SB0173 Airport boards. Establishes requirements for membership on a board of aviation commissioners or an airport authority board. Provides that after a board of aviation commissioners or an airport authority board enters into a loan contract, the board may use funds received from state or federal grants to satisfy the repayment of part or all of the loan contract.

 

HB1003 Public access issues. Adds electronic media to the definition of "record" for purposes of the public records law. Requires a public agency to: (1) allow inspection or copying; or (2) make copies; of a public record within a reasonable time after the request is received by the agency. Provides that a court may impose a civil penalty against: (1) an officer of a public agency or an individual employed in a management level position with a public agency; or (2) the public agency; for violating the open door law with specific intent to violate the law if the plaintiff obtained an advisory opinion from the public access counselor before filing an action. Provides that an individual or agency could be subject to a civil penalty if the individual intentionally charges a copying fee that the individual knows exceeds the amount set by statute, fee schedule, ordinance, or court order. Provides that it is a defense to the imposition of a civil penalty under this section for a violation of the open door law or public records law if the individual acted in reliance on an opinion of the public agency's legal counsel or an opinion of the attorney general. Provides that if an officer of a state or local government agency orders a management level employee to: (1) not give proper notice of a public meeting or executive session; or (2) deny or interfere with a person's request to inspect or copy a public document; the employee is not subject to a civil penalty for violating the statute. Provides that if the governing body of a local government agency adopts a policy, the agency shall provide notice to anyone (other than news media) that makes an annual request for notice by: (1) transmitting the notice by electronic mail; or (2) posting the notice on the agency's Internet web site (if the agency has an Internet web site). Provides that a court may not declare a governmental action void for failure to give notice by electronic mail or posting on the local government agency's web site if the agency made a good faith effort to comply with the statute.

 

HB1005 Nepotism; conflict of interest. Provides that an employee of a county, city, town, or township (unit) is considered to have resigned from employment with the unit if the employee assumes an elected executive office of the unit or becomes an elected member of the unit's legislative or fiscal body. Specifies that the restriction does not prevent an elected officer from serving on a board, commission, or committee of the unit. Provides that the restriction does not prohibit an employee (including a full-time paid firefighter) or a volunteer firefighter from holding an elected office of another unit. Allows an employee (including a full-time paid firefighter) or a volunteer firefighter who assumes or holds an elected office on January 1, 2013, to continue to hold the office and be employed by the unit or serve as a volunteer firefighter until the expiration of the term of office. Provides that

relatives may not be employed by a unit in positions that result in one relative being in the direct line of supervision of the other relative. Provides that an individual who is employed by a unit on July 1, 2012, is not subject to the provisions regarding nepotism unless the individual has a break in employment with the unit. Provides that provisions concerning nepotism apply to a person who is a party to an employment contract with a unit. Requires a unit to implement a policy under the nepotism and contracting provisions. Allows a unit to implement a policy that is more stringent and detailed. Provides that a unit can enter into or renew: (1) a contract for the procurement of goods and services; or (2) a contract for public works; with a relative of an elected official or a business entity in which a relative has an ownership interest if the elected official does not violate the criminal conflict of interest statute and the elected official makes full, written disclosure and satisfies any other requirements of the public purchasing law or the public works law.

 

HB1072 Tax administration. Changes dates for budget and levy adoption actions. Changes the formula for applying the circuit breaker among debt and nondebt levies, permits the department of local government finance to authorize the exclusion of more than 2% of the assessed value of a taxing unit for purposes of calculating property tax rates, and changes the formula for calculating adjustments to the maximum permissible tax rate for cumulative funds and capital project funds to reflect changes in the total assessed value in a taxing unit. Provides for a loan to replace revenue lost from applying the prior adjustment formula. Expands the circumstances under which the budgets and supplemental budgets of a political subdivision with a nonelected governing body (other than a library) is subject to review by a county, city, or town fiscal body.

 

HB1148 Engineer and land surveyor examinations. Provides that the examinations for: (1) registration as a professional engineer; and (2) certification as a land surveyor or land surveyor in training; may be computer based. Removes provisions specifying the duration of the examinations. Specifies that an applicant for registration as a professional engineer has three chances to pass the examination for registration, subject to the rules and discretion of the board of registration for professional engineers. Makes a technical correction.

 

HB1154 Local purchasing and public works preferences. Provides that the local Indiana business preference applies to a contract for a purchase made by a political subdivision only if the political subdivision provides in the solicitation that the preference is applicable to the purchase. Provides that the term "affected county" refers only to an Indiana county. Repeals the local Indiana business preference for public works projects. HB1163 Bonding and retainage in public works projects. Provides that a person who has a claim against the retainage or the payment bond of a contractor on a public works project must make the claim and deliver a copy of the

claim to the contractor not later than stated times after that person performed the service or labor or supplied the materials for the public works project. Decreases the amount that may be withheld on state public works projects upon substantial completion to cover remaining uncompleted minor items. Makes stylistic and technical changes.

 

HB1325 Sales and use tax exemptions. Specifies the use tax exemption for certain aircraft when there is an addition to or reconfiguration of the interior of an aircraft. Specifies when delivery occurs. Provides a sales and use tax exemption for transactions involving tangible personal property related to the repair, maintenance, refurbishment, remodeling, or remanufacturing of an aircraft or an avionics systems of an aircraft with a country of registration that is outside the United States and that either: (1) has a minimum landing weight of at least 5,000 pounds; or (2) is equipped with a turboprop or turbojet power plant. Requires the commission on state tax and financing policy to study issues related to whether the exemption should be made to apply to all aircraft and avionic devices.

 

SB0133 Underground storage tanks. Allows the solid waste management board to adopt rules and establish requirements for underground storage tanks in conformance with the delivery prohibition program under 42 U.S.C. 6991k. Provides that the commissioner of the department of environmental management (commissioner) may: (1) determine whether an underground storage tank (tank) is eligible for delivery, deposit, or acceptance of a regulated substance; and (2) issue a temporary order to enforce compliance. Allows the commissioner to enforce the delivery prohibition program if an owner or operator of an underground petroleum storage tank fails to register the tank or pay annual registration fees. Requires the commissioner to provide notice before issuing such a temporary order. Requires compliance with such an order by the new owner of an underground storage tank after ownership of the tank is transferred. Allows the commissioner to implement the delivery prohibition program prior to the adoption of rules by the board. Repeals requirements to pay certain tank fees. Exempts the implementation of the delivery prohibition program from certain administrative procedures. Provides a defense to noncompliance with such an order if the owner or operator of the underground storage tank has not been notified that the tank is ineligible. Makes a technical correction.

 

SB0191 Local government investments. Permits a political subdivision to authorize its investing officer to invest public funds for a maximum term of five years. (Under current law, the maximum term is generally two years.) Requires the fiscal body of the political subdivision to approve a written investment policy

and adopt an ordinance to provide this authority. Provides that the authority expires on the date of the expiration of the policy which may not exceed four years. Limits the amount that may be invested for more than two years to 25% of the political subdivision's total portfolio of public fund investments, including transaction accounts. Changes population parameters to reflect the population count determined under the 2010 decennial census.

 

SB0309 Local purchasing and public works preferences. Provides that the local Indiana business preference applies to a contract for a purchase made by a political subdivision only if the political subdivision provides that the preference is applicable to the purchase. Provides that the term "affected county" refers only to an Indiana county. Authorizes the purchase of vehicles for community corrections programs from money in any of the following: (1) A county cumulative building fund. (2) A county, municipal, or township cumulative capital improvement fund. (3) (As a result of cross references) a county or municipal cumulative capital development fund. Repeals the local Indiana business preference for public works projects.

 

SB0329 Eminent domain filing deadlines. Specifies that a party to an eminent domain action aggrieved by the assessment of benefits or damages in a report of the appraisers filed with a court may file written exceptions to the assessment in the office of the circuit court clerk: (1) after the report of the appraisers is filed with the court; and (2) not later than 45 days after the date the circuit court mails the report. SCR0012 Study committee on creation of industrial zone for aviation. A CONCURRENT RESOLUTION urging the legislative council to establish an interim study committee to study the creation of an industrial zone for aviation related industry.