| HB1001 | STATE BUDGET. (THOMPSON J) Appropriates money for capital expenditures, the operation of the state, K-12 and higher education, the delivery of Medicaid and other services, and various other distributions and purposes. Requires a researcher to execute a data sharing agreement that is approved by the management performance hub to receive access to confidential records. Provides that the auditor of state is also known as the state comptroller. Provides that, after June 30, 2023, the auditor of state shall use the title "state comptroller" in conducting state business, in all contracts, on business cards, on stationery, and with other means of communication as necessary. Establishes the attorney general contingency fee fund. Establishes the: (1) state opioid settlement fund; and (2) local opioid settlement fund; into which funds received from opioid litigation settlements must be deposited. Provides that the office of the inspector general shall provide informal advisory opinions and that the opinions are confidential. Allows the budget committee to submit the budget report and budget bill or bills to the governor on or before the second Monday of January, or the third Monday of January in the year in which a gubernatorial election is held (instead of before that date). Requires the state personnel department to require a contractor, when contracting for health care coverage for state employees, to use value based coverage. Repeals a provision that makes a state general fund appropriation to the board of trustees of the Indiana public retirement system if the money available in the special death benefits fund is insufficient to pay death benefit claims. Allows the Indiana economic development corporation (IEDC) to certify an applicable tax credit that exceeds the maximum allowable amount after review by the budget committee. Provides that the regional economic acceleration and development initiative program expires June 30, 2026. Specifies that the county or municipality that did not approve the relocation of an outdoor advertising sign is responsible for compensation of the taking of the outdoor advertising sign. Provides that an owner may relocate an outdoor advertising sign that is subject to a pending eminent domain action. Allows an individual to claim an increased exemption amount for a dependent child in the first year in which the exemption amount may be claimed for the child. Reduces the individual income tax rate to 2.9% by 2027 and eliminates all trigger provisions in current law. Establishes the regional public safety training fund. Repeals provisions relating to the establishment of the: (1) Indiana homeland security foundation; (2) Indiana homeland security fund; and (3) fire training infrastructure fund. Allows certain members of the public employees' retirement fund or Indiana state teachers' retirement fund to file an election to begin receiving retirement benefits while holding a position. Changes the state police pre-1987 benefit and supplemental pension benefit calculation from being based on the sixth year of service to the fourth year of service. Repeals the public mass transportation fund. Repeals the financial responsibility compliance verification fund. Changes the number of years of service on which the salary matrix for state police employees is based to 15 years (instead of 20 years). Requires the department of correction to deposit the amount appropriated for the county misdemeanant fund by a county's multiplier. Requires the office of Medicaid policy and planning (office) to: (1) develop a schedule for the review of Medicaid reimbursement rates; and (2) provide a copy of the schedule to the budget committee; not later than November 1, 2023. Creates the residential water testing fund to test the water supply of an individual property owner of an eligible township. Requires the director of the state personnel department to submit a revision or adjustment to a pay plan developed for state employees to the state budget committee for review before the revision may take effect. Provides that the general assembly shall convene: (1) on the second Tuesday after the first Monday in June for the first regular technical session; and (2) on the second Tuesday after the first Monday in May for the second regular technical session. Provides that a technical session is not required to convene if the president pro tempore and the speaker jointly issue an order that convening is not necessary. Requires the general assembly to convene no later than the fourth Monday in January after organization day. Repeals provisions relating to emergency sessions and makes conforming amendments. Recouples the state earned income tax credit qualifications with the federal earned income tax credit qualifications under the Internal Revenue Code as in effect January 1, 2023. Requires a contractor that provides tangible personal property incorporated into real property in a project located in an innovation development district to maintain records of all state gross retail and use tax paid or collected during a state fiscal year. Adds state adjusted gross income taxes paid by an individual who is not an employee with respect to income received for services performed in an innovation development district for purposes of calculating income tax incremental amounts. Establishes the commission on improving the status of children fund to support the staffing and operations of the commission. Provides that a part of state user fees shall be deposited in the Indiana secured school fund. Repeals the distribution schedule for appropriations made for certain child development programs. Requires the department of local government finance to prepare an annual report and abstract concerning property tax data (instead of the auditor of state). Deletes reimbursement rate parameters for reimbursement of managed care organizations under the healthy Indiana plan. Extends the sunset of the collection of hospital assessment fees and health facility quality assessment fees from June 30, 2023, to June 30, 2025. Increases the total number of adult learner students at the Excel Centers for Adult Learners and Christel House DORS centers for whom the school may receive state funding. Establishes the Indiana education scholarship account donation fund to accept donations for administration of the Indiana education scholarship account program. Repeals the special education fund. Establishes a state tax credit for a taxpayer that makes certain qualified child care expenditures in providing child care to the taxpayer's employees. Extends provisions for the gasoline tax and the special fuel tax rates. Amends a statute concerning powers and duties of a regional water, sewage, or solid waste district established under prior law. Extends the sunset for the invasive species council and fund from July 1, 2023, to July 1, 2031. Prohibits school corporations and charter schools from charging a fee for curricular materials to students. Provides that the parent of a student or an emancipated minor who attends an accredited nonpublic school and who meets financial eligibility requirements may request reimbursement of fees charged for curricular materials. Establishes the curricular materials fund. Requires a county auditor to distribute a portion of revenue received from an operations fund levy imposed by a school corporation located in certain counties to certain charter schools (excludes school corporations that are designated as a dist |
| | Current Status: | 5/4/2023 - Public Law 201
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1002 | EDUCATION AND WORKFORCE DEVELOPMENT. (GOODRICH C) Establishes the: (1) career scholarship account program (CSA program); (2) career scholarship account program fund; (3) career scholarship account administration fund; (4) career scholarship account donation fund; (5) connecting students with careers fund; (6) teacher higher education and industry collaboration grant program and fund; (7) career coaching grant fund; and (8) intermediary capacity building fund. Provides that the department of education (department), in consultation with the commission for higher education (commission), shall designate and approve a course sequence, career course, modern youth apprenticeship, apprenticeship, or program of study for grants under the CSA program. Provides for revocation of the approval if the sequence, course, modern youth apprenticeship, apprenticeship, or program of study fails to achieve an adequate outcome, as determined by the department, in consultation with the commission. Establishes eligibility requirements to participate in the CSA program. Provides that the commission may approve participating entities that meet certain requirements to participate in the CSA program. Provides that grant amounts that career scholarship students receive are not included in adjusted gross income for tax purposes. Provides that, beginning July 1, 2024, certain school corporations shall include instruction for all students regarding career awareness. Provides that the state board of education (state board), in consultation with the commission, shall create certain standards for a career awareness course. Requires the department to collect and aggregate certain data. Requires the department to publish on the department's website a list of skill competencies identified by certain approved participating entities. Requires the state board, in consultation with the department, to establish new high school diploma requirements. Removes a provision that provides that a student who satisfies an Indiana diploma with a Core 40 with academic honors designation through a certain alternative course shall not count toward a school's honor designation award. Requires the commission to create a list of approved intermediaries, employers, and labor organizations. Requires certain high school and college students to meet with an approved postsecondary educational institution, an intermediary, an employer, or a labor organization. Requires certain committed offenders to meet with an intermediary, employer, or labor organization. Provides that during each school year, a public high school must hold at least one career fair during regular school hours. Amends requirements for certification of qualified education programs by INvestED Indiana. Repeals certain provisions in law regarding a comprehensive navigation and coaching system and career coaching grant fund and requires the commission to: (1) develop and implement a comprehensive career navigation and coaching system for Indiana; and (2) award grants from the career coaching grant fund to certain eligible entities to establish or implement comprehensive career navigation and coaching systems. Provides that the department shall approve career coaching providers for the purpose of eligibility for a career coaching grant. Provides that the commission shall receive, distribute, and account for all funds received for career and technical education under the Carl D. Perkins Vocational and Applied Technology Act. Requires the department to establish and maintain an online platform that allows teachers to access and share information regarding connecting daily classroom lessons with innovations in workplace practices and postsecondary education research. Repeals provisions relating to the industry collaboration certification program. Repeals and replaces a definition of "participating entity" with "ESA participating entity". |
| | Current Status: | 5/4/2023 - Public Law 202
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1004 | HEALTH CARE MATTERS. (SCHAIBLEY D) Establishes the health care cost oversight task force and sets forth duties of the task force. Provides a credit against state tax liability to certain physicians who have an ownership interest in a physician practice and meet other eligibility criteria. Allows a credit against the state tax liability of an employer with fewer than 50 employees if the employer has adopted a health reimbursement arrangement in lieu of a traditional employer provided health insurance plan and if the employer's contribution toward the health reimbursement arrangement meets a certain standard. Requires the office of the secretary of family and social services to research and compile data concerning Medicaid reimbursement rates for Indiana and all other states and the national reimbursement rate average. Requires the submission of a report to the health care cost oversight task force and the general assembly. Establishes the payer affordability penalty fund. Specifies additional information that a hospital must report to the Indiana department of health in the hospital's annual report and establishes a fine for a hospital that fails to timely file the report. Provides that a bill for health care services provided by certain qualified providers in an office setting must be submitted on an individual provider form. Prohibits an insurer, health maintenance organization, employer, or other person responsible for the payment of the cost of health care services from accepting a bill that is submitted on an institutional provider form. Repeals language requiring a hospital to hold a public forum. Requires the department of insurance to contract with a third party to calculate an Indiana nonprofit hospital system's prices from certain health plans for specified calendar years. Before November 1, 2024, and before November 1 each subsequent year, requires the department's third party contractor to compare certain Indiana nonprofit hospital system facility pricing information with 285% of Medicare. Requires the calculations to be submitted as a report for review. Provides that a health care provider that enters into: (1) a value-based health care reimbursement agreement; and (2) an electronic medical records access agreement; with a health plan may qualify to participate in the health plan's program to reduce or eliminate prior authorization requirements. Requires a health plan that establishes a program to reduce or eliminate prior authorization requirements to provide certain information to health care providers concerning the program. Requires a third party administrator, insurer, or health maintenance organization that has contracted with a person to administer a self-funded insurance plan or a fully insured group plan to provide claims data to the person not later than 15 days from a request for the data. Specifies certain claims data to be provided and establishes a fine for a failure to timely provide the claims data. Requires the all payer claims data base advisory board to discuss specified issues concerning reimbursement rates. Allows for the provisional credentialing of physicians who establish or join an independent primary care practice. |
| | Current Status: | 5/4/2023 - Public Law 203
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1005 | HOUSING. (MILLER D) Establishes the residential housing infrastructure assistance program (program) and residential housing infrastructure assistance revolving fund (fund). Provides that the Indiana finance authority (authority) shall administer the fund and program. Provides that political subdivisions may apply to the fund for loans for certain infrastructure projects related to the development of residential housing. Provides that money in the fund may not be used for: (1) debt repayment; (2) maintenance and repair projects; (3) upgrading utility poles; or (4) consulting or engineering fees for studies, reports, designs, or analyses. Provides that loans from the fund must be allocated as follows: (1) 70% of the money in the fund must be used for housing infrastructure in municipalities with a population of less than 50,000. (2) 30% of the money in the fund must be used for housing infrastructure in all other political subdivisions. Requires the authority to establish a project prioritization system for the purpose of awarding loans from the fund, and specifies the criteria that must be included in the project prioritization system. Allows the authority to establish a leveraged loan program to or for the benefit of program participants. Requires the public finance director to prepare an annual report of the fund's activities for the legislative council and the budget committee. Provides that the fiscal body of a county may adopt an ordinance to designate an economic development target area. Removes the threshold conditions for establishing a residential housing development program and a tax increment allocation area for the program, including the condition that the governing body of each school corporation affected by the program pass a resolution approving the program before the program may go into effect. Changes the duration of a residential housing development program from 25 years (under current law) to 20 years after the date on which the first obligation for program is incurred. Makes a continuing appropriation. |
| | Current Status: | 5/4/2023 - Public Law 204
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1006 | MENTAL HEALTH PROGRAMS. (STEUERWALD G) Specifies the circumstances under which a person may be involuntarily committed to a facility for mental health services and specifies that these services are medically necessary when provided in accordance with generally accepted clinical care guidelines. Establishes a local mental health referral program to provide mental health treatment for certain persons who have been arrested. Repeals obsolete provisions and makes technical corrections. |
| | Current Status: | 5/4/2023 - Public Law 205
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1013 | INDIANA DEPARTMENT OF HEALTH. (SNOW C) Changes references from the state department of health to the Indiana department of health. Provides directions for publication of affected provisions. Makes technical corrections. (The introduced version of this bill was prepared by the code revision commission.) |
| | Current Status: | 4/20/2023 - Public Law 56
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| HB1016 | POLICE AND FIRE MERIT SYSTEMS. (PRESSEL J) Allows a fire protection district or fire protection territory to establish a merit system. Provides that unless a resolution or ordinance to establish a merit system is rejected not later than December 31, 2024, a merit system is established on January 1, 2025, for eligible: (1) city and town police and fire departments and township fire departments; and (2) fire protection districts and fire protection territories. Provides that the merit system may be dissolved after January 1, 2025. Requires a unit, district, or territory to vote to either retain or dissolve the merit system after January 1, 2029, and before January 31, 2029. Repeals a provision containing definitions and moves the definitions to another location. |
| | Current Status: | 5/4/2023 - Public Law 207
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1025 | FIREFIGHTER DISCIPLINE. (TORR J) Provides that a fire department of a fire protection district or fire protection territory is subject to certain disciplinary and due process requirements. |
| | Current Status: | 4/20/2023 - Public Law 57
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| HB1034 | INCOME TAX EXEMPTION FOR MILITARY PAY. (FRYE R) Exempts military pay for members of a reserve component of the armed forces of the United States or the national guard from the individual income tax. (Current law provides an individual income tax exemption for members of a reserve component of the armed forces of the United States or the national guard for the period the member is mobilized and deployed.) Exempts military pay earned by members of an active component of the armed forces of the United States from the individual income tax. (Current law exempts from the individual income tax the military pay earned by members of the National Guard and reserve components of the armed forces of the United States while serving on active duty.) |
| | Current Status: | 5/1/2023 - Public Law 121
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1040 | REQUIREMENTS FOR ELECTED OFFICIALS. (LEHMAN M) Provides that if an examination of an audited entity is unable to be performed because the audited entity's accounts, records, files, or reports are not properly maintained or reconciled, the entity may be declared unauditable. Requires an unauditable entity to bring its accounts, records, files, or reports into an auditable condition within 90 days. Requires the state board of accounts (SBOA) to publish a list of entities declared to be unauditable on the SBOA's website. Provides that if an entity is declared unauditable and the fiscal officer is unable to perform the fiscal requirements of their position, the entity is required to hire outside assistance for guidance or to perform the fiscal requirements. Clarifies an exception regarding the liability of an elected official for acts that constitute gross negligence or intentional disregard of the official's duties. Requires the SBOA to annually call a conference for: (1) city and town controllers and clerk-treasurers, newly appointed city and town controllers, and city and town clerk-treasurers elect; and (2) township trustees and township trustees elect. Provides that elected officials must attend training every two years and that the SBOA shall keep attendance of elected officials and publish it on the SBOA's website. Makes an exception for school corporation treasurer personal liability. Provides that if there is an office of town clerk-treasurer that is vacant, and the town legislative body is unable to fill the office, the town legislative body may either: (1) enter into a local agreement with the town clerk-treasurer and town legislative body of another town in the state to assist a selected town legislative body member in performing the duties of the clerk-treasurer's office; or (2) enter into a contract with a certified public accountant to assist the town legislative body member in performing the duties of the clerk-treasurer's office. (Current law provides that the town legislative body may only enter into a contract with a certified public accountant after the town legislative body is unable to reach an agreement with another town.) Provides that if, after reasonable diligence, a town may hire any qualified person to perform the duties of the clerk-treasurer's office until the vacancy can be filled, or until the end of the current clerk-treasurer's term, whichever is first. Provides that newly elected officials shall complete five hours of training before taking office. Provides that elected officials shall certify completion of training requirements to the SBOA annually. Excludes self-supporting school lunch and the rental or sale of curricular materials as programs that may be established as separate funds. Repeals obsolete provisions. Makes technical corrections. |
| | Current Status: | 4/20/2023 - Public Law 58
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/18/2023 - Signed by the President of the Senate
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| HB1041 | STATE BOARD OF ACCOUNTS. (LEHMAN M) Provides that the state board of accounts (SBOA) is designated as the independent external auditor of audited entities and is subject to applicable professional accounting standards. Requires annual reports to be prepared, verified, and filed with the state examiner as set forth in the uniform compliance guidelines. Requires all appointments of field examiners be made solely upon the ground of fitness in accordance with professional accounting and auditing standards. Provides that if an examination of an audited entity is unable to be performed because the audited entity's accounts, records, files, or reports are not properly maintained or reconciled, the audited entity may be declared to be unauditable. Provides that an audited entity that is declared unauditable shall bring its accounts, records, files, or reports into an auditable condition within 90 days. Requires the SBOA to publish a list of audited entities declared unauditable on its website. Revises conditions under which the state examiner may undertake an examination based on a violation of the law. Requires the SBOA to approve a request by an audited entity to opt out of examinations and engage a certified public accountant to conduct examinations if, within the last six years, the SBOA has not issued an examination or special investigation report critical of the audited entity's internal controls and there have been no adverse reports. Provides that the SBOA may terminate its approval of the use of a certified public accountant if certain requirements are not met. Revises the provision regarding field examiner traveling expenses. Makes changes to certain reporting, resolution, and disclosure requirements. Simplifies the provision regarding parties and a plaintiff's right of recovery. Removes provisions regarding additional powers of the state examiner and attorney general. Provides that if the attorney general brings an action against an official bond, official bonds, or a crime insurance policy, the cause may be brought in the name of the state of Indiana upon the relation of the attorney general as plaintiff. Repeals a provision regarding the withdrawal or removal of counties from solid waste management districts. Repeals a provision regarding bonds and crime policies for faithful performance. Repeals a provision regarding examination reports, requisites, performance of public works, and SBOA powers. Repeals a provision regarding copies of reports filed with libraries, public inspections, and request renewals. Makes technical and conforming changes. |
| | Current Status: | 4/20/2023 - Public Law 59
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/18/2023 - Signed by the President of the Senate
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| HB1046 | TRANSPORTATION MATTERS. (MORRISON A) Provides that a transit development district may be established in a municipality that is located in a county that is a member of the development authority and has operated regularly scheduled commuter bus services to Chicago, Illinois, with prior financial assistance from the development authority, and shuttle bus services that transport riders to a train station or a regular train stop along the Chicago to South Bend line. Provides for a public transportation corporation located in a county having a population of more than 185,000 and less than 200,000 to expand service beyond the boundary of the county to an adjacent county if the counties have entered into an interlocal cooperation agreement to expand service. |
| | Current Status: | 5/4/2023 - Public Law 210
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1048 | TECHNICAL CORRECTIONS. (ENGLEMAN K) Addresses technical errors in the Indiana Code, including spelling, tabulation, formatting, grammatical, and cross-reference issues. Makes conforming amendments to align the style of population parameter wording. (The introduced version of this bill was prepared by the code revision commission.) |
| | Current Status: | 4/5/2023 - Public Law 11
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| | Recent Status: | 4/5/2023 - SIGNED BY GOVERNOR
3/23/2023 - Signed by the President Pro Tempore
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| HB1049 | TRANSPORTATION MATTERS. (PRESSEL J) Provides that the department of transportation (department) may accept a proposal and award a contract for the construction, improvement, or maintenance of a road if the lowest responsive and qualified bid is less than $3,000,000. (Current law says if the lowest responsive and qualified bid is less than $1,000,000.) Provides that the department may accept a proposal and award a contract for the construction, improvement, or maintenance of a road if the lowest responsive and qualified bid is one of three or more bids received by the department for the contract. (Current law says if the lowest responsive and qualified bid is one of four or more bids received by the department for the contract.) Authorizes the department to use construction manager general contractor and progressive design-build delivery methods for certain projects. Defines a "bicycle traffic control signal". Provides that a person may cautiously enter an intersection and make a left turn if turning from the left lane or a designated left-turn lane of a one-way street into another one-way street with the flow of traffic. Provides for the requirements and explanations of colors for bicycle traffic control signals exhibiting colored lights. Urges the legislative council to assign certain topics to an existing study committee. Makes conforming and technical changes. |
| | Current Status: | 4/20/2023 - Public Law 60
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/18/2023 - Signed by the President of the Senate
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| HB1050 | VARIOUS MOTOR VEHICLE MATTERS. (PRESSEL J) Adds an exception to the disposition of surplus personal property by a governmental body. Expands the definition of "alternative fuel" to include hydrogen, hythane, electricity, or any other fuel used to propel a motor vehicle on a highway that is not subject to certain taxes. Provides for the taxation of motor carriers using alternative fuels other than butane or propane. Provides that a carrier subject to certain imposed motor vehicle taxes is exempt from submitting to the department of state revenue (department) quarterly reports of the operations of commercial motor vehicles giving rise to the carrier's tax liability as the department may require under certain circumstances. Provides that a carrier that is exempt from the quarterly reporting requirements: (1) must continue to file a quarterly return to obtain a promotional use credit; (2) is required to keep books and records; and (3) is exempt from certain requirements regarding an annual permit, a cab card, and an emblem. Provides that a person who is living in Indiana and has been granted parole is included in the definition of "Indiana resident". Defines "lawful status". Repeals the term "credential". Defines "physical credential". Provides that the bureau of motor vehicles (bureau) may issue a driver's license, permit, or identification card to certain individuals granted parole in the United States under 8 U.S.C. 1182(d)(5). Provides that the bureau may issue rules, including emergency rules, to provide a driver's license, permit, or identification card to certain individuals granted parole, as well as registrations and certificates of title for motor vehicles of certain individuals granted parole. Provides for when a credential issued by the bureau must be in the form of a physical credential or a mobile credential. Provides for the form of the mobile credential. Provides that, beginning July 1, 2023, and each year thereafter, the bureau is required to provide the executive director of the legislative services agency the name of a special group for whom: (1) 10 years have elapsed since the special group was admitted into the special group recognition license plate program; or (2) 10 years have elapsed since the previous review of the special group by the interim study committee on roads and transportation. Provides that if a special group was subject to a decennial review before July 1, 2023, then the next review occurs in the year which is a multiple of 10 years after the year of the special group's admittance to the special group recognition license plate program. Prohibits a consolidated city from installing a sign prohibiting a turn at a steady red signal. Specifies the calculation for the amount of the supplemental fee for hybrid and electric vehicles. Requires a person who drives a vehicle approaching a disabled stationary vehicle with flashing hazard warning signals to do either of the following, while proceeding with due caution: (1) Yield the right-of-way by making a lane change into a lane not adjacent to that of the disabled stationary vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle. (2) Reduce the speed of the vehicle to a speed at least 10 miles per hour less than the posted speed limit, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe. Provides that a person who does not yield the right-of-way or reduce the speed of the person's vehicle commits a Class B infraction. Provides that the term "driver training school" does not include a business enterprise that educates or trains a person or prepares a person to operate a commercial motor vehicle. Allows a driver training school to administer a driving skills test to an individual who holds a valid learner's permit. Provides that certain entities are immune from civil liability for an act or omission occurring during a motorcycle operator safety course that results in an injury or property damage. Provides that administrative procedures of the bureau do not apply to a hearing requested by a nonresident regarding the suspension of the driving privileges of the nonresident for failure to meet the terms of a citation. Provides that a document preparation fee that is less than $200 is permitted and does not constitute an unfair practice. Provides civil immunity for a dealer in an action regarding the resale of a buyback vehicle if the dealer had a reasonable good faith belief the vehicle was not a buyback vehicle. Provides for the process for suspending the Indiana driving privileges of a minor who is an Indiana resident for failing to appear or answer a traffic summons. Makes conforming changes. |
| | Current Status: | 5/4/2023 - Public Law 211
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1055 | PUBLIC SAFETY MATTERS. (FRYE R) Increases the number of deputies, from two to six, that a town marshal may have to participate in the town marshal training program (Tier II training program) established by the law enforcement training board (board). Requires the board to adopt rules establishing a conservancy district marshal basic training program. Adds a district marshal or deputy district marshal to certain definitions of "police officer", "officer", or "law enforcement officer".
Makes changes to certain definitions of "law enforcement officer" to include officers employed by a hospital police department, conservancy district marshals, and deputy conservancy district marshals. Defines "district marshal". Provides that a conservancy district (district) in which each director of the board has been elected to the board may employ a district marshal or deputy district marshal. Provides that the district marshal is the chief police officer of the district and has the powers of other law enforcement officers in enforcing laws. Makes changes to the jurisdiction of a hospital police department. Provides that a member of a city police or fire department is not subject to residency requirements. Eliminates a provision that provides that a city with a population of less than 7,500 may adopt an ordinance that requires a member of a city police or fire department to reside within the county in which the city is located. Provides that members of the police and fire departments of a town or special service district are not subject to residency requirements but must: (1) have adequate means of transportation into the jurisdiction served by the member's department; and (2) maintain telephone service to communicate with the department. Provides that members of the fire department of a township, fire protection district, or fire protection territory are not subject to residency requirements but must: (1) have adequate means of transportation into the jurisdiction served by the member's department; and (2) maintain telephone service to communicate with the department. Repeals provisions: (1) relating to the establishment of residency requirements for a police or fire department of a town with a population of less than 7,500; (2) relating to the establishment of residency requirements for a township fire department of a township with a population of less than 7,500; and (3) that exempt a member of a town police or fire department or a township fire department from residency requirements under certain circumstances. Repeals a provision relating to the jurisdiction of hospital police departments. |
| | Current Status: | 5/1/2023 - Public Law 122
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1069 | AIRPORTS. (CHERRY B) Voids an administrative rule concerning eligibility of projects for which funding is available from the airport development grant fund (grant fund) and relocates (with stylistic changes) the contents of the voided administrative rule. Requires the Indiana department of transportation, in determining the match for a state grant for which federal grants are not available, to: (1) consider the airport classification and the type of project; and (2) require matching funds of at least 25%. |
| | Current Status: | 5/1/2023 - Public Law 123
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1132 | LAND USE TASK FORCE. (CULP K) Creates the land use task force to study and make recommendations concerning: (1) areas where food insecurity exists; (2) development growth trends in rural, suburban, and urban communities across Indiana; and (3) other community growth issues. |
| | Current Status: | 5/1/2023 - Public Law 124
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1142 | LAW ENFORCEMENT RECORDINGS. (PRESCOTT J) Provides that the direct cost that a state or local agency may charge for providing a copy of a law enforcement recording (recording) includes labor costs incurred to: (1) obscure nondisclosable information in the recording; and (2) perform an administrative review of the recording to determine if all nondisclosable information has been obscured. Specifies that the costs of reviewing and obscuring nondisclosable electronic data may not exceed reasonable attorney's fees if the actions are performed by an attorney. Provides that if a court issues an order for disclosure of a law enforcement recording, any copy of the recording must be made by the public agency. Makes a technical correction. |
| | Current Status: | 4/20/2023 - Public Law 64
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| HB1157 | RESIDENTIAL HOUSING DEVELOPMENT PROGRAM. (MOED J) Makes the following changes regarding Marion County redevelopment: (1) Revises allocation area requirements for the redevelopment commission (commission) to establish a housing program. (2) Allows the commission to establish a residential housing development program (residential housing program) and a tax increment funding allocation area for the residential housing program, if the construction of new houses fails to reach a benchmark. Requires the department of local government finance, in cooperation with the city of Indianapolis, to determine eligibility for the residential housing program. Specifies the rights, powers, privileges, and immunities of the commission in implementing a residential housing program. |
| | Current Status: | 5/1/2023 - Public Law 126
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1160 | WORKFORCE DEVELOPMENT PILOT PROGRAMS. (CLERE E) Provides that the commission for higher education may establish an education and career support services pilot program to provide career and support services to adult students of state educational institutions. Provides that the office of the secretary of family and social services (FSSA), in consultation with Erskine Green Training Institute and the department of workforce development, may establish a manufacturing workforce training pilot program to provide training and other services to: (1) individuals with intellectual and other developmental disabilities; and (2) incumbent workers who are identified to fill higher paying jobs as a result of increased workforce participation by individuals with intellectual and other developmental disabilities. Specifies requirements and permitted actions for each pilot program. Requires FSSA to amend administrative rules. |
| | Current Status: | 5/4/2023 - Public Law 216
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1167 | LIVE STREAMING AND ARCHIVING MEETINGS. (SMALTZ B) Requires governing bodies of state and local agencies (excluding a state supported college or university) to provide, on a publicly accessible platform: (1) live transmissions of public meetings; and (2) an archive of copies of the live transmissions with links to any meeting agendas, minutes, or memoranda. Provides that if a governing body does not have Internet capability for live transmission of public meetings, the governing body shall record the meeting. Provides that transmissions and recordings of public meetings may be destroyed after 90 days. |
| | Current Status: | 5/1/2023 - Public Law 127
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1173 | UTILITY SCALE BATTERY ENERGY STORAGE SYSTEMS. (PRESSEL J) Provides that a person may not: (1) construct a new utility scale battery energy storage system (BESS); or (2) expand the capacity of an existing BESS by more than 10% of the system's original capacity; without the prior approval of the department of homeland security (department). Sets forth information that must be included in an application to the department for approval of the construction or expansion of a BESS. Provides that: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; must comply with the National Fire Protection Association's standard concerning stationary energy storage systems (NFPA 855). Provides that the total capacity of the batteries contained within a single enclosure in: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; may not exceed 10 megawatt hours unless authorized under rules adopted by the fire prevention and building safety commission (commission). Provides that if a BESS installed after June 30, 2023, is located less than 1/2 mile from the nearest 100 year flood plain, all of the system's equipment must be located at least two feet above the 100 year frequency flood elevation. Requires the operator of a BESS to: (1) provide a copy of the operator's emergency response plan for the BESS; and (2) offer training to enable effective response to a fire or contaminant discharge at the BESS; to the fire department responsible for providing fire protection services in the area in which the BESS is located. Authorizes the commission to adopt rules to specify standards for the installation and operation of a BESS. Provides that the commission's rules: (1) must be consistent with NFPA 855; and (2) must include standards for: (A) chemical spill prevention and control; and (B) appropriate setbacks from surface water resources. Requires the department to issue to the interim study committee on energy, utilities, and telecommunication, not later than November 1, 2023, a report regarding the progress of the commission in adopting rules addressing the installation and operation of a BESS. |
| | Current Status: | 5/4/2023 - Public Law 217
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1196 | CDL TRAINING REGARDING HUMAN TRAFFICKING. (MCNAMARA W) Provides that the bureau of motor vehicles shall require an applicant who is applying for a commercial driver's license for the first time to attest to having watched an instructional video on how to recognize, prevent, and report human trafficking. |
| | Current Status: | 5/1/2023 - Public Law 128
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1200 | ALCOHOLIC BEVERAGES AND TOBACCO. (BARTELS S) Adds the following to the definition of "entertainment complex": (1) A premises located within a five mile (instead of four mile) radius of the center of a consolidated city. (2) A premises used as a museum of fine arts. (3) A premises that has a 200 person audience capacity and artist housing. Provides that a primary source of supply, manufacturer, or wholesaler may supply equipment on a temporary and nondiscriminatory basis to the holder of a retailer permit or a temporary permit for the purpose of holding, storing, and dispensing product to consumers for a special event for the duration of the special event. Makes the following changes regarding breweries: (1) Removes a requirement that the 90,000 barrel limit per calendar year applies to beer manufactured at a brewery located in Indiana. (2) Allows a small brewery to receive, bottle, and package beer from another small brewery if certain requirements are met. (3) Allows a small brewery to sell or transfer beer to certain food manufacturers for the purpose of adding or integrating the beer into a product or recipe. (4) Provides that a product that contains transferred beer may not contain more than 0.5% of alcohol by volume when the product leaves the food manufacturer's facility. Provides for permits for beer or liquor dealer employees who deliver alcoholic beverages. Increases, within a certain historic district, the number of alcoholic beverage restaurant permits from 10 to 15, and changes certain other requirements. Allows the alcohol and tobacco commission (commission) to issue a certain number of three-way permits to sell alcoholic beverages for on-premises consumption in the: (1) cities of Auburn, Kendallville, and Warsaw; and (2) towns of Winona Lake and Syracuse. Permits the issuance of three new three-way permits and three new two-way permits to the town of Whitestown. Requires the commission to issue a beer dealer's permit and a wine dealer's permit to an eligible grocery store. Increases the limit on the amount of liquor that an artisan distiller may produce in a calendar year from 10,000 to 20,000 gallons. Amends the conditions in which a minor can lawfully be in a room on a licensed premises in which is located a bar over which alcoholic beverages are sold or dispensed by the drink. Modifies the definition of "tobacco product", for purposes of the law concerning issuance of a tobacco sales certificate, to include a product that contains nicotine and is not approved by the federal Food and Drug Administration for tobacco cessation. Provides that an e-liquid distributor shall purchase and distribute e-liquid from an: (1) Indiana e-liquid manufacturer that has a valid e-liquid manufacturing permit; or (2) Indiana e-liquid distributor that has a valid e-liquid manufacturing permit or a valid tobacco distributor's license. |
| | Current Status: | 5/4/2023 - Public Law 220
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1204 | ENFORCEMENT OF WEIGHT LIMITS FOR OVERWEIGHT LOADS. (KARICKHOFF M) Defines "aggregate". Provides that a penalty for transporting a load in excess of the registered limit of the load for the transporting vehicle does not apply to a vehicle or combination of vehicles that transports aggregate if the weight of the vehicle with load does not exceed the gross weight limit and the axle weight limit by more than 10%. Provides for when the department of state revenue (department) may assess a civil penalty for a vehicle or load that is in excess of the legal weight or dimensional limits. Provides for the penalties the department may charge for a violation. Urges the legislative council to assign to the appropriate interim study committee the task of studying civil penalty assessments and the enforcement of overweight loads as it pertains to the impact on state infrastructure. |
| | Current Status: | 5/1/2023 - Public Law 130
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1207 | 911 FEES. (KARICKHOFF M) Authorizes the statewide 911 board to increase the following fees one time in the period beginning after April 30, 2023, and ending before July 1, 2026: (1) The enhanced prepaid wireless charge. (2) The statewide 911 fee. (Current law allows the board to adopt one time increases to each fee in the period that began after April 1, 2020, and ends before July 1, 2023.) |
| | Current Status: | 5/1/2023 - Public Law 131
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1209 | DESTINATION DEVELOPMENT CORPORATION FOUNDATION. (KARICKHOFF M) Allows the destination development corporation (corporation) to establish a nonprofit subsidiary corporation to solicit and accept private sector funding, gifts, donations, bequests, devises, and contributions. Provides that the state examiner may waive the examination of the corporation and a nonprofit subsidiary corporation by the state board of accounts, if the board of the corporation engages an independent certified public accounting firm to conduct an examination of: (1) the corporation and the corporation's funds, accounts, and financial affairs; and (2) a nonprofit subsidiary corporation; in accordance with the uniform compliance guidelines, directives, and standards established by the state board of accounts. |
| | Current Status: | 4/20/2023 - Public Law 68
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| HB1210 | INDIANA DESTINATION DEVELOPMENT CORPORATION BOARD. (KARICKHOFF M) Adds a member to the Indiana destination development corporation board. Makes conforming changes. |
| | Current Status: | 4/20/2023 - Public Law 69
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| HB1211 | WELDING CERTIFICATIONS ON PUBLIC WORKS PROJECTS. (KARICKHOFF M) Requires that contractors on a public works project meet certain standards relating to the welding of structural steel. |
| | Current Status: | 4/20/2023 - Public Law 70
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| HB1252 | IMMUNITY FOR ESCORT OF A BANNED PERSON. (HATFIELD R) Specifies that under the tort claims act, a governmental entity or employee acting within the scope of employment is not liable for loss resulting from injury to a person or property of a person who is: (1) under supervision of a governmental entity; and (2) subject to a court order requiring the person to be escorted by a county police officer while the person is on or in a government building owned by a county building authority. Provides exceptions to this immunity. |
| | Current Status: | 5/1/2023 - Public Law 135
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1256 | ARCHIVES AND RECORD ADMINISTRATION. (PIERCE M) Amends related definitions. Allows the attorney general to retain and publish records and opinions in electronic format. Amends various duties for the Indiana archives and records administration (administration). Removes the requirement that the administration follow procedures and forms prescribed by the federal government in implementing a forms management program. Requires the administration to establish standards for the design, redesign, numbering, standardization, consolidation, or elimination of forms used by state government. Provides that the administration must apply the definition of "record" to certain governmental materials. Requires a state agency to do the following: (1) Submit recommended retention schedules to the administration. (2) Follow the standards developed by the administration when creating and revising state forms. (3) Designate an agency forms coordinator to manage the creation and revision of state forms belonging to the agency and serve as a liaison between the agency and the administration. (4) Designate an agency records coordinator to coordinate the creation and revision of agency records retention schedules, educate agency staff on records management processes, and serve as a liaison between the agency and the administration. Removes certain duties of the oversight committee on public records. Makes conforming changes. |
| | Current Status: | 5/4/2023 - Public Law 222
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1266 | CYBER CIVILIAN CORPS PROGRAM ADVISORY BOARD. (JUDY C) Establishes the Indiana cyber civilian corps program advisory board (board). Provides for the membership of the board. Requires the adjutant general to provide staff support for the board. Requires the board to provide findings and recommendations concerning the establishment of an Indiana cyber civilian corps program to the legislative council. |
| | Current Status: | 5/4/2023 - Public Law 223
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1286 | TOXICOLOGY SCREENING FOR XYLAZINE. (MELTZER J) Provides that, if the coroner reasonably suspects the cause of the person's death to be accidental or intentional overdose of an opioid or if the person was administered an overdose intervention drug prior to death and was unresponsive to the overdose intervention drug, the coroner shall test certain bodily fluids to determine whether the bodily fluid contained any amount, including a trace amount, of xylazine at the time of the person's death. |
| | Current Status: | 4/20/2023 - Public Law 71
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| HB1287 | HOME DETENTION. (MELTZER J) Allows a court to place a person convicted of certain crimes directly in a community corrections program. Provides that a violation of certain terms of a community corrections program placement constitutes escape. Repeals the offense of unauthorized absence from home detention, a Class A misdemeanor. Repeals a provision that requires the court to suspend a period of an individual's sentence if placed in a community corrections program. Provides that if a person on home detention knowingly and intentionally: (1) leaves the person's home; (2) remains outside of the person's home; or (3) travels to an unauthorized location; in violation of the home detention order and without written permission commits escape, a Level 6 felony. Provides that the court may not suspend the minimum sentence for a Level 3 felony if the person has a juvenile adjudication for certain offenses committed within three years of the commission of the Level 3 felony. Specifies that a person sentenced to work release in a community corrections program receives one day of accrued time for each day the person is confined on work release. (Current law only specifies that a person on home detention earns accrued time.) Makes conforming changes. |
| | Current Status: | 4/20/2023 - Public Law 72
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| HB1293 | CORONERS. (VANNATTER H) Provides that if a person dies under certain circumstances in a county that is not the county where the incident occurred resulting in the death, the county coroner where the death occurred may not bill the county where the incident occurred for the costs of the autopsy, unless the coroners of both counties agree as to the necessity of an autopsy. Provides the following: (1) Allows a coroner to determine the means of copying an original record of the coroner. (2) With the exception of a record concerning a death subject to a criminal investigation or proceeding, allows a coroner to destroy or transfer the original record at the time determined by the coroner after copying the record. Provides that a coroner is immune from criminal liability for destroying a public record if the coroner acts in accordance with the coroner's authority to copy and destroy the coroner's records. Removes a requirement that the county fix the compensation of a coroner who is a licensed physician at 1.5 times the compensation of a coroner who is not a licensed physician for coroners who are elected or reelected in the 2024 general election and thereafter. |
| | Current Status: | 4/20/2023 - Public Law 73
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/18/2023 - Signed by the President of the Senate
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| HB1315 | HOME WARRANTIES AND REGULATION OF RESIDENTIAL STRUCTURES. (MILLER D) Allows a builder to disclaim implied warranties for a new home that is first occupied by a person renting the home as a residence from the initial home buyer. Allows a builder to disclaim implied warranties on a model home in the same manner as a home that is first occupied as a residence. Prohibits regulation of a mobile home, a manufactured home, or an industrialized residential structure on private property (other than within a mobile home community) based on age. Allows the owner of a legal, nonconforming residential structure on private property that is damaged or destroyed to replace or repair the structure without losing legal nonconforming use status as long as the structure continues to be used for residential purposes. Provides that a comprehensive plan and ordinance in a county (other than Marion County) may not preclude the installation of manufactured homes that exceed a certain width (in addition to a certain square footage) as permanent residences on a lot on which any other type of dwelling unit may be placed. Provides that after June 30, 2023, a mobile home, a manufactured home, or an industrialized residential structure is not considered a new home or model home subject to the provisions concerning home warranties. Prohibits a county, city, or town from exercising its planning and zoning authority in a way that differentiates between fraternity and sorority houses on the sole basis of whether the fraternity or sorority is officially approved or recognized by the college or university. |
| | Current Status: | 5/1/2023 - Public Law 137
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1316 | IFA APPROVAL AND REVOLVING LOAN PROGRAMS. (MILLER D) Provides that a participant may issue and sell bonds to the Indiana finance authority (authority) without the requirement of an increase to the user rates and charges of the participant. Provides that the bonds must be issued under a resolution or ordinance and the proceeds must be used to carry out the purposes allowed by the program. Defines the term "independent evaluator" for purposes of non-revenue water audits. Requires a water utility to annually perform an audit of its water distribution system through the use of the latest version of the American Water Works Association's free water audit software or other methodology software to determine the causes of the water utility's non-revenue water. Provides that the issuance, by the ports of Indiana, of both taxable and tax exempt revenue bonds of the state, payable solely from revenues for the purpose of paying all or any part of the cost of a port or project, is subject to the prior approval of the authority. Provides for the appointment of a nine member board of directors of the Indiana Secondary Market for Education Loans, Inc. (ISMEL). Provides that ISMEL may only borrow money after consulting with the authority not less than three months before ISMEL begins the process of borrowing money. Requires ISMEL to, at least 30 days prior to the issuance or placement of any bond, note, or other instrument, report to the budget committee the estimated amount of the bonds. |
| | Current Status: | 5/4/2023 - Public Law 224
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1321 | PUBLIC SAFETY TRAINING. (GARCIA WILBURN V) Requires the law enforcement training board to establish minimum standards for basic training and annual inservice training that address the mental health and wellness of law enforcement officers. Requires the executive training program to include training in mental health and wellness and suicide prevention of law enforcement officers. Provides that the mental health and wellness training may be provided online or by other means of virtual instruction. Provides that full-time firefighters' minimum training and annual training requirements must include mental health and wellness training. Requires certain persons who provide emergency medical services to obtain mental health and wellness training as a condition of licensure and certification. |
| | Current Status: | 5/1/2023 - Public Law 139
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1334 | ABSENTEE VOTING. (WESCO T) Provides that an agency of the state or a political subdivision may not provide an individual with an application for an absentee ballot unless requested by the individual or a member of the individual's family. Provides that an absentee ballot application must request that the applicant include: (1) certain identification numbers; or (2) a photocopy of: (A) the applicant's Indiana driver's license, (B) the applicant's Indiana identification card number for nondrivers, or (C) other specified proof of identification. Provides that the application form must state that an applicant may include only one of the identification numbers or one of the documents, but the application may be delayed if the county election board cannot match at least one of the numbers with the voter's registration record. Allows an individual to provide, for purposes of accessing an absentee ballot application submitted in an electronic format: (1) the individual's Indiana identification card number for nondrivers; or (2) the unique identifying number assigned to the voter's registration record in the computerized list; as an alternative to the options available under current law. (Current law requires the provision of the individual's Indiana driver's license number or the last four digits of the individual's Social Security number.) Specifies that certain information and documentation is confidential. Specifies when a county voter registration office is required to redact particular confidential information. Requires a county election board to implement specified procedures if the county election board cannot match at least one of the numbers with the voter's registration record. Requires the bureau of motor vehicles (BMV) to provide particular information each day to the secretary of state (secretary) and the election division. Requires the secretary and the election division to provide specified information to each county voter registration office. Specifies that if certain information provided by the BMV is not a part of the voter's registration record, the county voter registration office shall update the voter's registration record to include this information. Requires a circuit court clerk or director of a board of elections and registration (clerk) to transmit certain information to an applicant who submits an application to receive an absentee ballot by mail if the application does not fully comply with particular laws. Specifies a process by which a clerk may: (1) deliver a second absentee ballot application; (2) approve a second absentee ballot application; and (3) provide an absentee ballot; to a voter who timely submits a defective application to receive an absentee ballot. Provides that a voter who receives an absentee ballot under certain provisions may return the voted ballot: (1) in person to the absentee voter board; or (2) to the county election board; before the deadline for receipt of absentee ballots. Requires uniform application if a clerk uses this provision. Makes conforming changes. |
| | Current Status: | 5/1/2023 - Public Law 140
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1335 | VARIOUS ELECTION LAW MATTERS. (WESCO T) Modifies the date associated with references in the election code to a federal statute or regulation. Removes and updates obsolete date references from Indiana election law. Specifies additional requirements for a certificate of ascertainment of presidential electors. Modifies the day of the week that presidential electors must assemble to elect the President and Vice President of the United States. |
| | Current Status: | 5/1/2023 - Public Law 141
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1336 | VARIOUS ELECTION LAW MATTERS. (WESCO T) Adds the U.S. Space Force to the definition of "uniformed services" in election law. Provides that electronic signatures may be used for the reporting of campaign contributions and expenditures. Provides that election form approval procedures do not apply to a form incorporated only into the statewide voter registration system. Makes other technical changes relating to approval of election forms. Provides that a statute prohibiting the use of the circuit court clerk's name on a ballot if the clerk is a candidate for an office on the ballot does not apply if the only office for which the individual is a candidate is a political party office. Requires a candidate to specify on the candidate's candidacy document each designation that the candidate wants to use on the ballot. Requires the election division to design all candidacy documents so that the form of the document enables the candidate to insert in a separate field of the document each of the separate designations that a candidate is permitted to use under election law. Provides that an individual is considered to have resigned as an elected official of a unit when the person becomes an employee of the unit the individual serves as an elected official. Provides that certain mailings required by election law be sent by first class mail with tracking rather than by certified mail. Provides that a statute that permits removal and fining of a precinct election officer who fails to perform duties is applicable to an absentee voter board member and to an absentee ballot counter. Authorizes a county election board to permit individuals who are candidates for certain political party offices and relatives of such individuals to serve as precinct election officers if the county election board finds that enough individuals are not available to serve as precinct election officers. Requires the bureau of motor vehicles commission to forward the voter registration part of an application and any declination to register to the election division for transmittal to the appropriate county voter registration office. Adds law enforcement agencies that receive voter registrations to the list of voter registration agencies that are not subject to certain requirements relating to filing voter registration applications. Provides that the statewide voter registration system must contain a feature that identifies potential nonresidential addresses submitted on voter registration applications. Provides additional procedures for updating a copy of a voter's original signature in the statewide voter registration file. Adds judges of city and town courts to the list of officials that must file a statement of economic interest before filing a candidacy document. Provides that an officeholder is not entitled to salary until a statement of economic interest is filed, if required. Provides that, for purposes of determining whether a candidate is affiliated with a particular major political party, the candidate must have voted in that party's two most recent primary elections. (Under current law, a candidate is required to have voted in the political party's most recent primary election.) Provides that if an election district is included entirely within one precinct, and does not include the entire precinct, the petition of nomination must be signed by at least five voters of the election district. Provides that if a special election to fill a vacancy in the office of United States Representative is held on the same day of the election to elect the individual to serve in the succeeding term, an individual may appear on the ballot as a candidate in both elections. Provides that in such an election for United States Representative, the ballot must list the election to fill the office vacancy immediately after the election for the next term of the office. Requires the chair of a political committee to file a final report for a treasurer if the treasurer has died or is otherwise unable to file the report. Provides that the statute requiring reporting of "large" campaign contributions does not require the reporting of a contribution unless it is accepted by the candidate's candidate committee. Provides language for printing on ballots when no candidate has filed for the office. Eliminates the requirement that counties send duplicate copies of state election returns to the election division. Provides that a county executive is not required to establish precincts so that a precinct contains not more than 2,000 active voters or 2,300 active voters if the precinct is in a county designated as a vote center county. Provides that in addition to precinct boundaries, the name of a precinct as included in the federal decennial census data becomes the official name of the precinct. Requires that a ballot be arranged so that all candidates for the same office appear on the same page or the same screen. Permits the use of an electronic device at a precinct or vote center to display a sample ballot. Provides procedures for ballot layout when a candidate dies or is no longer eligible to appear on the ballot. Requires a circuit court clerk who receives an absentee ballot application from a voter who is not registered to vote in the county to send the application to the circuit court clerk of the county in which the voter is registered. Provides that the designation of a voter as an absent uniformed services voter, an overseas voter, or a voter with print disabilities expires January 1 after such a voter has submitted an absentee ballot application indicating such designation. Provides that, after December 31, 2024, all absentee ballots must be printed on security paper that incorporates features that can be used to authenticate the ballot. Provides that a voter must file residence documentation before 6 p.m. on election day. Provides that only the individuals who are permitted to be in the polls on election day are permitted to be in the room where early absentee voting is occurring. Provides that a county election board may send a signed form from a public test to the election division by electronic mail or fax. Provides that an application fee for certification of a voting system does not apply if the application is for a de minimis change. Authorizes the repurposing of an electronic poll book unit as a device to display sample ballots if the electronic poll book software is deleted from the unit. Requires absentee ballot counters to begin counting absentee ballots beginning at 6:00 a.m. on election day if certain conditions are met. Provides that if there is a discrepancy on political party primary ballot choice between the federal write-in absentee ballot and the federal post card application, the federal post card application supersedes the federal write-in absentee ballot. Provides that if an individual who holds a local office is elected to another term in that office and subsequently dies or is disqualified before the next term is scheduled to begin, a vacancy is created that must be filled as otherwise provided by law. Adjusts the schedule for conducting a post-election audit if a contest or recount has been filed affecting the county. Provides that a notice of death of a local office holder is required to be filed only with the circuit court clerk. (Under current law, notice must also be filed with the prosecuting attorney.) Exempts a member of a fiscal or legislative body from assuming certain duties during a vacancy. Requires a magistrate to depos |
| | Current Status: | 5/4/2023 - Public Law 227
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1401 | ASSESSMENT OF WIND POWER DEVICES. (NEGELE S) Requires a public utility company that owns or operates a wind power device after a change in ownership of the wind power device to report, when filing its first statement of value and description of property with the department of local government finance (department), the valuation of the device at the same valuation amount that the previous owner reported on the previous owner's last annual report before the change in ownership if the valuation amount that the acquiring public utility company would otherwise enter on its first report is lower than the valuation amount at which the previous owner valued the wind power device before the change in ownership. Requires the new owner, for years subsequent to the first year after the change in ownership, to calculate and report the valuation of the wind power device in accordance with: (1) the statute concerning the taxation of public utility companies; and (2) rules prescribed by the department. Provides that for any year subsequent to the first year after the change in ownership of a wind power device, the department, in determining the just value of the property, shall not consider valuations determined by another governmental agency. Provides that these requirements do not apply to a public utility company that owns or operates one or more wind power devices and that has signed or countersigned an economic development agreement, or another financial agreement, that is entered into: (1) with the county in which the public utility company's wind power devices are located; and (2) for the purpose of repowering, or upgrading the technology used in, the wind power devices; before a sale or transfer of the wind power devices. Requires the department to make necessary conforming changes to the annual report form. Requires the Indiana utility regulatory commission to include a provision in an order declining to exercise jurisdiction over a public utility company that: (1) owns or operates one or more wind power devices; or (2) plans to own or operate one or more wind power devices; requiring the public utility to notify the department of any change in ownership of the wind power devices. Requires that before November 1, 2024, and before November 1, 2025, the department shall prepare, submit in an electronic format, and present a report on: (1) the valuation of wind power devices; and (2) the department's progress in implementing the bill's provisions; to the interim study committee on energy, utilities, and telecommunications. Amends the Indiana Code provision that sets forth how the department is to determine the just value of the property of a public utility company to provide an exception from the specified procedures with respect to the determination of the just value of wind power devices. |
| | Current Status: | 5/1/2023 - Public Law 144
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1402 | SEWAGE MATTERS. (PRESSEL J) Provides that a wastewater utility that is not subject to the jurisdiction of the Indiana utility regulatory commission (commission) and that receives wholesale wastewater service from another wastewater utility may not: (1) disconnect from wholesale wastewater service provided by the other wastewater utility; and (2) construct a new wastewater treatment plant to serve its customers; unless the wastewater utility obtains the approval of the commission. Requires: (1) a regional sewage district; or (2) certain municipalities; at least 90 days before requiring the connection of a property to a sewer system and the discontinuance of use of the property's septic system, to notify the property's owner about a statutory exemption from the requirement to connect to the sewer system that may apply to the property. Requires the Indiana department of health to update: (1) all matters incorporated by reference in the Indiana department of health rules concerning residential onsite sewage systems (the rules); and (2) all industry standard practices reflected in the rules; upon the recognition of new bulletins, standards, specifications, and industry standard practices that supersede the bulletins, standards, specifications, and industry standard practices incorporated by reference or otherwise reflected in the rules. Provides that the technical review panel must approve the updates before the Indiana department of health may update the rules. Provides that a county, city, or town ordinance that would restrict or prohibit the use of technology new to Indiana that has been approved by the technical review panel or that would otherwise vary from the rules: (1) if adopted after June 30, 2023, is not effective unless it is submitted to and approved by the technical review panel; and (2) if adopted before July 1, 2023, becomes void and unenforceable on July 1, 2023. Allows such an ordinance: (1) to be readopted by the legislative body of the county, city, or town; and (2) to be submitted to and approved by the technical review panel. Prohibits the installation of a residential onsite sewage system less than 25 feet from the edge of a sinkhole. Provides that an ordinance adopted by a local health department requiring an inspection of a septic system that is more stringent than the Indiana department of health's rule concerning residential onsite sewage systems is void and unenforceable. Provides that if a qualified professional listed in this bill has approved the design and specifications for the residential onsite sewage system, the local health department shall issue a permit for the residential onsite sewage system not more than 30 business days after receiving a complete application for the permit. Provides that a residential onsite sewage system may be installed in a lot meeting a certain description if at least one site on the lot is determined to be suitable for the installation of the residential onsite sewage system. Prohibits an employee of a local health department from entering a property to inspect a residential onsite sewage system: (1) if qualified professional listed in the bill has notified the local health department within the preceding 180 days that the residential onsite sewage system is functioning properly; or (2) if the owner or occupant has not been notified of the inspection by first class mail at least seven days before the inspection date. Provides the procedures for an owner or occupant of a property in which the local health department has determined that a residential onsite sewage system is in failure to receive a second opinion in order to withdraw the local health department's order. Provides that an individual who: (1) is registered with at least one Indiana county to provide onsite sewage system service; and (2) is certified as an inspector or installer by the Indiana Onsite Wastewater Professionals Association is entitled to provide onsite sewage system service in any county in Indiana, but may be required to pay a county license or registration fee before providing onsite sewage system service in a county other than the county in which the individual is licensed. |
| | Current Status: | 5/4/2023 - Public Law 232
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1417 | UTILITY DEFERRED COSTS AND ACCOUNTING PRACTICES. (SOLIDAY E) Amends the Indiana Code provision concerning a system of accounting for public utilities to provide the following: (1) That a public utility, municipally owned utility, or not-for-profit utility may defer for consideration by the Indiana utility regulatory commission (IURC) and for future recovery costs incurred or to be incurred in a regulatory asset, to the extent that the specific costs are incremental and are not otherwise already included for recovery in the utility's rates. (2) That preapproval of the IURC is not required for the creation of a regulatory asset. (3) That a public utility, municipally owned utility, or not-for-profit utility may recover through the utility's rates over a reasonable period, as determined by the IURC, costs that are: (A) deferred under these provisions; and (B) found to be reasonable and prudent by the IURC. Amends the Indiana Code provision concerning a public utility's depreciation account and depreciation rates to provide the following: (1) That depreciation rates shall be calculated to recover a reasonable estimate of the future cost of removing retired assets of the public utility. (2) That in a proceeding in which the costs of a capital asset are being recognized for ratemaking purposes, a public utility may account for any asset retirement obligations and recover, through rates charged to customers, reasonably and prudently incurred costs associated with asset retirement obligations, to the extent the specific asset retirement obligation costs are incremental and have not been included in depreciation rates. (3) That the IURC shall make changes in a public utility's depreciation rates as necessary to reflect changes in: (A) the public utility's estimated asset retirement costs, including all reasonable and prudent costs of removing retired assets; and (B) the estimated retirement dates of the public utility's assets. Amends the Indiana Code chapter concerning federally mandated requirements for energy utilities to specify that recovery of the 80% of IURC-approved federally mandated costs that an energy utility may recover through a rate adjustment mechanism must commence no earlier than: (A) the date of a final agency action regarding the federally mandated requirement; or (B) in the absence of a final agency action, the date on which the federally mandated requirement becomes effective. |
| | Current Status: | 4/20/2023 - Public Law 81
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| HB1418 | ANNEXATION OF RESIDENTIAL DEVELOPMENTS. (SOLIDAY E) Permits a third class city to annex an area that is a proposed residential development in which not all lots have been platted or dwellings have been constructed. Expands the area outside the city in which the annexation can occur from three miles to 4.5 miles. |
| | Current Status: | 4/20/2023 - Public Law 82
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| HB1420 | ELECTRIC TRANSMISSION FACILITIES. (SOLIDAY E) Amends the chapter in the Indiana Code concerning electric transmission facilities as follows: (1) Specifies that the term "electric transmission facility" does not include a line installed solely for the purpose of connecting an electric generation facility to facilities owned by a public utility. (2) Repeals the definition of "local reliability electric transmission facility" and makes conforming changes. (3) Amends the provisions concerning an incumbent electric transmission owner's right of first refusal to construct, own, operate, and maintain certain electric transmission facilities, or upgrades to certain electric transmission facilities, as follows: (A) Specifies that the right of first refusal applies with respect to: (ii) the construction; or (ii) upgrades; of electric transmission facilities if the construction or upgrades have been approved through a regional transmission organization (RTO) planning process. (B) Provides that if an electric transmission facility has been approved for construction through an RTO planning process: (i) each incumbent electric transmission owner that has a right to construct, own, operate, and maintain the electric transmission facility shall give written notice to the Indiana Utility Regulatory Commission (IURC), not later than 90 days after the construction is approved, regarding the incumbent electric transmission owner's intent to construct, own, operate, and maintain the approved electric transmission facility; and (ii) if an incumbent electric transmission owner gives notice of intent not to construct the approved electric transmission facility, another entity may seek to construct the approved electric transmission facility in accordance with the RTO planning process and the bill's provisions. (C) Provides that if an incumbent electric transmission owner gives to the IURC during a calendar year notice of its intent to construct, own, operate, and maintain an approved electric transmission facility, the incumbent electric transmission owner shall, not later than May 1 of the subsequent calendar year, provide the IURC with certain specified information. (D) Provides that an incumbent electric transmission owner that exercises its right to construct an approved electric transmission facility must, to the extent commercially practicable, use competitively bid engineering, procurement, or construction contracts that meet the specifications required by the incumbent electric transmission owner with respect to the facility. |
| | Current Status: | 5/1/2023 - Public Law 145
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1421 | ENERGY PRODUCTION AND RESOURCES. (SOLIDAY E) Requires the Indiana utility regulatory commission (IURC) to issue an order granting or denying an application for a certificate of public convenience and necessity (certificate) not later than 240 days after the filing of the application and the submission of the applicant's case in chief. Authorizes the IURC to issue a general administrative order establishing guidelines regarding the information to be included in an applicant's case in chief. Amends the statute providing certain financial incentives for energy utilities in connection with clean energy projects as follows: (1) Provides that a "clean energy project" includes a project to construct or repower, after July 1, 2011, a natural gas facility to displace electricity generation from an existing coal fired generation facility. (2) Provides that an "eligible business" for purposes of eligibility for incentives authorized under the statute includes a joint agency created under the Indiana Code chapter authorizing municipal electric utility programs. (3) Provides (through an amendment to a cross-referenced definition in the Indiana Code chapter governing the Indiana voluntary clean energy portfolio standard program) that for purposes of a clean energy project involving a renewable energy resource project, a "renewable energy resource" includes gas that is derived from the decomposition of organic matter and that: (A) is fully interchangeable with; or (B) can be combined with; conventional natural gas for purposes of generating electricity. (4) Provides that the IURC may provide an incentive under the statute for a project that the IURC finds to be just and reasonable (rather than "reasonable and necessary" under current law). (5) Provides that the IURC may not approve the timely recovery of costs and expenses incurred during the construction and operation of a project unless the IURC finds that recovery of the costs and expenses: (A) is just and reasonable; and (B) will result in a gross financing costs savings over the life of the project. (6) Eliminates the incentive authorizing up to three percentage points on the return on shareholder equity that would otherwise be allowed to be earned on certain clean energy projects. (7) Amends the language prescribing the time frame within which the IURC must issue a determination as to a project's eligibility for the available financial incentives to require the IURC to issue the determination not later than: (A) 120 days after the date of the application; or (B) the time frame prescribed in the bill for the IURC to grant or deny a certificate if a certificate is required for the project. Provides, for purposes of the oil and gas law (which requires the natural resources commission to adopt rules to prevent waste and prohibits actions in the extraction of coal bed methane that would waste commercially minable coal resources), that the term "waste" does not include capturing and destroying coal bed methane for a commercial purpose, including the generation of carbon credits. |
| | Current Status: | 4/20/2023 - Public Law 83
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| HB1438 | PUBLICATION OF LOCAL GOVERNMENT NOTICES. (MILLER D) Provides that a towing service is subject to the same public notice advertising rates as a government agency if the service: (1) acts as an agent of a government agency; and (2) provides the notice required to dispose of abandoned vehicles or parts. Provides for the creation of a public notice task force (task force) to study notice publication statutes for the purpose of streamlining the process and maximizing value to Indiana citizens. Provides the following: (1) The task force must publish a report with its determinations and recommendations for legislation not later than December 1, 2023. (2) The task force expires December 31, 2023. |
| | Current Status: | 4/20/2023 - Public Law 84
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| HB1454 | DEPARTMENT OF LOCAL GOVERNMENT FINANCE. (SNOW C) Provides that the term of any judgment funding bond with regard to either: (1) the city of Hobart; or (2) the Merrillville Community School Corporation; issued for the purpose of paying a property tax judgment rendered against Lake County for assessment year 2011, 2012, 2013, or 2014 shall be 25 years. Changes the sunset date for the procedure for selling certain bonds to July 1, 2025, and makes corresponding changes. Adds nonprofit building corporations created by a municipal corporation to a provision concerning the purchase of municipal securities by the treasurer of state and provides that such a security must have a stated final maturity of not more than 25 years after the date of purchase. Specifies expenses eligible for funding from the READI fund. Prohibits the department of local government finance from approving a county reassessment plan before the assessor provides verification that the land values determination has been completed. Removes language from a statute allowing a taxpayer to elect a special property tax valuation method for mini-mill equipment that prohibited the election if any outstanding bond obligations would be impaired as a result of the election. Requires an assessor determining land values to submit the values to the county property tax assessment board of appeals (PTABOA) and the department. Establishes procedures for rental property assessment appeals. Makes changes to a provision granting a property tax exemption to cemetery owners. Requires the land of controlled environment agriculture property to be classified and assessed as agricultural and the improvements to be classified and assessed as an agricultural greenhouse for property tax assessment. Prohibits a PTABOA determination of assessed value following a hearing that exceeds the original appealed assessed value at issue. Provides that a qualified taxing unit located in Lake County that has experienced a property tax revenue shortfall in one or more tax years: (1) resulting from erroneous assessed valuation figures; and (2) which was, or will be, at least $5,000,000, or 20% of its net tax levy, as a result of the erroneous assessed valuation amount; may apply to the treasurer for a loan from the counter-cyclical revenue and economic stabilization fund. Describes procedures, limitations, and uses for such loans. Limits the amount of loans to all qualified taxing units to $35,000,000. Prescribes a formula for determining a population growth of 150% for purposes of the exclusion from maximum ad valorem property tax levy limits for municipalities that meet specified criteria. Makes changes to statutes concerning maximum property tax levies for: (1) Sugar Creek Township Fire Protection District; and (2) Otter Creek Township. Amends an exclusion from the definition of "controlled project" for projects required by a court order. Extends through 2026 the authority for certain school corporations to allocate circuit breaker credits proportionately but imposes limitations with respect to school corporation eligibility to allocate such credits. Repeals the provision establishing the division of data analysis of the department. Prohibits a county auditor from denying an application for a standard deduction for a homestead because the applicant does not have a valid driver's license with the address of the homestead property. Provides that when a county auditor submits a certified statement of assessed value to the department, the county auditor shall exclude the amount of assessed value for any property located in the county for which an appeal has been filed and for which there is no final disposition. Provides that a county auditor may appeal to the department to include the amount of assessed value under appeal within a taxing district for that calendar year. Provides for the expiration of certain supplemental county property tax levy provisions on the later of: (1) January 1, 2045; or (2) the date on which all bonds or lease agreements outstanding on July 1, 2023, for which a pledge of tax revenue is completely paid. Imposes reporting and publication requirements for those bonds and leases. Removes the requirement that a PTABOA quorum must include at least one certified level two or level three assessor-appraiser. Prescribes additional duties for the department. Provides that the distressed unit appeal board (DUAB) may employ staff (instead of an executive director). Provides that the department may (instead of shall) support the DUAB's duties using money from the department's budget funding. Repeals provisions requiring the DUAB to pay the emergency manager's compensation and to reimburse the emergency manager for actual and necessary expenses. Repeals the fiscal and qualitative indicators committee (committee). Replaces references to the committee with references to the DUAB. Provides that, in the assessment of tangible property, confidential information may be disclosed to an official or employee of a county assessor or auditor. Provides that the required annual visit between a representative of the department and each county may take place virtually. Requires a township or county assessor to document any changes made to the parcel characteristics of real property from the previous year's assessment in an assessment of the real property. Provides that a township may elect to establish a township firefighting fund and a township emergency services fund in lieu of the township firefighting and emergency services fund. Provides that the excess of the proceeds of the property taxes attributable to an increase in the property tax rate for a participating unit of a fire protection territory that is established after the establishment of a tax increment financing area located outside of Marion County shall be allocated to and distributed in the form of an allocated property tax revenue pass back to the participating unit of the fire protection territory and not to the redevelopment district. Provides that the fiscal body of a county may adopt an ordinance to establish a property tax amnesty program and require a waiver of interest and penalties added before January 1, 2023, on delinquent taxes and special assessments on real property in the county if certain conditions are met. Amends provisions excluding the part of a participating unit's proceeds of property taxes imposed in certain tax increment finance areas for an assessment date with respect to which the allocation and distribution is made that are attributable to property taxes imposed to meet the participating unit's obligations to a fire protection territory. Reduces the fee, from 15% to 10%, that the department of state revenue may charge a debtor for any debts collected as a collection fee for the department's services, not including local collection assistance fees. Establishes a tax credit for an eligible taxpayer that employs certain individuals with a disability. Provides that contributions to a 529 college savings account or 529A ABLE account made after December 31, 2023, shall be considered as having been made during the taxable year preceding the contribution if certain conditions are met. Beginning in taxable year 2024, allows the Indiana economic development corporation to award a qualified taxpayer a historic rehabilitation tax credit equal to 25% or 30% of the qualified expenditures incurred in the restoration and preservation of a qualified historic structure, depending on the type of historic structure. Pro |
| | Current Status: | 5/4/2023 - Public Law 236
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1457 | PUBLIC HEALTH MATTERS. (BARRETT B) Establishes licensing standards for rural emergency hospitals. Provides that certain personal information is confidential if a complaint is filed with the Indiana department of health (department). Allows the department to analyze information submitted by entities regulated by the department for quality improvement purposes. Adds rural emergency hospitals to the statute specifying that the licensure of a rural emergency hospital does not affect the statute pertaining to the placement and adoption of children. Repeals the provision concerning a provisional license for certain hospice programs. Provides that the definition of "home health services" includes community based palliative care. Establishes standards for housing with services establishments that offer memory care services. Changes references from "venereal disease" to "sexually transmitted infection". Allows a local health officer to issue a birth, death, or stillbirth certificate from the electronic registration system regardless of the location of the filing of the record. Removes the requirement that the department develop educational materials concerning prenatal and neonatal transmission of HIV. Removes the requirement that the department be notified if certain emergency responders request test results following a potential exposure to a serious communicable disease. Changes the date that the department submits a report concerning childhood lead poisoning. Removes the exemption to a vendor of a farmer's market or roadside stand from the requirements relating to food products that are not potentially hazardous. Amends the criteria for a safety pin program (program) grant proposal. Provides that if the department approves a program grant proposal, the department shall determine the initial award amount and the amount to be distributed once the grantee meets certain performance metrics. Provides a preference for awarding grants from the program to populations with demonstrable higher need. Provides that the center for deaf and hard of hearing education shall provide assistance to classroom instruction and professionals. Makes technical and conforming changes. |
| | Current Status: | 5/1/2023 - Public Law 147
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1493 | ELIMINATION OF COSTS AND FEES IN JUVENILE COURT. (MCNAMARA W) Provides that a parent is presumed indigent for purposes of parental payment or reimbursement for services provided by the department of child services to a child adjudicated delinquent or a child in need of services. Further provides that, when the department of correction is awarded wardship of a child, the juvenile court may not order a parent to pay or reimburse the department unless the juvenile court makes a specific finding that the parent is able to pay. Removes fees and costs associated with a child alleged to be a delinquent child from the supplemental public defender services fund and the public defense administration fee. Allows the alternative dispute resolution fund (fund) to be used for guardian ad litem services. Requires the court to determine whether, when a party is charged or convicted with a crime against the person, participation in services provided by the fund poses an unreasonable risk of harm. Makes conforming changes. |
| | Current Status: | 5/1/2023 - Public Law 151
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1499 | VARIOUS TAX MATTERS. (THOMPSON J) Makes certain changes to the qualification requirements for the: (1) deduction for individuals who are at least 65 years of age; and (2) additional credit for certain homesteads. Increases the amount of the supplemental homestead deduction for property taxes first due and payable in 2024 and 2025. Provides that if a taxpayer presents an appraisal to the county property tax assessment board of appeals (county board) that meets specified requirements, the appraisal is presumed to be correct. Provides that if the county board disagrees with the taxpayer's appraisal, the county board may seek review of the appraisal or obtain an independent appraisal. Provides that after the assignment of value, the parties shall retain their rights to appeal to the Indiana board of tax review. Provides that, notwithstanding any increase in assessed value of property from the previous assessment date, the total amount of operating referendum tax that may be levied by a school corporation for taxes first due and payable in 2024 may not increase by more than 3% over the maximum operating referendum tax that could be levied by the school corporation in the previous year. Provides a calculation to be used in determining the maximum levy growth quotient in 2024 and 2025. Modifies, through December 31, 2024, the threshold amounts used for determining whether a political subdivision's project is a controlled project and whether the petition and remonstrance process or the referendum process applies based on the political subdivision's total debt service tax rate, but excludes certain projects for which a public hearing to issue bonds or enter into a lease has been conducted before July 1, 2023. Creates an exception, through December 31, 2024, to a provision subjecting a controlled project in a political subdivision with a total debt service rate of $0.80 per $100 of assessed valuation to the referendum process, if: (1) the political subdivision submits a request to the department of local government finance (DLGF) seeking a waiver of the provision; (2) the proposed controlled project is a response to a maintenance emergency; and (3) the DLGF determines that the maintenance emergency is sufficient to waive the provision. Amends an exclusion from the definition of "controlled project" for projects required by a court order. Authorizes a county fiscal body to adopt an ordinance to provide property tax relief for property tax liability attributable to homesteads for qualified individuals. Provides that a county may adopt a resolution to require a local income tax supplemental distribution to first be distributed and used to lower the county's levy freeze tax rate. Requires the DLGF to approve a county's request to decrease its levy freeze tax rate if the DLGF finds that the lower rate, in addition to the supplemental distribution amount determined under the resolution adopted by the county, would fund the levy freeze dollar amount. Requires the department of state revenue (department) to annually provide each resident individual taxpayer who paid adjusted gross income taxes in the immediately previous taxable year a taxpayer receipt statement in an electronic format explaining how the individual taxpayer's taxes are being used. Requires the department, in consultation with the budget agency, to create and administer an Internet web page on which individual taxpayers may access an estimate of the allocation of their adjusted gross income taxes to various expenditure categories for the most recent state fiscal year based on the adjusted gross income taxes paid by the taxpayer. Specifies the information that must be provided on the web page. Defines "maintenance emergency". Makes conforming changes. |
| | Current Status: | 5/4/2023 - Public Law 239
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1512 | WASTE DIVERSION AND RECYCLING. (SPEEDY M) Renames the central Indiana waste diversion pilot project the "central Indiana waste diversion project" (project). Establishes two new purposes for the project: (1) advancing research and development to enhance existing waste diversion efforts and supporting the creation of new processes and technologies that expand upon the existing universe of waste diversion and reuse of recyclable material; and (2) supporting recycling technology or programs for the return, collection, and sorting of recyclable glass, aluminum, or plastic beverage containers that are accessible to the general public and are operated by a retail merchant, a professional sports or entertainment venue, an airport, an elementary school or high school, or an institution of higher education. Extends the duration of the project from three years to four years. Requires the beginning of a second round of grant applications and awards. Provides that, in the second round, private sector persons and companies located in Hamilton, Hancock, Shelby, Johnson, Morgan, Hendricks, and Boone Counties (in addition to Marion County) may apply for grants from the program. Grant applicants must provide a financial match as determined by the Indiana recycling market development board (board). Requires the department of environmental management, for purposes of the second round, to develop and distribute grant application forms, accept grant applications, and make recommendations to the board. Authorizes the board to request additional information from a grant applicant if the board determines that the information provided does not meet certain requirements and to reopen the application process if the board determines that none of the applications submitted meet the goals of the project. Requires the board, in the second round, to award not more than a total of $2,000,000 to grant applicants. Requests the legislative council to assign to an appropriate interim study committee the task of studying various recycling topics. |
| | Current Status: | 5/1/2023 - Public Law 153
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1513 | FSSA MATTERS. (BARRETT B) Changes the name of the bureau of developmental disabilities services to the bureau of disabilities services. Removes certain members from the 211 advisory committee. Repeals Medicaid copayment provisions that: (1) require the office of the secretary of family and social services (office) to apply a copayment for certain Medicaid services; (2) require a recipient to make a copayment upon the receipt of services and for a provider not to voluntarily waive a copayment; (3) set forth exemptions from copayment requirements; and (4) require the provider to charge the maximum allowable copayment. Allows for an enrollment fee, a premium, a copayment, or a similar charge to be imposed as a condition of an individual's eligibility for the healthy Indiana plan and the children's health insurance program. Removes a prohibition on the office from: (1) requiring certain providers to submit non-Medicaid revenue information in the provider's annual historical financial report; and (2) only requesting balance sheets from certain providers that apply directly to the provider's facility. Allows the office to implement an end of therapy reclassification methodology in a successor of the RUG-IV, 48-Group model for payment of nursing facility services. |
| | Current Status: | 5/4/2023 - Public Law 241
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1557 | INVENTORY OF LOST FARMLAND. (CULP K) Directs the state department of agriculture to conduct an inventory of farmland lost in Indiana from 2010 to 2022. |
| | Current Status: | 4/20/2023 - Public Law 88
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| HB1575 | FIRE PREVENTION AND BUILDING SAFETY COMMISSION. (O'BRIEN T) Increases the size of the fire prevention and building safety commission (commission) from 11 members to 12 members. Requires commission members to represent certain defined interests or professions, beginning August 1, 2023. Requires a commission member to be a resident of Indiana, beginning August 1, 2023. Provides that a commission member serves at the pleasure of the governor. Increases the number of members required for a quorum from six members to seven members. Provides that the affirmative vote of not less than two-thirds of the commission members present and voting is necessary for purposes of adopting a rule. Provides certain procedures for the review and adoption of building codes. Provides that a local unit of government may not adopt an ordinance concerning construction and remodeling that: (1) conflicts with the statute or a building code adopted by the commission; or (2) includes more stringent or detailed requirements than those set forth in the statute or a building code adopted by the commission. Provides that this prohibition does not apply to a unit's architectural design standards or its zoning ordinances. |
| | Current Status: | 5/1/2023 - Public Law 155
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1583 | HEALTH PLANS AND AMBULANCE SERVICE PROVIDERS. (HEATON B) Amends the law requiring a health plan operator to fairly negotiate rates and terms with any ambulance service provider willing to become a participating provider with respect to the operator's health plan. Provides that, if negotiations between an ambulance service provider and a health plan operator that occur after June 30, 2022, do not result in the ambulance service provider becoming a participating provider with respect to the health plan, each party, beginning May 1, 2023, is required to provide to the department of insurance (department) a written notice: (1) reporting the unsuccessful conclusion of the negotiations; and (2) stating the points that were discussed in the negotiations but on which agreement was not reached. Requires the department, not later than May 1, 2024, to submit to the legislative council and the interim study committee on public health, behavioral health, and human services a report summarizing the written notices that the department has received from ambulance service providers and health plan operators. |
| | Current Status: | 4/20/2023 - Public Law 92
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| HB1601 | EXEMPTION FROM PERMITTING REQUIREMENTS. (BAIRD B) Provides that a forestry operation that conducts its operations in compliance with the Indiana Logging and Forestry Best Management Practices Field Guide published by the Indiana department of natural resources is exempt
from any requirement to obtain a permit from the department of natural resources or the department of environmental management concerning forestry activities confined to a waterway that has a watershed not greater than 10 square miles. Defines forestry operation. Defines waterway. |
| | Current Status: | 5/4/2023 - Public Law 247
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1609 | WORKFORCE DEVELOPMENT MATTERS. (DAVIS M) Repeals provisions concerning the work Indiana program. Defines "adult education and literacy activities" and requires that certain money appropriated by the general assembly be used for workforce preparation activities and integrated education and training. Removes or amends certain provisions regarding: (1) reimbursements to eligible providers for adult education that is provided to certain individuals; and (2) adult education grants provided to employers of eligible employees. Allows the department of workforce development to grant a specified diploma to an individual who demonstrates high school level skills through certain competency based assessments and obtains an industry recognized credential. Specifies the meaning of "authorization" for the purpose of certain provisions related to postsecondary proprietary educational institutions. Makes conforming changes. |
| | Current Status: | 5/1/2023 - Public Law 157
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1623 | ADMINISTRATIVE LAW. (BARTELS S) Establishes the government reform task force (task force). Provides for members of the task force. Requires the task force to submit a report. Prohibits the consideration of the number or amount of fines or civil penalties imposed on regulated entities by an employee in an agency's evaluation or compensation of the employee. Makes various procedural changes concerning the adoption of administrative rules, including the following: (1) Requires budget agency and office of management and budget review of a regulatory analysis of all proposed rules. (2) Requires a state budget committee review of rules adding or increasing fees, fines, or civil penalties. (3) Requires publication of the text of a proposed rule in the first public comment period and allows a proposed rule to be adopted after one public comment period if no substantive public testimony is received and the rule is not more stringent than applicable federal standards. (4) Replaces various laws granting emergency rulemaking authority with a description of the circumstances when emergency rulemaking (renamed "provisional" rules and "interim" rules) may be used, increases governor and attorney general oversight of provisional or interim rules, and adds a public comment period for interim rules. (5) Reduces from seven to five years the time in which rules need to be readopted to remain effective. (6) Requires agencies to webcast public hearings and allow remote testimony. Prohibits state standards for disposal of coal combustion residuals to be more stringent than federal standards. Allows for certain rules on certain pesticides that are more stringent than federal law. Permits a person to recover attorney's fees if an agency issues an order that is based on an invalid rule or issued without legal authority. Permits an applicant or licensee to recover damages if a professional or occupational licensing agency fails to adopt a rule required to obtain a license. Repeals superseded statutes and makes cross-reference, name, and other conforming changes. |
| | Current Status: | 5/4/2023 - Public Law 249
|
| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1626 | ADMINISTRATIVE RULES CONCERNING CARBON DIOXIDE. (SOLIDAY E) Authorizes the department of natural resources (department) to adopt emergency rules to carry out the duties of the department under the article of the Indiana Code concerning carbon dioxide. Requires the natural resources commission (commission) to adopt rules to implement the article of the Indiana Code concerning carbon dioxide. Provides that the rules adopted by the commission: (1) must include the provisions necessary for the department's discharge of the duties imposed upon the department under; and (2) may establish fees for the administration and implementation of; the article of the Indiana Code concerning carbon dioxide. Specifies that any fees established by the commission for the administration and implementation of the article: (1) are subject to review by the budget committee; and (2) may not be increased unless the budget committee reviews the increase. |
| | Current Status: | 5/1/2023 - Public Law 158
|
| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1627 | SALE OF TAX SALE PROPERTIES TO NONPROFITS. (BAUER M) Provides that a tax sale statute concerning the sale of real property to eligible nonprofit entities for low or moderate income housing applies to all counties. (Current law provides that the provision only applies to a county having a consolidated city.) |
| | Current Status: | 5/1/2023 - Public Law 159
|
| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| HB1639 | WATERSHED DEVELOPMENT COMMISSIONS. (AYLESWORTH M) Provides that the executives of one or more counties may adopt ordinances designating their counties as members of a proposed watershed development commission and that the proposed watershed development commission is established as a legal entity with the counties as its members if it is recognized by the natural resources commission. Allows a watershed development commission to be established for certain flood damage reduction, drainage, storm water management, recreation, and water infrastructure purposes, but provides that "water infrastructure purposes" excludes any drinking water project in a county or municipality. Requires the natural resources commission, in deciding whether to recognize a proposed watershed development commission, to answer certain questions. Provides that a nonmember county may become a member of an established watershed development commission if its membership is accepted by the member counties and recognized by the natural resources commission. Requires the department of natural resources (department), with the approval of the natural resources commission, to certify the area of a member county that is within a watershed development commission's designated watershed. Provides that a watershed development commission may also have water quality purposes if its board develops a water quality improvement plan that is approved by the natural resources commission. Specifies that a water quality purpose, goal, project, or interstate agreement does not convey water quality regulatory authority to a watershed development commission. Provides for a watershed development commission to be governed by a board that includes: (1) the director of the department or the director's designee; (2) the county surveyor of each county that is a member of the commission and is entitled to membership on the board; (3) an individual other than the county surveyor representing each county that is a member of the commission and is entitled to membership on the board; and (4) either: (A) one individual appointed to represent each second class city that is located in a participating county and within the designated watershed of the watershed development commission; or (B) if a participating county does not include a second class city that is located within the designated watershed of the watershed development commission, one individual appointed to represent the municipality that has the largest population of all municipalities that are located in the participating county and within the designated watershed of the watershed development commission. Requires a watershed development commission to develop a flood damage reduction and drainage plan for its designated watershed. Grants a watershed development commission exclusive authority to perform drainage and flood damage reduction activities within the channel of the river that is the surface water outlet of its designated watershed. Authorizes a watershed development commission to enter into an interlocal cooperation agreement with an existing local governmental authority to apportion flood damage reduction authority and financial support between the two entities. Provides for the funding of a watershed development commission through an annual special assessment that may be imposed against each taxable parcel of real property located: (1) in a member county; and (2) within the designated watershed of the watershed development commission. Establishes maximum assessment levels and allows the board of a watershed development commission to reduce the special assessment to lower levels. Authorizes a member county to adopt any of three alternative methods of funding the watershed development commission. Prohibits the use of money collected from a special assessment for highway bridge repairs or reconstruction. Authorizes a watershed development commission to give preference to an Indiana business over an out-of-state business in contracting for public works. Establishes a procedure under which the Maumee River basin commission, the St. Joseph River basin commission, or the Upper Wabash River basin commission may be transformed into a watershed development commission. Provides that if the St. Joseph River basin commission is transformed into a watershed development commission, the members of the St. Joseph River basin commission become the first members of the St. Joseph River watershed development commission's advisory committee. |
| | Current Status: | 5/4/2023 - Public Law 251
|
| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| HB1647 | ATHLETIC TRAINERS. (MORRIS B) Amends the definition of "athletic trainer" to include an individual employed by an occupational facility to practice athletic training. Amends the definition of "athletic training" to include the diagnosis and rehabilitation of athletic injuries under the direction and supervision of a licensed physician, osteopath, podiatrist, or chiropractor, including the use of manual therapies related to the reconditioning of athletes, but not including joint manipulation of the spinal column. Defines "manual therapies" and "supervision". Changes the education standard for licensing by the board as an athletic trainer from the satisfactory completion of an academic program including certain accredited courses to: (1) obtaining a professional athletic training degree from a postsecondary educational institution that meets the academic standards established by the Commission on Accreditation of Athletic Training Education (CAATE); and (2) the successful completion of a Board of Certification, Inc. (BOC) examination. Provides that an individual may be exempted by the board from the examination requirement if the individual is certified by the BOC (instead of by the National Athletic Trainers Association) and authorizes the board to issue a temporary permit to practice as an athletic trainer to an individual who is practicing in a state that does not license or certify athletic trainers but is certified by the BOC (instead of by the National Athletic Trainers Association). Eliminates the requirement that the board contract with the National Athletic Trainers Association to conduct and score the qualifying examination for athletic trainers. |
| | Current Status: | 5/4/2023 - Public Law 252
|
| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| SB1 | BEHAVIORAL HEALTH MATTERS. (CRIDER M) Provides that, subject to certain procedures and requirements, the office of the secretary of family and social services may apply to the United States Department of Health and Human Services: (1) for a Medicaid state plan amendment, a waiver, or an amendment to an existing waiver to require reimbursement for eligible certified community behavioral health clinic services; or (2) to participate in the expansion of a community mental health services demonstration program. Requires the division of mental health and addiction to establish and maintain a help line: (1) to provide confidential emotional support and referrals to certain resources to individuals who call the help line; and (2) that is accessible by calling a toll free telephone number. Establishes the Indiana behavioral health commission (commission) and sets forth the commission's membership. Changes the name of the "9-8-8 crisis hotline center" to "9-8-8 crisis response center". Makes conforming changes. |
| | Current Status: | 5/4/2023 - Public Law 162
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| SB3 | STATE AND LOCAL TAX REVIEW TASK FORCE. (HOLDMAN T) Establishes the state and local tax review task force (task force). Specifies the membership of the task force and the topics the task force is required to review. Provides that the member of the task force who is an economist is appointed jointly by the president pro tempore of the senate and the speaker of the house of representatives. Provides for the selection of the chairperson and vice chairperson of the task force. |
| | Current Status: | 5/4/2023 - Public Law 163
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President Pro Tempore
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| SB4 | PUBLIC HEALTH COMMISSION. (CHARBONNEAU E) Defines "core public health services" for purposes of public health laws. Adds members to the executive board of the Indiana department of health (state department). Removes a provision allowing the state department to establish branch offices. Provides that the state department may provide services to local health departments. Requires each local board of health to establish a local public health services fund to receive state funding. Provides a method of allocation of state funding to local boards of health, subject to state appropriations. Specifies the percentage of how additional funding may be expended on core public health services. Allows the local health department to enter into contracts or approve grants for core public health services. Allows the state department to issue guidance to local health departments. Requires the state department to make annual local health department reports available to the public. Changes the qualification requirements for a local health officer and requires certain training. Requires the state department to identify state level metrics and county level metrics and requires certain local health departments to report to the state department activities and metrics on the delivery of core public health services. Requires the state department to annually report on the metrics to the budget committee and publish information concerning the metrics on the Internet. Requires that a local health department post a position or contract for the provision or administration of core public health services for at least 30 days. Requires a local health department to provide certain education before administering a vaccine. Requires a multiple county health department to maintain at least one physical office in each represented county. Provides that a new city health department cannot be created after December 31, 2022, but allows current city health departments to continue to operate. Creates the Indiana trauma care commission. Allows a school corporation that cannot obtain an ophthalmologist or optometrist to perform the modified clinical technique vision test to conduct certain specified vision screenings. Requires the school to send to the parent of a student any recommendation for further testing by the vision screener. Allows for standing orders to be used for emergency stock medication in schools. Allows the state health commissioner or designee to issue a statewide standing order, prescription, or protocol for emergency stock medication for schools. Removes the distance requirement for an access practice dentist to provide communication with a dental hygienist. Repeals provisions concerning the Indiana local health department trust account. |
| | Current Status: | 5/4/2023 - Public Law 164
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| SB5 | CONSUMER DATA PROTECTION. (BROWN L) Establishes a new article in the Indiana Code concerning consumer data protection, to take effect January 1, 2026. Sets forth the following within the new article: (1) Definitions of various terms that apply throughout the article. (2) Exemptions from the bill's requirements concerning the responsibilities of controllers of consumers' personal data. (3) The rights of an Indiana consumer to do the following: (A) Confirm whether or not a controller is processing the consumer's personal data. (B) Correct inaccuracies in the consumer's personal data that the consumer previously provided to a controller. (C) Delete the consumer's personal data held by a controller. (D) Obtain a copy or representative summary of the consumer's personal data that the consumer previously provided to the controller. (E) Opt out of the processing of the consumer's personal data for certain purposes. (4) The responsibilities of controllers of consumers' personal data. (5) The roles of controllers and processors with respect to a consumer's personal data. (6) Requirements for data protection impact assessments by controllers of consumers' personal data. (7) Requirements for processing de-identified data or pseudonymous data. (8) Limitations as to the scope of the new article. (9) The authority of the attorney general to investigate and enforce suspected or actual violations of the new article. (10) The preemption of local rules, regulations, and laws regarding the processing of personal data. Allows the attorney general to publish certain resources on the attorney general's website. |
| | Current Status: | 5/1/2023 - Public Law 94
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| SB20 | ALCOHOL MATTERS. (BROWN L) Allows a city or town to designate an outdoor location as a refreshment area with the approval of the alcohol and tobacco commission (commission). Provides that if a refreshment area is approved, the commission designates retailer permittees that may sell alcoholic beverages for consumption within the refreshment area. Prohibits a refreshment area from being located near a school or church unless the school or church does not object. Allows a minor to be within the refreshment area. Adds language providing that a person entering a licensed premises within a refreshment area with an alcoholic beverage is not subject to criminal penalties. Makes it a Class C infraction for a participating retailer permittee or vendor to sell a person more than two alcoholic beverages at a time or an open container of an alcoholic beverage that exceeds the volume limitations. Allows a restaurant to sell or dispense alcoholic beverages from a bar located on the licensed premises that opens to an outside patio or terrace that is contiguous to the main building. |
| | Current Status: | 5/4/2023 - Public Law 167
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| SB33 | SOLAR PANEL AND WIND POWER EQUIPMENT DISPOSAL STUDY. (WALKER G) Directs the Indiana department of environmental management (IDEM) to conduct a study concerning the decommissioning and disposal of solar panels and wind power equipment. Sets forth certain topics that IDEM must consider in conducting the study. Provides that IDEM may consult with the Indiana utility regulatory commission as necessary to conduct the study. Requires IDEM to: (1) file a report on its findings and recommendations resulting from the study with the chairman of the legislative council; and (2) present the report to the interim study committee on energy, utilities, and telecommunications; not later than October 1, 2024. |
| | Current Status: | 4/20/2023 - Public Law 17
|
| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| SB43 | RESIDENCY OF 911 OPERATORS. (SANDLIN J) Provides that a public safety agency may not establish or maintain residency requirements for a public safety telecommunicator employed by a public safety agency. |
| | Current Status: | 4/20/2023 - Public Law 18
|
| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| SB46 | COUNTY OPTION CIRCUIT BREAKER TAX CREDIT. (SANDLIN J) Authorizes a county fiscal body to adopt an ordinance to provide a credit against property tax liability for qualified individuals. Defines a "qualified individual" for purposes of the credit. Provides that the ordinance may designate: (1) all of the territory of the county; or (2) one or more specific geographic territories within the county; as a neighborhood enhancement district in which qualified individuals may apply for the credit. Provides that the amount of the credit in a particular year is equal to the amount by which an individual's property tax liability increases by more than the percentage of increase specified by the county fiscal body from the prior year. Provides that the credit does not affect the allocation of taxes to a referendum fund. Requires a qualified individual who desires to claim the credit to file a certified statement with the county auditor. Provides that the county auditor shall apply the credit in succeeding years after the certified statement is filed unless the auditor determines that the individual is no longer eligible for the credit or the county fiscal body rescinds the ordinance. Provides a penalty for wrongly receiving the credit that is the same as the penalty for wrongly receiving the homestead standard deduction. Provides that an individual may not receive both a county option circuit breaker tax credit and an over 65 property tax credit in the same year. Provides that an ordinance must specify that the credit does not apply for property taxes first due and payable after December 31, 2027. Sunsets the county option on January 1, 2028. |
| | Current Status: | 5/1/2023 - Public Law 95
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| SB65 | ELECTED OFFICIALS TRAINING FUND. (NIEMEYER R) Allows a county auditor, upon the county fiscal body's determination that money in the county elected officials training fund (fund) is in excess of the fund's expenses, to transfer the excess money to the county recorder's records perpetuation fund. Provides that the transfer must be made not later than December 31, 2023. Provides that a county fiscal body may use money in the county elected officials training fund for certain training for county council members. |
| | Current Status: | 5/1/2023 - Public Law 96
|
| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| SB106 | LOCAL POWERS CONCERNING ELECTIONS. (BUCK J) Provides that a unit does not have the power to adopt an ordinance, a resolution, or an order concerning certain elections, or otherwise conduct an election, except as expressly granted by statute. Specifies that an ordinance, a resolution, or an order concerning certain elections that was adopted before January 1, 2023, is void unless a statute expressly granted the unit the power to adopt the ordinance, resolution, or order. |
| | Current Status: | 4/5/2023 - Public Law 4
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| | Recent Status: | 4/5/2023 - SIGNED BY GOVERNOR
4/4/2023 - Signed by the President of the Senate
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| SB154 | CERTAIN COUNTIES PURCHASING AND DATA PROCESSING. (NIEMEYER R) Provides that the county executive of Lake County has jurisdiction over the county purchasing agency and the county data processing agency. Provides that the county executive of St. Joseph County has jurisdiction over the county purchasing agency. (Under current law, the legislative body of Lake County has jurisdiction over both the county purchasing agency and the county data processing agency, and the legislative body of St. Joseph County has jurisdiction over the county purchasing agency.) |
| | Current Status: | 4/20/2023 - Public Law 24
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| SB156 | TAX SALES. (NIEMEYER R) Provides that a person who acquires a certificate of sale (certificate) may not assign the certificate to a person who was not eligible under the tax sale laws to bid on or purchase real property at a tax sale until the person satisfies the eligibility requirements as determined by the county auditor. Requires a person to acknowledge that the person will not assign a certificate for any real property purchased to a person who is prohibited from bidding on or purchasing real property at a tax sale. Requires the county auditor to determine that an assignee of a certificate is eligible to receive the assignment for an assignment to be valid. Provides that assignments of a certificate must be included on the county auditor's tax sale record. Requires the county, the county auditor, or a county vendor to list certain information concerning tax sales on the website of the county, county auditor, or county vendor for a specified period of time. Specifies that a county or a county vendor is not liable for an act or omission related to making information available on a website. |
| | Current Status: | 4/20/2023 - Public Law 26
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| SB157 | PARCELS OFFERED AT SUCCESSIVE TAX SALES. (NIEMEYER R) Requires that the county auditor's notice of tax sale include a statement providing that if a tract or item of real property has been offered for sale at a county treasurer's tax sale (treasurer's sale) and a county executive's tax sale (executive's sale) on two or more occasions without a bid, the tract or item of real property may be subject to an ordinance authorized by the bill. Adds a person who claims a substantial property interest of public record to a statute concerning the county auditor's provision of notice of tax sale to certain persons who annually request a copy of the notice. Provides that a person who owns any tract or item of real property that has been offered for sale at a treasurer's sale and executive's sale on two or more occasions without a bid is prohibited from bidding on or purchasing tracts offered for sale. Adds language that allows a county legislative body to adopt an ordinance with respect to parcels of real property that have been offered for sale at a treasurer's sale and an executive's sale on two or more occasions without a bid. Specifies that such a parcel (subject to certain criteria) is considered a public hazard. Establishes a procedure for a county to transfer a tax sale certificate to a municipality or retain a tax sale certificate and for a county or municipality to file a petition with the circuit court (court) requesting the issuance of a deed for the property to the requesting county or municipality. Provides that, at the request of a municipality, the county auditor and county treasurer (subject to available funding) shall enter into a mutual agreement for the county auditor to perform certain duties concerning notification of a party's right to redeem such a parcel and the filing of a petition to the court for issuance of a tax deed for the parcel. Provides that the court shall hold a hearing on the petition for issuance of a tax deed. Provides requirements that apply to a quiet title action with respect to a parcel placed into the name of a county or municipality. Provides that an owner of a parcel of real property that has been offered for sale at a treasurer's sale and an executive's sale on two or more occasions without a bid may transfer the real property, subject to any liens and encumbrances, by warranty deed to a county or municipality. |
| | Current Status: | 4/20/2023 - Public Law 27
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| SB168 | STATEWIDE ASSESSMENT RESULTS. (LEISING J) Requires (rather than permits) the department of education to include in a contract with a statewide assessment vendor entered into or renewed after June 30, 2023, a requirement that the vendor provide a summary of a student's statewide assessment results. Makes a conforming change and a technical correction. |
| | Current Status: | 4/20/2023 - Public Law 30
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| SB180 | ALLOCATION OF WASTEWATER UTILITY COSTS. (KOCH E) Allows a utility company that: (1) provides both water and wastewater service; and (2) has acquired wastewater utility property; to request, in the context of a petition by the utility company to the Indiana utility regulatory commission (IURC) for preapproval of a plan for proposed service enhancement improvements to the utility company's wastewater utility property, authorization from the IURC to allocate a portion of the eligible costs of the utility company's wastewater utility property to the utility company's water customers. Provides that if the petition includes such a request for an allocation of costs, the utility company shall provide a copy of: (1) the petition; and (2) the utility company's case in chief; to each intervenor in the utility company's last general rate case. Provides that the IURC may approve the request if the IURC finds that: (1) because of reasonable and necessary improvements that are proposed for the wastewater utility property, the resulting rates charged to wastewater customers would reach levels necessitating the provision of financial assistance to those customers; (2) the total rates charged by the utility company for water service will not increase unreasonably as a result of the allocation; (3) the utility company has included information in its proposal regarding the availability of grants or low interest loans and whether the utility company considered using grants or low interest loans to help finance or reduce the cost of the service enhancement improvements; and (4) the utility company has developed an asset management program. Provides that an increase in the total rates charged for water service by the utility company as a result of the allocation is not unreasonable to the extent the allocation results in an increase in authorized total revenues of 2% or less. Provides that if the IURC approves a utility company's request for an allocation of costs, the utility company shall include a notice on or with water customer monthly bills specifying the amount of the service enhancement improvement adjustment rider approved by the commission that recovers necessary wastewater utility improvements. |
| | Current Status: | 5/1/2023 - Public Law 100
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| SB181 | CAUSE OF ACTION CONCERNING RESTRAINT OF TRADE. (KOCH E) Amends the statute concerning combinations restraining trade as follows: (1) Provides that the attorney general may bring an action for the following on behalf of the state or a political subdivision in connection with a violation of the statute: (A) Appropriate injunctive or other equitable relief, including disgorgement of any gains derived from the violation. (B) A civil penalty. (Current law provides only that the attorney general may bring an action for injuries or damages sustained directly or indirectly by the state or political subdivision as a result of the violation.) (2) Provides that the attorney general may bring an action in the name of the state as parens patriae on behalf of one or more natural persons residing in Indiana for one or more of these same remedies, in connection with a violation of the statute. (3) Specifies that in an action brought under these provisions, the attorney general may recover costs and expenses of the suit, including reasonable attorney's fees and expert fees. (Current law does not specify that the attorney general may recover expenses and expert fees.) (4) Provides that in an action brought under these provisions after June 30, 2023, the attorney general may recover a civil penalty of not more than: (A) $100,000 per violation from any natural person who violates the statute; or (B) $1,000,000 from any other person, other than a natural person, that violates the statute. |
| | Current Status: | 4/5/2023 - Public Law 6
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| | Recent Status: | 4/5/2023 - SIGNED BY GOVERNOR
4/4/2023 - Signed by the President of the Senate
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| SB187 | PUBLIC SAFETY MATTERS. (SANDLIN J) Provides that a unit shall provide by ordinance the number of police reserve officers a law enforcement agency may appoint. Provides that the law enforcement training board may revoke, suspend, modify, or restrict a document showing compliance and qualifications for a unit's police reserve officer who has committed misconduct. Provides that a law enforcement agency hiring a police reserve officer must contact every other law enforcement agency that employed (or employs) the applicant and request the applicant's employment file and disciplinary record. Provides that a special law enforcement officer employed by the city of Indianapolis full time after June 30, 2023, to perform park ranger duties (park ranger) is subject to the same training requirements as regular law enforcement officers. Provides that the facilities of the Indiana law enforcement academy must be used to provide a park ranger with the required basic training. |
| | Current Status: | 5/4/2023 - Public Law 173
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| SB242 | FLOODPLAIN MAPPING. (LEISING J) Repeals the requirement that local floodplain administrators use the "best floodplain mapping data" as provided by the department of natural resources (department) and located on the Indiana Floodplain Information Portal when reviewing an application for a permit to authorize construction in or near a floodplain. Provides that, after June 30, 2023, a county or municipality may not issue a permit for construction activity in or near a floodplain unless the permit applicant is allowed to elect whether the local floodplain administrator will use: (1) the department's "best floodplain mapping data"; or (2) an engineering study provided by the permit applicant; in reviewing the permit application. Prohibits a local floodplain administrator from issuing a permit authorizing a structure or construction activity in or near a floodplain if the issuance of the permit will violate National Flood Insurance Program requirements. Provides that, after June 30, 2025, an individual may not serve as the floodplain administrator of a county or municipality unless the individual has successfully completed: (1) the Certified Floodplain Manager program of the Association of State Floodplain Managers; or (2) another course or training program for local floodplain managers that is approved by the Federal Emergency Management Agency or the department. Provides that a person that has: (1) an ownership interest; (2) a leasehold interest; or (3) a security interest; in a parcel of real property may at any time request a review by the department of the department's "best floodplain mapping data" that applies to the parcel of real property. Requires the department to conduct the review at no cost to the person requesting the review and to use a detailed hydrologic modeling method in conducting the review. Provides that: (1) if the person requesting the review has applied to a local floodplain administrator for a permit authorizing the construction of a structure or other construction activity on the parcel of real property; and (2) the department does not complete the review within 120 days after the review was requested; the person may elect whether the local floodplain administrator, in reviewing the person's permit application, will use the department's "best floodplain mapping data" or an engineering study provided by the person. Provides that, in the disclosure form that is adopted by the Indiana real estate commission and that must be submitted to a prospective buyer of real estate before the prospective buyer's offer is accepted, the owner of real estate must disclose the fact that all or a portion of the owner's real estate is located within a community's floodplain boundaries, as indicated in a Federal Emergency Management Agency Flood Insurance Rate Map, if the owner has personal knowledge of that fact. |
| | Current Status: | 5/4/2023 - Public Law 175
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| SB271 | CERTIFIED TECHNOLOGY PARKS. (BUCHANAN B) Specifies additional information that a certified technology park (park) is required to provide to the Indiana economic development corporation (corporation) in the course of a review. Provides that if a park has reached the limit on deposits and maintains its certification, the park shall become a Level 2 park. Increases, from $100,000 to $250,000, the annual additional incremental income tax deposit amount that a park captures once it has reached its limit on deposits. Clarifies the calculation of the additional incremental income tax deposit amount in the year in which a park reaches its limit on deposits. Provides that when the corporation certifies a Level 2 park, the corporation shall make a determination of whether the park shall continue to be designated as a Level 2 park. Requires the corporation to report to the budget committee certain information pertaining to businesses located in each park on a biennial basis. |
| | Current Status: | 5/1/2023 - Public Law 105
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| SB283 | MARION COUNTY ROAD FUNDING. (FREEMAN A) Provides that at least 65% of the funds distributed to a county containing a consolidated city from the motor vehicle highway account (MVHA) shall be used for the construction, reconstruction, and preservation of highways by the county and the consolidated city respectively. (Current law provides that at least 50% of the funds distributed to a county or a municipality from the MVHA is to be used for the construction, reconstruction, and preservation of the county or municipality's highways.) Provides that, for purposes of determining the right of the consolidated city to receive a distribution of money from the MVHA based on population, the population of all the territory of the consolidated city is considered its population. Provides that, beginning in calendar year 2024, the consolidated city must use: (1) the entire amount distributed to the consolidated city from the MVHA that is attributable to the consolidated city's population in Wayne, Pike, and Decatur townships not included in the population of the fire special service district; and (2) an appropriation that is the greater of $8,000,000 or the amount of the distribution from the MVHA that is attributable to the consolidated city's population in Wayne, Pike, and Decatur townships not included in the population of the fire special service district in the previous year; for the construction, reconstruction, and preservation of the consolidated city's local streets and alleys. Requires the Indiana department of transportation (department) to: (1) conduct a study, with advisement from the consolidated city, to determine the asset condition of the consolidated city's former state highways; (2) appear before the interim study committee on roads and transportation during the 2023 legislative interim to provide testimony on the department's findings and observations from the study; and (3) not later than November 1, 2023, report the department's findings and observations to the interim study committee on roads and transportation. |
| | Current Status: | 5/4/2023 - Public Law 179
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| SB296 | SALE OF TAX DELINQUENT REAL PROPERTY. (KOCH E) Defines the term "severed interest" as an improvement,
mineral rights, air rights, water rights, or other rights in property in, on, under, or above the land for which the owner or holder of the interest identified in the current real property tax records of the county auditor is sent a separate property tax statement. Provides that the estate in fee simple that is vested in a grantee by a tax deed executed under the law on the sale of tax delinquent property is subject to a lease shown by public record if the tax deed conveys only a severed interest located in, on, under, or above the land. Provides that the rights that an owner of land has in the land, in a lease shown by public record, or in a memorandum of a lease shown by public record are not limited or abrogated by a tax deed conveying an interest in one or more severed improvements. |
| | Current Status: | 4/5/2023 - Public Law 7
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| | Recent Status: | 4/5/2023 - SIGNED BY GOVERNOR
3/29/2023 - Signed by the President of the Senate
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| SB302 | REGULATION OF CHARITABLE ORGANIZATIONS. (BROWN L) Prohibits a state agency or a state official from imposing on a charitable organization any filing or reporting requirements that are more stringent or burdensome than those imposed by, or authorized under, state or federal law. Provides that this limitation does not apply: (1) to requirements imposed in connection with: (A) state grants or contracts; or (B) fraud investigations; or (2) in connection with an enforcement action against a specific charitable organization. |
| | Current Status: | 4/20/2023 - Public Law 40
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| SB316 | COMPUTER AIDED EMERGENCY DISPATCH SYSTEMS. (WALKER K) Provides that the statewide 911 board (board) may conduct a feasibility study on potential ways in which the computer aided dispatch (CAD) systems used by public safety answering points (PSAPs) in Indiana could be made interoperable to facilitate the standard dispatch of EMS resources based on using the EMS resource that represents the closest and most appropriate EMS resource to respond to an emergency. Provides that the board may submit a report on the study to the following not later than July 1, 2024: (1) The executive director of the legislative services agency to distribute to members of the general assembly. (2) The department of homeland security. (3) The integrated public safety commission. (4) The Indiana department of health. Sets forth information that may be included in the report. Provides that these provisions expire January 1, 2025. |
| | Current Status: | 4/20/2023 - Public Law 41
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| SB317 | CONTRACTING AND PURCHASING. (ZAY A) Provides that a political subdivision may make advance payments to contractors to enable the contractors to purchase materials needed for a public works project of the political subdivision. Provides that a political subdivision may make advance payments for goods or services before the goods are delivered or services are completed if the fiscal body of the political subdivision authorizes advance payments. |
| | Current Status: | 5/4/2023 - Public Law 181
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| SB325 | HOMESTEAD STANDARD DEDUCTION. (BUCHANAN B) Specifies the requirements and the real property improvements considered when determining whether property is a dwelling or a homestead for purposes of the standard property tax deduction law. Removes additional definitions of "homestead" from the statute. Specifies that for purposes of the circuit breaker law "nonresidential real property" refers to real property that is not: (1) a homestead; (2) residential property; (3) long term care property; or (4) agricultural land. Provides that, for assessment dates after December 31, 2023, "residential property" includes any other land, building, or residential yard structure, including a deck, patio, gazebo, or pool that is not attached to a dwelling that: (1) is not part of a homestead; and (2) is predominantly used for a residential purpose. Makes a conforming change. |
| | Current Status: | 5/4/2023 - Public Law 182
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| SB332 | PLANNING AND ZONING AFFECTING MILITARY BASES. (MESSMER M) Allows a unit to establish a military impact zoning district for an area adversely impacted by the effects of military operations. Establishes a state area of interest that is comprised of land within one or both of the following: (1) Within three miles of certain military installations. (2) Within a military impact zoning district. Makes planning, zoning, and development activity (activity) in a state area of interest subject to the military installation commander's determination regarding the activity's impact on military operations. Allows a representative of the military installation to serve as a nonvoting adviser to the unit's plan commission. Requires a lease or real estate sales disclosure form to disclose that the property is within a state area of interest. Provides that the responsibility for the disclosure required by the owner that the property is located near a military installation rests solely with the owner of the property and no liability for the owner's failure to make the required disclosure shall accrue to any third party. |
| | Current Status: | 4/20/2023 - Public Law 43
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/18/2023 - Signed by the President of the Senate
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| SB344 | NORTHEAST INDIANA STRATEGIC DEVELOPMENT COMMISSION. (HOLDMAN T) Establishes the northeast Indiana strategic development fund (fund) administered by the northeast Indiana strategic development commission (commission). Prohibits money in the fund from being used for the purposes of expanding or increasing access to broadband. Adds additional purposes to be carried out by the commission in the development area. Expands the membership of the commission to include two additional voting members to be appointed by the mayors and commissioners caucus of the northeast Indiana regional development authority and specifies certain qualifications for the appointments. |
| | Current Status: | 5/4/2023 - Public Law 186
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| SB350 | PROFESSIONAL LICENSING. (RAATZ J) Provides that a unit may not regulate behavioral health and human services that are: (1) licensed or certified; or (2) exempted from licensure or certification; by the behavioral health and human services licensing board. |
| | Current Status: | 5/1/2023 - Public Law 111
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| SB353 | RISK MANAGEMENT AND CATASTROPHIC LIABILITY FUNDS. (CHARBONNEAU E) Authorizes the insurance commissioner to cease operation of the political subdivision risk management fund upon a determination by the insurance commissioner that: (1) all political subdivisions that were members of the fund have withdrawn from the fund; and (2) all payment of the liabilities of former members of the fund have been determined and finalized. Authorizes the insurance commissioner to cease operation of the political subdivision catastrophic liability fund upon a determination by the insurance commissioner that: (1) all political subdivisions that were members of the fund have withdrawn from the fund; and (2) all payment of the liabilities of former members of the fund have been determined and finalized. Requires the insurance commissioner, when ceasing operation of one of the funds, to distribute the balance in the fund to former members of the fund, distributing to each former member an amount proportional to the total of assessments and (in the case of the political subdivision risk management fund) surcharges paid by the former member. Provides that the laws establishing the political subdivision risk management fund and the political subdivision catastrophic liability fund expire when the insurance commissioner certifies to the executive director of the legislative services agency that: (1) the funds have no remaining members; (2) all payments of liabilities of former members of the funds have been determined and finalized; and (3) the balances in the funds have been distributed to former members of the funds. Amends a provision of the law concerning tort claims against governmental entities to provide that giving notice of a tort claim against a political subdivision to the political subdivision risk management commission is not required if the law establishing the political subdivision risk management commission has expired. |
| | Current Status: | 4/20/2023 - Public Law 46
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| SB373 | ASSISTANCE FOR FUNERAL AND CEMETERY EXPENSES. (KOCH E) Raises the dollar amounts considered when determining Medicaid payments for funeral director expenses and cemetery expenses. Requires the division to raise the dollar amounts considered when determining Medicaid payments for funeral director expenses and cemetery expenses by $100 each year for three years beginning on July 1, 2024. |
| | Current Status: | 4/20/2023 - Public Law 47
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/18/2023 - Signed by the President of the Senate
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| SB374 | REGIONAL WATER, SEWAGE, OR SOLID WASTE DISTRICTS. (KOCH E) Increases the maximum amount that may be paid to a member of the board of trustees of a regional water, sewage, or solid waste district from $50 to $150 per day. Removes a provision that allows for the payment of not more than $125 per day to members of the board of trustees of a regional water and sewage district that meets certain requirements. |
| | Current Status: | 4/5/2023 - Public Law 8
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| | Recent Status: | 4/5/2023 - SIGNED BY GOVERNOR
3/29/2023 - Signed by the President of the Senate
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| SB390 | COMMERCIAL SOLAR AND WIND ENERGY READY COMMUNITIES. (MESSMER M) Provides that the commercial solar and wind energy ready communities development center (center) may be established within the Indiana office of energy development (office). Provides that the center, if established, shall: (1) provide comprehensive, easily accessible information concerning permits required for commercial solar projects and wind power projects; and (2) work with permit authorities concerning those projects. Requires the center to create and administer a program to certify counties and municipalities as commercial solar energy ready communities and wind energy ready communities. Requires the office to certify a county or municipality as a commercial solar energy ready community or a wind energy ready community if the county or municipality meets certain requirements, including the adoption of a commercial solar regulation or wind power regulation that includes standards that are not more restrictive than the default standards established by Indiana law. Provides that a commercial solar and wind energy ready communities incentive fund (fund) may be established by the office. Provides that if: (1) a county or municipality receives certification as a commercial solar energy ready community or a wind energy ready community; (2) a project owner constructs a commercial solar project or wind power project in the county or municipality; (3) the fund is established; and (4) there is a sufficient balance in the fund; the office may authorize the county or municipality to receive from the fund, for a period of 10 years, $1 per megawatt hour of electricity generated by the commercial solar project or wind power project. |
| | Current Status: | 4/20/2023 - Public Law 50
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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| SB412 | NATURAL RESOURCES MATTERS. (GLICK S) Authorizes the Little Calumet River basin development commission to make bank improvements and remove sediment and flood-causing debris in the area subject to its jurisdiction, subject only to the authority of the United States Army Corps of Engineers. Authorizes the division of water (division) of the department of natural resources (department), under certain circumstances, to file with the county recorder an affidavit stating that a violation or deficiency that is the subject of an enforcement action involving a structure classified by the department as a high hazard structure exists on a particular property in the county. Provides that the affidavit must: (1) include a sworn statement that a violation or deficiency exists on the property; (2) be recorded in the deed records of the county; (3) be designed and worded so as to provide notice to the public; and (4) include certain details about the property and current owner. Requires the department to file a release of the affidavit when the violation or deficiency is resolved. Requires the division to pay the fees for recording the affidavit and for recording a release of the affidavit. Amends the law on natural resources commission (commission) rules concerning lakes and reservoirs to eliminate provisions concerning the mediation of disputes. Amends the flood control law: (1) to require a person who applies for a permit to create or maintain a structure, obstruction, deposit, or excavation on a site in a floodway to provide documentation of the person's ownership of the site or an affidavit from the owner of the site authorizing the performance of the proposed work; and (2) to allow a person who applies for a permit to file an amendment to the permit application. Amends the floodplain management law: (1) to require the commission to meet at least once every five years with officials of counties and municipalities to promote cooperation among counties and municipalities, provide technical and data assistance, conduct training, and provide communications and outreach; (2) to provide that county and municipality officials may request to meet with the commission on a periodic basis; (3) to require a permit for the creation, use, or maintenance of a structure, obstruction, deposit, or excavation on any state owned or state managed property in a floodplain; (4) to provide that the lowest floor of any structure erected on state owned or state managed property in a floodplain must be least two feet above the 100 year frequency flood elevation; and (5) to require the commission to review and timely respond to any request from a county or municipality to revise the delineation of a flood hazard area. Provides that a person who applies for a permit authorizing the construction of a structure or other construction activity in or near a floodplain may elect whether: (1) mapping data provided by the department; or (2) an engineering study provided by the applicant; will be used by the local floodplain administrator when reviewing the person's permit application, and prohibits a local floodplain administrator from issuing a permit if the issuance of the permit would affect the county's or municipality's eligibility to participate in the National Flood Insurance Program. Amends the timber buyers law to provide that information in a timber buyer's records about the timber buyer's transactions with a particular timber grower may be disclosed to that timber grower. Provides that if a local governmental agency in county located along the Lake Michigan shore does not approve or deny a completed application for a nonemergency seawall or revetment permit within 30 business days after it is submitted, the permit is automatically approved and considered issued to the applicant. Requires the department to coordinate with local governmental agencies for purposes of the seawall or revetment permit process. Makes conforming changes. |
| | Current Status: | 5/4/2023 - Public Law 191
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| SB414 | ONSITE WASTE MANAGEMENT DISTRICTS AND SEPTAGE HOLDING TANKS. (BYRNE G) Amends the definition of "onsite residential sewage discharging disposal system" to provide that the term includes a system that employs advanced treatment components to reduce the concentration of the pathogenic constituents of the effluent to an acceptable level before the effluent is discharged. Amends the law that prohibits the point source (i.e., above ground) discharge of treated sewage from a dwelling, which includes an exception to the prohibition for one particular county that has a onsite waste management district, to make the exception applicable to any onsite waste management district. Authorizes the adoption of rules or guidelines to provide guidance to a local health department that has jurisdiction in a county onsite waste management district and that is authorized to issue operating permits for onsite residential sewage discharging disposal systems that discharge effluent above ground. Provides that, if amending the National Pollutant Discharge Elimination System (NPDES) general permit issued by the department of environmental management (department) for the purposes of the county onsite waste management district law is necessary or advisable to enable new county onsite waste management districts to function properly and effectively, the department shall amend the general permit as soon as reasonably possible after June 30, 2023. Provides that septage that originates from a residential or commercial source may be held in one or more holding tanks of not more than 10,000 gallons until removed and transported from the site. Establishes requirements for septage holding tanks. Requires a permit from the local health department for the operation of a septage holding tank. Requires a septage tank owner to: (1) enter into a written contract with a septage management vehicle operator for regular removal of septage from the tank; (2) provide a copy of the contract to the local health department; and (3) provide proof to the local health department that the tank owner is regularly paying for the removal of septage from the holding tank. Requires a local health department to report to the department concerning the septage tanks in its jurisdiction, and authorizes the adoption of rules or guidelines concerning the reports. |
| | Current Status: | 5/4/2023 - Public Law 192
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| SB417 | VARIOUS TAX MATTERS. (BALDWIN S) Makes certain changes to the nonprofit organization sales tax exemption threshold after which nonprofit organizations are required to collect state sales tax. Authorizes a county to impose a local income tax (LIT) rate for county staff expenses of the state judicial system in the county. Provides that the expenses paid from the LIT revenue may not comprise more than 50% of the county's total budgeted operational staffing expenses related to the state judicial system in any given year. Requires certain reporting requirements related to the use of the LIT revenue. Specifies a three business day grace period following the postmark date of a document during which the department of state revenue will consider the document received to be timely filed for purposes of a due date. Makes certain changes to the nonprofit organization sales tax exemption threshold after which nonprofit organizations are required to collect state sales tax. |
| | Current Status: | 5/4/2023 - Public Law 193
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| | Recent Status: | 5/4/2023 - SIGNED BY GOVERNOR
4/28/2023 - Signed by the President of the Senate
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| SB423 | ANIMAL IMPOUNDMENT. (LEISING J) Defines "impound agency" for purposes of the law concerning offenses related to animals. Specifies requirements for an impound agency and care of an impounded animal. Requires the impound agency to make a reasonable attempt to notify the owner 10 business days after the animal is euthanized. Provides that the notice to an owner must set forth the reason or reasons why the animal was euthanized. Provides certain civil immunity for a veterinarian acting within the scope of the veterinarian's duties. |
| | Current Status: | 4/20/2023 - Public Law 52
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/18/2023 - Signed by the President of the Senate
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| SB447 | CHARITY GAMING MATTERS. (BUSCH J) Defines the term "professional sports team foundation" for purposes of the charity gaming law. Specifies that a professional sports team foundation is a qualified organization. Specifies that qualified organizations may conduct unlicensed allowable events at facilities leased or owned by the capital improvement board of managers of Marion County (CIB). (Current law allows qualified organizations to conduct charity gaming events without a license if the value of all prizes awarded is less than $2,500 for a single event and $7,500 for all unlicensed events conducted during a calendar year.) Authorizes payment by credit card for a chance to enter: (1) a raffle or water race at an allowable event conducted by a qualified organization; and (2) an allowable event conducted at a facility leased or owned by the CIB. |
| | Current Status: | 5/1/2023 - Public Law 114
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| | Recent Status: | 5/1/2023 - SIGNED BY GOVERNOR
4/26/2023 - Signed by the President of the Senate
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| SB451 | CARBON SEQUESTRATION PILOT PROJECT. (FORD J) Defines the term "pore space". Corrects a spelling error in the address of the carbon sequestration pilot project (pilot project). Provides that the pilot project will construct, operate, or use not more than two (2) carbon dioxide pipelines and will maintain operations only in Vigo and Vermillion counties. Requires the director of the department of natural resources to designate the operator of the carbon sequestration pilot project not more than 30 days after the Class VI well permit authorizing the operation of carbon dioxide injection wells at the site of the pilot project is issued by the U.S. Environmental Protection Agency. Provides that, for purposes of the pilot project, the title to pore space is vested in the person who holds in fee simple the surface interest in the land or water, as identified by the property records of the county, except in case of an explicit conveyance, exception, or reservation through a recorded conveyance to another person. Requires the pilot project operator, before the anticipated migration of injected carbon dioxide into pore space to notify the person who owns the pore space in fee simple of the anticipated migration of the carbon dioxide. Requires the carbon sequestration pilot project operator to make an offer of compensation to a pore space owner to provide that the offer of compensation must be at least a yearly payment of 40% of the average estimated cash rent per acre for the area of Indiana and the class of land, according to the Farmland Values and Cash Rents Survey Results published by Purdue University most recently before the offer of compensation is made, every year until the cessation of injection of carbon dioxide. Provides that a person who claims ownership of pore space may initiate non-binding mediation of the dispute with the pilot project operator concerning the pore space. Establishes a procedure for mediation and allows the pilot project operator to consolidate multiple requests for mediation into one or more mediation proceedings. Provides that if a person who claims ownership of pore space is unable to reach an agreement with the pilot project operator concerning the acquisition, lease, or occupancy of the pore space through negotiation or mediation, the person may pursue a civil action against the pilot project operator. Provides that, generally, in a civil action against the pilot project operator, the court may not grant injunctive relief, an order of possession, or monetary relief that exceeds the fair market value of pore space in Indiana. Provides, however, that these limits on monetary recovery do not apply in case of direct and tangible physical injury or damage to a person, tangible property, or an animal or in case of an effect of the pilot project on the sources of the public water supply used by a public utility. Provides that the code section authorizing the establishment of the carbon sequestration pilot project expires July 1, 2028, if the operator of the carbon sequestration pilot project is not issued a Class VI permit by the United States Environmental Protection Agency by that date. |
| | Current Status: | 4/20/2023 - Public Law 53
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/18/2023 - Signed by the President of the Senate
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| SB472 | ADVANCED RECYCLING. (MESSMER M) Defines "advanced recycling" as a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic raw materials, feedstocks, chemicals, and other products. Defines "advanced recycling facility" as a manufacturing facility that: (1) receives, stores, and converts post-use polymers and recovered feedstocks resulting from advanced recycling; and (2) is subject to manufacturing regulation by the department of environmental management. Provides: (1) that post-use polymers and recovered feedstocks that are converted at an advanced recycling facility or held at an advanced recycling facility before conversion are not within the definition of "solid waste"; (2) that an advanced recycling facility is not within the definition of "solid waste disposal facility"; (3) that the activities undertaken at an advanced recycling facility are not within the definition of "solid waste management"; and (4) that an advanced recycling facility is not within the definition of "solid waste disposal facility" or the definition of "solid waste processing facility". Provides that certain solid waste management laws do not apply to advanced recycling facilities. Provides, for purposes of Indiana environmental law, that products sold as fuel are not considered recycled products. |
| | Current Status: | 4/20/2023 - Public Law 54
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| | Recent Status: | 4/20/2023 - SIGNED BY GOVERNOR
4/17/2023 - Signed by the President of the Senate
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