| HB1001 | STATE BIENNIAL BUDGET. (BROWN T) 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. Provides for bonding authority for capital projects for higher education institutions. Terminates the legislative evaluation and oversight program. Replaces the statutory appropriation from the counter cyclical and revenue stabilization fund to the state general fund based on the budget report with a limited discretionary transfer determined by the budget director and approved by the governor. Requires the attorney general to include certain language concerning settlement funds in proposed court order language. Establishes the agency settlement fund for purposes of receiving certain funds paid to the state as part of a settlement or similar agreement. Permits money held in a trust fund for other post-employment benefits (other than pension) to be invested in the same manner as money may be invested by the public employees' retirement fund or any other public pension or employee retirement fund administered by the board of trustees of the Indiana public retirement system. Establishes the teachers' defined contribution plan (plan) as an account within the Indiana state teachers' retirement fund (fund). Provides that an individual who begins employment with a school corporation in a covered position that would otherwise be eligible for membership in the fund may elect to become a member of the plan. Provides that an individual who does not elect to become a member of the plan becomes a member of the fund. Requires the board of trustees of the Indiana public retirement system (board) to establish, subject to any approval from the Internal Revenue Service that the board considers necessary or desirable, alternative investment programs within the annuity savings account as the initial alternative investment programs for the plan. Provides that, if the board considers it necessary or appropriate, the board may establish different or additional alternative investment programs for the plan, except that the board shall maintain the stable value fund. Provides that each member's contribution to the plan is 3% of the member's compensation and requires the employer to pay the member's contribution on behalf of the member. Allows a member to make additional contributions to the plan up to 10% of the member's compensation. Provides that the employer's contribution rate for the plan is equal to the employer's contribution rate for the fund as determined by the board, although the amount credited from the employer's contribution rate to the member's account may not be greater than the normal cost of the fund, and any amount not credited to the member's account is applied to the unfunded accrued liability of the fund. Provides that an employer's minimum contribution to the plan is 3% of the compensation of all members of the plan. Provides that member contributions and net earnings on the member contributions belong to the member at all times and do not belong to the employer. Provides that a member vests in the employer contribution subaccount at 20% per year with full vesting after five years of participation. Provides that, if a member separates from service with an employer before the member is fully vested in the employer contribution subaccount, the amount in the subaccount that is not vested is: (1) transferred to the member's new employer, if the new employer participates in the plan; or (2) held in the member's employer contribution subaccount until forfeited. Provides that a member who: (1) terminates service in a covered position; and (2) does not perform any service in a covered position for at least 30 days after the date on which the member terminates service; is entitled to withdraw vested amounts in the member's account. Provides that a member may elect to have withdrawals paid as: (1) a lump sum; (2) a direct rollover to another eligible retirement plan; or (3) if the member is at least 62 years of age with at least five years of participation in the plan, a monthly annuity in accordance with the rules of the board. Provides that, on the plan's effective date, school corporations become participants in the plan. Provides that the board shall provide education to employers and members regarding retirement benefit options of all applicable pension and retirement funds that the board administers. Establishes the next level Indiana trust and trust fund. Provides that the trust proceeds of the next generation trust shall be transferred to the next level Indiana trust and trust fund and that the next generation trust shall cease upon completion of the transfer. Provides that the proceeds transferred to the next level Indiana trust fund shall be used exclusively for the provision of highways, roads, and bridges. Requires the board of trustees (board) of the Indiana public employees' retirement system, after December 31, 2017, to establish and maintain the next level Indiana innovation and entrepreneurial fund (fund) as an annuity savings account investment option for members of the public employees' retirement fund (PERF) and the Indiana state teachers' retirement fund (TRF). Requires the deferred compensation committee (committee), after December 31, 2017, to establish and maintain the fund as an investment option in the state employees' deferred compensation plan. Requires the board and the committee to consult with the board of trustees of the next level Indiana trust fund to establish the fund's investment objectives and policies. Limits initial transfers into the fund to 20% of the balance in a fund member's or state employee's account. Limits annual contributions to the fund to 20% of a member's or an employee's total contributions for that year. Provides that, if a member or employee contributes not less than the amount the member or employee initially designated to the fund for at least 36 consecutive months and maintains in the fund the amounts transferred and contributed during that period, the state shall contribute on the member's or employee's behalf to the fund as a match 10% of the total amount contributed by the member or employee or on the member's or employee's behalf to the fund during that 36 month period. Provides that for each additional 12 consecutive months that a member or an employee contributes not less than the member or employee initially designated to the fund and maintains in the fund the amounts transferred and contributed that period, the state shall contribute on the member's or employee's behalf to the fund as a match 10% of the total amount contributed by the member or employee or on the member's or employee's behalf to the fund during that 12 month period. Provides that, for purposes of determining the amount of the state's match, the total amount contributed by the member or employee or on the member's or employee's behalf excludes the amount of any state match. Provides that, in the case of a group insurance plan established by the state police department, conservation officers of the department of natural resources, and the state excise police (state law enforcement agencies), any proposed modification to change the benefits under the plan may not be made unless the modification is approved by the budget agency. Provides that, on or before July 1 of each year, state law enforcement agencies must submit to the budget agency the current pla |
| | Current Status: | 4/27/2017 - Signed by the Governor
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| | Recent Status: | 4/22/2017 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 540: yeas 42, nays 8; Rules Suspended
4/21/2017 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 561: yeas 68, nays 30; Rules Suspended
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| | State Bill Page: | HB1001 |
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| HB1007 | EDUCATION COURSE ACCESS PROGRAM. (COOK A) Allows the department of education (department) to authorize course providers to offer course access program courses that provide for the delivery of instruction through any method, including online technologies, in the course access program (program). Requires the department to: (1) oversee the program; (2) approve courses offered in the program; and (3) maintain a course access program catalog. Requires the department to negotiate a tuition fee for each offered course. Requires the school corporation in which an eligible student is enrolled to transfer the tuition fee for a course to the authorized course provider. Defines "eligible student" as a student pursing: (1) any type of diploma available for students to receive in Indiana; or (2) an industry certification that appears on the state board of education's approved industry certification list. Provides certain reasons a school corporation may deny a student's enrollment in a course access course. Provides that a parent of an eligible student or an emancipated eligible student may appeal the school corporation's decision to the department. Allows the state board of education to adopt emergency and nonemergency rules. |
| | Current Status: | 4/20/2017 - Signed by the Governor
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| | Recent Status: | 4/18/2017 - Signed by the President Pro Tempore
4/17/2017 - Signed by the Speaker
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| | State Bill Page: | HB1007 |
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| HB1009 | SCHOOL FINANCIAL MANAGEMENT. (COOK A) Provides for the following, effective January 1, 2019: (1) Eliminates the school general fund. (2) Creates an education fund to be used as the exclusive fund to pay expenses allocated to student instruction and learning. (3) Creates an operations fund to replace the capital projects fund, the transportation fund, the school bus replacement fund, an art association or a historical society fund, and the public playground fund. Provides that the levy for a school corporation's operations fund consists of the following separately calculated levies: (1) A transportation levy. (2) A school bus replacement levy. (3) A capital projects levy. (4) For certain schools, levies to provide funding for an art association, a historical society, or a public playground. Specifies that each separately calculated maximum levy for 2019 is the 2018 maximum levy increased by the maximum levy (assessed value) growth quotient and that after 2019 each separately calculated maximum levy is increased by the maximum levy (assessed value) growth quotient. Provides that on January 1, 2019, the balance in the school corporation's general fund shall be transferred to the education fund. Specifies that before March 1, 2019, the governing body of a school corporation may transfer to the school corporation's operations fund, from the amounts transferred from the school corporation's general fund, any amounts that are not allocated to student instruction and learning. Allows transfers between the education fund and operations fund. Specifies that money transferred from the operations fund to the education fund is not revenue for purposes of collective bargaining. Provides new allowable expenditures from the operations fund to include all skilled trades, school maintenance vehicles, and contracted services related to buildings and grounds. Eliminates the requirement to publish the entire capital projects plan and school bus replacement plan in a newspaper and requires that the plans be posted on the school corporation's web site. Removes the approval of the plans and appropriations by the department of local government finance. Eliminates various dedicated funds and moves the purpose for each of these funds to the education fund or operations fund. Creates the school corporation referendum controlled project tax levy fund to pay for projects approved by a voter referendum. Makes corresponding changes. Extends (through 2019) the ability in current law for a school corporation to allocate circuit breaker credits proportionately (without taking protected taxes into account) under certain circumstances. Provides that the chart of accounts to be used by school corporations must coincide with the following expenditure categories: (1) Student academic achievement expenditures. (2) Student instructional support expenditures. (3) Overhead and operational expenditures. (4) Nonoperational expenditures. Provides that a school corporation that has an ADM of more than 15,000 may not issue bonds after August 15, 2020, unless the school corporation has for its preceding budget year prepared an annual financial report using the modified accrual basis of accounting in accordance with generally accepted accounting principles. Provides that a county that has a population of more than 100,000 and a municipality that has a population of more than 75,000 may not issue bonds after June 30, 2020, unless the county or municipality has for its preceding budget year prepared an annual financial report using the modified accrual basis of accounting in accordance with generally accepted accounting principles. Allows the state examiner to waive these requirements if the state examiner determines that a waiver is in the best interest of the school corporation, county, or municipality. Replaces the provisions in current law (which would be phased in during 2017-2020) concerning annual financial report requirements that must be met before a school corporation, county, or municipality may issue bonds. Provides that effective July 1, 2017, a school corporation may not issue any bonds unless it has filed its annual financial report with the department of education. Provides that effective July 1, 2017, a county or municipality may not issue any bonds unless it has filed its annual financial report with the state examiner for the preceding fiscal year. |
| | Current Status: | 4/28/2017 - Signed by the Governor
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| | Recent Status: | 4/21/2017 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 505: yeas 47, nays 3
4/21/2017 - Senate Rules and Legislative Procedure, (Bill Scheduled for
Hearing); Time & Location: 9:00 AM, Rm. 431
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| | State Bill Page: | HB1009 |
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| HB1043 | REFERENDUM AND REMONSTRANCE PROCESS. (THOMPSON J) Increases the threshold used for purposes of determining whether a capital project is a controlled project as follows: (1) In the case of an ordinance or resolution adopted after December 31, 2017, and before January 1, 2019, making a preliminary determination to issue bonds or to enter into a lease for the project, the threshold is increased from $2,000,000 to $5,000,000. (2) In the case of an ordinance or resolution adopted after December 31, 2018, making a preliminary determination to issue bonds or enter into a lease for the project, the threshold is increased by applying the assessed value growth quotient for the year to the threshold amount determined for the preceding year. Specifies that a capital project is also a controlled project if the cost of the project will exceed: (1) 1% of the total gross assessed value of property within the political subdivision, if that total gross assessed value is more than $100,000,000; or (2) $1,000,000, if the total gross assessed value of property within the political subdivision is not more than $100,000,000. Increases the thresholds used for applying the petition and remonstrance process and referendum process as follows: (1) In the case of an ordinance or resolution adopted after December 31, 2017, and before January 1, 2019, making a preliminary determination to issue bonds or to enter into a lease for the project, the threshold is increased from $10,000,000 to $15,000,000 for school building projects and from $12,000,000 to $15,000,000 for any civil unit project. (2) In the case of an ordinance or resolution adopted after December 31, 2018, making a preliminary determination to issue bonds or enter into a lease for the project, the threshold is increased by applying the assessed value growth quotient for the year to the threshold amount determined for the preceding year. Provides that a school building project is also subject to the referendum process if the cost of the project will exceed: (1) 1% of the total gross assessed value of property within the political subdivision, if that total gross assessed value is more than $1,000,000,000; or (2) $10,000,000, if the total gross assessed value of property within the political subdivision is not more than $1,000,000,000. Provides that a civil unit project is also subject to the referendum process if the cost of the project will exceed: (1) 1% of the total gross assessed value of property within the political subdivision, if that total gross assessed value is more than $100,000,000; or (2) $1,000,000, if the total gross assessed value of property within the political subdivision is not more than $100,000,000. Provides that a controlled project for which a political subdivision makes a preliminary determination to issue bonds or enter into a lease is subject to the referendum process if the sum of: (1) the cost of that controlled project; plus (2) the costs of all other controlled projects for which the political subdivision has previously adopted within the preceding 365 days an ordinance or resolution making a preliminary determination to issue bonds or enter into a lease for those other controlled projects; exceeds $25,000,000. Requires that a political subdivision's notice of the preliminary determination to issue bonds or enter into a lease for a controlled project must also include information concerning the estimated amount of the political subdivision's debt service levy and rate that will result during the following 10 years if the political subdivision issues the bonds or enters into the lease, after also considering any changes that will occur to the debt service levy and rate during that period on account of any outstanding bonds or lease obligations that will mature or terminate. Provides that a petition objecting that a political subdivision has divided a controlled project in order to avoid the requirements of the petition and remonstrance process or the referendum process must be filed with the department of local government finance (DLGF) not more than 10 days after the political subdivision gives notice of the political subdivision's determination to issue bonds or enter into leases for the capital project. Specifies that if the DLGF determines that a political subdivision divided a controlled project in order to avoid the referendum requirements and the political subdivision continues to desire to proceed with the project, the political subdivision may appeal the determination of the DLGF to the Indiana board of tax review. Specifies that a political subdivision shall be considered to have divided a capital project in order to avoid the requirements of the petition and remonstrance process or the referendum process if the result of one or more of the subprojects cannot reasonably be considered an independently desirable end in itself without reference to another capital project. Relocates existing law concerning calculation of the cost of certain projects by a school corporation career and technical education school to a separate section within the controlled projects statute. Requires a political subdivision to: (1) conduct at least two public hearings on a preliminary determination concerning a controlled project (rather than one hearing under current law); and (2) make certain information available to the public at each of the public hearings. Provides that if a referendum for a controlled project or for a school operating referendum fund property tax levy is defeated, another referendum may not be held earlier than 700 days after the date of the first referendum (rather than 350 days under current law). Specifies that the 350 day limit applies if a sufficient petition requesting that limit is submitted by property owners or voters. Provides that a school corporation operating referendum fund property tax levy may not be imposed for more than eight years. (Current law provides that the referendum levy may not be imposed for more than seven years.) Applies to a referendum that takes place after June 30, 2017. |
| | Current Status: | 4/28/2017 - Signed by the Governor
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| | Recent Status: | 4/21/2017 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 558: yeas 86, nays 10; Rules Suspended
4/21/2017 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 533: yeas 49, nays 1; Rules Suspended
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| | State Bill Page: | HB1043 |
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| SB60 | STATE EXECUTIVE OFFICER SALARIES. (HEAD R) Establishes the executive officers compensation advisory commission to do the following: (1) For each executive state officer (governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, state superintendent of public instruction, and attorney general), determine the most recent year that the executive officer received a salary increase. (2) Receive information relating to the salaries of executive officers. (3) Consider recommendations for suitable salaries for executive officers. (4) Take testimony relating to the salaries of executive officers. |
| | Current Status: | 4/28/2017 - Signed by the Governor
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| | Recent Status: | 4/19/2017 - Signed by the Speaker
4/11/2017 - Senate concurred in House Amendments; Roll Call 447: yeas 45, nays 3
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| | State Bill Page: | SB60 |
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| SB196 | SCHOOL DEBT SERVICE OBLIGATIONS. (KENLEY L) Provides the following for purposes of the school bond payment intercept statute: (1) The term "debt service obligations" also includes principal and interest payable to a school corporation's designated paying agent under a written agreement entered into in connection with the issuance of a school corporation's general obligation bonds. (2) Upon being notified of a school corporation's failure to pay debt service obligations when due, the treasurer of state shall within five days pay the unpaid debt service obligations that are due from state funds, in an amount equal to the amount of the unpaid debt service obligations that are due to the claimant (but only to the extent that amounts are available to the treasurer of state to fulfill this requirement). (3) The treasurer of state shall provide notice of the request by a claimant to the budget director, the auditor of state, and any department or agency of the state responsible for distributing funds appropriated by the general assembly for distribution to the school corporation from state funds, and such a department or agency of the state shall transfer those funds to the treasurer of state for purposes of paying the unpaid debt service obligations. (4) The amounts made available to the treasurer of state for this purpose shall be made from the following sources and in the following order of priority: (A) First, from amounts appropriated by the general assembly for the state fiscal year for distribution to the school corporation from state funds. (B) Second, from any remaining amounts appropriated by the general assembly for distribution for tuition support in each state fiscal year in excess of the aggregate amount of tuition support needed for distribution to school corporations. (C) Third, to the extent that the general assembly has adopted a biennial budget appropriating amounts in the immediately succeeding state fiscal year for distribution to the school corporation from state funds, then from such fund or account, as determined by the state budget director (from which fund or account there is appropriated to the treasurer of state an amount equal to the lesser of: (i) the unpaid debt service obligations not paid from the other sources; or (ii) the amount appropriated by the general assembly for the immediately succeeding state fiscal year for distribution to the school corporation). (5) If any amounts are transferred to the treasurer of state to pay the unpaid debt service obligations of the school corporation, the applicable department or agency shall recover those amounts by deducting an amount equal to the transfer from any future amounts to be distributed to the school corporation from state funds. |
| | Current Status: | 4/25/2017 - Signed by the Governor
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| | Recent Status: | 4/21/2017 - Signed by the Speaker
4/21/2017 - Signed by the President Pro Tempore
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| | State Bill Page: | SB196 |
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| SB567 | DISTRESSED AND FISCALLY IMPAIRED POLITICAL SUBDIVISIONS. (KENLEY L) Changes the membership of the distressed unit appeal board (DUAB) by replacing the voting member who is appointed by the chairperson of the legislative council with a member appointed by the governor and adding three nonvoting legislative members. Adds to and modifies the duties and powers of the DUAB. Designates the Gary Community School Corporation as a distressed political subdivision. Specifies the powers and duties of the emergency manager appointed for the Gary Community School Corporation. Establishes the fiscal management board for the Gary Community School Corporation, and provides that the fiscal management board shall make recommendations to the emergency manager and shall advise the emergency manager as requested by the emergency manager. Requires the emergency manager for the Gary Community School Corporation to employ a chief financial officer and chief academic officer for the school corporation. Specifies that the chief financial officer shall report to the emergency manager and shall assist the emergency manager and the fiscal management board in carrying out the day to day financial operations of the school corporation. Specifies that the chief academic officer shall report to the emergency manager and shall assist the emergency manager and the fiscal management board in carrying out the academic matters of the school corporation. Authorizes the DUAB to do the following concerning the Gary Community School Corporation: (1) Delay or suspend any payments of principal or interest, or both, that would otherwise be due from the school corporation on loans or advances from the common school fund. (2) Recommend to the state board of finance that the state board of finance make an interest free loan to the school corporation from the common school fund. (3) Establish benchmarks of financial improvement. (4) Provide grants to the school corporation, from funds appropriated to the DUAB, to assist the school corporation in overcoming short term financial problems. (5) Make a recommendation to the general assembly concerning the possible restructuring of advances made to the school corporation from the common school fund, including forgiveness of principal and interest on those advances. Requires the emergency manager to do the following: (1) Attempt to negotiate with the creditors of the school corporation to establish a plan specifying the schedule for paying each creditor. (2) Submit the plan to the DUAB for approval. Provides that the emergency manager must consult with the governing body of the school corporation, the fiscal management board, and the mayor of the city of Gary in developing the school corporation's annual budget, and that the DUAB must review and approve the school corporation's annual budget. Provides that the annual budget adopted by the emergency manager for the school corporation must dedicate a significant part of the school corporation's budget to eliminating the school corporation's debt obligations. Requires the emergency manager appointed for the Gary Community School Corporation to provide written notice to the mayor of the city of Gary at least 30 days before selling assets or transferring property, and specifies that if the mayor notifies the emergency manager of any concerns or objections regarding the proposed sale or transfer, the emergency manager must confer with the mayor regarding those concerns or objections. Provides that during the period after the effective date of the bill and before an emergency manager is appointed: (1) the financial specialist appointed for the Gary Community School Corporation may identify and implement labor force reductions, including contract cancellations due to a reduction in force; and (2) the governing body may not enter into or renew any contract unless that contract or contract renewal is first approved by the DUAB. Designates the Muncie Community Schools as a fiscally impaired school corporation. Specifies that the Muncie Community Schools' designation as a fiscally impaired school corporation is not a designation as a distressed political subdivision, and provides that the school corporation's designation as a fiscally impaired school corporation terminates on January 1, 2018. Requires the DUAB to appoint an emergency manager for the school corporation. Provides that the DUAB may immediately appoint the superintendent of the school corporation as the emergency manager for the school corporation on a temporary basis, and that this temporary appointment may continue for not more than six months. Provides that notwithstanding the powers, authority, and responsibilities otherwise granted to an emergency manager under the distressed political subdivision law, the emergency manager appointed for the Muncie Community Schools has only certain specified powers and duties while the school corporation is designated as a fiscally impaired school corporation. Provides that the emergency manager may on behalf of the school corporation negotiate and enter into labor contracts and collective bargaining agreements. Requires the emergency manager for the Muncie Community Schools to take actions necessary to implement a deficit reduction plan. Requires the DUAB to hold a public hearing not later than December 1, 2017, to determine if the school corporation should be designated as a distressed political subdivision effective January 1, 2018. Provides that after holding the public hearing, the DUAB shall either: (1) adopt a resolution providing that the school corporation will not be designated as a distressed political subdivision (if the DUAB makes certain findings); or (2) adopt a resolution designating the school corporation as a distressed political subdivision effective January 1, 2018. Provides that if the DUAB adopts a resolution designating the school corporation as a distressed political subdivision, the emergency manager shall, effective January 1, 2018, assume and exercise all of the powers, authority, and responsibilities granted to emergency managers under the distressed political subdivision statutes. Authorizes the treasurer of state to file a petition with the DUAB to have a school corporation designated as a distressed unit if the treasurer of state has reason to believe that the school corporation will not be able to pay the school corporation's debt service obligations as those debt service obligations become due. Requires notice to the Indiana education employment relations board (EERB) when a school corporation is designated as distressed. Replaces and adds conditions for terminating a political subdivision's distressed status. Adds, removes, modifies, and rearranges the duties and powers of an emergency manager regarding all political subdivisions and makes certain changes with regard to distressed school corporations. Provides a procedure for residents who want to appeal a decision of an emergency manager. Specifies that if a member of the fiscal management board is made a party to a civil suit, the attorney general is required to defend the fiscal management board member. Specifies for purposes of a claim against a governmental entity that a member of the fiscal management board, the emergency manager, chief financial officer, or chief academic officer is acting on behalf of the distressed political subdivision and not the state. Provides civil immunity for these individuals with respect to an act or omission made in the course and scope of duties prescribed by the DUAB. A |
| | Current Status: | 4/28/2017 - Signed by the Governor
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| | Recent Status: | 4/21/2017 - Senate Conference Committees Eligible for Action
4/21/2017 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 546: yeas 88, nays 10; Rules Suspended
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| | State Bill Page: | SB567 |
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| SR56 | URGING THE STUDY OF SCHOOL DISTRICT FINANCIAL CONDITION ANALYSIS AND MONITORING. (MELTON E) A SENATE RESOLUTION urging the legislative council to assign the topic of school district financial condition analysis and monitoring to the appropriate study committee. |
| | Current Status: | 4/19/2017 - Second reading adopted voice vote
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| | Recent Status: | 4/19/2017 - Senate Resolutions Eligible for Adoption
4/18/2017 - Committee Report do pass, adopted
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| | State Bill Page: | SR56 |
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