Rep. Bob Heaton

Memorializing Representative Sally J. Siegrist.

Establishes the Senator David C. Ford cancer research account (Ford account) within the Indiana health care account. Provides that a taxpayer may designate all or a part of the taxpayer's state income tax refund to be paid over to the Ford account. Provides that the budget agency shall distribute the money in the Ford account in equal amounts to the Indiana University Melvin and Bren Simon Cancer Center and the Purdue University Center for Cancer Research.

Provides that the state of Indiana, a political subdivision or other governmental entity of the state of Indiana, a government official, or any other person acting under the color of law shall not infringe on the fundamental right of a parent to direct the upbringing, education, health care, and mental health of the parent's child without demonstrating that the infringement: (1) is required by a compelling governmental interest of the highest order as long recognized in the history and traditions of the state of Indiana; and (2) as applied to the child, is narrowly tailored and not otherwise served by a less restrictive means. Creates a right of action for violation of a parent's rights with respect to the upbringing, education, and health care of the parent's child. Provides that a child is not a child in need of services due to the child's parent, guardian, or custodian: (1) referring to and raising the child consistent with the child's biological sex; or (2) declining to consent to the child receiving: (A) specified medication; (B) a medical procedure the purpose of which is to alter the apparent gender or sex of the child or affirm the child's perception of the child's gender or sex in a manner inconsistent with the child's biological sex; or (C) counseling or other mental health services the purpose of which is to affirm the child's perception of the child's gender or sex if the child's perception is inconsistent with the child's biological sex. Provides that if the juvenile court finds that a child is a child in need of services because the child substantially endangers the child's own or another's health, the court shall release the child to the child's parent, guardian, or custodian and may not enter a dispositional decree ordering removal of the child, unless: (1) the court also finds that the child is a child in need of services for another reason; or (2) the parent, guardian, or custodian consents to the child being removed from the child's home. Specifies that the parental rights and responsibilities do not: (1) authorize a parent to: (A) abuse or neglect a child; or (B) make the decision to end the child's life; or (2) prohibit a court from issuing an order that is otherwise permitted by law. Makes conforming changes.

Allows the judges of the Daviess circuit and superior courts to appoint a full-time magistrate. Allows the judges of the Delaware circuit court to appoint a full-time magistrate. Establishes a second superior court in the Dubois County judicial district. Allows the judges of the Elkhart circuit and superior courts to appoint four full-time magistrates (effective July 1, 2023) and two additional full-time magistrates beginning January 1, 2024. (Current law allows for the appointment of two magistrates.) Allows the judge of the Spencer circuit court to appoint a magistrate. Allows Vigo superior court to appoint six judges. (Current law allows for the appointment of five judges.) Makes conforming changes.

Establishes the child services workforce stabilization fund (fund) for the provision of grants by the department of child services (department) to child services providers for the purpose of addressing costs associated with increased wages for direct care staff. Prescribes: (1) requirements for grant applications; and (2) reporting requirements for grant recipients. Prescribes requirements for reporting by the department to: (1) the commission on improving the status of children in Indiana; and (2) the general assembly; regarding the grant program. Provides that the fund sunsets on June 30, 2025.

Eliminates local income tax councils beginning July 1, 2024, and instead provides that the county fiscal body is the adopting body in all counties for purposes of the LIT.

Amends provisions regarding testing of donated human sperm and eggs. Repeals current Indiana law regarding surrogacy agreements. Enacts the gestational surrogacy act, which establishes: (1) presumptions regarding parentage; (2) prerequisites for individuals who wish to enter into a gestational surrogacy agreement; (3) procedural requirements for gestational surrogacy; (4) requirements for gestational surrogacy agreements; (5) support obligations with regard to a child born as the result of gestational surrogacy; (6) remedies for breach of a gestational surrogacy agreement; and (7) provisions for determination of jurisdiction over litigation regarding a gestational surrogacy agreement. Enacts the gamete donation act, which establishes: (1) presumptions regarding parentage of a child born as the result of gamete donation; (2) prerequisites for individuals who wish to enter into a gamete donation agreement; (3) procedural requirements for gamete donation; (4) requirements for gamete donation agreements; (5) provisions regarding parentage of a child born posthumously to a gamete donor; (6) remedies for breach of a gamete donation agreement; and (7) provisions for determination of jurisdiction over litigation regarding a gamete donation agreement. Provides certain criteria for the payment of compensation to an ovum donor. Provides that a gestational surrogacy agreement may not limit the right of the gestational surrogate to make any decision concerning the gestational surrogate's right to terminate or continue a pregnancy. Provides that any term or condition in a gestational surrogacy agreement that contradicts or seeks to abrogate a surrogate's right to continue or terminate a pregnancy is void. Provides that consent from the spouse of a gestational surrogate is not required in the execution of a gestational surrogacy agreement and defines the legal relationship between the spouse of a gestational surrogate and a resulting child. Provides that certain conditions must be met prior to the issuance of a prebirth court order by a court. Requires all reproductive endocrinologists and mental health professionals engaging in gestational surrogacy matters to remain informed of recommended guidelines published by the American Society for Reproductive Medicine and the American College of Obstetricians and Gynecologists. Provides that court orders concerning gestational surrogacy do not provide a court with jurisdiction over the matters of child custody or child support if jurisdiction over the matters is not otherwise authorized. Provides that a court order concerning the establishment of parentage shall be given full faith and credit in another state if an Indiana establishment of parentage court order constitutes a signed record and otherwise complies with the laws of the other state. Exempts donor compensation for gamete donation from certain prohibitions concerning the sale of a human ovum, zygote, embryo, or fetus under certain circumstances. Allows the retrieval of gametes from a person who is: (1) deceased; (2) brain dead; (3) comatose; or (4) in a persistent vegetative state; in certain instances. Specifies that: (1) maternity; and (2) paternity; must be established not later than four years after the death of a parent in instances involving children born through use of assisted reproduction. Specifies factors for a court to consider when deciding upon the disposition of cryopreserved embryos: (1) during a divorce or separation; and (2) in the absence of an agreement concerning the ultimate disposition of cryopreserved embryos. Defines certain terms. Makes conforming amendments.

Replaces the National Athletic Trainers' Association (NATA) with the Board of Certification, Inc. (BOC) for purposes of continuing education requirements for athletic trainers and athletic trainer certification. Changes the education requirement to a professional athletic training degree from a postsecondary educational institution that meets the academic standards for athletic trainers established by the Commission on Accreditation of Athletic Training Education (CAATE). (Current law requires at least a baccalaureate degree that meets the standards for athletic trainers established by NATA.) Makes conforming changes.

Requires, for purposes of interscholastic athletic events, school corporations, public schools, nonpublic schools, and certain athletic associations to expressly designate an athletic team or sport as one of the following: (1) A male, men's, or boys' team or sport. (2) A female, women's, or girls' team or sport. (3) A coeducational or mixed team or sport. Prohibits a male, based on the student's biological sex at birth in accordance with the student's genetics and reproductive biology, from participating on an athletic team or sport designated as being a female, women's, or girls' athletic team or sport. Requires school corporations, public schools, certain nonpublic schools, and certain athletic associations to: (1) establish and maintain grievance procedures; or (2) maintain grievance or protest procedures established before July 1, 2022; for a violation of these provisions. Establishes a civil action for a violation of these provisions. Provides that school corporations, public schools, certain nonpublic schools, and certain athletic associations are not subject to liability in a civil, administrative, disciplinary, or criminal action for acting in compliance with these provisions.

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" and specifies the penalties for committing this crime. Allows particular individuals who do not meet the requirements to receive a handgun license and are not otherwise prohibited to carry a handgun in limited places. Allows a resident of Indiana to obtain in certain circumstances a license to carry a handgun in Indiana. Makes theft of a firearm a Level 5 felony. Defines certain terms. Makes conforming amendments and repeals obsolete provisions.