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INCMA LEGISLATIVE UPDATE

 

Recent Actions Report

The 2007 General Assembly convened on January 8, 2007 and adjourned for the year on April 29, 2007.    

INCMA worked in support and opposition to several legislative issues this year.   Priorities such as SB 96 were designated and tracking lists were updated several times a week.  The list will continue to be updated for the next few weeks to show when the Governor signs or vetos a bill.  Please contact INCMA at 317-974-1830 with specific questions.  

 

 

P = INCMA Priority

 

INCMA Tracking List Updated

 

Run Time: Thursday, May-03-2007, 09:29 AM

P HB1024 Employee's right to work. (Torr)
Position: Support

Digest
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 private right of action for violations or threatened violations.

Date Action
01/08/2007 H: 1st Reading Assigned Labor and Employment
01/16/2007 H: Co Author Added Tim Neese
01/16/2007 H: Co Author Added Cindy Noe

HB1027 Minimum wage. (Day, Bray)
Digest
Ties the amount of Indiana's minimum hourly wage to the federal minimum wage. Increases from $800 to $6,000 the amount of the maximum wage claim for which the commissioner of the department of labor may take an assignment.

Date Action
04/29/2007 H: Signed By the Speaker
04/29/2007 S: Signed By the President Pro Tem
05/02/2007 Received Received by the Governor

HB1132 Notice of plant closing or mass layoff. (Tyler, Breaux)
Digest
Requires certain employers to give certain written notice before plant closings and mass layoffs.

Date Action
02/07/2007 H: Sponsor Added Jean Breaux
02/07/2007 H: 2nd Sponsor Added Sue Errington
02/19/2007 S: 1st Reading Assigned Pensions and Labor

HB1478 Taxation. (Kuzman, Kenley, Mrvan)
Digest
Provides that in 2008, the standard deduction available for real property that qualifies for the homestead credit may not exceed $45,000. Provides that beginning in 2009, the maximum deduction decreases $1,000 each year until it reaches $40,000. Authorizes a county to adopt an additional county adjusted gross income tax (CAGIT) rate or an additional county option income tax (COIT) rate. Provides that the tax rate shall be set by the department of local government finance (DLGF) at an amount sufficient to raise tax revenue to replace the estimated increase in the following year of certain property tax levies in the county. Specifies that the tax rate may not exceed 1%. Provides that in the first year the tax rate is imposed, the tax rate shall be set for each of the following two years. Provides that the tax rate set for the first year must be increased a specified amount above the amount needed to replace the tax levy growth, and that the excess tax revenue raised in the first year must be deposited in the county stabilization fund. Establishes a county stabilization fund in each county that imposes the additional tax rate. Provides that if the certified distributions exceed the estimated replacement amount used to determine the tax rate, the excess shall be deposited in the county stabilization fund. Specifies when money shall be distributed from the county stabilization fund. Provides that the tax rate may not be reduced or rescinded, but that the tax rate may be increased each year to replace the property tax levy growth that would otherwise occur in the following year. Authorizes a county to impose an additional CAGIT or COIT tax rate for public safety. Specifies the conditions under which a county may impose the additional tax rate for public safety and specifies the maximum additional tax rate. Requires this tax revenue to be distributed to the county and municipalities in the county and to be used for public safety purposes. Provides that a county may impose a CAGIT or COIT tax rate of not more than 1% for: (1) property tax replacement credits; (2) an increase in the homestead credit percentage; or (3) property tax replacement credits for qualified residential property. Provides that the assessed value growth quotient for a particular year for civil taxing units in Lake County is zero unless this tax rate for property tax relief will be in effect at a rate of 1% in Lake County for that calendar year. Provides that ordinances imposing, increasing, decreasing, or rescinding CAGIT, COIT, and the county economic development income tax must be adopted after March 31 and before August 1 of a year. Provides that the ordinances take effect October 1 of a year. Abolishes county boards of tax adjustment on December 31, 2008. Establishes a county board of tax and capital projects review (review board) in each county on January 1, 2009. Provides that in counties other than Marion County, a review board consists of members appointed from various fiscal bodies within the county and two individuals elected on a nonpartisan basis. Specifies the membership of the review board in Marion County. Provides that in those counties that have a county board of tax adjustment, the review board has the powers and duties held by a county board of tax adjustment before the county board of tax adjustment is abolished. Requires the fiscal body of each political subdivision in a county to do the following every two years: (1) Hold a public hearing on a proposed capital projects plan. (2) Adopt a capital projects plan. Requires a capital projects plan to apply to at least the five years immediately following the year the capital projects plan is adopted. Requires a review board to review and provide a written report concerning each capital projects plan. Provides that a political subdivision may not: (1) begin construction of a capital project; (2) enter into contracts for the construction of a capital project; (3) issue bonds for a capital project; or (4) take certain other actions concerning a capital project; unless the review board approves the capital project. Provides that the approval of the DLGF is not required for an issuance of bonds that has been approved by the review board. Provides that a capital project must be reviewed by a review board only if the capital project: (1) is a controlled project for purposes of the petition and remonstrance procedures; and (2) will cost the political subdivision more than $7,000,000. Provides that review board approval is not required for water projects, wastewater projects, highway or road projects, or bridge projects. Provides that the local government tax control board is abolished December 31, 2008. Beginning in 2009, eliminates certain levy appeals for civil taxing units. Provides that after May 15, 2007, the DLGF may not approve a school corporation's proposed bond issue that does not provide for payments toward the principal of the bonds on at least an annual basis, lease rental agreement that does not provide for repayments toward the present asset value of the lease at its inception on at least an annual basis, or debt service fund loan to purchase school buses that does not provide for payments toward the principal of the loan on at least an annual basis. Specifies that in 2008 and 2009, the circuit breaker credit for taxes greater than 2% applies to homestead property (rather than qualified residential property). Specifies that after 2009, the circuit breaker credit for taxes greater than 2% applies to homestead property and that a circuit breaker credit for taxes greater than 3% applies to property other than homestead property. Provides that a school corporation's tuition support property tax levy may not be reduced because of a circuit breaker credit. Provides that a redevelopment commission or the governing body of certain other TIF districts may file with the county auditor a certified statement providing that for purposes of computing and applying the circuit breaker credit, a taxpayer's property tax liability does not include the liability for a tax increment replacement tax. Establishes a circuit breaker relief appeal board. Provides that beginning in 2008, a county or two or more political subdivisions that will have their property tax collections reduced by at least 2% in a year as a result of the application of the circuit breaker credit may petition the board for relief from the application of the circuit breaker credit. Requires a petitioning political subdivision to submit a proposed financial plan to the board. Provides that the board may: (1) increase the threshold at which the circuit breaker credit applies to a person's property tax liability; or (2) provide for a uniform percentage reduction to circuit breaker credits otherwise provided in the county; if the governing boards of all political subdivisions in the county agree to that plan. Allows Parke County to impose an additional CAGIT rate of not more than 0.25% to: (1) fund the costs (including pre-trial costs) of a capital trial that has been moved to another county for trial; and (2) to repay money borrowed for that purpose. Increases the Allen County innkeeper's tax rate to 7%. Authorizes Monroe County to adopt an additional COIT tax rate of not more than 0.25% to fund a juvenile detention center. Raises the cap on the Vanderburgh County innkeepers' tax from 6% to 8%. Provides that the additional county option income tax rate permitted in Howard County must be adopted in increments of one hundredth percent. Provides that the portion of the judicial salaries fee retained by a city or town shall be prioritized to fund city or town court operations. Provides that, notwithstanding the December 31, 2006, statutory deadline for a political subdivision to adopt an ordinance or resolution to provide local homestead credits in 2007, a political subdivision may adopt such an ordinance or resolution after December 31, 2006, and before June 1, 2007, to provide for a local homestead credit in 2007. Makes certain changes concerning personal property abatement. Creates the annexation study committee. Makes other changes.

Date Action
04/29/2007 H: Conferee Added William A. Crawford
04/29/2007 H: Conf Report Adopted(74-25) H
04/29/2007 S: Conf Report Adopted(47-3) S

P HB1728 Preference for domestic foundry products. (Niezgodski, Broden)
Position: Support

Digest
Requires that foundry products produced in the United States must be used in state and local public works projects unless certain conditions apply.

Date Action
02/22/2007 H: 3rd Reading Pass (87-7)
02/22/2007 H: Sponsor Added John E. Broden
03/05/2007 S: 1st Reading Assigned Economic Development and Technology

P SB0096 Preference for domestic foundry products. (R. Meeks, Niezgodski)
Position: Support

Digest
Requires that foundry products produced in the United States must be used in state and local public works projects unless certain conditions apply.

Date Action
03/27/2007 Received Received by the Governor
03/27/2007 S: Signed By the President of the Senate
03/30/2007 Governor Signed by the Governor

SB0154 Environmental law. (Gard, Dvorak)
Digest
Allows an environmental rulemaking board to adopt an emergency rule to comply with a date provided by federal law. Establishes a special environmental rulemaking process for adoption or incorporation by reference of federal provisions or for technical or clarifying amendments. Requires the environmental quality service council to study environmental rulemaking and recycling issues. Changes the name of the Indiana recycling and energy development board to the Indiana recycling market development board (IRMDB), reduces membership from thirteen to nine, and adjusts the subject areas that must be represented by members. Provides for administration of the IRMDB by the division of pollution prevention of the department of environmental management instead of the lieutenant governor. Terminates the terms of the members of the former board, and directs the governor to appoint the IRMDB members before July 1, 2007. Deletes references to IRMDB activities concerning energy resources and substitutes activities concerning recycling and uses of solid waste. Adjusts the permitted uses of the waste tire management fund, eliminating use of the fund by the lieutenant governor.

Date Action
04/28/2007 H: Conf Report Adopted(97-0) H
04/29/2007 S: Conf Report Adopted(50-0) S
04/30/2007 S: Signed By the President Pro Tem

SB0205 Environmental law. (Gard, Dvorak)
Digest
Provides that a person that: (1) holds a valid solid waste landfill construction permit that authorizes construction for a facility that has not been substantially developed; and (2) has not commenced construction within five years after the date of the permit or another period established by rule or statute; must apply for a new construction permit and meet the requirements of all applicable environmental laws existing at the time the new permit is sought. Provides that a person that: (1) holds a valid solid waste landfill construction permit that authorizes construction at an operating facility; and (2) has not commenced construction within five years after the date of the permit or another period established by rule or statute; must meet the requirements of all applicable environmental laws existing at the time construction is substantially commenced. Provides that the construction periods are tolled pending administrative appeals or judicial reviews concerning the construction permit.

Date Action
04/28/2007 H: Conf Report Adopted(96-1) H
04/29/2007 S: Conf Report Adopted(50-0) S
04/30/2007 S: Signed By the President Pro Tem

SB0206 Energy facilities. (Gard, Crooks)
Digest
Amends the definition of "clean coal technology" in various statutes. Defines the term as a technology used at an electric or a steam generating facility to reduce carbon, sulfur, mercury, or nitrogen based pollutants or particulate matter emissions that are regulated, or reasonably anticipated by the utility regulatory commission (IURC) to be regulated, by the federal government, the state, or a political subdivision of the state. (The current definition includes only technologies that reduce sulfur or nitrogen emissions.) Requires an electricity supplier (other than a rural electric membership cooperative or a municipally owned utility) to supply a certain percentage of its total electricity supply from renewable energy resources. Establishes the renewable energy resources fund. Requires an electricity supplier that fails to supply electricity from renewable energy resources to pay a penalty. Deposits the penalties in the fund. Authorizes the IURC, upon a petition from an energy utility that uses coal or natural gas at an existing generating plant to generate electricity or steam and after a hearing, to approve implementation of certain projects to reduce air emissions of carbon, sulfur, mercury, or nitrogen based pollutants or emissions of particulate matter and for the timely recovery of costs incurred by the utility in implementation of those projects. Authorizes the IURC to provide other financial incentives for implementation of such regulated air emissions projects. Provides that the Indiana utility regulatory commission may not determine a territorial dispute between certain municipal water utilities. Requires the IURC, upon the request of the county executives of three or more counties that are located in an electric utility's service area, to study the feasibility of establishing a regional public power authority to: (1) acquire the assets of an electric utility providing retail electric service on April 1, 2007, in specified counties in Indiana; (2) own and operate the assets acquired; and (3) act as a nonprofit utility to provide retail electric service to customers within the participating units. Requires the commission to report its findings not later than December 31, 2007, to: (1) the regulatory flexibility committee; (2) the legislative council; and (3) the county executive of each county in the electric utility's service area on April 1, 2007. Authorizes the regulatory flexibility committee to recommend any legislation necessary to establish a regional public power authority in Indiana. Makes technical corrections.

Date Action
04/26/2007 : Conf Comm Sched 11:00 a.m. Room 233
04/29/2007 S: Conf Report Adopted(30-20) S
04/29/2007 S: Committee Sched 5:50 p.m. Room 130 Rules and Legislative Procedure

SB0432 Environmental fees. (Gard, Broden, Dvorak)
Digest
Modifies various environmental fees.

Date Action
02/26/2007 S: Co Sponsor Added David Alan Wolkins
03/13/2007 H: 1st Reading Assigned Ways and Means
04/04/2007 H: Committee Sched 8:00 a.m. Room 404 Ways and Means

SB0454 Silicosis. (Steele)
Digest
Provides that civil actions alleging a silica or mixed dust disease claim may not be maintained unless the plaintiff: (1) makes a prima facie showing that the plaintiff has a physical impairment and that the plaintiff's exposure to silica or mixed dust is a substantial contributing factor to the physical impairment; and (2) establishes technical and other standards for making the prima facie showing. Requires a court to dismiss a silica or mixed dust claim without prejudice if the plaintiff does not make a prima facie showing within 120 days after the filing of the claim. Specifies that the statute of limitations does not begin to run until the plaintiff discovers or should have discovered the disease or injury. Provides that a premises owner is not liable for injury to an individual resulting from exposure unless the exposure occurred while the individual was on the premises owner's property. Specifies that a civil action may be filed only in the venue: (1) where the plaintiff resides; or (2) where the exposure to silica, mixed dust, or both, that was a substantial contributing factor to the plaintiff's physical impairment occurred.

Date Action
01/11/2007 S: Author Added Brent Steele
01/11/2007 S: 1st Reading Assigned Judiciary

SB0476 Tax exemption for energy used in manufacturing. (Weatherwax, Alting)
Digest
Exempts gross receipts from the sale of energy that is directly consumed in manufacturing from the utility receipts tax and the utility services use tax.

Date Action
01/16/2007 S: Author Added Thomas K. Weatherwax
01/16/2007 S: Author Added Ron Alting
01/16/2007 S: 1st Reading Assigned Tax and Fiscal Policy

SB0537 Worker's compensation. (Riegsecker, Cheney)
Digest
Authorizes the worker's compensation board (board) to adopt rules to assess and collect reasonable fees for services, excluding services provided to: (1) an injured employee; or (2) in the event of an employee's death, the employee's dependents. Provides that a rule adopted by the board concerning the assessment and collection of reasonable fees for services must provide that a fee established for adjudicating disputes between an insurer and a health care provider may not take effect before July 1, 2008. Revises language concerning assessments for the second injury fund. Increases worker's compensation and occupational diseases benefits. Increases compensation for permanent partial impairment.

Date Action
04/25/2007 H: Conferee Added Matt Bell
04/25/2007 H: Advisor Added Russell L. Stilwell
04/25/2007 H: Advisor Added Gerald R. Torr




 



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