| HB1132 | LAND USE TASK FORCE. (CULP K) Creates the land use task force to study and make recommendations concerning: (1) areas where food insecurity exists; (2) development growth trends in rural, suburban, and urban communities across Indiana; and (3) other community growth issues. |
| | Current Status: | 5/1/2023 - Public Law 124
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| | State Bill Page: | HB1132 |
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| HB1200 | ALCOHOLIC BEVERAGES AND TOBACCO. (BARTELS S) Adds the following to the definition of "entertainment complex": (1) A premises located within a five mile (instead of four mile) radius of the center of a consolidated city. (2) A premises used as a museum of fine arts. (3) A premises that has a 200 person audience capacity and artist housing. Provides that a primary source of supply, manufacturer, or wholesaler may supply equipment on a temporary and nondiscriminatory basis to the holder of a retailer permit or a temporary permit for the purpose of holding, storing, and dispensing product to consumers for a special event for the duration of the special event. Makes the following changes regarding breweries: (1) Removes a requirement that the 90,000 barrel limit per calendar year applies to beer manufactured at a brewery located in Indiana. (2) Allows a small brewery to receive, bottle, and package beer from another small brewery if certain requirements are met. (3) Allows a small brewery to sell or transfer beer to certain food manufacturers for the purpose of adding or integrating the beer into a product or recipe. (4) Provides that a product that contains transferred beer may not contain more than 0.5% of alcohol by volume when the product leaves the food manufacturer's facility. Provides for permits for beer or liquor dealer employees who deliver alcoholic beverages. Increases, within a certain historic district, the number of alcoholic beverage restaurant permits from 10 to 15, and changes certain other requirements. Allows the alcohol and tobacco commission (commission) to issue a certain number of three-way permits to sell alcoholic beverages for on-premises consumption in the: (1) cities of Auburn, Kendallville, and Warsaw; and (2) towns of Winona Lake and Syracuse. Permits the issuance of three new three-way permits and three new two-way permits to the town of Whitestown. Requires the commission to issue a beer dealer's permit and a wine dealer's permit to an eligible grocery store. Increases the limit on the amount of liquor that an artisan distiller may produce in a calendar year from 10,000 to 20,000 gallons. Amends the conditions in which a minor can lawfully be in a room on a licensed premises in which is located a bar over which alcoholic beverages are sold or dispensed by the drink. Modifies the definition of "tobacco product", for purposes of the law concerning issuance of a tobacco sales certificate, to include a product that contains nicotine and is not approved by the federal Food and Drug Administration for tobacco cessation. Provides that an e-liquid distributor shall purchase and distribute e-liquid from an: (1) Indiana e-liquid manufacturer that has a valid e-liquid manufacturing permit; or (2) Indiana e-liquid distributor that has a valid e-liquid manufacturing permit or a valid tobacco distributor's license. |
| | Current Status: | 5/4/2023 - Public Law 220
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| | State Bill Page: | HB1200 |
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| HB1454 | DEPARTMENT OF LOCAL GOVERNMENT FINANCE. (SNOW C) Provides that the term of any judgment funding bond with regard to either: (1) the city of Hobart; or (2) the Merrillville Community School Corporation; issued for the purpose of paying a property tax judgment rendered against Lake County for assessment year 2011, 2012, 2013, or 2014 shall be 25 years. Changes the sunset date for the procedure for selling certain bonds to July 1, 2025, and makes corresponding changes. Adds nonprofit building corporations created by a municipal corporation to a provision concerning the purchase of municipal securities by the treasurer of state and provides that such a security must have a stated final maturity of not more than 25 years after the date of purchase. Specifies expenses eligible for funding from the READI fund. Prohibits the department of local government finance from approving a county reassessment plan before the assessor provides verification that the land values determination has been completed. Removes language from a statute allowing a taxpayer to elect a special property tax valuation method for mini-mill equipment that prohibited the election if any outstanding bond obligations would be impaired as a result of the election. Requires an assessor determining land values to submit the values to the county property tax assessment board of appeals (PTABOA) and the department. Establishes procedures for rental property assessment appeals. Makes changes to a provision granting a property tax exemption to cemetery owners. Requires the land of controlled environment agriculture property to be classified and assessed as agricultural and the improvements to be classified and assessed as an agricultural greenhouse for property tax assessment. Prohibits a PTABOA determination of assessed value following a hearing that exceeds the original appealed assessed value at issue. Provides that a qualified taxing unit located in Lake County that has experienced a property tax revenue shortfall in one or more tax years: (1) resulting from erroneous assessed valuation figures; and (2) which was, or will be, at least $5,000,000, or 20% of its net tax levy, as a result of the erroneous assessed valuation amount; may apply to the treasurer for a loan from the counter-cyclical revenue and economic stabilization fund. Describes procedures, limitations, and uses for such loans. Limits the amount of loans to all qualified taxing units to $35,000,000. Prescribes a formula for determining a population growth of 150% for purposes of the exclusion from maximum ad valorem property tax levy limits for municipalities that meet specified criteria. Makes changes to statutes concerning maximum property tax levies for: (1) Sugar Creek Township Fire Protection District; and (2) Otter Creek Township. Amends an exclusion from the definition of "controlled project" for projects required by a court order. Extends through 2026 the authority for certain school corporations to allocate circuit breaker credits proportionately but imposes limitations with respect to school corporation eligibility to allocate such credits. Repeals the provision establishing the division of data analysis of the department. Prohibits a county auditor from denying an application for a standard deduction for a homestead because the applicant does not have a valid driver's license with the address of the homestead property. Provides that when a county auditor submits a certified statement of assessed value to the department, the county auditor shall exclude the amount of assessed value for any property located in the county for which an appeal has been filed and for which there is no final disposition. Provides that a county auditor may appeal to the department to include the amount of assessed value under appeal within a taxing district for that calendar year. Provides for the expiration of certain supplemental county property tax levy provisions on the later of: (1) January 1, 2045; or (2) the date on which all bonds or lease agreements outstanding on July 1, 2023, for which a pledge of tax revenue is completely paid. Imposes reporting and publication requirements for those bonds and leases. Removes the requirement that a PTABOA quorum must include at least one certified level two or level three assessor-appraiser. Prescribes additional duties for the department. Provides that the distressed unit appeal board (DUAB) may employ staff (instead of an executive director). Provides that the department may (instead of shall) support the DUAB's duties using money from the department's budget funding. Repeals provisions requiring the DUAB to pay the emergency manager's compensation and to reimburse the emergency manager for actual and necessary expenses. Repeals the fiscal and qualitative indicators committee (committee). Replaces references to the committee with references to the DUAB. Provides that, in the assessment of tangible property, confidential information may be disclosed to an official or employee of a county assessor or auditor. Provides that the required annual visit between a representative of the department and each county may take place virtually. Requires a township or county assessor to document any changes made to the parcel characteristics of real property from the previous year's assessment in an assessment of the real property. Provides that a township may elect to establish a township firefighting fund and a township emergency services fund in lieu of the township firefighting and emergency services fund. Provides that the excess of the proceeds of the property taxes attributable to an increase in the property tax rate for a participating unit of a fire protection territory that is established after the establishment of a tax increment financing area located outside of Marion County shall be allocated to and distributed in the form of an allocated property tax revenue pass back to the participating unit of the fire protection territory and not to the redevelopment district. Provides that the fiscal body of a county may adopt an ordinance to establish a property tax amnesty program and require a waiver of interest and penalties added before January 1, 2023, on delinquent taxes and special assessments on real property in the county if certain conditions are met. Amends provisions excluding the part of a participating unit's proceeds of property taxes imposed in certain tax increment finance areas for an assessment date with respect to which the allocation and distribution is made that are attributable to property taxes imposed to meet the participating unit's obligations to a fire protection territory. Reduces the fee, from 15% to 10%, that the department of state revenue may charge a debtor for any debts collected as a collection fee for the department's services, not including local collection assistance fees. Establishes a tax credit for an eligible taxpayer that employs certain individuals with a disability. Provides that contributions to a 529 college savings account or 529A ABLE account made after December 31, 2023, shall be considered as having been made during the taxable year preceding the contribution if certain conditions are met. Beginning in taxable year 2024, allows the Indiana economic development corporation to award a qualified taxpayer a historic rehabilitation tax credit equal to 25% or 30% of the qualified expenditures incurred in the restoration and preservation of a qualified historic structure, depending on the type of historic structure. Pro |
| | Current Status: | 5/4/2023 - Public Law 236
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| | State Bill Page: | HB1454 |
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| HB1639 | WATERSHED DEVELOPMENT COMMISSIONS. (AYLESWORTH M) Provides that the executives of one or more counties may adopt ordinances designating their counties as members of a proposed watershed development commission and that the proposed watershed development commission is established as a legal entity with the counties as its members if it is recognized by the natural resources commission. Allows a watershed development commission to be established for certain flood damage reduction, drainage, storm water management, recreation, and water infrastructure purposes, but provides that "water infrastructure purposes" excludes any drinking water project in a county or municipality. Requires the natural resources commission, in deciding whether to recognize a proposed watershed development commission, to answer certain questions. Provides that a nonmember county may become a member of an established watershed development commission if its membership is accepted by the member counties and recognized by the natural resources commission. Requires the department of natural resources (department), with the approval of the natural resources commission, to certify the area of a member county that is within a watershed development commission's designated watershed. Provides that a watershed development commission may also have water quality purposes if its board develops a water quality improvement plan that is approved by the natural resources commission. Specifies that a water quality purpose, goal, project, or interstate agreement does not convey water quality regulatory authority to a watershed development commission. Provides for a watershed development commission to be governed by a board that includes: (1) the director of the department or the director's designee; (2) the county surveyor of each county that is a member of the commission and is entitled to membership on the board; (3) an individual other than the county surveyor representing each county that is a member of the commission and is entitled to membership on the board; and (4) either: (A) one individual appointed to represent each second class city that is located in a participating county and within the designated watershed of the watershed development commission; or (B) if a participating county does not include a second class city that is located within the designated watershed of the watershed development commission, one individual appointed to represent the municipality that has the largest population of all municipalities that are located in the participating county and within the designated watershed of the watershed development commission. Requires a watershed development commission to develop a flood damage reduction and drainage plan for its designated watershed. Grants a watershed development commission exclusive authority to perform drainage and flood damage reduction activities within the channel of the river that is the surface water outlet of its designated watershed. Authorizes a watershed development commission to enter into an interlocal cooperation agreement with an existing local governmental authority to apportion flood damage reduction authority and financial support between the two entities. Provides for the funding of a watershed development commission through an annual special assessment that may be imposed against each taxable parcel of real property located: (1) in a member county; and (2) within the designated watershed of the watershed development commission. Establishes maximum assessment levels and allows the board of a watershed development commission to reduce the special assessment to lower levels. Authorizes a member county to adopt any of three alternative methods of funding the watershed development commission. Prohibits the use of money collected from a special assessment for highway bridge repairs or reconstruction. Authorizes a watershed development commission to give preference to an Indiana business over an out-of-state business in contracting for public works. Establishes a procedure under which the Maumee River basin commission, the St. Joseph River basin commission, or the Upper Wabash River basin commission may be transformed into a watershed development commission. Provides that if the St. Joseph River basin commission is transformed into a watershed development commission, the members of the St. Joseph River basin commission become the first members of the St. Joseph River watershed development commission's advisory committee. |
| | Current Status: | 5/4/2023 - Public Law 251
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| | State Bill Page: | HB1639 |
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| SB65 | ELECTED OFFICIALS TRAINING FUND. (NIEMEYER R) Allows a county auditor, upon the county fiscal body's determination that money in the county elected officials training fund (fund) is in excess of the fund's expenses, to transfer the excess money to the county recorder's records perpetuation fund. Provides that the transfer must be made not later than December 31, 2023. Provides that a county fiscal body may use money in the county elected officials training fund for certain training for county council members. |
| | Current Status: | 5/1/2023 - Public Law 96
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| | State Bill Page: | SB65 |
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| SB166 | ADVERSE POSSESSION STATUTE OF LIMITATIONS. (DORIOT B) Amends the statute concerning the statute of limitations for actions for the recovery of the possession of real estate to provide that such an action that: (1) involves a line located and established by a professional surveyor; and (2) accrues before the lines are located and established by the surveyor; must be commenced before the expiration of the appeal period set forth in the statute governing county surveyors. Amends the provision concerning the establishment of property lines by means of a legal survey to specify that the lines established are binding on all affected landowners, including a landowner who claims title under a claim of adverse possession. Provides that certain information must be contained in a notice of survey sent to adjoining landowners, and that a legible copy of the plat of the legal survey must be enclosed with the notice. Specifies that both an in county and out of county resident that owns a property subject to a survey has 180 days to appeal the survey to the circuit, superior, or probate court. |
| | Current Status: | 5/1/2023 - Public Law 99
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| | State Bill Page: | SB166 |
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| SB242 | FLOODPLAIN MAPPING. (LEISING J) Repeals the requirement that local floodplain administrators use the "best floodplain mapping data" as provided by the department of natural resources (department) and located on the Indiana Floodplain Information Portal when reviewing an application for a permit to authorize construction in or near a floodplain. Provides that, after June 30, 2023, a county or municipality may not issue a permit for construction activity in or near a floodplain unless the permit applicant is allowed to elect whether the local floodplain administrator will use: (1) the department's "best floodplain mapping data"; or (2) an engineering study provided by the permit applicant; in reviewing the permit application. Prohibits a local floodplain administrator from issuing a permit authorizing a structure or construction activity in or near a floodplain if the issuance of the permit will violate National Flood Insurance Program requirements. Provides that, after June 30, 2025, an individual may not serve as the floodplain administrator of a county or municipality unless the individual has successfully completed: (1) the Certified Floodplain Manager program of the Association of State Floodplain Managers; or (2) another course or training program for local floodplain managers that is approved by the Federal Emergency Management Agency or the department. Provides that a person that has: (1) an ownership interest; (2) a leasehold interest; or (3) a security interest; in a parcel of real property may at any time request a review by the department of the department's "best floodplain mapping data" that applies to the parcel of real property. Requires the department to conduct the review at no cost to the person requesting the review and to use a detailed hydrologic modeling method in conducting the review. Provides that: (1) if the person requesting the review has applied to a local floodplain administrator for a permit authorizing the construction of a structure or other construction activity on the parcel of real property; and (2) the department does not complete the review within 120 days after the review was requested; the person may elect whether the local floodplain administrator, in reviewing the person's permit application, will use the department's "best floodplain mapping data" or an engineering study provided by the person. Provides that, in the disclosure form that is adopted by the Indiana real estate commission and that must be submitted to a prospective buyer of real estate before the prospective buyer's offer is accepted, the owner of real estate must disclose the fact that all or a portion of the owner's real estate is located within a community's floodplain boundaries, as indicated in a Federal Emergency Management Agency Flood Insurance Rate Map, if the owner has personal knowledge of that fact. |
| | Current Status: | 5/4/2023 - Public Law 175
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| | State Bill Page: | SB242 |
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| SB412 | NATURAL RESOURCES MATTERS. (GLICK S) Authorizes the Little Calumet River basin development commission to make bank improvements and remove sediment and flood-causing debris in the area subject to its jurisdiction, subject only to the authority of the United States Army Corps of Engineers. Authorizes the division of water (division) of the department of natural resources (department), under certain circumstances, to file with the county recorder an affidavit stating that a violation or deficiency that is the subject of an enforcement action involving a structure classified by the department as a high hazard structure exists on a particular property in the county. Provides that the affidavit must: (1) include a sworn statement that a violation or deficiency exists on the property; (2) be recorded in the deed records of the county; (3) be designed and worded so as to provide notice to the public; and (4) include certain details about the property and current owner. Requires the department to file a release of the affidavit when the violation or deficiency is resolved. Requires the division to pay the fees for recording the affidavit and for recording a release of the affidavit. Amends the law on natural resources commission (commission) rules concerning lakes and reservoirs to eliminate provisions concerning the mediation of disputes. Amends the flood control law: (1) to require a person who applies for a permit to create or maintain a structure, obstruction, deposit, or excavation on a site in a floodway to provide documentation of the person's ownership of the site or an affidavit from the owner of the site authorizing the performance of the proposed work; and (2) to allow a person who applies for a permit to file an amendment to the permit application. Amends the floodplain management law: (1) to require the commission to meet at least once every five years with officials of counties and municipalities to promote cooperation among counties and municipalities, provide technical and data assistance, conduct training, and provide communications and outreach; (2) to provide that county and municipality officials may request to meet with the commission on a periodic basis; (3) to require a permit for the creation, use, or maintenance of a structure, obstruction, deposit, or excavation on any state owned or state managed property in a floodplain; (4) to provide that the lowest floor of any structure erected on state owned or state managed property in a floodplain must be least two feet above the 100 year frequency flood elevation; and (5) to require the commission to review and timely respond to any request from a county or municipality to revise the delineation of a flood hazard area. Provides that a person who applies for a permit authorizing the construction of a structure or other construction activity in or near a floodplain may elect whether: (1) mapping data provided by the department; or (2) an engineering study provided by the applicant; will be used by the local floodplain administrator when reviewing the person's permit application, and prohibits a local floodplain administrator from issuing a permit if the issuance of the permit would affect the county's or municipality's eligibility to participate in the National Flood Insurance Program. Amends the timber buyers law to provide that information in a timber buyer's records about the timber buyer's transactions with a particular timber grower may be disclosed to that timber grower. Provides that if a local governmental agency in county located along the Lake Michigan shore does not approve or deny a completed application for a nonemergency seawall or revetment permit within 30 business days after it is submitted, the permit is automatically approved and considered issued to the applicant. Requires the department to coordinate with local governmental agencies for purposes of the seawall or revetment permit process. Makes conforming changes. |
| | Current Status: | 5/4/2023 - Public Law 191
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| | State Bill Page: | SB412 |
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