COMMUNITY DAY BILL REVIEW
Over 15 bills authored this session and 3 are still moving in this session of interests.
HB 1068: UNLICENSED REAL ESTATE SOLICITORS (CLERE E) Defines an “unlicensed real estate solicitor”. Requires an unlicensed real estate solicitor to include a specific disclosure on all solicitations promoting the unlicensed real estate solicitor’s intent to purchase a residential, single-family home. Provides remedies to a homeowner that enters into an agreement with an unlicensed real estate solicitor. Provides that it is a deceptive act enforceable by the attorney general for an unlicensed real estate solicitor to solicit the sale or purchase of real estate without the required disclosure…
HB 1087: PROHIBITED DISCRIMINATION IN HOUSING (PACK R) Expands the Indiana fair housing statute to prohibit discrimination on the basis of a person’s: (1) source of income; (2) military active duty status; or (3) veteran status. Defines the terms “source of income”, “active duty”, and “veteran”.
HB 1111: UNSOLICITED HOME PURCHASE INQUIRIES (PRYOR C) Provides that Indiana law regulating telephone sales calls applies to a telephone solicitation that: (1) is made by a telephone solicitor that is not a licensed real estate broker; and (2) communicates to a consumer: (A) an offer to purchase; (B) an offer to broker, or otherwise assist or act as an intermediary in, the sale of; or (C) an inquiry regarding the consumer’s interest in selling; residential real property that was not publicly offered for sale, or advertised as being for sale, at any time during the 30 days preceding the date on which the telephone solicitation is made (unsolicited home purchase inquiries). Provides that a telephone solicitor that is not a licensed real estate broker may not make more than one unsolicited home purchase inquiry to the same Indiana resident in a single calendar year. Makes a technical correction.
HB 1112: DISCRIMINATORY APPRAISAL PRACTICES (PRYOR C) Adds the following to the duties of the homeowner protection unit (unit) of the office of the attorney general: (1) Cooperating with law enforcement agencies in investigating violations of the federal Fair Housing Act. (2) Investigating and enforcing: (A) existing law prohibiting improperly influencing the preparation of a real estate appraisal; and (B) provisions prohibiting discriminatory practices in the appraisal of residential real property…
HB 1113: PURCHASE OF SINGLE FAMILY RESIDENCES (PRYOR C) Provides that an investment firm may not enter into an executory contract for the purchase of a single family residence until not less than 90 days after the residence is listed for sale. Requires an investment firm to be represented by a real estate broker who: (1) is licensed in Indiana; and (2) is not an employee of the investment firm or any of its subsidiaries; to enter into an executory contract for the purchase of a single family residence.
HB 1128: PROHIBITION ON LIEN FOR MEDICAL DEBT (SUMMERS V) Provides that: (1) any amount of health care debt owed or alleged to be owed by a consumer; or (2) in an action against a consumer in which a judgment has been entered, any amount of the judgment that represents health care debt determined to be owed by the consumer; does not constitute a lien against the consumer’s principal residence. Provides that in any action filed, in a court of competent jurisdiction in Indiana, for the recovery of health care debt owed or alleged to be owed by a consumer, the principal residence of the consumer is not liable to judgment or attachment or to be sold on execution against the consumer.
HB 1176: INVESTOR OWNERSHIP OF SINGLE FAMILY RESIDENCES (HARRIS JR. E) Establishes the housing down payment assistance fund. Establishes a tax of 50% of the fair market value of a single family residence for each single family residence acquired by an applicable taxpayer after the applicable date. Establishes a maximum number of single family residences that may be owned by an applicable taxpayer after the applicable date for purposes of calculating an annual tax on any excess single family residences.
HB 1195: RIGHT TO COUNSEL EVICTION TASK FORCE (SHACKLEFORD R) Establishes the access to counsel in eviction task force (task force) to review matters related to the eviction process and potential funding sources to increase a tenant’s access to counsel in an eviction proceeding. Sets forth membership, and requires the task force to issue a report to the legislative council not later than November 15, 2024. Provides that the task force expires December 31, 2024.
HB 1222: RESIDENTIAL REAL ESTATE SERVICE AGREEMENTS (HAGGARD C) Defines a “residential real estate service agreement” as an agreement: (1) under which a service provider agrees to provide one or more services: (A) in connection with the maintenance, purchase, or sale of residential real estate; and (B) that are not to be performed in their entirety within one year after the agreement is entered into; and (2) that: (A) purports to run with the land or to be binding on future owners; (B) allows for the assignment of the right to provide one or more of the services under the agreement without the consent of the owner of the residential real estate; or (C) purports to create a lien or an encumbrance on, or a security interest in, the residential real estate. Provides that a residential real estate service agreement that is entered into after March 14, 2024, is void and unenforceable. (cut for length)
HB 1313: REAL ESTATE LAND CONTRACTS (MOED J) Defines “principal dwelling land contract” (contract) as a land contract for the sale of real property: (1) designed for the occupancy of one to two families; and (2) that is or will be occupied by the buyer as the buyer’s principal dwelling. Provides that a buyer who has completed the buyer’s obligations under the contract is entitled to the homestead deduction regardless of whether the seller has conveyed title…
SB 64: HOUSING MATTERS (FORD J) Requires, before November 1, 2024, the Indiana housing and community development authority (authority) to prescribe a statement of the rights of a residential tenant in Indiana. Specifies the contents of the statement. Requires the authority to: (1) make the statement available to residential landlords throughout Indiana; and (2) post the statement on the authority’s website. Requires, after October 31, 2024, a residential landlord to provide a tenant with the statement at the time the tenant enters into or renews a rental agreement. Provides that a landlord may not increase the rent payable by a tenant who is at least 62 years of age in an amount that exceeds 10% of the rent payable under the rental agreement in effect on June 30, 2024, and for each year thereafter…
Legislation which would protect against price gouging of seniors.
SB 111: ENFORCEMENT OF RESIDENTIAL LANDLORD OBLIGATIONS (TAYLOR G) Provides that in addition to, or instead of, bringing a court action to enforce a statutory obligation of a residential landlord, a tenant may enforce the obligation by doing the following: (1) Providing notice to the landlord, at least 30 days before the tenant’s next regular rental payment is due…
One of the rent withholding bills this session. Indiana is one of only six states that does not allow tenants to withhold rent on significant habitability issues.
SB 235: LANDLORD-TENANT RELATIONS (ALTING R) Allows a city, county, or town to bring a nuisance action against a tenant or other person responsible for a nuisance. Requires a landlord to repair or replace an essential item not later than 24 hours after being notified by a tenant that the tenant’s rental unit is without certain essential services. Provides that a tenant may bring an enforcement action against a landlord by providing notice of the landlord’s noncompliance and allows for certain remedies to a prevailing tenant. Allows a court to order that a tenant’s regular rental payments are paid into an attorney trust account or to the clerk of the court during the pendency of an enforcement action brought by the tenant…
This bill is a result of a series of stories about a bad acting landlord there. This is another bill which would allow for rent withholding to address habitability issues.
SB 243: LANDLORD-TENANT RELATIONS (HUNLEY A) Provides that a landlord may not sell a residential rental property that is subject to an unexpired written lease unless the landlord gives written notice to the tenant of the residential rental property not less than 60 days before the landlord lists the property for sale, unless certain exceptions apply. Requires a buyer of a residential rental property to honor an unexpired written lease between the previous owner and a tenant unless the buyer of the residential rental property gives written notice to the tenant that the buyer intends to terminate the lease, not less than 30 days before the lease is terminated, and pays the tenant an amount equal to one month rent plus the full security deposit as specified in the written lease.
Committee Vote: FAILED Yeas: 5; Nays: 5
SB 277: RESIDENTIAL LANDLORD-TENANT MATTERS (WALKER G) Provides that the court may appoint a receiver upon request by a county, city, or town when the property owner of a multifamily residential property with more than four dwelling units has failed to pay damages, costs, or attorney’s fees that have been incurred by the multifamily residential property in a nuisance action brought by the county, city, or town…
|EDUCATION AND HIGHER EDUCATION MATTERS (GOODRICH C) Provides that an annual grant amount awarded under the career scholarship account program (CSA) may be used for costs related to obtaining a driver’s license if certain conditions are met. Provides that a CSA annual grant amount may not be used for the purchase or lease of a motor vehicle. Changes certain CSA application time frames from seven days to 30 days. Allows, beginning July 1, 2025, the recipient of a: (1) higher education award; (2) freedom of choice grant; or (3) scholarship under the twenty-first century scholars program; to apply the award, grant, or scholarship to the cost of training by an approved intermediary, employer, or labor organization. Allows, beginning July 1, 2025, certain recipients of a scholarship under the twenty-first century scholars program to apply the scholarship to the cost of a sequence, course, apprenticeship, or program of study provided by a CSA participating entity. Provides maximum annual amounts and maximum aggregate amounts of an award, grant, or scholarship. Requires the commission for higher education (commission) to: (1) create a list of intermediaries, employers, and labor organizations approved to receive reimbursement from a: (A) higher education award; (B) freedom of choice grant; and (C) scholarship under the twenty-first century scholars program; and (2) establish requirements or limitations with regard to reimbursements. Requires each state educational institution to provide certain information regarding degrees, degree completion, faculty members, administrative support staff, costs, salaries, and debt loads to the commission. Requires the commission to prepare longitudinal analysis regarding certain data. Requires each private postsecondary educational institution and each out-of-state public and nonprofit degree granting institutions that offers instructional or educational services or training in Indiana to provide to the department of education information to carry out certain reporting requirements and requirements related to the Indiana Graduates Prepared to Succeed dashboard. Allows for the revocation of an out-of-state public or nonprofit degree granting institution’s authorization if the institution fails to provide the information. Adds teaching to the employment sectors eligible for the next level jobs employer training grant program.
Third reading passed; Roll Call 26: yeas 80, nays 17
|TRANSITION TO TEACHING SCHOLARSHIPS (HEINE D) Provides that any balance in the next generation Hoosier educators scholarship fund remaining after the award of next generation Hoosier educators scholarships for a fiscal year may be used to fund additional transition to teaching scholarships. Removes a provision concerning the reduction of scholarships if certain limits are exceeded.
Third reading passed; Roll Call 28: yeas 96, nays 0
|VARIOUS EDUCATION AND WORKFORCE RELATED MATTERS (BEHNING R) Makes various changes to the education law concerning the following: (1) Indiana diploma requirements and designations and satisfying certain course requirements by obtaining a diploma. (2) The criteria to receive a waiver from postsecondary readiness competency requirements. (3) The minimum number of alternate diplomas that may be counted in determining a school’s or school corporation’s graduation rate. (4) Use of the terms “statewide assessment program” and “statewide summative assessment”. (5) The responsibilities of the state advisory council on the education of children with disabilities. (6) The criteria an individual must meet to participate in the Indiana high school equivalency diploma program. Requires the following: (1) The department of education (department) to send a notice to a school corporation that fails to meet the percentage of state tuition support that must be expended on teacher compensation. (2) A school corporation that receives a notice to meet certain requirements and post the notice and any relevant individual reports on the school corporation’s website until the school corporation has met the expenditure requirements. (3) Each public high school to offer, after June 30, 2028, at least once each school year at least one computer science course as a separate subject in the public high school’s curriculum. (4) The department, in revising and updating academic standards, to consider integrating computer science standards into a subject area being revised. (5) Beginning with the cohort of students who are expected to graduate from a public school or a state accredited nonpublic school in 2029, a student to successfully complete instruction on computer science as a separate subject before the student may graduate. (6) Each public school to participate in an annual statewide survey concerning school fees charged to students or parents to be eligible to receive a distribution from the curricular materials fund. (7) The department to develop proposals to align diploma waiver statutes with new diploma requirements. (8) Charter schools to post certain information. Provides that the state board of education may allow a computer science course to satisfy one or more diploma course requirements. Requires employers to provide an employee’s current standardized occupational classification code and starting compensation on the employee’s withholding allowance certificate or an equivalent form. Requires certain state providers to deliver to the management performance hub a workforce related program submission. Sets out the information to be included in the workforce related program submission. Requires the management performance hub to: (1) compile the workforce related program submissions into an annual data product; and (2) make the data product available to the department of workforce development and the governor’s workforce cabinet. Removes provisions regarding the application and waiver of requirements concerning the percentage of state tuition support that must be used for teacher compensation. Removes provisions that have expired concerning high school graduation requirements and graduation waivers. Makes conforming changes regarding the removal of these provisions. Removes language concerning the disqualification of certain students for state scholarships, grants, or assistance administered by the commission for higher education and provides that a student may not receive or use any state scholarships, grants, or assistance administered by the commission for certain noncredit-bearing, nondegree seeking courses. Provides that the amount a school corporation expends on teacher compensation shall also include amounts the school corporation expends on certain dropout recovery education services and third part virtual providers. Includes a school social worker and a school psychologist in the definition of “teacher” for purposes of requirements regarding the percentage of state tuition support required to be expended on teacher compensation.
Third reading passed; Roll Call 111: yeas 96, nays 0
|BEHAVIORAL ISSUES IN SCHOOLS (SMITH V) Permits a governing body of a school corporation to establish a disruption policy concerning student removal from and reentry to a classroom. Provides that a principal, teacher, or school staff member may immediately remove a disruptive student for a violation of school policy. Provides that a principal must determine a disruptive student’s placement. Provides that a disruptive student who is removed from a classroom at least three times during a 30 day period shall be considered chronically disruptive and may be suspended. Requires that a disruption policy must be included in certain written regulations.
House Bills on Second Reading
|EDUCATION MATTERS (BEHNING R) Establishes the committee on school data reporting to review regulations by state agencies. Defines “literacy coach” and sets forth the requirements for a literacy coach. Provides for the availability of certain grants for literacy coaches. Establishes a mastery based program (program) administered by the department of education. Provides that school corporations and charter schools may apply to participate in the program. Provides that a visiting teacher license issued to a visiting teacher must be a five year nonrenewable license. Requires the department of education (department) and the commission for higher education, in conjunction with the state board of education (state board), to partner with the national council on teacher quality to evaluate teacher preparation reading instruction programs. Provides that, beginning July 1, 2027, the department may not renew a practitioner license or a comparable license to certain individuals unless the individual receives a literacy endorsement. Provides that the department may grant certain individuals a waiver that provides an exception to the literacy endorsement requirements if the department submits a report to the legislative council by a specified date. Provides that a student’s latest statewide assessment program test results are included on the student’s transcript upon request of the student. Requires the department to develop guidelines regarding the use of curriculum or content that prepares elementary school teacher candidates in math instruction. Establishes requirements regarding math instructional materials, support and assessment systems, intervention programs, and summer programs.
House Bills on Second Reading
|READING SKILLS (ROGERS L) Requires certain schools to offer summer school courses for students who are not reading proficient or are at risk of not being reading proficient as indicated on the determinant evaluation of reading skills approved by the state board of education (evaluation). Expands eligibility for funding for summer school courses. Requires certain summer school courses to be taught by a teacher who is trained in the science of reading. Provides that if a student does not achieve a 90% attendance rate in a summer reading course, the student is required to participate in an individual reading plan in the following school year. Requires the department of education (department) to procure a universal screening assessment (assessment) that meets certain criteria. Requires certain schools to administer the assessment to students in kindergarten through grade 2 who are not on track for reading proficiency by grade 3 as determined by the department. Provides that a vendor must supply a student’s assessment results to the student and the student’s parents. Applies the reading deficiency remediation plan (plan) to public schools, charter schools, state accredited nonpublic schools, and eligible schools. Makes the following changes to the plan: (1) Beginning with evaluations administered in the 2024-2025 school year, requires retention of a student in grade 3 in addition to remediation if the student has not achieved a passing score on the evaluation. (2) Requires schools to notify a student’s parent of certain assessment results, interventions, or remedial actions provided to the student. (3) Requires schools to monitor the progress of students who have failed to achieve a passing score on the evaluation or the statewide assessment program test. (4) Requires schools to provide reading instruction aligned with the science of reading to all students in kindergarten through grade 8. (5) Requires schools to administer the evaluation to students who are in grade 2. (6) Requires a student to take the evaluation until certain conditions are met. (7) Requires school reporting on interventions for certain students at risk of not being reading proficient and for certain students who do not a achieve a valid passing score on the determinant evaluation of reading skills. Creates exceptions to the grade 3 retention requirement for a student who meets certain criteria. Requires the governing body of a school to establish a procedure allowing a parent or guardian of a student to appeal the student’s retention under the plan. Requires the department to notify the parent or guardian of a child enrolled in kindergarten of the retention requirements under the plan.
|READING PROFICIENCY (RAATZ J) Requires the department of education (department) to develop a method to identify students in grade 4 through grade 8 who: (1) did not pass the determinant evaluation of reading skills approved by the state board of education; and (2) are at risk of not being proficient in reading as determined by Lexile scores on the statewide summative assessment. Requires the department to develop guidance for schools regarding how to support students who are at risk of not being proficient in reading.
Third reading passed; Roll Call 56: yeas 49, nays 0
|STATE EDUCATIONAL INSTITUTIONS (DORIOT B) Requires state educational institutions (institutions) to publish certain information on the institution’s website regarding bachelor’s, master’s, or doctoral degrees. Requires institutions to publish on the home page of the institution’s website: (1) acceptance rates; (2) graduation rates; and (3) certain student debt information.
On Third Reading
|EDUCATION MATTERS (LEISING J) Requires a public school and state accredited nonpublic school to ensure that at least 85% of a school counselor’s aggregate time performing the counselor’s job duties is used to provide direct services to students. Allows school corporations to provide certain notices regarding expulsion meetings by electronic mail. Requires each school corporation, charter school, and state accredited nonpublic school to adopt a policy that prohibits the use of a cellular telephone by a student in a classroom. Urges the legislative council to assign to the interim study committee on education the task of studying student discipline and truancy issues.
On Second Reading
SB270 Various Education Matters (Rogers, L) Requires the department of education to study: (1) creating a clearinghouse for each region of Indiana; and (2) selecting a single nonprofit organization to design, operate, and maintain all the regional clearinghouses. Establishes limitations regarding the lease of school property. Amends the enrollment threshold regarding when a school building is considered underutilized. Makes changes regarding requiring (instead of allowing) a school building to be closed or made available for lease or purchase. Provides that school corporations that meet certain requirements regarding sharing operating referendum tax levy and school safety referendum tax levy revenue are not subject to the transfer of vacant school building provisions. Exempts school corporations that have had a designation as a distressed political subdivision within the previous three years from the transfer of vacant school building provisions. Establishes additional requirements regarding notice, determinations, and appeals under the transfer of vacant school building provisions. Amends requirements with regard to: (1) bringing a civil action to enforce a final order to make a covered school building available for purchase or lease; (2) the time frame for which a school building must be used; and (3) transferring a school building back to a school corporation. Provides that, if a school corporation transfers a covered school building in violation of the transfer of vacant school building provisions, the transfer is void and allows for a court action with the award of attorney’s fees. Specifies that training in the recognition of the signs and symptoms of seizures must be provided to certain school personnel. Provides that all school corporations who adopt a resolution for an operating referendum tax levy after May 10, 2024, must share revenue received from the levy with certain charter schools (instead of requiring only school corporations located in Lake County, Marion County, St. Joseph County, and Vanderburgh County). Requires the commission for higher education to: (1) study and make recommendations; and (2) submit a report; regarding allowing Ivy Tech Community College to award bachelor’s degrees and Vincennes University to offer additional programs that lead to a bachelor’s degree. Makes conforming changes.
On Third Reading, Amendment #2 and #6 accepted
|ABSENTEEISM AND SCHOOL ATTENDANCE (Donato, S) – Amends the duties of an attendance officer and the state attendance officer. Requires, not later than November 1 of each year, the state attendance officer to submit a report to the legislative council containing recommended legislation based on the state attendance officer’s discussions with attendance officers. Requires the governing authority of a school corporation, charter school, and nonpublic school that has at least one employee to establish a truancy prevention policy regarding certain students in kindergarten through grade 6. Urges the legislative council to assign to the appropriate interim study committee the task of studying certain matters concerning absenteeism.
On Second Reading
SB 276: HEALTH CARE DEBT AND COSTS (QADDOURA F) Adds a new chapter to the Indiana Code governing hospitals’ billing practices and financial disclosures to patients. Provides that the unpaid earnings of a consumer who resides in Indiana may not, at any time, be attached by garnishment in satisfaction of (lots more)
HB1070 Mental Health Grants (Cash B) Allows the division of mental health and addiction to award mental health grants to for-profit community mental health organizations if a nonprofit organization does not qualify for the grant.
HB1128 Prohibition on Lien for Medical Debt (Summers V) Provides that: (1) any amount of health care debt owed or alleged to be owed by a consumer; or (2) in an action against a consumer in which a judgment has been entered, any amount of the judgment that represents health care debt determined to be owed by the consumer; does not constitute a lien against the consumer’s principal residence. Provides that in any action filed, in a court of competent jurisdiction in Indiana, for the recovery of health care debt owed or alleged to be owed by a consumer, the principal residence of the consumer is not liable to judgment or attachment or to be sold on execution against the consumer.
HB1205 Mental Health Standards and Reporting (Meltzer J) Requires the secretary of family and social services to provide that the standards for services provided by recovery community organizations for behavioral health recovery, when used as a recovery community organization, be certified through a certain entity and meet other standards established by the division of mental health and addiction. Specifies information that must be reported by a community mental health center as part of the community mental health center’s annual report.
Referred to the Senate
HB1216 Medical Services for Certain Detainees (Steuerwald G) Removes provisions in current law specifying that services provided to an individual while the individual is involuntarily committed to a facility for mental health services are medically necessary when provided in accordance with generally accepted clinical care guidelines. Requires Medicaid reimbursement for services required to be covered by the office of the secretary of family and social services provided to an eligible individual while the individual is involuntarily committed to a facility for mental health services. Amends the requirements for an application for detention.
Referred to the Senate
HB1249 Recovery Community Organizations (Garcia Wilburn V) Requires the secretary of family and social services to provide that the standards for services provided by recovery community organizations for behavioral health recovery, when used as a recovery community organization, be certified through a certain entity and meet other standards established by the division of mental health and addiction.
SB214 Student Mental Health Resources (Alexander S) Requires the department of education, in consultation with the office of the secretary of family and social services, to approve and make available student mental health resources for certain schools. Requires the governing body of a school corporation or the equivalent authority for a charter school to publish and publicly post the approved student mental health resources.
|INCOME TAX CREDIT FOR FIREARMS SAFETY EXPENSES (LUCAS J) Provides a state income tax credit for expenses incurred to receive qualified firearms instruction or to purchase a qualified firearms storage device. Provides that the tax credit is equal to the amount of the incurred expenses. Provides that the maximum amount allowed as a tax credit is $300 for individuals filing single returns or $600 for married couples filing joint returns. Provides that a tax credit may not exceed the taxpayer’s state income tax liability. Provides that a taxpayer is not entitled to a carryover, carryback, or refund of any unused tax credit.
|TAX CREDIT FOR SAFE GUN STORAGE EXPENSES (HALL D) Provides that a taxpayer is entitled to a credit against the taxpayer’s state income tax liability in a taxable year equal to the lesser of: (1) 20% multiplied by the safe gun storage expenses incurred by the taxpayer during the taxable year; or (2) $500 in the case of an individual filing a single return (or $250 in the case of a married individual filing a separate return). Defines “safe gun storage expenses” as the purchase price of a qualified firearms storage device. Defines “qualified firearms storage device” as: (1) a safe, lockbox, cabinet, or other container designed to store firearms securely by restricting access to the firearms by a locking device; or (2) a locking device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device. Provides that to obtain the credit, the taxpayer must claim the credit in the manner prescribed by the department of state revenue (department). Requires the taxpayer to submit to the department proof of the taxpayer’s safe gun storage expenses and all information that the department determines is necessary for the calculation of the credit. Prohibits the taxpayer from claiming any carryover, carryback, or refund of any unused credit.
|FIREARM STORAGE (GORE M) Provides that a person having the care of a dependent who recklessly, knowingly, or intentionally fails to secure a loaded firearm in the person’s residence or vehicle commits neglect of a dependent, a Level 6 felony, if the dependent uses the firearm to cause bodily injury or death to any person. Enhances the offense to a Level 5 felony in particular instances. Specifies exceptions and defenses. Specifies sign requirements for retail dealers. Defines terms and makes conforming amendments.
|MINIMUM AGE TO CARRY A HANDGUN (RANDOLPH L) Changes the minimum age required to carry a handgun to 21 years of age.
|VARIOUS FIREARMS MATTERS (HUNLEY A) Requires a person wishing to sell, trade, or transfer (transfer) a firearm to another person to transact the transfer through a dealer and provide the dealer with certain information. Specifies the background checks that a dealer must complete prior to the transaction. Permits a dealer to refuse to transact a firearm transfer. Requires a dealer to abort the transaction in other instances. Specifies requirements for a dealer who refuses to transact or aborts a firearm transfer. Makes a dealer immune from civil liability and damages in certain instances. Makes the offenses of firearm transfer fraud and the unlawful transfer of a firearm Level 6 felonies. Enhances both offenses in particular instances. Specifies exceptions and defenses. Requires a retail dealer to display a sign with language stating that failing to secure a firearm against unauthorized access poses a safety risk to children. Prohibits a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from selling or delivering a: (1) firearm that is not a handgun to a person who is less than 21 years of age; or (2) semiautomatic assault weapon. Defines terms.
|SOCIAL WORK LICENSURE COMPACT (CRIDER M) Establishes the social work licensure compact.
Senate Committee recommends passage Yeas: 11; Nays: 0
|WORKFORCE DATA COLLECTION (BROWN L) Requires employers to provide an employee’s current primary standardized occupational classification code and starting compensation on the employee’s withholding allowance certificate or an equivalent form. Provides that each workforce focused agency shall deliver a workforce related program report to the management performance hub. Sets out the information to be included in the workforce related program report. Requires the management performance hub to: (1) compile the workforce related program reports into an annual data product; and (2) make the data product available to the department of workforce development and the governor’s workforce cabinet. Provides that a workforce focused agency may not enter into a contract with a person to conduct, operate, or administer a workforce related program unless the contract contains certain requirements. Makes conforming amendments.
Third reading passed; Roll Call 61: yeas 49, nays 0
|STATE EDUCATIONAL INSTITUTIONS (BARTLETT J) Requires the governor’s supplier diversity commission, the commission for higher education, and the state budget committee to review each state educational institution’s annual report regarding certain supplier diversity requirements. Provides that if a state educational institution’s annual report is not in compliance with certain supplier diversity requirements, the commission for higher education and the state budget committee shall reduce the amount provided to the state educational institution under the outcomes-based funding formula by a certain percentage.
|SUPPLIER DIVERSITY FOR POLITICAL SUBDIVISIONS (BROWN L) Requires a unit of local government to accept the Indiana department of administration’s certification of: (1) a minority business enterprise; (2) a women’s business enterprise; and (3) a veteran owned small business; as evidence that a business entity is eligible to participate in the unit of local government’s initiatives and programs related to the business entity’s certification.
Heard in committee and not advanced
|STATE EDUCATIONAL INSTITUTION MATTERS (DEERY S) Amends the duties of state educational institutions’ diversity committees. Provides that certain offices or individuals established or employed by a state educational institution (institution) regarding diversity programming must include within the mission of the office or position programming that substantially promotes both cultural and intellectual diversity. Establishes various requirements and restrictions for institutions regarding free inquiry, free expression, and intellectual diversity that does the following: (1) Requires the establishment of certain policies regarding: (A) disciplinary actions for certain persons that materially and substantially disrupt protected expressive activity; (B) limiting or restricting the granting of tenure or a promotion if certain conditions related to free inquiry, free expression, and intellectual diversity are not met; and (C) disciplinary actions that will be taken if, after a review, a determination has been made that a tenured faculty member has failed to meet certain criteria related to free inquiry, free expression, and intellectual diversity. (2) Requires the review and consideration, at least every five years, of certain criteria related to free inquiry, free expression, and intellectual diversity. (3) Requires the establishment of a procedure that allows students and employees to submit complaints that a faculty member or contractor is not meeting certain criteria related to free inquiry, free expression, and intellectual diversity and establishes requirements regarding the procedure and submitted complaints. (4) Establishes consideration requirements before an institution renews an employment agreement or other contract with, makes a bonus decision regarding, or completes a review or performance assessment of a faculty member or contractor. (5) Prohibits requiring an applicant, employee, or contractor to pledge allegiance to or make a statement of personal support for: (A) certain policies or actions; or (B) political or ideological movements. (6) Establishes restrictions regarding awarding admission, enrollment, employment, benefits, hiring, reappointment, promotion, or granting tenure to an applicant, employee, or contractor on the basis of the viewpoints expressed in a submitted pledge or statement. (7) Requires certain information be included in an institution’s programming for new students. (8) Requires the adoption of a statement on neutrality that makes a distinction between the official positions of an institution from the individual viewpoints of the institution’s employees, contractors, students, and alumni. (9) Allows the commission for higher education (commission) to establish a survey that attempts to collect information from students regarding the current perceptions of whether free speech and academic freedom are recognized and fostered by an institution in a manner that welcomes expression of different opinions and ideologies and requires an institution to promote and provide the survey to students. (10) Establishes various reporting requirements by institutions or the commission concerning the following: (A) Complaints submitted regarding faculty members or contractors who are not meeting certain criteria related to free inquiry, free expression, and intellectual diversity. (B) Institutions’ budget allocations for diversity, equity, and inclusion initiatives. (11) Provides that certain individuals may request the commission to review a final decision by an institution concerning a violation of these provisions. Adds member appointments by the legislative council to the board of trustees of institutions (board of trustees). Provides that a board of trustees member who is a state employee is not entitled to per diem but is entitled to reimbursement for traveling expenses and other certain expenses. Removes certain criteria requirements for members of boards of trustees. Requires each institution to report certain information at the time the institution submits its legislative budget request.
Senate Bills on Second Reading
Pregnancy Accommodation/Infant Mortality
|INFANT FORMULA PRICE GOUGING (BAUER M) Defines “price gouging” to include charging a consumer an unconscionable amount for the sale of infant formula. Provides that price gouging occurs in the sale of infant formula if the price at which the infant formula is sold grossly exceeds the average price charged for infant formula of the same brand and type in retail establishments in Indiana on or about the date on which the infant formula is sold. Authorizes the attorney general to investigate complaints, seek injunctive relief, seek restitution for victims, and institute actions to collect civil penalties in cases of price gouging in the sale of infant formula. Provides that a court may assess a civil penalty of up to $1,000 for each transaction against a retailer found to have committed price gouging in the sale of infant formula.
|PREGNANCY ACCOMMODATIONS (NEGELE S) Codifies a section of the Pregnant Workers Fairness Act. Repeals superseded provisions.
|MEDICAID COVERAGE FOR PREGNANCY SERVICES (BAUER M) Requires Medicaid pregnancy services to include reimbursement for: (1) delivery services provided in a birthing center; and (2) a home birth performed by a physician or certified nurse midwife.
|MATERNAL HEALTH (SUMMERS V) Requires the Indiana department of health (department) to develop a program to award grants to certain community based programs to reduce the prevalence of maternal mortality in Indiana. Requires the department to collaborate with the statewide maternal mortality review committee in developing the program. Provides that the department shall establish workgroups to assist in developing the program. Allows the department to adopt rules to administer the chapter.
|FUNDING OF LACTATION ROOMS IN PUBLIC BUILDINGS (SUMMERS V) Establishes a grant program to promote the installation of lactation rooms in public buildings. Requires the Indiana housing and community development authority (IHCDA) to administer the grant program. Authorizes public agencies to apply for grants. Appropriates $5,000,000 to the IHCDA for deposit in the grant fund.
|COVERAGE FOR DOULA SERVICES (VINZANT D) Requires a health plan (an accident and sickness insurance policy or a health maintenance organization contract) to provide coverage for doula services if: (1) the services provided are within the doula’s area of professional competence; and (2) the health plan would provide coverage for those services if the services were provided by any other health care provider.
|REPEAL OF ECONOMIC ENHANCEMENT DISTRICT LAW (MCGUIRE J) Repeals the chapter in the Indiana Code authorizing the legislative body of a first class city to establish a special assessment district known as an economic enhancement district.
Third reading passed; Roll Call 86: yeas 64, nays 29
|PROHIBITION ON USE OF DEDICATED LANES (FREEMAN A) Prohibits, until July 1, 2025, a unit of local government from adopting or enforcing an ordinance, resolution, rule, policy, or other requirement concerning a public transportation project, including the blue line, that seeks to: (1) convert; (2) restrict; or (3) otherwise establish; a vehicular traffic lane for use as a dedicated lane. Specifies exclusions from the scope of the bill’s temporary prohibition.
Third reading passed; Roll Call 43: yeas 35, nays 14
|TOURISM IMPROVEMENT DISTRICTS (HOLDMAN T) Provides that a person may circulate a petition to create a tourism improvement district (district) within the territory of a county, city, or town (local unit). Specifies the contents of the tourism improvement district plan that must be filed with a petition to establish a district. Provides that, after a hearing on a petition to establish a district, the legislative body of a local unit may adopt the ordinance establishing the district only if it determines that the petition has been signed by at least: (1) 65% of the businesses within the proposed district that will pay the assessments; and (2) the owners of 65% of the total net assessed value of the real property within the proposed district that will pay the assessments. Provides that owners of real property or businesses located within a district may be charged a special assessment to fund improvements and other district activities. Excludes from inclusion within a district: (1) property that receives a homestead standard deduction; (2) property used for single family residential housing; and (3) property used for multi-unit residential housing. Specifies the contents of the ordinance establishing a district and the length of time for which a district may exist. Allows a district to issue bonds. Requires the county, city, or town legislative body to contract with a nonprofit district management association to administer and implement the district’s activities and improvements. Requires a district management association to annually engage an independent certified public accounting firm to conduct an examination of the district’s funds, accounts, and financial affairs and submit the examination to the legislative body and the fiscal body. Excludes Marion County from the provisions of the bill.
Senate Bills on Second Reading
|NEIGHBORHOOD AND INDIVIDUAL DEVELOPMENT INCENTIVES (BECKER V) Defines a “community based organization” as a private, nonprofit corporation whose purpose includes the provision of services that primarily benefit low income individuals and communities and provides that such an organization is eligible to administer, through a financial institution, an individual development account (account). (Current law limits administration, through a financial institution, of an account to community development corporations.) Provides that: (1) the first $1,500 (rather than $800) is eligible for a state deposit in an individual’s account; (2) the allocation, for each account that has been established for not more than five years, is $3 for each $1 of the first $1,500 (rather than the first $400) an individual deposited into the individual’s account; and (3) the amount of the allocation may not exceed $4,500 (rather than $2,400) for each account. Makes various changes to the administration of and procedure for claiming the neighborhood assistance tax credit and the individual development account tax credit. Removes a reference to an obsolete tax.
Senate Bills on Second Reading
|NONPROFIT LOAN CENTER LOANS FOR STATE EMPLOYEES (DEERY S) Provides that not later than: (1) September 1, 2024, in the case of a state agency other than a state educational institution or a school corporation; (2) September 1, 2025, in the case of a state agency that is a state educational institution; or (3) September 1, 2026, in the case of a state agency that is a school corporation; a state agency shall partner with each nonprofit loan center (NLC) operating in Indiana to become a participating employer in the NLC’s nonprofit loan center program (NLC program) by offering voluntary payroll deductions for eligible full-time employees to make payments toward the balance of a nonprofit loan center loan (NLC loan) made by a nonprofit loan center lender (NLC lender). Provides that after becoming a participating employer in an NLC program, a state agency shall allow an eligible employee to: (1) voluntarily request and establish payroll deductions for an NLC loan at any time; and (2) revoke the employee’s authorization for payroll deductions for an NLC loan at any time; including any time that falls outside a designated open enrollment period for employee benefits. Defines an “NLC loan” as a loan that meets certain requirements with respect to the principal amount, loan term, finance charge, authorized fees, method of repayment, and other loan terms. Authorizes the state comptroller to authorize the electronic transfer of funds from the state treasury to a designated NLC lender in payment of an NLC loan on behalf of an eligible employee who has voluntarily given the state comptroller written authorization, through the eligible employee’s employing state agency, to make the transfer. Specifies that: (1) a loan made under the bill’s provisions; or (2) a person that makes a loan under the bill’s provisions; is subject to the requirements of the Uniform Consumer Credit Code chapter governing consumer loans. Provides that a depository institution may make a loan under the same terms and conditions that apply with respect to a nonprofit loan center loan to an employee of: (1) a state agency; or (2) any other employer; as long as the loan is made in compliance with any applicable law. Allows a wage assignment to be made for the purpose of making payment to a depository institution in repayment of a loan that is made to the employee by the depository institution under the same terms and conditions that apply with respect to an NLC loan. Authorizes the electronic transfer of funds from the state treasury on behalf of an employee of a state agency in payment of a loan made by a depository institution to the employee under the same terms and conditions that apply to an NLC loan.
Third reading passed; Roll Call 50: yeas 41, nays 8