A CONCURRENT RESOLUTION honoring the late Governor Joe Kernan and urging the Indiana Department of Administration to place a memorial bust of Governor Kernan within the State Capitol.
Amends the: (1) definition of "eligible student" for purposes of eligibility under the Indiana education scholarship account program (program); (2) definition of "qualified expenses" under the program to include additional items, including computer hardware or other technological devices, and remove certain in-person requirements; (3) grant amount that an eligible student may receive under the program; and (4) date by which a parent or emancipated student must open an education scholarship account to participate in the program. Provides that the treasurer of state shall accept applications July 1 through June 30 of each year for the immediately following school year. (Current law requires applications to be submitted for an eligible student not later than September 1 for the immediately following school year.) Establishes requirements regarding using grants under the program for computer hardware or other technological devices. Provides that at least 50% of the total number of grants awarded each school year must be awarded to students with a disability who require special education and for whom an individualized education program, service plan, or choice special education plan has been developed.
Provides that a law enforcement agency or private university police department shall, upon request of a school corporation, charter school, or nonpublic school, make available to the school corporation, charter school, or nonpublic school certain investigatory records regarding a person who is enrolled in the school corporation, charter school, or nonpublic school for the purpose of enhancing the safety or security of a student or school facility. Provides that if: (1) a child is adjudicated delinquent for an act that would be one of a specified list of offenses if committed by an adult (adult offense); and (2) the department of correction is awarded guardianship of the child; the department of correction shall, not later than 10 days before the child is paroled or discharged, provide notice of the child's parole or discharge to the administrator of the school or school district in which the child was most recently enrolled. Provides that a psychiatric crisis center, psychiatric inpatient unit, or psychiatric residential treatment provider shall (rather than may, under current law) disclose a patient's mental health record, without the patient's consent, to a school in which the patient is enrolled. Provides that the school may use the patient's mental health record only for the purposes of: (1) meeting the educational needs of the patient; or (2) ensuring the safety of the school. Provides that: (1) information concerning suspicious activity or potential criminal activity that relates to a child and that is shared between a law enforcement officer and a school corporation or certain other officials may be stored or maintained in a data base only for purposes of ensuring the safety and security of a student or facility of the school corporation; and (2) a school corporation may enter into a memorandum of understanding with a law enforcement agency to share such information. Requires the department of child services to coordinate annual meetings in each Indiana senate district and report specified information to each member of the senate regarding the meeting held in the senator's district. Provides that certain department of child services reports and materials shall be made available to a school official if disclosure is important to the school's development of a plan to: (1) provide a free and appropriate education to the student to whom the report or other material pertains; or (2) ensure the safety, health, or security of school students or employees. Requires the case plan of a child in need of services to: (1) include provisions to enable the child's school to: (A) provide appropriate support to and protect the safety of the child; and (B) protect the safety of the school; and (2) provide for participation in the case planning process by a department of education liaison. Provides that before releasing from custody a child who has been taken into custody for allegedly committing an adult offense, the department of child services shall notify the administrator of the child's school or school district of the child's pending release from custody, and specifies information that must be included in the notice. Provides that a juvenile court shall grant a school access to a requested portion of the juvenile court records of a child who is a student at the school: (1) if the request is made by specified school officials; and (2) under specified circumstances. Provides that a provider of mental health services has a duty to warn of, or take reasonable precautions to provide protection from, a patient's violent behavior, and is not immune from civil liability for failing to provide warning or take reasonable precautions, if the patient: (1) has communicated to the provider an actual threat of physical violence or other means of harm against a reasonably identifiable victim or victims; or (2) evidences conduct or makes statements indicating an imminent danger that the patient will use physical violence or use other means to cause serious personal injury or death to others.
Couples Indiana depreciation provisions with federal depreciation provisions under Section 179 of the Internal Revenue Code.
A SENATE RESOLUTION honoring Indiana's women veterans.
Creates a procedure to establish a community infrastructure improvement district (district). Specifies that the procedure added by the bill allowing for the establishment of a district does not authorize the unit to establish a district that overlaps with an economic improvement district. Requires a petition for the establishment of a district to include a rate and methodology report. Specifies the contents of the report. Specifies the basis upon which benefits accruing to parcels of real property within a district may be apportioned among those parcels. Requires a determination that the aggregate assessments within a district: (1) do not exceed 30% of the projected assessed value of property within the district; or (2) in the case of a district that is established for single family residences, do not exceed 10% of the projected assessed value per single family residence within the district; before a legislative body may adopt an ordinance to establish a district. Requires a community infrastructure improvement board (board) to assist the county treasurer in order to make certain specified determinations and designations regarding annual assessments within a district. Adds specific provisions that apply to the board's issuance of revenue bonds. Sunsets these provisions after five years.
Provides that the gasoline use tax rate during the period beginning on the first day following the enactment into law of the bill and continuing through June 30, 2023, is capped at $0.295 per gallon. Provides, however, that if the gasoline use tax rate as determined under current law for a month is less than $0.295 per gallon, the lesser tax rate shall apply. Provides a temporary sales tax exemption for six monthly billing cycles during which the sale of utilities to residential customers and the sale of intrastate telecommunication services to residential customers are exempt from the state sales tax. Defines "residential customer" for purposes of the exemption. Requires the power subsidiary or person that furnishes or sells the services to provide to each customer on the customer's billing statement a notice that the state sales tax that otherwise would be applied is not applied in accordance with the enactment of the bill. Freezes the gasoline excise tax and the special fuel tax rates beginning on the first day following the enactment into law of the bill and continuing through June 30, 2023, at the rates that were in effect on June 30, 2022. Eliminates the annual index factor during this period. Specifies that beginning July 1, 2023, the tax rates shall be determined as if the rates had not been frozen during the 2023 state fiscal year. Appropriates $17,700,000 from the state general fund to the auditor of state to make transfers to counties, cities, and towns equal to the amount of gasoline excise tax and special fuel tax that each county, city, and town would have otherwise received if the rates had not been frozen during the 2023 state fiscal year. Requires the revenue transferred to the counties, cities, and towns to be used for the purposes for which revenue from those tax rates may be used under applicable law. Appropriates an amount for transfer to the capital reserve account after June 30, 2023, based on a determination by the budget agency of the difference between: (1) $1,000,000,000; and (2) the actual fiscal impact to the state of Indiana in state fiscal year 2023 as a result of the enactment of certain provisions being proposed in Senate Bill 2 and Senate Bill 3. Appropriates $400,000,000 from the state general fund to the budget agency for transfer to the pension stabilization fund for the purposes of the pension stabilization fund.
Requires the plaintiff in a residential eviction action to file a motion to dismiss the action if the case is resolved between the parties at any time before final adjudication, unless the plaintiff is seeking damages. Provides that if, at any time after an eviction action is filed, no action has been taken by the plaintiff to further prosecute the case for a period of at least 180 days, the court shall send to the parties written notice: (1) stating the date of the most recent action taken by the plaintiff in the case; and (2) directing the plaintiff to take action to either: (A) further prosecute the case; or (B) dismiss the case; not later than 10 business days after the date of the notice. Provides that if the plaintiff fails to take any action within the prescribed time: (1) the defendant may petition the court to dismiss the case; or (2) the court on its own motion may dismiss the case. Provides that a residential eviction diversion program may not be offered or operated on a statewide or local basis unless participation in the program is voluntary for all parties. Requires: (1) the Indiana housing and community development authority; and (2) any political subdivision that distributes rental assistance funds made available by the federal government in response to the COVID-19 pandemic; to create a designated landlord application process, in addition to the tenant application process, not later than August 31, 2022. Requires, upon motion of the tenant, the court in which an eviction action is filed to order the clerk of the court and the operator of any state, regional, or local case management system not to disclose or permit disclosure of any records in the case, subject to certain exceptions, if any of the following occur: (1) The action is dismissed. (2) A judgment in favor of the tenant is entered. (3) A judgment against the tenant is later overturned or vacated on appeal. Provides that if: (1) an eviction action, regardless of when it was filed, results in one of the specified outcomes allowing for the nondisclosure of records in the action; and (2) the court does not issue an order prohibiting the disclosure of any records in the action; the tenant in the action may petition the court in which the eviction action was filed to issue an order prohibiting the disclosure of any records in the action in accordance with the bill's provisions. Provides that upon the filing of such a petition, the court may: (1) issue an order prohibiting the disclosure of any records in the action; or (2) set the matter for a hearing. Provides that the petitioner bears the burden of proof in any hearing set by the court. Requires the clerk of court or other court administrator to: (1) track all eviction actions with respect to which a nondisclosure order is issued by the court; and (2) furnish the data compiled in the statutorily required statistical data provided to the office of judicial administration (office), as prescribed by the office. Requires the office to include the data provided by the courts in the Indiana Judicial Report.
Amends the statute governing certificates of public convenience and necessity (certificates) that are issued by the Indiana utility regulatory commission (IURC) for the construction, lease, or purchase of electric generation facilities to require the IURC, in consultation with the department of environmental management (department), to adopt rules concerning the granting of certificates for the construction, purchase, or lease of small modular nuclear reactors: (1) in Indiana for the generation of electricity to be used to furnish public utility service to Indiana customers; or (2) at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011. Requires the IURC to adopt the rules not later than July 1, 2023. Provides that the rules adopted by the IURC must provide that in acting on a public utility's petition for a certificate for one or more small modular nuclear reactors, the IURC shall consider the following: (1) Whether, and to what extent, the one or more small modular nuclear reactors proposed by the public utility will replace a loss of generating capacity in the public utility's portfolio resulting from the retirement or planned retirement of one or more of existing electric generating facilities that: (A) are located in Indiana; and (B) use coal or natural gas as a fuel source. (2) Whether one or more of the small modular nuclear reactors will be located on the same site as or near the facility to be retired and, if so, potential opportunities for the public utility to: (A) make use of any land and existing infrastructure or facilities already owned or under the control of the public utility; or (B) create new employment opportunities for workers who have been, or would be, displaced as a result of the retirement of the existing facility. Provides that the IURC's rules must provide that the IURC may grant a certificate under circumstances and for locations other than these. Sets forth additional requirements for small modular nuclear reactors that must be included in the IURC's rules, including the requirement that the owner or operator of a proposed small modular nuclear reactor must provide evidence of a plan to apply for all licenses or permits to construct or operate the proposed small modular nuclear reactor required by the United States Nuclear Regulatory Commission, the department, or any other relevant state or federal regulatory agency. Amends the statute providing certain financial incentives for energy utilities that invest in clean energy projects by providing that, for purposes of the statute, a "clean energy project" and a "nuclear energy production or generating facility" include a small modular nuclear reactor that is constructed after June 30, 2023: (1) in Indiana for the generation of electricity to be used to furnish public utility service to Indiana customers; or (2) at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011; under the rules adopted by the IURC under the bill. Defines "small modular nuclear reactor" for purposes of the bill's provisions.
Provides that not later than October 1, 2022, the department of administration (department), on behalf of the office of technology (office), shall issue a request for information for purposes of exploring how blockchain technology could be used by a state agency to: (1) achieve greater cost efficiency and cost effectiveness; and (2) improve consumer convenience, experience, data security, and data privacy. Requires the office to compile a report concerning the request for information and submit the report to the legislative council in an electronic format not later than March 31, 2023. Defines "blockchain technology" and "distributed ledger technology". Requires an agency to submit an emergency rule to the attorney general for review and approval before the emergency rule may take effect. Provides that emergency rules may not be effective for a period that exceeds 180 days. Provides that certain emergency rules expire not more than two years after the rule takes effect. Requires an agency adopting an administrative rule to submit an economic impact statement and an explanation of any penalty, fine, or other similar negative impact included in the proposed rule to the publisher of the Indiana Administrative Code (publisher). Requires the publisher to provide a copy of the materials concerning a proposed rule or pending readoption to the members of the appropriate standing committee, the governor, and the office of management and budget. Provides that administrative rules expire on July 1 of the fourth year after the year in which the rule takes effect (instead of January 1 of the seventh year after the year in which the rule takes effect). Requires an agency intending to readopt an administrative rule to provide to the publisher, not later than January 1 of the third year after the year in which the rule most recently took effect: (1) notice of; and (2) information concerning; the pending readoption. Requires that all broadband infrastructure projects that are funded in whole or in part by a grant or loan from the regional economic acceleration and development initiative (READI) fund must satisfy the criteria and requirements as described in the rural broadband program. Makes corresponding changes.
