Prepared by: Faegre Drinker Biddle & Reath
Report created on May 8, 2021
 
HB1436STATE AND LOCAL ADMINISTRATION. (THOMPSON J) Provides that, in an adjudicative administrative proceeding concerning an agency action, the administrative law judge shall order the agency to pay the reasonable attorney's fees incurred, if the party challenging the agency action proves, by a preponderance of the evidence, that: (1) the agency's action was frivolous or groundless; or (2) the agency pursued the action in bad faith. Make a conforming change to the determination of adjusted gross income for purposes of the state income tax deduction for unemployment compensation. Exempts certain hospitals from the nonprofit hospital public forum requirement. Specifies that an advance health care directive must be signed in the presence (but not the "direct physical presence") of two witnesses. Provides that local floodplain administrators in counties having a population of more than 140,000 but less than 150,000 may issue a variance approving a structure located in a floodway without a permit issued by the director of the department if: (1) the structure is not used as an abode or residence; (2) the structure is constructed after January 1, 2018, but not later than July 1, 2020; and (3) the lowest floor of the structure is not more than 0.15 of a foot below two feet above the 100 year flood elevation. Resolves conflicts.
 Current Status:   4/29/2021 - SIGNED BY GOVERNOR
 All Bill Status:   4/28/2021 - Received by the Governor
4/22/2021 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 498: yeas 32, nays 17; Rules Suspended
4/22/2021 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 509: yeas 96, nays 0; Rules Suspended
4/22/2021 - House Conference Committees Eligible for Action CCR #1
4/22/2021 - House Conference Committees Eligible for Action CCR #1
4/22/2021 - CCR # 1 filed in the Senate
4/22/2021 - CCR # 1 filed in the House
4/21/2021 - Advisor Added Senator Koch
4/21/2021 - Conferee Added Senator Brown L
4/21/2021 - Conferee Dropped Senator Lanane
4/21/2021 - Advisor Dropped Senator Brown L
4/19/2021 - , (Bill Scheduled for Hearing)
4/15/2021 - Senate Advisors appointed Brown L and Taylor G
4/15/2021 - Senate Conferees appointed Messmer and Lanane
4/14/2021 - Advisor Dropped Representative Steuerwald
4/14/2021 - House Advisors appointed Steuerwald, Davis and Hatfield
4/14/2021 - House Conferees appointed Thompson and Bauer M
4/14/2021 - House dissented from Senate Amendments
4/14/2021 - Motion to dissent filed
4/14/2021 - Returned to the House with amendments
4/13/2021 - Third reading passed; Roll Call 427: yeas 36, nays 11
4/13/2021 - House Bills on Third Reading
4/12/2021 - added as cosponsor Senator Randolph
4/12/2021 - House Bills on Third Reading
4/8/2021 - Second reading ordered engrossed
4/8/2021 - House Bills on Second Reading
4/6/2021 - House Bills on Second Reading
4/5/2021 - House Bills on Second Reading
4/1/2021 - House Bills on Second Reading
3/30/2021 - House Bills on Second Reading
3/29/2021 - House Bills on Second Reading
3/25/2021 - Committee Report amend do pass, adopted
3/24/2021 - Senate Committee recommends passage, as amended Yeas: 7; Nays: 3;
3/24/2021 - Senate Judiciary, (Bill Scheduled for Hearing)
3/18/2021 - added as third sponsor Senator Koch
3/2/2021 - Referred to Senate Judiciary
3/2/2021 - First Reading
3/1/2021 - added as second sponsor Senator Brown L
2/18/2021 - Referred to Senate
2/17/2021 - Senate sponsor: Senator Messmer
2/17/2021 - Third reading passed; Roll Call 150: yeas 94, nays 0
2/17/2021 - House Bills on Third Reading
2/16/2021 - House Bills on Third Reading
2/15/2021 - Second reading ordered engrossed
2/15/2021 - House Bills on Second Reading
2/11/2021 - Committee Report amend do pass, adopted
2/9/2021 - House Committee recommends passage, as amended Yeas: 10; Nays: 0;
2/9/2021 - House Judiciary, (Bill Scheduled for Hearing)
2/2/2021 - House Judiciary, (Bill Scheduled for Hearing)
1/14/2021 - Referred to House Judiciary
1/14/2021 - First Reading
1/14/2021 - Authored By Jeffrey Thompson
 
HB1496NATURAL RESOURCE MATTERS. (BARTELS S) Provides that a permit issued to a quarrying or aggregate company for excavation of certain industrial materials is valid for the duration of the permitted project subject to periodic compliance evaluations. Establishes that a permit issued for aggregate operations becomes void if construction has not commenced within two years of the issuance of the permit. Requires a permit holder to notify the commission within six months after completing a permitted project. Provides that a permit issued on or before July 1, 2014, that remains active for a quarrying or aggregate company for excavation of certain industrial materials is valid for the duration of the permitted project subject to permit conditions and periodic evaluations, and requires the holder of the permit to notify the commission not later than January 1, 2022, if the permitted project is still active. Provides that failure to notify the commission will cause the permit to expire. Requires the holder of the permit to notify the commission that the project is completed within six months after the project's completion.
 Current Status:   4/1/2021 - SIGNED BY GOVERNOR
 All Bill Status:   3/31/2021 - Received by the Governor
3/29/2021 - Signed by the President Pro Tempore
3/23/2021 - Signed by the Speaker
3/16/2021 - Third reading passed; Roll Call 235: yeas 48, nays 0
3/16/2021 - House Bills on Third Reading
3/15/2021 - House Bills on Third Reading
3/11/2021 - Second reading ordered engrossed
3/11/2021 - House Bills on Second Reading
3/9/2021 - Committee Report do pass, adopted
3/8/2021 - Senate Committee recommends passage Yeas: 9; Nays: 0;
3/8/2021 - Senate Natural Resources, (Bill Scheduled for Hearing)
3/4/2021 - Referred to Senate Natural Resources
3/4/2021 - First Reading
2/18/2021 - Senate sponsors: Senators Houchin and Doriot
2/18/2021 - Third reading passed; Roll Call 188: yeas 85, nays 3
2/18/2021 - House Bills on Third Reading
2/17/2021 - House Bills on Third Reading
2/16/2021 - Second reading ordered engrossed
2/16/2021 - House Bills on Second Reading
2/15/2021 - House Bills on Second Reading
2/11/2021 - Committee Report amend do pass, adopted
2/9/2021 - House Committee recommends passage, as amended Yeas: 11; Nays: 0;
2/9/2021 - House Natural Resources, (Bill Scheduled for Hearing)
1/14/2021 - Referred to House Natural Resources
1/14/2021 - First Reading
1/14/2021 - Coauthored by Representative Eberhart
1/14/2021 - Authored By Steve Bartels
 
SB227ENFORCEMENT OF PESTICIDE VIOLATIONS. (LEISING J) Provides a list of violations for which the state chemist may impose a civil penalty. Eliminates the schedule of civil penalties as adopted by the Indiana pesticide review board. (Under current law, the state chemist imposes a civil penalty in accordance with a schedule of civil penalties as adopted by the Indiana pesticide review board.) Provides that the state chemist may adjust a civil penalty by 20% for certain violations if a person responsible for the violation takes mitigating actions.
 Current Status:   4/19/2021 - SIGNED BY GOVERNOR
 All Bill Status:   4/19/2021 - Received by the Governor
4/19/2021 - Signed by the President of the Senate
4/12/2021 - Signed by the President Pro Tempore
4/1/2021 - added as coauthor Senator Randolph
4/1/2021 - Senate Concurred in House Amendments ; Roll Call 318: yeas 48, nays 0
4/1/2021 - Concurrences Eligible for Action
3/30/2021 - Concurrences Eligible for Action
3/29/2021 - Motion to concur filed
3/16/2021 - Returned to the Senate with amendments
3/15/2021 - added as cosponsor Representative Klinker
3/15/2021 - Third reading passed; Roll Call 259: yeas 91, nays 4
3/15/2021 - Senate Bills on Third Reading
3/11/2021 - Second reading ordered engrossed
3/11/2021 - Senate Bills on Second Reading
3/9/2021 - Committee Report amend do pass, adopted
3/9/2021 - House Committee recommends passage, as amended Yeas: 11; Nays: 0;
3/9/2021 - House Agriculture and Rural Development, (Bill Scheduled for Hearing)
2/23/2021 - Referred to House Agriculture and Rural Development
2/23/2021 - First Reading
1/26/2021 - Referred to House
1/26/2021 - added as third author Senator Lanane
1/25/2021 - added as second author Senator Glick
1/25/2021 - Cosponsor: Representative Prescott
1/25/2021 - House sponsor: Representative Lehe
1/25/2021 - Third reading passed; Roll Call 13: yeas 49, nays 0
1/25/2021 - Senate Bills on Third Reading
1/14/2021 - Second reading ordered engrossed
1/14/2021 - Senate Bills on Second Reading
1/12/2021 - Committee Report do pass, adopted
1/11/2021 - Senate Committee recommends passage Yeas: 7; Nays: 0
1/11/2021 - Senate Agriculture, (Bill Scheduled for Hearing)
1/7/2021 - Referred to Senate Agriculture
1/7/2021 - First Reading
1/7/2021 - Authored By Jean Leising
 
SB271ENVIRONMENTAL MATTERS. (MESSMER M) Provides that a property owner claiming the industrial waste control facility property tax exemption must: (1) provide a written statement attesting that the property claimed as exempt meets the requirements for the exemption; and (2) file the statement along with the exemption claim. Eliminates provisions under which the property owner must mail a copy of the exemption claim to the department of environmental management (department) and the assessor is required to allow the total exemption claimed by the property owner if the department does not certify its determination to the assessor within 120 days. Amends the law concerning the department's preparation of a list of impaired waters to provide for the list to be posted to the department's Internet web site instead of being published in the Indiana Register and to require that the list be made available for public comment for at least 45 days instead of at least 90 days. Requires the department to establish a state permit program for the implementation of federal regulations for the disposal of coal combustion residuals in landfills and surface impoundments. Requires the environmental rules board (board) to adopt rules for the establishment of the state permit program. Requires the department, not later than May 15, 2021, to notify the United States Environmental Protection Agency of its intention to establish the state permit program and seek federal approval of the program. Establishes the CCR program fund to pay costs incurred by the department in operating the state permit program and conducting program funding reviews. Changes, from January 1, 2022, to January 1, 2023, the expiration date of a noncode SECTION of HEA 1278-2019 concerning the adoption of rules to increase the amounts of certain environmental fees.
 Current Status:   4/22/2021 - SIGNED BY GOVERNOR
 All Bill Status:   4/21/2021 - Received by the Governor
4/21/2021 - Signed by the President of the Senate
4/21/2021 - Signed by the Speaker
4/20/2021 - Signed by the President Pro Tempore
4/14/2021 - Senate Concurred in House Amendments ; Roll Call 438: yeas 48, nays 1
4/14/2021 - Concurrences Eligible for Action
4/13/2021 - Concurrences Eligible for Action
4/13/2021 - Motion to concur filed
4/8/2021 - Third reading passed; Roll Call 376: yeas 88, nays 0
4/8/2021 - Senate Bills on Third Reading
4/6/2021 - Amendment #4 (Thompson) prevailed; Roll Call 361: yeas 71, nays 22
4/6/2021 - Second reading amended, ordered engrossed
4/6/2021 - Amendment #3 (Boy) motion withdrawn
4/6/2021 - Amendment #4 (Thompson) prevailed;
4/6/2021 - Senate Bills on Second Reading
4/5/2021 - Senate Bills on Second Reading
4/1/2021 - Committee Report amend do pass, adopted
3/31/2021 - House Committee recommends passage, as amended Yeas: 15; Nays: 8;
3/31/2021 - House Ways and Means, (Bill Scheduled for Hearing)
3/18/2021 - Referred to House Ways and Means
3/18/2021 - Senate Bills on Second Reading
3/16/2021 - Committee Report amend do pass, adopted
3/15/2021 - House Committee recommends passage, as amended Yeas: 9; Nays: 4;
3/15/2021 - House Environmental Affairs, (Bill Scheduled for Hearing)
3/11/2021 - added as cosponsor Representative Gutwein
3/11/2021 - added as sponsor Representative Aylesworth
3/11/2021 - removed as sponsor Representative Gutwein
3/2/2021 - Referred to House Environmental Affairs
3/2/2021 - First Reading
2/9/2021 - House sponsor: Representative Gutwein
2/9/2021 - Third reading passed; Roll Call 88: yeas 47, nays 0
2/9/2021 - Senate Bills on Third Reading
2/8/2021 - Second reading amended, ordered engrossed
2/8/2021 - Amendment #1 (Tallian) prevailed; voice vote
2/8/2021 - Senate Bills on Second Reading
2/4/2021 - added as coauthor Senator Randolph
2/4/2021 - added as second author Senator Niemeyer
2/4/2021 - Senate Bills on Second Reading
2/1/2021 - Committee Report do pass, adopted
2/1/2021 - Senate Committee recommends passage Yeas: 8; Nays: 2
2/1/2021 - Senate Environmental Affairs, (Bill Scheduled for Hearing)
1/11/2021 - Referred to Senate Environmental Affairs
1/11/2021 - First Reading
1/11/2021 - Authored By Mark Messmer
 
SB389WETLANDS. (GARTEN C) Amends the law requiring a permit and compensatory mitigation for "wetland activity" (the discharge of dredged or fill material) in a state regulated wetland: (1) by changing the definition of "Class II wetland"; (2) by providing that wetland activity may be conducted without a permit: (A) in a Class I wetland; (B) in a Class II wetland with an area of not more than three-eighths acre; (C) in an ephemeral stream; and (D) in a Class II wetland that is located within the boundaries of a municipality and has an area of not more than three-fourths acre; (3) by providing that a permit is not needed for the development of cropland that has been used for agricultural purposes: (A) in the five years immediately preceding the development; or (B) in the 10 years immediately preceding the development if the United States Army Corps of Engineers has issued a jurisdictional determination confirming that the cropland does not contain wetlands subject to federal jurisdiction; (4) by providing that wetland activity in a Class II wetland with an area of more than three-eighths acre requires an individual permit; (5) by providing that: (A) maintenance of a field tile in a Class II wetland can be conducted with a general permit if certain conditions are met; and (B) maintenance of a field tile in a Class III wetland can be conducted with a general permit if certain conditions are met and the applicant obtains a site-specific approval; (6) by establishing conditions for obtaining a site-specific approval; (7) by eliminating the compensatory mitigation requirements for wetland activity in a Class I wetland; and (8) by requiring the department of environmental management (department) to make a decision to issue or deny an individual permit for wetland activity not later than 90 days (instead of 120 days) after receiving the completed application. Amends the law concerning a certification under Section 401 of the federal Clean Water Act for dredge and fill activity in a federally regulated wetland to require the department to make a final determination not later than 90 days (instead of 120 days) after receiving a completed application if the applicant requests a pre-coordination meeting. Establishes the Indiana wetlands task force, a 14 member body that: (1) is required to study and make recommendations concerning a number of wetlands issues; and (2) not later than November 1, 2022, issue a report to the general assembly and the governor setting forth its recommendations. Requires the department of natural resources to provide staff support to the task force.
 Current Status:   4/29/2021 - SIGNED BY GOVERNOR
 All Bill Status:   4/28/2021 - Received by the Governor
4/22/2021 - Signed by the Speaker
4/21/2021 - Signed by the President Pro Tempore
4/14/2021 - Senate Concurred in House Amendments ; Roll Call 441: yeas 31, nays 19
4/14/2021 - Concurrences Eligible for Action
4/13/2021 - Motion to concur filed
4/13/2021 - Returned to the Senate with amendments
4/13/2021 - Third reading passed; Roll Call 428: yeas 58, nays 40
4/13/2021 - Senate Bills on Third Reading
4/12/2021 - Amendment #4 (Leonard) prevailed; Roll Call 410: yeas 61, nays 34
4/12/2021 - Amendment #1 (Lindauer) prevailed; Roll Call 409: yeas 54, nays 42
4/12/2021 - Second reading amended, ordered engrossed
4/12/2021 - Amendment #4 (Leonard) prevailed;
4/12/2021 - Amendment #1 (Lindauer) prevailed;
4/12/2021 - Amendment #6 (Slager) prevailed; voice vote
4/12/2021 - Senate Bills on Second Reading
4/8/2021 - Committee Report amend do pass, adopted
4/7/2021 - House Committee recommends passage, as amended Yeas: 12; Nays: 0;
4/7/2021 - House Environmental Affairs, (Bill Scheduled for Hearing)
3/25/2021 - added as cosponsor Representative Morrison
3/22/2021 - House Environmental Affairs, (Bill Scheduled for Hearing)
3/2/2021 - Referred to House Environmental Affairs
3/2/2021 - First Reading
2/2/2021 - Referred to House
2/1/2021 - added as coauthors Senators Holdman, Kruse, Tomes, Leising
2/1/2021 - added as coauthor Senator Boots
2/1/2021 - Cosponsors: Representatives Gutwein and Thompson
2/1/2021 - House sponsor: Representative Lehman
2/1/2021 - Third reading passed; Roll Call 33: yeas 29, nays 19
2/1/2021 - Senate Bills on Third Reading
1/28/2021 - added as coauthors Senators Buck and Perfect
1/28/2021 - Second reading ordered engrossed
1/28/2021 - Amendment #1 (Tallian) failed; Roll Call 24: yeas 19, nays 29
1/28/2021 - Senate Bills on Second Reading
1/26/2021 - added as coauthor Senator Crane
1/26/2021 - added as coauthor Senator Busch
1/26/2021 - Committee Report amend do pass, adopted
1/25/2021 - Senate Committee recommends passage, as amended Yeas: 8; Nays: 3
1/25/2021 - added as coauthor Senator Houchin
1/25/2021 - added as coauthors Senators Freeman and Koch
1/25/2021 - added as coauthor Senator Brown L
1/25/2021 - Senate Environmental Affairs, (Bill Scheduled for Hearing)
1/14/2021 - Referred to Senate Environmental Affairs
1/14/2021 - First Reading
1/14/2021 - Coauthored by Senators Baldwin, Zay, Sandlin, Doriot, Gaskill, Niemeyer
1/14/2021 - Authored By Chris Garten
 
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