Partisan gerrymandering is stifling votes and adequate representation in the Indiana Senate. This session, members of the Indiana Senate Democratic Caucus drafted and introduced 85 pieces of legislation for consideration by the Senate. Of the 85 bills introduced by our members only five bills, or 6 percent, were granted a hearing in a Senate committee. Giving a bill a committee hearing is the only way to ensure everyone has a seat at the table, all opinions are voiced and all facts are presented. Without hearings, bills simply cannot move forward and important discussions cannot take place. Our mission is to keep fighting to ensure that your voice is heard in the Statehouse.

Senator Breaux

 

SB 93 Fair Pay in Employment

Fair pay in employment. 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.

SB 130 Court Appointed Child Advocate Immunity

Court appointed child advocate immunity. Provides immunity from civil liability for: (1) a guardian ad litem program; (2) a court appointed special advocate program; (3) an employee of or volunteer for a guardian ad litem program or court appointed special advocate program; and (4) an individual acting as a contracted guardian ad litem; when a child is placed on a waiting list for guardian ad litem or court appointed special advocate services.

SB 150 Witness Protection Pilot Program

Witness protection pilot program. Authorizes the establishment of a three-year witness protection pilot program in Marion County and in Vanderburgh County to provide protection for victims of and witnesses to crime. Appropriates $200,000 in each of three fiscal years to the Indiana criminal justice institute to fund the pilot programs.

SB 151 Contraceptive Coverage

Court appointed child advocate immunity. Provides immunity from civil liability for: (1) a guardian ad litem program; (2) a court appointed special advocate program; (3) an employee of or volunteer for a guardian ad litem program or court appointed special advocate program; and (4) an individual acting as a contracted guardian ad litem; when a child is placed on a waiting list for guardian ad litem or court appointed special advocate services.

SB 193 Study Committee on Pregnant Women and HIP

Study committee on pregnant women and HIP. Urges the legislative council to assign to an appropriate interim study committee the task of studying the impact of having a pregnant woman who is participating in the healthy Indiana plan (HIP) receive pregnancy services under HIP instead of moving the pregnant woman to the Hoosier Healthwise Medicaid program.

SB 320 Lead-based Paint Renovation Hazards Programs

Lead-based paint renovation hazards program. Requires the state department of health to seek authorization from the United States Environmental Protection Agency (EPA) to administer and enforce, in Indiana, the EPA’s program to address lead-based paint hazards created by renovation, repair, and painting activities that disturb lead-based paint in certain housing structures and facilities.

SB 321 Medicaid Rate for Chemical Dependency Services

Medicaid rate for chemical dependency services. Requires Medicaid reimbursement for the provision of inpatient substance abuse detoxification services at a per diem rate that factors in the average length of stay for a patient for the reimbursed diagnosis related group.

SB 322 Lead Poisoning of Children

Lead poisoning of children. Requires the state department of health to develop and distribute to primary health care providers a one page informational form that sets forth a series of questions for a child’s family concerning the child’s exposure to lead and directs a primary health care provider to have a child’s blood tested for lead if the child’s family gives certain answers to the questions. Requires a primary health care provider who provides well child health care services to a child less than six years of age to recommend a blood lead screening test under certain circumstances and to Lead poisoning of children. Requires the state department of health to develop and distribute to primary health care providers a one page informational form that sets forth a series of questions for a child’s family concerning the child’s exposure to lead and directs a primary health care provider to have a child’s blood tested for lead if the child’s family gives certain answers to the questions. Requires a primary health care provider who provides well child health care services to a child less than six years of age to recommend a blood lead screening test under certain circumstances and to order a blood lead screening test under certain circumstances. Provides an exception if the parents of the child object to the blood lead screening test on religious grounds. Establishes requirements for blood lead screening tests and confirmatory blood lead screening tests. Requires a clinical laboratory that performs an analysis of the blood of a child for lead to report the results to the state health commissioner (commissioner). Provides that the commissioner, when provided test results showing that a child has a blood lead level of at least five micrograms per deciliter, is required to order a public health lead investigation to determine the source of the child’s lead poisoning if the child is less than six years of age, and may order a public health lead investigation if the child is more than six but less than 16 years of age. Provides that the public health lead investigation must include an onsite investigation of the child’s residential unit, child care center, or school if the child has a blood lead level of at least 10 micrograms per deciliter. Provides that the commissioner must require a public health lead risk assessment of a child’s residential unit, child care center, or school upon determining that the property is a possible source of the child’s lead poisoning. Provides that if the public health lead risk assessment indicates that one or more lead hazards in the residential unit, child care center, or school are contributing to a child’s lead poisoning, the commissioner shall issue an order to have each lead hazard controlled. Requires the owner or manager of the residential unit, child care center, or school to choose from among certain acceptable methods to control each lead hazard specified in the commissioner’s order. Requires the commissioner to issue a noncompliance order prohibiting the use of the property if the owner or manager of the residential unit, child care center, or school does not comply with the lead hazard control order. Requires the commissioner to lift a lead hazard control order when all lead hazards specified in the control order have been sufficiently controlled.

SB 323 CDC Youth Risk Behaviors Survey

CDC Youth Risk Behaviors Survey. Requires the state department of health to notify the department of education if the federal Centers for Disease Control and Prevention (CDC) notifies the state department of health that a public high school is identified to participate in the CDC’s Youth Risk Behaviors Survey (survey). Provides that the department of education is required to notify the public high school that the school is required to participate in the survey. Requires a public high school to participate in the survey.

SB 324 Absentee Voting at Satellite Offices

Absentee voting at satellite offices. Requires a county to establish at least one satellite office in the county for voters to vote by absentee ballot.

SB 381 Children in Need of Services

Children in need of services. Provides that a child who is: (1) a victim of certain offenses; and (2) unlikely to receive necessary care, treatment, or rehabilitation without the intervention of the court; is a child in need of services. Provides that a child who: (1) lives in the same household as an adult who committed an offense against another child who lives in the household that resulted in a conviction or judgment; or (2) lives in the same household as an adult who has been charged with an offense against another child who lives in the household and is awaiting trial; and is unlikely to receive necessary care, treatment, or rehabilitation without the intervention of the court is a child in need of services.

SB 401 Health Facility Employee Criminal Background Check

Health facility employee criminal background check. Requires a health facility to obtain a national criminal history background check or an expanded criminal history check for the health facility’s employees. Provides immunity to persons for: (1) denying or terminating an individual’s employment because of the individual’s criminal history; or (2) reporting to or participating in the proceedings of the state department of health or the registry of nurse aides.

Senator Lanane

 

SB 36 NCSL 2020 Legislative Summit

NCSL 2020 Legislative Summit. Establishes the NCSL 2020 Legislative Summit host committee.

SB 77 Redistricting

Redistricting. Establishes a redistricting commission (commission) to create, hold hearings on, take public comment about, and recommend plans to redraw general assembly districts and congressional districts. Requires the legislative services agency (agency) to provide staff and administrative services to the commission. Establishes standards to govern the commission and the agency in the creation of redistricting plans. Provides that the general assembly must meet and enact redistricting plans before October 1 of a redistricting year. Authorizes the general assembly to convene in a session to act on redistricting bills at times other than the times the general assembly is currently authorized to meet. Repeals the current law establishing a redistricting commission for congressional redistricting.

SB 78 Driving Authority Permits

Driving authority permits. Provides for the issuance of driving authority permits and driving authority learner’s permits (permits) to residents of Indiana who cannot provide proof of identity and lawful status in the United States. Provides that permits may not be used for federal identification or any federal purposes. Requires that an individual who holds a permit and operates a motor vehicle must verify that financial responsibility on any motor vehicle that the holder operates is continuously maintained in the amounts required by law. Makes conforming amendments. Makes a technical correction.

SB 138 Making an Unlawful Proposition                    

Making an unlawful proposition. Increases the penalty for making an unlawful proposition from a Class A misdemeanor to a Level 6 felony if the person to whom the offer or payment is made is less than 18 years of age. Makes it a Level 5 felony if a person who commits the offense of making an unlawful proposition knows that the other person is less than 18 years of age.

SB 192 Traumatic Brain Injury Information

Traumatic brain injury information. Requires a predispositional report in a delinquency proceeding to include, if the child has suffered a traumatic brain injury, information relating to the traumatic brain injury, including the effect of the traumatic brain injury on the child’s behavior and cognitive abilities.

SB 284 Treatment of Lyme Disease

Treatment of Lyme disease. Requires that, if an individual is diagnosed with Lyme disease or a related tick borne disease, state employee health plans, Medicaid, policies of accident and sickness insurance, and health maintenance organization contracts must provide coverage for Lyme disease or a related tick borne disease testing and treatment that is prescribed by a health care provider. Provides that a health care provider may not be subject to discipline solely because the health care provider prescribed, administered, or dispensed a long term antibiotic treatment for the treatment of Lyme disease or a tick borne disease. Requires a healthcare provider or health care provider’s designee who orders a laboratory test for the presence of Lyme disease to provide the patient or the patient’s legal representative with certain written information concerning Lyme disease.

SB 285 Prohibited Discrimination in Civil Rights Statutes

Prohibited discrimination in civil rights statutes. Amends civil rights enforcement statutes to prohibit discrimination based on sexual orientation, gender identity, national origin, disability, veteran status, and ancestry.

SB 286 SPEA Study of Indiana Environmental Policy

SPEA study of Indiana environmental policy. Requires the Indiana University School of Public and Environmental Affairs (SPEA) to assess the potential for development of low-carbon and green industries in Indiana and the job creation, economic growth, and wealth generation that could result for Indiana communities from the development of these industries. Requires SPEA to report the results of its assessment to the legislative council not later than December 1, 2018.

SB 287 Same Day Registration

Same day registration. Permits a voter to register at the polls by completing a voter registration form and an affirmation that the person has not voted elsewhere in the election and by providing proof of residence.

SB 378 Medicaid Based Statewide Health Program

Medicaid based statewide health plan. Establishes the Indiana statewide health plan within the Medicaid program. Sets forth requirements of the plan. Requires the office of the secretary of the family and social services administration to apply for any federal waivers required for the plan.

Senator Melton

 

SB 29 Pre-Kindergarten Eligibility Pilot Program

Prekindergarten pilot program eligibility. Removes the requirement that, for an eligible child to qualify for a grant under the prekindergarten pilot program, the eligible child reside with a parent or guardian who is: (1) working or attending a job training program or educational program; or (2) actively seeking employment. Removes a provision that allows priority for a grant to an eligible child whose parent or guardian is involved in: (1) activities that improve the parent’s or guardian’s education; or (2) job training.

SB 325 Small Loan Finance Charges

Small loan finance charges. Changes the current incremental finance charge limits that apply to a small loan to a maximum annual rate. Prohibits certain acts with respect to financing of a small loan and makes a violation a deceptive act and subject to penalties.

SB 364 Income Tax Credit for K-12 Education Donations

Income tax credit for K-12 education donations. Provides a 50% income tax credit to donors who donate to a public school foundation. Sets forth standards that apply to taking the credit and to public school foundations that receive contributions. Limits the total credits that may be claimed during a state fiscal year using a three year phase in period.

SB 365 Teacher Compensation

Teacher compensation. Provides that a school corporation may increase a teacher’s base salary that exceeds the salary specified in the school corporation’s compensation plan if the teacher possesses a master’s degree that is: (1) directly related to the content area of a dual credit course or another course taught by the teacher; or (2) approved by the governing body of the school corporation. (Current law provides that a school corporation may provide a supplemental payment to a teacher that exceeds the salary specified in the school corporation’s compensation plan if the teacher has earned a master’s degree in a content area directly related to the subject matter of a dual credit course or another course taught by the teacher.) Provides that a school corporation may increase the base salary of an elementary school teacher who possesses a master’s degree in math, reading, or literacy. (Current law provides that a supplemental payment may be made to an elementary school teacher who earns a master’s degree in math or reading and literacy.)

SB 366 Collective Bargaining

Collective bargaining. 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.

SB 367 Trauma Sensitive Schools

Trauma sensitive schools. Requires the department of education to conduct a statewide needs assessment survey concerning student service providers and how schools are addressing the social and emotional needs of students.

SB 368 School Financial Condition Analysis

School financial condition analysis. Provides for a coordinated effort by the department of education, the department of local government finance, the state board of accounts, the management performance hub (MPH), and the distressed unit appeal board (DUAB) in identifying whether a school corporation needs technical assistance in addressing its financial condition. Requires the MPH to submit a preliminary report of its findings to the interim committee on fiscal policy before submitting a final report to the DUAB. Requires the DUAB to make a determination whether a school corporation identified by another agency needs technical assistance, and requires the DUAB to initiate contact with the school corporation governing body chairperson and superintendent to offer the technical assistance. Provides that if a school corporation accepts the assistance, a technical assistance team is created. Requires the team to perform a thorough review of the school corporation’s financial condition and recommend actions the school corporation could take to address its financial condition. Requires the team leader to meet with the school corporation officials to review the report. Requires the team leader to include any written response by the school corporation officials in the final report to the DUAB. Specifies that the governing body, the superintendent, and the DUAB may enter into an agreement setting forth the actions that will be taken to implement the recommendations.

SB 406 Charter School Requirements

Charter school requirements. Requires that the board of a charter school must consist of at least two members who reside within the geographic boundaries of the school corporation in which the charter school is located. Prohibits an authorizer from accepting a proposal to establish a charter school from an organizer that already operates a charter school in Indiana unless the organizer provides evidence of improvement and achievement of student academic performance at the charter school. Removes certain provisions that allow charter schools to: (1) limit new admissions; and (2) give preference to children of the charter school’s founders, governing body members, and charter school employees. Prohibits a charter school authorizer or organizer from interfering with or discouraging employees who seek to organize and bargain collectively. Requires all full-time teachers in a charter school to hold a teaching license or to be enrolled in a transition to teaching program. Requires the department of education (department) to establish requirements or criteria to prevent charter school and organizer financial and enrollment fraud, waste, and abuse. Requires a charter school and organizer to obtain annually an independent audit. Provides that, not later than July 1, 2019, and each July 1 thereafter, each charter school and organizer shall submit a report to the department. Requires the department and each charter school to post a copy of the report on their Internet web sites. Provides that, if the department finds that a charter school or organizer has misrepresented facts or committed fraud, waste, or abuse, the department shall issue a summary of the department’s findings and may make recommendations to the state board of education to take certain actions, including withholding distributions or requiring an authorizer to revoke the charter school’s charter. Requires that at least 50% of the public meetings of a charter school must be held in the geographic boundaries of the school corporation in which the charter school is located. Establishes the charter school market assessment board (board). Requires the board to: (1) conduct a market assessment; (2) provide notice of public meetings and conduct public meetings to receive public input on the market assessment topics; and (3) before January 1, 2019, prepare and submit a report to the legislative council of the board’s findings and any recommendation by the board concerning the market assessment.

SB 407 Moratorium Operated on Private Facilities

Moratorium on privately operated facilities. Prohibits the department of correction from contracting with a private organization for the incarceration of committed persons or immigration detainees in a facility owned by the private organization, and for the operation by the private organization of a correctional facility or immigration detention center owned by the state. Prohibits a unit of local government from contracting with a private organization for the incarceration of prisoners or immigration detainees in a facility owned by the private organization or for the operation by the private organization of a correctional facility or immigration detention center owned by the unit of local government. Provides exceptions for centers providing reentry services as part of a community transition program.

SB 426 State Park Admission Fees for Disabled Veterans
State park admission for disabled veterans. Provides that a disabled veteran may not be charged a fee for a Golden Hoosier Passport, which entitles the holder, the holder’s vehicle, and passengers in the holder’s vehicle to unlimited admission to state parks and other department of natural resources properties for which an admission fee is charged.

Senator Mrvan

 

SB 121 Minimum Wage

Minimum wage. Increases the minimum wage paid to certain employees in Indiana as follows: (1) after June 30, 2019, from $7.25 an hour to $10 an hour; (2) after June 30, 2020, from $10 an hour to $13 an hour; and (3) after June 30, 2021, from $13 an hour to $15 an hour. Provides that after June 30, 2022, and each subsequent June 30, the hourly minimum wage increases at the same percentage as any increase in the Consumer Price Index for the preceding calendar year. Makes technical corrections and corresponding changes. Removes outdated language.

SB 249 Improper Worker Classification

Improper worker classification. Authorizes the department of state revenue, the department of labor, the worker’s compensation board, and the department of workforce development to issue subpoenas for the attendance of witnesses and the production of records and to question witnesses under oath when conducting an investigation of any suspected improper worker classification by a construction contractor. Allows the worker’s compensation board to issue a stop work order as an additional remedy against an employer that does not have the required insurance and has not furnished satisfactory proof of self-insurance. Provides that service of a stop work order on a worksite is effective as to the employer’s operations on that worksite, and that service of a stop work order on an employer is effective as to all of the employer’s worksites where the employer has not complied with the insurance or self-insurance requirements. Provides a civil penalty of $1,000 for each day an employer violates a stop work order.

SB 250 Absentee Voting

Absentee voting. Permits a voter who is qualified to vote in person to vote by absentee ballot. Removes all other qualifications for a voter to vote by absentee ballot except for a voter with disabilities who is unable to make a voting mark on the ballot or sign the absentee ballot secrecy envelope. (Such a disabled voter is currently required to vote before an absentee voter board.)

SB 251 Age of Consent

Age of consent. Adds the criminal offense of indiscretion, which is committed when a person who is at least 22 years of age engages in sexual intercourse or other sexual conduct, fondling, or touching with a child who is at least 16 years of age but less than 18 years of age. Adds indiscretion to the list of: (1) sex offenses; and (2) offenses that would determine if a child is a child in need of services. Makes conforming amendments.

 

SB 252 Prevention of Sexual Violence, Domestic Violence, and Stalking

Prevention of sexual violence, domestic violence, and stalking. Requires each approved postsecondary educational institution to do the following: (1) Establish a comprehensive policy concerning sexual violence, domestic violence, and stalking (comprehensive policy). (2) Develop a concise notice, written in plain language, regarding the rights and options of students who are victims of sexual violence, domestic violence, or stalking and provide the notice to students from whom the approved postsecondary educational institution receives a report of a violation of the comprehensive policy. (3) Designate one or more individuals to serve as confidential advisors to provide emergency and ongoing support to students who are victims of sexual violence, domestic violence, or stalking. (4) Establish a complaint resolution procedure to resolve reports of student violations of an approved postsecondary educational institution’s comprehensive policy. (5) Provide training and information concerning sexual violence, domestic violence, and stalking to students and certain employees of the approved postsecondary educational institution. (6) Establish an approved postsecondary educational institution campus wide task force or participate in a regional task force to work toward improving coordination among community leaders and service providers in the prevention of sexual violence, domestic violence, and stalking and ensure a coordinated response of law enforcement and victim services. (7) Submit a report to the commission for higher education (commission) concerning an approved postsecondary educational institution’s comprehensive policy, notice of student rights and options, and information regarding reports of sexual violence, domestic violence, and stalking at the approved postsecondary educational institution. Requires the commission to maintain on the commission’s Internet web site a list of all the approved postsecondary educational institutions that fail to comply with the reporting requirements.

SB 253 Registry of Employers Preferring Veterans

Registry of employers preferring veterans. Requires the Indiana department of workforce development to establish and maintain a registry of private employers, local units of governments, and labor unions in Indiana that have a voluntary veterans’ preference employment policy.

SB 254 Economic Development Incentive Accountability

Economic development incentive accountability. Adds various job and employee definitions to the Indiana economic development corporation (IEDC) laws. Requires that all records related to taxpayer funded economic development incentives must be disclosed under the open records law. Requires that the IEDC’s annual job creation incentives and compliance report must be published on the Indiana transparency portal Internet web site. Requires the IEDC and the department of state revenue to compile information on all job creation incentives granted, including the total amount of uncollected or diverted state tax revenues resulting from each incentive, and requires that this information must be included as part of the IEDC’s annual job creation incentives and compliance report. Requires the IEDC to recapture job creation incentives from a recipient that: (1) fails to make the level of capital investment; (2) fails to create or retain the promised number of jobs; or (3) pays less in wages; than specified in an incentive agreement. Requires the IEDC to compile information on all recapture activities and incentives recouped from unfulfilled commitments and to include the information as part of the IEDC’s annual job creation incentives and compliance report. Requires incentive recipients to prepare an annual compliance report on the number of jobs created or retained, employee pay, and various other information concerning the use of the incentives, and requires the IEDC to compile this information and include it in the IEDC’s annual job creation incentives and compliance report. Repeals and replaces the definition of “job creation incentive” without change to maintain alphabetical order.

SB 255 Mental health Screenings and Education

Mental health education and screenings. Requires a school corporation’s health education curriculum to include mental health wellness education. Provides that the governing body of a school corporation may provide mental health screenings to students if the governing body receives written consent from a student’s parent or guardian to provide a mental health screening to the student. Requires the department of education to provide a school corporation with resources regarding mental health wellness upon request by the school corporation.

SB 295 School Property and Religious Institutions

School property and religious institutions. Prohibits a sex offender from attending a house of worship located on school property while classes, extracurricular activities, or other school activities are being held.

SB 343 Veterans Education benefits

Veterans education benefits. Provides that a student who is eligible to receive a tuition and fee exemption because the student is a child of a veteran must maintain at least a cumulative grade point average that the eligible institution determines is satisfactory academic progress, which may not be less than a cumulative grade point average of 2.0 on a 4.0 grading scale or its equivalent as established by the eligible institution. (Current law requires the student to maintain at least a cumulative grade point average that the eligible institution determines is satisfactory academic progress.) Provides that if the Indiana department of veterans’ affairs approves a request for a determination of eligibility for a person after the person initially enrolls in a state educational institution (institution) and while the person is attending the institution, the determination of eligibility shall be made retroactive to the date of submission to the United States Department of Veterans Affairs of the application to recognize the person’s mother’s or father’s service related death or disability. Provides that the applicant may receive a refund equal to the amount of the tuition and fees paid to the institution by the applicant. Repeals a provision that limits the tuition exemption amount for a child of a veteran who served in the armed forces after June 30, 2011, based on the percentage of the parent’s disability rating. Makes conforming amendments.

SB 344 Scratch Offs to Benefit Veterans

Scratch off tickets to benefit veterans. Requires the state lottery commission, in collaboration with a vendor contracted for a major procurement, to design or designate a scratch off game to benefit Indiana veterans. Deposits a part of surplus revenue from sales of tickets for the scratch off game into the veterans homelessness assistance fund. Establishes the veterans homelessness assistance fund. Requires the department of veterans’ affairs to adopt administrative rules for: (1) oversight of; and (2) the awarding of grants to qualified entities from; the veterans homelessness assistance fund.

Senator Niezgodski

 

SB 98 Specialized Driving Privileges

Specialized driving privileges. Provides that an individual’s specialized driving privileges expire at the time the suspension of the individual’s driving privileges is terminated if: (1) the underlying conviction, charge, adjudication, or determination that forms the basis of the suspension is reversed, vacated, or dismissed; or (2) the individual is acquitted of, found not liable for, or otherwise found not to have committed the underlying act or offense that forms the basis of the suspension. Requires the court to inform the bureau of motor vehicles of a termination of a suspension and expiration of specialized driving privileges.

SB 166 Reporting on Worker Misclassification

Reporting on worker misclassification. Requires the state department of revenue (DOR), the state department of labor (DOL), the worker’s compensation board of Indiana (WCB), and the department of workforce development (DWD) to report before November 1 of each year for three years, beginning November 1, 2018, to the interim study committee on employment and labor for the immediately preceding state fiscal year certain information. Requires DOR, WCB, and DWD to report: (1) the number of employers that each department or the board determined during the immediately preceding state fiscal year improperly classified at least one worker as an independent contractor; (2) the total number of improperly classified workers employed by those employers; (3) the department’s or board’s estimate of the revenue not collected or the additional costs to the state that the department or board attributes to the improperly classified workers; and (4) the amount of the penalties and interest assessed against those employers by each department or the board, and the amount of the penalties and interest assessed that has been collected. Requires DOL to report: (1) the number of reports of suspected worker misclassification received through DOL’s tip web page; and (2) the number of those reports referred to other state departments or agencies.

SB 167 Grants from State Disaster Relief Fund

Grants from state disaster relief fund. 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.

SB 168 Ban on Sale or Use of Coal Tar Pavement Products

Ban on sale or use of coal tar pavement products. Prohibits the: (1) sale or offer for sale; and (2) application to pavement; of a coal tar pavement product except as required for purposes of research on the effects of the coal tar pavement product on the environment.

SB 169 Proof of Identification

Proof of identification. Provides that a document issued by a state university or by an approved postsecondary educational institution serves as proof of identification for purposes of voting if the document otherwise satisfies the requirements for a proof of identification. Provides that such a document is not required to have an expiration date or may have an indefinite expiration date if it otherwise satisfies the requirements for a proof of identification.

SB 170 Eligibility for Economic development Incentives

Eligibility for economic development incentives. Requires the Indiana economic development corporation (IEDC) to compile a list of all employers that relocate a call center to a foreign country and to disqualify employers on that list from state grants, loans, and tax credits. Requires an employer receiving a state grant, loan, or tax credit to notify the IEDC if it intends to relocate a call center. Imposes a civil penalty on an employer that does not notify the IEDC.

SB 175 Practice and Licensure of Naturopathic Therapy

Practice and licensure of naturopathic medicine study. Urges the legislative council to assign to an interim study committee the task of studying issues related to the creation of a license to practice naturopathic medicine in Indiana.

SB 176 Service Officer Matters

Service officer matters. Requires notification from the director of the department of veterans’ affairs to county and city executives concerning noncompliance with: (1) designation of service officers; and (2) accreditation requirements. Provides that a vacancy may not occur in the office of a designated or employed service officer for more than 60 consecutive days. Requires, after one year of noncompliance, a part of local income taxes to be withheld from cities and counties that fail to enforce: (1) designation and employment requirements; and (2) accreditation and reaccreditation requirements for city and county service officers. Requires county executives to designate county service officers for five year terms. Allows for funding for training and accreditation of service officers to be paid from the military family relief fund.

SB 227 Eligibility for Resident Tuition Rate

Eligibility for resident tuition rate. Provides that an individual who meets certain conditions is eligible for the resident tuition rate as determined by the state educational institution. Requires the commission for higher education to prescribe the form of the affidavit an individual must file to be eligible for the resident tuition rate. Provides that an agency or political subdivision is not required to verify that an individual is a United States citizen or qualified alien for the individual to be eligible to pay the resident tuition rate. Repeals a provision that provides that an individual who is not lawfully in the United States is not eligible to pay the resident tuition rate.

SB 228 Driving Cards

Driving cards. Provides for the issuance of driving cards and driving card learner’s permits (cards) to residents of Indiana who cannot provide proof of identity and lawful status in the United States. Provides that cards may not be used for federal identification or any federal purposes. Requires that an individual who holds a card and operates a motor vehicle must verify that financial responsibility on any motor vehicle that the holder operates is continuously maintained in the amounts required by law. Makes conforming amendments. Makes technical corrections.

SB 229 Pension Cost of Living Adjustments

Pension cost of living adjustments. 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.

SB 386 Financing of Flood Control Improvements

Financing of flood control improvements. Authorizes the Indianapolis metropolitan development commission (commission), following a written recommendation from the board of public works and approval of the legislative body, to adopt an ordinance designating an area as a flood control improvement district (district) to capture incremental property tax revenue within the district to be used for the construction, replacement, repair, maintenance, or improvement of flood control works. Provides that only special flood hazard property may be included within the boundaries of a district. Defines “special flood hazard property” as property that on January 1, 2018, is situated in a special flood hazard area as designated by the Federal Emergency Management Agency. Provides that a district may not include any property that is already included in a tax increment financing allocation area. Provides that, before making a recommendation to the commission to establish a district, a board of public works must: (1) establish the boundaries for the district; (2) identify the owners of each parcel of property in the district; (3) create a proposed plan for flood control works within the district; and (4) hold a public hearing on the proposed district. Provides that the fiscal officer of the county shall establish a flood control improvement fund (fund) for each district that is established within the county. Provides that the commission shall administer the fund. Provides that the incremental property tax revenue from a district shall be deposited in the fund and used only for providing flood control works within the boundaries of that district. Provides that the commission may issue bonds payable from the fund for the purpose of construction, replacement, repair, maintenance, or improvement of flood control works. Specifies the types of costs for flood control works that may be funded from a bond issue including reimbursement to the county for expenditures made from the county’s storm water fund for flood control works prior to the bond issuance. Provides that, in lieu of issuing bonds, the fiscal body of the county may adopt an ordinance to authorize money in a fund of a district to be applied to reimburse debt service payments made on bonds for which revenue from the county’s storm water fund is pledged, if the bonds for which the reimbursements are made were issued solely for the purpose of construction, replacement, repair, maintenance, or improvement of flood control works that are located within the district for which the fund was established. Allows the county to adopt an ordinance to continue distribution and allocation of property taxes after bond maturity, solely for the purpose of maintenance and repair of flood control works within the district for not more than 50 years. Requires a commission to make an annual report to the fiscal body of the county and submit a copy of the report to the department of local government finance.

SB 425 Unemployment Insurance Matters

Unemployment insurance matters. Excludes from the definition of “employment”, for purposes of the unemployment compensation system, service performed by a driver who provides drive away operations when: (1) the vehicle being driven is the commodity being delivered; and (2) the driver has entered into an agreement with the party arranging for the transportation that specifies the driver is an independent contractor and not an employee.

Senator Randolph

 

Vigo County Food and Beverage Tax

Vigo County food and beverage tax. Authorizes the county council of Vigo County to adopt a county food and beverage tax (tax). Provides that the tax rate may not exceed 1%. Specifies that the revenue from the tax shall be distributed to the capital improvement board and may be used by the board only for the acquisition, construction, improvement, maintenance, or financing of the following: (1) A convention center. (2) A facility that is used or will be used principally for convention or tourism related events or the arts. (3) Wayfinding improvements. Requires the construction or improvements to be made after June 30, 2018. (4) To pay the principal and interest on bonds issued to finance one of these purposes. Specifies that the tax expires December 31, 2043.

SB 112 Continuance for Conflict with Study Committee

Continuance for conflict with study committee. Requires a court or governmental entity to grant a continuance upon the motion of a party, a defendant, or an attorney if the party, defendant, or attorney is a member of the general assembly and a proceeding of the court or governmental entity conflicts with the member’s attendance at a meeting of a study committee.

SB 113 Paid Employee Leave

Paid employee leave. 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.

SB 114 Protective Orders and Employment

Protective orders and employment. Provides that an employer may not discriminate against an employee with respect to compensation and benefits from the employer or terms and conditions of employment based on: (1) the employee’s filing of a petition for a protective order, whether or not the protective order has been issued; or (2) the actions of an individual against whom the employee has filed a protective order.

SB 115 Tax Credits for Teachers’ Classroom Supplies

Tax credit for teachers’ classroom supplies. Increases the income tax credit for an individual employed as a teacher for amounts expended on classroom supplies from $100 to $500 per taxable year.

SB 116 Election of Lake County Juvenile Court JudgesElection of Lake County juvenile court judges. Provides that the judge of the juvenile division of the Lake County superior court (court) is elected in a nonpartisan election instead of being subject to a retention election as are the other judges of the court. Provides that the first nonpartisan election of the judge of the juvenile division of the court is at the 2022 general election. Provides that in appointing magistrates, the judge of the St. Joseph County probate court and the juvenile judge of the Lake County superior court shall strive to reflect the ethnic and racial demographics of their respective counties

SB 117 Limits on Expulsions and Long Term Suspensions

Limits on expulsions and long-term suspensions. Requires a determination that a student’s school suspension or expulsion will prevent or reduce the risk of interference with an educational function or school purposes, disruption of the learning environment, or physical injury to the student, other students, school employees, or school visitors and, in the case of an expulsion, a determination that all other available and appropriate disciplinary and behavioral interventions have been exhausted. Requires inclusion of the rationale for the use of school suspension or expulsion in the statement to a student’s parent.

SB 118 School City of East Chicago Loan

School City of East Chicago loan. Transfers, not later than July 1, 2018, to the school disaster loan fund from the state general fund an amount sufficient to pay off the loan that was made to the School City of East Chicago school corporation from the school disaster loan fund.

SB 147 Appointed Court Magistrates

Appointed court magistrates. Provides that in appointing magistrates, the judge of the St. Joseph County probate court and the judge of the juvenile division of the Lake County superior court shall strive to reflect the ethnic and racial demographics of their respective counties.

SB 148 Election of Lake County Juvenile Judge

Election of Lake County juvenile judge. Provides that a vacancy in the judgeship of the juvenile division of the Lake County superior court (court) is filled by the governor rather than by the governor from a list of names submitted by the Lake County judicial nominating commission. Provides that in appointing magistrates, the juvenile judge of the court shall strive to reflect the ethnic and racial demographics of Lake County. Provides that the judge of the juvenile division of the court is elected in a partisan election instead of being subject to a retention election as are the other judges of the court.

SB 149 Charity Gaming Operations

Charity gaming operations. Allows an operator of or a worker at a charity gaming event (other than a full-time employee of the qualified organization conducting the event) to receive remuneration of not more than $50 for conducting or assisting in conducting the event. Provides that meals, recognition dinners, and social events for operators and workers are permitted if they do not constitute an unreasonable expenditure in the conduct of an allowable event. Relocates the prohibition on paying volunteer ticket agents to the statute imposing other rules on the use of a volunteer ticket agent.

 

SB 290 Worker’s Compensation

Worker’s compensation. Establishes a time frame for the payment of compensation under a settlement agreement, a permanent partial impairment agreement, and an award of compensation ordered by a single hearing member of the worker’s compensation board (board). Provides that an employer that fails to make a timely payment is subject to a civil penalty. Requires an employer that has mobile or remote employees to convey information about worker’s compensation coverage to the employer’s employees in an electronic format or in the same manner as the employer conveys other employment related information. Allows the electronic filing of certain documents with the board. Provides that a permanently, totally disabled worker must reapply to the second injury fund for a wage replacement benefit every three years instead of every 150 weeks. Requires the reporting of workplace injuries needing medical attention beyond first aid instead of injuries causing an absence from work for more than one day. Provides that reporting requirements for workplace injuries are intended to be consistent with the recording requirements set out in the United States Occupational Safety and Health Administration’s regulations. Changes from $50 per employee to $100 per day the civil penalty for an employer’s failure to provide proof of worker’s compensation coverage. Revises the definition of employer to include corporations, limited liability companies, limited liability partnerships, and other entities that have common control and ownership. Makes conforming amendments for occupational diseases compensation. Urges the legislative council to assign to an appropriate interim study committee the task of studying increases to the benefit schedules for worker’s compensation and occupational diseases compensation.

Senator Stoops

 

SB 79 Temporary Assistance for Needy Families (TANF) Eligibility

Temporary Assistance for Needy Families (TANF) eligibility. Sets the income eligibility requirements for the Temporary Assistance for Needy Families (TANF) program at not more than 50% of the federal income poverty level. Requires the division of family resources to amend the state TANF plan or take any other action necessary to implement the income requirements. Increases certain payment amounts under the TANF program and requires the payments to be annually adjusted using the Social Security cost of living adjustment rate.

SB 232 Access to Nutritious Food Program

Access to nutritious food program. Establishes the access to nutritious food program (program) under the administration of the Indiana housing and community development authority (IHCDA). Provides that the purpose of the program is to focus on: (1) distribution of fresh and nutritious food; and (2) education in food preparation and nutrition in food deserts. Defines “food desert”. Requires the IHCDA to convene an annual meeting to share best practices and information concerning effective programs and submit an annual report to the lieutenant governor and legislative council.

SB 286 SPEA Study of Indiana Environmental Policy

SPEA study of Indiana environmental policy. Requires the Indiana University School of Public and Environmental Affairs (SPEA) to assess the potential for development of low-carbon and green industries in Indiana and the job creation, economic growth, and wealth generation that could result for Indiana communities from the development of these industries. Requires SPEA to report the results of its assessment to the legislative council not later than December 1, 2018.

SB 312 Designated Wild Areas in Certain State Forests

Designated wild areas in certain state forests. Provides that 13 specified areas within certain state forests are “designated wild areas”. Specifies certain activities that are prohibited or allowed within a designated wild area. Establishes responsibilities for the department of natural resources (DNR) and divisions of the DNR that manage designated wild areas.

SB 313 Timber Management

Timber management. Requires that, before a permit, lease, or contract is issued to a person to remove merchantable timber, the person must secure a written approval from all counties in which any truck to be used in the removal operation is to be driven. Requires the department of natural resources (department) to prepare and publish on the department’s Internet web site a cost-benefit analysis concerning the removal of merchantable timber from state forests. Provides that the department may not advertise or solicit bids for the removal of merchantable timber from a state forest until the cost-benefit analysis has been published on the department’s Internet web site for at least 30 days.

SB 314 Student Meals and Lunch Shaming

Student meals and lunch shaming. Requires public schools, charter schools, and nonpublic schools that participate in the national school lunch program or national school breakfast program, or both, to provide a meal that meets the reimbursable meal requirements established by the United States Department of Agriculture to a student if: (1) the student requests a meal; and (2) the student’s parent or guardian has not submitted a written request that the school not serve the student a meal. Prohibits the schools from the following: (1) Requiring a student to dispose of a meal because of the student’s inability to pay for the meal or the student owes meal debt for previous meals. (2) Publicly identifying or stigmatizing a student of the school who is unable to pay for a meal or owes a meal debt. (3) Requiring a student of the school who is unable to pay for a meal or owes a meal debt to perform chores or other work for the purposes of paying for the meal or meal debt. Requires the schools to take certain actions if a student owes money to the school for more than four meals.

SB 315 Requirements for Charter Schools

Requirements for charter schools. Provides that certain charter school authorizers that issued a charter for a charter school before July 1, 2015, are required to be approved by the state board of education (state board) before the authorizers may authorize a new charter or renew an existing charter for a charter school. (Current law provides that certain charter school authorizers that have not issued a charter for a charter school prior to July 1, 2015, are required to be approved by the state board before they may authorize a charter school.) Provides that an authorizer may not accept a proposal to establish a charter school from an organizer that already operates a charter school if a charter school that the organizer operates does not meet certain thresholds regarding its school accountability grade. Provides that a charter school may not enroll new students who are not currently enrolled in the charter school if the charter school does not meet certain threshholds regarding its school accountability grade. Provides that the provisions allowing an administrative fee of not more than 3% for certain authorizers do not apply to charters granted or renewed after June 30, 2018.

SB 316 Regulation of Confined Feeding Operations

Regulation of confined feeding operations. Amends the law on confined feeding operations (CFOs, which include any confined feeding of at least 300 cattle, 600 swine or sheep, 30,000 fowl, or 500 horses). Provides that a person who owns a CFO, owns the livestock in a CFO, applies for a permit, permit renewal, or permit modification for a CFO, or is otherwise in direct or responsible charge of a CFO is a “responsible party” with respect to the CFO. Provides that a person may not start construction or operation of a CFO without obtaining a permit from the department of environmental management (IDEM) and may not modify a CFO without obtaining a permit modification from IDEM. Requires IDEM to provide public access to a permit application through IDEM’s Virtual File Cabinet, to publish a notice requesting public comments on the application, to allow interested persons to submit written comments, and to hold a public hearing on the permit application upon written request. Requires the commissioner of IDEM (commissioner) to deny an application for a permit or permit modification if the proposed activity would substantially endanger public health or the environment. Authorizes the commissioner to revoke a permit to prevent or abate a substantial endangerment to public health or the environment. Requires the environmental rules board to adopt rules establishing new requirements for new CFOs and for existing or expanding CFOs, including the requirement to maintain at least one mile in distance between a CFO’s structures and the boundary of any property on which an existing residence is located and the requirement to meet an odor standard. Removes from the Indiana Code a statement that the Indiana Code shall be construed to protect the rights of farmers to choose among all generally accepted farming and livestock production practices. Amends the law stating that an agricultural operation that has been in operation for more than one year does not become a nuisance by a change in conditions if there is no “significant change” in the type of operation by eliminating provisions of the law declaring that certain types of changes are not significant changes. 

SB 317 Public Transit Funding

Public transit funding. Allows counties to impose an additional local income tax rate to fund the operations of a public transportation corporation and the operations of a rural transportation assistance program. Provides that the rate must be adopted by the county council and must be at least 0.1% but not more than 0.25%. Excludes from this provision any county that is eligible to hold a referendum on funding transportation projects under the central Indiana public transportation projects statute.

SB 318 Renewable Energy Standards

Renewable energy standards. Requires an electricity supplier to supply a certain percentage of its total electricity supply from renewable energy resources. Establishes the renewable energy resources fund to receive penalties paid by electricity suppliers that fail to supply electricity from renewable energy resources. Continuously appropriates money in the fund. Requires the utility regulatory commission to adopt guidelines to assist electricity suppliers that participated in the voluntary clean energy portfolio standard (CEPS) program in complying with the new renewable energy standards. Repeals IC 8-1-37 (voluntary CEPS program).

SB 319 Resident Tuition for Eligible Individuals

Resident tuition rate for eligible individuals. Provides that an individual, except for certain nonimmigrant aliens, who: (1) attends a high school in Indiana for at least three years; (2) registers as an entering student at or enrolls in a state educational institution not earlier than the fall semester (or its equivalent, as determined by the state educational institution) of the 2015-2016 academic year; and (3) graduates from a high school located in Indiana or receives the equivalent of a high school diploma in Indiana; is eligible for the resident tuition rate beginning in the fall semester of the 2018-2019 academic year. Requires such an individual to verify that the individual meets the criteria to receive the resident tuition rate.

SB 400 Ranked Choice Voting

Ranked choice voting. Permits a municipality to implement ranked choice voting for all of the municipality’s elected offices. Permits a county to implement ranked choice voting for all offices elected in the county. Establishes the procedure for a voter to rank the candidates according to the voter’s choice when there are three or more candidates for election to an office. Establishes the procedures to count the voter’s choices as votes at various stages of tabulating ballots. Makes conforming amendments.

Senator Tallian

 

SB 27 1977 Fund New Unit Credits for Prior Service

1977 fund new unit credits for prior service. 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.)

SB 119 1977 Fund Purchase of Service

1977 fund purchase of service. 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.

SB 140 Maintaining a Common Nuisance

Maintaining a common nuisance. Provides a defense to the crime of maintaining a common nuisance if: (1) the location was not primarily used for specified unlawful acts; (2) the charged offense involves less than a specified quantity of marijuana, hashish, hash oil, or salvia or involves paraphernalia; and (3) the person does not have a prior unrelated conviction for maintaining a common nuisance.

SB 173 Audit Examinations and Disclosure Requirements

Audit examinations and disclosure requirements. Provides that the uniform compliance guidelines for audit examinations of state and local units conducted by the state board of accounts must include a requirement that the unit disclose any pledge, covenant, or agreement that the unit has made as security or guarantor for a private bond issue of a private company. Requires any entity that: (1) is subject to examination or audit by the state board accounts; and (2) has made a pledge, covenant, or agreement as security or guarantor for a private bond issue of a private company; to disclose such fact in the notes of the entity’s financial statements. Provides that, before a political subdivision that is subject to audit by the state board of accounts may issue or guarantee any debt obligation, the fiscal officer of the political subdivision must first prepare a debt capacity analysis report (report) and present the report to the fiscal body of the political subdivision in a public hearing. Requires the state board of accounts, with the assistance of the department of local government finance, to prescribe a standard form report that must be used by a fiscal officer in the presentation. Requires the report to include a determination of the percentage of the political subdivision’s total debt obligations (including guarantees) compared to the political subdivision’s prospective revenue available for debt service.

SB 178 Taking of Sand from the Bed of Lake Michigan

Taking of sand from bed of Lake Michigan. Provides that sand taken from the bed or from under the bed of Lake Michigan pursuant to a permit from the department of natural resources (DNR) may only be deposited on the beach of Lake Michigan and may not be removed to any other place or used for any other purpose. Provides, however, that: (1) if a permittee dredges not more than ten cubic yards of sand from the bed or from under the bed of Lake Michigan within a 30 day period, the permittee is not required to deposit the sand on the beach and may removed it to another place and use it for another purpose; and (2) instead of being deposited on the beach, dredged sand shall be disposed of in a manner consistent with the hazardous waste management law if the director of the DNR determines that the sand contains a toxic material or a substance that is potentially harmful to human health or to the environment.

SB 290 Worker’s Compensation

Worker’s compensation. Establishes a time frame for the payment of compensation under a settlement agreement, a permanent partial impairment agreement, and an award of compensation ordered by a single hearing member of the worker’s compensation board (board). Provides that an employer that fails to make a timely payment is subject to a civil penalty. Requires an employer that has mobile or remote employees to convey information about worker’s compensation coverage to the employer’s employees in an electronic format or in the same manner as the employer conveys other employment related information. Allows the electronic filing of certain documents with the board. Provides that a permanently, totally disabled worker must reapply to the second injury fund for a wage replacement benefit every three years instead of every 150 weeks. Requires the reporting of workplace injuries needing medical attention beyond first aid instead of injuries causing an absence from work for more than one day. Provides that reporting requirements for workplace injuries are intended to be consistent with the recording requirements set out in the United States Occupational Safety and Health Administration’s regulations. Changes from $50 per employee to $100 per day the civil penalty for an employer’s failure to provide proof of worker’s compensation coverage. Revises the definition of employer to include corporations, limited liability companies, limited liability partnerships, and other entities that have common control and ownership. Makes conforming amendments for occupational diseases compensation. Urges the legislative council to assign to an appropriate interim study committee the task of studying increases to the benefit schedules for worker’s compensation and occupational diseases compensation.

SB 304 Voting Hours

Voting hours. Provides that the polls close at 7 p.m. (Under current law, the polls must close at 6 p.m.)

SB 305 Worker Misclassification Issues

Worker misclassification issues. Requires the department of labor (DOL), the department of workforce development (DWD), the department of state revenue (DOR), and the worker’s compensation board (WCB) to share information concerning instances in which a construction contractor paid a worker in cash. Establishes the payroll fraud task force (task force), consisting of the commissioners of the DOL, DWD, and DOR, and the chair of the WCB, or their designees, to investigate suspected instances of payroll fraud, employee misclassification, and violations of other state labor and employment statutes occurring on commercial and industrial construction projects. Requires the DOL to hire and assign to the task force an investigator to conduct the task force’s investigation and enforcement activities. Establishes a nonreverting and annually appropriated payroll fraud task force administrative fund to carry out the administrative purposes and functions of the task force.

SB 306 Possession of Marijuana, Hash Oil, Hashish, or Salvia

Possession of marijuana, hash oil, hashish, or salvia. Provides that a person who knowingly or intentionally possesses more than two ounces of marijuana commits the offense of possession of marijuana. (Current law provides that the offense of possession of marijuana can be for any amount of marijuana.) Repeals the offense of possession of marijuana, hash oil, hashish, or salvia as a Level 6 felony. Makes conforming amendments.

SB 307 Medical Marijuana

Medical marijuana. Establishes a medical marijuana program (program), and permits caregivers and patients who have received a physician recommendation to possess a certain quantity of marijuana for treatment of certain medical conditions. Establishes the department of marijuana enforcement (DOME) as a state agency to oversee the program, and creates the DOME advisory committee to review the effectiveness of the program and to consider recommendations from DOME. Authorizes DOME to grant research licenses to research facilities with a physical presence in Indiana. Repeals the controlled substance excise tax and the marijuana eradication program. Provides that a person commits possession of marijuana only if the person possesses or cultivates more than two ounces of marijuana. Makes conforming amendments.

SB 308 Minimum Wage

Minimum wage. Increases the state minimum wage from $7.25 an hour to $11.31 an hour. Eliminates the tip credit in determining the minimum wage paid to a tipped employee. Makes a technical correction.

SB 309 Family Leave Insurance Program

Family leave insurance program. Requires the department of insurance to establish, not later than January 1, 2019, a family leave insurance program (program) for the purpose of providing benefits to employees who elect to participate in the program. Requires that: (1) the program be voluntary for both employers and employees; (2) both employers and employees make contributions to the program to fund benefits; (3) employee contributions be made by payroll deduction; (4) the benefit eligibility requirements established for the program include, at a minimum, the requirements that qualify an employee for leave under the federal Family and Medical Leave Act; and (5) an employee have the option to select whether the employee’s benefit is equal to 100%, 75%, or 50 % of the employee’s salary and the number of weeks that a benefit will be paid. Requires the department of insurance to develop the program with the assistance of and in coordination with the department of labor. Requires the department of insurance, not later than November 1, 2018, to submit a report to the legislative council and the budget committee concerning the proposed program. Establishes the family leave insurance program trust fund (trust fund) for the purpose of paying program benefits. Transfers and appropriates the balance in the political subdivision risk management fund to the trust fund.

SB 310 Marijuana and Controlled Substances

Marijuana and controlled substances. Excludes from the definitions of: (1) “controlled substance”; (2) “controlled substance analog”; and (3) “marijuana”; certain substances containing less than 0.5% tetrahydrocannabinol. Specifies that “tetrahydrocannabinol”, for purposes of inclusion in schedule I, does not include a compound containing less than 0.5% tetrahydrocannabinol. Removes certain references to hashish and hash oil. Makes conforming amendments.

SB 349 Study of Taxes on Short Term Rentals

Study of taxes on short term rentals. Urges the legislative council to assign to the appropriate interim study committee the task of studying the following: (1) The issue of which entities are required to collect sales tax on short term rentals. (2) The issue of whether local units can impose a local innkeeper’s tax on short term rentals.

SB 373 Pension Supplemental Allowance Reserve Accounts

Pension supplemental allowance reserve accounts. 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 the contribution rate established by the INPERS board for 2019 and each year thereafter to include a surcharge that is paid to the applicable reserve account in an amount not to exceed 1% of the employer’s payroll that is attributable to those employees who are members of PERF, the 1996 TRF account, or EGC. Provi

des 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.)

SB 427 Vote by Mail

Vote by mail. Authorizes a county election board to provide that all municipal primary elections, municipal elections, and special elections for a public question held in the county in odd numbered years be held by all mail voting. Authorizes towns that conduct their own municipal elections to provide that all the town’s municipal primary elections, municipal elections, and special elections for a public question held in the town in odd numbered years be held by all mail voting.

Senator Taylor

 

SB 109 Satellite Voting

Satellite voting. Allows a county election board to adopt a resolution by the majority vote of the board’s entire membership in order to establish satellite locations for early voting. (Currently, a resolution to establish satellite voting locations must be adopted unanimously by the board.)

SB 110 Counting Absentee Ballots

Counting absentee ballots. Repeals the statute that requires Marion County to count absentee ballots at a central location.

SB 111 Prohibited Equipment on Firearms

Prohibited equipment on firearms. Defines the term “multiburst trigger activator”. Creates the crime of “unlawful possession of a multiburst trigger activator”. Provides that the possession or sale of a multiburst trigger activator is a Class A misdemeanor. Provides that the crime of unlawful possession of a multiburst trigger activator is a Level 6 felony if the person has a prior, unrelated conviction for the offense.

SB 271 Bias Crimes

Bias crimes. Requires law enforcement officers to receive training in identifying, responding to, and reporting bias motivated crimes in which the person who committed a criminal offense selected the victim who was injured or whose property was damaged because of the individual’s actual or perceived race, color, creed, disability, national origin, religion, sexual orientation, gender, or gender identity. Allows an individual who suffers a personal injury or property damage because of a criminal offense or delinquent act to bring a civil action to recover damages, including punitive damages, if the person who committed the criminal offense or delinquent act that caused the injury or property damage selected the individual because of the individual’s actual or perceived race, color, creed, disability, national origin, religion, sexual orientation, gender, or gender identity. Establishes a sentencing procedure that requires a court, when sentencing an individual who has committed a crime that is motivated by a bias against another individual’s race, color, creed, disability, national origin, religion, sexual orientation, gender, or gender identity, to impose an additional fixed term of imprisonment not to exceed five years, if the offense is a felony, or three years, if the offense is a misdemeanor.

SB 272 Age for Compulsory School Attendance

Age for compulsory school attendance. Provides that a student is bound by compulsory school attendance requirements from the beginning of the fall school term for the school year in which the student is five years of age on August 1 of that school year. (Current law provides that a student is bound by compulsory school attendance requirements from the beginning of the fall school term for the school year in which the student becomes seven years of age.) Makes conforming amendments.

SB 345 Use of Credit Information for Insurance

Use of credit information in insurance. Prohibits an insurer’s use of credit information in underwriting or rating risks. Repeals obsolete provisions.

SB 346 Sales Tax District for Healthy Food Programs

Sales tax district for healthy food programs. Allows the fiscal body of a county (fiscal body) to adopt an ordinance to impose an additional sales tax in an area designated by the fiscal body as a special food desert district (district). Requires a district designated by a fiscal body to be located in a census tract with low median income and low access to the nearest supermarket as determined by the United States Department of Agriculture in its Food Access Research Atlas. Provides that an additional sales tax applies to retail transactions within the district. Provides that the additional sales tax rate must be imposed in an increment of .25% and may not exceed 1%. Specifies that this additional sales tax is imposed, paid, and collected in the same manner as the state sales tax. Establishes the healthy food and community development financing fund (fund) under the administration of the Indiana housing and community development authority (IHCDA). Requires the amounts received from the additional sales tax to be paid monthly by the treasurer of state to the fund. Requires the IHCDA to: (1) establish an account within the fund for each district designated by a county; (2) deposit money received from the treasurer of state from the tax collected in a district in the district’s account; and (3) expend money from the account only for projects within the district in which the tax revenue is collected. Authorizes the IHCDA to conduct a healthy food and community development financing program (program), in coordination with each county that has designated a district, to provide financing in the form of grants or loans for eligible projects. Provides that the projects eligible for financing may include: (1) healthy food; (2) affordable housing; and (3) community development; projects. Provides that the fiscal body of the county that designated the district may adopt an ordinance to specify the types of eligible projects that may be financed within the district. Provides that the IHCDA may contract with one or more nonprofit organizations or community development financial institutions to administer the program through a public-private partnership. Provides that an applicant for a grant or a loan from the fund must demonstrate the capacity to successfully implement the project and the ability to repay the loan. Specifies that an applicant that is a grocery store must agree to the following: (1) To accept Supplemental Nutrition Assistance Program benefits. (2) To accept Special Supplemental Nutrition Program for Women, Infants, and Children benefits. (3) To promote the hiring of local residents. Specifies the purposes for which financing for a project may be used. Continuously appropriates money in the fund.

SB 347 Bonding Procedures

Bonding procedures. Permits the following political subdivisions to sell bonds at a negotiated sale after June 30, 2018, and before July 1, 2021: (1) A consolidated city. (2) A second class city. (3) A school corporation located in a consolidated city or a second class city. (Current law requires a public sale of bonds.) Provides that this change does not apply to some revenue bonds that are dedicated to a limited purpose. Makes technical corrections.

SB 348 Possession of a Handgun in the Capitol Complex

Possession of a handgun in the capitol complex. Requires a member of: (1) the general assembly; and (2) the professional staff of the general assembly; to receive specific handgun training prior to carrying a handgun within the state capitol building or on the property of the state capitol complex.

SB 437 Tax Credits for Hiring Unemployed Veterans

Tax credit for hiring unemployed veterans. Provides a nonrefundable tax credit to a small business for employing an individual who is receiving unemployment benefits and returning from military service (qualified new employee). Provides that the small business must employ a greater number of full-time employees in Indiana in the taxable year than the small business employed in Indiana, on average, in the small business’s base employment period (normally January 1, 2017, through June 30, 2017). Provides that the employee must be hired full time. Provides that the credit applies only to taxable years beginning in 2018 through 2020. Provides that the credit is $3,000 per qualified new employee, not to exceed $100,000 per small business. Provides that the small business may carry any excess credit over to not more than three subsequent taxable years. Provides that the small business forfeits 50% of the amount of the tax credits attributable to the employment of a qualified new employee, if within 18 months after the qualified new employee was initially hired: (1) the qualified new employee is terminated, laid off, or otherwise reclassified to a position that is not a full-time employment position with the small business; or (2) the position created for the qualified new employee is eliminated.