House Bills

HB 1051: Prohibition on Labor Peace Agreements
Summary: Prohibition on labor peace agreements. Provides that a statute or rule of the state, or an ordinance or regulation of a political subdivision, may not: (1) impose a contract, zoning, permitting, licensing, or other condition that requires an employer, multiemployer association, or employee to waive rights under the federal National Labor Relations Act; or (2) require an employer or multiemployer association to accept or otherwise agree to a provision that is a mandatory or nonmandatory subject of collective bargaining under federal labor law. Provides for injunctive relief.
AFP Position: Support

Reason: This bill would prevent the state from enacting statutes, rules, etc. that would require an employer or employee to waive their rights under the National Labor Relations Act (i.e. collective bargaining rights). This bill essentially protects employers in the state from forced Union actions.
Status: Referred to Employment, Labor, and Pensions

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HB 1053: Drink sales at microbrewery and farm winery
Summary: Allows a microbrewery and a farm winery that occupy the same building to sell by the glass the microbrewery’s beer and the farm winery’s wine from the same service bar, without a structure separating the service of wine and the service of beer.
AFP Position: Support
Reason: AFP Indiana supports free markets and their ability to function without unnecessary government intrusion. This bill removes arbitrary restrictions that harm a sector of Indiana small businesses and their ability to compete with larger competitors in the industry.
Bill Status: Passed House; Referred to Senate

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HB 1076: Microbreweries
Summary: Provides that the alcohol and tobacco commission may not require a microbrewery that sells beer by the glass to furnish food.
AFP Position: Support
Reason: AFP Indiana supports the freedom to conduct business without interference from unnecessary government regulations. This bill removes an arbitrary hurdle from Indiana small businesses.
Bill Status: Introduced and assigned to committee.

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HB 1103: Farm winery sales
Summary: Allows a holder of a farm winery permit to sell and ship, by the bottle or by the case, not more than 5,000 gallons of wine that is priced at less than $301 per gallon during a permit year to a holder of a wine retailer’s permit or a holder of a wine dealer’s permit.
AFP Position: Support
Reason: AFP Indiana supports removing burdensome government barriers to the free market economy. This bill begins to do just that for Indiana wineries, paving the way for a truly unfettered free market relationship between the buyer and seller.
Bill Status: Introduced and assigned to committee.

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HB 1203: Wine and beer sales at festivals
Summary: Allows a microbrewery and a farm winery to sell beer and wine by the glass at a festival in or on the same premises or enclosed area.
AFP Position: Support
Reason: AFP Indiana supports removing burdensome government barriers to the free market economy. This bill begins to do just that for Indiana wineries and microbreweries, paving the way for a truly unfettered free market relationship between the buyer and seller.
Bill Status: Introduced and assigned to committee.

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HB 1310: Certified registered nurse anesthetist
Summary:
Allows a certified registered nurse anesthetist to administer anesthesia under the direction of and in the immediate presence of a podiatrist if the administration takes place in a hospital and a licensed physician is available to respond immediately in person to a medical emergency.
AFP Position: Support
Reason:
Expands the scope of practice under certified registered nurse anesthetists which encourages the free market by allowing people to do more without a government-issued occupational license.
Bill Status: Introduced and assigned to committee.

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HB 1311: Alcoholic beverage issues
Summary:
Raises the barrel limit for a small brewery from 30,000 barrels a year to 90,000 barrels a year.
AFP Position: Support
Reason: Removes unnecessary burdens, lowering costs and increasing choice for consumers.
Bill Status: Introduced and assigned to committee.
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HB 1432: Regulation of E-Liquids
Summary: Regulation of e-liquids. Requires a manufacturer that manufactures, bottles, or stores e-liquid to have a permit issued by the alcohol and tobacco commission. Establishes requirements to obtain a permit to manufacture e-liquid. Establishes penalties for not complying with the terms of the permit. Prohibits a retailer from selling e-liquid: (1) to a minor; (2) that is purchased from a manufacturer that does not have a permit; or (3) that has been altered or tampered with. Allows a permit holder to bring a civil action for violations of the e-liquids laws.
AFP-Position: Oppose
Reason:
This bill places alcohol and tobacco commission permitting requirements on manufacturers, bottlers, or anyone storing e-liquids, or retailers selling e-liquids purchased from manufacturers without permits.
Status: Referred to Public Policy

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HB 1511: Nursing Facility Restrictions
Summary: Prohibits the state department of health from approving: (1) the licensure of comprehensive care health facilities; (2) new or converted comprehensive care beds; or (3) the certification of new or converted comprehensive care beds for participation in the state Medicaid program; through June 30, 2018. Makes exceptions for certain facilities that are: (1) under development; (2) small house health facilities; (3) replacement facilities; (4) continuing care retirement communities; and (5) facilities located in counties whose comprehensive care bed occupancy rate exceeds 90%. Limits small house facilities to 100 new licensed or Medicaid certified comprehensive care beds per Nursing facility restrictions. Prohibits the state department of health from approving: (1) the licensure of comprehensive care health facilities; (2) new or converted comprehensive care beds; or (3) the certification of new or converted comprehensive care beds for participation in the state Medicaid program; through June 30, 2018. Makes exceptions for certain facilities that are: (1) under development; (2) small house health facilities; (3) replacement facilities; (4) continuing care retirement communities; and (5) facilities located in counties whose comprehensive care bed occupancy rate exceeds 90%. Limits small house facilities to 100 new licensed or Medicaid certified comprehensive care beds per year.
AFP Position: Oppose
Reason:
HB 1511 effectively creates a state moratorium on the construction of new nursing home facilities for seniors. This represents an unwise intrusion of government into the free market and unfairly restricts the choices available to seniors when it comes to obtaining nursing home care. This legislation would contribute to a more captive market by insulating those already in the nursing home market from potential rivals, and the market forces that come along with increased competition.
Status: Introduced in Committee.
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HB 1624: Sale of Alcoholic Beverages

Summary: Provides that a holder of an alcoholic beverage permit who is authorized by law to sell alcoholic beverages for carryout may sell alcoholic beverages for carryout on Sunday from 10 a.m., prevailing local time, until 6 p.m., prevailing local time. Allows microbreweries to continue to sell beer and farm wineries to continue to sell wine on Sunday for carry out from 7 a.m., prevailing local time, until 3 a.m., prevailing local time, the following day. Repeals a provision that limits the commodities that a package liquor store may sell.
AFP Position: Oppose
Reason:
 While originally supportive of the measure to expand the free market and reduce the arbitrary regulation of Sunday alcohol sales at certain places of business, AFP cannot support the measure in its current form due to the cost placed on businesses because of even more government regulation. What started as bill to expand the free market, is now legislation that actually increases the regulatory burden on Hoosier businesses that employ thousands.
Status: Passed Committee
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Senate Bills

SB 47: Health care professional cultural training
Summary: Requires an individual seeking licensure in a health care profession to complete cultural competency training.
AFP Position: Oppose 
Reason:
 This places an undue and unnecessary burden on health care professionals. Indiana should be working to lower healthcare costs for individuals not creating barriers to market entry.
Status: Introduced and assigned to committee.

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SB 54: Artisan distiller’s permit
Summary: Removes and repeals certain permit requirements for artisan distillers. Allows the holder of an artisan distiller’s permit to: (1) sell liquor for carryout on Sunday; and (2) upon approval, conduct business at three additional locations that are separate from the premises on which the artisan distiller manufactures liquor.
AFP Position: Support
Reason:  Allows artisan distillers to compete on a level playing field with larger distillers. This will create further competition, removing undue burdens and allow artisan distillers and opportunity to grow their business.
Status: Introduced and assigned to committee.

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SB 113: Direct wine sales
Summary: Removes certain requirements for the issuance of a direct wine seller’s permit concerning: (1) filing of surety bonds or depositing cash in escrow; and (2) wine distribution through wholesalers. Removes requirements that before a direct wine seller may sell wine to a consumer: (1) the consumer must provide information in one face-to-face transaction at the seller’s place of business; or (2) under certain circumstances, the consumer must provide a verified statement that the consumer is at least 21 years of age, and the seller must provide the name and address of the consumer to the alcohol and tobacco commission. Allows a direct wine seller to sell and ship wine directly to a consumer if the consumer provides: (1) the consumer’s name; (2) a valid delivery address and telephone number; (3) proof of age by a state government issued or federal government issued identification card showing the consumer to be at least 21 years of age; and (4) a verified statement that the consumer satisfies certain requirements.
AFP Position: Support  
Reason:
 Removes burdensome and unnecessary regulations on direct wine sellers. This allows direct wine sellers to directly sell to consumers cutting costs and increasing consumer choice.
Status: Passed House; Referred to Senate

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SB 72: Motor vehicle manufacturers and distributors
Summary: Provides that it is an unfair practice for a manufacturer or a distributor to sell or offer to sell a new motor vehicle (vehicle) directly to a consumer or display a new vehicle to the general public in order to facilitate a sale other than through an independent franchised new motor vehicle dealer that has a physical place of business that is capable of performing complete warranty service on vehicles produced by the manufacturer, with certain exceptions.
AFP Position: Oppose
Reason: This legislation constricts the free market by demanding that all new car sales go through a vehicle dealer. Some manufacturers choose to sell directly to consumers which should be their decision to make.
Status: Introduced in Committee.

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SB 167: Certified registered nurse anesthetists
Summary: Allows a certified registered nurse anesthetist to administer anesthesia under the direction and in the immediate presence of a podiatrist if the administration of the anesthesia takes place in a hospital and a physician is available to respond immediately in person to a medical emergency.
AFP Position: Support
Reason: Expands the scope of practice under certified registered nurse anesthetists which encourages the free market by allowing people to do more without a government-issued occupational license.
Status: Introduced and assigned to committee.

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SB 197: Chauffeur’s license exemption
Summary: Authorizes an individual to transport: (1) a recreational vehicle; or (2) a towing vehicle and recreational vehicle; without a chauffeur’s license in certain circumstances.
AFP Position: Support
Reason: Removes an unnecessary burden for transporting personal property.
Status: Passed House; Referred to Senate

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SB 219: Liquor wholesalers’ permits
Summary: Removes provisions establishing residency requirements for liquor wholesalers. Removes the requirement that a partnership, in order to hold a liquor wholesaler permit, must consist of members who each satisfy the individual applicant requirements for a liquor wholesaler permit.
AFP Position: Support

Reason:
Removes unnecessary burdens on liquor wholesalers lowering costs and increasing choice for consumers.
Status: Introduced and assigned to committee.

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SB 276: Microbreweries
Summary: Increases the number of barrels of beer that a small brewer may manufacture to not more than 90,000 (instead of not more than 30,000) barrels of beer in a calendar year for sale or distribution within Indiana. Makes conforming changes. Makes a technical correction.
AFP Position: Support
Reason:  Allows Mircobrews to expand production of their product. This allows small businesses to grow and create more jobs as well as expanding consumer choice and lowering costs.
Status: Introduced and assigned to committee.

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SB 281: Microbreweries
Summary: Changes the amount of the barrels of beer that a microbrewery may manufacture in a calendar year for sale or distribution within Indiana from 30,000 to 60,000. Makes conforming changes to brewery provisions. Requires that, for a brewery to qualify as a microbrewery, the entire brewing process of the beer must occur in Indiana. Makes a technical correction.
AFP Position: Support
Reason:  Allows Mircobrews to expand production of their product. This allows small businesses to grow and create more jobs as well as expanding consumer choice and lowering costs.
Status: Introduced and assigned to committee.

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SB 297: Microbrewery barrel limits
Summary: Changes the amount of the barrels of beer that a microbrewery may manufacture in a calendar year for sale or distribution within Indiana from 30,000 to 60,000. Makes conforming changes to brewery provisions. Makes a technical correction.
AFP Position: Support
Reason:  Allows Mircobrews to expand production of their product. This allows small businesses to grow and create more jobs as well as expanding consumer choice and lowering costs.
Status: Introduced and assigned to committee.

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SB 302: Employment contracts for nonunion teachers
Summary: Provides that a teacher who is not a member of the exclusive representative (union) may enter into an employment contract with a school corporation that contains terms that differ from the terms set forth in the collective bargaining agreement. Provides that a teacher who enters into such an employment contract waives the teacher’s statutory due process rights if the teacher’s employment is terminated. Provides that it is not an unfair labor practice for a school corporation to enter into the employment contract.
AFP Position: Support
Reason:  Allows both employee and employer to enter into a mutually beneficial contract. This can lead to better outcomes for both the teacher and the school rather than forcing the teacher into a one size fits all arrangement.
Status: Introduced and assigned to committee.

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SB 337: Direct wine sales
Summary: Removes requirements that before a direct wine seller may sell to a consumer: (1) the consumer must provide information in one face-to-face transaction at the seller’s place of business; or (2) under certain circumstances, the consumer must provide a verified statement that the consumer is at least 21 years of age, and the seller must provide the name and address of the consumer to the alcohol and tobacco commission (commission). Allows a direct wine seller to sell and ship wine directly to a consumer if the consumer provides: (1) the consumer’s name; (2) a valid delivery address and telephone number; (3) proof of age by a state issued driver’s license or state issued identification card showing the consumer to be at least 21 years of age; (4) a verified statement that the consumer satisfies certain requirements; and (5) any other information requested by the direct wine seller that is required by the commission. Increases the total amount of wine a direct wine seller may direct ship in Indiana during a permit year from not more than 27,000 liters to not more than 18,000 gallons. Repeals a provision that requires a consumer to provide certain information to a direct wine seller.
AFP Position: Support
Reason:  Removes burdensome and unnecessary regulations on direct wine sellers. This allows direct wine sellers to sell directly to consumers cutting costs and increasing consumer choice.
Status: Introduced and assigned to committee.

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SB 338: Farm winery sales
Summary: Allows a holder of a farm winery permit to sell and ship, by the bottle or by the case, not more than 5,000 gallons of wine that is priced at less than $301 per gallon during a permit year to a holder of a wine retailer’s permit or a holder of a wine dealer’s permit.
AFP Position: Support
Reason:  Removes burdensome and unnecessary regulations on direct wine sellers. This allows direct wine sellers to sell directly to consumers cutting costs and increasing consumer choice.
Status: Introduced and assigned to committee.
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SB 397: Liquor Sales
Summary: Liquor sales. Allows the alcohol and tobacco commission (commission) to issue a liquor dealer’s permit only to a package liquor store. (Current law allows the commission to issue a liquor dealer’s permit to a drug store or a package liquor store.) Provides that the holder of a liquor dealer’s permit who: (1) held a liquor dealer’s permit before July 1, 2015; and (2) is the proprietor of a drugstore who holds a license issued by the state board of pharmacy; may continue to hold the permit until the permit expires. Provides that the permit: (1) may not be renewed; and (2) may only be transferred to an applicant who is a proprietor of a package liquor store. Makes conforming changes to the liquor dealer’s permit quota restrictions. Repeals provisions superseded by this bill.
AFP Position: Oppose
Reason: Currently liquor laws in the state allow issuance of liquor dealer’s permits to drug stores and package liquor stores. This would prohibit further such permitting to drug stores and restrict it only to package liquor stores.
Status: Referred to Public Policy
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SB 430: Licensing of electrical contractors
Summary: Establishes the electrical licensing board. Requires electrical contractors to be licensed. Establishes licensing requirements for electrical contractors. Adds references to electrical licensing to the laws that affect licensing boards.
AFP Position: Oppose
Reason:  Creates yet another layer of government bureaucracy to the free market. This will decrease competition and increase costs for consumers.
Status: Introduced and assigned to committee.
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SB 460: Comprehensive care health facilities
Summary: Prohibits the state department of health from approving: (1) the licensure of comprehensive care health facilities; (2) new or converted comprehensive care beds; or (3) the certification of new or converted comprehensive care beds for participation in the state Medicaid program; through June 30, 2018. Makes exceptions for certain facilities that are: (1) under development; (2) small house health facilities; (3) replacement facilities; (4) continuing care retirement communities; (5) facilities located in counties whose comprehensive care bed occupancy rate exceeds 90%; and (6) facilities that undergo a change of ownership for certain purposes. Limits small house Comprehensive care health facilities. Prohibits the state department of health from approving: (1) the licensure of comprehensive care health facilities; (2) new or converted comprehensive care beds; or (3) the certification of new or converted comprehensive care beds for participation in the state Medicaid program; through June 30, 2018. Makes exceptions for certain facilities that are: (1) under development; (2) small house health facilities; (3) replacement facilities; (4) continuing care retirement communities; (5) facilities located in counties whose comprehensive care bed occupancy rate exceeds 90%; and (6) facilities that undergo a change of ownership for certain purposes. Limits small house facilities to 100 new licensed or Medicaid certified comprehensive care beds per year.
AFP Position: Oppose
Reason:
SB 460 effectively creates a state moratorium on the construction of new nursing home facilities for seniors. This represents an unwise intrusion of government into the free market and unfairly restricts the choices available to seniors when it comes to obtaining nursing home care. This legislation would contribute to a more captive market by insulating those already in the nursing home market from potential rivals, and the market forces that come along with increased competition.
Status: Passed Senate; Referred to House
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SB 561: Vehicle Remarketer
Summary: Vehicle remarketers. Creates the Indiana vehicle remarketer commission (commission) to license and register persons engaged in the remarketing of motor vehicles. Sets standards and responsibilities for persons in the professions of vehicle remarketer, vehicle remarketer agent, and vehicle remarketer agency (remarketers). Requires the commission to adopt emergency rules to authorize remarketers to operate after June 30, 2015. Makes an appropriation.
AFP Position: Oppose
Reason:
This bill would add to the bureaucracy by creating the “Indiana Vehicle Remarketer Commission” that would license and register persons engaging in the remarketing of motor vehicles.
Status: Referred to Commerce and Technology
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