Sen. Lonnie Randolph

Provides that a township or a county may assume maintenance of a cemetery for which it would otherwise not be responsible. Requires a property owner that has a cemetery located on the owner's property to make a reasonable effort to maintain the cemetery. Provides that a township or county that assumes responsibility for maintaining a cemetery may seek reimbursement from the property owner for the cost of maintenance. Provides that a property owner commits a Class C infraction if the property owner fails to maintain the cemetery after the township or county provides two written notices.

Requires each person or entity having authority over a school building to test the drinking water in the school building before January 1, 2023, to determine whether the drinking water equals or exceeds the action level for lead of 15 parts per billion. Provides that the testing requirement is satisfied if the drinking water of a school building: (1) was tested during the lead sampling program for school buildings conducted by the Indiana finance authority (IFA) in 2017 and 2018; (2) is tested in the lead sampling program conducted by the IFA in 2019 and 2020; or has otherwise been tested for compliance with the federal drinking water standards at least once since 2016. Requires that drinking water in school buildings located in Lake County be tested at least once in each period of two calendar years beginning in 2023. Provides that if a test of the drinking water of a school building indicates the presence of lead in the water equal to or greater than 15 parts per billion, the person or entity having authority over the school building is required to take action to reduce the lead levels in the drinking water to less than 15 parts per billion. Provides that the person or entity having authority over a school building that is subject to drinking water testing is required to seek state and federal money that is available for lead sampling or testing.

Removes the requirement that a school corporation's annual performance evaluation plan must be based, in part, on objective measures of student achievement. Authorizes the state board of education to adopt emergency rules. Makes conforming amendments. Makes technical corrections.

Provides that, in unemployment appeals, the proceedings before an administrative law judge are de novo. Provides that an administrative law judge, review board member, or other individual who adjudicates claims can consider as evidence and include in the record those records of the department of workforce development (department) that are material to the issues being considered in the hearing if the records are made available to the interested parties prior to the hearing through (1) the United States mail or (2) the department's electronic portal. Removes the provision that provides that the department shall define the term "effort to secure full-time work". Provides that an individual has made an effort to secure full-time work with respect to any week in which the individual has completed certain activities directed by the department and affirmed that the individual has made an effort to secure full-time work. Requires the department, not later than December 31, 2021, to adopt rules to define (1) the acceptable types of work search activities, (2) the number of work search activities required to be completed in any week, (3) the requirements for producing documentation, and (4) the requirement to apply to, and accept if offered, suitable jobs referred by the department. Provides that 646 IAC 5-9-3 is void and directs the publisher of the Indiana Administrative Code and the Indiana Register to remove the section from the Indiana Administrative Code.

Provides that a full-time, paid, nonprobationary firefighter has certain minimum protections in addition to any protections provided by contract or other law with regard to the following: (1) The conduct of an interview of the firefighter by the fire department (department) regarding a complaint or internal investigation. (2) The giving of notice by the department to the firefighter of a personnel reassignment, personnel action, or disciplinary action. (3) The disclosure of the firefighter's personal financial information for purposes of a personnel assignment or action. (4) The firefighter's engagement in or refusal to engage in political activity. (Currently these statutes apply only to police officers and police departments.) Repeals a provision that makes the provisions applicable only to police officers.

Requires the state employee health plan, Medicaid, policies of accident and sickness insurance, and health maintenance organization contracts that provide coverage for emergency medical services to reimburse for emergency medical services that are: (1) rendered by an emergency medical services provider organization; (2) within the emergency medical services provider organization's scope of practice; (3) performed or provided as advanced life support services; and (4) performed or provided during a response initiated through the 911 system.

Provides that the state board of education (state board) shall determine the timing, frequency, and method of certain teacher training requirements, including whether the training should be required for purposes of obtaining or renewing a license or as part of the completion requirements for a teacher preparation program. Provides that the following apply to nonpublic schools accredited by a national or regional accrediting agency recognized by the state board: (1) Indiana secured school fund provisions. (2) Certain sale of school building provisions. (3) Certain textbook assistance provisions. Changes a provision concerning waivers from postsecondary readiness competency requirements that references "nonaccredited nonpublic school" to "nonaccredited nonpublic school that has less than one employee". Provides that the state board and the governing body of a school corporation or nonpublic school may not enter into, renew, or otherwise extend a contract to establish a freeway school after June 30, 2020. Provides that provisions relating to the establishment and administration of freeway schools expire July 1, 2025. Establishes new requirements to accredit a public or private school in Indiana. Provides that the state board may grant an application by a school or group of schools that requests to waive compliance with certain statutes or rules. Requires the state board to annually prepare a report that includes certain information regarding compliance waiver requests and provide the report to the general assembly. Provides that a school corporation may publish in a local newspaper a summary of the annual performance report with a description of how to find and view the full annual performance report on the Internet in lieu of publishing the whole annual performance report. Provides that a school corporation may publish in a local newspaper a summary of the annual financial report with a description of how to find and view the full annual financial report on the Internet in lieu of publishing the whole annual financial report. Repeals a provision that requires the state board to implement a system of recognizing certain education programs of nonpublic schools. Repeals: (1) a provision relating to performance based school accreditation; (2) a provision pertaining to school improvement plans; and (3) a provision pertaining to the recognition of educational programs of nonpublic schools. Makes conforming amendments and technical corrections.

Requires, by July 1, 2020, the office of the secretary of family and social services to amend the state Medicaid plan to include certain reimbursements and implementation of supervision by specified providers of patient's plan of treatment for outpatient mental health or substance abuse treatment services. Requires an insurer that issues a policy of accident and sickness insurance or a health maintenance organization contract that provides coverage of services for treatment of a mental illness or substance abuse to annually submit a report and analysis to the department of insurance (department) that includes certain information demonstrating its compliance with federal laws regarding parity in coverage of services for treatment of a mental illness or substance abuse and coverage of services for treatment of other medical or surgical conditions, including the processes used: (1) to develop medical necessity criteria for coverage of services; and (2) to develop and apply nonquantitative treatment limitations. Extends a prohibition concerning risk based managed care programs and capitated managed care programs from June 30, 2020, to June 30, 2021.

Defines: (1) "used motor vehicle"; (2) "used motor vehicle dealer"; and (3) "new motor vehicle dealer". Amends the following definitions: (1) "Automotive salvage recycler". (2) "Manufacturer". (3) "Motor vehicle". (4) "Dealer". (5) "Dealer owner". (6) "Transfer dealer". Repeals the definition of "record". Makes conforming changes to include references to "used motor vehicle dealer" and "new motor vehicle dealer" throughout IC 9-32. Provides that the secretary of state may extend: (1) dealer and dealer designee license plate expiration dates; and (2) dealer license expiration dates; in the event of a natural disaster or other emergency. Amends provisions concerning: (1) dealer license plate restrictions; (2) interim dealer or manufacturer license plates; (3) records; (4) offsite sales permits; (5) records of sale; (6) business records; (7) background checks; and (8) notifications of dealer owners and dealer managers. Repeals provisions about evidence of liability coverage. Removes the requirement that an application for a dealer license be signed by a dealer owner or dealer manager. Provides that the requirement to send in a franchise agreement for new motor vehicles or watercraft does not apply to manufactured homes. Specifies that a motor vehicle display is not an offsite sale. Provides that, after receiving a request from a person subject to an order issued by the secretary of state, the secretary of state must issue an order within 15 days of setting a hearing date. Establishes registration requirements for transport operators through the secretary of state. (Current law provides that transport operators register with the bureau of motor vehicles.) Provides that an out-of-state dealer licensed in a state other than Indiana and approved by the BMV may perform a vehicle inspection for purposes of issuing a certificate of title. Provides that an application for a certificate of title submitted only to remove a satisfied lien is not required to be accompanied by the previously issued certificate of title if the application is accompanied with certain documents. Provides that a security agreement is perfected when: (1) the record of the lien is electronically received by the BMV; or (2) the application for certificate of title is submitted to the BMV; as applicable. Provides that certain sections related to mobile credentials have an effective date of July 1, 2020. Provides that, except in certain instances, the secretary of state may only perform an audit or inspection when the secretary has provided at least three days notice to the dealer. Provides that a person may not knowingly or intentionally manufacture, import, install, reinstall, distribute, sell, or offer for sale a component intended to replace a supplemental restraint system component in a motor vehicle if the component: (1) is a counterfeit supplemental restraint system component; (2) is a nonfunctional airbag; or (3) does not comply with certain federal motor vehicle safety standards. Provides that a person may not knowingly or intentionally sell, lease, trade, or transfer a motor vehicle to an Indiana resident in which is installed, as part of the motor vehicle's supplemental restraint system a: (1) counterfeit supplemental restraint system component; (2) nonfunctional airbag; or (3) component that does not comply with certain federal motor vehicle safety standards. Delays until July 1, 2021, the effective date of certain automotive salvage recycler provisions from HEA 1482-2019 (P.L.284-2019).

Provides that: (1) licensed clinical social workers; (2) licensed mental health counselors; (3) licensed marriage and family therapists; and (4) licensed clinical addiction counselors; who have at least two years of experience in addiction treatment or hold an addiction credential are eligible supervisors for addiction based intensive outpatient treatments under Medicaid. Defines a community mental health center as a governmental unit for purposes of the required nonfederal share of medical assistance payments under Medicaid. Provides that a provider in an intensive outpatient treatment program is not required to be a licensed addictive counselor or clinical addiction counselor if specified conditions are met. Specifies that a recovery audit does not require documentation at the time of service for services provided in certain instances. Allows a supervising provider in a community mental health center to review documentation concerning: (1) a plan of treatment; or (2) specific treatment methods; not later than 30 days from the date of service. Sets forth requirements to demonstrate active treatment in developing a plan of treatment. Requires the division to provide best practice recommendations and to work with community mental health centers in a collaborative manner. Provides that documentation that is developed as part of an incident or death audit is confidential. Allows the division of mental health and addiction to grant a waiver of staffing requirements for community mental health center applicants. Provides that a licensed prescriber with prescriptive authority shall be counted when determining whether a community mental health center applicant meets certain staffing requirements for community mental health center certification. Requires a licensed clinical addiction counselor to be counted for certain staffing requirements of community mental health centers. Requires the division to develop a comprehensive appeals process under the mental health and addiction forensic treatment program not later than January 1, 2021. Provides advanced practice nurses with all of the supervisory rights and responsibilities of: (1) licensed physicians; and (2) health service provider in psychology (HSPP) psychologists; in certain instances if specified requirements are met.