Loading chat...
Track 1,712 bills from the Indiana 2019 legislative session. 397 bills have passed. View Indiana House of Representatives and Senate legislation, sponsors, and voting records.
Bills (1712)
Honoring retired Navy Captain, Sarah J. Watlington, for her many contributions to the community in Tippecanoe County, the state of Indiana, and the United States of America.
Sponsor: Sheila Klinker
Honoring Ms. Debra Bola?os on receiving the 2019 Indiana Heritage Fellowship Award for her contribution to folk arts in Indiana.
Sponsor: Mara Reardon
A SENATE RESOLUTION honoring Jack Reid upon his retirement from the Indiana Senate.
Sponsor: James Merritt
A CONCURRENT RESOLUTION memorializing Shacarra Lashae Hogue.
Sponsor: Martin Carbaugh
A SENATE RESOLUTION expressing the Indiana State Senate's sincere appreciation to the Indiana State Medical Association and the Indiana Academy of Family Physicians for coordinating and operating the "Doctor of the Day" program and to the dedicated doctors who participated.
Sponsor: Rodric Bray
A SENATE RESOLUTION recognizing the exceptional work and dedication of the Indiana State Senate employees.
Sponsor: Rodric Bray
A SENATE RESOLUTION congratulating the Carmel High School boys basketball team on its 2019 Indiana High School Athletic Association (IHSAA) 5-A boys basketball state championship victory.
Sponsor: J.D. Ford
A CONCURRENT RESOLUTION memorializing J. Robert Shine and urging the Indiana Department of Transportation to rename a portion of State Road 64 the "J. Robert Shine Highway".
Sponsor: Ronald Grooms
A SENATE RESOLUTION urging the Indiana Department of Transportation to designate the pathway along the U.S. Highway 150 connector between Terre Haute and West Terre Haute as the Max Miller Memorial Pathway.
Sponsor: Jon Ford
A CONCURRENT RESOLUTION congratulating the Fort Wayne Carroll High School Culinary Arts Team on winning the 2019 Indiana Prostart and Family, Career, and Community Leaders ("FCCLA") Culinary Arts and Management Invitational.
Sponsor: Elizabeth Brown
A CONCURRENT RESOLUTION honoring Mr. Hurley C. Goodall.
Sponsor: Sue Errington
A CONCURRENT RESOLUTION celebrating Claeys Candy serving the South Bend community with 100 years of business.
Sponsor: David Niezgodski
A SENATE RESOLUTION in honor of Senator Frank Mrvan and urging the legislative council to assign to the appropriate interim study committee the topic of the shortage of school counselors in Indiana's high schools.
Sponsor: Frank Mrvan
A SENATE RESOLUTION celebrating Claeys Candy serving the South Bend community with 100 years of business.
Sponsor: David Niezgodski
A CONCURRENT RESOLUTION honoring all Hoosier "Rosie the Riveters".
Sponsor: Eric Koch
A SENATE RESOLUTION recognizing the Indiana Paralegal Association on its 40th anniversary.
Sponsor: Aaron Freeman
Honoring Mike Rethlake for owning and operating the last full service gas station in Kokomo as a family business.
Sponsor: Michael Karickhoff
A CONCURRENT RESOLUTION honoring individuals for their heroic actions in protecting the students and staff of Noblesville West Middle School on May 25, 2018.
Sponsor: Victoria Spartz
A SENATE RESOLUTION congratulating St. Paul Catholic School on being named a Four Star School for the 2017-2018 school year.
Sponsor: Ed Charbonneau
A SENATE RESOLUTION congratulating the Carmel High School Girls Swimming and Diving Team on their 33rd consecutive Indiana High School Athletic Association (IHSAA) state championship.
Sponsor: J.D. Ford
A SENATE RESOLUTION congratulating Valparaiso High School on being named a Four Star School for the 2017-2018 school year.
Sponsor: Ed Charbonneau
A SENATE RESOLUTION urging the Legislative Council to assign the topics of court costs for indigent individuals and the look-back time period for prior unrelated convictions in Indiana's criminal code to the appropriate study committee.
Sponsor: Karen Tallian
Recognizing Destiny Rutzel.
Sponsor: Randall Frye
A CONCURRENT RESOLUTION congratulating the Fort Wayne Carroll High School Show Choirs on being named Grand Champions of the 2019 New York City Fame Show Choir National Championship.
Sponsor: Elizabeth Brown
A CONCURRENT RESOLUTION congratulating the 2018 West Lafayette High School football team.
Sponsor: Sheila Klinker
A CONCURRENT RESOLUTION congratulating the Fort Wayne Carroll High School girls cross country team on winning the 2018 Indiana High School Athletic Association ("IHSAA") state championship title.
Sponsor: Elizabeth Brown
A CONCURRENT RESOLUTION recognizing the success of Franklin Community High School Choirs.
Sponsor: John Young
A CONCURRENT RESOLUTION congratulating the Emmanuel Christian School volleyball team on winning the 2018 Indiana Association of Christian Schools ("IACS") Division II state championship title.
Sponsor: Andy Zay
A CONCURRENT RESOLUTION congratulating the Hamilton Southeastern High School and Fishers Junior High School "We the People" teams.
Sponsor: Victoria Spartz
A CONCURRENT RESOLUTION congratulating the Oak Hill High School girls basketball team on winning the 2019 Indiana High School Athletic Association ("IHSAA") Class 2A state championship title.
Sponsor: Andy Zay
Recognizing Omega Psi Phi.
Sponsor: Vernon Smith
A SENATE RESOLUTION congratulating Pastor Royce F. Thompson, Sr. and Lady Tarniesha Thompson as they celebrate their 8th Pastoral Appreciation at The New Friendship Missionary Baptist Church.
Sponsor: Eddie Melton
Honoring Mr. Craig Severns as the president of Coca-Cola Kokomo.
Sponsor: Michael Karickhoff
Recognizing the Northwestern High School girls basketball team.
Sponsor: Heath VanNatter
A CONCURRENT RESOLUTION recognizing McCutcheon High School gymnast Crysta Dilley.
Sponsor: Sheila Klinker
A CONCURRENT RESOLUTION honoring Indiana University-Purdue University Indianapolis ("IUPUI") in celebration of its 50th anniversary.
Sponsor: Jack Sandlin
A CONCURRENT RESOLUTION honoring Hoosier long-term care professionals.
Sponsor: Karlee Macer
A SENATE RESOLUTION recognizing Elliot Cox for his on-the-track and off-the-track accomplishments.
Sponsor: Aaron Freeman
Congratulating the Lake Central Dance Team.
Sponsor: Chris Chyung
Memorializing the victims of a massacre in Christchurch, New Zealand on March 15, 2019.
Sponsor: Chris Chyung
A CONCURRENT RESOLUTION recognizing the 100th anniversary of Indiana Farm Bureau.
Sponsor: Jean Leising
Recognizing the 50th anniversary of the George Washington High School basketball state championship in 1969.
Sponsor: Justin Moed
A CONCURRENT RESOLUTION honoring Mr. Jack E. Disher for his service in the United States Army during the Korean War.
Sponsor: Sue Errington
A SENATE RESOLUTION congratulating Northview Elementary School on being named a Four Star School for the 2017-2018 school year.
Sponsor: Ed Charbonneau
A SENATE RESOLUTION congratulating the Carmel High School Boys Swimming and Diving Team on their Indiana High School Athletic Association (IHSAA) 2019 State Championship.
Sponsor: J.D. Ford
A CONCURRENT RESOLUTION recognizing the valuable contributions of the Indiana Sheriffs' Association.
Sponsor: John Crane
A SENATE RESOLUTION congratulating Union Center Elementary School on being named a Four Star School for the 2017-2018 school year.
Sponsor: Ed Charbonneau
A CONCURRENT RESOLUTION congratulating the Morristown High School boys basketball team on winning the 2018 Indiana High School Athletic Association ("IHSAA") Class A state championship title.
Sponsor: Michael Crider
Congratulating the Highland Challenger League as the 2018 Little League Challenger Division World Champions.
Sponsor: Wendy McNamara
A CONCURRENT RESOLUTION recognizing and honoring the contributions of Girl Scouts in Indiana on March 19, 2019.
Sponsor: Karlee Macer
A SENATE RESOLUTION congratulating Covenant Christian High School on being named a Four Star School for the 2017-2018 school year.
Sponsor: Ed Charbonneau
A CONCURRENT RESOLUTION recognizing the 26th anniversary of the Indiana Minority Health Coalition.
Sponsor: Vanessa Summers
A SENATE RESOLUTION congratulating Benjamin Franklin Middle School on being named a Four Star School for the 2017-2018 school year.
Sponsor: Ed Charbonneau
A CONCURRENT RESOLUTION congratulating the Martinsville High School Academic Decathlon team.
Sponsor: Peggy Mayfield
Urging that public agencies only use American steel for public works projects.
Sponsor: Lisa Beck
A CONCURRENT RESOLUTION recognizing and congratulating Whitko High School artists.
Sponsor: Christopher Judy
A CONCURRENT RESOLUTION recognizing and congratulating Pearl E. Bassett as a civil rights champion and pillar of Grant County, Indiana.
Sponsor: Kevin Mahan
A SENATE RESOLUTION recognizing the Indiana Legislative Youth Advisory Council.
Sponsor: James Merritt
A SENATE RESOLUTION congratulating Cooks Corners Elementary School on being named a Four Star School for the 2017-2018 school year.
Sponsor: Ed Charbonneau
Concerning workplace injury and fatality in Indiana.
Sponsor: Lisa Beck
A CONCURRENT RESOLUTION congratulating the Pioneer High School softball team on winning the 2018 Indiana High School Athletic Association ("IHSAA") Class A state championship title.
Sponsor: Randall Head
A CONCURRENT RESOLUTION celebrating the 100th anniversary of the Fraternal Order of Police Indiana Wayne Lodge 14.
Sponsor: Martin Carbaugh
A CONCURRENT RESOLUTION congratulating Jonathan Arndt on being named the 2019 Advanced Placement ("AP") Midwestern Region Teacher of the Year.
Sponsor: Randall Head
A CONCURRENT RESOLUTION recognizing Indiana Task Force One.
Sponsor: Randall Frye
A CONCURRENT RESOLUTION congratulating the 2019 Portage High School girls bowling team.
Sponsor: Charles Moseley
A CONCURRENT RESOLUTION recognizing the Indianapolis Homeschool Wildcats for winning state, regional, and national titles in 2019.
Sponsor: Justin Moed
A CONCURRENT RESOLUTION recognizing the 125th anniversary of the Caroline Scott Harrison Chapter of the National Society Daughters of the American Revolution.
Sponsor: Christy Stutzman
A SENATE RESOLUTION acknowledging the significant contributions made by the Special Olympics movement across the world and to the State of Indiana and urging Governor Holcomb to recognize June 6, 2019, the 50th anniversary of the inaugural Indiana Summer Games, as "Special Olympics Day".
Sponsor: J.D. Ford
A SENATE RESOLUTION honoring James Goodhue on his retirement as Director of the Jasper High School bands.
Sponsor: Mark Messmer
A SENATE RESOLUTION congratulating the Chesterton High School girls gymnastics team on winning the 2019 Indiana High School Athletic Association (IHSAA) Gymnastic State Championship.
Sponsor: Karen Tallian
A SENATE RESOLUTION congratulating the Warren Central High School Football team on winning the 2018 Indiana High School Athletic Association ("IHSAA") Class 6A State Championship.
Sponsor: Michael Crider
Recognizing the 175th anniversary of SS. Peter and Paul Catholic Church in Huntington, Indiana.
Sponsor: Daniel Leonard
A SENATE RESOLUTION urging the legislative council to assign to the appropriate study committee the topic of worker misclassification reporting by state agencies.
Sponsor: David Niezgodski
A SENATE RESOLUTION recognizing World Down Syndrome Day 2019.
Sponsor: Mike Bohacek
A SENATE RESOLUTION urging Legislative Services Agency ("LSA") to conduct a comprehensive, data-focused study examining factors that have led to school shootings and violence in Indiana and the United States.
Sponsor: John Ruckelshaus
Urging Congress to study the regulation of duck boats and the duck boat tourism industry.
Sponsor: Cherrish Pryor
A CONCURRENT RESOLUTION celebrating the 100th anniversary of Purdue University's "All-American" Marching Band at the Indianapolis Motor Speedway's Indianapolis 500.
Sponsor: Sheila Klinker
Honoring the centennial celebration of the Martinsville Candy Kitchen.
Sponsor: Peggy Mayfield
A CONCURRENT RESOLUTION congratulating the Fort Wayne Carroll High School gymnastics team on winning the 2019 Indiana High School Athletic Association ("IHSAA") regional championship.
Sponsor: Elizabeth Brown
Honoring Joe Vanable on serving the community of greater Lafayette for 20 years and for his contribution to the National Alliance for Mental Illness, Indiana.
Sponsor: Chris Chyung
A CONCURRENT RESOLUTION recognizing Karen Vaughn for her advocacy for people with disabilities.
Sponsor: Vaneta Becker
Congratulating the Griffith High School Robotics Team.
Sponsor: Chris Chyung
Urging Governor Eric Holcomb to recognize October as Eczema Awareness Month in Indiana.
Sponsor: David Frizzell
Honoring the Munster High School Speech Team.
Sponsor: Mara Reardon
A CONCURRENT RESOLUTION congratulating the Andrean High School boys basketball team on winning the 2019 IHSAA Class 2A State Championship.
Sponsor: Carolyn Jackson
A CONCURRENT RESOLUTION congratulating Owen Norwalk on winning the Marion County Spelling Bee Championship.
Sponsor: John Ruckelshaus
A CONCURRENT RESOLUTION honoring Gary Johnson for 40 years in ministry and upon his transition from Lead Servant of Indian Creek Christian Church to Executive Director at e2: effective elders.
Sponsor: Aaron Freeman
Congratulating and honoring Mr. Adrian Huizar, a 2019 Top Youth Volunteer of Indiana.
Sponsor: Pat Boy
A SENATE RESOLUTION congratulating Heavilin Elementary School on being named a Four Star School for the 2017-2018 school year.
Sponsor: Ed Charbonneau
A CONCURRENT RESOLUTION congratulating the Fairfield Jr.-Sr. High School Varsity Winter Guard for winning the 2019 Indiana High School Color Guard Association Divisional Regional A state title.
Sponsor: Curt Nisly
A SENATE RESOLUTION recognizing March as Women's History Month and honoring notable Hoosier women.
Sponsor: Jean Breaux
Recognizing March 25 through March 31 as Farmworkers Awareness Week in 2019, and the work of Proteus, Inc. and Mr. Cesar Chavez.
Sponsor: Earl Harris
Honoring Michael Bertram for his accomplishments.
Sponsor: Ronald Bacon
Recognizing the 2018-2019 Munster High School boys swim team and coach Matt Pavlovich.
Sponsor: Mara Reardon
A CONCURRENT RESOLUTION honoring the 50th anniversary of the Duneland School Corporation.
Sponsor: Charles Moseley
Urging Governor Holcomb to recognize September as Brain Aneurysm Awareness Month.
Sponsor: Sean Eberhart
A CONCURRENT RESOLUTION congratulating the Rensselaer Central High School livestock judging team on winning the 2017 FFA National Livestock Judging Competition and participation in a 2018 international competition.
Sponsor: Brian Buchanan
A SENATE RESOLUTION congratulating the Warren Central High School Girls Basketball team on winning the 2018 Indiana High School Athletic Association ("IHSAA") Class 4A State Championship.
Sponsor: Michael Crider
A CONCURRENT RESOLUTION recognizing the Muncie-Delaware County Chamber of Commerce on its 125th anniversary.
Sponsor: Sue Errington
Recognizing Virtuous Cycles.
Sponsor: Sheila Klinker
Congratulating First Farmers Bank and Trust on its upcoming expansion in Tippecanoe County.
Sponsor: Sheila Klinker
A SENATE RESOLUTION honoring Marilyn Pfisterer upon her retirement from the Indianapolis-Marion County City-County Council.
Sponsor: Jack Sandlin
Urging the legislative council to assign to an appropriate study committee the topic of off road vehicle helmet requirements in Indiana.
Sponsor: Ronald Bacon
A CONCURRENT RESOLUTION congratulating the Emmanuel Christian School boys basketball team on winning the 2019 Indiana Association of Christian Schools ("IACS") Division II state championship title.
Sponsor: Andy Zay
Recognizing the Alpha Kappa Alpha Sorority Inc. 100th Central Regional Conference for the Central Region, March 28-31, 2019.
Sponsor: Vanessa Summers
A CONCURRENT RESOLUTION honoring Lieutenant General Bruce R. Harris.
Sponsor: Thomas Saunders
A CONCURRENT RESOLUTION memorializing Charles Beckner.
Sponsor: Mark Messmer
A SENATE RESOLUTION recognizing the 40th anniversary of diplomatic relations between the United States and China, and celebrating the sister-state relationship between Indiana and China's Zhejiang Province.
Sponsor: Randall Head
Congratulating the North Judson-San Pierre High School girls volleyball team.
Sponsor: Jim Pressel
A SENATE RESOLUTION urging the legislative council to assign to the appropriate study committee the topic of mandated insurance coverage for Pediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcal Infections (PANDAS).
Sponsor: David Niezgodski
A SENATE RESOLUTION congratulating the Marquette Catholic girls basketball team on their Class A basketball championship.
Sponsor: Karen Tallian
A CONCURRENT RESOLUTION recognizing the 148th Annual Convention of the National Rifle Association taking place in Indianapolis, Indiana, from April 25-28, 2019.
Sponsor: Jack Sandlin
A SENATE RESOLUTION celebrating the 163rd anniversary of the Theta Chi Fraternity.
Sponsor: J.D. Ford
A CONCURRENT RESOLUTION congratulating the Fort Wayne Carroll High School cheerleading team on winning the 2018 Indiana Cheer Championship.
Sponsor: Elizabeth Brown
A SENATE RESOLUTION congratulating the Warren Central High School Boys Basketball team on winning the 2018 Indiana High School Athletic Association ("IHSAA") Class 4A State Championship.
Sponsor: Michael Crider
A CONCURRENT RESOLUTION recognizing and honoring volunteer firefighters.
Sponsor: Randall Frye
A SENATE RESOLUTION recognizing the Plymouth High School Robotics Club.
Sponsor: Randall Head
A CONCURRENT RESOLUTION recognizing Perry Township Schools on receiving the 2019 National Award of Excellence for Educator Effectiveness by the National Institute for Excellence in Teaching ("NIET").
Sponsor: Jack Sandlin
A SENATE RESOLUTION expressing gratitude to Verizon Communications for its role in promoting and supporting the Indiana General Assembly's legislative internship program and scholarships.
Sponsor: Rodric Bray
A SENATE RESOLUTION congratulating Morgan Township Elementary School on being named a Four Star School for the 2017-2018 school year.
Sponsor: Ed Charbonneau
A CONCURRENT RESOLUTION memorializing Boone County Sheriff's Deputy Jacob M. Pickett.
Sponsor: Donna Schaibley
A CONCURRENT RESOLUTION congratulating the Silver Creek High School boys basketball team on winning the 2019 Indiana High School Athletic Association ("IHSAA") Class 3A state championship title.
Sponsor: Chris Garten
Recognizing the Robert A. Taft Middle School Dance Team state champions.
Sponsor: Lisa Beck
Congratulating Pastor Hue Guy for 50 years of service.
Sponsor: Philip GiaQuinta
A SENATE RESOLUTION recognizing Billy Martin's Store and the Martin family for their legacy and contributions as small business owners in meeting the needs of the Martinsburg community for 160 years.
Sponsor: Erin Houchin
A CONCURRENT RESOLUTION congratulating Caiden Lake of Oak Hill High School on winning the 2019 Indiana High School Athletic Association ("IHSAA") one meter diving state championship title.
Sponsor: Andy Zay
A SENATE RESOLUTION honoring the Rotarians of Rotary District 6580.
Sponsor: Ronald Grooms
A SENATE RESOLUTION honoring the life of Mustafa Ayoubi.
Sponsor: J.D. Ford
A CONCURRENT RESOLUTION congratulating the 2018 Rensselaer Central High School livestock judging team on winning first place at the 2018 National 4-H Livestock Judging Competition.
Sponsor: Brian Buchanan
A SENATE RESOLUTION urging the legislative council to assign the topic of coverage for pharmacist care to an interim study committee.
Sponsor: Ronald Grooms
A CONCURRENT RESOLUTION recognizing the 2018-2019 Tabernacle Christian School varsity basketball teams on winning Indiana Association of Christian Schools (IACS) Division I State Championships.
Sponsor: Peggy Mayfield
Honoring the Saint Paul African Methodist Episcopal Church.
Sponsor: Michael Karickhoff
A SENATE RESOLUTION memorializing Rising Sun Police Chief David Hewitt.
Sponsor: Clyde Perfect
Honoring Antonio and Betty Zamora.
Sponsor: Sheila Klinker
Honoring Representative Dave Frizzell.
Sponsor: Robert Behning
Congratulating the Northridge High School Starlights Show Choir and their 2018-2019 State Championship win.
Sponsor: Christy Stutzman
A SENATE RESOLUTION urging the legislative council to assign to an appropriate study committee the topic of how to improve the structure and utilization of the Child and Adolescent Needs and Strengths (CANS) assessment used by the Department of Child Services (DCS).
Sponsor: David Niezgodski
A CONCURRENT RESOLUTION honoring Lloyd Wright on his retirement as President and Chief Executive Officer of WFYI Public Media.
Sponsor: Aaron Freeman
A CONCURRENT RESOLUTION honoring the 50th anniversary of the Otwell High School Millers boys basketball Washington sectional championship.
Sponsor: Mark Messmer
A SENATE RESOLUTION urging Congress to propose the Parental Rights Constitutional Amendment to the States for ratification.
Sponsor: Dennis Kruse
Congratulating Cameron Gilman on earning the rank of Eagle Scout.
Sponsor: Sheila Klinker
A CONCURRENT RESOLUTION recognizing Richmond, Indiana, native Debra Garcia for her work as a labor leader.
Sponsor: Gregory Porter
Congratulating Bicknell, Indiana on its 150th anniversary.
Sponsor: Bruce Borders
A SENATE RESOLUTION congratulating the Porter County Career and Technical Center ("PCCTC") Video Production and Media Studies program on being named the 2019 Television School of the Year by the Indiana Association of School Broadcasters.
Sponsor: Ed Charbonneau
A CONCURRENT RESOLUTION congratulating Ruth D. Hill on the occasion of her 90th birthday.
Sponsor: Dennis Zent
A CONCURRENT RESOLUTION congratulating the residents of Floyd County on the occasion of the Floyd County Bicentennial.
Sponsor: Edward Clere
Honoring Mrs. Lois Speece on the occasion of her 100th birthday.
Sponsor: Sheila Klinker
A SENATE RESOLUTION memorializing Ermias Joseph Asghedom, better known as Nipsey Hussle.
Sponsor: Eddie Melton
A CONCURRENT RESOLUTION honoring Hadley Hawkins for winning the 2018 Indiana State Youth of the Year Award.
Sponsor: Eric Koch
Recognizing the Junior League of South Bend, Inc. on its 75th anniversary.
Sponsor: Ryan Dvorak
Recognizing Christ Missionary Baptist Church of Indianapolis on the occasion of its 100th anniversary.
Sponsor: Cherrish Pryor
Honoring those who have served as legislative interns for the Indiana House of Representatives during the First Regular Session of the 121st Indiana General Assembly.
Sponsor: Gregory Steuerwald
A SENATE RESOLUTION honoring Mr. Ronald Cunningham.
Sponsor: Randall Head
A CONCURRENT RESOLUTION honoring Michael E. Morken on over thirty years of service to the Indianapolis Metropolitan Police Department ("IMPD") Merit Board.
Sponsor: Aaron Freeman
Recognizing Martin Center, Inc. on the occasion of its 50th anniversary.
Sponsor: Cherrish Pryor
A SENATE RESOLUTION to recognize and honor the Senate Democratic Caucus Interns for their service during the First Regular Session of the One Hundred Twenty First Indiana General Assembly.
Sponsor: Karen Tallian
A CONCURRENT RESOLUTION memorializing Dorothy Weitz Drummond.
Sponsor: Matt Pierce
A SENATE RESOLUTION recognizing Modern Aluminum Castings Company of Terre Haute for 100 years in business.
Sponsor: Jon Ford
A SENATE RESOLUTION recognizing foreign exchange students in Indiana.
Sponsor: Eric Bassler
A SENATE RESOLUTION congratulating Sylvia Williams for being named one of the top youth volunteers in Indiana in 2019.
Sponsor: Lonnie Randolph
A CONCURRENT RESOLUTION recognizing Alpha Kappa Alpha Day at the Capitol.
Sponsor: Vanessa Summers
A SENATE RESOLUTION congratulating Genevieve Schiralli on her 100th birthday.
Sponsor: Eddie Melton
A CONCURRENT RESOLUTION fixing the date for the First Regular Technical Session of the One Hundred Twenty First General Assembly.
Sponsor: Rodric Bray
A SENATE RESOLUTION honoring Jim and Jeanne Huser on their 70th wedding anniversary.
Sponsor: Aaron Freeman
A SENATE RESOLUTION honoring Jim Kessler upon his retirement as Head Men's Basketball Coach at Grace College.
Sponsor: Ryan Mishler
A SENATE RESOLUTION memorializing Ron Kline.
Sponsor: Jon Ford
A CONCURRENT RESOLUTION memorializing James and Naomi Beckner.
Sponsor: Mark Messmer
Recognizing the Korean American Association of Indiana.
Sponsor: Chris Chyung
A SENATE RESOLUTION to recognize the Indiana Heritage Fellowship award and the contributions by its recipients to art and culture throughout Indiana.
Sponsor: Eric Koch
A SENATE RESOLUTION honoring the 2019 Senate Majority Caucus interns and thanking them for their service to the Indiana General Assembly.
Sponsor: James Merritt
Honoring Pastor Charles Walter.
Sponsor: Sheila Klinker
A SENATE RESOLUTION congratulating Jennifer Volheim on receiving the Indiana Council for Exceptional Children Distinctive Services of the Year Award.
Sponsor: J.D. Ford
A SENATE RESOLUTION memorializing Ted Ziemer's lifelong commitment and contributions to the State of Indiana.
Sponsor: Vaneta Becker
A CONCURRENT RESOLUTION honoring the relationship between Japan and the State of Indiana.
Sponsor: Rodric Bray
Honoring the 40th anniversary of the Indiana-Taiwan sister-state relationship.
Sponsor: David Frizzell
A CONCURRENT RESOLUTION recognizing the Indiana Alliance of Boys and Girls Clubs Indiana Kids program.
Sponsor: Eric Koch
Honoring the University of Southern Indiana Chamber Choir and Conductor Daniel Craig, and congratulating the Chamber Choir on winning the 2018 Mayo International Choral Festival Premiere Competition.
Sponsor: Wendy McNamara
A SENATE RESOLUTION celebrating Dasie Sanders' 47 year career in radio ministry.
Sponsor: Eddie Melton
Honoring Joe Vanable on serving the community of greater Lafayette for 20 years and for his contribution to the National Alliance for Mental Illness, Indiana.
Sponsor: Sheila Klinker
Honoring Mr. Rameil Pitamber and Assistant Police Chief Nugent for their work to promote the practices of mentoring, self-development, and better relations between local communities and law enforcement.
Sponsor: Gregory Steuerwald
Regarding the Restatement of the Law, Liability Insurance that was approved at the 2018 annual meeting of the American Law Institute.
Sponsor: Matthew Lehman
A CONCURRENT RESOLUTION celebrating the 25th anniversary of the Hoosier Hurricane roller coaster at Indiana Beach Amusement and Water Park Resort.
Sponsor: Donald Lehe
A CONCURRENT RESOLUTION honoring Dennis Intermediate School students and Principal Nicole VanDervort.
Sponsor: Bradford Barrett
A SENATE RESOLUTION honoring all of the wonderful mothers throughout the world, and bringing recognition to the indispensable support, effort, and love they provide.
Sponsor: Lonnie Randolph
A CONCURRENT RESOLUTION memorializing Mr. John Lingenfelter.
Sponsor: Matthew Lehman
A CONCURRENT RESOLUTION recognizing September 1-7, 2019, as Natural Disaster Resiliency Week.
Sponsor: Matthew Lehman
A SENATE RESOLUTION memorializing Stephen William Hadley.
Sponsor: Jack Sandlin
Recognizing Howard County on its 175th anniversary.
Sponsor: Michael Karickhoff
Congratulating Ariana Kanaya and Grace Bentkowski for winning first place in broadcast news production at the 2019 Indiana Business Professionals of America State Conference.
Sponsor: Chris Chyung
A CONCURRENT RESOLUTION congratulating the Western Boone High School football team on winning the 2018 Indiana High School Athletic Association ("IHSAA") Class 2A state championship title.
Sponsor: Brian Buchanan
Honoring Paul "P.G." Gentrup assisting and recognizing veterans and their families for their service.
Sponsor: Randall Frye
A CONCURRENT RESOLUTION congratulating Junior Achievement on the occasion of its 100th anniversary.
Sponsor: Carey Hamilton
Recognizing the Lake Central Hockey Team for being selected to participate in the Chipotle-USA Hockey High School Division 1 National Championship.
Sponsor: Chris Chyung
A CONCURRENT RESOLUTION regarding the Restatement of the Law, Liability Insurance that was approved at the 2018 annual meeting of the American Law Institute.
Sponsor: Matthew Lehman
A SENATE RESOLUTION congratulating Olivia Taylor on her dance career and for representing the United States at the International Dance Organization Ballet, Jazz, and Modern World Dance Championship in Poland.
Sponsor: Vaneta Becker
Congratulating Nachiket Magesh for winning the 2019 Kankakee Valley REMC Regional Spelling Bee.
Sponsor: Chris Chyung
A SENATE RESOLUTION congratulating Gabrielle Mullins on her achievements in dance and for representing the United States at the International Dance Organization Ballet, Jazz, and Modern World Dance Championship in Poland.
Sponsor: James Merritt
A SENATE RESOLUTION expressing appreciation to the Indiana State Chiropractic Association for coordinating and operating the "Chiropractor of the Day" program at the Indiana Statehouse and to the dedicated chiropractors who participated.
Sponsor: Rodric Bray
A SENATE RESOLUTION expressing the sincere gratitude and appreciation of the Indiana Senate to the Indiana Legislative Services Agency for its tireless work and dedication during the First Regular Session of the One Hundred Twenty First General Assembly.
Sponsor: Rodric Bray
A SENATE RESOLUTION congratulating Dixie Bee Elementary School on being named a Four Star School for the 2017-2018 school year.
Sponsor: Jon Ford
A CONCURRENT RESOLUTION recognizing Mr. Jeffrey Rudkin, Batchelor Middle School, and the student-run B-TV video production program.
Sponsor: Jeff Ellington
A CONCURRENT RESOLUTION congratulating Dr. Jeff Butts as the 2019 Indiana Superintendent of the Year.
Sponsor: Karlee Macer
Recognizing Tri Kappa of Auburn's DeKalb County Pink Out.
Sponsor: Ben Smaltz
Encouraging the legislative council to study the benefit of offering a film and media rebate.
Sponsor: David Frizzell
Congratulating Diversified Marketing Strategies, Inc. on being named a 2018 Solution Provider All Star Award winner by Constant Contact.
Sponsor: Lisa Beck
Recognizing the members of the Huntington First Church of the Nazarene Church during their 100th Anniversary.
Sponsor: Daniel Leonard
Recognizing the United Negro College Fund on the occasion of its 75th anniversary.
Sponsor: Cherrish Pryor
Congratulating Daleville High School on winning the 2018 Class 1A State Championship in baseball.
Sponsor: Melanie Wright
Honoring Mr. Jonathan Agular as a ROSE Award Nominee for his contribution to the city of Indianapolis in the tourism industry.
Sponsor: Mara Reardon
Memorializing the victims of multiple bombings in Sri Lanka on April 21, 2019.
Sponsor: Chris Chyung
A CONCURRENT RESOLUTION congratulating the Marquette Catholic High School girls basketball team on winning the 2019 Indiana High School Athletic Association ("IHSAA") Class A state championship title.
Sponsor: Mike Bohacek
Underground storage of carbon dioxide. Declares the underground storage of carbon dioxide to be a public use and service, in the public interest, and a benefit to the welfare and people of Indiana. Authorizes the establishment of a carbon sequestration pilot project (pilot project) that will capture carbon dioxide at a proposed ammonia production facility in West Terre Haute and inject the carbon dioxide into underground strata and formations pursuant to a Class VI well permit from the United States Environmental Protection Agency (EPA) as an alternative to releasing the carbon dioxide into the air. Provides that if the operator of the pilot project is not able to reach an agreement with an owner of property to acquire: (1) ownership of underground strata or formations located under the surface of the property; or (2) ownership or other rights to one or more areas of the surface of the property for purposes of establishing and operating monitoring facilities required by the EPA; the operator of the pilot project may exercise the power of eminent domain to make the acquisition. Provides that the pilot project operator's acquisitions by eminent domain must be made through the law on eminent domain for gas storage, which provides that a condemnor, before condemning any underground stratum or formation, must have acquired the right to store gas in at least 60% of the stratum or formation by a means other than condemnation. Amends the law on eminent domain for gas storage to make it applicable to the pilot project operator's acquisitions by eminent domain. Provides that the state of Indiana, upon the recommendation of the director of the department of natural resources and review by the state budget committee, may obtain ownership of: (1) the carbon dioxide stored in the underground strata and formations; and (2) the underground strata and formations in which the carbon dioxide is stored; 12 years after pilot project underground injections begin or, if the underground injections cease in less than 12 years, after the underground injections cease. Urges the legislative council to assign to an appropriate interim study committee for the 2019 interim the task of studying the geologic storage of carbon dioxide.
Sponsor: Jon Ford
Various gaming matters. Authorizes sports wagering at riverboats, racinos, a Vigo County casino, and satellite facilities. Provides for the administration and conduct of sports wagering. Imposes initial and annual fees on a licensed owner, operating agent, vendor, or permit holder conducting sports wagering. Imposes initial and annual licensing fees on vendors conducting sports wagering. Specifies that a vendor contracting with a certificate holder has the same authority to conduct sports wagering as the certificate holder. Provides that the Indiana gaming commission (IGC) may issue a temporary certificate of authority or a temporary license to conduct business under certain circumstances. Requires the IGC to deposit vendor license application fees in the sports wagering fund. Requires the IGC to deposit sports wagering service provider license application fees in the sports wagering fund. Sets forth duties for the IGC concerning: (1) sports wagering; and (2) granting certain gambling licenses. Requires the IGC to adopt administrative rules. Specifies that the IGC may act upon information received from a sports governing body in considering requests to prohibit wagering on particular events or to prohibit making wagers of a particular type. Establishes a sports wagering service provider license. Provides that certain items must be acquired from a person that holds a supplier's license or a sports wagering service provider license. Provides that certain services must be obtained from a person holding a sports wagering service provider license. Specifies that required background checks apply to employees engaged in activities related to sports wagering. Specifies permissible sports wagering wagers. Prohibits wagering on e-sports. Provides the process for withholding delinquent child support from sports wagering winnings. Imposes a sports wagering tax of 9.5% on adjusted gross receipts received from sports wagering. Requires 3.33% of the tax revenue received to be deposited in the addiction services fund. Provides that the Gary riverboat may transfer to an inland location if the licensed owner: (1) submits a request to relocate; and (2) pays a $20,000,000 fee. Caps the maximum number of gambling games that may be offered at a Gary casino. Requires the licensed owner of the relocated Gary casino to pay an additional fee of $20,000,000 if: (1) gaming operations are relocated; and (2) the licensed owner sells or transfers the owner's interest in the owner's license within five years of relocation. Requires the licensed owner of the relocated Gary casino to: (1) offer each employee at the riverboat a similar position at the inland casino; and (2) consider hiring and training individuals laid off from the riverboat in East Chicago before considering other applicants. Provides that if a request to relocate the Gary riverboat is submitted, the IGC shall accept applications and proposals to award an owner's license to operate an inland casino in Vigo County. Requires a license fee for the owner's license to operate in Vigo County in the amount of $5,000,000. Requires the fee for the Vigo County casino license to be deposited in the state general fund. Requires a licensed owner conducting gaming operations in Vigo County to make certain payments to the City of Evansville. Provides that a person may not have an ownership interest in more than six of any combination of: (1) riverboat licenses; and (2) gambling game licenses. Reduces the graduated wagering tax on gambling games at racinos and the wagering tax on gambling games at riverboats. Provides that beginning with state fiscal years after June 30, 2021, a licensed owner or racino may not deduct more than $9,000,000 from adjusted gross receipts from wagering on gambling games. Distributes wagering tax revenue from a riverboat located in a historic hotel district to the West Baden Springs historic hotel preservation and maintenance fund beginning in 2021. Provides that wagering taxes for the Gary relocated casino continue to be imposed as if two riverboats were in operation for four years. Provides that East Chicago, Hammond, and Michigan City may receive supplemental payments from wagering tax distributions that would otherwise be paid to Gary if certain conditions are met. Provides that the IGC shall approve wagering on table games at a racino beginning January 1, 2020. Makes technical corrections and other changes to conform with recent changes to the riverboat law.
Sponsor: Todd Huston
Perinatal care. Requires the state department of health (department) to establish a perinatal navigator program. Requires a health care provider to: (1) use a validated and evidence based verbal screening tool to assess a substance use disorder in pregnancy for all pregnant women who are seen by the health care provider; and (2) if the health care provider identifies a pregnant woman who has a substance use disorder and is not currently receiving treatment, provide treatment or refer the patient to treatment. Requires the department to establish guidelines for health care providers treating substance use disorder in pregnancy. Adds the
Sponsor: Cindy Kirchhofer
Absentee ballots. Requires certain applications for an absentee ballot to be received not later than 11:59 p.m. 12 days before the date of an election. (Under current law, these applications must be received not later than 11:59 p.m. eight days before an election.) Allows certain applications for an absentee ballot to be transmitted by electronic mail. Provides that, for every election held after December 31, 2019, an application for an absentee ballot is an adequate application for an absentee ballot if it is received not earlier than December 1 of the year before any election. (Under current law, this provision
Sponsor: Thomas Saunders
Insurance matters. Requires a pharmacy benefit manager doing business in Indiana to, at least every seven days, update and make available to pharmacies maximum allowable cost list information. Repeals the law providing for availability of high risk property coverage under the federal Urban Property Protection and Reinsurance Act of 1968. Exempts flood insurance policies from the kinds of policies under which mine subsidence coverage must be made available. Repeals the law concerning the small employer voluntary reinsurance program. Urges the legislative council to assign to an interim study committee the topic of regulation and practice of pharmacy benefit managers for study and recommendations during the 2019 interim of the general assembly. Makes conforming amendments.
Sponsor: Martin Carbaugh
Innkeeper's taxes and other local taxes. Renames the convention center operating fund established under the Vanderburgh County innkeeper's statute to the convention center operating, capital improvement, and financial incentive fund (fund). Provides that expenditures from the fund for a convention center in Vanderburgh County may be used only for operating expenses, capital improvements, and financial incentives to attract new businesses. Changes the date on which Vanderburgh County innkeeper's tax revenue deposited in the fund decreases from the amount equal to the revenue generated by a 2% innkeeper's tax rate to the amount equal to the revenue generated by a 1% innkeeper's tax rate. Allows the Clark County and Floyd County councils to adopt substantially similar ordinances to increase the innkeeper's tax rate in both counties from 4% to 6%. (These taxes were imposed by state law in 1976.) Allows the Allen County council to adopt an ordinance to increase the innkeeper's tax rate in the county from 7% to 8%. (The tax was imposed by state law before 1980.) Provides that if an ordinance to increase the innkeeper's tax rate to 8% is in effect in Allen County, the minimum part of the innkeeper's tax proceeds used to provide development and promotion grants within the county increases from 2/7 to 3/8. Allows the fiscal body of White County to levy the county innkeeper's tax on resorts and any other buildings or structures in the county in which lodging is regularly furnished for consideration. Repeals the innkeeper's tax law specific to Howard County. (Howard County elected to impose an innkeeper's tax under the uniform innkeeper's tax law beginning in 2014.) Provides that the maximum innkeeper's tax rate for Howard County under the uniform innkeeper's tax law is 8% on the gross income derived from lodging income. (Current law authorizes a maximum tax rate of 5% under the uniform innkeeper's tax law.) Authorizes Knox County to establish an innkeeper's tax at a rate not to exceed 6%. Provides that, if Knox County adopts a rate that exceeds 5%, the amount of the additional tax revenue from the increased rate shall be paid to the Grouseland Foundation, Inc., to be used only for the restoration, maintenance, and operations of the Indiana territorial mansion and presidential site of William Henry Harrison located in Vincennes. Authorizes Brown County to impose a $1 admissions tax upon admissions to the indoor performing arts center. Specifies how the revenue may be used. Permits the county to enter into an operating lease with the convention and visitors commission and a contract with a nonprofit organization to operate the indoor performing arts center. Authorizes the city of Attica to impose a food and beverage tax. Authorizes the town of Danville to impose a food and beverage tax. Authorizes the city of Greenwood to impose a food and beverage tax. Authorizes the town of Whitestown to impose a food and beverage tax.
Sponsor: Michael Karickhoff
Offenses involving critical infrastructure. Repeals the term "key facility" and replaces it with "critical infrastructure facility". Defines "critical infrastructure facility". Provides that a person who, not having a contractual interest in the property, knowingly or intentionally enters the real property of a critical infrastructure facility without the permission of the owner of the critical infrastructure facility or an authorized person commits the offense of critical infrastructure facility trespass. Provides that a person who recklessly, knowingly, or intentionally damages or defaces property of a critical infrastructure facility commits the offense of critical infrastructure facility mischief. Provides criminal penalties and civil remedies
Sponsor: Eric Koch
Extraterritorial powers of municipalities. Repeals the general authority of a city or town (municipality) to regulate conduct or property use endangering public health, safety, and welfare within four miles outside of its municipal boundaries and provides that the repeal: (1) does not void such an ordinance or resolution adopted before January 1, 2019, or prevent the validity of such an ordinance or resolution from being challenged in a legal proceeding; and (2) voids such an ordinance or resolution adopted after December 31, 2018. Repeals the general authority of a municipality to: (1) impose restrictions upon persons or animals in order to prevent injury or disease; and (2) capture and destroy animals; within four miles outside its boundaries. Voids any such ordinances or resolutions adopted by a municipality before July 1, 2019. Provides that a municipality may only exercise eminent domain within the municipality unless a statute expressly provides otherwise. Eliminates the express authority of a municipal park board to acquire property outside its boundaries by eminent domain. Provides that a municipal airport board may exercise eminent domain: (1) within four miles outside its municipal boundaries; and (2) more than four miles outside its municipal boundaries in order to acquire land contiguous to an airport that existed on January 1, 2019. Repeals the general authority of a municipality to do the following with regard to watercourses located within 10 miles outside the municipal boundaries: (1) Change the channel of, dam, dredge, remove an obstruction in, straighten, and widen a watercourse. (2) Regulate the taking of water, or causing or permitting water to escape, from a watercourse. (3) Regulate conduct that might alter the temperature of water, or affect the flow of water, in a watercourse. (4) Regulate the introduction of any substance into a watercourse or onto its banks. (5) Purify the water in a watercourse. Provides that the repeal of the powers in (1) through (5) regarding watercourses: (1) voids any municipal ordinances or resolutions adopted before July 1, 2019, that exercise those powers; (2) does not affect a municipality's ability to take water from a watercourse within the 10 mile area outside its boundaries; and (3) does not affect a municipality's authority under these sections with regard to a municipal park existing on June 30, 2019, that is located within 10 miles outside the municipal boundaries. Allows a municipality to continue to exercise eminent domain to acquire property outside its boundaries, if it has reached a specified point in the eminent domain proceedings on January 1, 2019. Provides that for comprehensive plans that were initially adopted before July 1, 2019, if the municipal plan commission provided in its comprehensive plan for the development of a contiguous unincorporated area, the municipal plan commission may continue to exercise territorial jurisdiction over that area unless the jurisdiction of the municipal plan commission is terminated as provided by law. Provides that for comprehensive plans that are initially adopted after June 30, 2019: (1) If the municipality is located in a county that has not adopted a comprehensive plan covering the contiguous unincorporated area and the municipality is providing municipal services to the contiguous unincorporated area, the municipal plan commission may exercise territorial jurisdiction over that area by filing certain notices. (2) If the municipality is located in a county that has adopted a comprehensive plan and ordinance covering the contiguous unincorporated area, the municipal plan commission may exercise territorial jurisdiction over that area only if it obtains the approval of the county legislative body of each affected county. Provides that the power to aid, maintain, and operate public parks, playgrounds, and recreation facilities and programs may be exercised by a municipality with regard to a municipal park located within 10 miles outside the boundaries of the municipality that exists on June 30, 2019.
Sponsor: Philip Boots
Various election law matters. Makes the following changes in election law: (1) Removes provisions relating to candidates for President of the United States filing ballot placement requests with the secretary of state. (2) Provides that the election division annual training conference for county election officials must include information on cybersecurity and physical security practices for the statewide voter registration system, voting systems, and polling places. Requires the attendance of bipartisan board of registration members and permits clerks and board members to designate a number of chief deputies to attend. (3) Specifies that absentee reports generated by the statewide voter registration data base are required to be in a specified format, and may be generated in other formats. (4) Requires a notice to be sent to an applicant whose voter registration application is denied because the acknowledgment card was returned as undeliverable. (5) Authorizes the Indiana election commission to determine the validity of a candidate's nomination for certain offices. (6) Provides that a voter may not change the political party primary ballot that the voter has requested. (7) Establishes a procedure for casting a voter's ballot if the voter does not complete the procedures for casting the voter's ballot on an electronic voting machine or if a voter abandons a paper ballot. (8) Provides that an electronic poll book may not be used at an election if the poll book is delivered to the county election board less than 60 days before the election unless the voting system technical oversight program (VSTOP) has previously authorized in writing to the contrary. (9) Provides that a precinct may not be established if any precinct would have less than 600 active voters except in certain circumstances. (10) Provides that a county election board or a board of elections and registration does not have the power to extend the hours that the polls are open on election day. (11) Establishes standards for issuance of an order by an Indiana court or administrative agency to extend the hour for closing of the polls. Requires that specific findings be made by a court before issuing an order to extend polling place hours and makes other amendments concerning appeals in such cases. (12) Removes the shortened period during which absentee ballots by mail may be sent when a county election board shortens the period during which in-person absentee ballots may be voted. (13) Modifies the procedure for checking sample ballots for compliance with official ballots to make the procedure practical for counties using vote centers. (14) Provides that the state voting system inventory maintained by the VSTOP and any county election board resolution adopting alternative voting system security plans are confidential. (15) Provides that, in Marion County, ballots cast at a vote center are not required to be sorted by precinct unless a recount is requested. (16) Provides that, in Marion County, absentee ballot envelopes may be opened by machine instead of by absentee ballot counters. (17) Provides that, in Marion County, an individual who is: (a) a citizen of the United States; (b) registered to vote in Indiana; and (c) at least 18 years of age; may be appointed to serve as an absentee ballot counter or a courier, if the county election board adopts a resolution by a unanimous vote of its entire membership authorizing the appointment of such individuals. (18) Prohibits a county election board from scanning a voted absentee ballot card using an optical scan ballot scanner before election day, and instead requires that the voted absentee ballot card be placed in a secure envelope until election day. (19) Clarifies that the county fiscal body sets the per diem and mileage rates for all types of absentee board members. (20) Requires a county election board to take certain actions regarding a provisional ballot that is cast by an individual who is registered to vote in an Indiana county other than the county in which the provisional ballot was cast. (21) Requires all counties to count absentee ballots at a central location. (22) Establishes a deadline to file a small town primary ordinance with the county. (23) Provides that certain notice requirements do not apply to an early candidate vacancy filled by a county chairman or by a committee consisting of the county committee's chairman, vice chairman, secretary, and treasurer. (24) Sets forth procedures when notice of a resignation was received but timely notice was not provided. (25) Provides that any voter of a school corporation may challenge a candidate for election to the governing body of the school corporation if there is no candidate who is entitled to contest the election of the candidate. (26) Makes various technical changes in election law relating to: (a) ballots; (b) election administration; (c) voter registration; (d) candidates; (e) public questions; (f) polling places; (g) initialing ballots; (h) payment of expenses of the state recount commission; and (i) certification of public questions relating to certain school corporation tax levies. (27) Updates and corrects dates and other references in election law. (28) Repeals several obsolete provisions relating to: (a) preservation of certain documents; (b) election administration; and (c) establishment of a single county executive. Makes technical and conforming changes.
Sponsor: Erin Houchin
Various education matters. Provides that a school corporation or charter school may not charge a fee for the first five hours required to search for a record that is in an electronic format. Provides, with an exception, that a school corporation or charter school may charge a search fee for any time spent searching for a record that is in an electronic format that exceeds five hours. Makes changes to the definition of "elementary school". Provides that each school corporation may encourage the development of a community service ethic among high school students in grades 9 through 12. (Current law provides that each school corporation may encourage the development of a community service ethic among high school students in grade 11 or 12.) Provides that the admission of a charter school or state accredited nonpublic school student to a technical education center will not result in the denial of a placement for a student enrolled in the school corporation. Beginning with the 2022-2023 cohort, expands the EARN Indiana program to include secondary school students. Provides that the department of education (department) shall make every reasonable attempt to provide the same voice-to-text, screen reader, or human reader accommodations to a particular student on every section of the statewide assessment program as provided as part of the student's: (1) individualized education program; (2) service plan; or (3) choice scholarship education plan. Provides that the state board of education (state board) shall provide a report the legislative council explaining in detail the extent that: (1) individualized education programs; (2) service plans developed; or (3) choice scholarship education plans were altered to align to the statewide assessment program. Provides that, on or before November 1, 2019, the state board shall review and submit a report to the legislative council summarizing how the 2019 statewide assessment program measures reading comprehension. Requires the commission for higher education to prepare a model notice of Free Application for Federal Student Aid (FAFSA). Requires each school corporation to distribute the FAFSA model notice. Provides that the state board shall establish the education dispute resolution working group (EDR working group). Provides that not later than January 1, 2021, the department shall ensure that all mediators, administrative law judges, hearing officers, and other appointees, employees, and contractors who mediate or adjudicate disputes involving educational entities through the department or state board are effectively trained to serve as both mediators and adjudicators. Requires the state board to develop alternative benchmarks, performance indicators, and accountability standards to be used in the assessment of schools that focus primarily on providing an academic program for students with developmental, intellectual, or behavioral challenges. (Current law requires the state board to develop alternative benchmarks, performance indicators, and accountability standards to be used in the assessment of schools that focus primarily on providing an academic program for students with developmental, intellectual, or behavioral challenges.) Provides that an advocate (other than an attorney) for an individual or entity who initiates a lawsuit or administrative proceeding against a public school or a nonpublic school is prohibited from representing the individual or entity without first disclosing in writing to the: (1) advocate's client; and (2) court, administrative law judge, or hearing officer; any conflict of interest the advocate has in representing the individual or entity. Removes the authority to use money appropriated for secured school safety grants for the provision of school based mental health services and social emotional wellness services to students in K-12 schools.
Sponsor: Robert Behning
Uniform Consumer Credit Code. Makes the following changes to the Uniform Consumer Credit Code (UCCC): (1) Amends the provisions authorizing specified additional charges for consumer loans to permit a lender to contract for and receive a transaction fee for a revolving loan account that may not exceed the greater of: (A) 2% of the amount of the transaction; or (B) $10. (Current law authorizes the lender to charge a transaction fee in the lesser of these two amounts.) (2) Replaces the authorized $5 delinquency charge (subject to indexing by the department of financial institutions) for consumer credit sales and consumer loans with a nonindexed delinquency charge of: (A) $5, if installments are due every 14 days or less; (B) $25, if installments are due every 15 days or more; or (C) $25, in the case of a single installment due at least 30 days after the sale or loan is made. (3) Specifies that a creditor may not charge or collect a delinquency charge on a payment that: (A) is paid within 10 days after its scheduled due date; and (B) is otherwise a full payment of the payment due for the applicable installment period; if the only delinquency with respect to a consumer credit sale or a consumer loan is attributable to a delinquency charge for an earlier installment. Specifies that an initial pleading related to a debt collection action filed by a debt buyer must include certain information. Makes a violation a deceptive act. Urges the legislative council to assign to an interim study committee, for study during the 2019 interim, the topic of revisions to the UCCC. Sets forth issues for consideration by an interim study committee assigned this topic.
Sponsor: Charles Burton
Rights of police officers. Adds provisions establishing minimum due process and personnel rights of a full-time, paid, nonprobationary member of a police department (member) who is the subject of: (1) an internal investigation; or (2) an investigation of a complaint. Adds provisions regarding a member's (1) political activity; and (2) disclosure of property and assets.
Sponsor: Jack Sandlin
Towing services. Amends the statute concerning the release of an abandoned motor vehicle that has been towed to a storage yard or towing facility as follows: (1) Provides that a towing service or storage yard may charge an inspection fee for inspections or retrievals from a vehicle. (2) Requires a towing service or storage yard to: (A) provide an itemized receipt upon payment; and (B) meet certain requirements as to: (i) hours of operation; and (ii) receiving and returning telephone calls. Provides that not later than three business days after towing a vehicle a towing company or storage facility must comply with certain statutes relating to abandoned vehicles for giving notice. Requires a towing company to charge reasonable fees. Requires a towing company to provide the owner or operator of a motor vehicle that is about to be towed a written and itemized estimate of all charges and services to be performed by the towing company. Requires a towing company to document and itemize certain fees related to a tow and certain towing services. Specifies certain record keeping requirements for itemized estimates issued by a towing company. Creates a new article in the Indiana Code to establish certain requirements for towing companies that engage in, or offer to engage in, the business of providing towing service in Indiana, including provisions concerning the following: (1) Emergency towing. (2) Private property towing. (3) Releasing towed motor vehicles. (4) Prohibited acts by towing companies and storage facilities. Provides that a person who violates these new provisions commits a deceptive act that is: (1) actionable under; and (2) subject to the penalties and remedies set forth in; the statute governing deceptive consumer sales. Provides that the attorney general: (1) shall receive, and may investigate, complaints alleging violations of the new provisions; and (2) after finding that a violation has occurred, may take appropriate action under the statute governing deceptive consumer sales. Authorizes the attorney general to adopt rules to implement the new provisions.
Sponsor: Matthew Lehman
Alcoholic matters and tobacco certificates. Amends for consistency provisions allowing a manufacturer that has two types of production facilities in one building to serve alcohol from a single bar. Specifies that a person with an interest in an artisan distiller's permit may have an interest in other manufacturer's permits. Allows a patron to carry wine into an art instruction studio. Requires the alcohol and tobacco commission (ATC) to post on its Internet web site quarterly reports of permittee noncompliance. Disqualifies persons having certain criminal convictions from receiving certain alcoholic beverage permits or being appointed to the ATC or local ATC board. Provides that expunged criminal convictions may not be considered in determining an individual's eligibility to: (1) receive certain alcoholic beverage permits; or (2) be appointed to the ATC or to a local ATC board. Allows a hotel, restaurant, caterer, and private club to allow a customer to run a tab for alcohol purchases. Allows a brewery or farm winery to sell their product to a supplemental caterer for an outdoor event held at the brewery or farm winery. Amends the definition of "entertainment complex" to apply to: (1) all municipalities and facilities that have permanent seating for at least 800 individuals; and (2) certain facilities with seating for 200 individuals located within a mile of the center of Indianapolis. Removes provisions restricting the permits issued for civic centers, auditoriums, marinas, stadiums, exhibition halls, convention centers, community centers, or social centers to political subdivisions of a certain population. Makes the following changes regarding permit ownership transfers: (1) Requires ATC review of an itemized purchase agreement. (2) Requires the ATC to maintain a public data base of information regarding private sales. Provides that a retailer's permit with carryout privileges that is exempt from gross retail requirements remains exempt if the permit is transferred to a new location. Provides that the money collected for various fees is distributed to the ATC's enforcement and administration fund. Provides the following regarding deposit of a permit in escrow: (1) A permit may be placed in escrow for an initial two year term. (2) Subject to the ATC's approval, the permit holder may receive up to three 12 month extensions of the initial two year escrow period. Makes conforming amendments concerning permits currently escrowed. Repeals provisions regarding the following: (1) Malt manufacturer's permit. (2) Malt wholesaler's permit. (3) Malt dealer's permit. (4) Malt excise tax. (5) Seasonal resort hotel permit. Allows the ATC to issue retailer's permits for: (1) a three-way retailer's permit (a master food hall permit) for a food hall containing multiple food and beverage vendors for an initial fee of $50,000; and (2) a one-, two-, or three-way permit (food hall vendor's permit) for a person that has vendor food and beverage space within a food hall for an initial fee of $2,500 or $5,000. Provides that for a vending space that is more than 2,000 square feet, a one-way, two-way, or three-way permit must be purchased subject to availability under the quota. Allows the holder of a food hall vendor's permit to have an interest in a farm winery, artisan distiller, or brewer's permit. Provides requirements for an outdoor beer garden. Regulates the sale of alcohol on jumbo boats. Provides that an application for renewal of a permit may be filed not later than six months (instead of one year) after the permit expires. Provides that an alcoholic beverage retailer's permit may be issued for proposed premises located at least 85 feet from a church if the church is separated from the retailer by a road having a width of 30 feet. Allows a supplemental caterer operating at certain collegiate stadiums to purchase alcoholic beverages and have the alcoholic beverages stored in areas approved by the ATC to be later served at the stadium. Adds a county that owns a marina to the units that may receive an alcoholic beverage permit for the marina. Provides that a holder of a permit for the state fair grounds that is a small brewery, farm winery, or artisan distillery, may, at the discretion of the state fair commission, sell alcoholic beverages produced by the permit holder for carryout at a trade show or exposition but not during the state fair. Specifies that if a small brewery, farm winery, or artisan distillery: (1) has two production facilities in one building and serves both types of products from a single bar; and (2) the law applicable to one of the permits regarding the presence of minors in the bar area is more prohibitive or restrictive than the law applicable to the other permit, the more prohibitive or restrictive law applies. Allows a brewery to can and carbonate liquor for a distillery in the same county. Permits a farm winery or the holder of a vintner's permit to manufacture wine and place it in boxes or bulk containers. Allows liquor to be sold from a golf cart at a golf course under the club permit. Allows additional permits for a specified manufacturing complex that is part of a redevelopment project. Allows outdoor bars at civic centers and certain retailers with a gross business of at least $1 million in food. Allows the ATC to revoke or suspend tobacco certificates. Permits an alcohol manufacturer, wholesaler, or retailer to provide free or discounted rides to a consumer for the purpose of furthering public safety. Specifies that the provision of a free or discounted ride may not be conditioned on the purchase of an alcoholic beverage.
Sponsor: Ben Smaltz
Kankakee River basin and Yellow River basin development. Abolishes the Kankakee River basin commission and repeals its statute. Establishes the Kankakee River basin and Yellow River basin development commission (commission) as a public body corporate and politic. Authorizes the commission to participate in the flood control program operated by the Indiana finance authority. Requires certain state agencies to assist each other in simplifying the permitting process with respect to the flood control activities of the commission. Provides that there is imposed in each calendar year beginning after December 31, 2020, an annual special assessment against each taxable parcel of real property that is located within any part of the basin within an Indiana county. Requires the default special assessments to be paid to be paid to the commission. Specifies the amount of the default special assessment by parcel category and the commission's permissible uses of the special assessments. Provides that a county fiscal body may adopt a resolution opting to implement one of the following methods of supporting the commission instead of collecting the default special assessments: (1) Paying direct support to the commission in lieu of the default special assessments. (2) Supplementing reduced special assessments with direct support payments. (3) Imposing special assessments that exceed the amount that could be raised through the default special assessments. Provides that direct support must equal at least 90% of the amount that could be raised through the default special assessments. Specifies the amounts that a county may retain in calendar years beginning after December 31, 2022, from special assessments imposed instead of the default special assessments. Establishes an advisory committee to the commission. Requires the commission to coordinate its flood control activities with other public agencies to ensure that undeveloped public land is used for providing flood storage to the greatest extent feasible before other lands are used. Authorizes an Indiana business preference if certain conditions are met. Establishes an Indiana employment goal with respect to contracts for public works awarded by the commission.
Sponsor: Doug Gutwein
Short term insurance plans. Specifies certain coverage and disclosures that must be provided with respect to a short term insurance plan, including renewal, without underwriting, for the greater of 36 months or the maximum period permitted under federal law, a term of not more than 364 days, and an annual limit of at least $2,000,000. Specifies requirements for preferred provider organizations used with short term insurance plans. Makes conforming amendments.
Sponsor: Martin Carbaugh
Business personal property tax exemption. Provides that not later than 30 days prior to the filing date, the appropriate assessor shall provide notification to each person whose personal property is subject to assessment. Increases, from $20,000 to $40,000, the acquisition cost threshold for the business personal property tax exemption. Specifies that a taxpayer who is eligible for a personal property tax exemption must include on the taxpayer's personal property tax return: (1) information concerning whether the taxpayer's business personal property within the county is in one location or multiple locations; and (2) an address for the location of the property. Provides that the appropriate county officer designated by the county executive (rather than the assessor, under current law) is responsible for: (1) maintaining data files of the geographic information system characteristics of each parcel in the county as of each assessment date; and (2) submitting those files to the geographic information office of the office of technology. Repeals provisions in current law that allow a county council to impose a local service fee on each person that has exempt business personal property because the business personal property does not exceed the acquisition threshold. Removes outdated provisions.
Sponsor: Aaron Freeman
Alcohol matters. For purposes of the law regarding farm wineries, specifies that: (1) "bottle" means a standard wine container that meets the design, fill, and headspace requirements under federal law; and (2) "bulk", with regard to bulk wine purchases and sales, means a container of more than 60 liters. Allows a farm winery permit holder or an artisan distiller's permit holder to: (1) be the proprietor of a restaurant; (2) transfer wine or liquor from the farm winery or artisan distillery to the restaurant; (3) have a window between the farm winery or artisan distillery and the restaurant; and (4) have a doorway or other opening between the farm winery or artisan distillery and the restaurant. Provides that the restaurant of a microbrewery, farm winery, or artisan distillery is not required to sell the minimum amount of food required to provide separation between the bar area and the family room by means of a structure or barrier (instead of providing separation by a nontransparent wall). Provides that a minor may be on the premises of a farm winery under certain circumstances. Allows the holder of a retailer's (restaurant) permit to have an interest in an artisan distiller's permit and a farm winery permit. Allows distillers and rectifiers to have an interest in a beer permit. Repeals the crime prohibiting artisan distillers, distillers, and rectifiers from owning stock of a corporation that holds a retailer's permit.
Sponsor: Ronald Grooms
Various education matters. Amends requirements to be eligible for a career specialist permit. Establishes requirements to be eligible for a workplace specialist license. (The current requirements to be eligible for a workplace specialist license are in rules adopted by the state board of education.) Requires the department of education to enter into the National Association of State Directors of Teacher Education and Certification (NASDTEC) Interstate Agreement. Requires the commission for higher education to establish a dual credit advisory council (council) to review and update, as needed, the requirements under HEA 1370-2016 (P.L.175-2016) concerning ensuring that a teacher who currently teaches a high school dual credit course on behalf of or under an agreement with a state educational institution can, by July 1, 2022, meet accreditation requirements established by the state educational institution's regional accrediting agency or an association recognized by the United States Department of Education. Requires, not later than November 1, 2019, the council to submit a report to the legislative council concerning the council's findings and recommendations. Removes, for purposes of obtaining an initial practitioner teaching license, the requirement that an individual must pass a written examination in basic reading, writing, and mathematics (CASA examination). Provides that the state board of education may create a method or model to align currently used performance evaluation plan factors with certain indicators.
Sponsor: Andy Zay
Judicial evaluation of dangerous individuals and firearms. Provides that a judicial finding of dangerousness may be used to initiate temporary commitment proceedings. Provides that a dangerous person is not a proper person for the purpose of: (1) applying for; or (2) receiving; a license to carry a handgun. Provides that a dangerous person who knowingly or intentionally: (1) rents; (2) purchases; (3) receives transfer of; (4) owns; or (5) possesses; a firearm commits dangerous possession of a firearm, a Class A misdemeanor. Provides that a person who knowingly or intentionally: (1) rents; (2) transfers; (3) sells; or (4) offers for sale; a firearm to a person that a court has found to be dangerous or prohibited from owning or possessing a firearm commits dangerous transfer of a firearm, a Level 5 felony. Requires a law enforcement officer (officer) who seizes a firearm from a person believed to be dangerous without a warrant to provide an affidavit to a court with jurisdiction over the person at issue: (1) not later than 48 hours after the seizure or attempted seizure of the firearm; and (2) for each seizure or attempted seizure of a firearm from the person. Requires a court to order the retention of a seized firearm by a law enforcement agency if the court: (1) finds; or (2) has previously found; the person to be dangerous. Requires a court to determine if a person is dangerous by conducting a hearing. Provides that if a court finds that an individual is not dangerous or no longer dangerous, the court shall order the law enforcement agency having custody of the firearm confiscated, recovered, or seized from the individual to return the firearm to the individual as quickly as practicable, but not later than five days after the court's order. Provides that a dangerous person may petition a court for a court order vacating the person's designation as a dangerous individual 180 days after being found dangerous by a circuit or superior court. Defines "responsible third party". Requires a responsible third party to: (1) safely and responsibly care for and store a firearm that is entrusted to the third party; and (2) prevent dangerous persons from accessing any firearm entrusted to the third party. Makes conforming amendments.
Sponsor: Donna Schaibley
Education matters. Provides that if: (1) a school employee files a complaint that alleges that an exclusive representative or school employer has engaged in certain unfair practices; and (2) the Indiana education employment relations board determines that the exclusive representative or school employer engaged in the unfair practice; the board may assess a civil penalty of at least $500 but not more than $5,000 for each violation. Provides that, before a school employer and school employees may privately negotiate during the time period for formal collective bargaining, the parties must hold at least one public hearing and take public testimony. Requires the school employer to conduct a public meeting to discuss a tentative collective bargaining agreement at least 72 hours before it is ratified. Provides that notice of a public meeting and a tentative collective bargaining agreement must be posted on the school employer's Internet web site at least 72 hours before the public meeting. Provides that a school employer must allow for public comment at the meeting at which a tentative collective bargaining agreement is ratified.
Sponsor: Erin Houchin
Dealer services. Provides that a broker is not defined as a lead generation or other marketing service except in certain instances. Defines "dealer owner" for a business entity. Moves certain provisions providing temporary license plates and dealer plates to the dealer services law. Removes the requirement that a person must be licensed by the secretary of state before the person may possess for more than 30 days more than two inoperable motor vehicles. Provides that an automotive salvage recycler must be licensed by the secretary of state before the automotive salvage recycler may do certain activities. Requires that an automotive salvage recycler must report a purchase of a motor vehicle to the National Motor Vehicle Title Information System within 72 hours. (Current law requires 30 days.) Requires an automotive salvage recycler to allow the secretary of state, a police officer, or an agent of the secretary of state to inspect a certificate of authority. Changes the composition of the motor vehicle sales advisory board (board). Allows the board members to be reappointed. Requires that a zoning affidavit or statement be signed not more than 90 days before the affidavit or statement is submitted to the secretary of state as part of an application for various permits and licenses. Requires a dealer to submit an application for approval of a change to a dealer manager. Removes the provision providing for a manufacturer or distributor to recover costs under a uniform warranty reimbursement policy in certain instances. Requires a copy of a contract between a manufacturer or distributor and a franchisee be provided to the secretary of state. (Current law requires that the copy be submitted to the bureau of motor vehicles.) Makes conforming changes. Makes technical changes.
Sponsor: Holli Sullivan
Referendum for school safety levy. Allows a school corporation to adopt a resolution to place a referendum on the ballot to impose a school safety referendum tax levy to improve school safety. Allows a school corporation to impose a school safety referendum tax levy if approved by a majority of the voters. Requires a school corporation to certify a copy of: (1) the resolution to place a referendum for a school safety referendum tax levy on the ballot; and (2) the language for the question; to the department of local government finance (department) for review and approval. Provides that voters may not approve a school safety referendum tax levy that is imposed for more than 8 years. Provides that a school safety referendum tax levy may be reimposed or extended. Requires a county auditor to distribute proceeds attributable to property taxes imposed after being approved by the voters in a referendum to the school corporation. Specifies when a referendum is to be held. Requires the circuit court clerk of each county to certify the results of the referendum for a school safety referendum tax levy to the department. Provides that if a school safety referendum tax levy is approved by the voters in a school corporation in a calendar year, another school safety referendum levy question may not be placed on the ballot in the school corporation in the following calendar year. Provides that if a school corporation imposes a school safety referendum tax levy approved in a referendum, the school corporation may not simultaneously impose more than one additional school safety referendum tax levy approved in a subsequent referendum. Provides that during the period beginning with the adoption of a resolution by a school corporation to place a school safety referendum tax levy question on the ballot and continuing through the day on which the referendum is submitted to the voters, the school corporation may not promote a position on the referendum by taking certain actions. Provides that a school board member, school corporation superintendent, school corporation assistant superintendent, or chief school business official of a school corporation may discuss and personally advocate a position on a referendum for a school safety referendum tax levy outside a regular school day as long as public funds are not used. Requires the governing body of a school corporation for which a school safety referendum tax levy is approved to establish a school safety referendum tax levy fund (fund). Specifies purposes for which money from the fund may be used. Requires the governing body of a school corporation for which a school safety referendum tax levy is approved to establish a school safety referendum debt service fund. Specifies purposes for which money from the school safety referendum debt service fund may be used. Provides that if a school safety referendum tax levy has been approved by the voters in a school corporation at any time in the previous three years, the school corporation may not adopt a resolution to place a school referendum tax levy on the ballot. Requires a school corporation to include in a controlled project any capital improvements necessary to complete components of the most recent threat assessment of the buildings within the school corporation or school safety plan that have not been completed or that require additional funding to be completed. Expands the use of a matching grant from the Indiana secured school fund by a school corporation or charter school (school) to allow the school to use the matching grant to provide a response to a threat in a manner that the school sees fit, including the use of firearms training or other self-defense training. Requires that a school resource officer participate in the development of programs designed to identify, assess, and provide assistance to troubled youth.
Sponsor: Travis Holdman
Expungements. Defines "collateral action" as an action that is factually or legally related to an arrest, a criminal charge, a delinquency allegation, a criminal conviction, or a delinquency adjudication. Specifies that certain information relating to: (1) an arrest; and (2) a collateral action is required to be sealed or marked expunged if a petition for expungement is granted. Specifies that an amendment affecting the information required to be expunged, marked as expunged, or otherwise sealed or restricted does not apply to an expungement order granted before the effective date of the amendment. Sets forth a procedure for a person to file a petition for a supplemental order of expungement. Provides that a person convicted of a felony that resulted in death to another person may not seek expungement of that felony. Strikes and relocates a provision relating to certain nonpublic records maintained by a law enforcement agency, and specifies that this provision also applies to records maintained by a public defender agency. Establishes a method for a person to expunge a protection order if the petition for a protection order is dismissed or denied. Requires an IDACS coordinator to remove the name of a respondent from the Indiana protective order registry when the IDACS coordinator receives notice from the county clerk that the protective order against the respondent has been dismissed.
Sponsor: Aaron Freeman
Taxation of data centers. Provides that a county or municipal fiscal body may designate an area in which a property tax exemption will be provided for certain enterprise information technology equipment. Provides a state sales and use tax exemption (exemption) for the purchase of certain data center equipment that is located in a data center that results in a minimum qualified investment within five years, ranging from at least $25,000,000 to more than $150,000,000 depending on the population of the county in which the data center is located. Provides that costs that meet the requirement are exempt from the state gross retail tax. Requires a qualified data center user to apply to the Indiana economic development corporation (IEDC) for a specific transaction award certificate (award certificate). Requires a qualified data center user to enter into an agreement with the IEDC as a condition of receiving an award certificate.
Sponsor: Edmond Soliday
Opioid treatment pilot program. Extends the opioid treatment pilot program until 2022. (Under current law the pilot program will expire in 2020.)
Sponsor: Jeff Raatz
Information concerning threats to school safety. Permits a law enforcement agency or private university police department to share private investigatory records with a school corporation, charter school, or nonpublic school for the purpose of enhancing the safety of a student or school facility, without losing the discretion to keep the records confidential from other records requesters. Provides that a school corporation or other entity to which the education records privacy provisions of the federal Family Educational Rights and Privacy Act apply may disclose or report on the education records of a child, including personally identifiable information contained in the education records, without the consent of the child's parent to appropriate officials in cases of health and safety emergencies as determined by school officials. Provides immunity from civil liability concerning the disclosure or report of education records of a student. Provides that in the case of a health or safety emergency, a law enforcement officer shall disclose or report a child's personally identifiable information contained in law enforcement records to a school corporation or an appropriate official. Provides that information concerning any suspicious activity or potential criminal activity related to a child that is shared between a law enforcement officer and a school corporation or an appropriate official shall not be stored or maintained in any type of data base.
Sponsor: Anthony Cook
Indiana bond bank. Allows the Indiana bond bank to require certain entities to establish separate reserve accounts as additional security in connection with the issuance of bonds or notes. Allows and establishes terms and procedures for certain entities to assign or otherwise transfer a future stream of revenue to the Indiana bond bank or certain other entities to obtain funding. Establishes conditions under which the state board of finance may sell, transfer, or liquidate agreements that evidence the state's right to make deductions from state tuition support to pay advances from the common school fund under the school corporation and charter school safety advance program. Provides that the state board of education must report to the budget committee each year on any defaults on the repayment of advances from the common school fund by charter schools that have closed or otherwise ceased operations. Requires the department of local government finance to notify the Lake County auditor of the estimated and certified tax revenue that will be withheld from revenue allocated for economic development purposes for certain civil taxing units and distributed to the secretary-treasurer of the northwest Indiana regional development authority (authority). Requires the auditor of state to withhold local income tax revenue from the revenue allocated for economic development purposes for certain civil taxing units in Lake County and distribute it to the secretary-treasurer of the authority. Provides for distribution of certain amounts collected by the authority if a full funding grant agreement is not entered into for the West Lake corridor project.
Sponsor: Gregory Steuerwald
Education finance. Replaces references to pre-2019 school funds with references to conform to the education funding and accounting changes made by HEA 1009-2017 and HEA 1167-2018. Extends (through 2023) the ability in current law for a school corporation to allocate circuit breaker credits proportionately (without taking protected taxes into account) under certain circumstances. Provides that credits attributable to new debt incurred by the school corporation after June 30, 2019, shall not be included in determining the school corporation's eligibility to allocate circuit breaker credits proportionately. Provides that the amount of credits that the school corporation may allocate proportionately is determined based on a calculation of the percentage amount of credits granted against the school corporation's levy for its operations fund compared to the school corporation's levy for its operations fund. Provides for the calculation of the growth in the maximum levy for a school corporation's operation fund to be based on an assessed value growth quotient (AVGQ) using the average annual growth in net assessed value over the most recent three year period. Provides for a ceiling of 4% plus the statewide AVGQ and a floor of the statewide AVGQ. Removes a requirement concerning an estimate of: (1) the source of all revenue to be dedicated to a school corporation's proposed capital expenditures in the upcoming calendar year; and (2) the amount of property taxes to be collected in the upcoming calendar year and retained in the fund for capital expenditures proposed for a later year; from the format of a school corporation's capital expenditures plan. Provides for an adjustment to the Evansville Vanderburgh School Corporation operations fund levy for 2020 to fund a historical society supporting Bosse Field (The 2019 operations fund levy did not recognize the historical society fund levy that was imposed in 2018). Makes technical corrections. Requires a school corporation to submit to the department of local government finance's computer gateway the school corporation's: (1) capital projects expenditure plan; and (2) school bus replacement plan.
Sponsor: Jeffrey Thompson
Sediment and erosion control in construction. Provides that a review authority (an MS4 community or a soil and water conservation district) to which a construction plan is submitted must make a preliminary determination whether the construction plan is substantially complete: (1) before the end of the tenth working day after the day on which the construction plan is submitted in the case of a small construction activity site (one at which construction results in land disturbance of at least one but less than five acres) or very small construction activity site (one at which construction results in land disturbance of less than one acre); or (2) before the end of the fourteenth working day after the day on which the construction plan is submitted in the case of a large construction activity site (one at which construction activities result in land disturbance of at least five acres). Provides that if a review authority to which a construction plan is submitted does not notify the project site owner before the end of the tenth or fourteenth working day (whichever applies) of its preliminary determination whether the construction plan is substantially complete, the project site owner may submit a notice of intent letter and, 48 hours later, may begin the construction project. Provides that an MS4 community may require erosion and sediment control measures at a very small construction activity site but that the control measures may not be more stringent than the control measures required at a small construction activity site by administrative rules or the general permit that will be issued by the department of environmental management (IDEM).Establishes minimum qualifications for an individual who begins employment after July 1, 2019, reviewing and making conclusive determinations concerning construction plans submitted to an MS4 community. Provides that if an MS4 community has made a conclusive favorable determination concerning a construction plan and work on the construction project has begun, the MS4 community may not order work on the construction project to stop on the grounds that the erosion and sediment control measures are not adequate unless the project site owner is notified in writing of the inadequacies and the inadequacies are not resolved within 72 hours. Provides that the general permit that will be issued by the department of environmental management to establish erosion and sediment control requirements for construction sites, to the extent allowed under federal law, must recognize and be consistent with these provisions.
Sponsor: Doug Miller
Individualized mental health safety plans. Requires the division of mental health and addiction to establish a standard format for individualized mental health safety plans. Requires psychiatric crisis centers, psychiatric inpatient units, and psychiatric residential treatment providers to: (1) collaboratively develop a mental health safety plan with each patient; (2) explain the benefits of coordinating care and sharing mental health safety plans with mental health providers in the community that can help with the patient's safe transition back into the community; and (3) make a good faith effort before a patient leaves a facility at which the patient is receiving care to obtain the patient's consent to disclose the patient's individualized mental health safety plan with mental health providers, integrated school based mental health providers, and mental health community paramedicine programs that will be supporting the patient's safe transition back into the community and, if applicable, school. Provides that if a licensed mental health professional or paramedic determines that a patient may be a harm to himself or herself or others, the mental health professional or paramedic may request a patient's individualized safety plan. Provides that each psychiatric crisis center, psychiatric inpatient unit, and psychiatric residential treatment provider shall, upon request and without the consent of the patient, share a patient's individualized mental safety to a mental health professional or paramedic who demonstrate proof of licensure and commit to protecting the information in compliance with privacy laws. Provides that a psychiatric crisis center, psychiatric inpatient unit, or psychiatric residential treatment provider that discloses an individualized mental health safety plan to certain licensed providers in good faith is immune from civil and criminal liability.
Sponsor: Michael Crider
Code revision corrections. Addresses problems in the Indiana Code not suitable for resolution in the annual Technical Corrections bill, including corresponding amendment to certain percentages and overly broad or ambiguous language. Resolves technical conflicts between various enrolled acts passed during the 2019 legislative session. Corrects technical errors in various enrolled acts passed during the 2019 legislative session.
Sponsor: Michael Young
Workforce diploma reimbursement program. Provides that the governor's workforce cabinet (cabinet), in coordination with the department of workforce development (department), shall administer the program. Provides that the purpose of the fund is to provide payments to eligible program providers that assist adults who are more than 22 years of age in: (1) developing employability and career technical skills; and (2) obtaining high school diplomas. Provides that: (1) the cabinet shall approve eligible program providers to participate in the program; and (2) the department shall publish a list of approved eligible program providers and other information concerning the program on the department's Internet web site. Requires the cabinet to include in the report the cabinet submits concerning workforce related programs the cabinet's review, analysis, and evaluation of the program, including the cabinet's and department's activities related to the development of the program.
Sponsor: Jeff Raatz
Parental incarceration. Provides that a child in need of services (CHINS) case plan must include a description and discussion of: (1) the services and treatment available to an incarcerated parent at the facility at which the parent is incarcerated; and (2) how the parent and child may be afforded visitation opportunities, unless visitation with the parent is not in the best interests of the child. Requires a CHINS dispositional decree to provide a reasonable opportunity for a parent of the child who: (1) is incarcerated; and (2) has maintained a meaningful role in the child's life; to maintain a relationship with the child, subject to the safety of the community and best interests of the child. Provides that a motion to dismiss a petition to terminate a parent-child relationship (TPR) may be filed if: (1) the parent is incarcerated or the parent's prior incarceration is a significant factor in the child having been under the supervision of the department of child services (DCS) or a county probation department for at least 15 of the most recent 22 months; (2) the parent maintains a meaningful role in the child's life; (3) DCS has not documented a reason to conclude that it would otherwise be in the child's best interests to terminate the parent-child relationship; and (4) the parent is not incarcerated due to conviction for certain crimes. Provides that in determining whether to grant the motion to dismiss the TPR, the court may consider the length of time remaining in the incarcerated parent's sentence and any other factor the court considers relevant.
Sponsor: Karlee Macer
Commitment of Level 6 offenders to DOC. Provides that a court may commit a person convicted of a Level 6 felony to the department of correction (DOC) if: (1) the person is a violent offender; or (2) the person has two prior unrelated felony convictions.
Sponsor: Gregory Steuerwald
Interim study committee. Urges the legislative council to assign the topic of municipal annexation to the appropriate interim study committee during the 2019 interim.
Sponsor: Philip Boots
Department of child services matters. Defines "child", for purposes of provisions regarding the filing of a petition to terminate a parent-child relationship involving a delinquent child or a child in need of services, as an individual who is: (1) less than 18 years of age; and (2) a delinquent child or a child in need of services. Provides that a criminal history check for certain family law and juvenile law provisions includes a check of local criminal records (rather than local law enforcement records under current law). Amends the list of offenses that disqualify an individual from acting as an adoptive parent or accepting placement of a child ("nonwaivable offenses") to: (1) add additional nonwaivable offenses; and (2) provide for additional offenses that are nonwaivable only if the conviction for the offense occurred within the past five years. Changes the threshold amount of child support payments that must be collected by a Title IV-D agency to require that the agency collect a fee. Requires a criminal history check to be conducted for an employee, volunteer, or contractor of an applicant for various licenses, regardless of whether the individual has direct contact with children. Provides for denial or revocation of various licenses for employees, volunteers, or contractors, regardless of whether the individual has direct contact with children. Requires that a child in need of services or a delinquent child be provided with a foster care verification form when the child leaves foster care or has been in foster care for at least six months. Adds department of child services employees to the list of individuals who may request that a county, municipality, or township restrict access to the individual's home address on a public property data base operated by the county, municipality, or township.
Sponsor: David Frizzell
Sex offender employment and residence. Allows a court to prohibit, as a condition of probation, a sexually violent predator or an offender against children from having: (1) unsupervised contact; or (2) contact; with a child less than 16 years of age. Requires that as a condition of probation, a court shall inform an offender against children of the restrictions on an offender against children residing near: (1) school property; (2) a youth program center; (3) a public park; or (4) the residence of the victim of the offender's sex offense. Prohibits a sexually violent predator or an offender against children from working: (1) as or for a child care provider; (2) as a provider of respite care services and other support services for primary or family caregivers; or (3) as a provider of adult day care services. Prohibits an offender against children from residing in a residence where a person provides child care services, or within 1,000 feet of a licensed day care center.
Sponsor: Frank Mrvan
Human services matters. Requires that the office of the secretary of family and social services prepare and submit a report that: (1) identifies certain administrative and reporting requirements that are unnecessary or overly burdensome; and (2) makes recommendations. Establishes distribution parameters for certain money appropriated to the first steps program. Provides that a managed care organization may not require a licensed psychiatrist to be certified by the American Board of Psychiatry and Neurology for purposes of credentialing or contracting with the psychiatrist while the psychiatrist is practicing at a community mental health center. Requires the executive board of the state department of health to amend rules to reflect current private publications used in hospital licensure rules. Requires a home health agency to randomly test: (1) at least 50% of certain home health agency's employees; and (2) employees suspected of illegal use of a controlled substance. (Current law does not require testing of both groups of employees.) Requires the behavioral health and human services licensing board to meet monthly. Allows the board of pharmacy to approve a remote or mobile location for a nonresident pharmacy that is registered with the board. Allows a pharmacy that holds a retail permit to offer drugs and devices to a long term care facility, a health facility, and a housing with services establishment. Provides that the term "wholesale distribution", for purposes of the wholesale legend drug distributor laws, does not include the sale or transfer of a drug by a charitable organization to: (1) a nonprofit affiliate of the organization; or (2) a nonprofit entity that is not affiliated with the organization; to the extent permitted by law. Provides that a program to accept unused medication by a business or other entity is not subject to regulation by a city, town, or county. Prohibits a city, town, or county from requiring a business or other entity to pay for or establish a program to accept unused medication. Adds gabapentin to the definition of "controlled substance" for purposes of the Indiana scheduled prescription electronic collection and tracking (INSPECT) program. Provides that the rules of the INSPECT program that were adopted before its repeal are considered to be adopted under the new INSPECT law. Requires a health plan that denies prior authorization for certain prescription drugs to provide an alternative list of prescription drugs or alternative treatments covered by the health plan. Requires the board of veterinary medical examiners to study the regulation of veterinary technicians.
Sponsor: Cindy Kirchhofer
Health matters. Establishes distribution parameters for certain money appropriated to the first steps program. Permits the office of the secretary of family and social services to apply for a state plan amendment requiring Medicaid reimbursement for rehabilitation option services in a school setting. Requires implementation within one year of approval. Amends the definition of "employee" to remove exclusion of employees who are covered by an employee assistance program. Specifies that all the requirements for the employee assistance program must be met to be compliant. Requires the executive board of the state department of health to amend rules to reflect current private publications used in hospital licensure rules. Requires a home health agency to randomly test: (1) at least 50% of certain home health agency's employees; and (2) employees suspected of illegal use of a controlled substance. (Current law does not require testing of both groups of employees.) Allows the board of pharmacy to approve a remote or mobile location for a nonresident pharmacy that is registered with the board. Allows a pharmacy that holds a retail permit to offer drugs and devices to a long term care facility, a health facility, and a housing with services establishment. Requires a pharmacy to transfer, upon the request of a patient, certain prescriptions for the patient that the pharmacy has received but not filled to another pharmacy. Provides that, beginning January 1, 2020, a pharmacy may not dispense injectable epinephrine or glucagon that has an expiration date of less than 12 months from the date that the pharmacy dispenses the injectable epinephrine or glucagon to a person unless the person consents to the expiration date being less than 12 months. Provides that an automated dispensing system that meets certain requirements may be operated in a location other than through a registered remote dispensing facility. Allows a qualifying pharmacist who is absent to have a designee in the pharmacist's place at a remote dispensing facility. Allows the board of pharmacy to establish continuing education rules for pharmacy technicians who are at a remote dispensing facility that is not staffed by a pharmacist. Provides that auditory communication must be available, as needed, with the remote dispensing facility and the qualifying pharmacist. Requires the board to adopt emergency rules concerning automated dispensing systems. Provides that the term "wholesale distribution", for purposes of the wholesale legend drug distributor laws, does not include the sale or transfer of a drug by a charitable organization to: (1) a nonprofit affiliate of the organization; or (2) a nonprofit entity that is not affiliated with the organization; to the extent permitted by law. Provides that a program to accept unused medication by a business or other entity is not subject to regulation by a city, town, or county. Prohibits a city, town, or county from requiring a business or other entity to pay for or establish a program to accept unused medication. Adds gabapentin to the definition of "controlled substance" for purposes of the Indiana scheduled prescription electronic collection and tracking (INSPECT) program. Provides that the rules of INSPECT that were adopted before its repeal are considered to be adopted under the new INSPECT law. Requires a health plan that denies prior authorization for certain prescription drugs to provide an alternative list of prescription drugs or alternative treatments covered by the health plan. Requires the board of veterinary medical examiners to study the regulation of veterinary technicians.
Sponsor: Steven Davisson
School corporations. Provides that before September 15 of any year, a governing body may pass a one year resolution indicating that a portion or percentage of money transferred from the operations fund to the education fund may be considered education fund revenue for purposes of determining whether a teacher collective bargaining agreement would place the employer in a position of deficit financing. Makes a technical amendment. Provides that a school corporation shall submit a copy of the resolution to the department of local government finance on or before November 1. Provides that the resolution shall include: (1) all transfers between the operations fund and the education fund; and (2) a statement regarding whether or not the transfer is for the purpose of funding teacher contracts.
Sponsor: Anthony Cook
Annexation. Provides that property added to a fire protection district (district) is considered part of the district as of the date that the district was originally established. Provides that provisions of the existing law regarding the following apply to districts established after July 1, 1987 (instead of after June 14, 1987): (1) The effective date of an annexation of property within a district and the date that an annexed area ceases to be a part of the district. (2) A municipality's liability for indebtedness of a district that is annexed. Provides that if property is annexed within a fire district (including a district established after July 1, 1987) that has a total net assessed value of more than $1,000,000,000 on the date the annexation ordinance is adopted, the annexed property: (1) remains a part of the district after the annexation; (2) continues to receive its fire protection services from the district; and (3) shall not be taxed by the municipality for fire protection services. Provides that a special fire fund shall be created for all fire protection services provided by the municipality to property within the boundaries of the municipality that is not within the district.
Sponsor: James Buck
Probate matters. Repeals the probate study subcommittee. Creates the probate code study commission. Allows a person to contest two or more wills if there is prima facie evidence that: (1) the decedent suffered from an irreversible medical or psychiatric condition that predated the earliest will to be challenged; or (2) a party beneficially interested in one or more of the challenged wills had a direct and active nexus with the preparation or execution process for each will to be challenged. Specifies that the issuance of a court order on any matter related to an unsupervised estate does not revoke the personal representative's authority to continue the administration of the estate as an unsupervised estate. Adds definitions for the terms: (1) "petition for administration"; and (2) "unit address". Provides a process for filing a notice of administration. Removes certain reporting requirements regarding small estate administration to the estate recovery unit of the office of Medicaid policy and planning. Recognizes the small estate threshold of $25,000 for the estate of an individual who dies before July 1, 2007. Authorizes the Indiana supreme court and office of judicial administration to establish and administer a statewide electronic estate planning documents registry (registry). Allows certain individuals to deposit the following items into the registry: (1) An electronic will. (2) An electronic trust instrument. (3) An electronic power of attorney. (4) Any electronic document that revokes or amends an electronic will, electronic trust instrument, or electronic power of attorney. Requires the administrator of the registry to catalog submitted items according to the following: (1) The name of the testator, settlor, or principal. (2) The county of residence for the testator, settlor, or principal. (3) The date of execution for an electronic estate planning document. (4) The date of submission to or deposit with the registry of information pertaining to an electronic estate planning document. (5) The name of any attorney responsible for the preparation or execution of an electronic estate planning document. Requires the registry administrator to make the registry index: (1) available to; and (2) searchable by; the public. Requires the registry administrator to keep the substantive content of electronic documents submitted to or deposited with the registry private, secure, and inaccessible to the public. Requires the registry administrator to issue a certified report concerning the existence of certain items submitted to or deposited with the registry in certain instances. Requires the registry administrator to issue a certified transcript of certain documents submitted to or deposited with the registry in certain instances. Allows the registry administrator to charge fees in certain instances. Revises definitions for the following terms: (1) "Document integrity evidence". (2) "Tamper evident". Defines the term "specified adult" as a person who: (1) is not less than 65 years of age; or (2) is a person that: (A) is at least 18 years of age; and (B) has a mental or physical impairment that prohibits the person from protecting the person's interests. Allows certain individuals to act on behalf of a specified adult in certain instances involving the financial exploitation of the specified adult. Provides that if a transfer on death deed has been recorded before the death of the owner, a subsequent conveyance is void if it is not recorded before the death of the owner with the recorder of deeds in the county where the real property is situated. Establishes dates that determine when certain probate statutes apply. Requires a court to issue certain findings before exempting encumbered real property from certain restrictions concerning the sale of the real property. Allows the devolution of real estate title to be demonstrated by prima facie evidence. Specifies how devolution of real estate title may be demonstrated. Requires the estate recovery unit of the office of Medicaid policy and planning to provide notice of a claim against an estate in certain instances. Makes technical corrections.
Sponsor: Eric Koch
Natural resources matters. Provides that a person may reconstruct an earthen berm or levee located in a floodway: (1) if the person obtains a permit from the department of natural resources (DNR); or (2) if the earthen berm or levee is located in a rural area, if it was constructed before January 1, 1973, or after December 31, 1972, pursuant to a construction permit issued by the DNR, and if the plans and specifications for the reconstruction demonstrate to the satisfaction of the DNR that the reconstruction will meet certain requirements. Makes the violation of certain prohibitions or requirements concerning the reconstruction of an earthen berm or levee a Class B infraction. Establishes new requirements concerning freeholders' signatures on a petition to establish a conservancy district, providing: (1) that for a proposed district of not more than 5,000 freeholds, 30% of the freeholders must sign the petition; that for a proposed district of more than 5,000 but not more than 25,000 freeholds, 15%, but not less than 1,000, of the freeholders must sign the petition; and that for a proposed district of more than 25,000 freeholds, 10%, but not less than 3,000, of the freeholders must sign the petition; and (2) that the freeholders signing a petition to establish a conservancy district must own at least 51% of the assessed valuation of the real property located within the boundaries of the proposed conservancy district. Provides that these new requirements do not apply to the establishment of a conservancy district pursuant to a petition filed with a clerk of the circuit court before January 1, 2020.
Sponsor: David Wolkins
Department of child services. Specifies that all decisions made by the department of child services (department) in specified statutes shall be made in consideration of the best interests of the child. Provides that a petition for adoption of an adult is not required to include a report regarding the health status and medical history of the adoptee. States that a court shall determine that consent to adoption is not required from a parent if the parent is convicted of crimes in another state that are substantially similar to specified crimes. Requires the department to implement and make available telephone contacts for family case managers to provide access to assistance in finding suitable placement for a child. Allows the department to waive the limits on the number of children who may be placed in a single foster home under certain circumstances. Provides for a right to intervene in a: (1) child in need of services proceeding; or (2) termination of parent-child relationship proceeding; by a foster parent, long term foster parent, or person who has been a foster parent of the child, and sets forth hearing requirements on the petition to intervene. Allows a court to find that a child is not a child in need of services based on credible evidence presented by the child's parent, guardian, or custodian that the parent, guardian, or custodian: (1) is financially unable to supply the child with necessary food, clothing, or shelter; and (2) has not failed, refused, or demonstrated an inability to seek financial or other reasonable means to do so. Requires the department and the office of judicial administration (office) to prepare a form that may be used to provide written testimony by certain individuals and allows foster parents to provide written testimony in a format other than the form. Provides that a dispositional decree must require the department to continue exercising due diligence to identify all adult relatives and adult siblings of the child who may be considered as out-of-home placements for the child. Requires the department to include in a progress report prepared for a case review hearing or permanency hearing information concerning the department's continued effort to identify all adult relatives and adult siblings of the child who may be considered as out-of-home placements for the child. Provides that before a child who was: (1) placed in an out-of-home placement; and (2) moved from the out-of-home placement to an in-home placement; may be returned to an out-of-home placement, the court and the department shall make a reasonable attempt to place the child in the previous out-of-home placement. Provides that if: (1) a child has been removed from a parent and has been under the supervision of the department for 15 months of the most recent 22 months; and (2) a petition to terminate the child's parent-child relationship has not been filed; a foster parent, relative of the child, or de facto custodian with whom the child has been placed for at least six months may file a notice with the court. Provides that if the notice is filed with the court, the court shall schedule a hearing within 30 days. Requires the department and the office to jointly provide a report to the general assembly before July 1, 2020, that includes information concerning: (1) the office's progress in providing training and technical assistance to judicial officers regarding foster parents' statutory right to be heard by the court; and (2) the department's progress in improving opportunities for foster parents to provide oral and written testimony to a court.
Sponsor: Erin Houchin
Office based opioid treatment providers. Specifies requirements that a health care provider that prescribes for a patient in an office based opioid treatment setting must meet in the treatment of the patient. Requires the medical licensing board of Indiana, in consultation with the state department of health and the office of the secretary of family and social services, to adopt rules or protocols concerning office based opioid treatment providers and: (1) treatment agreements; (2) periodic scheduled patient visits; (3) urine toxicology screenings; (4) HIV, hepatitis B, and hepatitis C testing; and (5) the medical record documentation required for the prescribing of buprenorphine over a specified dosage.
Sponsor: Erin Houchin
Academic credits for religious instruction. Provides that a public secondary school student may receive not more than two elective academic credits for released time religious instruction classes if certain conditions are met.
Sponsor: Dennis Kruse
Curriculum matters. Provides that a school corporation that is a member of the coalition of continuous improvement school districts may replace high school courses on the high school transcript with courses on the same subject matter with equal or greater rigor to the required high school course and may count such a course as satisfying the equivalent diploma requirements established by IC 20 and any applicable state board of education administrative rules or requirements.
Sponsor: Robert Behning
Indiana defense task force. Repeals the military base planning council and reenacts it as the Indiana defense task force (task force). Makes changes to the membership of the task force. Repeals the requirement that the Indiana office of defense development (office) report annually to the lieutenant governor on the economic, workforce, and national security impact of the defense assets and defense industry in Indiana. Provides for the governor to appoint the director of the office. (Current law provides for the lieutenant governor to appoint the director of the office.) Requires the director to report directly to the governor. Allows for the director to be compensated in an amount set by the governor.
Sponsor: Mark Messmer
New septic system technology. Requires the state department of health (state department) to establish a technical review panel consisting of individuals who hold certain positions or have certain qualifications relevant to onsite sewage systems or who represent certain organizations to which onsite sewage systems are important. Requires the technical review panel to decide whether "technology new to Indiana" (or "TNI", which refers to a sewage treatment method or process or sewage treatment equipment that is not recognized in the administrative rules of the state department or the executive board of the state department) is approved for general use in Indiana. Requires the technical review panel, in response to an application, to decide that a TNI: (1) is approved for general use in Indiana; (2) is approved for use in Indiana with certain conditions; (3) is approved for use in Indiana on a project-by-project basis; or (4) is not approved for use in Indiana. Requires the technical review panel to inform an applicant of the technical review panel's initial or final decision on a complete application not more than 90 days after notifying the applicant that it received the application. Requires the technical review panel to approve a TNI for general use in Indiana if: (1) the TNI has been certified as meeting the NSF/ANSI 40 Standard; (2) a proposed Indiana design and installation manual for the TNI is submitted with the permit application; and (3) the technical review panel certifies that the proposed Indiana design and installation manual meets the vertical and horizontal separation, sizing, and soil loading criteria of the state department. Provides that if: (1) a TNI meets the requirements of the NSF/ANSI 40, NSF/ANSI 245, or NSF/ANSI 350 standard; (2) the proposed Indiana design and installation manual for the TNI meets the vertical and horizontal separation, sizing, and soil loading criteria of the state department; and (3) a registered Indiana professional engineer prepares site specific plans for the use of the TNI in a residential or commercial application; the site specific plans may be approved by the local health department within 30 days, if the TNI is to be used in a residential application, and shall be approved by the state department upon submission of the site specific plans, if the TNI is to be used in a commercial application.
Sponsor: Steve Bartels
Peer to peer vehicle sharing. Defines peer to peer vehicle sharing. Provides requirements for a peer to peer (P2P) vehicle sharing program. Provides that a shared vehicle may not be shared on a peer to peer vehicle program if any safety recalls have not been repaired. Provides insurance requirements for a shared vehicle if the vehicle will be shared on a peer to peer vehicle sharing program. Provides that a P2P vehicle sharing program is responsible for maintaining liability insurance coverage during the car sharing period for a vehicle shared through the P2P vehicle sharing program. Provides that a P2P vehicle sharing program shall assume liability of a shared vehicle owner for any bodily injury or property damage to third parties or uninsured and underinsured motorist losses during the car sharing period in an amount stated in the car sharing agreement, which may not be less than the minimum amount set forth in the financial responsibility statute. Provides that the bureau of motor vehicles may not suspend the driving privileges of a shared vehicle owner for failure to submit proof of financial responsibility at the time an accident occurred if the vehicle was shared through a peer to peer vehicle sharing program at the time the accident occurred. Provides that a political subdivision may not enact or enforce an ordinance, resolution, policy, or rule to regulate peer to peer vehicle sharing. Allows the board of an airport authority or a board of aviation commissioners to enact or enforce an ordinance, resolution, policy, or rule regulating P2P vehicle sharing.
Sponsor: Sean Eberhart
Prekindergarten pilot program. Provides that, after June 30, 2019, in addition to the counties currently participating in the prekindergarten pilot program (program), the program includes eligible providers in any county in Indiana. Amends the definition of an "eligible child". Adds definitions of: (1) "extended enrollment period"; (2) "priority enrollment period"; and (3) "limited eligibility child". Provides that up to 20% of the grants provided may be used to provide grants to limited eligibility children. Provides that, during the priority enrollment period, the office of the secretary of family and social services (office) shall provide grants to eligible children in the program on a first-come, first-served basis. Provides that, during the extended enrollment period, the office shall provide grants to eligible children and limited eligibility children in the program on a first-come, first-served basis to the extent of available funding. Requires the office to post monthly on the office's Internet web site the total enrollment of and number of grants awarded to: (1) all eligible children (before January 1, 2020); and (2) all eligible children and all limited eligibility children (after December 31, 2019); for each county that participates in the program. Provides that a limited eligibility child may qualify for the grant if the child resides with a parent or guardian who receives Social Security Disability Insurance or Supplemental Security Income benefits. Provides that the office may use money in the prekindergarten pilot program fund that is allocated for expansion plans to meet any state match amounts required for certain federal grants. Requires the office to include certain information in the office's annual report regarding the prekindergarten pilot program. Repeals a provision relating to income eligibility requirements to participate in the program.
Sponsor: Robert Behning
Medicare supplement and Medicaid study. Requires an insurer that makes a Medicare supplement policy available to an individual eligible for Medicare based on age to make at least one "Plan A" Medicare supplement policy available to an individual eligible for Medicare based on disability. Specifies enrollment and insurance producer compensation requirements that apply to the "Plan A" policy. Requires the Medicaid advisory committee to study and make recommendations before November 1, 2019, concerning Medicaid reimbursement and school based health centers.
Sponsor: Erin Houchin
Fertility fraud and deception. Establishes a cause of action for civil fertility fraud and provides that a prevailing plaintiff may be awarded: (1) compensatory and punitive damages; or (2) liquidated damages of $10,000. Specifies the statute of limitations for civil fertility fraud. Increases the penalty for deception involving the identity of a person or the identity or quantity of property to a Level 6 felony if the offense involves a misrepresentation relating to: (1) a medical procedure, device, or drug; and (2) human reproductive material. Urges the legislative council to assign the topic of fertility laws, including gestational surrogacy, to an appropriate study committee.
Sponsor: Jack Sandlin
Administrative boards. Establishes the governor's security council. Abolishes the counterterrorism and security council and transfers the council's duties to the governor's security council. Abolishes the emergency alert system advisory committee. Abolishes: (1) the boiler and pressure vessel rules board; and (2) the regulated amusement device safety board; and transfers the boards' duties to the fire prevention and building safety commission (commission). Abolishes the emergency medical commission's technical advisory committee. Provides that the department of homeland security (department) may grant waivers to: (1) certain rules adopted by the Indiana emergency medical services commission; and (2) rules adopted by the board of firefighting personnel standards and education. Makes the following changes to the process for obtaining a variance to fire safety, building, and equipment rules: (1) Provides that the department and the commission may grant variances to rules adopted by the commission. (2) Provides that the department shall make each application for a variance available for review on a public portal. (3) Provides that local fire and building officials shall receive notice of variance applications filed within their respective jurisdictions. (4) Provides that a local fire official, local building official, or other interested party may submit documentation regarding a variance application to the department or the commission for review and consideration prior to an initial determination being made on the application by the department or the commission. (5) Provides that the department or commission shall wait at least five business days after a variance application is filed before making an initial determination on the application. (6) Provides that the commission may adopt emergency rules to implement the bill's changes to the variance application process. Provides that the department may engage in studies and consult with any person to implement fire safety, building, and equipment laws and rules, and that the commission may consult with industry experts or call a special meeting to discuss boiler and pressure vessels or regulated amusement devices. Requires the state building commissioner to create a data base cataloging variance rulings. (Current law allows the commissioner to create the data base.) Abolishes the Indiana dietitians certification board and transfers the board's duties to the medical licensing board of Indiana. Provides that members appointed to boards staffed by the professional licensing agency: (1) have four year term limits; (2) may serve multiple terms; (3) in certain instances, may not have more than two members from the same congressional district; (4) serve at the pleasure of the governor; and (5) must be removed under certain circumstances. Restructures the membership of the following boards: (1) Indiana board of accountancy. (2) Board of registration for architects and landscape architects. (3) Indiana athletic trainers board. (4) Indiana auctioneer commission. (5) Board of chiropractic examiners. (6) State board of funeral and cemetery service. (7) Indiana state board of health facility administrators. (8) Home inspectors licensing board. (9) State board of registration for professional surveyors. (10) State board of massage therapy. (11) Midwifery committee. (12) Behavioral health and human services licensing board. (13) Manufactured home installer licensing board. (14) Indiana optometry board. (15) Indiana plumbing commission. (16) Board of podiatric medicine. (17) Private investigator and security guard licensing board. (18) State psychology board. (19) Real estate appraiser licensure and certification board. (20) Speech-language pathology and audiology board. Amends professional experience qualifications for appointment of registered architects and registered landscape architects to the board of registration for architects and landscape architects to provide that the professional experience qualifications are preferences rather than requirements. Provides that to the extent possible, the governor shall appoint to the state board of registration for professional engineers individuals who serve or have served in diverse areas of professional practice. Makes technical changes.
Sponsor: Doug Gutwein
Regional holding facility. Provides that a "regional holding facility" is an existing facility that is currently established and operated by the department of correction (department) that offers mental health and substance abuse treatment, workforce development, educational programs, and other evidence based programs designed to reduce recidivism. Provides that a local economic development organization may enter into a regional holding facility lease agreement with the department of correction to: (1) address the issue of jail overcrowding in Indiana; (2) reduce recidivism by offering programs in an unused department of correction facility; and (3) obtain federal funding to operate the facility. Establishes conditions under which a county sheriff may transfer certain confined jail offenders to a regional holding facility. Establishes requirements for transfer agreements between the department and county sheriffs. Requires the department to collect data and report the outcomes of services provided by a regional holding facility to the legislative council. Provides that reimbursements paid by the state to the county for the costs of incarcerating a confined jail offender shall be used to pay for a confined jail offender housed in either a regional holding facility or a county jail. Provides that the Indiana criminal justice institute shall identify any federal, state, or local grants that can be used to assist in the funding and operation of regional holding facilities. Allows political subdivisions to enter into public-private agreements with an operator to accomplish the design, financing, construction, acquisition, improvement, renovation, equipping, operation, or maintenance of a regional jail. Establishes the county jail overcrowding task force to: (1) conduct a statewide review of jail overcrowding; and (2) study the issue of how to reduce recidivism for convicted felons in county jails by offering programs designed to reduce recidivism. Requires the justice reinvestment advisory council to conduct a statewide review of bail reform and pretrial issues and to identify common reasons and possible local, regional, and statewide solutions.
Sponsor: Randall Frye
Prior authorization and Medicaid. Specifies that after December 31, 2020 the prior authorization for health care services statute applies to the risk based managed care Medicaid program. Requires, after December 31, 2020, that a Medicaid managed care organization use a standardized prior authorization form prescribed by the office of the secretary of family and social services.
Sponsor: Cindy Kirchhofer
Local government matters. Provides that, if a political subdivision publishes or submits to the department of local government finance's (DLGF) computer gateway a notice that contains an error or omission that inaccurately reflects the tax rate, tax levy, or budget actually proposed or fixed by the political subdivision by an amount that is less than 0.1%, the notice is a valid notice and the DLGF shall correct the error or omission. Provides that the state board of accounts, instead of the budget agency, is to approve audits for regional development authorities and allows for private examiners to perform audits. Excludes political subdivisions that do not have the power to impose property taxes from the requirement to upload a digital copy of certain contracts on the Indiana transparency Internet web site. Specifies the deadlines for county auditors to submit property tax settlement and distribution information to the DLGF. Repeals the electronic digital signature act. Specifies the calculation of the acquisition cost of depreciable personal property acquired in like kind exchange for personal property tax purposes. Removes the provision in current law that requires the DLGF to be a party to any contract in which a county assessor employs professional appraisers as technical advisers for assessments. Provides that the standard contract to employ professional appraisers is void if: (1) the appraiser is not certified at the time the contract is executed; or (2) the DLGF subsequently revokes the appraiser's certification. Eliminates the permissive written demand to a county resident who is delinquent in the payment of personal property taxes during the period from May 10 to October 31. Changes the time period from at least 21 to 30 days for the county treasurer's notice of the sale of a mobile home. Makes the filing deadlines for property tax deductions applicable to mobile homes and manufactured homes that are not assessed as real property the same as the filing deadlines for property tax deductions applicable to real property. Amends the definition of "owner" (for purposes of the property tax statutes) to delete the provision specifying that an owner of tangible property includes the holder of a tenancy for a term of years. Requires county auditors to submit data on deductions applicable to the current tax year to the homestead property data base on or before March 15 of each year, in a manner prescribed by the DLGF. Specifies that if a penalty is imposed on a taxpayer for failing to declare on the taxpayer's tax return that the taxpayer is entitled to the exemption for business personal property, the county shall include the penalty on a property tax bill associated with the tax district in which the majority value of the taxpayer's business personal property within the county is located. Eliminates (effective retroactive to July 1, 2017) several property tax deduction and credit reapplication requirements that were added by HEA 1450-2017 concerning unmarried taxpayers who married, married taxpayers who divorced, and taxpayers who came to own their property jointly or as tenants in common with another individual. Provides that a person seeking a property tax exemption for property used for a charitable purpose may file an exemption application up to 30 days following the statutory deadline for the exemption application if the person pays a late filing fee. Makes changes to the time frame for the board of tax review to conduct a hearing and issue a determination. Requires that the budget notice that political subdivisions must publish on the DLGF's computer gateway must also include information concerning the percentage change between the current and proposed tax levies of each fund. Specifies that a political subdivision shall file the budget adopted by the political subdivision with the DLGF not later than five business days after the budget is adopted. Authorizes the DLGF to adopt rules for procedures related to local government budgeting. Specifies that the adoption, amendment, or repeal of such a rule by the DLGF may not take effect before March 1 or after July 31 of a particular year. Requires a political subdivision to adopt the needed changes to its budget, tax levy, or rate in a public meeting if the political subdivision's tax levy is increased by the DLGF to an amount that exceeds the amount originally advertised or adopted by the political subdivision. Provides for an extension of time to submit a city's budget in the case of a veto after October 1. Provides that Highland Township in Greene County may increase its maximum township property tax levy for 2020 and thereafter. Provides that Taylor Township in Greene County may increase its maximum township property tax levy and its maximum fire protection and emergency services property tax levy for 2020 and thereafter. Allows Green Township in Hancock County to increase its maximum levy for the township's general fund to offset the reduction in the maximum levy that occurred beginning in 2003 that was based on the township's actual levy (levy banked amount). Requires the DLGF to increase the North Harrison fire protection territory provider unit's maximum permissible ad valorem property tax levy for purposes of IC 36-8-19 for property taxes due and payable in 2020 if a petition requesting an increase is filed. Provides that a civil taxing unit may not request permission to impose a property tax on account of revenue shortfalls, if the revenue shortfall preceded the most recent certified budget for the civil taxing unit by more than five years. Requires a statement in the county treasurer's notice of intention to sell mobile homes that the county treasurer will apply for a court judgment against the mobile homes for an amount that is set by the county executive and that includes collection expenses. Provides that whenever no bid is received on a mobile home, the taxpayer who is delinquent in the payment of taxes causing the tax sale maintains ownership of the mobile home and liability for the delinquent taxes. Repeals the statute providing for a county board of tax adjustment. Repeals provisions related to the county board of tax adjustment and the local budgeting process. Specifies that: (1) rules adopted by the DLGF for the appraisal of real property may not apply to any appraisal contemporaneously being conducted under a county's reassessment plan; and (2) rules adopted by the DLGF may first apply to the reassessment phase beginning in the following calendar year under a county's reassessment plan. Requires a county that enters into a contract for computer software and with a software provider to upload the contract to the Indiana transparency Internet web site. Specifies that for purposes of attributing the amount of a property tax deduction or exemption to the gross assessed value of a property: (1) a deduction or exemption that is specific to an improvement shall be applied only to the assessed value allocation pertaining to that improvement; and (2) to the extent that a deduction or exemption is not specific to an improvement, the deduction or exemption shall be applied in the order that will maximize the benefit of the deduction or exemption to the taxpayer. Provides that the county executive (instead of the DLGF) may cancel any property taxes assessed against real property owned by a county, township, city, town, or body corporate and politic under certain circumstances. Removes local income tax economic development allocations from the adjustment to Clark County's economic development revenue allocation. Extends the maximum time period from 20 to 22 years for the allocation of local income taxes for correctional and rehabilitation facilities. Limits to 20% the amount of revenue that may be used for operating expenses for correctional facilities and rehabilitation facilities in the county if the ordinance to impose the tax rate is adopted after June 30, 2019. Changes the timeline for providing local income tax distribution numbers to local units. Allows the board governing a: (1) municipal water or sewer provider; (2) municipal department of sanitation; or (3) sewage disposal plant service provider; to fix the time within which service charges become delinquent and service may be discontinued due to nonpayment of charges. (Currently these time periods are provided by statute.) Provides a formula for determination of a county's required appropriation amount for the operation of community mental health centers (other than in Marion County for calendar years 2019 through 2021) based on the increase, if any, in the certified levy for funding over the previous two years after application of the tax caps. Revises a statute concerning the investment of proceeds from the sale of the Montgomery County hospital. Provides that certain parties may elect to be represented by the office of the attorney general under a written agreement between the party and the office of the attorney general. Provides that certain statutes relating to the lease of real property by a political subdivision do not apply to a lease if the total annual cost of the lease is less than $250,000. Validates a lease entered into by a political subdivision before January 1, 2019, with an annual cost of less than $250,000 if the political subdivision's leasing agent did not comply with these statutes when the lease was entered into. Specifies that all members or employees of a volunteer fire department who also serve on the fiscal body of a local government unit must abstain from voting on the unit's budget. Authorizes a county fiscal body to establish a salary schedule that includes greater compensation for the presiding officer or secretary of the county fiscal body or county executive if certain conditions are satisfied. Increases, from $5 to $10, the amount of the county fee that a county auditor shall charge for endorsing a real estate conveyance document and provides that the fee revenue must be used for developing or maintaining plat books, in traditional or electronic format. Provides that money in the county elected officials training fund may be used to provide: (1) travel, lodging, and related expenses associated with any training paid for from the fund; and (2) training of one or more designees of a county elected official if sufficient funds are appropriated by the county fiscal body. Provides that money in the county elected officials training fund may be used for the newly elected official training course expenses. Provides that the failure of an individual to complete the required training does not prevent the individual from taking an office to which the individual was elected. Provides that an individual elected to certain county offices must take a newly elected official training course before the individual first takes office. Provides that the newly elected official training course counts toward the individual's other elected official training requirements. Requires the clerk and fiscal officer of all cities and towns to complete at least: (1) 14 hours of training courses within one year; and (2) 36 hours of training courses within three years. Provides that a training course that an individual completes after being elected or appointed as clerk or fiscal officer of a city or town and before the individual begins serving in office applies toward the training requirements. Requires all city and town clerks and fiscal officers to fulfill the training requirements for each term the clerk or fiscal officer serves in office. Provides, in the case of a city or town that reorganizes, that the individual who performs the functions of clerk or fiscal officer for the reorganizing city or town shall comply with the training requirements for the reorganized political subdivision. Provides that a redevelopment commission may issue bonds or enter into leases with a term of up to 35 years to finance a project that includes, as part of the project, the use and repurposing of two or more buildings and structures that are: (1) at least 75 years old; and (2) located at a site at which manufacturing previously occurred over a period of at least 75 years. Specifies that in the case of an allocation area for such a project, the expiration date of the allocation provision may not be more than 35 years after the date on which the allocation provision is established. Provides that a redevelopment commission or other entity that creates a tax increment financing area shall file the resolution and supporting documents that create the tax increment financing area with both the county auditor in which the tax increment financing area is located and the DLGF within 30 days after the redevelopment commission or other entity takes final action on the resolution. Provides that if a redevelopment commission or other entity that creates a tax increment financing area files the resolution and supporting documents with either the county auditor and the DLGF after the first anniversary of the effective date of the tax increment financing area, the county auditor shall compute the base assessed value of the tax increment financing area using the assessment date immediately preceding the later of the date on which the documents were filed with the county auditor or the date on which the documents were filed with the DLGF. Extends a pilot program in Lake County concerning disposal of certain real property. Removes the appointment of members to the Fort Harrison reuse authority by the Indianapolis mayor and by Marion County. Provides that a city or town may contract for fire protection services and requires that a contract for fire protection services be in writing and for a fixed term. Voids an annexation remonstrance waiver (waiver) executed before July 1, 2003. Voids a waiver executed after June 30, 2003, and before July 1, 2019, unless the waiver was recorded in the county where the property is located before January 1, 2020. Voids a waiver executed after June 30, 2019, unless the waiver was recorded in the county where the property is located within 30 business days after the date the waiver was executed. Provides that a waiver executed after June 30, 2003, that was properly recorded expires 15 years after the date the waiver was executed. Provides that waivers voided under the bill do not invalidate annexations that were effective before July 1, 2019. Urges the legislative council to assign to an appropriate interim study committee, for study during the 2019 interim of the general assembly, the topic of local income taxes, including revenue allocations and uses. Urges the study of the advisability of eliminating the mortgage property tax deduction and the advisability of increasing the homestead standard deduction. Urges the study of automatic enrollment of employees in a political subdivision's deferred compensation plan. Urges the study of allowing municipalities to make deposits of a certain amount to a vendor or service provider for certain transactions. Makes technical conforming changes.
Sponsor: Daniel Leonard
Child support. Provides that the duty to support a child ceases when the child becomes 19 years of age unless the child is a full-time student in a secondary school. Provides that in order for child support to continue for a child who is: (1) 19 years of age or older; and (2) a full-time student in a secondary school; a parent or guardian of the child must file notice advising the court that the child continues or will continue to be enrolled in secondary school. Specifies requirements for the content and filing of the notice. Provides that if a party to the child support proceeding does not file an objection or request for a hearing within thirty (30) days after the party receives the notice, the court may, without holding a hearing, issue an order continuing child support through the date on which the child is expected to graduate. Provides that senior prosecuting attorneys include persons employed for at least eight years as a part-time deputy prosecuting attorney. Provides that senior prosecuting attorneys may prosecute criminal nonsupport cases.
Sponsor: Philip GiaQuinta
Utility matters. Provides that an order affecting rates of service may be entered by the utility regulatory commission (IURC) without a formal public hearing in the case of any public or municipally owned utility that either: (1) serves less than 8,000 customers; or (2) has initiated a rate case on behalf of a single division of the utility and that division: (A) serves less than 5,000 customers; and (B) has an IURC-approved schedule of rates and charges that is separate and independent from that of any other division of the utility. (Current law permits the IURC to enter a service rate order without a public hearing only in the case of a utility that itself serves less than 5,000 customers.) Changes the term "distressed utility" to "offered utility" for purposes of statutory provisions regarding the acquisition of water or wastewater utilities. Makes the following changes for purposes of the statutory provisions under which a utility that acquires property from another utility at a cost differential may petition the IURC to include the cost differential in the acquiring utility's rate base: (1) Provides conditions for applicability of the rebuttable presumption that the cost differential is reasonable. (2) Amends the findings the IURC must make in order to approve the petition. (3) Provides that notice of the filing of the petition may be provided to customers of the acquiring utility company in a billing insert. (4) Requires the acquiring utility company to submit with its petition to the IURC a written description of how the acquiring utility will identify and make reasonable and prudent improvements necessary to provide safe and reliable service to customers of the offered utility. Provides, for purposes of the requirement that a municipality that plans to sell or dispose of nonsurplus municipally owned utility property must appoint appraisers in a writing that is a public record, that a written contract with the appraisers or the appraisers' firms satisfies this requirement. Provides that the municipality must hold a public hearing regarding the appraisal and proposed sale not later than 180 days (rather than 90 days, under current law) after the appraisal is complete. Amends the factors the IURC must consider in deciding whether the sale or disposition is in the public interest. Provides that if, within a county containing a consolidated city: (1) a main sewer line is extended for the purpose of connecting one or more residential or commercial properties to a sanitary sewer system; and (2) the extension, when completed, will be located within a certain distance of the property line of a residential property served by a septic system; the Health and Hospital Corporation of Marion County (corporation) or its board may not order that the residential property served by a septic system be connected to the extension. Provides, however, that the connection of a residential property served by a septic system to such an extension may be ordered if: (1) the state department of health; or (2) the corporation or its board; determines that the septic system serving the residential property is failing. Specifies that these provisions do not affect a septic tank elimination program approved by the IURC. Urges the legislative council to assign to an appropriate interim study committee the task of studying, on a statewide basis, the connection of unserved properties to sanitary sewer systems owned or operated by various public and private entities.
Sponsor: Eric Koch
Harassment and orders for protection. Defines "harassment" for purposes of civil orders for protection. Provides that a person who is a victim of harassment may file a petition for an order for protection against a person who commits harassment, and that a court may issue an order for protection against a person who commits harassment only after notice and a hearing. Provides that a court may impose certain terms and conditions upon a respondent when allowing a petitioner and respondent to occupy the same location. Specifies the powers of magistrates. Makes conforming changes.
Sponsor: Ryan Hatfield
Subscription auto sales. Extends the subscription program prohibition to May 1, 2020. Provides that effective July 1, 2013, a document preparation fee in excess of $200 is an unfair practice. Specifies certain disclosure requirements concerning document preparation fees. Makes conforming amendments.
Sponsor: Edmond Soliday
Libraries. Provides that, in the case of a public library outside Marion County, the fiscal body of a city, town, or county that established the public library, the governing body of which is not comprised of a majority of officials who are elected to serve on the governing body, may adopt a resolution to require the public library to submit its proposed budget and property tax levy to the city, town, or county fiscal body for binding review and approval in the same manner that is required under current law if the public library's cash on hand plus its expected revenues is greater than 150% of the public library's proposed budget. (These amounts exclude gifts, bequests, and philanthropic funds and debt funds.) Provides that the fiscal body of the city, town, or county may not reduce the public library's proposed operating budget or tax levy in a budget year by more than 10% of the public library's operating levy.
Sponsor: Daniel Leonard
Environmental matters. Establishes the 15 member 21st century energy policy development task force (task force). Requires the task force to: (1) examine and evaluate specified aspects of the state's policies concerning electric generation portfolios; (2) develop recommendations for the general assembly and the governor concerning any identified challenges with respect to Indiana's electric generation portfolios; and (3) issue a report setting forth the task force's recommendations not later than December 1, 2020. Requires the utility regulatory commission (IURC), before July 1, 2020, to conduct a comprehensive study of the statewide impacts of: (1) transitions in the fuel sources and other resources used to generate electricity by electric utilities; and (2) new and emerging technologies for the generation of electricity; on electric generation capacity, system reliability, system resilience, and the cost of electric utility service. Requires the IURC to provide a final report on its study to the governor, the legislative council, and the 21st century energy policy development task force not later than July 1, 2020. Replaces the term "wastewater management vehicle" with the term "septage management vehicle". Changes the membership of the environmental rules board (board) by adding one representative of the residential or commercial construction industry and removing the state health commissioner as an ex officio member. Requires certain reports concerning public water systems to be submitted to the department of environmental management (IDEM) electronically. Eliminates record keeping requirements relating to solid waste transported outside Indiana for final disposal. Revises the law concerning the assessment of the state solid waste management fee. Changes the deadline for IDEM's annual assessment of hazardous waste annual operation fees. Provides that the administrator of the underground petroleum storage tank excess liability trust fund (ELTF) is required, not more than 45 business days after a claim on the ELTF is submitted, to: (1) approve the claim; (2) notify the claimant that a correction, a clarification, or additional information is needed; or (3) deny the claim. Provides that IDEM, rather than the board, is to deposit solid waste fees in the waste facility operator trust fund. Provides for IDEM to receive payment of solid waste fees by electronic fund transfer. Authorizes the board to adopt rules that increase the amounts of environmental fees. Requires the board, in changing the amount of a fee, to take into account the cost to IDEM of amendments, modifications, and renewals of a permit, license, or approval. Provides that a fee established by the board for a type or class of permit: (1) may be set at a particular amount in consideration of the type and amount of discharge or emission to which the permit relates; and (2) may not be different in amount for public sector permit holders than for private sector permit holders unless the difference is specifically authorized by law. Requires IDEM to arrange for an independent study of certain IDEM costs and to develop other information relevant to fees. Provides that all fee amounts set forth numerically in Title 13 of the Indiana Code are minimum amounts and that the board may increase the amount of a fee even though the minimum amount of the fee is set forth numerically in Title 13. Provides that the board may not increase an environmental fee: (1) more than once in five years; or (2) by more than 10%. Requires the board to adopt rules to implement a one-time increase in fees before January 1, 2022, and provides that: (1) the pre-2022 increase in the confined feeding operation, NPDES, safe drinking water act, solid waste, and hazardous waste program fees must be calculated to cause an increase in annual aggregate fee revenue of $3,200,000; and (2) the pre-2022 increase in the air pollution control program fees must be calculated to cause an increase in annual aggregate fee revenue of $2,000,000.
Sponsor: David Wolkins
Department of health matters. Allows the state health commissioner to issue standing orders (current law allows for statewide standing orders) and sets forth requirements of a standing order. Removes the requirement that the state department of health (state department) adopt rules defining a birth problem. Requires the state department to publish a list annually of birth problems required to be reported and allows for the state department to update the list. Adds considerations by the state department in compiling the birth problem list. Allows the state department to release information in the immunization data registry to the Centers for Disease Control and Prevention. Requires the state department to publish a list of reportable communicable diseases and other diseases and conditions that are a danger to health and to publish the list of control measures for the diseases and conditions on the state department's Internet web site. Sets forth considerations in updating the list of communicable diseases and conditions.
Sponsor: Ed Charbonneau
Residential tax increment financing. Permits a redevelopment commission to establish a program for residential housing development and a tax increment funding allocation area for the program if the average of new, residential houses constructed in the county or municipality in the preceding three years is less than 1% of the total number of residential houses in the county or municipality. Requires the department of local government finance, in cooperation with appropriate county and municipal agencies, to determine eligibility for the program. Provides that a program may not take effect until the governing body of each school corporation affected by the program passes a resolution approving the program. Defines "residential housing" as housing or workforce housing that consists of single family dwelling units sufficient to secure quality housing in reasonable proximity to employment.
Sponsor: Jeff Raatz
Language development for children who are deaf or hard of hearing. Provides that the director of the center for deaf and hard of hearing education (center) shall appoint an advisory committee. Requires the center to do the following: (1) Select language developmental milestones to include in a parent resource. (2) Approve tools and assessments for the assessment of children who are deaf or hard of hearing. (3) Develop and prepare a parent resource. (4) Prepare a report using data collected from the results of the assessments. Provides that the center may provide training and technical assistance concerning the use and administration of approved tools and assessments. Provides that the advisory committee shall do the following: (1) Collaborate with experts in: (A) selecting, for recommendation to the center, the language developmental milestones for inclusion in the parent resource; and (B) approving, for recommendation to the center, tools and assessments for children who are deaf or hard of hearing that are equivalent to tools and assessments for children who are not deaf or hard of hearing. (2) Provide to the center, not later than June 1, 2020, a list of the language developmental milestones that the advisory committee recommends that the center include in the parent resource and a list of tools and assessments that the advisory committee recommends the center approve for the assessment of children who are deaf or hard of hearing. (3) Conduct, at least once every five years, a review of the language developmental milestones selected and tools and assessments approved by the center. Provides that the office of the secretary of family and social services (office) may administer annually to a child who is: (1) less than three years of age; and (2) deaf or hard of hearing; at least one of the assessments approved by the center. Provides that each school corporation may administer annually to a child who: (1) is at least three years of age and less than 11 years of age; (2) is deaf or hard of hearing; and (3) has legal settlement in the school corporation; at least one of the assessments approved by the center. Allows a parent to opt out of the annual assessment if the parent provides, in writing, to the office or school corporation the parent's intent to opt out. Requires the office and each school corporation to provide to the center the results of any tools and assessments administered to a child.
Sponsor: Edward Clere
Parenting time. Authorizes a court to require a parent to submit to drug testing as a condition of exercising parenting time rights if the court finds that: (1) the parent has a history of unlawful drug use within the previous five years; or (2) there is a reasonable likelihood that the parent is currently using unlawful drugs. Specifies that the parent shall pay the costs of the drug testing. Provides that, if a court grants parenting time to a person who has been convicted of: (1) child molesting; or (2) child exploitation; within the previous five years, the court shall order that the parenting time must be supervised.
Sponsor: Michael Crider
Copies of identifying adoption information. Provides that a person releasing identifying adoption information must, upon request by the individual requesting the identifying information, provide copies of the identifying information to the individual. Makes a correction regarding exceptions to the release of identifying information.
Sponsor: Randall Head
State and local administration. Makes the filing deadlines for property tax deductions applicable to mobile homes and manufactured homes that are not assessed as real property the same as the filing deadlines for property tax deductions applicable to real property. Repeals the coal conversion system property tax deduction, the coal combustion product property tax deduction, the recycled coal combustion byproduct personal property tax deduction, the aircraft property tax deduction, the intrastate aircraft property tax deduction, the Hoosier alternative fuel vehicle manufacturer investment income tax credit, and the local income tax option hiring incentive credit. Extends the legislative services agency tax incentive review schedule from five to seven years. Provides that a redevelopment commission or other entity that creates a tax increment financing area shall file the resolution and supporting documents that create the tax increment financing area with both the county auditor in which the tax increment financing area is located and the department of local government finance within 30 days after the redevelopment commission or other entity takes final action on the resolution. Provides that if a redevelopment commission or other entity that creates a tax increment financing area files the resolution and supporting documents with either the county auditor and the department of local government finance after the first anniversary of the effective date of the tax increment financing area, the county auditor shall compute the base assessed value of the tax increment financing area using the assessment date immediately preceding the later of the date on which the documents were filed with the county auditor or the date on which the documents were filed with the department of local government finance. Urges the study of the advisability of eliminating the mortgage property tax deduction and the advisability of increasing the homestead standard deduction.
Sponsor: Travis Holdman
Various education matters. Provides that the state board of education (state board) may approve assigning a new identification number for a school that is in operation and requests a new number. Provides that the department of education (department) may assign an identification number to a new school upon the new school's request. Requires the state board to adopt rules to establish criteria that a school must meet to be considered a new school for identification number purposes. Voids 511 IAC 6.2-10-10. Provides that, after June 30, 2019, the state board may not use student growth as the exclusive means used in determining a school's final accountability category. Provides that, upon request beginning with the 2019-2020 school year, the department shall place certain innovation network schools and innovation network charter schools in a "null" or "no letter grade" category for purposes of assessing school performance for a certain number of years, consecutively, unless an innovation network school or innovation network charter school requests otherwise. Provides that, if requested by a school, the department may place the school in a "null" or "no letter grade" category for purposes of assessing school performance for the first three consecutive years of operation of the school. Provides that an innovation network school may request that the state board approve an issuance of a "null" or "no letter grade" for a school during its first three consecutive years of operation by an innovation network team. Provides that the state board must establish criteria that the state board may consider in determining whether an innovation network school that reconfigures an existing school is eligible to receive a "null" or "no letter grade". Adds Cambridge International exams as a postsecondary readiness competency that may be approved by the state board as a graduation pathway. Requires the state board to approve two or more benchmark, formative, interim, or similar assessments to identify students that require remediation. (Current law requires that the state board approve two or more benchmark assessments to identify students that require remediation.) Prohibits the state board and department from contracting with, approving, or endorsing the use of a single vendor to provide benchmark, formative, interim, or similar assessments for kindergarten through grade 7.
Sponsor: Robert Behning
Pharmacists; physician assistants. Sets out the conditions for emergency pharmaceutical refills and prescription adaptations. Permits a pharmacist to prescribe certain devices or supplies approved by the federal Food and Drug Administration. Provides that if a pharmacist prescribes certain devices or supplies, the pharmacist must provide the patient with a written advance beneficiary notice that is signed by the patient and that states that the patient may not be eligible for reimbursement for the device or supply. Requires that the pharmacy must keep a copy of the patient's advance beneficiary notice. Changes the role of a supervising physician for a physician assistant to that of a collaborating physician. Removes prescribing requirement language of at least 30 contact hours in pharmacology by a program approved by the committee and requires the physician assistant to have graduated from an accredited physician assistant program and have received the required pharmacology training from the program. Removes the following requirements concerning prescribing by a physician assistant: (1) A physician assistant prescribing a controlled substance to have practiced as a physician assistant for at least 1,800 hours. (2) Prescribing authority being delegated to a physician assistant to be expressly delegated in writing by the physician. (3) Limiting the amount prescribed to an amount not to exceed a 30 day supply. Removes a requirement that a physician review at least 25% of the patient's records in a physician assistant's first year of practice. Requires the review of at least 10% of the patient records concerning the prescribing or administering of a drug (instead of only certain scheduled drugs) for the first year in which a physician assistant obtains authority to prescribe a drug. Removes certain chart review requirements and a statement to the board by the physician.
Sponsor: Steven Davisson
Various trust matters. Defines "designated representative", "judicial proceeding", and "nonjudicial matter" for purposes of the trust code. Authorizes the establishment of legacy trusts. Prescribes the procedures for establishing a legacy trust and requirements for claims under a legacy trust. Provides that a court shall exercise jurisdiction over a legacy trust or a qualified disposition and adjudicate a case or controversy regarding the legacy trust, if the case or controversy is within the subject matter of the court. Adopts the uniform directed trust act, which allows for the terms of a trust to grant a person other than a trustee power
Sponsor: Randall Head
Body cavity searches and blood draws. Establishes a procedure authorizing licensed medical personnel to obtain a body fluid sample or to retrieve contraband from the body cavity of an individual as part of a criminal investigation, and, grants, with certain exceptions, immunity to medical personnel. Provides a method for certain emergency medical services providers and law enforcement officers who have been exposed to blood or body fluids to obtain the results of a test for a dangerous communicable disease. Establishes a procedure for a court to issue an emergency ex parte order for a blood or body fluid specimen.
Sponsor: Ronald Grooms
Alcohol regulation. Amends the definition of "entertainment" for purposes of alcohol regulation to include meals, beverages, and ground transportation provided in connection with entertainment. Amends the definition of "entertainment complex" to apply to: (1) all municipalities and facilities that have permanent seating for at least 800 individuals; and (2) certain facilities with seating for 200 individuals located within a mile of the center of Indianapolis.
Sponsor: Ronnie Alting
Prohibited name change. Defines "lifetime sex or violent offender" and prohibits, with certain exceptions, a lifetime sex or violent offender from changing the offender's name. Requires the local law enforcement authority in the county of conviction to take reasonable steps to notify the victim if a lifetime sex or violent offender changes the offender's name, and authorizes a prosecuting attorney to assist with the notification.
Sponsor: Edward Clere
Education matters. Provides that a school corporation shall accept a transferring student who does not have legal settlement in the school corporation and who has a parent who is a current employee of the transferee school corporation with an annual salary of at least $8,000. (Under current law, a school corporation shall accept a transferring student who does not have legal settlement in the school corporation and who has a parent who is a current employee of the transferee school corporation.) Provides that each school corporation and charter school shall require certain applicants for employment and school employees to attend training concerning recognition of the signs and symptoms of seizures and the appropriate steps to be taken to respond to these symptoms. Provides that, if a school corporation or charter school receives a seizure management and treatment plan for a student that was developed by the student's health care provider, certain requirements must be met by the school corporation or charter school and the school nurse or school nurse's designee. Requires the department of education to identify resources to assist public schools in implementing individual health plans for students with seizure disorders.
Sponsor: Jeffrey Thompson
Various tax matters. Provides that the department of state revenue (department) may deny an application for a registered retail merchant's certificate in certain circumstances. Specifies the requirements necessary for a taxpayer to discontinue filing a combined income tax return. Requires a partnership, or an estate or trust, to file certain information returns electronically. Amends motor carrier fuel tax provisions retroactively to July 1, 2018, to specify the rates that apply to the imposition of the tax. Requires a taxpayer to retain books and records during the period of a judicial proceeding or appeal that extends beyond the three year retention period under current law. Requires a sheriff that collects a judgment on a tax warrant to notify the department of the name of the taxpayer and the amount of the payment within seven days of receipt of the payment. Allows the department to waive or toll tax penalties and interest imposed on a taxpayer who is or has been incarcerated for a period of at least 180 days. Provides that if the department does not: (1) issue a timely demand notice; (2) file a timely tax warrant; or (3) renew tax warrants; the tax liability is extinguished. Provides that the department may release tax withholding or other tax information statements to certain individuals. Provides that the department may domesticate a valid tax warrant in one or more other states or countries, or in the political subunits of other states or countries. Provides that a judgment on a tax warrant must be filed in at least one Indiana county not later than 10 years after the first date on which a demand notice could be issued. Provides that if a judgment on a tax warrant is entered in at least one Indiana county, the department may file an additional tax warrant in one or more Indiana counties during the period in which one or more tax warrants are valid. Updates the income tax reference to the Internal Revenue Code (IRC) in effect on January 1, 2019. Revises provisions concerning income under Section 118, Section 163, and Section 965 of the IRC. Clarifies the treatment of a loss for a taxable year disallowed because of Section 461(l) of the IRC in determining an Indiana net operating loss deduction. Modifies the adjustment to Indiana adjusted gross income for certain property involved in a like-kind exchange for which a taxpayer claims a federal deduction under Section 179 of the IRC. Modifies, for purposes of determining Indiana adjusted gross income, an amount treated as bonus depreciation under IRC Section 168(k) for certain property involved in a like-kind exchange. Changes the order in which the department is required to apply a taxpayer's partial payment to the taxpayer's tax liability, penalties, and interest. Provides that the revised ordering of payments applies to taxable periods beginning after December 31, 2019. Specifies the taxable years to which the adjusted gross income tax changes and the financial institutions tax changes apply. Provides that the heavy equipment rental excise tax is imposed upon the rental of heavy rental equipment from a retail merchant in Indiana and received from the retail merchant in Indiana. Requires a retail merchant to collect and remit the heavy equipment rental excise tax. Provides that in the event of a misclassification, a person shall receive a credit for any property tax paid on the rental of heavy equipment for a calendar year against any excise tax owed on the equipment in the same calendar year and for any excise tax paid on the equipment for a calendar year against any property tax owed on the equipment in the same calendar year. Requires the department, beginning January 1, 2021, to establish an annual tax rate for the utility receipts tax and the utility services use tax by determining a tax rate that would maintain tax revenue at the state fiscal year 2018 amount. Removes the provision in current law that requires a claim for a unified tax credit for the elderly to be filed within six months following the close of the claimant's taxable year or within the extension period if an extension of time for filing the return has been granted, whichever is later.
Sponsor: Travis Holdman
Telephone solicitation. Adds to the list of telephone calls that are exempt from the "do not call" statute any telephone call made to a consumer by a caller that: (1) is: (A) a communications service provider that offers broadband internet service; or (B) a financial institution or a person licensed by the department of financial institutions to engage in first lien mortgage transactions or consumer credit transactions; and (2) has an established business relationship with the consumer. Requires the consumer protection division of the attorney general's office (division) to notify Indiana residents of the following: (1) The prohibition under federal law against a person making any call using an: (A) automatic telephone dialing system; or (B) artificial or prerecorded voice; to any telephone number assigned to a mobile telecommunications service. (2) The prohibition under federal law against a person initiating any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior consent of the called party. (3) Information concerning the placement of a telephone number on the National Do Not Call Registry operated by the Federal Trade Commission. Allows the division to use the consumer protection division telephone solicitation fund (fund) to: (1) administer the statutes concerning: (A) the registration of telephone solicitors; and (B) the regulation of automatic dialing machines; and (2) reimburse county prosecutors for expenses incurred in extraditing violators of these and other state and federal statutes concerning telephone solicitations. (Current law provides that the fund may be used only to administer: (1) the state's "do not call" statute; (2) the federal statute concerning restrictions on the use of telephone equipment; and (3) the state statute concerning misleading or inaccurate caller identification (caller ID statute).) Provides that certain civil penalties recovered by the attorney general for violations of the statutes concerning: (1) the registration of telephone solicitors; and (2) the regulation of automatic dialing machines; shall be deposited in the fund. Defines "executive" for purposes of the "do not call" statute, and provides that an executive of a person that violates the "do not call" statute commits a separate deceptive act actionable by the division. Provides that the attorney general can collect attorney fees and costs in a civil action for a violation of the caller ID statute. Amends the definition of "seller" for purposes of the statute requiring telephone solicitors to register with the division, so that the definition includes any person making a telephone solicitation. (Current law includes only persons making specified false representations in a telephone solicitation.) Provides that all sellers that make telephone solicitations must register with the division. (Under current law, registration is required only if the seller makes a solicitation involving consideration of more than $100 and less than $50,000.) Makes technical changes to the deceptive consumer sales act concerning violations of the caller ID statute. Allows the attorney general to collect a civil penalty of not more than: (1) $10,000 for the first violation; and (2) $25,000 for each subsequent violation; of the statute regulating automatic dialing machines. Urges the legislative council to assign to the interim study committee on corrections and criminal code the task of studying the following: (1) Whether existing criminal penalties for violations of specified telephone solicitation statutes should be increased. (2) The potential effects of increasing criminal penalties for violations of the statutes on: (A) the ability of the office of the attorney general to enforce compliance with the statutes; and (B) the state's criminal justice system. (3) Reconciling state and federal laws concerning the Do Not Call registry and other telephone privacy laws.
Sponsor: Jeff Ellington
Rehabilitation and community based services. Requires the division of disability and rehabilitative services (division) to develop a plan to establish a statewide crisis assistance system program for individuals with developmental disabilities and sets forth requirements of the program. Establishes a task force until December 31, 2025, for assessment of services and supports for people with intellectual and other developmental disabilities (task force). Provides that the task force shall meet twice a year to receive a report from the office of the secretary of family and social services (office) on the implementation of the comprehensive plan of implementation of community based services provided to people with intellectual and other developmental disabilities (implementation plan). Provides that: (1) at the first annual meeting, the office shall report on the progress made in implementing each recommendation of the implementation plan; and (2) at the second annual meeting, the office shall report any legislative changes needed to implement any recommendation of the implementation plan. Requires the division to determine and assess certain components of the vocational rehabilitation services program and serve specified individuals upon determining sufficient staffing and financial resources. Requires the division of disability and rehabilitative services, in coordination with the task force, to establish new priority categories for individuals served by a waiver.
Sponsor: Edward Clere
Building standards. Removes language that relates to the temporary rules and regulation of sanitary conditions and sanitary facilities of Class I structures. Adds certain elevator standards to the list of national codes, or their equivalent, that the fire prevention and building safety commission (commission) shall adopt to comply with the statewide code of fire and safety building laws. Removes the requirement that the commission shall adopt the most recent edition, including addenda, of ASME A17.3 (Safety Code for Existing Elevators and Escalators, an American National Standard). Allows the department of homeland security (department) to request certain types of documentation to determine that work conducted on a regulated lifting device was performed by a licensed individual. Requires the commission to adopt national codes within 24 months after the effective date of the national code. Provides that the commission may not adopt an amendment to a national code if the amendment will unreasonably impair safety. Allows the commission to set a fee that is less than the standard fee for certain permits if the acceptance inspection is performed by an inspector that is not employed by the department. Requires an individual who is renewing an operating certificate to submit all safety test results when making application for the renewal operating certificate. Removes obsolete sections. Makes conforming changes.
Sponsor: Ronnie Alting
Interim study committee. Urges the legislative council to assign to the interim study committee on education the topic of studying: (1) the feasibility of integrating the membership of and merging the responsibilities of the Indiana state board of education and the governor's workforce cabinet to continue the process of aligning Indiana's education system; and (2) the governance structure and legislative oversight of education, including the composition of the state board of education, the governor's workforce cabinet, and the commission for higher education.
Sponsor: Victoria Spartz
Education matters. Requires each teacher preparation program to report the following to the department of education (department): (1) The number of teacher candidates in each content area who complete the teacher education program during the year, disaggregated by ranges of cumulative grade point average. (2) The number of teacher candidates in each content area who, during the year: (A) do not pass a content area licensure examination; and (B) do not retake the content area licensure examination. (This is in addition to other information each teacher preparation program is required to report under current law.) Provides that a teacher preparation program must provide underlying data, as determined by the department, used as part of calculating the teacher preparation program's retention rates. Requires the department to: (1) annually prepare a report that includes certain information regarding teachers licensed in Indiana; (2) submit, before October 1 each year, the report to the legislative council and the interim study committee on education; and (3) post the report on the department's Internet web site.
Sponsor: Jeff Raatz
Charter school matters. Increases the membership of the Indiana charter school board (board) from seven to nine. Authorizes the governor to appoint four members to the board, not more than two of whom may be members of the same political party. (Under current law, the governor appoints two members who may not be members of the same political party.) Provides that the affirmative votes of a majority of the members present are required for the board to take action as opposed to the affirmative votes of a majority of the voting members appointed to the board. Adds a representative from the Arc of Indiana to the list of members who must be included on the state advisory council on the education of children with disabilities. Allows a charter school to limit admissions to allow siblings of student alumni of a charter school or a charter school held by the same organizer to attend the same charter school. Provides that a student who attends a charter school co-located with the charter school may receive preference to admission to the charter school if the preference is specifically provided for in the charter school's charter and is approved by the charter school's authorizer. Adds educational service centers to a provision relating to employee wage payment arrangements. Provides that the governing body of a school corporation may allow, by written authorization, the use of a school bus or a special purpose bus for the transportation of adults at least 65 years of age or disabled adults. Reduces the time frame that a school corporation must make a vacant or unused school building available to a charter school. Provides that, if a school corporation does not comply with the requirements regarding a vacant or unused school building and charter schools, the school corporation must submit any proceeds from the sale of the vacant or unused school building to the state board of education (state board) to provide grants under the charter school and innovation grant program. Requires a school corporation to sell certain vacant school buildings to an accredited nonpublic school or postsecondary educational institution for an amount not more than the minimum bid for the school building or an amount agreed to by both parties. Provides that, in determining whether to accept a proposal to purchase and redevelop a school building that has a square footage that exceeds 200,000 gross square feet and any adjacent property, the governing body must ensure that a charter school that has notified the governing body in writing of its interest in locating the charter school on the redeveloped site is provided adequate facilities on the redeveloped site. Provides that, if the state board directs a special management team to apply for charter school status for a school, the state board shall notify the charter school authorizer selected for application by the special management team of the state board's decision to direct the school to apply for charter status.
Sponsor: Robert Behning
Construction managers as constructors. Repeals a provision in the construction manager as constructor statute that establishes a time period for public agencies (other than state educational institutions) to use the construction manager as constructor statute. Provides that for purposes of the construction manager as constructor statute, the term "public agency" includes a public library and the health and hospital corporation.
Sponsor: Gerald Torr
Broadband development. Establishes the rural broadband fund for the purpose of awarding grants: (1) before August 1, 2019, under the existing statute governing grants for qualified broadband projects for unserved areas in Indiana; and (2) after July 31, 2019, under new procedures governing grants for eligible broadband projects for rural areas in Indiana. Requires the office of community and rural affairs (office) to establish procedures for the awarding of grants from the fund after July 31, 2019, by state agencies to eligible broadband service providers for eligible broadband projects in rural areas of Indiana. Provides that the procedures established by the office must establish specified priorities for the awarding of grants, based on the available Internet speeds in a particular area. Provides that the procedures established by the office may not permit the awarding of a grant from the fund for any proposed broadband project in an area in which eligible broadband service is available. Provides that the procedures established by the office may not permit the office to award a grant from the fund for any project in a rural area for which funding has been allocated from certain federal funding programs. Provides that the procedures established by the office must establish a system of priorities for awarding grants, weighted as determined by the office in guidelines adopted by the office, that gives preference to eligible broadband projects that meet certain specified criteria. Requires an eligible broadband service provider awarded a grant to sign with the office a grant agreement that: (1) outlines a start date and an end date for completion of the project; and (2) conditions the release of any grant funds on the progressive completion of the project. Beginning in 2020, requires the office to submit to the general assembly an annual report on the awarding of grants under these procedures during the most recent state fiscal year. Provides that every three years, beginning in 2021, the state board of accounts shall conduct an audit of the awarding of grants from the fund during the most recent three state fiscal years. Provides that a communications service provider that holds a certificate of territorial authority shall be designated as a public utility solely as that term is used in federal law that allows a state to exempt a public utility from the federal law's requirement that the state must charge fair market value for the use of real property acquired by the state using federal transportation funding. Provides that the department of transportation (INDOT) may not charge an access rate or any other recurring charge or recurring fee for communications infrastructure that is located before May 1, 2019, in any rights-of-way that are owned or controlled by INDOT. Specifies that INDOT may charge routine right-of-way permit fees to enter INDOT's rights-of-way for the maintenance of existing facilities. Provides that the department may create a broadband corridor program to manage communications infrastructure along or within limited access highway rights-of-way. Specifies that for purposes of the broadband corridor program, "communications infrastructure" does not include privately owned vertical structures used primarily for providing wireless communications service. Provides that: (1) INDOT may not unreasonably discriminate among entities requesting access to broadband corridors or other INDOT controlled rights-of-way; and (2) the bill's provisions prohibiting INDOT from discriminating among such entities do not abrogate or limit INDOT's statutory authority to safely and efficiently manage and operate the state highway system and associated highway rights-of-way. Provides that, before July 1, 2020, INDOT shall adopt rules to provide that, as used throughout the department's administrative code regarding utility facility relocation for purposes of construction contracts, "utility" has the meaning set forth in federal law concerning utility relocations, adjustments, and reimbursement.
Sponsor: Mark Messmer
Notice and hearings on child relocation. Changes certain procedures governing the relocation of a child in cases in which custody orders are issued following a determination of paternity and in cases heard under statutes governing custody and visitation. Requires parties to share certain contact information unless a court finds that disclosure of the information creates a significant risk of substantial harm to an individual otherwise required to disclose the information or to the child. Requires a relocating individual to serve a notice of intent to move on interested parties under the Indiana Rules of Trial Procedure. Specifies circumstances in which
Sponsor: Randall Head
Agricultural matters. Provides that a county, city, town, or township may not adopt or continue in effect any ordinance, rule, regulation, or resolution prohibiting the establishment or maintenance of beekeeping on property that the person owns, rents, or leases. Specifies that a county, city, town, or township may adopt an ordinance, rule, regulation, or resolution that regulates certain aspects of beekeeping.
Sponsor: Ronald Grooms
Claims concerning user fees. Defines the term "user fee" as a fee, rate, or charge imposed by a political subdivision: (1) that represents a just, reasonable, and proportionate approximation of the use or privilege for use of a service, the benefit conferred by the use or privilege for use of a service, and the costs incurred by a political subdivision for providing the service or availability of the service; and (2) that is not excessive in relation to the costs incurred for providing the service. Provides that, in a taxpayer's appeal of a property tax assessment, a taxpayer may not raise any claim related to the legality or constitutionality of: (1) a user fee; (2) any other charge, fee, or rate imposed by a political subdivision; or (3) any tax imposed by a political subdivision other than a property tax. Provides that: (1) all circuit courts; (2) all standard superior courts; and (3) all superior courts that are not standard superior courts; have original and concurrent jurisdiction over claims concerning user fees. Makes a technical correction.
Sponsor: Ed Charbonneau
Voiding and releasing claims in land interests. Adds a provision to the statute concerning marketable title for real property to provide that, after a person has filed a claim for an interest in land, the claim is void if: (1) the owner of the property subject to the claim (or any person having an interest in the property) provides written notice to the claimant to file an action to enforce the claim; and (2) the claimant fails to file, within 30 days after receiving the notice to enforce the claim, an action to enforce the claim in the county where the property is located. Provides that upon the claimant's failure to file an action to enforce the claim within the 30 day period, the person who provided the notice to the claimant may file with the recorder of the county where the property is located an affidavit stating that the person has served notice on the claimant to enforce the claim and that no action for enforcement of the claim is pending. Requires the county recorder to record the affidavit of service. Requires that an affidavit of service must also include a reference to the recording information for the recorded notice of claim. Requires that, when the county recorder records the affidavit of service, the recorder must include a reference to the recorded notice of claim in the record book. Allows a county recorder to certify certain records by cross reference to the records, rather than on the records themselves.
Sponsor: Blake Doriot
Criminal matters. Provides that a person commits interfering with law enforcement, a Class B misdemeanor, if, after being denied entry by a law enforcement officer, the person enters an area that is marked off with barrier tape or other physical barriers. Provides a defense if the person enters the prohibited area due to a reasonable belief that certain family members were injured or were at risk of injury. Increases the penalty if the person uses a vehicle, draws or uses a deadly weapon, or causes injury or death to another person. Provides that resisting or interfering with law enforcement is enhanced to a Level 6 felony if the person uses a vehicle to commit the offense. (Under current law, the felony enhancement to resisting law enforcement applies only if the person flees from law enforcement using a vehicle.)
Sponsor: Doug Miller
Traffic crimes. Provides that an operator of a motor vehicle who: (1) operates a motor vehicle after the operator's driving privileges have been suspended or revoked; and (2) causes an accident that results in injury or death to another person; commits a separate offense for each person injured or killed as a result of an accident caused by the operator. Provides that an operator of a motor vehicle who leaves the scene of an accident that: (1) was caused by the operator; and (2) involves injury to another person; commits a separate offense for each person injured by an accident caused by the operator. Provides that leaving the scene of an accident involving moderate bodily injury is a Level 6 felony. Makes the penalty for leaving the scene of an accident involving the death or catastrophic injury of another person a Level 4 felony. Increases the penalty for causing serious bodily injury when operating a motor vehicle while intoxicated from a Level 6 felony to a Level 5 felony. Enhances the penalty for the offense to a Level 4 felony if the person has a previous conviction for the offense. Makes the penalty for causing the death or catastrophic injury of another person when operating a motor vehicle while intoxicated a Level 4 felony in certain instances. Provides that an operator of a motor vehicle who: (1) is a habitual traffic violator; and (2) causes an accident that results in the injury or death of another person; commits a separate offense for each person injured or killed as a result of an accident caused by the operator. Allows multiple sentences for the offense to be served consecutively in certain instances. Provides that the operator of a motor vehicle who: (1) flees from a law enforcement officer; and (2) causes an accident resulting in bodily injury, serious bodily injury, catastrophic injury, or death of another person; commits a separate offense for each person injured or killed as a result of the operator's vehicular flight from police. Allows multiple sentences for the offense to be served consecutively in certain instances. Defines "catastrophic injury" and increases the penalty for certain offenses involving catastrophic injuries. Specifies that "metabolites" refers to metabolites in a person's blood. Makes conforming amendments.
Sponsor: Eric Koch
Charity gaming. Allows the Indiana gaming commission (commission) to issue annual casino night licenses to certain bona fide civic organizations. Limits the number of bona fide civic organizations that may hold an annual casino night license to one in each county and establishes criteria for the commission to apply in awarding a license. Removes requirements that certain operators be a resident of Indiana. Provides requirements for an operator of a qualified organization. Specifies that a license is valid for two years.
Sponsor: Erin Houchin
Economic development. Provides that the Indiana economic development corporation (IEDC) may renew an enterprise zone that is established in an inactive or closed military base (enterprise zone) for not more than 10 years subject to certain criteria. Provides that a reuse authority, following the expiration of an enterprise zone over which the reuse authority had jurisdiction, may, subject to the approval of the IEDC, certify a business that is located within the boundaries of the enterprise zone for a tax credit, deduction, or exemption that could have been available to the business had the enterprise zone not expired. Provides that a business that is certified by a reuse authority to receive a tax credit, deduction, or exemption must assist the reuse authority in an amount determined by the reuse authority. Provides that a zone business that received a tax credit, deduction, or exemption in an enterprise zone before the phase out of the enterprise zone and claims the tax credit, deduction, or exemption after the phase out must pay to the reuse authority the same fee or amount that the zone business would have paid to the urban enterprise association before the expiration of the enterprise zone. Provides that the IEDC shall make a determination on grants from the twenty-first century research and technology fund (fund) to a district board established in Lafayette or Fort Wayne by September 1 if a district board established in Lafayette or Fort Wayne applies for a grant.
Sponsor: Chris Garten
Criminal law issues. Allows certain individuals who commit an offense in a penal facility to be sentenced to the department of correction. Urges the legislative council to assign an appropriate study committee to study the topic of the implementation of HEA 1006-2014.
Sponsor: Eric Koch
Licensed professionals and child service agencies. Provides for the behavioral health and human services licensing board to issue a temporary permit to practice bachelor's degree social work to an individual who meets the educational requirements for a license as a bachelor's degree social worker. Exempts from licensure individuals who have completed a bachelor's degree in social work and are employed in a position for which the department of child services (department) has specified that other individuals with a bachelor's degree in certain other fields of study do not need to be licensed. Requires the department to prepare and submit to the general assembly a report: (1) concerning the department's progress in collaborating with providers that are subject to audits; and (2) that includes a plan for streamlining the auditing process for accredited and non-accredited providers. Requires the department to implement the streamlined auditing plan not later than July 1, 2020.
Sponsor: Erin Houchin
Electric bicycles. Defines the term "electric bicycle" as a bicycle equipped with: (1) operable pedals; and (2) an electric motor with a power output not greater than 750 watts. Provides that an electric bicycle is not a motor vehicle. Provides that the operator of an electric bicycle is: (1) subject to all of the duties; and (2) entitled to all of the rights and privileges; of a bicycle operator. Provides that an electric bicycle shall be regulated as a bicycle. Provides certain exceptions. Exempts the operator of an electric bicycle from motor vehicle statutes concerning: (1) driver's licenses; and (2) financial responsibility. Exempts electric bicycles from motor vehicle statutes concerning: (1) certificates of title; (2) registration; and (3) off-road vehicles. Requires manufacturers and distributors of electric bicycles to affix and prominently display a label with the following information on each electric bicycle: (1) The class level of the electric bicycle. (2) The top assisted speed of the electric bicycle. (3) The total power output of the electric bicycle's electric motor. Requires all electric bicycles to comply with certain requirements adopted by the United States Consumer Product Safety Commission. Requires all electric bicycles to be equipped with an electric motor that disengages or ceases to function when the operator: (1) stops pedaling; or (2) applies brakes. Specifies where electric bicycles may be operated. Allows a local authority or state agency with jurisdiction over a trail, bicycle path, or multipurpose path to regulate the use of electric bicycles on a trail, bicycle path, or multipurpose path subject to the local authority's or state agency's jurisdiction. Prohibits a person less than 15 years of age from operating certain electric bicycles. Allows a person less than 15 years of age to ride as a passenger on certain electric bicycles. Requires a properly fitted and fastened helmet capable of meeting certain safety standards to be worn by certain individuals when operating or riding on certain electric bicycles. Requires the operator of a motor vehicle to provide at least 3 feet of clearance when passing or overtaking an electric bicycle in certain instances. Defines certain terms. Makes conforming amendments.
Sponsor: Edmond Soliday
Telecoil and beacon positioning systems. Requires the fire prevention and buildings safety commission (commission) to adopt rules requiring that a person performing new construction or any major alteration of an existing public address system in a Class 1 structure located in a first or second class city after June 30, 2020, must consider the installation of an audio frequency induction loop system (AFIL) and a beacon positioning system. Requires that the person performing new construction or any major alteration of an existing facility's public address system to solicit at least one bid for the installation of an AFIL and at least one bid for the installation of a beacon positioning system. Requires the commission to: (1) adopt standards of the American National Standards Institute (ANSI) and International Electrotechnical Commission (IEC) for installation, maintenance, and performance of audio frequency induction loop systems; and (2) develop standards for installation and maintenance of beacon positioning systems. Requires audiologists, individuals who hold a hearing aid dealer certificate of registration, and individuals who fit or dispense hearing aids while under the supervision and direction of an individual who holds a hearing aid dealer certificate of registration to provide information about telecoil and AFILs when fitting and dispensing hearing aids.
Sponsor: Doug Miller
Administrative law judges. Establishes the office of administrative law proceedings (office) within the state personnel department to hear certain administrative proceedings that result in a finding of fact determining the legal rights, duties, or privileges of a party after an opportunity for an evidentiary hearing. Specifies the administrative proceedings over which the office has jurisdiction. Provides a list of agencies over whose administrative proceedings the administrative law judges from the office do not preside. Provides that the office shall have a director who is responsible for administering the office, hiring administrative law judges, and assigning administrative law judges to administrative proceedings. Makes conforming amendments.
Sponsor: Gregory Steuerwald
Nonconsensual pornography. Defines "intimate image" and provides that a person who: (1) knows that an individual does not consent to the distribution of an intimate image of the individual; and (2) distributes the intimate image on the Internet; commits internet distribution of an intimate image, a Class A misdemeanor. Increases the penalty to a Level 6 felony for a second or subsequent offense.
Sponsor: Aaron Freeman
Survivor benefits. Provides that a surviving spouse or a surviving dependent of a member of the public employees' retirement fund (PERF) or the Indiana state teachers' retirement fund (TRF) who dies after June 30, 2018, and before the member retires from PERF or TRF is entitled to a survivor benefit, regardless of whether the member dies in service in a position covered by PERF or TRF or out of service, if: (1) the member has at least 10 years of creditable service; and (2) the surviving spouse or surviving dependent otherwise qualifies for the benefit. Makes conforming changes. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)
Sponsor: Martin Carbaugh
Traffic amnesty program. Establishes a temporary traffic amnesty program to permit certain persons owing unpaid traffic fines, or who may be required to pay a fee for reinstatement of driving privileges, to obtain a reduction in the amount owed or amount payable. Specifies that a person seeking a reduction in fees owed is not required to pay a court filing fee. Provides that as part of the traffic amnesty program a person must: (1) pay the driving privileges reinstatement fee to the bureau of motor vehicles (bureau); (2) provide proof of financial responsibility to the court; and (3) not be ineligible to have the person's driving privileges reinstated. Provides that the court must transmit a copy of its order to the bureau in a manner prescribed by the bureau. Specifies that a petition for traffic amnesty is not an admission of guilt, and requires a court to include in its order granting amnesty that the order is not a conviction, finding of guilt, or finding of liability. Makes a technical correction.
Sponsor: Robin Shackleford
Machine guns. Defines "machine gun". Provides that a person may not sell, give, or in any other manner transfer ownership or possession of a machine gun to any person under 18 years of age. Provides that a person who knowingly or intentionally sells, provides, or in any other manner transfers ownership or possession of a machine gun to a person under 18 years of age commits a: (1) Level 5 felony; (2) Level 4 felony if the person has a prior conviction for the offense; or (3) Level 3 felony if a person under 18 years of age uses the machine gun to commit murder. Makes conforming amendments and a technical correction.
Sponsor: James Tomes
Funding for child welfare programming. Provides that the department of child services (department) may collaborate with other entities to implement or participate in programs designed to connect the department and local offices with supportive local community organizations that may provide assistance in meeting the needs of children and families in crisis. Requires the department to report, before September 30 of each year until June 30, 2024, to the legislative council information concerning the implementation and participation in the programs.
Sponsor: Andy Zay
Theft by public servants. Specifies that in the case of a public servant who criminally exerts unauthorized control over public funds of the public servant's employer, the employer may be reimbursed from the public servant's public pension fund contributions and benefits. Provides that the employer may withhold payment of the public servant's contributions and interest during the pendency of the criminal case, but may not withhold the: (1) monthly pension portion of a retired public servant; or (2) disability benefits of a public servant who becomes disabled; during that time. Provides that assets of the judges' retirement system and the prosecuting attorneys retirement fund are exempt from levy, sale, garnishment, attachment, or other legal process. (Current law provides similar exemptions for certain funds administered by the Indiana public retirement system.)
Sponsor: Ryan Lauer
Veterans affairs. Requires the office of judicial administration with the United States Department of Veterans Affairs to identify and address the needs of veterans in the court system.
Sponsor: Dennis Zent
School safety. Provides that the Indiana safe schools fund may not be used to provide grants to employ a school resource officer or a law enforcement officer. Provides that an Indiana secured school fund matching grant may be used to employ a law enforcement officer. Provides that an accredited nonpublic school may receive a grant from the Indiana secured school fund (fund). Makes changes to the maximum grant amounts that a school corporation, charter school, accredited nonpublic school, or coalition of schools may receive from the fund. Provides that a virtual charter school or a virtual accredited nonpublic school may not receive a grant from the fund. Establishes minimum grant match percentages necessary to be eligible to receive a grant from the fund. Provides that, before July 1, 2021, each school corporation, charter school, or accredited nonpublic school shall certify to the department of homeland security that the school corporation, charter school, or accredited nonpublic school has conducted a threat assessment for each school building used by the school corporation, charter school, or accredited nonpublic school before applying for a fund matching grant. Requires that at least one of the manmade disaster drills that is required to be conducted by each school in a school corporation during each semester must be an active shooter drill and must be conducted within 90 days after the beginning of the school year. Provides that each: (1) accredited nonpublic school; and (2) charter school; must conduct at least one active shooter drill during each school year.
Sponsor: Wendy McNamara
Performance and payment bonds. Provides that for public-private BOT agreements, public-private agreements for toll road projects, and public-private partnership agreements for transportation projects entered into after June 30, 2019, a performance bond must be for not less than 50% of the cost to design and construct the project and a payment bond must be for not less than 100% of the cost to design and construct the project.
Sponsor: Matthew Lehman
Department of child services. Provides that an older youth who received foster care is eligible to receive collaborative care services until the individual becomes 21 years of age. Provides that the caseload of a family case manager may not be more than: (1) 12 active cases relating to initial assessments; (2) 12 families in active cases relating to ongoing in-home services; or (3) 13 children in active cases relating to ongoing services who are in out-of-home placements. Requires the department of child services (department) to initiate an assessment immediately, but not later than two hours (rather than one hour, under current law), after receiving a report of child abuse or neglect if the department believes the child is in immediate danger of serious bodily harm. Requires the department to provide a report concerning an assessment or investigation of a report of suspected child abuse or neglect not later than 45 days after the department initiates the assessment if the report of suspected child abuse or neglect was received from certain entities. Provides that a child is a child in need of services if the child's parent, guardian, or custodian has failed to supply the child with necessary food, clothing, shelter, medical care, education, or supervision: (1) when the parent, guardian, or custodian is financially able to do so; or (2) due to the failure, refusal, or inability of the parent, guardian, or custodian to seek financial or other reasonable means to do so. (Current code does not consider financial ability.)
Sponsor: Gregory Steuerwald
Drug dealing. Adds an item to the existing list of enhancing circumstances for offenses relating to controlled substances. Provides that an enhancing circumstance means that the person knowingly committed the offense in, on, or within 100 feet of a drug treatment facility.
Sponsor: Eric Koch
State board of accounts. Makes various changes to statutes concerning the state board of accounts (board). Provides that an examination of an entity shall be limited to matters relevant to the use of public money received by the entity. Relocates language addressing examinations of certain not-for-profit corporations. Provides that an examination of a not-for-profit corporation that derives at least 50% but less than $750,000 (rather than $200,000, under current law) of its disbursements from appropriations, public funds, taxes, and other sources of public expense shall be limited to matters relevant to the use of the public money received by the entity. Provides that an individual may confidentially report suspected malfeasance, misfeasance, or nonfeasance that involves an individual who has responsibility for administering public funds on behalf of an entity. Expands the list of individuals to whom the board may disclose examination workpapers and investigation records. Makes changes to the procedure governing the payment of delinquent property taxes and specifies how delinquent property tax payments are to be applied. Eliminates a requirement that the county auditor transmit a monthly financial report to the board. Authorizes a county fiscal body to establish a salary schedule that includes greater compensation for the presiding officer or secretary of the county fiscal body or county executive if certain conditions are satisfied. Defines "compensation" for purposes of statutes concerning compensation paid to elected county, city, town, and township officials (local elected officials). Provides that certain information must be included in an ordinance establishing compensation for local elected officials. Makes corresponding changes. Renames the board trust and agency fund the examinations fund. Annually appropriates money in the fund for the payment of the board's expenses for examinations. Provides that money in the fund does not revert to the state general fund. Requires that the board certify the expense incurred for an examination as needed.
Sponsor: Matthew Lehman
Regulation of hemp. Establishes the Indiana hemp advisory committee (committee) to provide advice to the office of the state seed commissioner (commissioner) regarding Indiana's hemp laws. Sunsets the committee on July 1, 2021. Prohibits the commissioner from regulating a hemp product. Changes references from "industrial hemp" to "hemp" and amends the definition of hemp. Adds a definition of "hemp product". Allows for aerial inspection of hemp crops. Removes the limitation on the number of inspections that the state police department may conduct on a licensed hemp operation. Allows the commissioner to perform a criminal background check of an applicant for
Sponsor: Randall Head
School bus safety. Requires a school bus to be equipped with black reflective tape mounted on certain areas of the school bus. Provides that if a school bus is in operation and transporting passengers, the driver of the school bus shall have the daytime running lights illuminated at all times. Provides, in the case of an individual who commits a school bus stop arm infraction, that the court may suspend the individual's driving privileges: (1) for 90 days; or (2) if the individual has committed at least one previous school bus stop arm infraction, for one year. Increases the penalty, from a Class B misdemeanor to a Class A misdemeanor, for an individual who recklessly passes a school bus when its stop arm is extended on a roadway or a private road. Increases the penalty, from a Class A misdemeanor to a Level 6 felony for an individual who recklessly passes a school bus when its stop arm is extended if the action results in injury, and to a Level 5 felony for an individual who recklessly passes a school bus when its stop arm is extended if the action results in death. Provides that the court may suspend the driving privileges of a person who recklessly passes a school bus when its stop arm is extended: (1) for 90 days; or (2) if the person has committed at least one previous school bus arm offense, for one year. Provides that a person who has the person's license suspended may not obtain specialized driving privileges. Requires a school bus driver to: (1) use an arm signal device, which must be extended while the bus is stopped, whenever a school bus is stopped on a roadway or a private road to load or unload a student; and (2) use flashing lights to give adequate warning that the school bus is stopped or about to stop on the roadway or the private road to load or unload a student. Provides that on or before September 1, 2019, and each September 1 thereafter, each school corporation, charter school, or accredited nonpublic school that provides transportation for students must review each school's school bus routes and school bus safety policies to improve the safety of students and adults. Provides that the state school bus committee, in consultation with the department of education (department), shall develop and post on the department's Internet web site school bus safety guidelines or best practices. Provides that the department, in consultation with the department of transportation, shall include on the department's Internet web site information on how an individual or school may petition to reduce maximum speed limits in areas necessary to ensure that students are safely loaded onto or unloaded from a school bus. Provides that, with certain exceptions, when a school bus is operated on a: (1) U.S. route or state route, the driver may not load or unload a student at a location that requires the student to cross a roadway unless no other safe alternatives are available; and (2) street or highway other than a U.S. route or state route, the driver shall load and unload a student as close to the right-hand curb or edge of the roadway as practicable. Provides that, if a school bus driver must load or unload an elementary school student at a location on a U.S. or state route, the superintendent or superintendent's designee must present the school bus route to the school board for approval. Adds school bus safety to the topics required to be on an examination for a learner's permit or driver's license. Provides that the governing body of a school corporation may allow, in certain situations, the use of a school bus or special purpose bus for the transportation of adults with physical or intellectual disabilities. Provides that the governing body of a school corporation may allow, by written authorization, the use of a school bus owned in whole or in part by the school corporation for the transportation needs of a nonprofit organization exempt from certain provisions related to federal taxation under the Internal Revenue Code. Expands the list of purposes for which a school corporation may use a special purpose bus to provide transportation and makes a corresponding change to the requirements for an operator of a special purpose bus. Provides that the court may assess a safe schools fee, of at least $200 but not more than $1,000, to an individual convicted of recklessly passing a school bus when the stop arm is extended. Provides that 25% of the safe schools fees collected by a circuit court shall be deposited in the county general fund. Provides that 25% of the safe schools fees collected by a city or town court shall be deposited in the city's or town's general fund. Provides that a school corporation, charter school, or nonpublic school (collectively, referred to "qualified school district") with at least one employee may purchase, install, and operate school bus stop arm cameras. Provides that if a qualified school district purchases or uses certain school bus equipment, the qualified school district may petition the county council or township board (in a county containing a consolidated city) to receive reimbursement to pay for in full certain school bus equipment.
Sponsor: Randall Head
Use of Social Security numbers in credit files. Requires a consumer reporting agency that uses a Social Security number as a factor in determining whether a file matches the identity of the subject of a credit inquiry to ensure that the name and at least one additional identifier of the subject matches the name and the same identifier in the file.
Sponsor: Ryan Lauer
Education studies. Urges the legislative council to assign to the interim study committee on education during the 2019 through 2022 interims the following: (1) The study of how to: (A) eliminate, reduce, or streamline the number of education mandates placed on schools; and (B) streamline fiscal and compliance reporting to the general assembly on a sustainable and systematic basis. (2) The review of certain provisions relating to professional development, development of policies, reporting requirements, and curriculum requirements of schools. Urges the legislative council to assign to the interim study committee on education the task of studying in the 2019 interim the cost and benefits of virtual schools in relation to public school corporations and public school students.
Sponsor: Anthony Cook
Regulation of physical therapists. Establishes the Indiana board of physical therapy (board). (Current law regulates physical therapy under the medical licensing board, with certain functions delegated to the Indiana physical therapy committee.) Creates a new definition of "physical therapy" and adds or amends other definitions. Amends certain prohibited acts to include business entities. Adds physician assistants and nurse practitioners to the list of persons who may issue an order to a physical therapist. Allows a physical therapist to treat a patient for 42 days without a referral from a provider. (Current law allows treatment for 24 days.) Provides that certain individuals are exempt from license and certification requirements. Adds a physical therapist assistant to the board and removes the physician member. Establishes requirements for physical therapists and physical therapist assistants who have been educated outside the United States. Establishes requirements to sit for the licensure and certification examinations. Allows the applicant to take the examination not more than six times. Allows the board to disqualify an applicant for certain acts related to the examination. Requires a person who seeks reinstatement for a lapsed license to demonstrate evidence of continuing competence. Establishes certain responsibilities for physical therapists. Allows a physical therapist assistant to work under a physical therapist. Transfers the rules, duties, and records concerning physical therapy from the medical licensing board to the board. Makes conforming changes.
Sponsor: Mark Messmer
Worker's compensation. Provides that, for worker's compensation purposes, an employee who leaves work to serve as a volunteer firefighter or member of a volunteer emergency medical services association (volunteer member) is considered an employee of the firefighting unit while in the performance of duties as a volunteer firefighter or volunteer member. Increases the maximum amount of burial expenses that an employer must pay under the worker's compensation act for the burial expenses of a covered employee who dies from an injury by an accident arising out of the employee's employment from $7,500 to $10,000. Increases the maximum amount of burial expenses that an employer must pay under the worker's occupational diseases compensation act for the burial expenses of an employee who dies from an occupational disease arising out of the employee's employment from $7,500 to $10,000.
Sponsor: Matthew Lehman
Bureau of motor vehicles. Provides that if one or more of the following taxes have not been paid for one or more preceding years, the bureau of motor vehicles may collect only the tax for the year immediately preceding the current registration year, the current registration year, and the year immediately following the current registration year: (1) The county vehicle excise tax. (2) The county wheel tax. (3) The municipal vehicle excise tax. (4) The municipal wheel tax. (5) The motor vehicle excise tax. (6) The recreational vehicle excise tax. (7) The commercial vehicle excise tax. (8) The boat excise tax. Specifies to which vehicles a county vehicle excise tax, county wheel tax, municipal vehicle excise tax, and municipal wheel tax apply. Provides that an owner who has paid a surtax or wheel tax and moves out of state may be entitled to a refund. Specifies the minimum and maximum vehicle registration periods for a vehicle with an: (1) expired; and (2) unexpired; registration. Requires that all copies of all ordinances that impose, rescind, or change the rate or amount of a surtax or wheel tax be submitted in a manner prescribed by the bureau of motor vehicles (bureau). Provides that the maximum design speed for a low speed vehicle is 25 miles per hour. (Current law provides for 35 miles per hour.) Provides that, in certain instances, off-road vehicles and snowmobiles need to be registered. Provides that, during the registration or registration renewal process, the bureau may provide information concerning a manufacturer issued motor vehicle safety recall to the registered owner of a motor vehicle subject to an ongoing recall. Specifies that the bureau may not charge a fee for providing information concerning an ongoing, manufacturer issued safety recall. Provides that: (1) the bureau; (2) the commissioner of the bureau; (3) employees of the bureau; and (4) third party vendors responsible for providing the bureau with manufacturer issued safety recall information; are immune from civil liability for any act or omission related to the bureau providing safety recall information. Provides that a person may transfer a plate from a wrecked or destroyed vehicle to a vehicle acquired or owned by the person. Removes the provisions providing for a probationary period for independent colleges under the special group recognition license plate program. Provides that the Indiana department of transportation must review plans for general vehicle platoon operations. (Current law provides that the commissioner of the bureau must review plans). Specifies that an individual who is 75 years of age or older may renew an operator's, chauffeur's, or public passenger chauffeur's license by mail or electronic service if the individual provides proof of an eyesight examination with the renewal application. Establishes distribution by percentage of fees paid for reinstatement of driving privileges. Specifies that a court may waive part or all of a reinstatement fee for driving privileges. Removes the requirement that an emergency contact for the purposes of the emergency contact data base must hold a valid credential. Requires an individual seeking a license to be a driver education instructor to be currently employed or have an employment offer from a licensed driver training school. Requires a rider coach trainer to meet standards established by the bureau for instructors in motorcycle safety and education. (Current law requires that the standards be equivalent to or more stringent than those established by the Motorcycle Safety Foundation.) Requires an applicant from a foreign country that has a reciprocity agreement with the bureau for obtaining an operator's license to possess a valid driver's license for the type of vehicle being operated or the equivalent from the foreign country. (Current law also allows the applicant to possess an international driving permit.) Specifies that the court may grant driving privileges to an individual whose driving privileges have been suspended for life: (1) for a specified period of time; and (2) subject to certain conditions. Requires an individual who has been granted driving privileges through a court order after the individual's driving privileges have been suspended for life to possess the order when operating a vehicle or produce the order upon request of a police officer. Provides that the bureau of motor vehicles may waive certain testing requirements for an applicant seeking a learner's permit or a driver's license in certain instances. Provides that the bureau of motor vehicles (BMV) may develop a system to issue mobile credentials. Provides that the BMV may issue, upon request of an applicant, a mobile credential when the applicant satisfies the requirements for application for an identification card or various licenses and permits. Provides the BMV with rulemaking authority to implement the mobile credential system. Defines mobile credential. Eliminates both the department of natural resources fee and the lake and river enhancement fee. Sets out the registration and renewal fees for motorboats. Makes conforming changes.
Sponsor: Edmond Soliday
Health facility requirements concerning residents. Requires a health facility to disclose to each prospective resident in writing: (1) information concerning the long term care ombudsman, including contact information for the long term care ombudsman and the state department of health; and (2) any policy under which a resident would be required to pay a full monthly rate regardless of whether the resident resides at the facility for the whole month. Requires that in the development and execution of a care plan for the resident that a health facility facilitate, at the request of the resident, the inclusion of a resident representative.
Sponsor: Terri Jo Austin
Income tax deductions. Increases the income tax deduction for income from military retirement or survivor's benefits beginning in 2019.
Sponsor: Robert Cherry
Monetary awards for exonerated prisoners. Defines "actually innocent" and specifies that a person whose conviction has been vacated and is actually innocent is entitled to compensation in the amount of $50,000 for each year that the person was wrongfully incarcerated in the department of correction or a county jail, subject to certain conditions. Establishes the exoneration fund (fund). Specifies that the criminal justice institute shall administer the fund and receive and process claims for compensation from the fund. Establishes a statute of limitations. Specifies fund eligibility requirements. Provides that a person's: (1) eligibility for; or (2) receipt of; proceeds from the exoneration fund does not prevent the person from applying for, enrolling in, or receiving the benefit of certain treatments, programs, or services if the person is otherwise eligible to receive the desired treatment or participate in the desired program or service. Provides that a person is not entitled to compensation in connection with the wrongful conviction: (1) if the person has previously received an award of damages in connection with the conviction; (2) while the person has a pending case; or (3) if the person does not execute a waiver. Specifies that the criminal justice institute may pay compensation only to the wrongfully incarcerated individual or to a guardian on behalf of the individual, and not to: (1) an estate; (2) a fiduciary; (3) a trust; or (4) an assignee; of the individual. Specifies that compensation from the fund is paid in equal sums over a five year period. Allows a person to appeal an adverse fund eligibility determination.
Sponsor: Gregory Steuerwald
Disposal of abandoned or derelict aircraft. Specifies that a "person" includes a political subdivision for purposes of the statute concerning liens for the repair, storage, servicing, or furnishing of supplies for certain motor vehicles, airplanes, machinery, and equipment. Establishes a procedure for the disposal and removal of an abandoned aircraft or a derelict aircraft from the premises of: (1) a public-use airport; or (2) a fixed-base operator at a public-use airport.
Sponsor: Mike Speedy
Business services of the secretary of state. Amends the law concerning the business practices of the secretary of state, including: (1) access to information maintained by the secretary of state; (2) use of electronic information and transmissions; (3) striking the current Uniform Commercial Code (UCC) financing statement form; adding use of a format that meets certain criteria for the filings; and amending the UCC fees; (4) adding to the requirement to include a notary public's Indiana county on an authentication certificate; (5) amending requirements concerning notary public examination and education; (6) prohibiting performance of a notarial act: (a) to benefit oneself or one's spouse; or (b) when a commission is suspended or revoked; (7) specifying a notarial act fee applies; (8) providing for issuance of a certificate of fact for a notary public per signature; (9) requiring maintenance of a remote notary public electronic journal for 10 years; and (10) providing for nonresident corporate service of process on the secretary of state. Repeals current law concerning excavation contractor filings and precontracting documentation of compliance with underground facility damage law. Requires the formatting of certain documents to be approved by the International Association of Commercial Administrators or the secretary of state. Specifies October 1, 2019, as the date for a fee increase concerning the indexing of certain documents. Makes the law concerning remote notarial acts applicable only to a remote notarial act performed after the earlier of the effective date of certain administrative rules or July 1, 2020. Increases the fee that a notary public may charge for a remote notarial act from $15 to $25. Provides that, for certain filings, the provision of an electronic mail address is discretionary. Makes a technical amendment and conforming changes.
Sponsor: Martin Carbaugh
School corporation expenditure targets. Provides that a school must specify in its proposed budget the anticipated amount it will transfer from its education fund to its operations fund during the budget year and requires an acknowledgment at its budget hearing of whether it will transfer more than 15% from its education fund to its operations fund. Requires the Indiana education employment relations board to annually prepare, publish, and submit a report to the budget committee and the legislative council that covers various employment information for school employees. Provides that a school corporation shall make every reasonable effort to budget and spend for its education fund so that not more than 15% of the revenue deposited in its education fund is transferred to its operations fund. Requires the department of education (department) to identify and notify those school corporations that transfer more than the 15% amount for the previous calendar year beginning in 2020. Requires a school corporation's governing body to publicly acknowledge receipt of a notice that the school corporation is on the list and publish on the school corporation's Internet web site that it is on the list along with related items. Requires the Indiana education employment relations board and the division of finance of the department to be available to provide assistance to each school corporation that is included on the list. Requires a school corporation that is not on the list to publish this fact on the school corporation's Internet web site. Provides that, if a school corporation is over the transfer target, the school corporation is required to explain its expenditures to the department and the fiscal and qualitative indicators committee. Provides that the department may require the school corporation to present its explanation to the fiscal and qualitative indicators committee at a public meeting. Permits the fiscal and qualitative indicators committee to issue a recommendation to the school corporation, and requires posting of the recommendation on the school corporation's Internet web site.
Sponsor: Dale DeVon
Election security. Requires the secretary of state to refer suspected criminal violations of election law for investigation by the appropriate prosecuting attorney. Establishes an administrative enforcement mechanism for enforcement of election laws other than campaign finance laws. Requires the statewide voter registration file to employ multi-factor authentication to restrict access. Allows a declination to register by the voter in certain circumstances to be used in determining whether a voter's address is current. Requires a communication that includes an absentee ballot application form to state certain information regarding the identity of the sender. Provides for administrative remedies for violations of this requirement. Requires the inspector to record certain data during election day regarding the number of voters waiting to vote. Requires voting system vendors to disclose certain information about foreign nationals who may control or have an ownership interest in the vendor. Specifies procedure for counting of absentee ballots cast on an electronic voting system. Urges the legislative council to assign to the interim study committee on elections the task of studying the topic of means for verification of voter registration data.
Sponsor: Erin Houchin
School administrator contracts. Provides that, unless a provision in a contract entered into or renewed between the governing body of a school corporation and a principal or an assistant principal before July 1, 2019, provides otherwise, the governing body of a school corporation may not pay to a principal or an assistant principal to buy out a contract an amount that exceeds an amount equal to the principal's or assistant principal's salary for any one year under the contract. Provides that, unless a provision in a contract entered into or renewed between the governing body of a school corporation and an assistant superintendent before July 1, 2019, provides otherwise, a governing body may not pay to an assistant superintendent to buy out a contract an amount that exceeds an amount equal to the lesser of: (1) the assistant superintendent's salary for any one year under the contract; or (2) $250,000. Requires that an initial employment contract entered into between the governing body of a school corporation and an assistant superintendent, a principal, or an assistant principal be at least one year and not more than three years. (Current law requires the initial contract between the governing body of a school corporation and a principal or assistant principal be the equivalent of at least two years.) Provides that a contract with an assistant superintendent, a principal, or an assistant principal may be extended for an additional three years.
Sponsor: Erin Houchin
Indiana horse racing commission. Requires the Indiana horse racing commission (IHRC) to adopt rules establishing the confidentiality of personal information on license applications. Prohibits a veterinarian appointed by the IHRC or employed by a permit holder from providing treatment, except in case of emergency, for a horse of the same breed registered for racing on the track of the veterinarian's employment, and prohibits an owner or trainer from paying compensation to a veterinarian for prohibited treatment. Provides that the IHRC may suspend an individual following a positive test of a horse for a foreign substance, abnormal levels of a natural substance, or impermissible medications. Authorizes the IHRC to approve and accept proof of financial responsibility from a permit holder before the beginning of a horse racing meeting in an alternative manner to posting a bond. Changes references to the secretary of the IHRC to the executive director of the IHRC. Provides for the testing of biological samples other than the blood, urine, and saliva of a horse. Makes changes to the appointment of members on breed development advisory committees. Provides that each horsemen's association, certain licensees, and any association for backside benevolence shall submit to an audit by an independent public accountant and submit the report to the IHRC. Provides that certain funds distributed to the breed development fund for thoroughbreds shall be distributed to the Indiana sired horses program. Makes technical corrections.
Sponsor: Robert Cherry
Financial institutions and consumer credit. Makes various changes to the statutes concerning: (1) first lien mortgage lenders; (2) persons licensed under the Uniform Consumer Credit Code (UCCC); (3) rental purchase agreements; (4) debt management companies; (5) banks; (6) credit unions; (7) pawnbrokers; and (8) money transmitters. Repeals a provision in the statute concerning rental purchase agreements that specifies that any up-front payment made by the lessee: (1) must be treated as an initial rental payment; (2) is subject to the disclosure requirements under the statute; and (3) may be in a sum larger than a regular rental payment. Prohibits leasing of, and rental purchase agreements involving, live domestic animals. Repeals a provision in the UCCC that provides that civil proceeding advance payment transactions (CPAP transactions) are subject to the UCCC. Strikes all provisions concerning CPAP transactions from the UCCC. Repeals provisions in the UCCC that define certain terms relating to CPAP transactions. Moves language in the UCCC applicable to the licensing of civil proceeding advance payment providers to the existing statute concerning civil proceeding advance payments and makes conforming amendments.
Sponsor: Charles Burton
Funding for veterans programs. Extends to 2021 the veterans pilot program that provides assistance for certain providers to provide diagnostic testing and hyperbaric oxygen treatment to veterans. (Under current law, the program expires June 30, 2020.) Eliminates the requirement that a veteran must pay a co-pay equal to 10% of the cost of treatment billed to the Indiana department of veterans' affairs (department) or the state department of health for diagnostic testing and hyperbaric oxygen treatment. Provides that an individual veteran may not be required to pay a co-pay under the program. Voids the rule of state department of health defining "co-pay" for purposes of the program. Requires the state department of health to adopt emergency rules to amend specified existing program rules to do the following: (1) Remove the requirement that a veteran must pay a co-pay equal to 10% of the cost of treatment billed to the department. (2) Provide that grants may not be made under the program after June 30, 2021.
Sponsor: James Tomes
Accounting by attorney in fact. Provides that an attorney in fact is required to render and deliver a written accounting if requested by a person who jointly owns an account with the principal. Provides that an attorney in fact may not render and deliver an accounting to the child of the principal, if a court has determined that the rendering and delivery of an accounting is not in the best interests of the principal.
Sponsor: Eric Koch
Various local government matters. Allows the governing body of a state or local government agency to discuss in an executive session strategy regarding a real estate transaction by the governing body. Allows the fiscal officer of a political subdivision to appropriate funds received from any private entity or individual for the purpose of repairing or replacing damaged property. (Current law allows only appropriation of funds from an insurance company.) Eliminates political party affiliation requirements for members of a utility service board or storm water management board. Allows a political subdivision to receive electronic bids for public work projects that exceed a certain amount, if the bid solicitation states the procedure for transmitting the electronic bid and the means of transmission protects the bid contents. Requires a political subdivision that receives electronic bids to provide electronic access to the notice of the bid solicitation through the computer gateway administered by the state office of technology in addition to newspaper publication. Provides that a hazardous tract of land containing a building that is not an unsafe building constitutes an unsafe premises and is subject to the unsafe building law. Specifies the procedure for notice by publication under the unsafe building law. Eliminates the requirement that a negotiable note for a public work project or eligible efficiency project be repaid by a political subdivision on January 1 and July 1 of each year of the note's term. Allows a drainage board to send written invitations for bids for construction work by electronic means. Resolves conflicts with HEA 1019-2019 and HEA 1115-2019.
Sponsor: Michael Karickhoff
Economic development. Establishes the small business innovation voucher program (program) to provide vouchers to eligible small businesses to be used by the business to purchase research and development support or other forms of technical assistance and services from an Indiana institution of higher education or other authorized research provider. Provides that the Indiana economic development corporation (IEDC) shall administer the program. Provides that the program is subject to appropriation from the general assembly. Amends the definition of "sales" and adds a definition of "telecommunication services" and "broadcast services" under the state adjusted gross income tax provisions. Amends the provisions for determining when sales, other than sales of tangible personal property, are derived from sources within Indiana for purposes of determining the state adjusted gross income of corporations and nonresident persons. Provides that the IEDC may enter into an agreement for mutual economic assistance and a payment agreement with a similar agency or body of a state bordering Indiana. Provides that a taxpayer (with certain exceptions) is not entitled to receive an industrial recovery tax credit for a qualified investment made after December 31, 2019. Amends the definition of "incremental income tax withholdings" for purposes of the EDGE tax credit to accommodate nonresident employees covered by a mutual economic assistance agreement and payment agreement. Permits a taxpayer to claim an income tax credit for qualified investments made after a community revitalization enhancement district has expired if the taxpayer satisfies certain conditions. Allows a taxpayer to assign all or part of a venture capital investment tax credit, subject to certain limitations. Amends the definition of "qualified investment" under the Hoosier business investment tax credit to include the purchase of: (1) retooled or refurbished machinery; (2) new energy conservation and pollution control equipment; and (3) new onsite digital manufacturing equipment. Provides that the Hoosier business tax investment credit for new onsite digital manufacturing equipment for a tax credit is not to exceed 15% of the qualified investment and is for a limited time period. Amends the headquarters relocation tax credit to extend the credit to an eligible business that: (1) acquired at least $4,000,000 in venture capital within either six months prior to or six months after applying for the credit; and (2) commits to: (A) relocating its headquarters to Indiana; or (B) relocating the number of jobs that equals 80% of the business's payroll to Indiana. Provides that the total amount of headquarters relocation tax credits that may be approved in a state fiscal year for all eligible businesses that qualify for the tax credit under the new provision may not exceed $5,000,000. Establishes the redevelopment tax credit (credit). Requires a taxpayer to apply to the IEDC for the credit. Provides that a taxpayer may claim a credit against state tax liability if: (1) the taxpayer makes a qualified investment for the redevelopment or rehabilitation of real property located within a qualified redevelopment site; and (2) the qualified investment is approved by the IEDC. Provides that the amount of the credit is equal to: (1) the qualified investment made by the taxpayer and approved by the IEDC in an agreement; multiplied by (2) the applicable credit percentage determined by the IEDC. Specifies the maximum applicable credit percentages that apply to qualified investments. Caps the redevelopment tax credit at $50,000,000 per state fiscal year with certain exceptions. Allows a taxpayer to assign all or part of a redevelopment tax credit, subject to certain limitations. Authorizes the IEDC to include in an agreement for the tax credit provisions that require the taxpayer to repay all or part of a credit awarded over a period of years. Provides that an agreement for the redevelopment tax credit must include a repayment provision for the amount of any credit award that exceeds $7,000,000. Requires the IEDC to establish measurements for evaluating the performance of the redevelopment tax credit and evaluate the tax credit program on a biennial basis. Requires the IEDC to collect data on the effectiveness of an assignment of both the venture capital investment tax credit and the redevelopment tax credit and report its findings to the legislative council before November 1, 2022. Changes the recertification period for certified technology parks from three years to four years. Provides that once a certified technology park reaches its cap, an additional amount equal to a specified amount of incremental income taxes shall be captured. Requires a redevelopment commission that has designated a third party manager or operator of a certified technology park to transfer to the manager or operator the amount owed within 30 days of receiving a distribution. Urges the legislative council to assign to an appropriate interim study committee the task of studying the development of regional airports throughout Indiana. Makes an appropriation.
Sponsor: Travis Holdman
Wage assignments for clothing and tools. Provides that a wage assignment may be made for the rental of uniform shirts, pants, and job-related clothing. Provides that a wage assignment may be made for the purchase of equipment or tools necessary to fulfill the duties of employment. Provides that an employee shall not be charged or subject to a wage assignment for personal protective equipment except for those instances provided under federal rules. Provides that the total amount of wages subject to assignment for the purchase of uniforms and equipment or rental of uniform shirts, pants and job-related clothing may not exceed certain amounts. Legalizes deductions made before the passage of the bill by an employer from the wages of an employee for the rental of uniforms, shirts, pants, or other job-related clothing.
Sponsor: Philip Boots
Discipline of coaches. Requires the department of education (department) to notify the Indiana High School Athletic Association (association) of any license revocation or suspension involving a licensed teacher who has been convicted of certain offenses or committed certain misconduct. Provides that a school corporation, charter high school, or nonpublic high school with at least one employee must report to the association when a nonteaching or volunteer coach has been convicted of certain offenses. Requires the association to revoke the accreditation of any coach who has been convicted of certain offenses. Provides that, before a school corporation, charter high school, or nonpublic high school with at least one employee hires or allows an individual to coach an association recognized sport, the school corporation, charter high school, or nonpublic high school shall: (1) ask the individual: (A) whether the individual is or has been accredited by the association; and (B) if the individual is or has been accredited by the association, whether the individual's accreditation has ever been suspended or revoked; (2) request references from the individual; (3) contact the references that the individual provides; and (4) contact the association to determine whether the individual's accreditation has ever been suspended or revoked. Requires expanded criminal history checks for volunteer coaches. Provides that school corporations, charter high schools, and nonpublic high schools with at least one employee are, regarding volunteer coaches, subject to a statute that establishes a penalty if an employer prevents a discharged employee from obtaining employment with any other person and provides civil immunity regarding certain disclosures. Provides that the: (1) association or its employees; (2) department or the department's employees; or (3) school corporation, charter high school, or nonpublic high school with at least one employee or its employees; are immune from civil liability for any act done or omitted unless the action constitutes gross negligence or willful or wanton misconduct.
Sponsor: Donna Schaibley
Study of farmland preservation. Urges the legislative council to assign to an appropriate interim study committee the topic of achieving farmland preservation in Indiana.
Sponsor: Patrick Bauer
Department of natural resources matters. Allows the department of natural resources to adopt emergency rules concerning entomology and pathology. Provides that an individual may not provide hunting guide services without a hunting guide license issued by the director of the department of natural resources. Defines "guide services" to include services by a person who for money or other consideration offers or advertises to transport an individual, transports an individual to a location, offers or advertises to assist, provide direction, or provide advice to an individual, or assists, provides direction, or provides advice to an individual for the purpose of hunting or fishing. Specifies that knowingly or intentionally providing guide services in violation of fish and wildlife laws to take, acquire, receive, transport, or possess wild animals that are protected by law is a criminal violation.
Sponsor: Jeff Raatz
Education matters. Provides that the state board of education (state board) may adopt rules regarding virtual education programs of school corporations. Provides that a student who does not participate in a school corporation's virtual education program before July 1, 2020, must complete the school corporation's annual onboarding process and orientation with the student's parent before the student may participate in the school corporation's virtual education program. Provides that, if the lesser of at least: (1) 100 students of a school corporation; or (2) 30% of the total number of students enrolled in the school corporation; receive at least 50% of instruction through a school corporation's virtual education program, the school corporation shall establish a dedicated virtual education school. Provides that an individual who is employed as a licensed teacher for a virtual education program or virtual charter school must comply with any mandatory licensed teacher training that is required. Provides that a virtual charter school that has a charter on June 30, 2019, may renew a charter only with a statewide authorizer. Provides that a student, who is not enrolled in a virtual charter school before July 1, 20209, must complete the virtual charter school's annual onboarding process and orientation with the student's parent before the student may enroll in the virtual charter school. Requires a virtual education program or virtual charter school to withdraw a student who is a habitual truant. Requires a student of a virtual education program or virtual charter school to be an Indiana resident. Provides that as part of the onboarding process and orientation, a school corporation or virtual charter school must provide to a student's parent: (1) the student engagement and attendance requirements or policies; and (2) notice that a person who knowingly or intentionally deprives a dependent of education commits neglect of a dependent. Requires an authorizer to establish certain requirements or guidelines for a virtual charter school. Requires a virtual charter school to report the methodology used to determine attendance to the virtual charter school's authorizer. Requires a virtual charter school's annual report to include: (1) the methodology used by the virtual charter school to determine attendance; and (2) the virtual charter school's student engagement requirements. Establishes actions that the state board may implement if a charter school is placed in the lowest category or designation of school performance for four consecutive years. Provides that the state board may adjust the formula used in the calculation of a high school's graduation rate if a certain percentage of students in a particular cohort: (1) transfer to a nonaccredited nonpublic school that does not have at least one employee; and (2) are not on track to graduate with their cohort. Urges the legislative council to assign to an appropriate interim study committee the task of studying and analyzing the financing and expenditures of virtual schools, including but not limited to virtual charter schools. Makes a technical correction.
Sponsor: Jeff Raatz
Porter County election board. Establishes a board of elections and registration for Porter County. Provides that Porter County is a county that counts absentee ballots at a central location. Provides that an appointed member of a county election board or a board of elections and registration may not be a relative of any individual that has the authority to appoint a member of the board.
Sponsor: Edmond Soliday
Sewer and water connections. Provides that a unit may not prohibit a property owner from installing a sewer line or other sewage works: (1) in or through a public right-of-way owned or controlled by the unit; and (2) for the purpose of connecting the owner's property to a sewer system owned or operated by another unit or entity; if the owner provides to the unit a written determination from a specified authority that the owner's existing sewage disposal system is failing, and if certain other conditions are met. Provides that in the case of a connection to a sewer system made under these provisions, a municipality (or a board of sanitary commissioners for the department of sanitation in certain municipalities) that owns or operates the sewer system to which the connection is made may waive the requirement that the property owner must release the property owner's right to remonstrate against pending or future annexations of the property owner's property by the municipality. Provides that a unit may not prohibit a property owner from installing a water service line or other water utility service infrastructure: (1) in or through a public right-of-way owned or controlled by the unit; and (2) for the purpose of connecting the owner's property to a waterworks owned or operated by a water utility other than a water utility owned or operated by the unit; if the property owner's property is served by a private water well, and if certain other conditions are met.
Sponsor: Mike Bohacek
Unauthorized adoption advertising. Provides that the unauthorized adoption advertising statute does not apply to an Indiana resident seeking to adopt a child on the resident's own behalf. Removes a provision that requires an attorney licensed to practice in Indiana and a child placing agency licensed under the laws of Indiana to include certain information in an advertisement regarding adoption. Makes conforming amendments.
Sponsor: Gerald Torr
Loan brokers. Reorganizes current provisions regulating loan brokers and moves the reorganized provisions to a new article, including: (1) the loan broker regulation account; (2) licensure and notice requirements; (3) education and examination requirements for licensure; (4) requirements for loan broker offices, personnel, and conduct of business; and (5) violations and enforcement. Makes conforming amendments. Repeals the current law regulating loan brokers.
Sponsor: Robert Heaton
1977 fund retirement and surviving spouse benefits. Increases the basic monthly pension benefit payable to a member of the 1977 police officers' and firefighters' pension and disability fund (1977 fund) who retires after June 30, 2019, with 20 years of service from 50% to 52% of the monthly salary of a first class patrolman or firefighter in the year the member ended active service. Increases from 60% to 70% of the member's monthly benefit the monthly benefit paid to a surviving spouse of a 1977 fund member who dies after June 30, 2019, other than in the line of duty.
Sponsor: Jon Ford
Chronic pain management. Requires state employee health plans, Medicaid, policies of accident and sickness insurance, and health maintenance organization contracts to provide coverage for chronic pain management. Requires the office of Medicaid policy and planning to apply for any Medicaid state plan amendment necessary to provide the coverage.
Sponsor: Mark Messmer
Homeless children and youths. Allows certain representatives of a homeless youth to: (1) access, on behalf of the youth, the youth's birth certificate, photo identification, and driver's license without charge or consent of a parent, guardian, or custodian; and (2) enroll the youth in adult basic education services and register the youth for the Indiana high school equivalency examination, after the youth completes an exit interview with the youth's school corporation; if the youth meets certain guidelines and the representative possesses a fee and consent waiver affidavit. Updates the law regarding the education of homeless children and youth to align with federal law.
Sponsor: James Merritt
Department of homeland security. Provides that the fire prevention and building safety commission will adopt rules for regulated boiler and pressure vessels. (Current law provides that the boiler and pressure vessel rules board adopts rules for regulated boiler and pressure vessels.) Provides that the division may conduct a program of inspections of regulated boilers and pressure vessels. (Current law provides that the division shall conduct a program of periodic inspections of regulated boiler and pressure vessels.) Provides that the division shall: (1) issue a regulated boiler and pressure vessel operating permit to certain applicants; (2) perform operating permit inspections of a boiler or pressure vessel owned by the state; (3) conduct a program to audit boiler and pressure vessel inspectors; and (4) conduct a program to audit inspections completed by a boiler and pressure vessel inspector. Provides requirements for qualifying or renewing an operating permit. Removes requirements for inspections. Provides the fire prevention and building safety commission (commission) with emergency rulemaking authority to adopt rules concerning the division's inspection program. Removes provisions in the Indiana Code concerning inspection agencies. Provides that the commission may sanction a boiler and pressure vessel inspector in certain instances. Removes provisions in the Indiana Code concerning owner or user inspection agencies. Allows members of police and fire departments to reside within a county that is noncontiguous to the county where the police or fire department is located but is not more than 50 miles from the closest boundary of the city, town, or township where the police or fire department is located. Includes an emergency management worker and a division fire investigator in the definition of "public safety officer" to qualify the person for the special death benefit for a public safety officer who dies in the line of duty.
Sponsor: Randall Frye
Comprehensive addiction recovery centers. Establishes certification and a grant program for comprehensive addiction recovery centers to be administered by the division of mental health and addiction (division). Sets forth requirements for certification and a grant. Requires entities that are awarded a grant to report specified data to the division. Establishes the comprehensive addiction recovery center fund.
Sponsor: James Merritt
Insulin administered by medication aides. Provides that the education and optional training programs approved by the state department of health (state department) for qualified medication aides must include a competency test and an optional training module for qualified medication aides in administering insulin. Provides that a qualified medication aide certified by the state department may administer insulin to a specific patient of a licensed health facility if certain requirements are met. Requires the state department, not later than December 31, 2019, to approve at least one optional training module in administering insulin.
Sponsor: Shane Lindauer
Prescription drug label. Provides that if a pharmacist dispenses a prescription drug that contains or is derived from opium, the prescription label must bear a statement that the drug is an opioid.
Sponsor: Jean Leising
Student mental health. Adds additional purposes for which matching grants made under the Indiana secured school fund (fund) may be used. Amends the uses relating to school security for which the fund may be used. Establishes the student and parent support services grant program. Urges the legislative council to assign to an appropriate interim study committee the task of studying school districts, within and outside of Indiana, that have: (1) implemented trauma informed approaches in the school districts; and (2) worked with community partners to provide systems of care for students.
Sponsor: Michael Crider
Inpatient addiction treatment. Provides that when determined by the treatment plan to be medically necessary, the office of Medicaid policy and planning shall provide coverage for inpatient detoxification using the American Society of Addiction Medicine Patient Placement Criteria.
Sponsor: Cindy Kirchhofer
Career and technical education. Makes various changes concerning the following: (1) The membership, duties, meetings, and deadlines of certain requirements concerning the governor's workforce cabinet (cabinet). (2) Eligibility and requirements regarding certain grants: (A) from the skills enhancement fund; and (B) under the next level jobs employer training grant program. (3) Eligibility for supplemental payment for certain teachers. (4) Requirements to renew a practitioner license or accomplished practitioner license. (5) Grant amounts, additional fund distributions (if funds are available), and the eligibility of instructor salary costs for grants and additional fund distributions under the work Indiana program. (6) Eligibility requirements to receive a high value workforce ready credit-bearing grant. (7) Requirements regarding a student's graduation plan. Establishes the career coaching grant program and fund. Provides that the cabinet shall receive, distribute, and account for all funds received for career and technical education under the Carl D. Perkins Vocational and Applied Technology Act. Provides that, after June 30, 2019, a school corporation, school, or secondary school vocational program may employ an instructor who does not have a license if the instructor meets certain occupational and training requirements. Requires: (1) a public school to include a summary on implementing certain career curriculum in a public school's improvement plan; (2) the budget agency to estimate the costs incurred to implement the curriculum for each school corporation and submit a report regarding the costs; and (3) the department of education (department) to review the plans and assist schools in incorporating best practices. Allows a governing body of a school corporation to include a postsecondary level career and technical education course in the high school curriculum of certain schools. Provides that a contract between a career and technical education center and a school or school corporation is a public record under Indiana's open door law. Provides that: (1) a school that has entered into an agreement for a joint program of career and technical education may add a new career and technical education course to its curriculum without being approved by the joint program board or the governing body overseeing the joint program if the course is being offered in partnership with certain entities; and (2) if the added career and technical education course is offered after June 30, 2018, the course is eligible for career and technical education funding. Requires the Indiana economic development corporation to assemble and provide to the commission for higher education and the department of workforce development information concerning the economic benefits of residing and working in Indiana. Provides for certification by the cabinet of an industry collaboration organization (ICO). Provides that an organization qualifies as an ICO if the organization meets certain qualification requirements. Provides that contributions to an ICO may be used by the ICO for the following purposes: (1) To support the development and implementation of high school graduation pathways. (2) To provide money to the ICO to establish and operate a career counseling program for students. (3) To enhance career and technical education and training programs. (4) To expand apprenticeships and work based learning opportunities. (5) To provide grants to schools to be used by the school to pay the transportation costs for students to attend an eligible training program. (6) To provide grants for any other course or program, if the course or program leads to the attainment of a specific employment related credential that documents the student's skills for employment success. (7) To partner with other ICOs, nonprofits, public foundations, or other entities to provide workforce related educational programs or training for students. Requires that an ICO report certain information to the cabinet. Requires the cabinet to support an ICO in sharing and scaling best practices on a statewide basis by: (1) conducting an annual survey of the business, education, and community organizations participating in the ICO, in consultation with the management performance hub; and (2) convening the ICOs on an ongoing basis in collaboration with Indiana's statewide business and industry associations. Provides that the cabinet shall annually compile lists of the: (1) industry sectors and geographic regions in which ICOs are operating, disaggregated by industry category and region; and (2) business, educational institutions, and community organizations affiliated with the ICOs established under this chapter, disaggregated by industry category and region. Provides that a high school may count: (1) an approved work based learning course, program, or experience; or (2) an approved career and technical education course, program, or experience; as satisfying an Indiana diploma with a Core 40 with academic honors designation or another designation requirement. Establishes the school accountability panel to study the topic of aligning school accountability with graduation pathways and recommend new indicators of school performance. Amends the definition of "work based learning course" for purposes of determining career and technical education funding. Provides that the commission for higher education, in consultation with the department of workforce development, shall consider a program's impact on public safety when determining which certificate programs are eligible for the high value workforce ready credit-bearing grant. Requires, not later than July 1, 2020, the state board of education to adopt teacher licensing examinations to replace the teacher licensing examinations administered on July 1, 2019. Requires, not later than September 1, 2021, the department to implement the adopted teacher licensing examinations. Requires the commission for higher education (commission) to establish, in coordination with the department of workforce development (department) and the Indiana economic development corporation (corporation), the Let Indiana Work for You program (program) to: (1) provide to colleges and universities information concerning workforce opportunities in Indiana and other benefits of residing and working in Indiana after graduating from the college or university; and (2) implement the program. Provides that, if a college or university approves of the information under the program for distribution to students of the college or university, the: (1) commission, in coordination with the department and the corporation, shall provide the information to the college or university; and (2) college or university shall present in person or use other communication mediums to provide the information to students of the college or university. Requires the corporation to assemble and provide to the commission and the department information concerning the economic benefits of residing and working in Indiana. Voids an administrative rule that requires a school corporation to ensure that a teacher of a secondary school vocational program is licensed by the department. Resolves a conflict between HEA 1074-2018 and HEA 1002-2018.
Sponsor: Holli Sullivan
State budget. Appropriates money for capital expenditures, the operation of the state, K-12 and higher education, the delivery of Medicaid and other services, and various other distributions and purposes. Renames the build Indiana fund the lottery surplus fund. Eliminates all the build Indiana fund accounts. Declares the policy of the state that no person may be denied coverage for a preexisting condition under a plan of health coverage offered or administered by the state. Specifies that the preexisting condition exclusion provisions of the Patient Protection and Affordable Care Act (PPACA) are in effect and enforced in Indiana, regardless of the legal status of the PPACA. Establishes the Indiana-Michigan boundary line commission to administer and oversee a survey and remonumentation of the Indiana-Michigan border. Eliminates the office of state based initiatives. Makes the budget agency responsible for coordinating federal assistance to state agencies. Prohibits certain state agency action regarding federal assistance. Requires state agencies to provide federal assistance information to the budget agency. Requires the budget agency to: (1) prepare an annual report summarizing the federal assistance received by state agencies during the preceding federal fiscal year; (2) publish a comprehensive federal assistance review plan; and (3) perform a review of the current impact and projected future impact of federal mandates and regulations on Indiana. Makes the budget agency the state's single point of contact to review and coordinate proposed federal financial assistance and direct federal development. Adds the two deputy budget directors as alternate members of the budget committee, and specifies that one of the deputy directors shall take the place of the budget director when the budget director is not present. Removes the restriction on the Indiana horse racing commission using money distributed under a distribution agreement for administrative purposes. Requires 0.45% of the adjusted gross receipts from each casino to be deposited in the horse racing commission's operating fund. Establishes the problem gambling program fund. Specifies that the part of the problem gambling fee that is retained annually by the Indiana gaming commission must be deposited into the fund. Provides that the money in the fund is continuously appropriated. Permits the trust fund for self-insurance for employees, including retired employees, for the state police department, conservation officers of the department of natural resources, and the state excise police to invest in the same investments as the state police pension plan instead of the public employees' retirement fund (the trust fund could not invest in equity securities). Permits the retiree health benefit trust fund to invest in the same investments as the public employees' retirement fund instead of in the same manner as public deposits may be invested. Requires a periodic actuarial study of the retiree health benefit trust fund. Provides that employer contributions to the retirement medical benefits account (RMBA) on behalf of a participant must be sufficient to provide the specified benefit. Changes the administration and investment decisions for the RMBA from the budget agency to the Indiana public retirement system (INPRS). Changes responsibility for reports concerning other post-employment benefits (OPEB) from the office of management and budget (OMB) to the INPRS. Changes responsibility for reports concerning local pensions from the OMB to the INPRS. Changes references to Governmental Accounting Standards Board Statements that apply to OPEB reports. Repeals the Indiana technology fund. Provides that a taxpayer may submit, beginning in 2021, a personal property tax return using an online submission system established by the department of local government finance in collaboration with county assessors. Replaces the postwar construction fund with a fund named the state construction fund. Dedicates $1,800,000 to the state construction fund from a part of the cigarette tax revenue formerly appropriated to the department of natural resources. Repeals the state police building account and directs the revenue formerly deposited in the account to the state construction fund. Establishes requirements to be eligible to claim the Indiana research expense income tax credit effective January 1, 2019. Increases the cap on the scholarship granting organization scholarship tax credit from $14,000,000 to $15,000,000 for the state fiscal year beginning July 1, 2019, and to $16,500,000 for state fiscal years beginning after June 30, 2020. Repeals the income tax credit for property taxes paid by a for-profit acute care hospital. Provides various tax exemptions for the College Football Playoff Group for the College Football Playoff National Championship, including ancillary events. Provides that money in the department of state revenue pilot program fund for functions related to motor carrier services is continuously appropriated. Allocates a percentage of St. Joseph County innkeeper's tax revenue: (1) for the development and operation of an indoor sports complex in the city of Mishawaka; and (2) to finance projects for the Potawatomi Zoo in the city of South Bend. Expires both of these allocations and decreases the innkeeper's tax rate by the percentage allocated for the respective purposes on the later of: (1) July 1, 2024; or (2) a specified date to occur. Removes the reduction from the motor vehicle highway account fund for the appropriation to the department of transportation for traffic safety. Transfers $325,000 each month to the motor carrier regulation fund from the motor vehicle highway account fund. Requires the bureau of motor vehicles to determine the allocation to counties from the motor vehicle highway account fund that is based on motor vehicle registrations. Provides that proceeds received under the First Amendment to the Amended and Restated Indiana Toll Road Concession and Lease Agreement entered on September 21, 2018, are to be deposited in a new fund known as the toll road lease amendment proceeds fund for certain state highway projects. Appropriates $239,400,000 from the toll road lease amendment proceeds fund in state fiscal year 2019 to be used for the purposes of the fund. Terminates the appropriation to the state police department of part of the handgun license fees as of July 1, 2019. Transfers any balance remaining in the fund holding these fees to the state general fund on June 30, 2021. Requires the division of disability and rehabilitative services to establish a cost participation schedule for purposes of the first steps program. Repeals the statutory cost participation schedule. Provides that the money in the division of family resources child care fund is continuously appropriated. Removes the requirement that a school corporation distribute to the state general fund 3% of the federal reimbursement for claims paid under the federal Medicaid program. (Under current law, these funds distributed to the state general fund are dedicated for consulting to encourage school participation in the Medicaid program.) Extends the prohibition on the office of Medicaid policy and planning from including certain Medicaid recipients who receive nursing facility services in a Medicaid risk based managed care program or a capitated managed care program through June 30, 2020. Specifies conditions that apply to a Medicaid disproportionate share hospital payment plan (DSH payment plan). Requires the hospital assessment fee committee (committee) to prepare a DSH payment plan or a default plan and submit the DSH payment plan or default plan to the office of the secretary of family and social services (office of the secretary). Sets forth requirements for state fiscal years: (1) beginning July 1, 2019; and (2) beginning on or after July 1, 2020. Requires the office of the secretary to file with the federal Centers for Medicare and Medicaid Services (CMS) a proposed Medicaid state plan amendment that is based on the DSH payment plan or default plan prepared by the committee and implement the plan amendment if the state plan amendment is approved by CMS. Provides for a continuous appropriation from the prekindergarten pilot program fund. Establishes a township assistance online pilot program to provide for ease of access and efficient application for township assistance, automate the application process for township assistance, and create a system to collect and report data regarding township assistance administration. Extends the hospital assessment fee and the health facility quality assessment fee through June 30, 2021. Increases the maximum amount of a primary care scholarship awarded at Marian University College of Osteopathic Medicine in the first class year from $10,000 per year to $15,000 per year. Provides that the department of child services may enter into a voluntary service referral agreement with a child's parent, guardian, or custodian. Adds the budget director as a member of the justice reinvestment advisory council. Permits the state to purchase insurance required by the federal government in connection with the use of federal land for the state's wireless public safety voice and data communications system. Extends the judicial and legislative branch leave conversion pilot program through June 30, 2021. Requires the governor to appoint a task force to study the Indiana law enforcement academy. Appropriates $325,000 from the state general fund to the Indiana department of gaming research for the July 1, 2018, through June 30, 2019, state fiscal year. Provides that appropriations from the state board of accounts dedicated fund for the state board of accounts for the state fiscal year beginning July 1, 2018, may be augmented from the state board of accounts dedicated fund. Provides that unused funds appropriated to the legislative council and legislative services agency in FY 2019 or FY 2020 do not revert to the general fund until June 30, 2021. Permits a state officer to use state funds to make a communication containing the name and likeness of the state officer if the communication: (1) is posted or maintained on a state owned Internet web site; (2) relates to the official duties of the state officer and is not made for commercial broadcast or dissemination to the general public; or (3) is posted on social media, if the communication relates to the official duties of the state officer, was not created, developed, or posted by a nongovernmental entity, and if the social media service provider does not charge for the posting. Specifies allowable terms for a settlement agreement involving the state or a state agency. Provides for the ability for cash flow funding before a full funding grant agreement is approved for the northern Indiana railroad project. Requires the northwest Indiana regional development authority to repay the amount if a full funding grant agreement is not approved. Modifies the membership of the board of the northern Indiana commuter transportation district (board). Provides that board members are not entitled to a salary per diem. Permits the board to authorize the Indiana department of transportation (INDOT) to exercise all or a part of the powers of the board that are necessary or desirable to accomplish the purposes of the board subject to the agreement of INDOT, including carrying out a railroad project. Broadens the powers of INDOT to contract with third parties to carry out a railroad project. Establishes the next level connections fund to provide matching grants to local units of government and nonprofit organizations for trails, incentivize and establish additional nonstop flights originating from Indiana airports, and accomplish the transportation plan of the department of transportation. Permits INDOT to transfer up to $100,000,000 from the next level connections fund to the rural broadband fund for the purpose of awarding broadband grants for rural areas. Establishes the northern Indiana commuter rail account within the fund. Requires the budget agency to transfer $185,000,000 from the next level connections fund to the northern Indiana commuter rail account. Permits the transfer of up to an additional $20,000,000 from the next level connections fund to the northern Indiana commuter rail account, subject to the approval of the governor. Provides that any proposed extension or amendment to certain agreements shall be submitted to the budget committee for review. Prohibits any extension or amendment to such an agreement until after the budget committee has reviewed the proposed extension or amendment. Specifies that any lump sum amounts or series of amounts totaling more than $1,000,000 received under a public-private agreement entered into by the Indiana finance authority before January 1, 2013, must be held in reserve until May 1 of the calendar year following the calendar year in which the lump sum payment or series of payments was received. Authorizes the state and state agencies to enter into cooperative agreements with federally recognized Indian tribes. Specifies the necessary terms of a cooperative agreement. Requires a provision of a cooperative agreement waiving the state's sovereign immunity to be reviewed and approved by the attorney general. Specifies the conditions that must be met for the state to waive its immunity from suit in federal court under the Eleventh Amendment to the Constitution of the United States with respect to a cooperative agreement. Adds federally recognized Indian tribes to the list of governmental entities with which local governments may enter into interlocal agreements. Provides that a marketplace facilitator is required to collect and remit state sales tax as a retail merchant when it facilitates a retail transaction for sellers on the marketplace facilitator's marketplace. Specifies circumstances in which a marketplace facilitator or a seller would not be required to collect and remit the state sales tax. Specifies that sharing of passenger motor vehicles and trucks through a peer to peer vehicle sharing program is a retail transaction subject to the state gross retail and use tax if sharing occurs more than 15 days in a calendar year. Provides that the exemption for the purchase of a new motor vehicle that is acquired for resale, rental, or leasing in the ordinary course of the person's business does not apply to a vehicle purchased for sharing through a peer to peer vehicle sharing program. Provides that vehicle sharing through a peer to peer vehicle sharing program is exempt from the auto rental excise tax and a county supplemental auto rental excise tax unless an ordinance is adopted to impose the county tax. Limits the county supplemental tax rate to 1%. Imposes a vehicle sharing excise tax at a 2% tax rate. Distributes the revenue from the tax to political subdivisions based on the vehicle's county of registration. Requires a marketplace facilitator to collect and remit innkeeper's tax. Repeals the definition of "facilitator" that is set to go into effect July 1, 2019. Repeals the provision requiring a facilitator who is a retail merchant to provide an itemized statement to the consumer. Provides that primary personal residences are exempt from the state gross retail tax unless the owner rents or furnishes the residence for more than 14 days. Provides for the collection of food and beverage taxes. Makes failure to collect or remit food and beverage taxes a Level 6 felony. Provides that a county treasurer may enter into an agreement with the fiscal officer of an entity responsible for the expenditure of funds from an innkeeper's tax to furnish the fiscal officer each month with the name and retail address of each business collecting an innkeeper's tax and the amount of money collected from each business. Provides that the state department of health shall issue guidelines establishing a cost participation standard for the amount of a parent's or guardian's expected contribution toward the purchase of a hearing aid for which assistance is granted under the hearing aid assistance program (program). Provides that the state department of health may issue guidelines establishing additional funding priorities to give to applications that are submitted under the program. Suspends the healthy Indiana plan phase out trust fund payments beginning in state fiscal year 2018-2019, subject to budget committee review. Requires the department of child services to establish a per diem model to reimburse providers of family preservation services. Appropriates $150,000,000 from the state general fund to the 1996 account of the teachers retirement fund of the Indiana public retirement system (INPRS). Specifies that the board of trustees of the INPRS is to reduce the employer contribution rate. Requires the governing body of each school corporation after July 1, 2019, and before October 1, 2019, to hold a public meeting to determine: (1) the dollar amount of the reduction in the school corporation's employer contribution rate; and (2) the actions the governing body of the school corporation intends to take with that amount. Provides for thirteenth checks in 2019 and 2020 for certain members of the: (1) Indiana state teachers' retirement fund; (2) public employees' retirement fund; (3) state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan; (4) state police pre-1987 benefit system; and (5) state police 1987 benefit system. Urges the legislative council to assign to the appropriate interim study committee the topic of the complexity index used in funding K-12. Requires the auditor of state to transfer any balance in the regional cities development fund to the state general fund on June 30, 2019. Reconciles conflicts with other enactments. Makes corresponding changes. Makes technical corrections.
Sponsor: Todd Huston
County highway engineer's salary. Increases the state subsidy for a county highway engineer's annual salary. Makes an appropriation.
Sponsor: Micheal Aylesworth
Construction permits. Provides that a local unit may not require, as a condition precedent to granting, issuing, or approving certain permits for any Class 1 or Class 2 structures, completion of work upon which the performance bond or other surety was obtained prior to recording the secondary plat. Provides that a local unit may not require, as a condition precedent to granting, issuing, or approving a certificate of occupancy for any Class 1 or Class 2 structure, the completion of work upon which the performance bond or other surety was obtained prior to recording the secondary plat, unless required under certain state building laws or another law to meet a local unit's basic needs for public health and safety. Requires a local governmental agency to issue certain permits to a person not later than 12 business days after the person has filed a completed application and meets all required conditions, in certain instances.
Sponsor: Doug Miller
Electric foot scooters. Provides that an electric foot scooter is not a motor vehicle for purposes of certain motor vehicle laws. Provides that an electric foot scooter has all rights and duties that apply to a person operating a bicycle. Exempts electric foot scooters from financial responsibility. Provides for certain equipment requirements for electric foot scooters. Allows an electric foot scooter to be parked on a sidewalk in certain instances. Prohibits an electric foot scooter from operating on an interstate highway. Provides that a local authority, with respect to private roads and highways under the authority's jurisdiction, may regulate the standing or parking of electric foot scooters. Provides that a local authority, with respect to private roads and highways under the authority's jurisdiction, may regulate the operation of electric foot scooters and require the registration and licensing of electric foot scooters. Makes conforming changes.
Sponsor: Sean Eberhart
Educational costs exemptions. Amends the eligibility requirements for educational costs exemptions for children of and certain individuals related to certain veterans. Provides that a spouse or dependent of a qualified veteran is eligible to pay the resident tuition rate of a state educational institution if certain requirements are met. Removes the following: (1) Provisions concerning cumulative grade point average requirements for individuals who qualify for an exemption because of a father or mother (or other relation for certain individuals) who enlisted or otherwise initially served in the armed forces of the United States after June 30, 2011. (2) A provision requiring the commission for higher education to consider other higher education financial assistance in determining the amount of an exemption. (Another provision in current law requires any other financial assistance specifically designated for educational costs to be subtracted from the amount an applicant is exempt from paying.) Repeals and relocates, with changes to the eligibility requirements, the following categories of individuals exempted from educational costs at state educational institutions: (1) Children or surviving spouses of public safety officers. (2) Children or spouses of members of the 1977 police officers' and firefighters' pension and disability fund who sustain a catastrophic physical personal injury in the line of duty. (3) Children and spouses of Indiana National Guard members who suffer a service connected death while serving on state active duty (including a provision that a determination as to whether an applicant is eligible for an educational costs exemption is vested exclusively in the military department and a provision concerning appealing a determination by the military department). (4) Purple Heart recipients (and adds individuals who were wounded as a result of enemy action). Repeals provisions that list tuition and fee exemptions and reductions outside of the higher education provisions. Makes conforming changes.
Sponsor: Philip Boots
Going upon the premises of another. Amends the law providing that a person who goes upon the premises of another for certain purposes does not have an assurance that the premises are safe for the person's purpose. Specifies that the law applies to a person who goes upon the premises of another for the purpose of departing from a trail, greenway, or similar area.
Sponsor: Eric Koch
Behavioral health professionals. Requires that the office of Medicaid policy and planning include a licensed clinical social worker, a licensed mental health counselor, a licensed clinical addiction counselor, and a licensed marriage and family therapist who meet certain qualifications as eligible providers for the supervision of a plan of treatment for a patient's outpatient mental health or substance abuse treatment services. Requires Medicaid reimbursement, upon approval from the United States Department of Health and Human Services, for: (1) clinical social workers; (2) marriage and family therapists; (3) mental health counselors; and (4) clinical addiction counselors; who work in federally-qualified health centers and rural health clinics.
Sponsor: Cindy Ziemke
Medicaid recovery audits. Sets forth requirements for Medicaid recovery audits of Medicaid providers.
Sponsor: Ronald Bacon
Hospitals. Requires the executive board of the state department of health to amend a rule to reflect current private publications used in hospital licensure rules. Beginning May 1, 2020, provides that a hospital license expires every two years from the date of issuance. (Current law provides that a hospital license to expire one year after issuance.) Urges legislative council to assign the topic of hospital licensure to an interim study committee during the 2019 interim and sets forth requirements of the study.
Sponsor: Ed Charbonneau
Medicaid nonemergency medical transport. Sets forth requirements for brokers of nonemergency medical transportation under the Medicaid fee-for-service program. Establishes the nonemergency medical transportation commission (commission) and sets forth duties of the commission. Requires the office of the secretary of family and social services to prepare before October 1, 2019, a report concerning nonemergency medical transportation Medicaid claims and submit the report to the commission.
Sponsor: Vaneta Becker
Marion County capital improvement board. Provides for the expansion of the professional sports development area (tax area) in Marion County. Provides for the capture of covered taxes in the expanded tax area. Authorizes the city-county council to adopt a resolution that continues imposition of the increase to the county supplemental auto rental excise tax through December 31, 2040. Authorizes the city-county council to adopt a resolution that continues imposition of the increase to the county admissions tax through December 31, 2040. Authorizes the city-county council to adopt a resolution that continues the capture of local income taxes attributable to the tax area through December 31, 2040. Provides that revenues available for deposit in the sports and convention facilities operating fund may be pledged to secure and provide for the payment of bond or lease obligations of the board. Provides that Marion County capital improvement board may not use revenue derived from local or state taxes to finance, construct, or in any way subsidize the construction of meeting or ballroom space related to a privately owned hotel. Permits the Indianapolis metropolitan development commission or capital improvement board to adjust the equal opportunity percentages to reflect the results of a disparity study conducted by the City of Indianapolis. Provides that if restricted deposits are insufficient to fully repay the board's obligations, revenues collected by the board from certain taxes must be used. Establishes an additional professional sports development area in Marion County to capture state and local revenue for capital improvements. Provides for the issuance of indebtedness to finance a multipurpose soccer stadium subject to budget committee review. Provides that the Indiana stadium and convention building authority, the Marion County capital improvement board, and the Marion County convention and recreational facilities authority may not require a contractor or a subcontractor to enter into a contract limitation and may not grant a public benefit relating to any project that is financed in whole or in part from funds derived from the establishment of a new tax area under the bill. Provides that any such provisions are void. Strikes a provision requiring the Indiana stadium and convention building authority to enter into project labor agreement on all projects. Establishes the legacy project, which must be located at an Indianapolis parks and recreation department location located within a four mile radius of the Soldiers' and Sailors' Monument in Indianapolis.
Sponsor: Ryan Mishler
First steps program. Provides that, for purposes of determining a family's income under the first steps program, a family is presumed to have an income that is not more than 250% of the federal income poverty level if the family is receiving benefits under Medicaid, the Supplemental Nutrition Assistance Program (SNAP), or the Temporary Assistance for Needy Families (TANF) program. Requires the division of disability and rehabilitative services to review and revise the division's policy regarding make-up therapy sessions, including defining what constitutes a "make-up" or "missed" session, based on recommendations from the interagency coordinating council.
Sponsor: Edward Clere
Unemployment matters. Makes various changes to unemployment compensation law concerning confidentiality, the method of sending notices to claimants and employers, the cap on expenditures from the special employment and training services fund, employing units subject to the Federal Unemployment Tax Act, and appeals regarding seasonal determinations. Updates and eliminates outdated language. Makes technical corrections.
Sponsor: Daniel Leonard
Military family relief fund. Requires an employee of the Indiana department of veterans' affairs (department) who is otherwise eligible to receive assistance from the military family relief fund (MFRF) to submit the employee's application directly to the Indiana veterans' affairs commission (commission). Requires the commission and the department to give timely responses to applications for assistance from the MFRF. Caps the amount of monetary assistance a qualified service member may receive from the MFRF at $2,500, unless approved by the commission. Establishes the determination and analysis process the commission may use for applications requesting in excess of the $2,500 threshold. Provides that the administrative orders and procedures act procedures do not apply to actions of the department of veterans' affairs and the Indiana veterans' affairs commission. Requires the commission to amend a rule in the Indiana Administrative Code that requires the department of veterans' affairs to give notice of the denial for short term financial assistance in a manner consistent with the notice provisions established in the administrative orders and procedure act. Voids the rule of the Indiana Administrative Code that requires all appeals concerning decisions of the department of veterans' affairs regarding financial assistance from the military family relief fund to be conducted in accordance with the provisions of the administrative orders and procedures act.
Sponsor: Randall Frye
Medicaid advisory committee. Adds appointments by the Indiana Association of Health Plans and the Indiana Primary Care Association to the Medicaid advisory committee (committee). Increases the membership of the committee by providing for the president pro tempore of the senate and the speaker of the house of representatives to each appoint six members (instead of one member). Provides that three of the members appointed by the president pro tempore and three of the members appointed by the speaker shall serve on a standing fiscal subcommittee of the committee. Requires that three of the members appointed by the speaker of the house of representatives and three of the members appointed by the president pro tempore be members of the minority party. Requires the committee to create a standing fiscal subcommittee. Provides that subcommittees of the committee may convene as often as needed. Requires the committee to review, study, and make advisory recommendations concerning certain subjects before July 1, 2021.
Sponsor: Cindy Kirchhofer
Property tax appeals. Requires a county or township official who receives a written appeal notice from a taxpayer to forward the notice to the county auditor, if the taxpayer raises a claim regarding a matter that is in the discretion of the county auditor. Provides that the county auditor is a party before the county property tax assessment board of appeals and for any appeal of the board's decision in an appeal related to a matter that is in the discretion of the county auditor. Specifies the notice that the Indiana board of tax review (Indiana board) must file with the tax court regarding the preparation of a certified record of the proceedings related to a petition for which judicial review has been sought. Repeals a statute requiring the Indiana board to recommend that parties settle or mediate any case pending before the board if certain conditions are met. Provides that certain burden shifting requirements do not apply if the assessment that is the subject of the review or appeal is based on substantial renovations or new improvements. Provides that "small claim" means an appeal where the parties have elected to proceed under the Indiana board's small claims rules. (Current law defines the term as an appeal of a final determination of assessed valuation that does not exceed $1,000,000.) Provides that a party must be able to elect out of the small claims rules.
Sponsor: Ethan Manning
Drug classifications and drug schedules. Adds numerous substances to the definition of "synthetic drug". Adds epidiolex and brivaracetam to schedule V. Specifies that dronabinol is a schedule II controlled substance only in oral solution. Defines "fentanyl related substance" and adds it to schedule I. Moves certain fentanyl related substances from the definition of "synthetic drugs" in schedule II to schedule I. Adds Thiafentanil to schedule II. Makes conforming changes.
Sponsor: Michael Young
Consent to pregnancy services of a minor. Allows a minor who is at least 16 years of age and: (1) pregnant; (2) in labor; or (3) postpartum; to consent to health care concerning the pregnancy, delivery, and pospartum care. Requires a health care provider to make a reasonable effort to contact a minor's parent or guardian before or at the initial appointment before providing treatment and document in writing each attempt to contact the parent or guardian. Requires the health care provider to act in the manner that is in the best interests of the minor and the fetus. Requires the health care provider to make an additional attempt to contact the parent or guardian of a minor for consent during specified times in the provision of care. Makes technical corrections.
Sponsor: Cindy Kirchhofer
Over 65 property tax deduction. Increases the deduction limitation on the assessed value of an individual's real property, or mobile home or manufactured home which is not assessed as real property, if the individual is a disabled veteran or is at least 65 years of age on or before December 31 of the calendar year preceding the year in which the deduction is claimed. Increases the amount of the deduction for those individuals. Increases the adjusted gross income limitation for individuals that are at least 65 years of age.
Sponsor: Erin Houchin
Task force to study schools for the deaf and blind. Establishes the Indiana Schools for the Deaf and the Blind or Visually Impaired task force (task force) to evaluate and make recommendations to the budget committee relating to the operation of the physical plants of the Indiana School for the Deaf and the Indiana School for the Blind or Visually Impaired. Provides that the task force shall make its final recommendations to the budget committee on or before December 1, 2020. Establishes the task force advisory committee (advisory committee) to advise the task force on matters necessary for the task force to carry out its responsibilities. Provides that the department of administration shall provide staffing and administrative support for the task force and the advisory committee.
Sponsor: Timothy Brown
Survivor health coverage. Provides that, if the employer of a public safety officer who dies in the line of duty after June 30, 2019, offers health coverage for active employees, the employer shall offer to provide and pay for health coverage under the plan covering active employees for the surviving spouse and each natural child, stepchild, and adopted child of the public safety officer. Provides that health coverage for a surviving child continues: (1) until the child becomes 18 years of age; (2) until the child becomes 23 years of age, under certain circumstances; or (3) during the entire period of the child's physical or mental disability; whichever period is longest. Changes the application date from a death occurring after June 30, 2019, to a death occurring after December 31, 2017. Requires the department of local government finance to establish a state address confidentiality form to be used to restrict access to the home address of certain persons. Adds to the definition of "covered person" the surviving spouse of a covered person if the person is killed in the line of duty. Provides that the state address confidentiality form may be used when applying for address confidentiality.
Sponsor: Michael Crider
Public safety officer contract negotiations. Requires a county, city, town, or township (unit) that does not have a procedure for resolution of an impasse in contract negotiations through alternative dispute resolution with an employee organization for the unit's police or fire department employees, to include in a written agreement entered into with the employee organization after June 30, 2019 that: (1) the parties to submit to nonbinding mediation if they fail to agree to a new agreement within one year after the existing agreement expires. (2) the agreement continue without any change in its terms and conditions until the earlier of the following: (A) The parties fail to reach an agreement after mediating the dispute, at which time the written agreement no longer binds the parties. (B) The date the parties execute a new written agreement.
Sponsor: Kevin Mahan
Township government issues. Requires a township to prepare a capital improvement plan for at least the ensuing three years if the balance in certain capital improvement funds in the preceding year exceeds both of the following: (1) 150% of the township's annual budget estimate. (2) $200,000. Prohibits the township from collecting property taxes for certain capital improvement funds in the ensuing year unless the township has adopted a capital improvement plan. Allows a township to make a one time transfer of an excess balance or part of an excess balance between township funds. Provides that the transfer may not be completed until after the township adopts a capital improvement plan, if the township is required to adopt a capital improvement plan. Requires the transfers must be completed not later than September 1, 2020. Provides that if an eligible municipality petitions an adjacent township to accept the transfer of the territory of the eligible municipality that is within the transferor township, the legislative body of the adjacent township must accept transfer of the territory of an eligible municipality within two years (instead of one year) after the legislative body receives the petition. Repeals a provision that prohibits the transfer of territory from taking effect in the year before a federal decennial census is conducted.
Sponsor: Cindy Ziemke
Apprentice plumbers. Allows an individual to register as a registered apprentice plumber and to work under a licensed plumbing contractor or journeyman plumber for one year, so long as the registered apprentice plumber has applied for acceptance into an apprenticeship program and is awaiting acceptance or has been placed on the program's waiting list. Provides that a registered apprentice plumber must discontinue working under a licensed plumbing contractor or journeyman plumber if certain events occur.
Sponsor: Robert Morris
Allen County substance abuse pilot program. Changes the date by which the administrator of the Allen County substance abuse pilot program must raise local funds in order to be allowed to expend state funds.
Sponsor: James Merritt
Animal cruelty. Amends and creates certain definitions for offenses relating to animals. Specifies that an animal control program, humane society, and governmental entity operating an animal shelter may only destroy an animal by means of humane euthanasia. Removes duplicative language and makes conforming amendments.
Sponsor: Ryan Hatfield
Cumulative capital improvement fund. Permits a local government unit to establish a cumulative capital improvement fund to provide money to purchase, lease, or pay all or part of the cost of electronic monitoring equipment used by a state or local community corrections program.
Sponsor: Jeff Ellington
Public health matters. Amends the definition of "food instrument" to state that a participant under the federal Women, Infants, and Children program uses an electronic benefit transfer card to obtain food. Requires the state department of health (department) to provide to the local vital records offices guidelines concerning the interpretation of the laws and the department's rules concerning vital statistics to assure uniform application of the state laws and rules. Removes expired language. Provides that if the Indiana birth registration system (IBRS) or the Indiana death registration system (IDRS) is unavailable for more than 48 hours, the state registrar may issue a notice that allows the filing of a paper record of a live birth, a death, or both. Provides that certain birth, stillborn, and death permanent records may be maintained by the IBRS and IDRS. Requires that a paper copy of the permanent record of a birth, stillborn, or death certificate be provided upon request by an individual. Allows the department to disclose identifiable vital statistics information to a legitimate researcher, if the researcher complies with certain requirements.
Sponsor: Cindy Kirchhofer
Nurse licensure compact. Specifies requirements for participation by the state in a multistate nurse licensure compact, including provisions concerning: (1) nurse qualifications, practice, and participation; (2) a compact commission; (3) interstate commission and state board of nursing authority and rulemaking; (4) a coordinated licensure information system; (5) oversight and enforcement; and (6) termination or withdrawal from the compact. Provides that an additional fee of $25 must be paid at the time of application and renewal of a license if the license is a multistate license.
Sponsor: Edward Clere
Sepsis treatment guidelines. Requires a hospital to adopt, implement, and periodically update evidence based sepsis guidelines for the early recognition and treatment of patients with sepsis, severe sepsis, or septic shock that are based on generally accepted guidelines. Exempts certain hospitals. Establishes the sepsis treatment guideline task force (task force). Assigns the task force certain duties concerning evidence based sepsis guidelines, best practices, education materials, and appropriate data measures. Requires the state department of health to prepare a report on the implementation of the sepsis guidelines.
Sponsor: Kevin Mahan
Vehicle weight. Allows the Indiana department of transportation and certain local authorities to issue a permit that allows for the transportation of: (1) material; (2) products; or (3) equipment; belonging to an electric cooperative in certain instances. Urges the legislative council to assign to an appropriate interim study committee the task of studying overweight divisible loads. Urges the legislative council to assign to an appropriate interim study committee the task of studying: (1) the use of automated traffic control systems in work zones; and (2) the use of special signaling devices on construction vehicles in critical work zones.
Sponsor: Jon Ford
Local licensing and permitting. Provides that if a political subdivision requires a person to post a surety bond as a condition that the political subdivision issue a license or permit to the person, a surety bond posted by the person is considered sufficient if the following are satisfied: (1) The bond is written by a surety company authorized to transact business in Indiana. (2) The obligation on the bond is for an amount that is at least the amount required by the political subdivision for the issuance of the particular license or permit. (3) The obligee or obligees named on the bond are any of the following: (A) The political subdivision that requires the bond. (B) Specifically named political subdivisions in the county that include the name of the political subdivision that requires the bond. (C) All political subdivisions in the county in which the political subdivision that requires the bond is located. (D) All political subdivisions of the same kind as the political subdivision that requires the bond located in the county. (4) The conditions of the bond otherwise comply with the requirements of the ordinance that imposes the bond condition. Provides that a political subdivision may not require the obligation on a license bond to be more than $15,000. Provides that a person required to post a bond satisfies the posting requirement if the person files a copy of the bond with the political subdivision or appropriate agency of the political subdivision that requires the bond. Provides that a political subdivision may not require that the person record the license bond.
Sponsor: Jim Pressel
Telepsychology. Allows a psychologist to use telepsychology. Requires the psychologist who uses telepsychology to ensure that confidential communications stored electronically cannot be recovered or accessed by unauthorized persons when the psychologist disposes of electronic equipment and data.
Sponsor: David Frizzell
Teacher salaries. Makes changes to requirements used to determine increases or increments for a teacher salary range.
Sponsor: Jeff Raatz
Use of unmanned aerial vehicles. Requires a law enforcement officer to obtain a warrant to use an unmanned aerial vehicle (UAV) over private property or to conduct a search of private property, unless: (1) the owner of the property consents; or (2) a warrant would not be required for a search not using a UAV.
Sponsor: Robert Morris
Self-defense, defense of others, and firearms matters. Designates the following as voter registration offices: (1) Each office affiliated with the Indiana state police. (2) Each office affiliated with the sheriff of a county. (3) Each office affiliated with a municipal law enforcement agency. Provides immunity for a justified use of force in certain instances. Requires a court to award, in certain instances, reasonable attorney's fees and costs to a defendant when the justified use of force immunity is successfully raised. Permits a person who may legally possess a firearm to possess a firearm on school property if the person possesses the firearm: (1) as an employee or volunteer of a house of worship located on the school property; or (2) while attending a worship service or religious ceremony conducted at a house of worship. Increases the duration of a four year handgun license to five years. Provides that an individual may simultaneously hold both a five year license and a lifetime license. Requires a law enforcement officer to whom an application for a handgun license is made to consult available local, state, and federal criminal history data banks, including the National Instant Criminal Background Check System (NICS), when determining whether possession of a firearm by an applicant would be a violation of state or federal law. Modifies the fees for five year licenses beginning July 1, 2020. Makes conforming amendments.
Sponsor: Jim Lucas
Municipally owned utilities. Provides that all rates, charges, and other fees for services rendered by a municipally owned utility (other than services rendered by a municipally owned sewer utility or by a department of public utilities for a consolidated city) to property occupied by someone other than the owner are payable by the person occupying the property if the account or other customer or billing records maintained by the utility for the property indicate that: (1) the property is occupied by someone other than the owner; and (2) the person occupying the property is responsible for paying the rates, charges, and fees. Provides that upon applying for utility service from a municipally owned utility, the person occupying the property shall provide the utility with the name and contact information of the owner or manager of the property. Provides that rates, charges, and fees assessed by a municipally owned utility with respect to property occupied by someone other than the owner do not constitute a lien against the property. Specifies that these provisions do not: (1) prohibit a municipal legislative body from imposing any requirement to: (A) ensure payment by; or (B) the creditworthiness of; the person occupying the property; or (2) abrogate or limit the authority of the owner of a multi-unit building to engage in electrical submetering.
Sponsor: Charles Burton
School financial matters. Requires the superintendent of a school corporation to submit a written report to the local board of finance for the school corporation. Provides that the report must assess the financial condition of the school corporation using certain fiscal and qualitative indicators. Provides that the report must be received and reviewed at the annual meeting of the local board of finance for the school corporation. Urges the legislative council to assign to the appropriate interim study committee the task of identifying and studying best practices in: (1) the governance structure and oversight of tax increment financing to promote transparency and economic development in Indiana; and (2) reporting mechanisms between local government units to facilitate better collaboration and decision making.
Sponsor: Victoria Spartz
Substance abuse prevention grant programs. Provides that the division of mental health and addiction may establish and administer the: (1) community and faith based substance abuse programs grant; and (2) community and faith based substance abuse transportation assistance grant program. Sets forth requirements for the grants.
Sponsor: Eric Koch
Civics. Provides that as part of the United States government credit awarded for the general, Core 40, Core 40 with academic honors, and Core 40 with technical honors designation, each high school shall administer the naturalization examination provided by the United States Citizenship and Immigration Services. Requires an enhanced study of the Holocaust in each high school United States history course.
Sponsor: Dennis Kruse
Revised uniform athlete agents act. Makes the following changes to the statute concerning athlete agents to reflect changes made in the Revised Uniform Athlete Agents Act: (1) Amends the definition of "athlete agent". (2) Defines the term "interscholastic sport" and specifies that for purposes of the statute, a "student athlete" includes an individual who engages in an interscholastic sport. (Current law provides that a student athlete includes only individuals engaging in intercollegiate sports.) (3) Requires an applicant for registration as an athlete agent to provide on the applicant's application specified information concerning any means of communicating electronically with the applicant. (4) Recognizes the rights of parents or guardians of a student athlete regarding entering into a contract with an athlete agent, when the student athlete is a minor. (5) Requires an applicant for registration as an athlete agent to provide certain additional information. (6) Requires additional information to be included in an agency contract. (7) Provides for additional requirements when communicating the existence of an agency contract to an educational institution. (8) Allows athlete agents certified in a particular sport by a national association that promotes or regulates intercollegiate athletics, and establishes eligibility standards for participation by a student athlete in the sport, to cover limited expenses of a prospective or enrolled student athlete and the student athlete's family under certain circumstances. (9) Expands criminal liability for athlete agents if the athlete agent encourages an individual to take or assist in taking an unlawful action.
Sponsor: Eric Koch
School materials for juvenile detainees. Provides that, if a child is or will be detained in a juvenile detention facility (facility) for more than seven calendar days, the school corporation must, upon the child's parent or facility's request, provide to the facility the school materials for the grade level or courses that the child is or would be enrolled in if the child were not detained. Requires the school corporation, upon the child's parent or facility's request, to deliver the school materials at least once every seven calendar days, excluding any days that are not student instructional days. Provides that the school corporation may provide the school materials in an electronic format. Provides that, except for the assessment of rental fees for curricular materials, the school corporation is responsible for the costs associated with preparing and delivering the school materials. Provides that the school corporation is not required to provide the school materials if the: (1) child is released from the facility; or (2) facility requests that the school corporation no longer provide the school materials. Provides that if a student is suspended, the student is required to complete all assignments and school work assigned during the period of the student's suspension. Provides that the principal or the principal's designee shall ensure that the student receives notice of any assignments or school work due and teacher contact information in the event the student has questions regarding the assignments or school work. Provides that a school is required to provide a student who is expelled with a list of available alternative education programs or virtual charter schools which the student may attend during the student's expulsion. Provides that if a student is expelled from school or from any educational function, the student's absence from school because of the expulsion provisions requiring compulsory school attendance if the student may enroll in: (1) an alternative education program in the county or in a county immediately adjacent to the county containing the school corporation from which the student was expelled; or (2) a virtual charter school if the student does not enroll in a program or virtual charter school during the student's expulsion.
Sponsor: Mike Bohacek
Child support modification. Defines, for purposes of child support modification, an order with respect to child support.
Sponsor: Michael Young
School intergenerational safety pilot project. Establishes the school intergenerational safety pilot project (project) to foster positive youth development through intergenerational relationships between individuals who are at least 55 years of age and students and to improve school safety. Provides that the project expires July 1, 2021. Provides that a school corporation selected by the department of education is eligible to receive a grant from the Indiana safe schools fund to administer the project.
Sponsor: Chuck Goodrich
Mobile integration healthcare. Provides that the office of the secretary of family and social services may reimburse certain emergency medical services provider agencies for covered services provided to a Medicaid recipient as part of a mobile integration healthcare program. Amends the definition of "emergency medical services" to include transportation services, acute care, chronic condition services, or disease management services as part of a mobile integration healthcare program. Provides that the emergency medical services commission (commission), in consultation with the state department of health, may develop a mobile integration healthcare program and approve mobile integration healthcare program applications. Sets forth requirements of the commission concerning the mobile integration healthcare program. Provides that the commission may establish and administer a mobile integration healthcare grant and establishes the mobile integration healthcare grant fund.
Sponsor: Karen Tallian
Kinship care navigator report. Requires the department of child services to annually issue a report to the general assembly concerning the kinship care navigator program.
Sponsor: Vanessa Summers
Forensic medicine. Establishes the office of forensic medical studies as a division of the state police department. Requires the state police department, in consultation with the Indiana State Coroner's Association, Indiana Sheriff's Association, and coroner's training board, to study the need for a state medical examiner, and provides that the department may employ a physician to assist with the study. Specifies the qualifications of a person who may perform an autopsy.
Sponsor: Erin Houchin
Children's commission report and DCS human trafficking coordinator. Changes, from July 1 to September 1, the date by which the commission on improving the status of children in Indiana (commission) must submit its annual report. Requires the commission to study the topic of the department of child services employing a human trafficking coordinator. Removes an expired provision.
Sponsor: Karen Engleman
Child fatality report information. Specifies that the report concerning child fatalities in Indiana must be completed before December 31 of each year for the preceding calendar year and include information concerning whether the death occurred: (1) while the child was placed in foster care; or (2) after the child, who was once placed in foster care, was returned to a natural parent.
Sponsor: Jean Leising
Veteran status information data base. Requires the following questions to be included on applications for a driver's license or permit and for a state identification card: (1) "Have you served in the armed forces of the United States?". (2) "Are you the surviving spouse of someone who served in the armed forces of the United States or their reserves, in the National Guard, or in the Indiana National Guard?". Makes it optional for an applicant for a driver's license or permit and an applicant for a state identification card to answer the following questions set forth on applications for a driver's license or permit and for a state identification card: (1) "Have you served in the armed forces of the United States?". (2) "Are you the surviving spouse of someone who served in the armed forces of the United States or their reserves, in the National Guard, or in the Indiana National Guard?". Allows for the Indiana department of veterans' affairs to develop outreach programs for veterans and their families using information received from driver's license and permit applications and state identification card applications.
Sponsor: Doug Gutwein
Utility transmission improvements and costs. Amends the statute concerning transmission, distribution, and storage system improvements charges (TDSIC) for electric and gas utilities to provide that for purposes of the statute, "eligible transmission, distribution, and storage system improvements" include: (1) projects that do not include specific locations or exact numbers; and (2) advanced technology investments. Provides that a public utility's required plan under the statute (defined under the new provisions as a "TDSIC plan") must cover a period of: (1) at least five years; and (2) not more than seven years. Requires a utility to update its TDSIC plan at least annually. Provides that an update to a TDSIC plan may include new projects or improvements. Specifies that a targeted economic development project may include a project related to the provision of electric service. Provides that a utility may: (1) terminate a TDSIC plan upon 60 days notice to the utility regulatory commission (IURC); and (2) petition the IURC for approval of a new TDSIC plan. Provides that a utility that terminates a TDSIC plan must petition the IURC for review and approval of the public utility's basic rates and charges with respect to the same type of utility service before the original expiration date of the terminated plan. Provides that eligible transmission, distribution, and storage improvements receiving TDSIC treatment before termination of the plan shall continue to receive TDSIC treatment after termination of the plan until a final order in the public utility's next general rate case is issued. Provides that for purposes of the provision prohibiting the IURC from approving a TDSIC that would result in an average aggregate increase in a public utility's total retail revenues of more than 2% in a 12 month period, the IURC shall consider the combined 12 month revenue impact of the TDSIC approved under the terminated plan and the TDSIC approved under any new TDSIC plan. Changes the amount of time in which the IURC must hold a hearing and issue an order on a public utility's petition for a TDSIC from 90 days to 120 days. Sets forth required findings of the IURC in an order concerning new: (1) projects or improvements; or (2) targeted economic development projects; included in a utility's updated TDSIC plan.
Sponsor: Edmond Soliday
Occupational safety and health. Creates a new civil penalty for certain occupational safety and health violations.
Sponsor: Martin Carbaugh
Loss insurance. Allows the state board of animal health to purchase insurance to cover the loss and damages to the state of Indiana related to a prevalent animal disease incident.
Sponsor: Jean Leising
Payment of court costs. Allows a court to reduce some or all of the court costs owed by a person who performs community service or approved uncompensated volunteer work by: (1) determining the number of hours of community service or volunteer work performed by the person; (2) multiplying the number of hours worked by the Indiana minimum wage; and (3) deducting that figure from the amount owed. Excludes from the calculation community service hours required to be performed under a plea agreement.
Sponsor: Jim Pressel
Crimes involving synthetic drugs. Makes possessing or dealing in a substance that is a controlled substance analog an offense of the same level as possession of or dealing in the controlled substance of which the substance is an analog. Defines "substance represented to be a controlled substance" and establishes certain factors the trier of fact may consider to determine if a substance meets the definition. Repeals crimes concerning synthetic drug lookalike substances. Provides that convictions for synthetic drug offenses will, in certain cases, no longer be treated the same as marijuana offenses. Makes conforming amendments.
Sponsor: Sharon Negele
Teacher residency grant pilot program. Establishes the: (1) teacher residency grant pilot program (pilot program); and (2) teacher residency grant pilot program fund. Requires the commission for higher education (commission) to administer the pilot program. Provides that the commission may award grants to school corporations and charter schools that: (1) apply to participate in the pilot program; (2) partner with one approved postsecondary educational institution to establish and implement a teacher residency program (program); (3) submit a teacher residency plan that establishes a program that meets certain requirements; and (4) provide other information required by the commission. Provides that a school corporation or charter school that is awarded a grant under the pilot program: (1) shall provide stipends to program participants and teachers who act as mentors to program participants; and (2) may use money from the grant award to pay the approved postsecondary educational institution with which the school corporation or charter school has partnered for administrative costs incurred by the approved postsecondary educational institution in developing and implementing the program. Requires the commission to submit a report regarding the pilot program and the retention and performance of program participants.
Sponsor: Dale DeVon
Teacher career ladders. Makes changes to the requirements necessary for a school corporation to receive a grant from the teacher and student advancement grant program (program). Provides that charter schools may receive grants under the program. Provides that not later than July 1, 2020, and each July 1 thereafter, the department shall submit a report to the governor and the general assembly regarding the program. Repeals provisions relating to the career pathways and mentorship program. Repeals provisions relating to the Indiana new educator induction pilot program.
Sponsor: Robert Behning
Bunkhouse safety requirements. Defines "bunkhouse". Provides that, before January 1, 2021, the commission may adopt rules to exempt bunkhouses from being required to be equipped with an automatic fire sprinkler system.
Sponsor: Sharon Negele
Unemployment insurance matters. Includes in the definition of "employment", for the purposes of the unemployment compensation system, service performed by a driver who provides drive away operations, if the driver is employed by a state or local government entity, a federally recognized Indiana tribe, or a nonprofit organization. Excludes from the definition of "employment", for purposes of the unemployment compensation system, service performed by a driver who provides drive away operations when: (1) the vehicle being driven is the commodity being delivered; and (2) the driver has entered into an agreement with the party arranging for the transportation that specifies the driver is an independent contractor and not an employee.
Sponsor: Blake Doriot
Emergency communication disorder permits. Allows the department of education to issue an emergency communication disorder permit to an individual to serve the needs of certain students who are eligible for speech and language services. Provides that the director of a graduate program in communication disorders shall confirm to the department of education that an individual is complying with certain emergency communication disorder permit requirements. Requires the Indiana professional licensing agency, in consultation with the department of education, the office of educator effectiveness and licensing, the Indiana Council of Administrators of Special Education (ICASE), the Indiana Association of Public School Superintendents
Sponsor: Vaneta Becker
Abortion matters. Provides that a person may not knowingly or intentionally perform a dismemberment abortion unless reasonable medical judgment dictates that performing the dismemberment abortion is necessary to: (1) prevent serious health risks to the mother; or (2) save the mother's life. Provides that the penalty for performing a dismemberment abortion is a Level 5 felony. Provides that certain individuals: (1) may petition for an injunction; (2) may bring an action for the recovery of damages; and (3) are entitled to attorney's fees; if a dismemberment abortion is performed. Provides anonymity safeguards in court or administrative actions for a woman on whom a dismemberment abortion was performed. Amends the definition of "abortion complication".
Sponsor: Peggy Mayfield
School corporation operations fund levy. Provides for an increase in the maximum permissible operations fund levy for the North Spencer County School Corporation.
Sponsor: Steve Bartels
Health provider ethical exemption. Includes: (1) nurses; (2) physician assistants; and (3) pharmacists; in the prohibition from being required to perform an abortion or assist or participate in procedures intended to result in an abortion if the health care provider objects to the procedures on ethical, moral, or religious grounds. (Current law applies only to physicians and employees.) Adds a prohibition on requiring certain providers to prescribe, administer, or dispense an abortion inducing drug.
Sponsor: Elizabeth Brown
County park boards. Makes changes to: (1) the procedure for a county to adopt an ordinance creating a department of parks and recreation (department); and (2) the composition of the county park board (county board). Requires that if the county fiscal body amends the ordinance that created a department as to the members of the county board, the amended ordinance must provide that the composition of the members of the county board are selected in accordance with the remainder of the bill. Prohibits a county fiscal body (after December 31, 2019) from adopting an ordinance to create a department. Provides that, if the county fiscal body has not adopted an ordinance or has repealed the ordinance creating a department before January 1, 2020, the county executive may adopt an ordinance to create a department. Provides that in a county that has an ordinance that is in effect on June 30, 2019, the ordinance is unchanged unless amended or repealed by the county fiscal body and specifies that the county board in such a county is governed by the current law for the composition of the county board. Sets forth who may serve as an ex officio member of the county board created by the county executive using the procedure added by the bill. Makes conforming and stylistic changes.
Sponsor: Edmond Soliday
Various higher education matters. Changes the name of Bethel College to Bethel University and Manchester College to Manchester University and removes Saint Joseph's College with regard to the definitions of an "authorizer" of a charter school and an "approved postsecondary educational institution". Makes changes concerning the name of Purdue University Fort Wayne. (Current law references the university as Indiana University-Purdue University Fort Wayne.) Provides that: (1) the commission for higher education (commission) shall provide each high school in Indiana with the names of the students of that high school who have filed for financial aid if the high school has entered into an agreement with the commission; and (2) each Indiana high school shall enter into an agreement to allow the commission to share the information with the Indiana high school. Removes a provision that requires the insurance commissioner to deposit fees collected for certain insurance producer certificates into the insurance education scholarship fund (which is being repealed). Repeals provisions concerning the following: (1) Hoosier scholar award program. (2) Insurance education scholarship fund. (3) Teacher loan repayment program and fund. Repeals provisions that require: (1) the board of trustees of Indiana University to facilitate the development and operation of Indiana University-Purdue University Fort Wayne as a multisystem metropolitan university; and (2) each state educational institution to provide the commission with a report concerning participation in the senior citizen tuition exemption. Repeals provisions concerning the board of trustees of Indiana University and the Fort Wayne Art Institute. Repeals a provision that requires Ivy Tech Community College to enter into a lease with the owners of the Fort Wayne Regional Public Safety Center to further its partnership with certain entities to offer public safety related degree programs. Makes conforming changes.
Sponsor: Holli Sullivan
Unlawful indemnity agreements. Provides that the law concerning indemnity agreements in construction or design contracts applies to certain design-build contracts. Specifies that "sole negligence" for purposes of liability under a construction or design contract does not include: (1) vicarious liability; (2) imputed negligence; or (3) assumption of a nondelegable duty. Specifies that provisions in certain professional services contracts requiring indemnification or defense of a promisee for liability are void.
Sponsor: Mark Messmer
Principal dwelling land contracts. 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 the seller under a contract must provide the buyer with certain disclosures at least 10 days before the contract is executed. Sets forth disclosures that must be included in a contract. Requires all preexisting liens on the property to be satisfied by the seller by the end of the contract term. Provides that a contract must permit a buyer to pay the balance owed and receive the deed at any time. Prohibits prepayment penalties or additional charges for an early payoff. Provides a three-day cancellation period for both the buyer and seller. Allows the seller and the buyer to transfer their respective interests in the contract to other parties, subject to certain conditions. Requires the seller to provide the buyer with an annual statement of account. Sets forth certain rights and responsibilities of the parties upon default by either the buyer or the seller. Sets forth acts and omissions constituting violations and establishes remedies for these violations. Provides that a violation of these provisions constitutes an incurable deceptive act that is actionable by the attorney general under the deceptive consumer sales act. Authorizes the attorney general, in consultation with the department of financial institutions, to adopt rules to implement these provisions. 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. Requires that a title search be conducted, and that a statement regarding title insurance be provided by the seller to the buyer. Requires that the executed principal dwelling land contract or a memorandum of land contract be notarized. Provides that, if the buyer defaults, then the seller and buyer may execute a notarized release of land contract quitclaim deed, and both shall be recorded by the seller within 30 days of execution.
Sponsor: Vanessa Summers
Tourism development. Expires the office of tourism development (office) on July 1, 2020. Modifies the office's duties and administrative structure and transfers the duties to the Indiana destination development corporation (corporation) after June 30, 2020. Establishes the corporation as a public body corporate and politic and an instrumentality of the state. Provides that the corporation is governed by a board composed of the following individuals: (1) The governor or governor's designee. (2) The president of the Indiana economic development corporation or president's designee. (3) Five members of the private sector tourism industry, appointed by the governor. Sets forth the corporation's powers and duties. Makes corresponding changes.
Sponsor: Michael Karickhoff
State fair. Reorganizes the state fair board (board) member districts. Provides for the transition and retention of current board members. Adds: (1) the director of the Purdue University cooperative extension service and an appointed member of the state fair board (board) as voting members of the state fair commission (commission); and (2) the chairperson and vice chairperson of the state fair advisory committee and a community representative as nonvoting members of the commission. Provides that not more than two members of the commission may be from the same district. Provides that the commission and the board shall ensure that the state fair (fair) is held annually. Specifies that the commission is responsible for all contracts related to the fair. Provides that statewide organizations may be certified by the department of agriculture (department) as eligible to vote in a state fair district election. Requires the department to maintain a list of organizations on the department's Internet web site that are certified to vote in a district election. Requires the director or an employee of the department designated by the director to preside over a district convention. Allows certain individuals to act as observers during the counting of the ballots. Requires the department, after the results of the election have been certified, to: (1) destroy the ballots; and (2) preserve the tally papers. Specifies responsibilities for the commission and board concerning the state fair and the fairgrounds. Repeals statutes concerning the center for agricultural science and heritage. Establishes the committee for agricultural science and heritage to advise the commission. Specifies that both the board and commission are state agencies for purposes of the Indiana tort claims act. Makes conforming changes.
Sponsor: Donald Lehe
Election cyber security. Defines "VSTOP" (the "voting system technical oversight program") in the election code. Requires the election division to, if a voter registration record does not contain a date of birth or a birth 115 years or more, to request the information from the bureau of motor vehicles. Requires the secretary of state to establish proficiency standards for individuals who are authorized to access the statewide voter registration file. Requires such individuals to meet the proficiency standards in order to access the file. Sets forth requirements to be met before delivery of an electronic poll book. Requires the county election board (rather than the inspectors), teams that meet specified requirements, or commercial delivery entities to deliver voting systems and electronic poll books to precincts and vote centers and sets requirements. Requires counties to consider relevant factors to ensure the security of polling locations. Provides that a county election board is responsible for ensuring that all electronic poll books are dedicated devices to be used only for their intended purpose and for no other activity. Provides that software not needed for the essential purpose of running the electronic poll book may not be installed on an electronic poll book. Revises the procedure for selection of machines of voting systems for testing before an election and sets time frames. Provides that after December 31, 2029, a county may not use an electronic voting system that does not have a voter verifiable paper audit trail. Provides that each application for certification of an electronic poll book must be accompanied by a fee of $1,500. Requires these fees to be deposited in the voting system technical oversight program account. Increases the application fee for certification of voting systems from $1,500 to $5,000. Requires voting system vendors to conduct annual background checks on certain employees. Requires voting system vendors to report certain information relating to malfunctions of the voting systems. Sets forth requirements of correcting a ballot. Adds information required in the VSTOP evaluation report given to the secretary of state for electronic poll books. Adds certain information that must be reported by the vendor of an electronic poll book relating to an anomaly or problem with the electronic poll book. Provides that the following information is confidential: (1) administrative or technical information that would jeopardize a voting system or voter registration system; (2) infrastructure records that disclose the configuration of a voting system or voter registration system critical infrastructure; (3) resolutions adopted by a county election board to establish security protocols for elections systems; and (4) the inventory of voting systems and electronic poll books maintained by the VSTOP. Requires license branches to transmit electronically scanned copies of voter registrations.
Sponsor: Greg Walker
Supported decision making. Requires that a person who files a petition for the appointment of a guardian for an incapacitated person or minor must inform the court what less restrictive alternatives were considered or implemented and, if less restrictive alternatives were not considered or implemented, the reason for the failure to consider or implement less restrictive alternatives. Provides for the use of supported decision making agreements for adults who need support and accommodations in making, communicating, and effectuating decisions.
Sponsor: Eric Koch
Terrorism. Repeals and replaces in a new article the offense of: (1) possession, use, or manufacture of a weapon of mass destruction; (2) agricultural terrorism; (3) terroristic mischief; and (4) terroristic deception. Specifies that "terrorism" includes the unlawful threat or use of force to affect the conduct of a government. Makes providing material support to a terrorist a Level 5 felony, and increases the penalty to a Level 2 felony if the material support includes the commission of a felony or if the act of terrorism is reasonably likely to cause serious bodily injury to another person. Makes concealing or harboring a person who has committed a terrorist act a Level 6 felony, and increases the penalty to a Level 3 felony if the terrorist act resulted in serious bodily injury or death. Makes committing a criminal offense with the intent to benefit a terrorist organization or to increase the person's standing in a terrorist organization a Level 5 felony, and increases the penalty to a Level 3 felony if the offense involves the unlawful use of a firearm or a weapon of mass destruction. Provides that a person who commits an offense with the intent to assist another person in the commission of a felony terrorist offense is subject to an additional sentence enhancement equal to the sentence imposed for the underlying offense. Specifies that a person commits intimidation if: (1) the threatening communication places a person in fear that certain threats will be carried out; or (2) if the threatening communication is made to a person other than the person who is the subject of the threat. Enhances the penalty for intimidation if the threat relates to a person's occupation. Defines "police radio mobile application" as an application installed on a mobile device that allows a person to listen to the contents of traffic carried on police radio frequencies. Provides that a person who possesses or uses a police radio mobile application: (1) while committing a crime; (2) to further the commission of a crime; or (3) to avoid detection by a law enforcement agency; commits unlawful use of a police radio, a Class B misdemeanor.
Sponsor: Aaron Freeman
Campaign finance reports. Requires candidates for legislative offices to file campaign finance reports electronically.
Sponsor: Peggy Mayfield
Eminent domain for nonpublic uses. Amends the statute concerning the use of eminent domain to acquire real property for nonpublic uses to provide that the requirement that a condemnor compensate the owner of residential property acquired under the statute in the amount of 150% of the fair market value of the property applies: (1) only to residential property occupied by the owner as a residence, in the case of an eminent domain proceeding: (A) initiated before July 1, 2019; and (B) with respect to which the fair market value of the parcel has been determined before July 1, 2019; and (2) to all residential property, regardless of whether the property is occupied by the owner as a residence, in the case of an eminent domain proceeding initiated: (A) after June 30, 2019; or (B) before July 1, 2019, and with respect to which the fair market value of the parcel has not been determined before July 1, 2019. Defines "residential property" for purposes of the statute.
Sponsor: David Wolkins
Public defenders. Authorizes the Indiana public defender commission to create guidelines and requirements pertaining to a multicounty public defender's office. Authorizes a county executive to adopt an ordinance that allows the county to enter into an interlocal agreement with one or more counties for the purpose of: (1) creating a multicounty public defender's office; and (2) providing legal services to indigent persons located in the areas subject to the interlocal agreement. Requires interlocal agreements concerning indigent criminal defense to be administered by a joint board. Prohibits certain persons from acting as a member of a joint board. Specifies: (1) term limits; and (2) meeting requirements; for joint boards. Requires the auditor of one county belonging to an interlocal agreement to: (1) receive; (2) disburse; and (3) account for; all monies distributed to a multicounty public defender's office. Amends certain definitions. Makes conforming amendments.
Sponsor: Michael Young
Gas and oil well assessment. Provides for the imposition of a monetary penalty against owners of oil or gas interests who fail to timely file a property schedule for gas and oil well assessments.
Sponsor: Shane Lindauer
Women's suffrage centennial commission. Establishes the Indiana women's suffrage centennial commission (commission). Provides that the commission shall seek to promote activities that commemorate the passage of the Nineteenth Amendment to the Constitution of the United States. Establishes the Indiana women's suffrage centennial commission fund to pay for special projects of the commission.
Sponsor: Sharon Negele
State police supplementary death benefit. Provides that the state police department may not use a deceased employee beneficiary's retirement date with the department as a factor in determining the amount of the deceased employee beneficiary's supplementary death benefit.
Sponsor: Charles Burton
Professional licensing matters. Provides for an annual renewal process for appraisal management companies. Changes the designation of certified dietician to licensed dietician. Allows for a hearing aid dealer in training to fit or dispense hearing aids while under the supervision and direction of an individual who holds a temporary or valid hearing aid dealer certificate of registration. Defines a conviction of concern. Amends a provision concerning the way a conviction for a crime of concern affects an individual with a professional license or certification. Removes a provision that requires a dental hygienist to obtain and maintain a national provider identifier number. Allows for the state board of dentistry (board) to issue dental residency permits and dental faculty licenses. (Current law allows for the board to issue limited dental residency permits and limited faculty licenses.) Removes a provision that prohibits an Indiana dental school from having more than 10% of its full-time faculty licensed with an instructor's license. Makes various changes to provisions concerning how a conviction for a crime of concern affects an individual with a professional license or certification.
Sponsor: Dennis Zent
Property tax matters. Provides that if a for-profit land developer acquires land in inventory from a school corporation or a local unit of government, the land in inventory shall be assessed as agricultural land at the agricultural land base rate on the first assessment date immediately following the date on which the land developer acquires title to the land in inventory, and thereafter the land in inventory is subject to the usual provisions for reassessment of a land developer's land in inventory. Restores the property tax exemption for certain real property that is acquired for the purpose of erecting, renovating, or improving a single family residential structure that is to be given away or sold: (1) in a charitable manner; (2) by a nonprofit organization; and (3) to low income individuals who will use the land as a family residence. Provides a property tax exemption for assessment dates occurring after December 31, 2016, for certain property owned by an Indiana nonprofit public benefit corporation exempt from taxation under Section 501(c)(3) of the Internal Revenue Code if: (1) the property is used in the operation of a nonprofit health, fitness, aquatics, and community center; and (2) the acquisition and development of the property are provided in part under the regional cities initiative of the Indiana economic development corporation. Allows a refund for any property taxes paid in 2018 and 2019 for property that qualifies for the exemption.
Sponsor: Doug Miller
Grants from state disaster relief fund. Provides that the maximum amount that an individual may receive from the state disaster relief fund (fund) as compensation for damages to the individual's property is $10,000. (Current administrative rules provide that the maximum amount is $5,000.) Voids provisions in the Indiana Administrative Code that set forth a maximum compensation amount of $5,000. Directs the department of homeland security to amend, before July 1, 2020, the administrative rule concerning the fund to reflect a maximum compensation amount of $10,000 for individuals.
Sponsor: David Niezgodski
Study committee. Urges the legislative council to assign to an appropriate interim study committee the task of studying the topic of taxation of: (1) CBD oil; and (2) vaping products.
Sponsor: Timothy Brown
Homeowners associations. Provides that, subject to certain specified exceptions, a homeowners association may not: (1) prohibit the owner of a dwelling unit from installing a solar energy system; (2) impose unreasonable limitations on the owner's ability to install or use a solar energy system; or (3) require the removal of a solar energy system that has been installed. Provides, however, that a homeowners association may require: (1) compliance with screening requirements imposed by the homeowners association; and (2) preapproval of the location of a solar energy system and of the manner in which the solar energy system is installed. Applies only to rules, covenants, declarations of restrictions, and other governing documents adopted or amended by a homeowners association after June 30, 2019. Provides that if a party to a dispute involving a homeowners association requests mediation, mediation is mandatory. Provides that if neither party requests mediation, or if mediation is unsuccessful, a claimant may begin legal proceedings. Requires a mediation to be conducted in compliance with the Indiana supreme court rules for alternative dispute resolution. Makes corresponding amendments to the provisions regarding grievance resolutions involving condominium associations.
Sponsor: Mike Speedy
Education matters. Provides that the state board of education (state board) and the governing body of a school corporation or nonpublic school may not enter into, renew, or otherwise extend a contract to establish a freeway school after June 30, 2019. Provides that provisions relating to the establishment and administration of freeway schools expire June 30, 2024. Establishes new requirements to accredit a public or private elementary or secondary school in Indiana. Provides that a school corporation or performance based accredited school may waive compliance with certain statutes or rules for a particular school that is placed in either of the three highest categories or designations of school improvement. Provides that a school corporation or accredited school may submit a request to the state board to waive certain statutes or rules for a particular school that is placed in either of the two lowest categories or designations of school improvement. Provides that if a nonpublic school that is accredited is placed in the lowest category or designation of school improvement for four consecutive years, the state board shall revoke the nonpublic school's accreditation. Changes certain references from nonaccredited nonpublic school to nonaccredited schools with one or more employees. Provides that a public school may not waive certain provisions. Includes virtual or electronic learning (E-Learning days) and other virtual activities in the definition of "instructional time". Provides that if a school corporation: (1) delays the start of the school day by not more than two hours later than the normal school start time; or (2) releases students not more than two hours earlier than the normal student release time; because of weather or to otherwise ensure the safety of the students, the school day shall count as a full instructional day. Removes a requirement that child abuse and child sexual abuse instruction to students in kindergarten through grade 12 must be research and evidence based instruction. Provides that, in identifying outlines or materials for instruction on child abuse and child sexual abuse, the department of education (department) must work in consultation with school safety specialists, school counselors, school social workers, or school psychologists. (Current law requires the department to work with school safety specialists and school counselors.) Voids an Indiana administrative rule relating to school accreditation. Repeals a provision that requires the state board to implement a system of recognizing certain education programs of nonpublic schools. Repeals: (1) provisions establishing performance qualified school districts; (2) a provision relating to performance based school accreditation; (3) a provision pertaining to school improvement plans; and (4) a provision pertaining to the recognition of educational programs of nonpublic schools. Resolves a conflict between HEA 1074-2018 and HEA 1002-2018. Requires each school corporation, charter school, and accredited nonpublic elementary school to include cursive writing in its curriculum. Repeals a provision that provides each school corporation may include cursive writing in the school corporation's curriculum.
Sponsor: Robert Behning
Electronic estate planning. Allows a person to contest two or more wills if there is prima facie evidence that: (1) the decedent suffered from an irreversible medical or psychiatric condition that predated the earliest will to be challenged; or (2) a party beneficially interested in one or more of the challenged wills had a direct and active nexus with the preparation or execution process for each will to be challenged. Provides that, in a contest of two or more wills in one proceeding, the court shall review attorney's fee claims at the conclusion of the will contest, and the award and allocation of attorney's fees paid from the estate shall be solely at the discretion of the court. Authorizes the Indiana supreme court and office of judicial administration to establish and administer a statewide electronic estate planning documents registry (registry). Allows certain individuals to deposit certain items into the registry. Requires the administrator of the registry to catalog submitted items in a certain manner. Requires the registry administrator to make the registry index: (1) available to; and (2) searchable by; the public. Requires the registry administrator to keep the substantive content of electronic documents submitted to or deposited with the registry private, secure, and inaccessible to the public. Requires the registry administrator to issue a certified report concerning the existence of certain items submitted to or deposited with the registry in certain instances. Requires the registry administrator to issue a certified transcript of certain documents submitted to or deposited with the registry in certain instances. Allows the registry administrator to charge fees in certain instances. Specifies that the issuance of a court order on any matter related to an unsupervised estate does not revoke the personal representative's authority to continue the administration of the estate as an unsupervised estate. Provides that restrictions concerning the sale of real estate by an estate executor or administrator for the purpose of defraying the debts or obligations of a decedent are inapplicable in certain instances. Specifies how prima facie evidence of the devolution of real estate title to distributees may be established. Specifies recording requirements for affidavits concerning the devolution of real estate titles. Specifies notice requirements for claims made by the estate recovery unit of the office of Medicaid policy and planning. Defines the term "specified adult" as a person who: (1) is not less than 65 years of age; or (2) is a person who: (A) is at least 18 years of age; and (B) has a mental or physical impairment that prohibits the person from protecting the person's interests. Allows certain individuals to act on behalf of a specified adult in certain instances involving the financial exploitation of the specified adult. Voids certain transfers of real property if: (1) the transfer of the real property involves a transfer on death deed; and (2) the transfer of the real estate is not recorded: (A) before the death of the grantor; and (B) with the recorder of deeds in the county where the real property is situated. Defines certain terms. Makes conforming and technical amendments.
Sponsor: John Young
Public works study. Urges the legislative council to assign to the interim study committee on government a study of the topic of certain statutory requirements of contractors on public works projects.
Sponsor: Chuck Goodrich
Importation of domestic animals from abroad. Provides that any person who transfers a domestic dog or cat from a foreign country into Indiana shall provide the recipient of the domestic dog or cat with a copy of the domestic dog's or cat's certificate of veterinary inspection or official health certificate. Provides that a person who receives a domestic dog or cat that is imported from a foreign country into Indiana shall submit to the state board of animal health a copy of the domestic dog's or cat's certificate of veterinary inspection or official health certificate not more than 30 days after receiving the domestic dog or cat. Permits a person to provide or submit an electronic copy of a domestic dog's or cat's certificate of veterinary inspection or official health certificate.
Sponsor: Jean Leising
School safety equipment. Adds definition of a "bleeding control kit". Provides that, subject to an appropriation by the general assembly or a donation, each school corporation and charter school shall develop and implement a Stop the Bleed program (program). Provides that the department of education, in collaboration with the department of homeland security, shall develop and provide training for the use of bleeding control kits. Provides that, in all matters relating to the program, school corporation or charter school personnel are immune from civil liability for any act done or omitted in the use of a bleeding control kit unless the action constitutes gross negligence or willful or wanton misconduct. Requires a school's safety plan to include the location of bleeding control kits.
Sponsor: Randall Frye
Pension matters. Makes additional conforming changes with previous legislation for the purpose of allowing a retired member of PERF or TRF to make partial withdrawals from the member's annuity savings account. Rephrases provisions concerning the election to begin receiving PERF or TRF benefits while employed that applies to certain elected officials and other employees who have attained the age of 70. Rephrases the method for calculating service credit for leaves of absence taken by PERF members. Provides that money in the pension relief fund may be used for reasonable administrative expenses approved by the Indiana public retirement system. Rephrases certain provisions in the statutes governing the public employees' defined contribution plan and the teachers' defined contribution plan to remove references to the annuity savings accounts in PERF and TRF, which are no longer used to implement the two defined contribution plans. Adds the public employees' defined contribution plan and the teachers' defined contribution plan to the list of public pension and retirement funds that comprise the Indiana public retirement system. Provides that assets of the judges' retirement system and the prosecuting attorneys retirement fund are exempt from legal process and that a member may assign benefit payments only for certain medical insurance premiums and association dues for certain associations. Specifies that any postretirement benefit increase to the PERF part of a prosecuting attorney's retirement benefit has no effect on the part of the retirement benefit that is paid from the prosecuting attorneys retirement fund. Makes clarifying additions to certain provisions of the 1977 police officers' and firefighters' pension and disability fund relating to the purchase of service credit by or on behalf of members. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)
Sponsor: Philip Boots
Reserve police officer continuing education. Allows a county, city, or town law enforcement agency to provide continuing education to appointed police reserve officers.
Sponsor: Peggy Mayfield
Ambulance service program membership. Increases from one year to five years the maximum period permitted for membership in an ambulance service program for the program to be exempt from regulation as an insurance product.
Sponsor: Shane Lindauer
Cemetery perpetual care fund distributions. Provides that a cemetery perpetual care fund that is a trust may be converted into a total return unitrust (a trust from which the trustee pays out an amount computed as a percentage of the fair market value of the trust assets instead of paying out the income of the trust). Provides that the percentage used to compute the amount paid out from a perpetual care fund converted into a total return unitrust must: (1) represent a reasonable current return from the trust; (2) be agreed upon in writing by the trustee and the owner of the cemetery or ordered by the court having jurisdiction of the trust; (3) serve the purpose of the perpetual care of the cemetery; and (4) be not less than 3% or more than 5%. Prevents certain distributions from being made from a total return unitrust in certain instances. Provides that, except for withdrawals for the payment of expenses, all withdrawals from a trust converted into a total return unitrust must be devoted to the perpetual care of the cemetery, including the immediate maintenance needs of the cemetery.
Sponsor: Eric Koch
Prescriptions. Allows certain prescriptions to be transmitted electronically. Requires dentists, physicians, advanced practice registered nurses, optometrists, physician assistants, and podiatrists to issue a prescription for a controlled substance in an electronic format and by electronic transmission after December 31, 2020. Provides exceptions to issuing an electronically transmitted prescription for a controlled substance. Requires the Indiana board of pharmacy to adopt rules concerning electronically transmitted prescriptions for controlled substances. Provides that dentists, physicians, advanced practice registered nurses, optometrists, physician assistants, and podiatrists are subject to disciplinary action for violating these provisions. Requires a pharmacy to transfer, upon the request of a patient, a prescription for the patient that the pharmacy has received but not filled to another pharmacy. Sets forth exceptions. Urges the legislative council to assign to an appropriate interim study committee the task of studying: (1) the advantages, disadvantages, and feasibility of requiring health care providers to issue prescriptions in an electronic format and by electronic transmission; and (2) any exceptions that would be needed to a requirement for health care providers to issue prescriptions in an electronic format and by electronic transmission. Makes conforming changes.
Sponsor: Ronald Grooms
Water or sewer service for condominiums. Amends existing law to provide that: (1) a landlord; (2) a condominium association; or (3) a homeowners association; that distributes water or sewage disposal service from a water or sewer utility to one or more tenants, condominium units, or homeowners association members, as applicable, is not a public utility solely by reason of engaging in this activity if the landlord or association complies with certain billing and disclosure requirements. (Current law provides this exemption from public utility status only with respect to landlords distributing water or sewer utility services to tenants.)
Sponsor: Ethan Manning
Study committee on protection of senior citizens. Urges the legislative council to assign to an appropriate interim study committee the task of studying certain issues concerning elder care.
Sponsor: Melanie Wright
Medicaid reimbursement for children's hospitals. Requires the office of the secretary of family and social services (office) to compile information from other states and collaborate with Medicaid directors of states bordering Indiana concerning the provision of services and reimbursement for Medicaid children recipients who receive care in states other than the state in which the recipient resides. Requires a meeting with certain stakeholders before October 1, 2019, and sets forth requirements of the meeting. Requires the office to update the house public health committee and the senate health and provider services committee concerning the office's progress. Allows the office to apply to the United States Department of Health and Human Services for a program or procedure: (1) concerning the provision of Medicaid services and Medicaid reimbursement for Indiana Medicaid children recipients who receive care in children's hospitals or Medicaid services from providers located in a state that borders Indiana; and (2) that was developed with the stakeholders.
Sponsor: Edmond Soliday
Charity gaming. Repeals the current charity gaming article and replaces it with a reorganized and revised charity gaming article. Raises the prize limits for when a qualified organization is not required to obtain a license for an allowable activity. Consolidates the current license types into an annual activity license, single activity license, convention raffle license, and annual affiliate license. Creates an expedited application processing fee. Repeals the door prize limits and qualified drawings. Renames the comprehensive charity gaming license to the annual affiliate license. Revises fee tables for license renewals.
Sponsor: Ben Smaltz
Nonprofit property tax exemption. Provides a property tax exemption to a nonprofit corporation that owns real property in Marion County that was acquired for the primary purpose of using the real property as part of a community redevelopment project in an economically distressed area.
Sponsor: Jean Breaux
Telephone CPR instruction training. After July 1, 2020, requires an individual to complete a telephone cardiopulmonary resuscitation (T-CPR) training program (program) approved by the division of fire and building safety (division) if the individual: (1) answers 911 emergency medical telephone calls for a state or local law enforcement agency or fire protection agency, including a volunteer fire department (agency); and (2) is authorized by the agency's protocols to provide T-CPR instructions to a caller. Provides that the division may provide programs or third parties may provide programs that are approved by the division. Requires the division to: (1) adopt minimum standards for programs that meet or exceed evidence based nationally recognized emergency cardiovascular care guidelines; and (2) establish continuing education requirements. Allows the division to collect reasonable fees for providing programs and certifications that are deposited in the fire and building services fund. Sets forth certain requirements for a public safety answering point if a public safety answering point transfers a telephone caller to a public safety telecommunicator. Provides that a public safety telecommunicator who has completed a certified training program in emergency medical dispatch call handling is exempt from completing a T-CPR training program. Provides civil immunity for damages relating to the provision of T-CPR instruction. Makes a technical correction.
Sponsor: Ronald Bacon
Voluntary preventative programs for juveniles. Provides that the Indiana supreme court may establish a two-year pilot program to assist juvenile court judges in five Indiana counties in providing voluntary preventative programs for at-risk children. Requires nonjudicial state agencies to assist the Indiana supreme court in the implementation of the pilot program. Requires the supreme court office of judicial administration to report to the legislative council specified information regarding the pilot program.
Sponsor: Victoria Spartz
Exemption from overtime pay. Provides that the requirement to pay an employee who works more than 40 hours in a work week at least 150% of the employee's regular rate for the overtime hours does not apply to an employee of an air carrier to the extent that the hours worked by the employee during a work week in excess of 40 hours are not required by the air carrier but are arranged through a voluntary agreement between employees to trade or reassign their scheduled work hours. Removes outdated language. Relocates language concerning the tip credit. Makes conforming amendments.
Sponsor: David Niezgodski
Misdemeanor penalties. Makes numerous misdemeanors civil infractions for the first offense. Repeals the crimes of vending machine vandalism and refusing to yield a party line. Increases the penalty for obstructing a medical person from a Class B misdemeanor to a Class A misdemeanor. Makes conforming provisions and repeals obsolete provisions.
Sponsor: Michael Young
Water infrastructure assistance fund and program. Provides that money from certain sources in the water infrastructure assistance fund (fund) is continuously appropriated for the purposes of the law concerning the water infrastructure assistance program. Authorizes the authority to establish: (1) the interest rate; or (2) parameters for establishing the interest rate; on each loan made from the fund. Provides that a participant, to receive a loan, grant, or other financial assistance from the fund: (1) must have an asset management program; and (2) must demonstrate to the authority that it has a plan to participate with one or more other participants in cooperative activities. Provides that a participant, after receiving a loan or grant from the fund, must maintain its asset management program: (1) as long as the loan remains unpaid; or (2) during the useful life of the asset financed with the loan or grant. Requires a participant, if appropriate, to conduct or participate in efforts to determine and eliminate the causes of non-revenue water in its water distribution system. Requires the authority to establish a project prioritization system and project priority list for the purposes of awarding loans and grants from the fund. Requires the authority to set aside 40% of the fund for purposes of providing grants, loans, and other financial assistance to or for the benefit of utilities serving less than 3,200 customers. Authorizes the authority to provide advisory services to participants in connection with loans from the fund. Provides that, if appropriate, the authority shall require a participant receiving a loan or other financial assistance from the fund to establish and maintain sufficient user charges, fees, taxes, special assessments, or revenues to: (1) operate and maintain; and (2) pay the obligations of; its water or wastewater collection and treatment system. Authorizes the authority to make loans or provide other financial assistance from the fund to or for the benefit of a participant to establish guaranties, reserves, or sinking funds or for other purposes. Authorizes the authority, as an alternative to making loans or providing other financial assistance to participants, to use the money in the fund to provide a leveraged loan program and other financial assistance programs to or for the benefit of participants.
Sponsor: Edmond Soliday
Indiana ABLE account. Allows a taxpayer to make a one-time transfer from a particular college choice 529 education savings plan account to an Indiana ABLE 529A savings plan without being subject to the requirement for the repayment of tax credits.
Sponsor: Edward Clere
Election audits. Allows the secretary of state to designate counties as risk-limiting audit pilot counties and sets forth a procedure for a county to follow to be designated as a pilot county to conduct risk-limiting audits. Provides for conducting election procedure audits after an election. Authorizes the secretary of state to adopt rules detailing procedures for such audits.
Sponsor: Victoria Spartz
Identification through surgical implants. Allows a coroner to positively identify a dead person by tracking a unique identifying number on a surgically implanted medical device in the dead person's body.
Sponsor: Alan Morrison
Medicaid coverage for doula services. Provides that Medicaid pregnancy services may include reimbursement for doula services.
Sponsor: Jean Breaux
Public construction. Increases, from $100,000 to $150,000, the ceiling under which a board of aviation commissioners or an airport authority board may perform certain public construction projects with its own workforce. Increases, from $75,000 to $150,000 the ceiling under which a county drainage board may obtain quotes rather than advertise for bids for certain projects under the drainage law.
Sponsor: Jim Pressel
Victims of criminal acts. Provides that a new registration period may be imposed if a sex or violent offender fails to register or improperly registers as a sex or violent offender. Prohibits records held by the department of child services to be disclosed to any person who requests the record if it related to an ongoing police investigation or criminal prosecution. Provides that a parent, a guardian, or another representative may file a petition for an order for protection on behalf of a child against a person who engages in sexual grooming activity. Amends the definition of "crime of domestic violence". Creates a procedure where a victim of a sex crime and child victim of a sex crime can have their identity protected from the public. Provides that if a child less than 16 years of age is summoned to testify as a witness to any hearing in any criminal matter, the child shall be allowed to have a comfort item or comfort animal while testifying. Expands the list of offenses that may be prosecuted before a victim reaches 31 years of age to include all offenses of child molesting, vicarious sexual gratification, child solicitation, child seduction, sexual misconduct with a minor, and incest. Provides that a person commits the offense of domestic battery, as a Level 6 felony, if the person has a prior unrelated conviction for strangulation. Provides that a person commits the offense of strangulation, as a Level 5 felony, if the person has a prior unrelated conviction for strangulation. Provides that a person commits the offense of kidnapping, as a Level 4 felony, if it results in moderate bodily injury to a person other than the removing person. Provides that a person commits the offense of criminal confinement, as a Level 4 felony, if it results in moderate bodily injury to a person other than the confining person. Amends certain age requirements and adds enhanced offenses to the offense of child seduction. Provides that a person at least 18 years of age who knowingly or intentionally: (1) performs or submits to sexual intercourse or other sexual conduct with a child less than 16 years of age; or (2) performs or submits to any fondling or touching with a child less than 16 years of age with the intent to arouse or to satisfy the sexual desires of either the child or the older person; commits sexual misconduct with a minor. Prohibits a person who has a Class D felony conviction or a Level 6 felony conviction for domestic battery within the previous 15 years from petitioning the court to reduce the felony conviction to a Class A misdemeanor. Urges the legislative council to assign to an interim study committee the issue of depositions of child victims of sex offenses. Makes conforming amendments.
Sponsor: Mark Messmer
Professional development in accounting. Removes the requirement of a learning plan to be undertaken by a licensed accountant to maintain and improve professional competency. Specifies that there are only two options for license renewal for accountants.
Sponsor: Martin Carbaugh
Pharmacy benefit managers. Requires a pharmacy benefit manager to obtain a license issued by the department of insurance (department). Specifies pharmacy benefit manager network and annual reporting requirements. Provides rulemaking authority for the department. Requires a health plan that denies prior authorization for certain prescription drugs to provide an alternative list of prescription drugs or alternative treatments covered by the health plan. Urges the legislative council to assign to an interim study committee the topic of regulation and practice of pharmacy benefit managers for study and recommendations during the 2019 interim of the general assembly.
Sponsor: Martin Carbaugh
Local fetal-infant mortality review teams. Allows certain persons to establish a local fetal-infant mortality review team (review team) to review fetal deaths and infant deaths to gather information to improve community resources and systems of care. Sets forth duties of a review team. Specifies records related to a death that may be reviewed by the review team, access to the records, and confidentiality of the records. Requires the employment of a statewide fetal-infant mortality review coordinator and specifies duties of the coordinator. Requires a review team to submit a report before July 1 of each year to the state department of health concerning the reviews conducted by the review team. Provides certain civil and criminal immunity for review team members and certain individuals who attend meetings at the invitation of the chairperson of a review team.
Sponsor: Jean Leising
Marion County magistrates. Allows the Marion County superior courts to appoint 24 full-time magistrates after December 31, 2019, not more than 12 of whom may be from the same political party.
Sponsor: Mike Speedy
Medicaid waiver priority status for military child. Requires the office of the secretary of family and social services to apply, before July 1, 2019, to the United States Department of Health and Human Services for an amendment to the family and support services Medicaid waiver to create priority status on the waiver for a child of an active member or veteran of the armed forces or the national guard.
Sponsor: Dennis Zent
Gaming matters. Authorizes sports wagering at riverboats, racinos, a Vigo County casino, and satellite facilities. Provides for the administration and conduct of sports wagering. Imposes initial and annual fees on a licensed owner, operating agent, vendor, or permit holder conducting sports wagering. Imposes initial and annual licensing fees on vendors conducting sports wagering. Specifies that a vendor contracting with a certificate holder has the same authority to conduct sports wagering as the certificate holder. Provides that the Indiana gaming commission (IGC) may issue a temporary certificate of authority or a temporary license to conduct business under certain circumstances. Requires the IGC to deposit vendor license application fees in the sports wagering fund. Requires the IGC to deposit sports wagering service provider license application fees in the sports wagering fund. Sets forth duties for the IGC concerning: (1) sports wagering; and (2) granting certain gambling licenses. Requires the IGC to adopt administrative rules. Specifies that the IGC may act upon information received from a sports governing body in considering requests to prohibit wagering on particular events or to prohibit making wagers of a particular type. Establishes a sports wagering service provider license. Provides that certain items must be acquired from a person that holds both a supplier's license and a sports wagering service provider license. Provides that certain services must be obtained from a person holding a sports wagering service provider license. Specifies that required background checks apply to employees engaged in activities related to sports wagering. Specifies permissible sports wagering wagers. Prohibits wagering on e-sports. Provides the process for withholding delinquent child support from sports wagering winnings. Imposes a sports wagering tax of 9.5% on adjusted gross receipts received from sports wagering. Requires 3.3% of the tax revenue received to be deposited in the addiction services fund. Provides that the Gary riverboat may transfer to an inland location if the licensed owners: (1) pay a $50,000,000 fee; and (2) relinquishes the license for the second riverboat before the date determined by the IGC's approval of the Gary riverboat relocation. Provides that a relinquished license is a terminated license. Caps the maximum number of gambling games that can be offered at the relocated Gary casino. Requires the licensed owner of the relocated Gary casino to pay an additional fee of $50,000,000 if: (1) gaming operations are relocated; and (2) the licensed owner sells or transfers the owner's interest in the owner's license within five years of relocation. Requires the licensed owner of the relocated Gary casino to: (1) offer each employee at the riverboat a similar position at the inland casino; and (2) consider hiring and training individuals laid off from the riverboat in East Chicago before considering other applicants. Provides that an owner's license may be issued to operate an inland casino in Vigo County. Requires the IGC to prepare a report that: (1) evaluates and updates a 2009 report concerning out-of-state casino competition and movement of casino licenses; and (2) describes the current state of gaming in Indiana. Establishes the Vigo County inland casino advisory board (advisory board). Requires the advisory board to provide recommendations concerning applicant proposals for an owner's license to the IGC. Requires the IGC to establish a competitive bid process for an owner's license to operate an inland casino in Vigo County that consists of: (1) an application process; (2) a process for submission of proposals; and (3) an auction process. Provides requirements for the competitive bid process. Requires the fee for the Vigo County casino license to be deposited in the state general fund. Requires a licensed owner or permit holder operating a casino in Vigo County to enter into a development agreement. Repeals the maximum number of owner's licenses that may be issued to a riverboat owner. Makes changes to the graduated wagering tax on gambling games at racinos and wagering tax on gambling games at riverboats. Provides that beginning with state fiscal years after June 30, 2021, a licensed owner or racino may not deduct more than $9,000,000 from adjusted gross receipts from wagering on gambling games. Provides that the IGC shall approve wagering on table games at a racino beginning January 1, 2021. Provides that the state treasurer shall distribute certain tax revenue from an operating agent operating a riverboat in a historic hotel district (operating agent) to the West Baden Springs historic hotel preservation and maintenance fund (fund). Provides that if the balance of the fund exceeds $25,000,000 or in any part of a state fiscal year after the adjusted gross receipts of the operating agent exceeds $100,000,000, distribution of tax revenue from the operating agent shall be paid to the state general fund. Establishes business participation goals for minority business enterprises, women's business enterprises, disadvantaged business enterprises, and veteran business enterprises for an inland Gary casino, a Vigo County casino, and sports wagering operations. Provides that a meeting between the governor's office, a representative of the governor's office, or the IGC and certain casino owners or potential casino owners must be a public meeting and are subject to the open door law. Makes technical corrections and other changes to conform with recent changes to the riverboat law.
Sponsor: Mark Messmer
Sickle cell disease grant program. Requires the state department of health (state department) to do the following concerning the sickle cell disease program (program): (1) Develop standards for determining eligibility for individuals requesting care and treatment for sickle cell disease. (2) Assist in the development and expansion of care for the treatment of individuals with sickle cell disease. (3) Provide financial assistance to individuals with sickle cell disease for specified treatments. Specifies that in awarding grants under the program, the state department shall give priority to establishing sickle cell disease centers in underserved areas with a higher population of individuals with sickle cell disease. Specifies program requirements. Establishes the sickle cell chronic disease fund for purposes of funding the program. Requires the state department, with the assistance of specified groups, to prepare a biennial study of information concerning sickle cell disease in Indiana. Requires the study to be transmitted to the general assembly.
Sponsor: Gregory Porter
Probation and parole for animal abusers. Defines "animal abuse offense" and "companion animal", and establishes as a mandatory condition of probation and parole that a person convicted of an animal abuse offense may not own, harbor, or train a companion animal.
Sponsor: Ronnie Alting
Mental health professionals. Makes changes to the contact hours required for licensure in marriage and family therapy services. Removes references in behavioral health and human services licensing law to certified health care professionals. Specifies that the statutes concerning behavioral health and human services professionals may not be construed to limit addiction counseling performed by certain students, interns, and trainees studying in certain institutions. Requires an individual who is licensed as an addiction counselor or a clinical addiction counselor to: (1) display a counselor license or a clear copy of a counselor license at each location where the addiction counselor or clinical addiction counselor regularly practices; and (2) include certain information on the individual's professional marketing material. Changes certain educational and clinical experience requirements for a licensed addiction counselor and a licensed clinical addiction counselor.
Sponsor: David Frizzell
Nonconsensual pornography. Defines "intimate image" and creates a civil cause of action against a person who discloses an intimate image without the consent of the individual depicted in the intimate image. Provides that a prevailing plaintiff may recover the greater of: (1) economic and noneconomic damages; or (2) statutory damages not to exceed $10,000; plus attorney's fees, court costs, and other relief, including injunctive relief. Establishes criteria to be used by the trier of fact in determining damages. Provides that an interactive computer service may not be liable for disclosing nonconsensual pornography.
Sponsor: Mike Bohacek
Specialized weapons and other training. Provides that, before an employee or any other staff member of a school corporation, charter school, or nonpublic school may carry a firearm in or on school property as authorized by a school board of the school corporation, charter school, or nonpublic school, the employee or staff member shall do the following: (1) Successfully complete certain specialized weapons training. (2) Provide proof to the school board that the employee or other staff member has successfully completed the specialized weapons training. (3) Complete the Minnesota multiphasic personality inventory 2 (MMPI-II) and provide proof of completion to the school corporation, charter school, or nonpublic school. Requires an employee or any other staff member of a school corporation, charter school, or nonpublic school to successfully complete eight hours of weapons training each year that the employee or staff member intends to carry a firearm in or on school property. Provides that a school corporation, charter school, or accredited nonpublic school may use grant money received from the Indiana safe schools fund to pay for part or all of specialized weapons training for employees of the school corporation, charter school, or accredited nonpublic school who are required to successfully complete or who request to attend the specialized weapons training. Establishes requirements for specialized weapons training. Requires, that for a person or entity to provide specialized weapons training to certain employees and other staff members of a school corporation, charter school, or nonpublic school, the person or entity apply and receive approval from the secured school safety board. Provides that a public school or an accredited nonpublic school may not conduct a training or drill for an employee of the school that includes, as any part of the training or drill, the expelling of any type of projectile at the employee unless: (1) the school informs the employee of the use of projectiles in the training or drill; and (2) the employee consents, in writing, to the use of projectiles during the training or drill. Provides that a public school or an accredited nonpublic school may not conduct or approve a training or a drill for a student of the school that includes, as any part of the training or drill, the expelling of any type of projectile. Allows a school to barricade or block a door during an active shooter drill or during an active shooter emergency occurring in a school building. Establishes requirements concerning the barricading or blocking of a door during an active shooter drill or during an active shooter emergency.
Sponsor: Jim Lucas
Transfer of state real property. Requires the conveyance of certain real property by the state to the University of Evansville to remove restrictions on use of the property by the university that were required by legislation enacted in 1988 and 1997.
Sponsor: Ryan Hatfield
Political subdivision controlled projects and debt. Amends the definition of a "controlled project" to exclude projects for: (1) roads; (2) streets; (3) bridges; and (4) road, street, or bridge appurtenances. Provides that, for purposes of the petition and remonstrance process, a controlled project includes any project: (1) that is not otherwise a controlled project; but (2) the cost of which, when added to the cost of all other projects adopted by the political subdivision in the preceding five years, exceeds 1% of the political subdivision's gross assessed value but does not exceed 2% of the political subdivision's gross assessed value. Provides that, for purposes of the referendum process, a controlled project includes any project: (1) that is not otherwise a controlled project; but (2) the cost of which, when added to the cost of all other projects adopted by the political subdivision in the preceding five years, exceeds 2% of the political subdivision's gross assessed value. Provides that the notice of the preliminary determination of the political subdivision to issue bonds or enter into a lease for a controlled project must include a statement that a person may file a petition with the department of local government finance objecting that the political subdivision has unlawfully divided a controlled project in order to avoid the petition and remonstrance or referendum requirements. Provides that if the estimated increase in a political subdivision's property tax levy for debt service for a proposed controlled project will be offset in whole or in part because of the retirement of existing debt of the political subdivision, the proper officers of the political subdivision may adopt a resolution that includes certain information and statements. Provides that if a political subdivision experiences a decrease in net assessed value it may be stated as an exception to a political subdivision's statement about maintaining its property tax rate to fund a new controlled project because of the retirement of debt. Specifies the ballot language for the referendum on such a proposed controlled project. Provides that the restrictions on supporting a position on a controlled project apply to any political subdivision that has assessed value within the same taxing district as the political subdivision proposing the project.
Sponsor: Jeffrey Thompson
Howard County magistrate. Allows the judges of the Howard circuit and superior courts to jointly appoint a magistrate to serve the Howard County courts.
Sponsor: Michael Karickhoff
Safe schools. Provides that school corporations, charter schools, and accredited nonpublic schools with the sheriff for the county in which the school corporation, charter school, or accredited nonpublic school is located, may apply for a grant from the Indiana secured school fund to provide for the initial set up costs for an active event warning system. Requires guidelines published by the department of homeland security to include information about implementing: (1) universal electronic access to school property for law enforcement in all schools within each county; and (2) access to closed circuit cameras from a central location to be used in an emergency situation.
Sponsor: Gregory Steuerwald
Privacy and tracking of rape kits. Provides that a hospital or licensed medical services provider that provides forensic medical exams and additional forensic services to a victim (provider) is entitled to reimbursement from the victim services division of the Indiana criminal justice institute (division) if the provider initiates a claim for reimbursement through the sexual assault web based claims reimbursement and tracking system. Provides that personal information: (1) concerning a sexual assault victim; and (2) entered into the division's web based claims reimbursement and sexual assault examination kit tracking system; is confidential in certain instances. Provides that notification of a forensic sample's destruction may be provided by the division through the sexual assault web based claims reimbursement and tracking system. Requires law enforcement agencies and prosecuting attorneys to cooperate with the division by providing storage updates to the division via the sexual assault web based claims reimbursement and tracking system. Allows a victim to register for notifications concerning a sexual assault examination kit through the sexual assault web based claims reimbursement and tracking system. Defines certain terms. Makes conforming amendments. Makes technical corrections.
Sponsor: Michael Crider
Funeral licensee, life insurance, and human remains. Prohibits a funeral licensee from accepting payment by assignment of third party life insurance proceeds for at-need funeral services performed for more than the amount of the contracted funeral expenses arranged for by an authorizing agent. Changes the name of the crime "failure to report a dead body" to "failure to report the discovery or handling of human remains". Adds funeral director to the list of entities who can receive reports regarding the discovery or handling of human remains. Provides that a law enforcement agency shall assist in determining the cause, manner, and mechanism of death in certain circumstances. Provides that a coroner shall hold human remains until the investigation of how the person died and the medical investigation of the cause of death are concluded. Provides that a coroner shall: (1) notify a decedent's next of kin in a timely manner in certain circumstances; and (2) retain certain information until a decedent's next of kin has been located.
Sponsor: Robert Morris
Indiana criminal justice institute. Expands the possible recipients of grants from the Indiana criminal justice institute (institute) beyond a county government or the state government. Changes the institute's responsibility from administering sexual offense services, domestic violence programs, and assistance to victims of human sexual trafficking to administering funds to support those programs and services. Requires the state police department to establish, maintain, and operate an Internet web site containing a list of properties that have been used in the illegal manufacture of a controlled substance. Abolishes the institute's: (1) meth watch program; (2) responsibility for developing guidelines concerning reporting of methamphetamine abuse; (3) gang crime witness protection program; (4) gang crime witness protection fund; and (5) sexual assault victim advocate standards and certification board. Requires the institute to distribute certain funds to the statewide nonprofit sexual assault coalition as designated by the federal Centers for Disease Control and Prevention. Makes conforming amendments.
Sponsor: Aaron Freeman
INSPECT program. Moves existing language concerning the central repository for controlled substances data from Title 35 to Title 25 and makes conforming changes. Specifies that a practitioner may obtain information about a patient directly through the Indiana scheduled prescription electronic collection and tracking program data base (INSPECT data base) or through the patient's integrated health record. Decreases the instances in which a Class A misdemeanor is a violation to when a practitioner discloses confidential information without authorization. (Current law provides for a Class A misdemeanor for any violation of the chapter.) Provides for instances in which a practitioner is not required to obtain information from the INSPECT data base.
Sponsor: Dennis Zent
Sales tax on recreational vehicles. Removes the expiration of the provision in current law that provides that the sales tax rate on certain cargo trailers or recreational vehicles is the rate of the other state or other country in which the cargo trailer or recreational vehicle will be titled or registered under certain circumstances. (This provision was set to expire on June 30, 2019.) Amends the provision to apply only to sales that are made before July 1, 2019, or after June 30, 2024, to a resident of a nonreciprocal state or a foreign country. Provides a five year exemption from the state gross retail tax for cargo trailers and recreational vehicles sold to residents of nonreciprocal states and foreign countries beginning July 1, 2019, and ending June 30, 2024. Requires the legislative services agency (LSA) to evaluate the economic and fiscal impact of the exemption. Authorizes the LSA to request information from certain officials, governmental entities, and organizations. Requires the officials, governmental entities, and organizations to cooperate with the LSA in providing the requested information. Repeals the provision that authorizes the department of state revenue to enter into reciprocal agreements with other states concerning a sales tax exemption for cargo trailers and recreational vehicles that will be purchased in a state by a nonresident and then titled in another state.
Sponsor: Blake Doriot
Township mergers. Eliminates the requirement that one member of the township board of a merged township must reside within each of the townships that merged.
Sponsor: Eric Koch
Indiana finance authority matters. Provides that any proposed extension or amendment to certain public-private agreements that: (1) makes a substantial change to: (A) the scope of the public-private agreement; or (B) the uses of the revenue generated under the public-private agreement; or (2) results in a positive, new revenue impact of at least $1,000,000 under the public-private agreement being amended or extended shall be submitted to the state budget committee for review. Prohibits any extension or amendment to such a public-private agreement until after the state budget committee has reviewed the proposed extension or amendment. Allows the chairman of the state budget committee to waive these requirements. Specifies that any lump sum amounts or series of amounts totaling more than $1,000,000 received under such a public-private agreement must be held in reserve until May 1 of the calendar year following the calendar year in which the lump sum payment was received.
Sponsor: Todd Huston
Sales tax administration. Provides that a marketplace facilitator is required to collect and remit state sales tax as a retail merchant when it facilitates a retail transaction for sellers on the marketplace facilitator's marketplace. Specifies circumstances in which a marketplace facilitator or a seller would not be required to collect and remit the state sales tax. Retains provisions that go into effect on July 1, 2019, for state sales tax collection and remittance requirements of a person or marketplace facilitator that facilitates a retail transaction for sellers that rent or furnish rooms, lodgings, or accommodations in Indiana. Requires a marketplace facilitator to collect and remit innkeeper's tax. Repeals the definition of "facilitator" that is set to go into effect on July 1, 2019. Repeals the provision requiring a facilitator who is a retail merchant to provide an itemized statement to the consumer. Provides that primary personal residences are exempt from the state gross retail tax unless the owner rents or furnishes the residence for more than 14 days. Provides for the collection of food and beverage taxes. Makes failure to collect or remit food and beverage taxes a level 6 felony. Provides that a county treasurer may enter into an agreement with the fiscal officer of an entity responsible for the expenditure of funds from an innkeeper's tax to furnish the fiscal officer each month with the name and retail address of each business collecting an innkeeper's tax and the amount of money collected from each business.
Sponsor: Travis Holdman
School accountability. Provides that a high school may count: (1) an approved work based learning course, program, or experience; or (2) an approved career and technical education course, program, or experience; as satisfying an Indiana diploma with a Core 40 with academic honors designation or another designation requirement. Provides that a course, program, or experience: (1) with subject matter that is similar to and rigor that is equal to or greater than the subject matter and rigor of a required course; but (2) that does not fully align with the required course standards; must be augmented with instruction to include the remaining standards of the required course. Provides that the state board of education (state board), a state educational institution, or any other entity designated by the state board: (1) shall approve a course, program, or experience if certain conditions are met; (2) shall periodically review the approved course, program, or experience; and (3) may revoke approval of the course, program, or experience under certain conditions. Provides that, before July 1, 2022, the state board of education shall establish new standards of measuring high school performance. Makes conforming amendments.
Sponsor: Anthony Cook
Workforce development. Provides for certification by the governor's workforce cabinet of an industry collaboration organization (ICO). Provides that an organization qualifies as an ICO if the organization meets certain qualification requirements. Provides that contributions to an ICO may be used by the ICO for the following purposes: (1) To support the development and implementation of high school graduation pathways. (2) To provide money to the industry collaboration organization to establish and operate a career counseling program for students. (3) To enhance career and technical education and training programs. (4) To expand apprenticeships and work based learning opportunities. (5) To provide grants to schools to be used by the school to pay the transportation costs for students to attend an eligible training program. (6) Any other course or program, if the course or program leads to the attainment of a specific employment related credential that documents the student's skills for employment success. (7) To partner with other industry collaboration organizations, nonprofits, public foundations, or other entities to provide workforce related educational programs or training for students. Requires that an ICO report certain information to the governor's workforce cabinet. Requires the governor's workforce cabinet to support a industry collaboration organization in sharing and scaling best practices on a statewide basis by: (1) conducting an annual survey of the business, education, and community organizations participating in the industry collaboration organization, in consultation with the management performance hub; and (2) convening the industry collaboration organizations on an ongoing basis in collaboration with Indiana's statewide business and industry associations. Provides that the governor's workforce cabinet shall annually compile lists of the: (1) industry sectors and geographic regions in which industry collaboration organizations are operating, disaggregated by industry category and region; and (2) business, educational institutions, and community organizations affiliated with the industry collaboration organizations established under this chapter, disaggregated by industry category and region. Amends the definition of "work based learning course" for purposes of determining career and technical education funding.
Sponsor: Jeff Raatz
Consumer credit. Makes the following changes to the Uniform Consumer Credit Code (UCCC): (1) Repeals a provision specifying a reference base index for use by the department of financial institutions (department) in adjusting specified dollar amounts designated as subject to change throughout the UCCC. (2) Replaces: (A) the tiered credit service charge authorized for consumer credit sales; and (B) the 25% loan finance charge authorized for consumer loans; with a flat charge of 36% per year on the unpaid balances. (3) Increases the: (A) minimum credit service charge for consumer credit sales; and (B) minimum loan finance charge for consumer loans; from $30 (subject to indexing) to $50 (not subject to indexing). (4) Eliminates indexing of the authorized $5 delinquency charge for consumer credit sales and consumer loans. (5) Provides that a seller in a consumer credit sale may take a security interest in goods sold if the debt secured is at least $1,500 (not subject to indexing), versus $300 (subject to indexing) in current law. (6) Changes the authorized nonrefundable prepaid finance charge for consumer loans not secured by an interest in land from $50 to $100. (7) Repeals: (A) the definition of "supervised loan"; and (B) the provision establishing the authorized loan finance charge for supervised loans. Makes conforming amendments throughout the UCCC and the Indiana Code. (8) Provides that for a consumer loan: (A) with a loan finance charge greater than 25%; and (B) in which the principal is $4,000 or less (not subject to indexing); a lender may not contract for an interest in land as security. (Current law prohibits a lender from contracting for an interest in land as security if the loan principal is $4,000 or less (subject to indexing) without regard to the loan's finance charge.) (9) Provides that consumer loans having a loan finance charge exceeding 25% and in which the principal is $4,000 or less are payable over a period of not more than: (A) 37 months if the principal is more than $1,100 (versus $300, subject to indexing, in current law) but not more than $4,000; or (B) 25 months if the principal is $1,100 (versus $300, subject to indexing, in current law) or less. (Current law specifies these maximum loan terms for loans with a principal amount of $4,000 or less (subject to indexing) without regard to the loan's finance charge.) (10) Provides that a creditor in a consumer loan transaction may not contract for or receive a separate charge for property casualty insurance unless the amount financed exclusive of charges for the insurance is at least $1,000 (versus $300, subject to indexing, in current law), and the value of the property is at least $1,000 (versus $300, subject to indexing, in current law). Authorizes a lender that is licensed by the department to make small loans under the UCCC to make unsecured consumer installment loans under the same license. Defines an "unsecured consumer installment loan" as a loan: (1) with a principal amount that is: (A) more than $605 and not more than $1,500; and (B) payable in three or more substantially equal periodic payments; and (2) in which the lender holds one or more checks of the borrower for a specific period, or is authorized to debit the borrower's account on one or more occasions for a specific period, before the lender deposits the check or debits the account. Requires that the loan term for an unsecured consumer installment loan be at least six months but not more than nine months. Provides for the following with respect to unsecured consumer installment loans: (1) An authorized finance charge and monthly maintenance fee. (2) An annual fee assessed on lenders of $1,000 per license and $1,000 per Indiana branch location (after the first location), for financial education programs. Prohibits: (1) the renewal of an unsecured consumer installment loan; and (2) a borrower from having: (A) a small loan and an unsecured consumer installment loan; or (B) more than one unsecured consumer installment loan; outstanding at the same time. Establishes requirements for the licensure and conduct of persons issuing small dollar loans. Defines "small dollar loan" as a loan with a maximum loan amount of $3,000 and a term of: (1) at least 180 days; and (2) not more than 36 months. Provides that with respect to a small dollar loan, a lender may contract for a loan finance charge of not more than 72%. Provides for an annual fee assessed on lenders of $1,000 per license and $1,000 per Indiana branch location (after the first location), for financial education programs. Establishes the consumer financial education fund (fund) for the purpose of paying expenses incurred by the department relating to consumer financial education. Provides that the annual fees required to be paid by: (1) lenders licensed to make small dollar loans and unsecured consumer installment loans; and (2) lenders licensed to make small dollar loans; shall be deposited in the fund. Specifies that a "rate", for purposes of the loansharking statute, includes a nonrefundable prepaid finance charge. Replaces language conforming the loan rate for the criminal loansharking statute to the maximum loan finance charge for consumer loans under the UCCC, with language specifying that a loan is considered loansharking if it is made at a rate greater than 72% per year on the unpaid balance of the principal.
Sponsor: Andy Zay
Prescription drug pricing study committee. Urges the legislative council to assign to the interim study committee on public health, behavioral health, and human services the task of studying issues consumers face related to prescription drug pricing, access, and costs.
Sponsor: Robin Shackleford
E-liquid container labeling. Eliminates a state requirement that an e-liquid manufacturer or a closed system vapor product manufacturer include certain information on an e-liquid container. Removes a duplicative provision that requires the label of an e-liquid container to indicate if the product contains nicotine.
Sponsor: Randall Head
Radon in schools. Requires the state department of health (department) to distribute a manual of best practices for managing indoor air quality at schools, including recommendations for radon testing, to the legislative council, the department of education, the facilities manager and superintendent of each school corporation, and the chief administrative officer of each accredited nonpublic school. Requires the department to revise and distribute the manual to each school every three years.
Sponsor: Eric Bassler
Study of reckless homicide. Urges the legislative council to assign the task of studying the topic of reckless homicide to an appropriate study committee.
Sponsor: Jeffrey Thompson
Historic preservation and rehabilitation grants. Provides that for purposes of the historic preservation and rehabilitation grant program, the term "person" includes a nonprofit organization or nonprofit corporation. Provides that the office of community and rural affairs may award a grant under the program to a nonprofit organization or nonprofit corporation if the historic property will be used by the nonprofit organization or nonprofit corporation for the organization's or corporation's purposes and functions. Increases the maximum amount of a preservation or rehabilitation grant (grant) from 35% to 50% of qualified expenditures, not to exceed the grant ceiling in current law of $100,000. Provides that a person is eligible for a grant if the qualified expenditures for preserving or rehabilitating the historic property exceed $5,000 (instead of $10,000).
Sponsor: Jon Ford
Reports on stress tests and risk assessments. Provides that: (1) the executive director of the Indiana public retirement system; and (2) the trustee of the Indiana state police pension trust; shall report to the interim study committee on pension management oversight on any stress tests or sensitivity analyses performed during a state fiscal year on the pension funds under their respective administration.
Sponsor: Victoria Spartz
Vanderburgh County magistrates. Allows the judge of the Vanderburgh circuit court to appoint an additional magistrate to serve the Vanderburgh circuit court. Allows the judges of the Vanderburgh superior court to jointly appoint an additional magistrate to serve the Vanderburgh superior court.
Sponsor: Wendy McNamara
Collecting solid waste management district fees. Amends the solid waste management district law and the local government law to provide that, after June 30, 2019, a unit of local government may not enact an ordinance requiring a solid waste hauler or a hauler of recyclable materials to collect solid waste management fees and remit the fees to the board of a solid waste management district or a unit of local government.
Sponsor: Rick Niemeyer
Disabled veterans parking placards. Requires the bureau of motor vehicles to design a parking placard that designates that the placard has been issued to a person who has been issued or is otherwise eligible to receive a disabled Hoosier veteran plate. Provides that the placard does not have an expiration date. Provides that a person who is qualified to receive a disabled Hoosier veteran plate and has been issued a permanent parking placard may not be charged a fee for parking in a metered space or assessed a penalty for parking in a metered space for longer than the time permitted.
Sponsor: Michael Crider
Disabled Hoosier veteran license plate. Requires the bureau of motor vehicles (bureau) to redesign the disabled Hoosier veteran license plate. Specifies that a disabled Hoosier veteran license plate must consist of the following elements: (1) The display of an emblem denoting the branch of service in which the veteran served. (2) A depiction of a wheelchair to indicate the disabled status of the veteran. (3) The words "Disabled Hoosier Veteran" at the bottom of the license plate. (4) Identification numerals with consecutive numbers or letters, or both, to properly identify the vehicle. (5) Any other information the bureau considers necessary. Makes conforming technical amendments.
Sponsor: Wendy McNamara
Community corrections and credit time. Provides that the department of correction may adopt emergency rules concerning the deprivation of earned good time credit for a person who is placed in a community corrections program. Makes a technical correction.
Sponsor: Gregory Steuerwald
Water and wastewater utilities and runoff. Establishes a storm water management task force to study issues related to storm water management systems. Provides for the task force to consist of: (1) two members of the senate; (2) two members of the house; and (3) other members appointed by the governor. Requires the task force to issue a report setting forth its findings and recommendations not later than December 1, 2019. Provides that the Indiana finance authority (IFA) shall coordinate the executive branch activities related to the state's water programs. Prescribes the duties of the authority in serving in this role. Requires the IFA to divide Indiana into study areas and to hold annual meetings with the officers and employees of the water and wastewater utilities located in each study area. Authorizes the utilities within a study area to meet voluntarily to determine area water and wastewater priorities, promote cooperation among the utilities, and consider other matters. Requires biennial reports from the utilities of each study area and from the IFA on the cooperative activities of the utilities. Provides that a utility applying to the IFA for a loan, a grant, or other financial assistance must demonstrate that its officers and employees have participated in study area activities. Requires every water utility, at least once in each calendar year, to perform an audit of its water distribution system to determine the causes of the water utility's "non-revenue water" (the difference between the amount of water entering the utility's distribution system and the amount of water received by the water utility's customers). In even-numbered years, requires the results of the annual audit to be verified by an independent evaluator and reported to the IFA and requires the IFA to issue a report concerning the audit results. Specifies that: (1) customer specific data, including information excluded from public access under Indiana's access to public records act; and (2) a required cybersecurity plan; submitted in connection with an application for a permit for a public water system or a wastewater treatment plant is exempt from the requirement that certain required analyses and plans must be made publicly available. Amends the definition of "customer lead service line improvement".
Sponsor: Ed Charbonneau
Teacher licensing examinations. Provides that the department of education (department) shall convene a panel of stakeholders designated by the department, which must consist of teachers and representatives from postsecondary education, to adopt licensure examinations to replace the current teacher licensing examination.
Sponsor: Jean Leising
State and local administration. Changes the terminology used in the statute governing the posting of signs to promote attractions and services for the traveling public. Allows the office of the secretary of family and social services (office) to apply for a state plan amendment that would require Medicaid reimbursement for eligible Medicaid rehabilitation option services provided in a school setting to a Medicaid recipient. Requires the office to review the Medicaid rehabilitation option services provided under Medicaid, determine whether additional services are appropriate, and submit the office's findings to the general assembly. Requires the office to study and report on the best means to provide: (1) Medicaid reimbursement for health care services and school based services to specified individuals provided by a school based health center; and (2) supplemental Medicaid reimbursement payments to qualified school based health centers under the fee for service Medicaid program. Requires a public library to adopt a criminal history check policy for employees and volunteers. Requires the board of veterinary medical examiners to study the regulation of veterinary technicians. Specifies contract requirements in hospital participation agreements between managed care organizations and multi-location hospitals. Voids certain waiver agreements between managed care organizations and multi-location hospitals. Establishes rates of payment for various emergency services and post-stabilization services furnished to individuals enrolled in a managed care organization. Specifies conditions concerning the assignment of benefits for emergency services and post-stabilization care services provided to insured persons. Provides for the resubmission of certain claims that were denied because the originally submitted claims identified the providers incorrectly.
Sponsor: Andy Zay
Lake Michigan shore zone administrative rules. Defines "Lake Michigan shore zone" as the land between the ordinary high water mark of Lake Michigan and the lakeside property line of a privately owned lot or tract of land described by metes and bounds. Defines "ordinary high water mark". Provides that a Lake Michigan shore zone includes a seawall constructed on the lakeside property line of a privately owned lot or tract of land described by metes and bounds. Authorizes the natural resources commission (commission) to adopt rules concerning: (1) the movement of sand across a Lake Michigan shore zone through natural forces or otherwise and the return of the sand to the Lake Michigan shore; (2) the flow of water, including water from a source on a privately owned lot or tract of land, across a Lake Michigan shore zone; (3) permitting and specifications for any maintenance, construction, or another similar activity in the Lake Michigan shore zone related to beach grooming, sea walls, revetments, secondary erosion control, and retaining walls; and (4) other matters relating to the use of Lake Michigan shore zones. Provides that the rules adopted by the commission supersede an ordinance of a unit of local government, including a zoning ordinance, that is inconsistent with the adopted rules. Provides that a person who goes on the property of another for the purpose of: (1) going to or departing Lake Michigan public trust land: or (2) going to another destination upon leaving Lake Michigan public trust land; does not have assurance that the property is safe for the purpose, and the owner of the property is immune from liability, with certain exceptions, for an injury to a person or property caused by an act or omission of another person using the property.
Sponsor: Blake Doriot
Advanced practice registered nurses. Allows an advanced practice registered nurse who: (1) had primary responsibility for the treatment and care of a deceased individual for a period longer than six months; and (2) pronounced the time of death for the deceased individual; to certify a record on a death and enter the record into the Indiana death registration system. Specifies that at least two of the six registered nurse board members of the Indiana state board of nursing (board) be advanced practice registered nurses with at least one of these members having prescriptive authority. Specifies requirements of certain board members. Provides that an advanced practice registered nurse with prescriptive authority and who has operated under a practice agreement with a practitioner for at least three years may operate without a practice agreement if certain conditions are met. Amends the hospital governing board requirements for the manner in which an advanced practice registered nurse who operates in the hospital will interact with other practitioners. Requires the Indiana state board of nursing to prepare a report to the general assembly concerning advance practice registered nurses who practice without a practice agreement. Makes a conforming change.
Sponsor: Ed Charbonneau
Value added growth and projection analytics. Provides that the department of education (department) may: (1) adopt a value added growth and projection analytics system; and (2) incorporate the system into the department's reporting requirements under the federal Every Student Succeeds Act. Provides that the department may establish a web based reporting system that provides student growth and predictive analytics information provided from the value added growth and projection analytics system to educators in Indiana. Provides that the department may contract with a vendor to do the following: (1) Provide the value added growth and projection analytics system. (2) Upon entering into the contract, immediately begin implementing the value added growth and projection analytics system using 2018-2019 school year data. (3) Provide robust training, services, and support from a designated support team.
Sponsor: Erin Houchin
Noxious weed control. Adds common waterhemp, tall waterhemp, marestail, palmer amaranth, poison hemlock, powell amaranth, rough pigweed, and smooth pigweed to the list of detrimental plants that are required to be destroyed by certain persons under state law.
Sponsor: Beau Baird
Department of transportation matters. Removes a provision requiring each contract for highway work to be acknowledged before an officer authorized to administer oaths. Provides that a certificate of qualification issued by the department of transportation (department) is valid for a period of 24 months. Allows the department to adopt rules concerning eligibility and qualification requirements for bidders of contracts. Exempts the department from certain real property recording requirements. Makes conforming amendments.
Sponsor: Holli Sullivan
Tippecanoe County superior court. Adds a superior court in Tippecanoe County.
Sponsor: Sharon Negele
Coroner access to emergency contact data base. Provides coroners with access to the emergency contact data base.
Sponsor: David Wolkins
Direct sales. Excludes a direct seller from the definition of "employee" for purposes of the minimum wage law. Excludes services by direct sellers from the definition of "employment" under the unemployment compensation system.
Sponsor: Mark Messmer
Building permits. Prohibits a building commissioner, building code official, or inspector for a local unit of government (unit) from issuing a building permit when the building commissioner, building code official, or inspector has a direct or indirect financial interest in the issuance of the permit. Requires a unit to adopt an ordinance to establish a procedure to address instances where a building commissioner, building code official, or inspector has a direct or indirect financial interest in the issuance of a permit.
Sponsor: Mike Bohacek
Sentencing. Makes committing a controlled substance offense on the property of a penal facility or juvenile facility an enhancing circumstance. Makes it an aggravating circumstance that a crime was committed because of certain perceived or actual characteristics of the victim.
Sponsor: Mike Bohacek
Technical corrections. Resolves technical conflicts and addresses technical problems in the Indiana Code. Provides that the technical corrections bill may be referred to as the "technical corrections bill of the 2019 general assembly". Specifies that the title may be used in the lead-in line of each SECTION of another bill to identify the provisions added, amended, or repealed by the technical corrections bill that are also amended or repealed in another bill being considered during the 2019 legislative session. Provides the publisher of the Indiana Code with guidance concerning resolution of amend/repeal conflicts between the technical corrections bill and other bills passed during the 2019 legislative session. Specifies that if there is a conflict between a provision in the technical corrections bill and a provision being repealed in another bill, the other bill's repealer is law. (The introduced version of this bill was prepared by the code revision commission.)
Sponsor: Gregory Steuerwald
Veterinary prescriptions. Limits the initial opioid prescription for an animal by a veterinarian to a seven day supply unless a listed exception applies. Allows a veterinarian to obtain information about the owner of the animal or the individual to whom an opioid or benzodiazepine will be dispensed for the animal from the Indiana scheduled prescription electronic collection and tracking (INSPECT) program data base before prescribing an opioid or benzodiazepine for the animal.
Sponsor: Dennis Zent
State superintendent of public instruction. Amends the date on which the office of the state superintendent of public instruction is abolished. Provides for the appointment of the secretary of education by the governor beginning January 11, 2021. (Current law provides that the governor does not appoint the secretary of education until January 11, 2025.)
Sponsor: Brian Bosma
Fire protection district per diems. Increases the maximum amount (from $20 to $100) that a member of the board of fire trustees of a fire protection district may receive for each day that the member devotes to the work of the district.
Sponsor: Lonnie Randolph
Electronic filing and notice. Allows a person to use electronic filing or service instead of mailing in certain cases if electronic filing or service is authorized by rules adopted by the supreme court.
Sponsor: Michael Young
Anatomical gifts and individuals with disabilities. Prohibits certain health care entities from discriminating against potential transplant recipients solely on the basis of disability, and authorizes an individual to seek injunctive relief against an entity believed to be in violation of the law. Defines "covered entity". Defines "qualified recipient". Prohibits a state employee health plan, insurer, or health maintenance program from denying coverage for anatomical gifts, transplantation, or related treatment and services solely on the basis of disability.
Sponsor: Eric Koch
Fair and open competition for public works projects. Provides that a public agency may not do any of the following: (1) Require a potential bidder on a public works project to provide any information that the potential bidder considers confidential or proprietary as a requirement for the public agency finding the bidder to be a responsive or responsible bidder. (2) By rule, ordinance, or any other action relating to contracts for public works projects for which competitive bids are required impose any requirement that directly or indirectly restricts potential bidders to any predetermined class of bidders defined by experience on similar projects, size of company, union membership, or any other criteria. (3) Take certain actions based on a bidder's, offeror's, or contractor's entering into, refusing to enter into, adhering to, or refusing to adhere to an agreement with a labor organization.
Sponsor: Doug Miller
Notice of sheriff's sale of foreclosed property. Amends the statute concerning the procedures for a sheriff's sale of real property subject to a mortgage foreclosure judgment to provide that before selling the property, the sheriff must advertise the sale by arranging for the posting of a notice of the sale on the Internet web site maintained by: (1) each county in which the real estate is located; or (2) the office of the sheriff; at the discretion of the sheriff. (Current law requires the sheriff to advertise the sale by publication in a newspaper of general circulation in each county in which the property is located.) Specifies that existing law governing an error or omission in a legal notice published in a newspaper also applies to a sheriff's sale notice posted on an Internet web site. Provides that if: (1) a county in which the real estate is located does not maintain an Internet web site; and (2) the office of the sheriff does not maintain an Internet web site; the sheriff shall advertise the sale by publication in the county. Provides that in a case in which: (1) the sheriff must publish a sheriff's sale notice in a newspaper; and (2) the sheriff is unable to procure such publication; the sheriff shall execute a written statement explaining why publication was not possible. (Current law does not specify that the sheriff's statement must be in writing.) Provides that the sheriff shall: (1) maintain a record, in a printed or an electronic format, of the written statement for a period of not less than three years from the date of execution of the statement; and (2) make the statement available to the public upon request. Provides that a sheriff who posts a sheriff's sale notice on a county's or the sheriff's Internet web site shall: (1) maintain a record, in a printed or an electronic format, of the posted notice of sale for a period of not less than three years from the date on which the notice is removed from the Internet web site after the occurrence of an event specified under the bill; and (2) make the record available to the public upon request. Makes conforming amendments.
Sponsor: Wendy McNamara
Clark County circuit court. Establishes two new courts beginning July 1, 2019. Requires the governor to fill the vacancy in each of the courts that occurs when the court comes into existence. Provides that the first elected judges under the Indiana Constitution are elected at the November 2024 general election, take office January 1, 2025, and each hold office for a term of six years.
Sponsor: Terry Goodin
TANF eligibility. Sets the income eligibility requirements for the Temporary Assistance for Needy Families (TANF) program at phased in specified percentages of the federal income poverty level beginning July 1, 2021. Requires the division of family resources to amend the state TANF plan or take any other action necessary to implement the income requirements. Increases certain payment amounts under the TANF program beginning January 1, 2020. Requires the payments to be annually adjusted using the Social Security cost of living adjustment rate, but provides that the total adjustment in a year must be reduced to the extent the adjustment would result in the transfer to the Child Care and Development Fund grant program being less than the maximum allowable transfer under federal law. Authorizes emergency rulemaking concerning the payments. Repeals language requiring the division of family resources to apply a percentage reduction to the total needs of TANF applicants and recipients in computing TANF benefits.
Sponsor: Jon Ford
Motor vehicle matters. Provides that the bureau of motor vehicles (BMV) may develop a system to issue mobile credentials. Provides that the BMV may issue, upon request of an applicant, a mobile credential when the applicant satisfies the requirements for application for an identification card or various licenses and permits. Provides the BMV with rulemaking authority to implement the mobile credential system. Defines mobile credential. Makes conforming changes. Provides that an owner or last titled owner of a motor vehicle commits a Class C infraction when the owner or last titled owner of the motor vehicle abandons the vehicle. Provides that a unit or holder of a mechanic's lien including a towing service, city, town, or county shall forward a copy of the abandoned vehicle report including a copy of the complaint and summons to the public agency who placed the abandoned vehicle tag on the vehicle. Provides that the public agency shall send the complaint and summons by first class mail to the owner of the vehicle. Provides for the form for a complaint and summons for the offense of abandoning a vehicle. Provides a procedure to change the gender that appears on a driver's license, permit, identification card, or photo exempt identification card.
Sponsor: Eddie Melton
Newborn screenings for health disorders. Requires, beginning July 1, 2020, newborns to be examined for the detection of: (1) Krabbe disease; (2) Pompe disease; and (3) Hurler syndrome.
Sponsor: Michael Young
Crimes involving synthetic drugs. Specifies that an "enhancing circumstance", for purposes of criminal law, includes a prior conviction for dealing or manufacturing a substance represented to be a controlled substance. Makes certain offenses involving synthetic drugs an enhancing circumstance. Removes certain misdemeanor prosecutions concerning synthetic drugs and synthetic lookalike drugs from eligibility for conditional discharge. Makes the penalty for dealing or manufacturing a substance represented to be a controlled substance a felony of the same level as dealing or manufacturing the controlled substance that the substance is imitating.
Sponsor: Mike Bohacek
School corporation disannexation. Creates a process by which Greene Township in St. Joseph County can elect to disannex from an existing school corporation and annex to another existing school corporation.
Sponsor: Mike Bohacek
Air or gas operated weapons on school property. Provides that a person who knowingly or intentionally points an air or gas operated weapon designed to expel a projectile at another person while present on a: (1) school bus; or (2) property affiliated with, belonging to, or operated by: (A) an accredited nonpublic school; (B) a charter school; or (C) a school corporation; commits a Class B misdemeanor. Defines certain terms. Makes conforming amendments.
Sponsor: Eric Koch
Lead testing of school drinking water. Requires that the drinking water in every school building in East Chicago or Hammond be tested annually for compliance with the national primary drinking water regulations for lead and copper.
Sponsor: Lonnie Randolph
Ivy Tech Community College. Establishes the Ivy Tech Community College public safety officer scholarship program. Provides that a public safety officer may be eligible for a scholarship for educational costs of completing a certificate program or associate degree program at Ivy Tech Community College. Establishes the Ivy Tech public safety scholarship fund.
Sponsor: Randall Frye
Property tax matters. Provides that a county assessor or township assessor (if any) may request the department of local government finance (department) to perform a state conducted assessment of a particular commercial building or structure used for retail purposes. Specifies the procedures for the state conducted assessment. Provides that the true tax value of commercial real property used for retail purposes that is occupied by the original owner or by a tenant for which the improvement was built shall be determined by the cost approach for the first 10 years of occupancy of the property, less normal depreciation and normal obsolescence under the rules and guidelines of the department of local government finance. Provides that a county fiscal body may adopt an ordinance to provide that the county assessor be reimbursed for legal costs (in addition to other specified costs under current law) incurred by the county assessor in defending an appeal that is uncommon and infrequent in the normal course of defending appeals.
Sponsor: Brian Buchanan
Voluntary family leave insurance program. Requires the department of insurance (department) to develop a proposal for a voluntary family leave program. Provides for certain provisions when developing the proposed program. Provides that the department shall study and make fiscal estimates about the costs of offering an employer tax deduction of 200% to small businesses who choose to pay all or part of the contribution. Requires the department to submit the proposed program to the budget committee, including projected costs of the program, for review.
Sponsor: Karen Tallian
Tippecanoe County superior court. Adds a superior court in Tippecanoe County.
Sponsor: Brian Buchanan
Sales of alcoholic beverages from a golf cart. Allows alcoholic beverages of any type to be sold from a portable structure or cart on a golf course.
Sponsor: Ben Smaltz
Recognizing the impact of erosion on Indiana's Lake Michigan beaches and the need to identify long-term solutions.
Sponsor: Jim Pressel
Transfer of state real property. Requires the conveyance of certain real property by the state to the University of Evansville to remove restrictions on use of the property by the university that were required by legislation enacted in 1988 and 1997.
Sponsor: Vaneta Becker
A CONCURRENT RESOLUTION honoring the 40th anniversary of the Indiana-Taiwan sister-state relationship.
Sponsor: David Frizzell
A CONCURRENT RESOLUTION honoring Indiana State Trooper Roy E. Jones.
Sponsor: Robert Cherry
A CONCURRENT RESOLUTION congratulating the Yorktown High School girls volleyball team.
Sponsor: Melanie Wright
County service officers. Provides that 5% of the funds a county receives under the excise tax replacement disbursement to be used to fund county service officers is to be set aside from each individual county's distribution after the state welfare and tuition support allocation is deducted from the total amount available for apportionment and distribution. Requires a county with more than 2,500 veterans to hire an additional part-time county service officer.
Sponsor: Ronnie Alting
A CONCURRENT RESOLUTION recognizing "Farmworkers Awareness Week", Cesar Chavez, and the work of Proteus, Inc.
Sponsor: David Niezgodski
A CONCURRENT RESOLUTION congratulating Dennis Goins for being named a "Mentor of the Year" as part of the 2019 Inspire Awards.
Sponsor: J.D. Ford
Nursing faculty loan repayment grant program. Establishes the nursing faculty loan repayment grant program (program) to increase the number of nursing faculty in Indiana. Requires the commission for higher education to administer the program. Establishes the nursing faculty loan repayment grant fund. Sets forth requirements for an individual to participate in the program. Adds a ten dollar nurse licensing fee to fund the program.
Sponsor: Vaneta Becker
A CONCURRENT RESOLUTION recognizing the Great Lakes and St. Lawrence River's contributions to Indiana and urging the Governor to declare September 7, 2019, Great Lakes-St. Lawrence Appreciation Day in Indiana.
Sponsor: Ed Charbonneau
A CONCURRENT RESOLUTION memorializing Sergeant Benton "Ben" Bertram and urging the Indiana Department of Transportation to name a mile of State Road 56 near Scottsburg the "Sgt. Ben Bertram Memorial Mile".
Sponsor: Chris Garten
A CONCURRENT RESOLUTION urging the Indiana Department of Transportation to rename a portion of State Road 62 in Jefferson County in honor of James Pendleton, Sr.
Sponsor: Randall Frye
A SENATE RESOLUTION urging Congress to amend federal law concerning confidentiality of patient records.
Sponsor: Erin Houchin
Vanderburgh County magistrates. Allows the judge of the Vanderburgh circuit court to appoint an additional magistrate to serve the Vanderburgh circuit court. Allows the judges of the Vanderburgh superior court to jointly appoint an additional magistrate to serve the Vanderburgh superior court.
Sponsor: Vaneta Becker
A CONCURRENT RESOLUTION congratulating the Ball State University Department of Journalism upon the department's 50th anniversary.
Sponsor: Timothy Lanane
Court appointed youth advocate pilot program. Provides that the office of judicial administration may establish a youth advocate pilot program (pilot program) until July 1, 2021, for purposes of providing early intervention and mentoring services for children who are adjudicated delinquent. Provides that a youth advocate appointed under the pilot program is: (1) a volunteer; (2) appointed by a court to provide services for a child who is adjudicated delinquent; and (3) an officer of the court during the youth advocate's appointment. Provides that a youth advocate serves under the pilot program until: (1) the child for whom the youth advocate is appointed becomes 18 years of age; or (2) the court discharges the youth advocate; but may continue to serve in a volunteer capacity as a resource for the child thereafter. Provides that, except for gross misconduct, a youth advocate is immune from civil liability resulting from the youth advocate's performance of the youth advocate's duties: (1) in good faith; and (2) within the scope of the youth advocate's duties. Provides that information provided to a youth advocate by a child for whom the youth advocate is appointed: (1) is confidential; (2) may be disclosed only to the court that appointed the youth advocate or to the child's parent or guardian; and (3) may not be used against the child in a criminal or civil proceeding; except as required to report child abuse or neglect. Provides that the pilot program is funded through a combination of state, county, local, and private funding, with the state providing a dollar-for-dollar match of county and local funding, up to a maximum of $25,000 for any one county in any one state fiscal year, subject to availability of state funds. Provides for the reversion or return of funds upon the expiration of the pilot program.
Sponsor: Mike Bohacek
A CONCURRENT RESOLUTION recognizing Indiana Dunes National Park.
Sponsor: Lisa Beck
Punitive damages. Provides that certain limitations on punitive damages do not apply to civil actions where the defendant has been charged with committing an act of sexual misconduct and the act of sexual misconduct gives rise to the civil action. Raises cap on punitive damages for such claims to $250,000. Provides that 25% of punitive damages awarded will go to the violent crime victims compensation fund and 75% of the punitive damages awarded will be paid to the person to whom the punitive damages were awarded. Provides that the exception to the punitive damages law does not apply to a cause of action brought against an employer whose liability is based solely on the doctrine of respondeat superior.
Sponsor: Vaneta Becker
Honoring Mr. Calvin Parham.
Sponsor: Thomas Saunders
A CONCURRENT RESOLUTION urging the Indiana Department of Transportation to rename that section of U.S. Highway 30 from the intersection with Pioneer Road in Plymouth to the intersection with Oak Road in Marshall County the "Ralph 'Ray' Reed, Jr. Memorial Drive".
Sponsor: Jack Jordan
A CONCURRENT RESOLUTION congratulating Maureen McFadden's upcoming retirement from WNDU after nearly 40 years of service to the Michiana area.
Sponsor: David Niezgodski
A CONCURRENT RESOLUTION congratulating John Harkness on being named the 2018 Rural Teacher of the Year.
Sponsor: Erin Houchin
A CONCURRENT RESOLUTION to congratulate the delegates to the 2019 Indiana YMCA Youth and Government Model Government Conference.
Sponsor: Wendy McNamara
Congratulating and honoring Ms. Tatum Parker, a 2019 Top Youth Volunteer of Indiana.
Sponsor: Edward DeLaney
A CONCURRENT RESOLUTION congratulating Emma Wilson on winning the 2018 Indiana High School Athletic Association ("IHSAA") individual girls cross country state championship title.
Sponsor: Rodric Bray
Honoring Mr. John S. Stafford.
Sponsor: Randall Frye
Congratulating the Pilgrim Baptist Church in Fort Wayne, Indiana on its 100th anniversary.
Sponsor: Philip GiaQuinta
A CONCURRENT RESOLUTION congratulating Staunton Elementary School as a 2018 Blue Ribbon School Award recipient.
Sponsor: Alan Morrison
Railroad crossings. Subject to available funding, requires the department of transportation to construct, in locations where practical, lanes and signs at railroad crossings on state highways.
Sponsor: Blake Doriot
Celebrating Indiana Senior Day at the Indiana Statehouse on March 5, 2019.
Sponsor: Robin Shackleford
Congratulating the Speedway High School girls softball team.
Sponsor: Karlee Macer
Recognizing February 25 through March 3, 2019 as National Eating Disorders Awareness Week in 2019.
Sponsor: David Frizzell
Tax credit for classroom supplies. Increases the income tax credit for an individual employed as a teacher for amounts expended on classroom supplies from $100 to $500 per taxable year.
Sponsor: Jeff Raatz
A SENATE RESOLUTION congratulating the Ben Davis High School Boys Bowling Team on their State Championship.
Sponsor: J.D. Ford
A SENATE RESOLUTION recognizing Makayla Stuck for her volunteer work with the Vigo County Youth Soccer Association TOPSoccer program.
Sponsor: Jon Ford
Honoring Mr. John Edward Wilson.
Sponsor: Terri Jo Austin
Sales tax administration. Provides that a marketplace facilitator is required to collect and remit state sales tax as a retail merchant when it facilitates a retail transaction for sellers on the marketplace facilitator's marketplace. Specifies circumstances in which a marketplace facilitator or a seller would not be required to collect and remit the state sales tax on the retail sale. Retains provisions that go into effect on July 1, 2019, for state sales tax collection and remittance requirements of an accommodations facilitator that facilitates a retail transaction for sellers that rent or furnish rooms, lodgings, or accommodations in Indiana.
Sponsor: Gregory Porter
School mental health, safety, privacy, and other education matters. Adds additional purposes for which advances made under the school corporation and charter school safety advance program may be used. Amends the purposes of the Indiana safe schools fund. Makes changes to the membership of the county school safety commission. Establishes the integrated school based mental health and substance use disorder services grant program to provide grants to school corporations, charter schools, and accredited nonpublic schools for use in developing and implementing integrated school based mental health and substance use disorder services plans. Requires a law enforcement agency to send a written copy of the statutory definition of a "dangerous" person, and written instructions concerning the reporting of a dangerous person, to each charter school, nonpublic school, and school corporation in the law enforcement agency's jurisdiction. Requires the department of education (department), in coordination with the Indiana intelligence fusion center, to distribute certain information and establish certain guidelines concerning the "If You See Something, Say Something" tip line. Requires a teacher preparation program to include content concerning school safety. Requires the study of health education, for grades 6 through 12, to include instruction on mental health. Requires the commission on improving the status of children in Indiana (commission) to develop the children's social, emotional, and behavioral health plan to provide recommendations concerning: (1) comprehensive mental health services; (2) early intervention; and (3) treatment services; for individuals from birth through 22 years of age. Changes the date by which the commission is required to submit a report regarding the commission's work. Removes a requirement that child abuse and child sexual abuse instruction to students in kindergarten through grade 12 must be research and evidence based instruction. Provides that, in identifying outlines or materials for instruction on child abuse and child sexual abuse, the department must work in consultation with school safety specialists, school counselors, school social workers, or school psychologists. (Current law requires the department to work with school safety specialists and school counselors.) Provides that a school corporation or school shall obtain prior informed written consent from the parent of a student who is less than 18 years of age and not emancipated before the student may participate in any medical health assessment or services, mental health assessment, mental health services, psychiatric or psychological examination or test, or psychiatric or psychological treatment that is conducted in connection with the school corporation, school, a contractor of a school corporation or school, or any individual, agency, or entity that the student is referred to by a school corporation or school. Requires that, before obtaining the informed written consent of a parent, a school corporation or school shall provide the parent informed written notice describing in detail the medical health assessment or services, mental health assessment, mental health services, psychiatric or psychological examination or test, or psychiatric or psychological treatment. Provides that a school corporation or school may be denied a grant or grant funds under the integrated school based mental health and substance use disorder services grant program for certain violations regarding parental consent requirements and the release of student information. Urges the legislative council to assign to an appropriate interim study committee the task of studying school districts, within and outside of Indiana, that have: (1) implemented trauma informed approaches in the school districts; and (2) worked with community partners to provide systems of care for students. Repeals provisions that require the department to develop the children's social, emotional, and behavioral health plan.
Sponsor: Michael Crider
A CONCURRENT RESOLUTION recognizing Cummins, Inc. for 100 years of operation in the State of Indiana.
Sponsor: Greg Walker
Economic Development in Gary. Permits a licensed owner operating a riverboat in Gary to submit to the gaming commission (commission) a request to relocate the owner's gaming operations as follows: (1) One gaming operation to a location that is within the city limits of Gary. (2) One gaming operation to a location in Vigo County. Specifies the requirements for the approval of the request. Provides that if a request is approved, the owner shall transfer ownership of the property being vacated to the Gary-Indiana trans-modal compact (trans-modal compact). Requires the licensed owner, with regard to the gaming operation that is relocated within the city limits of Gary, to enter into a development agreement with the city of Gary. Requires the licensed owner, with regard to the gaming operation that is relocated to a location in Vigo County, to enter into an agreement with the trans-modal compact to provide the trans-modal compact with an annual distribution of money to be used for shoreline development and infrastructure of the vacated property. Establishes the trans-modal compact. Specifies the power and duties of the trans-modal compact. Creates the trans-modal compact board. Specifies the members of the trans-modal compact board. Requires the trans-modal compact to set goals to achieve employment and retention of employees from locally distressed communities in northwest Indiana for work on compact projects. Specifies the required goal. Requires the Indiana department of administration's division of supplier diversity to establish a five year pilot program to help small, disadvantaged businesses to better prepare to compete for government contracts. Specifies the requirements of the program. Requires Ivy Tech Community College to establish a program to engage community, industry, and government partners to initiate the processes to develop training pathways for the jobs projected to result from relocation of one gaming operation within the city limits of Gary. Establishes the building trades career skills program to enhance the northwest Indiana plan by providing training to mitigate the barriers trainees face while transitioning into a career in the building trades in the northwest Indiana region. Provides that the northwest Indiana plan shall administer the program. Specifies the requirements of the program. Makes changes to the definition of the term "project" in the ports of Indiana statute. Deletes the provision in current law that includes in the definition certain projects that are located outside of a port. Provides that, after December 31, 2019, creation of a local port authority is subject to the approval of the ports of Indiana.
Sponsor: Ryan Mishler
Internet crimes against children fund. Establishes the Internet crimes against children fund (fund). Requires the state police department (department) to administer the fund and use money in the fund to: (1) pay for costs incurred by the department for training and purchasing equipment for the investigation of offenses that involve the use of the Internet in which a child is the alleged victim; and (2) award grants to county, city, and town law enforcement agencies that agree to use the money to investigate Internet crimes against children in accordance with United States Department of Justice Internet Crimes Against Children Operational and Investigative Standards.
Sponsor: Michael Crider
School based services and Medicaid. Provides that the office of the secretary of family and social services may apply for: (1) a Medicaid state plan amendment to provide Medicaid reimbursement for health care services and school based services to specified individuals provided by a school based health center; and (2) supplemental Medicaid reimbursement payments to qualified school based health centers under the fee for service Medicaid program. Provides that state expenditures and local school expenditures for funding for Medicaid covered school based services and other health care services provided to a Medicaid recipient by a school based health center may be made only if: (1) the state plan amendment is approved; and (2) intergovernmental transfer funding for the nonfederal share of supplemental Medicaid payments for Medicaid fee for services program is continuously made.
Sponsor: Andy Zay
Study of the growth of health care costs. Urges the legislative council to assign to an appropriate interim study committee for study during the 2019 interim of the general assembly the factors that are contributing to the growth of health care costs. Requires the interim study committee to report and make any recommendations to the legislative council not later than November 2019.
Sponsor: John Ruckelshaus
A SENATE RESOLUTION congratulating the Spirit of Life Church as it celebrates its 25th anniversary.
Sponsor: J.D. Ford
Work zones study. Urges the legislative council to assign to an appropriate interim study committee the task of studying the use of automated traffic control systems in work zones.
Sponsor: Jon Ford
Tax increment financing. Allows a redevelopment commission (including the Indianapolis metropolitan development commission) to the use up to 15% of the property tax proceeds allocated to a redevelopment district in a fiscal year for ongoing maintenance and repair of: (1) public ways; and (2) sewers, central water systems, central sewer systems, roads, sidewalks, and levees; that are located in an allocation area and that were funded in whole or in part with tax proceeds allocated to the redevelopment district.
Sponsor: Eddie Melton
Disputes involving homeowners associations. Provides that if either party requests mediation, mediation is mandatory. Provides that if neither party requests mediation, or if mediation is unsuccessful, a claimant may begin legal proceedings. Requires a mediator to be selected by the American Mediation Association. Requires a mediation to be conducted in compliance with the rules and procedures of the American Mediation Association. Makes corresponding amendments to the provisions regarding grievance resolutions involving condominium associations.
Sponsor: Charles Burton
Recusal of local government officials. Provides that county, city, town, and township elected officials (local officials) may not, outside of a public meeting: (1) participate in a discussion or a vote; or (2) persuade the vote of another elected official of the unit; if the local official has a financial interest in the outcome of a decision before the body the local official serves. Provides that an elected official has a financial interest if the decision involves: (1) the transfer or authorized use of property owned or controlled by the elected official or a relative of the elected official; or (2) the procurement of services by the unit from the elected official, the elected official's employer or prospective employer, the elected official's relative, or an entity the elected official owns or controls. Provides that if disqualification of a body's members prevent a vote from being taken or cause a tie vote, the decision will be made or the tie broken by the following: (1) The mayor, in the case of a city legislative body. (2) The clerk-treasurer, in the case of a town legislative body. (3) The township trustee, in the case of a township legislative body. (4) The county fiscal body, in the case of a county executive body. (5) The county executive, in the case of a county fiscal body.
Sponsor: Randall Head
A CONCURRENT RESOLUTION congratulating the Riverton Parke High School Academic Spell Bowl Team.
Sponsor: Alan Morrison
Celebrating International Women's Day and recognizing the essential role of women in history during women's history month.
Sponsor: Pat Boy
Local income tax and other financing matters. Changes the allocation of local income tax (LIT) revenue that is based on property taxes to be based on maximum permissible property tax levies instead of actual levies. Provides that if a township passes a local public question on whether the county in which the township is located should be required to fund and carry out a public transportation project under the central Indiana public transportation projects statute, the township board shall adopt a resolution to impose a special local income tax rate on the local taxpayers residing in the township, instead of the fiscal body of the county. Allows political subdivisions to enter into public-private agreements with an operator to accomplish the design, financing, construction, acquisition, improvement, renovation, equipping, operation, or maintenance of a regional jail. Requires the department of local government finance to prepare a report before January 1, 2020, concerning school funding in each school corporation for the period beginning July 1, 2018, and ending June 30, 2019. Requires the department of education to prepare a report before January 1, 2020, concerning school funding in the surrounding states, Indiana, and each school corporation in Indiana for the period beginning July 1, 2018, and ending June 30, 2019.
Sponsor: Jeffrey Thompson
State and local audit examinations. Provides that the uniform compliance guidelines for audit examinations of state and local units conducted by the state board of accounts must include a requirement that the unit disclose any pledge, covenant, or agreement that the unit has made as security or guarantor for a private bond issue of a private company. Requires any entity that: (1) is subject to examination or audit by the state board of accounts; and (2) has made a pledge, covenant, or agreement as security or guarantor for a private bond issue of a private company; to disclose such fact in the notes of the entity's financial statements. Provides that, before a political subdivision that is subject to audit by the state board of accounts may issue or guarantee any debt obligation, the fiscal officer of the political subdivision must first prepare a debt capacity analysis report (report) and present the report to the fiscal body of the political subdivision in a public hearing. Requires the state board of accounts, with the assistance of the department of local government finance, to prescribe a standard form report that must be used by a fiscal officer in the presentation. Requires the report to include a determination of the percentage of the political subdivision's total debt obligations (including guarantees) compared to the political subdivision's prospective revenue available for debt service.
Sponsor: James Buck
Distribution of aviation fuel inspection fees. Provides that inspection fees on aviation fuel must be deposited in the airport development grant fund beginning July 1, 2020. (Current law requires all fuel inspection fees to be deposited in the underground petroleum storage tank excess liability trust fund.) Provides that an airport may not submit a claim for reimbursement from the underground petroleum storage tank excess liability trust fund after June 30, 2020.
Sponsor: Travis Holdman
Medicaid nursing facility services. Extends the prohibition on the office of Medicaid policy and planning from including certain Medicaid recipients who receive nursing facility services in a Medicaid risk based managed care program or a capitated managed care program through June 30, 2021.
Sponsor: Vaneta Becker
Memorializing Rising Sun Police Chief David Paul Hewitt.
Sponsor: Randall Frye
Redistricting standards. Establishes redistricting standards for congressional and state legislative districts. Provides that the initial proposed plans for congressional and state legislative districts must comply with the redistricting standards. Allows the general assembly, during the process by which the initial proposed plans become effective by being enacted as a law, to consider and adopt modifications to the initial proposed plans that deviate from the redistricting standards as long as the reason or reasons for each deviation are publicly explained and documented.
Sponsor: Greg Walker
Mental health center appropriation allotment. Amends the allotment of county funds to community mental health centers in Marion County to provide for a phased transition from a formula based on populations of service areas to a formula oriented toward numbers of enrolled consumers served. (Current law requires the allotment to be based upon the population residing in each service area.)
Sponsor: Cindy Kirchhofer
Right to use Lake Michigan shore for recreation. Defines "Lake Michigan shore" as the land along the edge of Lake Michigan between the water's edge and the ordinary high water mark. Provides that the Lake Michigan shore is held in trust by the state of Indiana for the use of the public. Provides that the department of natural resources (department) has: (1) jurisdiction over the Lake Michigan shore; and (2) the duty to protect the public's exercise of vested public rights in the Lake Michigan shore. Provides that the construction of structures that may extend onto the Lake Michigan shore is subject to regulation and permitting by the department. Provides that the public of Indiana has a vested right to use the Lake Michigan shore for certain recreational activities. Provides that the public of Indiana does not have a right to use the Lake Michigan shore to engage in an activity that: (1) constitutes a public nuisance; or (2) interferes with the exercise by other members of the public of their right to engage in the recreational activities that the public has a right to engage in. Authorizes the department to delegate concurrent authority to a unit of local government to regulate and enforce the right of the public to use the Lake Michigan shore for recreational activities.
Sponsor: Karen Tallian
Independent review board. Urges the legislative council to assign to the appropriate interim study committee the task of studying the process by which a 1977 fund member is determined to be entitled to receive a disability benefit, including the advisability of requiring the Indiana public retirement system to establish a single independent review board for disability determinations.
Sponsor: Philip Boots
Nonconsensual pornography. Defines "intimate image" and makes it a Class A misdemeanor for a person to distribute an intimate image of an individual whom the person: (1) knows does not consent to the distribution of the intimate image; and (2) knowingly or intentionally distributes the intimate image with the intent to annoy, harm, harass, intimidate, threaten, or coerce; the other person. Increases the penalty to a Level 6 felony for a second or subsequent offense.
Sponsor: Mike Speedy
Expenditures of redevelopment commissions. Provides that except for property tax proceeds transferred to a school corporation or public school, including a charter school, allocated property tax proceeds may be expended for projects located outside an allocation area only if the redevelopment commission adopts a declaratory resolution that finds that the expenditures: (1) will directly benefit the allocation area; or (2) will result in the creation or retention of jobs in the private sector. Adds various requirements related to expenditures under contracts between redevelopment commissions and providers of educational and training programs to establish programs designed to prepare individuals to participate in the competitive and global economy.
Sponsor: Edward Clere
Recognizing the F and AM Masonic Lodge #341 in Greentown, Indiana.
Sponsor: Michael Karickhoff
Assisted reproduction and gestational surrogacy. Amends provisions regarding testing of donated human sperm and eggs. Repeals current Indiana law regarding surrogacy agreements. Enacts the gestational surrogacy act, which establishes: (1) presumptions regarding parentage; (2) prerequisites for individuals who wish to enter into a gestational surrogacy agreement; (3) procedural requirements for gestational surrogacy; (4) requirements for gestational surrogacy agreements; (5) support obligations with regard to a child born as the result of gestational surrogacy; (6) remedies for breach of a gestational surrogacy agreement; and (7) provisions for determination of jurisdiction over litigation regarding a gestational surrogacy agreement. Enacts the gamete donation act, which establishes: (1) presumptions regarding parentage of a child born as the result of gamete donation; (2) prerequisites for individuals who wish to enter into a gamete donation agreement; (3) procedural requirements for gamete donation; (4) requirements for gamete donation agreements; (5) provisions regarding parentage of a child born posthumously to a gamete donor; (6) remedies for breach of a gamete donation agreement; and (7) provisions for determination of jurisdiction over litigation regarding a gamete donation agreement. Increases the maximum amount an ovum donor may be compensated for the donor's recovery time from $4,000 to $6,000. Requires legal counsel to have significant experience in assisted reproduction matters in certain instances. Provides that a gestational surrogacy agreement may not limit the right of the gestational surrogate to make any decision concerning the gestational surrogate's right to terminate or continue a pregnancy. Provides that any term or condition in a gestational surrogacy agreement that contradicts or seeks to abrogate a surrogate's right to continue or terminate a pregnancy is void. Provides that the marriage of a gestational surrogate after the execution of a gestational surrogacy agreement does not affect the validity of the gestational surrogacy agreement. Provides that consent from a gestational surrogate's spouse is not required in order for the terms of the gestational surrogacy agreement to be completed or performed. Provides that a person who becomes the spouse of a gestational surrogate after the execution of a gestational surrogacy agreement is not a presumed parent of the resulting child. Provides that if a gestational surrogate initiates divorce proceedings or becomes divorced before the intended parents can establish parentage, the spouse of the gestational surrogate shall not be the presumed parent of a resulting child and shall not be required to sign, or otherwise authenticate, any establishment of parentage documentation required by a court. Provides that certain conditions must be met prior to the issuance of a pre-birth court order by a court. Requires all reproductive endocrinologists and mental health professionals engaging in gestational surrogacy matters to remain informed of recommended guidelines published by the American Society for Reproductive Medicine and the American College of Obstetricians and Gynecologists. Provides that court orders concerning gestational surrogacy do not provide a court with jurisdiction over the matters of child custody or child support if jurisdiction over the matters is not otherwise authorized. Provides that a court order concerning the establishment of parentage shall be given full faith and credit in another state if an Indiana establishment of parentage court order constitutes a signed record and otherwise complies with the laws of the other state. Exempts donor compensation for gamete donation from certain prohibitions concerning the sale of a human ovum, zygote, embryo, or fetus under certain circumstances. Defines certain terms. Makes conforming amendments.
Sponsor: Sean Eberhart
Housing cost information. Amends the statute concerning state rulemaking procedures to provide that if a state agency intends to adopt a rule that may increase or decrease the costs of housing in Indiana, the agency shall prepare a housing impact analysis (analysis) for the rule. Provides that: (1) the full text of the analysis must be published in the Indiana Register; and (2) the rule must be referenced in the required newspaper notice of the rule; under state rulemaking procedures. Requires a county or a municipality to prepare an analysis if a proposed regulation may increase or decrease the cost of housing in the county or municipality. Requires the analysis to be submitted to the members of the legislative body not less than 30 days before the legislative body considers the regulation. Sets forth the required information for an analysis prepared by a state agency or by a county or municipality. Requires the Indiana housing and community development authority (authority) to prepare a comprehensive five year state housing strategy plan (plan). Sets forth required elements of the plan. Requires the authority to: (1) annually update the plan; and (2) submit the plan to the governor and the legislative council before October 1 of each year. Requires a municipality to annually prepare a housing fee report. Requires the municipality to post the report on the municipality's Internet web site (or on the county's Internet web site if the municipality does not maintain an Internet web site). Provides that a municipality may not impose any housing related fee that is not: (1) included in the fee report; or (2) posted on the municipality's Internet web site.
Sponsor: Edward Clere
A CONCURRENT RESOLUTION recognizing the University of Southern Indiana UNITE CubeSat project team.
Sponsor: James Tomes
Liens. Permits a person to discharge a mechanic's lien by filing an indemnification or payment bond with the recorder's office in an amount equal to at least 150% of the lien. Requires the surety responsible for issuing an indemnification or payment bond to: (1) be authorized to do business in Indiana; and (2) be rated at least "A-" by at least one nationally recognized investment rating service. Specifies certain requirements concerning the recording of an indemnification or payment bond. Provides that the filing or deposit of a bond discharges the liability of a person served by a lien claimant not less than 30 days after the filing or deposit of a bond. Provides that a contractor or subcontractor may adjudicate the adequacy of a bond in certain instances. Provides that the liability of a person served by a lien claimant may not be discharged while the adequacy of a bond is being adjudicated. Repeals the current statute concerning the filing of an undertaking to discharge a lien. Urges the legislative council to assign to the appropriate interim study committee (committee) the topic of judgment liens. Provides that if the topic of judgment liens is assigned to the appropriate committee, the following topics will be addressed by the committee: (1) The feasability of developing, preparing, and implementing, before January 1, 2021, a plan, protocol, or Internet based system concerning judgments and pending cases. (2) The feasibility of providing, before January 1, 2021, all necessary training and education to clerks of court regarding any plan, protocol, or Internet based system concerning judgments or pending cases. (3) Any other issue or topic relevant to the development and implementation of any plan, protocol, or Internet based system concerning judgments or pending cases. Makes conforming amendments.
Sponsor: Gerald Torr
A SENATE RESOLUTION recognizing the F and AM Masonic Lodge #341 in Greentown, Indiana.
Sponsor: James Buck
A SENATE RESOLUTION memorializing Arbie Montgomery.
Sponsor: Jon Ford
A CONCURRENT RESOLUTION recognizing the Bicentennial of Owen County, Indiana.
Sponsor: Eric Bassler
Homelessness study. Urges the legislative council to assign the topic of homelessness to an appropriate interim study committee in 2019.
Sponsor: Jack Sandlin
A CONCURRENT RESOLUTION congratulating the New Palestine High School football team on winning the 2018 Indiana High School Athletic Association ("IHSAA") Class 5A state championship title.
Sponsor: Michael Crider
A CONCURRENT RESOLUTION congratulating the Fort Wayne Bishop Dwenger High School football team on winning the 2018 Indiana High School Athletic Association ("IHSAA") Class 4A state championship title.
Sponsor: Elizabeth Brown
Calling for an investigation into whether grounds exist for the impeachment of Attorney General Curtis Hill
Sponsor: Edward DeLaney
Waiver to adult court for attempted murder. Provides that the juvenile court shall waive jurisdiction if it finds that: (1) the child is charged with an act that would be murder or attempted murder if committed by an adult; (2) there is probable cause to believe that the child has committed the act; and (3) the child was at least 12 years of age when the act charged was allegedly committed; unless it would be in the best interests of the child and of the safety and welfare of the community for the child to remain within the juvenile justice system. Prohibits a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult (serious delinquent) from possessing a firearm unless the person is at least: (1) 26 years of age, in the case of less serious acts; or (2) 28 years of age, in the case of more serious acts. Makes possession of a firearm by a serious delinquent a Class A misdemeanor, and increases the penalty to a Level 6 felony for a second or subsequent offense. Prohibits the expungement of the juvenile records of a serious delinquent unless the person is at least 26 or 28 years of age, depending on the seriousness of the underlying delinquent acts.
Sponsor: Erin Houchin
School employee training requirements. Requires the interim study committee on education to review teacher training requirements once every five years. Repeals and relocates school training provisions concerning the following: (1) Training concerning bullying prevention and reporting. (2) Training in the implementation of the criminal organization policy or addressing criminal activity at a school. (3) Training on child abuse and neglect. (4) Research based inservice youth suicide awareness and prevention training. (5) Inservice training pertaining to the identification and reporting of human trafficking. Provides that each school corporation and charter school shall require: (1) an applicant for employment who will have direct, ongoing contact with children within the scope of the applicant's employment to attend the training before or not later than 30 days after the start date of the applicant's employment; and (2) a school employee who has direct, ongoing contact with children within the scope of the employee's employment to attend the training once every five years. Provides for all the training: (1) the format options for the training; (2) that the training required must be during the school employee's contracted day or at a time chosen by the employee; and (3) that the training shall count toward the requirements for professional development required by the governing body of the school corporation or organizer of a charter school. Removes provisions that require certain accredited nonpublic school employees to attend training on child abuse and neglect, youth suicide awareness, and human trafficking. Removes a provision providing that a school corporation may leverage state and federal grants or free or reduced cost evidence based youth suicide awareness and prevention training provided by any state agency or qualified statewide or local organization to cover the costs of the youth suicide awareness and prevention training. Removes a provision that provides that the department of education may not issue an initial teaching license at any grade level to an applicant for an initial teaching license unless the applicant shows evidence that the applicant has successfully completed education and training on the prevention of child suicide and the recognition of signs that a student may be considering suicide. Provides that a school safety plan must, for school corporations and charter schools, include information regarding the content and implementation of the training requirements.
Sponsor: Jeff Raatz
Review of category or designation of school performance and alternate diplomas. Requires the state board of education (state board) to develop alternative benchmarks, performance indicators, and accountability standards to be used in the assessment of schools that focus primarily on providing an academic program for students with developmental, intellectual, or behavioral challenges. (Current law requires the state board to develop alternative benchmarks, performance indicators, and accountability standards to be used in the assessment of schools that focus exclusively on providing an academic program for students with developmental, intellectual, or behavioral challenges.) Provides that a school corporation or school may petition the state board for review of the school corporation's or school's category or designation of school performance based on objective factors that the school corporation or school considers relevant because the annual assessment data does not accurately reflect, as applicable, school performance, growth, or multiple measures. Provides that, after considering the petition for review, the state board may direct the department of education (department) to revise the category or designation assigned to the school corporation or school. Provides that an alternate diploma must be considered as an option for a student if all other diploma options have been determined to be inappropriate for the student. Provides that if: (1) a student is unable to receive an alternate diploma due to the limitation that not more than 1% of students may receive alternate diplomas; and (2) the student's case conference committee determines that an alternate diploma for the student is appropriate; the school in which the student is enrolled shall request that the department grant a waiver of the limitation to allow the student to receive an alternate diploma if the student meets the requirements to receive the alternate diploma.
Sponsor: Andy Zay
Economic and regulatory policy task force. Establishes the economic and regulatory policy task force. Provides for members of the task force and duties of the task force. Requires the task force to prepare a report and recommendations.
Sponsor: Victoria Spartz
A CONCURRENT RESOLUTION recognizing the Indiana State Bar Association Leadership Development Academy.
Sponsor: Aaron Freeman
Education matters. Provides that the state board of education (state board) may adopt and provide to schools: (1) an early warning system that provides actionable data on students as early as elementary school; and (2) a graduation pathways tracking and reporting system that provides actionable data on students. Provides that, if the state board enters into a contract with a vendor to provide an early warning system, the state board shall include in the contract a requirement that the vendor provide to the state board, at least quarterly, a statewide summary report concerning certain information. Provides that teacher evaluations must be conducted by a certified evaluator. Establishes requirements for a teacher evaluation model. Requires a school corporation to report certain data from the school corporation's teacher evaluation model. Requires the department of education to aggregate the data and provide the information to the commission for higher education (commission) and the state board not later than December 1 of each year. Requires the state board, working in conjunction with the commission, to analyze the data annually and publish findings and recommendations to inform the teacher preparation programs in Indiana. Allows the state board to establish criteria for renewal and initial teacher preparation program approvals based on the state board's findings.
Sponsor: Jeff Raatz
Taxation of short term rentals. Provides that if a person rents or furnishes rooms, lodgings, or accommodations for consideration for periods of less than 30 days, the owner of the real property is the retail merchant responsible for collecting and remitting any sales tax imposed on the rental income received for the rental. Provides that a facilitator becomes responsible for remitting sales tax on a rental arranged by the facilitator only if the facilitator accepts payment from the consumer for a charge designated as sales tax and subsequently fails to forward the sales tax to the owner. Provides a sales tax exemption for an owner of a house, condominium, or apartment who rents or furnishes rooms, lodgings, or other accommodation in the owner's house, condominium, or apartment if the house, condominium, or apartment is the owner's primary personal residence and the owner rents or furnishes the rooms, lodgings, or other accommodations for fewer than 15 days in a calendar year (residential sales tax exemption). Provides that innkeeper's taxes apply, in addition to any other place explicitly specified in an innkeeper's tax statute, to rooms, lodgings, or other accommodations in a house, condominium, or apartment that are regularly furnished for consideration for less than 30 days. Provides that an owner who rents or furnishes rooms, lodgings, or other accommodations in a house, condominium, or apartment for consideration in a retail transaction and does not use the services of a facilitator to facilitate the retail transaction: (1) is not required to register as a retail merchant; and (2) should report the state gross retail tax collected and remitted by the owner for transactions in the manner specified by the department.
Sponsor: Karen Tallian
A CONCURRENT RESOLUTION urging the legislative council to assign to an appropriate interim study committee the task of assessing the laws and policies concerning the adjudication and rehabilitation of juvenile offenders.
Sponsor: Victoria Spartz
Criminal law issues. Specifies, for purposes of operating while intoxicated, the manner in which a chemical test for THC must be conducted. Requires the state department of toxicology to adopt rules relating to the administration of a chemical test for THC. Permits a prosecuting attorney to file for revocation of a community corrections placement. Removes a provision making the violation of a home detention order the crime of escape. Makes maintaining a common nuisance a Class A misdemeanor unless: (1) the person has a prior conviction; or (2) the common nuisance is used for human trafficking, or for cocaine, methamphetamine, or a schedule I or II narcotic drug. Removes a provision making receipt of a report a prerequisite for imposing of a two year probationary period on a misdemeanant convicted of a crime relating to substance abuse. Allows certain individuals who commit an offense in a penal facility to be sentenced to the department of correction. Provides that the exception allowing a person to possess a firearm on school property does not apply if the person commits an offense on school property. Increases the penalty for domestic battery if the defendant has a prior conviction for strangulation, and increases the penalty for strangulation if the person has a prior strangulation conviction.
Sponsor: Michael Young
Utility relocation for road projects. Codifies Indiana department of transportation (INDOT) rules prescribing the administrative process for the relocation of a utility's facilities for a road construction contract. Provides that if a utility authorizes an INDOT contractor to perform required utility relocation work as part of a road improvement project, INDOT shall indemnify the utility for any: (1) damage to the property or facilities of the utility or the utility's customers; (2) loss of utility service to the utility's customers; or (3) interruption of service to the utility's customers; caused by the INDOT contractor's work. Provides that if a utility does not perform the utility's relocation duties imposed by a final work plan within the time set forth in the final work plan, INDOT may: (1) relocate, or cause the relocation of, the utility's facilities; or (2) file a complaint in court for an emergency order to compel the utility to relocate the facilities. Provides that if INDOT relocates, or causes the relocation of the facilities, INDOT: (1) may recover from the utility the costs of the relocation; and (2) shall indemnify the utility for any: (A) damage to the property or facilities of the utility or the utility's customers; (B) loss of utility service to the utility's customers; or (C) interruption of service to the utility's customers; caused by INDOT's or an INDOT's contractor's relocation of the facilities. Provides that if INDOT prevails in a court action to compel a utility to relocate the utility's facilities or customer service facilities, the court shall order the utility to: (1) reimburse INDOT for INDOT's reasonable litigation expenses, including court costs and reasonable attorney's fees; and (2) pay to INDOT a civil penalty of not less than $20,000. Provides that if a utility prevails in a court action to compel the utility to relocate the utility's facilities or customer service facilities, the court shall order INDOT to pay: (1) the costs of any relocation of the utility's facilities in connection with the project; and (2) the reasonable litigation expenses, including court costs and reasonable attorney's fees, incurred by the utility. Provides that these same procedures apply with respect to the relocation of utility customer service facilities in connection with construction projects involving the state highway system. Provides that if a county executive determines that the location of a utility's facilities will interfere with a planned road, highway, or bridge project under the jurisdiction of the county: (1) the county executive may order the utility to relocate the utility's facilities in accordance with the procedures used by INDOT for projects involving the state highway system; and (2) if the county executive elects to use those procedures: (A) the county executive has all of the authority granted to, and the obligations of, INDOT under that statute, to the extent applicable; and (B) the utility has all of the obligations and rights of a utility under that statute, to the extent applicable.
Sponsor: Randall Head
A CONCURRENT RESOLUTION congratulating the New Palestine High School softball team on winning the 2018 Indiana High School Athletic Association ("IHSAA") Class 3A state championship title.
Sponsor: Michael Crider
Transmission of communicable diseases. Changes the following defined terms: (1) "carrier" to "individual with a communicable disease"; (2) "dangerous communicable disease" to "serious communicable disease"; and (3) "dangerous disease" to "serious disease". Specifies that an individual must intentionally meet all the delineated conditions to commit the offense of transmitting a communicable disease. Requires that for violations of the communicable disease laws: (1) an information or indictment alleging the violations be redacted in accordance with rules adopted by the Indiana supreme court; (2) the court close the proceedings; and; (3) the medical information of the parties is confidential. Removes the authority of a court to limit testing to a test only for human immunodeficiency virus (HIV) if the defendant is charged with battery or domestic battery involving placing bodily fluid or waste on another person. Removes certain references to AIDS. Repeals the crimes of: (1) recklessly, knowingly, or intentionally donating, selling, or transferring blood or semen for artificial insemination that contains HIV; and (2) infecting an individual through the act of donating, selling, or transferring blood or semen. Makes conforming changes. Makes a technical correction.
Sponsor: Edward Clere
Health care expenditure report and recommendation. Requires the office of Medicaid policy and planning to collaborate with the department of insurance and report certain health care expenditure and cost information and recommendations to the legislative council concerning Medicaid. Requires the division of mental health and addiction, with the participation of the criminal justice institute, to provide an executive summary to the legislative council (and, to the extent possible, the standing committees concerning health) concerning the current health payment system and the legal system as each relates to mental health and addiction treatment services provided to individuals against whom criminal charges have been filed or who are incarcerated.
Sponsor: Victoria Spartz
Study of education matters. Urges the legislative council to assign to an appropriate study committee the topics of: (1) improving science education; (2) improving mathematics, geography, and personal finance education in kindergarten through grade 12; and (3) including entrepreneurship curriculum in kindergarten through grade 12.
Sponsor: Victoria Spartz
Training for local government officers. Adds a definition of "training course" for purposes of the training requirements that are applicable to the executive, legislative, and fiscal bodies of counties, cities and towns. Requires the Indiana office of community and rural affairs (office) to develop and make available courses to train members of the following county, city, and town bodies: (1) A plan commission and board of zoning appeals. (2) A county drainage board. Provides that the office may work in cooperation with public and private organizations and state educational institutions in developing and making the training courses available. Requires a member of a county, city, or town body to complete the training by the later of the following dates: (1) Twelve months after the member is elected or appointed. (2) July 1, 2020. Allows a county, city, or town to fix the compensation of a building inspector that has attained certification from the International Code Council at a salary that is higher than a building inspector that has not attained certification. Provides that an individual elected to the office of county auditor, treasurer, recorder, or surveyor must take a newly elected official training course before the individual first takes the office. Provides that money in the county elected officials training fund (fund) may be used to provide to county auditors, treasurers, recorders, and surveyors the following: (1) Travel, lodging, and related expenses associated with any training paid for from the fund. (2) Training of one or more designees of a county elected official if sufficient funds are appropriated by the county fiscal body. Provides that money in the fund may be used for the newly elected official training course expenses. Provides that the failure of an individual to complete the required training does not prevent the individual from taking an office to which the individual was elected. Provides that a county, city, or town may pay the training expenses of a member of the executive, legislative, or fiscal body from the county, city, or town's general fund without appropriation.
Sponsor: Karen Engleman
Hazing. Provides that a postsecondary educational institution must develop an educational plan on hazing. Requires a postsecondary educational institution to report incidents of hazing on the postsecondary educational institution's Internet web site. Amends the elements and penalty levels for the offense of hazing. Provides that any person who actively directs or engages in an act of hazing which results in the injury of another person, shall, to the extent that the person can do so without danger or peril to self or others, give reasonable assistance to the injured person. Provides that failure to seek assistance, in no serious bodily injury, is a Class B misdemeanor. Provides that failure to seek assistance results in serious bodily injury the offense is a Level 6 felony. Provides that certain arguments are not a defense to hazing or contributory hazing.
Sponsor: Terri Jo Austin
Sentencing. Makes dealing in a Schedule I or II narcotic drug as a Level 2 felony nonsuspendible if the person has a prior unrelated felony conviction for certain drug dealing offenses.
Sponsor: James Merritt
Let Indiana Work for You program. Requires the commission for higher education (commission) to establish, in coordination with the department of workforce development (department) and the Indiana economic development corporation (corporation), the Let Indiana Work for You program (program) to: (1) provide to colleges and universities information concerning workforce opportunities in Indiana and other benefits of residing and working in Indiana after graduating from the college or university; and (2) implement the program. Provides that, if a college or university approves of the information under the program for distribution to students of the college or university, the: (1) commission, in coordination with the department and the corporation, shall provide the information to the college or university; and (2) college or university shall present-in person or use other communication mediums to provide the information to students of the college or university. Requires the Indiana economic development corporation to assemble and provide to the commission and the department information concerning the economic benefits of residing and working in Indiana.
Sponsor: John Ruckelshaus
National guard life insurance program. Requires the adjutant general of the Indiana national guard to facilitate the state sponsored group term life insurance program for members of the Indiana national guard.
Sponsor: James Tomes
Recognizing the history of Bethel African Methodist Episcopal Church.
Sponsor: Cherrish Pryor
Protective orders and employment. Urges the general assembly to assign to an appropriate interim study committee the task of studying the issue of whether an individual can be subject to disqualification from eligibility for unemployment benefits because the individual was discharged from employment due to circumstances directly related to the individual's filing of a petition for a protective order.
Sponsor: Lonnie Randolph
Judicial officers and public safety officials. Provides that a person commits battery on a public safety official if the offense is committed against a current or former public safety official: (1) while the official is engaged in the official's official duty; or (2) in retaliation for the official having engaged in the official's official duty. (Under current law, a person commits the offense only if the official is acting in the person's official duty.) Exempts a person who retires from judicial office after at least 20 years of service or because of a disability from the payment of the fee for a license to carry a handgun. Permits a former judicial officer to possess and use a handgun in the same locations as a judicial officer, and requires the supreme court to annually issue an identification card to a former judicial officer.
Sponsor: Anthony Cook
A CONCURRENT RESOLUTION urging the Indiana Department of Transportation to rename the bridge over Big Walnut Creek at North U.S. Highway 231 as the "James Baugh Memorial Bridge".
Sponsor: Karlee Macer
Electronic reporting of valuable metal purchases. Transfers authority of the state police department with respect to valuable metals dealers to the state of Indiana. Defines "automotive salvage recycler". Allows a political subdivision that required valuable metal reporting by an automotive salvage recycler, before July 1, 2019, to continue such requirements. Provides that the state of Indiana or political subdivision may not enforce a subscription use agreement by and between an automotive salvage recycler and a third party reporting system that enables the sale of information reported in any manner. Provides that information reported by an automotive salvage recycler may only be used for law enforcement purposes. Makes a valuable metal dealer immune from civil liability arising from the disclosure of information concerning valuable metal purchases if the information is disclosed through a computer system breach and the breach is caused by a person other than, and without the knowledge or consent of, the valuable metal dealer.
Sponsor: Randall Head
Statute of limitations. Assigns the issue of studying the statute of limitations for a civil cause of action against a person or entity whose negligent or intentional act or omission led to the sexual abuse of a child.
Sponsor: James Merritt
Worker's compensation. Increases benefits for injuries and disablements by 2% each year for three years, beginning on July 1, 2019.
Sponsor: Karen Tallian
Regional transit expansion. Allows counties to impose an additional local income tax rate to fund the operations of a public transportation corporation and the operations of a rural transportation assistance program if the: (1) voters of the county approve a local public question; and (2) fiscal body of the county adopts an ordinance to impose the additional tax rate. Provides that the rate must be at least 0.1% but not more than 0.25%. Excludes from this provision any county that is eligible to hold a referendum on funding transportation projects under the central Indiana public transportation projects statute.
Sponsor: Mark Stoops
Central Indiana public transportation projects. Repeals the prohibition that prevents certain counties from: (1) purchasing; (2) leasing; (3) acquiring; (4) constructing; or (5) operating a light rail project. Makes a conforming amendment.
Sponsor: Justin Moed
Survivors' benefits. Decreases the years of service that a participant in the state excise police, gaming agent, gaming control officer, and conservation officers' retirement plan must have in the plan at the time of the participant's death in order for the nominated survivor of the participant to be entitled to survivors' benefits from 15 years to 10 years.
Sponsor: Jack Sandlin
Pharmacist care study. Urges the legislative council to assign the topic of coverage for pharmacist care to an interim study committee during the 2019 interim of the general assembly.
Sponsor: Ronald Grooms
Theft. Provides that a person commits the offense of theft if the person knowingly or intentionally exerts unauthorized control over property and then uses the Internet to sell, deliver, or distribute the property to another person acting as an enterprise engaged in racketeering activity.
Sponsor: Sharon Negele
Driver's license reinstatement fees. Requires the bureau of motor vehicles to administer an amnesty program to reduce reinstatement fees for suspended driving privileges, and establishes criteria for the program. Urges the legislative council to assign to the appropriate interim study committee the task of studying: (1) the prospective reduction of reinstatement fees; (2) the establishment of an insurance program to provide funding to insurance carriers to reduce the automobile insurance premium costs of individuals whose annual household income does not exceed 200% of the federal income poverty level; and (3) the topic of evaluating whether the amount of liability insurance (or other evidence of financial responsibility) required for operation of a motor vehicle is adequate and appropriate.
Sponsor: Greg Taylor
Alcohol matters. Provides that a farm winery permit holder or an artisan distiller's permit holder may: (1) be the proprietor of a restaurant; (2) transfer wine or liquor from the winery or distillery to the restaurant; (3) have a window between the winery or distillery and the restaurant; and (4) have a doorway or other opening between the winery or distillery and the restaurant. Provides that a farm winery and a holder of a vintner's permit may sell their wine to consumers by the box or by the bulk container. Provides that a holder of a farm winery permit may hold a micro wine wholesaler's permit without complying with the requirements for holding a beer wholesaler's permit or liquor wholesaler's permit. Removes distillers and rectifiers from the entities that cannot have an interest in a beer permit. Repeals language that prohibited the holder of an artisan distiller's permit, a distiller's permit, or a rectifier's permit from owning or possessing a permit to sell liquor at wholesale. Repeals the crime prohibiting artisan distillers, distillers and rectifiers from owning holder shares of stock of a corporation that holds an Indiana permit to sell alcoholic beverages at retail. Provides that it is lawful for a holder of a retailer's permit to own or possess an interest in a distiller's permit or a farm winery permit.
Sponsor: Edward Clere
A CONCURRENT RESOLUTION honoring Indiana State Trooper Roy E. Jones.
Sponsor: Robert Cherry
Property tax assessment appeals. Repeals a statute requiring the Indiana board of tax review (board) to recommend that parties settle or mediate any case pending before the board if certain conditions are met. Provides that certain burden shifting requirements do not apply if the assessment that is the subject of the review or appeal is based on substantial renovations or new improvements. Provides that "small claim" means an appeal where the parties have elected to proceed under the board's small claims rules. (Current law defines the term as an appeal of a final determination of assessed valuation that does not
Sponsor: Aaron Freeman
Criminal background check. Includes public libraries in the definition of "qualified entities" for purposes of criminal background checks. Requires qualified entities to conduct a background check under certain circumstances. Provides that a public library: (1) is not required to conduct a background check on employees or volunteers whose scope of work does not include contact with children; and (2) is required to perform a background check on a person who conducts a performance, presentation, or workshop for children less than 14 years of age. Specifies that a public library is not required to conduct a background check on an individual if the library or another library has conducted a background check within the previous year and certain other conditions are met.
Sponsor: James Tomes
Congratulating Mr. Jesse Mendez on his 2019 state championship title in wrestling.
Sponsor: Lisa Beck
State payments in lieu of property taxes. Urges the legislative council to assign to an appropriate interim study committee the task of studying the topic of state payments in lieu of property taxes to counties in which at least 15% of all land in the county is: (1) in the aggregate, owned or leased by the state of Indiana or the federal government; and (2) subject to an exemption from property taxes.
Sponsor: Erin Houchin
A SENATE RESOLUTION urging the legislative council to assign the topic of Employee Stock Ownership Plans to an appropriate study committee.
Sponsor: John Crane
Sentencing and bias crimes. Provides that a court may consider bias in imposing a criminal sentence. Specifies the manner in which bias crime data shall be reported to the state police department.
Sponsor: Mike Bohacek
A SENATE RESOLUTION congratulating Donny and Kristin Jones on their 28th wedding anniversary.
Sponsor: J.D. Ford
Professional employer organizations. Provides that for purposes of unemployment compensation, a professional employer organization (PEO) that elects to use the PEO level reporting method is liable for all contributions, interest, penalties, and surcharges for the duration of a professional employer agreement or until the effective date of an election by the PEO to change to the client level reporting method. Provides that a client of a PEO is not considered to be a successor employer as a result of entering into a professional employer agreement with a PEO.
Sponsor: Gerald Torr
Virtual education. Requires a school corporation to establish and implement an annual onboarding process and orientation for prospective students of a school corporation's virtual education program. Requires a virtual charter school to establish and implement an annual onboarding process and orientation for students newly enrolled in the virtual charter school. Provides that, after June 30, 2019, a governing body of a school corporation or the mayor of Indianapolis may not authorize a virtual charter school. Requires a virtual charter school authorizer to review and monitor certain practices of the virtual charter school. Provides that a student who does not participate in a school corporation's virtual program before July 1, 2019, must complete the onboarding process and orientation established by the school corporation before the student may participate in the school corporation's virtual education program. Provides that, if at least 30% of the total number of students enrolled in a school corporation participate in the school corporation's virtual education program, the school corporation shall establish a dedicated virtual education school. Requires a student in a virtual education program or virtual charter school to be an Indiana resident. Provides that if a student of a virtual education program or a virtual charter school accumulates the number of unexcused absences sufficient to result in the student's classification as a habitual truant, the student must be withdrawn from the virtual education program or virtual charter school.
Sponsor: Robert Behning
Pension thirteenth checks. Provides for thirteenth checks in 2019 and 2020 for certain members of the: (1) Indiana state teachers' retirement fund; (2) public employees' retirement fund; (3) state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan; (4) state police pre-1987 benefit system; and (5) state police 1987 benefit system.
Sponsor: Charles Burton
Transitions of newly elected officials. Requires the department of local government finance (department) and the state board of accounts (board) to work with local government associations to develop a checklist that describes, for each elected local office, the information relating to that local office that is important and useful for a successor to that local office to have access to before the successor assumes office. Requires an incumbent of a local elected office to provide to the successor, not later than 14 days after the successor's election is certified, access to the information described by the department and the board. Provides that not later than 14 days after the successor requests access to information relating to the local office, other than information described in the checklist developed by the department and the board, the incumbent shall provide the successor access to that information unless federal or Indiana law otherwise prohibits the successor's access to the information before the successor assumes the office. Provides that if an incumbent denies access to information to which the successor is required or requested to have access, the successor has a cause of action to mandate the incumbent to provide the information. Makes a change to a provision regarding the transfer of records used in the preparation of an annual report by a township executive (executive) whose term expires to require that the new executive provide the former executive access to the records necessary in the preparation of the former executive's annual report.
Sponsor: Cherrish Pryor
A CONCURRENT RESOLUTION congratulating members of Delta Sigma Theta Sorority, Inc. on Delta Day at the Indiana State Capitol on this 26th day of February, 2019.
Sponsor: Ryan Hatfield
Asbestos litigation. Requires certain disclosures regarding asbestos trust claims in civil asbestos actions. Requires a defendant to identify additional trust claims that a defendant believes a plaintiff is eligible for in a written motion (motion). Requires a defendant to disclose, in the defendant's motion, the basis for the defendant's belief that a plaintiff is eligible for an additional trust claim. Prohibits a defendant from filing an additional motion alleging plaintiff eligibility for additional trust claims in certain instances.
Sponsor: Matthew Lehman
A CONCURRENT RESOLUTION recognizing February as Self-Care Awareness Month.
Sponsor: Cindy Kirchhofer
Employment of minors. Urges the legislative council to assign to an appropriate interim study committee the task of studying the employment of minors.
Sponsor: Clyde Perfect
Food and beverage tax and innkeeper tax. Permits the fiscal body of White County to levy the county innkeeper's tax on resorts and any other buildings or structures in the county in which lodging is regularly furnished for consideration. Authorizes the city of Greenwood, town of Danville, and town of Whitestown to adopt a food and beverage tax. Provides that the tax rate may not exceed 1%. Provides that money received from the tax shall be distributed by the treasurer of state to the city of Greenwood, town of Danville, or town of Whitestown. Specifies the uses to which receipts from the food and beverage tax may be applied.
Sponsor: Jack Sandlin
Distributions of public safety income tax revenue. Requires the distribution of public safety local income tax revenues to a township that provides fire protection or emergency medical services (other than a township in Marion County). Permits a qualified fire protection territory and a qualified fire protection district (other than in Marion County) to be eligible to receive distributions of public safety local income tax revenues.
Sponsor: Rick Niemeyer
Property tax exemption. Provides that a person seeking a property tax exemption for property used for a charitable purpose may file an exemption application up to 30 days after the statutory deadline if the person pays a late filing fee. Requires the county auditor deposit all money collected from the late filing fee in the county's property reassessment fund. Provides that a property owner may submit a property tax exemption application before September 1, 2019, for any real and personal property: (1) for which an exemption application was filed after April 1, 2017, and before April 10, 2017; and (2) that would have been eligible for a property tax exemption if an exemption application had been properly and timely filed for the real and personal property. Specifies that if a property owner files such an exemption application, the property tax exemption shall be allowed and granted for the January 1, 2017, assessment date, and the property owner is entitled to a refund for any taxes, penalties, and interest paid with respect to the property for that assessment date.
Sponsor: Ronnie Alting
Sentencing after probation revocation. Permits a person convicted of a Level 6 felony to be committed to the department of correction (DOC) if: (1) the person's probation, parole, or community corrections is revoked due to commission of a new criminal offense; (2) the person has been charged with the new criminal offense; and (3) commitment to the DOC is due to the revocation.
Sponsor: Randall Head
Waiver of interest and penalties. Provides that the fiscal body of a county may adopt an ordinance to establish a property tax amnesty program and require a waiver of interest and penalties added before January 1, 2019, on delinquent taxes and special assessments on real property in the county if: (1) all of the delinquent taxes and special assessments on the real property were first due and payable before January 1, 2019; and (2) before May 1, 2020, the taxpayer has paid all of these delinquent taxes and special assessments and has also paid all of the taxes and special assessments that are first due and payable after December 31, 2018. Requires the waiver of interest and penalties in these circumstances, notwithstanding any payment arrangement entered into by the county treasurer and the taxpayer. Provides that the waiver of interest and penalties under a program shall not apply to interest and penalties added to delinquent property tax installments or special assessments on real property that was purchased or sold in any prior tax sale.
Sponsor: Eddie Melton
Reporting on worker misclassification. Requires the department of state revenue, the state department of labor, the worker's compensation board of Indiana, and the department of workforce development to report before November 1 of each year for three years, beginning November 1, 2019, to the interim study committee on employment and labor for the immediately preceding state fiscal year: (1) the number of employers that each department or the board determined during the immediately preceding state fiscal year improperly classified at least one worker as an independent contractor; (2) the total number of improperly classified workers employed by those employers; (3) the department's or board's calculation of actual revenue not collected or the additional costs to the state that the department or board attributes to the improperly classified workers; (4) the amount of the penalties and interest assessed against those employers by each department or the board, and the amount of the penalties and interest assessed that has been collected; and (5) the classification criteria used by the department to classify workers. Requires that the reports include only information in the form of aggregate statistics and not include information that can be used to identify specific employers or workers. Urges the legislative council to assign to an appropriate interim study committee the task of studying the topic of uniformity in definitions across the Indiana Code for the terms "employee" and "independent contractor".
Sponsor: David Niezgodski
Physician maintenance of certification. Prohibits a hospital from denying hospital staff or admitting privileges to a physician or podiatrist based solely on the decision of the physician or podiatrist not to participate in maintenance of certification. Specifies that the medical licensing statute and the podiatrist licensing statute do not require a licensed physician or licensed podiatrist to hold or maintain a board certification in a specialty medical area in order to practice. Prohibits an accident and sickness insurer from: (1) denying a physician or podiatrist the right to enter into a reimbursement agreement with the insurer; (2) denying a physician or podiatrist reimbursement for a covered service; or (3) setting reimbursement for services provided by a physician or podiatrist at a lower rate; based solely on the decision of the physician or podiatrist not to participate in maintenance of certification. Prohibits a health maintenance organization (HMO) from: (1) preventing a physician or podiatrist from entering into a participating provider contract with the HMO; (2) denying a physician or podiatrist reimbursement for a covered service; or (3) setting reimbursement for services provided by a physician or podiatrist at a lower rate; based solely on the decision of the physician or podiatrist not to participate in maintenance of certification.
Sponsor: Elizabeth Brown
Kids first trust fund board subsidiary corporation. Allows the Indiana kids first trust fund board to create a nonprofit subsidiary corporation.
Sponsor: James Merritt
Modified symbol of access. Requires that parking signs for accessible parking spaces for an individual with a physical disability must bear, instead of the international symbol of accessibility (also known as the international wheelchair symbol), the modified symbol of access when erected, replaced, or repaired after December 31, 2019. Requires that license plates and placards issued by the bureau of motor vehicles for display in or on a vehicle used to transport a person with a disability must bear, rather than the international symbol of accessibility, the modified symbol of access on all new license plates or duplicate or replacement plates after December 31, 2019.
Sponsor: Vaneta Becker
Intimidation. Provides that a person who communicates a threat: (1) with the intent of causing a person to engage in conduct against the person's will; (2) as retaliation for a prior lawful act; or (3) and places another person in the fear that certain threats will be carried out; commits intimidation, a Class A misdemeanor. Provides that the offense is a Level 6 felony if the threat is based on the person's occupation or relates to an act taken within the scope of the person's occupation, and increases the penalty to a Level 5 felony if the threat is to commit terrorism or is made in furtherance of an act of terrorism.
Sponsor: Eric Koch
Recidivist look back periods. Provides that a person commits a Level 6 felony if the person: (1) has a prior conviction for operating while intoxicated that occurred within the previous seven years; or (2) has at least two prior unrelated convictions for operating while intoxicated, two of which occurred in the previous 15 years. Provides that a person who causes serious bodily injury to another person when operating a vehicle while intoxicated commits a Level 5 felony if the person has a previous conviction for operating while intoxicated within the previous seven years. Provides that a person commits a Level 6 felony for theft if the person has a prior unrelated conviction for theft or conversion that occurred within the previous 10 years. (Current law provides that a person commits a Level 6 felony for theft if the person has a prior unrelated conviction for theft or conversion at any time.)
Sponsor: Jack Sandlin
Probation. Provides that a court must require, as a condition of probation, that an offender against children not reside within 1,000 feet of a school, youth program center, or park.
Sponsor: Michael Young
Indiana youth service program. Provides that Ivy Tech Community College (Ivy Tech) shall develop a proposal to establish the Indiana youth service program (program) to provide high school graduates with the opportunity to learn various skills and participate in service at host sites throughout Indiana. Provides that Ivy Tech may seek input on the program from the department of workforce development, the commission for higher education, and the legislative services agency. Provides that Ivy Tech shall present the proposed program, including costs of administration, to the budget committee and the general assembly for review and consideration not later than December 1, 2019.
Sponsor: John Ruckelshaus
Voter challenges in primaries. Eliminates voter challenges at a primary election based on party affiliation.
Sponsor: Mike Bohacek
County council and commissioner salaries. Allows the president of the county executive and the president of the county fiscal body in a county other than Marion County to receive a salary that is more than that of the other members as compensation for extra services performed as president. Provides that a president may not receive additional compensation that exceeds 25% of the salaries of the body's other members. Legalizes and validates any action taken by the bodies or members of the bodies before July 1, 2019, regarding the fixing or receipt of a president's salary that includes compensation for extra services.
Sponsor: Mike Bohacek
Small loans. Changes the current incremental finance charge limits that apply to a small loan to a maximum annual rate. Prohibits making, or taking other actions with respect to, a small loan with a greater rate or amount of interest, or other fees and charges, than allowed under the statute governing small loans. Prohibits a credit services organization from providing certain functions with respect to a small loan and makes a violation a deceptive act.
Sponsor: Greg Walker
A CONCURRENT RESOLUTION congratulating Elaine Shomaker on the occasion of her 100th birthday.
Sponsor: Doug Miller
Felony registry. Defines "felony" and requires the office of judicial administration to establish an electronic felony registry (registry) through June 30, 2023, containing information relating to persons convicted of a felony. Specifies that a person does not have a duty or other obligation in providing banking or other financial services to review the registry or deny services to a person on the registry.
Sponsor: Randall Head
Cultural district development. Provides that an arts and cultural district certified by the Indiana arts commission is subject to annual review by the commission and must be recertified every four years. Specifies certain requirements for certification (or recertification) of a district.
Sponsor: Jon Ford
Operating a vehicle while intoxicated. Provides that a person who causes the death of another person when operating a vehicle with: (1) cocaine; (2) a narcotic drug listed in schedule I or II; or (3) methamphetamine; or its metabolite in the person's blood commits a Level 4 felony.
Sponsor: Michael Young
Watercraft accidents. Provides that an operator of a boat who is involved in an accident or collision resulting in injury to or death of a person or damage to a boat or other property (operator) shall: (1) if it can be done without endangering a person, stop the boat immediately and as close as possible to the scene of the accident; and (2) if it can be done without endangering a person, return to the scene of the accident and remain there until the operator has complied with the statutory requirements concerning watercraft accidents. Specifies that the operator shall notify emergency services in addition to providing reasonable assistance to each person injured. Requires that an operator make a reasonable and good faith effort to assist a person injured in a collision. Provides, however, that an operator is not required to perform an act that would endanger a person.
Sponsor: James Merritt
Firearms matters. Designates the following as voter registration offices: (1) Each office affiliated with the Indiana state police. (2) Each office affiliated with the sheriff of a county. (3) Each office affiliated with a municipal law enforcement agency. Specifies that each issuance of a hunting, fishing, or trapping license shall be accompanied by a mail in voter registration form. Permits a person who may legally possess a firearm to possess a firearm on school property if the person possesses the firearm: (1) as an employee or volunteer of a house of worship located on the school property; or (2) while attending a worship service or religious ceremony conducted at a house of worship. Increases the duration of a four year handgun license to five years. Provides that an individual may simultaneously hold both a five year license and a lifetime license. Requires a law enforcement officer to whom an application for a handgun license is made to consult available local, state, and federal criminal history data banks, including the National Instant Criminal Background Check System (NICS), when determining whether possession of a firearm by an applicant would be a violation of state or federal law. Modifies the state fees for five year licenses beginning July 1, 2020. Excludes certain nonexclusive uses of school property from the statutory definition of "school property".
Sponsor: Ben Smaltz
Tax credit for teachers. Replaces the tax credit for classroom supplies purchased by a teacher with a nonrefundable tax credit for a teacher. Defines "teacher" for purposes of the tax credit.
Sponsor: Ben Smaltz
A SENATE RESOLUTION recognizing Indiana Dance Company's performers in the America's Clogging All-Stars historical performance during the 2019 London New Year's Day Parade.
Sponsor: Mark Stoops
Landlord tenant matters. Provides that, if a tenant refuses or neglects to pay rent and fees when due, a landlord may terminate the lease after giving not less than ten days notice, but not if the tenant pays the rent and fees in full before the notice period expires. Requires notice to a tenant regarding lease termination to include a statement about failure to pay rent and fees. Provides that notice is not required to terminate a formal or informal lease in certain situations. Requires a court to hear a cause of action filed by a tenant to enforce an obligation of a landlord no later than 30 days after the date of filing.
Sponsor: Mike Bohacek
A SENATE RESOLUTION urging the legislative council to assign to an appropriate study committee the issue of criminal laws concerning fraud and deception.
Sponsor: Michael Young
Local public questions. Provides that except as otherwise specifically provided by a statute, a local public question may be placed on the ballot only at the following elections: (1) A general election. (2) A municipal general election, but only if the election district for the public question is contained entirely within a municipality. Makes conforming changes.
Sponsor: Blake Doriot
Credit services organizations. Amends the definition of "credit services organization" for purposes of the Indiana statute governing credit services organizations to more closely align the definition with the definition of "credit repair organization" set forth in the federal Credit Repair Organizations Act. Makes conforming amendments by: (1) amending the definition of "buyer" in the Indiana statute; (2) repealing the definition of "debt settlement services" from the statute; and (3) amending a definitions section in the statute governing debt management companies. Provides that it is a deceptive act for a credit services organization to fail to disclose the credit service organization's contact information on all communications to consumers, data furnishers, creditors, and credit reporting agencies. Specifies that a person that receives a communication from a credit services organization that does not include the credit services organization's contact information may bring a cause of action to recover damages under the statute.
Sponsor: Charles Burton
A SENATE RESOLUTION memorializing Harvey Lambright.
Sponsor: Susan Glick
Marion County sports development area. Establishes an additional professional sports development area in Marion County to capture state and local revenue for capital improvements. Provides for the issuance of indebtedness to finance a multipurpose soccer stadium.
Sponsor: Jack Sandlin
A CONCURRENT RESOLUTION urging the legislative council to assign to the interim study committee on government the task of reviewing the statutes that govern contracting procedures within the Indiana Department of Transportation.
Sponsor: Victoria Spartz
A SENATE RESOLUTION congratulating Isabella Errington on being named one of the Distinguished Finalists for Indiana's Top Youth Volunteers of 2019.
Sponsor: Elizabeth Brown
Recognizing the Indiana Association of Career and Technical Education Districts.
Sponsor: Vanessa Summers
A CONCURRENT RESOLUTION memorializing Sergeant Benton "Ben" Bertram and urging the Indiana Department of Transportation to name a mile of State Road 3 near Scottsburg the "Sgt. Ben Bertram Memorial Mile".
Sponsor: Chris Garten
Recognizing the Indianapolis Sister Cities program with Hangzhou, China.
Sponsor: Charles Burton
A CONCURRENT RESOLUTION recognizing FFA and all of its work to advance the quality of agricultural education both locally and nationally.
Sponsor: Donald Lehe
A CONCURRENT RESOLUTION recognizing the Indiana School Boards Association on the 70th anniversary of its founding.
Sponsor: Jeff Raatz
A CONCURRENT RESOLUTION congratulating Judge Thomas Newman, Jr. upon his retirement from the Madison County Court as the longest-serving jurist in Indiana.
Sponsor: Timothy Lanane
A CONCURRENT RESOLUTION urging the Indiana Department of Transportation to designate the pathway along the U.S. Highway 150 connector between Terre Haute and West Terre Haute as the Max Miller Memorial Pathway.
Sponsor: Jon Ford
Memorializing Matthew Allen English.
Sponsor: Cindy Kirchhofer
Study of the preservation of war memorials. Urges the legislative council to assign the task of studying the preservation of war memorials to an appropriate study committee.
Sponsor: Christy Stutzman
Annexation. With regard to an annexation ordinance adopted after June 30, 2019, allows a county executive to review and deny an annexation if, for the assessment date in the calendar year preceding the calendar year in which the annexation ordinance is adopted, the total gross assessed value of all property annexed by the municipality by all ordinances adopted on the same date is more than 5% of the total gross assessed value of the municipality (without considering the territory to be annexed in the ordinance or ordinances). Provides that if the county executive: (1) denies the annexation, the proceedings are terminated; or (2) does not deny the annexation, the annexation proceedings continue. With regard to an annexation ordinance adopted after June 30, 2019: (1) requires the county executive to review; and (2) allows the county executive to deny an annexation, if, for the assessment date in the calendar year preceding the calendar year in which the annexation ordinance is adopted, the total gross assessed value of all property annexed by the municipality by all ordinances adopted during the calendar year is more than 15% of the total assessed value of the municipality (without considering the territory to be annexed in the ordinance or ordinances). Provides that if the county executive: (1) denies the annexation, the proceedings are terminated and all annexation ordinances adopted by a municipality during the calendar year are void; or (2) does not deny the annexation, the annexation proceedings continue. Requires a fiscal plan prepared after June 30, 2019, to address any estimated effects of the annexation on taxing units not included in the annexation. Requires after June 30, 2019, that notice be given of certain annexation proceedings to taxing units and political subdivisions evaluated for purposes of the fiscal plan.
Sponsor: James Buck
A SENATE RESOLUTION urging the legislative council to assign to the appropriate study committee the topic of medical reimbursement under worker's compensation for ambulatory surgical centers.
Sponsor: Philip Boots
A CONCURRENT RESOLUTION urging the Indiana Department of Transportation to rename a portion of State Road 67 the "Trooper Bob Garrison Memorial Highway" in honor of Trooper Robert Jack Garrison.
Sponsor: Melanie Wright
Consumer credit. Repeals provisions specifying indexing of and changes of dollar amounts for purposes of consumer loans. Provides for a credit service charge not to exceed 36%. (Current law provides for variation in amount of a credit service charge based on the amount outstanding.) Increases the minimum credit service charge and consumer loan finance charge from $30 to $50. Increases from at least $300 to at least $1,500 the debt that must be secured for a seller in a consumer credit sale of goods to take a security interest in the goods. With respect to consumer loans: (1) increases from 25% to 36% the amount of a loan finance charge that a lender may charge; (2) increases from 2.083% to 3% the amount in relation to the debt on a revolving loan account over which the loan finance charge is considered to exceed the maximum annual percentage rate; (3) strikes a provision specifying requirements for charging the same loan finance charge on all amounts financed within a range; (4) increases from $50 the maximum amount of a nonrefundable prepaid finance charge to $150 or $250; and (5) increases from two to three the number of nonrefundable prepaid finance charges a lender may assess in a 12 month period. Repeals provisions specific to supervised loans and applies certain supervised loan provisions to consumer loans having a loan finance charge exceeding 25%, including increasing the principal amounts on which the term of an installment payment period depends. Increases the amount that must be financed before a creditor can require property insurance. Makes conforming amendments.
Sponsor: Andy Zay
Advanced practice registered nurses. Allows an advanced practice registered nurse who: (1) had primary responsibility for the treatment and care of a deceased individual for a period longer than six months; and (2) pronounced the time of death for the deceased individual; to enter or sign a record on a death into the Indiana death registration system. Specifies "practitioner" for purposes of a practice agreement with an advanced practice registered nurse. Sets forth requirements that must be met in order for an advanced practice registered nurse to operate without a practice agreement. Requires the Indiana state board of nursing to report to the general assembly before October 1, 2019. Makes a conforming change.
Sponsor: Ronald Bacon
Adoption subsidy payments. Requires, with exceptions, the department of child services (department) to: (1) enter into an agreement with each adoptive parent of a child with special needs who is eligible for an adoption subsidy to provide an adoption subsidy for the child; and (2) allocate to the adoption assistance account funds necessary to make the adoption subsidy payments. Prohibits the department from terminating an adoption subsidy agreement with adoptive parents due to insufficient funds in the adoption assistance account. Provides that the amount of adoption subsidy payments may not be less than an amount equal to 50% of the amount that would be payable by the department for the monthly cost of care of the adopted child in a foster family home at the time the adoption subsidy agreement is made or the subsidy is payable under the terms of the agreement, whichever is greater. Makes conforming changes.
Sponsor: David Niezgodski
A CONCURRENT RESOLUTION urging the Indiana Department of Transportation to rename a portion of State Road 45 the "Sarah Irene Haylett-Jones Memorial Highway" in memory of Deputy Sarah Haylett-Jones of the Monroe County Sheriff's Office.
Sponsor: Robert Heaton
Congratulating Mr. Steve Wallace as a successful song writer and for his many years of service to the city of Anderson and the state of Indiana.
Sponsor: Terri Jo Austin
Congratulating and recognizing Emma Wright as the first state champion of Hobart High School's swimming program in Hobart, Indiana.
Sponsor: Lisa Beck
A CONCURRENT RESOLUTION recognizing Indiana Arts Education Day at the Statehouse.
Sponsor: John Ruckelshaus
A CONCURRENT RESOLUTION to recognize and congratulate Will Cooke, M.D., as the 2019 Family Physician of the Year from the American Academy of Family Physicians for his contributions to Austin, Indiana; Scott County; and all Hoosiers.
Sponsor: Terry Goodin
A CONCURRENT RESOLUTION recognizing the importance of career and technical education during Career and Technical Education Month.
Sponsor: Edward Clere
Veterans cemetery funding. Makes an appropriation from the state general fund to the Indiana department of veterans' affairs to be used for the establishment, operation, and maintenance of a veterans cemetery at Oak Hill Cemetery in Evansville.
Sponsor: James Tomes
Educator salary increase grant. Provides an annual grant to school corporations to provide a 2.5% salary increase to licensed teachers, school counselors, social workers with at least a master's degree, and school psychologists. Appropriates $315,000,000 for the biennium to make grant distributions in both state fiscal years.
Sponsor: Eddie Melton
Raw or unprocessed honey. Exempts raw honey and unprocessed honey from food establishment regulations.
Sponsor: Ronald Grooms
Collective bargaining matters. Provides that increases or increments in a local teacher salary range are not required to be equal for all teachers even if the salary increases or increments are based on the same combination of weighted factors. Provides that teacher working hours are subject to collective bargaining. Provides that an employer is required to discuss: (1) working conditions; and (2) student learning; with the exclusive representative of certificated employees. Removes teacher evaluations from the list of items that are required to be considered to determine teacher salary increases or increments. Makes changes to the term "deficit financing" for purposes of determining the amount of money that is available for teacher contracts. Provides that ILEARN program test scores from the ILEARN program tests taken in the spring of 2019 or 2020 may not be used by a school corporation as part of an annual performance evaluation of a particular certificated employee. Resolves conflict between P.L.213-2018(ss), SECTION 24 and P.L.213-2018(ss), SECTION 25.
Sponsor: Eddie Melton
A SENATE RESOLUTION urging the legislative council to assign to the appropriate study committee the issue of carbon capture through forest preservation and carbon farming in Indiana.
Sponsor: Mark Stoops
Political parties and ballot access. Reduces the minimum number of votes cast at an election required for certain purposes from 2% of the votes cast in the last election for secretary of state to 0.5% of the votes cast at the most recent election for secretary of state. Defines "standard political party" as any of the following political parties: (1) A major political party. (2) A political party whose nominee for secretary of state received at least 0.5% of the total vote cast for secretary of state at the most recent election for secretary of state. (3) A political party that has obtained at least 4,500 signatures of voters in the state, including at least 500 signatures of voters from each congressional district, on a petition of nomination under IC 3-8-6-3. Permits a standard political party to nominate candidates by convention. Makes conforming amendments.
Sponsor: Greg Walker
Choice scholarships. Provides that the department of education shall accept applications for choice scholarship students from November 1 through January 15 for the spring semester of the current school year.
Sponsor: Aaron Freeman
A CONCURRENT RESOLUTION recognizing and honoring school staff, public safety officers, and city and county officials whose leadership and decisive action prevented harm to students and teachers during a Richmond, Indiana, school shooting.
Sponsor: Bradford Barrett
Behavioral health and addiction services. Makes an appropriation to the integrated behavioral health and addiction treatment development program account.
Sponsor: James Merritt
Telemedicine and medical devices. Removes the restriction on the prescribing of ophthalmic devices through telemedicine and sets conditions on when a provider may, through telemedicine, prescribe medical devices. Prohibits the Indiana optometry board from setting standards for the practice of ocular telemedicine or ocular telehealth that are more restrictive than the standards established for in person practice.
Sponsor: Ed Charbonneau
Disposition hearing evidence. Requires a court to: (1) provide that a foster parent or other caretaker with whom a child has been placed for temporary care for at least six months has standing; and (2) allow the foster parent or other caretaker to be heard, present evidence, and make recommendations to the court; at a dispositional hearing.
Sponsor: Erin Houchin
A CONCURRENT RESOLUTION recognizing the Indiana Legislative Youth Advisory Council.
Sponsor: James Merritt
A CONCURRENT RESOLUTION memorializing Judith Ripley.
Sponsor: Ronnie Alting
A CONCURRENT RESOLUTION congratulating the University of Southern Indiana women's softball team on winning the 2018 National Collegiate Athletic Association ("NCAA") Division II championship.
Sponsor: James Tomes
Department of natural resources. Specifies the use of certain motorboat fees. Provides that the administrator of the underground petroleum storage tank excess liability trust fund (ELTF) is required, not more than 30 business days after a claim on the ELTF is submitted, to: (1) approve the claim; (2) notify the claimant that a correction, a clarification, or additional information is needed; or (3) deny the claim. Provides that an employee drug testing plan is not required to be submitted with a bid for a public works contract. Eliminates both the department of natural resources fee and the lake and river enhancement fee. Sets out the registration and renewal fees for motorboats. Eliminates the mussel license. Removes a provision that exempts an activity in a boundary river floodway from having to acquire a construction permit. Extends the quarry and aggregate permits from two to five years. Allows the department of natural resources to construct, rent, lease, license, or operate public service privileges and facilities for recreation in a state forest. Provides that the department of natural resources ensure certain improvements are made to the Ferdinand and Morgan-Monroe state forests. Creates inspection service fees for land classified as native forest land, a forest plantation, or wildland. Makes conforming changes.
Sponsor: Sean Eberhart
Psychotropic medication in foster care. Requires Medicaid restrictions on mental health drugs if: (1) federal financial participation is not available for reimbursement for the prescription; or (2) the child is under the care and supervision of the department of child services (department). Beginning January 1, 2020, requires the department to employ or contract with consultants who are licensed child and adolescent psychiatrists to review and provide written determinations and recommendations for each request to administer psychotropic medication to a child under the care and supervision of the department. Requires the department to: (1) approve a request for consent of a psychotropic medication if the consultant determines the requested psychotropic medication is appropriate and recommends approval of the request; and (2) deny a request for consent of a psychotropic medication if the consultant recommends denial of consent for the psychotropic medication. Sets forth time frames for review of the request for consent concerning psychotropic medication. Requires the department to develop a report to quarterly monitor prescriptions of psychotropic medication for children under the care and supervision of the department and provide the report to the mental health Medicaid quality advisory committee. Requires residential child care entities licensed by the department to: (1) obtain written instructions and consents before providing psychotropic medication to a child; and (2) maintain a record of information regarding the administration of psychotropic medication to a child. Allows for psychotropic medication to be administered without consent of the department in an emergency under specified circumstances and requires consent to be requested within 24 hours of the administration of the initial dose of medication.
Sponsor: Ronald Grooms
Veterans education benefits. Provides that a student who is eligible to receive a tuition and fee exemption because the student is a child of a veteran must maintain at least a cumulative grade point average that the eligible institution determines is satisfactory academic progress, which may not be less than a cumulative grade point average of 2.0 on a 4.0 grading scale or its equivalent as established by the eligible institution. (Current law requires the student to maintain at least a cumulative grade point average that the eligible institution determines is satisfactory academic progress.) Provides that if the Indiana department of veterans' affairs approves a request for a determination of eligibility for a person after the person initially enrolls in a state educational institution (institution) and while the person is attending the institution, the determination of eligibility shall be made retroactive to the date of submission to the United States Department of Veterans Affairs of the application to recognize the person's mother's or father's service related death or disability. Provides that the applicant may receive a refund equal to the amount of the tuition and fees paid to the institution by the applicant. Repeals a provision that limits the tuition exemption amount for a child of a veteran who served in the armed forces after June 30, 2011, based on the percentage of the parent's disability rating. Makes conforming amendments.
Sponsor: Frank Mrvan
Elimination of township advisory boards. Amends various provisions in the Indiana Code concerning township government effective January 1, 2022. Provides that on January 1, 2020, in all counties (except Marion County): (1) township boards are dissolved; (2) the duties and responsibilities of the township board are transferred to the township trustee; (3) the township trustee has the legislative and fiscal powers and duties of the township, in addition to the executive powers and duties; and (4) the property and personnel of the township board are transferred to the township trustee. Beginning with property taxes due and payable in calendar year 2021 in a county not having a consolidated city, the township trustee shall submit the township budget to the county fiscal body for review and approval, if the township's proposed tax rate exceeds the statewide township property tax rate average during the preceding five years by at least 3% for property taxes due and payable that same year. Urges the legislative council to assign to an appropriate interim study committee the task of studying the effect of eliminating township advisory boards.
Sponsor: Cindy Ziemke
A CONCURRENT RESOLUTION recognizing the 2018 Castle High School archery team for an undefeated regular season and winning state, national, and world titles.
Sponsor: Ronald Bacon
Campaign violations. Provides that a political party or other person may not: (1) solicit or receive money or other property as a condition that the person, another person, or a political party support or slate a candidate; (2) pay money or give other property in exchange for the support or slating of a candidate by a person or a political party; or (3) require an individual to refrain from seeking the nomination of a political party for an elected office in a primary election if the political party does not slate the individual as the political party's choice for election to the office. Provides that a civil penalty may be assessed against a political party or other person of not more than three times the value of the money or property solicited, received, paid, or given in violation of the prohibition. Provides that any agreement entered into in violation of the prohibition is void.
Sponsor: John Bartlett
Health care service cost sharing. Requires a state employee health plan, an accident and sickness insurer, and a health maintenance organization to count cost sharing payments made on behalf of a covered individual toward the covered individual's cost sharing amount.
Sponsor: Ronald Bacon
A CONCURRENT RESOLUTION honoring and recognizing Mr. Jerry Harkness for his professional basketball career and contributions to his community and the state of Indiana.
Sponsor: Robin Shackleford
Local government matters. Allows a political subdivision to provide for automatic enrollment of employees hired after June 30, 2019, in the political subdivision's deferred compensation plan, if the employee does not reject enrollment in the plan within a specified time period. Allows political subdivisions (except school corporations) that make a preliminary determination after June 30, 2019, as to whether a project is a controlled project to deduct from the project cost any funds segregated for use in the project that are in the political subdivision's capital improvement plan or other plan. (Current law applies only to political subdivisions other than school corporations in Hamilton County.) Allows a municipality to make deposits to a vendor or service provider to ensure the municipality's performance of a contract for the purchase of: (1) personal property having a cost of more than $150,000; or (2) the services of a performer or performers that a municipality contracts with for performing at an entertainment, cultural, or recreational event or activity. Requires the clerk and fiscal officer of all cities and towns to complete at least: (1) 14 hours of training courses within one year; and (2) 36 hours of training courses within three years. Provides that a training course that an individual completes after being elected or appointed as clerk or fiscal officer of a city or town and before the individual begins serving in office applies toward the training requirements. Requires all city and town clerks and fiscal officers to fulfill the training requirements for each term the clerk or fiscal officer serves in office. Provides, in the case of a city or town that reorganizes, that the individual who performs the functions of clerk or fiscal officer for the reorganizing city or town shall comply with the training requirements for the reorganized political subdivision. Allows the board governing a: (1) municipal water or sewer provider; (2) municipal department of sanitation; or (3) sewage disposal plant service provider; to fix the time within which service charges become delinquent and service may be discontinued due to nonpayment of charges. (Currently these time periods are provided by statute.)
Sponsor: Mara Reardon
Allen County substance abuse pilot program. Removes a requirement that the administrator of the Allen County substance abuse pilot program (pilot program) expend $1 of local funds for every $1 of state funds expended. Provides that the Allen County board of county commissioners and the administrator of the pilot program shall determine what is considered a room and board day for a recovery residency for the pilot program. Provides for a rate of $32.50 per room and board day for a recovery residency. Makes an appropriation.
Sponsor: James Merritt
A SENATE RESOLUTION urging the Legislative Council to assign to an appropriate study committee the task of considering the enactment of the Uniform Regulation of Virtual Currency Businesses Act or other virtual currency regulation in the State of Indiana.
Sponsor: Eric Koch
Health care service cost. Requires health care providers to provide to patients the cost of scheduled health care services.
Sponsor: Matt Hostettler
Safety rest areas. Requires the office of management and budget to: (1) investigate transferring maintenance responsibilities for safety rest areas from the Indiana department of transportation to the office of tourism development; and (2) report its findings to the legislative council before November 1, 2019.
Sponsor: Micheal Aylesworth
Indiana-Michigan boundary line commission. Establishes the Indiana-Michigan boundary line commission (commission). Provides that the commission consists of five members appointed by the governor, all of whom must be registered surveyors and one of whom must be from each of the five counties located on the northern border of Indiana (the "boundary counties"). Requires the commission to administer and oversee a survey and remonumentation of the Indiana-Michigan border. Authorizes the commission to procure professional surveying services through the Indiana department of administration. Requires the commission, upon completion of the survey, to submit the survey to the general assembly for ratification. Requires the commission, after the survey is ratified by the general assembly, to file with the state land office and the county recorder's office of each boundary county: (1) a copy of the survey; (2) a written report outlining substantive facts, evidence, and details relating to the survey; and (3) appropriate references, and coordinates based on any coordinate system published by an agency of the state or federal government, for each mile post, each post originally set at or near the shores of lakes or large rivers, and any witness corners as determined in the survey. Provides that the law establishing the commission expires July 1, 2025.
Sponsor: Blake Doriot
James Whitcomb Riley Home. Authorizes the Indiana state museum and historic sites corporation (corporation) to enter into negotiations with the owner of the James Whitcomb Riley Museum Home (real property) for the conveyance of the real property to the corporation. Provides that, if the corporation and the owner of the real property come to an agreement that is acceptable to both parties, the corporation shall accept a conveyance of the real property in accordance with the terms of the agreement entered into by the corporation and the owner and administer the real property in perpetuity.
Sponsor: James Merritt
A CONCURRENT RESOLUTION urging the Indiana Department of Transportation to honor First Lieutenant Clayton Robert Cullen by naming a portion of State Road 67 the "Lt. Clayton Robert Cullen Memorial Highway".
Sponsor: Eric Bassler
Minimum age to purchase tobacco and e-liquids. With certain exceptions, raises from 18 to 21 years the age at which a person may: (1) sell or buy tobacco products or e-liquids and electronic cigarettes containing nicotine; and (2) enter designated smoking areas of a club or cigar specialty store. Allows a person who is at least 18 years of age on June 30, 2019, to continue to hold a valid tobacco retailer permit until it expires. Allows a person who is: (1) at least 18 years of age on June 30, 2019; or (2) at least 18 years of age and serving in the armed forces or reserves or a veteran discharged or separated from service in the armed forces or reserves under conditions other than dishonorable; to buy tobacco products or e-liquids and electronic cigarettes containing nicotine and enter designated smoking areas of a club or cigar specialty store. Prohibits a person who is less than 18 years of age from buying or possessing e-liquids or electronic cigarettes that do not contain nicotine. Makes changes regarding notices posted at tobacco and electronic cigarette retail establishments and at cigarette vending machines.
Sponsor: Randall Head
Urging the legislative council to assign to an appropriate study committee the topic of financial security in retirement for all Hoosiers.
Sponsor: Heath VanNatter
School curriculum. Requires each school corporation, charter school, and accredited nonpublic elementary school to include cursive writing in its curriculum.
Sponsor: Jean Leising
Redevelopment commission membership. After December 31, 2019, increases by one member, the membership of a municipal or county redevelopment commission (commission). Requires a municipal or county executive to appoint one member to the redevelopment commission who is a school board member. Provides that if there is more than one school corporation within redevelopment commission territory, the member must be: (1) a member of the school board of the school corporation having the largest average daily membership (ADM); or (2) a member of the school board of another school corporation within the commission's territory who is recommended by the school board described in (1). Effective January 1, 2020, eliminates the appointment of and term of office of a nonvoting adviser to the commission. Provides that the executive of the municipality for a municipal redevelopment commission, or the president of the county executive for a county redevelopment commission, serves as an ex officio member of the commission to cast the deciding vote to break a tie.
Sponsor: Anthony Cook
Prior authorization of prescription drugs. Requires a health plan that denies prior authorization for a prescription drug to provide certain information in the notice of denial.
Sponsor: Steven Davisson
A CONCURRENT RESOLUTION urging the Indiana Department of Transportation to name the bridge crossing Doans Creek on Highway 45/58 the "Major Emerson Y. Barker Memorial Bridge".
Sponsor: Eric Bassler
Prekindergarten pilot program eligibility. Amends requirements for eligibility for the prekindergarten pilot program (program) to include an eligible child who resides with: (1) a parent or guardian who is: (A) disabled and unable, as a result of the disability, to work or attend job training or an educational program; or (B) absent, for a limited period of time, from working or attending a job training or an education program as a result of an illness or caring for a family member; or (2) the eligible child's grandparent or great-grandparent. (Current law requires that, to be eligible for the program, an eligible child reside with a parent or guardian who is working, attending job training or an educational program, or actively seeking employment.) Provides that the office of the secretary of family and social services may not implement or continue to implement these new eligibility requirements if implementing or continuing to implement the provisions would result in the state losing federal funds under the federal Child Care and Development Fund (CCDF) grant program. Removes a provision specifying that priority under the program may be given to an eligible child if a parent or guardian of the eligible child is: (1) involved in activities that improve the parent's or guardian's education; or (2) involved in job training.
Sponsor: Eddie Melton
A CONCURRENT RESOLUTION recognizing the Indiana Region of the American Red Cross and the organization's contributions to Hoosier health and safety.
Sponsor: Randall Head
A CONCURRENT RESOLUTION urging the legislative council to study veterans issues.
Sponsor: Chris Garten
A CONCURRENT RESOLUTION congratulating the Barr-Reeve girls volleyball team on winning the Indiana High School Athletic Association Class A State Championship.
Sponsor: Shane Lindauer
Public safety officer death benefits. Increases, from $150,000 to $250,000, the special death benefit for certain public safety officers, members of the 1925 police pension fund, the 1937 firefighters' pension fund, the 1953 police pension fund, and the 1977 police officers' and firefighters' pension and disability fund who die in the line of duty after June 30, 2019.
Sponsor: Chuck Goodrich
A CONCURRENT RESOLUTION to memorialize Dr. Alice Swenson Bennett and her contributions to her community.
Sponsor: Timothy Lanane
Wage assignments for uniform rentals. Provides that a wage assignment by an employee may be made for the rental of uniforms necessary to fulfill the duties of employment.
Sponsor: Jack Jordan
A CONCURRENT RESOLUTION celebrating the 150th anniversary of the Indiana State Museum and Historic Sites Corporation and the Culbertson Mansion in New Albany, Indiana.
Sponsor: Edward Clere
Guardian reimbursement and Medicaid eligibility. Specifies that an amount not to exceed $175 a month in court ordered guardianship fees for an individual who is: (1) in an institution; or (2) applying for or participating in the Medicaid aged and disabled waiver; is exempt from Medicaid income eligibility consideration.
Sponsor: Eric Koch
Volunteer firefighter allowances. Increases the minimum volunteer firefighter clothing and automobile allowance (allowance) that a city, town, or township (unit) is required to pay to active and participating members of a volunteer fire department from $200 to $400 per year. Requires the Indiana department of homeland security (department) to reimburse a unit $200 for each allowance that the unit submits a claim to the department for reimbursement. Provides for joint claim submission and proportional reimbursement of an allowance if a portion of the allowance is paid by more than one unit. Establishes the volunteer firefighter allowance fund as a dedicated fund administered by the department for the purpose of reimbursing units for allowances.
Sponsor: James Tomes
A SENATE RESOLUTION congratulating Keely Jones on her high school golfing career.
Sponsor: J.D. Ford
Psychiatrist student loan forgiveness program. Establishes a psychiatrist student loan forgiveness program to be used to provide student loan forgiveness payments to qualified psychiatrists who are residents of Indiana and practice psychiatric medicine in rural areas in Indiana. Provides that the commission for higher education shall, in coordination with the Indiana professional licensing agency and the medical licensing board of Indiana, administer the program. Establishes the psychiatrist student loan forgiveness program fund.
Sponsor: Jon Ford
Consent to pregnancy services of a minor. Allows a minor who is at least 16 years of age and: (1) pregnant; (2) in labor; or (3) postpartum; to consent to health care concerning the pregnancy, delivery, and pospartum care. Makes technical corrections.
Sponsor: Jean Leising
Water and wastewater infrastructure. Establishes the water infrastructure task force to examine an inventory and assessment of the water resources of the state and study other subjects related to water and wastewater infrastructure. Requires the water infrastructure task force to issue a report setting forth its findings and recommendations not later than December 1, 2019. Requires a water utility to submit a water loss audit report to the utility regulatory commission (commission) every year, beginning with the water loss audit report due before July 1, 2021. Requires the water loss audit report to be submitted in 2021 and the water loss audit reports to be submitted in each subsequent odd-numbered year to be accompanied by an independent, level one validation of the water loss audit report. Requires the commission to adopt rules concerning water loss audits. Requires the commission, after June 30, 2022, and before July 1, 2023, to consider adopting rules to require water utilities to meet certain performance standards for the volume of their water losses. Requires the department of environmental management to establish and maintain a water data collection hub in which all quantitative information concerning the water resources of the state that is gathered by or reported to state agencies will be stored. Requires the environmental rules board to adopt rules concerning the water data collection hub. Urges the governor to create a position or an office within the administrative branch of government to oversee and coordinate the water related programs and activities of the state.
Sponsor: Edmond Soliday
School bus route safety. Provides that the governing body of a public school may not authorize a school bus driver to load or unload a student at a location that requires the student to cross a roadway.
Sponsor: Patrick Bauer
A CONCURRENT RESOLUTION recognizing the 10th anniversary of Indiana's Statewide Cultural District Program.
Sponsor: Eric Koch
A CONCURRENT RESOLUTION honoring the students and teachers of Project Lead the Way.
Sponsor: Dennis Kruse
Health status related requirements. Specifies that a state employee health plan, a policy of accident and sickness insurance, and a health maintenance organization contract must provide for availability, renewability, premium rating, and coverage without regard to health status, including preexisting conditions. Makes conforming amendments. Provides for the legislative services agency to prepare legislation for the 2020 legislative session to make conforming amendments. Repeals current law providing for issuance of certain policies of accident and sickness insurance under which coverage for preexisting conditions is waived.
Sponsor: Timothy Lanane
State forest commission and management plan. Establishes a state forest commission. Specifies the membership of the commission. Requires the commission to meet in 2019, 2020, and 2021 and to issue a written report establishing a plan for the management of the state forests for the 100 year period beginning in 2022. Provides that the commission's plan must contain certain recommendations and must embody certain principles. Requires the state forest commission to set forth in its report the subjects discussed and issues raised concerning which the general assembly may choose to pass legislation. Requires the natural resources commission to adopt rules incorporating the state forest commission's determination about the percentage of state forest land falling within each of the three "priority use" categories. Requires the natural resources commission, every seven years, to conduct a review of the implementation of the state forest commission's plan and to adopt rules to revise the plan, as appropriate.
Sponsor: John Ruckelshaus
Celebrating Black History Month.
Sponsor: Vernon Smith
Local air pollution control agency contracts. Authorizes a county, city, or town to establish or designate an agency to act for the county, city, or town as a local air pollution control agency (agency). Requires the commissioner of the department of environmental management (department) to enter into a contract with the agency of a county, city, or town if the agency is willing to enter into the contract. Provides that a contract between the department and the agency of a county, city, or town must: (1) require the department to advise, cooperate with, and provide technical assistance to the agency; (2) authorize the agency to undertake air pollution control activities on behalf of the department or in enforcement of ordinances of the county, city, or town; and (3) provide for the payment of fair monetary compensation for the air pollution control activities performed by the agency. Provides that: (1) the compensation paid to an agency must be at least sufficient to cover the agency's staffing and operating costs; and (2) the rate of compensation must be adjusted each year according to changes in the Consumer Price Index.
Sponsor: Lonnie Randolph
Student mental health and safety. Adds providing grants for integrated, school based mental health services for students to the purposes of the Indiana safe schools fund and Indiana secured school fund. Adds the school mental health specialist or the mental health provider for each school corporation to the membership of the county school safety commission. Expands the membership of the secured school safety board to include the director of the division of mental health and addiction or the director's designee. Provides that a school corporation or charter school may use an advance from the school corporation and charter school safety advance program to implement integrated, school based mental health services for students.
Sponsor: Randall Head
Grandparent and great-grandparent visitation. Allows great-grandparents to seek visitation rights with their great-grandchildren in certain circumstances. Allows a grandparent or great-grandparent to seek visitation if the grandparent or great-grandparent has had meaningful contact with the child but, as a result of an estrangement between the parent of the child and the grandparent or great-grandparent, the parent of the child terminated the child's visits with the grandparent or great-grandparent. Establishes factors for the court to consider in determining whether granting a grandparent or great-grandparent visitation rights is in the best interests of the child. Provides that a court may order a party to an action for grandparent or great-grandparent visitation to pay a reasonable amount for the cost to the other party of maintaining or defending the action, including costs for attorney's fees and mediation. Specifies that certain agencies are not required to pay costs. Makes conforming changes.
Sponsor: Lonnie Randolph
Hunting and trapping of bobcats. Establishes a bobcat hunting and trapping season in an eligible county. Requires the director of the department of natural resources (director) to establish and implement a program under which a bobcat may be taken in an eligible county. Establishes the requirements of the program, including the director's authority not to open a bobcat hunting and trapping season in an eligible county.
Sponsor: Shane Lindauer
Innkeeper's and food and beverage tax data. Requires the department of state revenue (DOR) to provide a food and beverage tax summary monthly to county auditors, county treasurers, political subdivision fiscal officers, and commissions and boards administering a food and beverage tax. Requires the DOR to include a list identifying the name and retail address of each business that has remitted innkeeper's or food and beverage taxes to county auditors, treasurers, political subdivision fiscal officers, and commissions and boards administering an innkeeper's or food and beverage tax. Provides an exception to the confidentiality of tax information for the disclosure of the names and retail addresses of these businesses.
Sponsor: Thomas Saunders
Veterinary nurses. Changes the title for persons registered as veterinary technicians to veterinary nurses. Provides that the professional licensing agency is not required to issue certificates of registration that use the term "veterinary nurse" until the next license renewal period. Makes conforming changes.
Sponsor: Jean Leising
Criminal law matters. Provides that the crime of escape does not include the intentional removal of an electronic monitoring device or GPS tracking device. Reduces the penalty for maintaining a common nuisance from a Level 6 felony to a Class A misdemeanor. Provides that to use a prior unrelated conviction in determining a sentence enhancement for a habitual offender or a repeat sex offender, there may not be more than seven years from the time the person was released from imprisonment, probation, or parole for the prior unrelated felony conviction and the time the person committed the current offense. Eliminates the provision that awards one day of good time credit for every four days of time served on pretrial home detention. Eliminates the provision that prohibits a person from being reassigned to a different credit time class while being monitored on pretrial home detention. Specifies that a person placed on home detention while awaiting trial is initially assigned to a credit class based on the most serious offense with which the person is charged.
Sponsor: Lonnie Randolph
Mental health care of released inmates. Provides that the department of correction shall: (1) assist a committed offender with a mental illness in scheduling a visit with a physician or psychiatrist for evaluation not later than 30 days after the offender's expected release date or discharge date, whichever is applicable; and (2) provide an offender with a sufficient supply of the drug or medication being prescribed for the offender by the offender's mental health treatment provider at the time of the offender's release or discharge for use until the offender can be initially evaluated by a physician or psychiatrist after release or discharge.
Sponsor: Thomas Saunders
State park admission for disabled veterans. Provides that a disabled veteran may not be charged a fee for a Golden Hoosier Passport, which entitles the holder, the holder's vehicle, and passengers in the holder's vehicle to unlimited admission to state parks and other department of natural resources properties for which an admission fee is charged.
Sponsor: Lonnie Randolph
Pension cost of living adjustments. Provides for cost of living adjustments for certain members of the: (1) public employees' retirement fund; (2) Indiana state teachers' retirement fund; (3) state police pre-1987 benefit system; and (4) state police 1987 benefit system.
Sponsor: David Niezgodski
Property and casualty insurance claim payment. Prohibits an insurer from denying coverage to an insured who is covered under a property and casualty insurance policy for damage caused by the intentional act of another insured if the original insured is determined to have been unaware of the intentional act.
Sponsor: Lonnie Randolph
Rental of curricular materials. Clarifies provisions concerning the rental of curricular materials to students by a governing body of a school corporation (governing body). Provides the following: (1) For curricular materials that are computer hardware that will be consumed, accessed, or used by a single student during a semester or school year, a governing body may rent curricular materials at an annual rental rate of not more than 50% of the price that the governing body paid for the curricular materials. (2) For curricular materials other than computer hardware that will be consumed, accessed, or used by a single student during a semester or school year, the annual rental rate may not be more than 25% of the price the governing body paid for the curricular materials. (3) For all curricular materials, the governing body may not assess a rental fee for curricular materials that have been paid for through rental fees previously collected. (Current law provides that: (1) the annual rental rate for curricular materials may not exceed 25% of the retail price of the curricular materials; and (2) a governing body may not assess a rental fee of more than 25% of the retail price of curricular materials that have been paid for through rental fees previously collected.) Removes a reference to "state" adopted curricular materials. Repeals and relocates a provision that requires a governing body to rent curricular materials to students enrolled in certain public schools.
Sponsor: Mike Bohacek
Income tax exemption for military pay. Exempts military pay earned by members of an active component of the United States armed forces from the individual income tax. (Current law exempts from the individual income tax the military pay earned by members of the National Guard and reserve components of the United States armed forces while serving on active duty.)
Sponsor: Jon Ford
Child care and development fund eligibility. Provides that beginning October 1, 2019, a child who is otherwise eligible for participation in the federal Child Care and Development Fund voucher program may continue to participate unless the child's family income exceeds the greater of 250% of the federal income poverty level or 85% of the state median income for the same size family.
Sponsor: Lonnie Randolph
ABLE account tax credit. Creates a stand-alone credit for contributions to Indiana ABLE accounts. Provides that a taxpayer is entitled to a credit against adjusted gross income tax equal to the least of: (1) 20% of the amount of the total contributions made by the taxpayer to an account or accounts of an Indiana ABLE 529A savings plan during the taxable year; (2) $1,000; or (3) the amount of the taxpayer's adjusted gross income tax for the taxable year, reduced by the sum of all allowable credits. Provides that a taxpayer is not entitled to a carryback, carryover, or refund of an unused credit. Provides that a taxpayer may not sell, assign, convey, or otherwise transfer the tax credit. Provides that an account owner of an Indiana ABLE 529A savings plan must repay all or a part of the credit in a taxable year in which any nonqualified withdrawal is made. Provides that a rollover of assets or transfer of assets to an Indiana ABLE 529A account is a qualified withdrawal from a college choice 529 education savings plan.
Sponsor: Erin Houchin
School City of East Chicago loan. Transfers, not later than July 1, 2019, to the school disaster loan fund from the state general fund an amount sufficient to pay off the loan that was made to the School City of East Chicago school corporation from the school disaster loan fund.
Sponsor: Lonnie Randolph
Supervised visitation. Provides that if a court grants parenting time rights to a person who has been convicted of: (1) child molesting; or (2) child exploitation; within the previous five years, the court shall order that the parenting time must be supervised.
Sponsor: Frank Mrvan
A CONCURRENT RESOLUTION congratulating Judge Thomas Newman, Jr. upon his retirement from the Madison County Court as the longest-serving jurist in Indiana.
Sponsor: Timothy Lanane
Leasing of companion animals. Amends the statute concerning rental purchase agreements to prohibit agreements involving companion animals.
Sponsor: Ronnie Alting
Choice scholarships. Provides that a choice scholarship school (eligible school) may not discriminate against a staff member based on disability, race, color, gender, gender identity or expression, sexual orientation, national origin, religion, or ancestry. Provides that if the department of education (department) determines that the eligible school discriminates against a staff member of the school, the department shall send a notice to the eligible school indicating that the eligible school will not be considered an eligible school beginning in the school year immediately following the current school year. Provides that the eligible school has 30 days from the date of the notice to demonstrate to the department that the eligible school does not discriminate against staff members. Provides that an eligible school that does not comply within that time will not be considered an eligible school beginning in the school year immediately following the current school year. Provides that an eligible school may not discriminate against a student on the basis of sexual orientation or gender identity or expression.
Sponsor: J.D. Ford
Minimum wage. Increases the state minimum wage from $7.25 an hour to $11.12 an hour. Eliminates the tip credit in determining the minimum wage paid to a tipped employee. Makes a technical correction.
Sponsor: Karen Tallian
Prekindergarten pilot program. Provides that, after June 30, 2019, in addition to the counties currently participating in the prekindergarten pilot program (program), the program includes eligible providers in any county in Indiana. Provides that the total amount of grants the office of the secretary of family and social services (office) awards to eligible children in certain participating counties during a state fiscal year may not be less than the total amount of grants the office awarded to eligible children in that county during the immediately preceding state fiscal year unless the office determines that there is an insufficient number of eligible children or eligible providers in the county to justify the total amount of grants for that county.
Sponsor: J.D. Ford
Infant mortality collaborative. Establishes the infant mortality reduction collaborative (collaborative) to be staffed by the state department of health. Sets forth duties of the collaborative.
Sponsor: Robin Shackleford
Advanced practice registered nurses. Provides that an advanced practice registered nurse with prescriptive authority and who has practiced under a practice agreement with a practitioner for the full time equivalent of one year may practice without a practice agreement if certain conditions are met. Amends the hospital governing board requirements for the manner in which an advanced practice registered nurse who practices in the hospital will interact with other practitioners. Makes conforming changes.
Sponsor: J.D. Ford
Crisis intervention teams. Makes an annual appropriation from the state general fund to the law enforcement training board to carry out the purposes of the technical assistance center for crisis intervention teams.
Sponsor: Michael Crider
Resident tuition rate for eligible individuals. Provides that an individual who meets certain conditions is eligible for the resident tuition rate as determined by the state educational institution. Requires the commission for higher education to prescribe the form of the affidavit an individual must file to be eligible for the resident tuition rate. Provides that an agency or political subdivision is not required to verify that an individual is a United States citizen or qualified alien for the individual to be eligible to pay the resident tuition rate. Repeals a provision that provides that an individual who is not lawfully in the United States is not eligible to pay the resident tuition rate.
Sponsor: J.D. Ford
Voter registration. Provides that an application to obtain or renew a motor vehicle driver's license or permit or an identification card serves as a voter registration application unless the applicant expressly declines on the application to register to vote. Provides that a voter becomes registered to vote when: (1) the county voter registration office determines the voter appears to be eligible to vote at the address on the voter's voter registration application; and (2) the voter receives notice of this determination. Requires a county voter registration office to note that a voter is in inactive status if the notice of voter registration is returned by the United States Postal Service due to an unknown or insufficient address. Eliminates the seven day period during which a voter's voter registration application is considered pending. Removes a requirement for transmission of a paper copy of the voter's application to the county voter registration office.
Sponsor: J.D. Ford
Use of credit information in insurance. Prohibits an insurer's use of credit information in underwriting or rating risks. Repeals obsolete provisions.
Sponsor: Greg Taylor
Concerning the use of daytime running lights or traditional vehicle headlights during daytime driving hours.
Sponsor: Terry Goodin
To recognize Hillsdale United Methodist Church of Kokomo, Indiana on the occasion of its 100th Anniversary.
Sponsor: Michael Karickhoff
A SENATE RESOLUTION memorializing Jacob Nettnay.
Sponsor: Jean Leising
Urging the Indiana Office of Court Services to promote the use and establishment of additional problem-solving courts in the State of Indiana.
Sponsor: Pat Boy
Affordable housing tax benefits. Restores the property tax exemption for certain real property that is acquired for the purpose of erecting, renovating, or improving a single family residential structure that is to be given away or sold: (1) in a charitable manner; (2) by a nonprofit organization; and (3) to low income individuals who will use the land as a family residence. Expands the neighborhood assistance credit to provide the credit for contributions to certain nonprofit entities that develop affordable residential housing for sale to certain low income buyers (program II). Expands the neighborhood assistance credit to provide the credit for contributions to affordable housing organizations (program III). Provides that the aggregate limit of tax credits that may be approved under program II each state fiscal year is $1 million. Provides that the aggregate limit of neighborhood assistance tax credits that may be approved under program III each state fiscal year is $1 million. Specifies conditions for allocations of neighborhood assistance credits to affordable housing organizations under program III.
Sponsor: Jim Pressel
Residency of public safety officers. Provides that a city or town (municipality) may adopt an ordinance requiring a member of the police or fire department (department) to reside within the municipality within a period of time specified in the ordinance, but not sooner than six months after the date the ordinance is adopted or the member is hired by the department.
Sponsor: Ragen Hatcher
Appellate defender and misdemeanor reimbursement. Establishes the office of the state appellate defender and the juvenile defense office to provide direct appeals for indigent individuals. Provides that a case that originates from Lake or Marion County is exempt from receiving services from the office of the state appellate defender. Provides that a juvenile delinquency case that originates from Marion County is exempt from receiving services from the state appellate defender juvenile defense office. Provides that a county may be reimbursed for indigent services provided for misdemeanors in a superior or circuit court.
Sponsor: John Young
Medicaid based statewide health plan. Establishes the Indiana statewide health plan within the Medicaid program. Sets forth requirements of the plan. Requires the office of the secretary of the family and social services administration to apply for any federal waivers required for the plan.
Sponsor: Timothy Lanane
SPEA study of low-carbon and green industries. Requires the Indiana University School of Public and Environmental Affairs (SPEA) to assess the potential for development of low-carbon and green industries in Indiana and the job creation, economic growth, and wealth generation that could result for Indiana communities from the development of these industries. Requires SPEA to report the results of its assessment to the legislative council in an electronic format not later than December 1, 2019.
Sponsor: Timothy Lanane
Bias crimes. Allows an individual who suffers a personal injury or property damage because of a criminal offense or delinquent act to bring a civil action to recover damages, including punitive damages, if the person who committed the criminal offense or delinquent act that caused the injury or property damage selected the individual because of the individual's actual or perceived race, color, creed, disability, national origin, religion, sexual orientation, gender, or gender identity. Establishes a sentencing procedure that requires a court, when sentencing an individual who has committed a crime that is motivated by a bias against another individual's race, color, creed, disability, national origin, religion, sexual orientation, gender, or gender identity, to impose an additional fixed term of imprisonment not to exceed five years, if the offense is a felony, or three years, if the offense is a misdemeanor.
Sponsor: Greg Taylor
Prohibited discrimination in civil rights statutes. Extends certain antidiscrimination and civil rights statutes to prohibit discrimination based on sexual orientation, gender identity, national origin, disability, veteran status, and ancestry.
Sponsor: Timothy Lanane
Regulation of confined feeding operations. Amends the law on confined feeding operations (CFOs), which include any confined feeding of at least 300 cattle, 600 swine or sheep, 30,000 fowl, or 500 horses. Provides for the department of environmental management (IDEM) to issue CFO permits instead of "approvals". Provides that a person that owns a CFO, owns the livestock in a CFO, applies for a permit, permit renewal, or permit modification for a CFO, or is otherwise in direct or responsible charge of a CFO is a "responsible party" with respect to the CFO and must disclose certain information. Provides that a person may not start construction or operation of a CFO without obtaining a permit from IDEM and may not modify a CFO without obtaining a permit modification from IDEM. Provides that the application for a permit or permit modification must be accompanied by: (1) plans and specifications prepared or certified by a professional engineer; (2) certain site-specific information; and (3) a site-specific air pollution control plan. Requires IDEM to: (1) provide public access to a permit application through IDEM's virtual file cabinet; (2) publish a notice requesting public comments on the application; (3) allow interested persons to submit written comments; and (4) hold a public hearing on the permit application upon written request. Requires the commissioner of IDEM (commissioner) to deny an application for a permit or permit modification if the proposed activity would substantially endanger public health or the environment. Authorizes IDEM to revoke a CFO permit if necessary to prevent or abate a substantial endangerment to public health or the environment. Requires the environmental rules board (board) to adopt rules establishing: (1) limits on hydrogen sulfide, volatile organic compounds, and ammonia emissions; and (2) requirements and prohibitions applying to new CFOs, CFOs proposed for expansion, and other existing CFOs. Provides that the rules must prohibit a new or expanded CFO from being located within one mile of a residence unless the owner of the residence consents to a lesser setback or the commissioner determines that the CFO's air pollution control plan will prevent the CFO from exceeding the limits on hydrogen sulfide, volatile organic compounds, and ammonia emissions established by the rules of the board. Makes technical corrections.
Sponsor: Sue Errington
Elimination of net metering phase out. Eliminates provisions under which net metering (an arrangement under which an electric utility's customer who has equipment for the production of electricity and who intermittently supplies electricity from that equipment to the electric utility is credited for the electricity that the customer supplies to the electric utility) would be partially ended by 2032 and completely ended by 2047. Eliminates a limit on the aggregate amount of an electric utility's net metering facility nameplate capacity that can be made available for customers' participation in net metering. Provides instead that the net metering facility nameplate capacity that an electric utility makes available for customers' participation in net metering must be at least 3% of the electric utility's most recent summer peak load. Provides that, of the net metering facility nameplate capacity made available for customers' participation in net metering, 30% must be reserved for participation by residential customers and not more than 5% must be reserved for participation by customers that install net metering facilities that use organic waste biomass.
Sponsor: J.D. Ford
Public employee direct primary care pilot program. Requires the state personnel department to establish and implement a direct primary care pilot program for public employees. Sets forth requirements of the pilot program. Requires the state personnel department to prepare and submit an annual report to the general assembly evaluating the pilot program.
Sponsor: Eric Koch
Health care comparison information and program. Requires the state department of health to establish a health care price data system to make information concerning certain health care services available to the public. Requires a health care provider to inform a covered individual of certain information when making a referral for a recommended health care service. Requires a health plan to make health care price information available to the public and specifies requirements for a health plan designed to create an incentive for a covered individual to compare health care provider prices. Makes conforming amendments.
Sponsor: Eric Koch
Redistricting commission. Establishes a redistricting commission (commission) to create, hold hearings on, take public comment about, and recommend plans to redraw general assembly districts and congressional districts. Requires the legislative services agency (agency) to provide staff and administrative services to the commission. Establishes standards to govern the commission and the agency in the creation of redistricting plans. Provides that the general assembly must meet and enact redistricting plans before October 1 of a redistricting year. Authorizes the general assembly to convene in a session to act on redistricting bills at times other than the times the general assembly is currently authorized to meet. Repeals the current law establishing a redistricting commission for congressional redistricting.
Sponsor: Timothy Lanane
Traumatic brain injury information. Requires a predispositional report in a delinquency proceeding regarding a child who has suffered a traumatic brain injury to include information relating to the traumatic brain injury, including the effect of the traumatic brain injury on the child's behavior and cognitive abilities.
Sponsor: Timothy Lanane
Sales tax district for healthy food programs. Allows the fiscal body of a county (fiscal body) to adopt an ordinance to impose an additional sales tax in an area designated by the fiscal body as a special food desert district (district). Requires a district designated by a fiscal body to be located in a census tract with low median income and low access to the nearest supermarket as determined by the United States Department of Agriculture in its Food Access Research Atlas. Provides that an additional sales tax applies to retail transactions within the district. Provides that the additional sales tax rate must be imposed in an increment of .25% and may not exceed 1%. Specifies that this additional sales tax is imposed, paid, and collected in the same manner as the state sales tax. Establishes the healthy food and community development financing fund (fund) under the administration of the Indiana housing and community development authority (IHCDA). Requires the amounts received from the additional sales tax to be paid monthly by the treasurer of state to the fund. Requires the IHCDA to: (1) establish an account within the fund for each district designated by a county; (2) deposit money received from the treasurer of state from the tax collected in a district in the district's account; and (3) expend money from the account only for projects within the district in which the tax revenue is collected. Authorizes the IHCDA to conduct a healthy food and community development financing program (program), in coordination with each county that has designated a district, to provide financing in the form of grants or loans for eligible projects. Provides that the projects eligible for financing may include: (1) healthy food; (2) affordable housing; and (3) community development; projects. Provides that the fiscal body of the county that designated the district may adopt an ordinance to specify the types of eligible projects that may be financed within the district. Provides that the IHCDA may contract with one or more nonprofit organizations or community development financial institutions to administer the program through a public-private partnership. Provides that an applicant for a grant or a loan from the fund must demonstrate the capacity to implement the project successfully and the ability to repay the loan. Specifies that an applicant that is a grocery store must agree to the following: (1) To accept Supplemental Nutrition Assistance Program benefits. (2) To accept Special Supplemental Nutrition Program for Women, Infants, and Children benefits. (3) To promote the hiring of local residents. Specifies the purposes for which financing for a project may be used. Continuously appropriates money in the fund.
Sponsor: Greg Taylor
Same day registration. Permits a voter to register at the polls by completing a voter registration form and an affirmation that the person has not voted elsewhere in the election and by providing proof of residence.
Sponsor: Timothy Lanane
Safe distance for overtaking bicycles. Requires the driver of a vehicle, when passing a bicycle that is proceeding in the same direction as the vehicle, to maintain a safe distance of at least three feet between the vehicle and the bicycle. (A violation of this requirement is a Class C infraction under IC 9-21-8-49.)
Sponsor: Jack Sandlin
Treatment of Lyme disease. Requires that, if an individual is diagnosed with Lyme disease or a related tick borne disease, state employee health plans, Medicaid, policies of accident and sickness insurance, and health maintenance organization contracts must provide coverage for Lyme disease or a related tick borne disease testing and treatment that is prescribed by a health care provider. Provides that a health care provider may not be subject to discipline solely because the health care provider prescribed, administered, or dispensed a long term antibiotic treatment for the treatment of Lyme disease or a tick borne disease. Requires a health care provider or health care provider's designee who orders a laboratory test for the presence of Lyme disease to provide the patient or the patient's legal representative with certain written information concerning Lyme disease.
Sponsor: Timothy Lanane
Cannabis regulation. Establishes a medical marijuana program (program), and permits caregivers and patients who have received a physician recommendation to possess a certain quantity of marijuana for treatment of certain medical conditions. Establishes a regulatory agency to oversee the program, and creates the regulatory agency advisory committee to review the effectiveness of the program and to consider recommendations from the regulatory agency. Authorizes the regulatory agency to grant research licenses to research facilities with a physical presence in Indiana. Repeals the controlled substance excise tax and the marijuana eradication program. Makes conforming amendments.
Sponsor: Karen Tallian
Expungement of addiction related convictions. Establishes a procedure to permit a person: (1) with an addiction disorder related conviction; and (2) who has completed a high intensity residential treatment program; to have the person's addiction disorder related conviction expunged.
Sponsor: Michael Crider
School concussion recovery protocol. Requires the department of education to develop and disseminate, before July 1, 2020, a protocol for allowing a student who has received a concussion or head injury to return to classroom work. Requires: (1) a public school, including a charter school; and (2) an accredited nonpublic school; to comply with the protocol in determining the conditions under which a student who has received a concussion or head injury may return to classroom work.
Sponsor: Timothy Lanane
Open carry of rifles. Defines "prohibited weapon" as a semiautomatic, centerfire rifle with an internal magazine or the capability to accept a detachable magazine and at least one of the following characteristics: (1) A pistol grip that protrudes beneath the action of the weapon. (2) A thumb hole stock. (3) A folding or telescoping stock. (4) A mount or lug capable of accepting or affixing a bayonet, flare launcher, or grenade launcher. (5) A flash suppressor. (6) A forward pistol grip. Defines "openly carries" as the carrying of a firearm in a manner that displays or presents any part of a firearm to the plain view of passersby from more than one angle. Provides that a person who: (1) knowingly; or (2) intentionally; openly carries a prohibited weapon in a public place commits carrying a prohibited firearm, a Class A misdemeanor. Specifies certain exceptions. Defines certain terms.
Sponsor: Greg Taylor
Elements of rape. Provides that a person who knowingly or intentionally has sexual intercourse with another person or knowingly or intentionally causes another person to perform or submit to other sexual conduct when the person knows or reasonably should have known that the other person believed that the person is the other person's spouse or significant other, commits rape. Makes conforming amendments.
Sponsor: Donna Schaibley
Disabled veterans benefits. Provides for an annual pass for nonresident disabled veterans to enter state parks at the same rate as residents of Indiana. Provides for a reduction of any fees charged for facilities, lodging, and recreational activities held or managed by the department of natural resources (department). Allows a nonresident disabled veteran to obtain a hunting and fishing license at an in-state resident rate. Allows the department to establish a deer hunting season for disabled veterans. Allows a nonresident disabled veteran to attend a state educational institution at an in-state tuition rate.
Sponsor: Bruce Borders
Vehicle clearance when overtaking a bicycle. Provides that it is a Class C infraction for the operator of a vehicle overtaking a bicycle to: (1) fail to allow at least three feet of clearance between the vehicle and the bicycle; or (2) return to the original lane before the vehicle is safely clear of the bicycle. Provides that the operator of a vehicle may pass a bicycle in a no passing zone if the operator complies with these requirements and it is otherwise safe to do so. Revises the definition of "bicycle" for purposes of the motor vehicle code.
Sponsor: Robert Heaton
Contraceptives at drug abuse treatment programs. Requires: (1) opioid treatment programs; (2) office based opioid treatment providers; and (3) syringe exchange programs; to have contraceptives immediately available for patients and individuals receiving program services.
Sponsor: Rita Fleming
Medical marijuana. Permits the use of medical marijuana by persons with serious medical conditions as determined by their physician. Establishes a medical marijuana program to permit the cultivation, processing, testing, transportation, and dispensing of medical marijuana by holders of a valid permit. Requires the state department of health (state department) to implement and enforce the medical marijuana program. Requires that permit holders undertake steps to prevent diversion of medical marijuana to unauthorized persons. Requires that medical marijuana and medical marijuana products be properly labeled, placed in child resistant packaging, and tested by an independent testing laboratory before being made available for purchase. Prohibits packaging medical marijuana in a manner that is appealing to children. Authorizes research on medical marijuana in accordance with rules set forth by the state department. Prohibits discrimination against medical marijuana users. Prohibits harassment of medical marijuana users by law enforcement officers, and prohibits cooperation with federal law enforcement officials seeking to enforce federal laws that criminalize the use of marijuana authorized in Indiana. Makes conforming amendments.
Sponsor: Jim Lucas
Study of human trafficking. Urges the legislative council to assign the task of studying human trafficking to an appropriate study committee.
Sponsor: John Bartlett
A CONCURRENT RESOLUTION congratulating the Evansville North High School girls golf team on winning the 2018 Indiana High School Athletic Association ("IHSAA") state championship title.
Sponsor: Vaneta Becker
A CONCURRENT RESOLUTION recognizing January as Human Trafficking Awareness Month.
Sponsor: John Bartlett
Disabled Hoosier veteran parking placard. Provides for a disabled Hoosier veteran parking placard for eligible individuals.
Sponsor: Christopher Judy
Medicaid reimbursement for tubal ligation study. Requires that, before August 1, 2019, the office of the secretary of family and social services (office of the secretary) study Medicaid reimbursement rates for tubal ligation procedures and sets forth requirements for the study. Requires the office of the secretary to present the results of the study to the budget committee before October 1, 2019.
Sponsor: Rita Fleming
A CONCURRENT RESOLUTION honoring the Oak Hill High School Golden Eagles on winning the 2018 Indiana High School Athletic Association ("IHSAA") Class 2A Boys Basketball Championship.
Sponsor: Andy Zay
Child and dependent care tax credit. Provides a child and dependent care refundable tax credit against an individual's Indiana adjusted gross income tax for employment related child and dependent care expenses based on the taxpayer's Indiana adjusted gross income and a percentage of the federal child and dependent care tax credit the taxpayer claimed for the taxable year for federal income tax purposes.
Sponsor: Carey Hamilton
Maternal mortality and health care costs. Adds to the maternal mortality review committee the responsibility of reviewing health care costs related to maternal mortality by reviewing billing statements.
Sponsor: Rita Fleming
Transportation grant administration. Provides that the department of transportation (department) must review applications submitted for the local road and bridge matching grant fund to determine whether the application is complete. Requires the department to provide reasons for denied applications or applications that do not receive the full amount of grant funding.
Sponsor: Eric Koch
Local public questions. Provides that except as otherwise specifically provided by a statute, a local public question may be placed on the ballot only at the following elections: (1) A general election. (2) A municipal general election, but only if the election district for the public question is contained entirely within a municipality. Makes conforming changes.
Sponsor: Curt Nisly
Military income tax exemption. Provides a 100% state income tax deduction for all income for service in an active or reserve component of the armed forces of the United States and for all income from retirement or survivor's benefits.
Sponsor: Christopher Judy
Hate crimes. Makes it an aggravating circumstance (for purposes of imposing a criminal sentence) that the crime was committed with the intent to harm or intimidate an individual or a group of individuals because of certain perceived or actual characteristics of the individual or group of individuals. Requires law enforcement agencies to report hate crimes to the Federal Bureau of Investigation. Requires the law enforcement training board to adopt, not later than January 1, 2020, minimum standards for training of law enforcement officers regarding: (1) identifying hate crimes; (2) responding to hate crimes; and (3) reporting hate crimes.
Sponsor: Anthony Cook
Reporting on worker misclassification. Requires the department of state revenue, the state department of labor, the worker's compensation board of Indiana, and the department of workforce development to report before November 1 of each year for three years, beginning November 1, 2019, to the interim study committee on employment and labor for the immediately preceding state fiscal year: (1) the number of employers that each department or the board determined during the immediately preceding state fiscal year improperly classified at least one worker as an independent contractor; (2) the total number of improperly classified workers employed by those employers; (3) the department's or board's calculation of the revenue not collected or the additional costs to the state that the department or board attributes to the improperly classified workers; and (4) the amount of the penalties and interest assessed against those employers by each department or the board, and the amount of the penalties and interest assessed that has been collected. Excepts residential contractors from the term "employer" for purposes of the reporting requirements.
Sponsor: Michael Karickhoff
Information technology oversight committee. Establishes the information technology oversight committee.
Sponsor: Ryan Lauer
Paid family and medical leave program. Requires the department of workforce development to establish a paid family and medical leave program to provide payments for employees who take family and medical leave. Establishes the family and medical leave fund to be funded with appropriations from the general assembly and payroll contributions. Specifies requirements for administration of the paid family and medical leave program. Provides for the department of workforce development to approve an employer's use of a private plan to meet the program obligations.
Sponsor: Robin Shackleford
Presumption in favor of joint physical custody. Provides that an award of joint legal custody of a child creates a rebuttable presumption in favor of awarding joint physical custody of the child to the individuals who are awarded joint legal custody. Provides that a finding by the court that a history of child abuse or neglect exists with respect to the child is sufficient to rebut the presumption in favor of joint physical custody. Requires a court that: (1) awards joint legal custody of a child; but (2) does not award joint physical custody of the child to the individuals who are awarded joint legal custody; to cite clear and convincing evidence that awarding joint physical custody to the individuals is unreasonable and not in the best interest of the child. Eliminates a requirement that a court consider agreement between the parties in a custody proceeding to share joint legal custody to be a primary, but not determinative, factor in determining whether awarding joint legal custody is in the best interest of a child.
Sponsor: Christopher Judy
Recognizing the Eighth Annual Bill Johnson Black Film Festival.
Sponsor: Vernon Smith
Nonconsensual pornography. Defines "intimate image" and makes it a Class A misdemeanor for a person to distribute or display an intimate image of an individual whom the person knows or reasonably should know does not consent to the distribution or display of the intimate image. Increases the penalty to a Level 6 felony for a second or subsequent offense.
Sponsor: Christy Stutzman
Income tax deductions. Eliminates, for property placed in service by a taxpayer after December 31, 2018: (1) the bonus depreciation add back of the amount that is allowed for federal income tax purposes; and (2) the Section 179 expense add back of the amount that is allowed for federal income tax purposes in excess of $25,000 per year.
Sponsor: Brian Buchanan
Urging the legislative council to assign to the appropriate committee the topic of lowering the state income tax to 3.09 percent.
Sponsor: Christopher Judy
Information or performances harmful to minors. Provides that a college, university, or museum, or its employee acting within the scope of the employee's employment, may raise a defense to a prosecution for the crime of dissemination of matter or conducting a performance harmful to minors. Prohibits any school or public library that qualifies for certain property tax exemptions to raise a defense to a prosecution for the crime of dissemination of matter or conducting a performance harmful to minors. Provides that the victim has a civil cause of action against the person convicted of the crime of dissemination of matter or conducting a performance harmful to minors.
Sponsor: Bruce Borders
Motor vehicle safety. Defines "critical work zone" as an area within a highway work site that is demarcated by signage and in which: (1) the normal lane path is offset, the road surface is significantly disturbed, or machinery is located; and (2) workers are present. Restricts use of an automated traffic enforcement safety device by certain governmental entities to detection or recording of: (1) violations of reduced speed limits in critical work zones; (2) failure by a driver to pay a required toll at a toll collection facility; and (3) failure to comply with school bus stop arm regulations; and provides that the images captured by the automated traffic enforcement safety device are not public records and must be destroyed after a certain amount of time. Provides that certain entities may enforce reduced speed limits in highway worksites without first conducting an engineering study if: (1) workers are present in the immediate vicinity of the highway worksite; and (2) the highway worksite is demarcated by proper signage. Provides that workers need not be present for purposes of certain traffic offenses in highway work zone areas that are not critical work zones. Amends regulations regarding use of a cell phone or other electronic communication device while driving as follows: (1) Expands the list of devices to which the regulations apply. (2) Prohibits: (A) holding or handling an electronic communications device; or (B) viewing, recording, or broadcasting images or video; while operating a motor vehicle. (3) Adds types and uses of devices that are excepted from the regulations. (4) Adds violation of the regulations to the offenses for which a driver may be a habitual violator. Provides that certain governmental entities may enter into agreements with third parties to administer camera enforcement of: (1) reduced speed limits in critical work zones; and (2) school bus stop arm regulations; subject to certain conditions. Provides for a rebuttable presumption that the owner of a vehicle is the person operating the vehicle at the time the vehicle is photographed violating a regulation enforced by camera enforcement. Provides: (1) for civil penalties that may be assessed; and (2) that points may not be assessed under the bureau of motor vehicles' point system; for violations of regulations enforced by camera enforcement. Requires: (1) a penalty collected for a violation of a highway worksite speed limit enforced by camera enforcement to be deposited in the spinal cord and brain injury fund; and (2) 25% of the amount of a civil penalty collected for a violation of a school bus stop arm violation that is enforced by camera enforcement to be deposited in the school operations fund of the school corporation in which the violation occurred and used for funding school bus arm signal device cameras. Provides that a school bus driver: (1) may not pick up or drop off a student at a location that requires the student to cross: (A) a state highway; (B) a county arterial highway; or (C) a municipal arterial street; and (2) must pick up and drop off students as close as is practicable to the right-hand curb or edge of any other type of roadway. Provides that a school bus driver who knowingly or intentionally violates these pick up and drop off provisions commits a Class D infraction. Provides that failure by a school bus driver to conduct a required inspection for students or passengers remaining on a school bus at the end of a trip is a Class D infraction.
Sponsor: Jim Pressel
Urging Congress to provide funding that would expand workforce training in the skills needed to succeed in clean energy industries.
Sponsor: Pat Boy
Fetal cell research. Prohibits after June 30, 2019, the initiation and performance of fetal stem cell research by the state, a state educational institution, or a political subdivision of the state that receives public funds. Makes a conforming amendment.
Sponsor: Elizabeth Brown
1977 fund retirement and surviving spouse benefits. Increases the basic monthly pension benefit payable to a member of the 1977 police officers' and firefighters' pension and disability fund (1977 fund) who retires after June 30, 2019, with 20 years of service from 50% to 52% of the monthly salary of a first class patrolman or firefighter in the year the member ended active service. Increases from 60% to 70% of the member's monthly benefit the monthly benefit paid to a surviving spouse of a 1977 fund member who dies after June 30, 2019, other than in the line of duty. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)
Sponsor: Heath VanNatter
Urging the legislative council to assign to the appropriate study committee the topic of requiring school corporations to include in the school's curriculum a study of the Holocaust for students in grades six through eight.
Sponsor: Terry Goodin
Outpatient based opioid treatment providers. Specifies requirements that a health care provider that prescribes for a patient in an office based opioid treatment setting must meet in the treatment of the patient.
Sponsor: James Merritt
Pay data reporting. Requires certain private employers to file a pay data report with the department of labor (department). Creates the employment enforcement and compliance fund, to be used by the department to identify and combat pay discrimination.
Sponsor: Sue Errington
Housing tax credits. Provides an affordable and workforce housing state tax credit against state tax liability to a taxpayer for each taxable year in the state tax credit period of a qualified project in an aggregate amount that does not exceed the product of a percentage between 40% and 100% and the amount of the taxpayer's aggregate federal tax credit for the qualified project. Provides that an eligible applicant must apply to the Indiana housing and community development authority for an award of affordable and workforce housing state tax credits. Provides that a holder of an affordable and workforce housing state tax credit may transfer, sell, or assign all or part of the holder's right to claim the state tax credit for a taxable year.
Sponsor: Jim Pressel
Minimum age for juvenile detention. Provides that a child who is less than 12 years of age may not be held in a juvenile detention facility, unless: (1) the child is 10 years of age or 11 years of age; and (2) the court finds that: (A) there is probable cause to believe the child committed an act that would be murder if committed by an adult; and (B) it is in the best interests of the child or the community that a petition be filed alleging that the child is a delinquent child. Requires a court that orders a child 10 years of age or 11 years of age to be detained in a juvenile facility to make specified written findings and conclusions.
Sponsor: Cherrish Pryor
Urging the United States Forest Service to establish an off-road vehicles (ORVs) trail system.
Sponsor: Michael Karickhoff
Violations of wildlife protection laws. Makes it a Level 6 felony for a person to knowingly or intentionally take a wild bird or wild mammal that is on the endangered species list. Requires a court to notify the director of the division of fish and wildlife of a person's conviction for knowingly or intentionally taking a wild bird or wild mammal that is on the endangered species list. Requires that the division of fish and wildlife: (1) immediately revoke the convicted person's license to hunt or trap in Indiana; and (2) prohibit the convicted person from receiving a license to hunt or trap in Indiana. Makes it a Level 6 felony for a person to illegally take a deer or wild turkey if the person has at least three prior unrelated convictions for illegally taking a deer or wild turkey in the previous seven years. Increases, for a third or subsequent violation, the amount that a person must reimburse the state for unlawfully taking, possessing, or selling a deer or wild turkey. Increases the amount that a person must reimburse the state for unlawfully taking or possessing wildlife (other than a fish, deer, or wild turkey), and provides for increased reimbursement amounts for second and subsequent violations.
Sponsor: Terry Goodin
Encouraging the Division of Mental Health and Addiction to conduct a review of existing inpatient facilities that provide treatment for Substance Use Disorder (SUD) in the State of Indiana and to provide recommendations to the Indiana General Assembly to increase access to SUD treatments across the state.
Sponsor: Pat Boy
Urging the legislative council to assign to the appropriate committee the topic of Fair Tax at the state level.
Sponsor: Christopher Judy
Redistricting commission. Establishes a redistricting commission (commission) to create, hold hearings on, take public comment about, and recommend plans to redraw general assembly districts and congressional districts. Provides for appointment of four commission members by the legislative leadership. Establishes the redistricting commission nominating committee (committee) to receive applications from and evaluate applicants to fill the five remaining positions on the commission. Provides for selection of those five commission members from pools of applicants selected by the committee. Requires the legislative services agency (agency) to provide staff and administrative services to the commission. Establishes standards to govern the commission and the agency in the creation of redistricting plans. Provides that the general assembly must meet and enact redistricting plans before October 1 of a redistricting year. Authorizes the general assembly to convene in a session to act on redistricting bills at times other than the times the general assembly is currently authorized to meet. Repeals the current law establishing a redistricting commission for congressional redistricting.
Sponsor: John Ruckelshaus
Same day voter registration. Permits a voter to register at the polls by completing a voter registration form and an affirmation that the individual has not voted elsewhere in the election and by providing proof of residence.
Sponsor: Ross Deal
Incentives for an inclusive workforce. Requires the Indiana economic development corporation to review and evaluate the terms and conditions of job creation incentives to encourage and ensure an inclusive workforce that offers opportunities for people with different skills and abilities.
Sponsor: Vaneta Becker
Net metering for tax supported power customers. Provides that, notwithstanding the law requiring an electricity supplier to include in its net metering tariff a limit on the aggregate amount of net metering facility nameplate capacity of 1.5% of the electricity supplier's most recent summer peak load, an electricity supplier may, at its own discretion, increase the aggregate amount of net metering facility nameplate capacity beyond the limit of 1.5% of the electricity supplier's most recent summer peak load. Defines "tax supported customer" as an electricity customer whose operations are directly funded with revenue from state or local taxes, such as public schools, public libraries, and units of local government. Provides that a tax supported customer that is participating in an electricity supplier's net metering tariff on July 1, 2019, shall continue to be served under the terms and conditions of the net metering tariff despite the provisions of the law under which the participation of other customers in the electricity supplier's net metering tariff may be ended. Provides that a tax supported customer participating in net metering shall be credited for the electricity supplied back to the electricity supplier at the rate that would apply to the tax supported customer's purchase of electricity if the tax supported customer were not participating in net metering.
Sponsor: Ronald Bacon
Racial profiling and pretextual stops. Prohibits a law enforcement agency or a law enforcement officer from engaging in racial profiling or conducting pretextual stops. Requires a law enforcement agency to adopt a detailed policy that defines the elements of racial profiling and pretextual stops, and requires a law enforcement agency to collect certain data relating to stops made by law enforcement officers. Requires cultural diversity awareness training and training on unlawful racial profiling and pretextual stops for law enforcement officers. Specifies that a law enforcement agency shall transmit to the attorney general information concerning racial profiling complaints, investigations, and any action taken, as well as data collected relating to stops made by the law enforcement agency. Requires the attorney general to: (1) submit an annual report to the legislative council based on the information; (2) submit the data to a third party for statistical analysis; and (3) publish the results of the analysis on the attorney general's Internet web site. Establishes the racial profiling review commission to review complaints of unlawful racial profiling and unlawful pretextual stops. Permits a person to bring a civil action based on unlawful racial profiling and unlawful pretextual stops. Permits a law enforcement agency to use certain federal funds to purchase vehicle cameras and body cameras, and establishes training standards and standards for use. Makes a technical correction.
Sponsor: Cherrish Pryor
Hospital facility certificate of need. Establishes a hospital certificate of need administered by the state department of health. Sets forth requirements of the program and requirements for owners of hospital construction projects.
Sponsor: John Ruckelshaus
Hoosiers with disabilities business enterprise. Adds "Hoosiers with disabilities business enterprise" to the governor's commission on minority and women's business enterprises. Adds "Hoosiers with disabilities business enterprise" to the list of favored business enterprises for public purchasing and public works purposes. Adds "disability owned small business concern" to the definition of "small business". Provides a credit against state tax liability to an eligible employer that employs an Indiana resident with a disability. Makes technical corrections.
Sponsor: John Ruckelshaus
Vehicle Bill. None
Drinking water testing in schools and child care facilities. Requires that the drinking water in every child care center, child care home, child care ministry site, child care program site, child caring institution, and school building be tested before January 1, 2022, for compliance with the national primary drinking water regulations for lead and copper. Provides, however, that the testing requirement is satisfied if the drinking water of the child care facility or school building has already been tested for compliance with the national primary drinking water regulations at least once since 2016. Provides that if a test of the drinking water of a child care facility or school building indicates the presence of lead in the water equal to or greater than the federal lead action level of 15 parts per billion, the person or entity having authority over the child care facility or school building is required to take action to reduce the lead levels in the drinking water to less than 15 parts per billion.
Sponsor: Carolyn Jackson
Grandparent and great-grandparent visitation. Allows great-grandparents to seek visitation rights with their great-grandchildren in certain circumstances. Allows a grandparent or great-grandparent to seek visitation if the grandparent or great-grandparent has had meaningful contact with the child but, as a result of an estrangement between the parent of the child and the grandparent or great-grandparent, the parent of the child has terminated the child's visits with the grandparent or great-grandparent. Establishes factors for the court to consider in determining whether granting a grandparent or great-grandparent visitation rights is in the best interests of the child. Provides that a court may order a party to a proceeding on a petition for grandparent or great-grandparent visitation to pay a reasonable amount of the cost to the other party of maintaining or defending the proceeding, including costs for attorney's fees and mediation. Specifies that certain agencies may not be required to pay costs. Makes conforming changes.
Sponsor: Ronnie Alting
A SENATE RESOLUTION to remember Bill L. Davis.
Sponsor: David Niezgodski
Sexual assault victims. Repeals (from Title 16) and replaces (in Title 35) a chapter relating to victims of sexual assault. Specifies that law enforcement officers, providers, or victim advocates shall order medical forensic examinations to be conducted at a sexual assault treatment center (rather than at a general hospital) when practicable. Specifies that all nonanonymous sexual assault kits be transferred to the Indiana state police crime laboratory or the Marion County crime laboratory, as appropriate, for analysis and entry into the Combined DNA Index System not later than 30 days after law enforcement obtains the sexual assault kit. Provides for the establishment of a sexual assault response team (SART) in a county without a SART, and specifies members of a SART. Defines "sexual assault forensic examiner" (SAFE) and specifies the duties of a SAFE. Requires SARTs to develop a plan for the treatment of sexual assault crime victims, and specifies certain provisions that must be included in the plan. Establishes mandatory sexual violence response training requirements. Makes conforming amendments. Establishes mandatory sexual violence response training requirements.
Sponsor: Sue Errington
Interest on judgments for money. Provides that the payment of interest on judgments for money shall be paid at the following rate if there was no contract between the parties to the suit, or if a rate of interest was not agreed upon in the original contract sued upon: (1) An annual rate of 8%, with respect to the accrual of interest before July 1, 2019, on any part of a judgment that is paid before July 1, 2019. (2) The lesser of: (A) 8%; or (B) the applicable adjusted rate of interest calculated by the department of state revenue for the nonpayment of taxes as of the date of payment of the interest on the judgment; with respect to the accrual of interest after June 30, 2019, on any part of a judgment that is unpaid after June 30, 2019, even if the judgment was rendered before July 1, 2019.
Sponsor: Jon Ford
Operation and registration of all-terrain vehicles. Requires all-terrain vehicles to be registered with the bureau of motor vehicles (bureau). Provides certain exceptions. Provides that the registration fee for an all-terrain vehicle is $30. Specifies how the fee shall be distributed. Prohibits a city or town from adopting an ordinance that exempts an all-terrain vehicle from being registered with the bureau. Provides that a person may operate an all-terrain vehicle in an unincorporated area of a county. Makes conforming amendments.
Sponsor: John Prescott
Vehicle Bill. None
Work sharing unemployment benefit. Establishes a work sharing unemployment insurance program. Requires an employer to submit a work sharing plan for approval by the commissioner of the department of workforce development. Establishes the work sharing benefit as equal to an employee's unemployment benefit reduced by a percentage that is equivalent to the number of hours by which the employee's normal weekly work hours are reduced.
Sponsor: Ryan Hatfield
Tobacco issues. Increases the cigarette tax from $0.995 per pack to $1.995 per pack. Raises the age from 18 years of age to 21 years of age for prohibitions and crimes concerning the sale, purchase, and possession of cigarettes and other tobacco products. Makes a corresponding change to the laws concerning electronic cigarettes, tobacco retailer permits, and admission to establishments where smoking is permitted. Repeals employment protections for individuals who smoke cigarettes or use other tobacco products.
Sponsor: Micheal Aylesworth
Clean energy technology training. Establishes a tax credit for taxpayers that establish clean energy training positions to provide training in technology involving solar, wind energy, or geothermal energy facilities and equipment. Requires the owner or operator of an above ground storage tank (AST) that is designed to contain more than 660 gallons of liquid to report certain information about the AST to the department of environmental management (department) before January 1, 2020. Establishes certain exceptions from this reporting requirement. Requires the environmental rules board to adopt rules concerning the reporting requirement. Requires a person who is responsible for the operation of a public water system that uses surface water as a source of drinking water to develop a surface water quality threat minimization and response plan for the public water system and to submit the report to the department. Requires the environmental rules board to adopt rules concerning surface water quality threat minimization and response plans. Makes a technical correction.
Sponsor: Ross Deal
Fair pay in employment. Provides that: (1) it is an unlawful employment practice to pay wages that discriminate based on sex, race, or national origin for the same or equivalent jobs; and (2) the civil rights commission has jurisdiction for investigation and resolution of complaints of these employment actions.
Sponsor: Jean Breaux
Exempt hospital property. Provides that for hospital property not used for inpatient services to be exempt from property taxation the property must be located in the same county as the hospital's inpatient facility and the hospital must satisfy the charitable purpose requirements.
Sponsor: Philip GiaQuinta
Vehicle Bill. None
Salaries of state enforcement officers. Requires, beginning July 1, 2019, that the salaries of the following be adjusted annually to incorporate any increase in the Consumer Price Index: (1) Police employees of the state police department. (2) Gaming agents and gaming control officers of the Indiana gaming commission. (3) Enforcement officers of the alcohol and tobacco commission. (4) Enforcement officers of the natural resources commission.
Sponsor: Erin Houchin
Transportation finance. Repeals the fuel tax index factors. Fixes the gasoline tax rate at 29 cents per gallon, the gasoline tax rate in effect on July 1, 2018. Fixes the special fuel tax rate at 48 cents per gallon, the special fuel tax rate in effect on July 1, 2018. Increases the percentages for distributions from the motor vehicle highway account to counties, cities, and towns: (1) from 12.13% to 15%, for cities and towns; and (2) from 25.87% to 30%, for counties. Eliminates the inflation adjustment of the supplemental fees to register electric and hybrid vehicles.
Sponsor: Ryan Lauer
Video gaming terminals. Authorizes wagering on video gaming terminals in certain establishments. Requires the gaming commission to issue video gaming licenses based on the population of the county and the type of establishment. Establishes a licensing structure for participants in video gaming. Imposes a video gaming wagering tax of 30% of adjusted gross receipts.
Sponsor: Beau Baird
Decriminalization of marijuana. Decriminalizes possession of two ounces or less of marijuana.
Sponsor: Heath VanNatter
Education savings accounts. Establishes the Indiana education savings account program (program). Provides that a parent of an eligible student or an emancipated eligible student may establish an account in the program. Provides that an eligible student who has an account and attends a qualified school is eligible to receive an annual grant amount that may be used to pay for tuition at an accredited nonpublic school or education related expenses. Provides that the treasurer of state shall administer the program. Provides a deduction from Indiana adjusted gross income for a grant amount that is distributed to a taxpayer's Indiana education savings account and used for a qualified expense, to the extent the distribution is included in the taxpayer's federal adjusted gross income. Provides a tax deduction or tax credit for an individual taxpayer's contributions to an eligible student's program account. Provides a tax credit equal to 50% of a corporate taxpayer's contributions to: (1) an eligible student's program account; and (2) a nonprofit organization that exists primarily for the purpose of making contributions to program accounts.
Sponsor: Ryan Lauer
Transfer of a license plate to another vehicle. Requires the bureau of motor vehicles to permit the transfer of a vehicle registration and license plate to another vehicle acquired or owned by a person prior to the vehicle registration's expiration date upon the payment of certain fees.
Sponsor: David Wolkins
College student voting. Removes the option of a student attending a postsecondary educational institution in Indiana to state the student's residence for purposes of voting as either: (1) the address where the student lives when the student attends the postsecondary educational institution where the student pursues the student's education; or (2) the address where the student lives when the student is not attending the postsecondary educational institution where the student pursues the student's education.
Sponsor: Donald Lehe
Vehicle Bill. None
Telephone solicitations. Allows the consumer protection division (division) of the office of the attorney general to use the consumer protection division telephone solicitation fund (fund) to: (1) administer the statutes concerning: (A) the registration of telephone solicitors; and (B) the regulation of automatic dialing machines; and (2) reimburse county prosecutors for expenses incurred in extraditing violators of these and other state and federal statutes concerning telephone solicitations. (Current law provides that the fund may only be used to administer: (1) the state's "do not call" statute; (2) the federal statute concerning restrictions on the use of telephone equipment; and (3) the state statute concerning misleading or inaccurate caller identification.) Provides that certain civil penalties recovered by the attorney general for violations of the statutes concerning: (1) the registration of telephone solicitors; and (2) the regulation of automatic dialing machines; shall be deposited in the fund. Amends the statute concerning the registration of telephone solicitors to require all sellers attempting to solicit prospects by telephone to register with the division before doing business in Indiana. (Current law only requires registration by sellers who offer one or more items with a total value of more than $100 and less than $50,000.) Increases the level of existing criminal offenses for violations of the state statutes concerning: (1) the registration of telephone solicitors; (2) the regulation of automatic dialing machines; and (3) misleading or inaccurate caller identification.
Sponsor: Ryan Lauer
Occupational licensing. Provides that a board must grant a license for certain occupations or professions that an individual qualifies for or learns by the completion of an apprenticeship program to any applicant who successfully: (1) completes grade 8; (2) completes the apprenticeship program; and (3) passes an examination required by the apprenticeship program with a passing score established by the board. Provides that, if an applicant successfully completes an apprenticeship program that does not require an examination, a board may not require the applicant to take and pass an examination before granting the applicant a license. Provides that the length of an apprenticeship program may not exceed four years. Provides that a board may not suspend or revoke a practitioner's license solely because the practitioner is: (1) delinquent in; or (2) in default on; the payment of the practitioner's student loans or work conditional scholarship.
Sponsor: Heath VanNatter
Vehicle taxes. Provides that the following taxes are due and shall be paid for the current registration year at the time a qualifying vehicle is registered: (1) A county vehicle excise tax. (2) A county wheel tax. (3) A municipal vehicle excise tax. (4) A municipal wheel tax. (5) A vehicle excise tax. Removes a provision that imposes an administrative penalty for not: (1) renewing; or (2) providing full payment for the renewal of; a vehicle registration. Makes conforming amendments.
Sponsor: David Wolkins
Law enforcement continuing education program. Increases the law enforcement continuing education program court fee from $4 to $8.
Sponsor: Heath VanNatter
Vehicle Bill. None
Bringing wine into a restaurant. Allows a patron to carry wine into a restaurant if: (1) the restaurant has a wine retailer's permit and consents; and (2) the wine is only for consumption by the patron or persons seated at the patron's table while eating food prepared at the restaurant and served at the table. Allows the permit holder to charge a corkage fee for serving wine brought in by a patron. Amends the law allowing a patron to remove an unsealed bottle of wine that was purchased at a restaurant with a meal to specify that the meal was prepared at the restaurant. Allows a patron who brings wine into a restaurant to remove more than one unsealed bottle of wine and exempts the restaurant from having to seal the bottles in a secure bag or container.
Sponsor: Terri Jo Austin
Vehicle Bill. None
Addiction service grants. Establishes the opioid and methamphetamine addiction treatment fund (fund) to provide grants to nonprofit organizations that meet certain requirements. Requires the division of mental health and addiction to apply for federal grants for the fund and award grants from the fund. Makes an appropriation to the fund.
Sponsor: Ryan Lauer
Use of revenue by redevelopment commissions. Allows revenue received by a redevelopment commission from a tax increment financing allocation area to be used to improve, repair, and maintain publicly owned buildings, structures, and improvements as necessary to carry out the commission's redevelopment plan.
Sponsor: Philip GiaQuinta
Vehicle Bill. None
Soybean promotion. Removes soybeans from the definition of "agricultural commodity" for purposes of the agricultural products promotion law. Requires the Indiana state department of agriculture to establish an Indiana soybean market development program (program) if the federal soybean promotion law expires or the Indiana Soybean Alliance (Alliance) is no longer subject to the federal soybean promotion law. Provides that the Alliance continues to collect the same fee that was collected under the federal soybean promotion law. Requires that the program contain a refund provision and that the money collected be used for market development, promotion, and research.
Sponsor: Donald Lehe
Vehicle Bill. None
A SENATE RESOLUTION congratulating the Carmel High School Marching Band's third consecutive Bands of America national title.
Sponsor: J.D. Ford
Vehicle Bill. None
Vehicle operation. Provides that a vehicle may not be driven or moved on a highway unless the vehicle is: (1) constructed; (2) covered; or (3) loaded; in a manner that prevents any of the vehicle's refuse or load, other than water, from dripping, sifting, leaking, dropping, blowing, spilling, or otherwise escaping from the vehicle. Requires areas of a vehicle containing aggregate material to be free from holes, cracks, or openings through which any of the vehicle's refuse or load may escape. Specifies that restrictions regarding a vehicle's aggregate material or load apply regardless of the degree to which the vehicle is loaded. Excepts a vehicle containing agricultural commodities from the restrictions concerning a vehicle's refuse or load.
Sponsor: Micheal Aylesworth
Vehicle Bill. None
Industrial hemp pilot program. Requires the department of agriculture (department) to promote the expansion of Indiana's industrial hemp industry to the maximum extent permitted by federal law. Allows the department to establish research pilot programs (programs) and license persons to grow, handle, cultivate, process, or market industrial hemp or industrial hemp products. Establishes the industrial hemp commission to provide oversight and adopt rules with respect to plans, policies, rules, fees, and procedures applicable to the administration of the department's programs. Provides for penalties. Allows the director of the department to discontinue the program if certain changes are made in federal law. Establishes the industrial hemp research pilot program fund. Provides that the industrial hemp regulations of the department and the state seed commissioner are separate. Provides that the state seed commissioner may issue a license to a grower that produces industrial hemp for commercial purposes in collaboration with an industrial hemp research program conducted by a state educational institution. Makes a technical correction. (The introduced version of this bill was prepared by the interim study committee on agriculture and natural resources.)
Sponsor: Donald Lehe
Vehicle Bill. None
Age 65 and over property tax credit. Permits Marion County to adopt an ordinance to establish a geographic territory in which a property owner may qualify for the age 65 and over property tax credit at a higher adjusted gross income than the statutory amount. Permits local income taxes to be used to offset property tax losses by taxing units because of the higher income limit.
Sponsor: Justin Moed
Vehicle Bill. None
County road and bridge funding. Provides that if the county vehicle excise tax and the county wheel tax are in effect in a county, the county fiscal body may without restriction pledge to levy ad valorem property tax revenue for the payment of principal and interest on bonds and notes and for other purposes related to county road and bridge funding, in addition to the levies authorized for a cumulative bridge fund and a major bridge fund.
Sponsor: Dave Heine
Vehicle Bill. None
High school accountability. Provides that the performance of a school's students on the statewide assessment program test may not be used in determining a secondary school's performance for purposes of calculating the school's accountability grade.
Sponsor: Tonya Pfaff
Vehicle Bill. None
Memorializing Erica Lee Frazier Stum.
Sponsor: Sharon Negele
Vehicle Bill. None
Minimum wage. Increases the minimum wage paid to certain employees in Indiana as follows: (1) After August 31, 2019, from $7.25 an hour to $8.20 an hour. (2) After December 31, 2019, from $8.20 an hour to $9.15 an hour. (3) After December 31, 2020, from $9.15 an hour to $10.10 an hour. (4) After December 31, 2021, from $10.10 an hour to $11.05 an hour. (5) After December 31, 2022, from $11.05 an hour to $12 an hour. Provides that after December 31, 2023, and each subsequent December 31, the hourly minimum wage increases at the same percentage as any increase in the Consumer Price Index for the preceding calendar year. Increases the minimum wage that an employer is required to pay a tipped employee and to use in computing the tip credit allowed the employer as follows: (1) After August 31, 2019, from $2.13 an hour to $4 an hour. (2) After December 31, 2019, from $4 an hour to $6 an hour. (3) After December 31, 2020, from $6 an hour to $8 an hour. (4) After December 31, 2021, from $8 an hour to $10 an hour. (5) After December 31, 2022, from $10 an hour to $12 an hour. Makes technical corrections and corresponding changes. Removes outdated language.
Sponsor: Karlee Macer
Vehicle Bill. None
Vehicle Bill. None
A SENATE RESOLUTION congratulating Keely Jones on her high school golfing career.
Sponsor: J.D. Ford
Licensure of naturopathic physicians. Provides for the licensure of practitioners of naturopathic medicine. Specifies certain individuals who are not required to be licensed. Establishes the board of naturopathic medicine (board). Establishes license requirements. Requires licensed naturopathic doctors to obtain continuing education for license renewal. Requires a licensed naturopathic doctor, licensed health care provider, health care facility, state agency, and state or local law enforcement agency to file a complaint with the board if the person, based on personal knowledge or information, reasonably believes that a naturopathic doctor is or may be violating certain standards of practice. Provides that an individual who is not licensed may not use certain descriptions, titles, or initials to indicate or imply that the individual is a licensed naturopathic doctor.
Sponsor: Donald Lehe
Vehicle Bill. None
Medicaid self-directed care. Requires the office of the secretary of family and social services to apply to the United States Department of Health and Human Services for a state plan amendment requesting participation in the community first choice option to provide home and community based attendant services and related supports to Medicaid recipients.
Sponsor: Ethan Manning
Vehicle Bill. None
Vehicle Bill. None
Blocking emergency vehicles at railroad crossings. Prohibits a railroad corporation from permitting any train, railroad car, or engine to obstruct authorized emergency vehicle travel at a railroad-highway grade crossing by stopping for a period in excess of 10 minutes, except in certain instances. Provides that a violation of this provision is a Class C infraction.
Sponsor: Justin Moed
Alcohol and drug diversion fee. Creates a new court fee of $25 in an action in which the defendant is alleged to have committed an alcohol or drug related offense and the prosecution is deferred.
Sponsor: Terri Jo Austin
Payment of taxes with virtual currencies. Allows a person to pay taxes using an approved virtual currency. Makes a correction.
Sponsor: Dan Forestal
Vehicle Bill. None
Industrial recovery tax credit. Provides that a taxpayer is entitled each taxable year beginning after December 31, 2019, to an industrial recovery tax credit against the taxpayer's state tax liability for a qualified investment in a qualified community development entity. Provides that the credit is equal to 25% of the taxpayer's qualified investment in a qualified community development entity made during the taxable year.
Sponsor: Gerald Torr
Vehicle Bill. None
Preexisting conditions and essential benefits. Prohibits preexisting condition exclusions in, and use of a preexisting condition to determine a premium for, individual policies of accident and sickness insurance, small employer group health insurance plans, and health maintenance organization contracts. Specifies benefits that must be included in individual and small group policies of accident and sickness insurance and health maintenance organization contracts. Repeals provisions providing for individual and association group accident and sickness insurance policy waivers of coverage. Repeals provisions providing for preexisting condition exclusions in small employer group health insurance plans. Requires the legislative services agency to draft legislation for introduction in the 2020 session of the general assembly to make conforming changes to the Indiana Code.
Sponsor: Terri Jo Austin
Vehicle Bill. None
Election signs. Provides that the county executive shall require the owner, lessee, manager, or any other individual or entity that controls a nonpublic building used as a polling place to permit a candidate or an individual designated as a candidate's representative to place signs on the property of the nonpublic building on days when voting occurs on the property.
Sponsor: Andy Zay
Licensure of naturopathic physicians. Provides for the licensure of naturopathic physicians. Specifies certain individuals who are not required to be licensed. Establishes the board of naturopathic medicine (board). Establishes license requirements. Requires licensed naturopathic physicians to obtain continuing education for license renewal. Establishes the naturopathic formulary council to establish a formulary for naturopathic physicians. Establishes the childbirth attendance advisory committee to provide recommendation concerning the practice of naturopathic childbirth. Provides that an individual who is not licensed may not use certain descriptions, titles, or initials to indicate or imply that the individual is a licensed naturopathic physician. Establishes criminal penalties for certain violations.
Sponsor: Dennis Zent
Voting hours. Provides that the polls open at 7 a.m. and close at 7 p.m. (Under current law, the polls must open at 6 a.m. and close at 6 p.m.)
Sponsor: Dan Forestal
Next generation Hoosier educators scholarship. Provides that, in awarding a next generation Hoosier educators scholarship, the commission for higher education shall give priority to the following: (1) An eligible applicant who is a member of a household with an annual income of not more than 185% of the federal poverty level. (2) An eligible applicant who intends to teach in the area of science, technology, engineering, or mathematics.
Sponsor: Robert Behning
Ban on conversion therapy. Prohibits a mental health provider from engaging in conversion therapy with a patient less than 18 years of age, and subjects a mental health provider who violates the prohibition to disciplinary action.
Sponsor: Chris Chyung
Legalization of marijuana. Legalizes marijuana. Repeals the controlled substance excise tax. Makes conforming amendments.
Sponsor: Dan Forestal
Disabled veteran renter's deduction. Provides an income tax deduction, in addition to the current renter's deduction, to a disabled veteran who rents a dwelling as a principal place of residence. Provides that the additional deduction is equal to the amount the individual is entitled to deduct under the current renter's deduction multiplied by the individual's service connected disability rating.
Sponsor: Susan Glick
A SENATE RESOLUTION congratulating Morgan Moore on her acceptance to the Simultaneous Membership Program (SMP).
Sponsor: J.D. Ford
Venture capital tax credits. Provides that the venture capital investment tax credit may be applied against any retaliatory premium tax liability imposed on out-of-state insurance companies. (A retaliatory tax is added in determining Indiana insurance premium tax liability when the state in which the insurance company is domiciled imposes higher taxes and fees on an Indiana domiciled insurer for the same business.) Increases the maximum amount of tax credits available under the venture capital investment tax credit for the provision of qualified investment capital to a particular qualified Indiana business to be the lesser of: (1) the total amount of qualified investment capital provided to the qualified business, multiplied by: (A) 40%, in the case of a qualified business that is located within a low income community; or (B) 25%, in the case of any other qualified business (other than a qualified business located in a low income community); or (2) $1,500,000; for calendar years after 2019. Increases the total amount of tax credits that may be approved by the Indiana economic development corporation for qualified investment capital from $12,500,000 to $15,000,000. Provides that, for a taxable year beginning after December 31, 2019, the amount of credit to which a taxpayer is entitled equals the product of: (1) 40%, in the case of a qualified Indiana business that is located within a low income community; or (2) 25%, in the case of any other qualified Indiana business; multiplied by the amount of the qualified investment capital. Incorporates the definition of "low income community" used in the federal new markets tax credit for purposes of determining a low income community in Indiana. Provides that the credit is assignable.
Sponsor: Ben Smaltz
Data base of valuable metal transactions. Creates the valuable metal dealers registry. Requires the state police department to enter into an agreement with a third party to maintain a valuable metal dealers data base.
Sponsor: Ross Deal
Loss insurance. Allows the state board of animal health to purchase insurance to cover the loss and damages related to a prevalent animal disease incident.
Sponsor: Donald Lehe
School choice scholarships. Provides that, if an eligible choice scholarship student leaves an eligible school during the school year and transfers during the same school year to a different eligible school that has a choice scholarship available for that eligible school, the student may use the amount remaining of the choice scholarship awarded to the student for that school year to pay the tuition at the eligible school to which the student has transferred for the remainder of the school year. Provides that the student may not use the remaining amount if the student has previously transferred from one eligible school to another during that same school year. Provides that any remaining amount distributed may not exceed the cost of tuition at the eligible school to which the student transfers.
Sponsor: Aaron Freeman
Right to work. Repeals the chapter prohibiting an employer from requiring: (1) labor organization membership; (2) payment of dues or fees to a labor organization; or (3) payment to a charity or other third party an amount equivalent to fees required by a labor organization; as a condition of employment.
Sponsor: Chris Campbell
Influenza information in child care. Requires a child care provider to annually provide educational information concerning influenza to the parent or legal guardian of each child cared for by the child care provider.
Sponsor: David Abbott
Bias motivated crimes. Makes it an aggravating circumstance (for purposes of imposing a criminal sentence) that the crime was committed with the intent to harm or intimidate an individual because of certain perceived or actual characteristics of the individual. Requires law enforcement agencies to report bias motivated crimes to the Federal Bureau of Investigation.
Sponsor: Susan Glick
Essential health benefits. Prohibits preexisting condition exclusions in individual and small group policies of accident and sickness insurance and health maintenance organization contracts. Specifies benefits that must be included in individual and small group policies of accident and sickness insurance and health maintenance organization contracts. Repeals provisions providing for preexisting condition exclusions in small group policies of accident and sickness insurance. Requires the legislative services agency to draft legislation for introduction in the 2020 session of the general assembly to make conforming changes to the Indiana Code.
Sponsor: Edward DeLaney
Veterans. Provides a 100% state income tax deduction for all military service income received by an individual or the individual's surviving spouse. Establishes the veterans service officer fund (fund) to provide funding for grants to counties for salaries for veterans service officers. Provides that the fund is administered by the Indiana veterans' affairs commission (commission). Provides that the amount of a grant that the commission may award to a county per year is equal to: (1) $42,000; multiplied by (2) the following: (A) 25%, in the case of a county with at least one veteran but not more than 1,500 veterans. (B) 50%, in the case of a county with more than 1,500 veterans but not more than 3,000 veterans. (C) 75%, in the case of a county with more than 3,000 veterans but not more than 4,500 veterans. (D) 100%, in the case of a county with more than 4,500 veterans. Adds the commission as an eligible recipient for appropriations from the build Indiana fund (surplus lottery reserves) only for deposit in the fund.
Sponsor: Ben Smaltz
Study of school regulations. Urges the legislative council to assign to the education study committee the issue of eliminating, reducing, or streamlining education mandates placed on public schools, including charter schools.
Sponsor: Ryan Lauer
Vehicle Bill. None
Ban on sale of loud fireworks. Specifies that a retailer or wholesaler of consumer fireworks may not sell a consumer firework or certain other devices if the firework or device will produce a noise level that exceeds 120 decibels.
Sponsor: Carolyn Jackson
Prohibited use of spotlights. Defines "spotlight" as a projected spot of light used to direct a narrow, intense beam onto a dwelling or livestock. Provides that a person may not knowingly or intentionally shine or cause to be shined a spotlight onto the dwelling or livestock of another. Provides that a person who violates the prohibition added by the bill commits a Class C infraction.
Sponsor: Beau Baird
Agricultural education. Provides that after June 30, 2020, a school corporation, charter high school, or accredited nonpublic high school may not be placed in the highest category or designation of school improvement unless the school corporation, charter high school, or accredited nonpublic high school offers as part of its high school curriculum at least one course in agriculture science. Provides that a student may receive an excused absence from school if the student: (1) participates or exhibits in a 4-H club or FFA event; or (2) is at least 14 years of age and assists a parent with farm work associated with the planting or harvesting of crops.
Sponsor: Donald Lehe
Vehicle Bill. None
Table games at racetrack casinos. Changes the date range to between July 1, 2019, and September 30, 2019, during which a racetrack licensee may submit a plan to the gaming commission for conducting wagering on table games at the racetrack's gambling game facility.
Sponsor: Sean Eberhart
Fire protection territories. Provides that the procedure for adopting an ordinance or resolution to establish a fire protection territory (territory) applies to expanding an existing territory. Provides that an ordinance or resolution establishing or expanding a territory must include an agreement as to the disposition of the territory's property when a participating unit withdraws or the territory is dissolved. Specifies that with regard to an ordinance or resolution to establish or expand a territory, the unit must hold three separate public hearings to hear public comment regarding the proposed territory before adoption of the ordinance or resolution, with the last public hearing held not later than 10 days before the ordinance is adopted.
Sponsor: Peggy Mayfield
EDGE tax credits. Provides that the credit amount for the economic development for a growing economy tax credit may not exceed an amount equal to the total amount of incremental income tax withholdings attributable to employees and the amount of incremental income tax withholdings that would be collected from employees who reside in a different state, if that state has an income tax reciprocal provision under IC 6-3-5-1.
Sponsor: Ben Smaltz
School safety. Specifies that grants from the Indiana secured school fund may be used to provide services designed to support the social, emotional, mental health, and addiction needs of students, including the hiring of social workers, mental health counselors, addiction counselors, and other appropriate personnel.
Sponsor: Steven Davisson
Passenger boat inspection requirements. Allows the owner of a boat that operates upon public water and carries passengers for hire to elect to have the boat inspected by either a dry dock inspection or a dockside inspection with an underwater examination of the exterior portion of the boat that is below the waterline. Requires the owner to pay an additional fee for an underwater examination of the exterior portion of the boat that is below the waterline.
Sponsor: Curt Nisly
Elimination of gun-free zones. Repeals statutes prohibiting the carrying or possession of firearms on: (1) school property; and (2) a school bus. Provides that the state of Indiana may not regulate: (1) firearms, ammunition, and firearm accessories; (2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and (3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories. Provides certain exceptions. Provides that any provision of an ordinance, measure, enactment, rule, or policy enacted by the state pertaining to firearms regulation is void. Provides that a person not otherwise prohibited from carrying or possessing a firearm under federal or state law may carry or possess a firearm, without restriction, on property affiliated with the following state agencies: (1) The Indiana department of natural resources. (2) The Indiana state fair commission. (3) The Indiana department of administration. (4) The Indiana horse racing commission. (5) The Indiana department of workforce development. (6) The Indiana gaming commission. Defines certain terms. Makes conforming amendments.
Sponsor: Jim Lucas
Entertainment complexes. Amends the definition of "entertainment complex" for purposes of alcohol permits.
Sponsor: Philip GiaQuinta
Residency of police officers and firefighters. Allows a member of a police or fire department to reside within a county that is noncontiguous to the county where the police or fire department is located but is not more than 50 miles from the closest boundary of the city, town, or township where the police or fire department is located.
Sponsor: Mark Messmer
Surrender of firearms for domestic violence crimes. Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
Sponsor: Carolyn Jackson
Firearm storage. Requires a retail dealer to conspicuously display certain language regarding the accessibility of firearms by children at the retail dealer's place of business. Provides that a child care provider or custodial parent, legal guardian, or grandparent who knowingly, intentionally, or recklessly fails to secure a firearm against accessibility by a child commits dangerous storage of a firearm, a Class B infraction. Provides that the offense is a Class A misdemeanor if the child care provider or custodial parent, legal guardian, or grandparent has a prior, unrelated conviction for the offense. Provides that the offense is a Level 6 felony if: (1) the offense results in death or serious bodily injury; or (2) the child care provider or custodial parent, legal guardian, or grandparent has two or more prior, unrelated convictions for the offense. Provides certain exceptions. Provides immunity in certain instances. Provides that a person not in a place specifically set aside for the discharge of a firearm who knowingly or intentionally discharges a loaded firearm without legal justification while in a city or town commits a Level 6 felony.
Sponsor: Carolyn Jackson
Equal pay and wage disclosure protection. Provides that it is an unlawful employment practice to: (1) pay wages that discriminate based on sex for substantially similar work; (2) discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages; (3) require as a condition of employment nondisclosure by an employee of the employee's wages; or (4) require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the employee's wage information. Provides that the civil rights commission has jurisdiction for the investigation and resolution of complaints of these employment actions.
Sponsor: Carolyn Jackson
Conservation funding. Establishes the Indiana outdoor stewardship program to: (1) protect land, water, and wildlife resources; (2) acquire land, or an interest in land, for the protection of land, water, and wildlife resources; and (3) maintain Indiana department of natural resources (DNR) owned or managed facilities in good condition. Appropriates to the DNR from the state general fund the total amount of state gross retail and use taxes collected under IC 6-2.5 in each state fiscal year that are attributable to establishments classified under the North American Industry Classification Code 451110 (sporting goods stores). Specifies the permitted uses of the appropriated money. Provides for reductions in the amount of money allotted to the DNR from the appropriated amounts if state gross and retail use tax collections decline. Requires annual reports on the program.
Sponsor: Sue Errington
Child support and restricted driving. Provides that if a court finds that a person is delinquent as a result of an intentional violation of a child support order, the court may restrict the person's driving privileges to going to or returning from lawful employment, parenting time, and medical appointments or treatment, and other purposes permitted by the court. (Current law allows a court to suspend driving privileges.) Provides that if a Title IV-D agency finds that a person is delinquent in paying child support, the obligor's driving privileges shall be restricted to going to or returning from: (1) lawful employment; (2) parenting time; and (3) medical appointments or treatment. Makes conforming amendments.
Sponsor: James Merritt
All terrain vehicle safety. Specifies that an individual who is riding in a side by side off-road vehicle with a roll cage, and is properly fastened into and restrained by a child restraint system, is not required to wear a helmet.
Sponsor: Curt Nisly
A CONCURRENT RESOLUTION recognizing the many contributions of the motorsports industry to the city of Indianapolis and the state of Indiana.
Sponsor: Randall Frye
Animal abuse. Defines "animal abuse offense" and "companion animal", and establishes as a mandatory condition of probation and parole that a person convicted of an animal abuse offense may not possess, harbor, or train a companion animal.
Sponsor: Melanie Wright
Study committee on property taxes. Urges the legislative council to assign to the appropriate study committee the task of studying various property tax issues.
Sponsor: Thomas Saunders
Aviation taxes. Provides that: (1) sales and use tax revenue attributable to the sale of aircraft; and (2) aviation fuel excise tax revenue; shall be deposited in the airport development grant fund.
Sponsor: Holli Sullivan
Veterans. Provides that a veteran who is classified as individually unemployable is entitled to a property tax deduction. Increases the limit of the gross assessed value below which the veteran's property tax deduction is allowable for a veteran who is totally disabled, is at least 62 years of age and has a disability of at least 10%, or is classified as individually unemployable by the department of veterans affairs. Provides that the surviving spouse of an individual who dies while serving in the military or naval forces of the United States is entitled to a property tax deduction. Provides a state income tax deduction for all military service income received by an individual or the individual's surviving spouse. Creates the veterans service officer fund. Allows the department of veterans affairs to award grants for treatment for drug addiction recovery and mental health services. Creates the veterans service officer training fund. Provides for tuition remission at state educational institutions for children of veterans and children of individuals currently serving in or on active duty in the armed forces or their reserves, the Indiana National Guard, and the National Guard.
Sponsor: Ryan Lauer
E-liquids taxes. Imposes a tax on e-liquids that contain nicotine at a rate of $0.10 per fluid milliliter of consumable product. Deposits the revenue from the tax in the state general fund and the addiction services fund.
Sponsor: Sheila Klinker
Certified technology park funding. Changes the recertification period for certified technology parks from three years to four years. Provides that once a certified technology park reaches its cap, an additional amount equal to incremental income taxes shall be captured (not to exceed $500,000 annually or in the case of a certified technology park operated by two or more redevelopment commissions, $500,000 per redevelopment commission). Requires a redevelopment commission that has designated a third party manager or operator of a certified technology park to transfer to the manager or operator the amount owed within 30 days of receiving a distribution.
Sponsor: Dave Heine
Spencer County magistrate. Allows the judge of the Spencer circuit court to appoint a magistrate to serve the Spencer circuit court.
Sponsor: Ryan Hatfield
Redistricting commission. Establishes a redistricting commission (commission) to create, hold hearings on, take public comment about, and recommend plans to redraw general assembly districts and congressional districts. Requires the legislative services agency (agency) to provide staff and administrative services to the commission. Establishes standards to govern the commission and the agency in the creation of redistricting plans. Provides that the general assembly must meet and enact redistricting plans before October 1 of a redistricting year. Authorizes the general assembly to convene in a session to act on redistricting bills at times other than the times the general assembly is currently authorized to meet. Repeals the current law establishing a redistricting commission for congressional redistricting.
Sponsor: Gerald Torr
A SENATE RESOLUTION remembering the life of Pamela A. Gemmer.
Sponsor: Timothy Lanane
Short term health insurance plans. Requires the department of insurance to adopt rules to define a short term health insurance plan as a contract with an expiration date less than 12 months after the original effective date of the contract and renewals for not more than the greater of 36 months or the maximum period permitted under federal law. Amends current provisions exempting short term health insurance from accident and sickness insurance policy requirements to provide for the greater of 36 months or the maximum number of renewals allowed by federal law, and a duration of less than 12 months.
Sponsor: Dale DeVon
Minimum teacher salary. Provides that, for a school year beginning after June 30, 2019, the minimum annual salary for a full-time teacher employed by a school corporation may not be less than $50,000.
Sponsor: Ryan Hatfield
Telephone solicitations. Allows the consumer protection division (division) of the office of the attorney general to use the consumer protection division telephone solicitation fund (fund) to: (1) administer the statutes concerning: (A) the registration of telephone solicitors; and (B) the regulation of automatic dialing machines; and (2) reimburse county prosecutors for expenses incurred in extraditing violators of these and other state and federal statutes concerning telephone solicitations. (Current law provides that the fund may only be used to administer: (1) the state's "do not call" statute; (2) the federal statute concerning restrictions on the use of telephone equipment; and (3) the state statute concerning misleading or inaccurate caller identification.) Provides that certain civil penalties recovered by the attorney general for violations of the statutes concerning: (1) the registration of telephone solicitors; and (2) the regulation of automatic dialing machines; shall be deposited in the fund. Amends the statute concerning the registration of telephone solicitors to require all sellers attempting to solicit prospects by telephone to register with the division before doing business in Indiana. (Current law only requires registration by sellers who offer one or more items with a total value of more than $100 and less than $50,000.) Increases the level of existing criminal offenses for violations of the state statutes concerning: (1) the registration of telephone solicitors; (2) the regulation of automatic dialing machines; and (3) misleading or inaccurate caller identification.
Sponsor: Melanie Wright
Free textbooks. Requires public schools to provide curricular materials to students at no cost. Establishes the curricular materials fund (fund) to provide state reimbursements for costs incurred by public schools to provide curricular materials to students at no cost. Provides that the department of education shall administer the fund. Provides that money in the fund is continually appropriated.
Sponsor: Lisa Beck
Funding human trafficking prevention programs. Makes an appropriation from the state general fund to the victim services division of the Indiana criminal justice institute for the prevention of human trafficking.
Sponsor: Melanie Wright
Adoption of research animals. Requires research facilities that use dogs or cats as research animals in experiments for education, research, science, or testing to offer retired research animals that do not have a substantial medical condition for adoption to animal care facilities or to individuals. Establishes immunity for the: (1) research facility's transfer of a retired research animal to an animal care facility or individual; and (2) adoption of a retired research animal by an individual through the animal care facility. Provides the Indiana state board of animal health with rulemaking authority to implement the adoption of research animals.
Sponsor: Melanie Wright
Tax credit for classroom supplies. Increases the income tax credit for an individual employed as a teacher for amounts expended on classroom supplies from $100 to $500 per taxable year.
Sponsor: Robin Shackleford
Child custody perjury. Makes it child custody perjury, a Level 6 felony, for a person to knowingly make a material and false statement relating to the well-being of a child in connection with a child custody, parenting time, or protection order proceeding if the false statement causes the court to order the child to receive therapy or medical treatment.
Sponsor: Robert Cherry
Expungement. Provides that the court shall order the central repository for criminal history information maintained by the state police department to seal a person's expunged conviction records for a misdemeanor or Class D and Level 6 felony conviction including information related to: (1) an arrest or offense in which no conviction was entered and that was committed as part of the same episode of criminal conduct as the case ordered expunged; and (2) any other references to matters related to the case that was ordered expunged.
Sponsor: Robert Cherry
Integrated school based mental health. Establishes the integrated school based mental health and substance use disorder services grant program (program) to provide grants to school corporations for the development, implementation, and maintenance of integrated school based mental health and substance use disorder services plans. Requires the department of education, in coordination with the division of mental health and addiction, to administer the program. Provides that, beginning after June 30, 2020, a school corporation is eligible for a grant if the school corporation meets the requirements of the program. Establishes the requirements to participate in the program and grant amounts.
Sponsor: Michael Crider
Fire department carcinogen exposure fee. Authorizes the establishment and collection of a carcinogen exposure fee of up to $500 to be collected from the owner, lessee, or occupant of a dwelling or office, or from the owner's, lessee's, or occupant's insurance company, after a fire department established by a county, city, town, or township or a volunteer fire department has fought a fire involving the dwelling or office. Provides that the proceeds of the carcinogen exposure fee must be used for expenditures that help to protect firefighters against the effects of potential or suspected carcinogens and other toxic gases to which they are exposed when fighting fires, such as: (1) the purchase or repair of specialized washing machines to remove potentially carcinogenic or toxic residue from the firefighters' turnout gear after it has been worn while fighting a fire; (2) the purchase of extra sets of turnout gear so that firefighters may wear clean turnout gear while the turnout gear worn while fighting a previous fire is being cleaned; and (3) paying the cost of health screening of firefighters for types of cancer and other health problems that are believed to be more common among firefighters than among the general public due to the exposure of firefighters to carcinogens and other toxic gases from fires. Provides that the carcinogen exposure fee must be established by ordinance of the legislative body of the county, city, town, or township served by the fire department.
Sponsor: Timothy Wesco
A SENATE RESOLUTION honoring the Indianapolis Thunder beep baseball team on an exemplary season and their Beep Baseball World Series championship.
Sponsor: J.D. Ford
Special permits. Allows the Indiana department of transportation and certain local authorities to issue a permit that allows for the transportation of: (1) material; (2) products; or (3) equipment; belonging to an electric cooperative in certain instances.
Sponsor: Robert Cherry
Sales tax exemption for mining safety property. Provides a sales tax exemption for property acquired for the purpose of complying with mining safety statutes or regulations if the person acquiring the property is engaged in: (1) the business of mining; or (2) providing goods or services on a mine safety regulated site to one or more persons engaged in the business of mining.
Sponsor: Holli Sullivan
Court fees. Requires a court to assess a drug abuse, prosecution, interdiction, and correction fee against a person who is convicted of certain legend drug offenses.
Sponsor: Ryan Hatfield
Study committee on patient restraint. Urges the legislative council to assign to an appropriate interim study committee in the 2019 interim the study of the use of restraints in specified health care settings.
Sponsor: Melanie Wright
Eligibility for Medicaid and SNAP. Establishes eligibility and verification requirements that are in addition to any other requirements for the Medicaid program and the federal Supplemental Nutrition Assistance Program (SNAP). Provides that before providing assistance to an individual, who is not presumptively eligible, under the Medicaid program or SNAP, the office of the secretary shall verify eligibility information of the individual. Provides that on at least a quarterly basis, the office of the secretary shall receive and review information concerning individuals enrolled in the Medicaid program and SNAP that indicates a change in circumstances that may affect eligibility. Provides that the division of family resources shall assign certain SNAP participants to workforce programs. Provides that the division shall require an individual to cooperate with the child support enforcement program as a condition of SNAP eligibility.
Sponsor: Dale DeVon
Unlawful proposition of a minor. Provides that the crime of making an unlawful proposition is a Level 6 felony if the person unlawfully propositions another person less than 18 years of age.
Sponsor: Melanie Wright
Regulated drains and environmental concerns. Authorizes a county surveyor to classify a regulated drain as a drain in need of reconstruction if: (1) the functionality of the drain is compromised; and (2) the drain could, at a reasonable cost, be reconstructed to perform the function for which it was designed while also better serving the interests of public health or significantly reducing undesirable environmental effects, or while also providing flood reduction benefits. Authorizes a county surveyor to classify a regulated drain as a drain in need of periodic maintenance if the drain can be made: (1) to perform the function for which it was designed and constructed; (2) to properly drain affected land; and (3) to better serve the interest of public health, produce fewer undesirable environmental effects, or provide flood reduction benefits; through periodically cleaning, spraying, removing obstructions from, and making minor repairs, additions, or alterations to the regulated drain. Provides that the maintenance fund established for a regulated drain or combination of regulated drains may be used to: (1) better serve the interests of public health; (2) reduce undesirable environmental effects; (3) provide flood reduction benefits; (4) improve drainage control; or (5) provide drainage water storage infrastructure or technology associated with water that flows in or into a particular regulated drain or combination of regulated drains. Authorizes a county surveyor, when determining the best method of reconstructing a regulated drain or the best method of drainage for the area to which a petition to establish a new regulated drain relates, to consider cost effective drainage designs that limit undesirable environmental effects, improve public health, or provide flood reduction benefits.
Sponsor: Carey Hamilton
Dwelling unit lead hazards and student testing. Provides that, beginning with children who enroll in school for the school year beginning in 2020, the governing body of a school corporation shall require every child under six years of age who enrolls in a school operated by the school corporation to have a blood lead test. Defines "dwelling unit lead hazard" as: (1) the presence of lead-based paint on a wall of a dwelling unit; (2) the presence of lead-contaminated soil outside a dwelling unit; or (3) the presence of lead in the drinking water system of a dwelling unit. Prohibits renting a dwelling unit to a tenant family that includes a child not more than six years of age if the dwelling unit is subject to a dwelling unit lead hazard. Provides that a landlord who knowingly or intentionally: (1) violates the prohibition; (2) represents to a tenant family that the tenant family may waive the prohibition; (3) misrepresents the age of a member of a tenant family to conceal a violation of the prohibition; or (4) induces a member of a tenant family to misrepresent the age of another member of the tenant family to conceal a violation of the prohibition; commits a Class C misdemeanor.
Sponsor: Sue Errington
Overtime compensation for certain employees. Provides that, after December 31, 2019, certain employees must be paid compensation for employment in certain circumstances at a rate not less than 1.5 times the regular rate at which the employee is employed and, under certain circumstances, not less than two times the regular rate at which the employee is employed. Removes outdated language. Relocates language concerning the tip credit. Makes conforming amendments.
Sponsor: Ryan Hatfield
Syringe exchange program. Requires the state health commissioner to appoint a panel to hold a public hearing to determine whether to operate a syringe exchange program in a county if the Indiana state department of health determines from available data that the county has experienced at least a 20% increase in opioid overdose emergency room visits or in hepatitis C cases.
Sponsor: Rita Fleming
Elimination of textbook fees. Requires public schools to provide curricular materials to students at no cost to a student. Establishes the curricular materials fund (fund) to provide state reimbursements for costs incurred by public schools to provide curricular materials to students at no cost. Provides that the department of education shall administer the fund. Provides that money in the fund is continually appropriated. Makes corresponding changes.
Sponsor: Ryan Hatfield
County jails. Provides that the per diem from the department of correction for the cost of incarcerating a Level 6 felon is $55 per day. Provides that a county must appropriate at least $25 of each $55 per diem to the county sheriff which shall be used by the sheriff only for the purposes of law enforcement or county jail operations. Provides that upon a request from the sheriff, the commissioner may agree to accept custody of a person convicted of a Level 6 felony: (1) if placement in the county jail represents a substantial threat to the safety of others; (2) the inmate committed a new criminal offense while incarcerated in the county jail; or (3) for other good cause shown.
Sponsor: Ryan Lauer
Resident tuition for eligible individuals. Provides that an individual who meets certain conditions is eligible for the resident tuition rate as determined by the state educational institution. Requires such an individual to verify that the individual meets the criteria to receive the resident tuition rate.
Sponsor: Earl Harris
Police officer and firefighter pensions. Increases from $12,000 to $18,000 the lump sum death benefit for a member of the 1925 police pension fund (1925 fund), the 1937 firefighters' pension fund (1937 fund), the 1953 police pension fund (1953 fund), or the 1977 police officers' and firefighters' pension and disability fund (1977 fund). Increases from $150,000 to $225,000 the special death benefit for a member of the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund who dies in the line of duty.
Sponsor: Earl Harris
Modification of utility facilities. Provides that if a person, including a customer of a utility, requests or requires the modification of one or more utility facilities of a utility, the utility: (1) may not refuse to perform the modification if: (A) the local unit in which the modification will occur supports the request; and (B) the utility's access to the facility will not be diminished or hindered as a result of the modification; and (2) may require the person requesting or requiring the modification to pay the cost of the modification. Sets forth certain requirements and conditions that apply to a utility's determination of the cost of the modification of a utility facility. Requires a utility to include information about requests for modifications of utility facilities, including information on the factors the utility uses in determining the cost of modifications: (1) in the utility's filings with the utility regulatory commission (IURC); and (2) on the utility's Internet web site. Requires the utility to make the information available for public inspection in each of the utility's offices or stations that are open to the public. Provides that upon: (1) the IURC's own motion; or (2) the complaint of a utility, a person requesting or requiring the modification of a utility facility, or certain other qualified complainants; the IURC may investigate the amounts assessed by a utility with respect to the modification of a specific utility facility, or by the utility generally for modifications of utility facilities. Authorizes the IURC to: (1) hold hearings and issue orders in connection with such an investigation; and (2) adopt rules that the IURC considers necessary to implement these provisions.
Sponsor: Dale DeVon
Rape kit audit. Requires the superintendent of the Indiana state police (superintendent) to adopt guidelines that establish a reporting form or format that allows: (1) providers of sexual assault examination services (providers) to provide certain information concerning sexual assault examination kits to the superintendent; and (2) crime labs to provide certain information concerning sexual assault examination kit testing to the superintendent. Requires the superintendent to provide a report concerning sexual assault examination kit testing to the interim committee on courts and criminal code each year. Defines certain terms. Makes conforming amendments.
Sponsor: Carolyn Jackson
Property tax assessment appeals. Allows an immediate family member to be a tax representative for a property owner at a property tax assessment board of appeals hearing.
Sponsor: Vernon Smith
Capture of sales tax on water. Permits certain units to establish a water infrastructure area (tax area) to capture sales tax within the tax area to be used for repairing or replacing lead water systems used to provide water service to the public. Requires the fiscal officer of the unit to establish a waterline services repair fund in a unit that has established a tax area. Provides that captured sales tax revenue allocated to an account may be used only to repair or replace lead water systems used to provide water service to the public.
Sponsor: Philip GiaQuinta
Cigarette taxes. Increases the cigarette tax by $2 to $2.995 per pack of regular size cigarettes and a corresponding increase for larger cigarettes. Appropriates for each year of the 2019-2021 biennium $35,000,000 from the tobacco master settlement agreement fund to the tobacco use prevention and cessation trust fund for the state department of health to implement the long range state plan for the prevention and reduction of the usage of tobacco and tobacco products in Indiana.
Sponsor: Cindy Kirchhofer
Tobacco offenses. Raises the penalty from a Class C infraction to a Class B infraction if a person sells cigarettes other than in an unopened package. Raises the penalty from a Class C infraction to a Class B infraction if a person sells or distributes tobacco or an electronic cigarette to a person less than 18 years of age. Requires the alcohol and tobacco commission to revoke a tobacco sales certificate if a certificate holder has three violations of certain tobacco offenses.
Sponsor: Vernon Smith
Additional teacher salary. Provides that a school corporation may provide an increase or increment in a local salary range for a teacher who possesses a master's degree or doctorate degree.
Sponsor: Vernon Smith
Auto dealer franchises. Provides that a manufacturer or distributor of a motor vehicle may not, as a condition of approval for the acquisition of franchise rights, require: (1) the appointment of general management chosen by the manufacturer or distributor; or (2) prior experience with the manufacturer's or distributor's product line. Allows a franchisee to recover certain costs when responding to a complaint filed by a manufacturer. Prohibits a manufacturer from engaging in certain behaviors when responding to a request for compensation by a franchisee. Prohibits a manufacturer or distributor from assessing a charge back against a franchisee until after 45 days have elapsed. Prohibits a manufacturer or distributor from using: (1) a special part; or (2) component parts; for warranty work if doing so will lower the amount of compensation owed to the franchisee by the manufacturer or distributor. Specifies how a franchisee is to be compensated for the performance of work under a warranty obligation. Allows a manufacturer or distributor to require the use of a certified pre-owned vehicle designation in certain instances. Requires a manufacturer or distributor to compensate a franchisee for used motor vehicle inventory that is subject to a recall or stop-sale directive in certain instances. Specifies that a manufacturer or distributor cannot be obligated to provide total compensation to a franchisee in excess of the total average valuation of a used motor vehicle that the manufacturer or distributor is obligated to compensate a franchisee for. Allows manufacturers and distributors to negotiate reimbursement terms. Prohibits a manufacturer or distributor from making access to vehicles, parts, vehicle sales, or service incentives contingent upon the sale of certain contracts, services, or agreements. Prohibits a manufacturer or distributor from making financing contingent upon the sale of certain contracts, services, or agreements. Requires a franchisee to provide a service contact disclosure in certain instances. Provides that a manufacturer or distributor may not be prohibited from: (1) offering an incentive program to a vehicle dealer if the program does not provide vehicle sales or service incentives; (2) requiring a franchisee to sell a used vehicle as a certified pre-owned vehicle or certified used vehicle under a certified pre-owned vehicle or certified used vehicle program established by the manufacturer, manufacturer branch, distributor, or distributor branch; or (3) changing the price of parts during the routine and ordinary course of business. Provides that a manufacturer or distributor may not deny the proposed transfer of any ownership or interest in a new motor vehicle dealership to another person. Provides certain exceptions. Requires a manufacturer or distributor to approve or disapprove a transfer of ownership or interest in a dealership not later than 45 days after the submission of the required documentation to a manufacturer or distributor. Provides that a manufacturer or distributor may not delay a decision concerning a transfer of ownership or interest by engaging in certain behaviors. Provides that a manufacturer or distributor shall be permitted the opportunity to exercise a right of first refusal in the event of a proposed sale or transfer of a dealership. Specifies how a right of first refusal must be exercised. Specifies what a manufacturer or dealer: (1) may; and (2) may not; request from a dealer when determining whether to exercise the right of first refusal. Requires an exercise of the right of first refusal to execute a completed agreement or proposal in its entirety. Prohibits a manufacturer or distributor from requesting or requiring certain things from a dealer during a manufacturer's or distributor's exercise of a right of first refusal. Specifies: (1) manufacturer; (2) distributor; and (3) dealer; responsibilities during the exercise of a right of first refusal. Prohibits a dealer from impairing or eliminating the intellectual property or trademark rights of the manufacturer or distributor. Prohibits a dealer from erecting or maintaining signs that do not conform to the intellectual property usage guidelines of the manufacturer or distributor. Provides that in any proceeding requiring a facility alteration, expansion, or addition, the manufacturer or distributor shall have the burden of proving that the requested facility alteration, expansion, or addition is reasonably necessary. Provides that a manufacturer or distributor may not unfairly discriminate against a franchisee selling a service contract, debt cancellation agreement, maintenance agreement, or similar product not approved, endorsed, sponsored, or offered by the manufacturer, manufacturer branch, distributor, distributor branch, or affiliate. Specifies certain practices that qualify as unfair discrimination. Prohibits a manufacturer or distributor from discriminating against a dealer in favor of other dealers of the same line make. Specifies certain practices that qualify as discrimination in favor of a dealer. Provides that a manufacturer or distributor may not require, coerce, or attempt to coerce a new motor vehicle dealer to not exercise a right under the law or to directly or indirectly take retaliatory action or any other adverse action against a dealer for exercising the dealer's rights under the law. Provides that certain performance and sales based standards are unfair practices. Describes certain adverse actions that may not be taken by a manufacturer or distributor. Allows a franchisee to seek judicial review of certain actions taken by a manufacturer or distributor. Provides that a manufacturer or distributor may not coerce or require a dealer to make an improvement to the dealer's facility at a cost in excess of $300,000 if the purpose of the improvement is to ensure compliance with a franchise or brand image program. Provides that a manufacturer
Sponsor: Robert Morris
Distressed unit appeal board. Makes changes to the composition of the distressed unit appeal board.
Sponsor: Vernon Smith
Punitive damages. Eliminates the requirement that 75% of a punitive damages award in a civil case be deposited into the violent crime victims compensation fund.
Sponsor: Mara Reardon
Waiver of penalties and interest. Provides that the fiscal body of a county may adopt an ordinance to establish a property tax amnesty program and require waiver of interest and penalties added before January 1, 2019, on delinquent taxes and special assessments on real property in the county if: (1) all of the delinquent taxes and special assessments on the real property were first due and payable before January 1, 2019; and (2) before July 1, 2020, the taxpayer has paid all of these delinquent taxes and special assessments and has also paid all of the taxes and special assessments that are first due and payable after December 31, 2018. Requires the waiver of interest and penalties in these circumstances, notwithstanding any payment arrangement entered into by the county treasurer and the taxpayer.
Sponsor: Vernon Smith
Ban on ivory and rhino horn sales. Makes the sale or other transfer of ownership of an article consisting of or containing ivory or rhino horn a Class A misdemeanor. Provides the following exceptions: (1) If the article is at least 100 years old and ivory or rhino horn constitutes less than 20% of the article by volume. (2) If the sale or transfer of ownership of the article is for bona fide educational or scientific purposes or is to a museum or educational institution. (3) If the transfer of ownership of the article is from a decedent or decedent's estate to an heir or devisee. (4) If the article is a musical instrument that was manufactured not later than 1975.
Sponsor: Patrick Bauer
Public trust land and private land owner immunity. Defines "Lake Michigan public trust land" as land adjoining Lake Michigan to which the state of Indiana holds legal title in trust for the recreational use of the public. Provides that a property owner is not civilly liable for any personal injury, death, property damage, or other loss that a person incurs while passing across the property to reach Lake Michigan public trust land. Provides, however, that a property owner is not immune from civil liability for personal injury, death, property damage, or other loss caused by the property owner's intentional misconduct.
Sponsor: Steve Bartels
Animal abuse registry. Defines "animal-related offense" and requires the Indiana criminal justice institute (institute) to establish an electronic animal abuse registry containing information relating to persons convicted of animal-related offenses. Requires the institute to adopt rules to establish a procedure to permit a person erroneously included in the registry to obtain relief.
Sponsor: Mara Reardon
Removal of elected officials. Provides that disorderly behavior, which can be the basis of expulsion from the general assembly, includes sexual misconduct, committing certain sex crimes, and engaging in conduct that is inconsistent with the high ethical standards of the general assembly. Creates the officeholder oversight commission, which may remove certain statewide officeholders from office for engaging in sexual misconduct, committing certain sex crimes, or engaging in conduct inconsistent with the high ethical standards of their office. Provides that a person who, without the consent of the other person, knowingly or intentionally rubs or fondles another person's covered or uncovered genitals, buttocks, pubic area, or female breast, commits lewd touching, a Class A misdemeanor. Enhances the penalty for lewd touching if: (1) it is committed by using or threatening the use of deadly force; (2) it is committed while armed with a deadly weapon; (3) the commission of the offenses is facilitated with a drug or controlled substance; (4) it is committed by an officeholder; or (5) it is committed by an individual who has a previous unrelated conviction for the offense.
Sponsor: Mara Reardon
Surrender of firearms for domestic violence crimes. Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
Sponsor: Vernon Smith
Tax credit for employer provided disability plan. Provides a state income tax credit for employers that establish a group disability income protection plan for their employees.
Sponsor: Martin Carbaugh
Local regulation of fireworks. Changes: (1) the dates on which a county or municipal ordinance may limit the use of fireworks in the county or municipality; and (2) the types of fireworks to which such an ordinance may apply.
Sponsor: Donna Schaibley
Workplace discrimination. Expands the definition of "employer", for purposes of civil rights enforcement, to include any person employing one or more persons within the state. (Current law defines "employer" to include any person employing six or more persons within the state.)
Sponsor: Mara Reardon
Lottery game for veteran programs. Requires the state lottery commission, in collaboration with a vendor contracted for a major procurement, to design or designate a scratch off game to benefit Indiana veterans. Distributes an amount equal to the surplus revenue received from the scratch off game equally to: (1) the Indiana department of veterans' affairs to make grants to provide services to veterans; and (2) county treasurers of counties operating veterans' courts.
Sponsor: Mara Reardon
Income tax credit for firearms safety expenses. 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 credit is equal to the amount of the incurred expenses. Provides that the maximum amount allowed as a credit is $200 for individuals filing single returns or $400 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.
Sponsor: Jim Lucas
Medicaid nonemergency medical transport. Sets forth requirements for brokers of nonemergency medical transportation under the Medicaid fee-for-service program. Establishes the nonemergency medical transportation commission (commission) and sets forth duties of the commission. Requires the office of the secretary of family and social services to prepare before July 31, 2019, a report concerning nonemergency medical transportation Medicaid claims and submit the report to the commission.
Sponsor: Jim Pressel
Child care background checks. Requires certain individuals who may be present on the premises of a child care facility during operating hours to meet requirements for national criminal history background checks. Specifies that results of the required background checks may be used as grounds for denial or revocation of a child care license, registration, or eligibility for a child care and development fund voucher payment. (Current law applies background check requirements to individuals who have direct contact with children.)
Sponsor: Kevin Mahan
Railroad crossings. Requires a railroad corporation to inform the local law enforcement authority of a blocked railroad-highway grade crossing in certain instances.
Sponsor: Carolyn Jackson
Bias crimes. Makes it an aggravating circumstance (for purposes of imposing a criminal sentence) that a crime was committed with bias and with the intent to harm or intimidate: (1) an individual; (2) a group of individuals; (3) the property of an individual; or (4) the property of a group of individuals; because of the individual's or the group's real or perceived characteristic, trait, belief, practice, association, or other attribute the court chooses to consider.
Sponsor: Gregory Steuerwald
Pay equity. Provides that an employer may not discriminate between employees on the basis of sex by paying to employees a rate less than the rate at which the employer pays wages to employees of the opposite sex for substantially similar work on jobs under similar working conditions, unless the payment is made pursuant to: (1) a seniority system that is not affected by pregnancy or by parental, family, or medical leave; (2) a merit system; (3) a system which measures earnings by quantity or quality of production, as long as that system is not being used as a pretext for discrimination; or (4) a bona fide occupational qualification that is not discriminatory, but that is job related and consistent with a business necessity. Defines "business necessity". Prohibits, with certain exceptions, an employer from using an applicant's salary history in the hiring process. Prohibits an employer from discriminating or retaliating against an employee for discussing or disclosing wages.
Sponsor: Sue Errington
Prescription price. Requires a retail pharmacy, before dispensing a prescription, to inform an insured patient of the cost of the drug or device without insurance or an applicable discount, if the cost of the drug or device is less than the copayment cost to the patient using the insurance or an applicable discount.
Sponsor: Beau Baird
Property tax relief. Permits counties, cities, and towns (including Marion County) to establish a neighborhood enhancement property tax relief program (program) to provide an assessed value deduction for longtime owner-occupants of homesteads having an assessed value of less than $125,000 in designated areas. Specifies various conditions for the program. Allows a local unit to include additional requirements for the program. Provides a penalty for wrongly receiving the deduction that is the same as the penalty for wrongly receiving the homestead standard deduction.
Sponsor: Cherrish Pryor
Grant program for hiring ex-offenders. Establishes a grant program to provide grants each taxable year to an employer that hires an individual who has been convicted of a felony. Specifies that the amount of the grant is $3,000 for each qualified individual the employer hires during the taxable year. Provides that the maximum amount of grants allowed per state fiscal year may not exceed $2,500,000. Requires a report on the grant program before August 1, 2022. Provides immunity to employers for hiring ex-offenders. Provides that certain conditions of sentencing and probation may not be construed to prevent a person from employing two or more ex-offenders at the same location.
Sponsor: Peggy Mayfield
Medicaid nursing facility services. Extends the prohibition on the office of Medicaid policy and planning from including certain Medicaid recipients who receive nursing facility services in a Medicaid risk based managed care program or a capitated managed care program through December 31, 2021. Includes Medicaid recipients who participate in certain waivers or reside in an intermediate care facility for individuals with intellectual disabilities setting in the prohibition of being placed into a risk based managed care program or capitated managed care program.
Sponsor: Michael Karickhoff
State agency grant administration. Provides that after June 30, 2019, a state executive branch agency may not apply for or renew a grant from a public or private entity unless the following occurs: (1) The office of state based initiatives (office) analyzes the grant's effect on state and local governments and private sector entities. (2) The office makes a recommendation regarding whether the state agency should pursue the grant opportunity. (3) The governor approves the grant opportunity in writing. Provides that if the grant opportunity obligates the state to expend more than $500,000 the general assembly must make a specific appropriation of funds for the grant in the state budget.
Sponsor: John Ruckelshaus
Local regulation of natural resource development. Provides that a municipal plan commission's inclusion in a comprehensive development plan of an unincorporated area within two miles of the corporate boundaries of the municipality does not authorize the municipal plan commission or a board of zoning appeals to regulate: (1) the sale or removal of merchantable timber; or (2) the extraction of mineral resources; on private property located in the unincorporated area. Provides, for purposes of a local planning and zoning law stating that a plan commission is not authorized to prevent the use and alienation of mineral resources or forests outside of urban areas, that an area in which there are at least 20 residences within a quarter mile square (instead of eight residences within a quarter mile square) is an "urban area." Prohibits a county, city, town, or township from regulating the sale or removal of merchantable timber on private property. Provides that a county, city, town, or township may charge a fee to a person who removes merchantable timber from private property, but provides that the fee may not exceed the fee that the unit charges in connection with a road cut or other access to a highway for purposes of new commercial construction. Provides that a county, city, town, or township may require a person who removes merchantable timber from private property to post a bond, but provides that the amount of the bond may not exceed the amount of the bond that the unit requires in connection with a road cut or other access to a highway for purposes of new commercial construction. Prohibits a county or municipality from regulating the extraction of mineral resources on private property located outside the corporate boundaries of a municipality.
Sponsor: Jeff Ellington
A CONCURRENT RESOLUTION congratulating the officers and crew of the USS Indiana (SSN 789) and future USS Indianapolis (LCS 17).
Sponsor: Thomas Saunders
Regional jails. Provides that bonds and leases entered into under a regional jail agreement and payable from local income tax revenue may not exceed 30 years.
Sponsor: Thomas Saunders
Military family matters. Allows for a student to have legal settlement in a school corporation if the student's parent is transferred to or is pending transfer to a military installation within Indiana while on active duty. Requires a school corporation to accept the application for enrollment and course registration of the student by electronic means. Allows a spouse or child of an active member of the armed forces of the United States who is assigned to duty elsewhere immediately following assignment to duty in Indiana to be eligible for the resident tuition rate.
Sponsor: Steve Bartels
Property tax assessment appeals. Provides that a taxpayer may file an appeal with the Indiana board of tax review (Indiana board) within 45 days after the maximum time elapses if more than 180 days have passed since the taxpayer filed a notice of appeal with the county property tax assessment board of appeals (county board) and the county board has not issued a determination. Provides that a party may initiate a proceeding for judicial review within 45 days after the maximum time elapses for the Indiana board to give notice of its final determination. Provides that a county assessor or county board must make a change in an assessed value, including a determination by the county board of an assessment changed by an assessing official, when the county board acts as the assessor, and give notice of the change.
Sponsor: Philip GiaQuinta
Medical cannabis pilot program. Establishes a five-year medical cannabis pilot program, administered by the state department of health, to permit the use of medical cannabis in Indiana. Imposes a medical cannabis cultivation tax.
Sponsor: Ragen Hatcher
Financial services. Makes the following change to the Uniform Consumer Credit Code (UCCC): (1) Amends the provisions authorizing specified additional charges for consumer credit sales and consumer loans to: (A) permit a seller or a lender, as applicable, to contract for and receive a charge not to exceed $10 for procuring a credit report; and (B) in the case of a revolving loan account, permit a lender to contract for and receive a transaction fee that may not exceed the greater of: (i) 2% of the amount of the transaction; or (ii) $10. (Current law authorizes the lender to charge a transaction fee in the lesser of these two amounts.) (2) Replaces the authorized $5 delinquency charge (subject to indexing by the department of financial institutions) for consumer credit sales and consumer loans with a nonindexed delinquency charge of: (A) $5 if installments are due every 14 days or less; (B) $25 if installments are due every 15 days or more; or (C) $25, in the case of a single installment due at least 30 days after the consumer credit sale or consumer loan is made. (3) Specifies that a creditor may not charge or collect a delinquency charge on a payment that: (A) is paid within 10 days after its scheduled due date; and (B) is otherwise a full payment of the payment due for the applicable installment period; if the only delinquency with respect to a consumer credit sale or a consumer loan is attributable to a delinquency charge assessed on an earlier installment. Amends a provision in the chapter in the Uniform Commercial Code concerning secured transactions to provide that upon a secured party's failure to comply with the chapter in the case of a transaction in which consumer goods serve as collateral, a debtor or secondary obligor at the time of the secured party's failure may recover in an individual action specified amounts. (Current law does not specify that the specified amounts must be recovered in an individual action.)
Sponsor: Andy Zay
Alternatives to animal dissection. Requires that each school corporation, charter school, and accredited nonpublic school shall develop a written student choice policy to permit students to be allowed to use nonanimal alternatives instead of dissecting animals or animal specimens. Requires the commission for higher education to require each approved postsecondary educational institution to develop a written student choice policy to permit students to be allowed to use nonanimal alternatives instead of dissecting animals or animal specimens.
Sponsor: Ragen Hatcher
School safety. Provides that the Indiana safe schools fund may be used to promote school safety through the provision of services designed to support the social, emotional, and mental health needs of students, including the hiring of social workers, mental health counselors, and other appropriate personnel. Specifies that grants from the Indiana secured school fund may be used to provide services designed to support the social, emotional, and mental health needs of students, including the hiring of social workers, mental health counselors, and other appropriate personnel. Provides that a school corporation or other entity to which the education records privacy provisions of the federal Family Educational Rights and Privacy Act apply may disclose or report on the education records of a child, including personally identifiable information contained in the education records, without the consent of the child's parent to appropriate officials in cases of health and safety emergencies as determined by school officials.
Sponsor: Wendy McNamara
Department of environmental management fees. Specifies that the environmental rules board (board) may adopt rules that prescribe fees. Provides that the department of environmental management (IDEM), rather than the board, is to deposit solid waste fees in the waste facility operator trust fund. Provides for IDEM to receive payment of solid waste fees by electronic fund transfer. Requires the board, in changing the amount of a fee, to take into account the cost to IDEM of amendments, modifications, and renewals of a permit, license, or approval. Provides that a fee established by the board for a type or class of permit: (1) may be set at a particular amount in consideration of the type and amount of discharge or emission to which the permit relates; and (2) may not be different in amount for public sector permit holders than for private sector permit holders unless the difference is specifically authorized by law. Requires IDEM, to assist the board in periodically reviewing fees, to: (1) arrange for an independent study of certain IDEM costs; (2) develop information on fees charged for equivalent activities in other states; and (3) develop information on activities, functions, and permits that have been added or eliminated since fees were last changed. Provides that the board may not increase any major confined feeding operation, water, solid waste, hazardous waste, or air permit fee: (1) more than once in five years; or (2) by more than 10%. Makes conforming changes. Requires the board to adopt rules to implement a one-time increase in fees before January 1, 2022. Provides that: (1) the pre-2022 fee increase may not raise the major confined feeding operation, water, solid waste, hazardous waste, and air permit fees by so much that IDEM's annual aggregate fee revenue is reasonably anticipated to rise by more than $3,200,000; but (2) the restriction prohibiting a fee increase of more than 10% does not apply to the one-time, pre-2022 fee increase.
Sponsor: Robert Morris
Biological sexual identity. Provides that student facilities in public school buildings must be designated for use by female students or male students and may be used only by the students of the biological sex for which the facility is designated. Provides that if a school corporation or charter school designates athletic programs as either athletic programs for males or athletic programs for females, a student may participate only in the athletic programs corresponding to the student's biological sex.
Sponsor: Bruce Borders
Children's overnight camps. Defines "overnight camp". Provides that the division of family resources (division) shall license and monitor overnight camps, including ensuring that a national criminal history background check is completed before granting a license to an applicant desiring to conduct an overnight camp or to an employee or volunteer of the applicant who has direct contact with a child participating in a program offered by the applicant. Authorizes the division to charge a fee for a license application and renewal and to adopt rules concerning the licensing and inspection of overnight camps.
Sponsor: Philip GiaQuinta
Representation of the indigent at initial hearing. Provides that an indigent defendant has the right to consult with and be represented by counsel at the initial hearing. Provides that prior to conducting the initial hearing, if the judicial officer determines that a person is indigent, the judicial officer shall provide the person with sufficient time to consult with counsel prior to conducting the initial hearing.
Sponsor: Ragen Hatcher
Bail. Prohibits a court from requiring an arrestee to pay bail as a condition of pretrial release, unless: (1) the court finds by clear and convincing evidence that the arrestee is a flight risk or danger to the community; (2) the arrestee is charged with murder or treason; (3) the arrestee is on pretrial release not related to the incident that is the basis for the present arrest; or (4) the arrestee is on probation, parole, or other community supervision. Requires that the amount of bail be the lowest amount required, based on the defendant's financial circumstances, to assure the arrestee's appearance at trial and to protect the community.
Sponsor: Ragen Hatcher
Property tax exemptions. Repeals the property tax exemption for property owned by a fraternal beneficiary association.
Sponsor: Philip GiaQuinta
Alternative fuel decal fee. Provides an exemption from the annual alternative fuel decal fee for motor vehicles used by a local or rural transit system.
Sponsor: Pat Boy
Home detention and credit time. Eliminates the provision that awards one day of good time credit for every four days of time served on pretrial home detention. Eliminates the provision that prohibits a person from being reassigned to a different credit time class while being monitored on pretrial home detention. Specifies that a person placed on home detention while awaiting trial is initially assigned to a credit class based on the most serious offense with which the person is charged.
Sponsor: Ragen Hatcher
Health care advance directive. Allows an individual to make a health care advance directive that gives instructions or expresses preferences or desires concerning any aspect of the individual's health care or health information and to designate a health care representative to make health care decisions and receive health information for the individual. Consolidates definitions of "life prolonging procedures". Allows a minor's parent, legal custodian, or legal guardian to sign an advance directive on behalf of the minor. Requires the state department of health to prepare a sample advance directive. Provides that the appointment of a representative or attorney in fact to consent to health care that was legally executed before January 1, 2023, is valid as executed. Adds cross references. Makes conforming changes. Makes technical changes.
Sponsor: Cindy Kirchhofer
Decriminalization of marijuana. Decriminalizes possession of 10 grams or less of marijuana and makes it a Class C infraction. Specifies that the civil penalty for possession of 10 grams or less of marijuana must be at least $100 but may not exceed $200, and provides for distribution of the funds. Establishes a defense to dealing in marijuana, hashish, or hash oil if the defendant delivered 10 grams or less with no expectation of consideration.
Sponsor: Ragen Hatcher
Bureau of motor vehicles. Requires a law enforcement agency that receives a notification of a stolen license plate to forward the notification to the bureau of motor vehicles (bureau). Requires the bureau to mark the license plate as stolen and not reissue the license plate. Requires the bureau to include procedures for: (1) approaching and driving through a roundabout; and (2) yielding the right-of-way to certain vehicles; with standards for classroom and in-car driver education curriculum. Requires the bureau to issue a driver's license, permit, identification card, and photo exempt identification card without an address or with a mailing address instead of the principal residence address upon the request of the person making the application.
Sponsor: Peggy Mayfield
Electronic monitoring of government contractors. Establishes requirements for software that records data and hours worked for a contractor that enters into a contract that exceeds $100,000 for professional or technical services with a state agency. Provides that a contractor must store the data for not less than seven years and that the data must be accessible, on request, to the state agency or state board of accounts. Prohibits a contractor from charging a fee to the state agency or the state board of accounts for access to or the use of either of the following: (1) Software used to verify hours worked. (2) A retrieval of data that is collected by the software.
Sponsor: Matthew Lehman
Memorializing Karen Kay Leonard.
Sponsor: Gregory Porter
GPS devices and starter interrupter devices. Prohibits the installation, placement, or attachment of a GPS device or a starter interrupter device in, on, or to a motor vehicle by a lienholder in connection with the potential or actual: (1) enforcement of the lienholder's interest in the motor vehicle; or (2) repossession of the motor vehicle; without the written and signed consent of the owner of the motor vehicle. Provides that a violation of these provisions is a deceptive act for purposes of the deceptive consumer sales act. Establishes as Class A misdemeanors the related criminal offenses of: (1) lienholder vehicular stalking; (2) lienholder vehicular disablement; and (3) unlawful vehicular tracking. Sets forth the elements of these offenses.
Sponsor: Carolyn Jackson
Performing arts center admissions tax. Authorizes counties that: (1) have a population of less than 15,500; and (2) own an indoor performing arts center with a seating capacity of at least 2,000 patrons; to impose a $1 admissions tax upon admissions to the indoor performing arts center. Specifies how the revenue may be used. Permits the county to enter into an operating lease with the convention and visitors commission and a contract with a nonprofit organization to operate the indoor performing arts center.
Sponsor: Chris May
Division of outdoor recreation. Establishes responsibilities for the director of the division of outdoor recreation concerning the following: (1) Coordination of outdoor recreation policy. (2) Promotion of economic development. (3) Recommending to the governor and general assembly policies and initiatives to enhance recreational amenities and experiences in Indiana. (4) Preparation of an annual report on the economic, social, and community impact of the outdoor recreation industry across Indiana. (5) Developing strategies to increase the number of new jobs related to outdoor recreation and to address workforce issues. Creates the outdoor recreation grant program.
Sponsor: Doug Miller
Threats against public buildings. Provides that a person who makes a threat with the intent that another person be placed in fear that the threat will be carried out commits intimidation.
Sponsor: Ragen Hatcher
Expungement. Requires that expunged criminal records be destroyed or permanently deleted, rather than sealed or marked as expunged. Makes conforming amendments.
Sponsor: Ragen Hatcher
Small business development. Requires the Indiana housing and community development authority (authority) to develop and implement a program to award grants of not more than $25,000 to eligible entities to support new small business concerns. Defines "eligible entity" as an organization: (1) that is located in the United States; (2) the primary purpose of which is to support new small business concerns; and (3) that is often classified as an accelerator. Defines "small business concern" to mean a small business that has been in operation for not more than five years. Requires an eligible entity to obtain 50% matching funds from other sources in order to qualify for a grant. Appropriates $1,000,000 to the authority in the 2019-2020 state fiscal year and in the 2020-2021 state fiscal year. Requires the authority to award not less than 50% of the amounts appropriated to: (1) accelerators located in geographically underserved areas; and (2) accelerators for which not less than 50% of the small business concerns served by the accelerator are small business concerns that are: (A) owned and controlled by socially and economically disadvantaged individuals, formerly incarcerated individuals, or individuals with disabilities; (B) women's business enterprises; (C) minority business enterprises; or (D) veteran business enterprises.
Sponsor: Robin Shackleford
Ban on single use plastic items in restaurants. Defines "single use restaurant service article" as a plate, eating utensil, or straw made of plastic, or a glass or cup made of or lined with plastic. Provides that, after June 30, 2020, a person who: (1) owns or operates a restaurant; and (2) knowingly or intentionally provides to a person purchasing food or drink from the restaurant one or more single use restaurant service articles; commits a Class C infraction.
Sponsor: Patrick Bauer
Commemorating Dr. Martin Luther King, Jr. Day.
Sponsor: Vernon Smith
Property tax assessments. Repeals the provision that requires the county surveyor to make a survey of certain land, if an assessor and a landowner fail to agree on the amount of land included in assessments involving rights-of-way, levees, and public drainage ditches. Instead, provides that a survey must be done if an assessor and a landowner fail to agree on the amount of land in those circumstances, and: (1) requires the landowner to provide written notice of the disagreement to the assessor; (2) requires the survey to be completed within six months from the date of the landowner's notice; (3) allows the landowner to elect to choose the surveyor to conduct the survey (if the landowner does not choose a surveyor, the county surveyor is required to conduct the survey); and (4) specifies the party who is required to pay for the survey. Provides that the attorney general, upon written request of a county assessor, may authorize the chief administrative officer of the office of judicial administration to hire private counsel to represent the county assessor: (1) in a judicial review initiated by the county assessor for review of a final determination of the Indiana board of tax review regarding the assessment or exemption of tangible property; and (2) in a judicial review seeking relief from the tax court to establish that the Indiana board of tax review rendered a decision that was: (A) an abuse of discretion; (B) arbitrary and capricious; (C) contrary to substantial or reliable evidence; or (D) contrary to law (the office of the attorney general may not represent the assessor in these actions under current law). Makes a technical correction.
Sponsor: Philip GiaQuinta
Private representation of public officials. Prohibits a public official who: (1) is sued in the public official's personal capacity and is alleged to have acted outside the scope of the public official's duties; or (2) is charged with a crime unrelated to the public official's duties; from using public funds to pay for private legal counsel. Prohibits the public official from using public funds to pay a judgment or settlement under certain circumstances. Declares certain nondisclosure agreements entered into after June 30, 2019, involving sexual assault, sexual harassment, and sexual discrimination as against public policy and void.
Sponsor: Mara Reardon
Funding for law enforcement academy. Increases the insurance premiums tax from 1.3% to 1.35%. Transfers the money received from the increase in the tax to the law enforcement academy fund (fund). Amends the fund provisions to allow the law enforcement training board to use money in the fund for: (1) capital projects; (2) technology equipment and services; and (3) curriculum development; for a law enforcement academy (including the northwest Indiana law enforcement academy and the southwest Indiana law enforcement academy). Specifies that money in the fund at the end of a state fiscal year does not revert to the state general fund.
Sponsor: Peggy Mayfield
Cancellation of property taxes. Eliminates provisions that maintain a taxpayer's personal liability for property taxes, special assessments, fees, penalties, or other delinquencies after the department of local government finance has canceled those property taxes, special assessments, fees, penalties, or other delinquencies on property that is owned by the state, a county, a city, a town, a township, or a local port authority.
Sponsor: Vernon Smith
Reckless discharge of a weapon. Provides that the death of any person caused by a descending bullet fired into the air constitutes criminal recklessness as a Level 5 felony.
Sponsor: Mara Reardon
Lewd touching. Provides that a person who, without the consent of the other person, knowingly or intentionally rubs or fondles another person's covered or uncovered genitals, buttocks, pubic area, or female breast, commits lewd touching, a Class A misdemeanor. Enhances the penalty for lewd touching if: (1) it is committed by using or threatening the use of deadly force; (2) it is committed while armed with a deadly weapon; (3) the commission of the offenses is facilitated with a drug or controlled substance; (4) it is committed by an officeholder; or (5) it is committed by an individual who has a previous unrelated conviction for the offense.
Sponsor: Mara Reardon
Innkeeper's tax. Provides that the department of state revenue (DOR) or a county treasurer may enter into an agreement with the fiscal officer of an entity responsible for the expenditure of funds from an innkeeper's tax to furnish the fiscal officer each month with the name and retail address of each business collecting an innkeeper's tax and the amount of money collected from each business. Provides that the agreement must include a nondisclosure provision. Provides that the DOR may release information concerning an innkeeper's tax or a food and beverage tax under certain circumstances. Increases the Clark County and Floyd County innkeeper's taxes from 4% to 6%. Provides that each month the DOR shall provide summary data regarding innkeeper's tax collections and food and beverage tax collections to county auditors, county treasurers, and fiscal officers of political subdivisions in the case of a tax imposed by a political subdivision that is not a county.
Sponsor: Karen Engleman
Coverage for ectodermal dysplasia treatment. Requires a state employee health plan, a policy of accident and sickness insurance, and a contract with a health maintenance organization to provide coverage for treatment of ectodermal dysplasia.
Sponsor: Mara Reardon
Establishing a new township. Provides that if a municipality's petition for transfer of its territory from its current township to an adjacent township is rejected or not accepted by an adjacent township, the municipality may establish a new township consisting of the territory within the municipality. Requires the municipality to prepare a comprehensive plan and fiscal impact analysis regarding the new township. Requires the department of local government finance to review and comment on the fiscal impact analysis. Requires the new township to be governed by the municipality's executive (a mayor for a city, the president of the town council for a town) exercising the duties of a township trustee and the municipality's legislative and fiscal body exercising the duties of a township board. Repeals a provision that provides that the transfer of territory of a municipality to an adjacent township may not take effect in the year preceding a decennial census.
Sponsor: Chris Chyung
Foster care services information clearinghouse. Requires the department of child services, in collaboration with courts, juvenile courts, and school corporations, to develop, maintain, and make readily available an information clearinghouse for foster care youth and individuals who are at least 18 years of age and emancipated from the foster care program.
Sponsor: Vanessa Summers
Rape and sexual battery. Defines "consent". Provides that a person commits rape if the person engages in sexual activity without the consent of the victim, and that a person commits sexual battery if the person, with intent to arouse sexual desires, touches another person without the consent of the person.
Sponsor: Sue Errington
Financial responsibility. Allows the bureau of motor vehicles discretion in determining whether extenuating circumstances preventing an individual from providing proof of motor vehicle financial responsibility relieve the individual from suspension of the individual's driving privileges or the motor vehicle registration, or both.
Sponsor: Bruce Borders
A SENATE RESOLUTION urging the legislative council to establish a study committee to study issues related to the regulation of railroad crossings.
Sponsor: Lonnie Randolph
Federal assistance and federal grant administration. Provides that after June 30, 2019, a state agency may not apply for or renew federal assistance or a federal grant (assistance or grant) unless: (1) the state agency analyzes the effect of the assistance or grant on state and local governments and private sector entities; (2) the Indiana office of state based initiatives (office) makes a recommendation based upon the agency's analysis regarding whether to pursue the assistance or grant; (3) the governor approves the assistance or grant. Provides that if the assistance or grant requires any expenditure of state funds, for fiscal years after June 30, 2021, the general assembly must make a specific appropriation of the funds in the state budget. Requires the office in cooperation with the state budget agency to present certain budgetary information on assistance and grants to the interim study committee on fiscal policy and the state budget committee before November 1 of each even-numbered year. Requires the interim study committee on fiscal policy and the state budget committee to review the federal grant information presented by the office. Requires the office in cooperation with the state budget agency to provide information regarding assistance and grants expiring in fiscal years 2020 and 2021 to the interim study committee on fiscal policy and the state budget committee.
Sponsor: Christy Stutzman
Health coverage. Requires the department of insurance to provide annual funding for payments to navigators and assisters to maintain 2017 levels of effort for consumer outreach, education, and enrollment assistance with respect to health care coverage. Requires the department of insurance to annually report to the legislative council the percentage of Indiana residents who lack health insurance coverage. Prohibits preexisting condition exclusions in individual policies of accident and sickness insurance, small employer group health insurance plans, and health maintenance organization contracts. Repeals provisions providing for preexisting condition limitations. Specifies that a policy of accident and sickness insurance, a health maintenance
Sponsor: Edward DeLaney
Study impact of the opioid crisis. Requires the legislative council to assign to the appropriate interim study committee the study of the impact of the opioid crisis, particularly the unforeseen consequences of the opioid crisis.
Sponsor: Vanessa Summers
Ordinance enforcement courts. Permits a city, town, or county (unit) to establish an ordinance violation court to adjudicate ordinance or code violations committed within the unit. Establishes the powers and duties of the court, and provides that the only court fee that may be collected by the ordinance violation court is an ordinance court fee, which may not exceed $200. Specifies that the ordinance court fee must be deposited in the general fund of the unit.
Sponsor: Bruce Borders
Yellow dot emergency medical information program. Establishes the yellow dot emergency medical information program (program). Specifies that the purpose of the program is to provide certain medical information to emergency medical services providers (providers). Provides that participation in the program is voluntary, and allows program participants to end participation in the program at any time. Requires motorists participating in the program to affix a yellow dot decal to the lower right interior corner of a participating automobile's driver side window. Requires a: (1) yellow dot program envelope (envelope); and (2) yellow dot information card (card); to be stored in the glove compartment of a participating automobile. Requires a provider to search the glove compartment of an automobile displaying a yellow dot decal. Provides that a provider may not: (1) search for contraband; or (2) search any location other than the glove compartment of a participating automobile; when searching for an envelope or card. Provides that contraband found during a provider's authorized search of a participating automobile's glove compartment may be: (1) reported to a law enforcement officer; or (2) confiscated by a law enforcement officer; if the provider was not acting under the direction of the law enforcement officer at the time of the search, or a law enforcement officer was not conducting a criminal investigation at the time of the search. Specifies that information contained on a card may be used to do any of the following: (1) Positively identify program participants. (2) Evaluate program participants for medical conditions that may impede or prevent communication with a provider. (3) Attempt contact with a program participant's emergency contact persons. (4) Evaluate a program participant's current medication, preexisting medical conditions, and recent surgeries when administering emergency medical treatment. (5) Share the information displayed on a card with another provider for the purpose of ensuring proper medical treatment. Provides that: (1) the bureau of motor vehicles; and (2) providers; are not liable for damages, including punitive damages, caused by any act, error, or omission related to the information displayed on a card or related to the storage of a card. Provides that a provider is not liable for any damages, including punitive damages, related to a provider's inability to establish contact with a program participant's emergency contact persons.
Sponsor: Ethan Manning
Tippecanoe County food and beverage tax. Authorizes Tippecanoe County to adopt an ordinance to impose a food and beverage tax. Provides that the county food and beverage tax may not exceed 2%. Specifies that food and beverage tax revenue must be used by the Wabash River Enhancement Corporation for carrying out the lawful purposes of the corporation. Specifies that tax revenue may be used for the following purposes of the corporation: (1) Enhancing the quality of life in the Wabash River corridor in Tippecanoe County by developing and implementing a corridor plan, including facilitating the implementation of elements of the plan by third parties. (2) Educating citizens with respect to the appropriate development and conservation of the Wabash River corridor. (3) Improving the health, safety, and welfare of the residents of the Wabash River corridor through initiatives to improve water quality, to restore the corridor's ecosystem, and to secure and improve land for trails, parks, recreational opportunities, and other appropriate development of the riverfront.
Sponsor: Ronnie Alting
Broadband development. Provides that the Indiana utility regulatory commission (IURC) may adopt rules necessary to administer the Indiana universal service fund (IUSF), including rules to: (1) adjust the amount of the surcharge percentage required to be collected by communications service providers and remitted to the IUSF; and (2) establish the types of communications service providers that are required to assess a surcharge for remittance to the IUSF. Provides that the IURC may, to the extent not prohibited by federal law, require a provider of interconnected VoIP service to collect and remit to the IUSF a surcharge on the provider's revenue from intrastate use of the provider's interconnected VoIP service. Provides that a communications service provider, including a provider of broadband service through fiber optic cable, has access to public rights-of-way as a public utility for purposes of federal law exempting public utilities from payment of fair market value for use of public rights-of-way acquired with federal mass transportation funds. Allows use of the I-Light network for provision of communications service to unserved areas, subject to rules adopted by the office of community and rural affairs to: (1) define unserved areas for purposes of the rules; and (2) establish an application process to receive and evaluate proposals by communications service providers for use of I-Light to provide communications service to unserved areas. Provides that a fee owner of a right-of-way or a possessor of an easement: (1) is not entitled to compensation; (2) may not charge a fee of any kind; and (3) may not unreasonably deny authorization; for construction, operation, or maintenance of infrastructure by public and municipally owned utilities, including communications service providers, to the extent that the construction, operation, or maintenance does not interfere with the ordinary and normal use of the right-of-way or easement. Provides that the department of transportation, when issuing a permit for excavation or obstruction of a street, highway, or right-of-way: (1) may not require provision of a bond or cash deposit in an amount greater than $10,000 for each area designated in the permit; and (2) must accept a blanket bond in satisfaction of the bond requirement. Makes a technical correction.
Sponsor: Sharon Negele
Study impact of violent crime on public health. Requires the legislative council to assign to the appropriate interim study committee the study of the impact of violent crime as a public health issue.
Sponsor: Vanessa Summers
Provides for additional victim's rights in the Indiana Constitution. Removes gender specific references in the applicable section of the Indiana Constitution.
Sponsor: Gerald Torr
Residency restrictions for sex offenders. Prohibits an applicant who applies for a child care center license, a child care home license, or a child care ministry registration to operate the child care center, child care home, or child care ministry within 1,000 feet from where an offender against children resides. Provides that an offender against children who knowingly or intentionally resides within 1,000 feet of a child care center, a child care home, or a child care ministry commits a sex offender residency offense, a Level 6 felony.
Sponsor: Vernon Smith
Vote by mail. Requires that all elections be conducted by mail beginning with elections in 2022. Provides for the January 1, 2022, expiration of several provisions of the election code that will be obsolete under a vote by mail system. Requires the interim study committee on elections to study the transition to a vote by mail system and propose necessary legislation to accomplish the transition.
Sponsor: Pat Boy
Various property tax matters. Provides that costs directly attributable to the sale of a property tax certificate of sale include all costs of any county office or department, regardless of whether they are incurred before, during, or after the sale. Allows an immediate family member to be a tax representative for a property owner at a property tax assessment board of appeals hearing. Provides that, when a local unit obtains real property from a person on which taxes are owed, the lien for the taxes shall be released (the taxes are canceled under current law) and for such a property requires the cancellation of the personal liability of the grantor for taxes owed if the assessed value of the property is less than the amount of the taxes owed on the property. Permits the department of local government finance under certain circumstances to cancel property taxes imposed on: (1) a nonprofit corporation organized for educational, literary, scientific, religious, or charitable purposes; or (2) any other entity organized as a church or religious entity.
Sponsor: Vernon Smith
Teacher salaries. Establishes the teacher supplemental compensation fund (fund). Increases the cigarette tax by $1 to $1.995 per pack of regular size cigarettes (and a corresponding increase for larger cigarettes) with the additional revenue deposited in the fund. Provides that the budget agency may approve to deposit into the fund: (1) amounts reverted to the state general fund in a state fiscal year from funds appropriated; or (2) money in the state general fund attributable to the collection of sales tax from retailers without a physical presence in Indiana. Provides that, for each school year beginning after June 30, 2019, and before July 1, 2022, each teacher who provides classroom instruction is entitled to a supplemental payment in excess of the salary specified in the school corporation's compensation plan in the amount of $2,000.
Sponsor: Anthony Cook
Clean water Indiana program. Revises the statement of the purposes of the clean water Indiana program. Provides that the purpose of the program is to provide financial assistance to implement conservation practices in accordance with the natural resources priorities of the soil conservation board.
Sponsor: Beau Baird
Statutory construction; criminal intent. Specifies that the intent element for a criminal act is "knowingly or intentionally" if the statute defining the crime does not specify the required intent. Provides that: (1) operating while intoxicated; and (2) operating a motorboat while intoxicated; are strict liability offenses. Makes technical corrections.
Sponsor: Bruce Borders
Emergency care reimbursement. Requires a state employee health plan and an accident and sickness insurer to cover and reimburse expenses for care obtained by a covered individual in an emergency. Defines "emergency" to include a condition manifesting symptoms with consequences reasonably expected by a prudent lay person to occur without care.
Sponsor: Carey Hamilton
Shared mobility devices. Requires the vendor of a shared mobility device to: (1) assume liability for damages incurred in connection with the shared mobility device; (2) maintain liability insurance to cover damages; (3) make available to the public a toll free telephone number to reach the vendor; and (4) respond to contacts within 24 hours. Makes a violation of these provisions a class A misdemeanor.
Sponsor: Cherrish Pryor
Right to jury in certain administrative proceedings. Provides that a person seeking judicial review of the final revocation of a professional license has the right to a jury trial.
Sponsor: Bruce Borders
Tax credit for public school book rental fees. Provides an income tax credit for an unreimbursed curricular materials expenditure made by a taxpayer for an eligible dependent who is enrolled in a public school. Provides that the credit amount is the amount of the taxpayer's qualified expenditures for all eligible dependents.
Sponsor: Charles Moseley
Sales tax exemption for data warehouse equipment. Provides a state sales and use tax exemption (exemption) for the purchase of certain enterprise information technology equipment and the sale of electricity used to operate the enterprise information technology equipment. Provides that, to be eligible for the exemption, a business must invest in the aggregate at least $10,000,000 in enterprise information technology equipment that will be located at one or more data centers in Indiana. Requires the Indiana economic development corporation (IEDC) to take applications for the exemption and certify an entity as a business eligible for the exemption. Provides that the IEDC may not certify eligible businesses after June 30, 2029. Provides that a business once certified by the IEDC may use the exemption for purchases of enterprise information technology equipment after June 30, 2029. Sunsets the sales and use tax exemption for the sale of electricity used to operate the enterprise information technology equipment on June 30, 2029.
Sponsor: Jim Pressel
Grants for refugee assistance organizations. Provides that the office of community and rural affairs may use money in the rural economic development fund to provide grants to nonprofit organizations that assist in refugee resettlement and receive federal funds to assist in refugee resettlement.
Sponsor: Edward DeLaney
Housing for students in foster care. Provides that a state educational institution shall establish a program to allow foster youth students of the state educational institution to live in campus housing between academic terms.
Sponsor: Vanessa Summers
After care services for foster youth. Provides that an individual who receives foster care until the individual is 18 years of age is eligible to receive collaborative care services until the individual is 21 years of age (rather than 20 years of age, under current law). Requires the department of child services to do the following: (1) Apply to the United States Secretary for Health and Human Services for funds to provide services under the John H. Chafee Foster Care Program for Successful Transition to Adulthood (Chafee services) by submitting a plan providing that Indiana shall provide assistance and services to individuals who have aged out of foster care and are less than 23 years of age. (2) If the plan is approved, provide Chafee services to individuals who have aged out of foster care and are less than 23 years of age.
Sponsor: Vanessa Summers
A CONCURRENT RESOLUTION congratulating the Indiana Wesleyan University Wildcats on winning the 2018 National Association of Intercollegiate Athletics ("NAIA") Division II Men's Basketball National Championship.
Sponsor: Andy Zay
Loan forgiveness for distressed schools. Provides that certain school corporations that are distressed political subdivisions may qualify to have common school fund loans or advances forgiven. Provides that the budget agency may approve to deposit reversions to the state general fund into the common school fund to offset advances or loans forgiven.
Sponsor: Vernon Smith
Commission on Hispanic/Latino Affairs meetings. Provides that in order for the Commission on Hispanic/Latino Affairs to take action at a meeting, at least: (1) 11 members must be present; and (2) a majority of the members present at the meeting (instead a majority of members appointed to the commission) must vote in favor of the action.
Sponsor: Peggy Mayfield
A SENATE RESOLUTION recognizing the 40th anniversary of the Indiana-Taiwan sister-state relationship and the United States Congress's enacting of the Taiwan Relations Act, supporting Taiwan's signing of a Bilateral Trade Agreement with the United States, and reaffirming support for increasing Taiwan's international profile.
Sponsor: Michael Young
Veterans property tax deduction. Eliminates the assessed value cap of $175,000 that applies to the property tax deduction for a veteran who: (1) has a total disability; or (2) is at least 62 years of age and has at least a 10% disability.
Sponsor: Heath VanNatter
Marijuana. Permits a person at least 21 years of age to lawfully possess up to one ounce of marijuana. Makes possession of marijuana in the passenger compartment of a motor vehicle a Class C infraction, and makes ingesting marijuana while operating a motor vehicle a Class B misdemeanor. Establishes a per se intoxication level of 10 nanograms of THC per milliliter of whole blood for purposes of operating while intoxicated laws, and requires that the analysis of controlled substances in a person's blood measure only the controlled substance and not metabolites of the controlled substance.
Sponsor: John Young
Property tax referendum for local operating fund. Permits counties, cities, and towns to adopt a resolution to hold a referendum to impose a property tax levy for a referendum tax levy operating fund.
Sponsor: Todd Huston
Statutory references to certain municipalities. Replaces population parameters referring to the city of Lawrenceburg and the town of Danville with the names of the respective municipalities.
Sponsor: John Crane
Physical education. Requires each school corporation and charter school to conduct at least 30 minutes of physical education each day for students in kindergarten through grade 5. Specifies that the physical education requirement is in addition to the requirement to conduct daily physical activity.
Sponsor: Timothy Brown
Voting systems. Requires all voting systems to rely on the retention of paper ballots as a redundant means of verifying or auditing election results. Requires that a voting system permit a voter to examine the paper record of the voter's votes to verify the voter's votes. Provides that after a voter has verified the votes on the paper record, the paper record is the official record of the votes.
Sponsor: Jean Breaux
Bail. Permits a defendant admitted to bail to select, from certain options, the manner in which the defendant will post bail. Makes conforming amendments.
Sponsor: Michael Young
School board elections. Provides that, beginning in 2023, school board members selected by election must be elected at municipal general elections. (Under current law, school board members selected by election must be elected at general elections.) Makes conforming changes.
Sponsor: Todd Huston
Juvenile adjudications in absentia. Provides that the rights guaranteed to a child may be waived by the child if the child knowingly and voluntarily waives the right by: (1) being informed of an upcoming court proceeding; (2) failing to appear at the court proceeding; and (3) failing to notify the court or provide the court with an adequate explanation of the child's absence.
Sponsor: John Young
Recreational vehicle excise tax. Provides that if a person presents proof of the purchase price for a new recreational vehicle or truck camper that would result in the recreational vehicle or truck camper being classified in a different class under the recreational vehicle and truck camper excise tax, the purchase price shall be used to classify the recreational vehicle or truck camper.
Sponsor: Ben Smaltz
Home health care. Repeals expired law concerning the review and development of programs for home health agencies. Requires the office of the secretary of family and social services to increase the reimbursement rates that were in place on June 30, 2018, for home health services by 15%.
Sponsor: Vaneta Becker
School radon testing and abatement. Requires the state department of health (department) to consider establishing a program of: (1) testing for radon gas; and (2) abatement of radon gas; in public school buildings. Requires the department to consider applying for funding from the state indoor radon grant (SIRG) program of the United States Environmental Protection Agency.
Sponsor: Carey Hamilton
Reckless operation in a highway work zone. Provides that each death or instance of bodily injury caused by reckless operation of a motor vehicle in a highway work zone constitutes a separate offense.
Sponsor: John Young
U.S. 30 corridor study. 30 corridor study. Requires the Indiana department of transportation (INDOT) to conduct a traffic study of the U.S. 30 corridor in Allen County. Requires INDOT to submit a report on the study to the legislative council and the governor before November 1, 2019.
Sponsor: Dave Heine
Civil immunity for child advocates. Provides that any guardian ad litem (GAL) or court appointed special advocate (CASA) appointed for a child in a juvenile court proceeding is immune from civil liability resulting from the child being placed on a waiting list due to unavailability of a GAL or CASA. (Under current law, this immunity applies only to a volunteer GAL or CASA appointed from, and funded by, the supreme court office of administration's office of guardian ad litem and court appointed special advocate services.)
Sponsor: Jean Breaux
A CONCURRENT RESOLUTION congratulating Robert Greer on setting a new Indiana bench press record of 446 pounds.
Sponsor: Mike Bohacek
A CONCURRENT RESOLUTION congratulating the Tabernacle Christian High School boys basketball team on winning the 2018 Indiana Association of Christian Schools ("IACS") Division I state championship title.
Sponsor: Rodric Bray
White County innkeeper's tax. Permits the fiscal body of White County to levy the county innkeeper's tax on resorts and any other buildings or structures in the county in which lodging is regularly furnished for consideration.
Sponsor: Brian Buchanan
Improper worker classification. Authorizes the department of state revenue, the department of labor, the worker's compensation board, and the department of workforce development to issue subpoenas for the attendance of witnesses and the production of records and to question witnesses under oath when conducting an investigation of any suspected improper worker classification by a construction contractor. Allows the worker's compensation board to issue a stop work order as an additional remedy against an employer that does not have the required insurance and has not furnished satisfactory proof of self-insurance. Provides that service of a stop work order on a worksite is effective as to the employer's operations on that worksite, and that service of a stop work order on an employer is effective as to all of the employer's worksites where the employer has not complied with the insurance or self-insurance requirements. Provides a civil penalty of $1,000 for each day an employer violates a stop work order.
Sponsor: Frank Mrvan
Charter schools. Provides that certain charter school authorizers that issued a charter for a charter school before July 1, 2015, are required to be approved for chartering authority by the state board of education (state board) before the authorizers may authorize a new charter or renew an existing charter for a charter school. Provides that an authorizer may not accept a proposal to establish a charter school from an organizer that already operates a charter school if a charter school that the organizer operates does not meet certain thresholds regarding its school accountability grade. Provides that a charter school may not enroll new students who are not currently enrolled in the charter school if the charter school does not meet certain thresholds regarding its school accountability grade. Provides that an administrative fee for certain authorizers is dependent upon the category or designation that the charter school receives regarding its school accountability grade. Requires the department of education to provide staff to carry out the duties of the Indiana charter school board (charter board). Repeals a provision that provides that funding for the charter board consists of administrative fees.
Sponsor: Mark Stoops
Broadband access grants. Provides that the office of community and rural affairs (office) may award a grant from the rural economic development fund to an Internet service provider (ISP) that provides Internet service with a transmission speed of: (1) not less than three megabits per second upstream; and (2) not less than 25 megabits per second downstream; in an unserved area. Provides that the amount of the grant is equal to $750 for each customer in an unserved area who subscribes to the ISP's broadband Internet service for one year under subscription terms established by the office, subject to reporting and verification rules developed by the office and approved by the state director of broadband opportunities.
Sponsor: Brian Buchanan
Career and technical education. Provides that a school corporation that is a member of a joint program of career and technical education (joint program) may add a new career and technical education course to its curriculum without approval from the management board of the technical joint program or the governing body overseeing the joint program if the course is provided by either Ivy Tech Community College or Vincennes University. Voids an administrative rule that requires a school corporation to ensure that a teacher of a secondary school vocational program is licensed by the department of education. Provides that, after June 30, 2019, a school corporation, school, or a secondary school vocational program may employ an instructor who does not have a license if the instructor meets certain occupational and training requirements.
Sponsor: Chuck Goodrich
Urging Indiana school corporations to permit a student to wear a dress uniform issued to the student by any active or reserve component of the armed forces of the United States or the National Guard while participating in the student's high school graduation ceremony.
Sponsor: Micheal Aylesworth
Healthy food finance. Establishes the healthy food financing fund (fund) and healthy food financing program (program) under the administration of the Indiana housing and community development authority (IHCDA). Provides that the purpose of the fund is to provide financing in the form of loans or grants for projects that increase the availability of fresh and nutritious food in underserved communities. Defines an "underserved community" as a census tract determined to be an area with low supermarket access: (1) by the United States Department of Agriculture; or (2) as identified through a methodology used by another healthy food initiative. Provides that the IHCDA may contract with one or more nonprofit organizations or community development financial institutions to administer the program through a public-private partnership. Provides that an applicant for a grant or a loan must demonstrate the capacity to successfully implement the project and the ability to repay the loan. Provides that an applicant for a grant or a loan must agree to satisfy certain conditions. Requires the IHCDA to monitor projects receiving financing and submit a report annually to the legislative council that includes the number and types of jobs created, and the health initiatives associated with the program. Continuously appropriates money in the fund. Makes an appropriation to the fund.
Sponsor: Robin Shackleford
Sale of low THC hemp extract products. Repeals laws concerning: (1) the distribution of low tetrahydrocannabinol (THC) hemp extract; and (2) low THC hemp extract sales. Provides that only a pharmacy or National Precursor Log Exchange (NPLEx) retailer may sell low THC hemp extract. Specifies that a person who is denied the sale of a nonprescription product containing low THC hemp extract is not prohibited from obtaining low THC hemp extract pursuant to a prescription. Provides that a pharmacist or pharmacy technician may determine that the purchaser has a relationship on record with the pharmacy, in compliance with rules adopted by the board. Allows a pharmacist to deny the sale of low THC hemp extract on the basis of the pharmacist's professional judgment, and provides the pharmacist with civil immunity for making such a denial. Provides that a purchaser who has a relationship on record with the pharmacy may purchase low THC hemp extract. Allows the pharmacist to provide certain low THC hemp extract products to a purchaser who does not have a relationship on record with the pharmacy or for whom the pharmacist has made a professional judgment that there is not a medical or pharmaceutical need. Requires the Indiana scheduled prescription electronic collection and tracking (INSPECT) program to track low THC hemp extract dispensed pursuant to a prescription. Makes conforming changes.
Sponsor: Elizabeth Brown
Post graduation outcome funding metrics. Establishes the postgraduation performance funding pilot program (pilot program) to develop assessment metrics for assessing and rewarding school corporations with performance grants for positive outcomes, including higher education and career and technical education outcomes, for students at least six months after graduation from high school. Requires the governor to develop assessment metrics and performance grant amounts for the pilot program. Requires the governor to prepare and submit reports on the assessment metrics and performance grant amounts developed for the pilot program.
Sponsor: Todd Huston
Tax credit for teachers' classroom supplies. Increases the income tax credit for an individual employed as a teacher for amounts expended on classroom supplies from $100 to $500 per taxable year.
Sponsor: Lonnie Randolph
Controlled substances in penal facilities. Makes committing a controlled substance offense on the property of a penal facility or juvenile facility an enhancing circumstance.
Sponsor: John Young
Towing rights. Specifies requirements for a towing service or a person that owns private property that tows a vehicle from private property, including a notice of requirements that apply to the towing service's actions. Makes a violation by a towing service a Class B infraction.
Sponsor: J.D. Ford
Health facility employee criminal background check. Requires a health facility to obtain a national criminal history background check or an expanded criminal history check for the health facility's employees. Provides immunity to persons for: (1) denying or terminating an individual's employment because of the individual's criminal history; or (2) reporting to or participating in the proceedings of the state department of health or the registry of nurse aides.
Sponsor: Jean Breaux
THC analysis of CBD products. Requires a person who distributes low THC hemp extract to provide a copy of the certificate of analysis to each retailer in Indiana that purchases the extract. Requires a person who sells low THC hemp extract to display the certificate of analysis for each low THC hemp extract product. Provides that a violation of these requirements is a Class B infraction, or a Class A infraction if there is a prior unrelated judgment.
Sponsor: Elizabeth Brown
Operating while intoxicated. Provides that a person who operates a vehicle or a motorboat with at least 10 nanograms of delta-9-tetrahydrocannabinol (THC) per milliliter of the person's blood commits the offense of operating while intoxicated. (Current law provides that a person commits the offense of operating while intoxicated if the person has any measurable amount of THC in the person's blood.) Removes the metabolite of a controlled substance listed in schedule I or II as an element from the offense of operating a vehicle while intoxicated. Makes conforming amendments.
Sponsor: John Young
Storm water fee exemptions. Provides that the board of a municipal department of storm water management, the board of a county department of storm water management, or the board of public works of a consolidated city may not assess or collect user fees for the operation and maintenance of a storm water system with respect to: (1) property where religious services are held regularly; (2) property that belongs to a school corporation and is used for educational purposes; or (3) property that is assessed as agricultural land for property tax purposes. Provides that the drainage board of a county that does not have a department of storm water management may not assess or collect fees for services provided to address issues of storm water quality and quantity with respect to: (1) property where religious services are held regularly; (2) property that belongs to a school corporation and is used for educational purposes; or (3) property that is assessed as agricultural land for property tax purposes.
Sponsor: Jack Sandlin
Volunteer fire department retirement benefits. Provides that a political subdivision served by a volunteer fire department may make contributions to the public employees' defined contribution plan for the members of the volunteer fire department in an amount determined by the governing body of the political subdivision.
Sponsor: Steven Davisson
Device implantation as a condition of employment. Prohibits an employer from requiring a candidate for employment or an employee to have a device implanted or otherwise incorporated into the candidate's or employee's body as a condition of employment, as a condition of employment in a particular position, or as a condition of receiving additional compensation or benefits.
Sponsor: Alan Morrison
Tax credit eligibility. Removes the provision in current law that requires a claim for a unified tax credit for the elderly to be filed within six months following the close of claimant's taxable year or within the extension period if an extension of time for filing the return has been granted, whichever is later.
Sponsor: Dave Heine
Motorsports development. Extends the expiration date of the motorsports improvement program to June 30, 2021. Makes an appropriation from the state general fund to the motorsports improvement fund for use in promoting motorsports in Indiana.
Sponsor: Randall Frye
Deletion of criminal records. Establishes a procedure for a court to order the deletion of certain criminal records.
Sponsor: John Young
Reproductive rights. States that every individual has a fundamental right to: (1) choose or refuse contraception or sterilization; (2) parent the individual's child; and (3) choose, if the individual is pregnant, whether to carry a pregnancy to term, give birth, place the child for adoption, or have an abortion. Prohibits the state from denying or interfering with the individual's specified rights. Specifies that a fertilized egg, embryo, and fetus do not have independent rights in Indiana.
Sponsor: Jean Breaux
School safety and mental health education. Establishes the governor's student advisory council to provide to the governor information concerning education issues that are important to students in Indiana. Requires the department of education (department) to supervise the activities of and staff the governor's student advisory council. Provides that the secured school safety board may award a matching grant from the Indiana secured school fund to enable a school corporation or charter school to establish a program to provide mental health services to students or form partnerships with mental health providers to provide mental health services to students. Provides that advances made under the school corporation and charter school safety advance program may be used to provide mental health services to students or form partnerships with mental health providers to provide mental health services to students. Requires the department, in coordination with the Indiana intelligence fusion center, to do the following: (1) Distribute to schools information regarding the "If You See Something, Say Something" tip line. (2) Establish guidelines for schools with regard to providing information to students about the tip line. Requires a teacher preparation program to include content within the curriculum that provides teacher candidates with information concerning mental health. Provides that: (1) for grades 6 through 12, the study of health education must include instruction on mental health; and (2) the teacher who provides the instruction on mental health must have training on mental health matters.
Sponsor: John Ruckelshaus
Notice of sex offender intent to move. Requires certain sex or violent offenders to notify law enforcement at least 30 days before establishing a new residence. Requires a local law enforcement authority, not later than 10 days after receipt of the notice, to inform every household within 500 feet of the new residence: (1) that a sex or violent offender intends to move to the area; (2) of the name and new residence address of the sex or violent offender; (3) of the crime committed by the sex or violent offender; and (4) of the Internet address of the Indiana sex and violent offender registry web site. Makes failure to notify law enforcement a Level 6 felony, and increases the penalty to a Level 5 felony if the person has a prior conviction. Provides a defense if the sex or violent offender: (1) was unable to provide notice 30 days in advance because the offender did not know the new address at that time; (2) notifies law enforcement within three days of learning the new address; and (3) otherwise complies with the notice requirement.
Sponsor: Chris Garten
Pharmacy benefit managers. Requires a pharmacy benefit manager that is not licensed as an administrator to be registered with the board of pharmacy. Specifies requirements for registration, renewal, conduct, appeals, and annual reporting by pharmacy benefit managers.
Sponsor: Steven Davisson
Renter's deduction for disabled veterans. Allows a disabled veteran who rents a dwelling for use as the disabled veteran's principal place of residence to claim an additional renter's deduction from the disabled veteran's adjusted gross income. Provides that the additional deduction may not exceed $3,000.
Sponsor: Charles Moseley
Protection of life. Repeals the statutes authorizing and regulating abortion. Finds that human physical life begins when a human ovum is fertilized by a human sperm. Asserts a compelling state interest in protecting human physical life from the moment that human physical life begins. Provides that court decisions to enjoin the law are void. Specifies the duty of Indiana officials to enforce the law. Specifies that federal officials attempting to enforce contrary court orders against Indiana officials enforcing the law shall be subject to arrest by Indiana law enforcement. Redefines "human being" for purposes of the criminal code to conform to the finding that human physical life begins when a human ovum is fertilized by a human sperm. Makes other conforming changes.
Sponsor: Curt Nisly
Bias motivated crimes. Enhances the sentence for a crime committed: (1) due to a real or perceived immutable characteristic or religious belief of the victim; and (2) with intent to cause bodily injury, or to cause the victim to feel terrorized, frightened, intimidated, or threatened.
Sponsor: Michael Young
Student hunger and homelessness. Establishes the student hunger and homelessness study committee (committee) for the purposes of: (1) studying the prevalence of homelessness, housing insecurity, and food insecurity among students at Indiana colleges and universities during the 2019 academic year; and (2) providing suggestions for eliminating those issues. Provides that the study must determine, as accurately as practicable, the number of Indiana college and university students who are homeless, housing insecure, or food insecure. Provides that the committee consists of: (1) an employee of the family and social services administration; (2) an employee of the department of child services; (3) an employee of the department of education; (4) an employee of the commission for higher education; (5) an employee of the Indiana housing and community development authority; (6) a member of the commission on improving the status of children in Indiana; and (7) an employee of each state educational institution. Provides that the committee may solicit assistance from private groups, colleges, and universities in performing the study. Requires the committee to report the results of the study to the governor and the legislative council not later than July 31, 2020.
Sponsor: Earl Harris
Legislative sessions. Requires the second regular session of the general assembly to adjourn sine die not later than February 28 of an even-numbered year. (Under current law, the second regular session must adjourn sine die not later than March 14 of an even-numbered year.)
Sponsor: Todd Huston
Lead poisoning of children. Requires the state department of health to develop and distribute to primary health care providers a one page informational form that sets forth a series of questions for a child's family concerning the child's exposure to lead and directs a primary health care provider to have a child's blood tested for lead if the child's family gives certain answers to the questions. Requires a primary health care provider who provides well child health care services to a child less than six years of age to recommend a blood lead screening test under certain circumstances and to order a blood lead screening test under certain circumstances. Provides an exception if the parents of the child object to the blood lead screening test on religious grounds. Establishes requirements for blood lead screening tests and confirmatory blood lead screening tests. Requires a clinical laboratory that performs an analysis of the blood of a child for lead to report the results to the state health commissioner (commissioner). Provides that the commissioner, when provided test results showing that a child has a blood lead level of at least five micrograms per deciliter, is required to order a public health lead investigation to determine the source of the child's lead poisoning if the child is less than six years of age, and may order a public health lead investigation if the child is more than six but less than 16 years of age. Provides that the public health lead investigation must include an onsite investigation of the child's residential unit, child care center, or school if the child has a blood lead level of at least 10 micrograms per deciliter. Provides that the commissioner must require a public health lead risk assessment of a child's residential unit, child care center, or school upon determining that the property is a possible source of the child's lead poisoning. Provides that if the public health lead risk assessment indicates that one or more lead hazards in the residential unit, child care center, or school are contributing to a child's lead poisoning, the commissioner shall issue an order to have each lead hazard controlled. Requires the owner or manager of the residential unit, child care center, or school to choose from among certain acceptable methods to control each lead hazard specified in the commissioner's order. Requires the commissioner to issue a noncompliance order prohibiting the use of the property if the owner or manager of the residential unit, child care center, or school does not comply with the lead hazard control order. Requires the commissioner to lift a lead hazard control order when all lead hazards specified in the control order have been sufficiently controlled.
Sponsor: Jean Breaux
Producer recycling of waste packaging and paper. Requires every producer of a product or material that results in waste packaging or waste printed paper to register with the department of environmental management (department) and, either singly or jointly with one or more other producers, to submit to the department for approval a producer recycling program plan under which the producer or group of producers will provide for or finance the recycling of packaging and printed paper. Provides that a proposed producer recycling program plan must include a description of the methods by which packaging and printed paper will be collected from households in a convenient manner in all parts of Indiana and recycled, an explanation of how the plan will be financed, and other contents. Requires a producer or group of producers to solicit comments and input from stakeholders on its proposed producer recycling program plan. Provides that the department may require a producer or group of producers to revise a producer recycling program plan that does not meet the requirements of the law. Requires that a producer recycling program plan, once accepted by the department, be updated every two years. Establishes goals of: (1) recycling 50% of all household packaging and printed paper by July 1, 2025; and (2) recycling 60% of all household packaging and printed paper by July 1, 2028. Exempts a producer of packaging or printed paper with gross sales in Indiana of less than $250,000 per year from these requirements, and provides that a producer of packaging or printed paper with gross sales in Indiana of at least $250,000 but less than $500,000 is required to pay an annual fee to a producer recycling organization of not more than $750 but is not otherwise required to comply with these requirements.
Sponsor: Mark Stoops
Wind farm conflicts of interest. Amends the statute that establishes the criminal offense of conflict of interest by a public servant to provide that a public servant who serves a unit in which a proposed wind farm development is being considered commits an offense under the statute if either of the following apply: (1) The public servant knowingly: (A) has or will have a pecuniary interest in; or (B) derives or will derive a profit from; a contract or purchase related to the proposed wind farm development. (2) The wind farm developer does, or offers to do, certain specified acts related to the proposed wind farm development and involving the public servant's role as a public official. Provides that a public servant does not commit an offense under the statute if the public servant makes a written disclosure that describes the nature of the conflict the public servant has with respect to the proposed wind farm development. Requires a wind farm developer that seeks to install or locate one or more wind power devices in a unit to make certain disclosures regarding conflicts of interest involving elected or unelected officials with respect to the proposed project. Provides that a wind farm developer shall make the required disclosures as necessary throughout all phases of the proposed project and continuing for one year after the date on which all wind power devices included in the project are fully operational. Prescribes the form and manner in which the disclosures must be made. Confers authority upon the attorney general to investigate and adjudicate complaints alleging violations of the disclosure requirements. Provides that upon determining that a wind farm developer has violated the requirements, the attorney general may impose a civil penalty of not more than: (1) $50,000 for the first violation; and (2) $100,000 for any subsequent violation.
Sponsor: Thomas Saunders
529 college savings distributions. Excludes from Indiana adjusted gross income amounts that were withdrawn by a taxpayer from an account owned by the taxpayer under an Indiana education savings program, that were never expended for purposes of an Indiana education savings program, and that were deposited into a qualified retirement account. Removes the power of the education savings authority to establish penalties for withdrawals of money from accounts that are not used exclusively for qualified higher education expenses.
Sponsor: John Prescott
Regulation of confined feeding operations. Amends the law on confined feeding operations (CFOs), which include any confined feeding of at least 300 cattle, 600 swine or sheep, 30,000 fowl, or 500 horses. Provides for the department of environmental management (IDEM) to issue CFO permits instead of "approvals". Provides that a person that owns a CFO, owns the livestock in a CFO, applies for a permit, permit renewal, or permit modification for a CFO, or is otherwise in direct or responsible charge of a CFO is a "responsible party" with respect to the CFO and must disclose certain information. Provides that a person may not start construction or operation of a CFO without obtaining a permit from IDEM and may not modify a CFO without obtaining a permit modification from IDEM. Provides that the application for a permit or permit modification must be accompanied by: (1) plans and specifications prepared or certified by a professional engineer; (2) certain site-specific information; and (3) a site-specific air pollution control plan. Requires IDEM to: (1) provide public access to a permit application through IDEM's virtual file cabinet; (2) publish a notice requesting public comments on the application; (3) allow interested persons to submit written comments; and (4) hold a public hearing on the permit application upon written request. Requires the commissioner of IDEM (commissioner) to deny an application for a permit or permit modification if the proposed activity would substantially endanger public health or the environment. Authorizes IDEM to revoke a CFO permit if necessary to prevent or abate a substantial endangerment to public health or the environment. Requires the environmental rules board (board) to adopt rules establishing: (1) limits on hydrogen sulfide, volatile organic compounds, and ammonia emissions; and (2) requirements and prohibitions applying to new CFOs, CFOs proposed for expansion, and other existing CFOs. Provides that the rules must prohibit a new or expanded CFO from being located within one mile of a residence unless the owner of the residence consents to a lesser setback or the commissioner determines that the CFO's air pollution control plan will prevent the CFO from exceeding the limits on hydrogen sulfide, volatile organic compounds, and ammonia emissions established by the rules of the board. Makes technical corrections.
Sponsor: Mark Stoops
Child placement involving siblings. Provides that a juvenile court or the department of child services (DCS), when placing a child alleged to be a child in need of services in an out-of-home placement after detaining the child, shall consider whether the child's best interests would be served by placing the child: (1) with a relative or de facto custodian; or (2) in a household in which a sibling of the child has been placed; before considering any other placement for the child. (Current law provides that the juvenile court or DCS must consider placing the child with a relative or de facto custodian before considering any other placement for the child.) Provides that a juvenile court, when placing a child in need of services in an out-of-home placement under a dispositional decree, shall consider whether the child's best interests would be served by placing the child: (1) with a relative; or (2) in a household in which a sibling of the child has been placed; before considering any other placement for the child. (Current law provides that the juvenile court must consider placing the child with a relative before considering any other placement for the child.)
Sponsor: Charles Burton
Newborn infants and hospital requirements. Requires a hospital to implement a policy that establishes protocols for hospital staff to follow concerning transportation of a newborn infant if the hospital is unable to provide the necessary care for the newborn infant to another hospital that can provide the care. Requires a hospital, at the time of preregistration by a pregnant woman for maternity care at the hospital, to disclose to the pregnant woman the levels of care that the hospital is able to provide based on a newborn infant's gestational age.
Sponsor: John Prescott
Entrepreneur and enterprise district grants. Provides that the Indiana economic development corporation (IEDC) shall award a grant from the twenty-first century research and technology fund (fund) to a district board established in Lafayette or Fort Wayne by September 1 of a state fiscal year if the district board applies for a grant. Requires the IEDC to allocate amounts within the fund each state fiscal year for purposes of awarding a grant to a district board established in Lafayette or Fort Wayne.
Sponsor: Brian Buchanan
Mental health matters. Requires the office of the secretary of family and social services (office) to apply for a state plan amendment that would require Medicaid reimbursement for eligible Medicaid rehabilitation option services provided in a school setting to a Medicaid recipient. Requires the office to review the Medicaid rehabilitation option services provided under Medicaid, determine whether additional services are appropriate, and submit the office's findings to the legislative services agency. Requires a school corporation to contract with a community mental health center to provide Medicaid rehabilitation option services to the school corporation's students and families. Requires the division of mental health and addiction to establish and administer an evidence based program that partners with schools to provide social services to children, parents, caregivers, teachers, and the community. Sets forth requirements of the program and a contracting entity. Requires the office of Medicaid policy and planning to study and report to the legislative services agency the impact of increasing the eligibility income limitations for the children's health insurance program and specifies requirements of the study. Sets forth requirements of the mental health first aid training program report.
Sponsor: Steven Davisson
Property tax exemption. Provides a property tax exemption effective January 1, 2017, for certain property owned by an Indiana nonprofit public benefit corporation exempt from taxation under Section 501(c)(3) of the Internal Revenue Code if: (1) the property is used in the operation of a nonprofit health, fitness, aquatics, and community center; and (2) the acquisition and development of the property are provided in part under the regional cities initiative of the Indiana economic development corporation. Provides for a refund for any property taxes paid in 2018 and 2019.
Sponsor: Doug Miller
Certificates of title. Provides that the bureau of motor vehicles may issue a salvage title to a vehicle designated as "JUNK" in certain situations.
Sponsor: Victoria Spartz
Licensure of behavior analysts. Provides for licensure of behavior analysts and assistant behavior analysts. (Current law provides for certification of behavior analysts and assistant behavior analysts.) Sets forth exemptions. Makes conforming changes.
Sponsor: Ed Charbonneau
Dual credit study committee. Urges the legislative council to assign to the appropriate study committee the task of studying licensing issues relevant to teachers who teach or wish to teach dual credit courses.
Sponsor: J.D. Ford
Tax sale redemptions. Provides that a tax deed may not be issued to the holder of a certificate of sale unless: (1) the property taxes and special assessments that first became due and payable after the date of sale; and (2) the penalties on those property taxes and special assessments that are not otherwise removed from the tax duplicate; are paid in full. Repeals most of the tax sale surplus disclosure statute, retaining only the provision prohibiting a county auditor from endorsing a document of conveyance for property sold during the tax sale redemption period unless the purchaser has redeemed the property. Makes technical changes.
Sponsor: Karen Engleman
Economic development in Gary. Permits a licensed owner operating a riverboat in Gary to relocate one of the owner's licenses to operate an inland casino within the city of Gary. Requires the second Gary riverboat license to be sold to operate an inland casino to be operated at a location greater than 100 miles from Gary. Provides that the city of Gary may negotiate the percentage of the sales prices of the second Gary riverboat license that shall be evenly divided between the city of Gary, the Gary port authority, and the greater Gary community foundation. Requires 20% of the adjusted gross receipts of the second license be distributed to the city of Gary for 20 years. Requires the gaming commission to study and make a recommendation for a formula for East Chicago and Hammond to be held harmless from the Gary casino relocating to an inland casino. Provides that the Gary port authority (port authority) may operate a multimodal district within Gary with a Class I railroad. Provides that a member of the board of the port authority may not be a member of the development board of the northwest Indiana regional development authority. Provides that the port authority must have an executive director. Provides duties of the port authority. Provides that the city of Gary shall initiate the formation of the greater Gary community foundation (foundation). Requires the foundation, Ivy Tech Community College, and Gary industry to create a coalition to focus on education and workforce development. Requires the coalition to fund and implement comprehensive apprenticeship and workforce development programs. Requires the coalition to work with the Gary community school corporation to plan a new central campus and career center. Requires Ivy Tech to develop a credentialing program in certain industries. Creates the Gary environmental and remediation fund (fund). Requires the port authority to submit a report to the legislative council concerning a recommended appropriation for the fund and whether a tax incentive is necessary for the fund. Requires Gary and the greater Gary community foundation to enter into a community workforce agreement to promote certain objectives concerning the multimodal development.
Sponsor: Eddie Melton
Don't Tread on Me license plate. Establishes the Don't Tread on Me license plate (plate). Specifies that: (1) the plate must bear the slogan "Don't Tread on Me" and a depiction of a coiled snake; (2) the plate is not a special group recognition license plate; and (3) the cost for the plate is an annual registration fee for a vehicle of the same classification and any other fee or tax required of a person registering a vehicle.
Sponsor: Curt Nisly
Duties of county auditors. Makes the filing deadlines for property tax deductions applicable to mobile homes and manufactured homes that are not assessed as real property the same as the filing deadlines for property tax deductions applicable to real property. Provides that weed control charges incurred by counties, cities, towns, and townships for removal of noxious weeds and detrimental vegetation on private property are to be collected in the manner that municipal sewer charges are collected and imposes an additional $20 collection fee. Increases, from $5 to $10, the maximum amount of the county option fee that a county auditor may charge for endorsing a real estate conveyance document and provides that the fee revenue must be used for developing or maintaining plat books, in traditional or electronic format. Provides that a redevelopment commission or other entity that creates a tax increment financing area shall file the resolution and supporting documents that create the tax increment financing area with the county auditor in which the tax increment financing area is located within 30 days after the redevelopment commission or other entity takes final action on the resolution. Provides that if a redevelopment commission or other entity that creates a tax increment financing area fails to file the resolution and supporting documents with the county auditor before the first anniversary of the effective date of the tax increment financing area, the county auditor shall use the assessment date immediately preceding the date on which the documents were filed to compute the base assessed value of the tax increment financing area. Urges a legislative study of the advisability of eliminating the mortgage property tax deduction and the advisability of increasing the homestead standard deduction.
Sponsor: Karen Engleman
Court fees for the law enforcement academy. Creates a new court fee of $2 a case to criminal, pretrial diversion, infraction, and ordinance violation actions that is dedicated to supporting the law enforcement academy fund. Makes conforming amendments.
Sponsor: Peggy Mayfield
A CONCURRENT RESOLUTION congratulating the Tabernacle Christian High School boys soccer team on winning the 2018 Indiana Association of Christian Schools ("IACS") state championship title.
Sponsor: Rodric Bray
Pregnancy and childbirth discrimination. Prohibits an employer from discriminating against a pregnant job applicant or employee. Requires an employer to provide reasonable employment accommodations for a pregnant employee. Requires the civil rights commission to investigate complaints and attempt to resolve complaints.
Sponsor: Vaneta Becker
Mental health provider reporting requirements. Requires a mental health professional to notify the office of judicial administration, for transmittal to the NICS, that an individual has a propensity for violent or emotionally unstable conduct. Provides that the notification expires: (1) after five years; or (2) when the mental health professional makes a determination that the individual no longer has a propensity for violent or emotionally unstable conduct; whichever occurs earlier.
Sponsor: Frank Mrvan
Coverage of cleft lip and cleft palate management. Specifies that currently required coverage for newly born children related to management of cleft lip and cleft palate includes occupational therapy and speech therapy.
Sponsor: John Young
Cause of action for employer retaliation. Establishes a cause of action for an employee who is affected by an employer's action in retaliation for the employee making a report of child abuse or neglect in good faith. Provides that a prevailing plaintiff may be awarded reasonable attorney's fees. Specifies that the statute of limitations for the cause of action based on such a retaliatory adverse employment action is three years from the date of the adverse employment action.
Sponsor: Justin Busch
Utility consumer counselor. Amends the statute concerning the office of utility consumer counselor (OUCC) as follows: (1) Requires the OUCC to exercise its powers and perform its duties consistent with the state's declared policy to promote investment in utility infrastructure while protecting the affordability of utility services. (2) Requires that before employing its own staff, the OUCC shall make use of engineers, experts, and accountants employed by the utility regulatory commission, the department of environmental management, or the Indiana department of transportation. Specifies that this requirement does not apply to, or otherwise affect the employment of, a person employed by the OUCC as regular staff before July 1, 2019. (3) Provides that the OUCC may employ, with the approval of the governor and the budget agency: (A) on a full-time or part-time basis before July 1, 2019; or (B) on a part-time only basis after June 30, 2019; additional staff with the appropriate expertise for a particular case or investigation. (Current law does not specify that such staff must be part-time.) Specifies that this requirement does not apply to, or otherwise affect the employment of, a person employed by the OUCC before July 1, 2019, on a full-time basis for work on a particular case or investigation.
Sponsor: Heath VanNatter
Excess liability trust fund claims. Provides that, if certain conditions are met, a person who was not an owner or operator of an underground storage tank (UST) at the time of a release from the UST may assume liability for corrective action in response to the release from the UST and may receive reimbursement from the underground petroleum storage tank excess liability trust fund (ELTF). Provides that the administrator of the ELTF: (1) may audit any claim against the ELTF to protect against fraud, waste, and abuse; and (2) may pay from the ELTF, in connection with one eligible release from a UST, not more than $1,500,000 for corrective action and not more than $1,000,000 for third party indemnification claims. Authorizes the department of environmental management (IDEM) to develop, and the underground storage tank financial assurance board to approve, guidelines to assist eligible parties in identifying goods and services for which reimbursement may be paid from the ELTF. Provides that a person to whom the right to receive payment from the ELTF was assigned, in order to receive payment, must provide proof of the assignment to the administrator of the ELTF. Authorizes the commissioner of IDEM to undertake corrective action in response to a release of a regulated substance from a UST if the person who is subject to a corrective action order with respect to the release, through no fault of that person, does not have access to the property that is the subject of the corrective action order.
Sponsor: Susan Glick
Safe and supportive schools and data collection. Requires the department of education (department) to: (1) develop a safe and supportive school framework; (2) create a school monitoring tool; and (3) develop procedures for updating, improving, or refining the safe and supportive school framework and the school monitoring tool. Allows a school corporation, by a vote of the school corporation's governing body, to: (1) implement a safe and supportive school framework; and (2) develop and implement an action plan to create and maintain the safe and supportive school framework. Allows, upon approval, a public school to develop and implement an action plan to create and maintain the safe and supportive school framework. Establishes requirements for an action plan and the posting of action plans. Establishes requirements for the department that include a requirement to establish a safe and supportive school grant program. Establishes the safe and supportive school fund to award grants to school corporations and public schools for the development and implementation of action plans and to provide training to school corporation and public school personnel. Urges the legislative council to assign to an appropriate interim study committee the task of studying school districts, within and outside of Indiana, that have: (1) implemented trauma informed care in the school districts; and (2) worked with community partners to provide systems of care for students. Appropriates: (1) $500,000 to the safe and supportive school fund; and (2) $550,000 for the purpose of funding adverse childhood experience surveying in Indiana through the Centers for Disease Control and Prevention.
Sponsor: Eddie Melton
Incentives for veterans to relocate to Indiana. Establishes the regional veterans hiring initiative fund (fund). Provides that the Indiana economic development corporation (IEDC) shall administer the fund. Allows the IEDC to enter into a regional veterans hiring initiative agreement with: (1) counties, cities, towns, and regional development authorities; and (2) local employers; in a region to provide marketing and recruiting services to attract eligible veterans for employment in the region and provide financial support to eligible veterans who relocate to the region to accept employment. Defines "eligible veteran" as an individual who: (1) served in the armed forces of the United States or their reserves; and (2) has received an honorable discharge within the last six months. Allows the IEDC to make grants or loans to an eligible veteran for authorized purposes. Requires an eligible veteran to repay the money to the IEDC if the veteran: (1) fails to use the money awarded for authorized purposes; or (2) fails to maintain employment with the local employer for at least 12 months following the veteran's initial hiring date. Allows the IEDC to make matching grants to regional development authorities to be used to develop and implement a regional program for marketing and recruiting to attract eligible veterans to the region to accept employment with a local employer. Requires the lieutenant governor to add or assign one employee of the lieutenant governor's office to serve as a liaison between those regional development authorities that have entered into a regional veterans hiring initiative agreement and all state agencies to ensure the coordination and efficiency of the regional development authorities' veterans recruitment programs. Provides a tax credit against state income tax liability of an employer if the following apply: (1) The employer is a party to a regional veterans hiring initiative agreement. (2) The employer employs an eligible veteran during the taxable year. (3) The eligible veteran has maintained continuous full-time employment with the taxpayer for at least 12 months following the veteran's initial hiring date. (4) The IEDC certifies the credit. Provides that the amount of the credit is equal to: (1) $1,000; multiplied by (2) each eligible veteran for whom the employer is allowed a credit for the taxable year. Provides, however, that an employer not claim a credit for an eligible veteran for whom the employer is allowed a credit in more than one taxable year. Allows an employer to carry forward any unused credit amount. Makes an appropriation.
Sponsor: Heath VanNatter
Public safety funding. Makes an appropriation from the state general fund to the department of homeland security for a first responder regional training pilot program used to expand regional training capabilities for firefighters, law enforcement personnel, and EMS personnel.
Sponsor: Ed Charbonneau
A CONCURRENT RESOLUTION congratulating Julia Miller on achieving a perfect ACT score and her other academic accomplishments.
Sponsor: Mike Bohacek
Circuit court clerk matters. Provides that a public school corporation may not provide instruction to students on the day of a primary, municipal, or general election. Provides that an unopposed candidate for a township office may serve as a precinct election officer. Provides that a city may adopt an ordinance to provide for election of the city executive in even-numbered years. Permits a voter who is qualified to vote in person to vote by absentee ballot. Removes all other qualifications for a voter to vote by absentee ballot except for a voter with disabilities who is unable to make a voting mark on the ballot or sign the absentee ballot secrecy envelope. (Such a disabled voter is currently required to vote before an absentee voter board.) Provides that if a political party or a political committee provides an individual with an absentee ballot application, the political party or committee must disclose to the individual the name of the political party or committee that is providing the absentee ballot application. Provides that an application for an absentee ballot that is mailed, transmitted electronically, or hand delivered must be received not later than 12 days before election day. (Current law provides that an application must be received not later than eight days before election day.) Provides that individuals attending conferences for local government officials called by the state board of accounts are entitled to reimbursement of registration fees. Removes the authority of a circuit court clerk to issue hunting, trapping, and fishing licenses. Provides that fees received by the circuit court clerk relating to tax warrants from the department of revenue must be deposited in the clerk's record perpetuation fund. Increases the fee that a circuit court clerk must charge in authentication of a copy of any record, paper, or transcript from $1 to $5. Provides that funds deposited with a circuit court clerk as a condition of bail for a criminal defendant are not subject to garnishment by a judgment creditor of the defendant in a civil action unless the judgment creditor's civil cause of action arises out of the same transaction or occurrence forming the basis of the criminal case against the defendant.
Sponsor: Karen Engleman
Operating a vehicle while intoxicated. Specifies that a court may require that a person with at least one previous conviction of operating while intoxicated may serve the term of imprisonment in an appropriate facility or on home detention with electronic monitoring.
Sponsor: John Young
Golf carts. Allows a golf cart to operate on certain state highways under certain conditions.
Sponsor: Chris Garten
Public employee pensions. Provides that a member of the public employees' retirement fund (PERF) or the Indiana state teachers' retirement fund (TRF) who first performs creditable service after June 30, 2019, is eligible for normal retirement if: (1) the member is at least 65 years of age and has at least 20 years of creditable service (current law requires at least 10 years of creditable service); (2) the member is at least 60 years of age and has at least 25 years of creditable service (current law requires at least 15 years of creditable service); or (3) the member is at least 55 years of age and the member's age plus years of creditable service is at least 95 (current law requires the member's age plus years of creditable service be at least 85). Provides that after June 30, 2019, an individual who becomes a full-time employee of the state for the first time becomes a member of the public employees' defined contribution plan (plan) unless the individual elects to become a member of PERF. (Under current law, an eligible employee becomes a member of PERF unless the employee elects to become a member of the plan.) Provides that after June 30, 2019, an individual who begins employment for the first time in a covered position with a school corporation and is not already a member of TRF becomes a member of the teachers' defined contribution plan unless the individual makes an election to become a member of TRF. (Under current law, an individual who begins employment in a covered position becomes a member of TRF unless the individual elects to become a member of the teachers' defined contribution plan.)
Sponsor: Timothy Brown
Circuit breaker replacement grants. Provides for grants to public libraries in Lake County and St. Joseph County to replace revenue lost to those public libraries from the application of the circuit breaker credit after December 31, 2019. Specifies that a public library is entitled to such a grant in a particular year only if it expects to lose more than 1% of its property tax revenue because of the application of the circuit breaker credits. Appropriates from the state general fund the amounts necessary to make the required grant payments.
Sponsor: Lisa Beck
Veterinarian tax credit. Provides a tax credit against the adjusted gross income tax liability of a veterinary services provider that performs a spay-neuter procedure on a companion animal at no cost to the owner of the companion animal. Defines a "companion animal" as a dog or a cat. Defines "veterinary services provider" as a: (1) veterinarian, if the veterinarian provides veterinary services as a sole proprietor; or (2) professional services corporation or other business entity, if a veterinarian provides veterinary services through the veterinarian's affiliation with the professional services corporation or other business entity. Specifies that the amount of the
Sponsor: David Abbott
Regional development tax credit. Establishes the regional development tax credit (credit). Allows a taxpayer to apply to the Indiana economic development corporation (IEDC) for the credit. Provides that a taxpayer is entitled to a credit against state tax liability if: (1) the taxpayer makes a qualified investment for the redevelopment or rehabilitation of real property that is vacant or underused; (2) the qualified investment is part of a project that is located within the area of a regional development authority and is included in the regional development authority's regional redevelopment plan; and (3) the qualified investment is approved by the IEDC. Specifies the factors that the IEDC shall consider in evaluating a taxpayer's application for a proposed qualified investment. Provides that the amount of the credit is equal to: (1) the qualified investment made by the taxpayer and approved by the IEDC in an agreement; multiplied by (2) the applicable credit percentage determined by the IEDC. Allows a taxpayer to carry forward any unused credit amounts for nine taxable years following the unused credit year. Provides that the aggregate amount of the credits awarded in a state fiscal year may not exceed $50,000,000. Provides that the aggregate amount of EDGE credit awards in a state fiscal year for projects to create new jobs in Indiana may not exceed $100,000,000. Provides that a taxpayer is not entitled to receive any of the following (with certain exceptions): (1) An industrial recovery tax credit for a qualified investment made after December 31, 2019. (2) A community revitalization enhancement district tax credit for a qualified investment made after December 31, 2019. Makes conforming changes.
Sponsor: Ryan Mishler
Advanced practice registered nurses. Allows an advanced practice registered nurse who: (1) had primary responsibility for the treatment and care of a deceased individual for a period longer than six months; and (2) pronounced the time of death for the deceased individual; to enter or sign a record on a death into the Indiana death registration system. Requires the state board of nursing to establish requirements that allow an advanced practice registered nurse to prescribe diabetic medical equipment.
Sponsor: Ben Smaltz
Laura's law. To honor the memory of Laura Russell, provides that if a court denies a request for an arrest warrant involving a crime of domestic violence, a prosecuting attorney may petition a court to hold an ex parte hearing to present additional evidence to establish probable cause. Requires a court to hold the ex parte hearing within 24 hours after the petition is filed. Provides that if a court denies a request for an arrest warrant after the ex parte hearing and issues a summons for the defendant, certain notice of the summons to the victim is required. Requires the service of summons on a defendant concerning an alleged crime of domestic violence to be served by a law enforcement officer. Requires a bail hearing if a person is charged with a crime of domestic violence. Enhances the penalty for invasion of privacy to a Level 6 felony if a person violates a no contact order that was issued as a condition of probation or a bond. Enhances the penalty for domestic battery to a Level 6 felony if a person has a previous conviction of domestic battery. Provides that bail must be revoked for a defendant charged with a crime of domestic violence who violates a no contact order while on bail and who is subsequently charged with invasion of privacy or a subsequent crime of domestic violence.
Sponsor: Terry Goodin
Vehicle Bill. None
Sponsor: Timothy Lanane
Motor carrier fuel surcharge tax. Reimposes the motor carrier fuel surcharge tax (previously repealed by HEA 1290-2018). Reduces the special fuel tax rate by the amount of the motor carrier fuel surcharge tax rate.
Sponsor: Doug Miller
Increases the membership of the Indiana senate to 100 members and the membership of the Indiana house of representatives to 200 members.
Sponsor: Ryan Dvorak
Provides that an individual has the right to full health insurance coverage. Prohibits an employer from infringing on an employee's right to full health insurance coverage by restricting health insurance coverage. Provides that an individual has the right to make the individual's own decisions concerning reproductive health.
Sponsor: Chris Campbell
Removes gender specific references from the Constitution of the State of Indiana. Makes certain other technical changes.
Sponsor: Ryan Dvorak
Provides for an equality of rights because of sex that shall not be abridged or denied by the State of Indiana under the Constitution of the State of Indiana. Prohibits wage discrimination based on sex.
Sponsor: Pat Boy
Earned income tax credit. Increases the amount of the state earned income tax credit. Requires: (1) the department of state revenue to compile a notice with information concerning the federal and state earned income tax credits; and (2) the office of the secretary of family and social services to provide annually the written notice concerning the federal and state earned income tax credits to certain individuals who receive assistance.
Sponsor: Greg Taylor
Establishes the Indiana permanent fund (fund) in the state treasury. Provides that the fund consists of: (1) 50% or such other greater percentage established by law of any general fund budget surplus realized during a state fiscal year; (2) appropriations made to the fund; and (3) other sources designated by law. Provides for the allocation of income among the fund, the state general fund, and other state funds designated by law. Provides that the principal of the fund may be used only for those investments specifically designated by law as eligible for investment from the fund.
Sponsor: Ryan Dvorak
Provides that an individual may not serve more than 12 years as a state senator. Provides that an individual may not serve more than eight years as a state representative. Provides that the time an individual has served as a Senator: (1) before November 5, 2024, if the individual is elected a senator on November 5, 2024; or (2) before November 3, 2026, if the individual is elected a senator on November 8, 2022; may not be considered in determining whether the term limitation applies to the individual. Provides that the time an individual has served as a representative before
Sponsor: Chris Chyung
Bicycle, skateboard, skate, and scooter helmet requirement. Requires a person who is less than 18 years of age to wear a protective helmet when operating or riding on a bicycle, a skateboard, roller skates, inline skates, or a scooter while on public property (the helmet requirement). Provides that: (1) an individual who violates the helmet requirement; or (2) a parent or guardian of an individual who authorizes or knowingly permits the individual to violate the helmet requirement; commits a Class D infraction punishable by a fine of not more than $50. Provides that a law enforcement officer may impound a bicycle, a skateboard, roller skates, inline skates, or a scooter used in a violation of the helmet requirement, and that the law enforcement agency may not release the bicycle, skateboard, roller skates, inline skates, or scooter until the parent or guardian of the individual who committed the violation: (1) appears in person at an office of the law enforcement agency; and (2) provides assurance that the violation will not be repeated.
Sponsor: James Merritt
Drug crisis task force. Establishes the drug crisis task force to prepare an evidence based comprehensive plan that prioritizes the one time and annual funding needed over a 10 year period to address the drug crisis. Sets forth membership and duties of the task force.
Sponsor: Rita Fleming
Controlled projects. Provides that the term "controlled project" in the statute applicable to the issuing of bonds and other evidences of indebtedness by political subdivisions does not include: (1) an infrastructure project; or (2) a project for the construction of a data center. Increases from $25,000,000 to $50,000,000 the aggregate limit of costs of controlled projects for any 365 day period above which a political subdivision is required to conduct a referendum for additional proposed controlled projects.
Sponsor: Chuck Goodrich
Licensed professional geologists. Adds and amends definitions concerning the licensure and practice of geologists. Allows the board of licensure for professional geologists (board) to elect a secretary who is not a member of the board. Requires the board to meet at least two times each year. Allows a licensed geologist to request an informal review within 30 days of receiving a complaint. (Current law allows the request to be made within 20 days.) Provides that if the board compels a licensed geologist to respond to a complaint or charges, the response must be in writing and the notification must be
Sponsor: Blake Doriot
Drug offenses. Removes, adds, or amends certain elements from offenses involving dealing in cocaine or a narcotic drug, dealing in methamphetamine, manufacturing methamphetamine, and dealing in a schedule I, II, or III controlled substance. Increases the penalties in the offense of dealing in a schedule I, II, or III controlled substance.
Sponsor: Wendy McNamara
Property matters. Requires a local health officer to have information establishing probable cause of a public health law or rule violation before a court may issue certain orders concerning the property (current law requires reliable information). Requires a health officer's order of abatement to include the name of the person making the complaint and requires the health officer to report certain information concerning a person who provided false information. Requires the health and hospital corporation of Marion County (corporation) to post notice of an ordinance pending final action on the county's Internet web site. Requires a health officer to provide information concerning a person who made a false report concerning a communicable disease to the person against whom a false report was made. States that a dwelling is unfit for human habitation when the dwelling places a person's health or life in danger (current law states that the dwelling is dangerous or detrimental to life or health). Requires a health officer to provide notice concerning a violation of health, sanitation, and safety and provide a reasonable amount of time to comply with the notice. Specifies language to be included in a notice to quit concerning personal property left on the property after eviction and the time frame in which a landlord can consider the personal property to have been abandoned and the former tenant trespassing if the former tenant reenters the premises. Specifies that a landlord is not responsible for a health code violation by a tenant. Reduces the fines for certain ordinance violations from: (1) $2,500 to $250; and (2) $7,500 to $750.
Sponsor: Michael Young
Public questions. Provides that, except as otherwise specifically provided by a statute, a local public question may be placed on the ballot only at the following elections: (1) A general election. (2) A municipal general election. (3) A special election held on the first Tuesday after the first Monday in November in a year in which neither a general election nor a municipal general election is held. Makes conforming changes.
Sponsor: Rick Niemeyer
Dropout recovery programs. Provides that a school corporation is eligible to receive a dropout prevention grant if the school corporation establishes a dropout prevention program. Establishes requirements for school corporation dropout prevention programs. Makes technical corrections.
Sponsor: Jeff Raatz
Residential landlord-tenant matters. Makes the following changes to the residential landlord-tenant statute: (1) Increases from 10 days to 14 days the time in which a tenant has to cure a failure to pay past-due rent before the landlord may terminate the lease. (2) Provides that a landlord may not initiate an eviction proceeding or otherwise terminate a tenant's lease for certain alleged violations by the tenant unless the landlord provides the tenant with at least 14 days notice and the opportunity to cure the alleged violation. (3) Specifies that a landlord that seeks to terminate for any reason a lease for: (A) a tenancy at will; or (B) a tenancy of not more than three months that extends from one period to the next; must serve advance written notice on the tenant within the statutory time frames for the determination of such tenancies. (4) In the case of a one-year rental agreement for a unfurnished rental unit, prohibits a landlord from requiring a tenant to pay as a security deposit an amount that exceeds one monthly installment of rent. (5) Requires a landlord to give a tenant at least 60 days written notice before: (A) modifying the rental agreement in any way; or (B) increasing the rent. (Current law requires a landlord to give at least 30 days written notice before modifying the rental agreement in any way.) (6) Requires a landlord to give a tenant at least 48 hours advance notice of the landlord's intent to enter the tenant's dwelling unit. (Current law requires a landlord to give reasonable notice of the landlord's intent to enter a dwelling unit.) (7) Provides that before a landlord may bring a court action to enforce a statutory obligation of a tenant, the landlord must: (A) serve written notice on the tenant of the tenant's noncompliance with the obligation; and (B) give the tenant at least 14 days from the date the notice is served to remedy the noncompliance. (Current law does not require the notice to be written and provides that the tenant must be given a reasonable amount of time to remedy the noncompliance.) (8) Defines: (A) "essential services" as certain utility services needed for the safe and habitable occupation by a tenant of the tenant's rental unit; and (B) "essential systems" as certain systems used to deliver essential services to a rental unit. Requires a landlord to repair or replace an essential system not later than 24 hours after being notified by a tenant that the tenant's rental unit is without essential services as a result of: (A) a malfunction in the essential system; or (B) the landlord's failure to maintain the system in good and safe working condition. (9) Provides that a tenant may enforce a statutory obligation of a landlord by: (A) providing 30 days notice to the landlord of the landlord's noncompliance with the obligation; and (B) if the landlord fails to make the repairs necessary to remedy the noncompliance, withholding from the next regular rental payment the estimated cost of the repairs and using the amount withheld to make the repairs. (10) Provides that during the pendency of a court action brought by a tenant to enforce a statutory obligation of a landlord, the court may order the tenant to make the regular rental payments otherwise due to the landlord under the rental agreement to: (A) the clerk of the court; or (B) an attorney trust account; to be held in trust for disbursal to the prevailing party, as ordered by the court. (11) Prohibits a court or the operator of a case management system from disclosing information relating to an eviction action: (A) if the case is dismissed, or if the tenant prevails in the action or upon appeal; or (B) upon order of the court after a petition to prohibit disclosure is made by the tenant: (i) not earlier than five years after a judgment of eviction against the tenant becomes final; or (ii) at least one year after the case was filed if the case remains pending with no judgment. (12) Establishes the Indiana eviction prevention and reduction program to: (A) avoid the filing of unnecessary eviction actions; and (B) reduce the number of eviction judgments entered; with respect to residential rental units. Provides that the Indiana housing and community development authority (authority) shall administer the program. Requires the authority to establish, not later than January 1, 2020, policies and procedures to implement and administer the program. (13) Provides that a landlord that knowingly: (A) advertises for rent in Indiana; or (B) enters, or offers to enter into, a rental agreement for the lease of; a rental unit for which an enforcement authority has issued an order under the unsafe building law; commits fraudulent leasing, a Class A misdemeanor.
Sponsor: Eddie Melton
Residential wastewater treatment devices. Provides for the submission of a proprietary residential wastewater treatment device to the state department of health (state department) for a determination of whether the proprietary residential wastewater treatment device will be authorized for use in residential septic systems. Requires the state department to authorize the use of a proprietary residential wastewater treatment device if certain conditions are met. Requires the executive board of the state department to adopt rules concerning the evaluation of proprietary residential wastewater treatment devices.
Sponsor: James Tomes
Financial aid for military reservists. Provides that a student may apply to participate in the twenty-first century scholars program before or during enrollment in grade 12 without meeting family income requirements if the student agrees to enlist in a reserve component of the armed services. Makes conforming amendments.
Sponsor: Victoria Spartz
EMT seizure of drugs and paraphernalia. Requires the Indiana emergency medical services commission, after consultation with the state police department, to adopt a protocol concerning the seizure, transportation, and temporary storage of illegal controlled substances and drug paraphernalia. Authorizes an emergency medical services provider who has administered an overdose intervention drug to a patient to seize illegal controlled substances and drug paraphernalia that the provider observes in plain view. Provides immunity to the provider for acts or omissions occurring in connection with the seizure, transportation, and storage of illegal controlled substances and drug paraphernalia.
Sponsor: Jean Leising
Agricultural hemp. Authorizes the Indiana state department of agriculture (department) to establish an agricultural state plan to study the growth, cultivation, and marketing of hemp and hemp products. Provides that the agricultural state plan administered by the department, and the agricultural pilot program issued by the state seed commissioner, are separate programs. Establishes the hemp commodities review board to provide recommendations to the department. Provides that a person who complies with the requirements of the state industrial hemp law is not subject to any civil action or criminal proceeding for engaging in an activity allowed under the state industrial hemp law. Requires the department to adopt rules to implement the agricultural state plan. Prohibits the department from issuing a license before June 30, 2020. Defines "hemp" and "hemp product". Specifies that the agricultural pilot program administered by the state seed commissioner is for research and scientific study in conjunction with a state educational institution. Removes a requirement that the seed commissioner apply for necessary permissions, waivers, or other forms of legal status by the United States Drug Enforcement Agency or other appropriate federal agency to implement their hemp research program. Specifies that the definitions of: (1) "controlled substance"; (2) "controlled substance analog"; (3) "hashish"; (4) "hash oil"; and (5) "marijuana"; do not include hemp or hemp product. Makes conforming changes.
Sponsor: Jim Lucas
Small breweries. Allows a small brewer to have three additional locations where the brewer may conduct any business that is authorized at the brewery, except for the manufacturing of beer. Provides that if a minor is accompanied by a parent, legal guardian, custodian, or family member who is at least 21 years of age, the minor may be present in any area of the brewery where the accompanying adult may be present.
Sponsor: Ronnie Alting
Registry of animal related offenses. Defines "animal related offense" and requires the Indiana criminal justice institute (institute) to establish an electronic animal abuse registry containing certain information about every person convicted of an animal related offense after December 31, 2019. Requires the institute to publish the registry on the institute's Internet web site and provides that the registry must be searchable and available to the public. Requires the institute to adopt rules establishing a procedure under which a person whose name is erroneously included in the registry can notify the institute of the erroneous inclusion and the institute will promptly remove the information about the person from the registry.
Sponsor: James Merritt
Emergency hospital protocols for births. Requires a hospital that provides birthing and labor services to establish and implement emergency protocols to follow concerning: (1) hemorrhaging; and (2) hypertension crisis.
Sponsor: Rita Fleming
Labeling of food products. Provides that a food product is misbranded for purposes of the animal products law, and may not be sold or offered for sale, if: (1) the product is not derived from harvested livestock or poultry but the labeling of the product states or implies that the product is a meat product or poultry product; or (2) the product consists partially or entirely of tissue cultured in vitro from animal cells and the labeling of the product does not clearly state that the product contains tissue cultured in vitro from animal cells. Authorizes the state board of animal health to adopt rules providing that: (1) food products not derived from harvested livestock or poultry; and (2) food products that contain tissue cultured in vitro from animal cells; shall not be misbranded. Amends the law concerning dairy products to prohibit the sale or offering for sale of a food or drink product if: (1) the product does not consist of and is not derived from the milk of a cow, goat, or other mammal; and (2) the labeling of the product states or implies that the product is a dairy product.
Sponsor: Terry Goodin
529 college savings contribution tax credit. Eliminates the requirement that a taxpayer designate whether a contribution to a college choice 529 education savings plan will be used: (1) for qualified higher education expenses that are not qualified K-12 education expenses; or (2) for qualified K-12 education expenses. Eliminates the requirement that the Indiana education savings authority use subaccounting to track designations of withdrawals.
Sponsor: Victoria Spartz
Strategic plan on dementia. Requires the state department of health to develop a strategic plan concerning dementia in Indiana. Establishes the Indiana dementia council (council) and sets forth duties of the council. Beginning June 30, 2021, requires the council to submit a report to the governor's office and the general assembly concerning dementia, research on Alzheimer's disease, and the outcomes of implementing the dementia strategic plan.
Sponsor: Gregory Porter
Micro wine wholesaler's permits. Provides that the holder of a farm winery permit may also hold a micro wine wholesaler's permit without complying with the requirements for holding a beer wholesaler's permit or liquor wholesaler's permit. Moves provisions regarding micro wine wholesaler's permits to the chapter of the Indiana Code concerning wine wholesaler's permits.
Sponsor: Ronnie Alting
Precinct committeemen. Provides that in order for a precinct committeeman or a precinct vice committeeman (exercising the precinct committeeman's proxy) to participate in a caucus to fill a vacancy, the committeeman or vice committeeman must be entitled to vote for the office for which a successor is to be selected in the caucus.
Sponsor: Jack Sandlin
Continuous prescription drug coverage. Prohibits state employee health plans, Medicaid programs, accident and sickness insurers, and health maintenance organizations from changing coverage of a prescribed drug during the continuous enrollment of a covered individual, recipient, or enrollee. Specifies requirements for coverage exception requests and discontinuation of certain coverage.
Sponsor: Elizabeth Brown
Children in need of services. Requires a court to: (1) provide that a foster parent or other caretaker with whom the child has been placed for temporary care has standing; and (2) allow a foster parent or other caretaker with whom the child has been placed for temporary care to present evidence to the court and make recommendations; at a detention hearing. Requires a court to: (1) provide that a foster parent or other caretaker with whom the child has been placed for temporary care has standing to appeal a decision by the court; and (2) allow a foster parent or other caretaker with whom the child has been placed for temporary care to be heard, present evidence, and make recommendations to the court; at a dispositional hearing. Requires a court to grant a petition to intervene filed in a child in need of services proceeding by a foster parent, long term foster parent, or a person who has been a foster parent of the child who is the subject of the proceeding if the petitioner has also filed: (1) a petition to adopt; or (2) a petition to terminate the parent-child relationship; concerning the child who is the subject of the child in need of services proceeding. Provides that if: (1) a child has been removed from a parent and has been under the supervision of the department of child services for 15 of the most recent 22 months; and (2) a petition to terminate the parent-child relationship has not been filed; the court shall order the department to file a petition to terminate the parent-child relationship within 15 days of the order. Provides that failure to obey the court order is punishable as contempt of court.
Sponsor: Jon Ford
Use of state funds for broadband projects. Defines a "qualified broadband project" as a project for the deployment of broadband infrastructure to provide broadband service for connections to the Internet at specified speeds, regardless of the delivery technology, in unserved areas in Indiana. Defines an "unserved area" as a geographic area of Indiana in which there is not at least one provider of terrestrial broadband service at the designated speeds. Provides that after June 30, 2019, the following apply with respect to grants made by state agencies (awarding agencies) for broadband infrastructure: (1) An awarding agency may not award a new state broadband grant unless the grant is for a qualified broadband project. (2) An awarding agency may allocate or release state funds for a state broadband grant awarded to a recipient before July 1, 2019, subject to certain conditions. (3) In awarding a new state broadband grant, an awarding agency must either: (A) evaluate all grant applications and determine all grant recipients and award amounts in accordance with the criteria set forth in the statute authorizing the office of community and rural affairs (office) to award broadband grants for qualified broadband service in unserved areas; or (B) submit all grant applications received to the office for: (i) evaluation; and (ii) the determination of grant recipients and award amounts, or the recommendation of grant recipients and award amounts; in accordance with the criteria set forth in the statute. Sets forth requirements for: (1) an awarding agency that elects to perform its own evaluations and determinations with respect to the agency's state broadband grants; and (2) an agency that elects to submit its grant applications to the office for: (A) evaluation; and (B) the determination or recommendation of grant recipients and award amounts. Makes a conforming amendment to the definition of "broadband services" set forth in the statute concerning the broadband ready communities development center.
Sponsor: Erin Houchin
Feed-in tariff for renewable energy facilities. Requires the utility regulatory commission (IURC) to adopt rules to establish an electric utility feed-in tariff (FIT) program. Provides that the rules adopted must do the following: (1) Require all jurisdictional municipally owned electric utilities (utilities) to offer a FIT to eligible customers (including persons that are not existing customers of the electric utility) not later than July 1, 2020. (2) Require utilities, upon the request of an eligible customer, to enter into a contract, for a term of at least 10 years, for the purchase of electricity generated by a renewable energy facility (facility) located in Indiana at a site at which the utility provides, or will provide, retail electric service to the eligible customer. (3) Allow an electric utility to do the following, subject to the approval of the IURC: (A) Require a minimum size or capacity, not to exceed one megawatt, for facilities participating in the program. (B) Establish a cap with respect to the maximum aggregate capacity for all participating facilities under the electric utility's FIT program. (C) Establish a maximum size or capacity limit, which may not be less than 20 megawatts, for a participating facility. (4) Establish appropriate standards for interconnections between facilities and utilities' electric systems. (5) Establish appropriate FITs for participating facilities, with separate rates for electricity generated from each type of qualifying renewable energy resource under the program. (6) Require that any renewable energy credit or clean energy credit earned by a utility under the program be retired. (7) Prohibit an electric utility from requiring that a person that otherwise qualifies to participate in the electric utility's FIT program to be a customer of the electric utility for any period of time before enrolling in the electric utility's FIT program. Requires the IURC to ensure that the program complies with certain federal laws, regulations, and orders. Requires the IURC to develop and make available a standard contract for use by utilities in entering into contracts with eligible customers under the program. Requires the IURC to include certain information concerning the program in its annual report to the interim study committee on energy, utilities, and telecommunications.
Sponsor: Dennis Kruse
Automated traffic control in construction zones. Authorizes the state police department to establish an automated traffic control system pilot program to enforce highway work zone speed limits.
Sponsor: Charles Moseley
Alternate diplomas. Provides that an alternate diploma must be considered as an option for a student if all other diploma options have been determined to be inappropriate for the student. Provides that, if: (1) a student is unable to receive an alternate diploma due to the limitation that not more than 1% of students may receive alternate diplomas; and (2) the student's case conference committee requests a waiver of that limitation; the school in which the student is enrolled shall request that the department grant a waiver to allow the student to receive an alternate diploma.
Sponsor: Erin Houchin
Postsecondary education awards. Provides that, if an individual: (1) is awarded a state funded scholarship, grant, stipend, or tuition and fee remission; and (2) uses the award to attain a baccalaureate degree or its equivalent; the individual may not receive any amount of award remaining, including any renewals or extensions, from the scholarship, grant, stipend, or tuition and fee remission to use for any additional postsecondary education. Repeals a statute that reduces the educational costs exemption that certain eligible applicants receive based on the rating of a service connected disability the eligible applicant's mother or father suffered.
Sponsor: Aaron Freeman
Subdividing land. Allows a property owner to subdivide an original parcel by deed, if the parcel is being subdivided to build or expand a residential structure or home, the use is a permitted use, the deed is recorded, a plat drawing is submitted to the political subdivision, and the lot is served by a permitted septic, sewer system, or package plant for sewage treatment. Provides that if the subdivision control ordinance applies to the subdivision of the parcel, the subdivision of the parcel must comply with the ordinance except for requirements regarding lot size.
Sponsor: Jeff Ellington
Corrections matters. Eliminates the community transition program. Removes the requirement for the department of correction (IDOC) to provide a yearly report outlining the operational cost savings from the implementation of HEA 1006-2014. Removes the requirement for IDOC to provide a monthly report on population snapshots, admissions, and release trends. Eliminates the boot camp for youthful offenders program. Provides that when a person imprisoned for a felony completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to that term, the person shall be as soon as practicable, but not later than five business days, released on parole, discharged, or released to the committing court if the sentence included a period of probation.
Sponsor: Sharon Negele
Adoption tax credits and reporting. Provides an adjusted gross income tax credit for an individual who adopts an adult disabled child of the individual's spouse. Provides that the tax credit is equal to the lesser of: (1) the total amount of the individual's qualified adoption expenses that would have been computed as an allowable credit on the individual's federal return had the individual been entitled to claim the credit provided by Section 23 of the Internal Revenue Code for an adoption of an adult disabled child of the individual's spouse multiplied by 10%; or (2) $1,000; for each adult disabled child. Provides that a petition for adoption of an adult is not required to include a report regarding the health status and medical history of the adoptee.
Sponsor: Eric Koch
Law enforcement training. Requires law enforcement officers to receive training in identifying, responding to, and reporting bias motivated crimes in which the person who committed a criminal offense selected the victim who was injured or whose property was damaged because of the individual's actual or perceived race, color, creed, disability, national origin, religion, sexual orientation, gender, or gender identity.
Sponsor: Greg Taylor
Uniform partition of heirs property act. Provides for the partition of heirs property.
Sponsor: Sharon Negele
Taxing area for fire protection services. Authorizes the River Ridge Development Authority (authority) to create a taxing area within the boundaries of the authority to capture incremental sales tax and income tax to be transferred to the River Ridge fire protection fund (fund). Establishes the fund. Provides that, if a taxing area is established, the revenue from the taxing area shall be deposited in the fund to be used to provide for, or contract with other municipalities to provide for, fire protection for the authority. Provides that the authority shall administer the fund. Caps the total amount of state income taxes and sales taxes annually captured in the tax area at $1,200,000. Expires the tax area after 10 years.
Sponsor: Ronald Grooms
Addiction counselors. Urges the legislative council to assign to an appropriate interim study committee the task of studying the need to have additional addiction counselors in Indiana by allowing certain qualified individuals to be able to practice as addiction counselors.
Sponsor: James Merritt
Professional sports development commission. Establishes the northwest Indiana professional sports development commission. Authorizes the commission to study various plans and recommendations that are proposed with respect to attracting a professional sports franchise to northwest Indiana. Authorizes the commission to prepare a comprehensive master plan for building the facilities and other infrastructure necessary for attracting and developing one or more professional sports franchises in northwest Indiana. Creates the professional sports development fund.
Sponsor: Earl Harris
Tax deduction for Ohio River bridge tolls. Provides an income tax deduction to qualified individuals who pay tolls to cross a bridge across the Ohio River that has its northern terminus in Clark County. Provides that a qualified individual is an individual who: (1) resides in Clark County; (2) incurs at least $100 in nonreimbursed toll expenses to cross the Ohio River bridge in Clark County during a taxable year; and (3) has a Riverlink personal account. Provides that the amount of the tax deduction may not exceed the lesser of: (1) the amount of nonreimbursed tolls paid by the qualified individual during the taxable year; or (2) $500.
Sponsor: Ronald Grooms
Medicaid managed care matters. Establishes the joint commission on Medicaid oversight with the authority to meet throughout the year. Sets forth responsibilities of the commission. Repeals a statute specifying that Medicaid laws, with respect to managed care organizations, are controlling over insurance laws. Prohibits the office of Medicaid policy and planning or a contractor of the office from denying, delaying, or decreasing the amount of payment for a medically necessary covered service based on a lack of eligibility or coverage if the Medicaid provider meets certain requirements. Requires the secretary of the office of family and social services to adopt rules establishing a dispute resolution procedure for disputes between Medicaid providers and Medicaid contractors.
Sponsor: James Merritt
Funding of NAS pilot project. Extends the expiration date of the maternal neonatal opioid addiction project to January 1, 2022. Makes an appropriation from the state general fund to the project.
Sponsor: James Merritt
Appropriation for first responder monument. Makes an appropriation to the department of homeland security to facilitate the design, prototyping, fabrication, and installation of the American First Responders Memorial Monument.
Sponsor: Mike Speedy
State board of animal health exclusive authority. Prohibits an individual or entity from inspecting grounds or facilities that are located in Indiana and used for: (1) the production of eggs; (2) the production of milk or other dairy products; (3) the raising of livestock or poultry; or (4) the production or raising of dogs or other animals that are not used to produce food products; to enforce or carry out the laws or administrative rules of a state other than Indiana.
Sponsor: James Tomes
Broadband development funding. Provides that a state agency that awards a grant to a broadband service provider for purposes of extending broadband service to unserved areas must follow procedures established and guidelines adopted by the office of community and rural affairs for the award of such grants. Provides that a state agency may not award a grant of more than $5,000,000 for any one qualified broadband project. Establishes the rural broadband fund (fund) for the purpose of awarding grants for funding of deployment of broadband infrastructure in unserved areas. Provides that the office of community and rural affairs may make grants from the fund for the purpose of awarding grants for funding of deployment of broadband infrastructure in unserved areas. Makes technical corrections.
Sponsor: Mark Messmer
Distribution of local income taxes. Phases in a new distribution formula for certain local income tax (LIT) revenue using a weighted combination of property tax levies and total residential assessed value for taxing units receiving this LIT revenue. Phases in the weights over four years beginning in 2021.
Sponsor: Jeffrey Thompson
Medicaid rehabilitation option reimbursement. Requires the office of the secretary to reimburse any Medicaid provider that meets specified requirements for the provision of Medicaid rehabilitation option services to an eligible Medicaid recipient.
Sponsor: James Merritt
Regulation of certain professions and occupations. Eliminates the professional licensing agency (PLA). Establishes the health professions licensing agency (HPLA) within the state department of health to license health professions. Requires the state health commissioner to appoint the director and deputy directors of the HPLA. Establishes the workforce licensing agency (WLA) within the department of workforce development to license occupations that are not health professions. Requires the commissioner of the department of workforce development to appoint the director and deputy directors of the WLA. Requires the WLA to operate and maintain the electronic registry of professions. Transfers responsibilities under the INSPECT program from the PLA to the HPLA. Removes the requirements that the directors of the HPLA and the WLA execute a surety bond. Establishes transition provisions. Makes conforming changes. Removes expired provisions. Makes technical changes.
Sponsor: James Merritt
Medical cannabis. Defines "qualifying patient", and permits a qualifying patient to use medical cannabis under certain circumstances. Requires the state department of health to adopt rules before July 1, 2020: (1) concerning the use, distribution, cultivation, production, and testing of medical cannabis; and (2) developing and implementing a medical cannabis registry. Provides limited reciprocity for holders of nonresident medical cannabis cards. Provides immunity from civil and criminal liability for physicians who recommend the medical use of cannabis. Provides a defense to: (1) arrest; and (2) criminal prosecution; for marijuana possession and use in certain circumstances. Makes conforming amendments. Makes a technical correction.
Sponsor: Sue Errington
Right to repair. Requires a manufacturer of a consumer electronic device that is sold in Indiana to: (1) provide to an independent service provider or owner of the electronic device any service documentation the manufacturer provides to its authorized service providers; and (2) make available for purchase, upon reasonable terms, any service part the manufacturer provides to its authorized service providers (the requirements). Provides that the requirements do not apply to manufacturers of: (1) motor vehicles; or (2) medical devices. Provides for the following exceptions to the requirements: (1) Provides that a manufacturer is not required to provide: (A) information unrelated to diagnostic, maintenance, or repair service; or (B) service documentation or service parts to which the manufacturer does not have access. (2) Provides that a manufacturer is not required to provide to an independent service provider or owner service information that the manufacturer has provided to an aftermarket vendor that: (A) sells or publishes service information for consumer electronic devices; or (B) makes and sells tools or software for diagnosing, maintaining, or repairing the manufacturer's consumer electronic device. (3) Provides that a manufacturer is not required to divulge a trade secret. Provides that a manufacturer that sells service documentation to an independent service provider or owner: (1) in a format that is standardized with respect to comparable information supplied by manufacturers of comparable consumer electronic devices; and (2) under terms and conditions more favorable than the terms and conditions under which the manufacturer provides the information to an authorized service provider; may not require an authorized service provider to purchase the service documentation in a proprietary format unless the proprietary format includes content or functionality that is not available in the standardized format. Provides that a violation of the requirements is: (1) actionable by the attorney general as; and (2) subject to the remedies and penalties that apply to; a deceptive consumer sales practice.
Sponsor: Terry Goodin
Annexation. Provides that after June 30, 2019, an annexation may be initiated only as follows: (1) By a petition requesting annexation that is signed by 100% of the affected property owners. (2) By a municipality, if the territory is contiguous and 100% of the affected property owners consent to the annexation. (3) By a municipality, if the territory is noncontiguous and contains certain facilities that are owned or operated by the municipality or owned by a property owner that consents to the annexation. Establishes requirements for a property owner to consent to an annexation. Provides that the following provisions do not apply to an annexation for which an ordinance is adopted after June 30, 2019: (1) Annexation remonstrances. (2) Reimbursement of remonstrators' attorney's fees and costs. (3) Municipal outreach programs. (4) Annexations requested by petition of at least 51% of property owners. Provides that a settlement agreement in lieu of annexation that is executed after June 30, 2019, is void. Eliminates provisions regarding the contiguity of a public highway.
Sponsor: Jeff Ellington
Annexation waivers and fire protection districts. Provides the following with regard to a waiver of remonstrance of annexation: (1) A waiver executed before, on, or after July 1, 2019 expires 10 years after the waiver is executed. (2) A waiver executed before, on, or after June 30, 2019, is void if the waiver is recorded more than 90 business days after the date the waiver was executed. Provides that an area located within certain fire protection districts (including any area added to the fire protection district after the district is established) remains within the fire protection district after the annexation. (Current law provides that the annexed area ceases to be a part of the fire protection district when the municipality begins to provide fire protection services to the area.)
Sponsor: Jeff Ellington
Funding for housing victims of domestic violence. Makes an appropriation from the state general fund to the Indiana housing and community development authority (IHCDA). Provides that the appropriation is for the IHCDA's use in leveraging matching funds to provide housing to eligible persons experiencing a housing crisis because of domestic or family violence.
Sponsor: James Merritt
Driving cards. Provides for the issuance of driving cards and driving card learner's permits (cards) to residents of Indiana who cannot provide proof of identity and lawful status in the United States. Provides that cards may not be used for federal identification or any federal purposes. Requires that an individual who holds a card and operates a motor vehicle must verify that financial responsibility on any motor vehicle that the holder operates is continuously maintained in the amounts required by law. Makes conforming amendments. Makes technical corrections.
Sponsor: David Niezgodski
School equity grants. Establishes the equity education grants (grant). Provides that a school corporation is eligible to receive a $2,000 grant per school year for each student who is in the lowest performing ethnic or racial subgroup based on the ILEARN program assessment results for the previous school year and is either: (1) eligible for free or reduced price lunch; or (2) a foster child.
Sponsor: Gregory Porter
Various alcoholic beverage provisions. Allows the following to sell alcoholic beverages for carryout on Sunday from 7 a.m. until 3 a.m. the following day: (1) A package liquor store, grocery store, convenience store, or drug store. (2) A restaurant that satisfies the requirements to sell carryout. Provides the following effective July 1, 2020: (1) Allows a grocery store (which includes a convenience store) or drug store to sell cold beer. (2) Eliminates the restriction on the commodities that a package liquor store may sell. (3) Requires that a sales clerk in a grocery store or drug store, in order to sell alcoholic beverages, must be at least 21 years of age, have an employee's permit, and complete a server program. (4) Increases dealer permit fees and judgments for alcoholic beverage infractions, and deposits the amount of the increases into the alcohol and tobacco commission's enforcement and administration fund. Increases the alcohol and tobacco commission's maximum civil penalty limit for violations by some permittees. Makes stylistic changes.
Sponsor: Philip Boots
Radon testing in schools. Requires every building that is used by a public school or nonpublic school: (1) where students are regularly present; (2) that contains a licensed child care center; or (3) that contains a licensed child care ministry; to be tested for the presence of radon gas or radon progeny before July 1, 2020, and at least one time every five years thereafter. Provides that the superintendent of the school corporation or chief administrative officer of the nonpublic school, in consultation with the state department of health (state department) and the principal of each school to be tested, shall determine: (1) the buildings to be tested; (2) the locations to be tested within each building; (3) the method of testing; and (4) the procedures concerning notification and circulation of the testing results. Requires the test results to be submitted to the state department. Requires the tests to be conducted by a person certified to perform radon testing.
Sponsor: Eddie Melton
Licensure of naturopathic physicians. Provides for the licensure of naturopathic physicians. Specifies certain individuals who are not required to be licensed. Establishes the board of naturopathic medicine (board). Establishes license requirements. Requires licensed naturopathic physicians to obtain continuing education for license renewal. Establishes the naturopathic formulary council to establish a formulary for naturopathic physicians. Establishes the childbirth attendance advisory committee to provide recommendation concerning the practice of naturopathic childbirth. Provides that an individual who is not licensed may not use certain descriptions, titles, or initials to indicate or imply that the individual is a licensed naturopathic physician. Establishes criminal penalties for certain violations.
Sponsor: David Niezgodski
Property tax deductions for veterans. Provides that a veteran who is classified as individually unemployable is entitled to a property tax deduction. Removes the limit on the gross assessed value of property eligible for the property tax deduction for a veteran who is totally disabled, is at least 62 years of age and has a disability of at least 10%, or is individually unemployable. Provides that the surviving spouse of an individual who dies while serving in the military or naval forces of the United States is entitled to a property tax deduction.
Sponsor: Erin Houchin
Additional service credit for teacher mentoring. Provides that certain public school teachers who are members of the Indiana state teachers' retirement fund are granted additional service credit for serving as a mentor to other teachers under a mentoring program adopted by the school corporation that employs the mentor.
Sponsor: Anthony Cook
EMS personnel licensure interstate compact. Implements the emergency medical services personnel licensure interstate compact.
Sponsor: Ed Charbonneau
Economic development. Requires the Indiana economic development corporation (corporation) to study and develop recommendations for economic development tools for local communities in distressed areas. Adds the city of Gary as a qualified municipality under the entrepreneur and enterprise district pilot program (program). Provides that the city of Gary may receive a grant of up to $1,000,000 per year under the program. Increases the amount the corporation may allocate from the Indiana twenty-first century research and technology fund to district boards established under the program from $2,000,000 to $3,000,000 per year.
Sponsor: Eddie Melton
Medicaid direct primary care services pilot program. Requires the office of the secretary of family and social services (office) to apply to the United States Department of Health and Human Services for a Medicaid waiver or Medicaid state plan amendment necessary to allow the office to implement a direct primary care services pilot program for Medicaid recipients. Sets forth requirements of the program, participants, and direct primary care services providers. Requires the office to submit a quarterly report to the general assembly containing specified information concerning the pilot program.
Sponsor: Eric Koch
College grant pilot program. Establishes the higher education grant pilot program (pilot program) for the purpose of defraying the cost of attending Indiana state postsecondary institutions. Provides that the commission for higher education (commission) shall administer the program. Provides that Indiana high school graduates who have resided for at least one year in one of the following counties are eligible for a grant under the pilot program: (1) Allen County. (2) Jackson County. (3) Lake County. (4) Marion County. (5) Vanderburgh County. Provides that an applicant for a grant under the pilot program must file the Free Application for Federal Student Aid (FAFSA) and accept all offered federal scholarships and grants for the academic year. Provides that a grant under the pilot program must be in an amount sufficient to pay the difference between: (1) the amount of other financial aid (not including loans) received by the grant recipient for the academic year; and (2) the amount of the grant recipient's: (A) mandatory tuition and fees; (B) cost of books, supplies, and equipment; and (C) if the grant recipient's household income is less than 250% of the federal income poverty level, cost of room and board; for the academic year. Provides that to maintain eligibility to receive a grant under the pilot program for the next academic year, a recipient of a grant under the pilot program must: (1) maintain continuous enrollment as a part-time or full-time student at a state educational institution; (2) maintain a grade point average of 2.0 on a 4.0 scale; and (3) perform at least eight hours of community service each semester; during the academic year for which the individual receives the grant. Provides that at least 5% of the funds distributed as grants under the pilot program must come from private donations. Requires the general assembly to appropriate funds sufficient to provide grants under the pilot program in the number and amount projected by the commission to be awarded in the state fiscal year. Provides that an individual may not receive grant funds under the pilot program for more than 124 credit hours. Requires a recipient of a grant under the pilot program to reside in Indiana for at least two years following the recipient's graduation from the undergraduate program for which the recipient receives the grant, and requires a grant recipient who does not comply with this requirement to repay to the commission a prorated amount of the grant funds based on the proportion of the two-year period during which the recipient did not maintain continuous residence in Indiana. Provides that grant funds under the pilot program are paid directly to the state educational institution at which the grant recipient is enrolled. Establishes the Indiana promise fund for the purposes of maintaining and distributing grant funds under the pilot program. Provides that the commission may establish a career counseling requirement for recipients of grants under the pilot program. Requires the commission to report to the governor and the legislative council regarding the pilot program and any suggested changes to the pilot program not later than October 1, 2024.
Sponsor: Eddie Melton
Tax credit for bridge toll expenses. Provides a state tax credit to qualified businesses that pay tolls to cross certain Ohio River bridges. Provides that a qualified business is a business entity that: (1) is authorized to transact business in Indiana; (2) maintains its principal office, or a branch office, in Clark County or Floyd County; (3) incurs at least $500 of qualified toll expenses to cross certain Ohio River bridges during a taxable year; and (4) has a Riverlink commercial account. Provides that the amount of the tax credit may not exceed the lesser of: (1) the amount of qualified toll expenses paid by the qualified business during the taxable year; or (2) $1,000. Provides that a business entity wishing to claim the credit must file an application with the department of state revenue during the taxable year requesting certification of the business entity as a qualified business for that taxable year.
Sponsor: Ronald Grooms
Mandatory kindergarten. Provides that, beginning with the 2019-2020 school year, a student shall enroll in a kindergarten program not later than the fall term of the school year if the student is five years of age on August 1 of that school year. Makes conforming amendments.
Sponsor: Tonya Pfaff
Employer firearms policies. Provides that a person who: (1) discovers, as a result of an illegal entry into a motor vehicle owned or possessed by the person, that a firearm legally owned or possessed by the person was stolen from the motor vehicle; and (2) reports the theft of the firearm from the motor vehicle to a law enforcement agency; is immune from any adverse administrative sanction concerning the possession of a firearm or ammunition on the property of an approved postsecondary educational institution in certain instances. Provides that a person is required to prove, by a preponderance of the evidence, that the person did not knowingly or intentionally violate any administrative regulation or comparable prohibition concerning the possession of a firearm or ammunition on the property of an approved postsecondary educational institution when raising the defense of immunity.
Sponsor: Jon Ford
Hyperbaric oxygen therapy pilot programs. Eliminates the requirement that a veteran pay a 10% co-pay for treatment received under the hyperbaric oxygen treatment pilot program. Eliminates the requirement that treatment plans for a veteran specify the sources of funding for treating the veteran. Postpones the expiration of the pilot program from June 30, 2020, to June 30, 2021. Establishes a pilot program to treat opioid addiction with hyperbaric oxygen therapy. Appropriates $500,000 to the Indiana department of veterans' affairs for making grants and administering the hyperbaric oxygen treatment pilot program for veterans. Appropriates $500,000 to the state department of health to administer the pilot program for treating opioid addiction with hyperbaric oxygen therapy.
Sponsor: Chris Garten
Medical marijuana. Permits the cultivation, dispensing, and use of medical marijuana by persons with serious medical conditions. Requires the state department of health to implement and enforce the medical marijuana program. Prohibits discrimination against medical marijuana users. Prohibits harassment of medical marijuana users by law enforcement officers, and prohibits cooperation with federal law enforcement officials seeking to enforce federal laws that criminalize the use of marijuana authorized in Indiana. Provides for the disposal of unused medical marijuana. Makes conforming amendments.
Sponsor: Pat Boy
Hospitals. Specifies that only general acute hospitals may post community wayfinding signage for hospitals. Requires the state department of health to, beginning May 1, 2020, designate hospitals as: (1) general acute hospitals; (2) specialty hospitals; or (3) limited service hospitals; when issuing or renewing a hospital license and sets forth requirements for each designation. Specifies that only a general acute hospital may use the term "hospital" when marketing to or soliciting business from the public. Beginning May 1, 2020, a hospital license expires two years from the date of issuance. (Current law requires a hospital license to expire one year after issuance.)
Sponsor: Timothy Brown
Redistricting. Establishes a redistricting commission (commission) to create, hold hearings on, take public comment about, and recommend plans to redraw general assembly districts and congressional districts. Requires the legislative services agency (agency) to provide staff and administrative services to the commission. Establishes standards to govern the commission and the agency in the creation of redistricting plans. Provides that the general assembly shall meet and enact redistricting plans before October 1 of a redistricting year. Authorizes the general assembly to convene in a session to act on redistricting bills at times other than the times the general assembly is currently authorized to meet. Repeals the current law establishing a redistricting commission for congressional redistricting.
Sponsor: Pat Boy
Regulation of mortgage foreclosures. Specifies that the statute concerning the state regulation of mortgage foreclosures does not affect or preempt a political subdivision's authority to: (1) regulate the maintenance, upkeep, or repair of real property within the jurisdiction of the political subdivision, including real property subject to a mortgage foreclosure action; or (2) act as authorized under the unsafe building law, or other applicable state law, with respect to real property within the jurisdiction of the political subdivision, including real property subject to a mortgage foreclosure action; in accordance with state law.
Sponsor: Justin Moed
Indiana education roundtable. Establishes the Indiana education roundtable (roundtable) to make recommendations relating to education to the: (1) governor; (2) general assembly; (3) state board of education (state board); and (4) state superintendent of public instruction. Provides that the roundtable shall create an advisory committee on early childhood education. Provides that the governor and the state superintendent shall jointly serve as co-chairpersons of the roundtable. Provides that the academic standards committee shall submit recommendations on academic standards for a subject area to the roundtable for review by the roundtable. Provides that the roundtable may make recommendations to the state board with regards to the awarding and distribution of student educational achievement grants. Provides that the roundtable shall make recommendations to the state board concerning the incorporation of a statistical adjustment for student mobility rates into the school improvement performance results. Provides that the department of education shall provide a copy of a report relating to school arrests to the roundtable. Makes conforming amendments.
Sponsor: Gregory Porter
Use of lead free fixtures in school buildings. Requires the governing body of a school corporation to ensure that any plumbing product that is: (1) acquired for installation in; (2) installed as part of; or (3) used in repairing or installing; the potable water system of a school building is lead free, according to the definition in the federal Safe Drinking Water Act.
Sponsor: Earl Harris
Universal background checks for firearms. Requires a person wishing to sell, trade, or transfer a firearm to another person to transact the sale, trade, or transfer through a firearms dealer (dealer). Specifies certain exemptions. Requires a dealer to complete the sale, trade, or transfer of a firearm if the following conditions are met: (1) The dealer agrees to transact the sale, trade, or transfer of a firearm. (2) The dealer is able to successfully contact the National Instant Criminal Background Check System (NICS). (3) The dealer receives authorization from NICS to complete the sale, trade, or transfer of the firearm. (4) The recipient of the firearm being sold, traded, or transferred: (A) is not otherwise prohibited from possessing a firearm under federal or state law; and (B) is in compliance with all federal and state laws pertaining to the possession and transfer of certain firearms as defined under the National Firearms Act (NFA firearm), if applicable. Allows a dealer to refuse to transact the sale, trade, or transfer of a firearm for any reason. Requires a dealer to abort the sale, trade, or transfer of a firearm when: (1) the seller of a firearm; (2) the intended recipient of a firearm; or (3) both; are not eligible to possess a firearm or an NFA firearm, as applicable. Requires a dealer to abort the sale, trade, or transfer of a firearm if the firearm to be sold, traded, or transferred is: (1) reported lost; (2) reported stolen; or (3) used in the commission of a crime. Provides that a dealer is not required to return payment issued to the dealer for the dealer's role in transacting the sale, trade, or transfer of a firearm in certain instances. Provides a dealer with immunity from civil liability and damages in certain instances. Provides that a person who knowingly or intentionally makes a materially false statement to a dealer for the purpose of completing the sale, trade, or transfer of a firearm commits firearms transfer fraud, a Level 6 felony. Enhances the offense to a Level 5 felony if the person has a prior unrelated conviction for the offense. Provides that a dealer who transacts the sale, trade, or transfer of a firearm in violation of certain requirements commits unlawful transfer of a firearm, a Level 6 felony. Provides that the offense is a Level 5 felony if the person has a prior unrelated conviction for the offense. Specifies certain defenses. Defines certain terms. Makes conforming amendments.
Sponsor: Greg Taylor
Fire department residency requirements. Requires a member of a city, town, or township (unit) fire department to reside within Indiana and not more than 50 miles from the boundaries of the unit. Allows a member of a unit's fire department to reside outside Indiana if: (1) the unit adopts an ordinance or resolution allowing a member to reside outside Indiana; and (2) the member resides not more than 50 miles from the unit's boundaries. (Current law requires a member of a fire department to live within the county where the unit is located or a contiguous county). Eliminates provisions allowing a unit to adopt an ordinance or resolution requiring a member of the fire department to reside within the county where the unit is located, within the unit, or within a distance from the unit.
Sponsor: Jeff Raatz
Provider diagnostic information release. Requires a health care provider, upon the request of a patient or the patient's designee, to provide the diagnostic billing code and procedural billing code for each diagnosis and health care procedure rendered to the patient.
Sponsor: Mike Speedy
Vital records. Provides that a parent may request a certificate of birth resulting in stillbirth when the child had a gestation age of less than 20 weeks. Specifies that a burial transit permit is required for the report of death and transportation and final disposition of a deceased individual. Provides that the information concerning a birth resulting in stillbirth is not required to be entered into the Indiana death registration system if the child had a gestational age of less than 20 weeks. Removes authority to issue a provisional certificate of death. Requires that a physical copy of the burial transit permit must remain with the body or body parts until the final disposition of the body. Makes conforming changes.
Sponsor: Gregory Porter
Wagering on sports. Authorizes sports wagering at riverboats, racinos, and satellite facilities. Provides for the administration, conduct, and taxation of sports wagering. Imposes initial and annual fees on a licensed owner, operating agent, or permit holder conducting sports wagering.
Sponsor: Alan Morrison
Toll reductions. Establishes a toll bridge charges rebate program (rebate program) to provide rebates to individuals who are residents of Floyd County and Harrison County and who incur charges to access an Ohio River toll bridge as a result of a closure of the Sherman Minton Bridge for a period of more than six months. Provides that the amount of the rebate is 50% of the amount of tolls paid by the individual during the period of time that the Sherman Minton Bridge is closed. Provides that the department of transportation (department) shall administer the rebate program. Establishes the procedures for claiming a rebate. Appropriates amounts necessary to make the rebate payments from the state general fund to the department.
Sponsor: Ronald Grooms
Religious exemption from worker's compensation. Provides for an exemption from worker's compensation and occupational diseases coverage for a member of certain religious sects or a division of a religious sect who meets certain requirements and obtains a certificate of exemption (certificate) from the worker's compensation board (board). Provides that, if an employee for whom a certificate is issued no longer meets the requirements for a certificate, the employee and the employee's employer are required to notify the board in writing. Requires the employer to provide worker's compensation and occupational diseases coverage for that employee beginning on the date of the notice.
Sponsor: Eric Bassler
School bus route safety. Provides that the governing body of a public or accredited nonpublic elementary school may not authorize a school bus driver to load or unload a student at a location that requires the student to cross a roadway if the roadway: (1) is a U.S. route or state route; or (2) has a speed limit that exceeds 50 miles per hour. Provides that a governing body may request a waiver for a particular stop for a period not to exceed one year by submitting a request to the state school bus committee.
Sponsor: Victoria Spartz
Testing school building water for lead. Requires the Indiana finance authority (authority) to carry out a program to: (1) sample the water in every public school building for the presence of lead; (2) report to appropriate school authorities the results of the sampling; and (3) if the sampling indicates that water in a school building contains lead at a level equal to or greater than 15 parts per billion, recommend actions that will reduce the lead level in all water in the school building to less than 15 parts per billion. Provides that the authority is not required to sample the water in a school building if the authority sampled the water in the school building during the lead sampling program the authority conducted in 2017 and 2018. Requires the authority to issue a report on the results of the water sampling in elementary schools and submit the report to the members of the general assembly.
Sponsor: Greg Taylor
Petition for changing time zones. Requires the governor to petition the United States Department of Transportation to initiate proceedings under the Uniform Time Act of 1966 to locate all of Indiana in the Central Time Zone. Requires the governor's petition to request that the change of Indiana's time zone becomes effective on the date that daylight saving time begins in Indiana in 2021.
Sponsor: Eric Bassler
Session adjournment deadlines. Changes the latest day for the general assembly to adjourn sine die in the first regular session from April 29 to March 31 beginning with the 2021 session. Changes the latest day for the general assembly to adjourn sine die in the second regular session from March 14 to February 14 beginning with the 2020 session. Makes conforming changes.
Sponsor: Eric Bassler
Study of the Holocaust. Requires a school corporation to include a study of the Holocaust in the social studies curriculum for students in grade 6 through grade 8.
Sponsor: Jon Ford
Supplemental allowance reserve account. Authorizes the Indiana state police to establish a supplemental allowance reserve account (account) in the police benefit fund to accumulate money for the purpose of paying postretirement benefit adjustments, including postretirement benefit increases, thirteenth checks, and other benefit changes or adjustments granted by the general assembly after June 30, 2019, to employee beneficiaries of the state police 1987 benefit system. Requires the state lottery commission to transfer $40,000 of surplus revenue each calendar quarter from the administrative trust fund to the account.
Sponsor: Charles Burton
Vehicle Bill. None
Sponsor: Timothy Lanane
School bus stop arm violations. Provides that a law enforcement officer shall issue a summons and promise to appear to a person who the law enforcement officer has probable cause to believe has committed or recklessly committed a school bus stop arm violation. Provides that a statement signed under penalty of perjury by a school bus driver, school bus monitor, or crossing guard constitutes probable cause. Provides that a person who knowingly or intentionally meets or overtakes from any direction a school bus stopped on a roadway when the arm signal device is extended or proceeds before the arm signal device is no longer extended commits a Class C misdemeanor (rather than a Class A infraction under current law).
Sponsor: Eric Bassler
Permanent disabling harm to first responders. Defines "permanent disabling harm" and permits imposition of a nonsuspendible sentencing enhancement of five to 10 years if the state proves beyond a reasonable doubt that a person committed a felony that caused a public safety official to suffer permanent disabling harm.
Sponsor: Mike Speedy
Bias motivated crimes. Makes it an aggravating circumstance (for purposes of imposing a criminal sentence) that the crime was committed with the intent to harm or intimidate an individual because of certain perceived or actual characteristics of the individual. Requires law enforcement agencies to report bias motivated crimes to the Federal Bureau of Investigation.
Sponsor: Justin Moed
Early childhood education pilot program. Provides that if Indiana legalizes sports wagering, a portion of state proceeds from the regulation of sports wagering shall be appropriated to increase annual funding for early education grants in Marion County, beginning in the state fiscal year following the year in which sports wagering is legalized. Provides that the amount of the increase is equal to the amount required to award twice the number of grants in Marion County as are awarded in Marion County in the state fiscal year in which sports wagering is legalized.
Sponsor: Justin Moed
Vehicle Bill. None
Sponsor: Timothy Lanane
Vehicle Bill. None
Sponsor: Timothy Lanane
Worker career enhancement tax credit. Provides a credit against state tax liability to an eligible employer of an employee who earns the federal or state minimum wage, completes a career enhancement training program, receives a wage increase following completion of the program, and remains employed for at least a year after receiving the wage increase. Provides that the amount of the credit is 50% of the difference between the employee's compensation before and after the employee receives the wage increase.
Sponsor: John Ruckelshaus
Military family matters. Allows for a student to have legal settlement in a school corporation if the student's parent is transferred to or is pending transfer to a military installation in Indiana while on active duty. Requires a school corporation to allow a spouse or child of an active member of the armed forces of the United States who is assigned to duty elsewhere immediately following assignment to duty in Indiana to be eligible for the resident tuition rate.
Sponsor: Jon Ford
Criminal penalties and sentencing. Establishes the crime reduction fund to provide funds to: (1) the dropout prevention program fund; (2) the violent crime victims compensation fund; and (3) the forensic diversion program account. Makes the crimes of theft, conversion, forgery, check deception, check fraud, possession of cocaine, and possession of methamphetamine Class A misdemeanors in all cases, except each crime is a Level 6 felony if the person has a prior unrelated conviction for a crime of violence. Makes the crime of possession of a controlled substance, possession of marijuana, and possession of a synthetic drug a Level 6 felony if the person has a prior unrelated conviction for a crime of violence. Makes an appropriation.
Sponsor: Robin Shackleford
Abandoned vehicles. Provides that an owner or last titled owner of a motor vehicle commits a Class C infraction when the owner or last titled owner of the motor vehicle abandons the vehicle. Requires a public agency that removes an abandoned vehicle earlier than allowed under statute to reimburse all costs paid by a person to release the vehicle from storage.
Sponsor: Robert Morris
School safety grants. Provides that the first $100,000,000 reverted each state fiscal year, or total reversions if less than $100,000,000, shall be transferred to the agency settlement fund. Appropriates 25% of the amount transferred for the secured school safety grant program for physical school infrastructure safety related improvements. Appropriates 75% of the amount transferred for school resource officer grants. Requires the grants to be distributed before November 1 each year. Allows grants to be made to any school receiving state funding.
Sponsor: Gregory Porter
Personal leave. Provides that certain employees of certain employers are entitled to accrue one hour of personal leave for every 30 hours worked, but may not accrue more than 60 hours of personal leave in a 12 month period, unless the employer allows for a higher accrual.
Sponsor: Ryan Dvorak
Student interrogations. Provides that a statement made during a custodial interrogation of a juvenile that is conducted at a school or another place where the juvenile is detained in connection with an investigation and that is not a place of detention is admissible against the juvenile in a felony criminal prosecution or in a juvenile proceeding only if: (1) the juvenile's parent, guardian, or custodian is notified and present during questioning; (2) the juvenile's rights are waived under certain circumstances; and (3) the interrogation complies with requirements under Indiana Evidence Rule 617.
Sponsor: Gregory Porter
A SENATE RESOLUTION urging Governor Holcomb to recognize March as Amyloidosis Awareness Month.
Sponsor: John Ruckelshaus
Incentives for attracting and hiring veterans. Establishes the regional veterans hiring initiative fund (fund). Provides that the Indiana economic development corporation (IEDC) shall administer the fund. Allows the IEDC to enter into a regional veterans hiring initiative agreement with: (1) counties, cities, towns, and development authorities; and (2) local employers; in a region to provide marketing and recruiting services to attract eligible veterans for employment in the region and provide financial support to eligible veterans who relocate to the region to accept employment. Defines "eligible veteran" as an individual who: (1) served in the armed forces of the United States or their reserves; and (2) has received an honorable discharge within the last six months. Allows the IEDC to make grants or loans to an eligible veteran for authorized purposes. Requires an eligible veteran to repay the money to the IEDC if the veteran: (1) fails to use the money awarded for authorized purposes; or (2) fails to maintain employment with the local employer for at least 12 months following the veteran's initial hiring date. Provides a tax credit against state income tax liability of an employer if the following apply: (1) The employer is a party to a regional veterans hiring initiative agreement. (2) The employer employs an eligible veteran during the taxable year. (3) The eligible veteran has maintained continuous full-time employment with the taxpayer for at least 12 months following the veteran's initial hiring date. (4) The IEDC certifies the credit. Provides that the amount of the credit is equal to: (1) $1,000; multiplied by (2) each eligible veteran for whom the employer is allowed a credit for the taxable year. Provides, however, that an employer not claim a credit for an eligible veteran for whom the employer is allowed a credit in more than one taxable year. Allows an employer to carryforward any unused credit amount. Makes an appropriation.
Sponsor: Philip Boots
Law enforcement academy funding. Imposes an excise tax on each policy of insurance issued for automobile liability coverage on a passenger motor vehicle or motorcycle registered in Indiana. Provides that the excise tax is imposed at the rate of $0.05 per $1,000 of total coverage under the policy for death, bodily injury, and property damage. Transfers the money received from the excise tax to the law enforcement academy fund (fund). Amends the fund provisions to allow the law enforcement training board to use money in the fund for: (1) capital projects; (2) technology equipment and services; and (3) curriculum development; for a law enforcement academy (including the northwest Indiana law enforcement academy and the southwest Indiana law enforcement academy); and (4) awarding grants or reimbursing costs for law enforcement training of police officers, county sheriffs, and deputy sheriffs under a grant program established by the board. Provides that, if an insurer cancels an automobile insurance policy for nonpayment of premium, the insurer shall notify the bureau of motor vehicles (bureau) of the cancellation via a computerized information system established by the bureau. Requires the bureau to send a notice of intent to revoke motor vehicle registration (notice) to the owner of a passenger motor vehicle or motorcycle for which the bureau has received a notice of cancellation of automobile liability coverage requiring the owner to provide proof of financial responsibility for the passenger motor vehicle or motorcycle to the bureau within 30 days. Requires the bureau to revoke the certificate of registration and proof of registration of the passenger motor vehicle or motorcycle if the bureau does not receive proof of financial responsibility as required in the notice.
Sponsor: Mike Speedy
Bureau of motor vehicles matters. Provides that certain vehicles are exempt from the motor vehicle excise tax in certain instances. Provides for a limited registration permit that allows a person to operate a vehicle on limited days identified by the person. Requires the bureau of motor vehicles to develop a decal to identify operators of motor vehicles who are less than 18 years of age or at least 75 years of age. Establishes the yellow dot emergency medical information program.
Sponsor: Jeffrey Thompson
Recount commissions. Provides that for a recount commission for a local election, other than a primary, a school board election, or a nonpartisan election, two members of the commission must be members of the different major political parties of the state. (Under current law, this partisan balance is also required for recounts of primary and school board elections.)
Sponsor: Ryan Dvorak
Testing of school age children for lead poisoning. Requires the state department of health (state department) to identify those areas of Indiana in which the risk of lead ingestion by children is so high that, in the judgment of the state health commissioner, every school age child who resides in the area should be tested for lead poisoning. Requires the state department to provide written notice about the identification of the high lead ingestion risk areas (high risk area) to every school corporation that operates one or more schools attended by children who reside in a high risk area. Provides that if a school corporation is notified by the state department that an area served by the school corporation is a high risk area, the school corporation shall require all children who: (1) reside in that high risk area; and (2) attend or enroll in a school operated by the school corporation; to be tested for lead poisoning.
Sponsor: Ryan Dvorak
Broker licensure for property managers. Specifies that a person that, for consideration, manages the common areas and facilities or other property of: (1) a subdivision or neighborhood on behalf of a homeowners association; or (2) a condominium on behalf of an association of co-owners; must obtain and maintain a real estate broker license (license) regardless of whether the person or any of the person's partners, members, or employees is engaged in the actual sale or lease of real estate or units of real estate in the subdivision, neighborhood, or condominium. Provides that the same requirement applies to at least one member of the board of directors of: (1) a homeowners association; or (2) an association of co-owners; in the case of a subdivision, neighborhood, or condominium that is self-managed with respect to the common areas, facilities, and other property of the subdivision, neighborhood, or condominium. Specifies that a person or board member engaging in such management activities is subject to all applicable statutory provisions concerning: (1) the requirements for the issuance and renewal of a license; (2) the standards of practice for licensees, including sanctions for violations of the standards; (3) enforcement proceedings and penalties for performing management activities without a license; and (4) the investigation and prosecution by the attorney general of complaints made against the person with respect to such management activities. Requires the attorney general and the real estate commission to seek to achieve consistency in conducting investigations and prosecutions and in applying sanctions, as applicable. Specifies that a person or board member engaging in such management activities acts, and is obligated to be licensed, on behalf of both: (1) the homeowners association or the association of co-owners as a corporation or an entity; and (2) the individual members of the homeowners association or the association of co-owners. Makes conforming amendments in the statutes governing: (1) condominiums; and (2) homeowners associations.
Sponsor: Mike Speedy
Driver's license suspension. Exempts a person from certain statutes requiring the suspension of a driver's license following a motor vehicle accident in certain instances. Reduces the fees assessed for the reinstatement of a suspended license. Makes conforming amendments.
Sponsor: Robin Shackleford
Patient rights for pregnant women. Requires certain health care providers providing obstetric services to a pregnant woman to provide the woman with written information concerning the pregnant woman's rights for pregnancy care. Requires the state department of health to establish a program to educate women on a woman's rights when pregnant.
Sponsor: Vanessa Summers
Ballot security. Provides that after June 30, 2019, a county may not purchase new electronic voting systems, except for the purpose of enabling voters with disabilities to vote. Provides that after December 31, 2022, an electronic voting system may not be used in Indiana, except for the purpose of enabling voters with disabilities to vote. Provides for the January 1, 2023, expiration of certain statutes relating to electronic voting systems. Directs the elections interim study committee to prepare legislation to make any amendments to the Indiana Code the committee considers necessary to assist in the implementation of the phase out of electronic voting systems. Requires each county election board to conduct an audit after each general election in five randomly selected precincts in the county in which the election was held to determine whether the number of votes marked on ballots in the precinct matches the number of votes declared for the precinct. Requires the county election board to report the results of the audit for each precinct to the election division not later than January 1 after the election.
Sponsor: Ryan Dvorak
Inspections of rental properties. Provides that a political subdivision shall establish and enforce a program for inspecting and registering rental units.
Sponsor: Chris Campbell
Assessments following successful appeals. Provides for a three year cap on the assessment of real property that was the subject of a successful appeal or review that reduced the gross assessed value by more than 5%. Provides that the assessment cap does not follow the real property and is subject to a change in ownership. Provides that the assessed value is determined by standard appraisal methods when a change in ownership occurs within the three years following the successful appeal. Provides that the assessment cap does not apply to assessments determined using the income capitalization approach, determined through the correction of an error or omission, or based upon a change in structural improvements, zoning, or use. Provides that a person has the option of applying the assessed value limitations or filing a claim for refund, but not both.
Sponsor: David Abbott
Religious motivated crimes. Provides that a person commits the offense of a religious motivated crime if the person knowingly or intentionally: (1) causes bodily injury to another person; or (2) damages the property of another person; because of the other person's actual or perceived religion or creed. Provides that the state may seek either a death sentence or a sentence of life imprisonment without parole if the murder was a result of a religious motivated crime.
Sponsor: Mike Speedy
Redistricting commission. Establishes a redistricting commission (commission) to create, hold hearings on, take public comment about, and recommend plans to redraw general assembly districts and congressional districts. Requires the legislative services agency (agency) to provide staff and administrative services to the commission. Establishes standards to govern the commission and the agency in the creation of redistricting plans. Provides that the general assembly shall meet and enact redistricting plans before October 1 of a redistricting year. Authorizes the general assembly to convene in a session to act on redistricting bills at times other than the times the general assembly is currently authorized to meet. Repeals the current law establishing a redistricting commission for congressional redistricting.
Sponsor: Justin Moed
Florist gift basket permit. Establishes a gift basket permit that allows a retail florist located within Indiana to include a limited amount of beer, wine, or liquor in gift baskets prepared by the florist. Requires the permittee to purchase the alcoholic beverages from a dealer (grocery store, drug store, or package liquor store), farm winery, microbrewery, or artisan distillery. Requires a gift basket to be delivered by the permittee or an employee of the permittee who is at least 21 years of age and not by a common carrier. Establishes a fee of $100 annually for a gift basket permit.
Sponsor: Terri Jo Austin
Medical payment coverage. Specifies that medical payment coverage is supplemental to coverage under a health plan.
Sponsor: Donna Schaibley
Repayment of federal student loans. Establishes the Indiana resident federal student loan repayment program and fund. Requires the commission for higher education to administer the program. Establishes requirements to qualify for federal student loan repayment assistance.
Sponsor: Ryan Dvorak
Bias motivated crimes. Establishes a sentencing procedure that requires a court, when sentencing an individual who has committed a crime that is motivated by a bias against another individual's perceived or actual age, color, creed, disability, ethnicity, gender, gender identity, national origin, race, religion, sexual orientation, or veteran status, to impose an additional fixed term of imprisonment not to exceed five years, if the offense is a felony, or three years, if the offense is a misdemeanor. Requires law enforcement agencies to report bias motivated crimes to the Federal Bureau of Investigation.
Sponsor: Chris Campbell
Annexation. Provides that if an annexation petition is filed with the municipality by 100% of the landowners within the annexation territory, the municipality must: (1) hold a public hearing on the annexation not later than 60 days (instead of 30 days) after the filing; and (2) adopt an annexation ordinance not later than 90 days (instead of 60 days) after the filing; or landowners may file the petition in court. Provides the following with regard to annexation remonstrance waivers (waivers): (1) Waivers executed before July 1, 2015, expire not later than July 1, 2034. (2) A real estate sales disclosure form must disclose whether the property is subject to a waiver. Allows some tax exempt agricultural property to be: (1) noncontiguous; or (2) used to annex additional property.
Sponsor: Kevin Mahan
Trauma informed care. Establishes the trauma informed care task force (task force). Provides that the task force shall study and make recommendations for use by health, educational, and other social service providers and submit a report to the general assembly regarding best practices with respect to children, youth, and families who have experienced trauma. Urges the legislative council to assign to the appropriate study committee the task of studying various issues pertaining to teachers and education.
Sponsor: Robin Shackleford
Study of funding township firefighting. Urges the legislative council to assign to the appropriate interim study committee the task of studying issues related to the funding of township firefighting services.
Sponsor: Thomas Saunders
Vehicle Bill. None
Sponsor: Timothy Lanane
Income tax exemption for veterans. For taxable years beginning after 2018, phases out the limitation on the deduction from an individual's adjusted gross income for income from retirement or survivor's benefits received by the individual, or the individual's surviving spouse, for the individual's service in an active or reserve component of the armed forces of the United States.
Sponsor: Andy Zay
Reservist scholarship program. Establishes the armed forces reservist tuition scholarship program fund to provide scholarships to certain individuals actively serving in a reserve component of the armed forces of the United States. Provides that the commission for higher education may use money appropriated to the commission for any other purpose to award scholarships under the armed forces reservist tuition scholarship program.
Sponsor: Dale DeVon
Noncompete clauses prohibited in physician contracts. Provides that an employer hospital may not require that an employee physician or a prospective employee physician sign a covenant not to compete against the employer hospital for any period of time after the termination of employment with the employer hospital. Provides that an employer hospital may not enforce any covenant not to compete against the employer hospital that is signed by the employer hospital and a former employee physician who is separated from employment under any circumstances. Provides that an employee physician, a prospective employee physician, or a former employee physician may bring a civil action against an employer hospital that attempts to enforce a covenant not to compete.
Sponsor: Robert Morris
National guard tuition supplement program fund. Provides that money in the National Guard tuition supplement program fund may be used to provide annual scholarships for scholarship applicants to attend programs recommended by the adjutant general of the Indiana National Guard and approved by the commission for higher education.
Sponsor: Dennis Zent
Vehicle Bill. None
Sponsor: Timothy Lanane
Essential off-patent or generic drugs. Prohibits a manufacturer or a wholesale distributor from engaging in price gouging in the sale of an essential off-patent or generic drug. Provides that the office of the secretary of family and social services (office) may provide to the attorney general a written notice of an increase in the price of an essential off-patent or generic drug if the price increase meets specified criteria. Provides that if the attorney general receives a notice of a price increase from the office, the attorney general may request the manufacturer identified in the notice to submit a statement that includes specified information about the increase. Provides that the attorney general has certain powers and duties with respect to price gouging in the sale of an essential off-patent or generic drug, including the power to bring a court action in Marion County if the attorney general determines that price gouging has occurred. Provides that if the court finds that a manufacturer or a wholesale distributor has engaged in price gouging, the court may issue an order to do one or more of the following: (1) Restrain or enjoin the violation. (2) Restore to any consumer (or third party payor) any money obtained by the manufacturer or wholesale distributor as a result of the violation. (3) Require a manufacturer that has engaged in price gouging to make the drug available to participants in certain state health plans or programs for a period of up to one year at the price at which the drug was available to the participants immediately before the effective date of the price increase constituting the violation. (4) Impose a civil penalty of up to $10,000 for each violation. Provides that a person that engages in price gouging in the sale of an essential off-patent or generic drug commits a deceptive act that is subject to the remedies and penalties set forth in the statute concerning deceptive consumer sales. Makes a conforming amendment.
Sponsor: Jean Breaux
Pre-divorce counseling. Requires parties in a dissolution of marriage action to complete a marriage counseling program if: (1) the parties assert irretrievable breakdown of the marriage as a ground for the action; and (2) the court finds that: (A) the parties are the parents or legal custodians of a minor; or (B) a party is pregnant and the party's spouse is the child's father under Indiana law. Provides for certain exceptions to the requirement. Specifies requirements for the marriage counseling program the parties must complete. Provides that a court administrator may enter into an agreement with one or more third parties to provide the court-ordered marriage counseling. Provides that the agreement must require the provider to waive some or all of the cost of the program if directed to do so by the court administrator for purposes of accommodating the ability of a party to pay. Provides that each calendar year: (1) counties shall provide information regarding divorces in the county during the preceding calendar year to the management and performance hub (MPH); and (2) the MPH shall post the information on the MPH's Internet web site.
Sponsor: Victoria Spartz
Safety belt and child restraint systems. Provides that failing to wear a safety belt is a Class C infraction. (Current law provides that failing to wear a safety belt is a Class D infraction.) Provides that failing to properly fasten and restrain a child within a motor vehicle is a Class C infraction. (Current law provides that failing to properly fasten and restrain a child within a motor vehicle is a Class D infraction.) Removes provisions specifying that a person is not liable for costs or a monetary judgment in certain cases in which a judgment related to a child restraint system is entered against the person.
Sponsor: Dennis Zent
Vehicle Bill. None
Sponsor: Timothy Lanane
Vehicle Bill. None
Sponsor: Timothy Lanane
CDC Youth Risk Behaviors Survey. Requires the state department of health to notify the department of education if the federal Centers for Disease Control and Prevention (CDC) notifies the state department of health that a public high school is identified to participate in the CDC's Youth Risk Behaviors Survey (survey). Provides that the department of education is required to notify the public high school that the school is required to participate in the survey. Requires a public high school to participate in the survey.
Sponsor: Jean Breaux
Wagering on sports. Authorizes sports wagering at riverboats, racinos, and satellite facilities. Provides for the administration and conduct of sports wagering. Imposes initial and annual licensing fees on a licensed owner, operating agent, permit holder, or vendor conducting sports wagering.
Sponsor: Jon Ford
I-65 and I-70 in Indianapolis. Prohibits the Indiana department of transportation (INDOT) from changing the location of the downtown corridor of I-65 and I-70 if the changes include above grade walls and additional lanes. Requires INDOT to consider increasing: (1) connectivity between neighborhoods and areas of commerce that are divided by the downtown corridor; and (2) opportunities for economic development surrounding the downtown corridor; when developing plans to change the location of the downtown corridor. Requires plans for changing the location of the downtown corridor to be submitted to the interim study committee on roads and transportation (committee). Requires the committee to review the plans for compliance and provide recommendations to the governor. Requires INDOT to consider recommendations from the committee.
Sponsor: Justin Moed
Tax incentives for public safety volunteers. Provides that an individual who is a volunteer firefighter or a police reserve officer and meets certain requirements is entitled to a credit of $1,000 against the individual's adjusted gross income tax liability each taxable year. Provides that a clothing or uniform allowance received by a volunteer firefighter or police reserve officer is exempt from the adjusted gross income tax imposed on the income of the individual.
Sponsor: Steve Bartels
Certified ignition interlock devices. Requires the court to order the installation of a certified ignition interlock device for a period of at least six months for repeat intoxicated drivers if the court grants specialized driving privileges.
Sponsor: Timothy Wesco
Information provided to schools. Requires a law enforcement agency to send, not later than July 1 of each year, a written copy of the following to each charter school, nonpublic school, and school corporation in the law enforcement agency's jurisdiction: (1) The statutory definition of a "dangerous" person. (2) Written instructions concerning the reporting of a dangerous person to the law enforcement agency.
Sponsor: Randall Head
Transitional addiction care in nursing homes study. Requires the state department of health (state department) to study before September 1, 2019, the feasibility of establishing a transitional housing program that would allow a health facility to use a portion of its facility for the temporary housing of individuals recovering from substance use disorder upon the individual's discharge from an inpatient facility substance use disorder treatment program. Sets forth requirements of the study. Requires the state department to submit a written report to the general assembly not later than October 1, 2019.
Sponsor: Andy Zay
Vehicle Bill. None
Sponsor: Timothy Lanane
Childhood obesity report. Requires the state department of health (state department) and the department of education to: (1) before August 1, 2019, provide specified information concerning childhood obesity to the management performance hub; and (2) before September 1, 2019, submit a written report summarizing the information to the public health, behavioral health, and human services interim study committee (interim study committee). Requires, before July 1, 2020, the state department to report outcomes of Indiana's Comprehensive Nutrition and Physical Activity Plan, 2010-2020 to the interim study committee.
Sponsor: Victoria Spartz
Vehicle Bill. None
Sponsor: Timothy Lanane
Campaign finance limits. Provides that a member of the general assembly or a candidate for election to the general assembly may not accept contributions of more than $100 in any calendar year.
Sponsor: Justin Moed
Vehicle Bill. None
Sponsor: Timothy Lanane
Occupational licensing. Provides that the small business ombudsman (ombudsman) shall review a proposed rule that is an occupational regulation and imposes requirements or costs on persons subject to the occupational regulation. Requires the attorney general to disapprove a proposed rule if it violates federal antitrust laws. Requires that an agency file a statement concerning the economic impact of the proposed occupational regulation on persons who are subject to the occupational regulation. Requires the ombudsman to approve or deny the occupational regulation after determining if the least restrictive regulation is used. Requires a regulatory flexibility analysis that considers any less intrusive or less costly alternative methods of achieving the purpose of the proposed occupational regulation, including the establishment of the least restrictive regulation that is necessary to regulate the occupation or protect consumers. Establishes guidelines to analyze an occupational regulation to determine if it is the least restrictive regulation. Makes conforming changes to include regulated occupations in the laws that affect the adoption of rules that affect small businesses. Provides that an occupational regulation that is adopted by an agency during: (1) an odd-numbered year may not become effective until March 15 during the subsequent year; and (2) an even-numbered year may not become effective until May 1 during the subsequent year.
Sponsor: Eric Koch
Child placement. Provides that the best interests of the child must be considered in determining placement of an alleged child in need of services who has been taken into custody. Provides that a court shall grant a petition to request intervention as a party to a child in need of services proceeding from: (1) a foster parent; (2) a long term foster parent; or (3) a former foster parent; if the court determines intervention is in the best interests of the child. Provides that before a child who was: (1) placed in an out-of-home placement; and (2) moved from the out-of-home placement to an in-home placement; may be returned to an out-of-home placement, the court and the department shall make a reasonable attempt to place the child in the previous out-of-home placement.
Sponsor: J.D. Ford
Consular identification. Requires a state agency, a political subdivision, or an employee of a state agency or political subdivision to accept a consular identification document submitted by an individual as valid identification of the individual in most situations. Provides that a consular identification document may not be accepted: (1) from an individual registering to vote or obtaining a driver's license; (2) when acceptance is not permitted under federal law; or (3) when acceptance would jeopardize funding from a particular source. Provides that information collected from or appearing on a consular identification document is subject to the same privacy protections and limitations on disclosure that apply to information collected from or appearing on a driver's license or an identification card. Provides that, unless otherwise provided by federal law, a consular identification document: (1) does not establish or indicate lawful United States immigration status; (2) may not be considered valid for that purpose; and (3) does not establish a foreign national's right to be in or to remain in the United States. Repeals statutes defining offenses related to consular identification.
Sponsor: Jean Breaux
Vehicle Bill. None
Sponsor: Timothy Lanane
Police assisted addiction and recovery initiative. Allows a local law enforcement agency to institute a police assisted addiction and recovery initiative or a similar program (program) to connect individuals suffering from a substance use disorder with treatment. Provides that if a local law enforcement agency establishes a program, the local law enforcement agency may establish a protocol to connect individuals who suffer from a substance use disorder with certain 211 services. Establishes the police assisted addiction and recovery initiative fund to assist a local law enforcement agency in establishing a program. Makes an annual appropriation to the fund.
Sponsor: Jon Ford
Animal abuse registry. Defines "animal-related offense" and requires the Indiana criminal justice institute (institute) to establish an electronic animal abuse registry containing information relating to persons convicted of animal-related offenses. Requires the institute to adopt rules to establish a procedure to permit a person erroneously included in the registry to obtain relief.
Sponsor: J.D. Ford
Income tax exemption for military pay. Exempts military pay earned by members of an active component of the armed forces of the United States from the individual income tax. (Current law exempts from the individual income tax the military pay earned by members of the National Guard and reserve components of the armed forces of the United States while serving on active duty.)
Sponsor: Ronnie Alting
Maximum age for foster youth after care services. Provides that an individual who receives foster care until the individual is 18 years of age is eligible to receive collaborative care services until the individual is 21 years of age (rather than 20 years of age, under current law).
Sponsor: Blake Doriot
A SENATE RESOLUTION urging the legislative council to assign to the appropriate study committee the topic of occupational regulations covering addiction counselors, community health workers, and telemedicine providers.
Sponsor: Randall Head
Voter registration. Requires a county voter registration office (office) to send an address confirmation notice to the Indiana address of a voter whenever the office determines that an individual identified in a report of potentially duplicate voter registration records provided by the NVRA official: (1) is the same individual who is a registered voter of the county; (2) registered to vote in another state on a date following the date that voter registered in Indiana; and (3) has not authorized the cancellation of any previous registration. (Current law requires the county voter registration office to cancel the voter's registration.)
Sponsor: Jean Breaux
Workforce housing task force. Establishes the workforce housing task force. Provides that the task force consists of nine voting members appointed by the lieutenant governor and four nonvoting members of the general assembly. Requires the task force to study and report on the operations of workforce and affordable housing programs in other states. Requires the task force to develop recommendations to increase access to safe and affordable rental housing, create more pathways to home ownership, and improve housing stability and opportunity through the study of certain topics. Requires the Indiana housing and community development authority to support the task force. Provides that the task force law expires June 30, 2021.
Sponsor: Eddie Melton
Dispensing drugs for medication assisted treatment. Amends the exception to the definition of "dispense" in the Indiana scheduled prescription electronic collection and tracking (INSPECT) program to provide that a practitioner who administers or dispenses a controlled substance for medication assisted treatment is subject to the requirements that apply to a dispenser under the INSPECT program.
Sponsor: Andy Zay
Unsafe building hearing notifications. Clarifies the procedure for notice by publication under the unsafe building law.
Sponsor: Eric Koch
Vehicle Bill. None
Sponsor: Timothy Lanane
Stored value card fraud. Defines the term "stored value card". Provides that a person who, with intent to defraud, obtains property by using a stored value card, knowing that the stored value card: (1) was unlawfully obtained or retained; or (2) is forged, revoked, or expired; commits a Level 6 felony. Makes conforming amendments.
Sponsor: Eric Koch
Teacher evaluation study and recommendations. Requires the department of education to: (1) study and make recommendations regarding establishing regional teams that would independently conduct teacher performance evaluations, developing a uniform teacher performance evaluation system in Indiana, and establishing other requirements regarding teacher performance evaluations; and (2) prepare and submit, not later than November 1, 2019, a report to the general assembly regarding the study and recommendations.
Sponsor: Erin Houchin
Student loan forgiveness for child service workers. Establishes the department of child services student loan forgiveness fund (fund) to provide grants for student loan repayment assistance to eligible department of child services (DCS): (1) family case managers; and (2) supervisors. Provides that DCS administers the fund. Requires an applicant to: (1) be employed by DCS as a family case manager or supervisor; and (2) have been employed by DCS as a family case manager or supervisor for at least three years immediately preceding the application; to be eligible for student loan repayment assistance. Provides that a family case manager or supervisor may not receive more than four grants for student loan repayment assistance through the fund.
Sponsor: Eddie Melton
Lead poisoning. Requires the Indiana state department of health (state department) to take action to reduce lead poisoning. (Under current law, the state department may take action to reduce lead poisoning.)
Sponsor: David Niezgodski
Medicaid addiction treatment for pregnant women. Provides that Medicaid for substance abuse treatment is available to certain pregnant women for the duration of the pregnancy and for the one year postpartum period that begins on the last day of the pregnancy, without regard to any change in income of the family of which she is a member during that time.
Sponsor: Jean Breaux
Independent children. Provides that the children in need of services statutes do not apply to the parent of a child: (1) whose basic needs are met; (2) who is of a sufficient age and maturity to avoid harm or unreasonable risk of harm; and (3) who engages in certain independent activities.
Sponsor: Victoria Spartz
Publication of local government notices. Allows a political subdivision, which includes an agency of a political subdivision, to publish legal notices on a legal notice web site instead of in a newspaper. Establishes requirements regarding availability and accessibility of a legal notice web site. Requires a political subdivision to designate an official responsible for the electronic publication of legal notices, if the political subdivision publishes legal notices electronically. Provides that if a political subdivision does not have an official web site, legal notices may be published on an official web site of the county government. Establishes requirements for the duration of the posting of a legal notice and proof of posting.
Sponsor: Andy Zay
Trusts. Provides that an "excluded trust" is not a resident trust and is not required to file an adjusted gross income tax return. Defines "excluded trust" as a trust that satisfies all of the following conditions: (1) The trust is an irrevocable trust consisting of property transferred to the trust by a person who is not a resident of Indiana at the time of the transfer. (2) None of the trustees of the trust are: (A) Indiana residents; or (B) partners or corporations domiciled in Indiana. (3) The entire corpus of the trust is located outside Indiana. (4) The trust
Sponsor: Randall Head
Health facility nursing staff requirements. Requires a health facility to comply with the following: (1) Have a registered nurse present at the health facility at all times when a resident is in the care of the health facility. (2) Require a registered nurse to delegate certain duties. (3) Provide that there is not less than 4 1/10 hours per resident day of direct nursing care, with not less than 30% of the direct nursing care being provided by licensed nurses. (4) Employ a director of nursing who has obtained certain education or certification.
Sponsor: Randall Head
Vehicle Bill. None
Sponsor: Timothy Lanane
Contraceptive coverage. Requires state employee health plans, policies of accident and sickness insurance, and health maintenance organization contracts to provide coverage for contraceptive products and services without cost sharing. Exempts certain policies and contracts sold to certain employers.
Sponsor: Jean Breaux
Pre-apprenticeship grant program for women. Establishes the pre-apprenticeship grant program for women to provide grants to attract low income women to programs that teach basic technical and job readiness skills for an apprenticeable occupation or occupational sector. Provides that the department of workforce development shall administer the program. Establishes the pre-apprenticeship grant program for women fund.
Sponsor: Jean Breaux
Substance use disorders. Requires an addiction treatment team and an office based opioid provider to use one of the three most effective medications as indicated by the federal Food and Drug Administration, unless contraindicated for the patient. Requires the coroner to notify the state department of health (department) and a deceased individual's prescribing physician, physician assistant, or advanced practice registered nurse upon learning of the death of the individual in the coroner's jurisdiction as the result of a controlled substance overdose. Requires the department to maintain a list of physicians, physician assistants, and advanced practice registered nurses who prescribe a controlled substance that results in an overdose death. Requires the medical licensing board to adopt rules to establish treatment requirements for physicians, physician assistants, and advanced practice registered nurses who treat patients with chronic pain that are based on the federal Centers for Disease Control and Prevention's guidelines for the treatment of chronic pain. Requires that the medical licensing board adopt rules to require physicians, physician assistants, and advanced practice registered nurses who treat patients with a drug addiction to use one of the three most effective medications as indicated by the federal Food and Drug Administration, unless contraindicated for the patient.
Sponsor: Randall Head
Income tax credit for donations. Provides for an adjusted gross income tax credit for donations to a public school foundation. Provides that the maximum individual taxpayer credit is $2,000 in the case of a single return and $4,000 in the case of a joint return. Provides that the maximum corporate taxpayer credit is the greater of 10% of the corporation's total adjusted gross income tax liability or $10,000. Makes the credit refundable.
Sponsor: Carey Hamilton
Opioid addiction recovery. Changes the opioid addiction recovery pilot program for pregnant women and women with newborns into a permanent program. Makes an appropriation.
Sponsor: James Merritt
False accusation of a crime. Provides that a person who knowingly or intentionally: (1) makes a report to law enforcement; and (2) falsely accuses another person of committing a crime; commits false accusation of a crime.
Sponsor: Jim Lucas
Regulation of confined feeding operations. Amends the law on confined feeding operations (CFOs), which include any confined feeding of at least 300 cattle, 600 swine or sheep, 30,000 fowl, or 500 horses. Prohibits the department of environmental management (department) from granting approval for the construction or expansion of a CFO: (1) if a manure unit located at the CFO would be located less than 500 feet from a residence on the site of the CFO, less than 1,000 feet from a residence outside the CFO, or less than 1,000 feet from a public or private water supply well, a public or private water supply surface intake structure, or a publicly or privately owned reservoir or lake; or (2) if an exhaust system used to remove air from an enclosed animal containment unit at the CFO expels the air in the direction of a residential area that is located less than 1,000 feet from the enclosed animal containment unit and that was in existence as a residential area before the exhaust system began to be used. Prohibits an alteration of a CFO that was in operation before July 1, 2019, if the CFO, as altered, would violate the manure unit restriction or the exhaust system restriction. Requires the environmental rules board to adopt rules establishing restrictions on air pollution from CFOs. Provides that the rules must restrict hydrogen sulfide, methane, ammonia, and particulate matter from a CFO in the ambient air measured: (1) at the location of the CFO; and (2) in areas that are outside the CFO but near enough to the CFO to be affected by air pollutants from the CFO. Requires the department to enforce these rules.
Sponsor: Ronald Bacon
Pregnancy and childbirth discrimination. Prohibits an employer from discriminating against a pregnant job applicant or employee. Requires an employer to provide reasonable employment accommodations for a pregnant employee. Requires the civil rights commission to investigate complaints and attempt to resolve complaints.
Sponsor: Karen Engleman
School bus safety. Provides that a person who operates a vehicle and recklessly passes a school bus stopped on a roadway when the arm signal device is extended commits a Class A misdemeanor (rather than a Class B misdemeanor under current law). Provides that the offense is a Level 6 felony (rather than a Class A misdemeanor under current law) if it causes bodily injury. Provides that a person who knowingly or intentionally meets or overtakes from any direction a school bus stopped on a roadway when the arm signal device is extended or proceeds before the arm signal device is no longer extended commits a Class B misdemeanor (rather than a Class A infraction under current law).
Sponsor: Ethan Manning
Display of child abuse and neglect hotline poster. Requires each public school, including each charter school, to post a sign that contains the toll-free telephone number for the child abuse and neglect hotline established by the department of child services to receive reports of child abuse or neglect. Establishes requirements regarding the sign.
Sponsor: Jon Ford
Pharmacy benefit managers. Requires a pharmacy benefit manager that is not licensed as an administrator to be registered with the board of pharmacy. Specifies requirements for registration, renewal, conduct, appeals, and annual reporting by pharmacy benefit managers.
Sponsor: Ronald Grooms
Education foundation tax credit. Provides for an adjusted gross income tax credit for donations to a public school foundation. Provides that the maximum individual taxpayer credit is $1,000 in the case of a single return or $2,000 in the case of a joint return. Provides that the maximum corporate taxpayer credit is the greater of 10% of the corporation's total adjusted gross income tax liability or $10,000.
Sponsor: Jon Ford
Transfer students. Allows the governing body of a school corporation to implement a policy to require and collect a transfer fee from the parents of a student or a student if: (1) the student does not have legal settlement in the school corporation; (2) the student attends a school in the school corporation; and (3) a property tax levy has been imposed as a result of having been approved by voters in a referendum. Provides that the amount of the transfer fee may not exceed the average property tax liability imposed on taxpayer homesteads in the school corporation attributable to the property tax rate or rates for the property tax levy or levies approved in the referendum. Provides that the transfer fee may be used only for the purpose or project for which the levy is imposed. Requires a county auditor to determine the maximum amount of the transfer fee. Provides that a transfer fee policy may not impose a transfer fee with respect to a student in foster care or placed by the department of child services. Provides that a school corporation may impose multiple fees on a family having multiple students attending a school or schools in the school corporation but the total amount of the transfer fees imposed upon the family may not exceed the amount of the maximum transfer fee.
Sponsor: Mike Bohacek
Tax credit for education donations. Provides for an adjusted gross income tax credit for donations to a public school foundation or school corporation. Provides that the maximum individual taxpayer credit is $1,000 in the case of a single return and $2,000 in the case of a joint return. Provides that the maximum corporate taxpayer credit is the greater of 10% of the corporation's total adjusted gross income tax liability or $10,000.
Sponsor: Ronnie Alting
Education matters. Provides that the following statutes are repealed and rules are voided: (1) Any statute or rule established to meet the requirements of federal law for the purpose of obtaining federal funds for kindergarten through grade 12 education. (2) Any statute or rule establishing requirements regarding teacher salary, evaluations, curriculum, or any other requirement regarding the employment of teachers other than teacher licensing requirements. Establishes the education options account program (program). Requires the treasurer of state to administer the program. Establishes: (1) the education options account fund; and (2) requirements and conditions for the program. Requires the treasurer of state to: (1) annually request a parent of an eligible student who is participating in the program to complete a written survey; and (2) annually provide a summary of the survey to the governor and the legislative council. Continuously appropriates money from the education options account fund and the accounts established within the fund for the purposes of the program.
Sponsor: Jim Lucas
Septic inspections before transfer of property. Provides that if a dwelling is connected to a residential onsite sewage system: (1) the residential onsite sewage system must be inspected by a qualified inspector; and (2) if the dwelling is also connected to a water well, the water from the well must be tested; before a property interest in the dwelling may be conveyed. Provides that, if one or both of these requirements apply, a closing is not complete unless the person to whom the property interest is being transferred is given documentation of the inspection and (if applicable) the well water testing. Authorizes the state department of health to adopt rules under which persons may qualify to conduct the residential onsite sewage system inspections and the testing of well water.
Sponsor: Micheal Aylesworth
Mental health education and screenings. Requires a school corporation's health education curriculum to include mental health wellness education. Provides that the governing body of a school corporation may provide mental health screenings to students if the governing body receives written consent from a student's parent or guardian to provide a mental health screening to the student. Requires the department of education to provide a school corporation with resources regarding mental health wellness upon request by the school corporation.
Sponsor: Frank Mrvan
Fertility fraud. Provides that a physician who treats a patient of that physician for infertility: (1) by using the physician's own spermatozoon or ovum, without the patient's consent; or (2) by using donated human reproductive material without the consent of the donor; commits fertility fraud, a Level 6 felony. Provides that a prosecution for criminal fertility fraud that would otherwise be barred by the statute of limitations may be brought not later than five years after the earliest of the date on which: (1) the state first discovers evidence sufficient to charge the offender with the offense through DNA analysis; (2) the state first becomes aware of the existence of a recording that provides evidence sufficient to charge the offender with the offense; or (3) a person confesses to the offense. Establishes a cause of action for civil fertility fraud and provides that a prevailing plaintiff may be awarded actual damages or liquidated damages of $10,000. Specifies that the statute of limitations for civil fertility fraud is 10 years from the eighteenth birthday of the child, or not later than five years after the earliest of the date on which: (1) the person first discovers evidence sufficient to bring an action against the defendant through DNA analysis; (2) the person first becomes aware of the existence of a recording that provides evidence sufficient to bring an action against the defendant; or (3) the defendant confesses to the offense.
Sponsor: Jim Pressel
Tax credit for employing guard and reserve members. Provides a tax credit against state tax liability each taxable year to an employer that employs a member of the National Guard or a reserve component of the armed forces of the United States who is called to active duty.
Sponsor: Doug Gutwein
Repeal of statutes preempting local action. Repeals statutes that prohibit a unit of local government from doing the following: (1) Mandating employee benefits, scheduling, or leave policy that exceed federal or state requirements. (2) Regulating firearms, ammunition, and firearm accessories. (3) Requiring a landlord to participate in a housing program. (4) Regulating the manufacture or use of bags, bottles, and other single use containers. (5) Regulating the leasing or sale of real property.
Sponsor: Chris Chyung
Sales tax exemption for diapers. Defines "diaper" to include products worn to manage incontinence in compliance with the Streamlined Sales and Use Tax Agreement. Provides that sales of diapers are exempt from the state gross retail tax.
Sponsor: Carey Hamilton
Disseminating material harmful to minors. Requires a person convicted of disseminating material harmful to minors to register as a sex offender if the person is a child care worker and distributes the material to a child who is under the person's care or supervision or who attends a school at which the person is employed.
Sponsor: Cherrish Pryor
Medicaid prescription drug program. Requires the office of the secretary of family and social services to provide a prescription drug benefit for a Medicaid recipient under: (1) the risk based managed care program; and (2) the healthy Indiana plan. (Current law allows the office or the managed care organization to provide the prescription drug benefit.)
Sponsor: Steven Davisson
Over 65 deduction and circuit breaker credit. Increases (from $182,430 to $228,000) the deduction limitation on the assessed value of an individual's real property, or mobile home or manufactured home which is not assessed as real property, if the individual is at least 65 years of age on or before December 31 of the calendar year preceding the year in which the deduction is claimed. Provides that the additional credit for certain homesteads under current law does not apply if the gross assessed value of the homestead on the assessment date for which property taxes are imposed is at least $191,700 (rather than $160,000 under current law).
Sponsor: Philip Boots
Members of the general assembly. Provides that an individual who is a member of the general assembly after November 6, 2018, may not be registered as a lobbyist during the period that begins on the day the individual ceases to be a member of the general assembly and ends 1,825 days after the date the individual ceases to be a member of the general assembly.
Sponsor: Chris Chyung
Energy drinks. Provides that a person may not sell, give, or distribute an energy drink to an individual who is less than 18 years of age. Establishes a penalty for violations.
Sponsor: Ronnie Alting
Local referenda for wind power devices. Provides that after June 30, 2019, a unit may not authorize, or establish requirements for, the installation or siting of wind power devices in the unit unless the voters of the unit have approved the installation or siting of wind power devices in the unit through a local public question. Provides that a regulation that: (1) is adopted or amended by a unit after June 30, 2019; and (2) authorizes, or establishes requirements for, the installation or siting of wind power devices in the unit; does not take effect unless this condition is met. Sets forth procedures for conducting a local public question concerning the installation or siting of wind power devices in a unit.
Sponsor: Thomas Saunders
Prescription drug importation study. Requires the state department of health to conduct a study and report to the legislative council concerning a state prescription drug importation program through which the state would import certain prescription drugs, including insulin, from Canada for Indiana consumers.
Sponsor: Chris Chyung
State university and foundation information. Requires each state educational institution to prepare a report annually that includes certain graduation and student debt information. Provides that, before July 1, 2020, and before July 1 of each year thereafter, each state educational institution must submit to the Indiana commission for higher education (commission): (1) the report concerning certain graduation and student debt information; and (2) audited financial statements of each foundation related to the state educational institution. Requires the commission to include the reports and audited financial statements on a web site established by the commission.
Sponsor: John Ruckelshaus
Same day registration; close of the polls. Provides that the polls close at 8 p.m. (Under current law, the polls must close at 6 p.m.) Permits a voter to register at the polls by completing a voter registration form and an affirmation that the person has not voted elsewhere in the election and by providing proof of residence.
Sponsor: Tonya Pfaff
Office of the attorney general. Specifies that the attorney general may conduct an independent investigation concerning human trafficking. Defines "multiple county offense" and authorizes the attorney general to: (1) access and maintain certain information relating to a multiple county offense; (2) investigate a multiple county offense; (3) assist in the investigation and prosecution of a multiple county offense; and (4) request the assistance of a law enforcement agency in conducting the investigation. Authorizes a law enforcement agency to assist the attorney general. Specifies that the attorney general does not have the power to arrest or prosecute a person.
Sponsor: Michael Crider
Teacher licensure. Requires the department of education to grant an initial practitioner license to an individual who: (1) holds at least a bachelor's degree or the equivalent from a postsecondary educational institution; (2) submits fingerprints and any required fees for a national criminal history background check and has not been convicted of certain crimes; and (3) successfully completes the American Board alternative teacher certification program. Provides that an individual who receives an initial practitioner license by meeting these conditions: (1) is authorized to teach the subject matter and grade levels for which the individual has successfully completed the American Board alternative teacher certification program; and (2) is eligible to receive a practitioner license after teaching for at least three years under the initial practitioner license. Provides that an individual who holds an initial practitioner license under these conditions is a "new teacher" for purposes of the Indiana new educator induction pilot program.
Sponsor: Timothy Wesco
Pilot program to fund educational attainment. Establishes the parent education assistance pilot program (pilot program). Provides that the office of the secretary of family and social services shall administer the pilot program. Specifies the requirements an individual must satisfy to be eligible to participate in the pilot program. Provides requirements for maintaining participation in the pilot program. Specifies the amount of an eligible individual's grant under the pilot program. Establishes the parent education assistance pilot program fund (fund) for the purpose of funding the pilot program. Provides that the office of the secretary administers the fund.
Sponsor: John Bartlett
Evidence of financial responsibility. Requires the bureau of motor vehicles (bureau) to request evidence of financial responsibility from the insurance company of each person identified in an accident report (report) as an operator of a motor vehicle (operator) following an accident. Allows each person identified in a report as an operator to voluntarily provide evidence of financial responsibility to the bureau. Specifies that the bureau's obligation to request evidence of financial responsibility from the insurance company of each operator is not: (1) contingent upon; or (2) excused by; a person's decision to voluntarily provide the bureau with evidence of financial responsibility. Requires any bureau issued notice to an operator concerning: (1) a request for evidence of financial responsibility; or (2) notice of a possible license suspension; following a motor vehicle accident to be sent via certified mail. Provides that the bureau is immune from civil liability and all associated damages, including punitive damages, when the bureau makes a good faith effort to timely obtain evidence of financial responsibility from an operator's insurance company. Makes conforming amendments.
Sponsor: Cherrish Pryor
Medical residency programs. Requires that the medical education board and the graduate medical education board study the medical residency programs in northwest Indiana and prepare a report that provides recommendations to increase the number of medical residents in those residency programs.
Sponsor: Chris Chyung
Paid fantasy sports registration fees and audits. Provides that a game operator that: (1) conducted paid fantasy sports games in Indiana before July 1, 2016; and (2) had fewer than 300 Indiana participants; shall pay a $10,000 initial fee to conduct paid fantasy sports games, shall pay a $1,000 annual fee to conduct paid fantasy sports games, and shall contract for financial audits of the game operator's operations every four years.
Sponsor: Alan Morrison
Fair pay in employment. Provides that it is an unlawful employment practice to: (1) pay wages that discriminate on the basis of sex for substantially similar work; (2) provide less favorable employment opportunities to an employee on the basis of sex; (3) take an adverse employment action against an employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages; and (4) require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the employee's wage information. Provides that an employer may, under certain circumstances, limit discussion of employee wages. Provides that the civil rights commission has jurisdiction for the investigation and resolution of complaints of these employment actions.
Sponsor: Mark Stoops
Tax matters. Provides refundable credits against the individual income tax in the following amounts: (1) $200 for individuals filing a single return. (2) $400 for married couples filing joint returns. Provides that the credits apply to taxable years beginning after December 31, 2021. Imposes an Indiana estate tax on a decedent's Indiana taxable estate if the value of the decedent's gross estate is at least $2,000,000. Provides that the Indiana estate tax applies to the estate of a decedent who dies after December 31, 2019. Provides that the tax equals 20% of the decedent's Indiana taxable estate. Provides that otherwise
Sponsor: Chris Chyung
A CONCURRENT RESOLUTION to convene a Joint Session of the One Hundred Twenty-First General Assembly of the State of Indiana.
Sponsor: Matthew Lehman
Health workforce student loan repayment program. Establishes the following: (1) The health workforce student loan repayment program (program). (2) The health workforce student loan repayment program commission (commission). (3) The health workforce student loan repayment program fund (fund) for the purpose of providing funds to repay outstanding student loans of certain health providers who meet the program requirements. Establishes: (1) the imposition of fees at the time a license is issued or renewed for certain health profession licenses; and (2) qualifications to receive a student loan repayment award under the program. Provides that the commission shall, at the end of each state fiscal year, make student loan repayment awards under the program in an amount determined by the commission to an eligible applicant who met the program requirements during that state fiscal year. Provides that, if a recipient of a student loan repayment award does not fulfill the obligations of the agreement between the recipient and the commission, the recipient is required to repay in a timely fashion, as determined by the commission, the total amount of the student loan repayment award that the recipient received. Requires, not later than July 1, 2021, and not later than July 1 every two years thereafter, the commission to submit a report concerning the program and fund to the governor and the general assembly. Appropriates $500,000 to the commission from the state general fund.
Sponsor: Ethan Manning
Study of low head dams and riparian rights. Urges the legislative council to assign to an appropriate interim study committee the task of studying: (1) low head dams; and (2) riparian rights; during the 2019 interim.
Sponsor: Ethan Manning
Physician assistants. Changes the role of a supervising physician to that of a collaborating physician. Makes conforming changes.
Sponsor: Steven Davisson
Practicing a licensed occupation. Provides that if an individual is required to have an occupational license to practice an occupation, the individual may practice the occupation without an occupational license if the individual provides a signed disclosure with the consumer before entering into a contract and complies with all health, safety, security, confidentiality, reporting, and consumer protection requirements that are imposed on an individual with an occupational license. Defines the applicable occupations. Repeals the law concerning a local license to vend, hawk, and peddle goods.
Sponsor: Timothy Wesco
Background check for firearms sales. Requires a person wishing to: (1) sell; (2) trade; or (3) transfer; a firearm to conduct the transaction through a licensed Indiana firearms dealer. Requires a licensed Indiana firearms dealer to perform a NICS background check when facilitating the: (1) sale; (2) trade; or (3) transfer; of a firearm between private parties. Provides that a person who knowingly or intentionally makes a materially false statement to a dealer, seller, or transferor for the purpose of facilitating the: (1) sale; (2) trade; or (3) transfer; of a firearm commits a Level 6 felony. Provides that a person who knowingly or intentionally: (1) sells; (2) rents; (3) trades; or (4) transfers; a firearm in violation of certain provisions commits a Class A misdemeanor. Makes conforming amendments.
Sponsor: Carey Hamilton
Surrender of firearms and ammunition. Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
Sponsor: Carey Hamilton
Bump stock prohibition. Defines the term "multiburst trigger activator". Creates the crime of "unlawful possession of a multiburst trigger activator". Provides that the possession or sale of a multiburst trigger activator is a Class A misdemeanor. Provides that the crime of unlawful possession of a multiburst trigger activator is a Level 6 felony if the person has a prior, unrelated conviction for the offense.
Sponsor: Frank Mrvan
Electric bicycles. Defines the term "electric bicycle" as a bicycle equipped with: (1) operable pedals; and (2) an electric motor with a power output not greater than 750 watts. Provides that an electric bicycle is not a motor vehicle. Provides that the operator of an electric bicycle is: (1) subject to all of the duties; and (2) entitled to all of the rights and privileges; of a bicycle operator. Provides that an electric bicycle shall be regulated as a bicycle. Provides certain exceptions. Exempts the operator of an electric bicycle from motor vehicle statutes concerning: (1) driver's licenses; and (2) financial responsibility. Exempts electric bicycles from motor vehicle statutes concerning: (1) certificates of title; (2) registration; and (3) off-road vehicles. Requires manufacturers and distributors of electric bicycles to affix and prominently display a label with the following information on each electric bicycle: (1) The class level of the electric bicycle. (2) The top assisted speed of the electric bicycle. (3) The total power output of the electric bicycle's electric motor. Requires all electric bicycles to comply with certain requirements adopted by the United States Consumer Product Safety Commission. Requires all electric bicycles to be equipped with an electric motor that disengages or ceases to function when the operator: (1) stops pedaling; or (2) applies brakes. Specifies where electric bicycles may be operated. Allows a local authority or state agency with jurisdiction over a trail, bicycle path, or multipurpose path to regulate the use of electric bicycles on a trail, bicycle path, or multipurpose path subject to the local authority's or state agency's jurisdiction. Prohibits a person under 15 years of age from operating certain electric bicycles. Allows a person under 15 years of age to ride as a passenger on certain electric bicycles. Requires a properly fitted and fastened helmet capable of meeting certain safety standards to be worn by certain individuals when operating or riding on certain electric bicycles. Defines certain terms. Makes conforming amendments.
Sponsor: Michael Crider
Placement priority for foster parents. Provides that if a child in need of services is: (1) returned from an out-of-home placement to an in-home placement; and (2) subsequently removed from the in-home placement; the court and the department of child services (DCS) shall notify the foster family with which the child was previously placed and make a reasonable attempt to place the child with that foster family. Provides that if the child has previously been placed in multiple out-of-home placements, the court and DCS shall make a reasonable attempt to place the child in the most recent out-of-home placement that is able and willing to accept the placement. Provides that for purposes of placing the child in the previous out-of-home placement, DCS shall waive the limits on the number of children who may be placed in a single foster family home if: (1) the placement would not cause the foster family home to be out of compliance with federal law; and (2) the department determines that the placement would not present a safety risk for the child or for any other resident of the foster family home.
Sponsor: Kevin Mahan
Workforce diploma reimbursement program. Establishes the: (1) workforce diploma reimbursement program (program); and (2) workforce diploma reimbursement program fund (fund). Provides that the governor's workforce cabinet (cabinet), in coordination with the department of workforce development (department), shall administer the program. Provides that the purpose of the fund is to provide payments to eligible program providers that assist adults who are more than 22 years of age in: (1) developing employability and career technical skills; and (2) obtaining high school diplomas. Provides that: (1) the cabinet shall approve eligible program providers to participate in the program; and (2) the department shall publish a list of approved eligible program providers on the department's Internet web site. Requires the cabinet to include in the report the cabinet submits concerning workforce related programs the cabinet's review, analysis, and evaluation of the program, including the cabinet's and department's activities related to the development of the program. Requires the department to transfer annually to the fund an amount equal to $2,500,000 of the money appropriated by the general assembly for adult education.
Sponsor: Holli Sullivan
Seat belts on school buses. Provides that a school bus or special purpose bus that is placed into operation after June 30, 2020, and that is used to transport elementary school or high school students must be equipped with a 3-point lap and shoulder safety belt (safety belt) at each seating location. Provides that a school corporation, charter school, or nonpublic school that authorizes or permits a violation of the safety belt requirement commits a Class C infraction. Requires the state school bus committee to adopt rules for the design, installation, and use of safety belt systems that must be installed in school buses and special purpose buses. Provides that the safety belt requirement is an exception to the laws concerning other types of passenger restraint systems. Requires each occupant of a school bus or special purpose bus that has a safety belt to have the safety belt properly fastened about the occupant's body at all times when the bus is in motion, and provides that a school corporation, charter school, or nonpublic school or an owner of a school bus or special purpose bus (including a school bus or special purpose bus operated under a fleet or transportation contract) that authorizes or permits a violation of this requirement commits a Class C infraction. Establishes the safety belt revolving loan fund (fund). Requires the department of education to establish a revolving loan program to provide loans from the fund to school corporations to assist school corporations, including charter schools, in paying expenses necessary to comply with requirements concerning safety belts on school buses and special purpose buses. Appropriates $5,000,000 to the fund from the state general fund. Makes conforming amendments.
Sponsor: John Bartlett
Family and juvenile law matters. Establishes a rebuttable presumption in child custody proceedings that an award of joint physical custody is in the best interest of the child. Provides that if the department of child services (DCS) or a prosecuting attorney receives two reports, made independently by separate health care providers, each of which states that the health care provider has reason to believe, based on the health care provider's medical examination of the child, that the child is a victim of child abuse or neglect, DCS or the prosecuting attorney shall: (1) request that the juvenile court authorize the filing of a petition alleging that the child is a child in need of services; and (2) request that the child be taken into custody. Provides that if the juvenile court authorizes the filing of the petition, the juvenile court shall grant the request that the child be taken into custody if the juvenile court finds that DCS or the prosecuting attorney was required to request the petition due to DCS's or the prosecuting attorney's receipt of the health care providers' reports. Provides that a court may not enter a dispositional decree that removes a child in need of services from the child's home and authorizes DCS to place the child in a facility or in another home, or that makes the child a ward of DCS, unless the court finds by a preponderance of the evidence that the child is a child in need of services as the result of: (1) the refusal or neglect of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision despite the parent, guardian, or custodian having the financial means to do so; or (2) the inability of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision due to the parent, guardian, or custodian lacking the financial means to do so, but refusing or neglecting to make reasonable efforts to obtain the financial means to do so.
Sponsor: Jeffrey Thompson
For-profit postsecondary educational institutions. Requires for-profit postsecondary educational institutions to submit to the commission for higher education (commission) surety bonds or other forms of financial guarantee, as approved by the commission, in an amount determined by the commission. Requires, not later than October 1, 2019, and not later than October 1 each year thereafter, each for-profit postsecondary educational institution to pay an annual fee to the commission in an amount determined by the commission, except under certain circumstances. Establishes the for-profit postsecondary educational student reimbursement fund (fund) for the purpose of providing funds to reimburse a student who paid tuition and fees to a for-profit postsecondary educational institution that: (1) failed to perform faithfully an enrollment agreement or contract with the applicant and a refund of applicable tuition and fees incurred by the applicant has not been reimbursed or discharged; or (2) closed before the applicant completed the applicant's course of study, and a refund of applicable tuition and fees incurred by the applicant has not been reimbursed or discharged. Provides that the commission may award to an applicant an amount for reimbursement from the fund only if the surety bond of the for-profit postsecondary educational institution against which an applicant has filed a claim has been exhausted. Provides that money in the fund is continuously appropriated for the purposes of the fund. Requires the commission to submit a report to the governor and the general assembly concerning claims for reimbursement from the fund.
Sponsor: J.D. Ford
A SENATE RESOLUTION honoring Michael Bertram for his accomplishments.
Sponsor: Vaneta Becker
Interim committee on township consolidation. Urges the legislative council to assign to an appropriate interim study committee the task of studying the reduction of township government where economic efficiencies can be obtained. Requires the county executive or county executive's designee of each county to make recommendations to the committee regarding reducing township governments and providing township services in their own counties.
Sponsor: Andy Zay
Marijuana. Decriminalizes the possession of: (1) 30 grams or less of marijuana; or (2) five grams or less of hash oil or hashish; by making the violation a Class D infraction. Provides that a person who knowingly or intentionally possesses an instrument, a device, or another object that the person intends to use for introducing marijuana into the person's body, commits a Class D infraction. Establishes a per se intoxication level of 10 nanograms of THC per milliliter of whole blood for purposes of operating while intoxicated laws, and requires that the analysis of controlled substances in a person's blood measure only the controlled substance and not the metabolites of the controlled substance.
Sponsor: Jim Lucas
Tanning facilities. Exempts from tanning facility regulation medical phototherapy treatment that meets certain requirements. Prohibits an individual less than 18 years of age from using a tanning device in a tanning facility. Requires the operator or owner of a tanning facility to include a statement in the written information required to be signed before an individual may use a tanning device that individuals less than 18 years of age may not use a tanning device. Requires a tanning facility operator to prohibit an individual who is less than 18 years of age from using a tanning device. Requires a tanning facility operator to check a specified government issued photo identification to confirm an individual is at least 18 years of age before the individual uses a tanning device.
Sponsor: Dennis Zent
Presumption of worker status. Establishes a presumption that a worker performing work at a licensed premises is an independent contractor if certain conditions are met. Provides that the presumption applies for purposes of construing statutes concerning the minimum wage, frequency of wage payments, wage claims, employee breaks, worker's compensation and occupational diseases compensation, unemployment compensation, the Indiana Occupational Safety and Health Act, and civil rights enforcement. Provides that the presumption may be rebutted with competent evidence and that a meeting or hearing held to rebut the presumption may be held as an executive session under the public meetings law. Provides that, if a worker does not satisfy the conditions and the presumption does not apply to the worker, a presumption is not created that the worker is an employee.
Sponsor: Philip Boots
Township cemetery ownership and maintenance. Transfers from townships to counties the current provisions concerning cemetery establishment, ownership, and maintenance. Requires townships to transfer to the county in which the township is located cemetery related property and responsibilities before January 1, 2020.
Sponsor: Cindy Ziemke
Legislative sessions. Changes the legislative session cycle beginning in 2021 to require: (1) the first regular session of the general assembly to reconvene in May after organization day and to adjourn sine die not later than September 1; and (2) the second regular session of the general assembly to reconvene in May after organization day and to adjourn sine die not later July 15. Requires the legislative services agency and the code revision commission to prepare conforming legislation for introduction in the 2020 session of the general assembly.
Sponsor: Chris Chyung
Reporting of child abuse or neglect information. Provides that a child's school principal or teacher may access confidential records and other material related to a report or investigation of child abuse or neglect concerning the child.
Sponsor: Steven Davisson
Minimum wage. Increases the minimum wage paid to certain employees in Indiana as follows: (1) after June 30, 2020, from $7.25 an hour to $10 an hour; (2) after June 30, 2021, from $10 an hour to $13 an hour; and (3) after June 30, 2022, from $13 an hour to $15 an hour. Provides that after June 30, 2023, and each subsequent June 30, the hourly minimum wage increases at the same percentage as any increase in the Consumer Price Index for the preceding calendar year. Makes technical corrections and corresponding changes. Removes outdated language.
Sponsor: Frank Mrvan
Tax credits. Establishes the regional development tax credit (credit). Allows a taxpayer to apply to the Indiana economic development corporation (IEDC) for the credit. Provides that a taxpayer is entitled to a credit against state tax liability if: (1) the taxpayer makes a qualified investment for the redevelopment or rehabilitation of real property that is vacant or underused; and (2) the qualified investment is approved by the IEDC. Specifies the factors that the IEDC shall consider in evaluating applications for a proposed qualified investment. Specifies that the credit is subject to an agreement entered into by the IEDC and the taxpayer. Provides that the amount of the credit is equal to: (1) the qualified investment made by the taxpayer and approved by the IEDC in the agreement; multiplied by (2) the applicable credit percentage determined by the IEDC. Specifies the maximum applicable credit percentages that apply to qualified investments. Prohibits the carryback or refund of any unused credit. Allows a taxpayer to carry forward any unused credit amounts and to assign any part of a credit to which the taxpayer is entitled. Authorizes the IEDC to negotiate with a taxpayer and include in the credit agreement a return on investment provision requiring the taxpayer to repay all or part of a credit awarded to the taxpayer if one or more conditions specified in the agreement are satisfied. Provides that a taxpayer is not entitled to receive any of the following (with certain exceptions): (1) An industrial recovery tax credit for a qualified investment made after December 31, 2019. (2) A community revitalization enhancement district tax credit for a qualified investment made after December 31, 2019.
Sponsor: Matthew Lehman
Workforce housing development. Establishes the workforce housing development revolving loan fund (fund) to provide funding for loans to counties, cities, or towns for workforce housing development projects. Appropriates $1,000,000 to the fund for the 2019-2020 state fiscal year. Provides that the Indiana housing and community development authority shall administer the fund. Specifies the purposes for which money loaned from the fund must be used. Permits redevelopment commissions in counties other than Marion County to establish a program for workforce housing development and a tax increment funding allocation area for that program. Defines "workforce housing" for purposes of both the fund and the program as housing that consists of single family dwelling units that have a sales price of not more than $250,000.
Sponsor: Jim Pressel
Tippecanoe County food and beverage tax. Authorizes Tippecanoe County to adopt an ordinance to impose a food and beverage tax. Provides that the county food and beverage tax may not exceed 2%. Specifies that food and beverage tax revenue must be used by the Wabash River Enhancement Corporation for the following purposes: (1) The acquisition of land. (2) The removal of underground storage tanks. (3) The restoration of the land from which underground storage tanks are removed.
Sponsor: Sheila Klinker
Grandparent visitation rights. Provides that a grandparent's right to seek visitation with a grandchild survives the grandchild's adoption by certain family members. (Current law requires a grandparent to file a petition to establish visitation rights prior to the adoption of a grandchild by certain family members in order for the grandparent's visitation rights to survive.) Removes a provision that requires a grandparent to petition for visitation with a grandchild before the date a decree of adoption by certain family members is entered. Removes requirements regarding notice to a grandparent of a grandchild's pending adoption by a family member.
Sponsor: Dennis Kruse
Handgun licensure and fees. Increases the duration of a four year handgun license to five years. Provides that an individual may simultaneously hold both a five year license and a lifetime license. Requires a law enforcement officer to whom an application for a handgun license is made to perform a national fingerprint based criminal history check and consult available local, state, and federal criminal history data banks, including the National Instant Criminal Background Check System (NICS), when determining whether possession of a firearm by an applicant would be a violation of state or federal law. Removes the fees for lifetime licenses beginning July 1, 2020.
Sponsor: Timothy Wesco
Regulation of physical therapists. Establishes the Indiana board of physical therapy (board). (Current law regulates physical therapy under the medical licensing board of Indiana, with certain functions delegated to the Indiana physical therapy committee.) Creates a new definition of "physical therapy" and adds or amends other definitions. Amends certain prohibited acts to include business entities. Changes the term "physical therapist's assistant" to "physical therapist assistant". Adds physician assistants and nurse practitioners to the list of persons who may issue an order to a physical therapist. Allows a physical therapist to treat a patient for 90 days without a referral from a provider. (Current law allows treatment for 24 days.) Provides that certain individuals are exempt from license and certification requirements. Adds two physical therapists and a physical therapist assistant to the board and removes the physician member. Establishes requirements for physical therapists and physical therapist assistants who have been educated outside the United States. Establishes requirements to sit for the licensure and certification examinations. Allows the applicant to take the examination not more than six times. Allows the board to disqualify an applicant for certain acts related to the examination. Requires a person who seeks reinstatement for a lapsed license to demonstrate evidence of continuing competence. Establishes certain responsibilities for physical therapists. Allows a physical therapist assistant to work under a physical therapist. Transfers the rules, duties, and records concerning physical therapy from the medical licensing board of Indiana to the board. Makes conforming changes.
Sponsor: David Frizzell
Income tax credit for the elderly. Increases the Indiana income tax unified tax credit for the elderly.
Sponsor: Timothy Wesco
State board of accounts. Defines "pertinent information" for purposes of statutes concerning the state board of accounts. Makes changes to the procedure that governs how an examination report is to be filed with the audit committee. Provides that the state board of accounts must prepare and submit the following in an electronic format before the fifteenth day of each month: (1) Pertinent information from each examination of an audited entity in the previous month to the agency reports portal. (2) A letter that contains a list of each examination report issued for the previous month to the agency reports portal. (3) A link to each report on the state board of accounts Internet web site that is included in the pertinent information and letter of each examination report conducted in the previous month. Repeals the Indiana technology fund and requires the budget agency to transfer any unencumbered money in the fund to the state general fund.
Sponsor: Doug Gutwein
Teacher salaries. Removes a provision that provides that a combination of certain factors may account for not more than 33.33% of the calculation used to determine an increase or increment in teacher salaries. Increases the basic tuition support appropriation. Provides that a school corporation must provide each classroom teacher a salary increase of between 2% and 5% to receive a basic tuition support distribution that includes the additional appropriation.
Sponsor: Pat Boy
Indiana public defender commission. Increases the membership of the Indiana public defender commission from 11 members to 15 members. Provides that commission membership includes the following: (1) One member appointed by the board of directors of the public defender council of Indiana, who is an attorney admitted to the practice of law in Indiana. (2) One member appointed by the dean of a state funded Indiana law school. (3) Two members appointed by the Indiana State Bar Association, who: (A) are admitted to the practice of law in Indiana; (B) each have at least five years of criminal defense experience; and (C) belong to different political parties.
Sponsor: Karen Tallian
Small school grants. Reestablishes a small school grant for school corporations having a current ADM (average daily membership) of less than 2,400. Appropriates from the state general fund an amount sufficient to make the grants for the 2019-2021 biennium.
Sponsor: Ethan Manning
Vanderburgh County innkeeper's tax. Renames the convention center operating fund established under the Vanderburgh County innkeeper's statute to the convention center operating, capital improvement, and financial incentive fund (fund). Provides that expenditures from the fund for a convention center in Vanderburgh County may only be used for operating expenses, capital improvements, and financial incentives to attract new businesses. Changes the date on which innkeeper's tax revenue deposited in the fund decreases from the amount equal to revenue generated by a 2% innkeeper's tax rate to the amount equal to revenue generated by a 1% innkeeper's tax rate.
Sponsor: Holli Sullivan
Funding of youth assistance programs. Provides that the Indiana supreme court may establish a two-year pilot program to assist juvenile court judges in five Indiana counties in providing voluntary preventative programs for at-risk children. Appropriates to the Indiana supreme court $1,500,000 in the state fiscal year beginning July 1, 2019, and $1,500,000 in the state fiscal year beginning July 1, 2020, for purposes of the pilot program. Requires the office of judicial administration to report to the legislative council regarding: (1) the effects of the pilot program in the counties in which the pilot program is implemented; and (2) the feasibility of implementing similar programs in additional counties.
Sponsor: Chuck Goodrich
School start times. Beginning with the 2020-2021 school year, prohibits public schools and accredited nonpublic schools from doing the following: (1) Beginning a student instructional day before 8 a.m. (2) Beginning a student instructional day for students in grade 6 through grade 12 before the time established by a governing body (or its equivalent) to begin a student instructional day for students in grade 1 through grade 5.
Sponsor: Pat Boy
Houses of worship and firearms. Permits a person who may legally possess a firearm to possess a firearm on school property that also contains a house of worship, unless prohibited by the house of worship, if the person possesses the firearm while: (1) attending a worship service; (2) conducting business with the house of worship; (3) receiving pastoral services; (4) attending a program sponsored or permitted by the house of worship or the school; or (5) carrying out the person's official duties at a house of worship, if the person is employed by or a volunteer at the house of worship and the house of worship has assigned the person duties that require the person to carry a firearm. Exempts certain law enforcement and retired law enforcement officers described in the federal Law Enforcement Officers Safety Act (LEOSA) from the prohibition against carrying a firearm on school property.
Sponsor: Jack Sandlin
Houses of worship and firearms. Permits a person who may legally possess a firearm to possess a firearm on school property that also contains a house of worship, unless prohibited by the house of worship, if the person possesses the firearm while: (1) attending a worship service; (2) conducting business with the house of worship; (3) receiving pastoral services; (4) attending a program sponsored or permitted by the house of worship or the school; or (5) carrying out the person's official duties at a house of worship, if the person is employed by or a volunteer at the house of worship and the house of worship has assigned the person duties that require the person to carry a firearm. Exempts certain law enforcement and retired law enforcement officers described in the federal Law Enforcement Officers Safety Act (LEOSA) from the prohibition against carrying a firearm on school property.
Sponsor: Jack Sandlin
Township trustees and board members. Provides that in a county other than Marion County, an individual may not be a candidate for township trustee or a member of the township board if a member of the individual's immediate family (parent, sibling, or spouse) is the township trustee or a member of the township board and whose term of office does not end after that election. Provides that in a county other than Marion County, if an immediate family member of a candidate for election to a township board is elected as the township trustee, the candidate for election to the township board is not elected to the township board (if the township board candidate would otherwise be elected). Provides that in a county other than Marion County, if two or more candidates for election to a township board are immediate family members, only one of the candidates can be elected. Provides that if an individual is an immediate family member of the township trustee of a township, or of a member of the township board of the township, that individual is not eligible to fill a vacancy in the office of township trustee or township board member.
Sponsor: Ronald Bacon
A CONCURRENT RESOLUTION to convene a Joint Session of the One Hundred Twenty-First General Assembly of the State of Indiana.
Sponsor: Matthew Lehman
Wage study. Urges the legislative council to commission Ball State University to conduct a study to be submitted to the legislative council concerning the effects of the enactment of the Indiana right to work law in 2012 on overall wages in traditionally unionized industries or sectors in Indiana.
Sponsor: Pat Boy
Student journalism. Provides freedom of speech and freedom of press protections for grades 7 through 12 and state educational institution student journalists. Requires each school corporation and charter school to adopt a policy concerning student journalist protections. Requires a student media adviser to, each school year, supervise student journalists in grades 7 through 12 in the creation of certain school sponsored media policies. Provides that a public school or school corporation may not suppress school sponsored media unless certain conditions apply. Provides that public schools, school corporations, and state educational institutions are immune from civil liability for any injury resulting from school sponsored media produced by a student journalist, except for acts or omissions that constitute gross negligence or willful, wanton, or intentional misconduct.
Sponsor: Edward Clere
Bias motivated crimes. Establishes a sentencing procedure that requires a court, when sentencing an individual who has committed a crime that is motivated by a bias against another individual's actual or perceived age, ancestry, color, creed, disability, ethnicity, familial status, gender identity, military service, national origin, race, religion, sex, or sexual orientation to impose an additional fixed term of imprisonment not to exceed five years, if the offense is a felony, or three years, if the offense is a misdemeanor. Requires law enforcement agencies to report bias motivated crimes to the Federal Bureau of Investigation.
Sponsor: Pat Boy
Right to work. Repeals the chapter prohibiting an employer from requiring: (1) labor organization membership; (2) payment of dues or fees to a labor organization; or (3) payment to a charity or other third party an amount equivalent to fees required by a labor organization; as a condition of employment.
Sponsor: Pat Boy
Charter schools in Gary. Prohibits, beginning July 1, 2019, and ending June 30, 2024, an authorizer from granting to an organizer a charter to operate a charter school that is or will be located in the city of Gary unless the Gary Community School Corporation has no outstanding loans or advances from the common school fund.
Sponsor: Eddie Melton
Operation of safety rest areas. Requires the office of tourism development and the Indiana department of transportation (INDOT) to enter into a memorandum of understanding under which the office of tourism development will assume the responsibility of operating safety rest areas. Provides that the terms of a memorandum of understanding concerning the operation of safety rest areas must provide that INDOT retains ownership of real property acquired to construct safety rest areas.
Sponsor: Ronald Grooms
Delivery vehicles. Requires approaching drivers to: (1) proceed with due caution and yield the right-of-way; or (2) proceed with due caution and reduced vehicle speed; when approaching a stationary commercial delivery vehicle, personal vehicle with a delivery sign, or United States Postal Service vehicle displaying flashing amber lights or that is parked. Provides that a person who does not: (1) yield the right-of-way; or (2) proceed with due caution and reduced vehicle speed; when approaching a commercial delivery vehicle, personal vehicle with a delivery sign, or United States Postal Service vehicle displaying flashing amber lights or that is parked commits a Class B infraction. Makes a technical correction. Requires a person who uses a personal vehicle to make commercial deliveries to use a sign to indicate that the vehicle is making deliveries.
Sponsor: Peggy Mayfield
Eligibility for higher education awards. Repeals a provision that provides that the commission for higher education may not provide assistance to a higher education award applicant or recipient who is: (1) convicted of a felony; (2) sentenced to a term of imprisonment for that felony; and (3) confined for that felony at a penal facility.
Sponsor: Eddie Melton
Group homes for individuals with disabilities. Provides that a dwelling for: (1) not more than four individuals who reside independently of their families and who have a mental illness or developmental disability; and (2) a caregiver and the caregiver's family; is a Class 2 structure.
Sponsor: Martin Carbaugh
Medical provider immunity for body cavity search. Establishes a procedure authorizing licensed medical personnel to retrieve contraband from the bodily orifice of an individual as part of a criminal investigation, and grants immunity to the medical personnel.
Sponsor: Cindy Ziemke
Surrender of firearms for domestic violence crimes. Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
Sponsor: Patrick Bauer
A CONCURRENT RESOLUTION urging INDOT to honor Deputy David Morgan of the Madison County Sheriff's Department by renaming a portion of State Road 37 the Deputy David Morgan Memorial Highway.
Sponsor: Terri Jo Austin
Children in need of services. Requires a court to: (1) provide that a foster parent or other caretaker with whom the child has been placed for temporary care has standing; and (2) allow a foster parent or other caretaker with whom the child has been placed for temporary care to present evidence to the court and make recommendations; at a detention hearing. Requires a court to: (1) provide that a foster parent or other caretaker with whom the child has been placed for temporary care has standing to appeal a decision by the court; and (2) allow a foster parent or other caretaker with whom the child has been placed for temporary care to be heard, present evidence, and make recommendations to the court; at a dispositional hearing. Requires a court to grant a petition to intervene filed in a child in need of services proceeding by a foster parent, long term foster parent, or a person who has been a foster parent of the child who is the subject of the proceeding if the petitioner has also filed: (1) a petition to adopt; or (2) a petition to terminate the parent-child relationship; concerning the child who is the subject of the child in need of services proceeding. Provides that if: (1) a child has been removed from a parent and has been under the supervision of the department of child services (department) for 15 of the most recent 22 months; and (2) a petition to terminate the parent-child relationship has not been filed; the court shall order the department to file a petition to terminate the parent-child relationship within 15 days of the order. Provides that failure to obey the court order is punishable as contempt of court.
Sponsor: Kevin Mahan
Attorney general powers. Specifies that the attorney general may conduct an independent investigation concerning human trafficking. Defines "multiple county offense" and authorizes the attorney general to: (1) access and maintain certain information relating to a multiple county offense; (2) investigate a multiple county offense; (3) assist in an investigation and prosecution of a multiple county offense; and (4) request the assistance of a law enforcement agency in conducting an investigation. Adds the attorney general, a deputy attorney general, and an attorney general investigator to the definition of "law enforcement officer". Authorizes a law enforcement agency to assist the attorney general. Specifies that the attorney general does not have the power to prosecute a person, unless requested to do so by the prosecuting attorney, or to arrest a person.
Sponsor: John Bartlett
End of life options. Allows individuals with a terminal illness who meet certain requirements to make a request to an attending physician for medication that the individual may self-administer to end the individual's life. Specifies requirements a physician must meet in order to prescribe the medication to a patient. Prohibits an insurer from denying payment of benefits under a life insurance policy based upon a suicide clause in the life insurance policy if the death of the insured individual is the result of medical aid in dying. Establishes a Level 1 felony if a person: (1) without authorization of the patient, willfully alters, forges, conceals, or destroys a request for medication or a rescission of a request for medication with the intent or effect of causing the individual's death; or (2) knowingly or intentionally coerces or exerts undue influence on an individual to request medication to end the individual's life or to destroy a rescission of a request for medication to end the individual's life.
Sponsor: Matt Pierce
Covenants not to compete. Provides that an employer may not require that an employee or a prospective employee whose earnings do not exceed $15 an hour sign a covenant not to compete for any period of time after the termination of employment with the employer. Provides that an employer may not enforce a covenant not to compete, if at the time the employee left employment, the employee's earnings did not exceed $15 an hour.
Sponsor: J.D. Ford
Criminal justice study committee. Establishes the criminal justice study committee.
Sponsor: John Bartlett
Deduction for military income. Provides a 100% state income tax deduction for all active military service income received by an individual. Increase the income tax deduction for military retirement or survivor's benefits from $6,250 to $40,000.
Sponsor: Eddie Melton
Cursive writing. Requires each school corporation, elementary charter school, and accredited nonpublic elementary school to include cursive writing in its curriculum.
Sponsor: Sheila Klinker
Child placement. Provides that the department of child services (department) may place a child alleged to be a child in need of services with a relative or de facto custodian if the placement is in the best interests of the child.
Sponsor: Kevin Mahan
Moratorium on privately operated facilities. Prohibits the department of correction from contracting with a private organization for the incarceration of committed persons or immigration detainees in a facility owned by the private organization, and for the operation by the private organization of a correctional facility or immigration detention center owned by the state. Prohibits a unit of local government from contracting with a private organization for the incarceration of prisoners or immigration detainees in a facility owned by the private organization or for the operation by the private organization of a correctional facility or immigration detention center owned by the unit of local government. Provides exceptions for centers providing reentry services as part of a community transition program.
Sponsor: Eddie Melton
Healthy Indiana plan. Removes the requirement from the healthy Indiana plan (HIP) that if an individual who has an annual income of more than 100% of the federal poverty income level has not made payment to HIP within 60 days, the individual shall be terminated from HIP and may not reenroll in HIP for at least six months. (The reduced benefit and copayment requirements that apply to individuals who have an annual income that is at or below 100% of the federal income poverty level would also apply to individuals with an annual income above 100% of the federal poverty income level.) Makes a conforming change.
Sponsor: Sheila Klinker
Implicit bias training. Requires members of the general assembly to complete not less than one hour of implicit bias training. Specifies that the training must be comparable to the implicit bias training provided to law enforcement officers employed by a consolidated city.
Sponsor: J.D. Ford
Regulation of firearms. Defines the term "regulated weapon". Defines the term "multiburst trigger activator". Requires a person wishing to: (1) sell; (2) trade; or (3) transfer; a firearm to conduct the transaction through a licensed Indiana firearms dealer. Requires a licensed Indiana firearms dealer to perform a NICS background check when facilitating the: (1) sale; (2) trade; or (3) transfer; of a firearm between private parties. Creates the crime of "unlawful transfer of a regulated weapon". Prohibits the: (1) sale; (2) trade; or (3) transfer; of a regulated weapon to a person less than 21 years of age. Provides that a dealer or person who: (1) sells; (2) trades; or (3) transfers; a regulated weapon to a person less than 21 years of age commits a Level 6 felony. Creates the crime of "unlawful possession of a multiburst trigger activator". Provides that the possession or sale of a multiburst trigger activator is a Class A misdemeanor. Provides that the crime of unlawful possession of a multiburst trigger activator is a Level 6 felony if the person has a prior, unrelated conviction for the offense. Makes conforming amendments.
Sponsor: Mark Stoops
Township assistance appeal. Allows a township assistance applicant to appeal to the county commissioners if a township trustee refuses or fails to respond to a request for township assistance services.
Sponsor: Rick Niemeyer
Death sentence elimination and life imprisonment. Abolishes the death penalty. Repeals the law concerning the imposition and execution of death sentences and makes conforming amendments. Specifies that if a person was sentenced to death and is awaiting execution of the death sentence, the person's death sentence is commuted to a sentence of life imprisonment without parole. Provides that when a defendant is charged with a murder for which the state seeks a sentence of life imprisonment without parole, the defendant may file a petition alleging that the defendant is an individual with an intellectual disability. Provides that if a defendant who is determined to be an individual with an intellectual disability is convicted of murder, the court may sentence the defendant only to a fixed term of imprisonment. Makes technical corrections.
Sponsor: Lonnie Randolph
Elimination of the state board of education. Eliminates the state board of education (state board). Transfers all powers, duties, agreements, and liabilities of the state board to the department of education. Requires the legislative services agency to prepare legislation for introduction in the 2020 regular session of the general assembly to organize and correct statutes affected by this act.
Sponsor: Edward DeLaney
Indiana state census count committee. Establishes the Indiana state census count committee to develop, recommend, and assist in the administration of a census outreach strategy to encourage full participation in the 2020 federal decennial census. Appropriates $13,000,000 from the state general fund beginning July 1, 2019, and ending June 30, 2020, to provide funding for the committee's activities.
Sponsor: Earl Harris
Uniform food and beverage tax. Provides that a county fiscal body may impose a uniform food and beverage tax if the county is not required or authorized to impose a food and beverage tax under any other law (other than the stadium and convention funding food and beverage tax). Specifies that the tax rate may not exceed 1% and must be imposed in increments of 0.25%. Provides that revenue from the tax may be used by the county, after appropriation by the county fiscal body, only for: (1) capital improvements that promote economic development in the county, including fairgrounds, convention centers, or conference centers; (2) certain costs that are necessary or useful for such a capital improvement; and (3) paying the principal and interest of any bonds issued or lease rental payments for a lease entered into for these purposes. Specifies that the tax revenue may not be used to pay any operating expenses. Authorizes the county fiscal body to pledge the tax revenue to pay bonds issued, loans obtained, and lease payments or other obligations incurred by or on behalf of the county for purposes authorized under the uniform food and beverage tax law. Specifies that a uniform food and beverage tax imposed in a county remains in effect until the earlier of: (1) the date on which the county fiscal body rescinds the food and beverage tax; or (2) the last day of the month beginning immediately after the tenth anniversary of the date on which the food and beverage tax was first imposed in the county.
Sponsor: Robert Cherry
Sexual harassment prevention training. Provides that sexual harassment prevention training is annually required for: (1) the secretary of state and each employee of the secretary of state; (2) the attorney general and each employee of the attorney general; (3) the auditor of state and each employee of the auditor of state; (4) the treasurer of state and each employee of the treasurer of state; and (5) the superintendent of public instruction and each employee of the superintendent of public instruction.
Sponsor: Cherrish Pryor
Medical marijuana for the terminally ill. Creates a defense to possession of paraphernalia that: (1) the paraphernalia is for use with marijuana; and (2) a physician has certified in writing that the person suffers from a terminal illness or serious untreatable disease, and, in the professional opinion of the physician, the benefits of treatment with marijuana are greater than the risks. Creates a defense to possession of marijuana that: (1) the person possessed less than two ounces of marijuana; and (2) a physician has certified in writing that the person suffers from a terminal illness or serious untreatable disease, and, in the professional opinion of the physician, the benefits of treatment with marijuana are greater than the risks.
Sponsor: Mark Stoops
Age for compulsory school attendance. Provides that a student is bound by compulsory school attendance requirements from the beginning of the fall school term for the school year in which the student is five years of age on August 1 of that school year. (Current law provides that a student is bound by compulsory school attendance requirements from the beginning of the fall school term for the school year in which the student becomes seven years of age.) Makes conforming amendments.
Sponsor: Greg Taylor
Teacher leaders. Requires the state board of education (state board) to establish standards that a teacher must meet to qualify as a teacher leader and be eligible to receive a teacher leader endorsement. Provides that the state board may establish multiple standards and more than one pathway of standards that a teacher may meet to qualify as a teacher leader. Provides that the standards established by the state board may include part or all of the teacher leader model standards established by the Teacher Leadership Exploratory Consortium. Provides that, if a teacher meets the standards established by the state board and applies to the department of education (department) for a teacher leader endorsement, the department shall add to the teacher's teaching license a teacher leader endorsement that indicates the teacher has met the standards established by the state board.
Sponsor: Jeff Raatz
Integrated school based mental health. Establishes the integrated school based mental health and substance use disorder services grant program (program) to provide grants to school corporations for the development, implementation, and maintenance of integrated school based mental health and substance use disorder services plans. Requires the department of education to administer the program. Provides that, beginning after June 30, 2020, a school corporation is eligible for a grant if the school corporation meets the requirements of the program. Establishes the requirements to participate in the program and grant amounts.
Sponsor: Randall Head
Assessed value deduction for disabled veterans. Increases the assessed value limit for the disabled veteran deduction by the annual percentage increase in the consumer price index for assessment dates after December 31, 2019.
Sponsor: Lonnie Randolph
Strict liability for dog bites. Holds a dog owner or custodian strictly liable for a dog bite or injury when: (1) a dog bites or injures a person without provocation; and (2) the person is bitten or injured while in a location the person is legally authorized to occupy.
Sponsor: Steve Bartels
Mandatory electronic prescriptions. Requires dentists, physicians, advanced practice registered nurses, optometrists, physician assistants, and podiatrists to issue a prescription in an electronic format and by electronic transmission after June 30, 2019. Provides exceptions to issuing an electronically transmitted prescription. Requires the Indiana board of pharmacy to adopt rules concerning electronically transmitted prescriptions. Provides that dentists, physicians, advanced practice registered nurses, optometrists, physician assistants, and podiatrists are subject to disciplinary action for violating these provisions. Makes conforming changes.
Sponsor: James Merritt
Practice of naturopathic medicine study. Urges the legislative council to assign to an interim study committee the task of studying issues related to the creation of a license to practice naturopathic medicine in Indiana.
Sponsor: David Niezgodski
Safe storage of firearms. Prohibits a person from keeping or storing a firearm on any premises controlled by the person if one or more of the following conditions apply: (1) The person knows, or reasonably should know, that a child is likely to gain access to the firearm. (2) A permanent resident or temporary occupant of the premises is disqualified, ineligible, or prohibited from possessing a firearm under federal or state law. (3) A permanent resident or temporary occupant of the premises poses a risk of imminent personal injury to himself or herself or any other individual. Provides that a failure to secure a firearm that results in injury to, or the death of, another person is a Level 6 felony. Enhances the offense to a Level 5 felony if the person has a prior, unrelated conviction for the offense. Specifies certain defenses. Defines certain terms. Makes conforming amendments.
Sponsor: Edward DeLaney
Protective orders. Provides that, for purposes of protective orders, the court that issues a protective order shall maintain jurisdiction over the protective order unless the petitioner requests that the protective order be transferred to a different county due to the petitioner's change in residency. Provides an opportunity for the respondent to file an objection to the transfer of jurisdiction.
Sponsor: Randall Head
Law enforcement officer training. Allows the law enforcement training board to establish minimum standards concerning firearms marksmanship and proficiency. Provides that firearms proficiency may not be taught or tested through the use of any target bearing a photorealistic depiction of a human being in any law enforcement: (1) basic training course; (2) inservice course; or (3) refresher course; used to train or accredit a law enforcement officer.
Sponsor: Lonnie Randolph
Training requirements for armed educators. Provides that, after December 31, 2019, a person must be certified by an association or other entity approved by the school safety board (board) in order to be authorized by a school board to legally possess a firearm in or on school property. Provides that the board shall certify certain associations or other entities to approve providers that provide certified firearm proficiency courses to certify persons who may legally possess a firearm in or on school property. Provides that an approved association or other entity may issue a credential or certification to a person who has successfully completed a certified firearm proficiency course and meets certain annual training requirements.
Sponsor: Christopher Judy
Piping materials for public works projects. Defines "acceptable piping material" as piping material that: (1) meets certain recognized standards; and (2) meets the performance specifications for the public works contract. Provides, for purposes of the law on public works projects of state agencies and political subdivisions, including design-build public works projects, that the specifications or design criteria package must allow bidding in open competition for acquisition of acceptable piping materials for use in the public works project. Provides, however, that a public works project's engineer is not limited in selecting any acceptable piping materials that meet the requirements of the public works project.
Sponsor: Doug Miller
Reporting of domestic violence convictions to NICS. Requires a court to provide certain information to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) data base upon entering a judgment of conviction for domestic battery.
Sponsor: Edward DeLaney
NICS reporting under the Jake Laird law. Requires notifying the federal National Instant Criminal Background Check System (NICS) if a court has determined that a person is dangerous in a firearms retention hearing conducted under the Jake Laird law, and requires NICS notification if the court determines in a subsequent hearing that the person is no longer dangerous.
Sponsor: Edward DeLaney
Adoption subsidy payment requirement. Requires the department of child services (department) to: (1) enter into an agreement with each adoptive parent of a child with special needs who is eligible for an adoption subsidy to provide an adoption subsidy for the child; and (2) allocate funds to the adoption assistance account necessary to make the adoption subsidy payments. Prohibits the department from terminating an adoption subsidy agreement with adoptive parents due to insufficient funds in the adoption assistance account. Makes conforming changes. Repeals a provision that allows the department to: (1) approve new adoption subsidy agreements only for children who are wards of the department at the time the adoption petition is filed; and (2) give priority to funding new adoption subsidy agreements for children who are or were wards of the department; if the department determines that sufficient funds are not available.
Sponsor: Lonnie Randolph
Storage of firearms. Prohibits a person from keeping or storing a firearm on any premises controlled by the person if one or more of the following conditions apply: (1) The person knows, or reasonably should know, that a child is likely to gain access to the firearm. (2) A permanent or temporary resident of the premises is disqualified, ineligible, or prohibited from possessing a firearm under federal or state law. (3) A permanent or temporary resident of the premises poses a risk of imminent personal injury to himself or herself or any other individual. Provides that a failure to secure a firearm that results in injury to, or the death of, another person is a Level 6 felony. Enhances the offense to a Level 5 felony if the person has a prior, unrelated conviction for the offense. Specifies certain defenses. Defines certain terms. Makes conforming amendments.
Sponsor: Mark Stoops
Provides that the people of Indiana may propose and adopt amendments to the Constitution of the State of Indiana and propose and enact statutes independent of the general assembly through initiative. Provides that the people of Indiana may approve or reject through referendum any statute or part of any statute enacted by the general assembly. This proposed amendment has not been previously agreed to by a general assembly.
Sponsor: Mark Stoops
Ban on flame retardant material. Defines "flame retardant chemical". Prohibits the manufacture, assembly, acceptance for sale, and selling of certain upholstered furniture, mattresses, and mattress pads that contain more than 0.1% of a flame retardant chemical or more than 0.1% of a mixture that contains a flame retardant chemical.
Sponsor: Carey Hamilton
Timber management. Requires that, before a permit, lease, or contract is issued to a person to remove merchantable timber, the person must secure a written approval from all counties in which any truck to be used in the removal operation is to be driven. Requires the department of natural resources (department) to prepare and publish on the department's Internet web site a cost-benefit analysis concerning the removal of merchantable timber from state forests. Provides that the department may not advertise or solicit bids for the removal of merchantable timber from a state forest until the cost-benefit analysis has been published on the department's Internet web site for at least 30 days.
Sponsor: Mark Stoops
Disabled veteran parking placard. Provides that a person who is qualified to receive a disabled Hoosier veteran plate and has been issued a permanent parking placard may not be charged a fee for parking in a metered space or assessed a penalty for parking in a metered space for longer than the time permitted.
Sponsor: Karlee Macer
Lifeline law. Provides immunity from arrest, prosecution, probation or parole revocation, and civil forfeiture for an offense involving: (1) delivering alcohol to a minor or providing a place for a minor to consume alcohol; (2) possession of paraphernalia; (3) possession of a syringe; (4) possession of a controlled substance; or (5) delivery of a controlled substance for no consideration; if the law enforcement contact with the person was due to the reporting of a medical emergency or relates to the person being the victim of a sex crime, or to the reporting of a crime, and certain other conditions are met. Specifies that the arrest and criminal immunity provisions of the lifeline law also apply to the person requiring medical attention. Specifies that a person to whom the lifeline law currently applies is also immune to: (1) civil forfeiture; and (2) probation and parole revocation. Repeals an obsolete provision.
Sponsor: James Merritt
Area agencies on aging. Requires the division of aging to: (1) remove Howard County from the Area 5 agency on aging coverage area; (2) add Howard County to the Area 6 agency on aging coverage area; and (3) transfer all remaining funds for the reimbursement of services to be performed by the Area 5 agency on aging for Howard County from the Area 5 agency on aging to the Area 6 agency on aging.
Sponsor: Michael Karickhoff
Small business job creation tax credit. Provides a nonrefundable tax credit to a small business for employing a qualified new employee. Defines "qualified new employee" as an individual who is receiving unemployment benefits, is a military veteran, or had been convicted of a felony. Provides that the small business must employ a greater number of full-time employees in Indiana in the taxable year than the small business employed in Indiana, on average, during the period beginning January 1, 2018, and ending June 30, 2018. Provides that the qualified new employee must be hired full time. Provides that the credit applies only to taxable years beginning in 2019, 2020, and 2021. Provides that the credit is $3,000 per qualified new employee, not to exceed $100,000 per small business. Provides that the small business may carry any excess credit over to not more than three subsequent taxable years. Provides that the small business forfeits 50% of the amount of the tax credits attributable to the employment of a qualified new employee, if within 18 months after the qualified new employee was initially hired: (1) the qualified new employee is terminated, laid off, or otherwise reclassified to a position that is not a full-time employment position with the small business; or (2) the position created for the qualified new employee is eliminated.
Sponsor: Lonnie Randolph
Ranked choice voting. Permits a municipality to implement ranked choice voting for all of the municipality's elected offices. Permits a county to implement ranked choice voting for all offices elected in the county. Establishes the procedure for a voter to rank the candidates according to the voter's choice when there are three or more candidates for election to an office. Establishes the procedures to count the voter's choices as votes at various stages of tabulating ballots. Makes conforming amendments.
Sponsor: Mark Stoops
Custody of documents under audit. Removes provisions regarding the authority of the state board of accounts (board) to conduct an examination without notice to an entity subject to examination. Specifies the manner in which records requested as part of an examination must be handled. Requires the board, in the case of an examination of a township, to: (1) notify the township executive (executive) of the records requested by the board; and (2) allow the executive to bring the requested records to the circuit court clerk's office. Makes corresponding changes.
Sponsor: Rick Niemeyer
Living wage. Replaces all references to the state minimum wage with "living wage". After June 30, 2019, increases the living wage paid to certain employees from $7.25 per hour to $15 per hour.
Sponsor: Edward DeLaney
Small loan finance charges. Changes the current incremental finance charge limits that apply to a small loan to a maximum annual rate. Prohibits certain acts with respect to financing of a small loan and makes a violation a deceptive act and subject to penalties.
Sponsor: Carey Hamilton
Out-of-state drug prescriptions. Provides that if a patient legally obtains a drug containing marijuana, hash oil, hashish, or salvia in a state, territory, or possession of the United States other than Indiana through a prescription from a licensed physician acting in the course of the physician's professional medical practice and dispensed by a licensed pharmacist or other licensed dispenser, the patient may possess marijuana, hash oil, hashish, or salvia subject to certain requirements and limitations.
Sponsor: Christopher Judy
Restricted use of fireworks. Provides that it is a Class C infraction to ignite, discharge, or use consumer fireworks except during certain hours on the five days preceding July 4, July 4, and the five days following July 4. (Current law provides that it is a Class C infraction to ignite, discharge, or use consumer fireworks after 11 p.m. or before 9 a.m. or during certain hours on certain identified holidays.) Makes technical corrections.
Sponsor: Sheila Klinker
Failure to identify. Provides that a person who knowingly or intentionally refuses to identify himself or herself to a law enforcement officer who has reasonable suspicion to believe that the person has committed, is committing, or is about to commit a crime commits failure to identify, a Class C misdemeanor.
Sponsor: Ethan Manning
Local tax matters. Provides that the local income tax council is the county adopting body for purposes of the local income tax only if: (1) the county income tax council (under the prior law) adopted either the county option income tax or the county economic development income tax; and (2) the population of the county is more than 140,000. Specifies that in all other cases, the county adopting body is the county council. Provides that Highland Township in Greene County may increase its maximum township property tax levy for 2020 and thereafter. Provides that Taylor Township in Greene County may increase its maximum township property tax levy and its maximum fire protection and emergency services property tax levy for 2020 and thereafter.
Sponsor: Jeff Ellington
Prohibition of conversion therapy. Prohibits a mental health provider from engaging in conversion therapy with a patient less than 18 years of age, and subjects a mental health provider who violates the prohibition to disciplinary action.
Sponsor: Mark Stoops
Vocational education. Establishes the additive manufacturing pilot grant program to: (1) make grants to school corporations to facilitate eligible student instruction in the use of additive manufacturing equipment; and (2) provide eligible students with an industry recognized certificate or credential in operating additive manufacturing equipment. Provides that a school corporation may apply for a grant from the additive manufacturing pilot fund (fund) to purchase additive manufacturing equipment. Establishes criteria that a school corporation must meet to receive a grant from the fund. Provides that the maximum amount of a grant awarded from the fund is $150,000.
Sponsor: Steve Bartels
Bed bug abatement. Repeals statutes concerning state and local programs for pest and vector abatement. Allows: (1) the executive board of the state department of health to adopt rules; and (2) the board of a municipal corporation and the health and hospital corporation to adopt ordinances and rules; concerning the control of pests and vectors. Provides that the owner, lessee, superintendent, or manager of an establishment subject to the lodging establishment laws may not furnish beds or bedding infested with pests or vectors. Requires that a lodging establishment room that has an infested bed or infested bedding must be thoroughly fumigated, disinfected, and renovated until the pests and vectors are entirely exterminated. Makes conforming amendments.
Sponsor: Gregory Porter
Signage on private property used for voting. Provides that the county executive shall require that the owner, lessee, or manager or any other individual or entity that controls a nonpublic building used as a polling place to permit a candidate or an individual designated as a candidate's representative to place signs on the property of the nonpublic building beginning 29 days before election day. Authorizes the owner, lessee, or manager or any other individual or entity that controls a nonpublic building to remove signs placed on the property not earlier than two days after election day.
Sponsor: Michael Karickhoff
State payments in lieu of property taxes. Requires the state to make payments in lieu of property taxes (PILOTs) for qualified parcels in counties in which at least 15% of all land in the county is: (1) in the aggregate, owned or leased by the state of Indiana or the federal government; and (2) subject to an exemption from property taxes. Defines "qualified parcel" as a parcel that is: (1) owned or leased by the state of Indiana; (2) subject to an exemption from property taxes; and (3) located in a county to which this act applies. Provides that a county containing qualified parcels is entitled to receive PILOTs from the state. Provides that for purposes of calculating a PILOT, each acre of the qualified parcel is considered to have an assessed value of 1/2 of the statewide agricultural land base rate value. Provides that money received from the PILOTs must be used by the taxing units for one or more of the following purposes: (1) Public safety. (2) Capital improvements. (3) Purchase or lease of equipment. Annually appropriates from the state general fund the amount necessary to pay the required PILOTs.
Sponsor: Steve Bartels
Plan commission executive director. Provides that: (1) the county executive may appoint the executive director of an area plan commission; and (2) if the county executive does not appoint the executive director within 45 days of a vacancy in the position, the area plan commission may appoint the executive director. (Under current law, the area plan commission appoints the executive director.)
Sponsor: Robert Cherry
Peer to peer car rentals. Specifies that a car facilitation company is a company facilitating the noncommercial use of a privately owned passenger motor vehicle by a person other than the vehicle's registered owner. Provides that a car facilitation company is treated the same as a car rental company under the trade regulation statutes and for purposes of the state gross retail and use tax, the state auto rental excise tax, and the Marion County and Vanderburgh County car rental excise taxes. Specifies requirements related to a car facilitation transaction and vehicle safety recalls. Makes conforming amendments.
Sponsor: Michael Karickhoff
Study committee on addiction professionals. Urges the legislative council to assign to an appropriate interim study committee topics concerning the addiction treatment workforce and overlapping education, experience, and scope of practice for master's level occupations regulated by the behavioral health and human services licensing board.
Sponsor: Randall Head
Age 65 and older property tax deduction. Provides for a property tax deduction for individuals at least 65 years of age on real property, mobile homes not assessed as real property, and manufactured homes not assessed as real property in an amount equal to one-half of the assessed value of the real property, mobile home, or manufactured home. (Current law provides for a deduction equal to the lesser of one-half of the assessed value or $12,480.)
Sponsor: Earl Harris
Lifeline law. Provides immunity from arrest, prosecution, probation or parole revocation, and civil forfeiture for an offense involving: (1) delivering alcohol to a minor or providing a place for a minor to consume alcohol; (2) possession of paraphernalia; (3) possession of a syringe; (4) possession of a controlled substance; or (5) delivery of a controlled substance for no compensation; if the law enforcement contact with the person was due to the reporting of a medical emergency or relates to the person being the victim of a sex crime, or to the reporting of a crime, and certain other conditions are met. Specifies that the arrest and criminal immunity provisions of the lifeline law also apply to the person requiring medical attention. Specifies that a person to whom the lifeline law currently applies is also immune to: (1) civil forfeiture; and (2) probation and parole revocation. Repeals an obsolete provision.
Sponsor: Mark Stoops
Partition fences. Provides that a fence that is used by adjoining property owners as a fence is, unless otherwise agreed upon by the property owners, considered a partition fence and must be repaired, maintained, and paid for by the person who builds the fence or causes the fence to be built. Provides that the existing partition fence law applies to partition fences built and maintained before January 1, 2019. Repeals provisions of the fence law concerning: (1) required payment to the owner for an existing fence when previously unenclosed property becomes enclosed; and (2) application and construction of the partition fence law.
Sponsor: Mark Stoops
Common nuisance. Reduces the penalty for maintaining a common nuisance from a Level 6 felony to a Class A misdemeanor for a first offense.
Sponsor: Mike Bohacek
Certificates of title. Provides that the bureau of motor vehicles may issue a salvage title to a vehicle designated as "JUNK" in certain situations.
Sponsor: Jeff Ellington
Lake County solid waste management district. Provides that the Lake County solid waste management district (district) may not levy a property tax that is first due and payable in 2020 and thereafter, except to the extent necessary to pay the principal and interest on outstanding bonds or other debt obligations after December 31, 2019. Requires the department of local government finance to increase the maximum permissible ad valorem property tax levy in Lake County by an amount equal to the amount of the tax levy imposed by the district in 2019. Authorizes the Lake County fiscal body to appropriate to
Sponsor: Rick Niemeyer
Designated wild areas in certain state forests. Provides that 13 specified areas within certain state forests are "designated wild areas". Specifies certain activities that are prohibited or allowed within a designated wild area. Establishes responsibilities for the department of natural resources (DNR) and divisions of the DNR that manage designated wild areas.
Sponsor: Mark Stoops
School bus inspection and equipment requirements. Provides that the state police department may not condition issuance of a certificate of inspection to a school bus or special purpose bus on removal of equipment installed by the bus's manufacturer in compliance with another state's law.
Sponsor: Robert Cherry
Publication of township abstract. Eliminates the requirement that a township publish its annual abstract of receipts and expenditures.
Sponsor: Rick Niemeyer
Placement priority for foster parents. Provides that if a child in need of services is: (1) returned from an out-of-home placement to an in-home placement; and (2) subsequently removed from the in-home placement; the court and the department of child services (DCS) shall notify the foster family with which the child was previously placed and make a reasonable attempt to place the child with that foster family. Provides that if the child has previously been placed in multiple out-of-home placements, the court and DCS shall make a reasonable attempt to place the child in the most recent out-of-home placement that
Sponsor: James Merritt
Use of headlights in bad weather. Specifies that unfavorable atmospheric conditions requiring the use of vehicle headlights include rain, snow, and fog.
Sponsor: Dave Heine
Foundation to support the Indiana Veterans' Home. Allows the Indiana department of veterans' affairs to establish a foundation that is a nonprofit corporation exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code. Provides that the foundation may accept private funding, gifts, donations, and bequests. Requires the foundation to use any money received to support the Indiana Veterans' Home and to carry out purposes and programs related to the Indiana Veterans' Home. Requires an annual audit of the foundation by the state board of accounts.
Sponsor: Sheila Klinker
Prevailing wage. Requires that, whenever the actual costs for the construction of a public improvement are at least $150,000, a contractor or subcontractor shall pay the workers employed in the performance of work for the construction of the public improvement a rate of wages that is not less than the prevailing wage determined by the commissioner (commissioner) of the department of labor. Requires that employer contributions for fringe benefits paid under a bona fide collective bargaining agreement be included in the prevailing wage determination unless a contractor or subcontractor is required by federal, state, or local law to provide the fringe benefit. Provides that a prevailing wage determination is conclusive for one year from the date of the determination unless the determination is superseded by a later determination. Requires that all prevailing wage determinations be publicly available. Requires that a contract or subcontract for the construction of a public improvement contain a provision stating that the contractor or subcontractor is required to pay a rate of wages that is not less than the prevailing wage, and that, if it is determined that a worker has been paid less than the prevailing wage, the public body may terminate the contract or part of the contract and continue the work with the public body's own work force or another contractor or subcontractor. Requires a contractor or subcontractor to make full payment of wages without any deductions, except for deductions required by federal or state law and deductions agreed to by the worker and approved by the contracting public body as fair and reasonable. Provides that if a contractor or subcontractor fails to provide records requested by the commissioner concerning the payment of a prevailing wage, the commissioner may direct the fiscal or financial officer of the contracting public body to withhold from payment up to 25% of the contract amount and pay the workers directly any wages and fringe benefits due and payable. Requires the commissioner to distribute to all public bodies in the state a list of persons and firms that the commissioner can determine have not paid prevailing wages and prohibits a public body from awarding a contract or subcontract to a person or firm on the list for three years after the list is published. Provides mechanisms for the commissioner, workers, or an interested body to enforce violations of the prevailing wage law. Requires a contractor or subcontractor that fails to pay prevailing wages to pay as a civil penalty 75% of the difference between the prevailing wage rate and the wages paid to the workers. Deposits the civil penalties into a prevailing wage penalty enforcement fund to be used to pay expenses incurred by the commissioner in the administration and enforcement of the prevailing wage law. Prohibits a person from requesting or demanding all or a portion of a worker's wages in exchange for employment on the construction of a public improvement. Prohibits a public body from dividing the construction of a public improvement into two or more contracts to avoid paying the prevailing wage.
Sponsor: David Niezgodski
Crimes involving the death of an individual. Increases the penalty for certain crimes involving death. Provides that a court may suspend only that part of a sentence that is in excess of the minimum sentence for a person convicted of a Level 3 or Level 4 felony for certain crimes involving death or serious bodily injury. (Current law provides that a court may suspend any part of a sentence for certain crimes involving death or serious bodily injury.) Makes a technical correction.
Sponsor: Jon Ford
County option property tax replacement fee. Permits a county council or a local income tax adopting body to establish an annual property tax replacement fee on any parcel receiving assessed value deductions or property tax credits that reduce the annual property tax liability on the parcel to less than the fee amount set by the county. Provides that the fee must be at least $100 but not more than $400. Specifies that the property taxes paid on the parcel are a credit against the fee. Changes the county option amount from $25 to $100 for requiring the payment of property taxes and the property tax replacement fee, if any, in the May installment. Eliminates the $5 minimum property tax statement processing fee if a county adopts the property tax replacement fee.
Sponsor: Michael Karickhoff
Driver instruction regarding law enforcement procedures. Requires the bureau of motor vehicles to include in any driver's manual published by the bureau: (1) a description of law enforcement procedures during a traffic stop; and (2) actions a motorist should take during a traffic stop, including appropriate interactions with law enforcement officers. Requires the driver education advisory board to consult with the commissioner of the bureau of motor vehicles and the state police department regarding instruction on: (1) law enforcement procedures during traffic stops; and (2) actions a motorist should take during a traffic stop, including appropriate interactions with law enforcement officers.
Sponsor: Lonnie Randolph
Superintendent of public instruction. Amends the date on which the office of the state superintendent of public instruction is abolished. Provides for the appointment of the secretary of education by the governor beginning January 11, 2021. (Current law provides that the governor does not appoint the secretary of education until January 11, 2025.)
Sponsor: Jeff Raatz
Infant born with neonatal abstinence syndrome. Allows the filing of a petition to terminate the parent-child relationship involving a delinquent child or a child in need of services if, in part, the child has been diagnosed with neonatal abstinence syndrome at birth. Allows the filing of a motion to dismiss a petition to terminate the parent-child relationship on the basis of a neonatal abstinence syndrome diagnosis if: (1) the diagnosis is due to medical treatment administered during delivery; (2) the diagnosis is due to a valid prescription held and adhered to by the mother; or (3) the mother, within 90 days of the child's birth, enrolls in a substance abuse treatment or recovery program, receives a postnatal care regimen, and maintains compliance with the program and regimen.
Sponsor: Jon Ford
End of life options. Allows individuals with a terminal illness who meet certain requirements to make a request to an attending physician for medication that the individual may self-administer to end the individual's life. Specifies requirements a physician must meet in order to prescribe the medication to a patient. Prohibits an insurer from denying payment of benefits under a life insurance policy based upon a suicide clause in the life insurance policy if the death of the insured individual is the result of medical aid in dying. Establishes a Level 1 felony if a person: (1) without authorization of the patient, willfully alters, forges, conceals, or destroys a request for medication or a rescission of a request for medication with the intent or effect of causing the individual's death; or (2) knowingly or intentionally coerces or exerts undue influence on an individual to request medication to end the individual's life or to destroy a rescission of a request for medication to end the individual's life.
Sponsor: Lonnie Randolph
Lake County local income tax distributions. Adds an expiration date for certain special provisions in current law that allow the Lake County council to adopt an ordinance to use local income tax revenue to provide property tax replacement credits against: (1) property tax levies imposed by the county; or (2) property taxes imposed by municipalities and by the county in unincorporated areas. Provides a schedule for distribution of the tax revenue until the expiration of the special provisions in current law. Provides that if Lake County has an ordinance in effect under the special provisions that reduces all property tax levies imposed by the county by the granting of property tax replacement credits against those property tax levies, the tax rate imposed under that ordinance continues in effect and shall be imposed under the provisions in the local income tax statute that apply to all counties.
Sponsor: Travis Holdman
Licensure of behavior analysts. Provides for licensure of behavior analysts and assistant behavior analysts (rather than certification under current law). Specifies requirements for a license. Sets forth exemptions. Makes conforming amendments.
Sponsor: Christopher Judy
Local income tax rate. Increases the maximum portion of the local income tax expenditure rate that a county fiscal body may allocate for correctional and rehabilitation facilities from 0.2% to 0.4%. Extends the maximum time period for the allocation from 20 to 22 years.
Sponsor: Robert Cherry
Elimination of annual adjustments of assessed values. Eliminates the annual adjustments (or "trending") to assessed values of certain real property for assessment dates beginning after December 31, 2019. Retains the provisions in current law that require four year cyclical reassessments. Allows a reassessment plan for the four year cyclical reassessments to include trending factors in the plan. Does not eliminate the annual adjustment for agricultural land. Makes conforming changes. Makes technical corrections.
Sponsor: Rick Niemeyer
Firearms storage. Defines the term "reasonable effort". Provides that a parent or legal guardian of a child who makes a reasonable effort to prevent a child from accessing or possessing a firearm is exempt from the statute concerning dangerous control of a child. Makes a technical correction. Makes conforming amendments.
Sponsor: James Merritt
Alcoholic beverage wholesalers. Provides that a commercially reasonable agreement between and among beer, wine, or liquor wholesalers and wholesaler's affiliates to provide logistic services does not create prohibited interests between or among the wholesalers.
Sponsor: Philip Boots
Misleading or inaccurate caller identification. Provides that the attorney general can collect attorney fees and costs in a civil action for a violation of the law prohibiting misleading or inaccurate caller identification. Makes technical changes to the deceptive consumer sales act (act) to: (1) include in the list of acts constituting deceptive acts for purposes of the act, a reference to a violation of the statute concerning misleading or inaccurate caller identification information; and (2) include a reference to the Indiana Code provision that specifies the civil penalty that the attorney general may recover for a knowing or intentional violation of the statute concerning misleading or inaccurate caller identification. Makes the following changes to the statute prohibiting misleading or inaccurate caller identification: (1) Provides that after June 30, 2019, the statute applies to the transmission of information through a caller identification service only with respect to commercial telephone solicitations. (2) Defines "commercial telephone solicitation" as an unsolicited call that is made to a subscriber and with respect to which: (A) neither: (i) the person initiating the call; nor (ii) the employer or person for whom the person initiating the call is acting as an employee, an agent, or a contractor; has had a prior business or personal relationship with the subscriber; and (B) the purpose of the call is to solicit the purchase of goods or services. Specifies that the term does not include calls made in response to a call initiated by a subscriber.
Sponsor: Randall Head
School bus safety. Provides that a person who operates a vehicle and recklessly passes a school bus stopped to load or unload a student when the arm signal device is extended commits a Class B misdemeanor. Provides that a person who operates a vehicle and recklessly passes a school bus stopped to load or unload a student when the arm signal device is extended and causes bodily injury commits a Class A misdemeanor. Provides that a person who meets or overtakes from any direction a school bus stopped to load or unload a student when the arm signal device is extended commits a Class A infraction. Provides that a court may suspend the driving privileges of a person who meets or overtakes from any direction a school bus stopped to load or unload a student when the arm signal device is extended.
Sponsor: Mike Bohacek
Bias motivated crimes. Provides that a bias motivated crime is a crime in which the person who commits the crime knowingly or intentionally selects: (1) the individual against whom the crime was committed; or (2) any property damaged or otherwise affected by the crime; in whole or in part because of the actual or perceived race, color, religion, ethnicity, national origin, sexual orientation, gender, gender identity or expression, or disability of the individual or a group of individuals, whether or not the person's belief or perception was correct. Amends the law that requires law enforcement agencies to collect and report information concerning bias motivated crimes. Makes it an aggravating circumstance that may be considered by a judge when the judge imposes a sentence for a crime if the crime is a bias motivated crime.
Sponsor: Gregory Porter
Fuel taxes on compressed natural gas. Provides a quarterly refund of the special fuel tax paid on the difference between the amount of special fuel purchased by a compressed natural gas product fuel station and the amount of compressed natural gas product produced and sold by the compressed natural gas product fuel station. Permits a retroactive refund claim to be made for special fuel taxes paid from July 1, 2018, through June 30, 2019. Makes corresponding changes to other refund provisions and the special fuel tax collection allowance.
Sponsor: Randall Frye
Storage of firearms at public venues. Requires certain facilities owned or operated by a political subdivision to provide a secure storage location for handguns owned by visitors. Permits a handgun permit holder to carry a handgun on the property of certain facilities for the purpose of safely and securely storing the handgun. Provides that a law enforcement officer or an off duty law enforcement officer may carry or possess a handgun on the grounds or premises of certain buildings, facilities, structures, or venues without restriction. Creates certain exceptions. Provides that any: (1) administrative rule; (2) contractual term; (3) ordinance; (4) policy; (5) regulation; (6) rule; or (7) statute; that prevents or prohibits a person possessing a valid handgun permit or a law enforcement officer or off duty law enforcement officer from carrying or possessing a handgun on the grounds or premises of certain buildings, facilities, structures, or venues is void. Creates certain exceptions.
Sponsor: Jack Sandlin
Vehicle Bill. None
Sponsor: Rodric Bray
Everybody Counts Center for Independent Living. Appropriates each state fiscal year during the biennium $158,113 to the Everybody Counts Center for Independent Living in Lake County and $158,113 to the Everybody Counts Center for Independent Living in Porter County.
Sponsor: Eddie Melton
High school random drug testing. Provides that the governing body, or the equivalent, of each: (1) school corporation; (2) charter high school; or (3) accredited nonpublic high school; shall develop and implement a policy requiring random drug testing for high school students who participate in an athletic activity.
Sponsor: Jean Leising
Prescribing of controlled substance. Requires that a controlled substance prescription be issued electronically after June 30, 2020, and establishes a Class B infraction for a prescriber who fails to comply. Requires a prescriber to obtain three hours of continuing education every two years on the prescribing of opioid medication in order to continue issuing prescriptions for opioid medication, and establishes a Class B infraction for failure to comply. Requires the medical licensing board of Indiana to study and determine, before November 1, 2019, whether a waiver is necessary for the electronic prescription requirement and to report back to the general assembly. Sets forth requirements for the report.
Sponsor: James Merritt
Ban on sale or use of coal tar pavement products. Prohibits the: (1) sale or offer for sale; and (2) application to pavement; of a coal tar pavement product except as required for purposes of research on the effects of the coal tar pavement product on the environment.
Sponsor: David Niezgodski
Peer to peer car rentals. Specifies that a car facilitation company is a company facilitating the noncommercial use of a privately owned passenger motor vehicle by a person other than the vehicle's registered owner. Provides that a car facilitation company is treated the same as a car rental company under the trade regulation statutes and for purposes of the state gross retail and use tax, the state auto rental excise tax, and the Marion County and Vanderburgh County car rental excise taxes. Specifies requirements related to a car facilitation transaction and vehicle safety recalls. Makes conforming amendments.
Sponsor: Erin Houchin
Employers and expungement. Specifies that the prohibition against questioning a person applying for: (1) employment; (2) a license; or (3) another right or privilege; concerning an expunged arrest or conviction also applies during an interview. Provides that a person who unlawfully questions an applicant about an expunged criminal record commits a Class C infraction, and increases the penalty to a Class B infraction for a subsequent violation. Limits the number of violations that may be charged to: (1) one violation against a person without a prior adjudication; and (2) not more than one violation per month against a person with one or more prior adjudications; regardless of the number of individual violations the person may have committed.
Sponsor: Greg Taylor
Grants from state disaster relief fund. Provides that the maximum amount that an individual may receive from the state disaster relief fund (fund) as compensation for damages to the individual's property is $10,000. (Current administrative rules provide that the maximum amount is $5,000.) Voids provisions in the Indiana Administrative Code that set forth a maximum compensation amount of $5,000. Directs the department of homeland security (department) to amend, before July 1, 2020, the administrative rule concerning the fund to reflect a maximum compensation amount of $10,000 for individuals. Makes an annual appropriation from the state general fund to the fund for the department's use in carrying out the purposes of the fund.
Sponsor: David Niezgodski
This proposed amendment has not been previously agreed to by a general assembly.
Sponsor: Timothy Lanane
Eligibility for resident tuition rate. Provides that an individual who meets certain conditions is eligible for the resident tuition rate as determined by the state educational institution. Requires the commission for higher education to prescribe the form of the affidavit an individual must file to be eligible for the resident tuition rate. Provides that an agency or political subdivision is not required to verify that an individual is a United States citizen or qualified alien for the individual to be eligible to pay the resident tuition rate. Repeals a provision that provides that an individual who is not lawfully in
Sponsor: David Niezgodski
Local licensing boards in Lake and Porter counties. Provides that a member of a board or other entity in Lake County or Porter County that issues a license, registration, or certificate required for a contractor to do business in the geographic area served by the board or entity must be at least 18 years of age, and except for an ex-officio member, a resident of the geographic area served by the board or entity. Provides that a member who ceases to be a resident of the geographic area served by the board or entity is considered to have resigned as a member of the board or entity, and the vacancy is filled as specified by ordinance.
Sponsor: Rick Niemeyer
Economic development incentive accountability. Renames the annual "economic incentives and compliance report" in current law to the "job creation incentives and compliance report" (report). Adds various job and employee definitions to the Indiana economic development corporation (IEDC) laws. Requires an incentive recipient to submit an annual compliance report on the number of jobs created or retained, employee pay, and various other information concerning the use of the incentives, and requires the IEDC to compile this information and include it in the IEDC's annual report. Provides that information submitted in an annual compliance report and other information maintained by the IEDC must be made available in accordance with the open records law. Repeals and relocates several definitions without change to maintain alphabetical order.
Sponsor: Lonnie Randolph
Battery on a licensed athletic official. Increases the penalty for battery if it is committed against an individual licensed as a referee, an umpire, or an athletic official. Makes conforming technical corrections.
Sponsor: Lonnie Randolph
Physician order for scope of treatment. Requires that a health provider assess an individual's mental health before the individual may execute a physician order for scope of treatment (POST) form. Removes artificially administered nutrition from inclusion in the POST form. Requires that there is space at the top of the POST form to indicate whether an individual has designated a health care representative.
Sponsor: Elizabeth Brown
Charity gaming operations. Allows an operator of or a worker at a charity gaming event (other than a full-time employee of the qualified organization conducting the event) to receive remuneration of not more than $50 for conducting or assisting in conducting the event. Provides that meals, recognition dinners, and social events for operators and workers are permitted if they do not constitute an unreasonable expenditure in the conduct of an allowable event. Relocates the prohibition on paying volunteer ticket agents to the statute imposing other rules on the use of a volunteer ticket agent.
Sponsor: Lonnie Randolph
Income tax credit for K-12 education contributions. Provides a 50% state tax credit to taxpayers that contribute to a public elementary school or public secondary school located in Indiana or a foundation organized and operated solely for the benefit of an Indiana public school. Sets forth standards that apply to taking the credit and to schools and foundations that receive contributions. Limits the total credits that may be claimed during a state fiscal year using a three year phase in period.
Sponsor: John Ruckelshaus
This proposed amendment has not been previously agreed to by a general assembly.
Sponsor: Timothy Lanane
Access to expunged records. Provides that law enforcement officers lacking a court order may access expunged information or records only when acting in an: (1) enforcement; or (2) investigative; capacity.
Sponsor: Greg Taylor
Rental of curricular materials. Clarifies provisions concerning the rental of curricular materials to students by a governing body of a school corporation. Amends provisions concerning the purchase and rental of curricular materials to include charter school organizers and charter schools. Provides the following: (1) For curricular materials that are computer hardware that will be consumed, accessed, or used by a single student during a semester or school year, a governing body or an organizer of a charter school may rent curricular materials at an annual rental rate of not more than 50% of the price that the governing body or organizer of a charter school paid for the curricular materials. (2) For curricular materials other than computer hardware that will be consumed, accessed, or used by a single student during a semester or school year, the annual rental rate may not be more than 25% of the price the governing body or organizer of a charter school paid for the curricular materials. (3) For all curricular materials, the governing body or organizer of a charter school may not assess a rental fee for curricular materials that have been paid for through rental fees previously collected. (Current law provides that: (1) the annual rental rate for curricular materials may not exceed 25% of the retail price of the curricular materials; and (2) a governing body may not assess a rental fee of more than 25% of the retail price of curricular materials that have been paid for through rental fees previously collected.) Provides that a governing body and an organizer of a charter school may not require a student enrolled in the school corporation or charter school to purchase curricular materials. Removes a reference to "state" adopted curricular materials. Repeals a provision that requires a governing body of a school corporation to rent curricular materials. Makes corrections.
Sponsor: Mike Bohacek
Defenses relating to controlled substance offenses. Provides a defense to prosecution of certain offenses relating to controlled substances if: (1) before a law enforcement officer performs a search of the person or the person's property, the person informs the law enforcement officer that the person is in possession of a hypodermic syringe or needle; and (2) there is no more than a residual amount of a controlled substance located in the hypodermic syringe or needle.
Sponsor: James Merritt
Preparation and sale of homemade food. Provides that the preparation, sale, and delivery of a livestock product, poultry product, or dairy product are not subject to inspection, oversight, certification, registration, licensing, permitting, packaging, or labeling requirements or regulations of the state or any political subdivision of the state if: (1) the sale and delivery of the product are directly between the producer of the product and an informed end consumer; (2) the preparation, sale, and delivery of the product are in accordance with a formal contract that meets certain requirements; (3) the product is prepared and sold exclusively for home consumption; and (4) the preparation, sale, and delivery of the product occur exclusively in Indiana and do not constitute interstate commerce.
Sponsor: Greg Walker
Direct wine seller's permit. Eliminates the requirement that a person applying for or holding a direct wine seller's permit (excluding an Indiana farm winery) may not distribute wine in Indiana through a wholesaler: (1) within 120 days before the permit application; and (2) during the permit term.
Sponsor: Philip Boots
Vehicle Bill. None
Sponsor: Rodric Bray
Health facility employee criminal background check. Requires a health facility to obtain a national criminal history background check or an expanded criminal history check for the health facility's employees. Provides immunity to persons: (1) for denying or terminating employment because of another person's criminal history; or (2) for reporting to or participating in the proceedings of the state department of health or the registry of nurse aides.
Sponsor: Lonnie Randolph
Call center worker and consumer protection. Requires the Indiana economic development corporation (IEDC) to compile a list of all employers that relocate a call center to a foreign country and to disqualify employers on that list from state grants, loans, and tax credits. Requires an employer receiving a state grant, loan, or tax credit to notify the IEDC if it intends to relocate a call center. Imposes a civil penalty on an employer that does not notify the IEDC.
Sponsor: David Niezgodski
Division of outdoor recreation. Establishes responsibilities for the director of the division of outdoor recreation concerning the following: (1) Coordination of outdoor recreation policy. (2) Promotion of economic development. (3) Recommending to the governor and general assembly policies and initiatives to enhance recreational amenities and experiences in the state. (4) Preparation of an annual report on the economic, social, and community impact of the outdoor recreation industry across the state. (5) Developing strategies to increase the number of new jobs related to outdoor recreation and to address workforce issues.
Sponsor: Blake Doriot
Custody, parenting time, and visitation proceedings. Requires a court in a custody, parenting time, or visitation proceeding to: (1) determine the wishes of the child who is the subject of the proceeding by conducting an in chambers interview with the child; and (2) consider the wishes of the child in making the court's determination. Provides that a court shall appoint an available guardian ad litem or court appointed special advocate, or both, to represent the interests of a child in a custody or parenting time proceeding.
Sponsor: Dennis Kruse
Proof of identification. Provides that a document issued by a state university or by an approved postsecondary educational institution serves as proof of identification for purposes of voting if the document otherwise satisfies the requirements for a proof of identification. Provides that such a document is not required to have an expiration date or may have an indefinite expiration date if it otherwise satisfies the requirements for a proof of identification.
Sponsor: David Niezgodski
County vehicle excise and wheel tax exemption. Provides that the fiscal body of a city or town may adopt an ordinance declaring that a vehicle registered in the city or town is exempt from the county vehicle excise tax and the county wheel tax (nonparticipating municipality). Provides that a nonparticipating municipality does not receive a distribution of county vehicle excise tax revenue or county wheel tax revenue.
Sponsor: Rick Niemeyer
This proposed amendment has not been previously agreed to by a general assembly.
Sponsor: Rodric Bray
Media production expenditure income tax credit. Reestablishes the media production expenditure tax credit (which expired in 2012), with certain changes. Provides a refundable tax credit to taxpayers that make qualified production expenditures in Indiana. Provides that the tax credit may be granted only if qualified production expenditures are at least $50,000. Provides that in the case of a taxpayer that claims the tax credit for qualified production expenditures of less than $6,000,000, the amount of the credit equals a percentage of the taxpayer's qualified production expenditures. Specifies that the percentage is: (1) 40%, in the case of qualified production expenditures paid to an individual or entity located in an economically distressed municipality or county; or (2) 35%, in the case of other qualified production expenditures. Provides that in the case of a taxpayer that claims the tax credit for qualified production expenditures of at least $6,000,000: (1) the amount of the credit equals the taxpayer's qualified production expenditures multiplied by a percentage (not more than 15%) determined by the Indiana economic development corporation (IEDC); and (2) the taxpayer must, before incurring or making the qualified production expenditures, apply to the IEDC for approval of the tax credit. Provides that the maximum amount of media production expenditure tax credits that may be allowed during a state fiscal year for all taxpayers is $2,500,000. Specifies that these tax credits may not be awarded for a taxable year ending after December 31, 2022.
Sponsor: Lonnie Randolph
School calendar. Prohibits public schools and accredited nonpublic schools from beginning student instructional days for the school year before the last Monday in August, beginning with the 2020-2021 school year.
Sponsor: Jean Leising
Sheriff reimbursement rate. Provides that the per diem rate paid from the county jail maintenance contingency fund or any other fund after June 30, 2019, and before July 1, 2021, may not be less than $55 per day for persons convicted of felonies, including: (1) persons convicted of a Level 6 felony; and (2) convicted felons who are incarcerated for more than five days after the day of sentencing or the date upon which the department of correction receives the abstract of judgment and sentencing order, whichever occurs later.
Sponsor: James Tomes
Jury service. Permits a nursing mother who is denied permission to defer jury service to request the trial judge to reconsider her request for deferral.
Sponsor: Lonnie Randolph
Indemnification from legal malpractice claims. Provides that any provision in an agreement between an attorney and a client that purports to prospectively release the attorney from liability for malpractice is against public policy, void, and unenforceable.
Sponsor: Elizabeth Brown
Study of loot boxes in video games. Requires the Indiana gaming commission to report recommendations to the legislative council concerning loot boxes.
Sponsor: Ronald Grooms
Diversity training for state employees. Requires the legislative council, the director of the state personnel department, and the chief administrative officer of the office of judicial administration to develop diversity training programs for their respective branches of state government. Requires each member of the general assembly, each state officer, each judicial officer, and each employee of the legislative, executive, and judicial branches of state government to complete three hours of diversity training. Specifies the deadlines for developing and completing the training. Specifies the information that must be provided in the training. Authorizes the use of an online training system.
Sponsor: Eddie Melton
Disclosure of public health information. Provides that if a person is or was prohibited from working in a food establishment because the person has or had a communicable or infectious disease while working in a food establishment, a local health department or the health and hospital corporation (corporation) shall, upon request, disclose certain information. Specifies that a local health department or a corporation may not disclose the name or any identifying information of the person who has or had a communicable or infectious disease.
Sponsor: Eric Koch
Small business council. Establishes the small business council (council) to provide oversight and guidance to the Indiana economic development corporation (IEDC) with regard to small business development. Designates the membership of the council. Specifies the duties of the council. Requires the IEDC to report to the council and the council to meet at least twice each year to hear the IEDC's reports. Requires the council to submit an annual report to the legislative council. Specifies that the IEDC may not refuse to provide assistance or information to an individual or entity with regard to small business development because of the individual's or entity's income or other compensation, credit history, credit score, employment history, or criminal history.
Sponsor: Lonnie Randolph
Unauthorized adoption advertising. Provides that the unauthorized adoption advertising statute does not apply to a prospective adoptive parent who places an advertisement on their own behalf.
Sponsor: Aaron Freeman
Absentee voting. Permits a voter who is qualified to vote in person to vote by absentee ballot. Removes all other qualifications for a voter to vote by absentee ballot except for a voter with disabilities who is unable to make a voting mark on the ballot or sign the absentee ballot secrecy envelope. (Such a disabled voter is currently required to vote before an absentee voter board.)
Sponsor: Frank Mrvan
Employment benefits. Repeals the prohibition of local units from establishing, mandating, or requiring certain employee benefits. Allows for local units to maintain a higher minimum wage rate than the state's minimum wage. After December 31, 2019, increases the minimum wage paid to certain employees from $7.25 per hour to $9 per hour, then annually increases the minimum wage in $0.50 increments to $12 per hour through January 1, 2026.
Sponsor: Eddie Melton
Foster parent intervention in CHINS proceeding. Requires the court conducting a periodic case review of a child in need of services to grant a petition to intervene in the proceeding filed by a foster parent, long term foster parent, or former foster parent of the child if: (1) the foster parent, long term foster parent, or former foster parent has filed a petition to adopt the child; or (2) a petition has been filed to terminate the parent-child relationship of the child and the child's parents.
Sponsor: Lonnie Randolph
Vehicle Bill. None
Sponsor: Rodric Bray
Vehicle Bill. None
Sponsor: Rodric Bray
Vehicle Bill. None
Sponsor: Rodric Bray
Foster parent reporting form. Prescribes a standardized form to be used for submission of a written statement by a foster parent in a periodic case review for a child in need of services.
Sponsor: Jon Ford
Teacher evaluations. Provides that a school corporation may use objective measures of student achievement as part of a teacher evaluation plan. (Current law provides that the use of an objective measure of student achievement is required as part of a teacher evaluation plan.)
Sponsor: Jon Ford
This proposed amendment has not been previously agreed to by a general assembly.
Sponsor: Timothy Lanane
Seizure preparedness. Provides that, not later than July 1, 2019, each school corporation, charter school, or nonpublic school with at least one employee shall designate at least one employee at each school operated by the school corporation, charter school, or nonpublic school to administer or assist with the self-administration of a seizure rescue medication or medication that is prescribed to treat seizure disorder symptoms to students who have a seizure action plan (plan). Provides that a parent of a student diagnosed with a seizure disorder by the student's physician may collaborate with school personnel to establish a plan for the student. Provides that, as part of the plan, the student's parent may authorize the school's designated employee to administer a seizure rescue medication or medication prescribed by the student's physician to treat seizure disorder symptoms. Provides that each public school shall annually provide an age appropriate seizure education program to all students of the school relating to seizures and seizure disorders. Provides that, in addition to professional development or collegial planning activities required of a teacher under state law, each teacher employed by a school corporation, charter school, or nonpublic school with at least one employee shall, at a minimum, annually complete one hour of self-study review of seizure disorder materials prescribed by the department.
Sponsor: Blake Doriot
Cruelty to a law enforcement animal. Increases the penalties for cruelty to a law enforcement animal.
Sponsor: Philip Boots
Prevention of sexual violence, domestic violence, and stalking. Requires each approved postsecondary educational institution to do the following: (1) Establish a comprehensive policy concerning sexual violence, domestic violence, and stalking (comprehensive policy). (2) Develop a concise notice, written in plain language, regarding the rights and options of students who are victims of sexual violence, domestic violence, or stalking, and provide the notice to students from whom the approved postsecondary educational institution receives a report of a violation of the comprehensive policy. (3) Designate one or more individuals to serve as confidential advisors to provide emergency and ongoing support to students who are victims of sexual violence, domestic violence, or stalking. (4) Establish a complaint resolution procedure to resolve reports of student violations of an approved postsecondary educational institution's comprehensive policy. (5) Provide training and information concerning sexual violence, domestic violence, and stalking to students and certain employees of the approved postsecondary educational institution. (6) Establish an approved postsecondary educational institution campus wide task force or participate in a regional task force to work toward improving coordination among community leaders and service providers in the prevention of sexual violence, domestic violence, and stalking, and ensure a coordinated response of law enforcement and victim services. (7) Submit a report to the commission for higher education (commission) concerning an approved postsecondary educational institution's comprehensive policy, notice of student rights and options, and information regarding reports of sexual violence, domestic violence, and stalking at the approved postsecondary educational institution. Requires the commission to maintain on the commission's Internet web site a list of all the approved postsecondary educational institutions that fail to comply with the reporting requirements.
Sponsor: Frank Mrvan
Wage discrimination. Provides that it is an unlawful employment practice to: (1) pay wages that discriminate based on sex for substantially similar work; (2) discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages; (3) require as a condition of employment nondisclosure by an employee of the employee's wages; or (4) require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the employee's wage information. Provides that the civil rights commission has jurisdiction for the investigation and resolution of complaints of these employment actions.
Sponsor: Frank Mrvan
Vehicle Bill. None
Sponsor: Rodric Bray
Tax exemption for military retirement benefits. Exempts all military retirement benefits from state and local income taxation.
Sponsor: Karlee Macer
Resisting law enforcement. Provides that the offense of resisting law enforcement is a Level 5 felony if the person has two or more prior unrelated convictions for resisting law enforcement. Makes conforming amendments.
Sponsor: Vaneta Becker
Waiver training reimbursement pilot program. Establishes the physician waiver training reimbursement pilot program to reimburse qualified physicians who undergo certain training, for the purpose of increasing the number of physicians in Indiana allowed under the federal Drug Addiction Treatment Act of 2000 to prescribe certain controlled substances to treat opioid dependency in settings other than an opioid treatment program. Establishes requirements for participation in the pilot program.
Sponsor: James Merritt
Coverage of innocent coinsured. Prohibits certain actions by a property or casualty insurer with respect to an innocent coinsured, including denying payment on a claim and refusing to issue or renew a policy.
Sponsor: Lonnie Randolph
Organized retail theft. Makes theft a Level 6 felony if a person: (1) knowingly or intentionally exerts unauthorized control over property and the person uses the Internet to sell, deliver, or distribute the property; or (2) knowingly or intentionally exerts unauthorized control over retail property having a value of less than $750 and certain other conditions apply. Makes theft a Level 5 felony if: (1) the value of the retail property is at least $750 and less than $2,500 and certain other conditions apply; (2) the retail property is a firearm; (3) the retail property is exchanged for cash, a gift card, a merchandise card, or other item of value; or (4) the person has a prior unrelated conviction for theft or criminal conversion. Makes theft a Level 4 felony if the value of the retail property is at least $2,500 and certain other conditions apply. Provides that, in determining the value of the property, acts of theft committed in a single episode of criminal conduct may be charged in a single count. Provides that theft of retail property that occurs in more than one county over a six month period may be tried in any county where the theft occurred.
Sponsor: John Ruckelshaus
Vehicle Bill. None
Sponsor: Rodric Bray
Secured school fund. Expands the use of a matching grant from the Indiana secured school fund by a school corporation or charter school (school) to allow the school to use the matching grant to provide a response to a threat in a manner that the school sees fit, including the use of firearms training or other self-defense training.
Sponsor: James Tomes
Vehicle Bill. None
Sponsor: Rodric Bray
Vehicle Bill. None
Sponsor: Rodric Bray
Suspension of a sentence for a felony. Provides that a court may suspend only that part of a sentence that is in excess of the minimum sentence for a person convicted of a Level 2 or Level 3 felony who has a prior unrelated felony conviction, other than a conviction for a felony involving marijuana, hashish, hash oil, or salvia divinorum. (Current law provides that a court may suspend any part of a sentence for certain Level 2 and Level 3 felony convictions, including drug related convictions.)
Sponsor: Aaron Freeman
Vehicle Bill. None
Sponsor: Rodric Bray
Admissibility of coverage limits. Prohibits admission of uninsured and underinsured motorist insurance coverage limits in a breach of contract action concerning uninsured or underinsured motorist benefits.
Sponsor: Gerald Torr
Polling locations in schools. For a general, municipal, primary, school district, or special election conducted after December 31, 2019, prohibits an elementary or secondary school from being designated as a polling place, satellite office, or vote center.
Sponsor: Rick Niemeyer
Minimum wage. Increases, after June 30, 2020, the minimum wage paid to certain employees in Indiana from $7.25 an hour to $15 an hour. Provides that, after June 30, 2021, and each subsequent June 30, the hourly minimum wage increases at the same percentage as any increase in the Consumer Price Index for the preceding calendar year. Makes technical corrections and corresponding changes. Removes outdated language.
Sponsor: Frank Mrvan
Hyperbaric oxygen therapy pilot programs. Eliminates the requirement that a veteran pay a 10% co-pay for treatment received under the hyperbaric oxygen treatment pilot program. Eliminates the requirement that treatment plans for a veteran specify the sources of funding for treating the veteran. Postpones the expiration of the pilot program from June 30, 2020, to June 30, 2021. Establishes a pilot program to treat opioid addiction with hyperbaric oxygen therapy. Appropriates $500,000 to the Indiana department of veterans' affairs for making grants and administering the hyperbaric oxygen treatment pilot program for veterans. Appropriates $500,000 to the state department of health to administer the pilot program for treating opioid addiction with hyperbaric oxygen therapy.
Sponsor: Shane Lindauer
Tax sale redemptions. Provides that if real property sold at a tax sale is redeemed, the interest rate on the following components of the redemption amount is increased from 5% per annum to the statutory rate per annum for judgments on money (8% per annum under current law): (1) The amount by which the sales price exceeds the minimum bid. (2) The amount of the taxes and special assessments paid by the purchaser.
Sponsor: Karen Engleman
Vehicle Bill. None
Sponsor: Rodric Bray
Vehicle Bill. None
Sponsor: Rodric Bray
Cigarette tax evasion. Makes it a Level 6 felony for a person to knowingly or intentionally fail to carry invoices or delivery tickets containing certain information while transporting cigarettes that do not bear an Indiana tax stamp over Indiana highways.
Sponsor: Michael Crider
County redevelopment commission appointments. Provides that for appointments made to a five member county redevelopment commission after December 31, 2019: (1) the county executive appoints two (instead of three) members; and (2) the county fiscal body appoints three (instead of two) members. Provides that for appointments made to a seven member county redevelopment commission after December 31, 2019: (1) the county executive appoints three (instead of four) members; and (2) the county fiscal body appoints four (instead of three) members.
Sponsor: Philip Boots
Minimum age to purchase assault weapons. Defines the term "regulated weapon". Prohibits the: (1) sale; (2) trade; or (3) transfer; of a regulated weapon to a person less than 21 years of age. Provides that a dealer or person who knowingly or intentionally: (1) sells; (2) trades; or (3) transfers; a regulated weapon to a person less than 21 years of age commits a Level 6 felony. Provides certain defenses.
Sponsor: Frank Mrvan
Immunity under the lifeline law. Extends immunity under the lifeline law to the individual on whose behalf emergency medical assistance was requested. Repeals an obsolete provision.
Sponsor: James Merritt
Income tax deduction for military income. Provides that income received for military service (other than qualified military income) or received as a retirement or a survivor's benefit paid because of an individual's military service is wholly deductible if the amount of the income is less than the specified maximum amount. Increases the maximum amount of the deduction for income received for military service (other than qualified military income) or received as a retirement or a survivor's benefit paid because of an individual's military service. Provides that the increase is phased in over a five year period so that for taxable years beginning after December 31, 2023, the maximum amount of the deduction is equal to 12 times the monthly basic pay received as of July 1, 2018, by a member of the armed forces of the United States who: (1) served at the pay grade of E-7 on July 1, 2018; and (2) had nine years of service as of July 1, 2018. (Current law allows a deduction against the first $5,000 received for military service and a deduction of $6,250 for income received from retirement or survivor benefits.)
Sponsor: Shane Lindauer
Annual inspections of CAFOs. Requires the department of environmental management, at least once per year, to conduct an onsite inspection of every concentrated animal feeding operation, which, under federal regulations, is an animal feeding operation: (1) at which more than 1,000 head of beef cattle, 700 dairy cows, 2,500 swine weighing more than 55 pounds, 125,000 broiler chickens, or 82,000 laying hens or pullets are confined on a site for more than 45 days during the year; or (2) that discharges manure or wastewater into a waterway.
Sponsor: Rick Niemeyer
Age of consent. Adds the criminal offense of indiscretion, which is committed when a person who is at least 22 years of age engages in sexual intercourse or other sexual conduct, fondling, or touching with a child who is at least 16 years of age but less than 18 years of age. Adds indiscretion to the list of: (1) sex offenses; and (2) offenses that would determine if a child is a child in need of services. Makes conforming amendments.
Sponsor: Frank Mrvan
Alcoholic beverage purchases on credit. Allows the holder of a retailer's permit to "run a tab" for a customer purchasing alcohol for personal use. Prohibits the holder of a dealer's permit from "running a tab" for a customer purchasing alcohol for use off of the dealer's premises.
Sponsor: Micheal Aylesworth
Public safety personnel health studies. Establishes the public safety research fund. Provides that $500,000 is appropriated from the state general fund and disbursed to the public safety research fund on July 1 of each year. Requires money appropriated to the public safety research fund to be used for research studies designed to understand and improve the physical health, safety, and psychological well-being of public safety personnel. Requires the department of homeland security to enter into a contract with the National Institute for Public Safety Health (NIPSH) for the NIPSH to conduct the research studies. Requires the NIPSH to provide a report of ongoing or performed research studies to the executive director of the department of homeland security before December 31 of each year. Provides that money not used for research studies reverts to the state general fund at the end of each state fiscal year.
Sponsor: Randall Frye
Property insurance coverage for a total loss. Requires an insurer that issues a policy of insurance that covers first party loss to a primary or secondary dwelling on a replacement cost basis to compensate the named insured for a total loss to the dwelling at the policy limit that applies to the dwelling.
Sponsor: Matthew Lehman
Use of consumer reports for employment purposes. Prohibits an employer from using a consumer report for employment purposes unless certain conditions apply. Allows a consumer to bring a civil action against an employer for a violation of this provision. Provides that if the attorney general has reason to believe that an employer has violated the provision, the attorney general may bring one or both of the following: (1) An action to enjoin the violation. (2) An action to recover damages sustained by Indiana residents as a result of the violation. Makes it: (1) a Class B infraction for a knowing or intentional violation of the provision; or (2) a Class A infraction if an employer has a prior unrelated judgment for a violation of the provision.
Sponsor: Lonnie Randolph
Seizure preparedness. Provides that, not later than July 1, 2019, each school corporation, charter school, or nonpublic school with at least one employee shall designate at least one employee at each school operated by the school corporation, charter school, or nonpublic school to administer or assist with the self-administration of a seizure rescue medication or medication that is prescribed to treat seizure disorder symptoms to students who have a seizure action plan (plan). Provides that a parent of a student diagnosed with a seizure disorder by the student's physician may collaborate with school personnel to establish a plan for the student. Provides that, as part of the plan, the student's parent may authorize the school's designated employee to administer a seizure rescue medication or medication prescribed by the student's physician to treat seizure disorder symptoms. Provides that each public school shall annually provide an age appropriate seizure education program to all students of the school relating to seizures and seizure disorders. Provides that, in addition to professional development or collegial planning activities required of a teacher under state law, each teacher employed by a school corporation, charter school, or nonpublic school with at least one employee shall, at a minimum, annually complete one hour of self-study review of seizure disorder materials prescribed by the department.
Sponsor: David Frizzell
Needle exchange program participation. Requires a qualified entity to establish and maintain a syringe exchange program registry. Provides a defense to prosecution of certain offenses related to controlled substances if: (1) a person is currently registered under a syringe exchange program; (2) the person obtained the hypodermic syringe or needle under a syringe exchange program; and (3) there is no more than a residual amount of a controlled substance located in the hypodermic syringe or needle.
Sponsor: Mike Bohacek
Service animals. Provides that a person who knowingly or intentionally: (1) misrepresents to another person or a business entity that operates a public place that the person is an individual with a disability or has a disability related need that requires the use of a service animal; or (2) fits an animal that is not a service animal with a harness, collar, tag, vest, or sign that would cause a reasonable person to believe the animal is a service animal; commits the offense of misrepresentation of an animal as a service animal.
Sponsor: Jean Leising
Commission to combat drug abuse. Adds one member of the clergy of a religious organization appointed by the governor to the membership of the Indiana commission to combat drug abuse. Makes a conforming change.
Sponsor: James Tomes
Vehicle Bill. None
Sponsor: Rodric Bray
Off-road helmet requirements. Requires an individual who is properly fastened into and restrained by a child restraint system while riding in an off-road vehicle to wear a helmet that: (1) meets certain specifications; or (2) consists of soft shell headgear.
Sponsor: Ronald Bacon
Civil rights enforcement. Expands the definition of "employer", for purposes of civil rights enforcement, to include any person employing one or more persons within the state. (Current law defines "employer" to include any person employing six or more persons within the state.) Expands the remedies available to a complainant if the civil rights commission (commission) finds that a person engaged in an unlawful discriminatory practice. Requires the commission to issue a right to sue letter if requested by the complainant, in lieu of an investigation and hearing. Permits a civil rights action to be tried by a jury. Removes the requirement that both parties must consent before a civil rights claim is heard as a civil cause of action.
Sponsor: Karlee Macer
Vehicle Bill. None
Sponsor: Rodric Bray
Immunity under the lifeline law. Specifies that a law enforcement officer may not arrest a person for an offense involving possession of paraphernalia, a syringe, or a controlled substance if the officer's contact with the person was due to the reporting of a medical emergency and certain other conditions are met.
Sponsor: James Merritt
Vehicle Bill. None
Sponsor: Rodric Bray
Tuition of children of public safety officers. Defines "child" for purposes of exemption from tuition and fees for four undergraduate academic years at a state educational institution or state supported technical school for the child of a public safety officer who was killed in the line of duty.
Sponsor: Aaron Freeman
This proposed amendment has not been previously agreed to by a general assembly.
Sponsor: Rodric Bray
Product liability actions. Specifies causes of action that may constitute a product liability action. Repeals provisions pertaining to product liability actions that are based on: (1) property damage resulting from asbestos; and (2) personal injury, disability, disease, or death resulting from exposure to asbestos.
Sponsor: Gerald Torr
Controlled substances in a penal or juvenile facility. Increases the penalty for committing a controlled substance offense on the property of a penal facility or a juvenile facility.
Sponsor: Michael Crider
Film and media production rebate. Authorizes the Indiana economic development corporation (IEDC) to approve and issue a film and media production expenditure rebate (rebate) to a qualified applicant that proposes to make a qualified production expenditure of at least $500,000 in Indiana. Requires the IEDC to enter into an agreement with a qualified applicant for the rebate, and specifies the terms that must be in the agreement. Establishes the criteria for approving a rebate and the procedures for claiming a rebate. Provides that the IEDC may not issue a rebate to a qualified applicant after December 31, 2025.
Sponsor: David Frizzell
Virtual charter schools. Provides that a charter for a virtual charter school granted or renewed before July 1, 2019, by an authorizer other than the Indiana charter school board (charter board) terminates at the end of the term of the charter and may not be renewed by the authorizer. Provides that, for charters granted or renewed after June 30, 2019, a virtual charter school may apply for authorization only with the charter board in accordance with the charter board's guidelines. (Current law provides that a virtual charter school may apply for authorization with any statewide authorizer in accordance with the authorizer's guidelines.) Requires the charter board and a virtual charter school to jointly determine certain goals regarding the virtual charter school and include those goals in the charter. Provides that, beginning in the 2019-2020 school year, a virtual charter school may not have more than a total of 1,200 students enrolled in the virtual charter school each school year. Provides that, before August 1, 2019, and before August 1 each year thereafter, a virtual charter school must report to the state board of education (state board) the virtual charter school's average projected per student cost for the current school year. Requires a virtual charter school to provide any information that is requested by the state board concerning the virtual charter school's projected average per student cost. Provides that, if the state board determines that the projected average per student cost for a virtual charter school is less than 90% of the virtual charter school's foundation amount, the state board may decrease the amount a virtual charter school is entitled to receive for each student included in the virtual charter school's current average daily membership (ADM) to equal not less than the virtual charter school's projected average per student cost for the current school year.
Sponsor: Eddie Melton
Prohibited equipment on firearms. Defines the term "multiburst trigger activator". Creates the crime of "unlawful possession of a multiburst trigger activator". Provides that the possession or sale of a multiburst trigger activator is a Class A misdemeanor. Provides that the crime of unlawful possession of a multiburst trigger activator is a Level 6 felony if the person has a prior, unrelated conviction for the offense.
Sponsor: Greg Taylor
Operating a vehicle. Requires a person to operate a vehicle: (1) in a careful and prudent manner; (2) using due regard for the given weather conditions, road conditions, and traffic conditions; and (3) in such a way as to maintain proper control of the vehicle. Provides that a person who operates a vehicle in a reckless and careless manner commits a Class C infraction.
Sponsor: Eric Koch
Indiana's electoral vote. Provides that allocation of Indiana's electoral votes to the candidate for President of the United States to the winner of the Indiana popular vote does not apply if the "Agreement Among the States to Elect the President by National Popular Vote" (agreement) becomes effective. Provides for allocation of Indiana's electoral votes to the national popular vote winner if the agreement becomes effective. Enacts and enters into the agreement.
Sponsor: Karen Tallian
Possession of marijuana. Provides that a person who knowingly or intentionally possesses more than two ounces of marijuana commits the offense of possession of marijuana. (Current law provides that the offense of possession of marijuana can be for any amount of marijuana.) Repeals the offense of possession of marijuana, hash oil, hashish, or salvia as a Level 6 felony. Makes conforming amendments.
Sponsor: Karen Tallian
Tax deduction for health care sharing expenses. Provides that an individual who is an Indiana resident and a member of a health care sharing ministry is entitled to an adjusted gross income tax deduction for a taxable year equal to the total amount of qualified health care sharing expenses paid by the taxpayer during the taxable year.
Sponsor: John Crane
Firearm storage requirements. Prohibits a person from keeping or storing a firearm on any premises controlled by the person if one or more of the following conditions apply: (1) The person knows, or reasonably should know, that a child is likely to gain access to the firearm. (2) A permanent resident or temporary occupant of the premises is disqualified, ineligible, or prohibited from possessing a firearm under federal or state law. (3) A permanent resident or temporary occupant of the premises poses a risk of imminent personal injury to the permanent resident or temporary occupant or any other individual. Provides that a failure to secure a firearm that results in injury to, or the death of, another person is a Level 6 felony. Enhances the offense to a Level 5 felony if the person has a prior, unrelated conviction for the offense. Specifies certain defenses. Defines certain terms. Makes conforming amendments.
Sponsor: John Bartlett
Absentee voting. Permits a voter who is qualified to vote in person to vote by absentee ballot. Removes all other qualifications for a voter to vote by absentee ballot except for a voter with disabilities who is unable to make a voting mark on the ballot or sign the absentee ballot secrecy envelope. (Such a disabled voter is currently required to vote before an absentee voter board.)
Sponsor: Jon Ford
Vehicle Bill. None
Sponsor: Rodric Bray
Vehicle Bill. None
Sponsor: Rodric Bray
Complete count commission. Establishes the complete count commission to develop, recommend, and assist in the administration of a census outreach strategy to encourage full participation in the 2020 federal decennial census.
Sponsor: Cherrish Pryor
Cannabis compliance commission. Establishes the cannabis compliance commission to regulate all forms of legal cannabis in Indiana, including industrial hemp and low THC hemp extract.
Sponsor: Karen Tallian
Vehicle Bill. None
Sponsor: Rodric Bray
Vehicle Bill. None
Sponsor: Rodric Bray
Vehicle Bill. None
Sponsor: Rodric Bray
Regulation of mining. Provides that rules adopted by the natural resources commission shall require that all blasting operations involving surface coal mining operations must be monitored with the use of at least three seismic monitors. Provides that a surface coal mining operation may not be located within 1,000 feet of any of the following: (1) An occupied dwelling, unless waived by the owner. (2) A public building. (3) A school. (4) A church. (5) A community or an institutional building. (6) A public park. Specifies that the 1,000 foot requirement shall be measured as follows: (1) From the nearest exterior wall of an occupied dwelling to the surface coal mining operation. (2) From the nearest property boundary to the surface coal mining operation for a public building, school, church, community or institutional building, or public park. Makes a conforming change.
Sponsor: Ronald Bacon
Fire academy funding. Provides that money in the fire and building services fund may be used to defray the expenses and capital outlay associated with the creation, development, and maintenance of: (1) a central campus for the fire and public safety training academy (academy); and (2) educational programs and training opportunities offered to public safety officers by the academy, including increasing these programs and opportunities.
Sponsor: Randall Frye
Medical malpractice actions. Permits a patient to bring an action against a health care provider without submitting the complaint to the medical review board if the amount of the claim is not more than $187,000. (Under current law, a patient may bring a direct action only if the amount is not more than $15,000.)
Sponsor: Lonnie Randolph
Distribution of registration fees. Establishes the law enforcement training academy account (account) consisting of money deposited from various registration or license plate fees (various fees) imposed by the bureau of motor vehicles. Requires that the money in the account be expended for: (1) capital projects related to the building and grounds for a law enforcement academy; (2) technology equipment and services; (3) curriculum development; and (4) training equipment and supplies necessary to operate a law enforcement academy. Requires money from the account to be appropriated to: (1) the law enforcement training board for the law enforcement academy; (2) the northwest Indiana law enforcement academy; and (3) the southwest Indiana law enforcement academy. Provides for amounts from various fees to be distributed to the account and the state police building account. Provides for $0.10 of the various fees to be deposited into the account after December 31, 2019. Provides that the current amount of $0.25 of the various fees deposited into the state police building account will be increased by $0.10 after December 31, 2019, by an additional $0.05 after December 31, 2029, and by an additional $0.05 after December 31, 2039. Makes an appropriation.
Sponsor: Wendy McNamara
Local income taxes. Expires the existing local income tax law on December 31, 2021, and adds a new local income tax law effective in 2022 and thereafter. Does the following under the new local income tax law: (1) Authorizes counties, municipalities, and school corporations to each enact a property tax relief rate of not more than 0.5% in the case of counties and municipalities and not more than 0.25% in the case of school corporations. Provides that in Marion County, municipalities may not enact a property tax relief rate, but the Marion County city-county council may adopt a 1% property tax relief rate. (2) Authorizes counties, municipalities (other than municipalities in Marion County), and school corporations to each enact an expenditure rate. (3) Provides that an expenditure rate may not exceed: (A) 1.25% in the case of counties other than Marion County or 2% in the case of Marion County; (B) 1% in the case of municipalities (other than municipalities in Marion County); and (C) 0.25% in the case of school corporations. (4) Provides that, if an expenditure rate is imposed by a municipality, the municipality shall receive the revenue from the tax, and specifies that the revenue may be used for any legal purpose of the municipality (including providing additional property tax credits). (5) Specifies that a school corporation may not adopt an expenditure rate unless: (A) the expenditure rate is approved by the voters of the school corporation in a local public question; or (B) the revenue from the expenditure rate is used to provide additional property tax credits. Provides that, if a school corporation's expenditure rate is approved by the voters, the revenue may be used for any legal purpose of the school corporation (including providing additional property tax credits). Provides that the maximum period for an expenditure rate approved by the voters of a school corporation is eight years, but that the expenditure rate may be reimposed by the school corporation if approved by the voters. (6) Provides that, if an expenditure rate is imposed by a county other than Marion County, the revenue shall be distributed as certified shares to civil taxing units in the county (other than municipalities and school corporations) on the basis of property tax levies. Specifies that, in counties other than Marion County, the revenue from the county's expenditure rate may be allocated to a public safety answering point or used to provide additional property tax credits before the remaining revenue is distributed as certified shares. (7) Provides that, the 2% maximum expenditure rate in Marion County consists of: (A) an expenditure rate of not more than 1%, to be distributed as certified shares to the county and to excluded cities in the county on the basis of property tax levies; and (B) an expenditure rate of not more than 1%, to be distributed as certified shares to the county and to townships in the county on the basis of property tax levies. (8) Specifies that in Marion County: (A) the revenue from the county's expenditure rate may be allocated to a public communications systems and computer facilities district, a public library, or a public transportation corporation, or for additional property tax credits before the remaining revenue is distributed as certified shares; and (B) revenue distributed as certified shares may be used for any legal purpose of the unit receiving the certified shares. (9) Provides that, after May 31, 2019, a political subdivision may not pledge for the payment of bonds, leases, or other obligations any tax revenue received under the current local income tax law (other than a special purpose rate). (10) Maintains the existing special purpose rates. (11) Provides that, after December 31, 2021, a local income tax rate imposed for transit purposes after approval in a local public question: (A) is a separate special purpose rate; and (B) is not part of the county's expenditure rate or considered in determining whether the county is imposing its maximum expenditure rate. (12) For property taxes due and payable in 2022 and thereafter, requires the department of local government finance to adjust each maximum property tax levy for which a levy freeze amount was applied under the existing local income tax law in 2021. (13) Authorizes a political subdivision to appeal to the department of local government finance for the authority to impose an additional local income tax rate if the political subdivision's expected local income tax distributions will be insufficient to pay obligations for which a pledge of revenue was made under the prior local income tax laws. (14) Specifies that the legislative council shall provide for the preparation and introduction of legislation in the 2020 session of the general assembly to correct cross references and make other changes to the Indiana Code, as necessary, to bring other provisions of the Indiana Code into conformity with this act.
Sponsor: Jeffrey Thompson
Penalties for human trafficking offenses. Increases by one felony level the penalty for: (1) promotion of human labor trafficking; (2) promotion of human sexual trafficking; (3) promotion of child sexual trafficking; (4) promotion of sexual trafficking of a younger child; and (5) human trafficking.
Sponsor: James Merritt
Certificate of employability. Creates a certificate of employability for persons convicted of misdemeanors and certain felonies. Provides that a court shall issue a certificate of employability to persons convicted of misdemeanors and Class D or Level 6 felonies under certain circumstances, and that a court may issue a certificate of employability to persons convicted of certain more serious felonies. Establishes a procedure to petition for a certificate of employability and requires payment of the civil filing fee to petition for a certificate of employability. Provides that a petition for a certificate of employability may be filed not earlier than: (1) six months after the date of conviction, in the case of a misdemeanor; (2) one year after the date of conviction, in the case of Class D or Level 6 felonies; (3) three years after the date of conviction or one year after the date the sentence is completed, in the case of more serious felonies; and (4) six years after the date of conviction or two years after the date the sentence is completed, in the case of the most serious felonies. Prohibits the granting of a certificate of employability to sex and violent offenders and persons convicted of specified serious crimes. Provides immunity to employers in negligent hiring cases who hire persons with a certificate of employability under certain circumstances.
Sponsor: Earl Harris
Elimination of lower speed limit for trucks. Provides that the maximum speed limit for a vehicle having a declared gross weight greater than 26,000 pounds operated on a highway that is: (1) on the national system of interstate and defense highways located outside an urbanized area with a population of at least 50,000; or (2) the responsibility of the Indiana finance authority; is 70 miles per hour. (Current law provides that the maximum speed limit for those vehicles (other than a bus) is 65 miles per hour.)
Sponsor: Micheal Aylesworth
Expanded criminal history checks. Provides that an expanded criminal history check may be used instead of certain background checks and criminal history checks.
Sponsor: Jeffrey Thompson
Vehicle Bill. None
Sponsor: Rodric Bray
Public order offense enhancement. Allows the court to sentence a person to an additional fixed term of imprisonment between six months and 2 1/2 years if a person is found guilty of committing a public order offense and the person concealed the person's identity by wearing a mask or face covering while committing the offense.
Sponsor: Jack Sandlin
Vehicle Bill. None
Sponsor: Rodric Bray
Battery on a utility worker. Provides that battery is a Level 6 felony, instead of a Class B misdemeanor, if the offense is committed against a utility worker who is acting in the ordinary course of the utility worker's employment. Provides that battery is a Level 5 felony, instead of a Class B misdemeanor, if the offense results in bodily injury to a utility worker who is acting in the ordinary course of the utility worker's employment. Provides that battery committed: (1) by placing bodily fluid or waste on another person; and (2) with knowledge, or reckless failure to know, that the bodily fluid or waste is infected with hepatitis, tuberculosis, or human immunodeficiency virus; is a Level 5 felony, instead of a Level 6 felony, if the offense is committed against a utility worker.
Sponsor: Ronald Bacon
Civil and criminal immunity. Provides that a civilian who, in good faith, takes an action to prevent serious bodily injury to or to prevent a forcible felony against a law enforcement officer who is engaged in the execution of the law enforcement officer's duties is immune from civil and criminal liability, unless the civilian's acts or omissions amount to gross negligence or willful or wanton misconduct. Provides that the governmental entity that employed the law enforcement officer must indemnify the civilian against any cause of action that may arise out of the civilian's assistance to the law enforcement officer.
Sponsor: Randall Frye
Lewd touching. Provides that a person who, without the consent of the other person, rubs or fondles another person's covered or uncovered genitals, buttocks, pubic area, or female breast commits lewd touching, a Class A misdemeanor.
Sponsor: Mike Bohacek
Vehicle Bill. None
Sponsor: Rodric Bray
This proposed amendment has not been previously agreed to by a general assembly.
Sponsor: Rodric Bray
Renter's deduction for disabled veterans. Allows a disabled veteran who rents a dwelling for use as the disabled veteran's principal place of residence to claim an additional renter's deduction from the disabled veteran's adjusted gross income. Provides that the additional deduction may not exceed $3,000.
Sponsor: Micheal Aylesworth
Forfeiture. Establishes a new procedure for civil forfeiture, and treats seized property in which a person asserts an ownership interest differently from seized property that is abandoned or unclaimed. Permits seized property that is not abandoned or unclaimed to be forfeited to the state only if the person who owned or used the property has been convicted of a criminal offense. Establishes procedures by which a property owner may regain custody of seized property pending a final determination of the forfeiture action. Specifies which law enforcement costs are recoverable in a forfeiture action. Repeals a provision permitting the state to turn over seized property to the federal government. Makes conforming amendments and repeals an obsolete section.
Sponsor: Philip Boots
Vehicle Bill. None
Sponsor: Rodric Bray
Sales tax holiday. Provides a sales and use tax exemption beginning on July 15 through August 15 of each year (sales tax holiday) for the following items sold to a parent or guardian of a public school student: (1) Clothing, if the sales price of the item does not exceed $100. (2) A school supply or school instructional material, if the sales price of the item does not exceed $15. Incorporates the definitions of these items as set forth in the Streamlined Sales and Use Tax Agreement. Limits the exemption for clothing to $250 per student. Limits the exemption for school supplies and school instructional material to $100 per student. Sets forth tax consequences that apply if a person purchases clothing, a school supply, or school instructional material during the sales tax holiday to which the tax exemption is applied, but that should have been subject to tax because the person is not a parent or guardian of a public school student, or because the person exceeded the limits for the exemption: (1) The person is solely liable for the applicable sales and use tax. (2) The person shall be subject to a penalty equal to the purchase price of the item multiplied by 25% (in addition to the applicable sales and use tax). (3) The retail merchant is relieved of all obligations to collect, pay, or remit the applicable state gross retail tax on the item.
Sponsor: Charles Moseley
Individualized education program students. Requires public schools to provide curricular materials at no cost to students with an individualized education program who participate in a program for students with a severe disability. Makes conforming changes.
Sponsor: Mike Bohacek
OWI and public safety officials. Makes operating while intoxicated a Level 6 felony if the operator causes bodily injury to a public safety official or property damage to an authorized emergency vehicle.
Sponsor: James Merritt
Smoking in a motor vehicle with a small child present. Provides that a person who smokes in a motor vehicle while a child less than six years of age is a passenger commits a Class B infraction. Provides that a person who is convicted of smoking in a motor vehicle while a child less than six years of age is a passenger and has committed the same offense three prior times during a 12 month period commits a Class A infraction.
Sponsor: James Merritt
This proposed amendment has not been previously agreed to by a general assembly.
Sponsor: Rodric Bray
Crimes against public safety officials. Increases the penalty for battery if it is committed against a public safety official or a relative of a public safety official because of the official's status or perceived status as a public safety official, and increases the penalty for criminal recklessness if it is committed against: (1) a public safety official while the official is engaged in the official's official duties; or (2) a public safety official or a relative of a public safety official if the offense is committed because of the official's status or perceived status as a public safety official.
Sponsor: James Merritt
Vehicle Bill. None
Sponsor: Rodric Bray
Vehicle Bill. None
Sponsor: Rodric Bray
Vehicle Bill. None
Sponsor: Rodric Bray
Physical custody and parenting time. Adds a rebuttable presumption in child custody proceedings that: (1) joint physical custody is in the best interests of the child; and (2) equal parenting time is in the best interests of the child. Provides that the default joint physical custody or parenting time schedule is to alternate weekly physical custody of the child, unless the parents submit an alternative schedule that is approved by the court.
Sponsor: Jon Ford
Vehicle Bill. None
Sponsor: Rodric Bray
Equine teeth floating. Provides that an individual who performs only equine teeth floating services is exempt from the veterinary medicine licensing requirements after submitting to the Indiana board of veterinary medical examiners (board) two signed letters of recommendation from previous clients. Requires the board to issue a card that identifies the individual who has submitted the letters of recommendation as a person who is exempt from licensing but may engage in the practice of veterinary medicine only by performing equine teeth floating services.
Sponsor: Philip Boots
Vehicle Bill. None
Sponsor: Rodric Bray
Vehicle Bill. None
Sponsor: Rodric Bray
Sentencing. Makes Level 2 through Level 4 felonies nonsuspendible if the person has a prior unrelated felony conviction. Increases the maximum penalty for a Level 1 felony from 40 to 50 years. Makes the penalty for a Level 3 felony six to 20 years, with an advisory sentence of 12 years. (Under current law, the penalty is three to 16 years, with the advisory sentence being nine years.) Raises the minimum penalty for a Level 4 felony from two to four years, and increases the advisory sentence from six to eight years. Increases the maximum penalty for a Level 6 felony from two and one-half years to three years, and raises the advisory sentence from one year to one and one-half years. Makes conforming amendments.
Sponsor: James Merritt
Small loan finance charges. Changes the current incremental finance charge limits that apply to a small loan to a maximum annual rate. Prohibits certain acts with respect to financing of a small loan and makes a violation a deceptive act and subject to penalties.
Sponsor: Eddie Melton
Study of mental health concerns. Urges the legislative council to assign the task of studying certain mental health concerns to an appropriate study committee.
Sponsor: John Bartlett
Attorney's fees. Requires a court to award attorney's fees to the prevailing party in all civil actions.
Sponsor: Daniel Leonard
Health facility quality assessment fee. Extends the health facility quality assessment fee until June 30, 2023 (current law expires the fee June 30, 2019).
Sponsor: David Frizzell
Crimes involving synthetic drugs. Makes possessing or dealing in a substance that is a controlled substance analog an offense of the same level as possession of or dealing in the controlled substance of which the substance is an analog. Defines "substance represented to be a controlled substance" and establishes certain factors the trier of fact may consider to determine if a substance meets the definition. Repeals crimes concerning synthetic drug lookalike substances. Provides that convictions for synthetic drug offenses will, in certain cases, no longer be treated the same as marijuana offenses. Makes conforming amendments.
Sponsor: James Merritt
Vehicle Bill. None
Sponsor: Rodric Bray
A SENATE RESOLUTION honoring Kye Hoehn upon her retirement.
Sponsor: Ronald Grooms
A SENATE RESOLUTION congratulating Emma Keys upon her retirement and thanking her for 32 years of exceptional service with the Indiana Senate.
Sponsor: Timothy Lanane
A SENATE RESOLUTION honoring Maureen Weingardt upon her retirement and thanking her for her years of exceptional service to the Indiana State Senate.
Sponsor: Elizabeth Brown
A SENATE RESOLUTION authorizing the Postmaster of the Indiana Senate to receive from the Postmaster of the City of Indianapolis all mail belonging to the Senate.
Sponsor: Rodric Bray
A SENATE RESOLUTION honoring Senator Mike Delph upon his retirement from the Indiana State Senate.
Sponsor: Ryan Mishler
A SENATE RESOLUTION honoring Tracy Mann upon her retirement and thanking her for 28 years of exceptional service to the Indiana State Senate.
Sponsor: Rodric Bray
A CONCURRENT RESOLUTION to allow the House of Representatives and the Senate of the 121st General Assembly to adjourn and recess separately throughout the First Regular Session for periods in excess of three (3) consecutive days as the need, in the judgment of the Speaker of the House of Representatives and the President Pro Tempore of the Senate, respectively, may arise.
Sponsor: Brian Bosma
A SENATE RESOLUTION congratulating Covenant Christian High School on being awarded the National Athletic Trainers' Association's Safe Sports School Award.
Sponsor: Ed Charbonneau
Sponsors (12)
Passed (397)
Perinatal care. Requires the state department of health (department) to establish a perinatal navigator program. Requires a health care provider to: (1) use a validated and evidence based verbal screening tool to assess a substance use disorder in pregnancy for all pregnant women who are seen by the health care provider; and (2) if the health care provider identifies a pregnant woman who has a substance use disorder and is not currently receiving treatment, provide treatment or refer the patient to treatment. Requires the department to establish guidelines for health care providers treating substance use disorder in pregnancy. Adds the
Various gaming matters. Authorizes sports wagering at riverboats, racinos, a Vigo County casino, and satellite facilities. Provides for the administration and conduct of sports wagering. Imposes initial and annual fees on a licensed owner, operating agent, vendor, or permit holder conducting sports wagering. Imposes initial and annual licensing fees on vendors conducting sports wagering. Specifies that a vendor contracting with a certificate holder has the same authority to conduct sports wagering as the certificate holder. Provides that the Indiana gaming commission (IGC) may issue a temporary certificate of authority or a temporary license to conduct business under certain circumstances. Requires the IGC to deposit vendor license application fees in the sports wagering fund. Requires the IGC to deposit sports wagering service provider license application fees in the sports wagering fund. Sets forth duties for the IGC concerning: (1) sports wagering; and (2) granting certain gambling licenses. Requires the IGC to adopt administrative rules. Specifies that the IGC may act upon information received from a sports governing body in considering requests to prohibit wagering on particular events or to prohibit making wagers of a particular type. Establishes a sports wagering service provider license. Provides that certain items must be acquired from a person that holds a supplier's license or a sports wagering service provider license. Provides that certain services must be obtained from a person holding a sports wagering service provider license. Specifies that required background checks apply to employees engaged in activities related to sports wagering. Specifies permissible sports wagering wagers. Prohibits wagering on e-sports. Provides the process for withholding delinquent child support from sports wagering winnings. Imposes a sports wagering tax of 9.5% on adjusted gross receipts received from sports wagering. Requires 3.33% of the tax revenue received to be deposited in the addiction services fund. Provides that the Gary riverboat may transfer to an inland location if the licensed owner: (1) submits a request to relocate; and (2) pays a $20,000,000 fee. Caps the maximum number of gambling games that may be offered at a Gary casino. Requires the licensed owner of the relocated Gary casino to pay an additional fee of $20,000,000 if: (1) gaming operations are relocated; and (2) the licensed owner sells or transfers the owner's interest in the owner's license within five years of relocation. Requires the licensed owner of the relocated Gary casino to: (1) offer each employee at the riverboat a similar position at the inland casino; and (2) consider hiring and training individuals laid off from the riverboat in East Chicago before considering other applicants. Provides that if a request to relocate the Gary riverboat is submitted, the IGC shall accept applications and proposals to award an owner's license to operate an inland casino in Vigo County. Requires a license fee for the owner's license to operate in Vigo County in the amount of $5,000,000. Requires the fee for the Vigo County casino license to be deposited in the state general fund. Requires a licensed owner conducting gaming operations in Vigo County to make certain payments to the City of Evansville. Provides that a person may not have an ownership interest in more than six of any combination of: (1) riverboat licenses; and (2) gambling game licenses. Reduces the graduated wagering tax on gambling games at racinos and the wagering tax on gambling games at riverboats. Provides that beginning with state fiscal years after June 30, 2021, a licensed owner or racino may not deduct more than $9,000,000 from adjusted gross receipts from wagering on gambling games. Distributes wagering tax revenue from a riverboat located in a historic hotel district to the West Baden Springs historic hotel preservation and maintenance fund beginning in 2021. Provides that wagering taxes for the Gary relocated casino continue to be imposed as if two riverboats were in operation for four years. Provides that East Chicago, Hammond, and Michigan City may receive supplemental payments from wagering tax distributions that would otherwise be paid to Gary if certain conditions are met. Provides that the IGC shall approve wagering on table games at a racino beginning January 1, 2020. Makes technical corrections and other changes to conform with recent changes to the riverboat law.
Underground storage of carbon dioxide. Declares the underground storage of carbon dioxide to be a public use and service, in the public interest, and a benefit to the welfare and people of Indiana. Authorizes the establishment of a carbon sequestration pilot project (pilot project) that will capture carbon dioxide at a proposed ammonia production facility in West Terre Haute and inject the carbon dioxide into underground strata and formations pursuant to a Class VI well permit from the United States Environmental Protection Agency (EPA) as an alternative to releasing the carbon dioxide into the air. Provides that if the operator of the pilot project is not able to reach an agreement with an owner of property to acquire: (1) ownership of underground strata or formations located under the surface of the property; or (2) ownership or other rights to one or more areas of the surface of the property for purposes of establishing and operating monitoring facilities required by the EPA; the operator of the pilot project may exercise the power of eminent domain to make the acquisition. Provides that the pilot project operator's acquisitions by eminent domain must be made through the law on eminent domain for gas storage, which provides that a condemnor, before condemning any underground stratum or formation, must have acquired the right to store gas in at least 60% of the stratum or formation by a means other than condemnation. Amends the law on eminent domain for gas storage to make it applicable to the pilot project operator's acquisitions by eminent domain. Provides that the state of Indiana, upon the recommendation of the director of the department of natural resources and review by the state budget committee, may obtain ownership of: (1) the carbon dioxide stored in the underground strata and formations; and (2) the underground strata and formations in which the carbon dioxide is stored; 12 years after pilot project underground injections begin or, if the underground injections cease in less than 12 years, after the underground injections cease. Urges the legislative council to assign to an appropriate interim study committee for the 2019 interim the task of studying the geologic storage of carbon dioxide.
Various education matters. Amends requirements to be eligible for a career specialist permit. Establishes requirements to be eligible for a workplace specialist license. (The current requirements to be eligible for a workplace specialist license are in rules adopted by the state board of education.) Requires the department of education to enter into the National Association of State Directors of Teacher Education and Certification (NASDTEC) Interstate Agreement. Requires the commission for higher education to establish a dual credit advisory council (council) to review and update, as needed, the requirements under HEA 1370-2016 (P.L.175-2016) concerning ensuring that a teacher who currently teaches a high school dual credit course on behalf of or under an agreement with a state educational institution can, by July 1, 2022, meet accreditation requirements established by the state educational institution's regional accrediting agency or an association recognized by the United States Department of Education. Requires, not later than November 1, 2019, the council to submit a report to the legislative council concerning the council's findings and recommendations. Removes, for purposes of obtaining an initial practitioner teaching license, the requirement that an individual must pass a written examination in basic reading, writing, and mathematics (CASA examination). Provides that the state board of education may create a method or model to align currently used performance evaluation plan factors with certain indicators.
Various election law matters. Makes the following changes in election law: (1) Removes provisions relating to candidates for President of the United States filing ballot placement requests with the secretary of state. (2) Provides that the election division annual training conference for county election officials must include information on cybersecurity and physical security practices for the statewide voter registration system, voting systems, and polling places. Requires the attendance of bipartisan board of registration members and permits clerks and board members to designate a number of chief deputies to attend. (3) Specifies that absentee reports generated by the statewide voter registration data base are required to be in a specified format, and may be generated in other formats. (4) Requires a notice to be sent to an applicant whose voter registration application is denied because the acknowledgment card was returned as undeliverable. (5) Authorizes the Indiana election commission to determine the validity of a candidate's nomination for certain offices. (6) Provides that a voter may not change the political party primary ballot that the voter has requested. (7) Establishes a procedure for casting a voter's ballot if the voter does not complete the procedures for casting the voter's ballot on an electronic voting machine or if a voter abandons a paper ballot. (8) Provides that an electronic poll book may not be used at an election if the poll book is delivered to the county election board less than 60 days before the election unless the voting system technical oversight program (VSTOP) has previously authorized in writing to the contrary. (9) Provides that a precinct may not be established if any precinct would have less than 600 active voters except in certain circumstances. (10) Provides that a county election board or a board of elections and registration does not have the power to extend the hours that the polls are open on election day. (11) Establishes standards for issuance of an order by an Indiana court or administrative agency to extend the hour for closing of the polls. Requires that specific findings be made by a court before issuing an order to extend polling place hours and makes other amendments concerning appeals in such cases. (12) Removes the shortened period during which absentee ballots by mail may be sent when a county election board shortens the period during which in-person absentee ballots may be voted. (13) Modifies the procedure for checking sample ballots for compliance with official ballots to make the procedure practical for counties using vote centers. (14) Provides that the state voting system inventory maintained by the VSTOP and any county election board resolution adopting alternative voting system security plans are confidential. (15) Provides that, in Marion County, ballots cast at a vote center are not required to be sorted by precinct unless a recount is requested. (16) Provides that, in Marion County, absentee ballot envelopes may be opened by machine instead of by absentee ballot counters. (17) Provides that, in Marion County, an individual who is: (a) a citizen of the United States; (b) registered to vote in Indiana; and (c) at least 18 years of age; may be appointed to serve as an absentee ballot counter or a courier, if the county election board adopts a resolution by a unanimous vote of its entire membership authorizing the appointment of such individuals. (18) Prohibits a county election board from scanning a voted absentee ballot card using an optical scan ballot scanner before election day, and instead requires that the voted absentee ballot card be placed in a secure envelope until election day. (19) Clarifies that the county fiscal body sets the per diem and mileage rates for all types of absentee board members. (20) Requires a county election board to take certain actions regarding a provisional ballot that is cast by an individual who is registered to vote in an Indiana county other than the county in which the provisional ballot was cast. (21) Requires all counties to count absentee ballots at a central location. (22) Establishes a deadline to file a small town primary ordinance with the county. (23) Provides that certain notice requirements do not apply to an early candidate vacancy filled by a county chairman or by a committee consisting of the county committee's chairman, vice chairman, secretary, and treasurer. (24) Sets forth procedures when notice of a resignation was received but timely notice was not provided. (25) Provides that any voter of a school corporation may challenge a candidate for election to the governing body of the school corporation if there is no candidate who is entitled to contest the election of the candidate. (26) Makes various technical changes in election law relating to: (a) ballots; (b) election administration; (c) voter registration; (d) candidates; (e) public questions; (f) polling places; (g) initialing ballots; (h) payment of expenses of the state recount commission; and (i) certification of public questions relating to certain school corporation tax levies. (27) Updates and corrects dates and other references in election law. (28) Repeals several obsolete provisions relating to: (a) preservation of certain documents; (b) election administration; and (c) establishment of a single county executive. Makes technical and conforming changes.
Kankakee River basin and Yellow River basin development. Abolishes the Kankakee River basin commission and repeals its statute. Establishes the Kankakee River basin and Yellow River basin development commission (commission) as a public body corporate and politic. Authorizes the commission to participate in the flood control program operated by the Indiana finance authority. Requires certain state agencies to assist each other in simplifying the permitting process with respect to the flood control activities of the commission. Provides that there is imposed in each calendar year beginning after December 31, 2020, an annual special assessment against each taxable parcel of real property that is located within any part of the basin within an Indiana county. Requires the default special assessments to be paid to be paid to the commission. Specifies the amount of the default special assessment by parcel category and the commission's permissible uses of the special assessments. Provides that a county fiscal body may adopt a resolution opting to implement one of the following methods of supporting the commission instead of collecting the default special assessments: (1) Paying direct support to the commission in lieu of the default special assessments. (2) Supplementing reduced special assessments with direct support payments. (3) Imposing special assessments that exceed the amount that could be raised through the default special assessments. Provides that direct support must equal at least 90% of the amount that could be raised through the default special assessments. Specifies the amounts that a county may retain in calendar years beginning after December 31, 2022, from special assessments imposed instead of the default special assessments. Establishes an advisory committee to the commission. Requires the commission to coordinate its flood control activities with other public agencies to ensure that undeveloped public land is used for providing flood storage to the greatest extent feasible before other lands are used. Authorizes an Indiana business preference if certain conditions are met. Establishes an Indiana employment goal with respect to contracts for public works awarded by the commission.
Alcoholic matters and tobacco certificates. Amends for consistency provisions allowing a manufacturer that has two types of production facilities in one building to serve alcohol from a single bar. Specifies that a person with an interest in an artisan distiller's permit may have an interest in other manufacturer's permits. Allows a patron to carry wine into an art instruction studio. Requires the alcohol and tobacco commission (ATC) to post on its Internet web site quarterly reports of permittee noncompliance. Disqualifies persons having certain criminal convictions from receiving certain alcoholic beverage permits or being appointed to the ATC or local ATC board. Provides that expunged criminal convictions may not be considered in determining an individual's eligibility to: (1) receive certain alcoholic beverage permits; or (2) be appointed to the ATC or to a local ATC board. Allows a hotel, restaurant, caterer, and private club to allow a customer to run a tab for alcohol purchases. Allows a brewery or farm winery to sell their product to a supplemental caterer for an outdoor event held at the brewery or farm winery. Amends the definition of "entertainment complex" to apply to: (1) all municipalities and facilities that have permanent seating for at least 800 individuals; and (2) certain facilities with seating for 200 individuals located within a mile of the center of Indianapolis. Removes provisions restricting the permits issued for civic centers, auditoriums, marinas, stadiums, exhibition halls, convention centers, community centers, or social centers to political subdivisions of a certain population. Makes the following changes regarding permit ownership transfers: (1) Requires ATC review of an itemized purchase agreement. (2) Requires the ATC to maintain a public data base of information regarding private sales. Provides that a retailer's permit with carryout privileges that is exempt from gross retail requirements remains exempt if the permit is transferred to a new location. Provides that the money collected for various fees is distributed to the ATC's enforcement and administration fund. Provides the following regarding deposit of a permit in escrow: (1) A permit may be placed in escrow for an initial two year term. (2) Subject to the ATC's approval, the permit holder may receive up to three 12 month extensions of the initial two year escrow period. Makes conforming amendments concerning permits currently escrowed. Repeals provisions regarding the following: (1) Malt manufacturer's permit. (2) Malt wholesaler's permit. (3) Malt dealer's permit. (4) Malt excise tax. (5) Seasonal resort hotel permit. Allows the ATC to issue retailer's permits for: (1) a three-way retailer's permit (a master food hall permit) for a food hall containing multiple food and beverage vendors for an initial fee of $50,000; and (2) a one-, two-, or three-way permit (food hall vendor's permit) for a person that has vendor food and beverage space within a food hall for an initial fee of $2,500 or $5,000. Provides that for a vending space that is more than 2,000 square feet, a one-way, two-way, or three-way permit must be purchased subject to availability under the quota. Allows the holder of a food hall vendor's permit to have an interest in a farm winery, artisan distiller, or brewer's permit. Provides requirements for an outdoor beer garden. Regulates the sale of alcohol on jumbo boats. Provides that an application for renewal of a permit may be filed not later than six months (instead of one year) after the permit expires. Provides that an alcoholic beverage retailer's permit may be issued for proposed premises located at least 85 feet from a church if the church is separated from the retailer by a road having a width of 30 feet. Allows a supplemental caterer operating at certain collegiate stadiums to purchase alcoholic beverages and have the alcoholic beverages stored in areas approved by the ATC to be later served at the stadium. Adds a county that owns a marina to the units that may receive an alcoholic beverage permit for the marina. Provides that a holder of a permit for the state fair grounds that is a small brewery, farm winery, or artisan distillery, may, at the discretion of the state fair commission, sell alcoholic beverages produced by the permit holder for carryout at a trade show or exposition but not during the state fair. Specifies that if a small brewery, farm winery, or artisan distillery: (1) has two production facilities in one building and serves both types of products from a single bar; and (2) the law applicable to one of the permits regarding the presence of minors in the bar area is more prohibitive or restrictive than the law applicable to the other permit, the more prohibitive or restrictive law applies. Allows a brewery to can and carbonate liquor for a distillery in the same county. Permits a farm winery or the holder of a vintner's permit to manufacture wine and place it in boxes or bulk containers. Allows liquor to be sold from a golf cart at a golf course under the club permit. Allows additional permits for a specified manufacturing complex that is part of a redevelopment project. Allows outdoor bars at civic centers and certain retailers with a gross business of at least $1 million in food. Allows the ATC to revoke or suspend tobacco certificates. Permits an alcohol manufacturer, wholesaler, or retailer to provide free or discounted rides to a consumer for the purpose of furthering public safety. Specifies that the provision of a free or discounted ride may not be conditioned on the purchase of an alcoholic beverage.
Short term insurance plans. Specifies certain coverage and disclosures that must be provided with respect to a short term insurance plan, including renewal, without underwriting, for the greater of 36 months or the maximum period permitted under federal law, a term of not more than 364 days, and an annual limit of at least $2,000,000. Specifies requirements for preferred provider organizations used with short term insurance plans. Makes conforming amendments.
Towing services. Amends the statute concerning the release of an abandoned motor vehicle that has been towed to a storage yard or towing facility as follows: (1) Provides that a towing service or storage yard may charge an inspection fee for inspections or retrievals from a vehicle. (2) Requires a towing service or storage yard to: (A) provide an itemized receipt upon payment; and (B) meet certain requirements as to: (i) hours of operation; and (ii) receiving and returning telephone calls. Provides that not later than three business days after towing a vehicle a towing company or storage facility must comply with certain statutes relating to abandoned vehicles for giving notice. Requires a towing company to charge reasonable fees. Requires a towing company to provide the owner or operator of a motor vehicle that is about to be towed a written and itemized estimate of all charges and services to be performed by the towing company. Requires a towing company to document and itemize certain fees related to a tow and certain towing services. Specifies certain record keeping requirements for itemized estimates issued by a towing company. Creates a new article in the Indiana Code to establish certain requirements for towing companies that engage in, or offer to engage in, the business of providing towing service in Indiana, including provisions concerning the following: (1) Emergency towing. (2) Private property towing. (3) Releasing towed motor vehicles. (4) Prohibited acts by towing companies and storage facilities. Provides that a person who violates these new provisions commits a deceptive act that is: (1) actionable under; and (2) subject to the penalties and remedies set forth in; the statute governing deceptive consumer sales. Provides that the attorney general: (1) shall receive, and may investigate, complaints alleging violations of the new provisions; and (2) after finding that a violation has occurred, may take appropriate action under the statute governing deceptive consumer sales. Authorizes the attorney general to adopt rules to implement the new provisions.
Uniform Consumer Credit Code. Makes the following changes to the Uniform Consumer Credit Code (UCCC): (1) Amends the provisions authorizing specified additional charges for consumer loans to permit a lender to contract for and receive a transaction fee for a revolving loan account that may not exceed the greater of: (A) 2% of the amount of the transaction; or (B) $10. (Current law authorizes the lender to charge a transaction fee in the lesser of these two amounts.) (2) Replaces the authorized $5 delinquency charge (subject to indexing by the department of financial institutions) for consumer credit sales and consumer loans with a nonindexed delinquency charge of: (A) $5, if installments are due every 14 days or less; (B) $25, if installments are due every 15 days or more; or (C) $25, in the case of a single installment due at least 30 days after the sale or loan is made. (3) Specifies that a creditor may not charge or collect a delinquency charge on a payment that: (A) is paid within 10 days after its scheduled due date; and (B) is otherwise a full payment of the payment due for the applicable installment period; if the only delinquency with respect to a consumer credit sale or a consumer loan is attributable to a delinquency charge for an earlier installment. Specifies that an initial pleading related to a debt collection action filed by a debt buyer must include certain information. Makes a violation a deceptive act. Urges the legislative council to assign to an interim study committee, for study during the 2019 interim, the topic of revisions to the UCCC. Sets forth issues for consideration by an interim study committee assigned this topic.
Referendum for school safety levy. Allows a school corporation to adopt a resolution to place a referendum on the ballot to impose a school safety referendum tax levy to improve school safety. Allows a school corporation to impose a school safety referendum tax levy if approved by a majority of the voters. Requires a school corporation to certify a copy of: (1) the resolution to place a referendum for a school safety referendum tax levy on the ballot; and (2) the language for the question; to the department of local government finance (department) for review and approval. Provides that voters may not approve a school safety referendum tax levy that is imposed for more than 8 years. Provides that a school safety referendum tax levy may be reimposed or extended. Requires a county auditor to distribute proceeds attributable to property taxes imposed after being approved by the voters in a referendum to the school corporation. Specifies when a referendum is to be held. Requires the circuit court clerk of each county to certify the results of the referendum for a school safety referendum tax levy to the department. Provides that if a school safety referendum tax levy is approved by the voters in a school corporation in a calendar year, another school safety referendum levy question may not be placed on the ballot in the school corporation in the following calendar year. Provides that if a school corporation imposes a school safety referendum tax levy approved in a referendum, the school corporation may not simultaneously impose more than one additional school safety referendum tax levy approved in a subsequent referendum. Provides that during the period beginning with the adoption of a resolution by a school corporation to place a school safety referendum tax levy question on the ballot and continuing through the day on which the referendum is submitted to the voters, the school corporation may not promote a position on the referendum by taking certain actions. Provides that a school board member, school corporation superintendent, school corporation assistant superintendent, or chief school business official of a school corporation may discuss and personally advocate a position on a referendum for a school safety referendum tax levy outside a regular school day as long as public funds are not used. Requires the governing body of a school corporation for which a school safety referendum tax levy is approved to establish a school safety referendum tax levy fund (fund). Specifies purposes for which money from the fund may be used. Requires the governing body of a school corporation for which a school safety referendum tax levy is approved to establish a school safety referendum debt service fund. Specifies purposes for which money from the school safety referendum debt service fund may be used. Provides that if a school safety referendum tax levy has been approved by the voters in a school corporation at any time in the previous three years, the school corporation may not adopt a resolution to place a school referendum tax levy on the ballot. Requires a school corporation to include in a controlled project any capital improvements necessary to complete components of the most recent threat assessment of the buildings within the school corporation or school safety plan that have not been completed or that require additional funding to be completed. Expands the use of a matching grant from the Indiana secured school fund by a school corporation or charter school (school) to allow the school to use the matching grant to provide a response to a threat in a manner that the school sees fit, including the use of firearms training or other self-defense training. Requires that a school resource officer participate in the development of programs designed to identify, assess, and provide assistance to troubled youth.
Education matters. Provides that if: (1) a school employee files a complaint that alleges that an exclusive representative or school employer has engaged in certain unfair practices; and (2) the Indiana education employment relations board determines that the exclusive representative or school employer engaged in the unfair practice; the board may assess a civil penalty of at least $500 but not more than $5,000 for each violation. Provides that, before a school employer and school employees may privately negotiate during the time period for formal collective bargaining, the parties must hold at least one public hearing and take public testimony. Requires the school employer to conduct a public meeting to discuss a tentative collective bargaining agreement at least 72 hours before it is ratified. Provides that notice of a public meeting and a tentative collective bargaining agreement must be posted on the school employer's Internet web site at least 72 hours before the public meeting. Provides that a school employer must allow for public comment at the meeting at which a tentative collective bargaining agreement is ratified.
Innkeeper's taxes and other local taxes. Renames the convention center operating fund established under the Vanderburgh County innkeeper's statute to the convention center operating, capital improvement, and financial incentive fund (fund). Provides that expenditures from the fund for a convention center in Vanderburgh County may be used only for operating expenses, capital improvements, and financial incentives to attract new businesses. Changes the date on which Vanderburgh County innkeeper's tax revenue deposited in the fund decreases from the amount equal to the revenue generated by a 2% innkeeper's tax rate to the amount equal to the revenue generated by a 1% innkeeper's tax rate. Allows the Clark County and Floyd County councils to adopt substantially similar ordinances to increase the innkeeper's tax rate in both counties from 4% to 6%. (These taxes were imposed by state law in 1976.) Allows the Allen County council to adopt an ordinance to increase the innkeeper's tax rate in the county from 7% to 8%. (The tax was imposed by state law before 1980.) Provides that if an ordinance to increase the innkeeper's tax rate to 8% is in effect in Allen County, the minimum part of the innkeeper's tax proceeds used to provide development and promotion grants within the county increases from 2/7 to 3/8. Allows the fiscal body of White County to levy the county innkeeper's tax on resorts and any other buildings or structures in the county in which lodging is regularly furnished for consideration. Repeals the innkeeper's tax law specific to Howard County. (Howard County elected to impose an innkeeper's tax under the uniform innkeeper's tax law beginning in 2014.) Provides that the maximum innkeeper's tax rate for Howard County under the uniform innkeeper's tax law is 8% on the gross income derived from lodging income. (Current law authorizes a maximum tax rate of 5% under the uniform innkeeper's tax law.) Authorizes Knox County to establish an innkeeper's tax at a rate not to exceed 6%. Provides that, if Knox County adopts a rate that exceeds 5%, the amount of the additional tax revenue from the increased rate shall be paid to the Grouseland Foundation, Inc., to be used only for the restoration, maintenance, and operations of the Indiana territorial mansion and presidential site of William Henry Harrison located in Vincennes. Authorizes Brown County to impose a $1 admissions tax upon admissions to the indoor performing arts center. Specifies how the revenue may be used. Permits the county to enter into an operating lease with the convention and visitors commission and a contract with a nonprofit organization to operate the indoor performing arts center. Authorizes the city of Attica to impose a food and beverage tax. Authorizes the town of Danville to impose a food and beverage tax. Authorizes the city of Greenwood to impose a food and beverage tax. Authorizes the town of Whitestown to impose a food and beverage tax.
Rights of police officers. Adds provisions establishing minimum due process and personnel rights of a full-time, paid, nonprobationary member of a police department (member) who is the subject of: (1) an internal investigation; or (2) an investigation of a complaint. Adds provisions regarding a member's (1) political activity; and (2) disclosure of property and assets.
Alcohol matters. For purposes of the law regarding farm wineries, specifies that: (1) "bottle" means a standard wine container that meets the design, fill, and headspace requirements under federal law; and (2) "bulk", with regard to bulk wine purchases and sales, means a container of more than 60 liters. Allows a farm winery permit holder or an artisan distiller's permit holder to: (1) be the proprietor of a restaurant; (2) transfer wine or liquor from the farm winery or artisan distillery to the restaurant; (3) have a window between the farm winery or artisan distillery and the restaurant; and (4) have a doorway or other opening between the farm winery or artisan distillery and the restaurant. Provides that the restaurant of a microbrewery, farm winery, or artisan distillery is not required to sell the minimum amount of food required to provide separation between the bar area and the family room by means of a structure or barrier (instead of providing separation by a nontransparent wall). Provides that a minor may be on the premises of a farm winery under certain circumstances. Allows the holder of a retailer's (restaurant) permit to have an interest in an artisan distiller's permit and a farm winery permit. Allows distillers and rectifiers to have an interest in a beer permit. Repeals the crime prohibiting artisan distillers, distillers, and rectifiers from owning stock of a corporation that holds a retailer's permit.
Insurance matters. Requires a pharmacy benefit manager doing business in Indiana to, at least every seven days, update and make available to pharmacies maximum allowable cost list information. Repeals the law providing for availability of high risk property coverage under the federal Urban Property Protection and Reinsurance Act of 1968. Exempts flood insurance policies from the kinds of policies under which mine subsidence coverage must be made available. Repeals the law concerning the small employer voluntary reinsurance program. Urges the legislative council to assign to an interim study committee the topic of regulation and practice of pharmacy benefit managers for study and recommendations during the 2019 interim of the general assembly. Makes conforming amendments.
Expungements. Defines "collateral action" as an action that is factually or legally related to an arrest, a criminal charge, a delinquency allegation, a criminal conviction, or a delinquency adjudication. Specifies that certain information relating to: (1) an arrest; and (2) a collateral action is required to be sealed or marked expunged if a petition for expungement is granted. Specifies that an amendment affecting the information required to be expunged, marked as expunged, or otherwise sealed or restricted does not apply to an expungement order granted before the effective date of the amendment. Sets forth a procedure for a person to file a petition for a supplemental order of expungement. Provides that a person convicted of a felony that resulted in death to another person may not seek expungement of that felony. Strikes and relocates a provision relating to certain nonpublic records maintained by a law enforcement agency, and specifies that this provision also applies to records maintained by a public defender agency. Establishes a method for a person to expunge a protection order if the petition for a protection order is dismissed or denied. Requires an IDACS coordinator to remove the name of a respondent from the Indiana protective order registry when the IDACS coordinator receives notice from the county clerk that the protective order against the respondent has been dismissed.
Business personal property tax exemption. Provides that not later than 30 days prior to the filing date, the appropriate assessor shall provide notification to each person whose personal property is subject to assessment. Increases, from $20,000 to $40,000, the acquisition cost threshold for the business personal property tax exemption. Specifies that a taxpayer who is eligible for a personal property tax exemption must include on the taxpayer's personal property tax return: (1) information concerning whether the taxpayer's business personal property within the county is in one location or multiple locations; and (2) an address for the location of the property. Provides that the appropriate county officer designated by the county executive (rather than the assessor, under current law) is responsible for: (1) maintaining data files of the geographic information system characteristics of each parcel in the county as of each assessment date; and (2) submitting those files to the geographic information office of the office of technology. Repeals provisions in current law that allow a county council to impose a local service fee on each person that has exempt business personal property because the business personal property does not exceed the acquisition threshold. Removes outdated provisions.
Extraterritorial powers of municipalities. Repeals the general authority of a city or town (municipality) to regulate conduct or property use endangering public health, safety, and welfare within four miles outside of its municipal boundaries and provides that the repeal: (1) does not void such an ordinance or resolution adopted before January 1, 2019, or prevent the validity of such an ordinance or resolution from being challenged in a legal proceeding; and (2) voids such an ordinance or resolution adopted after December 31, 2018. Repeals the general authority of a municipality to: (1) impose restrictions upon persons or animals in order to prevent injury or disease; and (2) capture and destroy animals; within four miles outside its boundaries. Voids any such ordinances or resolutions adopted by a municipality before July 1, 2019. Provides that a municipality may only exercise eminent domain within the municipality unless a statute expressly provides otherwise. Eliminates the express authority of a municipal park board to acquire property outside its boundaries by eminent domain. Provides that a municipal airport board may exercise eminent domain: (1) within four miles outside its municipal boundaries; and (2) more than four miles outside its municipal boundaries in order to acquire land contiguous to an airport that existed on January 1, 2019. Repeals the general authority of a municipality to do the following with regard to watercourses located within 10 miles outside the municipal boundaries: (1) Change the channel of, dam, dredge, remove an obstruction in, straighten, and widen a watercourse. (2) Regulate the taking of water, or causing or permitting water to escape, from a watercourse. (3) Regulate conduct that might alter the temperature of water, or affect the flow of water, in a watercourse. (4) Regulate the introduction of any substance into a watercourse or onto its banks. (5) Purify the water in a watercourse. Provides that the repeal of the powers in (1) through (5) regarding watercourses: (1) voids any municipal ordinances or resolutions adopted before July 1, 2019, that exercise those powers; (2) does not affect a municipality's ability to take water from a watercourse within the 10 mile area outside its boundaries; and (3) does not affect a municipality's authority under these sections with regard to a municipal park existing on June 30, 2019, that is located within 10 miles outside the municipal boundaries. Allows a municipality to continue to exercise eminent domain to acquire property outside its boundaries, if it has reached a specified point in the eminent domain proceedings on January 1, 2019. Provides that for comprehensive plans that were initially adopted before July 1, 2019, if the municipal plan commission provided in its comprehensive plan for the development of a contiguous unincorporated area, the municipal plan commission may continue to exercise territorial jurisdiction over that area unless the jurisdiction of the municipal plan commission is terminated as provided by law. Provides that for comprehensive plans that are initially adopted after June 30, 2019: (1) If the municipality is located in a county that has not adopted a comprehensive plan covering the contiguous unincorporated area and the municipality is providing municipal services to the contiguous unincorporated area, the municipal plan commission may exercise territorial jurisdiction over that area by filing certain notices. (2) If the municipality is located in a county that has adopted a comprehensive plan and ordinance covering the contiguous unincorporated area, the municipal plan commission may exercise territorial jurisdiction over that area only if it obtains the approval of the county legislative body of each affected county. Provides that the power to aid, maintain, and operate public parks, playgrounds, and recreation facilities and programs may be exercised by a municipality with regard to a municipal park located within 10 miles outside the boundaries of the municipality that exists on June 30, 2019.
Various education matters. Provides that a school corporation or charter school may not charge a fee for the first five hours required to search for a record that is in an electronic format. Provides, with an exception, that a school corporation or charter school may charge a search fee for any time spent searching for a record that is in an electronic format that exceeds five hours. Makes changes to the definition of "elementary school". Provides that each school corporation may encourage the development of a community service ethic among high school students in grades 9 through 12. (Current law provides that each school corporation may encourage the development of a community service ethic among high school students in grade 11 or 12.) Provides that the admission of a charter school or state accredited nonpublic school student to a technical education center will not result in the denial of a placement for a student enrolled in the school corporation. Beginning with the 2022-2023 cohort, expands the EARN Indiana program to include secondary school students. Provides that the department of education (department) shall make every reasonable attempt to provide the same voice-to-text, screen reader, or human reader accommodations to a particular student on every section of the statewide assessment program as provided as part of the student's: (1) individualized education program; (2) service plan; or (3) choice scholarship education plan. Provides that the state board of education (state board) shall provide a report the legislative council explaining in detail the extent that: (1) individualized education programs; (2) service plans developed; or (3) choice scholarship education plans were altered to align to the statewide assessment program. Provides that, on or before November 1, 2019, the state board shall review and submit a report to the legislative council summarizing how the 2019 statewide assessment program measures reading comprehension. Requires the commission for higher education to prepare a model notice of Free Application for Federal Student Aid (FAFSA). Requires each school corporation to distribute the FAFSA model notice. Provides that the state board shall establish the education dispute resolution working group (EDR working group). Provides that not later than January 1, 2021, the department shall ensure that all mediators, administrative law judges, hearing officers, and other appointees, employees, and contractors who mediate or adjudicate disputes involving educational entities through the department or state board are effectively trained to serve as both mediators and adjudicators. Requires the state board to develop alternative benchmarks, performance indicators, and accountability standards to be used in the assessment of schools that focus primarily on providing an academic program for students with developmental, intellectual, or behavioral challenges. (Current law requires the state board to develop alternative benchmarks, performance indicators, and accountability standards to be used in the assessment of schools that focus primarily on providing an academic program for students with developmental, intellectual, or behavioral challenges.) Provides that an advocate (other than an attorney) for an individual or entity who initiates a lawsuit or administrative proceeding against a public school or a nonpublic school is prohibited from representing the individual or entity without first disclosing in writing to the: (1) advocate's client; and (2) court, administrative law judge, or hearing officer; any conflict of interest the advocate has in representing the individual or entity. Removes the authority to use money appropriated for secured school safety grants for the provision of school based mental health services and social emotional wellness services to students in K-12 schools.
Judicial evaluation of dangerous individuals and firearms. Provides that a judicial finding of dangerousness may be used to initiate temporary commitment proceedings. Provides that a dangerous person is not a proper person for the purpose of: (1) applying for; or (2) receiving; a license to carry a handgun. Provides that a dangerous person who knowingly or intentionally: (1) rents; (2) purchases; (3) receives transfer of; (4) owns; or (5) possesses; a firearm commits dangerous possession of a firearm, a Class A misdemeanor. Provides that a person who knowingly or intentionally: (1) rents; (2) transfers; (3) sells; or (4) offers for sale; a firearm to a person that a court has found to be dangerous or prohibited from owning or possessing a firearm commits dangerous transfer of a firearm, a Level 5 felony. Requires a law enforcement officer (officer) who seizes a firearm from a person believed to be dangerous without a warrant to provide an affidavit to a court with jurisdiction over the person at issue: (1) not later than 48 hours after the seizure or attempted seizure of the firearm; and (2) for each seizure or attempted seizure of a firearm from the person. Requires a court to order the retention of a seized firearm by a law enforcement agency if the court: (1) finds; or (2) has previously found; the person to be dangerous. Requires a court to determine if a person is dangerous by conducting a hearing. Provides that if a court finds that an individual is not dangerous or no longer dangerous, the court shall order the law enforcement agency having custody of the firearm confiscated, recovered, or seized from the individual to return the firearm to the individual as quickly as practicable, but not later than five days after the court's order. Provides that a dangerous person may petition a court for a court order vacating the person's designation as a dangerous individual 180 days after being found dangerous by a circuit or superior court. Defines "responsible third party". Requires a responsible third party to: (1) safely and responsibly care for and store a firearm that is entrusted to the third party; and (2) prevent dangerous persons from accessing any firearm entrusted to the third party. Makes conforming amendments.
Dealer services. Provides that a broker is not defined as a lead generation or other marketing service except in certain instances. Defines "dealer owner" for a business entity. Moves certain provisions providing temporary license plates and dealer plates to the dealer services law. Removes the requirement that a person must be licensed by the secretary of state before the person may possess for more than 30 days more than two inoperable motor vehicles. Provides that an automotive salvage recycler must be licensed by the secretary of state before the automotive salvage recycler may do certain activities. Requires that an automotive salvage recycler must report a purchase of a motor vehicle to the National Motor Vehicle Title Information System within 72 hours. (Current law requires 30 days.) Requires an automotive salvage recycler to allow the secretary of state, a police officer, or an agent of the secretary of state to inspect a certificate of authority. Changes the composition of the motor vehicle sales advisory board (board). Allows the board members to be reappointed. Requires that a zoning affidavit or statement be signed not more than 90 days before the affidavit or statement is submitted to the secretary of state as part of an application for various permits and licenses. Requires a dealer to submit an application for approval of a change to a dealer manager. Removes the provision providing for a manufacturer or distributor to recover costs under a uniform warranty reimbursement policy in certain instances. Requires a copy of a contract between a manufacturer or distributor and a franchisee be provided to the secretary of state. (Current law requires that the copy be submitted to the bureau of motor vehicles.) Makes conforming changes. Makes technical changes.
Offenses involving critical infrastructure. Repeals the term "key facility" and replaces it with "critical infrastructure facility". Defines "critical infrastructure facility". Provides that a person who, not having a contractual interest in the property, knowingly or intentionally enters the real property of a critical infrastructure facility without the permission of the owner of the critical infrastructure facility or an authorized person commits the offense of critical infrastructure facility trespass. Provides that a person who recklessly, knowingly, or intentionally damages or defaces property of a critical infrastructure facility commits the offense of critical infrastructure facility mischief. Provides criminal penalties and civil remedies
Absentee ballots. Requires certain applications for an absentee ballot to be received not later than 11:59 p.m. 12 days before the date of an election. (Under current law, these applications must be received not later than 11:59 p.m. eight days before an election.) Allows certain applications for an absentee ballot to be transmitted by electronic mail. Provides that, for every election held after December 31, 2019, an application for an absentee ballot is an adequate application for an absentee ballot if it is received not earlier than December 1 of the year before any election. (Under current law, this provision
Libraries. Provides that, in the case of a public library outside Marion County, the fiscal body of a city, town, or county that established the public library, the governing body of which is not comprised of a majority of officials who are elected to serve on the governing body, may adopt a resolution to require the public library to submit its proposed budget and property tax levy to the city, town, or county fiscal body for binding review and approval in the same manner that is required under current law if the public library's cash on hand plus its expected revenues is greater than 150% of the public library's proposed budget. (These amounts exclude gifts, bequests, and philanthropic funds and debt funds.) Provides that the fiscal body of the city, town, or county may not reduce the public library's proposed operating budget or tax levy in a budget year by more than 10% of the public library's operating levy.
Utility matters. Provides that an order affecting rates of service may be entered by the utility regulatory commission (IURC) without a formal public hearing in the case of any public or municipally owned utility that either: (1) serves less than 8,000 customers; or (2) has initiated a rate case on behalf of a single division of the utility and that division: (A) serves less than 5,000 customers; and (B) has an IURC-approved schedule of rates and charges that is separate and independent from that of any other division of the utility. (Current law permits the IURC to enter a service rate order without a public hearing only in the case of a utility that itself serves less than 5,000 customers.) Changes the term "distressed utility" to "offered utility" for purposes of statutory provisions regarding the acquisition of water or wastewater utilities. Makes the following changes for purposes of the statutory provisions under which a utility that acquires property from another utility at a cost differential may petition the IURC to include the cost differential in the acquiring utility's rate base: (1) Provides conditions for applicability of the rebuttable presumption that the cost differential is reasonable. (2) Amends the findings the IURC must make in order to approve the petition. (3) Provides that notice of the filing of the petition may be provided to customers of the acquiring utility company in a billing insert. (4) Requires the acquiring utility company to submit with its petition to the IURC a written description of how the acquiring utility will identify and make reasonable and prudent improvements necessary to provide safe and reliable service to customers of the offered utility. Provides, for purposes of the requirement that a municipality that plans to sell or dispose of nonsurplus municipally owned utility property must appoint appraisers in a writing that is a public record, that a written contract with the appraisers or the appraisers' firms satisfies this requirement. Provides that the municipality must hold a public hearing regarding the appraisal and proposed sale not later than 180 days (rather than 90 days, under current law) after the appraisal is complete. Amends the factors the IURC must consider in deciding whether the sale or disposition is in the public interest. Provides that if, within a county containing a consolidated city: (1) a main sewer line is extended for the purpose of connecting one or more residential or commercial properties to a sanitary sewer system; and (2) the extension, when completed, will be located within a certain distance of the property line of a residential property served by a septic system; the Health and Hospital Corporation of Marion County (corporation) or its board may not order that the residential property served by a septic system be connected to the extension. Provides, however, that the connection of a residential property served by a septic system to such an extension may be ordered if: (1) the state department of health; or (2) the corporation or its board; determines that the septic system serving the residential property is failing. Specifies that these provisions do not affect a septic tank elimination program approved by the IURC. Urges the legislative council to assign to an appropriate interim study committee the task of studying, on a statewide basis, the connection of unserved properties to sanitary sewer systems owned or operated by various public and private entities.
Indiana defense task force. Repeals the military base planning council and reenacts it as the Indiana defense task force (task force). Makes changes to the membership of the task force. Repeals the requirement that the Indiana office of defense development (office) report annually to the lieutenant governor on the economic, workforce, and national security impact of the defense assets and defense industry in Indiana. Provides for the governor to appoint the director of the office. (Current law provides for the lieutenant governor to appoint the director of the office.) Requires the director to report directly to the governor. Allows for the director to be compensated in an amount set by the governor.
Department of health matters. Allows the state health commissioner to issue standing orders (current law allows for statewide standing orders) and sets forth requirements of a standing order. Removes the requirement that the state department of health (state department) adopt rules defining a birth problem. Requires the state department to publish a list annually of birth problems required to be reported and allows for the state department to update the list. Adds considerations by the state department in compiling the birth problem list. Allows the state department to release information in the immunization data registry to the Centers for Disease Control and Prevention. Requires the state department to publish a list of reportable communicable diseases and other diseases and conditions that are a danger to health and to publish the list of control measures for the diseases and conditions on the state department's Internet web site. Sets forth considerations in updating the list of communicable diseases and conditions.
State and local administration. Makes the filing deadlines for property tax deductions applicable to mobile homes and manufactured homes that are not assessed as real property the same as the filing deadlines for property tax deductions applicable to real property. Repeals the coal conversion system property tax deduction, the coal combustion product property tax deduction, the recycled coal combustion byproduct personal property tax deduction, the aircraft property tax deduction, the intrastate aircraft property tax deduction, the Hoosier alternative fuel vehicle manufacturer investment income tax credit, and the local income tax option hiring incentive credit. Extends the legislative services agency tax incentive review schedule from five to seven years. Provides that a redevelopment commission or other entity that creates a tax increment financing area shall file the resolution and supporting documents that create the tax increment financing area with both the county auditor in which the tax increment financing area is located and the department of local government finance within 30 days after the redevelopment commission or other entity takes final action on the resolution. Provides that if a redevelopment commission or other entity that creates a tax increment financing area files the resolution and supporting documents with either the county auditor and the department of local government finance after the first anniversary of the effective date of the tax increment financing area, the county auditor shall compute the base assessed value of the tax increment financing area using the assessment date immediately preceding the later of the date on which the documents were filed with the county auditor or the date on which the documents were filed with the department of local government finance. Urges the study of the advisability of eliminating the mortgage property tax deduction and the advisability of increasing the homestead standard deduction.
Alcohol regulation. Amends the definition of "entertainment" for purposes of alcohol regulation to include meals, beverages, and ground transportation provided in connection with entertainment. Amends the definition of "entertainment complex" to apply to: (1) all municipalities and facilities that have permanent seating for at least 800 individuals; and (2) certain facilities with seating for 200 individuals located within a mile of the center of Indianapolis.
Sex offender employment and residence. Allows a court to prohibit, as a condition of probation, a sexually violent predator or an offender against children from having: (1) unsupervised contact; or (2) contact; with a child less than 16 years of age. Requires that as a condition of probation, a court shall inform an offender against children of the restrictions on an offender against children residing near: (1) school property; (2) a youth program center; (3) a public park; or (4) the residence of the victim of the offender's sex offense. Prohibits a sexually violent predator or an offender against children from working: (1) as or for a child care provider; (2) as a provider of respite care services and other support services for primary or family caregivers; or (3) as a provider of adult day care services. Prohibits an offender against children from residing in a residence where a person provides child care services, or within 1,000 feet of a licensed day care center.
Education matters. Provides that a school corporation shall accept a transferring student who does not have legal settlement in the school corporation and who has a parent who is a current employee of the transferee school corporation with an annual salary of at least $8,000. (Under current law, a school corporation shall accept a transferring student who does not have legal settlement in the school corporation and who has a parent who is a current employee of the transferee school corporation.) Provides that each school corporation and charter school shall require certain applicants for employment and school employees to attend training concerning recognition of the signs and symptoms of seizures and the appropriate steps to be taken to respond to these symptoms. Provides that, if a school corporation or charter school receives a seizure management and treatment plan for a student that was developed by the student's health care provider, certain requirements must be met by the school corporation or charter school and the school nurse or school nurse's designee. Requires the department of education to identify resources to assist public schools in implementing individual health plans for students with seizure disorders.
Copies of identifying adoption information. Provides that a person releasing identifying adoption information must, upon request by the individual requesting the identifying information, provide copies of the identifying information to the individual. Makes a correction regarding exceptions to the release of identifying information.
Commitment of Level 6 offenders to DOC. Provides that a court may commit a person convicted of a Level 6 felony to the department of correction (DOC) if: (1) the person is a violent offender; or (2) the person has two prior unrelated felony convictions.
Regional holding facility. Provides that a "regional holding facility" is an existing facility that is currently established and operated by the department of correction (department) that offers mental health and substance abuse treatment, workforce development, educational programs, and other evidence based programs designed to reduce recidivism. Provides that a local economic development organization may enter into a regional holding facility lease agreement with the department of correction to: (1) address the issue of jail overcrowding in Indiana; (2) reduce recidivism by offering programs in an unused department of correction facility; and (3) obtain federal funding to operate the facility. Establishes conditions under which a county sheriff may transfer certain confined jail offenders to a regional holding facility. Establishes requirements for transfer agreements between the department and county sheriffs. Requires the department to collect data and report the outcomes of services provided by a regional holding facility to the legislative council. Provides that reimbursements paid by the state to the county for the costs of incarcerating a confined jail offender shall be used to pay for a confined jail offender housed in either a regional holding facility or a county jail. Provides that the Indiana criminal justice institute shall identify any federal, state, or local grants that can be used to assist in the funding and operation of regional holding facilities. Allows political subdivisions to enter into public-private agreements with an operator to accomplish the design, financing, construction, acquisition, improvement, renovation, equipping, operation, or maintenance of a regional jail. Establishes the county jail overcrowding task force to: (1) conduct a statewide review of jail overcrowding; and (2) study the issue of how to reduce recidivism for convicted felons in county jails by offering programs designed to reduce recidivism. Requires the justice reinvestment advisory council to conduct a statewide review of bail reform and pretrial issues and to identify common reasons and possible local, regional, and statewide solutions.
Opioid treatment pilot program. Extends the opioid treatment pilot program until 2022. (Under current law the pilot program will expire in 2020.)
Education finance. Replaces references to pre-2019 school funds with references to conform to the education funding and accounting changes made by HEA 1009-2017 and HEA 1167-2018. Extends (through 2023) the ability in current law for a school corporation to allocate circuit breaker credits proportionately (without taking protected taxes into account) under certain circumstances. Provides that credits attributable to new debt incurred by the school corporation after June 30, 2019, shall not be included in determining the school corporation's eligibility to allocate circuit breaker credits proportionately. Provides that the amount of credits that the school corporation may allocate proportionately is determined based on a calculation of the percentage amount of credits granted against the school corporation's levy for its operations fund compared to the school corporation's levy for its operations fund. Provides for the calculation of the growth in the maximum levy for a school corporation's operation fund to be based on an assessed value growth quotient (AVGQ) using the average annual growth in net assessed value over the most recent three year period. Provides for a ceiling of 4% plus the statewide AVGQ and a floor of the statewide AVGQ. Removes a requirement concerning an estimate of: (1) the source of all revenue to be dedicated to a school corporation's proposed capital expenditures in the upcoming calendar year; and (2) the amount of property taxes to be collected in the upcoming calendar year and retained in the fund for capital expenditures proposed for a later year; from the format of a school corporation's capital expenditures plan. Provides for an adjustment to the Evansville Vanderburgh School Corporation operations fund levy for 2020 to fund a historical society supporting Bosse Field (The 2019 operations fund levy did not recognize the historical society fund levy that was imposed in 2018). Makes technical corrections. Requires a school corporation to submit to the department of local government finance's computer gateway the school corporation's: (1) capital projects expenditure plan; and (2) school bus replacement plan.
Parenting time. Authorizes a court to require a parent to submit to drug testing as a condition of exercising parenting time rights if the court finds that: (1) the parent has a history of unlawful drug use within the previous five years; or (2) there is a reasonable likelihood that the parent is currently using unlawful drugs. Specifies that the parent shall pay the costs of the drug testing. Provides that, if a court grants parenting time to a person who has been convicted of: (1) child molesting; or (2) child exploitation; within the previous five years, the court shall order that the parenting time must be supervised.
Body cavity searches and blood draws. Establishes a procedure authorizing licensed medical personnel to obtain a body fluid sample or to retrieve contraband from the body cavity of an individual as part of a criminal investigation, and, grants, with certain exceptions, immunity to medical personnel. Provides a method for certain emergency medical services providers and law enforcement officers who have been exposed to blood or body fluids to obtain the results of a test for a dangerous communicable disease. Establishes a procedure for a court to issue an emergency ex parte order for a blood or body fluid specimen.
Telephone solicitation. Adds to the list of telephone calls that are exempt from the "do not call" statute any telephone call made to a consumer by a caller that: (1) is: (A) a communications service provider that offers broadband internet service; or (B) a financial institution or a person licensed by the department of financial institutions to engage in first lien mortgage transactions or consumer credit transactions; and (2) has an established business relationship with the consumer. Requires the consumer protection division of the attorney general's office (division) to notify Indiana residents of the following: (1) The prohibition under federal law against a person making any call using an: (A) automatic telephone dialing system; or (B) artificial or prerecorded voice; to any telephone number assigned to a mobile telecommunications service. (2) The prohibition under federal law against a person initiating any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior consent of the called party. (3) Information concerning the placement of a telephone number on the National Do Not Call Registry operated by the Federal Trade Commission. Allows the division to use the consumer protection division telephone solicitation fund (fund) to: (1) administer the statutes concerning: (A) the registration of telephone solicitors; and (B) the regulation of automatic dialing machines; and (2) reimburse county prosecutors for expenses incurred in extraditing violators of these and other state and federal statutes concerning telephone solicitations. (Current law provides that the fund may be used only to administer: (1) the state's "do not call" statute; (2) the federal statute concerning restrictions on the use of telephone equipment; and (3) the state statute concerning misleading or inaccurate caller identification (caller ID statute).) Provides that certain civil penalties recovered by the attorney general for violations of the statutes concerning: (1) the registration of telephone solicitors; and (2) the regulation of automatic dialing machines; shall be deposited in the fund. Defines "executive" for purposes of the "do not call" statute, and provides that an executive of a person that violates the "do not call" statute commits a separate deceptive act actionable by the division. Provides that the attorney general can collect attorney fees and costs in a civil action for a violation of the caller ID statute. Amends the definition of "seller" for purposes of the statute requiring telephone solicitors to register with the division, so that the definition includes any person making a telephone solicitation. (Current law includes only persons making specified false representations in a telephone solicitation.) Provides that all sellers that make telephone solicitations must register with the division. (Under current law, registration is required only if the seller makes a solicitation involving consideration of more than $100 and less than $50,000.) Makes technical changes to the deceptive consumer sales act concerning violations of the caller ID statute. Allows the attorney general to collect a civil penalty of not more than: (1) $10,000 for the first violation; and (2) $25,000 for each subsequent violation; of the statute regulating automatic dialing machines. Urges the legislative council to assign to the interim study committee on corrections and criminal code the task of studying the following: (1) Whether existing criminal penalties for violations of specified telephone solicitation statutes should be increased. (2) The potential effects of increasing criminal penalties for violations of the statutes on: (A) the ability of the office of the attorney general to enforce compliance with the statutes; and (B) the state's criminal justice system. (3) Reconciling state and federal laws concerning the Do Not Call registry and other telephone privacy laws.
Various trust matters. Defines "designated representative", "judicial proceeding", and "nonjudicial matter" for purposes of the trust code. Authorizes the establishment of legacy trusts. Prescribes the procedures for establishing a legacy trust and requirements for claims under a legacy trust. Provides that a court shall exercise jurisdiction over a legacy trust or a qualified disposition and adjudicate a case or controversy regarding the legacy trust, if the case or controversy is within the subject matter of the court. Adopts the uniform directed trust act, which allows for the terms of a trust to grant a person other than a trustee power
Pharmacists; physician assistants. Sets out the conditions for emergency pharmaceutical refills and prescription adaptations. Permits a pharmacist to prescribe certain devices or supplies approved by the federal Food and Drug Administration. Provides that if a pharmacist prescribes certain devices or supplies, the pharmacist must provide the patient with a written advance beneficiary notice that is signed by the patient and that states that the patient may not be eligible for reimbursement for the device or supply. Requires that the pharmacy must keep a copy of the patient's advance beneficiary notice. Changes the role of a supervising physician for a physician assistant to that of a collaborating physician. Removes prescribing requirement language of at least 30 contact hours in pharmacology by a program approved by the committee and requires the physician assistant to have graduated from an accredited physician assistant program and have received the required pharmacology training from the program. Removes the following requirements concerning prescribing by a physician assistant: (1) A physician assistant prescribing a controlled substance to have practiced as a physician assistant for at least 1,800 hours. (2) Prescribing authority being delegated to a physician assistant to be expressly delegated in writing by the physician. (3) Limiting the amount prescribed to an amount not to exceed a 30 day supply. Removes a requirement that a physician review at least 25% of the patient's records in a physician assistant's first year of practice. Requires the review of at least 10% of the patient records concerning the prescribing or administering of a drug (instead of only certain scheduled drugs) for the first year in which a physician assistant obtains authority to prescribe a drug. Removes certain chart review requirements and a statement to the board by the physician.
Prohibited name change. Defines "lifetime sex or violent offender" and prohibits, with certain exceptions, a lifetime sex or violent offender from changing the offender's name. Requires the local law enforcement authority in the county of conviction to take reasonable steps to notify the victim if a lifetime sex or violent offender changes the offender's name, and authorizes a prosecuting attorney to assist with the notification.
Department of child services matters. Defines "child", for purposes of provisions regarding the filing of a petition to terminate a parent-child relationship involving a delinquent child or a child in need of services, as an individual who is: (1) less than 18 years of age; and (2) a delinquent child or a child in need of services. Provides that a criminal history check for certain family law and juvenile law provisions includes a check of local criminal records (rather than local law enforcement records under current law). Amends the list of offenses that disqualify an individual from acting as an adoptive parent or accepting placement of a child ("nonwaivable offenses") to: (1) add additional nonwaivable offenses; and (2) provide for additional offenses that are nonwaivable only if the conviction for the offense occurred within the past five years. Changes the threshold amount of child support payments that must be collected by a Title IV-D agency to require that the agency collect a fee. Requires a criminal history check to be conducted for an employee, volunteer, or contractor of an applicant for various licenses, regardless of whether the individual has direct contact with children. Provides for denial or revocation of various licenses for employees, volunteers, or contractors, regardless of whether the individual has direct contact with children. Requires that a child in need of services or a delinquent child be provided with a foster care verification form when the child leaves foster care or has been in foster care for at least six months. Adds department of child services employees to the list of individuals who may request that a county, municipality, or township restrict access to the individual's home address on a public property data base operated by the county, municipality, or township.
Health matters. Establishes distribution parameters for certain money appropriated to the first steps program. Permits the office of the secretary of family and social services to apply for a state plan amendment requiring Medicaid reimbursement for rehabilitation option services in a school setting. Requires implementation within one year of approval. Amends the definition of "employee" to remove exclusion of employees who are covered by an employee assistance program. Specifies that all the requirements for the employee assistance program must be met to be compliant. Requires the executive board of the state department of health to amend rules to reflect current private publications used in hospital licensure rules. Requires a home health agency to randomly test: (1) at least 50% of certain home health agency's employees; and (2) employees suspected of illegal use of a controlled substance. (Current law does not require testing of both groups of employees.) Allows the board of pharmacy to approve a remote or mobile location for a nonresident pharmacy that is registered with the board. Allows a pharmacy that holds a retail permit to offer drugs and devices to a long term care facility, a health facility, and a housing with services establishment. Requires a pharmacy to transfer, upon the request of a patient, certain prescriptions for the patient that the pharmacy has received but not filled to another pharmacy. Provides that, beginning January 1, 2020, a pharmacy may not dispense injectable epinephrine or glucagon that has an expiration date of less than 12 months from the date that the pharmacy dispenses the injectable epinephrine or glucagon to a person unless the person consents to the expiration date being less than 12 months. Provides that an automated dispensing system that meets certain requirements may be operated in a location other than through a registered remote dispensing facility. Allows a qualifying pharmacist who is absent to have a designee in the pharmacist's place at a remote dispensing facility. Allows the board of pharmacy to establish continuing education rules for pharmacy technicians who are at a remote dispensing facility that is not staffed by a pharmacist. Provides that auditory communication must be available, as needed, with the remote dispensing facility and the qualifying pharmacist. Requires the board to adopt emergency rules concerning automated dispensing systems. Provides that the term "wholesale distribution", for purposes of the wholesale legend drug distributor laws, does not include the sale or transfer of a drug by a charitable organization to: (1) a nonprofit affiliate of the organization; or (2) a nonprofit entity that is not affiliated with the organization; to the extent permitted by law. Provides that a program to accept unused medication by a business or other entity is not subject to regulation by a city, town, or county. Prohibits a city, town, or county from requiring a business or other entity to pay for or establish a program to accept unused medication. Adds gabapentin to the definition of "controlled substance" for purposes of the Indiana scheduled prescription electronic collection and tracking (INSPECT) program. Provides that the rules of INSPECT that were adopted before its repeal are considered to be adopted under the new INSPECT law. Requires a health plan that denies prior authorization for certain prescription drugs to provide an alternative list of prescription drugs or alternative treatments covered by the health plan. Requires the board of veterinary medical examiners to study the regulation of veterinary technicians.
Administrative boards. Establishes the governor's security council. Abolishes the counterterrorism and security council and transfers the council's duties to the governor's security council. Abolishes the emergency alert system advisory committee. Abolishes: (1) the boiler and pressure vessel rules board; and (2) the regulated amusement device safety board; and transfers the boards' duties to the fire prevention and building safety commission (commission). Abolishes the emergency medical commission's technical advisory committee. Provides that the department of homeland security (department) may grant waivers to: (1) certain rules adopted by the Indiana emergency medical services commission; and (2) rules adopted by the board of firefighting personnel standards and education. Makes the following changes to the process for obtaining a variance to fire safety, building, and equipment rules: (1) Provides that the department and the commission may grant variances to rules adopted by the commission. (2) Provides that the department shall make each application for a variance available for review on a public portal. (3) Provides that local fire and building officials shall receive notice of variance applications filed within their respective jurisdictions. (4) Provides that a local fire official, local building official, or other interested party may submit documentation regarding a variance application to the department or the commission for review and consideration prior to an initial determination being made on the application by the department or the commission. (5) Provides that the department or commission shall wait at least five business days after a variance application is filed before making an initial determination on the application. (6) Provides that the commission may adopt emergency rules to implement the bill's changes to the variance application process. Provides that the department may engage in studies and consult with any person to implement fire safety, building, and equipment laws and rules, and that the commission may consult with industry experts or call a special meeting to discuss boiler and pressure vessels or regulated amusement devices. Requires the state building commissioner to create a data base cataloging variance rulings. (Current law allows the commissioner to create the data base.) Abolishes the Indiana dietitians certification board and transfers the board's duties to the medical licensing board of Indiana. Provides that members appointed to boards staffed by the professional licensing agency: (1) have four year term limits; (2) may serve multiple terms; (3) in certain instances, may not have more than two members from the same congressional district; (4) serve at the pleasure of the governor; and (5) must be removed under certain circumstances. Restructures the membership of the following boards: (1) Indiana board of accountancy. (2) Board of registration for architects and landscape architects. (3) Indiana athletic trainers board. (4) Indiana auctioneer commission. (5) Board of chiropractic examiners. (6) State board of funeral and cemetery service. (7) Indiana state board of health facility administrators. (8) Home inspectors licensing board. (9) State board of registration for professional surveyors. (10) State board of massage therapy. (11) Midwifery committee. (12) Behavioral health and human services licensing board. (13) Manufactured home installer licensing board. (14) Indiana optometry board. (15) Indiana plumbing commission. (16) Board of podiatric medicine. (17) Private investigator and security guard licensing board. (18) State psychology board. (19) Real estate appraiser licensure and certification board. (20) Speech-language pathology and audiology board. Amends professional experience qualifications for appointment of registered architects and registered landscape architects to the board of registration for architects and landscape architects to provide that the professional experience qualifications are preferences rather than requirements. Provides that to the extent possible, the governor shall appoint to the state board of registration for professional engineers individuals who serve or have served in diverse areas of professional practice. Makes technical changes.
Department of child services. Specifies that all decisions made by the department of child services (department) in specified statutes shall be made in consideration of the best interests of the child. Provides that a petition for adoption of an adult is not required to include a report regarding the health status and medical history of the adoptee. States that a court shall determine that consent to adoption is not required from a parent if the parent is convicted of crimes in another state that are substantially similar to specified crimes. Requires the department to implement and make available telephone contacts for family case managers to provide access to assistance in finding suitable placement for a child. Allows the department to waive the limits on the number of children who may be placed in a single foster home under certain circumstances. Provides for a right to intervene in a: (1) child in need of services proceeding; or (2) termination of parent-child relationship proceeding; by a foster parent, long term foster parent, or person who has been a foster parent of the child, and sets forth hearing requirements on the petition to intervene. Allows a court to find that a child is not a child in need of services based on credible evidence presented by the child's parent, guardian, or custodian that the parent, guardian, or custodian: (1) is financially unable to supply the child with necessary food, clothing, or shelter; and (2) has not failed, refused, or demonstrated an inability to seek financial or other reasonable means to do so. Requires the department and the office of judicial administration (office) to prepare a form that may be used to provide written testimony by certain individuals and allows foster parents to provide written testimony in a format other than the form. Provides that a dispositional decree must require the department to continue exercising due diligence to identify all adult relatives and adult siblings of the child who may be considered as out-of-home placements for the child. Requires the department to include in a progress report prepared for a case review hearing or permanency hearing information concerning the department's continued effort to identify all adult relatives and adult siblings of the child who may be considered as out-of-home placements for the child. Provides that before a child who was: (1) placed in an out-of-home placement; and (2) moved from the out-of-home placement to an in-home placement; may be returned to an out-of-home placement, the court and the department shall make a reasonable attempt to place the child in the previous out-of-home placement. Provides that if: (1) a child has been removed from a parent and has been under the supervision of the department for 15 months of the most recent 22 months; and (2) a petition to terminate the child's parent-child relationship has not been filed; a foster parent, relative of the child, or de facto custodian with whom the child has been placed for at least six months may file a notice with the court. Provides that if the notice is filed with the court, the court shall schedule a hearing within 30 days. Requires the department and the office to jointly provide a report to the general assembly before July 1, 2020, that includes information concerning: (1) the office's progress in providing training and technical assistance to judicial officers regarding foster parents' statutory right to be heard by the court; and (2) the department's progress in improving opportunities for foster parents to provide oral and written testimony to a court.
Environmental matters. Establishes the 15 member 21st century energy policy development task force (task force). Requires the task force to: (1) examine and evaluate specified aspects of the state's policies concerning electric generation portfolios; (2) develop recommendations for the general assembly and the governor concerning any identified challenges with respect to Indiana's electric generation portfolios; and (3) issue a report setting forth the task force's recommendations not later than December 1, 2020. Requires the utility regulatory commission (IURC), before July 1, 2020, to conduct a comprehensive study of the statewide impacts of: (1) transitions in the fuel sources and other resources used to generate electricity by electric utilities; and (2) new and emerging technologies for the generation of electricity; on electric generation capacity, system reliability, system resilience, and the cost of electric utility service. Requires the IURC to provide a final report on its study to the governor, the legislative council, and the 21st century energy policy development task force not later than July 1, 2020. Replaces the term "wastewater management vehicle" with the term "septage management vehicle". Changes the membership of the environmental rules board (board) by adding one representative of the residential or commercial construction industry and removing the state health commissioner as an ex officio member. Requires certain reports concerning public water systems to be submitted to the department of environmental management (IDEM) electronically. Eliminates record keeping requirements relating to solid waste transported outside Indiana for final disposal. Revises the law concerning the assessment of the state solid waste management fee. Changes the deadline for IDEM's annual assessment of hazardous waste annual operation fees. Provides that the administrator of the underground petroleum storage tank excess liability trust fund (ELTF) is required, not more than 45 business days after a claim on the ELTF is submitted, to: (1) approve the claim; (2) notify the claimant that a correction, a clarification, or additional information is needed; or (3) deny the claim. Provides that IDEM, rather than the board, is to deposit solid waste fees in the waste facility operator trust fund. Provides for IDEM to receive payment of solid waste fees by electronic fund transfer. Authorizes the board to adopt rules that increase the amounts of environmental fees. Requires the board, in changing the amount of a fee, to take into account the cost to IDEM of amendments, modifications, and renewals of a permit, license, or approval. Provides that a fee established by the board for a type or class of permit: (1) may be set at a particular amount in consideration of the type and amount of discharge or emission to which the permit relates; and (2) may not be different in amount for public sector permit holders than for private sector permit holders unless the difference is specifically authorized by law. Requires IDEM to arrange for an independent study of certain IDEM costs and to develop other information relevant to fees. Provides that all fee amounts set forth numerically in Title 13 of the Indiana Code are minimum amounts and that the board may increase the amount of a fee even though the minimum amount of the fee is set forth numerically in Title 13. Provides that the board may not increase an environmental fee: (1) more than once in five years; or (2) by more than 10%. Requires the board to adopt rules to implement a one-time increase in fees before January 1, 2022, and provides that: (1) the pre-2022 increase in the confined feeding operation, NPDES, safe drinking water act, solid waste, and hazardous waste program fees must be calculated to cause an increase in annual aggregate fee revenue of $3,200,000; and (2) the pre-2022 increase in the air pollution control program fees must be calculated to cause an increase in annual aggregate fee revenue of $2,000,000.
Individualized mental health safety plans. Requires the division of mental health and addiction to establish a standard format for individualized mental health safety plans. Requires psychiatric crisis centers, psychiatric inpatient units, and psychiatric residential treatment providers to: (1) collaboratively develop a mental health safety plan with each patient; (2) explain the benefits of coordinating care and sharing mental health safety plans with mental health providers in the community that can help with the patient's safe transition back into the community; and (3) make a good faith effort before a patient leaves a facility at which the patient is receiving care to obtain the patient's consent to disclose the patient's individualized mental health safety plan with mental health providers, integrated school based mental health providers, and mental health community paramedicine programs that will be supporting the patient's safe transition back into the community and, if applicable, school. Provides that if a licensed mental health professional or paramedic determines that a patient may be a harm to himself or herself or others, the mental health professional or paramedic may request a patient's individualized safety plan. Provides that each psychiatric crisis center, psychiatric inpatient unit, and psychiatric residential treatment provider shall, upon request and without the consent of the patient, share a patient's individualized mental safety to a mental health professional or paramedic who demonstrate proof of licensure and commit to protecting the information in compliance with privacy laws. Provides that a psychiatric crisis center, psychiatric inpatient unit, or psychiatric residential treatment provider that discloses an individualized mental health safety plan to certain licensed providers in good faith is immune from civil and criminal liability.
Curriculum matters. Provides that a school corporation that is a member of the coalition of continuous improvement school districts may replace high school courses on the high school transcript with courses on the same subject matter with equal or greater rigor to the required high school course and may count such a course as satisfying the equivalent diploma requirements established by IC 20 and any applicable state board of education administrative rules or requirements.
Sediment and erosion control in construction. Provides that a review authority (an MS4 community or a soil and water conservation district) to which a construction plan is submitted must make a preliminary determination whether the construction plan is substantially complete: (1) before the end of the tenth working day after the day on which the construction plan is submitted in the case of a small construction activity site (one at which construction results in land disturbance of at least one but less than five acres) or very small construction activity site (one at which construction results in land disturbance of less than one acre); or (2) before the end of the fourteenth working day after the day on which the construction plan is submitted in the case of a large construction activity site (one at which construction activities result in land disturbance of at least five acres). Provides that if a review authority to which a construction plan is submitted does not notify the project site owner before the end of the tenth or fourteenth working day (whichever applies) of its preliminary determination whether the construction plan is substantially complete, the project site owner may submit a notice of intent letter and, 48 hours later, may begin the construction project. Provides that an MS4 community may require erosion and sediment control measures at a very small construction activity site but that the control measures may not be more stringent than the control measures required at a small construction activity site by administrative rules or the general permit that will be issued by the department of environmental management (IDEM).Establishes minimum qualifications for an individual who begins employment after July 1, 2019, reviewing and making conclusive determinations concerning construction plans submitted to an MS4 community. Provides that if an MS4 community has made a conclusive favorable determination concerning a construction plan and work on the construction project has begun, the MS4 community may not order work on the construction project to stop on the grounds that the erosion and sediment control measures are not adequate unless the project site owner is notified in writing of the inadequacies and the inadequacies are not resolved within 72 hours. Provides that the general permit that will be issued by the department of environmental management to establish erosion and sediment control requirements for construction sites, to the extent allowed under federal law, must recognize and be consistent with these provisions.
Natural resources matters. Provides that a person may reconstruct an earthen berm or levee located in a floodway: (1) if the person obtains a permit from the department of natural resources (DNR); or (2) if the earthen berm or levee is located in a rural area, if it was constructed before January 1, 1973, or after December 31, 1972, pursuant to a construction permit issued by the DNR, and if the plans and specifications for the reconstruction demonstrate to the satisfaction of the DNR that the reconstruction will meet certain requirements. Makes the violation of certain prohibitions or requirements concerning the reconstruction of an earthen berm or levee a Class B infraction. Establishes new requirements concerning freeholders' signatures on a petition to establish a conservancy district, providing: (1) that for a proposed district of not more than 5,000 freeholds, 30% of the freeholders must sign the petition; that for a proposed district of more than 5,000 but not more than 25,000 freeholds, 15%, but not less than 1,000, of the freeholders must sign the petition; and that for a proposed district of more than 25,000 freeholds, 10%, but not less than 3,000, of the freeholders must sign the petition; and (2) that the freeholders signing a petition to establish a conservancy district must own at least 51% of the assessed valuation of the real property located within the boundaries of the proposed conservancy district. Provides that these new requirements do not apply to the establishment of a conservancy district pursuant to a petition filed with a clerk of the circuit court before January 1, 2020.
Peer to peer vehicle sharing. Defines peer to peer vehicle sharing. Provides requirements for a peer to peer (P2P) vehicle sharing program. Provides that a shared vehicle may not be shared on a peer to peer vehicle program if any safety recalls have not been repaired. Provides insurance requirements for a shared vehicle if the vehicle will be shared on a peer to peer vehicle sharing program. Provides that a P2P vehicle sharing program is responsible for maintaining liability insurance coverage during the car sharing period for a vehicle shared through the P2P vehicle sharing program. Provides that a P2P vehicle sharing program shall assume liability of a shared vehicle owner for any bodily injury or property damage to third parties or uninsured and underinsured motorist losses during the car sharing period in an amount stated in the car sharing agreement, which may not be less than the minimum amount set forth in the financial responsibility statute. Provides that the bureau of motor vehicles may not suspend the driving privileges of a shared vehicle owner for failure to submit proof of financial responsibility at the time an accident occurred if the vehicle was shared through a peer to peer vehicle sharing program at the time the accident occurred. Provides that a political subdivision may not enact or enforce an ordinance, resolution, policy, or rule to regulate peer to peer vehicle sharing. Allows the board of an airport authority or a board of aviation commissioners to enact or enforce an ordinance, resolution, policy, or rule regulating P2P vehicle sharing.
Prekindergarten pilot program. Provides that, after June 30, 2019, in addition to the counties currently participating in the prekindergarten pilot program (program), the program includes eligible providers in any county in Indiana. Amends the definition of an "eligible child". Adds definitions of: (1) "extended enrollment period"; (2) "priority enrollment period"; and (3) "limited eligibility child". Provides that up to 20% of the grants provided may be used to provide grants to limited eligibility children. Provides that, during the priority enrollment period, the office of the secretary of family and social services (office) shall provide grants to eligible children in the program on a first-come, first-served basis. Provides that, during the extended enrollment period, the office shall provide grants to eligible children and limited eligibility children in the program on a first-come, first-served basis to the extent of available funding. Requires the office to post monthly on the office's Internet web site the total enrollment of and number of grants awarded to: (1) all eligible children (before January 1, 2020); and (2) all eligible children and all limited eligibility children (after December 31, 2019); for each county that participates in the program. Provides that a limited eligibility child may qualify for the grant if the child resides with a parent or guardian who receives Social Security Disability Insurance or Supplemental Security Income benefits. Provides that the office may use money in the prekindergarten pilot program fund that is allocated for expansion plans to meet any state match amounts required for certain federal grants. Requires the office to include certain information in the office's annual report regarding the prekindergarten pilot program. Repeals a provision relating to income eligibility requirements to participate in the program.
Medicare supplement and Medicaid study. Requires an insurer that makes a Medicare supplement policy available to an individual eligible for Medicare based on age to make at least one "Plan A" Medicare supplement policy available to an individual eligible for Medicare based on disability. Specifies enrollment and insurance producer compensation requirements that apply to the "Plan A" policy. Requires the Medicaid advisory committee to study and make recommendations before November 1, 2019, concerning Medicaid reimbursement and school based health centers.
Charter school matters. Increases the membership of the Indiana charter school board (board) from seven to nine. Authorizes the governor to appoint four members to the board, not more than two of whom may be members of the same political party. (Under current law, the governor appoints two members who may not be members of the same political party.) Provides that the affirmative votes of a majority of the members present are required for the board to take action as opposed to the affirmative votes of a majority of the voting members appointed to the board. Adds a representative from the Arc of Indiana to the list of members who must be included on the state advisory council on the education of children with disabilities. Allows a charter school to limit admissions to allow siblings of student alumni of a charter school or a charter school held by the same organizer to attend the same charter school. Provides that a student who attends a charter school co-located with the charter school may receive preference to admission to the charter school if the preference is specifically provided for in the charter school's charter and is approved by the charter school's authorizer. Adds educational service centers to a provision relating to employee wage payment arrangements. Provides that the governing body of a school corporation may allow, by written authorization, the use of a school bus or a special purpose bus for the transportation of adults at least 65 years of age or disabled adults. Reduces the time frame that a school corporation must make a vacant or unused school building available to a charter school. Provides that, if a school corporation does not comply with the requirements regarding a vacant or unused school building and charter schools, the school corporation must submit any proceeds from the sale of the vacant or unused school building to the state board of education (state board) to provide grants under the charter school and innovation grant program. Requires a school corporation to sell certain vacant school buildings to an accredited nonpublic school or postsecondary educational institution for an amount not more than the minimum bid for the school building or an amount agreed to by both parties. Provides that, in determining whether to accept a proposal to purchase and redevelop a school building that has a square footage that exceeds 200,000 gross square feet and any adjacent property, the governing body must ensure that a charter school that has notified the governing body in writing of its interest in locating the charter school on the redeveloped site is provided adequate facilities on the redeveloped site. Provides that, if the state board directs a special management team to apply for charter school status for a school, the state board shall notify the charter school authorizer selected for application by the special management team of the state board's decision to direct the school to apply for charter status.
Interim study committee. Urges the legislative council to assign the topic of municipal annexation to the appropriate interim study committee during the 2019 interim.
Harassment and orders for protection. Defines "harassment" for purposes of civil orders for protection. Provides that a person who is a victim of harassment may file a petition for an order for protection against a person who commits harassment, and that a court may issue an order for protection against a person who commits harassment only after notice and a hearing. Provides that a court may impose certain terms and conditions upon a respondent when allowing a petitioner and respondent to occupy the same location. Specifies the powers of magistrates. Makes conforming changes.
Various education matters. Provides that the state board of education (state board) may approve assigning a new identification number for a school that is in operation and requests a new number. Provides that the department of education (department) may assign an identification number to a new school upon the new school's request. Requires the state board to adopt rules to establish criteria that a school must meet to be considered a new school for identification number purposes. Voids 511 IAC 6.2-10-10. Provides that, after June 30, 2019, the state board may not use student growth as the exclusive means used in determining a school's final accountability category. Provides that, upon request beginning with the 2019-2020 school year, the department shall place certain innovation network schools and innovation network charter schools in a "null" or "no letter grade" category for purposes of assessing school performance for a certain number of years, consecutively, unless an innovation network school or innovation network charter school requests otherwise. Provides that, if requested by a school, the department may place the school in a "null" or "no letter grade" category for purposes of assessing school performance for the first three consecutive years of operation of the school. Provides that an innovation network school may request that the state board approve an issuance of a "null" or "no letter grade" for a school during its first three consecutive years of operation by an innovation network team. Provides that the state board must establish criteria that the state board may consider in determining whether an innovation network school that reconfigures an existing school is eligible to receive a "null" or "no letter grade". Adds Cambridge International exams as a postsecondary readiness competency that may be approved by the state board as a graduation pathway. Requires the state board to approve two or more benchmark, formative, interim, or similar assessments to identify students that require remediation. (Current law requires that the state board approve two or more benchmark assessments to identify students that require remediation.) Prohibits the state board and department from contracting with, approving, or endorsing the use of a single vendor to provide benchmark, formative, interim, or similar assessments for kindergarten through grade 7.
Prior authorization and Medicaid. Specifies that after December 31, 2020 the prior authorization for health care services statute applies to the risk based managed care Medicaid program. Requires, after December 31, 2020, that a Medicaid managed care organization use a standardized prior authorization form prescribed by the office of the secretary of family and social services.
Interim study committee. Urges the legislative council to assign to the interim study committee on education the topic of studying: (1) the feasibility of integrating the membership of and merging the responsibilities of the Indiana state board of education and the governor's workforce cabinet to continue the process of aligning Indiana's education system; and (2) the governance structure and legislative oversight of education, including the composition of the state board of education, the governor's workforce cabinet, and the commission for higher education.
Residential tax increment financing. Permits a redevelopment commission to establish a program for residential housing development and a tax increment funding allocation area for the program if the average of new, residential houses constructed in the county or municipality in the preceding three years is less than 1% of the total number of residential houses in the county or municipality. Requires the department of local government finance, in cooperation with appropriate county and municipal agencies, to determine eligibility for the program. Provides that a program may not take effect until the governing body of each school corporation affected by the program passes a resolution approving the program. Defines "residential housing" as housing or workforce housing that consists of single family dwelling units sufficient to secure quality housing in reasonable proximity to employment.
Code revision corrections. Addresses problems in the Indiana Code not suitable for resolution in the annual Technical Corrections bill, including corresponding amendment to certain percentages and overly broad or ambiguous language. Resolves technical conflicts between various enrolled acts passed during the 2019 legislative session. Corrects technical errors in various enrolled acts passed during the 2019 legislative session.
New septic system technology. Requires the state department of health (state department) to establish a technical review panel consisting of individuals who hold certain positions or have certain qualifications relevant to onsite sewage systems or who represent certain organizations to which onsite sewage systems are important. Requires the technical review panel to decide whether "technology new to Indiana" (or "TNI", which refers to a sewage treatment method or process or sewage treatment equipment that is not recognized in the administrative rules of the state department or the executive board of the state department) is approved for general use in Indiana. Requires the technical review panel, in response to an application, to decide that a TNI: (1) is approved for general use in Indiana; (2) is approved for use in Indiana with certain conditions; (3) is approved for use in Indiana on a project-by-project basis; or (4) is not approved for use in Indiana. Requires the technical review panel to inform an applicant of the technical review panel's initial or final decision on a complete application not more than 90 days after notifying the applicant that it received the application. Requires the technical review panel to approve a TNI for general use in Indiana if: (1) the TNI has been certified as meeting the NSF/ANSI 40 Standard; (2) a proposed Indiana design and installation manual for the TNI is submitted with the permit application; and (3) the technical review panel certifies that the proposed Indiana design and installation manual meets the vertical and horizontal separation, sizing, and soil loading criteria of the state department. Provides that if: (1) a TNI meets the requirements of the NSF/ANSI 40, NSF/ANSI 245, or NSF/ANSI 350 standard; (2) the proposed Indiana design and installation manual for the TNI meets the vertical and horizontal separation, sizing, and soil loading criteria of the state department; and (3) a registered Indiana professional engineer prepares site specific plans for the use of the TNI in a residential or commercial application; the site specific plans may be approved by the local health department within 30 days, if the TNI is to be used in a residential application, and shall be approved by the state department upon submission of the site specific plans, if the TNI is to be used in a commercial application.
Taxation of data centers. Provides that a county or municipal fiscal body may designate an area in which a property tax exemption will be provided for certain enterprise information technology equipment. Provides a state sales and use tax exemption (exemption) for the purchase of certain data center equipment that is located in a data center that results in a minimum qualified investment within five years, ranging from at least $25,000,000 to more than $150,000,000 depending on the population of the county in which the data center is located. Provides that costs that meet the requirement are exempt from the state gross retail tax. Requires a qualified data center user to apply to the Indiana economic development corporation (IEDC) for a specific transaction award certificate (award certificate). Requires a qualified data center user to enter into an agreement with the IEDC as a condition of receiving an award certificate.
Information concerning threats to school safety. Permits a law enforcement agency or private university police department to share private investigatory records with a school corporation, charter school, or nonpublic school for the purpose of enhancing the safety of a student or school facility, without losing the discretion to keep the records confidential from other records requesters. Provides that a school corporation or other entity to which the education records privacy provisions of the federal Family Educational Rights and Privacy Act apply may disclose or report on the education records of a child, including personally identifiable information contained in the education records, without the consent of the child's parent to appropriate officials in cases of health and safety emergencies as determined by school officials. Provides immunity from civil liability concerning the disclosure or report of education records of a student. Provides that in the case of a health or safety emergency, a law enforcement officer shall disclose or report a child's personally identifiable information contained in law enforcement records to a school corporation or an appropriate official. Provides that information concerning any suspicious activity or potential criminal activity related to a child that is shared between a law enforcement officer and a school corporation or an appropriate official shall not be stored or maintained in any type of data base.
Language development for children who are deaf or hard of hearing. Provides that the director of the center for deaf and hard of hearing education (center) shall appoint an advisory committee. Requires the center to do the following: (1) Select language developmental milestones to include in a parent resource. (2) Approve tools and assessments for the assessment of children who are deaf or hard of hearing. (3) Develop and prepare a parent resource. (4) Prepare a report using data collected from the results of the assessments. Provides that the center may provide training and technical assistance concerning the use and administration of approved tools and assessments. Provides that the advisory committee shall do the following: (1) Collaborate with experts in: (A) selecting, for recommendation to the center, the language developmental milestones for inclusion in the parent resource; and (B) approving, for recommendation to the center, tools and assessments for children who are deaf or hard of hearing that are equivalent to tools and assessments for children who are not deaf or hard of hearing. (2) Provide to the center, not later than June 1, 2020, a list of the language developmental milestones that the advisory committee recommends that the center include in the parent resource and a list of tools and assessments that the advisory committee recommends the center approve for the assessment of children who are deaf or hard of hearing. (3) Conduct, at least once every five years, a review of the language developmental milestones selected and tools and assessments approved by the center. Provides that the office of the secretary of family and social services (office) may administer annually to a child who is: (1) less than three years of age; and (2) deaf or hard of hearing; at least one of the assessments approved by the center. Provides that each school corporation may administer annually to a child who: (1) is at least three years of age and less than 11 years of age; (2) is deaf or hard of hearing; and (3) has legal settlement in the school corporation; at least one of the assessments approved by the center. Allows a parent to opt out of the annual assessment if the parent provides, in writing, to the office or school corporation the parent's intent to opt out. Requires the office and each school corporation to provide to the center the results of any tools and assessments administered to a child.
Subscription auto sales. Extends the subscription program prohibition to May 1, 2020. Provides that effective July 1, 2013, a document preparation fee in excess of $200 is an unfair practice. Specifies certain disclosure requirements concerning document preparation fees. Makes conforming amendments.
Human services matters. Requires that the office of the secretary of family and social services prepare and submit a report that: (1) identifies certain administrative and reporting requirements that are unnecessary or overly burdensome; and (2) makes recommendations. Establishes distribution parameters for certain money appropriated to the first steps program. Provides that a managed care organization may not require a licensed psychiatrist to be certified by the American Board of Psychiatry and Neurology for purposes of credentialing or contracting with the psychiatrist while the psychiatrist is practicing at a community mental health center. Requires the executive board of the state department of health to amend rules to reflect current private publications used in hospital licensure rules. Requires a home health agency to randomly test: (1) at least 50% of certain home health agency's employees; and (2) employees suspected of illegal use of a controlled substance. (Current law does not require testing of both groups of employees.) Requires the behavioral health and human services licensing board to meet monthly. Allows the board of pharmacy to approve a remote or mobile location for a nonresident pharmacy that is registered with the board. Allows a pharmacy that holds a retail permit to offer drugs and devices to a long term care facility, a health facility, and a housing with services establishment. Provides that the term "wholesale distribution", for purposes of the wholesale legend drug distributor laws, does not include the sale or transfer of a drug by a charitable organization to: (1) a nonprofit affiliate of the organization; or (2) a nonprofit entity that is not affiliated with the organization; to the extent permitted by law. Provides that a program to accept unused medication by a business or other entity is not subject to regulation by a city, town, or county. Prohibits a city, town, or county from requiring a business or other entity to pay for or establish a program to accept unused medication. Adds gabapentin to the definition of "controlled substance" for purposes of the Indiana scheduled prescription electronic collection and tracking (INSPECT) program. Provides that the rules of the INSPECT program that were adopted before its repeal are considered to be adopted under the new INSPECT law. Requires a health plan that denies prior authorization for certain prescription drugs to provide an alternative list of prescription drugs or alternative treatments covered by the health plan. Requires the board of veterinary medical examiners to study the regulation of veterinary technicians.
Child support. Provides that the duty to support a child ceases when the child becomes 19 years of age unless the child is a full-time student in a secondary school. Provides that in order for child support to continue for a child who is: (1) 19 years of age or older; and (2) a full-time student in a secondary school; a parent or guardian of the child must file notice advising the court that the child continues or will continue to be enrolled in secondary school. Specifies requirements for the content and filing of the notice. Provides that if a party to the child support proceeding does not file an objection or request for a hearing within thirty (30) days after the party receives the notice, the court may, without holding a hearing, issue an order continuing child support through the date on which the child is expected to graduate. Provides that senior prosecuting attorneys include persons employed for at least eight years as a part-time deputy prosecuting attorney. Provides that senior prosecuting attorneys may prosecute criminal nonsupport cases.
Rehabilitation and community based services. Requires the division of disability and rehabilitative services (division) to develop a plan to establish a statewide crisis assistance system program for individuals with developmental disabilities and sets forth requirements of the program. Establishes a task force until December 31, 2025, for assessment of services and supports for people with intellectual and other developmental disabilities (task force). Provides that the task force shall meet twice a year to receive a report from the office of the secretary of family and social services (office) on the implementation of the comprehensive plan of implementation of community based services provided to people with intellectual and other developmental disabilities (implementation plan). Provides that: (1) at the first annual meeting, the office shall report on the progress made in implementing each recommendation of the implementation plan; and (2) at the second annual meeting, the office shall report any legislative changes needed to implement any recommendation of the implementation plan. Requires the division to determine and assess certain components of the vocational rehabilitation services program and serve specified individuals upon determining sufficient staffing and financial resources. Requires the division of disability and rehabilitative services, in coordination with the task force, to establish new priority categories for individuals served by a waiver.
Building standards. Removes language that relates to the temporary rules and regulation of sanitary conditions and sanitary facilities of Class I structures. Adds certain elevator standards to the list of national codes, or their equivalent, that the fire prevention and building safety commission (commission) shall adopt to comply with the statewide code of fire and safety building laws. Removes the requirement that the commission shall adopt the most recent edition, including addenda, of ASME A17.3 (Safety Code for Existing Elevators and Escalators, an American National Standard). Allows the department of homeland security (department) to request certain types of documentation to determine that work conducted on a regulated lifting device was performed by a licensed individual. Requires the commission to adopt national codes within 24 months after the effective date of the national code. Provides that the commission may not adopt an amendment to a national code if the amendment will unreasonably impair safety. Allows the commission to set a fee that is less than the standard fee for certain permits if the acceptance inspection is performed by an inspector that is not employed by the department. Requires an individual who is renewing an operating certificate to submit all safety test results when making application for the renewal operating certificate. Removes obsolete sections. Makes conforming changes.
Probate matters. Repeals the probate study subcommittee. Creates the probate code study commission. Allows a person to contest two or more wills if there is prima facie evidence that: (1) the decedent suffered from an irreversible medical or psychiatric condition that predated the earliest will to be challenged; or (2) a party beneficially interested in one or more of the challenged wills had a direct and active nexus with the preparation or execution process for each will to be challenged. Specifies that the issuance of a court order on any matter related to an unsupervised estate does not revoke the personal representative's authority to continue the administration of the estate as an unsupervised estate. Adds definitions for the terms: (1) "petition for administration"; and (2) "unit address". Provides a process for filing a notice of administration. Removes certain reporting requirements regarding small estate administration to the estate recovery unit of the office of Medicaid policy and planning. Recognizes the small estate threshold of $25,000 for the estate of an individual who dies before July 1, 2007. Authorizes the Indiana supreme court and office of judicial administration to establish and administer a statewide electronic estate planning documents registry (registry). Allows certain individuals to deposit the following items into the registry: (1) An electronic will. (2) An electronic trust instrument. (3) An electronic power of attorney. (4) Any electronic document that revokes or amends an electronic will, electronic trust instrument, or electronic power of attorney. Requires the administrator of the registry to catalog submitted items according to the following: (1) The name of the testator, settlor, or principal. (2) The county of residence for the testator, settlor, or principal. (3) The date of execution for an electronic estate planning document. (4) The date of submission to or deposit with the registry of information pertaining to an electronic estate planning document. (5) The name of any attorney responsible for the preparation or execution of an electronic estate planning document. Requires the registry administrator to make the registry index: (1) available to; and (2) searchable by; the public. Requires the registry administrator to keep the substantive content of electronic documents submitted to or deposited with the registry private, secure, and inaccessible to the public. Requires the registry administrator to issue a certified report concerning the existence of certain items submitted to or deposited with the registry in certain instances. Requires the registry administrator to issue a certified transcript of certain documents submitted to or deposited with the registry in certain instances. Allows the registry administrator to charge fees in certain instances. Revises definitions for the following terms: (1) "Document integrity evidence". (2) "Tamper evident". Defines the term "specified adult" as a person who: (1) is not less than 65 years of age; or (2) is a person that: (A) is at least 18 years of age; and (B) has a mental or physical impairment that prohibits the person from protecting the person's interests. Allows certain individuals to act on behalf of a specified adult in certain instances involving the financial exploitation of the specified adult. Provides that if a transfer on death deed has been recorded before the death of the owner, a subsequent conveyance is void if it is not recorded before the death of the owner with the recorder of deeds in the county where the real property is situated. Establishes dates that determine when certain probate statutes apply. Requires a court to issue certain findings before exempting encumbered real property from certain restrictions concerning the sale of the real property. Allows the devolution of real estate title to be demonstrated by prima facie evidence. Specifies how devolution of real estate title may be demonstrated. Requires the estate recovery unit of the office of Medicaid policy and planning to provide notice of a claim against an estate in certain instances. Makes technical corrections.
Fertility fraud and deception. Establishes a cause of action for civil fertility fraud and provides that a prevailing plaintiff may be awarded: (1) compensatory and punitive damages; or (2) liquidated damages of $10,000. Specifies the statute of limitations for civil fertility fraud. Increases the penalty for deception involving the identity of a person or the identity or quantity of property to a Level 6 felony if the offense involves a misrepresentation relating to: (1) a medical procedure, device, or drug; and (2) human reproductive material. Urges the legislative council to assign the topic of fertility laws, including gestational surrogacy, to an appropriate study committee.
Indiana bond bank. Allows the Indiana bond bank to require certain entities to establish separate reserve accounts as additional security in connection with the issuance of bonds or notes. Allows and establishes terms and procedures for certain entities to assign or otherwise transfer a future stream of revenue to the Indiana bond bank or certain other entities to obtain funding. Establishes conditions under which the state board of finance may sell, transfer, or liquidate agreements that evidence the state's right to make deductions from state tuition support to pay advances from the common school fund under the school corporation and charter school safety advance program. Provides that the state board of education must report to the budget committee each year on any defaults on the repayment of advances from the common school fund by charter schools that have closed or otherwise ceased operations. Requires the department of local government finance to notify the Lake County auditor of the estimated and certified tax revenue that will be withheld from revenue allocated for economic development purposes for certain civil taxing units and distributed to the secretary-treasurer of the northwest Indiana regional development authority (authority). Requires the auditor of state to withhold local income tax revenue from the revenue allocated for economic development purposes for certain civil taxing units in Lake County and distribute it to the secretary-treasurer of the authority. Provides for distribution of certain amounts collected by the authority if a full funding grant agreement is not entered into for the West Lake corridor project.
Parental incarceration. Provides that a child in need of services (CHINS) case plan must include a description and discussion of: (1) the services and treatment available to an incarcerated parent at the facility at which the parent is incarcerated; and (2) how the parent and child may be afforded visitation opportunities, unless visitation with the parent is not in the best interests of the child. Requires a CHINS dispositional decree to provide a reasonable opportunity for a parent of the child who: (1) is incarcerated; and (2) has maintained a meaningful role in the child's life; to maintain a relationship with the child, subject to the safety of the community and best interests of the child. Provides that a motion to dismiss a petition to terminate a parent-child relationship (TPR) may be filed if: (1) the parent is incarcerated or the parent's prior incarceration is a significant factor in the child having been under the supervision of the department of child services (DCS) or a county probation department for at least 15 of the most recent 22 months; (2) the parent maintains a meaningful role in the child's life; (3) DCS has not documented a reason to conclude that it would otherwise be in the child's best interests to terminate the parent-child relationship; and (4) the parent is not incarcerated due to conviction for certain crimes. Provides that in determining whether to grant the motion to dismiss the TPR, the court may consider the length of time remaining in the incarcerated parent's sentence and any other factor the court considers relevant.
Local government matters. Provides that, if a political subdivision publishes or submits to the department of local government finance's (DLGF) computer gateway a notice that contains an error or omission that inaccurately reflects the tax rate, tax levy, or budget actually proposed or fixed by the political subdivision by an amount that is less than 0.1%, the notice is a valid notice and the DLGF shall correct the error or omission. Provides that the state board of accounts, instead of the budget agency, is to approve audits for regional development authorities and allows for private examiners to perform audits. Excludes political subdivisions that do not have the power to impose property taxes from the requirement to upload a digital copy of certain contracts on the Indiana transparency Internet web site. Specifies the deadlines for county auditors to submit property tax settlement and distribution information to the DLGF. Repeals the electronic digital signature act. Specifies the calculation of the acquisition cost of depreciable personal property acquired in like kind exchange for personal property tax purposes. Removes the provision in current law that requires the DLGF to be a party to any contract in which a county assessor employs professional appraisers as technical advisers for assessments. Provides that the standard contract to employ professional appraisers is void if: (1) the appraiser is not certified at the time the contract is executed; or (2) the DLGF subsequently revokes the appraiser's certification. Eliminates the permissive written demand to a county resident who is delinquent in the payment of personal property taxes during the period from May 10 to October 31. Changes the time period from at least 21 to 30 days for the county treasurer's notice of the sale of a mobile home. Makes the filing deadlines for property tax deductions applicable to mobile homes and manufactured homes that are not assessed as real property the same as the filing deadlines for property tax deductions applicable to real property. Amends the definition of "owner" (for purposes of the property tax statutes) to delete the provision specifying that an owner of tangible property includes the holder of a tenancy for a term of years. Requires county auditors to submit data on deductions applicable to the current tax year to the homestead property data base on or before March 15 of each year, in a manner prescribed by the DLGF. Specifies that if a penalty is imposed on a taxpayer for failing to declare on the taxpayer's tax return that the taxpayer is entitled to the exemption for business personal property, the county shall include the penalty on a property tax bill associated with the tax district in which the majority value of the taxpayer's business personal property within the county is located. Eliminates (effective retroactive to July 1, 2017) several property tax deduction and credit reapplication requirements that were added by HEA 1450-2017 concerning unmarried taxpayers who married, married taxpayers who divorced, and taxpayers who came to own their property jointly or as tenants in common with another individual. Provides that a person seeking a property tax exemption for property used for a charitable purpose may file an exemption application up to 30 days following the statutory deadline for the exemption application if the person pays a late filing fee. Makes changes to the time frame for the board of tax review to conduct a hearing and issue a determination. Requires that the budget notice that political subdivisions must publish on the DLGF's computer gateway must also include information concerning the percentage change between the current and proposed tax levies of each fund. Specifies that a political subdivision shall file the budget adopted by the political subdivision with the DLGF not later than five business days after the budget is adopted. Authorizes the DLGF to adopt rules for procedures related to local government budgeting. Specifies that the adoption, amendment, or repeal of such a rule by the DLGF may not take effect before March 1 or after July 31 of a particular year. Requires a political subdivision to adopt the needed changes to its budget, tax levy, or rate in a public meeting if the political subdivision's tax levy is increased by the DLGF to an amount that exceeds the amount originally advertised or adopted by the political subdivision. Provides for an extension of time to submit a city's budget in the case of a veto after October 1. Provides that Highland Township in Greene County may increase its maximum township property tax levy for 2020 and thereafter. Provides that Taylor Township in Greene County may increase its maximum township property tax levy and its maximum fire protection and emergency services property tax levy for 2020 and thereafter. Allows Green Township in Hancock County to increase its maximum levy for the township's general fund to offset the reduction in the maximum levy that occurred beginning in 2003 that was based on the township's actual levy (levy banked amount). Requires the DLGF to increase the North Harrison fire protection territory provider unit's maximum permissible ad valorem property tax levy for purposes of IC 36-8-19 for property taxes due and payable in 2020 if a petition requesting an increase is filed. Provides that a civil taxing unit may not request permission to impose a property tax on account of revenue shortfalls, if the revenue shortfall preceded the most recent certified budget for the civil taxing unit by more than five years. Requires a statement in the county treasurer's notice of intention to sell mobile homes that the county treasurer will apply for a court judgment against the mobile homes for an amount that is set by the county executive and that includes collection expenses. Provides that whenever no bid is received on a mobile home, the taxpayer who is delinquent in the payment of taxes causing the tax sale maintains ownership of the mobile home and liability for the delinquent taxes. Repeals the statute providing for a county board of tax adjustment. Repeals provisions related to the county board of tax adjustment and the local budgeting process. Specifies that: (1) rules adopted by the DLGF for the appraisal of real property may not apply to any appraisal contemporaneously being conducted under a county's reassessment plan; and (2) rules adopted by the DLGF may first apply to the reassessment phase beginning in the following calendar year under a county's reassessment plan. Requires a county that enters into a contract for computer software and with a software provider to upload the contract to the Indiana transparency Internet web site. Specifies that for purposes of attributing the amount of a property tax deduction or exemption to the gross assessed value of a property: (1) a deduction or exemption that is specific to an improvement shall be applied only to the assessed value allocation pertaining to that improvement; and (2) to the extent that a deduction or exemption is not specific to an improvement, the deduction or exemption shall be applied in the order that will maximize the benefit of the deduction or exemption to the taxpayer. Provides that the county executive (instead of the DLGF) may cancel any property taxes assessed against real property owned by a county, township, city, town, or body corporate and politic under certain circumstances. Removes local income tax economic development allocations from the adjustment to Clark County's economic development revenue allocation. Extends the maximum time period from 20 to 22 years for the allocation of local income taxes for correctional and rehabilitation facilities. Limits to 20% the amount of revenue that may be used for operating expenses for correctional facilities and rehabilitation facilities in the county if the ordinance to impose the tax rate is adopted after June 30, 2019. Changes the timeline for providing local income tax distribution numbers to local units. Allows the board governing a: (1) municipal water or sewer provider; (2) municipal department of sanitation; or (3) sewage disposal plant service provider; to fix the time within which service charges become delinquent and service may be discontinued due to nonpayment of charges. (Currently these time periods are provided by statute.) Provides a formula for determination of a county's required appropriation amount for the operation of community mental health centers (other than in Marion County for calendar years 2019 through 2021) based on the increase, if any, in the certified levy for funding over the previous two years after application of the tax caps. Revises a statute concerning the investment of proceeds from the sale of the Montgomery County hospital. Provides that certain parties may elect to be represented by the office of the attorney general under a written agreement between the party and the office of the attorney general. Provides that certain statutes relating to the lease of real property by a political subdivision do not apply to a lease if the total annual cost of the lease is less than $250,000. Validates a lease entered into by a political subdivision before January 1, 2019, with an annual cost of less than $250,000 if the political subdivision's leasing agent did not comply with these statutes when the lease was entered into. Specifies that all members or employees of a volunteer fire department who also serve on the fiscal body of a local government unit must abstain from voting on the unit's budget. Authorizes a county fiscal body to establish a salary schedule that includes greater compensation for the presiding officer or secretary of the county fiscal body or county executive if certain conditions are satisfied. Increases, from $5 to $10, the amount of the county fee that a county auditor shall charge for endorsing a real estate conveyance document and provides that the fee revenue must be used for developing or maintaining plat books, in traditional or electronic format. Provides that money in the county elected officials training fund may be used to provide: (1) travel, lodging, and related expenses associated with any training paid for from the fund; and (2) training of one or more designees of a county elected official if sufficient funds are appropriated by the county fiscal body. Provides that money in the county elected officials training fund may be used for the newly elected official training course expenses. Provides that the failure of an individual to complete the required training does not prevent the individual from taking an office to which the individual was elected. Provides that an individual elected to certain county offices must take a newly elected official training course before the individual first takes office. Provides that the newly elected official training course counts toward the individual's other elected official training requirements. Requires the clerk and fiscal officer of all cities and towns to complete at least: (1) 14 hours of training courses within one year; and (2) 36 hours of training courses within three years. Provides that a training course that an individual completes after being elected or appointed as clerk or fiscal officer of a city or town and before the individual begins serving in office applies toward the training requirements. Requires all city and town clerks and fiscal officers to fulfill the training requirements for each term the clerk or fiscal officer serves in office. Provides, in the case of a city or town that reorganizes, that the individual who performs the functions of clerk or fiscal officer for the reorganizing city or town shall comply with the training requirements for the reorganized political subdivision. Provides that a redevelopment commission may issue bonds or enter into leases with a term of up to 35 years to finance a project that includes, as part of the project, the use and repurposing of two or more buildings and structures that are: (1) at least 75 years old; and (2) located at a site at which manufacturing previously occurred over a period of at least 75 years. Specifies that in the case of an allocation area for such a project, the expiration date of the allocation provision may not be more than 35 years after the date on which the allocation provision is established. Provides that a redevelopment commission or other entity that creates a tax increment financing area shall file the resolution and supporting documents that create the tax increment financing area with both the county auditor in which the tax increment financing area is located and the DLGF within 30 days after the redevelopment commission or other entity takes final action on the resolution. Provides that if a redevelopment commission or other entity that creates a tax increment financing area files the resolution and supporting documents with either the county auditor and the DLGF after the first anniversary of the effective date of the tax increment financing area, the county auditor shall compute the base assessed value of the tax increment financing area using the assessment date immediately preceding the later of the date on which the documents were filed with the county auditor or the date on which the documents were filed with the DLGF. Extends a pilot program in Lake County concerning disposal of certain real property. Removes the appointment of members to the Fort Harrison reuse authority by the Indianapolis mayor and by Marion County. Provides that a city or town may contract for fire protection services and requires that a contract for fire protection services be in writing and for a fixed term. Voids an annexation remonstrance waiver (waiver) executed before July 1, 2003. Voids a waiver executed after June 30, 2003, and before July 1, 2019, unless the waiver was recorded in the county where the property is located before January 1, 2020. Voids a waiver executed after June 30, 2019, unless the waiver was recorded in the county where the property is located within 30 business days after the date the waiver was executed. Provides that a waiver executed after June 30, 2003, that was properly recorded expires 15 years after the date the waiver was executed. Provides that waivers voided under the bill do not invalidate annexations that were effective before July 1, 2019. Urges the legislative council to assign to an appropriate interim study committee, for study during the 2019 interim of the general assembly, the topic of local income taxes, including revenue allocations and uses. Urges the study of the advisability of eliminating the mortgage property tax deduction and the advisability of increasing the homestead standard deduction. Urges the study of automatic enrollment of employees in a political subdivision's deferred compensation plan. Urges the study of allowing municipalities to make deposits of a certain amount to a vendor or service provider for certain transactions. Makes technical conforming changes.
Workforce diploma reimbursement program. Provides that the governor's workforce cabinet (cabinet), in coordination with the department of workforce development (department), shall administer the program. Provides that the purpose of the fund is to provide payments to eligible program providers that assist adults who are more than 22 years of age in: (1) developing employability and career technical skills; and (2) obtaining high school diplomas. Provides that: (1) the cabinet shall approve eligible program providers to participate in the program; and (2) the department shall publish a list of approved eligible program providers and other information concerning the program on the department's Internet web site. Requires the cabinet to include in the report the cabinet submits concerning workforce related programs the cabinet's review, analysis, and evaluation of the program, including the cabinet's and department's activities related to the development of the program.
Office based opioid treatment providers. Specifies requirements that a health care provider that prescribes for a patient in an office based opioid treatment setting must meet in the treatment of the patient. Requires the medical licensing board of Indiana, in consultation with the state department of health and the office of the secretary of family and social services, to adopt rules or protocols concerning office based opioid treatment providers and: (1) treatment agreements; (2) periodic scheduled patient visits; (3) urine toxicology screenings; (4) HIV, hepatitis B, and hepatitis C testing; and (5) the medical record documentation required for the prescribing of buprenorphine over a specified dosage.
Annexation. Provides that property added to a fire protection district (district) is considered part of the district as of the date that the district was originally established. Provides that provisions of the existing law regarding the following apply to districts established after July 1, 1987 (instead of after June 14, 1987): (1) The effective date of an annexation of property within a district and the date that an annexed area ceases to be a part of the district. (2) A municipality's liability for indebtedness of a district that is annexed. Provides that if property is annexed within a fire district (including a district established after July 1, 1987) that has a total net assessed value of more than $1,000,000,000 on the date the annexation ordinance is adopted, the annexed property: (1) remains a part of the district after the annexation; (2) continues to receive its fire protection services from the district; and (3) shall not be taxed by the municipality for fire protection services. Provides that a special fire fund shall be created for all fire protection services provided by the municipality to property within the boundaries of the municipality that is not within the district.
School corporations. Provides that before September 15 of any year, a governing body may pass a one year resolution indicating that a portion or percentage of money transferred from the operations fund to the education fund may be considered education fund revenue for purposes of determining whether a teacher collective bargaining agreement would place the employer in a position of deficit financing. Makes a technical amendment. Provides that a school corporation shall submit a copy of the resolution to the department of local government finance on or before November 1. Provides that the resolution shall include: (1) all transfers between the operations fund and the education fund; and (2) a statement regarding whether or not the transfer is for the purpose of funding teacher contracts.
Education matters. Requires each teacher preparation program to report the following to the department of education (department): (1) The number of teacher candidates in each content area who complete the teacher education program during the year, disaggregated by ranges of cumulative grade point average. (2) The number of teacher candidates in each content area who, during the year: (A) do not pass a content area licensure examination; and (B) do not retake the content area licensure examination. (This is in addition to other information each teacher preparation program is required to report under current law.) Provides that a teacher preparation program must provide underlying data, as determined by the department, used as part of calculating the teacher preparation program's retention rates. Requires the department to: (1) annually prepare a report that includes certain information regarding teachers licensed in Indiana; (2) submit, before October 1 each year, the report to the legislative council and the interim study committee on education; and (3) post the report on the department's Internet web site.
Various tax matters. Provides that the department of state revenue (department) may deny an application for a registered retail merchant's certificate in certain circumstances. Specifies the requirements necessary for a taxpayer to discontinue filing a combined income tax return. Requires a partnership, or an estate or trust, to file certain information returns electronically. Amends motor carrier fuel tax provisions retroactively to July 1, 2018, to specify the rates that apply to the imposition of the tax. Requires a taxpayer to retain books and records during the period of a judicial proceeding or appeal that extends beyond the three year retention period under current law. Requires a sheriff that collects a judgment on a tax warrant to notify the department of the name of the taxpayer and the amount of the payment within seven days of receipt of the payment. Allows the department to waive or toll tax penalties and interest imposed on a taxpayer who is or has been incarcerated for a period of at least 180 days. Provides that if the department does not: (1) issue a timely demand notice; (2) file a timely tax warrant; or (3) renew tax warrants; the tax liability is extinguished. Provides that the department may release tax withholding or other tax information statements to certain individuals. Provides that the department may domesticate a valid tax warrant in one or more other states or countries, or in the political subunits of other states or countries. Provides that a judgment on a tax warrant must be filed in at least one Indiana county not later than 10 years after the first date on which a demand notice could be issued. Provides that if a judgment on a tax warrant is entered in at least one Indiana county, the department may file an additional tax warrant in one or more Indiana counties during the period in which one or more tax warrants are valid. Updates the income tax reference to the Internal Revenue Code (IRC) in effect on January 1, 2019. Revises provisions concerning income under Section 118, Section 163, and Section 965 of the IRC. Clarifies the treatment of a loss for a taxable year disallowed because of Section 461(l) of the IRC in determining an Indiana net operating loss deduction. Modifies the adjustment to Indiana adjusted gross income for certain property involved in a like-kind exchange for which a taxpayer claims a federal deduction under Section 179 of the IRC. Modifies, for purposes of determining Indiana adjusted gross income, an amount treated as bonus depreciation under IRC Section 168(k) for certain property involved in a like-kind exchange. Changes the order in which the department is required to apply a taxpayer's partial payment to the taxpayer's tax liability, penalties, and interest. Provides that the revised ordering of payments applies to taxable periods beginning after December 31, 2019. Specifies the taxable years to which the adjusted gross income tax changes and the financial institutions tax changes apply. Provides that the heavy equipment rental excise tax is imposed upon the rental of heavy rental equipment from a retail merchant in Indiana and received from the retail merchant in Indiana. Requires a retail merchant to collect and remit the heavy equipment rental excise tax. Provides that in the event of a misclassification, a person shall receive a credit for any property tax paid on the rental of heavy equipment for a calendar year against any excise tax owed on the equipment in the same calendar year and for any excise tax paid on the equipment for a calendar year against any property tax owed on the equipment in the same calendar year. Requires the department, beginning January 1, 2021, to establish an annual tax rate for the utility receipts tax and the utility services use tax by determining a tax rate that would maintain tax revenue at the state fiscal year 2018 amount. Removes the provision in current law that requires a claim for a unified tax credit for the elderly to be filed within six months following the close of the claimant's taxable year or within the extension period if an extension of time for filing the return has been granted, whichever is later.
Academic credits for religious instruction. Provides that a public secondary school student may receive not more than two elective academic credits for released time religious instruction classes if certain conditions are met.
Nonconsensual pornography. Defines "intimate image" and provides that a person who: (1) knows that an individual does not consent to the distribution of an intimate image of the individual; and (2) distributes the intimate image on the Internet; commits internet distribution of an intimate image, a Class A misdemeanor. Increases the penalty to a Level 6 felony for a second or subsequent offense.
Licensed professionals and child service agencies. Provides for the behavioral health and human services licensing board to issue a temporary permit to practice bachelor's degree social work to an individual who meets the educational requirements for a license as a bachelor's degree social worker. Exempts from licensure individuals who have completed a bachelor's degree in social work and are employed in a position for which the department of child services (department) has specified that other individuals with a bachelor's degree in certain other fields of study do not need to be licensed. Requires the department to prepare and submit to the general assembly a report: (1) concerning the department's progress in collaborating with providers that are subject to audits; and (2) that includes a plan for streamlining the auditing process for accredited and non-accredited providers. Requires the department to implement the streamlined auditing plan not later than July 1, 2020.
Charity gaming. Allows the Indiana gaming commission (commission) to issue annual casino night licenses to certain bona fide civic organizations. Limits the number of bona fide civic organizations that may hold an annual casino night license to one in each county and establishes criteria for the commission to apply in awarding a license. Removes requirements that certain operators be a resident of Indiana. Provides requirements for an operator of a qualified organization. Specifies that a license is valid for two years.
Broadband development. Establishes the rural broadband fund for the purpose of awarding grants: (1) before August 1, 2019, under the existing statute governing grants for qualified broadband projects for unserved areas in Indiana; and (2) after July 31, 2019, under new procedures governing grants for eligible broadband projects for rural areas in Indiana. Requires the office of community and rural affairs (office) to establish procedures for the awarding of grants from the fund after July 31, 2019, by state agencies to eligible broadband service providers for eligible broadband projects in rural areas of Indiana. Provides that the procedures established by the office must establish specified priorities for the awarding of grants, based on the available Internet speeds in a particular area. Provides that the procedures established by the office may not permit the awarding of a grant from the fund for any proposed broadband project in an area in which eligible broadband service is available. Provides that the procedures established by the office may not permit the office to award a grant from the fund for any project in a rural area for which funding has been allocated from certain federal funding programs. Provides that the procedures established by the office must establish a system of priorities for awarding grants, weighted as determined by the office in guidelines adopted by the office, that gives preference to eligible broadband projects that meet certain specified criteria. Requires an eligible broadband service provider awarded a grant to sign with the office a grant agreement that: (1) outlines a start date and an end date for completion of the project; and (2) conditions the release of any grant funds on the progressive completion of the project. Beginning in 2020, requires the office to submit to the general assembly an annual report on the awarding of grants under these procedures during the most recent state fiscal year. Provides that every three years, beginning in 2021, the state board of accounts shall conduct an audit of the awarding of grants from the fund during the most recent three state fiscal years. Provides that a communications service provider that holds a certificate of territorial authority shall be designated as a public utility solely as that term is used in federal law that allows a state to exempt a public utility from the federal law's requirement that the state must charge fair market value for the use of real property acquired by the state using federal transportation funding. Provides that the department of transportation (INDOT) may not charge an access rate or any other recurring charge or recurring fee for communications infrastructure that is located before May 1, 2019, in any rights-of-way that are owned or controlled by INDOT. Specifies that INDOT may charge routine right-of-way permit fees to enter INDOT's rights-of-way for the maintenance of existing facilities. Provides that the department may create a broadband corridor program to manage communications infrastructure along or within limited access highway rights-of-way. Specifies that for purposes of the broadband corridor program, "communications infrastructure" does not include privately owned vertical structures used primarily for providing wireless communications service. Provides that: (1) INDOT may not unreasonably discriminate among entities requesting access to broadband corridors or other INDOT controlled rights-of-way; and (2) the bill's provisions prohibiting INDOT from discriminating among such entities do not abrogate or limit INDOT's statutory authority to safely and efficiently manage and operate the state highway system and associated highway rights-of-way. Provides that, before July 1, 2020, INDOT shall adopt rules to provide that, as used throughout the department's administrative code regarding utility facility relocation for purposes of construction contracts, "utility" has the meaning set forth in federal law concerning utility relocations, adjustments, and reimbursement.
State board of accounts. Makes various changes to statutes concerning the state board of accounts (board). Provides that an examination of an entity shall be limited to matters relevant to the use of public money received by the entity. Relocates language addressing examinations of certain not-for-profit corporations. Provides that an examination of a not-for-profit corporation that derives at least 50% but less than $750,000 (rather than $200,000, under current law) of its disbursements from appropriations, public funds, taxes, and other sources of public expense shall be limited to matters relevant to the use of the public money received by the entity. Provides that an individual may confidentially report suspected malfeasance, misfeasance, or nonfeasance that involves an individual who has responsibility for administering public funds on behalf of an entity. Expands the list of individuals to whom the board may disclose examination workpapers and investigation records. Makes changes to the procedure governing the payment of delinquent property taxes and specifies how delinquent property tax payments are to be applied. Eliminates a requirement that the county auditor transmit a monthly financial report to the board. Authorizes a county fiscal body to establish a salary schedule that includes greater compensation for the presiding officer or secretary of the county fiscal body or county executive if certain conditions are satisfied. Defines "compensation" for purposes of statutes concerning compensation paid to elected county, city, town, and township officials (local elected officials). Provides that certain information must be included in an ordinance establishing compensation for local elected officials. Makes corresponding changes. Renames the board trust and agency fund the examinations fund. Annually appropriates money in the fund for the payment of the board's expenses for examinations. Provides that money in the fund does not revert to the state general fund. Requires that the board certify the expense incurred for an examination as needed.
Machine guns. Defines "machine gun". Provides that a person may not sell, give, or in any other manner transfer ownership or possession of a machine gun to any person under 18 years of age. Provides that a person who knowingly or intentionally sells, provides, or in any other manner transfers ownership or possession of a machine gun to a person under 18 years of age commits a: (1) Level 5 felony; (2) Level 4 felony if the person has a prior conviction for the offense; or (3) Level 3 felony if a person under 18 years of age uses the machine gun to commit murder. Makes conforming amendments and a technical correction.
Drug dealing. Adds an item to the existing list of enhancing circumstances for offenses relating to controlled substances. Provides that an enhancing circumstance means that the person knowingly committed the offense in, on, or within 100 feet of a drug treatment facility.
Traffic crimes. Provides that an operator of a motor vehicle who: (1) operates a motor vehicle after the operator's driving privileges have been suspended or revoked; and (2) causes an accident that results in injury or death to another person; commits a separate offense for each person injured or killed as a result of an accident caused by the operator. Provides that an operator of a motor vehicle who leaves the scene of an accident that: (1) was caused by the operator; and (2) involves injury to another person; commits a separate offense for each person injured by an accident caused by the operator. Provides that leaving the scene of an accident involving moderate bodily injury is a Level 6 felony. Makes the penalty for leaving the scene of an accident involving the death or catastrophic injury of another person a Level 4 felony. Increases the penalty for causing serious bodily injury when operating a motor vehicle while intoxicated from a Level 6 felony to a Level 5 felony. Enhances the penalty for the offense to a Level 4 felony if the person has a previous conviction for the offense. Makes the penalty for causing the death or catastrophic injury of another person when operating a motor vehicle while intoxicated a Level 4 felony in certain instances. Provides that an operator of a motor vehicle who: (1) is a habitual traffic violator; and (2) causes an accident that results in the injury or death of another person; commits a separate offense for each person injured or killed as a result of an accident caused by the operator. Allows multiple sentences for the offense to be served consecutively in certain instances. Provides that the operator of a motor vehicle who: (1) flees from a law enforcement officer; and (2) causes an accident resulting in bodily injury, serious bodily injury, catastrophic injury, or death of another person; commits a separate offense for each person injured or killed as a result of the operator's vehicular flight from police. Allows multiple sentences for the offense to be served consecutively in certain instances. Defines "catastrophic injury" and increases the penalty for certain offenses involving catastrophic injuries. Specifies that "metabolites" refers to metabolites in a person's blood. Makes conforming amendments.
Veterans affairs. Requires the office of judicial administration with the United States Department of Veterans Affairs to identify and address the needs of veterans in the court system.
Economic development. Provides that the Indiana economic development corporation (IEDC) may renew an enterprise zone that is established in an inactive or closed military base (enterprise zone) for not more than 10 years subject to certain criteria. Provides that a reuse authority, following the expiration of an enterprise zone over which the reuse authority had jurisdiction, may, subject to the approval of the IEDC, certify a business that is located within the boundaries of the enterprise zone for a tax credit, deduction, or exemption that could have been available to the business had the enterprise zone not expired. Provides that a business that is certified by a reuse authority to receive a tax credit, deduction, or exemption must assist the reuse authority in an amount determined by the reuse authority. Provides that a zone business that received a tax credit, deduction, or exemption in an enterprise zone before the phase out of the enterprise zone and claims the tax credit, deduction, or exemption after the phase out must pay to the reuse authority the same fee or amount that the zone business would have paid to the urban enterprise association before the expiration of the enterprise zone. Provides that the IEDC shall make a determination on grants from the twenty-first century research and technology fund (fund) to a district board established in Lafayette or Fort Wayne by September 1 if a district board established in Lafayette or Fort Wayne applies for a grant.
Criminal matters. Provides that a person commits interfering with law enforcement, a Class B misdemeanor, if, after being denied entry by a law enforcement officer, the person enters an area that is marked off with barrier tape or other physical barriers. Provides a defense if the person enters the prohibited area due to a reasonable belief that certain family members were injured or were at risk of injury. Increases the penalty if the person uses a vehicle, draws or uses a deadly weapon, or causes injury or death to another person. Provides that resisting or interfering with law enforcement is enhanced to a Level 6 felony if the person uses a vehicle to commit the offense. (Under current law, the felony enhancement to resisting law enforcement applies only if the person flees from law enforcement using a vehicle.)
Voiding and releasing claims in land interests. Adds a provision to the statute concerning marketable title for real property to provide that, after a person has filed a claim for an interest in land, the claim is void if: (1) the owner of the property subject to the claim (or any person having an interest in the property) provides written notice to the claimant to file an action to enforce the claim; and (2) the claimant fails to file, within 30 days after receiving the notice to enforce the claim, an action to enforce the claim in the county where the property is located. Provides that upon the claimant's failure to file an action to enforce the claim within the 30 day period, the person who provided the notice to the claimant may file with the recorder of the county where the property is located an affidavit stating that the person has served notice on the claimant to enforce the claim and that no action for enforcement of the claim is pending. Requires the county recorder to record the affidavit of service. Requires that an affidavit of service must also include a reference to the recording information for the recorded notice of claim. Requires that, when the county recorder records the affidavit of service, the recorder must include a reference to the recorded notice of claim in the record book. Allows a county recorder to certify certain records by cross reference to the records, rather than on the records themselves.
Telecoil and beacon positioning systems. Requires the fire prevention and buildings safety commission (commission) to adopt rules requiring that a person performing new construction or any major alteration of an existing public address system in a Class 1 structure located in a first or second class city after June 30, 2020, must consider the installation of an audio frequency induction loop system (AFIL) and a beacon positioning system. Requires that the person performing new construction or any major alteration of an existing facility's public address system to solicit at least one bid for the installation of an AFIL and at least one bid for the installation of a beacon positioning system. Requires the commission to: (1) adopt standards of the American National Standards Institute (ANSI) and International Electrotechnical Commission (IEC) for installation, maintenance, and performance of audio frequency induction loop systems; and (2) develop standards for installation and maintenance of beacon positioning systems. Requires audiologists, individuals who hold a hearing aid dealer certificate of registration, and individuals who fit or dispense hearing aids while under the supervision and direction of an individual who holds a hearing aid dealer certificate of registration to provide information about telecoil and AFILs when fitting and dispensing hearing aids.
Traffic amnesty program. Establishes a temporary traffic amnesty program to permit certain persons owing unpaid traffic fines, or who may be required to pay a fee for reinstatement of driving privileges, to obtain a reduction in the amount owed or amount payable. Specifies that a person seeking a reduction in fees owed is not required to pay a court filing fee. Provides that as part of the traffic amnesty program a person must: (1) pay the driving privileges reinstatement fee to the bureau of motor vehicles (bureau); (2) provide proof of financial responsibility to the court; and (3) not be ineligible to have the person's driving privileges reinstated. Provides that the court must transmit a copy of its order to the bureau in a manner prescribed by the bureau. Specifies that a petition for traffic amnesty is not an admission of guilt, and requires a court to include in its order granting amnesty that the order is not a conviction, finding of guilt, or finding of liability. Makes a technical correction.
Criminal law issues. Allows certain individuals who commit an offense in a penal facility to be sentenced to the department of correction. Urges the legislative council to assign an appropriate study committee to study the topic of the implementation of HEA 1006-2014.
Notice and hearings on child relocation. Changes certain procedures governing the relocation of a child in cases in which custody orders are issued following a determination of paternity and in cases heard under statutes governing custody and visitation. Requires parties to share certain contact information unless a court finds that disclosure of the information creates a significant risk of substantial harm to an individual otherwise required to disclose the information or to the child. Requires a relocating individual to serve a notice of intent to move on interested parties under the Indiana Rules of Trial Procedure. Specifies circumstances in which
Regulation of hemp. Establishes the Indiana hemp advisory committee (committee) to provide advice to the office of the state seed commissioner (commissioner) regarding Indiana's hemp laws. Sunsets the committee on July 1, 2021. Prohibits the commissioner from regulating a hemp product. Changes references from "industrial hemp" to "hemp" and amends the definition of hemp. Adds a definition of "hemp product". Allows for aerial inspection of hemp crops. Removes the limitation on the number of inspections that the state police department may conduct on a licensed hemp operation. Allows the commissioner to perform a criminal background check of an applicant for
Construction managers as constructors. Repeals a provision in the construction manager as constructor statute that establishes a time period for public agencies (other than state educational institutions) to use the construction manager as constructor statute. Provides that for purposes of the construction manager as constructor statute, the term "public agency" includes a public library and the health and hospital corporation.
Administrative law judges. Establishes the office of administrative law proceedings (office) within the state personnel department to hear certain administrative proceedings that result in a finding of fact determining the legal rights, duties, or privileges of a party after an opportunity for an evidentiary hearing. Specifies the administrative proceedings over which the office has jurisdiction. Provides a list of agencies over whose administrative proceedings the administrative law judges from the office do not preside. Provides that the office shall have a director who is responsible for administering the office, hiring administrative law judges, and assigning administrative law judges to administrative proceedings. Makes conforming amendments.
Theft by public servants. Specifies that in the case of a public servant who criminally exerts unauthorized control over public funds of the public servant's employer, the employer may be reimbursed from the public servant's public pension fund contributions and benefits. Provides that the employer may withhold payment of the public servant's contributions and interest during the pendency of the criminal case, but may not withhold the: (1) monthly pension portion of a retired public servant; or (2) disability benefits of a public servant who becomes disabled; during that time. Provides that assets of the judges' retirement system and the prosecuting attorneys retirement fund are exempt from levy, sale, garnishment, attachment, or other legal process. (Current law provides similar exemptions for certain funds administered by the Indiana public retirement system.)
Department of child services. Provides that an older youth who received foster care is eligible to receive collaborative care services until the individual becomes 21 years of age. Provides that the caseload of a family case manager may not be more than: (1) 12 active cases relating to initial assessments; (2) 12 families in active cases relating to ongoing in-home services; or (3) 13 children in active cases relating to ongoing services who are in out-of-home placements. Requires the department of child services (department) to initiate an assessment immediately, but not later than two hours (rather than one hour, under current law), after receiving a report of child abuse or neglect if the department believes the child is in immediate danger of serious bodily harm. Requires the department to provide a report concerning an assessment or investigation of a report of suspected child abuse or neglect not later than 45 days after the department initiates the assessment if the report of suspected child abuse or neglect was received from certain entities. Provides that a child is a child in need of services if the child's parent, guardian, or custodian has failed to supply the child with necessary food, clothing, shelter, medical care, education, or supervision: (1) when the parent, guardian, or custodian is financially able to do so; or (2) due to the failure, refusal, or inability of the parent, guardian, or custodian to seek financial or other reasonable means to do so. (Current code does not consider financial ability.)
Agricultural matters. Provides that a county, city, town, or township may not adopt or continue in effect any ordinance, rule, regulation, or resolution prohibiting the establishment or maintenance of beekeeping on property that the person owns, rents, or leases. Specifies that a county, city, town, or township may adopt an ordinance, rule, regulation, or resolution that regulates certain aspects of beekeeping.
Funding for child welfare programming. Provides that the department of child services (department) may collaborate with other entities to implement or participate in programs designed to connect the department and local offices with supportive local community organizations that may provide assistance in meeting the needs of children and families in crisis. Requires the department to report, before September 30 of each year until June 30, 2024, to the legislative council information concerning the implementation and participation in the programs.
Electric bicycles. Defines the term "electric bicycle" as a bicycle equipped with: (1) operable pedals; and (2) an electric motor with a power output not greater than 750 watts. Provides that an electric bicycle is not a motor vehicle. Provides that the operator of an electric bicycle is: (1) subject to all of the duties; and (2) entitled to all of the rights and privileges; of a bicycle operator. Provides that an electric bicycle shall be regulated as a bicycle. Provides certain exceptions. Exempts the operator of an electric bicycle from motor vehicle statutes concerning: (1) driver's licenses; and (2) financial responsibility. Exempts electric bicycles from motor vehicle statutes concerning: (1) certificates of title; (2) registration; and (3) off-road vehicles. Requires manufacturers and distributors of electric bicycles to affix and prominently display a label with the following information on each electric bicycle: (1) The class level of the electric bicycle. (2) The top assisted speed of the electric bicycle. (3) The total power output of the electric bicycle's electric motor. Requires all electric bicycles to comply with certain requirements adopted by the United States Consumer Product Safety Commission. Requires all electric bicycles to be equipped with an electric motor that disengages or ceases to function when the operator: (1) stops pedaling; or (2) applies brakes. Specifies where electric bicycles may be operated. Allows a local authority or state agency with jurisdiction over a trail, bicycle path, or multipurpose path to regulate the use of electric bicycles on a trail, bicycle path, or multipurpose path subject to the local authority's or state agency's jurisdiction. Prohibits a person less than 15 years of age from operating certain electric bicycles. Allows a person less than 15 years of age to ride as a passenger on certain electric bicycles. Requires a properly fitted and fastened helmet capable of meeting certain safety standards to be worn by certain individuals when operating or riding on certain electric bicycles. Requires the operator of a motor vehicle to provide at least 3 feet of clearance when passing or overtaking an electric bicycle in certain instances. Defines certain terms. Makes conforming amendments.
School safety. Provides that the Indiana safe schools fund may not be used to provide grants to employ a school resource officer or a law enforcement officer. Provides that an Indiana secured school fund matching grant may be used to employ a law enforcement officer. Provides that an accredited nonpublic school may receive a grant from the Indiana secured school fund (fund). Makes changes to the maximum grant amounts that a school corporation, charter school, accredited nonpublic school, or coalition of schools may receive from the fund. Provides that a virtual charter school or a virtual accredited nonpublic school may not receive a grant from the fund. Establishes minimum grant match percentages necessary to be eligible to receive a grant from the fund. Provides that, before July 1, 2021, each school corporation, charter school, or accredited nonpublic school shall certify to the department of homeland security that the school corporation, charter school, or accredited nonpublic school has conducted a threat assessment for each school building used by the school corporation, charter school, or accredited nonpublic school before applying for a fund matching grant. Requires that at least one of the manmade disaster drills that is required to be conducted by each school in a school corporation during each semester must be an active shooter drill and must be conducted within 90 days after the beginning of the school year. Provides that each: (1) accredited nonpublic school; and (2) charter school; must conduct at least one active shooter drill during each school year.
Claims concerning user fees. Defines the term "user fee" as a fee, rate, or charge imposed by a political subdivision: (1) that represents a just, reasonable, and proportionate approximation of the use or privilege for use of a service, the benefit conferred by the use or privilege for use of a service, and the costs incurred by a political subdivision for providing the service or availability of the service; and (2) that is not excessive in relation to the costs incurred for providing the service. Provides that, in a taxpayer's appeal of a property tax assessment, a taxpayer may not raise any claim related to the legality or constitutionality of: (1) a user fee; (2) any other charge, fee, or rate imposed by a political subdivision; or (3) any tax imposed by a political subdivision other than a property tax. Provides that: (1) all circuit courts; (2) all standard superior courts; and (3) all superior courts that are not standard superior courts; have original and concurrent jurisdiction over claims concerning user fees. Makes a technical correction.
Survivor benefits. Provides that a surviving spouse or a surviving dependent of a member of the public employees' retirement fund (PERF) or the Indiana state teachers' retirement fund (TRF) who dies after June 30, 2018, and before the member retires from PERF or TRF is entitled to a survivor benefit, regardless of whether the member dies in service in a position covered by PERF or TRF or out of service, if: (1) the member has at least 10 years of creditable service; and (2) the surviving spouse or surviving dependent otherwise qualifies for the benefit. Makes conforming changes. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)
Performance and payment bonds. Provides that for public-private BOT agreements, public-private agreements for toll road projects, and public-private partnership agreements for transportation projects entered into after June 30, 2019, a performance bond must be for not less than 50% of the cost to design and construct the project and a payment bond must be for not less than 100% of the cost to design and construct the project.
Sewer and water connections. Provides that a unit may not prohibit a property owner from installing a sewer line or other sewage works: (1) in or through a public right-of-way owned or controlled by the unit; and (2) for the purpose of connecting the owner's property to a sewer system owned or operated by another unit or entity; if the owner provides to the unit a written determination from a specified authority that the owner's existing sewage disposal system is failing, and if certain other conditions are met. Provides that in the case of a connection to a sewer system made under these provisions, a municipality (or a board of sanitary commissioners for the department of sanitation in certain municipalities) that owns or operates the sewer system to which the connection is made may waive the requirement that the property owner must release the property owner's right to remonstrate against pending or future annexations of the property owner's property by the municipality. Provides that a unit may not prohibit a property owner from installing a water service line or other water utility service infrastructure: (1) in or through a public right-of-way owned or controlled by the unit; and (2) for the purpose of connecting the owner's property to a waterworks owned or operated by a water utility other than a water utility owned or operated by the unit; if the property owner's property is served by a private water well, and if certain other conditions are met.
Monetary awards for exonerated prisoners. Defines "actually innocent" and specifies that a person whose conviction has been vacated and is actually innocent is entitled to compensation in the amount of $50,000 for each year that the person was wrongfully incarcerated in the department of correction or a county jail, subject to certain conditions. Establishes the exoneration fund (fund). Specifies that the criminal justice institute shall administer the fund and receive and process claims for compensation from the fund. Establishes a statute of limitations. Specifies fund eligibility requirements. Provides that a person's: (1) eligibility for; or (2) receipt of; proceeds from the exoneration fund does not prevent the person from applying for, enrolling in, or receiving the benefit of certain treatments, programs, or services if the person is otherwise eligible to receive the desired treatment or participate in the desired program or service. Provides that a person is not entitled to compensation in connection with the wrongful conviction: (1) if the person has previously received an award of damages in connection with the conviction; (2) while the person has a pending case; or (3) if the person does not execute a waiver. Specifies that the criminal justice institute may pay compensation only to the wrongfully incarcerated individual or to a guardian on behalf of the individual, and not to: (1) an estate; (2) a fiduciary; (3) a trust; or (4) an assignee; of the individual. Specifies that compensation from the fund is paid in equal sums over a five year period. Allows a person to appeal an adverse fund eligibility determination.
Unauthorized adoption advertising. Provides that the unauthorized adoption advertising statute does not apply to an Indiana resident seeking to adopt a child on the resident's own behalf. Removes a provision that requires an attorney licensed to practice in Indiana and a child placing agency licensed under the laws of Indiana to include certain information in an advertisement regarding adoption. Makes conforming amendments.
Business services of the secretary of state. Amends the law concerning the business practices of the secretary of state, including: (1) access to information maintained by the secretary of state; (2) use of electronic information and transmissions; (3) striking the current Uniform Commercial Code (UCC) financing statement form; adding use of a format that meets certain criteria for the filings; and amending the UCC fees; (4) adding to the requirement to include a notary public's Indiana county on an authentication certificate; (5) amending requirements concerning notary public examination and education; (6) prohibiting performance of a notarial act: (a) to benefit oneself or one's spouse; or (b) when a commission is suspended or revoked; (7) specifying a notarial act fee applies; (8) providing for issuance of a certificate of fact for a notary public per signature; (9) requiring maintenance of a remote notary public electronic journal for 10 years; and (10) providing for nonresident corporate service of process on the secretary of state. Repeals current law concerning excavation contractor filings and precontracting documentation of compliance with underground facility damage law. Requires the formatting of certain documents to be approved by the International Association of Commercial Administrators or the secretary of state. Specifies October 1, 2019, as the date for a fee increase concerning the indexing of certain documents. Makes the law concerning remote notarial acts applicable only to a remote notarial act performed after the earlier of the effective date of certain administrative rules or July 1, 2020. Increases the fee that a notary public may charge for a remote notarial act from $15 to $25. Provides that, for certain filings, the provision of an electronic mail address is discretionary. Makes a technical amendment and conforming changes.
Student mental health. Adds additional purposes for which matching grants made under the Indiana secured school fund (fund) may be used. Amends the uses relating to school security for which the fund may be used. Establishes the student and parent support services grant program. Urges the legislative council to assign to an appropriate interim study committee the task of studying school districts, within and outside of Indiana, that have: (1) implemented trauma informed approaches in the school districts; and (2) worked with community partners to provide systems of care for students.
Comprehensive addiction recovery centers. Establishes certification and a grant program for comprehensive addiction recovery centers to be administered by the division of mental health and addiction (division). Sets forth requirements for certification and a grant. Requires entities that are awarded a grant to report specified data to the division. Establishes the comprehensive addiction recovery center fund.
School bus safety. Requires a school bus to be equipped with black reflective tape mounted on certain areas of the school bus. Provides that if a school bus is in operation and transporting passengers, the driver of the school bus shall have the daytime running lights illuminated at all times. Provides, in the case of an individual who commits a school bus stop arm infraction, that the court may suspend the individual's driving privileges: (1) for 90 days; or (2) if the individual has committed at least one previous school bus stop arm infraction, for one year. Increases the penalty, from a Class B misdemeanor to a Class A misdemeanor, for an individual who recklessly passes a school bus when its stop arm is extended on a roadway or a private road. Increases the penalty, from a Class A misdemeanor to a Level 6 felony for an individual who recklessly passes a school bus when its stop arm is extended if the action results in injury, and to a Level 5 felony for an individual who recklessly passes a school bus when its stop arm is extended if the action results in death. Provides that the court may suspend the driving privileges of a person who recklessly passes a school bus when its stop arm is extended: (1) for 90 days; or (2) if the person has committed at least one previous school bus arm offense, for one year. Provides that a person who has the person's license suspended may not obtain specialized driving privileges. Requires a school bus driver to: (1) use an arm signal device, which must be extended while the bus is stopped, whenever a school bus is stopped on a roadway or a private road to load or unload a student; and (2) use flashing lights to give adequate warning that the school bus is stopped or about to stop on the roadway or the private road to load or unload a student. Provides that on or before September 1, 2019, and each September 1 thereafter, each school corporation, charter school, or accredited nonpublic school that provides transportation for students must review each school's school bus routes and school bus safety policies to improve the safety of students and adults. Provides that the state school bus committee, in consultation with the department of education (department), shall develop and post on the department's Internet web site school bus safety guidelines or best practices. Provides that the department, in consultation with the department of transportation, shall include on the department's Internet web site information on how an individual or school may petition to reduce maximum speed limits in areas necessary to ensure that students are safely loaded onto or unloaded from a school bus. Provides that, with certain exceptions, when a school bus is operated on a: (1) U.S. route or state route, the driver may not load or unload a student at a location that requires the student to cross a roadway unless no other safe alternatives are available; and (2) street or highway other than a U.S. route or state route, the driver shall load and unload a student as close to the right-hand curb or edge of the roadway as practicable. Provides that, if a school bus driver must load or unload an elementary school student at a location on a U.S. or state route, the superintendent or superintendent's designee must present the school bus route to the school board for approval. Adds school bus safety to the topics required to be on an examination for a learner's permit or driver's license. Provides that the governing body of a school corporation may allow, in certain situations, the use of a school bus or special purpose bus for the transportation of adults with physical or intellectual disabilities. Provides that the governing body of a school corporation may allow, by written authorization, the use of a school bus owned in whole or in part by the school corporation for the transportation needs of a nonprofit organization exempt from certain provisions related to federal taxation under the Internal Revenue Code. Expands the list of purposes for which a school corporation may use a special purpose bus to provide transportation and makes a corresponding change to the requirements for an operator of a special purpose bus. Provides that the court may assess a safe schools fee, of at least $200 but not more than $1,000, to an individual convicted of recklessly passing a school bus when the stop arm is extended. Provides that 25% of the safe schools fees collected by a circuit court shall be deposited in the county general fund. Provides that 25% of the safe schools fees collected by a city or town court shall be deposited in the city's or town's general fund. Provides that a school corporation, charter school, or nonpublic school (collectively, referred to "qualified school district") with at least one employee may purchase, install, and operate school bus stop arm cameras. Provides that if a qualified school district purchases or uses certain school bus equipment, the qualified school district may petition the county council or township board (in a county containing a consolidated city) to receive reimbursement to pay for in full certain school bus equipment.
Porter County election board. Establishes a board of elections and registration for Porter County. Provides that Porter County is a county that counts absentee ballots at a central location. Provides that an appointed member of a county election board or a board of elections and registration may not be a relative of any individual that has the authority to appoint a member of the board.
Department of homeland security. Provides that the fire prevention and building safety commission will adopt rules for regulated boiler and pressure vessels. (Current law provides that the boiler and pressure vessel rules board adopts rules for regulated boiler and pressure vessels.) Provides that the division may conduct a program of inspections of regulated boilers and pressure vessels. (Current law provides that the division shall conduct a program of periodic inspections of regulated boiler and pressure vessels.) Provides that the division shall: (1) issue a regulated boiler and pressure vessel operating permit to certain applicants; (2) perform operating permit inspections of a boiler or pressure vessel owned by the state; (3) conduct a program to audit boiler and pressure vessel inspectors; and (4) conduct a program to audit inspections completed by a boiler and pressure vessel inspector. Provides requirements for qualifying or renewing an operating permit. Removes requirements for inspections. Provides the fire prevention and building safety commission (commission) with emergency rulemaking authority to adopt rules concerning the division's inspection program. Removes provisions in the Indiana Code concerning inspection agencies. Provides that the commission may sanction a boiler and pressure vessel inspector in certain instances. Removes provisions in the Indiana Code concerning owner or user inspection agencies. Allows members of police and fire departments to reside within a county that is noncontiguous to the county where the police or fire department is located but is not more than 50 miles from the closest boundary of the city, town, or township where the police or fire department is located. Includes an emergency management worker and a division fire investigator in the definition of "public safety officer" to qualify the person for the special death benefit for a public safety officer who dies in the line of duty.
Funding for veterans programs. Extends to 2021 the veterans pilot program that provides assistance for certain providers to provide diagnostic testing and hyperbaric oxygen treatment to veterans. (Under current law, the program expires June 30, 2020.) Eliminates the requirement that a veteran must pay a co-pay equal to 10% of the cost of treatment billed to the Indiana department of veterans' affairs (department) or the state department of health for diagnostic testing and hyperbaric oxygen treatment. Provides that an individual veteran may not be required to pay a co-pay under the program. Voids the rule of state department of health defining "co-pay" for purposes of the program. Requires the state department of health to adopt emergency rules to amend specified existing program rules to do the following: (1) Remove the requirement that a veteran must pay a co-pay equal to 10% of the cost of treatment billed to the department. (2) Provide that grants may not be made under the program after June 30, 2021.
Worker's compensation. Provides that, for worker's compensation purposes, an employee who leaves work to serve as a volunteer firefighter or member of a volunteer emergency medical services association (volunteer member) is considered an employee of the firefighting unit while in the performance of duties as a volunteer firefighter or volunteer member. Increases the maximum amount of burial expenses that an employer must pay under the worker's compensation act for the burial expenses of a covered employee who dies from an injury by an accident arising out of the employee's employment from $7,500 to $10,000. Increases the maximum amount of burial expenses that an employer must pay under the worker's occupational diseases compensation act for the burial expenses of an employee who dies from an occupational disease arising out of the employee's employment from $7,500 to $10,000.
Discipline of coaches. Requires the department of education (department) to notify the Indiana High School Athletic Association (association) of any license revocation or suspension involving a licensed teacher who has been convicted of certain offenses or committed certain misconduct. Provides that a school corporation, charter high school, or nonpublic high school with at least one employee must report to the association when a nonteaching or volunteer coach has been convicted of certain offenses. Requires the association to revoke the accreditation of any coach who has been convicted of certain offenses. Provides that, before a school corporation, charter high school, or nonpublic high school with at least one employee hires or allows an individual to coach an association recognized sport, the school corporation, charter high school, or nonpublic high school shall: (1) ask the individual: (A) whether the individual is or has been accredited by the association; and (B) if the individual is or has been accredited by the association, whether the individual's accreditation has ever been suspended or revoked; (2) request references from the individual; (3) contact the references that the individual provides; and (4) contact the association to determine whether the individual's accreditation has ever been suspended or revoked. Requires expanded criminal history checks for volunteer coaches. Provides that school corporations, charter high schools, and nonpublic high schools with at least one employee are, regarding volunteer coaches, subject to a statute that establishes a penalty if an employer prevents a discharged employee from obtaining employment with any other person and provides civil immunity regarding certain disclosures. Provides that the: (1) association or its employees; (2) department or the department's employees; or (3) school corporation, charter high school, or nonpublic high school with at least one employee or its employees; are immune from civil liability for any act done or omitted unless the action constitutes gross negligence or willful or wanton misconduct.
Income tax deductions. Increases the income tax deduction for income from military retirement or survivor's benefits beginning in 2019.
Inpatient addiction treatment. Provides that when determined by the treatment plan to be medically necessary, the office of Medicaid policy and planning shall provide coverage for inpatient detoxification using the American Society of Addiction Medicine Patient Placement Criteria.
Education studies. Urges the legislative council to assign to the interim study committee on education during the 2019 through 2022 interims the following: (1) The study of how to: (A) eliminate, reduce, or streamline the number of education mandates placed on schools; and (B) streamline fiscal and compliance reporting to the general assembly on a sustainable and systematic basis. (2) The review of certain provisions relating to professional development, development of policies, reporting requirements, and curriculum requirements of schools. Urges the legislative council to assign to the interim study committee on education the task of studying in the 2019 interim the cost and benefits of virtual schools in relation to public school corporations and public school students.
Wage assignments for clothing and tools. Provides that a wage assignment may be made for the rental of uniform shirts, pants, and job-related clothing. Provides that a wage assignment may be made for the purchase of equipment or tools necessary to fulfill the duties of employment. Provides that an employee shall not be charged or subject to a wage assignment for personal protective equipment except for those instances provided under federal rules. Provides that the total amount of wages subject to assignment for the purchase of uniforms and equipment or rental of uniform shirts, pants and job-related clothing may not exceed certain amounts. Legalizes deductions made before the passage of the bill by an employer from the wages of an employee for the rental of uniforms, shirts, pants, or other job-related clothing.
Disposal of abandoned or derelict aircraft. Specifies that a "person" includes a political subdivision for purposes of the statute concerning liens for the repair, storage, servicing, or furnishing of supplies for certain motor vehicles, airplanes, machinery, and equipment. Establishes a procedure for the disposal and removal of an abandoned aircraft or a derelict aircraft from the premises of: (1) a public-use airport; or (2) a fixed-base operator at a public-use airport.
Insulin administered by medication aides. Provides that the education and optional training programs approved by the state department of health (state department) for qualified medication aides must include a competency test and an optional training module for qualified medication aides in administering insulin. Provides that a qualified medication aide certified by the state department may administer insulin to a specific patient of a licensed health facility if certain requirements are met. Requires the state department, not later than December 31, 2019, to approve at least one optional training module in administering insulin.
Indiana horse racing commission. Requires the Indiana horse racing commission (IHRC) to adopt rules establishing the confidentiality of personal information on license applications. Prohibits a veterinarian appointed by the IHRC or employed by a permit holder from providing treatment, except in case of emergency, for a horse of the same breed registered for racing on the track of the veterinarian's employment, and prohibits an owner or trainer from paying compensation to a veterinarian for prohibited treatment. Provides that the IHRC may suspend an individual following a positive test of a horse for a foreign substance, abnormal levels of a natural substance, or impermissible medications. Authorizes the IHRC to approve and accept proof of financial responsibility from a permit holder before the beginning of a horse racing meeting in an alternative manner to posting a bond. Changes references to the secretary of the IHRC to the executive director of the IHRC. Provides for the testing of biological samples other than the blood, urine, and saliva of a horse. Makes changes to the appointment of members on breed development advisory committees. Provides that each horsemen's association, certain licensees, and any association for backside benevolence shall submit to an audit by an independent public accountant and submit the report to the IHRC. Provides that certain funds distributed to the breed development fund for thoroughbreds shall be distributed to the Indiana sired horses program. Makes technical corrections.
Education matters. Provides that the state board of education (state board) may adopt rules regarding virtual education programs of school corporations. Provides that a student who does not participate in a school corporation's virtual education program before July 1, 2020, must complete the school corporation's annual onboarding process and orientation with the student's parent before the student may participate in the school corporation's virtual education program. Provides that, if the lesser of at least: (1) 100 students of a school corporation; or (2) 30% of the total number of students enrolled in the school corporation; receive at least 50% of instruction through a school corporation's virtual education program, the school corporation shall establish a dedicated virtual education school. Provides that an individual who is employed as a licensed teacher for a virtual education program or virtual charter school must comply with any mandatory licensed teacher training that is required. Provides that a virtual charter school that has a charter on June 30, 2019, may renew a charter only with a statewide authorizer. Provides that a student, who is not enrolled in a virtual charter school before July 1, 20209, must complete the virtual charter school's annual onboarding process and orientation with the student's parent before the student may enroll in the virtual charter school. Requires a virtual education program or virtual charter school to withdraw a student who is a habitual truant. Requires a student of a virtual education program or virtual charter school to be an Indiana resident. Provides that as part of the onboarding process and orientation, a school corporation or virtual charter school must provide to a student's parent: (1) the student engagement and attendance requirements or policies; and (2) notice that a person who knowingly or intentionally deprives a dependent of education commits neglect of a dependent. Requires an authorizer to establish certain requirements or guidelines for a virtual charter school. Requires a virtual charter school to report the methodology used to determine attendance to the virtual charter school's authorizer. Requires a virtual charter school's annual report to include: (1) the methodology used by the virtual charter school to determine attendance; and (2) the virtual charter school's student engagement requirements. Establishes actions that the state board may implement if a charter school is placed in the lowest category or designation of school performance for four consecutive years. Provides that the state board may adjust the formula used in the calculation of a high school's graduation rate if a certain percentage of students in a particular cohort: (1) transfer to a nonaccredited nonpublic school that does not have at least one employee; and (2) are not on track to graduate with their cohort. Urges the legislative council to assign to an appropriate interim study committee the task of studying and analyzing the financing and expenditures of virtual schools, including but not limited to virtual charter schools. Makes a technical correction.
Study of farmland preservation. Urges the legislative council to assign to an appropriate interim study committee the topic of achieving farmland preservation in Indiana.
Election security. Requires the secretary of state to refer suspected criminal violations of election law for investigation by the appropriate prosecuting attorney. Establishes an administrative enforcement mechanism for enforcement of election laws other than campaign finance laws. Requires the statewide voter registration file to employ multi-factor authentication to restrict access. Allows a declination to register by the voter in certain circumstances to be used in determining whether a voter's address is current. Requires a communication that includes an absentee ballot application form to state certain information regarding the identity of the sender. Provides for administrative remedies for violations of this requirement. Requires the inspector to record certain data during election day regarding the number of voters waiting to vote. Requires voting system vendors to disclose certain information about foreign nationals who may control or have an ownership interest in the vendor. Specifies procedure for counting of absentee ballots cast on an electronic voting system. Urges the legislative council to assign to the interim study committee on elections the task of studying the topic of means for verification of voter registration data.
Financial institutions and consumer credit. Makes various changes to the statutes concerning: (1) first lien mortgage lenders; (2) persons licensed under the Uniform Consumer Credit Code (UCCC); (3) rental purchase agreements; (4) debt management companies; (5) banks; (6) credit unions; (7) pawnbrokers; and (8) money transmitters. Repeals a provision in the statute concerning rental purchase agreements that specifies that any up-front payment made by the lessee: (1) must be treated as an initial rental payment; (2) is subject to the disclosure requirements under the statute; and (3) may be in a sum larger than a regular rental payment. Prohibits leasing of, and rental purchase agreements involving, live domestic animals. Repeals a provision in the UCCC that provides that civil proceeding advance payment transactions (CPAP transactions) are subject to the UCCC. Strikes all provisions concerning CPAP transactions from the UCCC. Repeals provisions in the UCCC that define certain terms relating to CPAP transactions. Moves language in the UCCC applicable to the licensing of civil proceeding advance payment providers to the existing statute concerning civil proceeding advance payments and makes conforming amendments.
Use of Social Security numbers in credit files. Requires a consumer reporting agency that uses a Social Security number as a factor in determining whether a file matches the identity of the subject of a credit inquiry to ensure that the name and at least one additional identifier of the subject matches the name and the same identifier in the file.
Bureau of motor vehicles. Provides that if one or more of the following taxes have not been paid for one or more preceding years, the bureau of motor vehicles may collect only the tax for the year immediately preceding the current registration year, the current registration year, and the year immediately following the current registration year: (1) The county vehicle excise tax. (2) The county wheel tax. (3) The municipal vehicle excise tax. (4) The municipal wheel tax. (5) The motor vehicle excise tax. (6) The recreational vehicle excise tax. (7) The commercial vehicle excise tax. (8) The boat excise tax. Specifies to which vehicles a county vehicle excise tax, county wheel tax, municipal vehicle excise tax, and municipal wheel tax apply. Provides that an owner who has paid a surtax or wheel tax and moves out of state may be entitled to a refund. Specifies the minimum and maximum vehicle registration periods for a vehicle with an: (1) expired; and (2) unexpired; registration. Requires that all copies of all ordinances that impose, rescind, or change the rate or amount of a surtax or wheel tax be submitted in a manner prescribed by the bureau of motor vehicles (bureau). Provides that the maximum design speed for a low speed vehicle is 25 miles per hour. (Current law provides for 35 miles per hour.) Provides that, in certain instances, off-road vehicles and snowmobiles need to be registered. Provides that, during the registration or registration renewal process, the bureau may provide information concerning a manufacturer issued motor vehicle safety recall to the registered owner of a motor vehicle subject to an ongoing recall. Specifies that the bureau may not charge a fee for providing information concerning an ongoing, manufacturer issued safety recall. Provides that: (1) the bureau; (2) the commissioner of the bureau; (3) employees of the bureau; and (4) third party vendors responsible for providing the bureau with manufacturer issued safety recall information; are immune from civil liability for any act or omission related to the bureau providing safety recall information. Provides that a person may transfer a plate from a wrecked or destroyed vehicle to a vehicle acquired or owned by the person. Removes the provisions providing for a probationary period for independent colleges under the special group recognition license plate program. Provides that the Indiana department of transportation must review plans for general vehicle platoon operations. (Current law provides that the commissioner of the bureau must review plans). Specifies that an individual who is 75 years of age or older may renew an operator's, chauffeur's, or public passenger chauffeur's license by mail or electronic service if the individual provides proof of an eyesight examination with the renewal application. Establishes distribution by percentage of fees paid for reinstatement of driving privileges. Specifies that a court may waive part or all of a reinstatement fee for driving privileges. Removes the requirement that an emergency contact for the purposes of the emergency contact data base must hold a valid credential. Requires an individual seeking a license to be a driver education instructor to be currently employed or have an employment offer from a licensed driver training school. Requires a rider coach trainer to meet standards established by the bureau for instructors in motorcycle safety and education. (Current law requires that the standards be equivalent to or more stringent than those established by the Motorcycle Safety Foundation.) Requires an applicant from a foreign country that has a reciprocity agreement with the bureau for obtaining an operator's license to possess a valid driver's license for the type of vehicle being operated or the equivalent from the foreign country. (Current law also allows the applicant to possess an international driving permit.) Specifies that the court may grant driving privileges to an individual whose driving privileges have been suspended for life: (1) for a specified period of time; and (2) subject to certain conditions. Requires an individual who has been granted driving privileges through a court order after the individual's driving privileges have been suspended for life to possess the order when operating a vehicle or produce the order upon request of a police officer. Provides that the bureau of motor vehicles may waive certain testing requirements for an applicant seeking a learner's permit or a driver's license in certain instances. Provides that the bureau of motor vehicles (BMV) may develop a system to issue mobile credentials. Provides that the BMV may issue, upon request of an applicant, a mobile credential when the applicant satisfies the requirements for application for an identification card or various licenses and permits. Provides the BMV with rulemaking authority to implement the mobile credential system. Defines mobile credential. Eliminates both the department of natural resources fee and the lake and river enhancement fee. Sets out the registration and renewal fees for motorboats. Makes conforming changes.
Chronic pain management. Requires state employee health plans, Medicaid, policies of accident and sickness insurance, and health maintenance organization contracts to provide coverage for chronic pain management. Requires the office of Medicaid policy and planning to apply for any Medicaid state plan amendment necessary to provide the coverage.
Health facility requirements concerning residents. Requires a health facility to disclose to each prospective resident in writing: (1) information concerning the long term care ombudsman, including contact information for the long term care ombudsman and the state department of health; and (2) any policy under which a resident would be required to pay a full monthly rate regardless of whether the resident resides at the facility for the whole month. Requires that in the development and execution of a care plan for the resident that a health facility facilitate, at the request of the resident, the inclusion of a resident representative.
Prescription drug label. Provides that if a pharmacist dispenses a prescription drug that contains or is derived from opium, the prescription label must bear a statement that the drug is an opioid.
Loan brokers. Reorganizes current provisions regulating loan brokers and moves the reorganized provisions to a new article, including: (1) the loan broker regulation account; (2) licensure and notice requirements; (3) education and examination requirements for licensure; (4) requirements for loan broker offices, personnel, and conduct of business; and (5) violations and enforcement. Makes conforming amendments. Repeals the current law regulating loan brokers.
Department of natural resources matters. Allows the department of natural resources to adopt emergency rules concerning entomology and pathology. Provides that an individual may not provide hunting guide services without a hunting guide license issued by the director of the department of natural resources. Defines "guide services" to include services by a person who for money or other consideration offers or advertises to transport an individual, transports an individual to a location, offers or advertises to assist, provide direction, or provide advice to an individual, or assists, provides direction, or provides advice to an individual for the purpose of hunting or fishing. Specifies that knowingly or intentionally providing guide services in violation of fish and wildlife laws to take, acquire, receive, transport, or possess wild animals that are protected by law is a criminal violation.
Regulation of physical therapists. Establishes the Indiana board of physical therapy (board). (Current law regulates physical therapy under the medical licensing board, with certain functions delegated to the Indiana physical therapy committee.) Creates a new definition of "physical therapy" and adds or amends other definitions. Amends certain prohibited acts to include business entities. Adds physician assistants and nurse practitioners to the list of persons who may issue an order to a physical therapist. Allows a physical therapist to treat a patient for 42 days without a referral from a provider. (Current law allows treatment for 24 days.) Provides that certain individuals are exempt from license and certification requirements. Adds a physical therapist assistant to the board and removes the physician member. Establishes requirements for physical therapists and physical therapist assistants who have been educated outside the United States. Establishes requirements to sit for the licensure and certification examinations. Allows the applicant to take the examination not more than six times. Allows the board to disqualify an applicant for certain acts related to the examination. Requires a person who seeks reinstatement for a lapsed license to demonstrate evidence of continuing competence. Establishes certain responsibilities for physical therapists. Allows a physical therapist assistant to work under a physical therapist. Transfers the rules, duties, and records concerning physical therapy from the medical licensing board to the board. Makes conforming changes.
1977 fund retirement and surviving spouse benefits. Increases the basic monthly pension benefit payable to a member of the 1977 police officers' and firefighters' pension and disability fund (1977 fund) who retires after June 30, 2019, with 20 years of service from 50% to 52% of the monthly salary of a first class patrolman or firefighter in the year the member ended active service. Increases from 60% to 70% of the member's monthly benefit the monthly benefit paid to a surviving spouse of a 1977 fund member who dies after June 30, 2019, other than in the line of duty.
Homeless children and youths. Allows certain representatives of a homeless youth to: (1) access, on behalf of the youth, the youth's birth certificate, photo identification, and driver's license without charge or consent of a parent, guardian, or custodian; and (2) enroll the youth in adult basic education services and register the youth for the Indiana high school equivalency examination, after the youth completes an exit interview with the youth's school corporation; if the youth meets certain guidelines and the representative possesses a fee and consent waiver affidavit. Updates the law regarding the education of homeless children and youth to align with federal law.
School corporation expenditure targets. Provides that a school must specify in its proposed budget the anticipated amount it will transfer from its education fund to its operations fund during the budget year and requires an acknowledgment at its budget hearing of whether it will transfer more than 15% from its education fund to its operations fund. Requires the Indiana education employment relations board to annually prepare, publish, and submit a report to the budget committee and the legislative council that covers various employment information for school employees. Provides that a school corporation shall make every reasonable effort to budget and spend for its education fund so that not more than 15% of the revenue deposited in its education fund is transferred to its operations fund. Requires the department of education (department) to identify and notify those school corporations that transfer more than the 15% amount for the previous calendar year beginning in 2020. Requires a school corporation's governing body to publicly acknowledge receipt of a notice that the school corporation is on the list and publish on the school corporation's Internet web site that it is on the list along with related items. Requires the Indiana education employment relations board and the division of finance of the department to be available to provide assistance to each school corporation that is included on the list. Requires a school corporation that is not on the list to publish this fact on the school corporation's Internet web site. Provides that, if a school corporation is over the transfer target, the school corporation is required to explain its expenditures to the department and the fiscal and qualitative indicators committee. Provides that the department may require the school corporation to present its explanation to the fiscal and qualitative indicators committee at a public meeting. Permits the fiscal and qualitative indicators committee to issue a recommendation to the school corporation, and requires posting of the recommendation on the school corporation's Internet web site.
Accounting by attorney in fact. Provides that an attorney in fact is required to render and deliver a written accounting if requested by a person who jointly owns an account with the principal. Provides that an attorney in fact may not render and deliver an accounting to the child of the principal, if a court has determined that the rendering and delivery of an accounting is not in the best interests of the principal.
School administrator contracts. Provides that, unless a provision in a contract entered into or renewed between the governing body of a school corporation and a principal or an assistant principal before July 1, 2019, provides otherwise, the governing body of a school corporation may not pay to a principal or an assistant principal to buy out a contract an amount that exceeds an amount equal to the principal's or assistant principal's salary for any one year under the contract. Provides that, unless a provision in a contract entered into or renewed between the governing body of a school corporation and an assistant superintendent before July 1, 2019, provides otherwise, a governing body may not pay to an assistant superintendent to buy out a contract an amount that exceeds an amount equal to the lesser of: (1) the assistant superintendent's salary for any one year under the contract; or (2) $250,000. Requires that an initial employment contract entered into between the governing body of a school corporation and an assistant superintendent, a principal, or an assistant principal be at least one year and not more than three years. (Current law requires the initial contract between the governing body of a school corporation and a principal or assistant principal be the equivalent of at least two years.) Provides that a contract with an assistant superintendent, a principal, or an assistant principal may be extended for an additional three years.
Economic development. Establishes the small business innovation voucher program (program) to provide vouchers to eligible small businesses to be used by the business to purchase research and development support or other forms of technical assistance and services from an Indiana institution of higher education or other authorized research provider. Provides that the Indiana economic development corporation (IEDC) shall administer the program. Provides that the program is subject to appropriation from the general assembly. Amends the definition of "sales" and adds a definition of "telecommunication services" and "broadcast services" under the state adjusted gross income tax provisions. Amends the provisions for determining when sales, other than sales of tangible personal property, are derived from sources within Indiana for purposes of determining the state adjusted gross income of corporations and nonresident persons. Provides that the IEDC may enter into an agreement for mutual economic assistance and a payment agreement with a similar agency or body of a state bordering Indiana. Provides that a taxpayer (with certain exceptions) is not entitled to receive an industrial recovery tax credit for a qualified investment made after December 31, 2019. Amends the definition of "incremental income tax withholdings" for purposes of the EDGE tax credit to accommodate nonresident employees covered by a mutual economic assistance agreement and payment agreement. Permits a taxpayer to claim an income tax credit for qualified investments made after a community revitalization enhancement district has expired if the taxpayer satisfies certain conditions. Allows a taxpayer to assign all or part of a venture capital investment tax credit, subject to certain limitations. Amends the definition of "qualified investment" under the Hoosier business investment tax credit to include the purchase of: (1) retooled or refurbished machinery; (2) new energy conservation and pollution control equipment; and (3) new onsite digital manufacturing equipment. Provides that the Hoosier business tax investment credit for new onsite digital manufacturing equipment for a tax credit is not to exceed 15% of the qualified investment and is for a limited time period. Amends the headquarters relocation tax credit to extend the credit to an eligible business that: (1) acquired at least $4,000,000 in venture capital within either six months prior to or six months after applying for the credit; and (2) commits to: (A) relocating its headquarters to Indiana; or (B) relocating the number of jobs that equals 80% of the business's payroll to Indiana. Provides that the total amount of headquarters relocation tax credits that may be approved in a state fiscal year for all eligible businesses that qualify for the tax credit under the new provision may not exceed $5,000,000. Establishes the redevelopment tax credit (credit). Requires a taxpayer to apply to the IEDC for the credit. Provides that a taxpayer may claim a credit against state tax liability if: (1) the taxpayer makes a qualified investment for the redevelopment or rehabilitation of real property located within a qualified redevelopment site; and (2) the qualified investment is approved by the IEDC. Provides that the amount of the credit is equal to: (1) the qualified investment made by the taxpayer and approved by the IEDC in an agreement; multiplied by (2) the applicable credit percentage determined by the IEDC. Specifies the maximum applicable credit percentages that apply to qualified investments. Caps the redevelopment tax credit at $50,000,000 per state fiscal year with certain exceptions. Allows a taxpayer to assign all or part of a redevelopment tax credit, subject to certain limitations. Authorizes the IEDC to include in an agreement for the tax credit provisions that require the taxpayer to repay all or part of a credit awarded over a period of years. Provides that an agreement for the redevelopment tax credit must include a repayment provision for the amount of any credit award that exceeds $7,000,000. Requires the IEDC to establish measurements for evaluating the performance of the redevelopment tax credit and evaluate the tax credit program on a biennial basis. Requires the IEDC to collect data on the effectiveness of an assignment of both the venture capital investment tax credit and the redevelopment tax credit and report its findings to the legislative council before November 1, 2022. Changes the recertification period for certified technology parks from three years to four years. Provides that once a certified technology park reaches its cap, an additional amount equal to a specified amount of incremental income taxes shall be captured. Requires a redevelopment commission that has designated a third party manager or operator of a certified technology park to transfer to the manager or operator the amount owed within 30 days of receiving a distribution. Urges the legislative council to assign to an appropriate interim study committee the task of studying the development of regional airports throughout Indiana. Makes an appropriation.
Various local government matters. Allows the governing body of a state or local government agency to discuss in an executive session strategy regarding a real estate transaction by the governing body. Allows the fiscal officer of a political subdivision to appropriate funds received from any private entity or individual for the purpose of repairing or replacing damaged property. (Current law allows only appropriation of funds from an insurance company.) Eliminates political party affiliation requirements for members of a utility service board or storm water management board. Allows a political subdivision to receive electronic bids for public work projects that exceed a certain amount, if the bid solicitation states the procedure for transmitting the electronic bid and the means of transmission protects the bid contents. Requires a political subdivision that receives electronic bids to provide electronic access to the notice of the bid solicitation through the computer gateway administered by the state office of technology in addition to newspaper publication. Provides that a hazardous tract of land containing a building that is not an unsafe building constitutes an unsafe premises and is subject to the unsafe building law. Specifies the procedure for notice by publication under the unsafe building law. Eliminates the requirement that a negotiable note for a public work project or eligible efficiency project be repaid by a political subdivision on January 1 and July 1 of each year of the note's term. Allows a drainage board to send written invitations for bids for construction work by electronic means. Resolves conflicts with HEA 1019-2019 and HEA 1115-2019.
Career and technical education. Makes various changes concerning the following: (1) The membership, duties, meetings, and deadlines of certain requirements concerning the governor's workforce cabinet (cabinet). (2) Eligibility and requirements regarding certain grants: (A) from the skills enhancement fund; and (B) under the next level jobs employer training grant program. (3) Eligibility for supplemental payment for certain teachers. (4) Requirements to renew a practitioner license or accomplished practitioner license. (5) Grant amounts, additional fund distributions (if funds are available), and the eligibility of instructor salary costs for grants and additional fund distributions under the work Indiana program. (6) Eligibility requirements to receive a high value workforce ready credit-bearing grant. (7) Requirements regarding a student's graduation plan. Establishes the career coaching grant program and fund. Provides that the cabinet shall receive, distribute, and account for all funds received for career and technical education under the Carl D. Perkins Vocational and Applied Technology Act. Provides that, after June 30, 2019, a school corporation, school, or secondary school vocational program may employ an instructor who does not have a license if the instructor meets certain occupational and training requirements. Requires: (1) a public school to include a summary on implementing certain career curriculum in a public school's improvement plan; (2) the budget agency to estimate the costs incurred to implement the curriculum for each school corporation and submit a report regarding the costs; and (3) the department of education (department) to review the plans and assist schools in incorporating best practices. Allows a governing body of a school corporation to include a postsecondary level career and technical education course in the high school curriculum of certain schools. Provides that a contract between a career and technical education center and a school or school corporation is a public record under Indiana's open door law. Provides that: (1) a school that has entered into an agreement for a joint program of career and technical education may add a new career and technical education course to its curriculum without being approved by the joint program board or the governing body overseeing the joint program if the course is being offered in partnership with certain entities; and (2) if the added career and technical education course is offered after June 30, 2018, the course is eligible for career and technical education funding. Requires the Indiana economic development corporation to assemble and provide to the commission for higher education and the department of workforce development information concerning the economic benefits of residing and working in Indiana. Provides for certification by the cabinet of an industry collaboration organization (ICO). Provides that an organization qualifies as an ICO if the organization meets certain qualification requirements. Provides that contributions to an ICO may be used by the ICO for the following purposes: (1) To support the development and implementation of high school graduation pathways. (2) To provide money to the ICO to establish and operate a career counseling program for students. (3) To enhance career and technical education and training programs. (4) To expand apprenticeships and work based learning opportunities. (5) To provide grants to schools to be used by the school to pay the transportation costs for students to attend an eligible training program. (6) To provide grants for any other course or program, if the course or program leads to the attainment of a specific employment related credential that documents the student's skills for employment success. (7) To partner with other ICOs, nonprofits, public foundations, or other entities to provide workforce related educational programs or training for students. Requires that an ICO report certain information to the cabinet. Requires the cabinet to support an ICO in sharing and scaling best practices on a statewide basis by: (1) conducting an annual survey of the business, education, and community organizations participating in the ICO, in consultation with the management performance hub; and (2) convening the ICOs on an ongoing basis in collaboration with Indiana's statewide business and industry associations. Provides that the cabinet shall annually compile lists of the: (1) industry sectors and geographic regions in which ICOs are operating, disaggregated by industry category and region; and (2) business, educational institutions, and community organizations affiliated with the ICOs established under this chapter, disaggregated by industry category and region. Provides that a high school may count: (1) an approved work based learning course, program, or experience; or (2) an approved career and technical education course, program, or experience; as satisfying an Indiana diploma with a Core 40 with academic honors designation or another designation requirement. Establishes the school accountability panel to study the topic of aligning school accountability with graduation pathways and recommend new indicators of school performance. Amends the definition of "work based learning course" for purposes of determining career and technical education funding. Provides that the commission for higher education, in consultation with the department of workforce development, shall consider a program's impact on public safety when determining which certificate programs are eligible for the high value workforce ready credit-bearing grant. Requires, not later than July 1, 2020, the state board of education to adopt teacher licensing examinations to replace the teacher licensing examinations administered on July 1, 2019. Requires, not later than September 1, 2021, the department to implement the adopted teacher licensing examinations. Requires the commission for higher education (commission) to establish, in coordination with the department of workforce development (department) and the Indiana economic development corporation (corporation), the Let Indiana Work for You program (program) to: (1) provide to colleges and universities information concerning workforce opportunities in Indiana and other benefits of residing and working in Indiana after graduating from the college or university; and (2) implement the program. Provides that, if a college or university approves of the information under the program for distribution to students of the college or university, the: (1) commission, in coordination with the department and the corporation, shall provide the information to the college or university; and (2) college or university shall present in person or use other communication mediums to provide the information to students of the college or university. Requires the corporation to assemble and provide to the commission and the department information concerning the economic benefits of residing and working in Indiana. Voids an administrative rule that requires a school corporation to ensure that a teacher of a secondary school vocational program is licensed by the department. Resolves a conflict between HEA 1074-2018 and HEA 1002-2018.
Military family relief fund. Requires an employee of the Indiana department of veterans' affairs (department) who is otherwise eligible to receive assistance from the military family relief fund (MFRF) to submit the employee's application directly to the Indiana veterans' affairs commission (commission). Requires the commission and the department to give timely responses to applications for assistance from the MFRF. Caps the amount of monetary assistance a qualified service member may receive from the MFRF at $2,500, unless approved by the commission. Establishes the determination and analysis process the commission may use for applications requesting in excess of the $2,500 threshold. Provides that the administrative orders and procedures act procedures do not apply to actions of the department of veterans' affairs and the Indiana veterans' affairs commission. Requires the commission to amend a rule in the Indiana Administrative Code that requires the department of veterans' affairs to give notice of the denial for short term financial assistance in a manner consistent with the notice provisions established in the administrative orders and procedure act. Voids the rule of the Indiana Administrative Code that requires all appeals concerning decisions of the department of veterans' affairs regarding financial assistance from the military family relief fund to be conducted in accordance with the provisions of the administrative orders and procedures act.
Animal cruelty. Amends and creates certain definitions for offenses relating to animals. Specifies that an animal control program, humane society, and governmental entity operating an animal shelter may only destroy an animal by means of humane euthanasia. Removes duplicative language and makes conforming amendments.
Electric foot scooters. Provides that an electric foot scooter is not a motor vehicle for purposes of certain motor vehicle laws. Provides that an electric foot scooter has all rights and duties that apply to a person operating a bicycle. Exempts electric foot scooters from financial responsibility. Provides for certain equipment requirements for electric foot scooters. Allows an electric foot scooter to be parked on a sidewalk in certain instances. Prohibits an electric foot scooter from operating on an interstate highway. Provides that a local authority, with respect to private roads and highways under the authority's jurisdiction, may regulate the standing or parking of electric foot scooters. Provides that a local authority, with respect to private roads and highways under the authority's jurisdiction, may regulate the operation of electric foot scooters and require the registration and licensing of electric foot scooters. Makes conforming changes.
Consent to pregnancy services of a minor. Allows a minor who is at least 16 years of age and: (1) pregnant; (2) in labor; or (3) postpartum; to consent to health care concerning the pregnancy, delivery, and pospartum care. Requires a health care provider to make a reasonable effort to contact a minor's parent or guardian before or at the initial appointment before providing treatment and document in writing each attempt to contact the parent or guardian. Requires the health care provider to act in the manner that is in the best interests of the minor and the fetus. Requires the health care provider to make an additional attempt to contact the parent or guardian of a minor for consent during specified times in the provision of care. Makes technical corrections.
Medicaid advisory committee. Adds appointments by the Indiana Association of Health Plans and the Indiana Primary Care Association to the Medicaid advisory committee (committee). Increases the membership of the committee by providing for the president pro tempore of the senate and the speaker of the house of representatives to each appoint six members (instead of one member). Provides that three of the members appointed by the president pro tempore and three of the members appointed by the speaker shall serve on a standing fiscal subcommittee of the committee. Requires that three of the members appointed by the speaker of the house of representatives and three of the members appointed by the president pro tempore be members of the minority party. Requires the committee to create a standing fiscal subcommittee. Provides that subcommittees of the committee may convene as often as needed. Requires the committee to review, study, and make advisory recommendations concerning certain subjects before July 1, 2021.
Public health matters. Amends the definition of "food instrument" to state that a participant under the federal Women, Infants, and Children program uses an electronic benefit transfer card to obtain food. Requires the state department of health (department) to provide to the local vital records offices guidelines concerning the interpretation of the laws and the department's rules concerning vital statistics to assure uniform application of the state laws and rules. Removes expired language. Provides that if the Indiana birth registration system (IBRS) or the Indiana death registration system (IDRS) is unavailable for more than 48 hours, the state registrar may issue a notice that allows the filing of a paper record of a live birth, a death, or both. Provides that certain birth, stillborn, and death permanent records may be maintained by the IBRS and IDRS. Requires that a paper copy of the permanent record of a birth, stillborn, or death certificate be provided upon request by an individual. Allows the department to disclose identifiable vital statistics information to a legitimate researcher, if the researcher complies with certain requirements.
Teacher salaries. Makes changes to requirements used to determine increases or increments for a teacher salary range.
Marion County capital improvement board. Provides for the expansion of the professional sports development area (tax area) in Marion County. Provides for the capture of covered taxes in the expanded tax area. Authorizes the city-county council to adopt a resolution that continues imposition of the increase to the county supplemental auto rental excise tax through December 31, 2040. Authorizes the city-county council to adopt a resolution that continues imposition of the increase to the county admissions tax through December 31, 2040. Authorizes the city-county council to adopt a resolution that continues the capture of local income taxes attributable to the tax area through December 31, 2040. Provides that revenues available for deposit in the sports and convention facilities operating fund may be pledged to secure and provide for the payment of bond or lease obligations of the board. Provides that Marion County capital improvement board may not use revenue derived from local or state taxes to finance, construct, or in any way subsidize the construction of meeting or ballroom space related to a privately owned hotel. Permits the Indianapolis metropolitan development commission or capital improvement board to adjust the equal opportunity percentages to reflect the results of a disparity study conducted by the City of Indianapolis. Provides that if restricted deposits are insufficient to fully repay the board's obligations, revenues collected by the board from certain taxes must be used. Establishes an additional professional sports development area in Marion County to capture state and local revenue for capital improvements. Provides for the issuance of indebtedness to finance a multipurpose soccer stadium subject to budget committee review. Provides that the Indiana stadium and convention building authority, the Marion County capital improvement board, and the Marion County convention and recreational facilities authority may not require a contractor or a subcontractor to enter into a contract limitation and may not grant a public benefit relating to any project that is financed in whole or in part from funds derived from the establishment of a new tax area under the bill. Provides that any such provisions are void. Strikes a provision requiring the Indiana stadium and convention building authority to enter into project labor agreement on all projects. Establishes the legacy project, which must be located at an Indianapolis parks and recreation department location located within a four mile radius of the Soldiers' and Sailors' Monument in Indianapolis.
Task force to study schools for the deaf and blind. Establishes the Indiana Schools for the Deaf and the Blind or Visually Impaired task force (task force) to evaluate and make recommendations to the budget committee relating to the operation of the physical plants of the Indiana School for the Deaf and the Indiana School for the Blind or Visually Impaired. Provides that the task force shall make its final recommendations to the budget committee on or before December 1, 2020. Establishes the task force advisory committee (advisory committee) to advise the task force on matters necessary for the task force to carry out its responsibilities. Provides that the department of administration shall provide staffing and administrative support for the task force and the advisory committee.
Drug classifications and drug schedules. Adds numerous substances to the definition of "synthetic drug". Adds epidiolex and brivaracetam to schedule V. Specifies that dronabinol is a schedule II controlled substance only in oral solution. Defines "fentanyl related substance" and adds it to schedule I. Moves certain fentanyl related substances from the definition of "synthetic drugs" in schedule II to schedule I. Adds Thiafentanil to schedule II. Makes conforming changes.
Medicaid nonemergency medical transport. Sets forth requirements for brokers of nonemergency medical transportation under the Medicaid fee-for-service program. Establishes the nonemergency medical transportation commission (commission) and sets forth duties of the commission. Requires the office of the secretary of family and social services to prepare before October 1, 2019, a report concerning nonemergency medical transportation Medicaid claims and submit the report to the commission.
Use of unmanned aerial vehicles. Requires a law enforcement officer to obtain a warrant to use an unmanned aerial vehicle (UAV) over private property or to conduct a search of private property, unless: (1) the owner of the property consents; or (2) a warrant would not be required for a search not using a UAV.
Hospitals. Requires the executive board of the state department of health to amend a rule to reflect current private publications used in hospital licensure rules. Beginning May 1, 2020, provides that a hospital license expires every two years from the date of issuance. (Current law provides that a hospital license to expire one year after issuance.) Urges legislative council to assign the topic of hospital licensure to an interim study committee during the 2019 interim and sets forth requirements of the study.
Medicaid recovery audits. Sets forth requirements for Medicaid recovery audits of Medicaid providers.
Nurse licensure compact. Specifies requirements for participation by the state in a multistate nurse licensure compact, including provisions concerning: (1) nurse qualifications, practice, and participation; (2) a compact commission; (3) interstate commission and state board of nursing authority and rulemaking; (4) a coordinated licensure information system; (5) oversight and enforcement; and (6) termination or withdrawal from the compact. Provides that an additional fee of $25 must be paid at the time of application and renewal of a license if the license is a multistate license.
State budget. Appropriates money for capital expenditures, the operation of the state, K-12 and higher education, the delivery of Medicaid and other services, and various other distributions and purposes. Renames the build Indiana fund the lottery surplus fund. Eliminates all the build Indiana fund accounts. Declares the policy of the state that no person may be denied coverage for a preexisting condition under a plan of health coverage offered or administered by the state. Specifies that the preexisting condition exclusion provisions of the Patient Protection and Affordable Care Act (PPACA) are in effect and enforced in Indiana, regardless of the legal status of the PPACA. Establishes the Indiana-Michigan boundary line commission to administer and oversee a survey and remonumentation of the Indiana-Michigan border. Eliminates the office of state based initiatives. Makes the budget agency responsible for coordinating federal assistance to state agencies. Prohibits certain state agency action regarding federal assistance. Requires state agencies to provide federal assistance information to the budget agency. Requires the budget agency to: (1) prepare an annual report summarizing the federal assistance received by state agencies during the preceding federal fiscal year; (2) publish a comprehensive federal assistance review plan; and (3) perform a review of the current impact and projected future impact of federal mandates and regulations on Indiana. Makes the budget agency the state's single point of contact to review and coordinate proposed federal financial assistance and direct federal development. Adds the two deputy budget directors as alternate members of the budget committee, and specifies that one of the deputy directors shall take the place of the budget director when the budget director is not present. Removes the restriction on the Indiana horse racing commission using money distributed under a distribution agreement for administrative purposes. Requires 0.45% of the adjusted gross receipts from each casino to be deposited in the horse racing commission's operating fund. Establishes the problem gambling program fund. Specifies that the part of the problem gambling fee that is retained annually by the Indiana gaming commission must be deposited into the fund. Provides that the money in the fund is continuously appropriated. Permits the trust fund for self-insurance for employees, including retired employees, for the state police department, conservation officers of the department of natural resources, and the state excise police to invest in the same investments as the state police pension plan instead of the public employees' retirement fund (the trust fund could not invest in equity securities). Permits the retiree health benefit trust fund to invest in the same investments as the public employees' retirement fund instead of in the same manner as public deposits may be invested. Requires a periodic actuarial study of the retiree health benefit trust fund. Provides that employer contributions to the retirement medical benefits account (RMBA) on behalf of a participant must be sufficient to provide the specified benefit. Changes the administration and investment decisions for the RMBA from the budget agency to the Indiana public retirement system (INPRS). Changes responsibility for reports concerning other post-employment benefits (OPEB) from the office of management and budget (OMB) to the INPRS. Changes responsibility for reports concerning local pensions from the OMB to the INPRS. Changes references to Governmental Accounting Standards Board Statements that apply to OPEB reports. Repeals the Indiana technology fund. Provides that a taxpayer may submit, beginning in 2021, a personal property tax return using an online submission system established by the department of local government finance in collaboration with county assessors. Replaces the postwar construction fund with a fund named the state construction fund. Dedicates $1,800,000 to the state construction fund from a part of the cigarette tax revenue formerly appropriated to the department of natural resources. Repeals the state police building account and directs the revenue formerly deposited in the account to the state construction fund. Establishes requirements to be eligible to claim the Indiana research expense income tax credit effective January 1, 2019. Increases the cap on the scholarship granting organization scholarship tax credit from $14,000,000 to $15,000,000 for the state fiscal year beginning July 1, 2019, and to $16,500,000 for state fiscal years beginning after June 30, 2020. Repeals the income tax credit for property taxes paid by a for-profit acute care hospital. Provides various tax exemptions for the College Football Playoff Group for the College Football Playoff National Championship, including ancillary events. Provides that money in the department of state revenue pilot program fund for functions related to motor carrier services is continuously appropriated. Allocates a percentage of St. Joseph County innkeeper's tax revenue: (1) for the development and operation of an indoor sports complex in the city of Mishawaka; and (2) to finance projects for the Potawatomi Zoo in the city of South Bend. Expires both of these allocations and decreases the innkeeper's tax rate by the percentage allocated for the respective purposes on the later of: (1) July 1, 2024; or (2) a specified date to occur. Removes the reduction from the motor vehicle highway account fund for the appropriation to the department of transportation for traffic safety. Transfers $325,000 each month to the motor carrier regulation fund from the motor vehicle highway account fund. Requires the bureau of motor vehicles to determine the allocation to counties from the motor vehicle highway account fund that is based on motor vehicle registrations. Provides that proceeds received under the First Amendment to the Amended and Restated Indiana Toll Road Concession and Lease Agreement entered on September 21, 2018, are to be deposited in a new fund known as the toll road lease amendment proceeds fund for certain state highway projects. Appropriates $239,400,000 from the toll road lease amendment proceeds fund in state fiscal year 2019 to be used for the purposes of the fund. Terminates the appropriation to the state police department of part of the handgun license fees as of July 1, 2019. Transfers any balance remaining in the fund holding these fees to the state general fund on June 30, 2021. Requires the division of disability and rehabilitative services to establish a cost participation schedule for purposes of the first steps program. Repeals the statutory cost participation schedule. Provides that the money in the division of family resources child care fund is continuously appropriated. Removes the requirement that a school corporation distribute to the state general fund 3% of the federal reimbursement for claims paid under the federal Medicaid program. (Under current law, these funds distributed to the state general fund are dedicated for consulting to encourage school participation in the Medicaid program.) Extends the prohibition on the office of Medicaid policy and planning from including certain Medicaid recipients who receive nursing facility services in a Medicaid risk based managed care program or a capitated managed care program through June 30, 2020. Specifies conditions that apply to a Medicaid disproportionate share hospital payment plan (DSH payment plan). Requires the hospital assessment fee committee (committee) to prepare a DSH payment plan or a default plan and submit the DSH payment plan or default plan to the office of the secretary of family and social services (office of the secretary). Sets forth requirements for state fiscal years: (1) beginning July 1, 2019; and (2) beginning on or after July 1, 2020. Requires the office of the secretary to file with the federal Centers for Medicare and Medicaid Services (CMS) a proposed Medicaid state plan amendment that is based on the DSH payment plan or default plan prepared by the committee and implement the plan amendment if the state plan amendment is approved by CMS. Provides for a continuous appropriation from the prekindergarten pilot program fund. Establishes a township assistance online pilot program to provide for ease of access and efficient application for township assistance, automate the application process for township assistance, and create a system to collect and report data regarding township assistance administration. Extends the hospital assessment fee and the health facility quality assessment fee through June 30, 2021. Increases the maximum amount of a primary care scholarship awarded at Marian University College of Osteopathic Medicine in the first class year from $10,000 per year to $15,000 per year. Provides that the department of child services may enter into a voluntary service referral agreement with a child's parent, guardian, or custodian. Adds the budget director as a member of the justice reinvestment advisory council. Permits the state to purchase insurance required by the federal government in connection with the use of federal land for the state's wireless public safety voice and data communications system. Extends the judicial and legislative branch leave conversion pilot program through June 30, 2021. Requires the governor to appoint a task force to study the Indiana law enforcement academy. Appropriates $325,000 from the state general fund to the Indiana department of gaming research for the July 1, 2018, through June 30, 2019, state fiscal year. Provides that appropriations from the state board of accounts dedicated fund for the state board of accounts for the state fiscal year beginning July 1, 2018, may be augmented from the state board of accounts dedicated fund. Provides that unused funds appropriated to the legislative council and legislative services agency in FY 2019 or FY 2020 do not revert to the general fund until June 30, 2021. Permits a state officer to use state funds to make a communication containing the name and likeness of the state officer if the communication: (1) is posted or maintained on a state owned Internet web site; (2) relates to the official duties of the state officer and is not made for commercial broadcast or dissemination to the general public; or (3) is posted on social media, if the communication relates to the official duties of the state officer, was not created, developed, or posted by a nongovernmental entity, and if the social media service provider does not charge for the posting. Specifies allowable terms for a settlement agreement involving the state or a state agency. Provides for the ability for cash flow funding before a full funding grant agreement is approved for the northern Indiana railroad project. Requires the northwest Indiana regional development authority to repay the amount if a full funding grant agreement is not approved. Modifies the membership of the board of the northern Indiana commuter transportation district (board). Provides that board members are not entitled to a salary per diem. Permits the board to authorize the Indiana department of transportation (INDOT) to exercise all or a part of the powers of the board that are necessary or desirable to accomplish the purposes of the board subject to the agreement of INDOT, including carrying out a railroad project. Broadens the powers of INDOT to contract with third parties to carry out a railroad project. Establishes the next level connections fund to provide matching grants to local units of government and nonprofit organizations for trails, incentivize and establish additional nonstop flights originating from Indiana airports, and accomplish the transportation plan of the department of transportation. Permits INDOT to transfer up to $100,000,000 from the next level connections fund to the rural broadband fund for the purpose of awarding broadband grants for rural areas. Establishes the northern Indiana commuter rail account within the fund. Requires the budget agency to transfer $185,000,000 from the next level connections fund to the northern Indiana commuter rail account. Permits the transfer of up to an additional $20,000,000 from the next level connections fund to the northern Indiana commuter rail account, subject to the approval of the governor. Provides that any proposed extension or amendment to certain agreements shall be submitted to the budget committee for review. Prohibits any extension or amendment to such an agreement until after the budget committee has reviewed the proposed extension or amendment. Specifies that any lump sum amounts or series of amounts totaling more than $1,000,000 received under a public-private agreement entered into by the Indiana finance authority before January 1, 2013, must be held in reserve until May 1 of the calendar year following the calendar year in which the lump sum payment or series of payments was received. Authorizes the state and state agencies to enter into cooperative agreements with federally recognized Indian tribes. Specifies the necessary terms of a cooperative agreement. Requires a provision of a cooperative agreement waiving the state's sovereign immunity to be reviewed and approved by the attorney general. Specifies the conditions that must be met for the state to waive its immunity from suit in federal court under the Eleventh Amendment to the Constitution of the United States with respect to a cooperative agreement. Adds federally recognized Indian tribes to the list of governmental entities with which local governments may enter into interlocal agreements. Provides that a marketplace facilitator is required to collect and remit state sales tax as a retail merchant when it facilitates a retail transaction for sellers on the marketplace facilitator's marketplace. Specifies circumstances in which a marketplace facilitator or a seller would not be required to collect and remit the state sales tax. Specifies that sharing of passenger motor vehicles and trucks through a peer to peer vehicle sharing program is a retail transaction subject to the state gross retail and use tax if sharing occurs more than 15 days in a calendar year. Provides that the exemption for the purchase of a new motor vehicle that is acquired for resale, rental, or leasing in the ordinary course of the person's business does not apply to a vehicle purchased for sharing through a peer to peer vehicle sharing program. Provides that vehicle sharing through a peer to peer vehicle sharing program is exempt from the auto rental excise tax and a county supplemental auto rental excise tax unless an ordinance is adopted to impose the county tax. Limits the county supplemental tax rate to 1%. Imposes a vehicle sharing excise tax at a 2% tax rate. Distributes the revenue from the tax to political subdivisions based on the vehicle's county of registration. Requires a marketplace facilitator to collect and remit innkeeper's tax. Repeals the definition of "facilitator" that is set to go into effect July 1, 2019. Repeals the provision requiring a facilitator who is a retail merchant to provide an itemized statement to the consumer. Provides that primary personal residences are exempt from the state gross retail tax unless the owner rents or furnishes the residence for more than 14 days. Provides for the collection of food and beverage taxes. Makes failure to collect or remit food and beverage taxes a Level 6 felony. Provides that a county treasurer may enter into an agreement with the fiscal officer of an entity responsible for the expenditure of funds from an innkeeper's tax to furnish the fiscal officer each month with the name and retail address of each business collecting an innkeeper's tax and the amount of money collected from each business. Provides that the state department of health shall issue guidelines establishing a cost participation standard for the amount of a parent's or guardian's expected contribution toward the purchase of a hearing aid for which assistance is granted under the hearing aid assistance program (program). Provides that the state department of health may issue guidelines establishing additional funding priorities to give to applications that are submitted under the program. Suspends the healthy Indiana plan phase out trust fund payments beginning in state fiscal year 2018-2019, subject to budget committee review. Requires the department of child services to establish a per diem model to reimburse providers of family preservation services. Appropriates $150,000,000 from the state general fund to the 1996 account of the teachers retirement fund of the Indiana public retirement system (INPRS). Specifies that the board of trustees of the INPRS is to reduce the employer contribution rate. Requires the governing body of each school corporation after July 1, 2019, and before October 1, 2019, to hold a public meeting to determine: (1) the dollar amount of the reduction in the school corporation's employer contribution rate; and (2) the actions the governing body of the school corporation intends to take with that amount. Provides for thirteenth checks in 2019 and 2020 for certain members of the: (1) Indiana state teachers' retirement fund; (2) public employees' retirement fund; (3) state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan; (4) state police pre-1987 benefit system; and (5) state police 1987 benefit system. Urges the legislative council to assign to the appropriate interim study committee the topic of the complexity index used in funding K-12. Requires the auditor of state to transfer any balance in the regional cities development fund to the state general fund on June 30, 2019. Reconciles conflicts with other enactments. Makes corresponding changes. Makes technical corrections.
Sepsis treatment guidelines. Requires a hospital to adopt, implement, and periodically update evidence based sepsis guidelines for the early recognition and treatment of patients with sepsis, severe sepsis, or septic shock that are based on generally accepted guidelines. Exempts certain hospitals. Establishes the sepsis treatment guideline task force (task force). Assigns the task force certain duties concerning evidence based sepsis guidelines, best practices, education materials, and appropriate data measures. Requires the state department of health to prepare a report on the implementation of the sepsis guidelines.
Public safety officer contract negotiations. Requires a county, city, town, or township (unit) that does not have a procedure for resolution of an impasse in contract negotiations through alternative dispute resolution with an employee organization for the unit's police or fire department employees, to include in a written agreement entered into with the employee organization after June 30, 2019 that: (1) the parties to submit to nonbinding mediation if they fail to agree to a new agreement within one year after the existing agreement expires. (2) the agreement continue without any change in its terms and conditions until the earlier of the following: (A) The parties fail to reach an agreement after mediating the dispute, at which time the written agreement no longer binds the parties. (B) The date the parties execute a new written agreement.
Township government issues. Requires a township to prepare a capital improvement plan for at least the ensuing three years if the balance in certain capital improvement funds in the preceding year exceeds both of the following: (1) 150% of the township's annual budget estimate. (2) $200,000. Prohibits the township from collecting property taxes for certain capital improvement funds in the ensuing year unless the township has adopted a capital improvement plan. Allows a township to make a one time transfer of an excess balance or part of an excess balance between township funds. Provides that the transfer may not be completed until after the township adopts a capital improvement plan, if the township is required to adopt a capital improvement plan. Requires the transfers must be completed not later than September 1, 2020. Provides that if an eligible municipality petitions an adjacent township to accept the transfer of the territory of the eligible municipality that is within the transferor township, the legislative body of the adjacent township must accept transfer of the territory of an eligible municipality within two years (instead of one year) after the legislative body receives the petition. Repeals a provision that prohibits the transfer of territory from taking effect in the year before a federal decennial census is conducted.
Behavioral health professionals. Requires that the office of Medicaid policy and planning include a licensed clinical social worker, a licensed mental health counselor, a licensed clinical addiction counselor, and a licensed marriage and family therapist who meet certain qualifications as eligible providers for the supervision of a plan of treatment for a patient's outpatient mental health or substance abuse treatment services. Requires Medicaid reimbursement, upon approval from the United States Department of Health and Human Services, for: (1) clinical social workers; (2) marriage and family therapists; (3) mental health counselors; and (4) clinical addiction counselors; who work in federally-qualified health centers and rural health clinics.
Telepsychology. Allows a psychologist to use telepsychology. Requires the psychologist who uses telepsychology to ensure that confidential communications stored electronically cannot be recovered or accessed by unauthorized persons when the psychologist disposes of electronic equipment and data.
Apprentice plumbers. Allows an individual to register as a registered apprentice plumber and to work under a licensed plumbing contractor or journeyman plumber for one year, so long as the registered apprentice plumber has applied for acceptance into an apprenticeship program and is awaiting acceptance or has been placed on the program's waiting list. Provides that a registered apprentice plumber must discontinue working under a licensed plumbing contractor or journeyman plumber if certain events occur.
Cumulative capital improvement fund. Permits a local government unit to establish a cumulative capital improvement fund to provide money to purchase, lease, or pay all or part of the cost of electronic monitoring equipment used by a state or local community corrections program.
First steps program. Provides that, for purposes of determining a family's income under the first steps program, a family is presumed to have an income that is not more than 250% of the federal income poverty level if the family is receiving benefits under Medicaid, the Supplemental Nutrition Assistance Program (SNAP), or the Temporary Assistance for Needy Families (TANF) program. Requires the division of disability and rehabilitative services to review and revise the division's policy regarding make-up therapy sessions, including defining what constitutes a "make-up" or "missed" session, based on recommendations from the interagency coordinating council.
Construction permits. Provides that a local unit may not require, as a condition precedent to granting, issuing, or approving certain permits for any Class 1 or Class 2 structures, completion of work upon which the performance bond or other surety was obtained prior to recording the secondary plat. Provides that a local unit may not require, as a condition precedent to granting, issuing, or approving a certificate of occupancy for any Class 1 or Class 2 structure, the completion of work upon which the performance bond or other surety was obtained prior to recording the secondary plat, unless required under certain state building laws or another law to meet a local unit's basic needs for public health and safety. Requires a local governmental agency to issue certain permits to a person not later than 12 business days after the person has filed a completed application and meets all required conditions, in certain instances.
Over 65 property tax deduction. Increases the deduction limitation on the assessed value of an individual's real property, or mobile home or manufactured home which is not assessed as real property, if the individual is a disabled veteran or is at least 65 years of age on or before December 31 of the calendar year preceding the year in which the deduction is claimed. Increases the amount of the deduction for those individuals. Increases the adjusted gross income limitation for individuals that are at least 65 years of age.
Allen County substance abuse pilot program. Changes the date by which the administrator of the Allen County substance abuse pilot program must raise local funds in order to be allowed to expend state funds.
Property tax appeals. Requires a county or township official who receives a written appeal notice from a taxpayer to forward the notice to the county auditor, if the taxpayer raises a claim regarding a matter that is in the discretion of the county auditor. Provides that the county auditor is a party before the county property tax assessment board of appeals and for any appeal of the board's decision in an appeal related to a matter that is in the discretion of the county auditor. Specifies the notice that the Indiana board of tax review (Indiana board) must file with the tax court regarding the preparation of a certified record of the proceedings related to a petition for which judicial review has been sought. Repeals a statute requiring the Indiana board to recommend that parties settle or mediate any case pending before the board if certain conditions are met. Provides that certain burden shifting requirements do not apply if the assessment that is the subject of the review or appeal is based on substantial renovations or new improvements. Provides that "small claim" means an appeal where the parties have elected to proceed under the Indiana board's small claims rules. (Current law defines the term as an appeal of a final determination of assessed valuation that does not exceed $1,000,000.) Provides that a party must be able to elect out of the small claims rules.
Unemployment matters. Makes various changes to unemployment compensation law concerning confidentiality, the method of sending notices to claimants and employers, the cap on expenditures from the special employment and training services fund, employing units subject to the Federal Unemployment Tax Act, and appeals regarding seasonal determinations. Updates and eliminates outdated language. Makes technical corrections.
County highway engineer's salary. Increases the state subsidy for a county highway engineer's annual salary. Makes an appropriation.
Local licensing and permitting. Provides that if a political subdivision requires a person to post a surety bond as a condition that the political subdivision issue a license or permit to the person, a surety bond posted by the person is considered sufficient if the following are satisfied: (1) The bond is written by a surety company authorized to transact business in Indiana. (2) The obligation on the bond is for an amount that is at least the amount required by the political subdivision for the issuance of the particular license or permit. (3) The obligee or obligees named on the bond are any of the following: (A) The political subdivision that requires the bond. (B) Specifically named political subdivisions in the county that include the name of the political subdivision that requires the bond. (C) All political subdivisions in the county in which the political subdivision that requires the bond is located. (D) All political subdivisions of the same kind as the political subdivision that requires the bond located in the county. (4) The conditions of the bond otherwise comply with the requirements of the ordinance that imposes the bond condition. Provides that a political subdivision may not require the obligation on a license bond to be more than $15,000. Provides that a person required to post a bond satisfies the posting requirement if the person files a copy of the bond with the political subdivision or appropriate agency of the political subdivision that requires the bond. Provides that a political subdivision may not require that the person record the license bond.
Going upon the premises of another. Amends the law providing that a person who goes upon the premises of another for certain purposes does not have an assurance that the premises are safe for the person's purpose. Specifies that the law applies to a person who goes upon the premises of another for the purpose of departing from a trail, greenway, or similar area.
Educational costs exemptions. Amends the eligibility requirements for educational costs exemptions for children of and certain individuals related to certain veterans. Provides that a spouse or dependent of a qualified veteran is eligible to pay the resident tuition rate of a state educational institution if certain requirements are met. Removes the following: (1) Provisions concerning cumulative grade point average requirements for individuals who qualify for an exemption because of a father or mother (or other relation for certain individuals) who enlisted or otherwise initially served in the armed forces of the United States after June 30, 2011. (2) A provision requiring the commission for higher education to consider other higher education financial assistance in determining the amount of an exemption. (Another provision in current law requires any other financial assistance specifically designated for educational costs to be subtracted from the amount an applicant is exempt from paying.) Repeals and relocates, with changes to the eligibility requirements, the following categories of individuals exempted from educational costs at state educational institutions: (1) Children or surviving spouses of public safety officers. (2) Children or spouses of members of the 1977 police officers' and firefighters' pension and disability fund who sustain a catastrophic physical personal injury in the line of duty. (3) Children and spouses of Indiana National Guard members who suffer a service connected death while serving on state active duty (including a provision that a determination as to whether an applicant is eligible for an educational costs exemption is vested exclusively in the military department and a provision concerning appealing a determination by the military department). (4) Purple Heart recipients (and adds individuals who were wounded as a result of enemy action). Repeals provisions that list tuition and fee exemptions and reductions outside of the higher education provisions. Makes conforming changes.
Vehicle weight. Allows the Indiana department of transportation and certain local authorities to issue a permit that allows for the transportation of: (1) material; (2) products; or (3) equipment; belonging to an electric cooperative in certain instances. Urges the legislative council to assign to an appropriate interim study committee the task of studying overweight divisible loads. Urges the legislative council to assign to an appropriate interim study committee the task of studying: (1) the use of automated traffic control systems in work zones; and (2) the use of special signaling devices on construction vehicles in critical work zones.
Survivor health coverage. Provides that, if the employer of a public safety officer who dies in the line of duty after June 30, 2019, offers health coverage for active employees, the employer shall offer to provide and pay for health coverage under the plan covering active employees for the surviving spouse and each natural child, stepchild, and adopted child of the public safety officer. Provides that health coverage for a surviving child continues: (1) until the child becomes 18 years of age; (2) until the child becomes 23 years of age, under certain circumstances; or (3) during the entire period of the child's physical or mental disability; whichever period is longest. Changes the application date from a death occurring after June 30, 2019, to a death occurring after December 31, 2017. Requires the department of local government finance to establish a state address confidentiality form to be used to restrict access to the home address of certain persons. Adds to the definition of "covered person" the surviving spouse of a covered person if the person is killed in the line of duty. Provides that the state address confidentiality form may be used when applying for address confidentiality.
Self-defense, defense of others, and firearms matters. Designates the following as voter registration offices: (1) Each office affiliated with the Indiana state police. (2) Each office affiliated with the sheriff of a county. (3) Each office affiliated with a municipal law enforcement agency. Provides immunity for a justified use of force in certain instances. Requires a court to award, in certain instances, reasonable attorney's fees and costs to a defendant when the justified use of force immunity is successfully raised. Permits a person who may legally possess a firearm to possess a firearm on school property if the person possesses the firearm: (1) as an employee or volunteer of a house of worship located on the school property; or (2) while attending a worship service or religious ceremony conducted at a house of worship. Increases the duration of a four year handgun license to five years. Provides that an individual may simultaneously hold both a five year license and a lifetime license. Requires a law enforcement officer to whom an application for a handgun license is made to consult available local, state, and federal criminal history data banks, including the National Instant Criminal Background Check System (NICS), when determining whether possession of a firearm by an applicant would be a violation of state or federal law. Modifies the fees for five year licenses beginning July 1, 2020. Makes conforming amendments.
Civics. Provides that as part of the United States government credit awarded for the general, Core 40, Core 40 with academic honors, and Core 40 with technical honors designation, each high school shall administer the naturalization examination provided by the United States Citizenship and Immigration Services. Requires an enhanced study of the Holocaust in each high school United States history course.
School materials for juvenile detainees. Provides that, if a child is or will be detained in a juvenile detention facility (facility) for more than seven calendar days, the school corporation must, upon the child's parent or facility's request, provide to the facility the school materials for the grade level or courses that the child is or would be enrolled in if the child were not detained. Requires the school corporation, upon the child's parent or facility's request, to deliver the school materials at least once every seven calendar days, excluding any days that are not student instructional days. Provides that the school corporation may provide the school materials in an electronic format. Provides that, except for the assessment of rental fees for curricular materials, the school corporation is responsible for the costs associated with preparing and delivering the school materials. Provides that the school corporation is not required to provide the school materials if the: (1) child is released from the facility; or (2) facility requests that the school corporation no longer provide the school materials. Provides that if a student is suspended, the student is required to complete all assignments and school work assigned during the period of the student's suspension. Provides that the principal or the principal's designee shall ensure that the student receives notice of any assignments or school work due and teacher contact information in the event the student has questions regarding the assignments or school work. Provides that a school is required to provide a student who is expelled with a list of available alternative education programs or virtual charter schools which the student may attend during the student's expulsion. Provides that if a student is expelled from school or from any educational function, the student's absence from school because of the expulsion provisions requiring compulsory school attendance if the student may enroll in: (1) an alternative education program in the county or in a county immediately adjacent to the county containing the school corporation from which the student was expelled; or (2) a virtual charter school if the student does not enroll in a program or virtual charter school during the student's expulsion.
Kinship care navigator report. Requires the department of child services to annually issue a report to the general assembly concerning the kinship care navigator program.
Revised uniform athlete agents act. Makes the following changes to the statute concerning athlete agents to reflect changes made in the Revised Uniform Athlete Agents Act: (1) Amends the definition of "athlete agent". (2) Defines the term "interscholastic sport" and specifies that for purposes of the statute, a "student athlete" includes an individual who engages in an interscholastic sport. (Current law provides that a student athlete includes only individuals engaging in intercollegiate sports.) (3) Requires an applicant for registration as an athlete agent to provide on the applicant's application specified information concerning any means of communicating electronically with the applicant. (4) Recognizes the rights of parents or guardians of a student athlete regarding entering into a contract with an athlete agent, when the student athlete is a minor. (5) Requires an applicant for registration as an athlete agent to provide certain additional information. (6) Requires additional information to be included in an agency contract. (7) Provides for additional requirements when communicating the existence of an agency contract to an educational institution. (8) Allows athlete agents certified in a particular sport by a national association that promotes or regulates intercollegiate athletics, and establishes eligibility standards for participation by a student athlete in the sport, to cover limited expenses of a prospective or enrolled student athlete and the student athlete's family under certain circumstances. (9) Expands criminal liability for athlete agents if the athlete agent encourages an individual to take or assist in taking an unlawful action.
Municipally owned utilities. Provides that all rates, charges, and other fees for services rendered by a municipally owned utility (other than services rendered by a municipally owned sewer utility or by a department of public utilities for a consolidated city) to property occupied by someone other than the owner are payable by the person occupying the property if the account or other customer or billing records maintained by the utility for the property indicate that: (1) the property is occupied by someone other than the owner; and (2) the person occupying the property is responsible for paying the rates, charges, and fees. Provides that upon applying for utility service from a municipally owned utility, the person occupying the property shall provide the utility with the name and contact information of the owner or manager of the property. Provides that rates, charges, and fees assessed by a municipally owned utility with respect to property occupied by someone other than the owner do not constitute a lien against the property. Specifies that these provisions do not: (1) prohibit a municipal legislative body from imposing any requirement to: (A) ensure payment by; or (B) the creditworthiness of; the person occupying the property; or (2) abrogate or limit the authority of the owner of a multi-unit building to engage in electrical submetering.
Mobile integration healthcare. Provides that the office of the secretary of family and social services may reimburse certain emergency medical services provider agencies for covered services provided to a Medicaid recipient as part of a mobile integration healthcare program. Amends the definition of "emergency medical services" to include transportation services, acute care, chronic condition services, or disease management services as part of a mobile integration healthcare program. Provides that the emergency medical services commission (commission), in consultation with the state department of health, may develop a mobile integration healthcare program and approve mobile integration healthcare program applications. Sets forth requirements of the commission concerning the mobile integration healthcare program. Provides that the commission may establish and administer a mobile integration healthcare grant and establishes the mobile integration healthcare grant fund.
School financial matters. Requires the superintendent of a school corporation to submit a written report to the local board of finance for the school corporation. Provides that the report must assess the financial condition of the school corporation using certain fiscal and qualitative indicators. Provides that the report must be received and reviewed at the annual meeting of the local board of finance for the school corporation. Urges the legislative council to assign to the appropriate interim study committee the task of identifying and studying best practices in: (1) the governance structure and oversight of tax increment financing to promote transparency and economic development in Indiana; and (2) reporting mechanisms between local government units to facilitate better collaboration and decision making.
Substance abuse prevention grant programs. Provides that the division of mental health and addiction may establish and administer the: (1) community and faith based substance abuse programs grant; and (2) community and faith based substance abuse transportation assistance grant program. Sets forth requirements for the grants.
School intergenerational safety pilot project. Establishes the school intergenerational safety pilot project (project) to foster positive youth development through intergenerational relationships between individuals who are at least 55 years of age and students and to improve school safety. Provides that the project expires July 1, 2021. Provides that a school corporation selected by the department of education is eligible to receive a grant from the Indiana safe schools fund to administer the project.
Child support modification. Defines, for purposes of child support modification, an order with respect to child support.
Child fatality report information. Specifies that the report concerning child fatalities in Indiana must be completed before December 31 of each year for the preceding calendar year and include information concerning whether the death occurred: (1) while the child was placed in foster care; or (2) after the child, who was once placed in foster care, was returned to a natural parent.
Forensic medicine. Establishes the office of forensic medical studies as a division of the state police department. Requires the state police department, in consultation with the Indiana State Coroner's Association, Indiana Sheriff's Association, and coroner's training board, to study the need for a state medical examiner, and provides that the department may employ a physician to assist with the study. Specifies the qualifications of a person who may perform an autopsy.
Children's commission report and DCS human trafficking coordinator. Changes, from July 1 to September 1, the date by which the commission on improving the status of children in Indiana (commission) must submit its annual report. Requires the commission to study the topic of the department of child services employing a human trafficking coordinator. Removes an expired provision.
Campaign finance reports. Requires candidates for legislative offices to file campaign finance reports electronically.
Utility transmission improvements and costs. Amends the statute concerning transmission, distribution, and storage system improvements charges (TDSIC) for electric and gas utilities to provide that for purposes of the statute, "eligible transmission, distribution, and storage system improvements" include: (1) projects that do not include specific locations or exact numbers; and (2) advanced technology investments. Provides that a public utility's required plan under the statute (defined under the new provisions as a "TDSIC plan") must cover a period of: (1) at least five years; and (2) not more than seven years. Requires a utility to update its TDSIC plan at least annually. Provides that an update to a TDSIC plan may include new projects or improvements. Specifies that a targeted economic development project may include a project related to the provision of electric service. Provides that a utility may: (1) terminate a TDSIC plan upon 60 days notice to the utility regulatory commission (IURC); and (2) petition the IURC for approval of a new TDSIC plan. Provides that a utility that terminates a TDSIC plan must petition the IURC for review and approval of the public utility's basic rates and charges with respect to the same type of utility service before the original expiration date of the terminated plan. Provides that eligible transmission, distribution, and storage improvements receiving TDSIC treatment before termination of the plan shall continue to receive TDSIC treatment after termination of the plan until a final order in the public utility's next general rate case is issued. Provides that for purposes of the provision prohibiting the IURC from approving a TDSIC that would result in an average aggregate increase in a public utility's total retail revenues of more than 2% in a 12 month period, the IURC shall consider the combined 12 month revenue impact of the TDSIC approved under the terminated plan and the TDSIC approved under any new TDSIC plan. Changes the amount of time in which the IURC must hold a hearing and issue an order on a public utility's petition for a TDSIC from 90 days to 120 days. Sets forth required findings of the IURC in an order concerning new: (1) projects or improvements; or (2) targeted economic development projects; included in a utility's updated TDSIC plan.
Unemployment insurance matters. Includes in the definition of "employment", for the purposes of the unemployment compensation system, service performed by a driver who provides drive away operations, if the driver is employed by a state or local government entity, a federally recognized Indiana tribe, or a nonprofit organization. Excludes from the definition of "employment", for purposes of the unemployment compensation system, service performed by a driver who provides drive away operations when: (1) the vehicle being driven is the commodity being delivered; and (2) the driver has entered into an agreement with the party arranging for the transportation that specifies the driver is an independent contractor and not an employee.
Professional licensing matters. Provides for an annual renewal process for appraisal management companies. Changes the designation of certified dietician to licensed dietician. Allows for a hearing aid dealer in training to fit or dispense hearing aids while under the supervision and direction of an individual who holds a temporary or valid hearing aid dealer certificate of registration. Defines a conviction of concern. Amends a provision concerning the way a conviction for a crime of concern affects an individual with a professional license or certification. Removes a provision that requires a dental hygienist to obtain and maintain a national provider identifier number. Allows for the state board of dentistry (board) to issue dental residency permits and dental faculty licenses. (Current law allows for the board to issue limited dental residency permits and limited faculty licenses.) Removes a provision that prohibits an Indiana dental school from having more than 10% of its full-time faculty licensed with an instructor's license. Makes various changes to provisions concerning how a conviction for a crime of concern affects an individual with a professional license or certification.
State fair. Reorganizes the state fair board (board) member districts. Provides for the transition and retention of current board members. Adds: (1) the director of the Purdue University cooperative extension service and an appointed member of the state fair board (board) as voting members of the state fair commission (commission); and (2) the chairperson and vice chairperson of the state fair advisory committee and a community representative as nonvoting members of the commission. Provides that not more than two members of the commission may be from the same district. Provides that the commission and the board shall ensure that the state fair (fair) is held annually. Specifies that the commission is responsible for all contracts related to the fair. Provides that statewide organizations may be certified by the department of agriculture (department) as eligible to vote in a state fair district election. Requires the department to maintain a list of organizations on the department's Internet web site that are certified to vote in a district election. Requires the director or an employee of the department designated by the director to preside over a district convention. Allows certain individuals to act as observers during the counting of the ballots. Requires the department, after the results of the election have been certified, to: (1) destroy the ballots; and (2) preserve the tally papers. Specifies responsibilities for the commission and board concerning the state fair and the fairgrounds. Repeals statutes concerning the center for agricultural science and heritage. Establishes the committee for agricultural science and heritage to advise the commission. Specifies that both the board and commission are state agencies for purposes of the Indiana tort claims act. Makes conforming changes.
Grants from state disaster relief fund. Provides that the maximum amount that an individual may receive from the state disaster relief fund (fund) as compensation for damages to the individual's property is $10,000. (Current administrative rules provide that the maximum amount is $5,000.) Voids provisions in the Indiana Administrative Code that set forth a maximum compensation amount of $5,000. Directs the department of homeland security to amend, before July 1, 2020, the administrative rule concerning the fund to reflect a maximum compensation amount of $10,000 for individuals.
Property tax matters. Provides that if a for-profit land developer acquires land in inventory from a school corporation or a local unit of government, the land in inventory shall be assessed as agricultural land at the agricultural land base rate on the first assessment date immediately following the date on which the land developer acquires title to the land in inventory, and thereafter the land in inventory is subject to the usual provisions for reassessment of a land developer's land in inventory. Restores the property tax exemption for certain real property that is acquired for the purpose of erecting, renovating, or improving a single family residential structure that is to be given away or sold: (1) in a charitable manner; (2) by a nonprofit organization; and (3) to low income individuals who will use the land as a family residence. Provides a property tax exemption for assessment dates occurring after December 31, 2016, for certain property owned by an Indiana nonprofit public benefit corporation exempt from taxation under Section 501(c)(3) of the Internal Revenue Code if: (1) the property is used in the operation of a nonprofit health, fitness, aquatics, and community center; and (2) the acquisition and development of the property are provided in part under the regional cities initiative of the Indiana economic development corporation. Allows a refund for any property taxes paid in 2018 and 2019 for property that qualifies for the exemption.
Terrorism. Repeals and replaces in a new article the offense of: (1) possession, use, or manufacture of a weapon of mass destruction; (2) agricultural terrorism; (3) terroristic mischief; and (4) terroristic deception. Specifies that "terrorism" includes the unlawful threat or use of force to affect the conduct of a government. Makes providing material support to a terrorist a Level 5 felony, and increases the penalty to a Level 2 felony if the material support includes the commission of a felony or if the act of terrorism is reasonably likely to cause serious bodily injury to another person. Makes concealing or harboring a person who has committed a terrorist act a Level 6 felony, and increases the penalty to a Level 3 felony if the terrorist act resulted in serious bodily injury or death. Makes committing a criminal offense with the intent to benefit a terrorist organization or to increase the person's standing in a terrorist organization a Level 5 felony, and increases the penalty to a Level 3 felony if the offense involves the unlawful use of a firearm or a weapon of mass destruction. Provides that a person who commits an offense with the intent to assist another person in the commission of a felony terrorist offense is subject to an additional sentence enhancement equal to the sentence imposed for the underlying offense. Specifies that a person commits intimidation if: (1) the threatening communication places a person in fear that certain threats will be carried out; or (2) if the threatening communication is made to a person other than the person who is the subject of the threat. Enhances the penalty for intimidation if the threat relates to a person's occupation. Defines "police radio mobile application" as an application installed on a mobile device that allows a person to listen to the contents of traffic carried on police radio frequencies. Provides that a person who possesses or uses a police radio mobile application: (1) while committing a crime; (2) to further the commission of a crime; or (3) to avoid detection by a law enforcement agency; commits unlawful use of a police radio, a Class B misdemeanor.
State police supplementary death benefit. Provides that the state police department may not use a deceased employee beneficiary's retirement date with the department as a factor in determining the amount of the deceased employee beneficiary's supplementary death benefit.
Eminent domain for nonpublic uses. Amends the statute concerning the use of eminent domain to acquire real property for nonpublic uses to provide that the requirement that a condemnor compensate the owner of residential property acquired under the statute in the amount of 150% of the fair market value of the property applies: (1) only to residential property occupied by the owner as a residence, in the case of an eminent domain proceeding: (A) initiated before July 1, 2019; and (B) with respect to which the fair market value of the parcel has been determined before July 1, 2019; and (2) to all residential property, regardless of whether the property is occupied by the owner as a residence, in the case of an eminent domain proceeding initiated: (A) after June 30, 2019; or (B) before July 1, 2019, and with respect to which the fair market value of the parcel has not been determined before July 1, 2019. Defines "residential property" for purposes of the statute.
Women's suffrage centennial commission. Establishes the Indiana women's suffrage centennial commission (commission). Provides that the commission shall seek to promote activities that commemorate the passage of the Nineteenth Amendment to the Constitution of the United States. Establishes the Indiana women's suffrage centennial commission fund to pay for special projects of the commission.
Election cyber security. Defines "VSTOP" (the "voting system technical oversight program") in the election code. Requires the election division to, if a voter registration record does not contain a date of birth or a birth 115 years or more, to request the information from the bureau of motor vehicles. Requires the secretary of state to establish proficiency standards for individuals who are authorized to access the statewide voter registration file. Requires such individuals to meet the proficiency standards in order to access the file. Sets forth requirements to be met before delivery of an electronic poll book. Requires the county election board (rather than the inspectors), teams that meet specified requirements, or commercial delivery entities to deliver voting systems and electronic poll books to precincts and vote centers and sets requirements. Requires counties to consider relevant factors to ensure the security of polling locations. Provides that a county election board is responsible for ensuring that all electronic poll books are dedicated devices to be used only for their intended purpose and for no other activity. Provides that software not needed for the essential purpose of running the electronic poll book may not be installed on an electronic poll book. Revises the procedure for selection of machines of voting systems for testing before an election and sets time frames. Provides that after December 31, 2029, a county may not use an electronic voting system that does not have a voter verifiable paper audit trail. Provides that each application for certification of an electronic poll book must be accompanied by a fee of $1,500. Requires these fees to be deposited in the voting system technical oversight program account. Increases the application fee for certification of voting systems from $1,500 to $5,000. Requires voting system vendors to conduct annual background checks on certain employees. Requires voting system vendors to report certain information relating to malfunctions of the voting systems. Sets forth requirements of correcting a ballot. Adds information required in the VSTOP evaluation report given to the secretary of state for electronic poll books. Adds certain information that must be reported by the vendor of an electronic poll book relating to an anomaly or problem with the electronic poll book. Provides that the following information is confidential: (1) administrative or technical information that would jeopardize a voting system or voter registration system; (2) infrastructure records that disclose the configuration of a voting system or voter registration system critical infrastructure; (3) resolutions adopted by a county election board to establish security protocols for elections systems; and (4) the inventory of voting systems and electronic poll books maintained by the VSTOP. Requires license branches to transmit electronically scanned copies of voter registrations.
Health provider ethical exemption. Includes: (1) nurses; (2) physician assistants; and (3) pharmacists; in the prohibition from being required to perform an abortion or assist or participate in procedures intended to result in an abortion if the health care provider objects to the procedures on ethical, moral, or religious grounds. (Current law applies only to physicians and employees.) Adds a prohibition on requiring certain providers to prescribe, administer, or dispense an abortion inducing drug.
Unlawful indemnity agreements. Provides that the law concerning indemnity agreements in construction or design contracts applies to certain design-build contracts. Specifies that "sole negligence" for purposes of liability under a construction or design contract does not include: (1) vicarious liability; (2) imputed negligence; or (3) assumption of a nondelegable duty. Specifies that provisions in certain professional services contracts requiring indemnification or defense of a promisee for liability are void.
Occupational safety and health. Creates a new civil penalty for certain occupational safety and health violations.
Public defenders. Authorizes the Indiana public defender commission to create guidelines and requirements pertaining to a multicounty public defender's office. Authorizes a county executive to adopt an ordinance that allows the county to enter into an interlocal agreement with one or more counties for the purpose of: (1) creating a multicounty public defender's office; and (2) providing legal services to indigent persons located in the areas subject to the interlocal agreement. Requires interlocal agreements concerning indigent criminal defense to be administered by a joint board. Prohibits certain persons from acting as a member of a joint board. Specifies: (1) term limits; and (2) meeting requirements; for joint boards. Requires the auditor of one county belonging to an interlocal agreement to: (1) receive; (2) disburse; and (3) account for; all monies distributed to a multicounty public defender's office. Amends certain definitions. Makes conforming amendments.
Supported decision making. Requires that a person who files a petition for the appointment of a guardian for an incapacitated person or minor must inform the court what less restrictive alternatives were considered or implemented and, if less restrictive alternatives were not considered or implemented, the reason for the failure to consider or implement less restrictive alternatives. Provides for the use of supported decision making agreements for adults who need support and accommodations in making, communicating, and effectuating decisions.
Emergency communication disorder permits. Allows the department of education to issue an emergency communication disorder permit to an individual to serve the needs of certain students who are eligible for speech and language services. Provides that the director of a graduate program in communication disorders shall confirm to the department of education that an individual is complying with certain emergency communication disorder permit requirements. Requires the Indiana professional licensing agency, in consultation with the department of education, the office of educator effectiveness and licensing, the Indiana Council of Administrators of Special Education (ICASE), the Indiana Association of Public School Superintendents
County park boards. Makes changes to: (1) the procedure for a county to adopt an ordinance creating a department of parks and recreation (department); and (2) the composition of the county park board (county board). Requires that if the county fiscal body amends the ordinance that created a department as to the members of the county board, the amended ordinance must provide that the composition of the members of the county board are selected in accordance with the remainder of the bill. Prohibits a county fiscal body (after December 31, 2019) from adopting an ordinance to create a department. Provides that, if the county fiscal body has not adopted an ordinance or has repealed the ordinance creating a department before January 1, 2020, the county executive may adopt an ordinance to create a department. Provides that in a county that has an ordinance that is in effect on June 30, 2019, the ordinance is unchanged unless amended or repealed by the county fiscal body and specifies that the county board in such a county is governed by the current law for the composition of the county board. Sets forth who may serve as an ex officio member of the county board created by the county executive using the procedure added by the bill. Makes conforming and stylistic changes.
School corporation operations fund levy. Provides for an increase in the maximum permissible operations fund levy for the North Spencer County School Corporation.
Teacher residency grant pilot program. Establishes the: (1) teacher residency grant pilot program (pilot program); and (2) teacher residency grant pilot program fund. Requires the commission for higher education (commission) to administer the pilot program. Provides that the commission may award grants to school corporations and charter schools that: (1) apply to participate in the pilot program; (2) partner with one approved postsecondary educational institution to establish and implement a teacher residency program (program); (3) submit a teacher residency plan that establishes a program that meets certain requirements; and (4) provide other information required by the commission. Provides that a school corporation or charter school that is awarded a grant under the pilot program: (1) shall provide stipends to program participants and teachers who act as mentors to program participants; and (2) may use money from the grant award to pay the approved postsecondary educational institution with which the school corporation or charter school has partnered for administrative costs incurred by the approved postsecondary educational institution in developing and implementing the program. Requires the commission to submit a report regarding the pilot program and the retention and performance of program participants.
Payment of court costs. Allows a court to reduce some or all of the court costs owed by a person who performs community service or approved uncompensated volunteer work by: (1) determining the number of hours of community service or volunteer work performed by the person; (2) multiplying the number of hours worked by the Indiana minimum wage; and (3) deducting that figure from the amount owed. Excludes from the calculation community service hours required to be performed under a plea agreement.
Teacher career ladders. Makes changes to the requirements necessary for a school corporation to receive a grant from the teacher and student advancement grant program (program). Provides that charter schools may receive grants under the program. Provides that not later than July 1, 2020, and each July 1 thereafter, the department shall submit a report to the governor and the general assembly regarding the program. Repeals provisions relating to the career pathways and mentorship program. Repeals provisions relating to the Indiana new educator induction pilot program.
Tourism development. Expires the office of tourism development (office) on July 1, 2020. Modifies the office's duties and administrative structure and transfers the duties to the Indiana destination development corporation (corporation) after June 30, 2020. Establishes the corporation as a public body corporate and politic and an instrumentality of the state. Provides that the corporation is governed by a board composed of the following individuals: (1) The governor or governor's designee. (2) The president of the Indiana economic development corporation or president's designee. (3) Five members of the private sector tourism industry, appointed by the governor. Sets forth the corporation's powers and duties. Makes corresponding changes.
Loss insurance. Allows the state board of animal health to purchase insurance to cover the loss and damages to the state of Indiana related to a prevalent animal disease incident.
Veteran status information data base. Requires the following questions to be included on applications for a driver's license or permit and for a state identification card: (1) "Have you served in the armed forces of the United States?". (2) "Are you the surviving spouse of someone who served in the armed forces of the United States or their reserves, in the National Guard, or in the Indiana National Guard?". Makes it optional for an applicant for a driver's license or permit and an applicant for a state identification card to answer the following questions set forth on applications for a driver's license or permit and for a state identification card: (1) "Have you served in the armed forces of the United States?". (2) "Are you the surviving spouse of someone who served in the armed forces of the United States or their reserves, in the National Guard, or in the Indiana National Guard?". Allows for the Indiana department of veterans' affairs to develop outreach programs for veterans and their families using information received from driver's license and permit applications and state identification card applications.
Abortion matters. Provides that a person may not knowingly or intentionally perform a dismemberment abortion unless reasonable medical judgment dictates that performing the dismemberment abortion is necessary to: (1) prevent serious health risks to the mother; or (2) save the mother's life. Provides that the penalty for performing a dismemberment abortion is a Level 5 felony. Provides that certain individuals: (1) may petition for an injunction; (2) may bring an action for the recovery of damages; and (3) are entitled to attorney's fees; if a dismemberment abortion is performed. Provides anonymity safeguards in court or administrative actions for a woman on whom a dismemberment abortion was performed. Amends the definition of "abortion complication".
Bunkhouse safety requirements. Defines "bunkhouse". Provides that, before January 1, 2021, the commission may adopt rules to exempt bunkhouses from being required to be equipped with an automatic fire sprinkler system.
Gas and oil well assessment. Provides for the imposition of a monetary penalty against owners of oil or gas interests who fail to timely file a property schedule for gas and oil well assessments.
Crimes involving synthetic drugs. Makes possessing or dealing in a substance that is a controlled substance analog an offense of the same level as possession of or dealing in the controlled substance of which the substance is an analog. Defines "substance represented to be a controlled substance" and establishes certain factors the trier of fact may consider to determine if a substance meets the definition. Repeals crimes concerning synthetic drug lookalike substances. Provides that convictions for synthetic drug offenses will, in certain cases, no longer be treated the same as marijuana offenses. Makes conforming amendments.
Various higher education matters. Changes the name of Bethel College to Bethel University and Manchester College to Manchester University and removes Saint Joseph's College with regard to the definitions of an "authorizer" of a charter school and an "approved postsecondary educational institution". Makes changes concerning the name of Purdue University Fort Wayne. (Current law references the university as Indiana University-Purdue University Fort Wayne.) Provides that: (1) the commission for higher education (commission) shall provide each high school in Indiana with the names of the students of that high school who have filed for financial aid if the high school has entered into an agreement with the commission; and (2) each Indiana high school shall enter into an agreement to allow the commission to share the information with the Indiana high school. Removes a provision that requires the insurance commissioner to deposit fees collected for certain insurance producer certificates into the insurance education scholarship fund (which is being repealed). Repeals provisions concerning the following: (1) Hoosier scholar award program. (2) Insurance education scholarship fund. (3) Teacher loan repayment program and fund. Repeals provisions that require: (1) the board of trustees of Indiana University to facilitate the development and operation of Indiana University-Purdue University Fort Wayne as a multisystem metropolitan university; and (2) each state educational institution to provide the commission with a report concerning participation in the senior citizen tuition exemption. Repeals provisions concerning the board of trustees of Indiana University and the Fort Wayne Art Institute. Repeals a provision that requires Ivy Tech Community College to enter into a lease with the owners of the Fort Wayne Regional Public Safety Center to further its partnership with certain entities to offer public safety related degree programs. Makes conforming changes.
Indiana criminal justice institute. Expands the possible recipients of grants from the Indiana criminal justice institute (institute) beyond a county government or the state government. Changes the institute's responsibility from administering sexual offense services, domestic violence programs, and assistance to victims of human sexual trafficking to administering funds to support those programs and services. Requires the state police department to establish, maintain, and operate an Internet web site containing a list of properties that have been used in the illegal manufacture of a controlled substance. Abolishes the institute's: (1) meth watch program; (2) responsibility for developing guidelines concerning reporting of methamphetamine abuse; (3) gang crime witness protection program; (4) gang crime witness protection fund; and (5) sexual assault victim advocate standards and certification board. Requires the institute to distribute certain funds to the statewide nonprofit sexual assault coalition as designated by the federal Centers for Disease Control and Prevention. Makes conforming amendments.
Charity gaming. Repeals the current charity gaming article and replaces it with a reorganized and revised charity gaming article. Raises the prize limits for when a qualified organization is not required to obtain a license for an allowable activity. Consolidates the current license types into an annual activity license, single activity license, convention raffle license, and annual affiliate license. Creates an expedited application processing fee. Repeals the door prize limits and qualified drawings. Renames the comprehensive charity gaming license to the annual affiliate license. Revises fee tables for license renewals.
Reserve police officer continuing education. Allows a county, city, or town law enforcement agency to provide continuing education to appointed police reserve officers.
Exemption from overtime pay. Provides that the requirement to pay an employee who works more than 40 hours in a work week at least 150% of the employee's regular rate for the overtime hours does not apply to an employee of an air carrier to the extent that the hours worked by the employee during a work week in excess of 40 hours are not required by the air carrier but are arranged through a voluntary agreement between employees to trade or reassign their scheduled work hours. Removes outdated language. Relocates language concerning the tip credit. Makes conforming amendments.
Sickle cell disease grant program. Requires the state department of health (state department) to do the following concerning the sickle cell disease program (program): (1) Develop standards for determining eligibility for individuals requesting care and treatment for sickle cell disease. (2) Assist in the development and expansion of care for the treatment of individuals with sickle cell disease. (3) Provide financial assistance to individuals with sickle cell disease for specified treatments. Specifies that in awarding grants under the program, the state department shall give priority to establishing sickle cell disease centers in underserved areas with a higher population of individuals with sickle cell disease. Specifies program requirements. Establishes the sickle cell chronic disease fund for purposes of funding the program. Requires the state department, with the assistance of specified groups, to prepare a biennial study of information concerning sickle cell disease in Indiana. Requires the study to be transmitted to the general assembly.
Marion County magistrates. Allows the Marion County superior courts to appoint 24 full-time magistrates after December 31, 2019, not more than 12 of whom may be from the same political party.
Telephone CPR instruction training. After July 1, 2020, requires an individual to complete a telephone cardiopulmonary resuscitation (T-CPR) training program (program) approved by the division of fire and building safety (division) if the individual: (1) answers 911 emergency medical telephone calls for a state or local law enforcement agency or fire protection agency, including a volunteer fire department (agency); and (2) is authorized by the agency's protocols to provide T-CPR instructions to a caller. Provides that the division may provide programs or third parties may provide programs that are approved by the division. Requires the division to: (1) adopt minimum standards for programs that meet or exceed evidence based nationally recognized emergency cardiovascular care guidelines; and (2) establish continuing education requirements. Allows the division to collect reasonable fees for providing programs and certifications that are deposited in the fire and building services fund. Sets forth certain requirements for a public safety answering point if a public safety answering point transfers a telephone caller to a public safety telecommunicator. Provides that a public safety telecommunicator who has completed a certified training program in emergency medical dispatch call handling is exempt from completing a T-CPR training program. Provides civil immunity for damages relating to the provision of T-CPR instruction. Makes a technical correction.
Study committee on protection of senior citizens. Urges the legislative council to assign to an appropriate interim study committee the task of studying certain issues concerning elder care.
Transfer of state real property. Requires the conveyance of certain real property by the state to the University of Evansville to remove restrictions on use of the property by the university that were required by legislation enacted in 1988 and 1997.
Medicaid waiver priority status for military child. Requires the office of the secretary of family and social services to apply, before July 1, 2019, to the United States Department of Health and Human Services for an amendment to the family and support services Medicaid waiver to create priority status on the waiver for a child of an active member or veteran of the armed forces or the national guard.
Medicaid coverage for doula services. Provides that Medicaid pregnancy services may include reimbursement for doula services.
Election audits. Allows the secretary of state to designate counties as risk-limiting audit pilot counties and sets forth a procedure for a county to follow to be designated as a pilot county to conduct risk-limiting audits. Provides for conducting election procedure audits after an election. Authorizes the secretary of state to adopt rules detailing procedures for such audits.
Water or sewer service for condominiums. Amends existing law to provide that: (1) a landlord; (2) a condominium association; or (3) a homeowners association; that distributes water or sewage disposal service from a water or sewer utility to one or more tenants, condominium units, or homeowners association members, as applicable, is not a public utility solely by reason of engaging in this activity if the landlord or association complies with certain billing and disclosure requirements. (Current law provides this exemption from public utility status only with respect to landlords distributing water or sewer utility services to tenants.)
Privacy and tracking of rape kits. Provides that a hospital or licensed medical services provider that provides forensic medical exams and additional forensic services to a victim (provider) is entitled to reimbursement from the victim services division of the Indiana criminal justice institute (division) if the provider initiates a claim for reimbursement through the sexual assault web based claims reimbursement and tracking system. Provides that personal information: (1) concerning a sexual assault victim; and (2) entered into the division's web based claims reimbursement and sexual assault examination kit tracking system; is confidential in certain instances. Provides that notification of a forensic sample's destruction may be provided by the division through the sexual assault web based claims reimbursement and tracking system. Requires law enforcement agencies and prosecuting attorneys to cooperate with the division by providing storage updates to the division via the sexual assault web based claims reimbursement and tracking system. Allows a victim to register for notifications concerning a sexual assault examination kit through the sexual assault web based claims reimbursement and tracking system. Defines certain terms. Makes conforming amendments. Makes technical corrections.
Cemetery perpetual care fund distributions. Provides that a cemetery perpetual care fund that is a trust may be converted into a total return unitrust (a trust from which the trustee pays out an amount computed as a percentage of the fair market value of the trust assets instead of paying out the income of the trust). Provides that the percentage used to compute the amount paid out from a perpetual care fund converted into a total return unitrust must: (1) represent a reasonable current return from the trust; (2) be agreed upon in writing by the trustee and the owner of the cemetery or ordered by the court having jurisdiction of the trust; (3) serve the purpose of the perpetual care of the cemetery; and (4) be not less than 3% or more than 5%. Prevents certain distributions from being made from a total return unitrust in certain instances. Provides that, except for withdrawals for the payment of expenses, all withdrawals from a trust converted into a total return unitrust must be devoted to the perpetual care of the cemetery, including the immediate maintenance needs of the cemetery.
INSPECT program. Moves existing language concerning the central repository for controlled substances data from Title 35 to Title 25 and makes conforming changes. Specifies that a practitioner may obtain information about a patient directly through the Indiana scheduled prescription electronic collection and tracking program data base (INSPECT data base) or through the patient's integrated health record. Decreases the instances in which a Class A misdemeanor is a violation to when a practitioner discloses confidential information without authorization. (Current law provides for a Class A misdemeanor for any violation of the chapter.) Provides for instances in which a practitioner is not required to obtain information from the INSPECT data base.
Safe schools. Provides that school corporations, charter schools, and accredited nonpublic schools with the sheriff for the county in which the school corporation, charter school, or accredited nonpublic school is located, may apply for a grant from the Indiana secured school fund to provide for the initial set up costs for an active event warning system. Requires guidelines published by the department of homeland security to include information about implementing: (1) universal electronic access to school property for law enforcement in all schools within each county; and (2) access to closed circuit cameras from a central location to be used in an emergency situation.
Misdemeanor penalties. Makes numerous misdemeanors civil infractions for the first offense. Repeals the crimes of vending machine vandalism and refusing to yield a party line. Increases the penalty for obstructing a medical person from a Class B misdemeanor to a Class A misdemeanor. Makes conforming provisions and repeals obsolete provisions.
Mental health professionals. Makes changes to the contact hours required for licensure in marriage and family therapy services. Removes references in behavioral health and human services licensing law to certified health care professionals. Specifies that the statutes concerning behavioral health and human services professionals may not be construed to limit addiction counseling performed by certain students, interns, and trainees studying in certain institutions. Requires an individual who is licensed as an addiction counselor or a clinical addiction counselor to: (1) display a counselor license or a clear copy of a counselor license at each location where the addiction counselor or clinical addiction counselor regularly practices; and (2) include certain information on the individual's professional marketing material. Changes certain educational and clinical experience requirements for a licensed addiction counselor and a licensed clinical addiction counselor.
Howard County magistrate. Allows the judges of the Howard circuit and superior courts to jointly appoint a magistrate to serve the Howard County courts.
Funeral licensee, life insurance, and human remains. Prohibits a funeral licensee from accepting payment by assignment of third party life insurance proceeds for at-need funeral services performed for more than the amount of the contracted funeral expenses arranged for by an authorizing agent. Changes the name of the crime "failure to report a dead body" to "failure to report the discovery or handling of human remains". Adds funeral director to the list of entities who can receive reports regarding the discovery or handling of human remains. Provides that a law enforcement agency shall assist in determining the cause, manner, and mechanism of death in certain circumstances. Provides that a coroner shall hold human remains until the investigation of how the person died and the medical investigation of the cause of death are concluded. Provides that a coroner shall: (1) notify a decedent's next of kin in a timely manner in certain circumstances; and (2) retain certain information until a decedent's next of kin has been located.
Local fetal-infant mortality review teams. Allows certain persons to establish a local fetal-infant mortality review team (review team) to review fetal deaths and infant deaths to gather information to improve community resources and systems of care. Sets forth duties of a review team. Specifies records related to a death that may be reviewed by the review team, access to the records, and confidentiality of the records. Requires the employment of a statewide fetal-infant mortality review coordinator and specifies duties of the coordinator. Requires a review team to submit a report before July 1 of each year to the state department of health concerning the reviews conducted by the review team. Provides certain civil and criminal immunity for review team members and certain individuals who attend meetings at the invitation of the chairperson of a review team.
Public construction. Increases, from $100,000 to $150,000, the ceiling under which a board of aviation commissioners or an airport authority board may perform certain public construction projects with its own workforce. Increases, from $75,000 to $150,000 the ceiling under which a county drainage board may obtain quotes rather than advertise for bids for certain projects under the drainage law.
Pension matters. Makes additional conforming changes with previous legislation for the purpose of allowing a retired member of PERF or TRF to make partial withdrawals from the member's annuity savings account. Rephrases provisions concerning the election to begin receiving PERF or TRF benefits while employed that applies to certain elected officials and other employees who have attained the age of 70. Rephrases the method for calculating service credit for leaves of absence taken by PERF members. Provides that money in the pension relief fund may be used for reasonable administrative expenses approved by the Indiana public retirement system. Rephrases certain provisions in the statutes governing the public employees' defined contribution plan and the teachers' defined contribution plan to remove references to the annuity savings accounts in PERF and TRF, which are no longer used to implement the two defined contribution plans. Adds the public employees' defined contribution plan and the teachers' defined contribution plan to the list of public pension and retirement funds that comprise the Indiana public retirement system. Provides that assets of the judges' retirement system and the prosecuting attorneys retirement fund are exempt from legal process and that a member may assign benefit payments only for certain medical insurance premiums and association dues for certain associations. Specifies that any postretirement benefit increase to the PERF part of a prosecuting attorney's retirement benefit has no effect on the part of the retirement benefit that is paid from the prosecuting attorneys retirement fund. Makes clarifying additions to certain provisions of the 1977 police officers' and firefighters' pension and disability fund relating to the purchase of service credit by or on behalf of members. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)
Ambulance service program membership. Increases from one year to five years the maximum period permitted for membership in an ambulance service program for the program to be exempt from regulation as an insurance product.
School safety equipment. Adds definition of a "bleeding control kit". Provides that, subject to an appropriation by the general assembly or a donation, each school corporation and charter school shall develop and implement a Stop the Bleed program (program). Provides that the department of education, in collaboration with the department of homeland security, shall develop and provide training for the use of bleeding control kits. Provides that, in all matters relating to the program, school corporation or charter school personnel are immune from civil liability for any act done or omitted in the use of a bleeding control kit unless the action constitutes gross negligence or willful or wanton misconduct. Requires a school's safety plan to include the location of bleeding control kits.
Identification through surgical implants. Allows a coroner to positively identify a dead person by tracking a unique identifying number on a surgically implanted medical device in the dead person's body.
Nonconsensual pornography. Defines "intimate image" and creates a civil cause of action against a person who discloses an intimate image without the consent of the individual depicted in the intimate image. Provides that a prevailing plaintiff may recover the greater of: (1) economic and noneconomic damages; or (2) statutory damages not to exceed $10,000; plus attorney's fees, court costs, and other relief, including injunctive relief. Establishes criteria to be used by the trier of fact in determining damages. Provides that an interactive computer service may not be liable for disclosing nonconsensual pornography.
Prescriptions. Allows certain prescriptions to be transmitted electronically. Requires dentists, physicians, advanced practice registered nurses, optometrists, physician assistants, and podiatrists to issue a prescription for a controlled substance in an electronic format and by electronic transmission after December 31, 2020. Provides exceptions to issuing an electronically transmitted prescription for a controlled substance. Requires the Indiana board of pharmacy to adopt rules concerning electronically transmitted prescriptions for controlled substances. Provides that dentists, physicians, advanced practice registered nurses, optometrists, physician assistants, and podiatrists are subject to disciplinary action for violating these provisions. Requires a pharmacy to transfer, upon the request of a patient, a prescription for the patient that the pharmacy has received but not filled to another pharmacy. Sets forth exceptions. Urges the legislative council to assign to an appropriate interim study committee the task of studying: (1) the advantages, disadvantages, and feasibility of requiring health care providers to issue prescriptions in an electronic format and by electronic transmission; and (2) any exceptions that would be needed to a requirement for health care providers to issue prescriptions in an electronic format and by electronic transmission. Makes conforming changes.
Victims of criminal acts. Provides that a new registration period may be imposed if a sex or violent offender fails to register or improperly registers as a sex or violent offender. Prohibits records held by the department of child services to be disclosed to any person who requests the record if it related to an ongoing police investigation or criminal prosecution. Provides that a parent, a guardian, or another representative may file a petition for an order for protection on behalf of a child against a person who engages in sexual grooming activity. Amends the definition of "crime of domestic violence". Creates a procedure where a victim of a sex crime and child victim of a sex crime can have their identity protected from the public. Provides that if a child less than 16 years of age is summoned to testify as a witness to any hearing in any criminal matter, the child shall be allowed to have a comfort item or comfort animal while testifying. Expands the list of offenses that may be prosecuted before a victim reaches 31 years of age to include all offenses of child molesting, vicarious sexual gratification, child solicitation, child seduction, sexual misconduct with a minor, and incest. Provides that a person commits the offense of domestic battery, as a Level 6 felony, if the person has a prior unrelated conviction for strangulation. Provides that a person commits the offense of strangulation, as a Level 5 felony, if the person has a prior unrelated conviction for strangulation. Provides that a person commits the offense of kidnapping, as a Level 4 felony, if it results in moderate bodily injury to a person other than the removing person. Provides that a person commits the offense of criminal confinement, as a Level 4 felony, if it results in moderate bodily injury to a person other than the confining person. Amends certain age requirements and adds enhanced offenses to the offense of child seduction. Provides that a person at least 18 years of age who knowingly or intentionally: (1) performs or submits to sexual intercourse or other sexual conduct with a child less than 16 years of age; or (2) performs or submits to any fondling or touching with a child less than 16 years of age with the intent to arouse or to satisfy the sexual desires of either the child or the older person; commits sexual misconduct with a minor. Prohibits a person who has a Class D felony conviction or a Level 6 felony conviction for domestic battery within the previous 15 years from petitioning the court to reduce the felony conviction to a Class A misdemeanor. Urges the legislative council to assign to an interim study committee the issue of depositions of child victims of sex offenses. Makes conforming amendments.
Importation of domestic animals from abroad. Provides that any person who transfers a domestic dog or cat from a foreign country into Indiana shall provide the recipient of the domestic dog or cat with a copy of the domestic dog's or cat's certificate of veterinary inspection or official health certificate. Provides that a person who receives a domestic dog or cat that is imported from a foreign country into Indiana shall submit to the state board of animal health a copy of the domestic dog's or cat's certificate of veterinary inspection or official health certificate not more than 30 days after receiving the domestic dog or cat. Permits a person to provide or submit an electronic copy of a domestic dog's or cat's certificate of veterinary inspection or official health certificate.
Probation and parole for animal abusers. Defines "animal abuse offense" and "companion animal", and establishes as a mandatory condition of probation and parole that a person convicted of an animal abuse offense may not own, harbor, or train a companion animal.
Professional development in accounting. Removes the requirement of a learning plan to be undertaken by a licensed accountant to maintain and improve professional competency. Specifies that there are only two options for license renewal for accountants.
Nonprofit property tax exemption. Provides a property tax exemption to a nonprofit corporation that owns real property in Marion County that was acquired for the primary purpose of using the real property as part of a community redevelopment project in an economically distressed area.
Water infrastructure assistance fund and program. Provides that money from certain sources in the water infrastructure assistance fund (fund) is continuously appropriated for the purposes of the law concerning the water infrastructure assistance program. Authorizes the authority to establish: (1) the interest rate; or (2) parameters for establishing the interest rate; on each loan made from the fund. Provides that a participant, to receive a loan, grant, or other financial assistance from the fund: (1) must have an asset management program; and (2) must demonstrate to the authority that it has a plan to participate with one or more other participants in cooperative activities. Provides that a participant, after receiving a loan or grant from the fund, must maintain its asset management program: (1) as long as the loan remains unpaid; or (2) during the useful life of the asset financed with the loan or grant. Requires a participant, if appropriate, to conduct or participate in efforts to determine and eliminate the causes of non-revenue water in its water distribution system. Requires the authority to establish a project prioritization system and project priority list for the purposes of awarding loans and grants from the fund. Requires the authority to set aside 40% of the fund for purposes of providing grants, loans, and other financial assistance to or for the benefit of utilities serving less than 3,200 customers. Authorizes the authority to provide advisory services to participants in connection with loans from the fund. Provides that, if appropriate, the authority shall require a participant receiving a loan or other financial assistance from the fund to establish and maintain sufficient user charges, fees, taxes, special assessments, or revenues to: (1) operate and maintain; and (2) pay the obligations of; its water or wastewater collection and treatment system. Authorizes the authority to make loans or provide other financial assistance from the fund to or for the benefit of a participant to establish guaranties, reserves, or sinking funds or for other purposes. Authorizes the authority, as an alternative to making loans or providing other financial assistance to participants, to use the money in the fund to provide a leveraged loan program and other financial assistance programs to or for the benefit of participants.
Voluntary preventative programs for juveniles. Provides that the Indiana supreme court may establish a two-year pilot program to assist juvenile court judges in five Indiana counties in providing voluntary preventative programs for at-risk children. Requires nonjudicial state agencies to assist the Indiana supreme court in the implementation of the pilot program. Requires the supreme court office of judicial administration to report to the legislative council specified information regarding the pilot program.
Reports on stress tests and risk assessments. Provides that: (1) the executive director of the Indiana public retirement system; and (2) the trustee of the Indiana state police pension trust; shall report to the interim study committee on pension management oversight on any stress tests or sensitivity analyses performed during a state fiscal year on the pension funds under their respective administration.
E-liquid container labeling. Eliminates a state requirement that an e-liquid manufacturer or a closed system vapor product manufacturer include certain information on an e-liquid container. Removes a duplicative provision that requires the label of an e-liquid container to indicate if the product contains nicotine.
Radon in schools. Requires the state department of health (department) to distribute a manual of best practices for managing indoor air quality at schools, including recommendations for radon testing, to the legislative council, the department of education, the facilities manager and superintendent of each school corporation, and the chief administrative officer of each accredited nonpublic school. Requires the department to revise and distribute the manual to each school every three years.
Prescription drug pricing study committee. Urges the legislative council to assign to the interim study committee on public health, behavioral health, and human services the task of studying issues consumers face related to prescription drug pricing, access, and costs.
Community corrections and credit time. Provides that the department of correction may adopt emergency rules concerning the deprivation of earned good time credit for a person who is placed in a community corrections program. Makes a technical correction.
Water and wastewater utilities and runoff. Establishes a storm water management task force to study issues related to storm water management systems. Provides for the task force to consist of: (1) two members of the senate; (2) two members of the house; and (3) other members appointed by the governor. Requires the task force to issue a report setting forth its findings and recommendations not later than December 1, 2019. Provides that the Indiana finance authority (IFA) shall coordinate the executive branch activities related to the state's water programs. Prescribes the duties of the authority in serving in this role. Requires the IFA to divide Indiana into study areas and to hold annual meetings with the officers and employees of the water and wastewater utilities located in each study area. Authorizes the utilities within a study area to meet voluntarily to determine area water and wastewater priorities, promote cooperation among the utilities, and consider other matters. Requires biennial reports from the utilities of each study area and from the IFA on the cooperative activities of the utilities. Provides that a utility applying to the IFA for a loan, a grant, or other financial assistance must demonstrate that its officers and employees have participated in study area activities. Requires every water utility, at least once in each calendar year, to perform an audit of its water distribution system to determine the causes of the water utility's "non-revenue water" (the difference between the amount of water entering the utility's distribution system and the amount of water received by the water utility's customers). In even-numbered years, requires the results of the annual audit to be verified by an independent evaluator and reported to the IFA and requires the IFA to issue a report concerning the audit results. Specifies that: (1) customer specific data, including information excluded from public access under Indiana's access to public records act; and (2) a required cybersecurity plan; submitted in connection with an application for a permit for a public water system or a wastewater treatment plant is exempt from the requirement that certain required analyses and plans must be made publicly available. Amends the definition of "customer lead service line improvement".
Collecting solid waste management district fees. Amends the solid waste management district law and the local government law to provide that, after June 30, 2019, a unit of local government may not enact an ordinance requiring a solid waste hauler or a hauler of recyclable materials to collect solid waste management fees and remit the fees to the board of a solid waste management district or a unit of local government.
Disabled Hoosier veteran license plate. Requires the bureau of motor vehicles (bureau) to redesign the disabled Hoosier veteran license plate. Specifies that a disabled Hoosier veteran license plate must consist of the following elements: (1) The display of an emblem denoting the branch of service in which the veteran served. (2) A depiction of a wheelchair to indicate the disabled status of the veteran. (3) The words "Disabled Hoosier Veteran" at the bottom of the license plate. (4) Identification numerals with consecutive numbers or letters, or both, to properly identify the vehicle. (5) Any other information the bureau considers necessary. Makes conforming technical amendments.
Historic preservation and rehabilitation grants. Provides that for purposes of the historic preservation and rehabilitation grant program, the term "person" includes a nonprofit organization or nonprofit corporation. Provides that the office of community and rural affairs may award a grant under the program to a nonprofit organization or nonprofit corporation if the historic property will be used by the nonprofit organization or nonprofit corporation for the organization's or corporation's purposes and functions. Increases the maximum amount of a preservation or rehabilitation grant (grant) from 35% to 50% of qualified expenditures, not to exceed the grant ceiling in current law of $100,000. Provides that a person is eligible for a grant if the qualified expenditures for preserving or rehabilitating the historic property exceed $5,000 (instead of $10,000).
Vanderburgh County magistrates. Allows the judge of the Vanderburgh circuit court to appoint an additional magistrate to serve the Vanderburgh circuit court. Allows the judges of the Vanderburgh superior court to jointly appoint an additional magistrate to serve the Vanderburgh superior court.
Disabled veterans parking placards. Requires the bureau of motor vehicles to design a parking placard that designates that the placard has been issued to a person who has been issued or is otherwise eligible to receive a disabled Hoosier veteran plate. Provides that the placard does not have an expiration date. Provides that a person who is qualified to receive a disabled Hoosier veteran plate and has been issued a permanent parking placard may not be charged a fee for parking in a metered space or assessed a penalty for parking in a metered space for longer than the time permitted.
Study of reckless homicide. Urges the legislative council to assign the task of studying the topic of reckless homicide to an appropriate study committee.
Noxious weed control. Adds common waterhemp, tall waterhemp, marestail, palmer amaranth, poison hemlock, powell amaranth, rough pigweed, and smooth pigweed to the list of detrimental plants that are required to be destroyed by certain persons under state law.
Building permits. Prohibits a building commissioner, building code official, or inspector for a local unit of government (unit) from issuing a building permit when the building commissioner, building code official, or inspector has a direct or indirect financial interest in the issuance of the permit. Requires a unit to adopt an ordinance to establish a procedure to address instances where a building commissioner, building code official, or inspector has a direct or indirect financial interest in the issuance of a permit.
State superintendent of public instruction. Amends the date on which the office of the state superintendent of public instruction is abolished. Provides for the appointment of the secretary of education by the governor beginning January 11, 2021. (Current law provides that the governor does not appoint the secretary of education until January 11, 2025.)
Direct sales. Excludes a direct seller from the definition of "employee" for purposes of the minimum wage law. Excludes services by direct sellers from the definition of "employment" under the unemployment compensation system.
Sentencing. Makes committing a controlled substance offense on the property of a penal facility or juvenile facility an enhancing circumstance. Makes it an aggravating circumstance that a crime was committed because of certain perceived or actual characteristics of the victim.
Fire protection district per diems. Increases the maximum amount (from $20 to $100) that a member of the board of fire trustees of a fire protection district may receive for each day that the member devotes to the work of the district.
Electronic filing and notice. Allows a person to use electronic filing or service instead of mailing in certain cases if electronic filing or service is authorized by rules adopted by the supreme court.
Anatomical gifts and individuals with disabilities. Prohibits certain health care entities from discriminating against potential transplant recipients solely on the basis of disability, and authorizes an individual to seek injunctive relief against an entity believed to be in violation of the law. Defines "covered entity". Defines "qualified recipient". Prohibits a state employee health plan, insurer, or health maintenance program from denying coverage for anatomical gifts, transplantation, or related treatment and services solely on the basis of disability.
Department of transportation matters. Removes a provision requiring each contract for highway work to be acknowledged before an officer authorized to administer oaths. Provides that a certificate of qualification issued by the department of transportation (department) is valid for a period of 24 months. Allows the department to adopt rules concerning eligibility and qualification requirements for bidders of contracts. Exempts the department from certain real property recording requirements. Makes conforming amendments.
Technical corrections. Resolves technical conflicts and addresses technical problems in the Indiana Code. Provides that the technical corrections bill may be referred to as the "technical corrections bill of the 2019 general assembly". Specifies that the title may be used in the lead-in line of each SECTION of another bill to identify the provisions added, amended, or repealed by the technical corrections bill that are also amended or repealed in another bill being considered during the 2019 legislative session. Provides the publisher of the Indiana Code with guidance concerning resolution of amend/repeal conflicts between the technical corrections bill and other bills passed during the 2019 legislative session. Specifies that if there is a conflict between a provision in the technical corrections bill and a provision being repealed in another bill, the other bill's repealer is law. (The introduced version of this bill was prepared by the code revision commission.)
Veterinary prescriptions. Limits the initial opioid prescription for an animal by a veterinarian to a seven day supply unless a listed exception applies. Allows a veterinarian to obtain information about the owner of the animal or the individual to whom an opioid or benzodiazepine will be dispensed for the animal from the Indiana scheduled prescription electronic collection and tracking (INSPECT) program data base before prescribing an opioid or benzodiazepine for the animal.
Coroner access to emergency contact data base. Provides coroners with access to the emergency contact data base.
Tippecanoe County superior court. Adds a superior court in Tippecanoe County.
Newborn screenings for health disorders. Requires, beginning July 1, 2020, newborns to be examined for the detection of: (1) Krabbe disease; (2) Pompe disease; and (3) Hurler syndrome.
Recognizing the impact of erosion on Indiana's Lake Michigan beaches and the need to identify long-term solutions.
A CONCURRENT RESOLUTION congratulating Dennis Goins for being named a "Mentor of the Year" as part of the 2019 Inspire Awards.
A SENATE RESOLUTION urging Congress to amend federal law concerning confidentiality of patient records.
A CONCURRENT RESOLUTION recognizing Indiana Dunes National Park.
Honoring Mr. Calvin Parham.
A CONCURRENT RESOLUTION congratulating Maureen McFadden's upcoming retirement from WNDU after nearly 40 years of service to the Michiana area.
A CONCURRENT RESOLUTION congratulating John Harkness on being named the 2018 Rural Teacher of the Year.
Congratulating and honoring Ms. Tatum Parker, a 2019 Top Youth Volunteer of Indiana.
Congratulating the Pilgrim Baptist Church in Fort Wayne, Indiana on its 100th anniversary.
A CONCURRENT RESOLUTION congratulating Emma Wilson on winning the 2018 Indiana High School Athletic Association ("IHSAA") individual girls cross country state championship title.
A CONCURRENT RESOLUTION congratulating Staunton Elementary School as a 2018 Blue Ribbon School Award recipient.
Honoring Mr. John S. Stafford.
A CONCURRENT RESOLUTION to congratulate the delegates to the 2019 Indiana YMCA Youth and Government Model Government Conference.
A SENATE RESOLUTION recognizing Makayla Stuck for her volunteer work with the Vigo County Youth Soccer Association TOPSoccer program.
Recognizing February 25 through March 3, 2019 as National Eating Disorders Awareness Week in 2019.
A SENATE RESOLUTION congratulating the Spirit of Life Church as it celebrates its 25th anniversary.
A SENATE RESOLUTION congratulating the Ben Davis High School Boys Bowling Team on their State Championship.
Celebrating Indiana Senior Day at the Indiana Statehouse on March 5, 2019.
Honoring Mr. John Edward Wilson.
Congratulating the Speedway High School girls softball team.
A CONCURRENT RESOLUTION recognizing Cummins, Inc. for 100 years of operation in the State of Indiana.
Recognizing the F and AM Masonic Lodge #341 in Greentown, Indiana.
A CONCURRENT RESOLUTION congratulating the Riverton Parke High School Academic Spell Bowl Team.
A SENATE RESOLUTION recognizing the F and AM Masonic Lodge #341 in Greentown, Indiana.
Memorializing Rising Sun Police Chief David Paul Hewitt.
Celebrating International Women's Day and recognizing the essential role of women in history during women's history month.
A CONCURRENT RESOLUTION recognizing the University of Southern Indiana UNITE CubeSat project team.
A CONCURRENT RESOLUTION recognizing the Bicentennial of Owen County, Indiana.
A CONCURRENT RESOLUTION urging the legislative council to assign to an appropriate interim study committee the task of assessing the laws and policies concerning the adjudication and rehabilitation of juvenile offenders.
A CONCURRENT RESOLUTION congratulating the New Palestine High School football team on winning the 2018 Indiana High School Athletic Association ("IHSAA") Class 5A state championship title.
A CONCURRENT RESOLUTION congratulating the Fort Wayne Bishop Dwenger High School football team on winning the 2018 Indiana High School Athletic Association ("IHSAA") Class 4A state championship title.
A CONCURRENT RESOLUTION recognizing the Indiana State Bar Association Leadership Development Academy.
A CONCURRENT RESOLUTION congratulating the New Palestine High School softball team on winning the 2018 Indiana High School Athletic Association ("IHSAA") Class 3A state championship title.
Recognizing the history of Bethel African Methodist Episcopal Church.
Congratulating Mr. Jesse Mendez on his 2019 state championship title in wrestling.
A SENATE RESOLUTION congratulating Donny and Kristin Jones on their 28th wedding anniversary.
A CONCURRENT RESOLUTION congratulating members of Delta Sigma Theta Sorority, Inc. on Delta Day at the Indiana State Capitol on this 26th day of February, 2019.
A CONCURRENT RESOLUTION recognizing February as Self-Care Awareness Month.
A CONCURRENT RESOLUTION congratulating Elaine Shomaker on the occasion of her 100th birthday.
A SENATE RESOLUTION recognizing Indiana Dance Company's performers in the America's Clogging All-Stars historical performance during the 2019 London New Year's Day Parade.
A SENATE RESOLUTION congratulating Isabella Errington on being named one of the Distinguished Finalists for Indiana's Top Youth Volunteers of 2019.
Recognizing the Indiana Association of Career and Technical Education Districts.
A SENATE RESOLUTION urging the legislative council to assign to an appropriate study committee the issue of criminal laws concerning fraud and deception.
Recognizing the Indianapolis Sister Cities program with Hangzhou, China.
A CONCURRENT RESOLUTION recognizing FFA and all of its work to advance the quality of agricultural education both locally and nationally.
A CONCURRENT RESOLUTION congratulating Judge Thomas Newman, Jr. upon his retirement from the Madison County Court as the longest-serving jurist in Indiana.
A CONCURRENT RESOLUTION recognizing the Indiana School Boards Association on the 70th anniversary of its founding.
Memorializing Matthew Allen English.
A SENATE RESOLUTION urging the legislative council to assign to the appropriate study committee the topic of medical reimbursement under worker's compensation for ambulatory surgical centers.
Congratulating and recognizing Emma Wright as the first state champion of Hobart High School's swimming program in Hobart, Indiana.
A CONCURRENT RESOLUTION to recognize and congratulate Will Cooke, M.D., as the 2019 Family Physician of the Year from the American Academy of Family Physicians for his contributions to Austin, Indiana; Scott County; and all Hoosiers.
Congratulating Mr. Steve Wallace as a successful song writer and for his many years of service to the city of Anderson and the state of Indiana.
A CONCURRENT RESOLUTION recognizing Indiana Arts Education Day at the Statehouse.
A CONCURRENT RESOLUTION recognizing the importance of career and technical education during Career and Technical Education Month.
A CONCURRENT RESOLUTION recognizing and honoring school staff, public safety officers, and city and county officials whose leadership and decisive action prevented harm to students and teachers during a Richmond, Indiana, school shooting.
A CONCURRENT RESOLUTION recognizing the Indiana Legislative Youth Advisory Council.
A CONCURRENT RESOLUTION congratulating the University of Southern Indiana women's softball team on winning the 2018 National Collegiate Athletic Association ("NCAA") Division II championship.
A CONCURRENT RESOLUTION memorializing Judith Ripley.
A CONCURRENT RESOLUTION honoring and recognizing Mr. Jerry Harkness for his professional basketball career and contributions to his community and the state of Indiana.
A CONCURRENT RESOLUTION recognizing the 2018 Castle High School archery team for an undefeated regular season and winning state, national, and world titles.
A SENATE RESOLUTION urging the Legislative Council to assign to an appropriate study committee the task of considering the enactment of the Uniform Regulation of Virtual Currency Businesses Act or other virtual currency regulation in the State of Indiana.
A CONCURRENT RESOLUTION recognizing the Indiana Region of the American Red Cross and the organization's contributions to Hoosier health and safety.
Urging the legislative council to assign to an appropriate study committee the topic of financial security in retirement for all Hoosiers.
A CONCURRENT RESOLUTION congratulating the Barr-Reeve girls volleyball team on winning the Indiana High School Athletic Association Class A State Championship.
A CONCURRENT RESOLUTION celebrating the 150th anniversary of the Indiana State Museum and Historic Sites Corporation and the Culbertson Mansion in New Albany, Indiana.
A SENATE RESOLUTION congratulating Keely Jones on her high school golfing career.
A CONCURRENT RESOLUTION to memorialize Dr. Alice Swenson Bennett and her contributions to her community.
A CONCURRENT RESOLUTION recognizing the 10th anniversary of Indiana's Statewide Cultural District Program.
A CONCURRENT RESOLUTION honoring the students and teachers of Project Lead the Way.
Celebrating Black History Month.
Concerning the use of daytime running lights or traditional vehicle headlights during daytime driving hours.
To recognize Hillsdale United Methodist Church of Kokomo, Indiana on the occasion of its 100th Anniversary.
A CONCURRENT RESOLUTION congratulating the Evansville North High School girls golf team on winning the 2018 Indiana High School Athletic Association ("IHSAA") state championship title.
A CONCURRENT RESOLUTION recognizing January as Human Trafficking Awareness Month.
A CONCURRENT RESOLUTION honoring the Oak Hill High School Golden Eagles on winning the 2018 Indiana High School Athletic Association ("IHSAA") Class 2A Boys Basketball Championship.
Recognizing the Eighth Annual Bill Johnson Black Film Festival.
Urging the legislative council to assign to the appropriate study committee the topic of requiring school corporations to include in the school's curriculum a study of the Holocaust for students in grades six through eight.
Urging the legislative council to assign to the appropriate committee the topic of Fair Tax at the state level.
Urging the legislative council to assign to the appropriate committee the topic of lowering the state income tax to 3.09 percent.
A SENATE RESOLUTION congratulating Morgan Moore on her acceptance to the Simultaneous Membership Program (SMP).
A SENATE RESOLUTION congratulating Keely Jones on her high school golfing career.
A SENATE RESOLUTION congratulating the Carmel High School Marching Band's third consecutive Bands of America national title.
Memorializing Erica Lee Frazier Stum.
A CONCURRENT RESOLUTION recognizing the many contributions of the motorsports industry to the city of Indianapolis and the state of Indiana.
A SENATE RESOLUTION honoring the Indianapolis Thunder beep baseball team on an exemplary season and their Beep Baseball World Series championship.
A CONCURRENT RESOLUTION congratulating the officers and crew of the USS Indiana (SSN 789) and future USS Indianapolis (LCS 17).
Commemorating Dr. Martin Luther King, Jr. Day.
A CONCURRENT RESOLUTION congratulating the Indiana Wesleyan University Wildcats on winning the 2018 National Association of Intercollegiate Athletics ("NAIA") Division II Men's Basketball National Championship.
Urging Indiana school corporations to permit a student to wear a dress uniform issued to the student by any active or reserve component of the armed forces of the United States or the National Guard while participating in the student's high school graduation ceremony.
A CONCURRENT RESOLUTION congratulating Julia Miller on achieving a perfect ACT score and her other academic accomplishments.
A CONCURRENT RESOLUTION congratulating Robert Greer on setting a new Indiana bench press record of 446 pounds.
A CONCURRENT RESOLUTION congratulating the Tabernacle Christian High School boys basketball team on winning the 2018 Indiana Association of Christian Schools ("IACS") Division I state championship title.
A CONCURRENT RESOLUTION congratulating the Tabernacle Christian High School boys soccer team on winning the 2018 Indiana Association of Christian Schools ("IACS") state championship title.
A SENATE RESOLUTION urging Governor Holcomb to recognize March as Amyloidosis Awareness Month.
A SENATE RESOLUTION honoring Michael Bertram for his accomplishments.
A CONCURRENT RESOLUTION to convene a Joint Session of the One Hundred Twenty-First General Assembly of the State of Indiana.
A CONCURRENT RESOLUTION to convene a Joint Session of the One Hundred Twenty-First General Assembly of the State of Indiana.
A SENATE RESOLUTION honoring Tracy Mann upon her retirement and thanking her for 28 years of exceptional service to the Indiana State Senate.
A SENATE RESOLUTION honoring Maureen Weingardt upon her retirement and thanking her for her years of exceptional service to the Indiana State Senate.
A CONCURRENT RESOLUTION to allow the House of Representatives and the Senate of the 121st General Assembly to adjourn and recess separately throughout the First Regular Session for periods in excess of three (3) consecutive days as the need, in the judgment of the Speaker of the House of Representatives and the President Pro Tempore of the Senate, respectively, may arise.
A SENATE RESOLUTION honoring Kye Hoehn upon her retirement.
A SENATE RESOLUTION honoring Senator Mike Delph upon his retirement from the Indiana State Senate.
A SENATE RESOLUTION congratulating Covenant Christian High School on being awarded the National Athletic Trainers' Association's Safe Sports School Award.
A SENATE RESOLUTION authorizing the Postmaster of the Indiana Senate to receive from the Postmaster of the City of Indianapolis all mail belonging to the Senate.