Rep. Chris Jeter

Changes the rated electric generating capacity from 350 megawatts to 470 megawatts for purposes of the definition of "small modular nuclear reactor" as used in the statutes concerning: (1) certificates of public convenience and necessity issued by the Indiana utility regulatory commission for the construction, lease, or purchase of electric generation facilities; and (2) financial incentives for energy utilities that invest in clean energy projects. Makes a technical correction.

Specifies that "deposition" or "depose", for purposes of a criminal case with a child victim, means a deposition pursuant to Indiana Trial Rule 30 or 31, or any other formal or informal statement or interview. Adds certain additional healthcare professionals to the list of healthcare professionals who may assist a court in determining whether a protected person can reasonably communicate in the physical presence of a defendant.

Requires the Indiana utility regulatory commission (IURC) to issue an order granting or denying an application for a certificate of public convenience and necessity (certificate) not later than 240 days after the filing of the application and the submission of the applicant's case in chief. Authorizes the IURC to issue a general administrative order establishing guidelines regarding the information to be included in an applicant's case in chief. Amends the statute providing certain financial incentives for energy utilities in connection with clean energy projects as follows: (1) Provides that a "clean energy project" includes a project to construct or repower, after July 1, 2011, a natural gas facility to displace electricity generation from an existing coal fired generation facility. (2) Provides that an "eligible business" for purposes of eligibility for incentives authorized under the statute includes a joint agency created under the Indiana Code chapter authorizing municipal electric utility programs. (3) Provides (through an amendment to a cross-referenced definition in the Indiana Code chapter governing the Indiana voluntary clean energy portfolio standard program) that for purposes of a clean energy project involving a renewable energy resource project, a "renewable energy resource" includes gas that is derived from the decomposition of organic matter and that: (A) is fully interchangeable with; or (B) can be combined with; conventional natural gas for purposes of generating electricity. (4) Provides that the IURC may provide an incentive under the statute for a project that the IURC finds to be just and reasonable (rather than "reasonable and necessary" under current law). (5) Provides that the IURC may not approve the timely recovery of costs and expenses incurred during the construction and operation of a project unless the IURC finds that recovery of the costs and expenses: (A) is just and reasonable; and (B) will result in a gross financing costs savings over the life of the project. (6) Eliminates the incentive authorizing up to three percentage points on the return on shareholder equity that would otherwise be allowed to be earned on certain clean energy projects. (7) Amends the language prescribing the time frame within which the IURC must issue a determination as to a project's eligibility for the available financial incentives to require the IURC to issue the determination not later than: (A) 120 days after the date of the application; or (B) the time frame prescribed in the bill for the IURC to grant or deny a certificate if a certificate is required for the project. Provides, for purposes of the oil and gas law (which requires the natural resources commission to adopt rules to prevent waste and prohibits actions in the extraction of coal bed methane that would waste commercially minable coal resources), that the term "waste" does not include capturing and destroying coal bed methane for a commercial purpose, including the generation of carbon credits.

Defines "prohibited person" as a person prohibited from possessing a firearm or carrying a handgun. Provides that the office of judicial administration may establish a system to transmit certain data to assist in determining whether a person is a prohibited person.

Recognizing and honoring the National Rifle Association.

Adds a definition of "mixed beverage". Allows the holder of a wine wholesaler's permit to take certain actions concerning mixed beverages and flavored malt beverages. Provides that a wine wholesaler may possess, transport, sell, and deliver mixed beverages to person who holds a particular permit. Repeals a provision concerning a wine wholesaler that also holds a liquor permit.

Amends the Indiana Code provision that sets forth the cases in which a receiver may be appointed by a court to include the appointment of a receiver upon the request of a utility if the owner of a multifamily residential property with more than four units has incurred utility bills that are at least: (1) 90 days past due; or (2) 60 days past due if a payment plan has been entered into.

Provides that a court-martial of a member of the Indiana national guard may be convened by orders of the governor or the adjutant general. (Current law provides that a court-martial of a member of the Indiana national guard may be convened by orders of the governor.) Provides that a member of the Indiana national guard may not demand trial by court-martial in lieu of nonjudicial punishment. Removes a provision permitting a commanding officer to order a member of the officer's command to be confined under correctional custody for not more than eight days. Makes changes to the disciplinary punishment an officer exercising command may impose.

Defines the term "severed interest" as an improvement, mineral rights, air rights, water rights, or other rights in property in, on, under, or above the land for which the owner or holder of the interest identified in the current real property tax records of the county auditor is sent a separate property tax statement. Provides that the estate in fee simple that is vested in a grantee by a tax deed executed under the law on the sale of tax delinquent property is subject to a lease shown by public record if the tax deed conveys only a severed interest located in, on, under, or above the land. Provides that the rights that an owner of land has in the land, in a lease shown by public record, or in a memorandum of a lease shown by public record are not limited or abrogated by a tax deed conveying an interest in one or more severed improvements.

Amends the statute concerning combinations restraining trade as follows: (1) Provides that the attorney general may bring an action for the following on behalf of the state or a political subdivision in connection with a violation of the statute: (A) Appropriate injunctive or other equitable relief, including disgorgement of any gains derived from the violation. (B) A civil penalty. (Current law provides only that the attorney general may bring an action for injuries or damages sustained directly or indirectly by the state or political subdivision as a result of the violation.) (2) Provides that the attorney general may bring an action in the name of the state as parens patriae on behalf of one or more natural persons residing in Indiana for one or more of these same remedies, in connection with a violation of the statute. (3) Specifies that in an action brought under these provisions, the attorney general may recover costs and expenses of the suit, including reasonable attorney's fees and expert fees. (Current law does not specify that the attorney general may recover expenses and expert fees.) (4) Provides that in an action brought under these provisions after June 30, 2023, the attorney general may recover a civil penalty of not more than: (A) $100,000 per violation from any natural person who violates the statute; or (B) $1,000,000 from any other person, other than a natural person, that violates the statute.