Sen. Chris Garten

Defines: (1) "used motor vehicle"; (2) "used motor vehicle dealer"; and (3) "new motor vehicle dealer". Amends the following definitions: (1) "Automotive salvage recycler". (2) "Manufacturer". (3) "Motor vehicle". (4) "Dealer". (5) "Dealer owner". (6) "Transfer dealer". Repeals the definition of "record". Makes conforming changes to include references to "used motor vehicle dealer" and "new motor vehicle dealer" throughout IC 9-32. Provides that the secretary of state may extend: (1) dealer and dealer designee license plate expiration dates; and (2) dealer license expiration dates; in the event of a natural disaster or other emergency. Amends provisions concerning: (1) dealer license plate restrictions; (2) interim dealer or manufacturer license plates; (3) records; (4) offsite sales permits; (5) records of sale; (6) business records; (7) background checks; and (8) notifications of dealer owners and dealer managers. Repeals provisions about evidence of liability coverage. Removes the requirement that an application for a dealer license be signed by a dealer owner or dealer manager. Provides that the requirement to send in a franchise agreement for new motor vehicles or watercraft does not apply to manufactured homes. Specifies that a motor vehicle display is not an offsite sale. Provides that, after receiving a request from a person subject to an order issued by the secretary of state, the secretary of state must issue an order within 15 days of setting a hearing date. Establishes registration requirements for transport operators through the secretary of state. (Current law provides that transport operators register with the bureau of motor vehicles.) Provides that an out-of-state dealer licensed in a state other than Indiana and approved by the BMV may perform a vehicle inspection for purposes of issuing a certificate of title. Provides that an application for a certificate of title submitted only to remove a satisfied lien is not required to be accompanied by the previously issued certificate of title if the application is accompanied with certain documents. Provides that a security agreement is perfected when: (1) the record of the lien is electronically received by the BMV; or (2) the application for certificate of title is submitted to the BMV; as applicable. Provides that certain sections related to mobile credentials have an effective date of July 1, 2020. Provides that, except in certain instances, the secretary of state may only perform an audit or inspection when the secretary has provided at least three days notice to the dealer. Provides that a person may not knowingly or intentionally manufacture, import, install, reinstall, distribute, sell, or offer for sale a component intended to replace a supplemental restraint system component in a motor vehicle if the component: (1) is a counterfeit supplemental restraint system component; (2) is a nonfunctional airbag; or (3) does not comply with certain federal motor vehicle safety standards. Provides that a person may not knowingly or intentionally sell, lease, trade, or transfer a motor vehicle to an Indiana resident in which is installed, as part of the motor vehicle's supplemental restraint system a: (1) counterfeit supplemental restraint system component; (2) nonfunctional airbag; or (3) component that does not comply with certain federal motor vehicle safety standards. Delays until July 1, 2021, the effective date of certain automotive salvage recycler provisions from HEA 1482-2019 (P.L.284-2019).

Provides that the interim study committee on courts and the judiciary (committee) shall review, consider, and make recommendations concerning requests for new courts, new judicial officers, and changes in jurisdiction of existing courts in each even-numbered year. Specifies the information that must be provided to the committee with such a request. Provides that in each even-numbered year the committee shall: (1) identify each county in which the number of courts or judicial officers exceeds the number used by the county for a particular year; and (2) determine the number of years in which the number of courts or judicial officers in the county has exceeded the number used by the county. Requires the office of judicial administration to post the required information on its Internet web site. Establishes the Clark circuit courts No. 5 and No. 6, beginning January 1, 2025. Provides for the election of the judges of each of these circuit courts at the November 2024 general election. Establishes the Clark superior courts No. 5 and No. 6. Requires the governor to appoint the judge of each of these superior courts. Provides that each of these superior courts converts to Clark circuit courts No. 5 and No. 6 beginning January 1, 2025. Establishes a sixth circuit court in Delaware County. Removes the requirement that Delaware circuit courts No. 4 and No. 5 each have a standard small claims and misdemeanor docket. Establishes a third superior court in Marshall County. Allows the judges of the Gibson superior court and Gibson circuit court to jointly appoint a magistrate to serve the Gibson County courts. Allows the judges of the Hamilton circuit and superior courts to jointly appoint an additional magistrate to serve the Hamilton County courts. Allows the judges of the Jennings circuit and superior courts to jointly appoint a magistrate to serve the Jennings County courts. Requires the Indiana criminal justice institute to: (1) collect data concerning rates of rearrest of defendants released with and without money bail; and (2) submit an annual report containing the information collected to the legislative council. Urges the legislative council to assign to the committee the topic of giving mutual full faith and credit to judgments and orders of a tribal court of a federally recognized Indian tribe.

Provides that if a public safety officer enters a deferred retirement option plan (DROP) for the public safety officer's respective pension plan and the public safety officer dies before the public safety officer's DROP exit date, the benefit options for the public safety officer's survivors are made similar, as applicable, to the DROP disability benefit options in: (1) the DROP applicable to the state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan; and (2) the DROP applicable to the 1925 police pension fund, the 1937 firefighters' pension fund, the 1953 police pension fund (Indianapolis), and the 1977 police officers' and firefighters' pension and disability fund.

Provides that a member of the public employees' retirement fund (PERF), the Indiana state teachers' retirement fund (TRF), or the legislators' defined contribution plan who meets certain age and service requirements may withdraw all or part of the amount in the member's annuity savings account without consequence to the member's pension benefit under the fund and without separating from a covered position. Removes the requirement that a member of PERF, TRF, or the legislators' defined contribution plan wait 30 days after separating from a covered position to withdraw an amount from the member's annuity saving account. Provides that the board of trustees of the Indiana public retirement system may offer members an alternative option for the payment of the member's retirement benefits that does not include a minimum benefit option. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)

Provides that the design release requirements for certain projects do not apply to certain construction that is exempted even if the construction is: (1) a part of; (2) supplemental to; or (3) an accessory of; any other construction that would otherwise require a design release.

Establishes mental health disability review panels (review panel) for evaluation of members of the 1977 police officers' and firefighters' pension and disability fund (1977 fund) who have been determined to have an impairment for mental illness. Includes mental illness in the description of "occupational diseases" for purposes of determining whether a 1977 fund member has an impairment. Makes the final determination of an impairment for a mental illness provisional for two years: (1) beginning July 1, 2020, for a final determination made after December 31, 2012, and before July 1, 2020; or (2) from the date of the final determination, for a final determination made after June 30, 2020. Requires that, during that time, the 1977 fund member participate in a mental health treatment plan, at the employer's cost, and at the end of the two year period, requires the review panel to evaluate the 1977 fund member to determine if the 1977 fund member: (1) is medically able to return to duty; or (2) may continue for another two year provisional disability period. Requires that, at the end of the second provisional period, the review panel evaluate the 1977 fund member to determine if the 1977 fund member: (1) is medically able to return to duty; or (2) has a permanent impairment. Provides that the evaluations conducted by the mental health disability review panels are confidential. Provides that the board of trustees of the Indiana public retirement system may suspend a 1977 fund member's disability benefits if the member fails to comply with reasonable requests for information by the mental health disability review panel. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)

Extends eligibility for National Guard license plates to former members of the National Guard.

Provides that INDOT shall not issue a permit for construction or alteration of an energy facility that will result in a structure that is more than 200 feet above ground level at its site unless the applicant for the permit submits to INDOT documentation of a formal review by the Clearinghouse of the proposed construction or alteration indicating: (1) that the formal review resulted in a determination that the construction or alteration will not have an adverse impact on military operations and readiness; or (2) that: (A) the formal review resulted in a determination that the proposed project will have an adverse impact on military operations and readiness; and (B) the applicant has either resolved the adverse impact to the satisfaction of the United States Department of Defense or entered into a mitigation agreement with the United States Department of Defense to mitigate the adverse impact. Provides that a person that is a public use airport owner or operator has standing to obtain judicial review or to intervene in a proceeding for judicial review of a zoning decision that may have a negative impact on the safety of civilian or military flight operations to or from the airport.

Renames the "safety first" license plate as the "first responder" license plate. Provides that the department of homeland security (department) may require a person to submit information, a document, or an application electronically. Provides that the two-dimensional bar code assigned to an elevator shall be displayed in or on each elevator. Repeals the reduced ignition propensity standards for cigarettes fund and transfers the money in the fund to the fire prevention and public safety fund. Provides that the fire prevention and public safety fund may be used for the same purposes as the reduced ignition propensity standards for cigarettes fund. Requires a school corporation or charter school to annually report to the department the number of school resource officers employed by the school corporation or charter school for the protection of the school corporation or charter school. Requires the department to annually compile the number of school resource officers employed by school corporations or charter schools for the protection of the school corporations or charter schools and retain that information. Provides that the information about school resource officers compiled by the department is confidential. Makes conforming changes.

Implements the emergency medical services personnel licensure interstate compact.