Sen. Gary Byrne

Defines "sex" and "gender" for purposes of the Indiana Code. States that the definitions of "sex" and "gender" are meant to be synonymous in the Indiana Code unless specifically defined otherwise and is clarifying language. Sets forth requirements of a short form birth certificate and a long form birth certificate. Specifies when a short form birth certificate may be amended. Requires the Indiana department of health to: (1) update the definition of "sex" used by the agencies; (2) identify birth certificates issued with a change in sex classification by court order; (3) change the sex on the birth certificate back to the originating sex and reissue the birth certificate; and (4) void the superseded document. Allows for the sharing of certain information among specified agencies for the purpose of reissuing a birth certificate. Requires public buildings, certain schools, state educational institutions, and certain businesses to designate multiple occupancy restrooms or changing areas for the exclusive use of the male sex or the exclusive use of the female sex and provides, with exceptions, that an individual may only use a multiple occupancy restroom or changing area designated for the individual's sex. Provides specified remedies for a violation of these requirements, including criminal penalties or civil actions. Provides that a school may not promote or encourage the use of, or require, compel, or coerce a student, an employee of the school, or a staff member of the school to use: (1) a pronoun, title, or other word to identify a student, school employee, or other individual that is inconsistent with the student's, employee's, or individual's biological sex; or (2) a name or nickname to identify a student that is inconsistent with the student's name on the student's birth certificate. Creates an exception. Prohibits the department of correction (department) and each county jail from housing incarcerated individuals in a facility that does not align with the incarcerated individual's sex. Creates a civil cause of action for the department's or a county jail's failure to comply with the prohibition.

Provides that after December 31, 2025, a permit authority may not establish in a unit a zoning overlay district in which one or more commercial solar energy projects (CSE projects) will be located unless each underlying zoning district across which the proposed overlay district will extend is zoned for a use that, under the unit's existing zoning ordinance at the time the overlay district is proposed, permits the location of a CSE project within that underlying district. Provides that if one or more underlying zoning districts across which the proposed overlay district will extend is not zoned for a use that permits the location of a CSE project within that underlying district, each such underlying zoning district, or part of the zoning district, must be rezoned for a use that permits the location of a CSE project within all or part of the underlying zoning district.

Allows the general assembly to amend congressional districts at a time other than the first regular session of the general assembly convening immediately following the United States decennial census. Specifies requirements that apply to any action challenging the apportionment of congressional districts or general assembly districts. Establishes new Indiana congressional districts. Provides for expiration of the current congressional districts on the date of the 2026 general election. Specifies that for purposes of the 2026 primary and general election, a precinct may cross the boundary of a congressional district. Requires the election division to assist each county voter registration office with the implementation of this act. Makes technical and necessary changes in related statutes.

Authorizes the death penalty to be carried out by firing squad: (1) if execution by lethal injection cannot be carried out due to the unavailability of a required drug; or (2) upon request by the condemned person. Establishes a procedure for execution by firing squad. Makes conforming amendments and technical corrections.

Makes wearing a mask at a public assembly a Class C misdemeanor, and increases the penalty to a Class A misdemeanor for a second or subsequent offense. Provides a defense under certain circumstances. Increases the penalty for rioting and disorderly conduct to a Level 6 felony if the offense is committed while wearing a mask.

Requires an insurer, a pharmacy benefit manager, or any other administrator of pharmacy benefits to ensure that a network utilized by the insurer, pharmacy benefit manager, or other administrator is reasonably adequate and accessible and file an annual report regarding the network with the commissioner of the department of insurance (commissioner). Sets forth certain limitations and requirements with respect to the provision of pharmacy or pharmacist services under a health plan. Allows any insured, pharmacy, or pharmacist impacted by an alleged violation to file a complaint with the commissioner. Provides that the commissioner may order reimbursement to any person who has incurred a monetary loss as a result of a violation. Requires, if a pharmacy benefit manger is used with regard to a state employee health plan, the state personnel department to either create a pharmacy benefit manager or contract with an insurer, a pharmacy benefit manager, or other administrator. Prohibits a third party administrator from: (1) requiring, as a condition of a plan sponsor entering into a contract with the third party administrator, that the plan sponsor enter into a contract with a particular pharmacy benefit manager; or (2) charging a different fee for services provided by the third party administrator to a plan sponsor based on the plan sponsor's selection of a particular pharmacy benefit manager. Urges the legislative council to assign to the appropriate study committee the task of studying the topic of contracts for pharmacy benefit coverage under the Medicaid program and a state employee health plan.

Provides that, if a school provides instruction on human sexuality or sexually transmitted infections, the instruction must include instruction concerning consent to sexual activity and a presentation on human growth and development during pregnancy. Provides that a school maintained by a school corporation may not use curricular materials to provide instruction on human sexuality that have not been approved by the governing body of a school corporation. Requires a school corporation to include certain information concerning instruction on human sexuality in the written consent forms provided to a parent of a student or a student, if the student is an adult or an emancipated minor, before the student may receive instruction on human sexuality. Requires the governing body of a school corporation to publish a list of materials used in connection with instruction on human sexuality on the school's website and to include a link to the list of materials on electronically formatted written consent forms. Replaces references to "sexually transmitted diseases" with "sexually transmitted infections". Makes conforming changes.

Requires a petition of nomination for a school board office to state one of the following: (1) The candidate's political party affiliation. (2) That the candidate is an independent candidate. (3) That the candidate elects not to disclose any affiliation with a political party or that the candidate is not affiliated with a political party and does not identify as an independent candidate. Specifies that unless a candidate who states a political party affiliation is challenged, the candidate's statement must be indicated on the ballot. Provides that the name of a candidate for school board office who does not run in affiliation with a political party or as an independent candidate must be printed with a blank space after the candidate's name signifying that the candidate elects not to disclose any affiliation with a political party or that the candidate is not affiliated with a political party and does not identify as an independent candidate. Specifies that a straight party vote does not count for any candidate for a school board office. Requires a school board vacancy to be filled by: (1) a caucus if the vacating member stated an affiliation with a major political party; and (2) the remaining members of the governing body if the vacating member did not state an affiliation with a major political party. Modifies the annual amount that the governing body of a school corporation may pay a member of the governing body from $2,000 (under current law) to an amount not to exceed 10% of the lowest starting salary of a teacher employed by the school corporation.

Provides that a signal jammer may be seized. Provides that a person who knowingly or intentionally manufactures, offers for sale, imports, markets, sells, possesses, uses, or operates a signal jammer commits unlawful use of a signal jammer, a Level 6 felony. Provides that the offense is a Level 5 felony if a signal jammer is used to disrupt a component of a critical infrastructure facility or the communications of a public safety agency. Provides, for purposes of criminal statutes regarding offenses involving critical infrastructure, that a communications services facility includes wires and equipment used to provide communications service to a customer.

Allows a state agency to use artificial intelligence software to prepare information and projections for the state budget. Requires a state agency to provide a quarterly report to the budget committee that details the requests submitted by the state agency for new federal funds or to participate in a new federal program. Provides that, in addition to the quarterly reports, a state agency may not immediately accept an award of new federal funds in certain circumstances or participate in a new federal program before a report has been reviewed by the budget committee. Specifies the contents of the report that must be submitted for budget committee review. Requires a state agency to provide the state comptroller with a contract for inclusion in the Indiana transparency website not later than 30 days after the contract is fully executed. Requires that permanent full-time positions which have been vacant for 90 days or more be reviewed and either reauthorized or eliminated by the budget director. Requires the budget director to provide a quarterly report to the governor's office regarding those positions that were reauthorized or eliminated by the budget director in the preceding three months. Requires a state agency to provide quarterly reports to the budget committee regarding the state agency's active contracts. Provides for the reversion of funds appropriated to a state agency for expenses related to a contract that are unused after the end of the contract term. Requires the department of administration (department) to develop certain contract language to be included in state contracts of $500,000 or more. Requires a state agency to provide a report to the budget committee concerning amendments to a contract that: (1) increase the maximum contract amount by not less than $500,000; or (2) for a contract with an initial maximum contract amount of not less than $500,000, extend the term of the contract by not less than six months. Prohibits a state agency from entering into a nonpublic contract. Requires all contract opportunities of state agencies to be posted in the form of a request for proposals or a request for quotations on the department's website at least 30 days prior to the contract being awarded. Requires the office of the secretary of family and social services and the office of Medicaid policy and planning to do the following: (1) Review monthly reports on the Medicaid program service utilization to identify trends and risks within the state Medicaid program. (2) Post publicly on the office of the secretary of family and social services's website monthly financial reports or expenditures and revenues for each state Medicaid program and commentary providing context for each monthly financial report. (3) Submit a quarterly report to the budget committee.