2018 IFCL Legislative Summary

2018 Indiana Senate
IFCL Legislative Summary

These are the bills that have been at the center of our IFCL work this past legislative session. We are grateful to the lawmakers and groups that have partnered with us in our work at the Statehouse throughout this session. We believe now more than ever that a faith based organization, committed to bipartisanship, can flourish at the Indiana Statehouse. Our legislative priorities will always be Spirit-led as we work to create a more just and compassionate state for all of our Hoosier family.

SB 8: School curriculum- Requires each school corporation, charter school, and accredited nonpublic elementary school to include cursive writing in its curriculum. IFCL supported this legislation. Status: Passed Senate. No vote out of House Education Committee.

SB 9: Residence of individual in state tuition- Provides that an individual committed to an institution for individuals with a mental illness may state either of the following, but not both, as the individual’s residence for purposes of voting: (1) The address of the institution where the individual has been committed. (2) The address where the individual lives when the individual is not committed to an institution. (Under current law, such an individual does not gain residency in the precinct in which the institution to which the individual is committed is located.) IFCL supported this legislation. Status: Signed by Governor Eric Holcomb

SB 11: Eligibility for supplemental nutrition assistance- Beginning July 1, 2019, removes the 12 month limitation on receipt by certain individuals of supplemental nutrition assistance program (SNAP) benefits. Specifies that, beginning January 1, 2020, Indiana elects to opt out of the federal law prohibiting individuals convicted of certain drug offenses from receiving SNAP assistance if the individual meets specified conditions. Specifies that if the individual violates any terms of the probation, parole, community corrections, or reentry court program, the individual is ineligible for SNAP. IFCL supported this legislation. Status: Passed Senate. Amended into HB1317.

SB 13: Administration of overdose intervention drugs- Provides that community corrections officers and probation officers may administer an overdose intervention drug. Requires community corrections officers and probation officers to report the use of an overdose intervention drug to the emergency ambulance service responsible for reporting the use to the Indiana emergency medical services commission. Requires that persons permitted to administer an overdose intervention drug must receive education and training on drug overdose response and treatment, including the administration of an overdose intervention drug before the person may administer an overdose intervention drug. Provides civil immunity to community corrections officers and probation officers who administer an overdose intervention drug. Provides civil immunity to a person who has an agency relationship with a community corrections officer or probation officer who administers an overdose intervention drug. Makes conforming amendments. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.

SB15: Worker career enhancement tax credit- Provides a credit against state tax liability for an employer of an employee earning the federal or state minimum wage who completes a career enhancement training program. Provides that the amount of the credit is 50% of the difference between the employee’s annual compensation before and after the employee completes the program. IFCL supported this legislation. Status: Did not receive a hearing in Senate Pensions and Labor Committee.

SB 28: Nursing faculty loan repayment grant program- Establishes the nursing faculty loan repayment grant program (program) to increase the number of nursing faculty in Indiana. Requires the commission for higher education to administer the program. Establishes the nursing faculty loan repayment grant fund. Sets forth requirements for an individual to participate in the program. IFCL supported this legislation. Status: Passed Senate. Did not receive a hearing in House Ways and Means Committee.

SB 33: Houses of worship and firearms- Permits a person who may legally possess a firearm to possess a firearm on school property, unless prohibited by the house of worship, if the person possesses the firearm: (1) as an employee or volunteer of a house of worship located on the school property; or (2) while attending a worship service or religious ceremony conducted at a house of worship. Excludes certain nonexclusive uses of school property from the statutory definition of “school property”. IFCL opposed this legislation. Status: Passed Senate. Not voted on by House.

SB 50: Governor’s workforce cabinet- Establishes the governor’s workforce cabinet. Specifies the membership and duties of the cabinet. Provides that the cabinet shall serve as the state advisory body required under certain federal laws. Provides that subject to the approval of the chairperson, the state personnel department, and the budget agency, the cabinet may employ professional, technical, and clerical personnel necessary to carry out its duties. Specifies that the cabinet is subject to the allotment system administered by the budget agency and financial oversight by the office of management and budget. Requires the cabinet to develop, not later than July 1, 2018, a comprehensive career navigation and coaching system for Indiana and requires all high schools to participate in the career coaching program. Requires the cabinet to conduct a regular review, analysis, and evaluation of all workforce related programs. Requires the cabinet to conduct a college and career funding review and submit, not later than November 1, 2018, to the governor and the legislative council a report concerning the results of the review. Requires the cabinet to study the advisability of establishing one or more real world career readiness programs that combine the theory of a particular career with workforce practice or application in order to provide students with career and technical education credentials necessary to transition from school to the workforce and submit, not later than November 1, 2018, to the governor and the legislative council a report concerning the results of the study. Repeals the state workforce innovation council. Assigns the council’s duties and obligations concerning post-secondary proprietary educational institution accreditation to the department of workforce development and all other council duties and obligations to the cabinet. Makes conforming amendments. Repeals obsolete definitions. IFCL opposed this legislation. Status: Signed by Governor Eric Holcomb.

SB 51: Expungement of addiction related offenses- Establishes a procedure to permit a person: (1) with an addiction disorder related conviction; and (2) who has completed a high intensity residential treatment program; to expunge the person’s addiction disorder related conviction. IFCL supported this legislation. Status: Passed Senate. Did not receive a hearing in Senate Rules and Legislative Procedure committee.

SB 62: Hospices and Medicaid- Requires the office of Medicaid policy and planning (office) to retain a recipient who participates in the Medicaid risk based managed care program (program) on the program if the recipient is approved to receive hospice services without losing Medicaid coverage. Specifies certain Medicaid. recipients may not participate in the Medicaid risk based managed care program. Requires reimbursement of the hospice provider through the program if the recipient participates in the program. IFCL supported this legislation. Status: Passed Senate. Passed House with amendments. Not reconciled in conference committee.

SB 68: Internet crimes investigation fund- Establishes the Internet crimes investigation fund (fund). Requires the state police department (department) to administer the fund and use money in the fund to: (1) pay for certain costs incurred by the department and directly related to crimes that involve the use of the Internet, including crimes against children that involve use of the Internet; and (2) award grants to county, city, and town law enforcement agencies that agree to use the money to investigate Internet crimes against children in accordance with United States Department of Justice Internet Crimes Against Children Operational and Investigative Standards. Requires the department to report to the legislative council before November 1, 2019, and before November 1 of each year thereafter concerning the uses of money in the fund and the programs and activities paid for by expenditures of money in the fund. IFCL supported this legislation. Status: No vote out of Senate Appropriations Committee. Did not receive a hearing in House Ways and Means Committee.

SB 121: Minimum wage- Increases the minimum wage paid to certain employees in Indiana as follows: (1) after June 30, 2019, from $7.25 an hour to $10 an hour; (2) after June 30, 2020, from $10 an hour to $13 an hour; and (3) after June 30, 2021, from $13 an hour to $15 an hour. Provides that after June 30,
2022, and each subsequent June 30, the hourly minimum wage increases at the same percentage as any increase in the Consumer Price Index for the preceding calendar year. Makes technical corrections and corresponding changes. Removes outdated language. IFCL supported this legislation. Status: Did not receive a hearing in Senate Pensions and Labor Committee.

SB 152: Survivor health benefits- Provides that, if the employer of a public safety officer who dies in the line of duty after June 30, 2018, offers health coverage for active employees, the employer shall offer to provide and pay for health coverage under the plan covering active employees for the surviving spouse and each natural child, stepchild, and adopted child of the public safety officer. Provides that health coverage for a surviving child continues: (1) until the child becomes 18 years of age; (2) until the child becomes 23 years of age, under certain circumstances; or (3) during the entire period of the child’s physical or mental disability; whichever period is longest. IFCL supported this legislation. Status: Passed Senate. Did not receive a hearing in House Insurance Committee.

SB 155: Deceased voters- Requires that an absentee ballot marked and forwarded by a voter who subsequently dies must be counted if the absentee ballot would otherwise be entitled to be counted if the voter had not died. IFCL supported this legislation. Status: Passed Senate. Did not receive a hearing in House Elections and Apportionment Committee.

SB 172: Computer science- Establishes the next level computer science grant program and the next level computer science fund to award grants, after June 30, 2019, to eligible entities to implement teacher professional development programs for training in teaching computer science. Requires the department of education to: (1) administer the program and fund; and (2) develop, in consultation with the governor’s office, guidelines to award grants from the fund to eligible entities. Requires, not later than August 1, 2018, the state superintendent of public instruction to enter into a contract for professional development services. Requires the department to biannually submit a progress report to the governor regarding the: (1) development and administration of the program and fund; and (2) status of public schools in meeting computer science curriculum requirements. Provides that, if the department does not comply with the requirements regarding the program and fund, the state board of education shall assume the department’s duties. Requires (beginning July 1, 2021) each public school to offer a computer science course as a one semester elective course in its curriculum at least once each school year to high school students. Requires (beginning July 1, 2021) each public school to include computer science in the public school’s science curriculum for students in kindergarten through grade 12. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.

SB 207: Homeowners associations and solar power- Prohibits a homeowner’s association from adopting or enforcing certain rules, covenants, declarations of restrictions, and other governing documents concerning solar energy systems after June 30, 2018. IFCL supported this legislation. Status: Passed Senate. Did not Receive a hearing in House Judiciary Committee.

SB 217: Dyslexia- Requires the following: (1) A school multidisciplinary team must include information about dyslexia in a student’s educational evaluation if the multidisciplinary team determines that the student is eligible to receive special education and related services and has or has characteristics of dyslexia. (2) Information about dyslexia must be: (A) discussed by the student’s case conference committee if information about dyslexia is included in the student’s educational evaluation; and (B) included in the student’s individualized education program if the case conference committee determines that the information should be included. Provides that a school corporation and charter school’s reading plan shall include indicators to screen for risk factors of dyslexia, using a screening tool approved by the department of education (department). Requires school corporations and charter schools to: (1) use the response to intervention process to address needs of students who are determined to have characteristics of dyslexia; and (2) obtain parental consent before administering a level I dyslexia screening or a level II dyslexia screening. Provides that dyslexia interventions may include certain types of instruction. Requires school corporations and charter schools to report annually to the department regarding the number of students who were: (1) administered the initial dyslexia screening during the school year; and (2) determined to be at risk, or at some risk, for dyslexia. Requires a school corporation and charter school to report on the school corporation’s or charter school’s Internet web site certain information regarding dyslexia. Requires, not later than July 1, 2019, the department to employ at least one reading specialist trained in dyslexia. Requires, not later than the 2019-2020 school year, each school corporation and charter school to employ at least one individual to serve as an authorized reading specialist trained in dyslexia for the school corporation or charter school. Provides that a school corporation or charter school may receive a waiver from hiring an authorized reading specialist trained in dyslexia in certain circumstances. Requires, not later than the 2019-2020 school year, the department to ensure that each teacher receives professional awareness information on dyslexia. Requires the department to develop and update an Indiana dyslexia resource guide. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.

SB 232: Access to food program- Establishes the access to nutritious food program (program) under the administration of the Indiana housing and community development authority (IHCDA). Provides that the purpose of the program is to focus on: (1) distribution of fresh and nutritious food; and (2) education in food preparation and nutrition in food deserts. Defines “food desert”. Requires the IHCDA to convene an annual meeting to share best practices and information concerning effective programs and submit an annual report to the lieutenant governor and legislative council. IFCL supported this legislation. Status: Passed Senate. Did not receive a hearing in House Ways and Means Committee.

SB 233: Foster parent bill of rights – Requires the department of child services (department), in collaboration with: (1) current foster parents; (2) child placing agencies; and (3) other individuals and organizations with expertise in foster care services; to develop and update a statement of the rights of a foster parent. Requires that the statement of the rights of a foster parent summarize the rights and responsibilities of a foster parent. Requires the department to distribute and publish on the department’s Internet web site the statement of the rights of a foster parent. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.

SB 250: Absentee voting- Permits a voter who is qualified to vote in person to vote by absentee ballot. Removes all other qualifications for a voter to vote by absentee ballot except for a voter with disabilities who is unable to make a voting mark on the ballot or sign the absentee ballot secrecy envelope. (Such a disabled voter is currently required to vote before an absentee voter board.) IFCL supported this legislation. Status: Passed Senate. Did not receive a hearing in House Elections and Apportionment Committee.

SB 264: Rape kits. – Defines “kit” as the standard medical forensic examination kit for victims of a sex crime developed by the state police department. Requires the statewide sexual assault response team advisory council (council) to prepare a report regarding: (1) the feasibility of creating a kit tracking and testing data base; (2) the identity of the supervising agency or entity responsible for creating, operating, managing, and maintaining the kit tracking and testing data base; and (3) possible sources of funding for the kit tracking and testing data base. Requires the council to submit a report to the legislative council in an electronic format not later than December 1, 2018. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.

SB 275: Old forest areas in state forests- Requires the department of natural resources (department), before January 1, 2019, to designate at least one undivided area comprising at least 30% of each state forest as an old forest area. Provides that, wherever possible, the size of a designated old forest area must be at least 500 acres. Sets forth certain purposes to guide the department in designating the old forest areas. Prohibits the department from conducting or allowing timber management in the old forest areas. Requires the department to produce and keep on file maps and legal descriptions of the designated old forest areas. Provides that the designation of the old forest areas may not affect hunting, fishing, and other recreational uses of the state forests, the maintenance of access roads in the state forests, or rights of access through the state forests. IFCL supported this legislation. Status: Did not receive a hearing in Senate Natural Resources Committee.

SB 286: SPEC study of Indiana environmental policy- Requires the Indiana University School of Public and Environmental Affairs (SPEA) to assess the potential for development of low-carbon and green industries in Indiana and the job creation, economic growth, and wealth generation that could result for Indiana communities from the development of these industries. Requires SPEA to report the results of its assessment to the legislative council not later than December 1, 2018. IFCL supported this legislation. Status: Passed Senate. Did not receive a hearing in House Environmental Affairs Committee.

SB 325: Small loan finance charges- Changes the current incremental finance charge limits that apply to a small loan to a maximum annual rate. Prohibits certain acts with respect to financing of a small loan and makes a violation a deceptive act and subject to penalties. IFCL supported this legislation. Status: Did not receive a hearing in Senate Insurance and Financial Institutions Committee.

SB 326: Redistricting standards- Establishes redistricting standards for congressional and state legislative districts. Provides that the initial proposed plans for congressional and state legislative districts must comply with the redistricting standards. Allows the general assembly, during the process by which the initial proposed plans become effective by being enacted as a law, to consider and adopt modifications to the initial proposed plans that deviate from the redistricting standards as long as the reason or reasons for each deviation are publicly explained and documented. IFCL supported this legislation. Status: Passed Senate. Did not receive a hearing in House Elections and Apportionment Committee.

SB 327: Election security, absentee voting counting- Makes the following changes concerning election security: (1) Permits a county election board to apply to the secretary of state (secretary) for reimbursement of expenditures made by the county to secure and monitor facilities where voting systems and electronic poll books are stored. Provides that, if the secretary, with the consent of the election division, approves the application, the county may be reimbursed for all or part of the expenditures. (2) Allows each absentee ballot to be assigned a unique tracking number using IMb Tracing or a similar automated tracking method to provide real-time tracking information for the ballot envelope. (3) Provides that the board is responsible for the security of ballot card voting systems, direct record electronic voting systems, and electronic poll books when they are not in use. (4) Provides that the required public tests for ballot card and direct record electronic voting systems must include testing to ascertain whether votes for straight party tickets and write-in candidates will be tabulated correctly. (5) Updates a reference to current federal standards regarding the “error rate” requirements for voting systems certified for use in elections. (6) Requires that each voting system be sealed with a uniquely numbered seal following each election for post-election auditing purposes. Specifies when voting systems and electronic poll books must be sealed and when they may be unsealed. (7) Authorizes a county election board to adopt, by a unanimous vote of the board’s entire membership, a resolution to establish a security protocol that includes an audit trail to detect unauthorized access to secure the voting systems and electronic poll books used in each election conducted in the county. Requires that the person or entity conducting the voting system technical oversight program and the election division be available to advise the board in the development of a security protocol. Provides that if a county election board adopts a security protocol, those protocols supersede the statutory protocols. (8) Provides that, whenever a county disposes of a voting system or electronic poll book, the board shall file a plan with the division documenting the disposal and obtain the approval of the division before disposing of the equipment. (9) Allows a vendor to sell, lease, or transfer an Indiana certified voting system or electronic poll book to: (A) an Indiana county; (B) the voter system technical oversight program (VSTOP); (C) a state or local government in the United States for the purpose of conducting elections in that jurisdiction; or (D) a political party in Indiana entitled to nominate candidates at a state or town convention for the limited purpose of conducting the nomination of candidates. (10) Requires that the administrator of the VSTOP maintain an inventory listing all voting systems and electronic poll books used in conducting elections in Indiana, including a unique serial number for each unit and the present location where each unit is ordinarily stored. Requires that boards regularly update the inventory listing maintained by VSTOP. (11) Requires that the VSTOP conduct random audits of electronic poll books and report whether the electronic poll books have been certified, programmed, and used in compliance with Indiana law. (12) Requires a board to report to the secretary not later than 48 hours after receiving notice from a federal, state, or local government agency that: (A) a voting system or electronic poll book has been improperly obtained or altered; or (B) the data concerning the county maintained in the statewide voter registration system has been accessed or altered by a person; in violation of Indiana law. (13) Provides that electronic poll book data must be retained on a server approved (rather than maintained) by a board. (14) Permits a vendor who has applied for certification of an electronic poll book, but has not yet received approval of the application, to market the electronic poll book at certain county and state meetings of election officials after providing notice to the division. Requires the vendor to display information concerning the poll book’s certification status at the meeting.(15) Requires absentee ballot counters at a central counting location in a county having a consolidated city that uses electronic poll books or that is a vote center county, at any time after 6 a.m. on election day and after the absentee ballots are processed and the electronic poll books updated, to count the absentee ballots. Allows any other county to use this procedure if the board unanimously adopts a resolution to do so. (16) Allows the signature review process to be conducted any time after an absentee ballot is received in a county having a consolidated city or in any other county in which the board unanimously adopts a resolution to do so. Allows, but does not require, absentee ballot counters at a central location in those counties to make findings concerning an absentee voter’s signature and that the voter is a qualified voter of the precinct for an absentee ballot cast in person. (17) Requires absentee ballot counters at a central location in a county having a consolidated city to continue to count without interruption until all absentee ballots that are not required to be remade and have been accepted by the counters are canvassed and the certificates of vote count are prepared and delivered. (18) Allows absentee ballots counted at a central location in a county having a consolidated city to be stored in the order in which the absentee ballots were counted and not in order by precinct. (19) Removes an obsolete reference. (20) Makes a technical correction. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb

SB 332: Protecting pets in distressed homes- Provides that: (1) an adult protective services unit conducting an investigation; or (2) a caseworker conducting an assessment; who observes, or has reason to believe, that an animal is a victim of animal cruelty, abandonment, or neglect may make a report to the local law enforcement agency or local animal control officer. Provides that: (1) an adult protective services unit; or (2) a caseworker; who makes a report of animal cruelty, abandonment, or neglect is immune from civil and criminal liability. IFCL supported this legislation. Status: Passed Senate. Did not Receive a hearing in House Judiciary Committee.

SB 381: Children in need services- Provides that a child who is: (1) a victim of certain offenses; and (2) unlikely to receive necessary care, treatment, or rehabilitation without the intervention of the court; is a child in need of services. Provides that a child who: (1) lives in the same household as an adult who committed an offense against another child who lives in the household that resulted in a conviction or judgment; or (2) lives in the same household as an adult who has been charged with an offense against another child who lives in the household and is awaiting trial; and is unlikely to receive necessary care, treatment, or rehabilitation without the intervention of the court is a child in need of services. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.

SB 397: Community mental health centers- Specifies the funding amounts that must be provided by counties to community mental health centers. Provides that a county’s maximum funding amount for a year is equal to the maximum funding amount for the previous year multiplied by the percentage change in the county’s general fund property tax levy, after subtracting circuit breaker credits (but provides that the maximum funding amount will not be less than the preceding year’s maximum funding amount). Phases-in this change in the case of Marion County. Requires the department of local government finance (DLGF) to verify the maximum appropriation calculation as part of the DLGF’s certification of the county’s budget. Specifies that the funding provided by a county to community mental health centers shall be used solely for: (1) the operations of community mental health centers serving the county; or (2) contributing to the nonfederal share of medical assistance payments to community mental health centers serving the county. Provides that unless otherwise agreed to by the county and the community mental health center, the county payment to the community mental health center shall be paid by the county treasurer to the treasurer of the community mental health center’s board of directors at least as frequently as semiannually (in July and in December). Provides that a county’s funding for community mental health centers shall be apportioned according to the proportion of: (1) the county’s population residing in the primary service area of each center that is certified by the division of mental health and addiction; to (2) the total population of the county. Deletes provisions requiring the county to pay the appropriated amounts to the division of mental health and addiction (the division). Deletes the provisions specifying how the payments to the division must be made. Repeals a provision allowing the appropriation of an additional amount under certain circumstances. Provides that the governing board of a community mental health center must include a member of a county fiscal body or a member of a board of county commissioners, appointed by the board of county commissioners of the county where the community mental health center maintains its corporate mailing address. Requires a community mental health center to provide an annual report to the division and to the fiscal body and board of county commissioners of each county located in the community mental health center’s primary service area. Specifies certain information that must be included in the annual report. Requires the division to review each annual report submitted by a community mental health center to determine whether the annual report is in the format required by the division and includes all information required by the division. Requires the division to provide an annual report containing certain information to the county fiscal body and board of county commissioners of each county. IFCL supported this legislation. Status: Passed Senate. Did not Receive a hearing in House Ways and Means Committee.

SB 416: Consumer credit code- Urges the legislative council to assign to an interim study committee, for study during the 2018 interim, the topic of revisions to the Uniform Consumer Credit Code. Sets forth issues for consideration by an interim study committee assigned this topic. IFCL opposed this legislation. Status- Passed Senate. Did not receive a hearing in House Financial Institutions Committee.

SB 418: Bias motivated crimes- Makes it an aggravating circumstance (for purposes of imposing a criminal sentence) that the crime was committed with the intent to harm or intimidate an individual because of certain perceived or actual characteristics of the individual. Requires law enforcement agencies to report bias motivated crimes to the Federal Bureau of Investigation. IFCL supported this legislation. Status: Not voted on in Corrections and Criminal Code Committee.

SB 419: Professional and occupational licenses. Provides that an agency or political subdivision may require verification of an individual’s eligibility for a professional or occupational license, by requiring the individual to verify under penalty of perjury that the individual is: (1) authorized by the federal government to work in the United States; and (2) executing the verification only for the purpose of applying for a professional or occupational license issued by the state agency or political subdivision. Provides that an individual who is authorized by the federal government to work in the United States is eligible for a professional or occupational license issued by a state agency or political subdivision if the individual meets all the requirements, other than the requirement under 8 USC 1621(a), to obtain or renew the professional or occupational license. Provides that a unit does not have the power to license, register, or certify a person to practice the person’s profession or occupation within the unit if the occupation or profession is subject to licensure, registration, or certification under the Indiana Code. Provides that this prohibition does not apply to: (1) registration for particular projects for the alteration, construction, demolition, or repair of a building or other work on real property required under an ordinance or rule adopted under local government law; (2) the ability to revoke, suspend, or impose additional conditions on a permit or registration previously given if the person holding the permit or registered has performed substandard work or has otherwise violated any condition of the permit or registration; or (3) when the unit determines the establishment and enforcement of health and safety standards for the occupation or profession is appropriate and necessary to protect the public. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.

2018 Indiana House of Representatives
IFCL Legislative Summary

These are the bills that have been at the center of our IFCL work this past legislative session. We are grateful to the lawmakers and groups that have partnered with us in our work at the Statehouse throughout this session. We believe now more than ever that a faith based organization, committed to bipartisanship, can flourish at the Indiana Statehouse. Our legislative priorities will always be Spirit-led as we work to create a more just and compassionate state for all of our Hoosier family.

HB 1007: Mental Health Access- Requires the office of Medicaid policy and planning to implement a centralized credentials verification organization and credentialing process. Allows the division of mental health and addiction (division) to grant approval for nine additional opioid treatment programs that: (1) are operated by a hospital; and (2) meet other specified requirements; if the division determines that there is a need for the program in the proposed location. Provides that mental health and addiction forensic treatment services may be administered or coordinated only by a provider certified by the division or licensed by the Indiana professional licensing agency to provide mental health and addiction treatment. (Under current law, a provider may provide services only if the provider is certified or licensed by the division.) Requires the division to establish best practice guidelines to assist employers with certain employees who agree to participate in a drug education and addiction treatment program. Requires the division to: (1) promote voluntary participation; (2) develop and deliver informational resources and training for employers; and (3) collect information and prepare an annual report. Provides that if an employer and employee comply with certain requirements, the employer is not liable in a civil action alleging negligent hiring for negligence of the employee. Provides that in certain civil actions, an employer’s participation in the program is not admissible as evidence. Establishes new temporary permits for certain individuals who are pursuing required clinical supervisory hours needed for licensure. Allows clinical social work experience hours obtained under a temporary permit to be counted to supervise work experience requirements if certain conditions are met. Provides that the temporary permits are not renewable. Requires certain policies of accident and sickness insurance to provide coverage for substance abuse or chemical dependency treatment provided by: (1) an addiction counselor; and (2) a marriage and family therapist. Requires: (1) an accident and sickness insurer; and (2) a health maintenance organization; to provide provisional credentialing to a provider for which a credentialing determination is not completed in at least 30 days if certain requirements are met. Urges the legislative council to assign to an appropriate interim study committee the task of studying the impact that opioid treatment programs have on the neighborhoods and communities in the immediate area of the opioid treatment programs. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.

HB 1016: Student journalism- Provides freedom of speech and freedom of press protections for grades 7 through 12 and state educational institution student journalists. Requires each school corporation and charter school to adopt a policy concerning student journalist protections. Requires a student media adviser to, each school year, supervise student journalists in grades 7 through 12 in the creation of certain school sponsored media policies. Provides that a public school or school corporation may not suppress school sponsored media unless certain conditions apply. Provides that public schools, school corporations, and state educational institutions are immune from civil liability for any injury resulting from school sponsored media produced by a student journalist, except for acts or omissions that constitute gross negligence or willful, wanton, or intentional misconduct. IFCL supported this legislation. Status: Failed in House for lack of constitutional majority.

HB 1022: Right to carry a handgun- Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Specifies that certain persons who are not otherwise prohibited from carrying or possessing a handgun are not required to obtain or possess a license or permit from the state to carry a handgun in Indiana. Prohibits certain individuals from knowingly or intentionally carrying a handgun. Creates the crime of “unlawful carrying of a handgun”. Provides that a prohibited person who knowingly or intentionally carries a handgun commits a Class A misdemeanor. Specifies that the unlawful carrying of a handgun is a Level 4 felony when a person: (1) is less than 23 years of age; and (2) has an adjudication as a delinquent child for an act described by IC 35-47-4-5 (unlawful possession of a firearm by a serious violent felon). Allows a resident of Indiana who wishes to carry a firearm in another state under a reciprocity agreement entered into by Indiana and the other state to obtain from the superintendent of the state police department a reciprocity license. Provides that a reciprocity license is valid for five years. Requires law enforcement agencies to make use of certain data bases when issuing handgun licenses. Makes conforming amendments. IFCL opposed this legislation. Status: Did not receive a hearing in House Public Policy Committee.

HB 1052: Monetary award for exonerated prisoners- Provides that a person whose conviction is vacated on the basis of DNA evidence is entitled to compensation in the amount of $25,000 for each year that the person was wrongfully incarcerated in the department of correction. Establishes the DNA exoneration fund, appropriates $200,000 to the fund, and specifies that the attorney general shall administer the fund and receive and investigate claims for compensation from the fund. IFCL supported this legislation. Status: Did not receive a hearing in House Courts and Criminal Code Committee.

HB 1065: High speed internet service- Authorizes the office of community and rural affairs (office) to award grants to qualified broadband providers in connection with qualified broadband projects involving the deployment of infrastructure to provide qualified broadband service in unserved areas in Indiana. Defines “qualified broadband service” as a connection to the Internet at an actual speed of at least 10 megabits per second downstream and at least one megabit per second upstream, regardless of the technology used. Defines an “unserved area” as a geographic area in Indiana in which there is not at least one provider of terrestrial broadband service at the designated speeds. Provides that grants shall be made from the rural economic development fund. Provides that in awarding grants, the office shall give priority to first extending the deployment of qualified broadband service to areas in which: (1) Internet connections are unavailable; or (2) the only available Internet connections provide for an actual speed of less than 10 megabits per second downstream. Sets forth factors that the office must consider in determining whether to award a grant. Sets forth conditions that apply to the awarding of grants. Requires the office to adopt guidelines to implement these provisions and authorizes the office to collaborate with state agencies and political subdivisions in adopting the guidelines and administering grants. Repeals the statute establishing the high speed Internet service deployment and adoption initiative administered by the Indiana economic development corporation. Repeals the statute establishing the Indiana broadband development program administered by the Indiana finance authority. Amends the Indiana Code section that allows a holder of video service franchises issued by the utility regulatory commission (IURC) to apply to the IURC for direct marketing authority in a service area served by the holder to specify that such authority includes the authority to market directly to all businesses, as well as all households (as set forth in current law), in the service area. Directs the IURC to study certain topics regarding universal service reform and broadband services in Indiana and issue a report to the interim study committee on energy, utilities, and telecommunications before October 1, 2018. IFCL supported this legislation. Status- Signed by Governor Eric Holcomb

HB 1073: Child care location and safety- Child care location and safety. Includes other weapons among the items that must be inaccessible to children in the care of certain child care providers, and amends accordingly the child care law concerning the list of imminent threats to children. Allows the division of family resources to waive the one-year period after revocation during which a person may not apply for or be granted another license. Requires a child care provider to provide documentation from the county, city, or town that: (1) the child care provider meets all requirements of any applicable local ordinances; or (2) a business permit or license is not required by a local ordinance. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb

HB 1080: Central Indiana public transportation projects- Repeals the prohibition that prevents certain counties from: (1) purchasing; (2) leasing; (3) acquiring; (4) constructing; or (5) operating a light rail project. IFCL supports this legislation. Status: Passed House. Did not receive floor vote in Senate.

HB 1091: Information for prospective adoptive parents- Requires the licensed child placing agency or local office that will conduct an inspection and submit a report to the court concerning a petition to adopt a child to provide and explain to a child’s current foster parent and prospective adoptive parent a document containing contact information for individuals employed by the licensed child placing agency or local office in a supervisory capacity. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.
HB 1094: Animal cruelty- Increases the offense level for certain animal cruelty crimes. Provides that a person who recklessly, knowingly, or intentionally tethers a dog under certain circumstances while the dog is in the person’s care, custody, or control commits unlawful tethering of a dog, a Class C misdemeanor. Amends and creates certain definitions for offenses relating to animals. Makes conforming amendments. IFCL supported this legislation. Status- Did not receive a hearing in House Criminal Code Committee.

HB 1117: Nursing facility Medicaid reimbursement rates- Requires the office of Medicaid policy and planning to use the report card score published by the state department of health on June 30, 2017, to establish the nursing facility report card score measure of the nursing facility total quality score in determining reimbursement rates to nursing facilities for services provided to Medicaid recipients for the July 1, 2018, rate effective date. IFCL supported this legislation. Signed by Governor Eric Holcomb.

HB 1133: Addiction teams and Medicaid- Establishes Medicaid reimbursement, including reimbursement under the healthy Indiana plan, for addiction treatment teams. Specifies providers and services that must be included as part of an addiction treatment team. Allows addiction treatment teams to provide services in temporary locations and mobile units in specified conditions. IFCL supported this legislation. Status: Did not receive hearing in House Public Health Committee.

HB 1134: Drug addiction work recovery program- Drug addiction workforce recovery program. Requires the division of mental health and addiction (division) to establish a drug addiction workforce recovery program (program). Provides that the program is to assist employers who have recently hired or offered to hire individuals who are qualified for employment with the employer and have failed an initial drug screening, to employ the individual if the individual agrees to participate in a drug education and addiction treatment program as a condition of employment. Establishes requirements for the program. Provides that the division may allow an employer to deduct from the employee’s wages to pay for a part of the employee’s drug education and addiction treatment services if the employee has assigned the wages. Requires that the department of workforce
development and the state department of health shall assist the division in administering the program. Provides that if an employer and employee comply with the program, the employer is not liable in a civil action alleging negligent hiring for negligence of the employee. Provides that in certain civil actions an employer’s participation in the program is not admissible as evidence. Allows the department of workforce development to develop an incentive program for employers who participate in the program. IFCL supported this legislation. Status: Did not receive hearing in House Ways and Means Committee.

HB 1141: Community mental health center funding- Specifies the funding amounts that must be provided by counties to community mental health centers. Provides that a county’s maximum funding amount for a year is equal to the maximum funding amount for the previous year multiplied by the percentage change in the county’s general fund property tax levy, after subtracting circuit breaker credits (but provides that the maximum funding amount will not be less than the preceding year’s maximum funding amount). Phases-in this change in the case of Marion County. Requires the department of local government finance (DLGF) to verify the maximum appropriation calculation as part of the DLGF’s certification of the county’s budget. Specifies that the funding provided by a county to community mental health centers shall be used solely for: (1) the operations of community mental health centers serving the county; or (2) contributing to the nonfederal share of medical assistance payments to community mental health centers serving the county. Provides that unless otherwise agreed to by the county and the community mental health center, the county payment to the community mental health center shall be paid by the county treasurer to the treasurer of the community mental health center’s board of directors at least as frequently as semiannually (in July and in December). Provides that a county’s funding for community mental health centers shall be apportioned according to the proportion of: (1) the county’s population residing in the primary service area of each center that is certified by the division of mental health and addiction; to (2) the total population of the county. Deletes provisions requiring the county to pay the appropriated amounts to the division of mental health and addiction (the division). Deletes the provisions specifying how the payments to the division must be made. Repeals a provision allowing the appropriation of an additional amount under certain circumstances. Provides that the governing board of a community mental health center must include a member of a county fiscal body or a member of a board of county commissioners, appointed by the board of county commissioners of the county where the community mental health center maintains its corporate mailing address. Requires the annual report by a community mental health center to be made to the division of mental health and addiction (division) and to the fiscal body and the board of county commissioners of each county located in the community mental health center’s primary service area. (Under current law the report is made only to the county fiscal body.) Specifies certain information that must be included in the annual reports provided by community mental health centers. Requires the division to specify the format of the annual reports that must be provided by community mental health centers. Requires the division to provide an annual report containing certain information to the county fiscal body and board of county commissioners of each county. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.

HB 1165: School buses-M Requires a governing body seeking to purchase a school bus or special purpose bus to request information concerning the cost of purchasing a school bus or special purpose bus equipped with 3-point lap and shoulder safety belts. Requires the governing body to hold a public hearing on the costs and benefits of purchasing a school bus or special purpose bus with 3-point lap and shoulder safety belts before voting on whether to purchase a school bus or special purpose bus equipped with 3-point lap and shoulder safety belts. Allows a school corporation to use a portion of a grant from the safe school’s fund or the secured school fund toward purchase or equipping school buses and special purpose buses with safety equipment. Requires each occupant of a school bus or special purpose bus that has a 3-point lap and shoulder safety belt to have the 3-point lap and shoulder safety belt properly fastened about the occupant’s body at all times when the bus is in motion. Provides for an exception to the laws concerning other types of passenger restraint systems. Makes an appropriation. IFCL supported this legislation. Status: Did not receive a hearing in House Ways and Means Committee.

HB 1191: Suspected human trafficking- Removes the requirement that a licensed health practitioner report that an adult patient is a suspected victim of human trafficking to a local law enforcement agency. Requires a licensed health practitioner to provide information concerning available resources and services to a patient who is a suspected victim of human trafficking IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.

HB 1253: Voter maintenance list- Adds a requirement that the circuit court clerk permanently retain the minutes of all meetings of the county election board. Requires the county voter registration office to scan a paper document that creates, amends, or cancels an individual’s voter registration record and attach the scanned image to the voter’s file in the computerized list. Codifies current administrative procedures (“confidence factors”) used by the Indiana election division to determine which potentially duplicate voter registration records to provide to county voter registration offices to assist the county in determining whether a voter of the county has registered more recently in another state. Requires the county voter registration office to retain a voter’s paper registration records associated with the address at which the voter is registered to vote until all of the following are satisfied: (1) The voter’s registration at the address stated in the voter’s registration application has been cancelled. (2) The general election immediately following the cancellation of the voter’s registration has occurred. (3) Twenty-four months have elapsed following the general election. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.

HB 1314: Students in foster care and homeless students- Students in foster care and homeless students. Requires the state board of education to, in collaboration with the department of education (department) and the department of child services, annually prepare and submit the following: (1) A report on foster care youth educational outcomes. (2) A report on homeless youth educational outcomes. Requires the department to develop and submit a copy of the following: (1) A remediation plan concerning foster care youth. (2) A remediation plan concerning homeless youth. Requires certain information regarding students in foster care to be included in a school corporation’s annual performance report. Requires the department and the department of child services to enter into a memorandum of understanding that, at a minimum, requires the department of child services to share with the department, at least one time each month, disaggregated information regarding youth in foster care that is sufficient to allow the department to identify students in foster care. Repeals, for purposes of provisions concerning the transportation of a homeless student to a school of origin, a provision that provides “homeless student” includes a student who is awaiting placement in foster care. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.

HB 1317: Health matters- Provides that a pharmacy or pharmacist has a right to provide individuals with information concerning the individual’s cost share for a prescription drug. States that a pharmacy or pharmacist cannot be proscribed by a third party administrator, a health insurer, or a health maintenance organization from discussing the information or from selling to the individual a more affordable alternative. Prohibits a copayment for a drug under the state employee health plan, an accident and sickness insurance policy, or a health maintenance organization contract from exceeding the amount payable to the pharmacy for the drug under an agreement with the pharmacy. Provides that changes to the designated coverage area of an area agency on aging may not be made until after a public hearing is held and one year elapses from the date of the hearing. Provides that the definition of “community and home care services” includes services, not covered by Medicaid, necessary to prevent individuals with intellectual or developmental disabilities from being institutionalized and to help such individuals to transition out of health care facilities or group homes. Requires the community and home options to institutional care for the elderly and disabled (CHOICE) board to review proposed rules concerning the CHOICE program and removes the time requirement for the review. (Current law requires review of proposed rules concerning home and community based services at least three months before the rule may be published.) Removes provisions concerning the CHOICE board setting a public comment period. Requires the office of the secretary of family and social services to study service provider and systems point of entry reimbursement rates for recipients of early intervention services. Beginning July 1, 2019, removes the 12-month limitation on receipt by certain individuals of supplemental nutrition assistance program (SNAP) benefits. Specifies that, beginning January 1, 2020, Indiana elects to opt out of the federal law prohibiting individuals convicted of certain drug offenses from receiving SNAP assistance if the individual meets specified conditions. Specifies that if the individual violates any terms of the probation, parole, community corrections, or reentry court program, the individual is ineligible for SNAP. Requires the office of the secretary of family and social services to study reimbursement rates and the methodology for case management services for recipients of certain Medicaid waivers. Provides that any new rates as a result of a study: (1) may not take effect until January 1, 2019, or be applied retroactively; and (2) must be approved through a Medicaid waiver amendment. Requires the board of pharmacy to adopt rules concerning tele pharmacy under the laws regulating remote dispensing facilities. Exempts from the law regulating pharmacists and pharmacies the delivery of peritoneal renal dialysis related supplies by manufacturers, third party logistic providers, and wholesale drug distributors in certain circumstances. Removes that an occupant of a property was afflicted with or died from a disease related to human immunodeficiency virus (HIV) from the definition of “psychologically affected property”. Urges the legislative council to assign to an appropriate interim study committee the task of studying the impact that joining the nurse licensure compact would have on the delivery of nursing services to residents of Indiana. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.

HB 1319: Small loans and unsecured consumer installment loans- Small loans and unsecured consumer installment loans. Authorizes a lender that is licensed by the department of financial institutions (department) to make small loans under the Uniform Consumer Credit Code (UCCC) to make unsecured consumer installment loans under the same license. Defines an “unsecured consumer installment loan” as a loan: (1) with a principal amount that is: (A) more than $605 and not more than $1,500; and (B) payable in three or more substantially equal periodic payments; and (2) in which the lender holds one or more checks of the borrower for a specific period, or receives the borrower’s authorization to debit the borrower’s account on one or more occasions for a specific period, before the lender deposits the check or debits the account. Amends the UCCC chapter governing small loans to establish the following with respect to unsecured consumer installment loans: (1) An authorized finance charge and monthly maintenance fee. (2) A $25 returned check fee. (3) Mandatory consumer disclosures, including the inclusion in the mandatory consumer pamphlet of information about the 211 telephone dialing code. (4) An annual fee assessed on lenders of $1,000 per license and $1,000 per Indiana branch location, for the department’s use in supporting financial education programs. (5) A requirement that the loan term be at least three months but not more than 12 months. (6) Restrictions with respect to consecutive unsecured consumer installment loans. (7) Lending prohibitions based on a borrower’s monthly gross income. (8) Provisions concerning a lender’s duties upon payments made by a borrower. (9) Prohibitions against prepayment penalties and loan renewals. (10) Prohibitions against a borrower having: (A) a small loan and an unsecured consumer installment loan; or (B) more than one unsecured consumer installment; outstanding at the same time. (11) Permissible and prohibited remedies upon a borrower’s default. (12) Remedies and damages for violations by licensees and unlicensed persons. (13) Prohibited acts by a lender. Removes from the chapter governing small loans and unsecured consumer installment loans provisions specifying a reference base index for use by the department in adjusting specified dollar amounts designated as subject to change. Makes conforming adjustments to specified dollar amounts in provisions concerning small loans. IFCL opposed this legislation. Status: Passed House. No vote out of Senate Commerce and Technology Committee.

HB 1344: Pregnancy and childbirth discrimination- Prohibits an employer from discriminating against an employee who has a condition related to pregnancy or childbirth. Requires an employer to provide reasonable employment accommodations for an employee who has a condition related to pregnancy or childbirth. Requires the civil rights commission to investigate complaints and attempt to resolve complaints. Provides a right of action. Makes technical corrections. IFCL supported this legislation. Status: Did not receive a hearing in Employment, Labor and Pensions Committee.

HB 1359: Drug dealing resulting in death- Makes manufacturing or dealing certain controlled substances resulting in the death of a user: (1) a Level 1 felony if the controlled substance is cocaine, methamphetamine, or a schedule I, II, or III controlled substance; (2) a Level 2 felony if the controlled substance is a schedule IV controlled substance; and (3) a Level 3 felony if the controlled substance is a schedule V controlled substance or a synthetic drug or synthetic drug lookalike substance. Makes conforming amendments. IFCL opposed this legislation. Status: Signed by Governor Eric Holcomb

HB 1382: Study of pharmacy deserts- Defines “pharmacy desert”. Urges the legislative council to assign topics to a study committee concerning pharmacy deserts in rural and urban areas of Indiana. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.

HB 1388: Paid sick leave- Provides that certain employers shall provide paid sick leave to employees of one hour of paid sick leave for every 30 hours of employment, up to a maximum of 40 hours of paid sick leave a year. Provides that the commissioner of labor shall enforce paid sick leave for employees and shall adopt rules to implement paid sick leave. IFCL supported this legislation. Status: No vote out of House Employment, Labor and Pensions Committee.

HB 1390: 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. IFCL supported this legislation. Status: No vote out of House Employment, Labor and Pensions Committee.

HB 1426: Education matters- Urges the legislative council during the 2018 through 2020 interims to assign to the education interim study committee the task of studying issues relating to a school corporation’s ability to provide adequate career counseling to students. Requires the state board of education (state board) to establish one standard Indiana diploma for individuals who successfully complete high school graduation requirements. (Current law establishes four different diplomas.) Provides that each Indiana diploma must include one of the following designations: (1) General designation. (2) Core 40 designation. (3) Core 40 with academic honors designation. (4) Core 40 with technical honors designation. Requires the state board to create an alternate diploma for students with significant cognitive disabilities. Requires, in adopting Core 40 curriculum models, the state board to consider math course requirements other than Algebra II. Requires the state board to adopt rules to establish: (1) math course requirements; and (2) science course requirements; for the Core 40 curriculum models. Provides that the graduation examination shall be administered until the 2019-2020 school year. Provides that, for each school year beginning after June 30, 2021, a high school shall administer as part of the statewide assessment a nationally recognized college entrance exam. Eliminates the requirement of end of course assessments to be administered as part of the statewide assessment program. Provides that if the state board determines that no nationally recognized college entrance exam assesses a given high school subject that is required, the state board may select another type of assessment, including an end of course assessment, for that subject. Resolves a conflict in a provision that requires the state board to develop guidelines to assist secondary schools to identify students likely to require remediation. Eliminates a requirement that a student must take a college and career readiness examination if the student is identified under the guidelines developed by the state board to likely be in need of remediation. Provides that certain statewide assessments must use a scale score that will ensure the statewide assessment scores are comparable to assessment scoring used as part of the ISTEP program, before its expiration. Adds a provision to the list of purposes for which a charter school may limit new admissions to the charter school. Repeals provisions that: (1) require the state board to design a high school diploma for the high school fast track program; and (2) establish a subcommittee to make recommendations regarding diplomas and certain course requirements and develop the requirements for a career and technical education diploma. Makes conforming amendments. Specifies that certain provisions of SEA 354-2018 take effect upon passage instead of taking effect on July 1, 2018. IFCL supported this legislation. Status: Signed by Governor Eric Holcomb.

Indiana Friends Committee on Legislation
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