AIC Master Bill Track
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Run Time: Friday, Feb-06-2009, 09:40 AM
HB1001 Budget bill. (Crawford) Bill Tracks: Sarah, Andrew, David
Digest
Makes technical changes to definitions related to the budget bill.
Date Action
01/12/2009 H: 1st Reading Assigned Ways and Means HB1011 Regulation of firearms during an emergency. (Koch) Bill Tracks: Andrew, Commissioners, Public Safety
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
01/22/2009 H: Co Author Added Jacqueline Walorski HB1024 Family leave for smaller employers. (Day) Bill Tracks: Sarah, Administration
Digest
Allows an employee who works for an employer that employs at least 20 employees but not more than 49 employees to take up to eight work weeks of unpaid family leave to be with the employee's child or spouse for prenatal preparations or for the birth, adoption, serious illness, or injury of the employee's child, or the illness or injury of the employee's parent or spouse. Provides that an employee must work at least 30 hours per week to be eligible for family leave. Provides that an employer is not required to grant family leave to an employee who is among the highest paid 10% of employees. Requires an employer to notify an employee of the denial of family leave. Protects an employee's employment and benefit rights. Requires the commissioner of labor to enforce these provisions.
Date Action
02/05/2009 H: Co Author Added Mara Candelaria Reardon HB1031 Local option sales tax. (Wolkins) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Provides that a municipality may levy a local option gross retail tax of 1% of retail sales occurring in the municipality if the office of tourism development certifies the municipality as an outstanding Indiana tourist destination. Provides that a municipality that levies the local option gross retail tax may use the local option gross retail tax revenue for any lawful purpose. Provides that the department of state revenue shall maintain several data bases of local sales tax data associated with the local option gross retail tax, in accordance with the requirements of the Streamlined Sales and Use Tax Agreement.
Date Action
01/07/2009 H: 1st Reading Assigned Ways and Means HB1052 Paramedic licensing. (T. Brown) Bill Track: Public Safety
Digest
Establishes the paramedic board to license paramedics instead of the certification of paramedics by the emergency medical services commission. Sets qualifications and requirements for a licensed paramedic. Makes it a Class B misdemeanor to practice as a paramedic without a license. Grandfathers in certain requirements. Makes conforming changes.
Date Action
02/03/2009 H: Co Author Added Scott Reske HB1057 Collective bargaining for public employees. (Kersey) Bill Tracks: David, Administration
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 these strikes.
Date Action
02/03/2009 H: Committee Report do pass, adopted HB1058 Residence information on state income tax forms. (Cherry) Bill Track: Andrew
Digest Requires the department of state revenue to include on the individual income tax return a place for a taxpayer to identify the city or town, if any, where the taxpayer resides. Requires the department of state revenue to provide this information to the legislative services agency upon a written request and the agency's agreement to maintain its confidentiality.
Date Action
02/05/2009 H: Co Author Added Scott Pelath HB1067 Public works projects. (Torr) Bill Tracks: David, Commissioners, Administration
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
01/07/2009 H: 1st Reading Assigned Labor and Employment HB1070 Redistricting commission. (Torr) Bill Tracks: Sarah, Andrew, David
Digest
Establishes a redistricting commission to create, hold hearings on, take public comment about, and recommend plans to redraw general assembly districts and congressional districts. Requires the legislative services agency (agency) to provide staff and administrative services to the commission. Establishes standards to govern the commission and the agency in the creation of redistricting plans. Provides that a person employed by the agency or under contract with the agency may not knowingly or intentionally use political data in the creation or evaluation of a redistricting plan. Provides that a person may not knowingly or intentionally solicit, aid, induce, or cause a person employed by the agency or under contract with the agency to use political data in the creation or evaluation of a redistricting plan. Makes a violation of these restrictions a Class D felony. Provides that if the Constitution of the State of Indiana does not require the general assembly to establish legislative districts, the commission's recommendations for legislative and congressional districts become the plans that define those districts. Provides that, if the Constitution so requires, the general assembly must meet and enact redistricting plans before October 1 of a redistricting year. Authorizes the general assembly to convene in a session to act on redistricting bills at times other than the times the general assembly is currently authorized to meet. Repeals the current law relating to congressional redistricting. Appropriates from the state general fund the amounts necessary to pay the expenses of implementing the statute.
Date Action
01/07/2009 H: 1st Reading Assigned Rules and Legislative Procedures HB1079 Payments in lieu of taxes. (Grubb) Bill Tracks: Andrew, Finance/Tax/Assess Digest
Requires the department of natural resources (DNR) beginning in 2012 to make a semiannual payment in lieu of property taxes (PILOT) for parcels of land that: (1) consist of at least 100 acres; (2) are owned or leased by the DNR; (3) used as a state park; and (4) are subject to an exemption from property taxes. Allows a county and a conservancy district in which land owned by the DNR is located to collect a PILOT. Provides that for purposes of calculating a PILOT, the land is considered to have an assessed value of 1/3 of the statewide agricultural land value base. Establishes the PILOT transfer account within the state general fund. Appropriates from the state general fund to the PILOT transfer account the amount necessary to make required distributions to counties and conservancy districts.
Date Action
01/12/2009 H: Co Author Added Eric Koch HB1083 Ballot order in municipal elections. (Barnes) Bill Tracks: Clerks, Sarah, Elections
Digest
Requires that the municipal offices of an excluded city or a town located in a county containing a consolidated city be located on the ballot above or before the candidates for mayor of the consolidated city. Makes technical changes.
Date Action
01/29/2009 H: Co Author Added Michael B. Murphy HB1087 Military survivor exemption from licensing fees. (Hinkle) Bill Tracks: Andrew, Auditors, Administration
Digest
Provides that the surviving spouse or child of an honorably discharged veteran is entitled to obtain a vending and peddling license on the same terms that would apply to the veteran, including a waiver of the license fee. Requires documentation showing that the veteran (or the surviving spouse or child of the veteran) has at least a 51% ownership interest in the entity operating under the license before the license fee is waived. Repeals a provision that exempts a county having a consolidated city from the veterans' fee exemption.
Date Action
01/16/2009 H: 1st Reading Assigned Local Government HB1094 Valuation date for assessments. (Grubb) Bill Tracks: Andrew, Assessors, Finance/Tax/Assess
Digest
Requires that real property be valued for property tax assessment purposes as of the assessment date. Provides that a notice of assessment or reassessment, statement concerning estimated tax liabilities, and property tax bill must include certain information concerning assessment appeals including a notice that an appeal requires evidence relevant to the true tax value of the taxpayer's property as of the assessment date that is the basis for the estimated taxes payable on that property. Voids rules and guidelines that require assessing officials to value real property on a date that is different from the assessment date to which the value applies. Provides an exemption to the deadlines specified by law for the adoption of certain rules and certain other actions in order to bring the rules and actions into conformity with the change in valuation date.
Date Action
02/03/2009 H: Committee Report amend do pass, adopted HB1095 Limit on real property assessment increases. (Steuerwald) Bill Tracks: Andrew, Assessors, Finance/Tax/Assess
Digest
Limits the annual increase in the gross assessed value of real property to 10% unless the increase results from a factor that would have increased the assessed value even if neither an annual assessment adjustment nor a general assessment applied.
Date Action
01/12/2009 H: Co Author Added Eric Koch HB1096 Mortgage deduction application. (Barnes) Bill Tracks: Andrew, Auditors, Finance/Tax/Assess
Digest
Provides that a sales disclosure form properly filed by the purchaser of a residence constitutes an application for the mortgage deduction and property tax standard deduction.
Date Action
02/03/2009 H: Co Author Added Ed Delaney HB1099 Various election matters. (Tincher) Bill Tracks: Clerks, Sarah, Elections
Digest
Provides that identification issued by an approved Indiana postsecondary educational institution that has no expiration date or an indefinite expiration date is acceptable proof of identification to vote. Provides that a voter casting an absentee ballot before an absentee voter board in the office of the circuit court clerk or at a satellite office: (1) is entitled to receive assistance in casting a ballot if the voter is a voter with disabilities or is unable to read or write English; and (2) is permitted to vote if the voter is in the process of casting a ballot or is waiting to vote at the hour at which voting is designated to end.
Date Action
02/05/2009 H: Committee Report amend do pass, adopted HB1103 Indiana worker preference on public works projects. (Tincher) Bill Tracks: David, Commissioners, Administration Digest
Establishes the goal that public works contracts be awarded to a contractor that: (1) employs residents of Indiana as at least 80% of the employees working on the contract; and (2) enters into subcontracts with subcontractors that employ residents of Indiana as at least 80% of the employees working on the contract. Applies this goal to contracts entered into by the public works division of the department of administration, any state agency or commission entering into a public works contract, the commission governing the ports of Indiana, the department of transportation, and units of local government. Provides that if a contractor cannot meet the goal's standards for contractors, the contractor must provide information as to why the contractor cannot meet the standards. Requires the commissioner of the department of administration to prepare an annual report for the public and the legislative council stating, for the contractors awarded public works contracts by the state and the subcontractors with which these contractors entered into subcontracts, the percentage of the contractors' and subcontractors' employees working on the public works contracts who are residents of Indiana.
Date Action
01/21/2009 H: Co Author Added Nancy Ann Michael HB1104 Fire protection territory levies. (Tincher) Bill Tracks: Andrew, Public Safety, Finance/Tax/Assess
Digest
Restores for one year (for the March 1, 2009, assessment date) an exemption from property tax levy limits for civil taxing units participating in a fire protection territory established after December 31, 2005, and before January 1, 2008.
Date Action
01/08/2009 H: 1st Reading Assigned Ways and Means HB1105 PERF vesting for local elected officials. (Tincher) Bill Tracks: Clerks, Surveyors, Recorders, Coroners, Assessors, David, Auditors, Treasurers, Council, Commissioners, Administration
Digest
Reduces from ten years to eight years the period required for an elected official of a county, city, town, or township to vest in the public employees' retirement fund. (Current law allows a county clerk, auditor, recorder, treasurer, sheriff, or coroner to vest in eight years.)
Date Action
01/13/2009 H: 1st Reading Assigned Ways and Means HB1108 Roadside memorials. (Tincher) Bill Tracks: Andrew, Transportation
Digest
Requires the department of transportation (INDOT) to erect uniform roadside memorials to memorialize the victims of fatal vehicular traffic accidents. Requires a local governmental unit that erects memorials to conform to the standards of INDOT.
Date Action
01/08/2009 H: 1st Reading Assigned Roads and Transportation HB1110 Liability for inadequate drainage. (Ruppel) Bill Tracks: Surveyors, Sarah, Env/Land Use
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
01/08/2009 H: 1st Reading Assigned Rules and Legislative Procedures HB1114 Septic tanks and sewer systems. (Cheatham) Bill Tracks: Sarah, Env/Land Use
Digest
Provides that the Indiana department of environmental management (IDEM) may not require a county to join or form a regional sewage district to provide sewer service to an unincorporated area of the county unless IDEM determines that the population density of the unincorporated area exceeds the minimum population density at which property owners in an unincorporated area of the county may be required to discontinue septic system use. Requires the legislative body of a county that contains unincorporated areas to adopt an ordinance establishing the minimum population density at which property owners in an unincorporated area of the county may be required to discontinue septic system use. Provides that a regional sewage district may not require a property owner to connect to a sewer system if the property is: (1) located in an unincorporated area; and (2) served by a septic system that is, as determined by local health department, functioning satisfactorily.
Date Action
01/08/2009 H: 1st Reading Assigned Environmental Affairs HB1118 Partition fences. (Dodge) Bill Tracks: Andrew, Administration
Digest
Provides that property owned by the state or a political subdivision of the state is not exempt from partition fence construction and maintenance claims under certain property tax exemptions.
Date Action
02/10/2009 H: Committee Sched 9:30 AM Room 156 B Local Government HB1123 School zone and signs. (Cherry) Bill Tracks: Andrew, Commissioners, Public Safety
Digest Authorizes a city, county, or town to establish speed limits for schools located on streets or highways under the jurisdiction of the city, town, or county. Requires that, after June 30, 2011, there must be: (1) a sign at or as near as practical to the point where a school zone begins, indicating the reduced speed limit for the school zone; and (2) a sign at the end of the school zone indicating: (A) the speed limit for the section of highway that follows the school zone; or (B) the end of the school zone.
Date Action
02/04/2009 H: Committee Action Pass Amend(12-0) Roads and Transportation HB1142 Child support payments. (Grubb) Bill Tracks: Clerks, Sarah, Courts
Digest
Provides that a court may permit child support payments to be made directly to the person entitled to receive payments if the court finds that the person entitled to receive payments and the payor agree that support payments should be made directly to the person entitled to receive payments. Prohibits the clerk of the circuit court or the state central collection unit from charging any fees for any services concerning child support. Makes a technical correction.
Date Action
01/12/2009 H: 1st Reading Assigned Family, Children and Human Affairs HB1146 Allen circuit court. (Pond) Bill Track: Andrew
Digest
Allows the judge of the Allen circuit court to appoint a second full-time magistrate. Removes the judge's authority to appoint a hearing officer: (1) who has the powers of a magistrate; and (2) whose salary is paid by the county.
Date Action
01/14/2009 H: 1st Reading Assigned Courts and Criminal Code HB1147 Local control of consumer fireworks. (Pond) Bill Tracks: David, Commissioners, Public Safety
Digest
Authorizes a county, city, or town to adopt an ordinance limiting or prohibiting the sale or use of consumer fireworks within the jurisdiction of the county, city, or town, with certain restrictions.
Date Action
01/12/2009 H: 1st Reading Assigned Rules and Legislative Procedures HB1155 Tax abatements. (Pryor) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Provides that the determination of the metropolitan development commission in Marion County to provide a property tax abatement for real property must be approved by the city-county council if the abatement is for a facility at which the estimated average salary of the employees whose jobs are being created or saved by the redevelopment or rehabilitation of the real property is, after excluding the salaries of the ten highest paid individuals employed at the facility, less than the median salary paid in the county as published annually by the United States Bureau of Labor Statistics.
Date Action
02/05/2009 H: Committee Report amend do pass, adopted HB1160 Removal of property from tax sale. (Dobis) Bill Tracks: Andrew, Auditors, Finance/Tax/Assess
Digest
For tax sales after June 30, 2009, and before July 1, 2010, removes real property (other than real property classified as industrial property under the rules of the department of local government finance) from the tax sale and cancels penalties and costs if delinquent taxes and special assessments are paid before the sale.
Date Action
01/13/2009 H: 1st Reading Assigned Ways and Means HB1162 Environmental permits and local governments. (Tyler) Bill Tracks: David, Econ. Dev., Env/Land Use
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
02/04/2009 H: Committee Action Pass Amend(11-0) Environmental Affairs HB1169 Ownership date for property tax benefits. (Tyler) Bill Tracks: Andrew, Auditors, Finance/Tax/Assess
Digest
For 2007 property taxes payable in 2008, provides that an individual may qualify for the homestead credit and the standard deduction regardless of whether the individual owned the homestead or was buying the homestead under a contract on March 1, 2007.
Date Action
01/12/2009 H: 1st Reading Assigned Ways and Means HB1182 County jail health care reimbursement rate. (Blanton) Bill Tracks: Andrew, Public Safety, Finance/Tax/Assess Digest
Specifies the reimbursement requirement for health care services provided to certain county prisoners.
Date Action
02/10/2009 H: Committee Sched 9:30 AM Room 156 B Local Government HB1197 PERF vesting period. (Crawford) Bill Tracks: David, Administration
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.
Date Action
01/22/2009 H: Co Author Added Thomas E. Saunders HB1199 Uniform county innkeeper's tax. (Dembowski) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Extends the uniform county innkeeper's tax to the rental of campsites in a campground.
Date Action
01/13/2009 H: 1st Reading Assigned Agriculture and Rural Development HB1211 Recall of elected and appointed officials. (C. Brown) Bill Tracks: Clerks, Surveyors, Recorders, Coroners, Sarah, Andrew, Assessors, David, Auditors, Treasurers, Council, Commissioners, Administration
Digest
Establishes a procedure for the recall of a person who holds a state, legislative, local, or school board office (other than a justice, judge, or prosecuting attorney) or who is appointed to an office of the state or a political subdivision. Requires that a recall petition must be signed by at least 10% of the registered voters in the jurisdiction served by the official (or at least 10% of the total vote in the last election for secretary of state if the official holds an elected state office). Removes an officeholder if: (1) at least 60% of the votes cast; or (2) a majority of the registered voters in the election district; vote for the recall. Specifies that a commissioner of a police and fire merit commission may be removed by the recall procedure existing under current law.
Date Action
01/12/2009 H: 1st Reading Assigned Rules and Legislative Procedures HB1212 Nonpartisan school board elections. (C. Brown) Bill Tracks: Clerks, Sarah
Digest
Provides standards for election of the members of the governing body of a school corporation on a nonpartisan basis. Provides that a candidate who violates the standards and is elected may be removed from office. Provides that a political party may not directly or indirectly campaign for or against a candidate for election to the governing body. Provides that a political party that violates this prohibition is subject to a civil penalty.
Date Action
01/13/2009 H: 1st Reading Assigned Rules and Legislative Procedures HB1213 Smoking ban in public places. (C. Brown) Bill Tracks: Andrew, Administration
Digest
Prohibits smoking in: (1) public places; (2) enclosed areas of a place of employment; and (3) certain state vehicles. Requires the alcohol and tobacco commission to enforce the prohibition. Makes it a Class B infraction to violate the smoking prohibition and a Class A infraction if the person has three unrelated prior offenses. Repeals the current clean indoor air law that prohibits smoking in public buildings.
Date Action
02/04/2009 H: Committee Sched 9:00 AM Room House Chamber Public Policy HB1215 Trauma care hospital fund. (C. Brown) Bill Track: Public Safety
Digest
Creates the trauma care hospital fund to be administered by the state department of health to assist in funding a trauma care system in Indiana. Includes funds from additional court fees for certain motor vehicle violations, registration fees, and driver's license fees. (The introduced version of this bill was prepared by the health finance commission.)
Date Action
02/03/2009 H: Committee Action Pass Amend(21-3) Ways and Means HB1220 Exempts gasoline purchases from sales tax. (Pearson) Bill Tracks: David, Commissioners, Finance/Tax/Assess, Transportation, Highway/Engineer
Digest
Eliminates the gross retail tax (sales tax) on gasoline.
Date Action
01/21/2009 H: Co Author Added Dennie Oxley HB1221 Voter assistance. (Bartlett) Bill Tracks: Clerks, Sarah, Elections
Digest
Establishes in the election division an office of voter assistance (office) headed by a director appointed by the election commission. Requires the office to undertake activities to reduce impediments to voting and counting votes cast, including conducting statewide audits, establishing an advisory commission, recommending changes in election law or practices, providing educational materials, and maintaining a voter hotline and web site. Allows a county election board to appoint a local voter advocate to assist voters, maintain a local voter hotline, and report to the office after each election concerning complaints received, provisional ballots cast, counted, and not counted, sustained ballot challenges, voter registration and proof of identification problems, and other impediments to voting or counting votes cast.
Date Action
01/12/2009 H: 1st Reading Assigned Elections and Apportionment HB1222 Notice to voters of provisional ballots. (Bartlett) Bill Tracks: Clerks, Sarah, Elections Position: Oppose
Digest
Requires the circuit court clerk of a county that conducts an election in which a voter casts a provisional ballot or an absentee ballot that is treated as a provisional ballot to notify the voter not later than three days after election day concerning: (1) the reasons that the voter's ballot is being treated as a provisional ballot; (2) the actions that the voter must take in order to have the voter's ballot counted; (3) the deadline by which the voter must act to have the voter's ballot counted; and (4) the name, job title, address, and telephone number of an individual whom the voter may contact for additional information. Requires that the notice be sent by first class United States mail or given by another method that the circuit court clerk determines will provide actual notice to the voter. Requires the notice to be in a form prescribed by the election commission.
Date Action
01/12/2009 H: 1st Reading Assigned Elections and Apportionment HB1223 Electronic voter registration card. (Bartlett) Bill Tracks: Clerks, Sarah, Elections Position: Oppose
Digest
Requires a county voter registration office, after December 31, 2011, to issue to each voter a voter registration card with the voter's name, address, precinct name, polling place address, and voter identification number stored in an electronically readable format. Requires that a voting system used in an election conducted after December 31, 2011, be capable of recognizing whether an individual who presents an electronic voter registration card at a polling place is: (1) by the individual inserting or swiping the card, an individual who is entitled to vote at the polling place; and (2) by the voting system's use of a biometric or another identification method approved by the election commission, the individual to whom the card was issued. Provides that an electronic voter registration card is an acceptable proof of identification for voting.
Date Action
01/12/2009 H: 1st Reading Assigned Elections and Apportionment HB1229 Marion County government. (Hinkle) Bill Track: Andrew Digest
Specifies that after December 31, 2010, the controller of Indianapolis, rather than the Marion County auditor, is: (1) responsible for accounting, payroll, revenue and tax distributions, and maintenance of property records for all city and county departments, offices, and agencies; and (2) responsible for the issuance of warrants for payments from county and city funds. Transfers to the Marion County treasurer certain powers and duties of the Marion County auditor concerning property tax assessment, property tax collection, tax sales, filing of deduction and exemption applications, preparation of the tax duplicates, and carrying out duties related to petitions, remonstrances, and referenda on controlled projects. Provides that in determining the compensation of the county auditor for 2011 and thereafter, the city- county council shall consider the reduced duties and responsibilities of the county auditor.
Date Action
01/12/2009 H: 1st Reading Assigned Rules and Legislative Procedures HB1230 Publication of notices. (Hinkle) Bill Tracks: Andrew, Auditors, Commissioners, Administration
Digest
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. Eliminates the requirement that a city publish the ordinance setting the salaries of elected city officers. Requires the disclosure in the annual report of a city or town and the annual abstract of receipts and expenditures of a county of the total payment made to each vendor paid more than $2,500, except that this disclosure need not 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 all political subdivisions with a budget of at least $300,000 and the power to levy a tax to publish an annual report (if not required under any other statute to publish an annual report) of: (1) the receipts and expenditures of the political subdivision, including the salaries of officers, deputies, and employees if the salary exceeds a certain amount; and (2) the total payment made to each vendor paid more than $2,500, except that this disclosure need not exceed 200 vendors. Requires a school corporation to publish a listing of positions that receive extracurricular salaries or stipends for school activities that exceed $1,000. Allows the officers of a political subdivision publishing notice to publish in only one newspaper in the political subdivision (instead of two newspapers), if only one newspaper is published in the political subdivision. Allows a newspaper or qualified publication to increase the basic publication charges that were in effect during the previous year by an amount equal to the lesser of: (1) the average of the annual percentage change in the consumer price index for the preceding two years; or (2) the maximum annual percentage increase in the spending of political subdivisions for the year under any spending cap limit enacted into law. Requires public notice advertisements to be in at least 7 point type. Requires a sheriff to publish notice of a mortgage foreclosure sale in at least two newspapers (instead of one newspaper) in each county where the real estate is located, unless only one newspaper is published in a county. Eliminates the requirement that counties publish claims (except for court allowances) before payment. (Current law does not require municipalities to follow this procedure.) Makes conforming amendments. Date Action
01/12/2009 H: 1st Reading Assigned Local Government HB1234 County executives and legislative bodies. (Moses) Bill Tracks: Sarah, Andrew, David, Council, Commissioners, Administration, Elections
Digest
Permits a county to reorganize its executive and legislative structure and powers so that all executive authority is exercised by a single elected county executive and all legislative and fiscal powers are exercised by the county council. Provides that the county council in a reorganized county consists of seven members, four elected from districts and three elected at large (except for Lake County and St. Joseph County, in which county councils would remain as constituted under current law). Provides that a reorganization may be adopted if: (1) the county executive adopts an ordinance (in Lake County or St. Joseph County, if an ordinance is adopted as required by law for either of those counties) to reorganize the county executive and legislative powers or a specified number of voters sign a petition for reorganization; and (2) the reorganization is approved by the voters of the county. Provides that a reorganization can be approved only in an even-numbered year. Provides that if the county's voters vote in favor of the public question, the first single member county executive would be elected at the second general election that is held after the general election at which the voters approve the reorganization. Provides for transition from a three member county executive to the single member county executive. Provides that if a county adopts a single county executive form of government, the county council rather than the county executive is responsible for redistricting the county council. (In Lake County, the county redistricting commission would continue to redistrict county council districts.) Provides that the only reason that county council districts may be changed after the first redistricting after a decennial census is to conform the districts to statutory requirements.
Date Action
01/12/2009 H: 1st Reading Assigned Government and Regulatory Reform HB1235 Poll closing time. (Bartlett) Bill Tracks: Clerks, Sarah, Elections Position: Oppose
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. Makes conforming amendments.
Date Action
02/05/2009 H: Committee Report amend do pass, adopted P HB1243 County surveyor training. (Reske) Bill Tracks: Surveyors, Sarah
Digest
Requires an individual elected to the office of county surveyor after June 30, 2009, to complete at least 24 hours of training related to land surveying within one year after taking office.
Date Action
02/05/2009 H: Committee Report amend do pass, adopted HB1254 Energy savings contracts. (Thompson, Lawson, Deig) Bill Tracks: David, Commissioners, Finance/Tax/Assess, Env/Land Use
Digest
Provides that the maximum term of a guaranteed energy cost savings contract or utility efficiency program is 20 years. (Current law provides for maximum terms of 10 and 15 years.)
Date Action
02/02/2009 H: Sponsor Added Robert J. Deig HB1263 Martinsville food and beverage tax. (Foley) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Allows the city of Martinsville to continue after December 31, 2015, to initiate projects funded by food and beverage tax revenues.
Date Action
01/13/2009 H: 1st Reading Assigned Ways and Means HB1264 Morgan County innkeeper's tax. (Foley) Bill Tracks: Andrew, David, Commissioners, Finance/Tax/Assess
Digest
Allows Morgan County to establish a 5% innkeeper's tax to fund parks and recreation projects, including providing matching grants.
Date Action
01/13/2009 H: 1st Reading Assigned Ways and Means HB1266 Explanation to voters of provisional ballots. (Avery) Bill Tracks: Clerks, Sarah, Elections Position: Oppose
Digest
Requires a precinct election officer, in the case of a voter who casts a provisional ballot, or an absentee voter board, in the case of a voter who casts an absentee ballot that is treated as a provisional ballot, to provide both orally and in writing an explanation of the steps the voter must take in order to have the voter's ballot counted. Requires the election commission to prescribe the form of the explanation.
Date Action
02/04/2009 H: Committee Sched 3:30 PM Room 156 A Elections and Apportionment HB1273 Local major moves construction funds. (Pelath) Bill Tracks: David, Commissioners, Public Safety, Transportation, Highway/Engineer Digest
Adds providing police and fire protection and public mass transportation to the list of permissible uses of a local major moves construction fund.
Date Action
01/13/2009 H: 1st Reading Assigned Roads and Transportation HB1274 Loans and gifts between political subdivisions. (Pelath) Bill Tracks: Andrew, Auditors, Treasurers, Commissioners, Finance/Tax/Assess
Digest
Authorizes a political subdivision to invest in the obligations of another political subdivision that is located in any part in the same county. Permits a county, city, town, or township to grant or loan money to another political subdivision that is located in any part of the same county for any purpose of the county, city, town, or township making the grant or loan or the political subdivision receiving the grant or loan.
Date Action
01/13/2009 H: 1st Reading Assigned Local Government HB1278 Water nuisances. (M. Smith) Bill Tracks: Surveyors, Sarah, Env/Land Use
Digest
Provides that a person who unreasonably improves the person's land and causes an increased or altered flow of diffused surface water onto the land of another person is liable for the damages caused by the unreasonable increased flow of water. Permits a person whose land is damaged by the altered flow of diffused surface water to bring an action to abate or enjoin the unreasonable improvement that caused the altered flow of water. Specifies that: (1) this law does not limit the availability of other civil remedies for damages caused by water; and (2) to the extent that this law conflicts with the common enemy doctrine, the common enemy doctrine is abrogated.
Date Action
02/04/2009 H: Committee Sched 3:30 PM Room 156 B Natural Resources HB1279 Amending personal property tax returns. (M. Smith) Bill Tracks: Andrew, Assessors, Finance/Tax/Assess
Digest
Extends the filing period for an amended personal property tax return from six months to 12 months.
Date Action
01/13/2009 H: 1st Reading Assigned Ways and Means HB1280 State budget and spending information on Internet. (Welch) Bill Track: Andrew Digest
Requires the auditor of state, working with the office of technology, to develop and maintain an Internet web site detailing all state expenditures by state agencies. Requires state agencies to provide information to the auditor of state and to develop links on agency Internet web sites to the auditor's expenditure Internet web site.
Date Action
01/13/2009 H: 1st Reading Assigned Ways and Means HB1285 Various gaming matters. (VanHaaften, Becker, Deig) Bill Track: Rodney
Digest
Specifies that the gaming commission may require an individual to submit the individual's Social Security number in the course of an investigation. Requires licensed owners, operating agents, permit holders, and applicants to submit a proposed power of attorney to the gaming commission. Provides that the power of attorney must designate a trustee to operate the principal's riverboat or slot machine facility on behalf of the principal if certain events occur. Provides that the gaming commission must approve the trustee and the powers delegated to the trustee in the power of attorney. Specifies the conditions under which the trustee may conduct gambling operations on a riverboat or at a racetrack. Consolidates licensing requirements for riverboat and slot machine facility suppliers. Increases the suppliers' initial license fees and annual renewal fees from $5,000 to $7,500. Transfers duties concerning the gaming integrity fund from the gaming commission to the horse racing commission. Provides that a unit that receives county slot machine wagering fee revenue shall establish a fund, separate from the unit's general fund, into which the revenue shall be deposited. Provides that county slot machine wagering fee revenue (as well as riverboat gaming revenue, under current law), may be donated to a public school endowment corporation or a charitable nonprofit community foundation under certain conditions.
Date Action
02/03/2009 H: Sponsor Added Robert J. Deig HB1303 Exemption of certain real property from tax sales. (V. Smith) Bill Tracks: Andrew, Auditors, Finance/Tax/Assess
Digest
Provides that: (1) real property (other than real property classified as industrial property under the rules of the department of local government finance) may not be sold at a tax sale after June 30, 2009, and before July 1, 2010; and (2) penalties and costs relating to the tax sale are not due on the real property; if all delinquent taxes and special assessments on the real property are paid before the tax sale.
Date Action
01/13/2009 H: 1st Reading Assigned Ways and Means HB1310 Transfer on death deed. (Goodin) Bill Tracks: Recorders, Sarah, Administration 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. Specifies the rights and duties of designated beneficiaries. Requires the grantor's death certificate and other documents to be filed with the county recorder after the death of the grantor.
Date Action
01/13/2009 H: 1st Reading Assigned Judiciary HB1312 Smoking ban in park recreation areas. (Day) Bill Tracks: David, Commissioners, Administration
Digest
Prohibits smoking in certain recreational locations in a public park owned or operated by a governmental unit. Provides penalties for smoking in a prohibited area. Requires the person in charge of the area to post signs, request persons who are smoking to refrain from smoking, and remove violators who fail to refrain from smoking.
Date Action
01/16/2009 H: 1st Reading Assigned Public Policy HB1326 Precinct election officers. (M. Smith) Bill Tracks: Clerks, Sarah, Elections Position: Support
Digest
Provides that any precinct election officer may ask a voter to show proof of identification.
Date Action
02/11/2009 H: Committee Sched 3:30 PM Room 156 A Elections and Apportionment HB1328 Custodial interrogation recording. (L. Lawson) Bill Tracks: David, Public Safety, Sheriff
Digest
Provides that a statement made by a defendant during a custodial interrogation conducted by a state or local law enforcement agency is inadmissible as evidence (subject to certain exceptions) in a felony prosecution unless a video recording of the statement was made and other requirements are met. Requires law enforcement agencies to retain copies of custodial interrogation recordings for certain periods.
Date Action
01/13/2009 H: 1st Reading Assigned Judiciary HB1329 Public safety officer survivor insurance. (L. Lawson) Bill Tracks: David, Council, Commissioners, Public Safety Digest
Requires the employer of a public safety officer who dies in the line of duty to provide and pay for health coverage for the officer's survivors.
Date Action
01/13/2009 H: 1st Reading Assigned Veterans Affairs and Public Safety HB1330 Lake superior court county division. (L. Lawson) Bill Tracks: Andrew, David, Courts
Digest
Provides for the four judges of the Lake superior court county division to be: (1) nominated by the Lake County superior court judicial nominating commission and appointed by the governor; and (2) subject to the question of retention or rejection by the Lake County electorate every six years. (Current law provides that the judges of the Lake superior court county division are elected by the electorate of Lake County every six years.) Repeals provisions concerning elected judges of the county division. Makes conforming amendments. (The introduced version of this bill was prepared by the commission on courts.)
Date Action
01/29/2009 H: Co Author Added John Day HB1331 Body armor for police officers. (L. Lawson, Wyss, Arnold) Bill Tracks: David, Commissioners, Public Safety, Sheriff
Digest
Provides that a city, county, or town (unit) shall provide an active member of the police department of the unit with body armor for the torso (armor). Requires a unit to replace armor according to the replacement period recommended by the manufacturer of the armor. Makes technical corrections. Makes a conforming amendment. Provides that a unit cumulative capital improvement fund may be used to purchase body armor for active members of a police department.
Date Action
02/03/2009 H: Sponsor Added Jim Arnold HB1336 Immunity for off-road vehicle operation. (Grubb) Bill Tracks: David, Administration
Digest
Provides that a governmental entity or an employee of a governmental entity acting within the scope of the employee's employment is not liable if a loss results from the operation of an off-road vehicle on a public highway in a county road system outside the corporate limits of a town.
Date Action
02/04/2009 H: Committee Sched 10:30 AM Room 156 D Roads and Transportation HB1341 Eliminating Marion County townships. (Hinkle) Bill Tracks: Sarah, Andrew, David
Digest
Abolishes in Marion County, effective January 1, 2011, the offices of township trustee and township board, and transfers all other township duties and responsibilities, including township assistance, cemetery maintenance, weed control, and parks and recreation, to the county. Requires the mayor of the consolidated city to appoint a coordinator of social services to: (1) estimate the amount necessary to meet the cost of township assistance in the county for taxes first due and payable after 2010; and (2) administer township assistance on a countywide basis. Requires the department of workforce development, the county office of the division of family resources, and any other state and local government agency to cooperate with the coordinator in providing assistance. Provides that a transfer of duties between the townships and the county results in the transfer of property, equipment, records, rights, contracts (including labor contracts), and indebtedness. Establishes maximum property tax levies for the county payable in 2011 that reflect the transfer of all township responsibilities to the county. Provides that, after 2010, the monthly distributive shares of county option income taxes that would be distributed to a township for which township government is abolished shall instead be distributed as additional distributive shares to Indianapolis/Marion County. Replaces the nine Marion County township small claims courts with five Marion County small claims courts on January 1, 2011. Abolishes the office of township small claims court constable on January 1, 2011. Requires the mayor of Indianapolis to appoint the five judges of the Marion County small claims courts for six year terms. Provides that, at the general election in November 2011, voters of the included towns may vote on a public question regarding whether their included town should be abolished and the duties and powers of the town transferred to the consolidated city. Provides that on January 1, 2011, the fire departments of each township in Marion County are consolidated into the Indianapolis Fire Department. Provides that a firefighter who is a member of the 1937 or 1977 fund remains a member of the same fund after the consolidation. Provides that a fire consolidation transition advisory group is established in the county having a consolidated city. Requires the advisory group to do the following: (1) Develop a strategic plan to determine resource requirements and resource deployments for the consolidated fire department. (2) Submit recommendations to the executive of the consolidated city and the city-county council regarding the consolidation of fire departments. (3) Take steps as necessary to assist the consolidation of fire departments. Requires the executive of the consolidated city to update the strategic plan at least once every three years. Specifies that after December 31, 2010, the consolidated fire department shall be designated as the metropolitan fire department. Provides that the employees of a fire department that is consolidated into the fire department of the consolidated city cease employment with the township fire department and, subject to approval of the executive of the consolidated city, become employees of the consolidated fire department on January 1, 2011. Provides that a transfer of duties between units of government results in the transfer of property, equipment, records, rights, contracts (including labor contracts), and indebtedness. Provides that in the case of a township that consolidates its fire department, any amounts transferred by the township from the township's rainy day fund to the consolidated city shall be used by the consolidated city as follows: (1) The consolidated city shall first use the transferred money to pay any outstanding indebtedness of the township from which the money was transferred. (2) The remaining part of the transferred money shall be used to pay the outstanding indebtedness of other townships that consolidate fire departments. (3) If money remains after carrying out these purposes, the remaining part of the transferred money shall be used as specified by ordinance of the legislative body of the consolidated city. Exempts from the property tax levy limits any amounts imposed by the consolidated city or the county to fund former township indebtedness. Provides that the maximum levy of a consolidated city for property taxes first due and payable in 2011 is the sum of: (1) the maximum levy of the consolidated city for property taxes first due and payable in 2011; plus (2) the amount equal to the combined property tax levies for property taxes first due and payable in 2010 for fire protection and related services for each entity that consolidates its fire department. Specifies that: (1) the maximum property tax rate imposed for fire protection and related services in a consolidating entity for property taxes payable in 2011 and 2012 may not exceed (but may be less than) the property tax rate imposed for fire protection and related services in the consolidating entity for property taxes payable in 2010; and (2) the property tax rate imposed for fire protection and related services by the consolidated city in 2013 and thereafter shall be a uniform rate. Provides for adjustments in maximum levies to account for the transfer of other township duties. Provides that a township located in a county containing a consolidated city may not after July 1, 2009, transfer or expend from the township's rainy day fund more than 1% of the balance in that rainy day fund (as of July 1, 2009) in any 12 month period without approval of the fiscal body of the county containing the consolidated city. 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 is transferred to the consolidated city's cumulative building and equipment fund for fire protection and related services. Specifies that after December 31, 2009, a county containing a consolidated city may establish a cumulative firefighting building and equipment fund and may impose a property tax levy for the fund beginning with property taxes first due and payable after December 31, 2010. Provides that a township assistance transition advisory group is established in Marion County. Specifies that the advisory group consists of the mayor (or the mayor's designee), who shall chair the advisory group, and the trustee of each of the townships in the county. Requires the advisory group to: (1) submit recommendations concerning the transition of responsibility for township assistance; and (2) take steps as necessary to assist the transition. Specifies that if the assessed valuation of a public library is entirely contained within a city or town, the public library shall submit its proposed budget and levy to the city or town fiscal body (rather than to the county council) for review and approval. Specifies that if the assessed valuation of a taxing unit with an unelected governing body is entirely contained within an excluded city or town in Marion County, the governing body of the taxing unit shall submit its proposed operating and maintenance budget and tax levies to the city or town fiscal body (rather than to the city-county legislative body) for approval. Makes conforming amendments. Repeals provisions concerning the nine Marion County township small claims courts.
Date Action
01/13/2009 H: 1st Reading Assigned Government and Regulatory Reform HB1344 Administration of property tax deductions. (Pryor) Bill Tracks: Andrew, Auditors, Treasurers, Finance/Tax/Assess
Digest
Provides that a county auditor may request a list of landlords and addresses for single family dwellings being rented under a housing program administered under the Indiana housing and community development authority law or being rented through township assistance. Requires an application for a property tax standard deduction to include: (1) the last five digits of the applicant's Social Security number and the last five digits of the Social Security number of the applicant's spouse; and (2) information concerning any other location where the applicant or the applicant's spouse owns, is buying on contract, or has a beneficial interest in residential property. Requires sales disclosure forms, closing agent forms, and property tax bills to include information concerning the consequences of claiming more than one standard deduction and the procedures and deadlines for terminating a standard deduction. Requires homestead owners to verify each year that their property is their principal place of residence. Establishes other filing requirements for a property tax standard deduction that are similar to the filing requirements that applied to homestead credit applications. Allows legal entities whose sole owner is the individual residing in a homestead to claim the standard deduction. Provides that a county treasurer may apply a property tax deduction or homestead credit on a provisional tax statement and requires deductions and credits to be applied if a provisional statement is used two consecutive years. Provides that deductions and credits are removed from property when a tax statement is returned with an expired forwarding order. Imposes a civil penalty of $100 for each year a person wrongly takes a property taxdeduction or credit. Provides that the county auditor shall prepare and send a notice of taxes due when a deduction is wrongly claimed. Permits a county auditor to use delinquent taxes, interest, and penalties collected in response to the termination of a standard deduction to pay for the costs of discovering erroneously granted standard deductions and for other expenses of the office of the county auditor. Makes other changes to reconcile differences in the law related to the enactment of HEA 1001- 2008 and HEA 1293-2008.
Date Action
01/13/2009 H: 1st Reading Assigned Ways and Means HB1346 First responder right to vote. (Pearson) Bill Tracks: Clerks, Sarah, Elections Position: Support
Digest
Provides that a member of the military or public safety officer may vote an absentee ballot by mail. Provides that a member of the military or public safety officer who has signed the poll list and is called from the polls before voting to respond to an emergency in the voter's capacity as a member of the military or public safety officer is entitled to return to the polls and vote upon execution of an affidavit.
Date Action
02/05/2009 H: 2nd Reading Order Engrossed HB1350 Lobbyist activity reports. (Dvorak) Bill Tracks: Sarah, Andrew, David
Digest
Requires a lobbyist to file monthly activity reports listing the expenditures and gifts that equal ten dollars or more in one day, or that together total more than $50 during the calendar year, if the expenditures and gifts are made by the lobbyist or the lobbyist's agent to benefit: (1) a member of the general assembly; (2) an officer of the general assembly; (3) an employee of the general assembly; or (4) a member of the immediate family of any of these persons. Requires the information reported on the monthly activity reports to be compiled and totaled on the semiannual activity reports. Reduces from $100 to $10 the minimum reportable amount of a single gift that a legislator or a candidate for the general assembly must report on the statement of economic interests. Reduces from $250 to $100 the amount of aggregate annual gifts that a legislator or a candidate for the general assembly must report on the statement of economic interests. Requires the lobby registration commission to impose a penalty of $50 per day for each day a lobbyist's activity report is late up to a maximum of $5,000 per report. (Under current law the penalty is $10 per day up to a maximum of $100 per report.) Provides that a function to which the entire general assembly is invited must be reported as a lobbying expense. Requires the lobby registration commission to make statements, reports, and other documents filed with the commission available for public inspection in a searchable data base on the commission's website. Provides that a person who knowingly or intentionally makes a false report under the lobbyist registration statute commits a Class D felony.
Date Action
01/13/2009 H: 1st Reading Assigned Rules and Legislative Procedures HB1353 Employee personal leave. (Dvorak) Bill Tracks: David, Administration
Digest
Provides that certain employees of certain employers are entitled to take: (1) 40 hours of paid leave; and (2) 16 hours of unpaid leave; in a 12 month period.
Date Action
01/13/2009 H: 1st Reading Assigned Labor and Employment HB1357 Restrictions on public benefits to illegal aliens. (Noe) Bill Tracks: Andrew, Commissioners, Administration
Digest
Prohibits a state agency or political subdivision from providing federal, state, or local public benefits to an individual who is not: (1) a United States citizen; or (2) a qualified alien under the federal Immigration and Nationality Act who is lawfully present in the United States. Requires a state agency or political subdivision to 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 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 or qualified alien lawfully present in the United States; (2) verify the lawful presence of certain individuals through the Systematic Alien Verification of Entitlements (SAVE) program; and (3) report errors and significant delays in the SAVE program. Requires a state agency to provide an annual report with respect to the agency's compliance with the verification requirements. Provides that: (1) a state agency or political subdivision may provide variations of the verification of lawful presence requirements; and (2) an individual who makes a false, fictitious, or fraudulent statement of representation in an affidavit verifying lawful presence commits a Class D felony.
Date Action
01/13/2009 H: 1st Reading Assigned Interstate and International Cooperation HB1358 Eligibility for purchasing property at tax sales. (Sullivan) Bill Tracks: Andrew, Auditors, Administration
Digest
Applies restrictions on purchasing real property at a tax sale to a person who owns a fee interest, a life estate interest, or the equitable interest of a contract purchaser in a vacant or abandoned structure subject to an enforcement order concerning a nuisance or an unsafe building.
Date Action
02/10/2009 H: Committee Sched 9:30 AM Room 156 B Local Government HB1359 School board elections at general election time. (Sullivan) Bill Track: Clerks Position: Support
Digest
Provides that school board members selected by election must be elected at general elections. Repeals obsolete statutes.
Date Action
01/13/2009 H: 1st Reading Assigned Elections and Apportionment HB1363 Waiver of certain court fees and court costs. (VanHaaften) Bill Tracks: Clerks, Sarah, Courts
Digest
Provides that if a person brings a civil action or petition for the appointment of a guardian, a clerk of a court may waive the payment of required fees or other court costs by the person without court approval if: (1) the person is represented by an attorney who is employed by a civil legal aid program or who is serving as a pro bono attorney; and (2) the attorney files a statement with the clerk that seeks relief from paying the required fees or other court costs and is accompanied by an approved affidavit of indigency.
Date Action
02/05/2009 H: Co Author Added Gregory W. Porter HB1365 Tax assessment of land affected by flooding. (VanHaaften) Bill Tracks: Andrew, Assessors, Finance/Tax/Assess
Digest
Upon the filing of a petition in a calendar year by the owner of real property permanently flooded or rendered inaccessible by flooding, requires adjustment of property taxes payable in the calendar year and reassessment of the property for future years in which the flooding continues. Applies the reassessment provision to flooding that occurs after March 1, 2008. Authorizes a refund if property taxes are paid based on the assessment that applied before the reassessment for flooding. Requires the county auditor and the county treasure to publish notice of the availability of a reassessment for flooding. Allows the county auditor to reduce the assessed value used to set property tax rates based on expected reassessments for flooding.
Date Action
02/05/2009 H: Amendment #1 (VanHaaften), prevailed; Voice Vote HB1369 Property tax assessment. (Hinkle) Bill Tracks: Andrew, Assessors, Finance/Tax/Assess
Digest
Effective January 1, 2011: (1) eliminates county assessors, township assessors, and county property tax assessment boards of appeal; (2) establishes a state assessment division in the department of local government finance (DLGF) that includes ten regions in Indiana, each with a regional assessor; (3) requires the DLGF to perform property assessment functions throughout Indiana, including the general reassessment of real property effective in 2011 and functions previously performed by the county assessor; (4) provides for payment of regional assessors' salaries from the property reassessment funds of the counties in the region; (5) establishes a state assessment board; and (6) establishes a county exemption board in each county. Establishes an appointments committee to recommend candidates to the governor for appointment to positions in the state assessment division. Increases the penalty for failure to file a correct sales disclosure form from $100 to $500. Effective January 1, 2015: (1) defines fair market value to be based primarily on the most recent sale price; (2) requires the DLGF to assess all real property in Indiana on the basis of fair market value; and (3) permits the DLGF to create a new assessment after 2015 if physical alteration of the property has occurred, but requires a new assessment only upon petition by the property owner.
Date Action
01/13/2009 H: 1st Reading Assigned Ways and Means HB1371 Paid breaks and sick leave for employees. (Blanton) Bill Track: Administration
Digest
Requires certain employers to give employees who are scheduled to work at least 30 hours in a week a paid break of at least one hour for each day that the employee is scheduled to be on duty in a week. Provides for payment to the employee instead of a paid break under certain circumstances. Requires certain employers to provide certain employees a paid sick leave of at least one hour for each 30 hours that the employee is scheduled to be on duty in a week. Provides that the failure to give a paid break or to pay compensation for a missed break or the failure to provide paid sick leave is a Class A infraction for the first violation, and a Class B misdemeanor for a subsequent violation. Provides for enforcement by the commissioner of labor.
Date Action
01/13/2009 H: 1st Reading Assigned Labor and Employment HB1373 Employees of political subdivisions holding office. (Delaney) Bill Tracks: Clerks, Surveyors, Recorders, Coroners, Sarah, Andrew, Assessors, David, Auditors, Treasurers, Council, Commissioners, Administration, Highway/Engineer Digest
Provides that an individual may not be a candidate to be elected to or fill a vacancy on the legislative body of a political subdivision that employs the individual. Provides that an individual may be a candidate for election to or be a member of the legislative body of a political subdivision other than the political subdivision that employs the individual. Provides that an individual who, on June 30, 2009, serves on the legislative body of the political subdivision that employs the individual may complete the term to which the individual was elected or appointed. Makes conforming changes in other statutes.
Date Action
01/29/2009 H: Co Author Added Phillip D. Hinkle HB1375 Local regulation of firearms. (Murphy) Bill Tracks: Andrew, Commissioners, Public Safety
Digest
Repeals provisions that allow certain political subdivisions to adopt emergency ordinances to regulate firearms if a local disaster emergency has been declared.
Date Action
01/13/2009 H: 1st Reading Assigned Local Government HB1378 Recreational vehicles and truck campers. (Dodge) Bill Tracks: Andrew, Auditors, Commissioners, Finance/Tax/Assess
Digest
Provides that a recreational vehicle that remains at a single location throughout the calendar year is not subject to motor vehicle registration or to the excise tax on recreational vehicles and truck campers that will take effect January 1, 2010. Eliminates truck campers from that excise tax. Provides that a county in which a recreational vehicle is principally stored or operated during the registration year that is not the county of the owner's residence receives the excise tax revenue from the recreational vehicle. Permits a county executive to adopt an ordinance to require registration in the county of: (1) recreational vehicles located in the county that are not subject to motor vehicle registration; and (2) truck campers located in the county for at least 30 days during the year. Provides for payment of a registration fee to the county auditor, deposit of fee revenue in the county general fund, and enforcement of payment of the fees in the manner that personal property taxes are enforced.
Date Action
01/13/2009 H: 1st Reading Assigned Roads and Transportation HB1380 Energy efficient buildings. (Niezgodski) Bill Tracks: Andrew, Commissioners, Administration
Digest
Requires a building or structure constructed, reconstructed, repaired, altered, or retrofitted with certain public works contracts entered into after December 31, 2009, to be designed with the goal of achieving the silver rating under the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) rating system, the Green Globes Two Globes level, or an equivalent standard under an equivalent rating system that is accredited by the American National Standards Institute. Provides that for state agency purchases, there is a 5% price preference for certain office equipment that is compliant with the United States Environmental Protection Agency Energy Star ratings. 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
01/13/2009 H: 1st Reading Assigned Labor and Employment HB1386 Maximum term of loan to political subdivision. (Reske) Bill Tracks: Andrew, Commissioners, Econ. Dev., Finance/Tax/Assess
Digest
Provides that a political subdivision may execute a note that is payable over a period not exceeding 12 years (as opposed to six years under current law) to finance a public work project of not more than $2,000,000.
Date Action
01/13/2009 H: 1st Reading Assigned Local Government HB1390 Distribution of sales tax on gasoline and fuels. (Davis) Bill Tracks: David, Commissioners, Transportation, Highway/Engineer
Digest
Requires the department of state revenue to determine for each calendar quarter the amount, if any, to be transferred from the state gross retail and use tax on gasoline and special fuel to the state highway fund and the local road and street account. Provides for the amount of the transfer to be based on a percentage of the difference, if any, between: (1) the most recent statewide average retail price per gallon of gasoline and special fuel; and (2) $2.50 per gallon of gasoline and special fuel. Provides for 50% of the amount to be transferred to the state highway fund and 50% of the amount to be transferred to the local road and street account for distribution to counties, cities, and towns. Requires the auditor of state to make the first transfer before August 1, 2009.
Date Action
01/13/2009 H: 1st Reading Assigned Roads and Transportation HB1392 Cost of referenda for controlled projects. (Moseley) Bill Tracks: Clerks, Sarah, Elections Position: Support
Digest
Provides that a referendum on a controlled project may be voted on at a special election only if the fiscal body of the political subdivision that wishes to issue the bonds or enter into the lease agrees to pay the costs of holding the special election, regardless of whether there are any elections scheduled for the year in which the special election is held. (Current law provides that in a year without any elections, the political subdivision that requests the special election is not required to pay the costs of holding the special election.)
Date Action
01/13/2009 H: 1st Reading Assigned Labor and Employment HB1394 Mortgage assignment and securitization disclosure. (Delaney) Bill Tracks: Recorders, Sarah, Administration Position: Watch
Digest
Requires an assignment of mortgage to be recorded if it is on real property for which the owner is receiving the homestead standard deduction at the time the mortgage is granted. Provides that if a lender assigns a mortgage on real property for which the owner is receiving the homestead standard deduction at the time the mortgage is granted, the lender must notify the borrower, record a mortgage securitization disclosure statement, and pay a fee. Deposits $0.50 of the fee in the recorder's record perpetuation fund and the remainder in the state general fund. Provides that the fee is $250, if the transfer involves the securitization of the mortgage with other mortgages, or $100, if the transfer is not part of a securitization with other mortgages.
Date Action
01/21/2009 H: Committee Sched 1:30 PM Room 156 A Financial Institutions HB1395 Funding of property tax assessors. (Delaney) Bill Tracks: Andrew, Assessors, Finance/Tax/Assess
Digest
Shifts responsibility for funding: (1) the salary and operations of the county assessor from the county to the department of local government finance (DLGF); and (2) the salary of the township assessor and the assessor's employees from the county to the township. Requires the township to fund its share of a county appraisal services contract for property tax assessments. Requires the DLGF to adjust county and township maximum permissible property tax levies to account for the shifts in responsibility for funding. Eliminates the county property reassessment fund and transfers the balance to the county general fund. Provides that notice of the time and place for receiving bids for assessment contracts must be given on the web site maintained by the department of local government finance.
Date Action
01/13/2009 H: 1st Reading Assigned Government and Regulatory Reform HB1398 Ethanol incentives. (Grubb) Bill Tracks: David, Commissioners, Administration
Digest
Reduces the credit sale of E85 biofuel that a retailer may apply against the amount of gross retail tax that the retailer must deposit with the department of state revenue from $0.18 to $0.10 per gallon. Applies to the credit to the sale of E20 and E30 biofuel. Exempts the state and its political subdivisions from the gasoline tax on E85 biofuel. Adds school corporations and state educational institutions to the list of governmental entities that are eligible to apply to the department of agriculture for a grant under the E85 fueling station grant program. Requires the corn marketing council to use revenue received from assessments on the sale of corn to provide grants to assist retailers and governmental entities in purchasing new or converting existing fuel storage tanks to hold E85. Requires gasoline sold for motor vehicles to have a minimum content of 10% ethanol. Requires school corporations and state educational institutions to use gasohol and E85 fuel to the extent possible and to make facilities used to dispense biofuels reasonably available to sell biofuels at retail to the public.
Date Action
02/10/2009 H: Committee Sched 8:30 AM Room 156 C Agriculture and Rural Development HB1399 Gasoline tax distributions. (Grubb) Bill Tracks: Andrew, David, Commissioners, Finance/Tax/Assess, Transportation, Highway/Engineer
Digest
Allocates one-ninth of the gasoline tax revenue to each county to replace property tax revenue for the county's cumulative bridge fund beginning in 2010. Bases each county's share on the county's 2008 cumulative bridge fund levy. Eliminates the county cumulative bridge fund property tax levy beginning in 2010.
Date Action
01/13/2009 H: 1st Reading Assigned Roads and Transportation HB1400 School impact fees. (Reske) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Authorizes a school corporation to adopt a school impact fee resolution that imposes an impact fee on new residential development. Provides that a school corporation may not adopt an impact fee unless the school corporation's capital projects plan includes the following components: (1) Projected school capacity needs for the current year and for not less than the succeeding four year period. (2) Estimated capital costs for the additional capacity needs. (3) Identification and general description of each project. (4) The estimated total cost of each project. (5) Identification of all sources of funds expected to be used for each project. (6) The planning, development, and construction schedule of each project. Provides that a school impact fee is equal to the proportionate share of costs incurred or to be incurred by a school corporation to provide school infrastructure that is required by, necessitated by, or needed to serve the new residential development, minus the sum of any nonlocal revenues, taxes, and charges that the fee payer and future owners of the development will pay for use of the school infrastructure.
Date Action
01/13/2009 H: 1st Reading Assigned Ways and Means HB1401 Alteration and formation of townships. (Stevenson) Bill Tracks: Clerks, Sarah, Elections Digest
Allows a township to become part of a contiguous township in the county if the transfer is approved by a referendum in the township seeking transfer. Allows one or more election precincts or a municipality to become part of a contiguous township in the county if the transfer is approved by a referendum in the election precincts or municipality seeking transfer. Allows one or more election precincts or a municipality to become a new township if the formation of the new township is approved by a referendum in the election precincts or municipality seeking transfer. Repeals the provision imposing minimum size or valuation requirements on a newly created or altered township.
Date Action
01/13/2009 H: 1st Reading Assigned Government and Regulatory Reform HB1404 Declaration of party affiliation. (Stevenson) Bill Tracks: Clerks, Sarah, Elections
Digest
Removes a requirement that a voter declare a political party affiliation before voting in a primary election. Requires that a voter privately be able to select the ballot of the party that voter intends to vote for in a primary election. Requires that the Indiana election commission approve standards and procedures for voting methods to assure that a voter privately may select the ballot of the political party that the voter intends to vote for in a primary election. Repeals provisions concerning voter challenges because of political party affiliation and the handling of party identification cards used with electronic voting systems.
Date Action
01/13/2009 H: 1st Reading Assigned Elections and Apportionment HB1405 Recall of elected and appointed officials. (Stevenson) Bill Tracks: Clerks, Surveyors, Recorders, Coroners, Sarah, Andrew, Assessors, David, Auditors, Treasurers, Council, Commissioners, Elections
Digest
Establishes a procedure for the recall of a person who holds a state, legislative, local, or school board office (other than a justice, judge, or prosecuting attorney) or who is appointed to an office of the state or a political subdivision. Requires that a recall petition must be signed by at least 10% of the registered voters in the jurisdiction served by the official (or at least 10% of the total vote in the last election for secretary of state if the official holds an elected state office). Removes an officeholder if: (1) at least 60% of the votes cast; or (2) a majority of the registered voters in the election district; vote for the recall. Specifies that a commissioner of a police and fire merit commission may be removed by the recall procedure under current law.
Date Action
01/13/2009 H: 1st Reading Assigned Rules and Legislative Procedures HB1406 Elimination of townships outside Marion County. (Stevenson) Bill Tracks: Sarah, Andrew, Assessors, David, Council, Commissioners, Public Safety, Administration, Finance/Tax/Assess Digest
Effective January 1, 2011, makes the following changes in all counties except Marion County: (1) Abolishes township governmental functions. (2) Abolishes the office of township assessor, and transfers the duties and responsibilities of the township assessor to the county assessor. (3) Abolishes the offices of township trustee and township board (including duties and responsibilities related to township assistance, fire protection, cemetery maintenance, parks and recreation, and libraries), and transfers the duties and responsibilities of the township trustee and township board to the county. (4) Establishes a county firefighting fund. (5) Establishes a county cumulative building and equipment fund for firefighting. (6) Transfers township fund balances to the county and specifies the permitted use of the money. (7) Makes township indebtedness an obligation of the county, and requires the county to use money transferred from the township to pay the indebtedness. (8) Allows the county to levy property taxes to pay indebtedness not covered by money transferred from the township, and specifies the areas in which the taxes may be levied. (9) Increases the county's maximum property tax levy based on the assumption of former township duties, and establishes a separate county maximum property tax levy for firefighting. (10) Provides that the county assessor is a nonvoting member of the property tax assessment board of appeals.
Date Action
01/13/2009 H: 1st Reading Assigned Government and Regulatory Reform HB1423 Satellite voting locations. (V. Smith) Bill Tracks: Clerks, Sarah, Elections
Digest
Requires the county election board of a county with a population of more than 200,000 to establish a satellite office in each municipality with a population of more than 60,000. Provides that the county election board of such a county may adopt a resolution to establish the hours of the satellite offices and other provisions the board considers useful in operating the satellite offices. Provides that if the county election board does not adopt a resolution, the satellite offices must be open during the same hours that the circuit court clerk's office is open for casting absentee ballots. Requires the procedure for casting an absentee ballot at a satellite office to be substantially the same as the procedure for casting an absentee ballot in the office of the circuit court clerk. Makes technical changes.
Date Action
01/13/2009 H: 1st Reading Assigned Elections and Apportionment HB1425 Officeholder qualifications. (Saunders) Bill Tracks: Clerks, Surveyors, Recorders, Coroners, Sarah, Andrew, Assessors, David, Auditors, Treasurers, Council, Commissioners, Administration, Elections, Highway/Engineer
Digest
Prohibits a county, city, or town employee from being a candidate for or serving on the legislative or fiscal body of the county, city, or town that employs the employee. Allows a county, city, or town employee serving on a fiscal or legislative body on July 1, 2009, to serve the remainder of the member's term.
Date Action
01/13/2009 H: 1st Reading Assigned Government and Regulatory Reform HB1426 Fire protection territories and taxation. (Battles) Bill Tracks: Andrew, David, Council, Commissioners, Public Safety, Finance/Tax/Assess
Digest
Provides that for purposes of allocating any county adjusted gross income tax, county option income tax, and county economic development income tax distributions or excise tax distributions that are based on the amount of a taxing unit's property tax levies, each unit participating in a fire protection territory shall be considered to have imposed a part of the property tax levy imposed for the fire protection territory. Specifies that the part of the property tax levy imposed for the fire protection territory that is attributed to a particular participating unit is based on the percentage determined by dividing: (1) the participating unit's property tax levies imposed in the year before a property tax levy was first imposed for the fire property territory; by (2) the property tax levies imposed by all participating units in the year before a property tax levy was first imposed for the fire property territory. Provides that the legislative bodies of all participating units in a fire protection territory may agree to change the provider unit of the territory. Specifies that the provider unit may not be changed more than one time in a year.
Date Action
01/27/2009 H: Referred Referred to Ways and Means HB1427 Zoning ordinances. (Dvorak) Bill Tracks: David, Commissioners, Econ. Dev., Env/Land Use
Digest
Provides that a legislative body that is adopting a zoning ordinance is permitted (instead of required) to act to carry out certain purposes. Provides that a zoning ordinance may express the location and extent of land uses in text, diagrams, and images in a form-based code.
Date Action
01/22/2009 H: 1st Reading Assigned Local Government HB1430 Property tax abatement adjustments. (Riecken) Bill Track: Andrew
Digest
Subject to approval by the legislative body of a city or town, provides a credit against municipal property taxes to a taxpayer in a municipal taxing district in which the assessed valuation subject to tax abatement is proportionally greater by a factor of at least three than the average assessed valuation subject to tax abatement in all taxing districts in the city or town. Imposes an equalization levy in the city or town to replace the revenue lost as a result of the credit.
Date Action
01/13/2009 H: 1st Reading Assigned Ways and Means HB1432 County auditor income tax distributions to units. (Dembowski) Bill Tracks: Andrew, Auditors, Treasurers
Digest
Requires the county auditor to distribute local income tax revenue to other taxing units not later than ten days after the county treasurer receives the distribution from the state.
Date Action
02/10/2009 H: Committee Sched 9:30 AM Room 156 B Local Government HB1433 Property tax exemption procedure. (Saunders) Bill Tracks: Andrew, Assessors
Digest
For purposes of review, determination, and appeal of property tax exemption applications: (1) eliminates the role of the property tax assessment board of appeals; and (2) substitutes in that role the fiscal body of the municipality in which the property is subject to assessment, or the county fiscal body if the property is not subject to assessment in a municipality.
Date Action
02/10/2009 H: Committee Sched 10:30 AM Room 156 A Government and Regulatory Reform HB1435 Lake County courts. (L. Lawson) Bill Tracks: Clerks, Sarah, Courts
Digest
Establishes the Lake County judicial center fund (fund) for the purpose of financing, constructing, and equipping a Lake County judicial center and related buildings and parking facilities, including paying for costs related to the demolition or renovation of existing buildings and the acquisition of land. Establishes a $10 Lake County judicial center fee (fee) to be collected in each action: (1) filed in the Lake circuit court or superior court of Lake County; or (2) in which a person is convicted of an offense, required to pay a pretrial diversion fee, found to have committed an infraction, or found to have violated an ordinance. Requires the fee to be deposited in the fund. Makes an appropriation.
Date Action
02/10/2009 H: Committee Sched 8:30 AM Room 156 D Judiciary HB1441 Numerous changes to planning and zoning law. (Pearson) Bill Tracks: David, Commissioners, Econ. Dev., Env/Land Use
Digest
Eliminates review of zoning decisions by certiorari, and establishes a judicial review procedure. Provides procedures for vacation of a plat, including any recorded covenants. Prohibits, for two years after an unsuccessful vacation petition, a subsequent vacation proceeding regarding the same property and relief. Allows a plan commission to grant waivers from the subdivision control ordinance, and provides that a plan commission may allow or require a commitment to be made. Makes changes regarding: (1) qualifications of citizen members of plan commissions and boards of zoning appeals; (2) appointment of alternate members to all plan commissions (current law allows only an area plan commission to appoint alternate members); (3) disqualification of plan commission and board of zoning appeals members due to financial interest or bias; (4) publication of the zoning ordinance; and (5) commitments and conditions. Makes other changes to the planning and zoning law. Repeals superseded statutes concerning vacation of plats, commitments, and writ of certiorari.
Date Action
02/10/2009 H: Committee Sched 10:30 AM Room 156 A Government and Regulatory Reform HB1443 Expungement of certain conviction records. (Turner) Bill Track: Public Safety
Digest
Allows a sentencing court to expunge the records of certain felony and misdemeanor convictions committed before a person was 25 years of age if 12 years have passed since: (1) the completion of the person's sentence; and (2) the satisfaction of any other obligations imposed on the person as a part of the sentence. Allows a law enforcement agency, prosecuting attorney, or court to gain access to permanently sealed records under certain circumstances. Provides that if a court orders a person's records to be expunged, the person: (1) shall be treated for all purposes as if the person had not been arrested for or convicted of the felony or misdemeanor recorded in the expunged records; and (2) may legally state on an application for employment or any other document that the person has not been arrested for or convicted of the felony or misdemeanor recorded in the expunged records.
Date Action
01/13/2009 H: 1st Reading Assigned Rules and Legislative Procedures HB1444 Tax abatement for confined feeding equipment. (Knollman) Bill Tracks: David, Commissioners, Econ. Dev., Env/Land Use
Digest
Establishes a property tax abatement for equipment at a confined feeding operation used for the anaerobic digestion of manure or the control of odors.
Date Action
01/13/2009 H: 1st Reading Assigned Agriculture and Rural Development HB1445 Payments in lieu of taxes. (Knollman) Bill Tracks: Andrew, Finance/Tax/Assess
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. Makes appropriations.
Date Action
01/13/2009 H: 1st Reading Assigned Ways and Means HB1446 Property tax deduction for farm security items. (Knollman) Bill Tracks: Andrew, Auditors, Finance/Tax/Assess
Digest
Provides a property tax deduction, not to exceed $25,000 in 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, 2009; 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 filing 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 under IC 6-1.1-12.4 for the same property.
Date Action
01/13/2009 H: 1st Reading Assigned Ways and Means HB1447 Property taxation. (Welch) Bill Tracks: Andrew, Auditors, Finance/Tax/Assess
Digest
Reconciles differences among the laws enacted in the 2008 session of the general assembly, and does the following: (1) Specifies that a person may apply for the standard deduction on a sales disclosure form. (2) Establishes filing requirements for the property tax standard deduction that are similar to the filing requirements that applied to homestead credit applications. (3) Provides that an applicant for a standard deduction for a homestead may own (or have the other requisite interest in) the homestead on the date that a deduction application is filed, and permits the filing of an application at any time during the assessment year if the homestead is real property, and at any time before March 31 of the immediately following year if the homestead is a mobile home treated as personal property. (4) Merges the text of a definition related to the senior citizen tax limit credit into the credit law. (5) Standardizes the language describing a homestead in the standard deduction law, the circuit breaker credit law, and the senior citizen tax limit law so that it refers to a homestead that is eligible to receive a standard deduction. (6) Codifies a noncode provision that provides that an individual or entity that receives a standard deduction (or received a homestead credit) in a particular year and remains eligible for the standard deduction is not required to refile a statement to apply for the standard deduction. (7) Exempts nonelected school boards from the law requiring taxing units with nonelected governing bodies to have bond issues and leases approved by the fiscal body of a county, city, or town. (8) Defines "registered voter" for purposes of the statute specifying who is eligible to sign a petition requesting a referendum for a controlled project. (9)Allows a civil taxing unit to increase its property tax levy in the first year in which the civil taxing unit participates in a fire protection territory. (10) Removes the expiration date for the county boards of tax adjustment. (11) Legalizes the method used by the department of local government finance to reduce the 2009 maximum permissible ad valorem property tax levy of taxing units that paid benefits to members of the 1925 police pension fund, the 1937 firefighters' pension fund, or the 1953 police pension fund. Repeals a superseded definition. Makes other corrections. (The introduced version of this bill was prepared by the commission on state tax and financing policy.)
Date Action
01/13/2009 H: 1st Reading Assigned Ways and Means HB1453 Vote centers. (Burton) Bill Tracks: Clerks, Sarah, Elections
Digest
Requires the secretary of state to designate as a vote center pilot county a county in which a natural disaster has made a substantial part of the county's voting systems unusable if the county applies for designation as a vote center pilot county.
Date Action
01/13/2009 H: 1st Reading Assigned Elections and Apportionment HB1467 Property tax trending formula. (Espich) Bill Tracks: Andrew, Assessors, Finance/Tax/Assess
Digest
Indicates that annual adjustments in the assessed value of real property for property tax purposes must be based on appropriate market factors. Transfers the responsibility of establishing market factors for the annual adjustment of property assessments to the department of local government finance. Requires the department of local government finance to base adjustment factors on an analysis of value changes occurring to large samples of similarly situated properties located in more than one county. Makes other related changes.
Date Action
01/14/2009 H: 1st Reading Assigned Ways and Means HB1469 Local government boards. (Pelath) Bill Tracks: David, Administration
Digest
Provides that in a second class city located in a county having a population of more than 110,000 but less than 115,000, the department of public sanitation may be combined with the department of waterworks to establish a single department of public sanitation and waterworks. Specifies that the department of public sanitation and waterworks may be established only if the board of sanitary commissioners, the board of directors of the department of waterworks, and the city fiscal body each adopt resolutions agreeing to the establishment of the department of public sanitation and waterworks. Specifies that the department of public sanitation and waterworks is under the control of a combined public sanitation-waterworks board. Requires the resolutions agreeing to the establishment of a combined public sanitation-waterworks board to specify the following: (1) The date on which the department of public sanitation and the department of waterworks are combined. (2) The number and the terms of members of the combined board. (3) The appointing authority for members of the combined board. (4) The standards for removal of a member of the combined board. (5) Any residency requirements or other eligibility requirements to serve on the combined board. (6) The amount and source of any compensation for members of the combined board. (7) Any procedural rules or quorum requirements that apply to the combined board. Specifies that the department of public sanitation and waterworks has the powers, duties, and responsibilities of the department of sanitation and the department of waterworks before those departments are combined. Provides that: (1) all property, assets, debt, liabilities, agreements, and contracts of the board of sanitary commissioners and the board of directors of the department of waterworks are transferred to and assumed by the combined board; and (2) all policies, rates, rules, and regulations of the department of public sanitation and the department of waterworks become the policies, rates, rules, and regulations of the department of public sanitation and waterworks. Provides that in a municipality that borders Lake Michigan, the board of directors of the port authority may be combined with the park and recreation board to establish a joint port authority and park and recreation board ("joint board"). Specifies that a joint board may be established only if the municipal fiscal body, the board of directors of the port authority, and the park and recreation board each adopt resolutions agreeing to the establishment of the joint board. Requires the resolutions agreeing to the establishment of a joint board to specify the following: (1) The date on which the board of directors of the port authority and the park and recreation board are abolished and are replaced by the joint board. (2) The number and the terms of members of the joint board. (3) The appointing authority for members of the joint board. (4) The standards for removal of a member of the joint board. (5) Any residency requirements or other eligibility requirements to serve on the joint board. (6) The amount and source of any compensation for members of the joint board. (7) Any procedural rules or quorum requirements that apply to the joint board. Specifies that the joint board has the powers, duties, and responsibilities of a board of directors of a port authority and the powers, duties, and responsibilities of a municipal park and recreation board. Provides that all property, assets, debt, liabilities, agreements, and contracts of the board of directors of the port authority and the park and recreation board are transferred to and assumed by the joint board.
Date Action
01/14/2009 H: 1st Reading Assigned Local Government HB1471 Assessment rules. (Pelath) Bill Tracks: Andrew, Assessors, Finance/Tax/Assess
Digest
Prohibits the department of local government finance from changing the standards used to assess tangible property for property tax purposes except as necessary to bring a rule into conformity with a statute. Changes the valuation date used in the last reassessment to January 1of the year immediately preceding the reassessment date. Repeals a law requiring the state board of tax commissioners (which no longer exists) to adopt rules.
Date Action
02/05/2009 H: Committee Report amend do pass, adopted HB1476 Donations by local units to community foundations. (Walorski) Bill Tracks: David, Commissioners
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. Provides that if a unit specifies that a donation shall be held as a nonendowed designated fund, the unit has access to the donation and income at any time.
Date Action
01/14/2009 H: 1st Reading Assigned Commerce, Energy, Technology and Utilities HB1482 Land surveyors. (Eberhart) Bill Tracks: Surveyors, Sarah Position: Support
Digest
Allows a licensed land surveyor to enter any land or property within Indiana to conduct a survey. Provides procedures for: (1) notifying a land owner; and (2) compensating a landowner for any damage.
Date Action
01/14/2009 H: 1st Reading Assigned Rules and Legislative Procedures HB1485 Eliminate sales tax on gasoline. (Lehe) Bill Tracks: David, Commissioners, Finance/Tax/Assess, Transportation, Highway/Engineer
Digest
Eliminates the gross retail tax (sales tax) on gasoline.
Date Action
01/14/2009 H: 1st Reading Assigned Ways and Means HB1486 Use of proceeds from sale of county hospital. (Day) Bill Tracks: David, Council, Commissioners, Finance/Tax/Assess
Digest
Requires the proceeds of the sale of a county hospital to be donated to a charitable nonprofit community foundation established by the county fiscal body. Provides that the members of the county fiscal body shall serve as the board of trustees of the foundation. Specifies certain conditions on the investment and use of the proceeds.
Date Action
01/14/2009 H: 1st Reading Assigned Local Government HB1490 Tax on recreational vehicles and cargo trailers. (Fry) Bill Tracks: Andrew, Finance/Tax/Assess
Digest Extends the gross retail tax exemption on cargo trailer and recreational vehicle sales to residents of states that do not provide a reciprocal sales tax exemption to Indiana residents.
Date Action
01/14/2009 H: 1st Reading Assigned Ways and Means HB1491 St. Joseph superior court judges. (Fry) Bill Tracks: Sarah, Elections
Digest
Joseph superior court judges. Requires the nonpartisan election of superior court judges in St. Joseph County. Continues the terms of the St. Joseph superior court judges in office on June 30, 2009, until the date the judges' terms will end under the law in effect on June 30, 2009. Repeals provisions concerning judicial retention elections in St. Joseph County.
Date Action
02/05/2009 H: Committee Report do pass, adopted HB1493 Manufacture of flags used in public buildings. (Bischoff) Bill Tracks: Sarah, Administration
Digest
Provides a 25% purchasing price preference for United States and Indiana flags manufactured in the United States.
Date Action
02/05/2009 H: Amendment #1 (Bischoff), prevailed; Voice Vote HB1494 Switzerland County deputy prosecuting attorney. (Bischoff) Bill Tracks: Sarah, Courts
Digest
Removes a provision that prohibits the state from paying any amount of the annual salary of a chief deputy prosecuting attorney appointed by the prosecuting attorney of the ninety-first judicial circuit (Switzerland County).
Date Action
02/05/2009 H: Committee Action Pass(10-2) Courts and Criminal Code HB1496 Municipal elections. (Cherry) Bill Tracks: Clerks, Sarah, Elections
Digest
Moves elections of city and town officers to even-numbered years. Repeals superseded statutes.
Date Action
01/14/2009 H: 1st Reading Assigned Elections and Apportionment HB1497 Vote centers. (Richardson) Bill Tracks: Clerks, Sarah, Elections Position: Support
Digest
Establishes the use of vote centers as an option for all counties. Requires the county election board (board) to adopt an order designating a county a vote center county, adopt a plan to administer the vote centers, and file the order and the plan with the election division. Requires the board to accept and consider public comment before adopting an order designating the county as a vote center county. Provides that designation of a county as a vote center county remains in effect until the board rescinds the order designating the county as a vote center county and files a copy of the rescission with the election division. Redesignates automatically as a vote center county a county previously designated a vote center pilot county. Repeals the expiration date of the vote center program and provisions that: (1) require the secretary of state's approval of the vote center designation; and (2) allow the secretary of state to revoke the vote center designation.
Date Action
01/14/2009 H: 1st Reading Assigned Elections and Apportionment HB1498 PERF and TRF death benefit. (Ruppel) Bill Tracks: David, Administration
Digest
Reduces from 15 to ten the number of years of creditable service that a member of the public employees' retirement fund (PERF) must earn for a surviving spouse or surviving dependent to receive a survivor benefit. Removes the requirement that a member of the Indiana state teachers' retirement fund (TRF), with ten years of creditable service, must be 65 years of age at the time of death for a surviving spouse or surviving dependent to be eligible for a survivor benefit. Provides that a surviving spouse or surviving dependent of an active or inactive member of PERF or TRF is entitled to a survivor benefit. (Current law provides that a surviving spouse or surviving dependent of an active service member of PERF or TRF is entitled to a survivor benefit.) Makes the changes retroactive to January 1, 2007. Provides that PERF and TRF are required to make a reasonable effort to notify certain surviving spouses or surviving dependents of changes made by this act.
Date Action
01/14/2009 H: 1st Reading Assigned Ways and Means HB1502 State board of accounts matters. (Richardson) Bill Tracks: Clerks, Recorders, Sarah, Andrew, David, Auditors, Treasurers, Administration
Digest
Increases the amount of the surety bond that must be filed by various local government officials. Provides that the periodic financial reports filed by state and local government entities with the state examiner of the state board of accounts (SBOA) must be filed electronically. Permits the state examiner to conduct performance audits of the same public offices and officers, state offices, state institutions, and entities that are currently subject to financial audits by the SBOA. Removes certain restrictions on the payment of travel expenses to field examiners of the SBOA for assignments within their county of residence. Permits the governing body of a public agency to conduct an executive session for purposes of meeting with the SBOA in an entrance conference or exit conference during the audit process. Repeals a statute requiring the SBOA to implement and administer a method to be used by the state to conduct authenticated electronic transactions using digital signatures. Makes conforming changes to reflect the repeal of the digital signature statute.
Date Action
01/14/2009 H: 1st Reading Assigned Ways and Means HB1505 Prosecuting attorneys retirement fund issues. (GiaQuinta) Bill Tracks: Andrew, Council, Courts
Digest
Defines "salary", for purposes of computing a retirement benefit, to include the total salary paid to a participant in the prosecuting attorneys retirement fund (fund) by the state and by a county or counties. Eliminates contributions for a participant with at least 22 years of creditable service. For a participant who applies for a retirement benefit after December 31, 2010, bases the computation of the annual retirement benefit on the salary being paid for the office that the participant held at the time of the participant's separation from service. (Currently, the computation is based on the highest annual salary that was paid to the participant before separation from service.) Reduces from 0.25% to 0.10% per month the reduction factor for a retirement benefit computed for a participant who retires before 65 years of age. Provides a prorated retirement benefit for partial years of service. Makes changes to the fund's disability benefit by: (1) eliminating the minimum service required to receive a disability benefit; (2) redefining "disability"; and (3) increasing the salary percentages used to compute a disability benefit to equal the percentages used by the judges' retirement system for the same years of service. Increases the minimum annual survivor benefit from $7,000 to $12,000. Provides that benefit increases paid after December 31, 2010, to a participant who applied for a retirement benefit before January 1, 2011, or to certain terminated vested participants, are equal to the percentage by which the salary being paid for the office that the participant held at the time of the participant's separation from service increases. Increases the court administration fee from $5 to $7 for all courts except the Marion County small claims court, and directs that the additional amount be paid into the fund. (The introduced version of this bill was prepared by the pension management oversight commission.)
Date Action
01/14/2009 H: 1st Reading Assigned Ways and Means HB1508 Property assessments and appeals. (GiaQuinta) Bill Tracks: Sarah, Assessors, Finance/Tax/Assess
Digest
Provides that the deadlines for assessing officials to change a personal property tax assessment do not apply to a change in the assessed value of personal property that results from the resolution of a personal property assessment appeal. Allows an assessing official defending a determination in the tax court to elect, without the approval of the attorney general, to be represented by an attorney selected and paid by the defendant, the township, or the county. Date Action
01/14/2009 H: 1st Reading Assigned Ways and Means HB1509 Various election law matters. (GiaQuinta) Bill Tracks: Clerks, Sarah, Elections
Digest
Provides that a voter becomes registered to vote when the county voter registration office determines the voter appears to be eligible to vote at the address on the voter's voter registration application. Requires a county voter registration office to note that a voter is in inactive status if the notice of voter registration is returned by the United States Postal Service due to an unknown or insufficient address. Eliminates the seven day period during which a voter's voter registration application is considered pending. 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.) Makes the beginning date of absentee voting in the clerk's office or a satellite office one day later than under current law.
Date Action
01/14/2009 H: 1st Reading Assigned Elections and Apportionment HB1513 Redevelopment commission membership. (GiaQuinta) Bill Track: Andrew
Digest
Makes a nonvoting adviser to a redevelopment commission a voting member of the commission, and allows a designee to be appointed by the school board. Reduces the member's term from two years to one year (consistent with the other commissioners' terms). Provides that a nonvoting adviser appointed to the commission: (1) serves the remainder of the person's initial two year term as a voting member; and (2) may appoint a designee.
Date Action
01/14/2009 H: 1st Reading Assigned Local Government HB1514 Accounting for public funds. (GiaQuinta) Bill Tracks: Andrew, Administration
Digest
Increases the required surety bond for certain officials, and provides that the state board of accounts may require a higher surety bond for officials who have engaged in malfeasance, misfeasance, or nonfeasance that resulted in the misappropriation of, diversion of, or inability to account for public funds. Requires a deputy examiner, field examiner, or private examiner to make a preliminary report to the state examiner if: (1) a substantial amount of public funds has been misappropriated or diverted or is unaccounted for; (2) there is a reasonable likelihood that the final examination report will include a finding that the entity that is the subject of the report failed to observe a uniform compliance guideline or failed to comply with a specific law; or (3) the malfeasance, misfeasance, or nonfeasance that resulted in the misappropriation of, diversion of, or inability to account for the public funds was committed by the officer or employee who is primarily responsible for ensuring compliance with laws regarding maintaining and accounting for the funds. Requires the state examiner to provide a copy of the report to the attorney general, and requires the attorney general to bring a civil action against the delinquent employee or the official bond to recover misappropriated funds. Authorizes the attorney general to petition a court to freeze the assets of the delinquent employee. Makes other changes.
Date Action
01/14/2009 H: 1st Reading Assigned Ways and Means HB1515 County bridge fund. (GiaQuinta) Bill Tracks: Andrew, Commissioners, Administration, Transportation
Digest
Changes the name of the fund that may be established by certain counties for bridge construction purposes from the major bridge fund to the county bridge fund. Allows the county bridge fund to be used for constructing, maintaining, or repairing bridges, approaches, or grade separations with respect to structures other than major bridges. Provides that in a county that establishes a county bridge fund, the county executive is responsible for providing funds for all bridges within the county, including those in municipalities, except bridges on the state highway system.
Date Action
01/14/2009 H: 1st Reading Assigned Roads and Transportation HB1516 School board elections at general election time. (Barnes) Bill Tracks: Clerks, Sarah, Elections
Digest
Requires that school board members selected by election must be elected at general elections and take office the following July 1. Repeals superseded statutes.
Date Action
01/22/2009 H: Co Author Added Mary Ann Sullivan HB1519 Assessed value for setting property tax rates. (Culver) Bill Tracks: Andrew, Auditors, Finance/Tax/Assess
Digest
Permits the county auditor, in reducing a taxing unit's assessed value used to set tax rates for the taxing unit, to take into account any property tax deduction allowed after assessed values are certified. Extends the deadline for the county auditor to report the reduction from December 31 to January 15 to allow accounting for deduction applications filed at the end of the year.
Date Action
01/14/2009 H: 1st Reading Assigned Ways and Means HB1527 Tax increment financing. (Reardon) Bill Tracks: Andrew, Commissioners, Econ. Dev., Finance/Tax/Assess Digest
Provides that in counties other than Marion County, property tax proceeds allocated under tax increment financing (TIF) may be used for: (1) improvements that are located in or serve the TIF allocation area; or (2) in the case of a redevelopment commission established by a municipality, improvements that are located within the municipality. (Current law provides that the property tax proceeds allocated under TIF may be used for improvements that are physically located in or physically connected to the TIF allocation area.) Specifies certain improvements that may be financed with property tax proceeds allocated under TIF. Provides that in counties other than Marion County, property tax proceeds allocated under a TIF housing program may be used for specified purposes: (1) within the TIF allocation area; or (2) in the case of a redevelopment commission established by a municipality, within the municipality. (Current law provides that the property tax proceeds must be used within the TIF allocation area for the specified purposes.)
Date Action
01/14/2009 H: 1st Reading Assigned Ways and Means HB1530 Funding of local government projects. (Reardon) Bill Tracks: Andrew, Commissioners, Econ. Dev., Finance/Tax/Assess
Digest
Amends the provisions authorizing political subdivisions to borrow the money necessary to finance a public work project from a financial institution to allow political subdivisions to also borrow to finance an eligible efficiency project that costs not more than $2,000,000. Defines "eligible efficiency project" as a project that is necessary or useful to: (1) carrying out an interlocal cooperation agreement entered into by two or more political subdivisions or governmental entities; or (2) the consolidation of local government services. Authorizes a municipality to borrow money from a municipally owned utility to carry out an eligible efficiency project within the municipality. Provides that property tax proceeds allocated under tax increment financing (TIF) may be used to carry out an eligible efficiency project.
Date Action
02/10/2009 H: Committee Sched 10:30 AM Room 156 A Government and Regulatory Reform HB1534 Communications infrastructure. (Koch) Bill Tracks: Andrew, Assessors, Finance/Tax/Assess
Digest
Allows the commissioner of the department of administration (commissioner) to negotiate and enter into lease agreements for the lease of state owned land for the purpose of allowing mobile communications infrastructure to be placed on the land. Provides that such lease agreements must: (1) not be for a term of more than 30 years; and (2) provide for the nonexclusive use of the land by the lessee. Provides that the commissioner may enter into more than one lease agreement with respect to the same parcel of land. Requires the utility regulatory commission (IURC) to adopt rules to establish a program that may be adopted and implemented by energy utilities seeking to enter into co-location agreements with communications service providers. Sets forth certain standards that the program established by the IURC must include. With respect to a conservation easement recorded after June 30, 2009, provides that it is not a breach of the conservation easement for: (1) the holder of the easement; or (2) an owner of an interest in the property subject to the easement; to use or lease a part of the property, not exceeding six acres, for the purpose of placing on the property a transmission tower or other infrastructure used to provide commercial mobile service. Provides that any part of the property used for such purpose: (1) ceases to be subject to the conservation easement; and (2) becomes subject to assessment and taxation for property tax purposes on a basis that reflects the new use of the property.
Date Action
01/16/2009 H: 1st Reading Assigned Commerce, Energy, Technology and Utilities HB1543 Reports on property tax collections. (Delaney) Bill Tracks: Andrew, Auditors, Administration
Digest
Requires the property tax report by the auditor of state to be a quarterly report. Requires information to be sent to the auditor of state by the county auditor in April and October for preparation of the quarterly report. Requires property tax collection data for the previous quarter to be broken down by the year the property taxes are first due and payable. Requires the auditor of state's reports to be published by posting the report on the web site maintained by the auditor of state.
Date Action
02/10/2009 H: Committee Sched 10:30 AM Room 156 A Government and Regulatory Reform HB1544 Property tax assessments and bills. (Delaney) Bill Tracks: Andrew, Assessors, Treasurers, Finance/Tax/Assess
Digest
Establishes a procedure administered by the county assessor for verification by the owner of a homestead of the physical features of the homestead that are material to the determination of the property tax assessment. Provides that a property tax bill must include a comparison that shows the amount the taxpayer's current taxes would be if the property tax rate of each taxing unit in the taxing district used to calculate the current taxes were determined based on an assessed valuation of the taxing unit that includes assessed valuation of exempt property and of tangible property segregated from the tax base for tax increment financing.
Date Action
01/16/2009 H: 1st Reading Assigned Ways and Means HB1546 PERF cost of living adjustment. (Niezgodski) Bill Tracks: David, Administration
Digest
Provides for a cost of living adjustment payable after December 31, 2009, for members (or the survivors or beneficiaries of members) of the public employees' retirement fund (PERF).
Date Action
01/16/2009 H: 1st Reading Assigned Labor and Employment HB1548 Variable local option income taxes. (Thompson) Bill Tracks: Andrew, Council, Finance/Tax/Assess
Digest
Authorizes a taxing unit to impose variable local option income taxes to replace revenue lost to the local unit as a result of: (1) the application of the circuit breaker credit; or (2) the elimination of property taxes on real property wholly owned by individuals residing in the local unit where the individuals pay a variable local option income tax.
Date Action
01/16/2009 H: 1st Reading Assigned Ways and Means HB1549 Elimination of property taxes. (Thompson) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Eliminates all ad valorem property taxes. Provides for the implementation of a local residential income tax, a local fire and safety benefit tax, a state commercial activity tax, and a state employer payroll expense tax to replace revenue lost to political subdivisions from the elimination of property taxes. Increases the state gross retail and use tax. Reduces the state adjusted gross income tax rate. Makes other changes to the tax laws. Repeals a temporary property tax homestead credit and appropriation for 2010. Makes appropriations.
Date Action
01/16/2009 H: 1st Reading Assigned Ways and Means HB1551 Annexation. (Stevenson) Bill Tracks: David, Commissioners, Finance/Tax/Assess
Digest
Requires that a municipality's annexation fiscal plan must include any charges or fees related to economic development projects within the territory to be annexed with an explanation as to how those fees or charges will be imposed on property owners. Provides that an annexation ordinance may include terms and conditions establishing equitable provisions for economic development in the annexed territory. Provides that if an ordinance contains terms and conditions establishing equitable provisions for economic development of the territory, two members must be appointed to the municipal advisory board who: (1) own real property within the annexed territory; and (2) develop property or are an economic development official within the annexed territory. Provides that landowners may establish at the remonstrance hearing that the annexation will result in additional or duplicative costs (instead of that the annexation will have a significant financial impact on the residents or owners of land) in establishing the conditions required for the court to order an annexation not to take place.
Date Action
01/16/2009 H: 1st Reading Assigned Local Government HB1552 Elected library boards. (Leonard) Bill Tracks: Sarah, Elections Digest
Establishes a procedure to provide for the election of the board members of a Class 1 library.
Date Action
01/16/2009 H: 1st Reading Assigned Elections and Apportionment HB1554 Clean energy vehicles. (Battles) Bill Track: Andrew
Digest
Provides that if the state purchases or leases a vehicle after December 31, 2009, it must purchase or lease a clean energy vehicle unless the department of administration determines that the purchase or lease of a clean energy vehicle: (1) is inappropriate because of the purposes for which the vehicle will be used; or (2) is not economically feasible. Specifies that these requirements do not apply to the purchase or lease of vehicles by or for the state police department. Requires the department of administration to adopt rules or guidelines to provide a preference for the purchase or lease by state entities of clean energy vehicles manufactured wholly or partially in Indiana or containing parts manufactured in Indiana. Provides that before August 1 of 2010 and each year thereafter, each state entity shall submit to the department of administration information regarding the use of clean energy vehicles and alternative fuels by the state entity. Requires the department of administration to submit a report to the general assembly and to the governor before September 1 of 2010 and each year thereafter that lists the information for each state entity and for all state agencies in the aggregate.
Date Action
01/16/2009 H: 1st Reading Assigned Environmental Affairs HB1556 County inmate drug rehabilitation fund. (Battles) Bill Tracks: David, Commissioners, Public Safety
Digest
Establishes the county inmate drug rehabilitation fund in each county to provide drug treatment and rehabilitation services to inmates confined in a jail located in the county. Provides that if a county receives funds from the state for confining a person: (1) placed under the custody or made a ward of the department of correction; and (2) in a jail located in the county; 20% of the funds must be deposited in the county inmate drug rehabilitation fund.
Date Action
02/10/2009 H: Committee Sched 10:00 AM Room 404 Ways and Means HB1557 Various election law matters. (Battles) Bill Tracks: Clerks, Sarah, Elections
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, an identification issued by an approved institution of higher learning, or a Medicare card 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) Restates county reimbursement procedures for attending the annual election administrators' conference. (4) Provides that certain individuals under the supervision of the criminal justice system may not be employed by a county board of voter registration. (5) Provides that a person who is subject to lawful detention but has not been convicted of a crime is eligible to register and vote until the person has been convicted of a crime and imprisoned following conviction. (6) Specifies the content of statewide voter registration system reports. (7) Specifies certain procedures in connection with voter list maintenance, and updates procedures for address changes of voter registration records in the statewide voter registration system. (8) Permits a county voter registration office to return to a candidate for President of the United States, United States Senator, or governor, after the petition is certified, an original petition that accompanies a declaration of candidacy. (9) Requires that a state chairman of a political party (in addition to a county chairman) certify that a candidate is a member of the political party with which a candidate claims affiliation. (10) Changes several dates concerning the certification of ballot questions and devices to conform to the date in current law for the certification of candidates. (11) Permits the dissolution of a committee without the waiver of outstanding civil penalties previously imposed on the committee, and specifies that the chairman or treasurer of the committee remains liable for any committee debts. (12) Requires that county voter registration records be updated not later than 60 days after election day or after completion of a recount or contest. (13) Allows an overseas voter to transmit an absentee ballot application by electronic mail. (14) Provides that poll clerks and assistant poll clerks may ask a voter to show proof of identification. (15) 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. (16) 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.) (17) Provides that a voter in line behind voters in the chute at the time the polls close is entitled to vote unless the voter is otherwise not qualified to vote. (18) 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. (19) 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. (20) Provides that the voting system technical oversight program account is nonreverting. (21) Provides that voters who reside within the area of a municipality located in a vote center pilot county may vote using vote center pilot county procedures. (22) 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. (23) Requires the secretary of state to publish an analysis of provisional voting in Indiana for each year in which a general or a municipal election is held. (24) Requires the counting of a ballot that has been marked and cast by a voter in compliance with election law, but otherwise may 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. (25) Makes the beginning date of absentee voting in the clerk's office or a satellite office one day later than under current law. (26) Requires a rejected absentee ballot to be treated as a provisional ballot. Requires the county election board to send a notice to a voter whose absentee ballot has been rejected providing certain information. Requires the county election board to meet before noon ten days after an election to provide a provisional voter an opportunity to make a presentation in support of the validity of the voter's provisional ballot and to determine which provisional ballots shall be counted. Makes certain procedural changes in processing provisional ballots. (27) Requires the judges, in the presence of the inspector, to take all reasonable actions to register a voter's vote when the voter voting on a direct record electronic voting machine has left the voting both without recording the voter's votes. (28) 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. (29) Provides that individual votes cast by a voter for the candidates for an office of the same political party for which the voter cast a straight party ticket may not be counted unless the straight party ticket vote is not counted. (30) Amends provisions concerning candidate ballot vacancy procedures. (31) Establishes a procedure for candidate withdrawals, challenges, and write-ins for certain elected members of a county board of tax and capital projects review. (32) Revises precinct boundary change procedures. (33) Provides that the third member of a recount commission is not required to be a mechanic familiar with voting systems. Requires the court appointing a recount commission to appoint a mechanic to serve as a nonvoting advisor to the recount commission. (34) 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.) (35) Repeals the following statutes: a statute providing that an absentee ballot may not be counted if the ballot does not contain initials of certain election officials; a statute relating to opening absentee ballot envelopes; a statute that requires a provisional ballot to be rejected if it does not contain certain initials; a statute imposing criminal penalties for the inspection of a voting system without the permission of the recount commission; and obsolete references concerning voting instructions, paper ballots, and special polling places.
Date Action
01/16/2009 H: 1st Reading Assigned Elections and Apportionment HB1558 Regulation of confined feeding operations. (Blanton) Bill Tracks: David, Commissioners, Env/Land Use
Digest
Establishes good character disclosure requirements and financial assurance requirements for confined feeding operations and concentrated animal feeding operations (operations). Allows the department of environmental management (IDEM) to review and act on disclosed good character information. Provides that: (1) IDEM approval of operations applies to both original construction and modifications; and (2) the requirement for notice to owners or occupants of neighboring land applies to all operations. Prohibits construction of an operation less than one mile from the boundary of a parcel of land on which a school or health facility is located, the boundary of a municipality, or waters.
Date Action
01/16/2009 H: 1st Reading Assigned Agriculture and Rural Development HB1563 Property tax deduction for elderly. (Duncan) Bill Tracks: Andrew, Auditors, Finance/Tax/Assess Digest
For the property tax deduction for individuals age 65 and older: (1) eliminates the adjusted gross income and assessed value limitations; (2) establishes a delayed 2009 deduction filing deadline for mobile homes and manufactured homes; and (3) provides that receiving the supplemental deduction to the standard deduction does not result in ineligibility for the deduction for individuals age 65 and older.
Date Action
01/16/2009 H: 1st Reading Assigned Ways and Means HB1575 Elimination of duplicate property tax levies. (Pelath) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Prohibits two or more taxing units from imposing property tax levies in a taxing district for the same type of service. Extends the period during which taxing units may publish notices, hold hearings, and adopt tax levies, tax rates, and budgets.
Date Action
01/22/2009 H: 1st Reading Assigned Government and Regulatory Reform HB1579 Funding for fatality review teams. (Kersey) Bill Tracks: Coroners, Sarah
Digest
Requires the state department of health to charge a child fatality review fee of $2 for each search of the records for a death certificate and deposit the fee in the child fatality review fund. Establishes the child fatality review fund to defray expenses incurred by the statewide child fatality review committee and make grants to local child fatality review teams. Requires the department of child services to establish and administer a grant program for local child fatality review teams. Makes an appropriation.
Date Action
02/05/2009 H: Committee Sched 8:30 AM Room 156 B Veterans Affairs and Public Safety HB1583 County and municipal property taxes. (Culver) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Allows political subdivisions to finance an interlocal agreement for provision of a service by increasing the maximum levy of the political subdivision that provides the service and decreasing the maximum levy of the political subdivision to which the service is provided. Provides for the same levy adjustments in the absence of an interlocal agreement upon petition to the department of local government finance. Provides that a county may not levy property taxes in a municipality for services the municipality provides itself.
Date Action
01/16/2009 H: 1st Reading Assigned Ways and Means HB1588 Local government finance. (Avery) Bill Tracks: Andrew, Courts
Digest
Provides that the part of the Vanderburgh County innkeeper's tax rate that is dedicated to pay the operating expenses of a convention center is reduced from 2% to 1% after December 31, 2011 (rather than after December 31, 2009, under current law). Provides for a corresponding delay in the increase in the part of the Vanderburgh County innkeeper's tax rate that is deposited in the tourism capital improvement fund. Specifies that if the Vanderburgh County council adopts a resolution providing that the Vanderburgh County food and beverage tax should be continued to finance the acquisition, construction, and equipping of an arena and other facilities that serve or support the arena activities, any excess food and beverage tax revenue that is not needed to pay any bonds, leases, or other obligations for a convention center shall be transferred to the fiscal officer of the largest municipality in the county. Requires the municipal fiscal officer to deposit the excess food and beverage tax revenue in a municipal arena fund. Provides that money in the municipal arena fund shall be used by the largest municipality in the county for financing the acquisition, construction, and equipping of an arena and other facilities that serve or support the arena activities. Specifies that if the Vanderburgh County council adopts a resolution providing that the Vanderburgh County food and beverage tax should be continued to finance the acquisition, construction, and equipping of an arena and other facilities that serve or support the arena activities, the food and beverage tax: (1) does not terminate after the last of the bonds issued to finance improvements to a county auditorium or auditorium renovations, and the last of any bonds issued to refund those bonds, have been completely paid; and (2) continues until the last of the bonds issued to finance the acquisition, construction, and equipping of the arena and other facilities that serve or support the arena activities, and the last of any bonds issued to refund those bonds, have been completely paid. Repeals provisions specifying that the amounts received from the food and beverage tax shall be used to pay bonds issued to finance the construction of an airport terminal.
Date Action
02/10/2009 H: Committee Sched 9:30 AM Room 156 B Local Government HB1597 Sales tax increment financing. (Reske) Bill Tracks: David, Commissioners, Econ. Dev., Finance/Tax/Assess
Digest
Provides that a redevelopment commission outside Marion County 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 body acting as a redevelopment commission in Marion County may establish an 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 in an area 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. Provides that an area must terminate not later than 30 years after a sales tax increment is first distributed to the redevelopment commission that established the area.
Date Action 02/11/2009 H: Committee Sched 1:30 PM Room 156 D Small Business and Economic Development HB1598 Logistics development incentives. (Reske) Bill Tracks: David, Commissioners, Econ. Dev., Finance/Tax/Assess
Digest
Authorizes a county to adopt an ordinance providing a temporary exemption from the wheel tax for vehicles owned and used in the operation of twenty-first century logistics enterprises at certain locations. Authorizes a county to adopt an ordinance providing a temporary exemption from the commercial vehicle excise tax for vehicles owned and used in the operation of twenty-first century logistics enterprises at certain locations. Limits the exemptions to vehicles owned and used at a new logistics enterprise or in the expansion of the fleet of an existing logistics enterprise. Requires the Indiana economic development corporation to certify the owner's eligibility for an exemption.
Date Action
02/11/2009 H: Committee Sched 1:30 PM Room 156 D Small Business and Economic Development HB1600 Various election law matters. (Richardson) Bill Tracks: Clerks, Sarah, Elections
Digest
Makes the following changes to the election law: (1) Restates county reimbursement procedures for attending the annual election administrators' conference. (2) Specifies the contents of statewide voter registration system reports. (3) Specifies certain procedures in connection with voter list maintenance, and updates procedures for address changes of voter registration records in the statewide voter registration system. (4) Permits a county voter registration office to return to a candidate for President of the United States, United States Senator, or governor, after the petition is certified, an original petition that accompanies a declaration of candidacy. (5) Changes several dates concerning the certification of ballot questions and devices to conform to the date in current law for the certification of candidates. (6) Permits the dissolution of a committee without the waiver of outstanding civil penalties previously imposed on the committee, and specifies that the chairman or treasurer of the committee remains liable for any committee debts. (7) Requires that county voter registration records be updated not later than 60 days after election day or after completion of a recount or contest. (8) Allows an overseas voter to transmit an absentee ballot application by electronic mail. (9) Revises precinct boundary change procedures. (10) Provides that the voting system technical oversight program account is nonreverting. (11) Provides that voters who reside within the area of a municipality located in a vote center pilot county may vote using vote center pilot county procedures. (12) Amends provisions concerning candidate ballot vacancy procedures. (13) Repeals obsolete references concerning voting instructions, paper ballots, and special polling places.
Date Action
01/16/2009 H: 1st Reading Assigned Elections and Apportionment HB1601 Public questions. (Richardson) Bill Tracks: Clerks, Sarah, Elections
Digest Provides that a political subdivision shall pay for all election supplies, equipment, and expenses of a special election held for the voters of the political subdivision at a time other than the time of a primary, municipal, or general election. Provides that a special election may be held only on the: (1) date of a general election; (2) date of a primary election; (3) first Tuesday after the first Monday in May of an odd- numbered year; or (4) first Tuesday after the first Monday in November of an odd-numbered year. Provides that a county voter registration office (rather than the county auditor) certifies to the county election board when a public question regarding the issuance of bonds by a political subdivision is required to be placed on the ballot.
Date Action
01/16/2009 H: 1st Reading Assigned Ways and Means HB1604 Fort Wayne capital improvement board. (GiaQuinta) Bill Tracks: David, Council, Commissioners
Digest
Establishes a capital improvement board for Fort Wayne. Provides for a board of managers composed of appointees by the mayor, the city council, and the county board of commissioners. Provides that the supplemental coliseum expansion (food and beverage tax) fund is controlled by the board instead of the county and must still be used for the coliseum as provided in the Allen county supplemental food and beverage tax law. Provides that the World War Memorial Coliseum is a joint county-city memorial under the World War Memorial law. Provides that the Fort Wayne capital improvement board serves as the board of trustees for the World War Memorial Coliseum under the World War Memorial law. Repeals superseded provisions.
Date Action
02/10/2009 H: Committee Sched 9:30 AM Room 156 B Local Government HB1607 West Lake commuter rail project. (Dobis) Bill Tracks: David, Transportation
Digest
Requires a city or county that participates in the northwest Indiana regional development authority to remain a member for at least ten years. Prescribes the terms for withdrawing from the development authority. Requires the development board of the northwest Indiana regional development authority to separately account for money received or designated for construction, reconstruction, renovation, purchase, lease, acquisition, and equipping of a West Lake commuter rail line.
Date Action
01/16/2009 H: 1st Reading Assigned Roads and Transportation HB1610 Sheriff's pension and prior fund contributions. (Day) Bill Tracks: David, Public Safety, Sheriff
Digest
Authorizes an employee beneficiary of a sheriff's retirement plan (plan) to use certain amounts from a prior public retirement fund: (1) to purchase service credit in the plan; or (2) to receive the amounts as a lump sum payment.
Date Action
01/16/2009 H: 1st Reading Assigned Labor and Employment HB1612 Various financial institution matters. (Bardon) Bill Tracks: Recorders, Sarah
Digest
Makes various changes to the laws concerning: (1) financial institutions; (2) debt management companies; (3) pawnbrokers; (4) money transmitters; (5) check cashers; (6) persons licensed under the Uniform Consumer Credit Code; and (7) rental purchase agreements. Repeals provisions being superseded by this bill. Repeals a provision requiring the display of a license by a debt management company.
Date Action
02/04/2009 H: Committee Sched 1:30 PM Room 156 A Financial Institutions HB1617 Special property tax statements. (M. Smith) Bill Tracks: Andrew, Assessors, Auditors, Treasurers, Finance/Tax/Assess
Digest
Eliminates the authority for a county to use provisional property tax statements and substitutes a requirement that the county use special property tax statements if the county auditor fails to deliver the abstract to the county treasurer before March 16. Requires the use of special statements for property taxes payable in 2009 if the abstract is not delivered before June 1, 2009. Provides that the special statements are calculated based on revised assessments determined using cost adjustments provided by the department of local government finance. Repeals superseded provisions.
Date Action
01/16/2009 H: 1st Reading Assigned Rules and Legislative Procedures HB1618 Secretary of state political activity. (Pierce) Bill Tracks: Sarah, Elections
Digest
Prohibits an individual who holds the office of secretary of state from: (1) serving in an official or unofficial capacity: (A) in the campaign of a candidate for an elected office; or (B) for a person who makes disbursements for the direct costs of producing or airing a communication that expressly advocates the election or defeat of a clearly identifiable candidate; (2) endorsing a candidate for an elected office; (3) conducting fundraising activities for a candidate for an elected office; or (4) soliciting contributions for or contributing to the campaign of a candidate for an elected office. Exempts from the prohibition a campaign in which the individual who holds the office of secretary of state is the candidate. Authorizes the attorney general to enforce the prohibition, and establishes a civil penalty equal to the greater of: (1) two times the amount of any contribution made or received; or (2) $5,000.
Date Action 02/11/2009 H: Committee Sched 3:30 PM Room 156 A Elections and Apportionment HB1620 Energy efficient buildings. (Pierce) Bill Tracks: Sarah, Commissioners, Administration
Digest
Requires a government building to be designed, constructed, operated, and maintained to achieve or exceed the level of energy efficiency required under certain rating systems. Provides that Indiana hardwood lumber may be considered for use as a local source material in any project in which the use of Indiana hardwood lumber is practicable. Requires the fire prevention and building safety commission to revise the Indiana Energy Conservation Code before January 1, 2010. Requires the revised Indiana Energy Conservation Code to contain standards that exceed or are substantially equivalent to the standards set forth in the ASHRAE 100-2006 and ASHRAE 90.1-2007 standards.
Date Action
02/09/2009 H: Committee Sched Upon Adjournment Room 404 Ways and Means HB1621 Broadband deployment council. (Pierce) Bill Tracks: Andrew, Econ. Dev., Administration
Digest
Creates the technology opportunity account to provide financial support for the technology opportunity program. Appropriates money in the account for the purposes of the account. Establishes the Indiana broadband services deployment council to develop a strategy for the adoption and deployment of broadband services in Indiana.
Date Action
01/16/2009 H: 1st Reading Assigned Rules and Legislative Procedures HB1626 Municipality self-insurance. (Fry) Bill Track: David
Digest
Provides for establishment of a municipal government consortium to create a self-insurance fund. Specifies requirements for registration of a self-insurance fund by the department of insurance.
Date Action
02/04/2009 H: Committee Sched 10:30 AM Room 156 B Insurance HB1632 Marion superior court magistrates. (Bardon) Bill Tracks: Clerks, Sarah, Council, Courts
Digest
Allows a city-county council for a county having a consolidated city to impose a redocketing fee of $50 on a party to an action brought in the circuit court or superior court in the county if the party initiates proceedings following final judgment. Requires the fee to be deposited in the state general fund. Allows the judges of the superior court to appoint 20 additional full-time magistrates if the city-council imposes the redocketing fee.
Date Action
01/16/2009 H: 1st Reading Assigned Courts and Criminal Code HB1635 Property tax credit for unpaid rebate checks. (Bardon) Bill Tracks: Andrew, Auditors, Finance/Tax/Assess
Digest
Applies the amount of a warrant for the statewide rebate of property taxes on homesteads for taxes payable in 2007 that is unpaid for at least 180 days as a credit against future taxes on the same parcel.
Date Action
02/03/2009 H: Committee Sched 10:30 AM Room 156 A Government and Regulatory Reform HB1637 Funding for foreclosure counseling. (Bardon) Bill Tracks: Recorders, Sarah, Andrew
Digest
Provides for an assessment on financial institutions designated as a depository of public funds for purposes of providing sufficient money to provide foreclosure prevention counseling and assistance programs.
Date Action
02/04/2009 H: Committee Sched 9:00 AM Room 404 Ways and Means HB1638 Training of county government officials. (Clements) Bill Tracks: Clerks, Surveyors, Recorders, Sarah, Andrew, David, Auditors, Treasurers, Council, Commissioners, Administration
Digest
Establishes the county government officials training board (board) consisting of state and county officials. Provides that the county officials on the board are appointed by the governor. Requires a county auditor, county clerk, member of a county council, member of a board of county commissioners, county recorder, county surveyor, and county treasurer to successfully complete: (1) a required training course not later than six months after the county official takes office; and (2) an annual continuing education course. Establishes a $100 fee for attending the required training course and a $25 fee for a continuing education course. Establishes the county officials training and continuing education fund to pay for approved training courses and other expenses. Requires the board to adopt rules establishing standards and requirements for the training and minimum requirements for continuing education instructors. Requires the board to provide a county official with a certificate or other evidence that the official has successfully completed the training requirements. Requires the county official to provide the certificate to the county commissioners, or the city-county council (in the case of a county having a consolidated city). Requires the county commissioners or city-county council to order the county auditor to withhold the paycheck of a county official until the certificate is provided unless the county commissioners adopt or the city-county council adopts a resolution finding that: (1) the failure of the county official to complete the training is the result of unusual circumstances; (2) the county official is making reasonable progress toward completing the training; and (3) in light of the circumstances, withholding the paycheck of the county official would be unjust.
Date Action
01/16/2009 H: 1st Reading Assigned Ways and Means HB1643 School transportation fund levy appeal. (Dermody) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Authorizes a school corporation to appeal to the department of local government finance for an increase in the school corporation's maximum permissible transportation fund property tax levy if the school corporation's maximum permissible transportation fund property tax levy for property taxes first due and payable in 2004 was at least 10% lower than the school corporation's maximum permissible transportation fund property tax levy for property taxes first due and payable in 2003.
Date Action
01/16/2009 H: 1st Reading Assigned Ways and Means HB1647 County employment opportunity fee. (Crawford) Bill Tracks: Andrew, David, Commissioners, Finance/Tax/Assess
Digest
Authorizes a county council to impose a county employment opportunity fee upon nonresident individuals who work in the county. Provides that the fee may not exceed 0.25% of the individual's adjusted gross income derived from the qualified individual's principal place of business or employment. Provides that the fee revenue must be used for economic development purposes. Permits the fee revenue to be pledged to repay bonds or lease rentals. Permits the county employment opportunity fee to be captured or used for various economic development programs. Permits the state to intercept the fees for noncompliance with certain data requirements.
Date Action
01/16/2009 H: 1st Reading Assigned Ways and Means HB1649 Personal property tax exemption for IT equipment. (Austin) Bill Tracks: Andrew, Assessors
Digest
Provides that enterprise information technology equipment owned by an eligible business is exempt from personal property taxation for 25 years following the date on which the equipment is placed in service.
Date Action
01/16/2009 H: 1st Reading Assigned Ways and Means HB1650 Local government purchases of road salt. (Austin) Bill Tracks: David, Commissioners, Transportation, Highway/Engineer Digest
Requires the department of administration to enter into quantity purchase agreements with vendors for the purchase of road salt. Provides that these quantity purchase agreements must require the vendors to offer the road salt to political subdivisions.
Date Action
01/29/2009 H: Co Author Added Jacque Clements HB1656 State and local administration. (Austin) Bill Track: Andrew
Digest
Provides that the goal for a public works project is to award the contract to a contractor who: (1) employs residents of Indiana as at least 90% of the employees working on the contract; and (2) enters into subcontracts with subcontractors that employ residents of Indiana as at least 90% of the employees working on the contract. Applies this goal to contracts entered into by the public works division of the department of administration, any state agency or commission entering into a public works contract, the commission governing the ports of Indiana, the department of transportation (INDOT), and units of local government. Requires the commissioner of the department of administration to prepare an annual report for the public and the legislative council stating, for the contractors awarded public works contracts by the state and the subcontractors with which these contractors entered into subcontracts, the percentage of the contractors' and subcontractors' employees working on the public works contracts who are residents of Indiana. Requires certain public works projects to use Indiana produced steel or foundry products and materials, equipment, and durable goods made in Indiana. Prohibits tolling on an interstate highway project between Interstate Highway 465 and Interstate Highway 64. Prohibits the state from issuing a request for proposals for, or entering into, a public-private agreement concerning a project between Interstate Highway 465 and Interstate Highway 64. Annually appropriates money for numerous listed highway projects. Appropriates $500,000,000 from designated federal funds to INDOT for grants to counties, cities, and towns for each of the following periods: (1) July 1, 2008 to June 30, 2010. (2) July 1, 2010 to June 30, 2011. Requires INDOT to establish a community infrastructure assistance program. Appropriates $10,000,000 from federal funds for the program for each of the following periods: (1) July 1, 2008 to June 30, 2010. (2) July 1, 2010 to June 30, 2011. Establishes an adult workforce training grant program. Appropriates federal funds for the program. Repeals P.L. 234-2007, SECTION 26. Appropriates federal funds for certain university building projects. Appropriates $500,000,000 from the next generation trust fund. Specifies certain conditions for the use of the money.
Date Action
02/05/2009 H: Co Author Added Brian Bosma HB1660 Regional transportation districts. (Austin) Bill Tracks: David, Commissioners, Transportation
Digest
Permits counties to establish a regional transportation district to plan, design, acquire, construct, enlarge, improve, renovate, maintain, equip, finance, operate, and support public transportation systems. Establishes a fee on vehicle registrations, and permits the creation of allocation areas, the establishment of a special allocation of county option income taxes, and the imposition of a food and beverage tax, a county economic development income tax, or a special benefits property tax to provide funding to regional transportation districts. Permits other public transportation agencies to merge into a regional transportation district. Requires the governor to appoint a deputy commissioner for the department of transportation to assist the commissioner with the public transportation responsibilities of the department.
Date Action
01/16/2009 H: 1st Reading Assigned Roads and Transportation HB1663 Johnson County innkeepers' tax. (Burton) Bill Tracks: Andrew, Council, Finance/Tax/Assess
Digest
Authorizes the county council of Johnson County to impose an innkeepers' tax at a rate not to exceed 7%. Provides that the tax revenue from 3.5% of the rate is dedicated to visitor and tourism promotion and the remainder, if any, is dedicated to parks and recreation. Provides that if a pledge of innkeepers' tax revenue has been made for bonds or leases, the tax revenue from 3.5% of the rate must be used for improving Johnson County Park.
Date Action
01/16/2009 H: 1st Reading Assigned Ways and Means HB1667 LaPorte superior courts. (Pelath) Bill Tracks: David, Commissioners, Courts
Digest
Provides that the LaPorte superior court No. 1 holds sessions in places designated by the LaPorte County executive instead of holding sessions only in Michigan City.
Date Action
01/16/2009 H: 1st Reading Assigned Courts and Criminal Code HB1668 Mandatory provisional property tax bill. (Michael) Bill Tracks: Andrew, Treasurers, Finance/Tax/Assess
Digest
Makes the use of provisional property tax billing by the county treasurer mandatory instead of optional if delivery of the abstract is late. Provides that provisional billing is based on 100% instead of 90% of the property taxes payable in the immediately preceding year.
Date Action
01/16/2009 H: 1st Reading Assigned Local Government HB1670 Plan to restore property tax cycle. (Michael) Bill Tracks: Andrew, Assessors, Auditors, Treasurers, Finance/Tax/Assess Digest
Requires the department of local government finance to make recommendations for action necessary to restore timeliness to the process of local budgeting and the imposition of property taxes.
Date Action
02/03/2009 H: Committee Sched 10:30 AM Room 156 D Local Government HB1674 Repeal of valuation method for certain property. (V. Smith) Bill Tracks: Andrew, Assessors, Finance/Tax/Assess
Digest
Repeals the property tax valuation method for special integrated steel mill and oil refinery/petrochemical equipment.
Date Action
01/16/2009 H: 1st Reading Assigned Ways and Means HB1677 Gaming at satellite facilities. (Austin) Bill Tracks: Andrew, Finance/Tax/Assess, Rodney
Digest
Raises the maximum amount of county slot machine wagering fees payable to Madison County from $8,000,000 to $10,000,000. Authorizes slot machine wagering at a satellite facility in Allen County. Imposes a slot machine wagering fee equal to 10% of the adjusted gross receipts attributable to slot machine wagering at a satellite facility in Allen County. Requires the fee to be transferred to the treasurer of Allen County for distribution.
Date Action
01/22/2009 H: 1st Reading Assigned Rules and Legislative Procedures HB1687 Voter assistance during early voting. (Bosma) Bill Tracks: Clerks, Sarah, Elections
Digest
Provides that a voter casting an absentee ballot before an absentee voter board in the office of the circuit court clerk or at a satellite office is entitled to receive assistance in casting a ballot if the voter is a voter with disabilities or is unable to read or write English.
Date Action
01/16/2009 H: 1st Reading Assigned Elections and Apportionment HB1689 Provisional property tax bills. (Reardon) Bill Tracks: Andrew, Assessors, Auditors, Treasurers, Finance/Tax/Assess
Digest
Provides that the use of provisional property tax statements is mandatory and not at the option of the county treasurer. Provides that subject to a waiver petition to the department of local government finance, the county treasurer must use provisional property tax statements for taxes payable in 2009 if the county auditor has not delivered the abstract for the 2008 assessment date. Corrects internal references.
Date Action
02/10/2009 H: Committee Sched 9:30 AM Room 156 B Local Government HB1692 Sunset state boards and commissions. (Borror) Bill Track: Andrew
Digest
Terminates numerous statutory boards, commissions, committees, and other governmental entities on July 1, 2012. Directs the legislative services agency, under the direction of the legislative council, to prepare legislation to bring affected statutes into compliance with this act.
Date Action
01/16/2009 H: 1st Reading Assigned Rules and Legislative Procedures HB1694 Tax abatement for leased property. (Borror) Bill Tracks: Andrew, Auditors, Finance/Tax/Assess
Digest
Allows a real property owner to apply for the economic revitalization area 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
01/16/2009 H: 1st Reading Assigned Ways and Means HB1695 Fulton County innkeeper's tax. (Gutwein) Bill Tracks: Council, Finance/Tax/Assess
Digest
Permits Fulton County to impose an innkeeper's tax of up to 6%. Provides for the distribution of the county innkeeper's tax revenue.
Date Action
01/16/2009 H: 1st Reading Assigned Ways and Means HB1704 Referendum on LOIT used for debt service. (Dermody) Bill Tracks: Clerks, Andrew, Finance/Tax/Assess, Elections
Digest
Provides that registered voters of a political subdivision may request, through a petition and remonstrance process, a referendum on bond issues and lease agreements for certain controlled projects if the bonds or leases will be paid from local option income taxes (LOITs). Provides that if no election will be held within six months after the date the auditor certifies the public question, the political subdivision may request a special election. Provides that if a special election is requested in a year in which a general election or municipal election will be held, a special election will be held only if the political subdivision requesting the special election agrees to pay the costs.
Date Action
01/22/2009 H: 1st Reading Assigned Ways and Means HB1707 Expenditure reporting for public questions. (Saunders) Bill Tracks: Clerks, Sarah, Elections
Digest
Requires campaign finance reports relating to the outcome of any public question to be filed with the election division. Requires the election division to provide for the electronic submission, retrieval, storage, and disclosure of campaign finance reports relating to public questions.
Date Action
02/03/2009 H: Committee Sched 8:30 AM Room 156 A Labor and Employment HB1714 State spending cap. (Borror) Bill Track: Andrew
Digest
Provides a control on state expenditures for state fiscal years beginning after June 30, 2011, that is based on the change in gross Indiana nonfarm personal income as reported by the United States Department of Commerce, Bureau of Economic Analysis. Requires the budget agency to determine and publish the Indiana nonfarm personal income growth quotient (the IPI growth quotient) in the Indiana Register. Provides for emergency expenditures. Provides for mandatory reductions in expenditures. Requires that the digest of a budget bill or a conference committee report on a budget bill must contain certain information concerning state appropriations and expenditures. Provides that the current law concerning business cycle state spending controls expires June 30, 2011.
Date Action
01/22/2009 H: 1st Reading Assigned Rules and Legislative Procedures HB1718 Sales tax increment financing. (Stilwell) Bill Tracks: Andrew, Econ. Dev., Finance/Tax/Assess
Digest
Authorizes Warrick County to establish an economic development project district. Provides that the Indiana economic development corporation performs the duties of the state board of finance when establishing an economic development project district for the county. Increases the maximum term of bonds and leases for an economic development district from 20 to 25 years.
Date Action
02/09/2009 H: Committee Sched Upon Adjournment Room 404 Ways and Means HJR0002 Property tax exemption for senior citizens. (Cheatham) Bill Tracks: Andrew, Finance/Tax/Assess Digest
Provides that real property in which an individual has an ownership interest or another interest prescribed by law may not be taxed if the individual: (1) is at least 65 years of age; (2) uses the real property as the individual's homestead; and (3) has paid taxes on real property located in Indiana for at least ten years. Provides that the exemption does not prohibit the collection of delinquent property taxes, assessments, fees, or charges relating to real property from the individual claiming the exemption. This proposed amendment has not been previously agreed to by a general assembly.
Date Action
01/07/2009 H: 1st Reading Assigned Ways and Means HJR0003 Local government consolidation. (Hinkle) Bill Tracks: Surveyors, Recorders, Coroners, Sarah, Andrew, Assessors, David, Auditors, Treasurers, Commissioners
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
01/07/2009 H: 1st Reading Assigned Rules and Legislative Procedures HJR0004 Government spending limitation. (Murphy) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Provides that an Indiana governmental entity's expenditures may not increase from one fiscal year to the next fiscal year by more than a growth factor based on Indiana personal income. Authorizes the governor to suspend by executive order this limitation for a governmental entity in case of an emergency. This proposed amendment has not been previously agreed to by a general assembly.
Date Action
01/12/2009 H: 1st Reading Assigned Rules and Legislative Procedures P HJR0005 County officers. (Torr) Bill Tracks: Clerks, Surveyors, Recorders, Coroners, Sarah, Andrew, Assessors, David, Auditors, Treasurers, Council, Commissioners, Elections
Digest
Removes all county offices, except the office of sheriff, from the Indiana Constitution.
Date Action
01/13/2009 H: 1st Reading Assigned Rules and Legislative Procedures HJR0009 Selection of supreme court justices. (Fry) Bill Tracks: Sarah, Andrew, David, Elections
Digest
Provides that the Indiana supreme court consists of five members, three of whom are elected by the voters of districts and two of whom are elected by all the voters of Indiana. Provides that the general assembly may by law provide for transition from a system of appointed and retained justices to a system for election of justices. Provides that the governor fills a vacancy on the supreme court from the judges of the court of appeals and the individual who fills the vacancy serves the remainder of the unexpired term of the justice the individual succeeds. Makes technical changes. This proposed amendment has not been previously agreed to by a general assembly.
Date Action
01/14/2009 H: 1st Reading Assigned Courts and Criminal Code HJR0011 Circuit breakers and other property tax matters. (Bosma) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
For property taxes first due and payable in 2012 and thereafter, requires the general assembly to limit a taxpayer's property tax liability as follows: (1) A taxpayer's property tax liability on homestead property may not exceed 1% of the gross assessed value of the homestead property. (2) A taxpayer's property tax liability on other residential property may not exceed 2% of the gross assessed value of the other residential property. (3) A taxpayer's property tax liability on agricultural land may not exceed 2% of the gross assessed value of the property that is the basis for the determination of the agricultural land. (4) A taxpayer's property tax liability on other real property may not exceed 3% of the gross assessed value of the other real property. (5) A taxpayer's property tax liability on personal property may not exceed 3% of the gross assessed value of the taxpayer's personal property that is the basis for the determination of property taxes within a particular taxing district. Specifies that property taxes imposed after being approved by the voters in a referendum shall not be considered for purposes of calculating the limits to property tax liability under these provisions. Provides that in the case of a county for which the general assembly determines in 2008 that limits to property tax liability are expected to reduce in 2010 the aggregate property tax revenue that would otherwise be collected by all units and school corporations in the county by at least 20%, the general assembly may provide that property taxes imposed in the county to pay debt service or make lease payments for bonds or leases issued or entered into before July 1, 2008, shall not be considered for purposes of calculating the limits to property tax liability. Specifies that such a law may not apply after December 31, 2019. Permits the general assembly to exempt a mobile home used as a homestead to the same extent as real property. Specifies that an exemption may be granted in the form of a deduction or credit. Specifies that the general assembly may impose reasonable filing requirements to obtain an exemption, deduction, or credit.
Date Action
01/16/2009 H: 1st Reading Assigned Rules and Legislative Procedures SB0005 Voter identification. (Errington) Bill Tracks: Clerks, Sarah, Elections 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
01/07/2009 S: 1st Reading Assigned Elections SB0006 Gross income tax refund. (Lawson) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Provides a refund of gross income taxes erroneously paid for 2003 by a town if the town also paid the utilities receipts tax for 2003.
Date Action
01/07/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0011 Firearms in locked vehicles. (Nugent) Bill Tracks: Andrew, Administration, Courts
Digest
Prohibits a person (which includes an individual, a corporation, and a governmental entity) 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 vehicle while the vehicle is in or on the person's property. Excepts possession of a firearm: (1) on school property, on property used by a school for a school function, or on 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. Deletes an outdated reference.
Date Action
02/11/2009 S: Committee Sched 9:00 AM Room 130 Judiciary SB0014 Accessibility of satellite voting locations. (Miller, Sipes, Battles) Bill Tracks: Clerks, Sarah, Elections Position: Support
Digest
Requires that all locations where a voter is entitled to cast in person an absentee ballot before election day meet the same accessibility requirements that apply to a polling place for a precinct.
Date Action
02/02/2009 S: Co Sponsor Added Milo Smith SB0017 Legislative gift reports. (Delph) Bill Tracks: Sarah, Andrew, David
Digest
Reduces from $100 to $25 the minimum reportable amount for: (1) the total daily gifts to a legislator or a legislative employee given by a registered lobbyist; or (2) a single gift received by a legislator or legislative candidate.
Date Action
01/07/2009 S: 1st Reading Assigned Rules and Legislative Procedure SB0019 Direct deposit of public pension benefits. (Boots) Bill Track: David
Digest
Requires all state administered public retirement and pension funds to pay benefits after December 31, 2009, by direct deposit using electronic funds transfer. Provides for a waiver of the direct deposit requirement in limited circumstances. Repeals provisions concerning the direct deposit of benefits by the public employees' retirement fund.
Date Action
01/07/2009 S: 1st Reading Assigned Pensions and Labor SB0027 David Ford educational technology fund. (Buck, Lubbers, Sipes) Bill Track: Sarah
Digest
Renames the educational technology fund as the Senator David C. Ford educational technology fund. (The introduced version of this bill was prepared by the interim study committee on education matters.)
Date Action
01/26/2009 S: Co Sponsor Added Gregory W. Porter SB0028 School board elections at general election time. (Lubbers) Bill Tracks: Clerks, Sarah, Elections Position: Support
Digest
Requires that school board members selected by election must be elected at general elections. Repeals superseded statutes.
Date Action
01/22/2009 S: Co Author Added Edward E. Charbonneau SB0029 Law enforcement training funding. (Mrvan) Bill Tracks: Andrew, Transportation
Digest
Imposes a $1 fee on each bureau of motor vehicles transaction on which a fee already is imposed. Deposits the fees in the statewide basic training fund to provide additional funding to law enforcement academies and training centers that: (1) are certified by the law enforcement training board; and (2) provide basic training to law enforcement officers. Makes a continuous appropriation.
Date Action
02/05/2009 S: Co Author Added Jim Arnold SB0030 Oversight of public money. (Mrvan) Bill Tracks: Andrew, Administration
Digest
Provides that the gaming commission has continuing 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, 2009, 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 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, 2009, 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 Indiana 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
01/07/2009 S: 1st Reading Assigned Commerce and Public Policy & Interstate Cooperation SB0031 Local port authority eminent domain procedures. (Mrvan) Bill Tracks: Andrew, Administration
Digest
Repeals a provision that prohibits a port authority in East Chicago or Hammond from exercising the right of eminent domain in the same manner that all other local port authorities may exercise the right of eminent domain.
Date Action
01/07/2009 S: 1st Reading Assigned Commerce and Public Policy & Interstate Cooperation SB0032 Notice of meetings. (Mrvan) Bill Tracks: Andrew, Council, Commissioners, Administration
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 at least five business days before a meeting that does not deal with an emergency.
Date Action
01/07/2009 S: 1st Reading Assigned Commerce and Public Policy & Interstate Cooperation SB0040 Homestead assessed value growth cap. (Zakas) Bill Tracks: Andrew, Assessors, Finance/Tax/Assess
Digest
Limits the annual increase in assessed value of a homestead to 5% unless: (1) ownership of the homestead changes during the year; or (2) the increase results from physical changes to the homestead.
Date Action
01/20/2009 S: Co Author Added Jim Arnold SB0044 Representation of judges in mandate litigation. (Boots) Bill Tracks: Andrew, Council, Courts
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
01/07/2009 S: 1st Reading Assigned Judiciary SB0045 Bail. (Steele) Bill Tracks: Clerks, Sarah, Courts
Digest
Makes changes to the Indiana bail law concerning: (1) credit card service fee payments; (2) notices to sureties and bond agents; (3) circumstances under which a cause is determined; (4) failure to appear; and (5) substitution of bail for deposits. Specifies that a court may require a defendant admitted to bail to execute a bail bond written by an insurer (instead of being executed with sufficient solvent sureties). Removes a provision that allows a court admitting a defendant to bail to require the defendant to post a real estate bond. Provides that if a person charged with a felony under IC 35-42 (offenses against the person) is admitted to bail, the person: (1) shall be admitted to bail by executing a bail bond written by an insurer, depositing cash or securities in an amount equal to the bail, or executing a bond secured by certain real estate; and (2) may not be admitted to bail by executing a bail bond by depositing cash or securities in an amount not less than 10% of the bail.
Date Action
01/07/2009 S: Reassign Pursuant to Senate Rule 65(b), reassigned to Corrections, Criminal and Civi SB0050 Concentrated animal feeding operation construction. (Paul) Bill Tracks: David, Commissioners, Env/Land Use
Digest
Establishes a three year moratorium on the start of construction of concentrated animal feeding operations.
Date Action
01/07/2009 S: 1st Reading Assigned Energy and Environmental Affairs SB0051 Police and firefighter hiring age. (Landske) Bill Tracks: Andrew, Public Safety
Digest
Increases from 35 years of age to 39 years of age the maximum age for hiring police officers and firefighters.
Date Action
01/07/2009 S: 1st Reading Assigned Pensions and Labor SB0058 Property tax assessment of undeveloped land. (Walker) Bill Tracks: Andrew, Assessors, Finance/Tax/Assess
Digest
Limits to one year the period during which undeveloped land in the inventory of a land developer is not subject to property tax reassessment.
Date Action
01/07/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0059 Income tax deduction for pension distributions. (Walker) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Provides an adjusted gross income tax deduction for taxable retirement plan distributions that are used to pay expenses related to losses from a severe storm, a tornado, or flooding when a disaster emergency is declared by the governor.
Date Action
01/20/2009 S: Committee Sched 9:00 AM Room 431 Tax and Fiscal Policy SB0061 Notice of appropriation and revenue measures. (Walker) Bill Track: Andrew
Digest
Provides that committee hearings and floor votes on appropriations and revenue raising measures are subject to a waiting period of 72 hours after the bill or amendment is made available for public review. Applies to any state general fund appropriation of at least $1,000,000 and to any revenue raising measure that would raise at least $1,000,000 for the state general fund. Allows either house to waive the notice if a provision is added to the bill that states the notice requirement has been waived.
Date Action
01/07/2009 S: 1st Reading Assigned Rules and Legislative Procedure SB0066 PERF vesting period. (M. Young) Bill Tracks: Clerks, Surveyors, Recorders, Coroners, Assessors, David, Auditors, Treasurers, Council, Commissioners, Administration, Highway/Engineer
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.
Date Action
01/07/2009 S: 1st Reading Assigned Pensions and Labor SB0069 Motorized bicycle certificate. (Paul) Bill Tracks: Commissioners, Transportation, Highway/Engineer
Digest
Requires the bureau of motor vehicles to design and issue a certificate for the operation of a motorized bicycle by a person who does not have an operator's license. Provides that a person who operates a motorized bicycle on a public street, road, or highway without having obtained a certificate commits a Class D infraction. Imposes a $10 fee for the certificate. Provides for deposit of the fee in the motor vehicle highway account.
Date Action
01/07/2009 S: 1st Reading Assigned Homeland Security and Transportation & Veterans Affairs SB0070 Taxation of military retirement benefits. (Delph) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Increases the adjusted gross income tax deduction for military retirement or survivor's benefits from $5,000 to $10,000 beginning in 2009, $15,000 beginning in 2011, and $25,000 beginning in 2013. Provides a total exemption beginning in 2015.
Date Action
01/22/2009 S: Co Author Added John E. Broden SB0076 Solid waste management district funding sources. (Gard) Bill Tracks: Sarah, Council, Commissioners, Env/Land Use
Digest
For a calendar year after 2009, allows a solid waste management district to impose property taxes and district solid waste management fees only if the district board holds a public hearing in the immediately preceding calendar year and then approves the taxes and fees by a majority vote of all members of the board. Requires consolidation of public hearings if imposition of both property taxes and fees is proposed.
Date Action
02/10/2009 S: Committee Sched 9:00 AM Room 431 Tax and Fiscal Policy SB0077 Allen circuit court. (Kruse) Bill Tracks: Sarah, Commissioners, Courts
Digest
Allows the judge of the Allen circuit court to appoint a second full-time magistrate. Removes the judge's authority to appoint a hearing officer: (1) who has the powers of a magistrate; and (2) whose salary is paid by the county.
Date Action
02/12/2009 S: Committee Sched 9:00 AM Room 431 Appropriations SB0078 Prosecuting attorneys retirement fund issues. (Kruse) Bill Tracks: Clerks, Sarah, Courts
Digest
Defines "salary", for purposes of computing a retirement benefit, to include the total salary paid to a participant in the prosecuting attorneys retirement fund (fund) by the state and by a county or counties. Caps at $5,000, for purposes of the total salary used to compute a retirement benefit, the additional amount paid to a chief deputy prosecuting attorney by a county or counties. Eliminates contributions for a participant with at least 22 years of creditable service. For a participant who applies for a retirement benefit after November 30, 2010, bases the computation of the annual retirement benefit on the salary being paid for the office with the highest annual salary that the participant held before or at the time of the participant's separation from service. (Currently, the computation is based on the highest annual salary that was paid to the participant before separation from service.) Reduces from 0.25% to 0.10% per month the reduction factor for a retirement benefit computed for a participant who retires before 65 years of age. Provides a prorated retirement benefit for partial years of service. Makes changes to the fund's disability benefit by: (1) eliminating the minimum service required to receive a disability benefit; (2) redefining "disability"; and (3) increasing the salary percentages used to compute a disability benefit to equal the percentages used by the judges' retirement system for the same years of service. Increases the minimum annual survivor benefit from $7,000 to $12,000. Provides that benefit increases paid in state fiscal years beginning after June 30, 2011, are equal to the percentage by which the salary being paid for the office with the highest salary that the participant held before or at the time of the participant's separation from service increases. Increases the court administration fee from $5 to $7 for all courts except the Marion County small claims court, and directs that the additional amount be paid into the fund. (The introduced version of this bill was prepared by the pension management oversight commission.)
Date Action
02/12/2009 S: Committee Sched 9:00 AM Room 431 Appropriations SB0082 Minimum retirement age. (Walker) Bill Tracks: Clerks, Surveyors, Recorders, Coroners, Assessors, David, Auditors, Treasurers, Council, Commissioners, Administration, Highway/Engineer
Digest
Eliminates the requirement that members of the public employees' retirement fund (PERF) who retire under the "rule of 85" must be at least 55 years of age.
Date Action
02/03/2009 S: Co Author Added John M. Waterman SB0091 Bias crimes. (Lanane) Bill Tracks: Andrew, Public Safety
Digest
Requires law enforcement officers to receive training in identifying, responding to, and reporting bias crimes. Allows an individual who suffers a personal injury or property damage caused by a criminal offense to bring a civil action to recover damages, including punitive damages, if the person who committed the offense knowingly or intentionally selected the victim because of: (1) the victim's actual or perceived color, creed, disability, national origin, race, religion, sexual orientation, gender identity, sex, or homelessness; or (2) the actual or perceived color, creed, disability, national origin, race, religion, sexual orientation, gender identity, or sex of an individual affiliated or associated with the victim. Makes commission of a crime because of: (1) the victim's actual or perceived color, creed, disability, national origin, race, religion, sexual orientation, gender identity, sex, or homelessness; or (2) the actual or perceived color, creed, disability, national origin, race, religion, sexual orientation, gender identity, or sex of an individual affiliated or associated with the victim; an aggravating circumstance that may be considered by a judge when the judge imposes a sentence for the crime. Defines "homeless individual".
Date Action
01/12/2009 S: Co Author Added Greg Taylor SB0093 Limit sales tax on gasoline. (M. Young) Bill Tracks: Andrew, Transportation
Digest
Provides that the amount of sales tax collected on gasoline or diesel fuel may not exceed the amount of sales tax collected when the pump price is $3 per gallon. Makes conforming changes.
Date Action
01/07/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0094 Taxation of civil service annuities. (Lewis) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Provides a 100% income tax deduction for civil service annuity income received by an individual or the individual's surviving spouse. Phases in the deduction over five years.
Date Action
01/07/2009 S: 1st Reading Assigned Appropriations SB0097 Limit on real property assessment increases. (Lawson) Bill Tracks: Andrew, Assessors, Finance/Tax/Assess
Digest
Limits the annual increase in the gross assessed value of real property to 10% unless the increase results from a factor that would have increased the assessed value even if neither an annual assessment adjustment nor a general assessment applied.
Date Action
01/08/2009 S: 2nd Author Added Marlin Stutzman SB0100 Power of attorney for decedent's body. (Mishler) Bill Tracks: Coroners, Sarah
Digest
Requires a power of attorney to specifically grant the attorney in fact the power to determine: (1) performance of an autopsy; (2) disposition of the body; and (3) anatomical gifts; for the attorney in fact to possess those powers. Makes conforming amendments.
Date Action
01/07/2009 S: 1st Reading Assigned Corrections, Criminal, and Civil Matters SB0101 Campus crime; notice to law enforcement. (Simpson) Bill Tracks: Andrew, Public Safety
Digest
Requires police officers appointed by private institutions of higher education or by state educational institutions to report certain offenses alleged to have occurred on campus to the law enforcement agency that has jurisdiction over the area adjacent to the campus and to cooperate and assist in the investigation of the alleged offenses.
Date Action
01/07/2009 S: 1st Reading Assigned Corrections, Criminal, and Civil Matters SB0120 Health coverage commission. (Simpson) Bill Track: Andrew
Digest
Establishes a health coverage commission to evaluate and make recommendations before January 1, 2010, concerning implementation of a health coverage system to ensure availability of health coverage to every Indiana resident.
Date Action
01/07/2009 S: 1st Reading Assigned Health and Provider Services SB0121 Automated record keeping fee. (Bray, Lanane) Bill Tracks: Clerks, Sarah, Courts
Digest
Provides that in all civil, criminal, infraction, and ordinance violation actions, the clerk of the court shall collect an automated record keeping fee in the following amounts: (1) $7 before July 1, 2009. (2) $10 after June 30, 2009, and before July 1, 2013. (3) $7 after June 30, 2013. (The introduced version of this bill was prepared by the commission on courts.)
Date Action
02/12/2009 S: Committee Sched 9:00 AM Room 431 Appropriations SB0122 Various provisions concerning courts. (Bray, Lanane) Bill Tracks: Clerks, Sarah, Council, Commissioners, Courts
Digest
Repeals laws concerning the establishment and operation of county courts. (As of January 1, 2009, no county court will exist in Indiana.) Makes conforming amendments. Removes references to municipal courts. (Municipal courts ceased to exist on January 1, 1996.) Makes conforming amendments. Allows a person to participate in a court established alcohol and drug service program if the person is: (1) arrested for a misdemeanor or felony; or (2) referred to the program by another court, a probation department, the department of correction, the Federal Bureau of Prisons, the division of mental health and addiction, a prosecuting attorney's office, or pretrial services. Allows former holders of a judicial office who served at least four consecutive years as a judge or justice to serve as private judges. (Current law allows only former judges of circuit, superior, criminal, probate, municipal, or county courts to serve as private judges.) Allows domestic relations cases to be assigned to private judges. (The introduced version of this bill was prepared by the commission on courts.)
Date Action
01/26/2009 S: Co Sponsor Added Linda Lawson SB0125 Income tax credit. (Waltz) Bill Tracks: Andrew, Council, Finance/Tax/Assess
Digest
Provides a refundable adjusted gross income tax credit for charitable donations to public or private elementary schools or high schools located in Indiana. Provides that the maximum individual taxpayer credit is $1,000 in the case of a single return or $2,000 in the case of a joint return. Provides that the maximum corporate taxpayer credit is the greater of 10% of the corporation's total adjusted gross income tax liability or $10,000.
Date Action
01/07/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0127 Military veteran exemption from licensing fees. (Delph) Bill Tracks: Andrew, Council, Finance/Tax/Assess
Digest
Repeals a provision that exempts a county having a consolidated city from the veterans' fee exemption.
Date Action
01/07/2009 S: 1st Reading Assigned Local Government SB0128 Phased-in reduction in state income tax rates. (Buck) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Provides for a reduction of the adjusted gross income tax rates that apply to resident, nonresident, and corporate taxpayers in an even-numbered year by 0.1% if revenues collected from the adjusted gross income tax in the immediately preceding two state fiscal years increased by at least 3%. Limits the permissible total decrease in tax rates to 0.5%.
Date Action
01/07/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0139 Various election matters. (Landske) Bill Track: Clerks
Digest
Makes the following changes to the election law: (1) Restates county reimbursement procedures for attending the annual election administrators' conference. (2) Specifies the contents of statewide voter registration system reports. (3) Specifies certain procedures in connection with voter list maintenance, and updates procedures for address changes of voter registration records in the statewide voter registration system. (4) Permits a county voter registration office to return to a candidate for President of the United States, United States Senator, or governor, after the petition is certified, an original petition that accompanies a declaration of candidacy. (5) Changes several dates concerning the certification of ballot questions and devices to conform to the date in current law for the certification of candidates. (6) Permits the dissolution of a committee without the waiver of outstanding civil penalties previously imposed on the committee, and specifies that the chairman or treasurer of the committee remains liable for any committee debts. (7) Requires that county voter registration records be updated not later than 60 days after election day or after completion of a recount or contest. (8) Allows an overseas voter to transmit an absentee ballot application by electronic mail. (9) Revises precinct boundary change procedures. (10) Provides that the voting system technical oversight program account is nonreverting. (11) Provides that voters who reside within the area of a municipality located in a vote center pilot county may vote using vote center pilot county procedures. (12) Amends provisions concerning candidate ballot vacancy procedures. (13) Repeals obsolete references concerning voting instructions, paper ballots, and special polling places .
Date Action
02/05/2009 S: Co Author Added Frank Mrvan, Jr. SB0172 Electronic recording of custodial interrogations. (Tallian) Bill Tracks: Andrew, Public Safety
Digest
Requires state and local law enforcement agencies to record electronically custodial interrogations of suspects during felony investigations conducted after June 30, 2010. 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.
Date Action
01/07/2009 S: 1st Reading Assigned Corrections, Criminal, and Civil Matters SB0174 Repossession of motor vehicles. (Arnold, Charbonneau, Herrell) Bill Tracks: Andrew, Public Safety
Digest
Provides that a person who repossesses a motor vehicle or watercraft must, either before repossessing the motor vehicle or watercraft or not later than one hour after repossessing the motor vehicle or watercraft, provide a law enforcement agency with: (1) the identity of the repossession agent; (2) a description of the motor vehicle or watercraft; (3) the name and address of the person believed to be in possession of the motor vehicle or watercraft (or believed to have been in possession of the motor vehicle or watercraft); and (4) the address where the motor vehicle repossession agent found the motor vehicle or watercraft, or believes that the motor vehicle or watercraft will be found. Makes failure to notify a Class C infraction.
Date Action
02/02/2009 S: Co Sponsor Added Greg Steuerwald SB0176 Office of performance review. (Zakas) Bill Tracks: Andrew, Administration
Digest Establishes the office of performance review within the state board of accounts.
Date Action
01/07/2009 S: 1st Reading Assigned Commerce and Public Policy & Interstate Cooperation SB0177 Fees for fire or other emergency services. (Zakas, Stutzman) Bill Tracks: Andrew, Council, Commissioners, Public Safety
Digest
Provides that a paid or volunteer fire department may impose a service charge on the operator of a toll road project for certain fire or other emergency protection services that the paid or volunteer fire department provides on the toll road project.
Date Action
02/05/2009 S: Co Author Added Karen Tallian SB0179 Annexation. (Buck, Gard) Bill Tracks: David, Council, Commissioners, Finance/Tax/Assess
Digest
Provides that a waiver or release of the right of remonstrance against annexation effective after June 30, 2009, expires ten years after the date the waiver or release is executed. Provides that in determining a municipality's levy limits for a particular ensuing calendar year, the cap on increased assessed value applies to all annexations of a municipality occurring in the particular ensuing calendar year. Reduces the number of signatures required on an annexation remonstrance petition from at least 65% of the owners of land in the annexed territory to at least 51% of the owners of land in the annexed territory. With certain exceptions: (1) requires a municipality to amend an annexation ordinance or fiscal plan before the public hearing on the annexation; and (2) prohibits a municipality from amending an annexation ordinance or fiscal plan after the public hearing on the annexation. Provides that if it is consistent with the municipality's policy of providing capital services to areas within the corporate boundaries, a municipality may provide less than all of the capital services to areas within the annexed territory.
Date Action
01/15/2009 S: Author Added Beverly J. Gard SB0180 Candidate challenges. (Lanane) Bill Tracks: Clerks, Sarah, Elections
Digest
Provides that a candidate's qualifications for, or election to, a public office may not be challenged in an action based on the same grounds that a challenge to the candidate's eligibility, qualifications, nomination, or election was made or could have been made under Indiana's election statutes. Allows a candidate who was first declared nominated or elected to a local or school board office ten days to file a petition to contest the nomination or election of another candidate following a recount.
Date Action 01/07/2009 S: 1st Reading Assigned Elections SB0182 Criminal history checks. (Lubbers) Bill Tracks: David, Public Safety
Digest
Exempts a postsecondary educational institution from paying a fee for a limited criminal history record of a student in the institution's school of education before the student begins the student's field or classroom experience. Requires an expanded criminal history background check for a person seeking to obtain or renew a teaching license or certificate.
Date Action
01/07/2009 S: 1st Reading Assigned Judiciary SB0184 Consolidation of dispatch centers. (Mrvan) Bill Tracks: David, Public Safety
Digest
Provides that a public safety agency located in a county that has consolidated public safety answering points (PSAPs) as required by law may not duplicate an emergency dispatch function performed by the remaining PSAPs located in the county.
Date Action
01/07/2009 S: 1st Reading Assigned Local Government SB0187 Tax assessment of land affected by flooding. (Deig) Bill Tracks: Andrew, Assessors
Digest
Upon the filing of a petition in a calendar year by the owner of real property permanently flooded or rendered inaccessible by flooding, requires adjustment of property taxes payable in the calendar year and reassessment of the property for future years in which the flooding continues. Applies the reassessment provision to flooding that occurs after March 1, 2008. Authorizes a refund if property taxes are paid based on the assessment that applied before the reassessment.
Date Action
01/14/2009 S: Co Author Added Frank Mrvan, Jr. SB0198 Redistricting commission. (Delph) Bill Tracks: Sarah, Andrew, David
Digest
Establishes a redistricting commission to create, hold hearings on, take public comment about, and recommend plans to redraw general assembly districts and congressional districts. Requires the legislative services agency (agency) to provide staff and administrative services to the commission. Establishes standards to govern the commission and the agency in the creation of redistricting plans. Provides that a person employed by the agency or under contract with the agency may not knowingly or intentionally use political data in the creation or evaluation of a redistricting plan. Provides that a person may not knowingly or intentionally solicit, aid, induce, or cause a person employed by the agency or under contract with the agency to use political data in the creation or evaluation of a redistricting plan. Makes a violation of these restrictions a Class D felony. Provides that if the Constitution of the State of Indiana does not require the general assembly to establish legislative districts, the commission's recommendations for legislative plans define those districts. Provides that, if the Constitution requires the general assembly to establish the districts, the general assembly must meet and enact redistricting plans before October 1 of a redistricting year. Authorizes the general assembly to convene in a session to act on redistricting bills at times other than the times the general assembly is currently authorized to meet. Repeals the current law relating to congressional redistricting. Appropriates from the state general fund the amounts necessary to pay the expenses of implementing the statute.
Date Action
01/14/2009 S: Co Author Added Marlin Stutzman SB0201 State energy policy. (Gard, Merritt, Stutzman) Bill Tracks: Commissioners, Econ. Dev., Env/Land Use
Digest
Authorizes the utility regulatory commission to determine the applicability of local zoning requirements to certain public utilities. Requires the economic development corporation, in conjunction with the utility regulatory commission, to allow the recovery of reasonable and necessary costs incurred by a public utility in connection with a green infrastructure project that provides electric or gas service to or receives electric or gas service from an alternate energy production facility.
Date Action
02/05/2009 S: Author Added Marlin Stutzman SB0206 Removal of property from tax sale. (Randolph) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
For tax sales after June 30, 2009, and before July 1, 2010, removes real property (other than real property classified as industrial property under the rules of the department of local government finance) from the tax sale and cancels penalties and costs if delinquent taxes and special assessments are paid before the sale.
Date Action
01/07/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0207 Personal property tax returns. (Randolph) Bill Tracks: Andrew, Auditors
Digest
Provides that a taxpayer is entitled to an extension of not more than 90 days to file a property tax return if: (1) the taxpayer submits a written application for an extension prior to the filing date; and (2) the taxpayer is prevented from filing a timely return because of sickness, absence from the county, or any other good and sufficient reason. (Current law gives local assessors the discretion to grant 30 day extensions under the same circumstances.)
Date Action
01/15/2009 S: 2nd Author Added Greg Walker SB0208 Filing date for amended property tax return. (Randolph) Bill Tracks: Andrew, Auditors
Digest
Provides that a taxpayer may file an amended property tax return not later than three years after the later of: (1) the filing date for the original personal property tax return; or (2) the extension date for the original personal property tax return, if the taxpayer is granted an extension.
Date Action
01/07/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0209 Public inspection of provisional ballot materials. (M. Young) Bill Tracks: Clerks, Sarah, Elections Position: Oppose
Digest
Requires that election material related to provisional ballots (excluding the provisional ballots themselves) be made available for copying and inspection under the access to public records law in the same manner as other election material.
Date Action
02/09/2009 S: Committee Sched 10:00 AM Room 130 Elections SB0211 City and town courts. (Randolph) Bill Tracks: Sarah, Courts
Digest
Requires the judge of a city or town court to be an attorney in good standing admitted to the practice of law in Indiana. Allows a person who is: (1) a judge of a city or town court serving on June 30, 2009; and (2) not an attorney in good standing admitted to the practice of law in Indiana; to continue to serve only for the remainder of the person's term. Repeals a superseded provision concerning qualifications for town court judges. Provides that: (1) the city courts and town courts in Lake County; and (2) the city court in a second class city; have original and concurrent civil jurisdiction with the circuit court and superior courts of the county in which the city and town courts are located over: (A) civil actions in which the amount sought or value of the property sought to be recovered is not more than $6,000; (B) possessory actions between landlord and tenant in which the rent due at the time the action is filed does not exceed $6,000; and (C) emergency possessory actions between a landlord and tenant. Provides that a city court in a second class city is a court of record.
Date Action
01/07/2009 S: 1st Reading Assigned Judiciary SB0213 Assessment of real property. (Randolph) Bill Tracks: Andrew, Assessors, Finance/Tax/Assess Digest
Beginning with the general reassessment of real property that takes effect for the assessment date in 2011, provides that general reassessments occur every nine years instead of every five years. Provides that real property assessment adjustments done annually under current law will occur every three years between general reassessments. Corrects internal references.
Date Action
01/07/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0220 Annexation. (Gard) Bill Track: Andrew
Digest
Provides, with certain exceptions, that when a municipality initiates an annexation, the municipality must file a petition with the court containing the signatures of: (1) at least 75% of the landowners in the territory proposed to be annexed; or (2) the owners of more than 75% in assessed valuation of the land in the annexed territory. Provides that, if the court finds that the petition has a sufficient number of signatures, a hearing will be conducted to review the annexation and fiscal plan. Allows a person to intervene as a party at the hearing to review the annexation and fiscal plan if: (1) the person is an owner of property in the territory; (2) the person, and no other owner of the property have signed the petition filed by the municipality; and (3) the person appeared at the hearing conducted by the municipality on the annexation ordinance or submitted a remonstrance or other document into the record of the hearing. Eliminates a procedure that requires the court to order an annexation not to take place if certain circumstances are shown. Removes provisions allowing a municipality to obtain waivers of a landowner's right to remonstrate against an annexation. Provides that in all circumstances an annexation becomes effective when the ordinance or judgment is filed by the municipal clerk.
Date Action
01/07/2009 S: 1st Reading Assigned Local Government SB0221 Confined animal feeding. (Gard, Deig) Bill Tracks: David, Commissioners, Env/Land Use
Digest
Defines "applicant" and "responsible party" for purposes of confined feeding control statutes. Specifies that those statutes apply to both confined feeding operations (CFOs) and concentrated animal feeding operations (CAFOs). Makes the confined feeding control statute part of the defined term "environmental management laws". Establishes good character disclosure requirements for CFOs and CAFOs. Allows the department of environmental management to review and act on disclosed good character information. Applies certain provisions of the act to pending confined feeding projects.
Date Action
02/02/2009 S: Committee Sched 10:00 AM Room 233 Energy and Environmental Affairs SB0230 Energy savings contracts. (Deig) Bill Tracks: Andrew, Commissioners, Administration Digest
Provides that in the case of a political subdivision that enters into an installment payment contract for certain conservation measures, the installment payments may not exceed the lesser of 15 years (rather than 10 years under current law) or the average life of the conservation measure.
Date Action
01/07/2009 S: 1st Reading Assigned Energy and Environmental Affairs SB0232 Public access issues. (Gard, Mrvan) Bill Tracks: Andrew, Administration
Digest
Requires a public agency to give notice of the agency's meetings to any person who makes an annual request for notice. Allows a court to assess a civil penalty of up to $1,000 against each of the following for violating the public records law or the open door law: (1) The officer of a public agency. (2) Employee of a public agency. (3) The public agency. Requires (rather than allows) a court to review public records in camera to determine whether redaction of the records violates the public records act. If a formal complaint is filed, requires the public access counselor to review public records in camera to determine whether redaction of the records violated the access to public records act. Creates an education fund for a program administered by the public access counselor to train public officials and educate the public on the rights of the public and the responsibilities of public agencies under the public access laws. Makes a continuous appropriation.
Date Action
01/28/2009 S: Committee Sched 2:30 PM Room 130 Local Government SB0234 Public safety funding. (Buck) Bill Tracks: Andrew, David, Public Safety, Finance/Tax/Assess
Digest
Eliminates the authority of a political subdivision to impose a property tax for public safety services. Imposes a public safety service fee instead of the property tax. Allows the imposition of an impact fee for capital improvements for public safety purposes. Requires a property insurer to pay a fire department reimbursement provided in a policy in response to the property owner's claim against the insurer. Allows a fire department to charge the property owner if the reimbursement is not paid.
Date Action
01/07/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0235 Stay away orders. (Merritt) Bill Tracks: Clerks, Sarah, Courts
Digest
Requires the division of state court administration to develop and adopt stay away orders. Provides that a person who violates a stay away order as a condition of pretrial release or as a condition of probation commits invasion of privacy. Provides that a protective order includes a stay away order for purposes of the protective order depository. Imposes duties on the clerk of a court and for law enforcement agencies concerning stay away orders. Provides that a court may issue a stay away order as a condition of bail or probation. Provides that a court may consider the violation of a stay away order as an aggravating circumstance.
Date Action
01/07/2009 S: 1st Reading Assigned Judiciary SB0240 Public works procedures. (Merritt) Bill Tracks: Andrew, Commissioners, Administration
Digest
Amends the statute governing local public works projects to state that a political subdivision or its agencies may: (1) participate in a utility efficiency program or may enter into a guaranteed savings contract as provided by law; and (2) enter into a design-build contract as permitted by law instead of awarding a public works contract. Provides that a "conservation measure" includes installation of insulation in a political subdivision's facility. (Under current law, the definition of "conservation measure" includes only insulation of school facilities.)
Date Action
01/29/2009 S: Committee Sched 9:00 AM Room 233 Utilities & Technology SB0242 Notice of lobbyist contact with legislators/staff. (Delph) Bill Tracks: Sarah, Andrew, David
Digest
Requires a lobbyist to file weekly legislative contact reports with the lobby registration commission. Requires a legislative contact report to contain: (1) the name of each member of the general assembly, officer of the general assembly, or employee of the general assembly with whom the lobbyist has had any communication to influence any legislative action; (2) whether the lobbyist communicated with the governor or any member of the staff of the office of the governor regarding any legislative action; and (3) for each identified communication, the date and time of the communication and the nature of the legislative action that was the subject of the communication. Requires legislative contact reports to be filed electronically and be available online the next day after the reports are required to be filed.
Date Action
01/07/2009 S: 1st Reading Assigned Rules and Legislative Procedure SB0243 Reduction of sales and use tax rate. (Delph) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Reduces the state gross retail and use tax rate from 7% to 6% effective January 1, 2011, if the joint resolution adopted by the 115th general assembly that proposes a constitutional amendment on property tax matters is not agreed to by the 116th general assembly before November 3, 2010. Makes corresponding changes.
Date Action
01/07/2009 S: 1st Reading Assigned Appropriations SB0245 County clerk liability. (Lawson) Bill Tracks: Clerks, Sarah
Digest
Provides that a circuit court clerk is not personally liable for acts or omissions in the performance of the clerk's duties absent gross negligence or intentional disregard of the responsibilities of the office of clerk.
Date Action
01/07/2009 S: 1st Reading Assigned Corrections, Criminal, and Civil Matters SB0246 State board of accounts matters. (R. Young, Lawson, Michael) Bill Tracks: Clerks, Surveyors, Recorders, Coroners, Sarah, Andrew, Assessors, David, Auditors, Treasurers, Commissioners, Administration
Digest
Increases the amount of the surety bond that must be filed by various local government officials. Provides that the increased amount only applies to contract entered into after December 31, 2009. Eliminates the $300,000 maximum on the amount of the surety bond for certain local government officials. Provides that the periodic financial reports filed by state and local government entities with the state examiner of the state board of accounts (SBOA) must be filed electronically. Removes certain restrictions on the payment of travel expenses to field examiners of the SBOA for assignments within their county of residence. Permits the governing body of a public agency to conduct an executive session for purposes of meeting with the SBOA in an entrance conference or exit conference during the audit process. Repeals a statute requiring the SBOA to implement and administer a method to be used by the state to conduct authenticated electronic transactions using digital signatures. Makes conforming changes to reflect the repeal of the digital signature statute.
Date Action
01/27/2009 S: Co Sponsor Added Kathy Kreag Richardson SB0250 Bail. (Wyss, Broden) Bill Tracks: Clerks, Sarah, Courts
Digest
Specifies that fees collected from a defendant admitted to bail that are deposited in the special death benefit fund are in addition to and not considered part of the defendant's bail. Increases the fees from $5 to $10.
Date Action
01/13/2009 S: Author Added John E. Broden SB0253 Property ownership information. (Breaux) Bill Tracks: Recorders, Sarah Digest
Provides that the legislative body of a county may adopt an ordinance requiring an owner of real property to provide certain information to the county recorder when an instrument of title to real property located in the county is recorded. Specifies that if such an ordinance is adopted: (1) the address and telephone number of each owner of the real property must be provided to the county recorder if the address of the owner is different from the address of the real property; (2) in the case of an owner that is not an individual, the name, address, and telephone number of an individual who is an officer, employee, director, member, trustee, or manager of the owner and who is authorized to accept any service of process, order, demand, or other notice must be provided to the county recorder; and (3) in the case of an owner who is a nonresident individual, the name, address, and telephone number of the owner must be provided to the county recorder. Provides that if this information becomes outdated or becomes inaccurate, the owner of the property must update the information within 30 days after the information becomes outdated or inaccurate. Provides that if this information is not provided or updated as required, any notice concerning the real property that is sent by the state or a political subdivision to the individual and address most recently provided to the county recorder is considered to be sufficient notice to all owners of the real property.
Date Action
01/07/2009 S: 1st Reading Assigned Local Government SB0254 Military identification cards as voter ID. (Breaux) Bill Tracks: Clerks, Sarah, Elections Position: Support
Digest
Provides that an identification document issued by the Department of Defense, a branch of the uniformed services, the Merchant Marine, or the National Guard that has no expiration date or an indefinite expiration date is an acceptable proof of identification for voting.
Date Action
02/09/2009 S: Committee Sched 10:00 AM Room 130 Elections SB0256 Absentee voting. (Breaux) Bill Tracks: Clerks, Sarah, Elections
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
01/07/2009 S: 1st Reading Assigned Elections SB0264 Election day per diem. (Kruse) Bill Tracks: Clerks, Sarah, Elections Position: Oppose Digest
For elections conducted after December 31, 2009, increases the election day per diem for precinct election officers by at least $20 over the per diem paid for elections conducted before January 1, 2010.
Date Action
01/08/2009 S: 2nd Author Added Ryan D. Mishler SB0266 Public safety chaplain death benefit. (Kruse) Bill Tracks: Andrew, Public Safety
Digest
Adds certain requirements for a chaplain to qualify for a special death benefit. Provides that chaplains appointed or designated prior to July 1, 2009, are not subject to the additional requirements. (The introduced version of this bill was prepared by the pension management oversight commission.)
Date Action
01/08/2009 S: 2nd Author Added Ryan D. Mishler SB0270 Occupational certification requirements. (Wyss, Arnold, Tincher) Bill Track: Public Safety
Digest
Amends various provisions concerning certification and licensing requirements for: (1) emergency medical dispatchers and dispatch agencies; (2) regulated amusement device inspectors; and (3) boiler and pressure vessel inspectors. Deletes obsolete provisions. Repeals provisions concerning certification requirements for emergency medical dispatchers and dispatch agencies.
Date Action
02/02/2009 S: Co Sponsor Added Tom Dermody SB0285 Property tax payments. (Holdman, Lehman) Bill Track: Andrew
Digest
Permits a county legislative body to authorize the transmission by electronic mail of property tax statements and related information. Charges the county treasurer and county auditor with the administration of the program. Requires the designation of a single electronic mail address for joint owners and entities other than individuals. If the electronic mail is not received, requires the county treasurer to mail a hard copy of the statement. Directs the department of local government finance to create a form for taxpayers to authorize the transmission by electronic mail. Allows for automatic deductions of payments for property taxes and special assessments from any account held by a financial institution, not just from a checking account. Requires a county to distribute to political subdivisions in the county at the normal semiannual distribution date revenue from monthly installment property tax collections. Date Action
01/29/2009 S: Co Sponsor Added Joe Pearson SB0316 Penalties imposed by public access counselor. (Mrvan) Bill Tracks: Clerks, Surveyors, Recorders, Coroners, Andrew, Assessors, Auditors, Treasurers, Commissioners, Administration
Digest
Establishes an education fund to fund programs to train public officials and educate the public on the rights of the public and the responsibilities of public agencies under the public access laws. Allows the public access counselor to assess civil penalties against a public agency for violating the public records law. Requires any civil penalties collected to be deposited in the education fund. Allows the public access counselor to obtain an administrative subpoena to compel production of public records denied by a public agency, if the public access counselor determines that the records were wrongfully withheld.
Date Action
01/08/2009 S: 1st Reading Assigned Commerce and Public Policy & Interstate Cooperation SB0317 Assessment of property damaged by a disaster. (Mrvan) Bill Tracks: Andrew, Assessors, Auditors, Finance/Tax/Assess
Digest
Establishes qualifications and procedures for property tax relief for damage caused by a disaster. Repeals current provisions concerning disaster relief.
Date Action
01/08/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0318 Adjustment of assessed values. (Mrvan) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Provides that biennial adjustments of the assessed value of real property apply beginning with the March 1, 2010, assessment date. Specifies that the last annual adjustment shall be applied to adjust assessed values for the March 1, 2008, assessment date, and that assessed values shall not be adjusted for the March 1, 2009, assessment date.
Date Action
01/08/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0329 Amending personal property tax returns. (Walker) Bill Tracks: Andrew, Auditors
Digest
Extends the filing period for an amended personal property tax return from six months to 12 months.
Date Action
01/08/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0338 Contributions to PERF pension benefit. (Kruse) Bill Tracks: David, Administration
Digest
Provides that a member of the public employees' retirement fund may choose at retirement to make a contribution to the pension portion of the member's retirement benefit using all or a part of the amount credited to the member in the annuity savings account.
Date Action
01/13/2009 S: 2nd Author Added Ryan D. Mishler SB0340 Renewable biomass fuel for motor vehicles. (Kruse) Bill Tracks: David, Commissioners, Administration, Highway/Engineer
Digest
Requires local governments to use a fuel in their diesel fuel vehicles that is at least 5% diesel substitute fuel instead of 100% petroleum based diesel fuel. Creates an inspection and certification program administered by the department of agriculture with the assistance of the department of environmental management and the state department of health. Provides that substitute diesel fuel is fuel that is made with renewable biomass products, contains no sulfur or aromatics, results in a substantial reduction of unburned hydrocarbons, carbon monoxide, and particulate matter, and yields at least a 50% reduction in lifecycle greenhouse gas emissions per unit of delivered energy in comparison to traditional diesel fuel. Phases in the requirement over four years by requiring fuel that is 2% substitute diesel fuel beginning July 1, 2011, 3% beginning July 1, 2012, 4% beginning July 1, 2013, and 5% beginning July 1, 2014. Allows the department of agriculture to delay implementation for certain reasons. Establishes an interim study committee to study the feasibility and effectiveness of various forms of incentives to promote the development and use of diesel substitute fuel in Indiana.
Date Action
02/02/2009 S: Committee Sched 10:00 AM Room 233 Energy and Environmental Affairs SB0344 Restoration of county offices of family resources. (Becker) Bill Track: Sarah
Digest
Eliminates authority of the division of family resources to replace county offices with regional offices. Replaces references to "local office" and "local director" with "county office" and "county director". Repeals definitions of "local office" and "local director".
Date Action
02/05/2009 S: Co Author Added Robert J. Deig SB0348 Library services planning. (Gard) Bill Tracks: Sarah, Andrew, David
Digest
Requires the Indiana library and historical board to adopt emergency rules not later than July 1, 2009, establishing statewide library standards for the delivery of library service to every resident of Indiana. Establishes a public library service planning committee (committee) in each county (excluding a county having a consolidated city) to prepare a library services plan for the county. Provides for the following library service models for a county: (1) A consolidated countywide system. (2) A consolidated system of two or more counties. (3) Two or more independently governed library systems within a county. Requires the state library to conduct regional training sessions to educate the committees on the planning process and library service models. Provides that if a county is served by a countywide public library system, the county's planning committee is not required to make a library service model determination. Specifies that if a planning committee determines that a library service model other than a consolidated countywide public library system should be used, the committee must include in the plan the committee's specific findings and explanation concerning why: (1) the chosen library service model is preferable; and (2) the chosen library service model will result in the delivery of better library services than would result under a consolidated countywide public library system. Specifies that a planning committee may not approve a library services plan unless the plan provides for library services to all areas of the county. Provides that if a planning committee determines that there are areas in the county that are underserved by the public library systems, the planning committee must consider the option of having a public library enter into an interlocal agreement with one or more school corporations in the county to allow the public library to use the school buildings of the school corporation to better serve the underserved areas. Provides that a library services plan may change the number of appointments that may be made by an appointing person or entity to the library board of a library covered by the plan. Specifies that the plan may not change the total number of appointments that may be made to the library board or the persons or entities that make the appointments to the library board. Requires the state library and the office of management and budget to assist the counties in preparing and implementing the plan, obtaining grants and funding the plan. Requires the committee to conduct a public hearing and consider public testimony when the committee has prepared the plan. Requires the committee to submit the plan to the state library not later than July 1, 2010. Provides that if a committee fails or is unable to adopt a plan, the state library shall prepare and adopt a plan to be implemented in the county. Requires the state library to review a plan to ensure that the plan meets the statewide standards and approve it before the plan may be implemented. Requires libraries in each county to reorganize according to the plan adopted for the county. Provides that a plan approved by the state library and any reorganization or consolidation under the plan takes effect January 1, 2012. Provides that if a plan provides that two or more public library systems shall be consolidated into one remaining public library system, no library operated by any of the public library systems that are consolidated may be closed during the three years following the effective date of the plan. Beginning January 1, 2013, requires the state library to annually report to the general assembly and the governor on the implemented plans and the plan budgets. Provides that (in addition to Hancock County, under current law) a county for which a library services plan has been approved and is in effect and that does not contain more than two public library districts may adopt an ordinance designating county economic development income tax (CEDIT) revenue for replacement of public library property taxes in the county. Allows a county to adopt an ordinance only if all territory in the county is included in a library district. Provides that the maximum amount that may be used for library property tax replacement purposes is the amount of revenue generated by a CEDIT rate of 0.15%. Provides that a public library may receive the public library property tax replacement credits under this provision only if the library has entered into reciprocal borrowing agreements with all other public libraries in the county.
Date Action
02/12/2009 S: Committee Sched 9:00 AM Room 431 Appropriations SB0351 Barrett Law funding for retention pond barriers. (Bray) Bill Tracks: Surveyors, Sarah, Public Safety, Env/Land Use
Digest
Specifies that Barrett Law funding may be used to finance a mound, guardrail, barrier, or other structure necessary or useful to: (1) limit access by children to a retention pond; or (2) reduce the likelihood that a vehicle will enter a retention pond. Provides that if such an improvement is constructed under the Barrett Law within a platted subdivision, the works board may assess all or part of the lots in that subdivision for the improvement.
Date Action
02/03/2009 S: 2nd Reading Order Engrossed SB0353 Recovery of public money. (Bray, Lanane) Bill Tracks: Andrew, Administration
Digest
Authorizes an examiner to file a report with the state examiner and the attorney general promptly disclosing certain instances of nonfeasance, misfeasance, or malfeasance in the performance of an official duty by a state officer or employee or the letting or performance of a public contract. Permits the attorney general and other persons acting on behalf of the state, a municipal corporation, a political subdivision, or a school corporation to institute attachment proceedings under certain circumstances. Makes other changes and conforming amendments.
Date Action
02/05/2009 S: Co Author Added Frank Mrvan, Jr. SB0358 Court fees. (Lanane) Bill Tracks: Clerks, Sarah, Courts Position: Support?
Digest
Makes a defendant found to have committed an infraction for failure to wear a safety belt liable for a $25 safety belt enforcement fee. Makes a technical correction.
Date Action
01/08/2009 S: 1st Reading Assigned Judiciary SB0363 Pickup trucks in road funding formula. (Stutzman) Bill Tracks: Andrew, Commissioners, Transportation, Highway/Engineer
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, 2009.
Date Action
01/14/2009 S: Co Author Added Robert J. Deig SB0365 Various department of child services matters. (Lawson) Bill Tracks: Andrew, Administration, Finance/Tax/Assess
Digest
Provides that the department of child services (DCS) is responsible for the cost of treatment or maintenance of a child under DCS's supervision only if the costs are reimbursable under the state Medicaid program. Changes references from the family and social services administration to the department of child services. Corrects references from the county office of family and children to the local office of DCS. Changes references from caseworkers to family case managers. Changes references from child abuse "investigations" to child abuse "assessments." Provides that the department shall assess a report of a child who lives with a parent who is married to or lives with a person who is required to register as a sex offender. Removes a requirement that the probation department complete a child's case plan not more than 60 days after the date of the dispositional decree. Requires the probation department to create a case plan if a decree is modified. Removes a requirement for a probation officer to include certain information in a predispositional report for DCS to determine if a child is eligible for certain government assistance. Removes the requirement that the bureau of child support demonstrate that all previous enforcement actions have been unsuccessful before sending an obligor a notice that the obligor is delinquent. Provides that a petition alleging that a child taken into custody is a child in need of services (CHINS) shall be filed before the detention hearing. Requires the initial hearing on the CHINS petition to be held at the same time as the detention hearing. Allows the department to adopt emergency rules in certain circumstances. Provides that if an adult is with a child before the child's death, and the adult refused to submit to a drug or alcohol screen test within eight hours of the child's death, the refusal to submit to the screen test is prima facie evidence that the adult was intoxicated or under the influence of alcohol or drugs at the time of the fatality. Enhances battery to a Class D felony if the victim suffers bodily injury and is a DCS employee. Adds employees of DCS to the list of persons covered by the statute making battery by bodily waste a Class D felony. Repeals provisions that specify that a child is a child in need of services if the child endangers the child's own health or the health of another individual, and the child needs care, treatment, or rehabilitation. Repeals a provision prohibiting the department of child services from initiating a proceeding, or requiring a parent or custodian to consent to a proceeding, to terminate parental rights or transfer legal custody for certain children. Requires a coroner to notify the local office of DCS of the death of a person who is less than 18 years of age. Requires DCS, in cooperation with the state department of education, to develop and coordinate the education advocates for children in foster care plan. Makes conforming changes.
Date Action
02/11/2009 S: Committee Sched 9:00 AM Room 130 Judiciary SB0366 Prosecuting attorneys and the DOC. (Head) Bill Tracks: Andrew, Courts Digest
Authorizes the prosecuting attorney in a county in which is located an institution operated by the department of correction (DOC) that houses at least 100 and fewer than 1,500 juvenile offenders to appoint an additional deputy prosecuting attorney. (Current law authorizes the prosecuting attorney in a county in which is located an institution operated by the DOC that houses at least 100 and fewer than 1,500 adult offenders to appoint an additional deputy prosecuting attorney.) Increases the following court fees by $1: (1) criminal costs fee; (2) infraction or ordinance violation costs fee; (3) juvenile costs fee; (4) civil costs fee; (5) small claims costs fee; and (6) probate costs fee.
Date Action
01/08/2009 S: 1st Reading Assigned Judiciary SB0367 Sharing of information among child agencies. (Holdman) Bill Tracks: Sarah, Administration
Digest
Authorizes a probation department and the county office of family and children, a local office, and the department of child services to exchange information for use in preparing certain reports concerning a child.
Date Action
01/08/2009 S: 1st Reading Assigned Judiciary SB0372 Unauthorized immigration matters. (Kruse) Bill Tracks: Andrew, Commissioners, Public Safety, Administration
Digest
Requires the department of correction to: (1) evaluate the citizenship and immigration status of a committed offender; and (2) notify and work with the United States Department of Homeland Security to deport offenders who are in the United States unlawfully. Provides that the fact that a defendant is a foreign national not lawfully admitted to the United States is a fact relevant to the risk of nonappearance a judicial officer must consider in setting bail. Requires a sheriff to make a reasonable effort to determine the citizenship or immigration status of certain persons. Prohibits a governmental body from enacting an ordinance, resolution, rule, or policy that prohibits or limits another governmental body from sending, receiving, maintaining, or exchanging information on the citizenship or immigration status of an individual. Allows law enforcement agencies to negotiate terms of a memorandum of understanding concerning a pilot project for the enforcement of federal immigration and customs laws. Requires an individual filing a claim for unemployment insurance to provide certain information in person to the department of workforce development. Prohibits an employer from knowingly hiring, after January 1, 2010, an unauthorized alien. Authorizes, subject to availability of funds, the attorney general to: (1) investigate a complaint that an employer knowingly employed an unauthorized alien; (2) verify the work authorization of the alleged unauthorized alien with the federal government; (3) notify United States Immigration and Customs Enforcement, local law enforcement agencies, and the appropriate prosecuting attorney under certain conditions; and (4) maintain certain records of violation orders. Authorizes a prosecuting attorney to file a civil action against an employer for knowingly hiring an unauthorized alien in the county where the alien is employed. Prohibits a prosecuting attorney from filing an action against an employer that verified the employment authorization of an employed individual through E-Verify. Establishes an affirmative defense if the employer complied in good faith with the federal employment verification requirements. Makes it a Class A infraction for a person who is unlawfully in the United States to register a motor vehicle. Makes it a Class C misdemeanor if a person is unlawfully present in the United States and knowingly or intentionally operates or permits the operation of a motor vehicle on a public highway without financial responsibility in effect with respect to the motor vehicle. Provides that: (1) a person who counterfeits or falsely reproduces a driver's license with intent to use the license or to permit another person to use the license commits a Class D felony (instead of a Class B misdemeanor); and (2) a person who knowingly or intentionally produces or distributes a document that is not issued by a government entity and that purports to be a government issued identification commits a Class C felony (instead of a Class A misdemeanor). Makes making or distributing a forged instrument a Class B felony.
Date Action
02/04/2009 S: Committee Sched 9:00 AM Room Senate Chamber Pensions and Labor P SB0373 Mechanic's liens. (Kruse) Bill Tracks: Recorders, Sarah
Digest
Establishes a state construction registry program (program) to create and maintain an electronic data base for the filing of certain mechanic's liens that relate to the construction, alteration, or repair of Class 2 structures. Requires the office of technology to supervise the program and to contract with a third party to operate the program. Provides that the program must: (1) maintain a central data base; (2) accommodate electronic filing; (3) assign a lien identification number; (4) provide notification by electronic mail to the filer; and (5) be indexed to permit searching. Authorizes the office of technology to charge a fee sufficient to cover the expenses of the program. Makes other changes and conforming amendments.
Date Action
01/12/2009 S: Co Author Added Marlin Stutzman SB0379 Local government. (Boots) Bill Tracks: Andrew, David, Council, Commissioners, Administration
Digest
Permits a county to reorganize its executive and legislative structure and powers so that all executive authority is exercised by a single elected county executive and all legislative and fiscal powers are exercised by the county council (as constituted under current law). Requires: (1) the county executive to adopt an ordinance to reorganize the county executive and legislative powers; and (2) the reorganization to be approved by the voters of the county. Provides that such an ordinance may be adopted only in an even-numbered year. Provides that if the county's voters vote in favor of the public question, the first single-member county executive is elected at the second general election that is held after the general election at which the voters approve the reorganization. Provides for transition from a three-member county executive to the single-member county executive. Provides that if a county adopts a single- member county executive form of government, the county council rather than the county executive is responsible for redistricting the county council. (In Lake County, the county redistricting commission would continue to redistrict county council districts.) Provides that the only reason that county council districts may be changed after the first redistricting after a decennial census is to conform the districts to statutory requirements. Makes technical and other changes to conform the law to the substantive changes.
Date Action
02/04/2009 S: Committee Sched 1:30 PM Room Senate Chamber Local Government SB0382 Alcoholic beverage sales on election day. (Alting) Bill Tracks: Clerks, Sarah
Digest
Allows alcoholic beverages to be sold on election days.
Date Action
01/08/2009 S: 1st Reading Assigned Rules and Legislative Procedure SB0386 Background checks by local units. (Deig) Bill Track: Andrew
Digest
Requires the state police department to establish a criminal history flat fee program under which a county, municipality, or township is entitled to the release of an unlimited number of limited criminal history records after paying a yearly flat fee to the department. Provides that the department shall set the flat fee and is not required to charge every unit the same fee. Makes other changes and conforming amendments.
Date Action
01/08/2009 S: 1st Reading Assigned Corrections, Criminal, and Civil Matters SB0387 Recorder fees deposited in affordable housing fund. (Becker, Deig) Bill Tracks: Recorders, Sarah
Digest
Requires (in a county other than Marion County) a county that has authorized an additional recording fee to distribute the fees to each city and town within the county that has established an affordable housing fund and, if the county has established an affordable housing fund, to the county. (Current law provides that in these counties, 60% of the money is distributed to units that have established affordable housing funds and 40% of the money is transferred to the state for deposit in the affordable housing and community development fund.)
Date Action
01/08/2009 S: 1st Reading Assigned Local Government SB0388 Property tax levies for mental health services. (Kenley, Broden) Bill Tracks: Andrew, Finance/Tax/Assess Digest
Indicates that property tax levies that are imposed by a county for the first time after 2008 for a community mental health center or a community mental retardation and other developmental disabilities center are outside the general levy limit that applies to other county levies.
Date Action
01/15/2009 S: Committee Sched 10:00 AM Room 431 Appropriations SB0390 Bail. (Rogers) Bill Tracks: Clerks, Sarah
Digest
Provides that an undertaking for bail expires 36 months after the undertaking is posted for the release of a defendant from custody if: (1) the defendant fails to appear as required; and (2) the court fails to make an adjudication concerning the defendant, including refusing to extradite the defendant; during the 36 month period. Requires sureties and bail agents to establish and maintain electronic mail addresses after August 1, 2009. Provides that if a defendant does not appear as provided in a bond and the court orders the bail agent and the surety to surrender the defendant to the court, the clerk may send notice of the order by electronic mail to the bail agent and surety. Reduces the amount of time a surety and bail agent have to produce the defendant or provide a valid reason for the defendant's failure to appear. Reduces the time used to assess late surrender fees against a surety and bail agent. Provides that the court retains late surrender fees instead of the fees being deposited in police pension trust funds and county extradition funds. Specifies that the retained fees must be used by a court to defray the costs of operating the court, including the costs of extraditing criminal defendants and operating diversion programs. Repeals the law establishing county extradition funds.
Date Action
01/08/2009 S: 1st Reading Assigned Judiciary SB0392 Expungement of arrest records. (Rogers) Bill Track: Public Safety
Digest
Provides for the expungement under certain circumstances of the arrest records of a person whose conviction has been vacated if the state may not or will not refile charges against the person. Establishes a procedure to restrict access to limited criminal history information concerning stale convictions if the person has not been convicted in the previous five years, and prohibits an employer from asking about certain older arrests and convictions.
Date Action
01/13/2009 S: Co Author Added Greg Taylor SB0400 Explanation of proposed constitutional amendments. (Dillon) Bill Tracks: Sarah, Courts, Elections Digest
Requires the attorney general to prepare a neutral summary of any proposed state constitutional amendment, distribute a copy of the summary to various entities, and post the summary on the attorney general'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 attorney general 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
02/09/2009 S: Committee Sched 10:00 AM Room 130 Elections SB0402 Satellite voting offices. (Rogers) Bill Tracks: Clerks, Sarah, Elections
Digest
Permits a county election board to authorize, by a majority vote of the board's entire membership, the circuit court clerk to establish satellite offices for voting. (Currently, satellite offices are authorized by the unanimous vote of the board.)
Date Action
01/12/2009 S: 1st Reading Assigned Elections SB0416 Gate fees at Brookville Lake. (Leising) Bill Tracks: Andrew, Council, Finance/Tax/Assess
Digest
Establishes a five year pilot program under which the department of natural resources (department) will be required to transfer to the Franklin County fiscal body 10% of all the gate fees collected by the department at Brookville Lake. Requires the fiscal body to use the money received for the operation and equipment of: (1) the county sheriff's department; (2) fire departments or fire protection districts; and (3) emergency medical services providers. Requires the county fiscal body to submit annual reports.
Date Action
01/26/2009 S: Committee Sched 10:00 AM Room 431 Natural Resources SB0422 Regulation of the solicitation of money along roads and highways. (Hershman) Bill Tracks: Andrew, Commissioners, Public Safety
Digest
Permits a local authority to regulate the solicitation of monetary donations on private roads and highways under the local authority's jurisdiction, including requiring a person who solicits a monetary donation to first obtain a permit.
Date Action
01/12/2009 S: 1st Reading Assigned Homeland Security and Transportation & Veterans Affairs SB0428 Consolidation of probation departments. (Boots) Bill Tracks: Andrew, Council, Courts
Digest
Consolidates multiple probation departments in counties having more than one probation department into one probation department under the supervision of a joint probation committee consisting of all judges having the authority to impose probation. Specifies that the joint probation committee has the authority to appoint probation officers, assign probation officers to particular courts, and remove probation officers. Provides that a probation officer assigned to a particular court by the joint committee is under the supervision of and directly responsible to the judge of that court. Specifies that, unless the joint probation committee determines otherwise, a probation officer who comes under the authority of a joint committee in accordance with this article retains the powers and duties that the probation officer possessed before the officer came under the authority of the joint committee. Requires courts in a county with more than one court having the authority to impose probation to submit a transition plan to the judicial conference for approval, and authorizes the judicial conference to approve the plan, modify the plan, or deny the plan. Makes other changes and conforming amendments.
Date Action
01/12/2009 S: 1st Reading Assigned Judiciary SB0434 Fire protection territories. (Zakas) Bill Tracks: Andrew, Commissioners, Public Safety, Finance/Tax/Assess
Digest
Allows a civil taxing unit to increase its property tax levy in the first year in which the civil taxing unit participates in a fire protection territory.
Date Action
01/12/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0435 Levy appeals for townships. (Zakas) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Reinstates the levy appeal for townships that have been required to borrow for firefighting on an emergency basis in the three previous years. Provides that the maximum amount of the levy increase is the average (rather than the lowest amount) of the amounts borrowed for firefighting on an emergency basis in the three previous years. Specifies that if a township is granted such a levy increase for property taxes due in a particular year, the township may not in the three years following that year borrow funds on an emergency basis to furnish fire protection.
Date Action
01/12/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0444 Consolidation of Marion County fire departments. (Merritt) Bill Tracks: Sarah, Andrew, David
Digest Provides that on January 1, 2010, the fire departments of all of the following are consolidated into the fire department of the consolidated city: (1) The townships in the county containing the consolidated city. (2) A fire protection territory in the county containing the consolidated city. Provides that a transfer of duties between units of government results in the transfer of property, equipment, records, rights, contracts (including labor contracts), and indebtedness. Provides that a firefighter who is a member of the 1937 or 1977 fund remains a member of the same fund after the consolidation. Requires the consolidated fire department to develop a strategic plan to determine resource requirements and resource deployments for the consolidated fire department. Requires the mayor of the consolidated city to establish a professional standards board with responsibility after December 31, 2009, for establishing, validating, and maintaining emergency responder certification and credentialing requirements and procedures. Provides that the requirements and procedures must be in accordance with the National Incident Management System and appropriate national professional standards and certification organizations and boards. Specifies that a subcommittee of the professional standards board, under the direction of a board certified emergency physician, is responsible for certification and credentialing of emergency medical responders. Exempts from the property tax levy limits any amounts imposed by the consolidated city or the county to fund former township indebtedness. Establishes a maximum property tax levy for the consolidated city for property taxes payable in 2010, 2011, and 2012 that is the sum of the city's 2010 maximum levy plus the combined amounts levied in 2009 by the townships for firefighting. 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. Provides that the fire department of an excluded city in Marion County may provide fire protection in any area that: (1) is in the township in which the excluded city is located; and (2) is being served by the township fire department. Specifies that the fire department of an excluded city may provide fire protection under this provision only if: (1) the mayor and legislative body of the excluded city; and (2) the township legislative body; agree that the fire department of the excluded city shall provide fire protection in that area. Provides that the approval of the agreement by the township trustee is not required. Specifies that if the fire department of the excluded city provides fire protection under this provision in any area of the township, the fire department of the consolidated city is not responsible for providing fire protection in that area of the township.
Date Action
01/14/2009 S: 1st Reading Assigned Local Government SB0448 Personal property tax exemption for IT equipment. (Broden, Charbonneau) Bill Tracks: Andrew, Auditors, Finance/Tax/Assess
Digest
Provides that enterprise information technology (IT) equipment owned by an eligible business is exempt from personal property taxation for 25 years following the date on which the equipment is placed in service.
Date Action
02/10/2009 S: Committee Sched 9:00 AM Room 431 Tax and Fiscal Policy P SB0450 Business corporation law. (Bray) Bill Tracks: Recorders, Sarah Digest
Makes changes and additions to business corporation law provisions concerning the following: (1) requirements for, effective dates of, and corrections of documents; (2) appealing a refusal of a filing of a document; (3) definitions; (4) notice requirements; (5) corporate names; (6) terms and conditions of rights, options, and warrants for the purchase of shares or other securities; (7) meetings of shareholders; (8) record dates for determining shareholders entitled to demand a special meeting; (9) terms of office of directors; (10) effective date of a notice of resignation; (11) actions taken by board of directors without a meeting; (12) standards of conduct for directors; (13) conversion; (14) bylaws; (15) merger or share exchange; (16) disposition of assets; and (17) dissenters' rights. Repeals a provision that requires a corporation to report to shareholders an indemnification or advance of expenses to a director and the issuance of shares for a promissory notes or for promises to render services.
Date Action
02/11/2009 S: Committee Sched 9:00 AM Room 130 Judiciary SB0452 Kernan-Shepard election provisions. (Lawson) Bill Tracks: Clerks, Sarah, David, Council, Elections Position: Support
Digest
Moves elections of municipal officers to even-numbered years. Provides that an employee of a political subdivision is considered to have resigned from employment with the political subdivision if the employee assumes the elected executive office of the political subdivision or becomes an elected member of the political subdivision's legislative body. Provides that the restriction applies to an employee of a political subdivision who assumes an elected office after June 30, 2009. Provides that the restriction does not apply to an employee of a political subdivision who holds elective office on June 30, 2009, and continues to hold or be reelected to the office. Provides that the restriction does not prohibit an employee of a political subdivision from holding an elected office of a political subdivision other than the political subdivision that employs the government employee. Establishes the use of vote centers as an option for all counties. Requires the county election board (board) to adopt an order designating a county a vote center county, adopt a plan to administer the vote centers, and file the order and the plan with the election division. Requires the board to accept and consider public comment before adopting an order designating the county as a vote center county. Provides that designation of a county as a vote center county remains in effect until the board rescinds the order designating the county as a vote center county and files a copy of the rescission with the election division. Redesignates automatically as a vote center county a county previously designated a vote center pilot county. Provides that school board members selected by election must be elected at general elections. Provides that the legislative body of a second class city appoints the city clerk and that the mayor of a third class city appoints the city clerk- treasurer. Provides that an individual elected as city clerk or clerk-treasurer at the 2007 elections may serve in that office until January 1, 2012. Repeals statutes related to the filling of a vacancy in the office of city clerk or clerk-treasurer. Repeals the expiration date of the vote center program and provisions that: (1) require the secretary of state's approval of the vote center designation; and (2) allow the secretary of state to revoke the vote center designation. Repeals other obsolete and superseded statutes.
Date Action
02/09/2009 S: Committee Sched 10:00 AM Room 130 Elections SB0453 Use of gold by the state and local government. (Walker) Bill Tracks: Andrew, Auditors, Treasurers, Finance/Tax/Assess
Digest
Requires the treasurer of state to designate one or more electronic gold currency payment providers to be a payment provider for the state and political subdivisions. Requires the treasurer of state and fiscal officers of political subdivisions to: (1) maintain one or more electronic gold currency accounts with a designated electronic gold currency payment provider; and (2) conduct all monetary transactions of the state or political subdivisions through electronic gold currency accounts. Provides that an electronic gold currency payment provider must use an electronic gold currency unit that constitutes a monetary unit of account and represents a claim of title to and ownership of a specifically defined, fixed weight of gold held by an independent specie vault. Specifies that a specie exchange with which an electronic gold currency payment provider associates must conduct the business of exchanging gold and silver coin, legal tender of the United States, and the electronic gold currency of the electronic gold currency payment provider. Provides that after December 31, 2009, the state and political subdivisions may not compel or require any person to recognize, receive, pay out, deliver, promise to pay, or otherwise use or employ anything but gold and silver coin (in that form or in the form of a designated electronic gold currency) as media of exchange with respect to certain payments. Provides that after December 31, 2009, a person receiving certain payments from the state or a political subdivision has the option of accepting payment in either legal tender of the United States or in electronic gold currency. Allows a person engaging in covered transactions to elect to receive or to pay a designated electronic gold currency instead of legal tender of the United States. Provides that if a person does not make a timely election, the medium of exchange for the transaction is legal tender of the United States. Specifies that if there is not sufficient gold in the state's or a political subdivision's accounts with electronic gold currency payment providers for the state or the political subdivision to make any payment in gold, the payment shall be made in legal tender of the United States.
Date Action
01/27/2009 S: Co Author Added Dennis K. Kruse SB0456 Local enforcement of environmental laws. (Lanane, Deig, Breaux) Bill Tracks: Sarah, Commissioners, Env/Land Use
Digest
Requires the department of environmental management to enter into contracts with local air pollution agencies to carry out an air pollution program for the department. Extends the powers granted to Marion County to establish a local air pollution permit program to counties, cities, and towns outside Marion County. Authorizes a local permit program to comply with more restrictive local ordinances to further the expressed purposes of air pollution control laws. Permits a city or town to regulate the introduction of any substance or odor into the air or any generation of sound within four miles outside its corporate boundaries. Makes related changes.
Date Action
01/14/2009 S: 1st Reading Assigned Energy and Environmental Affairs SB0460 Environmental land use restrictions. (Gard, Tallian) Bill Tracks: Surveyors, Sarah
Digest
Establishes the environmental trust within the Indiana finance authority (IFA) to: (1) inventory certain environmental restrictive covenants; (2) create public computerized registries of the covenants and of local ordinances that establish certain land use restrictions; (3) monitor compliance with the covenants and report noncompliance to the department of environmental management (IDEM) and the attorney general; and (4) administer an environmental trust fund that is funded by fees imposed on owners of real property subject to the covenants and used to fund the operations of the environmental trust. Establishes consequences for failure to pay the fee. Provides that the state, the IFA, and the environmental trust are not liable for acts or omissions related to maintenance of the inventory and the registries. Provides that the accuracy and completeness of information in the inventory and the registries is not warranted. Requires the environmental trust or its director to: (1) establish a future sliding fee scale based on the relative costs of monitoring compliance among various tracts of real property subject to restrictive covenants; (2) consider means of applying environmental trust activities to privately established environmental restrictive covenants and those established before trust activities begin; and (3) consider the feasibility of incorporating notice of environmental restrictive covenants and restrictive ordinances into the "One Call" system. Expands the application of remediation and closure goals, objectives, and standards. Eliminates the authority of IDEM to approve environmental restrictive covenants, delineates which elements of covenants are subject to IDEM approval, delineates theauthority of IDEM to enforce covenants, and eliminates IDEM authority to require compliance reports from property owners. Permits reimbursement of a property owner from the underground petroleum storage tank excess liability trust fund of fees paid to the environmental trust. Provides that a covenant not to sue does not apply to future liability for a condition on property involved in a voluntary remediation work plan only if the condition was present on the property at the time the commissioner issued the certificate of completion. Allows IDEM to include in a certificate of completion or a covenant not to sue conditions that must be performed or maintained after issuance of the certificate or covenant. Provides that the exceptions that apply to liability to the state relating to contamination from hazardous substances apply in the same manner to liability to the state relating to contamination from petroleum. With respect to local ordinances that establish certain land use restrictions: (1) requires that a municipal corporation give notice to IDEM not later than 60 days before amendment or repeal and to the environmental trust not later than 30 days after passage, amendment, or repeal; (2) requires that the ordinance state those notice requirements; and (3) provides that the ordinance is considered adopted only if it states those notice requirements. Establishes the advisory committee on environmental trust issues.
Date Action
02/09/2009 S: Committee Sched 9:30 AM Room 233 Energy and Environmental Affairs SB0464 State trauma care committee. (Merritt, Wyss, Broden) Bill Track: Public Safety Digest
Establishes the state trauma care committee.
Date Action
02/05/2009 S: Co Author Added Earline S. Rogers SB0466 Property tax standard deduction. (Becker, Dillon) Bill Tracks: Andrew, Auditors, Finance/Tax/Assess
Digest
Specifies filing requirements for the property tax standard deduction. (Before the repeal of the homestead credit statutes, property eligible for the homestead credit was automatically eligible for the standard deduction without the filing of an application.) Specifies that a person may apply for the standard deduction on a sales disclosure form. Provides that with respect to real property, a person must file an application for the standard deduction during the year for which the person desires to obtain the deduction. Provides that with respect to a mobile home that is not assessed as real property, the person must file an application for the standard deduction during the 12 months before March 31 of the year for which the person desires to obtain the deduction. Provides that the standard deduction applies only if the individual owns the homestead on the date the application for the deduction is filed. Deletes the requirement that a standard deduction may be claimed only if the applicant owns the property on March 1 (in the case of real property) or January 15 (in the case of a mobile home that is assessed as personal property).
Date Action
01/14/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0473 Campaign finance disclosures. (Miller) Bill Tracks: Sarah, Andrew, David
Digest
Provides that certain communications relating to the approval or defeat of a clearly identified public question must contain disclosures similar to disclosures required for communications relating to the election or defeat of a clearly identified candidate. Provides that the disclosures are not required for communications by an individual or association of individuals who act independently of candidates and committees and who spend no more than $500 from the individual's or association's own resources.
Date Action
01/14/2009 S: 1st Reading Assigned Elections SB0474 Local sales taxes. (Stutzman) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Provides that a municipality may levy a local option gross retail tax of 1/2% of retail sales occurring in the municipality if the office of tourism development certifies the municipality as an outstanding Indiana tourist destination. Provides that a municipality that levies the local option gross retail tax may use the local option gross retail tax revenue for any lawful purpose. Provides that the department of state revenue shall maintain several data bases of local sales tax data associated with the local option gross retail tax, in accordance with the requirements of the Streamlined Sales and Use Tax Agreement.
Date Action
01/14/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0479 Regional transportation districts. (Lanane) Bill Tracks: Andrew, David, Commissioners, Administration, Highway/Engineer
Digest
Permits counties to establish a regional transportation district to plan, design, acquire, construct, enlarge, improve, renovate, maintain, equip, finance, operate, and support public transportation systems. Establishes a fee on vehicle registrations, and permits the creation of allocation areas, the establishment of a special allocation of county option income taxes, and the imposition of a food and beverage tax, a county economic development income tax, or a special benefits property tax to provide funding to regional transportation districts. Permits other public transportation agencies to merge into a regional transportation district. Requires the governor to appoint a deputy commissioner for the department of transportation to assist the commissioner with the public transportation responsibilities of the department.
Date Action
01/15/2009 S: 1st Reading Assigned Homeland Security and Transportation & Veterans Affairs SB0482 Marion County consolidation. (Merritt) Bill Tracks: Clerks, Surveyors, Recorders, Coroners, Sarah, Andrew, Assessors, David, Auditors, Treasurers, Council, Commissioners, Administration
Digest
In Marion County, abolishes effective January 1, 2011, the offices of township trustee and township board and transfers all township duties and responsibilities, including township assistance, cemetery maintenance, weed control, and parks and recreation, to the mayor. Requires the mayor to appoint, subject to the approval of the city-county council, a director of public assistance to administer township assistance on a countywide basis. Provides that a transfer of duties between the townships and the county results in the transfer of property, equipment, records, rights, contracts, and indebtedness. Abolishes the Marion County board of commissioners effective July 1, 2009. Provides that a county assessor shall not be elected in 2010 and thereafter in Marion County. Provides that in Marion County, the mayor of Indianapolis shall appoint the county assessor, subject to the approval of the city-county council, beginning on the earlier of: (1) the end of the term of the county assessor elected in 2006; or (2) the date the office of county assessor becomes vacant. Requires an appointed county assessor appointed to be certified as a level three assessor-appraiser. Provides that after December 31, 2010, the county sheriff of Marion County is no longer responsible for emergency communications. Specifies that in Marion County: (1) the director of the community corrections program is considered a director of a department of the consolidated city; and (2) employees of the community corrections program are employees of the consolidated city. Specifies that, subject to the approval of the city-county council, the mayor shall appoint the executive director of the health and hospital corporation, who shall serve at the pleasure of the mayor. Provides that the mayor may designate the chairperson of the Marion County capital improvement board. Changes the appointing authorities for the library board in Marion County. Provides that, subject to the approval of the city-county council, the mayor appoints the director of the public library in Marion County, who shall serve at the pleasure of the mayor. Changes the appointing authorities for the board of directors of the public transportation corporation in Marion County. Provides that, subject to the approval of the city-county council, the mayor appoints the executive director of the public transportation corporation in Marion County, who shall serve at the pleasure of the mayor. Provides that effective January 1, 2011, in Marion County, the powers and duties assigned to the county auditor and the county treasurer under the property tax statutes shall be exercised by and are the responsibility of the Indianapolis controller. Provides that after 2010, the monthly distributive shares of county option income taxes that would be distributed to a township for which township government is abolished shall instead be distributed as additional distributive shares to Indianapolis/Marion County. Transfers responsibilities of township trustees and township boards concerning township small claims courts located in a consolidated city to the: (1) mayor of the consolidated city; (2) city-county council of the consolidated city; and (3) clerk of the circuit court of the county containing the consolidated city. Abolishes the office of small claims court constable. Specifies that on January 1, 2010, personnel provided by the department of public safety of the consolidated city shall perform the duties formerly performed by the constables. Provides that if the Constitution of the State of Indiana is amended so that it no longer requires the election in each county of a recorder, surveyor, coroner, sheriff, auditor, or treasurer, the functions, duties, and obligations of those offices in Marion County are on the earlier of: (1) the end of that official's term of office; or (2) the date the office becomes vacant are transferred to specified departments, officials, and entities. Requires the department of local government finance to adjust maximum permissible property tax levies and property tax rates as necessary to account for transfers of duties, powers, and obligations. Repeals certain provisions concerning small claims court constables. Makes conforming amendments. Repeals provisions concerning the nine Marion County township small claims courts.
Date Action
02/11/2009 S: Committee Sched 1:30 PM Room Senate Chamber Local Government SB0485 County employment opportunity fee. (Buck, Kruse) Bill Tracks: Andrew, Council, Finance/Tax/Assess
Digest
Authorizes a county council to impose a county employment opportunity fee upon nonresident individuals who work in the county. Provides that the fee may not exceed 0.25% of the individual's adjusted gross income derived from the qualified individual's principal place of business or employment. Provides that the fee revenue must be used for economic development purposes. Permits the fee revenue to be pledged to repay bonds or lease rentals. Permits the county employment opportunity fee to be captured or used for various economic development programs. Permits the state to intercept the fees for noncompliance with certain data requirements.
Date Action
01/22/2009 S: Author Added Dennis K. Kruse SB0486 Municipality self-insurance. (Paul) Bill Track: David
Digest
Provides for establishment of a municipal government consortium to create a self-insurance fund. Specifies requirements for registration of a self-insurance fund by the department of insurance.
Date Action 02/05/2009 S: Committee 10:00 AM Room Senate Chamber Insurance and Financial Sched Institutions SB0488 Motor vehicle odometer fund. (Bray) Bill Tracks: Andrew, Transportation
Digest
Deposits money collected from motor vehicle dealer and manufacturer license and permit fees into the motor vehicle odometer fund. (Current law deposits the money in the dealer compliance account and motor vehicle highway account.) Makes conforming changes.
Date Action
01/15/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0490 Property taxes. (Broden) Bill Tracks: Andrew, Auditors, Finance/Tax/Assess
Digest
Provides a property tax replacement credit against county property tax levies to taxpayers in certain taxing districts in which the assessed valuation subject to property tax exemption is proportionally greater than the average assessed valuation (weighted for the relative taxable assessed value) subject to exemption in other taxing districts in the county. Specifies that a property tax replacement credit is provided only in counties in which the percentage of assessed valuation subject to exemption for at least one taxing district is at least 20% greater than the county average. Imposes a property tax levy to replace the revenue lost due to the credit in each taxing district in which the assessed valuation subject to exemption is proportionally less than the average assessed valuation subject to exemption in other taxing districts in the county. Specifies that the property taxes imposed to replace the lost revenue are not subject to the circuit breaker credit or to the property tax levy limits.
Date Action
02/05/2009 S: Committee Sched 10:00 AM Room 431 Appropriations SB0494 County commissioner districts. (Waltz) Bill Tracks: Andrew, David, Commissioners, Administration, Elections
Digest
Requires county commissioner districts in certain counties to contain, as nearly as possible, equal population. Date Action
01/15/2009 S: 1st Reading Assigned Elections SB0495 Property tax circuit breaker income tax. (Broden) Bill Tracks: Andrew, Council, Finance/Tax/Assess
Digest
Permits a county to impose an income tax to replace property tax revenue that is reduced as a result of the property tax circuit breaker rate caps. Requires the department of local government finance to determine and certify the property tax circuit breaker replacement amount. Requires the budget agency to determine and certify the income tax rate necessary to raise the property tax circuit breaker replacement amount. Provides that these determinations are made when the income tax is initially imposed. Allows for subsequent determinations of the replacement amount and the maximum rate. Provides that the rate may not exceed the lesser of the certified rate or 1%. Requires the revenue from the tax to be deposited in each fund affected by the property tax circuit breaker. Requires any excess income tax revenue to be deposited in the civil taxing unit's rainy day fund.
Date Action
02/05/2009 S: Committee Sched 10:00 AM Room 431 Appropriations SB0502 Government reorganization. (Delph, Stutzman) Bill Tracks: Clerks, Sarah, Andrew, David, Commissioners
Digest
Provides procedures to evaluate and terminate all state agencies and programs on a ten year cycle. Requires the schools of public and environmental affairs or business schools of Indiana University, Purdue University, Ball State University, Indiana State University, and the University of Southern Indiana to develop internship programs to give credit to students who perform the evaluation of state agencies and programs, and requires the universities to provide the evaluation service under the direction of the legislative services agency. Makes necessary appropriations to implement termination of an agency or agency program. Provides that an employee of a political subdivision is considered to have resigned from employment with the political subdivision if the employee assumes the elected executive office of the political subdivision or becomes an elected member of the political subdivision's legislative body. Provides that the restriction applies to an employee of a political subdivision who assumes an elected office after June 30, 2009. Provides that the restriction does not apply to an employee of a political subdivision who holds elective office on June 30, 2009, and continues to hold or be reelected to the office. Provides that the restriction does not prohibit an employee of a political subdivision from holding an elected office of a political subdivision other than the political subdivision that employs the government employee. Provides that the legislative body of a second class city appoints the city clerk. Provides that individuals elected as city clerk at the 2007 elections may serve in that office until January 1, 2012. Provides that a taxing unit whose governing body are elected to serve on the governing body must submit its proposed budget and property tax levy for review by another specified legislative body whose members are elected. Requires the state to pay for certain expenditures incurred by circuit, superior, county, and probate courts, including expenses related to court employees, including bailiffs, probation officers, and court reporters. Provides that each court shall submit its budget to the division of state court administration, and that the supreme court shall submit a consolidated budget to the budget agency and the general assembly. Requires the supreme court to adopt certain rules concerning court procedures and the employment and management of administrative officers. Requires that the members of the governing body of a school corporation be elected at the time of the general elections. Requires school corporations of less than 2,000 ADM to consolidate unless granted a waiver by the state board of education. Reduces the percentage of registered voters necessary to petition to initiate a governmental reorganization or to provide for approval of a governmental reorganization notwithstanding the rejection by a legislative body. Establishes a procedure for a township to reorganize itself under the local government reorganization statute. Provides that effective January 1, 2011, for a township not in Marion County that does not reorganize: (1) township governmental functions (other than township assessment functions) are abolished; (2) the offices of township trustee and township board (including duties and responsibilities related to township assistance, fire protection, cemetery maintenance, parks and recreation, and libraries) are abolished and transfers the duties and responsibilities of the township trustee and township board to the county; (3) establishes a county firefighting fund; (4) establishes a county cumulative building and equipment fund for firefighting; (5) transfers township fund balances to the county and specifies the permitted use of the money; (6) makes township indebtedness an obligation of the county, and requires the county to use money transferred from the township to pay the indebtedness; (7) allows the county to levy property taxes to pay indebtedness not covered by money transferred from the township, and specifies the areas in which the taxes may be levied; and (8) increases the county's maximum property tax levy based on the assumption of former township duties, and establishes a separate county maximum property tax levy for firefighting. Provides that in counties other than Marion County, the boards of county commissioners are eliminated effective January 1, 2011, the county executive is a single elected chief executive officer, and the county council is the county legislative body as well as the county fiscal body. Provides that the initial county chief executive officers are elected at the November 2010 general election. Provides that effective January 1, 2011: (1) the county treasurer, county auditor, and county assessor in Marion County no longer serve ex officio as county commissioners; and (2) the mayor of the consolidated city assumes the duties and powers held by those county commissioners. Establishes a public safety coordinating council in each county to coordinate public safety matters in the county. Provides that individuals elected to a local office at the 2011 municipal election take office January 1, 2013. Requires that successors of these individuals be elected at the 2016 general election. Requires the legislative services agency to prepare legislation to amend Indiana election law to provide that all municipal elections be held in even-numbered years. Allows a political subdivision to make transfers to the political subdivision's rainy day fund after the last day of the political subdivision's fiscal year and before March 1 of the subsequent calendar year. Allows officers of a political subdivision to transfer money between departments in the same fund of the political subdivision without notice and approval of the department of local government finance if the transfer meets certain requirements. Allows a city, town, or county to regulate and adopt civil penalties for littering on public property. Makes other changes and conforming amendments. Repeals the procedures for legislative evaluation of state agencies. Repeals obsolete statutes providing for the option of appointment of members of a governing body of a school corporation. Repeals superseded statutes relating to election of members of a governing body of a school corporation. Repeals a statute related to the filling of vacancies in the office of city clerk of a second class city.
Date Action
01/29/2009 S: Author Added Marlin Stutzman SB0506 Local government matters. (Boots) Bill Tracks: Clerks, Sarah, Andrew, David, Council, Commissioners
Digest
Provides that in counties other than Marion County: (1) the boards of county commissioners are eliminated effective January 1, 2013; (2) the county executive is a single elected chief executive officer; and (3) the county council is the county legislative body as well as the county fiscal body. Specifies that the term of each county commissioner elected in 2010 is two years rather than four years. Provides that the initial county chief executive officers are elected at the November 2012 general election. Specifies that after December 31, 2012, certain powers currently exercised by a county's board of commissioners shall be exercised by the county council. Requires the office of management and budget to establish an office of local technical assistance. Requires the office to: (1) promote sound fiscal, management, and operational practices in local government and assist units of local government in carrying out these practices; and (2) coordinate interaction between units of local government and state agencies. Requires the department of local government finance (DLGF) and the state board of accounts to consult with the office as the DLGF and the state board of accounts develop and adopt transition rules to assist units of local government that are consolidating entire units or specific functions. Deletes the requirement that a copy of an interlocal cooperation agreement must be filed with the state board of accounts (state board). Repeals the requirement that counties and municipalities must prepare and submit to the state board an operational report concerning roads and streets. Repeals the requirement that the county clerk must prepare a monthly report that is submitted to the county auditor, the county executive, and the state board. Repeals the requirement that the countytreasurer must prepare a monthly report that is submitted to the county auditor, county board of finance, county executive, and state board. Provides that if a proposed local government reorganization is initiated under the government modernization statutes by the voters of a political subdivision, approval of the legislative bodies of the affected political subdivisions is not required before a proposed reorganization plan may be prepared by a reorganization committee and placed on the ballot for a vote. Specifies that the circuit court clerk of the county in which the most populous political subdivision named in a reorganization resolution or petition is located shall appoint to the reorganization committee three residents of each political subdivision participating in the reorganization.
Date Action
02/05/2009 S: Committee Report amend do pass, adopted SB0512 Elimination of townships. (Lawson) Bill Tracks: Sarah, Andrew, David, Commissioners, Administration
Digest
Abolishes, effective January 1, 2013, the offices of township trustee and township board, and transfers all township duties and responsibilities, including township assistance, fire protection, cemetery maintenance, weed control, and parks and recreation, to the county executive. Establishes a township assistance transition advisory committee in each county to prepare a plan for providing township assistance on a countywide basis. Requires the office of local technical assistance to review and modify the plan to meet statutory requirements. Provides that a transfer of duties between the townships and the county results in the transfer of property, equipment, personnel, records, rights, contracts (including labor contracts), and indebtedness. Requires the department of local government finance (DLGF) to adjust maximum permissible property tax levies and property tax rates as necessary to account for transfers of duties, powers, and obligations. Provides that a public safety planning board (board) is established on July 1, 2011, in each county not having a consolidated city. Requires the board to prepare before July 1, 2012, a binding public safety plan that applies to specified public safety services throughout the entire county. Provides that the plan must do the following: (1) Include local standards of service for public safety services. (2) Review and (if necessary) require the adjustment of any collaborative service arrangements related to public safety services. (3) Provide for a fair distribution of public safety services and the tax burden to pay for those public safety services. Prohibits the establishment of fire protection territories and fire protection districts after June 30, 2009. Requires the office of management and budget to establish an office of local technical assistance (office). Requires the office to: (1) promote sound fiscal, management, and operational practices in local government and assist units of local government in carrying out these practices; and (2) coordinate interaction between units of local government and state agencies. Requires the DLGF and the state board of accounts to consult with the office as the DLGF and the state board of accounts develop and adopt transition rules to assist units of local government that are consolidating entire units or specific functions. Allows a county after 2012 to: (1) provide county township assistance and public safety service at different levels of service in service districts in the county; and (2) apply property taxes or fees in different amounts in the service districts. Requires justification for providing services at different levels. Allows the county in later years to expand (but not contract) the service district in which service is provided at the higher level, or to provide the higher level of service in the entire county. Requires the advisory commission on intergovernmental relations to monitor the progress of local governments in implementing the recommendations made by the commission on local government reform and prepare an annual report of its findings.
Date Action
02/11/2009 S: Committee Sched 1:30 PM Room Senate Chamber Local Government SB0513 Homestead property taxes and sales and use taxes. (M. Young) Bill Tracks: Andrew, Assessors, Auditors, Finance/Tax/Assess
Digest
Eliminates property taxes on primary residences (homesteads). Decreases the state sales and use tax rate from 7% to 5.5%. Provides that sales and use tax applies to transactions involving services, except for legal services, health or mental health services (including insurance premiums for policies covering these services), and services provided for charitable tax exempt purposes. Deposits the increased sales and use tax revenue in the state general fund. Provides an annual state distribution to offset the property tax exemption for homesteads using gross assessed values of homesteads. Reduces actual property tax levies by the amount of the state distribution. Reduces local option income tax rates by the part attributable to paying homestead credits, property tax replacement credits on homesteads, or freezing levy growth on homesteads unless the county adopts an ordinance to allocate the revenue to the general fund of the various civil taxing units in the county. Eliminates the right of a governmental unit, including special benefit districts, to place a lien on a homestead. Increases the maximum renter's deduction for income tax purposes from $3,000 to $8,000 per taxable year. Removes references to the homestead credit throughout the Indiana Code. Removes superseded provisions. Makes conforming changes. Makes an ongoing appropriation.
Date Action
01/15/2009 S: 1st Reading Assigned Appropriations SB0515 Same day voter registration. (Lanane) Bill Tracks: Clerks, Sarah, Elections Position: Oppose
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
01/15/2009 S: 1st Reading Assigned Elections SB0518 State and local spending caps. (Delph) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Provides a control on state expenditures for state fiscal years beginning after June 30, 2009, that is based on the changes in: (1) the population of Indiana; and (2) the consumer price index for the midwest region for all items as published by the Bureau of Labor Statistics. Requires the budget agency to determine and publish the spending cap amounts in the Indiana Register. Provides for emergency expenditures. Requires that the digest of a budget bill or a conference committee report on a budget bill contain certain information concerning state appropriations and expenditures. Provides that current law concerning business cycle state spending controls expires June 30, 2009. Provides a control on the expenditures of political subdivisions for local fiscal years beginning after December 31, 2009, that is based on the changes in: (1) the population of the geographical territory of the political subdivision; and (2) the consumer price index for the midwest region for all items.
Date Action
01/15/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0520 Specifications in public work projects. (Boots) Bill Tracks: David, Commissioners, Econ. Dev., Administration
Digest
Requires specifications for public works projects to be written to encourage free, open, and competitive bidding and refrain from calling for unique or proprietary materials. Provides that a person who prepares, participated in the preparation of, or conferred any property on another person who prepared or participated in the preparation of the specifications of a public work project may not be awarded a contract for the public work project. Requires that plans and specifications for a public work project with a cost of more than $100,000 must be approved by a registered architect or engineer. Provides that if the attendance of a bidder at a prebid meeting or conference is a condition to the acceptance of a bid from that bidder, that requirement must be published in the same fashion and for the same period as the board must advertise the date of receiving bids. Requires the noncollusion affidavit submitted with a public work bid must be affirmed under the penalties for perjury and that the affidavit must affirm that the bidder did not violate the requirements for public work specifications. Provides that a person who has certain responsibilities relating to the award of a public work contract who solicits, accepts, or agrees to accept any property from another person in return for an agreement to: (1) purchase or recommend the purchase of the other person's supplies, materials, or services with respect to a public work project; (2) incorporate or recommend incorporation of the other person's supplies, materials, or services into specifications for a public work project; (3) award or recommend the award of a public work contract to that other person; or (4) recommend, promote, or endorse that person's supplies, materials, or services withrespect to the public work project commits a Class D felony. Provides that a person who offers, confers, or agrees to confer any property on a contract officer to do any of these acts commits a Class D felony. Provides that a person may not solicit, accept, or agree to accept any property in return for an agreement not to bid or compete on a public work project or to participate in an arrangement to suppress or eliminate full and unrestricted competition for the award of a public work contract commits a Class D felony. Repeals a superseded statute. Makes other technical changes.
Date Action
01/15/2009 S: 1st Reading Assigned Commerce and Public Policy & Interstate Cooperation SB0521 School corporation reorganization. (Dillon) Bill Tracks: Sarah, Andrew, David
Digest
Requires school corporations with an average daily membership (ADM) of less than 500 students to merge with another school corporation or school corporations. Provides for the preparation of a comprehensive reorganization plan by a county committee, public hearings on the plan, and approval by the state board of education. Provides for the development of a comprehensive reorganization plan by the state board of education for school corporations that fail to reorganize by 2013. Requires the department of education (department) to develop standards for educational opportunity and operational efficiency for school corporations. Requires a school corporation with an ADM of greater than 499 students and less than 1,000 students to demonstrate to the department that it meets the standards, and, if unable to do so, to merge with another school corporation or school corporations. Provides that the reorganization provisions do not apply to a charter school.
Date Action
02/11/2009 S: Committee Sched 1:30 PM Room 431 Education and Career Development SB0522 Sales and income tax increment districts. (Kenley) Bill Tracks: Andrew, Commissioners, Econ. Dev., Finance/Tax/Assess
Digest
Deletes references to sales tax increment financing in the statutes governing global commerce centers (which are not authorized to use sales tax increment financing). Provides that the increment in state sales tax revenues in a community revitalization enhancement district (CRED) established after June 30, 2009, or in an area added to such a CRED may not be captured by the CRED for purposes of sales tax increment financing. Provides that the increment in state adjusted gross income taxes paid by workers in a CRED established after June 30, 2009, or in an area added to a CRED after June 30, 2009, may not be captured by the CRED for purposes of income tax increment financing. Prohibits the approval of economic development project districts (which are authorized to use sales tax increment financing) by the state board of finance after June 30, 2009. Provides that the increment in state sales tax revenues in a certified technology park (CTP) established after June 30, 2009, may not be captured by the CTP for purposes of sales tax increment financing. Provides that the increment in state adjusted gross income taxes paid by workers in a CTP established after June 30, 2009, may not be captured by the CRED for purposes of income tax increment financing.
Date Action
01/15/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0523 High speed Internet service initiative. (Hershman, Broden) Bill Tracks: Surveyors, Sarah
Digest
Requires the economic development corporation to develop a high speed Internet service deployment and adoption initiative, including the creation of a statewide geographic information system of telecommunications and information technology services. Exempts from the state gross retail tax certain tangible personal property related to the provision of broadband services. Includes residential property in the definition of "multitenant real estate" for purposes of providing access to real property by communications service providers.
Date Action
02/05/2009 S: Committee Sched 9:00 AM Room 233 Utilities & Technology SB0529 Sale of public buildings. (Stutzman) Bill Tracks: David, Commissioners, Administration
Digest
Repeals a statute that permits governmental entities to transfer real property between the governmental entities without using a bidding process. Provides that a political subdivision may not transfer real property to another political subdivision without consideration.
Date Action
01/26/2009 S: 2nd Author Added Dennis K. Kruse SB0530 Indiana-Michigan boundary line commission. (Stutzman) Bill Tracks: Surveyors, Sarah, Env/Land Use Position: Support
Digest
Establishes the Indiana-Michigan boundary line commission to direct a retracement survey of the original 1827 Indiana-Michigan boundary. Establishes the Indiana-Michigan boundary line remonumentation fund, and appropriates $500,000 to the fund from the state general fund for the commission's purposes. Provides that money in the fund does not revert to the state general fund until June 30, 2015. Provides that the law establishing the commission expires July 1, 2015.
Date Action
02/03/2009 S: Co Author Added Jim Arnold P SB0532 Coroners. (Merritt, Waterman) Bill Tracks: Coroners, Sarah
Digest
Establishes fees to obtain additional copies of death certificates. Establishes the coroner review board, which is established to review a coroner's determination of a cause of death upon the petition of a family member of the deceased. Allows the coroner review board to order a coroner to revise a certificate of death if the review board determines that the coroner made an incorrect determination as to the cause of a death.
Date Action
02/05/2009 S: Author Added John M. Waterman SB0534 Online voter registration. (Lawson) Bill Tracks: Clerks, Sarah, Elections
Digest
Permits, after June 30, 2010, an individual who possesses a current and valid Indiana driver's license or identification card to: (1) submit a voter registration application; or (2) update information in the individual's existing voter registration record; online by use of a secure Internet web site. Establishes procedures for the bureau of motor vehicles, the secretary of state, and a county voter registration office to process an application or information submitted to the web site.
Date Action
01/15/2009 S: 2nd Author Added Edward E. Charbonneau SB0535 Indiana public retirement system. (Kruse) Bill Tracks: David, Administration
Digest
Establishes the Indiana public retirement system (system) to administer and manage the following: (1) the public employees' retirement fund (PERF); (2) the teachers' retirement fund (TRF); (3) the judges' retirement fund; (4) the prosecuting attorneys retirement fund; (5) the state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement fund; (6) the 1977 police officers' and firefighters' pension and disability fund; (7) the legislators' retirement system; (8) the pension relief fund; (9) the special death benefit fund; and (10) the state employees' death benefit fund. Creates a seven member board of trustees for the system (board) consisting of six members appointed by the governor and the director of the budget agency (or designee) serving as an ex officio voting member. Provides that the board's powers and duties are the combined powers and duties of the PERF and TRF boards. Provides that each retirement fund continues as a separate fund managed by the board. Provides for a director of the system who is appointed by and serves at the pleasure of the board. Eliminates the treasurer of state as the treasurer of PERF and reassigns the treasurer's duties to the board and director of the system. Makes conforming and technical corrections. Repeals provisions that establish the PERF and TRF boards and the treasurer of state's role as PERF treasurer.
Date Action
02/04/2009 S: Committee Sched 9:00 AM Room Senate Chamber Pensions and Labor SB0536 PERF/TRF annuity savings accounts. (Kruse) Bill Tracks: David, Administration
Digest
Allows the board of trustees of the public employees' retirement fund (PERF) to establish by rule the valuation date for a member's annuity savings account (ASA) and the frequency, allocation, and timing of changes in a member's investment selections for the legislators' retirement system. Allows the PERF board of trustees and the board of trustees of the state teachers' retirement fund (TRF) to establish a single composite interest or earnings rate in order to compute the interest or earnings credits on a member's omitted contributions in the guaranteed program or an alternate investment program. Allows the PERF and TRF boards to establish by rule due dates for employer contributions and reports. Requires employers to submit contributions and reports to PERF and TRF electronically after December 31, 2009, unless the employer obtains a waiver of the requirement for a period not to exceed two years. Increases from $200 to $1,000 the maximum amount in a member's ASA for purposes of suspending the member's fund membership and paying the ASA in a lump sum.
Date Action
01/22/2009 S: 2nd Author Added Ryan D. Mishler SB0538 Tax free art districts. (Simpson) Bill Track: Finance/Tax/Assess
Digest
Exempts from the gross retail and use taxes the sale of original and creative works of art in an arts and cultural district. Provides that an arts and cultural district must be established by a local economic development commission and be certified by the Indiana arts commission. Exempts from state and local adjusted gross income tax the income of a writer, a composer, or an artist who has a business located in an arts and cultural district. Provides that the income tax exemption applies to that part of the individual's income that is derived from sources within the arts and cultural district and is attributable to original and creative works of art created within the district.
Date Action
01/15/2009 S: 1st Reading Assigned Tax and Fiscal Policy SB0541 Various tax matters. (Hershman) Bill Tracks: Andrew, Auditors, Finance/Tax/Assess
Digest
Makes changes to bring Indiana in conformance with the Streamlined Sales and Use Tax Agreement as amended through September 5, 2008. Updates the definition of "gross retail income" to coincide with the definition of "sales price". Requires the use tax to be paid at the time of registering a watercraft that is a United States Coast Guard documented vessel. Requires new retail merchants to file returns and remit sales tax electronically. Provides relief for retail merchants if there is a change in the sales and use tax rate. Makes permanent the sourcing rule for floral deliveries providing that a sale is sourced to the location of the florist where the order originated when the sale involves one florist taking an order and transferring the order to another florist for delivery to the final recipient. Provides that the sale of Internet access service or certain ancillary service telecommunication services are sourced to the customer's place of primary use. Provides that an inheritance tax lien terminates on the earlier of: (1) the date the inheritance tax is paid; (2) when certain affidavits are filed specifying that no tax is due; or (3) ten years (rather than five years, under current law) after the date of the decedent's death. Changes the inheritance tax interest accrual date. Incorporates the real estate investment trust income add back into the financial institutions tax. Provides that September 1 is the deadline for International Fuel Tax Agreement applications to be filed in order to receive the permit by January 1. Allows a repair and maintenance permit to be used by unregistered off-road vehicles to move from and to a quarry for the purpose of repair. Requires the department of state revenue (department) to post on the department's web site the name of every registered retailmerchant that has not renewed its retail merchant certificate or whose certificate has been revoked. Provides that an Australian real estate investment trust or a listed property trust will not be included in the add back to adjusted gross income as a captive REIT. Adds a definition of "pass through entity". Provides that income from a pass through entity shall be characterized in a manner consistent with the income's characterization for federal income tax purposes and attributed to Indiana as if the entity that received the income had directly engaged in the income producing activity. For purposes of the tax credit for contributions to the college choice 529 education savings plan: (1) defines "contribution" to exclude rollovers from other 529 savings plans; and (2) excludes value added to the account through earnings of bonus points. Specifies that only the account owner or the account owner's spouse is eligible to claim the credit. Provides that the credit may not exceed the taxpayer's net contributions to the college choice 529 education savings plan during the taxable year. Provides that the ability to opt out of electronic filing when using a paid tax preparer is available only to a taxpayer who claims the additional exemption for the elderly or who has opted out of participating in federal Social Security programs because of religious beliefs. Requires all new withholding tax registrants to file returns and remit the withholding taxes electronically through the department's online tax filing program. Provides that for winnings that exceed $1,200 on gambling games at racetracks, the operator is required to withhold adjusted gross income tax from the winnings. Amends the county adjusted gross income tax, county option income tax, and county economic development income tax statutes to provide that the budget agency (rather than the department) certifies the revenue distribution to counties. Requires the department to provide relief under the gasoline tax statutes where a shipment of gasoline is legitimately diverted from the represented destination state after the shipping paper has been issued by the terminal operator or where the terminal operator failed to cause proper information to be printed on the shipping paper. Repeals the requirement that a person must obtain an import verification number in certain circumstances to import special fuel into Indiana. Specifies that road tractors are included in the definition of "commercial vehicle" for purposes of the commercial vehicle excise tax. Provides that a taxing unit's calendar year commercial motor vehicle excise tax distribution is based on the amount of tax collected in the preceding state fiscal year (rather than 105% of the prior year's base revenue). Provides that a county's base revenue for purposes of the commercial motor vehicle excise tax is equal to its distribution percentage multiplied by the amount of tax revenue collected in the preceding state fiscal year. Requires an airport operator to submit reports to the department listing aircraft stationed at the airport. Provides that if the airport operator submits an incomplete report, the airport operator is subject to a civil penalty of $100 per aircraft not properly included in the report. Specifies that the department has the sole authority to furnish forms used in the reporting of information in an electronic format. Allows the department to use statistical sampling in audits. Provides that if the taxpayer and the department agree on a sampling method to be used, the sampling method is binding on both parties. Specifies that if the department erroneously issues a refund check to a taxpayer, the department has two years from the time of issuing the erroneous refund to issue a proposed assessment. Requires (rather than allows) a taxpayer to round to the nearest dollar amount on income tax returns. Provides that partnerships and trusts are subject to the 20% penalty for failure to withhold and remit taxes required to be withheld for nonresident partners or nonresident beneficiaries. Provides that if a person has had more than one payment to the department returned for insufficient funds, the department may require that all future payments for all listed taxes be remitted with guaranteed funds. Allows the department to require a taxpayer that is on a payment plan for sales or withholding tax liabilities to make the payment using an automatic withdrawal from the person's bank account.
Date Action
02/02/2009 S: 2nd Author Added Sue Landske SB0543 Child support. (Taylor) Bill Tracks: Clerks, Sarah, Courts
Digest
Provides a $1,000 deduction from adjusted gross income for each child for whom a noncustodial parent is paying more than 50% of the noncustodial parent's child's living expenses during a taxable year. Requires a court to order interest charges on all delinquent child support payments up to seven percent per month. Provides that current income withholding requirement for Title IV-D child support payments apply to all child support payments.
Date Action
01/15/2009 S: 1st Reading Assigned Judiciary SB0544 Probate and property matters. (Taylor) Bill Tracks: Clerks, Sarah, Courts
Digest
Exempts property interests transferred to a surviving domestic partner from the inheritance tax imposed as a result of the other domestic partner's death. Provides that a surviving domestic partner is entitled to the same status as a surviving spouse in the probate code. Requires the clerk of the circuit court to establish a domestic partnership registry. Authorizes a couple that meets certain requirements to register their relationship as a domestic partnership. Enables domestic partnerships to own property as tenants in the entireties. Specifies that certain personal property becomes the sole property of a surviving domestic partner upon the death of the other domestic partner.
Date Action 01/15/2009 S: 1st Reading Assigned Judiciary SB0548 State payment of certain local borrowing costs. (Deig) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
Provides for the reimbursement by the state of borrowing costs of a taxing unit in a county if: (1) the department of local government finance ordered a reassessment of real property for the assessment date in 2006; (2) the billing of property taxes in the county in 2007 was late; and (3) as a result, the taxing unit had to borrow for current operations. Appropriates money from the state general fund to pay claims for reimbursement.
Date Action
01/15/2009 S: 1st Reading Assigned Appropriations SB0550 County government. (Lawson) Bill Tracks: Clerks, Surveyors, Recorders, Coroners, Sarah, Andrew, Assessors, David, Auditors, Treasurers, Council, Commissioners, Administration
Digest
Provides that in counties other than Marion County, the county commissioners shall after January 1, 2011, and before July 1, 2011, adopt a resolution specifying whether: (1) the voters of the county shall elect a single county chief executive officer who has the executive powers and duties of the county and a county council that has the legislative and fiscal powers and duties of the county; or (2) the voters of the county shall elect a county council that is a combined county executive, legislative, and fiscal body that has the executive, legislative, and fiscal powers and duties of the county. Provides that in counties other than Marion County, county commissioners are eliminated effective January 1, 2013. Provides that in counties with a county chief executive officer, the initial county chief executive officer is elected at the November 2012 general election. Specifies that after December 31, 2012, certain powers currently exercised by a county's board of commissioners shall be exercised by the county council. Provides that in counties with a county council that is a combined county executive, legislative, and fiscal body, the county council shall have three members elected from districts and two members elected at large. Provides that if the Constitution of the State of Indiana is amended so that it no longer requires the election in each county of a recorder, surveyor, coroner, auditor, or treasurer, individuals shall be appointed to those offices by the county executive (rather than elected) in counties other than Marion County. Specifies that individuals holding those offices at the time the Constitution is amended in such a manner may remain in office until the end of their terms of office. Provides that in counties other thanMarion County, on the earlier of the end of the county assessor's term of office or a date after June 30, 2009, that the office of county assessor becomes vacant, the county executive shall appoint an individual to serve as county assessor and that the county assessor shall no longer be elected.
Date Action
02/04/2009 S: Committee Sched 1:30 PM Room Senate Chamber Local Government SB0552 Satellite offices. (Lanane) Bill Tracks: Clerks, Sarah, Elections Position: Oppose Digest
Requires a county election board to establish one satellite office in a county for each 35,000 registered voters in the county during a year in which a general election is held. Limits the number of required satellite offices in each county to five. Provides that the county election board may adopt a resolution to establish the hours of the satellite offices and other provisions the board considers useful in operating the satellite offices. Provides that if the county election board does not adopt a resolution, the satellite offices must be open during the same hours that the circuit court clerk's office is open for casting absentee ballots. Requires the procedure for casting an absentee ballot at a satellite office to be substantially the same as the procedure for casting an absentee ballot in the office of the circuit court clerk. Provides for the state to reimburse a county's actual direct costs in the operation of the required satellite offices. Appropriates money from the state general fund to pay for reimbursement of the county costs. Makes technical changes.
Date Action
01/15/2009 S: 1st Reading Assigned Elections SB0558 Public safety disability benefits. (Kruse, Wyss) Bill Tracks: David, Public Safety, Sheriff
Digest
Provides for the payment of a catastrophic disability benefit to an individual: (1) who has a permanent and total disability from a catastrophic personal injury that is sustained in the line of duty as a member of the 1977 police officers' and firefighters' pension and disability fund (1977 fund) or as a sheriff, deputy sheriff, or town marshal in the public employees' retirement fund (PERF) after December 31, 2007, and that permanently prevents the individual from performing any gainful work; and (2) who was employed as a full-time public safety officer at the time the individual suffered the disability. Provides that in the case of a sheriff, deputy sheriff, or town marshal who is a member of PERF: (1) the PERF board shall make the determination concerning whether an individual is entitled to a catastrophic disability benefit; and (2) the catastrophic disability benefit is payable from PERF. Provides that a medical authority selected by the PERF board shall make a recommendation to the board concerning whether an applicant for a catastrophic disability benefit has a permanent and total disability from a catastrophic personal injury that permanently prevents the applicant from performing any gainful work. Provides that a determination by the PERF board may be appealed under the administrative orders and procedures act. Provides that in the case of a member of the 1977 fund: (1) the local pension board shall make a determination (for members covered under the 1990 disability system) or a recommendation to the 1977 fund advisory committee (for members covered under the pre-1990 disability system) of whether the fund member's impairment is a catastrophic disability; (2) the PERF board's director (for members covered under the 1990 disability system) or the 1977 fund advisory committee (for members covered under the pre-1990 disability system) shall make a final determination regarding whether an individual is entitled to a catastrophic disability benefit; and (3) the catastrophic disability benefit is payable from the 1977 fund. Specifies that the annual amount of an individual's catastrophic disability benefit is equal to the difference between: (1) the salary of a first class patrolman or first class firefighter (in the case of a member of the 1977 fund) or the individual's regular annual salary as a sheriff, deputy sheriff, or town marshal, in the case of an individual who is a member of PERF; minus (2) the sum of any annual salary, wages, or disability benefits paid (or to be paid) to the individual by the individual's public safety employer or by the public pension plan or public pension fund of which the individual is a member, including any Social Security disability benefits paid to the individual. Specifies that a catastrophic disability benefit may be paid only until: (1) the date on which the individual becomes 65 years of age, in the case of a member of PERF; or (2) the date on which the individual attains the age and years of service necessary for the individual to receive an unreduced annual retirement benefit, in the case of a member of the 1977 fund. Provides that a child or surviving spouse of an individual who is receiving a catastrophic disability benefit or was receiving a catastrophic disability benefit at the time of the individual's death is not required to pay educational costs at a state educational institution or state supported technical school.
Date Action
02/03/2009 S: Author Added Dennis K. Kruse SB0561 Property tax matters. (Hershman, Skinner) Bill Tracks: Andrew, Assessors, David, Auditors, Treasurers, Council, Commissioners, Finance/Tax/Assess
Digest
Provides that the maximum term or repayment period for obligations issued after June 30, 2009, that are wholly or partially payable from lease rental payments is 20 years after the date of the first lease rental payment. Provides that the general reassessment shall begin in 2010 (rather than 2009). Provides that a petition for reassessment: (1) must specify whether the reassessment should occur in a particular township or should be countywide; (2) must be signed by not less than 100 real property owners or 5% of real property owners in the township or county; and (3) must be filed with the department of local government finance (DLGF) not later than 45 days after notice of assessment is provided. Provides that the county assessor determines the values of all classes of land in the county. Requires the DLGF to be a party to any addendum to a contract: (1) between a county assessor and a professional appraiser; and (2) between a county and providers of assessment software. Provides that if an assessing official assesses or reassesses any real property, a tax statement or, if applicable, a reconciling property tax statement is notice to the taxpayer of the amount of the assessment or reassessment. For real property with new additions or improvements since the previous assessment date, requires a separate notice to be provided within 90 days after the assessor completes the appraisal of a parcel or receives a report for a parcel from a professional appraiser. Exempts public utility and governmental easement documents from the property sale disclosure filing requirement. Authorizes the DLGF to use money in the assessment training and administrationfund for data base management expenses. Requires a political subdivision and the DLGF to consider fund balances in excess of 10% of budgeted expenditures in formulating the budget, property tax levy, and property tax rate. Changes the date for political subdivisions to complete budgets from August 10 to September 10. Eliminates a taxpayer notice of assessed value and estimated taxes that would have been required in September each year beginning in 2010. Requires a civil taxing unit to provide the county fiscal body with its proposed budget, tax rate, and levy at least 45 days, instead of 15 days, before it fixes its rate (30 days instead of 14 days for nonelected units). Provides that a civil taxing unit's preceding year levy is used if the deadline is not met. Gives the county fiscal body (or oversight unit for nonelected units) 30 days to complete its review. Provides that a county's preceding year levy is used if the deadline is not met. Moves the deadline for local budget meetings from September 30 to November 1. Requires the county board of tax adjustment to complete its work before November 2, instead of October 1, in most counties. Provides that in Marion County and counties with second class cities the board must complete its work by December 1 instead of November 1. Changes the deadline for a civil taxing unit to appeal its levy limit from September 20 to October 20. Eliminates the local government tax control board and the school property tax control board. Eliminates the state board of accounts approval of the property tax statement. Removes the tax rate and percentage change in liability from the property tax statement. Eliminates expiring provisions. Provides that in the case of property taxes billed under a provisional tax statement: (1) the first installment is due on the later of May 10 of the year following the year of the assessment date or 30 days after the mailing of the provisional tax statement; and (2) the second installment is due on the later of November 10 of the year following the year of the assessment date or a date determined by the county treasurer that is not later than December 31 of the year following the year of the assessment date. Requires provisional tax statements and reconciling tax statements to be on forms prescribed by the DLGF. Provides that the tax liability under a provisional tax statement may be up to 100% of the tax liability that was payable in the same year as the assessment date for the property for which the provisional tax statement is issued. Requires a provisional tax statement to include any adjustments to the tax liability as prescribed by the DLGF. Provides that the county assessor is a nonvoting member of the property tax assessment board of appeals. Provides that the county commissioners make three (rather than two) appointments to the property tax assessment board of appeals. Specifies that the provisions requiring the calculation and use of school assessment ratios and adjustment factors apply only to school corporations in counties in which a supplemental county levy is imposed. Repeals a provision requiring the calculation of a state average assessment ratio. Provides that the board of a conservancy district may, subject to any required budget review and approval, increase the conservancy district's budget by not more than 10% for contingencies. (Current law requires the budget to be increased by 10% for contingencies.) Provides that in addition to the establishment of a fire protection district after the filing of a petition by freeholders, a county legislative body may also establish fire protection districts through the normal ordinance process.
Date Action
02/05/2009 S: Committee Report amend do pass, adopted SB0564 Model standards for vacant structures. (Breaux) Bill Tracks: David, Commissioners
Digest
Requires the state department of health to adopt model maintenance and repair standards that a local governmental body may use in developing the local governmental body's maintenance and repair standards for purposes of the unsafe building laws. Provides that a local governmental body may adopt maintenance and repair standards that are more stringent than the model standards adopted by the state department of health.
Date Action
01/20/2009 S: 1st Reading Assigned Local Government SB0569 County regulation of residential rental premises. (Breaux) Bill Tracks: David, Commissioners, Administration Digest
Provides that the International Property Maintenance Code applies to a residential lease. Requires a landlord to designate a local agent. Requires a landlord to make certain disclosures to a tenant. Provides that a rental premises leased under a residential lease may not be leased or occupied unless the rental premises has annually been issued a certificate of compliance by the county in which the rental premises is located. Requires a county legislative body to adopt an ordinance to designate or establish a department to implement the statute. (In Marion County, the statute designates the department of metropolitan development.) Requires the adopting ordinance to provide for implementation of the statute. Requires inspections of rental premises under certain circumstances. Provides for civil penalties for violations and other remedies.
Date Action
01/20/2009 S: 1st Reading Assigned Local Government SB0573 Binding arbitration of judicial mandates. (Boots) Bill Tracks: Andrew, David, Council, Commissioners, Courts, Finance/Tax/Assess
Digest
Provides that a judicial mandate must be submitted to binding arbitration upon the request of the court or the mandated party. Specifies that a judicial mandate submitted to binding arbitration must be heard by a panel of three arbitrators: one selected by the court, one selected by the mandated party, and the third selected by the first two arbitrators. Provides that the special judge shall set the compensation of the arbitrators and that the costs of arbitration are to be equally divided between the judge and the mandated party. Specifies that the arbitration hearing is open to the public and that documents provided in the scope of the arbitration are public documents unless privileged or declared confidential by another law. Provides that the arbitration panel shall reach a determination not later than 20 days after the date of the hearing, specifies that the determination of the arbitration panel is dispositive as to all issues, and requires the special judge to enter a judgment on the determination. Provides that the judgment of the special judge is effective without review by the supreme court.
Date Action
01/20/2009 S: 1st Reading Assigned Judiciary SB0579 Investigation of election law violations. (M. Young) Bill Tracks: Clerks, Courts, Elections
Digest
Authorizes the secretary of state (secretary) to conduct public or private investigations to determine whether a person has violated, is violating, or is about to violate Indiana election law. Gives the secretary certain investigative powers, including the power to issue subpoenas, compel the attendance of witnesses, require the filing of statements, and require the production of records, documents, and other things. Allows the secretary to apply to a circuit or superior court to enforce a subpoena. Allows a witness to apply to a circuit or superior court for relief from testifying or producing records, documents, or other things. Allows the secretary to make a written request to a court for use immunity, and requires the court to grant the secretary's request, for a witness that a court determines may properly refuse to testify or produce records, documents, or other things. Requires the secretary to forward the results of an investigation to the appropriate authorities, if the secretary finds evidence of the violation of election or criminal law. Requires the attorney general, at the secretary's request, to give all necessary assistance to the secretary in the investigation of possible election law violations.
Date Action
01/20/2009 S: 1st Reading Assigned Elections SB0582 School corporation governing bodies. (Mishler) Bill Tracks: Clerks, Sarah, Elections
Digest
Allows a change in a school board plan to be initiated by the filing of a petition signed by at least 10% of the voters of the school corporation with the clerk of the circuit court. (Under current law, a petition initiating a change in a school board plan must be signed by at least 20% of the voters of the school corporation.)
Date Action
01/20/2009 S: 1st Reading Assigned Elections SJR0001 Circuit breakers and other property tax matters. (Kenley, Kruse) Bill Tracks: Andrew, Auditors, Council, Commissioners, Finance/Tax/Assess
Digest
For property taxes first due and payable in 2012 and thereafter, requires the general assembly to limit a taxpayer's property tax liability as follows: (1) A taxpayer's property tax liability on homestead property may not exceed 1% of the gross assessed value of the homestead property. (2) A taxpayer's property tax liability on other residential property may not exceed 2% of the gross assessed value of the other residential property. (3) A taxpayer's property tax liability on agricultural land may not exceed 2% of the gross assessed value of the property that is the basis for the determination of the agricultural land. (4) A taxpayer's property tax liability on other real property may not exceed 3% of the gross assessed value of the other real property. (5) A taxpayer's property tax liability on personal property may not exceed 3% of the gross assessed value of the taxpayer's personal property that is the basis for the determination of property taxes within a particular taxing district. Specifies that property taxes imposed after being approved by the voters in a referendum shall not be considered for purposes of calculating the limits to property tax liability under these provisions Provides that in the case of a county for which the general assembly determines in 2008 that limits to property tax liability are expected to reduce in 2010 the aggregate property tax revenue that would otherwise be collected by all units and school corporations in the county by at least 20%, the general assembly may provide that property taxes imposed in the county to pay debt service or make lease payments for bonds or leases issued or entered into before July 1, 2008, shall not be considered for purposes of calculating the limits to property tax liability. Specifies that such a law may not apply after December 31, 2019. Permits the general assembly to exempt a mobile home used as a homestead to the same extent as real property. Specifies that an exemption may be granted in the form of a deduction or credit. Specifies that the general assembly may impose reasonable filing requirements to obtain an exemption, deduction, or credit. Date Action
02/05/2009 S: 2nd Reading Order Engrossed SJR0002 Next generation trust fund. (Bray, Delph) Bill Tracks: Sarah, Andrew, David
Digest
Establishes the next generation trust fund (fund) with a principal of $500 million. Provides that the principal of the fund may not be decreased. 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 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, $500 million is transferred from the state general fund or from other sources provided by law by the general assembly to establish the principal of the fund. This proposed amendment has not been previously agreed to by a general assembly.
Date Action
02/12/2009 S: Committee Sched 9:00 AM Room 431 Appropriations SJR0004 Prohibit certain mandates by courts. (Boots) Bill Tracks: Andrew, Council, Administration, Courts, Finance/Tax/Assess
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
01/07/2009 S: 1st Reading Assigned Judiciary SJR0005 Redistricting commission. (Simpson) Bill Tracks: Sarah, Andrew, David
Digest
Establishes a redistricting commission to draw congressional and legislative districts after the federal decennial census. Establishes principles for drawing districts. Repeals the constitutional provision for drawing legislative districts by the general assembly. This proposed amendment has not been previously agreed to by a general assembly.
Date Action
01/07/2009 S: 1st Reading Assigned Elections SJR0006 Property tax prohibition. (Waltz) Bill Tracks: Sarah, Andrew, David
Digest
Adds Article 10, Section 10.5 of the Constitution of the State of Indiana 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
01/07/2009 S: 1st Reading Assigned Rules and Legislative Procedure SJR0007 County officers. (Lawson, Boots) Bill Tracks: Surveyors, Recorders, Coroners, Treasurers, Administration
Digest
Removes the offices of county recorder, county treasurer, county coroner, 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
02/04/2009 S: Committee Sched 1:30 PM Room Senate Chamber Local Government SJR0008 Constitutional amendment on circuit breaker. (Mrvan) Bill Tracks: Andrew, Finance/Tax/Assess
Digest
For property taxes first due and payable in 2012 and thereafter, requires the general assembly to limit a taxpayer's property tax liability on homestead property to an amount that does not exceed 1% of the gross assessed value of the homestead property. Indicates that a homestead includes certain trust, cooperative housing, and personal property. This proposed amendment has not been previously agreed to by general assembly.
Date Action
01/07/2009 S: 1st Reading Assigned Appropriations SJR0010 Vehicle joint resolution. (Long) Bill Tracks: Sarah, Andrew, David
Digest
This proposed amendment has not been previously agreed to by a general assembly.
Date Action
01/07/2009 S: 1st Reading Assigned Rules and Legislative Procedure SJR0011 Vehicle joint resolution. (Long) Bill Tracks: Sarah, Andrew, David
Digest This proposed amendment has not been previously agreed to by a general assembly.
Date Action
01/07/2009 S: 1st Reading Assigned Rules and Legislative Procedure SJR0012 Vehicle joint resolution. (Long) Bill Tracks: Sarah, Andrew, David
Digest
This proposed amendment has not been previously agreed to by a general assembly.
Date Action
01/07/2009 S: 1st Reading Assigned Rules and Legislative Procedure SJR0013 Vehicle joint resolution. (Long) Bill Tracks: Sarah, Andrew, David
Digest
This proposed amendment has not been previously agreed to by a general assembly.
Date Action
01/07/2009 S: 1st Reading Assigned Rules and Legislative Procedure SJR0014 Vehicle joint resolution. (Long) Bill Tracks: Sarah, Andrew, David
Digest
This proposed amendment has not been previously agreed to by a general assembly.
Date Action
01/07/2009 S: 1st Reading Assigned Rules and Legislative Procedure SJR003 Homesteads exempt from property tax. Bill Tracks: Andrew, Assessors, Council, Finance/Tax/Assess
Digest
Exempts homesteads from property taxation. This proposed amendment has not been previously agreed to by a general assembly.
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