Sen. Andy Zay

Maddy summaryThis is a ceremonial Senate Resolution (SR 1) honoring Senator Brandt Hershman for his retirement after serving District 7 in the Indiana State Senate since 2000. The resolution formally expresses the Senate's gratitude for his service, highlighting his leadership roles (including Majority Floor Leader and Committee Chair) and his work on tax policy improvements. The key mechanism is directing the Senate Secretary to send a copy of the resolution to Senator Hershman and his wife. It does not create new laws or affect any policy, as it is purely a symbolic gesture of appreciation.

Requires the Indiana gaming commission (commission) to contract with an independent, qualified gaming industry research firm to conduct a study to identify the top two regions in the state where an owner's license for a riverboat could locate gaming operations. Requires the commission to present the results of the study to the state budget committee not later than November 1, 2025.

Requires an insurer, a pharmacy benefit manager, or any other administrator of pharmacy benefits to ensure that a network utilized by the insurer, pharmacy benefit manager, or other administrator is reasonably adequate and accessible and file an annual report regarding the network with the commissioner of the department of insurance (commissioner). Sets forth certain limitations and requirements with respect to the provision of pharmacy or pharmacist services under a health plan. Allows any insured, pharmacy, or pharmacist impacted by an alleged violation to file a complaint with the commissioner. Provides that the commissioner may order reimbursement to any person who has incurred a monetary loss as a result of a violation. Requires, if a pharmacy benefit manger is used with regard to a state employee health plan, the state personnel department to either create a pharmacy benefit manager or contract with an insurer, a pharmacy benefit manager, or other administrator. Prohibits a third party administrator from: (1) requiring, as a condition of a plan sponsor entering into a contract with the third party administrator, that the plan sponsor enter into a contract with a particular pharmacy benefit manager; or (2) charging a different fee for services provided by the third party administrator to a plan sponsor based on the plan sponsor's selection of a particular pharmacy benefit manager. Urges the legislative council to assign to the appropriate study committee the task of studying the topic of contracts for pharmacy benefit coverage under the Medicaid program and a state employee health plan.

Defines an "attachment request" as a request made: (1) by an attaching entity, other than an electricity supplier, to the owner (pole owner) of an electric distribution pole (pole) for authorization to install, within a period of not more than 30 days, communications service equipment on 300 or more poles owned by the pole owner; and (2) in connection with, and using funds obtained from, a state or federal program directly related to the expansion of communications services to unserved, underserved, or rural areas (program). Defines a "process management agreement" as a written agreement entered into by: (1) an attaching entity that has been awarded funding under a program; and (2) a pole owner that owns at least 300 poles with respect to which the attaching entity intends to submit an attachment request in connection with a project under the program; for the purpose of establishing processes, timelines, mutual performance obligations, and conflict resolution options for timely completing attachment requests. Provides that not later than five business days after the execution of a contract that: (1) is entered into by an attaching entity and a governmental agency; and (2) sets forth the terms and conditions for a project for which funding has been awarded under a program; the Indiana broadband office (office) shall publish the contract on the office's website. Provides that not later than 60 days after a contract is executed: (1) the attaching entity that executed the contract; and (2) each pole owner that owns at least 300 poles with respect to which the attaching entity intends to submit an attachment request in connection with a project under the program; shall hold a meeting for the purpose of discussing general project plans. Provides that not later than four months after the National Telecommunications Information Administration approves the office's final proposal for funding under the federal Broadband Equity, Access, and Deployment Program, if an attaching entity that has been awarded funding under a program does not have a process management agreement in effect with a pole owner that owns at least 300 poles with respect to which the attaching entity intends to submit an attachment request in connection with a project under the program, the attaching entity and the pole owner shall negotiate an agreement that sets forth specified processes, timelines, mutual performance obligations, and conflict resolution options. Provides that if the attaching entity and a pole owner do not reach an agreement as to the terms, conditions, and timelines for a process management agreement, or otherwise have the prescribed negotiated agreement in effect, within the required four month period, certain conditions apply with respect to the dealings between the attaching entity and the pole owner with respect to any application for a pole attachment permit that does not seek the attachment of more than 3,000 poles within a period of not more than 30 days. Authorizes the office to adopt a rapid response mediation process to be followed if a dispute arises between an attaching entity and a pole owner regarding the processes and timelines for the timely completion of an attachment request. Provides that these provisions expire July 1, 2030.

Allows a state agency to use artificial intelligence software to prepare information and projections for the state budget. Requires a state agency to provide a quarterly report to the budget committee that details the requests submitted by the state agency for new federal funds or to participate in a new federal program. Provides that, in addition to the quarterly reports, a state agency may not immediately accept an award of new federal funds in certain circumstances or participate in a new federal program before a report has been reviewed by the budget committee. Specifies the contents of the report that must be submitted for budget committee review. Requires a state agency to provide the state comptroller with a contract for inclusion in the Indiana transparency website not later than 30 days after the contract is fully executed. Requires that permanent full-time positions which have been vacant for 90 days or more be reviewed and either reauthorized or eliminated by the budget director. Requires the budget director to provide a quarterly report to the governor's office regarding those positions that were reauthorized or eliminated by the budget director in the preceding three months. Requires a state agency to provide quarterly reports to the budget committee regarding the state agency's active contracts. Provides for the reversion of funds appropriated to a state agency for expenses related to a contract that are unused after the end of the contract term. Requires the department of administration (department) to develop certain contract language to be included in state contracts of $500,000 or more. Requires a state agency to provide a report to the budget committee concerning amendments to a contract that: (1) increase the maximum contract amount by not less than $500,000; or (2) for a contract with an initial maximum contract amount of not less than $500,000, extend the term of the contract by not less than six months. Prohibits a state agency from entering into a nonpublic contract. Requires all contract opportunities of state agencies to be posted in the form of a request for proposals or a request for quotations on the department's website at least 30 days prior to the contract being awarded. Requires the office of the secretary of family and social services and the office of Medicaid policy and planning to do the following: (1) Review monthly reports on the Medicaid program service utilization to identify trends and risks within the state Medicaid program. (2) Post publicly on the office of the secretary of family and social services's website monthly financial reports or expenditures and revenues for each state Medicaid program and commentary providing context for each monthly financial report. (3) Submit a quarterly report to the budget committee.

Provides that the environmental rules board may adopt rules establishing requirements for the reclamation and reuse of treated wastewater. Requires certain entities to: (1) conduct an annual public water system cybersecurity vulnerability assessment; (2) annually provide the office of technology with the name and contact information of any individual who will act as the primary reporter of a cybersecurity incident; (3) submit an annual certification to the department of environmental management via a secured portal verifying certain information; and (4) when an actual or suspected cybersecurity breach occurs, report the incident to the office of technology.

Establishes the small modular nuclear reactor partnership pilot program (program). Provides that certain electric utilities (eligible utilities) may partner with one or more other specified types of partners (eligible partners) to develop one or more small modular nuclear reactors (SMRs) at an eligible project site, subject to the approval of the Indiana utility regulatory commission (IURC). For purposes of these provisions, provides that an eligible project site is: (1) a location in Indiana; or (2) the site of a nuclear energy facility that supplies electricity to Indiana retail customers on July 1, 2011. Provides that an eligible utility that seeks to develop a project with one or more eligible partners may petition the IURC for approval to participate in the program. Sets forth the information that an eligible utility's petition must include. Sets forth the factors that the IURC must consider in reviewing a petition. Requires the IURC to issue a final order approving or denying a petition not later than 180 days after receiving the petition and the eligible utility's complete case in chief, subject to the IURC's right to extend the time for review if the eligible utility does not object to the extension. Provides that the IURC shall approve a petition if the IURC makes specified findings. Provides that an eligible utility may petition the IURC for approval to incur, before obtaining a certificate of convenience and necessity (CPCN) to construct an SMR under the program, eligible project development costs. Defines "eligible project development costs" as project development costs that: (1) have been, or are reasonably estimated to be, incurred by an eligible utility in the development of one or more SMRs under the program; and (2) have not been and will not be recovered by the eligible utility through contributions of any money, services, or property provided at no cost to the eligible utility by any eligible partner, governmental agency, or other third party, regardless of whether the third party has entered into an eligible partnership with the eligible utility. Sets forth certain factors that the IURC must consider in reviewing an eligible utility's petition to incur eligible project development costs. Provides that if the IURC denies an eligible utility's petition to participate in the program, and the eligible utility seeks to pursue the development of an SMR outside the program, the eligible utility may: (1) proceed to develop an SMR under the procedures set forth under the existing Indiana Code section governing CPCNs for SMRs; and (2) request that the eligible utility's petition to incur eligible project development costs under bill's provisions be considered a petition to incur project development costs under the Indiana Code section governing CPCNs for SMRs .Provides that if an eligible utility receives approval to incur eligible project development costs, the eligible utility may petition the IURC for the approval of a rate schedule that periodically adjusts the eligible utility's rates and charges to provide for the timely recovery of eligible project development costs. Provides that an eligible utility that receives approval to recover eligible project development costs shall: (1) recover 80% of the approved eligible project development costs under the approved rate schedule; and (2) defer the remaining 20% of approved eligible project development costs for recovery as part of the eligible utility's next general rate case before the IURC. Provides that eligible project development costs that: (1) are incurred by an eligible utility; and (2) exceed the best estimate of eligible project development costs included in the IURC's order authorizing the eligible utility to incur eligible project development costs; may not be included in the eligible utility's rates and charges unless found by the IURC to be reasonable, necessary, and prudent in supporting the development of the project for which they were incurred. Provides that: (1) eligible project development costs incurred for a project that is canceled or not completed may be recovered by the eligible utility if found by the IURC to be reasonable, necessary, and prudently incurred; but (2) such costs shall be recovered without a return unless the IURC makes certain additional findings.

Sets forth requirements for a utilization review entity that requires prior authorization of a health care service. Prohibits a utilization review entity from requiring prior authorization for the first 12 physical therapy or chiropractic visits of each new episode of care. Provides that a claim for reimbursement for a covered service or item provided to an insured or enrollee may not be denied on the sole basis that the referring provider is an out of network provider. Repeals superseded provisions regarding prior authorization. Makes corresponding changes.

Establishes the northwest Indiana professional sports development commission. Authorizes the commission to study various plans and recommendations that are proposed with respect to attracting a professional sports franchise to northwest Indiana. Authorizes the commission to prepare a comprehensive master plan for building the facilities and other infrastructure necessary for attracting and developing one or more professional sports franchises in northwest Indiana. Creates the professional sports development fund.

A SENATE RESOLUTION recognizing Christian persecution in the area known as the Artsakh Republic and urging the Indiana federal delegation to stop funding or supporting military countries that are killing Christians in Armenia and Turkey.