A SENATE RESOLUTION to honor Todd M. Duncan for his service and commitment to the skilled trades and SMART (Sheet Metal, Air, Rail, and Transportation) Union.
Permits the use of cannabis by: (1) a person at least 21 years of age; and (2) a person with a serious medical condition as determined by the person's physician. Establishes the adult use cannabis excise tax, and requires a retailer to transfer the tax to the department of state revenue for deposit in the state general fund. Exempts veterans from payment of the sales tax on medical or adult use cannabis. Establishes a cannabis program (program) to permit the cultivation, processing, testing, transportation, and sale of cannabis by holders of a valid permit. Establishes the Indiana cannabis commission (ICC) as a state agency to oversee, implement, and enforce the program, and establishes the ICC advisory committee to review the effectiveness of the program. Requires that permit holders take steps to prevent diversion of cannabis to unauthorized persons. Requires that cannabis and cannabis products be properly labeled, placed in child resistant packaging, and tested by an independent testing laboratory before being made available for purchase. Prohibits packaging cannabis in a manner that is appealing to children. Authorizes research on cannabis in accordance with rules set forth by the ICC. Establishes a procedure for the expungement of a cannabis related conviction if the act constituting the conviction becomes legal. Makes conforming amendments.
Requires the department of workforce development (department) to establish a paid family and medical leave program (program) to provide payments for employees who take family and medical leave. Establishes the family and medical leave fund to be funded with appropriations from the general assembly and payroll contributions. Specifies requirements for the administration of the program. Provides for the department to approve an employer's use of a private plan to meet the program obligations.
Provides that a person having the care of a dependent who recklessly, knowingly, or intentionally fails to secure a loaded firearm in the person's residence or vehicle commits neglect of a dependent, a Level 6 felony, if the dependent uses the firearm to cause bodily injury or death to any person. Enhances the offense to a Level 5 felony in particular instances. Specifies exceptions and defenses. Specifies sign requirements for retail dealers. Defines terms and makes conforming amendments.
Removes provisions related to testing the strength, effectiveness, or purity of a controlled substance in the criminal laws concerning possession of controlled substance paraphernalia.
Reestablishes the licensure of abortion clinics. Changes statutes concerning when an abortion may be performed. Removes the eight week limitation on the use of an abortion inducing drug. Allows, rather than requires, the revocation of a physician's license for the performance of an abortion in violation of the law.
Establishes an additional judicial salaries fee of $115 for cases filed for possessory action between a landlord and a tenant, including an emergency possession action.
Provides that, upon the request of a prospective tenant, a landlord must provide the prospective tenant with a written explanation of the landlord's reasons for denying the tenant's rental application. Requires a landlord to disclose the amount of a rental application fee in a listing advertising a rental unit as available for rent. Provides that a landlord may not charge a tenant a fee, fine, assessment, interest, or any other cost: (1) that is not stated in the rental agreement; or (2) in an amount greater than the amount stated in the rental agreement. Requires a landlord to return any excess amount to a tenant when the amount the tenant pays for a fee is greater than the actual cost to the landlord. Requires a landlord to provide a receipt of the landlord's expense of fees paid by a tenant upon the request of the tenant.
Defines an "interchange fee" as a fee established, charged, or received by a payment card network to compensate an issuer of a debit card or credit card for the issuer's involvement in an electronic payment transaction. Provides that the amount of: (1) certain taxes (covered taxes) collected by; and (2) any gratuity paid to; a merchant in an electronic payment transaction must be excluded from the amount upon which any interchange fee is charged in connection with the electronic payment transaction. Requires a payment card network to do one of the following: (1) At the time of settlement of an electronic payment transaction, deduct from the calculation of any interchange fees to be imposed for the transaction the amount of any: (A) covered tax collected; and (B) gratuity paid; in the electronic payment transaction. (2) Rebate a portion of the interchange fee imposed in the transaction in an amount equal to the amount of the interchange fee attributable to any: (A) covered tax collected; and (B) gratuity paid; in the electronic payment transaction. Provides that the required deduction or rebate must occur at the time of settlement when the merchant is able to capture and transmit tax and gratuity amounts relevant to the electronic payment transaction at the time of the transaction. Provides an exception allowing a payment card network to credit a merchant's settlement account for interchange fees collected on amounts that included covered taxes or gratuities, in cases in which a merchant is not able to capture and transmit tax or gratuity amounts relevant to the electronic payment transaction at the time of the transaction. Provides that a payment card network that violates these provisions: (1) is liable for a civil penalty in an amount not to exceed $1,000 per violation; and (2) shall refund to each merchant affected by the violation the amount of excess interchange fees collected. Provides that a payment card network that alters or manipulates the computation or imposition of an interchange fee for purposes of circumventing or offsetting the bill's requirements commits a deceptive act that is actionable only by the attorney general under the Indiana statute concerning deceptive consumer sales.
Provides that a trial court may not release on bail a defendant if the state proves by clear and convincing evidence that a defendant poses a substantial risk and the proof is evident or the presumption strong. Establishes a procedure for the state to petition the trial court for a determination that a defendant poses a substantial risk. Provides that for an arrestee whose most serious pending charge is a misdemeanor or a Level 6 felony, the arrestee is presumptively entitled to release without money bail or surety. Provides that an arrestee is not presumptively entitled to release without money bail or surety if certain conditions apply.
