Defines: (1) "used motor vehicle"; (2) "used motor vehicle dealer"; and (3) "new motor vehicle dealer". Amends the following definitions: (1) "Automotive salvage recycler". (2) "Manufacturer". (3) "Motor vehicle". (4) "Dealer". (5) "Dealer owner". (6) "Transfer dealer". Repeals the definition of "record". Makes conforming changes to include references to "used motor vehicle dealer" and "new motor vehicle dealer" throughout IC 9-32. Provides that the secretary of state may extend: (1) dealer and dealer designee license plate expiration dates; and (2) dealer license expiration dates; in the event of a natural disaster or other emergency. Amends provisions concerning: (1) dealer license plate restrictions; (2) interim dealer or manufacturer license plates; (3) records; (4) offsite sales permits; (5) records of sale; (6) business records; (7) background checks; and (8) notifications of dealer owners and dealer managers. Repeals provisions about evidence of liability coverage. Removes the requirement that an application for a dealer license be signed by a dealer owner or dealer manager. Provides that the requirement to send in a franchise agreement for new motor vehicles or watercraft does not apply to manufactured homes. Specifies that a motor vehicle display is not an offsite sale. Provides that, after receiving a request from a person subject to an order issued by the secretary of state, the secretary of state must issue an order within 15 days of setting a hearing date. Establishes registration requirements for transport operators through the secretary of state. (Current law provides that transport operators register with the bureau of motor vehicles.) Provides that an out-of-state dealer licensed in a state other than Indiana and approved by the BMV may perform a vehicle inspection for purposes of issuing a certificate of title. Provides that an application for a certificate of title submitted only to remove a satisfied lien is not required to be accompanied by the previously issued certificate of title if the application is accompanied with certain documents. Provides that a security agreement is perfected when: (1) the record of the lien is electronically received by the BMV; or (2) the application for certificate of title is submitted to the BMV; as applicable. Provides that certain sections related to mobile credentials have an effective date of July 1, 2020. Provides that, except in certain instances, the secretary of state may only perform an audit or inspection when the secretary has provided at least three days notice to the dealer. Provides that a person may not knowingly or intentionally manufacture, import, install, reinstall, distribute, sell, or offer for sale a component intended to replace a supplemental restraint system component in a motor vehicle if the component: (1) is a counterfeit supplemental restraint system component; (2) is a nonfunctional airbag; or (3) does not comply with certain federal motor vehicle safety standards. Provides that a person may not knowingly or intentionally sell, lease, trade, or transfer a motor vehicle to an Indiana resident in which is installed, as part of the motor vehicle's supplemental restraint system a: (1) counterfeit supplemental restraint system component; (2) nonfunctional airbag; or (3) component that does not comply with certain federal motor vehicle safety standards. Delays until July 1, 2021, the effective date of certain automotive salvage recycler provisions from HEA 1482-2019 (P.L.284-2019).
Provides that: (1) licensed clinical social workers; (2) licensed mental health counselors; (3) licensed marriage and family therapists; and (4) licensed clinical addiction counselors; who have at least two years of experience in addiction treatment or hold an addiction credential are eligible supervisors for addiction based intensive outpatient treatments under Medicaid. Defines a community mental health center as a governmental unit for purposes of the required nonfederal share of medical assistance payments under Medicaid. Provides that a provider in an intensive outpatient treatment program is not required to be a licensed addictive counselor or clinical addiction counselor if specified conditions are met. Specifies that a recovery audit does not require documentation at the time of service for services provided in certain instances. Allows a supervising provider in a community mental health center to review documentation concerning: (1) a plan of treatment; or (2) specific treatment methods; not later than 30 days from the date of service. Sets forth requirements to demonstrate active treatment in developing a plan of treatment. Requires the division to provide best practice recommendations and to work with community mental health centers in a collaborative manner. Provides that documentation that is developed as part of an incident or death audit is confidential. Allows the division of mental health and addiction to grant a waiver of staffing requirements for community mental health center applicants. Provides that a licensed prescriber with prescriptive authority shall be counted when determining whether a community mental health center applicant meets certain staffing requirements for community mental health center certification. Requires a licensed clinical addiction counselor to be counted for certain staffing requirements of community mental health centers. Requires the division to develop a comprehensive appeals process under the mental health and addiction forensic treatment program not later than January 1, 2021. Provides advanced practice nurses with all of the supervisory rights and responsibilities of: (1) licensed physicians; and (2) health service provider in psychology (HSPP) psychologists; in certain instances if specified requirements are met.
Provides that for certain transactions involving a cargo trailer or recreational vehicle, the state gross retail tax rate is the rate of the nonreciprocal state or foreign country (excluding any locally imposed tax rates) in which the cargo trailer or recreational vehicle will be titled or registered, as certified by the seller and purchaser in an affidavit prescribed by the department of state revenue (department). Provides what information must be included in the affidavit prescribed by the department. Provides that the department shall create a certificate of sales tax paid form for a cargo trailer or recreational vehicle that may be completed by the dealer and provided to the purchaser of a cargo trailer or recreational vehicle sold in Indiana. Provides that the department may audit submitted affidavits and make a proposed assessment of the amount of unpaid tax due with respect to any incorrect information.
Specifies that an "adult" is: (1) a person at least eighteen years of age; or (2) a: (A) married minor who is at least sixteen years of age; or (B) minor that has been completely emancipated by a court; for the purpose of marriage. Raises the minimum age to marry from 15 years of age to 16 years of age. Provides that an individual 16 or 17 years of age may marry only if: (1) the individual's intended spouse is not more than four years older than the individual; (2) a juvenile court has issued an order allowing the individual to marry; and (3) the individual: (A) completes any premarital counseling required under the order; (B) applies for a marriage license not earlier than 15 days after the order is issued; and (C) includes a certified copy of the order with the individual's application for a marriage license. Repeals provisions requiring an individual less than 18 years of age to obtain consent to marry from the individual's parent or guardian. Specifies a process an individual 16 or 17 years of age must follow to petition a juvenile court for an order allowing the individual to marry, and specifies conditions necessary for approval of the petition and conditions requiring denial of the petition. Provides that a court that issues an order allowing an individual at least 16 years of age to marry must also issue an order completely emancipating the individual. Amends the list of records or documents an individual may submit to a court clerk as proof of the individual's date of birth for purposes of applying for a marriage license. Amends the law regarding petitions by minors for emancipation as follows: (1) Provides that a court hearing a minor's petition for emancipation must appoint a guardian ad litem for the minor. (2) Provides that the guardian ad litem shall investigate the statements contained in the minor's petition and file a report of the investigation with the court. (3) Provides that a court may grant a minor's petition for emancipation only if the court finds that emancipation is in the child's best interests. (4) Provides that if the court completely emancipates the child: (A) the child has all the rights and responsibilities of an adult; and (B) the emancipation order may not specify terms of emancipation. Provides that an emancipated child remains subject to: (1) Indiana law concerning minimum age for marriage; and (2) other specific constitutional and statutory age requirements applicable to the emancipated child because of the emancipated child's age. Makes conforming amendments.
Resolves technical conflicts and addresses technical errors in the Indiana Code. (The introduced version of this bill was prepared by the code revision commission.)
Requires the state advisory council on the education of children with disabilities (council) to develop a plan to inform: (1) certain former students who received a certificate of completion or another nondiploma certificate of recognition; and (2) certain former students who had an individualized education program, plan developed under Section 504 of the federal Rehabilitation Act, service plan, or choice scholarship education plan and who withdrew from school; of certain resources and opportunities. Requires the council to submit, not later than October 1, 2020, a copy of the plan to the general assembly.
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. Provides that a unit's obligation to provide insurance coverage for a volunteer firefighter or member of an emergency medical services personnel supersedes the obligation of another medical insurance carrier. Increases the maximum age for police officers to begin membership in the 1977 police officers' and firefighters' pension and disability fund from 35 to 39 years of age.
Provides that the governor's workforce cabinet (cabinet) shall, on or before December 1, 2020, create a comprehensive strategic plan to ensure alignment of Indiana's primary, secondary, and postsecondary education systems with Indiana's workforce training programs and employer needs. Requires the cabinet to include early childhood education in the cabinet's: (1) systematic and comprehensive review to determine whether Indiana's educational system is aligned with employer needs; and (2) comprehensive strategic plan to ensure alignment of Indiana's educational system with employer needs.
Allows the Honor and Remember flag to be displayed at each state office building, the Indiana veterans' cemetery, and each veterans cemetery managed by the Indiana department of veterans' affairs. Provides that the Honor and Remember flag may be annually displayed during the month of May. Allows the Honor and Remember flag to be displayed at any time by certain entities.
Amends the statute governing franchises as follows: (1) Specifies that the exemption from certain requirements of the statute that applies to a franchisor that sells no more than one franchise in any 24 month period applies with respect to the number of franchises sold by the franchisor in Indiana. (Current law does not specify where the franchise sales must have occurred in the 24 month period.) (2) Requires a person with a registered franchise to notify the securities commissioner (commissioner) of any material change in the information set forth in the person's required disclosure statement not later than 30 days after the occurrence of the event constituting the change, and sets forth specific events that constitute a material change. (3) Provides that the registration of a franchise with the commissioner is renewed at the time the registration would have expired unless the franchisor requests an earlier renewal date. (Current law does not allow for a franchisor to request an earlier renewal date.) (4) Provides that if a franchise registration form or registration renewal form is denied or withdrawn, the commissioner shall retain the amount of the fee submitted in connection with the form. (Current law provides that the commissioner shall retain $150 of the submitted fee.) Amends the statute governing continuing care contracts to provide that if a provider posts a letter of credit, negotiable securities, or a bond as an alternative to establishing an escrow account for the deposit of entrance fees, as otherwise required by the statute, the amount posted must be at least equal to the maximum amount of entrance fees reasonably anticipated by the provider to otherwise be subject to the escrow requirements. (Current law provides that the letter of credit, negotiable securities, or bond must be for an amount not to exceed the total amount of all entrance fees received by the provider before the date a resident is permitted to occupy a particular living unit.) Changes the term "interpretative" to "interpretive" in various provisions in the Indiana Uniform Securities Act (Act) with respect to opinions issued under the Act. Amends the statute concerning the licensing of collection agencies as follows: (1) Provides that the surety bond required to be submitted with a collection agency's original or renewal application for a collection agency license must be: (A) an electronic corporate surety bond that is: (i) filed by the applicant collection agency; (ii) satisfactory to the commissioner; and (iii) in an amount calculated to equal the sum of $5,000 for each of the collection agency's Indiana offices; and (B) filed through the Nationwide Multistate Licensing System. (2) Adds to the list of qualifications that apply to: (A) individual applicants for collection agency licenses; and (B) individual officers or members who actively manage collection activities for corporate or other applicants for collection agency licenses. (3) Specifies that the secretary of state shall issue forms and orders and adopt and enforce rules and regulations as advisable or necessary to carry out the statute. (Current law does not specify that the secretary of state shall issue forms and orders.) Makes technical corrections.
Provides that a permit is not required from the Indiana department of environmental management for the maintenance or reconstruction of a regulated drain in accordance with certain best management practices for purposes of the law concerning state regulated wetlands, as long as the work takes place within the current easement and the reconstruction does not substantially change the characteristics of the drain to perform the function for which it was designed and constructed.
Provides that the interim study committee on courts and the judiciary (committee) shall review, consider, and make recommendations concerning requests for new courts, new judicial officers, and changes in jurisdiction of existing courts in each even-numbered year. Specifies the information that must be provided to the committee with such a request. Provides that in each even-numbered year the committee shall: (1) identify each county in which the number of courts or judicial officers exceeds the number used by the county for a particular year; and (2) determine the number of years in which the number of courts or judicial officers in the county has exceeded the number used by the county. Requires the office of judicial administration to post the required information on its Internet web site. Establishes the Clark circuit courts No. 5 and No. 6, beginning January 1, 2025. Provides for the election of the judges of each of these circuit courts at the November 2024 general election. Establishes the Clark superior courts No. 5 and No. 6. Requires the governor to appoint the judge of each of these superior courts. Provides that each of these superior courts converts to Clark circuit courts No. 5 and No. 6 beginning January 1, 2025. Establishes a sixth circuit court in Delaware County. Removes the requirement that Delaware circuit courts No. 4 and No. 5 each have a standard small claims and misdemeanor docket. Establishes a third superior court in Marshall County. Allows the judges of the Gibson superior court and Gibson circuit court to jointly appoint a magistrate to serve the Gibson County courts. Allows the judges of the Hamilton circuit and superior courts to jointly appoint an additional magistrate to serve the Hamilton County courts. Allows the judges of the Jennings circuit and superior courts to jointly appoint a magistrate to serve the Jennings County courts. Requires the Indiana criminal justice institute to: (1) collect data concerning rates of rearrest of defendants released with and without money bail; and (2) submit an annual report containing the information collected to the legislative council. Urges the legislative council to assign to the committee the topic of giving mutual full faith and credit to judgments and orders of a tribal court of a federally recognized Indian tribe.
