
Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate
(9233).
Pethidine-Intermediate-C,1-methyl-4-phenylpiperidine-4-carbo
xylic acid (9234).
Phenazocine (9715).
Piminodine (9730).
Racemethorphan (9732).
Racemorphan (9733).
Remifentanil (9739).
Sufentanil (9740).
Tapentadol.
Thiafentanil.
(d) Stimulants. Any material compound, mixture, or preparation
which contains any quantity of the following substances having a
potential for abuse associated with a stimulant effect on the central
nervous system:
(1) Amphetamine, its salts, optical isomers, and salts of its optical
isomers (1100).
(2) Methamphetamine, including its salts, isomers, and salts of its
isomers (1105).
(3) Phenmetrazine and its salts (1631).
(4) Methylphenidate (1724).
(5) Lisdexamfetamine, its salts, its isomers, and salts of its
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isomers.
(e) Depressants. Unless specifically excepted by rule of the board
or unless listed in another schedule, any material, compound, mixture,
or preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers whenever the existence of such
salts, isomers, and salts of isomers is possible within the specific
chemical designation:
Amobarbital (2125).
Glutethimide (2550).
Pentobarbital (2270).
Phencyclidine (7471).
Secobarbital (2315).
(f) Immediate precursors. Unless specifically excepted by rule of the
board or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the following
substances:
(1) Immediate precursor to amphetamine and methamphetamine:
Phenylacetone (8501). Some trade or other names:
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
ketone.
(2) Immediate precursors to phencyclidine (PCP):
(A) 1-phenylcyclohexylamine (7460); or
(B) 1-piperidinocyclohexanecarbonitrile (PCC) (8603).
(3) Immediate precursor to fentanyl:
(A) 4-anilino-N-phenethylpiperidine (ANPP) (8333); or
(B) N-phenyl-N-(piperidin-4-yl)propionamide (norfentanyl)
(8366).
(g) Hallucinogenic substances:
Dronabinol oral solution. Other name:
(-)-delta-9-trans-tetrahydrocannabinol (delta-9-THC).
Nabilone (7379). Other name: (+/-)-trans-3-
(1,1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy -6,
6-dimethyl-9H-dibenzo [b,d] pyran-9-one.
SECTION 281. IC 35-50-6-3.3, AS AMENDED BY P.L.142-2020,
SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.3. (a) In addition to any educational credit a
person earns under subsection (b), or good time credit a person earns
under section 3 or 3.1 of this chapter, a person earns educational credit
if the person:
(1) is in credit Class I, Class A, or Class B;
(2) has demonstrated a pattern consistent with rehabilitation; and
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(3) successfully completes requirements to obtain one (1) of the
following:
(A) A general educational development (GED) diploma under
IC 20-20-6 (before its repeal) or IC 22-4.1-18, if the person
has not previously obtained a high school diploma.
(B) Except as provided in subsection (o), a high school
diploma, if the person has not previously obtained a general
educational development (GED) diploma.
(C) An associate degree from an approved postsecondary
educational institution (as defined under IC 21-7-13-6(a))
earned during the person's incarceration.
(D) A bachelor bachelor's degree from an approved
postsecondary educational institution (as defined under
IC 21-7-13-6(a)) earned during the person's incarceration.
(b) In addition to any educational credit that a person earns under
subsection (a), or good time credit a person earns under section 3 or 3.1
of this chapter, a person may earn educational credit if, while confined
by the department of correction, the person:
(1) is in credit Class I, Class A, or Class B;
(2) demonstrates a pattern consistent with rehabilitation; and
(3) successfully completes requirements for at least one (1) of the
following:
(A) To obtain a certificate of completion of a career and
technical or vocational education program approved by the
department of correction.
(B) To obtain a certificate of completion of a substance abuse
program approved by the department of correction.
(C) To obtain a certificate of completion of a literacy and basic
life skills program approved by the department of correction.
(D) To obtain a certificate of completion of a reformative
program approved by the department of correction.
(E) An individualized case management plan approved by the
department of correction.
(c) The department of correction shall establish admissions criteria
and other requirements for programs available for earning educational
credit under subsection (b). A person may not earn educational credit
under this section for the same program of study. The department of
correction, in consultation with the department of workforce
development, shall approve a program only if the program is likely to
lead to an employable occupation.
(d) The amount of educational credit a person may earn under this
section is the following:
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(1) Six (6) months for completion of a state of Indiana general
educational development (GED) diploma under IC 20-20-6
(before its repeal) or IC 22-4.1-18.
(2) One (1) year for graduation from high school.
(3) Not more than one (1) year for completion of an associate
degree.
(4) Not more than two (2) years for completion of a bachelor
bachelor's degree.
(5) Not more than a total of one (1) year, as determined by the
department of correction, for the completion of one (1) or more
career and technical or vocational education programs approved
by the department of correction.
(6) Not more than a total of six (6) months, as determined by the
department of correction, for the completion of one (1) or more
substance abuse programs approved by the department of
correction.
(7) Not more than a total of six (6) months, as determined by the
department of correction, for the completion of one (1) or more
literacy and basic life skills programs approved by the department
of correction.
(8) Not more than a total of six (6) months, as determined by the
department of correction, for completion of one (1) or more
reformative programs approved by the department of correction.
However, a person who is serving a sentence for an offense listed
under IC 11-8-8-4.5 may not earn educational credit under this
subdivision.
(9) An amount determined by the department of correction under
a policy adopted by the department of correction concerning the
individualized case management plan, not to exceed the
maximum amount described in subsection (j).
However, a person who does not have a substance abuse problem that
qualifies the person to earn educational credit in a substance abuse
program may earn not more than a total of twelve (12) months of
educational credit, as determined by the department of correction, for
the completion of one (1) or more career and technical or vocational
education programs approved by the department of correction. If a
person earns more than six (6) months of educational credit for the
completion of one (1) or more career and technical or vocational
education programs, the person is ineligible to earn educational credit
for the completion of one (1) or more substance abuse programs.
(e) Educational credit earned under this section must be directly
proportional to the time served and course work completed while
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incarcerated. The department of correction shall adopt rules under
IC 4-22-2 necessary to implement this subsection.
(f) Educational credit earned by a person under this section is
subtracted from the release date that would otherwise apply to the
person by the sentencing court after subtracting all other credit time
earned by the person.
(g) A person does not earn educational credit under subsection (a)
unless the person completes at least a portion of the degree
requirements after June 30, 1993.
(h) A person does not earn educational credit under subsection (b)
unless the person completes at least a portion of the program
requirements after June 30, 1999.
(i) Educational credit earned by a person under subsection (a) for a
diploma or degree completed before July 1, 1999, shall be subtracted
from:
(1) the release date that would otherwise apply to the person after
subtracting all other credit time earned by the person, if the
person has not been convicted of an offense described in
subdivision (2); or
(2) the period of imprisonment imposed on the person by the
sentencing court, if the person has been convicted of one (1) of
the following crimes:
(A) Rape (IC 35-42-4-1).
(B) Criminal deviate conduct (IC 35-42-4-2) (before its
repeal).
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
(E) Vicarious sexual gratification (IC 35-42-4-5).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Sexual misconduct with a minor (IC 35-42-4-9) as a:
(i) Class A felony, Class B felony, or Class C felony for a
crime committed before July 1, 2014; or
(ii) Level 1, Level 2, or Level 4 felony, for a crime
committed after June 30, 2014.
(I) Incest (IC 35-46-1-3).
(J) Sexual battery (IC 35-42-4-8).
(K) Kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age.
(L) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age.
(j) The maximum amount of educational credit a person may earn
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under this section is the lesser of:
(1) two (2) years; or
(2) one-third (1/3) of the person's total applicable credit time.
(k) Educational credit earned under this section by an offender
serving a sentence for stalking (IC 35-45-10-5), a felony against a
person under IC 35-42, or for a crime listed in IC 11-8-8-5, shall be
reduced to the extent that application of the educational credit would
otherwise result in:
(1) postconviction release (as defined in IC 35-40-4-6); or
(2) assignment of the person to a community transition program;
in less than forty-five (45) days after the person earns the educational
credit.
(l) A person may earn educational credit for multiple degrees at the
same education level under subsection (d) only in accordance with
guidelines approved by the department of correction. The department
of correction may approve guidelines for proper sequence of education
degrees under subsection (d).
(m) A person may not earn educational credit:
(1) for a general educational development (GED) diploma if the
person has previously earned a high school diploma; or
(2) for a high school diploma if the person has previously earned
a general educational development (GED) diploma.
(n) A person may not earn educational credit under this section if
the person:
(1) commits an offense listed in IC 11-8-8-4.5 while the person is
required to register as a sex or violent offender under IC 11-8-8-7;
and
(2) is committed to the department of correction after being
convicted of the offense listed in IC 11-8-8-4.5.
(o) For a person to earn educational credit under subsection
(a)(3)(B) for successfully completing the requirements for a high
school diploma through correspondence courses, each correspondence
course must be approved by the department before the person begins
the correspondence course. The department may approve a
correspondence course only if the entity administering the course is
recognized and accredited by the department of education in the state
where the entity is located.
(p) The department of correction shall, before May 1, 2023, submit
a report to the legislative council, in an electronic format under
IC 5-14-6, concerning the implementation of the individualized case
management plan. The report must include the following:
(1) The ratio of case management staff to offenders participating
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in the individualized case management plan as of January 1, 2023.
(2) The average number of days awarded to offenders
participating in the individualized case management plan from
January 1, 2022, through December 31, 2022.
(3) The percentage of the prison population currently participating
in an individualized case management plan as of January 1, 2023.
(4) Any other data points or information related to the status of
the implementation of the individualized case management plan.
This subsection expires June 30, 2023.
SECTION 282. IC 35-52-7-26, AS ADDED BY P.L.169-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 26. IC 7.1.5-4-6 IC 7.1-5-4-6 defines a crime
concerning alcohol.
SECTION 283. IC 35-52-12-2, AS AMENDED BY P.L.174-2025,
SECTION 47, AND P.L.243-2025, SECTION 14, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2.
IC 12-11-13-16 defines a crime concerning the statewide bureau of
disabilities services ombudsman.
SECTION 284. IC 36-2-14-22.1, AS AMENDED BY P.L.225-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 22.1. (a) As used in this section, "hospital" refers
to a hospital that is licensed under IC 16-21-2.
(b) Upon the request of a coroner who is conducting or will conduct
a death investigation on an individual who is admitted or was admitted
to a hospital, the hospital shall provide a sample of the individual's
blood or tissue to the coroner.
(c) A hospital shall have a blood retention protocol for the
preservation of the first sample of blood drawn for an individual
seeking treatment of emergency care services at an emergency
department of the hospital, regardless of whether the individual is
ultimately admitted to the hospital. The protocol shall include a plan
for:
(1) when a patient is transferred to another hospital; and
(2) notifying the laboratory for a requisition or order for whole
blood sample analysis to indicate when a patient is:
(A) treated for an injury that is suspicious, violent, accidental,
or from an overdose; and
(B) determined by a provider to be critically injured or
mortally wounded at the time the patient seeks emergency care
services at the emergency department.
(d) A laboratory that receives an order for whole blood sample
analysis and the notification under subsection (c)(2) shall do the
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following:
(1) The laboratory shall hold the blood sample in storage until the
earlier of the following:
(A) The expiration of the twenty-one (21) day period
beginning on the date that the sample of the patient's blood is
drawn.
(B) The date of the patient's discharge from the hospital. For
purposes of this clause, the transfer of the patient to another
hospital does not constitute a discharge.
(C) The date of the patient's death.
(2) This subdivision applies if:
(A) the patient is transferred to another hospital; and
(B) at the time of the transfer, the transferring hospital
laboratory is still holding the first blood sample in storage in
accordance with subdivision (1)(A).
The transferring hospital laboratory shall hold the first blood
sample in storage in accordance with subdivision (1)(A), unless
the transferring hospital laboratory receives information from the
receiving hospital that the patient has been discharged from the
receiving hospital or has died.
The requirements set forth in this subsection may be waived in any
case where the sample is tested and cannot be retained for reasons of
medical necessity in the clinical care of the patient.
(e) A coroner does not need to obtain a warrant to request a blood
or tissue sample under this section.
SECTION 285. IC 36-3-4-4, AS AMENDED BY P.L.159-2025,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. The city-county legislative body may:
(1) expel any member for violation of an official duty;
(2) declare the seat of any member vacant if the member is unable
or fails to perform the duties of the member's office; and
(3) adopt its own rules to govern proceedings under this
subsection. section.
However, a two-thirds (2/3) vote is required to expel a member or
vacate the member's seat.
SECTION 286. IC 36-3-8-4, AS ADDED BY P.L.52-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. The town legislative body and the legislative
body of the consolidated city and county shall take any steps necessary
to implement this chapter, including adopting ordinances and
resolutions and entering into interlocal agreements.
SECTION 287. IC 36-4-5-5, AS AMENDED BY P.L.127-2017,
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SECTION 125, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. On reasonable notice of at least
three (3) days to the person complained of, the executive shall hear any
complaint against a person to whom the city has issued a license, and
may issue subpoenas to compel the attendance of witnesses, administer
oaths to those witnesses, and require them to testify. To the extent they
can be applied, the Indiana rules of procedure, including the right to
appear by counsel and to compel the attendance of witnesses for or
against persons complained of, apply to proceedings under this section.
If the executive finds that the person complained of has wilfully
willfully violated a term or condition of the person's license, or has
wilfully willfully done or permitted to be done an act in violation of a
statute or city ordinance relating to the business licensed, the executive
shall revoke or suspend the license. The executive shall file a copy of
the executive's findings and determination with the city fiscal officer
within twenty-four (24) hours after it is made.
SECTION 288. IC 36-7-2-9.1, AS AMENDED BY P.L.146-2025,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9.1. (a) This section does not apply to:
(1) a manufactured housing community; or
(2) a mobile home community;
that is licensed, permitted, and inspected by the Indiana department of
health or a local board of health.
(b) This section applies only to a city, town, or county that requires
a building permit, plan review, or inspection for the construction of a
Class 2 structure.
(c) As used in this section, "Class 2 structure" has the meaning set
forth in IC 22-12-1-5.
(d) A city, town, or county shall allow the plan review or inspection
to be conducted by the following:
(1) An individual who is employed by the city, town, or county as
a building inspector.
(2) An individual who is employed by another city, town, or
county as a building inspector.
(3) A private provider who is:
(A) an architect registered under IC 25-4-1;
(B) a professional engineer registered under IC 25-31-1; or
(C) a certified building official (as defined in IC 36-7-2.5-3).
IC 36-7-2.5-4).
(e) An applicant for a building permit may choose to have a private
provider under subsection (d)(3) conduct the plan review or inspection
as provided in IC 36-7-2.5.
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SECTION 289. IC 36-7-32.5-9, AS AMENDED BY P.L.213-2025,
SECTION 310, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 9. (a) Before the corporation may
designate territory within the jurisdiction of a city, town, or county, or
within the jurisdiction of more than one (1) city, town, or county, as an
innovation development district under this section, the board of the
corporation established under IC 5-28-4 shall establish uniform
policies and guidelines that the corporation must follow when notifying
and collaborating with an executive, or, if applicable, executives, to
designate territory within the jurisdiction of a city, town, or county as
an innovation development district under this section. The corporation
shall publish the uniform policies and procedures established under this
subsection on the corporation's website.
(b) Subject to subsection (c) and section 12(a) of this chapter, after:
(1) budget committee review; and
(2) notifying and collaborating with the executive, or, if an
innovation development district will include territory within the
jurisdiction of more than one (1) city, town, or county, with the
executives of each city, town, or county, in the manner provided
under the policies and guidelines established under subsection
(a);
the corporation may designate territory within the jurisdiction of a city,
town, or county, or territory within the jurisdiction of more than one (1)
city, town, or county, as an innovation development district if the
corporation determines that
(1) the designation will support economic growth and
(2) the total investment plan is an amount equal to or greater than
seven hundred fifty million dollars ($750,000,000).
(c) Notwithstanding section 10(b) of this chapter, but subject to
section 12(c) of this chapter, the corporation may designate territory
that is located in an existing allocation area described in section 10(b)
of this chapter as an innovation development district after:
(1) budget committee review; and
(2) obtaining consent from the executive, executives, or the board
of any military base reuse authority, in the manner provided under
the policies and guidelines established under subsection (a).
(d) The requirements in subsection (c) apply to all innovation
development districts established under this chapter regardless of the
total costs and benefits of the proposed investment of an innovation
development district.
SECTION 290. [EFFECTIVE UPON PASSAGE] (a) This act may
be referred to as the "technical corrections bill of the 2026 general
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assembly".
(b) The phrase "technical corrections bill of the 2026 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, 2026.
SECTION 291. [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 2026 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
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
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294
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
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, 2026.
SECTION 292. An emergency is declared for this act.
HEA 1088
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1088Every fact on this page links to its source, starting with the official bill record.