2015 IPHA P&A Legislation of Interest

2015 SESSION INDIANA GENERAL ASSEMBLY PRIORITY BILLS

INDIANA PUBLIC HEALTH ASSOCIATION (IPHA) POLICY & ADVOCACY (P&A) COMMITTEE

BREAKDOWN OUT OF 1235 TOTAL PROPOSED LEGISLATION IN 2015 SESSION:

House Bills48%

Senate Bills52%

House and Senate Bills

31 House Bills of Interest

33 Senate Bills of Interest

64 Total Bills of Interest

NUMBER OF HOUSE AND SENATE BILLS IN EACH AREA OF INTEREST

Area of Interest House Bills Senate Bills

Environmental 6 11

Gun Control 9 9

Minority Health 3 2

Transportation 9 6

Immunization 1 1

Tobacco Control 3 4

ENGROSSED BILLS

Enviro

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tal

Gun C

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Min

ority

Health

Mas

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nsporta

tion

Imm

unizat

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Tobacco

Contro

l 02468

101214161820

Proposed

Engrossed

16 out of 64 bills have

been crossed

over

~0.25 or ¼ legislation of interest has been

engrossed

HOUSE BILLS HB 1351 Agency rulemaking and policymaking (crossover)

• Provides that an agency's statutory authority to regulate and implement programs does not include rulemaking or policymaking authority that is not based upon a federal requirement or that exceeds the authority granted to a federal or state agency under federal statutory authority. Provides an exception that rules, guidelines, standards, or other policies that are not based upon a federal requirement or specific statutory authority may be based upon: (1) the general authority of an agency, subject to limits in the grant of the authority and upon the subject matter; or (2) the power to adopt emergency rules. Requires the legislative services agency (LSA) to review proposed and adopted agency rules, guidelines, standards or other policies. Provides that it is not the intent of the general assembly to have the findings or opinions of the LSA regarding legislative intent or an agency's legal authority to be: (1) used as evidence in any investigation or proceeding; or (2) imputed to the general assembly. Makes changes to the statute requiring distribution of agency statements.

• Committee Report: amend do pass, adopted

• Amendment #2 (Pelath) ruled out of order voice vote

• Amendment #1 (Wolkins) prevailed ; voice vote

• Third Reading: passed; Roll Call 137: yeas 78, nays 18

• Referred to the Senate

• First Reading: Sent to the Senate committee on Tax and Fiscal Policy

• Key representatives: Representative Wolkins [R], Harman [R], Goodin [R], & Judy [R]

• Key senators: Senator Glick [R]

HOUSE BILLS (CONT.)HB 1320 Distributed generation (dead)

• Amends provisions related to cogeneration facilities to include certain host operations. Provides that the utility regulatory commission may authorize an electricity supplier to establish certain tariffs, rates and charges, and credits with respect to the acquisition of electricity from a customer that uses distributed generation. Establishes consumer protections for customers using distributed generation. Requires electricity suppliers and customers that use distributed generation to comply with applicable safety, performance, reliability and interconnection rules and standards. Provides that a local ordinance, resolution, or order involving distributed generation equipment must: (1) reasonably accommodate the facility; and (2) represent the minimum regulation practicable to accomplish a legitimate governmental purpose.

• Committee Report: amend do pass, adopted• Key representatives: Representative Koch [R] & Frye [R]

SENATE BILLSSB 128 Sewage and waste management districts (crossover)• Provides that the county executive of a county in which a regional sewage district was

formed in response to an agreed order entered into after August 31, 2005, may elect to transform the regional sewage district into a county onsite waste management district. Establishes a procedure under which the regional sewage district may be transformed into a county onsite waste management district if the county executive decides to make that transformation. Provides that the primary purpose of the county onsite waste management district, if formed, will be resolving the environmental problems described in the agreed order. Amends the Indiana Code section under which point source discharges of treated sewage from an onsite residential sewage system are allowed if certain conditions are met to make that Indiana Code section apply to the county in which the regional sewage district was formed in response to an agreed order if the county executive of the county elects to transform the regional sewage district into an onsite waste management district. (That Indiana Code section presently applies only to Allen County.) Amends an Indiana Code provision prohibiting a regional sewage district from requiring a homeowner to connect to the district sewer system if the homeowner's property exceeds a certain area so that, in the county in which the regional sewage district was formed in response to an agreed order, the prohibition against requiring a homeowner to connect applies if the area of the homeowner's property is at least one-half acre.

• Committee Report: amend do pass, adopted• Third Reading: passed; Roll Call 127: yeas 49, nays 0• Referred to the House • First Reading: referred to committee on Environmental Affairs• Key Senators: Senator Holdman [R] & Charbonneau [R] • Key Representatives: Representative Lehman [R]

SENATE BILLS (CONT.)SB 249 Regulation of Animal agricultural (crossover)

• Requires the Purdue Extension and the Purdue University College of Agriculture to study the impact of local land use ordinances on the construction of buildings or other structures used in the breeding, feeding, and housing of livestock.



• Referred to the House

• First Reading: Referred to committee on Agriculture and Rural development

• Key senators: Senator Leising [R], Glick [R], & Messmer [R]

• Key representatives: Representative Lehe [R] & Baird [R]

SENATE BILLS (CONT.)SB 473 Voluntary monitoring of water resources (crossover)

• Requires the department of natural resources (department) to establish a program under which volunteers may monitor the water resource (which, as defined in IC 14-25-7, includes both ground water and surface water) and provide monitoring data to the natural resources commission and the department. Provides that the department shall: (1) train the volunteers participating in the program in the proper collection and transmission of data; (2) determine the location and ensure the adequacy of the monitoring wells used in the program; and (3) conduct water resource monitoring independent of the program to verify the quality of the data derived from the program. Requires the department, in selecting the areas in which volunteers will monitor the water resource through the program, to give priority to areas in which temporary failures of nonsignificant ground water withdrawal facilities have been confirmed and areas in which the potential exists for ground water withdrawals to exceed the natural replenishment of the aquifer.

• Committee Report: do pass, adopted• Third Reading: passed: yeas 50, nays 0• Referred to the House• First Reading: referred to committee on Natural Resources• Key senators: Senator Charbonneau [R], Nielmeyer [R], Merritt [R], Randolph

[R], Stoops [D], Breaux [D], Delph [R], & Crider [R]• Key representatives: Representative Koch [R], Stemler [D], & Aylesworth [R]

SENATE BILLS (CONT.)SB 474 Analysis of water utility planning and needs (crossover)

• Requires the Indiana finance authority (authority) to prepare an analysis of the planning and long range needs of: (1) the water utilities serving the 15 most populous cities in Indiana; and (2) five other water utilities selected by the authority, each of which serves fewer than 10,000 customers. Authorizes the authority to contract with professionals or with a state educational institution for the performance of some or all of the authority's duties relating to the analysis. Requires the authority to complete the analysis and submit it to the legislative council not later than November 1, 2015. For calendar year 2015, relieves the utility regulatory commission of the duty to submit an annual report concerning water utilities to the legislative council and the interim study committee on energy, utilities, and telecommunications.

• Committee Report: amend do pass, adopted• Third Reading: passed; Roll Call 88: yeas 50, nays 0• Referred to the House• First Reading: referred to committee on Utilities, Energy, and

Telecommunications• Key senators: Senator Charbonneau [R], Bassler [R], Tallian [D],

Randolph [D], Merritt [R], Delph [R], Breaux [D], & Crider [R]• Key representatives: Representative Koch [R], Stemler [D], &

Aylesworth [R]

SENATE BILLS (CONT.)SB 92 Deadly Weapons (crossover)

• Specifies that offenses that are eligible for a sentencing enhancement if a deadly weapon is used the commission of certain offenses. Provides that a sentence may be enhanced when a deadly weapon is used during the mission of controlled substance offenses. Provides that sentencing enhancements for the possession of a deadly weapon during the commission of an offense may not be suspended. Provides that a person is a habitual offender if the state proves the person has been convicted of three prior unrelated felonies of any level.

• Committee Report: amend do pass, adopted• Reassigned to Corrections & Criminal Law • Committee Report: amend do pass, adopted• Third Reading: passed; Roll Call 92: yeas 43, nays 5• Referred to the House• First Reading: referred to committee on Courts and Criminal Code• Key senators: Senator Schneider [R], Young [R], Waltz [R], & Miller [R],

Crider [R]• Key representatives: Representative Frizzell [R], Speedy [R], & Moed [D]

SENATE BILLS (CONT.)SB 164 Crimes involving deadly weapons (crossover)

• Provides that a person convicted of: (1) two or more felony offenses involving the unlawful use of a deadly weapon; (2) that were not committed as a part of the same episode of criminal conduct; may not have the person’s convictions expunged.

• Committee Report: amend do pass, adopted• Reassigned to Corrections & Criminal Law• Committee Report: amend do pass, adopted• Third Reading: passed; Roll Call 93: yeas 40, nays 8• Referred to the House• First Reading: referred to committee on Courts and Criminal Code• Key senators: Senator Miller [R], Crider [R], Young [R], Schneider

[R], Waltz [R], & Merritt [R] • Key representatives: Representative McMillin [R]

SENATE BILLS (CONT.)

SB 433 Shotguns (crossover)

• Repeals the prohibition against manufacturing, importing, selling, or possessing a sawed-off shotgun. Provide for a 10 year sentence enhancement if a person possesses a sawed-off shotgun in violation of federal law while committing certain offenses. Makes conforming amendments.

• Committee Report: amend do pass, adopted• Third Reading passed: Roll Call 85; yeas 44, nays 6• Referred to the House• Referred to committee on Public Policy• Key senators: Senator Tomes [R], Waltz [R], Steele [R], Yoder [R],

Becker [R], Buck [R], Walker [R], Arnold [D], Messmer [R], Smith [R], Leising [R], Bray [R], Grooms [R], Holdman [R], Delph [R], Raatz [R], & Bassler [R], Ford [R], Kruse[R]

• Key Representatives: Representative Lucas [R]

HOUSE BILLSHB 1090 Expanded Criminal Checks for Drivers for hire (dead)

• Requires a transportation network company, a taxicab company, or a taxicab service to request and receive an expanded criminal history check with a certified copy of the driving record of a driver or taxicab driver before a driver begins employment or association with a company. Makes a Class A infraction for a company to allow a driver to operate a motor vehicle or taxicab if the driver has been convicted of: (1) certain felonies or misdemeanors; or (2) certain motor vehicle offenses. Makes it a Class A infraction.

• Committee Report: amend do pass, adopted• Referred to committee on Courts and Criminal Code pursuant to

House Rule 127• Key Representatives: Representative Hale [D], Gutwein [R],

Lehman [R], & Carbaugh [R]

SENATE BILLS (CONT.)SB 27 Railroad obstructions at grade crossings (crossover)

• Imposes civil penalties on railroad corporations for obstructions of grade crossings that exceed 10 minutes. Provides that the civil penalties are in addition to any judgments for infractions.

• Committee report: amend do pass, adopted• Third Reading: passed; Roll Call 104; yeas 44, nays 4• Referred to the House • First Reading: Referred to the committee on Roads and

Transportation• Key senators: Senator Kruse [R], Yoder [R], Hershman [R],

Rogers [D], Mrvan [D], & Randolph [D]• Key representatives: Representative Smaltz [R], Cox [R],

Moed [D]

SENATE BILLS (CONT.)SB 339 School bus monitors (crossover)

• Provides that the visual acuity required of a school bus driver is not required of a school bus monitor.

• Committee Report: do pass, adopted• Third Reading: passed; Roll Call 50: yeas 48, nays 2• Referred to the House• First Reading: referred to committee on Education• Key senators: Senator Rogers [D], Kruse [R], & Randolph

[D]• Key representatives: Representative Behning [R] & Smith

V. [D]

SENATE BILLS (CONT.)SB 379 Public transportation corporations (crossover)

• Allows the legislative body of Monroe County and the Bloomington public transportation corporation (corporation) to expand the corporation's service area to include the entire county by adopting substantially identical ordinances. Allows the fiscal body of Monroe County to adopt an ordinance to impose a county economic development income tax rate to fund the expansion. Provides that the rate must be at least 0.1% but not more than 0.25%.

• Committee Report: do pass, adopted• Third reading: passed; Roll Call 148: yeas 41, nays 9• Referred to the House• First Reading: referred to the committee on Ways and Means• Key Senators: Senator Stoops [D], Hershman [R], Broden

[D], & Randolph [D]• Key Representatives: Representative Pierce [D] & Ubelhor

[R]

SENATE BILLS (CONT.)SB 478 Transportation funding (crossover)

• Provides that a redevelopment commission of a municipality may provide revenue to a public transportation corporation from property tax proceeds allocated to the redevelopment commission in a tax increment financing area. Limits the amount of revenue to the amount of property tax revenue received by the municipality's redevelopment commission that is attributable to the public transportation corporation's tax rate. Requires a joint public hearing of the municipality's legislative body and the municipality's redevelopment commission and the adoption of substantially similar authorizing resolutions. Provides that a redevelopment commission may provide revenue to a school corporation, for deposit in the school corporation's transportation fund, from property tax proceeds allocated to the redevelopment commission in a tax increment financing allocation area. Specifies that the amount of revenue that may be provided to the school corporation may not exceed the amount of property tax revenue received by the redevelopment commission that is attributable to the school corporation's transportation fund tax rate. Requires approval by the legislative body of the unit that established the redevelopment commission and by the redevelopment commission. Requires a joint public hearing by the unit and the redevelopment commission.



• Referred to the House

• First Reading: referred to committee on Ways and Means

• Key Senators: Senator Brown [R], Kenley [R], Mishler [R], Broden [D], & Randolph [D]

• Key Representatives: Representative Morris [R], Carbaugh [R], & GiaQuinta [D]

HOUSE BILLSHB 1359 Immunizations (Dead)

• Requires the state department of health (department) to establish a program to provide information about the human papillomavirus (HPV) to parents, health care providers, and other individuals approved to administer the HPV vaccine and to establish goals and plans to increase the vaccination rate for the HPV infection. Requires the department to prepare an annual report concerning the program. Repeals and relocates the immunization laws from the education laws to the health laws. Requires a school to provide parents of grade 6 students information concerning the HPV infection. (Current law requires the information to be provided to the parents of grade 6 female students.) Adds hepatitis A to the list of school children immunizations. Requires the department to publish a calendar of immunization requirements. Requires the department to provide the department of education with immunization materials, and requires the materials to be distributed to students' parents and guardians. Allows documentation from the state immunization data registry to be used as proof of the student's immunization status. Requires a health care provider who administers an immunization to enter the information into the state immunization registry. Requires a school corporation to ensure that immunization information is complete in the state immunization registry not later than the first Friday in February. Makes conforming changes.

• Committee Report: amend do pass, adopted• Third Reading; defeated; Roll Call 244: yeas 44, nays 51 • Key representatives: Representative Errington [D], Clere [R], Kirchhofer

[R], & Shackleford [D]

SENATE BILLSSB 461 State Department of Health matters (crossover)

• Specifies that hospital discharge information filed with the state department of health (state department) is confidential except under specified circumstances. Further specifies the circumstances for the review of the death of a child by a local child fatality review team. Allows a local child fatality review team to review the near fatality or serious injury of a child. Adds hepatitis A to the list of school children immunizations. Requires the state department, before November 30 of each year, to publish a two year immunization calendar. Provides information to parents of grade 6 students concerning the human papillomavirus (HPV) infection. (Current language provides this information only to parents of female grade 6 students.) Requires the state department to provide the department of education with immunization materials and requires the materials to be distributed to students' parents and guardians. Requires a health care provider who administers an immunization to enter the information into the state immunization registry. Requires a school corporation to ensure that immunization information is complete in the state immunization registry not later than the first Friday in February. Specifies that onsite sewage systems of private homes built by the individual are required to comply with state laws and rules.

• Committee Report: do pass, adopted• Third Reading: passed; Roll Call 97: yeas 45, nays 3• Referred to the House• First Reading: referred to committee on Public Health• Key senators: Senator Miller [R], Becker [R], Stoops [D], & Randolph [D]• Key representatives: Representative Clere [R] & Bacon [R]

SENATE BILLS (CONT.)SB 463: Cigarettes and tobacco sales (crossover)

• Prohibits the sale at retail of an electronic cigarette without a valid tobacco sales certificate issued by the alcohol and tobacco commission (commission). Amends the law on the qualified escrow fund for tobacco product manufacturers: (1) to exempt cigarettes sold on federal military installations and other state excise tax exempt cigarette sales from the definition of "units sold"; and (2) to require the department of state revenue (department) to adopt rules that are necessary to ascertain the number of units sold of a tobacco product manufacturer for each year regardless of whether the state excise tax was due or collected. Authorizes the department, the commission, and the attorney general to provide certain information to courts, arbitrators, and data clearinghouses for the purpose of making calculations under the tobacco master settlement agreement if a protective order is executed. Makes specified tobacco sales data that is provided by an outside party confidential. Prohibits the manufacture, sale, or distribution of: (1) a liquid or gel substance containing nicotine; or (2) a nicotine liquid container; unless the product is contained in child resistant packaging. Authorizes the commission to seize and destroy products sold or distributed in violation of this prohibition and to impose a civil penalty on a person who sells or distributes a product in violation of the prohibition. Limits the civil penalty to the greater of: (1) 500% of the retail value of the product sold or distributed; or (2) $5,000.

• First Reading: referred to Committee on Commerce & Technology• Committee Report: do pass, adopted• Third Reading: passed; Roll Call 213: yeas 42, nays 7• Referred to the House• First Reading: referred to committee on Public Policy• Key senators: Senator Miller [R], Merritt [R], & Randolph [R] • Key representatives: Representative Brown, T. [R] & Brown, C. [D]

HOUSE BILLSHB 1432 Regulation of e-liquids (crossover)

• Defines "e-liquid" as a substance that is intended to be vaporized and inhaled using a vapor pen. Requires a manufacturer of e-liquid to obtain a permit from the alcohol and tobacco commission before bottling e-liquid or selling e-liquid to retailers or distributors. Provides that the initial application for a manufacturing permit must include: (1) plans for the applicant's manufacturing facility; (2) a service agreement between the applicant and a security firm requiring the security firm to certify that the manufacturer meets certain security requirements; and (3) an application fee of $1,000. Provides that a manufacturer's permit is valid for five years and establishes requirements for permit renewal, including a $500 permit renewal application fee. Establishes manufacturing requirements, including the use of child proof caps on e-liquid containers; the performance of all mixing, bottling, and packaging activities in a "clean room"; the storage of all e-liquid ingredients in a secure area; and the maintenance of three sample bottles from each production batch for at least three years. Limits the ingredients that can be used in making e-liquid. Requires all e-liquid retailers, distributors, and manufacturers who mix, bottle, or sell e-liquid in Indiana before July 1, 2015, to: (1) sell or remove from retail all e-liquid that was manufactured before July 1, 2015; or (2) acquire a tobacco sales certificate, an e-liquid manufacturing permit, or a tobacco products distributor's license; before July 1, 2016. Provides for the suspension or revocation of a manufacturer's permit and the assessment of a civil penalty against a manufacturer for a violation of the law. Provides that a retailer who knowingly: (1) sells e-liquid to a minor; (2) sells e-liquid purchased from a manufacturer that does not have a permit; or (3) sells e-liquid that has been altered or tampered with; commits a Class C infraction. Makes other unauthorized actions involving e-liquid a Class A infraction. Authorizes a permit holder to bring a civil action against an e-liquid producer that distributes e-liquid not approved for sale in Indiana.

• Committee Report: amend do pass, adopted • Third Reading; passed; Roll Call 249: yeas 85, nays 9• Referred to the Senate• First Reading: referred to Committee on Public Policy• Committee Report: do pass adopted; reassigned to committee on Tax and Fiscal Policy• Key representatives: Currently 50 representatives 43 [R] 12 [D]

SENATE BILLS SB 539: Regulation of e-liquids (crossover)

• Regulation of e-liquids. Defines "e-liquid" as a substance that is intended to be vaporized and inhaled using a vapor pen. Requires a manufacturer of e-liquid to obtain a permit from the alcohol and tobacco commission before bottling e-liquid or selling e-liquid to retailers or distributors. Provides that the initial application for a manufacturing permit must include: (1) plans for the applicant's manufacturing facility; (2) a service agreement between the applicant and a security firm requiring the security firm to certify that the manufacturer meets certain security requirements; and (3) an application fee of $1,000. Provides that a manufacturer's permit is valid for five years and establishes requirements for permit renewal, including a $500 permit renewal application fee. Establishes manufacturing requirements, including the use of child proof caps on e-liquid containers; the performance of all mixing, bottling, and packaging activities in a "clean room"; the storage of all e-liquid ingredients in a secure area; and the maintenance of three sample bottles from each production batch for at least three years. Limits the ingredients that can be used in making e-liquid. Requires all e-liquid retailers, distributors, and manufacturers who mix, bottle, or sell e-liquid in Indiana before July 1, 2015, to: (1) sell or remove from retail all e-liquid that was manufactured before July 1, 2015; or (2) acquire a tobacco sales certificate, an e-liquid manufacturing permit, or a tobacco products distributor's license; before July 1, 2016. Provides for the suspension or revocation of a manufacturer's permit and the assessment of a civil penalty against a manufacturer for a violation of the law. Provides that a retailer who knowingly: (1) sells e-liquid to a minor; (2) sells e-liquid purchased from a manufacturer that does not have a permit; or (3) sells e-liquid that has been altered or tampered with; commits a Class C infraction. Makes other unauthorized actions involving e-liquid a Class A infraction. Authorizes a permit holder to bring a civil action against an e-liquid producer that distributes e-liquid not approved for sale in Indiana.

• Pursuant to Senate Rule 68(b) reassigned to committee on Tax and Fiscal Policy• Committee Report: amend do pass, adopted • Third Reading: passed; Roll Call 269: yeas 43, nays 6• Referred to the House • First Reading: referred to committee on Public Policy • Key senators: Senator Yoder [R], Arnold [D], Broden [D], Randolph [D], Miller. P [R], & Holdman [R] • Key representatives: Representative Mahan [R] & Austin [D]

OTHER INITIAL HB AND SB: FIRST READING

House Bills• Environmental

HB 1014: Lake County solid waste management district

HB 1020: Removal of obstructions from streams

HB 1097: Large scale of discharges into state waters

HB 1121: Renewable energy standards

• Gun Control

HB1029: BMV documentation indicating handgun license

HB1086: Mandatory Firearms enhancement

HB1107: Handgun training and reciprocity license

HB 1143: Possessions of firearms on state property

HB 1144: Handgun license repeal

HB 1244: Firearms on business premises

HB 1430: Criminal enhancements for using firearms in crimes

HB 1494: Firearm ownership and medical records

HB 1574: Automatic and semiautomatic weapons


House Bills

• Minority Health

HB 1190: Minority student teaching stipend

HB 1284: Racial profiling

• Mass Transportation

HB 1033: Use of telecommunications devices while driving

HB 1040: Speed limit for larger motor vehicles

HB 1215: Public mass transportation

HB 1217: Railroad funding

HB 1227: Highway funding and motor fuel taxation

HB 1377: Lap and shoulder safety belts on school buses

HB 1385: Industrial rail service fund

HB 1410: Telecommunication devices while driving


House Bills

• Tobacco Control

HB 1169: Use of electronic cigarettes

HB 1235: Tobacco and smoking

Senate Bills

• Environmental

SJR 12: Constitutional amendment to allow people of Indiana to engage in diverse farming and ranching practices

SB 14: Local air pollution control agency contracts

SB 52: State response to federal environmental policies

SB 178: Nuclear energy projects

SB 244: Lead-based paint hazard programs

SB 410: Water Resources Institute

SB 569: The Reliable, Affordable, and Safe Power Act


Senate Bills

• Gun Control

SB 48: Handgun training

SB 107: Immunity for not prohibiting firearms

SB 215 &SB 224: Disguised firearms

SB 279: Threats and gun violence

SB 366: Insurance and firearms

• Minority Health

SB 47: Health Care professional cultural training

SB 243: Racial profiling

• Mass Transportation

SB 31: Transportation corridor development

SB 389: Income tax credit for toll road charges

SB 520: School buses


Senate Bills

• Tobacco Control

SB115: Prohibition of smoking

SB384: Taxation of electronic cigarettes

References

Indiana General Assembly (2015) Bills for Session 2015. http://iga.in.gov/legislative/2015/bills

Legiscan (2015) Legiscan. https://legiscan.com

http://iga.in.gov/legislative/2015/bills

https://legiscan.com/

Documents

2015 IPHA P&A Legislation of Interest