| 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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| | State Bill Page: | HB1001 |
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| HB1004 | PREKINDERGARTEN EDUCATION. (BEHNING R) Provides that, after June 30, 2017, the early education grant pilot program (prekindergarten pilot program) includes: (1) eligible providers in an additional 15 counties; and (2) eligible providers that received a grant under the early education matching grant program and meet certain conditions. Changes references to the "pilot program" to the "prekindergarten pilot program". Adds additional requirements for an eligible provider to participate in the prekindergarten pilot program. Adds additional requirements for an eligible child to qualify for or receive a grant under the prekindergarten pilot program. Amends income eligibility requirements for eligible children in counties that meet certain conditions and establishes certain requirements and restrictions. Provides that the office of the secretary of family and social services (office) may award a grant to a potential eligible provider or existing eligible provider for an expansion plan if certain requirements are met. Requires a potential eligible provider or existing eligible provider to repay to the office the total amount of the grant awarded if the potential eligible provider or existing eligible provider fails to use the grant funds in accordance with the expansion plan or in compliance with the agreement with the office. Requires the office to: (1) monitor the educational outcomes resulting from the implementation of expansion plans; and (2) annually provide the governor and legislative council a report of the findings of the office concerning the educational outcomes. Amends a provision that requires a match for the prekindergarten pilot program be from at least 10% but not more than 50% to be at least 5% but not more than 50%, with an exception. Requires the office to make random onsite inspections, as determined necessary by the office, of facilities of eligible providers and potential eligible providers or existing eligible providers each year. Provides that the office may determine that an eligible provider or potential eligible provider or existing eligible provider is no longer eligible under the prekindergarten pilot program. Provides that eligible children who use a prekindergarten pilot program grant to attend a prekindergarten program at an eligible choice scholarship school are eligible to receive a choice scholarship to attend the same eligible choice scholarship school if certain conditions are met. Requires the division of family resources to develop a provider rate reimbursement schedule that uses money appropriated by the general assembly as an incentive for providers eligible to receive voucher payments under the federal Child Care and Development fund voucher program to meet the standards of quality recognized by a Level 3 or Level 4 Paths to QUALITY program rating. Requires the department of education (department) to approve an early learning development framework for prekindergarten. Requires the office to apply for waivers from all applicable federal agencies to receive any federal funding for child care or prekindergarten education in one block grant to use for child care and prekindergarten programs in the state. Establishes the prekindergarten pilot program fund (fund). Allows the office to develop and implement a reimbursement program to reimburse costs incurred by parents to provide technology based, in-home early education services to a child. Allows money in the fund to be used to pay for the reimbursements. Repeals the provisions concerning the early education matching grant program. |
| | Current Status: | 4/26/2017 - Signed by the Governor
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| | State Bill Page: | HB1004 |
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| HB1074 | HOMEOWNERS ASSOCIATION PROXIES. (MACER K) Allows a proxy executed by a member of a homeowners association to be submitted by: (1) hand delivery; (2) United States mail; (3) facsimile; or (4) electronic mail or other electronic means. Provides that if: (1) a meeting of a homeowners association is called in accordance with the requirements of the association's governing documents; (2) a purpose of the meeting is the election or appointment of members of the board of directors; and (3) the number of members attending the meeting does not constitute a quorum; the members of the board at the time of the meeting may continue to serve until their successors are selected and qualified, regardless of the length of any board member's term or the number of terms served. Provides that the failure of a homeowners association to achieve a quorum at a meeting does not exempt any member from, or create an affirmative defense for any member with respect to the member's obligations: (1) under the association's governing documents; or (2) to otherwise abide by covenants regulating: (A) the use of real estate; or (B) the payment of assessments. Provide that if a homeowners association's governing documents permit both the association and members of the association to enforce provisions of the governing documents, the homeowners association has authority both: (1) as a corporation or an entity; and (2) as derived from the members of the association's board; to enforce the governing documents. Makes conforming amendments. |
| | Current Status: | 4/12/2017 - Signed by the Governor
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| | State Bill Page: | HB1074 |
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| HB1287 | CHOICE PROGRAM. (CLERE E) Defines "countable asset" and amends the definition of "case management" and "eligible individual" for purposes of the community and home options to institutional care for the elderly and disabled program (CHOICE program). Provides that under the CHOICE program, the division of aging (division): (1) must establish a cost participation schedule for each eligible individual; and (2) may not require a family member or other person to provide services as a condition of eligibility. Requires a case manager from an area agency on aging to perform initial verification and reverification of an individual's income and assets for the CHOICE program. Requires the division to convene collaborative work groups with area agencies on aging to develop policies that establish: (1) a person-centered planning process, supported by a needs-based assessment tools, to be used; and (2) the percentage of program dollars adequate to provide case management services; (3) training necessary; (4) data collection standards; (5) program performance measures; and (6) a cost participation schedule; for the CHOICE program. |
| | Current Status: | 4/20/2017 - Signed by the Governor
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| | State Bill Page: | HB1287 |
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| SB59 | PROFESSIONAL LICENSING. (HEAD R) Requires the behavioral health and human services licensing board to issue a license to a social worker, clinical social worker, marriage and family therapist, mental health counselor, licensed addiction counselor, licensed clinical addiction counselor, addiction counselor associate, or clinical addiction counselor associate who: (1) has a valid license or certificate to practice from another state or jurisdiction; (2) has passed an examination substantially equivalent to the level for which licensure is being requested; (3) does not have a pending disciplinary proceeding in another state; and (4) pays a fee. Establishes requirements to obtain a license as an addiction counselor associate or clinical addiction counselor associate. Allows for an out-of-state individual seeking reciprocity for licensing in Indiana for psychology to receive a temporary license. |
| | Current Status: | 4/28/2017 - Signed by the Governor
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| | State Bill Page: | SB59 |
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| SB108 | EDUCATION MATTERS. (KRUSE D) Provides that when a school corporation authorizes an absence to permit a student to attend any educationally related nonclassroom activity, the student may not be recorded as being absent on any date for which the excuse is operative and may not be penalized by the school. Provides that an initial school improvement plan must be established and approved by the governing body not later than August 1 of the school year in which the plan is to be implemented. Requires: (1) the Indiana education employment relations board (board) to publish a model compensation plan with a model salary range that a school corporation may adopt; (2) each school corporation to submit its local compensation plan to the board; and (3) the board to publish local compensation plans on the board's Internet web site. (Under current law, the department of education publishes and oversees the model compensation plan and local compensation plans.) Provides that the board: (1) shall review a compensation plan for compliance; and (2) has jurisdiction to determine compliance of a compensation plan submitted. Establishes an expiration for emergency rules that the board adopts. Requires a school corporation that has a compensation plan but does not have a ratified collective bargaining agreement to, not later than October 1 of the year in which the compensation plan becomes effective, submit the school corporation's compensation plan to the board. Provides that, if a school corporation does not submit the compensation plan by October 1, the compensation plan is considered not in compliance unless a compliance officer of the board finds good cause shown for the delay. Provides that a principal or superintendent, or the principal's or superintendent's designee, may recommend an individual to participate in the Indiana high school equivalency diploma program. Allows the governing body of a school corporation to deny a request for a student to transfer to the school corporation or discontinue enrollment, or establish terms or conditions for enrollment or for continued enrollment, if the student has a history of unexcused absences and the governing body believes that, based on the location of the student's residence, attendance would be a problem. Provides that a special needs bus may be used to provide transportation for asibling of a student with a developmental or physical disability. Requires the department of education (department), in collaboration with the state board of education, to prepare a report that includes recommendations regarding certificated employee evaluations. Requires the department, not later than November 1, 2017, to submit the report to the general assembly. Provides that a provision requiring cardiopulmonary resuscitation training applies to a charter school other than a virtual charter school. Requires, before December 1, 2017, the department of workforce development to commission an entity that specializes in improving access to adult literacy programs to: (1) prepare and submit a report regarding adult literacy programs to the legislative council; and (2) present the report to the state workforce innovation council. |
| | Current Status: | 4/28/2017 - Signed by the Governor
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| | State Bill Page: | SB108 |
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| SB154 | ASSET LIMITATION FOR SNAP ELIGIBILITY. (MERRITT J) Requires the division of family resources to: (1) beginning January 1, 2018, implement within the federal Supplemental Nutritional Assistance Program (SNAP) an expanded eligibility category and specifies a countable asset limitation for resources of $5,000 in determining an individual's SNAP eligibility; and (2) notify the United States Department of Agriculture of the implementation of expanded categorical eligibility under SNAP. Specifies certain resources that may not be counted as an asset for purposes of SNAP eligibility. Requires the division of family resources to submit a report to the legislative council concerning the projected total amounts that individuals receiving SNAP benefits would be required to repay over the period beginning January 1, 2018, and ending December 31, 2019, due to positive errors. |
| | Current Status: | 4/27/2017 - Signed by the Governor
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| | State Bill Page: | SB154 |
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| SB407 | EDUCATION MATTERS. (HOUCHIN E) Requires a school employer to submit a copy of the affidavit submitted by the exclusive representative indicating the number of teachers who are members of the exclusive representative to the Indiana education employment relations board (board). Requires the board to compile information included in the affidavit from each school corporation and post aggregate information on the board's Internet web site. Provides that the information posted by the board may not include any information that would identify a particular school employee. Requires the board to develop and post on its Internet web site training modules, videos, or other instructional material informing school employees of their rights to select an exclusive representative. Provides that each school year in which school employee participation in a school employee organization currently serving as the exclusive representative of the bargaining unit does not represent a majority of the school employees within the unit, the board shall notify the school employees of the bargaining unit of their right to: (1) representation; and (2) the ability to change their exclusive representative. Urges the general assembly to assign certain issues relating to the federal Every Student Succeeds Act to the education interim study committee. |
| | Current Status: | 4/27/2017 - Signed by the Governor
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| | State Bill Page: | SB407 |
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| SB412 | 529 EDUCATION SAVINGS PLAN MATTERS. (KOCH E) Prohibits, unless otherwise provided under federal law, money in a 529 education savings account from being considered as a resource or asset in determining an applicant's or recipient's eligibility for: (1) certain public assistance programs; or (2) scholarships, grants, or awards administered by the commission for higher education. |
| | Current Status: | 4/13/2017 - Signed by the Governor
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| | State Bill Page: | SB412 |
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| SB440 | VARIOUS TAX MATTERS. (HOLDMAN T) Requires the party that petitions for equitable allocation and apportionment of state income tax to bear the burden of proof that the standard allocation and apportionment provisions do not fairly represent the taxpayer's income derived from sources within Indiana and that the proposed alternative method to the standard allocation and apportionment provisions is reasonable. Requires the department of state revenue (department) to adopt certain procedures for department employees to follow in mailing documents that provide notice to a taxpayer. Specifies the content of a notice to a taxpayer that establishes a deadline for the taxpayer to act or respond. Requires the department to do the following: (1) Study the department's retention of records with respect to an investigation, audit, or claim for refund. (2) Submit a report to the legislative council and the interim study committee on fiscal policy containing the results of the department's study. Requires the interim study committee on fiscal policy to hold at least one public hearing at which the department presents the results of the report. |
| | Current Status: | 4/13/2017 - Signed by the Governor
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| | State Bill Page: | SB440 |
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| SB447 | CHILD SERVICES. (MERRITT J) Requires child abuse and neglect training for school employees. Allows the department of child services (department) to share costs incurred in maintaining the new hire directory in accordance with federal law with the department of workforce development. Adds a definition of "concurrent planning". Adds a definition of "nonwaivable offense" and makes conforming changes. Allows the department to pay the criminal background check fee in certain adoption cases. Prohibits the department from charging a fee for state tax offsets. Amends provisions concerning restricted driving licenses. Provides that the department may not grant a variance or waiver of a rule to an applicant for a: (1) child care institution; (2) foster family home; (3) group home; or (4) child placing agency; license if the applicant has been convicted of certain felonies. Requires that a criminal history check be conducted on all members of the household of an applicant for a foster family home license. (Current law requires a criminal history check of household members 14 years of age or older.) Amends provisions governing sharing of jurisdiction between: (1) a court that has jurisdiction over a child in a marriage dissolution or paternity action; and (2) another court hearing a delinquency or child in need of services proceeding regarding the child. Permits a juvenile court to authorize drug and alcohol testing of a child under certain circumstances. Requires an individual who is required to make a report of abuse or neglect in the individual's capacity as a member of the staff of a hospital licensed under IC 16-21-2 to first notify the individual in charge of the hospital or the designated agent of the individual in charge of the hospital. Prohibits a public or nonpublic school, school corporation, facility, or agency from establishing a policy restricting an employee's duty to report suspected child abuse or neglect. Adds a written report as a means to report suspected child abuse or neglect. Amends a requirement that the department must notify the United States Department of Defense Family Advocacy Program (Program) regarding a substantiated investigation of abuse or neglect of a child of an active duty military member, to provide that the department must notify the Program upon request. Provides that a child: (1) who lives in the same household as another child who is a child in need of services because the other child is a victim of specified offenses; and (2) regarding whom a caseworker makes specified determinations; is a child in need of services. Provides that a child who: (1) is born with: (A) neonatal abstinence syndrome; or (B) a controlled substance, legend drug, or metabolite of a controlled substance or legend drug in the child's body, including in the child's blood, urine, umbilical cord tissue, or meconium; and (2) needs care, treatment, or rehabilitation the child is not receiving or unlikely to receive without court intervention; is a child in need of services, and establishes a rebuttable presumption that the conditions regarding the child's care, treatment, or rehabilitation are met if evidence exists that the child's mother used a controlled substance or a legend drug during pregnancy. Provides that a child in need of services may be placed in a residence at which a person who has been convicted of battery (rather than battery only as a felony, as provided in current law) resides, if the person's commission of the offense is not relevant to the person's ability to care for the child and the placement is in the best interests of the child. Makes optional (rather than required, as under current law) certain recommendations in a petition seeking participation of a parent, guardian, or custodian in a program of care, treatment, or rehabilitation of a child. Permits out-of-home placement of a child in a facility located outside Indiana only if there is not an equivalent facility (rather than a comparable facility, under current law) located in Indiana. Provides that a court may order a parent, guardian, or custodian of a child to participate in a mental health or addiction treatment program if the parent, guardian, or custodian will be participating in a program of care, treatment, or rehabilitation of the child. Prohibits filing by a child placing agency of a petition for voluntary termination of parental rights unless the petition is in furtherance of an adoption or other permanency plan. Requires a law enforcement agency to forward a missing child report to the department. Requires the department to complete a written report within 24 hours of receiving a report of a missing child. Requires the department to provide information concerning certain missing children to the National Center for Missing and Exploited Children. Provides that the consent of an agency or local office: (1) with lawful custody of a child whose adoption is being sought; and (2) who is served with a notice of adoption concerning the child; is not subject to being irrevocably implied. Provides immunity for a person who leaves an infant with a person who is an emergency medical services provider. |
| | Current Status: | 4/26/2017 - Signed by the Governor
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| | State Bill Page: | SB447 |
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