| HB1001 | STATE BUDGET. (THOMPSON J) Appropriates money for capital expenditures, the operation of the state, K-12 and higher education, the delivery of Medicaid and other services, and various other distributions and purposes. Requires a researcher to execute a data sharing agreement that is approved by the management performance hub to receive access to confidential records. Provides that the auditor of state is also known as the state comptroller. Provides that, after June 30, 2023, the auditor of state shall use the title "state comptroller" in conducting state business, in all contracts, on business cards, on stationery, and with other means of communication as necessary. Establishes the attorney general contingency fee fund. Establishes the: (1) state opioid settlement fund; and (2) local opioid settlement fund; into which funds received from opioid litigation settlements must be deposited. Provides that the office of the inspector general shall provide informal advisory opinions and that the opinions are confidential. Allows the budget committee to submit the budget report and budget bill or bills to the governor on or before the second Monday of January, or the third Monday of January in the year in which a gubernatorial election is held (instead of before that date). Requires the state personnel department to require a contractor, when contracting for health care coverage for state employees, to use value based coverage. Repeals a provision that makes a state general fund appropriation to the board of trustees of the Indiana public retirement system if the money available in the special death benefits fund is insufficient to pay death benefit claims. Allows the Indiana economic development corporation (IEDC) to certify an applicable tax credit that exceeds the maximum allowable amount after review by the budget committee. Provides that the regional economic acceleration and development initiative program expires June 30, 2026. Specifies that the county or municipality that did not approve the relocation of an outdoor advertising sign is responsible for compensation of the taking of the outdoor advertising sign. Provides that an owner may relocate an outdoor advertising sign that is subject to a pending eminent domain action. Allows an individual to claim an increased exemption amount for a dependent child in the first year in which the exemption amount may be claimed for the child. Reduces the individual income tax rate to 2.9% by 2027 and eliminates all trigger provisions in current law. Establishes the regional public safety training fund. Repeals provisions relating to the establishment of the: (1) Indiana homeland security foundation; (2) Indiana homeland security fund; and (3) fire training infrastructure fund. Allows certain members of the public employees' retirement fund or Indiana state teachers' retirement fund to file an election to begin receiving retirement benefits while holding a position. Changes the state police pre-1987 benefit and supplemental pension benefit calculation from being based on the sixth year of service to the fourth year of service. Repeals the public mass transportation fund. Repeals the financial responsibility compliance verification fund. Changes the number of years of service on which the salary matrix for state police employees is based to 15 years (instead of 20 years). Requires the department of correction to deposit the amount appropriated for the county misdemeanant fund by a county's multiplier. Requires the office of Medicaid policy and planning (office) to: (1) develop a schedule for the review of Medicaid reimbursement rates; and (2) provide a copy of the schedule to the budget committee; not later than November 1, 2023. Creates the residential water testing fund to test the water supply of an individual property owner of an eligible township. Requires the director of the state personnel department to submit a revision or adjustment to a pay plan developed for state employees to the state budget committee for review before the revision may take effect. Provides that the general assembly shall convene: (1) on the second Tuesday after the first Monday in June for the first regular technical session; and (2) on the second Tuesday after the first Monday in May for the second regular technical session. Provides that a technical session is not required to convene if the president pro tempore and the speaker jointly issue an order that convening is not necessary. Requires the general assembly to convene no later than the fourth Monday in January after organization day. Repeals provisions relating to emergency sessions and makes conforming amendments. Recouples the state earned income tax credit qualifications with the federal earned income tax credit qualifications under the Internal Revenue Code as in effect January 1, 2023. Requires a contractor that provides tangible personal property incorporated into real property in a project located in an innovation development district to maintain records of all state gross retail and use tax paid or collected during a state fiscal year. Adds state adjusted gross income taxes paid by an individual who is not an employee with respect to income received for services performed in an innovation development district for purposes of calculating income tax incremental amounts. Establishes the commission on improving the status of children fund to support the staffing and operations of the commission. Provides that a part of state user fees shall be deposited in the Indiana secured school fund. Repeals the distribution schedule for appropriations made for certain child development programs. Requires the department of local government finance to prepare an annual report and abstract concerning property tax data (instead of the auditor of state). Deletes reimbursement rate parameters for reimbursement of managed care organizations under the healthy Indiana plan. Extends the sunset of the collection of hospital assessment fees and health facility quality assessment fees from June 30, 2023, to June 30, 2025. Increases the total number of adult learner students at the Excel Centers for Adult Learners and Christel House DORS centers for whom the school may receive state funding. Establishes the Indiana education scholarship account donation fund to accept donations for administration of the Indiana education scholarship account program. Repeals the special education fund. Establishes a state tax credit for a taxpayer that makes certain qualified child care expenditures in providing child care to the taxpayer's employees. Extends provisions for the gasoline tax and the special fuel tax rates. Amends a statute concerning powers and duties of a regional water, sewage, or solid waste district established under prior law. Extends the sunset for the invasive species council and fund from July 1, 2023, to July 1, 2031. Prohibits school corporations and charter schools from charging a fee for curricular materials to students. Provides that the parent of a student or an emancipated minor who attends an accredited nonpublic school and who meets financial eligibility requirements may request reimbursement of fees charged for curricular materials. Establishes the curricular materials fund. Requires a county auditor to distribute a portion of revenue received from an operations fund levy imposed by a school corporation located in certain counties to certain charter schools (excludes school corporations that are designated as a dist |
| | Current Status: | 5/4/2023 - Public Law 201
|
| | State Bill Page: | HB1001 |
| |
| HB1040 | REQUIREMENTS FOR ELECTED OFFICIALS. (LEHMAN M) Provides that if an examination of an audited entity is unable to be performed because the audited entity's accounts, records, files, or reports are not properly maintained or reconciled, the entity may be declared unauditable. Requires an unauditable entity to bring its accounts, records, files, or reports into an auditable condition within 90 days. Requires the state board of accounts (SBOA) to publish a list of entities declared to be unauditable on the SBOA's website. Provides that if an entity is declared unauditable and the fiscal officer is unable to perform the fiscal requirements of their position, the entity is required to hire outside assistance for guidance or to perform the fiscal requirements. Clarifies an exception regarding the liability of an elected official for acts that constitute gross negligence or intentional disregard of the official's duties. Requires the SBOA to annually call a conference for: (1) city and town controllers and clerk-treasurers, newly appointed city and town controllers, and city and town clerk-treasurers elect; and (2) township trustees and township trustees elect. Provides that elected officials must attend training every two years and that the SBOA shall keep attendance of elected officials and publish it on the SBOA's website. Makes an exception for school corporation treasurer personal liability. Provides that if there is an office of town clerk-treasurer that is vacant, and the town legislative body is unable to fill the office, the town legislative body may either: (1) enter into a local agreement with the town clerk-treasurer and town legislative body of another town in the state to assist a selected town legislative body member in performing the duties of the clerk-treasurer's office; or (2) enter into a contract with a certified public accountant to assist the town legislative body member in performing the duties of the clerk-treasurer's office. (Current law provides that the town legislative body may only enter into a contract with a certified public accountant after the town legislative body is unable to reach an agreement with another town.) Provides that if, after reasonable diligence, a town may hire any qualified person to perform the duties of the clerk-treasurer's office until the vacancy can be filled, or until the end of the current clerk-treasurer's term, whichever is first. Provides that newly elected officials shall complete five hours of training before taking office. Provides that elected officials shall certify completion of training requirements to the SBOA annually. Excludes self-supporting school lunch and the rental or sale of curricular materials as programs that may be established as separate funds. Repeals obsolete provisions. Makes technical corrections. |
| | Current Status: | 4/20/2023 - Public Law 58
|
| | State Bill Page: | HB1040 |
| |
| HB1041 | STATE BOARD OF ACCOUNTS. (LEHMAN M) Provides that the state board of accounts (SBOA) is designated as the independent external auditor of audited entities and is subject to applicable professional accounting standards. Requires annual reports to be prepared, verified, and filed with the state examiner as set forth in the uniform compliance guidelines. Requires all appointments of field examiners be made solely upon the ground of fitness in accordance with professional accounting and auditing standards. Provides that if an examination of an audited entity is unable to be performed because the audited entity's accounts, records, files, or reports are not properly maintained or reconciled, the audited entity may be declared to be unauditable. Provides that an audited entity that is declared unauditable shall bring its accounts, records, files, or reports into an auditable condition within 90 days. Requires the SBOA to publish a list of audited entities declared unauditable on its website. Revises conditions under which the state examiner may undertake an examination based on a violation of the law. Requires the SBOA to approve a request by an audited entity to opt out of examinations and engage a certified public accountant to conduct examinations if, within the last six years, the SBOA has not issued an examination or special investigation report critical of the audited entity's internal controls and there have been no adverse reports. Provides that the SBOA may terminate its approval of the use of a certified public accountant if certain requirements are not met. Revises the provision regarding field examiner traveling expenses. Makes changes to certain reporting, resolution, and disclosure requirements. Simplifies the provision regarding parties and a plaintiff's right of recovery. Removes provisions regarding additional powers of the state examiner and attorney general. Provides that if the attorney general brings an action against an official bond, official bonds, or a crime insurance policy, the cause may be brought in the name of the state of Indiana upon the relation of the attorney general as plaintiff. Repeals a provision regarding the withdrawal or removal of counties from solid waste management districts. Repeals a provision regarding bonds and crime policies for faithful performance. Repeals a provision regarding examination reports, requisites, performance of public works, and SBOA powers. Repeals a provision regarding copies of reports filed with libraries, public inspections, and request renewals. Makes technical and conforming changes. |
| | Current Status: | 4/20/2023 - Public Law 59
|
| | State Bill Page: | HB1041 |
| |
| HB1046 | TRANSPORTATION MATTERS. (MORRISON A) Provides that a transit development district may be established in a municipality that is located in a county that is a member of the development authority and has operated regularly scheduled commuter bus services to Chicago, Illinois, with prior financial assistance from the development authority, and shuttle bus services that transport riders to a train station or a regular train stop along the Chicago to South Bend line. Provides for a public transportation corporation located in a county having a population of more than 185,000 and less than 200,000 to expand service beyond the boundary of the county to an adjacent county if the counties have entered into an interlocal cooperation agreement to expand service. |
| | Current Status: | 5/4/2023 - Public Law 210
|
| | State Bill Page: | HB1046 |
| |
| HB1049 | TRANSPORTATION MATTERS. (PRESSEL J) Provides that the department of transportation (department) may accept a proposal and award a contract for the construction, improvement, or maintenance of a road if the lowest responsive and qualified bid is less than $3,000,000. (Current law says if the lowest responsive and qualified bid is less than $1,000,000.) Provides that the department may accept a proposal and award a contract for the construction, improvement, or maintenance of a road if the lowest responsive and qualified bid is one of three or more bids received by the department for the contract. (Current law says if the lowest responsive and qualified bid is one of four or more bids received by the department for the contract.) Authorizes the department to use construction manager general contractor and progressive design-build delivery methods for certain projects. Defines a "bicycle traffic control signal". Provides that a person may cautiously enter an intersection and make a left turn if turning from the left lane or a designated left-turn lane of a one-way street into another one-way street with the flow of traffic. Provides for the requirements and explanations of colors for bicycle traffic control signals exhibiting colored lights. Urges the legislative council to assign certain topics to an existing study committee. Makes conforming and technical changes. |
| | Current Status: | 4/20/2023 - Public Law 60
|
| | State Bill Page: | HB1049 |
| |
| HB1069 | AIRPORTS. (CHERRY R) Voids an administrative rule concerning eligibility of projects for which funding is available from the airport development grant fund (grant fund) and relocates (with stylistic changes) the contents of the voided administrative rule. Requires the Indiana department of transportation, in determining the match for a state grant for which federal grants are not available, to: (1) consider the airport classification and the type of project; and (2) require matching funds of at least 25%. |
| | Current Status: | 5/1/2023 - Public Law 123
|
| | State Bill Page: | HB1069 |
| |
| HB1160 | WORKFORCE DEVELOPMENT PILOT PROGRAMS. (CLERE E) Provides that the commission for higher education may establish an education and career support services pilot program to provide career and support services to adult students of state educational institutions. Provides that the office of the secretary of family and social services (FSSA), in consultation with Erskine Green Training Institute and the department of workforce development, may establish a manufacturing workforce training pilot program to provide training and other services to: (1) individuals with intellectual and other developmental disabilities; and (2) incumbent workers who are identified to fill higher paying jobs as a result of increased workforce participation by individuals with intellectual and other developmental disabilities. Specifies requirements and permitted actions for each pilot program. Requires FSSA to amend administrative rules. |
| | Current Status: | 5/4/2023 - Public Law 216
|
| | State Bill Page: | HB1160 |
| |
| HB1167 | LIVE STREAMING AND ARCHIVING MEETINGS. (SMALTZ B) Requires governing bodies of state and local agencies (excluding a state supported college or university) to provide, on a publicly accessible platform: (1) live transmissions of public meetings; and (2) an archive of copies of the live transmissions with links to any meeting agendas, minutes, or memoranda. Provides that if a governing body does not have Internet capability for live transmission of public meetings, the governing body shall record the meeting. Provides that transmissions and recordings of public meetings may be destroyed after 90 days. |
| | Current Status: | 5/1/2023 - Public Law 127
|
| | State Bill Page: | HB1167 |
| |
| HB1343 | OCCUPATIONAL REGULATIONS. (TESHKA J) Provides that all occupational regulations must be limited to those demonstrably necessary and carefully tailored to fulfill legitimate public health, safety, or welfare objectives. Requires each public agency to conduct a review of all occupational regulations within the public agency's jurisdiction not later than July 1, 2025. Provides that a public agency shall take certain actions to modify or repeal an occupational regulation that does not conform to these standards. Provides that after July 1, 2025, a person who engages in an occupation or profession to which an occupational regulation applies may file a petition for repeal or modification of the occupational regulation with the public agency having jurisdiction over enforcement of the occupational regulation. |
| | Current Status: | 5/1/2023 - Public Law 142
|
| | State Bill Page: | HB1343 |
| |
| HB1438 | PUBLICATION OF LOCAL GOVERNMENT NOTICES. (MILLER D) Provides that a towing service is subject to the same public notice advertising rates as a government agency if the service: (1) acts as an agent of a government agency; and (2) provides the notice required to dispose of abandoned vehicles or parts. Provides for the creation of a public notice task force (task force) to study notice publication statutes for the purpose of streamlining the process and maximizing value to Indiana citizens. Provides the following: (1) The task force must publish a report with its determinations and recommendations for legislation not later than December 1, 2023. (2) The task force expires December 31, 2023. |
| | Current Status: | 4/20/2023 - Public Law 84
|
| | State Bill Page: | HB1438 |
| |
| HB1454 | DEPARTMENT OF LOCAL GOVERNMENT FINANCE. (SNOW C) Provides that the term of any judgment funding bond with regard to either: (1) the city of Hobart; or (2) the Merrillville Community School Corporation; issued for the purpose of paying a property tax judgment rendered against Lake County for assessment year 2011, 2012, 2013, or 2014 shall be 25 years. Changes the sunset date for the procedure for selling certain bonds to July 1, 2025, and makes corresponding changes. Adds nonprofit building corporations created by a municipal corporation to a provision concerning the purchase of municipal securities by the treasurer of state and provides that such a security must have a stated final maturity of not more than 25 years after the date of purchase. Specifies expenses eligible for funding from the READI fund. Prohibits the department of local government finance from approving a county reassessment plan before the assessor provides verification that the land values determination has been completed. Removes language from a statute allowing a taxpayer to elect a special property tax valuation method for mini-mill equipment that prohibited the election if any outstanding bond obligations would be impaired as a result of the election. Requires an assessor determining land values to submit the values to the county property tax assessment board of appeals (PTABOA) and the department. Establishes procedures for rental property assessment appeals. Makes changes to a provision granting a property tax exemption to cemetery owners. Requires the land of controlled environment agriculture property to be classified and assessed as agricultural and the improvements to be classified and assessed as an agricultural greenhouse for property tax assessment. Prohibits a PTABOA determination of assessed value following a hearing that exceeds the original appealed assessed value at issue. Provides that a qualified taxing unit located in Lake County that has experienced a property tax revenue shortfall in one or more tax years: (1) resulting from erroneous assessed valuation figures; and (2) which was, or will be, at least $5,000,000, or 20% of its net tax levy, as a result of the erroneous assessed valuation amount; may apply to the treasurer for a loan from the counter-cyclical revenue and economic stabilization fund. Describes procedures, limitations, and uses for such loans. Limits the amount of loans to all qualified taxing units to $35,000,000. Prescribes a formula for determining a population growth of 150% for purposes of the exclusion from maximum ad valorem property tax levy limits for municipalities that meet specified criteria. Makes changes to statutes concerning maximum property tax levies for: (1) Sugar Creek Township Fire Protection District; and (2) Otter Creek Township. Amends an exclusion from the definition of "controlled project" for projects required by a court order. Extends through 2026 the authority for certain school corporations to allocate circuit breaker credits proportionately but imposes limitations with respect to school corporation eligibility to allocate such credits. Repeals the provision establishing the division of data analysis of the department. Prohibits a county auditor from denying an application for a standard deduction for a homestead because the applicant does not have a valid driver's license with the address of the homestead property. Provides that when a county auditor submits a certified statement of assessed value to the department, the county auditor shall exclude the amount of assessed value for any property located in the county for which an appeal has been filed and for which there is no final disposition. Provides that a county auditor may appeal to the department to include the amount of assessed value under appeal within a taxing district for that calendar year. Provides for the expiration of certain supplemental county property tax levy provisions on the later of: (1) January 1, 2045; or (2) the date on which all bonds or lease agreements outstanding on July 1, 2023, for which a pledge of tax revenue is completely paid. Imposes reporting and publication requirements for those bonds and leases. Removes the requirement that a PTABOA quorum must include at least one certified level two or level three assessor-appraiser. Prescribes additional duties for the department. Provides that the distressed unit appeal board (DUAB) may employ staff (instead of an executive director). Provides that the department may (instead of shall) support the DUAB's duties using money from the department's budget funding. Repeals provisions requiring the DUAB to pay the emergency manager's compensation and to reimburse the emergency manager for actual and necessary expenses. Repeals the fiscal and qualitative indicators committee (committee). Replaces references to the committee with references to the DUAB. Provides that, in the assessment of tangible property, confidential information may be disclosed to an official or employee of a county assessor or auditor. Provides that the required annual visit between a representative of the department and each county may take place virtually. Requires a township or county assessor to document any changes made to the parcel characteristics of real property from the previous year's assessment in an assessment of the real property. Provides that a township may elect to establish a township firefighting fund and a township emergency services fund in lieu of the township firefighting and emergency services fund. Provides that the excess of the proceeds of the property taxes attributable to an increase in the property tax rate for a participating unit of a fire protection territory that is established after the establishment of a tax increment financing area located outside of Marion County shall be allocated to and distributed in the form of an allocated property tax revenue pass back to the participating unit of the fire protection territory and not to the redevelopment district. Provides that the fiscal body of a county may adopt an ordinance to establish a property tax amnesty program and require a waiver of interest and penalties added before January 1, 2023, on delinquent taxes and special assessments on real property in the county if certain conditions are met. Amends provisions excluding the part of a participating unit's proceeds of property taxes imposed in certain tax increment finance areas for an assessment date with respect to which the allocation and distribution is made that are attributable to property taxes imposed to meet the participating unit's obligations to a fire protection territory. Reduces the fee, from 15% to 10%, that the department of state revenue may charge a debtor for any debts collected as a collection fee for the department's services, not including local collection assistance fees. Establishes a tax credit for an eligible taxpayer that employs certain individuals with a disability. Provides that contributions to a 529 college savings account or 529A ABLE account made after December 31, 2023, shall be considered as having been made during the taxable year preceding the contribution if certain conditions are met. Beginning in taxable year 2024, allows the Indiana economic development corporation to award a qualified taxpayer a historic rehabilitation tax credit equal to 25% or 30% of the qualified expenditures incurred in the restoration and preservation of a qualified historic structure, depending on the type of historic structure. Pro |
| | Current Status: | 5/4/2023 - Public Law 236
|
| | State Bill Page: | HB1454 |
| |
| HB1499 | VARIOUS TAX MATTERS. (THOMPSON J) Makes certain changes to the qualification requirements for the: (1) deduction for individuals who are at least 65 years of age; and (2) additional credit for certain homesteads. Increases the amount of the supplemental homestead deduction for property taxes first due and payable in 2024 and 2025. Provides that if a taxpayer presents an appraisal to the county property tax assessment board of appeals (county board) that meets specified requirements, the appraisal is presumed to be correct. Provides that if the county board disagrees with the taxpayer's appraisal, the county board may seek review of the appraisal or obtain an independent appraisal. Provides that after the assignment of value, the parties shall retain their rights to appeal to the Indiana board of tax review. Provides that, notwithstanding any increase in assessed value of property from the previous assessment date, the total amount of operating referendum tax that may be levied by a school corporation for taxes first due and payable in 2024 may not increase by more than 3% over the maximum operating referendum tax that could be levied by the school corporation in the previous year. Provides a calculation to be used in determining the maximum levy growth quotient in 2024 and 2025. Modifies, through December 31, 2024, the threshold amounts used for determining whether a political subdivision's project is a controlled project and whether the petition and remonstrance process or the referendum process applies based on the political subdivision's total debt service tax rate, but excludes certain projects for which a public hearing to issue bonds or enter into a lease has been conducted before July 1, 2023. Creates an exception, through December 31, 2024, to a provision subjecting a controlled project in a political subdivision with a total debt service rate of $0.80 per $100 of assessed valuation to the referendum process, if: (1) the political subdivision submits a request to the department of local government finance (DLGF) seeking a waiver of the provision; (2) the proposed controlled project is a response to a maintenance emergency; and (3) the DLGF determines that the maintenance emergency is sufficient to waive the provision. Amends an exclusion from the definition of "controlled project" for projects required by a court order. Authorizes a county fiscal body to adopt an ordinance to provide property tax relief for property tax liability attributable to homesteads for qualified individuals. Provides that a county may adopt a resolution to require a local income tax supplemental distribution to first be distributed and used to lower the county's levy freeze tax rate. Requires the DLGF to approve a county's request to decrease its levy freeze tax rate if the DLGF finds that the lower rate, in addition to the supplemental distribution amount determined under the resolution adopted by the county, would fund the levy freeze dollar amount. Requires the department of state revenue (department) to annually provide each resident individual taxpayer who paid adjusted gross income taxes in the immediately previous taxable year a taxpayer receipt statement in an electronic format explaining how the individual taxpayer's taxes are being used. Requires the department, in consultation with the budget agency, to create and administer an Internet web page on which individual taxpayers may access an estimate of the allocation of their adjusted gross income taxes to various expenditure categories for the most recent state fiscal year based on the adjusted gross income taxes paid by the taxpayer. Specifies the information that must be provided on the web page. Defines "maintenance emergency". Makes conforming changes. |
| | Current Status: | 5/4/2023 - Public Law 239
|
| | State Bill Page: | HB1499 |
| |
| HB1512 | WASTE DIVERSION AND RECYCLING. (SPEEDY M) Renames the central Indiana waste diversion pilot project the "central Indiana waste diversion project" (project). Establishes two new purposes for the project: (1) advancing research and development to enhance existing waste diversion efforts and supporting the creation of new processes and technologies that expand upon the existing universe of waste diversion and reuse of recyclable material; and (2) supporting recycling technology or programs for the return, collection, and sorting of recyclable glass, aluminum, or plastic beverage containers that are accessible to the general public and are operated by a retail merchant, a professional sports or entertainment venue, an airport, an elementary school or high school, or an institution of higher education. Extends the duration of the project from three years to four years. Requires the beginning of a second round of grant applications and awards. Provides that, in the second round, private sector persons and companies located in Hamilton, Hancock, Shelby, Johnson, Morgan, Hendricks, and Boone Counties (in addition to Marion County) may apply for grants from the program. Grant applicants must provide a financial match as determined by the Indiana recycling market development board (board). Requires the department of environmental management, for purposes of the second round, to develop and distribute grant application forms, accept grant applications, and make recommendations to the board. Authorizes the board to request additional information from a grant applicant if the board determines that the information provided does not meet certain requirements and to reopen the application process if the board determines that none of the applications submitted meet the goals of the project. Requires the board, in the second round, to award not more than a total of $2,000,000 to grant applicants. Requests the legislative council to assign to an appropriate interim study committee the task of studying various recycling topics. |
| | Current Status: | 5/1/2023 - Public Law 153
|
| | State Bill Page: | HB1512 |
| |
| HB1623 | ADMINISTRATIVE LAW. (BARTELS S) Establishes the government reform task force (task force). Provides for members of the task force. Requires the task force to submit a report. Prohibits the consideration of the number or amount of fines or civil penalties imposed on regulated entities by an employee in an agency's evaluation or compensation of the employee. Makes various procedural changes concerning the adoption of administrative rules, including the following: (1) Requires budget agency and office of management and budget review of a regulatory analysis of all proposed rules. (2) Requires a state budget committee review of rules adding or increasing fees, fines, or civil penalties. (3) Requires publication of the text of a proposed rule in the first public comment period and allows a proposed rule to be adopted after one public comment period if no substantive public testimony is received and the rule is not more stringent than applicable federal standards. (4) Replaces various laws granting emergency rulemaking authority with a description of the circumstances when emergency rulemaking (renamed "provisional" rules and "interim" rules) may be used, increases governor and attorney general oversight of provisional or interim rules, and adds a public comment period for interim rules. (5) Reduces from seven to five years the time in which rules need to be readopted to remain effective. (6) Requires agencies to webcast public hearings and allow remote testimony. Prohibits state standards for disposal of coal combustion residuals to be more stringent than federal standards. Allows for certain rules on certain pesticides that are more stringent than federal law. Permits a person to recover attorney's fees if an agency issues an order that is based on an invalid rule or issued without legal authority. Permits an applicant or licensee to recover damages if a professional or occupational licensing agency fails to adopt a rule required to obtain a license. Repeals superseded statutes and makes cross-reference, name, and other conforming changes. |
| | Current Status: | 5/4/2023 - Public Law 249
|
| | State Bill Page: | HB1623 |
| |
| HB1639 | WATERSHED DEVELOPMENT COMMISSIONS. (AYLESWORTH M) Provides that the executives of one or more counties may adopt ordinances designating their counties as members of a proposed watershed development commission and that the proposed watershed development commission is established as a legal entity with the counties as its members if it is recognized by the natural resources commission. Allows a watershed development commission to be established for certain flood damage reduction, drainage, storm water management, recreation, and water infrastructure purposes, but provides that "water infrastructure purposes" excludes any drinking water project in a county or municipality. Requires the natural resources commission, in deciding whether to recognize a proposed watershed development commission, to answer certain questions. Provides that a nonmember county may become a member of an established watershed development commission if its membership is accepted by the member counties and recognized by the natural resources commission. Requires the department of natural resources (department), with the approval of the natural resources commission, to certify the area of a member county that is within a watershed development commission's designated watershed. Provides that a watershed development commission may also have water quality purposes if its board develops a water quality improvement plan that is approved by the natural resources commission. Specifies that a water quality purpose, goal, project, or interstate agreement does not convey water quality regulatory authority to a watershed development commission. Provides for a watershed development commission to be governed by a board that includes: (1) the director of the department or the director's designee; (2) the county surveyor of each county that is a member of the commission and is entitled to membership on the board; (3) an individual other than the county surveyor representing each county that is a member of the commission and is entitled to membership on the board; and (4) either: (A) one individual appointed to represent each second class city that is located in a participating county and within the designated watershed of the watershed development commission; or (B) if a participating county does not include a second class city that is located within the designated watershed of the watershed development commission, one individual appointed to represent the municipality that has the largest population of all municipalities that are located in the participating county and within the designated watershed of the watershed development commission. Requires a watershed development commission to develop a flood damage reduction and drainage plan for its designated watershed. Grants a watershed development commission exclusive authority to perform drainage and flood damage reduction activities within the channel of the river that is the surface water outlet of its designated watershed. Authorizes a watershed development commission to enter into an interlocal cooperation agreement with an existing local governmental authority to apportion flood damage reduction authority and financial support between the two entities. Provides for the funding of a watershed development commission through an annual special assessment that may be imposed against each taxable parcel of real property located: (1) in a member county; and (2) within the designated watershed of the watershed development commission. Establishes maximum assessment levels and allows the board of a watershed development commission to reduce the special assessment to lower levels. Authorizes a member county to adopt any of three alternative methods of funding the watershed development commission. Prohibits the use of money collected from a special assessment for highway bridge repairs or reconstruction. Authorizes a watershed development commission to give preference to an Indiana business over an out-of-state business in contracting for public works. Establishes a procedure under which the Maumee River basin commission, the St. Joseph River basin commission, or the Upper Wabash River basin commission may be transformed into a watershed development commission. Provides that if the St. Joseph River basin commission is transformed into a watershed development commission, the members of the St. Joseph River basin commission become the first members of the St. Joseph River watershed development commission's advisory committee. |
| | Current Status: | 5/4/2023 - Public Law 251
|
| | State Bill Page: | HB1639 |
| |
| SB3 | STATE AND LOCAL TAX REVIEW TASK FORCE. (HOLDMAN T) Establishes the state and local tax review task force (task force). Specifies the membership of the task force and the topics the task force is required to review. Provides that the member of the task force who is an economist is appointed jointly by the president pro tempore of the senate and the speaker of the house of representatives. Provides for the selection of the chairperson and vice chairperson of the task force. |
| | Current Status: | 5/4/2023 - Public Law 163
|
| | State Bill Page: | SB3 |
| |
| SB246 | EXCESS LIABILITY TRUST FUND. (NIEMEYER R) Defines "aboveground storage tank" as a tank or combination of tanks that is at least 90% above the surface of the ground, that has a capacity of more than 1,500 gallons but not more than 20,000 gallons, and that is used for the bulk storage and distribution of motor fuel to retailers or used at an airport. Changes the name of the underground petroleum storage excess liability fund to the "petroleum storage excess liability fund" (ELTF). Changes the name of the underground storage tank financial assurance board to the "petroleum storage tank financial assurance board" (financial assurance board). Transfers, from the state fire marshal and the fire prevention and building safety commission to the department of environmental management (department) and the environmental rules board, the authority to issue certificates for people who install, test, or decommission underground or aboveground storage tanks. Transfers rules concerning the certification program. Authorizes the use of the ELTF to provide a source of money to satisfy liabilities for corrective action involving aboveground storage tanks. Authorizes the use of the ELTF to provide reimbursement of 50% of costs of decommissioning or replacing underground petroleum storage tanks subject to certain conditions, but limits the total amounts that can be paid from the ELTF each year for this purpose. Requires the financial assurance board to adopt: (1) rules concerning this reimbursement program; and (2) rules under which ELTF eligibility and funding may be reopened for a release previously granted "no further action" status by the department. Provides that a subsequent owner of a property on which a restrictive covenant has been placed because of soil or water contamination due to a leaking underground or aboveground storage tank is eligible for reimbursement from the ELTF of remediation expenses if the tank was registered and all annual fees for the tank were paid before the eligible release. Provides that the commissioner of the department (commissioner) may not: (1) issue an order to secure compliance; or (2) proceed in court; to require the owner or operator of an underground storage tank to undertake corrective action with respect to a release of petroleum until the commissioner has received and reviewed the initial site characterization of the site of the release. Provides that, if a quantity of the released petroleum remains or may remain underground at a site, the commissioner is prohibited from: (1) requesting that the owner or operator execute a restrictive covenant applying to the site; (2) making a determination of no further action being required at the site; or (3) approving closure of the site; unless the commissioner has received and reviewed the initial site characterization, but allows the commissioner to require the owner or operator to undertake corrective action at the site before reviewing the initial site characterization in case of a threat to human health or the environment. Establishes requirements for initial site characterizations. Provides that a qualified environmental professional, upon behalf of a tank owner, may request a waiver of the initial site characterization requirements and suggest an alternative procedure. Provides that the fee for the inspection of gasoline or kerosene: (1) applies to "avgas" (aviation fuel used in piston engine powered aircraft) in the same manner and to the same extent as it applies to gasoline; and (2) applies to jet fuel in the same manner and to the same extent as it applies to kerosene. Establishes an aviation fuel account (account) within the ELTF and requires that the inspection fees on avgas and jet fuel be deposited in the account. Provides that the account may be used only for financial responsibility, corrective action, third party indemnification, and administration expenses related to avgas and jet fuel. |
| | Current Status: | 5/4/2023 - Public Law 176
|
| | State Bill Page: | SB246 |
| |
| SB317 | CONTRACTING AND PURCHASING. (ZAY A) Provides that a political subdivision may make advance payments to contractors to enable the contractors to purchase materials needed for a public works project of the political subdivision. Provides that a political subdivision may make advance payments for goods or services before the goods are delivered or services are completed if the fiscal body of the political subdivision authorizes advance payments. |
| | Current Status: | 5/4/2023 - Public Law 181
|
| | State Bill Page: | SB317 |
| |
| SB332 | PLANNING AND ZONING AFFECTING MILITARY BASES. (MESSMER M) Allows a unit to establish a military impact zoning district for an area adversely impacted by the effects of military operations. Establishes a state area of interest that is comprised of land within one or both of the following: (1) Within three miles of certain military installations. (2) Within a military impact zoning district. Makes planning, zoning, and development activity (activity) in a state area of interest subject to the military installation commander's determination regarding the activity's impact on military operations. Allows a representative of the military installation to serve as a nonvoting adviser to the unit's plan commission. Requires a lease or real estate sales disclosure form to disclose that the property is within a state area of interest. Provides that the responsibility for the disclosure required by the owner that the property is located near a military installation rests solely with the owner of the property and no liability for the owner's failure to make the required disclosure shall accrue to any third party. |
| | Current Status: | 4/20/2023 - Public Law 43
|
| | State Bill Page: | SB332 |
| |
| SB353 | RISK MANAGEMENT AND CATASTROPHIC LIABILITY FUNDS. (CHARBONNEAU E) Authorizes the insurance commissioner to cease operation of the political subdivision risk management fund upon a determination by the insurance commissioner that: (1) all political subdivisions that were members of the fund have withdrawn from the fund; and (2) all payment of the liabilities of former members of the fund have been determined and finalized. Authorizes the insurance commissioner to cease operation of the political subdivision catastrophic liability fund upon a determination by the insurance commissioner that: (1) all political subdivisions that were members of the fund have withdrawn from the fund; and (2) all payment of the liabilities of former members of the fund have been determined and finalized. Requires the insurance commissioner, when ceasing operation of one of the funds, to distribute the balance in the fund to former members of the fund, distributing to each former member an amount proportional to the total of assessments and (in the case of the political subdivision risk management fund) surcharges paid by the former member. Provides that the laws establishing the political subdivision risk management fund and the political subdivision catastrophic liability fund expire when the insurance commissioner certifies to the executive director of the legislative services agency that: (1) the funds have no remaining members; (2) all payments of liabilities of former members of the funds have been determined and finalized; and (3) the balances in the funds have been distributed to former members of the funds. Amends a provision of the law concerning tort claims against governmental entities to provide that giving notice of a tort claim against a political subdivision to the political subdivision risk management commission is not required if the law establishing the political subdivision risk management commission has expired. |
| | Current Status: | 4/20/2023 - Public Law 46
|
| | State Bill Page: | SB353 |
| |
| SB390 | COMMERCIAL SOLAR AND WIND ENERGY READY COMMUNITIES. (MESSMER M) Provides that the commercial solar and wind energy ready communities development center (center) may be established within the Indiana office of energy development (office). Provides that the center, if established, shall: (1) provide comprehensive, easily accessible information concerning permits required for commercial solar projects and wind power projects; and (2) work with permit authorities concerning those projects. Requires the center to create and administer a program to certify counties and municipalities as commercial solar energy ready communities and wind energy ready communities. Requires the office to certify a county or municipality as a commercial solar energy ready community or a wind energy ready community if the county or municipality meets certain requirements, including the adoption of a commercial solar regulation or wind power regulation that includes standards that are not more restrictive than the default standards established by Indiana law. Provides that a commercial solar and wind energy ready communities incentive fund (fund) may be established by the office. Provides that if: (1) a county or municipality receives certification as a commercial solar energy ready community or a wind energy ready community; (2) a project owner constructs a commercial solar project or wind power project in the county or municipality; (3) the fund is established; and (4) there is a sufficient balance in the fund; the office may authorize the county or municipality to receive from the fund, for a period of 10 years, $1 per megawatt hour of electricity generated by the commercial solar project or wind power project. |
| | Current Status: | 4/20/2023 - Public Law 50
|
| | State Bill Page: | SB390 |
| |
| SB477 | THREATS TO CRITICAL INFRASTRUCTURE. (BUSCH J) Amends the statute prohibiting the use of public funds to purchase equipment or services produced or provided by certain prohibited persons determined to be a national security threat to communications networks or supply chains to also prohibit the use of public funds to purchase communications equipment or service that is: (1) determined under specified federal regulations to pose an unacceptable risk to the national security of the United States or the security and safety of United States persons; and (2) included on the covered list published, maintained, and updated by the federal Public Safety and Homeland Security Bureau on the website of the Federal Communications Commission. Provides that the governor may, at any time, and in consultation with the executive director of the department of homeland security, designate a country as a threat to certain critical infrastructure located in Indiana. Provides that after June 30, 2023, a specified qualified entity may not enter into an agreement relating to critical infrastructure with a company if: (1) under the agreement, the company would be able to directly or remotely access or control of a critical infrastructure or a cybersecurity system of a critical infrastructure; and (2) the company is: (A) owned or controlled by citizens of (or a company or entity owned or controlled by citizens or the government of) China, Iran, North Korea, Russia, or a country designated as a threat to critical infrastructure by the governor; or (B) headquartered in China, Iran, North Korea, Russia, or a country designated as a threat to critical infrastructure by the governor. Provides that after June 30, 2023, a prohibited person may not purchase, lease, or acquire a parcel of real property that is directly adjacent to a military installation. Provides that the attorney general may investigate the purchase, lease, or acquisition of real property upon receipt of a complaint. Provides that the attorney general shall enforce a violation by commencing a receivership proceeding and selling the property through the receivership. |
| | Current Status: | 5/1/2023 - Public Law 118
|
| | State Bill Page: | SB477 |
| |