A SENATE RESOLUTION to honor Senator Eddie Melton upon his retirement from the Indiana Senate.
Provides that the office of administrative legal proceedings (OALP) is the ultimate authority for agencies subject to the jurisdiction of the OALP. Provides that a court conducting a judicial review hearing shall review questions of law and fact de novo. Makes conforming amendments.
Provides that recreational vehicles are included within the definition of "motor vehicle" or "vehicle" for purposes of motor vehicle protection laws.
Requires manufacturers of alternative nicotine products and vapor products to annually certify their products with the department of state revenue (department). Requires the department to establish and maintain a directory on the department's website of all manufacturers of alternative nicotine products and vapor products. Provides that, if an alternative nicotine product or vapor product is removed from the directory, each retail dealer, distributor, or wholesaler has 21 days from the day the product is removed from the directory to remove the product from its inventory and return the product to the manufacturer for disposal. Provides that, after the 21 day period, the alternative nicotine products or vapor products of a manufacturer identified in the notice of removal are contraband and are subject to seizure, forfeiture, and destruction and may not be purchased or sold in Indiana. Provides the department with certain enforcement authority. Provides that all fees and penalties collected by the department must be used by the department to administer the directory and enforce the requirements associated with the directory. Provides that any alternative nicotine products or vapor products offered for sale in violation of the directory requirements are declared to be contraband and may be seized without a warrant by the department or by any law enforcement agency in Indiana if directed by the commissioner of the department. Provides that a person may not advertise, distribute, market, offer for sale, or sell a vapor product by using, in a trademark of the product or in the product's advertising branding, design, marketing, or packaging, certain terminology that is attractive to minors. Requires the department to submit an annual report to the general assembly. Provides that a violation of the directory requirements constitutes a deceptive act that may be enforced by the attorney general.
Requires the Indiana clearinghouse for information on missing children and missing endangered adults to cooperate with licensed child placing agencies for purposes of locating missing children. Amends the definition of "safe haven infant" to provide that the term means any infant taken into custody by an emergency medical services provider under specified circumstances. Amends the definition of "abandoned infant" for purposes of juvenile law to provide that the term does not include a safe haven infant. Requires an emergency medical services provider who takes custody of a safe haven infant at a location other than a hospital to transport the safe haven infant to a hospital. Requires the department of child services (department) to do the following: (1) Create and maintain: (A) a means by which licensed child placing agencies may opt to receive notice of a safe haven infant having been taken into custody by an emergency medical services provider; and (B) a registry of licensed child placing agencies that have opted to receive notice. (2) Accurately track the number of safe haven infants taken into custody by emergency medical services providers. Requires a licensed child placing agency that assumes custody of a safe haven infant to immediately notify the department that the licensed child placing agency has assumed custody of the safe haven infant. Provides that if a licensed child placing agency assumes custody of a safe haven infant from an emergency medical services provider with which the licensed child placing agency, or an employee of the licensed child placing agency, has a financial relationship that could be construed as providing an incentive for the emergency medical services provider to give custody of the safe haven infant to the licensed child placing agency, the licensed child placing agency: (1) may not place the safe haven infant; and (2) shall, without unnecessary delay after taking custody of the safe haven infant, transfer custody of the safe haven infant to the department. Provides that if the department or a licensed child placing agency files a petition to terminate the parent-child relationship, the petition must be accompanied by an affidavit attesting to the existence of specified conditions. Specifies that notice to an unnamed or unknown putative parent regarding the surrender of a safe haven infant must be published only in Indiana counties. Makes technical corrections.
Establishes certain regulatory testing and packaging requirements for the distribution and sale of craft hemp flower products and specifies penalties applicable to the unlawful possession or distribution of craft hemp flower products. Prohibits the possession of craft hemp flower unless it is being used by a licensee to manufacture a legal hemp product, including a craft hemp flower product. Provides that a food is not considered adulterated for containing low THC hemp extract or craft hemp flower. Provides that craft hemp flower product is not included in the definition of "controlled substance analog", "hashish", "low THC hemp extract", or "marijuana". Prohibits the sale of low THC hemp extract to a person less than 21 years of age, if it contains certain elements. Adds craft hemp flower products to a statute imposing an infraction that applies with regard to persons less than 21 years of age involving the sale, distribution, purchase, and possession of craft hemp flower product. Defines terms. Makes conforming changes. Makes technical corrections.
Provides that if an insurance producer actively participates in a state or national professional insurance organization, the insurance commissioner may apply the insurance producer's participation toward the satisfaction of not more than two hours of the insurance producer's continuing education requirement in every two year licensing period. Prohibits a public adjuster from: (1) filing an insurance claim on behalf of an insured; (2) performing the role of roofing contractor, appraiser, or any other role with respect to the subject of a claim when the public adjuster is providing advice or assistance in the adjustment of the claim; or (3) filing an unfair claim settlement practice complaint unless the person who filed the claim has given written consent for the public adjuster to file the complaint. Requires a public adjuster, before entering into a contract with an insured, to provide a written disclosure concerning any direct or indirect financial interest that the public adjuster has with any other party that is or will be involved in the insured's claim. Requires a public adjuster to provide to an insured a disclosure document containing certain information before the insured enters into a contract with the public adjuster. Provides that a contract between a public adjuster and an insured must be in writing, must contain certain information, and must be prepared on a form filed with and approved by the insurance commissioner. Prohibits the inclusion of certain terms in the contract. Provides that if the insurer, not more than five business days after the date on which the insured's loss is reported to the insurer, either pays or commits in writing to pay to the policy limit of the insured's policy, the public adjuster may not be compensated by receiving a percentage of the total amount paid by the insurer and is entitled only to reasonable compensation for services provided. Allows an insured to void or rescind a contract with a public adjuster. Provides that, with respect to benefits provided by multiple employer welfare arrangements (MEWAs) to a public entity: (1) a policy of stop loss insurance issued by a reinsurer to the MEWA must cover claims submitted within the timely filing limit of the policy and the policy provisions of the stop loss coverage; and (2) the department of insurance may not adopt or enforce any rule that would reduce the timely filing limit specified in the policy and the policy provisions of the stop loss coverage. Requires the Indiana Public Employers' Plan, Inc., before December 31, 2026, to apply to the insurance commissioner for a certificate of authority to transact business as a domestic tax exempt reciprocal insurance company. Amends the anti-rebating law to provide that value-added products or services may be offered or provided for free or at a discounted price by an insurer or an insurance producer: (1) if the products or services: (A) are intended to mitigate or reduce the severity or frequency of loss; or (B) are primarily designed to enhance the health, financial wellness, or safety of persons or of persons' lives, health, or property; or (2) if the products or services: (A) are not offered in a manner that is unfairly discriminatory; and (B) are made available based on documented, objective criteria that are maintained for inspection by the insurance commissioner. Requires that a value-added product or service be accompanied by contact information. Requires an insurer that makes a material change to an insured's personal automobile or homeowner's policy to provide a written notice: (1) explaining the principal factors for the material change; or (2) stating that the insured, upon request, has a right to obtain a written notice explaining the principal factors for the material change. Establishes certain requirements for a notice of material change. Requires the insurance commissioner to adopt rules to implement the notice of material change requirements. Requires an insurer or health maintenance organization (HMO) that provides coverage under an Affordable Care Act Marketplace plan (Marketplace plan) to provide to each individual covered under the Marketplace plan, not earlier than six months and not later than two months before the individual will become 65 years of age, a notice that includes: (1) a statement that the individual may be eligible to enroll in Medicare during the individual's initial enrollment period; (2) a statement that, in most cases, someone covered by a Marketplace plan will want to end their Marketplace plan coverage upon becoming eligible for Medicare; and (3) detailed instructions for canceling the individual's Marketplace plan. Provides that the plan sponsor of a health benefit plan may, on behalf of all covered individuals, provide consent: (1) to all communications related to the health benefit plan being sent to covered individuals by electronic means; and (2) to the electronic delivery of health insurance identification cards. Repeals the current mutual insurance holding company law (IC 27-14) and replaces it with a new mutual holding company law (IC 27-14.5). Requires the insurance commissioner to conduct an examination of an HMO domiciled in Indiana at least once every five years (instead of once every three years) and provides that an examination of the quality management program of an HMO must be conducted at least once every five years (instead of once every three years). Amends the health benefit exchange law to provide that an individual who continues to pay premiums for a policy or contract offered by a qualified health plan issuer in a benefit year that follows the benefit year in which the individual purchased the original policy or contract is considered to have purchased a new policy or contract for the purposes of the federal regulation providing that Medicare entitlement or enrollment is not a basis to nonrenew an individual's health insurance coverage in the individual market under the same policy or contract of insurance.
Provides that, beginning with the cohort of students who are expected to graduate from a public school, a charter school, or a state accredited nonpublic school in 2028, an individual must successfully complete a personal financial responsibility course (course) before the individual may graduate. Creates requirements for content that must be covered in a course. Provides that a public school, a charter school, or a state accredited nonpublic school must offer instruction on a course as a separate subject. Provides that the state board may allow a course to satisfy one or more diploma course requirements.
Makes certain changes to the nonprofit organization sales tax exemption threshold after which nonprofit organizations are required to collect state sales tax. Authorizes a county to impose a local income tax (LIT) rate for county staff expenses of the state judicial system in the county. Provides that the expenses paid from the LIT revenue may not comprise more than 50% of the county's total budgeted operational staffing expenses related to the state judicial system in any given year. Requires certain reporting requirements related to the use of the LIT revenue. Specifies a three business day grace period following the postmark date of a document during which the department of state revenue will consider the document received to be timely filed for purposes of a due date. Makes certain changes to the nonprofit organization sales tax exemption threshold after which nonprofit organizations are required to collect state sales tax.
Authorizes funds from the: (1) Indiana secured school fund; and (2) school corporation and charter school safety advance program; to be used for the purpose of providing specialized firearms instruction to certain teachers, school staff, and school employees, and for providing counseling services to students, teachers, school staff, and school employees in the event of a school shooting. Creates a specialized firearms safety, education, and training curriculum (curriculum) for teachers, school staff, and school employees. Specifies curriculum requirements. Requires a charter school, accredited nonpublic school, or school corporation to ensure that a teacher, school staff member, or school employee who receives training funded by a grant from the Indiana secured school fund complies with certain requirements. Provides that the identity of any person who: (1) enrolls in; (2) participates in; or (3) completes; the curriculum is confidential. Requires the department of education, in collaboration with the state police department, to identify a set of best practices and develop a set of educational materials concerning the safe possession and storage of a firearm in a home with a child. Provides that the department of education shall provide the best practices and educational materials to certain schools for annual distribution to parents of students. Provides that a public school or a state accredited nonpublic school may not conduct a training or drill for an employee of the school that includes, as any part of the training or drill, the expelling of any type of projectile at the employee unless: (1) the school informs the employee of the use of projectiles in the training or drill; and (2) the employee provides written consent. Provides that certain schools may not conduct or approve a training or drill for a student of the school that includes, as any part of the training or drill, the expelling of any type of projectile at a student. Provides that the prohibition on the possession of a firearm in or on school property or on a school bus does not apply to certain qualified law enforcement officers and qualified retired law enforcement officers. Makes conforming and technical amendments.
