Indiana Bills

signed · Indiana · House May 4, 2023

HB 1601: Exemption from permitting requirements.

Provides that a forestry operation that conducts its operations in compliance with the Indiana Logging and Forestry Best Management Practices Field Guide published by the Indiana department of natural resources is exempt from any requirement to obtain a permit from the department of natural resources or the department of environmental management concerning forestry activities confined to a waterway that has a watershed not greater than 10 square miles. Defines forestry operation. Defines waterway.

signed · Indiana · House May 4, 2023

HB 1342: Direct support professionals.

Requires the division of disability and rehabilitative services (division) to establish and maintain a direct support professional registry and to make the registry available to authorized division personnel and authorized service providers. Requires a direct support professional to register with the division in order to provide direct support services. Requires the division to adopt rules to implement the registry, including establishing definitions and levels for substantiated abuse, neglect, and exploitation, the highest of which is the minimum the division must report to the registry. Requires the division to consult with stakeholders and establish a tiered training certification program for direct support professionals. Requires the division to issue a request for proposals before January 1, 2024, to operate the training program. Requires the division to make every effort to contract with a vendor for the training program not later than January 1, 2025. Requires a selected vendor to begin operating the training program before July 1, 2025. Requires the division to first use any funds available from the federal American Rescue Plan Act in developing the registry before using other available funds. Allows the division to use any federal dollars available for the registry and training. Requires the division to apply to the federal government for approval of Medicaid reimbursement for services provided by a direct support professional.

signed · Indiana · House May 4, 2023

HB 1449: Twenty-first century scholars program.

Provides that the commission for higher education shall do the following: (1) In cooperation with the department of education, identify students who meet the requirements to participate in the twenty-first century scholars program (program). (2) Notify the student and the custodial parent or guardian of the student, if the student is an unemancipated minor, that: (A) the student is eligible to participate in the program; (B) the student must agree to the conditions required to participate in the program; and (C) the student has the right to opt out of the program at any time.

signed · Indiana · House May 4, 2023

HB 1447: Education matters.

Provides that, if a school corporation or qualified school uses a third party vendor in providing certain personal analyses, evaluations, or surveys, the third party vendor and the school corporation or qualified school may not record, collect, or maintain the responses to or results of the analysis, evaluation, or survey in a manner that would identify the responses or results of an individual student. Provides that, if a school corporation or qualified school uses a third party vendor in providing the personal analysis, evaluation, or survey, the school corporation or qualified school must provide parents or students, as applicable, two requests for written consent before administering the analysis, evaluation, or survey. Provides that the school corporation or qualified school may administer the personal analysis, evaluation, or survey if a parent or student, as applicable, does not decline the analysis, evaluation, or survey. Requires each school corporation or qualified school to: (1) post a copy of a personal analysis, evaluation, or survey on the school corporation's or qualified school's website; and (2) send with each notice an explanation of the reasons that the school corporation or qualified school is administering the personal analysis, evaluation, or survey. Requires each qualified school to establish and maintain a grievance procedure for complaints regarding a violation of this provision. Provides that, if a state agency, school corporation, or qualified school or an employee of a state agency, school corporation, or qualified school requires, makes part of a course, awards a grade or course credit, or otherwise incentivizes a student to engage in: (1) political activism; (2) lobbying; or (3) efforts to persuade members of the legislative or executive branch at the federal, state, or local level; the state agency, school corporation, or qualified school or the employee of the state agency, school corporation, or qualified school shall not require the student to adopt, affirm, affiliate, or take any action that would result in favoring any particular position on the issue or issues involved without offering an alternative option for the student to complete the assignment or receive extra credit or other incentivization that allows for the favoring of an alternative position. After June 30, 2023, requires certain contracts between a school corporation or a qualified school and a third party vendor concerning a personal analysis, survey, or evaluation to contain a breach of contract provision. Requires schools to adopt policies and procedures concerning material alleged to be obscene or harmful to minors. Removes schools from the list of entities eligible for a specified defense to such criminal prosecutions.

signed · Indiana · Senate May 4, 2023

SB 4: Public health commission.

Defines "core public health services" for purposes of public health laws. Adds members to the executive board of the Indiana department of health (state department). Removes a provision allowing the state department to establish branch offices. Provides that the state department may provide services to local health departments. Requires each local board of health to establish a local public health services fund to receive state funding. Provides a method of allocation of state funding to local boards of health, subject to state appropriations. Specifies the percentage of how additional funding may be expended on core public health services. Allows the local health department to enter into contracts or approve grants for core public health services. Allows the state department to issue guidance to local health departments. Requires the state department to make annual local health department reports available to the public. Changes the qualification requirements for a local health officer and requires certain training. Requires the state department to identify state level metrics and county level metrics and requires certain local health departments to report to the state department activities and metrics on the delivery of core public health services. Requires the state department to annually report on the metrics to the budget committee and publish information concerning the metrics on the Internet. Requires that a local health department post a position or contract for the provision or administration of core public health services for at least 30 days. Requires a local health department to provide certain education before administering a vaccine. Requires a multiple county health department to maintain at least one physical office in each represented county. Provides that a new city health department cannot be created after December 31, 2022, but allows current city health departments to continue to operate. Creates the Indiana trauma care commission. Allows a school corporation that cannot obtain an ophthalmologist or optometrist to perform the modified clinical technique vision test to conduct certain specified vision screenings. Requires the school to send to the parent of a student any recommendation for further testing by the vision screener. Allows for standing orders to be used for emergency stock medication in schools. Allows the state health commissioner or designee to issue a statewide standing order, prescription, or protocol for emergency stock medication for schools. Removes the distance requirement for an access practice dentist to provide communication with a dental hygienist. Repeals provisions concerning the Indiana local health department trust account.

signed · Indiana · House May 4, 2023

HB 1195: ICJI victim services division.

Allows the victim services division (division) of the Indiana criminal justice institute (ICJI) to assume the duties of the domestic violence prevention and treatment council (council) within the division. Repeals the provisions regarding the council within the division. Makes conforming changes.

signed · Indiana · House May 4, 2023

HB 1483: Discipline rules regarding bullying.

Provides that discipline rules adopted by the governing body of a school corporation must include timetables for reporting bullying incidents to parents of both the targeted student and the alleged perpetrator in an expedited manner that is not later than five business days after the incident is reported. (Current law provides that discipline rules adopted by the governing body of a school corporation must include timetables for reporting bullying incidents to parents of both the targeted student and the bully in an expedited manner.) Provides that discipline rules adopted by the governing body of a school corporation: (1) must include provisions that require a school to prioritize the safety of the victim; (2) may include provisions to determine: (A) the severity of an incident of bullying; and (B) whether an incident of bullying may warrant the transfer of the victim or the alleged perpetrator to another school in the school corporation; and (3) must include policies to allow a parent of a child in the school corporation to review any materials used in any bullying prevention or suicide prevention program. Requires public schools to document acts of bullying and abusive behaviors against a victim and committed by a verified perpetrator.

signed · Indiana · Senate May 4, 2023

SB 242: Floodplain mapping.

Repeals the requirement that local floodplain administrators use the "best floodplain mapping data" as provided by the department of natural resources (department) and located on the Indiana Floodplain Information Portal when reviewing an application for a permit to authorize construction in or near a floodplain. Provides that, after June 30, 2023, a county or municipality may not issue a permit for construction activity in or near a floodplain unless the permit applicant is allowed to elect whether the local floodplain administrator will use: (1) the department's "best floodplain mapping data"; or (2) an engineering study provided by the permit applicant; in reviewing the permit application. Prohibits a local floodplain administrator from issuing a permit authorizing a structure or construction activity in or near a floodplain if the issuance of the permit will violate National Flood Insurance Program requirements. Provides that, after June 30, 2025, an individual may not serve as the floodplain administrator of a county or municipality unless the individual has successfully completed: (1) the Certified Floodplain Manager program of the Association of State Floodplain Managers; or (2) another course or training program for local floodplain managers that is approved by the Federal Emergency Management Agency or the department. Provides that a person that has: (1) an ownership interest; (2) a leasehold interest; or (3) a security interest; in a parcel of real property may at any time request a review by the department of the department's "best floodplain mapping data" that applies to the parcel of real property. Requires the department to conduct the review at no cost to the person requesting the review and to use a detailed hydrologic modeling method in conducting the review. Provides that: (1) if the person requesting the review has applied to a local floodplain administrator for a permit authorizing the construction of a structure or other construction activity on the parcel of real property; and (2) the department does not complete the review within 120 days after the review was requested; the person may elect whether the local floodplain administrator, in reviewing the person's permit application, will use the department's "best floodplain mapping data" or an engineering study provided by the person. Provides that, in the disclosure form that is adopted by the Indiana real estate commission and that must be submitted to a prospective buyer of real estate before the prospective buyer's offer is accepted, the owner of real estate must disclose the fact that all or a portion of the owner's real estate is located within a community's floodplain boundaries, as indicated in a Federal Emergency Management Agency Flood Insurance Rate Map, if the owner has personal knowledge of that fact.

signed · Indiana · House May 4, 2023

HB 1173: Utility scale battery energy storage systems.

Provides that a person may not: (1) construct a new utility scale battery energy storage system (BESS); or (2) expand the capacity of an existing BESS by more than 10% of the system's original capacity; without the prior approval of the department of homeland security (department). Sets forth information that must be included in an application to the department for approval of the construction or expansion of a BESS. Provides that: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; must comply with the National Fire Protection Association's standard concerning stationary energy storage systems (NFPA 855). Provides that the total capacity of the batteries contained within a single enclosure in: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; may not exceed 10 megawatt hours unless authorized under rules adopted by the fire prevention and building safety commission (commission). Provides that if a BESS installed after June 30, 2023, is located less than 1/2 mile from the nearest 100 year flood plain, all of the system's equipment must be located at least two feet above the 100 year frequency flood elevation. Requires the operator of a BESS to: (1) provide a copy of the operator's emergency response plan for the BESS; and (2) offer training to enable effective response to a fire or contaminant discharge at the BESS; to the fire department responsible for providing fire protection services in the area in which the BESS is located. Authorizes the commission to adopt rules to specify standards for the installation and operation of a BESS. Provides that the commission's rules: (1) must be consistent with NFPA 855; and (2) must include standards for: (A) chemical spill prevention and control; and (B) appropriate setbacks from surface water resources. Requires the department to issue to the interim study committee on energy, utilities, and telecommunication, not later than November 1, 2023, a report regarding the progress of the commission in adopting rules addressing the installation and operation of a BESS.

signed · Indiana · Senate May 4, 2023

SB 326: Professional sports and convention development areas.

Adds certain city facilities located in the city of South Bend to the tax area of the South Bend professional sports and convention development area (PSCDA). Increases the maximum amount of covered taxes that may be captured in the PSCDA from $2,000,000 to $5,000,000. Provides that the first $2,500,000 of captured taxes each year shall be transferred to the city of South Bend to be used for capital improvements for a facility owned by the city and used by a professional sports franchise. Provides that the remaining captured taxes each year shall be transferred to the city of South Bend to be used consistent with specified uses under current law. Provides that the South Bend PSCDA terminates not later than June 30, 2044. Increases the amount of revenue that may be captured in a PSCDA (other than a PSCDA in Allen County or South Bend) to an amount that may not exceed $10 (instead of $5 under current law) per resident. Authorizes the city of Fishers to establish a professional sports development area. Provides that, for a professional sports development area established in the city of Fishers, the maximum amount of covered taxes that may be captured is $2,000,000 per year. Specifies the uses of the captured tax revenue. Provides that the professional sports development area terminates not later than June 30, 2044.

signed · Indiana · Senate May 4, 2023

SB 236: Learner's permits.

Provides that, to obtain a learner's permit, an individual who is less than 18 years of age must provide the bureau of motor vehicles with an emergency contact person who is not the holder of the learner's permit to be listed in the Indiana emergency contact data base for the individual who holds the learner's permit.

signed · Indiana · Senate May 4, 2023

SB 344: Northeast Indiana strategic development commission.

Establishes the northeast Indiana strategic development fund (fund) administered by the northeast Indiana strategic development commission (commission). Prohibits money in the fund from being used for the purposes of expanding or increasing access to broadband. Adds additional purposes to be carried out by the commission in the development area. Expands the membership of the commission to include two additional voting members to be appointed by the mayors and commissioners caucus of the northeast Indiana regional development authority and specifies certain qualifications for the appointments.

Bill results