Indiana 2022 Regular Session All Bills

IN

Indiana 2022 Regular Session

Indiana House Bill HB1325

Introduced
1/11/22  
Property tax relief. Permits counties, cities, and towns (including Marion County) to establish a neighborhood enhancement property tax relief program (program) to provide an assessed value deduction for longtime owner-occupants of homesteads having an assessed value of not more than $200,000 in certain designated areas. Authorizes the redevelopment commission (or the metropolitan development commission in the case of Marion County) to identify the areas for purposes of the program based on specified conditions. Requires the county auditor to notify each owner of property that qualifies for a deduction under a program and provide the owner with an application for the deduction. Requires an owner of property that qualifies for a deduction to apply to the county auditor to receive the deduction. Provides a penalty for wrongly receiving the deduction that is the same as the penalty for wrongly receiving the homestead standard deduction.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1326

Introduced
1/11/22  
Discriminatory lending and appraisal practices. Adds the following to the duties of the homeowner protection unit (unit) of the office of the attorney general: (1) Cooperating with federal, state, and local law enforcement agencies in investigating violations of the federal Fair Housing Act. (2) Investigating and enforcing: (A) existing law prohibiting improperly influencing the preparation of a real estate appraisal; and (B) the bill's provisions prohibiting discriminatory lending and appraisal practices in connection with residential real estate related transactions. Prohibits a person whose business includes engaging in residential real estate related transactions from doing any of the following: (1) Discriminating against any person in: (A) making available a residential real estate transaction; or (B) establishing the terms and conditions of a residential real estate transaction; on the basis of race, color, religion, sex, disability, familial status, or national origin. (2) Denying a creditworthy applicant a mortgage loan on the basis of any of these characteristics of: (A) the applicant; or (B) residents of the neighborhood in which the real estate is located; if the applicant is otherwise eligible for the mortgage loan. (3) Making an excessively low appraisal of the value of the real estate that is the subject of a mortgage loan (as compared to the purchase price) on the basis of any of these characteristics of: (A) the applicant; or (B) residents of the neighborhood in which the real estate is located. Specifies that these prohibitions do not prohibit a person whose business includes engaging in residential real estate related transactions from: (1) either: (A) denying a mortgage loan; or (B) granting a mortgage loan on more stringent terms and conditions; based on the applicant's creditworthiness or other economic factors, and without regard to any of the characteristics set forth in the bill; or (2) taking into consideration factors other than the characteristics set forth in the bill in preparing a real estate appraisal. Establishes the fair housing practices fund (fund), to be administered by the Indiana housing and community development authority (authority), for the purpose of: (1) providing down payment assistance, financial assistance for closing costs, and restitution for individuals determined to have been injured by a violation the bill's provisions prohibiting discriminatory lending and appraisal practices; and (2) providing grants for: (A) community education and outreach efforts; and (B) community reinvestment initiatives; for neighborhoods or communities determined to have been targeted or adversely impacted by a violation of the bill's provisions prohibiting discriminatory lending and appraisal practices. Provides that the fund consists of: (1) civil penalties collected for violations of the bill's provisions prohibiting discriminatory lending and appraisal practices; (2) any amounts deposited in the fund as a result of a settlement agreement or final judgment in an action brought for a violation of these provisions; (3) gifts and grants to the fund; and (4) appropriations from the general assembly. Requires the authority to adopt rules to develop certain criteria and procedures necessary to: (1) administer the fund; and (2) provide assistance from the fund. Requires the unit to: (1) amend the form that creditors are required to provide to mortgage loan applicants to include information about how prospective borrowers can report suspected violations of the bill's provisions prohibiting discriminatory lending and appraisal practices; and (2) accept through the unit's established: (A) electronic mail address; and (B) toll free telephone number; complaints concerning these suspected violations. Provides that a person that knowingly or intentionally violates the bill's provisions prohibiting discriminatory lending and appraisal practices: (1) commits an act that is actionable by an aggrieved individual and the attorney general under the deceptive consumer sales act; and (2) is liable for a civil penalty of $200 per violation. Provides that any civil penalty collected shall be deposited in the fund. Requires the real estate appraiser licensure and certification board (board) to, not later than January 1, 2023, submit recommendations to the Indiana real estate commission (commission) concerning the following: (1) Rules requiring as a condition of initial licensure or certification at least one hour of instruction in cultural competency training, and at least one hour of instruction in implicit bias training. (2) Rules requiring as a condition of renewal for licensure and certification at least one hour of continuing education instruction in cultural competency training, and at least one hour of continuing education instruction in implicit bias training. (3) Policies to foster diversity in the real estate appraisal profession. Requires the commission to adopt the recommended rules not later than July 1, 2023. Provides that the office of the attorney general and the professional licensing agency (agency) may use an existing investigative fund to investigate and enforce: (1) existing law prohibiting improperly influencing the preparation of a real estate appraisal; and (2) the bill's provisions prohibiting discriminatory lending and appraisal practices. Requires the board to submit, on at least a quarterly basis, a request to the attorney general for certain information concerning complaints filed against real estate appraisers. Requires the agency, on behalf of the board, to publish and update on the board's web page, on at least a quarterly basis: (1) the aggregate complaint data received by the board in the most recent quarterly report from the attorney general; and (2) to the extent not confidential, the names and business locations of all real estate appraisers who have had complaints filed and prosecuted against them. Beginning in 2024, requires the agency, on behalf of the board, to submit an annual report to the legislative council concerning: (1) the cultural competency and implicit bias training educational requirements adopted by the commission; and (2) the policies to foster diversity in the real estate appraisal profession implemented by the commission, including the board's assessment of the effectiveness of the policies.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1327

Introduced
1/11/22  
Ownership of Kankakee Meanderlands. Requires the department of natural resources to offer to grant and convey by deed to an eligible property owner not more than four acres of the property along the Kankakee River known as the Kankakee Meanderlands Wetland Conservation Area that abuts the private property of the eligible property owner. Defines "eligible property owner".
IN

Indiana 2022 Regular Session

Indiana House Bill HB1328

Introduced
1/11/22  
Court fees. Provides that a sheriff's service of process fee for each service performed outside Marion County applies to cases in the Marion County small claims court. Provides that the Marion County small claims court shall distribute monthly to the township clerk, for deposit in the township clerk's record perpetuation fund, all document storage fees received by the court not later than 30 days after the fees are collected. Establishes the township clerk's record perpetuation fund. Provides that the clerk shall transfer certain fees to the township fiscal officer in each county containing a consolidated city.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1329

Introduced
1/11/22  
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 2022 Regular Session

Indiana House Bill HB1330

Introduced
1/11/22  
Refer
1/11/22  
Sandbox legislation. Establishes a regulatory sandbox program.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1331

Introduced
1/11/22  
Dental hygienists. Provides that a dental hygienist may administer an immunization that is recommended by the federal Centers for Disease Control and Prevention Advisory Committee on Immunization Practices for individuals who are not less than 11 years of age on the order of a dentist or other health care provider qualified to order the immunization, if the dental hygienist: (1) is certified in cardiopulmonary resuscitation; (2) has successfully completed a course of training in immunization that meets specified requirements; and (3) administers the immunization in accordance with a protocol that includes specified requirements and procedures. Prescribes reporting requirements for a dental hygienist who administers an immunization. Provides that a dental hygienist: (1) is not required to administer immunizations; and (2) is not required to complete immunization training if the dental hygienist chooses not to administer immunizations.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1332

Introduced
1/11/22  
Employment agencies. Provides that an employment agency (agency) commits price gouging if an agency's charge is in excess of three times the fair market value of the health care services of a health care employee or temporary worker. Raises the surety bond for an agency from $1,000 to $10,000. Raises the annual licensing fee for an agency from $150 to $200. Includes violation of laws by the agency as a reason to deny the issuance of an agency's license. Specifies that the filing of a list of fees, charges, and commissions does not cause the fees, charges, or commissions to be reasonable or conscionable. Prohibits an agency that contracts for services with a health care provider employer from charging fees, charges, or commissions in excess of three times the fair market value of the health care services rendered by the agency or by an applicant referred by the agency. Requires the agency to keep certain records for five years rather than two. Specifies that fees that are paid are not refundable. Amends the definition of "employment agency" to include the temporary performance of services. Prohibits an agency from giving false information or making a false representation to an employer regarding an applicant or the applicant's qualifications to provide service to the employer. Establishes the following requirements on an agency: (1) Timely billing to a health care provider employer. (2) Providing certain information on an employee's qualifications to a health care provider employer. (3) Requiring compliance with requirements relating to the qualifications of personnel employed. (4) Prohibiting the agency from restricting employment opportunities of its personnel. (5) Prohibiting the agency from recruiting employees of a health care provider to which the agency supplies personnel. (6) Requires the agency to reimburse a health care provider employer for fines for violations by the agency or an employee or personnel of the agency in the provision of health care services. (7) Prohibits an agency's contract with an employee or health care provider employer from requiring payment of liquidated damages, employment fees, or other compensation if the employee is hired as a permanent employee of the health care provider employer. Allows an applicant or employer to report an agency's violation and allows the applicant and employer a private right of action. Raises the fee for a conviction from $10 to $1,000. Allows the office of the attorney general to investigate and prosecute complaints. Provides that the division of consumer protection is responsible for the investigation of complaints. Specifies the procedures for investigating complaints against an agency. Requires an agency to: (1) screen prospective employees; (2) conduct background checks on employees before they work for a health care provider; (3) complete an employee performance review; (4) provide health care providers with certain information on the employees; and (5) annually submit a report. Makes conforming and stylistic changes, and removes obsolete language.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1333

Introduced
1/11/22  
Minimum wage. Makes changes to the definition of "employee" for the purposes of the minimum wage statute. Increases the minimum wage paid to certain employees in Indiana as follows: (1) After June 30, 2023, from $7.25 an hour to $9.02 an hour. (2) After December 31, 2023, from $9.02 an hour to $10.07 an hour. (3) After December 31, 2024, from $10.07 an hour to $11.11 an hour. (4) After December 31, 2025, from $11.11 an hour to $12.10 an hour. Provides that after December 31, 2026, and each subsequent December 31, the hourly minimum wage increases at the same percentage as any increase in the Consumer Price Index for the preceding calendar year. Increases the cash wage paid to tipped employees as follows: (1) After June 30, 2023, from $2.13 an hour to $3.30 an hour. (2) After December 31, 2023, from $3.30 an hour to $4.71 an hour. (3) After December 31, 2024, from $4.71 an hour to $6.12 an hour. (4) After December 31, 2025, from $6.12 an hour to $7.54 an hour. Provides that after December 31, 2026, and continuing for each subsequent December 31, the cash wage required to be paid to employees is equal to 70% of the hourly minimum wage. Provides that, if the federal minimum wage or cash wage is higher than the state minimum wage or cash wage, employers are required to pay the higher federal rate. Makes technical corrections and corresponding changes.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1334

Introduced
1/11/22  
Property tax deduction for maintaining wetlands. Provides a property tax deduction for a person's qualified wetlands area. Defines "qualified wetlands area". Requires a person to provide a wetland delineation report to the county auditor to be eligible for the deduction.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1335

Introduced
1/11/22  
Closure of coal combustion residual impoundments. Requires the owner or operator of a coal combustion residuals (CCR) surface impoundment: (1) that is located in a 500 year flood zone, has caused a statistically significant increase in groundwater contamination, or does not have a composite liner that meets certain requirements; or (2) that is otherwise subject to a federal or state closure requirement; to remove all CCR from the CCR surface impoundment, return the site of the CCR surface impoundment to a nonerosive and stable condition, and either transfer the CCR for disposal in a landfill that meets certain requirements or put the CCR to an encapsulated beneficial use. Requires that the CCR be put to an encapsulated beneficial use whenever possible. Requires the owner or operator of a CCR surface impoundment to monitor for dust problems during removal of the CCR from the surface impoundment and requires the use of dust controls in the removal, transfer, and disposal of the CCR to minimize dust pollution. Requires the owner or operator of a CCR surface impoundment from which the CCR are being removed, in consultation with local government officials, to develop a plan for transporting the CCR after it is removed from the surface impoundment. Prohibits the department of environmental management (department) from approving a plan for closure of a CCR surface impoundment that does not meet these requirements. Requires the department to hold a public hearing on the approval or denial of a plan for the closure of a CCR surface impoundment.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1336

Introduced
1/11/22  
Reporting on worker misclassification. Requires the department of state revenue, the state department of labor, the worker's compensation board of Indiana, and the department of workforce development to report before September 1 in 2022 through 2025 to the interim study committee on employment and labor for the immediately preceding three state fiscal years and in the aggregate for the three state fiscal year period: (1) the number of employers that each department or the board determined during the immediately preceding state fiscal year improperly classified at least one worker as an independent contractor; (2) the total number of improperly classified workers employed by those employers; (3) the department's or board's calculation of the revenue not collected or the additional costs to the state that the department or board attributes to the improperly classified workers; and (4) the amount of the penalties and interest assessed against those employers by each department or the board, and the amount of the penalties and interest assessed that has been collected. Excepts residential contractors from the term "employer" for purposes of the reporting requirements.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1337

Introduced
1/11/22  
Various gaming issues. Authorizes the following persons to conduct interactive gaming: (1) A licensed owner of a riverboat. (2) An operating agent operating a riverboat in a historic hotel district. (3) A permit holder conducting gambling games at the permit holder's racetrack. Provides for the licensure of persons providing services and equipment for managing and conducting interactive gaming. Specifies requirements for the conduct of interactive gaming. Imposes an adjusted gross receipts tax of 18% on interactive gaming. Provides for revenue sharing to cities and counties in which casinos are operated. Provides that the speaker of the house of representatives and the president pro tempore of the senate shall each appoint a member of the gaming commission. Provides that a hold harmless agreement or an agreement to offset a financial loss between a casino, riverboat, or unit of government and another unit of government concerning potential losses of revenue by the other unit of government is prohibited and unenforceable. Repeals the requirement that the licensed owner of a riverboat operating in Vigo County pay certain payments to the city of Evansville. Repeals language concerning a supplemental payment to East Chicago, Hammond, and Michigan City under certain circumstances. Repeals the historic hotel district community support fee. Makes an appropriation. Makes conforming and technical changes.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1338

Introduced
1/11/22  
Child welfare provider protections. Prohibits the state from discriminating against adoption agencies, foster parents, or adoptive parents on the basis of religious beliefs. Defines certain terms. Waives sovereign immunity for purposes of the prohibition, except that state courts retain immunity. Allows suit under these provisions without exhausting administrative remedies. Provides for a private right of action and civil remedies.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1339

Introduced
1/11/22  
Sales tax exemption for firearms and ammunition. Provides that sales of qualifying firearms and ammunition are exempt from the state gross retail tax.

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