Sen. Chris Garten

Requires the office of community and rural affairs (office) to establish a process to be used before each formal submission of applications for grants from the rural broadband fund (fund) in which the office will: (1) invite any prospective grant applicant to submit a letter of intent identifying all addresses and census blocks that the applicant intends to include in a grant application; and (2) make all addresses and census blocks submitted in letters of intent publicly available for a period of time, during which eligible broadband service providers will have the opportunity to challenge a listed address or census block. Provides that challenges under the new process are to be based on the asserted deployment of "minimum broadband Internet" (defined as a terrestrial connection to the Internet that provides an actual speed of at least 25 megabits per second downstream and at least three megabits per second upstream) at a specific address. Specifies that the process established is to precede and remain distinct from the statutory procedures for actual grant applications. Provides that the department of transportation (INDOT) may require a private entity to agree, as a condition of INDOT leasing a right-of-way to the private entity, that facilities constructed or installed by the private entity in or under the right-of-way, which if removed would: (1) cause irreparable soil disturbance; or (2) have a detrimental effect on INDOT's facilities or on the facilities of other utilities; will be considered abandoned without additional consideration, upon the private entity's written notice to INDOT. Provides that upon being abandoned, a facility may no longer be used for any purpose by any public or private entity.

Specifies the reimbursement rate for inpatient and outpatient Medicaid services that are provided by an out-of-state children's hospital located in a state bordering Indiana in state fiscal years 2022 and 2023. Requires budget committee review of the reimbursements provided to those out-of-state children's hospital. Requires the children's hospitals to provide information required in the review to the family and social services administration not later than August 1.

Provides that a small claims court has jurisdiction over claims that do not exceed $10,000.

Provides that a person who transports a vehicle or combination of vehicles with an overweight divisible load is subject to overweight divisible load permitting. Removes certain requirements regarding transportation of commodities. Provides that the department of transportation may not issue a permit for an overweight divisible load if the owner or operator of the vehicle has not provided the department of state revenue with full payment for the permit prior to transporting the overweight divisible load. Provides that the department of state revenue shall determine the extent of civil penalties for overweight divisible loads under certain conditions. Provides that the civil penalty for each permitting violation for transporting overweight divisible loads is not more than $10,000 for each violation. Provides criminal or civil defenses in certain circumstances. Permits the department to determine at an administrative hearing whether a civil penalty should be assessed or reduced pursuant to a defense. Provides that the department of state revenue may not assess a penalty on a citation for an oversize load after more than one year has passed from the date the person receives the citation. Provides that the costs for storage of an abandoned vehicle with a length of at least 30 feet may not exceed $2,500. Makes technical corrections. Makes conforming changes.

Provides that the bureau of motor vehicles (bureau) shall remit certain taxes not more than 21 days after the collection of the tax. Provides that in the first year an amended surtax or wheel tax rate is effective, the prior surtax or wheel tax rate (as applicable) for the previous calendar year applies to vehicle registrations. Provides that the definition of "credential" includes any form of documentation in physical form or digital form accessible on a mobile device issued by the bureau. Changes the definition of a motor driven cycle to the current definition of a Class B motor driven cycle. Provides that the bureau of motor vehicles commission is protected by the Indiana Tort Claims Act. Expands the types of transactions that the bureau may perform on election day with priority given to credential related transactions. Provides that the bureau may no longer collect fees associated with Riverlink tolls. (Current law provides for the bureau to accept payments for Riverlink tolls.) Provides that temporary license plates may be displayed in the rear window of a vehicle, rather than affixed to the rear of the vehicle. Removes the requirement that the bureau report to law enforcement if a license plate or other proof of registration is lost. Provides that temporary delivery permits may be displayed on a vehicle in a manner determined by the bureau. Provides that a person who becomes an Indiana resident and owns a watercraft must register the watercraft not later than 60 days after becoming an Indiana resident. Provides that a person who fails to register a watercraft within the 60 days after becoming an Indiana resident is subject to an administrative penalty of $15 and commits a Class C infraction. Provides that a motor driven cycle may not be operated unless the vehicle is registered as a motor driven cycle. Provides that a holder of a leaner's permit may operate a motor driven cycle. Provides that the bureau may charge a fee of $25 for expediting certain credentials. Provides that the bureau shall suspend driving privileges or invalidate the learner's permit of an individual who is at least 15 years of age and less than 18 years of age in certain situations. Replaces the term "operator's license" with the term "driver's license". Requires that an individual who has completed driver rehabilitation training hold a learner's permit. Provides that an individual who has signed the application of a minor applicant for a permit or driver's license may subsequently file with the bureau, and be granted, a verified written request that the permit or driver's license expire. Allows the bureau to renew a learner's permit, rather than issuing a new learner's permit. Allows an individual to renew a learner's permit online. Provides that the bureau may approve third parties to conduct skills exams. Removes the provision allowing a licensed driver or an applicant for an initial or renewal driver's license, permit, or endorsement to appeal an action taken by the bureau to revoke or modify the person's driving privileges for medical reasons to the circuit or superior court of the county where the licensed driver or applicant resides prior to exhausting an administrative appeal. Requires individuals to complete driver's safety programs in certain instances. Requires the bureau to implement suspensions for an individual who fails to attend and complete required programs. Allows the bureau to contract with physicians to increase the number of reviewers for medical case files to support and provide recommendations on the revocation of a license for an individual with underlying health conditions. Removes the requirement for special groups to obtain 500 signatures when reapplying for the special group recognition license plate every 10 years. Decreases the number of days a new resident under 18 years of age is required to hold an out-of-state license to 60 days. (Current law requires that a new resident under 18 years of age hold an out-of-state license for 180 days.) Provides that courts must submit the probable cause affidavit in a form and manner prescribed by the bureau. Provides that the bureau shall not place any indication on certain credentials issued by the bureau of the vaccination status of an individual. Provides that the bureau shall not request information regarding the individual's vaccination status or proof of immunity when an individual applies for a credential. Provides that the bureau shall not maintain a data base regarding an individual's vaccination status or proof of immunity. Provides that the bureau shall not connect any bureau data base with any data base that tracks an individual's vaccination status or proof of immunity. Repeals the requirement to request a certificate of compliance for proof of financial responsibility if a motor vehicle accident occurred at least five years prior to the date the bureau receives the copy of the accident report. Provides that the bureau may enter into an agreement with the office of administrative law proceedings to conduct reviews on the bureau's behalf. Makes conforming changes.

Allows the Indiana kids first trust fund board (board) to create a nonprofit subsidiary corporation to solicit and accept private funding, gifts, donations, bequests, devises, and contributions. Provides that the members of the board serve terms of four years (rather than two years under current law) and provides for the terms of the appointed members of the board to be staggered. Provides that a majority of the appointed members of the board constitutes a quorum for purposes of board meetings. Provides that an affirmative vote of the majority of the board members participating in a board meeting is required for the board to take action at the meeting. Provides that: (1) the board; and (2) the board of directors of a subsidiary corporation formed by the board; must post meeting minutes to the Internet not later than 10 days after the minutes are approved. Requires the board to study the topic of establishing a nonprofit subsidiary corporation and provide a report to the general assembly with the board's findings.

Requires the department of state revenue (department) to provide written notice, by electronic means, to each employer that is registered in the department's online INTIME program and whose employer's Form WH-1 monthly withholding tax report or withholding tax remittance is past due. Requires each payroll service provider to annually register with the department beginning January 1, 2022. Specifies the contents of the annual registration form. Defines "payroll service provider" and "responsible person" for purposes of these provisions. Provides that the department may charge an annual payroll service provider registration fee for purposes of the registration program. Provides that a provider shall be permitted to retain any income generated on business client (client) funds while held in a provider's legal possession pending remittance to authorized payees if the client agreement expressly permits it and the provider complies with certain rules. Provides that a payroll service provider contract must include a provision that specifies that if the payroll service provider fails to deposit or remit a business client's employer withholding taxes when due, and the failure is caused by an error or omission of the payroll service provider and not by the business client, the payroll service provider shall be required to reimburse the business client for the business client's payment of any penalties or interest assessed by the department as a result of the failure. Provides that, if a provider knowingly or intentionally fails to remit taxes withheld, the provider is liable and responsible persons shall be personally liable for such taxes that were withheld and not remitted, along with penalties and interest. Provides that a responsible person of the provider who knowingly or intentionally fails to remit taxes that were withheld commits a Class A misdemeanor, and increases the penalty depending on the amount of taxes that were not remitted. Provides that the liability shall not be construed to relieve the liability of the employer or any person otherwise with a duty to withhold. Provides that the employer's address shall be the address of record with the department for withholding tax purposes and that a payroll service provider may not change the address of record with the department.

Prohibits the state and a political subdivision from imposing restrictions on a religious organization that are more restrictive than the restrictions imposed upon other businesses and organizations that provide essential services to the public. Permits the state or a political subdivision to require a religious organization to comply with a neutral and generally applicable health, safety, or occupancy requirement to the same extent as other organizations, if the requirement is otherwise allowable under Indiana's religious freedom law. Provides that the state, a political subdivision, or an officer or employee of the state or a political subdivision may not restrict the right of the people to worship or to worship in person during a disaster emergency.

A CONCURRENT RESOLUTION recognizing Hoosier Direct Support Professionals.

A SENATE RESOLUTION congratulating the Silver Creek High School boys and girls basketball teams on becoming the third school in Indiana history to jointly win state championships in the same season.