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signed · Indiana · Senate Apr 22, 2021

SB 7: Forensic nurses.

Specifies requirements that a registered nurse must meet in order to practice as a forensic nurse. Requires biennial continuing education for a forensic nurse. Provides that a forensic nurse who is practicing as a forensic nurse on June 30, 2021, is not required to meet the biennial forensic nursing education requirements until June 30, 2023.
Michael Crider (R) Ed Charbonneau (R) Julie Olthoff (R) · 7 co-sponsors
signed · Indiana · Senate Apr 22, 2021

SB 370: Limitation on actions concerning deposit accounts.

Amends the statute concerning the statute of limitations for actions upon promissory notes, bills of exchange, or other written contracts for the payment of money to include actions upon deposit accounts. Specifies that the bill's provisions are intended to be a restatement of the law and not a substantive change in the law and as such shall be applied with respect to deposit accounts executed during the applicable time frames set forth in the statute.
Martin Carbaugh (R) Andy Zay (R) Mike Bohacek (R) · 2 co-sponsors
signed · Indiana · Senate Apr 22, 2021

SB 205: Teacher training.

Requires the department of education (department) to provide an initial practitioner license to an individual that competes an alternative teacher certification program. Requires the individual to complete a one year clinical experience program. Provides that the individual may not teach a special education course or be a teacher of record for a special education student. Provides that a school corporation, charter school, or state accredited nonpublic school shall submit a plan to the department if the school corporation, charter school, or state accredited nonpublic school hires one or more individuals who have received an initial practitioner license. Requires a teacher preparation program to include curriculum that instructs teachers about social emotional learning practices that are helpful in supporting students who have experienced trauma. Mandates that a teacher preparation program consider training teachers on evidence based social emotional learning practices that are consistent with the state's social emotional learning competencies established by the department of education. Makes conforming changes.
Brian Buchanan (R) Linda Rogers (R) Kyle Walker (R) Dale DeVon (R) · 6 co-sponsors
signed · Indiana · Senate Apr 22, 2021

SB 365: Immunity for physician wellness programs.

Defines "wellness program". Specifies that the proceedings and deliberations of a wellness program are confidential. Specifies certain exceptions. Provides that all minutes, records, reports, written expert opinions, written communications, and other comparable memoranda prepared or created by a wellness program are privileged. Specifies certain exceptions. Prohibits all wellness program personnel and participants from revealing or disclosing the substance of wellness program communications, records, and determinations to any person or entity outside of the wellness program. Specifies certain exceptions. Allows a court to order in writing the release of confidential or privileged information belonging to a wellness program after a hearing if the court makes specified findings. Provides that the exchange of confidential or privileged information or memoranda between wellness groups does not result in the waiver of applicable confidentiality and privilege provisions. Provides that confidentiality and privilege provisions applicable to certain records do not make the records inaccessible to people or entities that would otherwise be eligible to receive or access the records under existing state or federal law. Provides that the confidentiality and privilege provisions applicable to wellness groups do not abrogate, limit, or restrict any other privacy protection applicable to a patient or the patient's health or medical information. Specifies that certain individuals may not be named as a party in a civil suit in connection with certain actions taken with respect to a wellness program. Provides that a member, consultant, or participant who comprises or participates in a wellness program is not required to report a licensed physician to the medical licensing board for any act, omission, statement, discovery, or disclosure unless the licensed physician presents a threat to himself or herself, to his or her patients, or to the general public.
Donna Schaibley (R) Michael Crider (R) Ed Charbonneau (R) · 4 co-sponsors
signed · Indiana · Senate Apr 22, 2021

SB 195: Proof of mailing date.

Provides that payment mailed to the county treasurer with metered postage is timely received if: (1) the envelope is properly addressed to the principal office of the county treasurer; (2) the envelope has sufficient metered postage from a meter postage provider approved by the United States Postal Service; (3) the metered postage is affixed to the envelope and bears the actual date of when it was affixed and that date is on or before the due date; and (4) the envelope is received by the county treasurer not later than five business days after the due date. Provides that a taxpayer is subject to a penalty of 5% of the amount of delinquent taxes if a payment to the county treasurer is: (1) mailed or deposited with a parcel carrier by the thirtieth day after the due date (the initial penalty period) and the postmark, certificate of delivery, or other evidence indicates the date of the mailing or deposit; or (2) mailed and affixed with a metered postage stamp indicating a date not later than the thirtieth day after the due date and the payment is received by the county treasurer not later than five business days after the thirtieth day after the due date. Provides that if a payment is mailed and received not later than 30 days after the due date without a legible post mark, the person is considered to have made the payment by the thirtieth day after the due date, if the person can show by reasonable evidence that the payment was timely mailed. Provides that if a payment is mailed or sent by parcel carrier but not received by the thirtieth day after the due date, the person is considered to have made the payment by the thirtieth day after the due date, if the person can show by reasonable evidence that the payment was timely mailed and makes a duplicate payment within 30 days after the person is notified that the payment was not received.
Jeff Raatz (R) Brad Barrett (R) Dennis Kruse (R) · 4 co-sponsors
signed · Indiana · Senate Apr 22, 2021

SB 20: Regulation of micro market food sales.

Specifies that "micro market display" includes a hot beverage brewer. Specifies that a "vending machine" includes a self-service device that can be activated by the use of a software application on a smartphone. Provides that a micro market can sell hot beverages. Provides that an owner or operator of a micro market shall not be required to: (1) submit any documentation; or (2) be subject to any pre-plan review, inspection process, or approval process by the state department, corporation, or local health department before the installation of a micro market. Provides that an owner or operator of a micro market must notify the corporation or local health department where the micro market is located no later than 10 business days after the installation of the micro market. Provides that an owner or operator of a micro market shall not be subject to any fee associated with providing notice to a corporation or local health department.
Ronald Grooms (R) Alan Morrison (R) Ed Charbonneau (R) Jon Ford (R) · 2 co-sponsors
signed · Indiana · Senate Apr 22, 2021

SB 416: Hospitals and certificates of public advantage.

Establishes a certificate of public advantage (certificate) pertaining to mergers between hospitals located in counties that meet certain requirements to be issued by the state department of health (state department). Provides that a hospital that has been issued a certificate may not be purchased by another hospital or system of hospitals unless the purchase has been approved by the Federal Trade Commission. Sets forth the procedure and standards for obtaining a certificate and maintaining the certificate. Requires the state department to establish fees for the application of a certificate and the monitoring of an entity holding a certificate in an amount reasonably sufficient to fully fund the costs of the review and supervision of the application. Provides that for the first five years that a hospital is operating under a certificate the hospital: (1) may not increase the charge for each individual service that the hospital offers by more than the increase in the Consumer Price Index for Medical Care; and (2) must invest the realized cost savings for the benefit of the community. Requires a hospital the has been issued a certificate to file an annual report. Allows the office of the attorney general to issue an investigative demand concerning the issuance or maintenance of a certificate. Provides for an appeal of a determination made by the state department concerning the issuance or maintenance of a certificate.
Alan Morrison (R) Ed Charbonneau (R) Jon Ford (R) · 2 co-sponsors
signed · Indiana · Senate Apr 22, 2021

SB 187: Protection of monuments, memorials, and statues.

Requires the state police department to prioritize the investigation and prosecution of persons who destroy, damage, vandalize, or desecrate a monument, memorial, or statue. Requires the state police department to assist political subdivisions in the investigation and prosecution of persons who destroy, damage, vandalize, or desecrate a monument, memorial, or statue. Provides that discretionary funding for a political subdivision may not be withheld from a political subdivision in certain circumstances. Provides that a state agency may provide discretionary funding to a political subdivision for a respective grant program after considering whether the political subdivision has taken all appropriate enforcement actions to protect public monuments, memorials, and statues from destruction or vandalism. Defines "discretionary funding". Adds enhanced penalties to the crime of rioting.
Jack E. Sandlin (R) Matt Lehman (R) Eric Koch (R) Aaron Freeman (R) · 8 co-sponsors
signed · Indiana · Senate Apr 22, 2021

SB 234: Withholding tax remittance.

Requires the department of state revenue (department) to provide written notice, by electronic means, to each employer that is registered in the department's online INTIME program and whose employer's Form WH-1 monthly withholding tax report or withholding tax remittance is past due. Requires each payroll service provider to annually register with the department beginning January 1, 2022. Specifies the contents of the annual registration form. Defines "payroll service provider" and "responsible person" for purposes of these provisions. Provides that the department may charge an annual payroll service provider registration fee for purposes of the registration program. Provides that a provider shall be permitted to retain any income generated on business client (client) funds while held in a provider's legal possession pending remittance to authorized payees if the client agreement expressly permits it and the provider complies with certain rules. Provides that a payroll service provider contract must include a provision that specifies that if the payroll service provider fails to deposit or remit a business client's employer withholding taxes when due, and the failure is caused by an error or omission of the payroll service provider and not by the business client, the payroll service provider shall be required to reimburse the business client for the business client's payment of any penalties or interest assessed by the department as a result of the failure. Provides that, if a provider knowingly or intentionally fails to remit taxes withheld, the provider is liable and responsible persons shall be personally liable for such taxes that were withheld and not remitted, along with penalties and interest. Provides that a responsible person of the provider who knowingly or intentionally fails to remit taxes that were withheld commits a Class A misdemeanor, and increases the penalty depending on the amount of taxes that were not remitted. Provides that the liability shall not be construed to relieve the liability of the employer or any person otherwise with a duty to withhold. Provides that the employer's address shall be the address of record with the department for withholding tax purposes and that a payroll service provider may not change the address of record with the department.
Brian Buchanan (R) Doug Miller (R) Travis Holdman (R) Linda Rogers (R) · 31 co-sponsors
signed · Indiana · Senate Apr 22, 2021

SB 263: Religious activities as essential services.

Prohibits the state and a political subdivision from imposing restrictions on a religious organization that are more restrictive than the restrictions imposed upon other businesses and organizations that provide essential services to the public. Permits the state or a political subdivision to require a religious organization to comply with a neutral and generally applicable health, safety, or occupancy requirement to the same extent as other organizations, if the requirement is otherwise allowable under Indiana's religious freedom law. Provides that the state, a political subdivision, or an officer or employee of the state or a political subdivision may not restrict the right of the people to worship or to worship in person during a disaster emergency.
Greg Steuerwald (R) Eric Koch (R) Aaron Freeman (R) Liz Brown (R) · 18 co-sponsors
signed · Indiana · Senate Apr 22, 2021

SB 251: Deduction of dues to exclusive representative.

Provides that a school employee has the right to resign from, and end any financial obligation to, a school employee organization at any time. Provides that a school employee must annually authorize a pay deduction to a school employee organization. Provides that the attorney general, in consultation with the Indiana education employment relations board (board) shall prescribe an authorization for withholding form for use by a school employee to deduct dues from the pay of the school employee to the school employee organization. Adds certain requirements for information to be included on the form. Provides that after receiving the authorization for withholding form, the employer shall confirm the authorization by sending an electronic mail message to the school employee at the employee's school provided work electronic mail address and shall wait for confirmation of the authorization before starting any deduction. Specifies the time frame for (1) ceasing withholding upon receipt of a request, and (2) providing notice to the school employee organization. Provides that a school employer shall annually provide, at a time it prescribes, written or electronic mail notification to its school employees of their right to cease payment of school employee organization dues and to withdraw from that organization. Specifies what the notification must include. Provides that the attorney general, in consultation with the board and the department of education, must annually provide notice to school employers of certain provisions.
Jeff Raatz (R) Linda Rogers (R) Phil Boots (R) Chuck Goodrich (R) · 4 co-sponsors
signed · Indiana · Senate Apr 22, 2021

SB 94: Pension matters.

Provides that the Indiana public retirement system (INPRS) shall pay the governors' retirement and surviving spouse pensions from the public employees' retirement fund (PERF). (Current law makes the auditor of state responsible for the payments.) Modifies provisions related to the pension entitlement for the surviving spouse of a governor. Changes the definition of "retired participant" in the retirement medical benefits account statute. Eliminates the requirement that INPRS shall make an actuarial valuation of the assets and liabilities of the retiree health benefit trust fund at least every two years and instead requires INPRS each year to report the assets and liabilities of the retiree health benefit trust fund and make recommendations for employer contribution amounts. Provides that if an individual becomes a participant in the public employees' defined contribution plan with respect to the individual's service as a volunteer firefighter, the individual does not earn creditable service in the fund for service with a volunteer fire department. Provides that interest shall be credited to the account of each participant in the prosecuting attorneys' retirement fund at least annually. Specifies the repayment conditions that apply if a participant of the judges' retirement system or a fund member of the 1977 police officers' and firefighters' pension and disability fund withdraws from the respective fund and again becomes a participant or member of the respective fund at a later date. For purposes of the PERF and state teachers' retirement fund: (1) adds survivors and beneficiaries to provisions related to recouping, stopping, or terminating benefits; (2) provides that if an overpayment occurs, the board may not require a member, survivor, or beneficiary to pay more than 25% of their monthly benefit toward the overpayment; and (3) provides that if an overpayment began before July 1, 2015 and was caused by no fault of the member, survivor, or beneficiary, the board may only require a member, survivor, or beneficiary to pay the amount of the overpayment of benefits received during the six years before the date INPRS discovers the overpayment and attempts to provide notice of the overpayment. Provides that the budget agency may transfer appropriations from federal or dedicated funds to the retiree health benefit trust fund. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)
Jeff Thompson (R) Phil Boots (R) Dennis Kruse (R) · 1 co-sponsor
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