Skip to main content
House Bill 1001


House Bill 1001

ARCHIVE (2009)

Latest Information

 

DIGEST OF HB1001 (Updated April 14, 2009 5:55 pm - DI 84)


Budget bill. Makes appropriations for the biennium for the operation of state government and various other uses. Authorizes the issuance of bonds for various capital projects. Adds requirements concerning money available under the federal American Recovery and Reinvestment Act of 2009 (ARRA) for: (1) grants to local education agencies based on Title I of the Elementary and Secondary Education Act of 1965; and (2) special education funding. Specifies that the governor is solely authorized to accept on behalf of the state any and all ARRA funds available to the state. Requires the governor to submit a report covering applications filed and any action necessary to qualify the state for the ARRA funds to the executive director of the legislative services agency. Directs the governor to seek a waiver from the Secretary of the federal Department of Education if it is determined that Indiana does not meet the requirements of the federal American Recovery and Reinvestment Act of 2009 concerning the state fiscal stabilization fund administered by the federal Department of Education. Authorizes a local unit issuing debt to provide for a repayment schedule that will result in the same or a lower amount of interest being paid on obligations that would be issued using nearly equal payment amounts. Prohibits the Indiana horse racing commission and the Indiana gaming commission from: (1) imposing, charging, or collecting by rule a fee that is not authorized by statute on any party to a proposed transfer of an ownership interest in a license; or (2) making the approval of a proposed transfer of an ownership interest in a license contingent upon the payment of any amount that is not authorized by statute. Amends the definition of "Internal Revenue Code" used in Indiana statutes and regulations to refer to the Internal Revenue Code in effect on February 17, 2009. Requires an add back to Indiana adjusted gross income of any amounts relating to: (1) the first $2,400 of unemployment compensation excluded from federal income under Section 85(c) of the Internal Revenue Code; (2) the exclusion from income for discharged debt on principal residences; (3) the deferral of income from certain discharged debt under Section 108(i) of the Internal Revenue Code; (4) the additional deduction attributable to the 15-year straight-line depreciation for new restaurants; (5) the additional deduction attributable to the 15-year straight-line depreciation for certain retail improvements; (6) the additional deduction attributable to the special allowance for qualified disaster assistance property; (7) the deduction for an election to expense costs related to certain refineries; (8) the deduction for an election to expense costs for certain qualified film and television productions; (9) ordinary income treatment for the gain or loss from the sale of Fannie Mae or Freddie Mac stock; and (10) the exception for active financing income for insurance companies and financial institutions under Section 953(e) of the Internal Revenue Code (known as the Subpart F exception for active financing income). Provides that when calculating the deduction for unemployment compensation, the first $2,400 of unemployment compensation excluded from federal income under Section 85(c) of the Internal Revenue Code should be considered. Requires that two years be used instead of five years for the net operating loss carryback period for small businesses. Requires the use of a five year carryback period for net operating losses for qualified disaster losses. Reallocates the cigarette tax revenue that is used to offset the employer health plan tax credit to a new state retiree health benefit trust fund. Provides that a taxpayer is entitled to a state tax credit for a contribution to a scholarship granting organization. Provides that the contribution must be used by the scholarship granting organization in a scholarship program to provide scholarships to eligible students. Limits the total amount of tax credits that may be awarded to $5,000,000 in any state fiscal year. Provides that any special volume cap regarding bonds issued under a federal act providing the cap is in addition to the volume cap under Section 146 of the Internal Revenue Code. Provides that the Indiana finance authority is responsible for determining any allocation of special volume caps. Provides that the office of the secretary of family and social services may implement and require the use of tamper resistant prescription drug forms in any health care program administered by the office of the secretary. Establishes the office of the department of child services ombudsman. Specifies that the ombudsman may receive, investigate, and attempt to resolve complaints that the department of child services has failed to follow a specific law, rule, or policy, and thereby failed to protect the health or safety of a child. Provides that the ombudsman may review certain records, and prohibits the redisclosure of certain confidential records. Provides that the total gross weight with load of a vehicle or combination of vehicles transporting an ocean going container may not exceed 95,000 pounds. (The current weight limit may not exceed 90,000 pounds.) Requires a school corporation with an ADM on June 30, 2009, of less than 100 students to reorganize by consolidating with an adjacent school corporation under the school consolidation provisions. Delays the implementation of fiscal year budgeting for school corporations until the budget year beginning July 1, 2011. Changes the membership of the statewide independent living council. Repeals the statutes allowing school corporations to use money in their capital projects funds for utilities and insurance. Provides that a charter school may receive technology funds. Specifies that the Senator David C. Ford educational technology fund may also be used for a school technology program that is developed by the department of education and that may include grants to school corporations for the purchase of: (1) equipment, hardware, and software; (2) learning and teaching systems; and (3) other materials; that promote student learning, as determined by the department. Requires the department of education to develop a charter school facilities incentive grants program before January 1, 2010, using priority criteria set forth in federal law. Specifies that state adult education funding may also be provided to entities that are eligible providers for purposes of the federal Adult Education and Family Literacy Act. (Current law limits state adult education funding to school corporations.) Provides that a charter school or conversion charter school that has received an advance for operational costs from the common school fund does not have to make principal or interest payments during the state fiscal years beginning July 1, 2009, and July 1, 2010. Extends the repayment terms by two (2) years to provide for the waiver of payments. Provides funding for a virtual charter school if the proposed establishment of the virtual charter school has been reviewed by the state budget committee and approved by the state department of education. Provides that the funding amount is the virtual charter school's ADM multiplied by 80% of the statewide average basic tuition support. Provides that a state educational institution may not enter into, modify, amend, or terminate any swap agreement without the specific approval of the public finance director. Provides that in all civil, criminal, infraction, and ordinance violation actions, the clerk of the court shall collect an automated record keeping fee in the following amounts: (1) $7 before July 1, 2009. (2) $5 after June 30, 2009. Provides that the budget agency (rather than the division of state court administration) administers the judicial technology and automation project fund. Eliminates the statutory annual appropriation from the fund. Requires the budget agency to establish standards and procedures for the judicial technology and automation project, and authorizes the budget agency to make grants related to the project. Requires Purdue University and Indiana University to report to the budget committee on the status of grants for core life science programs and other research grants. Specifies that the appropriations for higher education and the state student assistance commission that are made from money received under the federal American Recovery and Reinvestment Act of 2009 are intended to be one time appropriations. Authorizes certain industrial development loans. Eliminates contributions for a participant in the prosecuting attorneys retirement fund with at least 22 years of creditable service. For a participant who applies for a retirement benefit after November 30, 2010, bases the retirement benefit on the salary being paid for the office with the highest annual salary that the participant held before or at the time of the participant's separation from service. Reduces the early retirement reduction factor. Makes changes to the prosecuting attorneys retirement fund's disability benefits. Increases the minimum annual survivor benefit from $7,000 to $12,000. Provides that benefit increases paid in state fiscal years beginning after June 30, 2011, are equal to the percentage by which the salary being paid for the office with the highest salary that the participant held before or at the time of the participant's separation from service increases. Allows an elected county, city, town, or township officer to waive some or all of the elected officer's compensation for any year. Repeals a statute that allows only an elected town officer to waive compensation. Requires the commission for higher education with the assistance of the state student assistance commission to study the funding of college scholarship programs provided by the state student assistance commission and the state's public universities. Authorizes the Indiana finance authority to issue bonds to provide additional correctional facilities, at a cost of not more than $45,000,000. Increases the court administration fee from $5 to $7 for all courts except the Marion County small claims court, and directs that the additional amount be paid into the prosecuting attorneys retirement fund. Authorizes the city of Lawrenceburg to enter into one or more agreements or leases with the Lawrenceburg community school corporation or another public or private entity to provide for the construction or renovation of a school building that will be used by the Lawrenceburg community school corporation. Requires the budget agency to review the costs of providing employee health, vision, and dental insurance for state employees and employees of school corporations and public universities. Establishes the Indiana Soldiers' and Sailors' Children's Home task force. Requires the task force to submit a report to the governor and the general assembly before January 1, 2010. Requires the Indiana finance authority to study the mission, organization, and management structure of the I-Light Fiber Optic Network and submit a report to the governor and the legislative council.
Current Status:
 In Conference Committee
>Latest Printing > (PDF)