Sen. David Niezgodski

Prohibits an employer from requiring, as a condition of employment, an employee or prospective employee to receive any immunization if the immunization is medically contraindicated for the employee or receiving the immunization is against the employee's religious beliefs or conscience. Allows for a civil action against an employer for a violation.

Establishes a five year medical cannabis pilot program, administered by the state department of health, to permit the use of medical cannabis in Indiana. Creates a cannabis cultivation center tax credit for a person who establishes or operates a cultivation center. Reduces the penalty for possession of marijuana, hashish, hash oil, and salvia to: (1) a Class C infraction for a first offense; (2) a Class C misdemeanor for a second or subsequent offense; and (3) a Class A misdemeanor for a second or subsequent offense if the person possesses more than a specified amount. Reduces the penalty for possession of marijuana, hashish, hash oil, or salvia packaged in a container labeled as containing low THC hemp extract to a Class C misdemeanor. Provides that a person's probation may not be revoked solely on the basis that the person tested positive for marijuana or a metabolite of marijuana. Makes conforming amendments.

Provides that an individual who meets certain conditions is eligible for the resident tuition rate as determined by the state educational institution. Requires the commission for higher education to prescribe the form of the affidavit an individual must file to be eligible for the resident tuition rate. Provides that an agency or political subdivision is not required to verify that an individual is a United States citizen or qualified alien for the individual to be eligible to pay the resident tuition rate. Repeals a provision that provides that an individual who is not lawfully in the United States is not eligible to pay the resident tuition rate.

Requires that, whenever the actual costs for the construction of a public improvement are at least $150,000, a contractor or subcontractor shall pay the workers employed in the performance of work for the construction of the public improvement a rate of wages that is not less than the prevailing wage determined by the commissioner of the department of labor (commissioner). Requires that employer contributions for fringe benefits paid under a bona fide collective bargaining agreement be included in the prevailing wage determination unless a contractor or subcontractor is required by federal, state, or local law to provide the fringe benefit. Provides that a prevailing wage determination is conclusive for one year from the date of the determination unless the determination is superseded by a later determination. Requires that all prevailing wage determinations be publicly available. Requires that a contract or subcontract for the construction of a public improvement contain a provision stating that the contractor or subcontractor is required to pay a rate of wages that is not less than the prevailing wage, and that, if it is determined that a worker has been paid less than the prevailing wage, the public body may terminate the contract or part of the contract and continue the work with the public body's own work force or another contractor or subcontractor. Requires a contractor or subcontractor to make full payment of wages without any deductions, except for deductions required by federal or state law and deductions agreed to by the worker and approved by the contracting public body as fair and reasonable. Provides that, if a contractor or subcontractor fails to provide records requested by the commissioner concerning the payment of a prevailing wage, the commissioner may direct the fiscal or financial officer of the contracting public body to withhold from payment up to 25% of the contract amount and pay the workers directly any wages and fringe benefits due and payable. Requires the commissioner to distribute to all public bodies in the state a list of persons and firms that the commissioner has determined have not paid prevailing wages and prohibits a public body from awarding a contract or subcontract to a person or firm on the list for three years after the list is published. Provides mechanisms for the commissioner, workers, or an interested body to enforce violations of the prevailing wage law. Requires a contractor or subcontractor that fails to pay prevailing wages to pay as a civil penalty 75% of the difference between the prevailing wage rate and the wages paid to the workers. Deposits the civil penalties into a prevailing wage penalty enforcement fund to be used to pay expenses incurred by the commissioner in the administration and enforcement of the prevailing wage law. Prohibits a person from requesting or demanding all or a portion of a worker's wages in exchange for employment on the construction of a public improvement. Prohibits a public body from dividing the construction of a public improvement into two or more contracts to avoid paying the prevailing wage.

Requires the Indiana economic development corporation (IEDC) to compile a list of all employers that relocate a call center to a foreign country and to disqualify employers on that list from state grants, loans, and tax credits. Requires an employer receiving a state grant, loan, or tax credit to notify the IEDC if the employer intends to relocate a call center. Imposes a civil penalty on an employer that does not notify the IEDC.

Provides that a candidate for the certified public accountant examination (exam) may not apply for or take the exam prior to meeting certain education requirements. Provides an exception to the application restriction if a candidate applies up to 60 days prior to the candidate's completion of the education requirements. Provides the Indiana board of accountancy (board) may cancel an exam score if a candidate fails to meet certain requirements. Provides that a candidate must attain a grade of at least 75 on the exam. Provides that a candidate may take the required exam sections individually and in any order and that credit for a passed section shall be valid for 18 months. Provides that a candidate must pass all exam sections within a rolling 18 month period and if a candidate does not do so, credit for any section passed outside of the rolling 18 month period expires and the exam section must be retaken. Provides that a candidate shall retain credit for exam sections passed as a candidate of another state if applicable. Provides that a candidate is considered to have passed the exam once the candidate simultaneously holds credit for each passed section. Provides that the board may extend a term of credit validity under certain circumstances. Provides that the board shall notify eligible candidates of the time, place, and procedures for the exam, or that a candidate shall independently contact the board, the board's designee, or a test center operator to schedule the time, place, and procedures for the exam at an approved site. Provides that these requirements expire on July 1, 2021. Requires the agency to adopt rules to implement the provisions in the bill. Voids certain sections of the Indiana Administrative Code.

Provides that, except in certain circumstances, a person may not hold or use a telecommunications device while operating a moving motor vehicle. Removes prohibitions on typing, transmitting, or reading a text message or an electronic mail message while operating a moving motor vehicle. Provides that the bureau may not assess points under the point system for a violation occurring before July 1, 2021.

Provides the state department of health (state department) with emergency rulemaking authority to amend provisions in the state department's administrative rules concerning radon. Requires the state department to amend provisions in the state department's administrative rules concerning radon using the regular rulemaking process before December 31, 2021. Provides that the provisions added by the bill expire July 1, 2022.

Makes changes to the membership of the governor's workforce cabinet. Requires the governor's workforce cabinet to work with stakeholders from early learning through the workforce to establish alignment and coordination between the early learning advisory committee, state board of education (state board), commission for higher education, and department of workforce development.

Provides that a motor carrier safety improvement that is deployed, implemented, used by, or required by a motor carrier shall not be considered when evaluating an individual's status as an employee, independent contractor, or jointly employed employee.