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.
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.
Prohibits a party to a personal injury or wrongful death case from presenting certain evidence concerning the recovery of noneconomic damages.
Requires the office of judicial administration to compile, transmit, and publish the public safety and judicial accountability report containing certain information about judicial officers who exercise criminal jurisdiction.
Specifies the requirements and the real property improvements considered when determining whether property is a dwelling or a homestead for purposes of the standard property tax deduction law. Removes additional definitions of "homestead" from the statute. Specifies that for purposes of the circuit breaker law "nonresidential real property" refers to real property that is not: (1) a homestead; (2) residential property; (3) long term care property; or (4) agricultural land. Provides that, for assessment dates after December 31, 2023, "residential property" includes any other land, building, or residential yard structure, including a deck, patio, gazebo, or pool that is not attached to a dwelling that: (1) is not part of a homestead; and (2) is predominantly used for a residential purpose. Makes a conforming change.
Makes the following changes to the definition of "covered person" for purposes of the statutes concerning restricted addresses: (1) Replaces a "victim of domestic violence" with an individual who is an address confidentiality "program participant". (2) Includes any person who resides in the same household as a person considered a "covered person". Urges the legislative council to assign to the appropriate interim study committee the topic of studying certain topics regarding address confidentiality protections.
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.
Repeals the requirement that local floodplain administrators use the "best floodplain mapping data" as provided by the department of natural resources (department) and located on the Indiana Floodplain Information Portal when reviewing an application for a permit to authorize construction in or near a floodplain. Provides that, after June 30, 2023, a county or municipality may not issue a permit for construction activity in or near a floodplain unless the permit applicant is allowed to elect whether the local floodplain administrator will use: (1) the department's "best floodplain mapping data"; or (2) an engineering study provided by the permit applicant; in reviewing the permit application. Prohibits a local floodplain administrator from issuing a permit authorizing a structure or construction activity in or near a floodplain if the issuance of the permit will violate National Flood Insurance Program requirements. Provides that, after June 30, 2025, an individual may not serve as the floodplain administrator of a county or municipality unless the individual has successfully completed: (1) the Certified Floodplain Manager program of the Association of State Floodplain Managers; or (2) another course or training program for local floodplain managers that is approved by the Federal Emergency Management Agency or the department. Provides that a person that has: (1) an ownership interest; (2) a leasehold interest; or (3) a security interest; in a parcel of real property may at any time request a review by the department of the department's "best floodplain mapping data" that applies to the parcel of real property. Requires the department to conduct the review at no cost to the person requesting the review and to use a detailed hydrologic modeling method in conducting the review. Provides that: (1) if the person requesting the review has applied to a local floodplain administrator for a permit authorizing the construction of a structure or other construction activity on the parcel of real property; and (2) the department does not complete the review within 120 days after the review was requested; the person may elect whether the local floodplain administrator, in reviewing the person's permit application, will use the department's "best floodplain mapping data" or an engineering study provided by the person. Provides that, in the disclosure form that is adopted by the Indiana real estate commission and that must be submitted to a prospective buyer of real estate before the prospective buyer's offer is accepted, the owner of real estate must disclose the fact that all or a portion of the owner's real estate is located within a community's floodplain boundaries, as indicated in a Federal Emergency Management Agency Flood Insurance Rate Map, if the owner has personal knowledge of that fact.
Repeals teacher training requirements regarding: (1) criminal gang organizations awareness; (2) certain information concerning homeless students; and (3) recognizing the signs and symptoms of seizures and the appropriate steps to be taken to respond to the symptoms; and requires that information concerning these subjects be included within the curriculum of teacher preparation programs. Provides that the department of education (department) may establish or license for use an online platform to provide information and training concerning these and other subjects. Removes certain requirements regarding annual performance evaluation plans for certificated employees, including: (1) certain content requirements; and (2) certain requirements that a plan be discussed. Amends requirements to be considered a probationary teacher and professional teacher. Provides that, after a school corporation has assigned an evaluator to perform a certificated employee's evaluation, the certificated employee may request the school corporation to assign another evaluator. Urges the legislative council to assign to an appropriate interim study committee the task of studying current school assessments in an effort to reduce and streamline assessments for Indiana students. Removes a provision that requires a school employer to discuss certain items with the exclusive representative of certificated employees and provides that a school employer may discuss: (1) with a certificated employee or group of certificated employees; or (2) at one or more meetings that are open to all certificated employees; any topic that significantly impacts a certificated employee's working conditions or impacts the educational quality of the school employer's students. Repeals provisions concerning: (1) requirements regarding the adoption of model evaluation plans and an approval process for the plans; (2) the obligation to discuss certain items not requiring either party to enter into a contract, agree to a proposal, or make a concession; and (3) the definition of "discuss" for purposes of the collective bargaining provisions.
