Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1637
AN ACT to amend the Indiana Code concerning public safety.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 1-1-4-5, AS AMENDED BY P.L.114-2016,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The following definitions apply to the
construction of all Indiana statutes, unless the construction is plainly
repugnant to the intent of the general assembly or of the context of the
statute:
(1) "Adult", "of full age", and "person in his majority" mean a
person at least eighteen (18) years of age.
(2) "Attorney" includes a counselor or other person authorized to
appear and represent a party in an action or special proceeding.
(3) "Autism" means a neurological condition as described in the
most recent edition of the Diagnostic and Statistical Manual of
Mental Disorders of the American Psychiatric Association.
(4) "Bond" does not necessarily imply a seal.
(5) "Clerk" means the clerk of the court or a person authorized to
perform the clerk's duties.
(6) "Health record", "hospital record", or "medical record" means
written or printed information possessed by a provider (as defined
in IC 16-18-2-295) concerning any diagnosis, treatment, or
prognosis of the patient, unless otherwise defined. Except as
otherwise provided, the terms include mental health records and
drug and alcohol abuse records.
(7) "Highway" includes county bridges and state and county
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roads, unless otherwise expressly provided.
(8) "Infant" or "minor" means a person less than eighteen (18)
years of age.
(9) "Inhabitant" may be construed to mean a resident in any place.
(10) "Judgment" means all final orders, decrees, and
determinations in an action and all orders upon which executions
may issue.
(11) "Land", "real estate", and "real property" include lands,
tenements, and hereditaments.
(12) "Mentally incompetent" means of unsound mind.
(13) "Money demands on contract", when used in reference to an
action, means an action arising out of contract when the relief
demanded is a recovery of money.
(14) "Month" means a calendar month, unless otherwise
expressed.
(15) "Noncode statute" means a statute that is not codified as part
of the Indiana Code.
(16) "Oath" includes "affirmation", and "to swear" includes to
"affirm".
(17) "Person" extends to bodies politic and corporate.
(18) "Personal property" includes goods, chattels, evidences of
debt, and things in action.
(19) "Population" has the meaning set forth in IC 1-1-3.5-3.
(20) "Preceding" and "following", referring to sections in statutes,
mean the sections next preceding or next following that in which
the words occur, unless some other section is designated.
(21) "Property" includes personal and real property.
(22) "Sheriff" means the sheriff of the county or another person
authorized to perform sheriff's duties.
(23) "State", applied to any one (1) of the United States, includes
the District of Columbia and the commonwealths, possessions,
states in free association with the United States, and the
territories. "United States" includes the District of Columbia and
the commonwealths, possessions, states in free association with
the United States, and the territories.
(24) "Under legal disabilities" includes persons less than eighteen
(18) years of age, mentally incompetent, or out of the United
States.
(25) "Verified", when applied to pleadings, means supported by
oath or affirmation in writing.
(26) "Will" includes a testament and codicil.
(27) "Without relief" in any judgment, contract, execution, or
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other instrument of writing or record, means without the benefit
of valuation laws.
(28) "Written" and "in writing" include printing, lithographing, or
other mode of representing words and letters. If the written
signature of a person is required, the terms mean the proper
handwriting of the person or the person's mark.
(29) "Year" means a calendar year, unless otherwise expressed.
(30) The definitions in IC 35-31.5 apply to all statutes relating to
penal offenses.
(b) This subsection applies to the definitions of "Hoosier veteran"
and "veteran" when used in reference to state programs for veterans.
The term "veteran" includes "Hoosier veteran", and applies to the
construction of all Indiana statutes, unless the construction is expressly
excluded by the terms of the statute, is plainly repugnant to the intent
of the general assembly or of the context of the statute, or is
inconsistent with federal law. "Hoosier veteran" means an individual
who meets the following criteria:
(1) The individual is a resident of Indiana.
(2) The individual served in a an active or reserve component of
the armed forces of the United States or the Indiana National
Guard.
(3) The individual completed any required military occupational
specialty training and was not discharged or separated from the
armed forces or the Indiana National Guard under dishonorable
or other than honorable conditions. under conditions other than
conditions set forth in IC 10-17-12-7.5(2).
The definitions set forth in this subsection may not be construed to
affect a Hoosier veteran's eligibility for any state program that is based
upon a particular aspect of the Hoosier veteran's service such as a
disability or a wartime service requirement.
SECTION 2. IC 3-5-2-49.3, AS AMENDED BY P.L.227-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 49.3. "Uniformed services" means any of the
following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Coast Guard.
(6) The United States Space Force.
(7) The commissioned corps of the Public Health Service.
(8) The commissioned corps of the National Oceanic and
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Atmospheric Administration.
SECTION 3. IC 4-13-16.5-1, AS AMENDED BY P.L.42-2024,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) The definitions in this section apply
throughout this chapter.
(b) "Commission" refers to the governor's commission on supplier
diversity established under section 2 of this chapter.
(c) "Commissioner" refers to the commissioner of the department.
(d) "Contract" means any contract awarded by a state agency or, as
set forth in section 2(g)(11) of this chapter, awarded by a recipient of
state grant funds, for construction projects or the procurement of goods
or services, including professional services. For purposes of this
subsection, "goods or services" may not include the following when
determining the total value of contracts for state agencies:
(1) Utilities.
(2) Health care services (as defined in IC 27-8-11-1(c)).
(3) Rent paid for real property or payments constituting the price
of an interest in real property as a result of a real estate
transaction.
(e) "Contractor" means a person or entity that:
(1) contracts with a state agency; or
(2) as set forth in section 2(g)(11) of this chapter:
(A) is a recipient of state grant funds; and
(B) enters into a contract:
(i) with a person or entity other than a state agency; and
(ii) that is paid for in whole or in part with the state grant
funds.
(f) "Department" refers to the Indiana department of administration
established by IC 4-13-1-2.
(g) "Deputy commissioner" refers to the deputy commissioner for
supplier diversity of the department.
(h) "Minority business enterprise" or "minority business" means an
individual, partnership, corporation, limited liability company, or joint
venture of any kind that is owned and controlled by one (1) or more
persons who are:
(1) United States citizens; and
(2) members of a minority group or a qualified minority nonprofit
corporation.
(i) "NGB-22" means the National Guard Report of Separation form
or its predecessor or successor form.
(j) "Qualified minority or women's nonprofit corporation" means a
corporation that:
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(1) is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code;
(2) is headquartered in Indiana;
(3) has been in continuous existence for at least five (5) years;
(4) has a board of directors that has been in compliance with all
other requirements of this chapter for at least five (5) years;
(5) is chartered for the benefit of the minority community or
women; and
(6) provides a service that will not impede competition among
minority business enterprises or women's business enterprises at
the time a nonprofit applies for certification as a minority
business enterprise or a women's business enterprise.
(k) "Owned and controlled" means:
(1) if the business is a qualified minority nonprofit corporation, a
majority of the board of directors are minority;
(2) if the business is a qualified women's nonprofit corporation,
a majority of the members of the board of directors are women; or
(3) if the business is a business other than a qualified minority or
women's nonprofit corporation, having:
(A) ownership of at least fifty-one percent (51%) of the
enterprise, including corporate stock of a corporation;
(B) control over the management and active in the day-to-day
operations of the business; and
(C) an interest in the capital, assets, and profits and losses of
the business proportionate to the percentage of ownership.
(l) "Minority group" means:
(1) African Americans;
(2) Native Americans;
(3) Hispanic Americans; and
(4) Asian Americans.
(m) "Separate body corporate and politic" refers to an entity
established by the general assembly as a body corporate and politic.
(n) "State agency" refers to any authority, board, branch,
commission, committee, department, division, or other instrumentality
of the executive, including the administrative, department of state
government.
(o) "Veteran" means an individual who:
(1) has previously:
(A) served on active duty in any branch of the armed forces of
the United States or their reserves, in the national guard, or in
the Indiana National Guard; and
(B) received an honorable a discharge from service under
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conditions other than conditions set forth in
IC 10-17-12-7.5(2); or
(2) is currently serving in:
(A) any branch of the armed forces of the United States or
their reserves;
(B) the national guard; or
(C) the Indiana National Guard.
(p) "Veteran owned small business" refers to a small business that:
(1) is independently owned and operated;
(2) is not dominant in its field of operation; and
(3) satisfies the criteria to be a veteran owned small business
concern as specified in section 1.5 of this chapter.
(q) "Women's business enterprise" means a business that is one (1)
of the following:
(1) A sole proprietorship owned and controlled by a woman.
(2) A partnership or joint venture owned and controlled by
women in which:
(A) at least fifty-one percent (51%) of the ownership is held by
women; and
(B) the management and daily business operations are
controlled by at least one (1) of the women who owns the
business.
(3) A corporation or other entity:
(A) whose management and daily business operations are
controlled by at least one (1) of the women who owns the
business; and
(B) that is at least fifty-one percent (51%) owned by women,
or if stock is issued, at least fifty-one percent (51%) of the
stock is owned by at least one (1) of the women.
(4) A qualified women's nonprofit corporation.
SECTION 4. IC 4-15-2.2-32, AS ADDED BY P.L.229-2011,
SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 32. (a) Former members of the armed forces of the
United States who meet both of the following requirements shall
receive a preference for appointment or reemployment in the state
classified service:
(1) The veteran served on active duty in any branch of the armed
forces.
(2) The veteran was not discharged or separated from the armed
forces under conditions set forth in IC 10-17-12-7.5(2). under
other than honorable conditions, unless the veteran presents
appropriate records from:
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(A) the United States Department of Defense; or
(B) the appropriate branch of the armed forces;
showing a correction of a separation or discharge to "honorable".
(b) When:
(1) preemployment interviews of external candidates are
conducted; and
(2) the qualified applicant pool includes veterans;
veterans must be included in the group offered interviews.
(c) In computing seniority for purposes of a personnel reduction in
state civil service, the computation must include the length of time the
employee spent on active duty in the armed forces of the United States.
SECTION 5. IC 4-23-34-9, AS ADDED BY P.L.3-2022, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2025]: Sec. 9. The Indiana department of veterans' affairs department
of natural resources shall furnish the necessary staff support for the
commission.
SECTION 6. IC 5-9-3-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1. Persons honorably discharged
from the military or naval service armed forces of the United States
under conditions other than conditions set forth in
IC 10-17-12-7.5(2), by reason of disability resulting from wounds or
sickness incurred in the line of duty, shall be preferred for appointment
to civil offices, provided they are found to possess the capacity
necessary for the proper discharge of such offices.
SECTION 7. IC 5-9-3-2, AS AMENDED BY P.L.3-2008,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) Political subdivisions of the state of Indiana
shall allow preference points to eligible armed forces veterans who are
being examined for full time employment. Preference points awarded
to such veterans on each such examination shall be ten percent (10%)
of the total number of points which may be obtained thereon.
(b) To be eligible to receive preference points, under this chapter,
a person must have:
(1) served on active duty in the armed forces of the United States
for at least one hundred eighty-one (181) days; and
(2) received an honorable a discharge from service under
conditions other than conditions set forth in
IC 10-17-12-7.5(2).
(c) The provisions of this chapter are in lieu of any policy of a
political subdivision allowing employment preference for veterans in
effect before July 1, 1975.
SECTION 8. IC 5-9-4-3 IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2025]: Sec. 3. As used in this chapter, "armed
forces of the United States" means the active or reserve components of
the:
(1) the United States Army;
(2) the United States Navy;
(3) the United States Air Force;
(4) the United States Coast Guard;
(5) the United States Marine Corps; or
(6) United States Space Force; or
(6) (7) the Merchant Marine.
SECTION 9. IC 5-10.3-7-5, AS AMENDED BY P.L.8-2015,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) A member who:
(1) enters the United States armed services;
(2) leaves the member's contributions in the fund;
(3) except as provided in subsection (c), resumes service with the
member's employer within one hundred twenty (120) days after
the member's unconditional discharge; and
(4) would be entitled to service credit for military service under
the Uniformed Services Employment and Reemployment Rights
Act (38 U.S.C. 4301 et seq.) if the member had resumed service
with the member's employer within ninety (90) days after
discharge;
is entitled to service credit for the armed service.
(b) A state employee who left employment before January 1, 1946,
or an employee of a political subdivision who left employment before
the participation date, to enter the United States armed services is
entitled to service credit for the armed service if the member:
(1) except as provided in subsection (c), resumes service with the
employer within one hundred twenty (120) days after the
member's unconditional discharge; and
(2) would be entitled to service credit for military service under
the applicable requirements of federal law in effect at the time of
reemployment if the employee had resumed service with the
employee's employer within ninety (90) days after discharge.
(c) The board shall extend the one hundred twenty (120) day
reemployment requirement contained in subsection (a)(3) or (b)(1) if
the board determines that an illness, an injury, or a disability related to
the member's military service prevented the member from resuming
employment within one hundred twenty (120) days after the member's
discharge from military service. However, the board may not extend the
deadline beyond thirty (30) months after the member's discharge.
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(d) If a member retires and the board subsequently determines that
the member is entitled to additional service credit due to the extension
of a deadline under subsection (c), the board shall recompute the
member's benefit. However, the additional service credit may be used
only in the computation of benefits to be paid after the date of the
board's determination, and the member is not entitled to a
recomputation of benefits received before the date of the board's
determination.
(e) Notwithstanding any provision of this section, a member is
entitled to service credit and benefits in the amount and to the extent
required by the Uniformed Services Employment and Reemployment
Rights Act (38 U.S.C. 4301 et seq.).
(f) Subject to the provisions of this section, an active member may
purchase and claim not more than two (2) years of service credit for the
member's service on active duty in the armed services if the member
meets the following conditions:
(1) The member has at least one (1) year of credited service in the
fund.
(2) The member serves on active duty in the armed services of the
United States for at least six (6) months.
(3) The member receives an honorable a discharge from the
armed services under conditions other than conditions set
forth in IC 10-17-12-7.5(2).
(4) Before the member retires, the member makes contributions
to the fund as follows:
(A) Contributions that are equal to the product of the
following:
(i) The member's salary at the time the member actually
makes a contribution for the service credit.
(ii) A rate, determined by the actuary of the fund, that is
based on the age of the member at the time the member
actually makes a contribution for service credit and
computed to result in a contribution amount that
approximates the actuarial present value of the benefit
attributable to the service credit purchased.
(iii) The number of years of service credit the member
intends to purchase.
(B) Contributions for any accrued interest, at a rate determined
by the actuary of the fund, for the period from the member's
initial membership in the fund to the date payment is made by
the member.
However, a member is entitled to purchase service credit under this
HEA 1637 — CC 1
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subsection only to the extent that service credit is not granted for that
time under another provision of this section. At least ten (10) years of
service in Indiana is required before a member may receive a benefit
based on service credits purchased under this section. A member who
terminates employment before satisfying the eligibility requirements
necessary to receive a monthly allowance or receives a monthly
allowance for the same service from another tax supported public
employee retirement plan other than under the federal Social Security
Act may withdraw the purchase amount plus accumulated interest after
submitting a properly completed application for a refund to the fund.
(g) The following apply to the purchase of service credit under
subsection (f):
(1) The board may allow a member to make periodic payments of
the contributions required for the purchase of the service credit.
The board shall determine the length of the period during which
the payments must be made.
(2) The board may deny an application for the purchase of service
credit if the purchase would exceed the limitations under Section
415 of the Internal Revenue Code.
(3) A member may not claim the service credit for purposes of
determining eligibility or computing benefits unless the member
has made all payments required for the purchase of the service
credit.
SECTION 10. IC 5-10.4-4-8, AS AMENDED BY P.L.8-2015,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) This subsection applies to a member who
retires before July 1, 1980. A member who had completed four (4)
years of approved college teacher education before voluntary or
involuntary induction into the military services is entitled to credit for
that service as if the member had begun teaching before the induction.
A member who serves in military service is considered a teacher and
is entitled to the benefits of the fund if before or during the leave of
absence the member pays into the fund the member's contributions.
Time served by a member in military service for the duration of the
hostilities or for the length of active service in the hostilities and the
necessary demobilization time after the hostilities is not subject to the
one-seventh rule set forth in section 7 of this chapter.
(b) This subsection applies to a member who retires after June 30,
1980. A member who completed four (4) years of approved college
teacher education before voluntary or involuntary induction into
military service is entitled to credit for the member's active military
service as if the member had begun teaching before the induction. A
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member who serves in military service is considered a teacher and is
entitled to the benefits of the fund if the following conditions are met:
(1) The member has an honorable received a discharge from
military service under conditions other than conditions set
forth in IC 10-17-12-7.5(2).
(2) Except as provided in subsection (g), the member returns to
active teaching service not later than twenty-four (24) months
after the completion of active military service.
(3) The member has at least ten (10) years of in-state service
credit.
The time served by a member in military service for the duration of the
hostilities or for the length of active service in the hostilities and the
necessary demobilization time after the hostilities is not subject to the
one-seventh rule set forth in section 7 of this chapter. However, not
more than six (6) years of military service credit may be granted under
this subsection.
(c) This subsection applies to a member who retires after May 1,
1989. A member who had begun but had not completed four (4) years
of approved college teacher education before voluntary or involuntary
induction into the military services is entitled to service credit in an
amount equal to the duration of the member's active military service if
the following conditions are met:
(1) The member has an honorable received a discharge from
military service under conditions other than conditions set
forth in IC 10-17-12-7.5(2).
(2) Except as provided in subsection (g), the member returns to a
four (4) year approved college teacher training program not later
than twenty-four (24) months after the completion of active
military service and subsequently completes that program.
(3) The member has at least ten (10) years of in-state service
credit.
The time served by a member in active military service for the length
of active service in the hostilities and the necessary demobilization is
not subject to the one-seventh rule set forth in section 7 of this chapter.
However, not more than six (6) years of military service credit may be
granted under this subsection.
(d) This subsection applies to a member who retires after May 1,
1991, and who is employed at a state educational institution. A member
who had begun but had not completed baccalaureate or
post-baccalaureate education before voluntary or involuntary induction
into military service is entitled to the member's active military service
credit for the member's active military service in an amount equal to
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the duration of the member's military service if the following
conditions are met:
(1) The member received an honorable a discharge from military
service under conditions other than conditions set forth in
IC 10-17-12-7.5(2).
(2) Except as provided in subsection (g), the member returns to
baccalaureate or post-baccalaureate education not later than
twenty-four (24) months after completion of active military
service and subsequently completes that education.
(3) The member has at least ten (10) years of in-state service
credit.
The time served by a member in active military service for the length
of active service in the hostilities and the necessary demobilization is
not subject to the one-seventh rule set forth in section 7 of this chapter.
However, not more than six (6) years of military service credit may be
granted under this subsection.
(e) For purposes of this section, a member returns to active teaching
service on the earlier of:
(1) the date on which the member signs a teacher's contract; or
(2) the date on which the member is first employed in a position
covered by this article.
(f) For purposes of this section, a member returns to:
(1) a teacher training program; or
(2) baccalaureate or post-baccalaureate education;
on the date the member registers for or enrolls in classes that the
member attends.
(g) The board shall extend the twenty-four (24) month deadline
contained in subsection (b)(2), (c)(2), or (d)(2) if the board determines
that an illness, an injury, or a disability related to the member's military
service prevented the member from returning to active teaching service
or to a teacher education program not later than twenty-four (24)
months after the member's discharge from military service. However,
the board may not extend the deadline beyond forty-eight (48) months
after the member's discharge.
(h) If a member retires and the board subsequently determines that
the member is entitled to additional service credit due to the extension
of a deadline under subsection (g), the board shall recompute the
member's benefit. However, the additional service credit may be used
only in the computation of benefits to be paid after the date of the
board's determination, and the member is not entitled to a
recomputation of benefits received before the date of the board's
determination.
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(i) Notwithstanding any provision of this section, a member is
entitled to military service credit and benefits in the amount and to the
extent required by the federal Uniformed Services Employment and
Reemployment Rights Act (38 U.S.C. 4301 et seq.), including all later
amendments.
(j) Subject to this section, an active member may purchase and
claim not more than two (2) years of service credit for the member's
service on active duty in the armed services if the member meets the
following conditions:
(1) The member has at least one (1) year of credited service in the
fund.
(2) The member serves on active duty in the armed services of the
United States for at least six (6) months.
(3) The member receives an honorable a discharge from the
armed services under conditions other than conditions set
forth in IC 10-17-12-7.5(2).
(4) Before the member retires, the member makes contributions
to the fund as follows:
(A) Contributions that are equal to the product of:
(i) the member's salary at the time the member actually
makes a contribution for the service credit;
(ii) a rate, determined by the actuary of the fund, that is
based on the age of the member at the time the member
actually makes a contribution for service credit and
computed to result in a contribution amount that
approximates the actuarial present value of the benefit
attributable to the service credit purchased; and
(iii) the number of years of service credit the member
intends to purchase.
(B) Contributions for any accrued interest, at a rate determined
by the actuary of the fund, for the period from the member's
initial membership in the fund to the date payment is made by
the member.
However, a member is entitled to purchase service credit under this
subsection only to the extent that service credit is not granted for that
time under another provision of this section. At least ten (10) years of
service in Indiana is required before a member may receive a benefit
based on service credits purchased under this section. A member who
terminates employment before satisfying the eligibility requirements
necessary to receive a monthly allowance or receives a monthly
allowance for the same service from another tax supported public
employee retirement plan other than under the federal Social Security
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Act may withdraw the purchase amount plus accumulated interest after
submitting a properly completed application for a refund to the fund.
(k) The following apply to the purchase of service credit under
subsection (j):
(1) The board may allow a member to make periodic payments of
the contributions required for the purchase of the service credit.
The board shall determine the length of the period during which
the payments must be made.
(2) The board may deny an application for the purchase of service
credit if the purchase would exceed the limitations under Section
415 of the Internal Revenue Code.
(3) A member may not claim the service credit for purposes of
determining eligibility or computing benefits unless the member
has made all payments required for the purchase of the service
credit.
(l) This subsection applies to a member who retires after June 30,
2006. A member may not receive credit under this section for service
for which the member receives service credit under the terms of a
military or another governmental retirement plan.
SECTION 11. IC 6-3-2-4, AS AMENDED BY HEA 1280-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) Each taxable year, an individual, or the
individual's surviving spouse, is entitled to the following:
(1) An adjusted gross income tax deduction for the first five
thousand dollars ($5,000) of income, excluding adjusted gross
income described in subdivision (2), received during the taxable
year by the individual, or the individual's surviving spouse, for the
individual's service in an active or reserve component of the
armed forces of the United States, including the United States
Army, United States Navy, United States Air Force, United
States Space Force, United States Coast Guard, United States
Marine Corps, Merchant Marine, Indiana Army National Guard,
or Indiana Air National Guard, or the United States Public Health
Service Commissioned Corps or the National Oceanic and
Atmospheric Administration Commissioned Officer Corps.
(2) An adjusted gross income tax deduction for income from
retirement or survivor's benefits received during the taxable year
by the individual, or the individual's surviving spouse, for the
individual's service in an active or reserve component of the
armed forces of the United States, including the United States
Army, United States Navy, United States Air Force, United
States Space Force, United States Coast Guard, United States
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Marine Corps, Merchant Marine, Indiana Army National Guard,
or Indiana Air National Guard, or the United States Public Health
Service Commissioned Corps or the National Oceanic and
Atmospheric Administration Commissioned Officer Corps. The
amount of the deduction is the lesser of:
(A) the benefits included in the adjusted gross income of the
individual or the individual's surviving spouse; or
(B) six thousand two hundred fifty dollars ($6,250) plus the
following:
(i) For taxable years beginning in 2019, twenty-five percent
(25%) of the amount of the benefits in excess of six
thousand two hundred fifty dollars ($6,250).
(ii) For taxable years beginning in 2020, fifty percent (50%)
of the amount of the benefits in excess of six thousand two
hundred fifty dollars ($6,250).
(iii) For taxable years beginning in 2021, seventy-five
percent (75%) of the amount of the benefits in excess of six
thousand two hundred fifty dollars ($6,250).
(iv) For taxable years beginning after 2021, one hundred
percent (100%) of the amount of the benefits in excess of six
thousand two hundred fifty dollars ($6,250).
(b) An individual whose qualified military income is subtracted
from the individual's federal adjusted gross income under
IC 6-3-1-3.5(a)(18) for Indiana individual income tax purposes is not,
for that taxable year, entitled to a deduction under this section for the
same qualified military income that is deducted under
IC 6-3-1-3.5(a)(18).
SECTION 12. IC 8-22-2-1, AS AMENDED BY HEA 1196-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) Whenever the fiscal body of an eligible
entity adopts an ordinance or a resolution in favor of the acquisition,
improvement, operation, or maintenance of an airport or landing field
for the entity under this chapter, and declaring a necessity for the
airport or landing field, then on the effective date of the ordinance or
resolution, there is established as an executive department of the entity
a department of aviation, under the control of a board to be known as
the board of aviation commissioners.
(b) The following apply to a board of aviation commissioners
established under this chapter:
(1) Except as provided in subsections (e), (f), and (g), the board
consists of four (4) members.
(2) Except as provided in subsection (e), the executive of the
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entity shall appoint the members of the board.
(3) Except as provided in subsections (f), (g), and (h), not more
than two (2) of the members of the board may be of the same
political party.
(c) The fiscal body of the entity may provide a per diem for the
members of the board in any amount not exceeding thirty-five dollars
($35) for each whole or part day a member is engaged in board
activities. The members of the board shall also be paid their actual
expenses, which may include the expenses of the members or
employees of the board in attending meetings or conventions held to
discuss aviation matters.
(d) Before beginning the duties of office, each board member shall
take and subscribe the usual oath of office, to be endorsed upon the
certificate of appointment, and shall cause that to be filed with the clerk
or other officer performing duties similar to that of clerk in the entity.
Any person who does not file the oath with the clerk or other officer
performing duties similar to that of the clerk within thirty (30) days
after the beginning of the term for which the person has been
appointed, or at the date of the person's appointment, if appointed after
the beginning of the term, is considered to have refused to serve and
the office becomes vacant.
(e) Notwithstanding subsection (b), if a county having a population
of more than two hundred fifty thousand (250,000) and less than three
hundred thousand (300,000) has established a board, the county
council and the mayors of the two (2) cities in the county having the
largest populations may each appoint one (1) additional member to the
board, thereby creating a board consisting of a total of seven (7)
members. The three (3) additional members serve in the same manner,
are accorded the same status, and perform the same duties as the four
(4) initial board members, and serve terms of four (4) years. If either
the county council or either of the two (2) mayors fails to make
appointments to the board, that fact does not prejudice appointments
that may be made by the other appointing authority or authorities.
(f) This subsection applies to the following:
(1) A county having a population of more than one hundred
twenty thousand (120,000) and less than one hundred thirty
thousand (130,000).
(2) A county having a population of more than thirty-six thousand
seven hundred (36,700) and less than thirty-seven thousand
(37,000).
Notwithstanding subsection (b), if a county has established a board
under this chapter, the county executive may add one (1) additional
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member to the board so that the board has a total of five (5) members.
Not more than three (3) of the five (5) members of the board may be of
the same political party. The one (1) additional member shall serve in
the same manner, be accorded the same status, and perform the same
duties as the four (4) initial members, and serve a four (4) year term.
(g) This subsection does not apply to a board subject to subsection
(e) or (f). Notwithstanding subsection (b), the fiscal body of an eligible
entity may adopt an ordinance or a resolution providing that the board
consists of five (5) members. If the board consists of five (5) members,
not more than three (3) members may be of the same political party.
(h) The requirements in this section that not more than a certain
number of members of a board of aviation commissioners may be of
the same political party do not apply to:
(1) an eligible entity with a population of less than thirty-eight
thousand (38,000); and
(2) a county having a population of more than three hundred
thousand (300,000) and less than three hundred fifty thousand
(350,000).
SECTION 13. IC 8-22-3-3.9, AS ADDED BY HEA 1196-2025,
SECTION 2, IS AMENDED AS FOLLOWS [EFFECTIVE JULY 1,
2025]: Sec. 3.9. The requirements in sections 4 and 4.3 of this chapter
that an eligible entity may not appoint more than a certain number of
members of a board of the same political party do not apply to:
(1) an eligible entity with a population of less than thirty-eight
thousand (38,000); and
(2) a county having a population of more than three hundred
thousand (300,000) and less than three hundred fifty thousand
(350,000).
SECTION 14. IC 9-13-2-5.3, AS ADDED BY P.L.198-2016,
SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2026]: Sec. 5.3. "Armed forces of the United States"
means the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Space Force.
(5) (6) The United States Coast Guard.
SECTION 15. IC 9-18.5-4-1, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as provided in
subsection (b), the bureau shall issue license plates for a vehicle that
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designate the vehicle as being owned or leased by a recipient of the
Medal of Honor or former prisoner of war.
(b) The bureau may issue one (1) or more Medal of Honor or
former prisoner of war license plates to the surviving spouse of a
recipient of the Medal of Honor or a former prisoner of war.
SECTION 16. IC 9-18.5-4-2, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2. (a) A Medal of Honor license
plate must display the following:
(1) An identification number.
(2) The branch of service that awarded the Medal of Honor
denoted at the bottom of the license plate followed by the
words "Medal of Honor".
(3) An image of the Medal of Honor for the applicable branch
of service to the left of the identification number.
(b) A former prisoner of war license plate must display the
following:
(1) An identification number.
(2) The legend "Ex-POW".
(3) Any other information and design selected by the bureau.
SECTION 17. IC 9-18.5-4-3, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3. A Medal of Honor or former
prisoner of war license plate may only be:
(1) assigned to; and
(2) displayed on;
a vehicle registered under IC 9-18 (before its expiration) or IC 9-18.1.
SECTION 18. IC 9-18.5-4-4, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4. (a) An individual who has been
issued under this chapter a license plate designating the individual's
vehicle as being owned or leased by a recipient of the Medal of
Honor or former prisoner of war may not be:
(1) charged a fee for parking the vehicle displaying the license
plate in a metered space; or
(2) assessed a penalty for parking the vehicle displaying the
license plate in a metered space for longer than the time
permitted.
(b) This section does not authorize parking of a vehicle in a parking
place during a time when parking in the space is prohibited if the
prohibition is:
(1) posted; and
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(2) authorized:
(A) by ordinance in a city or town; or
(B) by order of the Indiana department of transportation.
(c) An individual other than the owner or lessee of a vehicle
displaying a Medal of Honor or former prisoner of war license plate
authorized by this chapter is not entitled to the parking privileges
established by this section.
SECTION 19. IC 9-18.5-7-3, AS AMENDED BY P.L.79-2020,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) An Indiana resident who is a current or
former member of the Army or Air National Guard may apply for and
receive one (1) or more license plates under this chapter.
(b) An individual applying for a National Guard license plate under
this chapter as a current member of the National Guard must
demonstrate the individual's status as a current member of the Army or
Air National Guard by presenting the following with the individual's
application:
(1) A current United States armed forces identification card.
(2) A letter signed by the individual's commanding officer
identifying the individual as a current active member.
(c) An individual applying for a National Guard license plate under
this chapter as a former member of the National Guard must present
with the individual's application a copy of the individual's:
(1) National Guard Bureau Form 22 or 22A showing the
individual received an honorable or general under honorable
conditions discharge; a discharge under conditions other than
conditions set forth in IC 10-17-12-7.5(2); or
(2) National Guard Bureau Form 23D or 23E showing the
individual as retired;
as proof of the individual's status as a former member of the Army or
Air National Guard.
SECTION 20. IC 10-16-6-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 9. An enlisted person
who is discharged from service in the Indiana National Guard shall
receive a discharge in writing in the form and with the classification
prescribed by national guard regulations. In time of peace, a discharge
may be given before the expiration of an enlistment term in the
following cases:
(1) By sentence of a general court-martial.
(2) By direction of the governor on account of disability.
(3) On account of sentence of imprisonment by a civil court,
whether suspended or not.
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(4) On account of a bona fide permanent change of residence to
another state.
(5) For the purpose of enlisting in the:
(A) United States Army;
(B) United States Air Force;
(C) United States Navy; or
(D) United States Marine Corps; or
(E) United States Space Force.
(6) For other causes prescribed by national guard regulations or
the commander in chief.
However, an enlisted person who has not returned or accounted for all
of the public property for which the enlisted person is responsible may
not receive an honorable discharge.
SECTION 21. IC 10-16-6-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) A
commissioned officer:
(1) who serves in the Indiana national guard for at least five (5)
years; or
(2) who becomes permanently disabled from performing the
officer's duties, irrespective of length of service;
may, upon honorable retirement from the military service under
conditions other than conditions set forth in IC 10-17-12-7.5(2),
whether by resignation or otherwise, and upon application to the
adjutant general, be carried upon a roll to be established and
maintained in the office of the adjutant general. The roll shall be
designated the Indiana national guard retired list.
(b) The commissioned officer may wear, on occasion of ceremony,
the uniform of the highest rank held by the officer.
(c) An officer carried on the Indiana national guard retired list, if
qualified, is eligible for detail or appointment on the general staff or the
staff of any commander when not physically disqualified for military
duty. However, if an officer carried on the Indiana national guard
retired list is appointed to a staff position as described in this section,
the officer shall be recommissioned in the rank to which the officer has
been appointed. The officer shall hold this rank during the time of the
staff appointment unless the officer is promoted to a higher rank.
(d) If the officer retires for a second time from active service, the
officer shall be entered on the Indiana national guard retired list with
the officer's highest rank.
(e) An officer whose name appears on the national guard retired list
is not entitled to receive any military pay or emolument from the state
during the time the officer remains on the national guard retired list
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unless the officer is specifically assigned to duty on orders from the
governor. If the officer is assigned to duty on orders from the governor,
the officer is entitled only to the military pay and allowance provided
by law for officers of the rank to which appointed.
SECTION 22. IC 10-16-20-2, AS AMENDED BY P.L.99-2016,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. The following definitions apply throughout this
chapter:
(1) "Military service" means:
(A) in the case of a servicemember who is a member or
reserve member of the United States Army, United States
Navy, United States Air Force, United States Marine Corps,
United States Space Force, or United States Coast Guard,
full-time duty in the active military service, of the United
States, including:
(i) full-time training duty;
(ii) annual training duty; and
(iii) attendance while at a school designated as a service
school by federal law or by the secretary of the military
department concerned;
(B) in the case of a member or reserve member of the Indiana
National Guard, service under a call to active:
(i) service authorized by the President of the United States
or the Secretary of Defense for a period of more than thirty
(30) days in response to a national emergency declared by
the President of the United States; or
(ii) duty as defined by IC 10-16-7-23(a) for a period of more
than thirty (30) consecutive days;
(C) in the case of a servicemember who is a commissioned
officer of the Public Health Service or the National Oceanic
and Atmospheric Administration, active service;
(D) in the case of a member or reserve member of the national
guard of another state, service under an order by the governor
of that state to active duty for a period of more than thirty (30)
consecutive days; or
(E) any period during which a servicemember is absent from
duty on account of sickness, wounds, leave, or other lawful
cause.
(2) "Servicemember" means an individual engaged in military
service.
SECTION 23. IC 10-17-1-9, AS AMENDED BY SEA 433-2025,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2025]: Sec. 9. (a) Subject to subsection (h), a county executive
shall employ a service officer and may employ service officer assistants
to serve the veterans of the county. However, with the approval of the
commission, two (2) or more counties may enter into an agreement to
employ a service officer if each county demonstrates to the commission
that the workload does not justify each county employing a separate
county service officer.
(b) Subject to subsection (h), the mayor of a city may employ a
service officer and may employ service officer assistants to serve the
veterans of the city.
(c) The service officer shall:
(1) be:
(A) an honorably discharged a veteran who received a
discharge from military service under conditions other
than conditions set forth in IC 10-17-12-7.5(2) and who has
at least six (6) months of active service in the armed forces of
the United States; or
(B) a service officer assistant with not less than two (2) years
of experience; and
(2) be a resident of Indiana or become a resident of Indiana not
more than six (6) months after the service officer's start date.
(d) A service officer assistant must be a resident of Indiana or
become a resident of Indiana not later than six (6) months after the
service officer assistant's start date and:
(1) satisfy the requirements specified in subsection (c)(1); or
(2) be the spouse, surviving spouse, parent, or child of a person
who satisfies the requirements specified in subsection (c)(1).
(e) A rule contrary to subsection (c) or (d) is void.
(f) County and city fiscal bodies may appropriate funds necessary
for the purposes described in this section.
(g) Every county or city official and department of the county or
city shall cooperate with the service officer and shall provide the
service officer with information necessary in connection with the
performance of the service officer's duties. Nothing in this subsection
shall be construed to require a county or city to share information that
is otherwise considered confidential in accordance with law.
(h) After June 30, 2026, a service officer must be accredited by the
department in order to provide service to veterans on behalf of the
county or city.
SECTION 24. IC 10-17-2-2, AS AMENDED BY P.L.42-2020,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. A book providing for the recording of
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discharges from the United States Army, United States Navy, or any
other branch of the service must consist of printed forms in blank,
similar to and in conformity with the wording of the forms of discharge
used by the United States government, the size of type being reduced
to permit the printing of the form of the discharge on one (1) page of
the record. Each book must be provided with an alphabetical index.
The standards imposed by this section apply to the preservation of
discharges in an electronic format under section 1(a)(2) of this chapter.
SECTION 25. IC 10-17-9-0.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 0.9. As used in this chapter,
"uniformed services" means the following:
(1) The United States Army.
(2) The United States Air Force.
(3) The United States Navy.
(4) The United States Marine Corps.
(5) The United States Space Force.
(6) The United States Coast Guard.
(7) The commissioned corps of the National Oceanic and
Atmospheric Administration.
(8) The commissioned corps of the Public Health Service.
SECTION 26. IC 10-17-9-5, AS AMENDED BY P.L.21-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. The superintendent may not appoint or employ
a person in an office or a place in the Indiana Veterans' Home because
of the political views or affiliation of the appointee or employee or for
a reason other than capacity and fitness for the duties to be performed
by the appointee or employee. However, among applicants for
appointment found capable and fit, preference shall be given to an
honorably discharged a military veteran who received a discharge
from military service under conditions other than conditions set
forth in IC 10-17-12-7.5(2) and the spouse, widow, widower, mother,
and child of an honorably discharged a military veteran who received
a discharge from military service under conditions other than
conditions set forth in IC 10-17-12-7.5(2).
SECTION 27. IC 10-17-9-7, AS AMENDED BY P.L.113-2010,
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) As used in this section, "eligible person"
refers to either of the following:
(1) An honorably discharged member of the armed forces. A
member of the uniformed services who was discharged from
the uniformed services under conditions other than conditions
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set forth in IC 10-17-12-7.5(2).
(2) The spouse or surviving spouse of an honorably discharged
member of the armed forces. a member of the uniformed
services who was discharged from the uniformed services
under conditions other than conditions set forth in
IC 10-17-12-7.5(2).
(b) An eligible person who has a disability or is destitute is eligible
for admission to the home if:
(1) the eligible person has been is a resident of Indiana for at least
one (1) year immediately preceding application for or establishes
residency in Indiana not later than six (6) months after
admission to the home; or
(2) in the case of an eligible person referred to in subsection
(a)(1), the eligible person was a resident of Indiana when the
eligible person enlisted in the armed forces. uniformed services.
(c) The Indiana department of veterans' affairs shall adopt rules
concerning admission to the home.
(d) In adopting rules governing the admission, maintenance, and
discharge of members of the home, the Indiana department of veterans'
affairs may establish a fund called the veterans' home comfort and
welfare fund. The director shall deposit all money collected from the
members for the cost of their care and maintenance in the fund. The
director shall expend this money in any manner that adds to the comfort
and welfare of the members of the institutions.
(e) A part of the veterans' home comfort and welfare fund may be
withdrawn and deposited in a special fund called the veterans' home
building fund. The veterans' home building fund shall be used for the
construction, maintenance, remodeling, or repair of buildings of the
home.
(f) Preference under this section may be given to a person who
served in an Indiana military organization. Except in cases where the
surviving spouse of a veteran marries another veteran, the benefits of
this chapter extend only to a surviving spouse and the spouse of a
veteran if the contract of marriage was entered into more than five (5)
years before the date of death of the veteran. Except as otherwise
provided by law, upon the death of a person in the home, money paid
to the person or due to the person from a bank, a trust company, a
corporation, or an individual becomes an asset of the person's estate
and shall be distributed in the manner prescribed by the probate law of
the state.
SECTION 28. IC 10-17-10-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2025]: Sec. 0.5. As used in this chapter,
"armed forces of the United States" means the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Space Force.
(6) The United States Coast Guard.
SECTION 29. IC 10-17-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. If:
(1) a person:
(A) has served as a member of the armed forces of the United
States as a soldier, sailor, or marine in the army, air force, or
navy of the United States or as a member of the women's
components of the army, air force, or navy of the United
States, is a resident of Indiana, and dies while a member of the
armed forces and before discharge from the armed forces or
after receiving an honorable discharge from the armed forces;
or
(B) is the spouse or surviving spouse of a person described in
clause (A) and is a resident of Indiana; and
(2) a claim is filed for a burial allowance:
(A) by an interested person with the board of commissioners
of the county of the residence of the deceased person; and
(B) stating the fact:
(a) In order for an interested person to qualify for an allowance
under this chapter:
(1) the decedent must have been an Indiana resident at the
time of death and must have:
(A) received a discharge from the armed forces of the
United States under conditions other than conditions set
forth in IC 10-17-12-7.5(2); or
(B) died while serving in the armed forces of the United
States; or
(2) the decedent must have been the spouse or surviving
spouse of a person described in subdivision (1)(A) or (1)(B)
and must have been an Indiana resident at the time of death.
(b) An interested person must file a claim for an allowance
under this chapter with the board of commissioners in the county
of residence of the decedent described in subsection (a). The claim
must include:
(i) (1) the fact of the service, death, and discharge if discharged
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from service before death; and
(ii) (2) that the body has been buried in a decent and respectable
manner in a cemetery or burial ground or that the body has been
cremated and the cremains have not been interred.
(c) The board of commissioners shall hear and determine the claim
like other claims and, if the facts averred are found to be true, shall
allow the claim in an amount set by ordinance. However, the amount
of the allowance may not be more than one thousand dollars ($1,000).
SECTION 30. IC 10-17-10-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. Before a person
enters into a contract to set a grave marker provided by the federal
government for the grave of a person described in section 1(1) 1(a) of
this chapter with a person who receives the grave marker from the
federal government or the person's representative, the person who will
set the grave marker must disclose the following information to the
person who receives the grave marker or the person's representative:
(1) The price of the least expensive installation procedure that the
person who will set the grave marker will charge and a
description of the goods and services included in the procedure.
(2) The prices of any other installation procedures or options that
may be performed or provided by the person who will set the
grave marker and a description of the goods and services included
in the procedures or options.
SECTION 31. IC 10-17-11-10, AS AMENDED BY P.L.61-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) A veteran who is eligible to be buried in
a national cemetery according to 38 U.S.C. 2402 is eligible to be buried
in the Indiana state veterans' cemetery established under by this
chapter.
(b) The spouse of a veteran who is eligible to be buried in a national
cemetery according to 38 U.S.C. 2402 is eligible to be buried in the
Indiana state veterans' cemetery established under by this chapter.
(c) An individual who is a member of:
(1) a reserve component of the armed forces of the United States:
(A) who was discharged or released from service under
conditions other than dishonorable; or
(B) whose death occurs under conditions other than
dishonorable while a member of a reserve component of the
armed forces of the United States;
(2) the Indiana Army National Guard or the Indiana Air National
Guard:
(A) who was discharged or released from service under
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conditions other than dishonorable; or
(B) whose death occurs under conditions other than
dishonorable while a member of the Indiana Army National
Guard or the Indiana Air National Guard; or
(3) the Reserve Officers' Training Corps of the United States
Army, United States Navy, or United States Air Force whose
death occurs under conditions other than dishonorable while a
member of the Reserve Officers' Training Corps of the United
States Army, United States Navy, or United States Air Force;
is eligible to be buried in the Indiana state veterans' cemetery
established by this chapter.
(d) The following relatives of an individual described in subsection
(c) are eligible to be buried in the Indiana state veterans' cemetery
established by this chapter:
(1) A spouse.
(2) A minor child.
(3) An unmarried adult child.
SECTION 32. IC 10-17-12-2, AS AMENDED BY P.L.50-2009,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. As used in this chapter, "armed forces" includes
the active or reserve components of the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Marine Corps.
(4) The United States Air Force.
(5) The United States Space Force.
(5) (6) The United States Coast Guard.
SECTION 33. IC 10-17-12-7.5, AS AMENDED BY P.L.53-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7.5. (a) As used in this chapter, "qualified service
member" means, before the commission's issuance of the disallowable
separation codes list for each branch of the armed forces described in
section 10.5 of this chapter, an individual who is an Indiana resident
and who:
(1) is:
(A) a member of the armed forces of the United States or the
national guard (as defined in IC 5-9-4-4); and
(B) serving on or has served on active duty during a time of
national conflict or war; or
(2) has:
(A) served on active duty during a time of national conflict or
war in:
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(i) the armed forces of the United States; or
(ii) the national guard (as defined in IC 5-9-4-4); and
(B) been discharged from the armed forces of the United
States or the national guard under honorable conditions.
(b) As used in this chapter, "qualified service member" means after
the commission's issuance of the disallowable separation codes list for
each branch of the armed forces described in section 10.5 of this
chapter, an individual who is an Indiana resident and who:
(1) is serving on active duty in:
(A) the armed forces of the United States; or
(B) the national guard (as defined in IC 5-9-4-4); or
(2) has served in or been discharged from the armed forces of the
United States or the national guard under conditions other than
the following:
(A) Discharge by court martial.
(B) Acceptance of a discharge to avoid a court martial.
(C) Discharge for having committed any of the following:
(i) An offense against the security of the United States,
including spying, mutiny, or treason.
(ii) An act of willful or persistent misconduct, including
desertion.
(iii) A sexual or violent offense against another person,
including molestation, rape, or assault.
(iv) An act described on the list of disallowable separation
codes adopted under section 10.5 of this chapter.
SECTION 34. IC 10-17-13.5-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1.5. As used in this chapter,
"eligible person" means an individual residing in Indiana who is:
(1) a dependent of a veteran;
(2) a primary caregiver of a veteran; or
(3) an individual who is a member of the armed forces of the
United States or national guard.
SECTION 35. IC 10-17-13.5-1.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1.7. As used in this chapter,
"primary caregiver" means an individual who:
(1) is at least eighteen (18) years of age;
(2) is:
(A) the veteran's:
(i) spouse;
(ii) parent or stepparent;
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(iii) son, daughter, stepson, or stepdaughter;
(iv) brother, sister, stepbrother, or stepsister;
(v) niece or nephew;
(vi) aunt or uncle;
(vii) daughter-in-law or son-in-law; or
(viii) grandparent; or
(B) currently residing with the veteran on a full-time basis;
and
(3) provides care for the veteran, including:
(A) personal care services;
(B) essential household services; or
(C) everyday basic care.
SECTION 36. IC 10-17-13.5-3, AS ADDED BY P.L.217-2017,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. As used in this chapter, "veteran" means an
individual residing in Indiana who:
(1) has served in any branch of the armed forces of the United
States or their reserves, in the national guard, or in the Indiana
National Guard; and
(2) has received a discharge from service under honorable
conditions. received a discharge from military service under
conditions other than conditions set forth in
IC 10-17-12-7.5(2).
SECTION 37. IC 10-17-13.5-4, AS AMENDED BY P.L.61-2023,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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.
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(b) The department may make grants to the provider chosen by the
Indiana department of health under section 6 of this chapter 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. 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. 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.
SECTION 38. IC 10-18-9-1, AS ADDED BY P.L.38-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. As used in this chapter, "armed forces of the
United States" means the:
(1) the United States Army;
(2) the United States Navy;
(3) the United States Air Force;
(4) United States Space Force;
(4) (5) the United States Coast Guard; and
(5) (6) the United States Marine Corps.
SECTION 39. IC 10-19-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 3.5. Office of School Safety
Sec. 1. As used in this chapter, "director" refers to the director
of the office of school safety appointed under section 5 of this
chapter.
Sec. 2. As used in this chapter, "office" refers to the office of
school safety established by section 4 of this chapter.
Sec. 3. As used in this chapter, "physical security" refers to
security measures that are designed to deny unauthorized access
to a building or facility, including equipment and resources, and to
protect individuals and property from damage or harm.
Sec. 4. The office of school safety is established as an office
within the department of homeland security for the purpose of
coordinating and administering school safety resources.
Sec. 5. The executive director shall appoint a director of the
office. The director shall do the following:
(1) Serve as the executive head of the office.
(2) Advise executive state agencies and political subdivisions
regarding state best practices concerning matters relating to
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school safety.
(3) Oversee the duties of the office and coordinate school
safety resources in consultation with other state agencies and
provide leadership regarding school safety matters.
Sec. 6. (a) The office shall:
(1) establish and maintain guidelines for using professional
architectural and engineering services to integrate physical
security improvements and safety practices in the
construction, renovation, repair, or alteration of a school
facility;
(2) carry out the office's responsibilities with regards to the
school safety specialist training and certification program
established by IC 10-21-1-13;
(3) establish and maintain guidelines for establishing
emergency response protocols in cooperation with other state
agencies;
(4) carry out the office's responsibilities to safe school
committees established under IC 10-21-1-14;
(5) coordinate the department's response and recovery
assistance to a school in the event of a manmade or natural
disaster;
(6) provide information and guidance to assist school
corporations or schools to establish mutual aid disaster
assistance agreements with other schools or school
corporations;
(7) study and collect information to integrate lessons learned
from previous school disasters throughout the country into
the curriculum of the school safety specialist training and
certification program established by IC 10-21-1-13 and
guidelines established by the office under this subsection;
(8) establish and maintain guidelines, in consultation with the
department of education and institute for criminal justice, for
developing and maintaining school safety plans as described
in IC 10-21-1-10 and IC 10-21-1-11; and
(9) assist the secured school safety board established by
IC 10-21-1-3 in conducting the review and submitting the
report as described in IC 10-21-1-8.
(b) The office may:
(1) request a meeting with a school corporation or charter
school to review a school safety plan as described in
IC 10-21-1-10;
(2) request to provide an onsite safety review for a school
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corporation or charter school;
(3) request to provide guidance or assistance relating to school
safety matters to a school corporation or charter school;
(4) provide assistance or guidance relating to school safety
matters upon request by a nonpublic school that has
voluntarily become accredited under IC 20-31-4.1 or is
accredited by a national or regional accrediting agency that
is recognized by the state board of education; and
(5) provide assistance or guidance relating to school safety
matters upon request by a county school safety commission
established under IC 10-21-1-12.
The applicable school corporation or charter school must comply
with any requests made by the office under this subsection.
(c) The office shall maintain a secure website to provide school
officials and public safety officials access to information that is
considered confidential under IC 5-14-3-4(b)(1), IC 5-14-3-4(b)(18),
and IC 5-14-3-4(b)(19) or other sensitive information that may
assist school officials and public safety officials in improving school
safety or responding to a manmade or natural disaster.
(d) The office shall maintain a public website that contains:
(1) the guidelines established by the office under subsection
(a);
(2) best practices pertaining to school safety; and
(3) any other information the office determines may be
necessary to carry out the office's duties or responsibilities
under this chapter.
SECTION 40. IC 10-19-7-3, AS AMENDED BY P.L.56-2023,
SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) The state fire marshal appointed under
IC 22-14-2-2 shall manage the department's administration of the
following:
(1) IC 16-31.
(2) (1) IC 22-11.
(3) (2) IC 22-12.
(4) (3) IC 22-13.
(5) (4) IC 22-14.
(6) (5) IC 22-15.
(b) In carrying out the duties under subsection (a), the state fire
marshal shall do the following:
(1) Provide department staff to support the fire prevention and
building safety commission established by IC 22-12-2-1.
(2) Partner with state agencies, including the Indiana department
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of health and state educational institutions, to develop public
safety education and outreach programs.
(c) The state fire marshal may not exercise any powers or perform
any duties specifically assigned to either of the following:
(1) The fire prevention and building safety commission.
(2) The state building commissioner.
(d) The state fire marshal may delegate the state fire marshal's
authority to the appropriate department staff.
SECTION 41. IC 10-21-1-3, AS AMENDED BY P.L.43-2021,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) The secured school safety board is
established to approve or disapprove applications for matching grants
to fund programs described in section 2(a)(1) of this chapter and grants
described in section 2(a)(2) of this chapter to fund the initial set up
costs for an active event warning system.
(b) The board consists of seven (7) eleven (11) members appointed
as follows:
(1) The executive director of the department of homeland security
or the executive director's designee. The executive director of the
department of homeland security or the executive director's
designee serves as the chairperson of the board.
(2) The attorney general or the attorney general's designee.
(3) The superintendent of the state police department or the
superintendent's designee.
(4) A local law enforcement officer appointed by the governor.
(5) The secretary of education or the secretary's designee.
(6) The director of the criminal justice institute or the director's
designee.
(7) An employee of a local school corporation or a charter school
appointed by the governor.
(8) An employee of a charter school appointed by the
governor.
(9) A school resource officer appointed by the governor.
(10) An emergency medical responder appointed by the
governor.
(11) A firefighter appointed by the governor.
(c) The board shall establish criteria to be used in evaluating
applications for grants from the fund. These criteria must:
(1) be consistent with the fund's goals; and
(2) provide for an equitable distribution of grants to school
corporations, charter schools, and accredited nonpublic schools
located throughout Indiana.
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SECTION 42. IC 10-21-1-10, AS AMENDED BY P.L.135-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) A school corporation shall develop a
school safety plan in accordance with subsection (c) for review as
described in section 11 of this chapter.
(b) Each charter school shall develop a school safety plan in
accordance with subsection (c) for review as described in section 11 of
this chapter. A charter school in operation on July 1, 2023, shall
comply with this subsection on or before July 1, 2024.
(c) The school safety plan:
(1) must be developed by a school safety specialist and the
school's safe school committee, including a school resource
officer if one (1) is employed by the school corporation or charter
school, in consultation with the:
(A) law enforcement agency; and
(B) fire department;
that have jurisdiction over the particular school building;
(2) must:
(A) protect against 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 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;
(B) prevent unauthorized access to school property and
interior areas or rooms, including the management of
authorized visitors on school property, before, during, and
after regular school hours;
(C) secure schools against natural and manmade disasters,
including all emergency preparedness drill requirements set
forth in IC 20-34-3-20;
(D) establish an armed intruder drill protocol that:
(i) provides accommodations for students who have mobility
restrictions, sensory needs, or auditory or visual limitations;
(ii) emphasizes the practical nature of the drill;
(iii) provides access to mental health services on school
grounds following the conclusion of a drill;
(iv) provides advance notice of a drill to parents or legal
guardians of students who attend the school; and
(v) provides alternative exercises for students who are
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unable to participate in a drill;
(E) include a site vulnerability assessment for each school
building;
(F) not later than July 1, 2025, include the establishment of a
multi-disciplinary threat assessment team;
(G) include measures to expedite notification of first
responders and access to school property for first responders;
and
(H) include any additional requirements required by the
Indiana state board of education;
(3) must be provided to a member of the board if a member
requests the school safety plan;
(4) must be available for inspection by the department of
education's division of school building physical security and
safety (as established by IC 20-19-3-14); department's office of
school safety (as established by IC 10-19-3.5-4);
(5) must be provided to the law enforcement agency and the fire
department that have jurisdiction over the school corporation or
charter school;
(6) must include an attestation that:
(A) a copy of the floor plans for each building located on the
school's property were provided to the law enforcement agency
and the fire department that have jurisdiction over the school
corporation or charter school that clearly indicates each
entrance and exit, the interior rooms and hallways, and the
location of any hazardous materials located in the building; or
(B) the school corporation or charter school has conducted
critical incidence digital mapping for each school building
within the school corporation or the buildings that are operated
by a charter school, including providing the critical incidence
digital mapping information to:
(i) the law enforcement agency and fire department that
have jurisdiction over the mapped school buildings; and
(ii) the statewide 911 system described in IC 36-8-16.7-22
through the public safety answer point, or "PSAP",
described in IC 36-8-16.7-20 that has jurisdiction over the
mapped school buildings; and
(7) must be filed with the county school safety commission under
section 12 of this chapter having jurisdiction over the school
corporation or charter school.
(d) For purposes of IC 5-14-3, the entities specified in subsection (c)
that receive information under this section shall keep the information
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compiled and retained under this section confidential and shall
withhold the information from public disclosure.
SECTION 43. IC 10-21-1-13, AS ADDED BY P.L.150-2023,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. (a) The school safety specialist training and
certification program is established. The program shall be
administered by the office of school safety (as established by
IC 10-19-3.5-4).
(b) The school safety specialist training and certification program
shall provide:
(1) annual training sessions, which may be conducted through
distance learning or at regional centers; and
(2) information concerning best practices and available resources;
for school safety specialists and county school safety commissions.
(c) The department of education, office of school safety (as
established by IC 10-19-3.5-4) in consultation with the board and the
department of education, shall do the following:
(1) Assemble an advisory group of school safety specialists from
around the state to make recommendations concerning the
curriculum and standards for school safety specialist training.
(2) Develop an appropriate curriculum and the standards for the
school safety specialist training and certification program. The
department of education office of school safety may consult with
national school safety experts in developing the curriculum and
standards. The curriculum developed under this subdivision must
include training in:
(A) identifying, preventing, and intervening in bullying and
cyberbullying;
(B) identifying, preventing, and intervening in criminal
organization activity;
(C) identifying, preventing, and intervening in actions by a
person who is present on school property with the intent to
harm another person;
(D) developing and implementing a school safety plan in
accordance with this chapter;
(E) using a county school safety commission to improve
school safety and emergency preparedness; and
(F) using safe school committees to improve safety and
emergency preparedness for each school building.
(3) Administer the school safety specialist training and
certification program, including the following duties:
(A) Establish a school safety specialist certificate for
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candidates eligible under section 9 of this chapter who have
successfully completed the training program.
(B) Review the qualifications of each candidate, determine
their eligibility for certification, and present a certificate to
each school safety specialist eligible for certification.
SECTION 44. IC 10-21-1-14, AS AMENDED BY P.L.135-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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
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
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(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 45. IC 10-21-1-15, AS ADDED BY P.L.150-2023,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 15. An accredited nonpublic school may do one
(1) or more of the following:
(1) Designate one (1) or more individuals to obtain school safety
specialist certification under section 13 of this chapter to perform
school safety specialist duties under this chapter.
(2) Establish a school safety plan in accordance with section 10
of this chapter.
(3) Establish a safe school committee.
(4) Submit a school safety plan to the county school safety
commission having jurisdiction over the accredited nonpublic
school.
(5) Request to join the county school safety commission having
jurisdiction over the accredited nonpublic school or be
represented by another accredited nonpublic school's school
safety specialist on the same commission.
(6) Request general guidance relating to school safety matters
from one (1) or more of the following:
(A) The board.
(B) The department of education.
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(C) The department of homeland security. office of school
safety (as established by IC 10-19-3.5-4).
(D) The county school safety commission having jurisdiction
over the accredited nonpublic school.
SECTION 46. IC 10-21-1-16, AS ADDED BY P.L.218-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 16. (a) A school corporation, charter school, or
accredited nonpublic school may apply to the department board for a
grant from the fund to:
(1) increase school safety by:
(A) helping teachers, school staff, and school employees
acquire specialized firearms instruction as described in
IC 10-21-3; and
(B) defraying tuition related expenses for teachers, school
staff, and school employees who wish to enroll in the course
of firearms instruction described in IC 10-21-3; or
(2) provide funding in the event of a school shooting to cover the
costs of counseling for students, teachers, school staff, and school
employees.
(b) A school corporation, charter school, or accredited nonpublic
school:
(1) is not subject to the restriction in section 4 of this chapter that
a school corporation, charter school, or accredited nonpublic
school may receive only one (1) matching grant each year; and
(2) may receive an additional matching grant under section 4 of
this chapter for the purposes described in subsection (a).
SECTION 47. IC 10-21-1.5-4, AS ADDED BY P.L.27-2016,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. Not later than July 1, 2017, The department
office of school safety (as established by IC 10-19-3.5-4) shall
establish and maintain guidelines for emergency response systems. The
department office of school safety shall establish emergency response
system guidelines with input from the division of school building
physical security and safety (established by IC 20-19-3-14).
department of education.
SECTION 48. IC 13-17-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Subject to section
3 of this chapter, a person may open burn the following for
maintenance purposes:
(1) Vegetation from:
(A) a farm;
(B) an orchard;
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(C) a nursery;
(D) a tree farm;
(E) a cemetery; or
(F) a drainage ditch.
(2) Vegetation from agricultural land if the open burn occurs in
an unincorporated area.
(3) Wood products derived from pruning or clearing a roadside by
a county highway department.
(4) Wood products derived from the initial clearing of a public
utility right-of-way if the open burn occurs in an unincorporated
area.
(5) Undesirable:
(A) wood structures on real property; or
(B) wood remnants of the demolition of a predominantly
wooden structure originally located on real property;
located in an unincorporated area.
(b) Subject to section 3 of this chapter, the department of
homeland security, a municipal fire department, an airport fire
department, or a volunteer fire department may open burn the
following for fire training purposes:
(1) Propane, straw, clean wood, aviation fuel, or clean wood
pallets.
(2) Wood framing, wood flooring, drywall, and home
furnishings in the department of homeland security's mobile
burn demonstration unit (BDU).
(b) (c) A person who is allowed to open burn under subsection (a)
or (b) is not required to obtain:
(1) a permit; or
(2) any other authorization;
from the department, a unit of local government, or a volunteer fire
department before conducting the open burning.
SECTION 49. IC 13-17-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. All open burning that
is allowed under this chapter must comply with the following
conditions:
(1) A person who open burns any material shall extinguish the fire
if the fire creates a nuisance or fire hazard.
(2) Burning may not be conducted during unfavorable
meteorological conditions such as high winds, temperature
inversions, or air stagnation, except open burning conducted in
accordance with section 1(b)(2) of this chapter.
(3) All fires must be attended at all times during burning until
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completely extinguished.
(4) All asbestos containing materials must be removed before the
burning of a structure.
(5) Asbestos containing materials may not be burned.
(6) Open burning for the purpose of fire training under
section 1(b) of this chapter:
(A) must be conducted at the department of homeland
security's mobile burn demonstration unit (BDU) or at fire
training facilities located on property owned or controlled
by the department of homeland security, a local unit of
government, a municipal fire department, or a volunteer
fire department; and
(B) may not be conducted for disposal purposes.
(6) (7) Except as provided under section 1 of this chapter, all
burning must comply with state and federal laws.
SECTION 50. IC 16-31-3-10, AS AMENDED BY P.L.139-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) Except as provided in subsection (b), to
renew a certificate or license issued under this chapter upon expiration
of the certificate or license for any reason, a person must comply with
any continuing education requirements that have been established by
the commission and complete training meeting standards set forth in
section 2(1)(E) of this chapter. To renew a certificate or license issued
under this chapter after a revocation of the certificate or license, a
person must comply with all the requirements of this chapter that apply
to the original certification or licensure.
(b) A renewal of an emergency medical technician or advanced
emergency medical technician certificate or a paramedic license shall
be issued to an individual who meets the following conditions:
(1) While holding a valid certificate or license, enters the armed
forces of the United States, including the:
(A) the United States Army;
(B) the United States Navy;
(C) the United States Air Force;
(D) the United States Marines; or
(E) the United States Coast Guard; or
(F) United States Space Force;
but excluding the guard and reserve components of those forces.
(2) Is discharged from the armed forces of the United States
within forty-eight (48) months after the individual entered the
armed forces.
(3) Successfully completes, not more than nine (9) months after
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the individual's discharge from the armed forces of the United
States, a refresher course approved by the commission.
(4) Applies for the certificate or license renewal not more than
one (1) year after the individual's discharge from the armed forces
of the United States.
(5) Passes the written and practical skills examinations.
(c) A renewal of an emergency medical technician or advanced
emergency medical technician certificate or a paramedic license must
be issued to an individual who meets the following conditions:
(1) While holding a valid certificate or license, the individual is
called to active military duty as a member of the Indiana National
Guard or a reserve component of the armed forces of the United
States, including the:
(A) the United States Army;
(B) the United States Navy;
(C) the United States Air Force;
(D) the United States Marines; or
(E) the United States Coast Guard.
(2) The individual provides the emergency medical services
commission with a copy of the document from the armed forces
that called the individual to active duty.
(3) The individual applies for the certificate or license renewal
not more than one hundred twenty (120) days after the individual
leaves active duty.
SECTION 51. IC 16-33-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this
chapter, "armed forces of the United States" means the forces and
components of the:
(1) United States Army;
(2) United States Navy;
(3) United States Air Force;
(4) United States Marine Corps;
(5) United States Space Force; and
(6) United States Coast Guard.
SECTION 52. IC 16-33-4-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) Except as
provided in subsection (b), the superintendent of the home shall be
appointed in the manner prescribed by law and must meet all of the
following conditions:
(1) Be a teacher licensed by the state or have at least a
baccalaureate degree from an accredited college or university in
a field related to education or child growth and development.
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(2) Have experience working with children.
(3) At the time of appointment, be a resident and citizen of
Indiana.
(4) Have other qualifications as required by the state health
commissioner.
(b) When at least two (2) candidates meet the conditions listed in
subsection (a), the state health commissioner shall give preference to
individuals who have been honorably discharged after service in from
the armed forces of the United States under conditions other than
conditions set forth in IC 10-17-12-7.5(2) in appointing a candidate
to the position of superintendent of the home.
SECTION 53. IC 20-19-3-14 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 14. (a) As used in this section, "division" refers to the
division of school building physical security and safety established by
subsection (c).
(b) As used in this section, "physical security" refers to security
measures that are designed to deny unauthorized access to a building
or facility, including equipment and resources, and to protect
individuals and property from damage or harm.
(c) The division of school building physical security and safety is
established within the department.
(d) The division shall:
(1) establish and maintain guidelines for using professional
architectural and engineering services to integrate physical
security improvements and safety practices in the construction,
renovation, repair, or alteration of a school facility;
(2) carry out the department's responsibilities with regards to the
school safety specialist training and certification program
established in IC 10-21-1-13;
(3) establish and maintain guidelines for establishing emergency
response protocols in cooperation with other state agencies;
(4) carry out the department's responsibilities to safe school
committees under IC 10-21-1-14;
(5) coordinate the department's response and recovery assistance
to a school in the event of a manmade or natural disaster;
(6) provide information and guidance to assist school corporations
or schools to establish mutual aid disaster assistance agreements
with other schools or school corporations;
(7) study and collect information to integrate lessons learned from
previous school disasters throughout the country into the
curriculum of the school safety specialist training and certification
program established in IC 10-21-1-13 and guidelines established
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by the division under this subsection;
(8) establish and maintain guidelines, in consultation with the
department of homeland security and institute for criminal justice,
for developing and maintaining school safety plans as described
in IC 10-21-1-10 and IC 10-21-1-11; and
(9) assist the secured school safety board established by
IC 10-21-1-3 in conducting the review and submitting the report
as described in IC 10-21-1-8.
(e) The division may:
(1) request a meeting with a school corporation or charter school
to review a school safety plan as described in IC 10-21-1-10;
(2) request to provide an onsite safety review for a school
corporation or charter school;
(3) request to provide guidance or assistance relating to school
safety matters to a school corporation or charter school;
(4) provide assistance or guidance relating to school safety
matters upon request by a nonpublic school that has voluntarily
become accredited under IC 20-31-4.1 or is accredited by a
national or regional accrediting agency that is recognized by the
state board; and
(5) provide assistance or guidance relating to school safety
matters upon request by a county school safety commission under
IC 10-21-1-12.
(f) The division shall maintain a secure Internet web site to provide
school officials and public safety officials access to information that is
considered classified under IC 5-14-3-4(b)(1), IC 5-14-3-4(b)(18), and
IC 5-14-3-4(b)(19) or other sensitive information that may assist school
officials and public safety officials in improving school safety or
responding to a manmade or natural disaster.
(g) The division shall maintain a public website that contains:
(1) the guidelines established by the division under subsection
(d);
(2) best practices pertaining to school safety; and
(3) any other information the division determines may be
necessary to carry out the division's duties or responsibilities
under this section.
SECTION 54. IC 20-20-7-3, AS AMENDED BY P.L.144-2007,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. As used in this chapter, "eligible veteran" refers
to an individual who has the following qualifications:
(1) Served as a member of the armed forces of the United States
at any time during at least one (1) of the following periods:
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(A) Beginning April 6, 1917, and ending November 11, 1918
(World War I).
(B) Beginning December 7, 1941, and ending December 31,
1946 (World War II).
(C) Beginning June 27, 1950, and ending January 31, 1955
(Korean Conflict).
(D) Beginning August 5, 1964, and ending May 7, 1975
(Vietnam Conflict).
(2) Before the military service described in subdivision (1):
(A) attended a public or nonpublic high school in Indiana; and
(B) was a student in good standing at the high school
described in clause (A), to the satisfaction of the department
of veterans' affairs.
(3) Did not graduate or receive a diploma because of leaving the
high school described in subdivision (2) for the military service
described in subdivision (1).
(4) Was honorably discharged from the armed forces of the
United States under conditions other than conditions set forth
in IC 10-17-12-7.5(2).
SECTION 55. IC 20-20-7-7, AS ADDED BY P.L.1-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) The department and the department of
veterans' affairs shall jointly design a form for the application for
issuance of a diploma under the program.
(b) The application form must require at least the following
information about an eligible veteran:
(1) Personal identification information.
(2) Military service information, including a copy of the eligible
veteran's honorable discharge from military service under
conditions other than conditions set forth in
IC 10-17-12-7.5(2).
(3) High school information, including the following:
(A) Name and address, including county, of the last high
school attended.
(B) Whether the high school was a public or nonpublic school.
(C) Years attended.
(D) Year of leaving high school to begin military service.
(E) Year in which the veteran would have graduated if the
veteran had not left high school to begin military service.
(4) If the high school attended was a public school, whether the
veteran prefers receiving a diploma issued by:
(A) the state board; or
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(B) the governing body of the school corporation governing
the high school.
SECTION 56. IC 20-26-18.2-3, AS ADDED BY P.L.172-2013,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) A school resource officer may:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property using the
reasonable suspicion standard;
(3) carry a firearm on or off school property; and
(4) pursue a person who flees from a school resource officer
after the school resource officer has, by visible or audible
means, including the operation of the school resource officer's
siren or emergency lights, identified themself and ordered the
person to stop; and
(4) (5) exercise other police powers with respect to the
enforcement of Indiana laws.
(b) A school resource officer who has completed Tier I or Tier II
basic training requirements established by the law enforcement
training board under IC 5-2-1-9 has statewide jurisdiction. in every
county where the school corporation or charter school engaging the
officer operates a school or where the school corporation or charter
school's students reside. This subsection does not restrict the
jurisdiction that a school resource officer may possess due to the
officer's employment by a law enforcement agency.
SECTION 57. IC 20-38-3-2, AS ADDED BY P.L.21-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
A. "Active duty" means full-time duty status in the armed forces
of the United States or the National Guard and Reserve on active
duty orders under 10 U.S.C. 1209 and 10 U.S.C. 1211.
B. "Children of military families" means school aged children
who are enrolled in kindergarten through grade 12 and are
members of the household of an active duty member.
C. "Compact commissioner" means the voting representative of
each member state appointed under section 9 of this chapter.
D. "Deployment" means the period beginning one (1) month
before a service member departs from the member's home station
on military orders and ending six (6) months after the service
member returns to the member's home station.
E. "Educational records" means the official records, files, and data
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that are directly related to a student and maintained by a school or
local education agency. The term includes general identifying
data, records of attendance and academic work completed,
records of achievement and results of evaluative tests, health data,
disciplinary status, test protocols, and individualized education
programs.
F. "Extracurricular activities" means voluntary activities
sponsored by a school, a local education agency, or an
organization approved by a local education agency. The term
includes preparation for and involvement in public performances,
contests, athletic competitions, demonstrations, displays, and club
activities.
G. "Interstate commission" refers to the interstate commission on
Educational Opportunity for Military Children created by Article
IX of this compact.
H. "Local education agency" means a public administrative
agency authorized by the state to control and direct kindergarten
through grade 12 public educational institutions.
I. "Member state" means a state that has enacted this compact.
J. "Military installation" means a base, a camp, a post, a station,
a yard, a center, a homeport facility for a ship, or any other
activity under the jurisdiction of the United States Department of
Defense. The term includes a leased facility located within the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Northern Marianas Mariana Islands, or any other
United States territory. The term does not include a facility used
primarily for civil works, rivers and harbors projects, or flood
control projects.
K. "Nonmember state" means a state that has not enacted this
compact.
L. "Receiving state" means the state to which a child of a military
family is sent, brought, or caused to be sent or brought.
M. "Rule" means a written statement by the interstate commission
adopted under Article XII of this compact that is of general
applicability, that implements, interprets, or prescribes a policy of
provision of the interstate compact, and that has the force and
effect of statutory law on a member state. The term includes the
amendment, repeal, or suspension of an existing rule.
N. "Sending state" means the state from which a child of a
military family is sent, brought, or caused to be sent or brought.
O. "State" means a state of the United States, the District of
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Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, the Northern Marianas
Mariana Islands, or any other United States territory.
P. "Student" means a child of a military family for whom a local
education agency receives public funding and who is formally
enrolled in kindergarten through grade 12.
Q. "Transition" means the formal and physical process of
transferring a student between schools or the period during which
a student transfers from a school in the sending state to a school
in the receiving states.
R. "Uniformed services" means the United States Army, United
States Navy, United States Air Force, United States Marine
Corps, United States Space Force, or United States Coast
Guard. The term includes the commission corp of the National
Oceanic and Atmospheric Administration and the Public Health
Services.
S. "Veteran" means an individual who served in and was
discharged or released from the uniformed services under
conditions other than dishonorable.
SECTION 58. IC 21-14-1-2.7, AS ADDED BY P.L.144-2007,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2.7. For purposes of IC 21-14-9, "armed forces of
the United States" means the following:
(1) The United States Air Force.
(2) The United States Army.
(3) The United States Coast Guard.
(4) The United States Marine Corps.
(5) The United States Navy.
(6) The United States Space Force.
SECTION 59. IC 21-27-2-1.5, AS ADDED BY P.L.22-2018,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.5. (a) As used in this section, "academic term"
has the meaning set forth in IC 21-12-1-2.
(b) As used in this section, "active duty" has the meaning set forth
in IC 10-16-7-23(a).
(c) As used in this section, "armed forces" means the:
(1) United States Air Force;
(2) United States Army;
(3) United States Coast Guard;
(4) United States Marine Corps; and
(5) United States Navy; and
(6) United States Space Force.
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(d) As used in this section, "qualified student" means a member of:
(1) the Indiana National Guard;
(2) the National Guard of a state contiguous to Indiana;
(3) a reserve component of the armed forces of the United States;
or
(4) the armed forces;
enrolled in a state educational institution.
(e) The board of trustees of a state educational institution shall allow
a qualified student on active duty or called to active duty during an
academic term to exercise any of the following options:
(1) Reenroll in any course for which the qualified student had
remitted tuition but that the qualified student was not able to
complete due to active duty status. Course reenrollment shall be
offered to any qualified student:
(A) for a period not to exceed four (4) years after the date of
the qualified student's release from active duty; and
(B) without additional tuition, student fees, or related charges.
(2) Receive a refund for tuition and fees paid by the qualified
student for the academic term in which the qualified student was
called or ordered to active duty, or based on the qualified student's
active duty status.
(3) Receive a credit for a subsequent academic term in the amount
of the tuition and fees paid during the academic term for courses
that the qualified student did not complete due to active duty
status.
(f) If a qualified student has been fully reimbursed for tuition, fees,
and charges for a course that the qualified student did not complete due
to active duty status, the qualified student is not entitled to further
reimbursement under this section.
SECTION 60. IC 22-2-13-2, AS ADDED BY P.L.151-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. As used in this chapter, "armed forces of the
United States" means the active or reserve components of the:
(1) the United States Army;
(2) the United States Navy;
(3) the United States Air Force;
(4) the United States Coast Guard;
(5) the United States Marine Corps; or
(6) United States Space Force; or
(6) (7) the Merchant Marine.
SECTION 61. IC 22-4.1-4-3.3, AS ADDED BY P.L.109-2017,
SECTION 2, AND AS ADDED BY P.L.230-2017, SECTION 38, IS
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CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3.3. (a) As used in this section,
"veteran" means:
(1) a Hoosier veteran (as defined in IC 1-1-4-5-(b));
IC 1-1-4-5(b)); or
(2) an individual who satisfies the following:
(1) (A) The individual is a resident of Indiana.
(2) (B) The individual has previously served on active duty in
any branch of the armed forces of the United States or their
reserves, in the National Guard, or in the Indiana National
Guard.
(3) (C) The individual received an honorable a discharge from
service under conditions other than conditions set forth in
IC 10-17-12-7.5(2).
(b) Unless otherwise provided by federal law, the department shall
give a veteran or the spouse of a veteran priority for placement in any
federal or state employment or training program administered by the
department if the veteran or the veteran's spouse:
(1) submits documentation satisfactory to the department
establishing the veteran's honorable discharge from service; and
(2) meets the eligibility requirements for the program.
SECTION 62. IC 22-9-9-2, AS ADDED BY P.L.151-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. As used in this chapter, "armed forces of the
United States" means the active or reserve components of the:
(1) United States Army;
(2) United States Navy;
(3) United States Air Force;
(4) United States Coast Guard;
(5) United States Marine Corps; or
(6) United States Space Force; or
(6) (7) Merchant Marine.
SECTION 63. IC 22-12-2.5-3, AS ADDED BY P.L.155-2023,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. The commission shall decide which building
codes shall be reviewed each calendar year, focusing on the oldest
building codes for review. Except as permitted under section 4(b) of
this chapter, the commission may not review adopt a final rule under
IC 4-22-2-29 for more than three (3) building codes during any
calendar year. twelve (12) month period.
SECTION 64. IC 22-12-7-1, AS AMENDED BY P.L.249-2019,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2025]: Sec. 1. This chapter applies to the commission, the
education board, and every officer, employee, and agent of an office or
division within the department whenever the person has authority to
administer or enforce a law under IC 22-11 through IC 22-15,
IC 35-47.5, or IC 36-8-10.5.
SECTION 65. IC 22-12-7-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) If a licensee is
placed on probation under section 7 of this chapter, the person issuing
the order may require that licensee to:
(1) report regularly to the department or another person upon the
matters that are the basis of probation;
(2) limit use of property or other conduct to those areas prescribed
by the person issuing the order; or
(3) if the disciplined licensee is an inspector or an inspection
agency, continue or renew professional education under the
department or another person approved by the person issuing the
order until the person issuing the order finds that a satisfactory
degree of skill has been attained in those areas that are the basis
of the probation; or
(4) perform any acts, including community restitution or
service without compensation, or refrain from performing
any acts that the department considers appropriate to the
public interest or to the rehabilitation or treatment of the
practitioner.
(b) The person issuing the order may cancel a probation order if it
finds that the deficiency that required disciplinary action has been
remedied by the licensee.
SECTION 66. IC 22-12-7-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) This section
applies to an order issued by an officer, employee, or agent of an office
or division within the department.
(b) The office or division issuing an order shall give a person who:
(1) is aggrieved by the order; and
(2) requests review of the order in verbal or written form;
an opportunity to informally discuss the order with the office or
division. Review under this subsection does not suspend the running of
the time period in which a person must petition under IC 4-21.5-3-7 to
appeal the order.
(c) The office or division issuing the order may, on its own initiative
or at the request of any person, modify its order or reverse the order.
(d) An order issued by an office or a division may be appealed to the
commission under IC 4-21.5-3-7. A decision to deny a request to
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modify or reverse an order under subsection (c) is not appealable.
However, orders issued under IC 22-14-2-7, IC 22-14-2-7.5, or
IC 36-8-10.5 are appealed to the education board.
(e) If an order is appealed, the commission agency that is
responsible for reviewing the order under subsection (d) or its
designee shall conduct all administrative proceedings under IC 4-21.5.
In its proceedings, the commission agency conducting the proceeding
may modify the order to impose any requirement authorized under this
article or reverse the order.
SECTION 67. IC 22-14-2-4, AS AMENDED BY P.L.187-2021,
SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) The department may:
(1) enter and inspect any property, at a reasonable hour;
(2) issue and enforce administrative orders under IC 22-12-7 and
apply for judicial orders under IC 22-12-7-13;
(3) direct a fire department to assist the department;
(4) cooperate with law enforcement officers; and
(5) provide hazardous materials and counterterrorism:
(A) training;
(B) support; and
(C) response assistance.
(b) To carry out the state fire marshal's responsibility to conduct an
investigation into the causes and circumstances surrounding a fire or
an explosion, the state fire marshal or a department fire investigator
authorized by the state fire marshal may:
(1) exercise the powers of a law enforcement officer to prevent
fires and conduct arson investigations;
(2) direct a fire department to assist the state fire marshal or
department fire investigator; and
(3) cooperate with law enforcement officers.
(b) Notwithstanding any other law, changes made to this section
during the 2025 regular session of the general assembly do not
affect ongoing investigations initiated by the state fire marshal
before July 1, 2025.
SECTION 68. IC 22-14-2-7, AS AMENDED BY P.L.93-2024,
SECTION 165, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 7. (a) This section does not limit the
powers, rights, duties, and other responsibilities of municipal or county
governments or impose requirements affecting pension laws or any
other laws.
(b) This section does not require a member of a fire department to
be certified. However, under the authority provided in subsection
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(c), the education board may, by rule, establish a program
requiring certification of fire service personnel or nonfire service
personnel.
(c) The education board may establish a program to be
administered by the department to:
(1) certify firefighting training and education programs that meet
the standards set by the education board;
(2) certify fire department instructors who meet the qualifications
set by the education board;
(3) direct research in the field of firefighting and fire prevention
and accept gifts and grants to direct this research;
(4) recommend curricula for advanced training courses and
seminars in fire science or fire engineering training to public and
private postsecondary educational institutions;
(5) certify fire service personnel and nonfire service personnel
who meet the qualifications set by the education board;
(6) require fire service personnel certified at any level to fulfill
continuing education requirements in order to maintain
certification; or
(7) contract or cooperate with any person and adopt rules under
IC 4-22-2, and as authorized under IC 36-8-10.5-7, to carry out its
responsibilities under this section.
(d) The education board may impose a reasonable fee for the
issuance of a certification described in subsection (c). The board
department shall deposit the fee in the fire and building services fund
established by IC 22-12-6-1.
(e) The education board is the ultimate authority for orders
issued by the department under this section.
SECTION 69. IC 22-14-2-8, AS AMENDED BY P.L.187-2021,
SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) Regardless of the extent of the investigation
conducted by a fire department under IC 36-8-17-7, the state fire
marshal or a department fire investigator authorized by the state fire
marshal may conduct an investigation into the causes and
circumstances surrounding any fire or explosion.
(b) To carry out this section, the state fire marshal or a department
fire investigator authorized by the state fire marshal may:
(1) exercise its powers under section 4 of this chapter and
subsection (e);
(2) assist a prosecuting attorney with any criminal investigation;
(3) subpoena witnesses and order the production of books,
documents, and other evidence;
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54
(4) give oaths and affirmations;
(5) take depositions and conduct hearings;
(6) separate witnesses and otherwise regulate the course of
proceedings; and
(7) obtain and secure evidence.
(c) Subpoenas, discovery orders, and protective orders issued under
this section shall be enforced under IC 4-21.5-6-2.
(d) A person who is summoned and testifies under this section is
entitled to receive a minimum salary per diem and a mileage allowance
from the fire and building services fund. The budget agency shall set
the amount of the per diem and mileage allowance.
(e) The state fire marshal and the department fire investigators
authorized by the state fire marshal have are law enforcement officers
authority at all times while discharging their duties under this section
as employees of the department.
(f) The executive director of the department has is a law
enforcement authority at all times officer while discharging the duties
of the executive director. under this section.
SECTION 70. IC 22-15-3.2-7, AS AMENDED BY P.L.187-2021,
SECTION 105, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) A design release shall be
issued to an applicant without a plan review if:
(1) the applicant submits a complete application; and
(2) the department does not select the application for a plan
review under this section.
(b) The department may select any application for design release to
be subject to a plan review. The department has complete discretion in
the criteria used by the department to select a design release
application for a plan review. A criterion used by the department may
be whether the design professional has received disciplinary sanctions
under IC 25-1-11-12 within the preceding five (5) years.
(c) Not later than July 1, 2025, the department shall identify and
publish a list of projects that qualify under subsection (a)(2) for
release without a plan review.
SECTION 71. IC 22-15-5-16, AS AMENDED BY HEA 1167-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 16. (a) A practitioner shall comply with the
standards established under this licensing program. A practitioner is
subject to the exercise of the disciplinary sanctions under subsection
(b) IC 22-12-7-7 if the department finds that a practitioner has:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a license to practice, including
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cheating on a licensing examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses provided under this chapter;
(5) been convicted of a crime that has a direct bearing on the
practitioner's ability to continue to practice competently;
(6) knowingly violated a state statute or rule or federal statute or
regulation regulating the profession for which the practitioner is
licensed;
(7) continued to practice although the practitioner has become
unfit to practice due to:
(A) professional incompetence;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency on alcohol or
other drugs that endanger the public by impairing a
practitioner's ability to practice safely;
(8) engaged in a course of lewd or immoral conduct in connection
with the delivery of services to the public;
(9) allowed the practitioner's name or a license issued under this
chapter to be used in connection with an individual or business
who renders services beyond the scope of that individual's or
business's training, experience, or competence;
(10) had disciplinary action taken against the practitioner or the
practitioner's license to practice in another state or jurisdiction on
grounds similar to those under this chapter;
(11) assisted another person in committing an act that would
constitute a ground for disciplinary sanction under this chapter;
or
(12) allowed a license issued by the department to be:
(A) used by another person; or
(B) displayed to the public when the license has expired, is
inactive, is invalid, or has been revoked or suspended.
For purposes of subdivision (10), a certified copy of a record of
disciplinary action constitutes prima facie evidence of a disciplinary
action in another jurisdiction.
(b) The department may impose one (1) or more of the following
sanctions if the department finds that a practitioner is subject to
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disciplinary sanctions under subsection (a):
(1) Permanent revocation of a practitioner's license.
(2) Suspension of a practitioner's license.
(3) Censure of a practitioner.
(4) Issuance of a letter of reprimand.
(5) Assessment of a civil penalty against the practitioner in
accordance with the following:
(A) The civil penalty may not be more than one thousand
dollars ($1,000) for each violation listed in subsection (a),
except for a finding of incompetency due to a physical or
mental disability.
(B) When imposing a civil penalty, the department shall
consider a practitioner's ability to pay the amount assessed. If
the practitioner fails to pay the civil penalty within the time
specified by the department, the department may suspend the
practitioner's license without additional proceedings. However,
a suspension may not be imposed if the sole basis for the
suspension is the practitioner's inability to pay a civil penalty.
(6) Placement of a practitioner on probation status and
requirement of the practitioner to:
(A) report regularly to the department upon the matters that
are the basis of probation;
(B) limit practice to those areas prescribed by the department;
(C) continue or renew professional education approved by the
department until a satisfactory degree of skill has been attained
in those areas that are the basis of the probation; or
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the department considers appropriate to the public interest or
to the rehabilitation or treatment of the practitioner.
The department may withdraw or modify this probation if the
department finds after a hearing that the deficiency that required
disciplinary action has been remedied or that changed
circumstances warrant a modification of the order.
(c) (b) If an applicant or a practitioner has engaged in or knowingly
cooperated in fraud or material deception to obtain a license to
practice, including cheating on the licensing examination, the
department may rescind the license if it has been granted, void the
examination or other fraudulent or deceptive material, and prohibit the
applicant from reapplying for the license for a length of time
established by the department.
(d) (c) The department may deny licensure to an applicant who has
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had disciplinary action taken against the applicant or the applicant's
license to practice in another state or jurisdiction or who has practiced
without a license in violation of the law. A certified copy of the record
of disciplinary action is conclusive evidence of the other jurisdiction's
disciplinary action.
(e) (d) The department may order a practitioner to submit to a
reasonable physical or mental examination if the practitioner's physical
or mental capacity to practice safely and competently is at issue in a
disciplinary proceeding. Failure to comply with a department order to
submit to a physical or mental examination makes a practitioner liable
to temporary suspension under subsection (j). (h).
(f) (e) Except as provided under subsection (f) or (g), or (h), a
license may not be denied, revoked, or suspended because the applicant
or holder has been convicted of an offense. The acts from which the
applicant's or holder's conviction resulted may, however, be considered
as to whether the applicant or holder should be entrusted to serve the
public in a specific capacity.
(g) (f) The department may deny, suspend, or revoke a license
issued under this chapter if the individual who holds the license is
convicted of any of the following:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
(5) Manufacture of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.1(c).
(6) Dealing in paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
its amendment on July 1, 2015).
(8) Possession of marijuana, hash oil, hashish, or salvia as a Class
D felony (for a crime committed before July 1, 2014) or a Level
6 felony (for a crime committed after June 30, 2014) under
IC 35-48-4-11.
(9) A felony offense under IC 35-48-4 involving possession of a
synthetic drug (as defined in IC 35-31.5-2-321), possession of a
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controlled substance analog (as defined in IC 35-48-1-9.3), or
possession of a synthetic drug lookalike substance (as defined in
IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
(A) Class D felony for a crime committed before July 1, 2014;
or
(B) Level 6 felony for a crime committed after June 30, 2014;
under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
(10) Maintaining a common nuisance under IC 35-48-4-13
(repealed) or IC 35-45-1-5, if the common nuisance involves a
controlled substance.
(11) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(h) (g) The department shall deny, revoke, or suspend a license
issued under this chapter if the individual who holds the license is
convicted of any of the following:
(1) Dealing in a controlled substance resulting in death under
IC 35-42-1-1.5.
(2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
(3) Dealing in methamphetamine under IC 35-48-4-1.1.
(4) Manufacturing methamphetamine under IC 35-48-4-1.2.
(5) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(6) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(7) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(8) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5 (repealed).
(9) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled substance
under IC 35-48-4-4.6.
(10) Dealing in a counterfeit substance under IC 35-48-4-5.
(11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
under IC 35-48-4-10.
(12) An offense under IC 35-48-4 involving the manufacture or
sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
synthetic drug lookalike substance (as defined in
IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
substance analog (as defined in IC 35-48-1-9.3), or a substance
represented to be a controlled substance (as described in
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IC 35-48-4-4.6).
(13) A violation of any federal or state drug law or rule related to
wholesale legend drug distributors licensed under IC 25-26-14.
(i) A decision of the department under subsections (b) through (h)
may be appealed to the commission under IC 4-21.5-3-7.
(j) (h) The department may temporarily suspend a practitioner's
license under IC 4-21.5-4 before a final adjudication or during the
appeals process if the department finds that a practitioner represents a
clear and immediate danger to the public's health, safety, or property if
the practitioner is allowed to continue to practice.
(k) (i) On receipt of a complaint or an information alleging that a
person licensed under this chapter has engaged in or is engaging in a
practice that jeopardizes the public health, safety, or welfare, the
department shall initiate an investigation against the person.
(l) (j) Any complaint filed with the office of the attorney general
alleging a violation of this licensing program shall be referred to the
department for summary review and for its general information and any
authorized action at the time of the filing.
(m) (k) The department shall conduct a fact finding investigation as
the department considers proper in relation to the complaint.
(n) The department may reinstate a license that has been suspended
under this section if, after a hearing, the department is satisfied that the
applicant is able to practice with reasonable skill, safety, and
competency to the public. As a condition of reinstatement, the
department may impose disciplinary or corrective measures authorized
under this chapter.
(o) The department may not reinstate a license that has been
revoked under this chapter. An individual whose license has been
revoked under this chapter may not apply for a new license until seven
(7) years after the date of revocation.
(p) The department shall seek to achieve consistency in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department's findings or orders.
(q) (l) A practitioner may petition the department to accept the
surrender of the practitioner's license. instead of having a hearing
before the commission. The practitioner may not surrender the
practitioner's license without the written approval of the department,
and the department may impose any conditions appropriate to the
surrender or reinstatement of a surrendered license.
(r) (m) A practitioner who has been subjected to disciplinary
sanctions may be required by the commission to pay the costs of the
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proceeding. The practitioner's ability to pay shall be considered when
costs are assessed. If the practitioner fails to pay the costs, a suspension
may not be imposed solely upon the practitioner's inability to pay the
amount assessed. The costs are limited to costs for the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
SECTION 72. IC 23-14-73-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this
chapter, "member of the armed forces" means an individual who served
on active duty in the:
(1) United States Army;
(2) United States Navy;
(3) United States Air Force;
(4) United States Marine Corps;
(5) United States Space Force; or
(6) United States Coast Guard. of the United States.
SECTION 73. IC 24-2-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. It shall be unlawful
for any person, firm, limited liability company, corporation or
association, not an agency or instrumentality of the United States
government, selling or offering for sale goods, wares or merchandise,
to use or cause or permit to be used in the corporate or trade-name, or
description of the seller or of the place where the goods, wares or
merchandise are offered for sale, any of the following words or
expressions, viz., "Army", "Navy", "Air Force", "Space Force",
"Marine Corps", "Marines", "Coast Guard", "Government", "Post
Exchange", "P-X", or "G.I."; or any word or expression which may lead
the public to believe that the seller or the place is owned, operated or
managed by the United States government or its military or naval
forces or any agency of the United States government.
SECTION 74. IC 25-1-12-3, AS AMENDED BY P.L.2-2005,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. As used in this chapter, "armed forces of the
United States" means the active or reserve components of the:
(1) the United States Army;
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(2) the United States Navy;
(3) the United States Air Force;
(4) the United States Coast Guard;
(5) the United States Marine Corps; or
(6) United States Space Force; or
(6) (7) the Merchant Marine.
SECTION 75. IC 25-8-12.1-12, AS ADDED BY P.L.84-2010,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. A person who:
(1) enters active military service of the United States or of this
state:
(A) in time of war or an emergency;
(B) for or during a period of training; or
(C) in connection with or under the operation of a system of
selective service; and
(2) at the time of entry holds a valid license as a registered barber;
shall be granted a similar certificate of registration or license upon
presenting to the board an honorable discharge a discharge from
military service under conditions other than conditions set forth in
IC 10-17-12-7.5(2), dated not more than six (6) months before the time
of the presentation. The similar certificate or license shall be granted
by the board upon payment of a fee established by the board.
SECTION 76. IC 25-10-1-7, AS AMENDED BY P.L.36-2022,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. Any applicant for a license to practice
chiropractic who is a graduate of a legally incorporated chiropractic
school, institution or college, and who can produce satisfactory
evidence to the board that the:
(1) applicant's chiropractic education was interrupted by reason
of the applicant's induction or enlistment into the active armed
forces of the United States; and
(2) applicant received an honorable discharge a discharge from
the armed forces under conditions other than conditions set
forth in IC 10-17-12-7.5(2);
is entitled to have the applicant's date of graduation determined as if
the applicant had completed the applicant's course of study in
chiropractic without the interruption.
SECTION 77. IC 25-25-2-1, AS AMENDED BY P.L.42-2020,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) This section applies to:
(1) any veteran described in IC 10-17-5-2 or IC 10-17-5-1 (before
their repeal); or
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(2) any other veteran to whom this chapter applies because of the
provisions of any other statute;
who holds an honorable discharge received a discharge from military
service under conditions other than conditions set forth in
IC 10-17-12-7.5(2) from such service issued by the proper authorities.
Such a person shall be entitled to a license to vend, hawk, and peddle
goods, wares, fruits, and merchandise in any county, city, or town in
Indiana without the payment of any fee for the license. Upon the
presentation of the person's certificate and papers of discharge,
properly executed, to the auditor of any county and proving the person's
identity as the person named in the person's certificate of honorable
discharge, the auditor shall issue to the former soldier or sailor a free
license to vend, hawk, and peddle goods, wares, fruits, and
merchandise in the county and in all cities and towns in the county. A
fee may not be charged to the holder of the license by the auditor, by
the authorities of any city or town in the county, or by any other officer.
The license shall be full and complete authority to vend, hawk, and
peddle without the payment of any sum of money.
(b) A person who acquires a license under this section is subject to
all county, city, or town regulations and ordinances concerning
vendors, hawkers, or peddlers, except for those provisions requiring
payment of money for obtaining a license.
SECTION 78. IC 25-36.1-2-5, AS ADDED BY P.L.97-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) Except as provided in section 4 of this
chapter, an individual may not practice surgical technology in a health
care facility unless the individual meets one (1) of the following
requirements:
(1) Is certified under IC 25-36.1-1.
(2) Has completed a surgical technology program provided by the
United States Army, United States Navy, United States Air
Force, United States Marine Corps, United States Space Force,
or United States Coast Guard, or the commissioned corps of the
United States Public Health Service.
(3) Provides evidence to the health care facility that the individual
was employed to practice surgical technology in a health care
facility before July 1, 2009.
(4) Is performing duties related to the individual's employment by
the federal government.
(5) Is practicing surgical technology during the twelve (12) month
period immediately following the completion of a degree from an
accredited school of surgical technology.
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(6) Has the appropriate abilities, as determined by the health care
facility.
(b) An individual who is:
(1) described in subsection (a)(1), (a)(2), or (a)(3); and
(2) practicing surgical technology in a health care facility;
annually shall complete fifteen (15) hours of continuing education
concerning surgical technology in order to continue practicing surgical
technology.
(c) An individual who wants to practice surgical technology in a
health care facility is responsible for establishing to the satisfaction of
the health care facility that the individual has complied with this
section.
(d) An individual practicing surgical technology in a health care
facility is responsible for immediately notifying in writing the
governing body of the health care facility, or the governing body's
designee, of any changes in the individual's compliance with this
section.
(e) A health care facility shall maintain copies of any written
documentation provided by the individual to the health care facility
under subsection (c) or (d) to show compliance with this section.
(f) This chapter does not require a health care facility to permit an
individual described in subsection (a) to perform surgical technology
services at the health care facility.
SECTION 79. IC 25-37-1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) This section
applies to a county having a consolidated city.
(b) A veteran who holds an honorable discharge received a
discharge from the armed forces of the United States under
conditions other than conditions set forth in IC 10-17-12-7.5(2) is
exempt from the payment of a fee for a transient merchant license
issued under this chapter by a municipality located wholly or partially
within the county.
(c) Upon the presentation of the veteran's certificate and papers of
discharge and proof of the veteran's identity, the official designated by
the municipality shall issue a transient merchant license to the veteran.
A person licensed under this section shall comply with all ordinances
of the county or municipality governing transient merchants.
SECTION 80. IC 27-1-22-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 26. (a) As used in this
section, "armed forces" means the following:
(1) The United States Army.
(2) The United States Navy.
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(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Space Force.
(5) (6) The United States Coast Guard.
(b) This section applies only to an individual:
(1) who is applying for motor vehicle insurance; and
(2) who:
(A) is serving in one (1) of the armed forces; or
(B) has served in one (1) of the armed forces within six (6)
months before applying for motor vehicle insurance.
(c) As used in this section, "motor vehicle insurance" means any
type of insurance described in IC 27-1-5-1, Class 2(f).
(d) As used in this chapter, "rating plan" means the rating schedule
or rating plan of an insurer concerning premium rates for motor vehicle
insurance that has been filed with the commissioner and is in effect
under section 4 of this chapter.
(e) An insurer may not set the premium rate for a policy of motor
vehicle insurance for an individual described in subsection (b) at an
amount higher than the applicable rate set forth in the rating plan due
to the fact that the individual has not been covered by motor vehicle
insurance for a period of time.
(f) The violation of this section is an unfair and deceptive act or
practice in the business of insurance under IC 27-4-1-4.
SECTION 81. IC 27-1-22-26.1, AS ADDED BY P.L.39-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 26.1. (a) As used in this section, "armed forces"
means the active and reserve components of the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Space Force.
(5) (6) The United States Coast Guard.
(6) (7) The Indiana National Guard.
(b) As used in this section, "motor vehicle insurance" means any
type of insurance described in IC 27-1-5-1, Class 2(f).
(c) As used in this chapter, "rating plan" means the rating schedule
or rating plan of an insurer:
(1) concerning premium rates for motor vehicle insurance;
(2) that has been filed with the commissioner; and
(3) that is in effect under section 4 of this chapter.
(d) An insurer that issues or renews a policy of motor vehicle
HEA 1637 — CC 1
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insurance may not set the premium rate for a policy of motor vehicle
insurance that covers an individual who is serving in one (1) of the
armed forces at an amount higher than the applicable rate set forth in
the rating plan for a policy of motor vehicle insurance that covers an
individual who is not serving in one (1) of the armed forces.
(e) A violation of this section is an unfair and deceptive act or
practice in the business of insurance under IC 27-4-1-4.
SECTION 82. IC 27-7-14-1, AS ADDED BY P.L.146-2015,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. As used in this chapter, "armed forces" means
the active and reserve components of the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Space Force.
(5) (6) The United States Coast Guard.
(6) (7) The Indiana National Guard.
SECTION 83. IC 29-3-9-1, AS AMENDED BY P.L.50-2021,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) As used in this section, "department" means
the department of child services established by IC 31-25-1-1.
(b) As used in this section and except as otherwise provided in this
section, "foster care" has the meaning set forth in IC 31-9-2-46.7.
(c) Except as provided in subsections (d) and (h), by a properly
executed power of attorney, a parent of a minor or a guardian (other
than a temporary guardian) of a protected person may delegate to
another person for:
(1) any period during which the care and custody of the minor or
protected person is entrusted to an institution furnishing care,
custody, education, or training; or
(2) a period not exceeding twelve (12) months;
any powers regarding health care, support, custody, or property of the
minor or protected person. A delegation described in this subsection is
effective immediately unless otherwise stated in the power of attorney.
(d) A parent of a minor or a guardian of a protected person may not
delegate under subsection (c) the power to:
(1) consent to the marriage or adoption of a protected person who
is a minor; or
(2) petition the court to request the authority to petition for
dissolution of marriage, legal separation, or annulment of
marriage on behalf of a protected person as provided under
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section 12.2 of this chapter.
(e) Subject to IC 30-5-5-16, a person having a power of attorney
executed under subsection (c) has and shall exercise, for the period
during which the power is effective, all other authority of the parent or
guardian respecting the health care, support, custody, or property of the
minor or protected person except any authority expressly excluded in
the written instrument delegating the power. The parent or guardian
remains responsible for any act or omission of the person having the
power of attorney with respect to the affairs, property, and person of the
minor or protected person as though the power of attorney had never
been executed.
(f) A delegation of powers executed under subsection (c) does not,
as a result of the execution of the power of attorney, subject any of the
parties to any laws, rules, or regulations concerning the licensing or
regulation of foster family homes, child placing agencies, or child
caring institutions under IC 31-27.
(g) Any child who is the subject of a power of attorney executed
under subsection (c) is not considered to be placed in foster care. The
parties to a power of attorney executed under subsection (c), including
a child, a protected person, a parent or guardian of a child or protected
person, or an attorney in fact, are not, as a result of the execution of the
power of attorney, subject to any foster care requirements or foster care
licensing regulations.
(h) A foster family home licensed under IC 31-27-4 may not provide
overnight or regular and continuous care and supervision to a child
who is the subject of a power of attorney executed under subsection (c)
while providing care to a child placed in the home by the department
or under a juvenile court order under a foster family home license.
Upon request, the department may grant an exception to this
subsection.
(i) A parent who:
(1) is a member in the:
(A) active or reserve component of the armed forces of the
United States, including the:
(i) United States Army;
(ii) United States Navy;
(iii) United States Air Force;
(iv) United States Space Force;
(v) United States Marine Corps;
(vi) Indiana National Guard; or
(vii) United States Coast Guard; or
(B) commissioned corps of the:
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(i) National Oceanic and Atmospheric Administration; or
(ii) Public Health Service of the United States Department
of Health and Human Services;
detailed by proper authority for duty with the United States
Army or United States Navy; of the United States; or
(2) is required to:
(A) enter or serve in the active military service of the United
States under a call or order of the President of the United
States; or
(B) serve on state active duty;
may delegate the powers designated in subsection (c) for a period
longer than twelve (12) months if the parent is on active duty service.
However, the term of delegation may not exceed the term of active duty
service plus thirty (30) days. The power of attorney must indicate that
the parent is required to enter or serve in the active military service of
the United States and include the estimated beginning and ending dates
of the active duty service.
(j) Except as otherwise stated in the power of attorney delegating
powers under this section, a delegation of powers under this section
may be revoked at any time by a written instrument of revocation that:
(1) identifies the power of attorney revoked; and
(2) is signed by the:
(A) parent of a minor; or
(B) guardian of a protected person;
who executed the power of attorney.
SECTION 84. IC 33-42-9-10, AS AMENDED BY
P.L.215-2018(ss), SECTION 14, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) A notarial act
performed under federal law shall be presumed valid and has the same
effect as a notarial act performed by a notarial officer of Indiana if the
notarial act performed under federal law is performed by:
(1) a judge, clerk, or deputy clerk of a court;
(2) an individual who is authorized to perform the notarial act
under federal law and is:
(A) presently serving in the armed forces of the United States;
or
(B) performing duties under the authority of the armed forces
of the United States;
(3) an individual designated as a notarial officer by the United
States Department of State for the purpose of performing notarial
acts overseas;
(4) a commissioned officer with the rank of:
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(A) second lieutenant or higher in the active service of the:
(i) United States Army;
(ii) United States Marine Corps; or
(iii) United States Air Force; or
(iv) United States Space Force; or
(B) ensign or higher in the active service of the:
(i) United States Coast Guard; or
(ii) United States Navy; or
(5) any other individual authorized by federal law to perform the
notarial act.
(b) The signature and title of an individual acting under federal
authority while performing a notarial act are prima facie evidence of
the fact that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) The signature and title of a notarial officer described in
subsection (a)(1), (a)(2), or (a)(3) conclusively establish the authority
of the notarial officer to perform the notarial act.
SECTION 85. IC 35-31.5-2-185, AS AMENDED BY P.L.122-2023,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 185. (a) "Law enforcement officer" means:
(1) a police officer (including a tribal police officer, a correctional
police officer, and a hospital police officer employed by a hospital
police department established under IC 16-18-4), sheriff,
constable, marshal, prosecuting attorney, special prosecuting
attorney, special deputy prosecuting attorney, the securities
commissioner, the state fire marshal, the executive director of
the department of homeland security, or the inspector general;
(2) a deputy of any of those persons;
(3) an investigator for a prosecuting attorney or for the inspector
general;
(4) a conservation officer;
(5) an enforcement officer of the alcohol and tobacco
commission;
(6) an enforcement officer of the securities division of the office
of the secretary of state; or
(7) a gaming agent employed under IC 4-33-4.5 or a gaming
control officer employed by the gaming control division under
IC 4-33-20; or
(8) a fire investigator of the department of homeland security.
(b) "Law enforcement officer", for purposes of IC 35-42-2-1,
includes an alcoholic beverage enforcement officer, as set forth in
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IC 35-42-2-1.
(c) "Law enforcement officer", for purposes of IC 35-45-15,
includes a federal enforcement officer, as set forth in IC 35-45-15-3.
(d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
IC 35-44.1-3-2, includes a school resource officer (as defined in
IC 20-26-18.2-1) and a school corporation police officer appointed
under IC 20-26-16.
(e) "Law enforcement officer", for purposes of IC 35-40.5, has the
meaning set forth in IC 35-40.5-1-1.
SECTION 86. IC 35-42-2-2, AS AMENDED BY P.L.184-2019,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) A person who recklessly, knowingly, or
intentionally performs an act that creates a substantial risk of bodily
injury to another person commits criminal recklessness. Except as
provided in subsection (b), criminal recklessness is a Class B
misdemeanor. Class A misdemeanor.
(b) The offense of criminal recklessness as defined in subsection (a)
is:
(1) a Level 6 felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the person committed aggressive driving (as defined in
IC 9-21-8-55) that results in serious bodily injury to another
person; or
(2) a Level 5 felony if:
(A) it is committed by shooting a firearm into an occupied
motor vehicle, an inhabited dwelling, or other another
building or place where people are likely to gather; be
present; or
(B) the person committed aggressive driving (as defined in
IC 9-21-8-55) that results in the death or catastrophic injury of
another person.
(c) A person who:
(1) is a passenger in a vehicle whose operator has committed
an offense under subsection (a) or (b); and
(2) points a firearm at another person, a motor vehicle, a
dwelling, or another building or place where people are likely
to be present;
commits criminal recklessness, a Level 6 felony. It is not a defense
to a prosecution under this section that the operator of the motor
vehicle has not been charged with or convicted of an offense under
this section.
SECTION 87. IC 35-42-4-7, AS AMENDED BY P.L.133-2023,
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SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) As used in this section, "adoptive parent"
has the meaning set forth in IC 31-9-2-6.
(b) As used in this section, "adoptive grandparent" means the parent
of an adoptive parent.
(c) As used in this section, "charter school" has the meaning set
forth in IC 20-18-2-2.5.
(d) As used in this section, "child care worker" means a person who:
(1) provides care, supervision, or instruction to a child within the
scope of the person's employment in a shelter care facility;
(2) is employed by a:
(A) school corporation;
(B) charter school;
(C) nonpublic school; or
(D) special education cooperative;
attended by a child who is the victim of a crime under this
chapter; or
(3) is:
(A) affiliated with a:
(i) school corporation;
(ii) charter school;
(iii) nonpublic school; or
(iv) special education cooperative;
attended by a child who is the victim of a crime under this
chapter, regardless of how or whether the person is
compensated;
(B) in a position of trust in relation to a child who attends the
school or cooperative;
(C) engaged in the provision of care or supervision to a child
who attends the school or cooperative; and
(D) at least four (4) years older than the child who is the
victim of a crime under this chapter.
The term does not include a student who attends the school or
cooperative.
(e) As used in this section, "coach" means a person who:
(1) provides care, supervision, or instruction to a child within the
scope of the person's employment in a youth sports organization;
(2) is employed by a youth sports organization attended by a child
who is the victim of a crime under this chapter; or
(3) is:
(A) affiliated with a youth sports organization attended by a
child who is the victim of a crime under this chapter,
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regardless of how or whether the person is compensated;
(B) in a position of trust in relation to a child who participates
in the youth sports organization;
(C) engaged in the provision of care or supervision to a child
who participates in the youth sports organization; and
(D) at least four (4) years older than the child who is the
victim of a crime under this chapter.
This term includes a coach who is nonteaching or a volunteer.
(f) As used in this section, "custodian" means any person who
resides with a child and is responsible for the child's welfare.
(g) As used in this section, "mental health professional" means:
(1) a mental health counselor licensed under IC 25-23.6-8.5;
(2) a psychologist; or
(3) a psychiatrist.
(h) As used in this section, "military recruiter" means a member of:
(1) the United States Air Force;
(2) the United States Army;
(3) the United States Coast Guard;
(4) the United States Marine Corps;
(5) the United States Navy;
(6) the United States Space Force;
(6) (7) any reserve components of the military forces listed in
subdivisions (1) through (5); or
(7) (8) the Indiana National Guard;
whose primary job function, classification, or specialty is recruiting
individuals to enlist with an entity listed in subdivisions (1) through
(7). (8).
(i) As used in this section, "nonpublic school" has the meaning set
forth in IC 20-18-2-12.
(j) For purposes of this section, a person has a "professional
relationship" with a child if:
(1) the person:
(A) has a license issued by the state or a political subdivision
on the basis of the person's training and experience that
authorizes the person to carry out a particular occupation; or
(B) is employed in a position in which counseling, supervising,
instructing, or recruiting children forms a significant part of
the employment; and
(2) the person has a relationship with a child that is based on the
person's employment or licensed status as described in
subdivision (1).
The term includes a relationship between a child and a mental health
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professional or military recruiter. The term does not include a coworker
relationship between a child and a person described in subdivision
(1)(B).
(k) As used in this section, "school corporation" has the meaning set
forth in IC 20-18-2-16.
(l) As used in this section, "special education cooperative" has the
meaning set forth in IC 20-35-5-1.
(m) As used in this section, "stepparent" means an individual who
is married to a child's custodial or noncustodial parent and is not the
child's adoptive parent.
(n) As used in this section, "workplace supervisor" means an
individual who has authority over a child while the child is employed
at the child's place of employment. The term includes a person who is
responsible for determining the child's wages (including whether the
child will receive a raise) or who otherwise has the authority to take an
adverse employment action against the child.
(o) As used in this section, "youth sports organization" means an
athletic or recreational program that is organized for:
(1) competition against another team, club, or entity; or
(2) athletic instruction;
predominantly for children less than eighteen (18) years of age.
(p) If a person who:
(1) is at least eighteen (18) years of age; and
(2) is the:
(A) guardian, adoptive parent, adoptive grandparent,
custodian, or stepparent of;
(B) child care worker for; or
(C) coach of;
a child less than eighteen (18) years of age;
engages with the child in sexual intercourse, other sexual conduct (as
defined in IC 35-31.5-2-221.5), or any fondling or touching with the
intent to arouse or satisfy the sexual desires of either the child or the
adult, the person commits child seduction.
(q) A person who:
(1) has or had a professional relationship with a child less than
eighteen (18) years of age whom the person knows to be less than
eighteen (18) years of age;
(2) may exert undue influence on the child because of the person's
current or previous professional relationship with the child; and
(3) uses or exerts the person's professional relationship to engage
in sexual intercourse, other sexual conduct (as defined in
IC 35-31.5-2-221.5), or any fondling or touching with the child
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with the intent to arouse or satisfy the sexual desires of the child
or the person;
commits child seduction.
(r) A law enforcement officer who:
(1) is at least four (4) years older than a child who is less than
eighteen (18) years of age;
(2) has contact with the child while acting within the scope of the
law enforcement officer's official duties with respect to the child;
and
(3) uses or exerts the law enforcement officer's professional
relationship with the child to engage with the child in:
(A) sexual intercourse;
(B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
or
(C) any fondling or touching with the child with the intent to
arouse or satisfy the sexual desires of the child or the law
enforcement officer;
commits child seduction.
(s) In determining whether a person used or exerted the person's
professional relationship with the child to engage in sexual intercourse,
other sexual conduct (as defined in IC 35-31.5-2-221.5), or any
fondling or touching with the intent to arouse or satisfy the sexual
desires of the child or the person under this section, the trier of fact
may consider one (1) or more of the following:
(1) The age difference between the person and the child.
(2) Whether the person was in a position of trust with respect to
the child.
(3) Whether the person's conduct with the child violated any
ethical obligations of the person's profession or occupation.
(4) The authority that the person had over the child.
(5) Whether the person exploited any particular vulnerability of
the child.
(6) Any other evidence relevant to the person's ability to exert
undue influence over the child.
(t) This subsection does not apply to a workplace supervisor who
had a dating relationship with the child before the child was employed
at the place of employment. A workplace supervisor who:
(1) is at least four (4) years older than a child who is less than
eighteen (18) years of age;
(2) supervises the child at the child's place of employment; and
(3) uses or exerts the workplace supervisor's supervisory
relationship with the child to engage with the child in:
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(A) sexual intercourse;
(B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
or
(C) any fondling or touching with the child with the intent to
arouse or satisfy the sexual desires of the child or the
workplace supervisor;
commits child seduction.
(u) In determining whether a workplace supervisor used or exerted
the workplace supervisor's relationship with the child to engage in
sexual intercourse, other sexual conduct (as defined in
IC 35-31.5-2-221.5), or any fondling or touching with the intent to
arouse or satisfy the sexual desires of the child or the workplace
supervisor, the trier of fact may consider one (1) or more of the
following:
(1) The age difference between the workplace supervisor and the
child.
(2) Whether the workplace supervisor was in a position of trust
with respect to the child.
(3) Whether the workplace supervisor suggested to the child that
engaging or not engaging in sexual activity with the workplace
supervisor would or could affect the child at the child's place of
employment.
(4) The authority that the workplace supervisor had over the child.
(5) Whether the workplace supervisor exploited any particular
vulnerability of the child.
(6) Any other evidence relevant to the workplace supervisor's
ability to exert undue influence over the child.
(v) Child seduction under this section is:
(1) a Level 6 felony if the child is at least sixteen (16) years of age
but less than eighteen (18) years of age and the person or law
enforcement officer engaged in any fondling or touching with the
intent to arouse or satisfy the sexual desires of:
(A) the child; or
(B) the person or law enforcement officer;
(2) a Level 5 felony if the child is at least sixteen (16) years of age
but less than eighteen (18) years of age and the person or law
enforcement officer engaged in sexual intercourse or other sexual
conduct (as defined in IC 35-31.5-2-221.5) with the child;
(3) a Level 5 felony if the child is at least fourteen (14) years of
age but less than sixteen (16) years of age and the person or law
enforcement officer engaged in any fondling or touching with the
intent to arouse or satisfy the sexual desires of:
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(A) the child; or
(B) the person or law enforcement officer;
(4) a Level 4 felony if the child is at least fourteen (14) years of
age but less than sixteen (16) years of age and the person or law
enforcement officer engaged in sexual intercourse or other sexual
conduct (as defined in IC 35-31.5-2-221.5) with the child;
(5) a Level 3 felony if the child is thirteen (13) years of age or
under and the person or law enforcement officer engaged in any
fondling or touching with the intent to arouse or satisfy the sexual
desires of:
(A) the child; or
(B) the person or law enforcement officer; and
(6) a Level 2 felony if the child is thirteen (13) years of age or
under and the person or law enforcement officer engaged in
sexual intercourse or other sexual conduct (as defined in
IC 35-31.5-2-221.5) with the child.
SECTION 88. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law enforcement
officer or a person assisting the officer while the officer is
lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the authorized
service or execution of a civil or criminal process or order of a
court; or
(3) flees from a law enforcement officer after the officer has, by
visible or audible means, including operation of the law
enforcement officer's siren or emergency lights, identified himself
or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except as
provided in subsection (c).
(b) A person who, having been denied entry by a firefighter, an
emergency medical services provider, or a law enforcement officer,
knowingly or intentionally enters an area that is marked off with barrier
tape or other physical barriers, commits interfering with public safety,
a Class B misdemeanor, except as provided in subsection (c) or (k). (j).
(c) The offense under subsection (a) or (b) is a:
(1) Level 6 felony if:
(A) the person uses a vehicle to commit the offense; or
(B) while committing the offense, the person:
(i) draws or uses a deadly weapon;
(ii) inflicts bodily injury on or otherwise causes bodily injury
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to another person; or
(iii) operates a vehicle in a manner that creates a substantial
risk of bodily injury to another person;
(2) Level 5 felony if:
(A) while committing the offense, the person operates a
vehicle in a manner that causes serious bodily injury to another
person; or
(B) the person uses a vehicle to commit the offense and the
person has a prior unrelated conviction under this section
involving the use of a vehicle in the commission of the
offense;
(3) Level 3 felony if, while committing the offense, the person
operates a vehicle in a manner that causes the death or
catastrophic injury of another person; and
(4) Level 2 felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death or catastrophic injury of a firefighter, an
emergency medical services provider, or a law enforcement
officer while the firefighter, emergency medical services provider,
or law enforcement officer is engaged in the firefighter's,
emergency medical services provider's, or officer's official duties.
(d) The offense under subsection (a) is a Level 6 felony if, while
committing an offense under:
(1) subsection (a)(1) or (a)(2), the person:
(A) creates a substantial risk of bodily injury to the person or
another person; and
(B) has two (2) or more prior unrelated convictions under
subsection (a); or
(2) subsection (a)(3), the person has two (2) or more prior
unrelated convictions under subsection (a).
(e) If a person uses a vehicle to commit a felony offense under
subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
penalty imposed for the offense, the court shall impose a minimum
executed sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1) prior
unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior unrelated
convictions under this section.
(f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
minimum sentence imposed under subsection (e) may not be
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suspended.
(g) If a person is convicted of an offense involving the use of a
motor vehicle under:
(1) subsection (c)(1)(A), if the person exceeded the speed limit by
at least twenty (20) miles per hour while committing the offense;
(2) subsection (c)(2); or
(3) subsection (c)(3);
the court may notify the bureau of motor vehicles to suspend or revoke
the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
court shall inform the bureau whether the person has been sentenced
to a term of incarceration. At the time of conviction, the court may
obtain the person's current driver's license and return the license to the
bureau of motor vehicles.
(h) A person may not be charged or convicted of a crime under
subsection (a)(3) if the law enforcement officer is a school resource
officer acting in the officer's capacity as a school resource officer.
(i) (h) A person who commits an offense described in subsection (c)
commits a separate offense for each person whose bodily injury,
serious bodily injury, catastrophic injury, or death is caused by a
violation of subsection (c).
(j) (i) A court may order terms of imprisonment imposed on a
person convicted of more than one (1) offense described in subsection
(c) to run consecutively. Consecutive terms of imprisonment imposed
under this subsection are not subject to the sentencing restrictions set
forth in IC 35-50-1-2(c) through IC 35-50-1-2(d).
(k) (j) As used in this subsection, "family member" means a child,
grandchild, parent, grandparent, or spouse of the person. It is a defense
to a prosecution under subsection (b) that the person reasonably
believed that the person's family member:
(1) was in the marked off area; and
(2) had suffered bodily injury or was at risk of suffering bodily
injury;
if the person is not charged as a defendant in connection with the
offense, if applicable, that caused the area to be secured by barrier tape
or other physical barriers.
SECTION 89. IC 36-1-8.5-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1.5. As used in this chapter,
"correctional services provider" means a person who provides:
(1) health care services; or
(2) mental health and addiction services;
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to an individual who is lawfully detained (as described in
IC 35-31.5-2-186) in a facility operated by the state or a political
subdivision, regardless of whether the person is an employee or a
contractor.
SECTION 90. IC 36-1-8.5-2, AS AMENDED BY P.L.180-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. As used in this chapter, "covered person"
means any of the following:
(1) A judge.
(2) A law enforcement officer.
(3) An address confidentiality program participant.
(4) A public official.
(5) The surviving spouse of a person described in subdivision (2),
if the person was killed in the line of duty.
(6) An employee of the department of child services.
(7) A current or former probation officer.
(8) A current or former community corrections officer.
(9) A regular, paid firefighter or a volunteer firefighter (as defined
in IC 36-8-12-2).
(10) A correctional services provider.
(10) (11) Any person who resides in the same household as a
person described in subdivisions (1) through (9). this section.
SECTION 91. IC 36-8-2.1-3, AS ADDED BY P.L.271-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. As used in this chapter, "police department"
means a police department established by:
(1) a county;
(2) a city;
(3) a town;
(4) the state;
(5) a school corporation (as described under IC 20-26-16); or
(6) a postsecondary educational institution (as described under
IC 21-17-5-2 or IC 21-39-4-2); or
(7) a hospital under IC 16-18-4.
SECTION 92. IC 36-8-4-10, AS AMENDED BY P.L.110-2010,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) Subject to subsection (c), the board or
persons having the authority to employ members of the fire or police
department shall give a preference for employment according to the
following priority:
(1) A war veteran who has been honorably discharged from the
armed forces of the United States armed forces. under
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conditions other than conditions set forth in
IC 10-17-12-7.5(2).
(2) A person whose mother or father was a:
(A) firefighter of a unit;
(B) municipal police officer; or
(C) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
(b) Subject to subsection (c), the board or person having the
authority to employ members of a fire or police department may give
a preference for employment to any of the following:
(1) A police officer or firefighter laid off by another city under
section 11 of this chapter.
(2) A county police officer laid off by a sheriff's department under
IC 36-8-10-11.1.
(3) A person who:
(A) was employed full-time or part-time by a township to
provide fire protection and emergency services; and
(B) has been laid off by the township.
(c) A person described in subsection (a) or (b) may not receive a
preference for employment unless the person:
(1) applies; and
(2) meets all employment requirements prescribed:
(A) by law, including physical and age requirements; and
(B) by the fire or police department.
SECTION 93. IC 36-8-4.7-3, AS ADDED BY P.L.115-2016,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. As used in this chapter, "armed forces" means
the active and reserve components of the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Space Force.
(5) (6) The United States Coast Guard.
(6) (7) The Indiana National Guard.
SECTION 94. IC 36-8-4.7-5, AS ADDED BY P.L.115-2016,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) Notwithstanding any contrary law, an
appointing authority shall waive any age restriction for a person not
more than forty (40) years and six (6) months of age that applies to the
appointment and hiring of an individual as:
(1) a member of the police department; or
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(2) a member of the fire department;
if the individual meets the requirements of subsection (b).
(b) An individual who meets all the following requirements is
entitled to the waiver described in subsection (a):
(1) On the date the individual applies to be appointed and hired
as:
(A) a member of the police department; or
(B) a member of the fire department;
the individual is a veteran who has completed at least twenty (20)
years of military service.
(2) The individual received or is eligible to receive an honorable
a discharge from the armed forces of the United States under
conditions other than conditions set forth in
IC 10-17-12-7.5(2).
(3) The individual meets all other requirements for appointment
and hiring as:
(A) a member of the police department; or
(B) a member of the fire department;
including all physical requirements.
(c) An individual who is entitled to the waiver described in
subsection (a) is eligible to become a member of the 1977 fund.
SECTION 95. IC 36-8-5-8, AS AMENDED BY P.L.84-2016,
SECTION 181, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8. (a) A police officer or firefighter
desiring to return to service in the police or fire department shall report
to the person responsible for regulating and employing members of the
department. This action must be taken within sixty (60) days after
honorable discharge a discharge under conditions other than
conditions set forth in IC 10-17-12-7.5(2) from military service or
government war work.
(b) Within fifteen (15) days after the police officer or firefighter
reports to the department, the police officer or firefighter shall be
placed on duty at the rank held at the time of entering military service
or government war work.
(c) If a member of the police or fire department is refused a proper
assignment under subsection (b), the member of the police or fire
department may file an action in the circuit court, superior court, or
probate court of the county in the manner prescribed by IC 36-8-3-4.
SECTION 96. IC 36-8-10-10.4, AS AMENDED BY P.L.110-2010,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10.4. (a) Subject to subsection (c), the board shall
give a preference for employment according to the following priority:
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(1) A war veteran who has been honorably discharged from the
armed forces of the United States armed forces. under
conditions other than conditions set forth in
IC 10-17-12-7.5(2).
(2) A person whose mother or father was a:
(A) firefighter of a unit;
(B) municipal police officer; or
(C) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
(b) Subject to subsection (c), the board may give a preference for
employment to any of the following:
(1) A member of another department laid off under section 11.1
of this chapter.
(2) A police officer laid off by a city under IC 36-8-4-11.
(c) A person described in subsection (a) or (b) may not receive a
preference for employment unless the person:
(1) applies; and
(2) meets all employment requirements prescribed:
(A) by law, including physical and age requirements; and
(B) by the department.
SECTION 97. IC 36-8-10.5-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1.5. As used in this chapter,
"department" refers to the department of homeland security
established by IC 10-19-2-1.
SECTION 98. IC 36-8-10.5-7.5, AS AMENDED BY P.L.187-2021,
SECTION 142, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 7.5. (a) Except as provided in
subsection (b), an individual whose employment by a fire department
as a full-time firefighter begins after December 31, 2009, must
complete the training for Firefighter I and Firefighter II during the
firefighter's first year of employment. The fire department that employs
a firefighter shall report to the education board department when the
firefighter has completed the training requirements established by this
subsection.
(b) The education board department may grant a firefighter any
number of extensions of six (6) months to complete the training
required under subsection (a). An extension must be requested by the
fire department that employs the firefighter. An extension may be
requested for any reason, including the following:
(1) The firefighter has been attending training in accordance with
section 8 of this chapter in any of the following:
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(A) Hazardous materials.
(B) Paramedic training.
(C) Emergency medical technician training.
(D) Technical training.
(2) The firefighter was unable to complete the training due to
economic reasons.
(c) The education board department shall determine whether a
firefighter receives an extension under this section.
SECTION 99. IC 36-8-10.5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) The training may
be conducted at:
(1) a location within the political subdivision employing a
full-time firefighter;
(2) the headquarters of the volunteer fire department where a
volunteer firefighter is seeking membership; or
(3) any other facility where the training is offered.
(b) The training must be conducted by personnel certified as
instructors by the education board. department.
SECTION 100. IC 36-8-10.5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 9. The education board
department shall certify fire personnel who successfully complete the
minimum basic training requirements.
SECTION 101. IC 36-8-10.5-12, AS ADDED BY P.L.72-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. (a) The best practices fund is established for
the purpose of providing matching grants to political subdivisions and
volunteer fire departments to purchase equipment and other gear to
implement best practices established under section 11 of this chapter.
(b) The fund shall be administered by the education board.
department.
(c) The fund consists of:
(1) appropriations from the general assembly; and
(2) amounts deposited from any other public or private source.
(d) The expenses of administering the fund shall be paid from
money in the fund.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet 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.
(f) Money in the fund at the end of the state fiscal year does not
revert to the state general fund.
(g) The education board department shall adopt rules under
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IC 4-22-2 to implement this section.
SECTION 102. IC 36-8-13-3, AS AMENDED BY P.L.255-2017,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) The executive of a township, with the
approval of the legislative body, may do the following:
(1) Purchase firefighting and emergency services apparatus and
equipment for the township, provide for the housing, care,
maintenance, operation, and use of the apparatus and equipment
to provide services within the township but outside the corporate
boundaries of municipalities, and employ full-time or part-time
personnel to operate the apparatus and equipment and to provide
services in that area. Preference in employment under this section
shall be given according to the following priority:
(A) A war veteran who has been honorably discharged from
the armed forces of the United States armed forces. under
conditions other than conditions set forth in
IC 10-17-12-7.5(2).
(B) A person whose mother or father was a:
(i) firefighter of a unit;
(ii) municipal police officer; or
(iii) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
The executive of a township may give a preference for
employment under this section to a person who was employed
full-time or part-time by another township to provide fire
protection and emergency services and has been laid off by the
township. The executive of a township may also give a preference
for employment to a firefighter laid off by a city under
IC 36-8-4-11. A person described in this subdivision may not
receive a preference for employment unless the person applies for
employment and meets all employment requirements prescribed
by law, including physical and age requirements, and all
employment requirements prescribed by the fire department.
(2) Contract with a municipality in the township or in a
contiguous township that maintains adequate firefighting or
emergency services apparatus and equipment to provide fire
protection or emergency services for the township in accordance
with IC 36-1-7.
(3) Cooperate with a municipality in the township or in a
contiguous township in the purchase, maintenance, and upkeep of
firefighting or emergency services apparatus and equipment for
use in the municipality and township in accordance with
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IC 36-1-7.
(4) Contract with a volunteer fire department that has been
organized to fight fires in the township for the use and operation
of firefighting apparatus and equipment that has been purchased
by the township in order to save the private and public property
of the township from destruction by fire, including use of the
apparatus and equipment in an adjoining township by the
department if the department has made a contract with the
executive of the adjoining township for the furnishing of
firefighting service within the township.
(5) Contract with a volunteer fire department that maintains
adequate firefighting service in accordance with IC 36-8-12.
(6) Use money in the township's rainy day fund to pay costs
attributable to providing fire protection or emergency services
under this chapter.
(b) This subsection applies only to townships that provide fire
protection or emergency services or both under subsection (a)(1) and
to municipalities that have some part of the municipal territory within
a township and do not have a full-time paid fire department. A
township may provide fire protection or emergency services or both
without contracts inside the corporate boundaries of the municipalities
if before July 1 of a year the following occur:
(1) The legislative body of the municipality adopts an ordinance
to have the township provide the services without a contract.
(2) The township legislative body passes a resolution approving
the township's provision of the services without contracts to the
municipality.
In a township providing services to a municipality under this section,
the legislative body of either the township or a municipality in the
township may opt out of participation under this subsection by adopting
an ordinance or a resolution, respectively, before July 1 of a year.
(c) This subsection applies only to a township that:
(1) is located in a county containing a consolidated city;
(2) has at least three (3) included towns (as defined in
IC 36-3-1-7) that have all municipal territory completely within
the township on January 1, 1996; and
(3) provides fire protection or emergency services, or both, under
subsection (a)(1);
and to included towns (as defined in IC 36-3-1-7) that have all the
included town's municipal territory completely within the township. A
township may provide fire protection or emergency services, or both,
without contracts inside the corporate boundaries of the municipalities
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if before August 1 of the year preceding the first calendar year to which
this subsection applies the township legislative body passes a
resolution approving the township's provision of the services without
contracts to the municipality. The resolution must identify the included
towns to which the resolution applies. In a township providing services
to a municipality under this section, the legislative body of the
township may opt out of participation under this subsection by adopting
a resolution before July 1 of a year. A copy of a resolution adopted
under this subsection shall be submitted to the executive of each
included town covered by the resolution, the county auditor, and the
department of local government finance.
SECTION 103. [EFFECTIVE UPON PASSAGE] (a) As used in
this SECTION, "division" means the department of education's
division of school building physical security and safety established
by IC 20-19-3-14, before its repeal by this act.
(b) As used in this SECTION, "office" means the department of
homeland security's office of school safety established by
IC 10-19-3.5-4, as added by this act.
(c) On July 1, 2025, all agreements and liabilities of the division
are transferred to the office, as the successor agency.
(d) On July 1, 2025, all records and property of the division,
including appropriations and other funds under the control or
supervision of the division, are transferred to the office, as the
successor agency.
(e) After July 1, 2025, any amounts owed to the division before
July 1, 2025, are considered to be owed to the office, as the
successor agency.
(f) After July 1, 2025, a reference to the division in a statute,
rule, or other document is considered a reference to the office, as
the successor agency.
(g) This SECTION expires July 1, 2026.
SECTION 104. An emergency is declared for this act.
HEA 1637 — CC 1
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1637 — CC 1Every fact on this page links to its source, starting with the official bill record.