Master Bill Track Run Time: Friday, Feb-23-2007, 11:21 AM
P HB1001 State budget. (Crawford, R. Meeks) Digest Appropriates money for state agencies and other distributions. Specifies the school tuition support formula to be used to distribute state tuition support to schools. Requires the state to pay from state funds the increase in the cost of child services and reimburses counties for certain child service expenditures in 2006 and 2007. Makes changes concerning the use of revenues from the riverboat in Orange County. Indicates that the lottery may not be operated under a management contract. Prohibits certain feasibility studies without prior legislative authority. Eliminates the business assessment deduction. Eliminates sale tax on textbooks. Permits assignment of a sales tax refund. Provides a tax exemption for the National Football League Super Bowl. Equalizes certain supervisor salaries in the state police department. Authorizes a prekindergarten grant pilot program. Prohibits virtual charter schools. Updates references to the Internal Revenue Code. Establishes the spinal cord and brain injury trust fund. Establishes the Indiana University school of public health. Caps tuition increases for state educational institutions. Makes changes in certain court fees. Provides for state reimbursement of certain retrial costs. Authorizes construction and bonding for certain projects. Permits bonding for certain pension obligations. Establishes the general accountability office and comptroller general. Requires an analysis of Indiana's tax system. Requires payment of certain delayed payment obligations to state educational institutions. Makes other changes.
Date Action 02/22/2007 H: Co Sponsor Added Vi Simpson
HB1007 Property tax administration. (Kuzman) Digest Requires a county assessor in a county that does not contain a consolidated city to verify the accuracy and completeness of a real estate sales disclosure form before the form is filed with the county auditor. Establishes a local government capital project property tax control board in each county for the purpose of approving proposed bond issues and lease rental agreements involving a political subdivision other than a school corporation. Permits a political subdivision to transfer money from one fund to another and use the money for the purposes of the fund to which the money is transferred. Eliminates the authority of a political subdivision other than a school corporation to bank unused property tax levy authority under the statutory maximum permissible levy limitations. Permits a county to impose an additional 1% county adjusted gross income tax rate or a county option income tax rate on individuals and corporations to provide property tax relief and additional revenue for the taxing units in the county. Permits the county in which an individual has the individual's principal place of employment or business to retain a portion of the tax. Requires the revenue that is not used for property tax relief to be used for public safety expenditures. Eliminates the authority of a city, town, or county to use economic development income taxes for purposes other than the purposes expressly stated in the law. Freezes the amount of a county's obligation to provide funding for child services at an amount equal to the lesser of the county's contribution for 2005 or 2007. Requires the department of child services to provide any additional funding necessary to pay the costs of child services. Requires the budget agency to reimburse a county for child services expenditures in 2006 and 2007 that exceeded the county's contribution for child services in 2005. Permits a taxing unit to impose a local judicial mandate levy to pay capital, financing, and operating costs incurred to comply with a court order. Makes related changes. Repeals provisions requiring a county to obtain loans or issue bonds to cover shortfalls in the amount of money available to provide child services. Specifies that for assessment dates in 2007 and 2008, the statewide agricultural land base rate value is $880 dollars per acre.
Date Action 02/19/2007 H: Co Author Added Charlie Brown
HB1008 Health coverage. (C. Brown) Digest Provides a tax credit for a taxpayer that provides a wellness program to employees. Provides for 12 months continuous months of eligibility for an eligible child under Medicaid and the children's health insurance program (CHIP). Specifies reimbursement rates for primary care physicians. Increases from 200% to 300% of the federal income poverty level the amount of family income a child may have for purposes of CHIP eligibility. Creates the health coverage for children program, and requires establishment of a health coverage for adults plan, both to be administered by the office of the CHIP. Increases the cigarette tax by 54.5 cents per pack. Requires certain entities to participate in an aggregate prescription drug purchasing program. Requires a policy of accident and sickness insurance and a health maintenance organization contract to provide coverage for the child of a policyholder, certificate holder, or subscriber, upon request, until the child is 24 years of age. Requires establishment of a demonstration project for a health care management program and a pilot project for small employers to obtain health care coverage for employees. Establishes the healthy Indiana task force. Makes conforming changes. Makes an appropriation.
Date Action 02/20/2007 H: Committee Action Pass Amend(12-11) Ways and Means
HB1009 Privatization review committee. (Micon, Kenley) Digest Requires a state agency to develop a privatization plan before privatizing any state program. Requires the state agency to hold a hearing on the plan and report the results of the hearing to the public and the committee. Requires the committee to: (1) review a privatization plan before the plan is implemented; and (2) make advisory recommendations to the governor. Requires that certain privatization contracts must be approved under the "Reorganization Act of 1967". Provides that such a privatization contract entered into in violation of the Reorganization Act of 1967 is void. Makes technical changes in the Reorganization Act of 1967. Requires a state agency to perform a cost benefit analysis before entering into a contract for services. Requires the department of administration to compile semiannual reports on the cost benefit analysis for each contract.
Date Action 02/20/2007 H: 2nd Sponsor Added Tim Lanane
P HB1011 Regulation of firearms during an emergency. (Cheatham) Digest Prohibits the state, a political subdivision, or any other person from prohibiting or restricting the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during a declared disaster emergency, energy emergency, or local disaster emergency. Repeals provisions that allow certain political subdivisions to adopt emergency ordinances to regulate firearms if a local disaster emergency has been declared.
Date Action 02/12/2007 H: Co Author Added Eric Koch
P HB1021 Public works projects. (Torr) Digest Provides that the plans, specifications, and contract documents for a public works project may not require bidders, contractors, or subcontractors to enter into or comply with certain agreements with labor organizations. Provides a cause of action to challenge the award of a contract that violates these provisions.
Date Action 01/08/2007 H: 1st Reading Assigned Labor and Employment
HB1027 Economic matters. (Day, Bray) Digest Increases Indiana's minimum hourly wage to $6 on September 1, 2007, $6.75 on March 1, 2008, and $7.50 on September 1, 2008. Increases from $800 to $3,000 the amount of the maximum wage claim for which the commissioner of the department of labor may take an assignment.
Date Action 02/19/2007 S: 1st Reading Assigned Pensions and Labor
P HB1028 Election day voter registration; voter identification. (Day) Digest Permits a voter to register at the polls by completing a voter registration form and an affirmation that the person has not voted elsewhere in the election and by providing proof of identification. Requires that voter registration forms executed at the polls be processed in the same manner as other registrations. Limits to: (1) voters who register on election day; and (2) voters required to provide proof of identification under federal law; the requirement that a voter provide proof of identification. (Under federal law, a voter who has registered by mail for the first time is required to provide proof of identification.) Changes the definition of "proof of identification" to reflect the standards set by federal law. Repeals statutes relating to the requirement that all voters present proof of identification.
Date Action 01/08/2007 H: 1st Reading Assigned Elections and Apportionment
P HB1034 Covered bridge funding. (Grubb, Merritt) Digest Increases the annual appropriation to a county for covered bridge maintenance to $1,850 (rather than $1,250) per covered bridge.
Date Action 02/19/2007 S: 1st Reading Assigned Appropriations
P HB1045 Review of contract savings. (Dickinson) Digest Requires that the state's procurement practices be supportive of the retention and creation of jobs in Indiana. Provides that a contract or solicitation for a contract for any of the functions performed by a governmental body's employees, if it would result in the layoff or dismissal of any employees, must: (1) require the offeror to provide verifiable evidence that the cost of the contract to the governmental body will be less than the cost of having the functions performed by the governmental body's employees; (2) specify that the governmental body may not pay the contractor more than the cost the governmental body determines the governmental body would incur to perform the functions using its employees; (3) require the governmental body to provide to an offeror an estimate of the cost of having the functions performed by the governmental body's employees; and (4) contain a statement that the governmental body may pursue certain remedies if the contractor fails to comply with the contract. Permits the governmental body's employees to submit an offer to perform the functions that would be provided under the proposed contract, and provides an absolute price preference for the employees if their offer is below the current cost of the function. Excludes from these requirements purchases from qualified nonprofit agencies for persons with severe disabilities.
Date Action 01/08/2007 H: 1st Reading Assigned Government and Regulatory Reform
P HB1049 Account numbers on receipts. (Crooks) Digest Prohibits the printing of: (1) more than the last four digits of a payment card number; or (2) the payment card expiration date; on any receipt electronically generated in a transaction in which a payment card is used to obtain certain property or services. Provides that the prohibition applies to a person that: (1) accepts payment cards for certain transactions; (2) provides processing software or hardware to enable a person to accept payment cards; or (3) owns or operates an automated teller machine. Specifies dates after which cash registers, automated teller machines, and other machines or devices that electronically print receipts must comply with the prohibition. Allows a cardholder who receives a receipt that displays prohibited information to file a complaint with the consumer protection division of the attorney general's office. Allows the division to file a civil action if the division determines that a violation has occurred. Allows the court hearing the matter to award certain relief.
Date Action 01/18/2007 H: Committee Sched 8:30 a.m. Room 156C Commerce, Energy and Utilities
P HB1051 Motor fuel tax exemption. (Crooks, Wyss) Digest Provides a motor fuel tax exemption for a pickup truck that: (1) has been modified to include a third free rotating axle; (2) is not greater than 26,000 pounds; and (3) is used solely for personal use and not for commercial use. Expands tax exemption from the aircraft registration requirements for nonresidents who leave their planes with a dealer for repair, remodeling, or refurbishing to include those owning repair shops certified by the Federal Aviation Administration.
Date Action 02/20/2007 H: 2nd Sponsor Added Lindel O. Hume
P HB1054 Convictions and elections. (L. Lawson) Digest Reconciles certain inconsistent provisions in current law regarding: (1) the definition of "felony"; and (2) when a certified copy of the sentencing order issued in connection with the removal of a public officer must be filed. (The introduced version of this bill was prepared by the sentencing policy study committee.)
Date Action 01/08/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HB1058 Transfer of property to volunteer fire department. (Bischoff, Steele) Digest Authorizes a political subdivision to transfer property to a volunteer fire department without consideration or for nominal consideration for the construction of a fire station or other purposes related to firefighting.
Date Action 02/19/2007 S: 1st Reading Assigned Local Government and Elections
P HB1065 Special fuel tax exemption for certain biofuels. (Micon, Kenley) Digest Provides a special fuel tax exemption for certain biofuels produced for personal, noncommercial use.
Date Action 02/21/2007 H: Co Author Added Eric Koch
P HB1069 Small business litigation expenses. (Koch) Digest Requires a state or local governmental entity to pay reasonable litigation expenses to a small business if a court awards the litigation expenses after finding that the governmental entity brought a civil action or administrative action against the small business without substantial justification.
Date Action 01/08/2007 H: 1st Reading Assigned Small Business and Economic Development
P HB1070 Forced use of internal identification device. (Crooks) Digest Prohibits a governmental entity from requiring a person to use or have implanted a subcutaneous identification device. Prohibits a person from requiring an individual to use or have implanted a subcutaneous identification device as a condition of employment, insurance, medical treatment, receiving a service, or doing business with the person. Authorizes an individual to bring an action to enforce these provisions. Permits a prevailing plaintiff to receive: (1) the greater of actual damages or an award of up to $10,000; and (2) reasonable attorney's fees.
Date Action 02/08/2007 H: Committee Sched 10:30 a.m. Room 319 Courts and Criminal Code
P HB1072 School bus safety and traffic control. (Pond) Digest Requires school corporations and civil divisions of local and state government to cooperate in traffic control and traffic accident prevention in school bus operations.
Date Action 01/08/2007 H: 1st Reading Assigned Local Government
P HB1073 Collection of tax warrants from bank accounts. (Bardon) Digest Requires a special counsel or collection agency that makes a claim on behalf of the department of state revenue (department) or a county treasurer to levy on a taxpayer's property at a financial institution to: (1) submit certain information concerning the claim to the financial institution; and (2) pay a fee of $10 for each claim submitted to the financial institution. Provides that a financial institution, special counsel, or collection agency may not assess or pass along the $10 fee to: (1) the department; (2) the county treasurer; (3) the taxpayer; or (4) any other individual or governmental unit.
Date Action 02/01/2007 H: Amendment #1 (Bardon), prevailed; Voice Vote
P HB1076 Residential property tax deduction. (Day) Digest Establishes a property tax deduction that phases in the increased assessed value from rehabilitation or enlargement of residential real property.
Date Action 01/08/2007 H: 1st Reading Assigned Ways and Means
P HB1081 Fire protection agreements. (Tincher, Bray) Digest Provides that a city, town, county, or township that wants to discontinue receiving fire protection services through its own fire department or current provider of fire protection services may contract with a different provider for fire protection services only if the new provider has an Insurance Service Office Public Protection Classification that is equal to or higher than the classification of the fire department or current provider of fire protection services to the city, town, county, or township. Allows a city, town, county, or township to contract with an interim provider to receive fire protection services for a period of not more than six months: (1) after discontinuing receiving fire protection services through its own fire department or current provider; and (2) before receiving services from its new provider of fire protection services. Provides that an interim provider is not required to have an Insurance Service Office Public Protection Classification that is equal to or higher than the fire department or current provider of the city, town, county, or township.
Date Action 02/19/2007 H: Co Author Added Robert J. Bischoff
P HB1085 Semitrailer registration. (Kuzman, Nugent) Digest Specifies that the registration of a permanently registered semitrailer must be renewed on an annual basis. Requires the bureau of motor vehicles to adopt rules to prescribe the manner and form in which a person must annually renew the registration of a permanently registered semitrailer. Specifies that the amount of a fee increase imposed by rule for the crossroads 2000 fund must be collected after the elimination of the underlying fee. Eliminates the $2 annual fee to renew the permanent registration of a semitrailer.
Date Action 02/20/2007 H: 2nd Sponsor Added Timothy D. Skinner
P HB1086 Property tax deduction for free golf for students. (Bischoff) Digest Provides a property tax deduction for an owner of a commercial golf course who allows elementary or secondary school students to use the golf course without charge.
Date Action 01/26/2007 H: Co Author Added Timothy Harris
P HB1088 Collective bargaining for public employees. (Kersey, Skinner) Digest Permits certain governmental employees and noncertificated employees of school corporations to form and join unions. Establishes a five member public employees relations board. Establishes a procedure for the selection and decertification of an exclusive bargaining representative. Establishes employer and employee rights. Specifies prohibited practices. Requires the employer to bargain collectively when an exclusive representative has been certified. Establishes negotiation, mediation, factfinding, and binding arbitration procedures. Establishes mandatory subjects of negotiation. Provides that all decisions, opinions, or awards made by an arbitrator are subject to public inspection and copying. Provides that a proposed bargaining agreement subject to ratification by the parties is confidential. Requires a grievance procedure to be included in each collective bargaining agreement. Makes strikes by certain public employees unlawful, and establishes penalties for strikes.
Date Action 02/07/2007 H: 2nd Sponsor Added Tim Lanane
P HB1089 Local regulation of firearms. (Orentlicher) Digest Provides that the law governing local regulation of firearms does not apply to Marion County or a city, town, or township located in Marion County.
Date Action 01/08/2007 H: 1st Reading Assigned Public Policy
P HB1092 Military family leave. (Avery, Delph) Digest Establishes an unpaid leave of absence of up to 10 days for the spouse or parent of a person ordered to involuntary active duty in the United States armed forces or the National Guard for deployment overseas. Requires an employee to provide notice before taking the leave. Allows an employer to require verification of employee's eligibility for the leave. Requires an employee to be restored to the position that the employee held before the leave or to an equivalent position. Requires an employer to permit an employee who is taking a leave to continue the employee's health care benefits at the employee's expense. Allows the employer and the employee to negotiate to have the employer pay for the benefits. Provides legal and equitable remedies for violations. Extends eligibility for grants from the military family relief fund (fund) to active duty members of the armed forces. Provides for grants from the fund for child care assistance. Provides that a taxpayer may designate on a state income tax return for the benefit of the fund: (1) all or part of a state income tax refund; or (2) a contribution. Provides that a person who furnishes lodging for compensation commits a class C infraction if the person refuses to rent a room to an individual who is (1) under 21 years of age; and (2) on active military duty. Exempts an individual on active military duty from serving on a jury.
Date Action 02/19/2007 S: 1st Reading Assigned Pensions and Labor
P HB1094 Paper record for voting systems. (Avery) Digest Requires that a voting system permit a voter to examine the paper record of the voter's votes to verify the voter's votes. Provides that after a voter has verified the votes on the paper record, the paper record is the official record of the votes.
Date Action 01/08/2007 H: 1st Reading Assigned Elections and Apportionment
P HB1095 Voting procedures after normal poll closing time. (Tyler) Digest Provides that if a court order or other order extends the hours that the polls are open, a voter who votes under the order after the time the polls otherwise would have closed must be provided a regular ballot if there are no candidates for election to a federal office on the ballot. (Under current law, such a voter must be given a provisional ballot.)
Date Action 01/08/2007 H: 1st Reading Assigned Elections and Apportionment
P HB1099 Property tax deductions for certain veterans. (Kersey) Digest Provides that World War II and Korean War veterans are eligible for a property tax deduction in the same manner as World War I veterans.
Date Action 01/08/2007 H: 1st Reading Assigned Ways and Means
P HB1101 Flood control. (Micon) Digest Requires the natural resources commission to direct the department of natural resources to prepare a statewide flood risk and flood damage assessment. Places a limit on the maximum amount of fill material that may be placed in a floodway, subject to certain exceptions. Makes violation of the limit a Class B infraction. Specifies the standards of review for an application for a permit for certain obstructing activities in a floodway. Allows summary denial of a permit application in certain circumstances. Prohibits a person from placing certain materials in a floodway as fill or for bank stabilization. Places restrictions on the use of flood conveyance channels.
Date Action 01/08/2007 H: 1st Reading Assigned Natural Resources
P HB1109 School board elections. (Frizzell) Digest Requires that school board members selected by election must be elected at general elections. Repeals provisions concerning the election of school board members at primary elections.
Date Action 01/25/2007 H: Co Author Added Dennis T. Avery
P HB1118 Possession of firearms on certain property. (Denbo) Digest Prohibits a person from adopting or enforcing a policy or rule that prohibits or has the effect of prohibiting an individual from legally possessing a firearm that is locked in the individual's motor vehicle while the motor vehicle is in or on the person's property. Excepts possession of a firearm: (1) on school property or a school bus; (2) on certain child care and shelter facility property; (3) on penal facility property; and (4) in violation of federal law. Provides that a person who, in compliance with the prohibition, does not adopt or enforce such a policy or rule is not liable for resulting injury or damage. Authorizes a civil action for damages, costs, attorney's fees, and injunctive relief to remedy a violation.
Date Action 01/08/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HB1128 Community corrections advisory boards. (Stilwell, Becker) Digest Provides that a majority of the members of a community corrections advisory board may establish a quorum requirement of at least six but less than a majority of the members.
Date Action 02/20/2007 H: 2nd Sponsor Added Richard D. Young, Jr.
P HB1129 Prohibition of serial meetings. (Stilwell, Gard) Digest Provides that members of a governing body who participate in a series of gatherings either in person or by electronic means (excluding electronic mail) violate the open door law if: (1) at least two but less than a quorum of members attend each gathering; (2) the total sum of different members attending all gatherings equals at least a quorum of the governing body; (3) all the gatherings concern the same subject matter and are held within a period of not more than seven consecutive days; and (4) the gatherings are held for the purpose of taking official action on public business. Provides that a series of gatherings does not constitute a serial meeting in violation of the open door law if: (1) each gathering is attended by the presiding officer of the governing body and not more than one other member of the governing body; and (2) the purpose of the gathering is only to receive information and not for the purpose of taking any other official action on public business. Provides that the following do not constitute a meeting for purposes of the open door law: (1) A meeting between one member of the governing body and at least one other individual who is not a member of the governing body concerning public business; (2) a gathering to receive information about industrial or commercial prospects that does not include a discussion of the terms of a request or an offer of public financial resources; (3) a gathering for the sole purpose of administering an oath of office to an individual; or (4) any on-site inspection of facilities of applicants for incentives or assistance from the governing body. Provides that interviews and negotiations with industrial or commercial prospects by the governing body of a political subdivision may be held in executive session.
Date Action 02/19/2007 S: 1st Reading Assigned Local Government and Elections
P HB1132 Notice of plant closing or mass layoff. (Tyler, Breaux) Digest Requires certain employers to give certain written notice before plant closings and mass layoffs.
Date Action 02/19/2007 S: 1st Reading Assigned Pensions and Labor
P HB1133 Collective bargaining for public safety employees. (Tyler) Digest Allows the police officers and firefighters of a county, city, town, or township to bargain collectively with their employers through an exclusive representative. Specifies the rights and duties of public safety employees and employers in collective bargaining. Requires the education employment relations board to implement and administer the collective bargaining law. Provides for judicial review of complaints, mediation, and arbitration. Prohibits public safety lockouts and strikes.
Date Action 01/08/2007 H: 1st Reading Assigned Labor and Employment
P HB1135 Absentee ballots. (Tyler) Digest Permits a voter who is qualified to vote in person to vote by absentee ballot. Removes all other qualifications for a voter to vote by absentee ballot except for a voter with disabilities who is unable to make a voting mark on the ballot or sign the absentee ballot secrecy envelope. (Such a disabled voter is currently required to vote before an absentee voter board.)
Date Action 01/08/2007 H: 1st Reading Assigned Elections and Apportionment
P HB1152 Religious freedom restoration act. (Noe) Digest Allows the executive branch of state government or a political subdivision to substantially burden a person's exercise of religion only if the governmental entity can demonstrate the application of the burden is: (1) essential to further a compelling governmental interest; and (2) the least restrictive means of imposing the burden. Allows a person to assert as a claim or defense that a governmental entity has substantially burdened the exercise of religion. Allows reasonable costs and attorney's fees to a person who prevails in asserting the claim or defense. Allows a court, upon finding that a person filed a frivolous or fraudulent claim or defense, to enjoin the person from filing further claims or defenses.
Date Action 01/11/2007 H: 1st Reading Assigned Public Policy
P HB1157 Common construction wage certification. (Cheney, Kruse) Digest Requires contractors and subcontractors on public works projects to certify each week certain information relating to the wages paid to the workers on the project.
Date Action 02/20/2007 H: Co Sponsor Added Frank Mrvan, Jr.
P HB1162 Solid waste disposal fees. (Kersey) Digest Allows certain county fiscal bodies to establish a county solid waste disposal fee for solid waste deposited in a municipal solid waste landfill, nonmunicipal solid waste landfill, or construction\demolition waste site if the county fiscal body negotiates the amount of the fee with all persons who operate a municipal solid waste landfill, nonmunicipal solid waste landfill, or construction\demolition waste site located in the county. (Current law specifies the amount of the disposal fee may not exceed $2.50 per ton.)
Date Action 01/11/2007 H: 1st Reading Assigned Environmental Affairs
P HB1171 Property tax deduction for farm security items. (Goodin) Digest Provides a property tax deduction not to exceed $25,000 assessed value per year relating to secure storage of fertilizers and pesticides that could be used for terrorism or illegal drug manufacturing. Specifies that the deduction is available for certain chemical additives and for tangible personal property that is: (1) installed or placed in service after March 1, 2007; and (2) used to provide security for a fertilizer or pesticide by: (A) restricting access to or control of; or (B) conducting surveillance on or detecting unauthorized access to; the fertilizer or pesticide. Provides that, in addition to a certified application statement, a person claiming the deduction must file a certification by the state chemist that the property for which the deduction is claimed has been installed or placed in service. Specifies that a person may not receive the deduction for security devices and the "automatic abatement deduction" for the same property.
Date Action 02/20/2007 H: 3rd Reading Pass (91-0)
P HB1177 Loss of office due to delinquent child support. (Dvorak) Digest Requires a state or local government officeholder who has been subject to a judgment: (1) of at least $15,000 for delinquent child support payments; and (2) for more than 30 days; to be removed from office.
Date Action 02/22/2007 H: 2nd Reading Order Engrossed
P HB1178 Growth and development study committee. (Dvorak) Digest Establishes a two year growth and development interim study committee made up of members of the general assembly. Directs the committee to examine incentives for growth and development and to study the impact of growth and development on taxes, transportation funding, energy policy, and the environment.
Date Action 01/11/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HB1179 Wheel tax and excise surtax exemption. (Dvorak) Digest Provides that a county may adopt an ordinance to exempt a vehicle owned by a person who is at least 65 years of age and whose state adjusted gross income does not exceed $25,000 from the wheel tax or the license excise surtax, or both.
Date Action 01/11/2007 H: 1st Reading Assigned Local Government
P HB1182 Excise tax on recreational vehicles and campers. (Reske) Digest Provides that recreational vehicles and truck campers are subject to an excise tax instead of the property tax on personal property beginning January 1, 2009. Makes an appropriation.
Date Action 01/11/2007 H: 1st Reading Assigned Ways and Means
P HB1191 Proof of withholding exemptions. (Ulmer) Digest Requires an employer to verify that an employee is entitled to claim adjusted gross income tax withholding exemptions for more than two individuals. Provides that unless an employer knows an employee's representations are false, the requirement for an employer to verify any additional withholding exemptions claimed by an employee is met if the employer obtains for each additional individual for whom the employee claims a withholding exemption a copy of any document specified in the statute, including a driver's license or Social Security card. Provides that an employer's failure to verify an employee's additional withholding exemptions as required is a Class A misdemeanor. Provides that an employee's submission of a false or fictitious document to an employer for the purpose of claiming more withholding exemptions than the employee is entitled to claim is a Class A misdemeanor.
Date Action 01/11/2007 H: 1st Reading Assigned Labor and Employment
P HB1193 Sales tax exemption for wastewater utility. (Crawford, Miller) Digest Defines "public utility", "collection plant and expenses", "system pumping plant and expenses", and "treatment and disposal plant and expenses" in the statute that exempts certain expenditures by a wastewater utility from sales tax.
Date Action 02/20/2007 H: 2nd Sponsor Added Jean Breaux
P HB1197 Regulation of confined feeding operations. (Pflum) Digest Prohibits construction of a new confined feeding operation (CFO) within one mile of a licensed child care center, a public school, a licensed health facility, or a municipality. Excepts from the prohibition: (1) new construction within one mile from those entities if they located within one mile of a CFO; and (2) expansion of an existing CFO. Provides that the exception applies only if the person proposing the construction or expansion has not committed an environmental violation. Allows a person that would be restricted by the one mile limitation to appeal to the local zoning authority or county executive for an exemption. Requires the department of environmental management (IDEM) to establish civil penalty matrices for various categories of violations relating to CFOs. Requires IDEM to inspect each CFO at least one time each year. Applies an annual inspection fee on CFO's that is deposited in a confined feeding fund and used to fund IDEM CFO inspections. Requires the state chemist to: (1) establish a training program for CFO manure applicators and haulers; and (2) report to the general assembly concerning the training program. In certain court actions brought against a CFO owner or operator, allows the prevailing party to recover costs and attorney fees. Requires IDEM to revoke the CFO approval or permit of a person on the third occurrence of: (1) an environmental conviction: or (2) the imposition of certain environmental civil penalties. In a county that does not have an ordinance in effect regulating CFO location, construction, or operation, allows the county legislative body before January 1, 2008, to retroactively regulate by adopting an ordinance within ninety days of the CFO approval date.
Date Action 02/21/2007 H: 3rd Reading Pass (62-36)
P HB1209 Highway construction and tolls. (VanHaaften) Digest Deletes certain prohibitions against: (1) approving the location of a tollway; (2) carrying out construction for Interstate Highway 69 in Perry Township in Marion County; and (3) imposing tolls for the use of the part of an interstate highway that connects Indianapolis and Martinsville. (Under current law, these activities are prohibited unless authorized by a statute enacted by the general assembly.) Makes conforming changes.
Date Action 01/11/2007 H: 1st Reading Assigned Roads and Transportation
P HB1211 Tax sales. (VanHaaften, Boots) Digest Limits the circumstances under which a tax sale purchaser may terminate the purchase before conclusion and receive a refund of a part of the purchase price. Reduces the amount of the refund. Requires reinstatement and collection of any remaining delinquencies after the terminated purchase.
Date Action 02/20/2007 H: 2nd Sponsor Added John E. Broden
P HB1212 Emergency telephone system fee. (VanHaaften) Digest Provides that a county and a second class city in the county may enter into: (1) an interlocal cooperation agreement; or (2) a joint agreement; for the operation of an enhanced emergency telephone system in the county. Provides that an agreement may provide that a public safety answering point (PSAP) operated by the second class city will serve one or more areas within the county but outside the second class city. Provides that an existing agreement between a county and a second class city is valid and enforceable until it is: (1) terminated by the parties; or (2) modified by or replaced with an agreement authorized by this bill. Allows a second class city that operates a PSAP that serves areas outside the city to impose a countywide fee to fully fund the operation of the PSAP in the county. Provides that a countywide fee imposed by a second class city: (1) may not exceed 10% of the average monthly telephone access line charge in the county; and (2) may be imposed in addition to, or in place of, a countywide fee imposed by the county. Provides that a countywide fee imposed by a second class city may be imposed on telephone exchange access facilities that are: (1) located outside the county in which the city is located; and (2) served by the city's PSAP. Allows a second class city to adopt an ordinance to impose a countywide fee at any time before or after the effective date of this bill. Sets forth the effective dates of ordinances adopted before, on, and after the effective date of this bill.
Date Action 02/15/2007 H: Committee Sched 10:30 a.m. Room 156D Local Government
P HB1218 Cultural and performing arts development districts. (Hoy) Digest Authorizes cities and counties that have a redevelopment commission to apply to the Indiana economic development corporation (IEDC) and the arts commission for designation of a cultural and performing arts development district. Establishes procedures for the allocation of incremental property tax, sales tax, and income tax revenue to the redevelopment commission for use within the district. Authorizes the issuance of bonds for projects within the district. Provides that the IEDC may not approve an EDGE credit for a business located in a district unless the political subdivision that created the district has adopted an ordinance recommending a credit in an amount at least equal to the credit amount agreed to by the IEDC and the business.
Date Action 02/15/2007 H: Referred Referred to Ways and Means
P HB1224 Regulation of private child support collectors. (Summers) Digest Provides that a private child support collector: (1) may not charge an obligee a fee that exceeds 25% of the support collected; (2) must set forth all fees and costs in a written contract; and (3) must allow an obligee to review and approve a proposed payment plan with an obligor.
Date Action 01/11/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HB1228 Recording of mortgages, conveyances, and leases. (Grubb) Digest Provides that if an instrument that is not required to be recorded under a statute requiring the recording of mortgages, conveyances, and leases has been recorded for at least two years, constructive notice of the instrument's recordation is established.
Date Action 01/11/2007 H: 1st Reading Assigned Judiciary
P HB1231 Real property issues. (Day) Digest Provides that a conveyance may not be recorded after June 30, 2007, unless the conveyance lists the street address (excluding a post office box address) of the person to whom the property is conveyed. Provides that if an unsafe building order is issued to a person regarding a premises that is: (1) owned by the person or is being purchased by the person under a contract; and (2) leased to another person; the person must provide to the department administering the unsafe building law the person's name, street address (excluding a post office box address), and phone number. Increases the maximum amount that constitutes a lien against property when employees or contractors of a municipal corporation enter onto that property and take action to bring the property into compliance with an ordinance.
Date Action 02/21/2007 H: Amendment #2 (Day), prevailed; Voice Vote
P HB1235 Jury pay fund. (Grubb) Digest Allows a county to use unencumbered money in a jury pay fund to maintain and improve the jury system in the county.
Date Action 01/11/2007 H: 1st Reading Assigned Judiciary
P HB1236 Economic analysis of Indiana's tax system. (Welch) Digest Requires the legislative council to commission an economic analysis of Indiana's tax system.
Date Action 02/01/2007 H: Co Author Added Robert D. Kuzman
P HB1245 County option gasoline tax. (T. Brown) Digest Allows a county to adopt a county gasoline tax at a rate of four cents, five cents, six cents, seven cents, or eight cents per gallon of gasoline sold in the county. Provides for the administration and collection of the county gasoline tax. Requires the tax revenues to be allocated among the county and the cities and towns located in the county. Provides that the revenue realized from the county gasoline tax is additional revenue available for road maintenance and construction. Provides that the department of local government finance may not reduce a unit's actual or maximum permissible levy because of the additional revenue from the county gasoline tax.
Date Action 01/11/2007 H: 1st Reading Assigned Ways and Means
P HB1246 Gas tax allocation. (T. Brown) Digest Provides that the funds in the motor vehicle highway account are distributed only to cities, towns, counties and the department of transportation.
Date Action 01/11/2007 H: 1st Reading Assigned Local Government
P HB1252 Public works project procedures. (Ripley) Digest Requires any or all of: (1) the commissioner of the department of administration; (2) the director of the budget agency; or (3) the attorney general; as applicable, to act on certain local public works projects within 15 days. Requires a utility to relocate the utility's facilities within 120 days if the facilities would interfere with a public works project. Allows a local unit and a utility to negotiate an agreement to pay for the cost of relocating the utility's facilities.
Date Action 01/11/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HB1257 Property tax distributions to charter schools. (V. Smith) Digest Limits the amount distributed from a property tax levy imposed for a charter school to the amount collected from the levy, offset by any amount withheld to pay refunds or other overpayments. Provides that any property tax collected for a charter school that exceeds the amount levied shall be used to temporarily reduce the levy imposed for the charter school in the immediately following year. Includes transitional provisions. Establishes a moratorium on the creation of new charter schools sponsored by certain entities in certain cities. Requires the department of education to compile and make available to the public data concerning the effectiveness of certain existing charter schools.
Date Action 02/20/2007 H: Amendment #15 (Thompson), failed;
P HB1260 County police officer death benefit. (Crooks) Digest Establishes a $9,000 minimum death benefit for county police officers.
Date Action 01/25/2007 H: Co Author Added Terry A. Goodin
P HB1263 Vanderburgh County innkeepers tax. (Avery) Digest Raises the cap on the Vanderburgh County innkeepers' tax from 6% to 8%. Requires the revenue from the increase in the cap to be deposited in the county tourism capital improvement fund.
Date Action 01/16/2007 H: Co Author Added Winfield C. Moses, Jr.
P HB1273 Taxation of eminent domain proceeds. (Cherry) Digest Provides that gain attributable to the sale or condemnation of real property located in Indiana resulting from a threatened, imminent, or actual exercise of the power of eminent domain is not subject to: (1) the adjusted gross income tax; (2) the financial institutions tax; or (3) local income taxes based on adjusted gross income.
Date Action 01/11/2007 H: 1st Reading Assigned Ways and Means
P HB1274 Accident response service fees. (Herrell, Bray) Digest Provides that the fee charged for a copy of an accident report may not exceed $8. Provides that certain law enforcement agencies may not charge a fee for the inspection of an accident report, including scanning the report with a personal scanning device. Prohibits political subdivisions or local law enforcement agencies of political subdivisions from imposing or collecting an accident response service fee on or from the driver of a motor vehicle or any other person involved in a motor vehicle accident.
Date Action 02/19/2007 S: 1st Reading Assigned Homeland Security, Transportation & Veterans Affairs
P HB1278 Local government investment pool. (Austin) Digest Establishes the local government investment pool (investment pool) within the office of the treasurer of state. Allows local units of government to pay money into the investment pool for the purpose of deposit, investment, and reinvestment of the money by the treasurer of state on behalf of the units. Requires the treasurer of state to invest the funds in the investment pool in the same manner, in the same type of instruments, and subject to the same limitations provided for the deposit and investment of state funds. Authorizes the treasurer of state to contract with accountants, legal counsel, regulated investment advisors, money managers, and other finance and investment professionals to make investments and provide for the public accounting and legal compliance necessary to ensure and maintain the safety, liquidity, and yield of the investment pool. Requires the treasurer of state to establish and make public the policies that the treasurer of state will follow in the administration of and accounting for the investment pool. Requires the policies to provide the following: (1) There is not a minimum time for which funds must be retained by the investment pool. (2) The administrative expenses of the investment pool shall be paid from the earnings of the investment pool. (3) The earnings of the investment pool in excess of administrative expenses shall be credited to the state and each unit of government participating in the investment pool in a manner that equitably reflects the different amounts and terms of the state's investment and each unit's investment. (4) There is not a limit on the number of accounts that the state or a unit of government participating in the investment pool may establish within the investment pool. (5) The state and each unit of government participating in the investment pool shall receive certain daily and monthly reports. (6) The investment pool shall be audited annually by an independent auditing firm.
Date Action 02/22/2007 H: 2nd Reading Order Engrossed
P HB1279 Confined feeding operations. (Lutz) Digest Requires a person that wishes to construct a confined feeding operation or a concentrated animal feeding operation in a county that zones to obtain all approvals to construct the operation required under applicable zoning ordinances or other zoning laws applicable in the county in which the operation would be located.
Date Action 02/06/2007 H: Committee Sched 8:30 a.m. Room House Chamber Agriculture and Rural Development
P HB1281 Bioproducts initiative. (Koch, Heinold) Digest Requires governmental bodies and state educational institutions to purchase biobased products under certain circumstances. Establishes the Indiana biobased products advisory commission.
Date Action 02/19/2007 S: 1st Reading Assigned Economic Development and Technology
P HB1286 Poll workers; candidates. (Richardson) Digest Requires certain candidacy documents to contain a statement that the candidate is aware of the statute prohibiting certain relatives of the candidate from being a precinct election officer. Requires a candidate to separately sign the statement. Authorizes poll clerks and assistant poll clerks to check a voter's proof of identification.
Date Action 01/11/2007 H: 1st Reading Assigned Elections and Apportionment
P HB1287 Jury selection. (Richardson, Bray) Digest Consolidates provisions concerning jury selection into one chapter of the Indiana Code that conforms to jury selection rules adopted by the Indiana supreme court. Repeals provisions outside this chapter concerning jury selection. Provides that if a county, city or town fiscal body adopts an ordinance for the payment of juror parking fees, the county, city or town may pay the parking fees incurred by a juror instead of paying for mileage. Allows a county to use unencumbered money in a jury pay fund to maintain and improve the jury system in the county. Provides that a person who is at least 70 years of age may be excused from acting as a juror. Makes other conforming amendments.
Date Action 02/21/2007 H: 2nd Sponsor Added Tim Lanane
P HB1292 Annexation. (Orentlicher) Digest Provides that when a municipality initiates an annexation, the municipality must file a petition with the court containing the signatures of at least 51% of the landowners in the territory proposed to be annexed.
Date Action 02/01/2007 H: Co Author Added Brian Bosma
P HB1303 Indiana worker preference on public works projects. (Kersey) Digest Establishes as a goal for the public works division of the department of administration that any state agency or commission entering into a public works contract, the port commission, the department of transportation, and local units of government must enter into contracts that provide that seventy-five percent (75%) of the persons employed by the contractor or any subcontractor are residents of Indiana. Provides that if it is not possible to employ seventy-five percent (75%) of the employees working on a contract who are residents of Indiana, the contractor must provide information on the reason the contractor or the subcontractors cannot meet the goal. Requires the commissioner of the department of administration to prepare an annual report for the public and for the legislative council on the percentage of residents of Indiana who are employed to perform public works contracts for the state.
Date Action 01/16/2007 H: 1st Reading Assigned Labor and Employment
P HB1306 Missing persons. (Cheatham, M. Young) Digest Requires a law enforcement agency that receives a report of a missing person to take certain steps to locate the missing person, and requires a coroner having custody of unidentified human remains to take certain steps to attempt to identify the remains. Requires a commercial mobile radio service (CMRS) provider to disclose to a law enforcement officer the automatic location identification of a subscriber upon request if an emergency situation exists that involves the immediate danger of death or serious bodily injury to any person, including a situation in which there is a credible report of an unexplained missing person. Requires a law enforcement officer to provide a copy of a valid warrant or subpoena to the CMRS provider within 48 hours of receiving the location information. Provides immunity from civil liability for good faith disclosures of information by CMRS providers. Makes other changes.
Date Action 02/21/2007 H: Co Sponsor Added Vi Simpson
P HB1307 Property tax exemption for senior citizens. (Cheatham) Digest Exempts a homestead from property taxation if: (1) all owners of the homestead are at least 65 years of age; (2) at least one owner of the homestead uses the homestead as a primary residence and has been an owner of the homestead for at least ten consecutive years; (3) the annual income of the individual claiming the exemption, in combination with the annual income of the individual's spouse or co-owners, is less than $25,000; (4) the assessed value of the property is not more than $144,000; and (5) the individual claiming the exemption is not subject to certain delinquent property taxes, assessments, fees, or charges.
Date Action 01/16/2007 H: 1st Reading Assigned Ways and Means
P HB1308 Local review of confined feeding operations. (Cheatham) Digest Allows the department of environmental management to approve the construction after December 31, 2008, of a confined feeding operation only if the construction has been approved by the local health department and the local zoning authority. Establishes the procedure for local approval, including an appeal to the county executive of an approval or denial. Provides for administrative guidance and rulemaking.
Date Action 02/20/2007 H: Committee Report do pass, adopted
P HB1310 Partition fences. (Dodge) Digest Provides that property owned by the state, a political subdivision of the state, a city, or a town is not exempt from fence construction and maintenance claims under certain property tax exemptions.
Date Action 01/16/2007 H: 1st Reading Assigned Local Government
P HB1314 Local government investment pool. (Neese) Digest Establishes the local government investment pool (investment pool) within the office of the treasurer of state. Allows local units of government to pay money into the investment pool for the purpose of deposit, investment, and reinvestment of the money by the treasurer of state on behalf of the units. Requires the treasurer of state to invest the funds in the investment pool in the same manner, in the same type of instruments, and subject to the same limitations provided for the deposit and investment of state funds. Authorizes the treasurer of state to contract with accountants, legal counsel, regulated investment advisors, money managers, and other finance and investment professionals to make investments and provide for the public accounting and legal compliance necessary to ensure and maintain the safety, liquidity, and yield of the investment pool. Requires the treasurer of state to establish and make public the policies that the treasurer of state will follow in the administration of and accounting for the investment pool. Requires the policies to provide the following: (1) There is not a minimum time for which funds must be retained by the investment pool. (2) The administrative expenses of the investment pool shall be paid from the earnings of the investment pool. (3) The earnings of the investment pool in excess of administrative expenses shall be credited to the state and each unit of government participating in the investment pool in a manner that equitably reflects the different amounts and terms of the state's investment and each unit's investment. (4) There is not a limit on the number of accounts that the state or a unit of government participating in the investment pool may establish within the investment pool. (5) The state and each unit of government participating in the investment pool shall receive certain daily and monthly reports. (6) The investment pool shall be audited annually by an independent auditing firm.
Date Action 01/16/2007 H: 1st Reading Assigned Local Government
P HB1319 Elected school boards. (Neese) Digest Requires that the members of the governing body of a school corporation be elected. Repeals obsolete statutes providing for the option of appointment of members of a governing body, and repeals superseded statutes relating to election of members of a governing body.
Date Action 01/16/2007 H: 1st Reading Assigned Elections and Apportionment
P HB1320 Landfill permits. (Lutz) Digest Provides that a person that holds a valid permit for the construction or operation of a landfill but that has not commenced construction within two years or operation within four years after the permit date must apply for a new landfill permit and meet the requirements of all applicable environmental laws existing at the time the new permit is sought if the person: (1) intends to commence construction or operation; or (2) applies for renewal of a permit. Allows the commissioner of the department of environmental management to revoke or modify a landfill permit if a person fails to act under the permit before the statutory deadline.
Date Action 01/16/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HB1327 Tax exemption for antique motor vehicles. (Saunders, Kruse) Digest Exempts antique motor vehicles from the motor vehicle excise surtax and the wheel tax. Restricts the use of a motor vehicle registered as an antique motor vehicle. Imposes certain penalties for the impermissible use of an antique motor vehicle.
Date Action 02/19/2007 S: 1st Reading Assigned Tax and Fiscal Policy
P HB1328 Excise tax on recreational vehicles and campers. (Saunders) Digest Provides that recreational vehicles and truck campers are subject to an excise tax instead of the property tax on personal property beginning January 1, 2009. Makes an appropriation.
Date Action 01/16/2007 H: 1st Reading Assigned Ways and Means
P HB1332 Repeals references to handwritten records. (Borror) Digest Repeals statutes that require the clerk of a circuit or superior court to transcribe, in handwriting, the contents of a damaged record book into a new book.
Date Action 01/16/2007 H: 1st Reading Assigned Judiciary
P HB1334 Sales tax distribution for mass transportation. (Buell) Digest Increases the percentage of sales and use tax collections deposited in the public mass transportation fund from 0.635% to 0.76%.
Date Action 02/14/2007 H: Committee Sched 10:45 a.m. Room 404 Ways and Means
P HB1340 Riverboat employment; development agreements. (C. Brown) Digest Restricts employment by riverboats of former officials and employees of the cities and counties in which riverboats are docked. Provides that a development agreement between a unit and a riverboat that is entered into, extended, or renegotiated after June 30, 2007, does not take effect until the development agreement is approved by the appropriate fiscal body.
Date Action 01/16/2007 H: 1st Reading Assigned Public Policy
HB1344 Mobile camps for railroad employees. (Tyler) Digest Requires a railroad company to provide drinking water at assembly points where at least two maintenance of way employees meet. Establishes requirements for a mobile camp provided by a railroad company for maintenance of way employees. Requires the state department of health executive board to adopt rules pertaining to the sanitary conditions, operations, and facilities at a mobile camp.
Date Action 02/19/2007 H: Committee Action Pass Amend(7-2) Public Health
P HB1346 Local road and street distributions. (Thomas) Digest Provides that the money in the local road and street account is to be distributed among counties according to the ratio of each county's passenger car and pickup truck registrations to the statewide total passenger car and pickup truck registrations. (The current distribution formula disregards pickup truck registrations.) Phases in the change from 2007 to 2010.
Date Action 01/16/2007 H: 1st Reading Assigned Ways and Means
P HB1351 Affordable housing and community development fund. (Bardon) Digest Allows a county in which at least one unit in the county has established an affordable housing fund to adopt an ordinance authorizing the county recorder to charge a fee of: (1) $5 for the first page; and (2) $1 for each additional page; of each document recorded by the county recorder. Provides that: (1) 60% of the fees collected shall be distributed to those units with an affordable housing fund for deposit in those funds; and (2) 40% of the fees shall be deposited in the affordable housing and community development fund. Prescribes a formula for apportioning the fees collected among the units with affordable housing funds. Allows a county containing a consolidated city to adopt an ordinance authorizing the county recorder to charge a fee of: (1) $5 for the first page; and (2) $1 for each additional page; of each document recorded by the county recorder. Provides that: (1) 60% of the fees collected shall be deposited in the county's housing trust fund; and (2) 40% of the fees shall be deposited in the affordable housing and community development fund. Provides that, beginning July 1, 2007, on July 1 of each year, the interest balance in the property custody fund and the interest balance in the abandoned property fund shall be transferred to the affordable housing and community development fund. (Current law provides that on July 1 of each year, the interest balance in the property custody fund and the interest balance in the abandoned property fund shall be transferred to the state general fund.)
Date Action 02/20/2007 H: Committee Report amend do pass, adopted
P HB1360 Common construction wage. (Leonard) Digest Requires that notice of a meeting of a committee to determine the common construction wage must be published on the Internet. Increases to $500,000 the base amount under which a common construction wage need not be determined for 2008. Provides for adjusting the base amount for each year after 2008.
Date Action 01/16/2007 H: 1st Reading Assigned Labor and Employment
P HB1362 County drain maintenance funding. (Bell) Digest Requires a maintenance report under the drainage law to include: (1) the estimated remaining useful life of the drain; and (2) the total estimated cost of reconstructing the drain at the end of the useful life of the drain. Provides that in preparing the schedule of assessments, a drainage board may base the amount annually assessed against each tract of land for maintenance on the total estimated cost of reconstructing the drain divided equally over the estimated remaining useful life of the drain, if the useful life of the drain is 20 years or more. Provides that if a drainage maintenance fund has a balance in excess of the amount reasonably needed for maintenance work, the drainage board may use the balance to reduce the annual maintenance assessments for the drain. Provides that a person liable for the payment of a drainage assessment may elect to pay the assessment in equal installments over a period of not more than 20 years (rather than five years).
Date Action 01/16/2007 H: 1st Reading Assigned Agriculture and Rural Development
P HB1364 Sentencing policy study committee. (Foley, Bray) Digest Reestablishes the sentencing policy study committee to evaluate sentencing laws and policies for an additional two years. (The introduced version of this bill was prepared by the sentencing policy study committee.)
Date Action 02/19/2007 S: 1st Reading Assigned Judiciary
P HB1368 Local regulation of fireworks and other items. (Stevenson) Digest Provides that a county or municipality may limit or prohibit the possession or use of consumer fireworks or certain other items by ordinance, and provides for enforcement of a violation. Makes a conforming amendment.
Date Action 01/16/2007 H: 1st Reading Assigned Local Government
P HB1369 Veterans' and surviving spouses' deduction. (Stevenson) Digest Extends eligibility for the property tax deduction for World War I veterans and surviving spouses to all veterans who serve in the United States armed forces in any war or perform equally hazardous duty.
Date Action 01/16/2007 H: 1st Reading Assigned Ways and Means
P HB1375 Employee health coverage. (Fry) Digest Requires a local governmental unit, public library, school corporation, or state educational institution that provides health coverage to its employees to provide the coverage through the state employee health plans. Allows a small employer to provide coverage for employees under the state employee health plans. Requires the state employee health plans to be designed in a manner that allows employees to choose specific benefits. Makes conforming amendments.
Date Action 01/16/2007 H: 1st Reading Assigned Insurance
P HB1379 Bulk form copies. (Hoy, Deig) Digest Increases, from five to ten cents a page, the fee that the county recorder can charge a bulk user for bulk form copies.
Date Action 02/19/2007 S: 1st Reading Assigned Local Government and Elections
P HB1394 Public employees' retirement fund benefits. (Buell) Digest Reduces from ten to eight the number of years of creditable service a member of the public employees' retirement fund (PERF) must earn to obtain vested status. Reduces from 20 to 12 the number of calendar quarters used in the computation of the "average of the annual compensation" for a PERF member. Allows a PERF employer to elect to increase from 1.1% to 1.67% the multiplier used by the employer's PERF members who retire after the date the election is effective to calculate the pension portion of the retirement benefit for creditable service earned after the date the election is effective. Requires an employer that first becomes a participant in PERF after June 30, 2008, to use the 1.67% multiplier.
Date Action 01/16/2007 H: 1st Reading Assigned Ways and Means
P HB1396 Liability for inadequate drainage. (Ruppel) Digest Imposes liability on a governmental entity or an employee of a governmental entity for a loss that results from gross negligence, willful or wanton misconduct, or intentional misconduct in failing to provide adequate drainage from industrial or commercial sites.
Date Action 01/16/2007 H: 1st Reading Assigned Agriculture and Rural Development
P HB1402 Slot machines. (Reske) Digest Authorizes slot machines at racetracks and satellite facilities in Indianapolis and Fort Wayne. Limits a permit holder who offers slot machines to the number of satellite facility licenses issued to the permit holder before January 1, 2007. Requires the satellite facilities in Indianapolis and Fort Wayne to be jointly operated by the permit holders. Imposes a state wagering tax of 32.5% on the first $150,000,000 of annual adjusted gross receipts and 37.5% on the annual adjusted gross receipts exceeding $150,000,000. Redirects certain riverboat admissions taxes from the horse racing commission to the state general fund. Reduces the supplemental distribution paid to the horse racing commission in state fiscal years ending before July 1, 2009, and eliminates the supplemental distribution after June 30, 2009. Provides for the annual distribution of state slot machine wagering taxes. Imposes a horse racing promotion fee of 15.25% of the adjusted gross receipts from slot machine wagering. Provides for the distribution of the fees to purses, breed development, and the associations representing owners, breeders, and trainers. Requires 160 live racing days each year. Establishes the minority and women business participation fund consisting of fees and civil penalties imposed upon riverboats and slot machine operators. Makes an appropriation.
Date Action 01/16/2007 H: 1st Reading Assigned Public Policy
P HB1404 Pickup trucks in road funding formula. (Stutzman) Digest Provides that the money in the local road and street account shall be distributed among counties according to the ratio of each county's passenger car and pickup truck registrations to the total passenger car and pickup truck registrations statewide. (Under current law, pickup truck registrations are disregarded in the distribution formula.) Phases in the change over four years, beginning July 1, 2007.
Date Action 01/16/2007 H: 1st Reading Assigned Ways and Means
P HB1413 Township cumulative funds. (Dembowski) Digest Provides that money in a cumulative firefighting building and equipment fund may be used to pay for utility services and property or casualty insurance during the period beginning January 1, 2008, and ending December 31, 2010.
Date Action 01/16/2007 H: 1st Reading Assigned Local Government
P HB1415 Pension obligation bonds. (Day) Digest Permits bonds, notes, or other obligations that are issued by a county or municipality to pay certain pension benefits to have a final maturity of not more than 40 years and be issued in an amount that does not exceed 2% of the true tax value of the property located within the county or municipality. Requires the proceeds of the bonds, notes, or other obligations to be deposited in a separate account in the pension relief fund.
Date Action 02/14/2007 H: Committee Sched 10:45 a.m. Room 404 Ways and Means
P HB1424 Certified technology parks. (Austin) Digest Provides that a certified technology park is subject to the review of the Indiana economic development corporation and must be recertified every four years. Provides that the failure of any party to comply with the terms of an agreement to establish a certified technology park may result in the termination or rescission of the designation of the area as a certified technology park. (Current law provides that noncompliance does not result in the termination or rescission of a designation.)
Date Action 02/19/2007 H: 2nd Reading Order Engrossed
P HB1427 Protecting undercover officer information. (Austin, Wyss) Digest Allows a state or local government agency to withhold records from public disclosure that contain certain information about a law enforcement officer operating in an undercover capacity.
Date Action 02/19/2007 S: 1st Reading Assigned Homeland Security, Transportation & Veterans Affairs
P HB1431 Floodway reclamation. (Buck) Digest Establishes the floodway reclamation revolving fund (fund) to assist counties and municipalities in purchasing damaged residential property in floodways. Transfers money from the counter- cyclical revenue and economic stabilization fund to the fund. Makes an appropriation.
Date Action 01/16/2007 H: 1st Reading Assigned Ways and Means
P HB1432 Access to public records. (Buck) Digest Requires a public agency to respond to a request to inspect or copy a public record not later than seven working days after the request is made. Allows a public agency to extend by not more than 30 days the time within which the agency must grant or deny a request or provide the records if the agency: (1) responds within seven working days; and (2) specifies the reason that an extension is necessary. Requires a person to file a formal complaint with the public access counselor before filing an action in court to compel disclosure of a public record. Provides that a formal complaint must be filed with the public access counselor not later than 15 days after a request to inspect or copy a public record is denied and that an action must be filed in court not later than 60 days after a request is denied. Provides that a prevailing plaintiff in an action to compel disclosure of a public record may collect attorney's fees and court costs only if the defendant's denial of access to the public record was arbitrary and capricious. Establishes the public access education fund. Provides for a civil penalty of $1,000 against the person designated by a public agency as being responsible for public records release decisions for the public agency, if the person knowingly or intentionally denies access to a public record in violation of the public records law. Requires that any civil penalties collected be deposited in the public access educational fund. Repeals a provision that states that a formal complaint concerning access to public records need not be filed with the public access counselor before an action is filed in court.
Date Action 01/26/2007 H: 1st Reading Assigned Public Policy
P HB1433 Agricultural enterprise zones. (Buck) Digest Permits the board of the economic development corporation to designate certain areas as agricultural enterprise zones. Provides exemptions from property taxes for agricultural processing facilities located in the zones. Provides that real and personal property located in a zone may be assessed for payment of property taxes committed to funding or paying bonded indebtedness or certain lease rentals. Prohibits a person from claiming both the incentives provided to enterprise zone businesses and the agricultural enterprise zone property tax exemption. Prohibits a person from claiming the investment deduction for property located in an agricultural enterprise zone.
Date Action 02/08/2007 H: Referred Referred to Ways and Means
P HB1434 Drug free communities fund. (Reardon, Landske) Digest Requires a county fiscal body to allocate 25% of the money in the county drug free community fund to persons, organizations, agencies, and political subdivisions to provide services and activities based on the comprehensive drug free communities plan submitted by the local coordinating council and approved by the commission for a drug free Indiana.
Date Action 02/22/2007 H: Co Sponsor Added Frank Mrvan, Jr.
P HB1437 Forensic diversion. (Foley) Digest Imposes additional requirements for a person to participate in a pre-conviction or post-conviction forensic diversion program. Provides that a person who has both a mental illness and an addictive disorder may participate in a forensic diversion program. (Current law allows a person who has a mental illness or an addictive disorder to participate.) (The introduced version of this bill was prepared by the forensic diversion study committee.)
Date Action 02/19/2007 H: 2nd Reading Order Engrossed
P HB1441 Slot machines. (Austin) Digest Authorizes slot machines at racetracks. Limits a permit holder who offers slot machines to the number of satellite facility licenses issued to the permit holder before January 1, 2007. Imposes a state wagering tax of 32% of the adjusted gross receipts from slot machine wagering. Redirects certain riverboat admissions taxes from the horse racing commission to the state general fund. Reduces the supplemental distribution paid to the horse racing commission in state fiscal years ending before July 1, 2009, and eliminates the supplemental distribution after June 30, 2009. Provides for the annual distribution of state slot machine wagering taxes. Imposes a local wagering tax of 5%. Provides for the distribution of the local taxes in Madison County and Shelby County. Imposes a horse racing promotion fee of 15.25% of the adjusted gross receipts from slot machine wagering. Provides for the distribution of the fees to purses, breed development, and the associations representing owners, breeders, and trainers. Requires 160 live racing days each year.
Date Action 01/16/2007 H: 1st Reading Assigned Public Policy
P HB1443 Solid waste boards. (Thompson) Digest Provides that solid waste board members may be compensated for attending meetings. (Under current law, only the members of a solid waste management advisory committee may be compensated for attending meetings.) Provides that the compensation for a board member or an advisory committee member may not exceed $75 per meeting.
Date Action 01/16/2007 H: 1st Reading Assigned Environmental Affairs
P HB1446 Distribution of certain court fees. (Thompson) Digest Decreases the state share of criminal costs fees, infraction or ordinance violation costs fees, juvenile costs fees, civil costs fees, small claims costs fees, probate costs fees, and deferred prosecution fees collected by court clerks from 70% to 67%. Increases the share of those fees distributed to certain cities and towns from 3% to 6%.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1447 Boone circuit court magistrate. (Thompson) Digest Allows the judge of the Boone circuit court to appoint one full-time magistrate to exercise the circuit court's juvenile jurisdiction.
Date Action 01/23/2007 H: 1st Reading Assigned Judiciary
P HB1448 Annexation. (Thompson) Digest Allows at least 50% of the owners of land in annexed territory to file a written remonstrance if the county executive of the county in which the annexing municipality is located adopts a resolution disapproving the annexation.
Date Action 01/23/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HB1449 Civil taxing unit maximum property tax levy. (Thompson) Digest Eliminates the limitation on the amount of a civil taxing unit's maximum permissible property tax levy for the current year that results from imposition in the immediately preceding year of an actual levy that is lower than the maximum. Corrects cross-references.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1451 County government reorganization. (Thompson) Digest Requires county election boards in counties not having a consolidated city to place a public question on the ballot at the November 2008 general election to allow the voters of each county to determine whether: (1) the county executive and the county legislative body in the county should be an elected board of county commissioners; or (2) the board of county commissioners of the county should be eliminated, the county executive should be an elected chief executive officer, and the county council should be the county legislative body as well as the county fiscal body. Provides that in a county in which the voters have voted in favor of having a county chief executive officer: (1) the initial county chief executive officer shall be elected for a four year term at the November 2010 general election; (2) all powers and duties of the county that are executive or administrative in nature shall be exercised or performed by the chief executive officer; and (3) all powers and duties of the county that are legislative in nature shall be exercised or performed by the county council functioning as the county legislative body. Provides that the current statute allowing the county council to act as the legislative body in certain counties expires in 2011. Requires county election boards in counties not having a consolidated city to place a public question on the ballot at the November 2008 general election to allow the voters of each county to determine whether: (1) a county finance department should be established in the county to assume the powers and duties currently held by the county auditor, the county treasurer, and the county assessor; or (2) the county auditor, the county treasurer, and the county assessor should retain their powers and duties. Provides that if the voters of a county choose to have a county finance department: (1) the county executive shall appoint a county controller to be the fiscal officer of the county and serve as the head of the county finance department; (2) the county controller has the duties and powers assigned by statute to the county auditor, county treasurer, and county assessor; (3) the county auditor, county treasurer, and county assessor no longer have those powers; and (4) the office of county assessor is abolished. Requires county election boards in counties not having a consolidated city to place a public question on the ballot at the November 2008 general election to allow the voters of each county to choose whether: (1) the county executive shall determine the county departments and employees that will be responsible for carrying out powers and duties assigned by statute to the county recorder and county surveyor; or (2) the county recorder and county surveyor should retain their powers and duties. Provides that if the voters of a county choose to have the county executive make the determination: (1) the county executive shall determine the departments and employees that have those powers and duties; and (2) the county recorder and county surveyor no longer have those powers and duties. Requires the coroners training board to prescribe a minimum basic training course for coroners. Requires each coroner to successfully complete the minimum basic training course for coroners not later than six months after taking office. Provides that if a coroner does not successfully complete the minimum basic training course, the county shall withhold the paycheck of the coroner and may not compensate the coroner until the coroner successfully completes the course.
Date Action 01/23/2007 H: 1st Reading Assigned Government and Regulatory Reform
P HB1464 Various matters concerning property. (Hinkle) Digest Expands the list of persons who are prohibited from bidding on property at a tax sale to include: (1) persons who have been convicted of maintaining a common nuisance; and (2) persons on whom a fee has been imposed for multiple law enforcement runs to the person's property. Provides that persons who are prohibited from bidding at a tax sale are also prohibited from purchasing property at a sheriff's foreclosure sale. Provides that a person who knowingly or intentionally maintains a building, structure, vehicle, or other place that is used for the purpose of prostitution, criminal gang activity, or criminal gang intimidation commits maintaining a common nuisance. Specifies certain acts that are included in the definition of "waste" under the landlord-tenant law. Provides that if a court finds that the tenant has committed or threatens to commit waste to a rental unit, the court must order the tenant to return possession of the dwelling unit to the landlord immediately. Provides that if a landlord obtains a court order to evict a tenant, the landlord may remove and dispose of the tenant's personal property in accordance with the court order, without delivering the personal property to a warehouseman. Repeals superseded provisions relating to storage of a tenant's personal property. Authorizes the prosecuting attorney to impose a criminal activity investigation fee on the owner of property if at least three reports substantiating the occurrence of certain types of criminal activity on the property have been filed by law enforcement officers during the preceding 12 months. Establishes certain restrictions on the imposition of the fee. Provides that if a fee remains unpaid for more than 30 days after it is billed to
Date Action 01/26/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HB1469 Polling places. (Reske) Digest Requires a county to establish polling places in public buildings before establishing polling places in other locations. Provides that school instructional days may not be conducted on election days.
Date Action 02/14/2007 H: Committee Sched 3:30 p.m. Room 156A Elections and Apportionment
P HB1470 Sales tax increment financing. (Reske) Digest Provides that a redevelopment commission may establish a sales tax increment financing area (area) to capture 50% of the sales and use taxes remitted by businesses that begin operating in the area after the area is established. Provides that the sales and use taxes captured by the redevelopment commission may be used to make beneficial improvements that would not otherwise be made as a result of regulatory processes or the ordinary operations of private enterprise.
Date Action 02/20/2007 H: Committee Report do pass, adopted
P HB1471 Public safety officers' survivor insurance. (L. Lawson) Digest Provides that if an employer of a public safety officer provides health insurance for active employees, the employer shall provide and pay for health coverage for the survivors of a public safety officer who dies in the line of duty.
Date Action 02/22/2007 H: 2nd Reading Order Engrossed
P HB1478 Personal property tax assessment. (Kuzman) Digest Specifies that a person contracted to discover omitted or undervalued property may review only the three assessment years ending before January 1of the year in which a taxpayer receives notice of the person's actions under the contract. Specifies the priority of payments from a special nonreverting fund created for the deposit of taxes resulting from additional assessments on undervalued or omitted property.
Date Action 02/20/2007 H: Co Author Added P. Eric Turner
P HB1480 Judges' pensions. (Kuzman) Digest With respect to both the 1977 and the 1985 benefit systems of the judges' retirement fund: (1) adds four years of service to the schedule that determines the percentage of salary to which a retiree is entitled (ending at 26 years of service instead of 22 years); and (2) increases the maximum percentage to 64% after 26 years (instead of 60% after 22 years). Allows a person serving as a full-time magistrate on July 1, 2007, and requires a person who begins serving as a full-time magistrate after that date and before January 1, 2008, to become a participant in the judges' 1985 benefit system. Allows magistrates who are participants in the judges' 1985 benefit system to purchase, at full actuarial cost, service credit for prior service covered by an Indiana public employees' retirement fund. Changes the salary base that is used to determine benefits under the 1985 benefit system to the salary currently being paid for the last office held by the retiree (instead of the salary that was paid for that office at the time the retiree left service). Increases the monthly benefit payable to participants, survivors, and beneficiaries of the judges' 1985 benefit system under the same conditions as the monthly benefit is increased for participants, survivors, and beneficiaries of the judges' 1977 benefit system. Provides that the changes in the benefit structure of both the 1977 and the 1985 benefit systems apply only to persons who retire, become disabled, or die after June 30, 2007 (and their surviving spouses and dependent children). Authorizes a participant with at least eight years of creditable service in the judges' retirement system who is also vested in the public employees' retirement fund (PERF) to elect to use not more than ten years of PERF service credit to qualify for a retirement benefit from the
Date Action 02/22/2007 H: Co Author Added Lawrence Lee Buell
P HB1483 Common construction wage. (Niezgodski, Broden) Digest Empowers the department of labor (department) to enforce the common construction wage law through investigation of alleged violations, imposition of certain remedies, and application for judicial remedies. Forbids retaliation against an individual who acts to assist the enforcement of the common construction wage law. Authorizes the department to adopt administrative rules to implement certain enforcement powers. Reduces from three classes to two skill levels the classification of labor to be employed in the performance of a contract for a public work project. Includes journeymen in the skilled labor level. Replaces the classes of semiskilled labor and unskilled labor with the apprentice labor level and defines apprentice. Provides that persons who have certain relationships with a contractor or subcontractor that violates the law may not be awarded public work contracts for certain periods of time. Provides that an agreement in which a worker agrees to work for less than the common construction wage is void. Authorizes certain persons to maintain a private action on behalf of a worker to recover damages for the contractor's or subcontractor's failure to pay the worker the common construction wage. Provides that violations of the common construction wage law are misdemeanors. Removes from the common construction wage law exceptions under which the law does not apply to: (1) contracts let by the Indiana department of transportation for the construction of highways, streets, and bridges; and (2) certain public work done for Purdue University on agricultural or forestry land owned or occupied by Purdue. Repeals a superseded criminal statute.
Date Action 02/19/2007 S: 1st Reading Assigned Pensions and Labor
P HB1485 Tax increment financing. (Noe) Digest Provides that for purposes of the various tax increment financing (TIF) statutes, property taxes are not part of the tax increment captured by a particular TIF district if those property taxes are attributable to assessed valuation that: (1) was the subject of a tax abatement deduction on the effective date of the TIF allocation provision; and (2) is no longer the subject of the tax abatement deduction. Provides that a redevelopment commission must find that designating an area as a redevelopment area is in the best interest of the taxing units containing the area needing redevelopment and the taxing units containing territory within three miles of the area needing redevelopment, considered as a whole. Provides that after submitting a resolution and supporting data to the plan commission for approval, the redevelopment commission must also file a copy of the resolution and supporting data with certain taxing units. Provides that if: (1) the plan commission and the municipal legislative body or county executive approve a resolution of the redevelopment commission; and (2) the redevelopment commission takes final action approving the resolution; the redevelopment commission must file notice of the final action with the legislative bodies of certain taxing units. Requires each legislative body receiving the notice of the final action to: (1) adopt a resolution that either approves or objects to the final action of the redevelopment commission; and (2) file the resolution with the appropriate municipal legislative body or county executive. Provides that in addition to any objections that are filed by taxing units, the final action of a redevelopment commission may be appealed by the filing with the appropriate municipal legislative body or county executive of a written remonstrance signed by: (1) at least 65% of the owners of the land in the redevelopment project area and any territory within three miles of the redevelopment project area; or (2) the owners of more than 75% of the assessed valuation of the land in the redevelopment project area and any territory within three miles of the redevelopment project area. Provides that if an objection is filed by a taxing unit or a remonstrance is filed, the municipal legislative body or county executive receiving the objection or remonstrance must hold a public hearing concerning the final action of the redevelopment commission. Specifies that the municipal legislative body or county executive may approve the final action of the redevelopment commission only if that final action is of public utility and benefit and in the best interest of the taxing units, considered as a whole. Provides that if an objection or remonstrance is filed with the municipal legislative body or county executive, the final action of the redevelopment commission may take effect only if the final action is approved by the municipal legislative body or county executive. Provides that if the final action of a redevelopment commission is appealed to a court, the burden of proof is on the redevelopment commission (rather than the remonstrator). Provides that a redevelopment commission may not designate an economic development area that is more than 100 acres unless the plan approved by the redevelopment commission for the economic development area includes a commitment or plan for the provision of water, sewage, and other utility services to the economic development area within three years.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1491 Collective bargaining for public employees. (Cheney) Digest Permits certain governmental employees and noncertificated employees of school corporations to form and join unions. Establishes a five member public employees relations board. Establishes a procedure for the selection and decertification of an exclusive bargaining representative. Establishes employer and employee rights. Specifies prohibited practices. Requires the employer to bargain collectively when an exclusive representative has been certified. Establishes negotiation, mediation, factfinding, and binding arbitration procedures. Establishes mandatory subjects of negotiation. Provides that all decisions, opinions, or awards made by an arbitrator are subject to public inspection and copying. Provides that a proposed bargaining agreement subject to ratification by the parties is confidential. Requires a grievance procedure to be included in each collective bargaining agreement. Makes strikes by certain public employees unlawful, and establishes penalties for strikes.
Date Action 01/23/2007 H: 1st Reading Assigned Labor and Employment
P HB1492 Tax abatement for leased property. (Leonard) Digest Allows a property owner to apply for the economic revitalization property tax abatement when the property owner leases the property to a lessee who uses the property and employs the individuals necessary to receive the abatement.
Date Action 01/25/2007 H: Co Author Added Phil GiaQuinta
P HB1502 Public health issues. (Orentlicher) Digest Requires the state department of health to include Creutzfeldt-Jakob disease as a communicable disease, and requires specified persons to report a diagnosis of the disease. Requires a county coroner to perform an autopsy on an individual with a suspected diagnosis of Creutzfeldt-Jakob disease. Provides that the consent of a patient or the patient's representative to HIV screening may be either oral or in writing. Provides that an employee is entitled to an isolation or quarantine employment leave under certain circumstances. Protects an employee's employment and benefit rights during an isolation or quarantine employment leave. Provides that an employee who is denied isolation or quarantine employment leave may bring a civil action against an employer to enforce the rights of the employee to isolation or quarantine employment leave. Encourages the state department of health to implement a pilot program at hospitals or outpatient clinics to test specified individuals for HIV.
Date Action 01/23/2007 H: 1st Reading Assigned Public Health
P HB1503 Coroners and child deaths. (Orentlicher, Lawson) Digest Requires the state department to adopt rules: (1) for hospitals and physicians to identify suspicious deaths of children; and (2) to certify a child death pathologist. Allows a local child fatality review team or the statewide child fatality review committee to subpoena documents regarding a death that the team is reviewing. Requires a certified child death pathologist (CCDP) to: (1) consult with the coroner; (2) conduct certain autopsies; and (3) perform certain duties. Requires a coroner to notify a local or the statewide child fatality review team of: (1) each death of a person less than 18 years of age; and (2) a possible SIDS death. Requires a coroner to consult with a CCDP to determine if an autopsy is necessary if the person who died is less than 18 years of age. Provides procedures if a coroner and CCDP do not agree if an autopsy is necessary of a person less than 18 years of age. Makes it a Class B infraction if a person knowingly or intentionally fails to contact a coroner or law enforcement agency of the discovery of a body of a child less than 1 year old who has died. Requires a coroner to obtain court approval to make an autopsy report confidential. Requires a coroner to make an autopsy report available to the department of child services or fatality review teams. Repeals the chapter concerning the commission on forensic sciences. Repeals language regarding a coroner charging another county for the costs of an autopsy of a resident of the other county. Makes conforming amendments.
Date Action 02/22/2007 H: 2nd Sponsor Added Vi Simpson
P HB1506 Property tax deductions and inheritance taxes. (Foley) Digest Provides that a trust is entitled to certain property tax deductions for real property owned by the trust if the property is occupied by an individual who has a beneficial interest in the trust, is considered to have a life estate in the real property, and otherwise qualifies for the deduction. Removes a provision that prevents individuals who are adopted as adults after June 30, 2004, from being considered Class A transferees for purposes of the inheritance tax. Increases the Class B transferee inheritance tax exemption amount from $500 to $20,000 and the Class C transferee inheritance tax exemption amount from $100 to $10,000. Increases from $1,000 to $5,000 the maximum amount that may be deducted for purposes of inheritance tax from the value of property interests transferred by a resident decedent for the purchase of a memorial for the decedent. (The introduced version of this bill was prepared by the probate code study commission.)
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1508 Probate and trust matters. (Koch, Zakas) Digest Provides that when a court has not directed notice by rule, the default certified or registered mail option is replaced by the option to provide notice by first class postage prepaid mail. Specifies that the notice provided by the clerk of the court to an heir, a devisee, a legatee, or a creditor when letters testamentary or of administration are issued shall be served by certified mail. Provides that a will can be admitted to probate more than three years after the decedent's death if the will is presented for probate less than 60 days after: (1) another will previously offered for probate is denied probate; or (2) the probate of another will previously admitted to probate is revoked. Authorizes the use of an affidavit to obtain the information necessary to determine whether the value of a decedent's gross probate estate is low enough to allow the estate to be administered summarily. Provides immunity from civil liability to a person who provides information in good faith reliance upon the affidavit. Increases the maximum gross value of a probate estate that may be summarily distributed and closed upon the filing of an affidavit from $25,000 to $50,000. Specifies that the personal representative has the right to take possession of all the property of the decedent, without exception. Removes a provision under which the personal representative is not authorized to possess property subject to the surviving spouse and family allowances. Provides that the notice requirements applying to hearings on filed estate accountings also apply to a hearing on a petition for a court to decree the final distribution of an estate. Requires notice to be given by certified mail when a petition for the appointment of a guardian or for the issuance of a protective order is filed under the probate code. Specifies that when a petition for appointment of a guardian or for the issuance of a protective order is filed with the court, notice of the petition and the hearing on the petition shall be given by certified mail. Removes a provision requiring that notices concerning guardianship petitions be given according to the notice requirements applicable to hearings on guardianship petitions. Provides that upon the termination of a guardianship any remaining property subject to the guardianship may be transferred to a trust approved by the court or to a custodian under the Uniform Transfers to Minors Act. Authorizes the self-appointment of certain fiduciaries as custodians under the Uniform Transfers to Minors Act. Eliminates the requirement that a trust certification document include the trust's taxpayer identification number. Provides that the trustee of a trust to which an interest in real property is transferred is considered the insured owner under a title insurance policy issued for the interest in real property if the transfer meets certain conditions. Makes technical corrections. (The introduced version of this bill was prepared by the probate code study commission.)
Date Action 02/19/2007 S: 1st Reading Assigned Judiciary
P HB1512 Petition and remonstrance procedures. (Moses) Digest Requires lease rentals or bond issues for local capital projects that will cost more than $2,000,000 to be approved by a local referendum if the preliminary determination to enter into the lease or issue bonds is made after June 30, 2007. Provides that the petition and remonstrance process applies if the preliminary determination to enter into the lease or issue bonds is made before July 1, 2007. Makes conforming amendments. Allows registered voters to petition for or remonstrate against the proposed incorporation of a town. (Current law restricts participation in the process to landowners.)
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1513 Hours and dates of consumer firework use. (Moses) Digest Provides that a person who ignites, discharges, or uses consumer fireworks on any day other than January 1, July 3, July 4, July 5, or December 31 and other than at certain times on these dates commits a Class C infraction, or a Class C misdemeanor under certain circumstances.
Date Action 02/06/2007 H: Referred Referred to Ways and Means
P HB1520 Sheriff's compensation. (Buell) Digest Provides that the maximum annual compensation for a county sheriff is the sum of: (1) the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county; and (2) the amount of any additional annual salary paid by the county from county sources to a full-time prosecuting attorney in the county. Requires the sheriff to deposit into the county general fund any tax warrant collection fees that would, if retained by the sheriff, result in the sheriff's annual compensation exceeding the allowed amount.
Date Action 01/26/2007 H: 1st Reading Assigned Judiciary
P HB1521 Motor vehicle accident scenes and coroners. (Moses, Kruse) Digest Requires the driver of a vehicle involved in an accident that results in injury to or the entrapment of a person in a vehicle to: (1) stop the vehicle at the scene of the accident; and (2) render assistance to each person injured or entrapped in the accident. Provides that if the driver of a vehicle involved in an accident is physically incapable of making an immediate report of the accident to the appropriate law enforcement agency, another occupant in the vehicle capable of making the report must: (1) immediately report the accident to the appropriate law enforcement agency; and (2) render reasonable assistance to each person injured or entrapped in the accident. Provides that a driver or occupant who knowingly, intentionally, or recklessly violates any of these provisions commits a Class C misdemeanor. Requires a coroner to file a certificate of death with a county health department within 72 hours after the completion of a death investigation. Removes a provision allowing a coroner to employ the services of the medical examiner system. Makes knowingly or intentionally failing to notify a coroner or law enforcement agency of the discovery of a body of a person who died from violence or in an apparently suspicious, unusual, or unnatural manner a Class A misdemeanor. (Under current law it is a Class B infraction.) Makes it a Class D felony for a person, with intent to hinder a criminal investigation and without the permission of a coroner or a law enforcement officer, to knowingly or intentionally alter the scene of death of a person who has died from violence or in an apparently suspicious, unusual, or unnatural manner. (Current law provides that it is a Class D felony if a person moves or transports the body.) Defines "autopsy" for purposes of the law requiring a coroner who performs an autopsy to bill the county in which the incident causing the death of the autopsy subject occurred. Provides that if an Indiana resident dies in an Indiana county as a result of an incident that occurred in another Indiana county, the coroner of the county in which the death occurred may not request an autopsy to be performed on the Indiana resident until the coroner of the county in which the death occurred has consulted with the coroner of the county in which the incident occurred. Requires a coroner to follow the Uniform Anatomical Gift Act concerning organ and tissue procurement. Repeals provisions: (1) authorizing a coroner to issue a warrant for the arrest of an individual whom the coroner is charging with a felony; and (2) requiring a coroner or a coroner's representative to attend meetings of the commission on forensic sciences when invited.
Date Action 02/22/2007 H: 2nd Sponsor Added Lindel O. Hume
P HB1522 Various tax and state administration matters. (Murphy) Digest Eliminates the power of a school corporation to impose a property tax levy for the school corporation's general fund or a charter school after 2007. Extends the school funding formula for one year, and requires the state to pay the local contribution for school corporations and charter schools that was previously paid from the general fund levy. Eliminates the limitation on the maximum state distribution under the school funding formula. Eliminates the requirements concerning a minimum distribution from the state property tax replacement fund. Eliminates the authority of Dearborn County and Lake County to impose a county supplemental school financing property tax levy, and reduces the maximum permissible levy that may be imposed in each county by the amount of the county supplemental school financing property tax levy imposed in 2007. Provides for replacement of the revenues lost to an area in which a tax increment financing arrangement is in place as a result of the elimination of property tax levies for each school corporation's general fund. Makes related changes. Requires the state to: (1) finance the county family and children's fund and the children's psychiatric residential treatment services fund; and (2) pay for: (A) medical assistance to wards; (B) hospital care for the indigent; and (C) services provided to children with special health care needs. Removes the authority for a county to levy property taxes for any of the listed services or funds. Repeals the following state and county funds: (1) The medical assistance to wards funds. (2) The children with special health care needs funds. (3) The hospital care for the indigent funds. Makes conforming changes. Provides that transactions involving the sale of utility service to a person in Indiana for domestic, commercial, or industrial use are exempt from the state gross retail tax. Makes conforming amendments in the statutes governing the taxing situs of: (1) nonmobile telecommunications service; and (2) mobile telecommunications service. Repeals obsolete provisions: (1) providing a state gross retail tax exemption for sales of home energy through the state's home energy assistance program; and (2) subjecting sales of certain prepaid calling services to the state gross retail tax. Allows the department of state revenue to adopt emergency rules to implement the state gross retail tax exemption for sales of utility service.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1524 Grow our local economy districts. (Murphy) Digest Provides that a county fiscal body may adopt a resolution designating certain townships as grow our local economy districts (district). Provides that a township may be designated as a district only if the net residential assessed value in the township is at least 65% of the total net assessed value in the township. Requires a county fiscal body to make certain findings before adopting the resolution designating a district. Provides that after adopting a resolution designating a district, the county fiscal body must submit the resolution to the Indiana economic development corporation (IEDC) for approval. Specifies that if the designation of a district is approved by the IEDC, the treasurer of state shall establish an incremental tax financing fund for the district. Provides that incremental sales and use taxes collected by businesses that begin operating in the district after the district is approved and incremental income taxes from wages of employees of businesses that begin operating in the district after the district is approved shall be paid to the incremental tax financing fund and distributed to the county containing the district. Specifies that not more than $5,000,000 of total incremental tax revenue may be distributed to a county for a particular district. Authorizes a county to use the incremental tax revenue from a district to: (1) finance, construct, improve, equip, operate, or maintain an economic development project or a local public improvement in the district; (2) acquire or lease any land or facilities for an economic development project or a local public improvement in the district; (3) pay debt service on bonds or other obligations; or (4) establish and maintain a debt service reserve. Requires a county fiscal body to designate the duration of a district. Provides that a district must terminate not later than 30 years after incremental tax revenue is first distributed to the county.
Date Action 01/23/2007 H: 1st Reading Assigned Small Business and Economic Development
P HB1527 Fireworks regulations. (Walorski) Digest Provides that a county or municipality may limit the use or hours of use of fireworks. Makes a conforming amendment.
Date Action 01/23/2007 H: 1st Reading Assigned Local Government
P HB1530 Property tax exemptions. (Denbo) Digest Provides that a fraternal organization is entitled to a property tax exemption applied in the form of a credit against the property taxes on otherwise taxable property in the amount of 1/3 of the organization's average contributions to charity or to a college scholarship fund in the preceding two years. Allows political subdivisions to adjust assessed values used to set property tax rates to avoid shortfalls that would otherwise result from the credits.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1531 Fulton County innkeepers' tax. (Gutwein) Digest Permits Fulton County to impose an innkeepers' tax of up to 6%. Provides for the distribution of the county innkeepers' tax revenue.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1533 Property tax freeze. (Thompson) Digest Imposes a freeze on the total amount of ad valorem property taxes that may be imposed in Indiana beginning in 2008 other than for an obligation that: (1) was entered into before April 15, 2007; and (2) includes a pledge requiring a taxing unit or allocation area to repay the obligation only from property taxes. Authorizes a taxing unit to adopt a levy freeze replacement income tax to replace the revenue lost as a result of the application of the property tax levy freeze. Defines the term "fiscal officer" for certain political subdivisions.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1535 Local income taxes. (Thompson) Digest Reorganizes local option income taxes as follows: (1) Relocates to the county adjusted gross income tax (CAGIT) law all provisions imposing a county option income tax rate (COIT) or county economic development income tax rate (CEDIT) that is dedicated to property tax relief; (2) Relocates to the COIT law all provisions imposing a CAGIT tax rate for certified shares, an additional designated use CAGIT tax rate, or an additional designated use CEDIT tax rate that is not dedicated for property tax relief; and (3) Merges the CEDIT and COIT laws in 2009. Transfers the responsibilities of the county income tax council under the COIT and CEDIT laws to the county fiscal body. Freezes the CAGIT, COIT, and CEDIT tax rates at 2007 levels for one year and eliminates all rate caps for CAGIT, COIT, and CEDIT taxes after 2008. Establishes a municipal option income tax for cities with a population of at least 20,000 and reduces the COIT tax by the amount of the initial municipal option income tax. Makes related changes.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1539 Replacement of property tax with transfer tax. (T. Brown) Digest Provides that property may not be assessed for taxation after 2010. Establishes the real estate transfer tax on all transfers of a real property interest for valuable consideration. Imposes the real estate transfer tax at the rate of 10% of the consideration paid for the conveyance. Specifies exemptions from the real estate transfer tax. Establishes the county real estate transfer tax fund. Requires distributions from the fund to the civil taxing units and school corporations located in the county proportional to their 2010 property tax levies.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1540 Tippecanoe County food and beverage tax. (T. Brown) Digest Authorizes Tippecanoe County to impose a food and beverage tax. Provides that revenues derived from the tax must be used to promote cultural activities within the county and to promote the development of the Wabash River corridor within the county.
Date Action 01/23/2007 H: 1st Reading Assigned Rules and Legislative Procedures
HB1546 Access to military discharge records. (GiaQuinta, Wyss) Digest Provides that a military discharge record is not available for public inspection and copying. Allows the veteran who is the subject of the record, a veterans' service officer, an employee of the Indiana department of veterans' affairs, a funeral director, and other persons under a court order to have access to the record.
Date Action 02/19/2007 S: 1st Reading Assigned Homeland Security, Transportation & Veterans Affairs
P HB1549 Sales tax on gasoline. (Stevenson) Digest Provides a cap of $1.50 per gallon on the price of gasoline on which sales tax is charged.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1551 Campaign expenditures. (Avery, Lawson) Digest Provides that the governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, superintendent of public instruction, attorney general, and the candidate's committee of an individual who holds any of these offices may not solicit or accept campaign contributions from the first session day in January of an odd-numbered year through the day the general assembly adjourns sine die in an odd-numbered year. Provides that a person who knowingly or intentionally authorizes, finances, sponsors, or participates in the preparation, distribution, or broadcast of paid political advertising or campaign material that uses a servicemark, trademark, or other proprietary symbol without the express written consent of the owner of the proprietary symbol commits a Class A misdemeanor.
Date Action 02/22/2007 H: 2nd Sponsor Added Robert J. Deig
P HB1552 Excise tax on recreational vehicles and campers. (Crouch) Digest Provides that recreational vehicles and truck campers are subject to an excise tax instead of the property tax on personal property beginning January 1, 2009. Makes an appropriation.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1556 Termination of property taxes. (Burton) Digest Provides that ad valorem property taxes may not be imposed after 2008. Prohibits a political subdivision from issuing obligations of the corporation payable from ad valorem property taxes after the effective date of this act. Allows the general assembly to provide by law for revenue from any source to pay after 2009 obligations of a political subdivision to which the political subdivision pledged ad valorem property tax revenue.
Date Action 01/25/2007 H: Co Author Added Bruce Borders
P HB1558 Medical care expenses of county jail inmates. (Ripley) Digest Requires a court, as part of a sentence, to order a county jail inmate to reimburse a county for certain medical expenses incurred by the county in providing medical care to the inmate.
Date Action 01/23/2007 H: 1st Reading Assigned Judiciary
P HB1567 Funding of child services. (Crawford) Digest Freezes the amount of a county's obligation to provide local funding for child services from the county family and children's fund at an amount equal to the county's contribution for 2005. Requires the department of child services to provide any additional funding necessary to pay the costs of child services. Eliminates the duty of a county to enter into a temporary loan or issue bonds or other obligations to provide for the difference between the amount levied and the amount needed to pay for child services. Requires the budget agency to reimburse a county for child services expenditures in 2006 and 2007 that exceeded the county's contribution for child services in 2005.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1568 Marion County government. (Crawford, Breaux) Digest Provides that the legislative body of the consolidated city may adopt an ordinance, approved by the executive of the consolidated city, to consolidate one or more fire departments of the following into the fire department of a consolidated city: (1) A township. (2) A fire protection territory. (3) The territory in which an airport authority may provide fire protection services (if the consolidation is approved by an ordinance adopted by the governing body of the airport authority). Provides that the consolidation ordinance may not be adopted unless the legislative body of the consolidated city holds a public hearing on the proposed consolidation and determines that reasonable and adequate fire protection can be provided through consolidation and that the consolidation is in the public interest. Specifies that the ordinance may provide for a transition period and may prescribe a process for the transition. Provides that the property, equipment, records, rights, contracts (including labor contracts), and indebtedness related to fire protection services of the fire departments being consolidated are transferred to or assumed by the consolidated city. Establishes the process by which the fire department of an excluded city may be consolidated into the fire department of a consolidated city. Provides that a firefighter who is a member of the 1937 or 1977 fund remains a member of the same fund after the consolidation. Exempts from the property tax levy limits any amounts imposed by a consolidated city to fund indebtedness assumed, defeased, paid, or refunded in connection with the consolidation of fire departments into the fire department of a consolidated city. Provides that the property tax levy limit is increased for a consolidated city by the amount equal to the property tax levy for taxes for fire protection and related services by each entity whose fire department is consolidated into the fire department of the consolidated city and that the property tax levy limit is reduced for each entity. Specifies that the balance in the cumulative building and equipment fund for fire protection and related services of each entity whose fire department is consolidated into the fire department of the consolidated city be transferred to the consolidated city's cumulative building and equipment fund for fire protection and related services. Specifies that if a township or excluded city fire department is consolidated into the consolidated fire department, the monthly distributive shares of county option income taxes distributed to the township or excluded city shall be reduced by a percentage (which may not be less than 66%) set forth in the consolidation ordinance. Provides that these county option income taxes shall instead be distributed as additional distributive shares to Indianapolis/Marion County. Makes conforming changes. Does the following in Marion County: (1) Provides that beginning January 1, 2010, the duties of the township assessor are performed by the county assessor. (2) Provides that no township assessor shall be elected in the 2010 general election. (3) Provides that the office of township assessor is eliminated December 31, 2010. (4) Requires the legislative body of a county containing a consolidated city to establish a commission on the consolidation of township assessors. Provides that the commission is established January 1, 2008, and terminates December 31, 2009. Requires the commission to meet and prepare any reports required in the resolution establishing the commission to make recommendations regarding consolidation of assessor functions. (5) Provides that beginning on January 1, 2010, the township assessors of a county containing a consolidated city shall assist the county assessor in performing the functions previously performed by the township assessors and shall serve as a board to provide advice and counsel to the county assessor regarding the consolidation of township assessors. Specifies that the county assessor shall be a member of and shall chair the board. Provides that the board terminates December 31, 2010. (6) Provides that ordinances and resolutions concerning budgets and appropriations for judicial officers and certain county officers are subject to veto. (Current law exempts those ordinances and resolutions from veto.) (7) Makes legislative findings concerning the need for government consolidation in Marion County.
Date Action 02/19/2007 S: 1st Reading Assigned Local Government and Elections
P HB1574 Mishawaka school board. (Fry) Digest Provides for, beginning with the May 2008 primary election, the election of school board members in Mishawaka, if approved by a majority of the voters in Mishawaka at the November 2007 municipal election. Provides that a candidate may run as: (1) a member of a major political party; (2) a member of a political party that is not a major political party; or (3) an independent.
Date Action 01/23/2007 H: 1st Reading Assigned Elections and Apportionment
P HB1577 Publication of notices. (Hinkle) Digest Provides that the name of an emergency patient contained in a pre-hospital ambulance rescue or report record is public information and must be made available for inspection and copying. After June 30, 2007, provides that a notice published in a newspaper must also be posted on the newspaper's Internet web site if the newspaper maintains a web site that the general public may access without entering a password or paying a fee. Provides that notice of an event that must be provided before the event must be published once at least ten days before the event. Requires notice of an event that must be provided after the event must be published once within 30 days after the event. Requires the annual report of a city or town and the annual abstract of receipts and expenditures of a county to include the total payment made to each vendor in excess of $2,500, not to exceed 200 vendors. Requires cities, towns, and counties to publish salaries of officers, deputies, and employees only if the salary exceeds a certain amount. Requires a school corporation to publish the regular salaries and extracurricular salaries or stipends for school activities of individual teachers. Makes conforming amendments.
Date Action 01/23/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HB1583 Property tax circuit breaker. (Kersey) Digest Provides for the calculation of the 2% circuit breaker property tax credit after subtracting certain levies. Indicates that any reduction in collections due to the property tax credit does not relieve a taxing unit from the requirement of fully funding the payment of debt service or lease rentals.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1588 Salamonie River corridor commission. (Espich) Digest Establishes the Salamonie River corridor commission to promote the natural, cultural, and recreational resources in the Salamonie River corridor. Specifies that the commission has no power concerning land use controls or the Salamonie River.
Date Action 01/23/2007 H: 1st Reading Assigned Natural Resources
P HB1594 Rental dwelling property tax deduction. (Buell) Digest Establishes a property tax deduction for residential rental property. Specifies the deduction percentage for taxes payable in 2008 and 2009. Provides that the deduction for taxes payable after 2009 is based on deduction percentages set by the department of local government finance based on certain guidelines.
Date Action 01/23/2007 H: 1st Reading Assigned Public Policy
P HB1595 Northwestern Indiana regional planning commission. (Dobis) Digest Allows weighted voting to continue to be used by the northwestern Indiana regional planning commission (NIRPC) after June 30, 2007. Expands the NIRPC executive board from eight members to 11 members. Provides that the immediate past chairperson of NIRPC shall serve as a nonvoting member of the executive board, if that individual is not otherwise a member of the executive board. Provides that a participating county's share of NIRPC's budget may also be paid from any local revenue other than property taxes. (Current law allows the participating counties' shares to be paid from property taxes.) Authorizes NIRPC to make loans or issue notes. Requires a loan or notes to mature in the calendar year in which the loan is made or the notes are issued. Provides that the total amount of all outstanding loans and notes in a particular year may not exceed the total amount of the NIRPC budget apportioned to participating counties for that year.
Date Action 02/19/2007 H: 2nd Reading Order Engrossed
P HB1596 Referendum for property tax secured debt. (Espich) Digest Requires lease rentals or bond issues for local capital projects that will cost more than the lesser of: (1) 2% of a political subdivision's total gross certified assessed value; or (2) $50,000,000; to be approved at a local referendum if the preliminary determination to enter into the lease or issue bonds is made after June 30, 2007. Provides that the petition and remonstrance process applies if the preliminary determination to enter into the lease or issue bonds is made before July 1, 2007. Makes conforming amendments.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1597 Exemption of debt service from circuit breaker. (Espich) Digest Exempts debt and lease obligations entered into before January 1, 2008, from the application of the 2% assessed value property tax circuit breaker credit. Permits the department of local government finance to exempt debt and lease obligations entered into after December 31, 2007, from the application of the 2% assessed value property tax circuit breaker credit if the department determines that other revenue cannot be made available to repay debt and lease obligations without a material risk of substantial harm to the public safety or welfare of the persons served by the affected taxing units. Indicates that the credit does not relieve a political subdivision from fully funding the payment of debt service or lease rentals. Repeals obsolete provisions related to the application of a 2% assessed value property tax circuit breaker credit.
Date Action 01/23/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HB1599 Role of department of child services. (Espich) Digest Beginning in 2008: (1) consolidates the county family and children's fund, children's psychiatric residential treatment services fund, county medical assistance to wards fund, and children with special health care needs county fund into a new child welfare fund; (2) limits the levy that may be imposed for the child welfare fund; (3) requires money in the child welfare fund to be deposited in the state child welfare fund; and (4) transfers responsibility for paying child welfare expenses to the state. Allows the department of child services (DCS) to file a report objecting to services ordered in a dispositional decree entered by the juvenile court. Allows the DCS to charge back to a county the difference, if any, in the cost between the services ordered by the juvenile court in a dispositional decree and the services recommended by the DCS in the objection to services report.
Date Action 01/23/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HB1600 County court fund. (Espich) Digest Requires a county to deposit court fees and other revenue in a county court fund instead of the county general fund. Provides that the court fund is otherwise funded by county property taxes and miscellaneous revenue. Directs the county to pay from the court fund certain costs related to court operations. Repeals the county user fee fund, the jury pay fund, and the county supplemental public defender services fund.
Date Action 01/23/2007 H: 1st Reading Assigned Judiciary
P HB1602 Registration of light trucks as passenger vehicles. (Cherry) Digest Includes a truck with a declared gross weight equal to or less than 10,000 pounds in the definition of a passenger motor vehicle for purposes of the motor vehicle law. Makes conforming amendments. Provides that the fee for disposing of solid waste generated in or outside Indiana and delivered to a final disposal facility in a passenger motor vehicle weighing not more than 9,000 pounds is $0.50 per load
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1603 Fees for new construction. (Cherry) Digest Imposes an interim property fee on a newly constructed homestead as of the time the homestead is complete and before it is subject to property tax. Distributes revenue from the interim property fee in the manner that property taxes are distributed, but reduces property tax levies by the amount of the fees. Imposes an education impact fee on newly constructed homesteads and newly constructed multifamily residential buildings to be paid by the purchaser at the time of transfer of title. Requires deposit of impact fee revenue in the school capital projects fund.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1605 Local option income taxes. (Cherry) Digest Provides for the distribution of all county adjusted gross income taxes and county option income taxes imposed in a county to county government, except for amounts necessary to meet a pledge of revenue made by another civil taxing unit before April 1, 2007. Transfers the responsibilities of the county income tax council under the county option income tax law and certain other laws to the county fiscal body. Extends the municipal option income tax that applies to Lake County to all counties, reduces the maximum permissible municipal option income tax rate, and permits the revenues from the municipal option income tax to be used for property tax relief, deposits in the municipality's rainy day fund, and other uses. Makes related changes. Repeals provisions referencing the county option income tax council and provisions providing an inventory tax deduction and an additional county economic development income tax rate that have expired.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1606 Sex offender administrative fee. (VanHaaften) Digest Requires a sex offender who is required to register to annually pay a $50 fee to be deposited in the jail commissary fund. Permits a sheriff to disburse money from the jail commissary fund to pay for expenses related to the: (1) registration of sex offenders; and (2) verification of sex offenders' addresses.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1608 Drug testing of public works contractor's employees. (VanHaaften, Hershman) Digest Reenacts the statute that requires the employees of public works contractors to submit to drug testing so that the statute applies to public works contracts of all public entities. Repeals the current drug testing statute. Specifies requirements for a contractor's employees drug testing program. Provides that a contract that complied with the current statute is considered to comply with the new statute.
Date Action 02/22/2007 H: 2nd Sponsor Added Robert J. Deig
P HB1618 Zoning and home occupations. (Orentlicher) Digest Provides that a zoning ordinance must allow at least one occupant of a single family residence to engage in a home occupation of providing instruction in a craft or fine art.
Date Action 02/06/2007 H: Committee Sched Upon Adjournment Room 156D Local Government
P HB1619 Property tax rates and levies. (McClain) Digest Makes conforming amendments to the 2006 law that allows the county auditor to reduce a taxing unit's assessed value used to set property tax rates for the following year to enable the unit to absorb the effects of reduced property tax collections expected to result from successful assessed value appeals. Sets a civil taxing unit's maximum property tax levy for property taxes payable in 2008 at the amount that would have applied for taxes payable in 2007 if the 2004 change that eliminated unused maximum levy capacity from the determination of the next year's maximum levy had not been enacted, and reverses that change for future years. Corrects cross-references.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1620 Trucks, safety belts, and road and street account. (Oxley) Digest Provides that money in the local road and street account must be distributed among counties according to the ratio of each county's passenger car and pickup truck registrations to the total passenger car and pickup truck registrations in Indiana. (Under current law, pickup truck registrations are disregarded in the distribution formula.) Phases in the change in distribution. Requires a front seat passenger of a pickup truck to wear a safety belt. Defines a pickup truck as a motor vehicle of not more than 11,000 pounds that is registered as a truck. Makes conforming amendments.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1624 Payments in lieu of taxes. (Oxley) Digest Establishes a payment in lieu of property taxes (PILOT) payable by the department of natural resources on land owned by the department based on the amount of property taxes that would apply if the land were not exempt. Establishes the PILOT transfer fund, and makes appropriations.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1626 Environmental permits and local governments. (Tyler) Digest Provides that before a permit that is required by a rule of the air pollution control board, solid waste management board , or water pollution control board is issued for the construction, installation, operation, or modification of any facility, equipment, or device, the department of environmental management must determine that the construction, installation, operation, or modification of the facility, equipment, or device has obtained any approval required by any county, city, or town that is affected by the construction, installation, operation, or modification.
Date Action 02/14/2007 H: Committee Action Pass Amend(9-0) Environmental Affairs
P HB1628 Senior citizen property tax credit. (Tyler) Digest Provides a property tax credit payable from the property tax replacement fund to a homestead owner who is at least 65 years of age and whose adjusted gross income is less than $30,000.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1630 Access to economic development proposals. (T. Harris) Digest Provides that a nonprofit corporation engaged in economic development activities that is a public agency for purposes of the open meetings law and open records law may conduct discussions and negotiations with commercial and industrial prospects in an executive session. Allows the corporation to withhold records relating to the discussions and negotiations from public inspection and copying. Requires the corporation to disclose an economic development contract or commitment or other final offer to a prospect after discussions and negotiations have ended.
Date Action 01/23/2007 H: 1st Reading Assigned Public Policy
P HB1631 Restrictions on public benefits to illegal aliens. (T. Harris) Digest Prohibits a state agency or political subdivision from providing federal, state, or local public benefits to a person who is not: (1) a United States citizen; (2) a legal permanent resident; or (3) otherwise lawfully present in the United States under federal law. Requires that after June 30, 2008, a state agency or a political subdivision must verify the lawful presence of each individual in the United States who: (1) is at least 18 years of age; and (2) applies for federal, state, or local public benefits administered by the agency or political subdivision. Requires a state agency or a political subdivision to: (1) verify the lawful presence of the person by requiring the person to execute a verified affidavit stating that the person is a United States citizen, a legal permanent resident, or otherwise lawfully present in the United States under federal law; (2) provide an annual report with respect to the agency's or political subdivision's compliance with the verification requirements; (3) verify the lawful presence of certain individuals through the Systematic Alien Verification of Entitlements (SAVE) program; and (4) report errors and significant delays in the SAVE program. Provides that: (1) a state agency or political subdivision may provide variations of the verification of lawful presence requirements; and (2) a person who makes a false, fictitious, or fraudulent statement of representation in an affidavit verifying lawful presence commits welfare fraud or Medicaid fraud.
Date Action 02/12/2007 H: Co Author Added Thomas E. Saunders
P HB1632 Property taxes. (Friend) Digest Changes from August 10 to October 30 the date by which certain actions on a political subdivision's budget, rate, and levy must be taken and by which the county auditor must mail a property tax information statement to each taxpayer. Applies this change beginning in 2009. Provides that the statement, instead of a published notice, triggers the taxpayer's opportunity for appeal of a political subdivision's budget, rate, and levy to the department of local government finance. Provides that the statement does not trigger a taxpayer's right to appeal to the county property tax assessment board of appeals a property assessment for which notice was not given. Removes limitations on the department's authority to increase a political subdivision's budget, rate, and levy. Requires the department to prescribe a post card form to give taxpayers notice of assessment actions.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1633 Information on death certificates. (Wolkins, Mishler) Digest Provides that certain information concerning a deceased person may not be released to the public as part of a record prepared by a local health officer or as part of a death certificate. Provides that this information is open to public inspection 50 years after the deceased person's date of death.
Date Action 02/22/2007 H: Sponsor Added Ryan D. Mishler
P HB1636 Courthouse and public building renovation grants. (Pierce) Digest Establishes a courthouse and public building preservation and maintenance program for the purpose of providing grants to counties for the maintenance and preservation of courthouses and other public buildings. Requires the natural resources commission to establish criteria for awarding the grants and implementing the program. Establishes the courthouse and public building preservation and maintenance grant fund. Establishes the archeology preservation trust fund to assist private homeowners who accidentally discover an artifact, a burial object, or human remains and need assistance to comply with an approved archeological or development plan. Adds a $1 fee to the fee or charge for: (1) a birth, death, or stillbirth record, if a fee for the records is charged by the local department of health; (2) a marriage license; (3) the filing of a petition for legal separation, paternity, or dissolution of marriage; (4) the recording of a deed; and (5) the recording of a mortgage; and requires $100,000 of the fees collected to be deposited in the archeology preservation trust fund the fiscal years ending June 30, 2008, and June 30, 2009. For all other years, requires 1% of the fees collected to be deposited in the archeology preservation trust fund and 99% of the fees collected to be deposited in the courthouse and public building preservation and maintenance grant fund.
Date Action 02/07/2007 H: Committee Sched Upon Adjournment Room 156B Natural Resources
P HB1637 County option income taxes. (Pierce) Digest Authorizes a county to adopt an additional county adjusted gross income tax rate or county option income tax rate of not more than 0.25% to fund the operation and maintenance of a jail, a juvenile detention center, and other facilities to provide juvenile services. Authorizes counties that have adopted additional income tax rates to construct jails and juvenile facilities to amend the ordinances to permit the use of the additional income tax rate for operating expenses.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1638 Funding for operation of juvenile center. (Pierce) Digest Authorizes Monroe County to adopt an additional county option income tax rate of not more than 0.25% to fund the operation and maintenance of a juvenile detention center and other facilities to provide juvenile services.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1645 Firefighting building and equipment fund. (Lutz) Digest Provides that money in a cumulative firefighting building and equipment fund may also be used for the: (1) maintenance of buildings; (2) purchase of medical supplies; and (3) payment of the paramedic part of a firefighter's salary.
Date Action 01/23/2007 H: 1st Reading Assigned Local Government
P HB1652 Local engineering assistance fund. (Dembowski) Digest Establishes the local engineering assistance fund. Makes appropriations from the motor vehicle highway account for grant-in-aid subsidies for the following: (1) Counties for the salaries of full- time county highway engineers. (2) Counties for the salaries of county highway supervisors who attain specified educational achievements with respect to the road scholar program. (3) Municipalities for the salaries of municipal engineers who are registered professional engineers. (4) Municipalities for the salaries of individuals who have primary responsibility for road and street maintenance and attain specified educational achievements with respect to the road scholar program. Eliminates the county highway engineer fund, and transfers any remaining money from the fund to the county highway engineers account of the local engineering assistance fund. Provides that the research and highway extension program (also known as the Local Technical Assistance Program or LTAP) is separate and independent from the Joint Transportation Research Project (originally known as the Joint Highway Research Project).
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
HB1654 Sex crime victims and polygraph examinations. (Dembowski, Steele) Digest Prohibits a law enforcement officer from requiring an alleged victim of a sex crime to submit to a polygraph examination. Provides that a law enforcement officer may not refuse to investigate, charge, or prosecute a sex crime solely because the alleged victim of the sex crime has not submitted to a polygraph examination. Removes restrictions for when the victim services division of the criminal justice institute (institute) may reimburse a medical services provider for the costs in providing forensic services. Creates the secured storage fund to assist counties with paying for the secured storage of a sample (sample) from forensic medical examinations of a sex crime victim (victim). Requires a provider to label a sample. Requires a hospital to give notice to a victim of certain rights and to contact law enforcement. Requires law enforcement to transport the sample to secured storage. Requires the sample to remain in secured storage for specified periods of time. Requires the institute to provide notice to victims regarding the sample. Requires a prosecuting attorney to appoint a sexual assault response team (SART) if a SART is not established in a county. Requires a SART to develop a plan regarding evidence of sexual assaults.
Date Action 02/22/2007 H: 2nd Sponsor Added Tim Lanane
P HB1655 Victims of sex crimes. (Dembowski) Digest Removes restrictions for when the victim services division of the criminal justice institute (institute) may reimburse a medical services provider for the costs in providing forensic services. Creates the secured storage fund to assist counties with paying for the secured storage of a sample (sample) from forensic medical examinations of a sex crime victim (victim). Requires a provider to label a sample. Requires a hospital to give notice to a victim of certain rights and to contact law enforcement. Requires law enforcement to transport the sample to secured storage. Requires the sample to remain in secured storage for specified periods of time. Requires the institute to provide notice to victims regarding the sample.
Date Action 01/23/2007 H: 1st Reading Assigned Judiciary
P HB1656 Property taxes. (Mays, Sipes) Digest Extends the deadline for filing an amended personal property tax return. Allows local waiver of noncompliance with respect to filing deadlines and clerical errors for property tax credits, deductions, and exemptions. Allows certain taxpayers to file amended personal property tax returns for prior years.
Date Action 02/22/2007 H: 2nd Sponsor Added Thomas K. Weatherwax
P HB1657 Forestry issues. (Denbo) Digest Provides deductions to an individual in determining adjusted gross income for a taxable year for: (1) expenses incurred by the individual for property taxes imposed on property assessed as native forest land or a forest plantation; (2) expenses incurred by the individual for fees for the management of forests located on property assessed as native forest land or a forest plantation; (3) 50% of the part of federal adjusted gross income attributable to a net long term capital gain derived from the sale of timber; and (4) charitable contributions of property assessed as native forest land or a forest plantation. Provides that the deductions with respect to forest plantation apply only if: (1) the classification as forest plantation occurred before July 1, 2007; or (2) if the classification occurred after June 30, 2007, all of the trees that qualify the land for the classification are native trees. Requires the department of natural resources to equalize the salaries of district foresters and natural science managers.
Date Action 02/22/2007 H: 2nd Reading Order Engrossed
P HB1658 Sustainable building property tax deduction. (Austin) Digest Authorizes a county fiscal body to adopt an ordinance providing a deduction from the assessed value of a newly constructed building or a rehabilitated building that is certified to meet the LEED (Leadership in Energy and Environmental Design) silver rating under the rating systems of the U.S. Green Building Council. Requires the ordinance to specify the amount of the deduction. Authorizes the Indiana economic development corporation to adopt rules allowing the corporation to give priority to economic development projects that meet or surpass LEED standards.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1659 Mass transit and transportation alternatives. (Austin, Jackman) Digest Establishes the joint study committee on mass transit and transportation alternatives (committee). Provides that the committee consists of the members of: (1) the senate standing committee on homeland security, transportation, and veterans affairs; and (2) the house of representatives standing committee on transportation. Provides that the committee shall operate under the policies governing study committees adopted by the legislative council. Provides that the Indiana department of transportation shall commission six studies on mass transit in Indiana by region. Provides that the department of transportation shall commission the studies by December 1, 2007. Provides that studies must be completed by July 1, 2008. Provides that the department of transportation may not spend more than $250,000 on each mass transit study.
Date Action 02/22/2007 H: Co Sponsor Added Vi Simpson
P HB1660 Annexation. (Austin) Digest Provides that land is contiguous with a municipality for purposes of annexation if at least 1/4 of the aggregate external boundary of the land (instead of 1/8) coincides with the boundary of the municipality. After June 30, 2007, prohibits a person who owns or occupies property from entering into an agreement with a municipality not to remonstrate, appeal, or file an action against annexation proceedings. Requires a municipality to annex whole parcels of land. Repeals statutes that provide that a landowner who connects to sewer or water service because a person other than the landowner has polluted or contaminated the area is not required to grant a municipality a waiver of remonstrance to an annexation of the landowner's property.
Date Action 02/01/2007 H: Co Author Added Brian Bosma
P HB1663 Health and hospital corporations. (Buell, Miller) Digest Adds: (1) municipal corporations as local units for purposes of providing group health insurance for public employees; and (2) hospitals and the health and hospital corporation of Marion County as facilities for purposes of voluntary and involuntary treatment of mentally ill individuals. Provides that the health and hospital corporation of Marion County may file certain civil actions. Authorizes the health and hospital corporation of Marion County to: (1) take certain actions; (2) use levied taxes or other funds to make intergovernmental transfers to the state to fund governmental health care programs; (3) condemn property; and (4) issue bonds to procure funds to pay costs of acquiring property and improving property for use as a hospital, a health care facility, or an administrative facility. Requires: (1) bonds to be issued by a resolution of the board of the health and hospital corporation of Marion County; and (2) bonds to be executed by the executive director in the name of the health and hospital corporation of Marion County. Allows a court in a civil action for an ordinance violation to order injunctions, judgments, penalties, costs, inspections, and compliance, and to order a municipal corporation to take appropriate action to bring a property into compliance. Excludes hospitals and the health and hospital corporation of Marion County from leasing and lease purchase laws. Amends notice requirements for unsafe building orders. Repeals a provision that requires the board of the health and hospital corporation of Marion County to provide an integrated administrative organization.
Date Action 02/22/2007 H: 2nd Sponsor Added Jean Breaux
P HB1664 Tax credits for property maintenance. (GiaQuinta, Wyss) Digest Authorizes the designation of property maintenance areas (PMA) in any municipality. Provides that the fiscal body of a municipality may designate the PMA and provide an income tax credit for qualified expenditures made for certain maintenance activities performed on certain property in a PMA. Requires the department of state revenue and the county auditor to reduce the amount of property tax replacement credits distributed to a municipality in an amount equal to the total amount of income tax credits awarded for property maintenance in the municipality.
Date Action 02/22/2007 H: 2nd Sponsor Added John E. Broden
P HB1666 Permanent absentee ballot application status. (GiaQuinta) Digest Provides that elderly voters and voters with disabilities may apply for permanent absentee ballot application status.
Date Action 01/23/2007 H: 1st Reading Assigned Elections and Apportionment
P HB1667 Election day voter registration. (GiaQuinta) Digest Permits a person to register to vote and cast a provisional ballot on election day at the polls or at a county election board by completing a voter registration form and an affirmation that the person has not voted elsewhere in the election and by providing proof of residence. Specifies the documents acceptable as proof of residence, including a statement signed by another voter in the precinct that corroborates the residency of the person registering to vote. Requires that voter registration forms executed on election day be processed before the deadline for counting provisional ballots in order to determine the person's eligibility to vote before the person's provisional ballot is counted.
Date Action 01/23/2007 H: 1st Reading Assigned Elections and Apportionment
P HB1671 Regional water, sewage, and solid waste districts. (Lehe) Digest Prohibits a regional sewage district from requiring the owner of a property to connect to the district's sewer system if the property is already connected to a sewer system that was approved by a state governmental entity. Provides that if the board of trustees of a regional water, sewage, or solid waste district consists of one or more appointed members, the board must obtain the written approval of the appointing authority before adopting an ordinance to establish rates or charges for use of the district's works.
Date Action 01/23/2007 H: 1st Reading Assigned Environmental Affairs
P HB1673 Emergency ambulance services. (Cheatham) Digest Requires a certified provider of emergency ambulance services to include a paramedic as part of the personnel on each ambulance, beginning July 1, 2010. Allows a county, city, or town to request permission to impose an ad valorem property tax levy if the county, city, or town needs the increase to pay for training for paramedics for emergency ambulance services.
Date Action 01/23/2007 H: 1st Reading Assigned Ways and Means
P HB1674 Employee wellness programs. (C. Brown) Digest Requires a public employer to provide a wellness program for the public employer's employees. Provides a tax credit for a taxpayer that provides a wellness program to employees.
Date Action 01/23/2007 H: 1st Reading Assigned Public Health
P HB1683 Payments in lieu of taxes. (Reardon) Digest Provides that for taxable years beginning after December 31, 2006, payments in lieu of taxes (PILOTS) collected by a political subdivision for property used to provide low income housing may be deposited in the political subdivision's: (1) affordable housing fund; or (2) general fund; at the discretion of the governing body of the political subdivision.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1689 Referendum for property tax secured debt. (Frizzell) Digest Requires lease rentals or bond issues for local capital projects that will cost more than $2,000,000 to be approved at a local referendum if the preliminary determination to enter into the lease or issue bonds is made after June 30, 2007. Provides that the petition and remonstrance process applies if the preliminary determination to enter into the lease or issue bonds is made before July 1, 2007. Makes conforming amendments.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1691 Boat excise tax. (Cheney) Digest Provides for the refund of an apportioned part of the boat excise tax if the boat is sold or destroyed during the boating year and the refund amount exceeds $25.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1692 Reimbursement of expenses for new criminal trials. (Cochran) Digest Requires the state to reimburse a trial court, prosecuting attorney, and public defender for certain expenses that would ordinarily be incurred by a county in conducting a new trial if: (1) a defendant appeals the defendant's criminal conviction to the Indiana court of appeals or Indiana supreme court; and (2) the court of appeals or supreme court remands the case to the trial court for a new trial.
Date Action 02/08/2007 H: Committee Sched Upon Adjournment Room 404 Ways and Means
P HB1696 Annual adjustments of property tax assessments. (M. Smith) Digest Delays annual adjustment procedures (trending) for the property tax assessment of real property by one year. Changes the valuation procedures to be used in trending. Permits the department of local government finance to adopt emergency rules to implement trending.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1697 Assessment of rental property. (M. Smith) Digest Applies the method used for property tax purposes to assess rental property with more than four units to rental property with four or fewer units.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1698 Indiana board of tax review appeals. (M. Smith) Digest Provides that the administrative orders and procedures act applies to the formulation, issuance, or administrative review of final determinations of the Indiana board of tax review.
Date Action 01/26/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HB1699 Deadline for appealing tax assessment. (M. Smith) Digest Extends the deadline for certain appeals of property tax assessments until 45 days after receipt of the statement of taxes on the assessment. Establishes a deadline for appeal of assessments for the assessment date in 2006.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1700 Property tax assessments. (M. Smith) Digest Prohibits a township assessor from changing the assessed value of real property if an appeal of the assessed value of the property is filed for a prior year.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1701 Invalid notice of assessment. (M. Smith) Digest Provides that a notice of assessment or reassessment for assessment dates after February 28, 2006, must include any change in the assessed valuation for the property as compared to the immediately preceding year, and that a notice that fails to comply is void.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1702 Reassessment of land. (M. Smith) Digest Eliminates the requirement that land be reassessed when it is rezoned from one classification to another or put to a different use.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1703 Assessed value appeals. (M. Smith) Digest Requires the county auditor to mail a property tax informational statement to each taxpayer in the county beginning in 2007 instead of 2009. Conforms to that change the assessment appeal right triggered by the mailing of the informational statement. Provides that if the informational statement is not mailed, the taxpayer may appeal the assessment within 45 days after receipt of the tax bill. Requires a political subdivision to give public notice of budget and levy information before August 10 beginning in 2007 instead of 2009.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1704 Determination of true tax value. (M. Smith) Digest Provides that the rules of the department of local government finance are the only basis for determining the true tax value of tangible property and that local assessing officials may not use different assessment standards. Provides that in an administrative review of an assessment a taxpayer is not required to introduce evidence of a fair market value appraisal or capitalization of income if the assessment under review is not determined using those factors.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1705 Penalties for killing law enforcement officers. (Walorski) Digest Establishes the capital litigation expense fund to reimburse prosecutors for expenses incurred in prosecuting a capital case and requires the criminal justice institute to administer the fund. Provides that capital litigation expenses for employing an investigator or additional deputy prosecuting attorney are only reimbursable if the prosecuting attorney does not already employ sufficient staff to prosecute the capital case and carry out the other responsibilities of the office. Makes an annual appropriation of one hundred fifty thousand dollars ($150,000) to fund the capital expense litigation fund. Requires the public defender council to reimburse 100% of a county's expenditures for indigent defense services in a capital case. Requires a prosecuting attorney who has reason to believe that a defendant committed murder against a law enforcement officer acting in the line of duty to seek the death penalty or a sentence of life without parole, and requires a defendant found to have committed this offense to receive either a sentence for murder or a sentence of life imprisonment without parole. Removes juvenile court jurisdiction over a child alleged to have committed the murder of a law enforcement officer acting in the line of duty. Makes other changes and conforming amendments.
Date Action 01/26/2007 H: 1st Reading Assigned Courts and Criminal Code
P HB1715 Transfer on death deed. (Goodin) Digest Authorizes an owner of real property to transfer ownership of the real property upon the death of the owner by using a transfer on death deed. Provides that a transfer on death deed must be recorded to be valid. Requires the recording of the grantor's death certificate and other documents after the death of the grantor.
Date Action 01/26/2007 H: 1st Reading Assigned Judiciary
HB1719 Dog control measures. (Bardon) Digest Requires that dogs be implanted with a microchip that contains a registered identification number and can be read with a standard scanner. Requires that the registration information be updated when necessary. Requires the owners of certain dogs that are not neutered or spayed to pay an annual fee to the county dog fund. Provides for the annual fee to be collected using the same method the county elects to collect the dog tax. Requires each county to establish a county dog fund. Requires the owner of a dog that is not spayed or neutered to post a warning sign on the premises where the dog is kept. Establishes penalties for noncompliance. Allows a county, city, or town to adopt a dog control ordinance that is more restrictive than state law.
Date Action 01/26/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HB1720 Enterprise zone incentives. (Klinker) Digest Authorizes a municipality to require an enterprise zone business to continue providing assistance to an urban enterprise association that continues operating as a nonprofit corporation following the expiration of the enterprise zone. Authorizes the nonprofit corporation to assign any amount of the assistance received from an enterprise zone business to another nonprofit corporation. Grants the redevelopment commission of an excluded city in Marion County the power to approve or reject an application for an enterprise zone investment deduction claimed for an enterprise zone location that is also within a redevelopment district in the excluded city. Changes the annual deadline for filing an enterprise zone investment deduction application. Allows a county auditor to grant a 30 day extension for filing for an enterprise zone investment deduction application. Allows an urban enterprise association to waive a failure to file a timely or complete enterprise zone investment deduction application. Allows a taxpayer to claim the enterprise zone investment deduction for an assessment date that occurs after the expiration of the enterprise zone. Increases the amount of the enterprise zone loan interest credit from 5% to 15% of the interest received from qualified loans. Allows trusts, estates, corporations, and pass through entities to claim an enterprise zone investment cost credit. (Current law allows pass through entities to claim the credit only in Vigo County and does not allow trusts, estates, or corporations to claim it in any county.) Establishes the enterprise zone job creation tax credit.
Date Action 02/15/2007 H: Referred Referred to Ways and Means
P HB1728 Preference for domestic foundry products. (Niezgodski) Digest Requires that foundry products produced in the United States must be used in state and local public works projects unless certain conditions apply.
Date Action 02/22/2007 H: 3rd Reading Pass (87-7)
P HB1731 Public purchasing. (GiaQuinta) Digest Increases the thresholds for small purchases made by the state and governmental bodies. Provides that all purchasing agencies may award a contract under the request for proposal provisions of the law. Removes a provision that requires that when conducting discussions with an offeror, information derived from a proposal submitted by a competing offeror may not be disclosed. Extends to all purchasing agents, and not just executive branch agencies, the ability to discuss competing offers. Provides that governmental entities may make purchases from other governmental entities and, in certain circumstances, with a nonprofit entity if the requirements of the public purchasing statutes are met.
Date Action 02/19/2007 H: Committee Report amend do pass, adopted
P HB1732 Common school fund. (GiaQuinta) Digest Allows for the transfer of congressional township school funds held by various counties to the treasurer of state.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1737 Breastfeeding in the workplace. (Welch) Digest Provides that the state, political subdivisions, and other employers that employ one or more individuals shall provide for reasonable paid breaks for an employee to express breast milk for the employee's infant child. Provides that the state, political subdivisions, and other employers must make reasonable efforts to provide a room or other location in close proximity to the work area where the employee can express the employee's breast milk in privacy.
Date Action 01/26/2007 H: 1st Reading Assigned Labor and Employment
P HB1740 Property tax exemption. (Pelath) Digest Allows the county auditor to grant a one-time waiver of a failure to file a property tax exemption application under certain circumstances.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1742 Northwest Indiana regional bus authority. (Pelath) Digest Provides that LaPorte County or a second class city in LaPorte County shall become a member of the northwest Indiana regional bus authority if the fiscal body of the county or city adopts a resolution authorizing the county or city to become a member of the authority and the board of the bus authority approves the membership of the county or city. Provides that if the county or a city becomes a member of the bus authority, the executive of the county or city shall appoint a member to the bus authority's board and a member to the citizens advisory council.
Date Action 02/22/2007 H: 2nd Reading Order Engrossed
P HB1743 Absentee voting. (GiaQuinta) Digest Permits a voter who is qualified to vote in person to vote by absentee ballot. Removes all other qualifications for a voter to vote by absentee ballot except for a voter with disabilities who is unable to make a voting mark on the ballot or sign the absentee ballot secrecy envelope. (Such a disabled voter is currently required to vote before an absentee voter board.)
Date Action 01/26/2007 H: 1st Reading Assigned Elections and Apportionment
P HB1744 Special retail districts. (VanHaaften) Digest Allows a city or town to designate a special retail district if the designation is for a proposed economic development project that meets the following criteria: (1) The district is established for the purpose of undertaking a project or series of projects involving a total private capital investment of more than $100,000,000. (2) The total capital investment for the project or series of projects will be more than $500,000,000 at the completion of the project or series of projects. (3) The economic development project would not otherwise be accomplished through the ordinary operations of private investment. Provides that a special retail district may not exceed 400 acres. Provides that if a district is designated, an additional 1% sales tax applies to retail transactions within the district. Specifies that this additional 1% sales tax is imposed, paid, and collected in the same manner as the state sales tax. Requires the amounts received from the additional 1% sales tax to be: (1) paid monthly by the treasurer of the state to the fiscal officer of the unit that imposed the tax; and (2) deposited into a special fund. Allows money in the special fund to be used by the unit's redevelopment commission for any purpose for which a property tax increment may be used by a redevelopment commission.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1753 Mortgage foreclosure counseling. (Summers) Digest Requires the Indiana housing and community development authority (authority) to establish a program to provide free mortgage foreclosure counseling and education to homeowners who have defaulted on or are in danger of defaulting on the mortgages on their homes. Provides that the program must include a central toll free telephone number that homeowners may call to receive mortgage foreclosure counseling and education. Authorizes the authority to award grants for the training of counselors who will provide mortgage foreclosure counseling and education. Provides that the authority may establish standards for the certification of counselors. Establishes the foreclosure prevention counseling and assistance fund for purposes of carrying out the authority's powers and duties under the program. Provides that $1.00 of the mortgage recording fee shall be distributed to the fund, and $0.25 shall be distributed to the state general fund (under current law $1.25 of this fee is distributed to the state general fund). Specifies that money in the fund is appropriated continuously to the authority for the authority's use in carrying out the program. Provides that the authority may solicit contributions and grants from the private sector, nonprofit entities, and the federal government to assist in carrying out the program. Requires the authority to submit a report to the legislative council annually.
Date Action 02/20/2007 H: Committee Action Pass Amend(22-0) Ways and Means
P HB1758 Gasoline and special fuel tax exemption. (Tincher) Digest Exempts from the gasoline tax and the special fuel tax any gasoline or special fuel that is purchased by a political subdivision and used for a governmental purpose.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1767 Property taxes. (V. Smith) Digest Extends the period during which certain property tax exemptions apply to a tract of land pending construction of a building to be used for exempt purposes. Allows the department of local government finance, with the approval of the attorney general and local officials, to compromise the amount of property taxes owed by certain educational, literary, scientific, religious, or charitable entities.
Date Action 02/20/2007 H: Committee Action Pass Amend(22-0) Ways and Means
P HB1774 Regional development authorities. (VanHaaften) Digest Authorizes the establishment of not more than two regional development authorities (development authorities) in each economic growth region designated by the department of workforce development. Authorizes counties and second class cities to establish the development authorities. Specifies that if a county becomes a member of a development authority, each municipality in the county is also a member of the development authority. Provides that a county may be a member of a development authority only if the county is contiguous to at least one other county that is a member of the development authority. Provides that a second class city may be a member of a development authority only if the county in which the second class city is located is contiguous to at least one other county that is a member of the development authority. Specifies that a development authority is a separate body corporate and politic. Provides that a development authority is governed by a board consisting of one individual appointed by the executive of each county and each second class city that is a member of the development authority. Provides that if a development authority receives or will receive an appropriation, grant, or distribution of money from the state, the development board may adopt a resolution to add one or more members appointed by the governor to the development board. Requires each county and each municipality that is a member of a development authority to pay annually to the development authority the amount that would be distributed to the county and the municipality as certified distributions of county economic development income tax revenue raised from a tax rate of 0.05% in the county. Provides that if a county is a member of a development authority, the county may impose an additional county economic development income tax at a rate of 0.05%. Requires revenue from the additional tax to be used to satisfy the obligations of the county and municipalities to make payments to the development authority. Provides that, except in a county in which the additional county economic development income tax has been imposed, a county's or municipality's required payments to the development authority may be made from any local revenue (other than property tax revenue) of the county or municipality, including excise tax revenue, income tax revenue, local option tax revenue, riverboat tax revenue, distributions, or incentive payments, or money deposited in the county's or municipality's local major moves construction fund. Authorizes the Indiana finance authority to issue bonds and use the proceeds of the bonds to acquire any obligations issued by the development authority. Provides that a county or second class city shall be a member of the development authority for five years after the date the county or second class city becomes a member of the development authority. Specifies that at least 12 months and not more than 18 months before the end of a five year period, the fiscal body of a county or second class city that is a member of a development authority must adopt a resolution that either commits the county or second class city to an additional five years as a member of the development authority or withdraws the county or second class city from membership in the development authority. Authorizes a development authority to: (1) make loans, loan guarantees, and grants to or on behalf of a county, a municipality, a commuter transportation district, an airport authority, an airport development authority, and a regional transportation authority; (2) issue bonds to the Indiana finance authority; (3) lease land or projects to a commuter transportation district, an airport authority, an airport development authority, or a regional transportation authority; (4) use the development authority's funds to match federal grants; and (5) take other actions to carry out its purposes. Requires projects funded by a development authority to be of regional importance. Requires a development authority to comply with the common construction wage law, the public purchasing laws, the public works laws, and any applicable federal bidding statutes and regulations. Requires a political subdivision that receives a loan, grant, or other financial assistance from the development authority to comply with applicable federal, state, and local public purchasing and bidding laws and regulations. Requires a development authority to submit to the budget committee and to the director of the office of management and budget for approval a comprehensive strategic development plan that includes detailed information concerning: (1) the proposed air, rail, transportation, and other economic development projects to be undertaken or financed by the development authority; and (2) the timelines, budgets, returns on investment, projected need for ongoing subsidies, and projected federal matching funds for each project. Requires a development authority to issue an annual report to the legislative council, the budget committee, and the governor concerning the operations and activities of the development authority during the preceding state fiscal year. Authorizes a development authority to enter into an agreement to jointly equip, own, lease, and finance projects and facilities or otherwise carry out the purposes of the development authority. Requires a development authority to: (1) assist in the coordination of local efforts concerning airport development projects and transportation projects; (2) assist a commuter transportation district and an airport authority in coordinating regional transportation and economic development efforts; and (3) fund various projects and facilities, including intermodal transportation projects and facilities and regional trails and greenways.
Date Action 02/19/2007 H: Amendment #1 (Leonard), ruled out of order
P HB1776 Use of tax increment finance revenue. (Stemler) Digest Allows the transfer of money from a county or municipal tax increment finance allocation fund to the unit's local venture capital fund.
Date Action 02/14/2007 H: Committee Sched 10:45 a.m. Room 404 Ways and Means
P HB1782 Tax distributions. (Koch) Digest Specifies that a county auditor must transfer tax collections attributable to a conservancy district to the district's board of directors within 30 days after receiving the payment of the tax.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1792 County common school funds. (V. Smith) Digest Establishes a county common school fund board in each county to administer a county common school fund (fund). Provides that a county common school fund board consists of the county auditor, the county treasurer, the county superintendent of schools, and the president of the governing body of each school corporation in the county. Provides that a criminal fine is to be deposited in the fund of the county where the court that imposed the fine is located. Provides that certain forfeitures of property seized in a criminal case are to be paid into the fund of the county where the property was seized. Provides that forfeitures of bail bonds are to be deposited in the fund of the county where the criminal case is docketed.
Date Action 01/26/2007 H: 1st Reading Assigned Ways and Means
P HB1800 Early education programs. (Porter) Digest Requires all school corporations to offer full-day kindergarten beginning with the 2007-2008 school year. Requires preschool programs to be coordinated with a step ahead program. Requires the division of professional standards to establish preschool teacher training and certification standards.
Date Action 02/14/2007 H: Committee Action Pass(18-5) Ways and Means
P HB1804 Various election law matters. (Pierce, Landske) Digest (1) Provides that an identification document issued by the Department of Defense, a branch of the uniformed services, the Merchant Marine, or the Indiana National Guard that has an indefinite expiration date or an identification issued by an approved institution of higher learning is an acceptable proof of identification to vote. (2) Provides that an individual confined to a long term care facility may not be challenged solely on the basis that the address on the individual's application for an absentee ballot differs from the address shown on the individual's voter registration record. (3) Provides that poll clerks and assistant poll clerks may ask a voter to show proof of identification. (4) Removes a requirement that certain instructions and notices used at the polls must be printed in braille. (5) Revises the instruction to voters who vote a straight party ticket and vote for candidates not on the straight party ticket. (6) Provides that if a voter's application for an absentee ballot is denied, the county election board must notify the applicant of the denial and tell the applicant how the application can be corrected and can be approved, if possible. (7) Permits all absentee ballot envelopes and related voter applications that will be sent to the same precinct to be enclosed in the same carrier envelope. (8) Provides for the counting of an absentee ballot received by the county election board before the close of the polls on election day if the ballot is not otherwise successfully challenged. (9) Makes the beginning date of absentee voting in the clerk's office or a satellite office one day later than under current law. (10) Permits a county election board to authorize casting absentee ballots only at satellite offices rather than at satellite offices and the clerk's office. (11) Requires an absentee voter to return the absentee ballot to the precinct election board or the county election board before the voter votes in person at the precinct. (12) Requires the counting of a ballot (other than an absentee ballot not initialed by the appropriate election officials) that has been marked and cast by a voter in compliance with election law but may otherwise not be counted solely as the result of the act or failure to act of an election officer unless evidence of fraud, tampering, or misconduct affecting the integrity of the ballot is presented. (13) Provides for an exemption from withholding Social Security taxes from amounts paid to election officials or workers that are less than $1,300 per year. (14) Provides for the initiation of the change of a school corporation's organization plan if 10% of the active voters in the school corporation sign a petition for the change. (Under current law, 20% of the voters in a school corporation must support a petition for a change in the school corporation's organization plan.) (15) Permits a county election board to inspect the register or other recording device on an electronic voting system without obtaining the authority of the state recount commission. Repeals a statute imposing criminal penalties for the inspection of a voting system without the permission of the recount commission. (16) Provides that a voter who executes an affidavit at the polls and is indigent or has a religious objection to being photographed is not required to present proof of identification. (17) Provides that when a voter votes as an absentee voter, the voter's signature on the absentee ballot affidavit shall be compared with the signature on the voter's voter registration record.
Date Action 02/22/2007 H: 2nd Sponsor Added John E. Broden
P HB1806 Voter identification. (Pierce) Digest Changes the definition of "proof of identification" for purposes of voting to reflect the standards set by federal law. Repeals a superseded statute.
Date Action 01/26/2007 H: 1st Reading Assigned Elections and Apportionment
P HB1808 Voting systems. (Pierce) Digest Permits a voter who is qualified to vote in person to vote by absentee ballot. Removes all other qualifications for a voter to vote by absentee ballot except for a voter with disabilities who is unable to make a voting mark on the ballot or sign the absentee ballot secrecy envelope. (Such a disabled voter is currently required to vote before an absentee voter board.) Requires that a voting system purchased, leased, or lease purchased after April 30, 2007 must permit a voter to examine the paper record of the voter's votes to verify the voter's votes. Requires an audit of certain elections held during a general election to hand count certain statistical samples of votes cast during the election. Requires all elections be conducted by mail beginning with elections in 2012. Provides that certain actions relating to vote fraud committed after December 31, 2011 are Class C felonies. Provides that a person convicted of any of these vote fraud crimes may be fined not more than $125,000. Establishes the vote by mail transition advisory committee to study the transition to a vote by mail system and propose necessary legislation to accomplish the transition. Provides for the expiration of several chapters of the election code that will be obsolete under a vote by mail system.
Date Action 02/22/2007 H: 2nd Reading Order Engrossed
P HB1809 Public records. (Pierce) Digest Provides that a certificate of franchise authority is a public record. Requires records generated or received by a private contractor that receives public funds to conduct a study or prepare a report for a state or local government agency to be available for public inspection and copying. Allows a public agency (including a toll road authority and the department of transportation) to withhold records relating to the discussions and negotiations from public inspection and copying until after discussions and negotiations have ended. Provides that records relating to discussions or negotiations between a public agency and a nongovernmental entity to provide services that are provided directly by the employees of a state agency may be withheld from disclosure while discussions and negotiations are in progress, but must be disclosed after negotiations have been completed.
Date Action 01/26/2007 H: 1st Reading Assigned Commerce, Energy and Utilities
P HB1812 Energy efficient buildings. (Pierce) Digest Requires a public works contract that is for the construction of a public building or structure and is entered into after December 31, 2007, to require that the building or structure must meet at least the silver rating under the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) rating system or an equivalent rating system, such as a Two Globes rating system under the Green Building Initiative's Green Globes rating system. Requires a public works contract that is for the reconstruction, repair, alteration, or retrofitting of a public building or structure and is entered into after December 31, 2007, to require that the building or structure must meet at least the standards for existing buildings under the LEED rating system or an equivalent rating system. Provides that for state agency purchases, there is a 5% price preference for any electronic office equipment, including computers, monitors, printers, scanners, fax machines, and copiers, that are compliant with the United States Environmental Protection Agency Energy Star ratings. Allows a county fiscal body to adopt an ordinance providing a deduction from the assessed value of a newly constructed building or a rehabilitated building that is certified to meet the LEED rating system or an equivalent rating system. Requires the ordinance to specify the amount of the deduction. Allows the Indiana economic development corporation to adopt rules allowing the corporation to give priority to economic development projects that meet or surpass the standards of the leadership in energy and environmental design ratings systems developed by the U.S. Green Building Council or the Green Building Initiative.
Date Action 02/22/2007 H: 3rd Reading failed for lack of constitutional majority (49-48)
HB1830 Local road and street account. (Austin) Digest Provides that the first $30,000,000 of the investment earnings on the major moves construction fund during each of the next two state fiscal years is to be deposited in the local road and street account..
Date Action 02/23/2007 H: 2nd Reading Order Engrossed
HB1835 Race tracks. (VanHaaften) Digest Requires 160 live racing days each year. Provides that the horse racing commission may not issue more than two recognized meeting permits. Authorizes slot machines at racetracks. Imposes an initial license fee of $100,000,000. Limits a permit holder who offers slot machines to the number of satellite facility licenses issued to the permit holder before January 1, 2007. Requires a racetrack to annually devote at least 15% of the adjusted gross receipts from slot machine wagering at the racetrack to horse racing purses. Imposes a wagering tax of 37.5% on the licensee's adjusted gross receipts. Reduces the supplemental distribution paid to the horse racing commission in state fiscal years ending before July 1, 2009, and eliminates the supplemental distribution after June 30, 2009. Provides that an operating agent is entitled to a daily credit against the riverboat wagering tax equal to the admissions tax remitted by the operating agent for that day. Allows a slot machine facility to be licensed under the alcoholic beverage laws under the same conditions as a riverboat. Provides for revenue sharing. Provides requirements for contracting with minority and women's business enterprises. Prohibits local development agreements between the permit holders who operate slot machine facilities and political subdivisions. Authorizes the possession of an antique slot machine that is used for decorative, historic, or nostalgic purposes.
Date Action 02/22/2007 H: Amendment #4 (Bell), withdrawn
HB1837 Gaming. (Pelath) Digest Provides that after June 30, 2007, a licensed owner must apply for and receive the gaming commission's approval before constructing a new riverboat that is certified under marine structural and life safety standards determined by the gaming commission. Requires the construction to occur in the counties contiguous to Lake Michigan or the Ohio River, as applicable. Requires a riverboat that is a party to a certain development agreement to calculate payments under the agreement using 22.5% as its effective wagering tax rate.
Date Action 02/23/2007 H: 2nd Reading Amended Order Engrossed
P HJR0001 Term limits for county offices. (Grubb) Digest Removes term limits for county offices of clerk, auditor, recorder, and treasurer. This proposed amendment has not been previously agreed to by a general assembly.
Date Action 01/08/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HJR0004 Local government consolidation. (Hinkle) Digest Provides that a county legislative body may consolidate, eliminate, or prescribe additional qualifications for any of the county's constitutional offices. Provides that the general assembly may provide by law for two or more counties to consolidate into one county, even if the area of the consolidated county is less than 400 square miles. This proposed amendment has not been previously agreed to by a general assembly.
Date Action 01/08/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HJR0005 Super majority requirement for tax increases. (Frizzell) Digest Provides that a bill to increase state taxes or impose a new state tax may not become law unless: (1) the bill is approved by a two-thirds majority vote in each house of the general assembly; or (2) the tax increase or new tax is approved in a statewide referendum. This proposed amendment has not been previously agreed to by a general assembly.
Date Action 01/08/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HJR0008 Term of office of county sheriff. (Torr) Digest Lengthens the term of office of county sheriffs to six years. Provides that a person may not be elected to the office of sheriff for more than 12 years in any period of 18 years. Provides transitional provisions. This proposed amendment has not been previously agreed to by a general assembly.
Date Action 01/11/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HJR0012 County offices. (Thompson) Digest Removes the offices of county auditor, county recorder, county treasurer, and county surveyor from the Constitution of the State of Indiana. This proposed amendment has not been previously agreed to by a general assembly.
Date Action 01/23/2007 H: 1st Reading Assigned Rules and Legislative Procedures
P HJR0014 Prohibition against property taxation. (Burton) Digest Adds a section to the Constitution to prohibit the imposition of ad valorem property taxes by the general assembly or a political or municipal corporation. Strikes out the article authorizing the imposition of property taxes and the article concerning the municipal debt limitation based on the taxable value of property. Makes a conforming amendment. Establishes the effective date and requires the general assembly to provide by law revenue to pay after property tax collections are terminated any obligations of a political or municipal corporation to which the corporation pledged property tax revenue. This proposed amendment has not been previously agreed to by a general assembly.
Date Action 01/25/2007 H: Co Author Added Bruce Borders
P SB0001 Indiana Commerce Connector and Illiana Expressway. (Landske, Wyss, Whetstone) Digest For purposes of the statute concerning tollways, permits the designation of the Indiana Commerce Connector, the Illiana Expressway, or both (instead of a part of Interstate Highway 69) as a tollway. For purposes of the statute governing public-private agreements concerning toll roads, deletes the prohibition against a public-private agreement (without legislative authorization) that would permit an operator to impose tolls for the operation of motor vehicles. Provides that, for purposes of statutes governing public-private agreements concerning toll road projects, neither the Indiana finance authority nor an operator may issue a request for proposals for or enter into a public-private agreement (other than for the Indiana Commerce Connector or the Illiana Expressway) unless the general assembly enacts a statute authorizing that activity. For purposes of the statute governing public-private agreements by the department of transportation: (1) authorizes public-private agreements for the Indiana Commerce Connector, the Illiana Expressway, or both (instead of a part of Interstate Highway 69); and (2) deletes the current authority for offerors that submit a proposal on a project that consists in whole or in part of a tollway to submit alternative proposals based upon the assumption that a different part or none of the project will consist of a tollway. For purposes of the statute governing the designation of state highways as tollways, permits the designation of the Indiana Commerce Connector, the Illiana Expressway, or both (instead of a part of Interstate Highway 69) as a tollway without legislative authorization. Creates legislative review committees for proposals concerning the Indiana Commerce Connector and the Illiana Expressway.
Date Action 02/12/2007 S: Co Sponsor Added Cleo Duncan
P SB0004 Commission on forensic sciences. (Miller, Tincher) Digest Amends the membership of the commission on forensic sciences (commission) and provides that the members shall be appointed by July 1, 2007. Provides that commission members shall receive a salary per diem and reimbursement for travel expenses. Requires the commission to submit a report to the legislative council by November 1, 2007, that includes the commission's findings and recommendations concerning the state's current coroner system, whether a medical examiner system to assist coroners would be an appropriate system for the state, and other alternatives if a medical examiner system is deemed by the commission to be inappropriate. Provides that the law establishing the commission expires on June 30, 2008. (The introduced version of this bill was prepared by the interim study committee on criminal justice matters.)
Date Action 02/08/2007 S: Co Sponsor Added Lawrence Lee Buell
P SB0009 Fireworks regulations. (Becker, Heinold, Kuzman) Digest Provides that a county or municipality may limit the use or hours of use of fireworks, with certain limitations. Makes a conforming amendment.
Date Action 02/08/2007 S: Co Sponsor Added John Day
P SB0017 Study committee on Title IV-D and child support. (Steele, Kuzman) Digest Creates the interim study committee on Title IV-D and child support to study issues relating to child support under Title IV-D.
Date Action 01/23/2007 S: Co Sponsor Added Eric Koch
P SB0025 Minimum wage. (Bowser) Digest Increases Indiana's minimum hourly wage to $7.25, and to $6.25 for certain employees under 20 years of age, beginning July 1, 2007.
Date Action 01/08/2007 S: 1st Reading Assigned Pensions and Labor
P SB0028 Restitution. (Waltz) Digest Specifies that the state may be considered a victim of a crime for purposes of receiving restitution for the costs incurred by the state in prosecuting the crime.
Date Action 01/08/2007 S: 1st Reading Assigned Judiciary
P SB0033 Voter education. (Rogers) Digest Requires public and accredited nonpublic high schools to provide: (1) a three hour session to grade 12 students concerning voting; and (2) voter registration forms to graduating students and to students who leave school without graduating and are at least 18 years of age.
Date Action 01/08/2007 S: 1st Reading Assigned Education and Career Development
SB0038 Purchases from persons with disabilities. (R. Meeks, Herrell) Digest Provides that before the purchasing agent of a governmental body that is not a political subdivision issues a solicitation for supplies or services, the purchasing agent shall: (1) obtain a written determination from the committee for the purchase of products and services or a person designated by the committee; or (2) certify that the supplies or services cannot be obtained from a nonprofit agency that meets the specifications at a fair market price. Provides that before the purchasing agent of a governmental body that is not a political subdivision issues a solicitation for a consolidated purchase of supplies or services, the purchasing agent shall: (1) require the vendor to purchase products or services from a catalog of; or (2) establish standards to ensure participation of solicitation by; a nonprofit agency that meets specifications. Establishes requirements concerning a fair market price.
Date Action 02/13/2007 S: Co Sponsor Added Matt Bell
P SB0041 Commission on courts. (Bray, Broden, Kuzman) Digest Changes the expiration date of the commission on courts from June 30, 2007, to June 30, 2011. (The introduced version of this bill was prepared by the commission on courts.)
Date Action 01/18/2007 S: Co Sponsor Added Kathy Kreag Richardson
P SB0046 Sentencing policy study committee. (Bowser, Bray, Broden, L. Lawson) Digest Reestablishes the sentencing policy study committee to evaluate sentencing laws and policies for an additional two years. (The introduced version of this bill was prepared by the sentencing policy study committee.)
Date Action 01/22/2007 S: Co Sponsor Added Ralph M. Foley
P SB0049 Probate administration. (Zakas, Kuzman) Digest Provides that when a court has not directed notice by rule, the default certified or registered mail option is replaced by the option to provide notice by first class postage prepaid mail. Specifies that the notice provided by the clerk of court to an heir, a devisee, a legatee, or a creditor when letters testamentary or of administration are issued shall be served by certified mail. Provides that the notice requirements applying to hearings on filed estate accountings also apply to a hearing on a petition for a court to decree the final distribution of an estate. Requires notice to be given by certified mail when a petition for the appointment of a guardian or for the issuance of a protective order is filed under the probate code. Specifies that when a petition for appointment of a guardian or for the issuance of a protective order is filed with the court, notice of the petition and the hearing on the petition shall be given by certified mail. Removes a provision requiring that notices concerning guardianship petitions be given according to the notice requirements applicable to hearings on guardianship petitions. (The introduced version of this bill was prepared by the probate code study commission.)
Date Action 01/23/2007 S: Co Sponsor Added Ralph M. Foley
P SB0058 Petition and remonstrance procedures. (Weatherwax) Digest Allows registered voters residing within a political subdivision to participate when the political subdivision conducts a petition and remonstrance process to approve a bond issue or a lease rental. (Current law allows only the owners of real property to sign a petition or a remonstrance.) Requires petitions and remonstrances to be filed with the county clerk, rather than the county auditor.
Date Action 01/08/2007 S: 1st Reading Assigned Tax and Fiscal Policy
SB0064 Requires a school employee organization to provide annual disclosure (Kruse) Digest Requires a school employee organization to provide annually to its members a disclosure report describing contributions and expenditures for: (1) candidates for federal, state, legislative, school board, or local office; and (2) public advocacy organizations. Requires a school employee organization to mail a copy of the disclosure report to each member and to post or have the disclosure report available for review in a prominent and accessible place in the school employee organization's principal offices and at the location where meetings of the school employee organization are usually held.
Date Action 02/21/2007 S: Committee Sched 9:00 a.m. Room 233 Pensions and Labor
SB0065 Amends definition of "family or household member." (Hershman) Digest to include (1) a person who lives or formerly lived in the same household as the other person or (2) is the present spouse of a former spouse of the other person. Amends definition of domestic battery to provide that the offense is committed if the prohibited behavior results in the bodily injury of a family or household member of the person engaging in the behavior. Makes conforming amendments.
Date Action 02/15/2007 S: Committee Report do pass, adopted
P SB0091 Local regulation of fireworks. (Landske, Wyss) Digest Provides that a county or municipality may limit the use or hours of use of fireworks by ordinance, and provides for the enforcement of the ordinance. Makes a conforming amendment.
Date Action 01/08/2007 S: Co Author Added John E. Broden
P SB0095 Operation of license branches by contractors. (Ford) Digest Provides that if a qualified person demonstrates to the bureau of motor vehicles commission that the person can meet the statutory requirements to operate a license branch or to provide partial services, the commission shall award a contract to the qualified person to provide license branch services or partial services. Provides that a contractor that operates a license branch or provides partial services is not required to collect statutory service charges but may collect and keep any service fees the contractor considers necessary to provide the services. Requires a contractor to collect and pay to the bureau of motor vehicles a transaction fee that recovers the costs to the state, as determined by the bureau and the state board of accounts, to support license branch services. Eliminates the requirement that a contractor provide a cash bond as the fidelity bond to secure performance of the contract. Provides that the commission is not required to replace any license branch operated by the commission with a license branch operated by a contractor. Adds insurance producers to the list of entities that are "qualified persons".
Date Action 01/08/2007 S: 1st Reading Assigned Commerce, Public Policy, and Interstate Cooperation
P SB0096 Preference for domestic foundry products. (R. Meeks) Digest Requires that foundry products produced in the United States must be used in state and local public works projects unless certain conditions apply.
Date Action 02/20/2007 S: Committee Action Pass(8-2) Tax and Fiscal Policy
P SB0103 Serial meetings and electronic meetings. (Gard) Digest Provides that, absent express statutory authorization, a member of the governing body of a public agency who is not physically present at a meeting but communicates with other members of the governing body during the meeting by an electronic means of communication may not participate in a final action taken at the meeting or be considered to be present at the meeting. Allows the governing body of a state educational institution, the Ivy Tech board of trustees (and a committee of the board), the board of trustees of Vincennes University (and a committee of the board), and the governing body of a joint agency of a municipal utility program to conduct meetings by electronic means. Provides that members of the governing body who participate in a series of gatherings either in person or by electronic means (excluding electronic mail) violate the open door law if: (1) at least two but less than a quorum of members attend each gathering; (2) the total sum of different members attending all gatherings at least equals a quorum of the governing body; (3) all the gatherings concern the same subject matter and are held within a period of not more than seven days; and (4) the gatherings are held for the purpose of taking official action on public business.
Date Action 02/22/2007 S: Committee Report amend do pass, adopted
P SB0105 Commuter rail study. (Lanane, Austin) Digest Requires the department of transportation to conduct a feasibility study regarding implementation of a commuter rail system with service from Muncie to Indianapolis. Authorizes the department to apply for any federal grants available for conducting the study.
Date Action 02/12/2007 S: Co Sponsor Added Carolene Mays
P SB0109 Coroners and blood or tissue samples. (Wyss) Digest Provides that, upon request, a hospital shall provide to a coroner a blood or tissue sample of an individual who is admitted or was admitted to the hospital and on whom the coroner performs a death investigation.
Date Action 02/22/2007 S: Committee Report do pass, adopted
P SB0111 Political expenditures. (Landske, Lawson) Digest Provides that a group of individuals, all of whom are related by blood, marriage, or adoption, is not considered a political action committee. Requires an individual or organization that makes an expenditure of at least $10,000 for the purpose of financing communications that expressly advocate the election or defeat of a clearly identified candidate to file, not later than 48 hours after the expenditure, a report that provides details concerning the expenditure. Exempts from the reporting requirement: (1) candidate's committees; (2) regular party committees; (3) political action committees; (4) a legislative caucus committee; (5) an auxiliary party organization; (6) a membership organization that is exempt from federal income taxation under Section 501(c) of the Internal Revenue Code, to the extent that the organization's communications are made solely to the organization's members; and (7) an individual who makes an expenditure using only the individual's own resources. Establishes criminal and civil penalties for violation of the reporting requirement.
Date Action 01/08/2007 S: 1st Reading Assigned Local Government and Elections
P SB0112 Attorney fees in annexations. (Gard) Digest Requires a municipality that initiates an annexation to pay all court costs and reasonable attorney's fees if the annexation is remonstrated against and the court enters judgment against annexation.
Date Action 02/21/2007 S: Committee Sched 1:00 p.m. Room 130 Local Government and Elections
P SB0115 Zoning for land uses adjacent to airports. (Drozda) Digest Allows an airport authority board, after consulting with the local zoning authority, to adopt an ordinance establishing an overlay zoning district for a noise sensitive area: (1) to promote aviation safety; or (2) to provide for land uses within the noise sensitive area that are compatible with and support airport operations. Makes a technical correction.
Date Action 01/08/2007 S: 1st Reading Assigned Commerce, Public Policy, and Interstate Cooperation
P SB0123 Fire protection territories. (Drozda, Stevenson) Digest Specifies that a township must adopt a resolution (instead of an ordinance) to participate in or withdraw from a fire protection territory. Specifies that a township must adopt a resolution (instead of an ordinance) to establish an equipment replacement fund for the territory. Legalizes and validates a resolution adopted by a township before July 1, 2007.
Date Action 01/30/2007 S: Co Sponsor Added David Alan Wolkins
P SB0124 Various probate and trust issues. (Zakas) Digest Provides that a trust is entitled to certain property tax deductions for real property owned by the trust if the property is occupied by an individual who has a beneficial interest in the trust, is considered to have a life estate in the real property, and otherwise qualifies for the deduction. Removes a provision that prevents individuals who are adopted as adults after June 30, 2004, from being considered Class A transferees for purposes of the inheritance tax. Increases the Class B transferee inheritance tax exemption amount from $500 to $20,000 and the Class C transferee inheritance tax exemption amount from $100 to $10,000. Increases from $1,000 to $5,000 the maximum amount that may be deducted for purposes of inheritance tax from the value of property interests transferred by a resident decedent for the purchase of a memorial for the decedent. Increases the maximum gross value of a probate estate that may be summarily distributed and closed upon the filing of an affidavit from $25,000 to $50,000. Provides that the trustee of a trust to which an interest in real property is transferred is considered the insured owner under a title insurance policy issued for the interest in real property if the transfer meets certain conditions. (The introduced version of this bill was prepared by the probate code study commission.)
Date Action 01/08/2007 S: Committee Report amended, reassigned Tax and Fiscal Policy
P SB0125 Collection of court costs and fines. (Dillon, Kuzman) Digest Allows a court to suspend payment of court costs and court imposed fines until a convicted person has completed all or part of the person's sentence. Grants a court continuing jurisdiction over the convicted person until the costs and fines are completely paid. Allows a court to use contempt proceedings or wage garnishment to enforce its order for payment. Makes conforming amendments.
Date Action 02/13/2007 S: Co Sponsor Added John Ulmer
P SB0127 Title insurance. (Waltz) Digest Specifies requirements for the conduct of a title insurance agent or title agency, including licensure, continuing education, placement of title insurance business, record keeping, reporting, and management and use of funds. Requires the department of insurance to establish a title insurance enforcement unit to enforce title insurance law.
Date Action 01/16/2007 S: Withdrawn Bill withdrawn
P SB0129 1977 fund benefit enhancement. (M. Young) Digest Requires a unit with a population of 9,000 or more to meet and confer with the representative of the unit's full-time police or fire department employees concerning pay issues and conditions of employment. Specifies that an employee may not be required to become a member of or pay dues to an employee organization. Specifies the procedure for an employer to terminate its duty to meet and confer. Provides that: (1) employees may not engage in a strike; and (2) a recognized representative that engages in or sanctions a strike loses the right to represent employees for at least ten years from the date of the action. Provides that an agreement between an employer and an employee organization may not require a unit to engage in deficit financing.
Date Action 02/22/2007 S: 2nd Reading Order Engrossed
P SB0130 Notice of plant closings and mass layoffs. (Mrvan) Digest Requires certain employers to give written notice before plant closings and mass layoffs.
Date Action 01/08/2007 S: 1st Reading Assigned Pensions and Labor
P SB0132 Petition and remonstrance process. (Kenley, Mrvan, Kuzman) Digest Allows registered voters and owners of real property to participate when a political subdivision conducts a petition and remonstrance process to approve a bond issue or a lease rental. (Current law allows only the owners of real property to sign a petition or a remonstrance.) Requires the petitions to be filed with the county voter registration office, rather than the county auditor. Specifies the dates by which an individual must be a registered voter in order to participate in the petition and remonstrance process. Specifies that whenever the name of an individual who signs a petition or remonstrance as a registered voter contains a minor variation from the name of the individual as set forth in the records of the county voter registration office, the signature is presumed to be valid and there is a presumption that the individual is entitled to sign the petition or remonstrance. Specifies that in determining whether an individual is a registered voter, the county voter registration office shall apply the requirements and procedures used under the election law, but provides that an individual is not required to comply with the provisions concerning providing proof of identification. Provides that if a petition is presented to a county voter registration office within 35 days of an election, the county voter registration office may defer acting on the petition until after the election.
Date Action 01/23/2007 S: Co Sponsor Added Jeffrey K. Espich
P SB0138 Absentee voting. (M. Young) Digest Requires a voter applying for an absentee ballot to provide information concerning the voter's identification before receiving an absentee ballot. Specifies that: (1) the voter must provide a description of and the identification number for the proof of identification the voter would submit if the voter were voting in person; or (2) if the voter does not provide a description of the proof of identification or the proof of identification does not have an identification number, the voter must provide the last four digits of the voter's Social Security number. Repeals a provision that exempts an absentee voter from providing proof of identification.
Date Action 02/22/2007 S: Committee Report amend do pass, adopted
P SB0139 School board elections at general election time. (Lubbers) Digest Requires that school board members selected by election must be elected at general elections.
Date Action 02/22/2007 S: Committee Report do pass, adopted
P SB0142 Copying, fax, and certification fees. (Broden, Steele, Goodin) Digest Allows a local government agency to: (1) charge a fee of not more than $5 for certifying a document; and (2) charge a fee of not more than $0.10 per page for copying or facsimile transmission of a document.
Date Action 01/23/2007 S: Co Sponsor Added Ralph M. Foley
P SB0143 Transfer of property to volunteer fire department. (Broden, Steele, Goodin) Digest Authorizes a political subdivision to transfer property to a volunteer fire department without consideration or for nominal consideration for the construction of a fire station or other purposes related to firefighting.
Date Action 01/23/2007 S: Co Sponsor Added Eric Koch
P SB0147 Courts and court officers. (Bray, Lawson, Kuzman) Digest Establishes the sixth district of the court of appeals of Indiana as of January 1, 2009. Provides that the entire state constitutes the sixth district. Adds a second judge to the Floyd superior court. Allows the judge of the Franklin circuit court to appoint one full-time magistrate. Allows the judges of the Hamilton superior court to jointly appoint a second full-time magistrate. Adds a second judge to the Jackson superior court beginning January 1, 2009 and removes a provision requiring the court to sit at Seymour. (The introduced version of this bill was prepared by the commission on courts.)
Date Action 02/13/2007 S: Co Author Added Tim Lanane
P SB0149 Domestic violence. (Lawson) Digest Relocates the law concerning the domestic violence prevention and treatment council. Provides that the department of child services shall administer the domestic violence prevention and treatment fund and the family violence and victim assistance fund. (Under current law, the division of family resources administers the domestic violence prevention and treatment fund, and the treasurer of state and the division of family resources administer the family violence and victim assistance fund.)
Date Action 01/08/2007 S: 1st Reading Assigned Health and Provider Services
P SB0154 Environmental matters. (Gard, Dvorak) Digest Allows an environmental rulemaking board to adopt an emergency rule to comply with a date provided by federal law. Establishes a special environmental rulemaking process for adoption or incorporation by reference of federal provisions or for technical or clarifying amendments. Requires the environmental quality service council to study environmental rulemaking and recycling issues.
Date Action 01/29/2007 S: Co Sponsor Added David Alan Wolkins
P SB0155 Alcohol blended fuel underground storage tanks. (Gard, Dvorak) Digest With respect to the prohibition against installation of certain underground storage tanks (USTs) before the effective date of certain rules, adds to the criteria for exception from the prohibition the requirement that all newly installed or replaced piping connected to the tank meets the secondary containment requirements adopted by the solid waste management board. With respect to USTs that contain alcohol blended fuels composed of greater than 15% alcohol: (1) excepts the USTs from that prohibition if they meet certain standards; and (2) provides that the USTs are subject to certain release response and detection requirements. Adds effective date provisions. Adjusts limitations on payments from the excess liability trust fund.
Date Action 02/22/2007 S: 2nd Author Added Lindel O. Hume
P SB0161 Annexation. (Gard) Digest Reduces the number of landowner signatures required for a remonstrance against an annexation: (1) from at least 65% to at least 51% of the owners of land in the annexed territory; or (2) from the owners of more than 75% to the owners of at least 51% of assessed valuation of the land in the annexed territory. Removes a provision that requires 75% of the owners of land in annexed territory to sign a remonstrance if the territory consists of not more than 100 parcels and 80% of the boundary of the territory proposed to be annexed is contiguous to the municipality.
Date Action 02/21/2007 S: Committee Sched 1:00 p.m. Room 130 Local Government and Elections
P SB0167 Collective bargaining for public employees. (Lanane) Digest Permits certain governmental employees and noncertificated employees of school corporations to form and join unions. Establishes a five member public employees relations board. Establishes a procedure for the selection and decertification of an exclusive bargaining representative. Establishes employer and employee rights. Specifies prohibited practices. Requires the employer to bargain collectively when an exclusive representative has been certified. Establishes negotiation, mediation, factfinding, and binding arbitration procedures. Establishes mandatory subjects of negotiation. Provides that all decisions, opinions, or awards made by an arbitrator are subject to public inspection and copying. Provides that a proposed bargaining agreement subject to ratification by the parties is confidential. Requires a grievance procedure to be included in each collective bargaining agreement. Makes strikes by certain public employees unlawful, and establishes penalties for strikes.
Date Action 01/11/2007 S: 1st Reading Assigned Pensions and Labor
P SB0168 Local regulation of fireworks. (Tallian) Digest Provides that a county or municipality may limit or prohibit the use of fireworks by ordinance, and provides for enforcement of the ordinance. Makes a conforming amendment.
Date Action 01/08/2007 S: 1st Reading Assigned Local Government and Elections
P SB0175 Investigatory powers of the secretary of state. (Delph) Digest Requires the secretary of state to investigate complaints alleging violations of Indiana election law. Gives the secretary of state certain investigative powers, including the power to issue subpoenas and civil investigative demands. Requires the attorney general to provide legal assistance to the secretary of state in the investigation of complaints. Authorizes the secretary of state to seek the appointment of a special prosecutor if the secretary of state considers the appointment necessary in the investigation of complaints.
Date Action 02/07/2007 S: Committee Sched Upon adjournment of Local Gov't. & Elections Comm. Room 130 Elections and Redistricting Subcommittee
P SB0176 Growth related projects and land conservation. (Mrvan) Digest Prohibits various state agencies from funding growth related projects in certain areas. Provides a tax credit for job creation in certain municipal areas. Establishes the Hoosier legacy fund to fund eligible projects under the United States Department of Agriculture's farmland preservation and forest legacy programs. Authorizes the land resources council to identify priority funding areas and perform certain other tasks. Requires the department of local government finance to give priority to school construction projects that: (1) renovate or expand existing school buildings; (2) are located in existing neighborhoods; (3) do not contribute to the conversion of farm lands; and (4) do not require new water or sewer infrastructure.
Date Action 01/11/2007 S: 1st Reading Assigned Tax and Fiscal Policy
P SB0182 Voter identification. (Errington) Digest Provides that an individual furnishes acceptable proof of identification for voting purposes if the individual presents one of the following documents issued to the individual, the document shows the name of the individual, and the name conforms to the name in the individual's voter registration record: (1) Identification issued by the state, the United States, or a public or private higher educational institution located in Indiana. (2) A current utility bill, bank statement, paycheck, government check, or another government document that shows the name and address of the individual. (3) A driver's license or state identification card issued by a state other than Indiana. Provides that an individual also provides acceptable proof of identification: (1) if two precinct election officers who are members of different major political parties execute an affidavit declaring that they have personal knowledge of the individual and that the individual is the individual whose name appears on the poll list; or (2) if the individual executes an affidavit in which the individual swears or affirms that the individual is the individual whose name appears on the poll list.
Date Action 01/08/2007 S: 1st Reading Assigned Local Government and Elections
P SB0183 Poll opening and closing times. (Errington) Digest Authorizes a county election board to adopt by unanimous vote an order to allow the polls in the county to close later if a precinct in the county opens after the time required by law.
Date Action 01/08/2007 S: 1st Reading Assigned Local Government and Elections
P SB0184 Voting procedures after normal poll closing time. (Errington) Digest Provides that if a court order or other order extends the hours that the polls are open, a voter who votes under the order after the time the polls otherwise would have closed must be provided a regular ballot if there are no candidates for election to a federal office on the ballot. (Under current law, such a voter must be given a provisional ballot.)
Date Action 01/08/2007 S: 1st Reading Assigned Local Government and Elections
P SB0189 Copying public records onto compact disc. (Drozda) Digest Allows a political subdivision to destroy the original of a public record, if the public record has been copied onto a compact disc that is not rewritable.
Date Action 01/11/2007 S: 1st Reading Assigned Local Government and Elections
P SB0191 Coroner issues. (Miller, Tincher) Digest Prohibits disturbing a body, any evidence, and the scene of death until the coroner has photographed the body and law enforcement and the coroner have finished their investigation. Requires the coroner to positively identify a dead person by one of four specified methods. Requires the coroners training board (board), in consultation with Indiana law enforcement academy, to create and offer an introductory training course and an annual training course for coroners and deputy coroners. Provides that the courses must include instruction regarding death investigation, crime scenes, and preservation of evidence at a crime scene for police and crime lab technicians. Requires the board to consult with a pathologist in creating the training courses. Requires each coroner and each deputy coroner to successfully complete: (1) the introductory training course; and (2) the annual training course. Provides that a coroner's or deputy coroner's paycheck shall be withheld for failing to successfully complete the introductory training course or the annual training course. Provides that a coroner's paycheck shall be withheld for failing to release a written report or full autopsy report. Requires certain autopsy reports to be released to certain entities. Requires specified information concerning autopsy reports to be completed and available within a specified time frame. Allows a prosecuting attorney to petition a court to prohibit a coroner from releasing specified information if the release of the information would create a significant risk of harm to the criminal investigation of the death. (The introduced version of this bill was prepared by the interim committee on criminal justice matters.)
Date Action 02/12/2007 S: Co Sponsor Added Lawrence Lee Buell
P SB0205 Environmental permits. (Gard) Digest Provides that a person must apply for a new permit and meet the requirements of all applicable environmental laws existing at the time the new permit is sought if the person: (1) fails to act under an environmental construction or operating permit before the statutory deadline; or (2) applies for renewal of a permit. Allows the commissioner of the department of environmental management to revoke or modify a permit if a person fails to act under an environmental construction or operating permit before the statutory deadline.
Date Action 02/20/2007 S: Committee Report amend do pass, adopted
P SB0206 Pollution control expenses for energy facilities. (Gard, Stevenson) Digest Amends the definition of "clean coal technology" in various statutes. Defines the term as a technology used at an electric generating facility to reduce airborne emissions that are regulated, or reasonably anticipated to be regulated, by the federal government, the state, or a political subdivision of the state. (The current definition includes only technologies that reduce sulfur or nitrogen emissions.) Allows an existing electric generating facility to petition the utility regulatory commission (IURC) for approval of a regulated air emissions project. Requires the IURC to: (1) approve the project if the IURC finds, after notice and hearing, the project to be reasonable and necessary; and (2) provide certain financial incentives for the project. Allows the IURC to provide certain additional incentives for an approved project.
Date Action 02/08/2007 S: Co Sponsor Added Robert W. Behning
P SB0211 Bonds for public works projects. (Ford) Digest Increases to $500,000 the threshold at which bid, performance, and payment bonds are required for state and local public works.
Date Action 02/22/2007 S: Committee Report amend do pass, adopted
P SB0218 Tax sale procedures. (Kruse) Digest Permits the issuance of a tax deed only if notice of the tax sale is given to the owner of record by certified mail, return receipt requested. Requires service of the notice by the sheriff if the mailing is returned undelivered, or by publication if the sheriff is unable to serve the notice.
Date Action 01/25/2007 S: 2nd Author Added Ryan D. Mishler
P SB0219 Use of licensed auctioneer for tax sales. (Kruse) Digest Requires that the sale of real property for delinquent property taxes or under a tax warrant be conducted by a licensed auctioneer.
Date Action 01/25/2007 S: 2nd Author Added Ryan D. Mishler
P SB0225 Breastfeeding in the workplace. (Simpson) Digest Provides that the state, political subdivisions, and other employers that employ one or more individuals shall provide for reasonable paid breaks for an employee to express breast milk for the employee's infant child. Provides that the state, political subdivisions, and other employers must make reasonable efforts to provide a room or other location in close proximity to the work area where the employee can express the employee's breast milk in privacy. Provides that the state, political subdivisions, and other employers must make reasonable efforts to provide for a refrigerator or other cold storage for keeping breast milk that has been expressed. Makes it a discriminatory practice for an employer to discriminate against an employee who breastfeeds or expresses milk during a regularly scheduled lunch break or other break. Provides that the civil rights commission is responsible for investigating allegations that an employee has been discriminated against for breastfeeding or expressing milk during a regularly scheduled lunch break or other break.
Date Action 01/25/2007 S: Co Author Added Jeff Drozda
P SB0232 Constructive notice of recording. (Zakas) Digest Provides that if an instrument that is not required to be recorded has been recorded for at least two years, constructive notice of the instrument's recordation is established.
Date Action 02/22/2007 S: Co Author Added Brent Steele
P SB0233 Homeowners association liens. (Zakas) Digest Establishes procedures for creating, recording, foreclosing, and releasing a lien on real estate filed by a homeowners association for nonpayment of common expenses assessed against the real estate.
Date Action 02/22/2007 S: Co Author Added Brent Steele
P SB0234 Tax sale certificates. (Zakas) Digest Provides that a purchaser of a certificate of sale shall record a copy of the certificate of sale in the office of the county recorder not later than 30 days after the date the certificate of sale is issued. Specifies that the county auditor is not required to endorse a certificate of sale that is recorded. Prohibits the county recorder from charging a fee when the county executive records a certificate of sale. Specifies that a person may defeat the title conveyed by a tax deed if the certificate of sale is not recorded within the required time by the purchaser in the office of the recorder of the county in which the property is located. Provides that the amount required for redemption of property sold at a tax sale includes fees paid in the recording of the certificate of sale. Provides that the notice of the tax sale that is provided to the property owner must include the date and instrument number of the recording of the certificate of sale.
Date Action 01/17/2007 S: Committee Sched 9:00 a.m. Room 130 Judiciary
P SB0239 Indiana Commerce Connector. (Wyss) Digest For purposes of the statute concerning tollways, permits the designation of the Indiana Commerce Connector (instead of a part of Interstate Highway 69) as a tollway. For purposes of the statute governing public-private agreements concerning toll roads, deletes the prohibition against a public-private agreement (without legislative authorization) that would permit an operator to impose tolls for the operation of motor vehicles. For purposes of the statute governing public-private agreements by the department of transportation: (1) authorizes a public- private agreement for the Indiana Commerce Connector (instead of a part of Interstate Highway 69); and (2) provides that if all or part of a project to be carried out by a public-private agreement will consist of a tollway, the draft version of the request for proposals for that project must require any offeror to submit a proposal based upon that part of the project that will consist of a tollway, and deletes the current authority for offerors to submit alternative proposals based upon the assumption that a different part or none of the project will consist of a tollway. For purposes of the statute governing the designation of state highways as tollways, permits the designation of the Indiana Commerce Connector (instead of a part of Interstate Highway 69) as a tollway without legislative authorization.
Date Action 01/08/2007 S: 1st Reading Assigned Homeland Security, Transportation & Veterans Affairs
P SB0244 Annual review of unpaid restitution orders. (Mrvan) Digest Requires a governmental entity that is the beneficiary of a criminal or juvenile restitution order issued by a state or federal court to annually file a payment status report with the state board of accounts. Provides that the report must include information on the status of the restitution order, including, if applicable, information concerning any arrearage. Requires the state board of accounts to review the status of restitution orders when it conducts an audit of a governmental entity. Specifies that a court that issues a restitution order on behalf of a political subdivision must serve a copy of the restitution order on the fiscal officer of the political subdivision, and that a court that issues a restitution order on behalf of the state must serve a copy of the order on the attorney general and the auditor of state. Requires the issuing court to facilitate enforcement of a restitution order.
Date Action 01/08/2007 S: 1st Reading Assigned Judiciary
P SB0245 Notice of meetings. (Mrvan) Digest Requires a public agency to give notice of the agency's meetings to any person who makes an annual request for notice. Requires the public agency to charge a $10 fee for providing notice by mail. Requires notice to be given not less than five business days before a meeting that does not deal with an emergency.
Date Action 01/08/2007 S: 1st Reading Assigned Commerce, Public Policy, and Interstate Cooperation
P SB0246 Oversight of public money. (Mrvan, VanHaaften) Digest Provides that the gaming commission has continuous jurisdiction over riverboat economic development agreements and incentive payments, regardless of the date of the development agreement. Establishes reporting requirements for the recipients of incentive payments under the agreements. Provides that: (1) a contributing municipality shall after June 30, 2007, contractually require, as a condition of providing public money to a municipal benefit entity that is not required to be audited annually by the state board of accounts, that the municipal benefit entity must be audited by an independent accounting firm acceptable to the contributing municipality; (2) a municipal benefit entity must provide the results of an independent audit to the contributing municipality and, in the case of a municipal benefit entity that receives money under a gaming development agreement, to the Indiana gaming commission; (3) a municipal benefit entity shall pay the costs of an independent audit; and (4) the providing of an independent audit by a municipal benefit entity does not result in the municipal benefit entity being considered a public agency for purposes of the open door law or the public records law. Provides that a contributing municipality shall after June 30, 2007, contractually require, as a condition of providing public money to a municipal benefit entity, that the members of the governing body or chief executive officer of the municipal benefit entity shall annually file a verified written certification with each contributing municipality stating that a written statement of accounts has been prepared. Requires the fiscal body of a contributing municipality to review the amount of public money attributable to: (1) the municipality; (2) an agreement entered into by the municipality; or (3) an enterprise zone business; that is used as compensation to or reimbursement of expenditures of a member of the governing body or chief executive officer of a municipal benefit entity. Provides that examinations of public entities by the state board of accounts shall be conducted on a schedule determined by the board, except as specifically required by state law. (Current law requires certain entities to be examined on an annual basis and other entities to be examined on a biennial basis.) Specifies that examinations of certain entities must be conducted at least biennially.
Date Action 02/20/2007 S: Co Sponsor Added Matthew D. Whetstone
P SB0254 Evansville-Vanderburgh County airport authority. (Becker, Deig, VanHaaften) Digest Provides that the Evansville-Vanderburgh County airport authority and any county contiguous to Vanderburgh County may enter into a cooperative agreement involving any functions of the authority.
Date Action 01/30/2007 S: Co Sponsor Added Suzanne Crouch
P SB0255 Dearborn, Jefferson, Ohio, and Switzerland county courts. (Lewis) Digest Provides that as of January 1, 2009: (1) the Ohio County and Switzerland County joint superior court is dissolved; (2) the three judge Dearborn County and Ohio County joint superior court is established; (3) the Jefferson County and Switzerland County joint fifth judicial circuit is dissolved; and (4) Jefferson County constitutes and continues in the fifth judicial circuit and Switzerland County constitutes a new ninety-first judicial circuit. Makes transitional and conforming amendments.
Date Action 01/08/2007 S: 1st Reading Assigned Judiciary
P SB0260 Private use hospital heliports. (Heinold) Digest Establishes imaginary surfaces for private use hospital heliports for purposes of regulating tall structures and utilities. Requires a utility whose overhead utility lines interfere with an imaginary surface of a private use hospital heliport to relocate the lines at the expense of the hospital. Allows an airport authority board, after consulting with the local zoning authority, to adopt an ordinance establishing an overlay zoning district for a noise sensitive area: (1) to promote aviation safety; or (2) to provide for land uses within the noise sensitive area that are compatible with and support airport operations.
Date Action 01/11/2007 S: 1st Reading Assigned Commerce, Public Policy, and Interstate Cooperation
P SB0266 Certificate of sale in a tax sale. (Bray) Digest Requires a purchaser of a certificate of sale to record a copy of the certificate in the office of the county recorder. Provides that the county auditor is not required to endorse a recorded certificate of sale. Prohibits the county recorder from charging a fee when the county executive records a certificate of sale. Provides that the amount required for redemption of property sold at a tax sale includes fees paid in the recording of the certificate of sale. Provides that the notice of tax sale provided to the property owner must include the date and instrument number of the recording of the certificate of sale.
Date Action 01/08/2007 S: 1st Reading Assigned Judiciary
P SB0268 Property tax deduction for farm security items. (Weatherwax, Heinold) Digest Provides a property tax deduction not to exceed $25,000 assessed value per year relating to secure storage of fertilizers and pesticides that could be used for terrorism or illegal drug manufacturing. Specifies that the deduction is available for certain chemical additives and for tangible personal property that is: (1) installed or placed in service after March 1, 2007; and (2) used to provide security for a fertilizer or pesticide by: (A) restricting access to or control of; or (B) conducting surveillance on or detecting unauthorized access to; the fertilizer or pesticide. Provides that, in addition to a certified application statement, a person claiming the deduction must file a certification by the state chemist that the property for which the deduction is claimed has been installed or placed in service. Specifies that a person may not receive the deduction for security devices and the "automatic abatement deduction" for the same property.
Date Action 01/08/2007 S: 1st Reading Assigned Tax and Fiscal Policy
P SB0269 Public work projects. (Heinold) Digest Authorizes a political subdivision to perform a public work project by means of its own workforce, without awarding a contract, if the cost of the project is estimated to be less than $300,000 and the project consists of the construction, reconstruction, repair, alteration, resurfacing, or maintenance of an alley, a road, a street, a highway, or a bridge. (Under current law, a project may be performed by a political subdivision's own workforce only if the cost of the project is less than $100,000.)
Date Action 02/22/2007 S: Committee Report amend do pass, adopted
P SB0270 Flexible fuel vehicle incentives. (Hershman, Heinold, Grubb) Digest Provides a monthly incentive payment to political subdivisions if 75% of the fuel used in the political subdivision's E85 compatible motor vehicles is E85.
Date Action 02/20/2007 S: Co Sponsor Added Trent Van Haaften
P SB0271 Next of kin control of bodies in murder cases. (Sipes, Lanane, L. Lawson) Digest Prohibits a person whom a coroner, after consultation with law enforcement, determines is reasonably likely to have committed murder, voluntary manslaughter, or another criminal act resulting in the death of the decedent from making certain determinations concerning the remains of the decedent. Excludes certain criminal acts involving the operation of a motor vehicle. Requires the coroner, in consultation with law enforcement, to notify a cemetery owner, a crematory authority, or a seller of prepaid funeral and burial services that the person is barred from making the determinations concerning the remains of the decedent. Specifies the order of priority among individuals permitted to authorize the interment, entombment, or inurnment of the body or cremated remains of a deceased human. Provides that, when a coroner investigates a death, the coroner may hold the remains of the decedent until the investigation is concluded. Permits the parent or adult child of a decedent to receive a full autopsy report and, with certain exceptions, prohibits the parent or adult child from publicly disclosing the contents of the full autopsy report. (The introduced version of this bill was prepared by the interim study committee on criminal justice matters.)
Date Action 02/19/2007 S: Co Author Added Vaneta Becker
P SB0276 Wage payments. (Kruse, Mishler, Cheney) Digest Requires an employer to pay all wages earned to a date not more than ten business days before the payment date. (Current law does not state the requirement in terms of business days.) Defines business day for the purpose of wage payments, and applies the term to claims for wages earned before, on, or after July 1, 2007.
Date Action 02/20/2007 S: Co Sponsor Added Phil GiaQuinta
P SB0278 Boone circuit court magistrate. (Boots) Digest Allows the judge of the Boone circuit court to appoint one full-time magistrate to exercise the circuit court's juvenile jurisdiction.
Date Action 01/08/2007 S: 1st Reading Assigned Judiciary
P SB0279 Representation of judges in mandate litigation. (Boots, L. Lawson) Digest Requires the attorney general to represent a court that has issued an order of mandate for funds for the operation of the court or court-related functions. Prohibits the state from reimbursing a judge for expenses incurred in employing a private attorney to represent the court in an action for mandate of funds.
Date Action 02/20/2007 S: Co Author Added Timothy D. Skinner
P SB0284 Property tax deduction for seniors. (Kruse) Digest Removes income and assessed value restrictions on the property tax deduction for individuals who are at least 65 years of age. Provides that the amount of the deduction is the greater of: (1) the difference between the assessed value of the property in a particular year and the assessed value of the property in a base year; or (2) the amount of the deduction as it is calculated under current law. Makes conforming amendments.
Date Action 01/25/2007 S: 2nd Author Added Ryan D. Mishler
P SB0287 Various property tax matters. (Kenley, Kuzman) Digest Adjusts the procedures for administrative and judicial appeal of a property tax assessment or exemption. Provides that if a closing statement was prepared for a conveyance, the property sales disclosure form must include the closing statement or a statement from the mortgagor or closing agent that states the sale price. Specifies that before filing a sales disclosure form with the county auditor, a person must submit the form to the county assessor (or township assessor in the case of a county containing a consolidated city), who must review the form and, if the form is accurate and complete, stamp the form as eligible for filing with the county auditor. Makes related changes. Permits the county legislative body to adopt an ordinance for the holding of a referendum to determine whether to transfer to the county assessor the property tax assessment duties of the elected township assessor or township trustee-assessor of a particular township. Permits the county legislative body to adopt an ordinance for the holding of a referendum to determine whether to transfer the duties back to the township assessor or trustee-assessor. Provides that a referendum for the transfer of assessing duties must be on a township-by- township basis. Specifies that an ordinance for the holding of a referendum on the transfer of assessment duties to the county assessor may not be adopted in a year in which an election of township assessors will be held in the county. Requires a candidate for county assessor, elected township assessor, or township trustee-assessor to be a certified level two assessor-appraiser. Allows the assessment duties to be transferred from a particular township if for a general election after June 30, 2008, there is not a candidate in the township for the office of township assessor or the office of township trustee-assessor who has attained the certification of a level two assessor- appraiser. Provides that salary increases for assessors, deputies, and employees who obtain the certification apply if the certification was obtained before assuming office or becoming employed by the assessor. Provides that the additional amount a township assessor or employee receives on becoming a certified level two Indiana assessor-appraiser is in addition to and not part of the person's annual compensation. Repeals an obsolete provision in the commercial vehicle excise tax concerning the filing of information returns in May 2000. Provides that the county assessor shall review and may audit personal property tax returns that are currently reviewed by the department of local government finance (department). Provides that an appeal of an assessment of the real property of an industrial facility made by the department is subject to appeal to the Indiana board of tax review, and establishes requirements for the findings of the board. Creates a level three Indiana assessor-appraiser certification to be administered by the department. Provides that a person who attains a level three certification is eligible for positions and for pay increases for which a level two is eligible. Requires the department to conduct all ratio studies required for equalization and annual adjustments. Provides for annual adjustment of maximum property tax rates to account for the change in assessed value of real property that results from an annual adjustment of the assessed value of real property. Requires most political subdivisions to adopt a budget by September 30. Requires the county assessor instead of the department to order the reassessment of property destroyed in a disaster. Sets May 15 as the deadline to apply for a property tax exemption. Requires political subdivisions to submit financing data to the department by December 31. Makes related changes. Provides a procedure, for the various types of property tax abatement, to correct an erroneous understatement of an assessed value deduction by the application of a separate deduction after the regular abatement schedule expires. Provides that an appropriation from the property reassessment fund must be approved by the fiscal body of the county after the review and recommendation of the county assessor. Provides that the 5% delinquency penalty applies to delinquent property taxes if the taxes are paid within 30 days after the due date and the taxpayer is not liable for delinquent property taxes due in a previous installment (rather than due in a previous year, under current law) for the same parcel. Provides that, in the case of a civil taxing unit that has a levy excess for a particular year, experienced a shortfall in property tax collections in the preceding year, and did not receive permission to increase its property tax levy to make up the shortfall, the amount the civil taxing unit must transfer to its levy excess fund shall be reduced by the amount of the civil taxing unit's shortfall in the preceding calendar year.
Date Action 02/12/2007 S: Co Sponsor Added Jeffrey K. Espich
SB0289 Explanation of proposed constitutional amendments. (Dillon, V. Smith) Digest Requires the legislative council to prepare a concise and neutral summary of any proposed state constitutional amendment. Requires the legislative council to distribute a copy of the summary to various entities and post the summary on the general assembly's Internet web site not later than 60 days before the election at which the proposed amendment is submitted to the voters. Requires a copy of the summary to be posted at each polling place. Provides that the legislative council has absolute discretion to determine the contents of the summary, and prohibits the bringing of an action based on the exercise of this discretion.
Date Action 02/22/2007 S: Co Sponsor Added William 'Bill' J. Ruppel
P SB0291 Illiana Expressway. (Landske, Wyss) Digest For purposes of the statute concerning tollways, permits the designation of the Illiana Expressway (instead of a part of Interstate Highway 69) as a tollway. For purposes of the statute governing public-private agreements concerning toll roads, deletes the prohibition against a public-private agreement (without legislative authorization) that would permit an operator to impose tolls for the operation of motor vehicles. For purposes of the statute governing public- private agreements by the department of transportation: (1) authorizes a public-private agreement for the Illiana Expressway (instead of a part of Interstate Highway 69); and (2) provides that if all or part of a project to be carried out by a public-private agreement will consist of a tollway, the draft version of the request for proposals for that project must require any offeror to submit a proposal based upon that part of the project that will consist of a tollway, and deletes the current authority for offerors to submit alternative proposals based upon the assumption that a different part or none of the project will consist of a tollway. For purposes of the statute governing the designation of state highways as tollways, permits the designation of the Illiana Expressway (instead of a part of Interstate Highway 69) as a tollway without legislative authorization.
Date Action 01/11/2007 S: 1st Reading Assigned Homeland Security, Transportation & Veterans Affairs
P SB0292 Various election law matters. (Landske, Lawson, Pierce) Digest Makes the following changes in election law: (1) Restates county reimbursement procedures for attending the annual election administrators conference. (2) Makes procedural changes concerning small town elections. (3) Permits the election commission or a county election board to dissolve a committee without being required as part of the dissolution (as under current law) to waive outstanding civil penalties previously imposed on the committee. Specifies that the chairman or treasurer of the committee remains liable for any committee debts, notwithstanding the dissolution of the committee. (4) Specifies the reporting period for large contributions to candidates for statewide office. (5) Specifies the number of ballot cards that must be made available to voters who are 17 years of age in a primary and to voters who wish to vote in school board elections only or on a public question only at a primary. (6) Establishes procedures for conducting a special election for United States Representative in conformity with a federal law applicable when there are more than 100 vacancies. (7) Provides for special elections when a vacancy exists in the general assembly in an office formerly held by a person elected as an independent candidate or as the candidate of a minor political party. (8) Changes several dates concerning the certification of ballot questions and devices to conform to the date in current law for the certification of candidates. (9) Revises precinct boundary change procedures. (10) For voting system violations: (A) defines "election" for purposes of the secretary of state's enforcement of violations; (B) specifies that, in computing the maximum civil penalty, a violation that occurs in more than one county is subject to the maximum civil penalty in each county; and (C) provides that the secretary of state is not subject to the Indiana Code's administrative orders and procedures provisions in assessing a civil penalty. (11) Provides that the voting system technical oversight program account is nonreverting and that voting system application fees are to be deposited in the account. Permits the account to be used for voting system statute enforcement. Continuously appropriates money in the account. (12) Specifies certain absentee ballot procedures. (13) Authorizes the secretary of state to conduct audits to determine compliance with federal and state laws requiring the securing and retention of election records. (14) Provides that voters who reside within the portion of a municipality located in a vote center pilot county may vote using vote center pilot county procedures. (15) Restates the maximum amount of a cash deposit or bond in a local recount proceeding. (16) Amends provisions concerning candidate ballot vacancy procedures. (17) Provides that a person who pays or accepts property to obtain signatures on a petition for ballot access commits a Class D felony if certain conditions exist. (18) Updates references to federal law. (19) Repeals obsolete references to certificates of election issued by the county auditor, paper ballots, and special polling places.
Date Action 02/15/2007 S: Co Sponsor Added Don Lehe
P SB0293 Voter registration. (Landske, Lawson, Pierce) Digest Makes the following changes: (1) Defines "active" and "inactive" voters for purposes of voter list maintenance programs. (2) Restates the registration deadline applicable to certain military and overseas voters. (3) Specifies the contents of statewide voter registration system reports. (4) Provides that if a voter list maintenance mailing is returned by the U.S. Postal Service or is responded to by a voter during the final 90 days before an election, the response or return shall be processed when registration reopens following the election. (5) Requires that county voter registration records be updated to reflect voter history and other information set forth on precinct polling place lists not later than 60 days after election day or after completion of a recount or contest. (6) Establishes procedures for processing paper copies of voter registration applications requesting the cancellation of a voter's registration record in another Indiana county. (7) Specifies the periods during which certain first time voters who register by mail within an Indiana county are to provide additional documentation as required by federal law. (After the establishment of the statewide voter registration system in 2006, this requirement applies only to certain first time voters who register by mail within Indiana.) (8) Requires the precinct inspector to request that a voter who is casting a regular ballot at the polls using certain fail-safe procedures complete a new voter registration application. (9) Renames a "certificate of error" as a "certificate of voter registration". (10) Provides that an individual who does not have an Indiana driver's license and will be at least 18 years of age by election day may not be charged a fee by the department of health for a birth record search or for the issuance of a birth certification if the record is found, or charged a birth problems registry fee. (11) Repeals obsolete references concerning the mailing of monthly voter registration transaction reports, and updates procedures for address changes of voter registration records in the statewide voter registration system. (12) Makes technical changes.
Date Action 02/20/2007 S: Co Sponsor Added Kathy Kreag Richardson
P SB0296 Primary election date. (Lanane) Digest Moves the date of the primary election from May to March.
Date Action 02/14/2007 S: Committee Sched Upon Adjournment of Local Gov't & Elections Comm. Room 130 Elections and Redistricting Subcommittee
P SB0297 Election day voter registration. (Lanane) Digest Permits a voter to register at the polls by completing a voter registration form and an affirmation that the person has not voted elsewhere in the election and by providing proof of residence. Specifies the documents acceptable as proof of residence, including a statement signed by another voter in the precinct that corroborates the residency of the person registering to vote. Requires that voter registration forms executed at the polls be processed in the same manner as other registrations.
Date Action 01/11/2007 S: 1st Reading Assigned Local Government and Elections
P SB0299 Assessed value of homesteads. (Mrvan) Digest Provides, for assessment dates after February 29, 2008, that the assessed value of a homestead that changes ownership in the preceding year is the sale price of the homestead. Limits the annual increase in the assessed value of a homestead that results from trending to the lesser of 3% or the percentage change in the consumer price index.
Date Action 01/16/2007 S: 2nd Author Added Howard "Luke" Kenley
P SB0300 Local option property tax replacements. (Mrvan) Digest Authorizes counties, cities, and towns to adopt local sales taxes, fuel taxes, alcoholic beverage taxes, tobacco taxes, and firework taxes. Establishes the county tax council, which consists of the county fiscal body and the fiscal bodies of each city and town located in the county. Authorizes the county tax council to adopt local taxes and provides for revenue from the county tax council's taxes to be distributed to each of the units represented on the county tax council. Provides that the local taxes authorized are in addition to other taxes authorized under Indiana law. Provides that the authorized taxes shall be used for property tax replacement.
Date Action 01/11/2007 S: 1st Reading Assigned Tax and Fiscal Policy
P SB0303 Assessment of damaged residences. (Mrvan) Digest Establishes qualifications and procedures for property tax relief for damage caused by a disaster. Repeals current provisions concerning disaster relief.
Date Action 01/11/2007 S: 1st Reading Assigned Tax and Fiscal Policy
P SB0304 Property tax circuit breaker. (Mrvan) Digest Limits the 2% circuit breaker property tax credit to property taxes imposed on homesteads. Requires the county fiscal body to adopt an ordinance authorizing the 2% homestead circuit breaker property tax credit before the credit applies in a county. Indicates that any reduction in collections due to the property tax credit does not relieve a taxing unit from the requirement of fully funding the payment of debt service or lease rentals. Specifies that the 2% homestead circuit breaker property tax credit applies in Lake County in 2007 to the same extent as if the county fiscal body had adopted an ordinance before July 1, 2006. Makes other related changes.
Date Action 01/11/2007 S: 1st Reading Assigned Tax and Fiscal Policy
P SB0306 Criminal history checks. (Miller, Hershman) Digest Specifies that a limited criminal history check includes arrests even if there is no disposition. Requires requests for limited criminal history submitted by noncriminal justice agencies and individuals to be name based, and requires the state police department to inform persons who receive criminal history information of the scope of the information. Requires a court to order a convicted defendant to be fingerprinted unless the defendant was arrested and processed at the county jail, and requires the security and privacy council to adopt rules to ensure the uniform and efficient submission of criminal history data to the state police department. Grants civil immunity to prosecuting attorneys, clerks, and law enforcement officials for good faith errors or omissions that relate to the transmission of fingerprints or other criminal history data. Permits an employer to request a limited criminal history check of an employee who provides services involving contact with children or individuals who are mentally ill or disabled. Makes other changes and conforming amendments. (The introduced version of this bill was prepared by the sentencing policy study committee.)
Date Action 01/11/2007 S: 1st Reading Assigned Corrections, Criminal, and Civil Matters
P SB0310 Proof of mailing. (Hershman, Grubb) Digest Provides that if a law or a rule requires a mailing by registered mail or certified mail, a person may use any public or private method of delivery that: (1) tracks the delivery of mail; and (2) requires a signature upon delivery.
Date Action 02/12/2007 S: Co Sponsor Added Tim Brown
P SB0315 Study of intelligent transportation systems for highways. (Ford, Austin) Digest Requires the Indiana department of transportation to study the feasibility of integrating intelligent transportation systems into Indiana's highway systems. Requires the department to report the results of its study to the public and to the general assembly in an intermediate report due before January 1, 2008, and in a final report due before January 1, 2009.
Date Action 02/20/2007 S: Co Sponsor Added Scott Reske
P SB0319 State employees or contractors who counsel juveniles. (Miller) Digest Provides that the department of correction, the office of the secretary of family and social services, the state department of health, the department of education, the School for the Deaf, the School for the Blind and Visually Impaired, and the department of child services may provide counseling services for children through state employees or individuals under contract only if the state employees or individuals under contract possess certain licenses or certifications. Provides that ministers, priests, rabbis, and other members of the clergy are exempt from the licensing or certification requirement.
Date Action 01/16/2007 S: 1st Reading Assigned Judiciary
P SB0323 Wireless emergency notification pilot program. (Miller) Digest Requires the regulatory flexibility committee to study the topic of a statewide emergency notification system, including the implementation of a wireless (or other emerging technology) emergency notification system.
Date Action 02/20/2007 S: Committee Action Pass Amend(7-0) Homeland Security, Transportation & Veterans Affairs
P SB0325 Election day voter registration. (Howard) Digest Permits a voter to register at the polls by completing a voter registration form, affirming that the person has not voted elsewhere in the election, and providing proof of residence. Specifies the documents acceptable as proof of residence, including a statement signed by another voter in the precinct that corroborates the residency of the person registering to vote. Requires that voter registration forms executed at the polls be processed in the same manner as other registrations.
Date Action 01/11/2007 S: 1st Reading Assigned Local Government and Elections
P SB0329 Child support. (Lawson) Digest Requires: (1) a court that orders, modifies, or enforces a child support order to issue an immediate income withholding of an obligor's income; and (2) the bureau of child support to prescribe standard income withholding order and notice forms. Establishes: (1) requirements for implementation of an income withholding order; (2) amounts to be withheld under certain income withholding orders; (3) notice requirements concerning income withholding orders; and (4) income withholding requirements for income payors. Provides that: (1) a court may stay implementation of an income withholding order if certain requirements are met; (2) if a court does not issue an income withholding order, a Title IV-D agency may issue an income withholding order; (3) a Title IV-D agency may lift a stay of implementation of an income withholding order if certain conditions are met; (4) an obligor or obligee may file a petition to lift a stay; (5) an income payor who fails to comply with an income withholding order is liable; and (6) a Title IV-D agency or its agent is not subject to civil liability for income withheld and paid in accordance with an income withholding order. Provides that an income payor that discharges from employment, refuses to employ, takes disciplinary action, or otherwise discriminates against an obligor because of an income withholding order is subject to a penalty not to exceed $5,000. Requires a: (1) Title IV-D agency that collects at least $500 of child support for an individual who has never received Title IV-A assistance to charge an annual fee, which must be collected from child support payments, the parent who owes child support, or state funds appropriated for the purpose of paying the fee; and (2) child support
Date Action 02/22/2007 S: Committee Report amend do pass, adopted
P SB0331 Funding for emergency dispatch centers. (Lawson, Grubb) Digest Provides that a county's share of hazardous waste disposal tax revenue deposited in a county fund may be used to pay costs associated with the construction, structural rehabilitation, and equipment of a facility used for a county public safety central dispatch or a county emergency operations center. Prohibits the county from using for those purposes in a calendar year an amount that exceeds ten percent of the fund balance as of January 1 of the year.
Date Action 02/13/2007 S: Co Sponsor Added Amos Thomas
P SB0332 Campaign finance. (Lawson) Digest Applies campaign contribution limits to contributions made by certain organizations. Provides that a contribution made by an organization is considered to be a contribution made by another organization that has more than a 50% interest in the contributing organization. Provides that contribution limits apply to individual candidates and committees instead of to the aggregate of contributions made to candidate or committee classes. Reduces to $50 the amount of a contribution that requires certain information about a contributor to be reported. Requires reporting the occupation of an individual whose contributions must be reported. Requires itemization of committee receipts by the amount of: (1) cash contributions received; (2) the value of property other than cash received as contributions; and (3) the value of property received other than contributions. Requires candidates for judge, prosecutor, sheriff of a county containing a consolidated city, sheriff of a county containing a second class city, mayor of a city other than a third class city, and county commissioner of a county that contains a second class city to file campaign reports electronically with the election division in addition to filing the reports with the county election board.
Date Action 01/11/2007 S: 1st Reading Assigned Local Government and Elections
P SB0334 Restrictive covenants regarding modular homes. (Riegsecker, Fry) Digest Provides that a deed restriction, restrictive covenant, or agreement recorded after June 30, 2007, may not prohibit or restrict the erection of an industrialized residential structure on real property. Provides that a deed restriction, restrictive covenant, or agreement that applies uniformly to all homes and industrialized residential structures in a subdivision may impose aesthetic compatibility requirements on an industrialized residential structure in the subdivision.
Date Action 02/06/2007 S: Co Sponsor Added Jacqueline Walorski Swihart
P SB0336 Donations by local units to community foundations. (Riegsecker) Digest Allows a unit of local government (unit) to donate money in the unit's local major moves construction fund to a charitable nonprofit community foundation. (Current law allows the proceeds from the sale of a utility or facility or from a grant, a gift, a donation, an endowment, a bequest, a trust, or riverboat gaming revenue to be donated.) Allows a donation by a unit to be held by a charitable nonprofit community foundation as either a permanent endowed designated fund or as a nonendowed designated fund. Requires a unit to specify whether a donation shall be held by the charitable nonprofit community foundation as a permanent endowed designated fund or as a nonendowed designated fund.
Date Action 02/22/2007 S: Committee Report amend do pass, adopted
P SB0337 Property tax informational statements. (Riegsecker, Broden, Dvorak) Digest Provides that after 2007 the county treasurer is not required to mail a property tax informational statement with each property tax bill, but must instead provide the information to the taxpayer or mortgagee upon request. Specifies certain information that must be included on property tax bills. Specifies certain requirements concerning the mailing or transmitting of property tax bills.
Date Action 02/15/2007 S: Co Sponsor Added Jacqueline Walorski Swihart
SB0338 Distribution of local income tax. (Riegsecker) Digest Provides that the amount of local income tax distributed to a county will be adjusted to include an amount withheld by an employer but not reported on an annual income tax return. (Current law provides that the amount distributed is based on the amount of tax received and reported on a taxpayer's annual income tax return.)
Date Action 01/23/2007 S: Committee Report amended, reassigned Tax and Fiscal Policy
SB0339 Allows the alcohol and tobacco commission to renew or transfer beer (Riegsecker) Digest Defines "grocery store" for purposes of the law concerning alcohol and tobacco. Allows the alcohol and tobacco commission (ATC) to renew or transfer ownership of a beer dealer's permit for a beer dealer who: (1) held a permit before July 1, 2007; and (2) does not qualify for a permit as a grocery store. Requires a liquor dealer permittee (other than a package liquor store) to display alcohol in a clearly designated area where the presence of a minor is prohibited without a parent or guardian who is at least 21 years of age. Requires the ATC to collect an annual registration fee of $1,000 for a primary source of supply for deposit in the enforcement and administration fund. Requires the ATC to conduct random unannounced inspections of locations where alcoholic beverages are sold or distributed. Allows a person at least 18 years of age and less than 21 years of age to receive or purchase alcoholic beverages as part of an enforcement action. Reduces the number of beer dealer permits authorized by the quota that may be issued within a city or town. Provides for graduated civil penalties against a permittee for repeat violations of furnishing alcohol to a minor on the licensed premises.
Date Action 02/22/2007 S: Committee Report do pass, adopted
P SB0341 Local government investment pool. (Ford, Austin) Digest Establishes the local government investment pool (investment pool) within the office of the treasurer of state. Allows local units of government to pay money into the investment pool for the purpose of deposit, investment, and reinvestment of the money by the treasurer of state on behalf of the units. Requires the treasurer of state to invest the funds in the investment pool in the same manner, in the same type of instruments, and subject to the same limitations provided for the deposit and investment of state funds. Authorizes the treasurer of state to contract with accountants, legal counsel, regulated investment advisors, money managers, and other finance and investment professionals to make investments and provide for the public accounting and legal compliance necessary to ensure and maintain the safety, liquidity, and yield of the investment pool. Requires the treasurer of state to establish and make public the policies that the treasurer of state will follow in the administration of and accounting for the investment pool. Requires the policies to provide the following: (1) There is not a minimum time for which funds must be retained by the investment pool. (2) The administrative expenses of the investment pool shall be paid from the earnings of the investment pool. (3) The earnings of the investment pool in excess of administrative expenses shall be credited to the state and each unit of government participating in the investment pool in a manner that equitably reflects the different amounts and terms of the state's investment and each unit's investment. (4) There is not a limit on the number of accounts that the state or a unit of government participating in the investment pool may establish within the investment pool. (5) The state and each unit of government participating in the investment pool shall receive certain daily and monthly reports. (6) The investment pool shall be audited annually by an independent auditing firm.
Date Action 02/20/2007 S: Co Sponsor Added Tim Neese
P SB0352 Real estate disclosure forms. (Steele) Digest Repeals the law that requires an owner of residential real estate to: (1) complete and sign a real estate disclosure form; and (2) submit the form to a prospective buyer; before an offer for the sale of the residential real estate is accepted.
Date Action 01/11/2007 S: 1st Reading Assigned Judiciary
P SB0353 Miscellaneous election matters. (Steele, Delph) Digest Provides that the following are sufficient proof of identification for a voter: (1) an identification document issued by the United States military with an indefinite expiration date; and (2) an identification document issued by an approved institution of higher learning. Requires certain candidacy documents to contain a statement that the candidate is aware of the statute prohibiting certain relatives of the candidate from being a precinct election officer. Requires a candidate to separately sign the statement. Authorizes poll clerks and assistant poll clerks to check a voter's proof of identification.
Date Action 02/22/2007 S: Committee Report amend do pass, adopted
P SB0355 School board elections. (Waterman) Digest Requires that the members of the governing body of a school corporation be elected. Repeals a superseded statute providing for the option of appointment of members of a governing body.
Date Action 01/11/2007 S: 1st Reading Assigned Local Government and Elections
P SB0359 Public safety fees. (Heinold) Digest Annually appropriates funds from the public safety fees paid by fireworks retailers as follows: (1) $1,000,000 to the department of homeland security for training programs. (2) $1,000,000 to the department of homeland security for deposit in the state disaster relief fund.
Date Action 01/16/2007 S: 1st Reading Assigned Local Government and Elections
P SB0368 County drug free community fund. (Kruse) Digest Provides that money remaining in the county drug free community fund after allocations to entities for services and activities shall be used to provide additional services and activities and to meet costs related to the operations of the local coordinating council.
Date Action 01/25/2007 S: 2nd Author Added Ryan D. Mishler
P SB0369 Housing maintenance property tax credits. (Wyss, Broden) Digest Allows a municipal legislative body to designate an area within the municipality as a housing maintenance area. Provides that the total territory of all housing maintenance areas in a municipality may not exceed 5% of the territory of the municipality. Provides that a person that makes certain maintenance expenditures on qualified residential property in a housing maintenance area is entitled to a credit against municipal property taxes. Provides that the maintenance expenditures are eligible for the credit only if they are paid to a contractor licensed by the municipality. Provides that the credit equals the result of: (1) 50% of the amount of the person's maintenance expenditures; divided by (2) the number of years for which the person may claim the credit. Provides that the credit may not exceed 50% of the person's municipal property tax liability. Requires an ordinance designating a housing maintenance area to specify: (1) the categories of residential property that are eligible for the credit; (2) the number of years for which a taxpayer may claim the credit (not to exceed ten years); (3) the municipal department responsible for administering the credit; (4) any limits on the eligibility of a person to claim a credit because of unsafe building violations or health and safety violations; and (5) the types of maintenance for which a credit may be claimed.
Date Action 01/11/2007 S: 1st Reading Assigned Tax and Fiscal Policy
SB0371 Mobile camps for railroad employees. (Landske, Simpson, Drozda) Digest Establishes standards for a mobile camp provided by a railroad company for maintenance of way employees. Requires a railroad company to provide drinking water at assembly points where at least two maintenance of way employees meet. Requires the executive board of the state department of health to adopt rules concerning mobile camps. Makes conforming amendments.
Date Action 02/22/2007 S: Committee Report do pass, adopted
P SB0382 Fireworks ordinances and resolutions. (Broden) Digest Allows a local governmental unit to prohibit or limit the sale, possession, or use of fireworks. Makes conforming amendments.
Date Action 01/11/2007 S: 1st Reading Assigned Local Government and Elections
P SB0385 Electronic recording of custodial interrogations. (Broden) Digest Requires state and local law enforcement agencies to electronically record custodial interrogations of suspects during murder investigations conducted after June 30, 2008. Requires the agencies to retain copies of custodial interrogations for certain periods. Provides that any statements made by a suspect that are in violation of the custodial interrogation requirements are inadmissible in a murder prosecution against the suspect. Provides for certain exceptions.
Date Action 01/16/2007 S: 1st Reading Assigned Judiciary
P SB0386 Restrictions on tax sale purchasers. (Broden) Digest Prohibits a tax sale purchaser who fails to make payment and complete the sale from participating in the next succeeding tax sale in the county.
Date Action 01/11/2007 S: 1st Reading Assigned Local Government and Elections
P SB0387 Counting provisional ballots. (Broden) Digest Requires that the provisional ballot of an individual whom the county election board determines is an eligible voter of the county, but who cast a provisional ballot in a precinct other than the precinct in which the voter resides, be counted to the extent that the ballots in both precincts are identical.
Date Action 01/11/2007 S: 1st Reading Assigned Local Government and Elections
P SB0388 Land use issues. (Broden) Digest Allows a public agency engaged in economic development or redevelopment activities to conduct interviews with commercial and industrial prospects in an executive session. Allows a public agency to withhold records relating to the discussions and negotiations with industrial, commercial, or research prospects from public inspection and copying. Requires the public agency to disclose the terms of the final offer of public financial resources communicated to a prospect after discussions and negotiations have ended. Requires a city legislative body and works board to jointly conduct disannexation proceedings. Provides that a special exception approved after June 30, 2007, takes effect when a certificate showing approval of the special exception and acknowledged by the zoning authority is recorded with the county recorder.
Date Action 01/11/2007 S: 1st Reading Assigned Local Government and Elections
P SB0389 Ballots not voided by clerical errors. (Broden) Digest Requires the counting of a ballot that the election law otherwise would not permit to be counted if: (1) the voter marked and cast the ballot in compliance with the election law; (2) the defect in the ballot is solely the result of an act or failure to act of an election officer; and (3) no evidence of fraud, tampering, or misconduct is presented.
Date Action 01/11/2007 S: 1st Reading Assigned Local Government and Elections
P SB0395 Renewable energy production incentives. (Weatherwax) Digest Provides: (1) a property tax deduction for organic waste biomass conversion units; (2) a tax credit for the purchase of electricity generated from an organic waste biomass conversion unit; and (3) a tax credit for a qualified investment made to convert dried distiller's grain produced as a byproduct of the production of ethanol into biodiesel and ethanol.
Date Action 01/11/2007 S: 1st Reading Assigned Tax and Fiscal Policy
P SB0396 Immunity for emergency vehicle operators. (Weatherwax) Digest Provides a governmental entity or an employee acting within the scope of the employee's employment immunity from a loss resulting from the operation of an authorized emergency vehicle under certain circumstances.
Date Action 02/22/2007 S: Committee Report amend do pass, adopted
P SB0398 County recorder sale of bulk form copies. (Deig) Digest Provides that a county recorder may sell bulk form copies of recorded documents to bulk users.
Date Action 01/11/2007 S: 1st Reading Assigned Local Government and Elections
P SB0402 Exclusion of inventory from property tax. (Dillon) Digest Converts the 100% property tax deduction for inventory to an exemption by excluding inventory from the definition of personal property subject to the property tax. Deletes references to inventory as taxable personal property. Repeals property tax credits and exemptions applicable to inventory. Makes related changes.
Date Action 01/11/2007 S: 1st Reading Assigned Tax and Fiscal Policy
P SB0406 Tax abatement corrections. (M. Young) Digest Provides a procedure, for the various types of property tax abatement, to correct an erroneous understatement of an assessed value deduction by the application of a separate deduction after the regular abatement schedule expires.
Date Action 01/30/2007 S: Committee Sched 9:00 a.m. Room 431 Tax and Fiscal Policy
P SB0412 Social Security number disclosures. (Hershman) Digest Allows a state agency to disclose a Social Security number of an individual to: (1) a person that a state, local, or federal agency has contracted with to perform the duties and responsibilities of the state, local, or federal agency; or (2) a person that the state agency has entered into a contract with if the disclosure is necessary to perform the contract and the contract contains adequate safeguards against disclosure. Allows an individual to provide consent to a state agency to release the individual's Social Security number: (1) by electronic transmission; and (2) by providing the consent to a person other than the state agency if the consent expressly authorizes the state agency to release the Social Security number. Allows a state agency to release an individual's Social Security number to a private attorney if: (1) the state agency has contracted the attorney creating an attorney-client relationship with the state agency; and (2) the disclosure is necessary for the private attorney to provide legal representation to the state agency. Specifies hat the statement on a recorded instrument regarding redaction of Social Security numbers must be located at the conclusion of the instrument and below the name of the person who prepared the instrument.
Date Action 02/22/2007 S: Amendment #2 (Hershman), prevailed; Voice Vote
P SB0413 Deputy prosecuting attorneys. (Zakas) Digest Allows the prosecuting attorney of a judicial circuit of the first or second class to appoint one additional deputy prosecuting attorney whose salary is paid by the state. Provides that such an appointment may not be made if the prosecuting attorney may already appoint one or more additional deputy prosecuting attorneys because certain department of correction or other state facilities are located in the county.
Date Action 01/16/2007 S: 1st Reading Assigned Judiciary
P SB0414 Absentee voting. (Errington) Digest Permits a voter who is qualified to vote in person to vote by absentee ballot. Removes all other qualifications for a voter to vote by absentee ballot except for a voter with disabilities who is unable to make a voting mark on the ballot or sign the absentee ballot secrecy envelope. (Such a disabled voter is currently required to vote before an absentee voter board.)
Date Action 01/11/2007 S: 1st Reading Assigned Local Government and Elections
P SB0416 Filing for property tax deductions. (R. Young, Dembowski) Digest Provides for consistent application filing deadlines for property tax deductions.
Date Action 02/13/2007 S: Co Sponsor Added Dennie Oxley II
P SB0426 Sales tax increment funding for tourism. (Simpson) Digest Establishes the tourism supplemental revenue fund to be administered by the office of tourism development. Provides that money in the fund may be used by the office for the promotion and development of tourism in Indiana. Requires the department of state revenue (department) to require retail merchants to report on all sales and use tax returns an industry code listed in the North American Industry Classification System Manual to allow the department to classify certain merchants as tourism related merchants. For all calendar years beginning after December 31, 2008, and ending before January 1, 2020, requires the auditor of state to transfer from those funds receiving sales and use tax collections to the tourism supplemental revenue fund an amount equal to the lesser of: (1) 10% of the difference between the sales and use taxes collected from tourism related merchants in the previous calendar year, minus those taxes collected from tourism related merchants in the calendar year ending December 31, 2007; or (2) the amount deposited in the tourism supplemental fund in the immediately preceding calendar year plus $3,000,000.
Date Action 01/11/2007 S: 1st Reading Assigned Tax and Fiscal Policy
P SB0430 Local option tax distributions after annexation. (Gard) Digest Adjusts the formulas for distribution of revenue from the county adjusted gross income tax, the county option income tax, and the county economic development income tax to reduce the share of a municipality that annexes territory.
Date Action 02/06/2007 S: Committee Sched 9:00 a.m. Room 431 Tax and Fiscal Policy
P SB0431 Confined feeding operations. (Gard) Digest Defines "applicant" and "responsible party" for purposes of confined feeding control statutes. Specifies that confined feeding control statutes apply to both confined feeding operations (CFOs) and concentrated animal feeding operations (CAFOs). Establishes good character disclosure requirements for CFOs and CAFOs. Allows the department of environmental management to review and act on disclosed good character information. Sets fees for CFOs and CAFOs and eliminates separate NPDES permit fees for CAFOs. Requires the state chemist to adopt rules relating to the use of fertilizer material and the distribution and storage of bulk commercial fertilizers. Makes conforming amendments.
Date Action 02/20/2007 S: Committee Action Pass(10-0) Tax and Fiscal Policy
P SB0432 Environmental fees. (Gard, Broden) Digest Modifies various environmental fees.
Date Action 02/19/2007 S: 2nd Reading Order Engrossed
P SB0433 Environmental remediation. (Gard, Dvorak) Digest Broadens permissible uses of the environmental remediation revolving loan fund. Increases from 10% to 50% the amount of money available in the fund that may be loaned by the Indiana finance authority (authority) to any one political subdivision in a state fiscal year. Allows the authority to: (1) undertake activities to make private environmental insurance products available to encourage and facilitate the cleanup and redevelopment of brownfield properties; (2) enter into agreements with political subdivisions for various purposes related to environmental investigation and remediation; and (3) provide services to and collect fees from any person in connection with financial assistance, liability clarification, and technical assistance. Requires the deposit of fee revenue in the fund. Provides governmental immunity to the authority with respect to investigation and remediation of brownfields under agreements with political subdivisions. Allows redevelopment commissions to enter into agreements with the authority and to carry out environmental investigation and remediation. Provides that no activity of a political subdivision related to investigation or remediation on a brownfield site will be considered to contribute to the contamination at the site unless caused by gross negligence or willful misconduct. Provides that a nonprofit corporation that supports a political subdivision is not liable to the state for certain environmental remediation costs and damages unless the corporation causes or contributes to the environmental contamination. Makes technical corrections.
Date Action 02/06/2007 S: Co Sponsor Added David Alan Wolkins
P SB0434 Retirement of manufactured home titles. (Weatherwax, Fry) Digest Requires a person who owns a manufactured home that is personal property, not held for resale, or not attached to real estate by a permanent foundation to obtain a certificate of title for the manufactured home. (Current law requires a certificate of title for manufactured homes whether owned as personal property or real property.) Requires an application for: (1) a certificate of title; or (2) an affidavit of transfer to real estate; to include certain identification numbers, if available. Provides that the bureau of motor vehicles (bureau) may issue a certificate of title or an affidavit of transfer to real estate even if the numbers are not available. Specifies that certain persons are not required to apply for an affidavit of transfer to real estate to convert a manufactured home to real property. Provides that a certificate of title or certificate of origin is not required to apply for an affidavit of transfer to real estate. Provides that the bureau may adopt rules to require additional information in an application for a certificate of title. Repeals and relocates a provision requiring an affirmation of correctness by an applicant for a certificate of title. Requires the bureau to adopt rules concerning the issuance of an affidavit to transfer a manufactured home to real estate. Provides that the filing of an affidavit of transfer of real estate is not required to convert a manufactured home to real estate.
Date Action 02/06/2007 S: Co Sponsor Added Jacqueline Walorski Swihart
P SB0435 Public safety communications systems districts. (Wyss, R. Young) Digest Allows any county to adopt an ordinance creating a public safety communications systems and computer facilities district. (Current law provides for districts in only Marion County and Elkhart County.)
Date Action 02/20/2007 S: Committee Action Pass Amend(7-3) Homeland Security, Transportation & Veterans Affairs
P SB0438 Indiana election commission. (Delph) Digest Designates the secretary of state as the state's chief election official for all purposes. Provides that the secretary of state serves as a member and the chair of the election commission. Provides that the election division is administered by a director, who serves at the pleasure of the secretary of state. Abolishes the current co-director positions. Specifies that the election division staff must include an assistant director nominated by the chairman of the political party whose candidate received the second highest number of votes for secretary of state at the most recent election for that office. Removes provisions requiring the consent of the co-directors of the election division for state administration and implementation of the Help America Vote Act. Makes technical changes. Repeals obsolete statutes relating to the co-directors of the election division.
Date Action 01/11/2007 S: 1st Reading Assigned Local Government and Elections
P SB0440 Voting rights of a person convicted of a felony. (Delph) Digest Provides that a person who is convicted of a felony after June 30, 2007, is not eligible to vote or register to vote until the person is no longer incarcerated, on parole, or under court supervision. Requires the county department, office, or agency supervising or responsible for the placement of a person convicted of a felony to notify the county voter registration office of the conviction and placement of the person.
Date Action 01/11/2007 S: 1st Reading Assigned Local Government and Elections
P SB0443 Property tax circuit breaker. (Delph) Digest Eliminates the 2% assessed value property tax circuit breaker credit after 2007. Provides a property tax credit equal to the amount by which a property taxpayer's property tax liability exceeds 102% of the property tax liability imposed in the preceding year. Corrects an incorrect reference to a date. Indicates that any reduction in collections due to the property tax credit does not relieve a political subdivision from the requirement of fully funding the payment of debt service or lease rentals. Makes other related changes.
Date Action 01/11/2007 S: 1st Reading Assigned Tax and Fiscal Policy
P SB0444 Property tax deductions. (Riegsecker, Klinker) Digest For property taxes payable in 2008 and thereafter, increases the assessed value limitations for the deduction for persons at least 65 years of age and certain veterans deductions.
Date Action 02/06/2007 S: Co Author Added Jeff Drozda
P SB0446 Paper record for voting systems. (Broden) Digest Requires that a voting system permit a voter to examine the paper record of the voter's votes to verify the voter's votes. Provides that after a voter has verified the votes on the paper record, the paper record is the official record of the votes.
Date Action 01/11/2007 S: 1st Reading Assigned Local Government and Elections
P SB0447 Concentrated animal feeding operation construction. (Paul) Digest Establishes a three-year moratorium on the start of construction of concentrated animal feeding operations.
Date Action 01/29/2007 S: Committee Sched Upon Adjournment Room Senate Chamber Energy and Environmental Affairs
P SB0448 Coroner reasonable care. (Paul) Digest Requires a coroner to exercise reasonable care in providing a climate controlled environment to retard decomposition of a human body in the coroner's custody.
Date Action 02/20/2007 S: Committee Action Pass(7-0) Corrections, Criminal, and Civil Matters
P SB0452 Enhanced 911 and emerging technologies. (Wyss, R. Young, Stevenson) Digest Provides that in the event of a dispute concerning a request for a connection to enhanced wireless 911 systems or equipment leased or otherwise provided by a person to a public safety answering point (PSAP), the utility regulatory commission shall determine the terms and conditions for the connection. Requires the regulatory flexibility committee to study the revision of the Indiana statute governing enhanced wireless 911 systems to include Internet Protocol enabled services and other emerging technologies. Requires the committee to report any recommendations resulting from its study to the legislative council not later than December 1, 2007.
Date Action 02/19/2007 S: Co Sponsor Added Matt Bell
SB0457 Verification of withholding exemptions. (Riegsecker) Digest Requires an employer to verify that an employee is entitled to claim adjusted gross income tax withholding exemptions for more than four individuals. Provides that unless an employer knows an employee's representations are false, the requirement for an employer to verify any additional withholding exemptions claimed by an employee is met if the employer obtains for each additional individual for whom the employee claims a withholding exemption a copy of any document specified in the statute, including a driver's license or Social Security card. Provides that an employee's submission of a false or fictitious document to an employer for the purpose of claiming more withholding exemptions than the employee is entitled to claim is a Class A misdemeanor. Provides that if an employer determines that an employee has provided false information, the employer shall notify the employee that the employee may be committing a Class A misdemeanor.
Date Action 02/22/2007 S: Amendment #1 (Riegsecker), prevailed; Voice Vote
P SB0458 Environmental civil penalties. (Dillon) Digest Prohibits the department of environmental management from imposing a civil penalty on a state agency or political subdivision for violating an environmental law if: (1) the state agency or political subdivision has commenced substantial steps to correct the violation; and (2) the violation committed by the state agency or political subdivision was not an intentional, willful, or criminal act or a violation of a requirement for which the department has previously issued a notice or warning of violation to the state agency or political subdivision, for this or a prior violation, to correct the violation.
Date Action 02/20/2007 S: Committee Report amend do pass, adopted
P SB0460 Undertaking for bail. (Bray, R. Meeks) Digest Provides that an undertaking for bail expires 36 months after the date it is posted for the release of a defendant from custody if a court does not make an adjudication concerning the defendant during the 36 month period. Specifies that a surety is not liable on an undertaking that expires after this 36 month period.
Date Action 01/11/2007 S: 1st Reading Assigned Judiciary
P SB0461 Office of geographic information. (Ford, Reske) Digest Provides that the state data center shall develop and maintain the Indiana map, an electronic map of Indiana. Provides that the state data center shall provide public access to Indiana map data, except for data that the governor designates as a security risk. Provides that the state data center shall serve as the state names authority for Indiana under federal law. Establishes the electronic map maintenance fund.
Date Action 02/20/2007 S: Sponsor Added Scott Reske
P SB0462 Riverboat economic development agreements. (R. Meeks, Jackman) Digest Provides that the gaming commission has continuous jurisdiction over riverboat economic development agreements. Establishes reporting requirements for the recipients of incentive payments under the agreements.
Date Action 01/11/2007 S: 1st Reading Assigned Commerce, Public Policy, and Interstate Cooperation
P SB0464 Missing persons. (Sipes) Digest Requires a law enforcement agency that receives a report of a missing person to take certain steps to locate the missing person, and requires a coroner having custody of unidentified human remains to take certain steps to attempt to identify the remains. Makes other changes.
Date Action 01/16/2007 S: 1st Reading Assigned Judiciary
P SB0468 Protection of transportation corridors. (Landske) Digest Establishes notice and hearing procedures for the Indiana department of transportation to establish rights-of-way for additions to the state highway system.
Date Action 01/11/2007 S: 1st Reading Assigned Homeland Security, Transportation & Veterans Affairs
P SB0483 Public safety response fees. (Drozda) Digest Prohibits political subdivisions, local law enforcement agencies, and fire departments from imposing or collecting: (1) an accident response service fee; (2) a fee for a run, a call, an investigation, or another dispatch of personnel by a law enforcement agency; or (3) a fee for a run, a call, an investigation, or another dispatch of apparatus or personnel by a fire department for fire protection services. Provides that this restriction does not prohibit a fee for ambulance services, a fee for emergency medical services, a false alarm fee or service charge, or a fee for a hazardous materials emergency.
Date Action 01/18/2007 S: 1st Reading Assigned Local Government and Elections
P SB0492 Voter deception. (Breaux) Digest Provides that a person who knowingly or intentionally deceives another person regarding: (1) the date, time, place, or manner of an election; or (2) the qualifications for a voter or restrictions on voter eligibility at the election; commits a Class D felony.
Date Action 01/18/2007 S: 1st Reading Assigned Corrections, Criminal, and Civil Matters
P SB0494 Methamphetamine precursor sales information. (Skinner) Digest Requires the criminal justice institute to seek federal funds to establish and operate a methamphetamine precursor data base pilot project. Specifies that the pilot project must connect persons who: (1) sell a drug that contains the active ingredient of ephedrine or pseudoephedrine; and (2) record drug sales information in an electronic log under current law; to an electronic monitoring system that transfers the drug sales information to a central data base at the same time the drug sales information is recorded in the electronic log. Limits the pilot project to six counties. Allows only certain law enforcement officers to have access to information in the central data base. Requires persons who must collect and record sales information concerning drugs that contain ephedrine or pseudoephedrine in a paper or an electronic log to collect and record the information until June 30, 2012, instead of June 30, 2008.
Date Action 01/18/2007 S: 1st Reading Assigned Judiciary
P SB0499 Sex offender fees. (Steele, Heinold) Digest Permits a county to adopt: (1) an annual sex offender registration fee that does not exceed $50; and (2) a sex offender address change fee that does not exceed $5. Provides that 90% of each fee is deposited in the county sex offender administration fund, and 10% of each fee is transferred to the state for deposit in the state sex offender administration fund. Specifies that the funds are to be used for expenses related to the operation of the Indiana sex offender registry.
Date Action 01/18/2007 S: 1st Reading Assigned Corrections, Criminal, and Civil Matters
P SB0500 Tax procedure and administration changes. (Kenley, Kuzman) Digest Restricts a sales tax exemption available under current law for an electric utility that purchases distribution equipment or transmission equipment. Restricts a sales tax exemption available under current law for a hotel or a restaurant that purchases electricity, water, gas, or steam. Restricts a sales tax exemption available under current law for an aircraft lessor that purchases an aircraft for rental or leasing. Provides for a graduated sales and use tax collection allowance for a retail merchant. Specifies conditions under which a professional tax return preparer must file client returns electronically. Decreases various periodic tax liability thresholds at which taxpayers are required to make tax payments by electronic fund transfer from $10,000 to $5,000. Provides that a tax payment made by electronic fund transfer is considered made on the date the taxpayer issues the payment order for the electronic fund transfer. Provides for the accrual of interest at the rate of 6% per annum on inheritance tax refunds that are not processed within 90 days by the department of state revenue. Increases the cigarette stamp discount to distributors from 1.2% to 2.523%. Provides that when a taxpayer claiming a refund requests a hearing on the claim, the department of state revenue must be hold the requested hearing. Repeals a provision of the sales tax statute that requires certain out-of-state merchants making sales to customers in Indiana to register as retail merchants and remit sales and use tax. Provides a state sales tax exemption for transactions involving tangible personal property or services acquired by the National Football League or a professional football team to facilitate the league's holding of or the team's participation in a qualified football championship event. Provides that an entity may claim the exemption only if, before acquiring the property or service, the entity applies for and receives from the department of state revenue a state gross retail tax exemption certificate. Provides that an account owner of a college choice 529 education savings plan must repay a portion of a tax credit if any non-qualified withdrawal is made from the plan. Includes as non- qualified withdrawals any withdrawals made from an account that is terminated within 12 months after the account is opened, rollovers to another qualified tuition program under Section 529 of the Internal Revenue Code that is not a college choice 529 education savings plan account, and other withdrawals that do not meet the requirements of a qualified withdrawal. Provides a limited use tax exemption for an aircraft that is titled or registered in another state or country and is temporarily brought to Indiana to be repaired, refurbished, remanufactured, or subjected to a prepurchase evaluation. Expands the limited sales tax exemption under current law for a transaction involving an aircraft to include transactions in which the aircraft that is purchased by a nonresident remains in Indiana for up to 30 days after the aircraft is repaired, refurbished, or remanufactured. Expands the exemption from the aircraft registration requirements under the aircraft license excise tax statute for a nonresident who bases an aircraft with a dealer while the aircraft is being repaired, remodeled, or refurbished to include aircraft that are based with a person that has been issued a repair station certificate by the Federal Aviation Administration. Provides that a retail merchant may verify that the sale of property used or consumed in providing public transportation is exempt from sales tax by obtaining certain information from the purchaser. Allows a retail merchant that sold property to a person that used or consumed the property in providing public transportation to verify that the sale was exempt from sales tax by using the information contained in form ST-135 for the transaction. Provides that the penalty for underpayment of estimated corporate income tax is assessed only on the lesser of: (1) the difference between the actual amount paid by the corporation and 20% of the corporation's final tax liability for the taxable year; or (2) the difference between the actual amount paid by the corporation and 25% of the final tax liability for the corporation's previous taxable year. (Under current law, the penalty is assessed on the difference between the actual amount paid by a corporation on its estimated return and 25% of the corporation's final adjusted gross income tax liability for the taxable year.) Provides that these changes apply to taxable years beginning after December 15, 2007. Specifies that the rate of interest paid by the department of state revenue on excess tax payments must be the same as the rate of interest paid by a taxpayer for failing to pay the full amount of tax by the due date for a tax return. Makes technical corrections.
Date Action 02/20/2007 S: Co Sponsor Added P. Eric Turner
SB0503 Healthier Indiana insurance program. (Becker, Miller, C. Brown) Digest Establishes the healthier Indiana insurance program and the healthier Indiana insurance trust fund. Provides that the office of Medicaid policy and planning may not enroll applicants, approve any contracts to provide services or administer the program, incur costs other than those necessary to study and plan for the program, or create financial obligations for the state unless: (1) there is a specific appropriation from the general assembly to implement the program; and (2) after review by the budget committee, the budget agency approves an actuarial analysis that determines sufficient funding is reasonably estimated to be available to operate the program for at least the following eight years. Makes funding changes to the hospital care for the indigent program, the municipal disproportionate share program, and the Medicaid indigent care trust fund. Requires the Indiana comprehensive health insurance association to provide, and referred program participants to participate in, medical management services. Requires the office of Medicaid policy and planning to apply to the United States Department of Health and Human Services for a demonstration waiver to develop and implement the healthier Indiana insurance program to cover certain individuals.
Date Action 02/20/2007 S: Co Sponsor Added Tim Brown
P SB0510 Property tax levies. (Riegsecker) Digest Increases a civil taxing unit's maximum permissible property tax levy based on the net increase in assessed value that results from new construction.
Date Action 01/23/2007 S: Committee Report amended, reassigned Tax and Fiscal Policy
P SB0518 Eligibility for elderly property tax deduction. (Drozda) Digest Increases from $144,000 to $175,000 the assessed valuation limitation for the residential real property tax deduction for certain individuals at least 65 years of age.
Date Action 01/23/2007 S: 1st Reading Assigned Tax and Fiscal Policy
P SB0523 Vote by mail. (Broden) Digest Provides that all elections held in Indiana after December 31, 2008, shall be held by mail except as otherwise provided by law. Requires the census data advisory committee to prepare legislation for introduction in the 2008 session to make appropriate changes in statutes to provide for conducting all elections in Indiana by mail.
Date Action 01/23/2007 S: 1st Reading Assigned Local Government and Elections
P SB0530 Coroners. (Kruse, Weatherwax) Digest Increases the coroners continuing education fee to $1.75 and raises the fee by $0.25 in 2013 and every five years thereafter. Provides that a coroner shall file a certificate of death with a county health department within 72 hours after the completion of a death investigation. Removes a provision allowing a coroner to employ the services of the medical examiner system. Changes knowingly or intentionally failing to notify a coroner or law enforcement agency of the discovery of the body of a person who died from violence or in an apparently suspicious, unusual, or unnatural manner from a Class B infraction to a Class A misdemeanor. Makes it a Class D felony for a person, without the permission of a coroner or a law enforcement officer, to knowingly or intentionally alter the scene of death of a person who has died from violence or in an apparently suspicious, unusual, or unnatural manner (current law provides that it is a Class D felony if a person moves or transports the body). Defines "autopsy" for purposes of the law requiring the coroner of one county to bill another county for the costs of an autopsy under certain circumstances. Requires a coroner to follow the Uniform Anatomical Gift Act concerning organ and tissue procurement. Repeals provisions: (1) allowing a coroner to issue a warrant for the arrest of an individual whom the coroner is charging with a felony; and (2) requiring a coroner or a coroner's representative to attend meetings of the commission on forensic sciences when invited.
Date Action 02/22/2007 S: Committee Report amend do pass, adopted
P SB0538 State spending limit. (Hume, Weatherwax, Drozda) Digest Limits increases in state expenditures to an amount based on the increase in inflation and population. Allows the general assembly to authorize additional spending through adoption of a concurrent resolution. Establishes the property tax elimination fund to receive certain state revenues that exceed the spending limit, and provides that the fund is to be used to pay for any distribution or expenditure that was previously funded in whole or in part by property tax revenue.
Date Action 02/13/2007 S: Committee Sched 9:00 a.m. Room 431 Tax and Fiscal Policy
P SB0543 Residential rental property tax credit. (Lanane) Digest Provides a property tax credit to owners of residential rental property in the amount of 10% of the residential rental property owner's property tax liability. Provides that the residential rental property tax credit is funded through the property tax replacement fund.
Date Action 01/23/2007 S: 1st Reading Assigned Tax and Fiscal Policy
P SB0545 Paper record for voting machines. (Hume) Digest Requires that a voting system permit a voter to examine the paper record of the voter's votes to verify the voter's votes. Provides that after a voter has verified the votes on the paper record, the paper record is the official record of the votes. Appropriates $8 million from the state general fund to the election administration assistance fund to assist counties to comply with this requirement.
Date Action 02/14/2007 S: Committee Sched Upon Adjournment of Local Gov't & Elections Comm. Room 130 Elections and Redistricting Subcommittee
P SB0550 Revised Uniform Anatomical Gift Act. (Becker, Miller, Welch) Digest Repeals the Uniform Anatomical Gift Act (current act) and replaces it with the Revised Uniform Anatomical Gift Act. Keeps language from the current act concerning: (1) anatomical gifts to specified donees and the amendment or revocation of these gifts; (2) individuals or entities that may petition a probate court to determine whether an individual has made an anatomical gift or revoked an anatomical gift; (3) hospitals inquiring whether patients are, or would like to be organ donors; and (4) certain immunities regarding anatomical gifts. Provides that if a prospective organ donor has a declaration or an advance health care directive, hospitals must use measures necessary to allow a procurement agency to determine the medical suitability of an organ by insuring that life support is not withdrawn before consultation with the procurement agency. Requires a coroner to cooperate with a procurement organization to maximize the opportunity to recover anatomical gifts. Requires a coroner to document why a postmortem examination occurred outside of a compatible period. Makes it a Class A misdemeanor if an individual, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document that expresses, makes an amendment to, or refuses a gift of organs, tissues, eyes or body part intended to be used in research or in transplants. Makes conforming amendments.
Date Action 02/22/2007 S: Co Sponsor Added Suzanne Crouch
P SB0552 Pretrial release information. (Drozda) Digest Requires the clerk of a court that has jurisdiction over persons who have been charged with a crime but released from custody to: (1) prepare a record containing certain information about the persons; (2) update the record on a quarterly basis and an annual basis; and (3) post a copy of the record in the clerk's office. Requires the clerk to submit to the Indiana criminal justice institute quarterly reports and annual summary reports that contain certain information about persons charged with a crime but released from custody. Requires the Indiana criminal justice institute to make reports submitted to the institute available for public inspection and copying during regular office hours. Requires the clerk to: (1) collect a fee of $5 from each person who has been charged with a crime but released from custody; and (2) deposit the fee in the clerk's record perpetuation fund.
Date Action 01/23/2007 S: 1st Reading Assigned Judiciary
P SB0555 Tax sales. (Broden) Digest Provides a procedure for searching the records for an alternative mailing address when service of notice of an order for the sale of property for delinquent property taxes is initially unsuccessful. Eliminates an obsolete reference to the dates when a tax sale must be held. Reduces the period before a tax sale may be conducted when property has been offered at sales without success. Limits the circumstances under which a tax sale purchaser may terminate the purchase before conclusion and receive a refund of part of the purchase price. Requires reinstatement and collection of any remaining delinquencies after the terminated purchase. Prohibits a tax sale purchaser who fails to make payment and complete the sale from participating in the next succeeding tax sale in the county. Permits a tax sale to be conducted by electronic means. Provides that any civil penalty collected because a purchaser fails to pay the bid must be deposited in the county general fund and not the common school fund. Requires a purchaser of property at a tax sale to certify certain additional costs that must be paid by a redeeming property owner not earlier than 30 days after the tax sale. Requires pleadings and motions related to a defense to a judgment and order of sale to be served on the county auditor and county treasurer. Permits a county before August 1, 2007, to use the expedited sale procedures repealed by HEA 1102-2006 for property that failed to sell at a tax sale conducted before 2007.
Date Action 02/22/2007 S: 2nd Reading Order Engrossed
P SB0566 Medicaid claims and psychiatric facility funding. (Dillon, C. Brown) Digest Requires an insurer to accept a Medicaid claim for services provided a Medicaid recipient for three years after the date the service was provided. Specifies the circumstances in which a Medicaid claim may not be denied by an insurer. States that notice requirements may be satisfied by electronic or mail submission (current law provides only for certified or registered mail). Requires an insurer to accept the state's right of recovery and assignment of certain rights as required by federal law. Adds alternative settings to the definition of children's psychiatric residential treatment services.
Date Action 02/13/2007 S: Co Sponsor Added Tim Brown
P SB0570 Confined feeding operations. (Jackman) Digest Provides that local ordinances adopted after May 15, 2007, regulating confined feeding operations may not exceed the requirements of confined feeding control statutes and rules.
Date Action 01/29/2007 S: Committee Sched Upon Adjournment Room Senate Chamber Energy and Environmental Affairs
P SB0574 Innocence review commission; interrogations. (Bowser) Digest Requires state and local law enforcement agencies to electronically record custodial interrogations of suspects during felony investigations. Requires the agencies to retain copies of custodial interrogations for certain periods. Provides that any statements made by a suspect that are in violation of the custodial interrogation requirements are inadmissible in a felony prosecution against the suspect. Provides for certain exceptions. Establishes the innocence review commission ("commission") to consider claims of individuals convicted of a felony who assert: (1) complete innocence of criminal responsibility for the felony; and (2) credible, verifiable evidence of innocence that was not previously considered at trial or in a hearing for post-conviction relief. Provides that if the commission votes that an individual has a claim of factual innocence, the state public defender shall file a petition for post-conviction relief on the individual's behalf.
Date Action 01/23/2007 S: 1st Reading Assigned Corrections, Criminal, and Civil Matters
P SB0575 Property tax credits. (Hume, Skinner) Digest Provides that the homestead credit does not apply to the extent that the assessed value of the homestead exceeds $300,000. Limits the application of the state property tax replacement credit with respect to taxes imposed by civil taxing units on residential, commercial, and industrial real property parcels with high assessed valuations. Directs the department of local government finance to determine the savings to the state property tax replacement fund resulting from those changes, and to apply the savings to increase property tax replacement credit payments to school corporations.
Date Action 01/23/2007 S: 1st Reading Assigned Tax and Fiscal Policy
P SB0580 Various election matters. (Breaux) Digest Requires the polls in each precinct to close at 9 p.m. rather than 6 p.m. on election day. Provides that the time at which half-day precinct election officers change is 1:30 p.m. rather than noon on election day. Allows the county election board to count during its canvass absentee ballots that are: (1) received after noon and before the time the polls close on election day; or (2) overlooked by a precinct election board. Makes conforming amendments.
Date Action 01/23/2007 S: 1st Reading Assigned Local Government and Elections
P SJR0002 Coroners. (Miller) Digest Provides that the general assembly may prescribe by law additional qualifications for the office of coroner. This proposed amendment has not been previously agreed to by a general assembly. (The introduced version of this bill was prepared by the interim study committee on criminal justice matters.)
Date Action 02/22/2007 S: Committee Report do pass, adopted
P SJR0003 Next generation trust fund. (Bray, Delph, Buck) Digest Establishes the Next Generation Trust Fund (fund) with a principal of at least $500 million. Provides that the principal of the fund may not be decreased below $500,000,000. Requires the general assembly to provide by law for the custody and investment of the fund principal. Provides that the general assembly may appropriate the interest and other income derived from the fund (and principal in excess of $500,000,000) only for the provision of highways, roads, and bridges for the benefit of the people of Indiana and the users of those facilities. Provides that on June 30 following approval of the amendment to establish the fund, the fund consists of the balance in the statutory next generation trust fund. Provides that if the balance in the statutory next generation trust fund is less than $500,000,000, the difference shall be transferred from the state general fund or from other sources provided by law. This proposed amendment has not been previously agreed to by a general assembly.
Date Action 02/12/2007 S: Co Sponsor Added Terri Jo Austin
P SJR0005 Military and overseas voters. (Lawson, Pierce) Digest Provides that the general assembly may extend the right to vote to an individual who: (1) is the child of an individual who is a registered Indiana voter; and (2) currently resides outside the United States; if the individual meets all of the constitutional qualifications for a voter other than residence in an Indiana precinct.
Date Action 02/01/2007 S: Co Sponsor Added Kathy Kreag Richardson
P SJR0012 State of Indiana concerning courts and court officers. (Boots) Digest Provides that the supreme court, the court of appeals, a circuit court, or another court established by the general assembly may not issue a mandate, an order, or another writ requiring the state or a political subdivision of the state to expend money for the operation of any court of the state. This proposed amendment has not been previously agreed to by a general assembly.
Date Action 01/11/2007 S: 1st Reading Assigned Judiciary
P SJR0015 Constitution of the State of Indiana concerning taxation. (Hume, Weatherwax, R. Young) Digest Amends the Constitution of the State of Indiana to prohibit the taxation of property for the support of the common schools, except for costs related to transportation and capital projects. This proposed amendment has not been previously agreed to by a general assembly.
Date Action 01/11/2007 S: 1st Reading Assigned Tax and Fiscal Policy
P SJR0016 Elimination of authority to impose property taxes. (Hume, Miller, Weatherwax) Digest Adds Article 10, Section 10.5 of the Constitution to prohibit the imposition of ad valorem property taxes by the general assembly or a political or municipal corporation. Strikes out Article 10, Section 1 (authorization to impose property taxes) and Article 13, Section 1 (municipal debt limitation based on the taxable value of property). Makes a conforming amendment to Article 8, Section 2. Establishes the effective date and requires the General assembly to provide by law revenue to pay after property tax collections are terminated obligations of a political or municipal corporation in Indiana to which the corporation pledged property tax revenue. This proposed amendment has not been previously agreed to by a general assembly.
Date Action 02/13/2007 S: Committee Sched 9:00 a.m. Room 431 Tax and Fiscal Policy
P SR0005 Study creating a judicial tax levy. (Kruse) Digest A SENATE RESOLUTION urging the legislative council to assign to the Commission on State Tax and Financing Policy the subject of studying the feasibility of creating a judicial tax levy.
Date Action 01/25/2007 S: 2nd Author Added Ryan D. Mishler