Rep. Ed Soliday

Allows the secretary of family and social services (secretary) to issue a waiver of human services statutory provisions and administrative rules if the secretary determines that the waiver is necessary to claim certain enhanced federal matching funds available to the Medicaid program. Allows the secretary to issue an emergency declaration for purposes of participating in specified authorized federal Supplemental Nutrition Assistance Program (SNAP) emergency allotments. Requires the secretary to prepare and submit any waivers or emergency declarations to the budget committee. Allows the state health commissioner of the state department of health or the commissioner's designated public health authority to issue standing orders, prescriptions, or protocols to administer or dispense certain immunizations for individuals who are at least five years old (current law limits the age for the commissioner's issuance of standing orders, prescriptions, and protocols for individuals who are at least 11 years old). Defines "Indiana governmental entity" and specifies that an Indiana governmental entity (current law refers to a state or local unit) may not issue or require an immunization passport. Provides that an individual is not disqualified from unemployment benefits if the individual has complied with the requirements for seeking an exemption from an employer's COVID-19 immunization requirements and was discharged from employment for failing or refusing to receive an immunization against COVID-19. Provides that an employer may not impose a requirement that employees receive an immunization against COVID-19 unless the employer provides individual exemptions that allow an employee to opt out of the requirement on the basis of medical reasons, religious reasons, or immunity from COVID-19 acquired from a prior infection with COVID-19.

A CONCURRENT RESOLUTION urging the Indiana Department of Transportation to rename the bridge on I-65 over the Wabash River as the "Captain Ronald D. Gutwein Memorial Bridge".

A CONCURRENT RESOLUTION urging the Indiana Department of Transportation to name each bridge crossing the Wabash River on State Road 25 near Biddle Island in Logansport, Indiana, the "Corporal Humberto A. Briseno Sanchez Memorial Bridge".

A CONCURRENT RESOLUTION recognizing Wednesday, February 16, 2022, as a day to honor the work and mission of the regions of the American Red Cross serving the state of Indiana.

Defines a "pipeline company" and a "public utility" for purposes of the statute governing the general procedures to be used in acquiring property by eminent domain. Provides that in an eminent domain action filed by a public utility or a pipeline company after June 30, 2022, if a defendant files written exceptions to the assessment of the court appointed appraisers, the defendant may file a request for mediation at the same time the exceptions are filed. Provides that if the defendant files a request for mediation: (1) the court shall appoint a mediator not later than 10 days after the request is filed; (2) the plaintiff shall engage in good faith mediation with the defendant; (3) the mediation must be concluded not later than 90 days after the appointment of the mediator; and (4) the plaintiff shall pay the costs of the mediator. Provides that if the parties are unable to reach an agreement as to the assessment of the damages in a mediation, the case shall proceed to trial. Provides that in any trial of exceptions in an eminent domain proceeding: (1) the court appointed appraisers' report; and (2) the amount of the court appointed appraisers' assessment of damages upon which the exceptions in the trial are based; are not admissible as evidence in the proceedings. Provides, however, that a court appointed appraiser may: (1) testify at trial without reference to the report of the court appointed appraisers or to the appraiser's previous appointment in the case; and (2) be examined as to the value of the property sought to be acquired independent of the report and without reference to it; as set forth in existing Indiana case law. Changes the amount of litigation expenses a court shall allow a defendant in any trial in an eminent domain proceeding in which the amount of damages awarded to the defendant by the judgment is greater than the amount specified in the plaintiff's last offer of settlement.

Amends the statute concerning attachments of equipment by cable operators (attaching entities) to electric distribution poles owned or controlled by rural electric cooperatives or by municipalities providing electric service (pole owners) as follows: (1) Specifies that a pole owner's duty under the law to permit attachments to the pole owner's poles is subject to the terms of a written agreement between the pole owner and the attaching entity. (2) Provides that the written agreement between the attaching entity and the pole owner must establish the process by which the attaching entity may apply for access to the pole owner's poles. (3) Sets forth: (A) a time frame for the pole owner to respond to the attaching entity's application based on the number of poles included in the application; and (B) a pole owner's duty to do one of the following within that time frame: (i) Approve the application and authorize the attaching entity to make the attachments without the need for any make ready work. (ii) Submit to the attaching entity an invoice setting forth all necessary make ready work, the estimated make ready costs, and the estimated make ready completion date. (iii) Reject all or part of the attaching entity's application based on certain concerns that cannot be resolved by make ready work. (4) Specifies that an attaching entity must have the pole owner's written permission specifically authorizing an attachment for each pole on which the attaching entity seeks to place an attachment. (5) Provides that if the attaching entity violates this requirement, the attaching entity shall pay to the pole owner accrued rental fees for each pole on which an unauthorized attachment is made, dating back to the date the attachment is considered to have been made under existing law, plus a $500 penalty for each pole on which an unauthorized attachment is made. (6) Provides that before January 1, 2023, if a contract granting the pole owner's written permission for an attachment to a particular pole does not exist at the time an attachment is made, the attaching entity shall pay to the pole owner accrued rental fees for each pole on which an attachment is made without a contract authorizing the attachment on that pole, dating back to the date the attachment is considered to have been made under existing law, plus any penalty that may be prescribed for such an attachment under any existing contract between the pole owner and the attaching entity. (7) Provides that if, after December 31, 2022, the attaching entity has not paid all accrued rental fees for such attachments made before January 1, 2023, the attaching entity shall, in addition to the accrued rental fees that remain outstanding, be liable for the $500 fine that otherwise applies for each pole on which such an attachment was made before January 1, 2023, and for which the attaching entity has not paid all accrued rental fees. (8) Changes from 90 days (under current law) to 60 days the amount of time by which an attaching entity is responsible for transferring an authorized attachment after receiving written notice from the pole owner to do so. Makes a corresponding change in the amount of time after which the pole owner may rearrange, transfer, or relocate the attaching entity's system (or portion of the system) after the attaching entity has failed to do so. (9) Provides that the pole owner is immune from civil liability for the pole owner's actions in rearranging, transferring, or relocating the attaching entity's system, as long as the pole owner exercises reasonable care in taking such actions, and unless the pole owner's actions constitute gross negligence or willful or wanton misconduct. (10) Creates the offense of unlawful pole attachment, a Class C misdemeanor, for the knowing and intentional attachment to a pole without the pole owner's written permission specifically authorizing the attachment.

Establishes the select commission on passenger rail (commission) under the Indiana department of transportation (department). Provides for the membership of the commission. Requires the commission to adopt bylaws governing: (1) the activities and procedures of the commission; (2) the powers and duties of the commission and its officers; (3) the appointment procedures and terms of the members of the commission; (4) the voting rights of the members of the commission; (5) the voting procedures of the commission; (6) conducting the business of the commission; and (7) any other matters necessary to fulfill the duties of the commission. Requires the commission to advocate for long-term, sustainable funding to implement and expand passenger rail. Requires the commission to identify and develop public and private partnerships to implement and expand passenger rail. Requires the commission to, before November 1 of each year, publish an annual report regarding the activities of the commission in an electronic format to the legislative council and the legislative services agency for the use of the members of the general assembly. Provides that the commission may: (1) advocate for passenger rail systems included in the State Rail Plan and approved by the department; (2) educate local officials and the public on the advantages of passenger rail service; and (3) establish committees. Provides that the commission may not study, advocate, or promote passenger rail in Marion County.

Provides that the state or the Indiana public retirement system may not make certain investments in companies that boycott energy companies or companies that do business with energy companies. Provides that a state agency may not enter into a contract with certain companies for the purchase of supplies or services unless the contract contains a written verification from the company that the company does not boycott energy companies and will not boycott energy companies during the term of the contract.

A CONCURRENT RESOLUTION congratulating Dr. Bonnie Stephens for being named the 2021 Elementary School Principal of the Year by the Indiana Association of School Principals.

Prohibits, with certain exceptions, a supplier of nonalcoholic packaged beverages (supplier) from discriminating among retailers as to a delivery method, price, discount, allowance, or service charge. Specifies restrictions concerning: (1) a distribution agreement to which a supplier is a party; (2) means of delivery; (3) communication by a supplier; and (4) the purchase and sale of beverages from one retailer to another.