Bills to Be Read by the State Legislators, Thursday 3/6/17

Bills to Be Read by the Senate

The following bills are to be Read by the State Senate tomorrow, Thursday, April 6, 2017.
You can read more on them here. 

Third reading, most likely vote

HB 1001 - State biennial budget. Appropriates money for capital expenditures, the operation of the state, K-12 and higher education, the delivery of Medicaid and other services, and various other distributions and purposes. Provides for bonding authority for capital projects for higher education institutions. Terminates the legislative evaluation and oversight program. Replaces the statutory appropriation from the counter-cyclical revenue and economic stabilization fund to the state general fund based on the budget report with a limited discretionary transfer determined by the budget director and approved by the governor, after review by the budget committee. Requires the attorney general to include certain language concerning settlement funds in proposed court order language. Establishes the agency settlement fund for purposes of receiving certain funds paid to the state as part of a settlement or similar agreement. Establishes the personal services/fringe benefits contingency fund for the purpose of allotting money to departments, institutions, and state agencies for: (1) salary increases; (2) fringe benefit increases; (3) an employee leave conversion program; (4) state retiree health programs; and (5) any related expenses. Provides that the budget agency shall administer the fund and may use money in the fund only with the approval of the governor. Specifies that money in each horse breed development fund is continuously appropriated to make payments ordered by the horse racing commission. Specifies that the horse racing commission's share of the money in the gaming integrity fund is continuously appropriated to carry out the purposes of the fund. Merges the law enforcement academy building fund and the law enforcement training fund into the law enforcement academy fund with no changes to the funds' uses. Allows the law enforcement academy to charge a fee to all users for training and corresponding marginal and fixed costs according to an annual cost and fee schedule approved by the budget director. Allows the academy to house and train law enforcement agencies from outside Indiana. Establishes the Indiana tourism task force to study the tourism departments of other states for the purposes of learning: (1) the structure of state tourism departments; (2) the level of funding provided to state tourism departments; and (3) the relationship between state funding of a state's tourism department and the economic impact of tourism on the state. Increases the maximum school scholarship income tax credits that may be awarded during a state fiscal year beginning after June 30, 2017, to $12,500,000. Provides that an acute care hospital is entitled to a credit against the hospital's adjusted gross income tax liability equal to 20% of the property taxes paid in Indiana. (The current credit is equal to 10% of the property taxes paid in Indiana.) Specifies that the credit applies only to taxes on real property. Provides that the amount of any unused credit may be claimed as a refundable tax credit. Authorizes the county council of Vigo County to adopt a county food and beverage tax. Provides that the tax rate may not exceed 1%. Specifies the purposes for which the revenue may be used. Requires the budget agency to retain and transfer to the department of state revenue in 2019 a part of the certified distribution of local income tax that is equal to the amount of the certified distribution that represents certified shares for calendar year 2018 multiplied by 0.5%. Specifies that the money in the standardbred horse fund is continuously appropriated to carry out the purposes of the fund. Provides that a governmental entity may issue a request for information with respect to a public-private agreement: (1) to consider the factors involved in, the feasibility of, or the potential consequences of a contemplated project involving a public facility or transportation project; (2) to prepare a request for proposals; or (3) to evaluate any aspect of an existing public-private agreement. Provides that responses to a request for information are confidential unless confidentiality is waived in writing. Specifies that a person denied the right to inspect or copy records designated as confidential may file a formal complaint with the public access counselor or may request an advisory opinion or make an informal inquiry. Provides that the governmental entity issuing the request for information is not required to take any action after receiving a response to a request for information. Repeals provisions authorizing the Indiana finance authority to enter into a public-private agreement for communications systems infrastructure with a single offeror based solely on a request for information. Requires the state board of finance to notify the state board of education and the department of education (DOE) when the state board of finance takes certain actions. Authorizes the Indiana department of veterans' affairs to make grants to be used for the purpose of providing services to veterans. Provides for an increase in the reimbursement rate for certain services provided to an individual under a Medicaid waiver and whose services are delivered by direct care staff. Provides that the state personnel department is the entity responsible for maintaining the plans of self-insurance for employees, including retired employees, of the state police department, conservation officers of the department of natural resources, and the state excise police. Changes the expiration dates for the hospital assessment fee and the health facility quality assessment fee from June 30, 2017, to June 30, 2019. Provides that deer research and management fund fee revenue, migratory waterfowl stamp revenue, and game bird restoration stamp revenue may be retained in the fish and wildlife fund if the budget agency finds that it would reduce the balance in the fish and wildlife fund below $3,000,000 at the end of the state fiscal year. Modifies the replacement facility exemption for purposes of the prohibition on the approval of licensure of comprehensive care health facilities and comprehensive care beds, and extends the prohibition through June 30, 2019. Increases the funding from $6,600 to $6,750 per student for three charter schools that provide adult education. Changes the number of students for these schools that may be funded. Provides that the spring ADM count of students is only for informational purposes. Specifies the foundation amounts, special education grant amounts, and honors diploma award amounts. Requires the state board of education to amend its rule establishing developmental delay as a disability category to provide that, beginning July 1, 2018, developmental delay is a disability category solely for students who are at least three years of age and less than nine years of age. (Currently, developmental delay is a disability category solely for students who are at least three years of age and not more than five years of age.) Adds developmental delay as a category for mild and moderate disabilities for purposes of determining special education grant amounts. Requires the department of workforce development (DWD), with approval of the state board of education, to designate each career and technical education program (program) based on specified program designations. Provides that a program must be approved by the DWD in order for a school corporation to receive a career and technical education enrollment grant (grant). Specifies the calculation and the amount of a school corporation's grant beginning after June 30, 2018. Makes changes to the definitions used to determine grant amounts. Requires virtual charter schools to report annually certain information to the DOE. Deletes choice scholarships from the statute concerning proportionate reduction in the amount of basic tuition support, honors diploma awards, complexity grants, special education grants, career and technical education grants, and Mitch Daniels early graduation scholarships if the total amount to be distributed for those purposes for a state fiscal year exceeds the amounts appropriated by the general assembly. Deletes the provision specifying that the DOE shall accept applications for choice scholarship students from September 2 through January 15 for the spring semester of the current school year. Changes, for the school years beginning after June 30, 2016, and ending before July 1, 2018, the manner in which average daily membership is determined for the School City of East Chicago school corporation. Provides for a teacher appreciation grant for school corporations if one or more licensed teachers employed in the classroom by the school corporation were rated as effective or as highly effective, using the most recently completed teacher ratings. Provides that a teacher appreciation grant shall be allocated among and used only to pay cash stipends to all licensed teachers employed in the classroom who are rated as effective or as highly effective. Provides that a virtual school may not receive a teacher appreciation grant. Allows the Muncie community school corporation to sell a school building located adjacent to the Ball State University campus to Ball State University without first making the school building available to a charter school for lease or purchase. Permits the School City of East Chicago school corporation to request a waiver to exempt the Carrie Gosch Elementary School building from the requirement to make the school building available to a charter school for lease or purchase. Requires the DOE to grant the waiver if requested. Authorizes the Gary Community School Corporation, while it is designated as a distressed political subdivision, to request a waiver from the DOE from the requirements to make school buildings available to a charter school for lease or purchase. Requires the DOE to grant the waiver if requested. Amends the primary care shortage area scholarship statute to provide that it applies to qualifying applicants who will practice in Indiana (rather than only those who will practice in a primary care shortage area). Specifies that the scholarship may also be awarded to qualifying nonresidents who intend to remain in Indiana (but provides that the commission for higher education (CHE) shall give a preference to Indiana residents when awarding such a scholarship). Deletes the requirement that the scholarship may only be awarded to a student in the first year class. Specifies the maximum amounts of the scholarship (depending on the class year in which it is awarded). Provides that the CHE (in coordination with the Marian University College of Osteopathic Medicine) shall administer the scholarship program. Excludes Ivy Tech Community College, from July 1, 2017, to January 1, 2018, from the provisions that apply to the sale of real estate by a state educational institution. Makes the automated record keeping fee permanent. Maintains the $5 fee on actions resulting in a pretrial diversion program agreement or deferral program agreement. Increases from the fee on other actions from $19 to $20. Provides that the statute establishing Indiana works councils expires July 1, 2018. Removes a provision in current law that would lower the document storage fee from $5 to $2 after June 30, 2017. Provides $5,000,000 from a 2013 appropriation for the health and safety contingency fund to rehabilitate a state owned building to be used to provide services to Indiana's veterans. Requires the budget agency to transfer an amount from the state general fund to the state bicentennial capital account to cover obligations incurred before July 1, 2017. Provides that the amount transferred may not exceed $5,500,000. Extends the legislative and judicial branch leave conversion pilot program through June 30, 2019. Requires the budget agency to do a comparison of salary and benefits for conservation officers, state excise police, and gaming agents. Repeals: (1) the bonding authority enacted in 2007 for the Purdue University West Lafayette-Animal Disease Diagnostic Laboratory; and (2) the bonding authority enacted in 2009 for the Indiana University Southeast education and technology building. Requires the CHE to: (1) review the metrics used in the performance funding formula to ensure that those metrics are aligned with the state's higher education goals; and (2) make recommendations before July 1, 2018, to the legislative council and the governor concerning the metrics used in the performance funding formula. Requires the CHE to study the effectiveness of the academic program at the Indiana Academy for Science, Math, and Humanities and report its findings to the legislative council and the governor. Urges the legislative council to assign to the interim study committee on courts and the judiciary the topic of studying issues related to providing indigent defense services to persons charged with a misdemeanor and providing defense services to children who are alleged to be children in need of services. 

HB 1130 - Protections for student journalists. Provides freedom of speech and freedom of press protections for grades 9 through 12 and state educational institution student journalists. Requires each school corporation and charter school to adopt a policy concerning student journalist protections. Provides that a public school or school corporation may not suppress school sponsored media unless certain conditions apply. Provides that public schools, school corporations, and state educational institutions are immune from civil liability for any injury resulting from school sponsored media produced by a student journalist except for acts or omissions that constitute gross negligence or willful, wanton, or intentional misconduct.

Concurrence

SB 335 - Child abuse education and policies. Requires, not later than July 1, 2018, the department of education (department) to make available model educational materials and model response policies and reporting procedures concerning child abuse and child sexual abuse to assist schools with the implementation of: (1) child abuse and child sexual abuse education programs in kindergarten through grade 12; and (2) child abuse and child sexual abuse response and reporting policies. (Current law requires the department to make available the model educational materials and model response policies and reporting procedures concerning child abuse and child sexual abuse to assist schools with the implementation of: (1) child abuse and child sexual abuse education programs in grades 2 through 5; and (2) child abuse and child sexual abuse response and reporting policies.) Requires that the: (1) materials and guidelines provided to assist a safe school committee in developing a plan and policy for a school include the model educational materials and the model response policies and reporting procedures; and (2) plan and policy developed by the safe school committee; must address the issues of child abuse and child sexual abuse. Requires the child abuse and child sexual abuse response and reporting policies to include information on the duty to report suspected child abuse or neglect. Beginning in 2018, requires, not later than December 15 of each year, a public school, including a charter school and an accredited nonpublic school, to provide age appropriate and research and evidence based instruction on child abuse and child sexual abuse to students in kindergarten through grade 12. Provides that a school corporation, charter school, or nonpublic school that employs one or more employees may not establish a policy that restricts or delays the duty of an employee or individual to report suspected child abuse or neglect. Provides that the legislative council is urged to assign to the education interim study committee during the 2017 legislative interim the topic of teacher training requirements regarding student behavior and health issues.

Bills to Be Read by the House

The following bills are to be Read by the House tomorrow, Thursday, April 6, 2017.
You can read more on them here. 

Third reading, most likely vote
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SB 29 - Elective course on Indiana studies. Requires each: (1) school corporation; (2) charter school; and (3) eligible school; to offer Indiana studies as a one semester elective course in its high school curriculum at least once every school year. Provides that the course may be offered through a course access program administered by the department of education. Makes changes to a provision regarding a functional workplace Spanish designation. Provides that a school corporation may designate a full-time employee of the school corporation to represent the school corporation in a small claims court action to collect unpaid required fees if the claim does not exceed $1,500.

SB 30 - Student school information. Requires the department of education (department), for each spring semester and each fall semester, to distribute to each school corporation: (1) the name of each eligible school in which an eligible choice scholarship student who has legal settlement in the school corporation is enrolled; (2) the number of the eligible choice scholarship students who are enrolled in each eligible school for the school year; and (3) certain information regarding the number of students who have legal settlement in a school corporation and attend a public school maintained by another school corporation or a charter school. Requires the department to post the information on the department's Internet web site. 

SB 108 - Education matters. Provides that when a school corporation authorizes an absence to permit a student to attend any educationally related nonclassroom activity, the student may not be recorded as being absent on any date for which the excuse is operative and may not be penalized by the school. Provides that an initial school improvement plan must be established and approved by the governing body not later than August 1 of the school year in which the plan is to be implemented. Requires: (1) the Indiana education employment relations board (board) to publish a model compensation plan with a model salary range that a school corporation may adopt; (2) each school corporation to submit its local compensation plan to the board; and (3) the board to publish local compensation plans on the board's Internet web site. (Under current law, the department of education publishes and oversees the model compensation plan and local compensation plans.) Provides that the board: (1) shall review a compensation plan for compliance; and (2) has jurisdiction to determine compliance of a compensation plan submitted. Establishes an expiration for emergency rules that the board adopts. Requires a school corporation that has a compensation plan but does not have a ratified collective bargaining agreement to, not later than October 1 of the year in which the compensation plan becomes effective, submit the school corporation's compensation plan to the board. Provides that, if a school corporation does not submit the compensation plan by October 1, the compensation plan is considered not in compliance unless a compliance officer of the board finds good cause shown for the delay. Provides that a principal or superintendent, or the principal's or superintendent's designee, may recommend an individual to participate in the Indiana high school equivalency diploma program. Allows the governing body of a school corporation to deny a request for a student to transfer to the school corporation or discontinue enrollment, or establish terms or conditions for enrollment or for continued enrollment, if the student has a history of unexcused absences and the governing body believes that, based on the location of the student's residence, attendance would be a problem. Provides that a special needs bus may be used to provide transportation for asibling of a student with a developmental or physical disability. Requires the department of education (department), in collaboration with the state board of education, to prepare a report that includes recommendations regarding certificated employee evaluations. Requires the department, not later than November 1, 2017, to submit the report to the general assembly. Provides that a provision requiring cardiopulmonary resuscitation training applies to a charter school other than a virtual charter school. Requires, before December 1, 2017, the department of workforce development to commission an entity that specializes in improving access to adult literacy programs to: (1) prepare and submit a report regarding adult literacy programs to the legislative council; and (2) present the report to the state workforce innovation council.

SB 196 - School debt service obligations. Provides the following for purposes of the school bond payment intercept statute: (1) The term "debt service obligations" also includes principal and interest payable to a school corporation's designated paying agent under a written agreement entered into in connection with the issuance of a school corporation's general obligation bonds. (2) Upon being notified of a school corporation's failure to pay debt service obligations when due, the treasurer of state shall within five days pay the unpaid debt service obligations that are due from state funds, in an amount equal to the amount of the unpaid debt service obligations that are due to the claimant (but only to the extent that amounts are available to the treasurer of state to fulfill this requirement). (3) The treasurer of state shall provide notice of the request by a claimant to the budget director, the auditor of state, and any department or agency of the state responsible for distributing funds appropriated by the general assembly for distribution to the school corporation from state funds, and such a department or agency of the state shall transfer those funds to the treasurer of state for purposes of paying the unpaid debt service obligations. (4) The amounts made available to the treasurer of state for this purpose shall be made from the following sources and in the following order of priority: (A) First, from amounts appropriated by the general assembly for the state fiscal year for distribution to the school corporation from state funds. (B) Second, from any remaining amounts appropriated by the general assembly for distribution for tuition support in each state fiscal year in excess of the aggregate amount of tuition support needed for distribution to school corporations. (C) Third, to the extent that the general assembly has adopted a biennial budget appropriating amounts in the immediately succeeding state fiscal year for distribution to the school corporation from state funds, then from such fund or account, as determined by the state budget director (from which fund or account there is appropriated to the treasurer of state an amount equal to the lesser of: (i) the unpaid debt service obligations not paid from the other sources; or (ii) the amount appropriated by the general assembly for the immediately succeeding state fiscal year for distribution to the school corporation). (5) If any amounts are transferred to the treasurer of state to pay the unpaid debt service obligations of the school corporation, the applicable department or agency shall recover those amounts by deducting an amount equal to the transfer from any future amounts to be distributed to the school corporation from state funds. 

SB 198 - Career and technical education. Requires the state board of education to use data from the department of workforce development (DWD) in developing and implementing certain plans, recommendations, and other matters relating to career and technical education. Provides that after June 30, 2018, DWD, in consultation with the department of education (department), must approve career programs that are eligible to receive career and technical education grants (grants). Provides that the grants are distributed to school corporations. Makes changes to the grant amounts and definitions used to determine grant amounts. Provides that each school corporation that receives a grant must report to the department the per pupil cost to the school corporation for each career and technical education program in which the school corporation receives a grant. Provides that the department shall post school corporations' per pupil costs reported to the department on the department's Internet web site. Requires the department, in consultation with DWD, to implement a pilot program for instruction in and the use of the Indiana career explorer program. Provides that the pilot program applies to 15 schools. Provides that the pilot program may be extended by the department until July 1, 2019. Provides that beginning July 1 in the year in which the pilot program expires, each school within a school corporation and charter school shall include in the school's curriculum for all students in grade 8 instruction in and the use of either: (1) the Indiana career explorer program and curriculum; or (2) an alternative Internet based system and curriculum that provides students with career and college planning resources.

SB 567 - Distressed political subdivisions. Designates the Gary Community School Corporation and Muncie Community Schools as distressed political subdivisions subject to control by the distressed unit appeal board (DUAB). Changes the membership of the distressed unit appeal board (DUAB) by replacing the voting member who is appointed by the chairperson of the legislative council with a member appointed by the governor and adding three nonvoting legislative members. Adds and modifies the duties and powers of the DUAB. Authorizes the treasurer of state to file a petition with the DUAB to have a school corporation designated as distressed unit if the treasurer of state has reason to believe that the school corporation will not be able to pay the school corporation's debt service obligations as those debt service obligations become due. Allows the Indiana education employment relations board (EERB) to petition the DUAB to consider a school corporation for designation as distressed. Requires notice to the EERB when a school corporation is designated as distressed. Replaces and adds conditions for terminating a political subdivision's distressed status. Adds, removes, modifies, and rearranges the duties and powers of an emergency manager regarding all political subdivisions and makes certain changes with regard to a distressed school corporation, including the employment of a chief financial officer and a chief academic officer by the emergency manager. Requires notice by the emergency manager to the Mayor of Gary regarding the sale of assets or the transfer of property of the Gary Community School Corporation. Requires various reports. Establishes a fiscal management board in the case of a distressed school corporation. Specifies the fiscal management board's membership and qualifications to serve on the board. Requires the fiscal management board to make recommendations to the emergency manager and advise the emergency manager as requested by the emergency manager. Provides a procedure for residents who want to appeal a decision of an emergency manager. Specifies that if a member of the fiscal management board is made a party to a civil suit, the attorney general is required to defend the fiscal management board member. Specifies for purposes of a claim against a governmental entity that a member of the fiscal management board, the emergency manager, chief financial officer, or chief academic officer is acting on behalf of the distressed political subdivision and not the state. Provides civil immunity for these individuals with respect to an act or omission made in the course and scope of duties prescribed by the DUAB. Allows a school corporation to opt out of a state board of accounts examination and have an independent examination that meets certain criteria. Permits an already completed independent audit for certain school corporations for 2015 and 2016. 

There is some controversy to SB 567. Please read more about SB 567 here and here.