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signed · Indiana · House May 1, 2023

HB 1138: Preschool and child care facility drinking water.

Requires the public finance director to prepare an annual report to the general assembly that provides information on the programs of the Indiana finance authority under which the drinking water in schools, preschools, and child care facilities is tested for the presence of lead. Requires the owner or operator having authority over a child care facility or a preschool to test the drinking water in the child care facility or preschool before January 1, 2026, unless the drinking water in the child care facility or preschool has already been tested through a lead sampling program conducted by the Indiana finance authority. Provides that if the testing of the drinking water in a child care facility or preschool indicates that the presence of lead in the drinking water equals or exceeds the action level for lead (15 parts per billion), the owner or operator of the child care facility or preschool shall take action to: (1) eliminate the source of the lead in the drinking water; or (2) install a water filtration system. Establishes requirements applying to a water filtration system installed in a child care facility or preschool. Requires the environmental rules board to adopt rules, including emergency rules, that conform with the Lead and Copper Rule Improvements proposed rule that is being developed by the U.S. Environmental Protection Agency.
Rick Niemeyer (R) Carolyn Jackson (D) Shelli Yoder (D) Lonnie Randolph (D) · 4 co-sponsors
signed · Indiana · House May 1, 2023

HB 1236: Protections for motor vehicle dealers.

Specifies the amount of compensation by a manufacturer or distributor to a dealer for a part. Provides the requirements for a remedy procedure or parts required to be provided to a dealer by a manufacturer or distributor to repair a used motor vehicle that is subject to a stop sale directive. Provides that a manufacturer or distributor shall compensate a dealer for assistance requested by a customer whose vehicle is subject to an over-the-air or a remote repair, or an update to a part, system, accessory, or function by a manufacturer or distributor that is performed at a dealership. Provides that a manufacturer or distributor may not require a dealer to purchase a product or service from a vendor designated by the manufacturer or distributor if the dealer selects a vendor that provides products or services that are substantially similar to that of the vendor designated by the manufacturer or distributor, meets reasonable program standards or requirements of the manufacturer or distributor, and is subject to the approval of the manufacturer or distributor. Provides that a franchisor is not considered to be competing unfairly if operating a business for less than one year. (Current law says for less than two years.) Provides for conditions a manufacturer or distributor may not place on a dealer, as a condition of granting or continuing a franchise, approving the transfer of ownership or assets of a new motor vehicle dealer, or approving a successor to a new motor vehicle dealer. For provisions concerning unfair practices for a manufacturer, distributor, officer, or agent, makes the effective date effective upon passage. Provides that a manufacturer or distributor may not coerce or require a dealer to make improvements to the dealer's facilities or install signs or other franchisor image elements that would result in replacing or substantially altering improvements or image elements that the dealer made or installed during the immediately preceding 10 years. (Current law provides that a manufacturer or distributor may not require a dealer to make changes in the immediately preceding seven years.) Provides that it is an unfair practice for a manufacturer or distributor to: (1) require a dealer to; or (2) coerce a dealer into; selling or offering for sale certain products not approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source. Provides that it is an unfair practice to consider sale or offer of sale of certain products not approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source when determining eligibility to purchase products from, volume of purchases from, and pricing from the manufacturer or distributor. Provides that it is not an unfair practice for a manufacturer, distributor, affiliate, or captive finance source to: (1) offer discounts, rebates, or other incentives to a dealer who voluntarily sells or offers to sell certain products approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source; or (2) require a dealer to disclose the sale of certain products not approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source.
David Niezgodski (D) Jim Pressel (R) Aaron Freeman (R) Chris Garten (R) · 3 co-sponsors
signed · Indiana · House May 1, 2023

HB 1401: Assessment of wind power devices.

Requires a public utility company that owns or operates a wind power device after a change in ownership of the wind power device to report, when filing its first statement of value and description of property with the department of local government finance (department), the valuation of the device at the same valuation amount that the previous owner reported on the previous owner's last annual report before the change in ownership if the valuation amount that the acquiring public utility company would otherwise enter on its first report is lower than the valuation amount at which the previous owner valued the wind power device before the change in ownership. Requires the new owner, for years subsequent to the first year after the change in ownership, to calculate and report the valuation of the wind power device in accordance with: (1) the statute concerning the taxation of public utility companies; and (2) rules prescribed by the department. Provides that for any year subsequent to the first year after the change in ownership of a wind power device, the department, in determining the just value of the property, shall not consider valuations determined by another governmental agency. Provides that these requirements do not apply to a public utility company that owns or operates one or more wind power devices and that has signed or countersigned an economic development agreement, or another financial agreement, that is entered into: (1) with the county in which the public utility company's wind power devices are located; and (2) for the purpose of repowering, or upgrading the technology used in, the wind power devices; before a sale or transfer of the wind power devices. Requires the department to make necessary conforming changes to the annual report form. Requires the Indiana utility regulatory commission to include a provision in an order declining to exercise jurisdiction over a public utility company that: (1) owns or operates one or more wind power devices; or (2) plans to own or operate one or more wind power devices; requiring the public utility to notify the department of any change in ownership of the wind power devices. Requires that before November 1, 2024, and before November 1, 2025, the department shall prepare, submit in an electronic format, and present a report on: (1) the valuation of wind power devices; and (2) the department's progress in implementing the bill's provisions; to the interim study committee on energy, utilities, and telecommunications. Amends the Indiana Code provision that sets forth how the department is to determine the just value of the property of a public utility company to provide an exception from the specified procedures with respect to the determination of the just value of wind power devices.
Rick Niemeyer (R) Jean Leising (R) Sharon Negele (R) Eric Koch (R) · 2 co-sponsors
signed · Indiana · House May 1, 2023

HB 1420: Electric transmission facilities.

Amends the chapter in the Indiana Code concerning electric transmission facilities as follows: (1) Specifies that the term "electric transmission facility" does not include a line installed solely for the purpose of connecting an electric generation facility to facilities owned by a public utility. (2) Repeals the definition of "local reliability electric transmission facility" and makes conforming changes. (3) Amends the provisions concerning an incumbent electric transmission owner's right of first refusal to construct, own, operate, and maintain certain electric transmission facilities, or upgrades to certain electric transmission facilities, as follows: (A) Specifies that the right of first refusal applies with respect to: (ii) the construction; or (ii) upgrades; of electric transmission facilities if the construction or upgrades have been approved through a regional transmission organization (RTO) planning process. (B) Provides that if an electric transmission facility has been approved for construction through an RTO planning process: (i) each incumbent electric transmission owner that has a right to construct, own, operate, and maintain the electric transmission facility shall give written notice to the Indiana Utility Regulatory Commission (IURC), not later than 90 days after the construction is approved, regarding the incumbent electric transmission owner's intent to construct, own, operate, and maintain the approved electric transmission facility; and (ii) if an incumbent electric transmission owner gives notice of intent not to construct the approved electric transmission facility, another entity may seek to construct the approved electric transmission facility in accordance with the RTO planning process and the bill's provisions. (C) Provides that if an incumbent electric transmission owner gives to the IURC during a calendar year notice of its intent to construct, own, operate, and maintain an approved electric transmission facility, the incumbent electric transmission owner shall, not later than May 1 of the subsequent calendar year, provide the IURC with certain specified information. (D) Provides that an incumbent electric transmission owner that exercises its right to construct an approved electric transmission facility must, to the extent commercially practicable, use competitively bid engineering, procurement, or construction contracts that meet the specifications required by the incumbent electric transmission owner with respect to the facility.
Ed Soliday (R) Jean Leising (R) Eric Koch (R) · 5 co-sponsors
signed · Indiana · House May 1, 2023

HB 1343: Occupational regulations.

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.
Mike Gaskill (R) Jake Teshka (R) Kyle Walker (R) · 1 co-sponsor
signed · Indiana · House May 1, 2023

HB 1461: Long term services.

Requires the housing and community development authority to: (1) assess the feasibility of the development of new assisted living communities for low and middle income individuals; and (2) determine possible funding for the assisted living communities; and submit a report to the legislative services agency. Requires the office of the secretary of family and social services (office) to contract with more than one entity to provide functional eligibility determinations for individuals applying for the aged and disabled Medicaid waiver. Requires the office to report to the budget committee and legislative council certain information concerning: (1) the average length of time to conduct function eligibility assessments; and (2) a plan to provide functional eligibility not later than 72 hours from the eligibility assessment. Removes the requirement that the transfer of comprehensive care beds in a health facility must equalize the number of certified Medicaid beds in the county. Allows a health facility that transfers comprehensive care beds to reduce the facility's count of licensed comprehensive care beds by the number of beds transferred. Allows the receiving facility to increase the: (1) count of licensed comprehensive care beds; and (2) number of beds that are Medicaid certified. Requires the office to reimburse the provider of assisted living services if an increase in the level of services for a recipient is approved by the office. Specifies that integrated health care coordination and transportation are assisted living services. Prohibits the office from reducing the scope of services that may be provided by an assisted living services provider under the Medicaid aged and disabled waiver, as in effect on July 1, 2021. Specifies provisions that must be included in a risk based managed care program or capitated managed care program for specified Medicaid recipients. Requires the Indiana department of health (state department) to establish and administer the registration of a temporary health care service agency. Repeals current laws concerning the regulation of employment services. Removes references to a residential care facility administrator as a separate classification of license. Sets forth requirements for health facility administrators, residential care facility administrators, administrators in training, preceptors, and student interns. Sets forth notification requirements to the state department upon a vacancy or new hire of a residential care administrator. Makes conforming changes.
Brad Barrett (R) Ed Charbonneau (R) Liz Brown (R) · 3 co-sponsors
signed · Indiana · House May 1, 2023

HB 1457: Public health matters.

Establishes licensing standards for rural emergency hospitals. Provides that certain personal information is confidential if a complaint is filed with the Indiana department of health (department). Allows the department to analyze information submitted by entities regulated by the department for quality improvement purposes. Adds rural emergency hospitals to the statute specifying that the licensure of a rural emergency hospital does not affect the statute pertaining to the placement and adoption of children. Repeals the provision concerning a provisional license for certain hospice programs. Provides that the definition of "home health services" includes community based palliative care. Establishes standards for housing with services establishments that offer memory care services. Changes references from "venereal disease" to "sexually transmitted infection". Allows a local health officer to issue a birth, death, or stillbirth certificate from the electronic registration system regardless of the location of the filing of the record. Removes the requirement that the department develop educational materials concerning prenatal and neonatal transmission of HIV. Removes the requirement that the department be notified if certain emergency responders request test results following a potential exposure to a serious communicable disease. Changes the date that the department submits a report concerning childhood lead poisoning. Removes the exemption to a vendor of a farmer's market or roadside stand from the requirements relating to food products that are not potentially hazardous. Amends the criteria for a safety pin program (program) grant proposal. Provides that if the department approves a program grant proposal, the department shall determine the initial award amount and the amount to be distributed once the grantee meets certain performance metrics. Provides a preference for awarding grants from the program to populations with demonstrable higher need. Provides that the center for deaf and hard of hearing education shall provide assistance to classroom instruction and professionals. Makes technical and conforming changes.
Jean Leising (R) Tyler Johnson (R) Brad Barrett (R) Vaneta Becker (R) · 4 co-sponsors
signed · Indiana · House May 1, 2023

HB 1575: Fire prevention and building safety commission.

Increases the size of the fire prevention and building safety commission (commission) from 11 members to 12 members. Requires commission members to represent certain defined interests or professions, beginning August 1, 2023. Requires a commission member to be a resident of Indiana, beginning August 1, 2023. Provides that a commission member serves at the pleasure of the governor. Increases the number of members required for a quorum from six members to seven members. Provides that the affirmative vote of not less than two-thirds of the commission members present and voting is necessary for purposes of adopting a rule. Provides certain procedures for the review and adoption of building codes. Provides that a local unit of government may not adopt an ordinance concerning construction and remodeling that: (1) conflicts with the statute or a building code adopted by the commission; or (2) includes more stringent or detailed requirements than those set forth in the statute or a building code adopted by the commission. Provides that this prohibition does not apply to a unit's architectural design standards or its zoning ordinances.
Mike Gaskill (R) Tim O'Brien (R) Linda Rogers (R) Chris Garten (R) · 3 co-sponsors
signed · Indiana · House May 1, 2023

HB 1635: Various education matters.

Requires each school corporation to publish on the school corporation's website the graduation rate for each high school in the school corporation. Amends the: (1) definition of "graduation" for the high school graduation rate determination; and (2) graduation rate calculation. Allows charter schools and nonpublic schools to issue an adjunct teacher permit to certain individuals. Provides that an individual who holds an adjunct teacher permit may teach in a career and technical education content area in which the school corporation, charter school, or nonpublic school allows the individual to teach based on the individual's experience. Requires the state board of education (state board) to: (1) develop algebra I, algebra II, and geometry courses that include real world application and project based and inquiry based learning; and (2) implement the courses not later than the 2025-2026 school year. Provides that, if the state board establishes an Armed Services Vocational Aptitude Battery as a graduation pathway, the state board shall require a student who elects the pathway to submit documentation that demonstrates the student's intent to enlist in the military as a condition of meeting the pathway requirements. Requires the state board to, not later than July 1, 2023, review and update any guidance issued by the state board regarding the Armed Services Vocational Aptitude Battery as a graduation pathway requirement. Provides that a school corporation, charter school, or state accredited nonpublic school may not require a student enrolled in the school corporation, charter school, or state accredited nonpublic school to participate in any particular graduation pathway to be eligible to graduate. Removes a provision that provides that not more than 1% of students of a cohort may receive an alternate diploma. Provides that, for purposes of determining a school's or school corporation's graduation rate, not more than one percent of a school's or school corporation's graduation cohort that receives an alternate diploma may be counted as having graduated. Removes a requirement that a school corporation record or include certain immunization information in the official high school transcript for a high school student. Removes a provision that allows a school corporation to include additional information on a student's high school transcript. Provides that any notification or materials provided or distributed by the Indiana department of health or a school to a parent of a student regarding required or recommended immunizations for the student must clearly delineate or label immunizations that are required and immunizations that are only recommended. Provides that the department of education shall develop a proposal for a revised school performance designation not later than December 1, 2024.
Bob Behning (R) Jeff Raatz (R) · 3 co-sponsors
signed · Indiana · House May 1, 2023

HB 1512: Waste diversion and recycling.

Renames the central Indiana waste diversion pilot project the "central Indiana waste diversion project" (project). Establishes two new purposes for the project: (1) advancing research and development to enhance existing waste diversion efforts and supporting the creation of new processes and technologies that expand upon the existing universe of waste diversion and reuse of recyclable material; and (2) supporting recycling technology or programs for the return, collection, and sorting of recyclable glass, aluminum, or plastic beverage containers that are accessible to the general public and are operated by a retail merchant, a professional sports or entertainment venue, an airport, an elementary school or high school, or an institution of higher education. Extends the duration of the project from three years to four years. Requires the beginning of a second round of grant applications and awards. Provides that, in the second round, private sector persons and companies located in Hamilton, Hancock, Shelby, Johnson, Morgan, Hendricks, and Boone Counties (in addition to Marion County) may apply for grants from the program. Grant applicants must provide a financial match as determined by the Indiana recycling market development board (board). Requires the department of environmental management, for purposes of the second round, to develop and distribute grant application forms, accept grant applications, and make recommendations to the board. Authorizes the board to request additional information from a grant applicant if the board determines that the information provided does not meet certain requirements and to reopen the application process if the board determines that none of the applications submitted meet the goals of the project. Requires the board, in the second round, to award not more than a total of $2,000,000 to grant applicants. Requests the legislative council to assign to an appropriate interim study committee the task of studying various recycling topics.
Mike Speedy (R) · 2 co-sponsors
signed · Indiana · House May 1, 2023

HB 1034: Income tax exemption for military pay.

Exempts military pay for members of a reserve component of the armed forces of the United States or the national guard from the individual income tax. (Current law provides an individual income tax exemption for members of a reserve component of the armed forces of the United States or the national guard for the period the member is mobilized and deployed.) 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.)
Michael Crider (R) Scott Baldwin (R) Chris Garten (R) Randy Frye (R) · 59 co-sponsors
signed · Indiana · House May 1, 2023

HB 1204: Enforcement of weight limits for overweight loads.

Defines "aggregate". Provides that a penalty for transporting a load in excess of the registered limit of the load for the transporting vehicle does not apply to a vehicle or combination of vehicles that transports aggregate if the weight of the vehicle with load does not exceed the gross weight limit and the axle weight limit by more than 10%. Provides for when the department of state revenue (department) may assess a civil penalty for a vehicle or load that is in excess of the legal weight or dimensional limits. Provides for the penalties the department may charge for a violation. Urges the legislative council to assign to the appropriate interim study committee the task of studying civil penalty assessments and the enforcement of overweight loads as it pertains to the impact on state infrastructure.
Mike Karickhoff (R) Michael Crider (R) Chris Garten (R) · 5 co-sponsors
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