LEGISLATIVE UPDATES
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Legislative Updates

2018 General Assembly

Updated January 27, 2018

Brothers and Sisters,

As we rapidly approach the 2nd half of the session most of our bills are still moving and some very good pension bills are going to a summer study committee for further review. Such as SB75,HB1147 and SB195 all three of these bills would enhance the benefits to the 77 fund members but not 100% sure of the impact it would have on the fund. That's why it needs more of a in-depth study. SB152 and HB1110 would add EMS, airport fire and university fire to the list with career fire and police for free health care coverage to surviving spouses and children when that person is killed in the line of duty. SB119 deals with buying in State service credit, this bill has passed the Senate and is going to the House. SB393 is a bill that the PFFUI has been working on for four years now, this is the firefighter safety notification bill and it has passed a Senate committee unanimously. Some of the bills that would have a negative impact on our members or how we do business, appear to not be moving at this time.
Below is a complete list of the bills we are tracking at this time and it may change from time to time.

If you have any questions please give President Hanify or myself a call.

Fraternally,

Mike Whited
Vice-President, PFFUI
765-744-5853

Tom Hanify
President, PFFUI
317-450-1381

 

Click on the bill number for current status.

House Bills (HB)

Senate Bills (SB)

HB1005

TOWNSHIP GOVERNMENT CONSOLIDATION (ZIEMKE C) Requires all townships with a population of less than 1,200 (as determined by the 2010 federal decennial census) to merge with other townships, effective not later than January 1, 2023. Requires merging townships to adopt identical resolutions and a merger plan. Requires the department of local government finance (DLGF) to assist merging townships. Provides the following with regard to the required merger: (1) Requires merging townships to opt for a township legislative body in which: (A) members are elected at large; or (B) one member must reside within the geographic area of each of the former townships, and all voters of the new merged township vote for all legislative body members. (2) The new merged township government assumes the indebtedness of the former townships, but may levy property taxes to pay the indebtedness only within the geographic area of the former township that incurred the debt. (3) Provides that only the property owners, school corporations, and residents residing within the geographic area of a former township in which seminary lands are located may continue to receive the benefits from the seminary lands after the merger. Makes the following changes with regard to all townships: (1) Requires the DLGF to increase the maximum property tax levy for a township's firefighting fund for 2020 and thereafter if: (A) the township imposed a debt service levy in 2019 to pay amounts borrowed to furnish fire protection; and (B) the township executive before August 1, 2019, submits a petition to the DLGF requesting the increase. Specifies that the amount of the increase in the maximum property tax levy for the township's firefighting fund is equal to the total amount of the principal that will be due in 2020 on amounts borrowed by the township to furnish fire protection. (2) Makes a stylistic change to a statute that allows a participating unit in a newly formed fire protection territory to phase in the unit's property tax levy. (3) Authorizes a township to appeal to the DLGF for an increase in the township's maximum property tax levy to meet the costs of providing township assistance, not to exceed for a particular calendar year, the levy that would result from a $0.02 increase in the township's township assistance property tax rate. (4) Allows a township assistance applicant to appeal to the county commissioners if a township trustee refuses or fails to respond to a request for township assistance services. (5) Amends the information required in the township trustee's annual statistical report. (6) Caps a township board member's salary, for calendar year 2019 and every year thereafter, at not more than $5,000 per year plus a per diem at a rate recommended by the trustee and approved by the township legislative body. (7) Requires a township to prepare a capital improvement plan for the ensuing three years if the balance in certain capital improvement funds in the preceding year exceeds 150% of the township's annual budget estimate. Prohibits the township from collecting property taxes for certain capital improvement funds in the ensuing year unless the township has adopted a capital improvement plan. Makes a technical correction.

 

HB1028

PUBLIC SAFETY PERSONNEL HEALTH STUDIES (FRYE R) Establishes the public safety research fund. Provides that $500,000 shall be appropriated from the state general fund and disbursed to the public safety research fund on July 1 of each year. Requires money disbursed to the public safety research fund to be used for research studies designed to understand and improve the physical health, safety, and psychological well-being of public safety personnel. Requires research studies to be performed by the national institute for public safety and health (NIPSH). Requires NIPSH to provide a report of ongoing or performed research studies to the executive director of the department of homeland security before December 31 of each year. Provides that money not allotted for research studies reverts to the state general fund at the end of each state fiscal year.

 

HB1030

SAFETY REQUIREMENTS FOR CLASS 2 STRUCTURES (FRYE R) Provides that for purposes of the building code, a Class 2 structure townhouse may be separated from an adjoining unit by a one hour fire-resistance rated wall, if each adjoining unit contains an automatic sprinkler system. Prohibits the fire prevention and building safety commission or a state agency from adopting rules requiring the installation of an automatic fire sprinkler system. Prohibits a political subdivision from adopting an ordinance or other regulation requiring the installation of an automatic fire sprinkler system.

 

HB1037

EARLY RETIREMENT OF PUBLIC EMPLOYEES (CULVER W) Provides that for new hires of the: (1) state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan; (2) public employees' retirement fund; (3) Indiana state teachers' retirement fund; (4) Indiana judges' retirement fund: 1985 retirement, disability, and death system; and (5) prosecuting attorneys retirement fund; eligibility for early retirement according to the "rule of 85" is incrementally changed to a "rule of 95" over the period beginning July 1, 2018, and ending July 1, 2036.

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HB1038

DEFAULT RETIREMENT PLANS (CULVER W) Provides that after June 30, 2018, an individual who becomes a full-time employee of the state for the first time becomes a member of the public employees' defined contribution plan (plan) unless the individual elects to become a member of the public employees' retirement fund (fund). (Under current law, an eligible employee becomes a member of the fund unless the employee elects to become a member of the plan.) Provides that after June 30, 2018, an individual who begins employment for the first time in a covered position with a school corporation and is not already a member of the teachers' defined retirement fund (TRF) becomes a member of the teachers' defined contribution plan unless the individual makes an election to become a member of TRF. (Under current law, an individual that begins employment in a covered position becomes a member of TRF unless the individual elects to become a member of the teachers' defined contribution plan.)

 

HB1039

STUDY OF TAX TOPICS (CULVER W) Urges the legislative council to have the interim study committee on fiscal policy study the following: (1) Whether the annual limit on the adjusted gross income tax credit for contributions to a college choice 529 savings plan should be modified in some way to allow a taxpayer to make greater contributions earlier in the taxpayer's schedule of savings. (2) The implications of changes made by the federal Tax Cuts and Jobs Act to the allowable uses of 529 plans. (3) Whether the adjusted gross income tax deduction for education expenditures should be extended to include expenditures made in connection with the enrollment, attendance, and participation in a public school elementary or high school education program.

 

HB1046

LOCAL INCOME TAXES (THOMPSON J) Expires the existing local income tax law on December 31, 2021, and adds a new local income tax law effective in 2022 and thereafter. Does the following under the new local income tax law: (1) Authorizes counties, municipalities, and school corporations to each enact a property tax relief tax rate of not more than 0.5% in the case of counties and municipalities and not more than 0.25% in the case of school corporations. Provides that in Marion County, municipalities may not enact a property tax relief rate, but the Marion County city-county council may adopt a 1% property tax relief rate. (2) Authorizes counties, municipalities (other than municipalities in Marion County), and school corporations to each enact an expenditure rate. (3) Provides that an expenditure rate may not exceed: (A) 1.25% in the case of counties other than Marion County or 2% in the case of Marion County; (B) 1% in the case of municipalities (other than municipalities in Marion County); and (C) 0.25% in the case of school corporations. (4) Provides that if an expenditure rate is imposed by a municipality, the municipality shall receive the revenue from the tax, and specifies that the revenue may be used for any legal purpose of the municipality (including providing additional property tax credits). (5) Specifies that a school corporation may not adopt an expenditure rate unless: (A) the expenditure rate is approved by the voters of the school corporation in a local public question; or (B) the revenue from the expenditure rate is used to provide additional property tax credits. Provides that if a school corporation's expenditure rate is approved by the voters, the revenue may be used for any legal purpose of the school corporation (including providing additional property tax credits). Provides that the maximum period for an expenditure rate approved by the voters of a school corporation is eight years, but that the expenditure rate may be reimposed by the school corporation if approved by the voters. (6) Provides that if an expenditure rate is imposed by a county other than Marion County, the revenue shall be distributed as certified shares to civil taxing units in the county (other than municipalities and school corporations) on the basis of property tax levies. Specifies that in counties other than Marion County, the revenue from the county's expenditure rate may be allocated to a public safety answering point or used to provide additional property tax credits before the remaining revenue is distributed as certified shares. (7) Provides that the 2% maximum expenditure rate in Marion County consists of: (A) an expenditure rate of not more than 1%, to be distributed as certified shares to the county and to excluded cities in the county on the basis of property tax levies; and (B) an expenditure rate of not more than 1%, to be distributed as certified shares to the county and to townships in the county on the basis of property tax levies. (8) Specifies that in Marion County: (A) the revenue from the county's expenditure rate may be allocated to a public communications system and computer facilities district, a public library, or a public transportation corporation, or for additional property tax credits before the remaining revenue is distributed as certified shares; and (B) revenue distributed as certified shares may be used for any legal purpose of the unit receiving the certified shares. (9) Provides that, after May 31, 2018, a political subdivision may not pledge for the payment of bonds, leases, or other obligations any tax revenue received under the current local income tax law (other than a special purpose rate). (10) Maintains the existing special purpose rates. (11) Provides that after December 31, 2021, a local income tax rate imposed for transit purposes after approval in a local public question: (A) is a separate special purpose rate; and (B) is not part of the county's expenditure rate or considered in determining whether the county is imposing its maximum expenditure rate. (12) For property taxes due and payable in 2022 and thereafter, requires the department of local government finance to adjust each maximum property tax levy for which a levy freeze amount was applied under the existing local income tax law in 2021. (13) Authorizes a political subdivision to appeal to the department of local government finance for the authority to impose an additional local income tax rate if the political subdivision's expected local income tax distributions will be insufficient to pay obligations for which a pledge of revenue was made under the prior local income tax laws. (14) Specifies that the legislative council shall provide for the preparation and introduction of legislation in the 2019 session of the general assembly to correct cross references and make other changes to the Indiana Code, as necessary, to bring other provisions of the Indiana Code into conformity with this act.

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HB1050

SMALL CELL WIRELESS STRUCTURES (OBER D) Provides that the definition of "wireless support structure" does not include a utility pole owned or operated by: (1) a public utility; (2) a municipality; (3) an electric membership corporation; or (4) a rural electric cooperative. Provides that with respect to the construction, placement, or use of small cell facilities and associated supporting structures, a permit authority may prohibit the placement of a new wireless support structure in a right-of-way within an area that is designated before May 1, 2017, strictly for underground or buried utilities, if the area was zoned for residential use before May 1, 2017. Removes a requirement that a permit authority's prohibition on placement of utility poles and wireless support structures be applied in a non-discriminatory manner. Makes conforming changes.

 

HB1061

ASBESTOS LITIGATION (LEHMAN M) Specifies causes of action that may constitute a product liability action. Repeals provisions pertaining to product liability actions that are based upon: (1) property damage resulting from asbestos; and (2) personal injury, disability, disease, or death resulting from exposure to asbestos. Requires certain disclosures regarding asbestos bankruptcy trust claims in civil asbestos actions. Provides medical criteria to set aside and preserve the claims of asbestos and silica claimants without physical impairment, and gives priority to asbestos and silica claimants with malignant conditions and impairing nonmalignant conditions.

 

HB1070

INDIANAPOLIS AIRPORT AUTHORITY (MAYFIELD P) Provides that on July 1, 2018, the advisory member of the board of the Indianapolis Airport Authority representing Morgan County becomes a full voting member of the board. Makes conforming changes.

 

HB1078

PROPERTY TAX RELIEF (PRYOR C) Permits the Marion County city-county council to establish a neighborhood enhancement property tax relief program. After 2021, permits other counties, cities, and towns to establish the program. The program provides an assessed value deduction for longtime owner-occupants of homesteads having an assessed value of less than $125,000 in designated areas. Specifies various conditions for the program. Allows a local unit to include additional requirements for the program. Provides a penalty for wrongly receiving the deduction that is the same as the penalty for wrongly receiving the homestead standard deduction.

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HB1079

AGE 65 AND OVER PROPERTY TAX CREDIT (MOED J) Permits Marion County to adopt an ordinance to establish a geographic territory in which a property owner may qualify for the age 65 and over property tax credit at a higher adjusted gross income than the statutory amount. Permits local income taxes to be used to offset property tax losses by taxing units because of the higher income limit.

 

HB1085

INCOME TAX CREDIT FOR VOLUNTEER FIREFIGHTERS (HAMM R) Provides that an individual who is a volunteer firefighter is entitled to a credit of $500 against the individual's adjusted gross income tax liability each taxable year.

 

HB1088

STATE AND LOCAL TAXATION (LEONARD D) Provides that the minimum valuation applicable to the total amount of a taxpayer's assessable depreciable personal property in a taxing district is reduced incrementally from 30% of the assessed value of the depreciable personal property in the taxing district to 20% over 10 years beginning with the January 1, 2019, assessment date. Eliminates the addbacks of a taxpayer's federal income tax deduction for income attributable to domestic production activities in the definitions of "adjusted gross income" under the adjusted gross income tax law and the financial institutions tax law. Makes technical corrections.

 

HB1099

UNIFORM FOOD AND BEVERAGE TAX (CHERRY R) Provides that a county fiscal body may impose a uniform food and beverage tax if the county is not required or authorized to impose a food and beverage tax under any other law (other than the stadium and convention funding food and beverage tax). Specifies that the tax rate may not exceed 1% and must be imposed in increments of 0.25%. Provides that revenue from the tax may be used by the county, after appropriation by the county fiscal body, only for: (1) capital improvements that promote economic development in the county, including fairgrounds, convention centers, or conference centers; (2) certain costs that are necessary or useful for such a capital improvement; and (3) paying the principal and interest of any bonds issued or lease rental payments for a lease entered into for these purposes. Specifies that the tax revenue may not be used to pay any operating expenses. Authorizes the county fiscal body to pledge the tax revenue to pay bonds issued, loans obtained, and lease payments or other obligations incurred by or on behalf of the county for purposes authorized under the uniform food and beverage tax law. Specifies that a uniform food and beverage tax imposed in a county remains in effect until the earlier of: (1) the date on which the county fiscal body rescinds the food and beverage tax; or (2) the last day of the month beginning immediately after the tenth anniversary of the date on which the food and beverage tax was first imposed in the county.

 

HB1109

VARIOUS PENSION MATTERS (CARBAUGH M) Provides that the default investment option for the legislators' defined contribution plan is a target date fund rather than the Indiana public retirement system's consolidated retirement investment fund. Removes a requirement that only active members of the public employees' retirement fund (PERF) and the Indiana teachers' retirement fund (TRF) may make rollover distributions into annuity savings accounts (ASA) from other qualified retirement accounts. Allows any PERF or TRF member who terminates employment and is not currently employed in a covered position or for the same employer to suspend fund membership, retain the member's creditable service, and withdraw all or part of the amount in the member's ASA before retirement. Requires employers eligible to purchase death benefit fund coverage for certain employees to pay for the coverage annually rather than quarterly. Removes charitable contributions as a voluntary benefit deduction for the 1977 police officers' and firefighters' pension and disability fund and the state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan. Makes technical corrections. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)

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HB1110

SURVIVOR HEALTH COVERAGE (MACER K) Provides that, if the employer of a public safety officer who dies in the line of duty after June 30, 2018, offers health coverage for active employees, the employer shall offer to provide and pay for health coverage under the plan covering active employees for the surviving spouse and each natural child, stepchild, and adopted child of the public safety officer. Provides that health coverage for a surviving child continues: (1) until the child becomes 18 years of age; (2) until the child becomes 23 years of age, if the child is: (A) enrolled in and regularly attending a secondary school; or (B) a full-time student at an accredited college or university; or (3) during the entire period of the child's physical or mental disability; whichever period is longer.

 

HB1120

STATE DEPARTMENT OF HEALTH MATTERS (KIRCHHOFER C) Changes references to "methamphetamine laboratory" to "contaminating controlled substance". Requires a law enforcement agency to report to the department of child services if a child is found at a site used for the illegal manufacture, use, or disposal of a contaminating controlled substance. Authorizes the state department of health (state department) instead of the Indiana department of environmental management (department) to certify qualified inspectors and oversee the decontamination of a site that has been used in the illegal manufacture, use, or disposal of a contaminating controlled substance. Specifies the responsibilities and procedure a property owner must complete regarding the decontamination and notice concerning a site that has been used in the illegal manufacture, use, or disposal of a contaminating controlled substance. Transfers from the department to the state department powers, duties, records, property, and rules concerning decontamination of a site that has been contaminated by a contaminating controlled substance. Requires a local board of health or health officer that issues an order to vacate a dwelling to record the order and any subsequent revocation of the order with the county recorder at no cost. Repeals the postnatal donation initiative. Makes conforming amendments.

 

HB1125

VOLUNTEER FIRE DEPARTMENT CONTRACTS (MAY C) Requires a township trustee to: (1) make a separate estimated expenditure for legal services related to a contract with a volunteer fire department for fire protection services or emergency services; and (2) get the approval of the township board before hiring an attorney or paying legal fees related to a contract with a volunteer fire department for fire protection or emergency services. Specifies the requirements for a contract for services between a political subdivision and a volunteer fire department.

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HB1129

UNIFORM TAX AND ANNEXATION WAIVERS (LEONARD D) Authorizes a municipal legislative body to impose by ordinance a municipal food and beverage tax. Provides that the tax may not exceed 1% of the gross retail income received from retail food and beverage transactions. Provides that the tax does not apply to a transaction that is exempt from the sales tax. Provides that the tax does not apply to a consolidated city, a municipality that has imposed a food and beverage tax under current law, or a municipality that is receiving county food and beverage tax revenue. Provides the following with regard to a waiver of remonstrance of annexation executed before, on, or after June 30, 2018: (1) The waiver is void if the waiver is recorded more than 90 business days after the date the waiver was executed. (2) The waiver expires not later than 15 years after the date the waiver was executed. (3) A void or expired waiver does not invalidate an annexation that was effective on or before July 1, 2018.

 

HB1138

LOCAL TAX MATTERS (ELLINGTON J) Provides that the local income tax council is the county adopting body for purposes of the local income tax only if: (1) the county income tax council (under the prior law) adopted either the county option income tax or the county economic development income tax; and (2) the population of the county is more than 140,000. Specifies that in all other cases, the county adopting body is the county council. Provides that Highland Township in Greene County may increase its maximum township property tax levy for 2019 and thereafter. Provides that Taylor Township in Greene County may increase its maximum township property tax levy and its maximum fire protection and emergency services property tax levy for 2019 and thereafter.

 

HB1139

BUILDING CODES (ELLINGTON J) Prohibits a city, town, or county from adopting an ordinance that includes more stringent or detailed requirements that conflict with the fire prevention and building safety commission's rules. Prohibits a state agency from enforcing rules that conflict with the fire prevention and building safety commission's rules. Prohibits a political subdivision from enforcing ordinances or other regulations that conflict with the fire prevention and building safety commission's rules or have not been approved by the fire prevention and building safety commission. Requires a political subdivision to revise an ordinance or other regulation if the fire prevention and building safety commission sends a notice that the ordinance or other regulation duplicates, conflicts with, or overlaps with the rules of the fire prevention and building safety commission.

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HB1144

LOCAL REGULATION OF FIREWORKS (SCHAIBLEY D) Changes: (1) the dates on which a county or municipal ordinance may limit the use of fireworks in the county or municipality; and (2) the types of fireworks to which such an ordinance may apply.

 

HB1145

HEALTH INSURANCE COVERAGE AND COST INFORMATION (SCHAIBLEY D) Requires health care providers and health plans to provide to covered individuals and patients certain information concerning the cost of health care services. Requires health care providers to publish a payment policy for medically necessary health care services not covered by a third party payment source.

 

HB1147

POLICE OFFICER AND FIREFIGHTER PENSIONS (HARRIS JR. E) Increases from $12,000 to $18,000 the lump sum death benefit for a member of the 1925 police pension fund (1925 fund), the 1937 firefighters' pension fund (1937 fund), the 1953 police pension fund (1953 fund), or the 1977 police officers' and firefighters' pension and disability fund (1977 fund). Increases from $150,000 to $225,000 the special death benefit for a member of the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund who dies in the line of duty. Removes the 3% cap on cost of living increases for members of the 1977 fund.

 

HB1149

FIRE PROTECTION DISTRICTS (OLTHOFF J) Authorizes the board of fire trustees (board) of a fire protection district that: (1) was established before 1990; and (2) provides fire protection service in at least two counties; to adopt a resolution providing that, in addition to any other powers and duties, the fire protection district shall establish, operate, and maintain emergency medical services within the territory of the fire protection district. Provides that if a board adopts such a resolution, the department of local government finance shall increase the district's maximum property tax levy by a percentage of the amounts expended for emergency medical services by the county in which the district is located.

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HB1151

STUDY OF LOTTERY REVENUES FOR VETERANS (JUDY C) Urges the legislative council to assign to an appropriate interim study committee the task of studying the issues regarding allocating up to $4,000,000 from Indiana state lottery revenues to benefit veterans.

 

HB1161

LOCAL AIRPORT AUTHORITY TAX RATES (CHERRY R) Specifies that the statute requiring the adjustment of certain property tax rates does not apply to a local airport authority's cumulative building fund tax rate. Specifies that an airport authority may increase the tax rate for its cumulative building fund without complying with procedures under the cumulative fund statute. Requires an airport authority to give notice of the proposed increase and hold a public hearing on the proposal before increasing the tax rate. Makes technical corrections.

 

HB1171

STUDY CONCERNING PROPERTY TAXES (SAUNDERS T) Urges a legislative interim study of property tax exemptions, property tax deductions, the stability of the property tax base, and providing public services that benefit property that is property tax exempt.

 

HB1172

STUDY OF FUNDING TOWNSHIP FIREFIGHTING (SAUNDERS T) Urges the legislative council to assign to the appropriate interim study committee the task of studying issues related to the funding of township firefighting services.

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HB1177

DRUG TESTING OF EMPLOYEES AND APPLICANTS (SUMMERS V) Provides that, unless federal law requires otherwise, a drug test given to an individual by or on behalf of an employer, or by or on behalf of a prospective employer as a condition of an offer of employment, may not include a screening for THC.

 

HB1180

EMT USE OF INJECTABLE EPINEPHRINE (MAHAN K) Requires the emergency medical services commission to establish training and certification standards for the administration of epinephrine through a prefilled syringe and a syringe and ampule by an emergency medical technician (EMT). Allows an EMT who has been certified to administer epinephrine through an auto-injector, a prefilled syringe, and a syringe and ampule.

 

HB1193

STUDY OF INJURED PUBLIC SAFETY OFFICER MONUMENT (SPEEDY M) Urges the legislative council to assign to an appropriate interim study committee the task of studying the construction of an injured public safety officer monument.

 

HB1207

PROPERTY TAX EXEMPTIONS (TAYLOR III J) Permits the department of local government finance under certain circumstances to cancel property taxes imposed on: (1) a nonprofit corporation organized for educational, literary, scientific, religious, or charitable purposes; (2) an entity organized as a church or religious entity; or (3) a cemetery corporation, firm, or association.

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HB1213

STATE PAYMENTS IN LIEU OF PROPERTY TAXES (BARTELS S) Requires the state to make payments in lieu of property taxes (PILOTs) for qualified parcels in counties in which at least 15% of all land in the county is: (1) in the aggregate, owned or leased by the state of Indiana or the federal government; and (2) subject to an exemption from property taxes. Defines "qualified parcel" as a parcel that is: (1) owned or leased by the state of Indiana; (2) subject to an exemption from property taxes; and (3) located in a county to which this act applies. Provides that a county containing qualified parcels is entitled to receive PILOTs from the state. Provides that for purposes of calculating a PILOT, each acre of the qualified parcel is considered to have an assessed value of 1/2 of the statewide agricultural land base rate value. Annually appropriates from the state general fund the amount necessary to pay the required PILOTs.

 

HB1219

BAN ON FLAME RETARDANT MATERIAL (HAMILTON C) Defines "flame retardant chemical". Prohibits the manufacture, assembly, acceptance for sale, and selling of certain upholstered furniture, mattresses, and mattress pads that contain more than 0.1% of a flame retardant chemical or more than 0.1% of a mixture that contains a flame retardant chemical.

 

HB1244

LAW ENFORCEMENT EXPOSURE TO COMMUNICABLE DISEASES (DEVON D) Provides that a law enforcement officer who is exposed to blood or body fluids may request to be included in the list of individuals who are provided with notification concerning exposure to a dangerous communicable disease.

 

HB1284

TAX INCREMENT FINANCING ISSUES (CLERE E) Requires the department of local government finance (DLGF) to annually prepare a report for each taxing unit that includes a calculation of the following: (1) The total property tax levy from the assessed value in the taxing unit and the amount of loss due to the circuit breaker credits. (2) The total property tax proceeds from the assessed value that exceeds the base assessed value in all allocation areas established within the taxing unit. (3) The effect, if any, on the amount of the tax levy or proceeds and the credit for excessive property taxes under IC 6-1.1-20.6 for the taxing unit and for the allocation areas if the allocation and distribution of tax proceeds in the allocation areas were: (A) eliminated; (B) reduced by 10%; (C) reduced by 20%; or (D) reduced by 30%. Requires the DLGF to: (1) post the report on the DLGF web site; and (2) file the report with the governor and the general assembly. Provides that the county council of a county in which a redevelopment authority is located may require redistribution to taxing units of up to 20% of the assessed value that is allocated to allocation areas if, when considering a reduction in the allocation in allocation areas from 10% to 20%, the amount of the reduction in losses due to the circuit breaker credits is exceeded by more than 50%. Provides, however, that the county council may not make a redistribution to taxing units if: (1) the redistribution would affect debt service; or (2) there is no loss that meets the criteria for a distribution that is to a unit other than the municipality in which the allocation area is located, or a special service district that is wholly located within the boundaries of the municipality that established the allocation area. Provides that allocated property tax proceeds may be expended for projects located outside a redevelopment district only if the commission adopts a declaratory resolution that finds that the expenditures: (1) will directly benefit the redevelopment district; and (2) will result in the creation of jobs in the private sector. Requires the legislative body of a unit and the redevelopment commission established by the unit to hold a joint public hearing before December 1 of each year for the purpose of reviewing the commission's proposed expenditures in the upcoming calendar year.

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HB1311

MOTOR VEHICLE MATTERS (SOLIDAY E) Establishes the department of state revenue pilot program (pilot program). Specifies that the purpose of the pilot program is to assist the state, other states, and other government agencies with: (1) the administration and processing of commercial vehicle registrations as required under the International Registration Plan; (2) the licensing and reporting of fuel tax use for motor carriers under the International Fuel Tax Agreement; (3) audit and record keeping for the International Registration Plan and the International Fuel Tax Agreement; and (4) any other essential or necessary functions related to the motor carrier services. Establishes the pilot program fund to assist with the implementation and administration of the pilot program. Requires the valuation of a motor vehicle to be based upon the vehicle's model year. Requires the county surtax for a motor vehicle to be based upon a vehicle's model year. Requires a person to certify that certain information requested from the bureau of motor vehicles (bureau) will be used for a permissible purpose. Allows the bureau to determine how special identification numbers should read. Repeals the statutory definition of "Indiana firefighter". Requires the bureau to consult with the Professional Firefighters Union of Indiana and the Indiana Firefighters Association concerning the design of the Indiana firefighter special group license plate. Removes the National Football League franchised football team license plate from the special group license plate program. Allows a police officer to charge a fee for title and vehicle identification number (VIN) inspections in certain instances. Specifies that a fee related to a title or VIN inspection performed by a police officer may not exceed $5. Specifies that revenue generated by a fee related to a police officer's inspection of a title or VIN must be deposited in: (1) a special vehicle inspection fund; or (2) a local law enforcement continuing education fund. Allows the bureau to waive certain: (1) age; (2) experience; and (3) practice; requirements related to hardship waivers. Allows a motorcyclist who: (1) is not less than 16 years and 90 days of age; and (2) has successfully completed a motorcycle safety education course; or who is 16 years and 270 days of age to receive a motorcycle endorsement. Allows the bureau to waive certain vision and vision testing requirements related to learner's permits and driver's licenses if the applicant provides evidence from a licensed ophthalmologist or licensed optometrist demonstrating an ability to operate a motor vehicle in a manner that does not jeopardize individuals or property. Provides that a licensed ophthalmologist or licensed optometrist may not be civilly or criminally liable for a report made in good faith to the bureau concerning a person's fitness to operate a motor vehicle. Adds: (1) parents; (2) legal guardians; and (3) grandparents; to the list of individuals who may be transported by a probationary driver. Allows certain credentials to be renewed 24 months prior to the expiration of the credential. Creates a rebuttable presumption of knowledge for all driver's license suspensions when: (1) a notice; or (2) an order; concerning the suspension of an individual's driving privileges are mailed to the last known address of the individual. Requires affidavits pertaining to flood damaged vehicles to be kept and maintained by a dealer. Defines the term "fee" as any money assessed or collected by the bureau. Allows the bureau to refund certain fees. Makes conforming amendments. Makes a technical correction.

 

HB1312

ANNEXATION MATTERS (ELLINGTON J) Provides that a waiver of remonstrance of annexation executed before, on, or after June 30, 2018, is void if the waiver is recorded more than 90 business days after the date the waiver was executed. Provides that an area located within certain fire protection districts (including any area added to the fire protection district after the district is established) remains within the fire protection district after the annexation. (Current law provides that the annexed area ceases to be a part of the fire protection district when the municipality begins to provide fire protection services to the area.)

 

HB1333

STUDY OF CERTAIN IMPACTS ON SECOND CLASS CITIES (WRIGHT M) Urges the legislative council to assign to an appropriate interim study committee the task of studying the impact of the following on second class cities: (1) Property tax caps. (2) Changes in the complexity index. (3) Choice scholarships.

 

HB1346

PUBLIC SERVICE ANSWERING POINT GOVERNANCE (CANDELARIA REARDON M) Provides that after June 30, 2018, in a county: (1) in which 911 service is provided countywide by one public service answering point (PSAP); and (2) that contains a municipality, the population of which exceeds the population of the county if the municipality's population is excluded from the population of the county; the majority of members constituting the board or other governing body of the PSAP must consist of an even number of representatives of the municipality, half of which shall be appointed by the executive of the municipality, and half of which shall be appointed by the legislative body of the municipality.

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HB1364

LOCAL EMERGENCY PLANNING COMMITTEES (FORESTAL D) Provides that interested persons, including a county executive or the board of Health and Hospital Corporation of Marion County, may submit recommendations to the Indiana emergency response commission prior to the appointment of a member of a local emergency planning committee. Requires the Indiana emergency planning committee to consider a recommendation from an interested person when appointing a member. Provides that the Health and Hospital Corporation of Marion County shall exercise the powers of the county related to the local emergency planning committees and exercise the powers of the county executive and perform the duties of the county executive for the local emergency planning right to know fund.

 

HB1407

FIRE PROTECTION TERRITORY PETITION PROCESS (MAYFIELD P) Specifies that an agreement entered into to form a fire protection territory (territory) must address the disposition of the territory's property when a participating unit withdraws or the territory is dissolved. Provides that the following applies to establishing a territory after December 31, 2018: (1) Before an ordinance or resolution to establish a territory is adopted, the unit must hold a separate public hearing to provide fiscal information regarding the proposed territory. (2) Affected voters and property owners may petition for initiation of a petition and remonstrance regarding establishment of the fire protection territory.

 

HB1428

CASINO OPERATIONS IN TERRE HAUTE (HEATON R) Authorizes the Indiana gaming commission (IGC) to approve one applicant to operate one supplemental gaming facility in Terre Haute. Requires an applicant to be a licensed owner of a riverboat or a permit holder operating a racino. Provides that the IGC may not approve an application unless the operation of a supplemental gaming facility has been approved by the fiscal body of Terre Haute. Establishes selection criteria. Provides that the number of gambling games at a supplemental gaming facility may not exceed 750, and establishes other operational requirements. Provides for the imposition, determination, and distribution of the riverboat supplemental wagering and wagering taxes with respect to wagering at a supplemental gaming facility. Establishes the minority venture enterprise fund. Requires payments from the operator of a supplemental gaming facility for deposit in the West Baden Springs historic hotel preservation and maintenance fund and the minority venture enterprise fund. Makes technical corrections and other changes to conform with recent changes to the riverboat law.

SENATE BILLS

SB3

CRIMES AGAINST PUBLIC SAFETY OFFICIALS (MERRITT J) Increases the penalty for battery if it is committed against a public safety official or a relative of a public safety official because of the official's status or perceived status as a public safety official, and increases the penalty for criminal recklessness if it is committed against: (1) a public safety official while the official is engaged in the official's official duties; or (2) a public safety official or a relative of a public safety official if the offense is committed because of the official's status or perceived status as a public safety official.

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SB10

TOWN EMPLOYEES HOLDING ELECTED OFFICE (BOHACEK M) Provides that the requirements for certain government employees to hold office do not apply to a town having a population of less than 2,500.

 

SB13

ADMINISTRATION OF OVERDOSE INTERVENTION DRUGS (GLICK S) Provides that community corrections officers and probation officers may administer an overdose intervention drug. Requires community corrections officers and probation officers to report the use of an overdose intervention drug to the emergency ambulance service responsible for reporting the use to the Indiana emergency medical services commission. Requires that persons permitted to administer an overdose intervention drug must receive education and training on drug overdose response and treatment, including the administration of an overdose intervention drug before the person may administer an overdose intervention drug. Provides civil immunity to community correction officers and probation officers who administer an overdose intervention drug. Provides civil immunity to a person who has an agency relationship with a community correction officer or probation officer who administers an overdose intervention drug. Makes conforming amendments.

 

SB21

PROPERTY TAX ASSESSMENT (ZAKAS J) Provides the following if the application of an annual adjustment factor derived by an assessing official would result in an increase of more than 10% in the assessed value of one or more homesteads for property tax purposes: (1) The assessing official shall submit certain information to the division of data analysis (division) of the department of local government finance. (2) The division shall review the information submitted and make a determination of whether the annual adjustment factor was correctly calculated or is otherwise inappropriate. (3) If the division determines that the annual adjustment factor to be applied to the homestead was incorrectly calculated or otherwise needs to be adjusted, the division shall certify to the assessing official the information and instructions necessary for the assessing official to correct the annual adjustment factor. Makes technical corrections.

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SB25

TERMINATION OF LOCAL DEFINED BENEFIT PLANS (BOOTS P) Requires the termination of a defined benefit plan sponsored by a political subdivision if the full actuarially determined contribution to the plan is not made for three consecutive years.

 

SB27

1977 FUND NEW UNIT CREDITS FOR PRIOR SERVICE (BOOTS P) Provides, in the case of a unit (county, city, town, or township) that begins participation in the 1977 police officers' and firefighters' pension and disability fund (1977 fund), that the unit and the member (firefighter, police officer, or emergency medical technician) may agree how to share the cost of acquiring credit in the 1977 fund for the member's prior service as a firefighter, police officer, or emergency medical technician. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)

 

SB67

FUNDING OF 911 CALL CENTERS (LEISING J) Provides that, after June 30, 2018, a county that contains more than one public safety answering point (PSAP) shall distribute funds to each PSAP in the county on a proportional basis according to the call volume received by each PSAP in the county during the immediately preceding calendar year. Provides that, in determining the amount to be distributed to each PSAP, the county may use the call data and statistics reported to the statewide 911 board (board) annually by the county's PSAPs. Requires the board to provide the relevant data and statistics to the county not later than 14 days after receiving the data and statistics from each of the county's PSAPs.

 

SB71

EMPLOYMENT OF EMERGENCY MEDICAL SERVICE PROVIDERS (CRIDER M) Provides that if a governing body of a city, town, township, or county must reduce the number of its members of emergency medical services personnel by layoff for financial reasons, the last member appointed must be the first laid off, with other members laid off in reverse order of being hired. Provides that if the emergency medical services personnel are later increased in number, the members who have been laid off must be reinstated before any new member is appointed. Provides for notification of reinstatement to a member, and directs that a member in receipt of a notice must, within 20 calendar days after the notice is sent, advise the unit of government whether the member accepts reinstatement. Provides that the reinstatement rights of a member terminate upon the member's failure to accept reinstatement within the 20 day period or five years after the date of the member's layoff.

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SB75

1977 FUND RETIREMENT AGE AND BENEFITS STUDY (FORD J) Urges the legislative council to assign to the interim study committee on pension management oversight or another appropriate interim study committee the task of studying the following: (1) A reduction from 52 to 50 the age at which a member of the 1977 police officers' and firefighters' pension and disability fund (1977 fund) is eligible to receive an unreduced retirement benefit. (2) An increase from 1% to 1.5% in the amount of the additional retirement benefit payable to a 1977 fund member for each six months of active service over 20 years. (3) A reduction from 32 to 28 in the number of years of service that may be used to compute a retirement benefit for a 1977 fund member.

 

SB93

FAIR PAY IN EMPLOYMENT (BREAUX J) Provides that: (1) it is an unlawful employment practice to pay wages that discriminate based on sex, race, or national origin for the same or equivalent jobs; and (2) the civil rights commission has jurisdiction for investigation and resolution of complaints of these employment actions.

 

SB95

LEGISLATIVE ETHICS (DELPH M) Provides that a lobbyist and certain persons associated with state educational institutions may not give a gift to a legislative person with certain stated exceptions. Requires a lobbyist who communicates with certain legislative persons to make a log of the communication. Requires a lobbyist to submit a copy of the communications log electronically to the lobby registration commission (commission) on a weekly basis. Requires a lobbyist to maintain a copy of written communications and an archived copy of certain electronic communications for four years. Provides that upon the request of the commission, a lobbyist shall provide the commission with an electronic copy of a communication that is required to be maintained or archived. Requires the commission to provide an electronic copy of any of those communications to any person who makes a request to inspect the communication. Repeals superseded statutes. Makes conforming changes.

 

SB97

RESIDENCY OF POLICE OFFICERS AND FIREFIGHTERS (ZAKAS J) Allows a city, town, or township to adopt an ordinance or resolution that allows a member of a police or fire department to reside within a county that is: (1) located outside Indiana and contiguous to the county in which the city, town, or township is located; or (2) any Indiana county, if the member resides within 25 miles from the nearest boundary of the city, town, or township where the police or fire department is located.

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SB100

CARBON MONOXIDE EMISSIONS TESTING (DELPH M) Provides that a fire department established by a: (1) county; (2) city; (3) town; or (4) township; or a volunteer fire department may provide vehicular carbon monoxide testing (testing) to the owner of a motor vehicle. Requires testing to be offered to the owner of a motor vehicle without charge. Specifies the manner in which testing is to be conducted. Specifies certain paperwork and record keeping requirements. Provides that a test administrator's good faith effort to properly conduct a vehicular carbon monoxide test immunizes the test administrator from civil liability and all associated damages, including punitive damages, arising from or related to the administered test. Provides that a fire department, volunteer fire department, or other person may not be found liable for any: (1) claim; (2) cause of action; (3) damages, including punitive damages; (4) demand; or (5) expense; arising from or related to an administered vehicular carbon monoxide test by reason of an agency relationship between the test administrator and the fire department, the volunteer fire department, or the other person. Defines certain terms.

 

SB101

PUBLIC RECORDS (DELPH M) Restates the law describing the information that a public agency is required to keep about a public employee or an applicant for public employment. Describes the procedure for release of information that must be disclosed by a public agency relating to the suspension, demotion, or discharge of a public employee or former public employee.

 

SB113

PAID EMPLOYEE LEAVE (RANDOLPH L) Urges the legislative council to assign to an appropriate interim study committee during the 2018 legislative interim the task of studying paid personal leave from employment.

 

SB119

1977 FUND PURCHASE OF SERVICE (GROOMS R) Allows a member of the 1977 police officers' and firefighters' pension and disability fund (1977 fund) to purchase service performed in Indiana as a full-time, fully paid police officer or firefighter for an employer that does not participate in the 1977 fund.

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SB123

NEWBORN SAFETY DEVICES AT FIRE DEPARTMENTS (HOLDMAN T) Specifies under the safe haven law that it is a defense to a claim of neglect of a dependent if the individual left the child in a newborn safety device that is located at a fire department, including a volunteer fire department, that meets specified requirements. Provides civil immunity for a fire department that operates a newborn safety device for an act or omission relating to the device: (1) if the device meets specified requirements; and (2) unless the act or omission constitutes gross negligence or willful or wanton misconduct.

 

SB132

FIRE DEPARTMENT RESIDENCY REQUIREMENTS (RAATZ J) Provides that a city, town, or township may adopt an ordinance or resolution that allows a member of the city, town, or township fire department to reside within a county that is: (1) located outside Indiana and contiguous to the county in which the city, town, or township is located, if the member becomes an Indiana resident within two years of being hired; or (2) any Indiana county, if the member resides within 25 miles from the boundaries of the city, town, or township where the fire department is located. Removes provisions requiring a member of a city, town, or township fire department to maintain, in the member's residence, telephone service with the city, town, or township.

 

SB139

INVESTIGATION OF OVERDOSE DEATHS (MERRITT J) Requires the county coroner to do the following if the county coroner reasonably suspects the cause of a person's death to be accidental or intentional overdose of a controlled substance: (1) Obtain any relevant information about the decedent maintained by the INSPECT program. (2) Extract and test certain bodily fluids of the decedent. (3) Report test results to the state department of health (department). (4) Provide the department notice of the decedent's death, including any information related to the controlled substances involved, if any. Authorizes the department to adopt rules. Makes conforming changes.

 

SB141

COUNTY AND MUNICIPAL EXCISE AND WHEEL TAXES (NIEMEYER R) Provides that the county vehicle excise tax does not apply to a vehicle registered in a municipality in which the municipal vehicle excise tax is in effect. Provides that a municipality in which the municipal vehicle excise tax is in effect does not receive a distribution of county vehicle excise tax revenue. Provides that the county wheel tax does not apply to a vehicle registered in a municipality in which the municipal wheel tax is in effect. Provides that a municipality in which the municipal wheel tax is in effect does not receive a distribution of county wheel tax revenue.

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SB152

SURVIVOR HEALTH COVERAGE (CRIDER M) Provides that, if the employer of a public safety officer who dies in the line of duty after June 30, 2018, offers health coverage for active employees, the employer shall offer to provide and pay for health coverage under the plan covering active employees for the surviving spouse and each natural child, stepchild, and adopted child of the public safety officer. Provides that health coverage for a surviving child continues: (1) until the child becomes 18 years of age; (2) until the child becomes 23 years of age, under certain circumstances; or (3) during the entire period of the child's physical or mental disability; whichever period is longest.

 

SB162

RESIDENCY OF POLICE OFFICERS AND FIREFIGHTERS (MESSMER M) Allows a member of a police or fire department to reside within a county that is noncontiguous to the county where the police or fire department is located but is not more than 50 miles from the closest boundary of the city, town, or township where the police or fire department is located.

 

SB165

TOWNSHIP BOARD TERMS OF OFFICE (CRANE J) Provides for the staggering of the terms of the members of township boards (other than township boards in Marion County) beginning with the 2022 general election. Establishes a process for filling vacancies and resolving ties for township board offices being elected during an election at which staggered terms are implemented.

 

SB167

GRANTS FROM STATE DISASTER RELIEF FUND (NIEZGODSKI D) Provides that the maximum amount that an individual may receive from the state disaster relief fund (fund) as compensation for damages to the individual's property is $10,000. (Current administrative rules provide that the maximum amount is $5,000.) Voids provisions in the Indiana Administrative Code that set forth a maximum compensation amount of $5,000. Directs the department of homeland security (department) to amend, before July 1, 2019, the administrative rule concerning the fund to reflect a maximum compensation amount of $10,000 for individuals. Makes an annual appropriation from the state general fund to the fund for the department's use in carrying out the purposes of the fund.

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SB171

LIMITS ON ANNEXATION ORDINANCES (BUCK J) Limits a municipality to adoption of one annexation ordinance per calendar year. Provides that an annexation ordinance is void if, for the assessment date in the calendar year preceding the calendar year in which the annexation ordinance is adopted, the total gross assessed value of property within the annexation territory is more than 15% of the total gross assessed value of the annexing municipality.

 

SB194

DISTRIBUTIONS OF PUBLIC SAFETY INCOME TAX REVENUE (NIEMEYER R) Requires the distribution of public safety local income tax revenues to a township that provides fire protection or emergency medical services.

 

SB195

1977 PENSION AND DISABILITY FUND SURVIVING SPOUSE BENEFIT (NIEMEYER R) Increases, from 60% to 80% of the member's monthly benefit, the monthly benefit of a surviving spouse of an individual who: (1) is a member of the 1977 police officers' and firefighters' pension and disability fund; and (2) dies other than in the line of duty after June 30, 2018.

 

SB229

PENSION COST OF LIVING ADJUSTMENTS (NIEZGODSKI D) Provides for cost of living adjustments for certain members of the: (1) public employees' retirement fund; (2) Indiana state teachers' retirement fund; (3) state police pre-1987 benefit system; and (4) state police 1987 benefit system.

 

SB231

TOWNSHIP PROPERTY TAXES (RUCKELSHAUS J) Specifies that when formulating an annual budget, a township must consider: (1) the ending balance that will remain in each township fund relative to the budgeted expenditures from the fund; and (2) whether the part of the balance in excess of 10% of budgeted expenditures should be used instead of imposing additional property taxes for the ensuing year. Requires the department of local government finance to consider those factors when reviewing a township's budget, tax rate, and tax levy.

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SB242

TAX ISSUES (HOLDMAN T) Provides that the lottery commission must obtain a tax clearance statement from the department of state revenue (DOR) for a retailer before the lottery commission may enter into a contract with that retailer. (Current law requires the retailer to provide the tax clearance statement to the lottery commission.) Requires the riverboat supplemental wagering tax and wagering tax to be paid four days (rather than one day, under current law) before the last business day of each month. Provides that, beginning after June 30, 2018, a county, city, or town that receives an initial application for a property tax abatement deduction (abatement deduction) for real or personal property in an economic revitalization area must notify each taxing unit in the taxing district in which the property is located of the receipt of the application. Allows each taxing unit to adopt a resolution to support the abatement deduction. Provides that, if less than all taxing units pass a resolution to support the abatement deduction, the county auditor shall apply the deduction only against assessed value for those taxing units that support the deduction, and may not apply the deduction against assessed value for the taxing units that do not support the deduction. Provides that the separate net assessed value must be used for purposes of calculating a budget, rate, or levy of the taxing unit. Prohibits a county, city, or town from approving an abatement deduction if the deduction applicant or property owner, on the date of the application, is conducting the business activities: (1) that form the basis for the statement of benefits; or (2) that are required for the approval of the application; at another location in Indiana. Eliminates the infrastructure development zone property tax exemption for assessment dates after January 1, 2019. Eliminates the property tax deduction for personal property within a certified technology park that is assessed for the first time after January 1, 2019 (but does not eliminate the property tax deduction claimed under a deduction schedule filed after January 1, 2019, for personal property that was assessed for the first time before January 2, 2019). Eliminates the maritime opportunity district property tax deduction for new manufacturing equipment installed in a district after June 30, 2018. Provides that the reduced tax rate for a corporation in a qualified military enhancement area (area) applies only to a corporation that locates all or part of its operations in an area before January 1, 2019 (but does not prevent the tax rate from applying to succeeding taxable years of a corporation after December 31, 2018, if the corporation has located all or part of its operations in an area before January 1, 2019). Eliminates various income tax credits and deductions. Makes technical corrections and conforming changes. Provides that the DOR may require that certain information be provided or updated before the issuance or renewal of a registered retail merchant's certificate. Specifies that if for any taxable year a taxpayer is subject to different corporate income tax rates, the calculation is based on the number of days (rather than months, under current law) that each of the different tax rates is in effect. Provides that if the due date for a federal income tax return is extended by the Internal Revenue Service to a date that is later than the date otherwise required for a state income tax return, the DOR may extend the due date of the state return to the due date permitted for the federal return. Authorizes the DOR to issue refunds in certain circumstances without a taxpayer filing a refund claim. Requires certain state and local employees and contractors, subcontractors, and parties to a cooperative agreement with the state whose duties include access to confidential tax information to submit to a fingerprint based criminal history background check of both national and state records data bases.

 

SB258

WIRELESS COMMUNICATIONS SUPPORT STRUCTURES (MESSMER M) Provides that, for purposes of the statute concerning the local permitting of support structures for wireless communications services, with respect to the construction, placement, or use of a small cell facility and the associated supporting structure, a permit authority may prohibit the placement of a new utility pole or new wireless support structure in a right-of-way within an area that is designated strictly for underground or buried utilities, if the designation is made before April 15, 2017, and if certain other conditions are met. (Current law provides that the designation concerning underground or buried utilities must be made before May 1, 2017.) Provides that with respect to the construction, placement, or use of a small cell facility and the associated supporting structure in a right-of-way within an area that is: (1) zoned exclusively for residential land use; and (2) designated strictly for underground or buried utilities after April 14, 2017, and before May 1, 2017; a permit authority may not prohibit the placement of a new utility pole or new wireless support structure in a right-of-way within the area. Provides that if a permit authority receives an application for the placement of a new utility pole or a new wireless support structure in a right-of-way within such an area, a group of residents residing within the area and satisfying the statutory standing requirements for filing a complaint with the utility regulatory commission (IURC) may, not later than 30 days after the permit authority's receipt of the application, submit objections to the IURC for an informal determination of whether the placement is in the public interest. Requires the IURC to make its determination not later than 45 days after receipt of the submission. Provides that if the IURC does not make a determination within the prescribed 45 day period, the placement is considered to be in the public interest. Provides that the time for the permit authority to approve or deny the application is tolled until the IURC makes its determination or for 45 days, whichever occurs earlier. Provides that if a permit authority maintains an Internet web site, the permit authority shall post on its Internet web site notice of any applications the permit authority receives after March 27, 2018, for the construction, placement, or use of a small cell facility on one or more new utility poles or new wireless support structures. Provides that a regulation that: (1) is adopted by a permit authority after April 14, 2017, and before May 1, 2017; and (2) designates an area within the jurisdiction of the permit authority as strictly for underground or buried utilities; is void.

 

SB265

PROPERTY TAX DEDUCTIONS (CRIDER M) Provides that a taxpayer is entitled to a property tax deduction equal to 100% of the assessed value of land that meets the following conditions: (1) The land is assessed as agricultural land. (2) The land is located within a clear sight triangle of the intersection of two or more roads, as determined under a report published by the Federal Highway Administration. (3) The intersection is not controlled by a traffic signal. (4) During the year containing the assessment date, the land will not contain: (A) any crops that typically exceed a height of three feet; or (B) any other vegetation or structures, signs, fences, walls, or obstructions that exceed a height of three feet.

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SB268

ANNEXATION (BUCK J) For an annexation ordinance adopted after June 30, 2018, upon the request of a member of the county executive, requires a majority of the members of the county executive to approve or deny the annexation. Provides that the annexation proceedings are terminated if the county executive votes to deny the annexation. Provides that the annexation is considered approved by the county executive if the county executive does not vote to approve or deny the annexation within 90 days after the annexation ordinance and fiscal plan are filed with the county executive. Requires that a fiscal plan after June 30, 2018, must address any estimated effects the annexation may have on taxing units (in addition to political subdivisions) not included in the annexation. Requires after June 30, 2018, that notice be given of certain annexation proceedings to taxing units and political subdivisions evaluated for purposes of the fiscal plan.

 

SB276

TAX INCREMENT FINANCING DISTRICTS (BASSLER E) Provides that if a redevelopment commission outside Marion County wishes to establish a tax increment financing (TIF) area after December 31, 2018, a unit (county, city, town, or township) or school corporation that is located wholly or partly within a proposed TIF area may elect whether to participate in the TIF area. Provides that after December 31, 2018, each taxing unit that is located wholly or partly in a TIF area is bound by the terms of the TIF area until the TIF area expires, except for those units and school corporations that do not elect to participate in the TIF area.

 

SB281

SHERIFF'S DEPARTMENT RETIREMENT PLANS (BOOTS P) Provides that certain sheriffs and county police officers are granted service credit in their respective county sheriff's department retirement plans for service to those county sheriff's departments before the effective dates of the county sheriff's department retirement plans. Provides that certain sheriffs and county police officers simultaneously waive their accrued service credit in the public employees' retirement fund for their service to those county sheriff's departments before the effective dates of the county sheriff's department retirement plans.

 

SB358

ANNUAL NOTICE OF TEACHERS' RIGHTS (PERFECT C) Provides that the attorney general is required to send by electronic mail the annual letter to teachers summarizing teachers' rights and protections under state and federal law. (Current law requires the letter to be sent by first class mail to the teachers' homes.) Charges the department of education (department) with developing a method to provide the attorney general with the names and electronic mail addresses of current teachers in Indiana. (The law currently requires the department to provide the attorney general with the teachers' residential addresses.)

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SB366

COLLECTIVE BARGAINING (MELTON E) Provides that increases or increments in a local teacher salary range are not required to be equal for all teachers even if the salary increases or increments are based on the same combination of weighted factors. Provides that teacher working hours are subject to collective bargaining. Provides that an employer is required to discuss: (1) working conditions; and (2) student learning; with the exclusive representative of certificated employees. Removes teacher evaluations from the list of items that are required to be considered to determine teacher salary increases or increments. Makes changes to the term "deficit financing" for purposes of determining the amount of money that is available for teacher contracts. Makes conforming changes consistent with 2017 legislation.

 

SB369

WORKERS' COMPENSATION DRUG FORMULARY (HEAD R) Requires the commissioner of insurance to adopt rules for exclusive use, beginning July 1, 2020, of a workers' compensation drug formulary by workers' compensation insurers. Specifies application of the formulary for employees who file notice of injury or occupational disease before July 1, 2019.

 

SB373

PENSION SUPPLEMENTAL ALLOWANCE RESERVE ACCOUNTS (WALKER G) Establishes supplemental allowance reserve accounts (reserve accounts) within the legislators' defined benefit plan, the state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan (EGC), the public employees' retirement fund (PERF), and the pre-1996 and 1996 accounts of the Indiana state teachers' retirement fund (TRF) for the purpose of paying postretirement benefit increases, thirteenth checks, and other benefit changes or adjustments granted by the general assembly after June 30, 2018. Requires that, after June 30, 2018, the state lottery commission (commission) transfer each quarter $7,500,000 of the surplus revenue from the commission's administrative trust fund to the Indiana public retirement system (INPRS) for credit first to the pension stabilization fund and second to one or more of the reserve accounts as allocated by the INPRS board of trustees (board). (Current law transfers this amount to the pension stabilization fund.) Requires that, after December 31, 2018, each employer having employees who are members of PERF, the 1996 TRF account, or EGC contribute to the applicable reserve account an amount not to exceed 1% of the employer's payroll that is attributable to those employees. Provides that all amounts in the reserve account are available to pay postretirement benefit increases, thirteenth checks, or other benefit changes or adjustments, but a postretirement benefit increase, thirteenth check, or other benefit change or adjustment may be granted by the general assembly: (1) only in an odd-numbered calendar year; and (2) only if the postretirement benefit increase, thirteenth check, or other benefit change or adjustment: (A) may be funded from the uncommitted balance in the reserve account of the particular fund or plan; and (B) may be paid in the same amount or percentage, or by using the same formula or computation method, to members of each of the funds and plans. Makes changes to the actuarial evaluation and the actuarially determined contribution for each fund or plan to track postretirement benefit increases, thirteenth checks, and other benefit changes or adjustments granted by the general assembly after June 30, 2018, separately. Provides that, in each even-numbered calendar year, the INPRS board shall present to the interim study committee on pension management oversight an actuarial report concerning the status of each reserve account. Provides that the board may not pay a postretirement benefit change or adjustment, including a postretirement benefit increase, thirteenth check, or other benefit change or adjustment granted by the general assembly after June 30, 2018, unless the change or adjustment is actuarially pre-funded. Appropriates to the INPRS $40,000,000 from the personal services/fringe benefits contingency fund for credit to the PERF reserve account for purposes of paying postretirement benefit adjustments, including postretirement benefit increases, thirteenth checks, and other benefit changes or adjustments granted by the general assembly after June 30, 2018. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)

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SB385

LOCAL GOVERNMENT BUDGET NOTICES (GLICK S) Reinstates certain expired and repealed statutes concerning local government budget notices. Reinstates the requirement that a political subdivision must give notice by publication to taxpayers of the estimated budget, the estimated maximum permissible levy, the current and proposed tax levies of each fund, the amount by which the political subdivision's property taxes may be reduced by circuit breaker credits, the amounts of excessive levy appeals to be requested, and the time and place of the public hearing on the budget. (Under current law, the political subdivision is required to submit this information to the department of local government finance's (DLGF's) gateway.) Provides that a political subdivision must include in each notice the Internet address of the DLGF's gateway at which the budget information is also available. Reinstates an expired statute providing that if the budget notice is not timely published due to the fault of a newspaper, the notice is a valid notice if it is published one time at least three days before the budget hearing. Reinstates an expired provision allowing the DLGF to correct certain errors or omissions that cause the budget notice to inaccurately reflect the tax rate, tax levy, or budget of a political subdivision.

 

SB392

LOCAL GOVERNMENT MATTERS (NIEMEYER R) Establishes a process to: (1) divide and transfer land that is owned by a county, city, or town; and (2) assess the value of land that a county, city, or town owns that the county, city, or town has divided and transferred to an adjacent property owner. Provides that, in a tax sale, a county executive may include any costs directly attributable to the county in the price for the sale of a certificate of sale. Makes conforming changes.

 

SB393

SAFETY NOTICE OF ADVANCED STRUCTURAL BUILDINGS (ECKERTY D) Requires an individual applying for a building permit for a Class 1 or Class 2 structure after June 30, 2018, to disclose the use of advanced structural components on the building permit application. Requires the building commissioner to notify the local fire department and local 911 call center of a Class 1 or Class 2 structure's use of advanced structural components not later than 90 days after issuing a building permit. Directs that a building commissioner shall not: (1) approve a structure on final inspection; or (2) issue a certificate of occupancy; unless the appropriate application and notice requirements are met.

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SB396

VETERANS' PROPERTY TAX MATTERS (WALKER G) Provides that a veteran who is classified as individually unemployable is entitled to a property tax deduction. Increases the limit of the gross assessed value below which the veteran's property tax deduction is allowable for a veteran who is totally disabled, is at least 62 years of age and has a disability of at least 10%, or is individually unemployable. Provides that the surviving spouse of an individual who dies while serving in the military or naval forces of the United States is entitled to a property tax deduction. Provides a county option deduction to eligible individuals for the acquisition and occupation of abandoned dwellings as homesteads.

 

SB424

PROHIBITION ON REQUIRING SPRINKLER SYSTEMS (MESSMER M) Prohibits the fire prevention and building safety commission or a state agency from adopting rules requiring the installation of an automatic fire sprinkler system. Prohibits a political subdivision from adopting an ordinance or other regulation requiring the installation of an automatic fire sprinkler system.

 

SB435

BUILDING CODES (FORD J) Requires the fire prevention and building safety commission (commission) to adopt a statewide residential code to be known as the Indiana Residential Code. Requires the commission to provide access to the statewide residential code on the commission's Internet web site. Prohibits a state agency or political subdivision from enforcing standards that exceed those established in the statewide residential code. Requires the commission to establish a review committee to make recommendations for amendments to the statewide residential code and provide a report on any fiscal impact of the recommended amendments. Provides that rules adopted by the commission are the only rules binding upon a state agency or political subdivision adopting the rules of the commission. Provides that rules adopted by the commission take precedence over any rules adopted by a state agency or any ordinance or other regulation that pertains to the fire prevention and building safety rules. Provides that a state agency and political subdivision shall only enforce the fire prevention and building safety rules. Requires a political subdivision to revise an ordinance or other regulation if the commission sends a notice that the ordinance or other regulation duplicates, conflicts, or overlaps with the rules of the commission.

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