Enrolled House Bill (H)

Authored by

DIGEST

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 and revenue 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. Requires the attorney general to include certain language concerning settlement funds in proposed court order 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 and revenue 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. 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. Permits money held in a trust fund for other post-employment benefits (other than pension) to be invested in the same manner as money may be invested by the public employees' retirement fund or any other public pension or employee retirement fund administered by the board of trustees of the Indiana public retirement system. Establishes the teachers' defined contribution plan (plan) as an account within the Indiana state teachers' retirement fund (fund). Provides that an individual who begins employment with a school corporation in a covered position that would otherwise be eligible for membership in the fund may elect to become a member of the plan. Provides that an individual who does not elect to become a member of the plan becomes a member of the fund. Requires the board of trustees of the Indiana public retirement system (board) to establish, subject to any approval from the Internal Revenue Service that the board considers necessary or desirable, alternative investment programs within the annuity savings account as the initial alternative investment programs for the plan. Provides that, if the board considers it necessary or appropriate, the board may establish different or additional alternative investment programs for the plan, except that the board shall maintain the stable value fund. Provides that each member's contribution to the plan is 3% of the member's compensation and requires the employer to pay the member's contribution on behalf of the member. Allows a member to make additional contributions to the plan up to 10% of the member's compensation. Provides that the employer's contribution rate for the plan is equal to the employer's contribution rate for the fund as determined by the board, although the amount credited from the employer's contribution rate to the member's account may not be greater than the normal cost of the fund, and any amount not credited to the member's account is applied to the unfunded accrued liability of the fund. Provides that an employer's minimum contribution to the plan is 3% of the compensation of all members of the plan. Provides that member contributions and net earnings on the member contributions belong to the member at all times and do not belong to the employer. Provides that a member vests in the employer contribution subaccount at 20% per year with full vesting after five years of participation. Provides that, if a member separates from service with an employer before the member is fully vested in the employer contribution subaccount, the amount in the subaccount that is not vested is: (1) transferred to the member's new employer, if the new employer participates in the plan; or (2) held in the member's employer contribution subaccount until forfeited. Provides that a member who: (1) terminates service in a covered position; and (2) does not perform any service in a covered position for at least 30 days after the date on which the member terminates service; is entitled to withdraw vested amounts in the member's account. Provides that a member may elect to have withdrawals paid as: (1) a lump sum; (2) a direct rollover to another eligible retirement plan; or (3) if the member is at least 62 years of age with at least five years of participation in the plan, a monthly annuity in accordance with the rules of the board. Provides that, on the plan's effective date, school corporations become participants in the plan. Provides that the board shall provide education to employers and members regarding retirement benefit options of all applicable pension and retirement funds that the board administers. Establishes the next level Indiana trust and trust fund. Provides that the trust proceeds of the next generation trust shall be transferred to the next level Indiana trust and trust fund and that the next generation trust shall cease upon completion of the transfer. Provides that the proceeds transferred to the next level Indiana trust fund shall be used exclusively for the provision of highways, roads, and bridges. Requires the board of trustees (board) of the Indiana public employees' retirement system, after December 31, 2017, to establish and maintain the next level Indiana innovation and entrepreneurial fund (fund) as an annuity savings account investment option for members of the public employees' retirement fund (PERF) and the Indiana state teachers' retirement fund (TRF). Requires the deferred compensation committee (committee), after December 31, 2017, to establish and maintain the fund as an investment option in the state employees' deferred compensation plan. Requires the board and the committee to consult with the board of trustees of the next level Indiana trust fund to establish the fund's investment objectives and policies. Limits initial transfers into the fund to 20% of the balance in a fund member's or state employee's account. Limits annual contributions to the fund to 20% of a member's or an employee's total contributions for that year. Provides that, if a member or employee contributes not less than the amount the member or employee initially designated to the fund for at least 36 consecutive months and maintains in the fund the amounts transferred and contributed during that period, the state shall contribute on the member's or employee's behalf to the fund as a match 10% of the total amount contributed by the member or employee or on the member's or employee's behalf to the fund during that 36 month period. Provides that for each additional 12 consecutive months that a member or an employee contributes not less than the member or employee initially designated to the fund and maintains in the fund the amounts transferred and contributed that period, the state shall contribute on the member's or employee's behalf to the fund as a match 10% of the total amount contributed by the member or employee or on the member's or employee's behalf to the fund during that 12 month period. Provides that, for purposes of determining the amount of the state's match, the total amount contributed by the member or employee or on the member's or employee's behalf excludes the amount of any state match. Provides that, in the case of a group insurance plan established by the state police department, conservation officers of the department of natural resources, and the state excise police (state law enforcement agencies), any proposed modification to change the benefits under the plan may not be made unless the modification is approved by the budget agency. Provides that, on or before July 1 of each year, state law enforcement agencies must submit to the budget agency the current plan documents and any other related information for the agency's group insurance plan as well as any proposed modifications to the plan. Provides that the budget agency may request additional information from a state law enforcement agency to analyze the impact of a proposed modification to the state's contribution and post-employment liability under the group insurance plan. Provides that, if a state law enforcement agency fails to provide the information, the budget agency may recommend to the budget committee that the state personnel department manage the state law enforcement agency's group insurance plan during the next succeeding calendar year. 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. Permits the director of the horse racing commission to negotiate an interstate compact and represent Indiana on a commission to negotiate an interstate compact. 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. Extends the effective date from July 1, 2017, to July 1, 2018, for provisions in the sales tax code declaring that a person is a retail merchant making a retail transaction if the person furnishes rooms, lodgings, or accommodations in a house, condominium, or apartment for transient residential housing for consideration. Extends the effective date from July 1, 2017, to July 1, 2018, for a provision in the sales tax code declaring that a "facilitator" is a retail merchant making a retail transaction when the facilitator accepts payment for a room, lodging, or accommodation rented or furnished in Indiana. Extends the effective date from July 1, 2017, to July 1, 2018, for a provision in the sales tax code requiring a retail merchant who rents or furnishes lodgings to provide to the consumer of the lodging an itemized statement separately stating certain information and that imposes a penalty on a facilitator for each transaction in which the facilitator fails to separately state such information. 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. Permits the distressed unit appeal board to employ an executive director. Authorizes the department of correction to enter into a contract with an outsourcing facility, a wholesale drug distributor, a pharmacy, or a pharmacist for the issuance or compounding of a lethal substance necessary to carry out an execution by lethal injection. Specifies that the provision of a lethal substance for lethal injection does not constitute the practice of pharmacy and is not subject to the jurisdiction of the board of pharmacy, the medical licensing board, the state department of health, or the professional licensing agency. Provides that information relating to the identity of a person who provides a lethal substance for lethal injection is confidential. Prohibits the office of the secretary of family and social services from reducing Medicaid reimbursement for home health services. Voids an administrative rule containing a 3% reimbursement reduction and any successor rule or renewal from reducing home health services. Specifies powers of the treasurer of state, acting as the chairperson of the achieving a better life experience (ABLE) board, related to the approval of expenses of the ABLE board and the ABLE authority. 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. Specifies the foundation amounts, special education grant amounts, and honors diploma award amounts. Provides that the spring ADM count of students is only for informational purposes. Provides that if a participating innovation network charter school was established before January 1, 2016, and for the current school year has a complexity index that is greater than the complexity index for the school corporation that the innovation network school has contracted with, the innovation network school is to be treated as a charter school for purposes of determining tuition support. Requires virtual charter schools to report annually certain information to the department of education (DOE). 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. Provides for a teacher appreciation grant for school corporations and virtual charter schools. Provides that if a school corporation or a charter school enters into an agreement with a choice scholarship school to provide dropout recovery educational services for an at-risk student who is enrolled at a public school, the student may not be included in the calculation of the public school's performance grade. 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. Exempts Ivy Tech Community College through December 31, 2017, from having to obtain three appraisals to sell real estate. 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. Provides for an income tax deduction for military retirement and survivor's benefits of $6,250 (retains a $5,000 deduction for military income that is not a military retirement benefit, which is now a combined deduction including military income and military retirement benefits). Authorizes the Indiana department of veterans' affairs to make grants to be used for the purpose of providing services to veterans. 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. Repeals the power of the Indiana finance authority to enter into direct negotiations with a single offeror for a public-private partnership involving state communications systems infrastructure. 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. Requires the state board of finance to notify the state board of education and the DOE when the state board of finance takes certain actions. 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. 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. Establishes the school corporation efficiency incentive grant program. Provides that certain reorganized school corporations are eligible for a one time efficiency incentive grant if requirements are met. Provides that the grant may be used to: (1) pay expenses associated with the reorganization, including professional service fees, legal costs, and necessary capital expenditures; and (2) provide salary bonuses to teachers. Provides that the amount of the grant is $250 multiplied by the most recent average daily membership (ADM) count of the reorganized school corporation. Provides that a reorganized school corporation may increase its new combined maximum permissible school transportation levy and school bus replacement levy by 3% after all other adjustments. Adds a definition of "postsecondary SEI affiliated educational institution". Allows a state educational institution to be a member of and control a postsecondary SEI affiliated educational institution under certain conditions. Requires a postsecondary SEI affiliated educational institution and any educational programs offered to be authorized by the CHE. Provides that a postsecondary SEI affiliated educational institution is not subject to open door laws. Provides that the CHE may request information from a postsecondary SEI affiliated educational institution. Provides that a postsecondary SEI affiliated educational institution may be confirmed as a public school for purposes of United States Department of Education regulations. Increases the automated record keeping fee from $19 to $20 permanently. Adds the increase in the presumptive cost concerning selling of cigarettes under the state cigarette fair trade act. Provides that certain annexation ordinances are void. 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. 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 the CHE's 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. ... View more