Sen. Phil Boots

Maddy summaryThis is a ceremonial Senate Resolution (SR 1) honoring Senator Brandt Hershman for his retirement after serving District 7 in the Indiana State Senate since 2000. The resolution formally expresses the Senate's gratitude for his service, highlighting his leadership roles (including Majority Floor Leader and Committee Chair) and his work on tax policy improvements. The key mechanism is directing the Senate Secretary to send a copy of the resolution to Senator Hershman and his wife. It does not create new laws or affect any policy, as it is purely a symbolic gesture of appreciation.

Provides that the gasoline use tax rate during the period beginning on the first day following the enactment into law of the bill and continuing through June 30, 2023, is capped at $0.295 per gallon. Provides, however, that if the gasoline use tax rate as determined under current law for a month is less than $0.295 per gallon, the lesser tax rate shall apply. Provides a temporary sales tax exemption for six monthly billing cycles during which the sale of utilities to residential customers and the sale of intrastate telecommunication services to residential customers are exempt from the state sales tax. Defines "residential customer" for purposes of the exemption. Requires the power subsidiary or person that furnishes or sells the services to provide to each customer on the customer's billing statement a notice that the state sales tax that otherwise would be applied is not applied in accordance with the enactment of the bill. Freezes the gasoline excise tax and the special fuel tax rates beginning on the first day following the enactment into law of the bill and continuing through June 30, 2023, at the rates that were in effect on June 30, 2022. Eliminates the annual index factor during this period. Specifies that beginning July 1, 2023, the tax rates shall be determined as if the rates had not been frozen during the 2023 state fiscal year. Appropriates $17,700,000 from the state general fund to the auditor of state to make transfers to counties, cities, and towns equal to the amount of gasoline excise tax and special fuel tax that each county, city, and town would have otherwise received if the rates had not been frozen during the 2023 state fiscal year. Requires the revenue transferred to the counties, cities, and towns to be used for the purposes for which revenue from those tax rates may be used under applicable law. Appropriates an amount for transfer to the capital reserve account after June 30, 2023, based on a determination by the budget agency of the difference between: (1) $1,000,000,000; and (2) the actual fiscal impact to the state of Indiana in state fiscal year 2023 as a result of the enactment of certain provisions being proposed in Senate Bill 2 and Senate Bill 3. Appropriates $400,000,000 from the state general fund to the budget agency for transfer to the pension stabilization fund for the purposes of the pension stabilization fund.

Requires the plaintiff in a residential eviction action to file a motion to dismiss the action if the case is resolved between the parties at any time before final adjudication, unless the plaintiff is seeking damages. Provides that if, at any time after an eviction action is filed, no action has been taken by the plaintiff to further prosecute the case for a period of at least 180 days, the court shall send to the parties written notice: (1) stating the date of the most recent action taken by the plaintiff in the case; and (2) directing the plaintiff to take action to either: (A) further prosecute the case; or (B) dismiss the case; not later than 10 business days after the date of the notice. Provides that if the plaintiff fails to take any action within the prescribed time: (1) the defendant may petition the court to dismiss the case; or (2) the court on its own motion may dismiss the case. Provides that a residential eviction diversion program may not be offered or operated on a statewide or local basis unless participation in the program is voluntary for all parties. Requires: (1) the Indiana housing and community development authority; and (2) any political subdivision that distributes rental assistance funds made available by the federal government in response to the COVID-19 pandemic; to create a designated landlord application process, in addition to the tenant application process, not later than August 31, 2022. Requires, upon motion of the tenant, the court in which an eviction action is filed to order the clerk of the court and the operator of any state, regional, or local case management system not to disclose or permit disclosure of any records in the case, subject to certain exceptions, if any of the following occur: (1) The action is dismissed. (2) A judgment in favor of the tenant is entered. (3) A judgment against the tenant is later overturned or vacated on appeal. Provides that if: (1) an eviction action, regardless of when it was filed, results in one of the specified outcomes allowing for the nondisclosure of records in the action; and (2) the court does not issue an order prohibiting the disclosure of any records in the action; the tenant in the action may petition the court in which the eviction action was filed to issue an order prohibiting the disclosure of any records in the action in accordance with the bill's provisions. Provides that upon the filing of such a petition, the court may: (1) issue an order prohibiting the disclosure of any records in the action; or (2) set the matter for a hearing. Provides that the petitioner bears the burden of proof in any hearing set by the court. Requires the clerk of court or other court administrator to: (1) track all eviction actions with respect to which a nondisclosure order is issued by the court; and (2) furnish the data compiled in the statutorily required statistical data provided to the office of judicial administration (office), as prescribed by the office. Requires the office to include the data provided by the courts in the Indiana Judicial Report.

Provides that if, after the occurrence of an accident, compensation is paid for temporary total disability or temporary partial disability, then the two year limitation period to file an application for adjustment of claim begins to run on the last date for which the compensation was paid. Increases benefits for injuries and disablements by 3% each year for four years, beginning on July 1, 2023. Adds an ambulatory outpatient surgical center to the definition of "medical service facility" under the worker's compensation law. Makes certain changes to the definition of "pecuniary liability". Establishes clean claim payment requirements related to worker's compensation claims. Removes outdated language. Makes conforming amendments.

Amends the statute governing certificates of public convenience and necessity (certificates) that are issued by the Indiana utility regulatory commission (IURC) for the construction, lease, or purchase of electric generation facilities to require the IURC, in consultation with the department of environmental management (department), to adopt rules concerning the granting of certificates for the construction, purchase, or lease of small modular nuclear reactors: (1) in Indiana for the generation of electricity to be used to furnish public utility service to Indiana customers; or (2) at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011. Requires the IURC to adopt the rules not later than July 1, 2023. Provides that the rules adopted by the IURC must provide that in acting on a public utility's petition for a certificate for one or more small modular nuclear reactors, the IURC shall consider the following: (1) Whether, and to what extent, the one or more small modular nuclear reactors proposed by the public utility will replace a loss of generating capacity in the public utility's portfolio resulting from the retirement or planned retirement of one or more of existing electric generating facilities that: (A) are located in Indiana; and (B) use coal or natural gas as a fuel source. (2) Whether one or more of the small modular nuclear reactors will be located on the same site as or near the facility to be retired and, if so, potential opportunities for the public utility to: (A) make use of any land and existing infrastructure or facilities already owned or under the control of the public utility; or (B) create new employment opportunities for workers who have been, or would be, displaced as a result of the retirement of the existing facility. Provides that the IURC's rules must provide that the IURC may grant a certificate under circumstances and for locations other than these. Sets forth additional requirements for small modular nuclear reactors that must be included in the IURC's rules, including the requirement that the owner or operator of a proposed small modular nuclear reactor must provide evidence of a plan to apply for all licenses or permits to construct or operate the proposed small modular nuclear reactor required by the United States Nuclear Regulatory Commission, the department, or any other relevant state or federal regulatory agency. Amends the statute providing certain financial incentives for energy utilities that invest in clean energy projects by providing that, for purposes of the statute, a "clean energy project" and a "nuclear energy production or generating facility" include a small modular nuclear reactor that is constructed after June 30, 2023: (1) in Indiana for the generation of electricity to be used to furnish public utility service to Indiana customers; or (2) at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011; under the rules adopted by the IURC under the bill. Defines "small modular nuclear reactor" for purposes of the bill's provisions.

Makes changes to the requirements necessary to obtain an initial practitioner license for an individual who completes an alternative teacher certification program and changes regarding teaching special education under the license. Provides that, for school years beginning after June 30, 2022, a school corporation may provide a supplemental payment to a teacher in excess of the salary specified in the school corporation's compensation plan. (Current law allows a school corporation to provide supplemental payment to a teacher in excess of the salary specified in the school corporation's compensation plan if certain circumstances apply.)

Eliminates and renames divisions and bureaus that have been merged by the department of natural resources (department) due to reorganization that occurred within the department. Establishes the Indiana state park inns authority (authority) as a body corporate and politic for the operation, management, and administration of inns and associated facilities by the department. Allows the authority to purchase service credit (subject to certain conditions) for prior service by an employee of the authority. Eliminates the separate hunting license by including a crossbow and bolt in the licensure for archery equipment permitted to be used. Requires the division of fish and wildlife to meet with representatives of certain organizations concerning certain issues and to submit recommendations to the general assembly. Makes conforming changes.

Establishes procedures for the valuation of an outdoor advertising sign (sign) that cannot be elevated or relocated to a conforming location within the market area due to a change along the interstate and primary system or any other highway. Requires the Indiana department of transportation to provide written notice to the representative of a sign owner that a project has been planned that may impact the sign at least 12 months prior to the filing of an eminent domain action for the sign. Provides that an owner is entitled to full and just compensation for the taking of a sign in the amount of the fair market value of the interests associated with the sign. In Marion County, allows the: (1) board of directors (board) of an agricultural fair society, association, or corporation; or (2) the county legislative body; that owns or operates a county fairgrounds to place one digital billboard at a location on the county fairgrounds selected by the board.

Provides that after July 1, 2022, if the board of trustees of the Indiana public retirement system (system board) determines that a new police officer or firefighter in the public employees' retirement fund (PERF) should be a member of the 1977 fund, the system board shall require the employer to transfer the member into the 1977 fund and contribute the amount that the system board determines is necessary to fund fully the member's service credit in the 1977 fund for all service earned as a police officer or firefighter in PERF. Provides that a police officer or firefighter who is an active member of the 1977 fund with an employer that participates in the 1977 fund, separates from that employer, and more than 180 days after the date of the separation becomes employed as a full-time police officer or firefighter with the same or a second employer that participates in the 1977 fund, is a member of the 1977 fund without meeting the age limitations under certain circumstances. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)

Defines "unlicensed caregiver" and allows an unlicensed caregiver of a child to intervene as a party in a: (1) child in need of services proceeding; or (2) proceeding to terminate the parent-child relationship; concerning the child.