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.
Sponsored bills
Modifies the definition of "protected person" for purposes of the admission of a statement or videotape of an individual who is less than 14 years of age at the time of the offense but less than 18 years of age at the time of trial. Provides that a person who knowingly or intentionally: (1) pays, or offers or agrees to pay, money or other property; or (2) offers a benefit; for a human trafficking victim with the specific intent to induce or obtain the product or act for which the human trafficking victim was trafficked commits human trafficking, a Level 4 felony. Specifies that consent by the human trafficking victim is not a defense to a prosecution. Requires law enforcement agencies to report human trafficking investigations to the attorney general within 30 days after an investigation begins. Makes a technical correction.
Provides that a surviving spouse or child of a department of homeland security (department) fire investigator is eligible to receive health coverage under the health coverage plan for active employees provided by the employer. Provides that a department fire investigator who is diagnosed with certain health conditions that result in a disability or death is presumed to have incurred the health condition in the line of duty. Provides that the Indiana guard reserve (guard) is comprised of volunteer citizens. Provides that the adjutant general (general) may adopt policies for the guard. Requires the general to establish certain structures, processes, and organizational controls for the guard. Repeals a provision concerning the guard serving outside Indiana. Provides that, if called for voluntary service, the guard must follow the rules and procedures of the Indiana national guard and those set by the general. Amends a provision to specify that the general may obtain insurance for the guard under certain circumstances. Repeals a provision regarding quarterly pay for the guard. Provides that, not later than October 31, 2022, the department, the department of health, the integrated public safety commission, and the statewide 911 board shall submit recommendations regarding: (1) ways the 911 system can increase interoperability to better facilitate an emergency medical services (EMS) response from the closest and most appropriate resource; and (2) the effectiveness of regionalized trauma systems and their impact on patient care; to the executive director of the legislative services agency for distribution to the general assembly. Provides that a department fire investigator who is diagnosed with certain cancers or heart or lung disease that results in a disability is presumed to have incurred the health condition in the line of duty. Establishes the first responder crisis intervention account within the statewide 9-8-8 trust fund for the purpose of awarding grants to public safety agencies that provide first responder emergency services. Provides that the division of mental health and addiction shall administer the account. Provides that a fire department is required to report annually to the department information regarding each emergency response by the fire department. Provides that, in the event the fire department does not report information regarding emergency responses, the department may determine that the fire department is ineligible to receive grants administered by the department. Makes changes to how public safety fees from the retail sale of fireworks are distributed. Provides, after June 30, 2023, that the minimum basic training requirements that a volunteer firefighter must complete before the firefighter may perform emergency response duties do not include interior firefighter operations. Makes changes to various definitions used in relation to the provision of emergency medical services. Provides that the department may (rather than shall, under current law) waive any rule adopted by the emergency medical services commission for a person who provides emergency ambulance service, an emergency medical technician, an advanced emergency medical technician, a paramedic, or an ambulance when operating from a location in an adjoining state. Makes changes to notice requirements for the acquisition and location of a defibrillator. Provides that an individual who holds a license or certification issued by the emergency medical services commission is subject to disciplinary sanctions if the individual fails to notify the department in writing of any misdemeanor or felony criminal conviction, except traffic related misdemeanors other than operating a motor vehicle under the influence of a drug or alcohol, within 90 days after the entry of an order or judgment. Provides that each ambulance service shall participate in a written quality assurance program. Makes changes to the provision relating to data sharing of pre-hospital ambulance reports by the emergency medical services commission or the department. Removes obsolete provisions and makes conforming amendments. Repeals a provision requiring a person who uses a defibrillator to contact the ambulance service provider or the fire department that provides ambulance service for the area as soon as practicable. Provides for the attending physician, or the physician's designee, of a patient needing transportation by ambulance to sign an order that states the level of ambulance service needed for the patient and the condition or diagnosis of the patient that makes the transportation of the patient by ambulance necessary. Amends the law on emergency medical services to make that law apply to nonemergency ambulance services as well as emergency ambulance services. Requires a health plan to fairly negotiate rates and terms with any ambulance service provider willing to become a participating provider with respect to the health plan. Provides that an accident and sickness insurance policy or HMO contract that provides coverage for emergency medical services must also provide reimbursement for: (1) emergency ambulance services; and (2) specialty care transport; provided by an emergency medical services provider organization. Provides that reimbursement provided for basic and advanced life support services through an accident and sickness insurance policy or HMO contract must be provided on an equal basis regardless of whether the services involve transportation of the patient by ambulance.
Provides that redistricting election districts for local and school board offices must occur at certain times. Removes a provision that limited the number of school board members that may reside in the same school board district for the Indianapolis public school board. Changes the entity that establishes the Indianapolis public school districts within the school city from the Indiana state board of education to the board of school commissioners. Removes the discretionary ability of political subdivisions to redistrict election districts at times other than those required by statute. Allows for additional time for redistricting after the 2020 decennial census. Consolidates certain local redistricting statutes in the same location. Changes population parameters to reflect the population count determined under the 2020 decennial census. Repeals obsolete statutes and makes other conforming changes.
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 the dyslexia screening and intervention provisions apply to: (1) qualified districts or qualified high schools; and (2) innovation network schools. Provides that the following may not waive or suspend the dyslexia screening and intervention provisions: (1) A coalition of continuous improvement school districts. (2) State accredited public schools. Adds, for consistency, the dyslexia screening and intervention provisions to the list of statutes that apply to charter schools. (Under current law, the dyslexia screening and intervention requirements already apply to charter schools because of the language in the dyslexia screening and intervention provisions.)
Eliminates and renames divisions and bureaus that have been merged by the department of natural resources (department) due to reorganization that occurred within the department. Establishes the Indiana state park inns authority (authority) as a body corporate and politic for the operation, management, and administration of inns and associated facilities by the department. Allows the authority to purchase service credit (subject to certain conditions) for prior service by an employee of the authority. Eliminates the separate hunting license by including a crossbow and bolt in the licensure for archery equipment permitted to be used. Requires the division of fish and wildlife to meet with representatives of certain organizations concerning certain issues and to submit recommendations to the general assembly. Makes conforming changes.
Requires a governing body of a school corporation or charter school to permit oral public comment on a topic before the governing body takes final action on the topic. Allows the governing body of a state or local public agency to conduct a meeting electronically without any governing body members physically present if a state or local disaster emergency is declared and the following circumstances exist: (1) Meeting in person would present an imminent risk to the health or safety of the governing body and public. (2) In the case of a governing body of a school corporation or charter school, in addition to the presence of the circumstances described in (1), at least one school within the jurisdiction of the school corporation or charter school is closed because of the disaster emergency. Adds a definition of "charter school" for purposes of the open door law that includes a virtual charter school.
Establishes the Marion County crime reduction board (board) as part of the Marion County crime reduction pilot project. Allows the board to approve interoperability agreements between law enforcement agencies to expand the duties and responsibilities of law enforcement agencies operating in downtown Indianapolis. Requires the board to annually report certain information to the legislative council.
Requires the justice reinvestment advisory council to conduct a review of statutes concerning electronic monitoring and home detention and provide a recommendation with regard to electronic monitoring standards to the legislative council in an electronic format not later than December 1, 2022. Establishes standards, including notification time frames, for persons and entities responsible for monitoring individuals required to wear a monitoring device as a condition of probation, parole, pretrial release, or community corrections. Provides immunity for acts or omissions performed in connection with implementing monitoring standards. Provides that a defendant commits escape if: (1) the defendant disables or interferes with the operation of an electronic monitoring device; or (2) the defendant violates certain conditions of home detention (under current law, any violation of a condition of home detention constitutes escape). Makes escape committed by a juvenile status offender a status offense under certain circumstances. Makes conforming amendments.