Indiana Bills

Provides that when a public agency chooses to employ a construction manager as constructor (CMc) on a public works project, the applicable contract award standard for the project is "lowest and best". Increases the maximum amount of work a CMc may perform on a project from 20% of the total value of a project to 30% of the total value of a project.

Prohibits the transfer of a sex or violent offender's probation jurisdiction to another county in Indiana while the offender is required to register as an offender unless certain conditions are met. Prohibits a sexually violent predator or an offender against children from working in any setting where the predator or offender: (1) has more than incidental and occasional contact with a child who is not accompanied by the child's parent, guardian, or custodian; (2) has supervisory or disciplinary power over a child; or (3) is expected to touch a child on a more than incidental and occasional basis.

Amends provisions that allow school corporations to provide a supplemental payment to teachers in excess of the salary specified in the school corporation's compensation plan. Makes corresponding changes.

SB 3 establishes that third-party administrators and pharmacy benefit managers, when acting on behalf of a health plan sponsor, owe a fiduciary duty to that sponsor. This means these companies must prioritize the best interests of the plan sponsor in their administration of health plans and management of prescription benefits. The bill directly affects businesses that administer health plans and manage pharmacy benefits, as well as the organizations that sponsor those plans.

Allows for the use of electronic pull tab games, electronic pull tab devices, and electronic pull tab systems in charity gaming by certain organizations. Provides for a maximum number of electronic pull tab devices that may be present, for purposes of charity gaming, in a permitted location.

Allows the owner or operator of a significant ground water withdrawal facility to file a complaint with the director of the department of natural resources (director) that a water well on the property of the owner of the significant ground water withdrawal facility failed to furnish the well's normal supply of water or failed to furnish potable water. Requires the director to launch an investigation into a complaint of a well failure from a significant ground water withdrawal facility within three business days of the director receiving the complaint. Provides that the owner of a significant ground water withdrawal facility responsible for the failure or substantial impairment of a well shall provide timely and reasonable compensation to the owner of an impacted significant ground water withdrawal facility or nonsignificant ground water withdrawal facility.

Provides that a foster youth or emancipated youth is legally competent to enter into a contract with a depository financial institution to open a savings or checking account in the youth's name with the consent of a juvenile court with jurisdiction over the youth.

Provides that, after June 30, 2025, a party may not prohibit an employer from bidding on a contract solely on the basis of the employer's experience rating.

SB 520 grants an exemption to certain nonprofit cemeteries that specifically serve veterans. This bill relieves these particular cemeteries from having to follow specific deposit and trustee requirements for their perpetual care funds. These funds are typically established to ensure the long-term maintenance and upkeep of the cemetery.

Provides that certain licensing requirements relating to vehicle merchandising do not apply to distributors or manufacturers that are not located in Indiana. Provides that if certain persons engage in the business of buying, selling, or trading motor vehicles on a Sunday, those persons commit a Class B misdemeanor. Amends current law that establishes a mandatory training program that applicants for a used motor vehicle dealer license must complete. Provides that except as part of a change in dealer business entity type, a holder of a dealer license or endorsement may not take certain actions with respect to the dealer license or endorsement. Makes conforming changes.

Revises the education and experience requirements for licensure as a certified public accountant. Repeals language allowing various substitutions for licensure requirements.

Provides that beginning January 1, 2026, a water or wastewater utility (utility) that is not under the jurisdiction of the Indiana utility regulatory commission (IURC) for the approval of rates and charges shall submit a report on the utility's asset management program (program) to the IURC on a quadrennial basis according to a schedule prescribed by the IURC. Provides that a utility's report must include information: (1) demonstrating the utility's efforts to implement the Indiana finance authority's guidelines for asset management programs; and (2) certifying that: (A) the utility has the technical, managerial, legal, and financial capability to support those efforts; and (B) for a report submitted after December 31, 2026, the governing body of the utility has completed a training or continuing education program, as required under the bill, at least one time during the four year reporting period. Provides that evidence that a utility has submitted an asset management program to the Indiana finance authority (IFA) in connection with an application for a grant, loan, or other financial assistance may be provided by the utility to satisfy the requirement to demonstrate the utility's efforts to implement the IFA's guidelines for asset management programs. Requires the IURC to adopt before October 1, 2025, a general administrative order (GAO) setting forth the: (1) information required to be included in a utility's report; (2) procedures for submission of the report, including a simplified alternative reporting form that a utility with less than 1,000 customers may elect to submit; (3) quadrennial reporting schedule for submitting a report; and (4) criteria to be used by the IURC in making certain determinations about a utility's asset management program. Provides that the IURC shall verify on a quadrennial basis: (1) the sufficiency of each utility's program; and (2) the program's compliance with the IURC's GAO. Provides that if the IURC determines that specified deficiencies exist with respect to a utility's program, the IURC: (1) shall notify the utility of the deficiency and provide the utility a time frame in which the utility must correct the deficiency; and (2) may require the utility to undergo an informal rate review. Provides that if a utility receives two consecutive notices of a deficiency from the IURC: (1) the IURC shall assert jurisdiction over the rates and charges of the utility; and (2) the utility must undergo base rate cases under the statutory procedure that applies to wastewater utilities that have been issued two enforcement orders by the department of environmental management. Provides that if a utility receives three consecutive notices of a deficiency over the course of three consecutive verifications, the IURC may initiate a receivership proceeding with respect to the utility. Authorizes the IURC to enter into an agreement with: (1) the department of environmental management; and (2) the Indiana finance authority; to carry out these requirements. Authorizes the IURC to delegate its authority to: (1) review reports submitted by utilities under the bill's provisions; and (2) issue determinations and notices of deficiency; to technical staff, subject to the right of a utility to appeal a determination by technical staff to the full IURC. Provides that beginning January 1, 2027, the governing body of a utility must, on at least a quadrennial basis, complete a training or continuing education program that: (1) includes instruction on specified topics; and (2) is offered by: (A) the IURC; (B) the drinking water and wastewater infrastructure research and extension program; or (C) a statewide not-for-profit association for rural water or wastewater utilities.