Bill Track - Actions

HB1014

Age discrimination. (V. Smith, Kruse, M. Young, Tallian)

Digest

Provides that it is the public policy of the state to provide its citizens equal opportunity, regardless of whether an individual is 40 years of age or older, and to eliminate separation or segregation on the basis that an individual is 40 years of age or older. Transfers jurisdiction over age discrimination proceedings from the commissioner of labor to the civil rights commission. Prohibits certain actions by an employer, a labor organization, or an employment agency relating to discrimination against an individual 40 years of age or older, with an exception for certain employees of a state educational institution and for the board of directors of a corporation. Establishes procedures for filing an age discrimination complaint. Provides that an age discrimination claim properly filed with the department of labor will be adjudicated by the department of labor. Repeals provisions concerning the jurisdiction of the commissioner of labor over age discrimination cases.

HB1019

Limitation on school starting date. (Lehe)

Digest

Beginning with the 2010-2011 school year, prohibits schools from beginning student instructional days for the school year before September 1.

HB1020

Ignition interlock devices. (Duncan)

Digest

Provides that a court may grant probationary driving privileges to a person who is convicted of operating a vehicle or motorboat while intoxicated (OWI) and who does not have a previous OWI conviction or whose previous OWI conviction was at least ten years in the past and may order the person to not operate a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device for six months. Requires a court, when granting probationary driving privileges to: (1) a person who is convicted of OWI and whose previous OWI conviction was at least five but less than ten years in the past; or (2) a person who operated a vehicle with a certain alcohol concentration equivalent; to grant the probationary driving privileges subject to the condition that for six months the person may not operate a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device.

HB1024

Family leave for smaller employers. (Day)

Digest

Allows an employee who works for an employer that employs at least 20 employees but not more than 49 employees to take up to six work weeks of unpaid family leave to be with the employee's child or spouse for prenatal preparations or for the birth, adoption, serious illness, or injury of the employee's child, or the illness or injury of the employee's parent or spouse. Provides that an employee must work at least 30 hours per week to be eligible for family leave. Provides that an employer is not required to grant family leave to an employee who is among the highest paid 10% of employees. Requires an employer to notify an employee of the denial of family leave. Protects an employee's employment and benefit rights. Requires the commissioner of labor to enforce these provisions.

HB1031

Local option sales tax. (Wolkins)

Digest

Provides that a municipality may levy a local option gross retail tax of 1% of retail sales occurring in the municipality if the office of tourism development certifies the municipality as an outstanding Indiana tourist destination. Provides that a municipality that levies the local option gross retail tax may use the local option gross retail tax revenue for any lawful purpose. Provides that the department of state revenue shall maintain several data bases of local sales tax data associated with the local option gross retail tax, in accordance with the requirements of the Streamlined Sales and Use Tax Agreement.

HB1037

Product transfer between beer wholesalers. (VanHaaften)

Digest

Provides that a primary source of supply that acquires brands of beer or flavored malt beverages: (1) shall reappoint the existing beer wholesaler to distribute the brands; and (2) is prohibited from transferring the brands to another beer wholesaler; if the brands represent at least 15% of the existing wholesaler's dollar sales in the 12 months preceding the acquisition. Requires a primary source of supply that acquires brands of beer or flavored malt beverages to give a beer wholesaler notice of the primary source of supply's intent not to reappoint the wholesaler not later than 60 days after acquisition of the brands.

HB1065

Mandatory ignition interlock for DUI. (Crouch)

Digest

Requires a court to prohibit a person convicted of operating while intoxicated from operating a motor vehicle that is not equipped with an ignition interlock device for: (1) at least six months if the person does not have a prior conviction for operating while intoxicated; or (2) at least one year if the person has a prior conviction for operating while intoxicated. Requires a court to order the installation of an ignition interlock device if the court grants a person probationary driving privileges in connection with an operating while intoxicated offense. Makes conforming amendments. Repeals superseded provisions.

HB1091

Sale of tobacco through self-service displays. (Fry)

Digest

Makes it a Class C infraction for the owner of a retail establishment to sell or distribute: (1) chewing tobacco; (2) cigars, cigarettes, and snuff that contain tobacco; and (3) pipe tobacco; through a self-service display other than a coin operated machine. (The current law prohibits only the sale or distribution of cigarettes through the self-service display.)

HB1098

Illegal immigrant matters. (Tincher)

Digest

Requires the superintendent of the state police department to negotiate terms of a memorandum of understanding concerning a pilot project for the enforcement of federal immigration and customs laws. Prohibits an employer from knowingly employing, after June 30, 2010, an unauthorized alien. Authorizes the attorney general to: (1) investigate a complaint that an employer knowingly employed an unauthorized alien; and (2) notify United States Immigration and Customs Enforcement and the department of labor (department) under certain conditions. Authorizes the department to initiate administrative proceedings against an employer for knowingly employing an unauthorized alien. Requires employers to verify the employment eligibility of an employee through the federal employment verification pilot program. Prohibits the department from initiating an administrative proceeding against an employer that verifies the employment authorization of an employed individual through the pilot program. Establishes an affirmative defense if the employer complied in good faith with the federal employment verification requirements. Makes it a Class B misdemeanor to file a complaint, knowing the complaint is false or frivolous, with the attorney general. Prohibits a governmental body from enacting an ordinance, resolution, rule, or policy that prohibits or limits another governmental body from sending, receiving, maintaining, or exchanging information on the citizenship or immigration status of an individual. Prohibits a state agency or political subdivision from entering into or renewing a public contract for services with a contractor if the state agency or political subdivision knows that the contractor employs or contracts with unauthorized aliens. Allows a contractor of a public contract for services to terminate a contract with a subcontractor if the subcontractor employs or contracts with unauthorized aliens. Requires the department of workforce development to verify the lawful presence of certain individuals to determine the individual's eligibility for unemployment benefits through the SAVE program.

HB1122

Gift cards. (Cherry)

Digest

Provides that a person may not issue a gift card that is subject to an expiration date or a fee.

HB1207

Nutritional information at food establishments. (C. Brown)

Digest

Requires a food establishment with 20 or more locations in Indiana to make certain nutritional information available to customers for each item or unit of food. Establishes civil penalties for violations.

HB1213

Smoking ban in public places. (C. Brown, Dillon, Errington, Charbonneau)

Digest

Prohibits smoking, with certain exceptions, in: (1) public places; (2) enclosed areas of a place of employment; and (3) certain state vehicles. Requires any location that is exempt to post a sign stating that smoking is allowed on the premises. Requires the alcohol and tobacco commission to enforce the prohibition. Makes it a Class B infraction to violate the smoking prohibition and a Class A infraction if the person has three unrelated prior offenses. Allows local units of government to adopt smoking ordinances stricter than the state Repeals the current clean indoor air law that prohibits smoking in public buildings.

HB1263

Martinsville food and beverage tax. (Foley)

Digest

Allows the city of Martinsville to continue after December 31, 2015, to initiate projects funded by food and beverage tax revenues.

HB1281

Wineries. (Welch)

Digest

Allows the holder of an Indiana farm winery permit to own 50% or less of a limited wine wholesaler's permit. Allows an Indiana consumer to buy wine from a direct wine seller and have it shipped using a third party verification service retained by the winery (as an alternative to providing information in an initial face to face transaction with the winery). Allows a direct wine seller to direct ship not more than 90,000 liters of wine in Indiana in any permit year. Allows a direct wine seller to be issued a supplemental direct wine seller permit that entitles the permit holder to sell not more than 2,000 gallons of wine at wholesale during a permit year. Establishes a supplemental direct wine seller permit fee of $50 annually. Provides that the commission may: (1) fine a direct wine seller; and (2) suspend or revoke a direct wine seller's permit; for noncompliance. Repeals penalty provisions for noncompliance with the direct wine seller provisions.

HB1285

Various gaming matters. (VanHaaften, Becker, Deig)

Digest

Specifies that the gaming commission may require an individual to submit the individual's Social Security number in the course of an investigation. Requires licensed owners, operating agents, permit holders, and applicants to submit a proposed power of attorney to the gaming commission. Provides that the power of attorney must designate a trustee to operate the principal's riverboat or slot machine facility on behalf of the principal if certain events occur. Provides that the gaming commission must approve the trustee and the powers delegated to the trustee in the power of attorney. Specifies the conditions under which the trustee may conduct gambling operations on a riverboat or at a racetrack. Consolidates licensing requirements for riverboat and slot machine facility suppliers. Increases the suppliers' initial license fees and annual renewal fees from $5,000 to $7,500. Transfers duties concerning the gaming integrity fund from the gaming commission to the horse racing commission. Provides that a unit that receives county slot machine wagering fee revenue shall establish a fund, separate from the unit's general fund, into which the revenue shall be deposited. Provides that county slot machine wagering fee revenue (as well as riverboat gaming revenue, under current law), may be donated to a public school endowment corporation or a charitable nonprofit community foundation under certain conditions.

HB1286

Gaming in taverns. (VanHaaften)

Digest

Renames the winner take all drawings in taverns as qualified drawings. Specifies the manner in which qualified drawings may be conducted. Amends the definition of "qualified organization" to enable an organization that reorganizes or changes its name to obtain, if certain conditions are met, a charity gaming license under the new name. Allows a festival worker to make a wager on a game authorized by the festival license if the worker does not conduct or help to conduct that game. Provides that identifying information of an operator or a worker submitted to the gaming commission on an application for a license is confidential. Provides that only fraternal and veteran organizations may apply for an annual charity game night license. Specifies that a facility or location may not be used or rented for purposes of conducting an annual charity game night event on more than three calendar days per calendar week. Provides for a new retailer's endorsement renewal fee schedule and provides that the fee be submitted with the renewal form.

HB1288

Sales tax on lottery tickets. (Herrell)

Digest

Imposes the state gross retail tax on the sale of lottery tickets. Establishes the lottery sales tax fund to: (1) pay the expenses of the stroke prevention task force; and (2) provide scholarships to Indiana residents attending state educational institutions. Requires state gross retail taxes collected on the sale of lottery tickets to be deposited in the fund. Repeals the expiration date of the stroke prevention task force and the sales tax exemption for lottery tickets.

HB1295

Taxes on alcoholic beverages for health care. (T. Brown)

Digest

Increases the excise taxes on all alcoholic beverages. Establishes the health care fund. Requires the family and social services administration to use the money to make intergovernmental transfers for disproportionate share hospital care, hospital care for the indigent, and the hospital care for the indigent upper payment level program. Specifies that 25 percent of the new revenue must be used to make payments to physician providers participating in Medicaid. (The introduced version of this bill was prepared by the select joint commission on Medicaid oversight.)

HB1297

School start and end dates. (Ruppel)

Digest

Prohibits public schools and accredited nonpublic schools from beginning student instructional days for a school year earlier than six school days before Labor Day of a year and from extending the school year beyond ten school days after Memorial Day of the following year, beginning with the 2010-2011 school year.

HB1298

Require identification to buy alcoholic beverages. (Culver)

Digest

Requires a seller of alcoholic beverages to require a consumer to present proof that the consumer is at least 21 years of age, regardless of the apparent age of the consumer. Provides that a permittee who fails to require a consumer to provide identification commits a Class A infraction.

HB1304

Type II gaming license renewal fees. (Tyler)

Digest

Provides that the fee for renewing a type II gaming retailer's endorsement is $250. Repeals the renewal fee structure that is based upon the previous year's adjusted gross revenue.

HB1354

Length of school year. (Dvorak)

Digest

Provides that a school corporation shall conduct at least: (1) 900 hours of instructional time for students in grades 1 through 6; and (2) 1,080 hours of instructional time for students in grades 7 through 12; in not less than 170 student instructional days each school term. Provides that the break between consecutive school terms is at least 11 weeks. Provides that, except for year-round schools, a school term may not begin before the fourth Monday in August. Modifies the formula for determining the reduction in the August tuition support distribution to a school corporation that fails to conduct the minimum number of student instructional days during a school term.

HB1410

Study of vehicle registration and plate suspension. (Burton)

Digest

Establishes the interim study committee on vehicle registration suspension and license plate forfeiture. Requires the committee to study: (1) the means by which the registration of a motor vehicle may be suspended and its license plate subject to forfeiture when the driver's license of the individual to whom the motor vehicle is registered has been suspended for operating a vehicle while intoxicated; and (2) the method by which the motor vehicle's registration may be reinstated and its license plate reissued upon application by a member of the individual's household who possesses a valid driver's license.

HB1529

Gift cards. (Reardon, Broden, Charbonneau, Yoder)

Digest

Provides that a person may not issue a gift card that is subject to an expiration date or a fee.

HB1570

Deposit on beverage containers. (Tincher)

Digest

Requires returnable beverage containers to be used beginning in 2010. Requires a ten cent refundable deposit on each of these containers. Allows manufacturers or distributors to be the originator of the deposit. Requires retailers to make cash refunds to consumers. Requires distributors to make cash refunds to retailers. Requires an originator of deposits to file a deposit report with the state and pay any excess deposits it collects. Provides that deposits that escheat to the state are to be used to compensate retailers for taking returns, to cover administrative costs of the state, and to provide revenue to the Indiana heritage trust fund. Provides that the department of state revenue is the administrator of the program. Imposes a penalty for a general violation of the law of not less than $100 and not more than $1,000 plus costs and attorney fees associated with a civil action filed to collect the penalty. Provides that a person that returns or attempts to return nonreturnable containers commits either: (1) a Class C infraction if it involves at least 25 but not more than 100 nonreturnable containers; or (2) a Class C misdemeanor if it involves more than 100 nonreturnable containers or is a second or subsequent violation. Requires that the person must also pay the amount of loss caused to the retailer by the violation. Requires retailers to post a sign setting forth these penalties.

HB1613

Increases alcoholic beverage excise taxes. (Klinker)

Digest

Increases the beer and cider excise tax from $0.115 to $0.65 per gallon. Increases the wine excise tax from $0.47 to $2.07 per gallon. Increases the liquor excise tax from $2.68 to $6.95 per gallon. Provides that each of the funds that receives these excise taxes will receive the same percentage of the new rates as the percentage it receives under the existing rates.

HB1677

Gaming at satellite facilities. (Austin)

Digest

Raises the maximum amount of county slot machine wagering fees payable to Madison County from $8,000,000 to $10,000,000. Authorizes slot machine wagering at a satellite facility in Allen County. Imposes a slot machine wagering fee equal to 10% of the adjusted gross receipts attributable to slot machine wagering at a satellite facility in Allen County. Requires the fee to be transferred to the treasurer of Allen County for distribution.

HB1692

Sunset state boards and commissions. (Borror)

Digest

Terminates numerous statutory boards, commissions, committees, and other governmental entities on July 1, 2012. Directs the legislative services agency, under the direction of the legislative council, to prepare legislation to bring affected statutes into compliance with this act.

HB1700

Consolidation of agencies. (Murphy)

Digest

Transfers the powers and duties of the Indiana bond bank to the Indiana finance authority. Transfers the powers and duties of the Indiana tobacco use prevention and cessation executive board to the executive board of the state department of health. Establishes the department of Indiana heritage. Allows the natural resources commission to establish fees for admission to historic sites. Changes the organization and duties of the division of state museums and historic sites and the division's board of trustees. Establishes the historic site fund, and requires the admission fees and historic property sales to be deposited in the historic site fund (instead of in the museum acquisition fund). Provides that at least 51% of the fees collected from a particular historic site must be used for the educational programs conducted at the historic site and for the maintenance and operation of the historic site. Converts the Indiana education employment relations board to a division of the department of education. Requires the state personnel department and the budget agency to study the structure of the department of Indiana heritage, including whether the following entities should be transferred to the department of Indiana heritage: (1) The division of historic preservation and archeology of the department of natural resources (DNR). (2) The department of natural resources, division of museum and historic sites. (3) The Indiana historical bureau. (4) The Indiana state library. (5) The Indiana war memorials commission. (6) The Indiana state archives program of the commission on public records. (7) The Wabash River heritage corridor commission. Makes conforming changes. Repeals statutes concerning the organization and administration of the abolished entities.

SB0032

Notice of meetings. (Mrvan)

Digest

Requires a public agency to give notice of the agency's meetings to any person who makes an annual request for notice. Requires the public agency to charge a $10 fee for providing notice by mail. Requires notice to be given at least five business days before a meeting that does not deal with an emergency.

SB0033

Equivalent jobs and wage discrimination. (Mrvan)

Digest

Provides that an employer may not discriminate against an employee on the basis of sex, race, or national origin by paying a wage less than the wage paid to an employee of another sex, race, or national origin for work in an equivalent job. Requires an employer to keep certain records of wages paid to an employee and to provide certain documentation to the employee, including an annual statement of how the wages were calculated. Requires the department of labor to adopt rules, including specification of certain criteria for determining whether a job is dominated by employees of one sex, a particular race, or a particular national origin. Allows an employee claiming wage discrimination to file a complaint with the civil rights commission. Authorizes a civil action against an employer that fails to comply with certain wage reporting requirements or that takes certain discriminatory actions. Provides for damages against the employer in certain circumstances. Makes conforming changes.

SB0060

Prohibit retention of certain access device data. (Walker, Delaney)

Digest

Prohibits a person that accepts an access device card, such as a credit card, debit card, or stored value card, in connection with a transaction, from retaining the card security code, the PIN verification code number, or the full contents of the information contained in the magnetic stripe or microprocessor chip of the access device: (1) after authorization of the transaction if the transaction is not a PIN debit transaction; or (2) more than 48 hours after authorization of the transaction if the transaction is a PIN debit transaction. Requires a person that violates the prohibition to reimburse a state or federally chartered or federally insured financial institution for the costs associated with a breach of the security of a system of the person.

SB0081

School year. (Kruse)

Digest

Prohibits public schools and accredited nonpublic schools from beginning student instructional days for the school year before the first Monday in September (Labor Day) and from extending the school year beyond June 15, beginning with the 2010-2011 school year. Makes an exception for year-round schools.

SB0176

Office of performance review. (Zakas)

Digest

Establishes the office of performance review within the state board of accounts.

SB0242

Notice of lobbyist contact with legislators/staff. (Delph)

Digest

Requires a lobbyist to file weekly legislative contact reports with the lobby registration commission. Requires a legislative contact report to contain: (1) the name of each member of the general assembly, officer of the general assembly, or employee of the general assembly with whom the lobbyist has had any communication to influence any legislative action; (2) whether the lobbyist communicated with the governor or any member of the staff of the office of the governor regarding any legislative action; and (3) for each identified communication, the date and time of the communication and the nature of the legislative action that was the subject of the communication. Requires legislative contact reports to be filed electronically and be available online the next day after the reports are required to be filed.

SB0243

Reduction of sales and use tax rate. (Delph)

Digest

Reduces the state gross retail and use tax rate from 7% to 6% effective January 1, 2011, if the joint resolution adopted by the 115th general assembly that proposes a constitutional amendment on property tax matters is not agreed to by the 116th general assembly before November 3, 2010. Makes corresponding changes.

SB0252

Operating while intoxicated. (Wyss, Broden, Tincher)

Digest

Specifies alcohol concentration equivalents for blood tests conducted on blood serum instead of whole blood for use in laws concerning the operation of motor vehicles and motorboats while intoxicated.

SB0274

Ignition interlock devices. (Head)

Digest

Requires a court to prohibit a person convicted of operating while intoxicated from operating a motor vehicle for at least 90 days if the vehicle is not equipped with an ignition interlock device. Makes conforming amendments. Repeals superseded provisions.

SB0279

Remote alcohol monitoring detention. (Miller)

Digest

Specifies that a remote alcohol monitoring program is a program in which a person is required to wear at all times a portable device capable of automatic or on demand testing, recording, and transmission of the person's alcohol consumption level. Authorizes a court to require a person to participate in a remote alcohol monitoring program as a condition of probation, community corrections, or participation in a reentry court program.

SB0282

Prohibit smoking in public places. (Errington)

Digest

Prohibits smoking in public places and places of employment. Establishes certain civil penalties for violations. Requires that the civil penalties collected for violations be deposited into the tobacco use prevention and cessation trust fund.

SB0294

Identity deception. (Steele, L. Lawson)

Digest

Creates the identity theft unit (unit) in the office of the attorney general, and specifies that the unit shall: (1) investigate consumer complaints related to identity theft; (2) assist victims of identity theft; (3) cooperate with law enforcement investigations related to identity theft; (4) assist state and federal prosecuting attorneys in the investigation and prosecution of identity theft; and (5) promptly notify the appropriate law enforcement agency and prosecuting attorney if there is reasonable suspicion to believe that a person has committed identity theft. Authorizes certain agencies and persons to cooperate with the unit in investigating identity theft, and authorizes a prosecuting attorney to deputize the attorney general or a deputy attorney general to assist in the prosecution of an identity theft case. Provides that the unit may establish an educational program to inform consumers concerning identity theft. Requires the owner of a data base to notify the attorney general and the owner's regulator, if applicable, of a breach of the security of data. Requires a data base owner to take certain steps to safeguard data unless the data base owner has its own safeguards in accordance with certain federal laws. Provides certain rights to the victims of identity theft. Increases the penalty for identity deception committed against the person's child to a Class C felony. Provides that unlawfully using identifying information that identifies a fictitious person or a person other than the person who is using the information but that does not belong in its entirety to any live or deceased person constitutes synthetic identity deception. Makes other changes and conforming amendments.

SB0298

Various lottery matters. (Merritt, Grubb)

Digest

Authorizes the lottery commission to obtain an individual's Social Security number in the course of an investigation of a vendor or retailer. Extends the period in which an instant prize may be claimed from 60 to 180 days after the end of the lottery game. Provides that the right to a prize in the state lottery is not considered an account for purposes of the Uniform Commercial Code. (This provision eliminates a conflict between the lottery law, which does not permit the right to a prize to be assigned, and the Uniform Commercial Code, which does.) Requires the lottery commission to deduct from a lottery prize amounts intercepted by law for payment to the state and pay the balance of the prize to the prize winner. (Current law requires the lottery commission to transfer the prize to the auditor of state who makes the deduction and pays the balance to the prize winner.)

SB0332

Direct wine sales. (Steele)

Digest

Provides that a person who engages in the retail sale of wine is eligible for a direct wine seller's permit. Removes requirements that before a direct wine seller (seller) may sell to a consumer: (1) the consumer must provide information in one face-to-face transaction at the seller's place of business; or (2) under certain circumstances, the consumer must provide a verified statement that the consumer is at least 21 years of age, and the seller must provide information to the alcohol and tobacco commission (commission). Amends the eligibility requirements for a direct wine seller's permit. Requires a consumer to provide the consumer's name, valid delivery address and telephone number, payment, and proof of age by a state issued driver's license or identification card, electronically or otherwise transmitted, before a seller may sell wine directly to a consumer. Requires sellers to remit quarterly to the department of state revenue all Indiana excise taxes and sales and use taxes due on the shipments made into Indiana. (Current law requires the sellers to remit the taxes monthly.) Allows a holder of an alcoholic beverage permit to sell or offer to sell an alcoholic beverage on credit to an individual who does not hold an alcoholic beverage permit. Makes it a Class C infraction for a consumer to resell wine purchased from a holder of a direct wine seller's permit. Makes conforming changes. Repeals provisions that: (1) require a consumer to provide certain information to a seller; (2) restrict the amount of wine a seller may direct ship in Indiana during a permit year; and (3) restrict the amount of wine a consumer may receive in a calendar year.

SB0333

Wineries. (Steele)

Digest

Allows the holder of an Indiana farm winery permit to own 50% or less of a limited wine wholesaler's permit. Allows an Indiana consumer to buy wine from a direct wine seller and have it shipped using a third party verification service retained by the winery (as an alternative to providing information in an initial face to face transaction with the winery). Allows a direct wine seller to direct ship not more than 90,000 liters of wine in Indiana in any permit year. Allows a direct wine seller to be issued a supplemental direct wine seller permit that entitles the permit holder to sell not more than 2,000 gallons of wine at wholesale during a permit year. Establishes a supplemental direct wine seller permit fee of $50 annually. Provides that the commission may: (1) fine a direct wine seller; and (2) suspend or revoke a direct wine seller's permit; for noncompliance. Repeals penalty provisions for noncompliance with the direct wine seller provisions.

SB0371

Nonsmoking tobacco products tax. (Kruse)

Digest

Increases the tobacco products tax (nonsmoking) from 24% to 31% of the wholesale price. Reduces the collection allowance from 0.006 to 0.0052 of the amount due. Provides that $1,500,000 of the revenue from the increase is appropriated to the department of health for prenatal substance abuse programs and the remainder of the increase is deposited in the Indiana check-up plan trust fund.

SB0382

Alcoholic beverage sales on election day. (Alting)

Digest

Allows alcoholic beverages to be sold on election days.

SB0399

Smoking ban in public places. (Dillon)

Digest

Prohibits smoking in public places and places of employment. Provides exceptions to the smoking prohibitions. Allows a person who owns or controls an establishment, facility, or outdoor area that does not qualify as a public place or place of employment to declare the area a nonsmoking place. Requires the posting of "no smoking" signs in and the removal of ashtrays from a public place or place of employment. Prohibits firing or refusing to hire a person for reporting a violation or exercising an obligation under the smoking ban law. Prohibits smoking on school buses. Requires the department of health (department) or the department's designee to enforce the smoking prohibitions. Requires the department to establish a schedule of civil penalties. Establishes the public smoking enforcement fund. Provides procedures for administering civil penalties for violations. Establishes duties for the department. Provides procedures for administering civil penalties for violations. Allows local governments to adopt more restrictive anti-smoking ordinances. Repeals the current clean indoor air law and related definitions. Makes conforming changes.

SB0407

Alcoholic beverage permits. (Sipes)

Digest

Allows the alcohol and tobacco commission to issue a three-way permit to a restaurant in a city or town with a population of less than 25,000, if: (1) the permit applicant has a one-way or two-way permit; and (2) the permit applicant's establishment is qualified to hold a three-way permit but for the quota provisions. (Current law applies this provision only to a city or town with a population of less than 20,000.)

SB0414

Charity gaming. (Deig, Leising, VanHaaften)

Digest

Provides that a charity gaming patron is not required to submit and a qualified organization is not required to obtain, record, or report the name, signature, driver's license number, or other identifying information of a charity gaming patron unless the qualified organization is required to withhold adjusted gross income tax from a prize winner. Provides that an administrative rule that requires a patron to submit or a qualified organization to obtain, record, or report information that is inconsistent with these provisions is void. Specifies that a qualified organization is not required to obtain licensed supplies from a licensed manufacturer or distributor if pull tabs, punchboards, or tip boards are obtained from the lottery commission or if reusable supplies are borrowed from another qualified organization. Allows an individual to be an operator for three qualified organizations in a calendar month. (Current law limits an individual to serving one qualified organization per month.) Allows a worker at a festival to participate in events that the worker does not personally conduct or help to conduct. Provides that an individual may not be a worker for more than three qualified organizations in a calendar month.

SB0442

Sunday carryout by microbreweries. (Simpson, Alting)

Digest

Allows a microbrewery to sell the brewery's beer for carryout on Sunday.

SB0468

Merchant's collection allowance. (Mrvan)

Digest

Reduces the retail merchant's collection allowance in current law by 50%.

SB0474

Local sales taxes. (Stutzman)

Digest

Provides that a municipality may levy a local option gross retail tax of 1/2% of retail sales occurring in the municipality if the office of tourism development certifies the municipality as an outstanding Indiana tourist destination. Provides that a municipality that levies the local option gross retail tax may use the local option gross retail tax revenue for any lawful purpose. Provides that the department of state revenue shall maintain several data bases of local sales tax data associated with the local option gross retail tax, in accordance with the requirements of the Streamlined Sales and Use Tax Agreement.

SB0477

Department of workforce development collections. (Kruse, Niezgodski)

Digest

Authorizes the department of workforce development (DWD) or its agent to collect delinquent unemployment insurance assessments and benefit overpayments after filing a judgment lien for the amount due. Limits the use of certain collection methods to individuals whose overpayment of unemployment insurance benefits occurred as the result of fraud. Authorizes collection of a judgment lien by taking any of the following actions: (1) Levy upon property held by a financial institution. (2) Garnishment. (3) Levy and sale of real or personal property. (4) Use of a data match system with financial institutions. Authorizes the DWD to employ special counsel or contract with a collection agency and to set the fee that the counsel or agency receives. Adds collection fees to the judgment lien amount. Lengthens from one to three years the time in which the DWD may begin a collection action against an officer or director of a corporation or a member of a limited liability company or partnership effecting a dissolution, liquidation, or withdrawal. Establishes civil penalties that may be assessed against a financial institution that fails to provide information required for a data match system. Provides immunity for a person or entity taking an action in good faith to collect unemployment insurance assessments or benefit overpayments unless the action is contrary to the DWD's direction to the person or entity.

SB0511

Various vehicle and motorboat matters. (Charbonneau, Austin)

Digest

Allows the criminal justice institute to set license fees for commercial driver training schools and instructors by rule. Provides that a probationary operator's license expires at midnight of the date the holder becomes 21 years and 30 days of age. (Current law provides that the probationary license expires at midnight of the day of the holder's twenty-first birthday.) Allows the bureau of motor vehicles to place an identifying symbol on the face of the certain permits, licenses, or identification cards to indicate that the applicant has a medical condition. Provides that certain offenses committed under the law of the United States or in another state that are substantially similar to certain offenses committed in Indiana be counted toward an accumulation of offenses for purposes of an individual being adjudged a habitual violator of traffic laws. Includes motorboats in the category of vehicles for which an individual is prohibited from operating while intoxicated. Provides that after June 30, 2009, the penalties for operating a motorboat while intoxicated are the same as for operating a wheeled vehicle while intoxicated, and repeals current law pertaining to operating a motorboat while intoxicated. Makes corresponding changes. Makes technical corrections.

SB0541

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% 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.

SB0542

Ignition interlock devices. (Steele)

Digest

Changes the requirements and lengths of time for which a court must order probationary driving privileges subject to the condition that a person may not operate a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device. Requires a person who is granted probationary driving privileges subject to the condition that the person may not operate a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device to pay all costs associated with the installation of an ignition interlock device. Requires a person convicted of certain operating while intoxicated offenses to be imprisoned for at least five days or to perform at least 180 hours of community restitution or service. Requires an ignition interlock device manufacturer to submit monthly reports of device failures to the bureau of motor vehicles.

SB0546

Natural resources matters. (Mishler, Bischoff)

Digest

Establishes navigation rules for sailboats and nonmotorized boats. Removes the element of endangering others from the definition of "intoxicated" in the boating law. Amends the evidence requirements for blood alcohol content. Transfers the responsibility for the governors' portraits collection and governors' portraits fund from the historical bureau to the division of state museums and historic sites. Removes the authority of a person with a federal permit to take or possess a migratory bird or the nest, eggs, or increase of a migratory bird during the closed season. Adds mourning doves to the list of game birds that require a habitat restoration stamp to hunt. Establishes nonresident youth hunting and trapping licenses. Establishes a voluntary resident senior license to fish. Allows certain transfers for money dedicated for fish and game purposes to be transferred to the nongame fund. Provides that fumigation with methyl bromide of nursery seedling beds is an official pest control treatment. Repeals and relocates governors' portraits laws.

SB0557

Small employer health coverage pool. (Errington)

Digest

Requires the department of insurance to establish a small employer health coverage pool for employees of certain small employers.