Indiana 2022 Regular Session All Bills

IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0361

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/27/22  
Engrossed
2/2/22  
Refer
2/8/22  
Report Pass
2/22/22  
Enrolled
3/1/22  
Passed
3/15/22  
Chaptered
3/15/22  
Economic development. Makes certain amendments to the Hoosier business investment tax credit, the economic development for a growing economy tax credit, the headquarters relocation tax credit, and the redevelopment tax credit. Adds veteran owned businesses to the list of businesses that would qualify for an enhanced venture capital tax credit. Limits the total amount of credits that the Indiana economic development corporation (IEDC) may award for a calendar year for all taxpayers for all applicable tax credits to $300,000,000. Specifies the procedure by which the IEDC may designate an area as an innovation development district (district). Requires the IEDC to enter into an agreement with the executive of a city, town, or county, or, if applicable, executives, with territory located in the district establishing the terms and conditions governing certain districts. Requires the IEDC to establish a local innovation development district fund for each district. Provides that money in a local innovation development district fund is continuously appropriated for the uses of the fund. Authorizes a county, city, or town to establish a workforce retention and recruitment program and fund (fund) for the purposes of recruiting and retaining individuals who will satisfy the current and future workforce needs of the unit's employers or provide substantial economic impact to the unit, including providing incentives in the form of grants or loans to qualified workers. Authorizes the unit to transfer money into the fund from other sources. Provides that the executive of the unit shall administer the fund in coordination with a workforce fund board of managers appointed by the executive of the unit. Provides that the IEDC may award a tax credit for media production expenses for certain media productions in Indiana. Provides for the augmentation of the amount appropriated to the IEDC in an amount not to exceed $300,000,000 for the purposes of business promotion and innovation. Specifies that funds appropriated to the IEDC for the purposes of business promotion and innovation do not revert to the state general fund. Requires the IEDC to identify state laws and regulations that burden existing businesses or inhibit creation of new businesses and provide a report with recommendations to the general assembly and budget committee. Makes conforming changes.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0362

Introduced
1/11/22  
Risk management and catastrophic liability funds. Permits the commissioner of the department of insurance to cease operation of the political subdivision risk management fund and the political subdivision catastrophic liability fund upon a determination by the commissioner that: (1) all members have withdrawn from the fund; and (2) all payment of liabilities of former members of the fund have been determined and finalized. Removes a requirement that notice of a claim against a political subdivision be provided to the political subdivision risk management commission.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0363

Introduced
1/11/22  
Initiated sessions. Establishes a procedure for the general assembly to call itself into session at times not specifically scheduled in statute.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0364

Introduced
1/11/22  
Postpartum contraceptives. Requires a hospital that operates a maternity unit to ensure that a woman giving birth in the hospital has the option of having a long acting reversible subdermal contraceptive implanted after delivery and before the woman is discharged. Allows a hospital to be exempt from the requirement if the hospital has a faith based objection.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0365

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/20/22  
Engrossed
1/26/22  
Refer
2/1/22  
Report Pass
2/10/22  
Report Pass
2/21/22  
Enrolled
2/25/22  
Passed
3/10/22  
Chaptered
3/10/22  
Psychology interjurisdictional compact. Establishes the psychology interjurisdictional compact concerning interjurisdictional telepsychology and the temporary authorization to practice psychology in another compact state. Sets forth requirements of a compact state. Sets forth the duties of the psychology interjurisdictional compact commission.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0366

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/20/22  
Engrossed
1/28/22  
Refer
2/1/22  
Report Pass
2/10/22  
Enrolled
2/16/22  
Passed
3/10/22  
Chaptered
3/10/22  
Higher education funding. Requires the commission to create a higher educational operating funding outcomes based formula (funding formula) in each year prior to a budget session of the general assembly. Provides that the commission shall (not may) develop a long range plan for postsecondary education. Requires the commission to take: (1) reducing the financial burden on students and their families for postsecondary education; (2) the impact on economic development; and (3) the funding formula; into account in developing the long range plan. Requires the commission to present to the budget committee a summary of the legislative requests of all state educational institutions and the commission's recommendations concerning operations, capital projects, and financial aid. Requires the commission to biannually measure and make findings on the progress of each state educational institution in meeting the goals of the commission's long range plan as those goals pertain to the funding formula and include the findings in its presentation to the budget committee. Requires the commission to present the funding formula created by the commission to the budget committee. Requires the commission to biannually engage a third party examiner to audit the data submitted by each state educational institution for use within the funding formula and submit a copy of each audit report to the audit and financial reporting subcommittee of the legislative council. Requires the commission to present recommendations for the funding of state educational institution capital projects to the budget committee.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0367

Introduced
1/11/22  
Fiscal administration of the SBOA. Provides for fiscal administration of the state board of accounts by the office of management and budget, the budget agency, the state personnel department, and the department of administration in the areas of budget, personnel, and procurement matters.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0368

Introduced
1/11/22  
Complexity index within the school funding formula. Requires, for state fiscal years beginning after June 30, 2023, the state board of education to determine each school corporation's complexity index two times each year. Provides that the complexity index count dates coincide with the average daily membership count days. Allows a school corporation to request an adjustment to the school corporation's complexity index. Provides a maximum amount of money attributable to complexity index calculations that may be distributed for all school corporations in a particular state fiscal year.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0369

Introduced
1/11/22  
Marion County public transportation corporation. Provides that there shall be no dedicated lanes for any portion of a public street that is located outside of the one square mile area surrounding Monument Circle at the intersection of Meridian Street and Market Street in the City of Indianapolis for the exclusive use of public transit vehicles. Provides an exception for certain rapid transit lines. Defines the term "blue line". Provides that bonds may not be used to fund a dedicated lane for any portion of a public street that is located outside of the one square mile area.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0370

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/25/22  
Engrossed
2/2/22  
Community infrastructure improvement districts. Creates a procedure to establish a community infrastructure improvement district (district). Specifies that the procedure added by the bill allowing for the establishment of a district does not authorize the unit to establish a district that overlaps with an economic improvement district. Requires a petition for the establishment of a district to include a rate and methodology report. Specifies the contents of the report. Specifies the basis upon which benefits accruing to parcels of real property within a district may be apportioned among those parcels. Requires a determination that the aggregate assessments within a district do not exceed 30% of the projected assessed value of property within the district before a legislative body may adopt an ordinance to establish a district. Requires a community infrastructure improvement board (board) to assist the county treasurer in order to make certain specified determinations and designations regarding annual assessments within a district. Adds specific provisions that apply to the board's issuance of revenue bonds.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0371

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/20/22  
Engrossed
1/26/22  
Refer
2/1/22  
Report Pass
2/8/22  
Enrolled
2/15/22  
Passed
3/10/22  
Chaptered
3/10/22  
Replacement of the London Interbank Offered Rate. Adds provisions to the title in the Indiana Code concerning financial institutions to provide for the replacement, by operation of law, of the United States Dollar LIBOR as the benchmark index for any contract, security, or instrument, with a recommended benchmark replacement that is based on the secured overnight financing rate (SOFR). Sets forth certain events that serve to trigger the replacement of LIBOR with the recommended benchmark replacement. Specifies that such replacement by operation of law applies with respect to a contract, security, or instrument that either: (1) contains no fallback provisions setting forth a methodology or procedure for determining a benchmark replacement; or (2) contains fallback provisions that result in a benchmark replacement that: (A) is not a recommended benchmark replacement; and (B) is based in any way on any LIBOR value. Provides that if a recommended benchmark replacement becomes the benchmark replacement for any contract, security, or instrument, any applicable benchmark replacement conforming changes become an integral part of the contract, security, or instrument by operation of law. Provides that the bill's provisions do not alter or impair contracts, securities, or instruments that contain certain provisions. Provides that the selection or use of a recommended benchmark replacement as a benchmark replacement for a contract, security, or instrument: (1) constitutes a commercially reasonable replacement for and a commercially substantial equivalent to LIBOR; and (2) does not: (A) impair or affect certain rights and performance obligations under; (B) constitute a breach of; or (C) void or nullify; the contract, security, or instrument. Provides that a person is not liable for damages, and is not subject to any claim for equitable relief, in connection with: (1) the selection or use of a recommended benchmark replacement; or (2) the determination, implementation, or performance of benchmark replacement conforming changes; with respect to any contract, security, or instrument. Makes a cross reference to this immunity provision in the chapter of the Indiana Code that lists statutes outside of Title 34 of the Indiana Code that confer civil immunity.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0372

Introduced
1/10/22  
Taxation. Phases down the individual adjusted gross income tax rate from 3.23% in 2022 to 1.73% in 2027 and thereafter. Phases out the corporate adjusted gross income tax rate from 4.99% in 2022 to 0% in 2026 and thereafter. Extends the state sales tax to all services beginning January 1, 2023, excluding government services. Defines "service" as any activity engaged in for another person, if the person purchases the service as the end user of the service for consideration. Specifies that the term does not include a service rendered by an employee. Excludes the wholesale sale of services that are performed by a business and rendered to another business for the use or consumption in the production of tangible personal property or the delivery of other services that are for sale (business to business transactions). Imposes a surcharge tax on social media providers. Defines "social media provider" as a social media company that: (1) maintains a public social media platform; (2) has more than 1,000,000 active Indiana account holders; (3) has annual gross revenue derived from social media advertising services in Indiana of at least $1,000,000; and (4) derives economic benefit from the data individuals in Indiana share with the company. Provides that the surcharge tax is equal to: (1) the annual gross revenue derived from social media advertising services in Indiana in a calendar year multiplied by 7%; plus (2) the total number of the social media provider's active Indiana account holders in a calendar year multiplied by $1. Establishes the online bullying, social isolation, and suicide prevention fund (fund) for the purposes of providing: (1) online bullying prevention; or (2) social isolation and suicide prevention; training and research for counselors and educational institutions. Provides that the division of mental health and addiction shall administer the fund. Transfers 10% of the revenue from the surcharge tax to the fund. Transfers the remaining surcharge tax revenue to the rural broadband fund.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0373

Introduced
1/11/22  
Lake County convention and entertainment district. Establishes the Lake County convention and entertainment district fund (fund). Specifies permissible uses for money in the fund. Provides that the Northwest Indiana regional development authority (development authority) administers the fund. Requires the licensed owner of a riverboat operating in Vigo County to pay 0.5% of the riverboat's adjusted gross receipts in a year to the development authority for deposit in the fund for 10 years. Allows the Lake County fiscal body to adopt an increase in the county innkeeper's tax. Provides that part of the revenue from an increase in the county innkeeper's tax must be deposited in the fund. Authorizes the city of Gary to impose a food and beverage tax on transactions occurring in a specified area. Specifies the distribution of the revenue from the food and beverage tax. Allows the Lake County legislative body to adopt an ordinance establishing a convention and entertainment district development area (tax area). Requires the legislative body to make findings when adopting an ordinance. Requires the legislative body to submit an ordinance establishing a tax area to the budget committee and budget agency for review and approval. Allows a tax area to receive incremental state and local income tax revenue and incremental sales tax revenue attributable to the tax area. Provides that the revenue attributable to the tax area must be deposited in the fund. Limits the amount of incremental tax revenue that may be allocated to $8,000,000 per year. Provides that a tax area terminates not later than 20 years after incremental tax revenues are first allocated to the tax area. Changes population parameters to reflect the population count determined under the 2020 decennial census.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0374

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/24/22  
Engrossed
2/2/22  
Refer
2/8/22  
Report Pass
2/15/22  
Enrolled
2/22/22  
Passed
3/7/22  
Chaptered
3/7/22  
Regional water or sewer district service areas. Provides that the services in those parts of a regional water, sewage, or solid waste district (district) in which they are provided or made available by the district shall not be curtailed or limited by: (1) the inclusion of all or part of the district's territory, by annexation or otherwise, within the boundaries of: (A) any municipality; or (B) the service territory of another provider of the same services; or (2) the granting of any private franchise to provide the same services within all or part of the district's territory; during the term of any loan under which the district is obligated, regardless of whether the loan is made by a public or private lender. Provides that the occurrence of any of these events does not require a district to secure any franchise, license, or permit as a condition to continuing to provide service to any part of the district's territory served by the district at the time of the occurrence of the event.
IN

Indiana 2022 Regular Session

Indiana Senate Bill SB0375

Introduced
1/11/22  
811 utility location program. Provides that an operator of underground facilities (operator) that violates Indiana law regarding marking of underground facilities located in the area of a proposed excavation or demolition is subject to a civil penalty of not more than $25,000 for each violation for each day the violation persists, not to exceed $1,000,000 for any related series of violations. Requires a person responsible for performing a proposed excavation or demolition (excavator) to provide notice of the excavation or demolition to Indiana 811: (1) at least two, but not more than 20, full working days before the proposed excavation or demolition if the proposed area of excavation or demolition is less than 2,000 linear feet; and (2) at least 10, but not more than 20, full working days before the proposed excavation or demolition if the proposed area of excavation or demolition is 2,000 linear feet or greater. Requires an excavator to provide separate notice, and a separate request for location of underground facilities, to Indiana 811 for each 2,000 linear feet of proposed excavation or demolition, regardless of whether the proposed excavation or demolition will take place in an incorporated area. Provides that notice provided to Indiana 811 of a proposed excavation or demolition: (1) expires 20 days after the notice is submitted if the proposed area of excavation or demolition is less than 2,000 linear feet; and (2) expires 90 days after the notice is submitted if the proposed area of excavation or demolition is 2,000 linear feet or greater, and may be renewed for additional 90 day periods. Requires an operator that receives notice of a proposed excavation or demolition of less than 2,000 linear feet to provide to the excavator, not later than 7:00 a.m. on the third working day after the operator receives the notice, location information regarding the operator's underground facilities located in the area of the proposed excavation or demolition. Provides that if Indiana 811 receives notice of a proposed excavation or demolition of 2,000 linear feet or more, Indiana 811 shall schedule a meeting between the excavator and any operator with underground facilities located in the area of the proposed excavation or demolition. Provides that at the meeting: (1) the excavator shall: (A) describe the scope of the proposed excavation or demolition; and (B) present a written proposed marking agreement; and (2) the excavator and the operators shall negotiate in good faith regarding the proposed marking agreement. Requires an operator that does not sign the marking agreement as presented or amended at the meeting to: (1) mark the operator's underground facilities not later than 48 hours before the scheduled commencement of the excavation or demolition; and (2) maintain the markers such that the markers remain reasonably visible until the completion of the excavation or demolition. Provides that an excavator or operator that does not negotiate in good faith regarding a proposed marking agreement is subject to: (1) a civil penalty of not more than $1,000; and (2) reimbursement of the marking expenses of each other operator that incurred expenses in marking the operator's underground facilities in the area of the excavation.

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