Sen. Linda Rogers

A SENATE RESOLUTION honoring Indiana's women veterans.

Provides that a person who refuses to follow the lawful commands of a law enforcement officer to move a specified reasonable distance away from the scene of an active investigation commits a Class B misdemeanor. Establishes a defense if the order: (1) is unreasonable under the circumstances; or (2) would endanger the person. Permits a person to be placed in a community corrections program even if the person's sentence is suspendible.

Allows the judges of the Elkhart circuit and superior courts to appoint four full-time magistrates (effective July 1, 2023) and two additional full-time magistrates beginning January 1, 2024. (Current law allows for the appointment of two magistrates.)

Specifies that in calendar year 2023, if the amount of excess reserves meets a certain threshold, the governor shall transfer the first $1,000,000,000 of excess reserves to the pension stabilization fund. Provides for an additional automatic taxpayer refund for the 2021 taxable year in the amount of $200 to taxpayers who are eligible for an automatic taxpayer refund under current law. Provides that a taxpayer who: (1) is not eligible for the additional automatic taxpayer refund; (2) was not claimed as a dependent of another taxpayer for taxable year 2022; (3) received Social Security benefits in calendar year 2022; and (4) files a tax return for the 2022 taxable year; is eligible for a refundable tax credit in the same amount of $200. Establishes the Hoosier Families First Fund (fund) to be administered by the budget agency and specifies the purposes for which money in the fund may be used. Appropriates $45,000,000 from the state general fund to the fund for state fiscal year 2023. Provides a sales tax exemption for children's diapers. Provides that the gasoline use tax rate during the period beginning on the first day following the enactment into law of the bill and continuing through June 30, 2023, is capped at $0.295 per gallon. Provides, however, that if the gasoline use tax rate as determined under current law for a month is less than $0.295 per gallon, the lesser tax rate shall apply. Adds an additional exemption for an adopted child. Increases the amount of the adjusted gross income tax credit to which an individual who is eligible to claim the federal adoption tax credit is entitled. Provides that the postpartum period determined by the office of the secretary of family and social services during which Medicaid coverage is available to a woman must not be less than 12 months beginning on the last day of the pregnancy. Before November 1, 2022, requires the office of Medicaid policy and planning (office) to research and compile total Medicaid reimbursement for inpatient hospital services and outpatient hospital and clinical services for Indiana and in states bordering Indiana for certain prenatal, pregnancy, postnatal, and pediatric wellness services. Requires the office to prepare a report of the office's findings and submit the report to the general assembly not later than December 1, 2022. Adds donated breast milk to the list of supplies and services provided by Medicaid and the healthy Indiana plan. Establishes the doula reimbursement advisory board. Requires the office of the secretary of the family and social services administration to: (1) seek any necessary approval from the United States Department of Health and Human Services; and (2) adopt any written policies, procedures, or regulations determined necessary; to provide reimbursement for long-acting reversible contraception. Authorizes a local health department, health care provider, or other human services provider to request a grant from the safety PIN (protecting Indiana's newborns) grant fund to be used to assist individuals seeking contraceptives. Authorizes a local health department, a health care provider, or a human services provider to seek grants to provide instruction on the use of fertility awareness-based family planning methods. Prohibits the state department of health from awarding grants for the distribution of contraceptives through school run programs or to a minor without the consent of the minor's parent or guardian. Requires the state department of health to contract with a third party vendor to conduct an evaluation concerning access to low cost birth control and access to education and services concerning unwanted pregnancy. Appropriates money for various purposes related to children and families.

Provides that the gasoline use tax rate during the period beginning on the first day following the enactment into law of the bill and continuing through June 30, 2023, is capped at $0.295 per gallon. Provides, however, that if the gasoline use tax rate as determined under current law for a month is less than $0.295 per gallon, the lesser tax rate shall apply. Provides a temporary sales tax exemption for six monthly billing cycles during which the sale of utilities to residential customers and the sale of intrastate telecommunication services to residential customers are exempt from the state sales tax. Defines "residential customer" for purposes of the exemption. Requires the power subsidiary or person that furnishes or sells the services to provide to each customer on the customer's billing statement a notice that the state sales tax that otherwise would be applied is not applied in accordance with the enactment of the bill. Freezes the gasoline excise tax and the special fuel tax rates beginning on the first day following the enactment into law of the bill and continuing through June 30, 2023, at the rates that were in effect on June 30, 2022. Eliminates the annual index factor during this period. Specifies that beginning July 1, 2023, the tax rates shall be determined as if the rates had not been frozen during the 2023 state fiscal year. Appropriates $17,700,000 from the state general fund to the auditor of state to make transfers to counties, cities, and towns equal to the amount of gasoline excise tax and special fuel tax that each county, city, and town would have otherwise received if the rates had not been frozen during the 2023 state fiscal year. Requires the revenue transferred to the counties, cities, and towns to be used for the purposes for which revenue from those tax rates may be used under applicable law. Appropriates an amount for transfer to the capital reserve account after June 30, 2023, based on a determination by the budget agency of the difference between: (1) $1,000,000,000; and (2) the actual fiscal impact to the state of Indiana in state fiscal year 2023 as a result of the enactment of certain provisions being proposed in Senate Bill 2 and Senate Bill 3. Appropriates $400,000,000 from the state general fund to the budget agency for transfer to the pension stabilization fund for the purposes of the pension stabilization fund.

Resolves conflicts occurring in the following: (1) SEA 37-2022 and HEA 1075-2022. (2) SEA 37-2022 and SEA 382-2022. (3) SEA 294-2022 and HEA 1296-2022. (4) HEA 1174-2022 and HEA 1314-2022. (5) SEA 119-2022 and HEA 1260-2022. (6) SEA 382-2022 and HEA 1251-2022. (7) SEA 382-2022 and HEA 1002-2022. (8) HEA 1169-2022 and HEA 1245-2022. (9) SEA 37-2022 and HEA 1245-2022. (10) SEA 356-2022 and HEA 1251-2022. (11) SEA 290-2022 and HEA 1093-2022. (12) SEA 80-2022 and HEA 1300-2022. (13) SEA 149-2022 and HEA 1260-2022. Makes technical corrections in various enrolled acts as follows: (1) Removes extraneous provisions inadvertently left in HEA 1262-2022 and HEA 1137-2022. (2) Corrects the name of the International Chiropractors Association in a provision added by SEA 239-2022. (3) Inserts a phrase inadvertently omitted from SEA 388-2022. (4) Corrects cross references in HEA 1003-2022. Specifies the general assembly's intent regarding IC 34-30-2 and conflicts occurring in SEA 5-2022, SEA 80-2022, and HEA 1260-2022.

Removes the superintendent of public instruction from the list of officeholders who shall discharge the powers and duties of the governor if the office of the governor and lieutenant governor are both vacant. This proposed amendment has not been previously agreed to by a general assembly.

Provides that an individual may be employed by a child care provider before the state-mandated criminal history check of the individual is completed if the following conditions are satisfied: (1) The individual's: (A) fingerprint-based check of national crime information data bases; (B) national sex offender registry check; (C) in-state local criminal records check; and (D) in-state child protection index check; have been completed. (2) If the individual has resided outside Indiana at any time during the five years preceding the individual's date of hire, the individual's: (A) out-of-state child abuse registry check; and (B) out-of-state local criminal records check; have been requested. (3) The individual's employment before the completion of the state-mandated criminal history check is limited to training during which the individual: (A) does not have contact with children who are under the care and control of the child care provider; and (B) does not have access to records containing information regarding children who are under the care and control of the child care provider. (4) The individual completes an attestation, under penalty of perjury, disclosing: (A) any abuse or neglect complaints made against the individual with the child welfare agency of a state other than Indiana in which the individual resided within the five years preceding the date of the attestation; and (B) any contact the individual had with a law enforcement agency in connection with the individual's suspected or alleged commission of a crime in a state other than Indiana in which the individual resided within the five years preceding the date of the attestation. Establishes a process by which a child caring institution, group home, licensed child placing agency, or secure private facility (child services providers) may request a review of base rates and other cost-based rates approved by the department of child services (department).

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.

Requires the department of administration (department) to determine the technological upgrades and other expenditures required to collect and compile information regarding purchases made by state agencies from the following: (1) A minority business enterprise. (2) A nonprofit agency for individuals with disabilities. (3) A veteran owned small business. (4) A women's business enterprise. Provides that if a nonprofit agency for individuals with disabilities (qualified agency) withdraws from a department pilot project through which the qualified agency sells products or services to governmental bodies through a third party contractor, the department must award the qualified agency a quantity purchase agreement (QPA) for the same products and services and under the same terms, except for price, under which the qualified agency had a QPA with the department before participating in the pilot project. Provides that the qualified agency must agree to provide the same products or services at a price less than the price provided for the products or services under the pilot project. Requires a state agency to purchase supplies or services from a QPA for those supplies or services awarded to a qualified agency. Requires the department, in consultation with the committee for the purchase of supplies and services of individuals with a disability, to adopt administrative rules to establish a goal to procure in each state fiscal year at least 1.5% of state contracts with qualified agencies. Provides that this goal must be administered so as not to diminish any other state contracting goals established under existing law.