Sen. Dennis Kruse

Removes schools and certain public libraries from the list of entities eligible for a specified defense to criminal prosecutions alleging: (1) the dissemination of material harmful to minors; or (2) a performance harmful to minors. Adds colleges and universities to the list of entities eligible for a specified defense to criminal prosecutions alleging: (1) the dissemination of material harmful to minors; or (2) a performance harmful to minors.

Provides civil tort immunity for damages arising from COVID-19 on the premises owned or operated by a person, on any premises on which the person or an employee or agent of the person provided property or services to the individual, or during an activity managed, organized, or sponsored by the person, except for an act or omission that constitutes gross negligence or willful or wanton misconduct (including fraud and intentionally tortious acts). Defines "COVID-19 protective product" and provides civil tort immunity for harm that results from the design, manufacture, labeling, sale, distribution, or donation of a COVID-19 protective product, except for an act or omission that constitutes gross negligence or willful or wanton misconduct (including fraud and intentionally tortious acts). Prohibits class action suits.

Establishes a work sharing unemployment insurance program (program). Requires an employer that desires to participate in the program to submit a work sharing plan for approval by the commissioner of the department of workforce development. Establishes the work sharing benefit as equal to an affected employee's unemployment benefit reduced by a percentage equal to the percentage of the employee's normal weekly work hours that the employee works under the approved work sharing plan.

Prohibits a county, city, town, or townships (unit) from reducing its annual public safety budget for the ensuing fiscal year by an amount that is more than the percentage by which the anticipated revenue for the ensuing budget year is less than the anticipated revenue in the current budget year. Provides that a unit may not transfer more than 5% of the funds appropriated to the public safety budget to a non-public safety purpose, unless the executive declares that an emergency exists and the transfer is necessary to protect the public health, welfare, or safety. Exempts public safety budget reductions that are the result of a reorganization of a unit under the government modernization act.

Establishes a procedure for the general assembly to call itself into session at times not specifically scheduled in statute. Provides that: (1) the initial state of disaster emergency may not continue longer than 30 days following the initial date of the declaration; and (2) a state of disaster emergency may not be renewed or extended by the governor without the approval of the general assembly. Provides that if the governor calls a special session, the special session shall be limited only to consideration of the purpose for which the initial state of disaster emergency was declared.

Requires hospitals, health facilities, and residential care facilities to develop and maintain protocols concerning the visitation of admitted patients by certain individuals. Specifies certain requirements for hospital, health facility, and residential care facility visitation protocols. Requires specified visitation policies to remain in effect during times in which normal visiting procedures are halted due to a declared emergency or epidemic. Provides civil immunity to hospitals, health facilities, residential care facilities, their respective employees, and their respective contractors for the good faith implementation of specified patient visitation protocols.

Establishes the Indiana education scholarship account program (program). Provides that, after June 30, 2022, a parent of an eligible student or an emancipated eligible student may establish an account in the program. Establishes eligibility requirements regarding the program. Provides that the treasurer of state shall, in consultation with the state board of education and the department of education, administer the program. Provides a deduction from Indiana adjusted gross income for a grant amount that is distributed to a taxpayer's Indiana education scholarship account and used for a qualified expense, to the extent the distribution is included in the taxpayer's federal adjusted gross income.

Requires an employer to provide reasonable employment accommodations for a pregnant employee. Requires the department of labor to investigate complaints and attempt to resolve complaints through the use of an administrative law judge. Allows for appeals.

Renames the judicial nominating commission as the commission on judicial nominations and qualifications. Provides that one commission member is selected by attorneys licensed in Indiana, one commission member is appointed by the speaker of the house of representatives, and one commission member is appointed by the president pro tempore of the senate. Requires that, of the three members appointed by the governor, at least one commission member must be an attorney. Prohibits a person who is a lobbyist from serving on the commission. Provides for the governor to fill a vacancy on the supreme court or the court of appeals from nominees recommended by the commission, subject to confirmation by the senate. Provides that a justice of the supreme court or a judge of the court of appeals serves until July 1 of the tenth year after the justice's or judge's appointment is confirmed by the senate or the justice's or judge's retention in office is confirmed by the house of representatives. Provides that if a justice or judge wants to serve a new term, the justice or judge must apply to the house of representatives for retention. Specifies that a judge or justice will be retained, unless: (1) the judge or justice does not apply to the house of representatives for retention; or (2) at least 60% of the members of the house of representatives vote against retention. Amends the provisions concerning impeachment proceedings for a justice or judge. Provides a transition for justices and judges serving at the time of the adoption of these amendments to the constitution. This proposed amendment has not been previously agreed to by a general assembly.

Provides that the bureau of motor vehicles shall place an identifying symbol on certain driver's licenses, permits, and identification cards to indicate the use of a service animal due to a person's disability.