Interest Groups

Bill Watch, Jan. 17, 2020: Current Government Practice Legislation of Note - Government Practice News

Get the news you want the way you want it: click the RSS button in the right corner to add this feed to your RSS reader, or click here to subscribe to this content. By subscribing, you’ll find this news on your Member Account page, and the latest articles will be emailed to you in your customized IndyBar E-Bulletin e-newsletter.

Government Practice News


Posted on: Jan 21, 2020

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 mwestrick@indianaenergy.org.

Click here to view the full Bill Watch reports.

HB1005    HEALTH AND INSURANCE MATTERS. (SCHAIBLEY D) Requires the governing board of a nonprofit hospital to hold public semiannual meetings concerning health care services pricing and measures the hospital is taking to make health services more affordable. Provides that a facility is an off-campus location of a hospital if: (1) the operations of the facility are directly or indirectly owned or controlled by, or affiliated with, the hospital; (2) the facility provides services that are organizationally and functionally integrated with the services of the hospital; and (3) the facility provides preventive services, diagnostic services, treatment services, or emergency services. Requires an off-campus location of a hospital to apply for, obtain, and use on all claims for reimbursement or payment a national provider identifier separate and distinct from the national provider identifier of the hospital of which it is an off-campus location. Requires hospitals and ambulatory surgical outpatient centers to post certain health care services pricing information by billing code on the hospital's Internet web site and sets forth requirements. Requires: (1) a provider facility (including a hospital) in which a nonemergency health care service will be performed; or (2) a practitioner (including a physician) who will perform a nonemergency health care service; upon request from the individual for whom the nonemergency health care service has been ordered, to provide a good faith estimate of the charge for the nonemergency health care service not more than 72 hours after receiving the individual's request. Requires a health carrier (including an insurer or a health maintenance organization) to provide to an individual who is entitled to coverage from the health carrier, not more than 24 hours after the individual requests the information, a good faith estimate of: (1) the amount of the cost of the nonemergency health care service that the health carrier will pay for or reimburse to the covered individual; or (2) the extent and nature of the ordered nonemergency health care service a covered individual is entitled to receive. Requires the department of insurance to submit a request for information and a request for proposal concerning the establishment and implementation of an all payer claims data base and sets forth requirements. Provides that if a health carrier provides coverage to the individual through a network plan, the health carrier shall inform the individual whether the provider facility in which the nonemergency health care service will be provided and the practitioners who will provide the nonemergency health care service are included in the health carrier's network plan. Requires provider facilities and practitioners to post signs in waiting rooms and offices and to provide Internet web site notices about the availability of estimates of the amount the patient will be charged for medical services. Requires health carriers to provide Internet web site notices about the availability of good faith estimates of coverage for nonemergency health care services. Provides penalties for noncompliance by provider facilities, practitioners, and health carriers. Requires an insurance producer to disclose commission information. Prohibits health provider contracts from including provisions that prohibit the disclosure of health care service claims data to employers providing the health coverage and makes a violation an unfair and deceptive act.

HB1012    REPEAL OF HOUSING RESTRICTION ON LOCAL GOVERNMENT. (CHYUNG C) Repeals a statute that prohibits a county, city, town, or township from requiring a landlord to participate in a federal Section 8 housing assistance program or similar housing program.

HB1013    DISPOSAL OF PROPERTY ACQUIRED BY TAX DEFAULT. (SAUNDERS T) Requires a political subdivision to offer to sell or transfer real property acquired by tax default to an abutting landowner.

HB1014    PLAN COMMISSIONS. (SAUNDERS T) Provides that, for purposes of the advisory planning law, the county surveyor's designee must be a resident of the county to serve on the county plan commission. Provides that a member appointed to a plan commission to fill a vacancy or to serve as an alternate member must meet the same requirements, including residency requirements, as a regular member of the plan commission.

HB1019 SPECIAL DEATH BENEFIT FOR POLICE AND FIREFIGHTERS. (HARRIS JR. E) Increases, from $150,000 to $225,000, the special death benefit for certain public safety officers and members of the 1925 police pension fund, the 1937 firefighters' pension fund, the 1953 police pension fund, or the 1977 police officers' and firefighters' pension and disability fund who die in the line of duty after June 30, 2020. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)

HB1027    TOWNSHIP ASSESSORS. (ENGLEMAN K) Abolishes the office of township assessor, effective January 1, 2023. Transfers the duties of the township assessor to the county assessor of the county in which the township is located. Provides that if the office of township assessor becomes vacant before January 1, 2023, the office is abolished and the duties of the township assessor are transferred to the county assessor.

HB1031    THE LAKE MICHIGAN SHORE. (MILLER D) Provides that the public of Indiana has a vested right to engage in recreational activities: (1) from the water's edge of Lake Michigan to the natural ordinary high water mark, unless the natural ordinary high water mark is farther inland than the boundary of a private property; and (2) if the natural ordinary high water mark is farther inland than the boundary of a private property, from the water's edge: (A) to five feet beyond the point where the sand on the shore is visibly wet from the water of Lake Michigan; or (B) if the boundary of the private property is less than five feet beyond the point where the sand on the shore is visibly wet from the water of Lake Michigan, to the boundary of the private property. Provides that the State of Indiana recognizes the existence of private property below the natural ordinary high water mark of Lake Michigan where the legal description of a private property in the most recent deed recorded in the county recorder's office indicates that the private property extends below the natural ordinary high water mark. Provides that where a private property extends below the natural ordinary high water mark, the State of Indiana relinquishes its ownership of the shore of Lake Michigan with respect to the part of the private property extending below the natural ordinary high water mark. Provides that "recreational activities" includes walking, jogging, and other activities in which the participants occupy a space on the beach only temporarily, but does not include lying on the beach, camping, and other non-transient activities. Provides that: (1) the natural resources commission (commission) has exclusive authority to establish standards for approval of; and (2) the department of natural resources has exclusive authority to determine whether to approve; the placement of a seawall or other permanent structure on or within the natural ordinary high water mark of Lake Michigan. Provides that a county, city, or town has no authority to regulate the construction or maintenance of seawalls and other permanent structures in or near Lake Michigan. Authorizes an owner of a private property located adjacent to Lake Michigan to remove sand that has accumulated on or near the private property and to remove unwanted vegetation from the beach on or near the private property according to rules or guidelines of the commission. Provides that the owner of a private property that is adjacent to Lake Michigan does not incur liability for an injury to an individual or damage to property: (1) that occurs when an individual is crossing the private property to enter, or upon leaving, the span of the beach in which the public has a vested right to engage in recreational activities; and (2) that is caused by an act or omission of the owner, except for an act of the owner constituting intentional misconduct.

HB1055    CIVIL GOVERNMENT PROPERTY TAX CONTROLS. (THOMPSON J) Provides that for years after 2020 an assessed value growth quotient is determined individually for each taxing unit. Provides that the assessed value growth quotient for a taxing unit is determined by a formula that is based on: (1) the average growth in the taxing unit's net assessed value; and (2) the average circuit breaker losses experienced by a taxing unit. Eliminates Indiana nonfarm personal income as a factor in computing an assessed value growth quotient.

HB1060 REGULATION OF BUILDING MATERIALS. (MILLER D) Provides that a state agency or political subdivision may not adopt or enforce a law in certain instances as it relates to building products, materials, and aesthetic methods for Class 1 and Class 2 structures.

HB1061    SUBDIVIDING LAND. (ELLINGTON J) Allows a property owner to subdivide a parcel by deed, if the parcel is being subdivided to build or expand a residential structure or home, the use is a permitted use, the deed is recorded, a plat drawing is submitted to the political subdivision, and the lot is served by a permitted septic system, sewer system, or package plant for sewage treatment. Provides that if the subdivision control ordinance applies to the subdivision of the parcel, the subdivision of the parcel must comply with the ordinance except for requirements regarding lot size.

HB1065    VARIOUS TAX MATTERS. (THOMPSON J) Provides that a property taxpayer who receives a credit for excessive taxes is entitled to an additional deduction from assessed value in an amount sufficient to make the product of the net assessed value, the taxing district tax rate (before adjustment), and a factor involving the applicable local income property tax credit percentage equal to the gross assessed value multiplied by the tax cap rate for the underlying class of property. Provides that a township fire protection and emergency services area that experiences more than 6% population growth during a 10 year period may increase its maximum fire protection and emergency services property tax levy for 2021 or any year thereafter by an amount based on the population growth that exceeds 6%. Provides, however, that the township may not increase the tax levy based on the population growth by a total rate of more than 0.10 per $100 of the net assessed value of the fire protection and emergency services area within a 10 year period. Authorizes the fiscal body of a township to adopt a resolution to place a township fire protection services referendum tax levy on the ballot. Provides that the referendum tax levy is excluded in calculating tax credits for purposes of the property tax caps. Requires the money received from the referendum tax levy to be deposited in the township's firefighting fund. Revises the voting procedures for a local income tax council. Provides that a local income tax council must vote as a whole to exercise its authority. (Under current law, the fiscal body of the county, city, or town that is a member of the local income tax council casts its vote as a bloc.) Phases in a new distribution formula for certain local income tax (LIT) revenue using a weighted combination of property tax levies and residential assessed value for taxing units receiving this LIT revenue. Phases in the weights over five years beginning in 2022. Retroactively amends local income tax provisions that authorize Monroe County and Howard County to impose a special purpose rate to fund operation and maintenance of a juvenile detention center to remove provisions referring to property tax credits that were inadvertently included in those special purpose rate provisions when the local income tax law was enacted. Provides that, if a township passes a local public question on whether the county in which the township is located should be required to fund and carry out a public transportation project under the central Indiana public transportation projects statute, the township board shall adopt a resolution to impose a special local income tax rate on the local taxpayers residing in the township, instead of the fiscal body of the county.

HB1085    DELINQUENT SEWER FEES. (PRESSEL J) Provides that in the case of real property for which municipal sewer fees become 60 days delinquent after June 30, 2020, regardless of whether the property is occupied by someone other than the owner, a lien attaches to the real property only if the municipal utility provides notice of the delinquency to: (1) the owner of the property; and (2) any first lien mortgage holder of record; not later than 20 days after the time the fees become 60 days delinquent.

HB1100 LOCAL GOVERNMENT MATTERS. (MANNING E) Provides that if a proposed ordinance will decrease a local income tax rate, rescind a local income tax, or change the use of the proceeds from a local income tax, an adopting body that is a local income tax council or a county council shall inform the taxing units that they must provide verification and notice to the adopting body before the hearing on the proposed ordinance if the decrease, rescission, or change will adversely affect the repayment of bonds, leases, or other obligations. Increases, for the Marion County small claims courts, the: (1) bailiff's service of process by registered or certified mail fee; and (2) cost for the personal service of process by the bailiff or other process server; from $13 to $15. Provides that if an amount collected by a clerk of a city or town court for bail, a fine, a civil penalty, or various other fees is more than the amount required, the clerk shall retain as an administrative fee an amount up to $5 and refund the excess amount. Provides that for certain disposals of property, if more than one eligible abutting landowner submits an offer to purchase a tract, the disposing agent, without further appraisal or notice, may sell the tract to the eligible abutting landowner who submits the highest offer.

HB1104    HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY. (CLERE E) Repeals the laws governing the microenterprise partnership program fund and microenterprise partnership program. Requires the governing body of an eligible entity to notify the Indiana housing and community development authority of the creation of an affordable housing fund. Replaces the member of the low income housing trust fund advisory committee appointed by and representing the Indianapolis Coalition for Neighborhood Development with one member appointed by and representing the Indiana housing and community development authority.

HB1113    DEPARTMENT OF LOCAL GOVERNMENT FINANCE. (LEONARD D) Changes the deadline for reporting bonds issued or leases executed after September 30. Changes the defined term "assessed value growth quotient" to the term "maximum levy growth quotient" without changing the definition. Allows the department of local government finance (DLGF) to amend certain rules to conform with statutory changes. Changes the deadline before which a township or county assessor must provide notice of the amount of assessment or reassessment. Requires counties to provide data related to property taxation to the DLGF. (Current law requires counties to provide the data to the DLGF and the legislative services agency.) Defines the term "yard improvements" in connection with the assessment of a golf course. Eliminates unnecessary information from the sales disclosure form. Changes the term "industrial facility" in the statutes concerned with the assessment of industrial facilities. Prohibits township assessors and vendors who contract with county assessors or townships from assessing industrial facilities in Lake County. Establishes floating deadlines for assessing officials or the county property tax board of appeals to act when making changes in the assessed value of personal property or issuing a determination in an appeal of a change in assessed value of personal property. Changes the debt service obligation reporting date. Provides that a political subdivision shall submit the date, time, and place of the final adoption of the budget, tax rate, and levy through the department's computer gateway. Requires a political subdivision to indicate on its budget ordinance whether the political subdivision intends to issue debt after December 1 or file a shortfall appeal. Requires a political subdivision that makes an additional unbudgeted appropriation to submit the additional appropriation to the department within 15 days after the additional appropriation is adopted. Provides that a county treasurer shall transmit the statement describing a taxpayer's property tax liability and the notice of assessment together to the taxpayer before April 15 each year. Eliminates the use of the state address confidentiality form to submit a request to restrict access to a covered person's address maintained in a public property data base. Provides that if a taxpayer is owed a refund that exceeds $100,000 for excessive property taxes paid on real property, a county auditor may pay the property tax refund in equal installments of property tax credits for up to five years. Requires the DLGF to provide certain assessment and tax data to the legislative services agency within one business day of receipt. Eliminates the requirement that a candidate for an assessor-appraiser examination be an Indiana resident. Eliminates the restriction that a representative of a taxpayer in a proceeding before the Indiana board of tax review must be an attorney if a matter under consideration in the proceeding is a claim that taxes are illegal as a matter of law. Provides that if an adopting body under the local income tax law wishes to submit a proposed notice, ordinance, or resolution to the department for preliminary review, the adopting body shall submit the notice, ordinance, or resolution on the prescribed forms. Eliminates the requirement in the context of teacher collective bargaining for the department to certify the amount of an operating referendum tax levy or a school safety referendum tax levy. Transfers responsibility for reporting by political subdivisions of other post-employment benefits from the department to the state board of accounts. Aligns the deadline for public libraries to adopt a budget with the general deadline to adopt a budget. Rephrases and reorganizes various provisions. Makes technical changes.

HB1114    LOCAL INCOME TAXES. (THOMPSON J) Expires the existing local income tax law on December 31, 2021, and adds a new local income tax law effective in 2022 and thereafter. Does the following under the new local income tax law: (1) Authorizes counties, municipalities, and school corporations to each enact a property tax relief rate of not more than 0.5% in the case of counties and municipalities and not more than 0.25% in the case of school corporations. Provides that in Marion County, municipalities may not enact a property tax relief rate, but the Marion County city-county council may adopt a 1% property tax relief rate. (2) Authorizes counties, municipalities (other than municipalities in Marion County), and school corporations to each enact an expenditure rate. (3) Provides that an expenditure rate may not exceed: (A) 1.25% in the case of counties other than Marion County or 2% in the case of Marion County; (B) 1.25% in the case of municipalities (other than municipalities in Marion County); and (C) 0.25% in the case of school corporations. (4) Provides that, if an expenditure rate is imposed by a municipality, the municipality shall receive the revenue from the tax, and specifies that the revenue may be used for any legal purpose of the municipality (including providing additional property tax credits). (5) Specifies that a school corporation may not adopt an expenditure rate unless: (A) the expenditure rate is approved by the voters of the school corporation in a local public question; or (B) the revenue from the expenditure rate is used to provide additional property tax credits. Provides that, if a school corporation's expenditure rate is approved by the voters, the revenue may be used for any legal purpose of the school corporation (including providing additional property tax credits). Provides that the maximum period for an expenditure rate approved by the voters of a school corporation is eight years, but that the expenditure rate may be reimposed by the school corporation if approved by the voters. (6) Provides for a distribution formula for certified shares using a weighted combination of property tax levies and residential assessed value for qualified civil taxing units. Phases in the weights over five years beginning in 2022. Provides that, if an expenditure rate is imposed by a county other than Marion County, the revenue shall be distributed as certified shares to civil taxing units in the county (other than municipalities and school corporations) based on the allocation factor. Specifies that, in counties other than Marion County, the revenue from the county's expenditure rate may be allocated to a public safety answering point or used to provide additional property tax credits before the remaining revenue is distributed as certified shares. (7) Provides that the 2% maximum expenditure rate in Marion County consists of: (A) an expenditure rate of not more than 1%, to be distributed as certified shares to the county and to excluded cities in the county based on the allocation factor; and (B) an expenditure rate of not more than 1%, to be distributed as certified shares to the county and to townships in the county based on the allocation factor. (8) Specifies that in Marion County: (A) the revenue from the county's expenditure rate may be allocated to a public communications systems and computer facilities district, a public library, or a public transportation corporation, or for additional property tax credits before the remaining revenue is distributed as certified shares; and (B) revenue distributed as certified shares may be used for any legal purpose of the unit receiving the certified shares. (9) Provides that, after May 31, 2020, a political subdivision may not pledge for the payment of bonds, leases, or other obligations any tax revenue received under the current local income tax law (other than a special purpose rate). (10) Maintains the existing special purpose rates. (11) Provides that, after December 31, 2021, a local income tax rate imposed for transit purposes after approval in a local public question: (A) is a separate special purpose rate; and (B) is not part of the county's expenditure rate or considered in determining whether the county is imposing its maximum expenditure rate. (12) For property taxes due and payable in 2022 and thereafter, requires the department of local government finance to adjust each maximum property tax levy for which a levy freeze amount was applied under the existing local income tax law in 2021. (13) Authorizes a political subdivision to appeal to the department of local government finance for the authority to impose an additional local income tax rate if the political subdivision's expected local income tax distributions will be insufficient to pay obligations for which a pledge of revenue was made under the prior local income tax laws. (14) Specifies that the legislative council shall provide for the preparation and introduction of legislation in the 2021 session of the general assembly to correct cross references and make other changes to the Indiana Code, as necessary, to bring other provisions of the Indiana Code into conformity with this act.

HB1123    SHORT TERM RENTALS. (JACKSON C) Prohibits offering a property for short term rental that is: (1) designated as affordable or subject to rental assistance; (2) subject to any law that prohibits the leasing or subleasing of the property; or (3) subject to an enforcement order issued under the unsafe building law. Requires a listing or advertisement on a short term rental platform (platform) to display the permit number issued by the unit. Provides that if an owner of a short term rental (owner) fails to correct or remove a listing on a platform displaying a missing or erroneous permit number, the owner commits a Class C infraction. Specifies that a unit may regulate, prohibit, or limit short term rentals for the purpose of protecting and promoting the public's health, safety, comfort, convenience, and general welfare. (Current law provides that the purpose may only be for protecting the public's health and safety.) Allows a unit to require an owner to provide a written statement with the permit application verifying that the owner reviewed any applicable leases, bylaws, rules, or regulations of a homeowners or condominium association or cooperative and has no knowledge that the short term rental violates any of these provisions. Requires an owner to provide on the permit application: (1) all platforms upon which the short term rental is listed; and (2) an emergency contact telephone number that is available 24 hours a day, 7 days a week, to take complaints regarding the operation of the short term rental.

HB1134    RESIDENTIAL HOUSING DEVELOPMENT PROGRAM. (MOED J) Defines "residential housing" as housing or workforce housing that consists of single family dwelling units sufficient to secure quality housing in reasonable proximity to employment. Revises the requirements an allocation area must meet for the redevelopment commission to establish a program for housing. Allows the redevelopment commission of a consolidated city to establish a program for residential housing development and a tax increment funding allocation area for the program if the average of new, residential houses constructed in the consolidated city in each of the preceding three years is less than 1% of the total number of residential houses located in the consolidated city. Requires the department of local government finance, in cooperation with the appropriate agency of the consolidated city, to determine eligibility for the program. Specifies the findings the redevelopment commission must make before adopting the residential housing development program. Provides that all of the rights, powers, privileges, and immunities that may be exercised by the redevelopment commission in blighted, deteriorated, or deteriorating areas may be exercised by the redevelopment commission in implementing its program for residential housing development, including levying a special tax, issuing bonds, or entering into leases and allocating incremental property tax revenue.

HB1184 PUBLIC SAFETY OFFICER BENEFITS. (BARTELS S) Increases, from $150,000 to $225,000, the special death benefit for certain public safety officers and members of the 1925 police pension fund, the 1937 firefighters' pension fund, the 1953 police pension fund, or the 1977 police officers' and firefighters' pension and disability fund (1977 fund) who die in the line of duty after June 30, 2020. Requires a city to pay for the care of a police officer or firefighter who suffers an injury while on duty. Establishes mental health disability review panels (review panel) for evaluation of members of the 1977 fund who have been determined to have an impairment for mental illness. Includes mental illness in the description of "occupational diseases" for purposes of determining whether a 1977 fund member has an impairment. Makes the final determination of an impairment for a mental illness provisional for two years from the date of the final determination. Requires that, during that time, the 1977 fund member participate in a mental health treatment plan, at the employer's cost, and at the end of the two year period, requires the review panel to evaluate the 1977 fund member to determine if the 1977 fund member: (1) is medically able to return to duty; or (2) may continue for another two year provisional disability period. Requires that, at the end of the second provisional period, the review panel evaluate the 1977 fund member to determine if the 1977 fund member: (1) is medically able to return to duty; or (2) has a permanent impairment. Increases the maximum age to begin membership in the 1977 fund from 35 to 39 years of age. Provides that a unit's obligation to provide insurance coverage for a volunteer firefighter or member of an emergency medical services personnel supersedes the obligation of another medical insurance carrier. Provides that a certified emergency medical technician or a licensed paramedic is not liable for transporting any person to an appropriate health care facility when the emergency medical technician or the licensed paramedic makes a good faith judgment that the emergency patient or the emergency patient's primary caregiver lacks the capacity to make an informed decision about the patient's: (1) safety; or (2) need for medical attention; and the emergency patient is reasonably likely to suffer disability or death without the medical intervention available at the facility.
 
HB1189 USE OF FIREFIGHTING FOAM CONTAINING PFAS. (MAYFIELD P) Prohibits the use of Class B firefighting foam containing an intentionally added PFAS chemical: (1) for training purposes; and (2) for testing purposes, unless the testing facility has implemented appropriate measures to prevent releases of the firefighting foam to the environment.
 
HB1222 MISCELLANEOUS ELECTION LAW MATTERS. (WESCO T) Provides that the circuit court clerk may serve as the chair of a county election board or a board of elections and registration. Provides that the following may not serve as a member of a county election board or a board of elections and registration: (1) An individual who has authority to appoint a member of the board. (2) A member of the county committee of a political party. (3) A relative of any individual described in (1) or (2). Establishes a petition signature requirement for town council district candidates in towns with not more than two precincts. Allows an individual who is an unopposed candidate for township office to be appointed and serve as a precinct election officer at any vote center if certain conditions are met. Establishes a procedure for a member of the state recount commission to appoint a proxy. Establishes an administrative procedure to remove a township board member who is no longer a resident of the township. Abolishes city and town conventions for nomination of candidates for municipal offices. Abolishes town election boards. Makes conforming changes.
 
HB1223 LOCAL PUBLIC QUESTIONS. (WESCO T) Provides that except as otherwise specifically provided by a statute, a local public question may be placed on the ballot only at the following elections: (1) A general election. (2) A municipal general election, but only if the election district for the public question is contained entirely within a municipality. Makes conforming changes.
 
HB1235 911 FEES. (KARICKHOFF M) Provides that the statewide 911 board may increase an enhanced prepaid wireless charge not more than one time in a calendar year in an amount not to exceed $0.10. Revises the definition of "statewide 911 system". Provides that the statewide 911 board may adjust the statewide 911 fee not more than one time in a calendar year in an amount not to exceed $0.10.

HB1240    CYBERSECURITY TRAINING PROGRAM. (CHYUNG C) Provides that the department of homeland security division of preparedness and training, with the assistance of other certain entities, shall create and implement mandatory cybersecurity training courses for all: (1) individuals elected to a county office; and (2) newly elected individuals to a county office. Provides that a training course shall include activities, case studies, hypothetical situations, and other methods that: (1) focus on forming information security habits and procedures that protect information resources; and (2) teach best practices for detecting, assessing, reporting, and addressing information security threats. Encourages the office of judicial administration to provide cybersecurity training courses for all elected judges and newly elected judges holding a county office. Provides that the mandatory cybersecurity training program for county elected officials shall be funded from the county elected officials training fund.

HB1254 FLOOD CONTROL IMPROVEMENT DISTRICT PROJECTS. (MOED J) Provides that, in the period beginning March 1, 2020, and ending March 1, 2022: (1) money in the fund of a flood control improvement district (district) established after December 31, 2019, may be used for a flood control works project in a location outside the boundaries of the district; (2) money received by the district from bonds issued for purposes of flood control works within the district may be applied to the payment or reimbursement of the cost of a flood control works project in a location outside the boundaries of the district; and (3) money received from bonds for which revenue of the consolidated city's storm water fund was pledged or assigned may be applied to the payment of the costs of a flood control works project of the district, and money in the flood control improvement fund of the district may be applied to reimburse debt service payments on the bonds, even though the flood control works project was in a location outside the boundaries of the district; if the flood control works project outside the boundaries of the district directly benefits special flood hazard property within the district.
 
HB1256 MARION COUNTY HOUSING TRUST FUND. (MOED J) Requires the Marion County treasurer to deposit the amount of revenue received as a result of $0.01 of the certified tax rate for the county general fund for the prior year to the county housing trust fund not later than March 1 of each year.

HB1257    NOTICE OF ENVIRONMENTAL CONTAMINATION. (BOY P) Requires a person who causes a spill of certain substances into waters of the state to report the spill immediately to the following: (1) The department of environmental management (department). (2) The county health officer of each county in which the spill occurred. (3) A downstream water user. (4) At least one emergency response agency. (5) Each park located in the county in which the spill occurred. Requires the department, the county health officer, the downstream water user, the emergency response agency, and each park (entity) to: (1) post the information received about the spill on each entity's Internet web site; and (2) in a manner determined by each entity, make the information received about the spill available to the public. Requires the person who caused the spill to immediately provide notice by publication to the public in each county in which the spill occurred. Establishes a civil penalty of not more than $25,000 for each day that the person fails to make the report or provide the notice required by the bill. Provides that the civil penalty is not more that $50,000 for each day that the person fails to make the report or provide the notice if a court has entered a judgment against a person for a previous violation of the reporting and notification requirements added by the bill. Provides that a person who fails to make the report or provide the notice required by the bill commits a Class A misdemeanor. Specifies that a person commits a Level 6 felony if the person has a prior unrelated conviction for a violation of the reporting and notification requirements added by the bill. Provides that money collected by the department for a civil violation of the reporting and notification requirements added by the bill shall be deposited into the environmental management special fund. Adds definitions of "downstream water user", "objectionable substance", "park", and "spill". Makes conforming changes.

HB1279 NORTHWEST INDIANA REGIONAL DEVELOPMENT AUTHORITY. (SOLIDAY E) Provides that the general assembly finds that the powers and responsibilities provided to the northwest Indiana regional development authority (development authority) are appropriate and necessary to further facilitate the provision of transit development districts. Amends the definition of "economic development project". Provides that a purpose of the development authority is to set and align the economic development strategy and connectivity for northwest Indiana. Provides that the development board may establish any nonprofit entity to solicit and accept various funding in order to carry out and further the purposes, plans, and goals of the development authority. Provides that any such entity shall be a governmental body required to provide its current audited financial statements to the development authority not later than four months after the end of the development authority's fiscal year. Provides that all assets of a corporation shall accrue to and vest in the development authority upon dissolution. Provides that the development authority may contract with, assign to, or delegate to a commuter transportation district or a nonprofit entity to perform any duties and exercise any powers of the development authority. Provides that the development authority shall act as the chief developmental officer for the state with regard to transit development districts and provide administrative and financial support to any entity created for transit development districts or for economic development projects. Provides that the development authority may expend money related to transit development districts or nonprofit subsidiary corporations established to solicit and accept various funding in order to carry out and further the purposes of the development authority. Provides that the development authority may create any entity in furtherance of any economic development project or any other purpose of the development authority, including the comprehensive plan of the development authority. Removes the provision specifying that a liability or obligation may not be incurred by the development authority that is greater than the revenue to be received for rail transit development district purposes. Makes certain provisions under the public meetings and public records laws for the development authority.
 
HB1291 REDEVELOPMENT COMMISSIONS. (ABBOTT D) Requires one member of a municipal or county redevelopment commission (commission) appointed by the executive of the municipality or county after December 31, 2020, to be: (1) a member of the governing body of the school corporation within the territory or, if there are multiple school corporations, a member of the governing body of the school corporation with the largest average daily membership; or (2) an individual recommended by the governing body of the school corporation within the territory or, if there are multiple school corporations within the territory, an individual recommended by the governing body of the school corporation with the largest average daily membership. Effective January 1, 2021, eliminates the appointment of and term of office of a nonvoting adviser to the commission. Provides that the executive of the municipality for a municipal redevelopment commission, or the president of the county executive for a county redevelopment commission, serves as an ex officio member of the commission to cast the deciding vote to break a tie. Adds additional information that the commission's annual presentation of information to taxing units located within the commission's allocation area must include, and specifies that the presentation must include school corporations located within the allocation area.
 
HB1292 TOWNSHIP TRUSTEES AND BOARD MEMBERS. (BACON R) Provides that, in a county other than Marion County, an individual may not be a candidate for township trustee or a candidate for membership on the township board if a member of the individual's immediate family (parent, sibling, spouse, or child) is the township trustee or a member of the township board and whose term of office does not end after that election. Provides that, in a county other than Marion County, if an immediate family member of a candidate for election to a township board is elected as the township trustee, the candidate for election to the township board is not elected to the township board (if the township board candidate would otherwise be elected). Provides that, in a county other than Marion County, if two or more candidates for election to a township board are immediate family members, only one of the candidates can be elected. Provides that, if an individual is an immediate family member of: (1) the township trustee of a township; or (2) a member of the township board of the township; that individual is not eligible to fill a vacancy in the office of township trustee or to become a township board member.
 
HB1308 TRAINING REQUIREMENTS FOR CERTAIN LOCAL OFFICIALS. (WOLKINS D) Requires the clerk and fiscal officer of all cities and towns to complete at least: (1) 15 hours of training courses within one year; and (2) 40 hours of training courses within three years. (Current law requires city and town clerks and fiscal officers to complete: (1) 14 hours of training courses within one year; and (2) 36 hours of training courses within three years.) Provides that the training requirements for city and town clerks and fiscal officers do not apply to a clerk or fiscal officer who has previously served a four year term as clerk or fiscal officer.
 
HB1339 REDEVELOPMENT COMMISSION LAND PURCHASES. (DVORAK R) Requires a county redevelopment commission of a county other than Marion County to obtain the county legislative body's approval of a purchase of more than 10 acres of agricultural real property.
 
HB1348 STATE AND LOCAL ADMINISTRATION. (GUTWEIN D) Repeals the following boards and commissions: (1) Public highway private enterprise review board. (2) Lake Michigan marina and shoreline development commission. Repeals the following advisory councils and advisory boards: (1) Interstate rail passenger advisory council. (2) Orange County development advisory board. Repeals the high speed rail development fund (fund) and requires the budget agency to transfer any unencumbered money in the fund to the state general fund. Repeals language concerning responsibilities of the circuit court clerk (clerk) with respect to: (1) the clerk's receipt of the registry of certain alcohol permits; (2) notification to the clerk of a hearing regarding the fitness of an applicant seeking certain alcohol permits; and (3) the clerk's issuance of hunting, trapping, and fishing licenses. Provides that a newspaper may not charge an indigent person a fee for publishing a legal notice that is greater than the governmental rate. Makes conforming changes.
 
HB1358 RESIDENCY OF PUBLIC SAFETY OFFICERS. (HATCHER R) Provides that a city or town (municipality) may adopt an ordinance requiring a member of the police or fire department (department) to reside within the municipality within a period of time specified in the ordinance, but not sooner than six months after the date the ordinance is adopted or the member is hired by the department.
 
HB1364 FUNDING SURVIVOR HEALTH COVERAGE. (SHERMAN D) Authorizes a unit of local government to establish a public safety officer survivors' health coverage cumulative fund to discharge its obligation to pay for health coverage for the survivors of a member of the 1977 police officers' and firefighters' pension and disability fund who was employed by the unit and died in the line of duty. Provides that the legislative body of the unit may establish the fund and that the fiscal body of the unit may provide money for the fund by levying a tax on the taxable property in the unit.
 
HB1379 EMINENT DOMAIN. (MILLER D) Permits a person to require an entity with eminent domain powers to use its eminent domain powers to acquire property not owned by the person if the property is needed for a public use that is required to carry out an approved development plan, planned unit development, or other zoning change. Requires the requesting person to pay the direct costs and expenses incurred in the exercise of eminent domain.
 
HB1400 EMERGENCY MEDICAL SERVICES FOR COUNTIES. (MACER K) Provides that a county shall: (1) establish, operate, and maintain emergency medical services; or (2) enter into an agreement with a city, town, township, or a provider of emergency medical services; to provide adequate emergency medical services to its constituents in areas determined to be underserved or underrepresented in emergency medical services. Urges the legislative council to assign to an interim study committee the task of studying the topic of the ability of the governing bodies of all counties to: (1) provide advanced life support for their constituents; and (2) determine the potential fiscal impact of such advanced life support.
 
HB1408 GOVERNMENT FRAUD HOTLINE. (FORESTAL D) Requires (rather than allows) the executive or fiscal officer of a county, city, town, or township (unit) to establish a hotline telephone number for the public to report suspected fraudulent activity concerning officers and employees of the unit.
 
HB1415 REGULATED DRAINS AND ENVIRONMENTAL CONCERNS. (HAMILTON C) Authorizes a county surveyor to classify a regulated drain as a drain in need of reconstruction if: (1) the functionality of the drain is compromised; and (2) the drain could, at a reasonable cost, be reconstructed to perform the function for which it was designed while better serving the interests of public health, significantly reducing undesirable environmental effects, or providing flood reduction benefits. Authorizes a county surveyor to classify a regulated drain as a drain in need of periodic maintenance if the drain can be made to: (1) perform the function for which it was designed and constructed; (2) properly drain affected land; and (3) better serve the interest of public health, produce fewer undesirable environmental effects, or provide flood reduction benefits; through periodically cleaning, spraying, removing obstructions from, and making minor repairs, additions, or alterations to the regulated drain. Provides that the maintenance fund established for a regulated drain or combination of regulated drains may be used to: (1) better serve the interests of public health; (2) reduce undesirable environmental effects; (3) provide flood reduction benefits; (4) improve drainage control; or (5) provide drainage water storage infrastructure or technology associated with water that flows in or into a particular regulated drain or combination of regulated drains. Authorizes a county surveyor, when determining the best method of reconstructing a regulated drain or the best method of drainage for the area to which a petition to establish a new regulated drain relates, to consider cost effective drainage designs that limit undesirable environmental effects, improve public health, or provide flood reduction benefits.

SB8    911 DISPATCHERS. (BOHACEK M) Provides that an emergency medical dispatcher who has successfully completed certain training shall be considered an emergency responder.

SB20    COUNTY PLAN COMMISSIONS. (GASKILL M) Allows a county agricultural extension educator (educator) serving on a county plan commission who is not a resident of the county to continue to serve on the plan commission until: (1) October 1, 2020; or (2) the date set forth in a county legislative body ordinance that is after October 1, 2020, and not later than October 1, 2021. Provides that an educator who is not a resident of the county shall serve the commission in a nonvoting advisory capacity. Provides that, for purposes of the advisory planning law, the county surveyor's designee must be a resident of the county to serve on the county plan commission. Adds a provision that requires a person appointed to a plan commission, to fill a vacancy or to serve as an alternate member, to meet the same requirements as the member they are appointed to replace.

SB23    ANNEXATION. (BOOTS P) Provides, with certain exceptions, that the following apply to annexations for which an annexation ordinance is adopted after March 31, 2020: (1) A municipality initiating an annexation must file a petition with the court signed by at least: (A) 51% of the owners of land that is not exempt from property taxes in the annexation territory; or (B) the owners of more than 75% in assessed valuation of land that is not exempt from property taxes in the annexation territory. (2) If the petition filed by the municipality has enough signatures, the court must hold a hearing to review the annexation. (3) Adds provisions regarding the validity of a signature on an annexation petition. (4) Eliminates the remonstrance procedure for annexations and reimbursement of remonstrator's attorney's fees and costs. (5) Provides that remonstrance waivers are void for annexations for which the annexation ordinance is adopted after March 31, 2020. (6) Provides that a settlement agreement in lieu of annexation that is executed after March 31, 2020, is void. (7) Eliminates provisions regarding the contiguity of a public highway. Eliminates provisions that prohibit an annexation from taking effect in the year preceding the year that a federal decennial census is conducted.

SB25    MENTAL HEALTH DISABILITY REVIEW PANELS. (BOOTS P) Establishes mental health disability review panels (review panel) for evaluation of members of the 1977 police officers' and firefighters' pension and disability fund (1977 fund) who have been determined to have an impairment for mental illness. Includes mental illness in the description of "occupational diseases" for purposes of determining whether a 1977 fund member has an impairment. Makes the final determination of an impairment for a mental illness provisional for two years: (1) beginning July 1, 2020, for a final determination made after December 31, 2012, and before July 1, 2020; or (2) from the date of the final determination, for a final determination made after June 30, 2020. Requires that, during that time, the 1977 fund member participate in a mental health treatment plan, at the employer's cost, and at the end of the two year period, requires the review panel to evaluate the 1977 fund member to determine if the 1977 fund member: (1) is medically able to return to duty; or (2) may continue for another two year provisional disability period. Requires that, at the end of the second provisional period, the review panel evaluate the 1977 fund member to determine if the 1977 fund member: (1) is medically able to return to duty; or (2) has a permanent impairment. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)

SB46    STORM WATER FEE EXEMPTIONS. (FREEMAN A) Provides that the board of a municipal department of storm water management, the board of a county department of storm water management, or the board of public works of a consolidated city may not assess or collect user fees for the operation and maintenance of a storm water system with respect to: (1) property where religious services are held regularly; (2) property that belongs to a school corporation and is used for educational purposes; or (3) property that is assessed as agricultural land for property tax purposes. Provides that the drainage board of a county that does not have a department of storm water management may not assess or collect fees for services provided to address issues of storm water quality and quantity with respect to: (1) property where religious services are held regularly; (2) property that belongs to a school corporation and is used for educational purposes; or (3) property that is assessed as agricultural land for property tax purposes.

SB55    PIPING MATERIALS FOR PUBLIC WORKS PROJECTS. (DORIOT B) Defines "acceptable piping material" as piping material that: (1) meets certain recognized standards; and (2) meets the performance specifications for the public works contract. Provides, for purposes of the law on public works projects of state agencies and political subdivisions, including design-build public works projects, that the specifications or design criteria package must allow bidding in open competition for acquisition of acceptable piping materials for use in the public works project. Provides, however, that a public works project's engineer is not limited in selecting any acceptable piping materials that meet the requirements of the public works project.

SB70    FIRE DEPARTMENT MERIT SYSTEM. (TALLIAN K) Provides that a fire merit system is established January 1, 2022, in certain cities, towns, and townships (units) that have not established a fire merit system, unless a majority of the unit's: (1) legislative body; and (2) active full-time, paid members of the department; vote to reject the establishment of a fire merit system not later than July 1, 2021. Provides that a unit may dissolve the fire merit system after January 1, 2022, by following the procedure in current law for establishing a fire merit system.

SB71    ADVERSE POSSESSION STATUTE OF LIMITATIONS. (DORIOT B) Amends the statute concerning the statute of limitations for actions for the recovery of the possession of real estate to provide that such an action that: (1) involves a line located and established by a professional surveyor; and (2) accrues before the lines are located and established by the surveyor; must be commenced before the expiration of the appeal period set forth in the statute governing county surveyors. Amends the Indiana Code provision concerning the establishment of property lines by means of a legal survey to specify that the lines established are binding on all affected landowners, including a landowner who claims title under a claim of adverse possession.

SB80    INDIANA CODE PUBLICATION BILL. (YOUNG M) Addresses nonsubstantive problems not suitable for inclusion in the annual Technical Corrections bill, including resolution of the conflicts between versions of sections that were both amended and repealed during the 2019 legislative session. (The introduced version of this bill was prepared by the code revision commission.)

SB100    RIGHT TO RESTORE OR RECONSTRUCT A DWELLING. (DORIOT B) Provides that a person is entitled to restore or reconstruct a nonconforming residential single family dwelling within the dwelling's existing footprint, if the dwelling: (1) is nonconforming only as to lot size, setbacks, or any other dimensional requirements; (2) is a habitable dwelling assessed as residential property; and (3) has not been condemned. Prohibits a local government from requiring a variance for the restoration or reconstruction.

SB117 VEHICLE BILL. (LANANE T) None

SB132    DEPARTMENT OF HOMELAND SECURITY. (CRIDER M) Renames the "safety first" license plate as the "first responder" license plate. Provides that the department of homeland security may require a person to submit information, a document, or an application electronically. Provides that a two-dimensional bar code shall be displayed in or on each regulated lifting device. Repeals the reduced ignition propensity standards for cigarettes fund and transfers the money in the fund to the fire prevention and public safety fund. Provides that the fire prevention and public safety fund may be used for the same purposes as the reduced ignition propensity standards for cigarettes fund. Makes conforming changes.

SB148    ZONING AND MANUFACTURED HOMES. (DORIOT B) Adds a definition of "industrialized residential structure" for purposes of the law governing mobile home communities. Provides that, subject to certain conditions: (1) an industrialized residential structure may be located in a mobile home community; and (2) units of local government may not adopt or enforce a comprehensive plan or zoning ordinance that prohibits the plans and specifications for a proposed residential structure solely because the proposed residential structure is a manufactured home. Provides that units of local government may not adopt or enforce certain ordinances, regulations, requirements, or other restrictions related to construction, building, or design that mandate width standards, roof pitch requirements, or other design standards for a manufactured home. Makes conforming changes.

SB152    VEHICLE BILL. (BRAY R) None

SB153    VEHICLE BILL. (BRAY R) None

SB210    DISPOSAL OF LAND BY LOCAL GOVERNMENT. (PERFECT C) Removes a provision allowing abutting landowners who submit lower bids for a purchase of real property from a political subdivision to submit an additional bid after being informed of the amount of the highest bid received.

SB215    MARION COUNTY FAIRGROUNDS. (SANDLIN J) Provides that the board of directors of the Marion County Agricultural Fair Association may request the placement of one digital billboard at a location on the real property of the Marion County Agricultural Fair Association selected by the board. Provides that a consolidated city shall permit the placement of one digital billboard on the real property of the Marion County Agricultural Fair Association if the board makes such a request. Provides that the owner of the real property of the Marion County Agricultural Fair Association shall receive any revenue attributable to the placement of the digital billboard on the real property.

SB225    BONDING PROCEDURES. (TAYLOR G) Removes a provision specifying that a negotiated sale is not authorized after June 30, 2021, for the following political subdivisions: (1) A consolidated city. (2) A second class city. (3) A school corporation located in a consolidated city or a second class city. Expands the list of political subdivisions that are eligible to sell bonds at a negotiated sale to include the following: (1) A third class city. (2) A public library or another special taxing district located in a consolidated city, second class city, or third class city. Provides that this expansion does not apply to refinancing bonds and some revenue bonds that are dedicated to a limited purpose.

SB230    LEASING OF LOCAL UNIT PROPERTY. (SANDLIN J) Provides that a political subdivision may lease real property of the political subdivision that is located between the curb of a street and the front of commercial property, including a parkway strip, tree row, verge, or sidewalk, to the owner of the commercial property: (1) upon terms agreed to between the political subdivision and the property owner or property manager; and (2) without competitive bidding. Specifies requirements for the lease. Provides that upon execution of the lease, the property of the political subdivision shall be under the maintenance, control, and supervision of the property owner or the property manager, subject to the public's right to use the sidewalk as a walkway. Requires the lease to be approved by at least a two-thirds vote of the members of the fiscal body of the political subdivision.

SB237    CARE OF CITY POLICE OFFICERS AND FIREFIGHTERS. (BROWN L) Requires a city to pay for the care of a police officer or firefighter who suffers an injury while on duty.

SB258    FIREFIGHTER SAFETY. (KOCH E) Requires the board of firefighting personnel standards and education to establish best practices to improve safety and health outcomes for firefighters. Provides that the worker's compensation rating bureau of Indiana may provide a premium or rate discount towards worker's compensation insurance to political subdivisions and volunteer fire departments that implement best practices. Provides that the board of trustees of the Indiana public retirement system may provide a discount to a payment required for the 1977 police officers' and firefighters' pension and disability fund pension fund to political subdivisions that implement best practices. Establishes the best practices fund for the purpose of providing matching grants to political subdivisions and volunteer fire departments to purchase equipment and other gear to implement best practices.

SB260    EDUCATION FUNDING. (SPARTZ V) Requires the superintendent of each school corporation to submit the report compiled by the office of management and budget concerning the ratio of student instructional expenditures to all other expenditures to the local board of finance for the school corporation. Requires a redevelopment commission to provide notice of an adopted resolution concerning an area in need of redevelopment, an economic development area, or an allocation area, to the: (1) president of the governing body; and (2) superintendent; of each school corporation that is wholly or partly located within the allocation area established by the commission. Requires a redevelopment commission to provide information concerning each tax increment financing district to the: (1) president of the governing body; and (2) superintendent; of each school corporation that is wholly or partly located within the allocation area established by the commission. Requires an audit of a redevelopment commission or department of redevelopment to include a review of tax increment financing district allocation area funds.

SB264 CERTIFIED TECHNOLOGY PARKS. (HOLDMAN T) Amends provisions that allow a certified technology park to capture an additional amount of incremental income taxes once it has reached its limit on deposits to do the following: (1) Increase the annual additional deposit amount from $100,000 to $500,000, and cap the total additional amount that may be captured at not more than $2,000,000. (2) Require a certified technology park to meet certain reporting and performance requirements in order to be eligible to capture the additional amount of incremental income taxes.
 
SB291 LAW ENFORCEMENT AND HANDGUNS IN A CASINO. (GROOMS R) Prohibits the gaming commission from adopting a rule prohibiting a law enforcement officer from carrying a handgun in a casino, and repeals an existing rule. Permits the gaming commission to adopt rules: (1) requiring a law enforcement officer who is carrying a handgun to notify an enforcement agent that the law enforcement officer is carrying a handgun; and (2) prohibiting a law enforcement who is carrying a handgun from consuming alcohol or from entering a casino after having consumed alcohol.
 
SB321 THE LAKE MICHIGAN SHORE. (ROGERS L) Provides that the public of Indiana has a vested right to engage in recreational activities: (1) from the water's edge of Lake Michigan to the natural ordinary high water mark, unless the natural ordinary high water mark is farther inland than the boundary of a private property; and (2) if the natural ordinary high water mark is farther inland than the boundary of a private property, from the water's edge: (A) to five feet beyond the point where the sand on the shore is visibly wet from the water of Lake Michigan; or (B) if the boundary of the private property is less than five feet beyond the point where the sand on the shore is visibly wet from the water of Lake Michigan, to the boundary of the private property. Provides that the State of Indiana recognizes the existence of private property below the natural ordinary high water mark of Lake Michigan where the legal description of a private property in the most recent deed recorded in the county recorder's office indicates that the private property extends below the natural ordinary high water mark. Provides that where a private property extends below the natural ordinary high water mark, the State of Indiana relinquishes its ownership of the shore of Lake Michigan with respect to the part of the private property extending below the natural ordinary high water mark. Provides that "recreational activities" includes walking, jogging, and other activities in which the participants occupy a space on the beach only temporarily, but does not include lying on the beach, camping, and other non-transient activities. Provides that: (1) the natural resources commission (commission) has exclusive authority to establish standards for approval of; and (2) the department of natural resources has exclusive authority to determine whether to approve; the placement of a seawall or other permanent structure on or within the natural ordinary high water mark of Lake Michigan. Provides that a county, city, or town has no authority to regulate the construction or maintenance of seawalls and other permanent structures in or near Lake Michigan. Authorizes an owner of a private property located adjacent to Lake Michigan to remove sand that has accumulated on or near the private property and to remove unwanted vegetation from the beach on or near the private property according to rules or guidelines of the commission. Provides that the owner of a private property that is adjacent to Lake Michigan does not incur liability for an injury to an individual or damage to property: (1) that occurs when an individual is crossing the private property to enter, or upon leaving, the span of the beach in which the public has a vested right to engage in recreational activities; and (2) that is caused by an act or omission of the owner, except for an act of the owner constituting intentional misconduct.
 
SB350 REGIONAL DEVELOPMENT. (HOLDMAN T) Establishes a regional development local gross retail tax, a regional development local income tax, and a regional development food and beverage tax. Provides various changes to the existing regional development authority law for development authorities established before January 1, 2020. Defines various terms. Adds a new article for development authorities established after January 1, 2020. Does the following under the new article: (1) Provides that a development authority is a separate body corporate and politic that shall carry out its purposes by acquiring, constructing, equipping, owning, leasing, and financing projects and facilities for lease to or for the benefit of eligible political subdivisions, and by funding and developing other various projects. (2) Provides that subject to certain adjacency requirements, a development authority may be established by certain counties or municipalities meeting specific population requirements. Provides that a county or municipality may participate in the establishment of a development authority and become a member only if the fiscal body adopts a development authority investment plan. Provides that when a county establishes a development authority with another unit, any municipality in the county does not also become a member unless the fiscal body of the municipality also adopts the investment plan. Provides that a county or municipality may only be a member of one development authority. Provides that a development authority shall notify the Indiana economic development corporation (IEDC) after the development authority is established. (3) Provides requirements and restrictions for a county and a municipality to join a development authority. (4) Provides that a county or municipality shall be a member of a development authority for at least 12 years and not more than 22 years. Provides that at least 12 months and not more than 18 months before the end of a membership period, the fiscal body of the member must adopt an ordinance that commits the member to an additional term of membership or withdraws the member from the development authority at the end of the current term. (5) Provides that a development authority board is governed by an investment board. Provides requirements for the establishment, composition, bylaws, and procedural operations of the investment board. (6) Provides requirements and restrictions for public purchasing and public works projects of development authorities. (7) Provides requirements for an annual financial audit and local advisory committee for development authorities. (8) Describes the duties and powers of a development authority. Provides that a development authority may enter into certain joint agreements with other development authorities or entities. Provides that a development authority shall issue an annual report to various parties. Provides that a development authority shall prepare a comprehensive strategic plan. (9) Provides that an investment board shall establish and administer a regional investment fund. Provides for the funding sources of the regional investment fund. Provides for the establishment of a debt service account within the regional investment fund. Provides what amounts must be transferred by each member to the development authority for deposit in the regional investment fund. (10) Provides that a development authority may issue bonds for certain purposes and provides requirements, procedures, and terms related to the bonds. Provides that a development authority may lease land or a project to an eligible political subdivision and provides requirements, procedures, and terms related to such leases.
 
SB365 TOWN OF GRIFFITH. (NIEMEYER R) Provides that, for purposes of the law governing the transfer of municipal territory to an adjacent township, the time period for submitting a petition to an adjacent township is two years (rather than one year under current law) after a special election concerning whether the territory of an eligible municipality should be transferred to an adjacent township within the county. Provides that, if the legislative body of an adjacent township adopts a resolution rejecting the transfer of the territory of the eligible municipality within the transferor township: (1) the territory of the eligible municipality may not be transferred to an adjacent township; and (2) the eligible municipality shall assume within the territory of the eligible municipality the duties and responsibilities related to township government. Provides that an eligible municipality shall: (1) prepare a comprehensive plan that contains a fiscal impact analysis and other fiscal and administrative matters relevant to the eligible municipality's assumption of township government services; and (2) adopt an ordinance incorporating the comprehensive plan. Requires the eligible municipality to post a copy of the comprehensive plan, including any amendments to the comprehensive plan, on the eligible authority's Internet web site. Specifies the required contents of the fiscal impact analysis. Provides that an eligible municipality shall prepare the comprehensive plan and adopt the ordinance incorporating the comprehensive plan not later than one year after the later of the following: (1) The expiration of the one year period following the date on which the last township legislative body receives a petition from the eligible municipality. (2) The date that the last township legislative body adopts a resolution rejecting the transfer of the territory to the township. Provides that, if an eligible municipality does not prepare the comprehensive plan and adopt the ordinance incorporating the comprehensive plan within the time period established by the bill, the eligible municipality does not assume the governmental powers and duties of the township for the territory within the eligible municipality. Provides for the transfer and treatment of indebtedness attributable to the territory in which the eligible municipality will provide township government services. Provides for the imposition of property taxes to pay outstanding indebtedness within the territory in which the eligible municipality will provide township government services. Provides that the department of local government finance shall adjust the maximum permissible property tax levies to account for the assumption of township government services by the eligible municipality. Requires the eligible municipality's fiscal body to adopt tax levies, tax rates, and a budget for the services required by the eligible municipality's assumption of township government services in the year before the year in which the eligible municipality assumes responsibility for providing township government services.
 
SB367 REGIONAL DEVELOPMENT AUTHORITIES. (NIEMEYER R) Specifies that the open door law and access to public records act apply to a regional development authority and the authority's governing board.
 
SB371 LOCAL REGULATION OF PACKAGING PREEMPTION REPEAL. (STOOPS M) Repeals a provision in the home rule statute that prohibits a unit of local government from: (1) regulating: (A) certain activities with respect to reusable or disposable auxiliary containers designed for one time use or for transporting merchandise or food from food or retail facilities (auxiliary containers); or (B) a manufacturer of, a distributor of, or a food or retail facility that sells, provides, or otherwise makes use of, auxiliary containers, in connection with certain activities involving auxiliary containers; or (2) imposing any prohibition, restriction, fee, or tax with respect to auxiliary containers or to a manufacturer of, a distributor of, or a food or retail facility that sells, provides, or otherwise makes use of, auxiliary containers, in connection with certain activities involving auxiliary containers. Makes a conforming change.
 
SB372 TAXES FOR PUBLIC SAFETY IN ALLOCATION AREAS. (BUCK J) Provides that property tax proceeds in a tax increment financing allocation area established after April 30, 2020, that are attributable to the portion of the assessed value that represents the percentage of property tax revenue that was budgeted by taxing units for police or fire services in the allocation area immediately preceding the effective date of the allocation provision shall be allocated and paid into the funds of those respective taxing units. Makes corresponding changes.
 
SB406 SURVIVOR BENEFITS. (GARTEN C) Provides that if a public safety officer enters a deferred retirement option plan (DROP) for the public safety officer's respective pension plan and the public safety officer dies before the public safety officer's DROP exit date, the benefit options for the public safety officer's survivors are made similar, as applicable, to the DROP disability benefit options in: (1) the DROP applicable to the state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan; (2) the DROP applicable to the 1925 police pension fund, the 1937 firefighters' pension fund, the 1953 police pension fund (Indianapolis), and the 1977 police officers' and firefighters' pension and disability fund; and (3) the DROP applicable to the county sheriffs' retirement plans.
 
SB410 LIBRARIES. (GLICK S) Makes changes to statutes applicable to the review of budgets of certain public libraries. Establishes a procedure for public libraries to identify the applicable city, town, or county fiscal body to receive a public library's proposed budget. Includes public libraries in the definition of "qualified entities" for purposes of criminal background checks. Requires, before December 31, 2020, public libraries to conduct criminal background checks for individuals who are more than 18 years of age and who: (1) apply to the public library for employment or volunteer work; or (2) are currently employed by or perform volunteer work for the public library. Provides that a library board may issue a local library card without charge or for a reduced fee to an individual who is not a resident of the library district and who is a child receiving foster care services.
 
SB436 CONCURRENT CRIMINAL JURISDICTION FOR THE ATTORNEY GENERAL. (YOUNG M) Grants the attorney general concurrent jurisdiction to prosecute certain crimes if the prosecuting attorney refuses as a matter of policy to prosecute those crimes. Establishes a procedure for the attorney general to assume jurisdiction, and requires the county to reimburse the attorney general for expenses incurred in prosecuting crimes in the county. Provides that the state is not required to reimburse a prosecuting attorney for expenses incurred in an action brought by the attorney general to prosecute certain cases.
 
SB440 DISSOLUTION OF TOWNSHIP GOVERNMENT. (BASSLER E) Requires in 2020 and every eight years thereafter that a public question be placed on the ballot in each county (except in a county having a consolidated city and a county in which township government has been dissolved), asking the voters of the county whether township government in the county should be dissolved. Provides that if the voters of the county vote in favor of dissolution of township government, township government in the county is dissolved on January 1 of the second odd-numbered year after the public question is approved by the voters. Provides that on the dissolution date, the county executive (or the county executive's designee) assumes the powers and duties of the township trustees in the county and the county fiscal body assumes the duties of the township boards. Provides that elected township officials serve out their terms of office and are required to assist in the transfer of the powers and duties of township government to county government. Renames "township assistance" as "local assistance". Provides for the disposition of township property, funds, and liabilities. Repeals a statute permitting the staggering of the terms of township board members. Repeals obsolete statutes. Makes conforming changes.

DID YOU KNOW?

Indianapolis Bar Association (IndyBar) est. 1878 | 4,536 Members (as of 2.11.21)