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Bill Watch, Feb. 14, 2014: Current Government Practice Legislation of Note - Government Practice News

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Government Practice News


Posted on: Feb 18, 2014

The IndyBar Legislative Committee is currently monitoring the following government practice related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at mindy.westrick@faegrebd.com.

Click here to view the full Bill Watch reports.

HB1009 SURVEILLANCE AND PRIVACY. (KOCH E)
Requires a law enforcement officer to obtain a search warrant in order to use an unmanned aerial vehicle, with certain exceptions. Provides that a law enforcement officer may not compel a person to provide a passkey, password, or keycode to any electronic communication service, electronic device, or electronic storage, or any form of stored electronic user data without a valid search warrant issued by a judge. Prohibits a law enforcement officer or law enforcement agency from using a real time tracking instrument that is capable of obtaining geolocation information concerning a cellular device or a device connected to a cellular network unless: (1) the law enforcement officer or law enforcement agency has obtained an order issued by a court based upon a finding of probable cause to use the tracking instrument; or (2) exigent circumstances exist that necessitate using the tracking instrument without first obtaining a court order. Provides that, except for a law enforcement officer or governmental entity who has obtained a search warrant, a person who knowingly or intentionally places a camera or electronic surveillance equipment that records images or data of any kind while unattended on the private property of another person without the consent of the owner or tenant of the private property commits a Class A misdemeanor. Provides immunity from civil and criminal liability for certain entities that provide information pursuant to certain court orders. Provides certain procedures for the issuance of search warrants concerning electronic communication service or remote computing service that affect the law concerning a journalist's privilege against disclosure of an information source. Allows a judge to issue a search warrant or arrest warrant if the judge receives sworn testimony of the same facts required for an affidavit in writing by electronic mail when signed by the affiant. Urges the legislative council to assign to a study committee during the 2014 legislative interim the topic of digital privacy, including: (1) issues related to searches of electronic devices, compelling the disclosure of electronic user data, the collection and use of geolocation information, and the collection and use of biometric information by government agencies; and (2) any other issue concerning digital privacy and related subjects.

HB1187 MUNICIPAL SEWAGE WORKS. (BACON R)
Provides that an ordinance that reserves to a municipality the exclusive right to exercise certain powers related to sewage service in an area within four miles outside the municipality's corporate boundaries: (1) may not be enforced until May 1, 2017, if the ordinance is adopted before January 1, 2014; and (2) is void if the ordinance is adopted after December 31, 2013. For purposes of the statute governing sanitation districts in certain municipalities, provides that in establishing sewer fees, a district must provide for: (1) the apportionment or proration of fees assessed with respect to a multipurpose building in a manner that recognizes the different purposes to which the multipurpose building is put; or (2) the application of different fee schedules or classifications of fees to the individual units or parts of a multipurpose building in a manner that recognizes the primary purpose of the individual units or parts. Provides that any schedule of fees that: (1) is adopted by a district before April 1, 2014; and (2) does not comply with the requirements with respect to multipurpose buildings; shall, not later than September 30, 2014, be changed or amended to comply with the requirements.

HB1246 SOLID WASTE COLLECTION AND DISPOSAL CONTRACTS. (CARBAUGH M)
Authorizes a city other than Indianapolis or a town to enter into a contract for the collection and disposal of solid waste through a request for proposals process instead of a bidding process.

SB104 DISSOLUTION OF POLITICAL SUBDIVISION. (TALLIAN K)
Specifies that a county, city, town, or township does not have the power to dissolve another political subdivision, except as expressly granted by statute. Specifies a procedure through which a political subdivision that was established by another political subdivision may be dissolved.

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