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signed · Indiana · Senate Mar 21, 2020

SB 409: Employment of minors.

Moves provisions on employment of students from Title 20 (Education) to Title 22 (Labor and Safety). Provides that a minor who is at least 14 years of age and less than 16 years of age: (1) may not work before 7 a.m. or after 7 p.m.; and (2) may work until 9 p.m. from June 1 through Labor Day except on a day that precedes a school day when the minor may only work until 7 p.m. (Current law provides that a child who is at least 14 years of age and less than 16 years of age may not work before 7 a.m. or after 7 p.m. on a day that precedes a school day or after 10 p.m. on a day that does not precede a school day.) Provides that a minor who is at least 16 years of age and less than 18 years of age: (1) may not work for more than nine hours in any one day, 40 hours in a school week, 48 hours in a nonschool week, and six days in any one week; (2) may not begin a work day before 6 a.m.; (3) may work in certain occupations until 10 p.m. on nights that are followed by a school day; and (4) may work until 11 p.m. on a night followed by a school day with written permission from the minor's parent. (Current law: (1) provides that a child who is at least 16 years of age and less than 17 years of age: (A) may not work for more than eight hours in any one day, 30 hours in any one week, and six days in any one week; (B) may not begin a work day before 6 a.m.; and (C) may work until 11 p.m. on a night followed by a school day with written permission from the child's parent; (2) provides that a child who is at least 17 years of age and less than 18 years of age: (A) may not work for more than eight hours in any one day, 30 hours in any one week, and six days in any one week; (B) may not begin a work day before 6 a.m. on a school day; and (C) may work until 11:30 p.m. on nights that are followed by a school day and 1 a.m. on a following day with written permission from the child's parent; and (3) allows a child who is at least 16 years of age and less than 18 years of age to be employed for up to 40 hours during a school week, not exceeding nine hours in any one day, and a total of 48 hours in any one nonschool week with written permission from the child's parent.) Provides that an employer may notify the issuing officer if the minor's employment terminates. (Current law provides that an employer must notify the issuing officer.) Removes provisions: (1) requiring rest breaks for a child who is less than 18 years of age; (2) prohibiting employment of a child who is less than 18 years of age from 7:30 a.m. to 3:30 p.m. unless the child presents a written exception from the child's school; (3) prohibiting a child who is less than 18 years of age from working after 10 p.m. or before 6 a.m. in an establishment that is open to the public unless another employee at least 18 years of age works in the establishment during the same hours as the child, so long as the establishment is open to the public before 6 a.m. or after 10 p.m.; (4) requiring a child less than 18 years of age who is not a resident of Indiana, a minor who is a resident but attends a nonpublic school that employs less than one employee, or a minor who is a resident but is enrolled in a career and technical education program as approved by the Indiana state board of education to obtain an employment certificate; (5) allowing the state board of education the ability to revoke a employment certificate; and (6) providing that the state board of education adopt rules and approve forms related to employment certificates. Provides that the transfer in the bill of provisions related to employment certificates and employment of minors from Title 20 (Education) to Title 22 (Labor and Safety) expires June 30, 2021. Provides that after June 30, 2021, certain provisions that were transferred to Title 22 are transferred and relocated to a new chapter within Title 22, including provisions related to: (1) the maximum number of hours a minor may be employed or permitted to work each day of the week and the hours beginning and ending each day; (2) civil penalties; and (3) age restrictions. Renames the bureau of child labor to the "bureau of youth employment". Replaces the term "child labor" throughout the Indiana Code. Provides that a principal of a school may send notice to the bureau of youth employment and the bureau of motor vehicles to revoke the student's employment certificate and driver's license or learner's permit. (Current law provides that the principal must send notice.) Provides that the Indiana department of labor may establish recommendations for rest breaks. Requires certain employers to register with the Indiana department of labor. Provides that the labor education and youth employment fund shall be used for the expenses of hiring and salaries of additional inspectors to enforce the new chapter, including developing and maintaining the data base, and any remaining funds may be used for the purposes of education and awarding grants to provide educational programs. Requires the Indiana department of labor to prepare a report outlining a plan to develop and maintain a data base displaying certain employers that employ minors by August 1, 2020, and develop the data base by July 1, 2021. Removes provisions that allow an employer to pay an employee who has not attained the age of 20 years, during the first 90 consecutive calendar days after the employee is initially employed by the employer, a wage which is not less than the amount payable under the federal Fair Labor Standards Act of 1938. Provides that a minor less than 16 years of age may not be employed or permitted to work during school hours. Provides that a minor may not work in an establishment that is open to the public after 10 p.m. or before 6 a.m. unless another employer who is at least 18 years of age also works with the minor so long as the establishment is open to the public before 6 a.m. or after 10 p.m. Makes conforming changes.
Randy Lyness (R) Blake Doriot (R) · 5 co-sponsors
signed · Indiana · Senate Mar 21, 2020

SB 408: Various tax matters.

Removes references to an out-of-state merchant's collection of the state use tax. (Under current law, an out-of-state merchant is required to collect the state gross retail tax (not the use tax) on retail transactions made in Indiana if certain threshold conditions are met.) Makes clarifying and technical changes to the definitions of "bundled transaction", "unitary transaction", and "gross retail income" in the sales tax statute, and "adjusted gross receipts" in the sports wagering statute. Removes outdated references to the gross income tax and adjusted gross income tax. Makes a technical correction in the gasoline use tax statute. Changes the definition of "Internal Revenue Code" in the adjusted gross income tax law to mean the Internal Revenue Code of 1986 as amended and in effect on January 1, 2020. Clarifies the allowable state income tax deductions and credits for a married individual filing a separate return. Requires a payor of prize money to an initial recipient in connection with a racing event at a qualified motorsports facility to withhold adjusted gross income tax from the payment of the prize money. Provides that a taxpayer is entitled to claim a historic rehabilitation tax credit granted for a year other than the year in which the preservation or rehabilitation of the historic property was performed and certification provided, notwithstanding the expiration of the historic rehabilitation tax credit chapter on January 1, 2019, and the cap on the amount of credits allowed in a state fiscal year beginning after June 30, 2016. Defines "loans arising in factoring" under the financial institutions tax statute. Specifies the duties of the motor carrier service division of the department of state revenue (department). Removes obsolete provisions related to transporting gasoline or special fuel. Eliminates a redundant penalty provision for failure to file a quarterly motor carrier fuel tax report (this penalty is currently assessed and calculated under the penalty provisions of the International Fuel Tax Agreement as set forth in another section of the Indiana Code). Authorizes the department to require a taxpayer to execute a power of attorney for representation of the taxpayer on a form prescribed by the department. Requires each county to periodically submit certain data to the GIS officer. Allows a taxpayer to request a secondary review of adjustments to tax attributes in certain circumstances. Makes clarifying changes to the statute of limitations for tax assessments and tax refunds. Extends the statute of limitations for assessments for certain partners and partnerships. Allows for certain disclosures of a taxpayer's information concerning returns and remittances for a listed tax in connection with the department's online tax system to an individual without a power of attorney. Provides that after a date determined by the department, not later than September 1, 2023, the department may not make disclosures of a taxpayer's information concerning returns and remittances for a listed tax to an individual unless the individual has a power of attorney or is otherwise authorized to receive the information by law. Extends the statute of limitations to allow a refund of state and local income tax with regard to veterans' disability severance payments that were determined to qualify for a refund of federal income tax under the Combat-Injured Veterans Tax Fairness Act of 2016. Revises the penalty provisions related to payments made to the department by a payment instrument on which the department is unable to obtain payment. Expands the functions of the taxpayer rights advocate office within the department. Repeals the state revenue pilot program fund. Provides that any money in the state revenue pilot program fund before its repeal is transferred to the motor carrier regulation fund. Makes conforming changes.
Ryan Mishler (R) Dr. Tim Brown (R) Travis Holdman (R) · 4 co-sponsors
signed · Indiana · Senate Mar 21, 2020

SB 184: Nonprofit agricultural organization coverage.

Authorizes a nonprofit agricultural organization to provide health benefit coverage that is: (1) sponsored by the nonprofit agricultural organization or its affiliate; (2) offered only to members of the nonprofit agricultural organization and their families; (3) deemed by the nonprofit agricultural organization to be important in assisting its members to live long and productive lives; and (4) offered in every county in Indiana. Provides that nonprofit agricultural organization coverage is not insurance and is not subject to the regulatory authority of the department of insurance, and that a nonprofit agricultural organization providing health coverage is not engaged in the business of insurance and is not required to obtain a certificate of authority. Provides that an individual may not apply for health coverage provided by a nonprofit agricultural organization until the individual has been a member of the nonprofit agricultural organization for at least 30 days. Mandates that the health coverage cover ambulatory patient services, hospitalization, emergency services, and laboratory services, and provides that the coverage may not be subject to an annual limit of less than $2,000,000 per year. Requires a nonprofit agricultural organization offering health coverage: (1) to annually file with the department of insurance a written, signed opinion of a qualified actuary that the plan reserves of the nonprofit agricultural organization and its affiliate are adequate and conform to the appropriate actuarial standards of practice; and (2) to reinsure all or a portion of its risks. Provides that an individual entering into a health coverage contract with a nonprofit agricultural organization must acknowledge in a signed writing that the coverage: (1) is not considered insurance; and (2) is not subject to the administrative rules of the department of insurance.
Jean Leising (R) Andy Zay (R) Ethan Manning (R) Ed Charbonneau (R) · 18 co-sponsors
signed · Indiana · Senate Mar 21, 2020

SB 424: Address confidentiality program.

Allows a victim of harassment, human trafficking, intimidation, or invasion of privacy to participate in the address confidentiality program (program) of the office of the attorney general (office). (Currently the law allows only victims of domestic violence, sexual assault, or stalking to participate in the program.) Removes the requirement that a victim must have obtained a protective order to participate in the program. Requires that an applicant to the program provide a description of the applicant's plan to maintain the confidentiality of the applicant's new address. Provides, with certain exceptions, that if a program participant provides written notice to an individual, state or local government agency, business, or other legal entity: (1) the entity shall use the address designated by the office; (2) the entity may not disclose the program participant's address; and (3) if the entity is a landlord, the entity may not display the program participant's name at the protected address. Allows the office to revoke a person's participation in the program or deny an applicant's application if the person: (1) uses or intends to use the program in furtherance of a crime; (2) knowingly misrepresents in a fraudulent manner any information the program participant or applicant provides to the program; or (3) is unable or unwilling to maintain the confidentiality of the program participant's or applicant's address. Establishes the circumstances under which a program participant's address may be disclosed in a court proceeding and requires the court to issue an appropriate order to limit any further disclosure. Repeals a statute providing that a program participant who provides false information on a program application commits perjury.
Sue Glick (R) Linda Rogers (R) Tim Lanane (D) Karen Engleman (R) · 5 co-sponsors
signed · Indiana · Senate Mar 18, 2020

SB 295: Various education matters.

Extends the date by which public schools, including charter schools, and accredited nonpublic schools must provide age appropriate research and evidence based or research or evidence based instruction on child abuse and child sexual abuse to students. Provides that, beginning July 1, 2021, the department of workforce development must implement a new Indiana career explorer program (program). Establishes requirements for the program. Requires the department of workforce development to issue, not later than December 31, 2020, a request for proposals regarding the part of the program that includes educational and career assessments or tools. Amends grade levels to which certain career exploration models and career preparation models apply. Removes provisions regarding a pilot program for instruction in and use of the Indiana career explorer program and standards. Requires the department of education (department) to prepare and submit an annual report to the state board of education, general assembly, and commission for higher education regarding certain computer science metrics. Requires the department to post the report on its Internet web site.
Bob Behning (R) Jeff Raatz (R) Linda Rogers (R) John Crane (R) · 4 co-sponsors
signed · Indiana · Senate Mar 18, 2020

SB 395: Uniform Consumer Credit Code.

Amends the Uniform Consumer Credit Code (UCCC) as follows: (1) Changes: (A) from July 1 of each even-numbered year to January 1 of each odd-numbered year the effective date for the adjustment, based on changes in the Consumer Price Index, of various dollar amounts set forth in the UCCC; and (B) the corresponding date that precedes the adjustment date and by which the department of financial institutions (department) must issue an emergency rule announcing the adjustment. (2) For an agreement for a consumer credit sale entered into after June 30, 2020: (A) authorizes a seller to contract for and receive a nonrefundable prepaid finance charge based on the amount financed, in addition to the credit service charge and any other authorized charges and fees; and (B) prohibits precomputed consumer credit sales. (3) Repeals a provision concerning the credit service charge for revolving charge accounts and relocates the language to the provision concerning the authorized credit service charge for consumer sales. (4) For an agreement for a consumer loan entered into after June 30, 2020: (A) changes the amount of the authorized nonrefundable prepaid finance charge from $50 to an amount that is not more than: (i) $75; (ii) $150; or (iii) $200; based on the amount financed, in the case of a consumer loan not secured by an interest in land; and (B) prohibits precomputed consumer loans. Makes conforming changes with respect to supervised loans. Changes from $1.50 to $3 the amount of the fee that a lessor in a rental purchase agreement may impose for accepting rental payments by telephone. Makes conforming technical amendments throughout the UCCC to reflect the bill's changes.
Eric Bassler (R) John Ruckelshaus (R) Woody Burton (R)
signed · Indiana · Senate Mar 18, 2020

SB 258: Firefighter safety.

Requires the board of firefighting personnel standards and education to establish best practices to improve safety and health outcomes for firefighters. Establishes the best practices fund for the purpose of providing matching grants to political subdivisions and volunteer fire departments to purchase equipment and other gear to implement best practices. Provides that the worker's compensation rating bureau of Indiana may recommend a premium or rate discount toward worker's compensation insurance to political subdivisions and volunteer fire departments that implement best practices.
Michael Crider (R) Eric Koch (R) Jim Tomes (R) Randy Frye (R) · 4 co-sponsors
signed · Indiana · Senate Mar 18, 2020

SB 273: Indiana behavioral health commission.

Establishes the Indiana behavioral health commission (commission). Specifies the membership of the commission. Requires the commission to prepare: (1) an interim report not later than October 1, 2020; and (2) a final report not later than October 1, 2022. Specifies the issues and topics to be discussed in the commission reports. Requires commission reports to be issued to the following parties: (1) The governor. (2) The legislative council. (3) Any other party specified by the commission chairperson. Requires commission reports to be issued in an electronic format. Abolishes the commission on December 31, 2022. Defines certain terms. Makes conforming amendments.
Cindy Kirchhofer (R) John Ruckelshaus (R) Michael Crider (R) · 8 co-sponsors
signed · Indiana · Senate Mar 18, 2020

SB 10: Pension matters.

Provides that a member of the public employees' retirement fund (PERF), the Indiana state teachers' retirement fund (TRF), or the legislators' defined contribution plan who meets certain age and service requirements may withdraw all or part of the amount in the member's annuity savings account without consequence to the member's pension benefit under the fund and without separating from a covered position. Removes the requirement that a member of PERF, TRF, or the legislators' defined contribution plan wait 30 days after separating from a covered position to withdraw an amount from the member's annuity saving account. Provides that the board of trustees of the Indiana public retirement system may offer members an alternative option for the payment of the member's retirement benefits that does not include a minimum benefit option. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)
Woody Burton (R) Blake Doriot (R) Phil Boots (R) · 6 co-sponsors
signed · Indiana · Senate Mar 18, 2020

SB 319: Practitioner or accomplished practitioner license.

Provides that 15 of the professional growth experience points required to renew a practitioner license or accomplished practitioner license may be obtained through one or more of certain professional development experiences. (Current law provides that 15 of the professional growth experience points required to renew a practitioner license or an accomplished practitioner license must be obtained through one or more of certain professional development experiences.) Amends the list of professional development experiences.
Jack Jordan (R) Jeff Raatz (R) Linda Rogers (R) Vaneta Becker (R) · 9 co-sponsors
signed · Indiana · Senate Mar 18, 2020

SB 47: Expungement issues.

Defines "protection order records" and requires companies that provide background checks to periodically review their records and remove records relating to expunged protection orders (in the same manner as expunged convictions are removed). Permits a person to expunge protection order records in connection with the denial of an ex parte petition for a protection order. Provides that if a court reduces a Class D or Level 6 felony to a misdemeanor, the five-year waiting period for expungement begins on the date of the felony conviction and not on the date the felony was converted to a misdemeanor. Provides that, if a person whose records have been expunged seeks employment with a law enforcement agency or a probation or community corrections department, the law enforcement agency or the probation or community corrections department may: (1) inquire about the person's expunged records; and (2) refuse to employ the person. Specifies the procedure to expunge records of a collateral action entered in a different county than the county which issued the expungement order.
Mike Bohacek (R) Eric Koch (R) Aaron Freeman (R) John Young (R) · 2 co-sponsors
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