Rep. Ed Clere

Makes changes to the categories used to determine special education grants.

Requires the circuit court clerk of each county to place a copy of each campaign finance report, notice, or other instrument filed with the county election board on the circuit court clerk's or county election board's website in portable document format.

Requires the plaintiff in a residential eviction action to file a motion to dismiss the action if the case is resolved between the parties at any time before final adjudication, unless the plaintiff is seeking damages. Provides that if, at any time after an eviction action is filed, no action has been taken by the plaintiff to further prosecute the case for a period of at least 180 days, the court shall send to the parties written notice: (1) stating the date of the most recent action taken by the plaintiff in the case; and (2) directing the plaintiff to take action to either: (A) further prosecute the case; or (B) dismiss the case; not later than 10 business days after the date of the notice. Provides that if the plaintiff fails to take any action within the prescribed time: (1) the defendant may petition the court to dismiss the case; or (2) the court on its own motion may dismiss the case. Provides that a residential eviction diversion program may not be offered or operated on a statewide or local basis unless participation in the program is voluntary for all parties. Requires: (1) the Indiana housing and community development authority; and (2) any political subdivision that distributes rental assistance funds made available by the federal government in response to the COVID-19 pandemic; to create a designated landlord application process, in addition to the tenant application process, not later than August 31, 2022. Requires, upon motion of the tenant, the court in which an eviction action is filed to order the clerk of the court and the operator of any state, regional, or local case management system not to disclose or permit disclosure of any records in the case, subject to certain exceptions, if any of the following occur: (1) The action is dismissed. (2) A judgment in favor of the tenant is entered. (3) A judgment against the tenant is later overturned or vacated on appeal. Provides that if: (1) an eviction action, regardless of when it was filed, results in one of the specified outcomes allowing for the nondisclosure of records in the action; and (2) the court does not issue an order prohibiting the disclosure of any records in the action; the tenant in the action may petition the court in which the eviction action was filed to issue an order prohibiting the disclosure of any records in the action in accordance with the bill's provisions. Provides that upon the filing of such a petition, the court may: (1) issue an order prohibiting the disclosure of any records in the action; or (2) set the matter for a hearing. Provides that the petitioner bears the burden of proof in any hearing set by the court. Requires the clerk of court or other court administrator to: (1) track all eviction actions with respect to which a nondisclosure order is issued by the court; and (2) furnish the data compiled in the statutorily required statistical data provided to the office of judicial administration (office), as prescribed by the office. Requires the office to include the data provided by the courts in the Indiana Judicial Report.

Prohibits certain health insurance plans from requiring authorization for covered early intervention services under an individualized family service plan signed by an advanced practice registered nurse (APRN) or a physician assistant (PA). Changes the composition and duties of the division of disability and rehabilitative services advisory council. Repeals and relocates laws concerning: (1) rules regulating the sanitary operation of tattoo parlors and body piercing facilities; (2) allowing the executive board of the state department of health (board) to adopt rules on behalf of the state department of health (department); (3) allowing the board to adopt emergency rules; (4) sanitation of public buildings and institutions; and (5) authority to adopt rules concerning the federal Clinical Laboratory Improvement Amendments. Repeals laws concerning: (1) safety guidelines for children during bad weather conditions; (2) automated external defibrillator rules in health clubs; (3) requiring the state health commissioner (commissioner) to comment on certain rules; (4) fees for serological tests; (5) the administrative unit for special institutions; (6) protection and regulation of department property; and (7) the registry of blind persons. Removes intemperance as a reason to remove a local health officer. Specifies that the department may request the office of administrative law proceedings to designate a person to administer a proceeding. Requires the department to provide facilities and disseminate information to the public concerning oral public health. Allows the department to have a designee to maintain a 24 hour poisons answering service. Adds information on prenatal care to the department's telephone information service concerning children with long term health care needs. Changes the reference from "illegal drug use" to "substance abuse disorder" for purposes of partnership and joint ventures with the department. Requires the department to employ a licensed physician as the chief medical officer. Allows the chief medical officer to perform the functions of the commissioner when the commissioner is not available. Specifies that the state health laboratory (laboratory) must be used to support public health. Changes the title of the person who manages the laboratory. Removes certain requirements concerning the appointment of the laboratory director and chemist. Removes a requirement that a director must report to the commissioner. Requires holders of a certificate of public advantage to pay for reasonable charges incurred by the department. Provides that home health agencies may enter into cooperative agreements to carry out the following activities for the Hoosier Care Connect program: (1) To form and operate, either directly or indirectly, one or more networks of home health agencies to arrange for the provision of health care services through such networks. (2) To contract, either directly or through such networks, with the office of the secretary of family and social services, or the office's contractors, to provide: (A) services to Medicaid beneficiaries; and (B) health care services in an efficient and cost effective manner on a prepaid, capitation, or other reimbursement basis. (3) To undertake other managed health care activities. Provides that a home health agency may authorize an association, corporation, or other person to undertake or effectuate any of these activities. Requires the secretary of family and social services to oversee and supervise these activities. Changes the requirement that the department "shall" to "may" use information compiled by a public or private entity to the greatest extent possible to develop a chronic disease registry. Allows the department to issue a certificate of free sale to a business that meets certain requirements. Amends the definition of "person" for purposes of the state health improvement plan and grant program. Amends the definition of "deaf or hard of hearing" for purposes of the laws governing language development for children who are deaf or hard of hearing. Changes the membership on the Indiana board of pharmacy. Removes the requirement that a qualifying pharmacist is responsible for the legal operations of a pharmacy. Amends references to certain pharmacy school accreditation organizations. Specifies responsibilities of pharmacists concerning duties previously responsible by a qualifying pharmacist. Allows a qualified pharmacy technician to administer immunizations delegated by the pharmacist. (Current law allows pharmacy technicians to administer influenza and coronavirus disease immunizations.) Amends requirements for remote pharmacies. Adds an exception to the definition of "wholesale distribution" for prescription drugs. Authorizes an APRN to sign an order or referral for physical therapy. Requires a health insurance plan to provide coverage for diabetes self-management training ordered by an APRN or PA. Provides that a county coroner may not certify the cause of death for certain infants as a sudden unexplained infant death until a comprehensive death investigation is performed. Makes conforming changes.

Creates (beginning January 1, 2024) a stand-alone credit for contributions to Indiana ABLE accounts. Provides that a taxpayer is entitled to a credit against adjusted gross income tax equal to the least of: (1) 20% of the amount of the total contributions made by the taxpayer to an account or accounts of an Indiana ABLE 529A savings plan during the taxable year; (2) $500; or (3) the amount of the taxpayer's adjusted gross income tax for the taxable year, reduced by the sum of all allowable credits. Provides that a taxpayer is not entitled to a carryback, carryover, or refund of an unused credit. Provides that a taxpayer may not sell, assign, convey, or otherwise transfer the tax credit. Provides that an account owner of an Indiana ABLE 529A savings plan must repay all or a part of the credit in a taxable year in which any nonqualified withdrawal is made.

Defines "certificate of burial rights" for purposes of the cemetery law. Replaces references to other instruments issued upon the purchase of burial rights with the term. Provides that before entering into a sales contract with a consumer, an owner of a cemetery must provide a written statement including a price range of all commodities and services available for purchase. Specifies that the schedule of fees and the fees charged in connection with the installation or use of commodities in a cemetery must be consistent with the statement provided to a consumer. Prohibits the preinstallation of a vault. Increases the maximum civil penalty for a violation of the cemetery association law from $1,000 to $5,000. Permits a city or town, county, and township to appoint a cemetery caretaker to control and manage cemeteries in the entity's care. Establishes requirements for a city or town to appoint a cemetery caretaker through a proposed ordinance. Requires a city or town to review the status of the control and management of a cemetery for which it is responsible at least once every 10 years.

Provides that the alcohol and tobacco commission may not require physical separation between a bar area and a dining area in a food hall. Reduces the length of time that an applicant for an artisan distiller's permit must hold another permit prior to the date of the application. Creates a temporary craft manufacturer hospitality permit (hospitality permit) that allows a craft manufacturer to participate in a convention, a trade show, an exposition, or a similar event on the licensed premises of a particular host permittee. Specifies certain requirements and restrictions concerning a hospitality permit. Makes conforming amendments.

Provides for protection for a buyer who purchases a converted motor vehicle for personal, noncommercial use, when the converted motor vehicle suffers from a nonconformity.

Establishes the insuring foster youth trust fund (fund). Provides that the department of child services shall administer the fund. Provides that the money in the fund may be used to provide payments to foster youth to help defray the cost of: (1) automobile insurance coverage for foster youth; and (2) not more than 44 of the 50 hours of supervised driving practice for foster youth. Provides that a state or local government agency, a foster parent, or an entity providing services shall not be liable for any damages resulting from a foster youth's operation of an automobile owned and insured by the foster youth. Makes conforming changes. Makes an appropriation.

Establishes the psychology interjurisdictional compact concerning interjurisdictional telepsychology and the temporary authorization to practice psychology in another compact state. Sets forth requirements of a compact state. Sets forth the duties of the psychology interjurisdictional compact commission.