Sen. Jim Buck

Provides that 15 of the professional growth experience points required to renew a practitioner license or accomplished practitioner license may be obtained through one or more of certain professional development experiences. (Current law provides that 15 of the professional growth experience points required to renew a practitioner license or an accomplished practitioner license must be obtained through one or more of certain professional development experiences.) Amends the list of professional development experiences.

Requires a school corporation, charter school, or accredited nonpublic school to certify to the department of homeland security that the school corporation, charter school, or accredited nonpublic school has a memorandum of understanding in place with a community mental health center or provider certified or licensed by the state to provide mental and behavioral health services to students before applying for a grant from the Indiana secured school fund. Provides that the community mental health center or provider may be employed by the school corporation, charter school, or accredited nonpublic school. Requires a school corporation and a charter school to enter into a memorandum of understanding with a community mental health center or provider certified or licensed by the state to provide mental and behavioral health services to students. Requires the division of mental health and addiction to develop a memorandum of understanding for referral and assist school corporations and charter schools in obtaining a memorandum of understanding with a community mental health center or an appropriate provider. Requires each school corporation and charter school that enters into a memorandum of understanding with a community mental health center or appropriate provider to comply with certain confidentiality and referral requirements.

Requires a conveyance, a mortgage, or an instrument of writing to be recorded to be: (1) acknowledged by the grantor; and (2) proven before certain specified individuals; in certain instances. Requires the summons accompanying a complaint for condemnation to include language regarding the defendant's right to object to the condemnation within 30 days from the date notice is served. Requires a court to award reasonable costs and attorney's fees to a defendant whose objection to a complaint for condemnation is sustained. Caps the amount of attorney's fees a court may award if an objection to a condemnation is sustained at $25,000. Exempts a condemnation action brought by a public utility or by a pipeline company from the bill's provisions requiring a court to award a defendant in a condemnation action the defendant's reasonable costs and attorney's fees if the defendant's objections to the proceedings are sustained in the proceedings or upon appeal. Requires a municipality to provide notice by mail to affected owners, both residents and nonresidents of the municipality, of a condemnation. Permits an affected owner to file an objection that a municipality does not have the right to exercise the power of eminent domain for the use sought. Amends the time for a remonstrance hearing for a municipal condemnation and the defendant's right to judicial review of the decision made at the hearing to 30 days. (Current law requires a remonstrance hearing to be set no less than 10 days after notice and the defendant to appeal the decision within 20 days.) Provides parties the right to appeal a court's judgment in the judicial review of a municipal condemnation. Revises the statute allowing a municipality to condemn property for economic development to require a 3/4 affirmative vote of the municipality's legislative body to exercise the power of eminent domain. (Current law requires a 2/3 affirmative vote of the municipality's legislative body.) Allows a property owner to challenge a condemnation for economic development purposes by providing clear and convincing evidence that the owner's parcel is not necessary for the project.

Provides that a political subdivision may lease real property of the political subdivision that is located between the curb of a street and the front of commercial property, including a parkway strip, tree row, verge, or sidewalk, to the owner or property manager of the commercial property: (1) upon terms agreed to between the political subdivision and the property owner or property manager; and (2) without competitive bidding. Specifies requirements for the lease. Provides that upon execution of the lease, the property of the political subdivision shall be under the maintenance, control, and supervision of the property owner or the property manager, subject to the public's right to use the sidewalk as a walkway. Requires the lessee to: (1) assume the liability of the political subdivision for personal injuries and property damage to third parties occurring on the property; and (2) maintain insurance coverage in amount determined sufficient by the political subdivision. Requires the lease to be approved by at least a two-thirds vote of the members of the fiscal body of the political subdivision and recorded in the office of the county recorder.

Amends the access to public records act to provide that personal information regarding a correctional officer, probation officer, community corrections officer, law enforcement officer, judge, crime victim, or their family members may be withheld from disclosure when requested by a person confined in a prison, county jail, detention facility, or in a community corrections program as a result of the person's arrest or conviction for a crime, or that person's agent or relative. (Currently the law permits withholding personal information of officers, judges, victims, or their family members, if the information is requested by a person incarcerated in a penal institution after conviction for a crime.) Provides that the term "agent" does not include an attorney in good standing admitted to the practice of law in Indiana.

Allows a person who: (1) is the spouse of an active duty member of the armed forces assigned to Indiana; (2) affirms certain information concerning the person's licensure in the other state; (3) submits verification that the person is licensed in a regulated occupation in at least one other state; (4) has passed a national criminal background check; and (5) submits an application and pays any application fee; to be issued a provisional license for the regulated occupation at the same practice level allowed by the license held by the person in the other state. Provides that provisional licensing does not apply to a license that is established or recognized through an interstate compact, a reciprocity agreement, or a comity agreement that is established by a board or by law. Establishes penalties for submission of false information for purposes of obtaining a provisional license.

Provides that an otherwise barred offense may be commenced not later than five years from the earlier of the date on which: (1) the state first discovers DNA evidence sufficient to charge the offender; (2) the state first becomes aware of a recording that provides evidence sufficient to charge the offender; or (3) a person confesses to the offense. Permits the alleged victim of certain child sex crimes to apply for victim compensation not later than five years after: (1) the state first discovers DNA evidence sufficient to charge the offender; (2) the state first becomes aware of a recording that provides evidence sufficient to charge the offender; or (3) a person confesses to the offense.

Provides that the board of the northwest Indiana regional development authority (NWIRDA) may establish any nonprofit entity to carry out and further the purposes, plans, and goals of the NWIRDA with regard to projects located within a transit development district. Authorizes the nonprofit entity to use money it receives only for projects that are located within a transit development district and to further any part of the comprehensive strategic plan of the development authority that relates to transit development districts. Specifies that the nonprofit entity is a governmental body required to provide its current audited financial statements to the development authority. Adds similar provisions to allow the north central Indiana regional development authority to establish a nonprofit entity to carry out and further the purposes, plans, and goals of that development authority with regard to projects located within a transit development district established by the NWIRDA. Requires the redevelopment commission for each county that is a member of the north central Indiana regional development authority to collaborate with the development authority for the purposes of the nonprofit entity. Provides that certain provisions related to electronic communications, executive sessions, and public records apply to a nonprofit entity created by the NWIRDA or a nonprofit entity established by the north central Indiana regional development authority. Provides that the NWIRDA may expend money related to transit development districts or any nonprofit entity created by the NWIRDA to carry out and further the purposes of the NWIRDA with regard to projects located within a transit development district. Provides that the Indiana finance authority (IFA), the NWIRDA, or the northern Indiana commuter transportation district (NICTD) may enter upon land to conduct a survey or investigation for the construction of the following rail projects: (1) The mainline double tracking project. (2) The West Lake corridor project. Provides that the IFA, the NWIRDA, or the NICTD has the same powers and duties as the Indiana department of transportation with regard to the work, including the means of conducting the survey or investigation, provision of notice to occupants of the land, and compensation for damages to land or water incurred in conducting the work. Requires the state budget committee to annually review the amount raised from sources other than taxes and fares for public transportation projects established in certain central Indiana counties. Provides that, in the case of Marion County, if the fiscal body of Marion County does not pay at least 10% of the annual operating expenses of the public transportation project from sources other than taxes and fares, then after December 31 of that year the following apply until the fiscal body of Marion County pays the amount, as determined following the annual state budget committee for review: (1) Beginning after June 30, 2020, the treasurer of state shall withhold 10% from the amount of the certified distribution attributable to the additional tax local income tax rate imposed in Marion County for the public transportation project. (2) Money in Marion County's public transportation project fund may be used only for certain purposes.

Combines the volunteer advocates for seniors program and the volunteer advocates for incapacitated adults programs into one program. Requires that, in submitting a progress report to the court, a volunteer advocate for seniors and incapacitated adults shall include a person centered care plan in the progress report.

Requires a pharmacy benefit manager to obtain a license issued by the department of insurance and sets forth requirements of the pharmacy benefit manager. Provides for the commissioner of the department of insurance to adopt rules to specify licensure, financial standards, and reporting requirements that apply to a pharmacy benefit manager. Sets forth requirements and prohibitions of a pharmacy benefit manager. Allows a party that has contracted with a pharmacy benefit manager to request an audit of compliance at least one time per year. Makes violations of the chapter concerning pharmacy benefit managers an unfair or deceptive act or practice in the business of insurance. Allows a pharmacy benefit manager to obtain the license not later than December 31, 2020, in order to do business in Indiana and provide services for any health provider contract beginning January 1, 2021. (The introduced version of this bill was prepared by the interim study committee on public health, behavioral health, and human services.)