This IND Up Regional Chamber Agenda Legislation Action Report
Prepared by: Matt Bell
Report created on March 28, 2024
 
HB1001STATE BIENNIAL BUDGET (BROWN T) Appropriates money for capital expenditures, the operation of the state, the delivery of Medicaid and other services, and various other distributions and purposes. Specifies higher education capital projects authorized to be constructed using bonds. Establishes a historic preservation grant program and provides that the income tax credit for historic preservation does not apply to expenditures made after June 30, 2016. Specifies that the budget report must include a list of tax expenditure items. Specifies that for financial reporting purposes, the state's combined general fund reserves include the balances of the general fund, the Medicaid contingency and reserve account, the state tuition reserve account, and the counter-cyclical revenue and economic stabilization fund (less any outstanding loans). Changes the name of the state tuition reserve fund to an account within the state general fund. Prohibits the budget agency from enforcing a policy or procedure against certain agencies and officials by refusing to allot money from the personal services/fringe benefits contingency fund to the official or agency. Establishes the securities rating settlement fund for the purpose of depositing and distributing money received under a multistate agreement related to litigation concerning securities rating agencies. Specifies that money received by the state under such an agreement shall be distributed by the auditor of state as follows: (1) 67.67% shall be transferred to the state general fund. (2) 16.165% shall be transferred to the securities division enforcement account. (3) 16.165% shall be transferred to the homeowner protection unit account. Prohibits the budget agency from withholding appropriations for a state educational institution without review by the budget committee. Establishes the state bicentennial capital account to provide funds for capital projects that commemorate the bicentennial of Indiana's statehood. Provides that the budget agency shall administer the account. Provides that money generated from the lease of communications systems infrastructure (including under a public-private partnership) shall be transferred to the account to be used for capital projects that commemorate the bicentennial of Indiana's statehood. Establishes the office of state based initiatives. Increases the fee for taxing units for state board of accounts audits from $45 per day to $175 per day. Specifies that the fee for state colleges and universities is the direct and indirect cost of an examination (now $83 per hour). Permits a state college or university to have its examination performed by an independent certified public accounting firm. Provides that fees collected for audits are to be deposited in the state board of accounts trust and agency fund. Makes the fund a dedicated fund that can be used to cover expenses of doing audits...REVIEW FULL DIGEST IN THE MISC. DOCUMENTS SECTION BELOW
 Current Status:   5/7/2015 - SIGNED BY GOVERNOR
 Recent Status:   4/29/2015 - Conference Committee Report Adopted CCR #1 (69-30)
4/29/2015 - Conference Committee Report Adopted CCR #1 (40-9)
 State Bill Page:   HB1001
 
HB1221GRANTS AND TAX CREDITS FOR HISTORIC PRESERVATION. (CLERE E) Authorizes the office of community and rural affairs (office) to administer a grant program for the preservation of historic properties. Provides that the income tax credit for the preservation of historic properties applies to the preservation or rehabilitation of historic properties that have been vacant for at least one year. Establishes four new methodologies for determining the amount of the tax credit. Provides that a property's adjusted basis is not reduced by the amount of the credit if a person is entitled to a federal low income housing tax credit. Changes numerous spending floors and caps relating to the tax credit. Phases in increases to the annual statewide cap on the tax credit until the cap is $10,000,000. Allows the tax credit to be assigned. Specifies that the office may adopt emergency rules. Voids a rule providing that the maximum amount of tax credits for a particular project is $100,000. Prohibits the office from reallocating available tax credits from year to year.
 Current Status:   2/25/2015 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.1)
 Recent Status:   1/13/2015 - Coauthored by Representatives Negele, Soliday and Dvorak
1/13/2015 - Referred to House Ways and Means
 Priority:   Tier 1 - High
 State Bill Page:   HB1221
 
HB1237NEW INFORMATION TECHNOLOGY EQUIPMENT. (GIAQUINTA P) Amends the definition of "qualified investment" for purposes of an enterprise zone investment deduction to include new information technology equipment.
 Current Status:   2/25/2015 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.1)
 Recent Status:   1/13/2015 - Referred to House Ways and Means
1/13/2015 - First Reading
 State Bill Page:   HB1237
 
HB1262RETURN AND COMPLETE GRANT. (DERMODY T) Requires the commission for higher education (commission), in consultation with postsecondary educational institutions, to adopt, not later than August 1, 2015, guidelines for postsecondary educational institutions concerning the administration of the return and complete project. Requires the commission, in collaboration with the postsecondary educational institutions, to compile certain information. Requires the commission, beginning in 2016, to annually report to the legislative council certain information. Establishes the return and complete grant fund to fund grants for eligible students who: (1) are Indiana residents; (2) earned some course credit from a postsecondary educational institution before January 1, 2014; (3) have not earned an associate or baccalaureate degree as of January 1, 2015; and (4) have not been enrolled in any postsecondary educational institutions since January 1, 2014. Establishes the eligibility requirements for the grant. Requires the commission to administer the grant as a financial aid award. Provides that: (1) the amount of a complete and return grant awarded may not be reduced because the student receives other scholarships or forms of financial aid; and (2) the amount of any other state financial aid received by a student may not be reduced because the student receives a return and complete grant.
 Current Status:   2/25/2015 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.1)
 Recent Status:   2/12/2015 - Referred to the Committee on Ways and Means pursuant to House Rule 127
2/12/2015 - Committee Report amend do pass, adopted
 Priority:   Tier 1 - High
 State Bill Page:   HB1262
 
HB1347DEFINITION OF ADJUSTED GROSS INCOME. (LEONARD D) Eliminates the adjustment based on the federal deduction for amounts spent on certain depreciable property under Section 179 of the Internal Revenue Code in the definition of "adjusted gross income" for purposes of the Indiana adjusted gross income tax and the financial institutions tax. Eliminates the add back of the federal deduction for domestic production activities under Section 199 of the Internal Revenue Code in the definition of "adjusted gross income" for purposes of the Indiana adjusted gross income tax and the financial institutions tax.
 Current Status:   2/25/2015 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.1)
 Recent Status:   1/13/2015 - Referred to House Ways and Means
1/13/2015 - First Reading
 Priority:   Tier 1 - High
 State Bill Page:   HB1347
 
HB1349VARIOUS TAX MATTERS. (HUSTON T) Provides that the equipment eligible for the double direct sales tax exemption includes material handling equipment purchased for the purpose of transporting materials into production activities from an onsite location. Specifies that the double direct sales tax exemption applies to agricultural machinery, tools, and equipment that is acquired for timber harvesting. Eliminates various adjustments to income for purposes of determining Indiana adjusted gross income. Eliminates various income tax exemptions, deductions, and credits. Specifies that certain tax credits for the preservation or rehabilitation of historic property certified before 2016 may be claimed or carried forward in future taxable years notwithstanding the elimination of the tax credit in 2016. Provides that business income is all income apportionable to the state under the Constitution of the United States. Provides that, for purposes of the sales factor, sales of tangible personal property are not considered to be made in this state if the property is shipped from the location of a third-party logistics services provider in this state. Broadens the addback to Indiana adjusted gross income related to intercompany interest expenses. Provides for a tax amnesty program. Makes technical corrections and conforming amendments.
 Current Status:   4/20/2015 - Senate Conferees appointed Hershman and Broden
 Recent Status:   4/20/2015 - Senate Advisors appointed Eckerty, Tallian and Perfect
4/20/2015 - House Conferees appointed Huston and Porter
 State Bill Page:   HB1349
 
HB1351AGENCY RULEMAKING AND POLICYMAKING. (WOLKINS D) Provides that an agency's statutory authority to regulate and implement programs does not include rulemaking or policymaking authority that is not based upon a federal requirement or that exceeds the authority granted to a federal or state agency under federal statutory authority. Provides an exception that rules, guidelines, standards, or other policies that are not based upon a federal requirement or specific statutory authority may be based upon: (1) the general authority of an agency, subject to limits in the grant of the authority and upon the subject matter; or (2) the power to adopt emergency rules. Requires the legislative services agency (LSA) to review proposed and adopted agency rules, guidelines, standards or other policies. Provides that it is not the intent of the general assembly to have the findings or opinions of the LSA regarding legislative intent or an agency's legal authority to be: (1) used as evidence in any investigation or proceeding; or (2) imputed to the general assembly. Makes changes to the statute requiring distribution of agency statements.
 Current Status:   4/15/2015 - DEAD BILL; Fails to advance by Senate 3rd reading deadline for House bills (Rule 79(b))
 Recent Status:   2/24/2015 - Referred to committee on Tax and Fiscal Policy
2/24/2015 - First Reading
 Priority:   Tier 1 - High
 State Bill Page:   HB1351
 
HB1403REGIONAL CITIES. (TORR J) Establishes the Indiana regional city fund (fund) to provide grants and loans to regional development authorities. Provides that the Indiana economic development corporation administers the fund. Broadens the definition of "project" under the regional development authority statute to include any project that enhances a region with the goal of attracting people or business. Specifies that the board of the Indiana economic development corporation (board) may not approve an application for a grant unless: (1) the budget committee has reviewed the application; (2) the board finds that approving the application will have an overall positive return on investment for the state; and (3) the application has received a positive recommendation from the strategic review committee. Provides that when the board awards a grant or makes a loan from the fund, the Indiana finance authority, upon request of the board, may determine that part of the grant or loan shall be made from the environmental remediation revolving loan fund if: (1) sufficient money has been transferred from the excess liability fund to the environmental remediation revolving loan fund; (2) the application requests funds for the elimination or mitigation of a release of petroleum from an underground storage tank; (3) the project is ineligible for assistance from the excess liability fund; and (4) the project meets applicable eligibility requirements established by the Indiana finance authority for assistance from the environmental remediation revolving loan fund. Provides that third class cities and towns may become members of a regional development authority. Changes the rules governing the membership of a board of a regional development authority. Requires a regional development authority to report various types of information to the Indiana economic development corporation. Replaces mandatory contributions to a regional development authority by a member county or municipality as a condition of membership with contributions for the support of specific projects that have been agreed to by some or all of the member counties and municipalities.
 Current Status:   5/6/2015 - SIGNED BY GOVERNOR
 Recent Status:   4/29/2015 - Signed by the President Pro Tempore
4/29/2015 - Signed by the Speaker
 Priority:   Tier 1 - High
 State Bill Page:   HB1403
 
HB1467PERFORMANCE FUNDING. (CARBAUGH M) Requires that, if the commission for higher education includes in the performance based formula a metric for on time graduation rates, the metric for four year state educational institutions must be based on students included in the formula who graduate with a baccalaureate degree in six or fewer years.
 Current Status:   2/25/2015 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.1)
 Recent Status:   1/14/2015 - Referred to House Education
1/14/2015 - First Reading
 Priority:   Tier 1 - High
 State Bill Page:   HB1467
 
HB1541ENTERPRISE ZONES. (DERMODY T) Provides that the fiscal body of a municipality may adopt a resolution renewing an enterprise zone for an additional five years after the date on which the enterprise zone is set to expire. Provides that new municipal enterprise zones may not be added after December 31, 2020. (Under current law, the board of the Indiana economic development corporation may not add any new municipal enterprise zones after December 31, 2015.) Amends the definition of "qualified investment" for purposes of an enterprise zone investment deduction after 2015 to include new information technology equipment, new research and development equipment, and new logical distribution equipment. Provides that all enterprise zones expire and must be phased out by December 31, 2030.
 Current Status:   4/15/2015 - DEAD BILL; Fails to advance by Senate 3rd reading deadline for House bills (Rule 79(b))
 Recent Status:   2/24/2015 - Referred to Senate Commerce & Technology
2/24/2015 - First Reading
 Priority:   Tier 1 - High
 State Bill Page:   HB1541
 
HB1605TAX CREDIT FOR MEDICAL DEVICE MANUFACTURERS. (SMALTZ B) Provides a tax credit against adjusted gross income tax liability for taxpayers who: (1) are subject to the federal medical device excise tax; and (2) receive certification of a credit amount from the Indiana economic development corporation based on the taxpayer's creation or retention of jobs in Indiana. Provides that the tax credit: (1) applies to taxable years after December 31, 2014, and before January 1, 2017; (2) may not be awarded after the date on which the federal medical device excise tax is repealed or expires under the Internal Revenue Code; and (3) shall not exceed the amount of federal medical device excise tax the corporation paid for the previous calendar year.
 Current Status:   2/25/2015 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.1)
 Recent Status:   2/12/2015 - Referred to the Committee on Ways and Means pursuant to House Rule 127
2/12/2015 - Committee Report amend do pass, adopted
 Priority:   Tier 1 - High
 State Bill Page:   HB1605
 
HB1606RURAL ENTREPRENEURSHIP AREA INCENTIVES. (SMALTZ B) Permits the office of community and rural affairs (office) to designate an applicant rural county as a rural entrepreneurship area development incentives area (READI area). Provides for the distribution of adjusted gross income taxes paid annually by employees working in an area for a new business or paid annually by additional employees in an existing business and by the new business itself to the rural county for the development of new business opportunities in the rural county, including transfers to local or regional venture capital funds. Limits the amount that may be distributed to a particular county in a state fiscal year to $250,000. Limits the total amount that may be distributed to all counties in a state fiscal year to $5,000,000. Requires matching local funds to qualify for a distribution. Specifies the authorized sources of the matching local funds. Appropriates money collected from counties with a READI area for distribution to those counties. Specifies the types of projects that may be funded from a county's rural entrepreneurship area development incentives fund, upon appropriation by the county fiscal body and after recommendation by a local economic development organization in the county.
 Current Status:   2/25/2015 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.1)
 Recent Status:   2/12/2015 - Referred to the Committee on Ways and Means pursuant to House Rule 127
2/12/2015 - Committee Report amend do pass, adopted
 Priority:   Tier 1 - High
 State Bill Page:   HB1606
 
HB1627INDIANA UNIVERSITY - PURDUE UNIVERSITY FORT WAYNE AS A METROPOLITAN CAMPUS. (MORRIS R) Defines "metropolitan campus". Requires the commission for higher education to designate Indiana University - Purdue University Fort Wayne as a metropolitan campus. Requires that a governance agreement or an operational contract for a metropolitan campus must contain certain provisions, and provides that a metropolitan campus is eligible for high impact degree funding.
 Current Status:   2/25/2015 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.1)
 Recent Status:   2/12/2015 - Representative GiaQuinta added as coauthor
1/22/2015 - Referred to House Education
 Priority:   Tier 1 - High
 State Bill Page:   HB1627
 
SB436STATE AND LOCAL TAXATION. (HERSHMAN B) Provides that if a taxpayer has personal property subject to assessment in more than one township in a county or has personal property that is subject to assessment and that is located in two or more taxing districts within the same township, the taxpayer shall file a single tax return with the county assessor. Provides that a personal property return notice must be filed with the county assessor, and not the township assessor, of the county in which the owner resides when the personal property is located in a different county. Provides a property tax exemption for taxpayers with less than $20,000 of total business personal property in a county. Removes the requirement in current law that such an exemption is effective in a county only if adopted by the county income tax council. Requires, for the $20,000 personal property exemption, that the owner's certification be notarized and signed under penalties for perjury. Extends the expiration date of the law specifying the value of outdoor signs through the 2018 assessment date. Specifies that for purposes of property tax assessment, certain land is considered to be devoted to agricultural use. Specifies that "agricultural use" includes certain uses defined as agricultural uses for purposes of planning and zoning law. Provides that the soil productivity factors used for the March 1, 2011, assessment of agricultural land must be used for the March 1, 2015, assessment date. Specifies that new soil productivity factors shall be used for assessment dates occurring after March 1, 2015. Provides that the statewide agricultural land base rate value per acre for the 2015 assessment date is $2,050 (the base rate used for the 2014 assessment date). Provides that for the 2016 assessment date and each assessment date thereafter, the statewide agricultural land base rate value per acre is equal to the base rate value for the immediately preceding assessment date, multiplied by the assessed value growth quotient. Removes the provision specifying that the statute governing the assessment of agricultural land does not apply to land purchased for residential uses. Specifies conditions for valuing big box retail properties and commercial nonincome producing real property for property tax purposes and excludes multi-tenant income producing shopping centers from both provisions. Requires the Indiana board of tax review (IBTR) to recommend that the parties settle or mediate any case pending before the board as of May 1, 2015, that has not yet received a hearing if certain conditions apply. Urges the legislative council to assign to a study committee the topic of studying the need for a definition of the term "utility of the user" under the current property tax assessment system. Specifies that in the case of a change occurring after February 28, 2015, in the classification of real property, the assessor has the burden of proving that the change is correct in any review or appeal heard by the property tax assessment board of appeals (county board) and in any appeals taken to the IBTR or to the Indiana tax court. Allows county assessors to apply negative influence factors to determine the assessed value of land classified as residential excess land. Provides that the basement of a dwelling or other building that is situated in a special flood hazard area as designated by the Federal Emergency Management Agency is exempt from property taxation if: (1) the basement floor level has been elevated to mitigate the risk of flooding; and (2) as a result, the basement is rendered unusable as living space. Specifies that, to be eligible for a homestead deduction for property that an individual is buying under contract, the contract must obligate the owner to convey title to the individual upon completion of all of the individual's contract obligations. Provides that on the form forwarded by the assessor to the county auditor and the county board after a preliminary informal meeting with a taxpayer, the assessor must attest that the assessor described to the taxpayer the taxpayer's right to a review of the issues by the county board and the taxpayer's right to appeal to the IBTR and to the Indiana tax court. Provides that for property tax appeals for the 2014 assessment date, or before, a county auditor may pay refund claims greater than $100,000 over a period of five years (through 2019) by using credits against future property taxes owed on the property. Authorizes a county fiscal body to adopt an ordinance to allow political subdivisions and local agencies within the county to use a uniform property tax disclosure form. Specifies the information that must be disclosed on the form. Provides that the department of local government finance (DLGF) shall: (1) review the tax rates and levies for each fire protection territory whose establishment was effective not later than July 1, 2012; (2) make recommendations to the participating units concerning their existing tax rates and tax levies; and (3) report its findings and recommendations to the legislative council. Deletes the requirement that a county may impose the motor vehicle license excise surtax only at the same rate or amount on each motor vehicle. Authorizes counties to: (1) impose the surtax at the same rate or amount on each motor vehicle; or (2) impose the surtax at one or more different rates based on the class of vehicle (passenger vehicles, motorcycles, trucks with a declared gross weight that does not exceed 11,000 pounds, and motor driven cycles). Does the following in the case of a certified technology park that is operating jointly by multiple redevelopment commissions: (1) Increases the total maximum amount of tax increment that may be captured by the certified technology park. (2) Authorizes a party to the agreement to allocate a part of the maximum amount that may be deposited in the party's incremental tax financing fund to one or more other parties to the agreement. Provides that a redevelopment commission may enter into a written agreement with a taxpayer in which the taxpayer waives review of any assessment of the taxpayer's tangible property that is located in an allocation area. Urges the legislative council to assign to a study committee the issue of alternative means of agricultural land assessment. Provides that for purposes of the provisions in current law concerning: (1) the designation of a township as distressed; (2) the requiring of a separate township assistance benefits levy and a separate township assistance administration levy; and (3) the transfer of municipal territory to an adjacent township after a referendum; those provisions apply to a township if the township's township assistance property tax rate is more than the result of the statewide average township assistance property tax rate for the preceding year (rather than for the current year, under existing law) multiplied by 12. Urges a legislative study of methods used to determine the true tax value for nonincome producing commercial property.
 Current Status:   5/6/2015 - SIGNED BY GOVERNOR
 Recent Status:   4/29/2015 - Conference Committee Report Adopted CCR #1 (98-0)
4/29/2015 - Senate Conference Committees Eligible for Action CCR #1
 Priority:   Tier 1 - High
 State Bill Page:   SB436
 
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