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 firstname.lastname@example.org.
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HB1014 PLAN COMMISSIONS. (SAUNDERS T) Allows a county agricultural extension educator (educator) serving on a county plan commission or an area plan commission who is not a resident of the county to continue to serve on the county plan commission or area 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 county plan commission or area plan commission in a nonvoting advisory capacity. Provides that the county surveyor's designee must be a resident of the county to serve on the county plan commission or area plan commission. 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 the person is appointed to replace.
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.
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. Requires budget committee review of an agreement: (1) in which the Indiana finance authority or the state is a party; and (2) that would increase revenue as a result of a sale or lease of a state asset, or a grant of a license to operate a state asset, if the increase in revenue as a result is at least $100,000,000. 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. 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.) Amends and adds provisions regarding the assessment of a golf course. Provides, with certain exception, that the true tax value per acre of land utilized by, for, or in connection with a solar energy installation shall not exceed 300% of the statewide agricultural land base rate value per acre. 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. Provides a property tax deduction to the owner if: (1) the property is occupied by a relative of the owner who is blind or is an individual with a disability; (2) the occupant principally uses the property as the occupant's residence; and (3) the occupant's gross income for the year preceding the year for which the deduction is claimed does not exceed $17,000. Provides that, for purposes of determining the assessed value of real property for an individual who has received an over 65 deduction, a disabled veteran deduction, or an over 65 circuit breaker credit, subsequent increases in assessed value are not considered unless the increase is attributable to physical improvements to the property. Provides that a taxpayer may appeal a change in the assessed value of personal property made by a township assessor or county assessor by filing a written notice of review with the county property tax assessment board of appeals (PTABOA). Provides that a taxpayer may appeal a change in the assessed value of personal property made by a PTABOA by filing a written notice of review with the Indiana board of tax review. Removes existing language that provides that, if a PTABOA fails to change an assessed value claimed by a taxpayer on a personal property return and give notice of the change within the time prescribed, the assessor may file a petition for review of the assessment by the Indiana board. 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 procedures for increases for the maximum permissible ad valorem property tax levies for Sullivan County, the city of Wabash, and the Wabash city school corporation. Specifies that the county treasurer's property tax comparison statement, issued annually, must include: (1) information stating how a taxpayer can obtain information regarding the taxpayer's notice of assessment or reassessment; and (2) a remittance coupon indicating payment amount due at each payment due date. Provides that a notice to taxing units regarding a proposed local income tax ordinance must inform the taxing units of the need to provide notice of certain information to the local income tax council regarding any affect on payment obligations. 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 or 10 years, depending on the amount owed to the taxpayer. 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. Modifies the standard formula for the calculation of certified shares of local income tax revenue in Hamilton County after 2020 and before 2024 to calculate adjusted amounts of certified shares for the city of Carmel and the city of Fishers. 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. Provides an exception to the maximum term or repayment period for bonds issued by a school corporation for a school building construction project if a loan is made or guaranteed by a federal agency. Transfers responsibility for reporting by political subdivisions of other post-employment benefits from the department to the state board of accounts. Provides certain provision for a township trustee of a township with regard to a homeless person whose legal residence: (1) is not in the township; or (2) cannot be ascertained. Requires each township trustee in a county to collaborate and prepare a list of public and known private resources that is: (1) available to the homeless population for each township in the county; and (2) distributed and published on the county's Internet web site not later than March 1 of each year. Provides that money in the fund of a flood control improvement district established after December 31, 2019, may be used for a flood control works project in a location outside the boundaries of the district. Expires this provision on March 1, 2022. Allows 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. Aligns the deadline for public libraries to adopt a budget with the general deadline to adopt a budget. Removes a provision in current law requiring the state board of accounts to approve a record concerning unsafe premises. Removes a provision in current law
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.
MISCELLANEOUS ELECTION LAW MATTERS. (WESCO T) 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. Abolishes city and town conventions for nomination of candidates for municipal offices. Abolishes town election boards. 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. Provides that if a precinct is divided to assign some of the territory of the precinct to a municipality because of an annexation, any part of the divided precinct may form a separate precinct that does not comply with the requirement that a precinct may not be established with fewer than 600 active voters. Authorizes a county executive to request from the Indiana election commission a waiver of the requirement that a precinct must have at least 600 active voters. Provides that in order for a precinct committeeman or a precinct vice committeeman (exercising the precinct committeeman's proxy) to participate in a caucus to fill a vacancy, the committeeman or vice committeeman must be entitled to vote for the office for which a successor is to be selected in the caucus. Provides that an individual who is at least 16 years of age but younger than 18 years of age may perform certain functions relating to absentee voting if the individual satisfies certain criteria. Provides that the adoption, rescission, or amendment of a vote center plan does not require the unanimous vote of the entire membership of the board if: (1) a majority vote of the entire membership of the board votes to adopt, rescind, or amend the vote center plan; and (2) at least two of the members of the board voting to adopt, rescind, or amend the vote center plan are members of different political parties. Requires the inclusion of language on a ballot or voting system to tell the voter that the voter is not required to vote a straight party ticket. Establishes a procedure for processing the absentee ballot of a voter who fails to complete the casting of the voter's absentee ballot before an absentee voter board. 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. Makes conforming changes.
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.
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.
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.
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.
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.)
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 NONCONFORMING STRUCTURES. (DORIOT B) Provides that the parcel owner shall be allowed to reconstruct, repair, or renovate the nonconforming structure if the reconstruction, repair, or renovation meets certain requirements.
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.
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) Provides that a city shall pay for the care of a police officer or firefighter who suffers an injury while performing the person's duty or while the person is on duty or who contracts illness caused by the performance of the person's duty. Adds requirements that allows a federal enforcement officer to be appointed as a police chief or deputy police chief in a city.
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.
CENTRAL INDIANA REGIONAL DEVELOPMENT AUTHORITY. (HOLDMAN T) Authorize counties and municipalities within the Indianapolis metropolitan area to establish a central Indiana regional development authority pilot that will sunset on July 1, 2025. Requires counties and municipalities that wish to establish the development authority to adopt substantially similar resolutions to adopt a preliminary strategic economic development plan (preliminary development plan). Provides that the development authority shall be governed by a strategy committee composed of members selected according to the terms of the preliminary development plan adopted to establish the development authority. Specifies the duties of the development authority. Requires the development authority to prepare a comprehensive strategic economic development plan. Amends the definition of "economic development projects" under the local income tax statute. Codifies the establishment and governing provisions of the Indianapolis metropolitan planning organization. Makes conforming changes.
TOWN OF GRIFFITH. (NIEMEYER R) Changes the definition of "eligible municipality". Provides that if at least 2/3 of the voters voting in a special election held in the town of Griffith (town) on the public question of whether the territory of the town should be transferred to an adjacent township vote "yes" on the public question: (1) the legislative body of the eligible municipality may submit a petition to one or more adjacent townships within two years after the special election requesting that the adjacent township accept transfer of the territory of the town; (2) the legislative body of an adjacent township that receives a petition for the transfer of the town's territory may adopt a resolution accepting the transfer before the later of December 31 of the year in which the petition is received or the ninetieth day after the date that the petition is received; and (3) if no legislative body of an adjacent township to which a petition for transfer was submitted by the town accepts the transfer before July 1, 2020, the territory of the town is automatically transferred to the adjacent township with the greatest assessed value effective January 1, 2022.
REGIONAL DEVELOPMENT AUTHORITIES. (NIEMEYER R) Specifies that a memorandum of understanding between the chief executive officer of the Indiana state museum and historic sites corporation (corporation) and a nonprofit organization that supports a specific state historic site may not include certain restrictions on the fundraising activities of the nonprofit organization and certain operations of the nonprofit organization. Requires the corporation to return certain donor restricted funds to a nonprofit organization if the funds are not used for a donor's specified use in a historic site project. Adds four members to the development board of the northwest Indiana regional development authority. Specifies that the open door law and access to public records act apply to a regional development authority and the authority's governing board.
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.
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.