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.

HB1020

Ignition interlock devices. (Duncan, Bray, Lanane, Steele)

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.

HB1037

Product transfer between beer wholesalers. (VanHaaften, Alting, Deig)

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.

HB1207

Nutritional information at food establishments. (C. Brown, Miller, Dillon, Errington)

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.

HB1235

Poll closing time. (Bartlett, Randolph, Taylor)

Digest

Requires the polls in each precinct to close at 8 p.m. rather than 6 p.m. on election day. Provides that the time at which half-day precinct election officers change is 1 p.m. rather than noon on election day. Makes conforming amendments.

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, Alting, Deig)

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.

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.

HB1729

Gaming tax relief. (Pelath, Kenley, Lanane)

Digest

Allows a riverboat to deduct qualified promotional allowances from the riverboat's adjusted gross receipts for state fiscal years beginning after June 30, 2009 and ending before July 1, 2013. Provides that the maximum amount that a riverboat may deduct for a particular state fiscal year is $5,000,000. Reduces the slot machine wagering tax brackets through June 30, 2013.

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.

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.

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.)

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.

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.

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.

SB0580

Unauthorized alien matters. (Kruse, Pelath)

Digest

Requires the department of correction to: (1) evaluate the citizenship and immigration status of a committed offender; and (2) notify and assist the United States Department of Homeland Security under certain conditions. Provides that the fact that a defendant is a foreign national not lawfully admitted to the United States is a fact relevant to the risk of nonappearance a judicial officer must consider in setting bail. Requires a sheriff to make a reasonable effort to determine the citizenship or immigration status of certain persons confined in a county jail. Prohibits an employer from knowingly employing, after September 30, 2009, an unauthorized alien. Authorizes the attorney general to: (1) investigate a complaint that an employer knowingly employed an unauthorized alien; (2) verify the work authorization of the alleged unauthorized alien with the federal government; (3) under certain conditions, notify United States Immigration and Customs Enforcement, local law enforcement agencies, and the prosecuting attorney in the county in which an unauthorized alien is employed; and (4) maintain certain records of violation orders. Provides that a prosecuting attorney who receives notification from the attorney general may bring a civil action against an employer for knowingly employing an unauthorized alien. Prohibits the prosecuting attorney from filing an action against an employer that verifies the employment authorization of an employee through the E-Verify program. Establishes a rebuttable presumption that an employer did not knowingly employ an unauthorized alien if the employer complied in good faith with the federal employment verification requirements. Requires a court to dismiss an action against an employer under certain circumstances. Makes it a Class B misdemeanor to file a complaint, knowing the complaint is false or frivolous, with the attorney general. Prohibits an employer from discharging or discriminating against an employee who exercises certain actions afforded under the employment of unauthorized alien provisions. Prohibits a governmental body from enacting an ordinance, a resolution, a rule, or a policy that prohibits or limits another governmental body from sending, receiving, maintaining, or exchanging information on the citizenship or immigration status of an individual. Allows a person to bring an action to compel a governmental body to comply with the prohibition. Requires a state agency or political subdivision to verify employees through the E-Verify program. Prohibits a state agency or political subdivision from entering into or renewing a public contract for services with a contractor unless the contract requires the contractor to verify employees through the E-Verify program. Provides that: (1) a state agency or political subdivision may terminate a public contract for services under certain conditions regarding the knowing employment or retention of unauthorized aliens; and (2) if a public contract for services is terminated, a contractor is liable for actual damages. 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. Increases penalties for certain crimes. Establishes additional penalties for certain crimes. Makes committing false identity statement a Class A misdemeanor. Makes making or distributing a forged instrument a Class C felony. Makes it a Class C felony for a person to knowingly or intentionally make, with the intent to distribute, a document that is not issued by a government entity and that purports to be a government issued identification. Makes it a: (1) Class A misdemeanor to knowingly or intentionally transport or move; and (2) Class A misdemeanor to knowingly or intentionally conceal, harbor, or shield from detection; an alien, for purposes of commercial advantage or private financial gain, knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law.