Rep. Robb Greene

Requires a manufacturer of a piece of agricultural equipment that is sold in Indiana, subject to certain exceptions, to: (1) provide to an independent service provider or owner of the agricultural equipment any service documentation the manufacturer provides to its authorized service providers; and (2) make available for purchase, upon reasonable terms, any part or tool the manufacturer provides to its authorized service providers. Provides that a violation of the requirements is: (1) actionable by the attorney general; and (2) subject to the remedies and penalties that apply to a deceptive consumer sales practice.

Requires an adult oriented website operator that displays material harmful to minors to use a reasonable age verification method to prevent a minor from accessing an adult oriented website. Creates a cause of action to permit: (1) the parent or guardian of a child harmed by a violation of the age verification requirement to obtain monetary damages, injunctive relief, and reasonable attorney's fees; and (2) any other person to bring an action to obtain injunctive relief and reasonable attorney's fees. Prohibits a person that conducts age verification from retaining the identifying information of an individual seeking to access an adult oriented website that displays material harmful to minors, and permits an individual whose identifying information is retained to bring an action to obtain monetary damages, injunctive relief, and reasonable attorney's fees.

Creates the Hoosier homestead farm program administered by the Indiana state department of agriculture (department) to: (1) commemorate as Hoosier homestead farms, those properties that have been owned by the same family for at least 100 years; and (2) maintain an electronic registry of Hoosier homestead farms. With certain exceptions, provides that if a public project involves condemnation of a Hoosier homestead farm, the Indiana land resources council (council) must approve condemnation of the farm before the condemnor may take steps to acquire any other property for the project. Provides that the council may only approve a condemnation if the council finds that: (1) there is no feasible and prudent alternative to using the Hoosier homestead farm for the project; and (2) condemnation of the Hoosier homestead farm would not have an unreasonably adverse effect upon the preservation and enhancement of agriculture within the county. Requires a real estate sales disclosure form to: (1) indicate transfers of Hoosier homestead farms and the familial relationships (if any) between transferors and transferees; and (2) requires the local assessor to forward the forms to the department for use in updating the Hoosier homestead farms registry.

Removes the requirement that an advanced practice registered nurse (APRN) have a practice agreement with a collaborating physician. Removes a provision requiring an APRN to operate under a collaborative practice agreement or the privileges granted by a hospital governing board. Removes certain provisions concerning the audit of practice agreements. Allows an APRN with prescriptive authority to prescribe a schedule II controlled substance for weight reduction or to control obesity. Makes conforming changes.

Requires the office of the secretary of family and social services to apply to the United States Department of Health and Human Services for an amendment to each home and community based services Medicaid waiver to exclude the income and resources of a spouse when determining an individual's eligibility for the waiver.

Requires the division of disability and rehabilitative services (division) to establish and maintain a direct support professional registry and to make the registry available to authorized division personnel and authorized service providers. Requires a direct support professional to register with the division in order to provide direct support services. Requires the division to adopt rules to implement the registry, including establishing definitions and levels for substantiated abuse, neglect, and exploitation, the highest of which is the minimum the division must report to the registry. Requires the division to consult with stakeholders and establish a tiered training certification program for direct support professionals. Requires the division to issue a request for proposals before January 1, 2024, to operate the training program. Requires the division to make every effort to contract with a vendor for the training program not later than January 1, 2025. Requires a selected vendor to begin operating the training program before July 1, 2025. Requires the division to first use any funds available from the federal American Rescue Plan Act in developing the registry before using other available funds. Allows the division to use any federal dollars available for the registry and training. Requires the division to apply to the federal government for approval of Medicaid reimbursement for services provided by a direct support professional.

Specifies certain entities, actions taken, or factors considered to which the ESG commitment provisions do not apply. Provides that if the treasurer of state concludes that the service provider has made an ESG commitment, the treasurer of state shall provide the name of the service provider and research supporting the conclusion to the board of trustees of the Indiana public retirement system (board). Prohibits the board from making an investment decision with the purpose of influencing any social or environmental policy or attempting to influence the governance of any corporation for nonfinancial purposes. Prohibits the Indiana public retirement system (system) from making an ESG commitment with respect to system assets. Provides that in making and supervising investments of the system, the board shall discharge its duties solely in the financial interest of the participants and beneficiaries of the system for the exclusive purposes of providing financial benefits to participants and beneficiaries and defraying reasonable expenses of administering the system. Provides that the board, in accordance with certain fiduciary duties, shall make investment decisions with the primary purpose of maximizing the target rate of return on the board's investments. Prohibits the board from entering a contract or modifying, amending, or continuing a contract with a service provider that has made an ESG commitment unless taking the action violates the board's fiduciary duty to the system's participants and beneficiaries. Requires the board to continue contracting with a service provider that has made an ESG commitment if the board determines that there is not a comparable service provider to replace the service provider. Requires the board to, at least annually, tabulate and report all proxy votes made by a service provider that is not a private market fund in relation to the administration of the system. Specifies certain persons and entities that are immune from civil liability and entitled to indemnification. Requires the board to: (1) ensure that reasonable efforts are made during the due diligence process before an investment is made and in monitoring investments in the public employees' defined contribution plan, an annuity savings account for the public employees' retirement fund or the Indiana state teachers' retirement fund, the teachers' defined contribution plan, the legislators' defined contribution plan, and a private market fund to determine whether any investments would violate the requirement that the board discharge its duties solely in the financial interest of the participants and beneficiaries of the system; and (2) take appropriate action, if necessary, consistent with the board's fiduciary duties. Defines terms and makes conforming amendments.

Provides that an adult criminal court has jurisdiction over a person at least 21 years of age who committed an offense as a child (an adult child offender), if the offense could have been waived to adult court, and provides that the juvenile court has jurisdiction over an adult child offender if the offense could not have been waived. Specifies that an adult child offender may be required to register as a sex offender in the same manner as a delinquent child, and permits a court to remove the obligation for an adult child offender and a delinquent child to register after the completion of sex offender treatment. Specifies when a child commits a delinquent act. Allows a court, in sentencing an adult child offender, to consider as a mitigating factor that the person was a child at the time the person committed the offense. Provides an additional opportunity for an adult child offender to obtain sentence modification. Permits a court to suspend a sentence imposed on an adult child offender, except for murder.

Establishes in the Indiana Code article concerning regulated businesses a new chapter governing third party food delivery services. Defines: (1) "covered establishment" as a: (A) restaurant; or (B) food service establishment; that offers, whether directly or through a third party food delivery service, the sale and same-day delivery or pick up of food and beverages to customers; and (2) "third party food delivery service" as a person that: (A) uses an online modality or platform to offer or arrange for the sale, and same-day delivery or pick up, of food and beverages prepared or provided by one or more covered establishments; and (B) provides these services either for consideration or for the purpose of obtaining customer data. Prohibits a third party food delivery service from providing any services related to facilitating, processing, or delivering an online order for a covered establishment unless the covered establishment expressly agrees to allow the third party food delivery service to provide those services. Provides that if a covered establishment cancels its contract with a third party food delivery service, the third party food delivery service shall, not later than the time specified in the contract or, if a time for compliance is not specified in the contract, not later than 72 hours after the covered establishment provides notice of cancellation: (1) comply with any terms and conditions for cancellation specified in the contract; and (2) unless otherwise specified in the contract: (A) remove all menus associated with the covered establishment from all online modalities or platforms of the third party food delivery service; and (B) cease to offer, arrange, or perform any activities related to the sale, and same-day delivery or pickup, of food and beverages prepared or provided by the covered establishment. Provides that if a third party food delivery service violates the bill's provisions with respect to a covered establishment, the covered establishment may bring an action against the third party food delivery service, in which: (1) the court may grant a temporary injunction enjoining the third party food delivery service from providing food delivery services with relation to the covered establishment during the pendency of the action; and (2) a covered establishment that prevails is entitled to: (A) actual damages; (B) temporary or permanent injunctive relief; (C) liquidated damages of not more than $50,000 per transaction; and (D) court costs and attorney's fees.

Congratulating Vice Admiral Sean Buck on his retirement from the United States Navy.