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HB 1003

Indiana HousePassed

Summary

HB 1003, which boards and commissions, was introduced in the House on Jan 8, 2026 by Rep. Steve Bartels (R) with 8 co-sponsors. It last saw action on Mar 12, 2026: Public Law 152.


Record

Text

HB 1003 has 8 co-sponsors and 6 roll calls.

hb1003/enrolled.txt
Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1003
AN ACT to amend the Indiana Code concerning state and local
administration and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 2-5-1.3-13, AS AMENDED BY P.L.186-2025,
SECTION 270, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13. (a) A study committee shall
study the issues assigned by the legislative council that are within the
subject matter for the study committee, as described in section 4 of this
chapter.
(b) In addition to the issues assigned under subsection (a), the
interim study committee on roads and transportation shall advise the
bureau of motor vehicles regarding the suitability of a special group (as
defined in IC 9-13-2-170) to receive a special group recognition license
plate for the special group (as defined in IC 9-13-2-170) for the first
time under IC 9-18.5-12-4 and the suitability of a special group (as
defined in IC 9-13-2-170) to continue participating in the special group
recognition license plate program under IC 9-18.5-12-5.
(c) In addition to the issues assigned under subsection (a), the
interim study committee on corrections and criminal code shall review
current trends with respect to criminal behavior, sentencing,
incarceration, and treatment and may:
(1) identify particular needs of the criminal justice system that can
be addressed by legislation; and
(2) prepare legislation to address the particular needs found by the
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committee.
(d) In each even-numbered year, in addition to the issues assigned
under subsection (a), the interim study committee on courts and the
judiciary shall review, consider, and make recommendations
concerning all requests for new courts, new judicial officers, and
changes in jurisdiction of existing courts. A request under this
subsection must include at least the following information to receive
full consideration by the committee:
(1) The level of community support for the change, including
support from the local fiscal body.
(2) The results of a survey that shall be conducted by the county
requesting the change, sampling members of the bar, members of
the judiciary, and local officials to determine needs and concerns
of existing courts.
(3) Whether the county is already using a judge or magistrate
from an overserved area of the judicial district.
(4) The relative severity of need based on the most recent
weighted caseload measurement system report published by the
office of judicial administration.
(5) Whether the county is using any problem solving court as
described in IC 33-23-16-11, and, if so, the list of problem solving
courts established in the county, and any evaluation of the impact
of the problem solving courts on the overall judicial caseload.
(6) A description of the:
(A) county's population growth in the ten (10) years before the
date of the request; and
(B) projected population growth in the county for the ten (10)
years after the date of the request, to the extent available;
and any documentation to support the information provided under
this subdivision.
(7) A description of the county's use of pre-incarceration
diversion services and post-incarceration reentry services in an
effort to decrease recidivism.
(8) If the request is a request for a new court or new courts, an
acknowledgment from the county fiscal body (as defined in
IC 36-1-2-6) with the funding sources and estimated costs the
county intends to pay toward the county's part of the operating
costs associated with the new court or new courts.
The office of judicial administration shall post the list of required
information provided under this subsection on its website.
(e) In each even-numbered year, in addition to the issues assigned
under subsection (a), the interim study committee on courts and the
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judiciary shall review the most recent weighted caseload measurement
system report published by the office of judicial administration and do
the following:
(1) Identify each county in which the number of courts or judicial
officers exceeds the number used by the county in that report
year.
(2) Determine the number of previous report years in which the
number of courts or judicial officers in a county identified in
subdivision (1) exceeded the number used by the county in that
particular report year.
(3) Make a recommendation on whether the number of courts or
judicial officers in the county should be decreased.
The office of judicial administration shall post a list of the number of
courts or judicial officers used in each county for each report year, and
the number of years in which the number of courts or judicial officers
in the county has exceeded the number used by the county, on its
website.
(f) In addition to studying the issues assigned under subsection (a),
the interim study committee on child services shall:
(1) review the annual reports submitted by:
(A) each local child fatality review team under IC 16-49-3-7;
(B) the statewide child fatality review committee under
IC 16-49-4-11; and
(C) the department of child services under IC 31-25-2-24;
during the immediately preceding twelve (12) month period, and
may make recommendations regarding changes in policies or
statutes to improve child safety; and
(2) report to the legislative council before November 1 of each
interim, in an electronic format under IC 5-14-6, the results of:
(A) the committee's review under subdivision (1); and
(B) the committee's study of any issue assigned to the
committee under subsection (a).
(g) In each even-numbered year, in addition to the issues assigned
under subsection (a), the interim study committee on government shall
do the following:
(1) Determine whether a group has met in the immediately
preceding two (2) years.
(2) Review reports submitted to the committee in accordance with
IC 1-1-15.5-4.
(3) Identify all interstate compacts that have been fully
operational for at least two (2) years to which the state is a party.
(4) Consider whether to:
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(A) remain a party to; or
(B) withdraw from;
each interstate compact.
(5) If the committee determines that the state should withdraw
from an interstate compact, identify the steps needed to withdraw.
(6) Report before November 1 to the legislative council, in an
electronic format under IC 5-14-6 the committee's:
(A) recommendations for proposed legislation to repeal
groups:
(i) after determining that the groups have not met during
the immediately preceding two (2) years; and or
(ii) after reviewing a group's report under subdivision (2);
and
(B) findings and recommendations regarding the interstate
compacts.
As used in this subsection, "group" refers to an authority, a board, a
commission, a committee, a council, a delegate, a foundation, a panel,
or a task force that is established by statute, has at least one (1)
legislator assigned to it, and is not staffed by the legislative services
agency.
(h) In each odd-numbered year, in addition to the issues
assigned under subsection (a), the interim study committee on
government shall:
(1) identify each group that has been operational for at least
two (2) state fiscal years;
(2) review the statutory duties and recent activities of each
group identified under subdivision (1);
(3) for each group identified under subdivision (1), determine
whether the group should be:
(A) retained because the group has ongoing statutory
duties and it remains the most appropriate group to fulfill
those duties;
(B) repealed because the group has fulfilled its statutory
duties;
(C) repealed because the group's statutory duties could be
more efficiently fulfilled after transferring them to another
group or state agency; or
(D) repealed because the group's statutory duties are
redundant because the duties also belong to another group
or state agency; and
(4) report before November 1 to the legislative council, in an
electronic format under IC 5-14-6, the committee's findings
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and recommendations regarding the groups evaluated under
this subsection.
As used in this subsection, "group" refers to an authority, a board,
a commission, a committee, a council, a delegate, a foundation, a
panel, or a task force that is established by statute and not staffed
by the legislative services agency.
(h) (i) In 2026 and 2027, in addition to the issues assigned under
subsections (a) and (f), the interim study committee on child services
shall review the report submitted by the child welfare task force under
IC 2-5-55.7-8. This subsection expires December 31, 2027.
SECTION 2. IC 2-5-36-9, AS AMENDED BY P.L.221-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 9. The commission shall do the following:
(1) Study and evaluate the following:
(A) Access to services for vulnerable youth.
(B) Availability of services for vulnerable youth.
(C) Duplication of services for vulnerable youth.
(D) Funding of services available for vulnerable youth.
(E) Barriers to service for vulnerable youth.
(F) Communication and cooperation by agencies concerning
vulnerable youth.
(G) Implementation of programs or laws concerning
vulnerable youth.
(H) The consolidation of existing entities that serve vulnerable
youth.
(I) Data from state agencies relevant to evaluating progress,
targeting efforts, and demonstrating outcomes.
(J) Crimes of sexual violence against children.
(K) The impact of social networking websites, cellular
telephones and wireless communications devices, digital
media, and new technology on crimes against children.
(2) Review and make recommendations concerning pending
legislation.
(3) Promote information sharing concerning vulnerable youth
across the state.
(4) Promote best practices, policies, and programs.
(5) Cooperate with:
(A) other child focused commissions;
(B) the judicial branch of government;
(C) the executive branch of government;
(D) stakeholders; and
(E) members of the community.
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(6) Create and provide staff support to a statewide juvenile justice
oversight body to carry out the following duties described in
section 9.3 of this chapter:
(A) Develop a plan to collect and report statewide juvenile
justice data.
(B) Establish procedures and policies related to the use of:
(i) a validated risk screening tool and a validated risk and
needs assessment tool;
(ii) a detention tool to inform the use of secure detention;
(iii) a plan to determine how information from the tools
described in this clause is compiled and shared and with
whom the information will be shared; and
(iv) a plan to provide training to judicial officers on the
implementation of the tools described in this clause.
(C) Develop criteria for the use of diagnostic assessments as
described in IC 31-37-19-11.7.
(D) Develop a statewide plan to address the provision of
broader behavioral health services to children in the juvenile
justice system.
(E) Develop a plan for the provision of transitional services for
a child who is a ward of the department of correction as
described in IC 31-37-19-11.5.
(F) Develop a plan for grant programs described in section 9.3
of this chapter.
The initial appointments and designations to the statewide
juvenile justice oversight body described in this subdivision shall
be made not later than May 31, 2022. The chief justice of the
supreme court shall designate the chair of the statewide juvenile
justice oversight body and shall make the initial appointments and
designations to the statewide juvenile justice oversight body,
which may incorporate members of an existing committee or
subcommittee formed under the commission. The initial meeting
of the oversight body shall be held not later than July 1, 2022.
(7) Create and provide staff support to a statewide youth, family,
and caregiver engagement initiative to carry out the following
duties:
(A) Provide staff support and funding for commission
activities provided by a:
(i) youth member of the commission appointed under
section 4 of this chapter; or
(ii) youth, family, or caregiver member of a commission
committee, task force, or subcommittee who has been
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appointed as a community member.
(B) Develop a statewide plan to support, encourage, and
expand the engagement of youth, families, and caregivers in
state policymaking impacting youth and children.
(C) Provide and support educational:
(i) opportunities;
(ii) convenings; and
(iii) experiences;
that facilitate increased youth, family, and caregiver
participation.
(D) Support the efforts of other state agencies and community
organizations that seek to support, encourage, and expand the
engagement of youth, families, and caregivers in policy
decisions impacting youth and children.
(E) Solicit direct feedback from youth, families, and caregivers
to inform commission recommendations concerning:
(i) points of complexity and inefficiency in child serving
systems;
(ii) duplication of services and potential points of
consolidation; and
(iii) improving time to permanency and reducing the trauma
of systems involvement.
(8) Submit a report not later than September 1 of each year
regarding the commission's work during the previous year. The
report shall be submitted to the legislative council, the governor,
and the chief justice of Indiana. The report to the legislative
council must be in an electronic format under IC 5-14-6.
(9) Perform the duties of the commission set forth in
IC 31-26-4.
SECTION 3. IC 2-5-53.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 53.5. Agricultural Promotion and Regulation Task
Force
Sec. 1. As used in this chapter, "task force" refers to the
agricultural promotion and regulation task force established by
section 2 of this chapter.
Sec. 2. The agricultural promotion and regulation task force is
established as a temporary task force which serves the general
assembly. The task force shall operate under IC 2-5-1.2.
Sec. 3. (a) The task force consists of the following sixteen (16)
voting members and two (2) nonvoting members:
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(1) Two (2) voting members of the senate appointed by the
president pro tempore of the senate. However, one (1)
member must include the chairperson of the senate
agriculture committee.
(2) One (1) voting member of the senate appointed by the
minority leader of the senate.
(3) Two (2) voting members of the house appointed by the
speaker of the house of representatives. However, one (1)
member must include the chairperson of the house agriculture
and rural affairs committee.
(4) One (1) voting member of the house of representatives
appointed by the minority leader of the house of
representatives.
(5) The dean of the Purdue University School of Agriculture
or the dean's designee, who is a voting member.
(6) The dean of the College of Veterinary Medicine of Purdue
University or the dean's designee, who is a voting member.
(7) Eight (8) voting members appointed by the governor as
follows:
(A) One (1) member representing the Indiana Farm
Bureau, Inc.
(B) One (1) member representing the Agribusiness Council
of Indiana.
(C) One (1) member engaged in poultry production.
(D) One (1) member engaged in dairying.
(E) One (1) member engaged in swine production.
(F) One (1) member engaged in beef-type cattle
production.
(G) One (1) member engaged in corn production.
(H) One (1) member engaged in soybean production.
(8) The director of the Indiana state department of
agriculture who serves ex officio and is a nonvoting member.
(9) The governor's senior policy adviser, or the adviser's
designee, who is a nonvoting member.
(b) The members appointed under subsection (a) serve at the
pleasure of the appointing authority.
Sec. 4. The legislative council shall appoint either the
chairperson of the senate agriculture committee or the chairperson
of the house agriculture and rural affairs committee as the
chairperson of the task force for the duration of the task force.
Sec. 5. A vacancy on the task force shall be filled by the
appointing authority.
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Sec. 6. Nine (9) voting members of the task force constitute a
quorum.
Sec. 7. The affirmative vote of a majority of the voting members
appointed to the task force is required for the task force to take
action on any measure, including final reports.
Sec. 8. The task force shall meet at least four (4) times. A
meeting of the task force shall be called by the chairperson.
Sec. 9. (a) The task force shall study the following:
(1) Whether changing the Indiana state department of
agriculture into a regulatory agency compromises the
department's advocacy role for the agriculture industry.
(2) Whether changes are needed:
(A) to the Indiana state department of agriculture; or
(B) to any other state entity that:
(i) promotes;
(ii) regulates; or
(iii) provides advice concerning;
agriculture in Indiana;
to improve the state's future promotional and regulatory
functions in the agricultural industry.
(3) Current and future challenges and opportunities in the
agricultural industry.
(4) The interrelationship of all agricultural state entities,
including any informational or regulatory gaps or overlaps
between the state entities.
(b) If the task force determines that the transfer of
administration and functions of a state entity from Purdue
University is appropriate, the task force shall study the following:
(1) Whether employment issues will arise from transferring
administration, employees, or functions of a state entity
described in this subsection from Purdue University to
another state entity.
(2) Whether issues will arise from the transfer of any:
(A) property;
(B) records;
(C) funds; or
(D) accounts;
from Purdue University to another state entity.
(3) The feasibility of transferring administration and
functions of the state entities described in this subsection from
Purdue University to another state entity.
Sec. 10. The task force shall request information and testimony
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from:
(1) agricultural associations, organizations, and businesses;
and
(2) heads or designees of state entities that:
(A) promote;
(B) regulate; or
(C) provide advice concerning;
agriculture in Indiana.
Sec. 11. The task force shall:
(1) develop recommendations in a report concerning the
issues set forth in section 9 of this chapter; and
(2) submit the report to the legislative council in an electronic
format under IC 5-14-6 not later than November 1, 2026.
Sec. 12. The legislative services agency shall staff the task force.
Sec. 13. (a) Each member of the task force who is not a state
employee is entitled to receive the same per diem, mileage, and
travel allowances paid to individuals who serve as legislative and
lay members, respectively, of interim study committees established
by the legislative council.
(b) Each member of the task force who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each member of the task force who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to members of the general assembly
serving on interim study committees established by the legislative
council.
(d) Per diem, mileage, and travel allowances paid under this
chapter shall be paid from appropriations made to the legislative
council or the legislative services agency.
Sec. 14. The task force's expenses shall be paid from
appropriations to the legislative council or the legislative services
agency.
Sec. 15. This chapter expires June 30, 2027.
SECTION 4. IC 4-1-2-1, AS AMENDED BY P.L.13-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 1. It is the intent of this chapter that state offices
be open and able to conduct public business at all times during an eight
and one-half (8 1/2) hour working day. Each employee shall work for
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a full seven and one-half (7 1/2) hours each working day and provision
for a one (1) hour lunch period shall be provided each employee. Lunch
hours of employees shall be staggered to permit the conduct of business
at all times during a working day. Breaks shall be provided as set forth
in IC 5-10-6-2. It shall be lawful for state offices to close their doors for
business from the close of the working day each Friday or in the event
Friday is a legal holiday, then from the close of the working day on the
Thursday which immediately precedes such legal holiday, until the
commencement of the working day on the next following Monday, or
in the event Monday is a legal holiday, then until the commencement
of the working day on the Tuesday which immediately follows such
legal holiday; provided, however, that the state library may be kept
open until noon Saturdays in the discretion of the Indiana library and
historical board.
SECTION 5. IC 4-4-16-2 IS REPEALED [EFFECTIVE JULY 1,
2027]. Sec. 2. (a) The Indiana main street council is established. The
council consists of:
(1) the secretary of agriculture and rural development or a person
designated by the secretary, who shall serve as chairman; and
(2) at least seven (7) but not more than ten (10) persons appointed
by the secretary, who represent organizations concerned with the
purposes of the program established by this chapter and who
represent all geographic regions of the state.
(b) Members appointed to the council by the secretary shall serve
for a term of three (3) years, beginning on July 1 after their
appointment. However, a member appointed to fill a vacancy on the
council shall serve for the remainder of the unexpired term.
(c) The council shall:
(1) develop and direct policy;
(2) coordinate administrative techniques; and
(3) provide assistance;
to carry out the purposes of the Indiana main street program.
(d) Each member of the council who is not a state employee is
entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
Each member is entitled to reimbursement for traveling expenses and
other expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures
established by the department of administration and approved by the
state budget agency.
SECTION 6. IC 4-4-16-3, AS AMENDED BY P.L.83-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 3. (a) To carry out the purposes described in
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section 1 of this chapter, the office of rural affairs acting for and on
behalf of the Indiana main street council and the Indiana main street
program, may:
(1) execute contractual agreements;
(2) receive money from any source;
(3) expend money for an activity appropriate to the purposes of
this chapter; and
(4) execute agreements and cooperate with:
(A) any other state or federal department or agency;
(B) Indiana political subdivisions; or
(C) any private person or corporation.
(b) The office of rural affairs shall:
(1) develop and direct policy;
(2) coordinate administrative techniques; and
(3) provide assistance;
to carry out the purposes of the Indiana main street program.
SECTION 7. IC 4-15-12-8 IS REPEALED [EFFECTIVE JULY 1,
2027]. Sec. 8. (a) There is created the affirmative action advisory
committee to assist in the effective implementation of the affirmative
action policy. The committee is composed of eight (8) members. The
governor shall appoint the members of the committee with the advice
of the affirmative action officer. The members serve at the pleasure of
the governor.
(b) A member of the committee is entitled to reimbursement for
traveling expenses and other expenses actually incurred in connection
with the member's duties, as provided in the state travel policies and
procedures established by the department of administration and
approved by the budget agency. A member who is not an officer or
employee of the state is entitled to the minimum salary per diem as
provided in IC 4-10-11-2.1(b) while performing the member's duties.
(c) The committee shall select from its membership a chairperson
and vice chairperson to serve for one (1) year from the date of
selection. They may be reelected at the pleasure of the committee. In
any instance where the chairperson or vice chairperson does not serve
the chairperson's or vice chairperson's full term, the committee shall
select another to serve in the chairperson's or vice chairperson's own
right a full term.
(d) The affirmative action advisory committee shall:
(1) provide liaison activities with the affirmative action officer
with respect to problems and suggestions concerning the
affirmative action policy;
(2) advise the affirmative action officer and the governor of
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recommended changes in the implementation of the affirmative
action policy and improved guidelines for state agency programs;
and
(3) advise the governor and the affirmative action officer
concerning the effectiveness and status of the total
implementation of the affirmative action policy.
(e) The affirmative action advisory committee may review the
affirmative action programs of state agencies for effectiveness and
improvements.
SECTION 8. IC 4-22-2-0.3, AS ADDED BY P.L.220-2011,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 0.3. (a) The adoption of any rule by a state agency
without the approval of the fire prevention and building safety
commission established under IC 22-12-2-1 (before its repeal)
before July 1, 1987, is legalized and validated.
(b) The adoption of any rule by the fire prevention and building
safety commission before July 1, 2027, is legalized and validated
and considered a rule of the department of homeland security after
June 30, 2027.
SECTION 9. IC 4-22-2.6-4, AS AMENDED BY P.L.213-2025,
SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 4. (a) To readopt a rule, an agency must conduct
a review of the rule to consider the continued need for the rule and
whether the rule, if readopted, will meet each of the standards in
IC 4-22-2-19.5 and (if applicable) the requirements for fees, fines, and
civil penalties in IC 4-22-2-19.6.
(b) In the review, the agency shall reexamine previous cost benefit,
economic impact, fiscal impact, and regulatory burden statements
prepared by the agency for the rule under IC 4-3-22-13, IC 4-22-2-22.7,
IC 4-22-2-22.8, IC 4-22-2-28, IC 4-22-2.1-5, or an executive order and
revise the statements to reflect any change in circumstances that affect
the analysis. The agency shall identify any alternative methods of
achieving the purpose of the rule that are less costly or less intrusive,
or that would otherwise minimize the economic impact of the proposed
rule on small businesses (as defined in IC 4-22-2.1-4) and other
regulated entities. The agency also shall consider the following:
(1) The nature of any complaints or comments received from the
public, including small businesses (as defined in IC 4-22-2.1-4),
concerning the rule or the rule's implementation by the agency.
(2) The complexity of the rule, including any difficulties
encountered by:
(A) the agency in administering the rule; or
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(B) small businesses (as defined in IC 4-22-2.1-4) or other
regulated persons in complying with the rule.
(3) The degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule since
the last time the rule was reviewed.
(c) In the review, the agency shall compare the requirements
within the rule to similar requirements in Illinois, Kentucky,
Michigan, Ohio, and any additional states designated by the office
of management and budget for comparison.
(c) (d) The agency shall prepare written findings concerning the
agency's determinations under this section. The written findings shall
include the following:
(1) A statement identifying whether the program or subject
matter covered by the rule is still carried out by the agency.
(2) The rationale for the agency's determination under
subsection (a) for the continued need for the rule.
(3) The rationale for the agency's determination under
subsection (a) that the rule, if readopted, will meet each of the
standards in IC 4-22-2-19.5 and (if applicable) the
requirements for fees, fines, and civil penalties in
IC 4-22-2-19.6.
(4) Either of the following:
(A) Any revisions to previously prepared cost benefit,
economic impact, fiscal impact, or regulatory burden
statements prepared by the agency for the rule under:
(i) IC 4-3-22-13;
(ii) IC 4-22-2-22.7;
(iii) IC 4-22-2-22.8;
(iv) IC 4-22-2-28; or
(v) IC 4-22-2.1-5;
if those previously prepared statements were published by
the Indiana Register.
(B) If the rule did not have a prior cost benefit, economic
impact, fiscal impact, or regulatory burden statement
prepared by the agency for the rule under:
(i) IC 4-3-22-13;
(ii) IC 4-22-2-22.7;
(iii) IC 4-22-2-22.8;
(iv) IC 4-22-2-28; or
(v) IC 4-22-2.1-5;
published in the Indiana Register, a copy of an updated
regulatory burden statement that meets the requirements
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of IC 4-22-2-22.7.
(5) Any alternative methods of achieving the purpose of the
rule that are less costly or less intrusive, or that would
otherwise minimize the economic impact of the proposed rule
on small businesses (as defined in IC 4-22-2.1-4) and other
regulated entities.
(6) The nature of any complaints or comments received from
the public, including small businesses (as defined in
IC 4-22-2.1-4), concerning the rule or the rule's
implementation by the agency.
(7) Any difficulties encountered by:
(A) the agency in administering the rule; or
(B) small businesses (as defined in IC 4-22-2.1-4) or other
regulated persons in complying with the rule.
(8) The degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule
since the last time the rule was adopted, readopted, or
amended.
(9) Whether the federal government or any of the states
covered by subsection (c) have less restrictive requirements
than the rule, and, if so, the evidence or unique circumstances
that justify why the more restrictive requirements in the rule
are necessary.
(10) The last time the substantive content of the rule was
amended.
(11) Whether the substantive content in the rule would be
more appropriately integrated into the Indiana Code as
opposed to remaining as a separate administrative rule. In
making such a determination, the agency shall consider the
frequency of updates to the rule since its initial promulgation.
If the substantive content of the rule has not been modified in
the prior eight (8) years, the agency must present specific
facts that justify keeping the substantive content in an
administrative rule rather than the Indiana Code.
(e) The written findings in subsection (d) must be submitted in
a form that can be easily loaded into commonly used business
analysis software and published in the Indiana Register using the
format jointly developed by the publisher, the office of
management and budget, and the budget agency. The office of
management and budget may provide more stringent requirements
for rules with fiscal impacts and costs above a threshold amount
determined by the office of management and budget.
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SECTION 10. IC 4-22-2.6-5, AS AMENDED BY P.L.93-2024,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 5. (a) If an agency elects to readopt a rule
under this chapter, the agency shall submit a copy of the written
findings under section 4 of this chapter to the office of management
and budget and the legislative council not later than the first
regular business day in July of the year preceding the year in
which the rule expires under this chapter.
(a) (b) If an agency elects to readopt a rule under this chapter, the
agency shall submit a notice of proposed readoption to the publisher
not later than the first regular business day in September of the year
preceding the year in which the rule expires under this chapter for
publication in the Indiana Register. A separate notice must be
published for each board or other person or entity with rulemaking
authority.
(b) (c) The notice must include the following:
(1) A general description of the subject matter of all rules
proposed to be readopted.
(2) A listing of rules that are proposed to be readopted, listed by
their titles and subtitles only.
(3) A written public comment period of thirty (30) days and
instructions on how to submit written comments to the agency.
(4) A request for comments on whether specific rules should be
reviewed through the regular rulemaking process under
IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9,
when applicable).
(5) A summary of The agency's written findings under section 4
of this chapter.
(6) Any other information required by the publisher.
(c) (d) The agency shall submit the material in the form required by
IC 4-22-2-20. The agency need not resubmit the documents required by
IC 4-22-2-21 if the publisher received a copy of the documents when
the rule was previously adopted or amended. The publisher shall
review the material submitted under this section and determine the date
that the publisher intends to include the material in the Indiana
Register. After:
(1) establishing the intended publication date; and
(2) receiving the material as required by this section;
the publisher shall provide an electronic mail authorization to proceed
to the agency and publish the material on the intended publication date.
SECTION 11. IC 4-23-5.5-2.5, AS ADDED BY P.L.42-2024,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 2.5. (a) Each A member of the board who is not
a state employee is not entitled to:
(1) the minimum salary per diem provided by IC 4-10-11-2.1(b);
or
(2) The member is also entitled to reimbursement for mileage,
traveling expenses, as provided under IC 4-13-1-4, and other
expenses actually incurred in connection with the member's
duties. as provided in the state policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(b) Each member of the board who is a state employee is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(c) Each member of the board who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to members of the general assembly serving on interim
study committees established by the legislative council. Per diem,
mileage, and travel allowances paid under this subsection shall be paid
from appropriations made to the legislative council or the legislative
services agency.
(d) Expenses paid under subsections (a) and subsection (b) shall be
paid from appropriations made to the department of environmental
management.
SECTION 12. IC 4-23-6 IS REPEALED [EFFECTIVE JULY 1,
2027]. (Commission on Forensic Sciences).
SECTION 13. IC 4-23-6.5-4, AS AMENDED BY P.L.56-2023,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 4. (a) The board consists of seven (7) six (6)
members. The board must include the following:
(1) The commissioner of the Indiana department of health or the
commissioner's designee.
(2) The chairman of the commission on forensic sciences or the
chairman's designee.
(3) (2) The superintendent of the state police department or the
superintendent's designee.
(4) (3) Four (4) county coroners appointed by the governor, who
shall consider appointing coroners who are women or members
of minority groups.
(b) Not more than two (2) of the county coroner members of the
HEA 1003 — CC 1
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board may be from the same political party.
SECTION 14. IC 4-23-6.5-5, AS AMENDED BY P.L.56-2023,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 5. (a) The commissioner of the Indiana
department of health or the commissioner's designee shall serve as
chairman chairperson of the board.
(b) The board shall annually elect a vice chairman chairperson
from among the members of the board.
(c) The chairperson may only vote to break a tie.
SECTION 15. IC 4-23-7-2, AS AMENDED BY P.L.84-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. (a) The management and control of the Indiana
library and historical department is hereby vested in a board which
shall be known as the Indiana library and historical board, and which
shall consist of five (5) members, who shall be appointed by the
governor.
(b) All members shall be appointed for terms of four (4) years. A
person may not be appointed as a member of the Indiana library and
historical board unless the person is a citizen of high standing and
probity and has a known and active interest in library or historical
work. The members of the board shall be appointed as follows:
(1) One (1) member of the library and historical board shall be
appointed on recommendation of the state board of education.
(2) One (1) member must be appointed on the recommendation of
the Indiana Library Federation.
(3) At least one (1) member shall be appointed on
recommendation of the Indiana historical society.
(4) At least one (1) member must be a public library trustee
appointed on the recommendation of the Indiana Library Trustee
Association.
(c) The members of the board shall serve without compensation, but
shall be entitled to receive their actual expenses necessarily incurred
in attending the meetings and transacting the business of the board, and
in participating in such other activities as may be in the interest of the
department.
(d) Any vacancy which may occur in the membership of the board
for any cause shall be filled by appointment by the governor for the
unexpired term.
(e) The board may prepare plans subject to the approval of the
governor and advise with the proper officials in the construction of
alterations and additions to the building and provide necessary
equipment and furnishings within the appropriations of funds for these
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purposes.
(f) The board may receive and administer any state or federal aid
which may become available for the improvement and development of
library and historical services in Indiana.
SECTION 16. IC 4-23-7-2.1, AS AMENDED BY P.L.42-2018,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2.1. (a) The Indiana library and historical board
shall elect one (1) of its members as president, another as secretary,
and such other officers as it determines, each of whom shall hold office
for a term of one (1) year.
(b) The board may designate the director of the state library as the
executive secretary of the board with duties as prescribed by the board.
SECTION 17. IC 4-23-7-5, AS AMENDED BY P.L.42-2018,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 5. Subject to the provisions of this chapter, the
Indiana library and historical board shall formulate policies for the
care, management, and expansion of the Indiana library and historical
department so that the department is operated according to the most
approved standards of library and historical service.
SECTION 18. IC 4-23-7-5.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 5.2. The Indiana library
and historical board may accept gifts, bequests, and devises of personal
and real property for the maintenance, use, or benefit of the Indiana
library and historical department under such terms and conditions and
with such obligations, liabilities, and burdens as in the judgment of the
board and the governor is in the best interest of the Indiana library and
historical department; however, no obligation, liability, or burden shall
be assumed that is in excess of appropriations made by law for the
payment of such obligations, liabilities, and burdens.
SECTION 19. IC 4-23-7-5.3, AS AMENDED BY P.L.1-2009,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 5.3. (a) The Indiana library and historical board
may, on the recommendation of the director of the state library, sell,
lease, exchange, or otherwise dispose of library materials under:
(1) IC 5-22-21; or
(2) IC 5-22-22.
(b) The Indiana library and historical board may, on the
recommendation of the director of the state library and in accordance
with policies and procedures adopted by the board, sell, donate, or
exchange library materials to or with other public or nonprofit libraries
or historical societies.
(c) The Indiana library and historical board may, on the
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recommendation of the director of the state library, adopt policies and
procedures for evaluating a proposal to:
(1) accept gifts of;
(2) sell;
(3) exchange; or
(4) otherwise dispose of;
library materials described in IC 4-23-7.1-3.
SECTION 20. IC 4-23-7-5.4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 5.4. (a) The library and
historical department fund is established as a dedicated fund to be
administered by the Indiana library and historical board. The monies
in the fund may be expended by the board exclusively for the
maintenance, use, or benefit of the Indiana library and historical
department.
(b) The proceeds from the sale of items as directed by law or by the
Indiana library and historical board, from gifts of money or the
proceeds from the sale of gifts donated to the fund, and from
investment earnings from any portion of the fund, shall be deposited in
the fund.
(c) All monies accruing in the fund are hereby appropriated
continuously for the purposes specified in this section.
(d) No portion of the fund shall revert to the general fund of the
state at the end of a fiscal year; however, if the fund is abolished, its
contents shall revert to the general fund of the state.
SECTION 21. IC 4-23-7.1-1, AS AMENDED BY P.L.42-2018,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 1. As used in this chapter:
(1) "Agency" means any state administration, agency, authority,
board, bureau, commission, committee, council, department,
division, institution, office, service, or other similar body of state
government.
(2) "Board" means the Indiana library and historical board
established by IC 4-23-7-2.
(3) "Department" means the Indiana library and historical
department established by IC 4-23-7-1.
(4) "Director" means director of the Indiana state library.
(5) "Historical bureau" means the Indiana historical bureau
established by IC 4-23-7.2-2.
(6) "Public library" has the meaning set forth in IC 36-12-1-5.
(7) "State library" means the Indiana state library established by
IC 4-23-7-3.
(8) "Statewide library card program" refers to the program
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established by section 5.1 of this chapter.
SECTION 22. IC 4-23-7.1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 4. The state library
shall initiate or participate in plans or programs for historical or library
development in Indiana that are considered appropriate by the Indiana
library and historical board.
SECTION 23. IC 4-23-7.1-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 23. The enumeration
of the specific powers and duties in this chapter does not exclude the
state library from engaging in any other activity, not contrary to law,
that the Indiana library and historical board may consider appropriate
in the development of library service to state government, to the
libraries and library profession of Indiana, and to the citizens of the
state.
SECTION 24. IC 4-23-7.1-32, AS AMENDED BY P.L.84-2012,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 32. Any book or other library material, unless
restricted because of its value, physical condition, historical
importance, demand, requirement for research, or legal or contractual
restriction, belonging to or in custody of the state library may be
borrowed for use outside of the library by any resident of the state or
any library in accordance with policies adopted by the Indiana library
and historical board.
SECTION 25. IC 4-23-7.1-39.1 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 39.1. (a) The state library advisory council is established
for the purpose of advising the board and the state librarian concerning:
(1) general policies of the state library;
(2) plans or programs for library development and interlibrary
cooperation;
(3) library research;
(4) professional development for librarians;
(5) standards and rules for library services;
(6) administration and distribution of state and federal funds; and
(7) other matters as requested by the board and the state librarian.
(b) The advisory council consists of not more than fifteen (15)
members.
(c) The board shall appoint the members of the advisory council,
with nominations for appointment from library organizations and the
state librarian.
(d) Members of the advisory council shall serve two (2) year terms.
However, the board shall stagger the terms of the initial appointees.
(e) Notwithstanding subsection (d), if a member misses a majority
HEA 1003 — CC 1
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of the advisory council's meetings in a calendar year, the board may
remove the member and appoint a new member to serve the remainder
of the term of the member removed under this subsection.
(f) A member of the advisory council is not entitled to
compensation, per diem, or reimbursement for expenses.
(g) A quorum of the members must be present for the advisory
council to take any official action. A quorum of the advisory council
consists of a majority of the members appointed to the advisory
council. An affirmative vote by a majority of the members present is
needed for the advisory council to make a recommendation or take any
official action.
SECTION 26. IC 4-23-7.2-1, AS AMENDED BY P.L.42-2018,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 1. The following definitions apply throughout this
chapter:
(1) "Agency" means any state administration, agency, authority,
board, bureau, commission, committee, council, department,
division, institution, office, service, or other similar body of state
government.
(2) "Board" means the Indiana library and historical board
established by IC 4-23-7-2.
(3) "Department" means the Indiana library and historical
department established by IC 4-23-7-1.
(4) "Deputy director" means the deputy director of the Indiana
historical bureau.
(5) "Director" means director of the library.
(6) "Historical bureau" means the Indiana historical bureau
established by section 2 of this chapter.
(7) "Library" means the Indiana state library established by
IC 4-23-7-3.
SECTION 27. IC 4-23-7.2-21 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 21. (a) An advisory committee is established to advise
the historical bureau in establishing an oral history of the general
assembly under section 20 of this chapter. The committee consists of
the following eight (8) members:
(1) One (1) member of the general assembly appointed by the
speaker of the house of representatives.
(2) One (1) member of the general assembly appointed by the
minority leader of the house of representatives.
(3) One (1) member of the general assembly appointed by the
president pro tempore of the senate.
(4) One (1) member of the general assembly appointed by the
HEA 1003 — CC 1
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minority leader of the senate.
(5) Four (4) members appointed by the governor as follows:
(A) One (1) member nominated by the Indiana library and
historical board.
(B) One (1) member nominated by the Indiana Historical
Society.
(C) One (1) member nominated by the Center for the Study of
History and Memory at Indiana University.
(D) One (1) member nominated by the board of trustees of The
History Museum in South Bend.
(b) The following apply to the governor's appointments under
subsection (a)(5):
(1) Not more than two (2) members appointed by the governor
may be members of the same political party.
(2) The appointments must be made so that the northern, central,
and southern regions of Indiana are represented on the committee.
(c) Members of the committee serve at the pleasure of the
appointing authority. If a vacancy occurs on the committee, the
appointing authority that appointed the member whose position is
vacant shall appoint an individual to fill the vacancy. An individual
appointed to fill a vacancy must have the qualifications that a member
appointed by the appointing authority must have.
(d) The:
(1) chairman of the legislative council, with the advice of the
vice-chairman, shall designate the chair; and
(2) vice-chairman of the legislative council, with the advice of the
chairman, shall designate a vice-chair;
of the committee from among the legislative members of the
committee. The chair and vice-chair of the committee serve at the
pleasure of the appointing authority.
(e) Each member of the committee is entitled to receive the same
per diem, mileage, and travel allowances paid to individuals who serve
as legislative and lay members, respectively, of interim study
committees established by the legislative council.
(f) The historical bureau shall provide staff support to the
committee.
(g) Expenses incurred by the committee to carry out its functions
must be paid from appropriations to the Indiana library and historical
board.
(h) On or before July 1, 2027, and July 1 biennially thereafter, the
committee shall submit a report to the executive director of the
legislative services agency, in an electronic format under IC 5-14-6, for
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review by the interim committee on government in accordance with
IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the committee during the preceding two (2) years.
SECTION 28. IC 4-23-12 IS REPEALED [EFFECTIVE JULY 1,
2027]. (Indiana Commission for Arts and Humanities in Education).
SECTION 29. IC 4-23-24.1 IS REPEALED [EFFECTIVE JULY 1,
2027]. (Dr. Martin Luther King Jr. Indiana Holiday Commission).
SECTION 30. IC 4-23-25 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Indiana Commission for Women).
SECTION 31. IC 4-23-26 IS REPEALED [EFFECTIVE JULY 1,
2027]. (Advisory Committee for Children With Special Health Needs).
SECTION 32. IC 4-23-27 IS REPEALED [EFFECTIVE JULY 1,
2027]. (Children's Health Policy Board).
SECTION 33. IC 4-23-28 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Commission on Hispanic/Latino Affairs).
SECTION 34. IC 4-23-31 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Commission on the Social Status of Black Males).
SECTION 35. IC 4-23-32 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Native American Indian Affairs Commission).
SECTION 36. IC 4-23-36 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 36. Indiana Cultural Commission
Sec. 1. As used in this chapter, "commission" refers to the
Indiana cultural commission established by section 3 of this
chapter.
Sec. 2. As used in this chapter, "Native American Indian" means
an individual who is at least one (1) of the following:
(1) An Alaska native as defined in 43 U.S.C. 1602(b).
(2) An Indian as defined in 25 U.S.C. 450b(d).
(3) A native Hawaiian as defined in 20 U.S.C. 7517(1).
Sec. 3. The Indiana cultural commission is established.
Sec. 4. (a) The commission consists of fifteen (15) members
appointed as follows:
(1) Two (2) members of the house of representatives
appointed as follows:
(A) One (1) member appointed by the speaker of the house
of representatives.
(B) One (1) member appointed by the minority leader of
the house of representatives.
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(2) Two (2) members of the senate appointed as follows:
(A) One (1) member appointed by the president pro
tempore of the senate.
(B) One (1) member appointed by the minority leader of
the senate.
(3) One (1) individual who is not a member of the general
assembly appointed by the speaker of the house of
representatives.
(4) One (1) individual who is not a member of the general
assembly appointed by the president pro tempore of the
senate.
(5) The secretary of the family and social services
administration, or the secretary's designee.
(6) The commissioner of the Indiana department of health, or
the commissioner's designee.
(7) The secretary of education, or the secretary's designee.
(8) The commissioner of the department of correction, or the
commissioner's designee.
(9) The director of the civil rights commission, or the
director's designee.
(10) Four (4) individuals appointed by the governor in
accordance with subsection (b).
(b) The following apply to members of the commission
appointed by the governor under subsection (a)(10):
(1) The appointed individuals may not be members of the
general assembly or state employees.
(2) The appointed individuals must represent the following:
(A) The Black community.
(B) The Hispanic/Latino community.
(C) Women.
(D) The Native American Indians.
(c) If a legislative member of the commission ceases to be a
member of the legislative chamber from which the member was
appointed, the member ceases to be a member of the commission.
(d) A member of the commission:
(1) serves at the pleasure of the member's appointing
authority; and
(2) may be removed at any time by the appointing authority.
(e) If a vacancy on the commission occurs, the appointing
authority who appointed the former member whose position has
become vacant shall appoint an individual to fill the vacancy. An
individual appointed to fill a vacancy serves on the commission for
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the remainder of the unexpired term of the individual's
predecessor.
Sec. 5. (a) A member of the commission may be reappointed for
successive terms.
(b) The following members serve a two (2) year term that
expires June 30 of an odd-numbered year:
(1) A member of the general assembly appointed to the
commission under section 4 of this chapter.
(2) A member appointed to the commission under section
4(a)(3) or 4(a)(4) of this chapter.
(c) A member appointed to the commission under section
4(a)(10) of this chapter serves a term that expires December 31,
2028, and each fourth year thereafter.
Sec. 6. (a) The commission shall meet:
(1) at the call of the chairperson as necessary to fulfill its
duties under this chapter; and
(2) at least once quarterly in each calendar year.
(b) The chairperson shall designate the following subcommittees
to meet at least two (2) times each year:
(A) Black Hoosier affairs.
(B) The Hispanic/Latino affairs.
(C) Hoosier women concerns.
(D) The Native American Indian affairs.
Each subcommittee shall submit an annual report on its activities
to the full commission.
(c) A subcommittee designated under this section is comprised
of at least three (3) members of the commission appointed by the
chairperson who represent the community that is the concern of
the subcommittee.
Sec. 7. (a) At the first official meeting of the commission each
year, the members shall elect:
(1) a member to serve as the chairperson of the commission;
and
(2) a member to serve as the vice chairperson of the
commission.
(b) A member elected to serve as chairperson or vice
chairperson of the commission shall serve for a term of one (1)
year. The term of office expires at the first commission meeting
held in the following year.
(c) A vacancy in the office of chairperson or vice chairperson
must be filled by a member of the commission selected by vote of
the remaining members of the commission.
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Sec. 8. Eight (8) members of the commission constitute a
quorum for conducting commission business. The affirmative vote
of at least eight (8) members is required for the commission to take
official action on any measure. A member of the commission may
participate in a meeting by electronic means in accordance with
IC 5-14-1.5-3.6 as long as at least five (5) members of the
commission are physically present at the meeting.
Sec. 9. (a) Each member of the commission who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement
for mileage and traveling expenses as provided under IC 4-13-1-4,
and other expenses actually incurred in connection with the
member's duties as provided in the state policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(b) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each member of the commission who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to members of the general assembly
serving on interim study committees established by the legislative
council. Per diem, mileage, and travel allowances paid under this
subsection shall be paid from appropriations made to the
legislative council or the legislative services agency.
(d) Expenses paid under subsections (a) and (b) shall be paid
from appropriations made to the civil rights commission.
Sec. 10. The commission shall do the following:
(1) Identify, study, and research issues affecting
underrepresented and minority groups, including the groups
described in section 6(b) of this chapter, in the following
areas:
(A) Health care.
(B) Economic and business development.
(C) Employment.
(D) Education.
(E) Social and family development.
(F) Housing.
(G) Civil rights.
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(H) The justice system.
(I) Any other aspect of society identified by the
commission.
(2) Promote cooperation and understanding between
communities throughout Indiana.
(3) Assess the needs of underrepresented and minority groups
and identify recommendations to resolve those needs.
(4) Promote full participation of underrepresented and
minority groups in all aspects of society.
(5) Identify legal and social barriers to underrepresented and
minority groups.
(6) Identify measures that could facilitate easier access to
state and local government services by underrepresented and
minority groups.
(7) Make recommendations to appropriate governmental
agencies regarding issues of preservation and excavation of
Native American Indian historical and archeological sites,
including the reburial of remains of Native American Indians,
that are consistent with IC 14-21-1-25.5.
(8) Monitor legislation, policies, and other legal developments
in order to make recommendations to the general assembly
and the governor that support the commission's purposes.
(9) Gather, study, and disseminate information on
underrepresented and minority groups through publications,
public hearings, conferences, and other means.
(10) Before November 1 of each year, submit an annual report
on the commission's activities to:
(A) the governor; and
(B) the legislative council in an electronic format under
IC 5-14-6.
Sec. 11. The commission may study topics that are not described
in section 10 of this chapter as assigned by the legislative council.
Sec. 12. The commission may do the following:
(1) Designate and appoint members to subcommittees in
accordance with section 6 of this chapter.
(2) Transact business and enter into contracts that support
the commission's purposes.
(3) Apply for, receive, and disburse gifts, contributions, and
grants of funds or in-kind services.
(4) Adopt, rescind, and amend bylaws to regulate the conduct
of the commission's business.
(5) Assign duties to the commission's officers under the
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commission's bylaws.
Sec. 13. The commission may not study or make any
recommendation on the following issues:
(1) Negotiations between a Native American Indian tribe and
the state or federal government concerning tribal sovereignty.
(2) Gaming on tribal land.
Sec. 14. (a) The civil rights commission shall provide staff and
administrative support for the commission.
(b) Except as provided in section 9(c) of this chapter, expenses
incurred under this chapter shall be paid from funds appropriated
to the civil rights commission.
Sec. 15. (a) The Indiana cultural commission special fund is
established to provide money for special projects of the
commission.
(b) The treasurer of state shall administer the fund.
(c) Expenses of administering the fund must be paid from
money in the fund.
(d) The fund consists of gifts, contributions, and money donated
to the commission.
(e) The treasurer of state shall invest money in the fund not
needed to meet the obligations of the fund in the same manner as
other public funds may be invested.
(f) Money in the fund is continuously appropriated for the
purposes described in subsection (a).
Sec. 16. (a) As used in this section, "license plate revenue" refers
to money attributable to license plate sales under IC 9-18.5 that
was paid to the Native American Indian affairs commission (before
its repeal) or to the commission under IC 9-18.5-22-4.
(b) The commission and the civil rights commission shall assist
members of the Native American Indian community in establishing
a nonprofit corporation to:
(1) advocate for the Native American Indians residing in
Indiana; and
(2) promote events, programming, and services for the benefit
of Native American Indians residing in Indiana.
(c) Not later than thirty (30) days after the executive director of
the civil rights commission determines that the:
(1) nonprofit corporation described in subsection (b) has been
established; and
(2) officers of the corporation are in place and prepared to
fulfill their official duties;
the executive director shall inform the bureau of motor vehicles
HEA 1003 — CC 1
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that the nonprofit corporation has been established and is
prepared to receive revenue under IC 9-18.5-22-4 in the ensuing
calendar year.
(d) Before January 1 of the calendar year following the calendar
year in which a nonprofit corporation described in subsection (b)
is established under this section, the commission shall transfer any
remaining license plate revenue under its control to the treasurer
of the nonprofit corporation.
SECTION 37. IC 4-31-11-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 7. A member of a
development committee is not entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b) However, a member is entitled to or
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties. as provided in the
state travel policies and procedures established by the department of
administration and approved by the budget agency.
SECTION 38. IC 5-1.5-2-2, AS AMENDED BY P.L.259-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. (a) There is established a board of directors to
govern the bank. The powers of the bank are vested in this board.
(b) The board is composed of:
(1) the treasurer of state, who shall be the chairman ex officio, or
the treasurer of state's designee;
(2) the public finance director appointed under IC 5-1.2-3-6, who
shall be the director ex officio, or the public finance director's
designee; and
(3) five (5) directors one (1) director appointed by the governor;
(4) two (2) directors appointed by the president pro tempore
of the senate; and
(5) two (2) directors appointed by the speaker of the house of
representatives.
(c) Each of the five (5) directors appointed by the governor: under
subsection (b)(3) through (b)(5):
(1) must be a resident of Indiana;
(2) must have substantial expertise in the buying, selling, and
trading of municipal securities, in municipal administration or in
public facilities management;
(3) serves for a term of three (3) years and until the director's
successor is appointed and qualified;
(4) is eligible for reappointment;
(5) is entitled to receive the same minimum salary per diem as is
provided in IC 4-10-11-2.1(b) while performing the director's
HEA 1003 — CC 1
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duties. Such a director is also entitled to the same reimbursement
for traveling expenses and other expenses, actually incurred in
connection with the director's duties as is provided in the state
travel policies and procedures, established by the department of
administration and approved by the budget agency; and
(6) may be removed by the governor for cause by the
appropriate appointing authority.
(d) Any vacancy on the board, other than by expiration of term, shall
be filled by appointment of the governor the appropriate appointing
authority for the unexpired term only.
SECTION 39. IC 5-2-2 IS REPEALED [EFFECTIVE JULY 1,
2027]. (Law Enforcement Academy Building Commission).
SECTION 40. IC 5-13-9-12, AS ADDED BY P.L.213-2025,
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 12. (a) As used in this section, "board" refers to
the Indiana local government investment pool board established by
subsection (c).
(b) As used in this section, "investment pool" refers to the local
government investment pool established by section 11(b) of this
chapter.
(c) The Indiana local government investment pool board is
established as a continuing board under the executive branch of state
government. The purpose of the board is to establish policies for the
investment of funds contributed to the investment pool.
(d) The board consists of the following seven (7) members:
(1) The treasurer of state, or the treasurer of state's designee.
(2) The director of the Indiana department of financial
institutions.
(3) Two (2) members with practical experience with financial
institutions, local government or public finance, or financial
investments domiciled in Indiana, appointed by the president pro
tempore of the senate.
(4) Two (2) members with practical experience with financial
institutions, local government or public finance, or financial
investments domiciled in Indiana, appointed by the speaker of the
house of representatives.
(5) One (1) member with practical experience with financial
institutions, local government or public finance, or financial
investments domiciled in Indiana, appointed by the governor.
(e) A member appointed under subsection (d)(3), (d)(4), or (d)(5)
serves a term of four (4) years and may be reappointed by the
appointing authority.
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(f) A member appointed under subsection (d)(1) or (d)(2) who
ceases to hold the office or qualification described in that subsection
ceases to be a member of the board.
(g) The governor shall designate one (1) of the members as
chairperson. The members of the board shall elect a chairperson at
the first meeting each year. The member elected chairperson serves
a one (1) year term as chairperson. The chairperson has one (1) vote
on all matters voted on by the members.
(h) A member of the board who is appointed under subsection
(d)(3), (d)(4), or (d)(5) serves a term that ends June 30 of the
odd-numbered year four (4) years after appointment.
(i) The board shall meet at least four (4) times a year and at the call
of the chairperson.
(j) Five (5) members of the board constitute a quorum. The
affirmative votes of four (4) members are required to take any action.
(k) Each member of the board who is not a state employee is entitled
to the minimum salary per diem provided by IC 4-10-11-2.1(b) for each
day that the member is engaged in the official business of the board.
The member is also entitled to reimbursement for mileage, traveling
expenses, and other expenses actually incurred in connection with the
member's duties, as provided in the state travel policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(l) The expenses of the board shall be paid from the investment
pool.
(m) The board shall establish policies regarding how the treasurer
of state shall administer and invest the funds in the investment pool.
The policies must provide the following:
(1) There is not a minimum time for which funds paid into the
investment pool must be retained by the investment pool.
(2) There is not a limit on the number of accounts that the state or
a unit of government participating in the investment pool may
establish within the investment pool.
(3) The investment pool shall be audited at least annually by an
independent auditing firm, with an electronic or paper copy of the
audit provided to the state and each unit of government
participating in the pool.
(4) Not less than fifty percent (50%) of funds available for
investment shall be deposited in banks qualified to hold deposits
of participating local government entities.
(n) The board may select and direct the treasurer of state to contract
with accountants, attorneys, regulated investment advisors, money
HEA 1003 — CC 1
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managers, and other finance and investment professionals to make
investments and provide for the public accounting and legal
compliance necessary to ensure and maintain the safety, liquidity, and
yield of the investment pool.
SECTION 41. IC 5-16-3-2, AS AMENDED BY P.L.187-2021,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. The department of homeland security shall
provide a safe depository for all blueprints and specifications filed as
provided in section 1 of this chapter and retain them for inspection and
loan under the conditions and restrictions as the fire prevention and
building safety commission department of homeland security shall
determine by rule. The fire prevention and building safety commission
department of homeland security may designate the librarian of the
state of Indiana as the custodian of any blueprints and specifications
filed with it, at any time, and it shall be the duty of the state librarian
to safely preserve the same in the state archives as public documents.
SECTION 42. IC 5-16-13-16, AS ADDED BY P.L.70-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 16. (a) As used in this section, "adequate welding
standards" means specifications, guidelines, tests, and other methods
used to ensure that all structural steel welds meet, at minimum, the
codes and standards for such welds established in the welding code and
under rules adopted by the fire prevention and building safety
commission under IC 22-13-2-2. department of homeland security.
(b) As used in this section, "certified welding inspector" means a
person who has been certified by the American Welding Society to
inspect structural steel welding projects and conduct welder
qualification tests.
(c) As used in this section, "structural steel welding" means
structural welds, weld repair, the structural system, and the welding of
all primary steel members of a structure in accordance with the welding
code. The term does not include welding that is required by the
American Society of Mechanical Engineers to have its own
certification.
(d) As used in this section, "welding code" refers to the American
Welding Society structural steel welding code D1.1, as in effect on July
1, 2023.
(e) A contractor whose workers are welding the structural steel on
a public works project shall ensure that all of the following occur:
(1) The workers performing the structural steel welding have been
tested by, and hold a valid certification from, a facility that, or an
individual who, has been accredited by the American Welding
HEA 1003 — CC 1
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Society to test and certify welders and welding inspectors.
(2) All structural steel welds performed for the project meet
adequate welding standards and are listed in the project's job
specifications.
(3) All structural steel welding inspections listed in the project's
job specifications are completed by a certified welding inspector.
SECTION 43. IC 5-26-1-1 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 1. As used in this article, "commission" refers to the
integrated public safety commission established under IC 5-26-2-1.
SECTION 44. IC 5-26-1-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 1.5. As used in this article, "department" means the
department of homeland security established by IC 10-19-2-1.
SECTION 45. IC 5-26-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. As used in this
article, "fund" refers to the integrated public safety emergency
communications fund established under by IC 5-26-4-1.
SECTION 46. IC 5-26-1-3 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 3. As used in IC 5-26-2, "member" refers to a member of
the integrated public safety commission.
SECTION 47. IC 5-26-1-6, AS AMENDED BY P.L.66-2017,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. As used in this article, "user agency" means a
public safety agency or other entity that enters into an agreement with
the commission department to use the system.
SECTION 48. IC 5-26-2-1 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 1. The integrated public safety commission is established
for the purpose of promoting the efficient use of public safety agency
resources through improved coordination and cooperation to enhance
the safety of Indiana residents.
SECTION 49. IC 5-26-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. The commission
department shall publish its policies within a standardized operations
procedures manual.
SECTION 50. IC 5-26-2-3 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 3. (a) The commission is comprised of twelve (12)
members as follows:
(1) A sheriff appointed by the governor.
(2) A chief of police appointed by the governor.
(3) A fire chief appointed by the governor.
(4) A head of an emergency medical services provider appointed
by the governor.
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(5) A mayor appointed by the governor.
(6) A county commissioner appointed by the governor.
(7) A representative of campus law enforcement appointed by the
governor.
(8) A representative of the private sector appointed by the
governor.
(9) The superintendent of the state police department.
(10) The special agent in charge of the Indiana office of the
Federal Bureau of Investigation or designee.
(11) An individual appointed by the speaker of the house of
representatives.
(12) An individual appointed by the president pro tempore of the
senate.
(b) Not more than four (4) members appointed under subsection
(a)(1) through (a)(8) may be members of the same political party.
(c) The terms of the members appointed under subsection (a)(1)
through (a)(8) are four (4) years in length and expire as follows:
(1) For a member described in subsection (a)(1) through (a)(4),
December 31, 2025, and each fourth year thereafter.
(2) For a member described in subsection (a)(5) through (a)(8),
December 31, 2027, and each fourth year thereafter.
(d) A member appointed under subsection (a)(11) or (a)(12) serves
a term of two (2) years. The term expires June 30 of an odd-numbered
year.
(e) A member of the commission may be reappointed to successive
terms. A vacancy on the commission shall be filled by the appropriate
appointing authority. An individual appointed to fill a vacancy serves
for the unexpired term of the individual's predecessor.
SECTION 51. IC 5-26-2-4 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 4. (a) Seven (7) members of the commission constitute a
quorum.
(b) An affirmative vote of at least seven (7) members of the
commission is required for the commission to take action.
SECTION 52. IC 5-26-2-5, AS AMENDED BY P.L.136-2018,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. The commission's department's powers
include the following:
(1) Planning for voluntary coordination of resources by public
safety agencies.
(2) Developing coordinated, integrated responses to significant
public safety events by those public safety agencies that choose
to take part.
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(3) Developing means of sharing information operationally and
technologically to improve public safety.
(4) Contracting with consultants to assist in the planning and
development under this article.
(5) Contracting with others to provide services under this article.
(6) Accepting gifts, devises, bequests, grants, loans,
appropriations, revenue sharing, other financing and assistance,
and any other aid from any source and agreeing to and complying
with conditions attached thereto as necessary or appropriate to the
purposes of the commission. department.
(7) Acquiring real property, or any interest in real property, by
lease, conveyance (including purchase) instead of foreclosure, or
foreclosure as necessary or appropriate to the purposes of the
commission. department.
(8) Owning, managing, operating, holding, clearing, improving,
and constructing facilities on real property as necessary or
appropriate to the purposes of the commission. department.
(9) Selling, assigning, exchanging, transferring, conveying,
leasing, mortgaging, or otherwise disposing of or encumbering
real property, or interests in real property or facilities on real
property as necessary or appropriate to the purposes of the
commission. department.
(10) Acquiring personal property by lease or conveyance as
necessary or appropriate to the purposes of the commission.
department.
(11) Selling, assigning, exchanging, transferring, conveying,
leasing, mortgaging, or otherwise disposing of or encumbering
personal property, or interests in personal property as necessary
or appropriate to the purposes of the commission. department.
(12) The powers enumerated in IC 5-26-3-6.
(13) Any other power necessary, proper, or convenient to carry
out this article.
SECTION 53. IC 5-26-2-6 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 6. (a) The governor shall select a chair and vice chair of the
commission. The chair and vice chair serve at the pleasure of the
governor.
(b) The chair may appoint staff needed to carry out this chapter from
the existing staff of participating agencies.
(c) The commission shall meet quarterly at the call of the chair.
SECTION 54. IC 5-26-2-7 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 7. Each member of the commission who is not a state
employee is entitled to the minimum salary per diem provided by
HEA 1003 — CC 1
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IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
mileage, traveling expenses as provided under IC 4-13-1-4, and other
expenses actually incurred in connection with the member's duties as
provided in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
SECTION 55. IC 5-26-2-8 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 8. Each member of the commission who is a state employee
is entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
SECTION 56. IC 5-26-2-8.5, AS ADDED BY P.L.42-2024,
SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8.5. Expenses incurred under sections 7 and 8 of
this chapter shall be paid from amounts appropriated to the
commission. department.
SECTION 57. IC 5-26-2-9 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 9. The legislative members of the commission are entitled
to receive the same per diem, mileage, and travel allowances paid to
persons who serve as legislative members of interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this section shall be paid from appropriations
made to the legislative council or the legislative services agency.
SECTION 58. IC 5-26-2-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 10. The commission
department is subject to the procurement procedures under IC 5-22.
SECTION 59. IC 5-26-2-11 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 11. On or before July 1, 2027, and July 1 biennially
thereafter, the commission shall submit a report to the executive
director of the legislative services agency, in an electronic format under
IC 5-14-6, for review by the interim committee on government in
accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall
describe:
(1) official action taken; and
(2) actionable items considered;
by the commission during the preceding two (2) years.
SECTION 60. IC 5-26-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) The commission
department may contract for the establishment of a statewide wireless
public safety voice and data communications system.
(b) The system must:
HEA 1003 — CC 1
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(1) be efficient;
(2) provide modern two (2) way voice or data communication to
user agencies without a duplication of efforts; and
(3) allow user agencies with compatible equipment to
communicate with one another, resulting in the efficient handling
of emergencies and cooperation between agencies.
SECTION 61. IC 5-26-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. If a public safety
agency or other entity decides to use the system, the agency or other
entity must enter into a user's agreement with the commission.
department.
SECTION 62. IC 5-26-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 3. (a) The commission
department is responsible for the supervision of the statewide wireless
public safety voice and data communications systems as follows:
(1) Maintenance of the main wide area transmitter sites and
interconnection links of the system.
(2) Management of the system's Federal Communications
Commission licensing.
(3) Frequency planning for the system.
(4) Management of the system.
(b) The Indiana statewide wireless public safety voice and data
communications system may use the facilities of commercial mobile
radio service providers (as defined in 47 USC U.S.C. 332). If the
commission department chooses to contract with one or more
commercial mobile radio service providers to provide the system, the
commission department may delegate the responsibilities in
subsection (a) to the commercial mobile radio service providers.
SECTION 63. IC 5-26-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 4. The commission
department shall develop criteria for determining whether a public
safety agency or other entity may use the system. The commission
department may not prohibit a public safety agency from using the
public safety agency's own public safety voice and data
communications system.
SECTION 64. IC 5-26-3-5, AS AMENDED BY P.L.66-2017,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. A public safety agency or other entity may join
the system with the approval of the commission. department.
SECTION 65. IC 5-26-3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 6. (a) In addition to the
powers enumerated in IC 5-26-2-5, the commission department has
HEA 1003 — CC 1
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the following powers related to the system:
(1) Ensuring that federal and state communications requirements
are followed.
(2) Providing system planning, including mutual aid planning and
compatibility planning with other public safety agency
communications systems.
(3) Creating a standard user agreement.
(4) Providing technical assistance to local public safety agencies
in making equipment purchases.
(5) Assessing charges for using the system.
(6) Entering into and performing use and occupancy agreements
concerning the system under IC 4-13.5.
(7) Exercising any power necessary to carry out this chapter.
(b) The Indiana statewide wireless public safety voice and data
communications system may use the facilities of commercial mobile
radio service providers (as defined in 47 USC U.S.C. 332). If the
commission department chooses to contract with one (1) or more
commercial mobile radio service providers to provide the system, the
commission department may delegate the responsibilities in
subsection (a) to the commercial mobile radio service providers.
SECTION 66. IC 5-26-3-7 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 7. The following subcommittees are created:
(1) A user's subcommittee.
(2) A technical subcommittee.
(3) A finance subcommittee.
(4) Any other subcommittee as determined by the commission.
SECTION 67. IC 5-26-3-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 8. (a) The department shall issue a request for
proposals (RFP) (as defined in IC 5-22-2-28) for the purchase, or
before issuing a change order, of any communications systems and
equipment by the department that may be made available to public
safety agencies. The communications equipment must be
compatible with existing communications equipment used by
public safety agencies.
(b) Notwithstanding IC 5-22-9-10, proposals shall be evaluated
and awarded on a competitive basis using a scoring rubric
established by the department. The rubric must include specific
criteria developed by the department to ensure a transparent
selection process.
(c) Notwithstanding IC 5-22-9-7, all proposed contracts must be
approved by the budget agency before the department may enter
HEA 1003 — CC 1
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into a contract under this section.
(d) The department may provide reasonable notice to, and
coordinate procurement with, public safety agencies as
circumstances allow.
SECTION 68. IC 5-26-4-1, AS AMENDED BY P.L.198-2016,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) The integrated public safety emergency
communications fund is established to be used only to carry out the
purposes of this article. The fund shall be administered by the
commission. department.
(b) The fund consists of:
(1) appropriations from the general assembly;
(2) gifts;
(3) federal grants;
(4) fees and contributions from user agencies that the commission
department considers necessary to maintain and operate the
system;
(5) amounts distributed to the fund under IC 9; and
(6) money from any other source permitted by law.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(e) If federal funds are not sufficient to pay for the system, the
commission department shall transfer money from the fund to the
communications system infrastructure fund established by IC 5-26-5-4
in amounts sufficient to pay rentals and other obligations under use and
occupancy agreements or other contracts or leases relating to the
financing of the system under IC 4-13.5.
SECTION 69. IC 5-26-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. The money in the
fund is annually appropriated as follows:
(1) To the commission, department, for its use, subject to the
approval of the budget agency, in the acquisition, construction,
equipping, operation, maintenance, and financing of the system
and state user equipment for the system, including the payment of
rentals and other obligations under use and occupancy agreements
or other contracts or leases relating to the financing of the system
under IC 4-13.5.
(2) To the state police department, such amounts as determined
HEA 1003 — CC 1
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by the budget agency that are sufficient to enable the state police
crime laboratory to address any backlog of cases to be processed
by the laboratory. The appropriations under this subdivision are
subject to the payment of rentals and other obligations under use
and occupancy agreements or other contracts or leases relating to
the financing of the system under IC 4-13.5.
SECTION 70. IC 5-26-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 5. The infrastructure
fund shall be administered by the commission. department. The
treasurer of state shall invest the money in the infrastructure fund not
currently needed to meet the obligations of the infrastructure fund in
the same manner as other public funds may be invested.
SECTION 71. IC 5-26-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 7. The commission
department may use the money in the infrastructure fund only to pay
the following:
(1) The cost of construction of communications system
infrastructure.
(2) The cost of acquisition or leasing of all real or personal
property required for the construction of communications system
infrastructure.
(3) The cost of operation and maintenance of communications
system infrastructure.
(4) The cost of demolishing or removing any buildings, structures,
or improvements on property acquired by the commission
department for the construction of communications system
infrastructure.
(5) Engineering and legal expenses, other professional services,
and the costs of plans, specifications, surveys, estimates, and any
necessary feasibility studies.
(6) Payment of rentals and other obligations and performance of
other obligations under use and occupancy agreements or other
contracts or leases relating to the financing of communications
system infrastructure under IC 4-13.5.
SECTION 72. IC 5-26-5-8, AS AMENDED BY P.L.235-2005,
SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. The commission department shall pay its
obligations under any use and occupancy agreement or any other
contract or lease with the Indiana finance authority from money
deposited in the infrastructure fund before making any other
disbursement or expenditure of the money.
SECTION 73. IC 5-26-5-9 IS AMENDED TO READ AS
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FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 9. There is annually
appropriated to the commission department the money in the
infrastructure fund for its use, subject to the approval of the budget
agency, in carrying out the purposes described in section 7 of this
chapter.
SECTION 74. IC 6-9-7-7, AS AMENDED BY P.L.236-2023,
SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 7. (a) The county treasurer shall establish an
innkeeper's tax fund. The treasurer shall deposit in that fund all money
received under section 6 of this chapter that is attributable to an
innkeeper's tax rate that is not more than five percent (5%).
(b) Money in the innkeeper's tax fund shall be distributed as
follows:
(1) Forty percent (40%) shall be distributed to the commission to
carry out its purposes, including making any distributions or
payments to the Lafayette - West Lafayette Convention and
Visitors Bureau, Inc.
(2) Ten percent (10%) shall be distributed to a community
development corporation that serves a metropolitan area in the
county that includes:
(A) Lafayette; and
(B) West Lafayette;
for the community development corporation's use in tourism,
recreation, and economic development activities.
(3) Ten percent (10%) shall be distributed to Historic
Prophetstown to be used by Historic Prophetstown for carrying
out its purposes.
(4) Ten percent (10%) shall be distributed to the Wabash River
Enhancement Corporation to assist the Wabash River
Enhancement Corporation in carrying out its purposes.
(5) The following amounts shall be distributed to the department
of natural resources for the development of projects in the state
park on the Wabash River, including its tributaries:
(A) For distributions in calendar year 2023, ten percent (10%).
(B) For distributions in calendar year 2024, nine percent (9%).
(C) For distributions in calendar year 2025, eight percent
(8%).
(D) For distributions in calendar year 2026, seven percent
(7%).
(E) For distributions in calendar year 2027, six percent (6%).
(F) For distributions in calendar year 2028, five percent (5%).
(G) For distributions in calendar year 2029, four percent (4%).
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(H) For distributions in calendar year 2030, three percent
(3%).
(I) For distributions in calendar year 2031, two percent (2%).
(J) For distributions in calendar year 2032, one percent (1%).
(K) For distributions after calendar year 2032, zero percent
(0%).
The department of natural resources is not required to provide
additional state resources to the state park described in this
subdivision as a result of the reduction of revenue set forth in this
subdivision.
(6) The following amounts shall be distributed to the county fiscal
body for the purposes set forth in subsection (c):
(A) For distributions in calendar year 2023, zero percent (0%).
(B) For distributions in calendar year 2024, one percent (1%).
(C) For distributions in calendar year 2025, two percent (2%).
(D) For distributions in calendar year 2026, three percent
(3%).
(E) For distributions in calendar year 2027, four percent (4%).
(F) For distributions in calendar year 2028, five percent (5%).
(G) For distributions in calendar year 2029, six percent (6%).
(H) For distributions in calendar year 2030, seven percent
(7%).
(I) For distributions in calendar year 2031, eight percent (8%).
(J) For distributions in calendar year 2032, nine percent (9%).
(K) For distributions after calendar year 2032, ten percent
(10%).
(7) Twenty percent (20%) shall be distributed as determined by
the county fiscal body.
(c) Amounts distributed to the county fiscal body under subsection
(b)(6) may only be used for tourism or quality of life purposes,
including:
(1) mixed use development projects;
(2) quality public spaces;
(3) multiple transportation options;
(4) multiple housing options;
(5) revitalization of historic, blighted, or vacant properties;
(6) arts, culture, and creativity; and
(7) recreation and green spaces.
(d) An advisory commission consisting of the following members
is established:
(1) The director of the department of natural resources or the
director's designee.
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(2) The public finance director or the public finance director's
designee.
(3) A member appointed by the Native American Indian affairs
Indiana cultural commission.
(4) A member appointed by Historic Prophetstown.
(5) A member appointed by the community development
corporation described in subsection (b)(2).
(6) A member appointed by the Wabash River Enhancement
Corporation.
(7) A member appointed by the commission.
(8) A member appointed by the county fiscal body.
(9) A member appointed by the town board of the town of
Battleground.
(10) A member appointed by the mayor of the city of Lafayette.
(11) A member appointed by the mayor of the city of West
Lafayette.
(e) The following apply to the advisory commission:
(1) The governor shall appoint a member of the advisory
commission as chairman of the advisory commission.
(2) Six (6) members of the advisory commission constitute a
quorum. The affirmative votes of at least six (6) advisory
commission members are necessary for the advisory commission
to take official action other than to adjourn or to meet to hear
reports or testimony.
(3) The advisory commission shall make recommendations
concerning the use of any proceeds of bonds issued to finance the
development of Prophetstown State Park.
(4) Members of the advisory commission who are state
employees:
(A) are not entitled to any salary per diem; and
(B) are entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and to reimbursement for other
expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(f) The Indiana finance authority may issue bonds for the
development of Prophetstown State Park under IC 5-1.2-6.
SECTION 75. IC 8-1-1.1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 1. As used in this
chapter:
"Council" means the advisory council to the office of utility
HEA 1003 — CC 1
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consumer counselor created under section 7 of this chapter (before its
repeal).
"Counselor" means the consumer counselor established under
section 2 of this chapter.
"Deputy consumer counselor" means the deputy consumer
counselor for Washington affairs that may be established under section
9.1 of this chapter.
"Utility" means any public utility, municipally owned utility or
subscriber owned utility under the jurisdiction of the commission.
SECTION 76. IC 8-1-1.1-7 IS REPEALED [EFFECTIVE JULY 1,
2027]. Sec. 7. (a) There is created the advisory council to the office of
the utility consumer counselor. The council consists of nine (9)
members. Each Indiana congressional district must be represented by
at least one (1) individual appointed under this section who is a
resident of that congressional district. However, the reduction in
membership of the council from ten (10) members to nine (9) shall be
accomplished as the terms of members end and new members are
appointed. Until the expiration of the term of a member who is serving
on the council on January 1, 2014, and resides in the same
congressional district as another member, the council consists of ten
(10) members.
(b) Members of the council, including those filling vacancies
occurring in the council membership, shall be appointed by the
governor. All members shall be appointed to a term of four (4) years,
except those who have been appointed to fill a vacancy in the council
whose term will be the unexpired portion of the term. All members
shall serve until their successor has been duly appointed and qualified.
(c) The membership shall be representative of the various sectors of
Indiana economy, including, but not limited to: agriculture, business
and industry, labor, and local government.
(d) The members shall annually elect of themselves a chairman.
(e) Members are entitled to receive per diem and travel expense
reimbursement at the standard rates provided for state employees for
expenses they incur in the performance of their duties under this
chapter subject to the approval of the consumer counselor.
SECTION 77. IC 8-14-11-1 IS REPEALED [EFFECTIVE JULY 1,
2027]. Sec. 1. As used in this chapter, "board" refers to the local bridge
grant board established by section 9 of this chapter.
SECTION 78. IC 8-14-11-9 IS REPEALED [EFFECTIVE JULY 1,
2027]. Sec. 9. (a) The local bridge grant board is established to receive
and review applications for grants under this chapter. The board
consists of the following members:
HEA 1003 — CC 1
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(1) The director of the department, or the director's designee.
(2) Six (6) persons appointed by the governor, no more than three
(3) of whom may be of the same political party, as follows:
(A) Two (2) members of a county executive.
(B) One (1) county highway engineer.
(C) One (1) mayor of a city.
(D) One (1) member of a town board of trustees.
(E) One (1) person with substantial experience or education in
the design or construction of bridges.
A member appointed under clause (A), (B), (C), or (D) who
ceases to hold the office described in that clause ceases to be a
member of the board.
(b) The governor shall designate a member of the board to serve as
chairman.
(c) Members of the board who are appointed by the governor serve
for terms of four (4) years. The governor shall fill a vacancy on the
board by appointing a new member to serve the remainder of the
unexpired term.
(d) A member of the board, other than the director of the
department, is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Each member of the board is entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the department of
administration and approved by the budget agency.
(e) Four (4) members of the board constitute a quorum. The
affirmative votes of four (4) members of the board are required for the
board to take any action.
SECTION 79. IC 8-14-11-10 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 10. The department shall provide staff support to the
board.
SECTION 80. IC 8-14-11-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 11. The board
department shall establish criteria to be used in evaluating
applications for grants from the fund. These criteria:
(1) must be consistent with the purposes of the federal local
bridge program (23 U.S.C. 144(n));
(2) must be based on good engineering practices; and
(3) must provide for an equitable distribution of grants to counties
located throughout Indiana.
SECTION 81. IC 8-14-11-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 12. (a) The executive
HEA 1003 — CC 1
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of a county may apply to the board department for a grant from the
fund to be used to pay up to eighty percent (80%) of the cost of
construction or reconstruction of one (1) or more local bridges. At the
time of the application, the county executive shall notify the
department of local government finance that the county has made the
application.
(b) The application must include the following:
(1) A description of the construction or reconstruction projects for
which the grant application is made.
(2) The estimated cost of the projects.
(3) The amount of funding the county will provide for the
projects, which must be at least twenty percent (20%) of the
estimated cost of the projects. This amount may include the value
of labor and materials to be provided by the county.
(4) Any other information that the board or the department
considers necessary.
SECTION 82. IC 8-14-11-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 13. Within thirty (30)
days after a county applies for a grant under section 12 of this chapter,
the department of local government finance shall submit to the
department a financial report that includes the following information:
(1) The amount of money available to the county for the
construction and reconstruction of local bridges.
(2) Any other information required by the board or the department
for the processing of grant applications.
SECTION 83. IC 8-14-11-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 14. The board
department shall use the criteria established under section 11 of this
chapter and the report submitted under section 13 of this chapter to
evaluate an application for a grant from the fund. The board
department shall notify a county that makes a grant application of the
board's department's approval or disapproval of the application within
sixty (60) days of the date of the application. The board's department's
decision to approve or disapprove a grant application is final.
SECTION 84. IC 8-14-11-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 15. The board
department and each county for which a grant has been approved
under this chapter shall enter into an agreement specifying the purposes
for which the grant may be used. The terms of the agreement must be
consistent with the purposes of this chapter.
SECTION 85. IC 8-23-9-60, AS ADDED BY P.L.70-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HEA 1003 — CC 1
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JULY 1, 2027]: Sec. 60. (a) As used in this section, "adequate welding
standards" means specifications, guidelines, tests, and other methods
used to ensure that all structural steel welds meet, at minimum, the
codes and standards for such welds established in the welding code and
under rules adopted by the fire prevention and building safety
commission under IC 22-13-2-2. department of homeland security.
(b) As used in this section, "certified welding inspector" means a
person who has been certified by the American Welding Society to
inspect structural steel welding projects and conduct welder
qualification tests.
(c) As used in this section, "structural steel welding" means
structural welds, weld repair, the structural system, and the welding of
all primary steel members of a structure in accordance with the welding
code. The term does not include welding that is required by the
American Society of Mechanical Engineers to have its own
certification.
(d) As used in this section, "welding code" refers to the American
Welding Society structural steel welding code D1.1, as in effect on July
1, 2023.
(e) A contractor whose workers are welding the structural steel on
a project shall ensure that all of the following occur:
(1) The workers performing the structural steel welding have been
tested by, and hold a valid certification from, a facility that, or an
individual who, has been accredited by the American Welding
Society to test and certify welders and welding inspectors.
(2) All structural steel welds performed for the project meet
adequate welding standards and follow the project's special
provisions.
(3) All structural steel welding inspections listed in the project's
special provisions are completed by a certified welding inspector.
(f) If the department reasonably suspects a contractor has violated
this section, the department shall require the contractor to remedy the
violation not later than thirty (30) days after the department notifies the
contractor of the violation. The notification to the contractor must be
signed by the commissioner and sent by a method that enables the
department to verify receipt of the notice by the contractor. During the
thirty (30) day period, the contractor may continue to work on the
project. If the contractor fails to remedy the violation within the thirty
(30) day period, the department shall find the contractor not
responsible and determine the length of time the contractor is
considered not responsible by the department.
(g) In making the determination of the length of time a contractor is
HEA 1003 — CC 1
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not responsible under subsection (f), the department shall consider the
severity of the violation. The period during which a contractor is
considered not responsible:
(1) may not exceed forty-eight (48) months; and
(2) begins on the date of substantial completion of the project.
(h) A finding by the department under subsection (f) that a
contractor is not responsible may not be used by another state agency
or a political subdivision in making a determination as to whether the
contractor is responsible for purposes of that state agency's or political
subdivision's award of a public works contract to that contractor.
SECTION 86. IC 9-13-2-49.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 49.8. "Emergency
communications fund" refers to the emergency communications
fund established by IC 5-26-4-1.
SECTION 87. IC 9-13-2-82.5 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 82.5. "Integrated public safety communications fund"
refers to the integrated public safety communications fund established
by IC 5-26-4-1.
SECTION 88. IC 9-17-2-14.5, AS AMENDED BY P.L.141-2024,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 14.5. (a) The bureau may:
(1) make investigations or require additional information; and
(2) reject an application or request;
if the bureau is not satisfied of the genuineness, regularity, or legality
of an application or the truth of a statement in an application, or for any
other reason.
(b) If the bureau is satisfied that the person applying for a certificate
of title for a vehicle is the owner of the vehicle, the bureau shall issue
a certificate of title for the vehicle after the person pays the applicable
fee under subsection (c) or (d).
(c) The fee for a certificate of title for a vehicle other than a
watercraft is fifteen dollars ($15). Except as provided in subsection (e),
the fee shall be distributed as follows:
(1) Fifty cents ($0.50) to the state motor vehicle technology fund.
(2) To the motor vehicle highway account as follows:
(A) For a title issued before January 1, 2017, one dollar ($1).
(B) For a title issued after December 31, 2016, three dollars
and twenty-five cents ($3.25).
(3) For a title issued before January 1, 2017, three dollars ($3) to
the highway, road and street fund.
(4) Five dollars ($5) to the crossroads 2000 fund.
HEA 1003 — CC 1
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(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(6) To the commission fund as follows:
(A) For a title issued before January 1, 2017, four dollars and
twenty-five cents ($4.25).
(B) For a title issued after December 31, 2016, five dollars
($5).
(d) The fee for a certificate of title for a watercraft is as follows:
(1) For a certificate of title issued before January 1, 2017, fifteen
dollars and fifty cents ($15.50). The fee shall be distributed as
follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) Two dollars ($2) to the crossroads 2000 fund.
(C) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(D) Four dollars and seventy-five cents ($4.75) to the
commission fund.
(E) Seven dollars ($7) to the department of natural resources.
(2) For a certificate of title issued after December 31, 2016,
fifteen dollars ($15). The fee shall be distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) Three dollars and twenty-five cents ($3.25) to the motor
vehicle highway account.
(C) Five dollars ($5) to the crossroads 2000 fund.
(D) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(E) Five dollars ($5) to the commission fund.
(e) Fees paid by dealers under this section shall be deposited in the
motor vehicle odometer fund.
(f) Except as provided in subsection (g), the bureau shall deliver a
certificate of title:
(1) to the person that owns the vehicle for which the certificate of
title was issued, if no lien or encumbrance appears on the
certificate of title; or
(2) if a lien or an encumbrance appears on the certificate of title,
to the person that holds the lien or encumbrance as set forth in the
application for the certificate of title.
(g) If a certificate of title is maintained electronically by the bureau,
the bureau is not required to physically deliver the certificate of title
but shall provide notification:
HEA 1003 — CC 1
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(1) to the person who owns the vehicle for which the certificate of
title was issued, if no lien or encumbrance appears on the
certificate of title; or
(2) if a lien or an encumbrance appears on the certificate of title,
to the person that holds the lien or an encumbrance as set forth in
the application for the certificate of title.
SECTION 89. IC 9-17-2-14.7, AS AMENDED BY P.L.108-2019,
SECTION 161, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 14.7. (a) This section does not
apply to a mobile home or a manufactured home.
(b) Except as provided in subsection (c), a person must apply for a
certificate of title for a vehicle within forty-five (45) days after the date
on which the person acquires the vehicle.
(c) A person that acquires a vehicle through a transfer on death
conveyance under IC 9-17-3-9 must apply for a certificate of title for
the vehicle within sixty (60) days after the date on which the person
acquires the vehicle.
(d) A person that owns a vehicle and becomes an Indiana resident
must apply for a certificate of title for the vehicle within sixty (60) days
after the date on which the person becomes an Indiana resident.
(e) A person that violates this section with respect to a certificate of
title for a vehicle other than a watercraft shall pay to the bureau an
administrative penalty as follows:
(1) For a violation that occurs before January 1, 2017, an
administrative penalty of twenty-one dollars and fifty cents
($21.50). The administrative penalty shall be distributed as
follows:
(A) Twenty-five cents ($0.25) to the crossroads 2000 fund.
(B) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(C) Three dollars ($3) to the highway, road and street fund.
(D) Five dollars ($5) to the motor vehicle highway account.
(E) One dollar and fifty cents ($1.50) to the integrated public
safety emergency communications fund.
(F) Eleven dollars and twenty-five cents ($11.25) to the
commission fund.
(2) For a violation that occurs after December 31, 2016, an
administrative penalty of thirty dollars ($30). The administrative
penalty shall be distributed as follows:
(A) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(B) Twenty-eight dollars and seventy-five cents ($28.75) to the
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commission fund.
(f) A person that violates this section with respect to a certificate of
title for a watercraft shall pay to the bureau an administrative penalty
as follows:
(1) For a violation that occurs before January 1, 2017, an
administrative penalty of twenty dollars ($20). The administrative
penalty shall be distributed as follows:
(A) Three dollars ($3) to the crossroads 2000 fund.
(B) Eight dollars ($8) to the department of natural resources.
(C) Nine dollars ($9) to the commission fund.
(2) For a violation that occurs after December 31, 2016, an
administrative penalty of thirty dollars ($30). The administrative
penalty shall be distributed as follows:
(A) Twenty-five cents ($0.25) to the state construction fund.
(B) Two dollars and fifty cents ($2.50) to the commission
fund.
(C) Twenty-seven dollars and twenty-five cents ($27.25) to the
department of natural resources.
SECTION 90. IC 9-17-3-2, AS AMENDED BY P.L.205-2025,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) If a certificate of title:
(1) is lost or stolen;
(2) is mutilated;
(3) is destroyed; or
(4) becomes illegible;
the person that owns the vehicle or the legal representative or legal
successor in interest of the person that owns the vehicle for which the
certificate of title was issued, as shown by the records of the bureau,
shall apply for and may obtain a duplicate certificate of title.
(b) To obtain a duplicate certificate of title under subsection (a), a
person must:
(1) furnish information satisfactory to the bureau concerning the
loss, theft, mutilation, destruction, or illegibility of the certificate
of title; and
(2) pay the applicable fee under subsection (e) or (f).
(c) The word "duplicate" shall be notated on the certificate of title
issued under this section.
(d) When a duplicate certificate of title is issued, the previous
certificate of title becomes void.
(e) The fee for a duplicate certificate of title issued before January
1, 2017, for a vehicle other than a watercraft is eight dollars ($8). The
fee shall be distributed as follows:
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(1) One dollar ($1) to the motor vehicle highway account.
(2) One dollar ($1) to the highway, road and street fund.
(3) Six dollars ($6) to the commission fund.
(f) The fee for a duplicate certificate of title issued before January
1, 2017, for a watercraft is fifteen dollars and fifty cents ($15.50). The
fee shall be distributed as follows:
(1) Fifty cents ($0.50) to the state motor vehicle technology fund.
(2) Two dollars ($2) to the crossroads 2000 fund.
(3) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(4) Four dollars and seventy-five cents ($4.75) to the commission
fund.
(5) Seven dollars ($7) to the department of natural resources.
(g) The fee for a duplicate certificate of title issued after December
31, 2016, is fifteen dollars ($15). Except as provided in subsection (h),
the fee shall be distributed as follows:
(1) Fifty cents ($0.50) to the state motor vehicle technology fund.
(2) One dollar and twenty-five cents ($1.25) to the department of
natural resources.
(3) Three dollars and twenty-five cents ($3.25) to the motor
vehicle highway account.
(4) Five dollars ($5) to the crossroads 2000 fund.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(6) Three dollars and seventy-five cents ($3.75) to the
commission fund.
(h) After June 30, 2024, when a fee imposed under subsection (g)
is collected by the department, instead of depositing three dollars and
seventy-five cents ($3.75) into the commission fund as required by
subsection (g)(6), the department shall instead deposit one dollar and
eighty-eight cents ($1.88) of that amount into the motor carrier
regulation fund established by IC 8-2.1-23-1, and the remainder shall
be deposited in the commission fund.
SECTION 91. IC 9-17-4-7, AS AMENDED BY P.L.256-2017,
SECTION 107, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 7. (a) Not more than twenty (20)
days after a person becomes the owner, custodian, or possessor of a
vehicle that:
(1) does not have a manufacturer's identification number installed
on the vehicle; or
(2) has an original manufacturer's identification number that is
altered, destroyed, obliterated, or defaced;
HEA 1003 — CC 1
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the person shall apply to the bureau for permission to make or stamp a
special identification number on the vehicle.
(b) The bureau shall prescribe the form and manner of an
application under subsection (a). The application must contain the
following:
(1) A description of the vehicle, including the make, style, and
year of model of the vehicle.
(2) A description of:
(A) the original manufacturer's identification number, if
possible; or
(B) any distinguishing marks on the engine or body of the
vehicle.
(3) The name and address of the applicant.
(4) The date on which the applicant purchased or took possession
of the vehicle.
(5) The name and address of the person from whom the applicant
purchased or acquired the vehicle.
(6) An application fee in an amount under subsection (c) or (d),
as applicable.
(7) Any other information the bureau requires.
(c) The fee for an application for an identification number other than
a hull identification number that is submitted before January 1, 2017,
is thirteen dollars ($13). The fee shall be distributed as follows:
(1) Fifty cents ($0.50) to the state motor vehicle technology fund.
(2) One dollar ($1) to the highway, road and street fund.
(3) One dollar ($1) to the motor vehicle highway account.
(4) One dollar and fifty cents ($1.50) to the integrated public
safety emergency communications fund.
(5) Four dollars ($4) to the crossroads 2000 fund.
(6) Five dollars ($5) to the commission fund.
(d) The fee for an application for a hull identification number that
is submitted before January 1, 2017, is ten dollars and fifty cents
($10.50). The fee shall be distributed as follows:
(1) Two dollars and fifty cents ($2.50) to the department of
natural resources.
(2) Four dollars ($4) to the crossroads 2000 fund.
(3) Four dollars ($4) to the commission fund.
(e) The fee for an application for an identification number that is
submitted after December 31, 2016, is ten dollars ($10). The fee shall
be distributed as follows:
(1) Fifty cents ($0.50) to the state motor vehicle technology
account.
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(2) Three dollars and twenty-five cents ($3.25) to the motor
vehicle highway account.
(3) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(4) Five dollars ($5) to the commission fund.
(f) A person that owns or possesses a vehicle described in
subsection (a) and fails to comply with this section commits a Class B
infraction.
SECTION 92. IC 9-18.1-5-2, AS AMENDED BY P.L.108-2019,
SECTION 162, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. (a) The bureau shall classify the
following as a passenger motor vehicle, regardless of the vehicle's
gross vehicle weight rating:
(1) A low speed vehicle.
(2) A hearse.
(3) A motor vehicle that is funeral equipment and used in the
operation of funeral services (as defined in IC 25-15-2-17).
(4) A medical services vehicle.
(b) The fee to register a passenger motor vehicle is twenty-one
dollars and thirty-five cents ($21.35). The fee shall be distributed as
follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Thirty cents ($0.30) to the spinal cord and brain injury fund.
(3) Fifty cents ($0.50) to the state motor vehicle technology fund.
(4) Two dollars and ninety cents ($2.90) to the highway, road and
street fund.
(5) Three dollars ($3) to the crossroads 2000 fund.
(6) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(7) Three dollars and ten cents ($3.10) to the commission fund.
(8) Any remaining amount to the motor vehicle highway account.
SECTION 93. IC 9-18.1-5-3, AS AMENDED BY P.L.108-2019,
SECTION 163, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3. The fee to register a motorcycle
or motor driven cycle is twenty-six dollars and thirty-five cents
($26.35). The fee shall be distributed as follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Thirty cents ($0.30) to the spinal cord and brain injury fund.
(3) Fifty cents ($0.50) to the state motor vehicle technology fund.
(4) Two dollars and ninety cents ($2.90) to the highway, road and
street fund.
(5) Four dollars ($4) to the crossroads 2000 fund.
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(6) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(7) Three dollars and ten cents ($3.10) to the commission fund.
(8) Seven dollars ($7) to the motorcycle operator safety education
fund.
(9) Any remaining amount to the motor vehicle highway account.
SECTION 94. IC 9-18.1-5-4, AS AMENDED BY P.L.108-2019,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4. (a) The fee to register a
not-for-hire bus is sixteen dollars and thirty-five cents ($16.35).
(b) Except as provided in subsection (c), a fee imposed and
collected under subsection (a) shall be distributed as follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) Two dollars and ninety cents ($2.90) to the highway, road and
street fund.
(4) Four dollars ($4) to the crossroads 2000 fund.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(6) Three dollars and ten cents ($3.10) to the commission fund.
(7) Any remaining amount to the motor vehicle highway account.
(c) A fee described in subsection (a) that is collected under the
International Registration Plan shall be distributed as set forth in
section 10.5 of this chapter.
SECTION 95. IC 9-18.1-5-5, AS AMENDED BY P.L.156-2020,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. The fee to register a collector vehicle is sixteen
dollars and thirty-five cents ($16.35). The fee shall be distributed as
follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology
account.
(3) Two dollars and ninety cents ($2.90) to the highway, road and
street fund.
(4) Four dollars ($4) to the crossroads 2000 fund.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(6) Three dollars and ten cents ($3.10) to the commission fund.
(7) Any remaining amount to the motor vehicle highway account.
SECTION 96. IC 9-18.1-5-6, AS AMENDED BY P.L.108-2019,
SECTION 165, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6. The fee to register a recreational
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vehicle is twenty-nine dollars and thirty-five cents ($29.35). The fee
shall be distributed as follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) Two dollars and ninety cents ($2.90) to the highway, road and
street fund.
(4) Four dollars ($4) to the crossroads 2000 fund.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(6) Three dollars and ten cents ($3.10) to the commission fund.
(7) Any remaining amount to the motor vehicle highway account.
SECTION 97. IC 9-18.1-5-7, AS AMENDED BY P.L.108-2019,
SECTION 166, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 7. The fee to register special
machinery is sixteen dollars and thirty-five cents ($16.35). The fee
shall be distributed as follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) Two dollars and ninety cents ($2.90) to the highway, road and
street fund.
(4) Four dollars ($4) to the crossroads 2000 fund.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(6) Three dollars and ten cents ($3.10) to the commission fund.
(7) Any remaining amount to the motor vehicle highway account.
SECTION 98. IC 9-18.1-5-8, AS AMENDED BY P.L.159-2021,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) Except as provided in sections 11 and 13 of
this chapter, the fee to register a trailer is as follows:
Declared Gross Weight (Pounds) Fee ($)
Greater than Equal to
or less than
0 3,000 $ 16.35
3,000 9,000 25.35
9,000 12,000 72
12,000 16,000 108
16,000 22,000 168
22,000 228
(b) A fee described in subsection (a) that is collected by the
department from a person registering under the International
Registration Plan shall be prorated based on the Indiana mileage
percentage of the trucks and tractors registered by the person under the
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International Registration Plan pursuant to section 9 of this chapter.
The prorated amount shall be distributed as set forth in section 10.5 of
this chapter.
(c) A fee described in subsection (a) that is not required to be
distributed under subsection (b) shall be distributed as follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) Two dollars and ninety cents ($2.90) to the highway, road and
street fund.
(4) Four dollars ($4) to the crossroads 2000 fund.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(6) Three dollars and ten cents ($3.10) to the commission fund.
(7) Any remaining amount to the motor vehicle highway account.
SECTION 99. IC 9-18.1-5-9, AS AMENDED BY P.L.108-2019,
SECTION 168, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 9. (a) Except as provided in section
11 of this chapter, the fee to register a truck, a tractor used with a
semitrailer, or a for-hire bus is determined as follows:
Declared Gross Weight (Pounds) Fee ($)
Greater than Equal to
or less than
0 11,000 $ 30.35
11,000 16,000 144
16,000 26,000 180
26,000 36,000 372
36,000 48,000 624
48,000 66,000 900
66,000 78,000 1,200
78,000 1,692
(b) A fee described in subsection (a) that is collected under the
International Registration Plan shall be distributed as set forth in
section 10.5 of this chapter.
(c) A fee described in subsection (a) that is not required to be
distributed under subsection (b) shall be distributed as follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) For a truck with a declared gross weight of eleven thousand
(11,000) pounds or less, thirty cents ($0.30) to the spinal cord and
brain injury fund.
(3) Fifty cents ($0.50) to the state motor vehicle technology fund.
(4) Two dollars and ninety cents ($2.90) to the highway, road and
street fund.
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(5) Four dollars ($4) to the crossroads 2000 fund.
(6) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(7) Three dollars and ten cents ($3.10) to the commission fund.
(8) Any remaining amount to the motor vehicle highway account.
(d) A trailer that is towed by a truck must be registered separately,
and the appropriate fee must be paid under this chapter.
SECTION 100. IC 9-18.1-5-10, AS AMENDED BY P.L.11-2023,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) The following vehicles shall be registered
as semitrailers:
(1) A semitrailer converted to a full trailer through the use of a
converter dolly.
(2) A trailer drawn behind a semitrailer.
(3) A trailer drawn by a vehicle registered under the International
Registration Plan.
(b) The fee for a permanent registration of a semitrailer is
eighty-two dollars ($82).
(c) A fee described in subsection (b) that is collected for a
registration issued through an Indiana based International Registration
Plan account shall be distributed as set forth in section 10.5 of this
chapter.
(d) The fee described in subsection (b) that is not required to be
distributed under subsection (c) shall be distributed as follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) Two dollars and ninety cents ($2.90) to the highway, road and
street fund.
(4) Twelve dollars ($12) to the crossroads 2000 fund.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(6) Three dollars and ten cents ($3.10) to the commission fund.
(7) Any remaining amount to the motor vehicle highway account.
(e) A permanent registration under subsection (b) must be renewed
on an annual basis to pay all applicable excise taxes. There is no fee to
renew a permanent registration under subsection (b).
(f) A permanent registration under subsection (b) may be transferred
under IC 9-18.1-11.
SECTION 101. IC 9-18.1-6-4, AS AMENDED BY P.L.205-2025,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) Except as provided in subsection (e), the fee
to register a recovery vehicle with a gross vehicle weight rating greater
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than sixteen thousand (16,000) pounds is five hundred four dollars
($504).
(b) Except as provided in subsection (e), the fee to register a
recovery vehicle with a gross vehicle weight rating equal to or less than
sixteen thousand (16,000) pounds is seventy-two dollars ($72).
(c) Except as provided in subsection (d), a fee imposed and
collected under subsection (a) or (b) shall be distributed as follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) Two dollars and ninety cents ($2.90) to the highway, road and
street fund.
(4) Four dollars ($4) to the crossroads 2000 fund.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(6) Three dollars and ten cents ($3.10) to the commission fund
(except as provided in subsection (f)).
(7) Any remaining amount to the motor vehicle highway account.
(d) A fee described in subsection (a) that is collected under the
International Registration Plan shall be distributed as set forth in
IC 9-18.1-5-10.5.
(e) The fee to register a recovery vehicle for a period other than
twelve (12) months is the amount determined under the following
formula:
STEP ONE: Determine the number of months remaining until the
vehicle's next registration date under IC 9-18.1-11. A partial
month shall be rounded to one (1) month.
STEP TWO: Multiply the STEP ONE result by one-twelfth
(1/12).
STEP THREE: Multiply the STEP TWO product by the
applicable registration fee under subsection (a) or (b) for the
vehicle.
A fee imposed and collected under this subsection that is not collected
under the International Registration Plan shall be distributed under
subsection (c). A fee imposed and collected under this subsection that
is collected under the International Registration Plan shall be
distributed under subsection (d).
(f) Beginning after June 30, 2024, when a fee imposed under
subsection (a) or (b) is collected by the department of state revenue,
instead of depositing three dollars and ten cents ($3.10) into the
commission fund as required by subsection (c)(6), the department shall
instead deposit ninety percent (90%) of that amount into the motor
carrier regulation fund established by IC 8-2.1-23-1, and the remainder
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shall be deposited in the commission fund.
SECTION 102. IC 9-18.1-7-5, AS AMENDED BY P.L.108-2019,
SECTION 172, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. A fee to register a farm vehicle
under section 3 or 4 of this chapter shall be distributed as follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) Two dollars ($2) to the crossroads 2000 fund.
(4) Two dollars and ninety cents ($2.90) to the highway, road and
street fund.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(6) Three dollars and ten cents ($3.10) to the commission fund.
(7) Any remaining amount to the motor vehicle highway account.
SECTION 103. IC 9-18.1-7-6, AS AMENDED BY P.L.108-2019,
SECTION 173, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6. (a) The fee for permanent
registration of a farm vehicle that is a semitrailer is forty-one dollars
($41). The fee shall be distributed as follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) Two dollars and ninety cents ($2.90) to the highway, road and
street fund.
(4) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(5) Three dollars and ten cents ($3.10) to the commission fund.
(6) Six dollars ($6) to the crossroads 2000 fund.
(7) Any remaining amount to the motor vehicle highway account.
(b) A permanent registration under subsection (a) must be renewed
on an annual basis to pay all applicable excise tax. There is no fee to
renew a permanent registration under subsection (a).
SECTION 104. IC 9-18.1-7-8, AS AMENDED BY P.L.108-2019,
SECTION 174, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 8. (a) If a person has registered a
vehicle as a farm vehicle and the person:
(1) desires to register the vehicle as a vehicle other than a farm
vehicle; or
(2) operates the vehicle in the conduct of a commercial enterprise;
the person shall apply to the bureau to change the registration from
registration as a farm vehicle to the applicable registration for the
vehicle under IC 9-18.1-5.
(b) The bureau shall issue to a person described in subsection (a) an
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amended certificate of registration and the appropriate license plate
after the person pays the following:
(1) A fee of nine dollars and fifty cents ($9.50). The fee shall be
distributed as follows:
(A) Twenty-five cents ($0.25) to the state construction fund.
(B) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(C) One dollar ($1) to the crossroads 2000 fund.
(D) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(E) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(F) Five dollars ($5) to the commission fund.
(2) Any additional excise taxes owed under IC 6-6 on the vehicle
to which the registration is transferred.
(3) If the vehicle was registered as a farm semitrailer, a fee of
forty-one dollars ($41). The fee shall be distributed to the motor
vehicle highway account.
(4) If the vehicle was registered as a farm vehicle other than a
farm semitrailer, the amount determined under the following
formula:
STEP ONE: Determine the number of months between:
(i) the date on which the farm vehicle is registered as a
vehicle other than a farm vehicle or is operated in the
conduct of a commercial enterprise; and
(ii) the next registration date under IC 9-18.1-11 of the farm
vehicle.
A partial month shall be rounded to one (1) month.
STEP TWO: Multiply the STEP ONE result by one-twelfth
(1/12).
STEP THREE: Determine the product of:
(i) the STEP TWO result; multiplied by
(ii) the applicable fee under IC 9-18.1-5 for the classification
to which the vehicle's registration is changed.
The amount determined under this subdivision shall be deposited
in the motor vehicle highway account.
SECTION 105. IC 9-18.1-8-4, AS AMENDED BY P.L.108-2019,
SECTION 175, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4. The registration of a military
vehicle under this chapter is permanent. The fee for the permanent
registration of a military vehicle is twelve dollars ($12). The fee shall
be distributed as follows:
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(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) Two dollars and ninety cents ($2.90) to the highway, road and
street fund.
(4) Four dollars ($4) to the crossroads 2000 fund.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(6) Three dollars and ten cents ($3.10) to the commission fund.
SECTION 106. IC 9-18.1-11-6, AS AMENDED BY P.L.156-2020,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) A person that sells or otherwise disposes of
a vehicle, including a wrecked or destroyed vehicle, owned by the
person before the date on which the vehicle's registration expires may
apply to the bureau to transfer the registration and license plates to a
vehicle acquired or owned by the person.
(b) This subsection applies if the vehicle to which the registration
and license plate are transferred is of the same type and in the same
weight class as the vehicle for which the registration and license plate
were originally issued. The bureau shall transfer the registration and
license plate and issue an amended certificate of registration to the
person applying for the transfer after the person pays the following:
(1) A fee of nine dollars and fifty cents ($9.50). The fee shall be
distributed as follows:
(A) Twenty-five cents ($0.25) to the state construction fund.
(B) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(C) One dollar ($1) to the crossroads 2000 fund.
(D) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(E) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(F) Five dollars ($5) to the commission fund.
(2) Any additional excise taxes owed under IC 6-6 on the vehicle
to which the registration is transferred.
(c) This subsection applies if a vehicle to which the registration is
transferred is of a different type or in a different weight class than the
vehicle for which the registration and license plate were originally
issued. The bureau shall transfer the registration and license plate and
issue to the person applying for the transfer an amended certificate of
registration and, if necessary, a new license plate or other proof of
registration under this article or IC 9-18.5 after the person pays the
following:
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(1) A fee of nine dollars and fifty cents ($9.50). The fee shall be
distributed as follows:
(A) Twenty-five cents ($0.25) to the state construction fund.
(B) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(C) One dollar ($1) to the crossroads 2000 fund.
(D) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(E) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(F) Five dollars ($5) to the commission fund.
(2) Any additional excise taxes owed under IC 6-6 on the vehicle
to which the registration is transferred.
(3) If the fee to register the vehicle to which the registration is
transferred exceeds by more than ten dollars ($10) the fee to
register the vehicle for which the registration was originally
issued, the amount determined under the following formula:
STEP ONE: Determine the number of months between:
(i) the date on which the vehicle to which the registration is
transferred was acquired; and
(ii) the next registration date under this chapter for a vehicle
registered by the person.
A partial month shall be rounded to one (1) month.
STEP TWO: Multiply the STEP ONE result by one-twelfth
(1/12).
STEP THREE: Determine the difference between:
(i) the registration fee for the vehicle to which the
registration is transferred; minus
(ii) the registration fee for the vehicle for which the
registration was originally issued.
STEP FOUR: Determine the product of:
(i) the STEP TWO result; multiplied by
(ii) the STEP THREE result.
A fee collected under this subdivision shall be deposited in the
motor vehicle highway account.
(d) A person may register a vehicle to which a registration is
transferred under this section:
(1) individually; or
(2) with one (1) or more other persons.
SECTION 107. IC 9-18.1-11-8, AS AMENDED BY P.L.1-2025,
SECTION 135, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 8. (a) If a license plate or other
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proof of registration is stolen, the person in whose name the license
plate or other proof of registration was issued shall notify:
(1) the Indiana law enforcement agency that has jurisdiction
where the theft occurred; or
(2) the law enforcement agency that has jurisdiction over the
address listed on the registration for the vehicle for which the
license plate or other proof of registration was issued;
that the original license plate or other proof of registration has been
stolen.
(b) A person may apply to the bureau to replace a license plate or
other proof of registration that is lost, stolen, destroyed, or damaged.
The bureau shall issue a duplicate or replacement license plate or other
proof of registration after the person does the following:
(1) Pays a fee of nine dollars and fifty cents ($9.50). The fee shall
be distributed as follows:
(A) Twenty-five cents ($0.25) to the state construction fund.
(B) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(C) One dollar ($1) to the crossroads 2000 fund.
(D) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(E) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(F) Five dollars ($5) to the commission fund.
However, the bureau may waive the fee under this subsection for
a duplicate certificate of registration that is processed on the
website of the bureau.
(2) If the proof of registration was lost or stolen, provides proof of
compliance with subsection (a) in a manner and form prescribed
by the bureau.
(c) A replacement proof of registration must be kept or displayed in
the same manner as the original proof of registration.
SECTION 108. IC 9-18.1-11-9, AS AMENDED BY P.L.108-2019,
SECTION 178, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 9. (a) A person that owns a vehicle
may apply to the bureau to change the ownership of the vehicle:
(1) by adding at least one (1) other person as a joint owner; or
(2) if the person is a joint owner of the vehicle, by transferring the
person's ownership interest in a vehicle to at least one (1)
remaining joint owner.
(b) The bureau shall issue an amended certificate of registration to
a person that applies under subsection (a) after the person does the
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following:
(1) Complies with IC 9-17.
(2) Pays a fee of nine dollars and fifty cents ($9.50).
(c) A person may apply to the bureau to amend any obsolete or
incorrect information contained in a certificate of registration. The
bureau shall issue an amended certificate of registration after the
person pays a fee of nine dollars and fifty cents ($9.50).
(d) The bureau may not impose or collect a fee for a duplicate, an
amended, or a replacement certificate of registration that is issued as
a result of an error on the part of the bureau.
(e) A fee described in subsection (b)(2) or (c) shall be distributed as
follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) One dollar ($1) to the crossroads 2000 fund.
(4) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(6) Five dollars ($5) to the commission fund.
SECTION 109. IC 9-18.1-11-10, AS AMENDED BY P.L.108-2019,
SECTION 179, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 10. (a) A person that owns a vehicle
may apply to the bureau in a manner and form prescribed by the bureau
to display on the vehicle a license plate that is different from the
license plate that is displayed on the vehicle at the time of application.
The bureau shall issue the different license plate and an amended
certificate of registration after the person pays the following:
(1) Any fees required under IC 9-18.5 to obtain the different
license plate.
(2) If the application is not part of the person's registration or
renewal process, an additional plate change fee of nine dollars
and fifty cents ($9.50).
(b) The fee described in subsection (a)(2) shall be distributed as
follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) One dollar ($1) to the crossroads 2000 fund.
(4) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
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(6) Five dollars ($5) to the commission fund.
SECTION 110. IC 9-18.1-12-2, AS AMENDED BY P.L.227-2025,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) A person may apply to the bureau for a
temporary registration permit for a vehicle. The bureau shall issue the
person a temporary registration permit after the person does the
following:
(1) Provides proof of financial responsibility in effect with respect
to the vehicle in the amounts specified under IC 9-25.
(2) Pays a fee of eighteen dollars ($18). The fee shall be
distributed as follows:
(A) Twenty-five cents ($0.25) to the state construction fund.
(B) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(C) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(D) Five dollars ($5) to the commission fund.
(E) Any remaining amount to the motor vehicle highway
account.
(b) A temporary registration permit is valid for a period of thirty
(30) days from the date of issuance and authorizes the use of the
vehicle on a highway if any of the following conditions exist:
(1) The person has purchased or otherwise obtained the vehicle
in Indiana and will be titling or registering the vehicle in another
state or foreign country.
(2) The person is an Indiana resident and is intending to move to
another state and the current vehicle registration or temporary
permit will expire before the person moves.
(3) The person is an Indiana resident and the vehicle registration
in another state has expired and the person has applied under
IC 9-17 for a title for the vehicle.
(4) The person owns and operates the vehicle and the person:
(A) does not operate the vehicle as a lessor; and
(B) moves the empty vehicle from one (1) lessee-carrier to
another.
(5) The person owns a vehicle for which emissions testing is
required and the vehicle will require further mechanical repairs
in order to comply with the emissions testing requirements.
(c) A temporary registration permit shall be displayed on a vehicle
in a manner determined by the bureau.
(d) The bureau may issue a temporary registration permit under this
section at the bureau's discretion if the person complies with subsection
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(a) and applies in a form and manner prescribed by the bureau.
SECTION 111. IC 9-18.1-12-3, AS AMENDED BY P.L.111-2021,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) A person that owns a vehicle may apply to
the bureau for a temporary delivery permit to operate the vehicle
without obtaining a certificate of title or registration for the vehicle as
set forth in subsection (b). The bureau shall issue the person a
temporary delivery permit after the person does the following:
(1) Provides proof of financial responsibility in effect with respect
to the vehicle in the amounts specified under this article in the
form required by the bureau.
(2) Pays a fee of eighteen dollars ($18). The fee shall be
distributed as follows:
(A) Twenty-five cents ($0.25) to the state construction fund.
(B) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(C) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(D) Five dollars ($5) to the commission fund.
(E) Any remaining amount to the motor vehicle highway
account.
(b) A temporary delivery permit issued under subsection (a) is valid
for a period of ninety-six (96) hours beginning with the time of
issuance and authorizes the person or the person's agent or employee
to operate the vehicle upon a highway for the purpose of delivering, or
having delivered, the vehicle to any of the following locations:
(1) A place of storage, including the person's residence or place
of business.
(2) An inspection station for purposes of emissions testing under
IC 13-17-5-5.1(b).
(3) A license branch or a location operated by a full service
provider (as defined in IC 9-14.1-1-2) or a partial services
provider (as defined in IC 9-14.1-1-3) to register the vehicle under
this article.
(c) A temporary delivery permit must be displayed on a vehicle in
a manner determined by the bureau.
(d) A person that uses a temporary permit:
(1) for a period greater than ninety-six (96) hours; or
(2) for a purpose not specified in subsection (b);
commits a Class C infraction.
SECTION 112. IC 9-18.1-14-7, AS AMENDED BY P.L.111-2021,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 7. (a) If a certificate of registration or decal issued
for an off-road vehicle or a snowmobile that is registered under this
chapter is lost, stolen, destroyed, or damaged, the owner of the off-road
vehicle or snowmobile may apply to the bureau for a replacement
certificate of registration or decal. If the certificate of registration or
decal is stolen, the owner shall provide notice of the theft to a law
enforcement agency with jurisdiction over:
(1) the site of the theft; or
(2) the address listed on the certificate of registration.
(b) The bureau shall issue a replacement certificate of registration
or decal to the owner of an off-road vehicle or a snowmobile after the
owner:
(1) pays a fee of nine dollars and fifty cents ($9.50); and
(2) provides notice as required under subsection (a), if applicable.
(c) The fee imposed under subsection (b) shall be distributed as
follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) One dollar ($1) to the crossroads 2000 fund.
(4) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(6) Five dollars ($5) to the commission fund.
(d) A replacement certificate of registration or decal issued under
this section must be attached and displayed in the same manner as the
original certificate of registration or decal.
SECTION 113. IC 9-18.1-14-8, AS AMENDED BY P.L.108-2019,
SECTION 184, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 8. (a) A person that owns an
off-road vehicle or a snowmobile that is registered under this chapter
may apply to the bureau to change the ownership of the off-road
vehicle or snowmobile:
(1) by adding at least one (1) other person as a joint owner; or
(2) if the person is a joint owner of the off-road vehicle or
snowmobile, by transferring the person's ownership interest in the
off-road vehicle or snowmobile to at least one (1) remaining joint
owner.
(b) The bureau shall issue an amended certificate of registration to
a person that applies under subsection (a) after the person does the
following:
(1) Complies with IC 9-17.
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(2) Pays a fee of nine dollars and fifty cents ($9.50).
(c) A person may apply to the bureau to amend any obsolete or
incorrect information contained in the certificate of registration issued
with respect to the off-road vehicle or snowmobile. The bureau shall
issue an amended certificate of registration after the person pays a fee
of nine dollars and fifty cents ($9.50).
(d) The bureau may not impose or collect a fee for a duplicate, an
amended, or a replacement certificate of registration that is issued as
a result of an error on the part of the bureau.
(e) A fee described in subsection (b)(2) or (c) shall be distributed as
follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) One dollar ($1) to the crossroads 2000 fund.
(4) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(6) Five dollars ($5) to the commission fund.
SECTION 114. IC 9-18.1-14.5-11, AS AMENDED BY
P.L.111-2021, SECTION 23, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 11. (a) If a certificate
of registration or decal issued for a watercraft that is registered under
this chapter is lost, stolen, destroyed, or damaged, the owner of the
watercraft may apply to the bureau for a replacement certificate of
registration or decal. If the certificate of registration or decal is stolen,
the owner shall provide notice of the theft to a law enforcement agency
with jurisdiction over:
(1) the site of the theft; or
(2) the address listed on the certificate of registration.
(b) The bureau shall issue a replacement certificate of registration
or decal to the owner of a watercraft after the owner pays a fee of nine
dollars and fifty cents ($9.50).
(c) The fee imposed under subsection (b) shall be distributed as
follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) One dollar ($1) to the crossroads 2000 fund.
(4) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
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(6) Five dollars ($5) to the commission fund.
(d) A replacement certificate of registration or decal issued under
this section must be attached and displayed in the same manner as the
original certificate of registration or decal.
SECTION 115. IC 9-18.1-14.5-12, AS ADDED BY P.L.164-2020,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. (a) A person that owns a watercraft that is
registered under this chapter may apply to the bureau to change the
ownership of the watercraft:
(1) by adding at least one (1) other person as a joint owner; or
(2) if the person is a joint owner of the watercraft, by transferring
the person's ownership interest in the watercraft to at least one (1)
remaining joint owner.
(b) The bureau shall issue an amended certificate of registration to
a person that applies under subsection (a) after the person does the
following:
(1) Complies with IC 9-17.
(2) Pays the fee of nine dollars and fifty cents ($9.50).
(c) A person may apply to the bureau to amend any obsolete or
incorrect information contained in the certificate of registration issued
with respect to the watercraft. The bureau shall issue an amended
certificate of registration after the person pays a fee of nine dollars and
fifty cents ($9.50).
(d) The bureau may not impose or collect a fee for a duplicate,
amended, or replacement certificate of registration that is issued as a
result of an error on the part of the bureau.
(e) A fee described in subsection (b)(2) or (c) shall be distributed as
follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) One dollar ($1) to the crossroads 2000 fund.
(4) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(6) Five dollars ($5) to the commission fund.
SECTION 116. IC 9-18.5-4-5, AS AMENDED BY P.L.108-2019,
SECTION 185, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. (a) A vehicle for a which a
license plate is issued under section 1 of this chapter is exempt from
the applicable registration fee for the vehicle under IC 9-18 (before its
expiration), IC 9-29-5 (before its repeal), or IC 9-18.1-5.
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(b) A vehicle described in subsection (a) is subject to a service
charge as follows:
(1) For a license plate issued before January 1, 2017, five dollars
and seventy-five cents ($5.75). The service charge shall be
distributed as follows:
(A) Twenty-five cents ($0.25) to the state construction fund.
(B) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(C) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(D) Three dollars and seventy-five cents ($3.75) to the
commission fund.
(2) For a license plate issued after December 31, 2016, five
dollars ($5). The service charge shall be distributed as follows:
(A) Twenty-five cents ($0.25) to the state construction fund.
(B) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(C) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(D) Three dollars ($3) to the commission fund.
SECTION 117. IC 9-18.5-9-6, AS AMENDED BY P.L.108-2019,
SECTION 186, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6. (a) The fee for a license plate
issued under this chapter is eight dollars ($8).
(b) A fee collected under subsection (a) shall be distributed as
follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(4) Five dollars ($5) to the commission fund.
(5) Any remaining amount to the motor vehicle highway account.
SECTION 118. IC 9-18.5-12-16, AS AMENDED BY P.L.256-2017,
SECTION 143, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 16. (a) Except as provided in
IC 9-18.5-28, the bureau shall collect an annual supplemental fee of
fifteen dollars ($15) with respect to each special group recognition
license plate issued under this article. The annual supplemental fee is
in addition to a fee imposed under section 14(d)(2) or 15(b) of this
chapter.
(b) An annual supplemental fee collected under subsection (a) shall
be distributed as follows:
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(1) Fifty cents ($0.50) to the state motor vehicle technology fund.
(2) One dollar ($1) to the crossroads 2000 fund.
(3) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(4) Five dollars ($5) to the commission fund.
(5) Any remaining amount to the motor vehicle highway account.
SECTION 119. IC 9-18.5-14-1, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 1. The bureau shall design and
issue a kids first trust license plate. The kids first trust license plate
shall be designed and issued as a special group recognition license
plate under IC 9-18.5-12. The final design of the plate must be
approved by the board (as defined in IC 31-26-4-2). commission on
improving the status of children in Indiana.
SECTION 120. IC 9-18.5-22-1, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1. The bureau shall, with the advice
of the Native American Indian affairs commission established under
IC 4-23-32, Indiana cultural commission established under
IC 4-23-36, design and issue an Indiana Native American trust license
plate as a special group recognition license plate under IC 9-18.5-12.
SECTION 121. IC 9-18.5-22-4, AS AMENDED BY P.L.118-2022,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) The Indiana Native American trust fund is
established.
(b) The treasurer of state shall invest the money in the Indiana
Native American trust fund not currently needed to meet the
obligations of the Indiana Native American trust fund in the same
manner as other public trust funds are invested. Interest that accrues
from these investments shall be deposited in the Indiana Native
American trust fund.
(c) The bureau shall administer the Indiana Native American trust
fund. Expenses of administering the Indiana Native American trust
fund shall be paid from money in the Indiana Native American trust
fund.
(d) The bureau shall distribute at least one (1) time each month the
money from the fund to the Native American Indian affairs commission
established under IC 4-23-32. as follows:
(1) Before January 1 of the calendar year following the
calendar year in which a nonprofit corporation is established
under IC 4-23-36-16, to the Indiana cultural commission
established under IC 4-23-36.
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(2) After December 31 of the calendar in which a nonprofit
corporation is established under IC 4-23-36-16, to the
treasurer of the nonprofit corporation.
(e) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(f) The Native American Indian affairs commission may use money
received under this section for any lawful purpose of the Native
American Indian affairs commission. The Indiana cultural
commission or the nonprofit corporation described in subsection
(d) may use money received under this section for any lawful
purpose that impacts, studies, supports, or relates to the Indiana
Native American community.
SECTION 122. IC 9-24-3-1, AS AMENDED BY P.L.111-2021,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) Except as otherwise provided in this article,
the bureau shall issue a driver's license to an individual who meets the
following conditions:
(1) Satisfies the age requirements set forth in section 2.5 of this
chapter.
(2) Makes proper application to the bureau under IC 9-24-9 upon
a form prescribed by the bureau. The form must include an
attestation concerning the number of hours of supervised driving
practice that the individual has completed if the individual is
required under section 2.5 of this chapter to complete a certain
number of hours of supervised driving practice in order to receive
a driver's license. The:
(A) parent or guardian of an applicant less than eighteen (18)
years of age; or
(B) applicant, if the applicant is at least eighteen (18) years of
age;
shall attest in writing under penalty of perjury to the time logged
in practice driving.
(3) Satisfactorily passes the examination and tests required for
issuance of a driver's license under IC 9-24-10.
(4) Except as provided in subsection (e), pays the following
applicable fee:
(A) For an individual who is less than seventy-five (75) years
of age, seventeen dollars and fifty cents ($17.50).
(B) For an individual who is at least seventy-five (75) years of
age but less than eighty-five (85) years of age, eleven dollars
($11).
(C) For an individual who is at least eighty-five (85) years of
HEA 1003 — CC 1
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age, seven dollars ($7).
(b) A fee described in subsection (a)(4)(A) shall be distributed as
follows:
(1) Fifty cents ($0.50) to the state motor vehicle technology fund.
(2) Two dollars ($2) to the crossroads 2000 fund.
(3) Four dollars and fifty cents ($4.50) to the motor vehicle
highway account.
(4) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(5) Nine dollars and twenty-five cents ($9.25) to the commission
fund.
(c) A fee described in subsection (a)(4)(B) shall be distributed as
follows:
(1) Fifty cents ($0.50) to the state motor vehicle technology fund.
(2) One dollar and fifty cents ($1.50) to the crossroads 2000 fund.
(3) Three dollars ($3) to the motor vehicle highway account.
(4) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(5) Four dollars and seventy-five cents ($4.75) to the commission
fund.
(d) A fee described in subsection (a)(4)(C) shall be distributed as
follows:
(1) Fifty cents ($0.50) to the state motor vehicle technology fund.
(2) One dollar ($1) to the crossroads 2000 fund.
(3) Two dollars ($2) to the motor vehicle highway account.
(4) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(5) Two dollars and twenty-five cents ($2.25) to the commission
fund.
(e) A fee described in subsection (a)(4) may not be charged to an
individual who:
(1) is under the care and supervision of the department of child
services; or
(2) represents, pursuant to IC 31-36-3-4(b), a homeless youth (as
defined in IC 31-36-3-4) and presents a fee and consent waiver
affidavit described in IC 31-36-3-4(c);
and meets all other requirements for a driver's license under this article.
SECTION 123. IC 9-24-6.1-4, AS AMENDED BY P.L.108-2019,
SECTION 187, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4. (a) The fee for a commercial
driver's license issued before January 1, 2017, is thirty-six dollars
($36). The fee shall be distributed as follows:
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(1) One dollar and fifty cents ($1.50) to the state motor vehicle
technology fund.
(2) Fifteen dollars ($15) to the motor vehicle highway account.
(3) Five dollars ($5) to the integrated public safety emergency
communications fund.
(4) Fourteen dollars and fifty cents ($14.50) to the commission
fund.
(b) The fee for a commercial driver's license issued after December
31, 2016, is thirty-five dollars ($35). The fee shall be distributed as
follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) Two dollars ($2) to the crossroads 2000 fund.
(4) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(5) Four dollars and seventy-five cents ($4.75) to the commission
fund.
(6) Any remaining amount to the motor vehicle highway account.
(c) The fee for a commercial learner's permit is seventeen dollars
($17). The fee shall be distributed as follows:
(1) Fifty cents ($0.50) to the state motor vehicle technology fund.
(2) Two dollars ($2) to the crossroads 2000 fund.
(3) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(4) To the commission fund as follows:
(A) For a commercial learner's permit issued before January 1,
2017, twelve dollars and seventy-five cents ($12.75).
(B) For a commercial learner's permit issued after December
31, 2016, five dollars ($5).
(5) To the motor vehicle highway account as follows:
(A) For a commercial learner's permit issued before January 1,
2017, fifty cents ($0.50).
(B) For a commercial learner's permit issued after December
31, 2016, eight dollars and twenty-five cents ($8.25).
(d) The payment of a fee imposed under this section does not relieve
the holder of a commercial driver's license or commercial learner's
permit of responsibility for the following fees, as applicable:
(1) The fee to issue an amended or a replacement license or
permit under IC 9-24-14-1.
(2) A fee to add or remove an endorsement to a license or permit
under subsection (e) or IC 9-24-8.5-3.
(3) The administrative penalty for the delinquent renewal of a
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license under IC 9-24-12-13.
(e) The fee to add or remove an endorsement, other than a
motorcycle endorsement, to a commercial driver's license or
commercial learner's permit is nineteen dollars ($19). The fee shall be
distributed as follows:
(1) Fifty cents ($0.50) to the state motor vehicle technology fund.
(2) One dollar and twenty-five cents ($1.25) to the motor vehicle
highway account.
(3) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(4) Sixteen dollars ($16) to the commission fund.
SECTION 124. IC 9-24-7-1, AS AMENDED BY P.L.174-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) The bureau shall issue a learner's permit to
an individual who satisfies the following conditions:
(1) Makes a proper application in the form and manner prescribed
by the bureau.
(2) Except as provided in subsection (d), pays a fee under
subsection (b) or (c), as applicable.
(3) If less than eighteen (18) years of age:
(A) is not ineligible under IC 9-24-2-1; and
(B) provides the bureau with an emergency contact person (as
defined by IC 9-26-2-5) who is not the individual who holds
the learner's permit to be listed in the Indiana emergency
contact data base described in IC 9-26-10-1 for the individual
who holds the learner's permit.
(4) Has passed a written examination as required under
IC 9-24-10.
(5) Either:
(A) is at least sixteen (16) years of age; or
(B) if at least fifteen (15) years of age but less than sixteen
(16) years of age, is enrolled in an approved driver education
course.
(b) The fee for a learner's permit issued before January 1, 2017, is
nine dollars and fifty cents ($9.50). The fee shall be distributed as
follows:
(1) Fifty cents ($0.50) to the motor vehicle highway account.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) Two dollars ($2) to the crossroads 2000 fund.
(4) One dollar and seventy-five cents ($1.75) to the integrated
public safety emergency communications fund.
(5) Four dollars and seventy-five cents ($4.75) to the commission
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fund.
(c) The fee for a learner's permit issued after December 31, 2016, is
nine dollars ($9). The fee shall be distributed as follows:
(1) Twenty-five cents ($0.25) to the motor vehicle highway
account.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) Two dollars ($2) to the crossroads 2000 fund.
(4) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(5) Five dollars ($5) to the commission fund.
(d) A fee described in subsection (a) may not be charged to an
individual who:
(1) is under the care and supervision of the department of child
services; or
(2) represents, pursuant to IC 31-36-3-4(b), a homeless youth (as
defined in IC 31-36-3-4) and presents a fee and consent waiver
affidavit described in IC 31-36-3-4(c);
and meets all other requirements for a learner's permit under IC 9-24.
SECTION 125. IC 9-24-8-3, AS AMENDED BY P.L.111-2021,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The bureau shall issue a motorcycle
learner's permit to an individual who meets the following conditions:
(1) The individual holds a valid driver's license issued under this
article.
(2) The individual passes a written examination developed by the
bureau concerning the safe operation of a motorcycle.
(3) The individual makes a proper application in the form and
manner prescribed by the bureau.
(4) The individual pays the appropriate fee under subsection (c)
or (d).
(b) A motorcycle learner's permit authorizes the holder to operate a
motorcycle upon a highway under the following conditions:
(1) The holder wears a helmet that meets the standards described
in 49 CFR 571.218 as in effect January 1, 2000.
(2) The motorcycle is operated only during the period from
one-half (1/2) hour before sunrise to one-half (1/2) hour after
sunset.
(3) The motorcycle does not carry passengers other than the
operator.
(c) The fee for a motorcycle learner's permit issued before January
1, 2017, is nine dollars and fifty cents ($9.50). The fee shall be
distributed as follows:
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(1) One dollar ($1) to the state motor vehicle technology fund.
(2) One dollar ($1) to the motor vehicle highway account.
(3) Two dollars ($2) to the crossroads 2000 fund.
(4) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(5) Four dollars and twenty-five cents ($4.25) to the commission
fund.
(d) The fee for a motorcycle learner's permit issued after December
31, 2016, is nine dollars ($9). The fee shall be distributed as follows:
(1) Twenty-five cents ($0.25) to the motor vehicle highway
account.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) Two dollars ($2) to the crossroads 2000 fund.
(4) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(5) Five dollars ($5) to the commission fund.
(e) The fee for a motorcycle operational skills test administered
under this chapter is as follows:
(1) For tests given by state employees, the fee is five dollars ($5)
and shall be deposited in the motor vehicle highway account
under IC 8-14-1.
(2) For tests given by a contractor approved by the bureau, the fee
is:
(A) determined under rules adopted by the bureau under
IC 4-22-2 to cover the direct costs of administering the test;
and
(B) paid to the contractor.
SECTION 126. IC 9-24-8.5-3, AS AMENDED BY P.L.211-2023,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The bureau shall add a motorcycle
endorsement to a driver's license if the holder meets the following
conditions:
(1) Is at least:
(A) sixteen (16) years and ninety (90) days of age and has
completed a motorcycle operator safety education course
approved by the bureau under IC 9-27-7; or
(B) sixteen (16) years and two hundred seventy (270) days of
age.
(2) Makes a proper application in the form and manner prescribed
by the bureau.
(3) Has passed a written examination developed by the bureau
concerning the safe operation of a motorcycle.
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(4) Satisfactorily completes an operational skills test at a location
approved by the bureau.
(5) Pays a fee of nineteen dollars ($19). The fee shall be
distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) One dollar and twenty-five cents ($1.25) to the motor
vehicle highway account.
(C) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(D) Sixteen dollars ($16) to the commission fund.
(b) The bureau may waive the testing requirements under subsection
(a)(3) and (a)(4) for an individual who satisfactorily completes a
motorcycle operator safety course approved by the bureau as set forth
in IC 9-27-7.
(c) The bureau may waive the operational skills test under
subsection (a)(4) for an individual who holds a valid motorcycle
endorsement or motorcycle license from any other jurisdiction.
(d) An individual who fails the operational skills test under
subsection (a)(4) three (3) consecutive times is not eligible to retake
the test until two (2) months after the date of the most recent failed test.
(e) The fee for a motorcycle operational skills test administered
under this chapter is as follows:
(1) For tests given by state employees, the fee is five dollars ($5)
and shall be deposited in the motor vehicle highway account
under IC 8-14-1.
(2) For tests given by a contractor approved by the bureau, the fee
is:
(A) determined under rules adopted by the bureau under
IC 4-22-2 to cover the direct costs of administering the test;
and
(B) paid to the contractor.
(f) The bureau may impose an additional fee of twenty-five dollars
($25) if the bureau processes an application for a physical credential
under this chapter in a period of time that is shorter than the normal
processing period. The bureau shall deposit the fee in the commission
fund.
(g) A fee imposed under this section is in addition to any other fee
imposed under this chapter.
SECTION 127. IC 9-24-8.5-5, AS AMENDED BY P.L.211-2023,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) The bureau shall add a for-hire endorsement
HEA 1003 — CC 1
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to a driver's license if the holder meets the following conditions:
(1) Is at least eighteen (18) years of age.
(2) Has held a valid driver's license for more than one (1) year.
(3) Makes a proper application in a form and manner prescribed
by the bureau.
(4) Satisfactorily passes a written test approved by the bureau.
(5) Pays a fee of nineteen dollars ($19). The fee shall be
distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) One dollar and twenty-five cents ($1.25) to the motor
vehicle highway account.
(C) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(D) Sixteen dollars ($16) to the commission fund.
(b) The bureau may impose an additional fee of twenty-five dollars
($25) if the bureau processes an application for a physical credential
under this chapter in a period of time that is shorter than the normal
processing period. The bureau shall deposit the fee in the commission
fund.
(c) A fee imposed under this section is in addition to any other fee
imposed under this chapter.
SECTION 128. IC 9-24-12-5, AS AMENDED BY P.L.211-2023,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) Except as provided in subsection (b), and
subject to subsection (d), an individual applying for renewal of a
driver's license in the form of a physical credential (issued under
IC 9-24-3), or a chauffeur's or a public passenger chauffeur's license,
including any endorsements in effect with respect to the license, must
apply in person at a license branch and do the following:
(1) Pass an eyesight examination.
(2) Pass a written examination if:
(A) the applicant has at least six (6) active points on the
applicant's driving record maintained by the bureau;
(B) the applicant has not reached the applicant's twenty-first
birthday and has active points on the applicant's driving record
maintained by the bureau; or
(C) the applicant is in possession of a driver's license that is
expired beyond one hundred eighty (180) days.
(b) The holder of a driver's license in the form of a physical
credential (issued under IC 9-24-3), a chauffeur's or a public passenger
chauffeur's license, or a learner's permit issued in the form of a physical
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credential under IC 9-24-7 may renew the license, including any
endorsements in effect with respect to the license, by mail or by
electronic service, subject to the following conditions:
(1) A valid computerized image of the individual must exist
within the records of the bureau.
(2) The previous renewal of the individual's driver's license
(issued under IC 9-24-3), chauffeur's or public passenger
chauffeur's license, or a learner's permit issued under IC 9-24-7
must not have been by mail or by electronic service.
(3) The application for or previous renewal of the individual's
license or permit must have included a test of the individual's
eyesight approved by the bureau.
(4) If the individual were applying for the license or permit
renewal in person at a license branch, the individual would not be
required under subsection (a)(2) to submit to a written
examination.
(5) The individual must be a citizen of the United States, as
shown in the records of the bureau.
(6) There must not have been any change in the:
(A) address; or
(B) name;
of the individual since the issuance or previous renewal of the
individual's driver's license (issued under IC 9-24-3), chauffeur's
or public passenger chauffeur's license, or a learner's permit
issued under IC 9-24-7.
(7) The driver's license (issued under IC 9-24-3), chauffeur's or
public passenger chauffeur's license, or a learner's permit issued
under IC 9-24-7 of the individual must not be:
(A) suspended; or
(B) expired more than one hundred eighty (180) days;
at the time of the application for renewal.
(8) If the individual is seventy-five (75) years of age or older at
the time of the application for renewal, the individual must
provide proof, on a form approved by the bureau, that the
individual has passed an eyesight examination within thirty (30)
days prior to the renewal application.
(c) An individual applying for the renewal of a driver's license
issued in the form of a physical credential (issued under IC 9-24-3), a
chauffeur's license or a public passenger chauffeur's license, or a
learner's permit issued in the form of a physical credential under
IC 9-24-7, including any endorsements in effect with respect to the
license, must apply in person at a license branch under subsection (a)
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if the individual is not entitled to apply by mail or by electronic service
under subsection (b).
(d) The bureau may not issue or renew a chauffeur's or a public
passenger chauffeur's license after December 31, 2016. If a holder of
a chauffeur's or a public passenger chauffeur's license applies after
December 31, 2016, for renewal of the chauffeur's or public passenger
chauffeur's license, the bureau shall issue to the holder a driver's
license under IC 9-24-3 with a for-hire endorsement if the holder:
(1) applies in a form and manner prescribed by the bureau; and
(2) satisfies the requirements for renewal of a driver's license
issued under IC 9-24-3, including the fee and examination
requirements under this section.
(e) An individual applying for the renewal of a driver's license
issued in the form of a physical credential under IC 9-24-3 shall pay the
following applicable fee:
(1) If the individual is less than seventy-five (75) years of age,
seventeen dollars and fifty cents ($17.50). The fee shall be
distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) Two dollars ($2) to the crossroads 2000 fund.
(C) Four dollars and fifty cents ($4.50) to the motor vehicle
highway account.
(D) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(E) Nine dollars and twenty-five cents ($9.25) to the
commission fund.
(2) If the individual is at least seventy-five (75) years of age and
less than eighty-five (85) years of age, eleven dollars ($11). The
fee shall be distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) One dollar and fifty cents ($1.50) to the crossroads 2000
fund.
(C) Three dollars ($3) to the motor vehicle highway account.
(D) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(E) Four dollars and seventy-five cents ($4.75) to the
commission fund.
(3) If the individual is at least eighty-five (85) years of age, seven
dollars ($7). The fee shall be distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
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fund.
(B) One dollar ($1) to the crossroads 2000 fund.
(C) Two dollars ($2) to the motor vehicle highway account.
(D) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(E) Two dollars and twenty-five cents ($2.25) to the
commission fund.
A fee paid under this subsection after December 31, 2016, includes the
renewal of any endorsements that are in effect with respect to the
driver's license issued in the form of a physical credential under
IC 9-24-3 at the time of renewal.
SECTION 129. IC 9-24-14-1, AS AMENDED BY P.L.211-2023,
SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. If a permit or driver's license issued in the form
of a physical credential under this article is lost or destroyed, and as
provided in section 3.5 of this chapter, the individual to whom the
permit or driver's license was issued may obtain a replacement if the
individual pays a fee as follows:
(1) For a replacement permit or driver's license, other than a
commercial driver's license, issued before January 1, 2017, ten
dollars and fifty cents ($10.50). The fee shall be distributed as
follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) One dollar and fifty cents ($1.50) to the crossroads 2000
fund.
(C) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(D) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(E) Five dollars and seventy-five cents ($5.75) to the
commission fund.
(2) For a replacement commercial driver's license issued before
January 1, 2017, five dollars and fifty cents ($5.50). The fee shall
be distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) One dollar ($1) to the crossroads 2000 fund.
(C) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(D) Two dollars and fifty cents ($2.50) to the commission
fund.
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(3) For a replacement permit or driver's license issued after
December 31, 2016, nine dollars ($9). The fee shall be distributed
as follows:
(A) Twenty-five cents ($0.25) to the motor vehicle highway
account.
(B) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(C) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(D) Two dollars ($2) to the crossroads 2000 fund.
(E) Five dollars ($5) to the commission fund.
SECTION 130. IC 9-24-16-10, AS AMENDED BY P.L.111-2021,
SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) The bureau may:
(1) adopt rules under IC 4-22-2, including rules to:
(A) verify an applicant's identity, lawful status, and residence;
and
(B) invalidate on a temporary basis a license or permit that
was issued based on fraudulent documentation; and
(2) prescribe all forms necessary;
to implement this chapter.
(b) The bureau may not impose a fee for the issuance of:
(1) an original;
(2) a renewal of an;
(3) a replacement; or
(4) an amended;
identification card to an individual described in subsection (c). For
purposes of this subsection, the amendment of an identification card
includes the addition of a motor driven cycle endorsement to the
identification card.
(c) An identification card must be issued without the payment of a
fee or charge to an individual who does not have a valid Indiana
driver's license if the individual:
(1) will be at least eighteen (18) years of age and eligible to vote
in the next general, municipal, or special election;
(2) is:
(A) at least sixteen (16) years of age; and
(B) under the care and supervision of the department of child
services; or
(3) represents, pursuant to IC 31-36-3-4(b), a homeless youth (as
defined in IC 31-36-3-4) and presents a fee and consent waiver
affidavit described in IC 31-36-3-4(c).
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(d) The fee to issue, renew, replace, or amend an identification card
issued before January 1, 2017, is as follows:
(1) To an individual who is less than sixty-five (65) years of age,
eleven dollars and fifty cents ($11.50). The fee shall be
distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(C) Two dollars and seventy-five cents ($2.75) to the motor
vehicle highway account.
(D) Seven dollars ($7) to the commission fund.
(2) To an individual who is at least sixty-five (65) years of age or
to an individual with a physical disability who is not entitled to
obtain a driver's license, nine dollars ($9). The fee shall be
distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(C) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(D) Five dollars and seventy-five cents ($5.75) to the
commission fund.
(e) The fee to issue, renew, replace, or amend an identification card
issued after December 31, 2016, is nine dollars ($9). The fee shall be
distributed as follows:
(1) Twenty-five cents ($0.25) to the motor vehicle highway
account.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(4) Two dollars ($2) to the crossroads 2000 fund.
(5) Five dollars ($5) to the commission fund.
SECTION 131. IC 9-24-16.5-14, AS AMENDED BY P.L.256-2017,
SECTION 180, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 14. (a) The fee to issue, renew,
replace, or amend a photo exempt identification card issued before
January 1, 2017, is as follows:
(1) To an individual who is less than sixty-five (65) years of age,
eleven dollars and fifty cents ($11.50). The fee shall be
distributed as follows:
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(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(C) Two dollars and seventy-five cents ($2.75) to the motor
vehicle highway account.
(D) Seven dollars ($7) to the commission fund.
(2) To an individual who is at least sixty-five (65) years of age or
to an individual with a physical disability who is not entitled to
obtain a driver's license, nine dollars ($9). The fee shall be
distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(C) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(D) Five dollars and seventy-five cents ($5.75) to the
commission fund.
(b) The fee to issue, renew, replace, or amend a photo exempt
identification card issued after December 31, 2016, is nine dollars ($9).
The fee shall be distributed as follows:
(1) Twenty-five cents ($0.25) to the motor vehicle highway
account.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) One dollar and twenty-five cents ($1.25) to the integrated
public safety emergency communications fund.
(4) Two dollars ($2) to the crossroads 2000 fund.
(5) Five dollars ($5) to the commission fund.
SECTION 132. IC 9-27-5-2, AS AMENDED BY P.L.56-2023,
SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. The director of the state department of
toxicology may solicit and receive aid from the following:
(1) The office of traffic safety.
(2) The state police department.
(3) The commission on forensic sciences.
(4) (3) The Indiana Coroners Association.
(5) (4) The Indiana department of health.
(6) (5) The Indiana State Medical Association.
(7) (6) Other agencies that may, in the director's opinion, make a
contribution to the effectiveness of the study.
SECTION 133. IC 9-27-6-5 IS REPEALED [EFFECTIVE JULY 1,
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2027]. Sec. 5. (a) As used in this section, "advisory board" refers to the
driver education advisory board established by subsection (b).
(b) The driver education advisory board is established to advise the
commissioner in the administration of the policies of the commission
and the bureau regarding driver education.
(c) The advisory board is composed of seven (7) individuals
appointed by the commissioner as follows:
(1) Three (3) members must be driver education professionals
endorsed by the bureau under section 8 of this chapter. In the
selection of individuals for membership under this subdivision,
consideration must be given to driver education instruction
performed in urban and rural areas.
(2) One (1) member must be a traffic safety advocate.
(3) One (1) member must be a representative of the bureau.
(4) One (1) member must be a representative of higher education.
(5) One (1) member must be a representative of the insurance
industry.
(d) A member of the advisory board serves a two (2) year term. A
member may not be appointed to more than two (2) consecutive full
terms. Each member serves until the member's successor is appointed
and qualified.
(e) A member of the advisory board may be removed for good
cause.
(f) A vacancy on the advisory board shall be filled by the
appointment by the commissioner of an individual to fill the position
to which the vacating member was appointed under subsection (c) for
the vacating member's unexpired term.
(g) The advisory board shall:
(1) consult with and advise the commissioner in the
administration of the policies of the commission and the bureau
regarding driver education; and
(2) suggest rules regarding the education and training of persons
to operate or drive motor vehicles or to prepare a person for an
examination or validation for a driver's license.
(h) A member of the advisory board is not subject to liability in a
civil action for bodily injury or property damage arising from or
thought to have arisen from an action taken in good faith as a member
of the advisory board.
SECTION 134. IC 9-27-7-6 IS REPEALED [EFFECTIVE JULY 1,
2027]. Sec. 6. (a) The commissioner shall appoint a five (5) member
advisory board consisting of at least three (3) active motorcyclists to
serve in an advisory capacity to the program.
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(b) A member of the advisory board serves a three (3) year term. A
member may not be appointed to more than two (2) consecutive full
terms. Each member serves until the member's successor is appointed
and qualified.
(c) A member of the advisory board may be removed for good
cause.
(d) A vacancy on the advisory board shall be filled by the
appointment by the commissioner of an individual to fill the position
to which the vacating member was appointed under subsection (a) for
the vacating member's unexpired term.
(e) A member of the advisory board is not subject to liability in a
civil action for bodily injury or property damage arising from or
thought to have arisen from an action taken in good faith as a member
of the advisory board.
SECTION 135. IC 10-13-2-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 9. (a) The
superintendent shall adopt rules necessary to accomplish the purposes
of this chapter.
(b) In formulating the rules, the superintendent shall have the advice
and assistance of the criminal justice advisory committee established
by section 10 of this chapter.
SECTION 136. IC 10-13-2-10 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 10. (a) The criminal justice advisory committee is
established.
(b) The committee consists of the following persons or their
designated representatives:
(1) The superintendent, who shall act as chairman.
(2) The attorney general.
(3) The executive director of the criminal justice planning agency.
(4) The commissioner of corrections.
(5) One (1) county sheriff serving in the sheriff's second or
subsequent term of office.
(6) One (1) chief of police with at least two (2) years of
experience as chief.
(7) One (1) prosecuting attorney in the prosecuting attorney's
second or subsequent term of office.
(8) One (1) judge of a court of general criminal jurisdiction.
(9) The executive director of the law enforcement training
academy.
(10) A criminologist or forensic scientist.
(c) A member of the committee:
(1) must be appointed by the governor on a nonpartisan basis; and
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(2) shall serve at the pleasure of the governor.
(d) A member of the committee serves without compensation except
per diem as provided by law.
(e) The committee shall meet as often as is considered necessary by
the superintendent to formulate or revise rules for the statewide
operation of the criminal justice data division.
SECTION 137. IC 10-13-3-4 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 4. As used in this chapter, "council" means the security
and privacy council established by section 34 of this chapter.
SECTION 138. IC 10-13-3-34 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 34. (a) There is established a security and privacy
council that consists of nine (9) members selected under subsections
(b) and (c).
(b) The following six (6) members shall be appointed by and shall
serve at the pleasure of the governor:
(1) A prosecuting attorney.
(2) The police chief of a city.
(3) The sheriff of a county.
(4) A criminal court judge.
(5) Two (2) citizens who are not law enforcement officers.
(c) The following persons, or their designees, also are members of
the council:
(1) The superintendent.
(2) The attorney general.
(3) The commissioner of the department of correction.
(d) Members of the council are not entitled to receive compensation
but are entitled to receive a per diem and mileage on those days in
which they are engaged in the business of the council. Per diem and
mileage paid shall be that amount paid to state employees.
SECTION 139. IC 10-14-3-9, AS AMENDED BY P.L.85-2015,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 9. (a) The agency shall prepare and maintain a
current state emergency operations plan. The plan may provide for the
following:
(1) Prevention and minimization of injury and damage caused by
disaster.
(2) Prompt and effective response to disaster.
(3) Emergency relief.
(4) Identification of areas particularly vulnerable to disaster.
(5) Recommendations for:
(A) zoning;
(B) building;
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(C) other land use controls;
(D) safety measures for securing mobile homes or other
nonpermanent or semipermanent structures; and
(E) other preventive and preparedness measures designed to
eliminate or reduce disaster or its impact;
that must be disseminated to both the fire prevention and building
safety commission and local authorities.
(6) Assistance to local officials in designing local emergency
action plans.
(7) Authorization and procedures for the erection or other
construction of temporary works designed to protect against or
mitigate danger, damage, or loss from flood, conflagration, or
other disaster.
(8) Preparation and distribution to the appropriate state and local
officials of state catalogs of federal, state, and private assistance
programs.
(9) Organization of manpower and chains of command.
(10) Coordination of federal, state, and local disaster activities.
(11) Coordination of the state disaster plan with the disaster plans
of the federal government.
(12) Other necessary matters.
(b) The agency shall take an integral part in the development and
revision of local and interjurisdictional disaster plans prepared under
section 17 of this chapter. The agency shall employ or otherwise secure
the services of professional and technical personnel capable of
providing expert assistance to political subdivisions, a political
subdivision's disaster agencies, and interjurisdictional planning and
disaster agencies. These personnel:
(1) shall consult with subdivisions and government agencies on
a regularly scheduled basis;
(2) shall make field examinations of the areas, circumstances, and
conditions to which particular local and interjurisdictional
disaster plans are intended to apply; and
(3) may suggest revisions.
(c) In preparing and revising the state disaster plan, the agency shall
seek the advice and assistance of local government, business, labor,
industry, agriculture, civic and volunteer organizations, and community
leaders. In advising local and interjurisdictional agencies, the agency
shall encourage local and interjurisdictional agencies to seek advice
from the sources specified in this subsection.
(d) The state disaster plan or any part of the plan may be
incorporated in rules of the agency or by executive orders.
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(e) The agency shall do the following:
(1) Determine requirements of the state and political subdivisions
for food, clothing, and other necessities in the event of an
emergency.
(2) Procure and pre-position supplies, medicines, materials, and
equipment.
(3) Adopt standards and requirements for local and
interjurisdictional disaster plans.
(4) Provide for mobile support units.
(5) Assist political subdivisions, political subdivisions' disaster
agencies, and interjurisdictional disaster agencies to establish and
operate training programs and public information programs.
(6) Make surveys of industries, resources, and facilities in
Indiana, both public and private, necessary to carry out this
chapter.
(7) Plan and make arrangements for the availability and use of
any private facilities, services, and property, and if necessary and
if the private facilities, services, or property is used, provide for
payment for the use under agreed upon terms and conditions.
(8) Establish a register of persons with types of training and skills
important in emergency prevention, preparedness, response, and
recovery.
(9) Establish a register of mobile and construction equipment and
temporary housing available for use in a disaster emergency.
(10) Prepare, for issuance by the governor, executive orders,
proclamations, and regulations necessary or appropriate in coping
with disaster.
(11) Cooperate with the federal government and any public or
private agency or entity in achieving any purpose of this chapter
and in implementing programs for disaster prevention,
preparation, response, and recovery.
(12) Do other things necessary, incidental, or appropriate to
implement this chapter.
(f) The agency shall ascertain the rapid and efficient
communications that exist in times of disaster emergencies. The agency
shall consider the desirability of supplementing these communications
resources or of integrating these resources into a comprehensive
intrastate or state-federal telecommunications or other communications
system or network. In studying the character and feasibility of any
system, the agency shall evaluate the possibility of multipurpose use of
the system for general state and local governmental purposes. The
agency shall make appropriate recommendations to the governor.
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(g) The agency shall assist political subdivisions in implementing
the intrastate mutual aid compact created by section 10.8 of this
chapter.
SECTION 140. IC 10-18-1-1 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 1. As used in this chapter, "commission" refers to the
Indiana war memorials commission established by section 2 of this
chapter.
SECTION 141. IC 10-18-1-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1.5. As used in this chapter,
"department" refers to the Indiana department of veterans' affairs
established by IC 10-17-1-2.
SECTION 142. IC 10-18-1-1.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1.6. (a) On July 1, 2026, all
powers, duties, agreements, and liabilities of the Indiana war
memorials commission are transferred to the department.
(b) On July 1, 2026, all records and property of the Indiana war
memorials commission, including appropriations and other funds
under the control or supervision of the Indiana war memorials
commission, are transferred to the department.
(c) After June 30, 2026, a reference to the Indiana war
memorials commission in a statute, rule, or other document is
considered a reference to the department.
(d) The rules adopted by the Indiana war memorials
commission before July 1, 2026, are considered, after June 30,
2026, rules of the department.
SECTION 143. IC 10-18-1-2, AS AMENDED BY P.L.149-2016,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) The Indiana war memorials commission is
established.
(b) The commission consists of nine (9) members. Each Indiana
congressional district must be represented by at least one (1) member
who is:
(1) a resident of that congressional district;
(2) a veteran of service in the armed forces of the United States of
America in time of war;
(3) a citizen of Indiana at the time of the service; and
(4) appointed:
(A) in the manner;
(B) for the terms;
(C) to have the powers; and
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(D) to perform the duties;
as provided in this chapter.
(c) (a) The department: commission:
(1) as the commission and in the commission's name, may
prosecute and defend suits; and
(2) has all other duties, rights, and powers that are:
(A) necessary to implement this chapter; and
(B) not inconsistent with this chapter.
(d) The members of the commission are not liable in their individual
capacity, except to the state, for any act done or omitted in connection
with the performance of their duties under this chapter.
(e) (b) A suit against the commission department must be brought
in a court with jurisdiction in Marion County. Notice or summons of
the suit shall be served upon the director of the department.
president, vice president, or secretary of the commission. In a suit
against the commission, it is not necessary to name the individual
members of the commission as either plaintiff or defendant.
Commission members may sue and be sued in the name of the Indiana
war memorials commission.
(f) The commission shall:
(1) report to the governor through the adjutant general; and
(2) be under the adjutant general for administrative supervision.
SECTION 144. IC 10-18-1-3 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 3. (a) The governor shall appoint members of the
commission for a term of three (3) years, subject to removal as
provided in this section.
(b) The commissioners:
(1) must be persons of high standing and character; and
(2) serve without compensation, except for reimbursement for any
reasonable expenses necessarily incurred by the commissioners
in the performance of their duties.
(c) The commissioners shall be selected without regard to their
political affiliations. However, not more than six (6) of the
commissioners at any time may be members of the same political party.
(d) The governor may, for just cause, based upon written charges
specifying alleged misconduct, remove any member of the commission,
after notice to the member and a public hearing.
(e) The governor shall appoint a qualified person to fill the
unexpired term of a member who does not complete the member's term.
SECTION 145. IC 10-18-1-4 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 4. (a) The governor shall execute a certificate of
appointment that makes reference to this chapter and sets forth the term
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of appointment for each member of the commission. The governor shall
deposit the certificates of appointment in the office of the secretary of
state, who shall record the certificates in a book kept for that purpose.
(b) The secretary of state shall notify each person appointed as a
commissioner of the person's appointment. The person's acceptance of
the appointment shall be signified by subscribing to an oath, to be
endorsed on the certificate of appointment:
(1) to support the Constitution of the United States and the
Constitution of the State of Indiana; and
(2) to faithfully and honestly discharge the person's duty under the
law as a commissioner.
(c) The secretary of state shall deliver the certificate, when
recorded, to the person named in the certificate. The certificate
constitutes the commission of the person named as a member of the
commission for the term specified.
(d) If a person appointed fails to qualify under this section within
ten (10) days after notice of the person's appointment, the governor
shall appoint another qualified person as a commissioner.
SECTION 146. IC 10-18-1-5 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 5. The commission shall elect the following:
(1) One (1) member of the commission to serve as president.
(2) One (1) member of the commission to serve as vice president.
(3) One (1) qualified person who is not a member of the
commission to serve as secretary of the commission.
The commission shall elect officers each year. Officers shall hold their
respective offices for one (1) year or during the pleasure of the
commission.
SECTION 147. IC 10-18-1-6 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 6. (a) The president and vice president of the
commission shall, before entering upon the discharge of their duties,
give bond to the approval of the governor, each in the sum of ten
thousand dollars ($10,000), conditioned for the faithful performance of
the duties as may be imposed upon them by law.
(b) The officers and any other officers required to give a bond under
this chapter may furnish as surety any surety company authorized to
transact business in Indiana that meets the approval of the commission,
and the premium on any bond shall be paid as a part of the expenses of
the commission.
SECTION 148. IC 10-18-1-7 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 7. (a) The president shall do the following:
(1) Preside over the meetings of the commission.
(2) Sign all vouchers approved by the commission under this
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chapter.
(3) Sign all contracts and agreements in the name of the
commission that have been authorized by the commission. The
secretary shall attest to contracts signed by the president.
(b) If the president is absent or unable to act, the vice president shall
perform the president's duties.
SECTION 149. IC 10-18-1-8 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 8. (a) The secretary appointed by the commission shall
take an oath to faithfully perform the duties of the secretary's office.
(b) The secretary shall do the following:
(1) Keep a record of the proceedings of the commission.
(2) Make a record of contracts and obligations.
(3) Furnish each contractor with a copy of the contractor's
contract that:
(A) is endorsed "approved by order of the commission";
(B) lists the date of the approval; and
(C) is signed by the secretary.
A contract is not valid until endorsed and delivered by the
secretary.
(4) Certify all vouchers ordered by the commission.
(5) Keep a set of books to show the financial condition of the
commission.
(6) Make quarterly statements as provided in this chapter of the
costs and expenditures of the commission, a complete list of
vouchers, and for what purpose and to whom paid. The reports
shall be filed with the state comptroller as provided in this chapter
and are open to the inspection and use of the general assembly.
(c) The secretary shall give a bond in the sum of ten thousand
dollars ($10,000) for the faithful performance of the secretary's duties.
(d) The contracts for any purpose connected with the Indiana World
War Memorial shall be recorded by the secretary in a book kept for that
purpose. The secretary shall retain on file all vouchers and other
valuable papers of value to the commission, to the contractor, and to
the public.
SECTION 150. IC 10-18-1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 9. (a) The commission
department may employ a superintendent.
(b) The superintendent shall give bond in an amount and with surety
to be approved by the commission. department.
(c) The superintendent's duties and compensation shall be
prescribed by the department. commission.
SECTION 151. IC 10-18-1-10 IS AMENDED TO READ AS
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FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 10. (a) The commission
department shall employ an individual who is responsible for the care
and preservation of all personal property owned by the commission
department that has historic significance.
(b) The individual employed by the commission department under
subsection (a) must meet the qualifications set by the division of state
museums and historic sites of the department of natural resources.
SECTION 152. IC 10-18-1-11, AS AMENDED BY P.L.9-2024,
SECTION 319, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 11. (a) The commission
department shall do the following:
(1) Keep a record of the commission's proceedings.
(2) Make a quarterly report for public use that includes the
following:
(A) A detailed account of the expenditures of the commission.
department to administer this chapter.
(B) A summary of the commission's proceedings that includes:
(i) a statement of all contracts let;
(ii) the name of the person to whom the contracts were let;
and
(iii) the amount of each contract.
(b) The report required under subsection (a) must be filed with the
state comptroller.
(c) Reports created and filed under this section are public records.
SECTION 153. IC 10-18-1-12 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 12. (a) The commission may adopt rules that set forth:
(1) the time, place, and method of calling and conducting
meetings; and
(2) the manner and method of the conduct of business, including:
(A) the government and regulation of the commission's
employees; and
(B) the management of the ground and premises under the
commission's care and control;
as the commission considers prudent and not inconsistent with this
chapter and other statutes.
(b) The commission shall meet at the call of the commission's
president or at the time set forth in the commission's rules. A majority
of the members constitutes a quorum for the transaction of business.
However, all official action of the commission must receive the
approval in a meeting of a majority of all the members of the
commission.
SECTION 154. IC 10-18-1-13 IS AMENDED TO READ AS
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FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 13. (a) The commission
shall designate one (1) of its members to department shall do the
following:
(1) Assume general charge of and preserve all Indiana battle
flags.
(2) Have custody of all battle and organization flags in the
possession of the state that were used by any of the military
organizations of the state:
(A) in any of the wars or campaigns in which the United States
has been engaged; and
(B) in which Indiana veterans have participated.
(3) In the preservation of the battle flags, as far as possible, see
that the name and the branch of service in which the organization
served are attached to or preserved with the flag.
(4) Collect data in reference to each organization or military unit
whose flag is in the possession of the commission department
and place the data with the flag or banner of each of the
organizations or military units.
(b) The commission department shall do the following:
(1) Collect Indiana battle flags not in the possession of the state
from the United States, patriotic societies, or individuals.
(2) Reinforce, collect the data for, and otherwise prepare all battle
flags for preservation.
(3) Collect, systematize, and prepare a brief history of each flag
and index and catalogue each flag.
(4) Collect, purchase, and procure all necessary materials for the
preservation of the flags.
(5) For the purpose of collecting and preparing the necessary data,
reinforcing the flags, and performing other duties required by this
chapter:
(A) with the approval of the budget agency, employ and fix the
compensation of employees as may be necessary; and
(B) purchase material of any character that is required in
carrying out this chapter.
SECTION 155. IC 10-18-1-14, AS AMENDED BY P.L.30-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 14. (a) The Indiana battle flags fund is established
to restore and preserve Indiana battle flags.
(b) The department: commission:
(1) shall administer the fund; and
(2) may spend the money in the fund for the purposes of the fund.
(c) The expenses of administering the fund shall be paid from
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money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) All money accruing to the fund is appropriated continuously for
the purposes of the fund.
(f) Money in the fund at the end of a fiscal year does not revert to
the state general fund.
SECTION 156. IC 10-18-1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 15. (a) All flag cases
completed shall be in the custody of the department. commission. The
superintendent shall have the cases cleaned periodically as necessary.
(b) The department commission may determine the method and
manner in which the flags shall be preserved.
SECTION 157. IC 10-18-1-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 16. (a) Out-lot five (5)
and out-lot thirty-six (36), in Indianapolis, according to the original plat
of the city, are dedicated and set apart as grounds for the Indiana War
Memorial subject to the provisions of this chapter.
(b) Out-lots five (5) and thirty-six (36) dedicated in subsection (a),
together with all or any part of squares five (5) and sixteen (16) or any
part of those squares, in Indianapolis, according to the original plat of
the city, that are acquired, dedicated, and set apart and added to the real
estate dedicated in subsection (a) by:
(1) the state; or
(2) Indianapolis, by Marion County, or Indianapolis and Marion
County jointly and then conveyed by the city, county, or city and
county jointly by proper deed, grant, or contract to the state;
for War Memorial and other public purposes constitutes and shall be
referred to as "Memorial Place". The permanent name of "Memorial
Place" shall be selected by the department. commission.
(c) A necessity is declared to exist to limit:
(1) the kind, character, and height of buildings upon; and
(2) the use of real estate and buildings that are located within
three hundred (300) feet of the outside boundaries of;
Memorial Place as constituted in this chapter. The department
commission may acquire, by purchase, donation, or condemnation, the
right to limit the kind, character, and height of buildings upon and the
use of real estate and buildings on real estate within three hundred
(300) feet of the outside boundaries of Memorial Place.
(d) The department commission shall erect and maintain in
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Indianapolis, upon or within grounds dedicated or acquired under this
chapter, as the department commission considers best, a suitable
structure or structures:
(1) to commemorate the valor and sacrifice of the soldiers, sailors,
and marines of the United States and of all others who rendered
faithful, loyal, heroic, and self-sacrificing service at home and
overseas in World War I;
(2) to provide a place or places of meeting and headquarters for
organizations of soldiers, sailors, and marines or any other
patriotic societies or associations;
(3) to keep records, archives, documents, flags, mementos, and
relics; and
(4) for other public meetings and other public purposes;
to inculcate a true understanding and appreciation of the duties,
benefits, and privileges of American citizenship and inspire patriotism
and respect for the law to the end that peace may prevail, good will be
promoted, justice be administered and established, public order
maintained, and liberty and freedom under the law perpetuated.
SECTION 158. IC 10-18-1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 17. (a) If squares five
(5) and sixteen (16) or any part of those squares in Indianapolis,
according to the original plat of the city, are acquired, dedicated, and
set apart and added to the real estate dedicated in this chapter by the
state for war memorial and other public purposes by Indianapolis, by
Marion County, or by the city and county jointly by proper deed,
contract, or grant, by which the city or county, or the city and county
jointly, convey the real estate or any part of the real estate to the state
for war memorial and other public purposes, the department
commission may accept from the city, the county, or the city and
county jointly the deed, grant, or contract by which the real estate or
any part of the real estate is conveyed to the state for war memorial and
other public purposes, subject to the terms, conditions, and provisions
contained in the deed, grant, or contract.
(b) The department commission may agree that, to the extent that
the city, the county, or the city and county jointly appropriate and use
money in the acquisition of the real estate or any part of the real estate,
the real estate and interests in the real estate and the memorial
structures erected on the real estate (to the extent of the money so
appropriated and used by the city, by the county, or by the county and
city jointly) shall be a city war memorial, a county war memorial, or a
joint war memorial.
(c) If the real estate or any part of the real estate is acquired and
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conveyed to the state, the department commission may erect structures
on outlots five (5) and thirty-six (36) dedicated in this chapter or upon
any part of the real estate so dedicated or acquired as provided in this
chapter as the department commission considers best.
(d) The department commission shall develop any part or all of the
real estate described in this chapter that has been dedicated or acquired
as provided in this chapter as a memorial place, together with square
twenty-five (25), known as University Square in Indianapolis,
according to the original plat of the city, to secure a harmonious and
unified architectural and aesthetic effect of the entire series of grounds
used and dedicated for memorial purposes. The grounds must include
square twenty-five (25), known as University Square, which shall be
and constitute a part of the memorial park, and shall be used as a public
park.
(e) The department commission may sell buildings and
improvements situated on outlots five (5) and sixteen (16) when they
come under the commission's department's jurisdiction, custody, and
control or remove the buildings and improvements as the department
commission considers best. The department commission may contract
with Indianapolis, with Marion County, or with the county and city
jointly, concerning the use and rents of the buildings and improvements
on squares five (5) and sixteen (16) until it is necessary to remove the
buildings for the purpose of erecting the memorial structure or
structures. The department commission may contract with the city or
county or the city and county jointly with reference to the sale of
buildings and improvements upon the real estate that may be acquired
and conveyed to the state by the city or county or by the city and county
jointly for War Memorial and other public purposes. The contracts
must provide how the proceeds from the rent or sale of buildings and
improvements shall be applied.
SECTION 159. IC 10-18-1-18, AS AMENDED BY P.L.17-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 18. The department commission may do the
following:
(1) Make and execute contracts and other instruments that may be
required in connection with the erection and maintenance of a
suitable structure or structures upon or within Memorial Place.
(2) Adopt rules for the following:
(A) The proper management, government, and use of
Memorial Place and the structures situated on Memorial Place.
(B) The government of employees.
(3) Acquire by condemnation the right to limit the kind, character,
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and height of buildings upon and the use of real estate or
buildings located within three hundred (300) feet of the outside
boundaries.
(4) Adopt reasonable rules as are proper to limit the kind,
character, and height of buildings located or erected within three
hundred (300) feet of the outside boundaries of Memorial Place
and the use of the buildings or real estate. A building constructed
or maintained or business conducted in violation of any rule may
be abated as a nuisance in an action begun and prosecuted by the
department. commission.
(5) Receive donations, gifts, devises, and bequests and use them
in connection with the purposes of this chapter.
(6) Establish a nonprofit corporation to do the following:
(A) Promote public support for the purposes of the
department commission and this chapter.
(B) Preserve and promote the historical and educational
activities of the commission. department.
(C) Operate for the benefit of the purposes of the department
commission and this chapter.
The corporation is subject to audit by the state board of accounts
as if it were a state agency.
(7) Transfer money donated to the department commission for
the purposes described in subdivision (6) to a corporation
established under subdivision (6).
(8) Transfer:
(A) artifacts;
(B) images; or
(C) documents of cultural heritage, historical, or museum
relevance;
under the commission's department's control to a corporation
established under subdivision (6) without complying with
IC 5-22-21 and IC 5-22-22.
SECTION 160. IC 10-18-1-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 20. The department
commission shall adopt rules under IC 4-22-2 for the government of
the monument and Monument Circle. The rules are binding and
effective when approved by the governor.
SECTION 161. IC 10-18-1-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 21. (a) The
department: commission:
(1) has general control of the State Soldiers' and Sailors'
Monument Circle; and
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(2) may employ a superintendent.
(b) The superintendent may, with the advice and consent of the
department commission, appoint engineers, elevator operators,
electricians, and watchmen as are actually required, all of whom are
subject to removal at any time by the department commission for any
reason satisfactory to the commission. department.
(c) The superintendent:
(1) has direct charge and supervision of the monument and
Monument Circle, subject to the orders of the department;
commission; and
(2) may require watchmen to act as elevator operators and
elevator operators to act as watchmen.
(d) The superintendent and the engineers, watchmen, and elevator
operators have police powers with all powers of a constable.
SECTION 162. IC 10-18-1-22, AS AMENDED BY P.L.9-2024,
SECTION 320, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 22. (a) The superintendent shall
execute a bond in the penal sum of five thousand dollars ($5,000), to
be approved by the department. commission.
(b) The superintendent shall:
(1) on the first day of each month, make a sworn statement to the
state comptroller of all receipts and expenditures, with vouchers
attached for the preceding month, on account of the monument;
and
(2) at the same time, pay over to the treasurer of state all money
received by the superintendent from all sources in the operation
of the monument for the preceding month.
The state comptroller shall draw a warrant on the treasurer of state,
payable to the superintendent, engineers, elevator operators, and
watchmen, for the amounts due them as salaries and to the
superintendent for a total of expenditures other than salaries incurred
in the management of the monument and Monument Circle as shown
by the vouchers.
SECTION 163. IC 10-18-1-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 25. A person who
intentionally damages or removes any of the property of the state on
Monument Circle is liable for the payment of a penalty not less than
twice the sum necessary to repair the damage or restore the lost
property. The penalty may be collected by the department commission
in a civil action.
SECTION 164. IC 10-18-1-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 26. (a) The
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department commission may do the following:
(1) Make or sell the following:
(A) Pictures, models, books, and other representations of the
monuments and grounds.
(B) Souvenirs.
(2) Establish and maintain souvenir shops on property that the
department commission manages.
(3) Hire and pay salaries for full-time or part-time employees for
the souvenir shops.
(4) Contract with a nonprofit organization or corporation for the
continuous management of the souvenir shops.
(5) Report annually to the governor on the activities, revenues,
expenditures, and profits of the souvenir shops.
(b) Notwithstanding section 27 of this chapter, the following apply
to the profits from souvenir shop sales:
(1) The souvenir shop fund is established. The souvenir shop fund
shall be administered by the department. commission.
(2) Profits from the sales at souvenir shops established under
subsection (a) shall be deposited in the souvenir shop fund.
(3) The treasurer of state shall invest the money in the souvenir
shop fund not currently needed to meet the obligations of the fund
in the same manner as other public funds may be invested.
(4) The expenses of administering the souvenir shop fund shall be
paid from money in the fund.
(5) The department commission may spend the money in the
souvenir shop fund for the following purposes:
(A) Maintenance or repair of properties managed by the
department. commission.
(B) Maintenance, repair, and acquisition of the following:
(i) Battle flags.
(ii) Appropriate artifacts.
(iii) Appropriate memorabilia.
(6) All money accruing to the souvenir shop fund is appropriated
continuously for the purposes listed in subdivision (5).
(7) Money in the souvenir shop fund at the end of a state fiscal
year does not revert to the state general fund.
(c) A person may not make or sell pictures, models, books, or other
representations of the monuments or grounds unless the person is
authorized to do so by the department. commission.
SECTION 165. IC 10-18-1-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 28. The superintendent
of the State Soldiers' and Sailors' Monument and of Monument Circle
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and those serving under the superintendent who are appointed by the
department commission have police powers and may make arrests or
do other things as may be needed to enforce the laws for the protection
and care of the monuments and Monument Circle.
SECTION 166. IC 10-18-1-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 29. The department
commission may grant the use for public purposes of any structures or
any parts of structures erected by the commission department under
this chapter without rent or charge or for only a nominal rental:
(1) to any organizations of soldiers, sailors, and marines and
others as a place for their meeting and headquarters and for the
keeping of records, archives, documents, flags, mementos, and
relics; and
(2) for other public meetings and other public purposes not
inconsistent with the purpose of this chapter;
for the time and upon the terms and conditions as the commission
department determines.
SECTION 167. IC 10-18-1-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 30. (a) The
department commission may not enter into a contract for:
(1) the purchase or sale of property, material, or supplies; or
(2) the performance of work or labor, except for salaries of
employees;
if the work and labor or materials and supplies cost more than ten
thousand dollars ($10,000) without first giving notice of its intention
to purchase or sell the materials or supplies or to contract for the work
or labor by publication in a newspaper of general circulation printed
and published in the English language in Indianapolis for two (2)
successive weeks before the time fixed for the letting of the contract or
the sale of the property.
(b) A contract under this section must be in writing. The other
contracting party shall furnish bond for the faithful performance of the
contract in an amount fixed by the department commission and with
surety to the department's commission's approval, conditioned upon
the faithful performance of the contract. However, if the department
commission decides to purchase a patented article or material or an
article or material of a special type, character, or design of construction
or make that may be purchased from only one (1) person, firm, limited
liability company, or corporation, their agents or representatives, or for
which there is a fixed, standard price, the department commission is
not required to take or receive competitive bids. However, the
department commission shall publish in the manner set forth under
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subsection (a) the number and character of the article or kind and
quality of material proposed to be purchased, the unit price, and the
total sum to be paid.
(c) A contract made in violation of this section is void.
SECTION 168. IC 10-18-1-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 32. The department,
commission, with the approval of the governor, may let a contract for
the erection of additional structures on the site of the Indiana World
War Memorial, in accordance with plans and specifications adopted by
the commission, department, with the approval of the governor, to any
competent and reliable contractor.
SECTION 169. IC 10-18-1-33 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 33. (a) The
department commission shall commemorate the valor of those loyal
citizens of this state who served with the armed forces of the United
States during World War II and the Korean Conflict by placing their
names in the archives of the World War Memorial located at
Indianapolis.
(b) The names must be placed in the archives in the same manner
as those honored by Indiana who served in World War I.
SECTION 170. IC 10-18-1-34 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 34. (a) The
department commission shall commemorate the valor of those loyal
citizens of Indiana who served with the armed forces of the United
States during the Vietnam conflict by placing their names in the
archives of the World War Memorial located at Indianapolis.
(b) The names must be placed in the archives in the same manner
as those honored by Indiana who served in World War I, World War II,
and the Korean Conflict.
SECTION 171. IC 10-18-1-38, AS AMENDED BY P.L.158-2013,
SECTION 169, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 38. It is a Level 6 felony for a
member of the commission or the architect, secretary, superintendent
or any other person in the employ of the department commission to:
(1) knowingly be interested in or derive any profit from any
contract, employment, or purchase connected with the Indiana
World War Memorial or with any action of the department;
commission; or
(2) knowingly be interested in any claim against the department
commission or the state growing out of the erection or
maintenance of the Indiana World War Memorial;
other than for the compensation for their services or for their expenses
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as provided in this chapter.
SECTION 172. IC 10-18-2-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 18. In the establishment
and maintenance of a county world war memorial, a county executive
or a board of trustees of a joint county and city world war memorial has
all the powers and duties conferred upon the Indiana department of
veterans' affairs Indiana War Memorials Commission under
IC 10-18-1, in so far as the powers and duties are not inconsistent with
this chapter. However, a county executive or board may not employ a
secretary.
SECTION 173. IC 10-18-3-18 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 18. (a) The governor may appoint a commission known
as the memorial art commission.
(b) The commission must consist of not more than seven (7)
qualified persons who serve without pay. However, members are to be
paid necessary expenses as certified by the governor to the state
comptroller.
(c) The commission shall consider the artistic qualities of a plan for
a proposed memorial.
(d) A memorial consisting of a building, monument, statue, tablet,
picture, arch, or work of art of any kind may not be erected without
first:
(1) submitting the plans to the memorial art commission; and
(2) securing criticism and advice from the commission with
respect to the memorial.
If a state art commission is established by law, it is ex officio the
memorial art commission.
SECTION 174. IC 10-18-4-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 19. In the establishment
and maintenance of a World War memorial, a city's board of public
works or the board of trustees of a joint county and city World War
memorial has all the powers and duties conferred upon the Indiana
department of veterans' affairs Indiana war memorials commission
under IC 10-18-1 to the extent the powers and duties conferred in
IC 10-18-1 are not inconsistent with this chapter. However, this chapter
does not authorize a city's board of public works or a board of trustees
of a joint county and city World War memorial to employ a secretary.
SECTION 175. IC 10-19-7-3, AS AMENDED BY P.L.238-2025,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 3. (a) The state fire marshal appointed under
IC 22-14-2-2 shall manage the department's administration of the
following:
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(1) IC 22-11.
(2) IC 22-12.
(3) IC 22-13.
(4) IC 22-14.
(5) IC 22-15.
(b) In carrying out the duties under subsection (a), the state fire
marshal shall do the following:
(1) Provide department staff to support the fire prevention and
building safety commission established by IC 22-12-2-1.
(2) partner with state agencies, including the Indiana department
of health and state educational institutions, to develop public
safety education and outreach programs.
(c) The state fire marshal may not exercise any powers or perform
any duties specifically assigned to either of the following:
(1) The fire prevention and building safety commission.
(2) the state building commissioner.
(d) The state fire marshal may delegate the state fire marshal's
authority to the appropriate department staff.
SECTION 176. IC 11-12-4-1, AS AMENDED BY P.L.56-2023,
SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 1. (a) The department shall adopt under IC 4-22-2
minimum standards for county jails governing:
(1) general physical and environmental conditions;
(2) services and programs to be provided to confined persons;
(3) procedures for the care and control of confined persons that
are necessary to ensure the health and safety of confined persons,
the security of the jail, and public safety; and
(4) the restraint of pregnant inmates. Rules adopted under this
subdivision must be consistent with IC 11-10-3.5.
However, the department may not adopt any standard that prohibits the
placement of more than one (1) prisoner in a prisoner cell that has
thirty-five (35) square feet or more of floor space per prisoner.
(b) The standards must be sufficiently flexible to foster the
development of new and improved practices and to accommodate local
needs and circumstances. The standards must be consistent with the
laws of Indiana and the rules of the Indiana department of health and
the fire prevention and building safety commission. department of
homeland security.
(c) The commissioner shall select a committee of not less than five
(5) county sheriffs to consult with the department before and during the
drafting of the proposed minimum standards. County sheriffs shall be
selected from the various classes of counties to ensure that densely,
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moderately, and sparsely populated counties are represented. Each
county sheriff is entitled to the minimum salary per diem as provided
in IC 4-10-11-2.1 for each day engaged in the official business of the
committee and to reimbursement for traveling and other expenses, as
provided in the state travel policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
(d) At least sixty (60) days before setting the date for a public
hearing under IC 4-22-2, the department shall forward copies of the
proposed minimum standards to each county sheriff and each board of
county commissioners and shall solicit their views and suggestions.
SECTION 177. IC 12-7-2-34, AS AMENDED BY P.L.42-2024,
SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 34. "Commission" means the following:
(1) For purposes of IC 12-10-2, the meaning set forth in
IC 12-10-2-1.
(2) For purposes of IC 12-12-2, the meaning set forth in
IC 12-12-2-1.
(3) For purposes of IC 12-13-14, the meaning set forth in
IC 12-13-14-1.
(4) For purposes of IC 12-15-30.5, the meaning set forth in
IC 12-15-30.5-2.
(5) (3) For purposes of IC 12-15-33, the meaning set forth in
IC 12-15-33-1.
(6) (4) For purposes of IC 12-21-7.1, the meaning set forth in
IC 12-21-7.1-1.
(7) (5) For purposes of IC 12-28-1, the meaning set forth in
IC 12-28-1-3.
SECTION 178. IC 12-7-2-44, AS AMENDED BY P.L.6-2012,
SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 44. "Council" means the following:
(1) For purposes of IC 12-9-4, the meaning set forth in
IC 12-9-4-1.
(2) For purposes of IC 12-12-8, the meaning set forth in
IC 12-12-8-2.5.
(3) For purposes of IC 12-13-4, the meaning set forth in
IC 12-13-4-1.
(4) (3) For purposes of IC 12-12.7-2, the meaning set forth in
IC 12-12.7-2-2.
(5) (4) For purposes of IC 12-21-4, the meaning set forth in
IC 12-21-4-1.
SECTION 179. IC 12-7-2-87.8, AS AMENDED BY P.L.210-2015,
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SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 87.8. "Food retailer", for purposes of IC 12-13-14,
has the meaning set forth in IC 12-13-14-1(f). IC 12-13-14-1.
SECTION 180. IC 12-7-2-142, AS AMENDED BY P.L.171-2011,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 142. "Political subdivision", for purposes of the
following statutes, has the meaning set forth in IC 36-1-2-13:
(1) IC 12-8.
(2) IC 12-13-4.
(3) (2) IC 12-32-1.
SECTION 181. IC 12-11-14-10, AS ADDED BY P.L.12-2016,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 10. (a) The ABLE board of the authority is
established. The board consists of the following:
(1) The following four (4) ex officio members:
(A) The treasurer of state.
(B) The secretary of family and social services.
(C) The budget director.
(D) The executive director of the Indiana housing and
community development authority.
(2) Five (5) appointed members who:
(A) are appointed by the governor; and
(B) consist of the following: appointed as follows:
(i) (A) One (1) member appointed by the governor who
has significant experience in actuarial analysis, accounting,
investment management, or other areas of finance that are
relevant to the authority.
(ii) (B) One (1) member appointed by the speaker of the
house of representatives who has significant legal expertise
and knowledge of estate planning.
(iii) (C) One (1) member appointed by the president pro
tempore of the senate who is a representative of a statewide
organization that advocates on behalf of individuals with
disabilities.
(iv) (D) One (1) member appointed by the speaker of the
house of representatives who is an individual with a
disability.
(v) (E) One (1) member appointed by the president pro
tempore of the senate who is a family member of an
individual with a disability.
(b) A certificate of appointment or reappointment of each member
shall be filed with the authority, and this certificate is conclusive
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evidence of the due and proper appointment of the member.
(c) Not more than three (3) of the appointed members of the board
may belong to the same political party.
(d) An appointed member serves a four (4) year term. An appointed
member shall hold over after the expiration of the member's term until
the member's successor is appointed and qualified.
(e) The governor appointing authority may reappoint an appointed
member of the board.
(f) A vacancy shall be filled for the balance of an unexpired term in
the same manner as the original appointment.
(g) The treasurer of state shall serve as chairperson of the board.
The board shall annually elect one (1) of its ex officio members as vice
chairperson and may elect any other officer the board desires. The
board shall meet at the call of the chairperson and as provided in the
bylaws of the authority.
(h) The governor appointing authority may remove an appointed
member for misfeasance, malfeasance, willful neglect of duty, or other
cause.
(i) An appointed member of the board is not entitled to the
minimum salary per diem provided by IC 4-10-11-2.1(b). However,
each appointed member is entitled to reimbursement for traveling
expenses and other expenses actually incurred in connection with the
member's duties.
(j) An ex officio member of the board is entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties.
(k) An ex officio member of the board may designate a person to
serve as an ex officio member of the board in the absence of the ex
officio member.
(l) The majority of the members of the board constitute a quorum for
the purposes of conducting the board's business and exercising the
board's powers and for all other purposes. Vacant positions may not be
counted when determining whether a majority of the members is
present.
(m) The affirmative vote of a majority of all the members of the
board who are present is necessary for the authority to take action. A
vacancy in the membership of the board does not impair the right of a
quorum to exercise all the rights and perform all the duties of the
authority. An action taken by the board under this article may be
authorized by:
(1) resolution at any regular or special meeting; or
(2) unanimous consent of all the members who have not
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abstained.
A resolution takes effect immediately upon adoption and need not be
published or posted.
SECTION 182. IC 12-13-14-1, AS AMENDED BY P.L.210-2015,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 1. (a) As used in this chapter, "automated teller
machine" means an electronic hardware device owned or operated by
or on behalf of a financial institution or retailer that is capable of
dispensing currency and responding to balance inquiries through the
use of a magnetic stripe card issued by or on behalf of the division for
distribution of assistance through an EBT system as described in this
chapter.
(b) As used in this chapter, "commission" refers to the electronic
benefits transfer commission established by this chapter.
(c) (b) As used in this chapter, "Department" refers to the United
States Department of Health and Human Services.
(d) (c) As used in this chapter, "EBT program" means an electronic
benefits transfer program.
(e) (d) As used in this chapter, "financial institution" means a bank,
trust company, savings institution, credit union, or any other
organization:
(1) whose principal business activity is providing banking or
financial services to the public; and
(2) that is organized, supervised, and authorized to do business in
Indiana under IC 28 or Title 12 of the United States Code.
(f) (e) As used in this chapter, "food retailer" means a retailer that:
(1) sells food items to consumers; and
(2) has been authorized under 7 CFR 278 to participate in SNAP.
(g) (f) As used in this chapter, "person" includes any individual or
entity described in IC 6-2.5-1-3.
(h) (g) As used in this chapter, "point of sale terminal" means an
electronic hardware device that is:
(1) used at a retailer's place of business where consumers pay for
goods or services; and
(2) capable of:
(A) initiating a request for authorization of a purchase of
tangible personal property;
(B) disbursing currency from an account;
(C) initiating a balance inquiry for an account; or
(D) distributing assistance through an EBT system as
described in this chapter.
(i) (h) As used in this chapter, "primary business" means more than
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fifty percent (50%) of the gross retail income (as defined in
IC 6-2.5-1-5) attributable to the location or premises where the
business is located.
(j) (i) As used in this chapter, "retailer" means a person that, in the
ordinary course of business:
(1) sells or transfers tangible personal property; or
(2) provides or performs services for compensation;
to consumers.
(k) (j) As used in this chapter, "Secretary" refers to the Secretary of
the United States Department of Agriculture.
SECTION 183. IC 12-13-14-3 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 3. (a) The electronic benefits transfer commission is
established.
(b) The commission consists of eight (8) members appointed by the
secretary of family and social services as follows:
(1) Two (2) employees of the office of the secretary of family and
social services.
(2) Two (2) members of the Indiana Grocers and Convenience
Store Association, nominated by the chief executive officer of the
Indiana Grocers and Convenience Store Association for
consideration by the secretary of family and social services.
(3) Two (2) members of the Indiana Bankers Association,
nominated by the chief executive officer of the Indiana Bankers
Association for consideration by the office of the secretary of
family and social services.
(4) Two (2) persons representing recipients of SNAP benefits or
TANF benefits. One (1) person shall be nominated by the Indiana
Food and Nutrition Network, and one (1) person shall be
nominated by the Indiana Coalition for Human Services for
consideration by the secretary of family and social services.
(c) The terms of office shall be for three (3) years. The members
serve at the will of the secretary of family and social services. A
vacancy on the commission shall be filled by the secretary of family
and social services in the same manner the original appointment was
made.
(d) The secretary of family and social services shall appoint the
initial chairperson from among the members of the commission. The
commission shall meet on the call of the chairperson. When the
chairperson's term expires, the commission shall elect a new
chairperson from among the membership of the commission.
(e) The division shall provide staff needed for the commission to
operate under this chapter.
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(f) The commission members are not eligible for per diem
reimbursement or reimbursement for expenses incurred for travel to
and from commission meetings.
SECTION 184. IC 12-13-16-3 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 3. As used in this chapter, "advisory committee" refers
to the 211 advisory committee established by section 9 of this chapter.
SECTION 185. IC 12-13-16-8, AS ADDED BY P.L.73-2020,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 8. (a) The 211 services fund is established to
make 211 services available throughout Indiana. The fund shall be
administered by the office of the secretary.
(b) The fund consists of the following:
(1) All money appropriated to the fund by the general assembly.
(2) Funds received from the federal government for the support
of 211 services in Indiana.
(3) Investment earnings, including interest, on money in the fund.
(4) Money from any other source, including gifts and grants.
(c) The office of the secretary after consulting with the committee,
shall annually prepare a plan for the expenditure of the money in the
fund. The plan must include a strategy or plan to provide information
concerning, and referrals for, human services in accordance with
section 7 of this chapter.
(d) Money in the fund may be spent for the following purposes:
(1) The creation of a structure for a statewide 211 resources data
base.
(2) The development and implementation of a statewide 211
resources data base described in subdivision (1). Permissible
expenditures under this subdivision include expenditures for
planning, training, accreditation, and system evaluation.
(3) Collecting, organizing, and maintaining information from state
agencies, departments, and programs that provide human
services, for access by a provider of 211 services.
(4) Providing grants for any of the following purposes to a
provider of 211 services:
(A) The design, development, and implementation of 211
services in the provider's 211 service area. Funds provided
under this clause may be used for planning, public awareness,
training, accreditation, and evaluation.
(B) The provision of 211 services on an ongoing basis after the
design, development, and implementation of 211 services in
the provider's service area.
(C) The provision of 211 services on a twenty-four (24) hour
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per day, seven (7) day per week basis.
(e) The expenses of administering the fund shall be paid from
money in the fund.
(f) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(g) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SECTION 186. IC 12-13-16-9 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 9. (a) The 211 advisory committee is established. The
advisory committee includes the following members appointed by the
governor or the governor's designee:
(1) Two (2) members, each of whom represents a different
Indiana United Way entity.
(2) Two (2) members, each of whom represents a different local
service agency that receives referrals from 211.
(3) Seven (7) members representing the types of human services
provided under this chapter.
(4) One (1) individual representing the Indiana Association of
Rehabilitation Facilities.
(b) The initial members of the advisory committee serve the
following terms:
(1) Three (3) members serve a term of one (1) year.
(2) Five (5) members serve a term of two (2) years.
(3) Five (5) members serve a term of four (4) years.
Members appointed to the advisory committee thereafter serve terms
of four (4) years.
(c) The governor or the governor's designee shall appoint the
chairperson of the advisory committee.
(d) The advisory committee shall do the following:
(1) Provide input and consultation regarding implementation and
administration of 211 services by the office of the secretary to
ensure compliance with any requirements or obligations under
this chapter.
(2) Advise the office of the secretary and make recommendations
concerning the use of and goals for 211 services.
(e) The office of the secretary shall staff the advisory committee.
The expenses of the advisory committee shall be paid by the office of
the secretary.
(f) Each member of the advisory committee who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
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traveling expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(g) Each member of the advisory committee who is a state employee
is entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
SECTION 187. IC 12-15-30.5-2 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 2. As used in this chapter, "commission" refers to
the nonemergency medical transportation commission established by
section 7 of this chapter.
SECTION 188. IC 12-15-30.5-6 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 6. (a) Before October 1, 2019, the office of the
secretary shall prepare a report containing the number of Medicaid
fee-for-service nonemergency medical transportation claims paid by:
(1) vehicle type;
(2) Medicaid recipient category; and
(3) whether the recipient for which the claim was paid resided in:
(A) the community;
(B) a health facility;
(C) an intermediate care facility for individuals with
intellectual disabilities;
(D) a hospital; or
(E) another location.
(b) Beginning June 1, 2016, through May 31, 2019, the claims data
reported in subsection (a) must be organized by month.
(c) The office of the secretary shall submit the report prepared under
subsection (a) to the commission.
SECTION 189. IC 12-15-30.5-7 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 7. (a) The nonemergency medical transportation
commission is established for the purpose of overseeing the provision
of nonemergency medical transportation services to ensure that
Medicaid fee-for-service recipients are receiving satisfactory service
and to ensure that brokers pay the claims of transportation providers in
a timely manner.
(b) The commission consists of the following members:
(1) Two (2) members of the senate, who may not be members of
the same political party, appointed by the president pro tempore
of the senate with the advice of the minority leader of the senate.
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(2) Two (2) members of the house of representatives, who may
not be members of the same political party, appointed by the
speaker of the house of representatives with the advice of the
minority leader of the house of representatives.
(3) One (1) representative of the office of the secretary.
(4) One (1) individual representing a broker.
(5) One (1) individual representing a transportation provider that
has contracted with a broker.
(6) One (1) individual representing the Indiana Hospital
Association.
(7) One (1) individual representing the Indiana Health Care
Association.
(8) One (1) individual representing the Indiana Association of
Rehabilitation Facilities.
(9) One (1) individual representing the Arc of Indiana.
(10) One (1) physician licensed under IC 25-22.5.
(11) One (1) individual representing dialysis providers.
(12) One (1) Medicaid fee-for-service recipient.
(13) One (1) individual representing the Indiana Association of
Area Agencies on Aging.
(14) One (1) individual representing the Indiana Emergency
Medical Services Association.
(c) The members of the commission described in subsection (b)(1)
and (b)(2) shall serve:
(1) as nonvoting advisory members; and
(2) for a four (4) year term.
(d) The members of the commission described in subsection (b)(3)
through (b)(14) shall be appointed by the governor for terms of four (4)
years. The term of a member of the commission expires July 1.
However, a member may continue to serve until a successor is
appointed. In case of a vacancy, the governor shall appoint an
individual to serve for the remainder of the unexpired term. The
governor shall designate one (1) member described in this subsection
as chairperson of the commission.
(e) The initial appointments beginning July 1, 2019, must be:
(1) made by the governor not later than October 1, 2019; and
(2) notwithstanding subsection (d), staggered as follows:
(A) Two (2) years for the members appointed under subsection
(b)(4), (b)(6), (b)(8), (b)(10), (b)(12), and (b)(14).
(B) Three (3) years for the members appointed under
subsection (b)(5), (b)(7), (b)(9), (b)(11), and (b)(13).
This subsection expires July 1, 2024.
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(f) The office shall provide staff support and technical assistance to
the commission, including the collection of and dissemination of data
and reports required by this chapter, in order for the commission to
carry out its duties under this chapter.
SECTION 190. IC 12-15-30.5-8 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 8. (a) Each member of the commission who is not
a state employee is entitled to the minimum salary per diem provided
by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the commission who is a state employee but
who is not a member of the general assembly is entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(c) Each member of the commission who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to legislative members of interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this subsection shall be paid from appropriations
made to the legislative council or the legislative services agency.
SECTION 191. IC 12-15-30.5-9 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 9. The commission shall meet at least two (2)
times per year at a public meeting to do the following:
(1) Review a report submitted under this chapter.
(2) Provide feedback and make recommendations to the office of
the secretary concerning the provision of nonemergency medical
transportation services.
(3) Approve any monies to be awarded to a broker as part of a
withhold provision outlined in the contract between the office of
the secretary and the broker.
SECTION 192. IC 12-15-30.5-10 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 10. On or before July 1, 2027, and July 1
biennially thereafter, the commission shall submit a report to the
executive director of the legislative services agency, in an electronic
format under IC 5-14-6, for review by the interim committee on
government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g).
The report shall describe:
(1) official action taken; and
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(2) actionable items considered;
by the commission during the preceding two (2) years.
SECTION 193. IC 12-17.2-2-2, AS AMENDED BY P.L.56-2023,
SECTION 117, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 2. The division may do the
following:
(1) Prescribe forms for reports, statements, notices, and other
documents required by this article or by the rules adopted under
this article.
(2) Increase public awareness of this article and the rules adopted
under this article by preparing and publishing manuals and guides
explaining this article and the rules adopted under this article.
(3) Facilitate compliance with and enforcement of this article
through the publication of materials under subdivision (2).
(4) Prepare reports and studies to advance the purpose of this
article.
(5) Seek the advice and recommendations of state agencies whose
information and knowledge would be of assistance in writing,
revising, or monitoring rules developed under this article. These
agencies, including the office of the attorney general, Indiana
department of health, division of mental health and addiction,
bureau of criminal identification and investigation, and fire
prevention and building safety commission, department of
homeland security, shall upon request supply necessary
information to the division.
(6) Make the directory of licensees available to the public for a
charge not to exceed the cost of reproducing the directory.
(7) Charge a reasonable processing fee for each license
application and renewal as follows:
(A) For a child care center license, a fee of two dollars ($2) per
licensed child capacity.
(B) For a child care center new inquiry application packet, a
fee not to exceed five dollars ($5).
(C) For a child care home license new inquiry application
packet, a fee not to exceed five dollars ($5).
(D) For a child care home annual inspection, a fee not to
exceed twenty-five dollars ($25).
(8) Exercise any other regulatory and administrative powers
necessary to carry out the functions of the division.
SECTION 194. IC 12-17.2-2-4, AS AMENDED BY P.L.56-2023,
SECTION 118, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 4. (a) The division shall adopt rules
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under IC 4-22-2 concerning the licensing and inspection of child care
centers and child care homes after consultation with the following:
(1) Indiana department of health.
(2) Fire prevention and building safety commission. Department
of homeland security.
(b) The rules adopted under subsection (a) shall be applied by the
division and state fire marshal in the licensing and inspection of
applicants for a license and licensees under this article.
SECTION 195. IC 12-17.2-2-9, AS AMENDED BY P.L.187-2021,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 9. (a) A program operated to serve migrant
children that is exempted under section 8(6) of this chapter and is
certified by the United States Department of Health and Human
Services shall be:
(1) granted a provisional license by the division, for a limited
period not to exceed one (1) year and that is subject to review
every three (3) months, if the division determines that the
program reasonably complies with the rules adopted by the
division; and
(2) inspected by the department of homeland security.
(b) The division and the fire prevention and building safety
commission department of homeland security shall adopt rules under
IC 4-22-2 that apply only to programs operated to serve migrant
children that take into consideration the fact that the programs:
(1) operate in donated space;
(2) provide services for children from migrant worker families;
and
(3) are operated during a single period of less than one hundred
twenty (120) consecutive days during a calendar year.
(c) This section does not prohibit a program operated to serve
migrant children from applying for a license under this article.
SECTION 196. IC 12-17.2-2-10, AS AMENDED BY P.L.225-2013,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 10. (a) The division may grant a variance or
waiver of a rule governing a provider. A variance or waiver granted
under this section must promote statewide practices and must protect
the rights of persons affected by this article.
(b) The division may grant a variance to a rule if a provider does the
following:
(1) Submits to the division a written request for the variance in
the form and manner specified by the division.
(2) Documents that compliance with an alternative method of
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compliance approved by the division will not be adverse to the
health, safety, or welfare of a child receiving services from the
applicant for the variance, as determined by the division.
(c) A variance granted under subsection (b) must be conditioned
upon compliance with the alternative method approved by the division.
Noncompliance constitutes the violation of a rule of the division and
may be the basis for revoking the variance.
(d) The division may grant a waiver of a rule if a provider does the
following:
(1) Submits to the division a written request for the waiver in the
form and manner specified by the division.
(2) Documents that compliance with the rule specified in the
application for the waiver will create an undue hardship on the
applicant for the waiver, as determined by the division.
(3) Documents that the applicant for the waiver will be in
substantial compliance with the rules adopted by the division after
the waiver is granted, as determined by the division.
(4) Documents that noncompliance with the rule specified in the
application for a waiver will not be adverse to the health, safety,
or welfare of a child receiving services from the applicant for the
waiver, as determined by the division.
(e) Except for a variance or waiver of a rule governing child care
homes, a variance or waiver of a rule under this section that conflicts
with a building rule or fire safety rule adopted by the fire prevention
and building safety commission department of homeland security is
not effective until the variance or waiver is approved by the fire
prevention and building safety commission. department of homeland
security or, with the approval of the department of homeland
security, the state building commissioner.
SECTION 197. IC 12-17.2-2-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 12. (a) If the division
determines that a waiver or variance expiring under section 11 of this
chapter will continue to serve the public interest, the division may do
the following:
(1) Renew the waiver or variance without modifications.
(2) Renew and modify the waiver or variance as needed to
promote statewide practices and to protect the rights of persons
affected by this article.
(b) Before taking an action under subsection (a), the division may
require a licensee under this article to do the following:
(1) Apply for the renewal of a waiver or variance on the form
specified by the division.
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(2) Provide the information required by the division.
(c) Except for a waiver or variance of a rule governing child care
homes or foster homes, before taking an action under subsection (a),
the division must obtain the approval of the fire prevention and
building safety commission department of homeland security for the
action if either of the following occurs:
(1) The fire prevention and building safety commission
department of homeland security substantially changes a
building rule or fire safety rule affected by the waiver or variance
after the date the commission department of homeland security
last approved the waiver or variance.
(2) The division substantially modifies any part of a waiver or
variance that conflicts with a building rule or fire safety rule
adopted by the fire prevention and building safety commission.
department of homeland security.
SECTION 198. IC 12-17.2-2-14.2, AS ADDED BY P.L.2-2014,
SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 14.2. (a) As used in this section, "program" refers
to the paths to QUALITY program established by subsection (b).
(b) The paths to QUALITY program is established. The program is
a voluntary child care facility quality rating and improvement system
implemented by the division in partnership with the following
organizations under the trademark "Paths to QUALITY":
(1) Indiana Association for the Education of Young Children.
(2) Indiana Association for Child Care Resource and Referral.
(3) Indiana Head Start Collaboration Office.
(4) Department of education established by IC 20-19-3-1.
(5) Early Childhood Alliance.
(6) 4C of Southern Indiana.
(c) The program shall use four (4) levels at which a child care
facility participating in the program may be rated, with Level 4
indicating the highest level of quality child care.
(d) The office of the secretary shall adopt rules under IC 4-22-2 to
administer the paths to QUALITY program rating system. The rules
must include procedures that outline eligibility and application
procedures for the program, the establishment of procedures relating
to the rating process, and the establishment or alteration of standards
used in the rating process.
(e) The office of the secretary shall adopt rules under IC 4-22-2 to
establish the steering council of the program to make recommendations
to the division on program issues and resources. Rules adopted under
this subsection must require that council members be appointed from
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partner organizations that assist in the implementation of the program
and serve to coordinate the program plan.
SECTION 199. IC 12-17.2-3.5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 10. (a) A facility where
a provider operates a child care program must have two (2) exits that:
(1) do not require passage through a:
(A) garage; or
(B) storage area;
where hazardous materials are stored;
(2) are not windows;
(3) are on different sides of the facility;
(4) are not blocked; and
(5) are operable from the inside without the use of a key or any
special knowledge.
(b) A provider shall:
(1) conduct monthly documented fire drills:
(A) in accordance with the rules of the fire prevention and
building safety commission; department of homeland
security; and
(B) that include complete evacuation of all:
(i) children; and
(ii) adults who provide child care;
in the facility;
(2) maintain documentation of all fire drills conducted during the
immediately preceding twelve (12) month period, including:
(A) the date and time of the fire drill;
(B) the name of the individual who conducted the fire drill;
(C) the weather conditions at the time of the fire drill; and
(D) the amount of time required to fully evacuate the facility;
and
(3) maintain a two and one-half (2 1/2) pound or greater ABC
multiple purpose fire extinguisher:
(A) on each floor of the facility; and
(B) in the kitchen area of the facility;
in each facility where the provider operates a child care program.
SECTION 200. IC 12-17.2-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 2. The fire prevention
and building safety commission department of homeland security
must provide consultation regarding the licensure of child care homes
to the division upon request.
SECTION 201. IC 12-17.2-5-36 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 36. The fire prevention
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and building safety commission department of homeland security
may not adopt rules that classify a child care home as an E building
occupancy classification.
SECTION 202. IC 12-17.2-6-5, AS AMENDED BY HEA
1202-2026, SECTION 26, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 5. (a) As used in this section,
"primary use of the building" means the occupancy classification that
is:
(1) most closely related to the intended use of the building; and
(2) determined by the rules of the fire prevention and building
safety commission department of homeland security in effect
at the time that the child care ministry is first registered.
(b) The department of homeland security shall inspect a child care
ministry registered under section 2 of this chapter to ensure that the
child care ministry complies with the requirements of subsection (c).
(c) Except as provided in the following, a registered child care
ministry shall comply with all rules of the fire prevention and building
safety commission department of homeland security applicable to the
primary use of the building:
(1) A registered child care ministry with an occupant load of at
least fifty (50) shall do either of the following:
(A) Install and maintain a fire alarm system in compliance
with the rules of the fire prevention and building safety
commission. department of homeland security.
(B) Provide a notice on a form prescribed by the department
of homeland security to the parents of each child who attends
the ministry stating that the ministry does not have the same
level of fire safety protection as a licensed child care center.
(2) Each registered child care ministry with an occupant load of
less than fifty (50) shall do either of the following:
(A) Install and maintain in good operating condition at least
one (1) battery operated smoke detector in each room and
corridor used by the ministry.
(B) Provide a notice on a form prescribed by the department
of homeland security to the parents of each child who attends
the ministry stating that the ministry does not have the same
level of fire safety protection as a licensed child care center.
(3) Each registered child care ministry shall comply with the rules
of the fire prevention and building safety commission
department of homeland security concerning fire drills.
For purposes of this subsection, occupant load is determined by
dividing the total square footage of the area used by the child care
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ministry by thirty-five (35) and rounding any result that is not a whole
number up to the next whole number.
(d) The department of homeland security shall perform inspections
of a child care ministry registered under section 2 of this chapter in
accordance with IC 22-14-2-11.
SECTION 203. IC 12-17.6-2-7, AS AMENDED BY P.L.53-2014,
SECTION 111, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 7. (a) The office shall contract with
an independent organization to evaluate the program.
(b) The office shall report the results of each evaluation to the
(1) children's health policy board established by IC 4-23-27-2;
and
(2) interim study committee on public health, behavioral health,
and human services established by IC 2-5-1.3-4 in an electronic
format under IC 5-14-6.
(c) This section does not modify the requirements of other statutes
relating to the confidentiality of medical records.
SECTION 204. IC 12-17.6-2-12, AS AMENDED BY P.L.53-2014,
SECTION 112, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 12. Not later than April 1, the office
shall provide a report describing the program's activities during the
preceding calendar year to the:
(1) budget committee;
(2) legislative council; and
(3) children's health policy board established by IC 4-23-27-2;
and
(4) (3) interim study committee on public health, behavioral
health, and human services established by IC 2-5-1.3-4 in an
electronic format under IC 5-14-6.
A report provided under this section to the legislative council must be
in an electronic format under IC 5-14-6.
SECTION 205. IC 12-17.6-4-2, AS AMENDED BY P.L.103-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. (a) The benefit package provided under the
program shall focus on age appropriate preventive, primary, and acute
care services.
(b) The office shall offer health insurance coverage for the following
basic services:
(1) Inpatient and outpatient hospital services.
(2) Physicians' services provided by a physician (as defined in 42
U.S.C. 1395x(r)).
(3) Laboratory and x-ray services.
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(4) Well-baby and well-child care, including:
(A) age appropriate immunizations; and
(B) periodic screening, diagnosis, and treatment services
according to a schedule developed by the office.
The office may offer services in addition to those listed in this
subsection if appropriations to the program exist to pay for the
additional services.
(c) The office shall offer health insurance coverage for the following
additional services if the office determines that the coverage for the
services has an actuarial value equal to or greater than the actuarial
value of the services provided by the benchmark program: determined
by the children's health policy board established by IC 4-23-27-2:
(1) Prescription drugs.
(2) Mental health services.
(3) Vision services.
(4) Hearing services.
(5) Dental services.
(d) Notwithstanding subsections (b) and (c), the office may not
impose treatment limitations or financial requirements on the coverage
of services for a mental illness if similar treatment limitations or
financial requirements are not imposed on coverage for services for
other illnesses. Coverage for mental illness under the program must
include the following:
(1) Inpatient mental health services and substance abuse services
provided in an institution that:
(A) treats mental disease; and
(B) has more than sixteen (16) beds;
unless coverage is prohibited by federal law.
(2) Psychiatric residential treatment services.
(3) Community mental health rehabilitation services.
(4) Outpatient mental health services and substance abuse
services, with no greater limitations on the number of units per
rolling year than are required under the Medicaid program.
However, the office may require prior authorization for the services
specified in subdivisions (1) through (4).
SECTION 206. IC 12-17.6-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 5. (a) It is a violation
of IC 27-4-1-4 if an insurer, or an insurance producer or insurance
broker compensated by the insurer, knowingly or intentionally refers
an insured or the dependent of an insured to the program for health
insurance coverage when the insured already receives health insurance
coverage through an employer's health care plan that is underwritten by
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the insurer.
(b) The office shall coordinate with the children's health policy
board under IC 4-23-27 to evaluate the need for mechanisms that
minimize the incentive for an employer to eliminate or reduce health
care coverage for an employee's dependents.
SECTION 207. IC 13-20-13-5, AS AMENDED BY P.L.37-2012,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 5. A person that obtains a certificate of
registration under section 3 of this chapter must do the following:
(1) Report annually to the department on the following:
(A) The number of passenger tire equivalents received at the
waste tire storage site or by the waste tire processing
operation.
(B) The number and manner of disposal of the passenger tire
equivalents.
(2) Maintain contingency plans to protect public health and the
environment.
(3) If the person operates a waste tire storage site, maintain
financial assurance acceptable to the department necessary for
waste tire removal, in an amount specified in rules adopted by the
board under section 11(b)(3) of this chapter.
(4) Maintain a copy of the certificate of registration at the site.
(5) Comply with applicable rules and requirements established by
the fire prevention and building safety commission department
of homeland security for indoor waste tire storage sites.
(6) Retain a copy of manifests received from a waste tire
transporter under IC 13-20-14 for at least one (1) year and make
a copy of the manifests available to the department upon request.
SECTION 208. IC 13-23-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 1. A unit of local
government may not enact or enforce an ordinance that is in conflict
with any of the following:
(1) This article.
(2) Rules adopted by the fire prevention and building safety
commission department of homeland security under this article.
(3) Rules adopted by the board under this article.
SECTION 209. IC 13-23-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 2. (a) To obtain a
certificate under section 1 of this chapter, a person must:
(1) take an examination that is approved;
(2) achieve a passing score on the examination that is established;
and
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(3) pay any reasonable fees necessary to offset the costs incurred
by the state fire marshal department in administering the
examination and certification procedures that are established;
under rules adopted by the fire prevention and building safety
commission. board.
(b) An examination described under subsection (a) must cover the
following subjects:
(1) Relevant rules adopted by the:
(A) board; and
(B) fire prevention and building safety commission;
the board concerning underground storage tanks.
(2) Any other subjects approved under rules adopted by the fire
prevention and building safety commission. board.
(c) The fire prevention and building safety commission board shall
adopt rules establishing the following:
(1) The number of times a person who fails an examination
described under this section may take the examination again.
(2) The period of time a person who fails an examination
described under this section must wait before taking the
examination again.
(d) The state fire marshal department may, under rules adopted by
the fire prevention and building safety commission, certify a person:
(1) under section 1 of this chapter; and
(2) by reciprocity;
if the person is licensed or certified by another state that has
certification requirements that are substantially similar to the
requirements established under this section.
SECTION 210. IC 14-10-1-1, AS AMENDED BY P.L.78-2019,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. The natural resources commission is
established. The commission consists of twelve (12) members as
follows:
(1) The commissioner of the Indiana department of transportation
or the commissioner's designee.
(2) The commissioner of the department of environmental
management or the commissioner's designated deputy.
(3) The director of the office of tourism development or the
director's designee (before July 1, 2020) or the director of the
Indiana destination development corporation or the director's
designee (after June 30, 2020).
(4) The director of the department.
(5) The chairperson of the advisory council established by
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IC 14-9-6-1.
(6) The president of the Indiana academy of science or the
president's designee.
(7) Six (6) citizen members appointed by the governor. at least
two (2) of whom must have knowledge, experience, or education
in the environment or in natural resource conservation. Not more
than three (3) citizen members may be of the same political party.
SECTION 211. IC 14-10-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 4. (a) The members of
the commission who are not state employees are not entitled to:
(1) the minimum salary per diem as provided in IC 4-10-11-2.1(b)
for each day that the members are engaged in the official business
of the commission; or
(2) reimbursement for traveling expenses and other expenses
actually incurred in connection with the members' duties.
(b) The members of the commission who are state employees are
entitled to reimbursement for travel, lodging, meals, and other expenses
as provided in the state travel policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
SECTION 212. IC 15-12-5-12, AS ADDED BY P.L.2-2008,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. (a) Each A member of the council who is not
a state employee is not entitled to:
(1) the minimum salary per diem provided by IC 4-10-11-2.1(b);
or
(2) The member is also entitled to reimbursement for traveling
expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties. as
provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
(b) Each member of the council who is a state employee is entitled
to reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
SECTION 213. IC 16-18-2-37.5, AS AMENDED BY P.L.3-2008,
SECTION 103, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 37.5. (a) "Board", for purposes of
IC 16-22-8, has the meaning set forth in IC 16-22-8-2.1.
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(b) "Board", for purposes of IC 16-41-42.2, has the meaning set
forth in IC 16-41-42.2-1.
SECTION 214. IC 16-18-2-84, AS AMENDED BY P.L.129-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 84. (a) "Council", for purposes of IC 16-46-6,
refers to the interagency state council on black and minority health.
(b) "Council", for purposes of IC 16-46-17, refers to the rare disease
advisory council.
SECTION 215. IC 16-18-2-161.5 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 161.5. "Health care interpreter", for purposes of
IC 16-46-11.1, has the meaning set forth in IC 16-46-11.1-2.
SECTION 216. IC 16-18-2-163.5 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 163.5. "Health care translator", for purposes of
IC 16-46-11.1, has the meaning set forth in IC 16-46-11.1-3.
SECTION 217. IC 16-19-3-4, AS AMENDED BY P.L.1-2025,
SECTION 182, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 4. (a) The executive board may, by
an affirmative vote of a majority of its members, adopt reasonable rules
under IC 4-22-2 on behalf of the state department to protect or to
improve the public health in Indiana.
(b) The rules may concern but are not limited to the following:
(1) Nuisances dangerous to public health.
(2) The pollution of any water supply other than where
jurisdiction is in the environmental rules board and department of
environmental management.
(3) The disposition of excremental and sewage matter.
(4) The control of fly and mosquito breeding places.
(5) The detection, reporting, prevention, and control of diseases
that affect public health.
(6) The care of maternity and infant cases and the conduct of
maternity homes.
(7) The production, distribution, and sale of human food.
(8) Except as provided in section 4.4 of this chapter, the conduct
of camps.
(9) Standards of cleanliness of eating facilities for the public.
(10) Standards of cleanliness of sanitary facilities offered for
public use.
(11) The handling, disposal, disinterment, and reburial of dead
human bodies.
(12) Vital statistics.
(13) Sanitary conditions and facilities in public buildings and
grounds, including plumbing, drainage, sewage disposal, water
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supply, lighting, heating, and ventilation, other than where
jurisdiction is vested by law in the fire prevention and building
safety commission department of homeland security or other
state agency.
(14) The design, construction, and operation of swimming and
wading pools. However, the rules governing swimming and
wading pools do not apply to a pool maintained by an individual
for the sole use of the individual's household and house guests.
(c) The executive board shall adopt reasonable rules to regulate the
following:
(1) The sanitary operation of tattoo parlors.
(2) The sanitary operation of body piercing facilities.
(d) The executive board may adopt rules on behalf of the state
department for the efficient enforcement of this title, except as
otherwise provided. However, fees for inspections relating to weights
and measures may not be established by the rules.
(e) The executive board may declare that a rule described in
subsection (d) is necessary to meet an emergency and adopt the rule
under IC 4-22-2.
(f) The rules of the state department may not be inconsistent with
this title and or any other state law.
SECTION 218. IC 16-19-3.5-11, AS ADDED BY P.L.49-2016,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 11. The state department may not deny a
construction permit based upon noncompliance or suspected
noncompliance with a rule adopted under the authority of the fire
prevention and building safety commission established by
IC 22-12-2-1. department of homeland security.
SECTION 219. IC 16-19-13-3, AS AMENDED BY P.L.51-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. The office is established for the following
purposes:
(1) To educate and advocate for women's health by requesting that
the state department, either on its own or in partnership with other
entities, establish appropriate forums, programs, or initiatives
designed to educate the public regarding women's health, with an
emphasis on preventive health and healthy lifestyles.
(2) To assist the state health commissioner in identifying,
coordinating, and establishing priorities for programs, services,
and resources the state should provide for women's health issues
and concerns relating to the reproductive, menopausal, and
postmenopausal phases of a woman's life, with an emphasis on
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postmenopausal health.
(3) To serve as a clearinghouse and resource for information
regarding women's health data, strategies, services, and programs
that address women's health issues, including the following:
(A) Diseases that significantly impact women, including heart
disease, cancer, and osteoporosis.
(B) Menopause.
(C) Mental health.
(D) Substance abuse.
(E) Sexually transmitted diseases.
(F) Sexual assault and domestic violence.
(G) Female genital mutilation (as defined in IC 35-42-2-10).
(4) To collect, classify, and analyze relevant research information
and data conducted or compiled by:
(A) the state department; or
(B) other entities in collaboration with the state department;
and to provide interested persons with information regarding the
research results, except as prohibited by law.
(5) To develop and recommend funding and program activities for
educating the public on women's health initiatives, including the
following:
(A) Health needs throughout a woman's life.
(B) Diseases that significantly affect women, including heart
disease, cancer, and osteoporosis.
(C) Access to health care for women.
(D) Poverty and women's health.
(E) The leading causes of morbidity and mortality for women.
(F) Special health concerns of minority women.
(6) To make recommendations to the state health commissioner
regarding programs that address women's health issues for
inclusion in the state department's biennial budget and strategic
planning.
(7) To seek funding from private or governmental entities to carry
out the purposes of this chapter.
(8) To prepare materials for publication and dissemination to the
public on women's health.
(9) To conduct public educational forums in Indiana to raise
public awareness and to educate citizens about women's health
programs, issues, and services.
(10) To coordinate the activities and programs of the office with
other entities that focus on women's health or women's issues,
including the Indiana commission for women (IC 4-23-25-3).
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Indiana cultural commission established by IC 4-23-36.
(11) To represent the state health commissioner, upon request,
before the general assembly and the Indiana commission for
women established by IC 4-23-25-3. Indiana cultural
commission established by IC 4-23-36.
(12) To provide an annual report to the governor, the legislative
council, and the Indiana commission for women Indiana cultural
commission established by IC 4-23-36 regarding the successes
of the programs of the office, priorities and services needed for
women's health in Indiana, and areas for improvement. A report
provided under this subdivision to the legislative council must be
in an electronic format under IC 5-14-6.
This section does not allow the director or any employees of the office
to advocate, promote, refer to, or otherwise advance abortion or
abortifacients.
SECTION 220. IC 16-22-2-5, AS AMENDED BY P.L.104-2022,
SECTION 108, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. (a) This section applies to a
county hospital in a county having a population of more than sixteen
thousand seven hundred (16,700) and less than nineteen thousand
(19,000). twenty thousand (20,000).
(b) Subject to subsection (e), the hospital and the affairs and
business of the hospital shall be under the management and control of
a governing board consisting of seven (7) members as follows:
(1) Three (3) members must be members of the county executive.
(2) Two (2) members shall be appointed by the county fiscal
body, one (1) of whom may be a licensed physician.
(3) Two (2) members shall be appointed by the county executive.
(c) One (1) of the members initially appointed by the county fiscal
body serves for one (1) year and one (1) of the members initially
appointed serves for two (2) years. After the initial appointment, the
members serve for two (2) years.
(d) One (1) of the members initially appointed by the county
executive serves for one (1) year and one (1) of the members initially
appointed serves for two (2) years. After the initial appointment, the
members serve for two (2) years.
(e) Not more than two (2) members of a governing board appointed
under this section may reside in a county other than the county in
which the hospital is located. A member who is not a resident of the
county in which the hospital is located must:
(1) be an Indiana resident; and
(2) be appointed upon a submission made under section 11 of this
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chapter by the governing board of the hospital to the appointing
authority.
SECTION 221. IC 16-28-1-7, AS AMENDED BY P.L.141-2014,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 7. The state department shall do the following:
(1) Adopt rules under IC 4-22-2 governing the following:
(A) Health and sanitation standards necessary to protect the
health, safety, security, rights, and welfare of patients.
(B) Qualifications of applicants for licenses issued under this
article to assure the proper care of patients.
(C) Operation, maintenance, management, equipment, and
construction of facilities required to be licensed under this
article if jurisdiction is not vested in any other state agency.
(D) Manner, form, and content of the license, including rules
governing disclosure of ownership interests.
(E) Levels of medical staffing and medical services in
cooperation with the office of Medicaid policy and planning,
division of family resources, and other agencies authorized to
pay for the services.
(2) Recommend to the fire prevention and building safety
commission department of homeland security fire safety rules
necessary to protect the health, safety, security, rights, and welfare
of patients.
(3) Classify health facilities in health care categories.
SECTION 222. IC 16-41-26-8, AS AMENDED BY P.L.181-2018,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 8. (a) Except as provided in subsection (b), the
state department shall adopt rules under IC 4-22-2 necessary to protect
the health, safety, and welfare of persons living in agricultural labor
camps, prescribing standards for living quarters at agricultural labor
camps, including provisions relating to construction of camps, sanitary
conditions, light, air, safety protection from fire hazards, equipment,
maintenance and operation of the camp, sewage disposal through septic
tank absorption fields or other approved methods, and other matters
appropriate for the security of the life and health of occupants.
(b) The environmental rules board shall adopt rules under
IC 13-14-9 pertaining to water supplies required for agricultural labor
camps.
(c) In the preparation of rules, the state department:
(1) shall consult with and request technical assistance from other
appropriate state agencies; and
(2) may appoint and consult with committees of technically
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qualified persons and of representatives of employers and
employees.
(d) If a conflict exists between rules adopted under this chapter and
rules adopted by the fire prevention and building safety commission,
department of homeland security, the rules authorized in this section
apply.
(e) A copy of every rule adopted under this chapter shall be sent to
each health officer in Indiana and to the heads of other state agencies
with specific or related responsibility affecting agricultural labor camps
and to any person requesting the rules. The rules affecting agricultural
labor camps adopted under this chapter shall be published periodically
in the manner the state department determines.
SECTION 223. IC 16-41-31-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 6. The fire prevention
and building safety commission department of homeland security
shall adopt rules under IC 4-22-2 to establish fire safety standards for
bed and breakfast establishments.
SECTION 224. IC 16-41-42.2-1 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 1. As used in this chapter, "board" refers to the
spinal cord and brain injury research board established by section 5 of
this chapter.
SECTION 225. IC 16-41-42.2-4, AS AMENDED BY P.L.200-2015,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 4. The fund is to be used for the following
purposes:
(1) Establishing and maintaining a state medical surveillance
registry for traumatic spinal cord and brain injuries.
(2) Fulfilling the duties of the board established by section 5 of
this chapter.
(3) (2) Funding research related to the treatment and cure of
spinal cord and brain injuries, including acute management,
medical complications, rehabilitative techniques, and neuronal
recovery. Research must be conducted in compliance with all
state and federal laws.
(4) (3) Concerning spinal cord injuries, funding of at least ten
percent (10%) and not more than fifteen percent (15%) of money
in the fund for:
(A) post acute extended treatment and services for an
individual with a spinal cord injury; or
(B) facilities that offer long term activity based therapy
services at affordable rates to an individual with a spinal cord
injury that requires extended post acute care.
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(5) (4) Concerning brain injuries, funding of at least ten percent
(10%) and not more than fifteen percent (15%) of money in the
fund for:
(A) post acute extended treatment and services for an
individual with a brain injury; or
(B) facilities that offer long term activity based therapy
services at affordable rates to an individual with a brain injury
that requires extended post acute care.
(6) (5) Develop a statewide trauma system. However, not more
than fifty percent (50%) of money in the fund may be used for
purposes of developing a statewide trauma system.
SECTION 226. IC 16-41-42.2-5, AS AMENDED BY P.L.29-2016,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 5. (a) The spinal cord and brain injury research
board is established for the purpose of administering the fund. The
board is composed of eleven (11) members.
(b) The following six (6) members of the board shall be appointed
by the governor:
(1) One (1) member who has a spinal cord or head injury or who
has a family member with a spinal cord or head injury.
(2) One (1) member who is a physician licensed under IC 25-22.5
who has specialty training in neuroscience and surgery.
(3) One (1) member who is a physiatrist holding a board
certification from the American Board of Physical Medicine and
Rehabilitation.
(4) One (1) member representing the technical life sciences
industry.
(5) One (1) member who is a physical therapist licensed under
IC 25-27 who treats individuals with traumatic spinal cord
injuries or brain injuries.
(6) One (1) member who owns or operates a facility that provides
long term activity based therapy services at affordable rates to
individuals with traumatic spinal cord injuries or brain injuries.
(c) Five (5) members of the board shall be appointed as follows:
(1) One (1) member representing Indiana University to be
appointed by Indiana University.
(2) One (1) member representing Purdue University to be
appointed by Purdue University.
(3) One (1) member representing the National Spinal Cord Injury
Association to be appointed by the National Spinal Cord Injury
Association.
(4) One (1) member representing the largest freestanding
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rehabilitation hospital for brain and spinal cord injuries in Indiana
to be appointed by the Rehabilitation Hospital of Indiana located
in Indianapolis.
(5) One (1) member representing the Brain Injury Association of
America to be appointed by the Brain Injury Association of
Indiana.
(d) The term of a member is four (4) years. A member serves until
a successor is appointed and qualified. If a vacancy occurs on the board
before the end of a member's term, the appointing authority appointing
the vacating member shall appoint an individual to serve the remainder
of the vacating member's term.
(e) A majority of the members appointed to the board constitutes a
quorum. The affirmative votes of a majority of the members are
required for the board to take action on any measure.
(f) Each member of the board is entitled to the minimum salary per
diem provided by IC 4-10-11-2.1(b). The member is also entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(g) The board shall annually elect a chairperson who shall be the
presiding officer of the board. The board may establish other officers
and procedures as the board determines necessary.
(h) The board shall meet at least two (2) times each year. The
chairperson may call additional meetings.
(i) The state department shall provide staff for the board. The state
department shall maintain a registry of the members of the board. An
appointing authority shall provide written confirmation of an
appointment to the board to the state department in the form and
manner specified by the state department.
(j) The board state department shall do the following:
(1) Consider policy matters relating to spinal cord and brain
injury research projects and programs under this chapter.
(2) Consider research applications and make grants for approved
research projects under this chapter.
(3) Consider applications and make grants to health care clinics
that:
(A) are exempt from federal income taxation under Section
501 of the Internal Revenue Code;
(B) employ physical therapists licensed under IC 25-27; and
(C) provide in Indiana long term activity based therapy
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services at affordable rates to individuals with spinal cord
injuries or brain injuries that require extended post acute care.
(4) Consider the application's efficacy in providing significant and
sustained improvement to individuals with spinal cord injuries or
brain injuries.
(5) Formulate policies and procedures concerning the operation
of the board. state department.
(6) Review and authorize spinal cord and brain injury research
projects and programs to be financed under this chapter. For
purposes of this subdivision, the board state department may
establish an independent scientific advisory panel composed of
scientists and clinicians who are not members of the board state
department to review proposals submitted to the board state
department and make recommendations to the board. state
department. Collaborations are encouraged with other
Indiana-based researchers as well as researchers located outside
Indiana, including researchers in other countries.
(7) Review and approve progress and final research reports on
projects authorized under this chapter, including any other
information the board state department has required to be
submitted as a condition of receiving a grant.
(8) Review and make recommendations concerning the
expenditure of money from the fund.
(9) Take other action necessary for the purpose stated in
subsection (a). of administering the fund.
(10) Provide to the governor, the general assembly, and the
legislative council an annual report not later than January 30 of
each year showing the status of funds appropriated under this
chapter. The report to the general assembly and the legislative
council must be in an electronic format under IC 5-14-6.
(k) A member of the board is exempt from civil liability arising or
thought to arise from an action taken in good faith as a member of the
board.
(l) The department shall annually present to the board a financial
statement that includes the following information for the current and
previous fiscal year:
(1) The amount of money deposited into the fund.
(2) The amount of money expended from the fund.
(3) The amount of money, including any reserves, available for
grants from the fund.
SECTION 227. IC 16-46-6-1 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 1. As used in this chapter, "council" refers to the
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interagency state council on black and minority health.
SECTION 228. IC 16-46-6-3 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 3. The state department shall establish the interagency
state council on black and minority health.
SECTION 229. IC 16-46-6-4 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 4. (a) The council consists of the following twenty-one
(21) members:
(1) Two (2) members of the house of representatives from
different political parties appointed by the speaker of the house of
representatives.
(2) Two (2) members of the senate from different political parties
appointed by the president pro tempore of the senate.
(3) The governor or the governor's designee.
(4) The state health commissioner or the commissioner's
designee.
(5) The director of the division of family resources established by
IC 12-13-1-1 or the director's designee.
(6) The director of the office of Medicaid policy and planning
established by IC 12-8-6.5-1 or the director's designee.
(7) The director of the division of mental health and addiction
established by IC 12-21-1-1 or the director's designee.
(8) The commissioner of the department of correction or the
commissioner's designee.
(9) One (1) representative of a local health department appointed
by the governor.
(10) One (1) representative of a public health care facility
appointed by the governor.
(11) One (1) psychologist appointed by the governor who:
(A) is licensed to practice psychology in Indiana; and
(B) has knowledge and experience in the special health needs
of minorities.
(12) One (1) member appointed by the governor based on the
recommendation of the Indiana State Medical Association.
(13) One (1) member appointed by the governor based on the
recommendation of the National Medical Association.
(14) One (1) member appointed by the governor based on the
recommendation of the Indiana Hospital and Health Association.
(15) One (1) member appointed by the governor based on the
recommendation of the American Cancer Society.
(16) One (1) member appointed by the governor based on the
recommendation of the American Heart Association.
(17) One (1) member appointed by the governor based on the
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recommendation of the American Diabetes Association.
(18) One (1) member appointed by the governor based on the
recommendation of the Black Nurses Association.
(19) One (1) member appointed by the governor based on the
recommendation of the Indiana Minority Health Coalition.
(b) At least fifty-one percent (51%) of the members of the council
must be minorities.
SECTION 230. IC 16-46-6-5 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 5. (a) Except as provided in subsection (b), all
appointments to the council are for two (2) years. A legislative
member's term expires on June 30 of an odd-numbered year.
(b) The term of a member appointed by the governor is four (4)
years and expires as follows:
(1) June 30, 2025, and each fourth year thereafter for a member
appointed under section 4(a)(9) through 4(a)(14) of this chapter.
(2) December 31, 2025, and each fourth year thereafter for a
member appointed under section 4(a)(15) through 4(a)(19) of this
chapter.
(c) A member may be reappointed to the commission for succeeding
terms.
SECTION 231. IC 16-46-6-6 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 6. The council shall select a chairman from the
membership annually.
SECTION 232. IC 16-46-6-7 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 7. Appointments to fill a vacancy are for the remainder
of an unexpired term and are made by the authority who made the
original appointment.
SECTION 233. IC 16-46-6-8 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 8. The state department shall provide staff for the
council.
SECTION 234. IC 16-46-6-9 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 9. The council shall hold at least four (4) meetings
annually.
SECTION 235. IC 16-46-6-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 10. The council shall
Indiana cultural commission established under IC 4-23-36 may do
the following:
(1) Identify and study the special health care needs and health
problems of minorities.
(2) Examine the factors and conditions that affect the health of
minorities.
(3) Examine the health care services available to minorities in the
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public and private sector and determine the extent to which these
services meet the needs of minorities.
(4) Study the state and federal laws concerning the health needs
of minorities.
(5) Examine the coordination of services to minorities and
recommend improvements in the delivery of services.
(6) Examine funding sources for minority health care.
(7) Examine and recommend preventive measures concerning the
leading causes of death or injury among minorities, including the
following:
(A) Heart disease.
(B) Stroke.
(C) Cancer.
(D) Intentional injuries.
(E) Accidental death and injury.
(F) Cirrhosis.
(G) Diabetes.
(H) Infant mortality.
(I) HIV and acquired immune deficiency syndrome.
(J) Mental Health.
(K) Substance Abuse.
(8) Examine the impact of the following on minorities:
(A) Adolescent pregnancy.
(B) Sexually transmitted and other communicable diseases.
(C) Lead poisoning.
(D) Long term disability and aging.
(E) Sickle cell anemia.
(9) Monitor the Indiana minority health initiative and other public
policies that affect the health status of minorities.
(10) Develop and implement a comprehensive plan and time line
to address health disparities and health issues of minority
populations in Indiana.
SECTION 236. IC 16-46-6-11 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 11. The council shall submit a report in an electronic
format under IC 5-14-6 to the general assembly before November 1 of
each year. The report must include the following:
(1) The findings and conclusions of the council.
(2) Recommendations of the council.
SECTION 237. IC 16-46-6-12 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 12. (a) Except as otherwise provided, a person who
recklessly violates or fails to comply with this chapter commits a Class
B misdemeanor.
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(b) Each day a violation continues constitutes a separate offense.
SECTION 238. IC 16-46-6-13 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 13. (a) Each member of the council who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The council member is also entitled to
reimbursement for mileage, traveling expenses as provided under
IC 4-13-1-4, and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(b) Each member of the council who is a state employee is entitled
to reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(c) Except as provided in subsection (d), expenses incurred under
this section must be paid out of the funds appropriated to the state
department.
(d) Each member of the council who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to legislative members of interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this subsection shall be paid from appropriations
made to the legislative council or the legislative services agency.
SECTION 239. IC 16-46-11.1 IS REPEALED [EFFECTIVE JULY
1, 2027]. (Commission on Health Care Interpreters and Translators).
SECTION 240. IC 20-20-38-4, AS AMENDED BY P.L.213-2025,
SECTION 163, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 4. (a) The state board shall develop
and implement a long range state plan for a comprehensive secondary
level career and technical education program in Indiana.
(b) The plan developed under this section must be updated as
changes occur. The state board shall make the plan and any revisions
made to the plan available to:
(1) the governor;
(2) the general assembly;
(3) the department of workforce development;
(4) the commission for higher education; and
(5) the board for proprietary education; and
(6) (5) any other appropriate state or federal agency.
A plan or revised plan submitted under this section to the general
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assembly must be in an electronic format under IC 5-14-6.
(c) The plan developed under this section must set forth specific
goals for secondary level public career and technical education and
must include the following:
(1) The preparation of each graduate for both employment and
further education.
(2) Accessibility of career and technical education to individuals
of all ages who desire to explore and learn for economic and
personal growth.
(3) Projected employment opportunities in various career and
technical education fields.
(4) A study of the supply of and the demand for a labor force
skilled in particular career and technical education areas.
(5) A study of technological and economic change affecting
Indiana.
(6) An analysis of the private career and education sector in
Indiana.
(7) Recommendations for improvement in the state career and
technical education program.
(8) The educational levels expected of career and technical
education programs proposed to meet the projected employment
needs.
(d) When making any revisions to the plan, the state board shall
consider the workforce needs and training and education needs
identified in the occupational demand report prepared by the
department of workforce development under IC 22-4.1-4-10.
(e) The state board shall use data from the department of workforce
development to develop and implement a plan or make revisions to a
plan under this section.
SECTION 241. IC 20-20-38-6, AS AMENDED BY P.L.213-2025,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 6. (a) The state board shall do the
following:
(1) Make recommendations to the general assembly concerning
the development, duplication, and accessibility of employment
training and career and technical education on a regional and
statewide basis.
(2) Consult with any state agency, commission, or organization
that supervises or administers programs of career and technical
education concerning the coordination of career and technical
education, including the following:
(A) The Indiana economic development corporation.
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(B) A private industry council (as defined in 29 U.S.C. 1501
et seq.).
(C) The department of labor.
(D) The commission for higher education.
(E) The department of workforce development.
(F) The board for proprietary education.
(G) (F) The Indiana department of veterans' affairs.
(3) Review and make recommendations concerning plans
submitted by the commission for higher education. The state
board may request the resubmission of plans or parts of plans that:
(A) are not consistent with the long range state plan of the
state board;
(B) are incompatible with other plans within the system; or
(C) duplicate existing services.
(4) Report to the general assembly on the state board's
conclusions and recommendations concerning interagency
cooperation, coordination, and articulation of career and technical
education and employment training. A report under this
subdivision must be in an electronic format under IC 5-14-6.
(5) Study and develop a plan concerning the transition between
secondary level career and technical education and postsecondary
level career and technical education.
(b) The state board shall use data from the department of workforce
development in carrying out the state board's duties under this section.
SECTION 242. IC 20-26-5-6, AS AMENDED BY P.L.56-2023,
SECTION 177, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 6. All powers delegated to the
governing body of a school corporation under section 1 or 4 of this
chapter are subject to all laws subjecting the school corporation to
regulation by a state agency, including the secretary of education, state
board of accounts, state police department, fire prevention and building
safety commission, department of homeland security, department of
local government finance, environmental rules board, state school bus
committee, Indiana department of health, and any local governmental
agency to which the state has been delegated a specific authority in
matters other than educational matters and other than finance,
including plan commissions, zoning boards, and boards concerned with
health and safety.
SECTION 243. IC 20-37-2-13, AS AMENDED BY P.L.168-2022,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 13. (a) As used in this section, "applicable high
school" means a high school at which all the students participate in a
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work based learning course (as defined in IC 20-43-8-0.7) or school
based enterprise.
(b) As used in this section, "primary use of the building" means an
occupancy classification that is:
(1) most closely related to the intended use of the building; and
(2) determined by the rules of the fire prevention and building
safety commission established by IC 22-12-2-1 department of
homeland security that apply to the building immediately
preceding the date that the applicable high school agrees to use
the building.
(c) Except as provided in subsection (d), an applicable high school
shall comply with all rules of the fire prevention and building safety
commission department of homeland security applicable to the
primary use of the building.
(d) The fire prevention and building commission department of
homeland security may grant a variance under IC 22-13-2-11 to the
rules applicable to the primary use of the building necessary to
implement this section.
SECTION 244. IC 21-7-13-6, AS AMENDED BY P.L.11-2023,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 6. (a) "Approved postsecondary educational
institution", for purposes of this title (except section 15 of this chapter
and IC 21-12-6) means the following:
(1) A postsecondary educational institution that operates in
Indiana and:
(A) provides an organized two (2) year or longer program of
collegiate grade directly creditable toward a baccalaureate
degree;
(B) is either operated by the state or operated nonprofit; and
(C) is accredited by a recognized regional accrediting agency,
including:
(i) Ancilla College;
(ii) Anderson University;
(iii) Bethel University;
(iv) Butler University;
(v) Calumet College of St. Joseph;
(vi) DePauw University;
(vii) Earlham College;
(viii) Franklin College;
(ix) Goshen College;
(x) Grace College and Seminary;
(xi) Hanover College;
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(xii) Holy Cross College;
(xiii) Huntington University;
(xiv) Indiana Institute of Technology;
(xv) Indiana Wesleyan University;
(xvi) Manchester University;
(xvii) Marian University;
(xviii) Martin University;
(xix) Oakland City University;
(xx) Rose-Hulman Institute of Technology;
(xxi) Saint Mary-of-the-Woods College;
(xxii) Saint Mary's College;
(xxiii) Taylor University;
(xxiv) Trine University;
(xxv) University of Evansville;
(xxvi) University of Indianapolis;
(xxvii) University of Notre Dame;
(xxviii) University of Saint Francis;
(xxix) Valparaiso University; and
(xxx) Wabash College;
or is accredited by the board for proprietary education
commission for higher education under IC 21-18.5-6 or an
accrediting agency recognized by the United States
Department of Education.
(2) Ivy Tech Community College.
(3) A hospital that operates a nursing diploma program that is
accredited by the Indiana state board of nursing.
(4) A postsecondary credit bearing proprietary educational
institution that meets the following requirements:
(A) Is incorporated in Indiana, or is registered as a foreign
corporation doing business in Indiana.
(B) Is fully accredited by and is in good standing with the
board for proprietary education commission for higher
education under IC 21-18.5-6.
(C) Is accredited by and is in good standing with a regional or
national accrediting agency.
(D) Offers a course of study that is at least eighteen (18)
consecutive months in duration (or an equivalent to be
determined by the board for proprietary education commission
for higher education under IC 21-18.5-6) and that leads to an
associate or a baccalaureate degree recognized by the board
for proprietary education commission for higher education
under IC 21-18.5-6.
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(E) Is certified by the board for proprietary education
commission for higher education as meeting the
requirements of this subdivision.
(5) A postsecondary SEI affiliated educational institution.
(b) "Approved postsecondary educational institution" for purposes
of section 15 of this chapter and IC 21-12-6, means the following:
(1) A state educational institution.
(2) A nonprofit college or university.
(3) A postsecondary credit bearing proprietary educational
institution that is accredited by an accrediting agency recognized
by the United States Department of Education.
(4) A postsecondary SEI affiliated educational institution.
SECTION 245. IC 21-7-13-26.5, AS ADDED BY P.L.217-2017,
SECTION 142, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 26.5. (a) "Postsecondary SEI
affiliated educational institution" means a degree granting and credit
bearing institution that:
(1) is organized as a public benefit corporation (as described in
IC 23-17-2-23) and controlled by a state educational institution;
(2) is authorized under procedures approved by the executive
officer of the commission under IC 21-18-12.4 to provide
instructional or educational services or training in Indiana using
onsite, online, or any combination of these or other instructional
modalities;
(3) is accredited by a recognized regional accrediting agency or
is seeking or progressing toward accreditation by a recognized
regional accrediting agency; and
(4) has its debts and liabilities backed by the controlling state
educational institution described in subdivision (1) in the form of
a contribution, bond, or other surety consisting solely of eligible
property (as defined in IC 21-27-10-4).
(b) The term does not include the following:
(1) A state educational institution.
(2) A postsecondary credit bearing proprietary educational
institution approved or regulated by the board for proprietary
education commission for higher education under IC 21-18.5-6.
(3) Any educational institution or educational training that:
(A) is maintained or provided by an employer or employers at
no charge for employees or potential employees;
(B) is maintained or provided by a labor organization at no
charge for its members or apprentices; or
(C) offers instruction that is exclusively focused on
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self-improvement or exclusively intended to be motivational
or avocational, including instruction in dance, music,
self-defense, and private tutoring.
(4) A public or nonprofit degree granting institution organized or
incorporated in a jurisdiction other than Indiana that offers
instructional or educational services or training in Indiana.
(5) A religious institution that offers educational instruction or an
educational program of a clearly religious nature.
SECTION 246. IC 21-9-4-1, AS AMENDED BY P.L.43-2021,
SECTION 139, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 1. (a) The board of directors of the
authority is established. The board consists of the following:
(1) The following four (4) ex officio members or directors:
(A) The treasurer of state.
(B) The secretary of education. The director of the Indiana
public retirement system.
(C) The Indiana commissioner for higher education.
(D) The budget director.
(2) Five (5) appointed members or directors who:
(A) are appointed by the governor; and
(B) who have knowledge, skill, and experience in academic,
business, financial, or education fields appointed as follows:
(A) One (1) member appointed by the governor.
(B) Two (2) members appointed by the president pro
tempore of the senate.
(C) Two (2) members appointed by the speaker of the
house of representatives.
A member appointed under clause (B) or (C) may not be a
member of the general assembly.
(b) During a member's term of service on the board, Except as
otherwise provided in this section, an appointed member of the board
may not be an official or employee of the state during the member's
term of service on the board.
(c) Not more than three (3) of the appointed members of the board
may belong to the same political party.
(d) (c) An appointed member serves a four (4) year term. An
appointed member shall hold over after the expiration of the member's
term until the member's successor is appointed and qualified. A
member may be appointed to successive terms.
(e) The governor may reappoint an appointed member of the board.
(f) (d) A vacancy shall be filled by the appropriate appointing
authority for the balance of an unexpired term in the same manner as
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the original appointment.
(g) (e) The treasurer of state shall serve as chairman of the board.
The board shall annually elect one (1) of its ex officio members as vice
chairman, and may elect any other officer that the board desires.
(h) (f) The governor appointing authority may remove an
appointed member for misfeasance, malfeasance, willful neglect of
duty, or other cause after notice and a public hearing, unless the
member expressly waives the notice and hearing in writing.
SECTION 247. IC 21-12-1-8, AS AMENDED BY P.L.157-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 8. "Eligible institution", for the purposes of:
(1) IC 21-12-6, refers to a postsecondary educational institution
that qualifies as an eligible institution under IC 21-12-6-4; and
(2) IC 21-12-8, refers to a postsecondary educational institution
that:
(A) operates in Indiana;
(B) is either operated by the state or operated nonprofit;
(C) operates an organized program of postsecondary education
leading to a technical certificate, nursing diploma, or associate
or baccalaureate degree; and
(D) is authorized by the department of workforce development
under IC 22-4.1-21 or accredited by:
(i) a recognized regional accrediting agency;
(ii) the board for proprietary education commission for
higher education under IC 21-18.5-6; or
(iii) the Indiana state board of nursing.
SECTION 248. IC 21-12-4-2, AS AMENDED BY P.L.281-2013,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. A person is eligible for a freedom of choice
grant if:
(1) the person is qualified for a higher education award under the
terms of IC 21-12-3-1, IC 21-12-3-2, and IC 21-12-3-3 or
IC 21-12-3-4, even if lack of funds prevents the award or grant;
(2) for a freedom of choice grant awarded before September 1,
2014, the person has a financial need that exceeds the award, as
determined in accordance with:
(A) this chapter, IC 21-18.5-4, IC 21-12-2, and IC 21-12-3;
and
(B) the rules of the commission; and
(3) the person will attend an approved postsecondary educational
institution that:
(A) either:
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(i) operates in Indiana, provides an organized two (2) year or
longer program of collegiate grade directly creditable toward
a baccalaureate degree, is operated by a nonprofit entity, and
is accredited by a recognized regional accrediting agency or
the board for proprietary education commission for higher
education under IC 21-18.5-6; or
(ii) is a hospital that operates a nursing diploma program
that is accredited by the Indiana state board of nursing; and
(B) is operated privately and not administered or controlled by
any state agency or entity.
SECTION 249. IC 21-12-6-4, AS AMENDED BY P.L.107-2012,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 4. A scholarship recipient may apply a scholarship
under this chapter to the educational costs of a postsecondary
educational institution only if the postsecondary educational institution
qualifies under this section. For a postsecondary educational institution
to qualify under this section, the postsecondary educational institution
must satisfy the following requirements:
(1) Be an approved postsecondary educational institution.
(2) Be accredited by an agency that is recognized by the Secretary
of the United States Department of Education.
(3) Operate an organized program of postsecondary education
leading to an associate or a baccalaureate degree on a campus
located in Indiana.
(4) Be approved by the commission:
(A) under rules adopted under IC 4-22-2; and
(B) in consultation with the board for proprietary education
established by IC 21-18.5-5-1, commission for higher
education, if appropriate.
SECTION 250. IC 21-13-6-7, AS ADDED BY P.L.170-2009,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 7. The medical graduate and education board
shall annually make available to the commission the most recent
information concerning the number of primary care physicians who are
serving as medical residents in Indiana.
SECTION 251. IC 21-13-6.5-3, AS ADDED BY P.L.190-2015,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 3. The medical graduate and education board
shall annually make available to the commission the most recent
information concerning the number of current residency program slots
in Indiana.
SECTION 252. IC 21-16-4-7, AS AMENDED BY P.L.152-2018,
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SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 7. The commission may remove an eligible
institution's qualified status upon finding, after reasonable notice and
hearing, that the eligible institution fails to meet the standards
established by the commission. The commission may direct the
department of workforce development or the board for proprietary
education to review a school under its jurisdiction, or a comparable
school outside Indiana that is an eligible institution under this chapter.
The commission may use the results of the review to determine
whether to remove an eligible institution's qualified status.
SECTION 253. IC 21-18-1-5 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 5. "Nominating committee" refers to the nominating
committee established under IC 21-18-3-4.
SECTION 254. IC 21-18-3-3 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 3. The governor shall appoint the student member
and the full-time faculty member of the commission from a list that:
(1) contains at least three (3) names but not more than five (5)
names for each appointment; and
(2) is submitted by a nominating committee.
SECTION 255. IC 21-18-3-4 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 4. The chairperson of the commission shall appoint
a seven (7) member student member nominating committee comprised
of students from state educational institutions, with not more than one
(1) student from any one (1) state educational institution.
SECTION 256. IC 21-18-3-4.5 IS REPEALED [EFFECTIVE
UPON PASSAGE]. Sec. 4.5. The chairperson of the commission shall
appoint a seven (7) member faculty member nominating committee
comprised of seven (7) full-time faculty members from state
educational institutions, with not more than one (1) faculty member
from any one (1) state educational institution.
SECTION 257. IC 21-18-6-1, AS AMENDED BY P.L.213-2025,
SECTION 245, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 1. The general purposes of the
commission are the following:
(1) Plan for and coordinate Indiana's state supported system of
postsecondary education.
(2) Review appropriation requests of state educational
institutions.
(3) Make recommendations to the governor, budget agency, or the
general assembly concerning postsecondary education.
(4) Perform other functions assigned by the governor or the
general assembly.
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(5) Administer state financial aid programs under IC 21-18.5-4.
(6) Provide staff and office space for the board for proprietary
education established by IC 21-18.5-5-1.
SECTION 258. IC 21-18-12-1, AS AMENDED BY P.L.92-2020,
SECTION 106, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 1. (a) The Indiana e-transcript
program is created to allow students at all state accredited high schools
accredited under IC 20-31-4.1 located in Indiana to request that the
student's school transcripts be transmitted electronically to state
educational institutions, participating Indiana not-for-profit or privately
endowed institutions, and participating Indiana institutions authorized
by the board for proprietary education established by IC 21-18.5-5-1.
commission for higher education.
(b) The commission shall administer the program.
(c) Beginning July 1, 2013, the department of education established
by IC 20-19-3-1, in collaboration with the state educational institutions
and the commission, shall develop a common electronic transcript,
using common data fields and formats that are required by state
educational institutions.
(d) Not later than July 1, 2015, all public secondary schools shall
use the common electronic transcript developed by the department of
education.
(e) The governing body of a state accredited nonpublic secondary
school may elect to use the common electronic transcript developed by
the department of education.
SECTION 259. IC 21-18.5-1-3, AS AMENDED BY P.L.152-2018,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 3. Any reference to the Indiana commission for
postsecondary proprietary education or the Indiana commission on
proprietary education in any statute or rule shall be treated:
(1) after June 30, 2012, as a reference to the board for proprietary
education established by IC 21-18.5-5-1 (before its repeal) if the
reference pertains to a postsecondary credit bearing proprietary
educational institution; or
(2) if the reference pertains to a postsecondary proprietary
educational institution (as defined in IC 22-4.1-21-9):
(A) after June 30, 2012, and before July 1, 2016, as a reference
to the state workforce innovation council established by
IC 22-4.1-22-3 (before its repeal); or
(B) after June 30, 2016, as a reference to the department of
workforce development established by IC 22-4.1-2-1.
SECTION 260. IC 21-18.5-1-4, AS AMENDED BY P.L.152-2018,
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SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 4. (a) Changes made by P.L.218-1987 do not
affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before July 1, 1987. These rights, liabilities, penalties, crimes, and
proceedings continue and shall be imposed and enforced under prior
law as if P.L.218-1987 had not been enacted.
(b) The abolishment of the Indiana commission on proprietary
education on July 1, 2012, by P.L.107-2012 does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before July 1, 2012, that pertain to a postsecondary credit bearing
proprietary educational institution. These rights, liabilities, penalties,
crimes, and proceedings continue and shall be imposed and enforced
by the board for proprietary education established by IC 21-18.5-5-1
(before its repeal).
(c) The abolishment of the Indiana commission on proprietary
education on July 1, 2012, by P.L.107-2012 does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before July 1, 2012, that pertain to a postsecondary proprietary
educational institution (as defined in IC 22-4.1-21-9). After June 30,
2012, and before July 1, 2016, these rights, liabilities, penalties, crimes,
and proceedings continue and shall be imposed and enforced by the
state workforce innovation council established under IC 22-4.1-22-3
(before its repeal). After June 30, 2016, these rights, liabilities,
penalties, crimes, and proceedings continue and shall be imposed and
enforced by the department of workforce development established by
IC 22-4.1-2-1.
SECTION 261. IC 21-18.5-1-5, AS AMENDED BY P.L.152-2018,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 5. (a) The Indiana commission on proprietary
education is abolished on July 1, 2012.
(b) Unless otherwise specified in a memorandum of understanding
described in subsection (e), the following are transferred on July 1,
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2012, from the Indiana commission on proprietary education to the
commission for higher education established by IC 21-18-2-1:
(1) All real and personal property of the Indiana commission on
proprietary education.
(2) All assets and liabilities of the Indiana commission on
proprietary education.
(3) All appropriations to the Indiana commission on proprietary
education.
(c) All powers and duties of the Indiana commission on proprietary
education before its abolishment pertaining to the accreditation of a
postsecondary credit bearing proprietary educational institution are
transferred to the board for proprietary education established by
IC 21-18.5-5-1 (before its repeal).
(d) All powers and duties of the Indiana commission on proprietary
education before its abolishment pertaining to the accreditation of a
postsecondary proprietary educational institution (as defined in
IC 22-4.1-21-9) are transferred to the state workforce innovation
council established by IC 22-4.1-22-3 (before its repeal). After June 30,
2016, all powers and duties transferred to the state workforce
innovation council by this subsection are transferred to the department
of workforce development established by IC 22-4.1-2-1.
(e) The commission for higher education established by
IC 21-18-2-1 may enter into a memorandum of understanding with the
state workforce innovation council established by IC 22-4.1-22-3
(before its repeal) to implement the transition of the responsibilities
and obligations of the Indiana commission on proprietary education
before its abolishment to the commission for higher education and the
state workforce innovation council. After June 30, 2016, the rights,
powers, duties, and obligations of the state workforce innovation
council under a memorandum of understanding entered into by the
state workforce innovation council under this subsection are transferred
to the department of workforce development established by
IC 22-4.1-2-1.
(f) Rules that were adopted by the Indiana commission on
proprietary education before July 1, 2012, shall be treated as though the
rules were adopted by the state workforce innovation council
established by IC 22-4.1-22-3 (before its repeal) until the state
workforce innovation council or the department of workforce
development adopts rules under IC 4-22-2 to implement IC 22-4.1-21.
Rules that were adopted by the state workforce innovation council after
June 30, 2012, and before July 1, 2016, to implement IC 22-4.1-21
shall be treated as though the rules were adopted by the department of
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workforce development until the department of workforce development
adopts rules under IC 4-22-2 to implement IC 22-4.1-21.
(g) An accreditation granted or a permit issued under IC 21-17-3
(repealed) by the Indiana commission on proprietary education before
July 1, 2012, shall be treated after June 30, 2012, as an authorization
granted by the:
(1) board for proprietary education established by IC 21-18.5-5-1
(before its repeal) if the accreditation pertains to a postsecondary
credit bearing proprietary educational institution (as defined in
IC 21-18.5-2-12); or
(2) department of workforce development if the accreditation
pertains to a postsecondary proprietary educational institution (as
defined in IC 22-4.1-21-9).
(h) An accreditation granted or a permit issued before May 15,
2013, under IC 21-17-3 (repealed):
(1) by the board for proprietary education established by
IC 21-18.5-5-1 (before its repeal) shall be treated as an
authorization granted by the board for proprietary education
(before its repeal); and
(2) by the state workforce innovation council shall be treated as
an authorization granted by the department of workforce
development.
(i) Proceedings pending before the Indiana commission on
proprietary education on July 1, 2012, shall be transferred from the
Indiana commission on proprietary education to:
(1) the board for proprietary education established by
IC 21-18.5-5-1 (before its repeal) for a proceeding pertaining to
a postsecondary credit bearing proprietary educational institution
(as defined in IC 21-18.5-2-12); or
(2) the state workforce innovation council if the proceeding
pertains to a postsecondary proprietary educational institution (as
defined in IC 22-4.1-21-9).
(j) Proceedings that pertain to a postsecondary proprietary
educational institution (as defined in IC 22-4.1-21-9) pending before
the state workforce innovation council on July 1, 2012, shall be
transferred from the state workforce innovation council to the
department of workforce development established by IC 22-4.1-2-1.
SECTION 262. IC 21-18.5-1-7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 7. All of the rights, duties,
obligations, and responsibilities transferred from the Indiana
commission on proprietary education to the board for proprietary
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education established by IC 21-18.5-5-1 (before its repeal) under
this chapter are transferred to the commission for higher
education, including the following:
(1) The rights, liabilities, penalties, crimes, and proceedings
described in section 4(b) of this chapter continue and are
imposed and enforced by the commission for higher
education.
(2) The powers and duties described in section 5(c) of this
chapter are transferred to the commission for higher
education.
(3) An accreditation granted or a permit issued as described
in sections 5(g) of this chapter is treated as an authorization
by the commission for higher education.
(4) Any proceedings pending as described in section 5(i) of this
chapter are transferred to the commission for higher
education.
SECTION 263. IC 21-18.5-2-5, AS AMENDED BY P.L.273-2013,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 5. "Application", for purposes of IC 21-18.5-6,
means a written request for authorization on forms supplied by the
board for proprietary education. commission for higher education.
SECTION 264. IC 21-18.5-2-5.5, AS ADDED BY P.L.273-2013,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 5.5. "Authorization", for purposes of IC 21-18.5-6,
means certification of a status of approval or authorization by the board
for proprietary education commission for higher education to conduct
business as a postsecondary credit bearing proprietary educational
institution.
SECTION 265. IC 21-18.5-2-12, AS AMENDED BY P.L.273-2013,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 12. (a) "Postsecondary credit bearing proprietary
educational institution" means a degree granting and credit bearing
institution that provides instructional or educational services or
training, whether onsite, online, or through any combination of these
or other instructional modalities, and is accredited by an accrediting
agency recognized by the United States Department of Education or is
seeking and progressing toward accreditation by an accrediting agency
recognized by the United States Department of Education.
(b) The term does not include the following:
(1) An Indiana state educational institution or another Indiana
educational institution established by law and financed in whole
or in part by public funds.
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(2) A postsecondary proprietary educational institution approved
or regulated by any other state regulatory board, agency, or
commission other than the board for proprietary education.
commission for higher education.
(3) An elementary or secondary school attended by students in
kindergarten or grades 1 through 12 and supported in whole or in
part by private tuition payments.
(4) Any educational institution or educational training that:
(A) is maintained or given by an employer or a group of
employers, without charge, for employees or for individuals
the employer anticipates employing;
(B) is maintained or given by a labor organization, without
charge, for its members or apprentices;
(C) offers exclusively instruction that is clearly
self-improvement, motivational, or avocational in intent
(including instruction in dance, music, or self-defense, and
private tutoring); or
(D) is a Montessori or nursery school.
(5) A privately endowed two (2) or four (4) year degree granting
institution that is regionally accredited and whose principal
campus is located in Indiana.
(6) Out-of-state public and nonprofit degree granting institutions
offering instructional or educational services or training in
Indiana.
(7) A religious institution that offers educational instruction or an
educational program of a clearly religious nature.
SECTION 266. IC 21-18.5-4-11 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 11. The commission may cooperate in developing
training programs concerning grant program requirements with the
board for proprietary education.
SECTION 267. IC 21-18.5-5-1 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 1. The board for proprietary education is established.
SECTION 268. IC 21-18.5-5-2 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 2. (a) The board for proprietary education consists of the
following seven (7) members:
(1) The secretary of education or the secretary's designee.
(2) The executive officer of the commission for higher education
or the executive officer's designee.
(3) Five (5) members appointed by the governor.
(b) The members appointed by the governor under subsection (a)
serve for a term of four (4) years.
(c) Not more than three (3) of the members appointed by the
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governor may be members of the same political party.
(d) Of the five (5) members appointed by the governor:
(1) one (1) must have been engaged for a period of at least five
(5) years immediately preceding appointment in an executive or
a managerial position in a postsecondary proprietary educational
institution subject to IC 21-18.5-6;
(2) one (1) must have been engaged in administering or managing
an industrial employee training program for a period of at least
five (5) years immediately preceding appointment; and
(3) three (3) must be representatives of the public at large who are
not representatives of the types of postsecondary credit bearing
proprietary educational institutions to be authorized.
For purposes of subdivision (3), an elected or appointed state or local
official or a member of a private or public school may not be appointed
as a representative of the public at large.
(e) An appointment to fill a vacancy occurring on the board for
proprietary education is for the unexpired term.
SECTION 269. IC 21-18.5-5-3 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 3. (a) A member of the board for proprietary education
who is not a state employee is entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b). The member is also entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(b) Each member of the board for proprietary education who is a
state employee is entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually incurred in
connection with the member's duties as provided in the state policies
and procedures established by the Indiana department of administration
and approved by the budget agency.
SECTION 270. IC 21-18.5-5-4 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 4. (a) The board for proprietary education may select
officers from the board for proprietary education's membership as the
board for proprietary education considers necessary.
(b) The board for proprietary education may adopt reasonable rules
under IC 4-22-2 to implement this chapter and IC 21-18.5-6.
(c) The board for proprietary education:
(1) may meet as necessary upon call of the chairperson; and
(2) shall meet at least four (4) times a year.
SECTION 271. IC 21-18.5-5-5 IS REPEALED [EFFECTIVE JULY
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1, 2027]. Sec. 5. An associate commissioner of the commission (as
defined in IC 21-18.5-2-7) shall serve as the executive director of the
board for proprietary education.
SECTION 272. IC 21-18.5-5-6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 6. (a) The following are
transferred on July 1, 2027, from the board for proprietary
education to the commission for higher education:
(1) All real and personal property of the board for
proprietary education.
(2) All powers, duties, assets, and liabilities of the board for
proprietary education.
(3) All appropriations to the board for proprietary education.
(b) All rules or policies that were adopted by the board for
proprietary education before July 1, 2027, are treated as though
the rules were adopted by the commission for higher education.
(c) After June 30, 2027, a reference to the board for proprietary
education in a statute or a rule is treated as a reference to the
commission for higher education.
SECTION 273. IC 21-18.5-6-2, AS AMENDED BY P.L.273-2013,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. A person may not do business as a
postsecondary credit bearing proprietary educational institution in
Indiana without having obtained authorization by the board for
proprietary education commission for higher education under this
chapter, except for a religious institution that offers educational
instruction or an educational program of a clearly religious nature.
SECTION 274. IC 21-18.5-6-3, AS AMENDED BY P.L.273-2013,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 3. Applications for authorization under this
chapter must be filed with the board for proprietary education
commission for higher education and accompanied by an application
fee of at least one hundred dollars ($100) for processing the application
and evaluating the postsecondary credit bearing proprietary educational
institution.
SECTION 275. IC 21-18.5-6-5, AS AMENDED BY P.L.273-2013,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 5. The board for proprietary education
commission for higher education shall require each postsecondary
credit bearing proprietary educational institution to include in each
curriculum catalog and promotional brochure the following:
(1) A statement indicating that the postsecondary credit bearing
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proprietary educational institution is authorized by the board for
proprietary education commission for higher education under
this chapter.
(2) The board for proprietary education's commission for higher
education's mailing address and telephone number.
SECTION 276. IC 21-18.5-6-6, AS AMENDED BY P.L.273-2013,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 6. (a) The career college student assurance fund
is established to provide indemnification to a student or an enrollee of
a postsecondary credit bearing proprietary educational institution who
suffers loss or damage as a result of:
(1) the failure or neglect of the postsecondary credit bearing
proprietary educational institution to faithfully perform all
agreements, express or otherwise, with the student, enrollee, one
(1) or both of the parents of the student or enrollee, or a guardian
of the student or enrollee as represented by the application for the
institution's authorization and the materials submitted in support
of that application;
(2) the failure or neglect of the postsecondary credit bearing
proprietary educational institution to maintain and operate a
course or courses of instruction or study in compliance with the
standards of this chapter; or
(3) an agent's misrepresentation in procuring the student's
enrollment.
(b) The board for proprietary education commission for higher
education shall administer the fund.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(e) Money in the fund at the end of a state fiscal year does not revert
to the state general fund but remains available to be used for providing
money for reimbursements allowed under this chapter.
(f) Upon the fund acquiring fifty thousand dollars ($50,000), the
balance in the fund must not become less than fifty thousand dollars
($50,000). If:
(1) a claim against the fund is filed that would, if paid in full,
require the balance of the fund to become less than fifty thousand
dollars ($50,000); and
(2) the board for proprietary education commission for higher
education determines that the student is eligible for a
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reimbursement under the fund;
the board for proprietary education commission for higher education
shall prorate the amount of the reimbursement to ensure that the
balance of the fund does not become less than fifty thousand dollars
($50,000), and the student is entitled to receive that balance of the
student's claim from the fund as money becomes available in the fund
from contributions to the fund required under this chapter.
(g) The board for proprietary education commission for higher
education shall ensure that all outstanding claim amounts described in
subsection (f) are paid as money in the fund becomes available in the
chronological order of the outstanding claims.
(h) A claim against the fund may not be construed to be a debt of the
state.
SECTION 277. IC 21-18.5-6-7, AS ADDED BY P.L.107-2012,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 7. (a) Except as otherwise provided in this section,
each postsecondary credit bearing proprietary educational institution
shall make quarterly contributions to the fund. The quarters begin
January 1, April 1, July 1, and October 1.
(b) For each quarter, each postsecondary credit bearing proprietary
educational institution shall make a contribution equal to the STEP
THREE amount derived under the following formula:
STEP ONE: Determine the total amount of tuition and fees earned
during the quarter.
STEP TWO: Multiply the STEP ONE amount by one-tenth of one
percent (0.1%).
STEP THREE: Add the STEP TWO amount and sixty dollars
($60).
(c) After June 30, 2012, upon the career college student assurance
fund achieving at least an initial balance of five hundred thousand
dollars ($500,000), a postsecondary credit bearing proprietary
educational institution that contributes to the career college student
assurance fund when the initial quarterly contribution is required under
this chapter after the fund's establishment is not required to make
contributions to the fund.
(d) The board for proprietary education commission for higher
education shall determine the number of quarterly contributions
required for the career college student assurance fund to initially
accumulate five hundred thousand dollars ($500,000).
(e) Except as provided in subsections (a), (b), and (f), a
postsecondary credit bearing proprietary educational institution that
begins making contributions to the career college student assurance
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fund after the initial quarterly contribution as required under this
section shall make contributions to the fund for the same number of
quarters as determined by the board for proprietary education
commission for higher education under subsection (d).
(f) If, after a career college student assurance fund acquires five
hundred thousand dollars ($500,000), the balance in the fund becomes
less than two hundred fifty thousand dollars ($250,000), all
postsecondary credit bearing proprietary educational institutions not
required to make contributions to the career college student assurance
fund as described in subsection (c) or (e) shall make contributions to
the career college student assurance fund for the number of quarters
necessary for the fund to accumulate five hundred thousand dollars
($500,000).
SECTION 278. IC 21-18.5-6-8, AS AMENDED BY P.L.273-2013,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 8. (a) Upon receipt of an application for
authorization under this chapter, the board for proprietary education
commission for higher education shall make an investigation to
determine the accuracy of the statements in the application to
determine if the postsecondary credit bearing proprietary educational
institution meets the minimum standards for authorization.
(b) During the investigation under subsection (a), the board for
proprietary education commission for higher education may grant a
temporary status of authorization. The temporary status of authorization
is sufficient to meet the requirements of this chapter until a
determination on authorization is made.
SECTION 279. IC 21-18.5-6-10, AS AMENDED BY P.L.9-2021,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 10. (a) A postsecondary credit bearing proprietary
educational institution shall maintain at least the following records for
each student:
(1) The program in which the student enrolls.
(2) The length of the program.
(3) The date of the student's initial enrollment in the program.
(4) A transcript of the student's academic progress.
(5) The amount of the student's tuition and fees.
(6) A copy of the enrollment agreement.
(b) Upon the request of the board for proprietary education,
commission for higher education, a postsecondary credit bearing
proprietary educational institution shall submit the records described
in subsection (a) to the board for proprietary education. commission
for higher education.
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(c) If a postsecondary credit bearing proprietary educational
institution ceases operation, the postsecondary credit bearing
proprietary educational institution shall submit the records described
in subsection (a) to the Indiana archives and records administration not
later than thirty (30) days after the institution ceases to operate,
regardless of any outstanding debts owed to the institution.
SECTION 280. IC 21-18.5-6-11, AS AMENDED BY P.L.273-2013,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 11. Full authorization under this chapter may not
be issued unless and until the board for proprietary education
commission for higher education finds that the postsecondary credit
bearing proprietary educational institution meets minimum standards
that are appropriate to that type or class of postsecondary credit bearing
proprietary educational institution, including the following minimum
standards:
(1) The postsecondary credit bearing proprietary educational
institution has a sound financial structure with sufficient
resources for continued support.
(2) The postsecondary credit bearing proprietary educational
institution has satisfactory training or educational facilities with
sufficient tools, supplies, or equipment and the necessary number
of work stations or classrooms to adequately train, instruct, or
educate the number of students enrolled or proposed to be
enrolled.
(3) The postsecondary credit bearing proprietary educational
institution has an adequate number of qualified instructors or
teachers, sufficiently trained by experience or education, to give
the instruction, education, or training contemplated.
(4) The advertising and representations made on behalf of the
postsecondary credit bearing proprietary educational institution
to prospective students are truthful and free from
misrepresentation or fraud.
(5) The charge made for the training, instruction, or education is
clearly stated and based upon the services rendered.
(6) The premises and conditions under which the students work
and study are sanitary, healthful, and safe according to modern
standards.
(7) The postsecondary credit bearing proprietary educational
institution has and follows a refund policy approved by the board
for proprietary education. commission for higher education.
(8) The owner or chief administrator of the postsecondary credit
bearing proprietary educational institution is subject to a
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background check by the board for proprietary education
commission for higher education and has not been convicted of
a felony.
(9) The owner or chief administrator of the postsecondary credit
bearing proprietary educational institution has not been the owner
or chief administrator of a postsecondary credit bearing
proprietary educational institution that has had its authorization
revoked or has been closed involuntarily in the five (5) year
period preceding the application for authorization. However, if
the owner or chief administrator of the postsecondary credit
bearing proprietary educational institution has been the owner or
chief administrator of a postsecondary credit bearing proprietary
educational institution that has had its authorization revoked or
has been closed involuntarily more than five (5) years before the
application for authorization, the board for proprietary education
commission for higher education may issue full authorization at
the board for proprietary education's discretion.
SECTION 281. IC 21-18.5-6-12, AS AMENDED BY P.L.273-2013,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 12. (a) After an investigation and a finding that
the information in the application is true and that the postsecondary
credit bearing proprietary educational institution meets the minimum
standards, the board for proprietary education commission for higher
education shall issue an authorization to the postsecondary credit
bearing proprietary educational institution upon payment of an
additional fee of at least twenty-five dollars ($25). An applicant's
market research may not be considered or required by the board for
proprietary education commission for higher education as a condition
for authorizing or renewing the accreditation of or for authorization of
the programs of a postsecondary credit bearing proprietary educational
institution.
(b) The board for proprietary education commission for higher
education may waive inspection of a postsecondary credit bearing
proprietary educational institution that has been authorized by an
accrediting agency recognized by the United States Department of
Education whose standards are approved by the board for proprietary
education commission for higher education as meeting or exceeding
the requirements of this chapter.
(c) A valid license, authorization to operate, or other form of
authorization issued to a postsecondary credit bearing proprietary
educational institution by another state may be accepted, instead of
inspection, if:
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(1) the requirements of that state meet or exceed the requirements
of this chapter; and
(2) the other state will, in turn, extend reciprocity to
postsecondary credit bearing proprietary educational institutions
authorized by the board for proprietary education. commission
for higher education.
(d) The board for proprietary education commission for higher
education may join interstate reciprocity agreements and authorize an
institution to operate in Indiana, if the:
(1) institution; and
(2) state in which both the institution's:
(A) principal campus is located; and
(B) institutional accreditation is provided;
are members of the interstate reciprocity agreement.
(e) An authorization issued under this section expires one (1) year
following the authorization's issuance.
(f) An authorized postsecondary credit bearing proprietary
educational institution may renew the institution's authorization
annually upon:
(1) the payment of a fee of at least twenty-five dollars ($25); and
(2) continued compliance with this chapter.
SECTION 282. IC 21-18.5-6-13, AS AMENDED BY P.L.273-2013,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 13. Authorization may be revoked by the board for
proprietary education: commission for higher education:
(1) for cause upon notice and an opportunity for a hearing before
the board for proprietary education; commission for higher
education; and
(2) for the authorized postsecondary credit bearing proprietary
educational institution failing to make the appropriate quarterly
contributions to the career college student assurance fund not
later than forty-five (45) days after the end of a quarter.
SECTION 283. IC 21-18.5-6-14, AS AMENDED BY P.L.273-2013,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 14. (a) A postsecondary credit bearing proprietary
educational institution, after notification that the institution's
authorization has been refused, revoked, or suspended, may apply for
a hearing before the board for proprietary education commission for
higher education concerning the institution's qualifications. The
application for a hearing must be filed in writing with the board for
proprietary education commission for higher education not more than
thirty (30) days after receipt of notice of the denial, revocation, or
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suspension.
(b) The board for proprietary education commission for higher
education shall give a hearing promptly and with not less than ten (10)
days notice of the date, time, and place. The postsecondary credit
bearing proprietary educational institution is entitled to be represented
by counsel and to offer oral and documentary evidence relevant to the
issue.
(c) Not more than fifteen (15) days after a hearing, the board for
proprietary education commission for higher education shall make
written findings of fact, a written decision, and a written order based
solely on the evidence submitted at the hearing, either granting or
denying authorization to the postsecondary credit bearing proprietary
educational institution.
SECTION 284. IC 21-18.5-6-20, AS AMENDED BY P.L.13-2013,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 20. (a) This section applies to claims against the
balance of the career college student assurance fund.
(b) A student or enrollee of a postsecondary credit bearing
proprietary educational institution who believes that the student or
enrollee has suffered loss or damage resulting from any of the
occurrences described in section 6(a) of this chapter may file a claim
with the board for proprietary education commission for higher
education against the balance of the fund.
(c) A claim under this section is limited to a refund of the claimant's
applicable tuition and fees.
(d) All claims must be filed not later than five (5) years after the
occurrence resulting in the loss or damage to the claimant occurs.
(e) Upon the filing of a claim under this section, the board for
proprietary education commission for higher education shall review
the records submitted by the appropriate postsecondary credit bearing
proprietary educational institution described under section 12 of this
chapter and shall investigate the claim.
(f) Upon a determination by the board for proprietary education
commission for higher education that a claimant shall be reimbursed
under the career college student assurance fund, the board for
proprietary education commission for higher education shall
prioritize the reimbursements under the following guidelines:
(1) A student's educational loan balances.
(2) Federal grant repayment obligations of the student.
(3) Other expenses paid directly by the student.
SECTION 285. IC 21-18.5-6-23, AS ADDED BY P.L.107-2012,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2027]: Sec. 23. The prosecuting attorney of the county in
which an offense under this chapter occurred shall, at the request of the
board for proprietary education commission for higher education or
on the prosecuting attorney's own motion, bring any appropriate action,
including a mandatory and prohibitive injunction.
SECTION 286. IC 21-18.5-6-24, AS AMENDED BY P.L.273-2013,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 24. An action of the board for proprietary
education commission for higher education concerning the issuance,
denial, or revocation of an authorization under this chapter is subject
to review under IC 4-21.5.
SECTION 287. IC 21-18.5-6-26, AS AMENDED BY P.L.273-2013,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 26. (a) As used in this section, "fund" means the
postsecondary credit bearing proprietary educational institution
authorization fund established by subsection (b).
(b) The postsecondary credit bearing proprietary educational
institution authorization fund is established.
(c) The fund shall be administered by the commission (as defined
in IC 21-18.5-2-7.).
(d) Money in the fund at the end of a state fiscal year does not revert
to the general fund.
(e) All fees collected by the board for proprietary education
commission for higher education under this chapter shall be
deposited in the fund.
(f) Money in the fund shall be used by the board for proprietary
education commission for higher education to administer this
chapter.
SECTION 288. IC 21-18.5-6-27, AS ADDED BY P.L.107-2012,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 27. The board for proprietary education
commission for higher education may adopt rules under IC 4-22-2 to
implement this chapter.
SECTION 289. IC 21-38-1-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 1.5. "Commission" refers to the
commission for higher education of the state of Indiana established
by IC 21-18-2.
SECTION 290. IC 21-38-1-3 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 3. "Council" refers to the Indiana excellence in teaching
council.
SECTION 291. IC 21-38-8-1 IS REPEALED [EFFECTIVE JULY
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1, 2027]. Sec. 1. The Indiana excellence in teaching council is
established. The council consists of nine (9) members as follows:
(1) One (1) representative of the commission for higher
education.
(2) One (1) representative of the budget agency.
(3) One (1) representative from each state educational institution.
SECTION 292. IC 21-38-8-2, AS AMENDED BY P.L.234-2007,
SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. (a) The Indiana excellence in teaching
endowment is established to provide state educational institutions with
grants to match interest income generated by an endowment to attract
and retain distinguished teachers. The fund shall be administered by
the council. commission.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet obligations of the fund in the same manner as
other public funds may be invested.
(d) Money in the fund at the end of the state fiscal year does not
revert to the state general fund but remains available to be used for
providing money for grants as allowed under this chapter.
SECTION 293. IC 21-38-8-4, AS ADDED BY P.L.2-2007,
SECTION 279, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 4. A state educational institution
must apply for a matching grant in the manner prescribed by the
council. commission.
SECTION 294. IC 21-38-8-5, AS ADDED BY P.L.2-2007,
SECTION 279, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 5. When determining a
distinguished teacher's prominence, the council commission shall
consider the following criteria when distributing endowment funds:
(1) Evidence of excellent teaching ability.
(2) Distinguished accomplishments.
(3) Either:
(A) productive scholarship; or
(B) artistic achievement and superior talent.
The council commission may consider any other criteria for
distributing endowment funds that the council commission determines
appropriate.
SECTION 295. IC 21-38-8-6, AS ADDED BY P.L.2-2007,
SECTION 279, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 6. (a) The council commission
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shall approve or disapprove a matching grant application within sixty
(60) days after the application is received by the council. commission.
(b) The council commission may approve a grant application with
an amount that is the same or less than the amount requested by the
state educational institution.
SECTION 296. IC 21-38-8-7, AS ADDED BY P.L.2-2007,
SECTION 279, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 7. (a) Each matching grant from the
fund is intended to be used to supplement, and may not be used instead
of, a distinguished teacher's regular annual salary.
(b) The council commission may not approve a matching grant from
the fund that exceeds income generated from the endowment of the
institution.
SECTION 297. IC 21-38-8-8 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 8. Staff for the council shall be provided by the
commission for higher education.
SECTION 298. IC 21-38-8-10 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 10. The council may:
(1) develop guidelines; and
(2) adopt rules under IC 4-22-2;
to administer the fund and this chapter.
SECTION 299. IC 21-44-1-3, AS AMENDED BY P.L.190-2015,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 3. (a) "Board", for purposes of IC 21-44-5 and
IC 21-44-7, refers to the medical graduate and education board
established by IC 21-44-5-1.
(b) "Board", for purposes of IC 21-44-6, refers to the mental health
and addiction services development programs board established by
IC 21-44-6-1.
(c) "Board", for purposes of IC 21-44-7, refers to the graduate
medical education board established by IC 21-44-7-2.
SECTION 300. IC 21-44-1-12, AS AMENDED BY P.L.170-2009,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 12. "Intern, residency, and graduate program", for
purposes of IC 21-44-5, refers to an intern, residency, and graduate
program for which the medical graduate and education board
establishes policies under IC 21-44-5.
SECTION 301. IC 21-44-5-1, AS ADDED BY P.L.2-2007,
SECTION 285, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 1. There is established a medical
graduate and education board. consisting of seven (7) persons.
SECTION 302. IC 21-44-5-2 IS REPEALED [EFFECTIVE JULY
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1, 2027]. Sec. 2. (a) The board consists of the following members:
(1) The dean of the Indiana University School of Medicine, who
serves as an ex officio member of the board. The dean of the
Indiana University School of Medicine shall serve as the
chairman of the board.
(2) The commissioner of the Indiana department of health, who
serves as an ex officio member of the board.
(3) Five (5) members appointed by the governor as follows:
(A) One (1) member appointed by the governor who is a
director of medical education of an Indiana hospital not owned
or operated by Indiana University.
(B) One (1) member who:
(i) is a hospital administrator in a hospital not owned or
operated by Indiana University; and
(ii) is not the hospital administrator for the hospital that
employs the member appointed under clause (A).
(C) One (1) member who:
(i) is a citizen of Indiana; and
(ii) is not a physician and not a hospital administrator.
(D) Two (2) members who are physicians holding unlimited
licenses to practice medicine in Indiana. The two (2)
physicians appointed under this subdivision may not be
directors of medical education. One (1) of the members
appointed under this subdivision must practice in the specialty
of family practice.
(b) The terms of the five (5) members appointed to the board by the
governor are for three (3) years beginning January 1 of the year of
appointment and continuing until the member's successor is appointed
and qualified. If a membership on the board becomes vacant before the
expiration of the term, the governor shall appoint a replacement with
the same representative status to fill the unexpired term.
SECTION 303. IC 21-44-5-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 2.5. (a) This section applies after
June 30, 2027.
(b) The board consists of the following fourteen (14) members:
(1) The dean of the Indiana University School of Medicine.
(2) The following thirteen (13) members appointed by the
governor:
(A) One (1) member representing a regional medical school
campus of the Indiana University School of Medicine.
(B) One (1) member representing the Marian University
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College of Osteopathic Medicine.
(C) One (1) member representing the Indiana state medical
association.
(D) One (1) member representing the Indiana osteopathic
medical association.
(E) One (1) member representing the Indiana primary
health care association.
(F) One (1) member representing a teaching hospital that
is a member of the Indiana hospital association.
(G) One (1) member representing a nonteaching hospital
that is a member of the Indiana hospital association.
(H) Two (2) members who are medical directors of
residency programs.
(I) One (1) member who is the director of medical
education of an Indiana hospital that is not owned by,
operated by, or affiliated with Indiana University.
(J) One (1) member who is:
(i) a hospital administrator employed by a hospital not
owned by, operated by, or affiliated with Indiana
University; and
(ii) not employed by the hospital that employs the
member appointed under clause (I).
(K) Two (2) members who are physicians holding
unlimited licenses to practice medicine in Indiana. The
following apply to the members appointed under this
clause:
(i) Neither member may be employed as a director of
medical education.
(ii) At least one (1) of the members must practice in the
specialty of family medicine.
The members of the board shall elect the chair at the first meeting
of each year. The member elected chair serves a one (1) year term
as chair.
(c) The terms of the appointed to the board by the governor are
for three (3) years beginning January 1 of the year of appointment
and continuing until the member's successor is appointed and
qualified. If a membership on the board becomes vacant before the
expiration of the term, the governor shall appoint a replacement
with the same representative status to fill the unexpired term.
(d) A member may be reappointed to successive terms.
SECTION 304. IC 21-44-5-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2027]: Sec. 3.5. The chairperson of the board
is permitted to vote only to break a tie.
SECTION 305. IC 21-44-6-1 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 1. There is established the mental health and addiction
services development programs board.
SECTION 306. IC 21-44-6-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 1.5. As used in this chapter,
"commission" refers to the commission for higher education of the
state of Indiana established by IC 21-18-2.
SECTION 307. IC 21-44-6-2 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 2. The board consists of the following ten (10) members:
(1) The dean of the Indiana University School of Medicine or the
dean's designee. The dean of the Indiana University School of
Medicine or the dean's designee shall serve as the chairperson of
the board.
(2) The chairperson of the department of psychiatry of the Indiana
University School of Medicine or the chairperson's designee.
(3) The director of the division of mental health and addiction
created by IC 12-21-1-1 or the director's designee.
(4) The commissioner of the Indiana department of health or the
commissioner's designee.
(5) The dean of the department of family practice of the Marian
University College of Osteopathic Medicine or the dean's
designee.
(6) The administrator of a graduate program in an institution of
higher education in Indiana engaged in training psychologists.
(7) The administrator of a program in an institution of higher
education in Indiana engaged in training advanced practice
psychiatric nurses.
(8) One (1) psychiatrist who practices psychiatry in Indiana.
(9) The administrator of a program in an institution of higher
education in Indiana engaged in training addiction counselors.
(10) The director of the Indiana department of veterans' affairs or
the director's designee.
The governor shall appoint the members of the board described in
subdivisions (6) through (9).
SECTION 308. IC 21-44-6-3 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 3. The board shall meet at least quarterly each year at the
call of the chairperson.
SECTION 309. IC 21-44-6-4 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 4. (a) Each board member who is not a state employee
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is not entitled to a salary per diem. The member is, however, entitled
to reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(b) Each member of the board who is a state employee is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(c) The affirmative votes of a majority of the members appointed to
the board are required for the board to take action on any measure.
SECTION 310. IC 21-44-6-5, AS AMENDED BY P.L.209-2015,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 5. The purpose of the board is to commission
shall do the following:
(1) To Establish and oversee a loan forgiveness program designed
to increase the number of professional mental health care
providers, including addiction health care professionals, in areas
with health professional shortages, as determined by the board,
commission, by assisting professionals in the following
occupational categories to pay off loans incurred in the training
needed to practice in Indiana:
(A) Psychiatrists.
(B) Addiction psychiatrists, including psychiatrists pursuing
fellowship training and certification in addiction psychiatry.
(C) Psychologists.
(D) Psychiatric nurses.
(E) Addiction counselors.
(F) Mental health professionals.
(2) To Establish and oversee an integrated behavioral health and
addiction treatment development program to attract and train
psychiatrists, psychologists, psychiatric nurses, addiction
counselors, or mental health professionals who will engage in the
practice of integrated behavioral health and addiction treatment
in:
(A) state mental health institutions;
(B) community mental health centers;
(C) state funded addiction treatment centers; or
(D) other behavioral health and addiction treatment settings
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determined by the board commission to be mental health and
addiction dual diagnoses treatment settings.
(3) To Develop and oversee an integrated behavioral health and
addiction treatment training track program through the Indiana
University School of Medicine, Department of Psychiatry
residency training program. The training track program must
provide an opportunity for residents to work in mental health and
addiction dual diagnoses treatment settings, including:
(A) state psychiatric hospitals;
(B) community mental health centers;
(C) state funded addiction treatment centers; or
(D) other behavioral health and addiction treatment settings
determined by the board commission to be mental health and
addiction dual diagnoses treatment settings.
(4) To Develop standards for participation in the training track
program that include:
(A) guidelines for the amounts of grants and other assistance
a participant receives;
(B) guidelines for the type of training in integrated behavioral
health and addiction treatment the participant receives;
(C) guidelines for agreements with mental health hospitals,
community mental health centers, and other entities
participating in the training track program; and
(D) other guidelines and standards necessary for governing the
training track program.
SECTION 311. IC 21-44-6-6, AS AMENDED BY P.L.142-2014,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 6. The board commission shall establish
guidelines for the repayment of the loans incurred by a psychiatrist,
psychologist, psychiatric nurse, addiction counselor, or mental health
professional, including the following:
(1) A participant may not receive more than twenty-five thousand
dollars ($25,000) in a year.
(2) Except as provided in subdivision (3), a participant may not
receive grants for more than four (4) years.
(3) A participant who is a psychiatrist pursuing fellowship
training and certification in addiction psychiatry may not receive
grants for more than five (5) years.
(4) A participant must commit to a full year of service in an
integrated behavioral health and addiction treatment setting as
described in section 5(2) or 5(3) of this chapter for each year of
loan repayment.
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(5) A participant must be a practitioner who:
(A) is:
(i) from Indiana; and
(ii) accepting a new position in Indiana; or
(B) is:
(i) from outside Indiana;
(ii) not currently practicing in Indiana and has not practiced
in Indiana for three (3) years before applying for the
program; and
(iii) establishing a new practice in Indiana.
SECTION 312. IC 21-44-6-7, AS AMENDED BY P.L.142-2014,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 7. (a) As used in this section, "account" refers to
the mental health and addiction services loan forgiveness account
established in subsection (b).
(b) The mental health and addiction services loan forgiveness
account within the state general fund is established for the purpose of
providing grants for loan repayment under this chapter. The account
shall be administered by the board. commission. Money in the account
shall be used to fund loan forgiveness grants under this chapter.
(c) The account consists of:
(1) appropriations made by the general assembly;
(2) grants; and
(3) gifts and bequests.
(d) The expenses of administering the account shall be paid from
money in the account.
(e) The treasurer of state shall invest the money in the account not
currently needed to meet the obligations of the account in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the account.
(f) Money in the account at the end of a state fiscal year does not
revert to the state general fund.
SECTION 313. IC 21-44-6-8, AS AMENDED BY P.L.142-2014,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 8. (a) As used in this section, "account" refers to
the integrated behavioral health and addiction treatment development
program account established in subsection (b).
(b) The integrated behavioral health and addiction treatment
development program account within the state general fund is
established for the purpose of providing funding for the integrated
behavioral health and addiction treatment development program
established under this chapter. The account shall be administered by
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the division of mental health and addiction. Money in the account shall
be used to fund residency positions, fellowship training, and
certification in addiction psychiatry, including:
(1) educational expenses;
(2) grants and scholarships;
(3) salaries; and
(4) benefits.
(c) The account consists of:
(1) appropriations made by the general assembly;
(2) grants; and
(3) gifts and bequests.
(d) The expenses of administering the account shall be paid from
money in the account.
(e) The treasurer of state shall invest the money in the account not
currently needed to meet the obligations of the account in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the account.
(f) Money in the account at the end of a state fiscal year does not
revert to the state general fund.
(g) The board division of mental health and addiction established
by IC 12-21-1-1, in consultation with the commission, shall give due
consideration to annually funding two (2) psychiatrists pursuing
fellowship training and certification in addiction psychiatry. A
participant who is a psychiatrist pursuing fellowship training and
certification in addiction psychiatry must agree to establish a new
practice in Indiana for at least five (5) years upon completion of the
fellowship training and certification in addiction psychiatry.
SECTION 314. IC 21-44-6-9 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 9. The division of mental health and addiction shall
provide administrative support for the board.
SECTION 315. IC 21-44-7-1, AS ADDED BY P.L.190-2015,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 1. The following definitions apply throughout this
chapter:
(1) "Board" refers to the graduate medical graduate and
education board established by section 2 of this chapter.
IC 21-44-5-1.
(2) "Fund" refers to the graduate medical education fund
established by section 8 of this chapter.
SECTION 316. IC 21-44-7-2 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 2. The graduate medical education board is established
for the following purposes:
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(1) To provide funding for residents not funded by the federal
Centers for Medicare and Medicaid Services.
(2) To provide technical assistance for entities that wish to
establish a residency program, including the following:
(A) Entities that are not licensed hospitals.
(B) Federally qualified health centers.
(3) To provide startup funding for entities that wish to establish
a residency program.
SECTION 317. IC 21-44-7-3 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 3. (a) The board is comprised of ten (10) members
appointed by the governor as follows:
(1) One (1) member representing the Indiana University School
of Medicine.
(2) One (1) member representing a regional medical school
campus of the Indiana University School of Medicine.
(3) One (1) member representing the Marian University College
of Osteopathic Medicine.
(4) One (1) member representing the Indiana State Medical
Association.
(5) One (1) member representing the Indiana Osteopathic Medical
Association.
(6) One (1) member representing the Indiana Primary Health Care
Association.
(7) One (1) member representing a teaching hospital in the
Indiana Hospital Association.
(8) One (1) member representing a nonteaching hospital in the
Indiana Hospital Association.
(9) Two (2) members who are medical directors of residency
programs.
(b) Except as provided in subsection (c), a member appointed to the
board shall serve for a term of two (2) years. Except as provided in
subsection (c), the term of a member appointed under subsection (a)(1)
through (a)(4) begins on January 1 of an odd-numbered year. The term
of a member appointed under subsection (a)(5) through (a)(9) begins
on January 1 of an even-numbered year.
(c) This subsection applies to a member appointed under subsection
(a)(1) through (a)(4) before January 1, 2016. A member to whom this
subsection applies serves for a term of one (1) year beginning January
1, 2016.
(d) The governor shall make appointments to the board at the
following times:
(1) The governor shall make the initial appointments to the board
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before January 1, 2016.
(2) Before the end of each year after 2015, the governor shall
appoint members to the board to succeed those members whose
terms are scheduled to expire at the end of the year.
(3) When a member resigns or is otherwise unable to complete
the member's term, the governor shall appoint a member to serve
the remaining term of the member who has resigned or who is
otherwise unable to complete the member's term.
SECTION 318. IC 21-44-7-4 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 4. (a) The commission for higher education shall provide
staff for the board. The commission shall call the first meeting of the
board and notify members of the board.
(b) The board members shall designate a chairperson from among
themselves. The member designated as the chairperson continues to
serve as chairperson until the earlier of:
(1) the first anniversary of the chairperson's designation under this
section; or
(2) the date on which the chairperson's term expires.
(c) The board shall meet at the call of the chairperson or at the call
of a majority of the appointed members.
SECTION 319. IC 21-44-7-5 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 5. An affirmative vote of at least six (6) members is
necessary in order for the board to take any official action.
SECTION 320. IC 21-47-2-4, AS AMENDED BY P.L.161-2025,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) There is established a geological and water
survey advisory council.
(b) The council consists of the following members:
(1) One (1) member appointed by the president of Indiana
University who is a faculty member of the Indiana University
School of Public and Environmental Affairs to serve for a period
of four (4) years. A member appointed under this subdivision
must have a background in energy, geology, water, or
environmental science.
(2) One (1) member appointed by the president of Indiana
University who is a faculty member of the earth sciences
department to serve for a period of four (4) years.
(3) The vice provost of research of Indiana University, or the vice
provost's designee.
(4) The chairperson of the house of representatives standing
committee tasked with studying utilities and energy, or the
chairperson's designee.
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(5) The chairperson of the senate standing committee tasked with
studying utilities and energy, or the chairperson's designee.
(6) The director of the department of natural resources, or the
director's designee.
(7) The director of the Indiana department of environmental
management, or the director's designee.
(8) The director of the Indiana economic development
corporation, or the director's designee.
(9) The public finance director appointed under IC 5-1.2-3-6, or
the public finance director's designee.
(10) Two (2) individuals who:
(A) are appointed by the governor;
(B) represent private industry; and
(C) have a background in energy, geology, water, or
environmental science.
An individual appointed by the governor under this subdivision
serves for a term of four (4) years.
A designee under subdivision (3), (4), (5), (6), (7), (8), or (9) must have
a background in energy, geology, water, or environmental science. The
members of the council shall annually elect a chair and vice chair from
among the membership of the council.
(c) A member who is appointed or designated to serve on the
council under subsection (b):
(1) in the case of an appointed member:
(A) holds the position for the term of the appointment;
(B) continues to serve after expiration of the appointment until
a successor is appointed and qualified; and
(C) subject to subdivision (2), is eligible for reappointment;
(2) may not serve on the council for a total of more than two (2)
consecutive terms; and
(3) serves at the pleasure of the appointing or designating
authority and may be removed by the appointing or designating
authority at any time.
The appointing or designating authority shall fill a vacancy that occurs
after a member appointed or designated by the authority resigns, is
removed, or is no longer qualified to serve.
(d) The state geologist shall serve as secretary of the council, shall
provide staff support to the council, and shall report on the following
at each meeting of the council:
(1) The staffing of the survey.
(2) The finances of the survey.
(3) The outreach programs of the survey.
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(4) The current research projects of the survey.
(5) Any other report requested by the council.
(e) The state geologist may cast the deciding vote to break a tie.
(f) Each A member of the council who is not a state employee is not
entitled to:
(1) the minimum salary per diem provided by IC 4-10-11-2.1(b);
or
(2) A member is also entitled to reimbursement for mileage and
traveling expenses actually incurred in connection with the
member's duties. as provided in the state policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(g) Each member of the council who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to legislative members of interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this section shall be paid from appropriations
made to the legislative council or the legislative services agency.
(h) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(i) Expenses paid under subsections (f) and subsection (h) shall be
paid from appropriations made to the state geologist.
(j) The council shall meet quarterly in the first month of each
quarter. The date, time, and location of a meeting must be upon
agreement of the council.
(k) The council shall meet with the state geologist to make
recommendations concerning:
(1) the functions and performance of the survey; and
(2) appropriations and funding for the survey.
(l) The council may make recommendations concerning the
effectiveness and efficiency of the survey and other matters.
(m) Recommendations and reports of the council shall be directed
to the following:
(1) The governor.
(2) The budget agency.
(3) The president of Indiana University.
(4) The director of the department of natural resources.
(5) The commissioner of the department of environmental
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management.
(n) The terms of the members of the council described in subsection
(b)(1), (b)(2), and (b)(10) expire as follows:
(1) For the members described in subsection (b)(1) and (b)(2),
June 30, 2025, and each fourth year thereafter.
(2) For the members described in subsection (b)(10), June 30,
2027, and each fourth year thereafter.
(o) The terms of the members of the council who are members of
the general assembly designated under subsection (b)(4) and (b)(5)
expire June 30 of an odd-numbered year.
(p) On or before July 1, 2027, and July 1 biennially thereafter, the
council shall submit a report to the executive director of the legislative
services agency, in an electronic format under IC 5-14-6, for review by
the interim committee on government in accordance with IC 1-1-15.5-4
and IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the council during the preceding two (2) years.
SECTION 321. IC 22-4.1-21-9, AS AMENDED BY P.L.174-2018,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 9. As used in this chapter, "postsecondary
proprietary educational institution" means a person doing business in
Indiana by offering to the public, for a tuition, fee, or charge,
instructional or educational services or training in a technical,
professional, mechanical, business, or industrial occupation, in the
recipient's home, at a designated location, or by mail. The term does
not include the following:
(1) A postsecondary credit bearing proprietary educational
institution accredited by the board for proprietary education
commission for higher education under IC 21-18.5-6.
(2) A state educational institution or another educational
institution established by law and financed in whole or in part by
public funds.
(3) A postsecondary proprietary educational institution approved
or regulated by any other state regulatory board, agency, or
commission.
(4) An elementary or secondary school attended by students in
kindergarten or grades 1 through 12 and supported in whole or in
part by private tuition payments.
(5) Any educational institution or educational training that:
(A) is maintained or given by an employer or a group of
employers, without charge, for employees or for individuals
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the employer anticipates employing;
(B) is maintained or given by a labor organization, without
charge, for its members or apprentices;
(C) offers exclusively instruction that is clearly
self-improvement, motivational, or avocational in intent
(including instruction in dance, music, or self-defense, and
private tutoring); or
(D) is a Montessori or nursery school.
(6) A privately endowed two (2) or four (4) year degree granting
institution that is regionally accredited and whose principal
campus is located in Indiana.
(7) All educational institutions offering programs requiring
approval by the Indiana state board of nursing under
IC 25-23-1-7.
SECTION 322. IC 22-8-1.1-1, AS AMENDED BY P.L.32-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 1. As used in this chapter, unless otherwise
provided:
"Board" means the board of safety review created by this chapter.
"Commission" means the occupational safety standards commission
created by this chapter.
"Commissioner" means the commissioner of labor or the
commissioner's duly designated representative.
"Department" means the department of labor.
"Employee" means a person permitted to work by an employer in
employment.
"Employer" means any individual or type of organization, including
the state and all its political subdivisions, that has in its employ one (1)
or more individuals.
"INSafe" means the division of the department created by section 40
of this chapter.
"Safety order" refers to a notice issued to employers by the
commissioner of labor for alleged violations of this chapter, including
any health and safety standards.
"Standard" refers to both health and safety standards.
"Voluntary protection program" means a program offered by the
United States Occupational Safety and Health Administration to
employers subject to this chapter that exempts the employers from
general scheduled inspections.
SECTION 323. IC 22-8-1.1-7 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 7. An occupational safety standards commission is
created within the department to promulgate, modify, or revoke safety
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and health standards in Indiana and to hear and determine applications
for temporary and permanent variances from those standards.
SECTION 324. IC 22-8-1.1-8 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 8. Commission: Membership. The commission shall be
composed of nine (9) members, all of whom shall be selected by the
governor as follows: three (3) shall represent the management of
principal industries in the state, one (1) of which shall represent
agricultural industry: three (3) shall represent labor and three (3) shall
represent the public all of whom shall be recognized as experienced in
the field of occupational health and safety. The commissioner shall
serve as secretary of the commission. No member of the commission
having an economic interest in any application for a temporary or
permanent variance, shall be allowed to participate in the decision.
SECTION 325. IC 22-8-1.1-9 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 9. Commission: Terms. Members of the commission
shall serve terms of three (3) years and until their successors are
appointed except that of the members first appointed, three (3)
members representing management, labor and the public shall be
appointed for three (3) years and three (3) members representing
management, labor and the public for two (2) years and three (3)
members representing management, labor and the public for one (1)
year. Vacancies shall be filled by appointment for an unexpired term
by the governor in the same manner as the original appointments.
SECTION 326. IC 22-8-1.1-10 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 10. The commission shall meet annually at the call of the
commissioner and elect a chairman and such other officers as they
deem appropriate.
SECTION 327. IC 22-8-1.1-11 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 11. (Commission: Quorum) A majority of the
commission constitutes a quorum for the transaction of business.
SECTION 328. IC 22-8-1.1-12 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 12. (a) Each member of the commission who is not a
state employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for
traveling expenses and other expenses actually incurred in connection
with the member's duties, as provided in the state travel policies and
procedures established by the department of administration and
approved by the budget agency.
(b) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties, as provided
in the state travel policies and procedures established by the
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department of administration and approved by the budget agency.
SECTION 329. IC 22-8-1.1-13 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 13. The commission shall meet at the call of the
commissioner or the chairman or upon the written request of any four
(4) members. However, the commission shall meet at least one (1) time
per year at the call of the commissioner to conduct the business that
comes before the commission.
SECTION 330. IC 22-8-1.1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 15. (Standards:
Incorporation by reference) The commission board may adopt by
reference any standards, code, manuals or portions thereof, published
by any nationally recognized organizations or associations organized
or conducted in whole or in part for the purpose of developing
standards for the protection of the life, health or safety of employees.
SECTION 331. IC 22-8-1.1-15.1, AS AMENDED BY
P.L.123-2006, SECTION 33, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 15.1. Any interested
person, including representatives of employers and representatives of
employees may propose a standard to the commission, board, or the
commission board may do so on its own motion. Such proposals shall
be in writing. In the development or adoption of each standard
proposed in this manner, the commission board shall appoint and
consult with an advisory committee. The advisory committee shall
include equal number of persons qualified to present the viewpoint of
employers involved and of persons similarly qualified to present the
viewpoint of the workers involved. All members of the advisory
committee shall be experienced in the field to which the proposed
standard will apply. The number of members of any advisory
committee shall be at the discretion of the commission. board. Any
standard developed shall not unduly burden interstate commerce. Any
such standard must be adopted by the commission board in accordance
with IC 4-22-2. The said standard shall be published in a newspaper of
general circulation published in Marion County, Indiana, at least ten
(10) days prior to the filing of said standard with the publisher of the
Indiana Register.
SECTION 332. IC 22-8-1.1-16.1, AS AMENDED BY P.L.93-2024,
SECTION 160, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 16.1. The commission board may
adopt emergency temporary standards under IC 4-22-2. The emergency
temporary standard shall be published in a newspaper of general
circulation published in Marion County, Indiana, at least ten (10) days
before the filing with the publisher of the Indiana Register. In the
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exercise of this power, the commission board shall first expressly
determine:
(1) that employees are exposed to grave danger from exposure to
substances or agents determined to be toxic or physically harmful
or from new hazards; and
(2) that such emergency temporary standard is necessary to
protect employees from such danger.
SECTION 333. IC 22-8-1.1-16.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 16.2. (a) A United
States Occupational Safety and Health Administration (OSHA)
standard lawfully adopted by OSHA under federal law may be enforced
by the department without any further action by the commission.
board.
(b) The commissioner or the commissioner's designee shall enforce
the federal standards described in subsection (a) not earlier than sixty
(60) days after the final standard by federal OSHA becomes effective.
(c) The commission board may adopt an alternate standard which
it finds is at least as effective in providing safe and healthful
employment as the federal standard under the procedures set forth in
IC 22-8-1.1-15, IC 22-8-1.1-15.1, and IC 22-8-1.1-16.1.
(d) Notwithstanding IC 4-22-7-7(a), the commission board shall
publish a statement describing a standard enforceable under this
section. The statement must make reference to the federal regulation.
The statement must be published under IC 4-22-7-7(b).
SECTION 334. IC 22-8-1.1-17.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 17.1. (a) Any standard
promulgated under this chapter shall prescribe the use of labels or other
appropriate forms of warning as are necessary to insure that employees
are apprised of all hazards to which they are exposed, relevant
symptoms and appropriate emergency treatment, and proper conditions
and precautions of safe use or exposure. Where appropriate, such a
standard shall also prescribe suitable protective equipment and control
or technological procedures to be used in connection with the hazards
and shall provide for monitoring or measuring employee exposure at
such locations and intervals and in such manner as may be necessary
for the protection of employees. In addition where appropriate, any
standard shall prescribe the type or frequency of medical examinations
or other tests which shall be made available by the employer, at
employer's cost, to employees exposed to hazards in order to most
effectively determine whether the health of the employees is adversely
affected by the exposure. Upon request, the results of examinations or
tests shall be furnished to the department and shall remain confidential
HEA 1003 — CC 1
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within the department. At the request of the employee, results shall be
furnished to his physician.
(b) The commission, board, in promulgating standards dealing with
toxic materials or harmful physical agents, shall set the standard which
most adequately assures, to the extent feasible, on the basis of the best
available evidence, that no employee will suffer material impairment
of health or functional capacity even if the employee has regular
exposure to the hazard dealt with by the standard for the period of his
working life. Development of standards shall be based upon research,
demonstrations, experiments, and such other information as may be
appropriate. In addition to the attainment of the highest degree of
health and safety protection for the employee, other considerations
shall be the latest available scientific data in the field, the feasibility of
the standards, and experience gained under this and other health and
safety laws. Whenever practicable, the standard promulgated shall be
expressed in terms of objective criteria and of the performance desired.
(c) The commission, board, in promulgating standards, shall adopt
rules requiring employers to maintain accurate records of employee
exposures to potentially toxic material or harmful physical agents
which are required to be monitored or measured under the standards.
These rules shall provide employees or their representatives with an
opportunity to observe monitoring or measuring and to have access to
the records thereof. These rules shall also make appropriate provisions
for each employee to have access to such records as will indicate his
own exposure to toxic materials or harmful physical agents. Under
these rules, each employer shall notify any employee who is being
consistently exposed to toxic materials or harmful physical agents in
concentrations or at levels which exceed those prescribed by an
occupational safety and health standard and shall inform any employee
who is being thus exposed of the corrective action being taken.
SECTION 335. IC 22-8-1.1-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 19. Standards:
Declaratory Judgment. After promulgation of a safety standard by the
commission, board, any question as to its applicability or legal validity
may be adjudicated by an action for a declaratory judgment filed by an
affected person or firm under IC 34-14-1 (or IC 34-4-10 before its
repeal).
SECTION 336. IC 22-8-1.1-19.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 19.1. Temporary
Variances. Any employer may apply to the commission board for a
temporary order granting a variance from a standard or any provision
thereof promulgated under this chapter. Such temporary order shall be
HEA 1003 — CC 1
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granted only if the employer establishes that he is unable to comply
with a standard by its effective date because of unavailability of
professional or technical personnel or of materials and equipment
needed to come into compliance with the standard or because necessary
construction or alteration of facilities cannot be completed by the
effective date; that he is taking all available steps to safeguard his
employees against the hazards covered by the standard; and that he has
an effective program for coming into compliance with a standard as
quickly as practicable. Any temporary order issued under this section
shall prescribe the practices, means, methods, operations and processes
which the employer must adopt and use while the order is in effect and
state in detail his program for coming into compliance with the
standard. Such a temporary order may be granted only after notice to
employees and an opportunity for a hearing. Said notice shall be given
to the authorized representative of the employees and be posted at or
near the location for which the variance is sought. No order for a
temporary variance may be in effect for longer than the period needed
by the employer to achieve compliance with the standard or one (1)
year, whichever is shorter, except that such an order may be renewed
not more than twice, so long as the requirements of this paragraph are
met and if an application for renewal is filed at least ninety (90) days
prior to the expiration date of the order.
SECTION 337. IC 22-8-1.1-20.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 20.1. Any affected
employer may apply to the commission board for a permanent variance
from a standard promulgated under this chapter. Affected employees
shall be given notice of each such application by posting it at or near
the location for which the variance is sought, and an opportunity to
participate in a hearing. The commission board shall issue such rule
or order if it determines, after a hearing, including an inspection, if
appropriate, that the proponent of the variance has demonstrated by a
preponderance of the evidence that the conditions, practices, means,
methods, operations, or processes used or proposed to be used by the
employer will provide employment and places of employment to his
employees which are as safe and healthful as those which would
prevail if he complied with the standard. The rule or order so issued
shall prescribe the conditions the employer must maintain, and the
practices, means, methods, operations, and processes which he must
adopt and utilize to the extent they differ from the standard in question.
Such a rule or order may be modified or revoked upon application by
an employer, employees, the commissioner of labor, or the commission
board on its own motion, in the manner prescribed for its issuance
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under this section at any time after six (6) months from its issuance,
provided that the moving party gives thirty (30) days notice to the other
parties, and a hearing is held at the request of any of the parties.
SECTION 338. IC 22-8-1.1-21.1 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 21.1. The commissioner and the department shall
provide such administrative services, including docketing,
stenographic, and recordkeeping services, as the commission may
require in discharging its function under this chapter.
SECTION 339. IC 22-8-1.1-22.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 22.1. Commissioner to
Administer - Other Agencies. The commissioner and such
representatives as he may designate the commissioner's designees
shall administer and enforce the provisions of this chapter and the
safety standards adopted by the commission. board. The commissioner
may utilize other agencies of the state government and its political
subdivisions in carrying out his the commissioner's functions under
this chapter.
SECTION 340. IC 22-8-1.1-30.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 30.1. (a) A board of
safety review is created within the department.
(b) The board shall conduct hearings on contests involving safety
orders, penalties, and notices of failure to correct a violation issued
under this chapter and may affirm, modify, or dismiss the action of the
commissioner in respect to the violation, the penalty, and the abatement
period. All enforcement action on a properly contested safety order
shall be suspended until a final decision has been rendered by the board
of safety review. If a petition for judicial review is filed under
IC 4-21.5-5, the person seeking review may seek a stay under
IC 4-21.5-5-9. If compliance with the safety order is a final decision,
the full abatement period shall commence from the date of the issuance
of the final decision of the board of safety review or of a court if a stay
has been granted.
(c) The board may promulgate, modify, or revoke safety and
health standards in Indiana and shall hear and determine
applications for temporary and permanent variances from those
standards.
SECTION 341. IC 22-8-1.1-48.1, AS AMENDED BY P.L.32-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 48.1. The commissioner of labor, the occupational
safety standards commission, the board of safety review, and INSafe
shall have the power to make rules governing functions under this
chapter, provided such rules shall not be inconsistent with this chapter
HEA 1003 — CC 1
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or other applicable statutes.
SECTION 342. IC 22-8-1.1-48.4, AS AMENDED BY P.L.32-2008,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 48.4. (a) All information reported to or otherwise
obtained by the commissioner, the designated representatives of the
commissioner, the department of labor, the occupational safety
standards commission, the board of safety review, INSafe, and the
agents and employees of any of them that contains or might reveal a
trade secret, shall be considered confidential and shall be disclosed
only to such other officers or employees concerned with the functions
set forth in this chapter as may be necessary for them to discharge their
duties under this chapter. In any proceeding, the commissioner, the
commission, the board, or a court shall issue such orders as may be
appropriate, including the impoundment of files, or portions of files, to
protect the confidentiality of trade secrets.
(b) No person may violate the confidentiality of trade secrets.
SECTION 343. IC 22-9-1-19 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 19. (a) The commission shall
commemorate the birthday of Dr. Martin Luther King Jr. with
programs or activities that:
(1) honor Dr. King's life and works; and
(2) reflect Dr. King's philosophy and dream of freedom,
justice, and racial equality through nonviolent social change.
(b) The commission may do the following:
(1) Sponsor, promote, or engage in activities on dates other
than the Dr. King holiday that honor Dr. Martin Luther King
Jr. or that relate to the philosophy and principles advocated
by Dr. King.
(2) Coordinate the commission's activities and projects with
the Dr. Martin Luther King Jr. federal holiday commission,
community organizations, local municipalities, and other
entities that the commission determines to be appropriate.
SECTION 344. IC 22-9.5-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 5. (a) A person may not
discriminate in the sale or rental or otherwise make unavailable or deny
a dwelling to any buyer or renter because of a disability of:
(1) the buyer or renter;
(2) a person residing in or intending to reside in the dwelling after
the dwelling is sold, rented, or made available; or
(3) any person associated with the buyer or renter.
(b) A person may not discriminate against any person in the terms,
HEA 1003 — CC 1
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conditions, or privileges of sale or rental of a dwelling or in the
provision of services or facilities in connection with the dwelling
because of a disability of:
(1) the person;
(2) a person residing in or intending to reside in the dwelling after
the dwelling is sold, rented, or made available; or
(3) any person associated with the person.
(c) For purposes of this section only, discrimination includes the
following:
(1) A refusal to permit, at the expense of the person with a
disability, reasonable modifications of existing premises occupied
or to be occupied by the person if the modifications may be
necessary to afford the person full enjoyment of the premises.
(2) A refusal to make reasonable accommodations in rules,
policies, practices, or services, when the accommodations may be
necessary to afford the person equal opportunity to use and enjoy
a dwelling.
(3) In connection with the design and construction of covered
multifamily dwellings for first occupancy after March 13, 1991,
a failure to design and construct those dwellings in a manner that:
(A) the public use and common use parts of the dwellings are
readily accessible to and usable by persons with disabilities;
(B) all the doors are designed to allow passage into and within
all premises within the dwellings and are sufficiently wide to
allow passage by persons with disabilities in wheelchairs; and
(C) all premises within the dwellings contain the following
features of adaptive design:
(i) An accessible route into and through the dwelling.
(ii) Light switches, electrical outlets, thermostats, and other
environmental controls in accessible locations.
(iii) Reinforcements in bathroom walls to allow later
installation of grab bars.
(iv) Usable kitchens and bathrooms so that an individual in
a wheelchair can maneuver about the space.
(d) As used in subsection (c), "covered multifamily dwellings"
means:
(1) buildings consisting of four (4) or more units if the buildings
have one (1) or more elevators; and
(2) ground floor units in other buildings consisting of four (4) or
more units.
(e) Compliance with the rules of the fire prevention and building
safety commission department of homeland security that incorporate
HEA 1003 — CC 1
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by reference the appropriate requirements of the American National
Standard for buildings and facilities providing accessibility and
usability for people with physical disabilities (ANSI A117.1) satisfies
the requirements of subsection (c)(3)(C).
(f) This section does not require that a dwelling be made available
to an individual whose tenancy would constitute a direct threat to the
health or safety of other individuals or whose tenancy would result in
substantial physical damage to the property of others.
SECTION 345. IC 22-10-1.5-3, AS AMENDED BY P.L.35-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) Except as provided in subsection (b), A
member of the board who is a state employee is not entitled to the
minimum salary per diem provided by IC 4-10-11-2.1(b). The member
is, however, entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually incurred in
connection with the member's duties, as provided in the state policies
and procedures established by the Indiana department of administration
and approved by the budget agency.
(b) Effective July 1, 2007, A member of the board who is not a state
employee is not entitled to:
(1) the minimum salary per diem provided by IC 4-10-11-2.1(b);
or
(2) The member also is entitled to reimbursement for traveling
expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties. as
provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
SECTION 346. IC 22-11-14-2, AS AMENDED BY P.L.187-2021,
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. (a) The fire prevention and building safety
commission department of homeland security shall:
(1) adopt rules under IC 4-22-2 for the granting of permits for
supervised public displays of fireworks by municipalities, fair
associations, amusement parks, and other organizations or groups
of individuals; and
(2) establish by rule the fee for the permit, which shall be paid
into the fire and building services fund created under
IC 22-12-6-1.
(b) The application for a permit required under subsection (a) must:
(1) name a competent operator who is to officiate at the display;
(2) set forth a brief resume of the operator's experience;
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(3) be made in writing or an electronic format; and
(4) be received with the applicable fee by the department of
homeland security at least five (5) business days before the
display.
No operator who has a prior conviction for violating this chapter may
operate any display for one (1) year after the conviction.
(c) Every display shall be handled by a qualified operator approved
by the chief of the fire department of the municipality in which the
display is to be held. A display shall be located, discharged, or fired as,
in the opinion of:
(1) the chief of the fire department of the city or town in which
the display is to be held; or
(2) the township fire chief or the fire chief of the municipality
nearest the site proposed, in the case of a display to be held
outside of the corporate limits of any city or town;
after proper inspection, is not hazardous to property or person.
(d) A permit granted under this section is not transferable.
(e) A denial of a permit by a municipality shall be issued in writing
before the date of the display.
(f) A person may not possess, transport, or deliver special fireworks,
except as authorized under this section.
SECTION 347. IC 22-11-14-3.5, AS ADDED BY P.L.187-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 3.5. The fire prevention and building safety
commission department of homeland security may adopt rules under
IC 4-22-2 that specify the conditions under which the chief of a
municipal or township fire department may grant a permit to a person
to sponsor a special discharge location in the municipality or township.
SECTION 348. IC 22-11-14-4.5, AS AMENDED BY HEA
1202-2026, SECTION 34, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 4.5. (a) A retailer may sell
consumer fireworks and items referenced in section 8(a) of this chapter
from a tent under the following conditions:
(1) The tent may not be larger than one thousand five hundred
(1,500) square feet.
(2) There may be only one (1) tent for each registration granted
under section 11(a) of this chapter.
(3) The tent may not be located closer than one hundred (100) feet
from a permanent structure.
(4) A vehicle may not be parked closer than twenty (20) feet from
the edge of the tent.
(5) The tent must be fire retardant.
HEA 1003 — CC 1
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(6) The sales site must comply with all applicable local zoning
and land use rules.
(7) Sales of fireworks may be made from the tent for not more
than forty-five (45) days in a year.
(8) The weight of consumer fireworks in a tent may not exceed
three thousand (3,000) gross pounds of consumer fireworks.
(9) A retailer that legally operated a tent with a registration in
2005 may continue operation in a tent in 2006 and the following
years. A registration under section 11(a) of this chapter is
required for operation in 2006 and following years. For purposes
of this subdivision, a retailer includes a resident wholesaler who
supplied consumer fireworks to an applicant for a tent registration
in 2005.
(10) The retailer holds a valid registration under section 11(a) of
this chapter.
(b) A retailer may sell consumer fireworks and items referenced in
section 8(a) of this chapter from a Class 1 structure (as defined in
IC 22-12-1-4) if the Class 1 structure meets the requirements of any of
the following subdivisions:
(1) The structure complied with the rules for a B-2 or M building
occupancy classification before July 4, 2003, under the Indiana
building code adopted by the fire prevention and building safety
commission established under IC 22-12-2-1 (before its repeal):
(A) in which consumer fireworks were sold or stored on or
before July 4, 2003; and
(B) in which no subsequent intervening nonfireworks sales or
storage use has occurred.
(2) The structure complied with the rules for a B-2 or M building
occupancy classification before July 4, 2003, under the Indiana
building code adopted by the fire prevention and building safety
commission established under IC 22-12-2-1 (before its repeal):
(A) in which consumer fireworks were sold or stored on or
before July 4, 2003;
(B) in a location at which the retailer was registered as a
resident wholesaler in 2005; and
(C) in which the retailer's primary business is not the sale of
consumer fireworks.
(3) The structure complies with the rules for an H-3 building
occupancy classification under the Indiana building code adopted
by the fire prevention and building safety commission established
under IC 22-12-2-1, or the equivalent occupancy classification
adopted by subsequent rules of the fire prevention and building
HEA 1003 — CC 1
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safety commission. department of homeland security.
(4) The structure complies with the rules adopted after July 3,
2003, by the fire prevention and building safety commission
established under IC 22-12-2-1 department of homeland
security for an M building occupancy classification under the
Indiana building code.
A registration under section 11(a) of this chapter is required for
operation in 2006 and following years.
(c) This subsection does not apply to a structure identified in
subsection (b)(1), (b)(2), (b)(3), or (b)(4). A retailer may sell consumer
fireworks and items referenced in section 8(a) of this chapter from a
structure under the following conditions:
(1) The structure must be a Class 1 structure in which consumer
fireworks are sold and stored.
(2) The sales site must comply with all applicable local zoning
and land use rules.
(3) The weight of consumer fireworks in the structure may not
exceed three thousand (3,000) gross pounds of consumer
fireworks.
(4) The retailer holds a valid registration under section 11(a) of
this chapter.
(5) A retailer that sold consumer fireworks and operated from a
structure with a registration in 2005 may continue in operation in
the structure in 2006 and the following years. A registration under
section 11(a) of this chapter is required for operation in 2006 and
following years.
(d) A member of the department of homeland security staff shall,
under section 9 of this chapter, inspect tents and structures in which
fireworks are sold in accordance with IC 22-14-2-11. The department
of homeland security may delegate this responsibility to a responding
fire department with jurisdiction over the tent or structure, subject to
the policies and procedures of the state fire marshal.
(e) A retailer shall file an application for each retail location on a
form to be provided by the department of homeland security.
(f) This chapter does not limit the quantity of items referenced in
section 8(a) of this chapter that may be sold from any Class 1 structure
that complied with the rules of the fire prevention and building safety
commission (before its repeal) in effect before May 21, 2003.
SECTION 349. IC 22-11-14-8, AS AMENDED BY P.L.187-2006,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 8. (a) A person shall not sell at retail, offer for sale
at retail, or deliver the following items to a person less than eighteen
HEA 1003 — CC 1
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(18) years of age:
(1) Dipped sticks or wire sparklers. However, total pyrotechnic
composition may not exceed one hundred (100) grams per item.
Devices containing chlorate or perchlorate salts may not exceed
five (5) grams in total composition per item.
(2) Cylindrical fountains.
(3) Cone fountains.
(4) Illuminating torches.
(5) Wheels.
(6) Ground spinners.
(7) Flitter sparklers.
(8) Snakes or glow worms.
(9) Smoke devices.
(10) Trick noisemakers, which include:
(A) Party poppers.
(B) Booby traps.
(C) Snappers.
(D) Trick matches.
(E) Cigarette loads.
(F) Auto burglar alarms.
(b) A retailer or wholesaler of consumer fireworks may sell
consumer fireworks to a person at least eighteen (18) years of age.
(c) An individual who sells consumer fireworks must be at least
eighteen (18) years of age.
(d) An individual who sells an item set forth in subsection (a) must
be at least sixteen (16) years of age.
(e) The fire prevention and building safety commission department
of homeland security may adopt rules under IC 4-22-2 establishing
procedures to ensure compliance with the age limitations set forth in
this section.
SECTION 350. IC 22-11-14-15, AS ADDED BY P.L.187-2006,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 15. The fire prevention and building safety
commission department of homeland security and the department of
state revenue shall adopt rules under IC 4-22-2 to carry out this
chapter.
SECTION 351. IC 22-11-14.5-3, AS AMENDED BY P.L.101-2006,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 3. The fire prevention and building safety
commission department of homeland security shall adopt rules under
IC 4-22-2 to implement a statewide code concerning displays of indoor
pyrotechnics. The rules:
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(1) must require that a certificate of insurance be issued that
provides general liability coverage of at least five hundred
thousand dollars ($500,000) for the injury or death of any number
of persons in any one (1) occurrence and five hundred thousand
dollars ($500,000) for property damage in any one (1) occurrence
by an intended display of indoor pyrotechnics arising from any
acts of the operator of the display or the operator's agents,
employees, or subcontractors;
(2) must require the person intending to present the display to
give, at least twenty four (24) hours before the time of the display,
written notice of the intended display to the chief of the
responding fire department of the location proposed for the
display of the indoor pyrotechnics and to include with the written
notice a certification from the person intending to display the
indoor pyrotechnics that the display will be made in accordance
with:
(A) the rules adopted under this section; and
(B) any ordinance or resolution adopted under section 4 of this
chapter;
(3) must include and adopt NFPA 1126, Standard for the Use of
Pyrotechnics before a Proximate Audience, 2001 Edition,
published by the National Fire Protection Association, 1
Batterymarch Park, Quincy, Massachusetts 02169;
(4) must be amended to adopt any subsequent edition of NFPA
Standard 1126, including addenda, within eighteen (18) months
after the effective date of the subsequent edition; and
(5) may provide for amendments to NFPA Standard 1126 as a
condition of the adoption under subdivisions (3) and (4).
SECTION 352. IC 22-11-16-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 2. (a) The fire
prevention and building safety commission department of homeland
security shall adopt rules under IC 4-22-2 governing fire safety in
certain buildings as specified in subsection (b).
(b) Except as provided in subsection (c) and subsection (d), this
chapter and the rules adopted under it apply to:
(1) all hotels, motels, apartments (in buildings containing three
(3) or more apartments), and buildings containing three (3) or
more sleeping rooms that rent for a fee; and
(2) all buildings occupied after September 14, 1982, as hotels,
motels, apartments (in buildings containing three (3) or more
apartments), and buildings containing three (3) or more sleeping
rooms that rent for a fee.
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197
(c) This chapter does not apply to hotels and motels that have no
interior corridors and whose individual rooms have only exterior exits.
(d) This chapter does not apply to an apartment in an apartment
building from which apartment there is immediate ground level access
to the outside.
(e) Compliance with this chapter and the rules adopted under it does
not relieve the owner of a building covered by this chapter from the
requirements of any other applicable law, rule, regulation, or ordinance.
SECTION 353. IC 22-11-17-1, AS AMENDED BY P.L.187-2021,
SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 1. As used in this chapter:
(1) "Commission" refers to the Indiana fire prevention and
building safety commission. "Department" refers to the
department of homeland security.
(2) "Exit" means a continuous and unobstructed means of egress
to a public way designated as an exit pursuant to the rules of the
commission. department. The term includes doorways, corridors,
exterior exit balconies, ramps, stairways, smokeproof enclosures,
horizontal exits, exit passageways, exit courts, and yards.
(3) "Owner" means a person having control or custody of any
building covered by this chapter.
(4) "Public building" means any structure used in whole or in part
as a place of resort, assemblage, lodging, trade, traffic,
occupancy, or use by the public, or by three (3) or more tenants.
It also means all educational buildings, day care centers,
hospitals, institutions, health facilities, residential-custodial care
facilities, mercantile occupancies, and office occupancies.
(5) "Special egress control device" means an electronically
controlled exit locking system that:
(A) allows a delay in exiting through an exit in a
nonemergency situation; and
(B) complies with rules adopted by the commission.
department.
SECTION 354. IC 22-11-17-2, AS AMENDED BY P.L.187-2021,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. (a) Except as provided in subsections (b) and
(d) and section 2.5 of this chapter, an owner of a public building shall
not permit an exit to be locked or obstructed in any manner that denies
the public a continuous and unobstructed means of egress while
lawfully occupied by anyone who is not an officer or an employee.
(b) The commission department may adopt rules under IC 4-22-2
that:
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(1) allow the owner of a public building to equip an exit with a
special egress control device;
(2) limit the circumstances under which a special egress control
device may be used; and
(3) allow an exit that was in compliance with the rules of the
commission department when the exit was constructed to be
equipped with a special egress control device.
(c) An owner of a public building shall not permit a fire alarm to be
disconnected or otherwise rendered inoperative, except in cases of
routine maintenance or for repair.
(d) A school that has one (1) or more employees shall develop a
plan to address unplanned fire alarm activation as part of its emergency
operations plan.
(e) A school's emergency operations plan for unplanned fire alarm
activation shall include procedures for the following:
(1) Evacuation of the building when the fire alarm is heard. A
school with a fire alarm panel that allows for a positive fire alarm
sequence may:
(A) develop a plan to investigate an unplanned fire alarm
activation before activating the audible and visual alarms
requiring evacuation;
(B) designate school officials to acknowledge that an alarm
has been activated and initiate an investigation within fifteen
(15) seconds;
(C) secure-in-place for up to three (3) minutes in order for a
designated school official to determine, by investigation, if an
active shooter is on the property; and
(D) following the three (3) minute period under clause (C), the
school must evacuate, unless an active shooter has been
verified to be on the school's property.
(2) Compliance with all provisions of 675 IAC 28-1-28.
SECTION 355. IC 22-12-1-4, AS AMENDED BY P.L.142-2013,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 4. (a) "Class 1 structure" means any part of the
following:
(1) A building or structure that is intended to be or is occupied or
otherwise used in any part by any of the following:
(A) The public.
(B) Three (3) or more tenants.
(C) One (1) or more persons who act as the employees of
another.
(2) A site improvement affecting access by persons with physical
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disabilities to a building or structure described in subdivision (1).
(3) Outdoor event equipment.
(4) Any class of buildings or structures that the commission
department determines by rules to affect a building or structure
described in subdivision (1), except buildings or structures
described in subsections (c) through (f).
(b) Subsection (a)(1) includes a structure that contains three (3) or
more condominium units (as defined in IC 32-25-2-9) or other units
that:
(1) are intended to be or are used or leased by the owner of the
unit; and
(2) are not completely separated from each other by an
unimproved space.
(c) Subsection (a)(1) does not include a building or structure that:
(1) is intended to be or is used only for an agricultural purpose on
the land where it is located; and
(2) is not used for retail trade or is a stand used for retail sales of
farm produce for eight (8) or less consecutive months in a
calendar year.
(d) Subsection (a)(1) does not include a Class 2 structure.
(e) Subsection (a)(1) does not include a vehicular bridge.
(f) Subsection (a)(1) does not include a structure that is intended to
be or is occupied solely to provide periodic maintenance or repair of:
(1) the structure; or
(2) mechanical or electrical equipment located within and affixed
to the structure.
SECTION 356. IC 22-12-1-6 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 6. "Commission" refers to the fire prevention and
building safety commission.
SECTION 357. IC 22-12-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 8. (a) "Control" means
authority to create, change, or eliminate a condition or to initiate,
regulate, or terminate conduct that is based on any of the following:
(1) An agency, employment, or contractual relationship.
(2) A possessory or nonpossessory ownership or leasehold interest
in property.
(3) A contractual right to possess or use property.
(b) The term does not apply to IC 22-12-2.1-1.
SECTION 358. IC 22-12-2 IS REPEALED [EFFECTIVE JULY 1,
2027]. (Fire Prevention and Building Safety Commission).
SECTION 359. IC 22-12-2.1 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2027]:
Chapter 2.1. Transition of Responsibilities for Fire Prevention
and Building Safety
Sec. 1. (a) On July 1, 2027, all powers, duties, agreements, and
liabilities of the fire prevention and building safety commission are
transferred to the department.
(b) On July 1, 2027, all records and property of the fire
prevention and building safety commission, including
appropriations and other funds under the control or supervision of
the fire prevention and building safety commission, are transferred
to the department.
(c) After June 30, 2027, any amounts owed to the fire prevention
and building safety commission before July 1, 2027, are considered
to be owed to the department as the successor agency.
(d) After June 30, 2027, a reference to the fire prevention and
building safety commission in a statute, rule, or other document is
considered a reference to the department.
(e) Proceedings pending before the fire prevention and building
safety commission on July 1, 2027, shall be transferred from the
fire prevention and building safety commission to the department
and treated as if initiated by the department.
(f) A license or permit issued by the fire prevention and building
safety commission before July 1, 2027, shall be treated after June
30, 2027, as a certification issued by the department.
(g) The rules adopted by the fire prevention and building safety
commission before July 1, 2027, are considered, after June 30,
2027, rules of the department. For purposes of applying IC 4-22-2.6
to the readoption of rules transferred by this subsection, the rules
shall be treated as not expiring. Except as permitted under
IC 4-22-2-38 to make nonsubstantive technical corrections, the
department may not revise or repeal the transferred rules,
including matters incorporated by reference, unless authorized by
act of the general assembly.
(h) Not later than July 1, 2028, and each year thereafter, the
department shall submit a report to the legislative council in an
electronic format under IC 5-14-6 making recommendations for
amendment of the rules of the fire prevention and building safety
commission transferred to the department under this section. The
legislative council shall assign the report to be reviewed by an
interim study committee established under IC 2-5-1.3. In preparing
the report required by this subsection, the department shall consult
with industry experts, professionals, and interested stakeholders
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who have indicated an interest in the subject matter of the
recommendations contained in the report.
SECTION 360. IC 22-12-2.5 IS REPEALED [EFFECTIVE JULY
1, 2027]. (Building Codes and Standards; Review and Implementation
of Rules; Taking Effect of Rules).
SECTION 361. IC 22-12-6-1, AS AMENDED BY P.L.187-2021,
SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 1. (a) The fire and building services fund is
established for the purpose of defraying the personal services, other
operating expense, and capital outlay of the following:
(1) The department.
(2) The education board.
(3) The commission.
(b) The fund shall be administered by the department. Money
collected for deposit in the fund shall be deposited at least monthly
with the treasurer of state.
(c) The treasurer of state shall deposit the following collected
amounts in the fund:
(1) Fire insurance policy premium taxes assessed under section 5
of this chapter.
(2) Except as provided in section 6(d) of this chapter, all fees
collected under this chapter.
(3) Any money not otherwise described in this subsection but
collected by the department commission, or education board and
designated for distribution to the fund by statute or the executive
director of the department.
(4) A fee collected by the education board for the issuance of a
certification under IC 22-14-2-7.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(e) Money in the fund at the end of a fiscal year does not revert to
the state general fund.
SECTION 362. IC 22-12-6-3, AS AMENDED BY P.L.187-2021,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 3. (a) The statewide fire and building safety
education fund is established to provide money to:
(1) local fire and building inspection departments for enrollment
in education and training programs approved by the department;
and
(2) the department for:
(A) enrollment in education and training programs approved
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by the department; and
(B) the sponsoring of training conferences.
(b) The department shall administer the fund. The department shall
distribute money from the fund in accordance with the rules adopted
under IC 4-22-2 by the commission. department.
(c) The fund consists of:
(1) money allocated under section 6(d) of this chapter; and
(2) fees collected under subsection (e).
(d) Money in the fund at the end of a fiscal year does not revert to
the state general fund.
(e) The department may charge a fee for a person's participation in
a training conference. The department shall deposit the fees collected
under this subsection in the fund. The department shall pay all
expenses associated with training conferences out of the fund.
SECTION 363. IC 22-12-6-6, AS AMENDED BY P.L.230-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 6. (a) The commission department may adopt
rules under IC 4-22-2 setting a fee schedule for the following:
(1) Fireworks display permits issued under IC 22-11-14-2.
(2) Explosives magazine permits issued under IC 35-47.5-4.
(3) Design releases issued under IC 22-15-3 and IC 22-15-3.2.
(4) Certification of industrialized building systems and mobile
structures under IC 22-15-4.
(5) Inspection of regulated amusement devices under IC 22-15-7.
(6) Application fees for variance requests under IC 22-13-2-11
and inspection fees for exemptions under IC 22-13-4-5.
(7) Except as provided in section 6.5 of this chapter, permitting
and inspection of regulated lifting devices under IC 22-15-5.
(8) Permitting and inspection of regulated boiler and pressure
vessels under IC 22-15-6.
(9) Licensing of boiler and pressure vessel inspectors under
IC 22-15-6-5.
(10) Licensing of elevator contractors, elevator inspectors, and
elevator mechanics under IC 22-15-5-6 through IC 22-15-5-16.
(b) Fee schedules set under this section must be sufficient to pay all
of the costs, direct and indirect, that are payable from the fund into
which the fee must be deposited, after deducting other money deposited
in the fund. In setting these fee schedules, the commission department
may consider differences in the degree or complexity of the activity
being performed for each fee.
(c) The fee schedule set for design releases issued under subsection
(a)(3) may not be changed more than one (1) time each year. The
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commission department may include in this fee schedule a fee for the
review of plans and specifications and, if a political subdivision does
not have a program to periodically inspect the construction covered by
the design release, a fee for inspecting the construction.
(d) The fee schedule set under subsection (a) for design releases
may provide that a portion of the fees collected shall be deposited in
the statewide fire and building safety education fund established under
section 3 of this chapter.
SECTION 364. IC 22-12-6-6.5, AS ADDED BY P.L.230-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 6.5. (a) The commission department may adopt
rules under IC 4-22-2 to set fees for a permit issued under
IC 22-15-5-4(c) if the acceptance inspection of the regulated lifting
device required by IC 22-15-5-4(c)(1)(A) is conducted by an inspector
who is not employed by the department.
(b) A fee under subsection (a) must be a lesser fee than that set
under section 6(a)(7) of this chapter.
(c) When determining a fee under subsection (a), the commission
department shall consider any savings the department will experience
as a result of a permit applicant using an inspector who is not employed
by the department, including savings related to department inspector
salaries, travel, and administrative costs.
SECTION 365. IC 22-12-6-7, AS AMENDED BY P.L.187-2021,
SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 7. (a) This section does not apply to a nonpublic
school (as defined in IC 20-18-2-12) or a school operated by a school
corporation (as defined in IC 20-18-2-16).
(b) The department shall charge an application fee set by rules
adopted by the commission department under IC 4-22-2 for
amusement and entertainment permits issued under IC 22-14-3.
(c) The department shall collect an inspection fee set by rules
adopted by the commission department under IC 4-22-2 whenever the
department conducts an inspection for a special event endorsement
under IC 22-14-3.
(d) Halls, gymnasiums, or places of assembly in which contests,
drills, exhibitions, plays, displays, dances, concerts, or other types of
amusement are held by colleges, universities, social or fraternal
organizations, lodges, farmers organizations, societies, labor unions,
trade associations, or churches are exempt from the fees charged or
collected under subsections (b) and (c), unless rental fees are charged
or collected.
(e) The fees set for applications or inspections under this section
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must be sufficient to pay all the direct and indirect costs of processing
an application or performing an inspection for which the fee is set. In
setting the fees, the commission department may consider differences
in the degree or complexity of the activity being performed for each
fee.
SECTION 366. IC 22-12-6-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 8. (a) The application
fee for a fireworks manufacturer, distributor, wholesaler, or importer
permit issued under IC 22-11-14-5 shall be set by rules adopted by the
commission department under IC 4-22-2.
(b) The application fee for a fireworks retail stand permit issued
under IC 22-11-14-7 shall be set by rules adopted by the commission
department under IC 4-22-2. The rules must exempt a nonprofit
corporation incorporated under IC 23-7-1.1 (before its repeal on
August 1, 1991) or IC 23-17 from the fee.
(c) The fees set for applications under this section must be sufficient
to pay all the direct and indirect costs of processing an application for
which the fee is set. In setting the fees, the commission department
may consider differences in the degree or complexity of the activity
being performed for each fee.
SECTION 367. IC 22-12-6-15, AS AMENDED BY P.L.1-2025,
SECTION 205, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 15. (a) As used in this section,
"credit card" means a bank card, debit card, charge card, prepaid card,
or other similar device used for payment.
(b) In addition to other methods of payment allowed by law, the
department may accept payment by credit card for certifications,
licenses, and fees, and other amounts payable to the following:
(1) The department.
(2) The fire prevention and building safety commission (before
its repeal).
(3) The Indiana homeland security foundation (before its repeal).
(c) The department may enter into appropriate agreements with
banks or other organizations authorized to do business in Indiana to
enable the department to accept payment by credit card.
(d) The department may recognize net amounts remitted by the bank
or other organization as payment in full of amounts due the department.
(e) The department may pay any applicable credit card service
charge or fee.
SECTION 368. IC 22-12-7-1, AS AMENDED BY P.L.238-2025,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 1. This chapter applies to the commission, the
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education board and every officer, employee, and agent of an office or
division within the department whenever the person has authority to
administer or enforce a law under IC 22-11 through IC 22-15,
IC 35-47.5, or IC 36-8-10.5.
SECTION 369. IC 22-12-7-12, AS AMENDED BY P.L.238-2025,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 12. (a) This section applies to an order issued by
an officer, employee, or agent of an office or division within the
department.
(b) The office or division issuing an order shall give a person who:
(1) is aggrieved by the order; and
(2) requests review of the order in verbal or written form;
an opportunity to informally discuss the order with the office or
division. Review under this subsection does not suspend the running of
the time period in which a person must petition under IC 4-21.5-3-7 to
appeal the order.
(c) The office or division issuing the order may, on its own initiative
or at the request of any person, modify its order or reverse the order.
(d) An order issued by an office or a division may be appealed to the
commission department under IC 4-21.5-3-7. A decision to deny a
request to modify or reverse an order under subsection (c) is not
appealable. However, orders issued under IC 22-14-2-7,
IC 22-14-2-7.5, or IC 36-8-10.5 are appealed to the education board.
(e) If an order is appealed, the agency that is responsible for
reviewing the order under subsection (d) or its designee shall conduct
all administrative proceedings under IC 4-21.5. In its proceedings, the
agency conducting the proceeding may modify the order to impose any
requirement authorized under this article or reverse the order.
SECTION 370. IC 22-12-7-15, AS ADDED BY P.L.160-2025,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 15. (a) Except as provided by subsection (c), if a
property is inspected by the department or plans were reviewed by the
department, neither the department nor a political subdivision may
require compliance with a new or different set of building, fire safety,
or equipment laws than were originally enforced by the department:
(1) before July 1, 2025; or
(2) two (2) years after the earlier of the date of the:
(A) initial inspection; or
(B) plan review.
(b) A child care home (as defined in IC 12-7-2-28.6) that was
licensed to operate in a Class 2 structure by the office of the secretary
of family and social services before July 1, 2025, may continue to
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operate in the structure notwithstanding the provisions of this article
and 675 IAC 13.
(c) Subsection (a) does not apply to any of the following:
(1) Any:
(A) fraud;
(B) material misrepresentation; or
(C) other act of bad faith;
that results in misapplication of the appropriate requirements.
(2) A change of use or occupancy of the structure or equipment.
(3) A condition imposed in a variance issued by the:
(A) department; or
(B) commission. state building commissioner.
(4) Any new construction, addition, or alteration of the structure
or equipment.
(5) A violation that would qualify for an emergency order under
section 6(a)(1) of this chapter.
(6) Any maintenance requirements.
SECTION 371. IC 22-13-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 2. "Building rule"
means a rule that:
(1) is adopted by the commission; department; and
(2) qualifies as a building law under IC 22-12-1-3.
SECTION 372. IC 22-13-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 3. "Fire safety rule"
means a rule that:
(1) is adopted by the commission; department; and
(2) qualifies as a fire safety law under IC 22-12-1-13.
SECTION 373. IC 22-13-2-2, AS AMENDED BY P.L.230-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. (a) Except as provided in IC 22-12-2.1 and
section 3.5 of this chapter, the commission department shall adopt
rules under IC 4-22-2 to adopt a statewide code of fire safety laws and
building laws.
(b) The commission Subject to IC 22-12-2.1, the department shall
adopt the following national codes or their equivalent by rules under
IC 4-22-2 and IC 22-13-2.5 (before its repeal):
(1) ANSI A10.4 (Safety Requirements for Personnel Hoists).
(2) ASME A17.1 (Safety Code for Elevators and Escalators, an
American National Standard).
(3) ASME A18.1 (Safety Standard for Platform Lifts and Stairway
Chairlifts, American National Standard).
(4) ASME QEI-1 (Standard for the Qualification of Elevator
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Inspectors, an American National Standard).
(5) The American Society of Civil Engineers (ASCE) Automated
People Mover Standard 21.
(6) ANSI A90.1 Safety Code for Manlifts.
(7) ASME A17.3 (Safety Code for Existing Elevators and
Escalators, an American National Standard).
(8) ASME A17.6 (Standard for Elevator Suspension,
Compensation, and Governor Systems).
(c) The commission shall review the subsequent edition of each
code adopted under subsection (b) within twenty-four (24) months after
the effective date of the subsequent edition.
(d) Except as provided in subsection (e), the commission may
amend the national codes as a condition of the adoption under
subsections (b) and (c).
(e) An amendment to the national code under subsection (d) may
not unreasonably impair public safety.
SECTION 374. IC 22-13-2-2.5 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 2.5. (a) Before January 1, 2020, the commission shall
adopt rules under IC 4-22-2 to replace the statewide residential code
for Class 2 structures that is included within the statewide code of fire
safety laws and building laws adopted under section 2 of this chapter.
(b) If the commission uses a national code as part of the adoption of
a replacement statewide residential code under subsection (a), the
commission shall amend the national code as a condition of the
adoption under subsection (a).
(c) The commission shall submit a report to the general assembly
not later than January 1, 2019, regarding the commission's work during
the previous year related to adoption of a replacement statewide
residential code under subsection (a). The report to the general
assembly must be submitted in an electronic format under IC 5-14-6.
SECTION 375. IC 22-13-2-2.6 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 2.6. Before January 1, 2021, the commission may adopt
rules under IC 4-22-2 to exempt a bunkhouse from being required to be
equipped with an automatic fire sprinkler system.
SECTION 376. IC 22-13-2-3, AS AMENDED BY P.L.155-2023,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 3. (a) The rules adopted under section 2 of this
chapter take precedence over:
(1) any rule adopted by a state agency that conflicts with the
commission's department's fire safety rules or building rules; and
(2) any ordinance or other regulation adopted by a political
subdivision that covers the same subject matter as the
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commission's department's fire safety rules or building rules.
(b) State agencies and political subdivisions may incorporate the
rules adopted by the commission department by reference into a rule,
ordinance, or other regulation. Notwithstanding IC 4-22-9-6, a
reference to the rules adopted by the commission, department, by
citation to the Indiana Administrative Code (IAC), shall be construed
to include all amendments as of the date that the reference is written
and any later amendments to that provision, unless accompanied by a
reference to a specific edition or supplement to the Indiana
Administrative Code.
(c) A city, town, or county may not adopt an ordinance that conflicts
with or includes more stringent or detailed requirements than the
commission's department's rules.
SECTION 377. IC 22-13-2-3.5, AS ADDED BY P.L.104-2018,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 3.5. (a) The following may not adopt rules
requiring the installation of an automatic fire sprinkler system in a
Class 2 structure:
(1) The commission. department.
(2) Another state agency.
(b) A political subdivision may not adopt an ordinance or other
regulation requiring the installation of an automatic fire sprinkler
system in a Class 2 structure.
SECTION 378. IC 22-13-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 4. If the commission
department finds duplication, conflict, or overlapping of responsibility
between:
(1) this article, IC 22-12, IC 22-14, IC 22-15, a fire safety rule, or
a building rule; and
(2) the rules adopted by another state agency;
the commission department shall notify the state agency, and the state
agency shall revise its rules to eliminate the duplication, conflict, or
overlap.
SECTION 379. IC 22-13-2-4.1, AS AMENDED BY P.L.187-2021,
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 4.1. (a) This section applies only to a plan review
for a design release performed:
(1) before construction of a Class 1 structure; and
(2) to determine compliance with the rules of the commission.
department.
(b) This section does not apply to a plan review for the issuance of
a building permit, an improvement permit, a fire protection system
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permit, or any other permit issued by a state agency or a city, town, or
county.
(c) A plan review for a design release must be:
(1) authorized under IC 22-15-3; and
(2) performed in compliance with the rules and objective criteria
adopted by the commission department under IC 22-15-3-1.
(d) If the commission department has certified that a city, town, or
county is qualified to perform a plan review for a design release under
IC 22-15-3, both of the following may perform the plan review for a
design release:
(1) The department.
(2) The city, town, or county.
However, only the entity described in subdivision (1) or (2) that
performs the initial plan review for a design release may charge a fee
for the plan review for a design release. The other entity shall not
charge a fee for the plan review for a design release.
SECTION 380. IC 22-13-2-5.6, AS ADDED BY P.L.155-2023,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 5.6. (a) As used in this section, "building code"
means a building code and includes the standards related to a building
code.
(b) As used in this section, "unit" means a county, city, or town.
(c) Beginning January 1, 2024, A unit may submit a proposal to the
commission department to amend any building code. that the
commission adopts or updates after December 31, 2023. A unit may
submit the proposal in hard copy or in an electronic form that is
acceptable to the commission. department. A proposal must include
the following:
(1) A resolution adopted by the unit to request an amendment to
the building code that:
(A) specifies the building code language to be amended; and
(B) states the safety issue that is the basis for the proposed
amendment.
(2) A fiscal analysis of the estimated cost or savings resulting
from the proposed building code amendment.
(d) The commission department shall hold one (1) meeting each
year to review and consider all proposals submitted by units at least
annually. A unit may submit a proposal at any time. However, the
commission shall review and consider only complete proposal
submissions that are received not later than sixty (60) days before the
date of a meeting in which proposals are considered.
(e) The commission shall:
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(1) place a proposal on the meeting agenda not later than thirty
(30) days before the date of the meeting in which the proposal is
considered; and
(2) take public testimony at the meeting.
(f) The commission may only adopt a proposed amendment upon an
affirmative vote of not less than two-thirds (2/3) of the members of the
commission present and voting as provided in IC 22-12-2-6.
(g) A building code amendment adopted by the commission under
this section is subject to IC 22-12-2.5-2.
SECTION 381. IC 22-13-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 7. (a) The commission
department may review and modify or reverse any variance or other
order that:
(1) is issued by a state agency or political subdivision; and
(2) covers a subject governed by this article, IC 22-12, IC 22-14,
IC 22-15, a fire safety rule, or a building rule.
(b) The commission department shall review variances granted by
a political subdivision to the fire safety laws and building laws adopted
in its ordinances. The variance is not effective until it is approved by
the commission. department.
(c) The commission department shall review orders under this
section that:
(1) are issued by a political subdivision; and
(2) concern a Class 2 structure;
if a person aggrieved by the order petitions for review under
IC 4-21.5-3-7 within thirty (30) days after the political subdivision has
issued the order.
(d) A copy of the petition under subsection (c) shall be delivered to
the political subdivision issuing the order.
(e) Review of an order under this section does not suspend the
running of the time period under any statute in which a person must
petition a court for judicial review of the order.
SECTION 382. IC 22-13-2-8, AS AMENDED BY P.L.93-2024,
SECTION 161, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 8. (a) The commission Subject to
IC 22-12-2.1, the department shall adopt rules under IC 4-22-2 to
create equipment laws applicable to regulated lifting devices.
(b) The commission Subject to IC 22-12-2.1, the department shall
adopt rules under IC 4-22-2 to create equipment laws applicable to
regulated boilers and pressure vessels.
(c) The commission Subject to IC 22-12-2.1, the department may
adopt rules under IC 4-22-2 to adopt by reference all or part of the
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following national boiler and pressure vessel codes:
(1) The American Society of Mechanical Engineers Boiler and
Pressure Vessel Code.
(2) The National Board of Boiler and Pressure Vessel Inspectors
Inspection Code.
(3) The American Petroleum Institute 510 Pressure Vessel
Inspection Code.
(4) Any subsequent editions of the codes listed in subdivisions (1)
through (3).
(d) The commission Subject to IC 22-12-2.1, the department shall
adopt rules under IC 4-22-2 to create equipment laws applicable to
regulated amusement devices.
SECTION 383. IC 22-13-2-8.5, AS AMENDED BY P.L.93-2024,
SECTION 162, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 8.5. (a) The commission Subject
to IC 22-12-2.1, the department shall adopt rules under IC 4-22-2 for
outdoor event equipment at outdoor performances to protect the safety
of persons at the outdoor performances. The commission department
may:
(1) exempt small assemblies of outdoor event equipment, as
defined by the commission, department, from some or all fees or
other requirements that otherwise would apply to outdoor event
equipment under a rule adopted under this section or another
building law; or
(2) establish alternative procedures, fees, or other requirements,
or any combination, for small assemblies of outdoor event
equipment, as defined by the commission. department.
(b) Subject to this section, a city, town, or county that regulated
outdoor event equipment before March 15, 2012, under an ordinance
adopted before March 15, 2012, may, if the ordinance is in effect on
March 15, 2012, continue to regulate outdoor event equipment under
the ordinance after March 14, 2012, in the same manner that the city,
town, or county applied the ordinance before March 15, 2012.
However, a statewide code of fire safety laws or building laws
governing outdoor event equipment that is adopted by the commission
department under this section after March 14, 2012, takes precedence
over any part of a city, town, or county ordinance that is in conflict with
the commission's department's adopted code. The ordinances to which
this section applies include Chapter 536 of the Revised Code of the
Consolidated City and County Indianapolis/Marion, Indiana Codified
through Ordinance No. 36, 2011, passed August 15, 2011. (Supp. No.
27). A city, town, or county to which this subsection applies need not
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be certified or approved under IC 22-15-3-1 or another law to continue
to regulate outdoor event equipment after March 14, 2012.
(c) This subsection applies to cities, towns, and counties described
in subsection (b) and any other city, town, or county that, after March
14, 2012, adopts an ordinance governing outdoor event equipment that
is approved by the commission department or the state building
commissioner. The city, town, or county shall require compliance with:
(1) the rules adopted under this section;
(2) orders issued under IC 22-13-2-11 that grant a variance to the
rules adopted under this section;
(3) orders issued under IC 22-12-7 that apply the rules adopted
under this section; and
(4) a written interpretation of the rules adopted under this section
binding on the unit under IC 22-13-5-3 or IC 22-13-5-4;
on both private and public property located within the boundaries of
the city, town, or county, including, in the case of a consolidated city,
the state fairgrounds. This subsection does not limit the authority of a
unit (as defined in IC 36-1-2-23) under IC 36-7-2-9 to enforce building
laws and orders and written interpretations related to building laws.
SECTION 384. IC 22-13-2-10, AS AMENDED BY P.L.187-2021,
SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 10. (a) A county, city, or town may regulate
regulated lifting devices if the unit's regulatory program is approved by
the commission. department.
(b) A unit must submit its ordinances and other regulations that
regulate lifting devices to the commission department for approval.
The ordinance or other regulation is not effective until it is approved by
the commission. department. If any of these ordinances or regulations
conflict with the commission's department's rules, the commission's
department's rules supersede the local ordinance or other regulation.
(c) A unit may issue permits only to applicants who qualify under
IC 22-15-5. However, the unit may specify a lesser fee than that set
under IC 22-12-6-6(a)(7).
(d) A unit must inspect regulated lifting devices with inspectors who
possess the qualifications necessary to be employed by the department
of homeland security as a regulated lifting device inspector.
SECTION 385. IC 22-13-2-11, AS AMENDED BY P.L.93-2024,
SECTION 163, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 11. (a) The department or the
commission may grant a variance to any rule adopted by the
commission. department. However, the commission may grant a
variance under this section only if the department places the
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application for the variance on the commission's agenda.
(b) To qualify for a variance, an applicant must pay the fee set under
IC 22-12-6-6 and file an application, on a form approved by the
department, that contains facts demonstrating that:
(1) compliance with the rule will impose an undue hardship upon
the applicant or prevent the preservation of an architecturally
significant or historically significant part of a building or other
structure; and
(2) either:
(A) noncompliance with the rule; or
(B) compliance with an alternative requirement approved by
the body considering the variance application;
will not be adverse to the public health, safety, or welfare.
(c) A variance granted under this section is conditioned upon
compliance with an alternative standard approved under subsection
(b)(2)(B).
(d) A variance granted under this section takes precedence over
conflicting rules adopted by a state agency and conflicting ordinances
and other regulations adopted by a political subdivision.
(e) Variances granted by the boiler and pressure vessel rules board
and the regulated amusement device safety board prior to July 1, 2019,
are valid and remain in full force and effect.
(f) The department shall make all variance applications available for
review on a public portal.
(g) Local fire and building officials shall receive notice of variance
applications filed under this section within their respective
jurisdictions.
(h) A local fire official, local building official, or other interested
party may submit documentation regarding a variance application to
the department or commission for review and consideration prior to an
initial determination being made on the application by the department.
or the commission.
(i) The department or commission shall wait at least five (5)
business days after a variance application is filed before making an
initial determination on the application.
(j) The commission department may adopt rules under IC 4-22-2
to implement this section.
SECTION 386. IC 22-13-2-11.5, AS AMENDED BY P.L.93-2024,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 11.5. (a) As used in this section,
"NFPA 72" refers to NFPA 72, National Fire Alarm and Signaling
Code, 2010 Edition, published by the National Fire Protection
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Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471.
(b) It is the intent of the general assembly that NFPA 72, as may be
amended by the commission department under subsection (c), be
incorporated into the Indiana Administrative Code. Not later than July
1, 2014, the commission department shall adopt rules under IC 4-22-2
to amend 675 IAC 28-1-28 to incorporate NFPA 72 into the Indiana
Administrative Code, subject to subsection (c)(1) and (c)(2).
Rulemaking under this section is subject to IC 22-12-2.1.
(c) In adopting rules to incorporate NFPA 72 into the Indiana
Administrative Code, as required by subsection (b), the commission
department may amend NFPA 72 as the commission department
considers appropriate. However, the rules finally adopted by the
commission department to comply with this section must do the
following:
(1) Incorporate the definition of, and associated requirements for:
(A) a managed facilities-based voice network (MFVN); and
(B) a public switched telephone network (PSTN);
as set forth in NFPA 72.
(2) Allow digital alarm communicator systems that make use of
a managed facilities-based voice network (MFVN) to transmit
signals from a fire alarm system to an offsite monitoring facility,
subject to the requirements for those systems set forth in NFPA
72.
(d) If the commission department does not comply with subsection
(b), the following apply: on July 1, 2014:
(1) The definition of, and associated requirements for:
(A) a managed facilities-based voice network (MFVN); and
(B) a public switched telephone network (PSTN);
as set forth in NFPA 72, are considered incorporated into the
Indiana Administrative Code. Any provisions of 675 IAC 28-1-28
(or any rules adopted by a state agency, or any ordinances or other
regulations adopted by a political subdivision) that conflict with
the definitions and requirements described in this subdivision are
superseded by the definitions and requirements described in this
subdivision. This subdivision continues to apply until the
commission department adopts rules that amend 675
IAC 28-1-28 to incorporate NFPA 72 into the Indiana
Administrative Code and that comply with subsection (c)(1) and
(c)(2).
(2) A person that after June 30, 2014, installs or uses a digital
alarm communicator system that:
(A) makes use of a managed facilities-based voice network
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(MFVN) to transmit signals from a fire alarm system to an
offsite monitoring facility; and
(B) meets the requirements for such a system set forth in
NFPA 72;
is not required to obtain a variance under section 11 of this
chapter for the installation or use.
SECTION 387. IC 22-13-2-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 12. (a) This section
applies if the commission department is authorized by statute to enter
into agreements with the federal government, another state, or foreign
country.
(b) An agreement under this section must be submitted to the
attorney general for approval. The attorney general shall approve the
agreement unless the attorney general finds that it does not comply
with the statutes. If the attorney general disapproves the agreement, the
attorney general shall give the commission department a detailed
statement indicating the basis for the disapproval. If the attorney
general fails to approve or disapprove the agreement within sixty (60)
days after it is submitted, it is considered approved.
SECTION 388. IC 22-13-2-13, AS AMENDED BY P.L.187-2021,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 13. (a) The commission department may adopt
rules under IC 4-22-2 to implement this article, IC 22-12, IC 22-14, and
IC 22-15.
(b) Any power of the state fire marshal or the department to adopt
rules to implement this article, IC 22-12, IC 22-14, and IC 22-15 shall
be exercised by the commission. department.
SECTION 389. IC 22-13-2-14, AS AMENDED BY P.L.249-2019,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 14. The commission or department may engage
in studies and consult with any person to implement this article,
IC 22-12, IC 22-14, and IC 22-15.
SECTION 390. IC 22-13-2-14.1, AS AMENDED BY P.L.187-2021,
SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 14.1. (a) The commission or department shall
consult with an industry expert to discuss a variance application or an
update to a rule or safety standard concerning:
(1) a boiler or pressure vessel; or
(2) a regulated amusement device.
(b) An industry expert for the purposes of consulting under
subsection (a)(1) must be:
(1) a professional engineer registered under IC 25-31; and
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(2) knowledgeable in and have experience with boiler and
pressure vessels.
SECTION 391. IC 22-13-2-15 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 15. (a) This section applies to any
property regulated by IC 22-12, this article, IC 22-14, IC 22-15, or
a rule of the department.
(b) The department shall authorize compliance with a more
recent version of a model code than that which is currently
incorporated into the rules of the department, as amended from
time to time under IC 22-12-2.1.
(c) To make an authorization under subsection (b), the
department must:
(1) specifically identify, by name and version, the model code
that is being authorized;
(2) include a finding that compliance with the more recent
version of the model code is not adverse to the health, safety,
or welfare of the public;
(3) identify any other associated model codes that must also be
complied with in lieu of the Indiana version; and
(4) file a notice in the Indiana Register containing the
information described in subdivisions (1) through (3).
(d) The department may impose conditions on an authorization
issued under this section necessary to ensure that the following are
maintained:
(1) The health, safety, or welfare of the public.
(2) The integrity of Indiana's regulatory program.
(e) The department may modify or eliminate any authorization
made under this section by filing an updated notice in the Indiana
Register. The modification or elimination of an authorization may
not take effect sooner than one hundred eighty (180) days after the
date of posting in the Indiana Register. The modification or
elimination of an authorization is subject to IC 4-21.5.
(f) Compliance with an authorization made under this section is
voluntary. However, if a person elects to comply with an
authorization, the failure to comply with any provision of the
authorization is a violation of the building, fire safety, or
equipment laws of Indiana.
SECTION 392. IC 22-13-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 1. The commission
department shall adopt fire safety rules that prohibit the following:
(1) The storage of regulated explosives (as defined in
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IC 35-47.5-2-13) in quantities exceeding the maximum quantity
specified by the commission. department.
(2) The storage of regulated explosives (as defined in
IC 35-47.5-2-13) at a site that is located less than the minimum
distance specified by the commission department from a
railroad, highway, or other place of habitation or assembly.
(3) The use of a receptacle, burning fixture or equipment, heating
fixture or equipment, or structure for an explosive, flammable, or
other combustible matter that does not meet the design and
composition standards specified by the commission. department.
(4) The keeping, storage, use, manufacture, sale, handling,
transportation, or disposition of an explosive, flammable, or other
combustible matter in violation of any other requirements
specified by the commission. department.
SECTION 393. IC 22-13-3-2, AS AMENDED BY P.L.187-2021,
SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. (a) This section applies to the following
laboratories:
(1) Analytical laboratories approved by the department under the
alternative criteria established by the commission department in
its rules.
(2) Laboratories that are:
(A) operated by a college, university, school, or other
educational entity for the purpose of instruction or research;
and
(B) approved by the department under the alternative criteria
established by the commission department in the rules.
(b) The commission department may:
(1) apply different rules to the manufacture of regulated
explosives (as defined in IC 35-47.5-2-13) in a laboratory
described in subsection (a) than apply to other places where
regulated explosives (as defined in IC 35-47.5-2-13) are
manufactured; and
(2) adopt rules under IC 4-22-2 to exempt laboratories described
in subsection (a) from the regulated explosive magazines permit
requirement under IC 35-47.5-4.
SECTION 394. IC 22-13-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 3. The commission
Subject to IC 22-12-2.1, the department shall adopt fire safety rules
that prohibit the occupancy or use of Class 1 structures that do not
comply with the commission's department's rules governing the
number, type, location, identification, repair, and maintenance of
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emergency exits, smoke detection devices, and other emergency
communication devices.
SECTION 395. IC 22-13-4 IS REPEALED [EFFECTIVE JULY 1,
2027]. (Standards for Building Rules; Exemption From Design Release
Requirement).
SECTION 396. IC 22-13-5-2, AS AMENDED BY P.L.187-2021,
SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. (a) Except as provided under subsection (c),
upon the written request of an interested person, the state building
commissioner of the department shall issue a written interpretation of
a building law or a fire safety law not later than ten (10) business days
after the date of receiving a request. An interpretation issued by the
state building commissioner must be consistent with building laws and
fire safety laws enacted by the general assembly or adopted by the
commission. department.
(b) The state building commissioner shall issue a written
interpretation of a building law or fire safety law under subsection (a)
whether or not the county or municipality has taken any action to
enforce the building law or fire safety law.
(c) If:
(1) an interested person submits a written or electronic request to
the state building commissioner for a written interpretation of a
building law or fire safety law applicable to a Class 2 structure;
and
(2) the state building commissioner is absent and unable to issue
a written interpretation within the time specified under subsection
(a);
the chair of the commission, or, if the chair is absent, the vice chair of
the commission, department shall issue the written interpretation not
later than ten (10) business days after the date of receiving the request.
SECTION 397. IC 22-13-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 3. (a) A written
interpretation issued under section 2 of this chapter binds the interested
person and the county or municipality with whom the interested person
has the dispute until the written interpretation is overruled in a
proceeding under IC 4-21.5.
(b) For purposes of IC 4-21.5, the commission department is the
ultimate authority regarding a written interpretation issued under
section 2 of this chapter.
SECTION 398. IC 22-13-5-4, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2027]: Sec. 4. (a) A written interpretation of a building law or
fire safety law binds all counties and municipalities if the state building
commissioner publishes the written interpretation of the building law
or fire safety law in the Indiana Register under IC 4-22-7-7(b). For
purposes of IC 4-22-7-7, a written interpretation of a building law or
fire safety law published by the state building commissioner is
considered adopted by an agency.
(b) A written interpretation of a building law or fire safety law
published under subsection (a) binds all counties and municipalities
until the earlier of the following:
(1) The general assembly enacts a statute that substantively
changes the building law or fire safety law interpreted or voids the
written interpretation.
(2) The commission department adopts a rule under IC 4-22-2 to
state a different interpretation of the building law or fire safety
law.
(3) The written interpretation is found to be an erroneous
interpretation of the building law or fire safety law in a judicial
proceeding.
(4) The state building commissioner publishes a different written
interpretation of the building law or fire safety law.
(c) The department or the state building commissioner shall create
an electronic data base for the purpose of cataloging all available
variance rulings by the commission or the department for the purpose
of making the information available to the public on the Internet web
site website of the department or the state building commissioner.
SECTION 399. IC 22-14-2-5, AS AMENDED BY P.L.187-2021,
SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 5. (a) The department shall carry out a program to
provide public information concerning fire prevention and maintain
data and statistics concerning fires and fire prevention activities.
(b) The department shall provide a copy of the fire safety rules
adopted by the commission department to the chief of each fire
department. The department may exclude, from the rules distributed
under this subsection, any text that is incorporated by reference into the
rules published in the Indiana Administrative Code.
SECTION 400. IC 22-14-3-4, AS AMENDED BY P.L.187-2021,
SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 4. (a) The department may modify an amusement
and entertainment permit with a special event endorsement that covers
one (1) or more events not specified in the initial permit.
(b) To qualify for a special event endorsement, an applicant must:
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(1) provide the information required by the commission;
department;
(2) demonstrate through an inspection that the special events
covered by the application will be conducted in compliance with
applicable fire safety laws; and
(3) pay the inspection fee set under IC 22-12-6-7.
SECTION 401. IC 22-14-7-17, AS ADDED BY P.L.82-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 17. The commission department may adopt a
subsequent ASTM Standard Test Method for Measuring the Ignition
Strength of Cigarettes upon a finding that the subsequent method does
not result in a change in the percentage of full length burns exhibited
by any tested cigarette when compared to the percentage of full length
burns the same cigarette would exhibit when tested in accordance with
ASTM Standard E2187-04 and the performance standard in section
13(c) of this chapter.
SECTION 402. IC 22-14-7-21, AS ADDED BY P.L.82-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 21. (a) Except as provided in subsection (d), each
manufacturer shall submit to the state fire marshal a written
certification attesting that:
(1) each cigarette listed in the certification has been tested as
required under section 13 or 15 of this chapter; and
(2) each cigarette listed in the certification meets the performance
standard in section 13(c) or 15 of this chapter.
(b) Each cigarette listed in the certification must include the
following information:
(1) Brand, or trade name on the package.
(2) Style, such as light or ultra light.
(3) Length in millimeters.
(4) Circumference in millimeters.
(5) Flavor, such as menthol, if applicable.
(6) Filter or nonfilter.
(7) Package description, such as soft pack or box.
(8) Marking under section 23 of this chapter.
(9) The name, address, and telephone number of the laboratory,
if different than the manufacturer that conducted the test.
(10) The date that the testing occurred.
(c) The certifications must be made available to the attorney general
for purposes consistent with this chapter and the department of state
revenue and the alcohol and tobacco commission for the purposes of
ensuring compliance with this section.
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(d) Notwithstanding subsection (a), the state fire marshal may
accept as evidence of compliance with this chapter a certification
issued to:
(1) the New York State Department of State's Office of Fire
Prevention and Control; or
(2) the responsible entity of another state that has:
(A) substantially equivalent certification requirements relating
to reduced ignition propensity cigarettes; and
(B) the same test method and performance standard
requirements as provided in sections 13 and 15 of this chapter.
(e) Each cigarette listed in a certification submitted under this
section must be recertified every three (3) years.
(f) For each brand family listed in a certification submitted under
subsection (a) or (d), a manufacturer shall pay a fee to the state fire
marshal of eight hundred dollars ($800). The state fire marshal may
adjust the fee every three (3) years to ensure that the fee defrays the
actual costs of the processing, testing, enforcement, and oversight
activities required by this chapter under rules adopted by the fire
prevention and building safety commission. department. However, the
fee for each brand family may not exceed one thousand dollars
($1,000).
(g) If a manufacturer has certified a cigarette under this section, and
after submitting the certification, makes a change to the cigarette that
is likely to alter the cigarette's compliance with the reduced cigarette
ignition propensity standards required by this chapter, that cigarette
may not be sold or offered for sale in Indiana until the manufacturer
retests the cigarette under the testing standards in section 13 or 15 of
this chapter and maintains records of that retesting as required by
section 16 of this chapter. An altered cigarette that does not meet the
performance standard in section 13 or 15 of this chapter may not be
sold in Indiana.
SECTION 403. IC 22-14-7-29, AS ADDED BY P.L.82-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 29. The commission department may adopt rules
under IC 4-22-2 to implement this chapter.
SECTION 404. IC 22-14-8-2, AS ADDED BY P.L.217-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. As used in this chapter, "NFPA 855" refers to:
(1) the 2023 edition of NFPA 855, Standard for the Installation of
Stationary Energy Storage Systems, as adopted by the National
Fire Protection Association; or
(2) if the commission department adopts a rule under IC 4-22-2
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to amend:
(A) the 2023 edition; or
(B) any subsequent edition;
of NFPA 855, the version of NFPA 855 as amended by the
commission. department.
SECTION 405. IC 22-14-8-7, AS ADDED BY P.L.217-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 7. The total capacity of the batteries contained
within a single enclosure in:
(1) a utility scale battery energy storage system installation of
which is subject to department approval under section 4(a)(1) of
this chapter; or
(2) an installation added to an existing utility scale battery energy
storage system in an expansion for which department approval is
required under section 4(a)(2) of this chapter;
may not exceed ten (10) megawatt hours unless authorized under rules
adopted by the commission department under this chapter.
SECTION 406. IC 22-14-8-10, AS AMENDED BY P.L.93-2024,
SECTION 166, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 10. (a) The commission
department may adopt rules under IC 4-22-2 to implement this chapter
and to specify standards for the installation and operation of utility
scale battery energy storage systems consistent with:
(1) this chapter; and
(2) NFPA 855.
(b) Rules adopted by the commission department under subsection
(a) must include standards for:
(1) chemical spill prevention and control; and
(2) appropriate setbacks from surface water resources;
for the installation and expansion of utility scale battery energy storage
systems, as necessary to protect soil and surface water resources from
chemicals contained in or produced by utility scale battery energy
storage systems. In establishing the standards described in this
subsection, the commission department shall consult with the
department of environmental management or the department of natural
resources, as appropriate.
SECTION 407. IC 22-15-1-2, AS AMENDED BY P.L.22-2005,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. (a) This section applies to a provision of this
article, IC 22-12, IC 22-13, IC 22-14, or a rule of the department
that requires an applicant for a release, certification, registration,
permit, approval, or other license to:
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(1) demonstrate that the person is in compliance with all building
laws, fire safety laws, or equipment laws; or
(2) submit proof or certify that a person is acting or will act in
conformity with all building laws, fire safety laws, or equipment
laws.
(b) Compliance with either:
(1) the conditions of a variance issued under IC 22-13-2-11; or
(2) an authorization made under IC 22-13-2-15;
shall be treated under this article as compliance with the building law,
fire safety law, or equipment law from which the variance or
authorization is granted.
SECTION 408. IC 22-15-2-6, AS AMENDED BY P.L.187-2021,
SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 6. (a) To carry out the department's
responsibilities, the department or an employee or another agent of the
department may:
(1) exercise any program of supervision that is approved by the
commission, department, if the responsibility involves the
administration or enforcement of a building law;
(2) enter and inspect any property, at a reasonable hour;
(3) issue and enforce administrative orders under IC 22-12-7 and
apply for judicial orders under IC 22-12-7-13; and
(4) cooperate with law enforcement officers and political
subdivisions that have jurisdiction over a matter.
(b) To carry out the state building commissioner's responsibilities,
the state building commissioner shall issue a written interpretation of
any building law under IC 22-13-5.
SECTION 409. IC 22-15-3-1, AS AMENDED BY P.L.187-2021,
SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 1. (a) The state building commissioner or a city,
town, or county certified under subsection (d) shall issue a design
release for the construction of a Class 1 structure to an applicant who
qualifies under section 2 or 3 of this chapter.
(b) The state building commissioner shall issue a design release for
the fabrication of an industrial building system or mobile structure
under section 4 of this chapter.
(c) A design release issued under this chapter expires on the date
specified in the rules adopted by the commission. department.
(d) The commission department may certify a city, town, or county
as qualified to issue design releases, if the city, town, or county:
(1) is competent under the commission's department's objective
criteria; and
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(2) has adopted the rules of the commission department under
IC 22-13-2-3.
(e) A city, town, or county that is certified by the commission
department under subsection (d) may issue design releases. A design
release issued by a certified city, town, or county must be:
(1) in accordance with the commission's department's objective
criteria; and
(2) for a construction type for which the city, town, or county is
certified.
All records held by a certified city, town, or county that pertain to the
design release must be submitted to the department to be held in a
central repository.
SECTION 410. IC 22-15-3-2, AS AMENDED BY P.L.187-2021,
SECTION 100, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 2. To qualify for a design release
under this section, an applicant must:
(1) demonstrate, through the submission of plans and
specifications for the construction covered by the application, that
the construction will comply with all applicable building laws and
fire safety laws;
(2) pay the fees set under IC 22-12-6-6;
(3) have the plans and specifications:
(A) prepared by a registered architect or professional engineer
who is:
(i) competent to design the construction covered by the
application as determined by the department; and
(ii) registered under IC 25-4 or IC 25-31;
(B) include on each page of all drawings and the title page of
all specifications the seal of the registered architect or
professional engineer described by clause (A) or the person's
technical or professional staff; and
(C) filed by the registered architect or professional engineer
described by clause (A) or the person's technical or
professional staff; and
(4) submit a certificate prepared on a form provided by the
department and sworn or affirmed under penalty of perjury by the
registered architect or professional engineer described in
subdivision (3)(A):
(A) providing an estimate of the cost of the construction
covered by the application, its square footage, and any other
information required under the rules of the commission;
department;
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(B) stating that the plans and specifications submitted for the
application were prepared either by or under the immediate
supervision of the person making the statement;
(C) stating that the plans and specifications submitted for the
application provide for construction that will meet all building
laws; and
(D) stating that the construction covered by the application
will be subject to inspection at intervals appropriate to the
stage of the construction by a registered architect or
professional engineer identified in the statement for the
purpose of determining in general if work is proceeding in
accordance with the released plans and specifications.
SECTION 411. IC 22-15-3-3, AS AMENDED BY P.L.87-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 3. (a) This section applies only to an application
for a design release to construct:
(1) a Class 1 structure with thirty thousand (30,000) or fewer
cubic feet of space;
(2) an addition to a Class 1 structure, if the addition adds thirty
thousand (30,000) or fewer cubic feet of space;
(3) an alteration to a Class 1 structure, if the alteration does not
involve changes affecting the structural safety of the Class 1
structure; or
(4) an installation or alteration of an automatic fire sprinkler
system in a Class 1 structure by persons qualified pursuant to
rules set forth by the fire prevention and building safety
commission. department.
(b) The design release requirements under subsection (c) do not
apply for any construction that is otherwise exempted under 675
IAC 12-6-4(b), even if the construction is:
(1) a part of;
(2) supplemental to; or
(3) an accessory of;
any other construction that would otherwise require a design release.
(c) To qualify for a design release under this section, an applicant
must do the following:
(1) Demonstrate, through the submission of plans and
specifications for the construction covered by the application, that
the construction will comply with all applicable building laws and
fire safety laws.
(2) Pay the fees set under IC 22-12-6-6.
SECTION 412. IC 22-15-3-4, AS AMENDED BY P.L.22-2005,
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SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 4. (a) This section applies to a design release for
the fabrication of a model or other series of similar industrialized
building systems or mobile structures.
(b) To qualify for a design release under this section, an applicant
must:
(1) demonstrate, through the submission of plans and
specifications for the construction covered by the application, that
the construction will comply with all applicable building laws and
fire safety laws;
(2) have the submitted plans and specifications prepared by an
architect registered under IC 25-4 or a professional engineer
registered under IC 25-31, if required under the rules adopted by
the commission; department; and
(3) pay the fees set under IC 22-12-6-6.
SECTION 413. IC 22-15-3-5, AS AMENDED BY P.L.187-2021,
SECTION 101, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 5. (a) This section does not
authorize a variance from any rule adopted by the commission.
department.
(b) The rules adopted by the commission department do not
prevent the use of:
(1) materials;
(2) methods of construction; or
(3) design procedures;
if they are not specifically prohibited in the rules and if they are
approved under subsection (c).
(c) The state fire marshal and the department may, in the review of
an application for a design release, consider as evidence of compliance
with the rules adopted by the commission department any evaluation
report that:
(1) contains limitations, conditions, or standards for alternative
materials, methods of construction, or design procedures; and
(2) is published by an independent, nationally recognized testing
laboratory or other organization that is approved under the rules
adopted by the commission. department.
SECTION 414. IC 22-15-3-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 7. (a) This section does
not apply to construction that is exempted from this section in the rules
adopted by the commission under IC 22-13-4. department.
(b) This section applies to the following:
(1) Each person who engages in the construction.
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(2) Each person who has control over the construction.
(3) Each person who has control over the Class 1 structure
industrialized building system or mobile home that is constructed.
(c) A person described in subsection (b) commits a Class C
infraction if:
(1) a Class 1 structure is constructed, or construction is begun, at
the site where it is to be used; and
(2) no design release issued under section 2 or 3 of this chapter
covers the construction.
(d) A person described in subsection (b) commits a Class C
infraction if:
(1) an industrialized building system or a mobile structure is
fabricated; and
(2) no design release issued under section 4 of this chapter covers
the fabrication.
SECTION 415. IC 22-15-3.2-7, AS AMENDED BY P.L.238-2025,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 7. (a) A design release shall be issued to an
applicant without a plan review if:
(1) the applicant submits a complete application and (2) the
department does not select the application for a plan review under
this section; or
(2) the applicant self-certifies as provided in IC 22-15-3.5.
(b) The department may select any application for design release to
be subject to a plan review. The department has complete discretion in
the criteria used by the department to select a design release
application for a plan review. A criterion used by the department may
be whether the design professional has received disciplinary sanctions
under IC 25-1-11-12 within the preceding five (5) years.
(c) Not later than July 1, 2025, 2027, the department shall identify
and publish a complete list of projects the types of plans that qualify
under subsection (a)(2) (a)(1) for release without a plan review.
SECTION 416. IC 22-15-3.2-11, AS AMENDED BY P.L.187-2021,
SECTION 109, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 11. (a) This section applies if the
results of a plan review reveal that a design professional knowingly or
recklessly submitted plans or specifications containing one (1) or more
violations of the rules of the commission department that are
determined by the department and the commission to pose a wanton
and willful disregard for the public health, safety, or welfare.
(b) The provisions regarding the time limitations for review and
notice under this chapter do not apply, and the department is not
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required to issue a design release and confirmation number for
providing notice. The department shall send written notice of its
determination to:
(1) the design professional's licensing or registration authority
under IC 25-4-1 or IC 25-31, as appropriate, for the purpose of
conducting a hearing under IC 4-21.5 to determine if action under
IC 4-21.5-3-8 is appropriate;
(2) the design professional; and
(3) the project owner or general contractor on whose behalf the
application was submitted.
(c) An applicant that receives notice under subsection (b) may
withdraw the application and submit a new application and plans to the
department that are prepared by a different design professional.
Withdrawal of an application does not affect any disciplinary action
against the professional of record that prepared the plans described in
subsection (a).
SECTION 417. IC 22-15-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]:
Chapter 3.5. Self-certification by Design Professional
Sec. 1. The definitions in IC 22-15-3.2 apply throughout this
chapter.
Sec. 2. (a) Notwithstanding any other law, an applicant for a
construction project requiring a design release for a Class 1
structure under IC 22-15-3 may satisfy the design release
requirement through self-certification.
(b) Self-certification may be used only for projects that are
required to be signed and sealed by an Indiana registered design
professional. The department may exclude projects from
self-certification that involve high-hazard occupancies, essential
facilities, or other structures determined to pose an elevated risk
to life safety.
Sec. 3. To self-certify a project, an applicant for a design release
must:
(1) be an Indiana registered design professional in good
standing with the applicable registration board;
(2) be a registered design professional for at least five (5)
years;
(3) have completed at least five (5) projects in Indiana as the
registered design professional of record or as the registered
design professional responsible for the production of the
construction documents; and
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(4) maintain professional liability insurance of at least five
hundred thousand dollars ($500,000) per claim and one
million dollars ($1,000,000) aggregate.
Sec. 4. The department shall develop an electronic application
form for self-certifying applicants.
Sec. 5. The certifying design professional shall:
(1) perform a comprehensive review of the construction
documents; and
(2) submit to the department a signed certification, under
penalty of perjury, affirming that the plans comply with all
applicable state building codes and rules.
Sec. 6. Upon receipt of a complete certification and required
documentation, the department shall, not later than the next
business day, provide to the applicant:
(1) a copy of the design release; or
(2) a confirmation number that serves as a temporary design
release until the applicant receives a copy of the design
release;
without conducting a technical plan review.
Sec. 7. The department may:
(1) audit self-certified projects;
(2) require corrective action for noncompliance;
(3) revoke or suspend a professional's authority to provide
certifications; and
(4) refer violations to the appropriate licensing board or
impose civil penalties as authorized by law.
Sec. 8. The department may collect plan review fees for projects
that are released without a plan review.
Sec. 9. Nothing in this chapter limits the authority of state or
local inspection officials to conduct inspections or enforce
compliance during construction.
Sec. 10. An applicant who is qualified to self-certify may apply
for a design release under:
(1) this chapter; or
(2) IC 22-15-3.
Sec. 11. Participation in the self-certification program is
voluntary. Nothing in this chapter prohibits the department from
reviewing or not reviewing an application in accordance with
IC 22-15-3.
SECTION 418. IC 22-15-4-1, AS AMENDED BY P.L.187-2021,
SECTION 112, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 1. (a) The department shall certify
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an industrialized building system for use in Indiana to an applicant who
qualifies under this section. If an applicant qualifies for certification
under this section, the department shall provide the applicant with a
seal for the certified industrial building system.
(b) To qualify for a certification under this section, an applicant
must:
(1) submit proof that the department has issued a design release
under IC 22-15-3 for the model or series of industrialized building
systems being constructed;
(2) demonstrate, in an in-plant inspection, that the industrialized
building system covered by the application has been constructed
in conformity with all applicable building laws and fire safety
laws; and
(3) pay the fee set by the commission department under
IC 22-12-6-6.
(c) The exemption under IC 22-13-4-2 applies to an industrialized
building system certified under this section.
SECTION 419. IC 22-15-4-2, AS AMENDED BY P.L.187-2021,
SECTION 113, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 2. (a) The department shall certify
a mobile structure for sale and use in Indiana for an applicant who
qualifies under this section. If an applicant qualifies for certification
under this section, the department shall provide the applicant with a
seal for the certified mobile structure.
(b) To qualify for certification under this section, an applicant must:
(1) submit proof that the department has issued a design release
under IC 22-15-3 for the model or series of mobile structures
being constructed;
(2) demonstrate, in an in-plant inspection, that the mobile
structure covered by the application has been constructed in
conformity with all applicable building laws and fire safety laws;
(3) certify in an affidavit that a seal provided by the department
will not be attached to a mobile structure that does not conform
to the requirements adopted by the commission department in its
rules; and
(4) pay the fee set by the commission department under
IC 22-12-6-6.
(c) The exemption under IC 22-13-4-2 applies to a mobile structure
certified under this chapter.
SECTION 420. IC 22-15-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 3. The commission
department may authorize any qualified person to conduct inspections
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and issue certifications under this chapter.
SECTION 421. IC 22-15-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 5. A person who offers
to sell or sells for money or other consideration a mobile structure that:
(1) is manufactured after:
(A) January 1, 1972, if the mobile structure is designed to be
a dwelling; or
(B) June 30, 1987, if the mobile structure is not designed to be
a dwelling; and
(2) is kept or transported without:
(A) a seal issued under IC 9-8-1.5 (before its repeal on July 1,
1987) or section 2 or 4 of this chapter; and
(B) an affidavit from the manufacturer (if the mobile structure
was manufactured in Indiana or the mobile structure was
manufactured outside Indiana and has not been used by its
owner) or a dealer who has sold at least three (3) mobile
structures in the previous twelve (12) month period (if the
mobile structure was manufactured outside Indiana and the
mobile structure has been used by its owner) that states that
the mobile structure meets or exceeds the applicable
requirements adopted by the commission department in its
rules or an agreement under IC 22-13-2-12;
commits a Class C infraction.
SECTION 422. IC 22-15-4-6, AS AMENDED BY P.L.187-2021,
SECTION 114, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 6. A person who offers to sell or
sells a mobile structure that:
(1) was certified under IC 9-8-1.5 (before its repeal on July 1,
1987) or certified by the department under section 2 or 4 of this
chapter; and
(2) has been altered or converted in violation of a rule adopted by
the commission; department;
commits a Class C infraction.
SECTION 423. IC 22-15-5-1, AS AMENDED BY P.L.187-2021,
SECTION 115, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 1. (a) The department shall issue a
regulated lifting device installation or alteration permit to an applicant
who qualifies under this section.
(b) To qualify for a permit under this section, an applicant must
meet the following requirements:
(1) Demonstrate through the submission of complete plans,
including:
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(A) copies of specifications and accurately scaled and fully
dimensioned plans showing the location of the installation in
relation to the plans and elevation of the building;
(B) plans showing the location of the machine room and the
equipment to be installed, relocated, or altered;
(C) plans showing the structural supporting members,
including foundations; and
(D) a specification of all materials employed and loads to be
supported or conveyed;
that the installation or alteration covered by the application will
comply with all applicable equipment laws. All plans and
specifications must be sufficiently complete to illustrate all details
of construction and design.
(2) Pay the fee set under IC 22-12-6-6(a)(7).
(3) Be the holder of a current elevator contractor license, if
applicable, as set forth under IC 22-15-5-7.
(c) A copy of the permit shall be kept at the construction site at all
times while the work is in progress.
(d) The regulated lifting device must be installed or altered in
compliance with:
(1) applicable codes; and
(2) the details of the application, plans, specifications, and
conditions of the permit.
(e) The regulated lifting device must be installed or altered under
the direction and control of a licensed contractor. The elevator
contractor does not have to be present at the site.
(f) The responsibilities of the department under this section may be
carried out by a political subdivision that is approved by the
commission department under IC 22-13-2-10.
SECTION 424. IC 22-15-5-3, AS AMENDED BY P.L.187-2021,
SECTION 116, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 3. (a) All regulated lifting devices
shall be registered under this section.
(b) The department shall issue a registration for a regulated lifting
device to an applicant who qualifies under this section.
(c) To register a regulated lifting device under this section, an
applicant must submit, on a form approved by the department, the
following information:
(1) Type, rated load and speed, name of manufacturer, location,
and the nature of the use of the regulated lifting device.
(2) Any information required under the rules adopted by the
commission. department.
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SECTION 425. IC 22-15-5-4, AS AMENDED BY P.L.187-2021,
SECTION 117, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 4. (a) The department shall carry
out a program for the periodic inspection of regulated lifting devices
being operated in Indiana. A regulated lifting device may not be
operated without an operating certificate that covers the operation of
the regulated lifting device.
(b) A permit issued under this section expires on the earlier of:
(1) one (1) year after issuance; or
(2) when the regulated lifting device is altered.
(c) After a regulated lifting device has been installed or altered, an
applicant shall apply for an initial operating certificate. The department
shall issue an initial operating certificate for a regulated lifting device
if:
(1) the applicant demonstrates:
(A) through an acceptance inspection made by an elevator
inspector licensed under section 11 of this chapter that the
regulated lifting device covered by the application complies
with the laws governing its construction, repair, maintenance,
and operation; and
(B) that the applicant has paid the fee set under
IC 22-12-6-6(a)(7); and
(2) the department verifies, through an inspection, that the
regulated lifting device complies with the laws governing the
construction, repair, maintenance, and operation of the regulated
lifting device.
(d) The department shall issue a renewal operating certificate if the
applicant:
(1) demonstrates through the completion of applicable safety tests
that the regulated lifting device complies with the laws governing
the construction, repair, maintenance, and operation of the
regulated lifting device;
(2) submits results of all applicable safety tests, including failed
safety tests for the regulated lifting device; and
(3) has paid the fee set under IC 22-12-6-6(a)(7).
(e) The department may issue a temporary operating permit to an
applicant under this section who does not comply with subsection
(c)(1)(A) for a new or altered regulated lifting device or subsection
(d)(1) for an existing unaltered regulated lifting device. The applicant
must pay the fee set under IC 22-12-6-6(a)(7) to qualify for the
temporary operating permit. Except as provided in subsection (f), the
permit, including all renewal periods, is limited to sixty (60) days.
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(f) The department may renew a temporary operating permit issued
under subsection (e) for thirty (30) day periods during the construction
of a building if the regulated lifting device is used for the transportation
of construction personnel, tools, and materials.
(g) The responsibilities of the department under this section may be
carried out by a political subdivision that is approved by the
commission department under IC 22-13-2-10.
(h) A copy of the operating certificate shall be displayed in or on
each regulated lifting device or in an associated machine room. In
addition to the requirements of this subsection, the two-dimensional bar
code assigned to an elevator shall be displayed in or on each elevator
in a location that is easily viewed and scanned by a person riding on the
elevator.
(i) A licensed elevator mechanic shall perform the maintenance on
a regulated lifting device.
SECTION 426. IC 22-15-5-6, AS AMENDED BY P.L.2-2007,
SECTION 309, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 6. (a) The following definitions
apply to sections 7 through 16 of this chapter:
(1) "Competency examination" means an examination that
thoroughly tests the scope of the knowledge and skill of the
applicant for the license.
(2) "Elevator apprentice" means an individual who works under
the direct supervision of a licensed elevator mechanic. The term
includes an individual commonly known as an elevator helper
while working under the direct supervision of a licensed elevator
mechanic.
(3) "Elevator contractor" means a person who alone or with other
persons, constructs, repairs, alters, remodels, adds to, subtracts
from, or improves a regulated lifting device and who is
responsible for substantially all the regulated lifting devices
within the entire project, or who fabricates elevator lifting devices
substantially completed and ready for installation.
(4) "Elevator inspector" means an individual who conducts the
acceptance inspection of a regulated lifting device required by
section 4(c)(1)(A) of this chapter.
(5) "Elevator mechanic" means an individual who engages in the
construction, reconstruction, alteration, maintenance, mechanical,
or electrical work or adjustments of a regulated lifting device.
(6) "License" means a certificate issued by the department that
confers upon the holder the privilege to act as an elevator
contractor, elevator inspector, or elevator mechanic.
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(7) "Licensing program" means the program for licensing elevator
contractors, elevator inspectors, and elevator mechanics
established under this section and sections 7 through 16 of this
chapter.
(8) "Municipality" has the meaning set forth in IC 36-1-2-11.
(9) "Person" means:
(A) a natural person;
(B) the partners or members of a partnership or a limited
partnership;
(C) a state educational institution; or
(D) a corporation or the officers, directors, and employees of
the corporation.
(10) "Practitioner" means a person that holds:
(A) an unlimited license;
(B) a limited or probationary license;
(C) a temporary license;
(D) an emergency license; or
(E) an inactive license.
(b) The commission and the department shall establish a program
to license elevator contractors, elevator mechanics, and elevator
inspectors.
(c) The department shall issue a license as an elevator contractor, an
elevator mechanic, or an elevator inspector to a person who qualifies
and complies with the provisions of the licensing program. A person
who receives a license under this chapter is subject to the supervision
and control of the department.
(d) The department may contract with public and private
institutions, agencies, businesses, and organizations to implement all
or part of its duties established under this chapter.
(e) The commission department may adopt rules under IC 4-22-2
to implement the licensing program.
SECTION 427. IC 22-15-5-7, AS AMENDED BY P.L.230-2019,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 7. (a) An individual may not act as an elevator
contractor unless the individual:
(1) holds an elevator contractor license issued under this chapter;
or
(2) is an employee of a partnership, a limited partnership, a
corporation, or a state educational institution that holds an
elevator contractor license issued under this chapter.
(b) A partnership, a limited partnership, a corporation, or a state
educational institution may not act as an elevator contractor unless it
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holds an elevator contractor license issued under this chapter.
(c) An individual who is an applicant for an elevator contractor
license shall:
(1) hold a valid elevator contractor license issued by another state
that has a licensing program that, as determined by the
department, or the commission, is equivalent to the elevator
contractor licensing program established under this chapter; or
(2) except as otherwise provided, satisfy both of the following
requirements:
(A) Have at least five (5) years of documented work
experience in the elevator industry in construction,
maintenance, and service or repair in Indiana.
(B) Successfully complete a written competency examination
approved by the commission. department.
(d) A corporation or a state educational institution that is an
applicant for an elevator contractor license must have at least one (1)
officer or employee of the corporation or a state educational institution
that holds a valid elevator contractor license issued under this chapter.
A license granted to a corporation or a state educational institution to
act as an elevator contractor under this chapter becomes invalid when
an officer or employee of the corporation or state educational
institution no longer holds a valid elevator contractor license issued
under this chapter.
(e) A partnership or limited partnership that is an applicant for an
elevator contractor license must have at least one (1) partner or general
partner that holds a valid elevator contractor license issued under this
chapter. A license granted to a partnership or limited partnership to act
as an elevator contractor under this chapter becomes invalid when the
partner of a partnership or general partner of a limited partnership
named in the application no longer holds a valid elevator contractor
license as provided by this chapter.
SECTION 428. IC 22-15-5-11, AS AMENDED BY P.L.230-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 11. (a) An individual may not act as an elevator
inspector unless the individual holds an elevator inspector license
issued under this chapter.
(b) An individual who is an applicant for an elevator inspector
license shall meet the standards set forth in American Society of
Mechanical Engineers (ASME) American National Standard QEI-1
(Standard for the Qualification of Elevator Inspectors) or other
nationally accepted standard qualifying authority that the commission
department has determined has equivalent requirements as ASME
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QEI-1 for obtaining and retaining certification.
(c) An applicant for an initial elevator inspector license must do the
following:
(1) Submit to the department an application provided by the
department that contains the following information:
(A) The name, address, telephone number, and electronic mail
address of the applicant.
(B) Any other information the department requires.
(2) Submit to the department any proof of eligibility the
department requires.
(3) Demonstrate proof of insurance as required by section 14 of
this chapter.
(4) Pay the license fee established under IC 22-12-6-6. The
license fee is nonrefundable and must be paid each time an
applicant submits an application.
(5) Affirm under penalty of perjury that all information provided
to the department is true to the best of the applicant's knowledge
and belief.
(d) An applicant for a renewal elevator inspector license shall:
(1) Submit to the department an application provided by the
department that contains the following information:
(A) The name, address, telephone number, and electronic mail
address of the applicant.
(B) Any other information the department requires.
(2) Submit proof of completion of the continuing education
required by section 15 of this chapter.
(3) Demonstrate proof of insurance as required by section 14 of
this chapter.
(4) Pay the license fee established under IC 22-12-6-6. The
license fee is nonrefundable and must be paid each time an
applicant submits an application.
(5) Affirm under penalty of perjury that all information provided
to the department is true to the best of the applicant's knowledge
and belief.
(e) An initial elevator inspector license issued under this chapter
expires on December 31 of the second year after the license was issued.
(f) A renewal of an elevator inspector license is valid for two (2)
years.
(g) An individual who engages in the business of an elevator
inspector shall carry the individual's license and present the license for
inspection by a representative of the department upon request.
(h) If the QEI-1 certification or other certification standard approved
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by the commission department that made the individual eligible for an
inspector license under subsection (b):
(1) is terminated;
(2) expires; or
(3) becomes invalid for any other reason;
the elevator inspector's license immediately becomes invalid.
SECTION 429. IC 22-15-5-12, AS AMENDED BY P.L.230-2019,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 12. (a) An individual may not act as an elevator
mechanic unless the individual holds an elevator mechanic license
issued under this chapter. A license is not required for an elevator
apprentice.
(b) An individual who is an applicant for an elevator mechanic
license must meet one (1) of the following eligibility criteria:
(1) Hold an active elevator mechanic license issued by a state that
the commission department has determined has a licensing
program that is at least equivalent to the elevator mechanic
licensing program established under this chapter.
(2) Satisfy both of the following:
(A) Have at least one (1) of the following types of work
experience or training:
(i) Have at least three (3) years of documented work
experience in the elevator industry in construction,
maintenance, and service or repair.
(ii) Have at least eighteen (18) months experience in the
elevator industry in construction, maintenance, and service
or repair and have at least three (3) years experience in a
related field that is certified by a licensed elevator
contractor.
(iii) Complete an apprenticeship program that is registered
with the Bureau of Apprenticeship and Training of the
United States Department of Labor or a state apprenticeship
program and that the commission department determines
is at least equivalent to three (3) years of work experience in
the elevator industry in construction, maintenance, and
service or repair.
(B) Successfully complete a written competency examination
approved by the commission. department.
(3) Successfully complete an elevator mechanic's program that
consists of a combination of extensive training and a
comprehensive examination that the commission department has
determined is at least equivalent to both the work experience
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required under subdivision (2)(A)(i) and the competency
examination established under subdivision (2)(B).
(c) An applicant for an initial elevator mechanic license must do the
following:
(1) Submit to the department an application provided by the
department that contains the following information:
(A) The name, business address, telephone number, and
electronic mail address of the applicant.
(B) Any other information the department requires.
(2) Submit to the department any proof of eligibility the
department requires.
(3) Pay the nonrefundable and nontransferable license fee
established under IC 22-12-6-6.
(4) Affirm under penalty of perjury that all information provided
to the department is true to the best of the applicant's knowledge
and belief.
(d) An applicant for a renewal elevator mechanic license must do
the following:
(1) Submit to the department an application provided by the
department that contains the following information:
(A) The name, business address, telephone number, and
electronic mail address of the applicant.
(B) Any other information the department requires.
(2) Submit proof of completion of the continuing education
required by section 15 of this chapter.
(3) Pay the nonrefundable and nontransferable license fee
established under IC 22-12-6-6.
(4) Affirm under penalty of perjury that all information provided
to the department is true to the best of the applicant's knowledge
and belief.
(e) An initial elevator mechanic license issued under this chapter
expires on December 31 of the second year after the license was issued.
(f) A renewal of an elevator mechanic license is valid for two (2)
years.
(g) An individual engaged in the business of an elevator mechanic
shall carry the individual's license and present the license for inspection
by a representative of the department upon request.
SECTION 430. IC 22-15-5-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 15. (a) This section
does not apply to a licensed elevator contractor that is not an
individual.
(b) To renew a license issued under this licensing program, the
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license holder must satisfy the continuing education requirement and
submit a proof of completion of training to the department.
(c) The continuing education requirement is at least eight (8) hours
of instruction that must be attended and completed within one (1) year
before a license renewal.
(d) The continuing education courses designed to ensure the
continuing education of an individual holding a license regarding new
and existing provisions of the rules of the commission department
may include:
(1) programs sponsored by the commission; department;
(2) trade association seminars;
(3) labor training programs; or
(4) joint labor management apprenticeship and journeyman
upgrade training programs.
For an individual's completion of a continuing education course to
satisfy the individual's continuing education requirement under this
chapter, the continuing education provider, instructor and the
curriculum must have been approved by the department.
(e) All instructors of continuing education courses must be approved
by the department. If an instructor is approved by the department, has
worked as an instructor teaching a curriculum approved by the
department at any time within the year preceding the expiration date of
the license, and submits proof of this work to the department, the
instructor is exempt from the requirements of subsection (c).
(f) Continuing education providers shall keep uniform records of
attendance at approved continuing education courses for at least ten
(10) years on forms designed and distributed by the department.
(g) A license holder who is unable to complete the continuing
education required under this chapter before the expiration of the
individual's license due to temporary physical or mental disability may
apply for a waiver from the department in accordance with the
following:
(1) A waiver application must be submitted to the department on
a form established by the department.
(2) A waiver application must be signed and accompanied by an
affidavit signed by the physician of the applicant attesting to the
applicant's temporary disability.
(h) After the cessation of the temporary disability, the applicant
must submit to the department a certification from the same physician,
if the physician is still the treating physician of the applicant, or from
a subsequent treating physician attesting to the termination of the
temporary disability.
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(i) Upon the submission of the certification under subsection (h), the
department shall issue a temporary waiver of the continuing education
requirement. A temporary waiver is valid for ninety (90) days after the
date of issue and allows the individual to work as an elevator
contractor, elevator inspector, or elevator mechanic without the
completion of the continuing education requirement for ninety (90)
days.
(j) A temporary waiver of the continuing education requirement may
not be renewed.
SECTION 431. IC 22-15-5-16, AS AMENDED BY P.L.186-2025,
SECTION 123, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 16. (a) A practitioner shall comply
with the standards established under this licensing program. A
practitioner is subject to the exercise of the disciplinary sanctions under
IC 22-12-7-7 if the department finds that a practitioner has:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a license to practice, including
cheating on a licensing examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses provided under this chapter;
(5) been convicted of a crime that has a direct bearing on the
practitioner's ability to continue to practice competently;
(6) knowingly violated a state statute or rule or federal statute or
regulation regulating the profession for which the practitioner is
licensed;
(7) continued to practice although the practitioner has become
unfit to practice due to:
(A) professional incompetence;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency on alcohol or
other drugs that endanger the public by impairing a
practitioner's ability to practice safely;
(8) engaged in a course of lewd or immoral conduct in connection
with the delivery of services to the public;
(9) allowed the practitioner's name or a license issued under this
chapter to be used in connection with an individual or business
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who renders services beyond the scope of that individual's or
business's training, experience, or competence;
(10) had disciplinary action taken against the practitioner or the
practitioner's license to practice in another state or jurisdiction on
grounds similar to those under this chapter;
(11) assisted another person in committing an act that would
constitute a ground for disciplinary sanction under this chapter;
or
(12) allowed a license issued by the department to be:
(A) used by another person; or
(B) displayed to the public when the license has expired, is
inactive, is invalid, or has been revoked or suspended.
For purposes of subdivision (10), a certified copy of a record of
disciplinary action constitutes prima facie evidence of a disciplinary
action in another jurisdiction.
(b) If an applicant or a practitioner has engaged in or knowingly
cooperated in fraud or material deception to obtain a license to
practice, including cheating on the licensing examination, the
department may rescind the license if it has been granted, void the
examination or other fraudulent or deceptive material, and prohibit the
applicant from reapplying for the license for a length of time
established by the department.
(c) The department may deny licensure to an applicant who has had
disciplinary action taken against the applicant or the applicant's license
to practice in another state or jurisdiction or who has practiced without
a license in violation of the law. A certified copy of the record of
disciplinary action is conclusive evidence of the other jurisdiction's
disciplinary action.
(d) The department may order a practitioner to submit to a
reasonable physical or mental examination if the practitioner's physical
or mental capacity to practice safely and competently is at issue in a
disciplinary proceeding. Failure to comply with a department order to
submit to a physical or mental examination makes a practitioner liable
to temporary suspension under subsection (h).
(e) Except as provided under subsection (f) or (g), a license may not
be denied, revoked, or suspended because the applicant or holder has
been convicted of an offense. The acts from which the applicant's or
holder's conviction resulted may, however, be considered as to whether
the applicant or holder should be entrusted to serve the public in a
specific capacity.
(f) The department may deny, suspend, or revoke a license issued
under this chapter if the individual who holds the license is convicted
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of any of the following:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
(5) Manufacture of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.1(c).
(6) Dealing in paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
its amendment on July 1, 2015).
(8) Possession of marijuana, hash oil, hashish, or salvia as a Class
D felony (for a crime committed before July 1, 2014) or a Level
6 felony (for a crime committed after June 30, 2014) under
IC 35-48-4-11.
(9) A felony offense under IC 35-48-4 involving possession of a
synthetic drug (as defined in IC 35-31.5-2-321), possession of a
controlled substance analog (as defined in IC 35-48-1.1-8), or
possession of a synthetic drug lookalike substance (as defined in
IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
(A) Class D felony for a crime committed before July 1, 2014;
or
(B) Level 6 felony for a crime committed after June 30, 2014;
under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
(10) Maintaining a common nuisance under IC 35-48-4-13
(repealed) or IC 35-45-1-5, if the common nuisance involves a
controlled substance.
(11) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(g) The department shall deny, revoke, or suspend a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
(1) Dealing in a controlled substance resulting in death under
IC 35-42-1-1.5.
(2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
(3) Dealing in methamphetamine under IC 35-48-4-1.1.
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(4) Manufacturing methamphetamine under IC 35-48-4-1.2.
(5) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(6) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(7) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(8) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5 (repealed).
(9) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled substance
under IC 35-48-4-4.6.
(10) Dealing in a counterfeit substance under IC 35-48-4-5.
(11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
under IC 35-48-4-10.
(12) An offense under IC 35-48-4 involving the manufacture or
sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
synthetic drug lookalike substance (as defined in
IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
substance analog (as defined in IC 35-48-1.1-8), or a substance
represented to be a controlled substance (as described in
IC 35-48-4-4.6).
(13) A violation of any federal or state drug law or rule related to
wholesale legend drug distributors licensed under IC 25-26-14.
(h) The department may temporarily suspend a practitioner's license
under IC 4-21.5-4 before a final adjudication or during the appeals
process if the department finds that a practitioner represents a clear and
immediate danger to the public's health, safety, or property if the
practitioner is allowed to continue to practice.
(i) On receipt of a complaint or an information alleging that a person
licensed under this chapter has engaged in or is engaging in a practice
that jeopardizes the public health, safety, or welfare, the department
shall initiate an investigation against the person.
(j) Any complaint filed with the office of the attorney general
alleging a violation of this licensing program shall be referred to the
department for summary review and for its general information and any
authorized action at the time of the filing.
(k) The department shall conduct a fact finding investigation as the
department considers proper in relation to the complaint.
(l) A practitioner may petition the department to accept the
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surrender of the practitioner's license. The practitioner may not
surrender the practitioner's license without the written approval of the
department, and the department may impose any conditions appropriate
to the surrender or reinstatement of a surrendered license.
(m) A practitioner who has been subjected to disciplinary sanctions
may be required by the commission department to pay the costs of the
proceeding. The practitioner's ability to pay shall be considered when
costs are assessed. If the practitioner fails to pay the costs, a suspension
may not be imposed solely upon the practitioner's inability to pay the
amount assessed. The costs are limited to costs for the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
SECTION 432. IC 22-15-6-0.5, AS AMENDED BY P.L.249-2019,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 0.5. This chapter applies to a regulated boiler and
pressure vessel as set forth in rules adopted by the commission
department under IC 4-22-2.
SECTION 433. IC 22-15-6-1, AS AMENDED BY P.L.249-2019,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 1. Sections 2 through 3 of this chapter do not
apply to any regulated boiler or pressure vessel exempted by a rule
adopted by the commission department under IC 4-22-2.
SECTION 434. IC 22-15-6-2, AS AMENDED BY P.L.93-2024,
SECTION 167, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 2. (a) The department may conduct
a program of inspections of regulated boilers and pressure vessels.
(b) The department shall do the following:
(1) Issue a regulated boiler and pressure vessel operating permit
to an applicant who qualifies under this section.
(2) Perform an operating permit inspection of a boiler or pressure
vessel owned by the state.
(3) Conduct a program to audit boiler and pressure vessel
inspectors licensed under section 5 of this chapter.
(4) Conduct a program to audit inspections completed by a boiler
and pressure vessel inspector licensed under section 5 of this
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chapter.
(c) Except as provided in subsection (e), an operating permit issued
under this section expires one (1) year after it is issued.
(d) To qualify for an operating permit or to renew an operating
permit under this section, an applicant must do the following:
(1) Apply for an operating permit on a form approved by the
department.
(2) Demonstrate through an inspection, performed by an inspector
licensed under section 5 of this chapter, that the regulated boiler
or pressure vessel covered by the application complies with the
rules adopted by the commission. department.
(3) Submit a report of the inspection conducted under subdivision
(2) to the department.
(4) Pay the fee set under IC 22-12-6-6(a)(8).
(e) The commission department may, by rule adopted under
IC 4-22-2, specify:
(1) a period between inspections of more than one (1) year; and
(2) an expiration date for an operating permit longer than one (1)
year from the date of issuance.
However, the commission department may not set an inspection
period of greater than five (5) years or issue an operating permit valid
for a period of more than five (5) years for regulated pressure vessels
or steam generating equipment that is an integral part of a continuous
processing unit.
(f) For any inspection conducted by the department under this
section, the department may designate an inspector licensed under
section 5 of this chapter to act as the department's agent for purposes
of the inspection.
(g) The commission department may adopt rules under IC 4-22-2
to implement this chapter.
SECTION 435. IC 22-15-6-5, AS AMENDED BY P.L.187-2021,
SECTION 120, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 5. (a) The department shall issue a
boiler and pressure vessel inspector license to an applicant who
qualifies under this section.
(b) To qualify for a license under this section an applicant must:
(1) meet the qualifications set by the commission department in
its rules;
(2) pass an examination approved by the commission department
and conducted, supervised, and graded as prescribed by the
commission; department; and
(3) pay the fee set under IC 22-12-6-6(a)(9).
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(c) The commission department may exempt an applicant from any
part of the examination required by subsection (b) if the applicant has:
(1) a boiler and pressure vessel inspector's license issued by
another state with qualifications substantially equal to the
qualifications for a license under this section; or
(2) a commission as a boiler and pressure vessel inspector issued
by the National Board of Boiler and Pressure Vessel Inspectors.
(d) The commission department may sanction a boiler and pressure
vessel inspector under IC 22-12-7 if the boiler and pressure vessel
inspector violates this chapter or rules adopted by the commission.
department.
SECTION 436. IC 22-15-7-0.6, AS ADDED BY P.L.80-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 0.6. (a) Except as provided in subsection (c), the
department shall not inspect, and operating permits are not required
for, the following regulated amusement devices:
(1) A barrel train pulled by a garden tractor or a rubber tired farm
tractor propelled by a motor of not more than forty (40)
horsepower.
(2) A regulated amusement device exempt from the operating
permit and inspection requirements by a rule of the commission.
department.
(b) A regulated amusement device covered by this section shall
comply with all other requirements applicable to regulated amusement
devices under this chapter.
(c) The department may perform an inspection of a regulated
amusement device covered by this section only if a valid complaint or
incident is reported to the department concerning the regulated
amusement device.
SECTION 437. IC 22-15-7-2, AS AMENDED BY P.L.187-2021,
SECTION 122, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 2. (a) The department shall issue a
regulated amusement device operating permit to an applicant who
qualifies under this section. If an applicant qualifies for a permit under
this section, an inspector shall place an inspection seal on the device
that is covered by the permit.
(b) A permit issued under this section:
(1) expires one (1) year from the date the permit was issued; and
(2) may be renewed if the applicant continues to qualify for a
permit under this section.
(c) To qualify for a permit under this section, an applicant or an
authorized officer of the applicant shall pay the inspection fee set under
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IC 22-12-6-6 and execute an application form affirming under penalties
for perjury the following:
(1) That all information provided in the application is true to the
best of the applicant's or officer's knowledge and belief after
reasonable investigation.
(2) That all personnel employed by the applicant having
maintenance responsibility for the amusement devices have or
will have sufficient background, knowledge, skills, and training
to adequately maintain the amusement devices under the rules of
the commission. department.
(3) That all persons employed by the applicant having operational
responsibility for the amusement devices have or will have
sufficient background, knowledge, skills, and training to
adequately operate the amusement devices under the rules of the
commission. department.
(4) That adequate training will be provided or otherwise made
available on an ongoing basis to maintenance and operational
personnel to ensure the continuous compliance of the personnel
with the standards set forth in subdivisions (2) and (3).
(5) That all maintenance and operational personnel will be trained
to recognize and report any condition that would prohibit the safe
operation of the amusement device.
(6) That, upon discovering a condition that would prohibit the
safe operation of an amusement device, both operational and
maintenance personnel must possess the requisite authority to
immediately shut down the amusement device and report the
condition of the amusement device to supervisory personnel. An
amusement device that is shut down under this subdivision may
not be returned to operation until the amusement device complies
with ASTM standards for operation.
(7) That the applicant assumes full financial responsibility for:
(A) any condition or circumstance occasioned by, caused by,
or resulting from noncompliance with the maintenance and
operational standards set forth in subdivisions (2) through (6);
and
(B) any death, injury, or other loss occasioned by, caused by,
or resulting from noncompliance with the maintenance and
operational standards set forth in subdivisions (2) through (6).
(d) The execution of an application under subsection (c) by an
officer of an applicant corporation does not create individual financial
liability for the officer.
(e) The applicant must satisfy an inspector for the department that
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the regulated amusement device meets the safety requirements set by
the commission. department.
SECTION 438. IC 22-15-7-4, AS AMENDED BY P.L.187-2021,
SECTION 124, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 4. (a) The commission department
shall adopt rules under IC 4-22-2 to define appropriate training for a
person who inspects regulated amusement devices.
(b) The rules required under this section must, at a minimum,
provide the following:
(1) The adoption by reference of:
(A) ASTM F 698 (1994 edition) ("Specification for Physical
Information to be Provided to Amusement Rides and
Devices");
(B) ASTM F 770 (1993 edition) ("Practice for Operation
Procedures for Amusement Rides and Devices");
(C) ASTM F 846 (1992 edition) ("Guide for Testing
Performance of Amusement Rides and Devices");
(D) ASTM F 853 (1993 edition) ("Practice for Maintenance
Procedures for Amusement Rides and Devices");
(E) ASTM F 893 (1987 edition) ("Guide for Inspection of
Amusement Rides and Devices");
(F) ASTM F 1305 (1994 edition) ("Standard Guides for the
Classification of Amusement Ride and Device Related Injuries
and Illnesses"); or
(G) any subsequent published editions of the ASTM standards
described in clauses (A) through (F).
(2) A requirement that inspectors employed or contracted by the
department:
(A) have and maintain at least:
(i) a Level 1 certification from the National Association of
Amusement Ride Safety Officials or an equivalent
organization approved by the commission; department; or
(ii) an equivalent certification under a process or system
approved by the commission; department; and
(B) conduct inspections that conform to the rules of the
commission. department.
(3) A requirement that regulated amusement devices be operated
and maintained in accordance with the rules of the commission.
department.
(4) The commission's department's chief inspector or supervisor
of regulated amusement device inspectors must have and
maintain a Level I certification.
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SECTION 439. IC 22-15-7-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 7. In addition to a
regularly scheduled inspection of a regulated amusement device, the
commission department may, upon demand by the commission,
department, inspect a regulated amusement device at any time
following:
(1) the report of an accident involving the regulated amusement
device; or
(2) a complaint concerning the regulated amusement device.
SECTION 440. IC 25-1-5-4, AS AMENDED BY HEA 1230-2026,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 4. (a) The agency shall employ necessary staff,
including specialists and professionals, to carry out the administrative
duties and functions of the boards, including but not limited to:
(1) notice of board meetings and other communication services;
(2) recordkeeping of board meetings, proceedings, and actions;
(3) recordkeeping of all persons licensed, regulated, or certified
by a board;
(4) administration of examinations; and
(5) administration of license or certificate issuance or renewal.
(b) In addition, the agency:
(1) shall prepare a consolidated statement of the budget requests
of all the boards described in IC 25-0.5-5 or IC 25-0.5-7;
(2) may coordinate licensing or certification renewal cycles,
examination schedules, or other routine activities to efficiently
utilize agency staff, facilities, and transportation resources, and to
improve accessibility of board functions to the public;
(3) may consolidate, where feasible, office space, recordkeeping,
and data processing services;
(4) shall operate and maintain the electronic registry of
professions established under IC 25-1-5.5;
(5) shall post each board's public meeting agenda on the
applicable board's website not less than seventy-two (72) hours
before a board's public meeting;
(6) shall post each board's public meeting minutes on the
applicable board's website not more than fourteen (14) calendar
days after adoption of the minutes by the board;
(7) shall post any vacancy on a board on the applicable board's
website within fourteen (14) calendar days of the vacancy;
(8) notwithstanding any other law:
(A) shall prescribe the application form and manner for each
board; and
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(B) shall make any new application form publicly available on
the applicable board's website for sixty (60) calendar days
before being adopted by the agency; and
(9) shall send notification of incomplete items in an application
to the applicant every fourteen (14) calendar days after the
applicant initiates the application until the earlier of the
following:
(A) The date the application is completed.
(B) One (1) calendar year after the applicant initiates the
application; and
(10) may adopt and enforce procedural rules under
IC 25-1-6-3.
(c) In administering the renewal of licenses or certificates under this
chapter, the agency shall send a notice of the upcoming expiration of
a license or certificate to each holder of a license or certificate at least
ninety (90) days before the expiration of the license or certificate. The
notice must inform the holder of the license or certificate of the need
to renew the license or certificate and the requirement of payment of
the renewal fee. If this notice of expiration is not sent by the agency,
the holder of the license or certificate is not subject to a sanction for
failure to renew if, once notice is received from the agency, the license
or certificate is renewed within forty-five (45) days after receipt of the
notice.
(d) In administering an examination for licensure or certification,
the agency shall make the appropriate application forms available at
least thirty (30) days before the deadline for submitting an application
to all persons wishing to take the examination.
(e) The agency may require an applicant for license or certificate
renewal to submit evidence proving that:
(1) the applicant continues to meet the minimum requirements for
licensure or certification; and
(2) the applicant is not in violation of:
(A) the statute regulating the applicant's profession; or
(B) rules adopted by the board regulating the applicant's
profession.
(f) The agency shall process an application for renewal of a license
or certificate:
(1) not later than ten (10) days after the agency receives all
required forms and evidence; or
(2) within twenty-four (24) hours after the time that an applicant
for renewal appears in person at the agency with all required
forms and evidence.
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This subsection does not require the agency to issue a renewal license
or certificate to an applicant if subsection (g) applies.
(g) The agency may delay issuing a license or certificate renewal for
up to one hundred twenty (120) days after the renewal date for the
purpose of permitting the board to investigate information received by
the agency that the applicant for renewal may have committed an act
for which the applicant may be disciplined. If the agency delays issuing
a license or certificate renewal, the agency shall notify the applicant
that the applicant is being investigated. Except as provided in
subsection (h), before the end of the one hundred twenty (120) day
period, the board shall do one (1) of the following:
(1) Deny the license or certificate renewal following a personal
appearance by the applicant before the board.
(2) Issue the license or certificate renewal upon satisfaction of all
other conditions for renewal.
(3) Issue the license or certificate renewal and file a complaint
under IC 25-1-7.
(4) Upon agreement of the applicant and the board and following
a personal appearance by the applicant before the board, renew
the license or certificate and place the applicant on probation
status under IC 25-1-9-9.
(h) If an individual fails to appear before the board under subsection
(g), the board may take action on the applicant's license or certificate
allowed under subsection (g)(1), (g)(2), or (g)(3).
(i) The applicant's license or certificate remains valid until the final
determination of the board is rendered unless the renewal is denied or
the license is summarily suspended under IC 25-1-9-10.
(j) The license or certificate of the applicant for a license or
certificate renewal remains valid during the one hundred twenty (120)
day period unless the license or certificate renewal is denied following
a personal appearance by the applicant before the board before the end
of the one hundred twenty (120) day period. If the one hundred twenty
(120) day period expires without action by the board, the license or
certificate is automatically renewed at the end of the one hundred
twenty (120) day period.
(k) The board's renewal of a license or certificate does not preclude
the board from imposing sanctions on the licensee or certificate holder
as a result of a complaint filed by the attorney general after renewal of
the license or certificate.
(l) Notwithstanding any other statute or rule, the agency may stagger
license or certificate renewal cycles. However, if a renewal cycle for a
specific board or committee is changed, the agency must obtain the
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approval of the affected board or committee.
(m) An application for a license, certificate, registration, or permit
is abandoned without an action of the board, if the applicant does not
complete the requirements to complete the application within one (1)
year after the date on which the application was filed. However, the
board may, for good cause shown, extend the validity of the application
for additional thirty (30) day periods. An application submitted after
the abandonment of an application is considered a new application.
SECTION 441. IC 25-1-6-3, AS AMENDED BY P.L.3-2014,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 3. (a) The licensing agency shall perform all
administrative functions, duties, and responsibilities assigned by law
or rule to the executive director, secretary, or other statutory
administrator of the entities described in IC 25-0.5-7.
(b) Nothing in this chapter may be construed to give the licensing
agency policy making authority for any professional standard of
practice, which remains with each board. The licensing agency may
adopt and enforce procedural rules in accordance with IC 4-22-2
for the administration of a board if the rule:
(1) will affect multiple boards; and
(2) is not inconsistent with any rule adopted by the affected
board.
SECTION 442. IC 25-4-1-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 18. Nothing contained
in this chapter shall prevent the draftsmen, students, clerks of works,
superintendents, and other employees of those lawfully practicing as
registered architects, under the provisions of this chapter, from acting
under the instruction, control, or supervision of their employers, or to
prevent the employment of superintendents of the construction,
enlargement, or alteration of buildings, or any parts thereof, or prevent
such superintendents from acting under the immediate personal
supervision of the registered architect by whom the plans and
specifications of any building, enlargement, or alteration were
prepared. Nor shall anything contained in this chapter apply to the
making of plans or specifications or the supervision of construction,
enlargement or alteration of buildings or any parts thereof specifically
exempted from the rules of the fire prevention and building safety
commission department of homeland security or specifically
exempted from the fire prevention and building safety commission
department of homeland security requirements for preparation of
such plans and specifications by registered architects or registered
engineers.
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SECTION 443. IC 25-4-1-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 29. (a) Except as
hereinafter otherwise provided, the state of Indiana, nor any board,
department or agency thereof, nor any county, city, town, township,
school corporations, or other political subdivision of this state shall
engage in the construction, alteration, or maintenance of any public
building or public work involving the practice of architecture for which
plans, specifications and estimates have not been prepared, certified,
and sealed by, and the construction, alteration, or maintenance
executed under the direct supervision of an architect, which architect
shall be the holder in good standing of a certificate of registration from
the board of registration for architects and landscape architects
entitling him to practice architecture in this state.
(b) No official of this state, nor of any city, town, county, township,
or school corporation thereof, charged with the enforcement of any law,
ordinance, or rule relating to the construction or alteration of buildings
or structures, shall use or accept or approve any plans or specifications
that have not been prepared by, or under the supervision of, and
certified by a registered architect. This subsection shall not apply if
such plans or specifications have been prepared by, or under the
supervision of and certified by a professional engineer who is
registered under the laws of the state of Indiana. This subsection shall
not apply to the construction or alteration of any building or structures
specifically exempted from the rules of the fire prevention and building
safety commission department of homeland security or specifically
exempted from the fire prevention and building safety commission
department of homeland security requirements for preparation of
such plans and specifications by registered architects or registered
engineers. This section shall not be construed as to abridge, or
otherwise affect, the powers of the fire prevention and building safety
commission, department of homeland security, or any other state
board or department, to issue rules governing the safety of buildings or
structures.
SECTION 444. IC 25-20-1-1.5, AS AMENDED BY HEA
1230-2026, SECTION 38, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1.5. (a) Subject to IC 25-1-6.5-3,
there is established the committee of hearing aid dealer examiners
which consists of five (5) four (4) members all appointed by the
governor to a term under IC 25-1-6.5. Four (4) Three (3) members
must be hearing aid dealers licensed under this chapter, who are
residents of this state and who have been practicing as hearing aid
dealers for at least one (1) year prior to their appointment. One (1)
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member must be a resident of this state who is in no way associated
with the business of hearing aid dealers, audiology, or speech-language
pathology other than as a consumer. Whenever a vacancy occurs on the
committee, the governor shall appoint a successor under IC 25-1-6.5.
(b) Three (3) members present constitute a quorum. The
chairperson of the committee is not allowed to cast a vote on any
matter before the committee unless the chairperson's vote is
necessary to break a tie.
(c) The members serve without compensation, except that each
member is entitled to the salary per diem as provided by IC 4-10-11-2.1
and to reimbursement for travel, lodging, meals, and other expenses as
provided in the state travel policies and procedures established by the
department of administration and approved by the state budget agency.
(d) A member may be removed under IC 25-1-6.5-4.
SECTION 445. IC 25-23-1-7.2, AS ADDED BY P.L.148-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 7.2. (a) As used in this section, "nursing education
program" means a nursing education program that is required to be
authorized by the board for proprietary education (established by
IC 21-18.5-5-1). commission for higher education established by
IC 21-18-2-1.
(b) The board may not prohibit a nursing education program from
submitting an application for accreditation to the board before being
authorized by the board for proprietary education (established by
IC 21-18.5-5-1). commission for higher education established by
IC 21-18-2-1.
(c) The board shall review and approve or deny a nursing education
program's application for accreditation within ninety (90) days of being
authorized by the board for proprietary education (established by
IC 21-18.5-5-1) commission for higher education established by
IC 21-18-2-1 unless the nursing education program, after receiving
authorization from the board of proprietary education, commission for
higher education, requests additional time from the board before the
board's review of the application.
SECTION 446. IC 25-35.6-2-1, AS AMENDED BY P.L.249-2019,
SECTION 135, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 1. (a) There is established the
speech-language pathology and audiology board.
(b) The board shall be comprised of five (5) four (4) members, who
shall be appointed by the governor. Subject to IC 25-1-6.5-3, four (4)
board members shall have been residents of this state for at least one
(1) year immediately preceding their appointment and shall have been
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engaged in rendering services to the public, teaching, or research in
speech-language pathology or audiology for at least five (5) years
immediately preceding their appointment. At least two (2) board
members shall be speech-language pathologists and at least two (2)
shall be audiologists. Subject to IC 25-1-6.5-3, the fifth member of the
board, to represent the general public, shall be a resident of this state
who has never been associated with speech-language pathology or
audiology in any way other than as a consumer. Except for the member
representing the general public, All board members shall at all times be
holders of active and valid licenses for the practice of speech-language
pathology or audiology in this state.
(c) A member may be removed under IC 25-1-6.5-4.
(d) Appointments shall be:
(1) for members appointed before July 1, 2019, for a three year
term; and
(2) for members appointed after June 30, 2019, for a term under
IC 25-1-6.5.
(e) The governor may consider, but shall not be bound to accept,
recommendations for board membership made by a statewide
association for speech-language and hearing. A statewide association
for speech-language and hearing may submit to the governor its
recommendations for board membership not less than sixty (60) days
after a vacancy. In the event of a mid-term vacancy, such association
may make recommendations for filling such vacancy.
(f) At the first meeting of the board each year, members shall elect
a chairperson for the subsequent twelve (12) month period. Further
meetings may be convened at the call of the chairperson or the written
request of any two (2) board members. All meetings of the board shall
be open to the public, except that the board may hold closed sessions
to prepare, approve, grade, or administer examinations or, upon request
of an applicant who fails an examination, to prepare a response
indicating any reason for the applicant's failure. All meetings of the
board must be held in Indiana.
(g) A quorum of the board consists of a majority of the appointed
members. A majority of the quorum may transact business. The
chairperson of the board is not allowed to cast a vote on any matter
before the board unless the chairperson's vote is necessary to break
a tie.
SECTION 447. IC 27-1-15.7-4, AS AMENDED BY P.L.158-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 4. (a) The commissioner shall approve and
disapprove continuing education courses. after considering
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recommendations made by the insurance producer education and
continuing education commission established under section 6.5 of this
chapter.
(b) The commissioner may not approve a course under this section
if the course:
(1) is designed to prepare an individual to receive an initial
license under this chapter;
(2) concerns only routine, basic office skills, including filing,
keyboarding, and basic computer skills; or
(3) may be completed by a licensee without supervision by an
instructor, unless the course involves an examination process that
is:
(A) completed and passed by the licensee as determined by the
provider of the course; and
(B) approved by the commissioner.
(c) The commissioner shall approve a course under this section that
is submitted for approval by an insurance trade association or
professional insurance association if:
(1) the objective of the course is to educate a manager or an
owner of a business entity that is required to obtain an insurance
producer license under IC 27-1-15.6-6(d);
(2) the course teaches insurance producer management and is
designed to result in improved efficiency in insurance producer
operations, systems use, or key functions;
(3) the course is designed to benefit consumers; and
(4) the course is not described in subsection (b).
(d) Approval of a continuing education course under this section
shall be for a period of not more than two (2) years.
(e) A prospective provider of a continuing education course shall
pay:
(1) a fee of forty dollars ($40) for each course submitted for
approval of the commissioner under this section; or
(2) an annual fee of five hundred dollars ($500) not later than
January 1 of a calendar year, which entitles the prospective
provider to submit an unlimited number of courses for approval
of the commissioner under this section during the calendar year.
The commissioner may waive all or a portion of the fee for a course
submitted under a reciprocity agreement with another state for the
approval or disapproval of continuing education courses. Fees collected
under this subsection shall be deposited in the department of insurance
fund established under IC 27-1-3-28.
(f) A prospective provider of a continuing education course may
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electronically deliver to the commissioner any supporting materials for
the course.
(g) The commissioner shall adopt rules under IC 4-22-2 to establish
procedures for approving continuing education courses.
SECTION 448. IC 27-1-15.7-5, AS AMENDED BY P.L.158-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 5. (a) To qualify as a certified prelicensing course
of study for purposes of IC 27-1-15.6-6, an insurance producer program
of study must meet all of the following criteria:
(1) Be conducted or developed by an:
(A) insurance trade association;
(B) accredited college or university;
(C) educational organization certified by the insurance
producer education and continuing education commission;
commissioner; or
(D) insurance company licensed to do business in Indiana.
(2) Provide for self-study or instruction provided by an approved
instructor in a structured setting, as follows:
(A) For life insurance producers, not less than twenty (20)
hours of instruction in a structured setting or comparable
self-study on:
(i) ethical practices in the marketing and selling of
insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana; and
(iii) principles of life insurance.
(B) For health insurance producers, not less than twenty (20)
hours of instruction in a structured setting or comparable
self-study on:
(i) ethical practices in the marketing and selling of
insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana; and
(iii) principles of health insurance.
(C) For life and health insurance producers, not less than forty
(40) hours of instruction in a structured setting or comparable
self-study on:
(i) ethical practices in the marketing and selling of
insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana;
(iii) principles of life insurance; and
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(iv) principles of health insurance.
(D) For property and casualty insurance producers, not less
than forty (40) hours of instruction in a structured setting or
comparable self-study on:
(i) ethical practices in the marketing and selling of
insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana;
(iii) principles of property insurance; and
(iv) principles of liability insurance.
(E) For personal lines producers, a minimum of twenty (20)
hours of instruction in a structured setting or comparable
self-study on:
(i) ethical practices in the marketing and selling of
insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana; and
(iii) principles of property and liability insurance applicable
to coverages sold to individuals and families for primarily
noncommercial purposes.
(F) For title insurance producers, not less than ten (10) hours
of instruction in a structured setting or comparable self-study
on:
(i) ethical practices in the marketing and selling of title
insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana;
(iii) principles of title insurance, including underwriting and
escrow issues; and
(iv) principles of the federal Real Estate Settlement
Procedures Act (12 U.S.C. 2608).
(G) For annuity product producers, not less than four (4) hours
of instruction in a structured setting or comparable self-study
on:
(i) types and classifications of annuities;
(ii) identification of the parties to an annuity;
(iii) the manner in which fixed, variable, and indexed
annuity contract provisions affect consumers;
(iv) income taxation of qualified and non-qualified
annuities;
(v) primary uses of annuities; and
(vi) appropriate sales practices, replacement, and disclosure
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requirements.
(3) Instruction provided in a structured setting must be provided
only by individuals who meet the qualifications established by the
commissioner under subsection (b).
(b) The commissioner after consulting with the insurance producer
education and continuing education commission, shall adopt rules
under IC 4-22-2 prescribing the criteria that a person must meet to
render instruction in a certified prelicensing course of study.
(c) The commissioner shall adopt rules under IC 4-22-2 prescribing
the subject matter that an insurance producer program of study must
cover to qualify for certification as a certified prelicensing course of
study under this section.
(d) The commissioner may make recommendations that the
commissioner considers necessary for improvements in course
materials.
(e) The commissioner shall designate a program of study that meets
the requirements of this section as a certified prelicensing course of
study for purposes of IC 27-1-15.6-6.
(f) For each person that provides one (1) or more certified
prelicensing courses of study, the commissioner shall annually
determine, of all individuals who received classroom instruction in the
certified prelicensing courses of study provided by the person, the
percentage who passed the examination required by IC 27-1-15.6-5.
The commissioner shall determine only one (1) passing percentage
under this subsection for all lines of insurance described in
IC 27-1-15.6-7(a) for which the person provides classroom instruction
in certified prelicensing courses of study.
(g) The commissioner may, after notice and opportunity for a
hearing, do the following:
(1) Withdraw the certification of a course of study that does not
maintain reasonable standards, as determined by the
commissioner for the protection of the public.
(2) Disqualify a person that is currently qualified under
subsection (b) to render instruction in a certified prelicensing
course of study from rendering the instruction if the passing
percentage calculated under subsection (f) is less than forty-five
percent (45%).
(h) Current course materials for a prelicensing course of study that
is certified under this section must be submitted to the commissioner
upon request, but not less frequently than once every three (3) years.
SECTION 449. IC 27-1-15.7-6.5 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 6.5. (a) As used in this section, "commission"
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refers to the insurance producer education and continuing education
commission established by subsection (b).
(b) The insurance producer education and continuing education
commission is established within the department. The commissioner
shall appoint the following seven (7) individuals:
(1) One (1) individual nominated by the Professional Insurance
Agents of Indiana or its successor organization.
(2) One (1) individual nominated by the Independent Insurance
Agents of Indiana or its successor organization.
(3) One (1) individual nominated by the Indiana Association of
Insurance and Financial Advisors or its successor organization.
(4) One (1) individual nominated by the Indiana State Association
of Health Underwriters or its successor organization.
(5) One (1) individual nominated by the Association of Life
Insurance Companies or its successor organization.
(6) One (1) individual nominated by the Insurance Institute of
Indiana or its successor organization.
(7) One (1) individual nominated by the Indiana Land Title
Association or its successor organization.
The commissioner shall solicit nominations from the entities set forth
in this subsection. The commissioner may deny to make the
appointment of an individual nominated under this subsection only if
the commissioner determines that the individual is not in good standing
with the department or is not qualified. If the commissioner denies the
appointment of an individual nominated under this subsection, the
commissioner shall provide the nominating entity with the reason for
the denial and allow the nominating entity to submit an alternative
nomination.
(c) A member of the commission serves for a term of three (3) years
that expires June 30, 2027, and every third year thereafter. A member
may not serve more than two (2) consecutive terms.
(d) The commissioner shall appoint a member of the commission to
serve as chairperson, who serves at the will of the commissioner. The
commission shall meet:
(1) at the call of the chairperson; and
(2) at least semiannually.
The department shall staff the commission. Four (4) members
constitute a quorum of the commission.
(e) The commissioner shall fill a vacancy on the commission with
a nomination from the entity that nominated the predecessor or the
entity's successor. The individual appointed to fill the vacancy shall
serve for the remainder of the predecessor's term.
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(f) A member of the commission is entitled to the minimum salary
per diem provided under IC 4-10-11-2.1(b). A member is also entitled
to reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, in accordance with
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
Money paid under this subsection shall be paid from amounts
appropriated to the department.
(g) The commission shall review and make recommendations to the
commissioner concerning the following:
(1) Course materials and curriculum and instructor credentials for
prelicensing courses of study for which certification by the
commissioner is sought under section 5 of this chapter.
(2) Continuing education requirements for insurance producers.
(3) Continuing education courses for which the approval of the
commissioner is sought under section 4 of this chapter.
(4) Rules proposed for adoption by the commissioner concerning
continuing education under this chapter.
(h) A member of the commission or a designee of the commissioner
is permitted access to any classroom while instruction is in progress to
monitor the classroom instruction.
SECTION 450. IC 31-9-2-10.6, AS ADDED BY P.L.145-2006,
SECTION 175, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 10.6. (a) "Board", for purposes of
IC 31-25-4, has the meaning set forth in IC 31-25-4-34(a).
(b) "Board", for purposes of IC 31-26-4, has the meaning set forth
in IC 31-26-4-2.
SECTION 451. IC 31-9-2-21.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 21.5. "Commission", for purposes
of IC 31-26-4, has the meaning set forth in IC 31-26-4-2.1.
SECTION 452. IC 31-26-4-2 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 2. As used in this chapter, "board" refers to the Indiana
kids first trust fund board established by section 5 of this chapter.
SECTION 453. IC 31-26-4-2.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 2.1. As used in this chapter,
"commission" refers to the commission on improving the status of
children in Indiana established by IC 2-5-36-3.
SECTION 454. IC 31-26-4-2.3, AS ADDED BY P.L.220-2011,
SECTION 506, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 2.3. (a) After June 30, 2003, and
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before July 1, 2027, any reference in a statute or rule referring to the
Indiana children's trust fund board is considered a reference to the
board.
(b) This subsection does not apply after June 30, 2027. On July
1, 2003, the board becomes the owner of all the personal property and
assets and assumes the obligations and liabilities of the Indiana
children's trust fund board, as it existed before July 1, 2003.
(c) After June 30, 2027, any reference in a statute or rule
referring to the Indiana children's trust fund board is considered
a reference to the commission.
(d) On July 1, 2027, the commission becomes the owner of all
the personal property and assets and assumes the obligations and
liabilities of the Indiana children's trust fund board, as it existed
before July 1, 2027.
SECTION 455. IC 31-26-4-5 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 5. (a) The Indiana kids first trust fund board is
established.
(b) The purpose of the board is to determine whether proposed
projects under this chapter should be approved and to perform other
duties given to the board by this chapter. The board shall approve
projects and recommend to the department that the projects receive
funds under sections 12 and 14 of this chapter.
(c) The board shall, before January 1 of each year, prepare a budget
for expenditures from the fund for the following state fiscal year. The
budget must contain priorities for expenditures from the fund to
accomplish the projects that have been approved under this chapter.
The budget shall be submitted to the department and the budget
committee.
(d) The board may employ staff necessary to carry out the duties of
the board.
(e) The board may establish a nonprofit subsidiary corporation
under section 17 of this chapter.
SECTION 456. IC 31-26-4-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 5.5. (a) After June 30, 2027, the
commission shall determine whether proposed projects under this
chapter should be approved and to perform other duties as
directed by this chapter. The commission shall approve projects
and recommend to the department that the projects receive funds
under sections 12 and 14 of this chapter.
(b) The commission shall annually prepare a budget for
expenditures from the fund for the following state fiscal year. The
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budget must contain priorities for expenditures from the fund to
accomplish the projects that have been approved under this
chapter. The commission shall submit a budget to the department
and the budget committee before January 1, 2028, and each year
thereafter.
(c) The commission may employ staff necessary to carry out the
duties of the commission under this chapter.
(d) The commission may establish a nonprofit subsidiary
corporation under section 17 of this chapter (before its repeal).
SECTION 457. IC 31-26-4-6 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 6. The board consists of the following ten (10) members:
(1) Two (2) individuals who are not members of the general
assembly, appointed by the president pro tempore of the senate
with advice from the minority leader of the senate.
(2) Two (2) individuals who are not members of the general
assembly, appointed by the speaker of the house of
representatives with advice from the minority leader of the house
of representatives.
(3) The director of the department or the director's designee.
(4) Four (4) individuals appointed by the governor as follows:
(A) One (1) individual who represents the general public.
(B) Two (2) individuals who represent child advocacy
organizations.
(C) One (1) individual who represents the medical community.
(5) The commissioner of the Indiana department of health or the
commissioner's designee. An individual designated by the
commissioner under this subdivision must have knowledge of or
experience in issues relating to:
(A) the prevention of child abuse and neglect; and
(B) the reduction of infant mortality.
SECTION 458. IC 31-26-4-7 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 7. (a) The members shall annually choose a chairperson
and vice chairperson from among the members of the board under this
section.
(b) The director of the department or the director's designee may not
serve as chairperson or vice chairperson.
(c) If the member chosen as chairperson was appointed as a member
by the president pro tempore of the senate or the speaker of the house
of representatives, the vice chairperson must be chosen from among the
members appointed by the governor. If the member chosen as
chairperson was appointed as a member by the governor, the vice
chairperson must be chosen from among the members appointed by the
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president pro tempore of the senate or the speaker of the house of
representatives.
SECTION 459. IC 31-26-4-8 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 8. (a) The board shall meet at least quarterly and at the
call of the chair.
(b) A majority of the appointed members of the board constitutes a
quorum. The board may take action only in the presence of a quorum.
(c) The affirmative vote of a majority of the members of the board
participating in a board meeting is necessary for the board to take any
action at the meeting.
(d) The board shall post the minutes of a meeting on the board's
Internet web site not later than ten (10) days after the minutes are
approved by the board.
SECTION 460. IC 31-26-4-9 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 9. (a) The term of a board member begins on the later of
the following:
(1) The day the term of the member whom the individual is
appointed to succeed expires.
(2) The day the individual is appointed.
(b) The term of a member expires July 1 of the fourth year after the
member is appointed. However, a member serves at the pleasure of the
appointing authority.
(c) The appointing authority may reappoint a member for a new
term.
(d) The appointing authority shall appoint an individual to fill a
vacancy among the members.
SECTION 461. IC 31-26-4-10 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 10. (a) Each member of the board who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(b) Each member of the board who is a state employee is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
SECTION 462. IC 31-26-4-11, AS ADDED BY P.L.145-2006,
SECTION 272, IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2027]: Sec. 11. The board commission shall
adopt and make available to the public:
(1) a strategic plan to implement the purposes of this chapter; and
(2) a method for proposing projects and requesting funds from the
Indiana kids first trust fund.
SECTION 463. IC 31-26-4-12, AS AMENDED BY P.L.93-2021,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 12. (a) The Indiana kids first trust fund is
established to carry out the purposes of this chapter.
(b) The fund consists of the following:
(1) Appropriations made by the general assembly.
(2) Interest as provided in subsection (e).
(3) Fees from kids first trust license plates issued under
IC 9-18-30 (before its expiration) or IC 9-18.5-14.
(4) Money donated to the fund, including donations from a
nonprofit subsidiary corporation established under section 17 of
this chapter (before its repeal).
(5) Money transferred to the fund from other funds.
(c) The treasurer of state shall administer the fund.
(d) The expenses of administering the fund and this chapter shall be
paid from the fund.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public trust funds are invested. Interest that accrues
from these investments shall be deposited in the fund.
(f) An appropriation made by the general assembly to the fund shall
be allotted and allocated at the beginning of the fiscal period for which
the appropriation was made.
(g) Money in the fund at the end of a state fiscal year does not revert
to the state general fund or any other fund.
(h) Subject to this chapter, there is annually appropriated to the
department all money in the fund for the purposes of this chapter.
However, the department may not request the allotment of money from
the appropriation for a project that has not been approved and
recommended by the board. commission.
SECTION 464. IC 31-26-4-14, AS AMENDED BY P.L.156-2011,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 14. (a) The infant mortality account is established
within the fund for the purpose of providing money for education and
programs approved by the board commission under section 5(b) 5.5(a)
of this chapter to reduce infant mortality in Indiana. The account shall
be administered by the treasurer of state.
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(b) Expenses of administering the account shall be paid from money
in the account. The account consists of the following:
(1) Appropriations to the account.
(2) Money donated to the account.
(c) The treasurer of state shall invest the money in the account not
currently needed to meet the obligations of the account in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the account.
(d) Money in the account at the end of a state fiscal year does not
revert to the state general fund.
SECTION 465. IC 31-26-4-15, AS ADDED BY P.L.145-2006,
SECTION 272, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 15. (a) This subsection applies to
a calendar year ending before January 1, 2027. Before October 1 of
each year, the board shall prepare a report concerning the program
established by this chapter for the public and the general assembly. A
report prepared under this section for the general assembly must be in
an electronic format under IC 5-14-6.
(b) This subsection applies to a calendar year beginning after
December 31, 2026. Before October 1 of each year, the commission
shall prepare a report concerning the program established by this
chapter for the public and the general assembly. The commission
shall submit the report to the general assembly in an electronic
format under IC 5-14-6.
SECTION 466. IC 31-26-4-17 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 17. (a) The board may establish a nonprofit subsidiary
corporation that is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code to solicit and accept private
funding, gifts, donations, bequests, devises, and contributions.
(b) The board shall study the topic of establishing a nonprofit
subsidiary corporation described in subsection (a). Not later than
December 31, 2021, the board shall submit a report to the general
assembly in an electronic format under IC 5-14-6 addressing the
board's findings and determinations under this subsection. If the board
determines to establish a nonprofit subsidiary corporation as described
in subsection (a), the report must also include an implementation plan
and estimated budget for the establishment of the nonprofit subsidiary
corporation.
(c) A subsidiary corporation established under this section is
governed by a board of directors comprised of members appointed by
the Indiana kids first trust fund board. Employees of the Indiana kids
first trust fund board may serve on the board of directors of the
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subsidiary corporation. A subsidiary corporation established under this
section:
(1) shall use money received under subsection (a) to carry out, in
any manner, the purposes and programs of the board;
(2) shall report to the budget committee each year concerning:
(A) the use of money received; and
(B) the balances in any accounts or funds established by the
subsidiary corporation;
(3) may donate money received to the Indiana kids first trust fund;
and
(4) may deposit money received in an account or fund that is:
(A) administered by the subsidiary corporation; and
(B) not part of the state treasury.
(d) The board of directors of a subsidiary corporation established
under this section shall post the minutes of a meeting on the subsidiary
corporation's Internet web site not later than ten (10) days after the
minutes are approved by the board of directors.
(e) Employees of the Indiana kids first trust fund board shall provide
administrative support for a subsidiary corporation established under
this section. Employees of the board directly involved in the subsidiary
corporation may engage in fundraising activities on behalf of the
subsidiary corporation.
(f) The state board of accounts shall annually audit a subsidiary
corporation established under this section.
SECTION 467. IC 31-27-2-2, AS AMENDED BY P.L.56-2023,
SECTION 300, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 2. The department may do the
following:
(1) Prescribe forms for reports, statements, notices, and other
documents required by this article or by the rules adopted under
this article.
(2) Increase public awareness of this article and the rules adopted
under this article by preparing and publishing manuals and guides
explaining this article and the rules adopted under this article.
(3) Facilitate compliance with and enforcement of this article
through the publication of materials under subdivision (2).
(4) Prepare reports and studies to advance the purpose of this
article.
(5) Seek the advice and recommendations of state agencies whose
information and knowledge would be of assistance in writing,
revising, or monitoring rules developed under this article. These
agencies, including the office of the attorney general, Indiana
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department of health, division of mental health and addiction,
division of family resources, the state police department, and fire
prevention and building safety commission, department of
homeland security, shall upon request supply necessary
information to the department.
(6) Make the directory of licensees available to the public for a
charge not to exceed the cost of reproducing the directory.
(7) Charge a reasonable processing fee for each license
application and renewal as follows:
(A) For a child caring institution or group home license, a fee
not to exceed three dollars ($3) for each licensed bed based on
total licensed bed capacity not to exceed a maximum fee of
one hundred fifty dollars ($150).
(B) For a child placing agency license, a fee not to exceed fifty
dollars ($50).
(8) Exercise any other regulatory and administrative powers
necessary to carry out the functions of the department.
SECTION 468. IC 31-27-2-4, AS AMENDED BY HEA 1202-2026,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 4. (a) The department shall adopt rules under
IC 4-22-2 concerning the licensing and inspection of:
(1) child caring institutions, foster family homes, group homes,
and child placing agencies after consultation with the:
(A) Indiana department of health; and
(B) department of homeland security; and
(2) child caring institutions and group homes that are licensed for
infants and toddlers after consultation with the division of family
resources.
(b) The rules adopted under subsection (a) shall be applied by the
department in the licensing and inspection of applicants for a license
and licensees under this article.
(c) The rules adopted under IC 4-22-2 must establish minimum
standards for the care and treatment of children in a secure private
facility.
(d) The rules described in subsection (c) must include standards
governing the following:
(1) Admission criteria.
(2) General physical and environmental conditions.
(3) Services and programs to be provided to confined children.
(4) Procedures for ongoing monitoring and discharge planning.
(5) Procedures for the care and control of confined persons that
are necessary to ensure the health, safety, and treatment of
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confined children.
(e) The department shall license a facility as a secure private facility
if the facility:
(1) meets the minimum standards required under subsection (c);
(2) provides a continuum of care and services; and
(3) is licensed under IC 31-27-3.
(f) A waiver of the rules may not be granted for treatment and
reporting requirements.
(g) Rules that the fire prevention and building safety commission
department of homeland security adopts under IC 22-13-2-2:
(1) establish the minimum building and fire safety requirements
applicable to structures covered by this article; and
(2) take precedence over conflicting rules as provided for in
IC 22-13-2-3.
(h) The department may not adopt rules regulating the same subject
matter as rules adopted by the fire prevention and building safety
commission. department of homeland security.
SECTION 469. IC 31-27-2-7, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 7. (a) Except as provided in
subsections (b) and (c), the department shall exempt from licensure a
child caring institution and a group home operated by a church or
religious ministry that is a religious organization exempt from federal
income taxation under Section 501(c)(3) of the Internal Revenue Code
(as defined in IC 6-3-1-11) and that does not:
(1) accept for care:
(A) a child who is a delinquent child under IC 31-37-1-1 or
IC 31-37-2-1; or
(B) a child who is a child in need of services under
IC 31-34-1-1 through IC 31-34-1-9; or
(2) operate a residential facility that provides child care on a
twenty-four (24) hour basis for profit.
(b) The department shall adopt rules under IC 4-22-2 to govern the
inspection of a child caring institution and a group home operated by
a church or religious ministry with regard to sanitation.
(c) The fire prevention and building safety commission department
of homeland security shall adopt rules under IC 4-22-2 to govern the
inspection of a child caring institution and a group home operated by
a church or religious ministry under this section. The rules must
provide standards for fire alarms and fire drills.
(d) A child caring institution and a group home operated by a
church or religious ministry under this section shall comply with the
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rules established by the department and the fire prevention and
building safety commission department of homeland security under
this section.
SECTION 470. IC 31-27-2-8, AS AMENDED BY P.L.183-2017,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 8. (a) Except as provided in subsection (f), the
department may grant a variance or waiver of a rule governing child
caring institutions, foster family homes, group homes, or child placing
agencies. A variance or waiver granted under this section must promote
statewide practices and must protect the rights of persons affected by
this article.
(b) The department may grant a variance to a rule if an applicant for
a license or a licensee under this article does the following:
(1) Submits to the department a written request for the variance
in the form and manner specified by the department.
(2) Documents that compliance with an alternative method of
compliance approved by the department will not be adverse to the
health, safety, or welfare of a child receiving services from the
applicant for the variance, as determined by the department.
(c) A variance granted under subsection (b) must be conditioned
upon compliance with the alternative method approved by the
department. Noncompliance constitutes the violation of a rule of the
department and may be the basis for revoking the variance.
(d) The department may grant a waiver of a rule if an applicant for
a license or a licensee under this article does the following:
(1) Submits to the department a written request for the waiver in
the form and manner specified by the department.
(2) Documents that compliance with the rule specified in the
application for the waiver will create an undue hardship on the
applicant for the waiver, as determined by the department.
(3) Documents that the applicant for the waiver will be in
substantial compliance with the rules adopted by the department
after the waiver is granted, as determined by the department.
(4) Documents that noncompliance with the rule specified in the
application for a waiver will not be adverse to the health, safety,
or welfare of a child receiving services from the applicant for the
waiver, as determined by the department.
(e) Except for a variance or waiver of a rule governing foster family
homes, a variance or waiver of a rule under this section that conflicts
with a building rule or fire safety rule adopted by the fire prevention
and building safety commission department of homeland security is
not effective until the variance or waiver is approved by the fire
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prevention and building safety commission. department of homeland
security.
(f) A waiver may not be granted for an applicant who has been
convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8.
SECTION 471. IC 31-27-2-10, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 10. (a) If the department determines
that a waiver or variance expiring under section 9 of this chapter will
continue to serve the public interest, the department may do the
following:
(1) Renew the waiver or variance without modifications.
(2) Renew and modify the waiver or variance as needed to
promote statewide practices and to protect the rights of persons
affected by this chapter.
(b) Before taking an action under subsection (a), the department
may require a licensee under this article to do the following:
(1) Apply for the renewal of a waiver or variance on the form
specified by the department.
(2) Provide the information required by the department.
(c) Except for a variance or waiver of a rule governing foster family
homes, before taking an action under subsection (a), the department
must obtain the approval of the fire prevention and building safety
commission department of homeland security, or if applicable, the
state building commissioner, for the action if either of the following
occurs:
(1) The fire prevention and building safety commission
substantially department of homeland security or state
building commissioner changes a building rule requirement or
fire safety rule adopted by the department of homeland
security affected by the waiver or variance after the date the
commission department of homeland security or state building
commissioner last approved the waiver or variance.
(2) The department substantially modifies any part of a waiver or
variance that conflicts with a building rule or fire safety rule
adopted by the fire prevention and building safety commission.
department of homeland security.
SECTION 472. IC 31-27-3-17, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 17. The fire prevention and
building safety commission department of homeland security may
not adopt rules requiring the installation of a sprinkler system in a
living unit of a licensed child caring institution in which fewer than
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sixteen (16) children reside, each of whom is:
(1) ambulatory; and
(2) at least six (6) years of age.
SECTION 473. IC 31-27-4-4, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 4. The fire prevention and building
safety commission department of homeland security shall provide
consultation regarding the licensure of foster family homes to the
department upon request.
SECTION 474. IC 32-21-2.5-8, AS AMENDED BY SEA 191-2026,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 8. (a) As used in this section, "paper document"
or "paper documents" means a tangible record that is received by a
county recorder in a form that is not electronic.
(b) A county recorder shall receive for recording, indexing, storage,
archiving, access to, searching of, retrieval, and transmittal all
electronic documents proper for recording. A county recorder shall also
accept electronically any fee or tax that the county recorder is
authorized to collect under applicable laws. A county recorder shall
implement the processing of electronic documents proper for recording
in compliance with:
(1) this article;
(2) IC 33-42;
(3) IC 36-2-7.5;
(4) IC 36-2-11; and
(5) IC 36-2-13;
and the standards adopted by the electronic recording commission
created under section 9 of this chapter (before its repeal).
(c) This section does not apply to the following documents:
(1) A military discharge under IC 10-17-2.
(2) A survey of real property.
(3) A plat of real property.
(4) A document containing the identifying information of a
participant in the address confidentiality program under
IC 5-26.5.
(d) A recorder who accepts electronic documents for recording
shall:
(1) continue to accept paper documents as authorized by state
law; and
(2) place entries for paper documents and electronic documents
in the same index.
(e) A recorder who accepts electronic documents for recording may:
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(1) convert paper documents accepted for recording into
electronic form;
(2) convert into electronic form information recorded before the
county recorder began to accept and index electronic documents;
or
(3) agree with other officials of a state or a political subdivision
of a state, or of the United States, on procedures or processes to
facilitate the electronic satisfaction of prior approvals and
conditions precedent to recording and the electronic payment of
fees and taxes.
SECTION 475. IC 32-21-2.5-9 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 9. (a) The electronic recording commission is established
to adopt standards to implement this chapter before January 1, 2018.
The commission consists of the following five (5) members appointed
by the governor:
(1) Three (3) members must be county recorders.
(2) One (1) member must be employed in Indiana in the banking
or mortgage lending industry.
(3) One (1) member must be employed in Indiana in the land title
industry.
(b) To keep the standards and practices of county recorders in
Indiana in harmony with the standards and practices of recording
offices in other jurisdictions that enact substantially this chapter and to
keep the technology used by county recorders in Indiana compatible
with technology used by recording offices in other jurisdictions that
enact substantially this chapter, the electronic recording commission,
so far as is consistent with the purposes, policies, and provisions of this
chapter, in adopting, amending, and repealing standards shall consider:
(1) standards and practices of other jurisdictions;
(2) the most recent standards promulgated by national standard
setting bodies, such as the Property Records Industry Association
(PRIA);
(3) the views of interested persons and governmental officials and
entities;
(4) the needs of counties of varying size, population, and
resources; and
(5) standards requiring adequate information security protection
to ensure that electronic documents are accurate, authentic,
adequately preserved, and resistant to tampering.
SECTION 476. IC 32-21-5.2-3, AS ADDED BY P.L.157-2024,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 3. As used in this chapter, "local building
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department" means, in any county, city, or town, the department,
division, agency, section, or office that enforces the Indiana building
code adopted by the fire prevention and building safety commission,
department of homeland security, as required by IC 36-7-2-9(1).
SECTION 477. IC 34-13-3-2, AS AMENDED BY P.L.111-2021,
SECTION 102, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 2. This chapter applies to a claim
or suit in tort against any of the following:
(1) The bureau of motor vehicles commission established by
IC 9-14-9-1.
(2) A member of the bureau of motor vehicles commission board
established under IC 9-14-9-2.
(3) An employee of the bureau of motor vehicles commission.
(4) A member of the driver education advisory board established
by IC 9-27-6-5 (before its repeal).
(5) An approved postsecondary educational institution (as defined
in IC 21-7-13-6(a)(1)), or an association acting on behalf of an
approved postsecondary educational institution, that:
(A) shares data with the commission for higher education
under IC 21-12-12-1; and
(B) is named as a defendant in a claim or suit in tort based on
any breach of the confidentiality of the data that occurs after
the institution has transmitted the data in compliance with
IC 21-12-12-1.
(6) The state fair commission established by IC 15-13-2-1.
(7) A member of the state fair commission established by
IC 15-13-2-1 or an employee of the state fair commission.
(8) The state fair board established by IC 15-13-5-1.
(9) A member of the state fair board established by IC 15-13-5-1.
SECTION 478. IC 34-30-2.1-12 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 12. IC 4-23-6-6 (Concerning medical examiners
performing certain examinations or autopsies).
SECTION 479. IC 34-30-2.1-30 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 30. IC 5-2-2-14(b) (Concerning the state for
violations of the law enforcement academy building commission law).
SECTION 480. IC 34-30-2.1-106 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 106. IC 9-27-6-5(h) (Concerning members of the
driver education advisory board).
SECTION 481. IC 34-30-2.1-107 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 107. IC 9-27-7-6(e) (Concerning members of the
advisory board to the motorcycle operator safety education program).
SECTION 482. IC 34-30-2.1-127 IS REPEALED [EFFECTIVE
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JULY 1, 2026]. Sec. 127. IC 10-18-1-2 (Concerning members of the
Indiana war memorials commission).
SECTION 483. IC 34-30-2.1-252 IS REPEALED [EFFECTIVE
JULY 1, 2027]. Sec. 252. IC 16-41-42.2-5(k) (Concerning members of
the spinal cord and brain injury research board).
SECTION 484. IC 35-44.2-3-3 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 3. A member or person employed by the law
enforcement academy building commission who has a conflict of
interest with respect to an action by the commission is subject to
criminal prosecution under IC 5-2-2-11.
SECTION 485. IC 35-47.5-2-3 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 3. "Commission" refers to the fire prevention and
building safety commission established by IC 22-12-2-1.
SECTION 486. IC 35-47.5-4-4, AS AMENDED BY P.L.187-2021,
SECTION 134, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 4. (a) The department shall issue a
regulated explosives magazine permit to maintain an explosives
magazine to an applicant who qualifies under section 5 of this chapter.
(b) A permit issued under subsection (a) expires one (1) year after
it is issued. The permit is limited to storage of the types and maximum
quantities of explosives specified in the permit in the place covered by
the permit and under the construction and location requirements
specified in the rules of the commission. department.
SECTION 487. IC 35-47.5-4-4.5, AS AMENDED BY
P.L.187-2021, SECTION 135, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 4.5. (a) This section
does not apply to:
(1) a person who is regulated under IC 14-34; or
(2) near surface or subsurface use of regulated explosives
associated with oil and natural gas:
(A) exploration;
(B) development;
(C) production; or
(D) abandonment activities or procedures.
(b) The commission department shall adopt rules under IC 4-22-2
to:
(1) govern the use of a regulated explosive; and
(2) establish requirements for the issuance of a license for the use
of a regulated explosive.
(c) The commission department shall include the following
requirements in the rules adopted under subsection (b):
(1) Relicensure every three (3) years after the initial issuance of
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a license.
(2) Continuing education as a condition of relicensure.
(3) An application for licensure or relicensure must be submitted
to the department on forms approved by the commission.
department.
(4) A fee for licensure and relicensure.
(5) Reciprocal recognition of a license for the use of a regulated
explosive issued by another state if the licensure requirements of
the other state are substantially similar to the licensure
requirements established by the commission. department.
(d) A person may not use a regulated explosive unless the person
has a license issued under this section for the use of a regulated
explosive.
(e) The department shall carry out the licensing and relicensing
program under the rules adopted by the commission. department.
(f) As used in this section, "regulated explosive" does not include
either of the following:
(1) Consumer fireworks (as defined in 27 CFR 555.11).
(2) Commercially manufactured black powder in quantities not to
exceed fifty (50) pounds, if the black powder is intended to be
used solely for sporting, recreational, or cultural purposes in
antique firearms or antique devices.
SECTION 488. IC 35-47.5-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 5. (a) To qualify for a
regulated explosives permit, an applicant must:
(1) submit information on the form provided by the state fire
marshal describing:
(A) the location of the affected magazine;
(B) the types and maximum quantities of explosives that will
be kept in the place covered by the application; and
(C) the distance that the affected magazine will be located
from the nearest highway, railway, and structure that is also
used as a place of habitation or assembly other than for the
manufacture of explosives;
(2) except as provided in subdivision (3), demonstrate through an
inspection that the magazine is constructed and located in
accordance with the rules adopted by the commission;
department;
(3) demonstrate through an inspection that smoking, matches,
open flames, and spark producing devices are not allowed within
a room containing an indoor magazine; and
(4) pay the fee under IC 22-12-6-6.
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(b) To qualify for the renewal of a regulated explosives permit, the
applicant must pay the fee under IC 22-12-6-6.
SECTION 489. IC 35-47.5-4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 6. (a) This section does
not apply to storage that is exempted from the requirements of this
section in the rules adopted by the commission department under
IC 22-13-3.
(b) A person who:
(1) stores a regulated explosive;
(2) has control over a regulated explosive that is stored; or
(3) has control over a place where a regulated explosive is stored;
without a regulated explosives magazine permit issued under this
chapter that covers the storage commits a Class C infraction.
SECTION 490. IC 35-47.5-5-11, AS AMENDED BY P.L.158-2013,
SECTION 617, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 11. A person who recklessly
violates a rule regarding the use of a regulated explosive adopted by the
commission department under IC 35-47.5-4-4.5 commits a Class A
misdemeanor. However, the offense is:
(1) a Level 6 felony if the violation of the rule proximately causes
bodily injury; and
(2) a Level 5 felony if the violation of the rule proximately causes
death.
SECTION 491. IC 35-52-5-3 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 3. IC 5-2-2-11 defines a crime concerning the law
enforcement academy building commission.
SECTION 492. IC 35-52-16-93 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 93. IC 16-46-6-12 defines a crime concerning state
health grants and programs.
SECTION 493. IC 36-1-7-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 5. (a) Except as
provided in subsection (b) and regardless of the requirements of section
4 of this chapter, if an agreement under section 3 of this chapter
concerns the provision of services or facilities that a state officer or
state agency has power to control, the agreement must be submitted to
that officer or agency for approval before it takes effect.
(b) If a reciprocal borrowing agreement under section 3 of this
chapter concerns the provision of library services or facilities between
public libraries that are of the same nature as the services provided
under the statewide library card program under IC 4-23-7.1-5.1, the
reciprocal borrowing agreement is not required to be submitted to the
Indiana library and historical board for approval before the reciprocal
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borrowing agreement takes effect, but a copy of the reciprocal
borrowing agreement shall be submitted to the state library.
(c) Approval or disapproval is governed by the same provisions
prescribed by section 4(b) of this chapter for the attorney general.
SECTION 494. IC 36-1-12-11, AS AMENDED BY P.L.187-2021,
SECTION 138, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 11. (a) The board must, within sixty
(60) days after the completion of the public work project, file in the
department of homeland security a complete set of final record
drawings for the public work project. However, this requirement does
not apply to a public work project constructed at a cost less than one
hundred thousand dollars ($100,000). In addition, the filing of the
drawings is required only if the project involves a public building.
(b) The department of homeland security shall provide a depository
for all final record drawings filed, and retain them for inspection and
loan under regulated conditions. The fire prevention and building
safety commission department of homeland security may designate
the librarian of Indiana as the custodian of the final record drawings.
The librarian shall preserve the final record drawings in the state
archives as public documents.
SECTION 495. IC 36-7-2-9, AS AMENDED BY P.L.22-2005,
SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 9. Each unit shall require compliance with:
(1) the code of building laws and fire safety laws that is adopted
in the rules of the fire prevention and building safety commission
department of homeland security under IC 22-13;
(2) orders issued under IC 22-13-2-11 that grant a variance to the
code of building laws and fire safety laws described in
subdivision (1);
(3) orders issued under IC 22-12-7 that apply the code of building
laws described in subdivision (1);
(4) IC 22-15-3-7; and
(5) a written interpretation of a building law and fire safety law
binding on the unit under IC 22-13-5-3 or IC 22-13-5-4.
SECTION 496. IC 36-7-2-9.1, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 9.1. (a) This section does not apply to:
(1) a manufactured housing community; or
(2) a mobile home community;
that is licensed, permitted, and inspected by the Indiana department of
health or a local board of health.
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(b) This section applies only to a city, town, or county that requires
a building permit, plan review, or inspection for the construction of a
Class 2 structure.
(c) As used in this section, "Class 2 structure" has the meaning set
forth in IC 22-12-1-5.
(d) A city, town, or county shall allow the plan review or inspection
to be conducted by the following:
(1) An individual who is employed by the city, town, or county as
a building inspector.
(2) An individual who is employed by another city, town, or
county as a building inspector.
(3) A private provider who is:
(A) an architect registered under IC 25-4-1;
(B) a professional engineer registered under IC 25-31-1; or
(C) a certified building official (as defined in IC 36-7-2.5-3).
IC 36-7-2.5-4).
(e) An applicant for a building permit may choose to have a private
provider under subsection (d)(3) conduct the plan review or inspection
as provided in IC 36-7-2.5.
SECTION 497. IC 36-7-4-1108, AS AMENDED BY P.L.134-2024,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 1108. (a) This section applies only to a child care
home that is used as the primary residence of the person who operates
the child care home regardless of whether the child care home meets
the definition set forth in IC 12-7-2-28.6.
(b) A zoning ordinance may not do any of the following:
(1) Exclude a child care home from a residential area solely
because the child care home is a business.
(2) Impose limits on the number of children that may be served by
a child care home at any one (1) time that vary from the limits set
forth in IC 12-7-2-33.7 and IC 12-7-2-33.8.
(3) Impose requirements or restrictions upon child care homes
that vary from the requirements and restrictions imposed upon
child care homes by rules adopted by the division of family
resources or the fire prevention and building safety commission.
department of homeland security.
(c) Notwithstanding subsection (b), a child care home may be
required to meet the same:
(1) zoning requirements;
(2) developmental standards; and
(3) building codes;
that apply to other residential structures in the same residential district
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or classification as the child care home.
SECTION 498. IC 36-7-4.3-3, AS ADDED BY HEA 1001-2026,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. Not later than January 1, 2027, a unit shall
conduct a public hearing to review the UDO and any zoning
regulations and land development rules, with the goal of increasing
housing development by using the following factors:
(1) Providing for higher density development of duplexes,
triplexes, and fourplexes in areas designated for single family
homes.
(2) Constructing other housing types including accessory dwelling
units and manufactured and modular housing.
(3) Adaptive reuse of commercial buildings for residential use
such as allowing multifamily development in retail, office, and
light manufacturing zones.
(4) Increasing the allowable floor area ratio in multifamily
housing areas.
(5) Waiving or eliminating regulations such as requirements for:
(A) garage size and placement;
(B) steeper roof pitch;
(C) minimum lot size and square footage;
(D) greater setbacks;
(E) off-street parking;
(F) design standards that restrict or prohibit the use of code
compliant products; or
(G) property height limitations.
(6) Reviewing impact fee zones with zone advisory committee for
improvements.
(7) Streamlining or shortening the permitting processes and
timelines, including through one stop and parallel process
permitting by fifteen (15) days or more.
(8) Using property tax abatements to enable higher density and
mixed income communities.
(9) Donating vacant land for affordable housing development.
SECTION 499. IC 36-7-8-3, AS AMENDED BY P.L.208-2015,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 3. (a) The legislative body of a county having a
county department of buildings or joint city-county building
department may, by ordinance, adopt building, heating, ventilating, air
conditioning, electrical, plumbing, and sanitation standards for
unincorporated areas of the county. These standards take effect only on
the legislative body's receipt of written approval from the fire
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prevention and building safety commission. department of homeland
security.
(b) An ordinance adopted under this section must be based on
occupancy, and it applies to:
(1) the construction, alteration, equipment, use, occupancy,
location, and maintenance of buildings, structures, and
appurtenances that are on land or over water and are:
(A) erected after the ordinance takes effect; and
(B) if expressly provided by the ordinance, existing when the
ordinance takes effect;
(2) conversions of buildings and structures, or parts of them, from
one occupancy classification to another; and
(3) the movement or demolition of buildings, structures, and
equipment for the operation of buildings and structures.
(c) The rules of the fire prevention and building safety commission
department of homeland security are the minimum standards upon
which ordinances adopted under this section must be based.
(d) An ordinance adopted under this section does not apply to
private homes that are built by individuals and used for their own
occupancy. However, onsite sewage systems of a private home
described in this subsection must comply with state laws and rules.
SECTION 500. IC 36-7-8-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 4. (a) The legislative
body of a county having a county department of buildings or a joint
city-county building department may, by ordinance, adopt minimum
housing standards for unincorporated areas of the county. These
standards must be consistent with the rules of the fire prevention and
building safety commission. department of homeland security.
(b) An ordinance adopted under this section applies to:
(1) residential buildings;
(2) residential parts of mixed occupancy buildings; and
(3) conversions of buildings from nonresidential to residential or
partly residential.
(c) A municipality may elect, by ordinance, to make itself subject to
an ordinance adopted under this section.
(d) This section does not affect IC 16-41-26.
SECTION 501. IC 36-8-17-1 IS REPEALED [EFFECTIVE JULY
1, 2027]. Sec. 1. As used in this chapter, "commission" refers to the fire
prevention and building safety commission.
SECTION 502. IC 36-8-17-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 3. As used in this
chapter, "fire safety law" means any law, including rules and orders of
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the commission, department, safeguarding life or property from the
hazards of fire or explosion.
SECTION 503. IC 36-8-17-8, AS AMENDED BY P.L.107-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 8. (a) A fire department serving an area that does
not include a city may engage in an inspection program to promote
compliance with fire safety laws. Upon the request of an owner or a
primary lessee who resides in a private dwelling, the fire department
may inspect the interior of the private dwelling to determine
compliance with IC 22-11-18-3.5. The fire department shall maintain
a written report for each inspection. These reports shall be made
available to the department upon request.
(b) The fire department serving an area that includes a city shall
inspect every place and public way within the jurisdiction of the city,
except the interiors of private dwellings, for compliance with the fire
safety laws. Upon the request of an owner or a primary lessee who
resides in a private dwelling, the fire department may inspect the
interior of the private dwelling to determine compliance with
IC 22-11-18-3.5. Except as otherwise provided in the rules adopted by
the commission, department, the fire chief of the fire department shall
specify the schedule under which places and public ways are inspected
and may exclude a class of places or public ways from inspection under
this section, if the fire chief determines that the public interest will be
served without inspection. The fire department shall maintain a written
report for each inspection. The fire department shall submit monthly
reports to the department, on forms prescribed by the department,
containing the following information:
(1) The total number of inspections made.
(2) The total number of defects found, classified as required by
the office.
(3) The total number of orders issued for correction of each class
of defect.
(4) The total number of orders complied with.
(c) Except as provided in subsection (d), an inspection may only be
carried out by an individual who:
(1) is a firefighter who meets, at a minimum, the training
requirements described in IC 36-8-10.5; or
(2) has:
(A) obtained certification as a:
(i) fire inspector I as described in 655 IAC 1-2.1-12;
(ii) fire inspector II as described in 655 IAC 1-2.1-13; or
(iii) fire inspector I/II as described in 655 IAC 1-2.1-13.1;
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and
(B) in the case of an individual who is not an employee of a
fire department, completed at least two (2) years of experience
as a fire inspector described in clause (A)(i) through (A)(iii).
(d) A volunteer fire department may carry out inspections under this
section only through an individual who is certified under
IC 22-14-2-6(c).
SECTION 504. IC 36-8-17-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 11. (a) An order issued
under section 9 or 10 of this chapter may be appealed to the
commission department under IC 4-21.5-3-7. A decision to deny a
request to modify or reverse an order issued under section 10 of this
chapter is not appealable.
(b) If an order issued under section 9 or 10 of this chapter is
appealed, the commission department or its designee shall conduct all
administrative proceedings under IC 4-21.5. In its proceedings, the
commission department may modify or reverse the order.
SECTION 505. IC 36-8-17-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 13. The commission
department may adopt rules under IC 4-22-2 to implement this
chapter.
SECTION 506. IC 36-12-1-2, AS ADDED BY P.L.1-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. "Indiana library and historical board" refers to
the Indiana library and historical board established by IC 4-23-7-2.
SECTION 507. IC 36-12-3-16, AS AMENDED BY P.L.84-2012,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 16. (a) The library board may adopt a resolution
allowing money to be disbursed under this section for lawful library
purposes, including advertising and promoting the programs and
services of the library.
(b) With the prior written approval of the library board and if the
library board has adopted a resolution under subsection (a), claim
payments may be made in advance of library board allowance for any
of the following types of expenses:
(1) Property or services purchased or leased from the federal
government or the federal government's agencies and the state,
the state's agencies, or the state's political subdivisions.
(2) Dues, subscriptions, and publications.
(3) License or permit fees.
(4) Insurance premiums.
(5) Utility payments or connection charges.
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(6) Federal grant programs where:
(A) advance funding is not prohibited; and
(B) the contracting party posts sufficient security to cover the
amount advanced.
(7) Grants of state funds authorized by statute.
(8) Maintenance and service agreements.
(9) Legal retainer fees.
(10) Conference fees.
(11) Expenses related to the educational or professional
development of an individual employed by the library board,
including:
(A) inservice training;
(B) attending seminars or other special courses of instruction;
and
(C) tuition reimbursement;
if the library board determines that the expenditures under this
subdivision directly benefit the library.
(12) Leases or rental agreements.
(13) Bond or coupon payments.
(14) Payroll costs.
(15) State, federal, or county taxes.
(16) Expenses that must be paid because of emergency
circumstances.
(17) Expenses incurred to advertise and promote the programs
and services of the library.
(18) Other expenses described in a library board resolution.
The library board shall review and allow the claim at the library board's
first regular or special meeting following the payment of a claim under
this section.
(c) Each payment of expenses lawfully incurred for library purposes
must be supported by a fully itemized invoice or other documentation.
The library director shall certify to the library board before payment
that each claim for payment is true and correct. The certification must
be on a form prescribed by the state board of accounts.
(d) Purchases of books, magazines, pamphlets, films, filmstrips,
microforms, microfilms, slides, transparencies, phonodiscs,
phonotapes, models, art reproductions, and all other forms of library
and audiovisual materials are exempt from the restrictions imposed by
IC 5-22.
(e) The purchase of library automation systems must meet the
standards established by the Indiana library and historical board under
IC 4-23-7.1-11(b).
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SECTION 508. IC 36-12-11-2, AS ADDED BY P.L.1-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. As used in this chapter, "board" refers to the
Indiana library and historical board established by IC 4-23-7-2.
SECTION 509. [EFFECTIVE JULY 1, 2027] (a) As used in this
SECTION, "commission" means the Indiana commission for arts
and humanities in education created by IC 4-23-12-1 (before its
repeal by this act).
(b) As used in this SECTION, "department" means the
department of education.
(c) On July 1, 2027, all agreements and liabilities of the
commission are transferred to the department, as the successor
agency.
(d) On July 1, 2027, all records and property of the commission,
including appropriations and other funds under the control or
supervision of the commission, are transferred to the department,
as the successor agency.
(e) After June 30, 2027, any amounts owed to the commission
before July 1, 2027, are considered to be owed to the department,
as the successor agency.
(f) After June 30, 2027, a reference to the commission in a
statute, rule, contract, lease, or other document is considered a
reference to the department, as the successor agency.
(g) All powers, duties, agreements, and liabilities of the
commission with respect to bonds issued by the commission in
connection with any trust agreement or indenture securing those
bonds are transferred to the department, as the successor agency.
The rights of the trustee under any trust agreement or indenture
and the rights of the bondholders of the commission remain
unchanged, although the powers, duties, agreements, and liabilities
of the commission have been transferred to the department, as the
successor agency.
(h) The terms of all members serving on the commission expire
July 1, 2027.
(i) This SECTION expires July 1, 2028.
SECTION 510. [EFFECTIVE JULY 1, 2027] (a) As used in this
SECTION, "commission" means the law enforcement academy
building commission created by IC 5-2-2-1 (before its repeal by this
act).
(b) As used in this SECTION, "department" means the state
police department.
(c) On July 1, 2027, all agreements and liabilities of the
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commission are transferred to the department, as the successor
agency.
(d) On July 1, 2027, all records and property of the commission,
including appropriations and other funds under the control or
supervision of the commission, are transferred to the department,
as the successor agency.
(e) After June 30, 2027, any amounts owed to the commission
before July 1, 2027, are considered to be owed to the department,
as the successor agency.
(f) After June 30, 2027, a reference to the commission in a
statute, rule, contract, lease, or other document is considered a
reference to the department, as the successor agency.
(g) All powers, duties, agreements, and liabilities of the
commission with respect to bonds issued by the commission in
connection with any trust agreement or indenture securing those
bonds are transferred to the department, as the successor agency.
The rights of the trustee under any trust agreement or indenture
and the rights of the bondholders of the commission remain
unchanged, although the powers, duties, agreements, and liabilities
of the commission have been transferred to the department, as the
successor agency.
(h) The terms of all members serving on the commission expire
July 1, 2027.
(i) This SECTION expires July 1, 2028.
SECTION 511. [EFFECTIVE JULY 1, 2026] (a) As used in this
SECTION, "CHLA" refers to the commission on Hispanic/Latino
affairs established by IC 4-23-28-2 (before its repeal by this act).
(b) As used in this SECTION, "CSSBM" refers to the
commission on the social status of black males established by
IC 4-23-31-2 (before its repeal by this act).
(c) As used in this SECTION, "ICW" refers to the Indiana
commission for women created by IC 4-23-25-3 (before its repeal
by this act).
(d) As used in this SECTION, "NAIAC" refers to the Native
American Indian affairs commission established by IC 4-23-32-3
(before its repeal by this act).
(e) As used in this SECTION, "commission" refers to the
Indiana cultural commission established by IC 4-23-36-3 (as added
by this act).
(f) On July 1, 2026, all agreements and liabilities of the:
(1) CHLA;
(2) CSSBM;
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(3) ICW; or
(4) NAIAC;
are transferred to the commission as the successor entity.
(g) On July 1, 2026, all records and property, including
appropriations and other funds under an entity's control or
supervision, of the:
(1) CHLA;
(2) CSSBM;
(3) ICW; or
(4) NAIAC;
are transferred to the commission as the successor entity.
(h) After June 30, 2026, any amount owed to the:
(1) CHLA;
(2) CSSBM;
(3) ICW; or
(4) NAIAC;
is considered to be owed to the commission as the successor entity.
The commission shall transfer any amounts received under this
subsection to the state comptroller for deposit in the state general
fund.
(i) After June 30, 2026, any reference to the:
(1) CHLA;
(2) CSSBM;
(3) ICW; or
(4) NAIAC;
in a statute, rule, or other document is considered a reference to
the commission as the successor entity.
(j) All powers, duties, agreements, and liabilities of the:
(1) CHLA;
(2) CSSBM;
(3) ICW; or
(4) NAIAC;
relating to bonds issued by the board in connection with any trust
agreement or indenture securing those bonds are transferred to the
commission as the successor entity. The rights of the trustee under
any trust agreement or indenture and the rights of bondholders
described in this subsection remain unchanged although the
powers, duties, agreements, and liabilities of the ICW, CHLA,
CSSBM, and NAIAC, as applicable, have been transferred to the
commission as the successor entity.
(k) The term of any member serving as of June 30, 2026, on the:
(1) CHLA;
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(2) CSSBM;
(3) ICW; or
(4) NAIAC;
expires July 1, 2026.
(l) This SECTION expires July 1, 2027.
SECTION 512. [EFFECTIVE JULY 1, 2027] (a) As used in this
SECTION, "commission" means the occupational safety standards
commission created by IC 22-8-1.1-7 (before its repeal by this act).
(b) As used in this SECTION, "board" means the board of
safety review created by IC 22-8-1.1-30.1.
(c) On July 1, 2027, all agreements and liabilities of the
commission are transferred to the board, as the successor entity.
(d) On July 1, 2027, all records and property of the commission,
including appropriations and other funds under the control or
supervision of the commission, are transferred to the board, as the
successor entity.
(e) After June 30, 2027, any amounts owed to the commission
before July 1, 2027, are considered to be owed to the board, as the
successor entity.
(f) After June 30, 2027, a reference to the commission in a
statute, rule, contract, lease, or other document is considered a
reference to the board, as the successor entity.
(g) Proceedings pending before the commission on July 1, 2027,
shall be transferred from the commission to the board and treated
as if initiated by the board.
(h) The rules adopted by the commission before July 1, 2027, are
considered, after June 30, 2027, rules of the board.
(i) All powers, duties, agreements, and liabilities of the
commission with respect to bonds issued by the commission in
connection with any trust agreement or indenture securing those
bonds are transferred to the board, as the successor agency. The
rights of the trustee under any trust agreement or indenture and
the rights of the bondholders of the commission remain unchanged,
although the powers, duties, agreements, and liabilities of the
commission have been transferred to the board, as the successor
entity.
(j) The terms of all members serving on the commission expire
July 1, 2027.
(k) This SECTION expires July 1, 2028.
SECTION 513. [EFFECTIVE UPON PASSAGE] (a) The general
assembly recognizes that HEA 1230-2026 repeals IC 25-1-6,
effective July 1, 2026, and that this act amends IC 25-1-6-3,
HEA 1003 — CC 1
290
effective July 1, 2027. The general assembly intends to repeal
IC 25-1-6 effective July 1, 2026.
(b) This SECTION expires June 30, 2027.
SECTION 514. [EFFECTIVE JULY 1, 2026] (a) On July 1, 2026:
(1) all powers, duties, assets, and liabilities of the integrated
public safety commission;
(2) any rules adopted by the integrated public safety
commission; and
(3) any appropriations to the integrated public safety
commission;
are transferred to the department of homeland security established
by IC 10-19-2-1.
(b) On July 1, 2026, the department of homeland security shall
assume all contractual obligations entered into by the integrated
public safety commission.
(c) After June 30, 2026, a reference to the integrated public
safety commission in any statute, rule, or other document shall be
treated as a reference to the department of homeland security.
(d) This SECTION expires July 1, 2029.
SECTION 515. An emergency is declared for this act.
HEA 1003 — CC 1
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1003 — CC 1

Boards and commissions. Creates the agricultural promotion and regulation task force to study various agriculture related topics. Makes changes to requirements for the readoption of administrative rules. Repeals, merges, consolidates, or otherwise modifies various boards, commissions, and other governmental bodies. Modifies or establishes various funds. Makes changes to the membership, duties, and operations of various boards, commissions, and other governmental bodies. Expands the applicability of a statute concerning county hospital governance to Perry County, Spencer County, and Orange County. Repeals the fire prevention and building safety commission (commission). Transfers the commission's responsibilities and administrative rules to the department of homeland security. Makes certain changes to the administration of building and safety statutes and building and safety codes. Makes technical corrections. Makes an appropriation.

Sponsors

Rep. Steve Bartels (R) sponsors HB 1003, and 8 members have co-sponsored it.

Committees

HB 1003 went before 2 committees: Government and Regulatory Reform and Rules and Legislative Procedure.

Government and Regulatory Reform
Government and Regulatory Reform
Referred to · Jan 8, 2026 · 8 Bills
Rules and Legislative Procedure
Rules and Legislative Procedure
Referred to · Feb 5, 2026 · 47 Bills

History

HB 1003 has taken 45 actions since Jan 8, 2026, the latest on Mar 12, 2026.

ChamberAction
Mar 12, 2026
House
Signed by the Governor
Mar 12, 2026
House
Public Law 152
Mar 5, 2026
Senate
Signed by the President Pro Tempore
Mar 3, 2026
House
Signed by the Speaker
Mar 2, 2026
Senate
Signed by the President of the Senate

Votes

HB 1003 went to 6 roll calls across both chambers, the latest on Feb 27, 2026 at 433.

ChamberQuestion
Yea
Nay
Feb 27, 2026
Senate
Senate - Rules Suspended. Conference Committee Report 1
43
3
Feb 27, 2026
House
House - Rules Suspended. Conference Committee Report 1
69
28
Feb 24, 2026
Senate
Senate - Third reading
47
1
Feb 2, 2026
House
House - Third reading
67
29
Jan 29, 2026
House
House - Amendment #13 (Campbell) failed
31
62

Source: iga.in.gov · legiscan.com