IVFA 2012 Bill Track
Bill Track - Bill History Report
| P | HB1005 |
Nepotism; conflict of interest.
(Mahan, Lawson, Holdman)
Position: Oppose DigestSpecifies that the following are not lucrative offices: (1) Notary public. (2) Membership on a board administered by the professional licensing agency. Provides that an employee of a county, city, town, or township (unit) is considered to have resigned from employment with the unit if the employee assumes the elected executive office of the unit or becomes an elected member of the unit's legislative or fiscal body. Provides that an individual who is serving as a volunteer firefighter may not: (1) assume the office of executive of the unit; or (2) become a member of the executive, legislative, or fiscal body of the unit; that oversees the budget and operations of the fire department in which the volunteer firefighter serves. Specifies that an elected officer may also be appointed to and serve on a board, commission, or committee of the unit. Provides that the restriction does not prohibit an employee or volunteer firefighter from holding an elected office of another unit. Allows an employee or a volunteer firefighter who assumes or holds an elected office on January 1, 2013, to continue to hold the office and be employed by the unit or serve as a volunteer firefighter until the expiration of the term of office. Provides that relatives may not be employed by a unit in positions that result in one relative being in the direct line of supervision of the other relative. Provides that an individual who is employed by a unit on July 1, 2012, is not subject to the provisions regarding nepotism unless the individual has a break in employment with the unit. Provides that for purposes of the nepotism law, the performance of the duties of a precinct election officer or a volunteer firefighter is not considered employment by a unit. Provides that an individual who is employed by a unit on the date the individual's relative begins serving a term of an elected office of the unit: (1) may remain employed by the unit and maintain the individual's position or rank even if the individual would be in the direct line of supervision of the individual's relative; and (2) may not be promoted to a position or, in the case of an individual who is a member of a merit police department or merit fire department, promoted to a position that is not within the merit ranks, if the new position would place the individual in the direct line of supervision of the individual's relative. Makes the following additional exceptions: (1) Allows a township trustee whose office is located in the trustee's personal residence to employ only one relative to work in the township trustee's office and be in the trustee's line of supervision. (2) Allows a coroner who is ineligible for another term of office due to term limits to be hired by the coroner's successor, even though the successor is a relative and will result in the coroner working in the successor's direct line of supervision. (3) Allows a sheriff to hire the sheriff's spouse as prison matron for the county and work in the sheriff's direct line of supervision. Limits the total compensation of the township trustee's employed relative to $5,000 per year. Provides that provisions concerning nepotism apply to a person who is a party to an employment contract with a unit. Requires a unit to implement a policy that complies with the nepotism law and contracting law. Allows a unit to implement a policy that is more stringent. Requires each elected official of the unit to annually certify in writing, subject to the penalties for perjury, that the official is in compliance with the nepotism and contracting law and to submit the certification to the executive of the local unit. Requires the executive of the local unit to file with the annual personnel report filed with the state board of accounts a statement regarding whether the unit has implemented a policy that complies with the nepotism law and contracting law. Provides that a unit can enter into or renew: (1) a contract for the procurement of goods and services; or (2) a contract for public works; with a relative of an elected official or a business entity in which a relative has an ownership interest if the elected official does not violate the criminal conflict of interest statute and the elected official makes full, written disclosure and satisfies any other requirements of the public purchasing law or the public works law.
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| HB1040 |
Immunity for fast responders.
(Grubb, Miller)
Position: NEUTRAL DigestProvides that if: (1) a county adopts an ordinance approving the provision of community fast responder services; and (2) the nonprofit corporation directing the provision of community fast responder services maintains a certain level of insurance; the liability of a community fast responder is limited to the amount of insurance. Provides that a community fast responder nonprofit corporation does not include a hospital or an entity operated or directed by a hospital. Provides that fast responders have the same immunity from liability as first responders. Requires a community fast responder nonprofit corporation to purchase an insurance policy that provides $700,000 of insurance coverage for the liability of the corporation's community fast responders. Provides that the limit of liability of a community fast responder nonprofit corporation is $5,000,000. Makes conforming amendments.
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| P | HB1052 |
Statewide bid for emergency services equipment.
(Frye, Nugent)
Position: Support DigestRequires the department of administration to award quantity purchase agreements for the purchase of emergency services equipment.
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| P | HB1056 |
Novelty lighters.
(Frye, Eckerty, Glick)
Position: Support DigestMakes the retail sale or distribution of a novelty lighter a Class C infraction. Provides that the state fire marshal or a designated law enforcement officer may enforce novelty lighter laws. Authorizes the fire prevention and building safety commission to adopt rules to implement the novelty lighter law.
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| HB1087 |
Local income tax for public safety.
(Thompson, Hershman, Arnold)
Position: NEUTRAL DigestReorganizes the administration and funding of 911 services into a statewide 911 system. Replaces the wireless enhanced 911 advisory board with a statewide 911 board that will have additional representatives from state and local government. Provides that the treasurer of state is the chairperson of the board. Requires the board to impose a fee of $0.75 per month on each communications service user who pays retrospectively for the service and has a billing address in Indiana. Establishes the statewide 911 fund for the deposit of fees. Requires the board to distribute money in amounts determined by the board to each public safety answering point. Requires the board to consider amounts received from existing landline and wireless fees in 2011-2012. Provides that the statewide system expires July 1, 2017. Continuously appropriates money in the fund for the purposes of the fund. Repeals the emergency telephone system fee, the wireless emergency enhanced 911 fee, and the emergency telephone notification system.
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| HB1186 |
Paramedic licensing.
(T. Brown, Miller)
Position: NEUTRAL DigestProvides for the licensure of paramedics by the emergency medical services commission. Establishes qualifications and requirements for a licensed paramedic. Makes it a Class B misdemeanor to practice as a paramedic without a license. Provides for the transition from paramedic certification to licensure. Makes conforming changes. Replaces definitions of "paramedic" with definitions of "licensed paramedic". Makes technical corrections.
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| HB1212 |
Blue lights on vehicles.
(Kirchhofer, Merritt)
Position: Support DigestDefines funeral escort vehicle. Provides that a vehicle utilized in a funeral procession or a funeral escort vehicle may display certain flashing lights in certain colors. Requires a funeral escort vehicle to bear certain markings. Prohibits a funeral escort vehicle from bearing certain markings. Provides that, in order for the vehicles in a funeral procession to have the right-of-way at an intersection, the vehicle heading the funeral procession must display a flashing red light. (Current law allows the vehicle to display alternately flashing red and blue lights.) Provides that a person who displays a red and blue lamp upon a vehicle or fails to remove a red and blue lamp from a vehicle under certain circumstances commits a Class C misdemeanor.
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| P | SB0170 |
Nepotism; conflict of interest.
(Lawson, Mahan)
Position: Oppose DigestSpecifies that the following are not lucrative offices: (1) Notary public. (2) Membership on a board administered by the professional licensing agency. Provides that an employee of a county, city, town, or township (unit) is considered to have resigned from employment with the unit if the employee assumes the elected executive office of the unit or becomes an elected member of the unit's legislative or fiscal body. Provides that an individual who is serving as a volunteer firefighter may not: (1) assume the office of executive of the unit; or (2) become a member of the executive, legislative, or fiscal body of the unit; that oversees the budget and operations of the fire department in which the volunteer firefighter serves. Specifies that an elected officer may also be appointed to and serve on a board, commission, or committee of the unit. Provides that the restriction does not prohibit an employee or volunteer firefighter from holding an elected office of another unit. Allows an employee or a volunteer firefighter who assumes or holds an elected office on January 1, 2013, to continue to hold the office and be employed by the unit or serve as a volunteer firefighter until the expiration of the term of office. Provides that relatives may not be employed by a unit in positions that result in one relative being in the direct line of supervision of the other relative. Provides that an individual who is employed by a unit on July 1, 2012, is not subject to the provisions regarding nepotism unless the individual has a break in employment with the unit. Provides that for purposes of the nepotism law, the performance of the duties of a precinct election officer or a volunteer firefighter is not considered employment by a unit. Provides that an individual who is employed by a unit on the date the individual's relative begins serving a term of an elected office of the unit: (1) may remain employed by the unit and maintain the individual's position or rank even if the individual would be in the direct line of supervision of the individual's relative; and (2) may not be promoted to a position or, in the case of an individual who is a member of a merit police department or merit fire department, promoted to a position that is not within the merit ranks, if the new position would place the individual in the direct line of supervision of the individual's relative. Makes the following additional exceptions: (1) Allows a township trustee whose office is located in the trustee's personal residence to employ only one relative to work in the township trustee's office and be in the trustee's direct line of supervision. (2) Allows a coroner who is ineligible for another term of office due to term limits to be hired by the coroner's successor, even though the successor is a relative and will result in the coroner working in the successor's direct line of supervision. (3) Allows a sheriff to hire the sheriff's spouse as prison matron for the county and work in the sheriff's direct line of supervision. Limits the total compensation of the township trustee's employed relative to $5,000 per year. Provides that provisions concerning nepotism apply to a person who is a party to an employment contract with a unit. Requires a unit to implement a policy that complies with the nepotism law and contracting law and allows a unit to adopt a policy that is more stringent and detailed. Requires each elected official of the unit to annually certify in writing, subject to the penalties for perjury, that the official is in compliance with the nepotism and contracting law and to submit the certification to the executive of the local unit. Requires the executive of the local unit to file with the annual personnel report filed with the state board of accounts a statement regarding whether the unit has implemented a policy that complies with the nepotism law and contracting law. Provides that a unit can enter into or renew: (1) a contract for the procurement of goods and services; or (2) a contract for public works; with a relative of an elected official or a business entity in which a relative has an ownership interest if the elected official does not violate the criminal conflict of interest statute and the elected official makes full, written disclosure and satisfies any other requirements of the public purchasing law or the public works law.
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| SB0174 |
Local government reorganization.
(Lawson, Torr)
Position: NEUTRAL DigestEffective January 1, 2013, eliminates the requirement that a reorganization committee must be appointed to prepare the reorganization plan as part of a proposed local government reorganization. Provides that the legislative bodies of the reorganizing political subdivisions (rather than a reorganization committee) shall prepare the reorganization plan that must be adopted by the legislative bodies before the proposed reorganization is placed on the ballot. Requires that a reorganization plan must include a fiscal impact analysis. Specifies the required contents of the fiscal impact analysis. Provides that the fiscal impact analysis must specify any estimated effects on political subdivisions in the county that are not participating in the reorganization and on taxpayers located in those political subdivisions. Requires the fiscal impact analysis to be submitted to the department of local government finance (DLGF) at least six months before the election in which the public question will be on the ballot. Requires the DLGF to do the following within a reasonable time, but not later than 30 days before the public question: (1) Review the fiscal impact analysis. (2) Make any comments concerning the fiscal impact analysis that the DLGF considers appropriate. (3) Provide comments to the legislative body of the reorganizing political subdivisions and post the comments on the DLGF's Internet web site. Requires the reorganizing political subdivisions to pay the expenses incurred by the DLGF in carrying out the review and preparing the comments. Requires that a brief description of the reorganized political subdivision that will succeed the reorganizing political subdivisions must be placed on the ballot of the public question. Provides that for a public question voted on by voters after June 30, 2012, the county election board shall submit the language to the DLGF for review. Requires the DLGF to review the language of the public question to: (1) evaluate whether the description of the reorganized political subdivision is accurate and not biased; and (2) approve or make binding recommendations to the county election board regarding the ballot language. Requires the county election board to take final action to approve the ballot language. Provides that certification of a public question on a proposed local government reorganization must occur as required for other public questions under the election law. Provides that in the case of a proposed reorganization between a municipality and a township that is voted on by voters after December 31, 2012: (1) the voters residing within the municipality shall be included only in the tally of votes for the municipality and shall not be included in the tally of votes for the township; and (2) the voters who reside within the township but do not reside within the municipality shall be included only in the tally of votes for the township and shall not be included in the tally of votes for the municipality. For reorganizations voted on after December 31, 2012, requires (rather than allows) the use of an "approval threshold" in the case of a proposed local government reorganization involving a: (1) county and a municipality; or (2) a municipality and a township. (Under current law, "rejection thresholds" are optional and may be used only in a reorganization between a county and a municipality). Provides that for a reorganization that is voted on after December 31, 2012 between a county and a municipality to be approved, the number of voters voting to approve the reorganization must equal or exceed the approval thresholds set in the reorganization plan for: (1) the municipality; (2) for the area of the county outside the municipality; and (3) countywide. Provides that the approval threshold for the municipality and area of the county outside the municipality must be greater than 50% but not more than 55%. (Under current law the approval percentage for the countywide vote must be greater than 50%). Specifies that in order for a reorganization that is voted on after December 31, 2012 between a municipality and a township to be approved, the number of voters voting to approve the reorganization must equal or exceed the approval thresholds set in the reorganization plan for: (1) the municipality; (2) for the area of the township outside the municipality; and (3) for the combined area of the township and the municipality. Provides that the approval threshold for the municipality and the area of the township outside the municipality must be greater than 50% but not more than 55%. Provides that the approval percentage for the combined area of the municipality and the township must be greater than 50%. Provides that if a political subdivision is located in whole or in part within one or more other political subdivisions that reorganize and the first political subdivision does not participate in or does not approve the reorganization: (1) the reorganization does not affect the rights, powers, and duties of the first political subdivision; and (2) the reorganized political subdivision may not exercise within the first political subdivision any right, power, or duty unless that right, power, or duty was exercised within the first political subdivision before the reorganization by at least one of the reorganizing political subdivisions. Provides that a plan of reorganization may establish within a reorganized political subdivision territories or districts: (1) in which specified services provided by the reorganized political subdivision will be provided at different levels, quantities, or amounts; and (2) in which the fees, charges, or taxes imposed by the reorganized political subdivision will vary depending on the level, quantity, or amount of the services. Specifies that a reorganized political subdivision must continue to carry out the duties imposed by Indiana law on the reorganizing political subdivisions that combined to form the reorganized political subdivision. Specifies that a reorganized political subdivision created from two or more townships and at least one municipality that have reorganized: (1) may exercise park and recreation powers and establish a park and recreation board if the reorganized political subdivision's plan of reorganization authorizes the reorganized political subdivision to exercise those powers; and (2) may exercise planning and zoning power if the reorganized political subdivision's plan of reorganization authorizes the reorganized political subdivision to exercise those powers. Provides that such a reorganized political subdivision shall, by resolution or in the plan of reorganization, determine the number of members to be appointed to the reorganized political subdivision's park and recreation board, advisory plan commission, and board of zoning appeals. Provides that a political subdivision may not take certain actions within a reorganizing political subdivision after the date a plan of reorganization is finally adopted by all reorganizing political subdivisions unless one of the following occurs: (1) All reorganizing political subdivisions agree to allow the action by adopting identical resolutions. (2) The plan is rejected by voters in a referendum. (3) The plan is approved by voters and the earlier of the following occurs: (A) The plan is implemented. (B) One year elapses from the date the plan has been approved. Requires a town legislative body to adopt a resolution not later than 30 days after a petition is filed for a referendum on changing the town into a city. Provides that the date of the referendum must not be later than the earlier of the date of the next general election or the date of the next municipal election, at which a question may be placed on the ballot. Requires the first election of city officers to be held on the earlier of the date of the next general election or a municipal election following the date of the referendum. Provides that notwithstanding the statute setting out the classification of municipalities, for purposes of local government administration a municipality reorganized under the local government reorganization statutes may, subject to the approval of the department of local government finance: (1) be classified and described as set forth in the reorganization plan; and (2) maintain characteristics of any of the reorganizing political subdivisions.
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| SB0224 |
Various health and human services.
(Miller, T. Brown)
Position: NEUTRAL DigestRequires the state department of health, the division of fire and building safety, and the Indiana emergency medical services commission to report to the health finance commission before October 1, 2012, concerning specified information on ambulances and emergency medical services. Requires the agencies to consult with entities that may be affected by a proposal being considered for the report.
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| SB0307 |
Fire protection territories.
(Hershman, VanNatter)
Position: NEUTRAL DigestCodifies and makes permanent certain additional public hearing and information requirements that must be satisfied before the legislative body of a local unit can adopt an ordinance or a resolution to form a fire protection territory. (These additional requirements were enacted in P.L.172-2011, but under current law they are temporary and will expire on June 30, 2012.)Specifies that the notice provision applies to the notice of the hearing at which public comment is received regarding a proposed ordinance or resolution. Repeals the temporary provision.
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| SB0327 |
Registration of vehicles and license plates.
(Merritt, Soliday)
Position: watch
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| SB0345 |
Statewide 911 system.
(Hershman, Thompson)
Position: NEUTRAL DigestProvides for the expiration on July 1, 2016, of provisions that: (1) establish a public safety communications system and computer facilities district in a county having a consolidated city; and (2) allow certain other counties to establish a public safety communications systems district. Provides for transitional provisions to ensure that all obligations incurred by a district before July 1, 2016, are satisfied according to their terms. Repeals the statutes concerning: (1) the emergency telephone system fee (assessed by counties or municipalities for enhanced 911 service for users of wireline telephone service); (2) enhanced wireless emergency telephone service (and the accompanying fee assessed statewide on users of wireless service to provide for enhanced 911 service); and (3) emergency telephone notification systems. Repeals the provision that provides for the expiration and sunset on July 1, 2013 (if certain conditions are met), of the statute establishing the enhanced prepaid wireless charge. Establishes a statewide 911 system (which does not include a wireline enhanced emergency telephone system funded at the county level before the bill's repeal of the statute governing the wireline enhanced emergency 911 fee on July 1, 2012). Establishes the 13 member statewide 911 board (board) to administer the new system. Provides that the treasurer of state serves as the chair of the board. Provides that the board may do the following in addition to other enumerated powers: (1) Administer statewide 911 grants in accordance with state and federal guidelines. (2) Obtain from each PSAP operating statistics and other performance measurements. Establishes the statewide 911 fund (fund). Provides that the fund is a dedicated fund and that no transfers may be made from the fund by the board of finance or budget agency. Appropriates money in the fund. Provides that the board shall administer the fund. Provides that the treasurer of state may invest money in the fund. Requires the state board of accounts to audit the fund annually. Requires the board to impose a statewide 911 fee (fee) on each standard user of communications service in Indiana. Requires communications service providers to collect the fee as part of the monthly billing process. Requires the board to deposit the fees collected into the fund. Requires the wireless enhanced 911 advisory board to increase the amount of the prepaid wireless charge so that the amount of the charge imposed after June 30, 2012, equals $0.50. Provides that the monthly statewide 911 fee (fee) may not be raised or lowered: (1) more than one time in a calendar year; or (2) more than $0.10 by an adjustment without legislative approval. Prohibits a state agency or a local governmental unit from imposing any additional fee relating to the provision of 911 service. Provides that the board may use 15% of the fees deposited in the fund to: (1) recover the board's administrative expenses; and (2) develop, operate, and maintain a statewide 911 system. Specifies the manner in which the board must distribute money from the fund to counties. Provides that in determining a distribution from the fund for a county for any state fiscal year beginning after June 30, 2012, the board shall ensure that the distribution is at least equal to the average annual amount distributed to the county in wireless 911 fees and to all PSAPs in the county in wireline 911 fees during the three state fiscal years ending: (1) June 30, 2009; (2) June 30, 2010; and (3) June 30, 2011; increased by a percentage that does not exceed the percent of increase in the Consumer Price Index during the preceding twelve months. Specifies the permissible uses of funds distributed to a PSAP. Requires each PSAP to annually report to the board all call data and statistics specified by the board. Provides that if the board verifies that an expenditure by a PSAP does not comply with requirements of the statute, the board shall ensure that the fund is reimbursed in the dollar amount of the noncomplying expenditure from any source of funding available to the PSAP or to a unit in which the PSAP is located. Requires a communications service provider to provide to a PSAP the necessary user data to enable the PSAP to implement and operate a 911 system. Provides that proprietary information submitted to the board is confidential. Allows a county to establish an emergency notification system. Retains those provisions from the repealed statute concerning enhanced wireless emergency telephone service that provided that after December 31, 2014, a county may not contain more than one PSAP. Provides that after December 31, 2014, if a county contains more than two PSAPs, the county may not receive a distribution from the fund until the county contains no more than the authorized number of PSAPs. Specifies that funds that remain on June 30, 2012, in the wireless emergency telephone system fund shall be transferred on July 1, 2012, to the statewide 911 fund. Provides that funds that remain on June 30, 2012, in: (1) a county wireless emergency telephone system fund; or (2) a county wireline emergency telephone system fund; shall be transferred on July 1, 2012, by the county treasurer to the new county 911 fund required to be set aside by the county treasurer under the act. Makes conforming amendments.
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| SB0371 |
Emergency medical services matters.
(Mishler, Frye)
Position: NEUTRAL DigestRenames "emergency medical technician-intermediate" as "advanced emergency medical technician". Deletes the term "emergency medical technician-basic advanced". Renames "first responders" as "emergency medical responders". Authorizes the Indiana emergency medical services commission (commission) to implement an emergency services personnel certification program through emergency rules. Requires that an emergency medical dispatcher must have completed training that meets specified standards and removes language in which the commission certified an emergency medical dispatch agency. Makes conforming amendments.
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