Indiana 2023 Regular Session All Bills (Page 12)

Page 12 of 91
IN

Indiana 2023 Regular Session

Indiana House Bill HB1194

Introduced
1/10/23  
Refer
1/10/23  
Report Pass
1/26/23  
Report Pass
2/2/23  
Engrossed
2/8/23  
Competency to stand trial. Provides that certain licensed individuals may examine a defendant and testify as to whether the defendant can understand the criminal proceedings and assist in the preparation of the defendant's defense. Allows a court to dismiss criminal charges, without prejudice, upon motion by either party, if: (1) a substantial probability does not exist that a defendant will attain competency restoration or if the defendant has not attained competency restoration after six months of restoration services; (2) the defendant has a certain diagnosis; and (3) the defendant is charged with a misdemeanor or Level 6 felony. Makes conforming changes.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1310

Introduced
1/11/23  
Small breweries. Allows a small brewery to receive, bottle, and package beer from another small brewery if certain requirements are met. Makes a conforming amendment.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0283

Introduced
1/11/23  
Refer
1/11/23  
Report Pass
2/6/23  
Engrossed
2/14/23  
Refer
2/28/23  
Report Pass
4/4/23  
Report Pass
4/11/23  
Enrolled
4/18/23  
Passed
5/4/23  
Chaptered
5/4/23  
Marion County road funding. Provides that at least 65% of the funds distributed to a county containing a consolidated city from the motor vehicle highway account (MVHA) shall be used for the construction, reconstruction, and preservation of highways by the county and the consolidated city respectively. (Current law provides that at least 50% of the funds distributed to a county or a municipality from the MVHA is to be used for the construction, reconstruction, and preservation of the county or municipality's highways.) Provides that, for purposes of determining the right of the consolidated city to receive a distribution of money from the MVHA based on population, the population of all the territory of the consolidated city is considered its population. Provides that, beginning in calendar year 2024, the consolidated city must use: (1) the entire amount distributed to the consolidated city from the MVHA that is attributable to the consolidated city's population in Wayne, Pike, and Decatur townships not included in the population of the fire special service district; and (2) an appropriation that is the greater of $8,000,000 or the amount of the distribution from the MVHA that is attributable to the consolidated city's population in Wayne, Pike, and Decatur townships not included in the population of the fire special service district in the previous year; for the construction, reconstruction, and preservation of the consolidated city's local streets and alleys. Requires the Indiana department of transportation (department) to: (1) conduct a study, with advisement from the consolidated city, to determine the asset condition of the consolidated city's former state highways; (2) appear before the interim study committee on roads and transportation during the 2023 legislative interim to provide testimony on the department's findings and observations from the study; and (3) not later than November 1, 2023, report the department's findings and observations to the interim study committee on roads and transportation.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0199

Introduced
1/10/23  
Complexity index within the school funding formula. Requires, for state fiscal years beginning after June 30, 2023, the state board of education to determine each school corporation's complexity index two times each year. Provides that the complexity index count dates coincide with the average daily membership count days. Allows a school corporation to request an adjustment to the school corporation's complexity index. Provides a maximum amount of money attributable to complexity index calculations that may be distributed for all school corporations in a particular state fiscal year.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1289

Introduced
1/11/23  
Fair and open competition for public works projects. Provides that a public agency may not do any of the following: (1) Require a potential bidder on a public works project to provide any information that the potential bidder considers confidential or proprietary as a requirement for the public agency finding the bidder to be a responsive or responsible bidder. (2) By rule, ordinance, or any other action relating to contracts for public works projects for which competitive bids are required impose any requirement that directly or indirectly restricts potential bidders to any predetermined class of bidders defined by experience on similar projects, size of company, union membership, or any other criteria. (3) Take certain actions based on a bidder's, offeror's, or contractor's entering into, refusing to enter into, adhering to, or refusing to adhere to an agreement with a labor organization.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1296

Introduced
1/11/23  
Physical custody and parenting time. Adds a rebuttable presumption in child custody proceedings that: (1) joint physical custody is in the best interests of the child; and (2) equal parenting time is in the best interests of the child. Provides that a court, in determining custody of a child, shall consider evidence that relocation of the child to an area outside the jurisdiction of the court is not in the child's best interests, unless written consent to the relocation is provided to the court by: (1) both parents of the child; and (2) the child's de facto custodian, if the court finds that the child has been cared for by a de facto custodian. Provides that the default joint physical custody or parenting time schedule is to alternate weekly physical custody of the child, unless the parents submit an alternative schedule that is approved by the court. Provides that a noncustodial parent is entitled to reasonable parenting time rights unless the court finds by clear and convincing evidence that parenting time might: (1) endanger the child's physical health and well-being; or (2) significantly impair the child's emotional development. Provides that if a court finds that granting parenting time to a noncustodial parent is not in the child's best interests, the court shall document the court's findings of fact and conclusions in writing and provide the written findings and conclusions to: (1) both parents of the child; and (2) the de facto custodian of the child, if the court finds that the child has been cared for by a de facto custodian. Provides that a court shall not restrict a parent's parenting time rights unless the court finds by clear and convincing evidence that the parenting time might endanger the child's physical health or significantly impair the child's emotional development. Provides that a court shall (rather than may, under current law) provide in a parenting time order or modification of a parenting time order for a security, bond, or other guarantee to secure enforcement of the parenting time order. Provides that a noncustodial parent may make up parenting time missed as the result of: (1) the noncustodial parent's: (A) active deployment in the armed forces of the United States; (B) active service in a state, county, or local law enforcement agency; (C) active service in a fire department; or (D) employment related trips or training; or (2) other factors the court considers to have directly impeded participation of the parent in parenting time. Provides that a noncustodial parent who is barred by a custodial parent from exercising parenting time rights granted to the noncustodial parent by a court may file for an injunction against the custodial parent in a court that has jurisdiction over a child custody proceeding with regard to the child. Provides that if a court: (1) issues an injunction or temporary restraining order with regard to a custodial parent's denial of court ordered parenting time to the child's noncustodial parent; and (2) finds that the custodial parent has, without justifiable cause, violated the injunction or temporary restraining order; the court may modify custody of the child.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0244

Introduced
1/11/23  
Surety bond for home improvement suppliers. Amends the statute governing residential real property improvement contracts (statute) to provide that before entering into a real property improvement contract (contract) after June 30, 2023, and throughout the duration of the contract, a real property improvement supplier (supplier) must be covered by a surety bond in the amount of $50,000. Provides that the bond must be payable to the state and must secure the payment of restitution to a person aggrieved by a violation of the statute by the supplier. Provides that the terms of a contract entered into after June 30, 2023, between a supplier and a consumer must include the name of the issuer of the supplier's bond, along with the bond number or similar identifier. Amends provisions concerning a consumer's right to cancel a contract to provide that a consumer may cancel a contract before midnight on the third business day after the latest of the following occurs: (1) The date the contract is signed by the consumer and the supplier. (2) If applicable, the date the consumer receives written notice from the consumer's insurance company as to whether all or any part of the consumer's claim or the contract is a covered loss. (3) For a contract entered into after June 30, 2023, the date the supplier provides the consumer with the name of the issuer of the supplier's required bond, along with the bond number or similar identifier. (Current law provides that a consumer may cancel a contract before midnight on the third business day after the later of the following: (1) The date the contract is signed by the consumer and the supplier. (2) If applicable, the date the consumer receives written notice from the consumer's insurance company as to whether all or any part of the consumer's claim or the contract is a covered loss.)
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0262

Introduced
1/11/23  
Audit of election systems. Requires the secretary of state to enter into a contract with an independent forensic imaging company to conduct a complete canvass and a full forensic audit of the 2023 municipal general election and the 2024 general election in 10 randomly selected Indiana counties.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0291

Introduced
1/11/23  
Life insurance matters. Provides that, after a life insurance policy is issued, the insurer that issued the policy shall not materially change: (1) the method of calculating the cash surrender value of the policy; or (2) any other regulated benefit of the policy; in a manner that was not specified in the policy when the policy was issued. Requires the insurance commissioner: (1) to disapprove an endorsement filed by the insurer that issued a life insurance policy if the endorsement would modify the method of calculating the cash surrender value of the policy; and (2) to rescind any approval of an endorsement allowing the modification of the method of calculating a life insurance policy's cash surrender that was granted before July 1, 2023, as having been inconsistent with law at the time the endorsement was granted. Allows an insurer to require an individual applying for a life insurance policy to provide any information known to the individual that is pertinent to the longevity risk posed by the individual, including information resulting from genetic testing or screening regarding the individual's susceptibility to future health conditions. However, provides that: (1) a life insurance policy shall not be underwritten on the basis of a requirement that the applicant or insured individual undergo genetic testing or screening; and (2) the issuance of a life insurance policy shall not be conditioned on the requirement that the applicant or insured individual undergo genetic testing or screening.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1253

Introduced
1/11/23  
Overtime compensation. Provides that, after December 31, 2023, certain employees must be paid compensation for employment in certain circumstances at a rate not less than 1.5 times the regular rate at which the employee is employed and, under certain circumstances, not less than two times the regular rate at which the employee is employed.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0266

Introduced
1/11/23  
Refer
1/11/23  
Report Pass
2/9/23  
Engrossed
2/28/23  
Long acting reversible contraceptives. Requires a hospital that operates a maternity unit to ensure that a woman giving birth in the hospital has the option, if medically appropriate, of having a long acting reversible contraceptive placed after delivery and before the woman is discharged. Allows a hospital to be exempt from the requirement if the hospital has a faith based objection. Specifies that a hospital is not responsible for the costs of the contraceptive.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0288

Introduced
1/11/23  
Damages in wrongful death actions. Removes certain damage limitations in a wrongful death action if the act or omission that caused the death constituted a criminal act or certain tortious acts.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1284

Introduced
1/11/23  
Prohibition of race based hair discrimination. Prohibits race discrimination based on traits historically associated with race, such as hair texture and protective hairstyles.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1327

Introduced
1/12/23  
Refer
1/12/23  
Report Pass
1/26/23  
Engrossed
2/1/23  
Refer
2/27/23  
Report Pass
3/9/23  
Enrolled
3/15/23  
Passed
4/5/23  
Chaptered
4/5/23  
Accountancy. Defines "principal place of business". Requires a certified public accountant applying for an initial issuance of a certificate to have one year of experience. (Under current law, an applicant must have two years of experience.) Requires a licensee to hold a license in good standing to convert it to inactive or retired status. Provides that nothing in the statute precludes an inactive or retired status certified public accountant from: (1) providing uncompensated services; (2) participating in a government sponsored business mentoring program; (3) serving on the board of directors for a nonprofit or governmental organization; or (4) serving on a government appointed advisory board.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0292

Introduced
1/11/23  
Refer
1/11/23  
Report Pass
1/26/23  
Engrossed
2/21/23  
INPRS investments. Requires the board of trustees of the Indiana public retirement system (board) to make investment decisions with the primary purpose of maximizing the target rate of return on the board's investments. 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 nonpecuniary purposes. Specifies an exception. Requires the board to adopt a policy that ensures proxy voting and engagement is based primarily on maximizing the target rate of return on the board's investments. Provides certain guidelines and reporting requirements for proxy voting in relation to the administration of the public pension and retirement funds of the system.