Rep. Jim Pressel

Establishes the Indiana first responders mental health wellness fund and program (fund and program). Provides that the division of mental health and addiction of the office of the secretary of family and social services (division) shall administer the fund and program. Provides that a first responder who meets certain requirements may apply to the division for: (1) costs associated with the first responder's active participation in a mental health treatment plan as determined by a psychologist or physician treating the first responder; and (2) compensation if the first responder is unable to work. Establishes requirements for obtaining compensation. Makes a continuous appropriation.

Adds an exception to the disposition of surplus personal property by a governmental body. Expands the definition of "alternative fuel" to include hydrogen, hythane, electricity, or any other fuel used to propel a motor vehicle on a highway that is not subject to certain taxes. Provides for the taxation of motor carriers using alternative fuels other than butane or propane. Provides that a carrier subject to certain imposed motor vehicle taxes is exempt from submitting to the department of state revenue (department) quarterly reports of the operations of commercial motor vehicles giving rise to the carrier's tax liability as the department may require under certain circumstances. Provides that a carrier that is exempt from the quarterly reporting requirements: (1) must continue to file a quarterly return to obtain a promotional use credit; (2) is required to keep books and records; and (3) is exempt from certain requirements regarding an annual permit, a cab card, and an emblem. Provides that a person who is living in Indiana and has been granted parole is included in the definition of "Indiana resident". Defines "lawful status". Repeals the term "credential". Defines "physical credential". Provides that the bureau of motor vehicles (bureau) may issue a driver's license, permit, or identification card to certain individuals granted parole in the United States under 8 U.S.C. 1182(d)(5). Provides that the bureau may issue rules, including emergency rules, to provide a driver's license, permit, or identification card to certain individuals granted parole, as well as registrations and certificates of title for motor vehicles of certain individuals granted parole. Provides for when a credential issued by the bureau must be in the form of a physical credential or a mobile credential. Provides for the form of the mobile credential. Provides that, beginning July 1, 2023, and each year thereafter, the bureau is required to provide the executive director of the legislative services agency the name of a special group for whom: (1) 10 years have elapsed since the special group was admitted into the special group recognition license plate program; or (2) 10 years have elapsed since the previous review of the special group by the interim study committee on roads and transportation. Provides that if a special group was subject to a decennial review before July 1, 2023, then the next review occurs in the year which is a multiple of 10 years after the year of the special group's admittance to the special group recognition license plate program. Prohibits a consolidated city from installing a sign prohibiting a turn at a steady red signal. Specifies the calculation for the amount of the supplemental fee for hybrid and electric vehicles. Requires a person who drives a vehicle approaching a disabled stationary vehicle with flashing hazard warning signals to do either of the following, while proceeding with due caution: (1) Yield the right-of-way by making a lane change into a lane not adjacent to that of the disabled stationary vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle. (2) Reduce the speed of the vehicle to a speed at least 10 miles per hour less than the posted speed limit, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe. Provides that a person who does not yield the right-of-way or reduce the speed of the person's vehicle commits a Class B infraction. Provides that the term "driver training school" does not include a business enterprise that educates or trains a person or prepares a person to operate a commercial motor vehicle. Allows a driver training school to administer a driving skills test to an individual who holds a valid learner's permit. Provides that certain entities are immune from civil liability for an act or omission occurring during a motorcycle operator safety course that results in an injury or property damage. Provides that administrative procedures of the bureau do not apply to a hearing requested by a nonresident regarding the suspension of the driving privileges of the nonresident for failure to meet the terms of a citation. Provides that a document preparation fee that is less than $200 is permitted and does not constitute an unfair practice. Provides civil immunity for a dealer in an action regarding the resale of a buyback vehicle if the dealer had a reasonable good faith belief the vehicle was not a buyback vehicle. Provides for the process for suspending the Indiana driving privileges of a minor who is an Indiana resident for failing to appear or answer a traffic summons. Makes conforming changes.

Allows a fire protection district or fire protection territory to establish a merit system. Provides that unless a resolution or ordinance to establish a merit system is rejected not later than December 31, 2024, a merit system is established on January 1, 2025, for eligible: (1) city and town police and fire departments and township fire departments; and (2) fire protection districts and fire protection territories. Provides that the merit system may be dissolved after January 1, 2025. Requires a unit, district, or territory to vote to either retain or dissolve the merit system after January 1, 2029, and before January 31, 2029. Repeals a provision containing definitions and moves the definitions to another location.

Provides that, subject to certain procedures and requirements, the office of the secretary of family and social services may apply to the United States Department of Health and Human Services: (1) for a Medicaid state plan amendment, a waiver, or an amendment to an existing waiver to require reimbursement for eligible certified community behavioral health clinic services; or (2) to participate in the expansion of a community mental health services demonstration program. Requires the division of mental health and addiction to establish and maintain a help line: (1) to provide confidential emotional support and referrals to certain resources to individuals who call the help line; and (2) that is accessible by calling a toll free telephone number. Establishes the Indiana behavioral health commission (commission) and sets forth the commission's membership. Changes the name of the "9-8-8 crisis hotline center" to "9-8-8 crisis response center". Makes conforming changes.

Defines "core public health services" for purposes of public health laws. Adds members to the executive board of the Indiana department of health (state department). Removes a provision allowing the state department to establish branch offices. Provides that the state department may provide services to local health departments. Requires each local board of health to establish a local public health services fund to receive state funding. Provides a method of allocation of state funding to local boards of health, subject to state appropriations. Specifies the percentage of how additional funding may be expended on core public health services. Allows the local health department to enter into contracts or approve grants for core public health services. Allows the state department to issue guidance to local health departments. Requires the state department to make annual local health department reports available to the public. Changes the qualification requirements for a local health officer and requires certain training. Requires the state department to identify state level metrics and county level metrics and requires certain local health departments to report to the state department activities and metrics on the delivery of core public health services. Requires the state department to annually report on the metrics to the budget committee and publish information concerning the metrics on the Internet. Requires that a local health department post a position or contract for the provision or administration of core public health services for at least 30 days. Requires a local health department to provide certain education before administering a vaccine. Requires a multiple county health department to maintain at least one physical office in each represented county. Provides that a new city health department cannot be created after December 31, 2022, but allows current city health departments to continue to operate. Creates the Indiana trauma care commission. Allows a school corporation that cannot obtain an ophthalmologist or optometrist to perform the modified clinical technique vision test to conduct certain specified vision screenings. Requires the school to send to the parent of a student any recommendation for further testing by the vision screener. Allows for standing orders to be used for emergency stock medication in schools. Allows the state health commissioner or designee to issue a statewide standing order, prescription, or protocol for emergency stock medication for schools. Removes the distance requirement for an access practice dentist to provide communication with a dental hygienist. Repeals provisions concerning the Indiana local health department trust account.

Provides that a person may not: (1) construct a new utility scale battery energy storage system (BESS); or (2) expand the capacity of an existing BESS by more than 10% of the system's original capacity; without the prior approval of the department of homeland security (department). Sets forth information that must be included in an application to the department for approval of the construction or expansion of a BESS. Provides that: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; must comply with the National Fire Protection Association's standard concerning stationary energy storage systems (NFPA 855). Provides that the total capacity of the batteries contained within a single enclosure in: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; may not exceed 10 megawatt hours unless authorized under rules adopted by the fire prevention and building safety commission (commission). Provides that if a BESS installed after June 30, 2023, is located less than 1/2 mile from the nearest 100 year flood plain, all of the system's equipment must be located at least two feet above the 100 year frequency flood elevation. Requires the operator of a BESS to: (1) provide a copy of the operator's emergency response plan for the BESS; and (2) offer training to enable effective response to a fire or contaminant discharge at the BESS; to the fire department responsible for providing fire protection services in the area in which the BESS is located. Authorizes the commission to adopt rules to specify standards for the installation and operation of a BESS. Provides that the commission's rules: (1) must be consistent with NFPA 855; and (2) must include standards for: (A) chemical spill prevention and control; and (B) appropriate setbacks from surface water resources. Requires the department to issue to the interim study committee on energy, utilities, and telecommunication, not later than November 1, 2023, a report regarding the progress of the commission in adopting rules addressing the installation and operation of a BESS.

Provides that, to obtain a learner's permit, an individual who is less than 18 years of age must provide the bureau of motor vehicles with an emergency contact person who is not the holder of the learner's permit to be listed in the Indiana emergency contact data base for the individual who holds the learner's permit.

Provides that school coaches, assistant coaches, marching band leaders, drama and musical leaders, and extracurricular activity leaders may ensure that an operational automated external defibrillator (AED) is present at each event in which students have an increased risk of sudden cardiac arrest (event) for which the individual is providing coaching or leadership. Provides that the AED may be: (1) deployed in accordance with the venue specific emergency action plan; (2) located on the premises where the event occurs; and (3) present for the duration of the event. Allows two or more events to share an AED if certain conditions are met. Provides that school coaches, assistant coaches, marching band leaders, drama and musical leaders, and extracurricular activity leaders, at each event, may inform all individuals who are overseeing or supervising the activity of the location of the AED. Provides that a school corporation, charter school, and state accredited nonpublic school may: (1) ensure that each required AED is properly maintained; (2) develop a venue specific emergency action plan for sudden cardiac arrest (plan); (3) post the plan in a conspicuous place at an event; and (4) share the plan with the school board, school coaches, assistant coaches, marching band leaders, drama and musical leaders, extracurricular activity leaders, and applicable students. Requires a plan to: (1) establish a goal of responding within three minutes; and (2) require the performance of periodic drills. Provides that a school corporation, a charter school, a state accredited nonpublic school, or an accredited nonpublic school may apply for a grant from the Indiana secured school fund to purchase an AED under certain circumstances. Requires the department of education to conduct a statewide survey of school corporations, charter schools, and state accredited nonpublic schools to determine: (1) the number of AEDs owned before July 1, 2023, by schools; and (2) school policies in effect before July 1, 2023, regarding AEDs.

Specifies certain entities, actions taken, or factors considered to which the ESG commitment provisions do not apply. Provides that if the treasurer of state concludes that the service provider has made an ESG commitment, the treasurer of state shall provide the name of the service provider and research supporting the conclusion to the board of trustees of the Indiana public retirement system (board). Prohibits the board from making an investment decision with the purpose of influencing any social or environmental policy or attempting to influence the governance of any corporation for nonfinancial purposes. Prohibits the Indiana public retirement system (system) from making an ESG commitment with respect to system assets. Provides that in making and supervising investments of the system, the board shall discharge its duties solely in the financial interest of the participants and beneficiaries of the system for the exclusive purposes of providing financial benefits to participants and beneficiaries and defraying reasonable expenses of administering the system. Provides that the board, in accordance with certain fiduciary duties, shall make investment decisions with the primary purpose of maximizing the target rate of return on the board's investments. Prohibits the board from entering a contract or modifying, amending, or continuing a contract with a service provider that has made an ESG commitment unless taking the action violates the board's fiduciary duty to the system's participants and beneficiaries. Requires the board to continue contracting with a service provider that has made an ESG commitment if the board determines that there is not a comparable service provider to replace the service provider. Requires the board to, at least annually, tabulate and report all proxy votes made by a service provider that is not a private market fund in relation to the administration of the system. Specifies certain persons and entities that are immune from civil liability and entitled to indemnification. Requires the board to: (1) ensure that reasonable efforts are made during the due diligence process before an investment is made and in monitoring investments in the public employees' defined contribution plan, an annuity savings account for the public employees' retirement fund or the Indiana state teachers' retirement fund, the teachers' defined contribution plan, the legislators' defined contribution plan, and a private market fund to determine whether any investments would violate the requirement that the board discharge its duties solely in the financial interest of the participants and beneficiaries of the system; and (2) take appropriate action, if necessary, consistent with the board's fiduciary duties. Defines terms and makes conforming amendments.

Provides that a transit development district may be established in a municipality that is located in a county that is a member of the development authority and has operated regularly scheduled commuter bus services to Chicago, Illinois, with prior financial assistance from the development authority, and shuttle bus services that transport riders to a train station or a regular train stop along the Chicago to South Bend line. Provides for a public transportation corporation located in a county having a population of more than 185,000 and less than 200,000 to expand service beyond the boundary of the county to an adjacent county if the counties have entered into an interlocal cooperation agreement to expand service.