- Education/HB 1004 Prekindergarten education; SB 276 Pertains to same issue, language will differ; SB 198 Career and technical education.
- Additional Bills of Interest to OneZone/SB 213 Support structures for wireless facilities.
BILLS FILED – By Category:
HB1002 Transportation Infrastructure Funding (Soliday)
Provides for a one-time fuel tax rate increase using a multiyear index factor based on the last time the particular fuel tax rate was increased and the current fuel tax rate per gallon. (Gasoline tax is currently $0.18, special fuel tax is currently $0.16, and motor carrier surcharge tax is currently $0.11.) Limits the one-time increase to $0.10 per gallon. Provides for an annual rate increase in fuel tax rates based on an annual index factor. Limits the annual rate increase based on an annual index factor to $0.01 per gallon. Increases alternative fuel decal fees by 50%. Specifies that the motor carrier fuel surcharge tax must be paid on special fuel that is not an alternative fuel at the time of purchase (the same time the special fuel tax is paid), instead of being entirely paid using a quarterly return. (The surcharge tax applies only to motor fuel used by a carrier in Indiana.) Establishes a $15 transportation infrastructure improvement fee that applies to the registration of all motor vehicles except motor vehicles with a declared gross weight that exceeds 26,000 pounds. Increases annual registration fees for certain motor vehicles with a declared gross weight that equals or exceeds 26,000 pounds. Requires a person who registers an electric vehicle to pay a supplemental registration fee of $150 with an increase every five years based on an index factor. Provides that the gasoline use tax is distributed to highway funds over a phase-in period. Repeals restrictions on when a tolling project can be undertaken. Requires the Indiana department of transportation (INDOT) to seek a Federal Highway Administration waiver to toll interstate highways. Imposes other duties on INDOT. Amends the assessment procedures for motor carrier civil penalties under IC 9-20-18-14.5. Establishes the weigh-in-motion pilot program. Makes various changes to the local road and bridge matching grant program. Allows INDOT to approve certain railroad crossing projects, and authorizes the Indiana finance authority to finance an approved project subject to a maximum annual debt service limit of $10,000,000…
OneZone’s Position - Support: This bill provides many options to address the current funding shortfall and implement a long term solution. We support a comprehensive funding fix to address the shortfall.
January 25 - Passed out of Roads and Transportation Committee
February 8 – Passed out of House Ways and Means Committee and amended so that all sales tax collected for fuel purchases is dedicated to roads beginning in 2018 rather than be phased in over three years through 2021. This bill now moves to the full House for consideration.
February 16 – Passed out of the House, now goes to the Senate
HB 1009 - School Financial Management (Cook)
Eliminates the school general fund. Creates an education fund to be used as the exclusive fund to pay expenses allocated to student instruction and learning. Creates an operations fund to replace the capital projects fund, the transportation fund, the school bus replacement fund, an art association or a historical society fund, and the public playground fund. Allows transfers between the education fund and operations fund. Establishes a maximum levy for the operations fund based on the levies for capital projects, transportation, bus replacement, historical societies, art associations, and public playgrounds. Provides that the maximum operations fund levy is to be increased annually by the income based assessed value growth quotient. Provides new allowable expenditures from the operations fund to include all skilled trades, school maintenance vehicles, and contracted services related to buildings and grounds. Eliminates the requirement to publish the entire capital projects plan and school bus replacement plan. Removes the approval of the plans and appropriations by the department of local government finance.
OneZone’s Position - Support: This bill allows for more flexibility for the school corporation in allocating their expenditures.
HB 1038 School Referendum (Torr)
Provides that voters in a general fund referendum for a political subdivision that takes place after June 30, 2017, may not approve a levy that is imposed for more than eight years. (Current law provides that voters in a general fund referendum may not approve a levy that is imposed for more than seven years.)
OneZone’s Position - Support: By increasing the length of a referendum from 7 to 8 years assures that the vote will be held during a regularly scheduled election cycle sparing the school the cost of a special election. OneZone supports this bill however consideration needs to be given to construction projects falling on a non-election year and to those districts that will have an operating referendum expiring on a non-election year.
Additional Education Bills of Interest to OneZone:
HB 1003 Student Assessments (Behning)
Replaces the ISTEP test program after June 30, 2018, with a new statewide assessment program to be known as Indiana's Learning Evaluation Assessment Readiness Network (ILEARN). Repeals a provision defining the ISTEP program. Makes conforming amendments.
February 9 – This bill to replace ISTEP won approval from Indiana’s House Education Committee. The committee voted 10-2 to move forward with a testing system that would be called “ILearn.” If the plan becomes law, those tests would be given for the first time in 2019.
HB 1004 Prekindergarten education (Behning)
Allows the division of family resources (division) to award an early education matching grant to an eligible potential eligible provider or existing eligible provider that: (1) submits an expansion plan to the division that details the potential eligible provider's or existing eligible provider's plan to: (A) increase the capacity of providers of eligible services to serve a greater number of eligible children; (B) increase the number of providers of eligible services; or (C) increase capacity of and increase the number of providers; and (2) meets certain other requirements. Requires a potential eligible provider or existing eligible provider to repay to the division the total amount of the grant awarded if the potential eligible provider or existing eligible provider fails to use the grant funds in accordance with the expansion plan or in compliance with the agreement with the division. Prohibits the division from using more than a total of 20% of the money in the early education matching grant program fund each state fiscal year for grants awarded to potential eligible providers and existing eligible providers for expansion plans. Amends household income requirements for eligibility of a child for the: (1) early education matching grant program; and (2) early education pilot program (pilot program). Provides that the pilot program may include eligible providers from 10 (instead of five) counties. Amends the amount of grant money an eligible child may receive under the pilot program based on annual household income…
SB 276 (Holdman) Pertains to the same Issue, language will differ:
Passed on third reading, referred to the Senate
HB 1005 Superintendent of Public Instruction (Bosma)
Abolishes the office of the state superintendent of public instruction on January 10, 2021. Provides that, after January 10, 2021, the governor shall appoint a secretary of education. Repeals a provision that a candidate for the office of state superintendent of public instruction must have resided in Indiana for at least two years.
Two Additional Bills Pertain to the same Issue, language will differ:
SB 179 Selection of Superintendent of Public Instruction (Buck)
SB 422 Appointed Superintendent of Public Instruction (Bassler)
February 14 – The House Education Committee voted 10–3 to send the HB 1005 to the full house
HB 1082 School Board Member on Redevelopment Commission (Cook)
Provides that after December 31, 2017, one of the commissioners appointed by the municipal or county executive to a redevelopment commission must be a member of the governing body of a school corporation that includes all or part of the territory served by the redevelopment commission. Removes language providing for the appointment of nonvoting advisers to redevelopment commissions from the governing bodies of school corporations. Provides that nonvoting advisers serve until a member of the governing body of a school corporation is appointed to the redevelopment commission.
Appointments to local Boards and Commissions (Clere)
Provides that after June 30, 2017, one of the commissioners appointed to a redevelopment commission must be a member of the governing body of a school corporation that includes all or part of the territory served by the redevelopment commission. Provides for the appointment to be made by the appointing governing body as determined in the statute. Removes language providing for the appointment of nonvoting advisers to redevelopment commissions from the governing bodies of school corporations. Provides that nonvoting advisers serve until a member of the governing body of a school corporation is appointed to the redevelopment commission.
February 14 – The bill passed out of the Government and Regulatory Reform Committee
HB 1227 Study of the School Funding Formula (Candeleria Reardon)
Urges the legislative council to establish a study committee during the 2017 legislative interim to study issues related to the school funding formula and the methodology used to determine state funding of schools in Indiana.
School Performance and Evaluations
Provides that a school's or school corporation's category or designation of performance for the 2015-2016 school year may not be lower than the grade assigned to the school or school corporation by the state board of education for the 2013-2014 school year. Provides that, for a state fiscal year beginning July 1, 2016, and ending June 30, 2017, the amount that a school corporation may receive as part of a performance grant relating to test results shall be calculated using the higher of: (1) the percentage of passing scores on ISTEP program tests for the school for the 2013-2014 school year; or (2) the percentage of passing scores on ISTEP program tests for the school for the 2015-2016 school year (The current law that applies to this calculation provides for certain limits on the grant amount.) Provides that ISTEP program test scores, from the ISTEP program test taken in the spring of 2016, may not be used by a school corporation as part of an annual performance evaluation of a particular certificated employee unless the use of the ISTEP program test scores would improve the particular teacher's annual performance rating.
HB 1416 School Buses (Cook)
Establishes the school bus safety equipment grant fund, administered by the department of education, to provide grants to school corporations seeking to purchase new school buses equipped with passenger safety belts or, if recommended by the state school bus committee, other proven safety equipment. Provides that a governing body may apply for a grant from the fund in an amount equal to 50% of the cost of equipping the school buses with passenger safety belts or other safety equipment. Requires new school buses purchased after June 30, 2018, to be equipped with passenger safety belts or, if recommended by the state school bus committee, other proven safety equipment. Allows a school corporation to use a portion of a grant from the safe schools fund or the secured school fund toward purchase of new school buses equipped with safety equipment
Three Additional Bills Pertain to the same Issue, language will differ:
HB 1292 Seat Belts on School Buses (Bartlett)
SB 430 School Bus Equipment (Ford)
SB 551 Seatbelts on School Buses (Sandlin)
OneZone’s Position – Bill does not include language about fully funding the equipment. There would be monitoring issues for the drivers, will the schools be held harmless if the students do not buckle the seat belts?
SB 35 Teacher Evaluations (Ford)
Provides that a school corporation may use objective measures of student achievement as part of a teacher evaluation plan. (Current law provides that the use of an objective measure of student achievement is required as part of a teacher evaluation plan.)
SB 198 Career and technical education (Mishler)
Relocates and amends provisions regarding career and technical education grants. Provides that the department of workforce development (department) shall oversee the career and technical education grants (grants) instead of the department of education. Provides that the grants may be awarded to career and technical education organizations (instead of only to school corporations). Establishes new categories of career and technical education programs and courses. Amends the amount of the grants that may be awarded. Allows the department to award a grant to a school corporation for certain transportation costs. Provides that the department (instead of the state board of education) shall receive, distribute, and account for all funds received for career and technical education under the Carl D. Perkins Career and Technical Education Improvement Act. Requires the department to prepare a report concerning certain information regarding career and technical education courses. (Under current law, the department of education and the department are required to prepare the report.) Requires the department of education to implement, for one year, a pilot program for instruction in and the use of the Indiana career explorer program and curriculum by all students in grade 8 attending schools in 15 school corporations. Requires, beginning July 1, 2018, each school within a school corporation and charter school to include in the school's curriculum for all students in grade 8 the instruction in and the use of the Indiana career explorer program and curriculum. Requires the state board of education to use data from the department in developing and implementing certain plans, recommendations, and other matters relating to career and technical education.
SB 330 (Ruckelshaus)
Establishes a career readiness improvement committee to study the state's public higher education system and the feasibility of adding a fifth year of high school for the attainment of vocational and other certificates of training for entry into the workforce.
HB 1008 Workforce Development (Huston)
Provides a credit against state tax liability equal to the lesser of $25,000 or 50% of a training program's expenses for an employer that employs not more than 250 employees and provides a training program that results in: (1) an incumbent employee receiving an industry level certification and an increase of at least 5% in the employee's compensation; or (2) full-time employment with the employer in a high wage, high demand job for a participant who completes the training program. Limits the amount of the tax credit to $2,500 per employee whenever an employer sends an incumbent employee to an existing training program. Requires the state board of education to work in conjunction with the department of workforce development to provide oversight and administration of career and technical education. Repeals provisions establishing the advisory committee on career and technical education. Establishes the eligibility requirements for a workforce ready grant and the amount of the grant. Establishes conditions for the renewal of a workforce ready grant, and provides alternatives to maintenance of satisfactory academic progress that allow a student to qualify for and renew an adult student grant and a workforce ready grant. Establishes the maximum period during which a student may receive an adult study grant and a workforce ready grant. Establishes an annual reporting requirement to the governor and the legislative council by state providers of workforce related programs concerning the results of each of those programs.
HB 1030 Immigration Enforcement (Lucas)
Enforcement of federal immigration laws. Adds state educational institutions and bodies corporate and politic to the entities prohibited from restricting the enforcement of federal immigration laws. Provides that if a valid complaint is filed with the attorney general by an Indiana resident, the agency that is the subject of the complaint may not receive any state funds, grants, loans, or appropriations until the attorney general determines that the agency's violation has ceased.
HB 1194 Certified Technology Park (Ober)
Provides that a certified technology park may capture up to $5,000,000 of incremental income tax and sales tax revenue every four years.
HB 1212 Work Share Unemployment Insurance (Hatfield)
- a work sharing unemployment insurance program. Requires an employer to submit a work sharing plan for approval by the commissioner of the department of workforce development. Establishes the work sharing benefit as equal to an employee's unemployment benefit reduced by a percentage that is equivalent to the number of hours by which the employee's normal weekly work hours are reduced divided by the employer’s number of normal weekly work hours.
HB 1322 Employee Training Tax Credits (Clere)
Provides a tax credit to employers who complete the requirements for a portable workforce credential that is required for a high wage, high demand job.
HB 1464 Work Sharing Unemployment Benefits (Carbaugh)
Establishes a work sharing unemployment insurance program. Requires an employer that desires to participate in the work sharing unemployment insurance program to submit a work sharing plan for approval by the commissioner of the department of workforce development. Establishes the work sharing benefit as equal to an affected employee's unemployment benefit reduced by a percentage that is equivalent to the number of hours by which an affected employee's normal weekly work hours are reduced divided by the employer's number of normal weekly work hours.
Bill will not receive a hearing killing the bill
HB 1601 Certified Technology Parks (Huston)
Requires that a certified technology park be recertified every three years beginning January 1, 2018. (Under current law, a certified technology park is required to be recertified every four years.) Requires the Indiana economic development corporation (IEDC), in conjunction with the office of management and budget (OMB), to develop metrics for measuring the performance of a certified technology park during a review period. Requires the IEDC to consult with the Association of Indiana Counties and the Indiana Association of Cities and Towns in developing the metrics. Requires the metrics to include: (1) the criteria to be used to analyze and evaluate each category of information furnished by a certified technology park to the IEDC during the course of a review; and (2) a set of minimum threshold requirements for performance to be achieved regarding each category of information. Provides that a certified technology park must meet the minimum threshold requirements for performance set forth in the metrics before it may be recertified
SB 423 Enforcement of Federal Immigration Laws (Young, Delph)
Expands, for purposes of provisions regarding enforcement of federal immigration laws by governmental bodies, the definition of "governmental body" to include state educational institutions in Indiana. Defines "state educational institution", for purposes of IC 5-2-18.2 as the term is defined in IC 21-7-13-32. Prohibits postsecondary educational institutions with in-state campuses from restricting any governmental body's efforts regarding obtaining, maintaining, or sharing information regarding the citizenship or immigration status of an individual. Defines a "sanctuary policy". Provides that postsecondary educational institutions with campuses in Indiana may not adopt sanctuary policies. Exempts specified policies of postsecondary educational institutions pertaining to crime victims and witnesses to crimes from the definition of "sanctuary policy".
SB 507 Economic Development (Head)
Repeals the statute establishing the emerging technology grant fund. Changes the name of the Indiana twenty-first century research and technology fund to the Indiana innovation and entrepreneurship fund. Repeals the statute that authorized the Indiana finance authority to issue bonds before July 1, 2011, for the Indiana twenty-first century research and technology fund. Repeals the Indiana regional city fund statute, and transfers the provisions in that statute to the Indiana regional cities development fund statute…
HB 1006 Mental Health (Kirchhofer, Ziemke, Steuerwald)
Allows mental health and addiction forensic treatment services (services) to be provided to individuals who are charged with misdemeanor offenses if: (1) the justice reinvestment advisory council recommends providing the services to these individuals; and (2) there are sufficient funds available. Requires the division of mental health and addiction (division) to report survey findings to the justice reinvestment advisory council concerning providing the services to individuals charged with misdemeanors.
HB 1313 Smoking in Public Places (Brown C.)
Removes the exemptions to places where smoking is prohibited. Makes conforming changes.
HB 1320 Cigarette Taxes (Brown C.)
Increases the cigarette tax from $0.995 per pack to $2.995 per pack and uses the additional revenue ($2 per pack) as follows: (1) Transfers $1 of the additional revenue per pack to the Indiana tobacco use prevention and cessation trust fund to be used for one or more of the following purposes: (A) To emphasize the prevention and reduction of tobacco use by minorities, pregnant women, children, and youth, including youth with serious and emotional disturbances. (B) To encourage smoking cessation. (C) To provide research on issues related to the reduction of tobacco use. (2) Transfers $1 of the additional revenue per pack to the medical residency education fund
HB 1490 Cigarette Tax (Brown T.)
Increases the cigarette tax by $1 to $1.995 per pack of regular size cigarettes (and a corresponding increase for larger cigarettes) and uses the additional revenue for reimbursements of Medicaid providers.
HB 1578 Cigarette Tax and Smoking Age – (Kirchhofer)
Increases the cigarette tax by $1.50 to $2.495 per pack of regular size cigarettes and a corresponding increase for larger cigarettes. Raises the age from 18 to 21 years of age for prohibitions and crimes concerning the sale, purchase, and possession of cigarettes and other tobacco products. Makes a corresponding change to the laws concerning e-cigarettes, tobacco retailer permits, and admission to establishments where smoking is permitted. Repeals employment protections for individuals who smoke cigarettes or use other tobacco products
Additional Bills of Interest to OneZone
HB 1001 Biennial Budget (Brown T, Porter, Cherry, Goodin)
Appropriates money for capital expenditures, the operation of the state, the delivery of Medicaid and other services, and various other distributions and purposes. Provides for the determination of state funding of public schools for the two state fiscal years covered by the biennial budget.
OneZone’s Position: We will be watching this bill because it will determine school funding for 2018 & 2019.
February 15 – Passed out of House Ways and Means Committee to the full House for a vote
February 16 – Passed by the full Hose and heading to the Senate
HB 1133 Preemption on Local Bans on Short Term Rentals (Lehman)
Specifies requirements for local unit of government regulation of short term rental of residential property. Requires maintenance of primary liability insurance equal to at least $1,000,000 per incident for third party claims for death, bodily injury, and property damage occurring during a short term rental period. Allows a local unit to limit or prohibit short term rentals located within a conservancy district.
February 14 – Passed out of the House, Senator Head will carry in the Senate
HB 1380 Local Option Income Taxes (Karickhoff)
Local option income taxes. Provides that an individual who has a principal place of employment or business in a county other than the individual's county of residence shall pay a local income tax imposed by the county where the individual maintains the principal place of employment or business at a rate that is 25% of the sum of certain tax rates imposed on residents of the county under those taxes. Provides a credit against any tax liability imposed by the individual's county of residence equal to the amount of the tax paid to the county where the individual has the individual's principal place of employment or business.
HB 1404 Municipal-Township Reorganization (Morrison)
Allows a municipal government to reorganize with a township that is located within the corporate boundaries of the municipality and the unincorporated area of the county. Provides that after the reorganization: (1) the municipal government is also the township government; and (2) a resident of the unincorporated area of the township is entitled to vote for these municipal offices. Provides that after the reorganization, the unincorporated area of the reorganizing township is not incorporated into the municipality and continues to receive county services.
HB 1433 Sale of Alcoholic Beverages (Eberhart)
Allows Sunday carryout sales of alcoholic beverages by all retailers and dealers. Allows all dealers to sell cold beer. Prohibits a dealer (not including a package liquor store) from selling miniature "airplane size" bottles of liquor. Requires a dealer (not including a package liquor store) to display alcoholic beverages in a separate area that a minor may enter only if accompanied by an adult. Repeals a provision that limits the commodities that a package liquor store may sell. Repeals a provision that prohibits the delivery of alcoholic beverages to a retailer or dealer on Sunday.
Lakefront or Riverfront Project Alcohol Permit (Nisly)
Allows the alcohol and tobacco commission to issue not more than 10 new three-way permits (permits to sell beer, wine, and liquor) to a restaurant located: (1) within or near a lakefront or riverfront development project funded in part with state, county, or federal money; (2) within an unincorporated area of a county; and (3) within an economic development area, a redevelopment project area, or a redevelopment area. Provides restrictions on the transfer of the permit. Allows a county to require a permit applicant to enter into a written commitment regarding the character of the business.
SB 81 Cold Beer Sales (Boots)
Allows a grocery store or drug store to sell cold beer for carryout. Repeals a criminal penalty for unauthorized cold beer sales.
SB 83 Alcoholic Beverage Issues (Boots)
Creates a supplemental dealer's permit for Sunday sales of carryout alcoholic beverages. Allows a package liquor store to sell carryout on Sunday without a supplemental dealer's permit. Establishes fees for supplemental dealer's permits that are deposited in the enforcement and administration fund of the alcohol and tobacco commission. Allows a minor in a package liquor store if the minor is an employee or is accompanied by the minor's parent or guardian. Eliminates residency requirements for package liquor store permits. Allows a sales clerk to ring up an alcoholic beverage sale at a grocery or drug store (store) in the following circumstances: (1) The sales clerk or another employee present at the store has an employee permit. (2) A person that has an ownership interest in the store acts as the sales clerk or is present at the store. With regard to a store, requires the following individuals to complete an alcohol server training course: (1) A manager. (2) An employee whose employer assigned duties require the employee to obtain an employee permit. (3) A permittee or a management representative of the permittee. Repeals a provision that limits the commodities that a package liquor store may sell
SB 136 Redistricting (Delph)
Establishes a redistricting commission (commission) to create, hold hearings on, take public comment about, and recommend plans to redraw general assembly districts and congressional districts. Requires the legislative services agency (agency) to provide staff and administrative services to the commission. Establishes standards to govern the commission and the agency in the creation of redistricting plans. Provides that if the Constitution of the State of Indiana does not require the general assembly to establish legislative districts, the commission's recommendations for legislative plans define those districts. Provides that if the Constitution of the State of Indiana requires the general assembly to establish the districts
Two Additional Bills Pertain to the same Issue, language will differ:
SB 278 Redistricting Commission (Lanane)
HB 1378 Redistricting Commission (Moed)
SB 213 Support structures for wireless facilities (Hershman)
Makes the following changes to the statute concerning the local permitting of wireless support structures: (1) Amends the definition of "collocation" to include the placement or installation of wireless facilities on utility poles. (2) Amends the definition of "small cell facility" to: (A) increase the maximum specified antenna volume from three cubic feet to six cubic feet per antenna; (B) eliminate the maximum specified total volume for all antennas; and (C) increase the maximum specified primary equipment enclosure volume from 17 cubic feet to 28 cubic feet. (3) Amends the definition of "utility pole" to include structures designed and used to provide traffic control or signage. (4) Amends the definition of "wireless support structure" to include structures that are capable of supporting (in addition to those designed to support) wireless facilities. (5) Prohibits a permit authority from requiring an application or a permit for: (1) the routine maintenance of wireless facilities; or (2) the replacement of wireless facilities with others that are: (A) substantially similar to; or (B) the same size or smaller than; those being replaced. (6) Provides additional requirements for applications for the collocation of small cell facilities. (7) Provides specified limits on the rate for the collocation of small cell facilities on utility poles owned or controlled by a county or municipality
OneZone’s Position: We will be watching this bill because it limits local control over structures for wireless facilities.
SB 487 Prohibited Discrimination in Civil Right Statutes (Lanane)
Amends civil rights enforcement statutes to prohibit discrimination based on sexual orientation, gender identity, national origin, disability, veteran status, and ancestry.
SB 512 Tax Increment Financing District (Bassler)
Provides that if a redevelopment commission outside Marion County wishes to establish a tax increment financing (TIF) area after December 31, 2017, a unit (county, city, town, or township) or school corporation that is located wholly or partly within a proposed TIF area may elect whether to participate in the TIF area. Provides that after December 31, 2017, each taxing unit that is located wholly or partly in a TIF area is bound by the terms of the TIF area until the TIF area expires, except for those units and school corporations that do not elect to participate in the TIF area.