Prepared by: David Bottorff
Report created on March 28, 2024
 
HB1001STATE BUDGET. (THOMPSON J) 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. Requires a researcher to execute a data sharing agreement that is approved by the management performance hub to receive access to confidential records. Provides that the auditor of state is also known as the state comptroller. Provides that, after June 30, 2023, the auditor of state shall use the title "state comptroller" in conducting state business, in all contracts, on business cards, on stationery, and with other means of communication as necessary. Establishes the attorney general contingency fee fund. Establishes the: (1) state opioid settlement fund; and (2) local opioid settlement fund; into which funds received from opioid litigation settlements must be deposited. Provides that the office of the inspector general shall provide informal advisory opinions and that the opinions are confidential. Allows the budget committee to submit the budget report and budget bill or bills to the governor on or before the second Monday of January, or the third Monday of January in the year in which a gubernatorial election is held (instead of before that date). Requires the state personnel department to require a contractor, when contracting for health care coverage for state employees, to use value based coverage. Repeals a provision that makes a state general fund appropriation to the board of trustees of the Indiana public retirement system if the money available in the special death benefits fund is insufficient to pay death benefit claims. Allows the Indiana economic development corporation (IEDC) to certify an applicable tax credit that exceeds the maximum allowable amount after review by the budget committee. Provides that the regional economic acceleration and development initiative program expires June 30, 2026. Specifies that the county or municipality that did not approve the relocation of an outdoor advertising sign is responsible for compensation of the taking of the outdoor advertising sign. Provides that an owner may relocate an outdoor advertising sign that is subject to a pending eminent domain action. Allows an individual to claim an increased exemption amount for a dependent child in the first year in which the exemption amount may be claimed for the child. Reduces the individual income tax rate to 2.9% by 2027 and eliminates all trigger provisions in current law. Establishes the regional public safety training fund. Repeals provisions relating to the establishment of the: (1) Indiana homeland security foundation; (2) Indiana homeland security fund; and (3) fire training infrastructure fund. Allows certain members of the public employees' retirement fund or Indiana state teachers' retirement fund to file an election to begin receiving retirement benefits while holding a position. Changes the state police pre-1987 benefit and supplemental pension benefit calculation from being based on the sixth year of service to the fourth year of service. Repeals the public mass transportation fund. Repeals the financial responsibility compliance verification fund. Changes the number of years of service on which the salary matrix for state police employees is based to 15 years (instead of 20 years). Requires the department of correction to deposit the amount appropriated for the county misdemeanant fund by a county's multiplier. Requires the office of Medicaid policy and planning (office) to: (1) develop a schedule for the review of Medicaid reimbursement rates; and (2) provide a copy of the schedule to the budget committee; not later than November 1, 2023. Creates the residential water testing fund to test the water supply of an individual property owner of an eligible township. Requires the director of the state personnel department to submit a revision or adjustment to a pay plan developed for state employees to the state budget committee for review before the revision may take effect. Provides that the general assembly shall convene: (1) on the second Tuesday after the first Monday in June for the first regular technical session; and (2) on the second Tuesday after the first Monday in May for the second regular technical session. Provides that a technical session is not required to convene if the president pro tempore and the speaker jointly issue an order that convening is not necessary. Requires the general assembly to convene no later than the fourth Monday in January after organization day. Repeals provisions relating to emergency sessions and makes conforming amendments. Recouples the state earned income tax credit qualifications with the federal earned income tax credit qualifications under the Internal Revenue Code as in effect January 1, 2023. Requires a contractor that provides tangible personal property incorporated into real property in a project located in an innovation development district to maintain records of all state gross retail and use tax paid or collected during a state fiscal year. Adds state adjusted gross income taxes paid by an individual who is not an employee with respect to income received for services performed in an innovation development district for purposes of calculating income tax incremental amounts. Establishes the commission on improving the status of children fund to support the staffing and operations of the commission. Provides that a part of state user fees shall be deposited in the Indiana secured school fund. Repeals the distribution schedule for appropriations made for certain child development programs. Requires the department of local government finance to prepare an annual report and abstract concerning property tax data (instead of the auditor of state). Deletes reimbursement rate parameters for reimbursement of managed care organizations under the healthy Indiana plan. Extends the sunset of the collection of hospital assessment fees and health facility quality assessment fees from June 30, 2023, to June 30, 2025. Increases the total number of adult learner students at the Excel Centers for Adult Learners and Christel House DORS centers for whom the school may receive state funding. Establishes the Indiana education scholarship account donation fund to accept donations for administration of the Indiana education scholarship account program. Repeals the special education fund. Establishes a state tax credit for a taxpayer that makes certain qualified child care expenditures in providing child care to the taxpayer's employees. Extends provisions for the gasoline tax and the special fuel tax rates. Amends a statute concerning powers and duties of a regional water, sewage, or solid waste district established under prior law. Extends the sunset for the invasive species council and fund from July 1, 2023, to July 1, 2031. Prohibits school corporations and charter schools from charging a fee for curricular materials to students. Provides that the parent of a student or an emancipated minor who attends an accredited nonpublic school and who meets financial eligibility requirements may request reimbursement of fees charged for curricular materials. Establishes the curricular materials fund. Requires a county auditor to distribute a portion of revenue received from an operations fund levy imposed by a school corporation located in certain counties to certain charter schools (excludes school corporations that are designated as a dist
 Current Status:   5/4/2023 - Public Law 201
 State Bill Page:   HB1001
 
HB1013INDIANA DEPARTMENT OF HEALTH. (SNOW C) Changes references from the state department of health to the Indiana department of health. Provides directions for publication of affected provisions. Makes technical corrections. (The introduced version of this bill was prepared by the code revision commission.)
 Current Status:   4/20/2023 - Public Law 56
 State Bill Page:   HB1013
 
HB1212PRIVACY PROTECTIONS FOR NONPROFIT ORGANIZATIONS. (KARICKHOFF M) Defines "personal information" as data that directly or indirectly identifies a "person" (including an individual, a corporation, a limited liability company, a government entity, a partnership, a trust, an estate, or other entity) as a: (1) member or supporter of; (2) volunteer for; or (3) donor to; a nonprofit organization. With certain exceptions, prohibits a state agency (including an executive, judicial, or legislative branch agency, state educational institution, or body corporate and politic) or political subdivision from doing the following: (1) Requiring a person or nonprofit organization to provide personal information to the state agency or political subdivision. (2) Releasing, publicizing, or publicly disclosing personal information in the state agency or political subdivision's possession. (3) Requesting or requiring a current or prospective contractor or grantee to provide a list of nonprofit organizations to which the current or prospective contractor or grantee has provided financial or nonfinancial support. Provides that personal information is considered confidential and is not subject to disclosure under Indiana's access to public records act (APRA). Provides that a person alleging a violation of the bill's provisions may bring a civil action for injunctive relief, specified damages, or both. Provides that: (1) a public employee; (2) a public official; or (3) an employee or officer of a contractor or subcontractor for a public agency; who violates the bill's provisions is subject to the penalties and discipline that apply with respect to violations of APRA.
 Current Status:   5/4/2023 - Public Law 221
 State Bill Page:   HB1212
 
HB1315HOME WARRANTIES AND REGULATION OF RESIDENTIAL STRUCTURES. (MILLER D) Allows a builder to disclaim implied warranties for a new home that is first occupied by a person renting the home as a residence from the initial home buyer. Allows a builder to disclaim implied warranties on a model home in the same manner as a home that is first occupied as a residence. Prohibits regulation of a mobile home, a manufactured home, or an industrialized residential structure on private property (other than within a mobile home community) based on age. Allows the owner of a legal, nonconforming residential structure on private property that is damaged or destroyed to replace or repair the structure without losing legal nonconforming use status as long as the structure continues to be used for residential purposes. Provides that a comprehensive plan and ordinance in a county (other than Marion County) may not preclude the installation of manufactured homes that exceed a certain width (in addition to a certain square footage) as permanent residences on a lot on which any other type of dwelling unit may be placed. Provides that after June 30, 2023, a mobile home, a manufactured home, or an industrialized residential structure is not considered a new home or model home subject to the provisions concerning home warranties. Prohibits a county, city, or town from exercising its planning and zoning authority in a way that differentiates between fraternity and sorority houses on the sole basis of whether the fraternity or sorority is officially approved or recognized by the college or university.
 Current Status:   5/1/2023 - Public Law 137
 State Bill Page:   HB1315
 
HB1343OCCUPATIONAL REGULATIONS. (TESHKA J) Provides that all occupational regulations must be limited to those demonstrably necessary and carefully tailored to fulfill legitimate public health, safety, or welfare objectives. Requires each public agency to conduct a review of all occupational regulations within the public agency's jurisdiction not later than July 1, 2025. Provides that a public agency shall take certain actions to modify or repeal an occupational regulation that does not conform to these standards. Provides that after July 1, 2025, a person who engages in an occupation or profession to which an occupational regulation applies may file a petition for repeal or modification of the occupational regulation with the public agency having jurisdiction over enforcement of the occupational regulation.
 Current Status:   5/1/2023 - Public Law 142
 State Bill Page:   HB1343
 
HB1402SEWAGE MATTERS. (PRESSEL J) Provides that a wastewater utility that is not subject to the jurisdiction of the Indiana utility regulatory commission (commission) and that receives wholesale wastewater service from another wastewater utility may not: (1) disconnect from wholesale wastewater service provided by the other wastewater utility; and (2) construct a new wastewater treatment plant to serve its customers; unless the wastewater utility obtains the approval of the commission. Requires: (1) a regional sewage district; or (2) certain municipalities; at least 90 days before requiring the connection of a property to a sewer system and the discontinuance of use of the property's septic system, to notify the property's owner about a statutory exemption from the requirement to connect to the sewer system that may apply to the property. Requires the Indiana department of health to update: (1) all matters incorporated by reference in the Indiana department of health rules concerning residential onsite sewage systems (the rules); and (2) all industry standard practices reflected in the rules; upon the recognition of new bulletins, standards, specifications, and industry standard practices that supersede the bulletins, standards, specifications, and industry standard practices incorporated by reference or otherwise reflected in the rules. Provides that the technical review panel must approve the updates before the Indiana department of health may update the rules. Provides that a county, city, or town ordinance that would restrict or prohibit the use of technology new to Indiana that has been approved by the technical review panel or that would otherwise vary from the rules: (1) if adopted after June 30, 2023, is not effective unless it is submitted to and approved by the technical review panel; and (2) if adopted before July 1, 2023, becomes void and unenforceable on July 1, 2023. Allows such an ordinance: (1) to be readopted by the legislative body of the county, city, or town; and (2) to be submitted to and approved by the technical review panel. Prohibits the installation of a residential onsite sewage system less than 25 feet from the edge of a sinkhole. Provides that an ordinance adopted by a local health department requiring an inspection of a septic system that is more stringent than the Indiana department of health's rule concerning residential onsite sewage systems is void and unenforceable. Provides that if a qualified professional listed in this bill has approved the design and specifications for the residential onsite sewage system, the local health department shall issue a permit for the residential onsite sewage system not more than 30 business days after receiving a complete application for the permit. Provides that a residential onsite sewage system may be installed in a lot meeting a certain description if at least one site on the lot is determined to be suitable for the installation of the residential onsite sewage system. Prohibits an employee of a local health department from entering a property to inspect a residential onsite sewage system: (1) if qualified professional listed in the bill has notified the local health department within the preceding 180 days that the residential onsite sewage system is functioning properly; or (2) if the owner or occupant has not been notified of the inspection by first class mail at least seven days before the inspection date. Provides the procedures for an owner or occupant of a property in which the local health department has determined that a residential onsite sewage system is in failure to receive a second opinion in order to withdraw the local health department's order. Provides that an individual who: (1) is registered with at least one Indiana county to provide onsite sewage system service; and (2) is certified as an inspector or installer by the Indiana Onsite Wastewater Professionals Association is entitled to provide onsite sewage system service in any county in Indiana, but may be required to pay a county license or registration fee before providing onsite sewage system service in a county other than the county in which the individual is licensed.
 Current Status:   5/4/2023 - Public Law 232
 State Bill Page:   HB1402
 
HB1438PUBLICATION OF LOCAL GOVERNMENT NOTICES. (MILLER D) Provides that a towing service is subject to the same public notice advertising rates as a government agency if the service: (1) acts as an agent of a government agency; and (2) provides the notice required to dispose of abandoned vehicles or parts. Provides for the creation of a public notice task force (task force) to study notice publication statutes for the purpose of streamlining the process and maximizing value to Indiana citizens. Provides the following: (1) The task force must publish a report with its determinations and recommendations for legislation not later than December 1, 2023. (2) The task force expires December 31, 2023.
 Current Status:   4/20/2023 - Public Law 84
 State Bill Page:   HB1438
 
HB1647ATHLETIC TRAINERS. (MORRIS R) Amends the definition of "athletic trainer" to include an individual employed by an occupational facility to practice athletic training. Amends the definition of "athletic training" to include the diagnosis and rehabilitation of athletic injuries under the direction and supervision of a licensed physician, osteopath, podiatrist, or chiropractor, including the use of manual therapies related to the reconditioning of athletes, but not including joint manipulation of the spinal column. Defines "manual therapies" and "supervision". Changes the education standard for licensing by the board as an athletic trainer from the satisfactory completion of an academic program including certain accredited courses to: (1) obtaining a professional athletic training degree from a postsecondary educational institution that meets the academic standards established by the Commission on Accreditation of Athletic Training Education (CAATE); and (2) the successful completion of a Board of Certification, Inc. (BOC) examination. Provides that an individual may be exempted by the board from the examination requirement if the individual is certified by the BOC (instead of by the National Athletic Trainers Association) and authorizes the board to issue a temporary permit to practice as an athletic trainer to an individual who is practicing in a state that does not license or certify athletic trainers but is certified by the BOC (instead of by the National Athletic Trainers Association). Eliminates the requirement that the board contract with the National Athletic Trainers Association to conduct and score the qualifying examination for athletic trainers.
 Current Status:   5/4/2023 - Public Law 252
 State Bill Page:   HB1647
 
SB1BEHAVIORAL HEALTH MATTERS. (CRIDER M) Provides that, subject to certain procedures and requirements, the office of the secretary of family and social services may apply to the United States Department of Health and Human Services: (1) for a Medicaid state plan amendment, a waiver, or an amendment to an existing waiver to require reimbursement for eligible certified community behavioral health clinic services; or (2) to participate in the expansion of a community mental health services demonstration program. Requires the division of mental health and addiction to establish and maintain a help line: (1) to provide confidential emotional support and referrals to certain resources to individuals who call the help line; and (2) that is accessible by calling a toll free telephone number. Establishes the Indiana behavioral health commission (commission) and sets forth the commission's membership. Changes the name of the "9-8-8 crisis hotline center" to "9-8-8 crisis response center". Makes conforming changes.
 Current Status:   5/4/2023 - Public Law 162
 State Bill Page:   SB1
 
SB4PUBLIC HEALTH COMMISSION. (CHARBONNEAU E) Defines "core public health services" for purposes of public health laws. Adds members to the executive board of the Indiana department of health (state department). Removes a provision allowing the state department to establish branch offices. Provides that the state department may provide services to local health departments. Requires each local board of health to establish a local public health services fund to receive state funding. Provides a method of allocation of state funding to local boards of health, subject to state appropriations. Specifies the percentage of how additional funding may be expended on core public health services. Allows the local health department to enter into contracts or approve grants for core public health services. Allows the state department to issue guidance to local health departments. Requires the state department to make annual local health department reports available to the public. Changes the qualification requirements for a local health officer and requires certain training. Requires the state department to identify state level metrics and county level metrics and requires certain local health departments to report to the state department activities and metrics on the delivery of core public health services. Requires the state department to annually report on the metrics to the budget committee and publish information concerning the metrics on the Internet. Requires that a local health department post a position or contract for the provision or administration of core public health services for at least 30 days. Requires a local health department to provide certain education before administering a vaccine. Requires a multiple county health department to maintain at least one physical office in each represented county. Provides that a new city health department cannot be created after December 31, 2022, but allows current city health departments to continue to operate. Creates the Indiana trauma care commission. Allows a school corporation that cannot obtain an ophthalmologist or optometrist to perform the modified clinical technique vision test to conduct certain specified vision screenings. Requires the school to send to the parent of a student any recommendation for further testing by the vision screener. Allows for standing orders to be used for emergency stock medication in schools. Allows the state health commissioner or designee to issue a statewide standing order, prescription, or protocol for emergency stock medication for schools. Removes the distance requirement for an access practice dentist to provide communication with a dental hygienist. Repeals provisions concerning the Indiana local health department trust account.
 Current Status:   5/4/2023 - Public Law 164
 State Bill Page:   SB4
 
SB242FLOODPLAIN MAPPING. (LEISING J) Repeals the requirement that local floodplain administrators use the "best floodplain mapping data" as provided by the department of natural resources (department) and located on the Indiana Floodplain Information Portal when reviewing an application for a permit to authorize construction in or near a floodplain. Provides that, after June 30, 2023, a county or municipality may not issue a permit for construction activity in or near a floodplain unless the permit applicant is allowed to elect whether the local floodplain administrator will use: (1) the department's "best floodplain mapping data"; or (2) an engineering study provided by the permit applicant; in reviewing the permit application. Prohibits a local floodplain administrator from issuing a permit authorizing a structure or construction activity in or near a floodplain if the issuance of the permit will violate National Flood Insurance Program requirements. Provides that, after June 30, 2025, an individual may not serve as the floodplain administrator of a county or municipality unless the individual has successfully completed: (1) the Certified Floodplain Manager program of the Association of State Floodplain Managers; or (2) another course or training program for local floodplain managers that is approved by the Federal Emergency Management Agency or the department. Provides that a person that has: (1) an ownership interest; (2) a leasehold interest; or (3) a security interest; in a parcel of real property may at any time request a review by the department of the department's "best floodplain mapping data" that applies to the parcel of real property. Requires the department to conduct the review at no cost to the person requesting the review and to use a detailed hydrologic modeling method in conducting the review. Provides that: (1) if the person requesting the review has applied to a local floodplain administrator for a permit authorizing the construction of a structure or other construction activity on the parcel of real property; and (2) the department does not complete the review within 120 days after the review was requested; the person may elect whether the local floodplain administrator, in reviewing the person's permit application, will use the department's "best floodplain mapping data" or an engineering study provided by the person. Provides that, in the disclosure form that is adopted by the Indiana real estate commission and that must be submitted to a prospective buyer of real estate before the prospective buyer's offer is accepted, the owner of real estate must disclose the fact that all or a portion of the owner's real estate is located within a community's floodplain boundaries, as indicated in a Federal Emergency Management Agency Flood Insurance Rate Map, if the owner has personal knowledge of that fact.
 Current Status:   5/4/2023 - Public Law 175
 State Bill Page:   SB242
 
SB350PROFESSIONAL LICENSING. (RAATZ J) Provides that a unit may not regulate behavioral health and human services that are: (1) licensed or certified; or (2) exempted from licensure or certification; by the behavioral health and human services licensing board.
 Current Status:   5/1/2023 - Public Law 111
 State Bill Page:   SB350
 
SB414ONSITE WASTE MANAGEMENT DISTRICTS AND SEPTAGE HOLDING TANKS. (BYRNE G) Amends the definition of "onsite residential sewage discharging disposal system" to provide that the term includes a system that employs advanced treatment components to reduce the concentration of the pathogenic constituents of the effluent to an acceptable level before the effluent is discharged. Amends the law that prohibits the point source (i.e., above ground) discharge of treated sewage from a dwelling, which includes an exception to the prohibition for one particular county that has a onsite waste management district, to make the exception applicable to any onsite waste management district. Authorizes the adoption of rules or guidelines to provide guidance to a local health department that has jurisdiction in a county onsite waste management district and that is authorized to issue operating permits for onsite residential sewage discharging disposal systems that discharge effluent above ground. Provides that, if amending the National Pollutant Discharge Elimination System (NPDES) general permit issued by the department of environmental management (department) for the purposes of the county onsite waste management district law is necessary or advisable to enable new county onsite waste management districts to function properly and effectively, the department shall amend the general permit as soon as reasonably possible after June 30, 2023. Provides that septage that originates from a residential or commercial source may be held in one or more holding tanks of not more than 10,000 gallons until removed and transported from the site. Establishes requirements for septage holding tanks. Requires a permit from the local health department for the operation of a septage holding tank. Requires a septage tank owner to: (1) enter into a written contract with a septage management vehicle operator for regular removal of septage from the tank; (2) provide a copy of the contract to the local health department; and (3) provide proof to the local health department that the tank owner is regularly paying for the removal of septage from the holding tank. Requires a local health department to report to the department concerning the septage tanks in its jurisdiction, and authorizes the adoption of rules or guidelines concerning the reports.
 Current Status:   5/4/2023 - Public Law 192
 State Bill Page:   SB414
 
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