| HB1001 | STATE BUDGET. (HUSTON 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. Renames the build Indiana fund the lottery surplus fund. Eliminates all the build Indiana fund accounts. Declares the policy of the state that no person may be denied coverage for a preexisting condition under a plan of health coverage offered or administered by the state. Specifies that the preexisting condition exclusion provisions of the Patient Protection and Affordable Care Act (PPACA) are in effect and enforced in Indiana, regardless of the legal status of the PPACA. Establishes the Indiana-Michigan boundary line commission to administer and oversee a survey and remonumentation of the Indiana-Michigan border. Eliminates the office of state based initiatives. Makes the budget agency responsible for coordinating federal assistance to state agencies. Prohibits certain state agency action regarding federal assistance. Requires state agencies to provide federal assistance information to the budget agency. Requires the budget agency to: (1) prepare an annual report summarizing the federal assistance received by state agencies during the preceding federal fiscal year; (2) publish a comprehensive federal assistance review plan; and (3) perform a review of the current impact and projected future impact of federal mandates and regulations on Indiana. Makes the budget agency the state's single point of contact to review and coordinate proposed federal financial assistance and direct federal development. Adds the two deputy budget directors as alternate members of the budget committee, and specifies that one of the deputy directors shall take the place of the budget director when the budget director is not present. Removes the restriction on the Indiana horse racing commission using money distributed under a distribution agreement for administrative purposes. Requires 0.45% of the adjusted gross receipts from each casino to be deposited in the horse racing commission's operating fund. Establishes the problem gambling program fund. Specifies that the part of the problem gambling fee that is retained annually by the Indiana gaming commission must be deposited into the fund. Provides that the money in the fund is continuously appropriated. Permits the trust fund for self-insurance for employees, including retired employees, for the state police department, conservation officers of the department of natural resources, and the state excise police to invest in the same investments as the state police pension plan instead of the public employees' retirement fund (the trust fund could not invest in equity securities). Permits the retiree health benefit trust fund to invest in the same investments as the public employees' retirement fund instead of in the same manner as public deposits may be invested. Requires a periodic actuarial study of the retiree health benefit trust fund. Provides that employer contributions to the retirement medical benefits account (RMBA) on behalf of a participant must be sufficient to provide the specified benefit. Changes the administration and investment decisions for the RMBA from the budget agency to the Indiana public retirement system (INPRS). Changes responsibility for reports concerning other post-employment benefits (OPEB) from the office of management and budget (OMB) to the INPRS. Changes responsibility for reports concerning local pensions from the OMB to the INPRS. Changes references to Governmental Accounting Standards Board Statements that apply to OPEB reports. Repeals the Indiana technology fund. Provides that a taxpayer may submit, beginning in 2021, a personal property tax return using an online submission system established by the department of local government finance in collaboration with county assessors. Replaces the postwar construction fund with a fund named the state construction fund. Dedicates $1,800,000 to the state construction fund from a part of the cigarette tax revenue formerly appropriated to the department of natural resources. Repeals the state police building account and directs the revenue formerly deposited in the account to the state construction fund. Establishes requirements to be eligible to claim the Indiana research expense income tax credit effective January 1, 2019. Increases the cap on the scholarship granting organization scholarship tax credit from $14,000,000 to $15,000,000 for the state fiscal year beginning July 1, 2019, and to $16,500,000 for state fiscal years beginning after June 30, 2020. Repeals the income tax credit for property taxes paid by a for-profit acute care hospital. Provides various tax exemptions for the College Football Playoff Group for the College Football Playoff National Championship, including ancillary events. Provides that money in the department of state revenue pilot program fund for functions related to motor carrier services is continuously appropriated. Allocates a percentage of St. Joseph County innkeeper's tax revenue: (1) for the development and operation of an indoor sports complex in the city of Mishawaka; and (2) to finance projects for the Potawatomi Zoo in the city of South Bend. Expires both of these allocations and decreases the innkeeper's tax rate by the percentage allocated for the respective purposes on the later of: (1) July 1, 2024; or (2) a specified date to occur. Removes the reduction from the motor vehicle highway account fund for the appropriation to the department of transportation for traffic safety. Transfers $325,000 each month to the motor carrier regulation fund from the motor vehicle highway account fund. Requires the bureau of motor vehicles to determine the allocation to counties from the motor vehicle highway account fund that is based on motor vehicle registrations. Provides that proceeds received under the First Amendment to the Amended and Restated Indiana Toll Road Concession and Lease Agreement entered on September 21, 2018, are to be deposited in a new fund known as the toll road lease amendment proceeds fund for certain state highway projects. Appropriates $239,400,000 from the toll road lease amendment proceeds fund in state fiscal year 2019 to be used for the purposes of the fund. Terminates the appropriation to the state police department of part of the handgun license fees as of July 1, 2019. Transfers any balance remaining in the fund holding these fees to the state general fund on June 30, 2021. Requires the division of disability and rehabilitative services to establish a cost participation schedule for purposes of the first steps program. Repeals the statutory cost participation schedule. Provides that the money in the division of family resources child care fund is continuously appropriated. Removes the requirement that a school corporation distribute to the state general fund 3% of the federal reimbursement for claims paid under the federal Medicaid program. (Under current law, these funds distributed to the state general fund are dedicated for consulting to encourage school participation in the Medicaid program.) Extends the prohibition on the office of Medicaid policy and planning from including certain Medicaid recipients who receive nursing facility services in a Medicaid risk based managed care program or a capitated managed care program through June 30, 2020. Specifies conditions that apply to a Medicaid disproportionate |
| | Current Status: | 4/29/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/24/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 657: yeas 67, nays 31; Rules Suspended
4/24/2019 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 625: yeas 41, nays 8; Rules Suspended
|
| |
| HB1015 | VARIOUS GAMING MATTERS. (TORR J) Authorizes sports wagering at riverboats, racinos, a Vigo County casino, and satellite facilities. Provides for the administration and conduct of sports wagering. Imposes initial and annual fees on a licensed owner, operating agent, vendor, or permit holder conducting sports wagering. Imposes initial and annual licensing fees on vendors conducting sports wagering. Specifies that a vendor contracting with a certificate holder has the same authority to conduct sports wagering as the certificate holder. Provides that the Indiana gaming commission (IGC) may issue a temporary certificate of authority or a temporary license to conduct business under certain circumstances. Requires the IGC to deposit vendor license application fees in the sports wagering fund. Requires the IGC to deposit sports wagering service provider license application fees in the sports wagering fund. Sets forth duties for the IGC concerning: (1) sports wagering; and (2) granting certain gambling licenses. Requires the IGC to adopt administrative rules. Specifies that the IGC may act upon information received from a sports governing body in considering requests to prohibit wagering on particular events or to prohibit making wagers of a particular type. Establishes a sports wagering service provider license. Provides that certain items must be acquired from a person that holds a supplier's license or a sports wagering service provider license. Provides that certain services must be obtained from a person holding a sports wagering service provider license. Specifies that required background checks apply to employees engaged in activities related to sports wagering. Specifies permissible sports wagering wagers. Prohibits wagering on e-sports. Provides the process for withholding delinquent child support from sports wagering winnings. Imposes a sports wagering tax of 9.5% on adjusted gross receipts received from sports wagering. Requires 3.33% of the tax revenue received to be deposited in the addiction services fund. Provides that the Gary riverboat may transfer to an inland location if the licensed owner: (1) submits a request to relocate; and (2) pays a $20,000,000 fee. Caps the maximum number of gambling games that may be offered at a Gary casino. Requires the licensed owner of the relocated Gary casino to pay an additional fee of $20,000,000 if: (1) gaming operations are relocated; and (2) the licensed owner sells or transfers the owner's interest in the owner's license within five years of relocation. Requires the licensed owner of the relocated Gary casino to: (1) offer each employee at the riverboat a similar position at the inland casino; and (2) consider hiring and training individuals laid off from the riverboat in East Chicago before considering other applicants. Provides that if a request to relocate the Gary riverboat is submitted, the IGC shall accept applications and proposals to award an owner's license to operate an inland casino in Vigo County. Requires a license fee for the owner's license to operate in Vigo County in the amount of $5,000,000. Requires the fee for the Vigo County casino license to be deposited in the state general fund. Requires a licensed owner conducting gaming operations in Vigo County to make certain payments to the City of Evansville. Provides that a person may not have an ownership interest in more than six of any combination of: (1) riverboat licenses; and (2) gambling game licenses. Reduces the graduated wagering tax on gambling games at racinos and the wagering tax on gambling games at riverboats. Provides that beginning with state fiscal years after June 30, 2021, a licensed owner or racino may not deduct more than $9,000,000 from adjusted gross receipts from wagering on gambling games. Distributes wagering tax revenue from a riverboat located in a historic hotel district to the West Baden Springs historic hotel preservation and maintenance fund beginning in 2021. Provides that wagering taxes for the Gary relocated casino continue to be imposed as if two riverboats were in operation for four years. Provides that East Chicago, Hammond, and Michigan City may receive supplemental payments from wagering tax distributions that would otherwise be paid to Gary if certain conditions are met. Provides that the IGC shall approve wagering on table games at a racino beginning January 1, 2020. Makes technical corrections and other changes to conform with recent changes to the riverboat law. |
| | Current Status: | 5/8/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/30/2019 - Signed by the President of the Senate
4/29/2019 - Signed by the President Pro Tempore
|
| |
| HB1086 | LOCAL LICENSING AND PERMITTING. (PRESSEL J) Provides that if a political subdivision requires a person to post a surety bond as a condition that the political subdivision issue a license or permit to the person, a surety bond posted by the person is considered sufficient if the following are satisfied: (1) The bond is written by a surety company authorized to transact business in Indiana. (2) The obligation on the bond is for an amount that is at least the amount required by the political subdivision for the issuance of the particular license or permit. (3) The obligee or obligees named on the bond are any of the following: (A) The political subdivision that requires the bond. (B) Specifically named political subdivisions in the county that include the name of the political subdivision that requires the bond. (C) All political subdivisions in the county in which the political subdivision that requires the bond is located. (D) All political subdivisions of the same kind as the political subdivision that requires the bond located in the county. (4) The conditions of the bond otherwise comply with the requirements of the ordinance that imposes the bond condition. Provides that a political subdivision may not require the obligation on a license bond to be more than $15,000. Provides that a person required to post a bond satisfies the posting requirement if the person files a copy of the bond with the political subdivision or appropriate agency of the political subdivision that requires the bond. Provides that a political subdivision may not require that the person record the license bond. |
| | Current Status: | 4/29/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/16/2019 - Signed by the Speaker
4/15/2019 - House concurred in Senate amendments; Roll Call 525: yeas 77, nays 12
|
| |
| HB1116 | VARIOUS LOCAL GOVERNMENT MATTERS. (KARICKHOFF M) Allows the governing body of a state or local government agency to discuss in an executive session strategy regarding a real estate transaction by the governing body. Allows the fiscal officer of a political subdivision to appropriate funds received from any private entity or individual for the purpose of repairing or replacing damaged property. (Current law allows only appropriation of funds from an insurance company.) Eliminates political party affiliation requirements for members of a utility service board or storm water management board. Allows a political subdivision to receive electronic bids for public work projects that exceed a certain amount, if the bid solicitation states the procedure for transmitting the electronic bid and the means of transmission protects the bid contents. Requires a political subdivision that receives electronic bids to provide electronic access to the notice of the bid solicitation through the computer gateway administered by the state office of technology in addition to newspaper publication. Provides that a hazardous tract of land containing a building that is not an unsafe building constitutes an unsafe premises and is subject to the unsafe building law. Specifies the procedure for notice by publication under the unsafe building law. Eliminates the requirement that a negotiable note for a public work project or eligible efficiency project be repaid by a political subdivision on January 1 and July 1 of each year of the note's term. Allows a drainage board to send written invitations for bids for construction work by electronic means. Resolves conflicts with HEA 1019-2019 and HEA 1115-2019. |
| | Current Status: | 5/1/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/22/2019 - Signed by the Speaker
4/18/2019 - House concurred in Senate amendments; Roll Call 565: yeas 87, nays 0
|
| |
| HB1123 | TELEPHONE SOLICITATION. (ELLINGTON J) Adds to the list of telephone calls that are exempt from the "do not call" statute any telephone call made to a consumer by a caller that: (1) is: (A) a communications service provider that offers broadband internet service; or (B) a financial institution or a person licensed by the department of financial institutions to engage in first lien mortgage transactions or consumer credit transactions; and (2) has an established business relationship with the consumer. Requires the consumer protection division of the attorney general's office (division) to notify Indiana residents of the following: (1) The prohibition under federal law against a person making any call using an: (A) automatic telephone dialing system; or (B) artificial or prerecorded voice; to any telephone number assigned to a mobile telecommunications service. (2) The prohibition under federal law against a person initiating any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior consent of the called party. (3) Information concerning the placement of a telephone number on the National Do Not Call Registry operated by the Federal Trade Commission. Allows the division to use the consumer protection division telephone solicitation fund (fund) to: (1) administer the statutes concerning: (A) the registration of telephone solicitors; and (B) the regulation of automatic dialing machines; and (2) reimburse county prosecutors for expenses incurred in extraditing violators of these and other state and federal statutes concerning telephone solicitations. (Current law provides that the fund may be used only to administer: (1) the state's "do not call" statute; (2) the federal statute concerning restrictions on the use of telephone equipment; and (3) the state statute concerning misleading or inaccurate caller identification (caller ID statute).) Provides that certain civil penalties recovered by the attorney general for violations of the statutes concerning: (1) the registration of telephone solicitors; and (2) the regulation of automatic dialing machines; shall be deposited in the fund. Defines "executive" for purposes of the "do not call" statute, and provides that an executive of a person that violates the "do not call" statute commits a separate deceptive act actionable by the division. Provides that the attorney general can collect attorney fees and costs in a civil action for a violation of the caller ID statute. Amends the definition of "seller" for purposes of the statute requiring telephone solicitors to register with the division, so that the definition includes any person making a telephone solicitation. (Current law includes only persons making specified false representations in a telephone solicitation.) Provides that all sellers that make telephone solicitations must register with the division. (Under current law, registration is required only if the seller makes a solicitation involving consideration of more than $100 and less than $50,000.) Makes technical changes to the deceptive consumer sales act concerning violations of the caller ID statute. Allows the attorney general to collect a civil penalty of not more than: (1) $10,000 for the first violation; and (2) $25,000 for each subsequent violation; of the statute regulating automatic dialing machines. Urges the legislative council to assign to the interim study committee on corrections and criminal code the task of studying the following: (1) Whether existing criminal penalties for violations of specified telephone solicitation statutes should be increased. (2) The potential effects of increasing criminal penalties for violations of the statutes on: (A) the ability of the office of the attorney general to enforce compliance with the statutes; and (B) the state's criminal justice system. (3) Reconciling state and federal laws concerning the Do Not Call registry and other telephone privacy laws. |
| | Current Status: | 5/5/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/24/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 629: yeas 97, nays 0; Rules Suspended
4/24/2019 - House Conference Committees Eligible for Action
|
| |
| HB1128 | CONSTRUCTION PERMITS. (MILLER D) Provides that a local unit may not require, as a condition precedent to granting, issuing, or approving certain permits for any Class 1 or Class 2 structures, completion of work upon which the performance bond or other surety was obtained prior to recording the secondary plat. Provides that a local unit may not require, as a condition precedent to granting, issuing, or approving a certificate of occupancy for any Class 1 or Class 2 structure, the completion of work upon which the performance bond or other surety was obtained prior to recording the secondary plat, unless required under certain state building laws or another law to meet a local unit's basic needs for public health and safety. Requires a local governmental agency to issue certain permits to a person not later than 12 business days after the person has filed a completed application and meets all required conditions, in certain instances. |
| | Current Status: | 4/29/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/2/2019 - Third reading passed; Roll Call 371: yeas 47, nays 1
4/2/2019 - House Bills on Third Reading
|
| |
| HB1136 | UNIFORM CONSUMER CREDIT CODE. (BURTON W) Makes the following changes to the Uniform Consumer Credit Code (UCCC): (1) Amends the provisions authorizing specified additional charges for consumer loans to permit a lender to contract for and receive a transaction fee for a revolving loan account that may not exceed the greater of: (A) 2% of the amount of the transaction; or (B) $10. (Current law authorizes the lender to charge a transaction fee in the lesser of these two amounts.) (2) Replaces the authorized $5 delinquency charge (subject to indexing by the department of financial institutions) for consumer credit sales and consumer loans with a nonindexed delinquency charge of: (A) $5, if installments are due every 14 days or less; (B) $25, if installments are due every 15 days or more; or (C) $25, in the case of a single installment due at least 30 days after the sale or loan is made. (3) Specifies that a creditor may not charge or collect a delinquency charge on a payment that: (A) is paid within 10 days after its scheduled due date; and (B) is otherwise a full payment of the payment due for the applicable installment period; if the only delinquency with respect to a consumer credit sale or a consumer loan is attributable to a delinquency charge for an earlier installment. Specifies that an initial pleading related to a debt collection action filed by a debt buyer must include certain information. Makes a violation a deceptive act. Urges the legislative council to assign to an interim study committee, for study during the 2019 interim, the topic of revisions to the UCCC. Sets forth issues for consideration by an interim study committee assigned this topic. |
| | Current Status: | 5/6/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/22/2019 - Signed by the Speaker
4/18/2019 - House concurred in Senate amendments; Roll Call 552: yeas 68, nays 23
|
| |
| HB1183 | TOWING SERVICES. (LEHMAN M) Amends the statute concerning the release of an abandoned motor vehicle that has been towed to a storage yard or towing facility as follows: (1) Provides that a towing service or storage yard may charge an inspection fee for inspections or retrievals from a vehicle. (2) Requires a towing service or storage yard to: (A) provide an itemized receipt upon payment; and (B) meet certain requirements as to: (i) hours of operation; and (ii) receiving and returning telephone calls. Provides that not later than three business days after towing a vehicle a towing company or storage facility must comply with certain statutes relating to abandoned vehicles for giving notice. Requires a towing company to charge reasonable fees. Requires a towing company to provide the owner or operator of a motor vehicle that is about to be towed a written and itemized estimate of all charges and services to be performed by the towing company. Requires a towing company to document and itemize certain fees related to a tow and certain towing services. Specifies certain record keeping requirements for itemized estimates issued by a towing company. Creates a new article in the Indiana Code to establish certain requirements for towing companies that engage in, or offer to engage in, the business of providing towing service in Indiana, including provisions concerning the following: (1) Emergency towing. (2) Private property towing. (3) Releasing towed motor vehicles. (4) Prohibited acts by towing companies and storage facilities. Provides that a person who violates these new provisions commits a deceptive act that is: (1) actionable under; and (2) subject to the penalties and remedies set forth in; the statute governing deceptive consumer sales. Provides that the attorney general: (1) shall receive, and may investigate, complaints alleging violations of the new provisions; and (2) after finding that a violation has occurred, may take appropriate action under the statute governing deceptive consumer sales. Authorizes the attorney general to adopt rules to implement the new provisions. |
| | Current Status: | 5/6/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/23/2019 - Signed by the Speaker
4/18/2019 - House concurred in Senate amendments; Roll Call 566: yeas 52, nays 34
|
| |
| HB1192 | THEFT BY PUBLIC SERVANTS. (LAUER R) Specifies that in the case of a public servant who criminally exerts unauthorized control over public funds of the public servant's employer, the employer may be reimbursed from the public servant's public pension fund contributions and benefits. Provides that the employer may withhold payment of the public servant's contributions and interest during the pendency of the criminal case, but may not withhold the: (1) monthly pension portion of a retired public servant; or (2) disability benefits of a public servant who becomes disabled; during that time. Provides that assets of the judges' retirement system and the prosecuting attorneys retirement fund are exempt from levy, sale, garnishment, attachment, or other legal process. (Current law provides similar exemptions for certain funds administered by the Indiana public retirement system.) |
| | Current Status: | 5/2/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/23/2019 - Signed by the Speaker
4/22/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 571: yeas 81, nays 0; Rules Suspended
|
| |
| HB1236 | ELECTRIC BICYCLES. (SOLIDAY E) Defines the term "electric bicycle" as a bicycle equipped with: (1) operable pedals; and (2) an electric motor with a power output not greater than 750 watts. Provides that an electric bicycle is not a motor vehicle. Provides that the operator of an electric bicycle is: (1) subject to all of the duties; and (2) entitled to all of the rights and privileges; of a bicycle operator. Provides that an electric bicycle shall be regulated as a bicycle. Provides certain exceptions. Exempts the operator of an electric bicycle from motor vehicle statutes concerning: (1) driver's licenses; and (2) financial responsibility. Exempts electric bicycles from motor vehicle statutes concerning: (1) certificates of title; (2) registration; and (3) off-road vehicles. Requires manufacturers and distributors of electric bicycles to affix and prominently display a label with the following information on each electric bicycle: (1) The class level of the electric bicycle. (2) The top assisted speed of the electric bicycle. (3) The total power output of the electric bicycle's electric motor. Requires all electric bicycles to comply with certain requirements adopted by the United States Consumer Product Safety Commission. Requires all electric bicycles to be equipped with an electric motor that disengages or ceases to function when the operator: (1) stops pedaling; or (2) applies brakes. Specifies where electric bicycles may be operated. Allows a local authority or state agency with jurisdiction over a trail, bicycle path, or multipurpose path to regulate the use of electric bicycles on a trail, bicycle path, or multipurpose path subject to the local authority's or state agency's jurisdiction. Prohibits a person less than 15 years of age from operating certain electric bicycles. Allows a person less than 15 years of age to ride as a passenger on certain electric bicycles. Requires a properly fitted and fastened helmet capable of meeting certain safety standards to be worn by certain individuals when operating or riding on certain electric bicycles. Requires the operator of a motor vehicle to provide at least 3 feet of clearance when passing or overtaking an electric bicycle in certain instances. Defines certain terms. Makes conforming amendments. |
| | Current Status: | 5/2/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/15/2019 - Signed by the President Pro Tempore
4/11/2019 - Signed by the Speaker
|
| |
| HB1237 | SUBSCRIPTION AUTO SALES. (SOLIDAY E) Extends the subscription program prohibition to May 1, 2020. Provides that effective July 1, 2013, a document preparation fee in excess of $200 is an unfair practice. Specifies certain disclosure requirements concerning document preparation fees. Makes conforming amendments. |
| | Current Status: | 5/5/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/15/2019 - Signed by the President Pro Tempore
4/11/2019 - Signed by the Speaker
|
| |
| HB1269 | ADMINISTRATIVE BOARDS. (GUTWEIN D) Establishes the governor's security council. Abolishes the counterterrorism and security council and transfers the council's duties to the governor's security council. Abolishes the emergency alert system advisory committee. Abolishes: (1) the boiler and pressure vessel rules board; and (2) the regulated amusement device safety board; and transfers the boards' duties to the fire prevention and building safety commission (commission). Abolishes the emergency medical commission's technical advisory committee. Provides that the department of homeland security (department) may grant waivers to: (1) certain rules adopted by the Indiana emergency medical services commission; and (2) rules adopted by the board of firefighting personnel standards and education. Makes the following changes to the process for obtaining a variance to fire safety, building, and equipment rules: (1) Provides that the department and the commission may grant variances to rules adopted by the commission. (2) Provides that the department shall make each application for a variance available for review on a public portal. (3) Provides that local fire and building officials shall receive notice of variance applications filed within their respective jurisdictions. (4) Provides that a local fire official, local building official, or other interested party may submit documentation regarding a variance application to the department or the commission for review and consideration prior to an initial determination being made on the application by the department or the commission. (5) Provides that the department or commission shall wait at least five business days after a variance application is filed before making an initial determination on the application. (6) Provides that the commission may adopt emergency rules to implement the bill's changes to the variance application process. Provides that the department may engage in studies and consult with any person to implement fire safety, building, and equipment laws and rules, and that the commission may consult with industry experts or call a special meeting to discuss boiler and pressure vessels or regulated amusement devices. Requires the state building commissioner to create a data base cataloging variance rulings. (Current law allows the commissioner to create the data base.) Abolishes the Indiana dietitians certification board and transfers the board's duties to the medical licensing board of Indiana. Provides that members appointed to boards staffed by the professional licensing agency: (1) have four year term limits; (2) may serve multiple terms; (3) in certain instances, may not have more than two members from the same congressional district; (4) serve at the pleasure of the governor; and (5) must be removed under certain circumstances. Restructures the membership of the following boards: (1) Indiana board of accountancy. (2) Board of registration for architects and landscape architects. (3) Indiana athletic trainers board. (4) Indiana auctioneer commission. (5) Board of chiropractic examiners. (6) State board of funeral and cemetery service. (7) Indiana state board of health facility administrators. (8) Home inspectors licensing board. (9) State board of registration for professional surveyors. (10) State board of massage therapy. (11) Midwifery committee. (12) Behavioral health and human services licensing board. (13) Manufactured home installer licensing board. (14) Indiana optometry board. (15) Indiana plumbing commission. (16) Board of podiatric medicine. (17) Private investigator and security guard licensing board. (18) State psychology board. (19) Real estate appraiser licensure and certification board. (20) Speech-language pathology and audiology board. Amends professional experience qualifications for appointment of registered architects and registered landscape architects to the board of registration for architects and landscape architects to provide that the professional experience qualifications are preferences rather than requirements. Provides that to the extent possible, the governor shall appoint to the state board of registration for professional engineers individuals who serve or have served in diverse areas of professional practice. Makes technical changes. |
| | Current Status: | 5/5/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/11/2019 - Signed by the Speaker
4/10/2019 - House concurred in Senate amendments; Roll Call 462: yeas 86, nays 7
|
| |
| HB1278 | ENVIRONMENTAL MATTERS. (WOLKINS D) Establishes the 15 member 21st century energy policy development task force (task force). Requires the task force to: (1) examine and evaluate specified aspects of the state's policies concerning electric generation portfolios; (2) develop recommendations for the general assembly and the governor concerning any identified challenges with respect to Indiana's electric generation portfolios; and (3) issue a report setting forth the task force's recommendations not later than December 1, 2020. Requires the utility regulatory commission (IURC), before July 1, 2020, to conduct a comprehensive study of the statewide impacts of: (1) transitions in the fuel sources and other resources used to generate electricity by electric utilities; and (2) new and emerging technologies for the generation of electricity; on electric generation capacity, system reliability, system resilience, and the cost of electric utility service. Requires the IURC to provide a final report on its study to the governor, the legislative council, and the 21st century energy policy development task force not later than July 1, 2020. Replaces the term "wastewater management vehicle" with the term "septage management vehicle". Changes the membership of the environmental rules board (board) by adding one representative of the residential or commercial construction industry and removing the state health commissioner as an ex officio member. Requires certain reports concerning public water systems to be submitted to the department of environmental management (IDEM) electronically. Eliminates record keeping requirements relating to solid waste transported outside Indiana for final disposal. Revises the law concerning the assessment of the state solid waste management fee. Changes the deadline for IDEM's annual assessment of hazardous waste annual operation fees. Provides that the administrator of the underground petroleum storage tank excess liability trust fund (ELTF) is required, not more than 45 business days after a claim on the ELTF is submitted, to: (1) approve the claim; (2) notify the claimant that a correction, a clarification, or additional information is needed; or (3) deny the claim. Provides that IDEM, rather than the board, is to deposit solid waste fees in the waste facility operator trust fund. Provides for IDEM to receive payment of solid waste fees by electronic fund transfer. Authorizes the board to adopt rules that increase the amounts of environmental fees. Requires the board, in changing the amount of a fee, to take into account the cost to IDEM of amendments, modifications, and renewals of a permit, license, or approval. Provides that a fee established by the board for a type or class of permit: (1) may be set at a particular amount in consideration of the type and amount of discharge or emission to which the permit relates; and (2) may not be different in amount for public sector permit holders than for private sector permit holders unless the difference is specifically authorized by law. Requires IDEM to arrange for an independent study of certain IDEM costs and to develop other information relevant to fees. Provides that all fee amounts set forth numerically in Title 13 of the Indiana Code are minimum amounts and that the board may increase the amount of a fee even though the minimum amount of the fee is set forth numerically in Title 13. Provides that the board may not increase an environmental fee: (1) more than once in five years; or (2) by more than 10%. Requires the board to adopt rules to implement a one-time increase in fees before January 1, 2022, and provides that: (1) the pre-2022 increase in the confined feeding operation, NPDES, safe drinking water act, solid waste, and hazardous waste program fees must be calculated to cause an increase in annual aggregate fee revenue of $3,200,000; and (2) the pre-2022 increase in the air pollution control program fees must be calculated to cause an increase in annual aggregate fee revenue of $2,000,000. |
| | Current Status: | 5/5/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/24/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 650: yeas 85, nays 8; Rules Suspended
4/24/2019 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 618: yeas 49, nays 0; Rules Suspended
|
| |
| HB1330 | DISPOSAL OF ABANDONED OR DERELICT AIRCRAFT. (SPEEDY M) Specifies that a "person" includes a political subdivision for purposes of the statute concerning liens for the repair, storage, servicing, or furnishing of supplies for certain motor vehicles, airplanes, machinery, and equipment. Establishes a procedure for the disposal and removal of an abandoned aircraft or a derelict aircraft from the premises of: (1) a public-use airport; or (2) a fixed-base operator at a public-use airport. |
| | Current Status: | 5/1/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/18/2019 - Signed by the Speaker
4/16/2019 - House concurred in Senate amendments; Roll Call 538: yeas 80, nays 12
|
| |
| HB1347 | MUNICIPALLY OWNED UTILITIES. (BURTON W) Provides that all rates, charges, and other fees for services rendered by a municipally owned utility (other than services rendered by a municipally owned sewer utility or by a department of public utilities for a consolidated city) to property occupied by someone other than the owner are payable by the person occupying the property if the account or other customer or billing records maintained by the utility for the property indicate that: (1) the property is occupied by someone other than the owner; and (2) the person occupying the property is responsible for paying the rates, charges, and fees. Provides that upon applying for utility service from a municipally owned utility, the person occupying the property shall provide the utility with the name and contact information of the owner or manager of the property. Provides that rates, charges, and fees assessed by a municipally owned utility with respect to property occupied by someone other than the owner do not constitute a lien against the property. Specifies that these provisions do not: (1) prohibit a municipal legislative body from imposing any requirement to: (A) ensure payment by; or (B) the creditworthiness of; the person occupying the property; or (2) abrogate or limit the authority of the owner of a multi-unit building to engage in electrical submetering. |
| | Current Status: | 4/25/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/24/2019 - Signed by the President of the Senate
4/15/2019 - Signed by the President Pro Tempore
|
| |
| HB1362 | PEER TO PEER VEHICLE SHARING. (EBERHART S) Defines peer to peer vehicle sharing. Provides requirements for a peer to peer (P2P) vehicle sharing program. Provides that a shared vehicle may not be shared on a peer to peer vehicle program if any safety recalls have not been repaired. Provides insurance requirements for a shared vehicle if the vehicle will be shared on a peer to peer vehicle sharing program. Provides that a P2P vehicle sharing program is responsible for maintaining liability insurance coverage during the car sharing period for a vehicle shared through the P2P vehicle sharing program. Provides that a P2P vehicle sharing program shall assume liability of a shared vehicle owner for any bodily injury or property damage to third parties or uninsured and underinsured motorist losses during the car sharing period in an amount stated in the car sharing agreement, which may not be less than the minimum amount set forth in the financial responsibility statute. Provides that the bureau of motor vehicles may not suspend the driving privileges of a shared vehicle owner for failure to submit proof of financial responsibility at the time an accident occurred if the vehicle was shared through a peer to peer vehicle sharing program at the time the accident occurred. Provides that a political subdivision may not enact or enforce an ordinance, resolution, policy, or rule to regulate peer to peer vehicle sharing. Allows the board of an airport authority or a board of aviation commissioners to enact or enforce an ordinance, resolution, policy, or rule regulating P2P vehicle sharing. |
| | Current Status: | 5/5/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/23/2019 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 586: yeas 48, nays 0; Rules Suspended
4/23/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 605: yeas 90, nays 0; Rules Suspended
|
| |
| HB1375 | STATE BOARD OF ACCOUNTS. (LEHMAN M) Makes various changes to statutes concerning the state board of accounts (board). Provides that an examination of an entity shall be limited to matters relevant to the use of public money received by the entity. Relocates language addressing examinations of certain not-for-profit corporations. Provides that an examination of a not-for-profit corporation that derives at least 50% but less than $750,000 (rather than $200,000, under current law) of its disbursements from appropriations, public funds, taxes, and other sources of public expense shall be limited to matters relevant to the use of the public money received by the entity. Provides that an individual may confidentially report suspected malfeasance, misfeasance, or nonfeasance that involves an individual who has responsibility for administering public funds on behalf of an entity. Expands the list of individuals to whom the board may disclose examination workpapers and investigation records. Makes changes to the procedure governing the payment of delinquent property taxes and specifies how delinquent property tax payments are to be applied. Eliminates a requirement that the county auditor transmit a monthly financial report to the board. Authorizes a county fiscal body to establish a salary schedule that includes greater compensation for the presiding officer or secretary of the county fiscal body or county executive if certain conditions are satisfied. Defines "compensation" for purposes of statutes concerning compensation paid to elected county, city, town, and township officials (local elected officials). Provides that certain information must be included in an ordinance establishing compensation for local elected officials. Makes corresponding changes. Renames the board trust and agency fund the examinations fund. Annually appropriates money in the fund for the payment of the board's expenses for examinations. Provides that money in the fund does not revert to the state general fund. Requires that the board certify the expense incurred for an examination as needed. |
| | Current Status: | 5/2/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/15/2019 - Signed by the President Pro Tempore
4/11/2019 - Signed by the Speaker
|
| |
| HB1405 | TAXATION OF DATA CENTERS. (SOLIDAY E) Provides that a county or municipal fiscal body may designate an area in which a property tax exemption will be provided for certain enterprise information technology equipment. Provides a state sales and use tax exemption (exemption) for the purchase of certain data center equipment that is located in a data center that results in a minimum qualified investment within five years, ranging from at least $25,000,000 to more than $150,000,000 depending on the population of the county in which the data center is located. Provides that costs that meet the requirement are exempt from the state gross retail tax. Requires a qualified data center user to apply to the Indiana economic development corporation (IEDC) for a specific transaction award certificate (award certificate). Requires a qualified data center user to enter into an agreement with the IEDC as a condition of receiving an award certificate. |
| | Current Status: | 5/5/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/23/2019 - Signed by the Speaker
4/18/2019 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 544: yeas 44, nays 0
|
| |
| HB1406 | WATER INFRASTRUCTURE ASSISTANCE FUND AND PROGRAM. (SOLIDAY E) Provides that money from certain sources in the water infrastructure assistance fund (fund) is continuously appropriated for the purposes of the law concerning the water infrastructure assistance program. Authorizes the authority to establish: (1) the interest rate; or (2) parameters for establishing the interest rate; on each loan made from the fund. Provides that a participant, to receive a loan, grant, or other financial assistance from the fund: (1) must have an asset management program; and (2) must demonstrate to the authority that it has a plan to participate with one or more other participants in cooperative activities. Provides that a participant, after receiving a loan or grant from the fund, must maintain its asset management program: (1) as long as the loan remains unpaid; or (2) during the useful life of the asset financed with the loan or grant. Requires a participant, if appropriate, to conduct or participate in efforts to determine and eliminate the causes of non-revenue water in its water distribution system. Requires the authority to establish a project prioritization system and project priority list for the purposes of awarding loans and grants from the fund. Requires the authority to set aside 40% of the fund for purposes of providing grants, loans, and other financial assistance to or for the benefit of utilities serving less than 3,200 customers. Authorizes the authority to provide advisory services to participants in connection with loans from the fund. Provides that, if appropriate, the authority shall require a participant receiving a loan or other financial assistance from the fund to establish and maintain sufficient user charges, fees, taxes, special assessments, or revenues to: (1) operate and maintain; and (2) pay the obligations of; its water or wastewater collection and treatment system. Authorizes the authority to make loans or provide other financial assistance from the fund to or for the benefit of a participant to establish guaranties, reserves, or sinking funds or for other purposes. Authorizes the authority, as an alternative to making loans or providing other financial assistance to participants, to use the money in the fund to provide a leveraged loan program and other financial assistance programs to or for the benefit of participants. |
| | Current Status: | 4/18/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/17/2019 - Signed by the President of the Senate
3/28/2019 - Returned to the House without amendments
|
| |
| HB1427 | LOCAL GOVERNMENT MATTERS. (LEONARD D) Provides that, if a political subdivision publishes or submits to the department of local government finance's (DLGF) computer gateway a notice that contains an error or omission that inaccurately reflects the tax rate, tax levy, or budget actually proposed or fixed by the political subdivision by an amount that is less than 0.1%, the notice is a valid notice and the DLGF shall correct the error or omission. Provides that the state board of accounts, instead of the budget agency, is to approve audits for regional development authorities and allows for private examiners to perform audits. Excludes political subdivisions that do not have the power to impose property taxes from the requirement to upload a digital copy of certain contracts on the Indiana transparency Internet web site. Specifies the deadlines for county auditors to submit property tax settlement and distribution information to the DLGF. Repeals the electronic digital signature act. Specifies the calculation of the acquisition cost of depreciable personal property acquired in like kind exchange for personal property tax purposes. Removes the provision in current law that requires the DLGF to be a party to any contract in which a county assessor employs professional appraisers as technical advisers for assessments. Provides that the standard contract to employ professional appraisers is void if: (1) the appraiser is not certified at the time the contract is executed; or (2) the DLGF subsequently revokes the appraiser's certification. Eliminates the permissive written demand to a county resident who is delinquent in the payment of personal property taxes during the period from May 10 to October 31. Changes the time period from at least 21 to 30 days for the county treasurer's notice of the sale of a mobile home. Makes the filing deadlines for property tax deductions applicable to mobile homes and manufactured homes that are not assessed as real property the same as the filing deadlines for property tax deductions applicable to real property. Amends the definition of "owner" (for purposes of the property tax statutes) to delete the provision specifying that an owner of tangible property includes the holder of a tenancy for a term of years. Requires county auditors to submit data on deductions applicable to the current tax year to the homestead property data base on or before March 15 of each year, in a manner prescribed by the DLGF. Specifies that if a penalty is imposed on a taxpayer for failing to declare on the taxpayer's tax return that the taxpayer is entitled to the exemption for business personal property, the county shall include the penalty on a property tax bill associated with the tax district in which the majority value of the taxpayer's business personal property within the county is located. Eliminates (effective retroactive to July 1, 2017) several property tax deduction and credit reapplication requirements that were added by HEA 1450-2017 concerning unmarried taxpayers who married, married taxpayers who divorced, and taxpayers who came to own their property jointly or as tenants in common with another individual. Provides that a person seeking a property tax exemption for property used for a charitable purpose may file an exemption application up to 30 days following the statutory deadline for the exemption application if the person pays a late filing fee. Makes changes to the time frame for the board of tax review to conduct a hearing and issue a determination. Requires that the budget notice that political subdivisions must publish on the DLGF's computer gateway must also include information concerning the percentage change between the current and proposed tax levies of each fund. Specifies that a political subdivision shall file the budget adopted by the political subdivision with the DLGF not later than five business days after the budget is adopted. Authorizes the DLGF to adopt rules for procedures related to local government budgeting. Specifies that the adoption, amendment, or repeal of such a rule by the DLGF may not take effect before March 1 or after July 31 of a particular year. Requires a political subdivision to adopt the needed changes to its budget, tax levy, or rate in a public meeting if the political subdivision's tax levy is increased by the DLGF to an amount that exceeds the amount originally advertised or adopted by the political subdivision. Provides for an extension of time to submit a city's budget in the case of a veto after October 1. Provides that Highland Township in Greene County may increase its maximum township property tax levy for 2020 and thereafter. Provides that Taylor Township in Greene County may increase its maximum township property tax levy and its maximum fire protection and emergency services property tax levy for 2020 and thereafter. Allows Green Township in Hancock County to increase its maximum levy for the township's general fund to offset the reduction in the maximum levy that occurred beginning in 2003 that was based on the township's actual levy (levy banked amount). Requires the DLGF to increase the North Harrison fire protection territory provider unit's maximum permissible ad valorem property tax levy for purposes of IC 36-8-19 for property taxes due and payable in 2020 if a petition requesting an increase is filed. Provides that a civil taxing unit may not request permission to impose a property tax on account of revenue shortfalls, if the revenue shortfall preceded the most recent certified budget for the civil taxing unit by more than five years. Requires a statement in the county treasurer's notice of intention to sell mobile homes that the county treasurer will apply for a court judgment against the mobile homes for an amount that is set by the county executive and that includes collection expenses. Provides that whenever no bid is received on a mobile home, the taxpayer who is delinquent in the payment of taxes causing the tax sale maintains ownership of the mobile home and liability for the delinquent taxes. Repeals the statute providing for a county board of tax adjustment. Repeals provisions related to the county board of tax adjustment and the local budgeting process. Specifies that: (1) rules adopted by the DLGF for the appraisal of real property may not apply to any appraisal contemporaneously being conducted under a county's reassessment plan; and (2) rules adopted by the DLGF may first apply to the reassessment phase beginning in the following calendar year under a county's reassessment plan. Requires a county that enters into a contract for computer software and with a software provider to upload the contract to the Indiana transparency Internet web site. Specifies that for purposes of attributing the amount of a property tax deduction or exemption to the gross assessed value of a property: (1) a deduction or exemption that is specific to an improvement shall be applied only to the assessed value allocation pertaining to that improvement; and (2) to the extent that a deduction or exemption is not specific to an improvement, the deduction or exemption shall be applied in the order that will maximize the benefit of the deduction or exemption to the taxpayer. Provides that the county executive (instead of the DLGF) may cancel any property taxes assessed against real property owned by a county, township, city, town, or body corporate and politic under certain circumstances. Removes local income tax economic development |
| | Current Status: | 5/5/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/24/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 656: yeas 91, nays 6; Rules Suspended
4/24/2019 - House Conference Committees Eligible for Action
|
| |
| HB1440 | LOAN BROKERS. (HEATON R) Reorganizes current provisions regulating loan brokers and moves the reorganized provisions to a new article, including: (1) the loan broker regulation account; (2) licensure and notice requirements; (3) education and examination requirements for licensure; (4) requirements for loan broker offices, personnel, and conduct of business; and (5) violations and enforcement. Makes conforming amendments. Repeals the current law regulating loan brokers. |
| | Current Status: | 5/1/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 3/28/2019 - Signed by the Speaker
3/25/2019 - Returned to the House without amendments
|
| |
| HB1447 | FINANCIAL INSTITUTIONS AND CONSUMER CREDIT. (BURTON W) Makes various changes to the statutes concerning: (1) first lien mortgage lenders; (2) persons licensed under the Uniform Consumer Credit Code (UCCC); (3) rental purchase agreements; (4) debt management companies; (5) banks; (6) credit unions; (7) pawnbrokers; and (8) money transmitters. Repeals a provision in the statute concerning rental purchase agreements that specifies that any up-front payment made by the lessee: (1) must be treated as an initial rental payment; (2) is subject to the disclosure requirements under the statute; and (3) may be in a sum larger than a regular rental payment. Prohibits leasing of, and rental purchase agreements involving, live domestic animals. Repeals a provision in the UCCC that provides that civil proceeding advance payment transactions (CPAP transactions) are subject to the UCCC. Strikes all provisions concerning CPAP transactions from the UCCC. Repeals provisions in the UCCC that define certain terms relating to CPAP transactions. Moves language in the UCCC applicable to the licensing of civil proceeding advance payment providers to the existing statute concerning civil proceeding advance payments and makes conforming amendments. |
| | Current Status: | 5/1/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/16/2019 - Signed by the Speaker
4/15/2019 - House concurred in Senate amendments; Roll Call 531: yeas 78, nays 14
|
| |
| HB1473 | INDIANA BOND BANK. (STEUERWALD G) Allows the Indiana bond bank to require certain entities to establish separate reserve accounts as additional security in connection with the issuance of bonds or notes. Allows and establishes terms and procedures for certain entities to assign or otherwise transfer a future stream of revenue to the Indiana bond bank or certain other entities to obtain funding. Establishes conditions under which the state board of finance may sell, transfer, or liquidate agreements that evidence the state's right to make deductions from state tuition support to pay advances from the common school fund under the school corporation and charter school safety advance program.
Provides that the state board of education must report to the budget committee each year on any defaults on the repayment of advances from the common school fund by charter schools that have closed or otherwise ceased operations. Requires the department of local government finance to notify the Lake County auditor of the estimated and certified tax revenue that will be withheld from revenue allocated for economic development purposes for certain civil taxing units and distributed to the secretary-treasurer of the northwest Indiana regional development authority (authority). Requires the auditor of state to withhold local income tax revenue from the revenue allocated for economic development purposes for certain civil taxing units in Lake County and distribute it to the secretary-treasurer of the authority. Provides for distribution of certain amounts collected by the authority if a full funding grant agreement is not entered into for the West Lake corridor project. |
| | Current Status: | 5/5/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/18/2019 - Signed by the Speaker
4/16/2019 - House concurred in Senate amendments; Roll Call 539: yeas 92, nays 0
|
| |
| HB1482 | DEALER SERVICES. (SULLIVAN H) Provides that a broker is not defined as a lead generation or other marketing service except in certain instances. Defines "dealer owner" for a business entity. Moves certain provisions providing temporary license plates and dealer plates to the dealer services law. Removes the requirement that a person must be licensed by the secretary of state before the person may possess for more than 30 days more than two inoperable motor vehicles. Provides that an automotive salvage recycler must be licensed by the secretary of state before the automotive salvage recycler may do certain activities. Requires that an automotive salvage recycler must report a purchase of a motor vehicle to the National Motor Vehicle Title Information System within 72 hours. (Current law requires 30 days.) Requires an automotive salvage recycler to allow the secretary of state, a police officer, or an agent of the secretary of state to inspect a certificate of authority. Changes the composition of the motor vehicle sales advisory board (board). Allows the board members to be reappointed. Requires that a zoning affidavit or statement be signed not more than 90 days before the affidavit or statement is submitted to the secretary of state as part of an application for various permits and licenses. Requires a dealer to submit an application for approval of a change to a dealer manager. Removes the provision providing for a manufacturer or distributor to recover costs under a uniform warranty reimbursement policy in certain instances. Requires a copy of a contract between a manufacturer or distributor and a franchisee be provided to the secretary of state. (Current law requires that the copy be submitted to the bureau of motor vehicles.) Makes conforming changes. Makes technical changes. |
| | Current Status: | 5/6/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/23/2019 - Signed by the Speaker
4/18/2019 - House concurred in Senate amendments; Roll Call 567: yeas 74, nays 13
|
| |
| HB1487 | BUSINESS SERVICES OF THE SECRETARY OF STATE. (CARBAUGH M) Amends the law concerning the business practices of the secretary of state, including: (1) access to information maintained by the secretary of state; (2) use of electronic information and transmissions; (3) striking the current Uniform Commercial Code (UCC) financing statement form; adding use of a format that meets certain criteria for the filings; and amending the UCC fees; (4) adding to the requirement to include a notary public's Indiana county on an authentication certificate; (5) amending requirements concerning notary public examination and education; (6) prohibiting performance of a notarial act: (a) to benefit oneself or one's spouse; or (b) when a commission is suspended or revoked; (7) specifying a notarial act fee applies; (8) providing for issuance of a certificate of fact for a notary public per signature; (9) requiring maintenance of a remote notary public electronic journal for 10 years; and (10) providing for nonresident corporate service of process on the secretary of state. Repeals current law concerning excavation contractor filings and precontracting documentation of compliance with underground facility damage law. Requires the formatting of certain documents to be approved by the International Association of Commercial Administrators or the secretary of state. Specifies October 1, 2019, as the date for a fee increase concerning the indexing of certain documents. Makes the law concerning remote notarial acts applicable only to a remote notarial act performed after the earlier of the effective date of certain administrative rules or July 1, 2020. Increases the fee that a notary public may charge for a remote notarial act from $15 to $25. Provides that, for certain filings, the provision of an electronic mail address is discretionary. Makes a technical amendment and conforming changes. |
| | Current Status: | 5/1/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/15/2019 - Signed by the President Pro Tempore
4/11/2019 - Signed by the Speaker
|
| |
| HB1506 | BUREAU OF MOTOR VEHICLES. (SOLIDAY E) Provides that if one or more of the following taxes have not been paid for one or more preceding years, the bureau of motor vehicles may collect only the tax for the year immediately preceding the current registration year, the current registration year, and the year immediately following the current registration year: (1) The county vehicle excise tax. (2) The county wheel tax. (3) The municipal vehicle excise tax. (4) The municipal wheel tax. (5) The motor vehicle excise tax. (6) The recreational vehicle excise tax. (7) The commercial vehicle excise tax. (8) The boat excise tax. Specifies to which vehicles a county vehicle excise tax, county wheel tax, municipal vehicle excise tax, and municipal wheel tax apply. Provides that an owner who has paid a surtax or wheel tax and moves out of state may be entitled to a refund. Specifies the minimum and maximum vehicle registration periods for a vehicle with an: (1) expired; and (2) unexpired; registration. Requires that all copies of all ordinances that impose, rescind, or change the rate or amount of a surtax or wheel tax be submitted in a manner prescribed by the bureau of motor vehicles (bureau). Provides that the maximum design speed for a low speed vehicle is 25 miles per hour. (Current law provides for 35 miles per hour.) Provides that, in certain instances, off-road vehicles and snowmobiles need to be registered. Provides that, during the registration or registration renewal process, the bureau may provide information concerning a manufacturer issued motor vehicle safety recall to the registered owner of a motor vehicle subject to an ongoing recall. Specifies that the bureau may not charge a fee for providing information concerning an ongoing, manufacturer issued safety recall. Provides that: (1) the bureau; (2) the commissioner of the bureau; (3) employees of the bureau; and (4) third party vendors responsible for providing the bureau with manufacturer issued safety recall information; are immune from civil liability for any act or omission related to the bureau providing safety recall information. Provides that a person may transfer a plate from a wrecked or destroyed vehicle to a vehicle acquired or owned by the person. Removes the provisions providing for a probationary period for independent colleges under the special group recognition license plate program. Provides that the Indiana department of transportation must review plans for general vehicle platoon operations. (Current law provides that the commissioner of the bureau must review plans). Specifies that an individual who is 75 years of age or older may renew an operator's, chauffeur's, or public passenger chauffeur's license by mail or electronic service if the individual provides proof of an eyesight examination with the renewal application. Establishes distribution by percentage of fees paid for reinstatement of driving privileges. Specifies that a court may waive part or all of a reinstatement fee for driving privileges. Removes the requirement that an emergency contact for the purposes of the emergency contact data base must hold a valid credential. Requires an individual seeking a license to be a driver education instructor to be currently employed or have an employment offer from a licensed driver training school. Requires a rider coach trainer to meet standards established by the bureau for instructors in motorcycle safety and education. (Current law requires that the standards be equivalent to or more stringent than those established by the Motorcycle Safety Foundation.) Requires an applicant from a foreign country that has a reciprocity agreement with the bureau for obtaining an operator's license to possess a valid driver's license for the type of vehicle being operated or the equivalent from the foreign country. (Current law also allows the applicant to possess an international driving permit.) Specifies that the court may grant driving privileges to an individual whose driving privileges have been suspended for life: (1) for a specified period of time; and (2) subject to certain conditions. Requires an individual who has been granted driving privileges through a court order after the individual's driving privileges have been suspended for life to possess the order when operating a vehicle or produce the order upon request of a police officer. Provides that the bureau of motor vehicles may waive certain testing requirements for an applicant seeking a learner's permit or a driver's license in certain instances. Provides that the bureau of motor vehicles (BMV) may develop a system to issue mobile credentials. Provides that the BMV may issue, upon request of an applicant, a mobile credential when the applicant satisfies the requirements for application for an identification card or various licenses and permits. Provides the BMV with rulemaking authority to implement the mobile credential system. Defines mobile credential. Eliminates both the department of natural resources fee and the lake and river enhancement fee. Sets out the registration and renewal fees for motorboats. Makes conforming changes. |
| | Current Status: | 5/1/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/24/2019 - Signed by the Speaker
4/17/2019 - House concurred in Senate amendments; Roll Call 548: yeas 88, nays 4
|
| |
| HB1569 | PROFESSIONAL LICENSING MATTERS. (ZENT D) Provides for an annual renewal process for appraisal management companies. Changes the designation of certified dietician to licensed dietician. Allows for a hearing aid dealer in training to fit or dispense hearing aids while under the supervision and direction of an individual who holds a temporary or valid hearing aid dealer certificate of registration. Defines a conviction of concern. Amends a provision concerning the way a conviction for a crime of concern affects an individual with a professional license or certification. Removes a provision that requires a dental hygienist to obtain and maintain a national provider identifier number. Allows for the state board of dentistry (board) to issue dental residency permits and dental faculty licenses. (Current law allows for the board to issue limited dental residency permits and limited faculty licenses.) Removes a provision that prohibits an Indiana dental school from having more than 10% of its full-time faculty licensed with an instructor's license. Makes various changes to provisions concerning how a conviction for a crime of concern affects an individual with a professional license or certification. |
| | Current Status: | 4/24/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/23/2019 - Signed by the President of the Senate
4/18/2019 - Signed by the Speaker
|
| |
| HB1588 | INSURANCE MATTERS. (CARBAUGH M) Requires a pharmacy benefit manager doing business in Indiana to, at least every seven days, update and make available to pharmacies maximum allowable cost list information. Repeals the law providing for availability of high risk property coverage under the federal Urban Property Protection and Reinsurance Act of 1968. Exempts flood insurance policies from the kinds of policies under which mine subsidence coverage must be made available. Repeals the law concerning the small employer voluntary reinsurance program. Urges the legislative council to assign to an interim study committee the topic of regulation and practice of pharmacy benefit managers for study and recommendations during the 2019 interim of the general assembly. Makes conforming amendments. |
| | Current Status: | 5/6/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/24/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 633: yeas 97, nays 0; Rules Suspended
4/24/2019 - House Conference Committees Eligible for Action
|
| |
| HB1600 | STUDY COMMITTEE ON PROTECTION OF SENIOR CITIZENS. (WRIGHT M) Urges the legislative council to assign to an appropriate interim study committee the task of studying certain issues concerning elder care. |
| | Current Status: | 4/18/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/17/2019 - Signed by the President of the Senate
4/2/2019 - Returned to the House without amendments
|
| |
| HB1613 | TRANSFER OF STATE REAL PROPERTY. (HATFIELD R) Requires the conveyance of certain real property by the state to the University of Evansville to remove restrictions on use of the property by the university that were required by legislation enacted in 1988 and 1997. |
| | Current Status: | 4/18/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/17/2019 - Signed by the President of the Senate
3/28/2019 - Signed by the Speaker
|
| |
| HB1649 | ELECTRIC FOOT SCOOTERS. (EBERHART S) Provides that an electric foot scooter is not a motor vehicle for purposes of certain motor vehicle laws. Provides that an electric foot scooter has all rights and duties that apply to a person operating a bicycle. Exempts electric foot scooters from financial responsibility. Provides for certain equipment requirements for electric foot scooters. Allows an electric foot scooter to be parked on a sidewalk in certain instances. Prohibits an electric foot scooter from operating on an interstate highway. Provides that a local authority, with respect to private roads and highways under the authority's jurisdiction, may regulate the standing or parking of electric foot scooters. Provides that a local authority, with respect to private roads and highways under the authority's jurisdiction, may regulate the operation of electric foot scooters and require the registration and licensing of electric foot scooters. Makes conforming changes. |
| | Current Status: | 4/29/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/18/2019 - Signed by the Speaker
4/15/2019 - House concurred in Senate amendments; Roll Call 533: yeas 93, nays 0
|
| |
| HB1664 | WATER OR SEWER SERVICE FOR CONDOMINIUMS. (MANNING E) Amends existing law to provide that: (1) a landlord; (2) a condominium association; or (3) a homeowners association; that distributes water or sewage disposal service from a water or sewer utility to one or more tenants, condominium units, or homeowners association members, as applicable, is not a public utility solely by reason of engaging in this activity if the landlord or association complies with certain billing and disclosure requirements. (Current law provides this exemption from public utility status only with respect to landlords distributing water or sewer utility services to tenants.) |
| | Current Status: | 4/18/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/17/2019 - Signed by the President of the Senate
3/28/2019 - Returned to the House without amendments
|
| |
| HB1668 | USE OF SOCIAL SECURITY NUMBERS IN CREDIT FILES. (LAUER R) Requires a consumer reporting agency that uses a Social Security number as a factor in determining whether a file matches the identity of the subject of a credit inquiry to ensure that the name and at least one additional identifier of the subject matches the name and the same identifier in the file. |
| | Current Status: | 5/1/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/22/2019 - Signed by the Speaker
4/18/2019 - House concurred in Senate amendments; Roll Call 554: yeas 91, nays 0
|
| |
| SB171 | STATE AND LOCAL ADMINISTRATION. (HOLDMAN T) Makes the filing deadlines for property tax deductions applicable to mobile homes and manufactured homes that are not assessed as real property the same as the filing deadlines for property tax deductions applicable to real property. Repeals the coal conversion system property tax deduction, the coal combustion product property tax deduction, the recycled coal combustion byproduct personal property tax deduction, the aircraft property tax deduction, the intrastate aircraft property tax deduction, the Hoosier alternative fuel vehicle manufacturer investment income tax credit, and the local income tax option hiring incentive credit. Extends the legislative services agency tax incentive review schedule from five to seven years. Provides that a redevelopment commission or other entity that creates a tax increment financing area shall file the resolution and supporting documents that create the tax increment financing area with both the county auditor in which the tax increment financing area is located and the department of local government finance within 30 days after the redevelopment commission or other entity takes final action on the resolution. Provides that if a redevelopment commission or other entity that creates a tax increment financing area files the resolution and supporting documents with either the county auditor and the department of local government finance after the first anniversary of the effective date of the tax increment financing area, the county auditor shall compute the base assessed value of the tax increment financing area using the assessment date immediately preceding the later of the date on which the documents were filed with the county auditor or the date on which the documents were filed with the department of local government finance. Urges the study of the advisability of eliminating the mortgage property tax deduction and the advisability of increasing the homestead standard deduction. |
| | Current Status: | 5/5/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/24/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 626: yeas 94, nays 0; Rules Suspended
4/24/2019 - Senate Conference Committees Eligible for Action
|
| |
| SB191 | HISTORIC PRESERVATION AND REHABILITATION GRANTS. (FORD J) Provides that for purposes of the historic preservation and rehabilitation grant program, the term "person" includes a nonprofit organization or nonprofit corporation. Provides that the office of community and rural affairs may award a grant under the program to a nonprofit organization or nonprofit corporation if the historic property will be used by the nonprofit organization or nonprofit corporation for the organization's or corporation's purposes and functions. Increases the maximum amount of a preservation or rehabilitation grant (grant) from 35% to 50% of qualified expenditures, not to exceed the grant ceiling in current law of $100,000. Provides that a person is eligible for a grant if the qualified expenditures for preserving or rehabilitating the historic property exceed $5,000 (instead of $10,000). |
| | Current Status: | 4/10/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/9/2019 - Signed by the President of the Senate
4/2/2019 - Signed by the President Pro Tempore
|
| |
| SB208 | ELECTRONIC FILING AND NOTICE. (YOUNG M) Allows a person to use electronic filing or service instead of mailing in certain cases if electronic filing or service is authorized by rules adopted by the supreme court. |
| | Current Status: | 4/3/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/1/2019 - Signed by the President of the Senate
3/19/2019 - Signed by the Speaker
|
| |
| SB223 | ACCOUNTING BY ATTORNEY IN FACT. (KOCH E) Provides that an attorney in fact is required to render and deliver a written accounting if requested by a person who jointly owns an account with the principal. Provides that an attorney in fact may not render and deliver an accounting to the child of the principal, if a court has determined that the rendering and delivery of an accounting is not in the best interests of the principal. |
| | Current Status: | 5/1/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/23/2019 - Signed by the Speaker
4/15/2019 - Third reading passed; Roll Call 521: yeas 83, nays 0
|
| |
| SB265 | VARIOUS TRUST MATTERS. (HEAD R) Defines "designated representative", "judicial proceeding", and "nonjudicial matter" for purposes of the trust code. Authorizes the establishment of legacy trusts. Prescribes the procedures for establishing a legacy trust and requirements for claims under a legacy trust. Provides that a court shall exercise jurisdiction over a legacy trust or a qualified disposition and adjudicate a case or controversy regarding the legacy trust, if the case or controversy is within the subject matter of the court. Adopts the uniform directed trust act, which allows for the terms of a trust to grant a person other than a trustee power over some aspect of the trust's administration. Provides that current law regarding the duties and liabilities of a trustee of a trust under the control of a third person applies to directions given to a trustee before July 1, 2019, by a person who has power under the terms of the trust to direct the trustee. Allows for the use of quiet trusts. Provides that an interested person may enter into a binding nonjudicial settlement agreement with respect to trust matters. Provides for nonjudicial account settlements. |
| | Current Status: | 5/5/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/16/2019 - Signed by the Speaker
4/11/2019 - Returned to the Senate without amendments
|
| |
| SB380 | SUPPORTED DECISION MAKING. (KOCH E) Requires that a person who files a petition for the appointment of a guardian for an incapacitated person or minor must inform the court what less restrictive alternatives were considered or implemented and, if less restrictive alternatives were not considered or implemented, the reason for the failure to consider or implement less restrictive alternatives. Provides for the use of supported decision making agreements for adults who need support and accommodations in making, communicating, and effectuating decisions. |
| | Current Status: | 4/24/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/23/2019 - Signed by the President of the Senate
3/26/2019 - Returned to the Senate without amendments
|
| |
| SB381 | CEMETERY PERPETUAL CARE FUND DISTRIBUTIONS. (KOCH E) Provides that a cemetery perpetual care fund that is a trust may be converted into a total return unitrust (a trust from which the trustee pays out an amount computed as a percentage of the fair market value of the trust assets instead of paying out the income of the trust). Provides that the percentage used to compute the amount paid out from a perpetual care fund converted into a total return unitrust must: (1) represent a reasonable current return from the trust; (2) be agreed upon in writing by the trustee and the owner of the cemetery or ordered by the court having jurisdiction of the trust; (3) serve the purpose of the perpetual care of the cemetery; and (4) be not less than 3% or more than 5%. Prevents certain distributions from being made from a total return unitrust in certain instances. Provides that, except for withdrawals for the payment of expenses, all withdrawals from a trust converted into a total return unitrust must be devoted to the perpetual care of the cemetery, including the immediate maintenance needs of the cemetery. |
| | Current Status: | 4/18/2019 - Public Law 33
|
| | Recent Status: | 4/18/2019 - Signed by the Governor
4/17/2019 - Signed by the President of the Senate
|
| |
| SB460 | BROADBAND DEVELOPMENT. (MESSMER M) Establishes the rural broadband fund for the purpose of awarding grants: (1) before August 1, 2019, under the existing statute governing grants for qualified broadband projects for unserved areas in Indiana; and (2) after July 31, 2019, under new procedures governing grants for eligible broadband projects for rural areas in Indiana. Requires the office of community and rural affairs (office) to establish procedures for the awarding of grants from the fund after July 31, 2019, by state agencies to eligible broadband service providers for eligible broadband projects in rural areas of Indiana. Provides that the procedures established by the office must establish specified priorities for the awarding of grants, based on the available Internet speeds in a particular area. Provides that the procedures established by the office may not permit the awarding of a grant from the fund for any proposed broadband project in an area in which eligible broadband service is available. Provides that the procedures established by the office may not permit the office to award a grant from the fund for any project in a rural area for which funding has been allocated from certain federal funding programs. Provides that the procedures established by the office must establish a system of priorities for awarding grants, weighted as determined by the office in guidelines adopted by the office, that gives preference to eligible broadband projects that meet certain specified criteria. Requires an eligible broadband service provider awarded a grant to sign with the office a grant agreement that: (1) outlines a start date and an end date for completion of the project; and (2) conditions the release of any grant funds on the progressive completion of the project. Beginning in 2020, requires the office to submit to the general assembly an annual report on the awarding of grants under these procedures during the most recent state fiscal year. Provides that every three years, beginning in 2021, the state board of accounts shall conduct an audit of the awarding of grants from the fund during the most recent three state fiscal years. Provides that a communications service provider that holds a certificate of territorial authority shall be designated as a public utility solely as that term is used in federal law that allows a state to exempt a public utility from the federal law's requirement that the state must charge fair market value for the use of real property acquired by the state using federal transportation funding. Provides that the department of transportation (INDOT) may not charge an access rate or any other recurring charge or recurring fee for communications infrastructure that is located before May 1, 2019, in any rights-of-way that are owned or controlled by INDOT. Specifies that INDOT may charge routine right-of-way permit fees to enter INDOT's rights-of-way for the maintenance of existing facilities. Provides that the department may create a broadband corridor program to manage communications infrastructure along or within limited access highway rights-of-way. Specifies that for purposes of the broadband corridor program, "communications infrastructure" does not include privately owned vertical structures used primarily for providing wireless communications service. Provides that: (1) INDOT may not unreasonably discriminate among entities requesting access to broadband corridors or other INDOT controlled rights-of-way; and (2) the bill's provisions prohibiting INDOT from discriminating among such entities do not abrogate or limit INDOT's statutory authority to safely and efficiently manage and operate the state highway system and associated highway rights-of-way. Provides that, before July 1, 2020, INDOT shall adopt rules to provide that, as used throughout the department's administrative code regarding utility facility relocation for purposes of construction contracts, "utility" has the meaning set forth in federal law concerning utility relocations, adjustments, and reimbursement. |
| | Current Status: | 5/2/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/18/2019 - Senate concurred in House amendments; Roll Call 532: yeas 46, nays 0
4/18/2019 - Concurrences Eligible for Action
|
| |
| SB516 | REGULATION OF HEMP. (HEAD R) Establishes the Indiana hemp advisory committee (committee) to provide advice to the office of the state seed commissioner (commissioner) regarding Indiana's hemp laws. Sunsets the committee on July 1, 2021. Prohibits the commissioner from regulating a hemp product. Changes references from "industrial hemp" to "hemp" and amends the definition of hemp. Adds a definition of "hemp product". Allows for aerial inspection of hemp crops. Removes the limitation on the number of inspections that the state police department may conduct on a licensed hemp operation. Allows the commissioner to perform a criminal background check of an applicant for a hemp license or agricultural hemp seed production license. Establishes a uniform expiration date for hemp licenses and agricultural hemp seed production licenses. Requires a person who sells agricultural hemp to have a seed distribution permit. Provides that: (1) the commissioner may revoke the hemp license of a licensee who fails to cooperate with the commissioner, the state police, a federal law enforcement agency, or a local law enforcement agency in an inspection of the licensee's crop; and (2) the failure to cooperate constitutes probable cause for the commissioner, state police, federal law enforcement agency, or local law enforcement agency to search the premises of the licensee's hemp operation. Provides that, if the state police department, a federal law enforcement agency, or a local law enforcement agency cooperates with the commissioner in the detention, seizure, or embargo of a hemp crop, the state police department, federal law enforcement agency, or local law enforcement agency is immune from civil liability for the detention, seizure, or embargo. Provides that a hemp grower shall reimburse the commissioner for the cost of testing conducted on the grower's crop. Allows the commissioner to order a hemp crop that is detained, seized, or embargoed for noncompliance to be destroyed by the owner. Subject to federal law, allows the commissioner to divert for processing a hemp crop that is detained, seized, or embargoed. Establishes requirements for a licensed handler to distribute clones and other nonseed propagative material. Provides that the commissioner may enter into agreements with laboratories selected by the Indiana state police department to perform testing of hemp samples. Requires any civil penalties collected under the hemp law to be transferred to the Indiana state department of agriculture and used for hemp marketing and research purposes. Provides that, in addition to payment of any civil penalty imposed by the commissioner, a person who violates certain requirements shall reimburse the commissioner for any costs incurred by the commissioner for laboratory testing of material pertaining to the violation. Allows negligent violations of the hemp law to be corrected without a penalty. Allows the commissioner to adopt emergency rules to comply with federal requirements. Establishes procedures by which the commissioner shall apply to the United States Department of Agriculture for approval of Indiana's hemp regulation. Requires a person who sells hemp to: (1) be licensed in Indiana and in the jurisdiction in which the hemp is grown; and (2) provide certain information to the buyer. Provides that hemp bud and hemp flower may be sold only to a licensed hemp processor and that the commissioner may assess a civil penalty of not more than $2,500 for a violation. Provides that a person who knowingly or intentionally violates: (1) a term, condition, or requirement of a hemp license; or (2) a rule adopted under the hemp law; is subject to a civil penalty and possible license revocation. Provides that growing or handling hemp or selling hemp seed without a license is a Class A misdemeanor. Prohibits a local government unit from adopting or enforcing an ordinance that restricts or regulates the growth, production, or processing of hemp. Provides that the cannabidiol percent present in low THC hemp extract be certified. Provides a criminal penalty for dealing, manufacturing, financing, or possessing smokable hemp. Specifies that financial institutions, agencies, and instrumentalities of the state or the United States are not subject to certain crimes concerning financing the manufacture or distribution of smokable hemp. Allows the court to defer judgment on a crime concerning smokable hemp and dismiss charges if certain conditions are met. Makes conforming changes. Removes expired provisions. |
| | Current Status: | 5/2/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/24/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 627: yeas 94, nays 3; Rules Suspended
4/24/2019 - Senate Conference Committees Eligible for Action
|
| |
| SB518 | PROBATE MATTERS. (KOCH E) Repeals the probate study subcommittee. Creates the probate code study commission. Allows a person to contest two or more wills if there is prima facie evidence that: (1) the decedent suffered from an irreversible medical or psychiatric condition that predated the earliest will to be challenged; or (2) a party beneficially interested in one or more of the challenged wills had a direct and active nexus with the preparation or execution process for each will to be challenged. Specifies that the issuance of a court order on any matter related to an unsupervised estate does not revoke the personal representative's authority to continue the administration of the estate as an unsupervised estate. Adds definitions for the terms: (1) "petition for administration"; and (2) "unit address". Provides a process for filing a notice of administration. Removes certain reporting requirements regarding small estate administration to the estate recovery unit of the office of Medicaid policy and planning. Recognizes the small estate threshold of $25,000 for the estate of an individual who dies before July 1, 2007. Authorizes the Indiana supreme court and office of judicial administration to establish and administer a statewide electronic estate planning documents registry (registry). Allows certain individuals to deposit the following items into the registry: (1) An electronic will. (2) An electronic trust instrument. (3) An electronic power of attorney. (4) Any electronic document that revokes or amends an electronic will, electronic trust instrument, or electronic power of attorney. Requires the administrator of the registry to catalog submitted items according to the following: (1) The name of the testator, settlor, or principal. (2) The county of residence for the testator, settlor, or principal. (3) The date of execution for an electronic estate planning document. (4) The date of submission to or deposit with the registry of information pertaining to an electronic estate planning document. (5) The name of any attorney responsible for the preparation or execution of an electronic estate planning document. Requires the registry administrator to make the registry index: (1) available to; and (2) searchable by; the public. Requires the registry administrator to keep the substantive content of electronic documents submitted to or deposited with the registry private, secure, and inaccessible to the public. Requires the registry administrator to issue a certified report concerning the existence of certain items submitted to or deposited with the registry in certain instances. Requires the registry administrator to issue a certified transcript of certain documents submitted to or deposited with the registry in certain instances. Allows the registry administrator to charge fees in certain instances. Revises definitions for the following terms: (1) "Document integrity evidence". (2) "Tamper evident". Defines the term "specified adult" as a person who: (1) is not less than 65 years of age; or (2) is a person that: (A) is at least 18 years of age; and (B) has a mental or physical impairment that prohibits the person from protecting the person's interests. Allows certain individuals to act on behalf of a specified adult in certain instances involving the financial exploitation of the specified adult. Provides that if a transfer on death deed has been recorded before the death of the owner, a subsequent conveyance is void if it is not recorded before the death of the owner with the recorder of deeds in the county where the real property is situated. Establishes dates that determine when certain probate statutes apply. Requires a court to issue certain findings before exempting encumbered real property from certain restrictions concerning the sale of the real property. Allows the devolution of real estate title to be demonstrated by prima facie evidence. Specifies how devolution of real estate title may be demonstrated. Requires the estate recovery unit of the office of Medicaid policy and planning to provide notice of a claim against an estate in certain instances. Makes technical corrections. |
| | Current Status: | 5/5/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/22/2019 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 553: yeas 39, nays 8
4/22/2019 - , (Bill Scheduled for
Hearing); Time & Location: 2:30 PM, Rm. 404
|
| |
| SB554 | ECONOMIC DEVELOPMENT. (GARTEN C) Provides that the Indiana economic development corporation (IEDC) may renew an enterprise zone that is established in an inactive or closed military base (enterprise zone) for not more than 10 years subject to certain criteria. Provides that a reuse authority, following the expiration of an enterprise zone over which the reuse authority had jurisdiction, may, subject to the approval of the IEDC, certify a business that is located within the boundaries of the enterprise zone for a tax credit, deduction, or exemption that could have been available to the business had the enterprise zone not expired. Provides that a business that is certified by a reuse authority to receive a tax credit, deduction, or exemption must assist the reuse authority in an amount determined by the reuse authority. Provides that a zone business that received a tax credit, deduction, or exemption in an enterprise zone before the phase out of the enterprise zone and claims the tax credit, deduction, or exemption after the phase out must pay to the reuse authority the same fee or amount that the zone business would have paid to the urban enterprise association before the expiration of the enterprise zone. Provides that the IEDC shall make a determination on grants from the twenty-first century research and technology fund (fund) to a district board established in Lafayette or Fort Wayne by September 1 if a district board established in Lafayette or Fort Wayne applies for a grant. |
| | Current Status: | 5/2/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/23/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 612: yeas 91, nays 2; Rules Suspended
4/23/2019 - Senate Conference Committees Eligible for Action
|
| |
| SB563 | ECONOMIC DEVELOPMENT. (HOLDMAN T) Establishes the small business innovation voucher program (program) to provide vouchers to eligible small businesses to be used by the business to purchase research and development support or other forms of technical assistance and services from an Indiana institution of higher education or other authorized research provider. Provides that the Indiana economic development corporation (IEDC) shall administer the program. Provides that the program is subject to appropriation from the general assembly. Amends the definition of "sales" and adds a definition of "telecommunication services" and "broadcast services" under the state adjusted gross income tax provisions. Amends the provisions for determining when sales, other than sales of tangible personal property, are derived from sources within Indiana for purposes of determining the state adjusted gross income of corporations and nonresident persons. Provides that the IEDC may enter into an agreement for mutual economic assistance and a payment agreement with a similar agency or body of a state bordering Indiana. Provides that a taxpayer (with certain exceptions) is not entitled to receive an industrial recovery tax credit for a qualified investment made after December 31, 2019. Amends the definition of "incremental income tax withholdings" for purposes of the EDGE tax credit to accommodate nonresident employees covered by a mutual economic assistance agreement and payment agreement. Permits a taxpayer to claim an income tax credit for qualified investments made after a community revitalization enhancement district has expired if the taxpayer satisfies certain conditions. Allows a taxpayer to assign all or part of a venture capital investment tax credit, subject to certain limitations. Amends the definition of "qualified investment" under the Hoosier business investment tax credit to include the purchase of: (1) retooled or refurbished machinery; (2) new energy conservation and pollution control equipment; and (3) new onsite digital manufacturing equipment. Provides that the Hoosier business tax investment credit for new onsite digital manufacturing equipment for a tax credit is not to exceed 15% of the qualified investment and is for a limited time period. Amends the headquarters relocation tax credit to extend the credit to an eligible business that: (1) acquired at least $4,000,000 in venture capital within either six months prior to or six months after applying for the credit; and (2) commits to: (A) relocating its headquarters to Indiana; or (B) relocating the number of jobs that equals 80% of the business's payroll to Indiana. Provides that the total amount of headquarters relocation tax credits that may be approved in a state fiscal year for all eligible businesses that qualify for the tax credit under the new provision may not exceed $5,000,000. Establishes the redevelopment tax credit (credit). Requires a taxpayer to apply to the IEDC for the credit. Provides that a taxpayer may claim a credit against state tax liability if: (1) the taxpayer makes a qualified investment for the redevelopment or rehabilitation of real property located within a qualified redevelopment site; and (2) the qualified investment is approved by the IEDC. Provides that the amount of the credit is equal to: (1) the qualified investment made by the taxpayer and approved by the IEDC in an agreement; multiplied by (2) the applicable credit percentage determined by the IEDC. Specifies the maximum applicable credit percentages that apply to qualified investments. Caps the redevelopment tax credit at $50,000,000 per state fiscal year with certain exceptions. Allows a taxpayer to assign all or part of a redevelopment tax credit, subject to certain limitations. Authorizes the IEDC to include in an agreement for the tax credit provisions that require the taxpayer to repay all or part of a credit awarded over a period of years. Provides that an agreement for the redevelopment tax credit must include a repayment provision for the amount of any credit award that exceeds $7,000,000. Requires the IEDC to establish measurements for evaluating the performance of the redevelopment tax credit and evaluate the tax credit program on a biennial basis. Requires the IEDC to collect data on the effectiveness of an assignment of both the venture capital investment tax credit and the redevelopment tax credit and report its findings to the legislative council before November 1, 2022. Changes the recertification period for certified technology parks from three years to four years. Provides that once a certified technology park reaches its cap, an additional amount equal to a specified amount of incremental income taxes shall be captured. Requires a redevelopment commission that has designated a third party manager or operator of a certified technology park to transfer to the manager or operator the amount owed within 30 days of receiving a distribution. Urges the legislative council to assign to an appropriate interim study committee the task of studying the development of regional airports throughout Indiana. Makes an appropriation. |
| | Current Status: | 5/1/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/24/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 640: yeas 97, nays 1; Rules Suspended
4/24/2019 - Senate Conference Committees Eligible for Action
|
| |
| SB565 | VARIOUS TAX MATTERS. (HOLDMAN T) Provides that the department of state revenue (department) may deny an application for a registered retail merchant's certificate in certain circumstances. Specifies the requirements necessary for a taxpayer to discontinue filing a combined income tax return. Requires a partnership, or an estate or trust, to file certain information returns electronically. Amends motor carrier fuel tax provisions retroactively to July 1, 2018, to specify the rates that apply to the imposition of the tax. Requires a taxpayer to retain books and records during the period of a judicial proceeding or appeal that extends beyond the three year retention period under current law. Requires a sheriff that collects a judgment on a tax warrant to notify the department of the name of the taxpayer and the amount of the payment within seven days of receipt of the payment. Allows the department to waive or toll tax penalties and interest imposed on a taxpayer who is or has been incarcerated for a period of at least 180 days. Provides that if the department does not: (1) issue a timely demand notice; (2) file a timely tax warrant; or (3) renew tax warrants; the tax liability is extinguished. Provides that the department may release tax withholding or other tax information statements to certain individuals. Provides that the department may domesticate a valid tax warrant in one or more other states or countries, or in the political subunits of other states or countries. Provides that a judgment on a tax warrant must be filed in at least one Indiana county not later than 10 years after the first date on which a demand notice could be issued. Provides that if a judgment on a tax warrant is entered in at least one Indiana county, the department may file an additional tax warrant in one or more Indiana counties during the period in which one or more tax warrants are valid. Updates the income tax reference to the Internal Revenue Code (IRC) in effect on January 1, 2019. Revises provisions concerning income under Section 118, Section 163, and Section 965 of the IRC. Clarifies the treatment of a loss for a taxable year disallowed because of Section 461(l) of the IRC in determining an Indiana net operating loss deduction. Modifies the adjustment to Indiana adjusted gross income for certain property involved in a like-kind exchange for which a taxpayer claims a federal deduction under Section 179 of the IRC. Modifies, for purposes of determining Indiana adjusted gross income, an amount treated as bonus depreciation under IRC Section 168(k) for certain property involved in a like-kind exchange. Changes the order in which the department is required to apply a taxpayer's partial payment to the taxpayer's tax liability, penalties, and interest. Provides that the revised ordering of payments applies to taxable periods beginning after December 31, 2019. Specifies the taxable years to which the adjusted gross income tax changes and the financial institutions tax changes apply. Provides that the heavy equipment rental excise tax is imposed upon the rental of heavy rental equipment from a retail merchant in Indiana and received from the retail merchant in Indiana. Requires a retail merchant to collect and remit the heavy equipment rental excise tax. Provides that in the event of a misclassification, a person shall receive a credit for any property tax paid on the rental of heavy equipment for a calendar year against any excise tax owed on the equipment in the same calendar year and for any excise tax paid on the equipment for a calendar year against any property tax owed on the equipment in the same calendar year. Requires the department, beginning January 1, 2021, to establish an annual tax rate for the utility receipts tax and the utility services use tax by determining a tax rate that would maintain tax revenue at the state fiscal year 2018 amount. Removes the provision in current law that requires a claim for a unified tax credit for the elderly to be filed within six months following the close of the claimant's taxable year or within the extension period if an extension of time for filing the return has been granted, whichever is later. |
| | Current Status: | 5/5/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/24/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 641: yeas 67, nays 28; Rules Suspended
4/24/2019 - , (Bill Scheduled for
Hearing); Time & Location: 3:15 PM, Rm. 404
|
| |
| SB566 | RESIDENTIAL TAX INCREMENT FINANCING. (RAATZ J) Permits a redevelopment commission to establish a program for residential housing development and a tax increment funding allocation area for the program if the average of new, residential houses constructed in the county or municipality in the preceding three years is less than 1% of the total number of residential houses in the county or municipality. Requires the department of local government finance, in cooperation with appropriate county and municipal agencies, to determine eligibility for the program. Provides that a program may not take effect until the governing body of each school corporation affected by the program passes a resolution approving the program. Defines "residential housing" as housing or workforce housing that consists of single family dwelling units sufficient to secure quality housing in reasonable proximity to employment. |
| | Current Status: | 5/5/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/24/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House;; Rules Suspended
4/24/2019 - Senate Conference Committees Eligible for Action
|
| |
| SB604 | VOIDING AND RELEASING CLAIMS IN LAND INTERESTS. (DORIOT B) Adds a provision to the statute concerning marketable title for real property to provide that, after a person has filed a claim for an interest in land, the claim is void if: (1) the owner of the property subject to the claim (or any person having an interest in the property) provides written notice to the claimant to file an action to enforce the claim; and (2) the claimant fails to file, within 30 days after receiving the notice to enforce the claim, an action to enforce the claim in the county where the property is located. Provides that upon the claimant's failure to file an action to enforce the claim within the 30 day period, the person who provided the notice to the claimant may file with the recorder of the county where the property is located an affidavit stating that the person has served notice on the claimant to enforce the claim and that no action for enforcement of the claim is pending. Requires the county recorder to record the affidavit of service. Requires that an affidavit of service must also include a reference to the recording information for the recorded notice of claim. Requires that, when the county recorder records the affidavit of service, the recorder must include a reference to the recorded notice of claim in the record book. Allows a county recorder to certify certain records by cross reference to the records, rather than on the records themselves. |
| | Current Status: | 5/2/2019 - SIGNED BY GOVERNOR
|
| | Recent Status: | 4/23/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 614: yeas 93, nays 0; Rules Suspended
4/23/2019 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 573: yeas 48, nays 0; Rules Suspended
|
| |