Indiana Chamber Applauds Final General Assembly Road Funding Plan

Indiana Chamber of Commerce President and CEO Kevin Brinegar comments on the long-term road funding agreement, which was unveiled late this afternoon by Speaker Brian Bosma and Senate President Pro Tem David Long:

“We laud the compromise reached by House and Senate fiscal leaders that will fund Indiana’s infrastructure needs for the foreseeable future. We are very pleased to see such a substantial long-term funding plan to address the many maintenance and new construction needs that exist throughout our state. This legislation was the Indiana Chamber’s top priority for this session.

“This thoughtful approach also makes sure to fund both state and local road projects – which we know is very important for Hoosier companies – and that everyone pays their fair share through a user-fee based model.

“This agreement has been the product of several years of research and discussion and we congratulate everyone involved. We strongly encourage the members of the General Assembly to support this legislation with their vote Friday.”

Road Funding Set for Conference Committee Showdown

The Chamber was pleased to see the Senate pass a long-term road funding bill (34-13). During the floor vote, the Chamber lobbying team worked to get additional votes for what might have been a much closer margin. Five Republican senators voted against the Chamber on HB 1002: John Crane (Avon), Mike Delph (Carmel), Aaron Freeman (Indianapolis), Jean Leising (Oldenburg) and Andy Zay (Huntington). One Democrat, David Niezgodski (South Bend), voted with the Chamber.

There are differences between the House and Senate proposals, however:

  • House version raises just over $1.1 billion per year; the Senate about $672 million a year.
  • House version converts all sales tax collected (well over $300 million) on fuel sales to road funding; the Senate does not.
  • House version has $15 annual registration fee for regular automobiles and $150 for electric cars; the Senate adds $75 fee for hybrids (the Chamber supports this addition).
  • House version has a 10-cent fuel tax increase for both gasoline and diesel fuel, with annual increase based on index from 2019-2024. The Senate phases in the fuel taxes: five cents per year for two years; diesel tax is three cents a year for two years. Both are indexed at no more than one cent a year per gallon from 2019-2014.
  • House version requires the Indiana Department of Transportation to seek a federal tolling waiver; the Senate says it may seek the same waiver but with the approval of the Governor.
  • Senate version contains a $5 per new tire sale use fee in addition to the current 25-cent fee; the House does not.
  • Senate version increases registration fees for trucks in lieu of additional diesel taxes.
  • Senate version adds a 10-cent per gallon aviation fuel excise tax, with revenue from that going to the airport development grant fund.

The “swim lanes” of the bill are now clearly defined. Work will continue during the next two weeks by the Chamber and our coalition partners to reconcile the differences between the two versions. We believe Indiana will finally end up with a long-term sustainable transportation infrastructure funding bill, one of our Indiana Vision 2025 goals.

Call to Action: Please contact your legislators to encourage them to support HB 1002. Let them know today that long-term funding is important to you and your company!

Bumpy Road for Road Funding in Senate?

The Chamber recently testified in support of HB 1002, citing the need for long-term, sustainable funding to adequately maintain, finish what we have started to build and build out our priority new road projects. We also noted that we do not see where the state can magically find the funds in the present budget to address the need outside of taxes, plus the additional 10 cents a gallon to ensure our road quality is a wise investment.

There were no amendments offered as of yet but it is safe to say the bill will have several committee amendments to change it.

Additionally, there are several major issues to iron out in this bill. One is whether to dedicate all of the sales taxes collected on fuel sales to road funding or keep most of that revenue flowing into the general fund. Another is what the Senate will do with the $1 a pack cigarette tax increase passed by the House. The cigarette tax increase would have replaced much of the revenue in the general fund if the fuel sales tax would have gone to the road fund. Yet another issue is to toll or not to toll major interstate highways. While that is a pure user fee for roads, there is quite a disagreement about if and where such tolls should be considered.

Another aspect is there are legislators who don’t want to be labelled as “raising taxes” and shy away from the fiscal realities of our very important road infrastructure.

Folks, this is an investment in our future that won’t cost that much individually and has the potential to enhance commerce and Indiana’s “Crossroads of America” location advantage.

The Chamber will continue to advocate for a strong, user-fee based model to address Indiana’s $1.2 billion per year road funding gap.

Call to Action: Connect with your state senator via our grassroots page. Let them know today that long-term funding is important to you and your company!

Hits and Misses: The Indiana Legislature Halftime Report

We are pleased that several of our top priorities are alive and in good shape at the midpoint – including long-term transportation funding, pre-K expansion and anti-smoking legislation. All of these tie directly to the Indiana Vision 2025 economic development plan.

Long-term transportation funding – tolling around the corner?
This is the Chamber’s top priority in 2017. House Bill 1002 is the proposal to take care of the state’s transportation needs; the 20-year infrastructure plan addresses the erosion in funding that has taken place and the lost purchasing power from the enhancements in automotive technology and fuel efficiency.

We believe that the bill’s proposed gas tax increase is pretty solid. Senator Luke Kenley (R-Noblesville), who appears to be taking the lead on this bill in the Senate, may change things like dedicating all of the sales tax on gasoline to transportation needs and put a heavier emphasis on tolling, which would enable the state to undertake major projects like adding additional lane miles to Interstate 70 and Interstate 65 throughout Indiana. Overall, we are very encouraged by the commitment we have seen to date from the House, Senate and Governor. We also realize this will be a little tougher sell in the Senate and are prepared for a strong advocacy effort.

Tax threats avoided; overall outlook good
Everyone should be thrilled that two detrimental proposals – on mandatory combined reporting and sales tax on services – didn’t really get out of the gate. And that’s thanks to the good work of the Chamber’s Bill Waltz over the course of the summer. That means there are no big, threatening tax bills looming for us to worry about.

Instead, this session has brought some positive activity that will improve things procedurally within the Department of Revenue. Additionally, while not involving the Legislature, the Chamber has provided substantial input to the Department of Local Government Finance on a rule with respect to the so-called big box commercial/industrial property assessments. (That input was made possible thanks to a subgroup of the Chamber’s Tax Committee that analyzed the big box assessment issue; we are always grateful to our members for lending their expertise!)

On track: expansion of the state’s pre-K pilot for children from low-income families
Obviously, the expansion – to $16 million total in the Senate (including funds for a new online pre-K pilot); at $20 million in the House proposal – is not as significant as we would like, but we recognize this is still a very young program and are encouraged that what’s being debated is the level of increased funds, not the merit. We also appreciate all of the programmatic language that allows for potential expansion into all 92 counties (SB 276) and increases the income thresholds for eligible families (HB 1004). That said, we are going to continue to work to get as many dollars as possible directed to this. It’s vital for children to have that strong early education as a foundation.

Making the superintendent of public instruction an appointed position still can happen
We remain optimistic this longstanding Chamber goal will be realized this session. Yes, House Bill 1005 will have to be amended because it’s too similar to the one the Senate voted down last week. What happened there was, by all accounts, a blunder created by a perfect storm of factors – including little caucus discussion before the vote. But the good news is that the House bill is alive AND Senate leader David Long (R-Fort Wayne) has assigned it to the Senate Rules Committee that he chairs, so he’s going to go to work on it and will ultimately determine how much of it needs to be changed. We speculate that requiring Indiana residency – which is not currently in HB 1005 – could be one modification. It definitely will have to be different than the failed bill to pass the Senate Rules Committee.

Comprehensive smoking reform, now in HB 1001 and HB 1578, would send big message
We are hopeful that the increased tax on cigarettes ($1 per pack) and funding for a more robust smoking cessation program will stay in the budget bill (HB 1001). Likewise, that the repeal of the special civil rights privileges for smokers will survive on its own in HB 1578; this marks the first time that policy has been passed by either house, so we are making progress. Seeing these three elements cross the finish line would be a clear indication that the state is taking seriously the ever-increasing costs to employers of Hoosiers smoking – more than $6 billion annually in health care costs and lost productivity on the job.

The provision raising the cigarette buying age from 18 to 21 is most likely not happening this session after its removal in the House Ways and Means Committee. That group felt there wasn’t enough definitive information or testimony.

ISTEP, energy and technology updates
The Chamber is supporting legislation that will replace ISTEP with a shorter, more focused assessment. You can put all the debates and disagreements aside because this has to happen this session.

We are encouraged by the Senate’s passing of SB 309, an energy bill, which, among other things, addresses net metering for those investing in wind and solar energy; we believe the bill is consumer-friendly. Moreover, utilities have offered up some ideas and concessions that we think will help control electricity prices. The water infrastructure proposal (SB 416), while not funded, sets up the appropriate framework and keeps that needed policy moving along.

The budget bill (HB 1001) contains some pro-technology priorities, including the transferability and expansion of the venture capital tax credit. This would incentivize additional out-of-state investors without state tax liability to invest in promising early stage Indiana companies. Additionally, the open data measure (HB 1470) would allow public access, in an appropriate way, to the tremendous amount of data the state has collected. This is one of a couple of new initiatives coming from our Indiana Technology & Innovation Council policy committee. To see these efforts making progress right away, in their first session, is very encouraging.

A disappointment for the Indiana Chamber
There were several bills centered on litigation that couldn’t get out of committee. That’s because there are too many attorneys on both civil justice committees who are standing with trial lawyers, which essentially is blocking any sort of tort reform.

Road Funding Bill Now Travels to Senate

Chamber-supported HB 1002 was amended last week on the House Floor and then passed 61-36 largely along party lines and is now up for consideration by the Senate.

The floor amendment prohibits any new toll road within 75 miles of any other toll road, terminates the gas tax indexing after July 2024 and allows additional time for public comment before a significant road project begins. Earlier, changes were made to the bill to have all sales taxes collected on fuel costs to be designated for roads (currently it’s only a penny of the seven-cent tax) starting in 2018 versus a phase-in of the sales tax to roads over three years through 2021. This creates a potential general fund budget deficit of over $300 million a year that must be addressed, either through budget cuts or other identified revenue sources. Moreover, the Chamber will continue to advocate for a strong, user-fee based model to address Indiana’s $1.2 billion per year road funding gap.

Call to Action: Connect with your state senator via our grassroots page. Let them know today that long-term funding is important to you and your company!

Future Road Funding: Smooth or Bumpy?

36601064This summer, as we wander Indiana for work or pleasure, motorists experience both how good and bad Indiana’s road infrastructure is. The real issue is Indiana’s road funding mechanisms are in need of modernization to keep up with today’s demands.

To address the issue short and long term, several months ago the Legislature passed and the Governor signed two important bills on road funding, HB 1001 and SB 67. Combined, the bills did the following:

  • Provided a total of $689 million of additional funding over the next four years to Indiana’s local governments for their road funding needs.
  • Provided an additional $228 for state road funding in 2017. (Funding for this and the above came from a combination of using some of Indiana’s budget surplus, providing revenue from local option income tax collections and directing some of the sales taxes collected on fuel to road funding.)
  • Provided Indiana counties the option to double their wheel tax and for municipalities with a population over 10,000 to establish a wheel tax. If eligible local governments choose to do this, they can raise up to an additional $376 million a year.
  • Established the FIRSST (Funding Indiana’s Roads for a Stronger and Safer Tomorrow) Task Force to develop a long-term plan for state and local roads and bridges, and develop funding mechanisms for the various components of the plan.

The FIRSST Task Force has a lot of work to do before the end of this year. The goal is to present a plan that will set the stage for what might take place during the 2017 legislative session. Its 16 members will verify the costs of road maintenance needs, look at current revenue streams and determine what current and new ideas are viable for the future. This is important given that the primary funding mechanism, the 18-cent-per-gallon gas tax, is not keeping up with the cost to maintain state and local roads, let alone build new ones.

In a recent Chamber infrastructure policy committee meeting, Senators Luke Kenley (R-Noblesville) and Brandt Hershman (R-Buck Creek) indicated their commitment to achieving a solid and sustainable long-term solution during the 2017 session. Given the Indiana Chamber’s Indiana Vision 2025 goal area of “Superior Infrastructure”, we will play an active role in this discussion.

The 2016 Legislative Session: Some Noteworthy Shots Made

Silhouette of Teen Boy Shooting a Basketball at Sunset, copy space

With the NCAA basketball tournament in full swing and baseball season just around the corner, slam dunks and grand slams are both center stage. Neither of those terms, however, can be used to describe the 2016 Indiana General Assembly session. We’ll have to settle for a solid jump shot or maybe a line drive double in the gap.

The number one priority for the Indiana Chamber and its business members was enhanced funding for roads and transportation infrastructure. A total of $1.1 billion, when counting money for local governments, is a strong start. What’s even more important is the commitment legislators made to address longer-term needs in the 2017 budget-writing session.

All four legislative caucuses and the governor’s office offered plans and spent considerable time working toward solutions. That is an excellent sign of even better things to come. In the education arena, the disastrous ISTEP test implementation in recent years led to several needed pieces of legislation. Teachers and schools will not be negatively impacted by the 2014-2015 test results, but all-important accountability remains in place and a summer panel – with the Indiana Chamber at the table – will determine a more suitable testing future for our state’s students.

Other positive legislative results included funding the third Regional Cities program, scholarships for prospective top-of-their-class teachers, a long-sought solution to the unregulated lawsuit lending industry and saving hundreds of millions of dollars with more appropriate property tax assessments of large retail facilities (aka “big box” stores).
Unfortunately, there were also two significant missed opportunities. Indiana must be seen as a welcoming place for all in order to retain and recruit top talent, new business investment and tourism. Failing to pass civil rights legislation doesn’t put Indiana in the strong position it could have been, or arguably needs to be. While this proved a bridge too
far for legislators to cross in this election year, all of our state leaders must find a way going forward to work together to craft a solution.

Despite bipartisan support, implementing a work share program barely even got out of the starting gate. Work share would benefit employees, employers and communities when the next economic downturn occurs. At the request of the Indiana Department of Workforce Development (DWD), the Indiana Chamber partnered with them to commission an independent study of why a work share program is needed. The Chamber also took the extra step of identifying viable funding options for the program’s administration. However, DWD still was unable to get on board. Until they do, this policy will, unfortunately, face an uphill climb.

If these last two items had been added to the plus column, we might just be talking slam dunks and grand slams. Still, there will be another game in town next year, and the Chamber will be back at it – pushing these policies and others that support making Indiana a more prosperous place for employers and their employees.

Read further analysis from Brinegar on several of these issues in this summary

On Tap in ’15: Road Funding, Sunday Alcohol Sales and 21st Century Fund

Republican supermajorities and the biennial budget will be the context for all issues during the 2015 Indiana General Assembly, as a two-year budget must be passed and any caucus with 71 members (e.g., House Republicans) inevitably will have its internal disagreements. But, in the areas of economic development and infrastructure, another contextual factor will be a major road funding study by the Indiana Department of Transportation (INDOT) due in summer 2015 – after the Legislature has adjourned.

This INDOT study will examine existing fuel excise taxes, their future revenue potential and alternative funding mechanisms and revenue streams, such as vehicle miles traveled (VMT) or tolling. The study will provide a tool to address an acknowledged $750 million annual funding gap between current revenues and identified maintenance needs, let alone any new projects (such as third lanes on congested portions of Indiana interstates).

Legislative leadership and fiscal and transportation policy experts within the General Assembly seem content to await the results of the INDOT study before pursuing any significant changes to the way Indiana funds its roads, bridges and highways. Nevertheless, in the 2015 session we expect issues such as fees for electric or alternative-fuel vehicles to be addressed; examination of using more revenue from the 7% sales tax on gasoline for the state’s highway fund; and a discussion of indexing fuel taxes for inflation.

The INDOT study follows a report by the Governor’s Blue Ribbon Panel on Transportation Infrastructure identifying a set of priority projects and laying out a long-term vision for surface transportation infrastructure across Indiana. This report includes recommendations for waterborne, air and rail commerce that may be taken up by the General Assembly, including the creation of dedicated funds for these important modes of transportation.

Likewise, while the final segment of Interstate 69 has yet to undergo regulatory review and be announced, current law prevents it from running through Perry Township in Marion County as an option; we expect legislation to remove that prohibition to be introduced. We also expect investment in next-generation telecommunications infrastructure to be addressed through legislation that streamlines zoning and regulatory approvals, seeking to make them less cumbersome and more consistent across different political jurisdictions within the state.

In the area of economic development, many items will be discussed. Along with continued reform of Indiana’s business personal property tax, other anticipated issues include: examination of tax increment financing (TIF) districts; repealing Indiana’s ban on the Sunday sales of alcohol; increasing production limits on craft breweries; renewal and reform of the state’s 21st Century Fund; film production incentives; and review of both the existing patent-derived income tax exemption and the state’s venture capital tax credit.

Indeed, we expect a major thrust for fiscal leaders this session to be a re-examination of many of the state’s existing economic development programs and tax provisions, as well as discussion of a new Regional Cities Initiative by the Indiana Economic Development Corporation and the Pence administration.

Given mixed economic signals and the continued emphasis on job creation, we anticipate it will be a very busy session.

Counties: They Matter Because …

Over the last decade, we've shared many examples of the need for local government reform. At the county level, the focus has been on a lack of accountability for numerous officials and a governance structure (three commissioners as the executive body) that simply doesn't make sense.

Why does it matter? Because counties do make a difference. Add up the numbers and they:

  • Own and maintain 44 percent of the roadways
  • Spend $68.3 billion on health care services
  • Dish out a combined $472 billion on law enforcement, education, construction and human services
  • Employ 3.3 million people Feature 19,300 elected officials

Just imagine if it was all done more efficiently.