The IndyBar Legislative Committee is currently monitoring the following real estate 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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EDUCATION MATTERS. (JORDAN J) Provides that the state board of education (state board) shall determine the timing, frequency, and method of certain teacher training requirements, including whether the training should be required for purposes of obtaining or renewing a license or as part of the completion requirements for a teacher preparation program. Provides that the state board may grant an application by a school or group of schools that request to waive compliance with certain statutes or rules. Requires the department of education to annually compile compliance waiver submissions and provide a report summarizing the waivers to the general assembly. Provides that 15 of the total number of professional growth experience points required to renew a practitioner license or accomplished practitioner license may be obtained through the completion of an externship with a company or professional development with a local business. (Current law provides that 15 professional growth points required to renew a practitioner license or accomplished practitioner license must be obtained through the completion of an externship with a company or professional development with a local business.) Eliminates the requirement that an annual performance report for a school corporation must be published in a newspaper. Provides that a high school may replace certain high school courses on the high school transcript with alternative courses in science, technology, engineering, or mathematics (STEM) in order to satisfy an Indiana diploma with a Core 40 with academic honors designation or another designation requirement. Makes conforming amendments.
PLAN COMMISSIONS. (SAUNDERS T) Provides that, for purposes of the advisory planning law, the county surveyor's designee must be a resident of the county to serve on the county plan commission. Provides that a member appointed to a plan commission to fill a vacancy or to serve as an alternate member must meet the same requirements, including residency requirements, as a regular member of the plan commission.
TOWNSHIP ASSESSORS. (ENGLEMAN K) Abolishes the office of township assessor, effective January 1, 2023. Transfers the duties of the township assessor to the county assessor of the county in which the township is located. Provides that if the office of township assessor becomes vacant before January 1, 2023, the office is abolished and the duties of the township assessor are transferred to the county assessor.
LOW HEAD DAMS. (MANNING E) Requires the natural resources commission to establish a roster of low head dams in the state that are capable of creating hazardous currents that pose safety issues. Establishes requirements concerning low head dams for the department of natural resources (department) and owners of low head dams. Except for purposes of an inspection, maintenance, or removal, prohibits a person from accessing a low head dam. Prohibits wading, boating, swimming, or accessing the waters within 100 feet of a low head dam when warning signs are present. Provides that the state is not liable for any death or injury that occurs on or resulting from a low head dam that is not owned by the state. Provides for a penalty for violations. Requires the department to prepare a report that includes recommendations concerning the creation of a low head dam removal program and any recommendations concerning low head dam safety legislation.
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.
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.
REGIONAL REDEVELOPMENT. (MAY C) Provides that a public instrumentality or a public corporate body authorized by state law may enter into an interlocal agreement. Allows two or more eligible units to establish a land bank jointly by entering into an interlocal agreement.
TARGET SHOOTING. (TOMES J) Provides that a person who goes to a shooting range that: (1) is certified by a nationally recognized shooting organization; and (2) posts and maintains signage concerning liability; for the purpose of target shooting does not have an assurance that the premises is safe for that purpose.
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.
FRAUD CONSOLIDATION. (YOUNG M) Repeals and consolidates various fraud, deception, and mischief offenses. Defines "financial institution" for purposes of crimes involving financial institutions. Defines "item of sentimental value" and enhances the penalties for mischief, theft, and fraud if the offense involves an item of sentimental value. Makes conforming amendments. (The introduced version of this bill was prepared by the interim study committee on corrections and criminal code.)
EMS PERSONNEL LICENSURE INTERSTATE COMPACT. (CHARBONNEAU E) Implements the emergency medical services personnel licensure interstate compact.
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.
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.
ADULT GUARDIANSHIP SERVICES. (LANANE T) Instructs the office of judicial administration to establish and administer an office of adult guardianship services. Combines the volunteer advocates for seniors program and the volunteer advocates for incapacitated adults programs into one program. Requires that, in submitting a progress report to the court, a volunteer advocate for seniors and incapacitated adults shall include a person centered care plan in the progress report.
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.
MADISON COUNTY FOOD AND BEVERAGE TAX. (GASKILL M) Requires the revenue from the Madison County food and beverage tax to be deposited in a township development account (account) established within the current economic development project fund (fund) for each township in the county. Requires the tax revenue to be allocated and transferred to each account in proportion to the population of the township compared to the population of the county. Provides that the county council shall administer the fund and each account within the fund. Provides that the county council may adopt a resolution to disburse money from an account to be used for projects that are either: (1) located within the township for which the account was established; or (2) located outside the township for which the account was established; if: (A) the county council determines that the project will directly benefit the residents of the township for which the account was established; and (B) the county council holds a public hearing on the adoption of the resolution. Provides that the county commissioners, or a city, town, or school corporation that is located in the township for which the account was established, may apply to the county council for a disbursement of money from an account. Specifies the types of projects for which money in an account may be used. Removes obsolete provisions that apply to use of the tax revenue to fund a civic center, economic development projects, or a secure detention facility (there are no outstanding obligations for these projects). Makes conforming changes.
INPATIENT MENTAL HEALTH CARE FOR MEDICAID CHILDREN. (GROOMS R) Requires a managed care organization to allow a child Medicaid recipient who has been certified for admission to a psychiatric hospital to be provided certain services that are determined by a treating physician to be necessary for the child for up to five business days before the managed care organization may require a continued review process.
VARIOUS HUMAN SERVICES MATTERS. (BROWN L) Removes obsolete references to Larue D. Carter Memorial Hospital. Amends the definition of "early intervention services" to include additional services and qualified personnel for purposes of the infants and toddlers with disabilities program. Requires child care ministries to have at least one individual who maintains a CPR certification present at all times that a child is in the care of the child care ministry and requires employees and volunteers who are caregivers to maintain current first aid certification.
ADMINISTRATION OF 211 SERVICES. (BOHACEK M) Transfers responsibility for the 211 human services information dialing code from the Indiana housing and community development authority (authority) to the office of the secretary of family and social services. Eliminates provisions: (1) regarding recognized 211 service providers; (2) prohibiting state agencies or departments from establishing telephone lines or hotlines to provide human services information or referrals without first consulting a recognized 211 provider and notifying the authority; (3) prohibiting dissemination of information to the public about the availability of 211 services except in conformity with rules adopted by the authority; (4) limiting disbursements from the 211 services account to $50,000 annually; (5) requiring consultation with the board of directors of Indiana 211 Partnership, Inc., for purposes of preparation of the annual plan for expenditure of funds from the 211 services account; and (6) requiring an annual report to the general assembly regarding 211 services and deposits to and disbursements from the 211 services account. Creates the 211 services fund in place of the 211 services account. Creates the 211 advisory committee for purposes of advising the office of the secretary of family and social services regarding use of and goals for 211 services. Makes conforming amendments.
INDIANA BEHAVIORAL HEALTH COMMISSION. (CRIDER M) Establishes the Indiana behavioral health commission (commission). Specifies the membership of the commission. Requires the commission to prepare: (1) an interim report not later than October 1, 2020; and (2) a final report not later than October 1, 2022. Specifies the issues and topics to be discussed in the commission reports. Requires commission reports to be issued to the following parties: (1) The governor. (2) The legislative council. (3) Any other party specified by the commission chairperson. Requires commission reports to be issued in an electronic format. Abolishes the commission on December 31, 2022. Defines certain terms. Makes conforming amendments.
ANATOMICAL GIFT THROUGH HUNTING OR FISHING LICENSE. (DORIOT B) Allows an individual applying to the department of natural resources (department) for a resident hunting, fishing, or trapping license to make an anatomical gift by signing the individual's name in a space on the license application form relating to the anatomical gift. Requires the department: (1) to place an identifying symbol on the face of the resident license to hunt, fish, or trap that is issued to the individual; and (2) to place the identifying symbol on the face of all resident licenses to hunt, fish, or trap that are issued later to the individual, unless the anatomical gift is amended or revoked. Requires the department or the natural resources commission to adopt rules, including rules providing for the department to transmit information about every anatomical gift to the administrator of the donor registry.
REGIONAL DEVELOPMENT. (HOLDMAN T) Establishes a regional development local gross retail tax, a regional development local income tax, and a regional development food and beverage tax. Provides various changes to the existing regional development authority law for development authorities established before January 1, 2020. Defines various terms. Adds a new article for development authorities established after January 1, 2020. Does the following under the new article: (1) Provides that a development authority is a separate body corporate and politic that shall carry out its purposes by acquiring, constructing, equipping, owning, leasing, and financing projects and facilities for lease to or for the benefit of eligible political subdivisions, and by funding and developing other various projects. (2) Provides that subject to certain adjacency requirements, a development authority may be established by certain counties or municipalities meeting specific population requirements. Provides that a county or municipality may participate in the establishment of a development authority and become a member only if the fiscal body adopts a development authority investment plan. Provides that when a county establishes a development authority with another unit, any municipality in the county does not also become a member unless the fiscal body of the municipality also adopts the investment plan. Provides that a county or municipality may only be a member of one development authority. Provides that a development authority shall notify the Indiana economic development corporation (IEDC) after the development authority is established. (3) Provides requirements and restrictions for a county and a municipality to join a development authority. (4) Provides that a county or municipality shall be a member of a development authority for at least 12 years and not more than 22 years. Provides that at least 12 months and not more than 18 months before the end of a membership period, the fiscal body of the member must adopt an ordinance that commits the member to an additional term of membership or withdraws the member from the development authority at the end of the current term. (5) Provides that a development authority board is governed by an investment board. Provides requirements for the establishment, composition, bylaws, and procedural operations of the investment board. (6) Provides requirements and restrictions for public purchasing and public works projects of development authorities. (7) Provides requirements for an annual financial audit and local advisory committee for development authorities. (8) Describes the duties and powers of a development authority. Provides that a development authority may enter into certain joint agreements with other development authorities or entities. Provides that a development authority shall issue an annual report to various parties. Provides that a development authority shall prepare a comprehensive strategic plan. (9) Provides that an investment board shall establish and administer a regional investment fund. Provides for the funding sources of the regional investment fund. Provides for the establishment of a debt service account within the regional investment fund. Provides what amounts must be transferred by each member to the development authority for deposit in the regional investment fund. (10) Provides that a development authority may issue bonds for certain purposes and provides requirements, procedures, and terms related to the bonds. Provides that a development authority may lease land or a project to an eligible political subdivision and provides requirements, procedures, and terms related to such leases.