The IndyBar Legislative Committee is currently monitoring the following real estate and land use related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at email@example.com.
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HB1052 DEVELOPMENT AROUND MILITARY BASE. (MESSMER M)
Expands, for purposes of the limitations on planning and zoning that affect the Crane military base, the definition of "military base" to include the Glendora Lake Test Facility in Sullivan County at which the Crane military base conducts affiliated operations.
HB1076 INDOT EMINENT DOMAIN ACTIONS. (ZENT D)
Reduces from six to three years the deadline by which the Indiana department of transportation or any other person seeking to acquire property for road construction must file a complaint to acquire the property by the exercise of eminent domain following the rejection of an offer to purchase by the owner of the property. Requires a court to conduct an expedited hearing of the complaint. Provides that a party to the court proceeding is entitled to an expedited appeal of the court's final ruling under rules to be adopted by the supreme court.
HB1099 ANNEXATION OF NONCONTIGUOUS PROPERTY. (NIEMEYER R)
Allows a municipality to annex property that is not contiguous to the municipality and is occupied by a municipally owned or operated: (1) wastewater treatment facility; or (2) water treatment facility. Provides that if a municipality annexes such territory, the municipality may annex additional territory to enlarge the territory for the use of the wastewater treatment facility or water treatment facility only if the county legislative body approves that use of the additional territory by ordinance. Specifies that certain annexed territory may not be considered a part of the municipality for purposes of annexing additional territory and may not be considered a part of the corporate boundaries of the municipality for certain purposes under zoning laws.
HB1107 RECORDING OF HOMEOWNERS ASSOCIATION COVENANTS. (LEONARD D)
Lowers the number of different sections of lots of a land development, from 12 to five, that are required to record certain homeowners association covenants.
HB1134 POLITICAL ACTIVITY ON HOMEOWNERS ASSOCIATION PROPERTY. (VANDENBURGH R)
Provides that a homeowners association may not adopt or enforce a rule that prohibits, or has the effect of prohibiting: (1) a candidate; (2) an individual who holds an elected office; (3) the spouse of a candidate or individual who holds an elective office; or (4) a volunteer worker of a candidate or individual who holds an elected office; from entering onto homeowners association property.
HB1171 RECORDER'S RECORD PERPETUATION FUND. (HEUER K)
Provides that a county recorder may use the county recorder's records perpetuation fund for all or a portion of the expenses of the recorder's office under specified conditions, including approval by the county fiscal body.
HB1196 CONSTRUCTION MANAGERS AS CONSTRUCTORS. (TRUITT R)
Authorizes state educational institutions to employ construction managers as constructors for certain construction projects.
HB1199 RELEASE OF FERAL CATS. (LEHE D)
Provides that the prohibition against permitting domestic animals to run at large in a mobile home community does not apply to feral cats that are caught and released as part of a spay and neuter program designed to reduce the number of feral cats in the area.
HB1216 ZONING CHANGES AND ANNEXATION. (TRUITT R)
Allows a municipal legislative body that annexes real property subject to a commitment to modify or terminate the commitment after considering the recommendation of the municipal plan commission. Allows the legislative body of the annexing municipality to enforce a zoning commitment. Provides that a decision of the legislative body of the annexing municipality regarding modification or termination of a zoning commitment is a legislative act and is not subject to judicial review. Allows the legislative body of a municipality, after considering the recommendation of the municipal plan commission, to make zoning changes: (1) to an area that the municipality proposes to annex; and (2) that will take effect on or after the effective date of the annexation. Allows the board of zoning appeals (board) of the municipality to approve applications for variances, special exceptions, special uses, contingent uses, and conditional uses (applications) in an area that the municipality proposes to annex, if the board's approval of the application is effective on or after the effective date of the annexation. Provides that if the proposed annexation does not take place, any zoning changes adopted by the municipal legislative body and any applications approved by the board are void.
HB1301 FIRE AND BUILDING SAFETY ISSUES. (VANNATTER H)
Repeals the statute requiring the division of fire and building safety (division) to employ a state building law compliance officer. Creates the office of state building commissioner, who is appointed by the governor to serve: (1) at the pleasure of the governor; and (2) full time. Provides that the state building commissioner has the duties and responsibilities of the state building law compliance officer. Requires the state building commissioner to issue a written interpretation of a building law or fire safety law not later than 10 business days after the date of receiving a request. Provides that a design release may be issued without a plan review if: (1) the application for a design release is complete; and (2) the application for a design release is not selected for a plan review by the division. Establishes deadlines for the division to conduct plan reviews and provide notices. Provides that, with certain exceptions, if the division fails to provide notice or complete plan review within the time required by statute, a design release must be issued without further review. With regard to a plan review that is requested by an applicant, allows the division to: (1) contract with a person or entity to perform the plan review; and (2) charge a fee of not more than $5,000. Provides that if a plan review reveals one or more state building or fire code violations determined by the division to pose a substantial threat to the public health, safety, or welfare: (1) the division is required to notify: (A) the preparer of the plans; (B) the licensing agency of the preparer for possible disciplinary sanctions; and (C) the project owner or general contractor; and (2) the time limitations for plan review do not apply. Requires the division to maintain a single electronic file regarding each project for which a design release application is filed. Provides that a townhouse is a Class 2 structure (instead of a Class 1 structure) for purposes of the state fire, building, and equipment laws. Provides that a plan review may be limited to the corrections required by the division. Allows for an administrative hearing to be conducted to determine if action is appropriate when the results of a plan review reveal that an engineer or architect knowingly or recklessly submitted plans or specifications that are determined to pose a wanton and willful disregard for the public health, safety, or welfare. Prohibits a political subdivision from adopting an ordinance or other requirement after February 28, 2013, that would require a builder or remodeler to be licensed, certified, permitted, registered, or listed by the political subdivision as a condition to the builder or remodeler constructing or remodeling a residential dwelling. Provides that a political subdivision is not prohibited from licensing, permitting, or registering specific trades or issuing permits and approvals that regulate the use, planning, and development of property. Repeals a noncode provision that prohibits the regulation of builders and remodelers by political subdivisions. (This provision is currently set to expire July 1, 2015.)
HB1334 PRIVATE FIRE EXTINGUISHING RESOURCES. (FRYE R)
Provides that before causing a private fire extinguishing resource to be installed on the premises of a building, the owner shall provide advance written notice of the proposed installation to the water utility providing water service to the building. Provides that the notice must be hand delivered or sent by verified mail at least seven days before the date of the proposed installation. Provides that with respect to a building served by a private fire extinguishing resource installed before March 28, 2014, the owner shall provide written notice of the fact to the water utility providing water service to the building. Provides that the notice must be hand delivered or sent by verified mail not later than July 1, 2014. Provides that before terminating water service for: (1) nonpayment of outstanding fees or charges; or (2) another reason not related to an emergency; to a building served by a private fire extinguishing resource, a water utility shall provide advance written notice of the termination to the local fire department. Provides that the notice must be hand delivered or sent by verified mail at least seven days before the date of the proposed termination. Provides that if a water utility receives notice from a municipal sewer utility to discontinue water service to a building served by a private fire extinguishing resource: (1) the water utility, upon receipt of the notice, shall provide to the sewer utility ordering the termination a copy of the required notice provided to the local fire department; and (2) the 30 day statutory period by which the water utility must terminate the water service is tolled until after the date of the proposed termination set forth in the notice to the fire department. Provides that before terminating water service for: (1) nonpayment of outstanding fees or charges; or (2) another reason not related to an emergency; to a multitenant residential building, a water utility shall provide advance written notice of the proposed termination to the appropriate local board of health. Provides that the notice must be hand delivered or sent by verified mail at least seven days before the date of the proposed termination.
HB1342 ENVIRONMENTAL FEES AND EXPENSES. (WOLKINS D)
Provides that the hazardous waste disposal fee (which replaces the hazardous waste disposal tax), the fee on the disposal or incineration of solid waste, and the annual registration fee paid by owners of underground storage tanks shall be collected by the department of environmental management instead of the department of state revenue. Provides that 75% of the revenue from the hazardous waste disposal fee shall be deposited in the hazardous substance response fund and 25% shall be paid over to the county in which the hazardous waste is disposed of. Allows the commissioner of the department of environmental management, under certain circumstances, to authorize the modification of a restrictive covenant that the owner of a property contaminated with a hazardous substance has been required to execute and record. Provides for the administrative and personnel expenses incurred by the state in evaluating a proposed modification of a restrictive covenant to be paid from the hazardous substances response trust fund, and requires the environmental rules board to adopt rules providing for the recovery of those expenses by the state. Removes references to the solid waste management board, which was abolished on January 1, 2013.
HB1347 CIRCUIT COURT CLERK ADMINISTRATIVE MATTERS. (MAYFIELD P)
Requires that the clerk of the circuit court (clerk) or the county recorder (recorder) must be the secretary of the county commission of public records, as determined by: (1) mutual agreement of the clerk and the recorder; or (2) if a mutual agreement cannot be reached, an affirmative vote of the majority of the members of the commission. Allows the clerk to keep the lis pendens record, the execution docket, and the register of witness fees and court fees in electronic form if all information is available to the public to inspect or copy in the electronic form. Eliminates: (1) the requirement that the clerk attend court proceedings; and (2) the per diem paid the clerk or a deputy for attending court. Allows the clerk to retain an administrative fee of up to $3 from any excess amount of fine, penalty, fee, or bail collected and refunded by the clerk. Requires the cost of: (1) an initial mailing of a document by certified or registered mail to be paid out of court costs and fees; and (2) any additional certified or registered mailings to be paid by the person requesting the additional mailings.
HB1361 PUBLIC WORKS PROJECTS. (MORRISON A)
Amends the public works statute applicable to state universities so that contracts for small projects of a state university can be performed under a quotation procedure rather than a bid procedure.
HB1403 REGULATION OF RESIDENTIAL RENTAL PROPERTY. (MCMILLIN J)
Provides that the owner of a rental unit assessed any fee by a political subdivision pertaining to the rental unit may: (1) notify the tenants of the rental unit of the assessment of the fee; and (2) require the tenants of the rental unit to reimburse the owner for the payment of the fee. (Current law refers to "inspection, registration, or other fee".) Provides that any fee assessed and collected by a political subdivision pertaining exclusively to a rental unit or rental unit community must be maintained in a special fund dedicated solely to reimbursing the costs actually incurred by the political subdivision relating to the imposition and amount of the fee. Provides that a political subdivision may require a rental unit's owner or landlord to obtain a permit only if: (1) a fee is not being charged for such a permit; (2) a permit does not expire but a political subdivision may require a new owner of a rental unit property to obtain a permit; and (3) only one permit is required for a rental unit community. Provides that a political subdivision may adopt a program for inspecting rental units, but that the political subdivision may not inspect a rental unit or impose a fee pertaining to a rental unit: (1) that is managed by a professional real estate manager; (2) if the rental unit has been inspected during the previous 12 months by an inspector with specified qualifications; and (3) the rental unit is safe and habitable with respect to specified systems. Provides that a political subdivision may inspect any rental unit upon receipt of a claim that the rental unit does not comply with applicable code requirements. Provides that a political subdivision may impose a penalty for an act or omission that is a nuisance or a violation of the political subdivision's enforceable ordinances or codes, subject to certain conditions. Provides that a political subdivision may require inspection of rental units if the inspections are done by inspectors with specified qualifications. Provides that a political subdivision may assess an annual registration fee. Repeals superseded statutes relating to local regulation of residential landlord and tenant relations.
SB28 ALCOHOL CONSUMPTION BY A MINOR. (MILLER P)
Makes it a Class B misdemeanor for a person to recklessly, knowingly, or intentionally: (1) rent property; or (2) provide or arrange for the use of property; for the purpose of allowing or enabling a minor to consume an alcoholic beverage on the property. Makes this offense a: (1) Class A misdemeanor if the person has a prior unrelated conviction; and (2) Level 6 felony if the consumption, ingestion, or use of the alcoholic beverage is the proximate cause of the serious bodily injury or death of any person. Provides immunity from civil liability on a postsecondary educational institution or its agents under certain conditions.
SB41 PROPERTY TRANSFER. (STEELE B)
Specifies the appraisal procedure to be used when selling property at auction in a partition action, and provides that the parties may waive appraisal and valuation. Permits any person with an interest in property being sold at a sheriff's sale in a partition action to request that the court order the sale be conducted by an auctioneer. Makes a technical correction. Provides that a person may claim title by adverse possession without having paid property taxes and special assessments due on the property if the person is a governmental entity or other person exempt from the payment of property taxes and special assessments.
SB53 MUNICIPAL SEWER BILLS. (ZAKAS J)
Provides that for purposes of the statutes governing municipal sewage works, the municipal legislative body may adopt an ordinance to provide for one or more of the following with respect to property occupied by someone other than the owner of the property: (1) That sewer fees for the property are payable by the person occupying the property. (2) That sewer fees for the property are payable by the person occupying the property only if the property owner or the person occupying the property gives the municipal sewer utility written notice that indicates, or the utility's records for the property otherwise indicate, that the person occupying the property is responsible for paying the fees. (3) That sewer fees for the property do not constitute a lien against the property, subject to certain requirements or conditions that the municipal legislative body may set forth in the ordinance. Makes conforming amendments to provisions setting forth the manner in which municipal sewer liens attach and are enforced. Amends provisions requiring notice of fee delinquencies to the property owner to specify: (1) the address to which the notice must be sent; and (2) the municipal utility's obligation to provide the notice.
SB118 REDEVELOPMENT COMMISSIONS AND AUTHORITIES. (MILLER P)
Provides that a redevelopment commission may not enter into any obligation payable from public funds without first obtaining the approval of the legislative or fiscal body of the unit that established the commission. Provides an exception if the obligation is for the acquisition of real property and the payments are for three years or less or the purchase price is less than $5,000,000. Specifies that the approving ordinance or resolution must include certain items. Provides that a redevelopment commission and a department of redevelopment are subject to oversight by the legislative body of the unit, including review by the legislative body of annual budgets. Specifies that a redevelopment commission and a department of redevelopment are subject to the same laws, rules, and ordinances of a general nature that apply to all other commissions or departments of the unit. Specifies that a redevelopment commission, a department of redevelopment, and a redevelopment authority are subject to audit by the state board of accounts and covered by the public meetings and public records laws. Requires a redevelopment commission to provide to the legislative body of the unit at a public meeting all the information supporting the action the redevelopment commission proposes to take regarding the sale, transfer, or other disposition of property. Provides that if the amount of excess assessed value determined by the commission is expected to generate more than 200% of the amount of allocated tax proceeds necessary to carry out the commission's plan, a determination of the amount of the excess available to other taxing units by the commission must be approved by the legislative body of the unit. Permits the legislative body of the unit to modify the commission's determination with respect to the amount of excess assessed value. Requires the treasurer of a redevelopment commission outside Indianapolis and the secretary-treasurer of a redevelopment authority outside Indianapolis to report quarterly to the fiscal officer of the unit that established the commission or authority. Provides that the Indianapolis controller is the fiscal officer of the redevelopment commission and redevelopment authority in Indianapolis. Authorizes the Indianapolis controller to obtain financial services on a contractual basis. Prohibits a redevelopment commission, authority, or department, or a designee holding company from owning, leasing, or holding a single family dwelling or condominium unit that is leased for purposes of leasing for the use by individuals as a dwelling. Provides that if a redevelopment commission member or adviser or a redevelopment authority board member owns, directly or indirectly, more than 10% of a business entity, the individual is considered an owner of that business entity for purposes of determining whether the member or adviser has a pecuniary interest in a proposed contract, employment, purchase, or sale. Requires the department of local government finance, with the assistance of the state board of accounts, to prepare a report on redevelopment by redevelopment commissions, authorities, and departments and to submit and present the report to the commission on state tax and financing policy during the 2014 legislative interim. Eliminates the power of a commission to acquire property by eminent domain after June 30, 2014. Requires legislative body approval of any amendment of a plan or of a resolution establishing an allocation area. Provides, in the case of an allocation area that was initially established before July 1, 1995, that the expiration date of any allocation provisions for the allocation area is June 30, 2025, or the last date of any obligations outstanding on July 1, 2014, whichever is later. Provides that after June 30, 2014, a project involving telecommunication equipment, such as fiber optic cabling and related equipment, may not be included as part of the assessed value in an area.
SB156 REDEVELOPMENT COMMISSIONS. (HEAD R)
Provides that a redevelopment commission may, subject to prior approval by the unit's fiscal body, provide financial assistance to the owner of commercial property within a redevelopment project area or economic development area designated by the redevelopment commission to assist the owner in constructing, rehabilitating, or repairing the commercial property. Provides that the additional authority for a redevelopment commission to provide such financial assistance expires July 1, 2019. Specifies that the fiscal body of the unit that established the redevelopment commission must separately approve each grant, loan, or other expenditure for such financial assistance. Provides that the terms of any loan made under the provisions in the bill may be changed only if the change is approved by the fiscal body of the unit that established the redevelopment commission. Specifies that these provisions do not apply to Clark County or to a redevelopment commission in Clark County. Specifies the procedure for fiscal body approval under these provisions in the case of a redevelopment commission that was jointly established by more than one unit.
SB174 MARION COUNTY ZONING. (MILLER P)
Provides that a proposal to rezone property (by changing the zoning maps) shall be certified to the Marion County city-county council by the metropolitan development commission regardless of whether the proposal receives a favorable recommendation, an unfavorable recommendation, or no recommendation from the metropolitan development commission. Specifies that the provisions concerning approval of rezoning by the city-county council apply regardless of whether there is a favorable recommendation, an unfavorable recommendation, or no recommendation from the metropolitan development commission. (Under current law, the provisions concerning approval by the city-county council of rezoning proposals apply only if the proposal receives a favorable recommendation.) Specifies that the legislative body member in whose district the parcel of real property under consideration is located may submit a request to the president of the legislative body that the proposal be considered. Allows a member of the Indianapolis-Marion County city-county council in whose district the parcel of real property under consideration is located to appeal any decision of a board of zoning appeals approving, denying, or otherwise concerning a use variance (other than a decision affecting real property within the boundaries of an excluded city). Requires the metropolitan development commission to give strong consideration to the first continuance of an appeals hearing that is filed by a member of the city-county council.
SB208 UNCLAIMED PROPERTY. (WALKER G)
Allows the attorney general to withhold from disclosure certain personal information contained in a report or claim for unclaimed property. Requires unclaimed property held in a safe deposit box to be delivered to the attorney general not later than 30 days after the property is reported to the attorney general. (Current law prohibits the property from being delivered to the attorney general until 120 days after the property is reported.) Corrects an internal reference.
SB212 STUDY OF STANDARDS FOR SEPTIC SYSTEMS. (STOOPS M)
Urges the legislative council to assign to the appropriate committee for study during the 2014 legislative interim the topics of: (1) statewide standards for sewage disposal systems, including septic tanks and related facilities and devices; and (2) sewage disposal systems using alternative technologies that offer performance superior to that of traditional sewage disposal systems.
SB217 UNDERGROUND TANK FEE AND DRAINAGE ONSITE REVIEWS. (CHARBONNEAU E) Provides that if an underground storage tank consists of a single tank in which there are separate compartments, a separate annual registration fee shall be paid for each compartment within the single tank. Requires the owner of an underground storage tank to pay an annual registration fee for a calendar year if the underground storage tank is not closed before January 1 of that year. Requires the department of environmental management (instead of the department of state revenue) to collect the annual registration fee. Provides that: (1) for purposes of determining eligibility for payment of a tank owner's liability from the underground petroleum storage tank excess liability trust fund, only registration fees paid in 1991 or later shall be considered; (2) for the period preceding July 1, 2014, the payment of a single annual fee of $90 for a tank containing separate compartments shall be deemed to satisfy the annual fee requirements; and (3) IDEM is not required to pay any refunds to a tank owner that, before July 1, 2014, paid a separate registration fee for each compartment within a tank. Provides that a county surveyor planning to perform a regulated drain reconstruction or maintenance project shall request a review of the project but is not required to request an onsite field review.
SB221 RENTAL PURCHASE AGREEMENTS. (HOLDMAN T)
Provides that a lessor that leases property under rental purchase agreements may, subject to certain conditions, offer for sale to members of the general public at the location where the lessor enters into rental purchase agreements: (1) property and services that were or may be the subject of a rental purchase agreement; and (2) property or services that are unrelated or only partially or indirectly related to the lessor's rental purchase agreement business.
SB266 ASSESSMENT OF REAL PROPERTY. (SCHNEIDER S) Provides a limit on the amount by which the assessed value of real property may be increased for the four assessment dates after the assessed value of the real property is determined in a property tax appeal, in the case of appeals initiated after the effective date of the statute. In the case of a property tax appeal that is pending on the effective date of the statute and that was filed within the preceding four years, the assessed value for the assessment date in question and for each of the following three assessment dates, may not be increased by more than a specified amount. Specifies that these limits do not apply to any part of a change in an assessment: (1) that is directly applicable to any change in the use of the property or in an objective factor or feature relating to the property, including an improvement or enlargement of the property; or (2) that results from the correction of an error or omission, including the correction of a mathematical error.
SB273 APPROVAL OF ANNEXATION AGREEMENTS. (BUCK J)
Establishes requirements for an agreement executed and recorded after June 30, 2014, between a municipality and owners of real property, if all or part of the consideration for the agreement is that the owners agree to the annexation of their property or agree not to remonstrate or withdraw a remonstrance against an annexation by the municipality. Specifies that an annexation remonstrance may specify the persons who have been appointed by the remonstrators for purposes of signing agreements on behalf of the remonstrators. Provides that an agreement subject to the provisions in the bill must be signed by at least two representatives of the property owners, including at least one representative who: (1) is appointed from among the owners of real property who are parties to the agreement; and (2) is named as a representative in the remonstrance or in another petition or motion filed with the court. Requires that the date the signature was made must be written next to the signature. Requires that the agreement must be recorded with the county recorder of the county where the municipality is located after the agreement is executed and if a remonstrance has been filed, after the agreement has been approved by the court. Specifies that the provisions in the bill do not apply to a contract entered into by a municipal works board and a property owner concerning sewer construction and installation.
SB308 SPORTS AND CONVENTION DEVELOPMENT AREAS. (WYSS T)
Allows a professional sports development area (PSDA) in Allen County to be amended after April 30, 2014, and before January 1, 2015. Provides that a PSDA in Allen County must terminate before the later of January 1, 2028, or (if the designating body takes final action on the financing before January 1, 2015) a date agreed to jointly by the budget agency and the designating body that established the tax area. Specifies that the expiration date may not be later than 25 years after the debt to finance the facility or proposed facility is issued, and that the budget agency must approve the final financing for the facility or proposed facility.
SB329 HOME INSPECTIONS. (ARNOLD J)
Requires attic spaces, and basements or crawl spaces to be inspected during a home inspection.
SB334 MORTGAGE LENDING. (WALKER G)
Provides that a federal savings bank that is exempt from the Indiana statute concerning the licensing of creditors in first lien mortgage transactions may voluntarily register with the department of financial institutions (department) for the purpose of sponsoring, under an exclusive written agreement, licensed mortgage loan originators as independent agents if the federal savings bank does the following: (1) Assumes responsibility for and reasonably supervises the activities of the licensed mortgage loan originators. (2) Complies with certain requirements under the statute concerning: (A) registering with the Nationwide Mortgage Licensing System and Registry (NMLSR); (B) maintaining a surety bond; (C) submitting reports to the NMLSR; and (D) filing financial statements with the department. (3) Cooperates with the department, and provides access to records and documents, as required by the department to examine the activities of the licensed mortgage loan originators. (4) Agrees to comply as the director of the department determines necessary to ensure that the activities of the licensed mortgage loan originators comply with specified federal law and with Indiana law. Makes conforming amendments to similar provisions in the Uniform Consumer Credit Code concerning the licensing of creditors in subordinate lien mortgage transactions.
SB393 STUDY OF COLLATERAL RECOVERY AGENCIES. (TOMES J)
Urges the legislative council to assign to a study committee during the 2014 legislative interim the topic of the statutory changes contained in SB 393-2014, as introduced, concerning regulation of collateral recovery agencies that engage in the business of locating, recovering, or repossessing collateral on behalf of the legal owner of the collateral.
SB405 UNDERGROUND UTILITY FACILITIES. (YODER C)
Amends the statute concerning the location and protection of underground utility facilities (facilities) during excavation or demolition activities to require, with respect to an excavation or demolition in an unincorporated area, the excavator to submit a separate locate request and notice of the excavation or demolition (notice) to the Indiana Underground Plant Protection Service (association) for at least every 2,640 linear feet (versus every 2,500 linear feet under current law) of proposed excavation or demolition. Provides that a notice expires 20 days after the date the notice is submitted to the association. Provides that if, at the conclusion of the 20 day period, any part of the excavation or demolition is not complete at any part of the site for which the original notice was submitted, the excavator may not continue or resume the excavation or demolition until: (1) the excavator submits to the association a new locate request and notice for that part of the site for which the excavation or demolition is not complete; and (2) each affected utility operator (operator) provides facility locate markings for that part of the site for which the new locate request and notice are submitted. Provides that if an operator receiving notice of a proposed excavation determines that the operator is unable to: (1) locate and mark the operator's affected facilities not later than the expiration of the statute's mandated two-day period for doing so; or (2) mark the approximate location of the operator's affected facilities; the operator shall notify the excavator and provide additional information and, if requested, onsite assistance to the excavator. Provides that mechanized equipment may not be used to perform an excavation within two feet of either side of the outer limits of a facility unless the excavator meets certain conditions. Provides that mechanized equipment may be used for the initial penetration and removal of pavement or other manmade hard surfaces if certain conditions are met. Urges the legislative council to assign to a study committee during the 2014 legislative interim the topic of the technology used to determine the elevation or depth, or both, of facilities subject to the statute. Provides that if a committee is assigned this topic for study, the committee shall not later than November 1, 2014, report its findings and recommendations to the legislative council and the governor. Makes technical changes.
SB409 RECORDING NOTICES CONCERNING TAXES AND PROPERTY. (ZAKAS J)
Requires a county auditor to place a notation on the tax duplicate when the county auditor determines that property is no longer eligible for a standard deduction and indicates that a bona fide purchaser of the property is not liable for taxes and penalties that accrue before the notation is made as a result of the removal of the deduction. Indicates that certain defects in a lease recorded with the county recorder do not invalidate the effect of recording the lease.
SB422 ABANDONED HOUSING. (MERRITT J)
Requires the attorney general to establish and maintain a tax sale blight registry of all persons ineligible to participate in the tax sale. Provides that properties certified as vacant or abandoned may be sold outright at the tax sale. Reduces the interest rate for payments in excess of a minimum bid from 10% to 5%. Provides that the notice to a record owner of property must occur six months, instead of nine months, after the date of the tax sale. Requires a county, city, or town to obtain a judgment that a parcel of real property is vacant or abandoned before a certification can be made to the county auditor for tax sales purposes. Provides that the local unit certifying real property as vacant or abandoned is liable for any damages if the property is later determined to not be vacant or abandoned. Provides for a 120 day pretax sale period of redemption for real property certified as vacant or abandoned. Reduces the period from six to three months when a tax sale purchaser may petition the court for a judgment directing the county auditor to issue a tax deed if the real property is not redeemed from the sale. Requires, for tax deeds executed for real property sold at a tax sale, that the county auditor submit the tax deed directly to the county recorder for recording and charge the tax sale purchaser the appropriate recording fee. Permits the county auditor to be the only signer of a sales disclosure form when a tax sale purchaser refuses to sign the form. Adds the term "blighted" in determining whether a building is an unsafe building. Prohibits foreign business associations that have not registered with the secretary of state from participating in the tax sale. Requires persons who purchase a property or certificate at a tax sale to reimburse the county for the costs of a title search. Permits a county to establish a paddle fee for persons who attend the tax sale. Requires the sheriff to notify the owner of a foreclosed property being sold at auction if the sale is canceled.