Expands the definition of a "health care representative". Creates a procedure to transfer the interest of certain single member, limited liability companies to a legatee or heir of the member upon the member's death. Provides that certain provisions in a will or revocable trust in favor of the testator's or trust settlor's former spouse are revoked upon dissolution or annulment of the marriage. Specifies that the provisions in favor of the testator's or trust settlor's former spouse are reinstated if the testator or the settlor remarries the former spouse. Provides that a court may order a convicted felon to serve as a domiciliary personal representative under certain circumstances. Provides that a claim by the estate recovery unit is forever barred unless the estate recovery unit takes certain action against the decedent's estate not later than 120 days after the date of death of the decedent. Provides that a personal representative or a trustee is not required to distribute particular assets based upon the potential gain or loss that a distributee would realize if the assets were sold. Provides that a verified petition for the issuance of a confidential health disclosure order must state whether the alleged incapacitated person cannot provide or has refused to provide written authorization for disclosure of certain medical information. Provides that a document creating a power of attorney that does not contain a notary and preparation statement may be recorded with the county recorder if the document meets certain criteria. Provides signature formats for an attorney in fact to use when signing an instrument on behalf of a principal. Provides recording requirements when including cross-references to a previously recorded document. Requires the endorsement of the county auditor to record a transfer on death deed and instrument. Specifies who an owner may designate as a grantee in a beneficiary designation instrument. Clarifies the form and scope of a transfer on death instrument. Resolves a technical conflict with HEA 1034-2024. Makes conforming and technical changes. (The introduced version of this bill was prepared by the probate code study commission.)
Sponsored bills
Amends the statute establishing the right of a member of: (1) the general assembly; (2) the professional staff of the general assembly; or (3) the Indiana lobby registration commission; to carry a handgun within the state capitol building and on the property of the state capitol complex by specifying that the right applies to any such member who is not prohibited under state or federal law from possessing a handgun. (Current law provides that the right applies to a member who: (1) possesses a valid Indiana license to carry a handgun; and (2) is otherwise permitted to possess a handgun.) Adds a new chapter to the Indiana Code article governing state officers to provide that any of the following state officers who is not prohibited from possessing a handgun under state or federal law has the right to carry a handgun within the state capitol building and on the property of the state capitol complex: (1) The attorney general. (2) The secretary of state. (3) The state comptroller. (4) The treasurer of state. Prohibits a governmental entity or any other person from knowingly or willfully keeping any list, record, or registry of: (1) privately owned firearms; or (2) the owners of firearms; with respect to Indiana consumers. Defines a "firearms code" as a merchant category code approved by the International Organization for Standardization specifically for firearms retailers. Provides that in a payment card transaction, a merchant acquirer or a payment card network may not: (1) assign; or (2) require the assignment of; a firearms code in a way that distinguishes a firearms retailer with at least one physical location in Indiana from general merchandise retailers or sporting goods retailers. Prohibits a financial services provider from declining or otherwise refusing to process a lawful payment card transaction based solely on the assignment or nonassignment of a firearms code to the payment card transaction. Prohibits a financial services provider from disclosing a financial record that: (1) is related to a payment card transaction; and (2) includes protected financial information, including a firearms code used, collected, or assigned in violation of the bill's provisions. Specifies that the bill's provisions apply only to a payment card transaction that is initiated after September 30, 2024, at a firearms retailer that is physically located in Indiana. Provides that the applicable primary financial regulator with jurisdiction over a financial services provider subject to the bill's provisions is responsible for enforcing the financial services provider's compliance with those provisions. Provides that, with respect to any person that is not a financial services provider subject to regulation by a financial regulator, the attorney general is responsible for enforcing the bill's prohibition against knowingly or willfully keeping any list, record, or registry of: (1) privately owned firearms; or (2) the owners of firearms. Provides that upon receiving notice of an alleged violation of this prohibition, the attorney general shall investigate the alleged violation in accordance with the attorney general's investigative demand procedures, subject to the statutory confidentiality provisions that apply to such procedures.
Creates the artificial intelligence task force (task force) to study and assess use of artificial intelligence technology by state agencies. Provides that political subdivisions, state agencies, school corporations, and state educational institutions (public entities) may adopt a: (1) technology resources policy; and (2) cybersecurity policy; subject to specified guidelines. Specifies requirements for: (1) public entities; and (2) entities other than public entities; that connect to the state technology infrastructure of Indiana. Provides, with regard to a licensing contract entered into by a state agency for use of a software application designed to run on generally available desktop or server hardware, that the contract may not restrict the hardware on which the state agency installs or runs the software. Provides that if a state agency enters into a contract with a person under which the state agency runs software on hardware owned or operated by the person, the office of technology shall ensure that the state agency fully complies with the licensing terms of all software run on the person's hardware. Provides that an executive or legislative state agency may submit to the office of technology and the task force an inventory of all artificial intelligence technologies in use, or being developed or considered by the state agency for use, by the state agency. Provides that, subject to specified exceptions: (1) title to any record of state government is held by the state; and (2) title to any record of a local government is held by that local government.
Makes the office of administrative law proceedings the ultimate authority in any administrative proceeding under its jurisdiction. Provides certain exceptions. Provides that the bill applies to certain proceedings filed after June 30, 2024. Specifies when a state agency may be required to pay reasonable attorney's fees for judicial review proceedings. Outlines procedures for the ultimate authority regarding nonfinal orders and procedures to file objections to final orders. Permits a final order to be corrected by means of a motion to correct error. Provides that the court shall decide all questions of law, including any interpretation of a federal or state constitutional provision, state statute, or agency rule, without deference to any previous interpretation made by the state agency. Provides that a court is not bound by a finding of fact made by the ultimate authority if the finding of fact is not supported by the record. Requires the state agency to transmit the agency record to the court for judicial review. Eliminates the office of environmental adjudication and transfers proceedings to the office of administrative law proceedings. Creates requirements for administrative law judges that are assigned to certain environmental matters. Provides that until the office of administrative law proceedings adopts or amends rules related to environmental matters, it must continue to follow and implement rules under 315 IAC. Requires the office of administrative law proceedings to continue to index and make publicly available, in a substantially similar online searchable format, the final orders of contested appeals currently maintained by the office. Makes conforming changes.
Specifies that the existing Indiana statute concerning the awarding of grants by the office of community and rural affairs for certain eligible broadband projects does not apply to subgrants awarded by the Indiana broadband office (office) under the federal Broadband Equity, Access, and Deployment (BEAD) Program (program). Establishes a new Indiana Code chapter governing the administration of the program by the office. Requires the office to administer the program in Indiana in compliance with all mandatory provisions set forth in: (1) the federal Infrastructure Investment and Jobs Act (Act); and (2) the BEAD Notice of Funding Opportunity (BEAD NOFO); with respect to the program. Provides that before awarding a subgrant to an eligible broadband service provider during any round of funding under the program, the office shall submit to the budget committee for review the proposed amount and terms of the subgrant. Provides that in awarding subgrants for the deployment of a broadband network using program funds, the office may not exclude cooperatives, nonprofit organizations, public-private partnerships, private companies, public or private utilities, public utility districts, or local governments from eligibility for those funds, as set forth in the Act. Provides that the final proposal submitted by the office to the National Telecommunications Information Administration (NTIA) with respect to the program must include the specifications for the required low cost broadband service option that are set forth in the office's initial proposal, as submitted to and approved by NTIA.
Repeals the Indiana Code provisions concerning the following obsolete programs and funds administered by the Indiana office of energy development (office): (1) The alternative fuel fueling station grant program. (2) The alternative fuel vehicle grant program for local units. (3) The Indiana coal research grant fund. (4) The office of alternative energy incentives. (5) The alternative energy incentive fund. (6) The center for coal technology research. Makes conforming amendments to other sections of the Indiana Code that reference the repealed provisions. Repeals, in the Indiana Code chapter governing the Indiana recycling market development board (board), a provision that authorizes the office to establish and administer a revolving loan program to make low interest loans for energy efficiency or recycling market development projects. Relocates that provision to the Indiana Code chapter governing the office and removes from the provision language authorizing the office to consult with the board in establishing and administering the program. Provides that, notwithstanding the statutory requirements for a local unit to be certified as a commercial solar energy ready community or a wind energy ready community, the commercial solar and wind energy ready communities development center may make a reasonable determination to certify a unit as a commercial solar energy ready community or a wind energy ready community if the unit: (1) has adopted a commercial solar or wind power regulation and the unit's regulation does not: (A) materially differ from applicable industry or regulatory standards; or (B) otherwise materially affect the ability of a project owner to develop a commercial solar project or wind power project in the unit; or (2) has other clear standards for the construction, installation, siting, modification, operation, or decommissioning of commercial solar or wind power systems and the unit's clear standards meet specified requirements. Amends the Indiana Code section concerning a rate case in which a utility seeks an increase in revenues exceeding $2,500,000, and with respect to which a public hearing is required, to provide that the Indiana utility regulatory commission (IURC) shall conduct at least one public hearing in one of the following, as determined by the IURC: (1) The largest municipality located within the utility's service area. (2) The municipality containing the largest number of customers served by the utility. (3) The county containing the largest number of customers served by the utility. (Current law requires the IURC to conduct the public hearing in the largest municipality located within the utility's service area.) Makes a corresponding change to the statute concerning rural electric membership corporations. Repeals a provision in the statute concerning incentives for clean energy projects that requires eligible businesses under the statute to file with the lieutenant governor a monthly report concerning purchases of: (1) Illinois Basin coal for energy production or generation; and (2) fuel or energy produced by a coal gasification facility or by a nuclear energy production or generating facility.
Provides that, if the attorney general determines probable cause exists, the attorney general, rather than any person lawfully domiciled in Indiana, shall bring an action to compel a governmental body or postsecondary educational institution to comply with statutes requiring cooperation with federal immigration officials. Requires a court to apply a preponderance of the evidence standard to enjoin the violation of those statutes.
Allows a person who is at least 18 years of age to ring up a sale of alcoholic beverages in the course of the person's employment. Allows a waiter, waitress, or server who is at least 18 years of age to serve alcoholic beverages in a dining room of a restaurant or hotel under certain conditions. Provides certain exemptions from the employment of minors law. Provides, for purposes of the reporting requirement applicable to an employer that employs a specified number of minors, that: (1) a minor's date of hire is the first date on which the minor performs work for the employer; and (2) an employer must report any new or changed information not later than the fifteenth and last business days of each month. Provides that a civil penalty for a violation of certain provisions regarding the employment of minors may not be assessed for a violation of 10 minutes or less.
Provides that the commissioner of the department of environmental management (department) may, not later than 10 days after the last day of a public comment period, decide to hold a public hearing or meeting before the issuance or denial of a permit. Requires the department to provide notice if a public hearing or meeting will be held.
Provides that not later than July 15, 2024, the county executive shall provide the department of homeland security (department) certain information relating to each emergency medical services (EMS) provider in the county. Provides that not later than August 15, 2024, the department, in consultation with the Indiana emergency medical services commission, shall prepare and submit a report to the general assembly relating to the provision of EMS. Urges the legislative council to assign to the appropriate study committee the topic of improving the provision of EMS throughout Indiana.