Sen. Liz Brown

Requires an adult oriented website operator that displays material harmful to minors to use a reasonable age verification method to prevent a minor from accessing an adult oriented website. Creates a cause of action to permit: (1) the parent or guardian of a child harmed by a violation of the age verification requirement to obtain monetary damages, injunctive relief, and reasonable attorney's fees; and (2) any other person to bring an action to obtain injunctive relief and reasonable attorney's fees. Prohibits a person that conducts age verification from retaining the identifying information of an individual seeking to access an adult oriented website that displays material harmful to minors, and permits an individual whose identifying information is retained to bring an action to obtain monetary damages, injunctive relief, and reasonable attorney's fees. Requires adult oriented website operators to use commercially reasonable methods to secure all information collected and transmitted. Provides that the attorney general may bring an action to obtain an injunction, a civil penalty of not more than $250,000, or the attorney general's reasonable costs in investigating and maintaining the action. Provides that when the attorney general has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in a violation, the attorney general is empowered to issue civil investigative demands under IC 4-6-3-3 to investigate the suspected violation. Requires verification information of minors to be kept confidential with certain exceptions. Adds verification information to the definition of "personal information". Adds a violation of IC 24-4-23 as a deceptive act.

Prevents a CPAP provider from making any decision, having any influence, or directing the consumer claimant or the consumer claimant's attorney with respect to the conduct of the underlying civil proceeding. Provides that a commercial litigation financier may not provide funding to a commercial litigation financing agreement that is financed by a foreign entity of concern. Prevents a party from sharing information subject to a court order to seal or protect that is received in the course of the civil proceeding with a commercial litigation financier. Provides that a commercial litigation financier may not make any decision, have any influence, or direct the plaintiff with respect to the underlying civil proceeding. Specifies that a commercial litigation financing agreement is subject to discovery. Requires the plaintiff or the plaintiff's attorney to provide written notice of a commercial litigation financing agreement if the agreement is directly or indirectly financed by a foreign person.

Provides that a state of disaster emergency declared by the governor: (1) that applies to the entire state may not continue for more than 60 days unless a renewal is authorized by the general assembly; and (2) that only applies to part of the state may not continue for more than 30 days unless renewed by the governor. Provides that the renewal of a statewide disaster emergency authorized by the general assembly may continue for not more than 60 days. Specifies that if a state of disaster emergency that applies to the entire state has ended, the governor may not call a new state of disaster emergency that applies to the entire state unless the new disaster is wholly unrelated to the earlier disaster. Defines "wholly unrelated".

Increases: (1) the amount of attorney's fees that may be incurred by an offeror to $250 per hour; and (2) the total amount of attorney's fees, costs, and expenses that may be awarded to not more than $5,000; with respect to a qualified settlement offer.

Specifies that certain workforce related programs must be reviewed by the legislative services agency at least once rather than every five years. Requires the budget agency to biennially prepare a list of dedicated funds that have not been used in the previous two state fiscal years. Makes technical corrections to various statutes concerning rulemaking. Requires agencies to submit a copy of the notice of the first public comment period and regulatory analysis to the small business ombudsman. Provides that the legislative notice required for rule readoptions must be submitted not later than January 1 of the year preceding the year in which the rule expires. Provides that the publisher of the Indiana Register shall assign a document control number when an agency submits the legislative notice during rule readoption instead of when the agency submits the notice of proposed readoption. Provides that an agency may adopt interim rules to implement a reduction, a full or partial waiver, or an elimination of a fee, fine, or civil penalty included in an administrative rule. Requires the budget agency to transfer money in the phase out trust fund on or before June 30, 2024, to the Medicaid contingency and reserve account. Expires the phase out trust fund on July 1, 2024, and makes corresponding changes. Specifies certain deadlines within the statutes governing an agency's failure to enact required licensure rules. Requires an agency to conduct a regulatory analysis for certain proposed rules, including if the implementation and compliance costs are at least $1,000,000. Provides that if a proposed rule has implementation and compliance costs of at least $1,000,000, the following: (1) The rule cannot be published in the Indiana Register until the budget committee has reviewed the rule. (2) The budget agency and the office of management and budget may not approve any part of the proposed rule prior to review of the proposed rule by the budget committee. Provides that for a provisional rule or an interim rule that has implementation and compliance costs of at least $1,000,000, the governor may not approve a rule prior to the budget committee's review of the rule. Requires the office of management and budget to notify the legislative council of certain proposed rules that have a fiscal impact of over $1,000,000 over the course of two years. Removes references concerning the adoption of an emergency rule. Amends a reference from emergency rules to provisional or interim rules under certain circumstances. Makes conforming changes.

Expands the definition of a "health care representative". Creates a procedure to transfer the interest of certain single member, limited liability companies to a legatee or heir of the member upon the member's death. Provides that certain provisions in a will or revocable trust in favor of the testator's or trust settlor's former spouse are revoked upon dissolution or annulment of the marriage. Specifies that the provisions in favor of the testator's or trust settlor's former spouse are reinstated if the testator or the settlor remarries the former spouse. Provides that a court may order a convicted felon to serve as a domiciliary personal representative under certain circumstances. Provides that a claim by the estate recovery unit is forever barred unless the estate recovery unit takes certain action against the decedent's estate not later than 120 days after the date of death of the decedent. Provides that a personal representative or a trustee is not required to distribute particular assets based upon the potential gain or loss that a distributee would realize if the assets were sold. Provides that a verified petition for the issuance of a confidential health disclosure order must state whether the alleged incapacitated person cannot provide or has refused to provide written authorization for disclosure of certain medical information. Provides that a document creating a power of attorney that does not contain a notary and preparation statement may be recorded with the county recorder if the document meets certain criteria. Provides signature formats for an attorney in fact to use when signing an instrument on behalf of a principal. Provides recording requirements when including cross-references to a previously recorded document. Requires the endorsement of the county auditor to record a transfer on death deed and instrument. Specifies who an owner may designate as a grantee in a beneficiary designation instrument. Clarifies the form and scope of a transfer on death instrument. Resolves a technical conflict with HEA 1034-2024. Makes conforming and technical changes. (The introduced version of this bill was prepared by the probate code study commission.)

Requires the division of disability and rehabilitative services (division), beginning 12 months after the direct support professional registry is implemented, to post monthly on the division's website the total number of individuals registered under the registry. Requires the division to present information concerning the total number of individuals registered to the division of disability and rehabilitative services advisory council at least quarterly. Requires reports of newly hired employees to be filed electronically. Requires employers to provide an employee's current primary standardized occupational classification code and starting compensation on a report of a newly hired employee. Provides that each workforce focused agency shall deliver a workforce related program report to the management performance hub. Requires the management performance hub to: (1) compile the workforce related program reports into an annual data product; and (2) make the data product available to each workforce focused agency. Makes conforming amendments.

Creates the artificial intelligence task force (task force) to study and assess use of artificial intelligence technology by state agencies. Provides that political subdivisions, state agencies, school corporations, and state educational institutions (public entities) may adopt a: (1) technology resources policy; and (2) cybersecurity policy; subject to specified guidelines. Specifies requirements for: (1) public entities; and (2) entities other than public entities; that connect to the state technology infrastructure of Indiana. Provides, with regard to a licensing contract entered into by a state agency for use of a software application designed to run on generally available desktop or server hardware, that the contract may not restrict the hardware on which the state agency installs or runs the software. Provides that if a state agency enters into a contract with a person under which the state agency runs software on hardware owned or operated by the person, the office of technology shall ensure that the state agency fully complies with the licensing terms of all software run on the person's hardware. Provides that an executive or legislative state agency may submit to the office of technology and the task force an inventory of all artificial intelligence technologies in use, or being developed or considered by the state agency for use, by the state agency. Provides that, subject to specified exceptions: (1) title to any record of state government is held by the state; and (2) title to any record of a local government is held by that local government.

Removes provisions in current law specifying that services provided to an individual while the individual is committed to a facility for mental health services are medically necessary when provided in accordance with generally accepted clinical care guidelines. Requires Medicaid reimbursement for Medicaid covered services provided to a Medicaid recipient while the individual is detained to a facility for mental health services. Sunsets this provision on June 30, 2025. Requires, on or before February 1, 2025, the office of the secretary of family and social services to report to the budget committee certain information for Medicaid claims data ranging from July 1, 2024, to December 31, 2024. Amends the requirements for an application for detention.

Requires the Indiana economic development corporation to annually report to the general assembly regarding funds dedicated to supporting child care under specified state and federal programs. Defines an "out-of-school-time program". Requires the office of the secretary of family and social services (FSSA) to publish on the FSSA website a dashboard providing monthly information regarding state and federal child care subsidies available to Indiana residents. Provides that a household is eligible to begin receiving assistance under the federal Child Care and Development Fund (CCDF) voucher program if the household, at the time of FSSA's initial determination of the household's income eligibility: (1) has a household income that does not exceed 85% of Indiana's state median income for the household's family size; (2) includes an individual who is employed by a licensed child care center, a licensed child care home, or a licensed or registered child care ministry; and (3) otherwise meets federal eligibility requirements for the CCDF program. Provides, with respect to the individual with certification in cardiopulmonary resuscitation (CPR) required to be present at all times when a child is in the care of a child care provider that is eligible to receive reimbursement through the CCDF program, that the individual is not required to be recertified in CPR annually. Provides that: (1) the early learning advisory committee must commission a third party evaluation to assess existing regulations for child care providers not later than May 1, 2024 (rather than July 1, 2024, under current law); and (2) FSSA must initiate the process of amending FSSA's rules in consideration of the findings of the third party evaluation not later than July 1, 2024. Requires, not later than September 30, 2024, the early learning advisory committee to: (1) complete a study regarding compensation in Indiana for early childhood educators and caregivers at out-of-school-time programs; (2) create an online dashboard to allow access to compensation data; and (3) issue a report containing the committee's findings and recommendations. Amends provisions regarding the On My Way Pre-K voucher program (program) to: (1) provide eligibility for children of child care employees; and (2) amend references to funds provided to children under the program as prekindergarten vouchers, rather than grants. Requires FSSA to establish a micro facility pilot program, under which FSSA shall: (1) develop a regulatory model that: (A) is applicable only to certain licensed or registered child care providers that provide child care for not less than three children and not more than 30 children for at least four hours per day (micro facilities); and (B) incorporates waivers or variances from FSSA's rules applicable to certain child care providers; (2) apply the regulatory model to at least three micro facilities and evaluate the operation of the micro facilities under the regulatory model; and (3) not later than October 1, 2026: (A) make a determination as to whether FSSA will adopt rules specific to micro facilities that incorporate some or all aspects of the regulatory model; and (B) submit to the general assembly a report regarding the pilot program. Requires FSSA to do the following: (1) Amend FSSA's rules to define a "substitute educator" caregiver type for purposes of FSSA's rules pertaining to all categories of child care providers regulated by FSSA. (2) Amend FSSA's rules to allow an employee of a child care provider who: (A) is 16 or 17 years of age; (B) is assigned to a lead caregiver who supervises the employee at all times during which the employee is supervising a child; (C) is never left alone with a child; and (D) meets specified qualifications; to be counted in child/staff ratios for school age child care rooms. (3) Amend FSSA's rules to allow an employee of a child care provider who: (A) is at least 18 years of age; and (B) meets specified qualifications; to serve as the staff person in charge of an infant/toddler room. (4) Issue a report to the general assembly not later than October 31, 2024, documenting the results attributable to: (A) the employer sponsored child care fund; and (B) the employer child care expenditure credit. (5) Study, in collaboration with other specified state agencies, opportunities for resource sharing across state agencies and local units of government to facilitate the fingerprinting of individuals for purposes of conducting national criminal history background checks and issue a report to the governor and the general assembly regarding the results of the study. Makes technical corrections.