The 2012 General Assembly session is officially under way. This being a “short session” that’s supposed to wrap up on March 14th, it has started off with a bang. As I am sure you know, the so-called “Right-to-Work” (see HB1104, HB1296, SB0269) legislation is the hot topic for discussion and most other bills seem to be taking a back seat to this anti-labor bill. President Hanify and I are working with the leadership of the state AFL-CIO and assisting them with whatever they need to stop this RTW bill.
That being said, we are still tracking about 60 other bills, pushing along a few from our own agenda but mostly playing defense. So far only one bill has been filed that pertains to pensions and defined contributions; it does not include us, just newly hired state employees. I believe that after the pension presentation that we did before PMOC this fall, most legislators won’t touch this topic for some time. Tom and I plan on following this bill very closely to see where it goes. We are also watching and working on many other bills to get the best possible outcome for the majority of our members. Below is a list of the bills we are tracking so far, I will update this list as they progress through the session. As always, if you have any questions or if you would like to come and spend a day with us at the State House, just give us a call.
Click on the Bill Number to access the full digest.
| |
Bill |
Priority |
| House Bills |
Senate Bills |
| Out of Committee - first House |
HB1001 |
Employee's right to work.
Makes it a Class A misdemeanor to require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees, or other charges to a labor organization; or (3) pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment. Establishes a separate private right of action for violations or threatened violations. Provides that the statute does not apply to federal employees, employees subject to certain federal laws, certain employees over whom the federal government has jurisdiction, state employees, and employees of a political subdivision. Provides that the statute does not apply to the extent it is in conflict with or preempted by federal law. |
| In Committee - first House |
HB1005 |
Nepotism; conflict of interest.
Specifies that the following are not lucrative offices: (1) Notary public. (2) Membership on a board administered by the professional licensing agency. Provides that an employee of a county, city, town, or township (unit) is considered to have resigned from employment with the unit if the employee assumes the elected executive office of the unit or becomes an elected member of the unit's legislative or fiscal body. Provides that an individual who is serving as a volunteer firefighter may not: (1) assume the office of executive of the unit; or (2) become a member of the executive, legislative, or fiscal body of the unit; that oversees the budget and operations of the fire department in which the volunteer firefighter serves. Specifies that an elected officer may also be appointed to and serve on a board, commission, or committee of the unit. Provides that the restriction does not prohibit an employee or volunteer firefighter from holding an elected office of another unit. Allows an employee or a volunteer firefighter who assumes or holds an elected office on January 1, 2013, to continue to hold the office and be employed by the unit or serve as a volunteer firefighter until the expiration of the term of office. Provides that relatives may not be employed by a unit in positions that result in one relative being in the direct line of supervision of the other relative. Provides that an individual who is employed by a unit on July 1, 2012, is not subject to the provisions regarding nepotism unless the individual has a break in employment with the unit. Provides that for purposes of the nepotism law, the performance of the duties of a precinct election officer or a volunteer firefighter is not considered employment by a unit. |
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| In Committee - first House |
HB1022 |
Ephedrine and pseudoephedrine.
Makes materials, compounds, mixtures, or preparations that contain ephedrine or pseudoephedrine schedule III controlled substances subject to being dispensed only by a prescription. |
| Out of Committee - first House |
HB1052 |
Statewide bid for emergency services equipment.
Requires the department of administration to award quantity purchase agreements for the purchase of emergency services equipment. |
| In Committee - first House |
HB1056 |
Novelty lighters.
Requires the state fire marshal to identify and publish a list of novelty lighters. Makes the manufacture or import of a novelty lighter for sale, distribution, or resale a Class A infraction. Makes the sale or distribution, other than at retail, of a novelty lighter a Class B infraction. Makes the retail sale or distribution of a novelty lighter a Class C infraction. Provides that funds collected as judgments for novelty lighter infractions are to be deposited in the fire and building services fund rather than the state general fund. Authorizes the state fire marshal to enter into agreements with local agencies for the enforcement of novelty lighter laws. Provides that the state fire marshal or a designated local officer may seize and destroy novelty lighters. Authorizes the state fire marshal and designated officers to search facilities and records related to the business of selling, distributing, manufacturing, or importing lighters. Provides that the attorney general may bring various actions at the request of the state fire marshal to enforce novelty lighter laws. Authorizes the fire prevention and building safety commission to adopt rules to implement the novelty lighter law. |
| In Committee - first House |
HB1068 |
Fire protection territories.
Specifies the factors that the department of local government finance (DLGF) shall consider when a civil taxing unit (unit) requests an increase in the unit's maximum property tax levy to meet the unit's obligations to a fire protection territory. Provides that ten or more taxpayers may file a petition with the DLGF requesting the DLGF to reduce the maximum property tax levy and the actual property tax levy for a taxing unit that is the provider unit of a fire protection territory. Specifies the factors the DLGF must consider if such a petition is filed. |
| In Committee - first House |
HB1071 |
Local ordinances concerning ephedrine sales.
Permits a local government unit to adopt an ordinance regulating the sale of ephedrine or pseudoephedrine that is more stringent than state law. |
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| In Committee - first House |
HB1087 |
Local income tax for public safety.
Authorizes counties in which two public safety answering points (PSAPs) are located to adopt an additional local option income tax rate under the county adjusted gross income tax laws or the county option income tax laws without adopting additional tax rates for property tax relief first if the revenue is for the sole purpose of funding the operations of the PSAPs in the county. Provides that the additional rate is subject to the maximum rate of 0.25% that current law imposes on additional rates for public safety and is subject to the approval of the department of local government finance. Provides for the distribution of the revenue from the additional rate to the PSAPs located in the county in amounts determined by the county fiscal body or county income tax council. Requires a political subdivision that operates a PSAP receiving the income tax revenue to reduce the enhanced emergency telephone system fee imposed by the unit and its property tax levy for funding a PSAP. |
| In Committee - first House |
HB1104 |
Right to work pilot program.
Establishes a right to work pilot program (pilot program). Provides that the Indiana economic development corporation (corporation) administers the pilot program. Requires the corporation to implement the pilot program in at least one region of Indiana by May 1, 2012. Provides that the pilot program: (1) makes it a Class A misdemeanor to require an individual to: (A) become or remain a member of a labor organization; (B) pay dues, fees, or other charges to a labor organization; or (C) pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment; and (2) establishes a separate private right of action for violations or threatened violations. Provides that the pilot program does not apply to federal employees, employees subject to certain federal laws, certain employees over whom the federal government has jurisdiction, state employees, and employees of a political subdivision. Provides that the pilot program does not apply to the extent it is in conflict with or preempted by federal law. Requires the corporation to submit, before November 1, 2013, a report to the general assembly on the pilot program. Specifies that the report must include any conclusions and recommendations made by the corporation concerning the pilot program, information concerning the expansion of the pilot program statewide, and any recommended legislation. |
| In Committee - first House |
HB1105 |
Employee's right to work.
Makes it a Class A misdemeanor for an employer to require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees, or other charges to a labor organization; or (3) pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment. Establishes a separate private right of action for violations or threatened violations. Exempts individuals employed in the construction industry, employed by the United States, or subject to the federal Railway Labor Act. |
| In Committee - first House |
HB1156 |
Volunteer firefighter and police reserve tax deduction.
Provides an individual income tax deduction of up to $2,000 for income received by an individual for service as a volunteer firefighter or a police reserve officer. |
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| In Committee - first House |
HB1158 |
Municipal plates for fire protection territories.
Adds fire protection territories to the list of governmental entities that are exempt from the payment of registration fees for vehicles owned or leased and used for official business by the governmental entity. Exempts fire protection territories from the payment of the: (1) motor vehicle excise tax; (2) excise tax on recreational vehicles and truck campers; and (3) commercial vehicle excise tax; on vehicles owned or leased and used for official business by a fire protection territory. |
| In Committee - first House |
HB1183 |
Lobbyist gift and entertainment ban.
Provides that a member of the general assembly, a candidate for a legislative office, an officer of the general assembly, an employee of the general assembly, or a member of the immediate family of any of these persons may not accept a gift or entertainment from a lobbyist, a legislative liaison, or an employer of a legislative liaison. Provides that a lobbyist, a legislative liaison, or an employer of a legislative liaison may not give a gift or provide entertainment to any of these persons. Provides exceptions for close relatives and under other described circumstances. Repeals superseded statutes. Provides that a violation of any of the prohibitions on giving or accepting gifts from lobbyists, legislative liaisons, or employers of legislative liaisons is a Class B misdemeanor. |
| In Committee - first House |
HB1186 |
Paramedic licensing.
Provides for the licensure of paramedics by the emergency medical services commission. Establishes qualifications and requirements for a licensed paramedic. Makes it a Class B misdemeanor to practice as a paramedic without a license. Provides for the transition from paramedic certification to licensure. Makes conforming changes. Replaces definitions of "paramedic" with definitions of "licensed paramedic". Makes technical corrections. |
| In Committee - first House |
HB1193 |
Charitable organization property tax exemptions.
Indicates that tangible property owned by an organization that is exclusively organized and operated for a purpose described in Section 501(c)(3) of the Internal Revenue Code is eligible for a property tax exemption if the organization is exempt from federal income taxation under Section 501 of the Internal Revenue Code and exclusively uses and occupies the property for the purposes and objectives of the organization. |
| In Committee - first House |
HB1207 |
State civil service system.
Makes the following changes as the result of the enactment of SECTION 56 of HEA 1001(P.L.229-2011) concerning the state civil service system: (1) Removes responsibility for public employee collective bargaining from the budget agency. (2) Removes references to a state employee who is a party to a collective bargaining agreement or an employment contract in connection with leave for bone marrow or organ donation. (3) Amends or repeals provisions that conflict with the state civil service system law concerning: (A) the director and environmental law judges of the office of environmental adjudication; (B) the director and employees of the state library and the historical bureau; (C) the director of the state commission on public records; (D) veterans' home personnel; (E) a superintendent of a state owned or operated correctional facility; (F) employees of the protection and advocacy service commission; (G) the director, administrative law judges, property managers, and employees of the department of natural resources; (H) the state veterinarian and employees of the board of animal health; (I) employees of the state department of health; (J) the superintendent of the school for the blind and visually impaired; (K) the superintendent of the school for the deaf; (L) employees of the department of labor; (M) employees of the civil rights commission; (N) the commissioner and employees of the department of insurance; (O) employees of the department of financial institutions; (P) the state lottery commission; (Q) the victim services division of the criminal justice institute; and (R) the appointment of assistants to administer welfare activities in the county offices of the division of family resources. (4) Provides that the executive director of the arts commission is the commission's appointing authority. (5) Provides that the director and employees of the state library and the historical bureau |
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| In Committee - first House |
HB1210 |
PSAP funding.
Authorizes counties (other than Marion County) to adopt an additional local option income tax rate under the county adjusted gross income tax or the county option income tax laws, without first adopting additional tax rates for property tax relief if the revenue is used to fund the operations of the public safety answering points (PSAPs) in the county. Requires a political subdivision that operates a PSAP receiving the income tax revenue to reduce its property tax levy for funding a PSAP by the estimated amount of local option income taxes that the PSAP will receive in the ensuing calendar year. Provides that the additional rate is subject to the maximum rate of 0.25% that current law imposes on additional rates for public safety. Changes the permitted uses of revenue used to fund PSAPs. Adds two members to the wireless enhanced 911 advisory board. Increases the wireless emergency enhanced 911 fee from $0.50 to $1.25. Increases a provider's collection allowance proportionately. Increases the enhanced prepaid wireless charge from $0.25 to $1.25. Removes the wireless enhanced 911 advisory board's discretion to adjust the fees. Repeals the conditional expiration of the enhanced prepaid wireless charge. |
| In Committee - first House |
HB1240 |
Appeal process for public safety medical expenses.
Specifies that a police officer or firefighter who suffers an injury or illness in performance of the person's duty and whose request for payment of care is denied by a city may appeal the denial to the local pension board that has jurisdiction over the police officer or firefighter. Requires the local pension board to conduct a hearing on the appeal using the same board procedures for conducting a hearing on determinations of disability or impairment for purposes of the pension fund. Provides that the determination of the local pension board after a hearing is final and may be appealed to the court. |
| In Committee - first House |
HB1250 |
State government nepotism.
Provides that an individual may not be employed in the same state agency in which the individual's relative is employed or serving as an elected officer or an ex officio member. Provides that an individual may not employ: (1) a relative; or (2) a business entity of which a relative is a partner, executive officer, or sole proprietor; to perform services for the state agency in which the individual is employed or serves. Provides that the law does not apply to an individual or business entity employed by a state agency before July 1, 2012. Provides that an individual who is: (1) first employed in a state agency after June 30, 2012; and (2) employed in the same position for at least 12 consecutive months immediately preceding the date the individual's relative is first employed or begins serving as an elected officer or ex officio member; may remain employed in the state agency, but may not remain employed in the same position if the individual immediately reports to the individual's relative or is directly supervised by the individual's relative. Repeals provisions concerning employment of relatives in state agencies. |
| In Committee - first House |
HB1254 |
Township reorganization.
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 a member of the political subdivision's legislative or fiscal body. Makes this resignation provision apply to an employee of a political subdivision who assumes an elected office after June 30, 2013. Specifies that this provision 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 an interim study committee to provide recommendations on making the statutes concerning township assistance standards clear, concise, and easy to interpret and apply. Eliminates township boards in all counties effective January 1, 2015. Specifies that after December 31, 2014, in all counties: (1) the county fiscal body is the fiscal body and legislative body of the township; and (2) the county fiscal body shall exercise the legislative and fiscal powers assigned in the Indiana Code to township boards, including the authority to adopt the township's annual budget and to levy township property taxes for township funds. Requires all counties to establish uniform standards for the provision of township assistance throughout the county. |
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| In Committee - first House |
HB1263 |
Public safety answering points.
Specifies maximum landline, wireless, and prepaid wireless 911 fees. Provides that the existing fees expire January 1, 2013. Requires the fees to be imposed by county ordinance in equal amounts that may not exceed $2. Specifies uses of 911 fees. Renames the wireless enhanced 911 advisory board the IN911 board (board) and expands its membership. Requires the counties to remit $0.05 of each 911 fee to the board. Consolidates landline and prepaid wireless provisions into the existing wireless statute. Provides that the consolidated statute expires January 1, 2019. Repeals a moratorium on increasing the landline 911 fee for units subject to the consolidation of public service answering points. Repeals obsolete provisions concerning the recovery of costs related to the implementation of wireless enhanced 911 by CMRS service providers. |
| In Committee - first House |
HB1296 |
Employee's right to work.
Makes it a Class A misdemeanor to require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees, or other charges to a labor organization; or (3) pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment. Establishes a separate private right of action for violations or threatened violations. Provides that the statute does not apply to federal employees, employees subject to certain federal laws, certain employees over whom the federal government has jurisdiction, state employees, and employees of a political subdivision. Provides that the statute does not apply to the extent it is in conflict with or preempted by federal law. Provides that the statute applies only if the voters of Indiana approve a public question. Requires a public question to be placed on the 2012 general election ballot asking the voters of Indiana whether it should be unlawful for an employer to require an individual to become or remain a member of a labor organization or pay dues, fees, assessments, or other charges of any kind or amount to a labor organization as a condition of employment or continuation of employment. |
| In Committee - first House |
HB1300 |
Counties having a consolidated city.
Raises the population threshold at which a city qualifies to become a first class city to 1,500,000. Establishes a process for deconsolidation of a consolidated city if the population of the consolidated city becomes less than the number that defines a first class city. Provides that each political subdivision in the county having the consolidated city becomes a reorganizing political subdivision and establishes a reorganization committee to prepare a plan to reorganize the political subdivisions in the county. Provides the procedures for the operation of the reorganizing committee. Provides the details required for the reorganization plan. Provides that if the voters of the county approve the reorganization plan, the political subdivisions in the county are reorganized as provided in the reorganization plan. Provides that if the voters of the county do not approve the reorganization plan, the consolidated city becomes a second class city and the other political subdivisions in the county will be governed as provided by law for other like political subdivisions. |
| In Committee - first House |
HB1317 |
Local government issues.
Specifies that after December 31, 2012, in each county: (1) the county fiscal body is the fiscal body and legislative body of each township in the county; and (2) the county fiscal body shall exercise the legislative and fiscal powers assigned in the Indiana Code to township boards, including the authority to adopt the township's annual budget and to levy township property taxes for township funds. Specifies that for township budgets adopted for 2013, the total amount appropriated for a particular year may not exceed the result of: (1) the total amount appropriated for the previous year; multiplied by (2) the assessed value growth quotient applicable to the township for the particular year. Provides that if the county fiscal body determines that a township cannot carry out its governmental functions for 2013 under these appropriation limitations, the county fiscal body may appeal to the department of local government finance (DLGF) for relief from the appropriation limitations. Requires a public question to be placed on the November 2012 general election ballot in each county regarding whether the voters want to abolish the offices of township trustee and (if applicable) township assessor. Provides that if a majority of voters in a county approve the public question, on January 1, 2014: (1) the powers and duties of the township regarding township |
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| In Committee - first House |
HB1334 |
Local option tax for public safety.
Eliminates the requirement that a county council or county income tax council adopt an additional local option income tax rate or tax rates for property tax relief before adopting an additional local option income tax rate for public safety. |
| In Committee - first House |
HB1342 |
Local government issues.
Provides that after December 31, 2014, in a township containing territory within a municipality that has a population of at least 10,000: (1) the township may continue to exercise the township's powers and duties only within the territory of the township that is unincorporated or is within a municipality that is located in the township and has a population of less than 10,000; and (2) within each municipality that has a population of at least 10,000 or within a consolidated city, the municipal executive shall exercise the powers and duties otherwise granted to the township trustee, and the municipal fiscal and legislative body shall exercise the powers and duties otherwise granted to the township board. Specifies that in the case of a township that has all of the township's territory within a municipality having a population of at least 10,000 or a county having a consolidated city, the offices of township trustee, township board, and township assessor (if any) of the township are abolished on January 1, 2015. Provides that after December 31, 2014, in a county having a consolidated city, salaries of small claims court judges shall be established by ordinance of the city-county council and shall be paid by the county in the same installments as judges of the superior court in the county. |
| In Committee - first House |
HB1346 |
Lake County municipal taxes.
Provides that a municipality in Lake County may adopt an ordinance to impose a tax of the municipality's own design during the period beginning July 1, 2012, and ending September 30, 2012. |
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| Senate Bills |
| In Committee - first House |
SB0014 |
Local government reorganizations.
Requires (rather than allows) the use of a "rejection threshold" in the case of a proposed local government reorganization involving a county and a municipality. (Under current law, the use of a rejection threshold that must be satisfied by both the voters of the municipality and by the county voters outside the municipality is optional.) Specifies that the rejection threshold (the percentage of the vote needed to reject the proposed reorganization) may not exceed 50% of the vote in the municipality or 50% of the vote in the area of the county outside the municipality. |
| In Committee - first House |
SB0034 |
Confidential public pension information.
Provides that the Indiana retirement system may disclose member financial records of a member of the public employees' retirement fund or the teachers' retirement fund to the member's employer or a designated representative of the member's employer, if the person agrees to: (1) maintain the confidentiality of the information; and (2) use the information solely for the purpose of administering the applicable fund or providing retirement counseling to the member. (The introduced version of this bill was prepared by the pension management oversight commission.) |
| In Committee - first House |
SB0055 |
Local government reorganization.
Provides that in the case of a proposed governmental reorganization that is on the ballot after June 30, 2012, and that involves a county and a municipality, the proposed reorganization is approved if: (1) a majority of the voters in the county voting on the public question (on a countywide basis) vote in favor of the proposed reorganization; and (2) in the case of a vote being conducted with a "rejection threshold", a majority of the voters of the county (excluding the voters of the reorganizing municipalities) voting on the public question vote in favor of the proposed reorganization and a majority of the voters of each reorganizing municipality voting on the public question also vote in favor of the proposed reorganization. (Under current law governing reorganizations involving a county and a municipality: (1) the percentage of the countywide vote that must approve the proposed reorganization may be set at a higher percentage than a majority vote; and (2) if the vote is being conducted with a rejection threshold, the thresholds for approval by county voters (excluding voters in the reorganizing municipalities) and for approval by voters of the reorganizing municipalities may also be set at a higher percentage than a majority vote.) |
| Out of Committee - first House |
SB0110 |
Local government issues.
Provides that in counties other than Marion County, the county executive may adopt an ordinance to change the executive and legislative structure of county government. Provides that such an ordinance to change the structure of county government may be adopted only during an odd-numbered year or before July 1 of an even-numbered year. Specifies that if the ordinance is adopted by a unanimous vote of the entire membership of the county executive, the voters of the county shall not elect a board of county commissioners, but shall instead elect a single county commissioner to serve as the county executive and shall elect a county council that has the legislative and fiscal powers and duties of the county. Specifies that if the ordinance is adopted by less than a unanimous vote of the entire membership of the county executive, a public question shall be held in the county on whether the executive and legislative structure of county government should be changed. Specifies that at least 2% of the voters of a county (other than Marion County) may file a petition with the county auditor to place on the ballot in the county a public question on whether the executive and legislative structure of county government should be changed. Provides that if the public question is approved after it is placed on the ballot either after adoption of an ordinance by less than a unanimous vote of the entire membership of the county executive or after a petition is submitted by the voters, the voters of the county shall not elect a board of county commissioners, but shall instead elect a single county commissioner to serve as the county executive and shall elect a county council that has the legislative and fiscal powers and duties of the county. |
| In Committee - first House |
SB0124 |
Local government reorganization.
Eliminates the requirement that a reorganization committee must be appointed to prepare the reorganization plan as part of a proposed local government reorganization. Provides that the legislative bodies of the reorganizing political subdivisions (rather than a reorganization committee) shall prepare the reorganization plan that must be adopted by the legislative bodies before the proposed reorganization is placed on the ballot. Repeals a provision: (1) requiring the consideration of a final reorganization plan; and (2) allowing voters to petition to have the final reorganization plan placed on the ballot; if a reorganization plan is not approved within one year after the reorganization plan is presented. |
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| Out of Committee - first House |
SB0127 |
Indiana public retirement system.
Makes required technical corrections and conforming amendments following the enactment of SEA 524-2011 (P.L.22-2011) and SEA 549-2011 (P.L.23-2011). (The introduced version of this bill was prepared by the pension management oversight commission.) |
| Out of Committee - first House |
SB0128 |
Administration of public retirement plans.
Requires the Indiana public retirement system (system) to pay the direct and indirect costs of the state board of accounts' examination of the public pension and retirement funds administered by the system. (Currently, only the teachers' retirement fund is required to pay these costs.) Urges the assignment to the pension management oversight commission the study of a reporting system for retirement plans of the state or a political subdivision not administered by the system. (Currently, these plans must report to the public employees' retirement fund (PERF) information necessary for the PERF actuary to perform an actuarial valuation of the plan.) |
| In Committee - first House |
SB0136 |
Fees for toll road emergency services.
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 department provides on the project. |
| In Committee - first House |
SB0159 |
Teacher union dues.
Prohibits a school employer from deducting union dues from a teacher's salary. Repeals a provision allowing a school employer to deduct union dues from a teacher's salary. |
| In Committee - first House |
SB0169 |
Municipal plates for fire protection territories.
Adds fire protection territories to the list of governmental entities that are exempt from the payment of registration fees for vehicles owned or leased and used for official business by the governmental entity. Exempts fire protection territories from the payment of: (1) motor vehicle excise tax; (2) excise tax on recreational vehicles and truck campers; and (3) commercial vehicle excise tax; on vehicles owned or leased and used for official business by a fire protection territory. |
| Out of Committee - first House |
SB0170 |
Nepotism; conflict of interest.
Specifies that the following are not lucrative offices: (1) Notary public. (2) Membership on a board administered by the professional licensing agency. Provides that an employee of a county, city, town, or township (unit) is considered to have resigned from employment with the unit if the employee assumes the elected executive office of the unit or becomes an elected member of the unit's legislative or fiscal body. Provides that an individual who is serving as a volunteer firefighter may not: (1) assume the office of executive of the unit; or (2) become a member of the executive, legislative, or fiscal body of the unit; that oversees the budget and operations of the fire department in which the volunteer firefighter serves. Specifies that an elected officer may also be appointed to and serve on a board, commission, or committee of the unit. Provides that the restriction does not prohibit an employee or volunteer firefighter from holding an elected office of another unit. Allows an employee or a volunteer firefighter who assumes or holds an elected office on January 1, 2013, to continue to hold the office and be employed by the unit or serve as a volunteer firefighter until the expiration of the term of office. Provides that relatives may not be employed by a unit in positions that result in one relative being in the direct line of supervision of the other relative. Provides that an individual who is employed by a unit on July 1, 2012, is not subject to the provisions regarding nepotism unless the individual has a break in employment with the unit. Provides that for purposes of the nepotism law, the performance of the duties of a precinct election officer or a volunteer firefighter is not considered employment by a unit |
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| In Committee - first House |
SB0174 |
Local government reorganization.
Requires that the plan prepared by a reorganization committee under the government reorganization statutes must include a fiscal impact analysis. Specifies the required contents of the fiscal impact analysis. Provides that the fiscal impact analysis must specify any estimated effects on political subdivisions in the county that are not participating in the reorganization and on taxpayers located in those political subdivisions. Requires a reorganization committee to submit the fiscal impact analysis to the department of local government finance (DLGF) at least six months before the election in which the public question will be on the ballot. Requires the DLGF to do the following within a reasonable time, but not later than 30 days before the public question: (1) Review the fiscal impact analysis. (2) Make any comments concerning the fiscal impact analysis that the DLGF considers appropriate. (3) Provide comments to the legislative body of the reorganizing political subdivisions and post the comments on the DLGF's Internet web site. Requires the reorganizing political subdivisions to pay the expenses incurred by the DLGF in carrying out the review and preparing the comments. Requires that a brief description of the reorganized political subdivision that will succeed the reorganizing political subdivisions must be placed on the ballot of the public question. Provides that if the county election board approves the language of a public question after June 30, 2012, the county election board shall submit the language to the DLGF for review. Requires the DLGF to review the language of the public question to: (1) evaluate whether the description of the reorganized political subdivision is accurate and not biased; and (2) |
| In Committee - first House |
SB0207 |
Police hiring age.
Increases the maximum age for appointment as a police officer from 36 to 40 years of age. |
| In Committee - first House |
SB0220 |
Public pension military service credit.
Grants, under certain conditions, up to six years of service credit in the teachers' retirement fund for a member's past active duty military service. Grants, under certain circumstances, up to six years of service credit for active duty military service to a member of the 1977 police officers' and firefighters' pension and disability fund. Provides that, except for World War II veterans, the service credit may be used only in the computation of benefits to be paid after June 30, 2014. Provides that for World War II veterans the service credit may be used only in the computation of benefits to be paid after June 30, 2012. |
| Out of Committee - first House |
SB0224 |
Emergency ambulance services report.
Requires the state department of health, the division of fire and building safety, and the Indiana emergency medical services commission to report to the health finance commission before October 1, 2012, concerning specified information on ambulances and emergency medical services. |
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| In Committee - first House |
SB0260 |
Firefighter training and elevator mechanics.
Repeals the statewide arson investigation financial assistance fund and transfers the money to the regional public safety training fund. Specifies that the board of firefighting personnel standards and education may adopt by reference the National Fire Protection Association code. Establishes requirements for elevator mechanic licenses issued after June 30, 2012. Amends expiration dates for elevator mechanic licenses. |
| Out of Committee - first House |
SB0269 |
Employee's right to work.
Makes it a Class A misdemeanor to require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees, or other charges to a labor organization; or (3) pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment. Establishes a separate private right of action for violations or threatened violations. Provides that the statute does not apply to federal employees, employees subject to certain federal laws, certain employees over whom the federal government has jurisdiction, state employees, and employees of a political subdivision. Provides that the statute does not apply to the extent it is in conflict with or preempted by federal law. |
| In Committee - first House |
SB0295 |
Local unit employee health insurance.
Requires a contracted, elected, or appointed public employee of a local unit to weekly submit an accounting of the number of hours the employee spent performing public employer business as a condition of the employee's eligibility for group health insurance. |
| In Committee - first House |
SB0307 |
Fire protection territories.
Codifies and makes permanent certain additional public hearing and information requirements that must be satisfied before the legislative body of a local unit can adopt an ordinance or a resolution to form a fire protection territory. (These additional requirements were enacted in P.L.172-2011, but under current law they are temporary and will expire on June 30, 2012.) Repeals the temporary provision. |
| In Committee - first House |
SB0345 |
Statewide 911 system.
Provides for the expiration on July 1, 2016, of provisions that: (1) establish a public safety communications system and computer facilities district in a county having a consolidated city; and (2) allow certain other counties to establish a public safety communications systems district. Provides for transitional provisions to ensure that all obligations incurred by a district before July 1, 2016, are satisfied according to their terms. Repeals the statutes concerning: (1) the emergency telephone system fee (assessed by counties or municipalities for enhanced 911 service for users of wireline telephone service); (2) enhanced wireless emergency telephone service (and the accompanying fee assessed statewide on users of wireless service to provide for enhanced 911 service); and (3) emergency telephone notification systems. In place of the systems established under these repealed and expired statutes, establishes a statewide 911 system. Establishes the 11 member statewide 911 board (board) to administer the new system. Provides that the treasurer of state serves as the chair of the board. Establishes the statewide 911 fund (fund). Appropriates money in the fund. Provides that the board shall administer the fund. Requires the board to impose a statewide 911 fee (fee) on each standard user of communications service in Indiana. Requires communications service providers to collect the fee as part of the monthly billing process. Requires the board to deposit the fees collected into the fund. Prohibits a state agency or a local governmental unit from imposing any additional fee relating to the provision of 911 service. Specifies the manner in which the board must distribute money from the fund to public safety answering points (PSAPs). Specifies the permissible uses of funds distributed to a PSAP. Allows a county to establish an emergency notification system. Requires a communications service provider to provide to a PSAP the necessary user data to enable the PSAP to implement and operate a 911 system. Provides that proprietary information submitted to the board is confidential. Retains those provisions from the repealed statute concerning enhanced wireless emergency telephone service that provided that after June 30, 2014, a county may not contain more than one PSAP. Specifies that funds remaining in: (1) the wireless emergency telephone system fund; (2) a county wireless emergency telephone system fund; or (3) a county or municipal wireline emergency telephone system fund; on July 1, 2012, are transferred to the statewide 911 fund. Makes conforming amendments. |
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| In Committee - first House |
SB0355 |
Distressed political subdivisions.
Provides that a taxing unit other than a school corporation (civil taxing unit) may file a petition with the distressed unit appeal board (board) seeking designation of the civil taxing unit as a distressed political subdivision, based on any one of several failures by the civil taxing unit to meet its financial obligations. Provides that if the board designates a civil taxing unit as a distressed political subdivision, the board shall appoint an emergency manager for the distressed political subdivision. Provides that an emergency manager of a distressed political subdivision has broad powers to effect the financial rehabilitation of the distressed political subdivision. Reduces the number of members on the board to three: (1) the director of the office of management and budget; (2) the commissioner of the department of local government finance; and (3) the state examiner of the state board of accounts. Repeals obsolete provisions of the distressed unit appeals board statute. |
| In Committee - first House |
SB0356 |
Officeholder qualifications.
Provides that an employee of a county, city, town, or township (unit) is considered to have resigned from employment with the unit if the employee assumes the elected executive office of the unit or becomes an elected member of the unit's legislative or fiscal body. Provides that an individual who is serving as a volunteer firefighter may not: (1) assume the office of executive of the unit; or (2) become an elected member of the executive, legislative, or fiscal body of the unit; that oversees the budget and operations of the fire department in which the volunteer firefighter serves. Provides, however, that an individual who holds an elected office of a unit may also be appointed to and serve on a board, commission, or committee of the unit, and that an employee of a unit or a volunteer firefighter serving a unit is not prohibited from holding an elected office of another unit. Allows an employee or a volunteer firefighter who assumes or holds an elected office on January 1, 2013, to continue to hold the office and be employed by the unit or continue to serve as a volunteer firefighter until the expiration of the term of the elected office that the employee or volunteer firefighter is serving on January 1, 2013. |
| In Committee - first House |
SB0367 |
PSAP fees.
Provides that a municipality or county otherwise prohibited from increasing its enhanced emergency telephone system fee until the unit's public service answering point (PSAP) is consolidated under an interlocal agreement containing certain provisions may increase its enhanced emergency telephone system fee after showing substantial progress toward consolidation by adopting an interlocal agreement that does not yet contain all the required provisions. Requires the unit to amend the interlocal agreement to include the remaining required provisions before January 1, 2016. Reduces the unit's enhanced emergency telephone system fee by the amount of the increase if the interlocal agreement is not amended as required before January 1, 2016. Provides that a PSAP may use money received from the wireless emergency enhanced 911 fee for a use permitted for an enhanced emergency telephone system fee. |
| In Committee - first House |
SB0371 |
Emergency medical services matters.
Renames "emergency medical technician-intermediate" as "advanced emergency medical technician". Deletes the term "emergency medical technician- basic advanced". Renames "first responders" as "emergency medical responders". Authorizes the Indiana emergency medical services commission (commission) to implement an emergency services personnel certification program through emergency rules. Requires that an emergency medical dispatcher must have completed training that meets specified standards and removes language in which the commission certified an emergency medical dispatch agency. Makes conforming amendments. |
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| In Committee - first House |
SB0380 |
Public employees and prohibited use of computers.
Prohibits state employees and employees of political subdivisions from using electronic mail addresses maintained by the state or political subdivisions if the electronic mail is advocating for a political candidate or advocating a political opinion or position. Prohibits state employees and employees of political subdivisions from using electronic mail addresses maintained by the state or political subdivisions to search for, view, or send sexually explicit material. |
| In Committee - first House |
SB0408 |
Public employees' defined contribution plan.
Requires an individual who, after the effective date of the public employees' defined contribution plan (plan), becomes a full-time employee of the state in a position that would otherwise be eligible for membership in the public employees' retirement fund to become a member of the plan. |
| In Committee - first House |
SB0411 |
Public employee salary limitation.
Provides that the salary paid from state or local appropriations to a public officer, employee, or contractor of the executive, legislative, and judicial branches of state government, state educational institutions, political subdivisions, or bodies corporate and politic of the state or a political subdivision may not exceed the salary paid to the governor, except that the salary of a contractor or employee of a state educational institution may be supplemented with amounts paid by or through an endowment that is not funded by taxes, fees, or appropriations of money from the treasury of the state or a political subdivision. |
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