Rep. Patricia Boy

A CONCURRENT RESOLUTION urging the Indiana War Memorials Commission to study and propose the construction of a suitable monument to the men and women of Indiana who died in the service of their country in the global war on terrorism.

Prohibits a person from operating on a public freshwater lake a motorboat that engages in wake boarding or wake surfing during the period between sunset and sunrise. Establishes a penalty. Provides that an individual may not operate a motorboat with: (1) an outboard engine; or (2) an outdrive unit with a propeller that extends past the motorboat's transom or swim platform; for the purpose of wake surfing.

Recognizing February as Teen Dating Violence Awareness Month.

A CONCURRENT RESOLUTION recognizing Wednesday, February 16, 2022, as a day to honor the work and mission of the regions of the American Red Cross serving the state of Indiana.

Provides a property tax deduction for a person's qualified wetlands area. Defines "qualified wetlands area". Requires a person to provide a wetland delineation report to the county auditor to be eligible for the deduction.

Provides that, after June 30, 2023, if a dwelling is connected to a residential onsite sewage system: (1) the residential onsite sewage system must be inspected by a qualified inspector and the property owner must state the inspector's determination in the real estate sales disclosure form required under current law; and (2) if the residential onsite sewage system is not inspected, if the inspector determines that the residential onsite sewage system is failing and the property owner does not state the inspector's determination in the disclosure form, or if the property owner does not submit a disclosure form to the buyer before accepting the buyer's offer, the transaction transferring ownership of the dwelling is voidable at the election of the buyer, even after the closing. Provides that, after June 30, 2023, a county recorder may not record a deed transferring a fee simple interest in a nondwelling structure connected to a commercial onsite sewage system unless: (1) the commercial onsite sewage system is inspected by a qualified inspector; (2) a document certifying that the inspection has been conducted and setting forth the inspection results is provided to the local health department, the county recorder, and the person to whom the fee simple interest is being transferred; and (3) if the commercial onsite sewage system exhibits any condition constituting system failure, the person to whom the fee simple interest in the nondwelling structure is being transferred presents to the local health department and the county recorder an affidavit stating that the cause of system failure: (A) has been eliminated; or (B) will be eliminated before the person uses the nondwelling structure for the purpose for which the person is acquiring the structure. Provides that, after June 30, 2023, a county recorder may not record a deed transferring a fee simple interest in a lot or tract of land containing a water well in addition to a residential or commercial onsite sewage system unless: (1) water from the water well is tested by a qualified tester for the presence of arsenic, nitrate, lead, and coliform bacteria; and (2) a document certifying that the testing has been conducted and setting forth the results is provided to the local health department, the county recorder, and the person to whom the fee simple interest is being transferred. Establishes exceptions to these inspection and testing requirements. Provides that the failure of the property owner to provide the document certifying and setting forth the results of the commercial onsite sewage system inspection or well water testing: (1) is a complete defense to an action brought by the property owner against a prospective transferee for breach of a contract to purchase the property; and (2) is a breach of a legal duty owed to a transferee for which the transferee may bring a civil action for compensatory damages. Requires the state department of health to adopt rules.

Makes changes to the definition of "employee" for the purposes of the minimum wage statute. Increases the minimum wage paid to certain employees in Indiana as follows: (1) After June 30, 2023, from $7.25 an hour to $9.02 an hour. (2) After December 31, 2023, from $9.02 an hour to $10.07 an hour. (3) After December 31, 2024, from $10.07 an hour to $11.11 an hour. (4) After December 31, 2025, from $11.11 an hour to $12.10 an hour. Provides that after December 31, 2026, and each subsequent December 31, the hourly minimum wage increases at the same percentage as any increase in the Consumer Price Index for the preceding calendar year. Increases the cash wage paid to tipped employees as follows: (1) After June 30, 2023, from $2.13 an hour to $3.30 an hour. (2) After December 31, 2023, from $3.30 an hour to $4.71 an hour. (3) After December 31, 2024, from $4.71 an hour to $6.12 an hour. (4) After December 31, 2025, from $6.12 an hour to $7.54 an hour. Provides that after December 31, 2026, and continuing for each subsequent December 31, the cash wage required to be paid to employees is equal to 70% of the hourly minimum wage. Provides that, if the federal minimum wage or cash wage is higher than the state minimum wage or cash wage, employers are required to pay the higher federal rate. Makes technical corrections and corresponding changes.

Requires the owner or operator of a coal combustion residuals (CCR) surface impoundment: (1) that is located in a 500 year flood zone, has caused a statistically significant increase in groundwater contamination, or does not have a composite liner that meets certain requirements; or (2) that is otherwise subject to a federal or state closure requirement; to remove all CCR from the CCR surface impoundment, return the site of the CCR surface impoundment to a nonerosive and stable condition, and either transfer the CCR for disposal in a landfill that meets certain requirements or put the CCR to an encapsulated beneficial use. Requires that the CCR be put to an encapsulated beneficial use whenever possible. Requires the owner or operator of a CCR surface impoundment to monitor for dust problems during removal of the CCR from the surface impoundment and requires the use of dust controls in the removal, transfer, and disposal of the CCR to minimize dust pollution. Requires the owner or operator of a CCR surface impoundment from which the CCR are being removed, in consultation with local government officials, to develop a plan for transporting the CCR after it is removed from the surface impoundment. Prohibits the department of environmental management (department) from approving a plan for closure of a CCR surface impoundment that does not meet these requirements. Requires the department to hold a public hearing on the approval or denial of a plan for the closure of a CCR surface impoundment.

Requires the department of state revenue, the state department of labor, the worker's compensation board of Indiana, and the department of workforce development to report before September 1 in 2022 through 2025 to the interim study committee on employment and labor for the immediately preceding three state fiscal years and in the aggregate for the three state fiscal year period: (1) the number of employers that each department or the board determined during the immediately preceding state fiscal year improperly classified at least one worker as an independent contractor; (2) the total number of improperly classified workers employed by those employers; (3) the department's or board's calculation of the revenue not collected or the additional costs to the state that the department or board attributes to the improperly classified workers; and (4) the amount of the penalties and interest assessed against those employers by each department or the board, and the amount of the penalties and interest assessed that has been collected. Excepts residential contractors from the term "employer" for purposes of the reporting requirements.

A CONCURRENT RESOLUTION honoring and remembering Professor Anita Bowser and dedicating a section of U.S. Highway 421 as the "Professor Anita O. Bowser Memorial Highway".