Provides that a surviving spouse or child of a department of homeland security (department) fire investigator is eligible to receive health coverage under the health coverage plan for active employees provided by the employer. Provides that a department fire investigator who is diagnosed with certain health conditions that result in a disability or death is presumed to have incurred the health condition in the line of duty. Provides that the Indiana guard reserve (guard) is comprised of volunteer citizens. Provides that the adjutant general (general) may adopt policies for the guard. Requires the general to establish certain structures, processes, and organizational controls for the guard. Repeals a provision concerning the guard serving outside Indiana. Provides that, if called for voluntary service, the guard must follow the rules and procedures of the Indiana national guard and those set by the general. Amends a provision to specify that the general may obtain insurance for the guard under certain circumstances. Repeals a provision regarding quarterly pay for the guard. Provides that, not later than October 31, 2022, the department, the department of health, the integrated public safety commission, and the statewide 911 board shall submit recommendations regarding: (1) ways the 911 system can increase interoperability to better facilitate an emergency medical services (EMS) response from the closest and most appropriate resource; and (2) the effectiveness of regionalized trauma systems and their impact on patient care; to the executive director of the legislative services agency for distribution to the general assembly. Provides that a department fire investigator who is diagnosed with certain cancers or heart or lung disease that results in a disability is presumed to have incurred the health condition in the line of duty. Establishes the first responder crisis intervention account within the statewide 9-8-8 trust fund for the purpose of awarding grants to public safety agencies that provide first responder emergency services. Provides that the division of mental health and addiction shall administer the account. Provides that a fire department is required to report annually to the department information regarding each emergency response by the fire department. Provides that, in the event the fire department does not report information regarding emergency responses, the department may determine that the fire department is ineligible to receive grants administered by the department. Makes changes to how public safety fees from the retail sale of fireworks are distributed. Provides, after June 30, 2023, that the minimum basic training requirements that a volunteer firefighter must complete before the firefighter may perform emergency response duties do not include interior firefighter operations. Makes changes to various definitions used in relation to the provision of emergency medical services. Provides that the department may (rather than shall, under current law) waive any rule adopted by the emergency medical services commission for a person who provides emergency ambulance service, an emergency medical technician, an advanced emergency medical technician, a paramedic, or an ambulance when operating from a location in an adjoining state. Makes changes to notice requirements for the acquisition and location of a defibrillator. Provides that an individual who holds a license or certification issued by the emergency medical services commission is subject to disciplinary sanctions if the individual fails to notify the department in writing of any misdemeanor or felony criminal conviction, except traffic related misdemeanors other than operating a motor vehicle under the influence of a drug or alcohol, within 90 days after the entry of an order or judgment. Provides that each ambulance service shall participate in a written quality assurance program. Makes changes to the provision relating to data sharing of pre-hospital ambulance reports by the emergency medical services commission or the department. Removes obsolete provisions and makes conforming amendments. Repeals a provision requiring a person who uses a defibrillator to contact the ambulance service provider or the fire department that provides ambulance service for the area as soon as practicable. Provides for the attending physician, or the physician's designee, of a patient needing transportation by ambulance to sign an order that states the level of ambulance service needed for the patient and the condition or diagnosis of the patient that makes the transportation of the patient by ambulance necessary. Amends the law on emergency medical services to make that law apply to nonemergency ambulance services as well as emergency ambulance services. Requires a health plan to fairly negotiate rates and terms with any ambulance service provider willing to become a participating provider with respect to the health plan. Provides that an accident and sickness insurance policy or HMO contract that provides coverage for emergency medical services must also provide reimbursement for: (1) emergency ambulance services; and (2) specialty care transport; provided by an emergency medical services provider organization. Provides that reimbursement provided for basic and advanced life support services through an accident and sickness insurance policy or HMO contract must be provided on an equal basis regardless of whether the services involve transportation of the patient by ambulance.
In one instance in the law on health care advance directives, changes the word "testator" to "declarant". Amends several provisions relating to the filing of notices to make those provisions consistent with Rules of Trial Procedure 86 and 87 concerning electronic filing. Resolves inconsistencies in two sections of the chapter on dispensing with administration so that those sections authorize a fiduciary to distribute and disburse the estate assets before filing a closing statement. Authorizes the appointment of a special administrator under certain circumstances and establishes a procedure for the appointment of a special administrator for the purpose of pursuing a claim for a decedent's wrongful death. In a section concerning the filing of an electronic will, replaces an incorrect reference with a reference to the Rules on Access to Court Records. Provides that a video or audio recording of a principal who executes a power of attorney may be admissible as evidence of matters relevant to the validity or enforceability of the power of attorney. Provides that any objection to a final account and petition for distribution of a decedent's estate must be filed at least 14 days before the hearing date. Eliminates references to a trustee "docketing" a trust and identifies permissible methods for the filing of a copy of a trust instrument with a court. Amends two definitions of "electronic power of attorney" to provide that an electronic power of attorney may be signed in the presence of witnesses instead of being notarized. Provides that a person who has been found guilty, or guilty but mentally ill, on a charge of causing an unlawful death of a decedent is a constructive trustee of certain property acquired or entitled to be received by the culpable person. Includes a married individual who does not have any dependents and whose death was caused by a spouse within the definition of "adult person" for the purpose of a wrongful death action. Makes conforming changes. Makes technical corrections. (The introduced version of this bill was prepared by the probate code study commission.)
Allows a trustee of an irrevocable trust to appoint a successor trustee or multiple trustees. Provides that a trustee's power to appoint a successor trustee includes the power to allocate trustee powers to one or more trustees. Enacts the uniform trust decanting act. Creates a definition of the decanting power to include a power by a trustee to make limited modifications to an irrevocable trust, including an asset transfer to a new trust. Requires that a modification be consistent with a settlor's or charitable organization's intent. Permits the trustee of an existing trust to make modifications to or distributions from an existing trust for the benefit of a disabled beneficiary. Prohibits a trustee from being required to decant. Requires advanced notice to all qualified beneficiaries. Provides that the decanting power of an authorized fiduciary is not precluded by certain terms. (The introduced version of this bill was prepared by the Probate Code Commission.)
Provides that the chief justice of the supreme court, or the chief justice's designee, is a nonvoting member of the probate code study commission (commission). Provides that eight affirmative votes are required for the commission to take final action.
Specifies that the compliance of a practitioner and facility with federal law meets the good faith estimate requirements concerning health service costs. Reduces, from 1% to 0.15%, the lowest interest rate that an insurer may use in determining the minimum nonforfeiture amounts for an annuity contract. Provides that, as a condition of license renewal, a limited lines producer with a title insurance qualification must complete at least seven hours of continuing education in any combination of the following subjects: (1) Ethical practices in the marketing and selling of title insurance, including provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act. (2) Title insurance underwriting. (3) Escrow matters. (4) Matters concerning regulation by the department of insurance. (5) Marketing and selling of title insurance. Allows a property and casualty insurance company to offer property and casualty insurance on a group basis to ten or more commercial, business, or not-for-profit entities that have a preexisting relationship to one another through a common trade, an association, an affiliation, or another organizational relationship that is separate and distinct from any group insurance arrangement of the group. Amends the definition of "health payer" for the all payer claims data base. Provides that an insurer, to operate as a farm mutual insurance company, may not have annual direct written premiums of more than $15,000,000 (instead of $10,000,000). Provides that, except for grandfathered health plans, an accident and sickness insurance policy or health maintenance organization contract must cover or provide: (1) a colorectal cancer screening test assigned either an "A" or "B" grade by the United States Preventive Services Task Force; and (2) a follow-up colonoscopy.
Provides that redistricting election districts for local and school board offices must occur at certain times. Removes a provision that limited the number of school board members that may reside in the same school board district for the Indianapolis public school board. Changes the entity that establishes the Indianapolis public school districts within the school city from the Indiana state board of education to the board of school commissioners. Removes the discretionary ability of political subdivisions to redistrict election districts at times other than those required by statute. Allows for additional time for redistricting after the 2020 decennial census. Consolidates certain local redistricting statutes in the same location. Changes population parameters to reflect the population count determined under the 2020 decennial census. Repeals obsolete statutes and makes other conforming changes.
Removes the requirement that licensees must file to renew their license at least 30 days before the license expires. Requires loan brokers to provide all parties to a services contract with written notice if the loan broker has an exclusive agreement to refer all loans from one lender. Removes solicitors from the definition of investment adviser representative. Defines "third party solicitor" and describes a "third party solicitor's written disclosure document" for the Indiana uniform securities act. Requires certain disclosures to the client regarding a third party solicitor. Removes requirement that a secured party provide a copy of a financing statement to a debtor not later than 30 days after the financing statement is filed.
Increases the value of estates that may be distributed via affidavit from $50,000 to $100,000. Increases the threshold for summary procedures for unsupervised estates from $50,000 to $100,000. (The introduced version of this bill was prepared by the probate code study commission.)
Prohibits: (1) a local unit; or (2) a water or wastewater utility; that is not under the jurisdiction of the Indiana utility regulatory commission (IURC) for the approval of rates and charges from charging or collecting from a property owner a capacity related fee or a tap fee either of which is established after June 30, 2022, and that includes contributions in aid of construction. Provides that if a local unit or a utility charges a property owner a capacity related fee or a tap fee that is established after June 30, 2022, and that is based, in whole or in part, on contributions in aid of construction, the property owner is entitled to request to meet with the local unit or the utility to review: (1) the engineering and financial analyses the fee was based on; and (2) if applicable, the ordinance adopting the fee. Requires a local unit or a utility to meet with a property owner for such a review not later than 30 days after receipt of the property owner's request. Provides that if a meeting and review does not result in a satisfactory resolution, the property owner may file with the IURC a petition challenging the fee. Provides that if the IURC determines the capacity related fee or tap fee is based in whole or in part on contributions in aid of construction, the IURC shall: (1) invalidate the fee; or (2) modify the fee to comply with these provisions. Amends the statute that provides an exemption from the requirement to connect to a regional sewer district's sewer system to a property owner whose septic tank soil absorption system was new at the time of installation as follows: (1) Provides that the local health department's designee or a qualified inspector (in addition to the local health department) may approve the property owner's septic tank soil absorption system at the time of installation. (2) Provides that the 10 year exemption is measured from the date of the required written determination of the local health department, the department's designee, or a qualified inspector that the property owner's septic tank soil absorption system is not failing. (Current law provides that the 10 year exemption is measured from the date the new septic tank soil absorption system was installed.) Defines "residential onsite sewage system" as the term is defined by the state department of health (department) in the department's rule concerning residential onsite sewage systems (department's rule). Changes instances of the term "residential septic system" in current law to the term "residential onsite sewage system". Prohibits a local health department from refusing an application for a permit for a residential onsite sewage system solely because the residential onsite sewage system has not been used previously in the jurisdiction of the local health department or is unfamiliar to the local health department, if the residential onsite sewage system has been approved for general use in Indiana by the department's technical review panel. Provides that if the local health department in one jurisdiction has issued a permit for a particular type of residential onsite sewage system, the local health department in another jurisdiction may not refuse to issue a permit for a residential onsite sewage system of that same type if: (1) a registered professional engineer; (2) a registered soil scientist; (3) a residential onsite sewage system installer; and (4) (if applicable) the designer of the residential onsite sewage system; approve of the use of that type of system in the second jurisdiction. Provides that if a registered professional engineer certifies: (1) that the location, design, proposed construction, and proposed installation of a planned residential onsite sewage system comply with the department's rule, a local health department may not disapprove an application for a permit for the residential onsite sewage system; (2) that the design, construction, installation, location, maintenance, and operation of an existing residential onsite sewage system comply with the department's rule, a local health department may not issue an order on the basis that the residential onsite sewage system is a failed system; and (3) that an existing residential onsite sewage system is not functioning properly but can be restored to proper functioning through repair, a local health department must allow the repair of the residential onsite sewage system to be made in accordance with the certification of the professional engineer. Provides that a local health department may not deny a permit for a residential onsite sewage system in a particular location on the grounds that the soil of the location is too heavily compacted if a registered soil scientist certifies that the soil can be made suitable for the residential onsite sewage system in not more than two years through the planting of plants that loosen and aerate the soil or through other means. Provides that after June 30, 2023, a local ordinance or a local health department may not impose residential onsite sewage system requirements, restrictions, or conditions that are more stringent than those of the department's rule. Requires a local health department to issue, in certain circumstances, a permit for a residential onsite sewage system not more than 30 business days after receiving the application for the permit. Effective July 1, 2023, voids a provision of the department's rule stating that the rule does not prohibit local ordinances from imposing requirements more stringent than the requirements of the department's rule. Changes population parameters used in an Indiana Code section concerning the installation of a residential onsite sewage system in fill soil, so as to reflect the population count determined under the 2020 decennial census. Amends the Indiana Code section governing the procedures for a proposal to amend or partially repeal a zoning ordinance to require a plan commission to vote on the proposal not later than 60 days after holding the public hearing on the proposal. Provides that a property owner whose property is incorporated into the territory of a municipal sanitation district (regardless of whether the property owner has filed a written remonstrance or an appeal with respect to the incorporation) is exempt from a requirement to connect to the district's sewer system and to discontinue use of a sewage disposal system on the property owner's property if: (1) the property owner's sewage disposal system: (A) was new at the time of installation; and (B) was approved in writing by the local health department, the department's designee, or a qualified inspector; and (2) the property owner obtains a written determination from the local health department, the department's designee, or a qualified inspector that the property owner's sewage disposal system is not failing. Provides that a property owner who qualifies for this exemption may not be required to connect to the district's sewer system for a period of 10 years beginning on the date of the required written determination of the local health department, the department's designee, or a qualified inspector that the property owner's septic tank soil absorption system is not failing. Provides that a property owner may apply for two five-year extensions of the exemption. Limits the total period during which a property may be exempt from the requirement to connect to a district's sewer system to not more than 20 years, regardless of ownership of the property. Sets forth certain time frames and requirements that apply to a property owner who seeks to claim the exemption. Provides that this exemption does not apply to a property owner whose property is incorporated into a district if: (1) the district has received approval from the Indiana finance authority before January 1, 2022, of a preliminary engineering report: (A) for a project to construct the sewer line to which the property owner's property is being required to connect; and (B) in connection with funding from the wastewater or drinking water revolving loan program; and (2) the timing and requirements for connection to the district's sewer system are the same for all property owners being required to connect to the district's sewer system under the terms of the project.
Amends the statute governing certificates of public convenience and necessity (certificates) that are issued by the Indiana utility regulatory commission (IURC) for the construction, lease, or purchase of electric generation facilities to require the IURC, in consultation with the department of environmental management (department), to adopt rules concerning the granting of certificates for the construction, purchase, or lease of small modular nuclear reactors: (1) in Indiana for the generation of electricity to be used to furnish public utility service to Indiana customers; or (2) at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011. Requires the IURC to adopt the rules not later than July 1, 2023. Provides that the rules adopted by the IURC must provide that in acting on a public utility's petition for a certificate for one or more small modular nuclear reactors, the IURC shall consider the following: (1) Whether, and to what extent, the one or more small modular nuclear reactors proposed by the public utility will replace a loss of generating capacity in the public utility's portfolio resulting from the retirement or planned retirement of one or more of existing electric generating facilities that: (A) are located in Indiana; and (B) use coal or natural gas as a fuel source. (2) Whether one or more of the small modular nuclear reactors will be located on the same site as or near the facility to be retired and, if so, potential opportunities for the public utility to: (A) make use of any land and existing infrastructure or facilities already owned or under the control of the public utility; or (B) create new employment opportunities for workers who have been, or would be, displaced as a result of the retirement of the existing facility. Provides that the IURC's rules must provide that the IURC may grant a certificate under circumstances and for locations other than these. Sets forth additional requirements for small modular nuclear reactors that must be included in the IURC's rules, including the requirement that the owner or operator of a proposed small modular nuclear reactor must provide evidence of a plan to apply for all licenses or permits to construct or operate the proposed small modular nuclear reactor required by the United States Nuclear Regulatory Commission, the department, or any other relevant state or federal regulatory agency. Amends the statute providing certain financial incentives for energy utilities that invest in clean energy projects by providing that, for purposes of the statute, a "clean energy project" and a "nuclear energy production or generating facility" include a small modular nuclear reactor that is constructed after June 30, 2023: (1) in Indiana for the generation of electricity to be used to furnish public utility service to Indiana customers; or (2) at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011; under the rules adopted by the IURC under the bill. Defines "small modular nuclear reactor" for purposes of the bill's provisions.
Requires a postsecondary educational institution (institution) to submit a disclosure report to the Indiana commissioner for higher education (commissioner) of gifts from a foreign source that meet the reporting threshold established by a federal law regarding disclosures of foreign gifts. Provides that the institution shall submit the disclosure report to the commissioner with the same information required to be reported in the disclosure report described in the federal law and at the same time the institution files the disclosure report under the federal law. Provides that certain information for each institution shall be posted on the commission for higher education's (commission) Internet web site. Provides that whenever it appears that an institution has failed to comply with gift disclosure requirements, a civil action may be brought by the attorney general or at the request of: (1) a member of the general assembly; (2) the governor; (3) a member of the commission; (4) a member of the state board of education; or (5) an Indiana taxpayer; to compel compliance with the gift disclosure requirements. Provides that beginning July 1, 2022, a foreign business entity may not acquire agricultural land located within Indiana for the purposes of crop farming or timber production. Specifies exceptions. Prohibits a foreign business entity that owns agricultural land located within Indiana from transferring the agricultural land to another foreign business entity after June 30, 2022, for the purposes of crop farming or timber production. Requires a foreign business entity to report the acquisition, sale, or transfer of agricultural land for the purposes of crop farming or timber production located within Indiana to the secretary of state and the attorney general. Provides that agricultural land acquired, sold, or transferred in violation of law is subject to forfeiture to the state. Adds a provision to prohibit business entities: (1) organized under the laws of the Russian Federation; or (2) wholly controlled by a citizen or citizens of the Russian Federation who are not legal residents of the United States; from holding and conveying real property located within Indiana.
Repeals provisions under which certain parties may file a petition during a child in need of services proceeding to require a parent, guardian, or custodian of the child to participate in a program of care, treatment, or rehabilitation for the child. Provides that a party that receives notice of a motion filed by the department of child services (department) to change the out-of-home placement of a child has ten days (rather then 15 days, under current law) to file a written objection and initiate a hearing regarding the motion. Requires the department to file a motion with a juvenile court in order to change the out-of-home placement of a child who: (1) has been in the same out-of-home placement for one year or more; and (2) is in a foster family home or in the care of a relative. Allows the person with whom a child is placed to waive the person's right to contest a motion filed by the department to change the child's placement, and allows the juvenile court to make an expedited ruling on the motion if the court is provided with written notice of the person's waiver. Provides that a child is a child in need of services if the child is a victim of certain offenses committed by a parent, guardian, or custodian of the child. Provides for a defense to prosecution for possession of child pornography for: (1) a department employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Specifies that costs paid from COVID-19 federal stimulus funds may not be disallowed when setting rates for 2023.Provides that a person who knowingly or intentionally produces, disseminates, or possesses with intent to disseminate an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of child exploitation. Provides that a person who, with intent to view the image, knowingly or intentionally possesses or accesses an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of possession of child pornography. Specifies that it is not a required element of the offense of child exploitation or possession of child pornography that the child depicted actually exists under certain circumstances. Defines "image". Provides for a defense to prosecution for possession of child pornography for: (1) a department of child services employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Makes conforming changes.
