Local Government

Shooting ranges.

County coroners.

Real property appraisals.

Notice of annexation outreach meetings.

Annexation.

Employee health plans for county elected officials.

Obtaining copies of recorded documents.

Conservation of agricultural land.

Tourism improvement districts.

Elimination of township assessors.

Local regulation of no impact home based businesses.

Prepayment of assessment installments.

Use of opioid settlement funds.

Annexation.

County coroners.

Mobile home communities and manufactured homes.

Annexation of property for an industrial park.

Annexation of fire protection district territory.

Town of Cumberland.

Battery charged security devices.

Vegetable gardens and livestock.

Leaves of absence for local officeholders.

Annexation of residential development.

Annexation.

Township assessors.

Audits of township governments.

Digital asset mining.

Jail commissary fund reporting.

Eviction assistance grant program.

Land banks.

Appointed members of city or town boards.

Building regulation.

Fire department work schedule.

Annexation.

Dissolution or name change of town.

Annexation.

Riverfront economic development tax area.

County treasurer fees.

Address confidentiality.

Home warranties and regulation of residential structures.

Housing authority commissioner compensation.

Planning and zoning affecting military bases.

Covered persons for restricted addresses.

Toxicology screening for xylazine.

Requirements for elected officials.

Annexation.

Town of Hardinsburg.

Residential tax increment financing.

Annexation remonstrance signature requirements.

Reorganization of municipality and township.

Food hub pilot project.

Local regulation of consumer fireworks.

Property tax assessments.

Dissolution of towns.

Marion County fairgrounds noise mitigation.

Township government matters.

Sale of tax sale properties to nonprofits.

Manufactured housing in mobile home community.

Purchases from youth agricultural programs.

Eminent domain.

Acceptance of electronic conveyance documents.

Land banks.

Tax sales.

Eminent domain.

Marion County sheriff's commissary fund.

Costs of eminent domain proceedings.

Regulation of rental properties.

Local regulation of fireworks.

Compensation of city employees.

Subdividing land.

Dead and dying trees.

Proceeds from the sale of a capital asset.

Ordinances.

Fire protection territories.

Planning and zoning.

Tax sales.

Agricultural and forestry activity.

Proof of mailing date.

Requests for law enforcement at rental properties.

Tax increment financing.

Regional redevelopment.

State museum and historic sites corporation.

Libraries.

Subdividing land.

Disposal of property acquired by tax default.

Fire protection territories.

Regulated drains and environmental concerns.

Redevelopment commission land purchases.

Local government matters.

Repeal of housing restriction on local government.

Construction managers as constructors. Repeals a provision in the construction manager as constructor statute that establishes a time period for public agencies (other than state educational institutions) to use the construction manager as constructor statute. Provides that for purposes of the construction manager as constructor statute, the term "public agency" includes a public library and the health and hospital corporation.

Township government issues. Requires a township to prepare a capital improvement plan for at least the ensuing three years if the balance in certain capital improvement funds in the preceding year exceeds both of the following: (1) 150% of the township's annual budget estimate. (2) $200,000. Prohibits the township from collecting property taxes for certain capital improvement funds in the ensuing year unless the township has adopted a capital improvement plan. Allows a township to make a one time transfer of an excess balance or part of an excess balance between township funds. Provides that the transfer may not be completed until after the township adopts a capital improvement plan, if the township is required to adopt a capital improvement plan. Requires the transfers must be completed not later than September 1, 2020. Provides that if an eligible municipality petitions an adjacent township to accept the transfer of the territory of the eligible municipality that is within the transferor township, the legislative body of the adjacent township must accept transfer of the territory of an eligible municipality within two years (instead of one year) after the legislative body receives the petition. Repeals a provision that prohibits the transfer of territory from taking effect in the year before a federal decennial census is conducted.

Construction permits. Provides that a local unit may not require, as a condition precedent to granting, issuing, or approving certain permits for any Class 1 or Class 2 structures, completion of work upon which the performance bond or other surety was obtained prior to recording the secondary plat. Provides that a local unit may not require, as a condition precedent to granting, issuing, or approving a certificate of occupancy for any Class 1 or Class 2 structure, the completion of work upon which the performance bond or other surety was obtained prior to recording the secondary plat, unless required under certain state building laws or another law to meet a local unit's basic needs for public health and safety. Requires a local governmental agency to issue certain permits to a person not later than 12 business days after the person has filed a completed application and meets all required conditions, in certain instances.

Property tax appeals. Requires a county or township official who receives a written appeal notice from a taxpayer to forward the notice to the county auditor, if the taxpayer raises a claim regarding a matter that is in the discretion of the county auditor. Provides that the county auditor is a party before the county property tax assessment board of appeals and for any appeal of the board's decision in an appeal related to a matter that is in the discretion of the county auditor. Specifies the notice that the Indiana board of tax review (Indiana board) must file with the tax court regarding the preparation of a certified record of the proceedings related to a petition for which judicial review has been sought. Repeals a statute requiring the Indiana board to recommend that parties settle or mediate any case pending before the board if certain conditions are met. Provides that certain burden shifting requirements do not apply if the assessment that is the subject of the review or appeal is based on substantial renovations or new improvements. Provides that "small claim" means an appeal where the parties have elected to proceed under the Indiana board's small claims rules. (Current law defines the term as an appeal of a final determination of assessed valuation that does not exceed $1,000,000.) Provides that a party must be able to elect out of the small claims rules.

County park boards. Makes changes to: (1) the procedure for a county to adopt an ordinance creating a department of parks and recreation (department); and (2) the composition of the county park board (county board). Requires that if the county fiscal body amends the ordinance that created a department as to the members of the county board, the amended ordinance must provide that the composition of the members of the county board are selected in accordance with the remainder of the bill. Prohibits a county fiscal body (after December 31, 2019) from adopting an ordinance to create a department. Provides that, if the county fiscal body has not adopted an ordinance or has repealed the ordinance creating a department before January 1, 2020, the county executive may adopt an ordinance to create a department. Provides that in a county that has an ordinance that is in effect on June 30, 2019, the ordinance is unchanged unless amended or repealed by the county fiscal body and specifies that the county board in such a county is governed by the current law for the composition of the county board. Sets forth who may serve as an ex officio member of the county board created by the county executive using the procedure added by the bill. Makes conforming and stylistic changes.

Training for local government officers. Adds a definition of "training course" for purposes of the training requirements that are applicable to the executive, legislative, and fiscal bodies of counties, cities and towns. Requires the Indiana office of community and rural affairs (office) to develop and make available courses to train members of the following county, city, and town bodies: (1) A plan commission and board of zoning appeals. (2) A county drainage board. Provides that the office may work in cooperation with public and private organizations and state educational institutions in developing and making the training courses available. Requires a member of a county, city, or town body to complete the training by the later of the following dates: (1) Twelve months after the member is elected or appointed. (2) July 1, 2020. Allows a county, city, or town to fix the compensation of a building inspector that has attained certification from the International Code Council at a salary that is higher than a building inspector that has not attained certification. Provides that an individual elected to the office of county auditor, treasurer, recorder, or surveyor must take a newly elected official training course before the individual first takes the office. Provides that money in the county elected officials training fund (fund) may be used to provide to county auditors, treasurers, recorders, and surveyors the following: (1) Travel, lodging, and related expenses associated with any training paid for from the fund. (2) Training of one or more designees of a county elected official if sufficient funds are appropriated by the county fiscal body. Provides that money in the fund may be used for the newly elected official training course expenses. Provides that the failure of an individual to complete the required training does not prevent the individual from taking an office to which the individual was elected. Provides that a county, city, or town may pay the training expenses of a member of the executive, legislative, or fiscal body from the county, city, or town's general fund without appropriation.

Local government matters. Allows a political subdivision to provide for automatic enrollment of employees hired after June 30, 2019, in the political subdivision's deferred compensation plan, if the employee does not reject enrollment in the plan within a specified time period. Allows political subdivisions (except school corporations) that make a preliminary determination after June 30, 2019, as to whether a project is a controlled project to deduct from the project cost any funds segregated for use in the project that are in the political subdivision's capital improvement plan or other plan. (Current law applies only to political subdivisions other than school corporations in Hamilton County.) Allows a municipality to make deposits to a vendor or service provider to ensure the municipality's performance of a contract for the purchase of: (1) personal property having a cost of more than $150,000; or (2) the services of a performer or performers that a municipality contracts with for performing at an entertainment, cultural, or recreational event or activity. Requires the clerk and fiscal officer of all cities and towns to complete at least: (1) 14 hours of training courses within one year; and (2) 36 hours of training courses within three years. Provides that a training course that an individual completes after being elected or appointed as clerk or fiscal officer of a city or town and before the individual begins serving in office applies toward the training requirements. Requires all city and town clerks and fiscal officers to fulfill the training requirements for each term the clerk or fiscal officer serves in office. Provides, in the case of a city or town that reorganizes, that the individual who performs the functions of clerk or fiscal officer for the reorganizing city or town shall comply with the training requirements for the reorganized political subdivision. Allows the board governing a: (1) municipal water or sewer provider; (2) municipal department of sanitation; or (3) sewage disposal plant service provider; to fix the time within which service charges become delinquent and service may be discontinued due to nonpayment of charges. (Currently these time periods are provided by statute.)

Residency of public safety officers. Provides that a city or town (municipality) may adopt an ordinance requiring a member of the police or fire department (department) to reside within the municipality within a period of time specified in the ordinance, but not sooner than six months after the date the ordinance is adopted or the member is hired by the department.

Regulated drains and environmental concerns. Authorizes a county surveyor to classify a regulated drain as a drain in need of reconstruction if: (1) the functionality of the drain is compromised; and (2) the drain could, at a reasonable cost, be reconstructed to perform the function for which it was designed while also better serving the interests of public health or significantly reducing undesirable environmental effects, or while also providing flood reduction benefits. Authorizes a county surveyor to classify a regulated drain as a drain in need of periodic maintenance if the drain can be made: (1) to perform the function for which it was designed and constructed; (2) to properly drain affected land; and (3) to better serve the interest of public health, produce fewer undesirable environmental effects, or provide flood reduction benefits; through periodically cleaning, spraying, removing obstructions from, and making minor repairs, additions, or alterations to the regulated drain. Provides that the maintenance fund established for a regulated drain or combination of regulated drains may be used to: (1) better serve the interests of public health; (2) reduce undesirable environmental effects; (3) provide flood reduction benefits; (4) improve drainage control; or (5) provide drainage water storage infrastructure or technology associated with water that flows in or into a particular regulated drain or combination of regulated drains. Authorizes a county surveyor, when determining the best method of reconstructing a regulated drain or the best method of drainage for the area to which a petition to establish a new regulated drain relates, to consider cost effective drainage designs that limit undesirable environmental effects, improve public health, or provide flood reduction benefits.

Wind farm conflicts of interest. Amends the statute that establishes the criminal offense of conflict of interest by a public servant to provide that a public servant who serves a unit in which a proposed wind farm development is being considered commits an offense under the statute if either of the following apply: (1) The public servant knowingly: (A) has or will have a pecuniary interest in; or (B) derives or will derive a profit from; a contract or purchase related to the proposed wind farm development. (2) The wind farm developer does, or offers to do, certain specified acts related to the proposed wind farm development and involving the public servant's role as a public official. Provides that a public servant does not commit an offense under the statute if the public servant makes a written disclosure that describes the nature of the conflict the public servant has with respect to the proposed wind farm development. Requires a wind farm developer that seeks to install or locate one or more wind power devices in a unit to make certain disclosures regarding conflicts of interest involving elected or unelected officials with respect to the proposed project. Provides that a wind farm developer shall make the required disclosures as necessary throughout all phases of the proposed project and continuing for one year after the date on which all wind power devices included in the project are fully operational. Prescribes the form and manner in which the disclosures must be made. Confers authority upon the attorney general to investigate and adjudicate complaints alleging violations of the disclosure requirements. Provides that upon determining that a wind farm developer has violated the requirements, the attorney general may impose a civil penalty of not more than: (1) $50,000 for the first violation; and (2) $100,000 for any subsequent violation.

Inspections of rental properties. Provides that a political subdivision shall establish and enforce a program for inspecting and registering rental units.

Township trustees and board members. Provides that in a county other than Marion County, an individual may not be a candidate for township trustee or a member of the township board if a member of the individual's immediate family (parent, sibling, or spouse) is the township trustee or a member of the township board and whose term of office does not end after that election. Provides that in a county other than Marion County, if an immediate family member of a candidate for election to a township board is elected as the township trustee, the candidate for election to the township board is not elected to the township board (if the township board candidate would otherwise be elected). Provides that in a county other than Marion County, if two or more candidates for election to a township board are immediate family members, only one of the candidates can be elected. Provides that if an individual is an immediate family member of the township trustee of a township, or of a member of the township board of the township, that individual is not eligible to fill a vacancy in the office of township trustee or township board member.

Economic improvement districts. Provides that a petition to establish an economic improvement district (district) may be filed with the clerk (in the case of a municipality) or the county auditor (in the case of the county). Requires a person that intends to file a petition for the establishment of a district to first provide the clerk or county auditor with written notice of the person's intent before initiating the petition process. Provides that a petition for the establishment of a district may be filed with the clerk or county auditor not later than 120 days after the date on which

Subdivision drain repair pilot program. Creates a pilot program for Indianapolis (excluding Lawrence, Speedway, Beech Grove, and Southport) and Johnson County (not including incorporated areas) regarding subdivision drain repairs. Authorizes the executive of a county or a consolidated city (unit) to enter into a contract with a subdivision homeowners association providing: (1) for the unit to repair subdivision drains located in the subdivision; and (2) for owners of property in the subdivision to pay assessments to fund the repairs; if a majority of the members of the homeowners association approve the contract. Provides that a contract between the unit and

Annexation remonstrance waivers. Permits a municipal works board to waive the requirement in a sewage works contract that a property owner releases the property owner's right to remonstrate against pending or future annexations by the municipality of the area served by the sewage works.

Cemetery maintenance expenses. Defines "immediate maintenance needs" of a cemetery and specifies that the income from a cemetery's perpetual care fund may be used to meet the cemetery's immediate maintenance needs. Provides that money in a cemetery's perpetual care fund may be invested in certificates of deposit, mutual funds, money market mutual funds, and other interest bearing accounts or funds. Allows a cemetery to obtain maintenance funds from the state consumer protection fund for cemetery maintenance (fund) if the appreciation and income of the principal of the cemetery's perpetual care fund are not sufficient to meet the cemetery's immediate maintenance

Township assistance for cemetery maintenance. Authorizes the trustee of a township to provide financial assistance for maintenance purposes to a cemetery that is operated by a nonprofit organization and located in the township if the trustee reasonably believes that: (1) the funds available to the cemetery from its perpetual care fund and other sources are not sufficient to provide for the necessary maintenance of the cemetery; and (2) providing financial assistance to the cemetery will help to prevent the full responsibility for maintenance of the cemetery from falling on the township. Requires a township trustee of a township that assists

Ordinance enforcement courts. Permits a city, town, or county (unit) to establish an ordinance violation court to adjudicate ordinance or code violations committed within the unit. Establishes the powers and duties of the court, and provides that the only court fee that may be collected by the ordinance violation court is an ordinance court fee, which may not exceed $200. Specifies that the ordinance court fee must be deposited in the general fund of the unit.

Sewer and storm water fees incurred by tenants. Establishes billing procedures for municipal sewage or storm water user fees assessed for real property that is occupied by someone other than the owner. Provides that a lien does not attach for user fees assessed against real property occupied by someone other than the owner under certain circumstances. Requires the assessing entity to release certain liens and delinquent user fees upon receipt of a verified demand in writing from the owner.

Compensation of county sheriff. Specifies the statutory provisions for fixing the compensation of the county sheriff.

Zoning variance procedures. Eliminates a requirement that a board of zoning appeals (board) must provide notice by publication before a hearing on an administrative appeal, exception, use, or variance. Prohibits a board from requiring a party by rule or ordinance to: (1) provide notice by publication; or (2) assume the cost of notice by publication and due notice to interested parties.

Zoning and construction permits. Provides that in the case of a zoning proposal for property within close proximity to a county line, notice to the property owners in the adjacent county to a certain depth is required if the proposal: (1) references a specific parcel of real estate; and (2) is unrelated to the adoption, amendment, or repeal of the text or zone maps of a county zoning ordinance. Provides that the granting of secondary, additional or related permits under local planning and zoning laws are to be governed for at least three years by standards and regulations in effect

Executive sessions and open records. Provides that a governing body may admit to an executive session of the governing body an individual who has been elected to the governing body but has not been sworn in as a member of the governing body. Allows a state educational institution to: (1) meet in executive session to discuss certain matters concerning establishment of a collaborative relationship or venture to advance the research, engagement, or education mission of the state educational institution; and (2) withhold records from public disclosure that are created while the negotiations are in progress. Amends the tabulation of a

Tax sales. Specifies deadlines related to acquiring a tax deed for real property if a county assigns a certificate of sale for the real property to a political subdivision. Eliminates a conflict with an administrative order of the Indiana supreme court concerning cause numbers.

County, city, and town officer salary waivers. Allows an elected officer of a county, city, or town to waive all or part of the officer's compensation. (Current law allows a town officer to waive all of the officer's compensation.)

Storm water management user fees. Provides that if the department of public works of a consolidated city adopts a storm water master plan and the master plan delineates the geographic area of the county benefited by the storm water management projects included in the master plan, the board of public works of the consolidated city may not assess or collect user fees from the owners of property that is located in the county but not located within the geographic area delineated in the master plan as benefited by the storm water management projects included in the master plan.

Tax sale specifications of real property. Requires tax sale documents, such as notices and court filings, to specify real property by parcel number, if any, key number, if any, and street address, if any. Requires the full legal description of real property that is sold at a tax sale to be entered on the tax deed. Makes technical corrections.

Municipal planning commissions. Allows the county executive to appoint additional citizen members to a city plan commission to represent the unincorporated area of the city's two mile "buffer zone". (Under current law, only town plan commissions may have these additional citizen members.) Resolves an ambiguity in the statute that exists regarding the residency, initial terms, and appointment of four additional citizen members.

County coroner compensation. Provides that a coroner who: (1) is a registered nurse; and (2) possesses a bachelor's degree in nursing and a master's degree in nursing, or an equivalent to a master's degree in nursing; is entitled to the same compensation as a licensed physician who serves as a coroner. Makes a technical amendment.

Property tax assessment appeals. Provides that costs that may be reimbursed to a county assessor in defending an assessment appeal include legal fees.

Planning and zoning. Changes the definition of "urban area" for purposes of a land use provision regarding the use and alienation of mineral resources or forests to include any lands or lots used for residential purposes where there are at least 50 residences (instead of eight residences) within any quarter mile square area.

Local government matters. Provides that in the case of the construction, remodeling, redevelopment, rehabilitation, or repair of real property that is: (1) paid for by a private person using public funds; and (2) owned by a private person after completion of the project; the county assessor must reassess the property by carrying out a physical inspection. Provides that in the case of a city park board, the appointee by the school board may be either a member of the school board or a resident of the school corporation. (Under current law, such an appointee must be a member of the

Traffic enforcement in residential complexes. Allows a unit to enforce moving traffic ordinances on the property of a residential complex if the following apply: (1) The unit adopts an ordinance permitting the enforcement of such ordinances in residential complexes. (2) The owner of the residential complex enters into an enforcement contract with the unit. (3) The owner of the residential complex installs signs notifying residents and visitors of the enforcement of moving traffic ordinances. Requires a unit's law enforcement agency to issue e-tickets for moving violations in a residential complex if the law enforcement agency already issues e-tickets for other

Requirements for professional services bills. Allows the St. Joseph County legislative body to adopt an ordinance establishing requirements for the billing of professional services to the county.

Public official surety bonds. Requires that copies of political subdivision personnel bonds must be filed with the county auditor or fiscal officer of the political subdivision and with the state board of accounts. Requires the state board of accounts to maintain a database of received bonds. Requires certain public employees and contractors that have access to public funds to file a bond. Specifies guidelines for fixing the amount of certain bonds. Provides for purchase of a blanket bond that includes aggregate coverage.

Sale of nonsurplus municipal water utility property. Amends the procedures for the sale or disposition of nonsurplus municipally owned water, wastewater, or combined water and wastewater utility property as follows: (1) Provides that the municipal legislative body shall hold the required hearing on the sale or disposition not later than 90 days (instead of 45 days under current law) after the return of the appraisal concerning the property. (2) Provides that the legislative body may adopt an ordinance providing for the sale or disposition not less than 30 days or more than 60 days after the date of the required

Local government budget notices; public records. Reinstates the following expired statutes concerning local government budget notices through 2020: (1) A provision that if the budget notice is not timely published due to the fault of a newspaper, the notice is a valid notice if it is published one time at least three days before the budget hearing. (2) A provision allowing the department of local government finance (DLGF) to correct certain errors or omissions that cause the budget notice to inaccurately reflect the tax rate, tax levy, or budget of a political subdivision. (3) The requirement that a political subdivision

Sewer rates for multipurpose buildings. For purposes of thestatute governing sanitation districts in certain municipalities, providesthat in establishing sewer fees, a district must provide for: (1) the apportionment or proration of fees assessed with respect to a multipurpose building in a manner that recognizes the different purposes to which the multipurpose building is put; or (2) the application of different fee schedules or classifications of fees to the individual units or parts of a multipurpose building in a manner that recognizes the primary purpose of the individual units or parts. Provides that any schedule of fees that: (1) is adopted

Publication of proposed budgets. Provides that a political subdivision shall publish its budgets and related notices both in a newspaper and electronically on the computer gateway.

Removal of obstructions from streams. Amends the law providing for the removal of obstructions from mutual drains and natural surface watercourses to make the law apply also to the removal of obstructions from streams. Provides that the owner of a tract of land that is adversely affected by an obstruction in a stream may petition the drainage board of the county in which the obstruction is located for the removal of the obstruction, even if the owner's tract of land is not located in the county in which the obstruction is located. Provides for an investigation by the county surveyor

Municipal water utility liens. Provides that rates and charges of a municipally owned water utility constitute a lien against property served by the utility. Provides that the method for attachment and enforcement of municipal water utility liens is the same as the method for municipal wastewater utility liens.

Abandoned and vacant property. Specifies that there must be delinquent property taxes or special assessments on real property before it may be sold by the county treasurer as abandoned or vacant property. Provides that an order of a local building standards hearing authority that real property is abandoned or vacant and nonpayment of the associated penalty permits the executive of the county, city, or town to certify to the county auditor that the real property should be sold as abandoned or vacant property. Provides that a hearing authority may use the same standards that are used by a court in

Recording of new lots. Provides that if an instrument dividing land requires issuance of a new tax identification number: (1) the county auditor may not endorse the instrument; and (2) the recorder may not record the instrument; unless the plan commission executes a written confirmation that the property division complies with local regulations concerning minimum lot frontage, width, and area, and with the subdivision and platting of land. Provides that the plan commission may not charge a fee for issuing a written confirmation. Requires the recorder to record the confirmation as an attachment to the instrument. Provides that these requirements

Mortgage recording fee. Increases from $3 to $8 the fee to be collected for each mortgage on real estate that is recorded. Requires the $5 increase to be deposited in the county surveyor's corner perpetuation fund.

Municipal utility service.

Development around military base.

Recorder's record perpetuation fund.

Restricted addresses of judges.

Tax sales and abandoned houses.

Commitments concerning use of real property.

Property tax sales.

Annexation.

Inmate trust fund administration.

Abstract of township receipts and expenditures.

Public records.

Historic preservation.

Utilities; economic development.

TIF districts for housing programs.

Public offices.

Township board meetings.

Various local government matters.

Drainage issues.

Fund transfers.

Annexation.

Limitation of home rule power.

Storm water fees.

Expenses of property tax appeals.

Salaries of municipal elected officers.

Clerk of a second class city.

Collection of sales disclosure form penalties.

Political affiliation of local board appointees.

Sewer rates for multipurpose buildings.

Municipal utility funds and economic development.

Guaranteed energy savings contracts.