Sen. Kyle Walker

Adds a definition of "mixed beverage". Allows the holder of a wine wholesaler's permit to take certain actions concerning mixed beverages and flavored malt beverages. Provides that a wine wholesaler may possess, transport, sell, and deliver mixed beverages to a person who holds a particular permit. Repeals a provision concerning a wine wholesaler that also holds a liquor permit.

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.

Establishes a direct beer seller's permit that allows a brewer to sell and ship beer directly to a consumer.

Exempts public schools and charter schools from: (1) certain paths to quality program requirements; and (2) certain prekindergarten program eligible provider requirements. Provides that a prekindergarten child care program located in a public school or a charter school is in compliance with certain child care and development fund voucher program requirements if approved by another state regulatory authority. Requires the office of family and social services (office) to request an amendment to include public schools and charter schools in the office's child care and development fund voucher program.

Provides that at least 65% of the funds distributed to a county containing a consolidated city from the motor vehicle highway account (MVHA) shall be used for the construction, reconstruction, and preservation of highways by the county and the consolidated city respectively. (Current law provides that at least 50% of the funds distributed to a county or a municipality from the MVHA is to be used for the construction, reconstruction, and preservation of the county or municipality's highways.) Provides that, for purposes of determining the right of the consolidated city to receive a distribution of money from the MVHA based on population, the population of all the territory of the consolidated city is considered its population. Provides that, beginning in calendar year 2024, the consolidated city must use: (1) the entire amount distributed to the consolidated city from the MVHA that is attributable to the consolidated city's population in Wayne, Pike, and Decatur townships not included in the population of the fire special service district; and (2) an appropriation that is the greater of $8,000,000 or the amount of the distribution from the MVHA that is attributable to the consolidated city's population in Wayne, Pike, and Decatur townships not included in the population of the fire special service district in the previous year; for the construction, reconstruction, and preservation of the consolidated city's local streets and alleys. Requires the Indiana department of transportation (department) to: (1) conduct a study, with advisement from the consolidated city, to determine the asset condition of the consolidated city's former state highways; (2) appear before the interim study committee on roads and transportation during the 2023 legislative interim to provide testimony on the department's findings and observations from the study; and (3) not later than November 1, 2023, report the department's findings and observations to the interim study committee on roads and transportation.

Provides that, subject to certain procedures and requirements, the office of the secretary of family and social services may apply to the United States Department of Health and Human Services: (1) for a Medicaid state plan amendment, a waiver, or an amendment to an existing waiver to require reimbursement for eligible certified community behavioral health clinic services; or (2) to participate in the expansion of a community mental health services demonstration program. Requires the division of mental health and addiction to establish and maintain a help line: (1) to provide confidential emotional support and referrals to certain resources to individuals who call the help line; and (2) that is accessible by calling a toll free telephone number. Establishes the Indiana behavioral health commission (commission) and sets forth the commission's membership. Changes the name of the "9-8-8 crisis hotline center" to "9-8-8 crisis response center". Makes conforming changes.

Provides that beginning July 1, 2023, a primary care physician and an employer may not enter into a noncompete agreement. Provides that beginning July 1, 2023, a physician noncompete agreement is not enforceable if any of the following circumstances occur: (1) The employer terminates the physician's employment without cause. (2) The physician terminates the physician's employment for cause. (3) The physician's employment contract has expired and the physician and employer have fulfilled the obligations of the contract. Specifies a process by which a physician or employer may pursue mediation to determine a reasonable price to purchase a release from a noncompete agreement.

Defines "core public health services" for purposes of public health laws. Adds members to the executive board of the Indiana department of health (state department). Removes a provision allowing the state department to establish branch offices. Provides that the state department may provide services to local health departments. Requires each local board of health to establish a local public health services fund to receive state funding. Provides a method of allocation of state funding to local boards of health, subject to state appropriations. Specifies the percentage of how additional funding may be expended on core public health services. Allows the local health department to enter into contracts or approve grants for core public health services. Allows the state department to issue guidance to local health departments. Requires the state department to make annual local health department reports available to the public. Changes the qualification requirements for a local health officer and requires certain training. Requires the state department to identify state level metrics and county level metrics and requires certain local health departments to report to the state department activities and metrics on the delivery of core public health services. Requires the state department to annually report on the metrics to the budget committee and publish information concerning the metrics on the Internet. Requires that a local health department post a position or contract for the provision or administration of core public health services for at least 30 days. Requires a local health department to provide certain education before administering a vaccine. Requires a multiple county health department to maintain at least one physical office in each represented county. Provides that a new city health department cannot be created after December 31, 2022, but allows current city health departments to continue to operate. Creates the Indiana trauma care commission. Allows a school corporation that cannot obtain an ophthalmologist or optometrist to perform the modified clinical technique vision test to conduct certain specified vision screenings. Requires the school to send to the parent of a student any recommendation for further testing by the vision screener. Allows for standing orders to be used for emergency stock medication in schools. Allows the state health commissioner or designee to issue a statewide standing order, prescription, or protocol for emergency stock medication for schools. Removes the distance requirement for an access practice dentist to provide communication with a dental hygienist. Repeals provisions concerning the Indiana local health department trust account.

Makes changes in various adoption law provisions to provide 15 days (rather than 30 days) to contest certain adoptions. Provides that a confidentiality agreement entered into between a foster parent and the department of child services (department) may not prohibit the foster parent from releasing or disclosing information to a duly elected state government official for whom the information is relevant to the official's responsibility under the law to protect children from child abuse and neglect (elected official). Provides an exception prohibiting release or disclosure of specified information and records regarding a child who is or was in foster care or under the supervision of a juvenile court, or regarding the child's parent, guardian, or custodian. Provides that the department may not: (1) take adverse action against a foster parent's license; or (2) remove a foster child from the home of a foster parent; solely on the basis of the foster parent having spoken to an elected official. Requires the department to provide a licensed foster parent with: (1) an information packet describing the foster parent's rights and the grievance filing process; and (2) a complete copy of the department's policy manual. Provides that the department may not remove a foster child from the home of a foster parent, unlicensed caregiver, or de facto custodian solely on the basis of the foster parent, unlicensed caregiver, or de facto custodian having filed a petition to adopt the child. Allows a child's adoptive parent to request that the department allow the child to have visitation with the child's sibling. Requires the department to provide notice of the department's decision regarding a request for sibling visitation not later than seven business days after the department receives the request. Provides that if: (1) a child is the subject of a petition alleging that the child is a child in need of services; and (2) a parent of the child has been convicted of committing one or more specified offenses against the child; there is a rebuttable presumption that it is in the child's best interests to prohibit the parent from having in-person contact with the child until a dispositional decree is entered or the petition is dismissed. Provides that if a hearing regarding a petition to terminate the parent-child relationship is not held before the statutorily required deadline, the court shall dismiss the petition without prejudice: (1) upon filing of a motion with the court by a party to the proceeding; and (2) absent good cause shown for the failure to hold the hearing before the statutorily required deadline.

Requires the Indiana archives and records administration to: (1) establish procedures to retain an original record, document, plat, paper, or instrument-in-writing in an electronic format; (2) establish a period of time after which an original record, document, plat, paper, or instrument-in-writing may be destroyed; and (3) prepare and submit, not later than November 1, 2023, a report to the general assembly regarding these matters. Amends the duties of the early learning advisory committee. Changes the prekindergarten pilot program to the prekindergarten program and removes the expiration date. Provides that, at least once every five years, the office, in cooperation with the department of education (department), must carry out a longitudinal study regarding students who participate in the prekindergarten program. Amends requirements regarding cardiopulmonary resuscitation (CPR) for child care centers, child care homes, and child care ministries. Requires: (1) each public school to provide information to the department concerning certain physical injuries to employees; and (2) the department to report the information on the department's website. Requires the department to provide certain information to public schools and state accredited nonpublic schools and requires each school to post the information on the school's website home page. Amends innovation network school and participating innovation network charter school provisions regarding: (1) certain agreement requirements and limitations; (2) appeals to the state board of education regarding the failure to follow an agreement renewal process; and (3) negotiating the requirement of specific services. Allows an innovation network team or organizer to enter into an agreement with a school corporation to transfer the ownership of a school corporation facility to the team or organizer and provides that a transfer is not subject to provisions in the law concerning the transfer of vacant school buildings to charter schools. Provides that a school corporation may not require an innovation network team or an organizer to contract for specific goods or services provided by the school corporation or any other entity. Requires information regarding certain possible criminal activity, concluded personnel matter investigations, and matters involving legal expenses be provided to the governing body of a school corporation. Provides that at-risk students who are receiving certain educational services are not included in a public school's four year graduation rate and are included in an eligible school's graduation rate under certain conditions. Amends the definition of "teacher" regarding certain teacher compensation provisions and requires a school corporation to expend at least 62% of the school corporation's state tuition support on teacher compensation. (Current law requires a school corporation to expend at least 45% on full-time teacher salaries.) Requires special education grade 8 through 12 case conference committees to discuss decision making skills and alternatives to appointing a guardian. Requires the department to, subject to appropriation by the general assembly, provide schools the same per pupil exam fee amounts for international baccalaureate and Cambridge International exams as is provided for advanced placement exams. Provides that: (1) any course that meets the requirements of a career and technical education program may be taught virtually by a virtual provider if certain conditions are met; and (2) the virtual course is eligible for a career and technical education grant. Amends the definition of "school scholarship", with regard to scholarship granting organizations. Removes a provision that requires choice scholarship schools to conduct random drawings in a public meeting if applicants for enrollment exceed the number of choice scholarships available to the school. Provides that the state board shall assign to a school or school corporation (including adult high schools) a "null" or "no letter grade" for the 2022-2023 and 2023-2024 school years. Provides that, when developing a proposal for a revised school performance designation, the department shall consider using certain metrics.