Legislative Update

HB1001 STATE BIENNIAL BUDGET (BROWN T) Appropriates money for capital expenditures, the operation of the state, K-12 and higher education, the delivery of Medicaid and other services, and various other distributions and purposes. Provides for bonding authority for capital projects for higher education institutions. Repeals the bonding authority for the Purdue University West Lafayette-Animal Disease Diagnostic Laboratory enacted in 2007. Terminates the legislative evaluation and oversight program. Replaces the statutory appropriation from the counter cyclical and revenue stabilization fund to the state general fund based on the budget report with a limited discretionary transfer determined by the budget director and approved by the governor. Specifies powers of the treasurer of state, acting as the chairperson of the achieving a better life experience (ABLE) board, related to the approval of expenses of the ABLE board and the ABLE authority. Adds powers for an emergency manager appointed by the distressed unit appeal board (DUAB) and removes the requirement to carry out certain actions. Adds conditions for the termination of distressed status. Permits an emergency manager to request that the DUAB waive the requirement that protected taxes are not reduced as a result of the circuit breaker credit for excessive property taxes. Specifies for purposes of a claim against a governmental entity that the emergency manager is acting on behalf of the distressed political subdivision and not the state. Provides civil immunity for an emergency manager with respect to an act or omission made in the course and scope of duties prescribed by the DUAB. Eliminates certain special provisions applying to school corporations, including the provisions applying to the Gary Community School Corporation. Designates the Gary Community School Corporation as a distressed political subdivision. Requires the DUAB to annually review the Gary Community School Corporation to determine whether the designation of distressed unit status should be terminated. Requires the emergency manager to report to the DUAB monthly instead of quarterly. Permits the attorney general to represent the emergency manager upon request in certain matters. Increases the cigarette tax by $1 to $1.995 per pack of regular size cigarettes (and a corresponding increase for larger cigarettes), and uses the additional revenue for reimbursements of Medicaid providers. Establishes the Medicaid provider reimbursement fund for deposit of a part of the cigarette taxes, registration fees, fines, and penalties collected under the cigarette tax law. Provides for an income tax deduction for military retirement and survivor’s benefits of $8,000 for the 2018 taxable year and $16,000 for a taxable year after 2018 (retains a $5,000 deduction for military income that is not a military retirement benefit, which is now a combined deduction including military income and military retirement benefits). Increases the maximum school scholarship income tax credits that may be awarded during a state fiscal year beginning after June 30, 2017, to be the greater of $12,500,000 or the total amount of credits awarded in the most recent state fiscal year multiplied by 120%. Eliminates the expiration provisions in current law for the venture capital investment tax credit. Provides that a taxpayer may assign all or part of a venture capital investment tax credit. Specifies certain restrictions on the assignment of a venture capital investment tax credit. Provides that the issuance or assignment of a certificate or tax credit under the venture capital investment tax credit is not subject to the Indiana securities law. Provides that an acute care hospital is entitled to a credit against the hospital’s adjusted gross income tax liability equal to 50% of the property taxes paid in Indiana. (The current credit is equal to 10% of the property taxes paid in Indiana.) Provides that the amount of any unused credit may be claimed as a refundable tax credit. Repeals requirements for estimates of local income tax certified distributions by the budget agency. Changes the name of the next generation trust and trust fund to the next level Indiana trust and trust fund. Establishes the next level Indiana board to be the trustee of the trust fund and to direct the investments of the trust. Provides broader investment powers to the trustee. Caps the investments that may be made by the next level Indiana trust fund at 50% for investments that maximize risk appropriate returns and that make significant investments in Indiana funds and companies. Removes obsolete provisions concerning the trust fund. Specifies that money in each horse breed development fund is continuously appropriated to make payments ordered by the horse racing commission. Specifies that the horse racing commission’s share of the money in the gaming integrity fund is continuously appropriated to carry out the purposes of the fund. Specifies that the money in the standardbred horse fund is continuously appropriated to carry out the purposes of the fund. Provides that a governmental entity may issue a request for information with respect to a public-private agreement: (1) to consider the factors involved in, the feasibility of, or the potential consequences of a contemplated project involving a public facility or transportation project; (2) to prepare a request for proposals; or (3) to evaluate any aspect of an existing public-private agreement. Provides that responses to a request for information are confidential unless confidentiality is waived in writing. Provides that the governmental entity issuing the request for information is not required to take any action after receiving a response to a request for information. Repeals provisions authorizing the Indiana finance authority to enter into a public-private agreement for communications systems infrastructure with a single offeror based solely on a request for information. Establishes the Indiana tourism task force to study the tourism departments of other states for the purposes of learning: (1) the structure of state tourism departments; (2) the level of funding provided to state tourism departments; and (3) the relationship between state funding of a state’s tourism department and the economic impact of tourism on the state. Merges the law enforcement academy building fund and the law enforcement training fund into the law enforcement academy fund with no changes to the funds’ uses. Allows the law enforcement academy to charge a fee to all users for training and corresponding marginal and fixed costs according to an annual cost and fee schedule approved by the budget director. Allows the academy to house and train law enforcement agencies from outside Indiana. Provides that deer research and management fund fee revenue, migratory waterfowl stamp revenue, and game bird restoration stamp revenue may be retained in the fish and wildlife fund if the budget agency finds that it would reduce the balance in the fish and wildlife fund below $3,000,000 at the end of the state fiscal year. Changes the expiration dates for the hospital assessment fee and the health facility quality assessment fee from June 30, 2017, to June 30, 2021. Modifies the replacement facility exemption for purposes of the prohibition on the approval of licensure of comprehensive care health facilities and comprehensive care beds, and extends the prohibition through June 30, 2023. Provides for an increase in the reimbursement
  Current Status:    3/1/2017 – Referred to Senate Appropriations
  State Bill Page:    HB1001
HB1009 SCHOOL FINANCIAL MANAGEMENT (COOK A) Eliminates the school general fund. Creates an education fund to be used as the exclusive fund to pay expenses allocated to student instruction and learning. Creates an operations fund to replace the capital projects fund, the transportation fund, the school bus replacement fund, an art association or a historical society fund, and the public playground fund. Allows transfers between the education fund and operations fund. Establishes a maximum levy for the operations fund based on the levies for capital projects, transportation, bus replacement, historical societies, art associations, and public playgrounds. Provides that the maximum operations fund levy is to be increased annually by the income based assessed value growth quotient. Provides new allowable expenditures from the operations fund to include all skilled trades, school maintenance vehicles, and contracted services related to buildings and grounds. Eliminates the requirement to publish the entire capital projects plan and school bus replacement plan. Removes the approval of the plans and appropriations by the department of local government finance. Eliminates various dedicated funds and moves the purpose for each of these funds to the education fund or operations fund. Creates the school corporation referendum controlled project tax levy fund to pay for projects approved by a voter referendum. Makes corresponding changes.
  Current Status:    2/20/2017 – Referred to Senate Appropriations
  State Bill Page:    HB1009
HB1036 MARION COUNTY JUDICIAL SELECTION (STEUERWALD G) Provides for the selection of Marion superior court (court) judges. Establishes the 14 member Marion County judicial selection committee (committee). Provides that, when the committee learns of a vacancy on the court, the committee follows certain procedures that conclude in the committee sending the names of three nominees to the governor. Requires the governor to appoint one of the nominees as judge to fill the vacancy. Provides that, at the end of a judge’s term on the court, the judge may have the question of the judge’s retention on the court placed on the general election ballot. Provides that, before a judge may stand for retention, the judge must appear before the committee to allow the committee to issue a recommendation to voters concerning the judge’s qualifications and suitability to continue to hold judicial office. Requires that the judge’s retention on the court must be approved or rejected by the electorate of Marion County. Makes a technical correction.
  Current Status:    2/20/2017 – Referred to Senate Judiciary
  State Bill Page:    HB1036
HB1084 EMERGENCY CONTACT DATA BASE (COOK A) Requires the bureau of motor vehicles (bureau) to create, maintain, and operate the Indiana emergency contact data base (data base). Requires a law enforcement officer to: (1) access the data base; and (2) attempt to contact emergency contact persons; within a reasonable amount of time after learning of death or serious bodily injury to an individual holding certain credentials issued by the bureau. Allows each credential holder to have not more than two emergency contact persons entered in the data base. Provides that information contained in the data base is confidential and exempt from disclosure or public inspection. Requires the data base to be operational and accessible to law enforcement officers not later than July 1, 2019.
  Current Status:    2/23/2017 – Referred to Senate Homeland Security and Transportation
  State Bill Page:    HB1084
HB1130 PROTECTIONS FOR STUDENT JOURNALISTS (CLERE E) Provides freedom of speech and freedom of press protections for grades 5 through 2 and state educational institution student journalists. Requires school corporations and state educational institutions to adopt policies concerning student journalist protections. Provides that a public school, school corporation, or state educational institution may not suppress school sponsored media unless the content is libelous or slanderous or gratuitously profane. Provides that school sponsored media produced by student journalists is a public forum for expression by student journalists. Provides that public schools, school corporations, and state educational institutions do not incur any liability for school sponsored media produced by a student journalist.
  Current Status:    2/23/2017 – Referred to Senate Education and Career Development
  State Bill Page:    HB1130
HB1189 CRIME REPORTING REQUIREMENTS (OBER D) Requires local law enforcement agencies to provide criminal justice data to the Indiana state police. Requires local law enforcement agencies to participate in a statewide uniform crime report program with the National Incident Based Reporting System (NIBRS). Requires the criminal justice data division of the state police department to report crime statistics to the governor semiannually (rather than annually, as required under current law).
  Current Status:    2/23/2017 – Referred to Senate Corrections and Criminal Law
  State Bill Page:    HB1189
HB1237 GRAIN BUYERS AND WAREHOUSE LICENSING (LEHE D) Adds and amends various definitions for purposes of the grain buyers and warehouse licensing laws. Amends notice that is required on contracts for the purchase of grain from producers. Allows the director of the grain buyers and warehouse licensing agency (agency) to designate an administrative law judge to act for the director in the administration of the licensing laws. Allows the director of the agency (director) to issue subpoenas and orders to compel production of records. Allows the agency to send license renewal applications electronically. Requires certain applicants to designate a statutory agent. Requires the director to provide certain information to the grain indemnity board (board). Allows the director’s designated representative to perform certain functions of the director. Allows certain claimants that are subject to court proceedings one year to file a claim. Specifies that producers who have not requested a refund from the program after June 30, 2015, are participants in the grain indemnity program. Changes the future coverage period from 12 months to 15 months. Requires the director to inform the grain indemnity corporation of certain notices and orders issued and actions taken against licensees. Requires the director to consider certain claims due to depositors for a specified period of time. Adds and amends definitions for purposes of the grain indemnity laws. Specifies when claims may be considered. Requires the grain indemnity board to develop certain educational information for producers. Allows partial payments to claimants who are not appealing while appeals are pending.
  Current Status:    2/23/2017 – Senator Boots added as second sponsor
  State Bill Page:    HB1237
HB1272 LOCAL GOVERNMENT MATTERS (NEGELE S) Provides that if a newspaper or locality newspaper does not refuse to publish a timely notice, but subsequently fails to publish it, notice is nonetheless sufficient if the notice is timely posted: (1) in printed form, in three prominent places in the political subdivision; or (2) on the political subdivision’s Internet web site. Increases the amount of debt that a municipal sewage works or sanitation department can write off as uncollectable.
  Current Status:    2/20/2017 – Referred to Senate Local Government
  State Bill Page:    HB1272
HB1431 EXECUTIVE SESSIONS (GIAQUINTA P) Provides that a governing body may admit to an executive session of the governing body an individual who has been elected to the governing body but has not been sworn in as a member of the governing body. Makes a technical correction.
  Current Status:    2/23/2017 – Referred to Senate Local Government
  State Bill Page:    HB1431
HB1470 GOVERNMENT INFORMATION (OBER D) Provides that the general assembly and the legislative services agency on behalf of the general assembly have the authority to obtain all information held by an Indiana government entity regardless of form of the information. Establishes the management performance hub as an agency within the executive department of state government to do the following: (1) Establish and maintain a program to collect, analyze, and exchange data in carrying out the powers and duties of the OMB and the powers and duties of state agencies. (2) In accordance with state privacy laws, establish and maintain a program to make data available to agencies, political subdivisions, researchers, and for public consumption. (3) Establish privacy and quality policies for state data that comply with all applicable Indiana and federal laws, rules, and policies. (4) Establish and maintain a program to ensure the security of state data. (5) Conduct operational and procedural audits of state agencies. (6) Perform financial planning and design and implement efficiency projects. (7) Advise and assist state agencies to identify and implement continuous process improvement in state government. Repeals the statute that establishes the Indiana workforce intelligence system. Makes conforming amendments.
  Current Status:    2/27/2017 – Referred to Senate Commerce and Technology
  State Bill Page:    HB1470
HB1523 SEARCH FEE FOR PUBLIC RECORDS REQUESTS (RICHARDSON K) Allows a state or local government agency (agency) to charge a maximum hourly fee for any records search that exceeds two hours. Prohibits, with certain exceptions, an agency from charging a fee for providing a public record by electronic mail. Provides that if a public record is in an electronic format, an agency (excluding the office of the county recorder) shall provide an electronic copy or a paper copy, at the option of the person making the request for a public record.
  Current Status:    2/23/2017 – Referred to Senate Local Government
  State Bill Page:    HB1523
HB1622 RECORD OF COUNTY AND MUNICIPALITY VOTES (SPEEDY M) Requires a county or municipality that maintains an Internet web site to post on the web site the roll call votes of the executive and fiscal body (of a county) and the legislative body (of a municipality) within 24 hours after the vote is taken and to maintain the roll call vote information on the web site for four years.
  Current Status:    2/23/2017 – Referred to Senate Local Government
  State Bill Page:    HB1622
SB112 HOSPITAL POLICE DEPARTMENTS (KRUSE D) Defines “health system”. Allows for health systems to establish police departments. Expands the area in which hospital police officers may exercise police powers.
  Current Status:    1/24/2017 – Cosponsors: Representatives Smaltz, Ober and GiaQuinta
  State Bill Page:    SB112
SB120 PLEA AGREEMENTS AND SENTENCING (KOCH E) Removes a provision excluding a plea agreement, a presentence report, and hearings on a plea agreement from the official record of a case unless the plea agreement is accepted by the court. Removes a provision requiring that a trial court advise a convicted defendant of the earliest release date and the maximum possible release date at the time the court pronounces the defendant’s sentence, and requires the court to advise certain convicted defendants of the number of days the defendant served while awaiting trial and sentencing.
  Current Status:    2/28/2017 – Referred to House Courts and Criminal Code
  State Bill Page:    SB120
SB285 STUDY COMMITTEE (TOMES J) Urges the legislative council to assign to the appropriate interim study committee the topic of a unit’s use of law enforcement to respond to a mass traffic obstruction.
  Current Status:    3/1/2017 – Referred to House
  State Bill Page:    SB285
SB299 OFFENSES INVOLVING UNMANNED AERIAL VEHICLES (KOCH E) Amends the definition of “unmanned aerial vehicle” to specify that the term includes: (1) an unmanned aircraft and an unmanned aircraft system; and (2) a small unmanned aircraft and a small unmanned aircraft system; all as defined in federal law. Creates the following new criminal offenses involving the use of an unmanned aerial vehicle as Class A misdemeanors: (1) Sex offender unmanned aerial vehicle offense. (2) Public safety remote aerial interference. (3) Remote aerial voyeurism. (4) Remote aerial harassment. Provides that the offenses are Level 6 felonies if the accused person has a prior unrelated conviction for the same offense. Provides that it is not a defense to a prosecution for invasion of privacy that the accused person used or operated an unmanned aerial vehicle in committing the violation.
  Current Status:    3/1/2017 – Referred to House
  State Bill Page:    SB299
SB309 DISTRIBUTED GENERATION (HERSHMAN B) Requires: (1) the utility regulatory commission (IURC) to post a summary of the results of the IURC’s most recent periodic review of the basic rates and charges of an electricity supplier on the IURC’s Internet web site; and (2) the electricity supplier subject to the review to provide a link on the electricity supplier’s Internet web site to the IURC’s posted summary. Amends the statute concerning alternate energy production, cogeneration, and small hydro facilities to: (1) include in the definition of a “private generation project” certain cogeneration facilities that: (A) are located on the same site as the host operation; or (B) are located on or contiguous to the site of the host operation and are directly integrated with the host operation; (2) define an “eligible facility” for purposes of the statute; and (3) include organic waste biomass facilities within the definition of an “alternative energy production facility”. Specifies that an electric utility or a steam utility is not required to distribute, transmit, deliver, or wheel electricity from a private generation project. Requires the IURC to: (1) review the rates charged by electric utilities for backup power to eligible facilities and for purchases of power from eligible facilities; (2) identify the extent to which the rates meet specified criteria; and (3) report the IURC’s findings to the interim study committee on energy, utilities, and telecommunications; not later than November 1, 2018. Provides that before granting a certificate of public convenience and necessity for the construction of an electric facility with a generating capacity of more than 80 megawatts, the utility regulatory commission (IURC) must find that the applicant allowed or will allow third parties to submit firm and binding bids for the construction of the proposed facility. Provides that a public utility that: (1) installs a wind, a solar, or an organic waste biomass project with a nameplate capacity of not more than 50,000 kilowatts; and (2) uses for the project a contractor that is: (A) subject to Indiana unemployment taxes; and (B) selected by the public utility through a competitive procurement process; is not required to obtain a certificate of public convenience and necessity for the project from the IURC. Provides that a net metering tariff of an electricity supplier (other than a municipally owned utility or a rural electric membership corporation) must remain available to the electricity supplier’s customers until: (1) the aggregate amount of net metering facility nameplate capacity under the tariff equals at least 1.5% of the electricity supplier’s most recent summer peak load; or (2) July 1, 2022; whichever occurs earlier. Requires the IURC to amend its net metering rule, and an electricity supplier to amend its net metering tariff, to: (1) increase the limit on the aggregate amount of net metering capacity under the tariff to 1.5% of the electricity supplier’s most recent summer peak load; and (2) reserve 40% of the capacity under the tariff for residential customers and 15% of the capacity for customers that install an organic waste biomass facility. Provides that a customer that installs a net metering facility on the customer’s premises after June 30, 2017, and before the date on which the net metering tariff of the customer’s electricity supplier terminates under the bill, shall continue to be served under the net metering tariff until: (1) the customer no longer owns, occupies, or resides at the premises on which the net metering facility is located; or (2) July 1, 2032; whichever occurs earlier. Provides that a customer that installs a net metering facility on the customer’s premises before July 1, 2017, and that is participating in an electricity supplier’s net metering tariff on July 1, 2017, shall continue to be served under the terms and conditions of the net metering tariff until: (1) the customer no longer owns, occupies, or resides at the premises on which the net metering facility is located; or (2) July 1, 2047; whichever occurs earlier. Provides that an electricity supplier shall procure only the excess distributed generation produced by a customer. Provides that the rate for excess distributed generation procured by an electricity supplier must equal the product of: (1) the average marginal price of electricity paid by the electricity supplier during the most recent calendar year; multiplied by (2) 1.25. Provides that: (1) an electricity supplier may request that the rate for excess distributed generation be set by the IURC at a rate equal to the average marginal price of electricity during the most recent calendar year; and (2) the IURC shall approve such a rate if the IURC determines that the breakeven cost of distributed generation effectively competes with the cost of generation produced by the electricity supplier. Provides that an electricity supplier shall compensate a customer for excess distributed generation through a credit on the customer’s monthly bill. Provides that the IURC may approve an electricity supplier’s request to recover energy delivery costs from customers producing distributed generation if the IURC finds that the request: (1) is reasonable; and (2) does not result in a double recovery of energy delivery costs from customers producing distributed generation.
  Current Status:    2/28/2017 – Referred to House
  State Bill Page:    SB309
SB350 PROPERTY TAX ASSESSMENT (ECKERTY D) Provides, with limited exceptions, that: (1) the only factor permitted to be used in changing the assessed value of most real property from year to year is the annual adjustment factor; and (2) an assessing official may not change the real property’s underlying parcel characteristics (including age, grade, or condition of the real property) until the real property has been reassessed under the county’s reassessment plan, there is a change in an objective factor or feature relating to a property, or there is a need to correct an error. Provides a process that must be followed by an assessing official who wishes to apply an exception. Permits a taxpayer to name an attorney in fact who may take the place of the taxpayer under the property tax laws, including appeals. Allows a taxpayer alone to stipulate to an assessed value determined by an Indiana registered appraiser. Provides that the office of the assessing official and taxpayer each pay 50% of the appraisal costs. Makes conforming changes.
  Current Status:    2/28/2017 – Senator Zakas added as coauthor
  State Bill Page:    SB350
SB501 PROPERTY TAXES (FREEMAN A) Makes procedural changes and technical corrections to various property tax provisions in the Indiana Code that relate to property tax assessments, reviews, appeals, and refunds. Provides that Jennings Township in Fayette County may increase its maximum township unit levy and its maximum levy for fire protection and emergency services for 2018. Limits the increase to what each of these levies would be for 2018 if the township had imposed the maximum amount for each of these levies for 2004 and thereafter. Provides that the new maximum levies are used in the calculation of maximum levies for the following years. Allows a church that meets certain conditions and that missed the applicable deadline to claim a property tax exemption for the 2011 assessment date to file an application to claim the exemption.
  Current Status:    2/28/2017 – Referred to House Ways and Means
  State Bill Page:    SB501
SB505 RECORDING OF DOCUMENTS (BRAY R) Changes the amounts and distribution of recording fees. Sets a statutory fee for bulk form copies of 10 cents per copy of a recorded document and 10 cents per recorded document for a copy of the indices. Allows a fee set by ordinance in an amount of up to 20 cents per copy and per recorded document if the county executive finds that the costs incurred by the county recorder exceed the amount of the statutory fee. Requires a recipient of bulk form copies (bulk user) to enter into a contract with the county recorder as a prerequisite to receiving bulk form copies. Allows a bulk user that meets certain requirements to charge its customers a fee for using bulk form copies but not sell or transfer copies of recorded documents to another party. Adds the Uniform Real Property Electronic Recording Act that provides, effective January 1, 2018, that for purposes of recording: (1) an electronic document satisfies any legal requirement for an original paper document or other medium; and (2) an electronic signature satisfies a legal requirement that a document must be signed, notarized, acknowledged, or verified. Creates the electronic recording commission to adopt standards before January 1, 2018, to implement the Uniform Real Property Electronic Recording Act. Provides that a recorded memorandum of contract serves as evidence of and provides notice of the existence of the contract. Replaces, throughout IC 36, gender specific words with gender neutral words.
  Current Status:    2/28/2017 – Referred to House
  State Bill Page:    SB505