Prepared by: Bart Giesler
Report created on April 24, 2017
 
HB1001STATE 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:   4/21/2017 - Conference Committee Report Adopted (S) Adopted (42-8)
 
HB1002TRANSPORTATION INFRASTRUCTURE FUNDING. (SOLIDAY E) Eliminates the sales tax on the sale of special fuel. Establishes the special transportation flexibility fund. Provides the following for gasoline use tax collections for state fiscal year 2020 and each state fiscal year thereafter: (1) 14.286% of the collections shall be deposited in the motor vehicle highway account. (2) 21.429% of the collections shall be deposited in the local road and bridge matching grant fund. (3) A percentage of the gasoline use tax collections shall be deposited in the state general fund in each state fiscal year before state fiscal year 2025. (4) In state fiscal year 2020 through state fiscal year 2023, a percentage of the gasoline use tax collections shall be deposited in the special transportation flexibility fund. (5) In state fiscal year 2020 and thereafter, a percentage of the gasoline use tax collections shall be deposited in the state highway fund. Changes the deadline for the adoption and notification of county and municipal vehicle excise and wheel tax ordinances. Provides for a one-time fuel tax rate increase using a multiyear index factor based on the last time the particular fuel tax rate was increased and the current fuel tax rate per gallon. (Gasoline tax is currently $0.18, special fuel tax is currently $0.16, and motor carrier surcharge tax is currently $0.11.) Limits the one-time increase to $0.10 per gallon. Provides for an annual rate increase in fuel tax rates based on an annual index factor. Limits the annual rate increase based on the annual index factor to $0.01 per gallon. Provides that the last index factor adjustment to the fuel tax rates is July 1, 2024. Increases the aviation fuel excise tax by $0.10 per gallon and transfers the increased revenue to the airport development grant fund for airport capital improvement matching grants. Increases alternative fuel decal fees by 50%. Specifies that the motor carrier fuel surcharge tax must be paid on special fuel that is not an alternative fuel at the time of purchase (the same time the special fuel tax is paid), instead of being entirely paid using a quarterly return. Provides that the surcharge tax also applies to purchases of special fuel by persons other than carriers. Imposes a motor carrier fuel surcharge inventory tax on motor fuel held in storage and offered for sale to motor carriers on the date the surcharge tax rate changes. Eliminates from the distribution of the gasoline and special fuel taxes: (1) the $0.01 going to the state highway fund; (2) the $0.01 going to counties, cites, and towns; and (3) the $25,000,000 special distribution allocation distributions. Establishes a $15 transportation infrastructure improvement fee that applies to the registration of all motor vehicles except trailers, semitrailers, non-motive recreational vehicles, special machinery, vehicles registered as military vehicles, vehicles registered as collector vehicles, motor driven cycles, trucks, tractors used with a semitrailer, and for-hire buses with a declared gross weight greater than 26,000 pounds. Increases annual registration fees for certain motor vehicles with a declared gross weight that equals or exceeds 26,000 pounds. Requires a person who registers an electric vehicle to pay a supplemental registration fee of $150 with an increase every five years based on an index factor. Requires a person who registers a hybrid vehicle to pay a supplemental registration fee of $50 with an increase every five years based on an index factor. Provides that the percentage of the amounts distributed to the state and to the local units from the motor vehicle highway account changes incrementally from 53% for the state and 47% for the local units under current law to 60% for the state and 40% for the local units after June 30, 2022. Eliminates the authority for cities and towns to use distributions from the motor vehicle highway account for: (1) the painting of structures and objects; and (2) law enforcement. Requires counties, cities, and towns to use at least 50% of the distributions from the motor vehicle highway account for the construction, reconstruction, and maintenance of highways. Repeals restrictions on when a tolling project can be undertaken. Provides that before the governor, the Indiana department of transportation (INDOT), the Indiana Finance Authority (IFA), or an operator may enter into an agreement for the financing, construction, maintenance, or operation of a toll road project, the budget committee must first review the proposed agreement. Provides that neither the IFA nor INDOT may issue a request for proposals for a public-private agreement that would authorize an operator to impose tolls unless the budget committee has reviewed the request for proposals. Requires INDOT to seek a Federal Highway Administration waiver to toll interstate highways. Limits the first toll lanes under the waiver to certain interstate highways. Provides for a public comment period and requires replies to the public comments for a toll road project by INDOT or a tollway project carried out using a public private partnership. Imposes other duties on INDOT. Amends the assessment procedures for motor carrier civil penalties. Establishes the weigh-in-motion pilot program. Makes various changes to the local road and bridge matching grant program. Allows INDOT to approve certain railroad crossing projects, and authorizes the IFA to finance an approved project subject to a maximum annual debt service limit of $10,000,000. Authorizes the IFA to take certain actions in the event a public-private agreement is terminated. Annually appropriates $250,000 to INDOT for the local technical assistance program to develop and maintain a centralized electronic statewide asset management data base. Provides that the owner of a semitrailer permanently registered in Indiana does not pay an annual registration renewal fee. Makes various changes to the transportation funding exchange program between the state and counties and municipalities. Adds various study requirements.
 Current Status:   4/21/2017 - Conference Committee Report Adopted (S) Adopted (37-12)
 
HB1016ELIMINATION OF LOWER SPEED LIMIT FOR TRUCKS. (AYLESWORTH M) Provides that the maximum speed limit for a vehicle having a declared gross weight greater than 26,000 pounds operated on a highway that is: (1) on the national system of interstate and defense highways located outside an urbanized area (as defined in 23 U.S.C. 101) with a population of at least 50,000; or (2) the responsibility of the Indiana finance authority; is 70 miles per hour. (Current law provides that the speed limit for those vehicles (other than a bus) is 65 miles per hour.)
 Current Status:   2/27/2017 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.1)
 
HB1018VEHICLE OPERATION. (AYLESWORTH M) Provides that a vehicle may not be driven or moved on a highway unless the vehicle is: (1) constructed; (2) covered; or (3) loaded; in a manner that prevents any of the vehicle's refuse or load, other than water, from dripping, sifting, leaking, dropping, blowing, spilling, or otherwise escaping from the vehicle. Requires areas of a vehicle containing aggregate material to be free from holes, cracks, or openings through which any of the vehicle's refuse or load may escape. Specifies that restrictions regarding a vehicle's aggregate material or load apply regardless of the degree to which the vehicle is loaded. Excepts a vehicle containing agricultural commodities from the restrictions concerning a vehicle's refuse or load.
 Current Status:   4/6/2017 - DEAD BILL; Fails to advance by Senate 3rd reading deadline for House bills (Rule 79(b))
 
HB1039RIGHT-OF-WAY IN A ROUNDABOUT. (TORR J) Requires a driver to yield the right-of-way to a driver of a vehicle having a total length of at least 40 feet or a total width of at least 10 feet when driving through a roundabout. Requires that, when two truck drivers approach or drive through a roundabout at the same time, the driver on the right yields the right-of-way to the driver on the left.
 Current Status:   3/29/2017 - Signed by the Governor
 
HB1085RESCUE ACTIONS. (COOK A) Amends an Indiana Code section requiring an emergency medical services provider to take custody of a newborn child under certain circumstances to eliminate an ambiguity that might otherwise exist with respect to one of the circumstances under which the requirement applies. Provides that a person who forcibly enters a motor vehicle to remove a domestic animal is responsible for only one-half of the cost of repairing the motor vehicle damage directly caused by the person's forcible entry and is immune from all other civil or criminal liability for other property damage resulting from the forcible entry if the person: (1) reasonably believes that the domestic animal is in imminent danger of suffering serious bodily harm; (2) determines that the motor vehicle is locked and forcible entry of the motor vehicle is necessary to remove the domestic animal; (3) calls 911 or otherwise attempts to contact a law enforcement officer or another emergency responder before forcibly entering the motor vehicle; (4) uses no more force than reasonably necessary; and (5) remains with the domestic animal until a law enforcement officer or other emergency responder arrives. Provides that a law enforcement officer, a firefighter, a government officer or employee whose primary duty is to ensure public safety, another emergency responder, an animal control officer, a veterinarian, or a veterinary assistant who forcibly enters a motor vehicle to remove a domestic animal is not liable for the cost of repairing damage to the motor vehicle caused by the person's forcible entry if the person was acting in the course and scope of the person's employment. Provides that if a person forcibly removes a domestic animal from a motor vehicle and the domestic animal physically injures the person, the owner of the domestic animal is immune from civil liability for the person's injuries.
 Current Status:   4/21/2017 - Signed by the President Pro Tempore
 
HB1255USE OF TELECOMMUNICATIONS DEVICES WHILE DRIVING. (SMITH M) Requires a person to use hands free or voice operated technology to place or receive a telephone call while operating a moving motor vehicle unless the device is used to call 911 to report a bona fide emergency. Revises the term "telecommunications device" for purposes related to motor vehicle operation.
 Current Status:   2/27/2017 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.1)
 
HB1264REGULATION OF VALUABLE METAL TRANSACTIONS. (GUTWEIN D) Requires, after December 31, 2017, a valuable metal dealer (dealer) to enter into a registry established and maintained by the state police department certain information concerning a valuable metal purchase transaction. Makes it a Class A infraction to fail to enter the required information into the registry within 24 hours of the valuable metal purchase transaction. Makes it a Class C misdemeanor instead of a Class A infraction for a dealer to knowingly or intentionally fail to comply with the law concerning regulation of dealers. Makes it a Class C misdemeanor instead of a Class A infraction for a person to knowingly or intentionally sell or attempt to sell valuable metal to a dealer that fails to comply with the law concerning regulation of dealers. Requires the secretary of state to revoke a person's license issued under the law concerning licensing of vehicle salvaging if the person has at least three criminal convictions for violating the law concerning dealers. Relocates language specifying that a dealer may not accept a damaged beer keg under certain circumstances.
 Current Status:   2/27/2017 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.1)
 
HB1351MOTORIZED EQUIPMENT VEHICLE RENTAL EXCISE TAX. (HUSTON T) Excludes certain motorized equipment vehicles from the assessment of the personal property tax. Imposes an excise tax on the rental of those motorized equipment vehicles (excise tax). Provides procedures for the sourcing, collection, and distribution of the excise tax. Provides that the excise tax is apportioned and distributed to local governmental units in the same manner that property taxes are apportioned and distributed.
 Current Status:   4/6/2017 - DEAD BILL; Fails to advance by Senate 3rd reading deadline for House bills (Rule 79(b))
 
HB1447TRANSPORTATION OF AGRICULTURAL COMMODITIES. (FRIEND W) Provides that definition of "farm product" does not include: (1) lumber; (2) logs; (3) wood chips; (4) bark; or (5) sawdust. Modifies the definition of "overweight divisible load". Provides that an owner of a "carrier, shipper, or other party" may not cause or knowingly permit a vehicle to: (1) exceed certain size or weight restrictions; and (2) be operated upon a highway. Specifies that certain infractions concerning vehicle size and weight are Class C infractions. Prohibits the bureau of motor vehicles from assessing points under the point system for violations of commercial size and weight limitations after December 31, 2015,. Provides that points assessed for such violations after December 31, 2015 are null and void.
 Current Status:   4/20/2017 - Signed by the President Pro Tempore
 
HB1451SALES TAX EXEMPTION FOR SALE OF USED VEHICLE. (MORRIS R) Provides a sales tax exemption for transactions involving a casual sale of a passenger motor vehicle. Defines "casual sale" as an isolated or occasional sale of tangible personal property that was obtained by the owner making the sale for the owner's own use where: (1) the tangible personal property was subject to sales or use tax in a previous transaction; and (2) the owner is not regularly engaged in the business of making such sales.
 Current Status:   2/27/2017 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.1)
 
HB1457ABANDONED VEHICLES. (MORRIS R) Increases the cap on recoverable storage costs for an abandoned vehicle from $1,500 to $3,000. Provides that the previous owner of an abandoned vehicle sold by a towing or storage company is responsible for storage fees accrued before the sale of the vehicle if the sale price of the vehicle is less than the cost of the accrued storage fees. Provides that the person responsible for the removal, towing, or storage of an abandoned vehicle may keep proceeds that exceed the towing or storage costs in certain instances.
 Current Status:   2/27/2017 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.1)
 
HB1488AUTO DEALER SERVICES. (SULLIVAN H) Makes various changes to the motor vehicle law concerning dealerships, licensing of watercraft and automotive mobility dealers, and automotive salvage recycler recordkeeping. Establishes the consumer restitution fund.
 Current Status:   4/21/2017 - Signed by the President Pro Tempore
 
HB1492TITLE 9 TECHNICAL CORRECTIONS. (SOLIDAY E) Makes technical and other corrections to statutes amended or affected by HEA 1087-2016.
 Current Status:   4/20/2017 - Signed by the President Pro Tempore
 
HB1502COMPLIANCE AND ENFORCEMENT. (SMALTZ B) Makes conforming amendments to align certain motor vehicle statutes in the Indiana Code with requirements in the federal Fixing America's Surface Transportation (FAST) Act. Increases the hours of community service required for a person who has one or more previous convictions of operating while intoxicated.
 Current Status:   4/6/2017 - DEAD BILL; Fails to advance by Senate 3rd reading deadline for House bills (Rule 79(b))
 
HB1511LIENS ON ABANDONED OR TOWED VEHICLES. (BRAUN M) Adds state agencies to the definition of "public agency". Broadens the application of IC 9-22-1-23 to include all holders of mechanic's liens. Requires that additional information be included in the notification to a person whose vehicle was towed to a storage yard or towing service. Specifies that a lienholder's failure to comply with certain notice requirements may result in civil damages. Provides that proof of receipt of notice for a mechanic's lien by the owner of a vehicle subject to the mechanic's lien is not required in certain instances. Provides that, if there is a lienholder, the person that holds the first lien of record may deduct and retain the amount of the lien of record from the surplus purchase price. Provides that the costs for storage of an abandoned vehicle may not exceed $2,000. (Current law is $1,500.) Makes conforming changes.
 Current Status:   4/20/2017 - Signed by the President Pro Tempore
 
HB1545RECOVERY VEHICLE SAFETY CERTIFICATION. (DAVISSON S) Requires the department of transportation to create and administer a safety certification program for owners of recovery vehicles. Requires a business or person that owns a recovery vehicle to have a certified safety director, and requires the certified safety director to receive training under the program. Provides a six month grace period for certifying a new certified safety director.
 Current Status:   2/27/2017 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.1)
 
HB1559AUTO REPAIR CLAIMS SETTLEMENT. (PIERCE M) Includes, in the requirement that an insurer provide notice of an insured's right to approve the type of body parts used to repair a motor vehicle, a third party to whom an insured is obligated for damage to the third party's motor vehicle.
 Current Status:   2/27/2017 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.1)
 
SB110IMPOUNDMENT OF UNINSURED DRIVER'S VEHICLE. (KRUSE D) Authorizes law enforcement to impound a motor vehicle of a person who operates or permits the operation of a motor vehicle on a public highway without proof of financial responsibility. Requires the owner or lessee of the motor vehicle (or the owner's or lessee's authorized agent) to pay civil penalties and fees and show proof of financial responsibility to recover possession of the motor vehicle.
 Current Status:   2/28/2017 - DEAD BILL; Fails to advance by Senate 3rd reading deadline (Rule 79(a))
 
SB130TRANSFER OF OWNERSHIP OF MOTOR VEHICLES. (MESSMER M) Provides that a person that transfers ownership of a vehicle may deliver to the bureau of motor vehicles (bureau): (1) the certificate of registration of the vehicle; and (2) proof of the transfer of ownership of the vehicle. Requires the bureau, upon receipt of the certificate of registration and proof of transfer of ownership of the vehicle, to indicate the transfer of ownership in the records of the bureau.
 Current Status:   3/29/2017 - Signed by the Governor
 
SB295ENFORCEMENT OF VEHICLE WEIGHT RESTRICTIONS. (LEISING J) Prohibits the bureau of motor vehicles from assessing points under the point system for violations after December 31, 2015, of commercial weight limitations. Provides that points assessed after December 31, 2015, for such violations are null and void.
 Current Status:   4/6/2017 - DEAD BILL; Fails to advance by House 3rd reading deadline for Senate bills (Rule 148.1)
 
SB308ASSESSMENT OF HEAVY EQUIPMENT OFFERED FOR RENT. (HERSHMAN B) Provides that motorized heavy equipment vehicles that are leased, or held for lease, by the owner and are otherwise subject to the personal property tax shall be assessed for property tax purposes at the place of the owner's business location at which the motorized heavy equipment vehicle was leased, or is held for lease, as recorded on the owner's books and records on the assessment date. Provides that the owner is not required to file a personal property tax return for a motorized heavy equipment vehicle in a township or county other than the township or county of the owner's business location in which the motorized heavy equipment vehicle is assessed and subject to taxation under the amended law, regardless of the place where the motorized heavy equipment vehicle may be situated as of the assessment date. (Under current law, an owner must file a personal property tax return in the township or county in which the motorized heavy equipment vehicle is situated for regular use on the assessment date.)
 Current Status:   2/28/2017 - DEAD BILL; Fails to advance by Senate 3rd reading deadline (Rule 79(a))
 
SB340SPECIALTY CONSTRUCTED VEHICLES. (KRUSE D) Provides that a vehicle: (1) built to resemble and be a reproduction of another vehicle that was manufactured at least 25 years ago; and (2) assembled using all new or used parts; must be titled as a "specialty constructed vehicle". Urges the legislative council to assign to the appropriate study committee the task of conducting a study that compares Indiana's titling process for home built, "kit", replica, or specialty constructed cars with the titling process used by other states to title such vehicles.
 Current Status:   4/13/2017 - Signed by the Governor
 
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