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Bill Watch, March 4, 2014: Current Real Estate & Land Use Legislation of Note - Real Estate and Land Use News

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Real Estate and Land Use News


Posted on: Mar 6, 2014

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 mindy.westrick@faegrebd.com.

Click here to view the full Bill Watch reports.

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.

Current Status: 2/25/2014 - Returned to 1st House No Amendments

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.

Current Status: 2/25/2014 - Returned to the House without amendments

HB1099 ANNEXATION OF NONCONTIGUOUS PROPERTY (NIEMEYER R)
Allows a municipality to annex property that is not contiguous to the municipality and is occupied by: (1) a municipally owned or operated wastewater treatment facility or water treatment facility; or (2) a police station of the municipality. 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. Provides that certain municipalities may appeal an annexation on the basis that the annexed territory is not contiguous to the annexing municipality. 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.

Current Status: 3/4/2014 - Concurrences Eligible for Action

HB1107 RECORDING OF HOMEOWNERS ASSOCIATION COVENANTS (LEONARD D)
Lowers the number of different sections of lots of a land development, from 12 to two, that are required to record certain homeowners association covenants.

Current Status: 3/4/2014 - House Concurred with Senate Amendments Concurred (Y: 87, N: 1)

HB1134 POLITICAL ACTIVITY ON HOMEOWNERS ASSOCIATION PROPERTY (VANDENBURGH R)
Provides that a homeowners association may not adopt or enforce a rule or covenant 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 for purposes of conducting political activity.

Current Status: 3/4/2014 - Concurrences Eligible for Action

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.

Current Status: 3/4/2014 - Concurrences Eligible for Action

HB1196 CONSTRUCTION MANAGERS AS CONSTRUCTORS (TRUITT R)
Authorizes public agencies to employ construction managers as constructors for certain construction projects. Provides that the statute expires July 1, 2019.

Current Status: 3/4/2014 - House dissented from Senate Amendments

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.

Current Status: 3/4/2014 - House Bills on Third Reading

HB1216 ZONING COMMITMENTS AND ANNEXATION (TRUITT R)
Allows a municipal legislative body that annexes real property subject to a zoning commitment to modify, terminate, or enforce the commitment after the annexation takes effect. Provides that the legislative body of a unit may modify or terminate a commitment if the commitment is part of a rezoning proposal being considered by the legislative body. Provides that a decision of the legislative body regarding modification or termination of a zoning commitment is a legislative act and is not subject to judicial review.

Current Status: 3/4/2014 - House dissented from Senate Amendments

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. 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. Requires the fire prevention and building safety to established objective criteria for certifying the competency of a city, town, or county (unit) to perform plan reviews. 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. Establishes deadlines for local units to conduct local plan reviews and provide notices. 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.)

Current Status: 3/4/2014 - House Bills on Third Reading

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.

Current Status: 2/4/2014 - Referred to Senate Utilities

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. Provides that: (1) 50% of the registration fees paid in connection with underground petroleum storage tanks and deposited in the petroleum trust fund shall be used to pay for corrective actions that involve releases of regulated substances from underground storage tanks that are not eligible to receive funds from the underground petroleum storage tank excess liability trust; and (2) not more than 11% of the funds expended for the corrective actions may be used to pay for administrative and personnel expenses incurred in carrying out the corrective actions. 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.

Current Status: 2/27/2014 - Returned to the House with amendments

HB1347 COURT 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. Provides that a circuit court judgment docket must contain: (1) all civil judgments in which one party owes money to another party; and (2) any entry that is required by a statute. Provides that a judgment docket may not include: (1) judgments in which money is owed by a person to a state, a county, or another governmental entity as a result of a criminal conviction or a violation of an infraction or ordinance; or (2) except for cases in which the state obtains a judgment for unpaid taxes, judgments in which a governmental entity is the sole creditor. Allows a clerk of a circuit court to keep a judgment docket in: (1) an electronic format; (2) a paper format; or (3) both an electronic and a paper format. Provides that the judgment docket shall be made available for public inspection at the office of the clerk during regular office hours. Provides that, if the wages of a judgment debtor are being garnished: (1) a clerk is not required to notify the employer of the judgment debtor to suspend the garnishment after the judgment is satisfied; and (2) a request to suspend the garnishment must be submitted by the judgment debtor to the court that rendered the judgment. Requires the judges of all the Marion County township small claims courts to select from among themselves a small claims administrative judge to carry out certain duties currently performed by the Marion circuit court judge, including adopting uniform rules for conducting the business of the small claims courts. Allows a vacationing small claims court judge instead of the Marion circuit court judge to authorize the appointment of a judge pro tempore to handle the judicial business of the small claims court. Makes changes to the maximum part of the aggregate disposable earnings of an individual for any workweek that is subjected to garnishment to enforce the payment of any judgments against the individual. If a judgment debtor has failed to comply with an agreed order in the action, requires a court to order: (1) any property, income, or profits of a judgment debtor not exempt from execution or process or any debt due to the judgment debtor to be applied to the satisfaction of the judgment and forbid transfers of property and choses in action; and (2) that the judgment or execution is a continuing lien upon the income or profits of the judgment debtor in the hands either of the judgment debtor or any other person from the date the order is served upon the person indebted to the judgment debtor to the extent that the lien, together with all similar liens, is allowed by law. Provides that: (1) if a court has issued a garnishment order to a third party (such as an employer) that provides income to a judgment debtor; (2) the garnishment order no longer applies to the third party due to a change in circumstances, including a change in employment; and (3) the judgment creditor files a petition describing the changed circumstances and providing contact information for a new third party who employs or otherwise provides income for a judgment debtor; the court may, without holding a hearing, cancel the first garnishment order and issue a new garnishment order to the new third party. Urges the legislative council to assign the topic of small claims court administration to an interim study committee.

Current Status: 3/4/2014 - House Bills on Third Reading

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. Increases dollar thresholds for state educational institution capital projects. Provides that the commission for higher education may authorize Ball State University to pay project costs for the construction and renovation of health and basic sciences facilities, including Cooper Science, and that these costs may be reimbursed by the state, if the project is recommended by the commission for higher education to the general assembly. Modifies the per campus limits on the amount of outstanding bonds that a state educational institution may issue for qualified energy savings contracts. Provides that a project that causes a state educational institution to have outstanding debt for projects of more than $15 million must produce operating savings in the first eight years that are at least equal to the initial debt for the project. Specifies that refunding bonds supported by fee replacement appropriations must be approved by the budget agency and must result in a savings as set forth in a finding by the board of trustees of the state educational institution. Specifies that refunding bonds may not have a longer term than the outstanding bonds to be refunded.

Current Status: 3/4/2014 - House dissented from Senate Amendments

HB1385 SELF-SERVICE STORAGE FACILITIES (SPEEDY M)
Allows the owner of a self-storage facility to send a notice of default by verified mail or electronic mail. Provides that if: (1) the renter's stored property is a motor vehicle or watercraft; and (2) the renter does not pay an amount in default within 30 days after the owner's notice of the default; as an alternative to conducting a sale of the property, the owner may cause the renter's property to be towed or removed from the facility. Provides that in conducting a sale to enforce a lien under the statute, the owner, as an alternative to advertising the sale by publication in a newspaper, may advertise the sale in another commercially reasonable manner that is likely to attract at least three independent bidders to the sale. Provides that a sale to enforce a lien under the statute may be conducted through a publicly accessible Internet web site. Provides that: (1) a rental agreement may specify a limit on the value of personal property that may be stored in a rented space; and (2) if a rental agreement specifies such a limit, the limit specified is considered the maximum value of the renter's stored property.

Current Status: 3/4/2014 - House Bills on Third Reading

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".) Requires fees regarding rental units and rental communities to be deposited in a dedicated fund to for reimbursement of costs actually incurred by the political subdivision relating to the imposition and amount of the fee. Restricts the circumstances and conditions in which a political subdivision may require a rental unit's owner or landlord to obtain a permit. Allows an owner of a rental unit to obtain an exemption from a political subdivision's inspection and inspection fee requirements if the rental unit satisfies certain requirements. Allows a political subdivision to impose a penalty for an act constituting a nuisance or ordinance violation. Allows a successful county, city, or town or a successful defendant to recover attorney's fees incurred in a nuisance action. Provides that a political subdivision may assess an annual registration fee. Repeals superseded statutes relating to local regulation of residential landlord and tenant relations.

Current Status: 3/4/2014 - House Bills on Third Reading

SB53 MUNICIPAL SEWER BILLS AND UTILITIES (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. For purposes of the statutes governing municipal storm water works and municipal sewage works, amends provisions requiring notice of fee delinquencies to the owner of tenant-occupied property to provide that the notice of the delinquency must be sent to the owner: (1) regardless of whether the owner has provided an address to which the notice must be sent; and (2) at the last address of the owner as indicated in the records of the county auditor, or to another address specified by the owner, in a written notice to the municipal storm water department or sewer utility, at which the owner requests to receive a notice of delinquency. Provides that for purposes of the provision that allows a municipality owning a municipal sewage works to adopt an ordinance to provide that sewer fees for tenant-occupied property are payable by the tenant only if the property owner or the tenant gives the municipal sewer utility written notice that indicates, or the utility's records for the property otherwise indicate, that the tenant is responsible for paying the fees, a document (rather than a rental agreement, a lease, or a contract) that includes certain information qualifies for purposes of the required notice. Provides that, in a situation in which a municipal utility is providing services to properties located outside the municipality under contracts that provide for the owners of the properties to make payments in lieu of annexation, if the contracts expire, the municipal utility may not terminate services to the properties and, as a condition of continuing to receive services, the owners of the properties must continue paying the rate for the services provided for in the expired contracts, for two years or until: (1) the municipal utility and the owners of the properties enter into new contracts; (2) the area in which the properties are located is annexed into the municipality; or (3) the matter is submitted to arbitration. Specifies that, in an arbitration proceeding, the award made by the arbitrator must establish reasonable and just terms of a new contract between the municipal utility and the owners of the properties, considering all relevant factors, and that if either party fails or refuses to enter into a new contract according to the terms of the arbitration award, the other party may commence legal action to enforce the award.

Current Status: 2/25/2014 - Returned to the Senate with amendments

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 annually to the fiscal body 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 redevelopment commissions and certain other redevelopment entities 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. 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. Provides that the power of eminent domain for redevelopment purposes belongs to the legislative body in counties other than Marion County. Requires legislative body approval of any amendment of a plan or of a resolution establishing an allocation area. Requires a declaratory resolution or amendment that establishes an allocation provision to include a specific finding of fact that the adoption of the allocation provision will result in new property taxes in the area that would not have been generated but for the adoption of the allocation provision. 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, 2015, whichever is later. Provides that the consolidated allocation area in downtown Indianapolis is exempt from the expiration date.

Current Status: 3/3/2014 - Returned to the Senate with amendments

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.

Current Status: 2/24/2014 - Returned to the Senate without amendments

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.) Provides that an owner of interest bearing property is entitled to receive interest that accrues after the date the property is delivered to the attorney general. Corrects an internal reference.

Current Status: 3/4/2014 - Concurrences Eligible for Action

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.

Current Status: 2/20/2014 - Returned to the Senate without amendments

SB266 ASSESSMENT OF REAL PROPERTY (SCHNEIDER S)
Consolidates provisions relating to the burden of proof concerning assessments into one section of the Indiana Code (and repeals the existing provision that is moved to another citation in the Indiana Code). Specifies that if the assessed value of real property is increased above the amount of the assessed value as reduced by any assessing official or reviewing authority, the assessing official making the assessment has the burden of proving that the assessment is correct. (Under current law, this burden of proof applies only if the assessed value was reduced by the property tax assessment board of appeals.) Amends the existing law concerning the assessor's burden of proof when an assessment is increased by more than 5% over the prior tax year by specifying the following: (1) In calculating the change in the assessment, the assessment to be used for the prior tax year is the original assessment for that prior tax year or, if applicable, the assessment for that prior tax year as last corrected by an assessing official, as stipulated or settled by the taxpayer and the assessing official, or as determined by the reviewing authority. (2) If the assessor fails to meet the burden of proof, the burden of proof shifts to the taxpayer to prove the correct assessment. (3) If neither the assessor nor the taxpayer meets these burdens of proof, the assessment reverts to the assessment for the prior tax year. (4) These provisions concerning the burden of proof do not apply to an assessment that is based on improvements, zoning, or uses that were not considered in the assessment for the prior tax year. Requires the Indiana board of tax review to estimate the number of additional personnel and the amount of additional operating funds necessary to dispose of all appeals that have been pending with the Indiana board for at least 12 months as of December 1, 2014. Requires the Indiana board of tax review to submit the estimates to the legislative council before January 1, 2015.

Current Status: 3/4/2014 - Concurrences Eligible for Action

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. Amends a provision that allows 100% of owners of land to file a petition requesting annexation as follows: (1) Allows owners of noncontiguous property to petition for annexation. (2) Removes the requirement that the landowners reside within the annexation territory. With certain exceptions, places a moratorium on annexations from April 1, 2014, to July 1, 2015. Requires a court with regard to a remonstrance filed after March 31, 2014, and before July 1, 2015, to award attorney's fees and expenses to the signers of the remonstrance. Urges the legislative council to assign annexation topics to an interim committee for study during the 2014 legislative interim.

Current Status: 3/3/2014 - Returned to the Senate with amendments

SB308 SPORTS AND CONVENTION DEVELOPMENT AREAS (WYSS T)
Provides that authority for the 10% rate for the Marion County admissions tax is extended through 2044 (rather than through February of 2023). Extends the period in current law under which the Marion County admissions tax applies to all events at a covered facility (rather than applying only to professional sporting events). Provides that the Marion County professional sports development area (PSDA) may be changed to include the site or future site of a facility or complex of facilities that includes a soccer stadium, subject to certain conditions imposed upon the metropolitan development commission and the owner of the soccer franchise that would be the primary tenant of a soccer stadium. Allows an additional $2,000,000 of state revenue to be captured each year, for 30 years, from the area added to the PSDA to include a soccer stadium. Provides, however, that this amount of additional state revenue that may be captured is reduced each year by the amount of admissions tax revenue received from events held at the facility or complex of facilities that includes a soccer stadium. Requires the capital improvement board to set employment opportunity goals for the construction of the facility or complex of facilities. Allows a 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.

Current Status: 3/3/2014 - Senate dissented from House amendments

SB329 HOME INSPECTIONS (ARNOLD J)
Requires attic spaces, and basements or crawl spaces to be inspected during a home inspection. Provides that a home inspection report must include a statement that the home inspector has checked for the existence of a carbon monoxide detector. If no carbon monoxide detector is present, the home inspection report must include consumer information pertaining to the installation of carbon monoxide detectors.

Current Status: 3/4/2014 - Representative Hale added as advisor

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. Provides that a licensed loan originator sponsored by a federal savings bank under the provisions must: (1) hold a valid insurance producer license; and (2) sell, solicit, or negotiate insurance exclusively for a licensed insurance company that is a subsidiary of the federal savings bank's parent company. Makes conforming amendments to similar provisions in the Uniform Consumer Credit Code concerning the licensing of creditors in subordinate lien mortgage transactions.

Current Status: 3/4/2014 - Concurrences Eligible for Action

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.

Current Status: 2/18/2014 - Returned to the Senate without amendment

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 topics of underground facilities generally and 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.

Current Status: 3/4/2014 - Concurrences Eligible for Action

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%. Lowers the interest rate for refunds on certain tax sales from 6% 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 the executive of 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. 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. Specifies that a property tax penalty for property sold by a county executive through a certificate of sale procedure is to be removed from the tax duplicate if the penalty is associated with a delinquency that was not due until after the date of the original tax sale but is due before the issuance of the certificate of sale by the county executive. 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. Adds the term "blighted" in determining whether a building is an unsafe building. Requires a business entity that seeks to register to bid at a tax sale to provide a certificate from the secretary of state to the county treasurer. 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.

Current Status: 3/3/2014 - Returned to the Senate with amendments



















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