Sen. J.D. Ford

A SENATE RESOLUTION memorializing Ronald Roy Miner II.

Establishes redistricting standards for congressional and state legislative districts. Provides that the initial proposed plans for congressional and state legislative districts must comply with the redistricting standards. Allows the general assembly, during the process by which the initial proposed plans become effective by being enacted as a law, to consider and adopt modifications to the initial proposed plans that deviate from the redistricting standards as long as the reason or reasons for each deviation are publicly explained and documented. Provides that as much as feasibly possible no district may be created so as to unduly favor any person or political party. Provides that the general assembly shall: (1) take all steps necessary to ensure that the procedures are in place to provide the public with redistricting data and computer software for drawing maps; and (2) create a process for the public to submit maps to the general assembly for consideration.

Provides an income tax deduction, in addition to the current renter's deduction, to a disabled veteran who rents a dwelling as a principal place of residence. Provides that the additional deduction is equal to the amount the individual is entitled to deduct under the current renter's deduction multiplied by the individual's service connected disability rating.

Requires a law enforcement officer serving a search or arrest warrant at a person's home to knock and announce before forcibly executing the warrant. Makes conforming amendments.

Amends the statute concerning distributed electricity generation as follows: (1) Provides that an electricity supplier's net metering tariff must be made and remain available to customers until the earlier of: (A) January 1 of the first calendar year after the calendar year in which the aggregate amount of net metering facility nameplate capacity under the electricity supplier's net metering tariff equals at least 5% (versus 1.5% under current law) of the electricity supplier's most recent summer peak load; or (B) July 1, 2024 (versus July 1, 2022, under current law). (2) Provides that before July 1, 2021, each electricity supplier shall petition the utility regulatory commission (IURC) for approval of an amended or a new net metering tariff to do the following: (A) Establish as the allowed limit on the aggregate amount of net metering facility nameplate capacity under the net metering tariff an amount equal to at least 5% (versus 1.5% under current law) of the most recent summer peak load of the electricity supplier. (B) Establish a required reservation of capacity under the nameplate capacity limit to require the reservation of: (i) 30% (versus 40% under current law) of the capacity for participation by residential customers; and (ii) 5% (versus 15% under current law) of the capacity for participation by customers that install a net metering facility that uses organic waste biomass. (3) Makes conforming amendments. Adds a noncode provision staying the implementation of a rate for the procurement of excess distributed generation for which an electricity supplier has applied or received approval from the IURC under current law, until such time as the conditions for the expiration of the electricity supplier's net metering tariff, as set forth in the bill, apply to the electricity supplier.

Changes the current incremental finance charge limits that apply to a small loan to a maximum annual rate. Prohibits making, or taking other actions with respect to, a small loan with a greater rate or amount of interest, or other fees and charges, than allowed under the statute governing small loans. Prohibits a credit services organization from providing certain functions with respect to a small loan and makes a violation a deceptive act.

Provides that the true tax value of commercial real property used for retail purposes that is occupied by the original owner or by a tenant for which the improvement was built shall be determined by the cost approach for the first 10 years of occupancy of the property, less normal depreciation and normal obsolescence under the rules and guidelines of the department of local government finance. Provides that the taxpayer and the assessing official are required to participate in mandatory mediation of an appeal of an assessment of the commercial real property, instead of the preliminary informal meeting process under current law. Requires the county property tax assessment board of appeals (county board) to designate one member of the county board to serve as the mediator for the mediation conference, and specifies certain procedures that apply. Provides that, if a mandatory mediation conference is not held due to the failure of a party or the party's representative to appear, the county board's determination of the assessment may not be appealed to the Indiana board of tax review by the party that failed to appear at the mediation conference. Provides that a taxpayer shall (not may) enter into a written agreement with a redevelopment commission in which the taxpayer waives review of any assessment of the taxpayer's property in an allocation area during the term of any bond or lease obligations that are payable from allocated property taxes, unless the redevelopment commission waives the requirement in writing. Provides that a county fiscal body may adopt an ordinance to provide that the county assessor be reimbursed for legal costs (in addition to other specified costs under current law) incurred by the county assessor in defending an appeal that is uncommon and infrequent in the normal course of defending appeals.

Provides that it is the public policy of the state to provide equal, nonsegregated, and nondiscriminatory education opportunities and facilities for all, regardless of sexual orientation, gender identity or expression, or marital status (in addition to race, creed, national origin, color, or sex under current law). Makes a similar change to a charter school provision concerning the suspension, expulsion, or requested transfer of a student and to an Indiana academy for science, mathematics, and humanities provision. Provides that a charter school may not discriminate against staff on the basis of disability, race, color, gender, gender identity or expression, sexual orientation, marital status, national origin, religion, or ancestry. Requires the department of education to provide staff to carry out the duties of the Indiana charter school board (charter board). Makes various changes to the charter school law, including the following: (1) Prohibiting an authorizer from: (A) authorizing a charter to an organizer if a charter school of the organizer has been closed within the past five years; or (B) accepting a proposal from an organizer that operates a charter school that does not meet certain school accountability grade thresholds. (2) Requiring certain authorizers that are not currently required to be approved for chartering authority to be approved for chartering authority before granting a new charter or renewing a charter. (3) Providing that an administrative fee for certain authorizers is dependent upon the category or designation that the charter school receives regarding its school accountability grade. (4) Prohibiting, under certain circumstances, a charter school from enrolling new students who are not currently enrolled in the charter school. (5) Requiring authorizers to be responsible for certain amounts owed by a charter school and to cosign for a loan from the common school fund before an organizer may obtain the loan. (6) Requiring each organizer and authorizer of a charter school to submit to the state board of education a surety bond or other form of financial guarantee and establishes consequences for an organizer or authorizer that fails to submit the bond or guarantee. Requires: (1) an authorizer to submit to the department of education a notice of a public hearing regarding the establishment of a proposed charter school; and (2) the department to post the notice on the department's Internet web site. Repeals a provision that provides that funding for the charter board consists of administrative fees.

Requires the family and social services administration, the department of education, the commission for higher education, and the professional licensing agency to include the following questions in an application for a benefit, financial assistance, a service, or a professional credential: (1) "Have you served in the armed forces of the United States or their reserves, in the National Guard, or in the Indiana National Guard?". (2) "Are you the surviving spouse of someone who served in the armed forces of the United States or their reserves, in the National Guard, or in the Indiana National Guard?". Provides that the applications must state that the applicant has the option to decline to answer the questions. Requires the agencies to keep the information submitted in a data base and to share the information with the Indiana department of veterans' affairs. Allows the Indiana department of veterans' affairs to use the shared information to develop outreach programs for veterans and their families.

Amends the statute concerning the issuance of permits by local permit authorities to communications service providers for the construction and installation of wireless facilities and wireless support structures (including small cell facilities) as follows: (1) Allows a neighborhood association, a homeowners association, or an individual resident of the area over which a permit authority has jurisdiction to register with the permit authority to receive mailed notice of any permit application filed with the permit authority. (Current law allows only neighborhood associations and homeowners associations to register to receive notice, and only with respect to applications for new utility poles or new wireless support structures used to support small cell facilities.) (2) Provides that upon receiving a permit application after June 30, 2021, a permit authority shall provide notice of the application on: (A) the permit authority's Internet web site; or (B) if the permit authority does not maintain an Internet web site, the Internet web site of each affected local unit with respect to which the permit authority has jurisdiction. (3) Specifies that a local unit or permit authority is not prohibited from adopting any ordinance or regulation that requires or regulates the placement of signs, markers, or other notices: (A) on or near any wireless support structures or wireless facilities; and (B) that include information, notice, or warnings concerning radio frequency fields or radiation associated with wireless facilities. (4) Subject to protections for certain information, requires: (A) permit authorities to submit information to the Indiana utility regulatory commission (IURC) concerning: (i) the location of each wireless facility or wireless support structure for which a permit has been approved; and (ii) the communications service provider for which the permit was approved; and (B) the IURC to publish on the IURC's Internet web site the information submitted. (5) With respect to an application for a permit to construct a new wireless support structure: (A) removes language allowing an applicant's decision not to collocate wireless facilities on an existing wireless support structure to be based on evidence that collocation would be an economic burden to the applicant; and (B) requires that certain other evidence that may serve as the basis for an applicant's decision against collocation be certified by a professional engineer. (6) Provides that with respect to an application for the placement of a small cell facility and the associated supporting structure at a location where a supporting structure does not exist, a permit authority may propose, as an alternative location, that the small cell facility be collocated on an existing utility pole or wireless support structure if the existing utility pole or wireless support structure is located within 100 feet (versus 50 feet under current law) of the applicant's proposed location. (7) Requires the applicant to use the permit authority's alternative location if that location will not result in technical limitations or significant additional costs, as certified by a professional engineer whose selection is agreed to by both parties. (Current law allows the applicant, rather than requires an independent professional engineer, to determine whether the permit authority's proposed alternative location will result in technical limitations or additional costs.) (8)With respect to an application concerning a small cell facility and an associated supporting structure, removes a provision that prohibits a permit authority from conditioning approval of the application on the applicant's agreement to allow other wireless facilities to be placed at, attached to, or located on the associated support structure. (9) Specifies that the statute does not prohibit a local unit or a permit authority from offering or approving tax incentives or other incentives for communications service providers that offer or agree to collocate a proposed wireless facility on an existing structure. (10) Urges the legislative council to assign to the interim study committee on energy, utilities, and telecommunications the task of studying the impact on human health of radiation or radio frequency fields associated with wireless communications facilities.