Legislative Updates—2009 General Assembly
Week ending 5/1/2009 Legislative Wrap-up
Every few years we hear these dreaded words: special session. The 2009 regular session of the Indiana General Assembly adjourned sine die Wednesday without the passage of a State of Indiana biennium budget. This means that lawmakers will be back in Indianapolis in the coming weeks to hopefully clear their differences and approve a budget. The Governor has released no date for the special session. While not passing the biennium budget has captured headlines across the state and overshadowed the last four months of hard work, the PFFUI is providing our report on what was accomplished this year.
I would like to thank each one of you that joined the PFFUI Legislative Team in the halls, made calls to your elected officials and took the time to write or email them on issues that influence our livelihood.
An enormous amount of time was spent on HB 1447, mainly by the bill's author, Rep. Peggy Welch. HB 1447 was referred to as the "Christmas Tree" bill of the session for obvious reasons. There is language in the bill that directly affects Princeton (Local 1634)
The conference committee report on HB 1447 passed in the Senate by a 43-7 vote, but the House ran out of time after voting on the budget bill. We are hopeful that this bill will resurface during the special session.
Our training bill (SB 322) was inserted in HB 1428 and passed late into the night and is awaiting signature by the Governor.
The Governor has signed these bills |
| HB 1012 |
1977 pension fund disability benefit. |
| HB 1089 |
Heimlich maneuver and CPR continuing education. |
| HB 1331 |
Body armor for police officers. |
| SB 25 |
1977 pension fund military service credit. |
| SB 188 |
1977 fund disability benefit. |
Awaiting signature |
| HB 1165 |
Public Safety Survivors Tuition and Fee Exemption |
| HB 1428 |
Number of members required for a quorum |
| SB 376 |
Line of duty disability from Parkinson's disease. |
We can all continue to benefit from implementing the suggestions from President Hanify on ways we can direct our political efforts (PFFUI Winter 2009 Newsletter):
• Expand our political focus into county government
• Evaluate our individual departments and make recommendations that don’t jeopardize our
members’ personal safety or our families’ well being.
• Educate politicians and more importantly, the taxpayers.
• Finally, you need to contact your local legislator and make them aware that local units of
government need more ability to raise revenue.
We will be present during the special session and we will continue to work on legislative issues through the coming summer months. Please contact me if you have any questions or comments.
— Fraternally, Jim
Following are the bills we will be watching this session. If you have any questions please contact: Tom Hanify, 317-450-1381, Jim Ridley, 260-312-4652, Chuck Sosbe,765-438-8293.
Click on the bill number for its digest. Bills can be reviewed at http://www.in.gov/legislative/
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Kernan-Shepard bills. |
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The following bills are still alive: |
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HB1012 |
1977 pension fund disability benefit. (Avery)
Provides that a member of the 1977 police officers' and firefighters' pension and disability fund who receives a disability benefit based on a determination that the fund member has a Class 1 impairment or, under certain circumstances, a Class 2 impairment (disabled member) is entitled to receive the disability benefit for the remainder of the disabled member's life. (Currently, a disabled member receives a disability benefit until age 52; at 52, the disabled member's benefit is recomputed as a retirement benefit.) Provides that, upon becoming 52, the disabled member is entitled to receive a monthly supplemental benefit equal to the greater of: (1) the monthly retirement benefit that the disabled member would have received had the disabled member remained in service until retirement upon becoming 52; or (2) the monthly retirement benefit earned by a fund member with 20 years of service; reduced by the amount of any disability benefit that the disabled member is entitled to receive for life. Provides that a fund member's retirement benefit is based on: (1) the member's years of active service; plus (2) if applicable, the period, not to exceed 20 years, during which the member received disability benefits. (The introduced version of this bill was prepared by the pension management oversight commission.)
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HB1089 |
Heimlich maneuver and CPR continuing education.
Requires the continuing education program of a city, town, and county law enforcement agency to include training in cardiopulmonary resuscitation (CPR) and the Heimlich maneuver. |
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HB1331 |
Body armor for police officers.
Provides that a city, county, or town (unit) shall provide an active member of the police department of the unit with body armor for the torso (armor). Requires a unit to replace armor according to the replacement period recommended by the manufacturer of the armor. Makes technical corrections. Makes a conforming amendment.
Provides that a unit cumulative capital improvement fund may be used to purchase body armor for active members of a police department.
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HB1428 |
Reduces from 11 to nine the number of members required for a quorum for the law enforcement training board.
Requires at least nine affirmative votes for the passage of any matter put to a vote of the board. (Current law requires at least 11 affirmative votes for the passage of any subject matter put to a vote by the board.) Specifies the manner of approval for allocations from the emergency management contingency fund. Makes certain changes relating to who is eligible to receive financial assistance from the disaster relief fund. Allows certain members of the homeland security foundation to appoint certain designees for a specified meeting. Provides that all amusement and entertainment permits expire one year after the date of issuance. Requires the division of state court administration to establish and administer an electronic system for: (1) receiving information that relates to certain individuals who may be prohibited from possessing a firearm; and (2) transmitting this information to the Federal Bureau of Investigation for inclusion in the federal National Instant Criminal Background Check System (NICS). Provides that, if a court makes an adjudication or a finding concerning a person's mental health that may disqualify the person from possessing a firearm, the court shall transmit certain information concerning the finding or adjudication to the division of state court administration for transmittal to NICS. Establishes a procedure by which a person who has been released from commitment or who has completed treatment may have the person's disqualification to possess a firearm removed. Provides that it is a Class A misdemeanor for a person to knowingly or intentionally manufacture and sell or offer for sale: (1) an official badge or a replica of an official badge that is used by a law enforcement agency or fire department of the state or a political subdivision of the state; or (2) a document that purports to be an official employment identification that is used by a law enforcement agency or fire department of the state or a political subdivision of the state; without the written permission of the chief executive officer of the law enforcement agency or fire department. Makes the offense: (1) a Class D felony if the person commits the offense with the knowledge or intent that the badge or employment identification will be used to commit the offense of impersonation of a public servant; and (2) a Class B felony if the person commits the offense with the knowledge or intent that the badge or employment identification will be used to commit an offense involving weapons of mass destruction. Provides that a full-time firefighter employed after December 31, 2009, must complete the training for Firefighter I and Firefighter II during the firefighter's first year of employment as a full-time firefighter. Allows the education board of the division of preparedness and training of the department of homeland security (board) to grant six month extensions of time to complete the training requirements for any reason. Requires a fire department to request the extension on behalf of a firefighter employed by the department. Requires a fire department to report to the board when a firefighter employed by the department has completed the training requirements.
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HB1165 |
Public safety survivors tuition and fee exemption. (Tyler)
Exempts the children of a public safety officer who is killed in the line of duty from the payment of educational costs for up to 124 semester credit hours at a state educational institution or technical school. (Currently, the children must be younger than 23 years of age to use the benefit.) |
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SB0025 |
1977 pension fund military service credit. (M. Young)
Authorizes under certain conditions a member of the 1977 police officers' and firefighters' pension and disability fund to purchase up to two years of service credit for active duty military service. (The introduced version of this bill was prepared by the pension management oversight commission.) |
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SB0188 |
1977 fund disability benefit. (Deig)
Provides that a member of the 1977 police officers' and firefighters' pension and disability fund who receives a disability benefit based on a determination that the fund member has a Class 1 impairment or, under certain circumstances, a Class 2 impairment (disabled member) is entitled to receive the disability benefit for the remainder of the disabled member's life. (Currently, a disabled member receives a disability benefit until age 52; at 52, the disabled member's benefit is recomputed as a retirement benefit.) Provides that, upon becoming 52, the disabled member is entitled to receive a monthly supplemental benefit equal to the greater of: (1) the monthly retirement benefit that the disabled member would have received had the disabled member remained in service until retirement upon becoming 52; or (2) the monthly retirement benefit earned by a fund member with 20 years of service; reduced by the amount of any disability benefit that the disabled member is entitled to receive for life. Provides that a fund member's retirement benefit is based on: (1) the member's years of active service; plus (2) if applicable, the period, not to exceed 20 years, during which the member received disability benefits. (The introduced version of this bill was prepared by the pension management oversight commission.)
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SB0376 |
Line of duty disability from Parkinson's disease. (Merritt)
Creates a presumption that a police officer, firefighter, or emergency medical services provider who is diagnosed with Parkinson's disease after being exposed to certain toxins or trauma has incurred a line-of-duty disability. (Current law provides that certain cancers or heart or lung disease is presumed to have been incurred in the line of duty.) |
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The following bills are dead: |
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HB1031 DEAD
Local option sales tax. (Wolkins)
Provides that a municipality may levy a local option gross retail tax of 1% of retail sales occurring in the municipality if the office of tourism development certifies the municipality as an outstanding Indiana tourist destination. Provides that a municipality that levies the local option gross retail tax may use the local option gross retail tax revenue for any lawful purpose. Provides that the department of state revenue shall maintain several data bases of local sales tax data associated with the local option gross retail tax, in accordance with the requirements of the Streamlined Sales and Use Tax Agreement.
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HB1042 DEAD
Board of public works and safety
Allows the board of public works and safety of a third class city to consist of three or five members (as determined by the mayor). |
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HB1048 DEAD
PERF board membership. (Niezgodski)
Adds a police officer or firefighter as a member of the board of trustees of the public employees' retirement fund (PERF). |
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HB1052 DEAD
Paramedic licensing. (T. Brown)
Establishes the paramedic board to license paramedics instead of the certification of paramedics by the emergency medical services commission. Sets qualifications and requirements for a licensed paramedic. Makes it a Class B misdemeanor to practice as a paramedic without a license. Grandfathers in certain requirements. Makes conforming changes. |
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HB1056 DEAD
Military service credit for TRF members. (Kersey)
Grants, under certain conditions, up to six years of service credit in the teachers' retirement fund (TRF) for a member's past active duty military service. |
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HB1057 DEAD
Collective bargaining for public employees. (Kersey)
Permits certain governmental employees and noncertificated employees of school corporations to form and join unions. Establishes a five member public employees relations board. Establishes a procedure for the selection and decertification of an exclusive bargaining representative. Establishes employer and employee rights. Specifies prohibited practices. Requires the employer to bargain collectively when an exclusive representative has been certified. Establishes negotiation, mediation, factfinding, and binding arbitration procedures. Establishes mandatory subjects of negotiation. Provides that all decisions, opinions, or awards made by an arbitrator are subject to public inspection and copying. Provides that a proposed bargaining agreement subject to ratification by the parties is confidential. Requires a grievance procedure to be included in each collective bargaining agreement. Makes strikes by certain public employees unlawful, and establishes penalties for these strikes. |
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HB1058 DEAD
Residence information on state income tax forms. (Cherry)
Requires the department of state revenue to include on the individual income tax return a place for a taxpayer to identify the city or town, if any, where the taxpayer resides. Requires the department of state revenue to provide this information to the legislative services agency upon a written request and the agency's agreement to maintain its confidentiality. |
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HB1089 DEAD
Heimlich maneuver and CPR continuing education. (Duncan) Requires the continuing education program of a city, town, and county law enforcement agency to include training in cardiopulmonary resuscitation (CPR) and the Heimlich maneuver. |
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HB1104 DEAD
Fire protection territory levies. (Tincher)
Restores for one year (for the March 1, 2009, assessment date) an exemption from property tax levy limits for civil taxing units participating in a fire protection territory established after December 31, 2005, and before January 1, 2008. |
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HB1147 DEAD
Local control of consumer fireworks. (Pond)
Authorizes a county, city, or town to adopt an ordinance limiting or prohibiting the sale or use of consumer fireworks within the jurisdiction of the county, city, or town, with certain restrictions. |
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HB1153 DEAD
Volunteer firefighter tax deduction. (Battles)
Provides an individual income tax deduction of up to $2,000 for a volunteer firefighter. |
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HB1167DEAD
Actions based on exposure to hazardous substances. (Tyler)
Provides statutes of limitations for causes of action for occupational disease, deficiencies in the design, planning, supervision, construction, or observation of construction of an improvement to real property, and product liability when the cause of action is based on an exposure to a hazardous substance. Provides for a one year period, ending July 1, 2010, to file an otherwise time-barred cause of action based on an exposure to a hazardous substance. |
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HB1185 DEAD
1977 Fund benefit enhancement. (Murphy)
For a member of the 1977 police officers' and firefighters' pension and disability fund (1977 fund) who retires after June 30, 2009, increases from 1% to 1.25% the amount by which the retirement benefit increases for each six months of active service greater than 20 years and less than 32 years. Increases from 6% to 8.3% the percentage of the salary of a first class patrolman or firefighter contributed by or on behalf of a 1977 fund member or converted member to pay for the benefit increase. |
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HB1205
DEAD
Injured volunteer firefighters
Provides that the state, a political subdivision, or a private employer may not discipline an employee who is a member of a volunteer fire department and who is injured or absent from work because of an injury that occurs while the employee is engaged in emergency firefighting or emergency response activities. Provides that the employer may require the injured employee to provide evidence from a physician or other medical authority showing: (1) treatment for the injury at the time of the absence; and (2) a connection between the injury and the employee's emergency firefighting or emergency response activities. Requires the employer, to the extent required by federal or state law, to retain information about the injury in a separate medical file and to treat the information as a confidential medical record. Allows an injured employee to use sick leave when the employee is absent from work because of an injury that occurs while the employee is engaged in emergency firefighting or emergency response activities. |
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HB1211 DEAD
Recall of elected and appointed officials. (C. Brown)
Establishes a procedure for the recall of a person who holds a state, legislative, local, or school board office (other than a justice, judge, or prosecuting attorney) or who is appointed to an office of the state or a political subdivision. Requires that a recall petition must be signed by at least 10% of the registered voters in the jurisdiction served by the official (or at least 10% of the total vote in the last election for secretary of state if the official holds an elected state office). Removes an officeholder if: (1) at least 60% of the votes cast; or (2) a majority of the registered voters in the election district; vote for the recall. Specifies that a commissioner of a police and fire merit commission may be removed by the recall procedure existing under current law. |
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HB1227 DEAD
User fees for public safety runs. (Hinkle)
Authorizes the fiscal body of a municipality to impose a user fee or service charge for an emergency response or other service run: (1) that is made by a municipal law enforcement department, municipal fire department, or municipal ambulance service or emergency medical service to a dwelling, business, or other structure that is located in unincorporated territory of a county; and (2) that is not required by, governed by, or subject to a contract or agreement under which the municipality is entitled to compensation by another political subdivision or any other entity or individuals for the emergency response or service run. Provides that the amount of the user fee or service charge may not exceed an amount reasonably related to the reasonable and just cost of conducting the emergency response or service run. Specifies that a municipality may collect any such user fee or service charge that is unpaid in the same manner as delinquent taxes are collected or by bringing a civil action. |
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HB1255 DEAD
Public pension information. (Thompson)
Provides that records concerning: (1) mandatory public retirement fund contributions that are paid by the state or another employer on behalf of, and are individually identifiable to, a fund member; and (2) the amount of an employer paid retirement or disability benefit; are public records. |
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HB1329 DEAD
Public safety officer survivor insurance. (L. Lawson)
Requires the employer of a public safety officer who dies in the line of duty to provide and pay for health coverage for the officer's survivors. |
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HB1346 DEAD
First responder right to vote. (Pearson)
Provides that a member of the military or public safety officer may vote an absentee ballot by mail. Provides that a member of the military or public safety officer who has signed the poll list and is called from the polls before voting to respond to an emergency in the voter's capacity as a member of the military or public safety officer is entitled to return to the polls and vote upon execution of an affidavit. |
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HB1353 DEAD
Employee personal leave. (Dvorak)
Provides that certain employees of certain employers are entitled to take: (1) 40 hours of paid leave; and (2) 16 hours of unpaid leave; in a 12 month period. |
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HB1362 DEAD
Disabled volunteer firefighter weekly indemnity
Provides that the weekly indemnity due to a volunteer firefighter who becomes totally disabled as a result of the member's volunteer firefighting duties is, after June 30, 2009, at least $262 and after July 23, 2009, at least $290, up to a maximum of 260 weeks. |
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HB1373 DEAD
Employees of political subdivisions holding office. (Delaney)
Provides that an individual may not be a candidate to be elected to or fill a vacancy on the legislative body of a political subdivision that employs the individual. Provides that an individual may be a candidate for election to or be a member of the legislative body of a political subdivision other than the political subdivision that employs the individual. Provides that an individual who, on June 30, 2009, serves on the legislative body of the political subdivision that employs the individual may complete the term to which the individual was elected or appointed. Makes conforming changes in other statutes. |
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HB1379
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Improper classification of employees.
Provides that an individual performing services for a contractor or subcontractor on a construction project is considered to be an employee of the contractor or subcontractor, with certain exceptions. Provides for investigations of the employment relationship between an individual and a contractor or subcontractor by the department of labor, for certain procedures to be followed in investigations, and for various civil penalties to be assessed by the department of labor for the failure to properly classify individuals as employees. Provides for the sharing of information concerning the classification of individuals as independent contractors among the department of labor, the department of state revenue, the department of workforce development, and the worker's compensation board of Indiana. Provides that certain information pertaining to employee classification shared among the state agencies is confidential and may not be published or open to public inspection. Provides for criminal penalties for the improper classification of employees as independent contractors, and prohibits the awarding of contracts for public work projects to a contractor or subcontractor for four years after the contractor or subcontractor is found to have committed certain recurring improper classifications. |
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HB1406 DEAD
Elimination of townships outside Marion County. (Stevenson)
Effective January 1, 2011, makes the following changes in all counties except Marion County: (1) Abolishes township governmental functions. (2) Abolishes the office of township assessor, and transfers the duties and responsibilities of the township assessor to the county assessor. (3) Abolishes the offices of township trustee and township board (including duties and responsibilities related to township assistance, fire protection, cemetery maintenance, parks and recreation, and libraries), and transfers the duties and responsibilities of the township trustee and township board to the county. (4) Establishes a county firefighting fund. (5) Establishes a county cumulative building and equipment fund for firefighting. (6) Transfers township fund balances to the county and specifies the permitted use of the money. (7) Makes township indebtedness an obligation of the county, and requires the county to use money transferred from the township to pay the indebtedness. (8) Allows the county to levy property taxes to pay indebtedness not covered by money transferred from the township, and specifies the areas in which the taxes may be levied. (9) Increases the county's maximum property tax levy based on the assumption of former township duties, and establishes a separate county maximum property tax levy for firefighting. (10) Provides that the county assessor is a nonvoting member of the property tax assessment board of appeals. |
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HB1426 DEAD
Fire protection territories and taxation. (Battles)
Provides that for purposes of allocating any county adjusted gross income tax, county option income tax, and county economic development income tax distributions or excise tax distributions that are based on the amount of a taxing unit's property tax levies, each unit participating in a fire protection territory shall be considered to have imposed a part of the property tax levy imposed for the fire protection territory. Specifies that the part of the property tax levy imposed for the fire protection territory that is attributed to a particular participating unit is based on the percentage determined by dividing: (1) the participating unit's property tax levies imposed in the year before a property tax levy was first imposed for the fire property territory; by (2) the property tax levies imposed by all participating units in the year before a property tax levy was first imposed for the fire property territory. Provides that the legislative bodies of all participating units in a fire protection territory may agree to change the provider unit of the territory. Specifies that the provider unit may not be changed more than one time in a year. |
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HB1447 DEAD
Property taxation.
Establishes procedures concerning property tax deductions. Specifies when certain nonelected boards must submit a proposed budget to a county fiscal body. Provides that levy limits do not apply to a civil taxing unit in the first year in which the civil taxing unit becomes a participating unit in a fire protection territory. Provides that the legislative bodies of all participating units in a fire protection territory may agree to change the provider unit of the territory. Indicates that property tax levies that are imposed by a county for the first time after 2008 for a community mental health center or a community mental retardation and other developmental disabilities center are outside the general levy limit that applies to other county levies. Specifies when a mobile or manufactured home may be treated as inventory, and permits the waiver of property taxes on an abandoned mobile or manufactured home, upon petition by the title holder, when the property tax liability exceeds the resale value of the property. Provides that the levy limits imposed by law do not apply to a special assessment or tax imposed to replace revenue lost to a tax incentive finance (TIF) allocation area. Provides assessment standards for golf courses. Allows certain pension balances to be used for administrative and health care costs for pension members. Expands the purposes for which the major bridge fund may be used. In an eligible county in which a county bridge fund has been established, provides that the county executive is responsible for providing funds for all bridges within the county, including those in municipalities, except bridges on the state highway system. Makes changes in the content and form of property tax statements. Requires the use of provisional property tax statements if a county fails to issue property tax statements before July 1. Requires the determination of provisional taxes based on 60% of the preceding year's taxes unless the county treasurer opts to use a percentage between 60% and 90%. Provides a procedure for using provisional property tax statements when the tax rate for a cross-county unit has not been determined. In the determination of the amount of property taxes on a provisional statement based on the preceding year's taxes, requires the exclusion of the preceding year's taxes that result from a levy that no longer exists in the current year. Eliminates provisions requiring the department of local government finance to approve bonds, leases, and other obligations of political subdivisions. Replaces property tax rate controls with property tax levy controls. Provides for two semiannual installments of revenue replacing homestead credits granted to taxpayers in 2009 and 2010. Reconciles differences among the laws enacted in the 2008 session of the general assembly. Merges the text of a definition related to the senior citizen tax limit credit into the credit law. Exempts nonelected school boards from the law requiring taxing units with nonelected governing bodies to have bond issues and leases approved by the fiscal body of a county, city, or town. Defines "registered voter" for purposes of the statute specifying who is eligible to sign a petition requesting a referendum for a controlled project. Removes the expiration date for the county boards of tax adjustment. Permits a redevelopment commission, or two or more commissions acting jointly, to contract for educational programs, work training programs, worker retraining programs, and other programs designed to prepare individuals to participate in the competitive and global economy. Requires a redevelopment commission to make certain findings before entering into such a contract. Provides that, subject to certain limitations, a redevelopment commission may use any revenues legally available to the commission to fund such a program. Specifies that the term "commission" refers to a redevelopment commission. Provides that the deadlines for assessing officials to change a personal property tax assessment do not apply to a change in the assessed value of personal property that results from the resolution of a personal property assessment appeal. Allows an assessing official defending a determination in the tax court to elect, without the approval of the attorney general, to be represented by an attorney selected and paid by the defendant, the township, or the county. Legalizes the method used by the department of local government finance to reduce the 2009 maximum permissible ad valorem property tax levy of taxing units that paid benefits to members of the 1925 police pension fund, the 1937 firefighters' pension fund, or the 1953 police pension fund. Allows townships to provide fire protection or emergency services within a municipality that lies at least in part in the township and does not have a full-time paid fire department with out contracts if both legislative bodies approve. (Current law requires a municipality to lie entirely within the township to permit the arrangement.) Makes other corrections. Requires the excess that was transferred from the family and children's fund and children's psychiatric residential treatment services fund for Tippecanoe County to the county's levy excess fund as required by P.L.146-2008 to be used for the operation of a juvenile justice center. Allows the Pendleton Library to impose annual capital project fund levies that exceed the usual limits by $20,000 for the calendar years beginning after December 31, 2009, and ending before January 1, 2015. Repeals obsolete provisions. (The introduced version of this bill was prepared by the commission on state tax and financing policy.) |
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HB1455 DEAD
Autism training.
Requires certain firefighter and law enforcement personnel to be trained in interacting with individuals with autism.
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HJR0003 DEAD
Local government consolidation. (Hinkle)
Provides that a county legislative body may consolidate, eliminate, or prescribe additional qualifications for any of the county's constitutional offices. Provides that the general assembly may provide by law for two or more counties to consolidate into one county, even if the area of the consolidated county is less than 400 square miles. This proposed amendment has not been previously agreed to by a general assembly. |
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Bills |
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SB0019 DEAD
Direct deposit of public pension benefits. (Boots)
Requires all state administered public retirement and pension funds to pay benefits after December 31, 2009, by direct deposit using electronic funds transfer. Provides for a waiver of the direct deposit requirement in limited circumstances. Repeals provisions concerning the direct deposit of benefits by the public employees' retirement fund. |
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SB0051 DEAD
Police and firefighter hiring age. (Landske)
Increases from 35 years of age to 39 years of age the maximum age for hiring police officers and firefighters. |
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SB0059
DEAD
Income tax deduction for pension distributions Provides an adjusted gross income tax deduction for taxable retirement plan distributions that are used to pay expenses related to losses from a severe storm, a tornado, or flooding when a disaster emergency is declared by the governor. |
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SB0066 DEAD
PERF vesting period. (M. Young)
Reduces from ten to eight the number of years of creditable service a member of the public employees' retirement fund (PERF) must earn to obtain vested status. |
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SB0075
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Environmental rule review board.
Establishes the environmental rule review board. Prohibits the air pollution control board, water pollution control board, and solid waste management board from adopting a rule that contains a provision that is more stringent than a corresponding federal provision established under federal law until the environmental rule review board approves the rule. Prohibits the environmental rule review board from approving a proposed rule that contains a provision that is more stringent than a corresponding federal provision established under federal law unless the board finds that the provision is necessary to address an emergency situation that is unique to Indiana. |
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SB0082 DEAD
Minimum retirement age. (Kruse)
Eliminates the requirement that members of the public employees' retirement fund (PERF) who retire under the "rule of 85" must be at least 55 years of age. |
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SB0087
DEAD
Health benefit payments.
Requires notice of certain payment requirements when direct payments of health benefits are made to covered individuals. Prohibits certain health providers from billing covered individuals for amounts owed by health benefit plans. Makes a conforming amendment. |
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SB0099 DEAD
Actions based on exposure to hazardous substances. (Lanane)
Provides statutes of limitations for causes of action for occupational disease, deficiencies in the design, planning, supervision, construction, or observation of construction of an improvement to real property, and product liability when the cause of action is based on an exposure to a hazardous substance. Provides for a one year period, ending July 1, 2010, to file an otherwise time-barred cause of action based on an exposure to a hazardous substance. |
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SB0152
DEAD
Vehicle Bill.
IC 8 is amended concerning utilities and transportation. |
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SB0177 DEAD
Fees for fire or other emergency services. (Zakas, Stutzman)
Provides that a paid or volunteer fire department may impose a service charge on the operator of a toll road project for certain fire or other emergency protection services that the paid or volunteer fire department provides on the toll road project. |
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SB0179 DEAD
Annexation. (Buck)
Provides that a waiver or release of the right of remonstrance against annexation effective after June 30, 2009, expires ten years after the date the waiver or release is executed. Provides that in determining a municipality's levy limits for a particular ensuing calendar year, the cap on increased assessed value applies to all annexations of a municipality occurring in the particular ensuing calendar year. Reduces the number of signatures required on an annexation remonstrance petition from at least 65% of the owners of land in the annexed territory to at least 51% of the owners of land in the annexed territory. With certain exceptions: (1) requires a municipality to amend an annexation ordinance or fiscal plan before the public hearing on the annexation; and (2) prohibits a municipality from amending an annexation ordinance or fiscal plan after the public hearing on the annexation. Provides that if it is consistent with the municipality's policy of providing capital services to areas within the corporate boundaries, a municipality may provide less than all of the capital services to areas within the annexed territory. |
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SB0184 DEAD
Consolidation of dispatch centers. (Mrvan)
Digest
Provides that a public safety agency located in a county that has consolidated public safety answering points (PSAPs) as required by law may not duplicate an emergency dispatch function performed by the remaining PSAPs located in the county. |
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SB0204 DEAD
Township joinder. (Gard)
Prohibits a municipality from exercising "buffer zone" jurisdiction over any part of a township that it is subject to a joinder agreement with the municipality: (1) while the joinder agreement is in effect; and (2) after the township withdraws from the joinder agreement. Prohibits a municipality from terminating a joinder agreement: (1) if the township has certified a petition to put a question on the ballot to township voters about whether the township should withdraw from the joinder agreement; and (2) until the voters vote against withdrawing from the joinder. |
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SB0220 DEAD
Annexation. (Gard)
Provides, with certain exceptions, that when a municipality initiates an annexation, the municipality must file a petition with the court containing the signatures of: (1) at least 75% of the landowners in the territory proposed to be annexed; or (2) the owners of more than 75% in assessed valuation of the land in the annexed territory. Provides that, if the court finds that the petition has a sufficient number of signatures, a hearing will be conducted to review the annexation and fiscal plan. Allows a person to intervene as a party at the hearing to review the annexation and fiscal plan if: (1) the person is an owner of property in the territory; (2) the person, and no other owner of the property have signed the petition filed by the municipality; and (3) the person appeared at the hearing conducted by the municipality on the annexation ordinance or submitted a remonstrance or other document into the record of the hearing. Eliminates a procedure that requires the court to order an annexation not to take place if certain circumstances are shown. Removes provisions allowing a municipality to obtain waivers of a landowner's right to remonstrate against an annexation. Provides that in all circumstances an annexation becomes effective when the ordinance or judgment is filed by the municipal clerk. |
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SB0234 DEAD
Public safety funding. (Buck)
Eliminates the authority of a political subdivision to impose a property tax for public safety services. Imposes a public safety service fee instead of the property tax. Allows the imposition of an impact fee for capital improvements for public safety purposes. Requires a property insurer to pay a fire department reimbursement provided in a policy in response to the property owner's claim against the insurer. Allows a fire department to charge the property owner if the reimbursement is not paid. |
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SB0266DEAD
Public safety chaplain death benefit. (Kruse)
Adds certain requirements for a chaplain to qualify for a special death benefit. Provides that chaplains appointed or designated prior to July 1, 2009, are not subject to the additional requirements. (The introduced version of this bill was prepared by the pension management oversight commission.) |
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SB0269 DEAD
Various public safety commissions. (Wyss, Arnold)
Specifies the manner of approval for allocations from the emergency management contingency fund. Allows certain members of: (1) the homeland security foundation; (2) local emergency planning committees; and (3) the board of firefighting personnel standards and education; to appoint designees. Provides that all amusement and entertainment permits expire one year after the date of issuance. |
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SB0270 DEAD
Occupational certification requirements.
Adds: (1) a program director for an advanced life support training institution; and (2) the deputy executive director who manages the division of preparedness and training of the department of homeland security, as members of the emergency medical services commission. Amends various provisions concerning certification and licensing requirements for: (1) emergency medical dispatchers and dispatch agencies; (2) regulated amusement device inspectors; and (3) boiler and pressure vessel inspectors. Provides that a church that applies for a renewal operating certificate for a platform lift or stairway chair lift that is considered a regulated lifting is not required to complete certain required safety tests in order to receive the certificate if: (1) the church's platform lift of stairway chair lift remains subject to periodic inspections by the division of fire and building safety; (2) the church pays the required fee for the renewal certificate; (3) the platform lift or stairway chair lift is located on church property that is exempt from property taxes; and (4) the platform lift or stairway chair lift has a travel distance of not more than 14 feet. Deletes obsolete provisions. Repeals provisions concerning certification requirements for emergency medical dispatchers and dispatch agencies. |
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SB0322DEAD
Firefighter training. (Charbonneau)
Provides that a full-time firefighter employed after June 30, 2009, must complete the training for Firefighter I and Firefighter II during the firefighter's first year of employment as a full-time firefighter. Allows the director of the division of preparedness and training of the department of homeland security (director) to grant six month extensions of time to complete the training requirements for any reason. Requires a fire department to request the extension on behalf of a firefighter employed by the department. Requires a fire department to report to the director when a firefighter employed by the department has completed the training requirements. |
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SB0379 DEAD Local government. (Boots)
Permits a county to reorganize its executive and legislative structure and powers so that all executive authority is exercised by a single elected county executive and all legislative and fiscal powers are exercised by the county council (as constituted under current law). Requires: (1) the county executive to adopt an ordinance to reorganize the county executive and legislative powers; and (2) the reorganization to be approved by the voters of the county. Provides that such an ordinance may be adopted only in an even-numbered year. Provides that if the county's voters vote in favor of the public question, the first single-member county executive is elected at the second general election that is held after the general election at which the voters approve the reorganization. Provides for transition from a three-member county executive to the single-member county executive. Provides that if a county adopts a single-member county executive form of government, the county council rather than the county executive is responsible for redistricting the county council. (In Lake County, the county redistricting commission would continue to redistrict county council districts.) Provides that the only reason that county council districts may be changed after the first redistricting after a decennial census is to conform the districts to statutory requirements. Makes technical and other changes to conform the law to the substantive changes. |
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SB0434 DEAD
Fire protection territories. (Zakas)
Allows a civil taxing unit to increase its property tax levy in the first year in which the civil taxing unit participates in a fire protection territory. |
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SB0444 DEAD
Consolidation of Marion County fire departments. (Merritt)
Provides that on January 1, 2010, the fire departments of all of the following are consolidated into the fire department of the consolidated city: (1) The townships in the county containing the consolidated city. (2) A fire protection territory in the county containing the consolidated city. Provides that a transfer of duties between units of government results in the transfer of property, equipment, records, rights, contracts (including labor contracts), and indebtedness. Provides that a firefighter who is a member of the 1937 or 1977 fund remains a member of the same fund after the consolidation. Requires the consolidated fire department to develop a strategic plan to determine resource requirements and resource deployments for the consolidated fire department. Requires the mayor of the consolidated city to establish a professional standards board with responsibility after December 31, 2009, for establishing, validating, and maintaining emergency responder certification and credentialing requirements and procedures. Provides that the requirements and procedures must be in accordance with the National Incident Management System and appropriate national professional standards and certification organizations and boards. Specifies that a subcommittee of the professional standards board, under the direction of a board certified emergency physician, is responsible for certification and credentialing of emergency medical responders. Exempts from the property tax levy limits any amounts imposed by the consolidated city or the county to fund former township indebtedness. Establishes a maximum property tax levy for the consolidated city for property taxes payable in 2010, 2011, and 2012 that is the sum of the city's 2010 maximum levy plus the combined amounts levied in 2009 by the townships for firefighting. Specifies that the balance in the cumulative building and equipment fund for fire protection and related services of each entity whose fire department is consolidated into the fire department of the consolidated city be transferred to the consolidated city's cumulative building and equipment fund for fire protection and related services. Provides that the fire department of an excluded city in Marion County may provide fire protection in any area that: (1) is in the township in which the excluded city is located; and (2) is being served by the township fire department. Specifies that the fire department of an excluded city may provide fire protection under this provision only if: (1) the mayor and legislative body of the excluded city; and (2) the township legislative body; agree that the fire department of the excluded city shall provide fire protection in that area. Provides that the approval of the agreement by the township trustee is not required. Specifies that if the fire department of the excluded city provides fire protection under this provision in any area of the township, the fire department of the consolidated city is not responsible for providing fire protection in that area of the township. |
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SB0452DEAD
Kernan-Shepard election provisions. (Lawson)
Moves elections of municipal officers to even-numbered years. Provides that an employee of a political subdivision is considered to have resigned from employment with the political subdivision if the employee assumes the elected executive office of the political subdivision or becomes an elected member of the political subdivision's legislative body. Provides that the restriction applies to an employee of a political subdivision who assumes an elected office after June 30, 2009. Provides that the restriction does not apply to an employee of a political subdivision who holds elective office on June 30, 2009, and continues to hold or be reelected to the office. Provides that the restriction does not prohibit an employee of a political subdivision from holding an elected office of a political subdivision other than the political subdivision that employs the government employee. Establishes the use of vote centers as an option for all counties. Requires the county election board (board) to adopt an order designating a county a vote center county, adopt a plan to administer the vote centers, and file the order and the plan with the election division. Requires the board to accept and consider public comment before adopting an order designating the county as a vote center county. Provides that designation of a county as a vote center county remains in effect until the board rescinds the order designating the county as a vote center county and files a copy of the rescission with the election division. Redesignates automatically as a vote center county a county previously designated a vote center pilot county. Provides that school board members selected by election must be elected at general elections. Provides that the legislative body of a second class city appoints the city clerk and that the mayor of a third class city appoints the city clerk-treasurer. Provides that an individual elected as city clerk or clerk-treasurer at the 2007 elections may serve in that office until January 1, 2012. Repeals statutes related to the filling of a vacancy in the office of city clerk or clerk-treasurer. Repeals the expiration date of the vote center program and provisions that: (1) require the secretary of state's approval of the vote center designation; and (2) allow the secretary of state to revoke the vote center designation. Repeals other obsolete and superseded statutes. |
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SB0478
Improper classification of workers.
Provides for the sharing of information concerning the classification of individuals as independent contractors among the department of labor, the department of state revenue, the department of workforce development, and the worker's compensation board of Indiana. Provides that certain information pertaining to employee classification shared among the state agencies is confidential and may not be published or open to public inspection. Provides that an officer or employee of a state agency who knowingly or intentionally discloses confidential information concerning any suspected improper classification of an individual commits a Class A misdemeanor. |
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SB0535
DEAD
Indiana public retirement system.
Establishes the Indiana public retirement system (system) to administer and manage the following: (1) the public employees' retirement fund (PERF); (2) the teachers' retirement fund (TRF); (3) the judges' retirement fund; (4) the prosecuting attorneys retirement fund; (5) the state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement fund; (6) the 1977 police officers' and firefighters' pension and disability fund; (7) the legislators' retirement system; (8) the pension relief fund; (9) the special death benefit fund; and (10) the state employees' death benefit fund. Creates a seven member board of trustees for the system (board) consisting of six members appointed by the governor and the director of the budget agency (or designee) serving as an ex officio voting member. Provides that the board's powers and duties are the combined powers and duties of the PERF and TRF boards. Provides that each retirement fund continues as a separate fund managed by the board. Provides for a director of the system who is appointed by and serves at the pleasure of the board. Eliminates the treasurer of state as the treasurer of PERF and reassigns the treasurer's duties to the board and director of the system. Makes conforming and technical corrections. Repeals provisions that establish the PERF and TRF boards and the treasurer of state's role as PERF treasurer.
The state’s two biggest pension funds are poised to combine into one Indiana Public Retirement System. SB 535 was approved by the Senate (50-0) on February 19th and has now moved to the House. Author Senator Dennis Kruse (R-Auburn) is the Senate sponsor and David Niezgodski (D-South Bend) is the House sponsor. Representative Niezgodski has promised a careful inspection and has not decided if he supports the bill.
Under the bill, the combined fund would have a seven-person board, all appointed by Governor Daniels. Five of the seats would go to public employees or educators covered by the fund. OMB (Office of Management and Budget) Director Ryan Kitchell would retain his seat and the final slot would go to anyone the governor selects. The PFFUI provided testimony and supports this piece of legislation because of greater board representation and obvious cost saving measures.
The combined assets of both funds are $18.1 billion with PERF having $11.2 billion and the State Teachers Retirement Fund having $6.9 billion. The estimated one-time cost savings is expected to be $8.9 million in reduced administration costs, plus $1.2 million in annual administrative savings. The pooling of assets could produce higher returns and lower fees, generating an expected 0.2% annual increase in returns; that’s $60.5 million dollars!
Because so much money is at stake, the bill requires that board members undergo 12 hours of annual training.
—Jim Ridley |
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SB0550
DEAD
County government. Provides that in counties other than Marion County, the county commissioners shall after January 1, 2011, and before July 1, 2011, adopt a resolution specifying whether: (1) the voters of the county shall elect a single county chief executive officer who has the executive powers and duties of the county and a county council that has the legislative and fiscal powers and duties of the county; or (2) the voters of the county shall elect a county council that is a combined county executive, legislative, and fiscal body that has the executive, legislative, and fiscal powers and duties of the county. Provides that in counties other than Marion County, county commissioners are eliminated effective January 1, 2013. Provides that in counties with a county chief executive officer, the initial county chief executive officer is elected at the November 2012 general election. Specifies that after December 31, 2012, certain powers currently exercised by a county's board of commissioners shall be exercised by the county council. Provides that in counties with a county council that is a combined county executive, legislative, and fiscal body, the county council shall have three members elected from districts and two members elected at large. Provides that if the Constitution of the State of Indiana is amended so that it no longer requires the election in each county of a recorder, surveyor, coroner, auditor, or treasurer, individuals shall be appointed to those offices by the county executive (rather than elected) in counties other than Marion County. Specifies that individuals holding those offices at the time the Constitution is amended in such a manner may remain in office until the end of their terms of office. Provides that in counties other than
Marion County, on the earlier of the end of the county assessor's term of office or a date after June 30, 2009, that the office of county assessor becomes vacant, the county executive shall appoint an individual to serve as county assessor and that the county assessor shall no longer be elected.
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SJR0001
DEAD
Circuit breakers and other property tax matters
For property taxes first due and payable in 2012 and thereafter, requires the general assembly to limit a taxpayer's property tax liability as follows: (1) A taxpayer's property tax liability on homestead property may not exceed 1% of the gross assessed value of the homestead property. (2) A taxpayer's property tax liability on other residential property may not exceed 2% of the gross assessed value of the other residential property. (3) A taxpayer's property tax liability on agricultural land may not exceed 2% of the gross assessed value of the property that is the basis for the determination of the agricultural land. (4) A taxpayer's property tax liability on other real property may not exceed 3% of the gross assessed value of the other real property. (5) A taxpayer's property tax liability on personal property may not exceed 3% of the gross assessed value of the taxpayer's personal property that is the basis for the determination of property taxes within a particular taxing district. Specifies that property taxes imposed after being approved by the voters in a referendum shall not be considered for purposes of calculating the limits to property tax liability under these provisions Provides that in the case of a county for which the general assembly determines in 2008 that limits to property tax liability are expected to reduce in 2010 the aggregate property tax revenue that would otherwise be collected by all units and school corporations in the county by at least 20%, the general assembly may provide that property taxes imposed in the county to pay debt service or make lease payments for bonds or leases issued or entered into before July 1, 2008, shall not be considered for purposes of calculating the limits to property tax liability. Specifies that such a law may not apply after December 31, 2019. Permits the general assembly to exempt a mobile home used as a homestead to the same extent as real property. Specifies that an exemption may be granted in the form of a deduction or credit. Specifies that the general assembly may impose reasonable filing requirements to obtain an exemption, deduction, or credit
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SJR0003
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Homesteads exempt from property tax
Exempts homesteads from property taxation. This proposed amendment has not been previously agreed to by a general assembly.
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SJR0006
DEAD
Property tax prohibition
Adds Article 10, Section 10.5 of the Constitution of the State of Indiana to prohibit the imposition of ad valorem property taxes by the general assembly or a political or municipal corporation. Strikes out Article 10, Section 1 (authorization to impose property taxes) and Article 13, Section 1 (municipal debt limitation based on the taxable value of property). Makes a conforming amendment to Article 8, Section 2. Establishes the effective date and requires the general assembly to provide by law revenue to pay, after property tax collections are terminated, obligations of a political or municipal corporation in Indiana to which the corporation pledged property tax revenue. This proposed amendment has not been previously agreed to by a general assembly.
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SJR0008
DEAD
Constitutional amendment on circuit
For property taxes first due and payable in 2012 and thereafter, requires the general assembly to limit a taxpayer's property tax liability on homestead property to an amount that does not exceed 1% of the gross assessed value of the homestead property. Indicates that a homestead includes certain trust, cooperative housing, and personal property. This proposed amendment has not been previously agreed to by general assembly.
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Kernan-Shepard bills |
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SB0348 DEAD
Kernan-Shepard bill
Library services planning.
Requires the Indiana library and historical board to adopt emergency rules not later than July 1, 2009, establishing statewide library standards for the delivery of library service to every resident of Indiana. Establishes a public library service planning committee (committee) in each county to prepare a library services plan for the county. Requires the committee to select one of the following library service models to implement in the county: (1) A consolidated countywide system. (2) A consolidated system of two or more counties. (3) Two or more independently governed library systems within a county. (4) A multisystem or multiple county alliance of independently governed library systems. (5) A multisystem or multiple county federation of independently governed library systems. Requires the state library to conduct regional training sessions to educate the committees on the planning process and library service models. Requires the state library to assist the counties in preparing and implementing the plan, obtaining grants and funding the plan. Requires the committee to conduct a public hearing and consider public testimony in preparing the plan. Requires the committee to submit the plan to the state library not later than July 1, 2010. Provides that if a committee fails to adopt a plan, the state library shall prepare and adopt a plan to be implemented in the county. Requires the state library to review a plan to ensure that the plan meets the statewide standards and approve it before the plan may be implemented. Requires libraries in each county to reorganize according to the plan adopted for the county. Beginning January 1, 2012, requires the state library to annually report to the general assembly and the governor on the implemented plans and the plan budgets. |
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SB0482 DEAD
Marion County consolidation In Marion County, abolishes effective January 1, 2011, the offices of township trustee and township board and transfers all township duties and responsibilities, including township assistance, cemetery maintenance, weed control, and parks and recreation, to the mayor. Requires the mayor to appoint, subject to the approval of the city-county council, a director of public assistance to administer township assistance on a countywide basis. Provides that a transfer of duties between the townships and the county results in the transfer of property, equipment, records, rights, contracts, and indebtedness. Abolishes the Marion County board of commissioners effective July 1, 2009. Provides that a county assessor shall not be elected in 2010 and thereafter in Marion County. Provides that in Marion County, the mayor of Indianapolis shall appoint the county assessor, subject to the approval of the city-county council, beginning on the earlier of: (1) the end of the term of the county assessor elected in 2006; or (2) the date the office of county assessor becomes vacant. Requires an appointed county assessor appointed to be certified as a level three assessor-appraiser. Provides that after December 31, 2010, the county sheriff of Marion County is no longer responsible for emergency communications. Specifies that in Marion County: (1) the director of the community corrections program is considered a director of a department of the consolidated city; and (2) employees of the community corrections program are employees of the consolidated city. Specifies that, subject to the approval of the city- county council, the mayor shall appoint the executive director of the health and hospital corporation, who shall serve at the pleasure of the mayor. Provides that the mayor may designate the chairperson of the Marion County capital improvement board. Changes the appointing authorities for the library board in Marion County. Provides that, subject to the approval of the city-county council, the mayor appoints the director of the public library in Marion County, who shall serve at the pleasure of the mayor. Changes the appointing authorities for the board of directors of the public transportation corporation in Marion County. Provides that, subject to the approval of the city-county council, the mayor appoints the executive director of the public transportation corporation in Marion County, who shall serve at the pleasure of the mayor. Provides that effective January 1, 2011, in Marion County, the powers and duties assigned to the county auditor and the county treasurer under the property tax statutes shall be exercised by and are the responsibility of the Indianapolis controller. Provides that after 2010, the monthly distributive shares of county option income taxes that would be distributed to a township for which township government is abolished shall instead be distributed as additional distributive shares to Indianapolis/Marion County. Transfers responsibilities of township trustees and township boards concerning township small claims courts located in a consolidated city to the: (1) mayor of the consolidated city; (2) city-county council of the consolidated city; and (3) clerk of the circuit court of the county containing the consolidated city. Abolishes the office of small claims court constable. Specifies that on January 1, 2010, personnel provided by the department of public safety of the consolidated city shall perform the duties formerly performed by the constables. Provides that if the Constitution of the State of Indiana is amended so that it no longer requires the election in each county of a recorder, surveyor, coroner, sheriff, auditor, or treasurer, the functions, duties, and obligations of those offices in Marion County are on the earlier of: (1) the end of that official's term of office; or (2) the date the office becomes vacant are transferred to specified departments, officials, and entities. Requires the department of local government finance to adjust maximum permissible property tax levies and property tax rates as necessary to account for transfers of duties, powers, and obligations. Repeals certain provisions concerning small claims court constables. Makes conforming amendments. Repeals provisions concerning the nine Marion County township small claims courts. |
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SB0506 DEAD
Kernan-Shepard bill
Local government matters.
Provides that in counties other than Marion County: (1) the boards of county commissioners are eliminated effective January 1, 2013; (2) the county executive is a single elected chief executive officer; and (3) the county council is the county legislative body as well as the county fiscal body. Specifies that the term of each county commissioner elected in 2010 is two years rather than four years. Provides that the initial county chief executive officers are elected at the November 2012 general election. Specifies that after December 31, 2012, certain powers currently exercised by a county's board of commissioners shall be exercised by the county council. Requires the office of management and budget to establish an office of local technical assistance. Requires the office to: (1) promote sound fiscal, management, and operational practices in local government and assist units of local government in carrying out these practices; and (2) coordinate interaction between units of local government and state agencies. Requires the department of local government finance (DLGF) and the state board of accounts to consult with the office as the DLGF and the state board of accounts develop and adopt transition rules to assist units of local government that are consolidating entire units or specific functions. Deletes the requirement that a copy of an interlocal cooperation agreement must be filed with the state board of accounts (state board). Repeals the requirement that counties and municipalities must prepare and submit to the state board an operational report concerning roads and streets. Repeals the requirement that the county clerk must prepare a monthly report that is submitted to the county auditor, the county executive, and the state board. Repeals the requirement that the county
treasurer must prepare a monthly report that is submitted to the county auditor, county board of finance, county executive, and state board. Provides that if a proposed local government reorganization is initiated under the government modernization statutes by the voters of a political subdivision, approval of the legislative bodies of the affected political subdivisions is not required before a proposed reorganization plan may be prepared by a reorganization committee and placed on the ballot for a vote. Specifies that the circuit court clerk of the county in which the most populous political subdivision named in a reorganization resolution or petition is located shall appoint to the reorganization committee three residents of each political subdivision participating in the reorganization. |
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SB0512 DEAD
Kernan-Shepard bill
Elimination of townships.
Abolishes, effective January 1, 2013, the offices of township trustee and township board, and transfers all township duties and responsibilities, including township assistance, fire protection, cemetery maintenance, weed control, and parks and recreation, to the county executive. Establishes a township assistance transition advisory committee in each county to prepare a plan for providing township assistance on a countywide basis. Requires the office of local technical assistance to review and modify the plan to meet statutory requirements. Provides that a transfer of duties between the townships and the county results in the transfer of property, equipment, personnel, records, rights, contracts (including labor contracts), and indebtedness. Requires the department of local government finance (DLGF) to adjust maximum permissible property tax levies and property tax rates as necessary to account for transfers of duties, powers, and obligations. Provides that a public safety planning board (board) is established on July 1, 2011, in each county not having a consolidated city. Requires the board to prepare before July 1, 2012, a binding public safety plan that applies to specified public safety services throughout the entire county. Provides that the plan must do the following: (1) Include local standards of service for public safety services. (2) Review and (if necessary) require the adjustment of any collaborative service arrangements related to public safety services. (3) Provide for a fair distribution of public safety services and the tax burden to pay for those public safety services. Prohibits the establishment of fire protection territories and fire protection districts after June 30, 2009. Requires the office of management and budget to establish an office of local technical assistance (office). Requires the office to: (1) promote sound fiscal, management, and operational practices in local government and assist units of local government in carrying out these practices; and (2) coordinate interaction between units of local government and state agencies. Requires the DLGF and the state board of accounts to consult with the office as the DLGF and the state board of accounts develop and adopt transition rules to assist units of local government that are consolidating entire units or specific functions. Allows a county after 2012 to: (1) provide county township assistance and public safety service at different levels of service in service districts in the county; and (2) apply property taxes or fees in different amounts in the service districts. Requires justification for providing services at different levels. Allows the county in later years to expand (but not contract) the service district in which service is provided at the higher level, or to provide the higher level of service in the entire county. Requires the advisory commission on intergovernmental relations to monitor the progress of local governments in implementing the recommendations made by the commission on local government reform and prepare an annual report of its findings.
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SB0521 DEAD
Kernan-Shepard bill
School corporation reorganization. Requires school corporations with an average daily membership (ADM) of less than 500 students to merge with another school corporation or school corporations. Provides for the preparation of a comprehensive reorganization plan by a county committee, public hearings on the plan, and approval by the state board of education. Provides for the development of a comprehensive reorganization plan by the state board of education for school corporations that fail to reorganize by 2013. Requires the department of education (department) to develop standards for educational opportunity and operational efficiency for school corporations. Requires a school corporation with an ADM of greater than 499 students and less than 1,000 students to demonstrate to the department that it meets the standards, and, if unable to do so, to merge with another school corporation or school corporations. Provides that the reorganization provisions do not apply to a charter school. |
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SJR0007 DEAD
Kernan-Shepard bill
County officers Removes the offices of county recorder, county treasurer, county coroner, and county surveyor from the Constitution of the State of Indiana. This proposed amendment has not been previously agreed to by a general assembly. |
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