Rep. Ed Clere

Provides that a homeowners association may regulate the number and location of beehives on properties. Provides that a homeowners association may not: (1) regulate the number and location of beehives that are located on a property before the regulations are adopted; and (2) prohibit beekeeping on property that complies with state law, if the beehives are actively maintained for pollination or production of honey. Provides when a homeowners association may prohibit beekeeping within 100 feet of a property.

Increases the assessed value limit for the disabled veteran property tax deduction from $200,000 to $240,000. Allows that, for purposes of various property tax deductions, an individual has until January 15 of a calendar year in which property taxes are first due and payable to complete, date, and file the required certified statement with the county auditor. Extends through 2025 the expiration of the threshold amounts used for determining whether a political subdivision's project is a controlled project and whether the petition and remonstrance process or the referendum process applies based on the political subdivision's total debt service tax rate. Specifies that a political subdivision's total debt service tax rate does not include a tax rate approved by voters for a referendum debt service tax levy. Extends the current cap on operating referendum tax that may be levied by a school corporation to taxes due and payable in 2025, and provides a formula to determine the cap for that year. Reestablishes, and enumerates requirements and procedures for, a petition and remonstrance and a referendum for controlled projects funded by debt service if the project scope changes from the purpose initially advertised to taxpayers. Adds trailer provisions pertaining to SEA 228-2024 regarding alcoholic beverage taxes on liquor, wine, and hard cider. Requires the state fair commission to approve future dates of the state fair and the state fair board to advise the commission on future dates of the state fair. Provides that a state employee may affirmatively elect to enroll in the deferred compensation plan prior to the auto enroll date on day 31 of the state employee's employment. Requires, effective July 1, 2025, the trustee of the state police pension trust to maintain a supplemental allowance reserve account for the purpose of paying postretirement benefit adjustments. Requires certain political subdivisions to present to the interim study committee on pension management oversight concerning a delinquent employee retirement plan offered by the political subdivision. Increases the maximum date that a member or participant of certain retirement funds can participate in the deferred retirement option plan from 36 to 60 months. Removes a reference in current law to outstanding bonds for which a fee replacement appropriation was made in a provision prohibiting a state educational institution from issuing bonds for refunding or advance refunding of outstanding bonds without approval of the budget agency and the board of trustees of the issuing state educational institution making certain findings. Provides that grant awards authorized in the 2023 budget bill and awarded after December 31, 2024, for regional mental health facility grants to counties for use in constructing new facilities or renovating existing facilities to provide mental health services for certain incarcerated individuals may not exceed $5,000,000 per county (instead of $2,500,000 per county). Prohibits a unit from entering into a sister city or cooperative agreement with a city, town, province, county, school, college, or university located in a foreign adversary. Provides parameters for the northwestern Indiana regional planning commission, beginning with calendar year 2025 and for each year thereafter through calendar year 2029, to annually adjust each participating county's portion of the budget. Authorizes the office of the secretary of family and social services (office of the secretary) to implement a risk based managed care program for certain Medicaid recipients. Requires the office of Medicaid policy and planning to convene a workgroup and, with managed care organizations, to conduct a claims submission testing period before the risk based managed care program is established. Authorizes the establishment of home health agency cooperative agreements and provides for the expiration of those provisions on June 30, 2027. (A similar law enacted in 2022 expired on July 1, 2023.) Specifies that a home health agency may contract directly or indirectly through a network of home health agencies. Provides that distributions for curricular materials may not be considered for purposes of determining whether a school corporation met the requirement to expend a minimum amount of state tuition support for teacher compensation. Repeals the requirement that each school maintained by a school corporation and each charter school establish a curricular materials account. Requires a public school to deposit distributions for curricular materials in: (1) the education fund of the school corporation that maintains the school; or (2) the fund in which a charter school receives state tuition support. Adds a provision to allow a redevelopment commission to expend revenues from its allocation fund that are allocated for police and fire services on both capital expenditures and operating expenses as authorized in the 2023 session in HB 1454. Provides that, if a township transitions from a single township firefighting and emergency services fund to two separate funds as authorized under current law, the township legislative body must approve a transfer of the remaining cash balance from the single fund to the two new separate funds and determine the amounts attributable to each fund. Requires the office of the secretary to present to the Medicaid oversight committee a detailed plan for monitoring expenses of the complete Medicaid program. Requires the office of the secretary to present to the budget committee a policy to set a required minimum percentage of the reimbursement for personal care services under the home and community-based services waivers that must be paid to the individual providing the direct service. Provides that, if the county fiscal body of Howard County makes certain findings, the Howard County fiscal body may adopt an ordinance that would impose the innkeeper's tax on a person engaged in the business of renting or furnishing rooms, lodgings, or accommodations located within an inn, a hotel, or a motel for a period of more than 30 days. (Current law limits the imposition of the innkeeper's tax to renting or furnishing rooms, lodgings, or accommodations for periods of less than 30 days.) Provides that an ordinance would not apply to existing rooms, lodgings, or accommodations that were not subject to the 30 day threshold prior to January 1, 2024. Provides that an ordinance may not become effective until after April 30, 2024, and must expire before July 1, 2025. Requires the county fiscal body, if an ordinance is adopted, to reduce the tax for any person subject to the innkeeper's tax from 8% (current law) to 6% until the ordinance expires. Allows the county fiscal body to return the tax rate to 8% after the ordinance expires. Reinstates a provision that was repealed in SEA 325-2023 (P.L.182-2023) that includes as a "homestead" property that is an individual's principal place of residence, is located in Indiana, and is owned by an entity, if the individual is a shareholder, partner, or member of the entity that owns the property. Amends a redevelopment commission provision defining "residential property" to apply to allocation areas established after June 30, 2025 (rather than June 30, 2024). Amends certain language in provisions in HEA 1199-2024. Makes amending changes to the Grant County local income tax special purpose rate added in HEA 1121-2024. Requires the state and local tax review task force to study several additional topics during the 2024 legislative interim. Makes technical corrections. Makes conforming changes.

Provides that money in the attorney general contingency fee fund is continuously appropriated and is not subject to allotment. Reinstates provisions concerning meetings of the budget committee. Provides that money in the high tech crimes unit fund is continuously appropriated for purposes of the fund. Allows the Indiana economic development corporation (IEDC) to designate territory located in an existing allocation area as an innovation development district if certain conditions are met. Removes the sunset provision for when the IEDC may designate an innovation development district. Provides that if an existing allocation area is located in territory subsequently designated as an innovation development district, property tax increment revenue continues to be allocated to the existing allocation area and provides that the allocation area may not be renewed or extended until the term of the innovation development district expires. Extends the funding Indiana's roads for a stronger, safer tomorrow task force for one additional year. Provides that transfers may not be made by the budget agency, the state board of finance, or any entity from any source to the Indiana gaming commission without prior budget committee review. Provides that certain appropriations from the state gaming fund in the most recent biennial budget act may not be augmented. Amends certain language in the Medicaid oversight committee provisions in House Enrolled Act 1026.

Establishes the special service review team to review denied applications and applications for which a determination has not been made for the community integration and habilitation waiver. Limits the geographical area of review. Establishes reporting requirements. Requires the division of disability and rehabilitative services to obtain consent from a waiver applicant in order to share the application and information accompanying the application with the review team. Provides immunity for an employee who obtains consent and provides the information in good faith. Provides that the review team expires December 31, 2026. Makes changes to the situations in which an emergency placement priority may be provided for individuals under a Medicaid waiver. Amends the membership of and provisions concerning: (1) the Indiana state commission on aging; and (2) the community and home options to institutional care for the elderly and disabled board. Requires the services for individuals with intellectual and other developmental disabilities task force (task force) to establish, not later than May 1, 2024, a subcommittee to make recommendations to the task force regarding the Medicaid buy-in program and benefit related barriers to employment for individuals with intellectual and developmental disabilities. Requires the subcommittee to prepare and submit recommendations to the task force. Changes the expiration date of the task force. Requires the division of disability and rehabilitative services to provide quarterly updates to the division of disability and rehabilitative services advisory council regarding the implementation of recommendations made by the task force. Authorizes the office of the secretary of family and social services (office of the secretary) to implement a risk based managed care program for certain Medicaid recipients. Requires the office of Medicaid policy and planning to convene a workgroup and, with managed care organizations, to conduct a claims submission testing period before the risk based managed care program is established. Provides that, during the first 210 days after the risk based managed care program is implemented, a provider that experiences a financial emergency due to claims payment issues shall receive temporary emergency assistance from the managed care organizations with which the provider is contracted. Requires the office of the secretary and the division of mental health and addiction to include each community mental health center that meets certain requirements in the community mental health services demonstration program (program), if Indiana is approved to participate in the program and as a state plan amendment for specified reimbursement after the program. Allows the office of the secretary and the division of mental health and addiction to apply for a Medicaid state plan amendment or waiver to allow for Medicaid reimbursement for eligible certified community behavioral health clinic services by certain Medicaid providers, if Indiana is not approved to participate in the program.

Extends the expiration of provisions concerning a county with a single voting bloc and the allocation of votes for a local income tax council. Specifies the amount of revenue from a local income tax rate imposed for correctional facilities and rehabilitation facilities in a county that may be used for operating expenses of those facilities. Allows a county fiscal body to adopt a local income tax rate for an acute care hospital located in the county to be used only for the operating expenses of the acute care hospital. Provides that, for the purpose of distributing the local income tax (LIT), if two or more school corporations or civil taxing units merge or consolidate to form a single school corporation or civil taxing unit, the school corporation or civil taxing unit is entitled to the combined pro rata distribution of the LIT revenue allocated to each applicable school corporation or civil taxing unit in existence on January 1 of the immediately preceding calendar year prior to the merger or consolidation. Provides that the department of local government finance shall make certain adjustments pertaining to the distribution of LIT for Floyd County in 2025, which provide that the Highlander Fire Protection District (district) shall receive an amount equal to the combined distribution that would have been distributed to the Greenville Fire Protection District (FPD) and the Lafayette Fire Protection District (FPD) in 2024, but for their elimination resulting from the merger to establish the district. Requires corresponding adjustments in 2025 to reduce the distribution for each applicable civil taxing unit and school corporation in Floyd County, excluding the district, by an amount that equals the proportionate share of the amount of LIT received in 2024 of the combined distribution that would have been distributed to the Greenville FPD and the Lafayette FPD in 2024, but for their elimination. Provides that funds accumulated from a Perry County special purpose tax rate to construct or improve the county jail after the redemption of bonds issued or final payment of lease rentals due under a lease shall be transferred to a county capital project fund to be used to finance capital projects within Perry County. (Current law specifies that such remaining funds are to be transferred to the county jail operations fund to be used for financing the maintenance and operations of the Perry County detention center.) Allows Grant County, under specified circumstances, to adopt an ordinance to impose a special purpose local income tax rate to fund and finance the construction of a county jail. Provides, for purposes of calculating distributions of the financial institutions tax to local taxing units, how to calculate distributions for a taxing unit that did not receive distributions in 2012 because the unit was subsequently established from the merger or consolidation of two or more taxing units that received distributions from the financial institutions tax fund in 2012. Provides, for purposes of calculating qualified distributions of the commercial motor vehicle excise tax to local taxing units, how to calculate base revenue distributions for a taxing unit that did not receive a base revenue distribution in 2001 because the taxing unit was subsequently established from the merger or consolidation of two or more taxing units that received base revenue distributions in 2001. Provides that, for purposes of determining the apportionment or distribution of the motor vehicle excise tax, that the county auditor may make adjustments to reflect the merger or consolidation of two or more taxing units. Authorizes Knox County to impose its innkeeper's tax at a rate of 8% (instead of 6% under current law). Provides that, if the tax rate is increased to more than 6%, the portion of the tax rate that exceeds 6% expires on December 31, 2045. Authorizes the city of Hammond to impose a food and beverage tax. Authorizes the town of Cicero to impose a food and beverage tax.

Amends the definition of "eligible student" to include a sibling of a student with a disability with regards to the education scholarship account program (ESA). Provides that the sibling may not use the ESA account for certain ESA qualified expenses. Provides that an annual grant amount awarded under the career scholarship account (CSA) program may be used for costs related to obtaining a driver's license if certain conditions are met. Establishes conditions regarding the amount of funds that may be used from CSA annual grant amounts for transportation costs. Amends certain requirements regarding ESA and CSA participating entities regarding providing evidence of unencumbered assets. Changes certain CSA application time frames from seven days to 30 days. Requires each state educational institution to provide to the commission for higher education (commission) certain information regarding degrees, degree completion, faculty members, administrative support staff, costs, compensation, and debt loads. Requires the commission to prepare longitudinal analysis regarding certain data. Requires each private postsecondary educational institution and each out-of-state public and nonprofit degree granting institution that offers instructional or educational services or training in Indiana to provide to the department of education information to carry out certain reporting requirements and requirements related to the Indiana Graduates Prepared to Succeed dashboard. Allows for the revocation of an out-of-state public or nonprofit degree granting institution's authorization if the institution fails to provide the information. Adds teaching to the employment sectors eligible for the next level jobs employer training grant program. Amends requirements regarding: (1) eligibility for career coaching grants; and (2) instruction on career awareness.

Provides that a state employee may affirmatively elect to enroll in the deferred compensation plan prior to the auto enroll date on day 31 of the state employee's employment. Removes a provision that sets a maximum employer surcharge for the legislators' defined benefit plan, state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan, public employees' retirement fund, and Indiana state teachers' retirement fund (fund). Requires the board of trustees of the Indiana public retirement system (board) to develop the technological and administrative capabilities sufficient to categorize fund members into separate groups in which: (1) certain members receive a service based thirteenth check; and (2) certain members receive a cost of living adjustment. Requires the board to set the surcharge rates at a level to actuarially prefund: (1) annual indexed thirteenth checks for all current retired members and beneficiaries retired before July 1, 2025; and (2) 1% annual cost of living adjustments to future in-payment members and beneficiaries retired on or after July 1, 2025. Provides that the board shall not reduce the surcharge rates from the prior year. Allows the board to increase the surcharge rates by not more than 0.1% of payroll from the prior year. Requires certain political subdivisions to present to the interim study committee on pension management oversight regarding a delinquent employee retirement plan offered by the political subdivision. Requires, effective July 1, 2025, the trustee of the state police pension trust to maintain two supplemental allowance reserve accounts for the purpose of paying postretirement benefit adjustments. Increases the maximum date that a member or participant of certain retirement funds can participate in the deferred retirement option plan from 36 to 60 months. Requires the member or participant to notify their employer if the member or participant elects to enter or extend the deferred retirement option plan. Provides for a thirteenth check in 2024 for certain members, participants, or beneficiaries of the: (1) Indiana state teachers' retirement fund; (2) Indiana public employees' retirement fund; (3) state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan; (4) state police pre-1987 benefit system; and (5) state police 1987 benefit system.

Adds language providing that supporting and facilitating two-way communication between parents and foster parents or kinship caregivers is a state policy.

Amends the membership of the poet laureate selection committee. Provides that the selection committee shall meet on a biennial basis or as needed. Provides that a person selected as poet laureate may serve one additional consecutive term. Amends the commission's payments for the poet laureate.

Relocates the definition of "foster youth". Defines "licensed kinship caregiver". Makes the following changes with regard to state adoption subsidies: (1) Removes the age requirement for eligibility. (2) Provides that a child who is a ward of the department of child services (DCS) is considered hard to place for purposes of eligibility. Removes language regarding medical passports. Provides that if a child in foster care receives medical care, the person having custody of the child shall inform the provider that the child is in foster care and require a copy of the medical treatment record to be sent to the DCS local office. Provides that DCS shall not make an out-of-home placement of a child in a home if a person residing in the home has been convicted of a nonwaivable offense. Makes technical and conforming changes.