Sen. Rodney Pol

Prohibits: (1) a local unit; or (2) a water or wastewater utility; that is not under the jurisdiction of the Indiana utility regulatory commission (IURC) for the approval of rates and charges from charging or collecting from a property owner a capacity related fee or a tap fee either of which is established after June 30, 2022, and that includes contributions in aid of construction. Provides that if a local unit or a utility charges a property owner a capacity related fee or a tap fee that is established after June 30, 2022, and that is based, in whole or in part, on contributions in aid of construction, the property owner is entitled to request to meet with the local unit or the utility to review: (1) the engineering and financial analyses the fee was based on; and (2) if applicable, the ordinance adopting the fee. Requires a local unit or a utility to meet with a property owner for such a review not later than 30 days after receipt of the property owner's request. Provides that if a meeting and review does not result in a satisfactory resolution, the property owner may file with the IURC a petition challenging the fee. Provides that if the IURC determines the capacity related fee or tap fee is based in whole or in part on contributions in aid of construction, the IURC shall: (1) invalidate the fee; or (2) modify the fee to comply with these provisions. Amends the statute that provides an exemption from the requirement to connect to a regional sewer district's sewer system to a property owner whose septic tank soil absorption system was new at the time of installation as follows: (1) Provides that the local health department's designee or a qualified inspector (in addition to the local health department) may approve the property owner's septic tank soil absorption system at the time of installation. (2) Provides that the 10 year exemption is measured from the date of the required written determination of the local health department, the department's designee, or a qualified inspector that the property owner's septic tank soil absorption system is not failing. (Current law provides that the 10 year exemption is measured from the date the new septic tank soil absorption system was installed.) Defines "residential onsite sewage system" as the term is defined by the state department of health (department) in the department's rule concerning residential onsite sewage systems (department's rule). Changes instances of the term "residential septic system" in current law to the term "residential onsite sewage system". Prohibits a local health department from refusing an application for a permit for a residential onsite sewage system solely because the residential onsite sewage system has not been used previously in the jurisdiction of the local health department or is unfamiliar to the local health department, if the residential onsite sewage system has been approved for general use in Indiana by the department's technical review panel. Provides that if the local health department in one jurisdiction has issued a permit for a particular type of residential onsite sewage system, the local health department in another jurisdiction may not refuse to issue a permit for a residential onsite sewage system of that same type if: (1) a registered professional engineer; (2) a registered soil scientist; (3) a residential onsite sewage system installer; and (4) (if applicable) the designer of the residential onsite sewage system; approve of the use of that type of system in the second jurisdiction. Provides that if a registered professional engineer certifies: (1) that the location, design, proposed construction, and proposed installation of a planned residential onsite sewage system comply with the department's rule, a local health department may not disapprove an application for a permit for the residential onsite sewage system; (2) that the design, construction, installation, location, maintenance, and operation of an existing residential onsite sewage system comply with the department's rule, a local health department may not issue an order on the basis that the residential onsite sewage system is a failed system; and (3) that an existing residential onsite sewage system is not functioning properly but can be restored to proper functioning through repair, a local health department must allow the repair of the residential onsite sewage system to be made in accordance with the certification of the professional engineer. Provides that a local health department may not deny a permit for a residential onsite sewage system in a particular location on the grounds that the soil of the location is too heavily compacted if a registered soil scientist certifies that the soil can be made suitable for the residential onsite sewage system in not more than two years through the planting of plants that loosen and aerate the soil or through other means. Provides that after June 30, 2023, a local ordinance or a local health department may not impose residential onsite sewage system requirements, restrictions, or conditions that are more stringent than those of the department's rule. Requires a local health department to issue, in certain circumstances, a permit for a residential onsite sewage system not more than 30 business days after receiving the application for the permit. Effective July 1, 2023, voids a provision of the department's rule stating that the rule does not prohibit local ordinances from imposing requirements more stringent than the requirements of the department's rule. Changes population parameters used in an Indiana Code section concerning the installation of a residential onsite sewage system in fill soil, so as to reflect the population count determined under the 2020 decennial census. Amends the Indiana Code section governing the procedures for a proposal to amend or partially repeal a zoning ordinance to require a plan commission to vote on the proposal not later than 60 days after holding the public hearing on the proposal. Provides that a property owner whose property is incorporated into the territory of a municipal sanitation district (regardless of whether the property owner has filed a written remonstrance or an appeal with respect to the incorporation) is exempt from a requirement to connect to the district's sewer system and to discontinue use of a sewage disposal system on the property owner's property if: (1) the property owner's sewage disposal system: (A) was new at the time of installation; and (B) was approved in writing by the local health department, the department's designee, or a qualified inspector; and (2) the property owner obtains a written determination from the local health department, the department's designee, or a qualified inspector that the property owner's sewage disposal system is not failing. Provides that a property owner who qualifies for this exemption may not be required to connect to the district's sewer system for a period of 10 years beginning on the date of the required written determination of the local health department, the department's designee, or a qualified inspector that the property owner's septic tank soil absorption system is not failing. Provides that a property owner may apply for two five-year extensions of the exemption. Limits the total period during which a property may be exempt from the requirement to connect to a district's sewer system to not more than 20 years, regardless of ownership of the property. Sets forth certain time frames and requirements that apply to a property owner who seeks to claim the exemption. Provides that this exemption does not apply to a property owner whose property is incorporated into a district if: (1) the district has received approval from the Indiana finance authority before January 1, 2022, of a preliminary engineering report: (A) for a project to construct the sewer line to which the property owner's property is being required to connect; and (B) in connection with funding from the wastewater or drinking water revolving loan program; and (2) the timing and requirements for connection to the district's sewer system are the same for all property owners being required to connect to the district's sewer system under the terms of the project.

Provides that, beginning January 1, 2023, certain practitioners are subject to disciplinary sanctions if the practitioner communicates or disseminates to the general public an advertisement that includes deceptive or misleading information or does not prominently state the profession or license held by the practitioner. Establishes certain exceptions. Provides, for purposes of the law prohibiting the unlawful practice of medicine or osteopathic medicine, that "the practice of medicine or osteopathic medicine" includes attaching to an individual's name additional terms or other specified words that identify a member of a medical specialty. Establishes certain exceptions. Specifies that the exclusions to the practice of medicine and osteopathic medicine do not allow a person to use words or abbreviations that indicate or induce an individual to believe that the person is engaged in the practice of medicine or osteopathic medicine.

Modifies the newborn safety device requirements that apply to a fire department. Modifies the immunity provisions applicable to certain individuals and entities that take custody of a child or operate a newborn safety device. Makes conforming changes.

Consolidates Medicaid telehealth language. Provides that "health care services" does not include certain case management services, care management services, service coordination services, or care coordination services for purposes of telehealth. Adds occupational therapist assistants, school psychologists, specified developmental therapists, peers, clinical fellows, students and graduates of certain professional programs, physical therapist assistants, and certain community mental health center providers to the definition of "practitioner" for purposes of practicing telehealth. Allows behavior health analysts to temporarily perform telehealth during the time when the professional licensing agency is preparing to implement licensure for the profession.

Provides that certain information contained in a daily log of a law enforcement agency relating to the victim of a crime or delinquent act who is less than 18 years of age may not be disclosed by a public agency without the consent of the child's parent, guardian, or custodian, unless access to the records is specifically required by a state or federal statute or is ordered by a court under the rules of discovery. Provides that the information may be disclosed to the department of child services. Provides that a law enforcement agency shall maintain a daily log or record that lists suspected or investigated crimes, accidents, or complaints. (Current law provides that a law enforcement agency shall maintain a daily log or record that lists suspected crimes, accidents, or complaints.) Prohibits, after June 30, 2023, the broadcast of a Social Security number by police radio unless the broadcast is encrypted.

Establishes additional requirements for the disposition of property held as evidence that may contain biological evidence related to an offense, including matters involving postconviction DNA testing and analysis.

Defines "unlicensed caregiver" and allows an unlicensed caregiver of a child to intervene as a party in a: (1) child in need of services proceeding; or (2) proceeding to terminate the parent-child relationship; concerning the child.

Provides that a correctional facility, including a jail, shall: (1) use the least restrictive restraints necessary on a pregnant inmate when the pregnant inmate is in the second or third trimester of pregnancy; or (2) use no restraints on a pregnant inmate who is in labor, delivering a baby, during the immediate postdelivery period, or dealing with a medical emergency related to the pregnancy, with certain exceptions. Repeals the current statute concerning prenatal and postnatal care and treatment and incorporates it into the new chapter concerning pregnant inmates. Adds sexual misconduct with a service provider as a Level 4 felony to the definition of "violent offense", and requires a person convicted of: (1) sexual misconduct with a service provider; (2) child molesting; and (3) rape; to pay restitution for pregnancy and childbirth expenses to the victim if the pregnancy is a result of the offense.

Requires each school corporation and charter high school to: (1) use the model FAFSA notice prepared by the commission for higher education (commission); and (2) provide the model notice to certain students. Allows a nonpublic school to provide the model notice to certain students. Requires the commission to develop an online FAFSA affirmation form and provide information to certain schools to determine which students have completed the FAFSA and the affirmation form. Amends the information required to be included in the model FAFSA notice.

Allows a third class city to annex: (1) a noncontiguous residential development; and (2) the right of way of a public highway connecting the development to the city. Provides that annexation is initiated by: (1) the homeowner's association board petitioning the city legislative body for annexation of the development; and (2) the city legislative body adopting a resolution approving initiation of the annexation process. Requires the city to satisfy statutory requirements for annexation including adopting a written fiscal plan and annexation ordinance and conducting an outreach program. Changes population parameters to reflect the population count determined under the 2020 decennial census.