Rep. Jim Pressel

With certain exceptions, requires an agency to repeal a rule before the agency may adopt a new rule that requires or prohibits an action on behalf of a person. Requires an agency to submit an emergency rule to the attorney general for review and approval before the emergency rule may take effect. Provides that emergency rules may not be effective for a period that exceeds 180 days. Provides that certain emergency rules expire not more than two years after the rule takes effect. Requires an agency adopting an administrative rule to submit an economic impact statement and an explanation of any penalty, fine, or other similar negative impact included in the proposed rule to the publisher of the Indiana administrative code (publisher). Requires the publisher to provide a copy of the materials concerning a proposed rule or pending readoption to the members of the appropriate standing committee. Provides that administrative rules expire on July 1 of the fourth year after the year in which the rule takes effect (instead of January 1 of the seventh year after the year in which the rule takes effect). Requires an agency intending to readopt an administrative rule to provide to the publisher, not later than January 1 of the third year after the year in which the rule most recently took effect: (1) notice of; and (2) information concerning; the pending readoption. Makes corresponding changes.

Provides that a governmental body may not enter into a contract with a person for the purchase of supplies or services unless the contract contains a written verification from the person that the person: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or a firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or a firearm trade association. Applies this requirement to public works contracts and to contracts relating to investment of public funds.

Authorizes the state police department and the Indiana department of transportation to establish the automated work zone speed enforcement pilot program (pilot program) to enforce highway work zone speed limits. Creates the automated work zone speed enforcement pilot program fund to deposit fines collected by the pilot program.

Provides that an employment agency (agency) commits price gouging if an agency's charge is in excess of three times the fair market value of the health care services of a health care employee or temporary worker. Raises the surety bond for an agency from $1,000 to $10,000. Raises the annual licensing fee for an agency from $150 to $200. Includes violation of laws by the agency as a reason to deny the issuance of an agency's license. Specifies that the filing of a list of fees, charges, and commissions does not cause the fees, charges, or commissions to be reasonable or conscionable. Prohibits an agency that contracts for services with a health care provider employer from charging fees, charges, or commissions in excess of three times the fair market value of the health care services rendered by the agency or by an applicant referred by the agency. Requires the agency to keep certain records for five years rather than two. Specifies that fees that are paid are not refundable. Amends the definition of "employment agency" to include the temporary performance of services. Prohibits an agency from giving false information or making a false representation to an employer regarding an applicant or the applicant's qualifications to provide service to the employer. Establishes the following requirements on an agency: (1) Timely billing to a health care provider employer. (2) Providing certain information on an employee's qualifications to a health care provider employer. (3) Requiring compliance with requirements relating to the qualifications of personnel employed. (4) Prohibiting the agency from restricting employment opportunities of its personnel. (5) Prohibiting the agency from recruiting employees of a health care provider to which the agency supplies personnel. (6) Requires the agency to reimburse a health care provider employer for fines for violations by the agency or an employee or personnel of the agency in the provision of health care services. (7) Prohibits an agency's contract with an employee or health care provider employer from requiring payment of liquidated damages, employment fees, or other compensation if the employee is hired as a permanent employee of the health care provider employer. Allows an applicant or employer to report an agency's violation and allows the applicant and employer a private right of action. Raises the fee for a conviction from $10 to $1,000. Allows the office of the attorney general to investigate and prosecute complaints. Provides that the division of consumer protection is responsible for the investigation of complaints. Specifies the procedures for investigating complaints against an agency. Requires an agency to: (1) screen prospective employees; (2) conduct background checks on employees before they work for a health care provider; (3) complete an employee performance review; (4) provide health care providers with certain information on the employees; and (5) annually submit a report. Makes conforming and stylistic changes, and removes obsolete language.

Amends as follows the Indiana Code section requiring the bureau of motor vehicles (bureau) to implement a statewide electronic lien and title system (system) to process vehicle titles and transactions involving security interests in vehicles: (1) Provides that if the bureau elects under the statute to allow qualified electronic lien service providers (providers) to facilitate the creation of the system, a participating provider may, upon implementation of the system, recover the provider's proportionate share of the costs associated with the development and ongoing administration of the system by charging a fee in an amount that is: (A) consistent with market pricing; and (B) determined by the bureau upon implementation of the system; for each lien notification transaction provided through the system. (Current law provides that if the bureau elects under the statute to contract with a vendor to develop the system, the vendor may recover, upon implementing the system, system development and administration costs through the imposition of a fee. However, if the bureau elects to allow providers to facilitate the creation of the system, current law requires each participating provider to remit to the bureau, not later than 30 days after being notified of the provider's qualification to participate, a payment in the amount of the provider's proportionate share of the total cost to develop the system.) (2) Prohibits a provider from charging lienholders or their agents any additional fee for lien releases, assignments, or transfers (as is provided for in current law with respect to the lien notification fee that a vendor selected by the bureau is authorized to charge). (3) Authorizes lienholders or their agents to charge: (A) the borrower in a vehicle loan; or (B) the lessee in a vehicle lease; an amount equal to any lien notification fee imposed by a provider, plus a fee in an amount not to exceed $3 for each electronic lien transaction (as is provided for in current law if the bureau elects under the statute to contract with a vendor to develop the system). (4) Eliminates the requirement that each provider remit to the bureau an annual fee: (A) established by the bureau; and (B) not exceeding $3,000; for the operation and maintenance of the system.

Provides that an association or representative organization that meets certain requirements has standing to: (1) bring a declaratory judgment action as to an ordinance adopted under the planning and development law; and (2) obtain judicial review of a zoning decision.

Allows a water or wastewater utility to extend service to a developed but underserved area without a deposit from customers if the extension of service will result in a positive contribution to the utility's overall cost of service over a 20 year period. Provides that the extension of service will be considered as resulting in a positive contribution to the utility's overall cost of service over a 20 year period to the extent that rates to be paid by 50% or more of the customers who could be served by the extension of service would enable the utility to fully recover the weighted cost of debt and depreciation expense attributable to the cost of the main extension for the extension of service. Provides that if a water or wastewater utility determines that an extension of service will not result in a positive contribution to the utility's overall cost of service over a 20 year period, the utility may require a deposit or other adequate assurance of performance from the customers to be served by the extension of service. Provides that if a property owner makes an improvement to the property owner's dwelling, the property owner is not required to upgrade or discontinue use of the property's septic tank soil absorption system or to connect to a sewer system if the improvement does not include the addition of a bedroom or bedroom equivalent and the property owner receives a written determination from a qualified inspector that the septic tank soil absorption system is not failing. Provides that if a tract of land is located within the boundaries of a conservancy district established for sewage purposes, no structure located on the tract of land is connected to or served by the conservancy district's sewage service, the tract of land has been annexed by a municipality that will provide sewer service to the tract of land, and other conditions are met, the owner of the tract of land may petition the court that established the conservancy district for the removal of the tract of land from the boundaries of the conservancy district.

Removes the list of commodities and the specific weight limitations for certain commodities from the definition of "overweight divisible load". Provides that the Indiana department of transportation (department) may issue an overweight permit for transporting overweight vehicles and loads carrying resources on certain highways in the state highway system. Provides that a deviation from an approved route constitutes a violation subject to a civil penalty. Provides that not more than 8,500 single trip permits may be issued annually for applicants with a total equivalent single axle load calculation of more than 2.40 equivalent single axle load credit. Provides that the trip permit limit and trip weight limit do not include overweight divisible load permits obtained by shippers and carriers that obtained permits before January 1, 2021. Provides that the department may temporarily increase the number of overweight divisible load permits issued by order of the commissioner in response to an emergency or changes in market conditions. Provides that the department may limit the number of overweight divisible load permits issued to an individual applicant. Requires the department to adopt rules due to lack of transportation options for certain resources, supply chain interruptions, or supply dock backlogs. Provides that the department shall issue a report to the legislative council and the interim study committee on roads and transportation regarding the fee structure of overweight divisible load permits, and regarding the impact of overweight divisible loads on roads and highways by July 1, 2023. Provides that the department shall issue an annual report to the legislative council and the interim study committee on roads and transportation regarding market fluctuation in the number of overweight divisible load permits issued during the previous year. Provides that the Indiana state police department shall issue an annual report to the legislative council and the interim study committee on roads and transportation regarding the number of accidents involving applicants permitted for overweight divisible loads. Provides that a local authority may grant permits for transporting overweight divisible loads on local streets under the control of the local authority. Makes conforming changes.

Provides that a county executive or the legislative body of a city or town does not have the power to prohibit: (1) a public utility or department of public utilities from furnishing utility service to a utility customer; or (2) a customer of a public utility or department of public utilities from purchasing, using, or connecting or reconnecting to a utility service; based on the energy source of the utility service. Defines a "federal phaseout mandate" as any federal statutory or regulatory requirement that: (1) is established after April 20, 2021, by Congress, a federal agency, or a federal executive order; and (2) requires the phaseout or discontinuance of a particular type of electric generating facility, technology, or fuel source. Requires the utility regulatory commission to consider in the context of: (1) applications for certificates of public convenience and necessity for new generating facilities; and (2) integrated resource planning; the impact of federal phaseout mandates on the estimated useful life of certain generating facilities of an electric utility, including on depreciation expense associated with such facilities. Provides that, except for purposes of compliance with specified building and fire safety laws, a local unit does not have the power to: (1) require that a particular component, design, or type of material be used in the construction of a building because of the energy saving or energy producing qualities of the component, design, or material; (2) prohibit the use of a particular component, design, or type of material in the construction of a building because the component, design, or material does not meet an energy saving standard; (3) require that a building or structure be retrofitted with a particular device or type of material because of the energy saving or energy producing qualities of the device or material; (4) prohibit or restrict the purchase or use of vehicles based upon the type of energy used; or (5) prohibit the sale, installation, or use of: (A) natural gas powered: (i) home heating equipment; (ii) home appliances; or (iii) outdoor heating appliances, torches, lamps, or other decorative features; or (B) outdoor grills and stoves. Specifies that: (1) this prohibition does not apply with respect to requirements included in procurement documents used to procure goods and services, including the construction or design of buildings, to be owned or used by a local unit; and (2) a local unit may adopt bid specifications for a public works project that include energy savings or energy production provisions with respect to the components, design, or materials for the specific project.

Requires that the priority ranking system used by the Indiana finance authority in making loans or other financial assistance from: (1) the drinking water revolving loan fund; or (2) the wastewater revolving loan fund; must prioritize loans securing longer term benefits over shorter term projects, all other factors being equal. Provides that not later than 60 days after the effective date of a change in the applicable federal or state income tax rate as a result of new legislation, a water or wastewater utility shall petition the utility regulatory commission (IURC) for a water or wastewater utility surcharge that adjusts the water or wastewater utility's rates and charges to provide recovery for the change in the federal or state income tax rate. Provides that a water or wastewater utility that serves fewer than 8,000 customers may, but is not required to, file a petition for such a surcharge. Provides that a surcharge shall be calculated to reflect the difference between: (1) the amount of federal or state income taxes that each existing rate or charge of the water or wastewater utility was designed to recover based on the income tax rate in effect at the time the rate or charge was approved; and (2) the amount of federal or state income taxes that would have been embedded in the given rate or charge had the new tax rate been in effect at the time of approval. Provides that a surcharge shall not include normalization of a water or wastewater utility's accumulated deferred income taxes. Provides that the IURC shall approve a proposed surcharge if the IURC finds that: (1) the surcharge has been calculated correctly; and (2) the water or wastewater utility's proposal is just and reasonable. Provides that an approved surcharge shall operate on a prospective basis. Amends the applicability language of the statute governing the transfer, acquisition, and improvement of utilities by municipalities to specify that the statute applies to a municipally owned electric, water, wastewater, or combined water and wastewater utility.