| 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
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| | 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
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| HB1019 | PUBLIC CONSTRUCTION. (PRESSEL J) Increases, from $100,000 to $150,000, the ceiling under which a board of aviation commissioners or an airport authority board may perform certain public construction projects with its own workforce. Increases, from $75,000 to $150,000 the ceiling under which a county drainage board may obtain quotes rather than advertise for bids for certain projects under the drainage law. |
| | Current Status: | 4/18/2019 - SIGNED BY GOVERNOR
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| | Recent Status: | 4/17/2019 - Signed by the President of the Senate
4/2/2019 - Signed by the President Pro Tempore
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| 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
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| | Recent Status: | 4/16/2019 - Signed by the Speaker
4/15/2019 - House concurred in Senate amendments; Roll Call 525: yeas 77, nays 12
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| 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
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| | Recent Status: | 4/22/2019 - Signed by the Speaker
4/18/2019 - House concurred in Senate amendments; Roll Call 565: yeas 87, nays 0
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| 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
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| | Recent Status: | 4/2/2019 - Third reading passed; Roll Call 371: yeas 47, nays 1
4/2/2019 - House Bills on Third Reading
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| HB1214 | CONSTRUCTION MANAGERS AS CONSTRUCTORS. (TORR J) Repeals a provision in the construction manager as constructor statute that establishes a time period for public agencies (other than state educational institutions) to use the construction manager as constructor statute. Provides that for purposes of the construction manager as constructor statute, the term "public agency" includes a public library and the health and hospital corporation. |
| | Current Status: | 5/2/2019 - SIGNED BY GOVERNOR
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| | Recent Status: | 4/18/2019 - Signed by the Speaker
4/15/2019 - House concurred in Senate amendments; Roll Call 528: yeas 84, nays 8
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| 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
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| | 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
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| 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
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| | Recent Status: | 4/18/2019 - Signed by the Speaker
4/16/2019 - House concurred in Senate amendments; Roll Call 538: yeas 80, nays 12
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| HB1358 | USE OF UNMANNED AERIAL VEHICLES. (MORRIS R) Requires a law enforcement officer to obtain a warrant to use an unmanned aerial vehicle (UAV) over private property or to conduct a search of private property, unless: (1) the owner of the property consents; or (2) a warrant would not be required for a search not using a UAV. |
| | Current Status: | 4/29/2019 - SIGNED BY GOVERNOR
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| | Recent Status: | 4/18/2019 - Signed by the Speaker
4/15/2019 - House concurred in Senate amendments; Roll Call 524: yeas 61, nays 25
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| 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
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| | 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
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| 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
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| | Recent Status: | 4/15/2019 - Signed by the President Pro Tempore
4/11/2019 - Signed by the Speaker
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| HB1411 | EMINENT DOMAIN FOR NONPUBLIC USES. (WOLKINS D) Amends the statute concerning the use of eminent domain to acquire real property for nonpublic uses to provide that the requirement that a condemnor compensate the owner of residential property acquired under the statute in the amount of 150% of the fair market value of the property applies: (1) only to residential property occupied by the owner as a residence, in the case of an eminent domain proceeding: (A) initiated before July 1, 2019; and (B) with respect to which the fair market value of the parcel has been determined before July 1, 2019; and (2) to all residential property, regardless of whether the property is occupied by the owner as a residence, in the case of an eminent domain proceeding initiated: (A) after June 30, 2019; or (B) before July 1, 2019, and with respect to which the fair market value of the parcel has not been determined before July 1, 2019. Defines "residential property" for purposes of the statute. |
| | Current Status: | 4/24/2019 - SIGNED BY GOVERNOR
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| | Recent Status: | 4/23/2019 - Signed by the President of the Senate
3/28/2019 - Signed by the Speaker
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| 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
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| | 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
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| HB1605 | DEPARTMENT OF TRANSPORTATION MATTERS. (SULLIVAN H) Removes a provision requiring each contract for highway work to be acknowledged before an officer authorized to administer oaths. Provides that a certificate of qualification issued by the department of transportation (department) is valid for a period of 24 months. Allows the department to adopt rules concerning eligibility and qualification requirements for bidders of contracts. Exempts the department from certain real property recording requirements. Makes conforming amendments. |
| | Current Status: | 4/3/2019 - SIGNED BY GOVERNOR
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| | Recent Status: | 4/1/2019 - Signed by the President of the Senate
3/28/2019 - Signed by the Speaker
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| HB1651 | JUDICIAL EVALUATION OF DANGEROUS INDIVIDUALS AND FIREARMS. (SCHAIBLEY D) Provides that a judicial finding of dangerousness may be used to initiate temporary commitment proceedings. Provides that a dangerous person is not a proper person for the purpose of: (1) applying for; or (2) receiving; a license to carry a handgun. Provides that a dangerous person who knowingly or intentionally: (1) rents; (2) purchases; (3) receives transfer of; (4) owns; or (5) possesses; a firearm commits dangerous possession of a firearm, a Class A misdemeanor. Provides that a person who knowingly or intentionally: (1) rents; (2) transfers; (3) sells; or (4) offers for sale; a firearm to a person that a court has found to be dangerous or prohibited from owning or possessing a firearm commits dangerous transfer of a firearm, a Level 5 felony. Requires a law enforcement officer (officer) who seizes a firearm from a person believed to be dangerous without a warrant to provide an affidavit to a court with jurisdiction over the person at issue: (1) not later than 48 hours after the seizure or attempted seizure of the firearm; and (2) for each seizure or attempted seizure of a firearm from the person. Requires a court to order the retention of a seized firearm by a law enforcement agency if the court: (1) finds; or (2) has previously found; the person to be dangerous. Requires a court to determine if a person is dangerous by conducting a hearing. Provides that if a court finds that an individual is not dangerous or no longer dangerous, the court shall order the law enforcement agency having custody of the firearm confiscated, recovered, or seized from the individual to return the firearm to the individual as quickly as practicable, but not later than five days after the court's order. Provides that a dangerous person may petition a court for a court order vacating the person's designation as a dangerous individual 180 days after being found dangerous by a circuit or superior court. Defines "responsible third party". Requires a responsible third party to: (1) safely and responsibly care for and store a firearm that is entrusted to the third party; and (2) prevent dangerous persons from accessing any firearm entrusted to the third party. Makes conforming amendments. |
| | Current Status: | 5/6/2019 - SIGNED BY GOVERNOR
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| | Recent Status: | 4/24/2019 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 594: yeas 46, nays 2; Rules Suspended
4/24/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 618: yeas 93, nays 1; Rules Suspended
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| 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
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| | 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
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| SB230 | UNLAWFUL INDEMNITY AGREEMENTS. (MESSMER M) Provides that the law concerning indemnity agreements in construction or design contracts applies to certain design-build contracts. Specifies that "sole negligence" for purposes of liability under a construction or design contract does not include: (1) vicarious liability; (2) imputed negligence; or (3) assumption of a nondelegable duty. Specifies that provisions in certain professional services contracts requiring indemnification
or defense of a promisee for liability are void. |
| | Current Status: | 4/24/2019 - SIGNED BY GOVERNOR
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| | Recent Status: | 4/23/2019 - Signed by the President of the Senate
4/9/2019 - Signed by the Speaker
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| SB240 | TERRORISM. (FREEMAN A) Repeals and replaces in a new article the offense of: (1) possession, use, or manufacture of a weapon of mass destruction; (2) agricultural terrorism; (3) terroristic mischief; and (4) terroristic deception. Specifies that "terrorism" includes the unlawful threat or use of force to affect the conduct of a government. Makes providing material support to a terrorist a Level 5 felony, and increases the penalty to a Level 2 felony if the material support includes the commission of a felony or if the act of terrorism is reasonably likely to cause serious bodily injury to another person. Makes concealing or harboring a person who has committed a terrorist act a Level 6 felony, and increases the penalty to a Level 3 felony if the terrorist act resulted in serious bodily injury or death. Makes committing a criminal offense with the intent to benefit a terrorist organization or to increase the person's standing in a terrorist organization a Level 5 felony, and increases the penalty to a Level 3 felony if the offense involves the unlawful use of a firearm or a weapon of mass destruction. Provides that a person who commits an offense with the intent to assist another person in the commission of a felony terrorist offense is subject to an additional sentence enhancement equal to the sentence imposed for the underlying offense.
Specifies that a person commits intimidation if: (1) the threatening communication places a person in fear that certain threats will be carried out; or (2) if the threatening communication is made to a person other than the person who is the subject of the threat. Enhances the penalty for intimidation if the threat relates to a person's occupation. Defines "police radio mobile application" as an application installed on a mobile device that allows a person to listen to the contents of traffic carried on police radio frequencies. Provides that a person who possesses or uses a police radio mobile application: (1) while committing a crime; (2) to further the commission of a crime; or (3) to avoid detection by a law enforcement agency; commits unlawful use of a police radio, a Class B misdemeanor. |
| | Current Status: | 4/24/2019 - SIGNED BY GOVERNOR
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| | Recent Status: | 4/23/2019 - Signed by the President of the Senate
4/9/2019 - Signed by the Speaker
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| SB471 | OFFENSES INVOLVING CRITICAL INFRASTRUCTURE. (KOCH E) Repeals the term "key facility" and replaces it with "critical infrastructure facility". Defines "critical infrastructure facility". Provides that a person who, not having a contractual interest in the property, knowingly or intentionally enters the real property of a critical infrastructure facility without the permission of the owner of the critical infrastructure facility or an authorized person commits the offense of critical infrastructure facility trespass. Provides that a person who recklessly, knowingly, or intentionally damages or defaces property of a critical infrastructure facility commits the offense of critical infrastructure facility mischief. Provides criminal penalties and civil remedies for offenses involving a critical infrastructure facility. Provides that the chapter addressing offenses of related critical infrastructure facilities does not apply to protected conduct or collective bargaining agreements. Provides that a victim of the offense of critical infrastructure facility trespass or mischief may recover damages sustained from a person who caused the loss. Provides that a person that compensates, provides consideration to, or remunerates a person for committing the offense of critical infrastructure facility trespass or mischief may be held liable for civil damages. Provides that if a person commits the offense of conspiracy to commit the offense of critical infrastructure facility trespass or mischief with a person who commits the offense of critical infrastructure facility trespass or mischief, the conspiring person shall be punished by a fine not to exceed $100,000. |
| | Current Status: | 5/6/2019 - SIGNED BY GOVERNOR
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| | Recent Status: | 4/4/2019 - Signed by the President Pro Tempore
4/1/2019 - Senate concurred in House amendments; Roll Call 366: yeas 39, nays 7
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| SB535 | EXTRATERRITORIAL POWERS OF MUNICIPALITIES. (BOOTS P) Repeals the general authority of a city or town (municipality) to regulate conduct or property use endangering public health, safety, and welfare within four miles outside of its municipal boundaries and provides that the repeal: (1) does not void such an ordinance or resolution adopted before January 1, 2019, or prevent the validity of such an ordinance or resolution from being challenged in a legal proceeding; and (2) voids such an ordinance or resolution adopted after December 31, 2018. Repeals the general authority of a municipality to: (1) impose restrictions upon persons or animals in order to prevent injury or disease; and (2) capture and destroy animals; within four miles outside its boundaries. Voids any such ordinances or resolutions adopted by a municipality before July 1, 2019. Provides that a municipality may only exercise eminent domain within the municipality unless a statute expressly provides otherwise. Eliminates the express authority of a municipal park board to acquire property outside its boundaries by eminent domain. Provides that a municipal airport board may exercise eminent domain: (1) within four miles outside its municipal boundaries; and (2) more than four miles outside its municipal boundaries in order to acquire land contiguous to an airport that existed on January 1, 2019. Repeals the general authority of a municipality to do the following with regard to watercourses located within 10 miles outside the municipal boundaries: (1) Change the channel of, dam, dredge, remove an obstruction in, straighten, and widen a watercourse. (2) Regulate the taking of water, or causing or permitting water to escape, from a watercourse. (3) Regulate conduct that might alter the temperature of water, or affect the flow of water, in a watercourse. (4) Regulate the introduction of any substance into a watercourse or onto its banks. (5) Purify the water in a watercourse. Provides that the repeal of the powers in (1) through (5) regarding watercourses: (1) voids any municipal ordinances or resolutions adopted before July 1, 2019, that exercise those powers; (2) does not affect a municipality's ability to take water from a watercourse within the 10 mile area outside its boundaries; and (3) does not affect a municipality's authority under these sections with regard to a municipal park existing on June 30, 2019, that is located within 10 miles outside the municipal boundaries. Allows a municipality to continue to exercise eminent domain to acquire property outside its boundaries, if it has reached a specified point in the eminent domain proceedings on January 1, 2019. Provides that for comprehensive plans that were initially adopted before July 1, 2019, if the municipal plan commission provided in its comprehensive plan for the development of a contiguous unincorporated area, the municipal plan commission may continue to exercise territorial jurisdiction over that area unless the jurisdiction of the municipal plan commission is terminated as provided by law. Provides that for comprehensive plans that are initially adopted after June 30, 2019: (1) If the municipality is located in a county that has not adopted a comprehensive plan covering the contiguous unincorporated area and the municipality is providing municipal services to the contiguous unincorporated area, the municipal plan commission may exercise territorial jurisdiction over that area by filing certain notices. (2) If the municipality is located in a county that has adopted a comprehensive plan and ordinance covering the contiguous unincorporated area, the municipal plan commission may exercise territorial jurisdiction over that area only if it obtains the approval of the county legislative body of each affected county. Provides that the power to aid, maintain, and operate public parks, playgrounds, and recreation facilities and programs may be exercised by a municipality with regard to a municipal park located within 10 miles outside the boundaries of the municipality that exists on June 30, 2019. |
| | Current Status: | 5/6/2019 - SIGNED BY GOVERNOR
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| | Recent Status: | 4/24/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 638: yeas 94, nays 3; Rules Suspended
4/24/2019 - Senate Conference Committees Eligible for Action
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| 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
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| | 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
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| SB582 | CLAIMS CONCERNING USER FEES. (CHARBONNEAU E) Defines the term "user fee" as a fee, rate, or charge imposed by a political subdivision: (1) that represents a just, reasonable, and proportionate approximation of the use or privilege for use of a service, the benefit conferred by the use or privilege for use of a service, and the costs incurred by a political subdivision for providing the service or availability of the service; and (2) that is not excessive in relation to the costs incurred for providing the service. Provides that, in a taxpayer's appeal of a property tax assessment, a taxpayer may not raise any claim related to the legality or constitutionality of: (1) a user fee; (2) any other charge, fee, or rate imposed by a political subdivision; or (3) any tax imposed by a political subdivision other than a property tax. Provides that: (1) all circuit courts; (2) all standard superior courts; and (3) all superior courts that are not standard superior courts; have original and concurrent jurisdiction over claims concerning user fees. Makes a technical correction. |
| | Current Status: | 5/2/2019 - SIGNED BY GOVERNOR
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| | Recent Status: | 4/23/2019 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate;
4/23/2019 - Senate Conference Committees Eligible for Action
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