Rep. J.D. Prescott

Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Specifies that certain persons who are not otherwise prohibited from carrying or possessing a handgun are not required to obtain or possess a license or permit from the state to carry a handgun in Indiana. Prohibits certain individuals from knowingly or intentionally carrying a handgun. Creates the crime of "unlawful carrying of a handgun". Provides that a prohibited person who knowingly or intentionally carries a handgun commits a Class A misdemeanor. Specifies that the unlawful carrying of a handgun is a Level 4 felony when a person: (1) is less than 21 years of age; and (2) has an adjudication as a delinquent child for an act described by IC 35-47-4-5 (unlawful possession of a firearm by a serious violent felon). Allows a resident of Indiana who wishes to carry a firearm in another state under a reciprocity agreement entered into by Indiana and the other state to obtain from the superintendent of the state police department a reciprocity license. Requires law enforcement agencies to make use of certain data bases when issuing reciprocity licenses. Makes conforming amendments.

Provides that immediate action may be taken for the maintenance, alteration, repair, reconstruction, change in construction or location, or removal of a dike, floodwall, levee, or appurtenance to provide emergency protection to: (1) human life; or (2) property; if, in the opinion of the department of natural resources (DNR), there is not sufficient time for the maintenance, alteration, repair, reconstruction, change in construction or location, or removal to be effected through the issuance and enforcement of a notice of violation. (Under current law, danger to property alone is not sufficient cause for immediate action.) Provides that if, in the opinion of the DNR, immediate action is necessary, the DNR may: (1) undertake the action by itself or through a contractor engaged by the DNR; or (2) authorize the owner of the property on which the dike, floodwall, levee, or appurtenance is located to undertake the action. Provides that, before the natural resources commission or its agents may enter private property to investigate for flood control purposes, the owner or occupant of the property must be contacted and informed of the reason for the entry and the intended time and place of the entry by: (1) direct, in person verbal communication; (2) a telephone call; (3) certified mail with return receipt requested; or (4) first class mail or electronic mail followed by a response from the owner or occupant of the property; except when there is a need to enter the property immediately because of an emergency.

Provides that the general assembly shall convene in an "initiated session" to consider legislation to restrict abortion if either of the following occur: (1) the Supreme Court of the United States overrules the central holding of Roe v. Wade, Doe v. Bolton, and Planned Parenthood of Southeastern Pennsylvania v. Casey and clearly establishes that a state may prohibit abortion; or (2) an amendment to the Constitution of the United States is adopted that in whole or part clearly establishes that a state may prohibit abortion. Provides that an initiated session may not continue for more than 20 calendar days. Requires the attorney general to make an announcement and notify the governor and members of the general assembly concerning the decision from the Supreme Court of the United States involving Roe v. Wade or the amendment to the Constitution of the United States. Makes conforming changes.

Provides that the renewal of the state of disaster emergency does not become effective unless it is approved by the general assembly. Provides that if the governor calls a special session for the purpose of renewing the state of disaster emergency, the: (1) governor shall notify the general assembly 10 days prior to the governor's intention to renew the state of disaster emergency; and (2) renewal shall be based on the same or substantially similar underlying set of facts as the original state of disaster emergency. Provides that the governor may not issue a new executive order to circumvent the renewal limitations in the case of a state of disaster emergency based on the same or substantially similar underlying set of facts as the original state of disaster emergency. Provides that any order, rule, or regulation limiting the operation of a business or industry shall be applied equally to all other businesses and industries. Provides, however, that the uniform treatment of all other businesses and industries does not apply to isolated events that include an act of God, such as a fire, an earthquake, a hurricane, a storm, or a similar natural disaster phenomenon. Makes conforming changes.

Provides that the general assembly may convene in an "initiated session" under either of the following circumstances: (1) The governor issues a proclamation or an executive order declaring a state of emergency and the speaker of the house and the president pro tempore of the senate issue a joint order for the general assembly to convene. (2) If 67 or more members of the house and 34 or more members of the senate sign a petition addressed to the speaker of the house and the president pro tempore of the senate to convene a session of the general assembly. Provides that an initiated session may not continue for more than 40 calendar days. Provides that for purposes of Article 5, Section 14 of the Constitution of the State of Indiana, a vetoed bill passed at a session of the general assembly must be reconsidered and voted upon as provided in Article 5, Section 14 of the Constitution of the State of Indiana not later than the sine die adjournment of the next regular session that occurs after the session that first passed the bill. Makes conforming changes.

Provides that a certificated employee who is not a member of the exclusive representative (union) may enter into an employment contract with a school corporation that contains terms that differ from the terms set forth in the collective bargaining agreement. Provides that it is not an unfair labor practice for a school corporation to enter into the employment contract. Provides that certain provisions that apply or do not apply to certificated employees subject to collective bargaining agreements also apply or do not apply to certificated employees that enter into such employment contracts.

Provides that a grant may be awarded to a law enforcement agency for a law enforcement officer in an upper level position to: (1) attend a deescalation training course; and (2) establish a deescalation training program, based on the training received during the deescalation training course that is offered to law enforcement officers employed by the law enforcement agency. Establishes the deescalation training fund. Increases the penalty for battery if it is committed against a public safety official because of the official's status or perceived status as a public safety official. Increases the penalty for aggravated battery and criminal recklessness if it is committed against: (1) a public safety official while the official is engaged in the official's official duties; or (2) a public safety official if the offense is committed because of the official's status or perceived status as a public safety official.

Imposes a surcharge tax on social media providers. Defines "social media provider" as a social media company that: (1) maintains a public social media platform; (2) has more than 1,000,000 active Indiana account holders; (3) has annual gross revenue derived from social media advertising services in Indiana of at least $1,000,000; and (4) derives economic benefit from the data individuals in Indiana share with the company. Provides that the surcharge tax is equal to: (1) the annual gross revenue derived from social media advertising services in Indiana in a calendar year multiplied by 7%; plus (2) the total number of the social media provider's active Indiana account holders in a calendar year multiplied by $1. Establishes the online bullying, social isolation, and suicide prevention fund (fund) for the purposes of providing: (1) online bullying prevention; or (2) social isolation and suicide prevention; training and research for counselors and educational institutions. Provides that the division of mental health and addiction shall administer the fund. Transfers 10% of the revenue from the surcharge tax to the fund. Transfers the remaining surcharge tax revenue to the rural broadband fund.

Amends the acknowledgment and proof requirements for a conveyance, mortgage, or instrument of writing to be recorded. Provides that actions taken after June 30, 2020, regarding acknowledgment and proof for conveyances, mortgages, and instruments of writing to be recorded are legalized and validated to the extent provided for in this act.

Removes the definition of "motorboat". Provides that the definition of "watercraft" does not include a craft that is: (1) powered by its occupants; and (2) does not contain a mechanical propellant. Repeals and replaces provisions in the current watercraft registration law. Amends sections related to boat excise tax. Provides that tax situs means the taxing district in which the boat is located on the date it is registered. Provides that a watercraft is not a vehicle for purposes of mechanic's liens for vehicles. Provides that a person that fails to carry a certificate of registration or display proof of registration for display on a watercraft commits a Class C infraction. Provides that a person who knowingly or intentionally falsifies, predates, changes, or counterfeits proof of registration for a watercraft commits a Class C misdemeanor. Revises the definition of "recreational trail" to specify that the term refers to trails or paths funded through the recreational trails program. Specifies that the state may acquire a railroad's interest in a corridor for use as a trail (rather than as a recreational trail as provided by current law). Specifies that the state may consider a corridor's suitability for use as a trail (rather than as a recreational trail as provided by current law) when considering whether to acquire a railroad's interest in a corridor. Specifies that a railroad's interest in a corridor acquired for a recreational purpose may be developed and operated under the recreational trails program. (Current law requires such acquisitions to be developed and operated under the program.) Modifies the definitions of "all-terrain vehicle" and "recreational off-highway vehicle". Makes it a Class C infraction to violate a rule adopted by the natural resources commission or an emergency rule adopted by the department of natural resources, unless otherwise specified under state law. Allows the owner of a boat that carries passengers upon public water for hire to elect to have an underwater survey (survey) conducted instead of the required dry dock inspection. Requires that the boat be inspected in a dry dock once every 120 months. Requires the owner of the boat to hire and pay for the survey. Requires the survey to be conducted by an inspector from a certified organization that is approved by the natural resources commission. Requires that the certificate of inspection and registration certify the method of the boat's inspection and the name of the person and organization that performed the inspection. Allows an individual to float on a board on or in the wake directly behind a motorboat that is underway using the wake itself as the means of propulsion. Removes the sunset provision regarding the use of certain rifles while hunting. Removes an exception for legal minnow seines and dip nets from the prohibition on using various fishing techniques near a dam. Authorizes the natural resources commission to authorize exceptions for the use of otherwise prohibited techniques by rule. Makes various changes to the procedures for revoking or denying a license or permit under the wildlife violator compact. Provides that a court having jurisdiction of an offense committed in violation of an Indiana law for the protection of wildlife may revoke the license of the offender for a minimum of one year. (Current law allows revocations for a period of 30 days, 60 days, 90 days, or one year.) Declares that the citizens of Indiana have certain vested rights with respect to Lake Michigan, and that the natural resources commission may adopt rules concerning those rights. Provides that property owners may jointly apply for a permit with the Indiana department of environmental management for wetland activities in state regulated wetlands. Authorizes the department to adopt rules identifying the ordinary high water mark on the land adjoining the waters of Lake Michigan for administrative purposes. Provides that the owner of a private property that is adjacent to Lake Michigan is immune from liability under certain circumstances. Provides guidelines for permitting to private property owners by local governmental agencies, in the case of an emergency to: (1) repair; or (2) construct; a new seawall or revetment on the owner's property. Provides guidelines for the location of a seawall or revetment in the event of construction or repair of that seawall or revetment. Makes a local planning and zoning statute concerning the alienation of mineral resources and forests outside urban areas applicable to all counties.