FOP Other
Run Time: Thursday, Apr-02-2009, 10:57 PM
Collective bargaining for employees of the executive branch. (Kersey, Skinner,
Arnold)
Position: SUPPORT
Digest
Authorizes collective bargaining for certain employees of the executive branch of the
state. Establishes the public employees relations board to conduct elections and make
determinations concerning exclusive bargaining representatives and representation
matters. Allows an elected state officer to opt in to collective bargaining for the
officer's employees. Establishes 11 statewide bargaining units, and requires the
director of the state personnel department to determine each employee's bargaining
unit assignment. Provides that an employee who threatens, encourages, or participates
in a strike, slowdown, or other interruption may be dismissed and would be ineligible
for rehiring for at least one year. Provides that an employee organization that
threatens, encourages, or participates in a strike, slowdown, or other interruption is
decertified as an exclusive bargaining representative for at least one year. Reinstates
the settlements between the state and employee organizations that were rescinded by
Executive Order 05-14.
P HB1057 Date Action
01/07/2009 H: Author Added Clyde Kersey
01/07/2009 H: 1st Reading Assigned Labor and Employment
01/12/2009 H: Co Author Added David L. Niezgodski
01/13/2009 H: Committee Sched 8:30 AM Room 156 A Labor and Employment
01/13/2009 H: Committee Action Pass(6-4) Labor and Employment
01/14/2009 H: Co Author Added Ron Herrell
01/16/2009 H: Committee Report do pass, adopted
01/16/2009 H: Referred Referred to Ways and Means
02/02/2009 H: Committee Sched 8:30 AM Room 404 Ways and Means
02/02/2009 H: Committee Action Pass(14-9) Ways and Means
02/03/2009 H: Committee Report do pass, adopted
02/10/2009 H: 2nd Reading Amended Order Engrossed
02/10/2009 H: Amendment #1 (Kersey), prevailed; Voice Vote
02/17/2009 H: 3rd Reading Pass (51-46)
02/17/2009 H: Sponsor Added Timothy D. Skinner
02/17/2009 H: Sponsor Added Jim Arnold
02/19/2009 S: 1st Reading Assigned Pensions and Labor
Notes
Waiting for a Hearing in the Senate.
Public safety survivors tuition and fee exemption. (Tyler, M. Young, Errington,
Arnold)
Position: SUPPORT
Digest
Exempts the children of a public safety officer who is killed in the line of duty from
the payment of tuition and regularly assessed fees for up to eight semesters at a state
educational institution or technical school. Provides that the exemption applies to a
child who is younger than 24 years of age on the date of the public safety officer's
death, and limits the amount of the exemption to the cost of an undergraduate credit
hour at the state educational institution or technical school where the child enrolls.
(Currently, the children must be younger than 23 years of age to use the benefit.)
Date Action
01/12/2009 H: Author Added Dennis Tyler
01/12/2009 H: 1st Reading Assigned Veterans Affairs and Public Safety
01/16/2009 H: Co Author Added Tim Neese
H: Committee 8:30 AM Room 156 B Veterans Affairs and Public
02/12/2009
Sched Safety
HB1165
H: Committee Pass Amend(8-2) Veterans Affairs and Public
02/12/2009
Action Safety
H: Committee
02/16/2009 amend do pass, adopted
Report
02/19/2009 H: 2nd Reading Order Engrossed
02/20/2009 H: Co Author Added Charles Moseley
02/20/2009 H: Co Author Added Douglas Gutwein
02/23/2009 H: 3rd Reading Pass (81-16)
02/23/2009 H: Sponsor Added R. Michael Young
02/23/2009 H: Sponsor Added Sue Errington
02/23/2009 H: Sponsor Added Jim Arnold
02/23/2009 H: Co Sponsor Added Robert J. Deig
02/24/2009 S: 1st Reading Assigned Education and Career Development
S: Committee 1:30 PM Room 431 Education and Career
03/04/2009
Sched Development
S: Committee
03/04/2009 Pass(11-0) Education and Career Development
Action
03/05/2009 S: Committee do pass, adopted
Report
03/17/2009 S: Co Sponsor Added Connie W. Sipes
03/17/2009 S: 2nd Reading Amended Order Engrossed
03/17/2009 S: Amendment #3 (M. Young), prevailed; Voice Vote
03/17/2009 S: Amendment #1 (Sipes), prevailed; Voice Vote
03/19/2009 S: 3rd Reading Pass (49-0)
03/19/2009 S: Ret 1st House Amendments
03/19/2009 S: Co Sponsor Added Sue Landske
03/19/2009 S: Co Sponsor Added Lonnie Randolph
Notes
Huge bill for surviving children of officers killed in the line of duty. Should soon be
on its way to the Governor...we hope.
First responder right to vote. (Pearson, Hume, Wyss, Holdman)
Position: SUPPORT
Digest
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.
Date Action
01/13/2009 H: Author Added Joe Pearson
01/13/2009 H: 1st Reading Assigned Elections and Apportionment
HB1346 3:30 PM Room 156 A Elections and
01/28/2009 H: Committee Sched
Apportionment
01/29/2009 H: Co Author Added Kreg Battles
H: Committee
02/02/2009 do pass, adopted
Report
02/05/2009 H: 2nd Reading Order Engrossed
02/09/2009 H: 3rd Reading Pass (97-0)
02/09/2009 H: Sponsor Added Lindel O. Hume
02/09/2009 H: Sponsor Added Thomas J. Wyss
02/09/2009 H: Sponsor Added Travis Holdman
02/09/2009 H: Co Author Added P. Eric Turner
02/19/2009 S: 1st Reading Assigned Elections
03/16/2009 S: Committee Sched 10:00 AM Room 125 Elections
03/16/2009 S: Co Sponsor Added R. Michael Young
03/16/2009 S: Co Sponsor Added Frank Mrvan, Jr.
03/19/2009 S: Co Sponsor Added Jim Arnold
03/30/2009 S: Committee Sched 10:00 AM Room 130 Elections
04/06/2009 S: Committee Sched 10:00 AM Room 130 Elections
Notes
Good bill for first responders.
Unlawful manufacture or sale of police or fire insignias. (Tincher, Waterman, Arnold)
Position: SUPPORT
Digest
Makes it unlawful manufacture or sale of a police or fire insignia, 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 a: (1) 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) Class B felony if the person commits the offense with the
knowledge or intent that the badge or employment identification will be used to
P HB1428 commit an offense involving weapons of mass destruction.
Date Action
01/13/2009 H: Author Added Vern Tincher
01/13/2009 H: Co Author Added Cleo Duncan
01/13/2009 H: 1st Reading Assigned Veterans Affairs and Public Safety
H: Committee 8:30 AM Room 156 B Veterans Affairs and Public
02/05/2009
Sched Safety
H: Committee 8:30 AM Room 156 B Veterans Affairs and Public
02/12/2009
Sched Safety
H: Committee Pass Amend(9-0) Veterans Affairs and Public
02/12/2009
Action Safety
H: Committee
02/16/2009 amend do pass, adopted
Report
02/23/2009 H: 2nd Reading Order Engrossed
02/23/2009 H: Amendment #1 (Walorski), ruled out of order
02/25/2009 H: 3rd Reading Pass (94-2)
02/25/2009 H: Sponsor Added John M. Waterman
02/25/2009 H: Sponsor Added Jim Arnold
03/03/2009 S: 1st Reading Assigned Corrections, Criminal, and Civil Matters
S: Committee 9:00 AM Room 130 Corrections, Criminal, and
03/10/2009
Sched Civil Matters
S: Committee
03/10/2009 amend do pass, adopted
Report
S: Committee Pass Amend(6-1) Corrections, Criminal, and Civil
03/10/2009
Action Matters
03/16/2009 S: 2nd Reading Order Engrossed
03/17/2009 S: 3rd Reading Pass (43-6)
03/17/2009 S: Ret 1st House Amendments
Notes
Still alive. Passed Committee 3-10-009. Passed Senate 3-17-09 with Amendment.
Returned to first House for approval.
Divestment of public pension investments. (Niezgodski, Kruse, Alting, Deig)
Position: SUPPORT
Digest
Requires the public employees' retirement fund (PERF) and the state teachers'
retirement fund (TRF), in the capacity of shareholders, to contact companies with
certain business activities in a state that sponsors terror and request that the
companies cease those business activities or convert the business activities to inactive
business operations. Requires PERF and TRF to sell, redeem, divest, or withdraw
investments in a company that is unresponsive to the requests. Prohibits PERF and
TRF from acquiring securities of certain companies that have active business
HB1547 operations in a state that sponsors terror. Provides for certain exceptions for social
development companies operating in a state that sponsors terror. Requires PERF and
TRF to report to the general assembly any investments with a company with business
operations in a state that sponsors terror. (The introduced version of this bill was
prepared by the pension management oversight commission.)
Date Action
01/16/2009 H: Author Added David L. Niezgodski
01/16/2009 H: 1st Reading Assigned Labor and Employment
01/27/2009 H: Committee Sched 8:30 AM Room 156 A Labor and Employment
01/27/2009 H: Committee Action Pass(11-0) Labor and Employment
01/29/2009 H: Committee Report amend do pass, adopted
01/29/2009 H: Referred Referred to Ways and Means
02/04/2009 H: Committee Sched 9:00 AM Room 404 Ways and Means
02/04/2009 H: Committee Action Pass(18-0) Ways and Means
02/09/2009 H: Committee Report do pass, adopted
02/09/2009 H: Co Author Added Douglas Gutwein
02/12/2009 H: 2nd Reading Order Engrossed
02/16/2009 H: 3rd Reading Pass (98-0)
02/16/2009 H: Sponsor Added Dennis K. Kruse
02/16/2009 H: Sponsor Added Ron Alting
02/16/2009 H: Sponsor Added Robert J. Deig
02/16/2009 H: Co Sponsor Added John E. Broden
02/16/2009 H: Co Sponsor Added Karen Tallian
02/23/2009 S: 1st Reading Assigned Pensions and Labor
04/01/2009 S: Committee Sched 10:00 AM Room 233 Pensions and Labor
Notes
Passed both Houses and returned to the first House for approval.
Sheriff's pension and prior fund contributions. (Day, Arnold, Charbonneau)
Position: Support
Digest
Allows an employee beneficiary of a sheriff's retirement plan (plan) to transfer certain
amounts from a prior public retirement fund to purchase service credit. Provides that a
transfer cannot exceed the amount necessary to fund the service purchase and that any
amounts in the prior public retirement fund after the transfer shall remain subject to
the prior public retirement fund's provisions. Requires an employee beneficiary to
earn the years of credited service in the plan necessary to receive an unreduced
pension benefit before the employee beneficiary may receive a benefit based on the
HB1610 service purchased by the amount transferred. Provides that, if an employee
beneficiary withdraws the transferred amount from the plan, an adjustment of the
pension benefit payable to an employee beneficiary is required to ensure that the plan
remains actuarially cost neutral to the county. Allows an employee beneficiary who
purchases permissive service credit in the plan to roll over a distribution from certain
retirement accounts in order to fund the employee beneficiary's purchase. Allows the
plan to accept, on behalf of an employee beneficiary who purchases permissive
service credit in the plan, a trustee to trustee transfer from certain retirement accounts
in order to fund the employee beneficiary's purchase.
Date Action
01/16/2009 H: Author Added John Day
01/16/2009 H: Co Author Added Linda Lawson
01/16/2009 H: 1st Reading Assigned Labor and Employment
02/16/2009 H: Co Author Added Charles Moseley
02/18/2009 H: Committee Sched 1:30 PM Room 156 B Labor and Employment
02/18/2009 H: Committee Action Pass Amend(12-0) Labor and Employment
02/19/2009 H: Committee Report amend do pass, adopted
02/23/2009 H: 2nd Reading Order Engrossed
02/25/2009 H: 3rd Reading Pass (97-0)
02/25/2009 H: Sponsor Added Jim Arnold
02/25/2009 H: Sponsor Added Edward E. Charbonneau
03/03/2009 S: 1st Reading Assigned Pensions and Labor
03/11/2009 S: Committee Sched 9:00 AM Room 233 Pensions and Labor
03/18/2009 S: Committee Action Pass Amend(9-0) Pensions and Labor
03/19/2009 S: Committee Report amend do pass, adopted
03/23/2009 S: 2nd Reading Order Engrossed
03/31/2009 S: 3rd Reading Pass (48-0)
03/31/2009 S: Ret 1st House Amendments
Notes
Passed Senate Committee 3-18-09. Passed Second Reading.
1977 pension fund military service credit. (Hume, M. Young, Kersey)
Position: SUPPORT
Digest
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.)
SB0025 Date Action
01/07/2009 S: Author Added R. Michael Young
01/07/2009 S: 1st Reading Assigned Pensions and Labor
01/21/2009 S: Committee Sched 9:00 AM Room 233 Pensions and Labor
9:00 AM Room Senate Chamber Pensions and
02/04/2009 S: Committee Sched
Labor
02/04/2009 S: Committee Action Pass(11-0) Pensions and Labor
S: Committee
02/05/2009 do pass, adopted
Report
02/09/2009 S: 2nd Reading Order Engrossed
02/10/2009 S: 3rd Reading Pass (50-0)
02/10/2009 S: Sponsor Added Clyde Kersey
02/10/2009 S: Co Sponsor Added Tom Dermody
02/10/2009 S: 2nd Author Added Carlin Yoder
02/10/2009 S: Author Added Lindel O. Hume
02/25/2009 H: 1st Reading Assigned Labor and Employment
03/24/2009 H: Committee Sched 8:30 AM Room 156 A Labor and Employment
H: Committee
03/24/2009 do pass, adopted
Report
H: Committee
03/24/2009 Pass(12-0) Labor and Employment
Action
03/26/2009 H: 2nd Reading Order Engrossed
03/30/2009 H: 3rd Reading Pass (95-0)
03/30/2009 H: Ret 1st House No Amendments
04/02/2009 S: Signed By the President Pro Tem
Notes
Good Bill. Should be on its way to the Governor soon.
Jurisdiction of university and college police. (Lanane, Alting, Niezgodski)
Position: SUPPORT
Digest
Provides that university and college police may exercise their police powers in any
part of Indiana if they are engaged in the discharge of official duties and the
educational institution employing the officer has not restricted or limited the exercise
of the officer's official powers.
Date Action
SB0054
01/07/2009 S: Author Added Tim Lanane
01/07/2009 S: 1st Reading Assigned Corrections, Criminal, and Civil Matters
01/26/2009 S: 2nd Author Added Randy Head
01/26/2009 S: Author Added Ron Alting
S: Committee 9:00 AM Room 130 Corrections, Criminal, and
02/10/2009
Sched Civil Matters
S: Committee Pass Amend(10-1) Corrections, Criminal, and Civil
02/10/2009
Action Matters
S: Committee
02/12/2009 amend do pass, adopted
Report
02/16/2009 S: 2nd Reading Order Engrossed
02/17/2009 S: 3rd Reading Pass (39-11)
02/17/2009 S: Sponsor Added David L. Niezgodski
02/17/2009 S: Co Sponsor Added Don Lehe
02/25/2009 H: 1st Reading Assigned Rules and Legislative Procedures
03/12/2009 H: Co Sponsor Added John Barnes
Notes
Good Bill. Waiting on a hearing in the Senate.
Law enforcement training board. (Arnold, Niezgodski)
Digest
Reduces from 11 to nine the number of members required for a quorum for the law
enforcement training board (board). Reduces from 11 to nine the number of
affirmative votes required for the board to take action.
Date Action
01/07/2009 S: Author Added Jim Arnold
01/07/2009 S: 1st Reading Assigned Pensions and Labor
01/08/2009 S: Co Author Added Dennis K. Kruse
01/08/2009 S: Co Author Added Robert J. Deig
01/08/2009 S: Co Author Added Richard D. Young, Jr.
01/12/2009 S: 2nd Author Added Lonnie Randolph
SB0173 S: Committee 9:00 AM Room Senate Chambers Pensions and
01/14/2009
Sched Labor
01/14/2009 S: Co Author Added Karen Tallian
S: Committee
01/21/2009 9:00 AM Room 233 Pensions and Labor
Sched
S: Committee
01/21/2009 Pass Amend(8-0) Pensions and Labor
Action
S: Committee
01/22/2009 amend do pass, adopted
Report
01/26/2009 S: 2nd Author Removed Lonnie Randolph
01/26/2009 S: Co Author Added Lonnie Randolph
01/26/2009 S: 2nd Author Added Brent Steele
01/26/2009 S: 2nd Reading Order Engrossed
01/27/2009 S: 3rd Reading Pass (50-0)
01/27/2009 S: Sponsor Added David L. Niezgodski
01/27/2009 S: Co Sponsor Added John Bartlett
02/25/2009 H: 1st Reading Assigned Government and Regulatory Reform
03/12/2009 H: Co Sponsor Added John Barnes
H: Committee Upon Adjournment Room 156 B Government and
04/02/2009
Sched Regulatory Reform
Electronic devices while operating a motor vehicle. (Wyss, Breaux, Tincher)
Digest
Provides that a person who uses a handheld device while operating a motor vehicle as
a public passenger chauffeur commits a Class C infraction. (The introduced version of
this bill was prepared by the interim study committee on learner's permits and
graduated driver's licenses.)
Date Action
Assigned Homeland Security and Transportation &
01/07/2009 S: 1st Reading
Veterans Affairs
01/07/2009 S: Author Added Thomas J. Wyss
01/07/2009 S: Author Added Jean Breaux
01/13/2009 S: 2nd Author Removed Jean Breaux
01/13/2009 S: 2nd Author Added James W. Merritt, Jr.
SB0196 01/13/2009 S: Author Added Jean Breaux
S: Committee 9:30 AM Room Senate Chamber Homeland Security
01/27/2009
Sched and Transportation & Veterans Affairs
S: Committee Pass Amend(10-0) Homeland Security and
01/27/2009
Action Transportation & Veterans Affairs
S: Committee
01/29/2009 amend do pass, adopted
Report
02/02/2009 S: 2nd Reading Order Engrossed
02/03/2009 S: 3rd Reading Call withdrawn
02/03/2009 S: 3rd Reading Return to 2nd Reading
02/09/2009 S: 2nd Reading Amended Order Engrossed
02/09/2009 S: Amendment #2 (Wyss), prevailed; Voice Vote
02/10/2009 S: 3rd Reading Pass (41-9)
02/10/2009 S: Sponsor Added Vern Tincher
02/10/2009 S: Co Sponsor Added Cleo Duncan
02/25/2009 H: 1st Reading Assigned Interstate and International Cooperation
Public safety chaplain death benefit. (Kruse, Niezgodski)
SB0266
Digest
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.)
Date Action
01/07/2009 S: Author Added Dennis K. Kruse
01/07/2009 S: 1st Reading Assigned Pensions and Labor
01/08/2009 S: 2nd Author Added Ryan D. Mishler
02/11/2009 S: Committee Sched 9:00 AM Room 233 Pensions and Labor
02/18/2009 S: Committee Sched 9:00 AM Room 233 Pensions and Labor
02/18/2009 S: Committee Action Pass(9-0) Pensions and Labor
02/19/2009 S: Committee Report do pass, adopted
02/23/2009 S: 2nd Reading Order Engrossed
02/23/2009 S: Co Author Added Travis Holdman
02/24/2009 S: 3rd Reading Pass (49-0)
02/24/2009 S: Sponsor Added David L. Niezgodski
02/24/2009 S: Co Sponsor Added Woody Burton
02/24/2009 S: Co Sponsor Added William 'Bill' J. Ruppel
02/24/2009 S: Co Sponsor Added Dennis Tyler
03/02/2009 H: 1st Reading Assigned Government and Regulatory Reform
Line of duty disability from Parkinson's disease. (Merritt, Tallian, Sullivan)
Position: SUPPORT
Digest
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.)
SB0376
Date Action
01/08/2009 S: Author Added James W. Merritt, Jr.
01/08/2009 S: 1st Reading Assigned Pensions and Labor
01/14/2009 S: Co Author Added Robert J. Deig
S: Committee
02/11/2009 9:00 AM Room 233 Pensions and Labor
Sched
S: Committee
02/18/2009 9:00 AM Room 233 Pensions and Labor
Sched
02/18/2009 S: Committee Pass(8-0) Pensions and Labor
Action
S: Committee
02/19/2009 do pass, adopted
Report
02/19/2009 S: 2nd Author Added Thomas J. Wyss
02/19/2009 S: Author Added Karen Tallian
02/19/2009 S: Co Author Added Jim Arnold
02/23/2009 S: 2nd Reading Order Engrossed
02/24/2009 S: 3rd Reading Pass (49-0)
02/24/2009 S: Sponsor Added Mary Ann Sullivan
02/24/2009 S: Co Author Added Lonnie Randolph
03/03/2009 H: 1st Reading Assigned Veterans Affairs and Public Safety
H: Committee 8:30 AM Room 156 B Veterans Affairs and Public
03/12/2009
Sched Safety
03/12/2009 H: Co Sponsor Added Charles Moseley
H: Committee Pass Amend(10-0) Veterans Affairs and Public
03/12/2009
Action Safety
H: Committee
03/16/2009 amend do pass, adopted
Report
03/23/2009 H: 2nd Reading Order Engrossed
03/24/2009 H: Co Sponsor Added John Barnes
03/26/2009 H: 3rd Reading Pass (97-2)
03/26/2009 H: Co Sponsor Added William 'Bill' J. Ruppel
03/26/2009 H: Ret 1st House Amendments
Notes
Good bill for Police and Fire. Passed House with amendment and returned to the
Senate for approval.
Traffic infraction detection systems. (Rogers, Mishler, VanDenburgh)
Digest
Allows a county, city or town to adopt and enforce an ordinance that regulates the
placement and use of traffic infraction detection systems on all local, county, and
state highways within its municipal boundaries Requires dismissal of a citation based
SB0389
on a traffic infraction detection system that does not comply with installation,
maintenance, or operational requirements. Prohibits a violation based on a report from
a traffic infraction detection system from being used to determine insurance rates.
Requires that the civil penalty imposed for a violation based on a report from a traffic
infraction detection system be applied to defray the cost of the system, and that
remaining funds be deposited in the local road and street fund, the county or local law
enforcement continuing education fund, and the local police equipment fund. Makes
conforming changes. Repeals a superseded definition.
Date Action
01/08/2009 S: Author Added Earline S. Rogers
01/08/2009 S: Author Added Ryan D. Mishler
Assigned Homeland Security and Transportation &
01/08/2009 S: 1st Reading
Veterans Affairs
01/13/2009 S: Co Author Added Thomas J. Wyss
S: Committee 9:30 AM Room 233 Homeland Security and
02/10/2009
Sched Transportation & Veterans Affairs
S: Committee Pass Amend(7-3) Homeland Security and
02/10/2009
Action Transportation & Veterans Affairs
S: Committee
02/12/2009 amend do pass, adopted
Report
02/12/2009 S: Co Author Added Jim Arnold
02/16/2009 S: 2nd Reading Order Engrossed
02/16/2009 S: Co Author Added Sue Errington
02/17/2009 S: 3rd Reading Pass (28-22)
02/17/2009 S: Sponsor Added Shelli VanDenburgh
02/25/2009 H: 1st Reading Assigned Interstate and International Cooperation
Kernan-Shepard election provisions. (Lawson, Bartlett)
Position: Oppose
Digest
Moves elections of municipal officers to even-numbered years. Places city offices on
the primary and general election ballots before (rather than after) township offices.
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
SB0452 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. Provides that an electronic poll list must be programmed so that access to
the list requires the coordinated action of two precinct election officials who are not
members of the same political party. Allows an electronic poll list used at a vote
center to include an electronic image of the voter's signature, if available. Authorizes
a precinct election board administering an election at a vote center to report the vote
totals by precinct on election night. 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 beginning in
2010. Requires a city clerk-treasurer in a third class city, who is the fiscal officer of
the city, to attend training provided by the state board of accounts concerning a fiscal
officer's duties and responsibilities. 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.
Date Action
01/14/2009 S: Author Added Connie Lawson
01/14/2009 S: 1st Reading Assigned Elections
01/15/2009 S: 2nd Author Added Edward E. Charbonneau
S: Committee
01/26/2009 9:00 AM Room 130 Elections
Sched
S: Committee
02/09/2009 10:00 AM Room 130 Elections
Sched
S: Committee
02/09/2009 Pass Amend(8-3) Elections
Action
S: Committee
02/10/2009 amend do pass, adopted
Report
02/12/2009 S: 2nd Reading Order Engrossed
02/16/2009 S: 3rd Reading Pass (32-18)
02/16/2009 S: Sponsor Added Kreg Battles
02/16/2009 S: Co Sponsor Added Kathy Kreag Richardson
02/16/2009 S: Co Author Added Teresa S. Lubbers
02/16/2009 S: Co Author Added Brent Steele
02/16/2009 S: Co Author Added Mike Delph
02/16/2009 S: Co Author Added Marlin Stutzman
02/25/2009 H: 1st Reading Assigned Government and Regulatory Reform
03/09/2009 H: Co Sponsor Added Jerry Torr
H: Committee 8:30 AM Room House Chamber Government and
03/10/2009
Sched Regulatory Reform
03/31/2009 H: Sponsor Removed Kreg Battles
03/31/2009 H: Sponsor Added John Bartlett
H: Committee Upon Adjournment Room 156 B Government and
04/02/2009
Sched Regulatory Reform
Notes
Takes away the rights of our members. 2-20-09 entry...there has been much confusion
about the bill. Make no mistake, it is BAD, BAD, BAD for our members but it is
prospective so that those currently holding subject elected positions will not be
effected for their term and as long as they are reelected. We are working diligently to
defeat or amend. Bill defeated in House Committee. It could rise again through
Conference Committees.
Elimination of townships. (Lawson, Bartlett)
Digest
Specifies that after December 31, 2012, in a county not having a consolidated city: (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.
Provides an exception for a township that is involved in a reorganization under the
government modernization statutes. Specifies that in such a township: (1) the
township board remains in existence and retains its powers and duties until the
effective date of the reorganization plan is approved; (2) if the township board adopts
a resolution declining to participate in the proposed reorganization or if the
reorganization is otherwise terminated, the township board is abolished on the later of
January 1, 2013, or January 1 of the year following the year in which resolution
declining to participate is adopted or the reorganization is otherwise terminated; and
SB0512 (3) if the proposed reorganization is not completed before January 1, 2017, the
township board is abolished on that day. Provides that when formulating an annual
budget, a township must consider: (1) the ending balance that will remain in each
township fund relative to the budgeted expenditures from the fund; and (2) whether
the part of the balance in excess of 10% of budgeted expenditures should be used
instead of imposing additional property taxes for the ensuing year. Requires the
department of local government finance to consider those factors when reviewing a
township's budget, tax rate, and tax levy. Prohibits a relative of a township officer or
employee from being employed by the township in a position that would put the
relative in a direct supervisory or subordinate relationship with the officer or
employee. Provides that a township employee who marries another township
employee may not continue in the same position if the employee would have a direct
supervisory or subordinate relationship with the employee's spouse. Specifies that
until January 1, 2011, a township employee is not required by these provisions to be
terminated or reassigned from any position held by that individual before July 1,
2009. Requires the state board of accounts to annually prepare a report that includes
certain information regarding each township. Requires the report to be submitted to
the executive director of the legislative services agency and to county councils.
Specifies that each township office must include the address, phone number, and
regular office hours (if any) of the township office in at least one local telephone
directory. Provides that a public meeting or a public hearing of a township official or
governing body may not be held in a private residence. Requires a township trustee's
annual report to list separately each expenditure that is made to reimburse the
township trustee for the township trustee's use of personal property for public
business, including any reimbursements made for the use of a private residence,
personal telephone, or personal vehicle for public business.
Date Action
01/15/2009 S: Author Added Connie Lawson
01/15/2009 S: 1st Reading Assigned Local Government
1:30 PM Room Senate Chamber Local
02/11/2009 S: Committee Sched
Government
02/18/2009 S: Committee Sched 1:30 PM Room 130 Local Government
S: Committee
02/18/2009 Pass Amend(9-2) Local Government
Action
S: Committee
02/19/2009 amend do pass, adopted
Report
02/19/2009 S: 2nd Author Added Phil Boots
02/23/2009 S: 2nd Reading Amended Order Engrossed
02/23/2009 S: Amendment #3 (Waltz), prevailed; Voice Vote
02/23/2009 S: Amendment #9 (Kruse), failed; (21-28)
02/23/2009 S: Amendment #4 (Lawson), prevailed; (26-22)
02/24/2009 S: 3rd Reading Pass (28-22)
02/24/2009 S: Sponsor Added Dan C. Stevenson
02/24/2009 S: Co Sponsor Added Jerry Torr
02/24/2009 S: Co Sponsor Added Ed Delaney
03/02/2009 H: 1st Reading Assigned Government and Regulatory Reform
03/03/2009 H: Co Sponsor Added Mary Ann Sullivan
03/24/2009 H: Sponsor Removed Dan C. Stevenson
03/24/2009 H: Sponsor Added John Bartlett
03/24/2009 H: Co Sponsor Added Dan C. Stevenson
Notes
Watch this one. Essentially abolishes Township Government AND establishes a
County Wide Public Safety Planning Board. Awaits a hearing in the House.
SB0535 Indiana public retirement system. (Kruse, Niezgodski)
Digest
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. Requires a trustee to
complete annually at least 12 hours of trustee education. 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. Requires the director to employ managers for PERF and TRF.
Allows the director to employ managers for one or more of the other public retirement
funds of the system. 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.
Date Action
01/15/2009 S: Author Added Dennis K. Kruse
01/15/2009 S: 1st Reading Assigned Pensions and Labor
01/21/2009 S: Committee Sched 9:00 AM Room 233 Pensions and Labor
01/22/2009 S: Co Author Added Jim Arnold
01/22/2009 S: Co Author Added Karen Tallian
01/22/2009 S: 2nd Author Added Ryan D. Mishler
9:00 AM Room Senate Chamber Pensions and
02/04/2009 S: Committee Sched
Labor
02/11/2009 S: Committee Sched 9:00 AM Room 233 Pensions and Labor
S: Committee
02/11/2009 Pass Amend(9-0) Pensions and Labor
Action
S: Committee
02/12/2009 amend do pass, adopted
Report
02/16/2009 S: 2nd Reading Order Engrossed
02/16/2009 S: Amendment #1 (Tallian), failed; (16-32)
02/19/2009 S: 3rd Reading Pass (50-0)
02/19/2009 S: Sponsor Added David L. Niezgodski
02/19/2009 S: Co Sponsor Added Jerry Torr
03/03/2009 H: 1st Reading Assigned Labor and Employment
Various tax matters. (Hershman, Welch)
Digest
Makes changes to bring Indiana in conformance with the Streamlined Sales and Use
Tax Agreement as amended through September 5, 2008. Updates the definition of
"gross retail income" to coincide with the definition of "sales price". Requires the use
tax to be paid at the time of registering a watercraft that is a United States Coast
Guard documented vessel. Requires new retail merchants to file returns and remit
sales tax electronically. Provides relief for retail merchants if there is a change in the
sales and use tax rate. Makes permanent the sourcing rule for floral deliveries
providing that a sale is sourced to the location of the florist where the order originated
when the sale involves one florist taking an order and transferring the order to another
florist for delivery to the final recipient. Provides that the sale of Internet access
service or certain ancillary service telecommunication services are sourced to the
customer's place of primary use. Requires refiners, terminal operators, and qualified
distributors to remit prepaid state gross retail taxes through the department's online
tax filing system. Requires the department of state revenue to determine a new sales
tax prepayment rate on gasoline every three months. Eliminates the requirement to
publish the prepayment rate change in the Indiana Register. Allows the department of
state revenue, subject to office of management and budget approval, to make a new
prepayment rate determination if the price of gasoline has changed by at least 25%
SB0541 since the most recent determination. Uses 80% instead of 90% of the estimated tax
liability in making the determination. Provides that an inheritance tax lien terminates
on the earlier of: (1) the date the inheritance tax is paid; (2) when certain affidavits are
filed specifying that no tax is due; or (3) ten years (rather than five years, under
current law) after the date of the decedent's death. Changes the inheritance tax interest
accrual date. Provides that September 1 is the deadline for International Fuel Tax
Agreement applications to be filed in order to receive the permit by January 1. Allows
a repair and maintenance permit to be used by unregistered off-road vehicles to move
from and to a quarry or mine for the purpose of repair. Requires the department of
state revenue (department) to post on the department's web site the name of every
registered retail merchant that has not renewed its retail merchant certificate or whose
certificate has been revoked. Provides that a foreign real estate investment trust that
has a tax treaty with the United States or a listed property trust will not be included in
the add back to adjusted gross income as a captive REIT. Adds a definition of "pass
through entity". Provides that income from a pass through entity shall be
characterized in a manner consistent with the income's characterization for federal
income tax purposes and attributed to Indiana as if the person, corporation, or pass
through entity that received the income had directly engaged in the income producing
activity. Provides that an individual may claim a deduction for state income tax
purposes for property taxes that: (1) were imposed on the individual's principal place
of residence for the March 1, 2007, assessment date or the January 15, 2008,
assessment date; (2) are due after December 31, 2008; and (3) are paid in 2009 on or
before the due date for the property taxes. For purposes of the tax credit for
contributions to the college choice 529 education savings plan: (1) defines
"contribution" to exclude rollovers from other 529 savings plans; and (2) excludes
value added to the account through earnings of bonus points. Allows the department
of state revenue to disallow the 529 savings plan income tax credit if tax avoidance is
the principal purpose of the contribution. Includes vehicles that operate on biodiesel
or diesel fuel for purposes of the Hoosier alternative fuel vehicle manufacturer
income tax credit. Provides that the ability to opt out of electronic filing when using a
paid tax preparer is available only to a taxpayer who claims the additional exemption
for the elderly or who has opted out of participating in federal Social Security
programs because of religious beliefs. Requires all new withholding tax registrants to
file returns and remit the withholding taxes electronically through the department's
online tax filing program. Provides that for winnings that exceed $1,200 on gambling
games at racetracks, the operator is required to withhold adjusted gross income tax
from the winnings. Amends the county adjusted gross income tax, county option
income tax, and county economic development income tax statutes to provide that the
budget agency (rather than the department) certifies the revenue distribution to
counties. Requires the department to provide relief under the gasoline tax statutes
where a shipment of gasoline is legitimately diverted from the represented destination
state after the shipping paper has been issued by the terminal operator or where the
terminal operator failed to cause proper information to be printed on the shipping
paper. Repeals the requirement that a person must obtain an import verification
number in certain circumstances to import special fuel into Indiana. Specifies that
road tractors are included in the definition of "commercial vehicle" for purposes of
the commercial vehicle excise tax. Provides that a taxing unit's calendar year
commercial motor vehicle excise tax distribution is based on the amount of tax
collected in the preceding state calendar year (rather than 105% of the prior year's
base revenue). Provides that a county's base revenue for purposes of the commercial
motor vehicle excise tax is equal to its distribution percentage multiplied by the
amount of tax revenue collected in the preceding state fiscal year. Requires an airport
operator to submit reports to the department listing aircraft stationed at the airport.
Provides that if the airport operator submits an incomplete report, the airport operator
is subject to a civil penalty of $100 per aircraft not properly included in the report.
Specifies that the department has the sole authority to furnish forms used in the
reporting of information in an electronic format. Allows the department to use
statistical sampling in audits. Provides that if the taxpayer and the department agree
on a sampling method to be used, the sampling method is binding on both parties.
Specifies that if the department erroneously issues a refund check to a taxpayer, the
department has two years from the time of issuing the erroneous refund to issue a
proposed assessment. Requires (rather than allows) a taxpayer to round to the nearest
dollar amount on income tax returns. Provides that partnerships and trusts are subject
to the 20% penalty for failure to withhold and remit taxes required to be withheld for
nonresident partners or nonresident beneficiaries. Provides that if a person has had
more than one payment to the department returned for insufficient funds, the
department may require that all future payments for all listed taxes be remitted with
guaranteed funds. Allows the department to require a taxpayer that is on a payment
plan for sales or withholding tax liabilities to make the payment using an automatic
withdrawal from the person's bank account. Adds the utility receipts tax to the taxes
for which a six, versus a three, year limit on assessment applies if gross receipts are
understated by at least 25%. Exempts beer brand and packaged type from the
department's confidentiality law. Provides that the legislative services agency may
have access to employer specific information (ES202 data) for revenue forecasting.
Provides a refund of gross income taxes erroneously paid for 2003 and 2004 by a
town if the town also paid the utilities receipts tax for the same year.
Date Action
01/15/2009 S: Author Added Brandt Hershman
01/15/2009 S: 1st Reading Assigned Tax and Fiscal Policy
01/20/2009 S: Committee Sched 9:00 AM Room 431 Tax and Fiscal Policy
01/27/2009 S: Committee Sched 9:00 AM Room 431 Tax and Fiscal Policy
01/27/2009 S: Committee Action Pass Amend(12-0) Tax and Fiscal Policy
01/29/2009 S: Committee Report amend do pass, adopted
02/02/2009 S: 2nd Author Added Sue Landske
02/09/2009 S: 2nd Reading Amended Order Engrossed
02/09/2009 S: Amendment #3 (Hershman), prevailed; Voice Vote
02/10/2009 S: 3rd Reading Pass (50-0)
02/10/2009 S: Sponsor Added Peggy Welch
02/10/2009 S: Co Sponsor Added Jeffrey K. Espich
02/10/2009 S: Co Sponsor Added Sheila Klinker
02/10/2009 S: Co Sponsor Added Randy Truitt
02/25/2009 H: 1st Reading Assigned Ways and Means
03/25/2009 H: Committee Sched 9:00 AM Room 404 Ways and Means
Sale of firearms to mentally ill persons. (Bray, Tincher)
Digest
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
SB0555 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. Makes other changes and conforming
amendments.
Date Action
01/15/2009 S: Author Added Richard D. Bray
01/15/2009 S: 1st Reading Assigned Judiciary
02/18/2009 S: Committee Sched 9:00 AM Room 130 Judiciary
02/18/2009 S: Committee Action Pass Amend(10-0) Judiciary
02/19/2009 S: Committee Report amend do pass, adopted
02/23/2009 S: 2nd Reading Order Engrossed
02/24/2009 S: 2nd Author Added Brent Steele
02/24/2009 S: 3rd Reading Pass (50-0)
02/24/2009 S: Sponsor Added Vern Tincher
02/24/2009 S: Co Sponsor Added Ralph M. Foley
02/24/2009 S: Co Author Added Patricia L. Miller
03/05/2009 H: 1st Reading Assigned Public Policy
Notes
Stuck waiting on House Committee. Will die if no hearing. Could rise again through
Conference Committee action.