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HB1001 |
State and local finance. (Crawford, Kenley) Digest
Eliminates: (1) medical assistance to wards fund levies; (2) family and
children's fund levies; (3) children's psychiatric residential treatment
services fund levies; and (4) children with special health care needs county
fund levies. Eliminates the hospital care for the indigent fund levy and a
portion of the health and hospital corporation levy. Eliminates the statewide
property tax levies imposed for the state forestry fund, the state fair, and
department of local government finance (DLGF) data base management. Provides
for the assumption by the state of the costs of child welfare services and
incarcerating delinquent children in a department of correction facility.
Makes related changes to procedures governing the adjudication of children as
children in need of services or as a delinquent child. Provides that payment
for child services shall be made not later than 60 days after the date the
department of child services receives the service provider's invoice together
with a properly prepared claim voucher and documentation. Provides for the
assumption by the state of the amount previously raised by the hospital care
for the indigent fund levy and a portion of the health and hospital
corporation levy. Eliminates school corporation tuition support levies.
Increases the state tuition distribution by the amount of the terminated
tuition support levy. Creates the state tuition reserve fund. Abolishes the
tuition support account in the state general fund. Requires a transfer of
money from the state general fund to the state tuition reserve fund. Provides
an additional supplemental standard deduction for homesteads. Provides
additional homestead credits in 2008 of $620,000,000. Provides that in a
county that adopted a local option income tax (LOIT) in 2007, the county
auditor, with the approval of the county fiscal body may petition the DLGF to
permit a portion of the additional 2008 homestead credit to be used instead
to increase the additional state funded homestead credit provided for 2009 or
in both 2009 and 2010. Provides $140,000,000 in homestead credits in 2009 and
$80,000,000 in homestead credits in 2010. Provides that a school corporation
may not impose a special education preschool property tax levy after December
31, 2008. Requires the department of education to make distributions equal to
the product of $2,750 multiplied by the number of special education preschool
children who are students in the school corporation. Increases the maximum
amount of the state income tax deduction for renters from $2,500 to $3,000.
Provides that an individual who owns a homestead with a gross assessed value
of less than $160,000 and who has adjusted gross income of $30,000 (in the
case of a single return) or $40,000 (in the case of a joint return) is
entitled to a property tax credit to the extent that property taxes on the
individual's homestead increase by more than 2% from the prior year. Repeals
the expiration date for the state earned income tax credit. Provides that the
maximum amount of the standard deduction is the lesser of $45,000 or 60% of
assessed value for 2009 and thereafter. Requires the DLGF to adopt rules or
guidelines concerning the application for the standard deduction. Increases
the sales and use tax rates from 6% to 7%. Adjusts distributions of sales tax
and use tax so that new revenue from the rate increase is deposited in the
state general fund. Reduces sales tax collection allowances for retail
merchants. Beginning in 2009, abolishes property tax replacement credits,
state homestead credits (except for the temporary homestead credits in 2009
and 2010), the property tax replacement fund, and the property tax reduction
trust fund. Provides that revenues from sales tax, income tax, and certain
wagering taxes formerly deposited in those funds are to be deposited in the
state general fund. Provides that a county council may adopt an ordinance to
allow a taxpayer to make installment payments of taxes due under a
reconciling statement. Provides that for property taxes first due and payable
in 2009, the circuit breaker credit is equal to the amount by which a
person's property tax liability attributable to the person's: (1) homestead
exceeds 1.5%; (2) residential property exceeds 2.5%; (3) agricultural land
exceeds 2.5%; (4) long term care property exceeds 2.5%; (5) nonresidential
real property exceeds 3.5%; or (6) personal property exceeds 3.5%; of the
gross assessed value of the property that is the basis for determination of
the property taxes. Provides that for property taxes first due and payable in
2010 and thereafter, the circuit breaker credit is equal to the amount by
which a person's property tax liability attributable to the person's: (1)
homestead exceeds 1%; (2) residential property exceeds 2%; (3) agricultural
land exceeds 2%; (4) long term care property exceeds 2%; (5) nonresidential
real property exceeds 3%; or (6) personal property exceeds 3%; of the gross
assessed value of the property that is the basis for determination of the
property taxes. Specifies that property taxes imposed after being approved by
the voters in a referendum or local public question shall not be considered
for purposes of calculating the circuit breaker credit. Provides that for
certain eligible counties, property taxes imposed 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 circuit breaker
credit. Changes the membership of the distressed unit appeal board. Makes
changes to the relief available from the distressed unit appeal board.
Provides that the distressed unit appeal board may provide that some or all
of the property taxes that are being imposed to pay debt and that would
otherwise be included in the calculation of the circuit breaker credit shall
not be included for purposes of calculating the credit. Authorizes a
distressed political subdivision to petition the tax court for judicial
review of a final determination of the distressed unit appeal board. Provides
that political subdivisions are required to fully fund the payment of their
debt obligations, regardless of any reduction in property tax collections due
to the circuit breaker credit. Provides for a grant in 2009 and 2010 to
replace a portion of the revenue lost to a school corporation from the
application of the circuit breaker credit. Specifies that a school
corporation is entitled to such a grant in a particular year only if it
expects to lose more than 2% of its property tax revenue because of
application of the circuit-breaker credits. Provides that a school bus
replacement plan must apply to at least 12 years (rather than 10 years).
Requires the state board of education to adopt administrative rules setting
forth guidelines for the selection of school sites and the construction,
alteration, and repair of school buildings, athletic facilities, and other
categories of facilities related to the operation and administration of
school corporations. Requires a school corporation to consider the guidelines
and to submit proposed plans and specifications to the department of
education. Requires the department of education to provide written
recommendations to the school corporation, including findings as to any
material differences between the plans and specifications and the guidelines.
Requires the school corporation to have a public hearing on the plans and
specifications. Requires the department of education to establish a central
clearinghouse containing prototype designs for school facilities. Permits a
school corporation to appeal to the department of local government finance to
impose a shortfall levy to replace a shortfall in a tuition support levy
imposed before 2009. Provides that beginning in 2010, the budget year for all
school corporations shall be from July 1 of the year through June 30 of the
following year. Effective July 1, 2008, transfers to the county assessor
property assessment duties of township assessors in all townships in which
the number of real property parcels is less than 15,000 and in townships in
which there is a trustee-assessor. Requires a referendum to be held at the
general election in 2008 in each township in which the number of parcels of
real property on January 1, 2008, is at least 15,000. Provides that the
referendum shall determine whether to transfer to the county assessor the
assessment duties that would otherwise be performed by the elected township
assessor of the township. Provides that a person who runs in an election
after January 1, 2012, for the office of township assessor must have attained
the certification of a level three assessor-appraiser before taking office.
Establishes a procedure for removal from office of county assessors and
township assessors who fail to adequately perform the duties of office.
Amends the procedure to obtain a review by the county property tax assessment
board of appeals. Provides that each appraiser that performs assessments on
behalf of a county property assessment contractor must have a level two
assessor-appraiser certification, and requires the DLGF to consider before
approving the contract the contractor's experience, training, and number of
employees. Provides that the DLGF must be a party to appraisal and
reassessment contracts. Specifies that after June 30, 2009, an employee of a
county assessor who performs real property assessing duties must have
attained the level of certification that the assessor is required to attain.
Repeals the county land valuation commission and obsolete provisions.
Provides that in 2009 and each year thereafter, the state pension relief fund
shall pay to each unit of local government the total amount of pension,
disability, and survivor benefit payments from the old police and firefighter
funds by the unit. Provides that for property taxes first due and payable
after December 31, 2008, the DLGF shall reduce the maximum permissible property
tax levy of any civil taxing unit and special service district by the amount
of the payment to be made in 2009 by the state for benefits to members (and
survivors and beneficiaries of members) of the 1925 police pension fund, the
1937 firefighters' fund, or the 1953 police pension fund. Makes an
appropriation to the pension relief fund. Provides that certain interest
earned by the public deposit insurance fund continues to be used to pay local
police and firefighter pensions through 2022. (Under current law, the
interest would be used for this purpose through 2012.) Provides that for
purposes of computing and distributing excise taxes or local option income
taxes, the computation and distribution of the excise tax or local option
income tax shall be based on the taxing unit's property tax levy as
calculated before any reduction due to circuit breaker credits. Provides that
the local government tax control board is not abolished. Provides that a
capital project is a controlled project if it will cost the political
subdivision more than the lesser of $2,000,000 or an amount equal to 1% of
the total gross assessed value of property within the political subdivision
on the last assessment date (if that amount is at least $1,000,000). Provides
that a project that is in response to a natural disaster, emergency, or
accident that makes a building or facility unavailable for its intended use
and that is approved by the county council is not a controlled project for
purposes of the referendum process. Provides that a controlled project for a
school building for kindergarten through grade 8 is subject to a referendum
if the cost is more than $10,000,000. Provides that a controlled project for
a school building for grade 9 through grade 12 is subject to a referendum if
the cost is more than $20,000,000. Provides that other controlled project
with a cost that exceeds the lesser of $12,000,000 or 1% of assessed value
(but at least $1,000,000) are also subject to a referendum. Specifies that it
takes 100 persons who are either owners of real property within the political
subdivision or registered voters residing within the political subdivision or
5% of the registered voters residing within the political subdivision to
initiate such a referendum. Provides that controlled projects that are not
subject to a referendum are subject to the petition and remonstrance process.
Repeals provisions concerning: (1) the procedures for amending a resolution
previously adopted by a redevelopment commission; and (2) locally funded
property tax replacement credits in tax increment financing (TIF) allocation
areas. Provides that certain property tax levy appeals are eliminated
beginning in 2009. Provides that the levy appeal for increased costs to a
civil taxing unit resulting from annexation, consolidation, or other
extensions of governmental services is not eliminated. Allows such an appeal
in the first year increased costs are incurred and the immediately succeeding
four years, and makes the excessive levy for a year a permanent part of the unit's
maximum permissible levy for succeeding years. Eliminates certain exceptions
to the property tax levy limits. Provides that the exemptions from the
property tax levy limits for certain taxes to fund a community mental health
center or community mental retardation and other developmental disabilities
center do not apply to a civil taxing unit that did not fund a community
mental health center or community mental retardation and other developmental
disabilities center in 2008. Specifies the method for determining the
assessed value of certain agricultural land that has been strip mined. Makes
other changes related to property tax assessment. Repeals the county boards
of tax and capital projects review. Provides that review and approval by the
DLGF are not required before a civil taxing unit may issue or enter into
bonds, a lease, or any other obligation if the civil taxing unit's
determination to issue or enter into the bonds, lease, or other obligation is
made after June 30, 2008. Provides that after June 30, 2008, review and
approval by the DLGF are not required before a civil taxing unit may
construct, alter, or repair a capital project. Provides that in counties
without a county board of tax adjustment, each civil taxing unit that imposes
property taxes shall file with the fiscal body of the county in which the
civil taxing is located: (1) a statement of the proposed or estimated tax
rate and tax levy for the civil taxing unit for the ensuing budget year; and
(2) a copy of the civil taxing unit's proposed budget for the ensuing budget
year. Provides that a county fiscal body shall issue a nonbinding
recommendation to a civil taxing unit regarding the civil taxing unit's tax
rate or levy or proposed budget. Provides that in the case of a taxing unit's
governing body that does not consist of a majority of officials who are
elected, the governing body may not issue bonds or enter into a lease payable
in whole or in part from property taxes unless it obtains the approval of the
city or town fiscal body or the county fiscal body (as applicable). Provides
that review by the DLGF and approval by the DLGF are not required before a
school corporation may issue or enter into bonds, a lease, or any other
obligation if the school corporation's determination to issue or enter into
the bonds, lease, or other obligation is made after June 30, 2008. Provides
that after June 30, 2008, review by the DLGF and approval by the DLGF are not
required before a school corporation may construct, alter, or repair a
capital project. Prohibits, with respect to bonds payable from property
taxes, special benefit taxes, or tax increment revenues, a local issuing body
from: (1) issuing refunding bonds that have a repayment date that is beyond
the maximum term of the bonds being refunded; or (2) using savings resulting
from refunding bonds or surplus proceeds for any purpose other than to
maintain a debt service reserve fund, repay bonds, or reduce levies. Requires
the local issuing body to pay interest and principal on bonds on a schedule that
provides for substantially equal installment amounts and regular payment
intervals, with certain exceptions. Provides that (with certain exceptions)
the maximum terms for property tax based obligations are: (1) the maximum
applicable period under federal law for obligations issued to evidence loans
under a federal program; (2) 25 years for TIF obligations; and (3) 20 years
for other property tax based obligations. Specifies that the need for level
principal payments over the term of the obligations, in order to reduce total
interest costs, is an exception to the requirement that an agreement for the
issuance of obligations must provide for the payment of principal and
interest on the obligations in nearly equal payment amounts and at regular
designated intervals over the maximum term of the obligations. Provides that
certain decisions with respect to TIF allocation areas are to be made by the
legislative or fiscal body of the city, town, or county instead of the
redevelopment commission or are subject to the approval of the legislative or
fiscal body. Provides that if TIF revenues of an allocation area have been
decreased by a law enacted by the general assembly or by an action of the
DLGF below the amount needed to make all payments on obligations payable from
tax increment revenues, the governing body of the TIF district may: (1)
impose a special assessment on the owners of property in an allocation area;
(2) impose a tax on all taxable property in the TIF district; or (3) reduce
the base assessed value of property in the allocation area to an amount that
is sufficient to increase the tax increment revenues. Requires review of
these actions by the legislative body of the unit that established the TIF
district. Makes other changes related to TIF. Provides three additional
options for the distribution of local option income tax for property tax
replacement in
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HB1077 |
Funding for local Memorial Day celebrations. (Niezgodski, Broden) Digest
Removes the limit on the amount a township, city, town, or county may appropriate to certain veterans' organizations to aid in defraying Memorial Day expenses.
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HB1105 |
Various public safety matters. (Tincher, Bray) Digest
Increases to 65 years of age (from 60 years of age) the mandatory retirement age for a participant in the excise police, gaming agent, and conservation enforcement officers' retirement plan (plan). Caps the plan's annual retirement allowance at 75% of the participant's average annual salary. Establishes a deferred retirement option plan (DROP) for plan participants. Requires a law enforcement officer who: (1) has less than 25 years experience as a law enforcement officer; and (2) has not been employed as a law enforcement officer in the 10 years before being hired as a law enforcement officer or is hired in an upper level policymaking position; to repeat the full basic training course in order to regain law enforcement powers. Provides that a law enforcement officer who has at least 25 years experience as a law enforcement officer is not required to repeat the full basic training course but is required to attend a refresher course and a pre-basic training course to regain law enforcement powers. Provides that a refresher course for an officer who has not been employed as a law enforcement officer more than six years but less than ten years and is hired in an upper level policymaking position: (1) may not exceed 120 hours of course work; and (2) must include any credit hours received for completion of the police chief executive training program. Provides that a governmental body may transfer property to the board of fire trustees of a fire protection district or the provider unit of a fire protection territory under the same circumstances that property may be transferred to a volunteer fire department. Provides that a participating unit in a fire protection territory may transfer any money belonging to the participating unit to the fire protection territory fund, the fire protection territory equipment replacement fund, or both funds. Legalizes any transfer of money from a participating unit to a fire protection territory before July 1, 2008. Provides that when a fire protection territory dissolves, title to any real property transferred to the provider unit reverts to the participating unit that transferred the real property to the provider unit. Requires the Indiana criminal justice institute to prepare a yearly report concerning: (1) probationary and restricted driving privileges for persons holding a commercial driver's license; (2) prosecuting attorney diversion and deferral limitations and the computer system established by the prosecuting attorneys council of Indiana; (3) e-citations; (4) ignition interlock programs and other alcohol monitoring systems and other alcohol abuse deterrent programs; and (5) procedures and practices regarding license suspensions or granting of restricted or probationary licenses for persons holding a commercial driver's license or for the arrest or conviction of persons concerning a violation of certain alcohol related offenses. Provides that the reporting ends January 1, 2014.
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HB1108 |
Sheriff's compensation. (Buell, Merritt) Digest
Provides that the maximum annual compensation for a county sheriff is the sum of: (1) the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county; and (2) the amount of any additional annual salary paid by the county from county sources to a full-time prosecuting attorney in the county. Provides that the compensation limit applies to a sheriff elected or reelected to office after November 1, 2010. Requires the sheriff to deposit into the county general fund any tax warrant collection fees that would, if retained by the sheriff, result in the sheriff's annual compensation exceeding the allowed amount. Requires amounts deposited in a county's general fund under this provision to be used to reduce any unfunded liability of a sheriff's pension trust plan established for the county's sheriff's department. Provides that any amounts remaining after applying money to the unfunded liability must be applied to the costs of operating the county's sheriff's department.
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HB1145 |
Tax delinquent properties. (Pelath, Boots) Digest
Provides that a county may transfer real property for which the county holds a tax deed to an abutting landowner for no consideration or nominal consideration. Provides that a political subdivision that acquires real property from a county at a time when the county holds a tax deed for the real property may also transfer the real property to an abutting landowner for no consideration or nominal consideration. Provides for notice to all abutting landowners before a county or other political subdivision initiates negotiations for sale or transfer of the real property.
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HB1187 |
Nonprofit corporations. (L. Lawson, Lawson) Digest
Provides that notice given by a nonprofit corporation (corporation) is fair and reasonable if the corporation provides notice by: (1) communicating in person; (2) mail or other method of delivery; or (3) other electronic means capable of verification. Requires a corporation to maintain a notice in a record unless the notice was given orally. Establishes when notice is effective. Requires a corporation to retain ballots for a certain period. Establishes circumstances under which contracts or transactions that involve conflicting interests of members, directors, members of a designated body, or officers are not void or voidable. (Current law establishes the circumstances under which contracts or transactions that involve conflicting interests of directors are not void or voidable.) Amends provisions that restrict certain actions by committees of directors. Allows: (1) boards of directors; and (2) members present at a committee meeting; to appoint alternate members of a committee. Allows corporations to create or authorize the creation of advisory committees. Provides that a constituent of a business entity and the business entity are presumed to have agreed to conduct certain actions electronically unless conducting the actions electronically is prohibited by the governing documents of the business entity or an express statement by the business entity. Establishes certain guidelines for the use of electronic records or electronic signatures. Makes other changes and conforming amendments. Repeals a provision that is replaced concerning conflicting interest contracts or transactions.
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HB1275 |
Local government copying fees. (Stemler, Sipes) Digest
Defines the "actual cost" to a local government agency of copying a public record.
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HB1280 |
Energy efficient buildings. (Pierce, Hershman) Digest
Requires the environmental quality service council to study: (1) whether public entities should be required or encouraged to seek to achieve energy and environmental design ratings in the construction and renovation of buildings and structures; and (2) related issues.
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SB0041 |
Public freshwater lakes. (R. Meeks, Dembowski) Digest
Defines "acquiescence" and "lake" for purposes of certain lake preservation laws. Establishes evidence that indicates the acquiescence of a riparian owner to allow the public use of a lake. Makes conforming changes. Requires the department of natural resources to prepare a list of public freshwater lakes. Allows the owners of a body of water to petition to have the body of water declared a public freshwater lake.
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SB0043 |
State administration and environmental matters. (Gard, Dvorak) Digest
Requires, with respect to environmental rules subject to automatic expiration, the department of environmental management (IDEM) or the appropriate rulemaking board to publish a notice identifying which of the rules will be readopted. Requires IDEM or the board, on request of a person, to consider readoption of an environmental rule that IDEM or the board proposes to allow to expire. Establishes procedures to prevent a county department of storm water management and a municipal works board from imposing fees in the same area for storm water management. Provides that a solid waste management district has the power to pay a fee to a county that: (1) was part of a joint district; (2) has withdrawn from the joint district as of January 1, 2008; and (3) has established its own district in which a final disposal facility is located. Provides that a person must be qualified as a mediator under Indiana Supreme Court Rules to serve as a mediator in an administrative proceeding unless the parties and the administrative law judge agree to a mediator who is not qualified as such. Eliminates the requirement for IDEM to include a laboratory division. For a landfill that is not exempt from demonstration of need requirements in a county that does not zone, provides: (1) that an applicant that has an application pending on April 1, 2008, for an original permit for construction or operation and that meets certain other conditions must submit a new permit application and meet the requirements of all applicable environmental laws existing at the time the new permit is sought, that the applicant is not required to pay a new application fee, and that the county executive must approve the proposed facility location; and (2) that the county executive must approve the proposed facility location for an application for an original construction permit submitted to the department after March 31, 2008. Provides in a county that zones that a person holding a permit for construction of a landfill that has not accepted waste and for which zoning was approved before April 1, 1985, may begin or complete construction only if the zoning authority reviews and approves the appropriateness and legality of the zoning under current law. Eliminates the requirement for certain water and wastewater operators to display certificates. Provides that a wastewater management vehicle must have an identification number issued by IDEM instead of a license. Provides that IDEM may issue a wastewater management permit that incorporates issuance of a wastewater management vehicle identification number and approval of a land application site. Eliminates the requirement for an applicant for certain waste permits to include the applicant's Social Security number in the application disclosure statement. Allows IDEM to require additional information in the application. With respect to the mercury switch removal program: (1) states the purposes of the program; (2) requires IDEM to pay recyclers for removed anti-lock braking system G-force sensors and other components containing more than 10 milligrams of mercury; and (3) provides that the mercury switch removal requirement does not apply if the removal would require dismantling of the vehicle. Allows IDEM to use money in the underground petroleum storage tank excess liability trust fund for the inspection of underground storage tanks, and limits the combined amount of payments from the fund in a year for tank inspection and administration of claims against the fund to 10% of the fund income in the immediately preceding year. Establishes standards for electronic submission of information to IDEM. Repeals certain environmental crimes statutes, and substitutes a statute that: (1) designates environmental violations as crimes; (2) establishes more severe penalties if the violation results in substantial harm to the environment or loss of human life; (3) establishes factors to be considered in sentencing; and (4) establishes maximum and minimum fines. Reduces from a Class D felony to a Class B misdemeanor the penalty for offenses concerning: (1) destruction, alteration, concealment, or false certification of a record; (2) rendering inaccurate or inoperative a recording device or a monitoring device; and (3) falsifying testing or monitoring data. Provides that criminal penalties apply regardless of whether a person uses electronic submissions or paper documents to accomplish the criminal actions. Extends the environmental crimes task force for one year.
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SB0133 |
Public employees retirement fund (PERF). (R. Meeks, Klinker) Digest
Provides for a cost of living adjustment for a retired member of PERF (or a survivor or beneficiary of a member). Provides that the pension portion of the monthly benefit payable to a retired PERF member, excluding elected officials, may not be less than $180. Provides for a thirteenth check based on the complete years of service credited to a member at retirement. Repeals the current provision requiring the monthly benefit payable to a retired PERF member to be at least $180. Allows a member or beneficiary of PERF to assign a benefit payment to pay insurance premiums to an association that proves to the PERF board's satisfaction that the association has as members at least 20% of the retired members of PERF.
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SB0176 |
Courthouse preservation advisory commission. (Merritt, Bischoff) Digest
Establishes the courthouse preservation advisory commission. Requires the commission to provide assistance for courthouse related projects. Establishes the courthouse preservation fund. Requires the commission to submit a report to the legislative council. Repeals and relocates the definition of "division" for purposes of the division of historic preservation and archeology.
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SB0207 |
Public records and criminal offenders. (Walker, L. Lawson) Digest
Provides that a public agency may deny public records requests made by a person incarcerated in a correctional facility if the requested public records: (1) contain personal information concerning a correctional officer, crime victim, or family member of a correctional officer or crime victim; or (2) relate to the security of a jail or correctional facility. (The introduced version of this bill was prepared by the sentencing policy study committee.)
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SB0208 |
Tax payments. (Tallian, E. Harris) Digest
Allows a county after June 30, 2009, to authorize county taxpayers to pay property taxes by automatic deduction from a checking account. Provides that after June 30, 2009, a county council may authorize the payment of property taxes by a monthly installment plan (in addition to the option of authorizing payments by automatic deductions from a checking account). Specifies that in the case of a taxpayer that pays property taxes by automatic deductions, the payment is deducted from the taxpayer's checking account on a date chosen by the taxpayer. Specifies that if a taxpayer makes automatic monthly deductions or monthly installments of property taxes in the amount determined by the county treasurer, the taxpayer's property tax payments shall not be considered delinquent and the taxpayer is not subject to penalties.
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SB0219 |
Lactation support in the workplace. (Simpson, Welch) Digest
Provides that the state and political subdivisions: (1) shall provide for reasonable paid breaks for an employee to express breast milk for the employee's infant child; (2) must make reasonable efforts to provide a room or other location in close proximity to the work area where the employee can express the employee's breast milk in privacy; and (3) must make reasonable efforts to provide for a refrigerator or other cold storage for keeping breast milk that has been expressed. Provides that other employers that employ 25 or more individuals, to the extent reasonably possible, must provide: (1) a private location for an employee to express the employee's breast milk during any period away from the employee's assigned duties; and (2) a refrigerator or other cold storage space, or allow the employee to provide the employee's own portable storage device, for keeping the expressed milk until the end of the employee's work day. Provides that, except in case of willful misconduct, gross negligence, or bad faith, an employer is not liable for any harm caused by or arising from: (1) the expressing of an employee's breast milk; or (2) the storage of expressed milk; on the employer's premises.
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SB0226 |
Municipal utilities; utility services provided by landlords. (Hershman, Welch) Digest
Provides that a municipality that seeks to sell or dispose of nonsurplus municipally owned utility property must adopt an ordinance appointing three Indiana residents to serve as appraisers, as follows: (1) One disinterested person who is a licensed engineer. (2) One disinterested persons who is a licensed appraiser. (3) One disinterested person who is either a licensed engineer or a licensed appraiser. (Current law provides for the appointment of one disinterested freeholder who is a resident of the municipality and two disinterested licensed appraisers). Eliminates the requirement that one of the licensed appraisers must reside not more than 50 miles from the property. Provides that if the municipality decides to proceed with the sale or disposition after the return of the appraisal, the municipality shall, not later than 45 days after the return of the appraisal, hold a public hearing to do the following: (1) Review and explain the appraisal. (2) Receive public comment on the proposed sale or disposition. (3) Adopt an ordinance for the sale or disposition. (Current law: (1) requires the municipality to publish notice of a hearing on the ordinance not later than 15 days after the return of the appraisal; and (2) prohibits the municipality from holding the hearing until 30 days after the notice is given.) Provides that the municipality is not required to adopt an ordinance if, after the hearing, the municipality determines it is not in the interest of the municipality to proceed with the sale or disposition. Allows a municipality to proceed to sell or dispose of the property if: (1) the municipality adopts an ordinance providing for the sale or disposition; and (2) a petition opposing the sale or disposition is not filed within 30 days after the notice of hearing. (Current law provides that a municipality shall proceed to sell or dispose of the property if a petition is not filed within the 30 day period.) Provides that a municipal utility may not issue bonds, notes, or other obligations without the approval of the utility regulatory commission (IURC) if the bonds, notes, or other obligations are payable more than 12 months after their execution. (Current law requires the IURC to approve any bond issue of a municipal utility.) Provides that a landlord that distributes water or sewage disposal service from a public or municipally owned utility to one or more dwelling units is not a public utility solely by reason of engaging in such activity if: (1) the landlord bills tenants separately from rent for the services distributed; (2) the total charge for the services is not more than what the landlord paid the utility for the same services, less the landlord's own use; and (3) the landlord provides the tenant with a written disclosure that meets specified requirements. Provides that a complaint may be filed with the IURC alleging that a landlord is acting as a public utility. Requires the IURC to: (1) consider the complaint; and (2) if the IURC considers it to be necessary, enter an order requiring a billing adjustment.
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SB0227 |
Domestic violence and invasion of privacy. (Becker, L. Lawson) Digest
Renames the "sexual assault standards and certification board" as the "sexual assault victims advocate standards and certification board" (board) and moves control of the board to the criminal justice institute from the department of workforce development. Moves the sexual assault victims assistance account and all balances and encumbrances to the criminal justice institute from the department of workforce development. Removes the executive director of the commission for women from membership on the board and adds representatives of the office of family and social services and state department of health as members. Provides that victim advocates and victim services providers may not give testimony, produce records, or disclose certain confidential communications and confidential information without the victim's consent. Provides that a victim may not be forced to consent to the disclosure of confidential information in order to receive services. Requires a victim to be notified if confidential information is disclosed. Makes certain information obtained as part of an application for certain gaming licenses confidential. Allows a court: (1) to prohibit a defendant who has not been released from lawful detention from contacting a particular individual; and (2) to require, as a part of a person's executed sentence, that the person refrain from contact with a particular individual. Makes it a Class A misdemeanor to contact a particular individual in violation of: (1) a prohibition imposed on a defendant while in lawful detention; or (2) a requirement imposed as a condition of an executed sentence. Makes conforming changes. Repeals provisions being superseded by this bill.
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SB0241 |
Department of homeland security. (Wyss, Arnold, Tincher) Digest
Provides that revenue in the emergency planning and right to know fund may be used to maintain, repair, and calibrate equipment purchased for a hazardous materials response team. Specifies the purposes for which money in the state disaster relief fund may be spent. Deletes existing law providing that interest accruing from investments in the state disaster relief fund is deposited into that fund. Provides that money in the regional public safety training fund that remains unencumbered at the end of a state fiscal year shall be transferred to the fire training infrastructure fund. (Current law provides that money in the regional public safety training fund that is not appropriated to the fund is transferred to the fire training infrastructure fund.) Permits the department of homeland security to adopt emergency rules to implement changes to the state disaster relief fund. Provides that an amusement and entertainment permit issued by the division of fire and building safety to a school expires one year after the date the permit is issued, rather than on December 31 of the year in which the permit is issued. Makes technical corrections.
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SB0329 |
Judges' pensions. (Kruse, VanHaaften) Digest
Allows a person serving as a full-time magistrate on July 1, 2010, and
requires a person who begins serving as a full-time magistrate after that
date, to become a participant in the judges' 1985 benefit system (1985
system). Allows under certain conditions a judge who is a participant in the
1985 system to transfer to the 1985 system service credit earned as a
full-time referee, commissioner, or magistrate after leaving a position
covered by the 1985 system. Allows under certain conditions a magistrate who
is a participant in the 1985 system to purchase, at full actuarial cost,
service credit for service earned in the public employees' retirement fund as
a full-time magistrate, referee, or commissioner. For certain participants in
the 1985 system who apply for a retirement benefit after December 31, 2009,
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 salary being paid to the participant at the time of the participant's
separation from service.) Provides that benefit increases paid after December
31, 2009, to a participant in the 1985 system who applies for a retirement
benefit before January 1, 2010, 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 $3 to $5, and
directs that the additional amount be paid into the judges' retirement fund,
except for the additional amount collected by the
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SB0334 |
Severe weather warning sirens. (Waltz, Avery) Digest
Requires the department of homeland security (department) to adopt rules before January 1, 2010 to establish: (1) minimum technical standards for severe weather warning sirens; (2) the circumstances under which a severe weather warning siren (siren) may be activated; (3) information required in a siren coverage report or siren coverage plan; and (4) other rules necessary to assess coverage of sirens in Indiana and determine the need for additional sirens. Requires the department, at the request of a county legislative body, to assist the county in development of a siren coverage plan. Permits the department to require a county that requests assistance in development of a siren coverage plan to develop a siren coverage report. Specifies the content of a siren coverage report and a siren coverage plan. Requires the department to assist a county that adopts a siren coverage plan to implementation of the plan and obtain federal and other grants to enable the county in implementation of the plan. Requires the department to adopt certain rules not later than January 1, 2010.
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SJR0001 |
Circuit breakers and other property tax matters. (Kenley, Rogers, Crawford) 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. This proposed amendment has not been previously agreed to by a general assembly.
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