Sen. Jon Ford

Establishes a procedure for the general assembly to call itself into session at times not specifically scheduled in statute. Provides that: (1) the initial state of disaster emergency may not continue longer than 30 days following the initial date of the declaration; and (2) a state of disaster emergency may not be renewed or extended by the governor without the approval of the general assembly. Provides that if the governor calls a special session, the special session shall be limited only to consideration of the purpose for which the initial state of disaster emergency was declared.

A CONCURRENT RESOLUTION memorializing John Schoffstall.

Makes it a Class C infraction if a person or retail establishment sells or distributes tobacco, an e-liquid, or an electronic cigarette without performing age verification of the purchaser with scanning technology or an automated software system. Provides that a good faith effort to verify the age of a purchaser of e-liquids includes performing age verification with scanning technology or an automated software system.

Provides that the rules of the environmental rules board may not allow coal combustion residuals produced by the burning of coal to generate electric power (CCR) to be disposed of if, after the disposal: (1) any of the CCR or any portion of the disposal structure, landfill, or impoundment in which the CCR would be disposed of would be within a 500 year flood zone; (2) any portion of the CCR would be in contact with ground water during any portion of the year; or (3) there would be potential for migration of the hazardous constituents of the CCR into the uppermost aquifer. Prohibits the department of environmental management from approving a plan for closure of a disposal facility for CCR located at the site where the CCR were generated if: (1) any portion of the disposal structure, landfill, or impoundment at the site is within a 500 year flood zone; (2) any portion of the CCR disposed of at the site would be in contact with ground water during any portion of the year; (3) there has been documented migration of the hazardous constituents of the CCR into the uppermost aquifer at the site; (4) there is potential for migration of the hazardous constituents of the CCR into the uppermost aquifer at the site; or (5) the impoundment that would be used for disposal of the CCR at the site does not have a liner compliant with federal liner design criteria or is structurally unstable. Requires the Indiana utility regulatory commission (IURC) to review an electric utility's plan for closure of its CCR surface impoundment and provides that the IURC must require the utility to provide an assessment of the potential cost of remediating ground water contamination resulting from the surface impoundment. Permits the IURC to allow the utility to recover the costs of closing its surface impoundment if the closure plan is in the public interest and the costs of the plan are not excessive.

Prohibits the department of child services (department), a licensed child placing agency, or a court from considering the following when determining the suitability of a prospective adoptive parent: (1) The eligibility of the prospective adoptive parent to receive adoption assistance payments or an adoption subsidy. (2) The amount of the adoption assistance payments or adoption subsidy for which the prospective adoptive parent qualifies. Requires, with certain exceptions, that the department: (1) enter into an agreement with each adoptive parent of a child with special needs who is eligible for an adoption subsidy to provide an adoption subsidy for the child; and (2) allocate to the adoption assistance account funds necessary to make the adoption subsidy payments. Prohibits the department from terminating an adoption subsidy agreement with an adoptive parent due to a lack of sufficient funds in the adoption assistance account. Provides that the amount of adoption subsidy payments may not be less than an amount equal to 50% of the amount that would be payable by the department for the monthly cost of care of the adopted child in a foster family home at the time that: (1) the adoption subsidy agreement is made; or (2) the subsidy is payable under the terms of the agreement; whichever is greater. Makes conforming changes.

Renames the judicial nominating commission as the commission on judicial nominations and qualifications. Provides that one commission member is selected by attorneys licensed in Indiana, one commission member is appointed by the speaker of the house of representatives, and one commission member is appointed by the president pro tempore of the senate. Requires that, of the three members appointed by the governor, at least one commission member must be an attorney. Prohibits a person who is a lobbyist from serving on the commission. Provides for the governor to fill a vacancy on the supreme court or the court of appeals from nominees recommended by the commission, subject to confirmation by the senate. Provides that a justice of the supreme court or a judge of the court of appeals serves until July 1 of the tenth year after the justice's or judge's appointment is confirmed by the senate or the justice's or judge's retention in office is confirmed by the house of representatives. Provides that if a justice or judge wants to serve a new term, the justice or judge must apply to the house of representatives for retention. Specifies that a judge or justice will be retained, unless: (1) the judge or justice does not apply to the house of representatives for retention; or (2) at least 60% of the members of the house of representatives vote against retention. Amends the provisions concerning impeachment proceedings for a justice or judge. Provides a transition for justices and judges serving at the time of the adoption of these amendments to the constitution. This proposed amendment has not been previously agreed to by a general assembly.

Applies to Congress for a convention under Article V of the United States Constitution to propose amendments to the United States Constitution to provide limits to the number of terms that an individual may serve in the United States House of Representatives and in the United States Senate.

Provides that art therapy services provided to an individual who receives mental health services or to an individual who receives services from a community mental health center are reimbursable under Medicaid. Provides for the licensure of professional art therapists and art therapist associates by the behavioral health and human services licensing board through the professional licensing agency. Establishes qualifications and requirements for a licensed art therapist and licensed art therapist associate.

Specifies that a civil action brought for monetary or injunctive relief due to the discharge of a contaminant in substantial compliance with a permit issued by the United States Environmental Protection Agency (EPA) or the Indiana department of environmental management (IDEM) may be brought only as a nuisance action. Defines "stigma damages" and specifies that in a nuisance action brought in connection with a discharge that substantially complies with an EPA or IDEM permit, the plaintiff: (1) must establish certain damages by clear and convincing evidence; and (2) is not entitled to stigma damages.

Authorizes the following persons to conduct interactive gaming: (1) A licensed owner of a riverboat. (2) An operating agent operating a riverboat in a historic hotel district. (3) A permit holder conducting gambling games at the permit holder's racetrack. Provides for the licensure of persons providing services and equipment for managing and conducting interactive gaming. Specifies requirements for the conduct of interactive gaming. Imposes an adjusted gross receipts tax of 18% on interactive gaming. Provides for revenue sharing to cities and counties in which casinos are operated. Makes an appropriation. Makes conforming and technical changes.