Indiana 2022 Regular Session All Bills

IN

Indiana 2022 Regular Session

Indiana House Bill HB1022

Introduced
1/4/22  
Annexation and zoning. Provides the following with regard to an annexation of territory (territory) that is at least 80% contiguous to the municipality: (1) The municipality must conduct three (instead of six) public information meetings regarding the proposed annexation. (2) A landowner may not remonstrate against the annexation. (3) The county executive may void the annexation. (4) A landowner may file a court action to void an annexation on the grounds that the municipality failed to fulfill certain statutory requirements. If successful, the landowner may collect attorney's fees and costs. (5) If voided, a municipality may not attempt another annexation of the territory for four years. Specifies, with regard to a request for a variance on property abutting a county line, who is an interested party and must be given notice of the variance hearing. Requires a board of zoning appeals to consider any effect that approval of a variance from development standards may have on wells and septic systems. Makes the following changes with regard to area plan commissions: (1) Allows only the appointing authority to remove a member of an area plan commission. (2) Requires the county legislative body (instead of the area plan commission) to appoint the executive director for an area planning department.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1023

Introduced
1/4/22  
Child services funding. Requires the department of child services (department) to annually review the hourly and per diem reimbursement rates for community based providers compared to the average statewide cost of providing services. Requires the department to establish individualized compensation rates for child caring institutions, group homes, and child placing agencies that are based on the cost of providing care and services. Requires the department to increase the hourly family preservation rates by 15%.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1024

Introduced
1/4/22  
Classifying coroners as first responders. Adds coroners, deputy coroners, and medicolegal death investigators to the list of designated Indiana first responders.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1025

Introduced
1/4/22  
Septic system inspection and well water testing. Provides that, after June 30, 2023, if a dwelling is connected to a residential onsite sewage system: (1) the residential onsite sewage system must be inspected by a qualified inspector and the property owner must state the inspector's determination in the real estate sales disclosure form required under current law; and (2) if the residential onsite sewage system is not inspected, if the inspector determines that the residential onsite sewage system is failing and the property owner does not state the inspector's determination in the disclosure form, or if the property owner does not submit a disclosure form to the buyer before accepting the buyer's offer, the transaction transferring ownership of the dwelling is voidable at the election of the buyer, even after the closing. Provides that, after June 30, 2023, a county recorder may not record a deed transferring a fee simple interest in a nondwelling structure connected to a commercial onsite sewage system unless: (1) the commercial onsite sewage system is inspected by a qualified inspector; (2) a document certifying that the inspection has been conducted and setting forth the inspection results is provided to the local health department, the county recorder, and the person to whom the fee simple interest is being transferred; and (3) if the commercial onsite sewage system exhibits any condition constituting system failure, the person to whom the fee simple interest in the nondwelling structure is being transferred presents to the local health department and the county recorder an affidavit stating that the cause of system failure: (A) has been eliminated; or (B) will be eliminated before the person uses the nondwelling structure for the purpose for which the person is acquiring the structure. Provides that, after June 30, 2023, a county recorder may not record a deed transferring a fee simple interest in a lot or tract of land containing a water well in addition to a residential or commercial onsite sewage system unless: (1) water from the water well is tested by a qualified tester for the presence of arsenic, nitrate, lead, and coliform bacteria; and (2) a document certifying that the testing has been conducted and setting forth the results is provided to the local health department, the county recorder, and the person to whom the fee simple interest is being transferred. Establishes exceptions to these inspection and testing requirements. Provides that the failure of the property owner to provide the document certifying and setting forth the results of the commercial onsite sewage system inspection or well water testing: (1) is a complete defense to an action brought by the property owner against a prospective transferee for breach of a contract to purchase the property; and (2) is a breach of a legal duty owed to a transferee for which the transferee may bring a civil action for compensatory damages. Requires the state department of health to adopt rules.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1026

Introduced
1/4/22  
Certificates of salvage title. Provides that the bureau of motor vehicles (bureau) may issue a certificate of salvage title to a vehicle designated as "JUNK", "DISMANTLED", "SCRAP", "DESTROYED", or a similar designation in another state or jurisdiction. Provides that a vehicle may be issued a certificate of salvage title if the person that owns the vehicle does the following: (1) Surrenders the certificate of title containing the appropriate designation and showing proof of ownership. (2) Submits two photographs of the vehicle showing the damage to the vehicle. (3) Submits two estimates showing the damage to the vehicle, and that the cost of repairing the vehicle does not exceed 70% of the fair market value immediately before the vehicle obtained the designation "JUNK", "DISMANTLED", "SCRAP", "DESTROYED", or a similar designation in another state or jurisdiction. Sets forth the required information the bureau must place on a certificate of salvage title. Makes conforming changes.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1027

Introduced
1/4/22  
Individual adjusted gross income tax rate. For taxable years beginning after December 31, 2022, reduces the tax rate imposed on the adjusted gross income of every resident person, and on the part of adjusted gross income derived from sources within Indiana of every nonresident person, from 3.23% to 3%.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1028

Introduced
1/4/22  
Student hunger and homelessness. Establishes the student hunger and homelessness study committee (committee) for the purposes of: (1) studying the prevalence of homelessness, housing insecurity, and food insecurity among students at Indiana colleges and universities during the 2022 academic year; and (2) providing suggestions for eliminating these issues. Provides that the committee must determine, as accurately as practicable, the number of Indiana college and university students who are homeless, housing insecure, or food insecure. Provides that the committee consists of: (1) an employee of the family and social services administration; (2) an employee of the department of child services; (3) an employee of the department of education; (4) an employee of the commission for higher education; (5) an employee of the Indiana housing and community development authority; (6) a member of the commission on improving the status of children in Indiana; and (7) an employee of each state educational institution. Provides that the committee may solicit assistance from private groups, colleges, and universities in performing the study. Requires the committee to report the results of the study to the governor and the legislative council not later than July 31, 2023.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1029

Introduced
1/4/22  
Citizen's arrests. Specifies that a person may perform a citizen's arrest only if: (1) the arrest is justified under the self-defense statute; (2) the arrest is justified under the shoplifter or unlawful recording detention statutes; or (3) the arrest is based on a criminal offense committed on private property in the presence of the arresting person, if the arresting person has a contractual interest in the property or is an employee of an establishment located on the property. Makes conforming amendments.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1030

Introduced
1/4/22  
Mental health professionals. Allows a political subdivision, in consultation with the technical assistance center, to contract with mental health providers for the purpose of supplementing existing crisis intervention teams with mental health professionals. Specifies certain eligibility requirements for mental health professionals seeking an appointment to a crisis intervention team. Requires a mental health professional who is appointed to a crisis intervention team to accompany responding law enforcement or police officers to a call involving a mental health or substance abuse disorder crisis. Provides that a law enforcement or police officer (officer) may not be held liable for damages, including punitive damages, for any act or omission related to a mental health professional's contribution to a crisis intervention team or a crisis intervention team response. Specifies that no other person or entity may be held liable for certain damages by reason of an agency relationship with an officer. Defines certain terms.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1031

Introduced
1/4/22  
Wage history and wage range inquiries. Prohibits, with certain exceptions, an employer from using an applicant's wage history in the hiring process. Prohibits, in certain situations, an employer from relying on the wage history of an applicant for employment. Prohibits employers from failing or refusing to provide an applicant for employment the wage range for the position for which the applicant is applying. Requires an employer to provide to an employee the wage range for the employee's job under certain circumstances. Allows for the department of labor (department) to receive and investigate complaints. Provides that the department may do the following: (1) Issue a warning for the first violation. (2) Impose a civil penalty of $50 for the second violation. (3) Impose a civil penalty of $100 for the third violation and each subsequent violation. Requires the department to maintain a list of employers who have four or more violations and provide the list to the office of the chief equity, inclusion, and opportunity officer (office). Requires the office to post the list on the equity data portal. Provides that if an employer is found to have violated this chapter, the employer shall notify its employees of the violation.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1032

Introduced
1/4/22  
Refer
1/4/22  
Human immunodeficiency virus. Removes sentencing enhancements for battery and malicious mischief that relate to the human immunodeficiency virus (HIV). Repeals certain offenses concerning the donation, sale, or transfer of blood or semen that contains HIV. Makes conforming amendments.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1033

Introduced
1/4/22  
Professional employer organizations. Provides that, for purposes of the unemployment compensation system law, a professional employer organization (PEO): (1) that enters into a professional employer agreement is not treated as a successor employer or as receiving a transfer of a trade or business; (2) that elects to use the PEO level reporting method is liable for contributions, interest, penalties, and surcharges for the duration of a professional employer agreement unless the PEO elects to change to the client level reporting method; and (3) is permitted to apply certain wages to the maximum amount of wages that are subject to contributions to the system. Provides that certain changes in a PEO relationship do not make a client a successor employer. Provides that a PEO that has made an election to use the client level reporting method may file a request for clearance with the department of workforce development.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1034

Introduced
1/4/22  
Refer
1/4/22  
Report Pass
1/18/22  
Engrossed
1/25/22  
Refer
2/1/22  
Report Pass
2/15/22  
Enrolled
2/23/22  
Passed
3/8/22  
Chaptered
3/8/22  
Tax increment financing. Provides that a lien resulting from an agreement between a redevelopment commission (commission) and a taxpayer in an allocation area takes priority over any existing or subsequent mortgage, other lien, or other encumbrance on the property, and must have parity with a state property tax lien under IC 6-1.1-22-13. Provides that a lien resulting from a taxpayer agreement will have the priority of real property taxes and may be enforced and collected in all respects as real property taxes. Provides that a commission, or two or more commissions acting jointly, may contract for marketing and advertising of land located in an allocation area. Imposes a limitation on the amount available to be spent on the marketing and advertising of land in an allocation area.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1035

Introduced
1/4/22  
Refer
1/4/22  
Highway work zone speed enforcement pilot program. Authorizes the state police department and the Indiana department of transportation to establish the automated work zone speed enforcement pilot program (pilot program) to enforce highway work zone speed limits. Creates the automated work zone speed enforcement pilot program fund to deposit fines collected by the pilot program.
IN

Indiana 2022 Regular Session

Indiana House Bill HB1036

Introduced
1/4/22  
Refer
1/4/22  
Watershed development commissions. 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. 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. Sets forth certain flood control and drainage purposes for which a watershed development commission may be established. Requires a watershed development commission to develop a flood control and drainage plan for its designated watershed and grants a watershed development commission exclusive authority to perform drainage and flood control activities within the channel of the river that is the surface water outlet of the commission's designated watershed. Provides for a watershed development commission to be governed by a board that includes the director of the department (or the director's designee) and one representative of each member county. Establishes an advisory committee for each watershed development commission to provide counsel to the board. Provides for the funding of a watershed development commission through an annual special assessment against each taxable parcel of real property that is located: (1) in a member county; and (2) within the designated watershed of the watershed development commission. Authorizes a member county to adopt any of three alternative methods of funding the watershed development commission. Authorizes a watershed development commission to give preference to an Indiana business over an out-of-state business in contracting for public works. Allows the Maumee River basin commission, the St. Joseph River basin commission, or the Upper Wabash River basin commission to be transformed into a watershed development commission if the county executives of all participating counties, by vote of at least two of the three members of the county executive, approve the proposed transformation.

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