*HB1075.1*
January 12, 2022
HOUSE BILL No. 1075
_____
DIGEST OF HB 1075 (Updated January 12, 2022 10:16 am - DI 87)
Citations Affected: IC 2-5; IC 4-3; IC 4-10; IC 4-23; IC 8-10;
IC 10-11; IC 11-12; IC 36-1; IC 36-7; IC 36-7.5; IC 36-8.
Synopsis: Commissions and committees. Repeals the following: (1)
Indiana advisory commission on intergovernmental relations. (2) Public
highway private enterprise review board. (3) Lake Michigan marina
and shoreline development commission. (4) Orange County
development advisory board. Makes conforming changes. Assigns to
the interim study committee on government the task of studying
activity of various groups and interstate compacts each even-numbered
year. Requires the budget agency to review the salary matrix biennially.
Moves a definition from a statute being repealed. Reduces the number
of members who must be appointed to a community corrections
advisory board.
Effective: Upon passage; July 1, 2022.
Pressel, Bartels, Miller D, Jordan
January 4, 2022, read first time and referred to Committee on Government and Regulatory
Reform.
January 12, 2022, amended, reported — Do Pass.
HB 1075—LS 6784/DI 148 January 12, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1075
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 2-5-1.3-13, AS AMENDED BY P.L.148-2021,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 13. (a) A study committee shall study the
4 issues assigned by the legislative council that are within the subject
5 matter for the study committee, as described in section 4 of this
6 chapter.
7 (b) In addition to the issues assigned under subsection (a), the
8 interim study committee on roads and transportation shall advise the
9 bureau of motor vehicles regarding the suitability of a special group (as
10 defined in IC 9-13-2-170) to receive a special group recognition license
11 plate for the special group (as defined in IC 9-13-2-170) for the first
12 time under IC 9-18.5-12-4 and the suitability of a special group (as
13 defined in IC 9-13-2-170) to continue participating in the special group
14 recognition license plate program under IC 9-18.5-12-5.
15 (c) In addition to the issues assigned under subsection (a), the
16 interim study committee on corrections and criminal code shall review
17 current trends with respect to criminal behavior, sentencing,
HB 1075—LS 6784/DI 148 2
1 incarceration, and treatment and may:
2 (1) identify particular needs of the criminal justice system that can
3 be addressed by legislation; and
4 (2) prepare legislation to address the particular needs found by the
5 committee.
6 (d) In each even-numbered year, in addition to the issues assigned
7 under subsection (a), the interim study committee on courts and the
8 judiciary shall review, consider, and make recommendations
9 concerning all requests for new courts, new judicial officers, and
10 changes in jurisdiction of existing courts. A request under this
11 subsection must include at least the following information to receive
12 full consideration by the committee:
13 (1) The level of community support for the change, including
14 support from the local fiscal body.
15 (2) The results of a survey that shall be conducted by the county
16 requesting the change, sampling members of the bar, members of
17 the judiciary, and local officials to determine needs and concerns
18 of existing courts.
19 (3) Whether the county is already using a judge or magistrate
20 from an overserved area of the judicial district.
21 (4) The relative severity of need based on the most recent
22 weighted caseload measurement system report published by the
23 office of judicial administration.
24 (5) Whether the county is using any problem solving court as
25 described in IC 33-23-16-11, and, if so, the list of problem solving
26 courts established in the county, and any evaluation of the impact
27 of the problem solving courts on the overall judicial caseload.
28 (6) A description of the:
29 (A) county's population growth in the ten (10) years before the
30 date of the request; and
31 (B) projected population growth in the county for the ten (10)
32 years after the date of the request, to the extent available;
33 and any documentation to support the information provided under
34 this subdivision.
35 (7) A description of the county's use of pre-incarceration
36 diversion services and post-incarceration reentry services in an
37 effort to decrease recidivism.
38 (8) If the request is a request for a new court or new courts, an
39 acknowledgment from the county fiscal body (as defined in
40 IC 36-1-2-6) with the funding sources and estimated costs the
41 county intends to pay toward the county's part of the operating
42 costs associated with the new court or new courts.
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1 The office of judicial administration shall post the list of required
2 information provided under this subsection on its Internet web site.
3 (e) In each even-numbered year, in addition to the issues assigned
4 under subsection (a), the interim study committee on courts and the
5 judiciary shall review the most recent weighted caseload measurement
6 system report published by the office of judicial administration and do
7 the following:
8 (1) Identify each county in which the number of courts or judicial
9 officers exceeds the number used by the county in that report
10 year.
11 (2) Determine the number of previous report years in which the
12 number of courts or judicial officers in a county identified in
13 subdivision (1) exceeded the number used by the county in that
14 particular report year.
15 (3) Make a recommendation on whether the number of courts or
16 judicial officers in the county should be decreased.
17 The office of judicial administration shall post a list of the number of
18 courts or judicial officers used in each county for each report year, and
19 the number of years in which the number of courts or judicial officers
20 in the county has exceeded the number used by the county, on its
21 Internet web site.
22 (f) In addition to studying the issues assigned under subsection (a),
23 the interim study committee on child services shall:
24 (1) review the annual reports submitted by:
25 (A) each local child fatality review team under IC 16-49-3-7;
26 (B) the statewide child fatality review committee under
27 IC 16-49-4-11; and
28 (C) the department of child services under IC 31-25-2-24;
29 during the immediately preceding twelve (12) month period, and
30 may make recommendations regarding changes in policies or
31 statutes to improve child safety; and
32 (2) report to the legislative council before November 1 of each
33 interim, in an electronic format under IC 5-14-6, the results of:
34 (A) the committee's review under subdivision (1); and
35 (B) the committee's study of any issue assigned to the
36 committee under subsection (a).
37 (g) In each even-numbered year, in addition to the issues
38 assigned under subsection (a), the interim study committee on
39 government shall do the following:
40 (1) Determine whether a group has met in the immediately
41 preceding two (2) years.
42 (2) Identify all interstate compacts that have been fully
HB 1075—LS 6784/DI 148 4
1 operational for at least two (2) years to which the state is a
2 party.
3 (3) Consider whether to:
4 (A) remain a party to; or
5 (B) withdraw from;
6 each interstate compact.
7 (4) If the committee determines that the state should
8 withdraw from an interstate compact, identify the steps
9 needed to withdraw.
10 (5) Report before November 1 to the legislative council, in an
11 electronic format under IC 5-14-6 the committee's:
12 (A) recommendations for proposed legislation to repeal
13 groups that have not met during the immediately
14 preceding two (2) years; and
15 (B) findings and recommendations regarding the interstate
16 compacts.
17 As used in this subsection, "group" refers to an authority, a board,
18 a commission, a committee, a council, a delegate, a foundation, a
19 panel, or a task force that is established by statute, has at least one
20 (1) legislator assigned to it, and is not staffed by the legislative
21 services agency.
22 SECTION 2. IC 4-3-19 IS REPEALED [EFFECTIVE JULY 1,
23 2022]. (Public Highway Private Enterprise Review Board).
24 SECTION 3. IC 4-10-18-10, AS AMENDED BY P.L.119-2012,
25 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 10. (a) The state board of finance may lend money
27 from the fund to entities listed in subsections (e) through (k) for the
28 purposes specified in those subsections.
29 (b) An entity must apply for the loan before May 1, 1989, in a form
30 approved by the state board of finance. As part of the application, the
31 entity shall submit a plan for its use of the loan proceeds and for the
32 repayment of the loan. Within sixty (60) days after receipt of each
33 application, the board shall meet to consider the application and to
34 review its accuracy and completeness and to determine the need for the
35 loan. The board shall authorize a loan to an entity that makes an
36 application if the board approves its accuracy and completeness and
37 determines that there is a need for the loan and an adequate method of
38 repayment.
39 (c) The state board of finance shall determine the terms of each
40 loan, which must include the following:
41 (1) The duration of the loan, which must not exceed twelve (12)
42 years.
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1 (2) The repayment schedule of the loan, which must provide that
2 no payments are due during the first two (2) years of the loan.
3 (3) A variable rate of interest to be determined by the board and
4 adjusted annually. The interest rate must be the greater of:
5 (A) five percent (5%); or
6 (B) two-thirds (2/3) of the interest rate for fifty-two (52) week
7 United States Treasury bills on the anniversary date of the
8 loan, but not to exceed ten percent (10%).
9 (4) The amount of the loan or loans, which may not exceed the
10 maximum amounts established for the entity by this section.
11 (5) Any other conditions specified by the board.
12 (d) An entity may borrow money under this section by adoption of
13 an ordinance or a resolution and, as set forth in IC 5-1-14, may use any
14 source of revenue to repay a loan under this section. This section
15 constitutes complete authority for the entity to borrow from the fund.
16 If an entity described in subsection (i) fails to make any repayments of
17 a loan, the amount payable shall be withheld by the auditor of state
18 from any other money payable to the consolidated city. If any other
19 entity described in this section fails to make any repayments of a loan,
20 the amount payable shall be withheld by the auditor of state from any
21 other money payable to the entity. The amount withheld shall be
22 transferred to the fund to the credit of the entity.
23 (e) A loan under this section may be made to a city located in a
24 county having a population of more than twenty-five thousand (25,000)
25 but less than twenty-five thousand eight hundred (25,800) for the city's
26 waterworks facility. The amount of the loan may not exceed one
27 million six hundred thousand dollars ($1,600,000).
28 (f) A loan under this section may be made to a city the territory of
29 which is included in part within the Lake Michigan corridor (as defined
30 in IC 14-13-3-2, before its repeal) for a marina development project. As
31 a part of its application under subsection (b), the city must include the
32 following:
33 (1) Written approval by the Lake Michigan marina development
34 commission of the project to be funded by the loan proceeds.
35 (2) A written determination by the commission of the amount
36 needed by the city, for the project and of the amount of the
37 maximum loan amount under this subsection that should be lent
38 to the city.
39 The maximum amount of loans available for all cities that are eligible
40 for a loan under this subsection is eight million six hundred thousand
41 dollars ($8,600,000).
42 (g) A loan under this section may be made to a county having a
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1 population of more than one hundred seventy-five thousand (175,000)
2 but less than one hundred eighty-five thousand (185,000) for use by the
3 airport authority in the county for the construction of runways. The
4 amount of the loan may not exceed seven million dollars ($7,000,000).
5 The county may lend the proceeds of its loan to an airport authority for
6 the public purpose of fostering economic growth in the county.
7 (h) A loan under this section may be made to a city having a
8 population of more than sixty thousand (60,000) but less than sixty-five
9 thousand (65,000) for the construction of parking facilities. The
10 amount of the loan may not exceed three million dollars ($3,000,000).
11 (i) A loan or loans under this section may be made to a consolidated
12 city, a local public improvement bond bank, or any board, authority, or
13 commission of the consolidated city to fund economic development
14 projects under IC 36-7-15.2-5 or to refund obligations issued to fund
15 economic development projects. The amount of the loan may not
16 exceed thirty million dollars ($30,000,000).
17 (j) A loan under this section may be made to a county having a
18 population of more than thirteen thousand (13,000) but less than
19 fourteen thousand (14,000) for extension of airport runways. The
20 amount of the loan may not exceed three hundred thousand dollars
21 ($300,000).
22 (k) A loan under this section may be made to Covington Community
23 School Corporation to refund the amount due on a tax anticipation
24 warrant loan. The amount of the loan may not exceed two million seven
25 hundred thousand dollars ($2,700,000), to be paid back from any
26 source of money that is legally available to the school corporation.
27 Notwithstanding subsection (b), the school corporation must apply for
28 the loan before June 30, 2010. Notwithstanding subsection (c),
29 repayment of the loan shall be made in equal installments over five (5)
30 years with the first installment due not more than six (6) months after
31 the date loan proceeds are received by the school corporation.
32 (l) IC 6-1.1-20 does not apply to a loan made by an entity under this
33 section.
34 (m) As used in this section, "entity" means a governmental entity
35 authorized to obtain a loan under subsections (e) through (k).
36 SECTION 4. IC 4-23-24.2 IS REPEALED [EFFECTIVE JULY 1,
37 2022]. (Indiana Advisory Commission on Intergovernmental
38 Relations).
39 SECTION 5. IC 8-10-9-3, AS AMENDED BY P.L.197-2011,
40 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 3. (a) There is established in each city to which
42 this chapter applies a waterway management district.
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1 (b) The district includes all territory, including both dry land and
2 water, within a distance of one-half (1/2) mile on either side of the
3 center line of any waterway within the city in which the district is
4 established, excluding the land and water occupied by any marina
5 owned by a unit of government located in the corridor (as defined in
6 IC 36-7-13.5-1). strip of land in Indiana abutting Lake Michigan
7 and the tributaries of Lake Michigan.
8 (c) The district boundary is formed by an imaginary line one-half
9 (1/2) mile distant from the center line of a waterway in all directions.
10 However, the boundary of the district does not extend beyond the
11 boundaries of the city in which the district is located in those areas
12 where the city boundary is located less than one-half (1/2) mile from
13 the center line of a waterway.
14 SECTION 6. IC 10-11-2-13, AS AMENDED BY P.L.234-2007,
15 SECTION 306, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) The board shall categorize
17 salaries of police employees within each rank based upon the rank held
18 and the number of years of service in the department through the
19 twentieth year. The salary ranges the board assigns to each rank shall
20 be divided into a base salary and twenty (20) increments above the base
21 salary, with:
22 (1) the base salary in the rank paid to a person with less than one
23 (1) year of service in the department; and
24 (2) the highest salary in the rank paid to a person with at least
25 twenty (20) years of service in the department.
26 (b) The salary matrix prescribed by this section shall be reviewed
27 biennially and approved by the budget agency before implementation.
28 SECTION 7. IC 11-12-2-2, AS AMENDED BY P.L.86-2017,
29 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2022]: Sec. 2. (a) To qualify for financial aid under this
31 chapter, a county must establish a community corrections advisory
32 board by resolution of the county executive or, in a county having a
33 consolidated city, by the city-county council. A community corrections
34 advisory board must, at a minimum, consists consist of:
35 (1) the county sheriff or the sheriff's designee;
36 (2) the prosecuting attorney or the prosecuting attorney's
37 designee;
38 (3) the executive of the most populous municipality in the county
39 or the executive's designee;
40 (4) two (2) judges having criminal jurisdiction, if available,
41 appointed by the circuit court judge or the judges' designees;
42 (5) one (1) judge having juvenile jurisdiction, appointed by the
HB 1075—LS 6784/DI 148 8
1 circuit court judge;
2 (6) (5) one (1) public defender or the public defender's designee,
3 if available, or one (1) attorney with a substantial criminal defense
4 practice appointed by the county executive or, in a county having
5 a consolidated city, by the city-county council;
6 (7) one (1) victim, or victim advocate if available, appointed by
7 the county executive or, in a county having a consolidated city, by
8 the city-county council;
9 (8) one (1) ex-offender, if available, appointed by the county
10 executive or, in a county having a consolidated city, by the
11 city-county council;
12 (9) (6) the director of the local office of the department of child
13 services or the director's designee; and
14 (10) a representative from a juvenile correctional facility or
15 juvenile detention center in the county, but if no facility exists,
16 one (1) mental health representative chosen by the judge
17 described in subdivision (5);
18 (11) a representative from the Juvenile Detention Alternatives
19 Initiative, but if no program exists, a representative from the court
20 appointed special advocate program in the county or guardian ad
21 litem program in the county; and
22 (12) (7) the following members appointed by the county executive
23 or, in a county having a consolidated city, by the city-county
24 council:
25 (A) One (1) member of the county fiscal body or the member's
26 designee.
27 (B) One (1) probation officer.
28 (C) One (1) juvenile probation officer.
29 (D) One (1) educational administrator.
30 (E) One (1) representative of a private correctional agency, if
31 such an agency exists in the county.
32 (F) (C) One (1) mental health administrator. or, if there is none
33 available in the county, one (1) psychiatrist, psychologist, or
34 physician.
35 (G) Four (4) lay persons, at least one (1) of whom must be a
36 member of a minority race if a racial minority resides in the
37 county and a member of that minority is willing to serve.
38 (b) In addition to the members of the community corrections
39 advisory board appointed under subsection (a), a county by
40 resolution of the county executive or, in a county having a
41 consolidated city, by the city-county council may appoint the
42 following to the advisory board:
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1 (1) One (1) judge having juvenile jurisdiction, appointed by
2 the circuit court judge or the juvenile court judge's designee.
3 (2) One (1) victim, or victim advocate if available, appointed
4 by the county executive or, in a county having a consolidated
5 city, by the city-county council.
6 (3) One (1) ex-offender, if available, appointed by the county
7 executive or, in a county having a consolidated city, by the
8 city-county council.
9 (4) A representative from a juvenile correctional facility or
10 juvenile detention center in the county, but if no facility exists,
11 one (1) mental health representative chosen by the judge
12 described in subdivision (1).
13 (5) A representative from the Juvenile Detention Alternatives
14 Initiative, but if no program exists, a representative from the
15 court appointed special advocate program in the county or
16 guardian ad litem program in the county.
17 (6) The following members appointed by the county executive
18 or, in a county having a consolidated city, by the city-county
19 council:
20 (A) One (1) juvenile probation officer.
21 (B) One (1) educational administrator.
22 (C) One (1) representative of a private correctional agency,
23 if such an agency exists in the county.
24 (D) Four (4) lay persons, at least one (1) of whom must be
25 a member of a minority race if a racial minority resides in
26 the county and a member of that minority is willing to
27 serve.
28 (b) (c) Designees of officials designated under subsection
29 subsections (a)(1) through (a)(6), (a)(9), (a)(7)(A), and (a)(12)(A)
30 (b)(1) serve at the pleasure of the designating official.
31 (c) (d) Members of the advisory board appointed by the county
32 executive or, in a county having a consolidated city, by the city-county
33 council, shall be appointed for a term of four (4) years. The criminal
34 defense attorney, the ex-offender, and the victim or victim advocate
35 shall be appointed for a term of four (4) years. Other members serve
36 only while holding the office or position held at the time of
37 appointment. The circuit court judge may fill the position of the judge
38 having juvenile court jurisdiction by self appointment if the circuit
39 court judge is otherwise qualified. A vacancy occurring before the
40 expiration of the term of office shall be filled in the same manner as
41 original appointments for the unexpired term. Members may be
42 reappointed.
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1 (d) (e) Two (2) or more counties, by resolution of their county
2 executives or, in a county having a consolidated city, by the city-county
3 council, may combine to apply for financial aid under this chapter. If
4 counties so combine, the counties may establish one (1) community
5 corrections advisory board to serve these counties. This board must
6 contain the representation prescribed in subsection (a), but the
7 members may come from the participating counties as determined by
8 agreement of the county executives or, in a county having a
9 consolidated city, by the city-county council.
10 (e) (f) The members of the community corrections advisory board
11 shall, within thirty (30) days after the last initial appointment is made,
12 meet and elect one (1) member as chairman and another as vice
13 chairman and appoint a secretary-treasurer who need not be a member.
14 A majority of the members of a community corrections advisory board
15 may provide for a number of members that is:
16 (1) less than a majority of the members; and
17 (2) at least six (6);
18 to constitute a quorum for purposes of transacting business. The
19 affirmative votes of at least five (5) members, but not less than a
20 majority of the members present, are required for the board to take
21 action. A vacancy in the membership does not impair the right of a
22 quorum to transact business.
23 (f) (g) The county executive and county fiscal body shall provide
24 necessary assistance and appropriations to the community corrections
25 advisory board established for that county. Appropriations required
26 under this subsection are limited to amounts received from the
27 following sources:
28 (1) Department grants.
29 (2) User fees.
30 (3) Other funds as contained within an approved plan.
31 Additional funds may be appropriated as determined by the county
32 executive and county fiscal body.
33 SECTION 8. IC 36-1-12-3, AS AMENDED BY P.L.43-2019,
34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 3. (a) The board may purchase or lease materials
36 in the manner provided in IC 5-22 and perform any public work, by
37 means of its own workforce, without awarding a contract whenever the
38 cost of that public work project is estimated to be less than two hundred
39 fifty thousand dollars ($250,000). Before a board may perform any
40 work under this section by means of its own workforce, the political
41 subdivision or agency must have a group of employees on its staff who
42 are capable of performing the construction, maintenance, and repair
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1 applicable to that work. For purposes of this subsection, the cost of a
2 public work project includes:
3 (1) the actual cost of materials, labor, equipment, and rental;
4 (2) a reasonable rate for use of trucks and heavy equipment
5 owned; and
6 (3) all other expenses incidental to the performance of the project.
7 (b) This subsection applies only to a municipality or a county. The
8 workforce of a municipality or county may perform a public work
9 described in subsection (a) only if:
10 (1) the workforce, through demonstrated skills, training, or
11 expertise, is capable of performing the public work; and
12 (2) for a public work project under subsection (a) whose cost is
13 estimated to be more than one hundred thousand dollars
14 ($100,000), the board:
15 (A) publishes a notice under IC 5-3-1 that:
16 (i) describes the public work that the board intends to
17 perform with its own workforce; and
18 (ii) sets forth the projected cost of each component of the
19 public work as described in subsection (a); and
20 (B) determines at a public meeting that it is in the public
21 interest to perform the public work with the board's own
22 workforce.
23 A public work project performed by a board's own workforce must be
24 inspected and accepted as complete in the same manner as a public
25 work project performed under a contract awarded after receiving bids.
26 (c) When the project involves the rental of equipment with an
27 operator furnished by the owner, or the installation or application of
28 materials by the supplier of the materials, the project is considered to
29 be a public work project and subject to this chapter. However, an
30 annual contract may be awarded for equipment rental and materials to
31 be installed or applied during a calendar or fiscal year if the proposed
32 project or projects are described in the bid specifications.
33 (d) A board of aviation commissioners or an airport authority board
34 may purchase or lease materials in the manner provided in IC 5-22 and
35 perform any public work by means of its own workforce and owned or
36 leased equipment, in the construction, maintenance, and repair of any
37 airport roadway, runway, taxiway, or aircraft parking apron whenever
38 the cost of that public work project is estimated to be less than one
39 hundred fifty thousand dollars ($150,000).
40 (e) Municipal and county hospitals must comply with this chapter
41 for all contracts for public work that are financed in whole or in part
42 with cumulative building fund revenue, as provided in section 1(c) of
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1 this chapter. However, if the cost of the public work is estimated to be
2 less than fifty thousand dollars ($50,000), as reflected in the board
3 minutes, the hospital board may have the public work done without
4 receiving bids, by purchasing the materials and performing the work by
5 means of its own workforce and owned or leased equipment.
6 (f) If a public works project involves a structure, an improvement,
7 or a facility under the control of a department (as defined in
8 IC 4-3-19-2(2)), public highway department that is under the
9 political control of a unit (as defined in IC 36-1-2-23) and involved
10 in the construction, maintenance, or repair of a public highway (as
11 defined in IC 9-25-2-4), the department may not artificially divide the
12 project to bring any part of the project under this section.
13 SECTION 9. IC 36-7-11.5-1, AS AMENDED BY P.L.234-2007,
14 SECTION 282, IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) As used in this chapter,
16 "advisory board" refers to the Orange County development advisory
17 board established by section 12 of this chapter.
18 (b) (a) As used in this chapter, "development commission" refers to
19 the Orange County development commission established by section 3.5
20 of this chapter.
21 (c) (b) As used in this chapter, "historic hotel" has the meaning set
22 forth in IC 4-33-2-11.1.
23 (d) (c) As used in this chapter, "hotel riverboat resort" refers to the
24 historic hotels, the riverboat operated under IC 4-33-6.5, and other
25 properties operated in conjunction with the riverboat enterprise located
26 in Orange County.
27 (e) (d) As used in this chapter, "qualified historic hotel" refers to a
28 historic hotel that has an atrium that includes a dome that is at least two
29 hundred (200) feet in diameter.
30 SECTION 10. IC 36-7-11.5-12 IS REPEALED [EFFECTIVE JULY
31 1, 2022]. Sec. 12. (a) The Orange County development advisory board
32 is established for the purpose of advising the development commission
33 established under section 3.5 of this chapter.
34 (b) The advisory board consists of five (5) members appointed as
35 follows:
36 (1) One (1) individual appointed by the speaker of the house of
37 representatives.
38 (2) One (1) individual appointed by the president pro tempore of
39 the senate.
40 (3) One (1) individual appointed by the Orange County
41 convention and visitors bureau.
42 (4) Two (2) individuals appointed by the chief operating officer
HB 1075—LS 6784/DI 148 13
1 of the hotel riverboat resort.
2 (c) Except as provided in subsection (d), the members of the
3 advisory board shall each serve for a term of four (4) years. A vacancy
4 shall be filled for the duration of the term by the original appointing
5 authority.
6 (d) The member appointed under subsection (b)(3) shall serve an
7 initial term of one (1) year. As determined by the appointing authority,
8 the two (2) members appointed under subsection (b)(4) shall serve
9 initial terms of two (2) and three (3) years respectively.
10 (e) A member of the advisory board is not entitled to a salary per
11 diem. However, a member is entitled to reimbursement for travel
12 expenses incurred in connection with the member's duties, as provided
13 in the state travel policies and procedures established by the
14 department of administration and approved by the budget agency.
15 SECTION 11. IC 36-7-13.5 IS REPEALED [EFFECTIVE JULY 1,
16 2022]. (Shoreline Development).
17 SECTION 12. IC 36-7.5-1-12, AS AMENDED BY P.L.197-2011,
18 SECTION 146, IS AMENDED TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2022]: Sec. 12. "Eligible political subdivision"
20 means the following:
21 (1) An airport authority.
22 (2) A commuter transportation district.
23 (3) A regional bus authority under IC 36-9-3-2(c).
24 (4) A regional transportation authority established under
25 IC 36-9-3-2.
26 (5) The Lake Michigan marina and shoreline development
27 commission under IC 36-7-13.5.
28 SECTION 13. IC 36-7.5-1-12.4 IS REPEALED [EFFECTIVE JULY
29 1, 2022]. Sec. 12.4. "Lake Michigan marina and shoreline development
30 commission" means the commission established by IC 36-7-13.5-2.
31 SECTION 14. IC 36-7.5-1-12.5 IS REPEALED [EFFECTIVE JULY
32 1, 2022]. Sec. 12.5. "Lake Michigan marina and shoreline development
33 commission project" means a project that can be financed with the
34 proceeds of bonds issued by the Lake Michigan marina and shoreline
35 development commission.
36 SECTION 15. IC 36-7.5-1-13, AS AMENDED BY P.L.197-2011,
37 SECTION 149, IS AMENDED TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2022]: Sec. 13. "Project" means an airport
39 authority project, a commuter transportation district project, an
40 economic development project, a regional bus authority project, or a
41 regional transportation authority project. or a Lake Michigan marina
42 and shoreline development commission project.
HB 1075—LS 6784/DI 148 14
1 SECTION 16. IC 36-7.5-2-1, AS AMENDED BY P.L.229-2017,
2 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 1. The northwest Indiana regional development
4 authority is established as a separate body corporate and politic to carry
5 out the purposes of this article by:
6 (1) acquiring, constructing, equipping, owning, leasing, and
7 financing projects and facilities for lease to or for the benefit of
8 eligible political subdivisions under this article in accordance
9 with IC 36-7.5-3-1.5;
10 (2) funding and developing the Gary/Chicago International
11 Airport expansion and other airport authority projects, commuter
12 transportation district and other rail projects and services,
13 regional bus authority projects and services, regional
14 transportation authority projects and services, Lake Michigan
15 marina and shoreline development projects and activities, and
16 economic development projects in northwestern Indiana;
17 (3) assisting with the funding of infrastructure needed to sustain
18 development of an intermodal facility in northwestern Indiana;
19 (4) funding and developing regional transportation infrastructure
20 projects under IC 36-9-43; and
21 (5) studying and evaluating destination based economic
22 development projects that have:
23 (A) an identified market;
24 (B) identified funding sources and these funding sources
25 include at least fifty percent (50%) from nongovernmental
26 sources; and
27 (C) a demonstrable short and long term local and regional
28 economic impact, as verified by an independent economic
29 analysis.
30 An economic analysis conducted under clause (C) must be
31 submitted to the budget committee at least thirty (30) days before
32 review is sought for the project under IC 36-7.5-3-1.5.
33 SECTION 17. IC 36-7.5-3-1, AS AMENDED BY P.L.189-2018,
34 SECTION 168, IS AMENDED TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2022]: Sec. 1. The development authority shall
36 do the following:
37 (1) Subject to sections 1.5 and 1.7 of this chapter, assist in the
38 coordination of local efforts concerning projects.
39 (2) Assist a commuter transportation district, an airport authority,
40 the Lake Michigan marina and shoreline development
41 commission, a regional transportation authority, and a regional
42 bus authority in coordinating regional transportation and
HB 1075—LS 6784/DI 148 15
1 economic development efforts.
2 (3) Subject to sections 1.5 and 1.7 of this chapter, fund projects
3 as provided in this article.
4 (4) Fund bus services (including fixed route services and flexible
5 or demand-responsive services) and projects related to bus
6 services and bus terminals, stations, or facilities.
7 SECTION 18. IC 36-7.5-3-2, AS AMENDED BY P.L.229-2017,
8 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2022]: Sec. 2. (a) The development authority may do any of
10 the following:
11 (1) Finance, improve, construct, reconstruct, renovate, purchase,
12 lease, acquire, and equip land and projects located in an eligible
13 county or eligible municipality.
14 (2) Lease land or a project to an eligible political subdivision.
15 (3) Finance and construct additional improvements to projects or
16 other capital improvements owned by the development authority
17 and lease them to or for the benefit of an eligible political
18 subdivision.
19 (4) Acquire land or all or a portion of one (1) or more projects
20 from an eligible political subdivision by purchase or lease and
21 lease the land or projects back to the eligible political subdivision,
22 with any additional improvements that may be made to the land
23 or projects.
24 (5) Acquire all or a portion of one (1) or more projects from an
25 eligible political subdivision by purchase or lease to fund or
26 refund indebtedness incurred on account of the projects to enable
27 the eligible political subdivision to make a savings in debt service
28 obligations or lease rental obligations or to obtain relief from
29 covenants that the eligible political subdivision considers to be
30 unduly burdensome.
31 (6) Make loans, loan guarantees, and grants or provide other
32 financial assistance to or on behalf of the following:
33 (A) A commuter transportation district.
34 (B) An airport authority or airport development authority.
35 (C) The Lake Michigan marina and shoreline development
36 commission.
37 (D) (C) A regional bus authority. A loan, loan guarantee,
38 grant, or other financial assistance under this clause may be
39 used by a regional bus authority for acquiring, improving,
40 operating, maintaining, financing, and supporting the
41 following:
42 (i) Bus services (including fixed route services and flexible
HB 1075—LS 6784/DI 148 16
1 or demand-responsive services) that are a component of a
2 public transportation system.
3 (ii) Bus terminals, stations, or facilities or other regional bus
4 authority projects.
5 (E) (D) A regional transportation authority.
6 (F) (E) A member municipality that is eligible to make an
7 appointment to the development board under
8 IC 36-7.5-2-3(b)(2) and that has pledged admissions tax
9 revenue for a bond anticipation note after March 31, 2014, and
10 before June 30, 2015. However, a loan made to such a member
11 municipality before June 30, 2016, under this clause must
12 have a term of not more than ten (10) years, must require
13 annual level debt service payments, and must have a market
14 based interest rate. If a member municipality defaults on the
15 repayment of a loan made under this clause, the development
16 authority shall notify the treasurer of state of the default and
17 the treasurer of state shall:
18 (i) withhold from any funds held for distribution to the
19 municipality under IC 4-33-12, or IC 4-33-13 an amount
20 sufficient to cure the default; and
21 (ii) pay that amount to the development authority.
22 (7) Provide funding to assist a railroad that is providing commuter
23 transportation services in an eligible county or eligible
24 municipality.
25 (8) Provide funding to assist an airport authority located in an
26 eligible county or eligible municipality in the construction,
27 reconstruction, renovation, purchase, lease, acquisition, and
28 equipping of an airport facility or airport project.
29 (9) Provide funding to assist in the development of an intermodal
30 facility to facilitate the interchange and movement of freight.
31 (10) Provide funding to assist the Lake Michigan marina and
32 shoreline development commission in carrying out the purposes
33 of IC 36-7-13.5.
34 (11) (10) Provide funding for economic development projects in
35 an eligible county or eligible municipality.
36 (12) (11) Hold, use, lease, rent, purchase, acquire, and dispose of
37 by purchase, exchange, gift, bequest, grant, condemnation, lease,
38 or sublease, on the terms and conditions determined by the
39 development authority, any real or personal property located in an
40 eligible county or eligible municipality.
41 (13) (12) After giving notice, enter upon any lots or lands for the
42 purpose of surveying or examining them to determine the location
HB 1075—LS 6784/DI 148 17
1 of a project.
2 (14) (13) Make or enter into all contracts and agreements
3 necessary or incidental to the performance of its duties and the
4 execution of its powers under this article.
5 (15) (14) Sue, be sued, plead, and be impleaded.
6 (16) (15) Design, order, contract for, and construct, reconstruct,
7 and renovate a project or improvements to a project.
8 (17) (16) Appoint an executive director and employ appraisers,
9 real estate experts, engineers, architects, surveyors, attorneys,
10 accountants, auditors, clerks, construction managers, and any
11 consultants or employees that are necessary or desired by the
12 development authority in exercising its powers or carrying out its
13 duties under this article.
14 (18) (17) Accept loans, grants, and other forms of financial
15 assistance from the federal government, the state government, a
16 political subdivision, or any other public or private source.
17 (19) (18) Use the development authority's funds to match federal
18 grants or make loans, loan guarantees, or grants to carry out the
19 development authority's powers and duties under this article.
20 (20) (19) Provide funding for regional transportation
21 infrastructure projects under IC 36-9-43.
22 (21) (20) Except as prohibited by law, take any action necessary
23 to carry out this article.
24 (b) If the development authority is unable to agree with the owners,
25 lessees, or occupants of any real property selected for the purposes of
26 this article, the development authority may proceed under IC 32-24-1
27 to procure the condemnation of the property. The development
28 authority may not institute a proceeding until it has adopted a
29 resolution that:
30 (1) describes the real property sought to be acquired and the
31 purpose for which the real property is to be used;
32 (2) declares that the public interest and necessity require the
33 acquisition by the development authority of the property involved;
34 and
35 (3) sets out any other facts that the development authority
36 considers necessary or pertinent.
37 The resolution is conclusive evidence of the public necessity of the
38 proposed acquisition.
39 SECTION 19. IC 36-7.5-4-6, AS ADDED BY P.L.214-2005,
40 SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 6. (a) Bonds issued under IC 8-5-15, IC 8-22-3,
42 IC 36-7-13.5, or IC 36-9-3 or prior law may be refunded as provided in
HB 1075—LS 6784/DI 148 18
1 this section.
2 (b) An eligible political subdivision may:
3 (1) lease all or a portion of land or a project or projects to the
4 development authority, which may be at a nominal lease rental
5 with a lease back to the eligible political subdivision, conditioned
6 upon the development authority assuming bonds issued under
7 IC 8-5-15, IC 8-22-3, IC 36-7-13.5, or IC 36-9-3 or prior law and
8 issuing its bonds to refund those bonds; and
9 (2) sell all or a portion of land or a project or projects to the
10 development authority for a price sufficient to provide for the
11 refunding of those bonds and lease back the land or project or
12 projects from the development authority.
13 SECTION 20. IC 36-8-16.7-48, AS AMENDED BY P.L.121-2016,
14 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 48. (a) The budget committee shall review the
16 statewide 911 system governed by this chapter for the two (2) calendar
17 years ending:
18 (1) December 31, 2013; and
19 (2) December 31, 2014.
20 (b) In conducting the review required by this section, the budget
21 committee may examine the following:
22 (1) Whether the fund is being administered by the board in
23 accordance with this chapter.
24 (2) The collection, disbursement, and use of the statewide 911 fee
25 assessed under section 32 of this chapter. In performing a review
26 under this subdivision, the budget committee may examine
27 whether the statewide 911 fee:
28 (A) is being assessed in an amount that is reasonably
29 necessary to provide adequate and efficient 911 service; and
30 (B) is being used only for the purposes set forth in this chapter.
31 (3) The report submitted to the budget committee by the Indiana
32 advisory commission on intergovernmental relations under
33 IC 4-23-24.2-5(b) (before its expiration on July 1, 2016).
34 (4) (3) Any other data, reports, or information the budget
35 committee determines is necessary to review the statewide 911
36 system governed by this chapter.
37 (c) Subject to section 42 of this chapter, the board, the state board
38 of accounts, political subdivisions, providers, and PSAPs shall provide
39 to the budget committee all relevant data, reports, and information
40 requested by the budget committee to assist the budget committee in
41 carrying out its duties under this section.
42 (d) After conducting the review required by this section, the budget
HB 1075—LS 6784/DI 148 19
1 committee shall, not later than June 1, 2015, report its findings to the
2 legislative council. The budget committee's findings under this
3 subsection:
4 (1) must include a recommendation as to whether the statewide
5 911 fee assessed under section 32 of this chapter should continue
6 to be assessed and collected under this chapter after June 30,
7 2015; and
8 (2) if the budget committee recommends under subdivision (1)
9 that the statewide 911 fee assessed under section 32 of this
10 chapter should continue to be assessed and collected under this
11 chapter after June 30, 2015, may include recommendations for the
12 introduction in the general assembly of any legislation that the
13 budget committee determines is necessary to ensure that the
14 statewide 911 system governed by this chapter is managed in a
15 fair and fiscally prudent manner.
16 A report to the legislative council under this subsection must be in an
17 electronic format under IC 5-14-6.
18 (e) If the budget committee does not recommend in its report under
19 subsection (d) that the statewide 911 fee assessed under section 32 of
20 this chapter should continue to be assessed and collected under this
21 chapter after June 30, 2015, the statewide 911 fee assessed under
22 section 32 of this chapter expires July 1, 2015, and may not be assessed
23 or collected after June 30, 2015.
24 SECTION 21. An emergency is declared for this act.
HB 1075—LS 6784/DI 148 20
COMMITTEE REPORT
Mr. Speaker: Your Committee on Government and Regulatory
Reform, to which was referred House Bill 1075, has had the same
under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Page 3, line 42, after "compacts" insert "that have been fully
operational for at least two (2) years".
Page 7, between lines 26 and 27, begin a new paragraph and insert:
"SECTION 7. IC 11-12-2-2, AS AMENDED BY P.L.86-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) To qualify for financial aid under this
chapter, a county must establish a community corrections advisory
board by resolution of the county executive or, in a county having a
consolidated city, by the city-county council. A community corrections
advisory board must, at a minimum, consists consist of:
(1) the county sheriff or the sheriff's designee;
(2) the prosecuting attorney or the prosecuting attorney's
designee;
(3) the executive of the most populous municipality in the county
or the executive's designee;
(4) two (2) judges having criminal jurisdiction, if available,
appointed by the circuit court judge or the judges' designees;
(5) one (1) judge having juvenile jurisdiction, appointed by the
circuit court judge;
(6) (5) one (1) public defender or the public defender's designee,
if available, or one (1) attorney with a substantial criminal defense
practice appointed by the county executive or, in a county having
a consolidated city, by the city-county council;
(7) one (1) victim, or victim advocate if available, appointed by
the county executive or, in a county having a consolidated city, by
the city-county council;
(8) one (1) ex-offender, if available, appointed by the county
executive or, in a county having a consolidated city, by the
city-county council;
(9) (6) the director of the local office of the department of child
services or the director's designee; and
(10) a representative from a juvenile correctional facility or
juvenile detention center in the county, but if no facility exists,
one (1) mental health representative chosen by the judge
described in subdivision (5);
(11) a representative from the Juvenile Detention Alternatives
HB 1075—LS 6784/DI 148 21
Initiative, but if no program exists, a representative from the court
appointed special advocate program in the county or guardian ad
litem program in the county; and
(12) (7) the following members appointed by the county executive
or, in a county having a consolidated city, by the city-county
council:
(A) One (1) member of the county fiscal body or the member's
designee.
(B) One (1) probation officer.
(C) One (1) juvenile probation officer.
(D) One (1) educational administrator.
(E) One (1) representative of a private correctional agency, if
such an agency exists in the county.
(F) (C) One (1) mental health administrator. or, if there is none
available in the county, one (1) psychiatrist, psychologist, or
physician.
(G) Four (4) lay persons, at least one (1) of whom must be a
member of a minority race if a racial minority resides in the
county and a member of that minority is willing to serve.
(b) In addition to the members of the community corrections
advisory board appointed under subsection (a), a county by
resolution of the county executive or, in a county having a
consolidated city, by the city-county council may appoint the
following to the advisory board:
(1) One (1) judge having juvenile jurisdiction, appointed by
the circuit court judge or the juvenile court judge's designee.
(2) One (1) victim, or victim advocate if available, appointed
by the county executive or, in a county having a consolidated
city, by the city-county council.
(3) One (1) ex-offender, if available, appointed by the county
executive or, in a county having a consolidated city, by the
city-county council.
(4) A representative from a juvenile correctional facility or
juvenile detention center in the county, but if no facility exists,
one (1) mental health representative chosen by the judge
described in subdivision (1).
(5) A representative from the Juvenile Detention Alternatives
Initiative, but if no program exists, a representative from the
court appointed special advocate program in the county or
guardian ad litem program in the county.
(6) The following members appointed by the county executive
or, in a county having a consolidated city, by the city-county
HB 1075—LS 6784/DI 148 22
council:
(A) One (1) juvenile probation officer.
(B) One (1) educational administrator.
(C) One (1) representative of a private correctional agency,
if such an agency exists in the county.
(D) Four (4) lay persons, at least one (1) of whom must be
a member of a minority race if a racial minority resides in
the county and a member of that minority is willing to
serve.
(b) (c) Designees of officials designated under subsection
subsections (a)(1) through (a)(6), (a)(9), (a)(7)(A), and (a)(12)(A)
(b)(1) serve at the pleasure of the designating official.
(c) (d) Members of the advisory board appointed by the county
executive or, in a county having a consolidated city, by the city-county
council, shall be appointed for a term of four (4) years. The criminal
defense attorney, the ex-offender, and the victim or victim advocate
shall be appointed for a term of four (4) years. Other members serve
only while holding the office or position held at the time of
appointment. The circuit court judge may fill the position of the judge
having juvenile court jurisdiction by self appointment if the circuit
court judge is otherwise qualified. A vacancy occurring before the
expiration of the term of office shall be filled in the same manner as
original appointments for the unexpired term. Members may be
reappointed.
(d) (e) Two (2) or more counties, by resolution of their county
executives or, in a county having a consolidated city, by the city-county
council, may combine to apply for financial aid under this chapter. If
counties so combine, the counties may establish one (1) community
corrections advisory board to serve these counties. This board must
contain the representation prescribed in subsection (a), but the
members may come from the participating counties as determined by
agreement of the county executives or, in a county having a
consolidated city, by the city-county council.
(e) (f) The members of the community corrections advisory board
shall, within thirty (30) days after the last initial appointment is made,
meet and elect one (1) member as chairman and another as vice
chairman and appoint a secretary-treasurer who need not be a member.
A majority of the members of a community corrections advisory board
may provide for a number of members that is:
(1) less than a majority of the members; and
(2) at least six (6);
to constitute a quorum for purposes of transacting business. The
HB 1075—LS 6784/DI 148 23
affirmative votes of at least five (5) members, but not less than a
majority of the members present, are required for the board to take
action. A vacancy in the membership does not impair the right of a
quorum to transact business.
(f) (g) The county executive and county fiscal body shall provide
necessary assistance and appropriations to the community corrections
advisory board established for that county. Appropriations required
under this subsection are limited to amounts received from the
following sources:
(1) Department grants.
(2) User fees.
(3) Other funds as contained within an approved plan.
Additional funds may be appropriated as determined by the county
executive and county fiscal body.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1075 as introduced.)
MILLER D
Committee Vote: yeas 11, nays 0.
HB 1075—LS 6784/DI 148