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Warricknews - News
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Governor Daniels signs bills into law
Posted: Thursday, Mar 13, 2008 - 03:18:45 pm EDT
Legislation approved by the General Assembly has started to arrive in the Governor’s Office for Governor Daniels’ action. Updates are available online through the 2008 Bill Watch Web site, www.in.gov/gov/3246.htm.
Several bills have been signed by the governor to date. Those include:
SB26 — Smoke detectors in rental properties. Makes it a Class B infraction if a landlord fails to: (1) properly install a smoke detector at the time a tenant moves in; or (2) repair an inoperative hard wired smoke detector within seven days of receiving notice of the need for repair. Increases the penalty to a Class A infraction for a subsequent offense. Provides that a landlord and a tenant may not waive the requirement that a smoke detector be installed in each rental unit. Requires a tenant to replace batteries as needed in a battery operated smoke detector and to provide written notice of any malfunctions of a hard wired smoke detector to the landlord. Permits a fire department to inspect a private dwelling upon the request of the owner or primary lessee who resides in the dwelling.
SB46 — Environmental restrictive covenants. Provides that marketable record title to real property is subject to all interests of the department of environmental management arising from the recording of a restrictive covenant under the environmental laws.
SB233 — Streamlined sales tax conformity. Adds definitions of the following terms from the Streamlined Sales and Use Tax Agreement (SSUTA) to the sales and use tax statutes: (1) “digital audiovisual works;” (2) “digital audio works;” (3) “digital books;” and (4) “specified digital products.” Amends the definition of “durable medical equipment” to conform with SSUTA. Extends until Jan. 1, 2010, the date when sales of floral products will be sourced to the location of the floral business that takes a floral order from a purchaser, to conform with SSUTA. Provides that a person who transfers specified digital products to an end user with a grant of permanent use is a retail merchant making a retail transaction.
SB250 — Indiana Veterans’ Home. Transfers responsibility for the Indiana Veterans’ Home from the state health commissioner to the department of veterans’ affairs. Makes conforming amendments and removes obsolete references.
SB305 — Controlled substances. Adds certain controlled substances to the list of schedule I, schedule II, schedule III, schedule IV, and schedule V controlled substances. Corrects the spelling of certain other controlled substances.
HB1016 — Unclaimed money. Requires the treasurer of state to return certain unclaimed money directly to the claimant instead of returning the money to a court clerk to present the unclaimed money to the claimant. Removes a requirement that a claimant give notice to the attorney general of proceedings on a claim.
HB1067 — United States flag protocol for Indiana soldiers. Requires the governor to issue a proclamation, not more than 24 hours after receiving notice that an Indiana resident who is a member of the armed forces of the United States or the Indiana National Guard has died in action or as a result of wounds received in action, ordering that the United States flag be flown at half-staff on state property on the day of the member’s funeral or memorial service.
HB1112 — Learner’s permits and graduated driver’s licenses. Establishes the interim study committee on learners’ permits and graduated drivers’ licenses to study: (1) the minimum age at which learner’s permits and probationary driver’s licenses can be issued by the bureau of motor vehicles; (2) requirements for practice driving before a probationary driver’s license can be issued; (3) the use of handheld devices by probationary drivers; (4) conditions to which the probationary driver is subject while driving; (5) whether a penalty should be given to a minor who accompanies a probationary driver without an accompanying adult driver of a certain age; and (6) the adoption of rules concerning driver education instruction.
HB1120 — Prohibitions on certain detergents. Eliminates the exemption of detergents for use in household dishwashing machine equipment from the restrictions on use, sale, and disposition of certain detergents after June 30, 2010.
HB1129 — Archeology. Redefines “artifact,” and changes the date used in determining whether an object or feature is an artifact. Redefines “burial ground” to include certain historic sites. Redefines “plan” to include a plan for excavation of ground related to construction. Exempts qualified professional archeologists who conduct phase 1a archeological surveys from certain archeological restrictions. Establishes criminal penalties for certain actions that disturb human remains. Requires the department of natural resources (department) to take action on archeology and development plans within 60 days. Requires a person disturbing ground to use reasonable care and diligence to determine if the ground that may be disturbed is within 100 feet of a burial ground. Requires a person who disturbs buried human remains or artifacts to cease disturbing the remains or artifacts and the surrounding area within 100 feet, and makes it a Class A infraction to fail to do so. Includes excavating or covering over the ground a prohibited activity within 100 feet of the limits of a burial ground. Establishes certain requirements for development plans and archeological plans. Applies certain notice requirements to a person who disturbs burial grounds. Requires the department to respond within ten business days after receiving notice of a discovered artifact or burial object. Makes reports concerning the location of historical or archeological sites confidential under some circumstances. Allows certain persons to accompany a conservation officer to investigate a violation of historic preservation and archeology law. Establishes a fund to assist private homeowners who accidentally discover an artifact, a burial object, or human remains and need assistance to comply with an approved archeological or development plan. Allows a court to order restitution for certain costs related to the violation of historic preservation and archeology law. Makes it a Class D felony to possess looted property and a Class C felony if the cost of carrying out an archeological investigation on the site that was damaged to obtain the looted property is more than $100,000. Provides that a disinterment under a plan approved by the department is exempt from other disinterment procedures. Repeals and relocates the definition of “conservation officer.” Makes conforming changes. Makes an appropriation.
HB1145 — Tax delinquent properties. Provides that a county may transfer real property for which the county holds a tax deed to an abutting landowner for no consideration or nominal consideration. Provides that a political subdivision that acquires real property from a county at a time when the county holds a tax deed for the real property may also transfer the real property to an abutting landowner for no consideration or nominal consideration. Provides for notice to all abutting landowners before a county or other political subdivision initiates negotiations for sale or transfer of the real property.
HB1156 — Police and firefighter death benefits. Increases from $9,000 to $12,000 the death benefit payable to the heirs or estates of active and retired members of the 1925 police pension fund, the 1937 firefighters’ pension fund, the 1953 police pension fund, and the 1977 police officers’ and firefighters’ pension and disability fund.
HB1193 — Adult education. Creates an interim study committee on adult education.
HB1202 — Abraham Lincoln license plate. Requires the bureau of motor vehicles to design and issue an Abraham Lincoln bicentennial license plate to be issued in 2008 and 2009. Specifies that an Abraham Lincoln bicentennial license plate is not a special group recognition license plate.
HB1203 — Registration of certain school buses. Modifies the registration cycle for school buses not owned by a school corporation. Requires that a school bus not owned by a school corporation must be registered before July 29 of each year. Permits a school bus not owned by a school corporation that is registered after Jan. 31 for the prior calendar year to be registered at half the regular rate. Provides that a license plate issued before March 1, 2008, for a school bus not owned by a school corporation may be displayed through July 28, 2009. Makes conforming amendments and technical corrections.
HB1213 — Occupational health and safety training. Changes the name of a division of the department of labor from the safety education and training bureau (bureau) to INSafe, and makes corresponding changes. Transfers the unencumbered and unallocated part of the appropriation made for the state fiscal year beginning July 1, 2008, from the bureau to INSafe.
HB1227 — Shoreline development commission. Adds the following two members to the shoreline development commission: (1) A representative of a public utility that owns real property that is located in counties contiguous to Lake Michigan and that has a total assessed value that exceeds the total assessed value of the real property owned by any other public utility owning real property in the counties contiguous to Lake Michigan. (2) The port director of the Port of Indiana-Burns Harbor. States a preference for the member of the commission appointed by the lieutenant governor being from a visitor and tourism business. Makes a technical correction.
HB1234 — School attendance records and enforcement. Allows certain law enforcement officers to inspect student attendance records and enforce the attendance laws. Requires an affidavit against a parent to enforce the compulsory school attendance law be filed in a court with jurisdiction in the county in which the student resides.
HB1243 — Retractable tire studs. Provides that a vehicle may be equipped on a year-round basis with tires that have retractable tire studs if the retractable tire studs remain retracted from May 2 to the following Sept. 30.
HB1244 — Local government finance. Allows for the transfer of congressional township school funds held by various counties to the treasurer of state.
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