A CONCURRENT RESOLUTION honoring Dr. Jennifer Sullivan for her tenure as Indiana Family and Social Services Administration (FSSA) Secretary and Deputy State Health Commissioner.

A SENATE RESOLUTION recognizing the exceptional work and dedication of the Indiana State Senate employees.

Department of child services matters. Repeals provisions under which certain parties may file a petition during a child in need of services proceeding to require a parent, guardian, or custodian of the child to participate in a program of care, treatment, or rehabilitation for the child. Provides that a party that receives notice of a motion filed by the department of child services (department) to change the out-of-home placement of a child has ten days (rather then 15 days, under current law) to file a written objection and initiate a hearing regarding the motion. Requires the department to file a motion with a juvenile court in order to change the out-of-home placement of a child who: (1) has been in the same out-of-home placement for one year or more; and (2) is in a foster family home or in the care of a relative. Allows the person with whom a child is placed to waive the person's right to contest a motion filed by the department to change the child's placement, and allows the juvenile court to make an expedited ruling on the motion if the court is provided with written notice of the person's waiver. Provides that a child is a child in need of services if the child is a victim of certain offenses committed by a parent, guardian, or custodian of the child. Provides for a defense to prosecution for possession of child pornography for: (1) a department employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Specifies that costs paid from COVID-19 federal stimulus funds may not be disallowed when setting rates for 2023.Provides that a person who knowingly or intentionally produces, disseminates, or possesses with intent to disseminate an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of child exploitation. Provides that a person who, with intent to view the image, knowingly or intentionally possesses or accesses an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of possession of child pornography. Specifies that it is not a required element of the offense of child exploitation or possession of child pornography that the child depicted actually exists under certain circumstances. Defines "image". Provides for a defense to prosecution for possession of child pornography for: (1) a department of child services employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Makes conforming changes.

Education study committee. Provides that, before May 1, 2022, the department of education shall establish a committee for the purpose of quantifying: (1) appropriate class sizes; (2) maximum caseloads for speech-language pathologists; (3) maximum caseloads for school social workers; (4) appropriate guidance counselor to student ratios; and (5) the number of unfilled position vacancies that exist in Indiana for each position. Requires issuance of a final report to the secretary of education, governor, and legislative council not later than November 1, 2022.

Equal pay; wage disclosure protection. Provides that it is an unlawful employment practice to: (1) pay wages that discriminate based on sex for substantially similar work; (2) discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages; (3) require as a condition of employment nondisclosure by an employee of the employee's wages; or (4) require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the employee's wage information. Provides that the civil rights commission has jurisdiction for the investigation and resolution of complaints of these employment actions.

Gaming matters. Defines a "charitable government services organization". Provides that a charitable government services organization and other specified individuals may accept payment by credit card for the purchase of a chance to enter a raffle or water race offered at an allowable activity if the transaction satisfies particular requirements.

Tax credit for ABLE account contributions. Creates (beginning January 1, 2024) a stand-alone credit for contributions to Indiana ABLE accounts. Provides that a taxpayer is entitled to a credit against adjusted gross income tax equal to the least of: (1) 20% of the amount of the total contributions made by the taxpayer to an account or accounts of an Indiana ABLE 529A savings plan during the taxable year; (2) $500; or (3) the amount of the taxpayer's adjusted gross income tax for the taxable year, reduced by the sum of all allowable credits. Provides that a taxpayer is not entitled to a carryback, carryover, or refund of an unused credit. Provides that a taxpayer may not sell, assign, convey, or otherwise transfer the tax credit. Provides that an account owner of an Indiana ABLE 529A savings plan must repay all or a part of the credit in a taxable year in which any nonqualified withdrawal is made.

Land banks. Makes various changes to the statutes governing land banks that concern certain land bank powers, objectives, and duties. Provides (except in a county containing a consolidated city) that only a majority of directors appointed to the board of a land bank must be residents of the county, second class city, or third class city. Provides, in the case of a land bank created by an interlocal agreement, that only a majority of the members of the board of the land bank must be residents of the applicable eligible units that establish the land bank. Provides that a land bank may establish advisory committees composed of specified community members to consult with and advise the land bank on: (1) properties within the territory of the land bank that are imposing the greatest harm on residents and neighborhoods; (2) resident and neighborhood priorities for new uses of land bank properties; and (3) options for potential transferees of land bank properties. Provides, subject to certain limitations, that a land bank may use an interlocal agreement to establish processes to improve the quality of title and marketability of property the land bank owns to extinguish any liens that exist on the property. Provides that, if a land bank enters into an interlocal agreement, any employees of an eligible unit who may be contracted to provide staffing services to the land bank pursuant to the interlocal agreement retain their status as public employees of the eligible unit. Requires a county executive to provide a land bank in the county with a list of tracts located in the territory of the land bank that: (1) are delinquent on property taxes; and (2) have been offered for public sale at least two times and remain unsold; on an annual basis. Requires the county executive to transfer its interest in a tract on the list to a land bank if requested by the land bank not later than 90 days after it receives the list.

Withdrawal from Medicare advantage networks. Provides that a hospital, physician, or physician group: (1) may not withdraw from a Medicare advantage network for any part of a calendar year after the calendar year has begun; (2) may withdraw from a Medicare advantage network only for an entire calendar year; and (3) may withdraw for an entire calendar year only by giving notice of the withdrawal to the insurer that operates the Medicare advantage plan not later than September 1 immediately preceding the calendar year. Provides that an insurer operating a Medicare advantage plan: (1) may not remove a hospital, physician, or physician group from the Medicare advantage plan's Medicare advantage network for any part of a calendar year after the calendar year has begun; (2) may remove a hospital, physician, or physician group from the Medicare advantage network only for an entire calendar year; and (2) may remove a hospital, physician, or physician group from the Medicare advantage network for a calendar year only by giving notice of the removal to the hospital, physician, or physician group not later than September 1 immediately preceding the calendar year. Makes certain exceptions. Provides that notice of the withdrawal or removal of a hospital, physician, or physician group from a Medicare advantage network must be given by letter, telephone message, or electronic mail message at least 60 days before the withdrawal or removal to each individual who is covered by the Medicare advantage plan and who, not more than two years before the date of the withdrawal or removal, was seen or treated by the physician or a physician of the physician group or was an inpatient in or received medical treatment in the hospital. Empowers the insurance commissioner to impose penalties for violations and authorizes the insurance commissioner to adopt administrative rules.

Regulation of coal combustion residuals. Establishes a state policy favoring beneficial uses of coal combustion residuals (CCR). Provides that the rules of the environmental rules board may not allow CCR to be disposed of if, after the disposal, any of the CCR: (1) would be within a 500 year flood plain; (2) would be in contact with ground water; (3) could migrate into the uppermost aquifer; (4) would be left in an unstable area; or (5) would be in a seismic impact zone. Requires that the CCR disposal rules of the environmental rules board and the state permit program implementing the federal CCR rule be at least as protective and comprehensive as the federal CCR rule. Defines "closure in place" and prohibits the department from approving the closure in place of a CCR surface impoundment if: (1) the CCR surface impoundment is within a 500 year flood plain; (2) any of the CCR disposed of in the CCR surface impoundment would be in contact with ground water; or (3) CCR could migrate into the uppermost aquifer after the closure in place. Makes corresponding changes and a technical correction.

Distributed energy generation. Amends as follows the statute concerning electricity supplied to and generated by an electricity supplier's customers who own a distributed generation facility: (1) Specifies that "excess distributed generation" means the difference between: (A) the kilowatt hours of electricity generated by a customer and supplied back to the electricity supplier; and (B) the kilowatt hours of electricity delivered by the electricity supplier to the customer; as netted over the monthly billing period. (2) Provides for: (A) the billing or crediting, on a monthly basis, of a distributed generation customer for the kilowatt hours of electricity received by or supplied by the customer, as applicable; and (B) the rates at which the customer is to be credited or billed, as applicable, for those kilowatt hours. (3) Makes conforming changes in other provisions of the statute. Adds a noncode provision to address electricity suppliers that have applied for approval, or received approval, for an excess distributed generation rate or tariff from the utility regulatory commission (IURC) under current law, and to require that: (1) the IURC not approve any pending petitions unless those petitions comply with the bill's provisions; and (2) an electricity supplier that has been granted approval by the IURC of an excess distributed generation rate and tariff to file with the IURC, not later than 30 days after the enactment of the bill, an amended rate and tariff, so that both the rate and the tariff, as amended, comply with the bill's provisions.

Confidentiality of birth and stillbirth records. Provides that a registration or certificate of a birth or stillbirth is open to public inspection and copying upon the request of any person that occurs 99 years (instead of 75 years) after the record is created.

Trade regulation. Repeals the Indiana Code chapter that establishes the five star mortgage program under which the department of financial institutions must: (1) certify lenders that offer certain residential mortgage products as "five star mortgage lenders"; and (2) allow lenders to use that designation in marketing materials and solicitations to Indiana customers. Strikes references to the program in sections of the Indiana Code concerning: (1) alternative investment programs for the legislators' defined contribution fund; (2) investments in mortgage pools by the board of trustees of the Indiana public retirement system; and (3) alternative investment programs for annuity savings accounts in the public employees' retirement fund. Makes various changes to the statutes governing the state and local weights and measures program administered by the division of weight and measures of the state department of health to do the following: (1) Remove or replace outdated terminology. (2) Update practices, procedures, and requirements. (3) Repeal the existing Indiana Code section concerning the offering for sale and packaging of commodities (including vegetables, berries, and small fruits) and replace the section with language concerning the offering for sale and packaging of berries and small fruits. (4) Repeal the existing Indiana Code chapter concerning grades for sweet potatoes.

Paternity and child custody actions. Amends the circumstances under which the department of child services (DCS), or a prosecuting attorney on behalf of DCS, may file a paternity action as next friend of a child. Provides that a child who is the subject of: (1) a petition alleging that the child is a child in need of services (CHINS); or (2) a proceeding to terminate parental rights; may initiate a paternity action on the child's own behalf through the child's next friend. Specifies the basis for survival of orders of a court in a CHINS or delinquency action when a separate court has reciprocal jurisdiction over the child in a concurrent paternity action.

Parental consent for abortion. Requires the state department of health (state department) to create a consent form (form) for a physician to use before performing an abortion on an unemancipated pregnant minor (minor). Sets forth what the state department must include in the form. Requires a clear and convincing standard to be used if a juvenile court makes certain findings regarding a minor obtaining an abortion. Provides that a juvenile court may require a minor to participate in an evaluation and counseling session with a mental health professional before a juvenile court rules on a minor's petition. Provides criteria for a juvenile court to consider in determining if a minor is mature enough to make a decision regarding an abortion if the minor objects to having the written consent of her parent, legal guardian, or custodian, or if the parent, legal guardian, or custodian refuses to consent to an abortion. Makes technical corrections.