HB1001
BIENNIAL BUDGET (BROWN T) Appropriates money for capital expenditures, the operation of the state, the delivery of Medicaid and other services, and various other distributions and purposes. Provides for the determination of state funding of public schools for state fiscal year 2015-2016 and state fiscal year 2016-2017. Specifies higher education capital projects authorized to be constructed using bonds. Provides $5,000,000 from a 2013 appropriation for the health and safety contingency fund to rehabilitate a state owned building to be used to provide services to Indiana’s veterans. The remainder of the digest will be the digest from the back end PD to be logged later.
Current Status:
1/10/2017 – Referred to House Ways and Means
State Bill Page:
HB1001
HB1014
REDISTRICTING COMMISSION (TORR J) Establishes a redistricting commission (commission) to create, hold hearings on, take public comment about, and recommend plans to redraw general assembly districts and congressional districts. Requires the legislative services agency (agency) to provide staff and administrative services to the commission. Establishes standards to govern the commission and the agency in the creation of redistricting plans. Provides that the general assembly must meet and enact redistricting plans before October 1 of a redistricting year. Authorizes the general assembly to convene in a session to act on redistricting bills at times other than the times the general assembly is currently authorized to meet. Repeals the current law establishing a redistricting commission for congressional redistricting. (The introduced version of this bill was prepared by the special interim study committee on redistricting.)
Current Status:
1/4/2017 – Referred to House Elections and Apportionment
State Bill Page:
HB1014
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:
1/25/2017 – House Courts and Criminal Code, (Bill Scheduled for Hearing)
State Bill Page:
HB1036
HB1084
EMERGENCY CONTACT DATA BASE (COOK A) Requires a law enforcement officer to: (1) access the Indiana emergency contact data base (data base); and (2) attempt to contact emergency contact persons (emergency contacts); within a reasonable amount of time after learning of death or serious bodily injury to an individual holding certain credentials issued by the bureau of motor vehicles (credential holder). Provides civil immunity to a law enforcement officer who makes a good faith effort to: (1) access the data base; and (2) attempt to contact a credential holder’s emergency contacts. Extends civil immunity to the law enforcement agency employing a responding law enforcement officer when the officer makes a good faith effort to: (1) access the data base; and (2) attempt to contact the credential holder’s emergency contacts. Requires the bureau of motor vehicles (bureau) to create, maintain, and operate the data base. Requires the bureau to allow credential holders to voluntarily submit information for not more than two emergency contacts whenever a credential is: (1) applied for; or (2) renewed. Requires an emergency contact to be: (1) at least 18 years of age; and (2) in possession of at least one valid credential. Limits emergency contacts to parents or guardians when credential holders are unemancipated minors. Allows a credential holder to: (1) delete; (2) submit; or (3) update; emergency contact information for an emergency contact at any time. Requires a credential holder to provide the bureau with the following information regarding an emergency contact: (1) Name. (2) Date of birth. (3) Residential address. (4) Phone number. (5) Description of the relationship with the credential holder. Prohibits the bureau from assessing a fee against a credential holder for any service related to the data base. Provides that information contained in the data base is confidential and exempt from disclosure or public inspection. Creates certain exceptions. Provides the bureau with immunity from civil liability for issues related to the data base in certain circumstances. Provides the bureau with rulemaking authority for issues related to the creation, maintenance, and operation of the data base and all associated paperwork and protocols. Requires the data base to be operational and accessible to law enforcement officers not later than July 1, 2019. Defines certain terms.
Current Status:
1/12/2017 – Representatives Mahan and Wright added as coauthors
State Bill Page:
HB1084
HB1130
PROTECTIONS FOR STUDENT JOURNALISTS (CLERE E) Provides freedom of speech and freedom of press protections for kindergarten through grade 12 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.
Current Status:
1/5/2017 – Referred to House Education
State Bill Page:
HB1130
HB1150
PRESCRIPTION DRUG COST REPORTING (TAYLOR III J) Requires the office of the secretary of family and social services to identify any prescription drug under the Medicaid program for which the annual wholesale cost or the per course cost of treatment of the drug is at least $10,000, and directs the office to notify the manufacturer that the manufacturer is required to prepare a report on the drug to the drug utilization review board (board). Specifies requirements of the report. Authorizes the board to request additional information, establish forms, and specify other requirements that a manufacturer must meet in the filing of the report. Requires the board to: (1) keep proprietary information confidential; and (2) summarize the submitted reports and submit a report to the general assembly for inclusion on the general assembly’s Internet web site.
Current Status:
1/9/2017 – Referred to House Public Health
State Bill Page:
HB1150
HB1172
COMPETITIVE PROCUREMENT BY ELECTRIC UTILITIES (NEGELE S) Requires an electric utility that applies to the Indiana utility regulatory commission (IURC) to: (1) construct, purchase, or lease a generating facility with a generating capacity of more than 50 megawatts (MW); (2) enter a contract to purchase for at least one year electric capacity of more than 50 MW; (3) recover certain costs related to electricity generation; or (4) convert the fuel source of a generating facility; to solicit competitive bids from alternative suppliers of the same resource or from suppliers of alternative resources. Specifies that the requirement to solicit competitive bids does not apply to rural electric membership corporations. Removes a provision allowing a utility to revise, as part of an ongoing review by the IURC, original cost estimates for the construction of a generating facility. Repeals a provision allowing a utility to recover through its rates, and under specified circumstances, actual costs incurred in the construction of a generating facility. Provides that if: (1) the IURC disapproves all or part of the construction or cost of a facility under review; or (2) a utility cancels the facility; the commission may address reasonable cost recovery by the utility. Provides that with respect to an approved purchased power or purchased capacity agreement, a utility may recover, through a periodic rate adjustment mechanism, only those costs that are prudently incurred. Provides that a utility: (1) may recover the estimated costs for a facility if the facility operates in accordance with its certificate of public convenience and necessity; and (2) may not recover costs exceeding the estimated costs unless the additional costs were prudently incurred and due to exceptional circumstances. Makes a technical change.
Current Status:
1/9/2017 – Referred to House Utilities, Energy and Telecommunications
State Bill Page:
HB1172
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:
1/10/2017 – Referred to House Veterans Affairs and Public Safety
State Bill Page:
HB1189
HB1193
APPOINTMENT OF STATE OFFICERS (OBER D) Provides for the appointment of the attorney general by the governor after January 10, 2021. Provides for the state superintendent of public instruction to be appointed by the governor after January 10, 2021. Requires the governor to appoint the state superintendent from a list of three nominations submitted to the governor by the state board of education. Makes conforming and technical amendments.
Current Status:
1/10/2017 – Referred to House Judiciary
State Bill Page:
HB1193
HB1248
COUNTY COMMISSIONERS’ MEETINGS (KARICKHOFF M) Provides that a gathering of the members of the county executive body is not a meeting for purposes of the open door law, if the county executive body performs only routine administrative functions involving the everyday internal management of the county.
Current Status:
1/10/2017 – Referred to House Government and Regulatory Reform
State Bill Page:
HB1248
HB1262
VIDEO GAMING TERMINALS AND CHARITY GAMING (CLERE E) Authorizes wagering on video gaming terminals in certain establishments. Establishes a licensing structure for participants in video gaming. Imposes a video gaming wagering tax of 30% of adjusted gross receipts. Allows an operator of or a worker at a charity gaming event (other than a full-time employee of the qualified organization conducting the event) to receive remuneration for conducting or assisting in conducting the event. Provides that meals, recognition dinners, and social events for operators and workers are permitted if they do not constitute an unreasonable expenditure in the conduct of an allowable event.
Current Status:
1/10/2017 – Referred to House Public Policy
State Bill Page:
HB1262
HB1264
REGULATION OF VALUABLE METAL TRANSACTIONS (GUTWEIN D) Requires, after December 31, 2017, a valuable metal dealer (dealer) to enter into a registry established and maintained by the state police department certain information concerning a valuable metal purchase transaction. Makes it a Class A infraction to fail to enter the required information into the registry within 24 hours of the valuable metal purchase transaction. Makes it a Class C misdemeanor instead of a Class A infraction for a dealer to knowingly or intentionally fail to comply with the law concerning regulation of dealers. Makes it a Class C misdemeanor instead of a Class A infraction for a person to knowingly or intentionally sell or attempt to sell valuable metal to a dealer that fails to comply with the law concerning regulation of dealers. Requires the secretary of state to revoke a person’s license issued under the law concerning licensing of vehicle salvaging if the person has at least three criminal convictions for violating the law concerning dealers. Relocates language specifying that a dealer may not accept a damaged beer keg under certain circumstances.
Current Status:
1/10/2017 – Referred to House Courts and Criminal Code
State Bill Page:
HB1264
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:
1/10/2017 – Referred to House Government and Regulatory Reform
State Bill Page:
HB1272
HB1305
ELECTRONIC REPORTING OF VALUABLE METAL PURCHASES (GUTWEIN D) Transfers the authority to regulate valuable metal dealers from the state police department to the state department of homeland security (DHS). Requires a metals business (an automobile scrapyard, automotive salvage recycler, core buyer, recycling facility, or valuable metal dealer) to electronically submit daily reports to the DHS concerning its valuable metal purchases. Requires the DHS to maintain ownership and control of the computer software system used for the electronic reporting and to retain the information for at least two years. Declares the information submitted electronically to be confidential but requires that the information be made available to law enforcement agencies. Makes a metals business immune from civil liability arising from the disclosure of information concerning valuable metal purchases if the information is disclosed through a computer system breach and if the breach is caused by a person other than, and without the knowledge or consent of, the metals business. Makes it a Class A misdemeanor for a metals business to knowingly or intentionally fail to comply with record keeping or reporting requirements. Makes it a Class A misdemeanor for a person to recklessly sell or attempt to sell stolen valuable metal to a metals business. Requires the executive director of the DHS to adopt rules concerning the electronic reporting of valuable metal purchases. Precludes a unit of local government from adopting an ordinance to regulate metals businesses. Includes a statement by which the general assembly covenants not to repeal or amend the law on valuable metal purchases, except for technical corrections or increases in penalties for violations, before July 1, 2027.
Current Status:
1/10/2017 – Referred to House Commerce, Small Business and Economic Development
State Bill Page:
HB1305
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:
1/17/2017 – Referred to House Local Government
State Bill Page:
HB1431
HB1452
SERVICE OF PROCESS FEE (MAYFIELD P) Eliminates the ability of the legislative body of a county to adopt by ordinance a separate schedule of document fees. Provides that the service of process fee is $38. (Under current law the fee is $25.) Allows a sheriff to charge $73 for service of process outside of Indiana. (Under current law the fee is $60.) Provides that a clerk shall charge a $5 fee for a certificate under seal attached in authentication of a copy of any record, paper, or transcript. (Under current law the fee is $1.) Repeals the $13 fee for a verified claim of service by a sheriff.
Current Status:
1/18/2017 – Referred to House Courts and Criminal Code
State Bill Page:
HB1452
HB1470
MANAGEMENT OF GOVERNMENT DATA (OBER D) Establishes the management and performance hub as an agency within the executive department of state government to: (1) manage the open data web site; and (2) coordinate the state’s open data program. Establishes general standards for state and local government data. Provides that a government entity should strive to make its data in a machine readable and open format. Establishes the government data policy committee to: (1) develop standards for data collection by state agencies in a machine readable and open format; (2) develop a comprehensive strategy and architecture for use of open data by government entities; (3) adopt a system of best practices for maintaining confidentiality of personal and private information; and (4) establish a tiered classification scheme for access to government data. Establishes the open data web site to be maintained by the management and performance hub. Recodifies existing statutes relating to establishing and maintaining existing state government data web sites. Makes conforming amendments. Repeals the existing statutes relating to these state government data web sites. Repeals the statute that establishes the Indiana workforce intelligence system.
Current Status:
1/18/2017 – Representative Mahan added as coauthor
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:
1/18/2017 – Referred to House Government and Regulatory Reform
State Bill Page:
HB1523
HB1590
EDUCATION MATTERS (LUCAS J) Provides a $1,000 state income tax credit for an individual who is a licensed K-12 classroom teacher with respect to state income taxes on the income earned from the individual’s employment as a classroom teacher. Replaces the ISTEP test program with an assessment program developed by the state board of education (state board) and the department of education. Specifies that the assessment program may not include measures or requirements that exceed measures and requirements in the federal Every Student Succeeds Act (ESSA). Changes the definition of a probationary and professional teacher. Expands the definition of an eligible student for purposes of receiving a choice scholarship to include any student who is at least five years of age and less than 22 years of age and has legal settlement in Indiana. Repeals provisions requiring a school corporation to develop and implement an annual teacher performance evaluation plan. Provides that, not later than July 1, 2018, the state board shall establish new categories or designations of school performance. Provides that the new standards of assessing school performance may not: (1) use an “A through F” grading scale; (2) use statewide assessment program test results as the primary means to assess school performance; and (3) include requirements or measures other than requirements or measures authorized under ESSA. Makes conforming and technical amendments.
Current Status:
1/23/2017 – Referred to House Education
State Bill Page:
HB1590
HB1616
PROBATION OFFICERS’ BODY CAMERAS (TAYLOR III J) Provides that a court may allow a probation officer to use a body worn camera in the performance of the probation officer’s official duties. Provides that disclosure and retention of a probation officer’s body camera recordings are subject to the rules of the Indiana supreme court. Requires that the minimum standards of the board of directors of the judicial conference of Indiana concerning the disclosure and protection of probation records must include standards concerning a probation officer’s body worn camera recordings.
Current Status:
1/23/2017 – Referred to House Government and Regulatory Reform
State Bill Page:
HB1616
HB1622
RECORD OF CITY AND TOWN COUNCIL VOTES (SPEEDY M) Requires the clerk of a city or town that maintains an Internet web site to post on the web site the roll call votes of the legislative body 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:
1/23/2017 – Referred to House Government and Regulatory Reform
State Bill Page:
HB1622
SB7
MEDIA PRODUCTION EXPENDITURE TAX CREDIT (RANDOLPH L) Reestablishes the media production expenditure tax credit (which expired in 2012), with certain changes. Provides a refundable tax credit to taxpayers that make qualified production expenditures in Indiana. Provides that the tax credit may be granted only if qualified production expenditures are at least $50,000. Provides that in the case of a taxpayer that claims the tax credit for qualified production expenditures of less than $6,000,000, the amount of the credit equals a percentage of the taxpayer’s qualified production expenditures. Specifies that the percentage is: (1) 40%, in the case of qualified production expenditures paid to an individual or entity located in an economically distressed municipality or county; or (2) 35%, in the case of other qualified production expenditures. Provides that in the case of a taxpayer that claims the tax credit for qualified production expenditures of at least $6,000,000: (1) the amount of the credit equals the taxpayer’s qualified production expenditures multiplied by a percentage (not more than 15%) determined by the Indiana economic development corporation (IEDC); and (2) the taxpayer must, before incurring or making the qualified production expenditures, apply to the IEDC for approval of the tax credit. Provides that the maximum amount of media production expenditure tax credits that may be allowed during a state fiscal year for all taxpayers is $2,500,000. Specifies that these tax credits may not be awarded for a taxable year ending after December 31, 2020.
Current Status:
1/17/2017 – Senator Ford added as second author
State Bill Page:
SB7
SB24
PUBLICATION OF NOTICE (RANDOLPH L) With certain exceptions, requires publication of notices regarding a decedent’s estate in a newspaper published and circulating in the county where the decedent died, in addition to the county in which the court having probate jurisdiction is located. Makes stylistic changes.
Current Status:
1/3/2017 – Referred to Senate Judiciary
State Bill Page:
SB24
SB67
ANNUAL CUSTOMER REPORTS BY ENERGY UTILITIES (BREAUX J) Requires a public or municipally owned electric or natural gas utility to annually report to the Indiana utility regulatory commission (IURC) certain data concerning customer accounts and low income customer accounts. Provides that: (1) a utility shall report all required information in the aggregate and in a manner that does not identify individual customers and low income customers; and (2) the IURC may not require utilities to disclose confidential and proprietary business information without adequate protection of the information. Authorizes the IURC to adopt rules and emergency rules to implement these provisions. Provides that, beginning in 2017, the IURC shall annually compile and summarize the information received from utilities for the most recent reporting period and include the IURC’s summary of the information in the IURC’s annual report to the interim study committee on energy, utilities, and telecommunications.
Current Status:
1/3/2017 – Referred to Senate Utilities
State Bill Page:
SB67
SB74
INVESTIGATION OF OVERDOSE DEATHS (MERRITT J) Requires a coroner as part of an investigation into the death of a decedent who is at least 13 years of age, to: (1) have a drugs of abuse panel performed to detect the presence of schedule I and schedule II controlled substances; and (2) forward the test results to the state department of health. Creates an account in the state general fund, administered by the state department of health, to reimburse a coroner for the cost of performing the drugs of abuse panels. Requires the coroner’s training board to provide instruction to coroners and deputy coroners regarding investigation and reporting of drug overdose deaths.
Current Status:
1/23/2017 – Committee Report amend do pass adopted; reassigned to Committee on Appropriations
State Bill Page:
SB74
SB79
MARION COUNTY COURTS (MERRITT J) 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:
1/17/2017 – Senator Ruckelshaus J added as second author
State Bill Page:
SB79
SB108
EDUCATION MATTERS (KRUSE D) Provides that when a school corporation authorizes an absence to permit a student to attend any educationally related nonclassroom activity, the student may not be recorded as being absent on any date for which the excuse is operative and may not be penalized by the school. Provides that an initial school improvement plan must be established and approved by the governing body not later than August 1 of the school year in which the plan is to be implemented. Eliminates the requirement that the department of education (department) must publish a model compensation plan. Eliminates a requirement that each school corporation shall submit its local compensation plan to the department. Eliminates a requirement that the department must publish the local compensation plans on the department’s Internet web site. Removes requirements that the: (1) department shall report any noncompliance of a school that fails to submit its compensation plan; and (2) state board of education (state board) shall take appropriate action to ensure compliance. Makes changes to the time frame, from four to six years, in which the state board may take over a failing school. Provides that a principal or superintendent, or the principal’s or superintendent’s designee, may recommend an individual to participate in the Indiana high school equivalency diploma program.
Current Status:
1/25/2017 – Senate Education and Career Development, (Bill Scheduled for Hearing)
State Bill Page:
SB108
SB111
SCHOOL CALENDAR (KRUSE D) Prohibits public schools from beginning student instructional days for the school year before the Tuesday after the first Monday in September (Labor Day), beginning with the 2019-2020 school year. Provides that a governing body may establish a beginning date before Labor Day for year-round schools, schools with balanced calendars, schools that coordinate calendars with a postsecondary educational institution, and schools that coordinate calendars with a large employer in the school corporation, following a public hearing and a majority vote of the governing body. Makes the change effective for collective bargaining agreements and contracts negotiated after June 30, 2019.
Current Status:
1/4/2017 – Referred to Senate Appropriations
State Bill Page:
SB111
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 – Senate Bills on Third Reading
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.
Current Status:
1/25/2017 – Senate Judiciary, (Bill Scheduled for Hearing)
State Bill Page:
SB120
SB255
MEDICAL MARIJUANA (TALLIAN K) Establishes a medical marijuana program (program), and permits caregivers and patients who have received a physician recommendation to possess a certain quantity of marijuana for treatment of certain medical conditions. Establishes the department of marijuana enforcement (DOME) as a state agency to oversee the program, and creates the DOME advisory committee to review the effectiveness of the program and to consider recommendations from DOME. Authorizes DOME to grant research licenses to research facilities with a physical presence in Indiana. Repeals the controlled substance excise tax and the marijuana eradication program. Makes conforming amendments.
Current Status:
1/9/2017 – Referred to Senate Tax and Fiscal Policy
State Bill Page:
SB255
SB278
REDISTRICTING COMMISSION (LANANE T) Establishes a redistricting commission (commission) to create, hold hearings on, take public comment about, and recommend plans to redraw general assembly districts and congressional districts. Requires the legislative services agency (agency) to provide staff and administrative services to the commission. Establishes standards to govern the commission and the agency in the creation of redistricting plans. Provides that the general assembly must meet and enact redistricting plans before October 1 of a redistricting year. Authorizes the general assembly to convene in a session to act on redistricting bills at times other than the times the general assembly is currently authorized to meet. Repeals the current law establishing a redistricting commission for congressional redistricting. (The introduced version of this bill was prepared by the special interim study committee on redistricting.)
Current Status:
1/9/2017 – Referred to Senate Elections
State Bill Page:
SB278
SB285
TRAFFIC OBSTRUCTION BY PROTESTORS (TOMES J) Defines “mass traffic obstruction” and “responsible public official”. Requires a responsible public official to, not later than 15 minutes after the responsible public official learns of a mass traffic obstruction, dispatch all available law enforcement personnel with instructions to clear the roads of persons unlawfully obstructing vehicular traffic.
Current Status:
1/18/2017 – Senate Local Government, (Bill Scheduled for Hearing)
State Bill Page:
SB285
SB299
OFFENSES INVOLVING UNMANNED AERIAL VEHICLES (KOCH E) Amends the definition of “unmanned aerial vehicle” throughout the Indiana Code 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:
1/9/2017 – Referred to Senate Corrections and Criminal Law
State Bill Page:
SB299
SB326
PRODUCER RECYCLING OF WASTE PACKAGING AND PAPER (STOOPS M) Requires every producer of a product or material that results in waste packaging or waste printed paper to register with the department of environmental management (department) and, either singly or jointly with one or more other producers, to submit to the department for approval a producer recycling program plan under which the producer or group of producers will provide for or finance the recycling of packaging and printed paper. Provides that a proposed producer recycling program plan must include a description of the methods by which packaging and printed paper will be collected from households in a convenient manner in all parts of Indiana and recycled, an explanation of how the plan will be financed, and other contents. Requires a producer or group of producers to solicit comments and input from stakeholders on its proposed producer recycling program plan. Provides that the department may require a producer or group of producers to revise a producer recycling program plan that does not meet the requirements of the law. Requires that a producer recycling program plan, once accepted by the department, be updated every two years. Establishes goals of: (1) recycling 50% of all household packaging and printed paper by July 1, 2023; and (2) recycling 60% of all household packaging and printed paper by July 1, 2026. Exempts a producer of packaging or printed paper with gross sales in Indiana of less than $250,000 per year from compliance with these requirements, and provides that a producer of packaging or printed paper with gross sales in Indiana of at least $250,000 but less than $500,000 is required to pay an annual fee to a producer recycling organization of not more than $750 but is not otherwise required to comply with these requirements.
Current Status:
1/9/2017 – Referred to Senate Environmental Affairs
State Bill Page:
SB326
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. Provides that the department of local government finance (DLGF) may impose a penalty on an assessing official who fails to follow the process or when the county property tax assessment board of appeals (PTABOA) finds that a request to apply an exception is not supported by the facts or a legal opinion. Creates the DLGF assessment supervision fund for the deposit of penalty revenue. Changes the standards for the crime for an assessing official or the DLGF who: (1) assesses any property at more or less than the proper assessed value to include intentionally or recklessly assessing; (2) fails to perform any of the duties under the general assessment provisions to include an intentional or reckless failure; or (3) violates any of the other general assessment provisions to include a knowing or intentional violation. Permits a taxpayer to file a complaint with the DLGF. Permits the DLGF to revoke a township or county assessor certification. Permits a property owner of record to appeal a property tax assessment at any time before July 1 of the year after the assessment date. Permits a taxpayer to name an attorney in fact who may take the place of the taxpayer under the property tax laws, including appeals. Requires an assessing official to schedule a preliminary conference within normal business hours and reschedule the conference to a time convenient to the taxpayer upon request. Requires evidence in a property tax appeal to be submitted at least 10 days before the PTABOA hearing. Requires an assessing official to show cause to the DLGF before a taxpayer may be required by the assessing official to post a bond or provide other security regarding a contested assessment. Provides that if a taxing official causes a lien to be placed against a property without obtaining the department’s approval, the taxing official commits a Class C infraction. 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. Specifies deadlines for the PTABOA to make decisions. Makes conforming changes.
Current Status:
1/10/2017 – Referred to Senate Appropriations
State Bill Page:
SB350
SB431
ECONOMIC DEVELOPMENT INCENTIVE ACCOUNTABILITY (MRVAN F) Adds various job and employee definitions to the Indiana economic development corporation (IEDC) laws. Requires that all records related to taxpayer funded economic development incentives must be disclosed under the open records law. Requires that the IEDC’s annual job creation incentives and compliance report must be published on the Indiana transparency portal Internet web site. Requires the IEDC and the department of state revenue to compile information on all job creation incentives granted, including the total amount of uncollected or diverted state tax revenues resulting from each incentive, and requires that this information must be included as part of the IEDC’s annual job creation incentives and compliance report. Requires the IEDC to recapture job creation incentives from a recipient that: (1) fails to make the level of capital investment; (2) fails to create or retain the promised number of jobs; or (3) pays less in wages; than specified in an incentive agreement. Requires the IEDC to compile information on all recapture activities and incentives recouped from unfulfilled commitments and to include the information as part of the IEDC’s annual job creation incentives and compliance report. Requires incentive recipients to prepare an annual compliance report on the number of jobs created or retained, employee pay, and various other information concerning the use of the incentives, and requires the IEDC to compile this information and include it in the IEDC’s annual job creation incentives and compliance report. Repeals and replaces the definition of “job creation incentive” without change to maintain alphabetical order.
Current Status:
1/12/2017 – Referred to Senate Commerce and Technology
State Bill Page:
SB431
SB465
SOLID WASTE MANAGEMENT DISTRICT TAXING POWER (BROWN L) Authorizes the legislative body of a county to do one, but not both, of the following: (1) Adopt an ordinance specifying that a solid waste management district (district) may not levy within the county a property tax that is first due and payable in 2018 or 2019. (2) Adopt an ordinance specifying that a district may not levy within the county a property tax that is first due and payable in 2019. Provides that no solid waste management districts may levy a property tax that is first due and payable after 2019, other than a property tax for preexisting debt. Specifies that the county fiscal body may adopt an ordinance to provide funding to the solid waste management district. Provides that after the date on which a district may no longer impose property taxes, the county may impose solid waste management fees on persons generating solid waste in the county. Provides that such fees may be imposed only: (1) as a flat charge for each residence that generates solid waste and each building that generates solid waste; or (2) as a user fee on a uniform basis on all residents and property owners that use solid waste collection services within the county. Provides that after the date on which a district may no longer impose property taxes, the district may not impose a fee or charge that is a flat charge for each residence or building in use in the county or that is otherwise imposed on a uniform basis on all residents or property owners. Provides that after May 15, 2017, a district may not issue waste management district bonds. Specifies that the authority of a district to issue waste management district bonds is transferred to the county or counties that are members of the district.
Current Status:
1/12/2017 – Referred to Senate Environmental Affairs
State Bill Page:
SB465
SB505
COUNTY RECORDER MATTERS (BRAY R) Amends the amounts and distribution of recording fees. Allows a maximum fee set by ordinance for providing bulk form copies of $0.10 (instead of $0.07) per page. Allows overhead costs to be included in the “actual cost” charged by the recorder for bulk form copies. Requires a contract with the county recorder as a prerequisite to receiving bulk form copies. Allows a county recorder to terminate a contract and refuse to provide bulk form copies to a person, including a commercial entity that has had a previous contract terminated by the county recorder. 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. Replaces, throughout IC 36, gender specific words with gender neutral words.
Current Status:
1/25/2017 – Senate Local Government, (Bill Scheduled for Hearing)
State Bill Page:
SB505
SB507
ECONOMIC DEVELOPMENT (HEAD R) Repeals the statute establishing the emerging technology grant fund. Changes the name of the Indiana twenty-first century research and technology fund to the Indiana innovation and entrepreneurship fund. Repeals the statute that authorized the Indiana finance authority to issue bonds before July 1, 2011, for the Indiana twenty-first century research and technology fund. Repeals the Indiana regional city fund statute, and transfers the provisions in that statute to the Indiana regional cities development fund statute. Eliminates the strategic review committee under the regional cities program, and assigns its duties to the board of the Indiana economic development corporation (IEDC). Authorizes the governor to appoint up to three additional members to the IEDC board. Eliminates the provision allowing the IEDC board to determine that part of a grant or loan under the regional cities program that shall be made from the environmental remediation revolving loan fund. Provides that in addition to applications for grants and loans from the Indiana regional cities development fund, a development authority may also submit an application to the IEDC for review and approval of the entity’s development plan without applying for a grant or loan. Establishes the regional development tax credit. Allows a taxpayer to apply to the IEDC for such a credit. Provides that a taxpayer is entitled to a credit against state tax liability if: (1) the taxpayer makes a qualified investment for the redevelopment or rehabilitation of real property that is vacant or underused; and (2) the qualified investment is approved by the IEDC. Specifies the factors that the IEDC shall consider in evaluating applications for a proposed qualified investment. Specifies that the credit is subject to an agreement entered into by the IEDC and the taxpayer. Provides that the amount of the credit is equal to: (1) the qualified investment made by the taxpayer and approved by the IEDC in the agreement; multiplied by (2) the applicable credit percentage determined by the IEDC. Specifies the maximum applicable credit percentages that apply to qualified investments. Prohibits the carryback or refund of any unused credit. Allows a taxpayer to carry forward any unused credit amounts and to assign any part of a credit to which the taxpayer is entitled. Authorizes the IEDC to negotiate with a taxpayer and include in the credit agreement a return on investment provision requiring the taxpayer to repay all or part of a credit awarded to the taxpayer if one or more conditions specified in the agreement are satisfied. Provides that a taxpayer is not entitled to receive any of the following (with certain exceptions): (1) An enterprise zone loan interest credit for interest received on a loan made after December 31, 2017. (2) An enterprise zone investment cost credit for a qualified investment made after December 31, 2017. (3) An industrial recovery tax credit for a qualified investment made after December 31, 2017. (4) A community revitalization enhancement district tax credit for a qualified investment made after December 31, 2017. Eliminates the expiration provisions in current law for the following tax credits: (1) The venture capital investment tax credit. (2) The Hoosier business investment tax credit. Repeals the statute authorizing the establishment of the twenty-first century research and technology fund grant office. Repeals the current statute concerning trademarks for use on Indiana products and relocates it within the statutes governing the IEDC. Changes the name of the training 2000 fund to the skills enhancement fund. Adds a clawback provision to the skills enhancement fund statute. Repeals the statute establishing the office of small business and entrepreneurship. Transfers duties related to small businesses from the office of small business and entrepreneurship to the IEDC. Provides that the IEDC designates the small business ombudsman. Transfers the responsibility for film industry development from the IEDC to the office of tourism development. Provides that any balance remaining in the motorsports improvement fund upon the expiration of that program shall be transferred to the industrial development grant fund. Provides that the IEDC board may engage an independent certified public accounting firm to conduct an examination of the IEDC and the IEDC’s funds, accounts, and financial affairs and the IEDC’s nonprofit subsidiary corporation if: (1) an independent certified public accounting firm conducts an examination; (2) the IEDC submits the examination report to the state board of accounts; and (3) the state board of accounts reviews the examination report and determines that the examination and examination report comply with the uniform compliance guidelines, directives, and standards established by the state board of accounts. Provides that notwithstanding such a waiver, the state board of accounts may examine the IEDC and the nonprofit subsidiary corporation at any time. Adds committees appointed by the IEDC board to the list of committees that may meet electronically without having the greater of two members or 1/3 of the members physically present. Specifies that the IEDC shall submit the quarterly and annual reports concerning the Indiana twenty-first century research and technology fund to both the budget committee and the legislative council. Eliminates the requirement that the IEDC must submit a semiannual report. Deletes the provision in current law that requires each county or municipal economic development commission to file a copy of its annual report with the IEDC. (Under current law, these annual reports are filed with both the IEDC and the fiscal body that the economic development commission serves.) Specifies the information that these reports must contain. Provides that the office of management and budget may waive the requirement that a certified public accountant perform an annual financial audit of a regional development authority established under the general redevelopment authority law if that regional development authority certifies that it had no financial activity during the year.
Current Status:
1/17/2017 – Referred to Senate Tax and Fiscal Policy
State Bill Page:
SB507
SB509
HEALTH CARE WORKER REGISTRY (MERRITT J) Establishes a centralized, computerized health care worker registry (registry), operated and maintained by the state department of health (state department), to organize and access data regarding substantiated reports and allegations under investigation of specified instances of misconduct by a health care worker on the staff of a health care facility. Provides notice and an administrative hearing process for a health care worker to contest the information to be entered onto the registry. Requires a health care facility to request information from the registry concerning a health care worker before hiring the worker. Specifies the persons and organizations that may access information on the registry. Provides civil immunity: (1) for a person who provides information in good faith to the state department for the registry; and (2) to the state department, an employer, or prospective employer that uses information from the registry in good faith to screen a prospective employee or to review the employment status of a current employee. Allows an employer, acting in good faith, to disclose to a current or prospective employer of a health care professional information about any known involvement of the health care professional in drug diversion or tampering, patient abuse, violation of the employer’s drug or alcohol policies, or a crime of violence. Provides civil immunity for a responding employer and the employer’s officer, director, employee, agent, or other representative that in good faith provides information about a health care professional to an inquiring employer.
Current Status:
1/17/2017 – Referred to Senate Civil Law
State Bill Page:
SB509
SB536
STUDENT ASSESSMENTS (DELPH M) Replaces the ISTEP test program with an assessment program using the Iowa Tests of Basic Skills or the Iowa Tests of Educational Development, as appropriate for the grade level being tested. Repeals a statute establishing the ISTEP program citizens’ review committee. Repeals a provision defining the ISTEP program. Repeals an expiration provision. Makes conforming amendments.
Current Status:
1/17/2017 – Referred to Senate Rules and Legislative Procedure
State Bill Page:
SB536