Provides that the office of administrative legal proceedings (OALP) is the ultimate authority for agencies subject to the jurisdiction of the OALP. Provides that a court conducting a judicial review hearing shall review questions of law and fact de novo. Makes conforming amendments.
Establishes the government reform task force (task force). Provides for members of the task force. Requires the task force to submit a report. Prohibits the consideration of the number or amount of fines or civil penalties imposed on regulated entities by an employee in an agency's evaluation or compensation of the employee. Makes various procedural changes concerning the adoption of administrative rules, including the following: (1) Requires budget agency and office of management and budget review of a regulatory analysis of all proposed rules. (2) Requires a state budget committee review of rules adding or increasing fees, fines, or civil penalties. (3) Requires publication of the text of a proposed rule in the first public comment period and allows a proposed rule to be adopted after one public comment period if no substantive public testimony is received and the rule is not more stringent than applicable federal standards. (4) Replaces various laws granting emergency rulemaking authority with a description of the circumstances when emergency rulemaking (renamed "provisional" rules and "interim" rules) may be used, increases governor and attorney general oversight of provisional or interim rules, and adds a public comment period for interim rules. (5) Reduces from seven to five years the time in which rules need to be readopted to remain effective. (6) Requires agencies to webcast public hearings and allow remote testimony. Prohibits state standards for disposal of coal combustion residuals to be more stringent than federal standards. Allows for certain rules on certain pesticides that are more stringent than federal law. Permits a person to recover attorney's fees if an agency issues an order that is based on an invalid rule or issued without legal authority. Permits an applicant or licensee to recover damages if a professional or occupational licensing agency fails to adopt a rule required to obtain a license. Repeals superseded statutes and makes cross-reference, name, and other conforming changes.
Provides that, beginning with the cohort of students who are expected to graduate from a public school, a charter school, or a state accredited nonpublic school in 2028, an individual must successfully complete a personal financial responsibility course (course) before the individual may graduate. Creates requirements for content that must be covered in a course. Provides that a public school, a charter school, or a state accredited nonpublic school must offer instruction on a course as a separate subject. Provides that the state board may allow a course to satisfy one or more diploma course requirements.
Authorizes funds from the: (1) Indiana secured school fund; and (2) school corporation and charter school safety advance program; to be used for the purpose of providing specialized firearms instruction to certain teachers, school staff, and school employees, and for providing counseling services to students, teachers, school staff, and school employees in the event of a school shooting. Creates a specialized firearms safety, education, and training curriculum (curriculum) for teachers, school staff, and school employees. Specifies curriculum requirements. Requires a charter school, accredited nonpublic school, or school corporation to ensure that a teacher, school staff member, or school employee who receives training funded by a grant from the Indiana secured school fund complies with certain requirements. Provides that the identity of any person who: (1) enrolls in; (2) participates in; or (3) completes; the curriculum is confidential. Requires the department of education, in collaboration with the state police department, to identify a set of best practices and develop a set of educational materials concerning the safe possession and storage of a firearm in a home with a child. Provides that the department of education shall provide the best practices and educational materials to certain schools for annual distribution to parents of students. Provides that a public school or a state accredited nonpublic school may not conduct a training or drill for an employee of the school that includes, as any part of the training or drill, the expelling of any type of projectile at the employee unless: (1) the school informs the employee of the use of projectiles in the training or drill; and (2) the employee provides written consent. Provides that certain schools may not conduct or approve a training or drill for a student of the school that includes, as any part of the training or drill, the expelling of any type of projectile at a student. Provides that the prohibition on the possession of a firearm in or on school property or on a school bus does not apply to certain qualified law enforcement officers and qualified retired law enforcement officers. Makes conforming and technical amendments.
Provides that a person may not: (1) construct a new utility scale battery energy storage system (BESS); or (2) expand the capacity of an existing BESS by more than 10% of the system's original capacity; without the prior approval of the department of homeland security (department). Sets forth information that must be included in an application to the department for approval of the construction or expansion of a BESS. Provides that: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; must comply with the National Fire Protection Association's standard concerning stationary energy storage systems (NFPA 855). Provides that the total capacity of the batteries contained within a single enclosure in: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; may not exceed 10 megawatt hours unless authorized under rules adopted by the fire prevention and building safety commission (commission). Provides that if a BESS installed after June 30, 2023, is located less than 1/2 mile from the nearest 100 year flood plain, all of the system's equipment must be located at least two feet above the 100 year frequency flood elevation. Requires the operator of a BESS to: (1) provide a copy of the operator's emergency response plan for the BESS; and (2) offer training to enable effective response to a fire or contaminant discharge at the BESS; to the fire department responsible for providing fire protection services in the area in which the BESS is located. Authorizes the commission to adopt rules to specify standards for the installation and operation of a BESS. Provides that the commission's rules: (1) must be consistent with NFPA 855; and (2) must include standards for: (A) chemical spill prevention and control; and (B) appropriate setbacks from surface water resources. Requires the department to issue to the interim study committee on energy, utilities, and telecommunication, not later than November 1, 2023, a report regarding the progress of the commission in adopting rules addressing the installation and operation of a BESS.
Specifies the circumstances under which a person may be involuntarily committed to a facility for mental health services and specifies that these services are medically necessary when provided in accordance with generally accepted clinical care guidelines. Establishes a local mental health referral program to provide mental health treatment for certain persons who have been arrested. Repeals obsolete provisions and makes technical corrections.
Defines "personal information" as data that directly or indirectly identifies a "person" (including an individual, a corporation, a limited liability company, a government entity, a partnership, a trust, an estate, or other entity) as a: (1) member or supporter of; (2) volunteer for; or (3) donor to; a nonprofit organization. With certain exceptions, prohibits a state agency (including an executive, judicial, or legislative branch agency, state educational institution, or body corporate and politic) or political subdivision from doing the following: (1) Requiring a person or nonprofit organization to provide personal information to the state agency or political subdivision. (2) Releasing, publicizing, or publicly disclosing personal information in the state agency or political subdivision's possession. (3) Requesting or requiring a current or prospective contractor or grantee to provide a list of nonprofit organizations to which the current or prospective contractor or grantee has provided financial or nonfinancial support. Provides that personal information is considered confidential and is not subject to disclosure under Indiana's access to public records act (APRA). Provides that a person alleging a violation of the bill's provisions may bring a civil action for injunctive relief, specified damages, or both. Provides that: (1) a public employee; (2) a public official; or (3) an employee or officer of a contractor or subcontractor for a public agency; who violates the bill's provisions is subject to the penalties and discipline that apply with respect to violations of APRA.
Specifies certain entities, actions taken, or factors considered to which the ESG commitment provisions do not apply. Provides that if the treasurer of state concludes that the service provider has made an ESG commitment, the treasurer of state shall provide the name of the service provider and research supporting the conclusion to the board of trustees of the Indiana public retirement system (board). Prohibits the board from making an investment decision with the purpose of influencing any social or environmental policy or attempting to influence the governance of any corporation for nonfinancial purposes. Prohibits the Indiana public retirement system (system) from making an ESG commitment with respect to system assets. Provides that in making and supervising investments of the system, the board shall discharge its duties solely in the financial interest of the participants and beneficiaries of the system for the exclusive purposes of providing financial benefits to participants and beneficiaries and defraying reasonable expenses of administering the system. Provides that the board, in accordance with certain fiduciary duties, shall make investment decisions with the primary purpose of maximizing the target rate of return on the board's investments. Prohibits the board from entering a contract or modifying, amending, or continuing a contract with a service provider that has made an ESG commitment unless taking the action violates the board's fiduciary duty to the system's participants and beneficiaries. Requires the board to continue contracting with a service provider that has made an ESG commitment if the board determines that there is not a comparable service provider to replace the service provider. Requires the board to, at least annually, tabulate and report all proxy votes made by a service provider that is not a private market fund in relation to the administration of the system. Specifies certain persons and entities that are immune from civil liability and entitled to indemnification. Requires the board to: (1) ensure that reasonable efforts are made during the due diligence process before an investment is made and in monitoring investments in the public employees' defined contribution plan, an annuity savings account for the public employees' retirement fund or the Indiana state teachers' retirement fund, the teachers' defined contribution plan, the legislators' defined contribution plan, and a private market fund to determine whether any investments would violate the requirement that the board discharge its duties solely in the financial interest of the participants and beneficiaries of the system; and (2) take appropriate action, if necessary, consistent with the board's fiduciary duties. Defines terms and makes conforming amendments.
Adds the following to the definition of "entertainment complex": (1) A premises located within a five mile (instead of four mile) radius of the center of a consolidated city. (2) A premises used as a museum of fine arts. (3) A premises that has a 200 person audience capacity and artist housing. Provides that a primary source of supply, manufacturer, or wholesaler may supply equipment on a temporary and nondiscriminatory basis to the holder of a retailer permit or a temporary permit for the purpose of holding, storing, and dispensing product to consumers for a special event for the duration of the special event. Makes the following changes regarding breweries: (1) Removes a requirement that the 90,000 barrel limit per calendar year applies to beer manufactured at a brewery located in Indiana. (2) Allows a small brewery to receive, bottle, and package beer from another small brewery if certain requirements are met. (3) Allows a small brewery to sell or transfer beer to certain food manufacturers for the purpose of adding or integrating the beer into a product or recipe. (4) Provides that a product that contains transferred beer may not contain more than 0.5% of alcohol by volume when the product leaves the food manufacturer's facility. Provides for permits for beer or liquor dealer employees who deliver alcoholic beverages. Increases, within a certain historic district, the number of alcoholic beverage restaurant permits from 10 to 15, and changes certain other requirements. Allows the alcohol and tobacco commission (commission) to issue a certain number of three-way permits to sell alcoholic beverages for on-premises consumption in the: (1) cities of Auburn, Kendallville, and Warsaw; and (2) towns of Winona Lake and Syracuse. Permits the issuance of three new three-way permits and three new two-way permits to the town of Whitestown. Requires the commission to issue a beer dealer's permit and a wine dealer's permit to an eligible grocery store. Increases the limit on the amount of liquor that an artisan distiller may produce in a calendar year from 10,000 to 20,000 gallons. Amends the conditions in which a minor can lawfully be in a room on a licensed premises in which is located a bar over which alcoholic beverages are sold or dispensed by the drink. Modifies the definition of "tobacco product", for purposes of the law concerning issuance of a tobacco sales certificate, to include a product that contains nicotine and is not approved by the federal Food and Drug Administration for tobacco cessation. Provides that an e-liquid distributor shall purchase and distribute e-liquid from an: (1) Indiana e-liquid manufacturer that has a valid e-liquid manufacturing permit; or (2) Indiana e-liquid distributor that has a valid e-liquid manufacturing permit or a valid tobacco distributor's license.
Provides that a participant may issue and sell bonds to the Indiana finance authority (authority) without the requirement of an increase to the user rates and charges of the participant. Provides that the bonds must be issued under a resolution or ordinance and the proceeds must be used to carry out the purposes allowed by the program. Defines the term "independent evaluator" for purposes of non-revenue water audits. Requires a water utility to annually perform an audit of its water distribution system through the use of the latest version of the American Water Works Association's free water audit software or other methodology software to determine the causes of the water utility's non-revenue water. Provides that the issuance, by the ports of Indiana, of both taxable and tax exempt revenue bonds of the state, payable solely from revenues for the purpose of paying all or any part of the cost of a port or project, is subject to the prior approval of the authority. Provides for the appointment of a nine member board of directors of the Indiana Secondary Market for Education Loans, Inc. (ISMEL). Provides that ISMEL may only borrow money after consulting with the authority not less than three months before ISMEL begins the process of borrowing money. Requires ISMEL to, at least 30 days prior to the issuance or placement of any bond, note, or other instrument, report to the budget committee the estimated amount of the bonds.
