Provides that an individual may be employed by a child care provider before the state-mandated criminal history check of the individual is completed if the following conditions are satisfied: (1) The individual's: (A) fingerprint-based check of national crime information data bases; (B) national sex offender registry check; (C) in-state local criminal records check; and (D) in-state child protection index check; have been completed. (2) If the individual has resided outside Indiana at any time during the five years preceding the individual's date of hire, the individual's: (A) out-of-state child abuse registry check; and (B) out-of-state local criminal records check; have been requested. (3) The individual's employment before the completion of the state-mandated criminal history check is limited to training during which the individual: (A) does not have contact with children who are under the care and control of the child care provider; and (B) does not have access to records containing information regarding children who are under the care and control of the child care provider. (4) The individual completes an attestation, under penalty of perjury, disclosing: (A) any abuse or neglect complaints made against the individual with the child welfare agency of a state other than Indiana in which the individual resided within the five years preceding the date of the attestation; and (B) any contact the individual had with a law enforcement agency in connection with the individual's suspected or alleged commission of a crime in a state other than Indiana in which the individual resided within the five years preceding the date of the attestation. Establishes a process by which a child caring institution, group home, licensed child placing agency, or secure private facility (child services providers) may request a review of base rates and other cost-based rates approved by the department of child services (department).
Sponsored bills
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.
In one instance in the law on health care advance directives, changes the word "testator" to "declarant". Amends several provisions relating to the filing of notices to make those provisions consistent with Rules of Trial Procedure 86 and 87 concerning electronic filing. Resolves inconsistencies in two sections of the chapter on dispensing with administration so that those sections authorize a fiduciary to distribute and disburse the estate assets before filing a closing statement. Authorizes the appointment of a special administrator under certain circumstances and establishes a procedure for the appointment of a special administrator for the purpose of pursuing a claim for a decedent's wrongful death. In a section concerning the filing of an electronic will, replaces an incorrect reference with a reference to the Rules on Access to Court Records. Provides that a video or audio recording of a principal who executes a power of attorney may be admissible as evidence of matters relevant to the validity or enforceability of the power of attorney. Provides that any objection to a final account and petition for distribution of a decedent's estate must be filed at least 14 days before the hearing date. Eliminates references to a trustee "docketing" a trust and identifies permissible methods for the filing of a copy of a trust instrument with a court. Amends two definitions of "electronic power of attorney" to provide that an electronic power of attorney may be signed in the presence of witnesses instead of being notarized. Provides that a person who has been found guilty, or guilty but mentally ill, on a charge of causing an unlawful death of a decedent is a constructive trustee of certain property acquired or entitled to be received by the culpable person. Includes a married individual who does not have any dependents and whose death was caused by a spouse within the definition of "adult person" for the purpose of a wrongful death action. Makes conforming changes. Makes technical corrections. (The introduced version of this bill was prepared by the probate code study commission.)
Allows a trustee of an irrevocable trust to appoint a successor trustee or multiple trustees. Provides that a trustee's power to appoint a successor trustee includes the power to allocate trustee powers to one or more trustees. Enacts the uniform trust decanting act. Creates a definition of the decanting power to include a power by a trustee to make limited modifications to an irrevocable trust, including an asset transfer to a new trust. Requires that a modification be consistent with a settlor's or charitable organization's intent. Permits the trustee of an existing trust to make modifications to or distributions from an existing trust for the benefit of a disabled beneficiary. Prohibits a trustee from being required to decant. Requires advanced notice to all qualified beneficiaries. Provides that the decanting power of an authorized fiduciary is not precluded by certain terms. (The introduced version of this bill was prepared by the Probate Code Commission.)
Provides that the chief justice of the supreme court, or the chief justice's designee, is a nonvoting member of the probate code study commission (commission). Provides that eight affirmative votes are required for the commission to take final action.
Repeals provisions under which certain parties may file a petition during a child in need of services proceeding to require a parent, guardian, or custodian of the child to participate in a program of care, treatment, or rehabilitation for the child. Provides that a party that receives notice of a motion filed by the department of child services (department) to change the out-of-home placement of a child has ten days (rather then 15 days, under current law) to file a written objection and initiate a hearing regarding the motion. Requires the department to file a motion with a juvenile court in order to change the out-of-home placement of a child who: (1) has been in the same out-of-home placement for one year or more; and (2) is in a foster family home or in the care of a relative. Allows the person with whom a child is placed to waive the person's right to contest a motion filed by the department to change the child's placement, and allows the juvenile court to make an expedited ruling on the motion if the court is provided with written notice of the person's waiver. Provides that a child is a child in need of services if the child is a victim of certain offenses committed by a parent, guardian, or custodian of the child. Provides for a defense to prosecution for possession of child pornography for: (1) a department employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Specifies that costs paid from COVID-19 federal stimulus funds may not be disallowed when setting rates for 2023.Provides that a person who knowingly or intentionally produces, disseminates, or possesses with intent to disseminate an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of child exploitation. Provides that a person who, with intent to view the image, knowingly or intentionally possesses or accesses an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of possession of child pornography. Specifies that it is not a required element of the offense of child exploitation or possession of child pornography that the child depicted actually exists under certain circumstances. Defines "image". Provides for a defense to prosecution for possession of child pornography for: (1) a department of child services employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Makes conforming changes.
Extends the time for an individual to check a trap that captures and kills a furbearing animal from 24 hours to 48 hours. Requires the department of natural resources to publish a recommendation that the best practice to tend or visit, or have tended or visited a furbearing trap that is the person's property within a period not to exceed 24 hours. Establishes a one day license for fur buyers. Provides that in a county having a population with certain parameters, a local flood plain administrator may issue a variance allowing a structure located in a floodway to remain in its location without a permit issued by the director of the department of natural resources if: (1) the structure is an abode or residence; (2) a permit for the construction of the abode or residence was issued by the appropriate official of the county before December 19, 2018; and (3) other conditions are met.
Provides that a policy adopted by a school corporation, charter school, or nonpublic school with at least one employee addressing expanded criminal history checks or expanded child protection index checks (background checks) must prohibit the hiring of, continuing the employment of, contracting with, or continuing to contract with a person who has been convicted of an offense requiring license revocation, unless the conviction has been reversed, vacated, or set aside on appeal. (Current law provides that such a policy addressing background checks must prohibit the hiring of a person who has been convicted of an offense requiring license revocation, unless the conviction has been reversed, vacated, or set aside on appeal.) Provides that: (1) a school corporation; (2) a charter school; or (3) an entity: (A) with which a school corporation contracts for services; and (B) that has employees who are likely to have direct, ongoing contact with children within the scope of the employees' employment; shall consider whether information obtained from the background checks concerning an individual's conviction for certain offenses constitutes grounds to not employ, not contract with, or to terminate the employment of or contract with the individual. Provides that, in the event that an entity obtains information that an individual employed by the entity who works at a particular school corporation or charter school has been convicted of certain offenses, the entity shall immediately notify the school corporation or charter school of the employee's conviction. Makes changes to the list of offenses for which the department of education shall permanently revoke a teacher's license. Makes conforming changes.
Makes Code publication corrections. Repeals and relocates specific Indiana Code chapters consisting of definitions or statutory lists for organization of the provisions by alphabetical or Code cite order. Updates the statutory lists. Resolves technical conflicts: (1) between various enrolled acts passed during the 2022 legislative session; and (2) between various enrolled acts passed during the 2022 legislative session and ESB 80. Makes technical corrections in HEA 1363-2022.
Specifies that the amount of excess combined reserves that may be transferred to the pre-1996 account in 2022 may not exceed $2,500,000,000. Reduces the individual adjusted gross income tax rate from 3.23% in 2022 to 3.15% in 2023 and 2024. Phases down the individual adjusted gross income tax rate after 2024 depending on certain conditions being met. Allows a taxpayer to elect a special property tax valuation method for mini-mill equipment. (Current law allows the method to be used only for certain integrated steel mill and oil refinery/petrochemical equipment.) Repeals the utility receipts and utility services use taxes. Requires a utility that is subject to the jurisdiction of the Indiana utility regulatory commission (IURC) for the approval of rates and charges to file a rate adjustment with the IURC that adjusts the utility's rates and charges to reflect the repeal of the utility receipts tax. Requires a utility that is subject to the utility receipts tax and not under the jurisdiction of the IURC to adjust the utility's rates and charges to reflect the repeal of the utility receipts tax. Requires each utility to provide notice to the utility's customers that the adjustment in rates and charges reflects the repeal of the utility receipts tax. Specifies taxpayer procedure for the repeal of the utility receipts and utility services use tax. Provides that the office of the secretary of family and social services may not enter into a final contract that would implement a risk based managed care program or capitated program for the specified Medicaid population before January 31, 2023. Makes conforming changes.