Sen. Lonnie Randolph

Establishes the: (1) student learning recovery grant program; and (2) student learning recovery grant program fund (fund). Provides that, to be eligible to receive a grant, an eligible entity must develop and submit a student learning acceleration plan (plan). Establishes requirements for a plan and certain information reporting requirements for those eligible entities that are awarded a grant. Requires, before November 1, 2021, and November 1, 2022, the department of education to prepare and submit a report to the interim committee on education. Appropriates to the fund from the state general fund for the purposes of the program $150,000,000 for the 2021 state fiscal year.

Provides that, in an adjudicative administrative proceeding concerning an agency action, the administrative law judge shall order the agency to pay the reasonable attorney's fees incurred, if the party challenging the agency action proves, by a preponderance of the evidence, that: (1) the agency's action was frivolous or groundless; or (2) the agency pursued the action in bad faith. Make a conforming change to the determination of adjusted gross income for purposes of the state income tax deduction for unemployment compensation. Exempts certain hospitals from the nonprofit hospital public forum requirement. Specifies that an advance health care directive must be signed in the presence (but not the "direct physical presence") of two witnesses. Provides that local floodplain administrators in counties having a population of more than 140,000 but less than 150,000 may issue a variance approving a structure located in a floodway without a permit issued by the director of the department if: (1) the structure is not used as an abode or residence; (2) the structure is constructed after January 1, 2018, but not later than July 1, 2020; and (3) the lowest floor of the structure is not more than 0.15 of a foot below two feet above the 100 year flood elevation. Resolves conflicts.

Provides that certified level two assessor-appraisers and certified level three assessor-appraisers may serve as tax representatives under certain circumstances. Provides that a taxpayer may submit a written complaint to the department of local government finance if the taxpayer has reason to believe the assessing official failed to adhere to Uniform Standards of Professional Appraisal Practice or does not have the necessary competency to perform the assessment. Provides that notice of a taxpayer's right to submit a written complaint must be included on the taxpayer's notice of assessment or reassessment.

Provides that a qualifying farmer may apply to a designating body to have an area designated as an urban agricultural zone. Provides that the term "urban agricultural zone" does not include rooftop gardening or farming practices that occur on the top of a building or residential home. Provides that a designating body, before designating an area as an urban agricultural zone, must hold a public hearing and allow for public comment. Provides that a designating body may exempt lands located partially or wholly within an urban agricultural zone from property taxation. Specifies that a designating body may not impose a special benefit tax for public services provided to an urban agricultural zone, unless the designating body imposed the special benefit tax before it designated the area as an urban agricultural zone.

Eliminates the general restriction on the authority of a county, city, town, or township concerning regulation of landlord-tenant relationship matters not specifically described by state statute. Prohibits the waiver of laws regarding retaliatory acts by a landlord.

Revises the definition of "practitioner" in the laws concerning good faith estimates of costs for health care services. Postpones, from July 1, 2021, to January 1, 2022, the effective date of the requirement that a practitioner provide a good faith estimate of the amount the practitioner intends to charge for a health care service. Requires that the communication by a provider facility and a practitioner to a patient about the patient's right to request a good faith estimate be conspicuous and be provided by at least three of eight specified potential means. Provides that the written notice that a practitioner provides to an individual about a scheduled or ordered nonemergency health care service must state that a good faith estimate of cost need not be provided if the service is scheduled to be performed within five business days of the date of the patient's request. Provides that certain written statements must be in "conspicuous" type instead of in type at least as large as 14 point type. Requires a practitioner or facility to provide a written explanation if the charge for a health care service exceeds the practitioner's or facility's good faith estimate by the greater of: (1) $100; or (2) 5%. Revises the content of the written statement that an out of network practitioner providing health care services at an in network facility must give to a covered individual in order to be reimbursed more for the health care services than allowed according to the rate established by the covered individual's network plan. Provides that a practitioner can comply with the requirement to provide a good faith estimate of the amount that the practitioner intends to charge a covered individual by complying with the requirements of the new federal No Surprises Act (Act). Provides that a health carrier may satisfy certain requirements concerning good faith estimates by complying with the Act.

Allows a food hall that: (1) is located in a certified technology park; and (2) is not located in a historic district or historic building; to be eligible for a food hall master permit. Provides that a project that: (1) borders a lake that is at least 750 acres; and (2) is within a municipality; is eligible for a municipal riverfront development project retailer's permit. Allows a person who holds: (1) a restaurant permit in an economic development area; and (2) an interest in a brewery, farm winery, or artisan distillery (production facility) located on or adjacent to the restaurant; to sell alcoholic beverages manufactured at the production facility for carryout in the restaurant's general merchandising area and from a self-serving display. Provides that a minor may: (1) be in the restaurant's general merchandising area; and (2) participate in a nondrinking tour of the production facility, if the minor is accompanied by an adult family member.

Requires the Indiana department of transportation (INDOT) to create a broadband corridor program (dig once program) to manage the location, installation, and maintenance of communications infrastructure that is used for the provision of broadband services and is located within the rights-of-way of limited access highways. Requires INDOT to adopt policies, procedures, and standards under the dig once program for required installation of fiber conduit by a public or private entity that performs an excavation within a limited access highway right-of-way.

Provides that if the governor declares a state of disaster emergency, the department of child services (department) may: (1) allow older youth who are receiving collaborative care services at the time of the declaration to continue to receive collaborative care services for the duration of the state of disaster emergency; and (2) modify or suspend enforcement of a statute or rule specifying a time within which a foster parent must provide for a child to be examined by a physician, physician assistant, or advanced practice registered nurse after the child's placement in the foster parent's home.

Amends the definition of the term "manufacturer" to exclude off-road vehicle manufacturers. Amends the term "transport operator" to remove Indiana dealers. Adds transport operators to the term "dealer owner". Defines the term "watercraft dealer". Provides that certain restrictions of use and the required displays of license plates do not apply to tractors, dump trucks, trucks with a rear-mounted forklift, or trucks with a mechanism to carry a rear-mounted forklift or implement. Provides the manner in which transport operators are to replace license plates or registration cards. Reorganizes and amends the transport operator license plate statutes. Provides that the motor vehicle sales advisory board shall be made up of at least six but not more than 11 persons appointed by the governor upon the recommendation of the secretary of state. Establishes that the majority of the current members of the motor vehicle sales advisory board constitutes a quorum for doing business. Provides that offsite sales do not include: (1) manufactured homes within manufactured home communities; (2) manufactured homes already located within manufactured home communities or to be installed in a manufactured home community; and (3) sales made by a dealer that owns and operates a manufactured home community. Establishes that a franchisor is not considered to be competing unfairly or in violation of the law if operating: (1) a business for less than two years; (2) in a bona fide retail operation that is for sale to any qualified independent person at a fair and reasonable price; or (3) in a bona fide relationship in which an independent person has made a significant investment subject to loss in the business operation and can reasonably expect to acquire majority ownership or managerial control of the business on reasonable terms and conditions. Provides that the secretary of state may condition or limit a dealer license, transport operator, or endorsement application if it is in the best interest of the public. Establishes certain requirements for transport operators. Provides that a dealer that is injured by an unfair practice may file a request for declaratory judgment. Makes certain changes to the expiration dates for dealer license plates. Provides that dealers may deliver a motor vehicle to a location other than the dealer's licensed location under certain conditions.