Prepared by: David Bottorff
Report created on March 28, 2024
 
HB1040REQUIREMENTS FOR ELECTED OFFICIALS. (LEHMAN M) Provides that if an examination of an audited entity is unable to be performed because the audited entity's accounts, records, files, or reports are not properly maintained or reconciled, the entity may be declared unauditable. Requires an unauditable entity to bring its accounts, records, files, or reports into an auditable condition within 90 days. Requires the state board of accounts (SBOA) to publish a list of entities declared to be unauditable on the SBOA's website. Provides that if an entity is declared unauditable and the fiscal officer is unable to perform the fiscal requirements of their position, the entity is required to hire outside assistance for guidance or to perform the fiscal requirements. Clarifies an exception regarding the liability of an elected official for acts that constitute gross negligence or intentional disregard of the official's duties. Requires the SBOA to annually call a conference for: (1) city and town controllers and clerk-treasurers, newly appointed city and town controllers, and city and town clerk-treasurers elect; and (2) township trustees and township trustees elect. Provides that elected officials must attend training every two years and that the SBOA shall keep attendance of elected officials and publish it on the SBOA's website. Makes an exception for school corporation treasurer personal liability. Provides that if there is an office of town clerk-treasurer that is vacant, and the town legislative body is unable to fill the office, the town legislative body may either: (1) enter into a local agreement with the town clerk-treasurer and town legislative body of another town in the state to assist a selected town legislative body member in performing the duties of the clerk-treasurer's office; or (2) enter into a contract with a certified public accountant to assist the town legislative body member in performing the duties of the clerk-treasurer's office. (Current law provides that the town legislative body may only enter into a contract with a certified public accountant after the town legislative body is unable to reach an agreement with another town.) Provides that if, after reasonable diligence, a town may hire any qualified person to perform the duties of the clerk-treasurer's office until the vacancy can be filled, or until the end of the current clerk-treasurer's term, whichever is first. Provides that newly elected officials shall complete five hours of training before taking office. Provides that elected officials shall certify completion of training requirements to the SBOA annually. Excludes self-supporting school lunch and the rental or sale of curricular materials as programs that may be established as separate funds. Repeals obsolete provisions. Makes technical corrections.
 Current Status:   4/20/2023 - Public Law 58
 State Bill Page:   HB1040
 
HB1041STATE BOARD OF ACCOUNTS. (LEHMAN M) Provides that the state board of accounts (SBOA) is designated as the independent external auditor of audited entities and is subject to applicable professional accounting standards. Requires annual reports to be prepared, verified, and filed with the state examiner as set forth in the uniform compliance guidelines. Requires all appointments of field examiners be made solely upon the ground of fitness in accordance with professional accounting and auditing standards. Provides that if an examination of an audited entity is unable to be performed because the audited entity's accounts, records, files, or reports are not properly maintained or reconciled, the audited entity may be declared to be unauditable. Provides that an audited entity that is declared unauditable shall bring its accounts, records, files, or reports into an auditable condition within 90 days. Requires the SBOA to publish a list of audited entities declared unauditable on its website. Revises conditions under which the state examiner may undertake an examination based on a violation of the law. Requires the SBOA to approve a request by an audited entity to opt out of examinations and engage a certified public accountant to conduct examinations if, within the last six years, the SBOA has not issued an examination or special investigation report critical of the audited entity's internal controls and there have been no adverse reports. Provides that the SBOA may terminate its approval of the use of a certified public accountant if certain requirements are not met. Revises the provision regarding field examiner traveling expenses. Makes changes to certain reporting, resolution, and disclosure requirements. Simplifies the provision regarding parties and a plaintiff's right of recovery. Removes provisions regarding additional powers of the state examiner and attorney general. Provides that if the attorney general brings an action against an official bond, official bonds, or a crime insurance policy, the cause may be brought in the name of the state of Indiana upon the relation of the attorney general as plaintiff. Repeals a provision regarding the withdrawal or removal of counties from solid waste management districts. Repeals a provision regarding bonds and crime policies for faithful performance. Repeals a provision regarding examination reports, requisites, performance of public works, and SBOA powers. Repeals a provision regarding copies of reports filed with libraries, public inspections, and request renewals. Makes technical and conforming changes.
 Current Status:   4/20/2023 - Public Law 59
 State Bill Page:   HB1041
 
HB1212PRIVACY PROTECTIONS FOR NONPROFIT ORGANIZATIONS. (KARICKHOFF M) Defines "personal information" as data that directly or indirectly identifies a "person" (including an individual, a corporation, a limited liability company, a government entity, a partnership, a trust, an estate, or other entity) as a: (1) member or supporter of; (2) volunteer for; or (3) donor to; a nonprofit organization. With certain exceptions, prohibits a state agency (including an executive, judicial, or legislative branch agency, state educational institution, or body corporate and politic) or political subdivision from doing the following: (1) Requiring a person or nonprofit organization to provide personal information to the state agency or political subdivision. (2) Releasing, publicizing, or publicly disclosing personal information in the state agency or political subdivision's possession. (3) Requesting or requiring a current or prospective contractor or grantee to provide a list of nonprofit organizations to which the current or prospective contractor or grantee has provided financial or nonfinancial support. Provides that personal information is considered confidential and is not subject to disclosure under Indiana's access to public records act (APRA). Provides that a person alleging a violation of the bill's provisions may bring a civil action for injunctive relief, specified damages, or both. Provides that: (1) a public employee; (2) a public official; or (3) an employee or officer of a contractor or subcontractor for a public agency; who violates the bill's provisions is subject to the penalties and discipline that apply with respect to violations of APRA.
 Current Status:   5/4/2023 - Public Law 221
 State Bill Page:   HB1212
 
HB1454DEPARTMENT 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
 State Bill Page:   HB1454
 
HB1578COVERED PERSONS FOR RESTRICTED ADDRESSES. (O'BRIEN T) Provides that a regular, paid firefighter and a volunteer firefighter are "covered persons" under the statute that requires local government units that operate a public data base website containing the names and addresses of property owners to restrict disclosure to the general public of the covered person's home address. Removes an obsolete date reference.
 Current Status:   4/20/2023 - Public Law 91
 State Bill Page:   HB1578
 
SB65ELECTED 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
 State Bill Page:   SB65
 
SB156TAX SALES. (NIEMEYER R) Provides that a person who acquires a certificate of sale (certificate) may not assign the certificate to a person who was not eligible under the tax sale laws to bid on or purchase real property at a tax sale until the person satisfies the eligibility requirements as determined by the county auditor. Requires a person to acknowledge that the person will not assign a certificate for any real property purchased to a person who is prohibited from bidding on or purchasing real property at a tax sale. Requires the county auditor to determine that an assignee of a certificate is eligible to receive the assignment for an assignment to be valid. Provides that assignments of a certificate must be included on the county auditor's tax sale record. Requires the county, the county auditor, or a county vendor to list certain information concerning tax sales on the website of the county, county auditor, or county vendor for a specified period of time. Specifies that a county or a county vendor is not liable for an act or omission related to making information available on a website.
 Current Status:   4/20/2023 - Public Law 26
 State Bill Page:   SB156
 
SB242FLOODPLAIN 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
 State Bill Page:   SB242
 
SB296SALE OF TAX DELINQUENT REAL PROPERTY. (KOCH E) Defines the term "severed interest" as an improvement, mineral rights, air rights, water rights, or other rights in property in, on, under, or above the land for which the owner or holder of the interest identified in the current real property tax records of the county auditor is sent a separate property tax statement. Provides that the estate in fee simple that is vested in a grantee by a tax deed executed under the law on the sale of tax delinquent property is subject to a lease shown by public record if the tax deed conveys only a severed interest located in, on, under, or above the land. Provides that the rights that an owner of land has in the land, in a lease shown by public record, or in a memorandum of a lease shown by public record are not limited or abrogated by a tax deed conveying an interest in one or more severed improvements.
 Current Status:   4/5/2023 - Public Law 7
 State Bill Page:   SB296
 
SB314ADDRESS CONFIDENTIALITY. (GASKILL M) Makes the following changes to the definition of "covered person" for purposes of the statutes concerning restricted addresses: (1) Replaces a "victim of domestic violence" with an individual who is an address confidentiality "program participant". (2) Includes any person who resides in the same household as a person considered a "covered person". Urges the legislative council to assign to the appropriate interim study committee the topic of studying certain topics regarding address confidentiality protections.
 Current Status:   5/4/2023 - Public Law 180
 State Bill Page:   SB314
 
SB412NATURAL 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
 State Bill Page:   SB412
 
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