Prepared by: David Bottorff
Report created on March 28, 2024
 
HB1014STATE MUSEUM AND HISTORIC SITES CORPORATION. (SAUNDERS T) Specifies that a memorandum of understanding between the chief executive officer of the Indiana state museum and historic sites corporation (corporation) and a nonprofit organization that supports a specific state historic site may not include certain restrictions on the fundraising activities of the nonprofit organization and certain operations of the nonprofit organization. Requires the corporation to return certain donor restricted funds to a nonprofit organization if the funds are not used for a donor's specified use in a historic site project.
 Current Status:   3/30/2020 - Public Law 167
 Recent Status:   3/25/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
HB1043FIREFIGHTERS AND POLICE OFFICERS. (DAVISSON S) Provides that a political subdivision served by a volunteer fire department may make contributions to the public employees' defined contribution plan for the members of the volunteer fire department in an amount determined by the governing body of the political subdivision. Provides that a unit's obligation to provide insurance coverage for a volunteer firefighter or member of an emergency medical services personnel supersedes the obligation of another medical insurance carrier. Increases the maximum age for police officers to begin membership in the 1977 police officers' and firefighters' pension and disability fund from 35 to 39 years of age.
 Current Status:   3/30/2020 - Public Law 96
 Recent Status:   3/18/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
HB1047JUSTICE REINVESTMENT ADVISORY COUNCIL. (STEUERWALD G) Specifies the purpose and certain duties of the justice reinvestment advisory council, including the duty to study jail overcrowding, and adds additional members, including members of the Indiana evidence based decision making initiative (which is a partnership between state and local criminal justice stakeholders). Makes a technical correction.
 Current Status:   3/30/2020 - Public Law 34
 Recent Status:   3/14/2020 - SIGNED BY GOVERNOR
3/11/2020 - Signed by the President of the Senate
 
HB1065VARIOUS TAX MATTERS. (THOMPSON J) Amends the definition of "inventory" for purposes of property tax. Amends the definition of "land developer" for purposes of provisions that apply to reassessment of undeveloped land. Provides that, if a taxpayer believes that the taxpayer has overreported a personal property assessment that is discovered in the course of a review of the taxpayer's personal property assessment for which the assessing official fails to make an adjustment to correct the error, the taxpayer may: (1) initiate an appeal with the county property tax assessment board of appeals for a credit to offset any resulting overpayment; or (2) file a claim for refund with regard to any resulting overpayment. Authorizes an appeal to the Indiana board of tax review of the denial of the refund claim with regard to a resulting overpayment. Provides that a: (1) township fire protection and emergency services area; or (2) fire protection district; that experiences more than 6% population growth during a 10 year period may increase its maximum property tax levy for 2021 or any year thereafter by an amount based on the population growth that exceeds 6%. Provides, however, that the township or fire protection district may not increase the tax levy based on the population growth by a total rate of more than 0.15 per $100 of the net assessed value of the fire protection and emergency services area or fire protection district area within a 10 year period. Adds provisions concerning a school corporation's establishment of a school improvement fund if payments for loans or advances from the common school fund are suspended and related provisions. Amends the definition of "qualified higher education expenses" for the purpose of the 529 college savings contribution tax credit to exclude qualified education loan repayments. Amends the definition of "taxpayer" for the purpose of the 529 college savings contribution tax credit to include a married individual filing a separate return. Amends the industrial recovery tax credit to: (1) provide that qualified expenses must be certified by the Indiana economic development corporation before the taxpayer is entitled to the credit for a taxable year; and (2) specify that a taxpayer may make more than one assignment of any part of the credit, but may not assign the same part of a credit more than once. Amends the definition of "qualified redevelopment site" for purposes of the redevelopment tax credit to include a mine reclamation site. Provides that a local income tax council (LIT council) for a county with a single voting bloc must vote as a whole in order to exercise its authority to increase (but not decrease) a local income tax rate in the county. Defines a "county with a single voting bloc" as a county in which one city or one town that is a member of the LIT council is allocated more than 50% of the total votes allocated to the members of the LIT council. Sunsets this provision on May 31, 2021. Provides that actions taken by a member of a LIT council, or a LIT council, for a county with a single voting bloc after December 31, 2019, and before April 1, 2020, on a resolution or proposed ordinance to increase a local income tax in the county are void. Retroactively amends local income tax provisions that authorize Monroe County and Howard County to impose a special purpose rate to fund operation and maintenance of a juvenile detention center to remove provisions referring to property tax credits that were inadvertently included in those special purpose rate provisions when the local income tax law was enacted. Imposes a nonprofit agricultural organization health coverage tax on an organization that provides nonprofit agricultural organization coverage in Indiana. Defines "nonprofit agricultural organization coverage" for purposes of the tax. Provides that the tax is equal to 1.3% of gross premiums collected in the previous calendar year. Provides that a charter school may elect to distribute a proportionate share of the charter school's operations fund to the school corporation in whose district the charter school is located. Provides that a school corporation may distribute money that is received as part of a referendum tax levy to a charter school, excluding a virtual charter school, that is located in the attendance area of the school corporation. Provides that the resolution adopted by a school corporation to place a referendum on the ballot must indicate whether proceeds collected from the tax levy will be used to provide a distribution to a charter school or charter schools, excluding a virtual charter school, as well as the amount that will be distributed. Removes the cap on the amount of career and technical education enrollment grants that may be distributed per state fiscal year. Provides that Spencer County is subject to a provision of the area planning law concerning urban areas. Makes certain changes to provisions that permit a redevelopment commission to establish a program for residential housing development and a tax increment funding allocation area for the program, including the following: (1) Provides that the threshold condition for establishing a residential housing development program (program) does not apply for purposes of establishing a program in an economic development target area. (2) Requires the department of redevelopment to consult with officials of all school corporations within the proposed allocation area before formal submission of the program. (3) Requires the department of redevelopment to provide notice of the public hearing on the program to all affected taxing units and officials of all school corporations within the proposed allocation area. Revises the definition of "income tax base period amount" in the context of the certified technology park statute. Urges the legislative council to assign to an appropriate interim study committee during the 2020 legislative interim the task of studying tax credits and other fiscal incentives for a film and media production program.
 Current Status:   3/30/2020 - Public Law 154
 Recent Status:   3/21/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
HB1094SUBSTANCE USE PREVENTION AND RECOVERY. (ZIEMKE C) Requires the executive director of the Indiana criminal justice institute to work with local coordinating councils and other stakeholders when implementing certain recommendations concerning substance use and substance use disorder. Includes public safety programs in the statutory definition of "criminal justice services and activities". Specifies that local coordinating councils responsible for the combating of drug and substance use are: (1) collaborative; and (2) open to the public. Permits county drug free community funds to supplement local government spending on: (1) drug use recovery programs; (2) drug use intervention programs; and (3) drug use prevention programs. Defines certain terms.
 Current Status:   3/30/2020 - Public Law 40
 Recent Status:   3/14/2020 - SIGNED BY GOVERNOR
3/11/2020 - Signed by the President of the Senate
 
HB1108STATE BOARD OF ACCOUNTS. (LEHMAN M) Makes various changes to statutes concerning the state board of accounts (board). Adds a definition of a "responsible officer of an audited entity". Allows the audit committee to determine the amount of the bond for the state examiner, deputy examiners, and field examiners based on applicable risk considerations. Repeals a statute that addresses duties required by law on April 5, 1909. Provides that, for purposes of the risk based examination criteria, the board may perform examinations of certain audited entities more frequently than once every four years if required by a ratings agency that rates debt maintained by such an audited entity. Provides that the board may issue management letters based on professional auditing standards to certain audited entities. Provides that the state examiner, deputy examiner, or field examiner may issue subpoenas to enforce the filing of certain reports. Establishes a procedure governing the examination of certain bodies corporate and politic. Provides that the procedure applies only to a body corporate and politic whose enabling statute does not provide for an audit, examination, or other engagement by the state board of accounts or an independent public accounting firm concerning financial or compliance related matters of the body corporate and politic. Makes changes to statutes establishing the forfeiture of office for the failure to file certain reports, interference with an examiner, and the failure to adopt or use the system of accounting and reporting adopted by the board. Provides that, as an alternative to an order to forfeit office, a court may impose a civil penalty that does not exceed $500 for each day that the public officer or responsible officer continues to violate an obligation with respect to an audit, examination, or other engagement by the board. Specifies that the individual is personally liable for a civil penalty imposed on the individual for such a violation. Provides that the board may collect the expenses from the audited entity that the board incurs in carrying out the audit, examination, or other engagement.
 Current Status:   3/30/2020 - Public Law 157
 Recent Status:   3/21/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
HB1113LOCAL GOVERNMENT FINANCE. (LEONARD D) Changes the deadline for reporting bonds issued or leases executed after September 30. Requires budget committee review of an agreement: (1) in which the Indiana finance authority or the state is a party; and (2) that would increase revenue as a result of a sale or lease of a state asset, or a grant of a license to operate a state asset, if the increase in revenue as a result is at least $100,000,000. Changes the defined term "assessed value growth quotient" to the term "maximum levy growth quotient" without changing the definition. Allows the department of local government finance (department) to amend certain rules to conform with statutory changes. Requires counties to provide data related to property taxation to the department. (Current law requires counties to provide the data to the department and the legislative services agency.) Amends and adds provisions regarding the assessment of a golf course. Eliminates unnecessary information from the sales disclosure form. Changes the term "industrial facility" in the statutes concerned with the assessment of industrial facilities. Prohibits township assessors and vendors who contract with county assessors or townships from assessing industrial facilities in Lake County. Provides that, for purposes of determining the assessed value of real property for an individual who has received an over 65 deduction, a disabled veteran deduction, or an over 65 circuit breaker credit, subsequent increases in assessed value are not considered unless the increase is attributable to physical improvements to the property. Provides that a taxpayer may appeal a change in the assessed value of personal property made by a township assessor or county assessor by filing a written notice of review with the county property tax assessment board of appeals (PTABOA). Provides that a taxpayer may appeal a change in the assessed value of personal property made by a PTABOA by filing a written notice of review with the Indiana board of tax review. Removes existing language that provides that, if a PTABOA fails to change an assessed value claimed by a taxpayer on a personal property return and give notice of the change within the time prescribed, the assessor may file a petition for review of the assessment by the Indiana board. Changes the debt service obligation reporting date. Provides that a political subdivision shall submit the date, time, and place of the final adoption of the budget, tax rate, and levy through the department's computer gateway. Requires a political subdivision to indicate on its budget ordinance whether the political subdivision intends to issue debt after December 1 or file a shortfall appeal. Requires a political subdivision that makes an additional unbudgeted appropriation to submit the additional appropriation to the department within 15 days after the additional appropriation is adopted. Provides procedures for increases for the maximum permissible ad valorem property tax levies for Sullivan County, the city of Wabash, and the Wabash city school corporation. Specifies that the county treasurer's property tax comparison statement, issued annually, must include: (1) information stating how a taxpayer can obtain information regarding the taxpayer's notice of assessment or reassessment; and (2) a remittance coupon indicating payment amount due at each payment due date. Eliminates the use of the state address confidentiality form to submit a request to restrict access to a covered person's address maintained in a public property data base. Provides that, if a taxpayer is owed a refund that exceeds $500,000 for excessive property taxes paid on real property, a county auditor may pay the property tax refund in equal installments of property tax credits for at least five and not more than 10 years, depending on the amount owed to the taxpayer. Requires the department to provide certain assessment and tax data to the legislative services agency within one business day of receipt. Eliminates the requirement that a candidate for an assessor-appraiser examination be an Indiana resident. Provides that if an adopting body under the local income tax law wishes to submit a proposed notice, ordinance, or resolution to the department for preliminary review, the adopting body shall submit the notice, ordinance, or resolution on the prescribed forms. Modifies the standard formula for the calculation of certified shares of local income tax revenue in Hamilton County after 2020 and before 2024 to calculate adjusted amounts of certified shares for the city of Carmel and the city of Fishers. Eliminates the requirement in the context of teacher collective bargaining for the department to certify the amount of an operating referendum tax levy or a school safety referendum tax levy. Provides an exception to the maximum term or repayment period for bonds issued by a school corporation for a school building construction project if a loan is made or guaranteed by a federal agency. Changes from $1.50 to $3 the amount of the fee that a lessor in a rental purchase agreement may impose for accepting rental payments by telephone. Transfers responsibility for reporting by political subdivisions of other post-employment benefits from the department to the state board of accounts. Provides that money in the fund of a flood control improvement district established after December 31, 2019, may be used for a flood control works project in a location outside the boundaries of the district. Expires this provision on March 1, 2022. Allows a unit of local government to establish a public safety officer survivors' health coverage cumulative fund to discharge its obligation to pay for health coverage for the survivors of a member of the 1977 police officers' and firefighters' pension and disability fund who was employed by the unit and died in the line of duty. Aligns the deadline for public libraries to adopt a budget with the general deadline to adopt a budget. Removes a provision in current law requiring the state board of accounts to approve the form of a record for stating certain unpaid costs on unsafe premises. Removes a provision in current law requiring a township to treat a transfer of money as part of the township's ad valorem property tax levy for the year. Provides that, if a township board member (in a county other than Marion County) is a member of the immediate family of the township trustee, the township board member may not participate in a vote on the adoption of the township's budget and tax levies; and if a majority of the members of the township board are so precluded from voting on the township's budget and tax levies, then the township's most recent annual appropriations are continued for the ensuing budget year. Provides that a person that has certain business relationships with another person that owes delinquent taxes, special assessments, penalties, interest, or costs attributable to a prior tax sale is prohibited from bidding on or purchasing real property at a tax sale or from bidding on, purchasing, receiving, or leasing a tract under the law governing the disposal of property by local governments. Requires the county treasurer to require each person bidding at a tax sale to sign a form affirming that the person is not bidding on or purchasing tracts or items of real property on behalf of or as an agent for a person who is prohibited from purchasing at a tax sale. Allows certain nonprofit entities that failed to comply with the e
 Current Status:   3/30/2020 - Public Law 159
 Recent Status:   3/21/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
HB1131UTILITY MATTERS. (PRESSEL J) Makes the following changes for purposes of a statute that subjects a water or wastewater utility organized after June 30, 2018, to the jurisdiction of the Indiana utility regulatory commission (IURC) with regard to certain aspects of the water or wastewater utility's operations for a period of 10 years: (1) Provides that the term "water or wastewater utility" includes a municipally owned utility that provides water service to less than 8,000 customers. (2) Deletes references to organization of a water or wastewater utility as a legal entity. Requires the IURC, in a rate case for a water or wastewater utility that extends service to an infrastructure development zone at the request of the governmental entity that established the infrastructure development zone, to approve inclusion in the water or wastewater utility's rate schedule of a surcharge payable only within the geographic area of the infrastructure development zone. (Under current law, such a surcharge must apply within the entire jurisdiction of the governmental entity.) Provides that, with respect to any water main extension or wastewater main extension, a utility shall comply with the IURC's rules governing water main extensions or wastewater main extensions, regardless of whether the utility is subject to the IURC's jurisdiction for the approval of rates and charges. Provides that a dispute arising over a water main extension or wastewater main extension may be submitted as an informal complaint to the IURC's consumer affairs division, regardless of whether the person requesting the extension is a customer of the utility involved. Provides that, if the IURC determines that it requires additional staff to handle the volume of informal complaints submitted, the IURC may impose a fee on a party against whom a decision is rendered. Provides that the fee may not exceed: (1) the IURC's actual costs in administering the informal complaint; or (2) $750. Provides that certain procedures for acquisition by a municipal utility of property of another utility apply to acquisition by a nonmunicipal utility of property of another utility, and prescribes requirements regarding appraisal of the value of utility property acquired by a nonmunicipal utility. Provides, for purposes of the factors the IURC must consider in determining whether a utility that acquires property of an offered utility may include the cost differential of the offered utility's property as part of the acquiring utility's rate base, that an offered utility is too small to capture economies of scale or is not furnishing or maintaining adequate, efficient, safe, and reasonable service and facilities if the IURC finds that the offered utility serves fewer than 8,000 customers (rather than 5,000 customers under current law). Provides: (1) that a city meeting certain population parameters may annex territory: (A) that is not contiguous to the city; (B) that is south of the southernmost boundary of the city; (C) the entire area of which is not more than four miles from the city's boundary; and (D) that does not extend more than one mile to the east of a state highway; (2) that the annexed territory is not considered a part of the city for purposes of annexation of additional territory; and (3) that the city may not require connection to a sewer installed to provide service to the annexed territory. Provides that certain provisions regarding approval of sewage disposal and treatment fees apply to a sanitation district that: (1) is located in a county that meets specified population parameters; and (2) is under an order or party to an agreement with one or more state or federal agencies to remediate environmental conditions.
 Current Status:   3/30/2020 - Public Law 160
 Recent Status:   3/21/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
HB1218LOCATING UNDERGROUND UTILITY INFRASTRUCTURE. (MANNING E) Amends the statute concerning the location of underground utility facilities (state 811 law) to provide that for any new or replacement underground facility that an operator installs or causes to be installed after June 30, 2020, the operator shall ensure that: (1) the materials from which the facility is constructed are capable of being detected from above ground level using standard equipment and technologies used by the utility locating industry; or (2) if the materials from which the facility is constructed are not capable of being detected from above ground level using standard locating techniques, the facility is encased by conductive material or is equipped with an electrically conducting wire or other means of locating the facility while it is underground.
 Current Status:   3/30/2020 - Public Law 46
 Recent Status:   3/14/2020 - SIGNED BY GOVERNOR
3/11/2020 - Signed by the President of the Senate
 
HB1235PUBLIC SAFETY. (KARICKHOFF M) Allows a federal enforcement officer with at least five years of service to be appointed as a police chief or deputy police chief in a city. Provides that the statewide 911 board may increase an enhanced prepaid wireless charge one time after April 1, 2020, and before July 1, 2023, in an amount not to exceed $0.10. Revises the definition of "statewide 911 system". Provides that the statewide 911 board may adjust the statewide 911 fee one time after April 1, 2020, and before July 1, 2023, in an amount not to exceed $0.10. Requires 60 days prior notice to the department of state revenue of any rate change to the enhanced prepaid wireless charge or the statewide 911 fee.
 Current Status:   3/30/2020 - Public Law 117
 Recent Status:   3/18/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
HB1309DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. (WOLKINS D) Revises references to federal regulations relating to variances from water quality standards. Provides that a variance from a water quality standard issued for a period of more than five years must be reevaluated in accordance with the requirements of the federal rule on variances from water quality standards. Provides that a variance relating to an NPDES permit may be submitted at any time before or after the issuance, renewal, or modification of the NPDES permit. Eliminates the requirement that the department itself, at least once per year, administer a certification examination for operators of water treatment plants, water distribution systems, and wastewater treatment plants. Requires instead the department to ensure that the examination is administered at least once per year, and allows the examination to be administered by independent third parties authorized by the commissioner of the department.
 Current Status:   3/30/2020 - Public Law 126
 Recent Status:   3/18/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
HB1346JAIL OVERCROWDING. (FRYE R) Repeals all provisions concerning the county jail overcrowding task force. Adds additional members to the justice reinvestment advisory council ("advisory council"), including members of the Indiana evidence based decision making initiative (which is a partnership between state and local criminal justice stakeholders). Specifies the purpose and certain duties of the advisory council, including: (1) to conduct a state level review and evaluation of jail overcrowding to identify a range of possible solutions; and (2) to develop incarceration alternatives and recidivism reduction programs at the county and community level by promoting the development of the incorporation of evidence based decision making into decisions concerning jail overcrowding. Provides that the advisory council may make a recommendation to the county sheriffs concerning strategies to address jail overcrowding and implementing evidence based practices for reducing recidivism for individuals in county jails. Requires the criminal justice institute to coordinate with state and local criminal justice agencies for the collection and transfer of data from sheriffs concerning jail: (1) populations; and (2) statistics; for the purpose of providing jail data to the management performance hub.
 Current Status:   3/30/2020 - Public Law 48
 Recent Status:   3/14/2020 - SIGNED BY GOVERNOR
3/11/2020 - Signed by the President of the Senate
 
HB1414ELECTRIC GENERATION. (SOLIDAY E) Provides that a public utility that owns and operates a reliable capacity electric generation resource shall operate and maintain the unit using good utility practices and in a manner reasonably intended to support the availability of the unit for dispatch and for providing reliable service to customers of the public utility. Prohibits a public utility from terminating a power agreement with a legacy generation resource in which the public utility has an ownership interest unless the public utility provides the utility regulatory commission (IURC) with at least three years advance notice of the termination. Provides that the IURC shall determine the reasonable costs incurred by the public utility under the power agreement and allow the public utility to recover those costs in a fuel adjustment charge proceeding. Provides that a public utility may not retire, sell, or transfer a reliable capacity resource with a capacity of at least 80 megawatts before May 1, 2021, unless: (1) the public utility first provides written notice to the IURC of the public utility's intent to do so; and (2) the IURC conducts a public hearing to receive information concerning the reasonableness of the planned retirement, sale, or transfer. Requires the IURC to conduct the required hearing and issue its analysis and conclusions concerning the reasonableness of the planned retirement, sale, or transfer not later than 120 days after the date of the IURC's receipt of the public utility's written notice to the IURC. Provides that if the planned retirement, sale, or transfer: (1) was included in the public utility's preferred portfolio in the public utility's most recent integrated resource plan, the public utility may proceed with the planned retirement, sale, or transfer after the commission issues the commission's analysis and conclusions; or (2) was not included in the public utility's preferred portfolio in the public utility's most recent integrated resource plan, the public utility may not proceed with the planned retirement, sale, or transfer until at least six months have elapsed from the date of the commission's receipt of the public utility's written notice of the planned retirement, sale, or transfer. Provides that if a public utility cites a federal mandate as the basis, in whole or in part, for the planned retirement, sale, or transfer of the reliable capacity resource, the IURC may consider as part of its analysis and conclusions whether the cited federal mandate: (1) is in force; (2) has not expired or been revoked; and (3) is not merely anticipated to be enacted; at the time of the public utility's notice. Provides that these provisions expire May 1, 2021. Provides that in awarding high value workforce ready credit-bearing grants, the commission for higher education, in conjunction with the department of workforce development, shall give priority to an applicant who is a coal transition worker. Defines a "coal transition worker" as an individual who is laid off or terminated from the individual's employment: (1) at a commercial coal mine in Indiana; (2) at a coal fired electric generating unit in Indiana; or (3) in an Indiana based manufacturing or transportation supply chain serving: (A) a commercial coal mine; or (B) a coal fired electric generating unit; in Indiana.
 Current Status:   3/30/2020 - Public Law 165
 Recent Status:   3/21/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
SB20PLAN COMMISSIONS. (GASKILL M) Allows a county agricultural extension educator (educator) serving on a county plan commission or an area plan commission who is not a resident of the county to continue to serve on the county plan commission or area plan commission until: (1) October 1, 2020; or (2) the date set forth in a county legislative body ordinance that is after October 1, 2020, and not later than October 1, 2021. Provides that an educator who is not a resident of the county shall serve the county plan commission or area plan commission in a nonvoting advisory capacity. Provides that the county surveyor's designee must be a resident of the county to serve on the county plan commission or area plan commission. Requires a person appointed to a plan commission to fill a vacancy or to serve as an alternate member to meet the same requirements as the member the person is appointed to replace.
 Current Status:   3/18/2020 - Public Law 53
 Recent Status:   3/18/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
SB78SHOVEL READY SITE DEVELOPMENT CENTER. (MESSMER M) Defines "office" as the office of community and rural affairs for purposes of the law governing the shovel ready site development center (center). Provides that the office shall, in cooperation with the Indiana economic development corporation and political subdivisions, administer the center to enable political subdivisions to obtain permits to create sites that are ready for economic development. Provides that the office shall serve as the certifying body for acceptance into the program and determine the criteria to be used to certify sites.
 Current Status:   3/14/2020 - Public Law 30
 Recent Status:   3/14/2020 - SIGNED BY GOVERNOR
3/11/2020 - Signed by the President of the Senate
 
SB100NONCONFORMING 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. Specifies that the bill's provision regarding the reconstruction, repair, or renovation of a nonconforming structure does not apply to a nonconforming structure that is: (1) subject to the jurisdiction of a preservation commission; or (2) located within a flood plain.
 Current Status:   3/21/2020 - Public Law 134
 Recent Status:   3/21/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
SB148ZONING AND HOUSING MATTERS. (DORIOT B) Amends a statute concerning manufactured homes (manufactured home statute) to provide, with respect to a manufactured home located outside of a mobile home community, as follows: (1) A comprehensive plan or zoning ordinance adopted by a unit of local government may: (A) specify aesthetic standards and requirements concerning the manufactured home's permanent foundation system; and (B) require compatibility of the manufactured home's permanent foundation system with surrounding residential structures. (2) A unit of local government may not require: (A) a permanent foundation system that is incompatible with the structural design of the manufactured home; or (B) more than one permanent foundation system for a manufactured home. Specifies that the changes to the manufactured home statute do not affect a requirement applicable to property that is subject to the jurisdiction of a preservation commission. Provides that a unit of local government may not adopt or enforce certain ordinances, regulations, requirements, or other restrictions that mandate size requirements for a manufactured home that is placed in a mobile home community. Provides that, subject to certain conditions, an industrialized residential structure may be located in a mobile home community. Requires a mobile home community operator (operator) to provide all owners of mobile homes, manufactured homes, or industrialized residential structures in a mobile home community with written notice not less than 180 days before the mobile home community's closure. Provides that an operator who violates the notice requirement commits a deceptive act that is actionable by the attorney general or a consumer. Prohibits a unit of local government from regulating certain aspects of a landlord-tenant relationship with respect to privately owned real property located in the unit unless the regulation is authorized by the general assembly. Prohibits a landlord from taking certain retaliatory actions in response to a tenant's engaging in one or more enumerated protected activities. Prohibits a local unit from adopting or enforcing any ordinance or regulation concerning retaliatory acts by landlords. Makes conforming changes.
 Current Status:   3/25/2020 - VETOED BY GOVERNOR
 Recent Status:   3/18/2020 - Signed by the President of the Senate
3/16/2020 - Signed by the Speaker
 
SB179ELECTION CYBERSECURITY. (WALKER G) Requires counties to enter into an agreement with the secretary of state to use a threat intelligence and enterprise security company designated by the secretary of state for specified security purposes. Provides that this requirement expires January 1, 2023. Requires an employee or agent of a circuit court clerk, a county election board, or a board of registration to meet certain proficiency standards to be qualified to access the statewide voter registration system. Requires applicants for certification of voting systems and electronic poll books to include information regarding: (1) the batteries used in the voting system or electronic poll book, and any peripherals; (2) a planned replacement schedule for the batteries, and (3) plans to test batteries; and (4) plans for emergency replacement of batteries that fail on election day or during the 30 days before election day. Provides that the number of voting systems to be examined in a public test is based on the number of voting system units scheduled by the county election board to be used in the upcoming election. Requires a single list instead of two lists for testing by counties before elections and sets forth selection requirements for testing. Provides that if a county uploads unofficial precinct election results to the statewide voter registration system before certification of the final results, the county must use a universal serial bus (USB) drive that contains anti-malware protection features or other approved data storage transfer methods. Provides that: (1) if a direct record electronic voting system contains a voter verifiable paper audit trail, the precinct election board is not required to print out the paper audit trail in preparing the certificates setting forth the number of votes cast for a candidate or on a public question in the precinct; and (2) the certificates set forth the official votes cast by the voters of the precinct. Provides that after December 31, 2020, an electronic poll book may not display whether a voter's registration record is in active or inactive status. Provides that in a recount or contest proceeding, the information set forth on the voter verifiable paper audit trail may be used as evidence for a recount commission or a court to determine the votes cast for a candidate or on a public question in the precinct. Permits the secretary of state to issue orders (rather than adopting administrative rules) to: (1) designate elections to be subject to a risk-limiting audit or procedure audits conducted after the election; and (2) to administer risk-limiting audits.
 Current Status:   3/21/2020 - Public Law 135
 Recent Status:   3/21/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
SB190CONTROLLED PROJECTS. (HOLDMAN T) Amends the definition of a "controlled project" to exclude projects exclusively for engineering, land and right-of-way acquisition, construction, resurfacing, maintenance, restoration, and rehabilitation of: (1) local road and street systems; (2) arterial road and street systems; and (3) any combination of local and arterial road and street systems; including bridges that are designated as being in a road and street system. Provides that the restrictions on supporting a position on a controlled project apply to any political subdivision that has assessed value within the same taxing district as the political subdivision proposing the project. Provides that nothing shall prevent another political subdivision that has assessed value within the same taxing district as the political subdivision from adopting a resolution or taking a position on a local public question.
 Current Status:   3/18/2020 - Public Law 60
 Recent Status:   3/18/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
SB229MAINTENANCE OF REGULATED DRAINS. (SPARTZ V) Provides that a permit is not required from the Indiana department of environmental management for the maintenance or reconstruction of a regulated drain in accordance with certain best management practices for purposes of the law concerning state regulated wetlands, as long as the work takes place within the current easement and the reconstruction does not substantially change the characteristics of the drain to perform the function for which it was designed and constructed.
 Current Status:   3/25/2020 - Public Law 166
 Recent Status:   3/25/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
SB257AVIATION SAFETY. (KOCH E) Provides that INDOT shall not issue a permit for construction or alteration of an energy facility that will result in a structure that is more than 200 feet above ground level at its site unless the applicant for the permit submits to INDOT documentation of a formal review by the Clearinghouse of the proposed construction or alteration indicating: (1) that the formal review resulted in a determination that the construction or alteration will not have an adverse impact on military operations and readiness; or (2) that: (A) the formal review resulted in a determination that the proposed project will have an adverse impact on military operations and readiness; and (B) the applicant has either resolved the adverse impact to the satisfaction of the United States Department of Defense or entered into a mitigation agreement with the United States Department of Defense to mitigate the adverse impact. Provides that a person that is a public use airport owner or operator has standing to obtain judicial review or to intervene in a proceeding for judicial review of a zoning decision that may have a negative impact on the safety of civilian or military flight operations to or from the airport.
 Current Status:   3/18/2020 - Public Law 71
 Recent Status:   3/18/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
SB334ELECTION MATTERS. (WALKER G) Allows (current law requires) the secretary of state and election division to assist a prosecuting attorney in prosecuting certain actions and allow the use of an attorney retained by the secretary of state or election division. Requires boards of elections and registration to attend election security meetings called by the election division. Requires the election division to instruct specified election officials on best practices in answering voters' questions on how to vote, including providing instructions on straight ticket voting. Requires the inclusion of language on a ballot or voting system to tell the voter that the voter is not required to vote a straight party ticket. Changes the time frame in which a voter list maintenance program must be conducted for certain special elections and in an election year other than a year in which a general election is conducted. Removes language that required NVRA officials to obtain voter registration information from certain states. Removes authorization for NVRA officials to enter into a memorandum of understanding with the Kansas Secretary of State to compare voter registration data and voids the memorandum of understanding. Establishes the Indiana data enhancement association to be administered by the NVRA official for the administration of voter list maintenance programs and sets forth requirements. Requires a county voter registration office to determine whether an individual authorized the cancellation of any previous voter registration when the individual registered to vote in another state. Sets forth parameters for when a county voter registration office may rely on information provided by certain entities concerning voter registration from another state. Requires that a report by a county sheriff to the county voter registration office concerning individuals placed in a county correctional facility occur at least once a quarter. States that certain requirements for provisional ballots do not apply to provisional ballots cast: (1) under a court order extending the hours that the polls were open; (2) by a voter who is not on the poll list but indicates that the voter applied to register at a voter registration agency; (3) by a voter after the voter was challenged due to proof of identification; and (4) by a voter who was challenged solely due to failure to provide additional documentation. Requires a court to take evidence to determine whether a county election board filed written notice with the secretary of state and the election division concerning a petition to extend voting hours.
 Current Status:   3/21/2020 - Public Law 141
 Recent Status:   3/21/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
SB340PRIVATE PROPERTY MATTERS. (SPARTZ V) Requires a conveyance, a mortgage, or an instrument of writing to be recorded to be: (1) acknowledged by the grantor; and (2) proven before certain specified individuals; in certain instances. Requires the summons accompanying a complaint for condemnation to include language regarding the defendant's right to object to the condemnation within 30 days from the date notice is served. Requires a court to award reasonable costs and attorney's fees to a defendant whose objection to a complaint for condemnation is sustained. Caps the amount of attorney's fees a court may award if an objection to a condemnation is sustained at $25,000. Exempts a condemnation action brought by a public utility or by a pipeline company from the bill's provisions requiring a court to award a defendant in a condemnation action the defendant's reasonable costs and attorney's fees if the defendant's objections to the proceedings are sustained in the proceedings or upon appeal. Requires a municipality to provide notice by mail to affected owners, both residents and nonresidents of the municipality, of a condemnation. Permits an affected owner to file an objection that a municipality does not have the right to exercise the power of eminent domain for the use sought. Amends the time for a remonstrance hearing for a municipal condemnation and the defendant's right to judicial review of the decision made at the hearing to 30 days. (Current law requires a remonstrance hearing to be set no less than 10 days after notice and the defendant to appeal the decision within 20 days.) Provides parties the right to appeal a court's judgment in the judicial review of a municipal condemnation. Revises the statute allowing a municipality to condemn property for economic development to require a 3/4 affirmative vote of the municipality's legislative body to exercise the power of eminent domain. (Current law requires a 2/3 affirmative vote of the municipality's legislative body.) Allows a property owner to challenge a condemnation for economic development purposes by providing clear and convincing evidence that the owner's parcel is not necessary for the project.
 Current Status:   3/18/2020 - Public Law 80
 Recent Status:   3/18/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
SB350CENTRAL INDIANA REGIONAL DEVELOPMENT AUTHORITY. (HOLDMAN T) Authorizes counties and municipalities within the Indianapolis metropolitan area to establish a central Indiana regional development authority pilot that will sunset on July 1, 2025. Requires counties and municipalities that wish to establish the development authority to adopt substantially similar resolutions to adopt a preliminary strategic economic development plan (preliminary development plan). Provides that the development authority shall be governed by a strategy committee composed of members selected according to the terms of the preliminary development plan adopted to establish the development authority. Specifies the duties of the development authority. Requires the development authority to prepare a comprehensive strategic economic development plan. Codifies the establishment and governing provisions of the Indianapolis metropolitan planning organization. Requires the Indianapolis metropolitan planning organization to: (1) develop a comprehensive asset management report for the metropolitan planning area in collaboration with the Indiana department of transportation; and (2) present the comprehensive asset management report to the city-county council of Indianapolis and Marion County, the fiscal and legislative bodies of each entity that is a member of the Indianapolis metropolitan planning organization, and the budget committee.
 Current Status:   3/18/2020 - Public Law 83
 Recent Status:   3/18/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
SB410LIBRARIES. (GLICK S) Makes changes to statutes applicable to the review of budgets of certain public libraries. Establishes a procedure for public libraries to identify the applicable city, town, or county fiscal body to receive a public library's proposed budget. Includes public libraries in the definition of "qualified entities" for purposes of criminal background checks. Requires, before December 31, 2020, a public library to adopt a policy regarding conducting criminal background checks for individuals who are more than 18 years of age and who: (1) apply to the public library for employment or volunteer work; or (2) are currently employed by or perform volunteer work for the public library. Provides that a library board may issue a local library card without charge or for a reduced fee to an individual who is not a resident of the library district and who is a child receiving foster care services.
 Current Status:   3/18/2020 - Public Law 88
 Recent Status:   3/18/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
SB433STRUCTURES IN FLOODWAYS. (BASSLER E) Prohibits the director of the department of natural resources (department) from exercising the authority to remove an abode or residence from a floodway if: (1) the abode or residence was constructed before January 1, 2020; (2) the owner of the abode or residence has taken measures to elevate the lowest floor of the abode or residence to at least two feet above the one hundred year flood elevation within two years after receiving notification from the department concerning the abode or residence; and (3) the owner of the abode or residence has taken necessary measures to comply with all applicable local, state, and federal floodway regulations.
 Current Status:   3/18/2020 - Public Law 90
 Recent Status:   3/18/2020 - SIGNED BY GOVERNOR
3/18/2020 - Signed by the President of the Senate
 
actionTRACK - HANNAH NEWS SERVICE - MIDWEST, LLC.