| 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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| HB1002 | TRANSPORTATION 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. 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: | 4/27/2017 - 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 539: yeas 37, nays 12; Rules Suspended
4/21/2017 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 560: yeas 69, nays 29; Rules Suspended
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| HB1031 | STATE EXAMINER FINDINGS. (SLAGER H) Specifies requirements for corrective action when audited entities fail to comply with certain guidelines or laws. Requires an audited entity to file a corrective action plan following findings of noncompliance in two consecutive examination reports. Specifies actions that the audit committee may take if an audited entity fails to comply with a corrective action plan. |
| | Current Status: | 4/25/2017 - Signed by the Governor
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| | Recent Status: | 4/21/2017 - Signed by the President Pro Tempore
4/21/2017 - Signed by the Speaker
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| HB1272 | LOCAL GOVERNMENT MATTERS. (NEGELE S) Provides that if a newspaper or locality newspaper does not refuse to publish a timely notice, but subsequently fails to publish it, notice is nonetheless sufficient if the notice is timely posted: (1) in printed form, in three prominent places in the political subdivision; or (2) on the political subdivision's Internet web site. Increases the amount of debt that a municipal sewage works or sanitation department can write off as uncollectable. |
| | Current Status: | 4/5/2017 - Signed by the Governor
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| | Recent Status: | 4/4/2017 - Signed by the President of the Senate
3/21/2017 - Signed by the Speaker
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| HB1295 | DISPOSAL OF REAL PROPERTY. (PRYOR C) Allows the fiscal body of a unit (a county, municipality, or township) to adopt an ordinance (in the case of a county or municipality) or a resolution (in the case of a township) to increase the minimum appraised value of real property for which the fiscal body must approve a sale of the property. (Current law requires the fiscal body to approve a sale of real property if the appraised value is $50,000 or more.) Allows the fiscal body of a political subdivision to adopt an ordinance (in the case of a county or municipality) or a resolution (in the case of other political subdivisions) to increase the maximum assessed value of real property for which the political subdivision may negotiate a sale of the real property to an abutting landowner instead of having the property appraised and sold by public bidding. (Current law allows a political subdivision to negotiate with the abutting property owner if the assessed value of the real property is less than $15,000.) |
| | Current Status: | 4/12/2017 - Signed by the Governor
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| | Recent Status: | 3/28/2017 - Third reading passed; Roll Call 310: yeas 50, nays 0
3/28/2017 - House Bills on Third Reading
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| HB1395 | APPOINTMENTS TO LOCAL BOARDS. (ELLINGTON J) Amends the Lake County innkeeper's tax statute concerning the removal of a member of the Lake County convention and visitor bureau. Requires, in determining the political affiliation of an appointee to a board of a political subdivision, that the primary election in which the appointee voted is a primary election in Indiana. Provides that the determination of the political affiliation of a potential appointee to a local board who has never voted in a primary election in Indiana is made by the certification of the county chairman of the political party with which the potential appointee is affiliated. Requires that the county chairman's certification of an appointee's political affiliation be filed with the office of the circuit court clerk (clerk) not later than the time the oath of office of the appointee is filed with the clerk or the appointment is void. Provides that if, after the expiration of the term of an appointed member of a local board, the vacancy is not filled by the appointing authority within 90 days after the expiration of the term, the county chairman of the political party of the member whose term has expired shall make the appointment. Requires a person to be appointed for the remaining unexpired term of a vacating plan commission member not later than 90 days after the vacancy occurs. In a city having a park board and a city civil engineer, removes the requirement that the park board's appointee to the city plan commission be a member of the park board. Makes conforming changes. |
| | Current Status: | 4/26/2017 - Signed by the Governor
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| | Recent Status: | 4/21/2017 - Signed by the President Pro Tempore
4/18/2017 - House concurred in Senate amendments; Roll Call 494: yeas 61, nays 34
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| HB1421 | ZONING AND CONSTRUCTION PERMITS. (PRESSEL J) Provides that in the case of a zoning proposal for property within close proximity to a county line, notice to the property owners in the adjacent county to a certain depth is required if the proposal: (1) references a specific parcel of real estate; and (2) is unrelated to the adoption, amendment, or repeal of the text or zone maps of a county zoning ordinance. Provides that the granting of secondary, additional or related permits under local planning and zoning laws are to be governed for at least three years by standards and regulations in effect at time of application for the permit, regardless of whether or not such change in the statutes, ordinances, rules, development standards, or regulations are part of a zoning ordinance, subdivision control ordinance, or a statute, ordinance, or regulation that is based on the general police powers of the local unit of government. Requires a building inspector's finding that a building or structure does not comply with a building or fire safety law, or an order or interpretation of the fire prevention and building safety commission, to specifically identify the basis for the finding of noncompliance. Removes references to an expired statute. |
| | Current Status: | 5/2/2017 - Signed by the Governor
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| | Recent Status: | 4/20/2017 - Signed by the President Pro Tempore
4/19/2017 - Signed by the Speaker
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| HB1431 | EXECUTIVE SESSIONS AND OPEN RECORDS. (GIAQUINTA P) Provides that a governing body may admit to an executive session of the governing body an individual who has been elected to the governing body but has not been sworn in as a member of the governing body. Allows a state educational institution to: (1) meet in executive session to discuss certain matters concerning establishment of a collaborative relationship or venture to advance the research, engagement, or education mission of the state educational institution; and (2) withhold records from public disclosure that are created while the negotiations are in progress. Amends the tabulation of a provision regarding negotiations of certain state and local government entities to reflect that all of the listed entities negotiate with industrial, research, or commercial prospects. |
| | Current Status: | 4/26/2017 - 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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| HB1450 | PROPERTY TAX MATTERS. (LEONARD D) Provides that a political subdivision must upload a copy of a contract that the political subdivision enters into after June 30, 2016, to the Indiana transparency Internet web site if the total cost of the contract exceeds $50,000. Specifies the definition of "low income rental property" for purposes of property tax assessment. Specifies the total true tax value of low income rental property that is used to provide Medicaid assisted living services. Allows the department of local government finance (DLGF) to use estimated data to compute six year rolling averages for the purpose of determining the annual adjustments of assessed values between reassessments. Provides that the DLGF shall release DLGF's annual determination of the statewide agricultural land base rate value (base rate) on or before March 1 of each year. Makes the statute specifying the assessed value of outdoor advertising signs permanent. Provides that certain outdoor signs shall be disregarded for the purpose of determining an assessment of the land on which the outdoor sign is located. Provides that a public utility that fails to timely file a statement concerning the property owned or used by the public utility on an assessment date shall remit the penalty to the department of state revenue. Defines the terms "installment loan" and "mortgage" for purposes of the mortgage deduction. Restates the conditions for when a taxpayer must reapply for various property tax deductions. Restates the requirement that a taxpayer file a certified statement with the county auditor when the taxpayer ceases to be eligible for the standard deduction for a property. Provides that Jennings Township in Fayette County may increase its maximum township unit levy and its maximum levy for fire protection and emergency services for 2018. Provides that both the executive of a political subdivision and a majority of the members of the fiscal body of a political subdivision may independently request technical assistance from the distressed unit appeal board in helping prevent the political subdivision from becoming a distressed political subdivision. Provides that a multiple county property tax assessment board of appeals shall submit to the DLGF, the Indiana board of tax review, and the legislative services agency separate reports for each county participating in the multiple county property tax assessment board of appeals. Authorizes, but does not require, the DLGF to adopt rules to limit the basis of payment for services provided by professionals who work on capital projects to a fee for service agreement. Provides that the DLGF may adopt a rule after June 30, 2016, and before September 1, 2017, that concerns or includes market segmentation and affects assessments for the January 1, 2018, assessment date. Provides that the DLGF may not adopt a rule concerning the practice of a representative before a property tax assessment board or DLGF that restricts the ability of a certified public accountant to represent a client in a matter relating to the taxation of personal property or distributable property. Allows a county treasurer and the county auditor to implement a policy to waive, negotiate, or settle penalties that have accrued on delinquent property taxes, if the fiscal body of the county approves the policy. Repeals the requirements that the budget agency publish by May 1 each year an estimate of the total amount of statewide distributions of local income tax revenue for: (1) the following two years, in an odd-numbered year; and (2) the following year, in an even-numbered year. Eliminates the requirement in current law that the DLGF review a loan contract entered into by an airport authority. Specifies that the election of the directors of a conservancy district's board shall be by a plurality of the votes (instead of a majority of the votes, in current law). Provides that a conservancy district is not required to go through the budget review process unless the conservancy district imposes a levy. Adds conditions that a school corporation must satisfy to increase its maximum transportation fund levy. Specifies an October 20 filing deadline for an appeal. Increases the service of process fee from $25 to $28, provides that the clerk shall collect the fee rather than the sheriff, and distributes $1 of the fee to the clerk's record perpetuation fund. Provides that the executive of a township may use money in the township's rainy day fund to pay the costs attributable to providing fire protection and emergency services. Removes the requirement that the township firefighting fund be the exclusive fund used for providing fire protection or emergency services. Provides that a redevelopment commission's annual report to the unit that created the redevelopment commission must include both a list of parcels of real property and the depreciable personal property of designated taxpayers in the redevelopment area. Provides that a fire protection district may be a participating unit in a fire protection territory. Provides that a resolution by a provider unit to withdraw from a fire protection territory is effective on January 1 of the year following the year in which the resolution is adopted. Provides that if the provider unit of a fire protection territory withdraws, a majority of the remaining units must agree on which unit is to become the successor provider unit. Specifies the definition of "public funds" for purposes of public purchasing and public works projects. Provides that the drainage board of a county may not impose interest on a drainage assessment for construction or reconstruction if the construction or reconstruction is financed through the issuance of bonds or a construction loan. Specifies accounting procedures for drainage assessment construction or reconstruction loans having a term of fewer than six years. Allows a school corporation located in Vanderburgh County to impose a property tax at a rate of up to $0.005 to provide money to a historical society for restoration and maintenance of Bosse Field. Allows certain nonprofit entities that failed to comply with the exemption filing deadlines to claim the property tax exemptions that the nonprofit entities were otherwise entitled to claim. Requires the DLGF to: (1) increase Knox County's maximum permissible ad valorem property tax levy by $319,960 for taxes payable in 2018; and (2) decrease Knox County's maximum permissible ad valorem property tax levy by $319,960 for taxes payable in 2019. Urges the legislative council to assign to a study committee the topic of issues related to establishing a neighborhood enhancement property tax relief program. Urges the legislative council to assign to the interim study committee on agriculture and natural resources or another appropriate interim study committee the topic of creating a dedicated funding source for zoological parks in the state to: (1) promote tourism; (2) further job creation; (3) enhance educational opportunities; and (4) develop animal and botanical exhibitions. Makes technical corrections. |
| | 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 551: yeas 85, nays 0; Rules Suspended
4/21/2017 - House Conference Committees Eligible for Action
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| HB1495 | ENVIRONMENTAL MANAGEMENT. (WOLKINS D) Authorizes an ex officio advisory member of the Indiana recycling market development board to designate a representative to serve in an advisory capacity when the ex officio member is unable to attend a board meeting. Amends the law concerning certain facilities for the composting of vegetative matter to require that the facilities be designed and operated to prevent contamination from stormwater and leachate runoff and to require the use of controls at the facilities for ground water or surface water contamination, dust, odor, and noise. Amends the law on the recycling of electronic waste: (1) to require manufacturers of video display devices to submit an annual registration to the department of environmental management (department) not later than March 1 of each year and to report to the department not later than March 1 of each year the total weight in pounds of covered electronic devices that the manufacturers collected and recycled during the previous program year; and (2) to require collectors and registered recyclers of covered electronic devices to submit annual registrations to the department not later than March 1 of each year. Provides that, in determining how much a claimant will be paid from the underground petroleum storage tank excess liability trust fund (ELTF) in connection with an eligible release discovered on or after July 1, 2016, the amount otherwise available from the fund shall be reduced by the amount of all annual registration fees for tanks located at the facility from which the release occurred that were due in 2014 or later and that have not been paid. Authorizes payment from the ELTF to reimburse a claimant for compensation paid by the claimant to technicians for services performed in preparation of the claimant's ELTF claim. Provides for the underground storage tank financial assurance board to include one member who represents an environmental consulting firm that performs work involving underground storage tank corrective actions. Amends the law concerning regional water, sewage, and solid waste districts to eliminate a provision under which a contract providing for a governmental or private body to supply water to or treat the sewage and solid waste of a regional district is subject to the approval of the department. |
| | Current Status: | 4/26/2017 - Signed by the Governor
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| | Recent Status: | 4/21/2017 - Signed by the President Pro Tempore
4/19/2017 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 486: yeas 49, nays 0
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| HB1523 | SEARCH FEE FOR PUBLIC RECORDS REQUESTS. (RICHARDSON K) Allows a state or local government agency (agency), with certain exceptions, to charge a maximum hourly fee for any records search that exceeds two hours. Prohibits, with certain exceptions, an agency from charging a fee for providing a public record by electronic mail. Provides that if a public record is in an electronic format, an agency (excluding the office of the county recorder) shall provide an electronic copy or a paper copy, at the option of the person making the request for a public record. |
| | Current Status: | 4/24/2017 - VETOED BY 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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| HB1617 | 1977 FUND DISABILITY BENEFITS. (SPEEDY M) Provides that a member of the 1977 police officers' and firefighters' pension and disability fund (1977 fund) who has a permanent and total disability that is the direct result of a catastrophic physical personal injury that occurs in the line of duty after July 1, 2008, and that permanently prevents the 1977 fund member from performing any gainful work receives, after July 1, 2017, for the remainder of the individual's life a disability benefit equal to the monthly salary of a first class patrolman or firefighter at the commencement of the disability. Provides that the 1977 fund member's disability benefit increases at a rate equal to the increases in the monthly salary of a first class patrolman or firefighter. Provides for an exemption from the payment of tuition and regularly assessed fees at a state supported college, university, or technical school for a qualifying child or spouse of a 1977 fund member who has a permanent and total disability that is the direct result of a catastrophic physical personal injury that occurs in the line of duty after July 1, 2008, and that permanently prevents the 1977 fund member from performing any gainful work. |
| | Current Status: | 4/24/2017 - Signed by the Governor
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| | Recent Status: | 4/20/2017 - Signed by the President Pro Tempore
4/19/2017 - Signed by the Speaker
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| SB46 | VARIOUS PENSION MATTERS. (BOOTS P) Establishes a single special death benefit fund to replace the two separate death benefit funds established under current law to pay death benefit claims to the beneficiaries of public safety officers or other state public employees who die in the line of duty. Provides that death benefits paid to beneficiaries of members of the following funds who die in the line of duty are to be paid from the special death benefit fund instead of the pension relief fund: (1) The 1925 police pension fund. (2) The 1937 firefighters' fund. (3) The 1953 police pension fund (Indianapolis). (4) The 1977 police officers' and firefighters' pension and disability fund. Allows an individual who is a member of both the public employees' retirement fund (PERF) and the Indiana state teachers' retirement fund (TRF) to make independent elections concerning the amounts credited to the member in the annuity savings account of each fund. Allows a member of PERF or TRF, or both, to do the following with the money credited to the member in a PERF or TRF annuity savings account, in any combination: (1) Retain and continue to invest all or part of the money in the annuity savings account. (2) Receive one or more distributions of all or part of the money in the annuity savings account. (3) Obtain an annuity with all or part of the money in the annuity savings account. Provides that if survivor benefits under PERF or TRF are forfeited for the failure of a survivor to claim the benefits within three years of the death of a member, the money to pay the benefits must be credited in the manner provided by the board of trustees of the Indiana public retirement system, rather than to PERF or TRF specifically. Provides that the minimum pension benefit for a regularly retired member of
TRF who receives an unreduced pension benefit is $185 per month. Makes an appropriation. (The introduced verison of this bill was prepared by the interim study committee on pension management oversight.) |
| | Current Status: | 4/13/2017 - Signed by the Governor
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| | Recent Status: | 4/13/2017 - Signed by the President of the Senate
4/10/2017 - Signed by the President of the Senate
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| SB80 | DEFERRED RETIREMENT OPTION PLAN DISABILITY BENEFIT. (BOOTS P) Revises, for a member of the 1925 police pension fund, the 1937 firefighters' pension fund, the 1953 police pension fund, or the 1977 police officers' and firefighters' pension and disability fund who retires after June 30, 2017, because of a disability at least 12 months after the date the member enters the deferred retirement option plan (DROP), the calculation of the retirement benefit paid to the member. Allows a member who retired after January 1, 2015, and before July 1, 2017, because of a disability at least 12 months after the date the member entered the DROP to elect to have the member's retirement benefit recalculated under the new provision. |
| | Current Status: | 4/13/2017 - Signed by the Governor
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| | Recent Status: | 4/10/2017 - Signed by the Speaker
3/30/2017 - Signed by the President Pro Tempore
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| SB119 | AIR AMBULANCE SERVICES. (BECKER V) Adds a representative of an entity that provides air ambulance services to the composition of the Indiana emergency medical services commission (commission). Requires the commission with the assistance of the state department of health to develop and recommend statewide standards for activation and use of air medical services for transport of patients from the emergency scene to a trauma center. Requires that the standards must be updated at least every three years. Provides a public safety officer special death benefit to an emergency medical services provider who, after June 30, 2017, dies as a direct result of personal injury or illness resulting from the provider's performance of duties as an employee of an air ambulance services provider maintained by a health care system affiliated with a state educational institution, if the provider's employer purchases coverage. |
| | Current Status: | 4/21/2017 - Signed by the Governor
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| | Recent Status: | 4/19/2017 - Signed by the Speaker
4/10/2017 - Senate concurred in House Amendments; Roll Call 431: yeas 43, nays 6
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| SB121 | ADVERSE POSSESSION. (KOCH E) Permits an entity exempt from federal income taxation under Section 501 of the Internal Revenue Code from the payment of taxation to claim property by adverse possession. |
| | Current Status: | 4/13/2017 - Signed by the Governor
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| | Recent Status: | 4/10/2017 - Signed by the Speaker
3/30/2017 - Signed by the President Pro Tempore
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| SB128 | REGIONAL INFRASTRUCTURE IMPROVEMENT PROJECTS. (MESSMER M) Provides that the Indiana finance authority (IFA), rather than the budget agency, administers the local infrastructure revolving loan funds (loan funds). Expands the types of entities that may participate in the loan funds. Authorizes the IFA to issue its bonds to carry out the loan funds. Expands the types of infrastructure that are eligible for the loan funds to include bridges or other public ways. Provides that a regional development authority (RDA) may apply for a "FASTLANE" grant from the Federal Highway Administration (or a grant from any other federal program) for highway funding. Authorizes an RDA to enter into a supplemental funding agreement with the Indiana department of transportation or a political subdivision to contribute local matching funds to be used to pay a part or all of the nonfederal share of the costs necessary to carry out regional transportation infrastructure projects. Allows a county or municipality participating in an RDA to transfer money to a fund from its general fund or rainy day fund (or other available fund) to the RDA for purposes of providing funds for regional transportation infrastructure projects. Provides that a city, county, or political subdivision that fails to make a payment or transfer to a development authority as required is subject to a deduction by the state treasurer and a deduction of available funds from the development authority. Creates the regional development authority infrastructure fund (infrastructure fund). Provides that a regional development authority may expend money in the fund for certain infrastructure development projects. Provides that the IFA will administer the infrastructure fund. Provides an adjusted gross income tax deduction to a taxpayer that makes a contribution or gift to the infrastructure fund. Allows a county, city, or town to provide local income tax revenue to the infrastructure fund. Upon recommendation by an RDA, authorizes a county or municipality to establish a cumulative fund for the purpose of funding regional transportation infrastructure projects. |
| | Current Status: | 4/28/2017 - Signed by the Governor
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| | Recent Status: | 4/21/2017 - Signed by the President Pro Tempore
4/21/2017 - Signed by the Speaker
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| SB129 | CONSTRUCTION AND CONSTRUCTION PERMITS. (MESSMER M) Amends the law requiring the state department of health to approve or disapprove a construction permit application in not more than 30 days to specify that the law applies to applications for permits for the construction of nonresidential onsite sewage systems. Provides that the construction, acquisition, or leasing of any sewage works by a municipality is initiated by the adoption, by the municipal works board or other appropriate body of the municipality, of a resolution (rather than by the adoption by the municipal legislative body of an ordinance). |
| | 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 of the Senate
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| SB213 | WIRELESS SUPPORT STRUCTURES. (HERSHMAN B) Makes the following changes to the statute concerning the local permitting of wireless support structures: (1) Amends the definition of "small cell facility" to: (A) increase the maximum specified antenna volume from three cubic feet to six cubic feet per antenna; (B) eliminate the maximum specified total volume for all antennas; and (C) increase the maximum specified primary equipment enclosure volume from 17 cubic feet to 28 cubic feet. (2) Amends the definition of "utility pole" to: (A) mean a structure that is designed or used for certain specified purposes (versus existing statutory language defining the term to mean a structure that is designed and used for those specified purposes); and (B) include structures designed or used to provide traffic control or signage. (3) Amends the definition of "wireless support structure" to include structures that are capable of supporting (in addition to those designed to support) wireless facilities. (4) Defines the following terms: (A) "Communications service provider". (B) "Micro wireless facility". (C) "Wireless communications service". (5) Prohibits a permit authority from requiring an application or a permit for, or charging fees for: (A) the routine maintenance of wireless facilities; (B) the replacement of wireless facilities with others that are: (i) substantially similar to; or (ii) the same size or smaller than; those being replaced; or (C) the installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable codes. (6) Provides that with respect to the construction, placement, or use of small cell facilities and associated supporting structures, a permit authority may prohibit the placement of a new utility pole or wireless support structure in a right-of-way within an area that is designated before May 1, 2017, strictly for underground or buried utilities, if certain conditions are met. (7) Requires a permit authority to allow a neighborhood association or homeowners association to register with the permit authority to receive notice by United States mail of any application filed with the permit authority for the construction, placement, or use of a small cell facility on one or more new utility poles or one or more new wireless support structures in an area within the jurisdiction of the neighborhood association or homeowners association. (8) Provides that with respect to the permitting of small cell facilities and associated supporting structures within: (A) a historic preservation district; (B) a historic preservation area; or (C) an area within the jurisdiction of the Meridian Street preservation commission; a permit authority may apply any generally applicable procedures that require applicants to obtain a certificate of appropriateness. (9) Specifies that an applicant for the placement of a small cell facility and an associated supporting structure shall comply with applicable Federal Communications Commission (FCC) requirements and industry standards for identifying the owner's name and contact information. (10) Provides that the placement of a small cell facility and an associated supporting structure in the public right-of-way is considered a permitted use and is exempt from local zoning review if the height of the supporting structure does not exceed the greater of: (A) 50 feet measured from grade; or (B) the height of any utility pole in place on July 1, 2017, and within 500 feet of the proposed small cell facility, plus 10 feet. (11) Sets forth limits for application fees for a permit for the construction, placement, or use of small cell facilities. (12) Allows a permit authority to propose, as an alternative location for a proposed small cell facility at a location where a supporting structure does not exist, that the small cell facility be collocated on an existing utility pole or wireless support structure if the existing utility pole or wireless support structure is located within 50 feet of the location proposed in the application. (13) Provides that for an application for the construction, placement, or use of a small cell facility and the associated supporting structure, a permit authority has 60 days to approve or deny the application but shall otherwise follow the application procedures that apply to collocation permit applications under the statute. (14) Prohibits a permit authority from taking certain specified actions with respect to the construction, placement, or use of small cell facilities and the associated supporting structures. (15) Specifies that a permit authority is not prohibited from applying a reasonable and generally applicable safety regulation to the construction, placement, or use of small cell facilities and associated supporting structures in the public right-of-way. (16) With respect to the construction, placement, or use of small cell facilities on a utility pole owned or controlled by a governmental unit, sets forth certain requirements with which the unit must comply and certain actions that the unit is prohibited from taking, including a prohibition against the unit or a utility owned by the unit imposing a rental or other recurring fee for small cell facilities that are strung or located between utility poles if one or more of the utility poles has an associated attachment for which a rental rate is charged. (17) Provides that a unit may impose additional terms and conditions for the construction, placement, or use of small cell facilities on utility poles owned or controlled by the unit if the terms and conditions are: (A) consistent with the bill's requirements; (B) reasonable; (C) nondiscriminatory; and (D) generally applicable. (18) Specifies that the bill's provisions do not: (A) authorize the collocation of small cell facilities on privately owned utility poles, wireless support structures, or property without the consent of the property owner; (B) affect the duty of an entity seeking to place a small cell facility on a utility pole or wireless support structure owned, controlled, or operated by a public utility to obtain from the utility any necessary authority for the placement; or (C) affect the authority of a public utility that owns, controls, or operates a utility pole or wireless support structure with respect to the use of or attachment to the utility pole or wireless support structure, consistent with federal law and FCC decisions and rules. |
| | Current Status: | 5/2/2017 - 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 554: yeas 67, nays 29; Rules Suspended
4/21/2017 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 532: yeas 43, nays 7; Rules Suspended
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| SB293 | ANIMALS. (LEISING J) Provides that a military animal rather than a service animal may be buried with a deceased owner. Urges the legislative council to assign to the interim study committee on agriculture and natural resources or another appropriate interim study committee the topics of: (1) federal and state law concerning service and assistance animals; and (2) the permissible uses of service and assistance animals, including emotional support animals and therapy animals, in public accommodations. |
| | Current Status: | 4/21/2017 - Signed by the Governor
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| | Recent Status: | 4/19/2017 - Signed by the Speaker
4/13/2017 - Signed by the President Pro Tempore
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| SB299 | OFFENSES INVOLVING UNMANNED AERIAL VEHICLES. (KOCH E) Amends the definition of "unmanned aerial vehicle" to specify that the term includes: (1) an unmanned aircraft and an unmanned aircraft system; and (2) a small unmanned aircraft and a small unmanned aircraft system; all as defined in federal law. Creates the following new criminal offenses involving the use of an unmanned aerial vehicle as Class A misdemeanors: (1) Sex offender unmanned aerial vehicle offense. (2) Public safety remote aerial interference. (3) Remote aerial voyeurism. (4) Remote aerial harassment. Provides that the offenses are Level 6 felonies if the accused person has a prior unrelated conviction for the same offense. Provides that it is not a defense to a prosecution for invasion of privacy that the accused person used or operated an unmanned aerial vehicle in committing the violation. |
| | Current Status: | 4/21/2017 - 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 448: yeas 47, nays 1
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| SB312 | USE OF CRIMINAL HISTORY INFORMATION IN HIRING. (BOOTS P) Provides that a political subdivision may not prohibit an employer from obtaining or using criminal history information during the hiring process to the extent allowed by federal or state law, rules, or regulations. Provides that a political subdivision may not prohibit an employer, at the time an individual makes an initial application for employment, from making an inquiry regarding the individual's criminal history information or requiring the individual to disclose criminal history information. Provides that criminal history information concerning an employee or former employee may not be introduced against an employer, an employer's agents, or an employer's employees in a civil action based on the employee's or the former employee's conduct if: (1) the criminal history information does not bear a direct relationship to the facts underlying the civil action; (2) the records of the criminal case have been sealed; (3) the criminal conviction has been reversed, vacated, or expunged; (4) the employee or former employer has received a pardon for the criminal conviction; or (5) the arrest or charge did not result in a criminal conviction. Provides that this provision does not supersede any federal or state law requirement to conduct a criminal history information background investigation or consider criminal history information in hiring for particular types of employment. |
| | Current Status: | 4/27/2017 - Signed by the Governor
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| | Recent Status: | 4/10/2017 - Signed by the Speaker
3/30/2017 - Signed by the President Pro Tempore
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| SB347 | CIVIC EVENT MOTOR VEHICLES AND LICENSE PLATES. (FREEMAN A) Allows a person to display a civic event license plate on the civic event motor vehicle after the term of the civic event, if certain conditions are met. |
| | Current Status: | 4/13/2017 - Signed by the Governor
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| | Recent Status: | 4/10/2017 - Signed by the Speaker
3/30/2017 - Signed by the President Pro Tempore
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| SB421 | ABOVE GROUND STORAGE TANKS. (BASSLER E) Repeals the law requiring owners of certain above ground storage tanks to register their tanks with the department of environmental management. Authorizes the person responsible for the operation of a public water system to gather information from potential sources of contamination for the purpose of developing or updating the public water system's threat minimization and response plan. Provides that, depending on the circumstances, the information gathered from potential sources of contamination may be excepted from inspection and copying under the public records law. Urges the legislative council to assign to the interim study committee on environmental affairs for study during the 2017 interim the topic of public water supply protection, including: (1) the potential creation of a central repository for all information about above ground storage tanks that is reported to various agencies; (2) resources available to the operators of public water systems for developing and maintaining emergency plans for responding to threats to the drinking water supply; and (3) whether the information available to emergency responders and environmental regulators concerning above ground storage tanks is sufficient to ensure the protection of public water supplies. |
| | Current Status: | 4/13/2017 - Signed by the Governor
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| | Recent Status: | 4/10/2017 - Signed by the Speaker
3/28/2017 - Third reading passed; Roll Call 326: yeas 95, nays 0
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| SB456 | WAR MEMORIALS. (HEAD R) Provides that the fiscal body of a city, county, or township may by ordinance or resolution authorize the sale or donation of a war memorial to certain organizations exempt from federal income taxation. Requires an organization acquiring a war memorial to continue to operate and maintain the war memorial. Provides that ownership of the war memorial reverts to the city, county, or township if the acquiring organization determines that it is unable to continue operating the war memorial, is dissolved, or otherwise ceases to exist. |
| | Current Status: | 3/29/2017 - Signed by the Governor
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| | Recent Status: | 3/21/2017 - Signed by the Speaker
3/21/2017 - Signed by the President Pro Tempore
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| SB472 | REQUESTS TO LOCATE UNDERGROUND UTILITY FACILITIES. (CRIDER M) Amends the statute concerning the locating and marking of underground utility facilities (Indiana's 811 law) to allow a person responsible for: (1) a construction project; or (2) any other project or operation; that will involve an excavation or demolition operation to provide a voluntary design information notice to the association known as the Indiana Underground Plant Protection Service (association) before commencing preliminary engineering studies or construction planning activities in the project area that will be affected by the excavation or demolition. Provides that a design information notice must be received by the association at least 10 full working days but not more than 20 calendar days before the commencement of the preliminary engineering studies or construction planning activities. Specifies the information that must be included in a design information notice. Provides that not more than two design information notices for the same project and from the same person or source may be submitted in any given 180 day period. Requires the association, upon receiving a design information notice, to: (1) notify each utility operator that has underground facilities located in the affected project area; and (2) provide the person serving the design information notice a list of the identified operators. Requires an operator, upon receiving notice of a submitted design information notice, to contact the person serving the design information notice within 10 days and do one or more of the following: (1) Provide a description of, and location information for, the operator's underground facilities in the affected project area. (2) Allow the person serving the design information notice to inspect, at a location acceptable to the operator, drawings or other records for the operator's underground facilities in the affected project area. (3) Designate with temporary facility markers the location of the operator's underground facilities within the affected project area. Allows an operator to reject a design information notice: (1) based on security considerations; or (2) if producing the required description of, or location information for, the operator's affected underground facilities would place the operator at a competitive disadvantage; pending the operator's verification of the legitimacy of the design information notice. Provides that the submission of a design information notice does not relieve a person responsible for the excavation or demolition operation involved in the project from providing the notice required under the law before commencing the excavation or demolition operation. Removes a provision in the statute that requires a county recorder who receives an inquiry from a person seeking to provide the required notice of an excavation or demolition to refer the person to the association. |
| | Current Status: | 4/21/2017 - Signed by the Governor
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| | Recent Status: | 4/19/2017 - Signed by the Speaker
4/17/2017 - Signed by the President Pro Tempore
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| SB507 | ECONOMIC DEVELOPMENT. (HEAD R) Repeals the statute establishing the emerging technology grant fund. Repeals the statute that authorized the Indiana finance authority to issue bonds before July 1, 2011, for the Indiana twenty-first century research and technology fund. Repeals the Indiana regional city fund statute, and transfers the provisions in that statute to the Indiana regional cities development fund statute. Eliminates the strategic review committee under the regional cities program, and assigns its duties to the board of the Indiana economic development corporation (IEDC). Authorizes the governor to appoint up to three additional members to the IEDC board. Eliminates the provision allowing the IEDC board to determine that part of a grant or loan under the regional cities program that shall be made from the environmental remediation revolving loan fund. Provides that in addition to applications for grants and loans from the Indiana regional cities development fund, a development authority may also submit an application to the IEDC for review and approval of the entity's development plan without applying for a grant or loan. Eliminates the expiration provisions in current law for the following tax credits: (1) The venture capital investment tax credit. (2) The Hoosier business investment tax credit. Repeals the statute authorizing the establishment of the twenty-first century research and technology fund grant office. Repeals the current statute concerning trademarks for use on Indiana products and relocates it within the statutes governing the IEDC. Changes the name of the training 2000 fund to the skills enhancement fund. Repeals the statute establishing the office of small business and entrepreneurship. Transfers duties related to small businesses from the office of small business and entrepreneurship to the IEDC. Provides that the IEDC designates the small business ombudsman. Extends the motorsports improvement program through June 30, 2019, eliminates the grant limits, and provides grants for the New Castle Motorsports Park and the Winchester Speedway. Provides that the IEDC board may engage an independent certified public accounting firm to conduct an examination of the IEDC and the IEDC's funds, accounts, and financial affairs and the IEDC's nonprofit subsidiary corporation if: (1) an independent certified public accounting firm conducts an examination; (2) the IEDC submits the examination report to the state board of accounts; and (3) the state board of accounts reviews the examination report and determines that the examination and examination report comply with the uniform compliance guidelines, directives, and standards established by the state board of accounts. Provides that notwithstanding such a waiver, the state board of accounts may examine the IEDC and the nonprofit subsidiary corporation at any time. Adds committees appointed by the IEDC board to the list of committees that may meet electronically without having the greater of two members or 1/3 of the members physically present. Specifies that the IEDC shall submit the quarterly and annual reports concerning the Indiana twenty-first century research and technology fund to both the budget committee and the legislative council. Eliminates the requirement that the IEDC must submit a semiannual report. Deletes the provision in current law that requires each county or municipal economic development commission to file a copy of its annual report with the IEDC. (Under current law, these annual reports are filed with both the IEDC and the fiscal body that the economic development commission serves.) Specifies the information that these reports must contain. Provides that the office of management and budget may waive the requirement that a certified public accountant perform an annual financial audit of a regional development authority established under the general redevelopment authority law if that regional development authority certifies that it had no financial activity during the year. |
| | Current Status: | 4/28/2017 - Signed by the Governor
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| | Recent Status: | 4/20/2017 - Senate concurred in House amendments; Roll Call 488: yeas 46, nays 4
4/20/2017 - Senate concurred in House amendments;
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| SB515 | VARIOUS TAX MATTERS. (HERSHMAN B) Provides and modifies sales and use tax exemptions. Provides an income tax deduction for certain amounts a taxpayer included as an item of income in a prior tax year. Specifies that, in determining an Indiana net operating loss deduction, certain modifications to adjusted gross income are not to be applied. Provides that certain professional sports team members or race team members are subject to the local income tax, and that in Marion County this local income tax revenue: (1) must be deposited in a dedicated fund established by its capital improvement board; and (2) is not captured by the Marion County professional sports development area. (Under current law, a county's local income tax applies only to residents of the county and to nonresidents who have their principal place of business or employment in the county.) Adds exemptions to certain taxes in connection with an NBA All-Star game and NBA related events when held in Indiana. Provides that a return under the financial institutions tax is due one month after the taxpayer's federal tax return is due. Creates a three month window during which an owner of an aircraft that is located in another state may register in Indiana without paying the difference in the sales tax paid to that state at its rate and the Indiana use tax rate. Provides that the department of state revenue may collect debts of a local unit of government through a tax refund set off program. Requires the legislative services agency to conduct a study concerning the correlation between employment growth and the statutory tax relief realized by C corporations during the period 2011 through 2016. Makes technical corrections. |
| | 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 545: yeas 98, nays 0; Rules Suspended
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