Sen. David Niezgodski

Maddy summaryThis is a ceremonial Senate Resolution (SR 1) honoring Senator Brandt Hershman for his retirement after serving District 7 in the Indiana State Senate since 2000. The resolution formally expresses the Senate's gratitude for his service, highlighting his leadership roles (including Majority Floor Leader and Committee Chair) and his work on tax policy improvements. The key mechanism is directing the Senate Secretary to send a copy of the resolution to Senator Hershman and his wife. It does not create new laws or affect any policy, as it is purely a symbolic gesture of appreciation.

Requires a utility to accept certain methods of payment from the department of natural resources (department) for utility service provided to a property owned by the department. Prohibits a utility from limiting or restricting the: (1) dollar amount to less than $10,000; or (2) number of allowable payment transactions for a singular invoice to less than five; with respect to a payment made by one of the specified payment methods. Provides that for any singular property owned by the department, the department may request from a utility a consolidated bill for the property. Requires a utility that receives such a request to provide the department with a singular invoice for the entire property, unless the utility is unable to do so because of billing limitations or other operational constraints. Requires the natural resources commission to obtain primary enforcement authority from the United States Environmental Protection Agency to regulate Class VI underground injection wells. Grants the natural resources commission authority to adopt rules to regulate Class VI underground injection wells. Provides a mechanism and regulatory scheme for underground storage of carbon dioxide in Indiana but excludes the carbon sequestration pilot project from application of the new requirements. Specifies that the carbon sequestration pilot project's Class VI wells are not experimental.

Specifies, with respect to a tobacco sales certificate (certificate), that a permitted premises may not include sleeping or living quarters. Provides that a person may not sell a tobacco product or electronic cigarette at wholesale without a certificate. Adds additional information an applicant must provide to the alcohol and tobacco commission (commission) when applying for a certificate. Provides, with one exception, that the commission shall not issue a certificate to a retail location where a certificate was revoked within one year prior to the application. Specifies the circumstances under which the commission must either suspend or revoke a certificate if the certificate holder's employees violate employee identification requirements three or more times in one year. Makes it a Class C infraction for a certificate holder or employee to violate particular identification requirements. Modifies the application of certain statutes concerning vapor pens and e-liquid. Establishes various requirements and penalties applicable to e-liquid, e-liquid products, and vapor devices, including restrictions on the manufacture, sourcing, possession, sale, and distribution of foreign adversary products. Specifies that certain provisions concerning vapor pens and e-liquid do not authorize the manufacturing, sale, possession, or use of a controlled substance or any product containing a controlled substance. Amends the requirements for an initial and renewal application to manufacture e-liquids or e-liquid products. Requires, in a provision concerning the sale of cigarettes, that a buydown be considered in determining the cost to the retailer or cost to the distributor. Specifies an exception. Adds the sale of alcohol without a permit to the violations which may constitute racketeering activity. Changes the infraction of the habitual illegal sale of tobacco products from six violations in a year to three violations in a year. Changes the infraction of the habitual illegal entrance by a minor from six violations to three violations in a year. Specifies that a prohibition on the sale, use, or distribution of flavored nitrous oxide does not apply to a law enforcement agency disposing of flavored nitrous oxide by donation to a nonprofit organization.

Creates the agricultural promotion and regulation task force to study various agriculture related topics. Makes changes to requirements for the readoption of administrative rules. Repeals, merges, consolidates, or otherwise modifies various boards, commissions, and other governmental bodies. Modifies or establishes various funds. Makes changes to the membership, duties, and operations of various boards, commissions, and other governmental bodies. Expands the applicability of a statute concerning county hospital governance to Perry County, Spencer County, and Orange County. Repeals the fire prevention and building safety commission (commission). Transfers the commission's responsibilities and administrative rules to the department of homeland security. Makes certain changes to the administration of building and safety statutes and building and safety codes. Makes technical corrections. Makes an appropriation.

Removes vacation pay and sick pay from the definition of "deductible income". Amends the definition of "suitable work" to apply solely to extended benefit claims. Amends the definition of "employment" with respect to certain religious, charitable, or educational organizations. Provides that the department of workforce development may make certain direct deposit disbursements under limited circumstances. Provides that the date a determination of eligibility is sent is prima facie evidence of proper service. Codifies certain administrative rules with respect to benefit payments, the filing of claims, and notice. Removes outdated or expired provisions. Removes references to dependents' allowances for purposes of calculating extended benefits. Provides that an individual who files a disaster unemployment assistance claim may be eligible for additional benefits under certain circumstances. Makes conforming changes.

Modifies the definition of "average of the annual compensation" for a member of the public employees' retirement fund (PERF) who retires after December 31, 2027. Specifies that compensation received in contemplation of retirement is excluded from the average of the annual compensation for particular members of PERF and the Indiana state teachers' retirement fund (TRF). Repeals a provision requiring the board of trustees of the Indiana public retirement system (board) to maintain separate accounts for each unit of local government. Provides that amounts forfeited under the public employees defined contribution plan must be used as determined by the board. Specifies a process by which a fully vested member of the public employees' defined contribution plan or the teachers' defined contribution plan may irrevocably elect to participate in PERF or TRF, as applicable. Modifies the information that must be included in a delinquency notice to a delinquent political subdivision. Modifies the requirements that apply to certain PERF members purchasing and claiming years of service credit in PERF. Allows, subject to particular requirements, certain TRF members to purchase and claim years of service credit in TRF. Allows a PERF or TRF member's employer to pay all or part of the member's contributions required for purchase of service credit. Allows a wage assignment to be made for the purpose of paying voluntary contributions of an employee of a political subdivision to a tax deferred retirement account. Provides that a municipality, a unit, an airport authority, a school corporation, or a charter school may require certain members of PERF to continue as members of that fund instead of the 1977 police officers' and firefighters' pension and disability fund (1977 fund). Requires, subject to certain limitations, the state to make contributions after December 31, 2026, that match, dollar for dollar, each state employee's deferred compensation contributions, not to exceed $28 per paycheck. Specifies a process by which portions of the funding sources for the retirement medical benefits account must be transferred to the state comptroller for the purpose of making matching contributions. Provides as a default rule that after December 31, 2026, each participant's membership in the retirement medical benefits account is terminated, participant subaccounts are forfeited, and subaccount amounts must be transferred to the state general fund. Requires the state comptroller to transfer certain amounts from the state general fund to each participant's defined contribution plan. Specifies a time frame within which a participant in the retirement medical benefits account may elect to remain a participant. Establishes the 2027 retiree health benefit trust. Provides that the retiree health benefit trust fund will be terminated when certain conditions are met. Increases the lump sum death benefit payable to the heirs or estate of a 1977 fund member. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)

Revises the allocation of money available for making loans from the residential housing infrastructure assistance revolving fund. Adds requirements regarding the location of impact zones designated by a county, city, or town (unit) after June 30, 2026. Requires a unit to approve a project that complies with the legal restrictions in effect on the date the project's permit application is submitted. After December 31, 2026, restricts a unit's ability to impose and increase fees related to building approvals and permits. Delays the implementation of building permit increases to 180 days after publication of the ordinance. Beginning January 1, 2027, requires a unit to annually report the unit's housing status to the Indiana housing and community development authority. Requires the department of environmental management to review and update its Indiana Storm Water Quality Manual not later than December 1, 2026. Prohibits the state or local government from requiring a person intending to fill land in a flood plain to provide compensatory storage at a ratio greater than three (mitigated land) to one (filled land). Requires a unit to forfeit or refund regulatory fees if the unit fails to meet statutory deadlines for issuing a Class 2 building permit. After June 30, 2026, prohibits a state agency or political subdivision from requiring the installation of the following: (1) An arc-fault circuit interrupter in Class 2 structure or structure classified as an R-2 building occupancy classification. (2) An emergency responder communications enhancement system in a Class 1 structure. Repeals a provision that would have reinstated on July 1, 2027, the statute in effect before its amendment in the 2023 regular session of the general assembly setting forth the authorization and procedures for establishing a residential housing development program (program). Amends the current statute for establishing a program to provide that a program terminates: (1) 25 years (instead of 20 years) after the date on which the first obligation was incurred to pay principal and interest on obligations payable from tax increment revenues from the program; or (2) on the date on which the bond obligations or lease rentals are satisfied. Requires a unit not later than January 1, 2027 to: (1) review its unified development ordinance in a public hearing with the purpose of increasing housing development; and (2) report to the executive director of legislative services agency. Urges assignment of the topic of housing developments by religious institutions to an interim study committee. Resolves conflicts for IC 36-2-4-8, which was amended by both P.L.22-2021 and P.L.152-2021. Increases the average construction cost allowable for certain housing projects to be completed by a housing authority. Provides that bonds, notes, or warrants of a housing authority may be sold at less than par value at a negotiated sale.

Allows a participant in the state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan to elect a joint and survivor option for the payment of the participant's retirement allowance. Provides for a thirteenth check in calendar year 2026 for certain members, participants, or beneficiaries of the: (1) Indiana state teachers' retirement fund; (2) Indiana public employees' retirement fund; (3) state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan; (4) state police pre-1987 benefit system; and (5) state police 1987 benefit system.

Makes the following changes to the law regarding the Midwest continental divide commission (commission): (1) Amends the definition of a "land use and zoning plan" (plan) to provide that it is a plan and not an overlay district. (2) Requires the commission to consider any change or variance in zoning to be consistent with the plan that is: (A) inconsistent with the plan; and (B) not more than 1/2 mile from a trail project approved by the commission and the eligible county or city.

A CONCURRENT RESOLUTION recognizing the 70th anniversary of The Arc of Indiana and honoring its enduring leadership and advocacy for Hoosiers with intellectual and developmental disabilities.