The IndyBar Legislative Committee is currently monitoring the following government practice-related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at email@example.com.
Click here to view the full Bill Watch reports.
HB1002 CIVIL IMMUNITY RELATED TO COVID-19 (TORR J) Protects health care providers from professional discipline for certain acts or omissions related to the provision of health care services during a state disaster emergency. Provides that the protection applies to the provision of health care services after February 29, 2020, and before April 1, 2022. Provides that a health care provider is not protected from professional discipline if the health care provider's action, omission, decision, or compliance constitutes gross negligence or willful misconduct. Provides that a health care provider is not protected from professional discipline for actions that are outside the skills, education, and training of the health care provider, unless the health care provider's actions are undertaken in good faith and in response to a lack of resources caused by a state disaster emergency. Specifies that orders and recommendations issued by local, state, and federal government agencies and officials during a state disaster emergency do not create new causes of action or new legal duties. Specifies that the orders and recommendations are presumed irrelevant to the issue of the existence of a duty or breach of a duty. Specifies that the orders and recommendations are inadmissible at trial to establish that a new cause of action has been created or proof of a duty or a breach of a duty. Prohibits bringing a civil action against another person based in whole or in part on an allegation that the person's loss, damage, injury, or death was caused by the: (1) exposure to COVID-19; (2) transmission of COVID-19; or (3) contraction of COVID-19; unless the person establishes that the other person caused the loss, damage, injury, or death by an act or omission constituting gross negligence or willful misconduct. Prohibits filing a class action lawsuit against a defendant in a civil action allowed by the statute. Specifies that a governmental entity or employee is not liable if a loss results from an act or omission arising from COVID-19 unless the act or omission constitutes gross negligence or willful misconduct. Provides that a person is not liable to a claimant for loss, damage, injury, or death arising from COVID-19 unless the claimant proves by clear and convincing evidence that the person caused the loss, damage, injury, or death by an act or omission constituting gross negligence or willful misconduct. Provides immunity from civil liability to certain persons, entities, and facilities providing health care services after February 29, 2020, and before April 1, 2022, for certain acts or omissions related to the provision of health care services during a state disaster emergency.
HB1006 LAW ENFORCEMENT OFFICERS (STEUERWALD G) Requires the Indiana law enforcement training board to establish mandatory training in de-escalation as part of the use-of-force curriculum, and requires de-escalation training to be provided as a part of: (1) pre-basic training; (2) mandatory inservice training; and (3) the executive training program. Establishes a procedure to allow the Indiana law enforcement training board to decertify an officer who has committed misconduct. Defines "chokehold" and prohibits the use of a chokehold under certain circumstances. Specifies that a law enforcement officer who turns off a body worn camera with the intent to conceal a criminal act commits a Class A misdemeanor. Requires an agency hiring a law enforcement officer to request the officer's employment record and certain other information from previous employing agencies, requires the previous employing agency to provide certain employment information upon request, and provides immunity for disclosure of the employment records.
HB1030 REMOVAL OF A COUNTY ELECTED OFFICER (AYLESWORTH M) Provides a process for removal of a county's auditor, treasurer, recorder, surveyor, coroner, or assessor (county officer) for failure to be physically present in the county officer's office for at least one work day each month, unless the county officer takes leave provided for by law or personnel policy. Exempts a county officer for being physically absent during any month in which a local disaster emergency declaration is in effect for at least one work day. Provides that the county executive initiates a county officer's removal by adopting a resolution. Provides that the removal is effective upon the county fiscal body adopting an identical resolution by an affirmative vote of at least: (1) 17 members, in the case of the 25 member Marion County fiscal body; (2) seven members, in the case of the nine member St. Joseph County fiscal body; or (3) five members, in the case of the seven member county fiscal body of any other county. Allows a county officer who has been removed from office to petition a court for judicial review.
HB1033 RESIDENCY OF POLICE OFFICERS AND FIREFIGHTERS (FRYE R) Removes the requirement that an individual residing in a county that is noncontiguous to a county in which a city is located live not more than 50 miles from a boundary of the city to be a member of that city's police or fire department.
HB1049 LEGISLATIVE SESSIONS (THOMPSON J) Restates the law regulating legislative sessions and procedures. Establishes a procedure for the general assembly to call itself into session at times not specifically scheduled in statute. (Provides that the statute establishing this procedure expires July 1, 2023.) Provides that a vetoed bill passed at a session of the general assembly must be reconsidered and voted upon as provided in Article 5, Section 14 of the Constitution of the State of Indiana not later than the sine die adjournment of the next regular session that occurs after the session that first passed the bill. Provides that a special session may meet for not more than 40 calendar days following the day upon which the session is convened. (Under current law, a special session can last for not more than 40 calendar days or 30 "session days", which is a concept no longer used by the general assembly.) Repeals the current statute governing legislative sessions and procedures. Changes cross-references to the repealed statute.
HB1051 LEVY CONTROLS (THOMPSON J) Provides that for years after 2021 an assessed value growth quotient is determined individually for each taxing unit. Provides that the assessed value growth quotient for a taxing unit is determined by a formula that is based on: (1) the average growth in the taxing unit's net assessed value; and (2) the average circuit breaker losses experienced by a taxing unit. Eliminates Indiana nonfarm personal income as a factor in computing an assessed value growth quotient.
HB1056 RECORDING REQUIREMENTS (TORR J) Amends the requirements for instruments and conveyances to be recorded. Adds instances in which an instrument is considered validly recorded for purposes of providing constructive notice. Defines certain terms.
HB1060 OFFICE OF ADMINISTRATIVE LAW PROCEEDINGS (STEUERWALD G) Allows a petition for review of an agency administrative action to be filed by mail, personal service, or electronic mail (current law requires a petition for review to be filed by mail or personal service). Provides that the filing of a document in an administrative proceeding is considered complete on the date of the electronic submission if the document is sent by electronic mail. Allows an ultimate authority of an agency to request that the office of administrative law proceedings (office) review a motion to disqualify an administrative law judge. Allows the department of child services to request the office to conduct administrative proceedings on certain administrative actions related to child support and certain substantiated reports of child abuse or neglect. Requires the office to maintain confidentiality in administrative proceedings concerning actions by the department of child services.
HB1065 FIRE PROTECTION TERRITORIES (MAYFIELD P) Provides that the procedure for adopting an ordinance or resolution to establish a fire protection territory (territory) applies to expanding an existing territory. Provides that an ordinance or resolution establishing or expanding a territory must include an agreement as to the disposition of the territory's property when a participating unit withdraws or the territory is dissolved. Specifies that with regard to an ordinance or resolution to establish or expand a territory, the unit must hold three separate public hearings to hear public comment regarding the proposed territory before adoption of the ordinance or resolution, with the last public hearing held not later than 10 days before the ordinance or resolution is adopted. Establishes residency requirements for members of a joint executive board of a territory.
HB1070 POLICE DEPARTMENT BUDGETS (FRYE R) Requires a police department of a county, city, or town (unit) to report crime data to the criminal justice division of the state police department (current law only requires the reporting of crime data if requested by the division). Prohibits a unit from reducing the police department's budget except in one of the following circumstances: (1) A unit that has a shortfall in property tax revenue within the two calendar years preceding the most recent certified budget and decreases the budgets of all of its departments by the same percentage for the ensuing year. (2) A unit's violent crime decreases each year during the five years preceding the current year, for a total decrease in violent crime of at least 20% over the five year period.
HB1096 DEMOLITION OF UNSAFE BUILDINGS (MOED J) Allows a court to order the demolition of all or part of a property as a remedy in a civil action regarding an unsafe premises.
HB1106 FIRE AND EMERGENCY MEDICAL SERVICE LEVY (OLTHOFF J) Authorizes the board of fire trustees (board) of a fire protection district (district) that consists of territory located in west Porter Township in Porter County to adopt a resolution providing that, in addition to any other powers and duties, the district shall establish, operate, and maintain emergency medical services within the territory of the fire protection district. Provides a procedure for the board to obtain an increase of the district's maximum permissible ad valorem property tax levy for fire and emergency medical services if the board adopts such a resolution.
HB1116 PIPING MATERIALS FOR PUBLIC WORKS PROJECTS (MILLER D) Defines "acceptable piping material" as piping material that: (1) meets certain recognized standards; and (2) meets the performance specifications for the public works contract. Provides, for purposes of the law on public works projects of state agencies and political subdivisions, including design-build public works projects, that the specifications or design criteria package must allow bidding in open competition for acquisition of acceptable piping materials for use in the public works project. Provides, however, that a public works project's engineer is not limited in selecting any acceptable piping materials that meet the requirements of the public works project.
HB1121 STATE OF DISASTER EMERGENCIES (LUCAS J) Provides that a state of disaster emergency (emergency) may not continue for longer than: (1) 14 days after the date of the governor's executive order, if the executive order is not renewed; or (2) 28 days after the date of the governor's executive order, if the executive order is renewed for an additional 14 days. Provides that the governor: (1) may renew a state of disaster emergency only once for a period of not more than 14 days if it is based on the same or substantially similar underlying set of facts as the original state of disaster emergency; and (2) shall notify the general assembly at least six days prior to the expiration of the original state of disaster emergency if the governor intends to renew the state of disaster emergency. Provides that the general assembly, by concurrent resolution, may do the following at its discretion when addressing the state of disaster emergency: (1) Extend the state of disaster emergency and state how long the state of disaster emergency will be extended. (2) Approve a new state of disaster emergency if requested by the governor. (3) Limit or expand the scope of the governor's powers. Provides that the governor may not issue a new executive order to circumvent the renewal limitations in the case of a state of disaster emergency based on the same or substantially similar underlying set of facts as the original state of disaster emergency. Provides that if the governor calls for a special session to address a state of disaster emergency, the general assembly shall only consider legislation concerning the same or substantially similar underlying set of facts of the original state of disaster emergency that was declared. Provides that an executive order issued, renewed, or extended shall be made in accordance with the hierarchy of law governing the state of Indiana. Provides that the governor shall not suspend or limit the lawful sale, dispensing, or transportation of any firearms, ammunition, or firearm accessory. Provides that the implementation of certain executive orders does not apply to a violation of offenses related to emergency management and disaster law. Repeals the authority of local health officers to order schools and churches closed and forbid public gatherings when considered necessary by the local health officers to prevent and stop epidemics. Provides that a public health authority may petition a court to impose a quarantine. (Current law allows a public health authority to impose a quarantine without petitioning a court.) Provides that a local health officer or a local or state agency may not close schools, athletic events, and other nonessential situations in which people gather in the event of a quarantine. Makes conforming changes.
HB1167 PROCEEDS OF SALE OF A CAPITAL ASSET (SOLIDAY E) Authorizes a nonprofit foundation established by a county to hold proceeds from the sale of capital assets to include in the foundation's investment policy statement a formal spending policy for: (1) a spending rate of up to 5% multiplied by a five year moving average of quarterly market values with the distributable amount for each year determined on a specified date; or (2) in the case of a foundation that was established less than 10 years ago, an interim spending rate of up to 5% multiplied by a moving average consisting of all available quarterly market values since the date the foundation was established.
HB1169 CYBERSECURITY INCIDENTS (KARICKHOFF M) Provides that the office of technology shall maintain a repository of cybersecurity incidents. Provides that a state agency and a political subdivision shall report any cybersecurity incident to the office without unreasonable delay and not later than two business days after discovery of the cybersecurity incident in a format prescribed by the chief information officer. Allows the office of technology to assist a state agency with certain issues concerning information technology. Provides that if requested by a political subdivision or a state agency, the office may develop a list of third party technology providers that work with the office. Defines
"cybersecurity incident". Makes conforming changes.
HB1178 REVIEW OF ALLOCATIONS OF FEDERAL FUNDING (PORTER G) Provides that the state or a body corporate and politic set up as an instrumentality of the state must submit the proposed terms of a program, agreement, or extension granting, awarding, or otherwise providing federal funds in an amount greater than $100,000,000 to the budget committee for review before entering into the program, agreement, or extension.
HB1196 MEMORIAL PLAQUE PROGRAMS (SAUNDERS T) Establishes the general assembly and governor's office memorial plaque programs. Provides that the clerk of the house of representatives and the secretary of the senate shall create a memorial plaque. Provides that the family of a deceased member of the general assembly may purchase a memorial plaque denoting the member's service. Provides that the governor's office shall create a memorial plaque denoting the service of deceased governors of Indiana. Makes an appropriation.
HB1337 AREA PLANNING SPECIAL EXCEPTIONS AND USES (HOSTETTLER M) Provides that if a municipality or county (unit) participates in an area plan commission, the legislative body (instead of the board of zoning appeals) has the authority to approve or deny petitions for special exceptions or special uses. Requires the board of zoning appeals to make a favorable recommendation, an unfavorable recommendation, or no recommendation on each petition for the consideration of the legislative body. (Current law requires legislative body approval for units participating in the St. Joseph County area plan commission and a Lake County municipality that has an advisory plan commission.)
HB1380 ENVIRONMENTAL NUISANCE ACTIONS (MORRISON A) Specifies that a civil action brought for monetary or injunctive relief due to the discharge of a contaminant in substantial compliance with a permit issued by the United States Environmental Protection Agency (EPA) or the Indiana department of environmental management (IDEM) may be brought only as a nuisance action. Defines "stigma damages" and specifies that in a nuisance action brought in connection with a discharge that substantially complies with an EPA or IDEM permit, the plaintiff: (1) must establish certain damages by clear and convincing evidence; and (2) is not entitled to stigma damages.
HB1381 COMMERCIAL WIND AND SOLAR STANDARDS AND SITING (SOLIDAY E) Establishes default standards concerning the following with respect to developments to install or locate wind power devices in local units: (1) Setback requirements. (2) Height restrictions. (3) Shadow flicker limitations. (4) Sound level limitations. (5) Project decommissioning. Provides that a permit authority for a local unit may not restrict, or impose conditions or limitations on, the construction, installation, siting, modification, operation, or decommissioning of wind power devices in the unit unless the unit first adopts a wind power regulation. Provides that a permit authority may not impose standards that: (1) concern wind power devices in the unit; and (2) are more restrictive than the default standards. Establishes procedures for the permitting or approval process for the siting of wind power devices in a local unit. Sets forth various elements of the required procedures. Establishes default standards concerning the following with respect to projects to install or locate commercial solar energy systems (CSE systems) in a unit: (1) Setback requirements. (2) Height restrictions. (3) Ground cover. (4) Fencing. (5) Cables. (6) Glare. (7) Signal interference. (8) Sound level limitations. (9) Project decommissioning. Provides that a permit authority for a local unit may not restrict, or impose conditions or limitations on, the construction, installation, siting, modification, operation, or decommissioning of CSE systems in the unit unless the unit first adopts a commercial solar regulation. Provides that a permit authority may not impose standards that: (1) concern CSE systems in the unit; and (2) are more restrictive than the default standards. Establishes procedures for the permitting or approval process for the siting of CSE systems in a local unit. Sets forth various elements of the required procedures. Makes conforming amendments to Indiana's home rule statute.
HB1386 ASSESSMENT MATTERS (VANNATTER H) Adds an objective factual error to the list of claims of errors that a taxpayer may raise in an appeal of an assessment. Requires a form requesting an appeal of the Indiana board of tax review to include a line for a petitioner to state that the action is based on a correction of objective factual error appeal. Provides that the county assessor or township assessor making the assessment has the burden of proof in an appeal concerning the correction of an objective factual error in an appeal before the Indiana board of tax review.
HB1387 PROHIBITED EXPENDITURES AND INVESTMENTS (JUDY C) Prohibits: (1) the use of public funds to subsidize or otherwise incentivize direct flights from international and regional airports in Indiana to or from China; (2) the Indiana public retirement system from investing in Chinese companies; and (3) the Indiana economic development corporation from maintaining a foreign office in China.
HB1401 ALLEN COUNTY AND EVANSVILLE PSCDA (HEINE D) Adds the facilities at the Turnstone Center for Children and Adults with Disabilities, Inc. (Turnstone Center) to the Allen County professional sports and convention development area (PSCDA). Increases the maximum amount of covered taxes that may be captured in the Allen County PSCDA from $3,000,000 to $5,000,000. Provides for distribution of the covered taxes allocated from the Allen County PSCDA between the Allen County War Memorial Coliseum, the Turnstone Center, and the Allen County-Fort Wayne capital improvement board. Requires the Turnstone Center and the Allen County-Fort Wayne capital improvement board to enter into an agreement specifying the purposes for which the funds must be used. Requires the Turnstone Center to repay any amounts that are not used as provided in the agreement. Provides that not more than 40% of the funds allocated may be used for paying usual and customary operating expenses with respect to a capital improvement. Adds the downtown convention center hotel to the Evansville PSCDA.
HB1403 SCHOOL CORPORATION REFERENDA (PACK R) Repeals provisions that provide: (1) that a school corporation may distribute money that is received as part of a referendum tax levy to a charter school that is located in the attendance area of the school corporation; and (2) that the resolution adopted by a school corporation to place a referendum on the ballot must indicate whether proceeds collected from the tax levy will be used to provide a distribution to a charter school, as well as the amount that will be distributed.
HB1404 WATER SERVICE DISCONNECTIONS (PACK R) Provides that a water or sewer utility: (1) may not discontinue water service or sewage disposal service at the residence of a customer at which an unemancipated minor less than 18 years of age resides; and (2) must provide the customer an opportunity to enter into a reasonable amortization agreement to pay any delinquent balance on the customer's account.
HB1412 STATE OF DISASTER EMERGENCIES (ELLINGTON J) Provides that the governor shall not limit the operation of a business, industry, or religious organization as long as the business, industry, or religious organization is following standard safety procedures and guidelines when making, amending, and rescinding the necessary orders, rules, and regulations in the event of a disaster or emergency beyond local control. Provides that: (1) the initial state of disaster emergency may not continue longer than 30 days following the initial date of the declaration; and (2) a state of disaster emergency may not be renewed or extended by the governor without the approval of the general assembly. Provides that if the governor calls a special session, the special session shall be limited only to consideration of the purpose for which the initial state of disaster emergency was declared. Provides that if a local emergency is declared, a political subdivision may not limit the operation of a business, industry, or religious organization as long as the business, industry, or religious organization is following standard safety procedures and guidelines. Provides that an emergency order or emergency action longer than seven days that is issued by a county health officer or municipal health officer must be approved by the executive of a unit that has an established health department. Provides that any extensions of an emergency order or emergency action issued by a county health officer or a municipal health officer must be approved by the executive of a unit every 30 days. Repeals the provision giving local health officers the authority to order churches closed when considered necessary by the local health officers to prevent and stop epidemics. Provides that a public health authority shall not limit the operation of a business, industry, or religious organization in the event of a quarantine as long as the business, industry, or religious organization is following standard safety procedures and guidelines. Makes conforming changes.
HB1420 AGRICULTURAL EMERGENCY PROCEDURES (LEHE D) Amends the powers of the board of animal health (board) to allow cooperation with animal owners and law enforcement to plan for, prepare for, respond to, and recover from all hazardous emergencies in Indiana. Allows the board to delegate the duty to adopt emergency rules to the state veterinarian. Amends the board's emergency powers to take certain actions if an emergency event has occurred or a disease or pest in animal products presents a health hazard. Allows the board to issue emergency orders. Allows the board to facilitate the prompt disposal of animals in an emergency event. Provides that an animal may be buried on the owner's premises according to standards approved by the board. Allows the board to adopt rules restricting animal disposal methods in order to control disease and pests in animals and chemical or radiological substances. Allows for service of notice in administrative hearings. Amends the authorization to use electrocution under the criminal statutes concerning offenses against animals.
HB1422 PROPERTY TAX INCREASE LIMITS (SMALTZ B) Provides that for each calendar year beginning after December 31, 2021, an annual adjustment of the assessed value of certain real property must not exceed the lesser of: (1) an amount equal to the percentage change in the consumer price index for the prior calendar year; or (2) an amount equal to 3% over the assessed value of the real property for the prior tax year. Provides that the limitation does not apply if the assessment is based on substantial renovations or new improvements, a change of ownership, or uses that were not considered in the assessment for the prior tax year. Provides that the assessed value of substantial renovations or new improvements to a property as the result of a disaster may not increase the assessed value of the property, with certain restrictions. Provides that if a taxpayer presents an appraisal to the county property tax assessment board of appeals (county board) that is prepared by a certified appraiser in compliance with the Uniform Standards of Professional Appraisal Practice, the appraisal is presumed to be correct. Provides that if the county board disagrees with the taxpayer's appraisal, the county board may seek review of the appraisal by a third party independent certified appraiser.
HB1427 POLICE DEPARTMENT ADMINISTRATION (SPEEDY M) Provides that the chief of a city police department or town board of metropolitan police commissioners has the sole authority to make general or special orders to the police department establishing the department's procedures and policies, including use of force policy. Provides that the city or town may not prohibit or restrict a member of the police department from using a force option consistent with the standards and training regarding the lawful use of force adopted by the law enforcement training board. Provides that the law enforcement training board may establish standards for training programs that, if not adhered to, constitute grounds for decertifying the program.
HB1432 POLITICAL SUBDIVISION RISK MANAGEMENT (LEHMAN M) Requires the Indiana Public Employers' Plan, Inc. (IPEP), which was established as a domestic nonprofit corporation, to apply for a certificate of authority to transact business as a domestic tax exempt reciprocal insurance company. Provides that, when IPEP receives the certificate of authority and begins to transact business as a domestic tax exempt reciprocal insurance company, all powers, duties, agreements, and liabilities that IPEP had as a domestic nonprofit corporation are transferred to the domestic tax exempt reciprocal insurance company as the successor entity. Repeals and strikes provisions under which mutual insurance associations and reciprocal associations formed and operating for the writing of worker's compensation insurance are exempt from certain laws.
HB1437 ELECTRONIC COMMUNICATION AT PUBLIC MEETINGS (COOK A) Allows, with certain exceptions, a governing body of a political subdivision (except for an airport authority or a local department of aviation) to allow its members to participate in a meeting of the governing body by any means of electronic communication if: (1) the public agency adopts a written policy establishing the procedures for electronic participation; and (2) the means of communication permits simultaneous communication between the members and allows the public to attend and observe the meeting. Provides that a member participating by electronic communication is considered present at the meeting for quorum purposes and may participate in any final action taken at the meeting only if the member can be seen and heard. Provides that if a statute requires a manual signature for attesting or authenticating an obligation issued by certain state and local public entities, an electronic signature has the same force and effect as a manual signature. Adds provisions applicable to state and local public agencies when a state or local disaster emergency is declared. Makes stylistic changes.
HB1440 RESETTLEMENT OF REFUGEES (DELANEY E) Provides that, after January 21, 2021, the office of community and rural affairs (office) may use money in the rural economic development fund to provide grants for use by a nonprofit organization in assisting one or more refugees in relocating to an Indiana county that has provided notice to the office of the county's willingness to accommodate refugees. Provides for distribution of 90% of a grant to the nonprofit organization that applies for the grant, and 10% of the grant to the county specified in the grant application as the county that will accommodate the refugee or refugees.
SB9 INDIANA PASSENGER RAIL COMMISSION (KRUSE D) Establishes the Indiana passenger rail commission to do the following: (1) Facilitate development and implementation of improvements to intercity passenger rail service in Indiana and the Midwest. (2) Coordinate interaction among federal, state, and local elected officials relating to passenger rail issues. (3) Facilitate development and implementation of long range plans for modern passenger rail service in Indiana and the Midwest. (4) Coordinate public and private sectors at the federal, state, and local levels to ensure cooperation among the various entities having an interest in passenger rail service and promote Indiana interests regarding passenger rail service. (5) Facilitate the efforts of the Indiana department of transportation and other transportation agencies involved in developing and implementing passenger rail service in Indiana and the Midwest.
SB31 ELECTION OF LAKE COUNTY SUPERIOR COURT JUDGES (RANDOLPH L) Provides that the superior court judges of Lake County are elected as are other superior court judges. Provides that the change to the election of a judge does not occur until the general election that occurs immediately before the expiration of the term of a judge sitting on the court under current law. Repeals superseded provisions.
SB34 UNLAWFUL ASSEMBLY (TOMES J) Provides that a person convicted of rioting is not eligible: (1) for employment by the state or a local unit of government; and (2) to receive certain state and local benefits. Removes immunity under the Indiana tort claims act for the failure to enforce a law if the failure to enforce the law: (1) occurs in connection with an unlawful assembly; and (2) constitutes gross negligence. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person who is a member of an unlawful assembly. Prohibits a person from being released on bail without a hearing in open court, establishes a rebuttable presumption that money bail shall be required, and requires a court to consider whether bail conditions more stringent than the local guidelines should be imposed. Adds enhanced penalties to the crimes of: (1) rioting; (2) obstruction of traffic; (3) criminal mischief; and (4) disorderly conduct. Adds a sentence enhancement to battery committed by a member of an unlawful assembly. Defines "defunding law enforcement" and allows a person to bring an action to enjoin a local unit from defunding law enforcement.
SB35 STATUTES APPLICABLE TO LAKE AND ST. JOSEPH COUNTIES (HOUCHIN E) Adds references to Lake County and St. Joseph County that were removed in P.L.278-2019. Makes conforming amendments.
SB38 ADVERSE POSSESSION STATUTE OF LIMITATIONS (DORIOT B) Amends the statute concerning the statute of limitations for actions for the recovery of the possession of real estate to provide that such an action that: (1) involves a line located and established by a professional surveyor; and (2) accrues before the lines are located and established by the surveyor; must be commenced before the expiration of the appeal period set forth in the statute governing county surveyors. Amends the provision concerning the establishment of property lines by means of a legal survey to specify that the lines established are binding on all affected landowners, including a landowner who claims title under a claim of adverse possession. Provides that certain information must be contained in a notice of survey sent to adjoining landowners, and that a legible copy of the plat of the legal survey must be enclosed with the notice.
SB42 LOCAL GOVERNMENT BUDGETS (BOHACEK M) Provides that a local government unit may not reduce its annual budget for public safety, police, or fire services for a fiscal year by an amount in excess of the levy reduction by the unit for the fiscal year unless the unit is subject to a revenue shortfall for the fiscal year.
SB80 CODE PUBLICATION BILL (YOUNG M) Makes Indiana Code publication amendments. (The introduced version of this bill was prepared by the code revision commission.)
SB94 PENSION MATTERS (BOOTS P) Provides that the Indiana public retirement system (INPRS) shall pay the governors' retirement and surviving spouse pensions from the public employees' retirement fund (PERF). (Current law makes the auditor of state responsible for the payments.) Changes the definition of "retired participant" in the retirement medical benefits account statute to require only that the participant be eligible to receive a normal, unreduced retirement or disability benefit. Eliminates the requirement that INPRS shall make an actuarial valuation of the assets and liabilities of the retiree health benefit trust fund at least every two years and instead requires INPRS each year to report the assets and liabilities of the retiree health benefit trust fund and make recommendations for employer contribution amounts. Provides that if an individual becomes a participant in the public employees' defined contribution plan with respect to the individual's service as a volunteer firefighter, the individual's service as a volunteer firefighter is disregarded in determining the individual's "years of participation" in the plan for other covered employment. Provides that interest shall be credited to the account of each participant in the prosecuting attorneys' retirement fund at least annually. Specifies the repayment conditions that apply if a participant of the judges' retirement system or a fund member of the 1977 police officers' and firefighters' pension and disability fund withdraws from the respective fund and again becomes a participant or member of the respective fund at a later date. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)
SB118 VEHICLE BILL (TAYLOR G) None
SB126 WORKER CLASSIFICATION AND ACCOUNTABILITY (BOHACEK M) Establishes a presumption that individuals providing labor for certain government supported projects are employees. Specifies that the general contractor for these projects is jointly liable with any subcontractor or professional employer organization for penalties and unpaid taxes or deposits with a governmental entity resulting from failure to comply with any law, regulation, ordinance, or contract provision requiring licensing, bonding, insurance or self-insurance, or misclassification of an employee as an independent contractor. Provides a procedure for an interested person to initiate an investigation of a violation.
SB130 RENAMING CITIES (SANDLIN J) Provides that the statute that permits a city to change its name does not apply to a city if the city is named in the Constitution of the State of Indiana or in the Indiana Code.
SB140 PENSION INVESTMENTS IN AMERICAN ADVERSARIES (ZAY A) Requires the board of trustees of the Indiana public retirement system to divest investments in entities and investment products that the federal government has determined to be a Communist Chinese military company or otherwise pose a significant risk of being or becoming involved in activities contrary to the national security or foreign policy interests of the United States. Requires the system to provide an audited statement of compliance with this requirement.
SB141 CENTRAL INDIANA PUBLIC TRANSPORTATION PROJECTS (FREEMAN A) Requires the budget agency to withhold local income tax revenue from an eligible county if the eligible county fails to raise certain revenues for a public transportation project. (Current law requires eligible counties to raise: (1) 10% of the annual operating expenses of the project from sources other than taxes and fares; and (2) 25% of the annual operating expenses of the project from fares and charges.) Specifies that the amount of local income taxes withheld from an eligible county may not diminish the amount of money distributed to the eligible county for deposit in the eligible county's public transportation fund below the amount required to pay its debt service obligations for bonds issued for purposes of a public transportation project. Prohibits Marion County from creating additional IndyGo bus rapid transit lines if the revenue requirements are not met.
SB168 INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT (SANDLIN J) Provides that effective January 1, 2023, the Indianapolis metropolitan police department (police department) is administered by a five member state board of police commissioners (board) consisting of: (1) four members appointed by the governor; and (2) the mayor of the consolidated city. Provides that the board's powers include: (1) exercising the power, authority, and responsibility of the executive and legislative body of the consolidated city to adopt, amend, and enforce ordinances, resolutions, and rules relating to the administration of the police department; (2) serving as the merit board for the police department; and (3) appointing a police chief for the department who is responsible only to the board. Provides that the legislative body of the police special service district retains the power to modify and approve the police department's budget.
SB172 HOUSING AUTHORITY COMMISSIONER COMPENSATION (RANDOLPH L) Increases the per diem paid to a commissioner of a housing authority from $25 to $100.
SB179 COUNTY COMMISSIONER DISTRICTS (GASKILL M) Requires all county commissioner districts to contain, as nearly as possible, equal population and compact boundaries (currently, equal population and compactness requirements apply to only Lake County and St. Joseph County). Specifies ordinance requirements for the division of the county districts and specifies severability of the ordinance.
SB183 NATIVE AMERICAN INDIAN AFFAIRS COMMISSION (WALKER G) Changes the membership requirements for members of the Native American Indian affairs commission as follows: (1) Specifies that eight, rather than six, members must be Native American Indians from different geographic regions of Indiana. (2) Removes the requirement that two members must be Native American Indians who have knowledge in Native American traditions and spiritual issues. (3) Replaces the commissioner of the commission for higher education or the commissioner's designee as an ex officio member with the director of the department of child services or the director's designee. (4) Provides that not more than two members of the commission may represent the same tribe or organization. (Current law limits a particular tribe or organization to one member.)
SB188 REVISED UNIFORM UNCLAIMED PROPERTY ACT (KOCH E) Repeals the unclaimed property act and replaces it with the revised unclaimed property act. Makes conforming amendments.
SB189 WHITE RIVER STATE PARK DEVELOPMENT COMMISSION (TAYLOR G) Provides that interviews and negotiations with industrial or commercial prospects or agents of industrial or commercial prospects by the Indiana White River state park development commission (commission) may be held in executive session. Provides that records relating to negotiations between the commission and industrial, research, or commercial prospects are exempt from public disclosure at the discretion of the commission. Provides that records relating to negotiations between the commission and industrial, research, or commercial prospects are available for public inspection after the negotiations between the commission and prospect have terminated. Provides that the governor shall designate officers to the commission. Provides that the governor shall appoint an executive director to the commission, who shall serve as the administrative officer for the commission, which includes supervising employees and staff members of the commission. Provides that the commission may delegate powers to the executive director.
SB208 RIGHT-OF-WAY AND THOROUGHFARES (DORIOT B) Prohibits a county from increasing the apparent right-of-way for a county highway by requiring a dedication of additional right-of-way as part of a subdivision plat, and requires the county to acquire additional right-of-way through eminent domain. Prohibits a unit of local government from establishing or expanding a thoroughfare by requiring the dedication of private property as part of a subdivision plat, and requires the unit of local government to acquire private property for the establishment or expansion of a thoroughfare through eminent domain. Prohibits a county and a unit of local government from imposing an additional fee on applicants that file subdivision plats in which the county or unit of local government must proceed with eminent domain.
SB226 FIRE MARSHALS AND FIRE INVESTIGATORS (FORD J) Provides that a person employed as a fire marshal or fire investigator by a political subdivision is: (1) recognized as an Indiana first responder; (2) eligible for a line of duty death benefit from the state special death benefit fund; and (3) for purposes of disability benefit eligibility in the 1977 fund and 1937 fund, presumed to have incurred a disability in the line of duty if diagnosed with a disease related to exposure to a known carcinogen or an adverse substance or condition.
SB236 LAND BANKS (LANANE T) Permits a county to adopt an ordinance imposing a $7 fee for each document recorded on a tract located in the territory of a land bank, and requires the county treasurer to distribute the entire amount collected for the fee to the land bank on a quarterly basis. Provides that for five years after a tract is purchased from a land bank, 50% of the amount of property taxes paid on the tract must be transferred to the land bank. Requires a county executive to provide a land bank in the county with a list of tracts located in the territory of the land bank that: (1) are delinquent on property taxes; and (2) have been offered for public sale at least two times and remain unsold; on an annual basis, and requires the county executive to transfer its interest in a tract on the list to a land bank if requested by the land bank not later than 90 days after it receives the list.
SB317 PROHIBITED PENSION SYSTEM INVESTMENTS (GARTEN C) Prohibits the Indiana public retirement system from investing in companies controlled by the People's Republic of China or the Chinese Communist Party.
SB381 TIPPECANOE COUNTY INNKEEPER'S TAX (BUCHANAN B) Changes the distribution of tax revenue in the Tippecanoe County innkeeper's tax fund (fund) so that 30% of the money in the fund is distributed to the county council to be appropriated for tourism and development purposes. Provides that the Indiana finance authority shall issue bonds for land acquisition at Prophetstown State Park, subject to the request of the department of natural resources and review of the budget committee.
SB382 ENTREPRENEUR AND ENTERPRISE DISTRICT PILOT PROGRAM (BUCHANAN B) Extends the duration of the entrepreneur and enterprise district pilot program until the later of: (1) five years after the date on which it is designated as a district; or (2) December 31, 2024. (Currently, the program is set to expire in 2022.)
SB384 ALLEN COUNTY AND EVANSVILLE PSCDA (HOLDMAN T) Increases the maximum amount of covered taxes that may be captured in the Allen County PSCDA from $3,000,000 to $4,000,000. Provides for distribution of the covered taxes as follows: (1) The first $2,600,000 to the Allen County War Memorial Coliseum. (2) The next $400,000 to the Allen County-Fort Wayne capital improvement board. (3) The remaining amount to the Allen County War Memorial Coliseum. Specifies the termination date of the Allen County PSCDA. Adds the downtown convention center hotel to the Evansville PSCDA. Provides that not more than 40% of the funds allocated may be used for paying usual and customary operating expenses with respect to a capital improvement.
SB386 COST SECURITIZATION FOR ELECTRIC UTILITY ASSETS (KOCH E) Provides that an electric utility that has certain qualified costs that: (1) are associated with an electric generation facility that will be retired from service within 24 months; and (2) are equal to at least 5% of the electric utility's total electric base rate; may file a petition with the utility regulatory commission (IURC) for a financing order authorizing the securitization of the qualified costs. For purpose of these provisions, defines an "electric utility" as a public utility that: (1) owns or operates any electric generation facility in Indiana for the provision of electric utility service to Indiana customers; (2) is under the jurisdiction of the IURC; and (3) has a total of not more than 200,000 retail customers. Provides that not later than 120 days after a petition for a financing order is filed, the IURC shall conduct a hearing and issue an order on the petition. Provides that if the IURC makes certain findings with respect to the petition, the IURC shall issue a financing order that authorizes: (1) the issuance of securitization bonds with a term of not more than 15 years; (2) the collection of securitization charges from the electric utility's customers; and (3) the encumbrance of the resulting securitization property with a lien and security interest. Provides that qualified costs authorized in the IURC's financing order shall be allocated to the electric utility's customer classes using the same cost allocation methodology approved by the IURC in the electric utility's most recent base rate case, subject to certain exceptions. Provides that a financing order issued by the IURC under these provisions must include a mechanism: (1) requiring that securitization charges be reviewed and adjusted by the IURC at least annually; and (2) allowing an electric utility, on its own initiative, to apply to the IURC at any time during a calendar year for an adjustment of its securitization charges, as the electric utility determines to be necessary to: (A) correct any over collections or under collections of securitization charges; and (B) ensure the recovery of amounts sufficient to timely make all payments of debt service in connection with the securitization bonds. Sets forth provisions concerning the encumbrance of securitization property with a lien and security interest, including provisions concerning: (1) the attachment and perfection; and (2) the priority; of a security interest in securitization property. Specifies that securitization bonds are not: (1) a debt or obligation of the state; or (2) a charge on the state's full faith and credit or on the state's taxing power. Pledges that the state will not: (1) take or permit any action that would impair the value of securitization property; or (2) reduce, alter, or impair related securitization charges; until certain obligations in connection with the related securitization bonds have been paid or performed in full. Requires the IURC to adopt rules to implement these provisions. Urges the legislative council to assign to the interim study committee on energy, utilities, and telecommunications (committee) the task of studying during the 2022 legislative interim: (1) the implementation; and (2) use by electric utilities; of the bill's provisions concerning the securitization of costs for retired electric utility assets. Provides that if the committee is assigned to study this topic, the committee: (1) shall consider available data and other information concerning participating electric utilities that have been issued a financing order by the IURC under the bill's provisions; (2) may request this data and information from certain parties; and (3) shall, not later than November 1, 2022, submit to the legislative council a report setting forth the committee's findings and recommendations, including the committee's recommendations as to whether to allow, under the bill's provisions, additional electricity suppliers to securitize costs associated with retired electric utility assets.
SB387 COLLECTIVE BARGAINING OF LAW ENFORCEMENT OFFICERS (TAYLOR G) Requires a county, city, or town (unit) that executes a collective bargaining agreement after June 30, 2021, regarding the unit's police employees, to do the following before executing the agreement: (1) Discuss the proposed agreement at a public meeting. (2) Publish the meeting notice and post the proposed agreement on the unit's Internet web site not later than 10 days before the public meeting.
SB389 REPEALS STATE REGULATED WETLANDS LAW (GARTEN C) Repeals the law requiring a permit from the department of environmental management for wetland activity in a state regulated wetland. Makes corresponding changes to eliminate references to that law. States that the repeal of that law is not intended to affect: (1) the regulation in Indiana under the federal Clean Water Act of the discharge of dredged or fill material into waters of the United States; or (2) the authorization of the state of Indiana to administer the National Pollutant Discharge Elimination System permit program.
SB390 WAGERING TAX DISTRIBUTIONS (GARTEN C) Provides that the auditor of state shall distribute certain tax revenue deposited in the state gaming fund to certain cities and counties in Ohio County.
SB392 MARION COUNTY ZONING AND ROAD FUNDS (YOUNG M) Provides that an excluded city in Marion County may use 100% of the distributions from the motor vehicle highway account for various road and street projects. (Currently the law provides that a municipality must use at least 50% of the distribution for municipal highway projects). Provides that with regard to Marion County planning and zoning, the legislative body and the board of zoning appeals of: (1) Lawrence, Speedway, Southport, or Beech Grove (excluded city) has exclusive territorial authority within the excluded city; (2) a township (excluding Center Township) has exclusive territorial authority within the area of the township located outside an excluded city; and (3) the city of Indianapolis, has exclusive territorial authority within the boundaries of Center Township.
SB394 POLICE DEPARTMENT ADMINISTRATION (FREEMAN A) Provides that the chief of a city police department or town board of metropolitan police commissioners has the sole authority to make general or special orders to the police department establishing the department's procedures and policies, including use of force policy. Provides that the city or town may not prohibit or restrict a member of the police department from using a force option consistent with the standards and training regarding the lawful use of force adopted by the law enforcement training board. Provides that the law enforcement training board may establish standards for training programs that, if not adhered to, constitute grounds for decertifying the program.
SB397 REPORTING OF STRANDED ELECTRIC UTILITY COSTS (BOOTS P) Requires a cooperatively owned power supplier to submit an annual report to the utility regulatory commission (IURC) concerning the cooperatively owned power supplier's stranded costs with respect to the calendar year to which the report pertains. Defines a "cooperatively owned power supplier" as: (1) a general district corporation within the meaning of the rural electric membership corporation act (act); or (2) a nonprofit organization whose membership includes one or more corporations organized under the act. Provides that a cooperatively owned power supplier's stranded costs for a calendar year include both of the following, as applicable: (1) The difference between: (A) the forecasted costs with respect to the cooperatively owned power supplier's supply side portfolio; minus (B) the forecasted market value with respect to the cooperatively owned power supplier's supply side portfolio; for the calendar year. (2) The cooperatively owned power supplier's forecast of the amount of harm, measured as a shifting of costs among member corporations, resulting from any reduced load with respect to the calendar year. Provides that in the required report to the IURC, a cooperatively owned power supplier must provide an explanation of the reasons for any difference in amounts reported for these two elements of stranded costs. Subject to certain protections for confidential or proprietary business information, requires: (1) a cooperatively owned power supplier to: (A) make a copy of each annual report available for inspection and copying at its offices; (B) post each annual report on the cooperatively owned power supplier's Internet web site, if any; and (C) maintain each annual report in an electronic format for a period of at least five years; and (2) the IURC to post on its Internet web site each annual report received. Provides that these provisions apply to a cooperatively owned power supplier regardless of whether: (1) the cooperatively owned power supplier; or (2) any member of the cooperatively owned power supplier; has withdrawn from the jurisdiction of the IURC, as allowed under the act. Requires the IURC to adopt rules to implement these provisions.
SB398 VARIOUS ELECTIONS MATTERS (WALKER G) Requires the election division (instead of the Indiana election commission) to prescribe a uniform generic seal for use on certain ballots when the circuit court clerk is a candidate on the ballot. Allows a person who is 16 or 17 years of age to serve as a precinct election officer without the written approval of the school principal if school is not in session on election day. Requires certification by the county chairman of a candidate in a political party primary or town convention if the candidate cast a nonpartisan ballot at the most recent primary election in which the candidate voted. Updates municipal primary dates. Prohibits the printing of an independent or political party device on a ballot under specified circumstances. Specifies ballot placement of names when there are both at-large and district candidates in an election district. Specifies the manner in which a voter with print disabilities may request certain applications. Specifies that absent uniformed services voters or overseas voters are entitled to vote by mail using a combined form. Requires the secretary of state to develop a system that complies with the Web Content Guidelines for accessibility. Requires counties to mail absentee ballots by nonforwardable mail. Specifies the list of household family members who may assist a voter in voting absentee. Prohibits a ballot label including a straight party ticket option in specified circumstances. Requires a county to compare signatures upon receipt of an absentee ballot and specifies the procedure. Sets forth a procedure if a county election board does not unanimously determine that an absentee ballot signature is genuine. States that the position of an absentee ballot counter or a provisional ballot counter is not a lucrative office for purposes of the Constitution of the State of Indiana. Allows a member of the Indiana state recount commission to appoint a proxy. Specifies the deadline for filling a candidate vacancy. Prohibits counting a ballot that is deposited in a drop box or container that is not under the physical control and supervision of the county election board. Allows a county election board by unanimous vote to authorize an absentee voter board to visit a voter to complete an absentee ballot application and provide the voter with an absentee ballot. Sets forth the process for a replacement ballot. Extends the time in which an absentee ballot must be received on election day from noon to 6 p.m. if the county uses electronic poll books or is a vote center county. (Current law for counties using a paper poll list is noon for the receipt of an absentee ballot.) Removes the requirement that a county election board adopt a resolution concerning the processing of absentee ballots. Allows all counties to open absentee ballot envelopes by machine (current law only allows for Marion County to use a machine to open ballots). Establishes procedures and forms for the curing of mismatched signatures involving an absentee ballot and unsigned absentee ballots. Allows an individual who is not a voter to serve as an absentee board member. Provides for a Level 6 felony for inducing or procuring another person to vote or refrain from voting for or against a candidate or public question at: (1) a caucus; or (2) the appointment of a candidate by a political party chairman or central committee officer; by giving, offering, or promising a person money or other property. Changes the deadline for certification of a question on a referendum from 60 days to 74 days. Repeals language concerning absentee ballots (moving some language to central voting statutes) and repeals certain absentee voter boards. Makes technical corrections.
SB400 STATEWIDE ELECTRONIC LIEN AND TITLE SYSTEM (GARTEN C) Requires the bureau of motor vehicles (bureau) to implement a statewide electronic lien and title system (system) to process: (1) vehicle titles; (2) certificate of title data in which a lien is notated; and (3) the notification, maintenance, and release of security interests in vehicles; through electronic means instead of paper documents. Provides that the bureau may: (1) contract with one or more qualified vendors to develop and implement a system; or (2) develop an interface to provide qualified electronic lien service providers secure access to data to facilitate the creation of a system. Sets forth certain requirements that apply if the bureau elects to implement the system through a qualified vendor versus through qualified electronic lien service providers. Specifies that a contract entered into between the bureau and: (1) a qualified vendor; or (2) a qualified electronic lien service provider; may not provide for any costs or charges payable by the bureau to the qualified vendor or the qualified electronic lien service provider. Sets forth dates by which the bureau must implement and allow or require the use of: (1) a statewide electronic lien system; and (2) a statewide electronic title system. Sets forth certain conditions that apply to the use of a statewide electronic lien system implemented by the bureau under these provisions. Authorizes the bureau to adopt rules, including emergency rules, to implement these provisions.
SB401 CONSERVANCY DISTRICTS PROVIDING SEWER SERVICE (GARTEN C) Provides that a tract of land may be removed from a conservancy district if: (1) the conservancy district was established for sewage collection purposes; (2) the tract of land is located partly or completely within the boundaries of the conservancy district; (3) no structure on the tract of land is served by the conservancy district's sewage service; and (4) the tract of land has been annexed by a municipality that will provide sewer service to the tract of land. Specifies that the setting or changing of the rates and charges for sewer service provided by a conservancy district must include a public hearing with notice, the right of property owners to file a written petition objecting to the rates and charges, and a possible hearing and decision by the circuit or superior court on the objectors' petition. Requires the board of a conservancy district established for sewage system purposes to discontinue the collection of any special benefits tax after construction of the sewage system is completed and becomes operational. Provides that if: (1) a conservancy district is established for sewage system purposes; (2) a tract of land is located partly inside and partly outside the boundaries of the conservancy district; and (3) no structure on the tract of land is connected to the conservancy district's sewage service; the tract of land and all improvements located on the tract of land are exempt from the special benefits tax that may be imposed by the conservancy district.
SB402 VARIOUS ELECTIONS MATTERS (FORD J) Provides that the polls close at 7 p.m. (Under current law, the polls must close at 6 p.m.) Provides that an application to obtain or renew a motor vehicle driver's license or permit or an identification card serves as a voter registration application unless the applicant expressly declines on the application to register to vote. Provides that a voter becomes registered to vote when: (1) the county voter registration office determines the voter appears to be eligible to vote at the address on the voter's voter registration application; and (2) the voter receives notice of this determination. Requires a county voter registration office to note that a voter is in inactive status if the notice of voter registration is returned by the United States Postal Service due to an unknown or insufficient address. Eliminates the seven day period during which a voter's voter registration application is considered pending. Permits a voter 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. Permits a voter who is qualified to vote in person to vote by absentee ballot. Removes all other qualifications for a voter to vote by absentee ballot except for a voter with disabilities who is unable to make a voting mark on the ballot or sign the absentee ballot secrecy envelope. (Such a disabled voter is currently required to vote before an absentee voter board.) Requires each absentee ballot mailed to a voter to be assigned a unique tracking number as prescribed by the election division using IMb Tracing. Requires the election division to incorporate a feature in the computerized list that enables county election officials and a voter to use IMb Tracing to track the voter's absentee ballot from the time the absentee ballot was mailed to the voter until the time the absentee ballot was received by the county election officials. Permits a county election board to authorize nonpartisan election observers for educational purposes to be present at the polls. Permits a county election board to authorize a public health safety officer to be present at the polls to monitor the public health. Requires each county to establish one satellite office for absentee voting in addition to absentee voting provided in the circuit court clerk's office. Requires each county to establish an additional satellite office for each 25,000 or fraction of 25,000 active voters in the county. Requires that in a township with at least 25,000 active voters, a satellite office must be established for each 25,000 active voters in the township. Provides that a voter may return a completed absentee ballot sealed in an absentee ballot envelope to the county election board by depositing the absentee ballot envelope in an absentee ballot drop box. Provides that absentee ballots may be scanned, but not tabulated, before election day. Provides that a person who knowingly does any electioneering in an area within 100 feet of an absentee ballot drop box commits a Class A misdemeanor. Repeals a provision that requires the rejection of an absentee ballot marked and forwarded by a voter who subsequently dies before election day. Repeals obsolete statutes relating to counting absentee ballots in precincts. Makes conforming changes.
SB406 COMMUNITY DEVELOPMENT FUND (QADDOURA F) Establishes the Indiana local projects fund (fund) to provide grants to nonprofit organizations and units of local government. Provides that the Indiana economic development corporation (corporation) shall administer the fund. Defines "nonprofit organization" as a nonprofit organization whose primary purpose is community development and revitalization. Provides that the fund is to support proposals for local community development and revitalization, including job creation. Provides that grants may not exceed $5,000,000 per project. Provides that grants must be matched by the applicant. Provides that the board of the corporation shall form a strategic review committee to review applications for grants. Specifies the criteria the board shall consider in making a grant.
SB419 SEPTIC SYSTEMS, WELLS, AND REGULATED DRAINS (YODER S) Provides that a fee simple interest in: (1) a dwelling connected to a residential onsite sewage system; (2) a nondwelling structure connected to a commercial onsite sewage system; or (3) a tract of land containing a water well in addition to a residential or commercial onsite sewage system; cannot be transferred unless the onsite sewage system is inspected by a qualified inspector and water from the water well is tested by a qualified tester, the test results are provided to the local health department, the county recorder, and the person to whom the fee simple interest is being transferred, and any cause of failure of the onsite sewage system is eliminated. Provides exceptions. Requires the state department of health to adopt rules establishing requirements and standards for inspections and testing, qualifications for inspectors and testers, and requirements and standards for the training and certification of inspectors and testers. Authorizes a county surveyor to classify a regulated drain as a drain in need of reconstruction or a drain in need of periodic maintenance based upon the interests of public health, the reduction of undesirable environmental effects, or flood reduction benefits. Provides that the maintenance fund established for a regulated drain or combination of regulated drains may be used to: (1) better serve the interests of public health; (2) reduce undesirable environmental effects; (3) provide flood reduction benefits; (4) improve drainage control; or (5) provide drainage water storage infrastructure or technology associated with water that flows in or into a particular regulated drain or combination of regulated drains. Authorizes a county surveyor, when determining the best method of reconstructing a regulated drain or the best method of drainage for the area to which a petition to establish a new regulated drain relates, to consider cost effective drainage designs that limit undesirable environmental effects, improve public health, or provide flood reduction benefits.
SB420 DISTRIBUTED GENERATION (YODER S) Provides that a net metering tariff of an electric utility other than a municipally owned utility or a rural electric membership corporation (electricity supplier) must remain available to the electricity supplier's customers until: (1) the aggregate amount of net metering facility nameplate capacity under the tariff equals at least 5% (rather than 1.5% under current law) of the electricity supplier's most recent summer peak load; or (2) July 1, 2027 (rather than July 1, 2022, under current law); whichever occurs earlier. Provides that an electricity supplier may not offer a net metering tariff to the electricity supplier's customers after June 30, 2027 (rather than June 30, 2022, under current law). Provides for net metering tariffs to be phased out by July 1, 2052, and provides that an electricity supplier may not change the terms and conditions of the electricity supplier's net metering tariff during the phase out period. Requires the Indiana utility regulatory commission (IURC) to amend the IURC's rules to allow participation in a net metering tariff by a net metering facility with a nameplate capacity of five megawatts or less. (Under current law, IURC rules allow participation in a net metering tariff by a net metering facility with a nameplate capacity of one megawatt or less.) Allows a customer to apply the output measured at up to five of the customer's electric meters for purposes of determining the difference between: (1) the amount of electricity supplied to the customer by an electricity supplier; and (2) the amount of electricity that is supplied back to the electricity supplier by the customer; for purposes of determining the kilowatt difference for which the customer is billed or credited. Requires the IURC to: (1) engage an independent consultant to conduct a study regarding the value of distributed energy resources to Indiana; (2) conduct a formal investigation and one or more stakeholder meetings regarding the results of the study; and (3) based on the IURC's findings and conclusions, adopt rules not later than December 31, 2023: (A) establishing one or more distributed energy resource tariffs; and (B) requiring an electricity supplier to, not later than January 31, 2024, offer a distributed energy resource tariff to the electricity supplier's existing and new customers. Provides that, notwithstanding the statutory phase out of net metering tariffs, if an electricity supplier offers a net metering tariff to the electricity supplier's customers, the electricity supplier must continue to offer the net metering tariff until the electricity supplier adopts a distributed energy resource tariff. Stays the implementation of a rate for procurement of excess distributed generation for which an electricity supplier has applied for or received approval by the IURC under current law.