All Roll Calls
Yes: 232 • No: 1
Sponsored By: Beau Baird (Republican)
Signed by Governor
Codifies commercial fertilizer administrative rules. Defines or amends certain terms. Codifies certain requirements and processes for commercial fertilizer with respect to: (1) label format; (2) registration; (3) sampling and analysis; (4) primary containment of fluid bulk fertilizer at storage facilities; (5) operational area containment for fluid fertilizers; (6) diked secondary containment of fluid bulk fertilizers; (7) storage and handling of dry bulk fertilizers; and (8) storage facility location registry.
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31 provisions identified: 3 benefits, 9 costs, 19 mixed.
Breaking exam procedures or giving or receiving unauthorized help ends the exam process for everyone involved. Those people cannot take the certified applicator exam for five years. False renewal reports or misrepresented participation erase all accumulated training credits. People providing false renewal information also lose access to future credit events and face statutory penalties.
Beginning July 1, 2026, inorganic fertilizer staging is barred within 300 feet of surface water, drainage inlets, or wells. Beyond 72 hours, it must be covered and applied to a target field within 30 days. Organic staging within that 300-foot zone requires a cover or gradient barrier; slopes over 6% require control of incoming water and runoff. Organic staging beyond 72 hours requires a cover or gradient barrier, application within 120 days, and setbacks of 100 feet from property lines and public roads and 400 feet from homes. Neither type may be staged in standing water, waterways, or floodways.
Beginning July 1, 2026, highly erodible land needs at least 40% crop residue or a cover crop before receiving unmanipulated organic fertilizer. On frozen or snow-covered ground, application is barred within 200 feet of surface water and in floodways. Applications also cannot exceed 50% of the planned crop's agronomic rate—the fertilizer rate suited to that crop. Slopes over 2% need at least 40% crop residue or a cover crop. These frozen-ground limits do not apply when fertilizer is injected or worked into the soil that same day.
Beginning July 1, 2026, underground and lined-pit fluid fertilizer storage is generally barred, with exceptions for temporary watertight catch basins and 316 or 317 stainless-steel containers. State-Chemist-approved containers require an approved liner and groundwater monitoring. Copper, brass, zinc, and copper-base alloys are prohibited; aluminum is barred for fluid fertilizers containing phosphates or chlorides. Low-pressure nitrogen storage has further material bans, excluding nonpressure 28%, 30%, or 32% solutions; aqua ammonia is exempt from the mild-steel ban. Corrosion protection and suitable linings allow specified ferrous materials, while potassium-chloride fertilizer permits protected materials or storage periods of no more than six months with cleaning and leak checks between periods. Tanks cannot exceed designed capacity, accounting for fluid density and heat expansion.
Beginning July 1, 2026, covered crop fertilizer work requires licensed or certified applicators, or trained employees under certified supervision. Covered distributors need business licenses and must sell to licensed businesses or qualified applicators; covered hired transporters also face certification requirements. Licensing exemptions include confined-feeding-operation organic fertilizer below 10 cubic yards or 4,000 gallons yearly, qualifying biosolids, and inorganic fertilizer sent to retailers. Common definitions include unmanipulated manure but exclude biosolids, industrial waste, pollutant-bearing water, and plaster from the revised fertilizer-material definition. The crop-use chapter also exempts annual amounts below 10 cubic yards or 4,000 gallons; permitted livestock operations follow stricter applicable water rules, which satisfy similar chapter requirements.
Beginning July 1, 2026, distributors must give buyers a written or printed guaranteed nutrient analysis with each manure-based fertilizer delivery. The law bans misleading product and advertising claims, harmful amounts of substances, and labels missing needed safety warnings or directions. If testing finds the fertilizer falls short of its registered guarantee, the State Chemist may order the registrant to refund the buyer. The refund equals the price paid minus the product’s current value after testing. If the buyer cannot be found, the registrant must pay a local charity or educational group of its choice and promptly send receipts to the State Chemist.
When fertilizer test results may trigger penalties or legal action, registrants generally receive them at least 30 days before buyers. If someone other than the State Chemist requested testing, both receive results immediately. Results become official after 30 days unless the chemist receives adequate evidence challenging them. Registrants can request part of the tested sample.
Beginning July 1, 2026, fertilizer civil penalty money goes to a Purdue Pesticide Programs account for fertilizer education. The law also adds specified excess fertilizer fees to funds held by Purdue's treasurer and managed by its trustees. Those funds can support covered facilities and agricultural programs with governor and budget-agency approval and budget-committee review. No funding amount is specified.
Covered licensed organic fertilizer distributors must record each recipient's name and applicator certification number, amount, nutrient values, and distribution date. Covered licensed applicators must record the site, applicator name and certification number, rate, nutrient values, fertilizer type, method, and date. Required chapter records must be kept for two years. Recordkeepers must provide access for inspection or copying within 30 days after the State Chemist's oral or written request.
Late payment of a fee under the fertilizer chapter brings a penalty equal to 100% of the required fee. That doubles the fee amount owed before any other applicable charges. Beginning July 1, 2026, manure-based fertilizer permit holders also face a specific late inspection-fee penalty. If that fee remains unpaid after the 15-day grace period, the penalty is $50 or 10% of the unpaid fee, whichever is greater.
The State Chemist must set rules and distribution fees for manure-based fertilizer. Fraud or deception used to evade the law can lead to brand-registration cancellation or refusal after notice and a hearing opportunity. The Chemist can stop unlawful sales, use, or removal and require fertilizer to stay at a designated location. Release requires compliance and payment of withdrawal expenses, or other written authority resolving the violation. Courts can order seizure and, after finding a violation, condemnation and lawful disposal suited to the fertilizer's quality.
Beginning July 1, 2026, guarantors must register each qualifying manure-based fertilizer brand and grade before paid distribution in Indiana. Covered products are bulk, nonpackaged fertilizers with guaranteed analysis below 5% total nitrogen and below 10% combined nitrogen, available phosphate, and soluble potash. Registration includes the registrant, brand, grade, and guaranteed analysis; extra plant-food guarantees need State Chemist permission. Registration expires each June 30 and costs $20 per filing. Renewals received after July 31, or products found in distribution before registration, incur another $20 fee.
Beginning July 1, 2026, manure-based fertilizer distribution to people without chapter registration or permits carries inspection fees. Each reporting period costs $100 for 0–1,250 tons, $500 for over 1,250 through 5,000 tons, or $1,000 above 5,000 tons. Sales or exchanges between importers, manufacturers, distributors, or registrants are exempt. Tonnage-reporting permit holders must keep accurate sales records, allow verification, and file sworn reports twice yearly. Reports and fees are due the last day of the month after each semiannual period. The State Chemist can deny permits that do not support efficient enforcement and revoke them for false reports or labeling failures. Reports or fees still missing by the fifteenth day after their deadline also permit revocation.
Initial qualification requires a closed-book written exam, normally with a 75% passing score; eligibility lasts through December 31 of the fourth following year. Before expiration, applicators can renew by passing the exam, earning three continuing training hours, or attending three approved private-applicator training events. Credits must follow certification, no more than two count per year, and credits above three do not carry forward. Renewal eligibility lasts through December 31 of the fifth following year unless ended earlier; training approval requests are due 21 days before events. Approved events must meet access, attendance, monitoring, and topic rules without sales or hiring content; reciprocal credential waivers are available at the State Chemist's discretion.
Beginning July 1, 2026, the State Chemist can refer fertilizer violations for prosecution or action by another agency. Civil penalties are optional, but any imposed must follow the statutory schedule. Only violations from the preceding five years count, with each scheduled violation tracked separately. Similar or related violations from one distinct act generally receive one penalty, using the highest scheduled amount. That limit does not cover unrelated acts or continuing or repeated violations.
Trained employees without certification can use or distribute covered fertilizer under a certified applicator’s supervision. The supervisor must be affiliated with the business doing the work and oversee no more than 10 such employees at once. Training must have State Chemist approval and be repeated when employees change employers. Supervisors must ensure and document training, give communication and spill-reporting instructions, and direct and monitor the work.
Fertilizer business and commercial applicator license applications each cost $45; private applicator certification applications cost $20. Each fee is waived when the applicant has paid the matching pesticide fee for that year or private certification period. Applicator applicants must meet certification standards, and business and commercial licenses expire each January 1. Private certification expires January 1 of the fifth year after its issue year. Credential holders must report job or applicator-status changes in writing within 10 days and may apply to transfer or update credentials.
The State Chemist can set bulk fertilizer storage and distribution rules to protect state waters. Onsite-built tanks holding at least 100,000 gallons and in use before July 6, 1991, can use specified alternatives to an underneath liner. A company official must certify compliance in writing and file it with the State Chemist. Rail cars periodically moved to and from facilities are exempt from secondary containment; the Chemist can recognize equivalent protection methods. Containment areas cannot have relief outlets or valves, and operators must promptly remove collected liquid with manually activated pumps for blending or lawful disposal.
Dry bulk fertilizer generally must stay indoors with a roof or cover, sidewalls, and a base that prevents seepage. Covered outdoor storage is limited to 30 days and must prevent seepage of runoff. Most loading, mixing, and handling need an impervious surface that allows spilled fertilizer to be recovered promptly. Field unloading sites are exempt from the surface requirement. These rules limit runoff but add storage and handling duties.
Beginning July 1, 2026, crop fertilizer applicators must prepare and follow site plans. They cannot apply fertilizer directly to surface water, saturated ground, or from public roads. Unmanipulated organic fertilizer has method-based setbacks: 500 feet from public water wells and surface intakes; 25–200 feet from surface waters and sinkholes; 50–200 feet from other wells; 5–200 feet from drainage inlets; and 0–50 feet from property lines and public roads. A gradient barrier with at least a 10-foot setback, or a filter strip at least 50 feet wide, provides an exception. Distances start at the edge of actual application; liquid incorporation means working fertilizer into soil within 24 hours. Applicators must check soil and rain forecasts during the preceding 24 hours and monitor drainage during and immediately after application. If application changes drainage color, flow, or volume, they must stop applying, stop or capture the discharge, and land-apply or store it.
Beginning July 1, 2026, fluid fertilizer containers and fittings must resist damage and prevent spills. Operators must anchor tanks when needed and protect equipment against wildlife, vandalism, and unauthorized access. Valves must be secured when the person responsible for security is absent, except on empty containers. Product reaching the containment-wall height counts as anchoring. Most hoses and pipes need containment or double sleeves; Schedule 80 or thicker pipe and stainless-steel hoses and piping are exempt. Underground piping must be stainless steel, have secondary containment, or pass annual pressure testing. Containers need protected liquid-level gauges or another state-approved measurement method; external sight-gauge valves must stay locked closed except during measurement. Containers must clearly identify their contents, without requiring net weight, and equipment must be maintained to reduce spills.
Beginning July 1, 2026, fluid fertilizer tanks generally need containment with a base, walls, and sloped floor. Capacity must cover the largest tank's full volume plus displaced volume, with six inches of extra space unless rain-protected. Drainage tile is barred within or underneath containment; the area generally must stay separate from other materials, with an allowance for compliant anhydrous ammonia storage. Bases and earthen walls need concrete, steel, approved synthetic, or clay soil liners, and containment must stay maintained and debris-free. Qualifying containment built before July 6, 1991, at 110% capacity remains accepted, but alterations or increased tank volume trigger full compliance within 90 days. Tanks holding no more than 3,000 gallons may use a compatible outer containment ring instead of a diked area; rain protection removes its six-inch freeboard requirement. Loading areas generally need curbs, an impervious surface, and 750 gallons of containment over at least 10 by 20 feet. Liquids must be removed promptly; relief outlets are barred, and vehicle protection is required. Field unloading, qualifying shared containment, and advance-approved alternatives provide exceptions; synthetic- or soil-lined containment cannot serve as shared loading containment.
Beginning July 1, 2026, local governments generally cannot regulate fertilizer storage or use without a State Chemist waiver. They must prove special circumstances and provide scientific evidence, prior mitigation and education efforts, and their proposed ordinance. Evidence is due at least 14 days before the hearing. The Chemist must give written reasons within 90 days after review and cannot consider economic impact or odor.
Processed manure storage operators must inspect structures monthly and record maintenance. Uncovered liquid storage needs two feet of freeboard unless the permit states otherwise, with level markers and stable, visible berms free of trees and shrubs. Operators must keep construction notices, emergency plans, spill and maintenance records, and permits for the permit term. Applications, site plans, affidavits, engineer certifications, and setback waivers must stay for the facility's life. Records belong on site or at the operator's permitted address; records unavailable on site must reach the State Chemist within 30 days after request. Operators must keep an emergency response plan and use it for every release. If manure reaches state waters, they must notify Indiana's environmental agency within two hours of discovery and report qualifying major updates within two hours. They must provide a written report when requested and make diligent efforts to notify covered downstream water users within 10 miles and affected property occupants. Affected-party notices do not apply to transport releases other than pipeline releases.
Manure-based fertilizer storage must prevent releases, with bottoms at least two feet above bedrock and above seasonal groundwater unless approved drainage lowers it. Qualified professionals must perform required soil and groundwater testing; tanks must be watertight, secured against floating, and cannot be underground steel tanks. Earthen storage must meet the seepage limit of 1/16 cubic inch per square inch daily; without three feet of qualifying natural soil, a qualifying liner is required. Clay liners must be at least one foot thick. Solid processed manure storage must keep out rain or control stormwater; restricted sand or gravel sites need a specially designed, approved liner. Solid-manure earthen storage needs two test holes for the first acre and one per additional half-acre; liquid storage needs two for the first half-acre and one per additional half-acre. Liquid storage and transfer pipelines must meet specified conservation design standards; uncovered liquid storage needs two feet of freeboard unless another design is approved. Owners must give written notice at least two days before construction, reroute or block drainage, and cut it back at least 50 feet. A notarized compliance statement is due within 30 days after construction and before use; liquid structures also need engineer certification before use. Portions used early need separate notices and statements. Documented alternatives require prior State Chemist approval and equal or greater environmental protection, with written reasons for the decision.
Beginning July 1, 2026, fertilizer containers count as abandoned after more than six months unused because of weakness or leaks, or more than two years for any reason. Underground containers must be cleaned, removed or filled with inert solids, and sealed; aboveground containers must be cleaned and left open with connections severed. Owners must retain underground closure records showing size, location, and closure method; unused spill containment is not abandoned solely because it receives no spills. Owners closing processed manure storage must maintain it until manure is removed, follow the applicable conservation closure standard, and remove specified equipment from uncovered facilities. They must notify Indiana's environmental agency before demolition or conversion and certify compliance within 30 days after completing closure. The State Chemist can require added health or environmental safeguards based on contamination or releases, with the agency commissioner documenting the basis.
The State Chemist can inspect manure-based fertilizer, storage, plans, and records on public or private premises during regular business hours. For authorized investigations or credential hearings, the Chemist can ask courts to subpoena witnesses or records. Available AOAC International testing methods control disputed analyses, and deficiency decisions must use the official sample. Beginning July 1, 2026, commercial fertilizer testing uses those methods, with suitable alternatives when coverage is missing or another method has demonstrated better applicability.
Beginning July 1, 2026, fertilizer containing pest-control additives must be registered and guarantee each additive's and plant-food element's kind and percentage. Labels must name intended crops and warn that other uses or conditions can cause serious crop injury. These disclosures help users but add duties for responsible businesses. The State Chemist also gains authority to set maximum nutrient content for mixed liquid fertilizer through formal rulemaking. Any rules must match current lawn care industry practices; the law itself sets no nutrient maximum.
The State Chemist can warn or cite manure-based fertilizer violators, impose civil penalties, change registrations, or seek court orders stopping violations. Knowing or intentional violations of that chapter are Class A misdemeanors. The fertilizer penalty schedule ranges from $25 to $1,000, depending on the violation and prior offenses, assessed by day, incident, or year. Continuing violations can be charged for up to 180 days; identical repeated violations for up to 180 incidents. Beginning July 1, 2026, eligible penalties can be reduced for good-faith efforts, cooperation, compliance history, potential damage, and corrective action. Designated violations cannot receive reductions, and missing a reduced penalty's payment deadline can restore the full amount.
Fertilizer certification and education fees go to Purdue University's treasurer and must pay necessary program operating and administration costs. Those fees must appear in the annual financial report. Beginning July 1, 2026, Purdue's agriculture dean must report the prior state fiscal year's fee receipts and spending to state officials. The first report is due November 1, 2026, with reports due each November 1 afterward. If a required report misses that deadline, fees allowed under the chapter expire December 31 that year.
Beginning July 1, 2026, Indiana removes the former mandate to create specified fertilizer certification and education programs and related fees. The law instead authorizes the State Chemist to create programs and fees for hired applicators, transporters, and confined-feeding-operation fertilizer handlers. Five older fertilizer regulations—355 IAC 2, 7, 8, 9, and 10—are void beginning July 1, 2026. They must be removed from the administrative code; the removal provision expires July 1, 2027.
Beau Baird
Republican • House
Brett Clark
Republican • Senate
Jean Leising
Republican • Senate
Lonnie Randolph
Democratic • Senate
Susan Glick
Republican • Senate
All Roll Calls
Yes: 232 • No: 1
House vote • 2/25/2026
House concurred with Senate amendments
Yes: 96 • No: 0
Senate vote • 2/24/2026
Third reading: passed
Yes: 46 • No: 1
House vote • 2/2/2026
Third reading: passed
Yes: 90 • No: 0
Enrolled House Bill (H)
House Bill (H)
House Bill (S)
Introduced House Bill (H)
HB 1406, Tax and fiscal matters.
Provides, in a county that uses a property tax statement as the notice of assessment, that the county treasurer must send a property tax statement to all property owners regardless of whether the property has any liability. Requires the county treasurer to indicate on the property tax statement whether a taxpayer's property tax liability for property taxes first due and payable in 2027 is less than the taxpayer's property tax liability for property taxes first due and payable in 2026. Requires the Indiana economic development corporation (IEDC) to report to the budget committee concerning any purchase or sale of land. Amends provisions regarding budget committee review of tax credits in determining the annual aggregate tax credit cap and specifies allocation of the credits. Provides that real property owned by certain Indiana nonprofit hospital systems is not exempt from property taxation under certain circumstances and unmet conditions. Provides that certain transfer fee covenants are limited only to transfers that involve the sale of property and do not include transactions where the property is gifted, donated, or transferred. Provides that personal property owned by certain entities remains subject to minimum valuation limitations. Amends provisions and revises the effective date for the rounding provisions for cash transactions with regard to the penny phaseout for payments to business entities in ESB 243-2026. Amends the percentage increase in a public library's proposed budget that determines whether the public library's proposed budget is subject to binding review by the applicable county, city, or town fiscal body. Allows the Delaware County executive to adopt an ordinance to consolidate the functions of a board, bureau, commission, authority, or any other similar entity authorized to administer funds received from the Delaware County: (1) innkeeper's tax; or (2) food and beverage tax; into a single, consolidated entity as designated in the consolidating ordinance. Adds certain organizations to the list of organizations for which conducted sales are exempt from state gross retail and use tax. Allows the city of Bedford to impose a food and beverage tax. Requires the IEDC to award $35,000,000 to development authorities each fiscal year that may be granted to taxpayers proposing a qualified investment in a qualified redevelopment site pursuant to a development plan. Establishes the small town opportunity initiative. Amends the venture capital investment tax credit (tax credit) to specify: (1) that certain investment policies of funds that qualify as a "qualified Indiana investment fund" apply only to investable capital, excluding management fees, legal fees, and other expenses incurred in the operation of the fund; (2) that a taxpayer is not prevented from combining individual tax credits of less than $10,000 for assignment; and (3) qualified business eligibility. Prohibits the IEDC from awarding an applicable tax credit to a taxpayer that is organized under the laws of a country that is a foreign adversary or that is otherwise related under certain circumstances to a country that is a foreign adversary. Requires the office of the secretary of family and social services and division of family resources to require a vendor to offer certain technology solutions to prevent theft of SNAP benefits when issuing a request for proposals. Provides that if a Level 2 certified technology park (park): (1) has reached the limit of deposits for a Level 2 park; (2) maintains its certification; and (3) is located within a qualified military base enhancement area; the park shall become a Level 3 park and may receive an additional annual incremental income tax deposit of up to $250,000 until July 1, 2029. Allows the budget agency to augment the appropriation to the grain buyers and warehouse licensing agency from the grain buyers and warehouse licensing agency license fee fund.
HB 1266, Department of education and education matters.
Makes various changes to education provisions concerning the following: (1) Creating a teaching and learning framework for the implementation of mathematics academic standards. (2) Development of a data science math pathway. (3) Submission of a report to the general assembly concerning recommendations on strategies to support academically and fiscally underperforming schools, and interventions as necessary. (4) Evaluating, approving, and publishing high quality curricular materials time lines. (5) Local board membership for a local centralized school facilities board and local student transportation board. (6) Salary differentiation regarding teachers who possess a literacy endorsement. (7) Amounts expended in participating in an interlocal agreement included in determining amounts school corporations expend on full-time teacher salaries for purposes of teacher salary minimum funding requirements. (8) Summer school program and reimbursement administration. (9) Criteria required for eligibility of a waiver for conducting four day school weeks. (10) Oversight of career and technical education program designation. (11) Uses of teacher appreciation grants. (12) The calculation of operating referendum distributions and school safety referendum distributions to charter schools with regard to virtual instruction. (13) Petitions regarding reconsidering payments of choice scholarships. (14) Membership of the board for proprietary education. (15) The effective date regarding the changes to the definition of "eligible choice scholarship student". (16) Career specialist permit eligibility. Provides that an emergency permit may be renewed up to two times to an individual enrolled in an alternative teacher certification program if the program provides documentation verifying the individual's good standing in the program to the department of education. Creates a new qualification option for a transition to teaching program participant who seeks to obtain a license to teach in grades 5 through 12. Removes a provision that provides that the department may not release less than 10 items per subject matter level per grade level regarding the statewide summative assessment. Removes a requirement that for a parent or student to use a career scholarship account (CSA) annual grant amount for costs related to transportation a CSA participating entity must pay a matching amount for the transportation costs. Requires each state educational institution that offers a two year graduate degree program in mental or behavioral health to evaluate the graduate degree program to determine the feasibility of providing the program in a specifically structured manner to allow full-time students to complete the program within: (1) one year; or (2) five years if the program is combined with a baccalaureate degree program. Requires the Indiana department of education to elect to participate as a covered state in the federal tax credit scholarship program for elementary and secondary education under Section 25F of the Internal Revenue Code (enacted in Public Law 119-21, commonly known as the One Big Beautiful Bill Act of 2025). Makes conforming changes to the school scholarship tax credit in current law. Requires the governor and the department of workforce development, in consultation with the commission for higher education, to: (1) establish a process to identify eligible workforce training programs; (2) establish a process for institutions and programs to apply for recognition as an eligible workforce training program; (3) coordinate certain workforce training matters; and (4) require eligible workforce training programs to provide certain datasets to the department. Provides that the department of workforce development must maintain alignment with federal rules governing workforce Pell grants. Repeals certain provisions concerning postsecondary career and technical education.
HB 1277, Health and human services matters.
Amends the duties of the office of the secretary of family and social services (office) concerning Medicaid home and community based services waivers (waiver). Requires: (1) a provider of waiver services to provide certain documentation to a waiver recipient; (2) a waiver recipient to review the documentation and report errors or inconsistencies; and (3) the recipient's case manager to provide assistance to the recipient in reviewing the documentation and reporting any errors or inconsistencies. Requires certain Medicaid recipients to choose the recipient's provider of integrated health care coordination. Provides that integrated health care coordination provided by a provider of assisted living services is not duplicative of certain other services. Establishes a time frame in which the bureau of disabilities services must review and approve or deny requests for an increase in service units provided to certain individuals with a disability. Requires the office to apply to the federal government for: (1) a new Medicaid waiver to provide assisted living services; and (2) an amendment to a specific Medicaid home and community based services waiver to establish an individual cost limit of not more than the institutional cost of nursing facility services. Specifies that provisions concerning reimbursement for assisted living services for individuals who are aged and disabled and receiving services under a Medicaid waiver apply to the new assisted living Medicaid waiver. Provides that, beginning July 1, 2027, an individual is no longer a member of the covered population upon receiving nursing facility services for 100 consecutive days. Provides that on the one hundredth day, the individual is not a member of the covered population and shall receive Medicaid services under a fee for service program. Provides that a provision prohibiting the office from reducing reimbursement for home health services expires June 30, 2027. Requires the office to collaborate with certain entities to develop a new reimbursement methodology for home health services. Specifies that public notice of at least six months (rather than one year) must be provided before a health facility service reimbursement that results in a reduction in reimbursement may be changed. Amends the definition of "bulk drug substance" for provisions concerning drug compounding. Provides that a claim by the estate recovery unit of the office of Medicaid policy and planning (estate recovery unit) is forever barred unless the estate recovery unit files a claim in the court in which the decedent's estate is being administered not later than nine months after the date of death of the decedent.
HB 1210, Department of local government finance.
Requires a municipal entity that hires or retains a municipal advisor to publish a contract in a prominent location on the municipal entity's website. Modifies the amount of supplemental wagering tax that the treasurer of state is required to pay to the riverboat operating in Gary and the distribution of wagering tax revenue to the city of Gary. Provides that the Lake County Convention Center Authority is established upon the substantial completion of the convention and event center. Establishes an alternative procedure for certain school corporations to issue refunding bonds. Requires state agencies and political subdivisions to cooperate with the state GIS officer in preparing a statewide base map. Eliminates the requirement that the department of local government finance (DLGF) work with the office of technology or another organization that is part of a state educational institution for purposes of posting information on the Indiana transparency website and submitting forms regarding data for local units. Allows a person to satisfy any notice statute by publishing notice in specified forms of media and modifies related provisions regarding notice by publication. Provides that in assessing or reassessing land, the land shall be assessed as agricultural land regardless of who owns the property or who is liable for the property taxes. Modifies procedures as to the reporting of assessment values of real and personal property and parcel level data. Changes the deadline for a county to submit to the DLGF data regarding real property, personal property, and geographic information system information. Requires the purchaser of a mobile home to process the paperwork with the bureau of motor vehicles to transfer the title into the purchaser's name within 90 days of the sale. Specifies eligibility for certain townships to petition for an increase to the maximum property tax levy for the firefighting and emergency services fund. Makes procedural changes for civil taxing units not subject to levy limits. Provides that certain local property tax credits result in a reduction of property tax collections in a political subdivision in which such a credit is applied. Specifies the procedures for the submission of certain forms and related allocation amounts with regard to various allocation areas. Amends various tax increment financing allocation area provisions, including provisions to redefine "residential property" and to require the original owner of certain nonowner-occupied residential property in an allocation area to enter into a written agreement with the appropriate entity to pay the property taxes for the portion of outstanding bonds until the bonds are retired. Changes reporting requirements by governing bodies to the DLGF regarding guaranteed savings contracts and energy efficient programs used by school corporations. Provides that the property tax rate for the levy imposed for the replacement of fire protection territory equipment is considered part of the maximum permissible ad valorem property tax levy and may not exceed $0.0333 per $100 of assessed value. Extends a temporary increase in the capitalization rate percentage under the statewide agricultural land base rate determination. Requires the DLGF to annually publish on the Indiana Register the adjusted cost estimate threshold for certain local public work projects. Provides a real and personal property tax exemption for Indiana nonprofit senior living communities beginning with property taxes that are first due and payable in 2027. Adds the Indiana Historical Society, Inc. to a list of organizations exempt from property taxation. Allows certain taxpayers to retroactively file a property tax exemption application. Increases the amount of the property tax deduction for a model residence and a residence in inventory to 100% of the assessed value of the property for each deduction. Increases the number of model residences and residences in inventory from three to ten that may be claimed for purposes of those property tax deductions. Requires an individual to reside on the real property, mobile home, or manufactured home to be eligible for the over 65 property tax credit. Increases the property tax deduction for a veteran who is totally disabled to 100% of the assessed value of the individual's real property (instead of $14,000). Expires property tax deductions for certain veterans, and instead provides a property tax liability credit. Restores the property tax deduction available to a surviving spouse of a World War I veteran that was limited by SEA 1-2025. Provides, if a taxpayer claims the homestead deduction for property that is not eligible for the deduction, that the taxpayer shall (instead of may) be liable for any additional taxes that would have been due on homestead property plus a civil penalty. Requires the county auditor to include in a notice of tax due a 10% fine as a penalty for claiming the homestead deduction falsely, which is in addition to all other penalties for which the taxpayer is liable. Allows the executive of Miami Township in Cass County to submit a petition to the DLGF requesting an increase in the township's maximum permissible ad valorem property tax levy for property taxes first due and payable in 2027. Requires the Hancock County fiscal body to adopt a resolution to allow a one time transfer of money from the library property tax replacement fund. Provides that for purposes of fixing and reviewing budgets, tax rates, and tax levies, before a county auditor makes an amendment, the county auditor must provide written notice to the county fiscal body, the DLGF, and the fiscal officers of the affected taxing units. Provides that the DLGF may not approve the budget for a political subdivision until an attestation statement concerning the uploading of contracts is submitted. Allows a school corporation to allocate the effects of supplemental homestead credits granted for property taxes first due and payable in 2026 proportionately among all the school corporation's property tax funds. Requires certain qualified data center users to enter into an agreement with local officials before the qualified data center user may use a specific transaction award certificate. Adds a provision regarding repayment in the redevelopment tax credit. Specifies eligibility and procedures for a health reimbursement arrangement income tax credit. Moves the effective date for the local income tax changes enacted in SEA 1-2025 from 2028 to 2029. Makes corresponding changes to move the expiration date regarding a county with a single voting bloc enacted in HEA 1142-2025. Specifies procedures for the imposition of local income taxes and distribution of local income tax revenue. Removes provisions enacted in SEA 1-2025 providing for the expiration of local income tax expenditure rates for counties or municipalities that fail to adopt an ordinance to renew an existing expenditure tax rate. Provides that the county may determine an allocation method for revenue raised from a tax rate for fire protection or emergency medical services. Provides that the county and certain township fire departments must receive an allocation of revenue raised from a tax rate for fire protection or emergency medical services. Provides a formula for the distribution of revenue from the local income tax rate imposed by a county for certain small cities and towns. Specifies procedures for determining population for purposes of a municipal local income tax rate. Specifies that taxing units may deposit distributions of excise tax revenue in any fund maintained by the taxing unit. Allows each county to establish a local strategic taskforce to negotiate and determine certain maximum local income tax rates. Allows the Marshall County jail fund to be used for costs otherwise incurred for the operation of the county jail. Provides that distributions of certain excise tax revenue to a taxing unit may be deposited in any fund maintained by the taxing unit and may be used for any purpose allowed by law. Makes numerous changes and additions to the local innkeeper's tax and food and beverage tax statutes, including new food and beverage tax authorizations, modifications to distributions of innkeeper's tax revenue, and revisions to the composition of various innkeeper's tax boards and commissions. Replaces the definitions of "manufactured home" and "mobile home" throughout the Indiana Code with a singular definition. Subject to an exception, limits voting eligibility in a homeowners association to members of the homeowners association who use their property as a homestead as to certain matters. With certain exceptions, prohibits a unit from adopting or enforcing an ordinance, resolution, regulation, policy, or rule that prohibits or restricts an owner of a privately owned residential property from using the property as a rental property. Retroactively amends the definition of "short term rental" to specify that certain private, owner occupied businesses are excluded from that definition. Requires a person appointed to a fire protection district board of trustees to reside in the fire protection district. Sets forth an alternative procedure that may be used to appoint the board of trustees of certain fire protection districts. Specifies maximum property tax rates for certain fire protection territories. Revises a provision of the municipal Barrett Law concerning deferred installments. Amends provisions in the drainage law as to bidding on certain projects and the term of loans. Authorizes the budget agency, subject to budget committee review, to augment the state agency contingency fund appropriations in HEA 1001-2025 through July 1, 2027, in an amount not to exceed $40,000,000 for Indiana office of technology contracts, in addition to the uses for the appropriation authorized in HEA 1001-2025.
HB 1249, Various criminal law matters.
Provides that if a person has one prior OWI conviction, the court shall order that the person be imprisoned for at least 10 days or perform community service, and if a person has two prior OWI convictions, the court shall order that the person be imprisoned for at least 20 days or perform community service. Provides that a person receives good time credit while serving a sentence imposed under this statute (under current law, a person does not receive good time credit). Provides that this statute does not increase the maximum sentence for the offense as provided by either IC 35-50-2 or IC 35-50-3. Specifies that "vehicle", for purposes of the crime of operating while intoxicated, includes a watercraft, and repeals the separate crime of operating a motorboat while intoxicated. Provides that an initial hearing may be waived and allows a person to apply for a specialized driving privilege after an initial hearing. Adds operating while intoxicated due to use of a controlled substance to the habitual traffic violator statute. Requires a law enforcement officer to offer a chemical test that includes a blood test to any person who the officer has reason to believe operated a vehicle that was involved in a fatal accident. Specifies that ignition interlock devices may only be used when the underlying offense is operating while intoxicated resulting from the use of alcohol. Specifies that certain provisions do not prevent an otherwise eligible individual from applying for a specialized driving privilege after the initial hearing. Increases the penalty for battery on certain health care employees and school employees. Specifies that the enhancement for battery committed against a department of child services (DCS) employee applies only to those DCS employees whose responsibilities include personally supervising a child or parent, personally providing services to a child or parent, or personally interviewing a child or parent as part of an investigation. Requires the employer of a health care or school employee who is the victim of battery to make a semiannual report to the department of labor concerning workplace batteries. Provides that certain uses of a drone constitute remote aerial harassment. Specifies that a child charged with dangerous possession of a firearm may be tried by a juvenile court under certain circumstances. Makes dangerous possession of a firearm a Level 5 felony if the child: (1) has a prior conviction for unlawful carrying of a handgun; or (2) possesses the firearm on school property, within 500 feet of a school, or on a school bus. Specifies that certain individuals may not be subject to a county residency requirement, including a public defender (except for the chief public defender), court personnel, and a deputy prosecuting attorney. Prohibits the release of personally identifying information concerning a railroad crew in a public report concerning a railroad fatality. Repeals provisions that require: (1) the department of education to maintain a public data base concerning public school employees who were physically injured on the job by students; and (2) each public school to provide to the department of education information concerning certain public school employees physically injured on the job by a student.
HB 1200, Bureau of motor vehicles.
Allows additional license plates issued by the bureau of motor vehicles (bureau) to be designed as a personalized license plate. Provides that a motor vehicle may be equipped with an appropriate, functioning rear view camera that provides the driver a view of the highway for a distance of at least 200 feet to the rear of the vehicle instead of a mirror. Prohibits the Indiana department of transportation from implementing variable speed limits or using electronic variable speed limit signs. Amends the information required to be provided by an applicant for a driver's license or permit. Amends the required age an individual must be to obtain a driver's license from 16 years and 90 days of age to 16 years of age. Requires an individual to demonstrate sufficient proficiency of the English language to operate a commercial motor vehicle. Provides that an individual commits a Level 6 felony if the individual: (1) represents that a false record is a valid commercial driver's license; or (2) does not have proper documentation while driving with a commercial driver's license issued by any jurisdiction other than a state, territory, or possession of the United States. Provides that a business enterprise may not educate, train, or otherwise prepare an individual to operate a commercial motor vehicle if certain circumstances exist. Makes certain changes to the requirements for the issuance of a nondomiciled commercial driver's license and allows for the revocation of an individual's nondomiciled commercial driver's license in certain circumstances. Allows an applicant for a driver's license or permit to take an examination of the individual's ability to read and understand highway signs and the individual's knowledge of Indiana traffic laws by satisfactorily completing an online examination approved by the bureau. Amends the time that an expired driver's license of an individual temporarily residing outside Indiana because of service in the armed forces remains valid. Changes the time for an individual who is 75 years of age or older and renewing a physical credential to provide proof to the bureau that the individual passed an eyesight examination from 30 days to 60 days. Removes the limitation that a renewal identification card cannot be issued by electronic service if the card expired more than 180 days prior to the date of the application for renewal. Provides that an advertisement that violates the prohibition on advertising certain illegal products must be removed from public circulation not later than October 1, 2026. Amends certain requirements for township capital improvement plans.