Indiana 2023 Regular Session

Indiana House Bill HB1147 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1147
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 6-1.1; IC 29-1-7-23; IC 36-2-7-10; IC 36-7-38.
7	7	Synopsis: Land banks. Allows a county to adopt an ordinance
8	8	requiring every person who wishes to participate in a tax sale as a
9	9	bidder to pay a neighborhood investment fee of not more than $150 and
10	10	specifies the manner in which neighborhood investment fees collected
11	11	are to be distributed to land banks. Allows a county to adopt an
12	12	ordinance to impose, in addition to the 5% penalty for delinquent real
13	13	property taxes, an additional penalty of not more than 3% for a total
14	14	penalty that may not exceed 8% of the amount of delinquent real
15	15	property taxes (additional penalty ordinance). Exempts delinquent tax
16	16	payments attributable to real property receiving the homestead standard
17	17	deduction for the most recent assessment date from an additional
18	18	penalty ordinance. Specifies the manner in which the amounts collected
19	19	attributable to an additional penalty ordinance are to be distributed to
20	20	land banks. Allows a county to adopt an ordinance imposing a $15 fee
21	21	for each document recorded on a tract located in the territory of a land
22	22	bank and specifies the manner in which the fee is be distributed to land
23	23	banks. Makes various changes to the statutes governing land banks that
24	24	concern certain land bank powers, objectives, and duties. Provides that
25	25	a majority of the directors of a land bank's board must have
26	26	demonstrated competency in an occupation or discipline that is relevant
27	27	to the primary purpose of a land bank. Allows a land bank to establish
28	28	advisory committees composed of specified community members to
29	29	consult with and advise the land bank on: (1) properties within the
30	30	territory of the land bank that are imposing the greatest harm on
31	31	residents and neighborhoods; (2) resident and neighborhood priorities
32	32	for new uses of land bank properties; and (3) options for potential
33	33	(Continued next page)
34	34	Effective: July 1, 2023.
35	35	Errington, Bauer M
36	36	January 10, 2023, read first time and referred to Committee on Local Government.
37	37	2023 IN 1147—LS 6884/DI 129 Digest Continued
38	38	transferees of land bank properties. Provides, subject to certain
39	39	limitations, that a land bank may use an interlocal agreement to
40	40	establish processes to improve the quality of title and marketability of
41	41	property the land bank owns by extinguishing any liens that exist on the
42	42	property. Provides that, if a land bank enters into an interlocal
43	43	agreement, any employees of an eligible unit who may be contracted
44	44	to provide staffing services to the land bank pursuant to the interlocal
45	45	agreement retain their status as public employees of the eligible unit.
46	46	Requires a county executive to provide a land bank in the county with
47	47	a list of tracts located in the territory of the land bank that: (1) are
48	48	delinquent on property taxes; and (2) have been offered for public sale
49	49	at least two times and remain unsold; on an annual basis. Specifies that
50	50	list must be provided to the land bank within 60 days after the end of
51	51	the last tax sale for which the tracts went unsold. Allows the county
52	52	executive to transfer its interest in a tract on the list to a land bank if
53	53	requested by the land bank not later than 90 days after it receives the
54	54	list.
55	55	2023 IN 1147—LS 6884/DI 1292023 IN 1147—LS 6884/DI 129 Introduced
56	56	First Regular Session of the 123rd General Assembly (2023)
57	57	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
58	58	Constitution) is being amended, the text of the existing provision will appear in this style type,
59	59	additions will appear in this style type, and deletions will appear in this style type.
60	60	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
61	61	provision adopted), the text of the new provision will appear in this style type. Also, the
62	62	word NEW will appear in that style type in the introductory clause of each SECTION that adds
63	63	a new provision to the Indiana Code or the Indiana Constitution.
64	64	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
65	65	between statutes enacted by the 2022 Regular Session of the General Assembly.
66	66	HOUSE BILL No. 1147
67	67	A BILL FOR AN ACT to amend the Indiana Code concerning local
68	68	government.
69	69	Be it enacted by the General Assembly of the State of Indiana:
70	70	1 SECTION 1. IC 6-1.1-24-5.7, AS ADDED BY P.L.66-2021,
71	71	2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
72	72	3 JULY 1, 2023]: Sec. 5.7. (a) The county treasurer shall require each
73	73	4 person who will be bidding at the tax sale to sign a statement in a form
74	74	5 substantially similar to the following:
75	75	6 "Indiana law prohibits a person who owes delinquent taxes,
76	76	7 special assessments, penalties, interest, or costs directly
77	77	8 attributable to a prior tax sale of a tract or item of real property
78	78	9 listed under IC 6-1.1-24-1 from bidding on or purchasing tracts or
79	79	10 items of real property at a tax sale. I hereby affirm under the
80	80	11 penalties for perjury that I do not owe delinquent taxes, special
81	81	12 assessments, penalties, interest, costs directly attributable to a
82	82	13 prior tax sale, amounts from a final adjudication in favor of a
83	83	14 political subdivision, any civil penalties imposed for the violation
84	84	15 of a building code or county ordinance, or any civil penalties
85	85	2023 IN 1147—LS 6884/DI 129 2
86	86	1 imposed by a county health department. I also affirm that I am not
87	87	2 purchasing tracts or items of real property on behalf of or as an
88	88	3 agent for a person who is prohibited from purchasing at a tax sale.
89	89	4 Further, I hereby acknowledge that any successful bid I make in
90	90	5 violation of this statement is subject to forfeiture. In the event of
91	91	6 forfeiture, the amount by which my bid exceeds the minimum bid
92	92	7 on the tract or item or real property under IC 6-1.1-24-5(e), if any,
93	93	8 shall be applied to the delinquent taxes, special assessments,
94	94	9 penalties, interest, costs, judgments, or civil penalties I owe, and
95	95	10 a certificate will be issued to the county executive. I further
96	96	11 acknowledge that a person who knowingly or intentionally
97	97	12 provides false information on this affidavit commits perjury, a
98	98	13 Level 6 felony.".
99	99	14 (b) If a person purchases real property that the person was not
100	100	15 eligible to purchase under section 5.1, 5.3, or 5.4 of this chapter, the
101	101	16 sale of the real property is subject to forfeiture. If the county treasurer
102	102	17 determines or is notified not more than forty-five (45) days after the
103	103	18 date of the sale that the sale of the real property should be forfeited, the
104	104	19 county treasurer shall:
105	105	20 (1) not more than five (5) days after the county treasurer is
106	106	21 notified, notify the person in writing by first class mail that the
107	107	22 sale is subject to forfeiture if the person does not pay the amounts
108	108	23 the person owes within fifteen (15) days of the date the written
109	109	24 notice is mailed;
110	110	25 (2) if the person does not meet the conditions described in
111	111	26 subdivision (1) within fifteen (15) days after the written notice is
112	112	27 mailed, apply the surplus amount of the person's bid, if any, to the
113	113	28 delinquent taxes, special assessments, penalties, and interest on
114	114	29 the real property;
115	115	30 (3) remit the amounts owed from a final adjudication or civil
116	116	31 penalties in favor of a political subdivision to the political
117	117	32 subdivision;
118	118	33 (4) notify the county auditor that the sale has been forfeited; and
119	119	34 (5) file with the county recorder a certification identifying the
120	120	35 forfeited sale that includes:
121	121	36 (A) the date of the sale;
122	122	37 (B) the name of the buyer;
123	123	38 (C) the property identification number of the real property;
124	124	39 (D) the real property's legal description; and
125	125	40 (E) a statement that the sale has been forfeited and is null and
126	126	41 void because the buyer was not eligible to purchase the real
127	127	42 property.
128	128	2023 IN 1147—LS 6884/DI 129 3
129	129	1 Upon being notified that a sale has been forfeited, the county auditor
130	130	2 shall issue a certificate to the county executive under section 6 of this
131	131	3 chapter.
132	132	4 (c) A county treasurer may decline to forfeit a sale under this section
133	133	5 because of inadvertence or mistake, lack of actual knowledge by the
134	134	6 bidder, substantial harm to other parties with interests in the real
135	135	7 property, or other substantial reasons. If the treasurer declines to forfeit
136	136	8 a sale, the treasurer shall:
137	137	9 (1) prepare a written statement explaining the reasons for
138	138	10 declining to forfeit the sale;
139	139	11 (2) retain the written statement as an official record; and
140	140	12 (3) file with the county recorder a certification that includes:
141	141	13 (A) the date of the sale;
142	142	14 (B) the name of the buyer;
143	143	15 (C) the property identification number of the real property;
144	144	16 (D) the real property's legal description; and
145	145	17 (E) a statement that the sale has not been forfeited and is valid.
146	146	18 (d) If a sale is forfeited under this section and the tract or item of
147	147	19 real property is redeemed from the sale, the county auditor shall deposit
148	148	20 the amount of the redemption into the county general fund and notify
149	149	21 the county executive of the redemption. Upon being notified of the
150	150	22 redemption, the county executive shall surrender the certificate to the
151	151	23 county auditor.
152	152	24 (e) If a county treasurer does not take action under subsection (b)
153	153	25 within forty-five (45) days of the date the county treasurer determines
154	154	26 or is notified that a sale should be forfeited, the person is deemed to be
155	155	27 an eligible purchaser for that sale of that real property.
156	156	28 (f) If a tax deed is issued for real property under IC 6-1.1-25-4, this
157	157	29 section cannot be invoked to invalidate, rescind, or set aside the tax
158	158	30 deed.
159	159	31 (g) If a county has adopted an ordinance under section 16.5 of
160	160	32 this chapter authorizing the imposition of a neighborhood
161	161	33 investment fee to participate in a tax sale as a bidder, the
162	162	34 neighborhood investment fee is not refundable if a sale of real
163	163	35 property is forfeited under this section.
164	164	36 SECTION 2. IC 6-1.1-24-16.5 IS ADDED TO THE INDIANA
165	165	37 CODE AS A NEW SECTION TO READ AS FOLLOWS
166	166	38 [EFFECTIVE JULY 1, 2023]: Sec. 16.5. (a) This section applies to all
167	167	39 counties in which there is at least one (1) land bank established in
168	168	40 the county.
169	169	41 (b) As used in this section, "land bank" has the meaning set
170	170	42 forth in IC 36-7-38-1(3).
171	171	2023 IN 1147—LS 6884/DI 129 4
172	172	1 (c) The county fiscal body may adopt an ordinance requiring
173	173	2 every person who wishes to participate in a tax sale as a bidder to
174	174	3 pay a neighborhood investment fee of not more than one hundred
175	175	4 fifty dollars ($150).
176	176	5 (d) A county fiscal body that has adopted an ordinance under
177	177	6 subsection (c) that is in effect in the county may rescind the
178	178	7 ordinance adopted under subsection (c).
179	179	8 (e) An ordinance adopted under this section is effective on
180	180	9 January 1 of the year immediately following the year in which the
181	181	10 ordinance is adopted.
182	182	11 (f) If a county fiscal body adopts an ordinance to require the
183	183	12 payment of a neighborhood investment fee, the payment of the
184	184	13 neighborhood investment fee is in addition to any other fees or
185	185	14 charges a county may impose for registering to bid at a tax sale.
186	186	15 The neighborhood investment fee is not refundable if a sale of real
187	187	16 property is forfeited under section 5.7 of this chapter.
188	188	17 (g) The county treasurer shall distribute the proceeds collected
189	189	18 from the neighborhood investment fee semiannually to a land bank
190	190	19 located in the county. If there is more than one (1) land bank
191	191	20 established within a county, the county treasurer shall
192	192	21 semiannually distribute the proceeds collected from the
193	193	22 neighborhood investment fee to a land bank in an amount
194	194	23 proportional to the population of the territory of each land bank as
195	195	24 it bears to the total population in the county.
196	196	25 SECTION 3. IC 6-1.1-37-10, AS AMENDED BY P.L.95-2021,
197	197	26 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
198	198	27 JULY 1, 2023]: Sec. 10. (a) If property taxes due and payable are not
199	199	28 completely paid on or before the due date, a penalty shall be added to
200	200	29 the unpaid portion in the year of the initial delinquency. The penalty is
201	201	30 equal to an amount determined as follows:
202	202	31 (1) If:
203	203	32 (A) subject to subsection (g), the real property taxes due and
204	204	33 payable are completely paid on or before the date thirty (30)
205	205	34 days after the due date; and
206	206	35 (B) the taxpayer is not liable for:
207	207	36 (i) delinquent property taxes first due and payable in a
208	208	37 previous tax payment for the same parcel; or
209	209	38 (ii) a penalty that is owed from a previous tax payment for
210	210	39 the same parcel;
211	211	40 the amount of the penalty is equal to five percent (5%) of the
212	212	41 amount of delinquent taxes. However, for a county in which an
213	213	42 ordinance adopted under section 10.2 of this chapter is in
214	214	2023 IN 1147—LS 6884/DI 129 5
215	215	1 effect in the county, the amount of the penalty imposed under
216	216	2 this subdivision is equal to five percent (5%) plus the
217	217	3 additional amount set forth in the ordinance adopted under
218	218	4 section 10.2 of this chapter.
219	219	5 (2) If:
220	220	6 (A) subject to subsection (g), personal property taxes due and
221	221	7 payable are not completely paid on or before the date thirty
222	222	8 (30) days after the due date; and
223	223	9 (B) the taxpayer is not liable for:
224	224	10 (i) delinquent property taxes first due and payable in a
225	225	11 previous tax payment for a personal property tax return for
226	226	12 property in the same taxing district; or
227	227	13 (ii) a penalty that is owed from a previous tax payment;
228	228	14 the amount of the penalty is equal to five percent (5%) of the
229	229	15 amount of delinquent taxes.
230	230	16 (3) If subdivision (1) or (2) does not apply, the amount of the
231	231	17 penalty is equal to ten percent (10%) of the amount due and
232	232	18 payable as of the tax date.
233	233	19 A payment received under this subsection shall be applied first to the
234	234	20 delinquent tax amount and then to any associated penalties. For a
235	235	21 county in which an ordinance adopted under section 10.2 of this
236	236	22 chapter is in effect in the county, the additional penalty amount
237	237	23 collected under subdivision (1) shall be distributed as provided in
238	238	24 section 10.2(g) of this chapter.
239	239	25 (b) With respect to property taxes due in two (2) equal installments
240	240	26 under IC 6-1.1-22-9(a), on the day immediately following the due dates
241	241	27 of the first and second installments in each year following the year of
242	242	28 the initial delinquency, an additional penalty equal to ten percent (10%)
243	243	29 of any taxes remaining unpaid shall be added. With respect to property
244	244	30 taxes due in installments under IC 6-1.1-22-9.5, an additional penalty
245	245	31 equal to ten percent (10%) of any taxes remaining unpaid shall be
246	246	32 added on the day immediately following each date that succeeds the
247	247	33 last installment due date by:
248	248	34 (1) six (6) months; or
249	249	35 (2) a multiple of six (6) months.
250	250	36 (c) The penalties under subsection (b) are imposed only on the
251	251	37 principal amount of the delinquent taxes.
252	252	38 (d) If the department of local government finance determines that
253	253	39 an emergency has occurred which precludes the mailing of the tax
254	254	40 statement in any county at the time set forth in IC 6-1.1-22-8.1, the
255	255	41 department shall establish by order a new date on which the installment
256	256	42 of taxes in that county is due and no installment is delinquent if paid by
257	257	2023 IN 1147—LS 6884/DI 129 6
258	258	1 the date so established.
259	259	2 (e) If any due date falls on a Saturday, a Sunday, a national legal
260	260	3 holiday recognized by the federal government, or a statewide holiday,
261	261	4 the act that must be performed by that date is timely if performed by
262	262	5 the next succeeding day that is not a Saturday, a Sunday, or one (1) of
263	263	6 those holidays.
264	264	7 (f) Subject to subsections (h) and (i), a payment to the county
265	265	8 treasurer is considered to have been paid by the due date if the payment
266	266	9 is:
267	267	10 (1) received on or before the due date by the county treasurer or
268	268	11 a collecting agent appointed by the county treasurer;
269	269	12 (2) deposited in United States first class mail:
270	270	13 (A) properly addressed to the principal office of the county
271	271	14 treasurer;
272	272	15 (B) with sufficient postage; and
273	273	16 (C) postmarked by the United States Postal Service as mailed
274	274	17 on or before the due date;
275	275	18 (3) deposited with a nationally recognized express parcel carrier
276	276	19 and is:
277	277	20 (A) properly addressed to the principal office of the county
278	278	21 treasurer; and
279	279	22 (B) verified by the express parcel carrier as:
280	280	23 (i) paid in full for final delivery; and
281	281	24 (ii) received by the express parcel carrier on or before the
282	282	25 due date;
283	283	26 (4) deposited to be mailed through United States registered mail,
284	284	27 United States certified mail, or United States certificate of
285	285	28 mailing:
286	286	29 (A) properly addressed to the principal office of the county
287	287	30 treasurer;
288	288	31 (B) with sufficient postage; and
289	289	32 (C) with a date of registration, certification, or certificate, as
290	290	33 evidenced by any record authenticated by the United States
291	291	34 Postal Service, on or before the due date;
292	292	35 (5) deposited in United States first class mail:
293	293	36 (A) properly addressed to the principal office of the county
294	294	37 treasurer;
295	295	38 (B) with sufficient metered postage from a meter postage
296	296	39 provider approved by the United States Postal Service; and
297	297	40 (C) with a postage meter stamp affixed to the envelope that
298	298	41 must bear the actual date the postage meter stamp was affixed
299	299	42 to the envelope, which must be on or before the due date;
300	300	2023 IN 1147—LS 6884/DI 129 7
301	301	1 and the payment is received by the county treasurer not later than
302	302	2 five (5) business days after the due date; or
303	303	3 (6) made by an electronic funds transfer and the taxpayer's bank
304	304	4 account is charged on or before the due date.
305	305	5 (g) As used in this subsection, "initial penalty period" means the
306	306	6 period after the due date and not later than thirty (30) days after the due
307	307	7 date. A person who makes a payment within the initial penalty period
308	308	8 is subject to a penalty equal to five percent (5%) of the amount of the
309	309	9 delinquent taxes as provided in subsection (a)(1) or (a)(2). However,
310	310	10 for a county in which an ordinance adopted under section 10.2 of
311	311	11 this chapter is in effect in the county, the amount of the penalty
312	312	12 imposed under subsection (a)(1) is equal to five percent (5%) plus
313	313	13 the additional amount set forth in the ordinance adopted under
314	314	14 section 10.2 of this chapter. A payment to the county treasurer is
315	315	15 considered to have been paid within the initial penalty period and
316	316	16 subject to the five percent (5%) penalty or, in the case of subsection
317	317	17 (a)(1), five percent (5%) plus the additional amount set forth in the
318	318	18 ordinance adopted under section 10.2 of this chapter if the payment
319	319	19 is:
320	320	20 (1) received within the penalty period by the county treasurer or
321	321	21 a collecting agent appointed by the county treasurer;
322	322	22 (2) deposited in United States first class mail:
323	323	23 (A) properly addressed to the principal office of the county
324	324	24 treasurer;
325	325	25 (B) with sufficient postage; and
326	326	26 (C) postmarked by the United States Postal Service as mailed
327	327	27 on or before the thirtieth day after the due date;
328	328	28 (3) deposited with a nationally recognized express parcel carrier
329	329	29 and is:
330	330	30 (A) properly addressed to the principal office of the county
331	331	31 treasurer; and
332	332	32 (B) verified by the express parcel carrier as:
333	333	33 (i) paid in full for final delivery; and
334	334	34 (ii) received by the express parcel carrier on or before the
335	335	35 thirtieth day after the due date;
336	336	36 (4) deposited to be mailed through United States registered mail,
337	337	37 United States certified mail, or United States certificate of
338	338	38 mailing:
339	339	39 (A) properly addressed to the principal office of the county
340	340	40 treasurer;
341	341	41 (B) with sufficient postage; and
342	342	42 (C) with a date of registration, certification, or certificate, as
343	343	2023 IN 1147—LS 6884/DI 129 8
344	344	1 evidenced by any record authenticated by the United States
345	345	2 Postal Service, on or before the thirtieth day after the due date;
346	346	3 or
347	347	4 (5) deposited in United States first class mail:
348	348	5 (A) properly addressed to the principal office of the county
349	349	6 treasurer;
350	350	7 (B) with sufficient metered postage from a meter postage
351	351	8 provider approved by the United States Postal Service; and
352	352	9 (C) with a postage meter stamp affixed to the envelope that
353	353	10 must bear the actual date the postage meter stamp was affixed
354	354	to the envelope, which must be on or before 11 the thirtieth day
355	355	12 after the due date;
356	356	13 and the payment is received by the county treasurer not later than
357	357	five (5) business days 14 after the thirtieth day after the due date.
358	358	15 (h) As used in this subsection, "initial penalty period" has the
359	359	16 meaning set forth in subsection (g). If a payment is mailed through the
360	360	17 United States mail and is physically received after the due date or after
361	361	18 the initial penalty period without a legible correct postmark, the person
362	362	19 who mailed the payment is considered to have made the payment:
363	363	20 (1) on or before the due date if the person can show by reasonable
364	364	21 evidence that the payment was deposited in the United States mail
365	365	22 on or before the due date; or
366	366	23 (2) within the initial penalty period, if the person can show by
367	367	24 reasonable evidence that the payment was deposited in the United
368	368	25 States mail on or before the thirtieth day after the due date.
369	369	26 (i) As used in this subsection, "initial penalty period" has the
370	370	27 meaning set forth in subsection (g). This section applies if a payment
371	371	28 is sent via the United States mail or a nationally recognized express
372	372	29 parcel carrier but is not received by the designated recipient, the person
373	373	30 who sent the payment is considered to have made the payment:
374	374	31 (1) on or before the due date if the person:
375	375	32 (A) can show by reasonable evidence that the payment was
376	376	33 deposited in the United States mail, or with the express parcel
377	377	34 carrier, on or before the due date; and
378	378	35 (B) makes a duplicate payment within thirty (30) days after the
379	379	36 date the person is notified that the payment was not received;
380	380	37 or
381	381	38 (2) within the initial penalty period, if the person:
382	382	39 (A) can show by reasonable evidence that the payment was
383	383	40 deposited in the United States mail, or with the express parcel
384	384	41 carrier, on or before the thirtieth day after the due date; and
385	385	42 (B) makes a duplicate payment within thirty (30) days after the
386	386	2023 IN 1147—LS 6884/DI 129 9
387	387	1 date the person is notified that the payment was not received.
388	388	2 SECTION 4. IC 6-1.1-37-10.2 IS ADDED TO THE INDIANA
389	389	3 CODE AS A NEW SECTION TO READ AS FOLLOWS
390	390	4 [EFFECTIVE JULY 1, 2023]: Sec. 10.2. (a) This section applies to all
391	391	5 counties in which there is at least one (1) land bank established in
392	392	6 the county.
393	393	7 (b) As used in this section, "land bank" has the meaning set
394	394	8 forth in IC 36-7-38-1(3).
395	395	9 (c) Subject to subsection (d), a county fiscal body may adopt an
396	396	10 ordinance to impose, in addition to the five percent (5%) penalty
397	397	11 set forth in section 10(a)(1) of this chapter for delinquent real
398	398	12 property taxes, an additional penalty of not more than three
399	399	13 percent (3%) for a total penalty that may not exceed eight percent
400	400	14 (8%) of the amount of delinquent taxes.
401	401	15 (d) The county fiscal body may not impose the additional
402	402	16 penalty described in subsection (c) on delinquent real property tax
403	403	17 payments that are attributable to real property receiving a
404	404	18 homestead standard deduction under IC 6-1.1-12-37 for the most
405	405	19 recent assessment date.
406	406	20 (e) A county fiscal body that has adopted an ordinance under
407	407	21 subsection (c) that is in effect in the county may rescind the
408	408	22 ordinance adopted under subsection (c).
409	409	23 (f) An ordinance adopted under this section is effective on
410	410	24 January 1 of the year immediately following the year in which the
411	411	25 ordinance is adopted.
412	412	26 (g) Notwithstanding section 12 of this chapter, IC 6-1.1-22-9(f),
413	413	27 or any other law, if an ordinance adopted under subsection (c) is in
414	414	28 effect in a county, the county treasurer shall do the following:
415	415	29 (1) For a county in which there is only one (1) land bank,
416	416	30 quarterly distribute the additional penalty authorized under
417	417	31 this section to the land bank.
418	418	32 (2) For a county in which there is more than one (1) land
419	419	33 bank, quarterly distribute the additional penalty authorized
420	420	34 under this section to each land bank in an amount
421	421	35 proportional to the population of the territory of each land
422	422	36 bank as it bears to the total population in the county.
423	423	37 SECTION 5. IC 29-1-7-23, AS AMENDED BY P.L.26-2022,
424	424	38 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
425	425	39 JULY 1, 2023]: Sec. 23. (a) When a person dies, the person's real and
426	426	40 personal property passes to persons to whom it is devised by the
427	427	41 person's last will or, in the absence of such disposition, to the persons
428	428	42 who succeed to the person's estate as the person's heirs; but it shall be
429	429	2023 IN 1147—LS 6884/DI 129 10
430	430	1 subject to the possession of the personal representative and to the
431	431	2 election of the surviving spouse and shall be chargeable with the
432	432	3 expenses of administering the estate, the payment of other claims and
433	433	4 the allowances under IC 29-1-4-1, except as otherwise provided in
434	434	5 IC 29-1.
435	435	6 (b) A person may sign and record an affidavit to establish prima
436	436	7 facie evidence of the passage of real estate title to distributees under
437	437	8 this section. An affidavit under this section may contain the following
438	438	9 information:
439	439	10 (1) The decedent's name and date of death.
440	440	11 (2) A statement of the affiant's relationship to the decedent.
441	441	12 (3) A description of how the following deeds or other instruments
442	442	13 vested in the decedent an ownership or leasehold interest in real
443	443	14 property, with a cross-reference if applicable, under
444	444	15 IC 36-2-7-10(l) IC 36-2-7-10(m) to each deed or other
445	445	16 instrument:
446	446	17 (A) Deeds or other instruments recorded in the office of the
447	447	18 recorder where the real property is located.
448	448	19 (B) Deeds or other instruments that disclose a title transaction
449	449	20 (as defined in IC 32-20-2-7).
450	450	21 (4) The legal description of the conveyed real property as it
451	451	22 appears in instruments described in subdivision (3).
452	452	23 (5) The names of all distributees known to the affiant.
453	453	24 (6) An explanation of how each interest in the real property
454	454	25 passed upon the decedent's death to each distributee by:
455	455	26 (A) intestate succession under IC 29-1-2-1; or
456	456	27 (B) the decedent's last will and testament that has been
457	457	28 admitted to probate under section 13 of this chapter, with
458	458	29 references to:
459	459	30 (i) the name and location of the court that issued the order
460	460	31 admitting the will to probate; and
461	461	32 (ii) the date when the court admitted the decedent's will to
462	462	33 probate.
463	463	34 (7) An explanation of how any fractional interests in the real
464	464	35 property that may have passed to multiple distributees were
465	465	36 calculated and apportioned.
466	466	37 (c) Upon presentation of an affidavit described in subsection (b), the
467	467	38 auditor of the county where the real property described in the affidavit
468	468	39 is located must endorse the affidavit as an instrument that is exempt
469	469	40 from the requirements to file a sales disclosure form and must enter the
470	470	41 names of the distributees shown on the affidavit on the tax duplicate on
471	471	42 which the real property is transferred, assessed, and taxed under
472	472	2023 IN 1147—LS 6884/DI 129 11
473	473	1 IC 6-1.1-5-7. After December 31, 2023, an auditor may not refuse to
474	474	2 endorse an affidavit because the affidavit is an electronic document.
475	475	3 (d) Upon presentation of an affidavit described in subsection (b), the
476	476	4 recorder of the county where the real property described in the affidavit
477	477	5 is located must:
478	478	6 (1) record the affidavit; and
479	479	7 (2) index the affidavit as the most recent instrument responsible
480	480	8 for the transfer of the real property described in subsection (b)(4).
481	481	9 (e) Any person may rely upon an affidavit recorded with the county
482	482	10 recorder:
483	483	11 (1) made in good faith; and
484	484	12 (2) under this section;
485	485	13 as prima facie evidence of an effective transfer of the decedent's title
486	486	14 to the real property interest under subsection (a) to the distributee
487	487	15 described in the affidavit.
488	488	16 (f) If:
489	489	17 (1) at least seven (7) months have elapsed since the decedent's
490	490	18 death;
491	491	19 (2) the clerk of the court described in subsection (b)(6)(B) has not
492	492	20 issued letters testamentary or letters of administration to the court
493	493	21 appointed personal representative for the decedent within the time
494	494	22 limits specified under section 15.1(d) of this chapter; and
495	495	23 (3) the court described in subsection (b)(6)(B) has not issued
496	496	24 findings and an accompanying order preventing the limitations in
497	497	25 section 15.1(b) of this chapter from applying to the decedent's real
498	498	26 property;
499	499	27 any person may rely upon the affidavit described in subsection (e) as
500	500	28 evidence that the real property may not be sold by an executor or
501	501	29 administrator of the decedent's estate to pay a debt or obligation of the
502	502	30 decedent, which is not a lien of record in the county in which the real
503	503	31 property is located, or to pay any costs of administration of the
504	504	32 decedent's estate.
505	505	33 SECTION 6. IC 36-2-7-10, AS AMENDED BY P.L.19-2021,
506	506	34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
507	507	35 JULY 1, 2023]: Sec. 10. (a) The following definitions apply to this
508	508	36 section:
509	509	37 (1) "Copy" means:
510	510	38 (A) transcribing or duplicating a document by handwriting,
511	511	39 photocopy, xerography, or duplicating machine;
512	512	40 (B) duplicating electronically stored data onto a disk, tape,
513	513	41 drum, or any other means of electronic data storage; or
514	514	42 (C) reproducing a document by any other means.
515	515	2023 IN 1147—LS 6884/DI 129 12
516	516	1 (2) "Mortgage" means a transfer of rights to real property, in a
517	517	2 form substantially similar to that set forth in IC 32-29-1-5, with or
518	518	3 without warranty from the grantor. The term does not include:
519	519	4 (A) a mortgage modification;
520	520	5 (B) a mortgage assignment; or
521	521	6 (C) a mortgage release.
522	522	7 (3) "Multiple transaction document" means a document
523	523	8 containing two (2) or more transactions of the same type.
524	524	9 (4) "Record" or "recording" means the act of placing a document
525	525	into the official records of the county recorder and 10 includes the
526	526	11 functions of filing and filing for record.
527	527	12 (b) The county recorder shall charge and collect the fees prescribed
528	528	13 by this section for recording, filing, copying, and other services the
529	529	14 recorder renders, and shall pay them into the county treasury at the end
530	530	15 of each calendar month. The fees prescribed and collected under this
531	531	16 section supersede all other recording fees required by law to be charged
532	532	17 for services rendered by the county recorder.
533	533	18 (c) The county recorder shall charge the following:
534	534	19 (1) Twenty-five dollars ($25) for recording any deed or other
535	535	20 instrument, other than a mortgage.
536	536	21 (2) Fifty-five dollars ($55) for recording any mortgage.
537	537	22 (3) For pages larger than eight and one-half (8 1/2) inches by
538	538	23 fourteen (14) inches twenty-five dollars ($25) for the first page
539	539	24 and five dollars ($5) for each additional page of any document the
540	540	25 recorder records, if the pages are larger than eight and one-half (8
541	541	26 1/2) inches by fourteen (14) inches.
542	542	27 (4) If the county recorder has elected to attest to the release,
543	543	28 partial release, or assignment of any mortgage, judgment, lien, or
544	544	29 oil and gas lease contained on a multiple transaction document,
545	545	30 the fee for each transaction after the first is seven dollars ($7) plus
546	546	31 the amount provided in subdivision (1).
547	547	32 (5) For furnishing copies of records, the fee for each copy is:
548	548	33 (A) one dollar ($1) per page that is not larger than eleven (11)
549	549	34 inches by seventeen (17) inches; and
550	550	35 (B) five dollars ($5) per page that is larger than eleven (11)
551	551	36 inches by seventeen (17) inches.
552	552	37 (6) Five dollars ($5) for acknowledging or certifying to a
553	553	38 document.
554	554	39 (7) A fee in an amount authorized by an ordinance adopted by the
555	555	40 county legislative body for duplicating a computer tape, a
556	556	41 computer disk, an optical disk, microfilm, or similar media. This
557	557	42 fee may not cover making a handwritten copy or a photocopy or
558	558	2023 IN 1147—LS 6884/DI 129 13
559	559	1 using xerography or a duplicating machine.
560	560	2 (8) Twenty-five dollars ($25) per parcel for recording the release
561	561	3 of a lien or liens of a political subdivision for a property sold or
562	562	4 transferred under IC 6-1.1-24-6.1 or IC 36-1-11, regardless of the
563	563	5 number of liens held by the political subdivision. This fee applies
564	564	6 to each political subdivision with a lien or liens on a parcel. In
565	565	7 addition to the fee under this subdivision, if a county fiscal body
566	566	8 adopts a fee under section 10.7 of this chapter, the county
567	567	9 recorder may charge the fee under section 10.7 of this chapter for
568	568	10 each document recorded by a political subdivision under this
569	569	11 subdivision.
570	570	12 (9) This subdivision applies in a county only if at least one (1)
571	571	13 unit in the county has established an affordable housing fund
572	572	14 under IC 5-20-5-15.5 and the county fiscal body adopts an
573	573	15 ordinance authorizing the fee described in this subdivision. An
574	574	16 ordinance adopted under this subdivision may authorize the
575	575	17 county recorder to charge a fee of ten dollars ($10) for each
576	576	18 document the recorder records.
577	577	19 (10) This subdivision applies in a county containing a
578	578	20 consolidated city that has established a housing trust fund under
579	579	21 IC 36-7-15.1-35.5(e). This subdivision does not apply if the
580	580	22 county fiscal body adopts a fee under section 10.7 of this chapter.
581	581	23 The county fiscal body may adopt an ordinance authorizing the
582	582	24 fee described in this subdivision. An ordinance adopted under this
583	583	25 subdivision may authorize the county recorder to charge a fee of:
584	584	26 (A) two dollars and fifty cents ($2.50) for the first page; and
585	585	27 (B) one dollar ($1) for each additional page;
586	586	28 of each document the recorder records.
587	587	29 (11) This subdivision applies in a county where an eligible unit
588	588	30 (as defined in IC 36-7-38-1(2)) has established a land bank
589	589	31 under IC 36-7-38-2. The county fiscal body may adopt an
590	590	32 ordinance authorizing the fee described in this subdivision. An
591	591	33 ordinance adopted under this subdivision may authorize the
592	592	34 county recorder to charge a fee of fifteen dollars ($15) for
593	593	35 each document recorded on a tract located in the territory of
594	594	36 a land bank.
595	595	37 (d) This subsection does not apply in a county containing a
596	596	38 consolidated city. Section 10.5 of this chapter applies to the deposit of
597	597	39 fees collected under subsection (c)(1) and (c)(8) in a county containing
598	598	40 a consolidated city. The county recorder shall deposit the fees collected
599	599	41 under subsection (c)(1) and (c)(8) as follows:
600	600	42 (1) Eight dollars ($8) in the county general fund.
601	601	2023 IN 1147—LS 6884/DI 129 14
602	602	1 (2) Five dollars ($5) in the county surveyor's corner perpetuation
603	603	2 fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
604	604	3 (3) Ten dollars ($10) in the county recorder's records perpetuation
605	605	4 fund established under subsection (f).
606	606	5 (4) One dollar ($1) in the county identification security protection
607	607	6 fund established under IC 36-2-7.5-11.
608	608	7 (5) One dollar ($1) in the county elected officials training fund
609	609	8 under IC 36-2-7-19.
610	610	9 (e) This subsection does not apply in a county containing a
611	611	10 consolidated city. Section 10.5 of this chapter applies to the deposit of
612	612	11 fees collected under subsection (c)(2) in a county containing a
613	613	12 consolidated city. The county recorder shall deposit the fees collected
614	614	13 under subsection (c)(2) as follows:
615	615	14 (1) Thirty-four dollars ($34) in the county general fund.
616	616	15 (2) Five dollars ($5) in the county surveyor's corner perpetuation
617	617	16 fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
618	618	17 (3) Eleven dollars and fifty cents ($11.50) in the county recorder's
619	619	18 records perpetuation fund established under subsection (f).
620	620	19 (4) Two dollars and fifty cents ($2.50) with the county treasurer
621	621	20 to be distributed in accordance with IC 24-9-9-3 and IC 24-9-9-4.
622	622	21 (5) One dollar ($1) in the county identification security protection
623	623	22 fund established under IC 36-2-7.5-11.
624	624	23 (6) One dollar ($1) in the county elected officials training fund
625	625	24 under IC 36-2-7-19.
626	626	25 (f) The county treasurer shall establish a county recorder's records
627	627	26 perpetuation fund. The fund consists of all fees collected under this
628	628	27 section for deposit in the fund and amounts transferred to the fund from
629	629	the county identification security protection fund under IC 36-2-7.5-11.28
630	630	29 Except as provided in section 10.2 of this chapter, the county recorder
631	631	30 may use any money in this fund without appropriation for:
632	632	31 (1) the preservation of records; and
633	633	32 (2) the improvement of record keeping systems and equipment;
634	634	33 within the control of the county recorder. Money from the fund may not
635	635	34 be deposited or transferred into the county general fund and does not
636	636	35 revert to the county general fund at the end of a fiscal year.
637	637	36 (g) The county recorder shall post the fees set forth in subsection (c)
638	638	37 in a prominent place within the county recorder's office where the fee
639	639	38 schedule will be readily accessible to the public.
640	640	39 (h) The county recorder may not charge or collect any fee for:
641	641	40 (1) recording an official bond of a public officer, a deputy, an
642	642	41 appointee, or an employee; or
643	643	42 (2) performing any service under any of the following:
644	644	2023 IN 1147—LS 6884/DI 129 15
645	645	1 (A) IC 6-1.1-22-2(c).
646	646	2 (B) IC 8-23-7.
647	647	3 (C) IC 8-23-23.
648	648	4 (D) IC 10-17-2-3.
649	649	5 (E) IC 10-17-3-2.
650	650	6 (F) IC 12-14-13.
651	651	7 (G) IC 12-14-16.
652	652	8 (i) The state and its agencies and instrumentalities are required to
653	653	9 pay the recording fees and charges that this section prescribes.
654	654	10 (j) This subsection applies to a county other than a county
655	655	11 containing a consolidated city. The county treasurer shall distribute
656	656	12 money collected by the county recorder under subsection (c)(9) as
657	657	13 follows:
658	658	14 (1) Sixty percent (60%) of the money collected by the county
659	659	15 recorder under subsection (c)(9) shall be distributed to the units
660	660	16 in the county that have established an affordable housing fund
661	661	17 under IC 5-20-5-15.5 for deposit in the fund. The amount to be
662	662	18 distributed to a unit is the amount available for distribution
663	663	19 multiplied by a fraction. The numerator of the fraction is the
664	664	20 population of the unit. The denominator of the fraction is the
665	665	21 population of all units in the county that have established an
666	666	22 affordable housing fund. The population to be used for a county
667	667	23 that establishes an affordable housing fund is the population of
668	668	24 the county outside any city or town that has established an
669	669	25 affordable housing fund.
670	670	26 (2) Forty percent (40%) of the money collected by the county
671	671	27 recorder under subsection (c)(9) shall be distributed to the
672	672	28 treasurer of state for deposit in the affordable housing and
673	673	29 community development fund established under IC 5-20-4-7 for
674	674	30 the purposes of the fund.
675	675	31 Money shall be distributed under this subsection before the sixteenth
676	676	32 day of the month following the month in which the money is collected
677	677	33 from the county recorder.
678	678	34 (k) This subsection applies to a county described in subsection
679	679	35 (c)(10). The county treasurer shall distribute money collected by the
680	680	36 county recorder under subsection (c)(10) as follows:
681	681	37 (1) Sixty percent (60%) of the money collected by the county
682	682	38 recorder under subsection (c)(10) shall be deposited in the
683	683	39 housing trust fund established under IC 36-7-15.1-35.5(e) for the
684	684	40 purposes of the fund.
685	685	41 (2) Forty percent (40%) of the money collected by the county
686	686	42 recorder under subsection (c)(10) shall be distributed to the
687	687	2023 IN 1147—LS 6884/DI 129 16
688	688	1 treasurer of state for deposit in the affordable housing and
689	689	2 community development fund established under IC 5-20-4-7 for
690	690	3 the purposes of the fund.
691	691	4 Money shall be distributed under this subsection before the sixteenth
692	692	5 day of the month following the month in which the money is collected
693	693	6 from the county recorder.
694	694	7 (l) This subsection applies to a county described in subsection
695	695	8 (c)(11). The county treasurer shall distribute money collected by
696	696	9 the county recorder under subsection (c)(11) to a land bank located
697	697	10 in the county before the sixteenth day of the month following the
698	698	11 month in which the money is collected from the county recorder.
699	699	12 If there is more than one (1) land bank established within a county,
700	700	13 the county treasurer shall distribute the proceeds collected from
701	701	14 the county recorder to a land bank in an amount proportional to
702	702	15 the population of the territory of each land bank as it bears to the
703	703	16 total population in the county.
704	704	17 (l) (m) The county recorder may also include a cross-reference or
705	705	18 multiple cross-references identified in a document for recording under
706	706	19 this section. For cross-references not otherwise required by statute or
707	707	20 county ordinance, the person submitting the document for recording
708	708	21 shall clearly identify on the front page of the instrument the specific
709	709	22 cross-reference or cross-references to be included with the recorded
710	710	23 documents.
711	711	24 SECTION 7. IC 36-7-38-1, AS AMENDED BY P.L.26-2020,
712	712	25 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
713	713	26 JULY 1, 2023]: Sec. 1. The following definitions apply throughout this
714	714	27 chapter:
715	715	28 (1) "Distressed real property" includes real property in a neglected
716	716	29 or unmarketable condition.
717	717	30 (2) "Eligible unit" means:
718	718	31 (A) a county;
719	719	32 (B) a consolidated city;
720	720	33 (C) a second class city; or
721	721	34 (D) a third class city;
722	722	35 to which IC 36-7-9 applies.
723	723	36 (3) "Land bank" means an entity established under section 2 of
724	724	37 this chapter.
725	725	38 (4) "Person" means an individual, a corporation, a limited liability
726	726	39 company, a partnership, or other legal entity.
727	727	40 (5) "Vacant real property" has the meaning set forth in
728	728	41 IC 36-7-36-5.
729	729	42 SECTION 8. IC 36-7-38-2, AS AMENDED BY P.L.26-2020,
730	730	2023 IN 1147—LS 6884/DI 129 17
731	731	1 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
732	732	2 JULY 1, 2023]: Sec. 2. (a) The legislative body of an eligible unit may
733	733	3 adopt an ordinance:
734	734	4 (1) establishing a body corporate and politic; or
735	735	5 (2) directing the executive of the eligible unit to organize a
736	736	6 nonprofit corporation under IC 23-17;
737	737	7 as an independent instrumentality exercising essential governmental
738	738	8 functions.
739	739	9 (b) The legislative bodies of two (2) or more eligible units within a
740	740	10 single county or within two (2) or more contiguous counties may enter
741	741	11 into an interlocal agreement under IC 36-1-7:
742	742	12 (1) establishing a body corporate and politic; or
743	743	13 (2) directing the executive of one (1) of the eligible units entering
744	744	14 into the interlocal agreement to organize a nonprofit corporation
745	745	15 under IC 23-17;
746	746	16 as an independent instrumentality exercising essential governmental
747	747	17 functions.
748	748	18 (c) The primary purpose of a land bank established under subsection
749	749	19 (a) or (b) is to manage and improve the marketability of vacant real
750	750	20 property and distressed real property located in the territory of the
751	751	21 land bank.
752	752	22 (d) An ordinance or interlocal agreement establishing a land bank
753	753	23 must specify the following information:
754	754	24 (1) The name of the land bank.
755	755	25 (2) The number of board members and requirements for
756	756	26 appointment to the board, subject to section 4 of this chapter.
757	757	27 (e) The territory of a land bank established under subsection (a) is:
758	758	28 (1) in the case of an eligible unit that is a municipality, the
759	759	29 territory of the municipality; or
760	760	30 (2) in the case of an eligible unit that is a county, all the territory
761	761	31 of the county, except for the territory of any municipality in the
762	762	32 county that has established another land bank.
763	763	33 (f) The territory of a land bank established under subsection (b) is
764	764	34 the territory of all the eligible units that have established the land bank,
765	765	35 except for the territory of any municipality that has established another
766	766	36 land bank under subsection (a) or (b).
767	767	37 SECTION 9. IC 36-7-38-4, AS ADDED BY P.L.211-2016,
768	768	38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
769	769	39 JULY 1, 2023]: Sec. 4. (a) A land bank is governed by a board of at
770	770	40 least seven (7) and at most nine (9) directors.
771	771	41 (b) A director At least a majority of the directors of a land bank
772	772	42 appointed under this section chapter must have demonstrated
773	773	2023 IN 1147—LS 6884/DI 129 18
774	774	1 competency in an occupation or discipline that is relevant to the
775	775	2 primary purpose of a land bank.
776	776	3 (c) Except as provided in this chapter, the term of a director of a
777	777	4 land bank is for three (3) consecutive calendar years.
778	778	5 (d) If a director of a land bank is unable to complete the director's
779	779	6 term, the authority that appointed the director shall appoint a successor
780	780	7 to serve for the remainder of the incomplete term.
781	781	8 SECTION 10. IC 36-7-38-4.5, AS ADDED BY P.L.26-2020,
782	782	9 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
783	783	10 JULY 1, 2023]: Sec. 4.5. (a) This section applies to the board of a land
784	784	11 bank established under section 2(b) of this chapter.
785	785	12 (b) The interlocal agreement providing for the establishment of the
786	786	13 land bank must specify:
787	787	14 (1) subject to section 4(a) of this chapter, the number of directors
788	788	15 of the board of the land bank;
789	789	16 (2) any directors that are to serve as ex officio directors of the
790	790	17 board; and
791	791	18 (3) for each director of the board that is to be appointed, the
792	792	19 appointing authority.
793	793	20 (c) The interlocal agreement must also specify that the
794	794	21 requirement established by section 4(b) of this chapter applies to
795	795	22 the appointment of a director to the board of a land bank created
796	796	23 under this section.
797	797	24 SECTION 11. IC 36-7-38-7.7 IS ADDED TO THE INDIANA
798	798	25 CODE AS A NEW SECTION TO READ AS FOLLOWS
799	799	26 [EFFECTIVE JULY 1, 2023]: Sec. 7.7. (a) A land bank may establish
800	800	27 one (1) or more advisory committees to consult with and advise the
801	801	28 land bank on:
802	802	29 (1) properties within the territory of the land bank that are
803	803	30 imposing the greatest harm on residents and neighborhoods;
804	804	31 (2) resident and neighborhood priorities for new uses of land
805	805	32 bank properties; and
806	806	33 (3) options for potential transferees of land bank properties.
807	807	34 (b) As appropriate to the location of the real property of the
808	808	35 land bank and if a land bank elects to establish an advisory
809	809	36 committee under this section, the membership of the advisory
810	810	37 community shall include but is not limited to individuals from
811	811	38 formal and informal neighborhood specific community
812	812	39 associations, residents' associations, faith communities, community
813	813	40 development corporations, and anchor institutions.
814	814	41 SECTION 12. IC 36-7-38-8, AS ADDED BY P.L.211-2016,
815	815	42 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
816	816	2023 IN 1147—LS 6884/DI 129 19
817	817	1 JULY 1, 2023]: Sec. 8. Except as otherwise provided in this chapter,
818	818	2 a land bank is granted all powers necessary, convenient, or appropriate
819	819	3 to carry out and effectuate the land bank's public and corporate
820	820	4 purposes, which include the power to do the following:
821	821	5 (1) Sue or be sued in the land bank's own name.
822	822	6 (2) Enter into contracts.
823	823	7 (3) Establish accounts with financial institutions.
824	824	8 (4) Acquire by:
825	825	9 (A) purchase;
826	826	10 (B) exchange;
827	827	11 (C) gift;
828	828	12 (D) donation;
829	829	13 (E) grant;
830	830	14 (F) lease; or
831	831	15 (G) any combination of the methods listed in clauses (A)
832	832	16 through (F);
833	833	17 any real or personal property or interest in property needed
834	834	18 to carry out the mission of the land bank.
835	835	19 (4) (5) Acquire, lease, improve, repair, renovate, and dispose of
836	836	20 property.
837	837	21 (5) (6) Borrow money, including the ability to issue bonds.
838	838	22 (6) (7) Pledge collateral.
839	839	23 (7) (8) Make investments.
840	840	24 (8) (9) Hire employees and other appropriate staff, including an
841	841	25 executive director. In accordance with section 18 of this
842	842	26 chapter, a land bank may determine the qualifications and fix
843	843	27 the compensation and benefits provided for employees, other
844	844	28 staff, and the executive director.
845	845	29 (9) (10) Procure insurance.
846	846	30 SECTION 13. IC 36-7-38-9, AS ADDED BY P.L.211-2016,
847	847	31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
848	848	32 JULY 1, 2023]: Sec. 9. (a) A land bank shall endeavor to acquire a
849	849	33 diverse portfolio of properties to enable the land bank to dispose of
850	850	34 diverse properties in diverse real estate markets in the county or
851	851	35 municipal territory that the land bank serves and, thereby, generate
852	852	36 revenue for the land bank in a sustainable manner. put the properties
853	853	37 back to productive use, improve property conditions, contribute to
854	854	38 local and regional neighborhood stabilization efforts, expand
855	855	39 opportunities for development, and have a positive impact on the
856	856	40 local tax base. A land bank shall acquire property for the purpose of
857	857	41 supporting the mission of the land bank.
858	858	42 (b) A land bank's priorities concerning the disposition of properties
859	859	2023 IN 1147—LS 6884/DI 129 20
860	860	1 from the land bank must support the mission of the land bank, which
861	861	2 includes the sale or transfer of properties:
862	862	3 (1) for redevelopment that will act as a catalyst for further
863	863	4 development;
864	864	5 (2) that support a comprehensive development plan or strategic
865	865	6 plan for neighborhood revitalization;
866	866	7 (3) that reduce blight the number of blighted properties in the
867	867	8 community;
868	868	9 (4) that revitalize or stabilize neighborhoods;
869	869	10 (5) that will be returned to productive, tax paying status;
870	870	11 (6) that will be returned to productive uses, including
871	871	12 development of side lots, green spaces, and gardens;
872	872	13 (7) that are available for immediate ownership or occupancy
873	873	14 without a need for substantial rehabilitation;
874	874	15 (8) that will be used for affordable housing; or
875	875	16 (9) that will generate operating support for the functions of a land
876	876	17 bank.
877	877	18 SECTION 14. IC 36-7-38-10, AS ADDED BY P.L.211-2016,
878	878	19 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
879	879	20 JULY 1, 2023]: Sec. 10. (a) A land bank shall do the following:
880	880	21 (1) Maintain an inventory of real property held by the land bank.
881	881	22 (2) Develop policies, guidelines, and procedures for the
882	882	23 acquisition, redevelopment, and disposition of property by and
883	883	24 from the land bank. The policies, guidelines, and procedures
884	884	25 developed under this subdivision must be formulated in plain
885	885	26 language with the objective of being clearly understood.
886	886	27 (3) Make the information described in subdivisions (1) and (2)
887	887	28 available for inspection:
888	888	29 (A) at the offices of the land bank during regular business
889	889	30 hours; and
890	890	31 (B) on the land bank's Internet web site. website.
891	891	32 (4) Coordinate the land bank's activities with any land use plans
892	892	33 that affect real property held by the land bank.
893	893	34 (b) If real property held by a county land bank is located in the
894	894	35 territory of a municipality of the county, the county land bank shall
895	895	36 offer to convey the real property to the municipality before the county
896	896	37 land bank offers, or accepts an offer, to convey the real property to any
897	897	38 other individual or entity. An offer to convey real property made by a
898	898	39 county land bank to a municipality under this section subsection
899	899	40 expires sixty (60) days after the county land bank makes the offer,
900	900	41 unless the county land bank and the municipality agree to another
901	901	42 period.
902	902	2023 IN 1147—LS 6884/DI 129 21
903	903	1 (c) This subsection applies to a land bank created pursuant to an
904	904	2 interlocal agreement under section 2(b) of this chapter that is
905	905	3 composed of two (2) or more contiguous counties. If real property
906	906	4 held by a land bank composed of two (2) or more contiguous
907	907	5 counties is located in the territory of a municipality of a county
908	908	6 that is a party to the interlocal agreement, the land bank shall offer
909	909	7 to convey the real property to the municipality before the land
910	910	8 bank offers, or accepts an offer, to convey the real property to any
911	911	9 other individual or entity. An offer to convey real property made
912	912	10 by a land bank composed of two (2) or more counties to a
913	913	11 municipality under this subsection expires sixty (60) days after the
914	914	12 land bank makes the offer, unless the land bank and the
915	915	13 municipality agree to another period.
916	916	14 SECTION 15. IC 36-7-38-11, AS ADDED BY P.L.211-2016,
917	917	15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
918	918	16 JULY 1, 2023]: Sec. 11. (a) A land bank may:
919	919	17 (1) enter into an interlocal agreement under IC 36-1-7 with
920	920	18 another governmental entity, including, subject to subsection
921	921	19 (b), the establishment of processes to improve the quality of
922	922	20 title and marketability of property the land bank owns by
923	923	21 extinguishing any liens that exist on the property; or
924	924	22 (2) otherwise contract with another governmental entity in Indiana
925	925	23 to perform services for the governmental entity.
926	926	24 (b) The following are exempt from the scope of an interlocal
927	927	25 agreement described in subsection (a)(1) to extinguish liens that
928	928	26 exist on a property the land bank owns:
929	929	27 (1) A lien granted priority under federal law.
930	930	28 (2) A lien of the state.
931	931	29 (3) Any valid easements, covenants, declarations, or deed
932	932	30 restrictions that encumber the property as shown in the
933	933	31 public record.
934	934	32 SECTION 16. IC 36-7-38-18, AS ADDED BY P.L.211-2016,
935	935	33 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
936	936	34 JULY 1, 2023]: Sec. 18. (a) Employees of a land bank are not
937	937	35 employees of the eligible unit that established the land bank.
938	938	36 (b) If a land bank enters into an interlocal agreement under
939	939	37 IC 36-1-7 as provided in section 11 of this chapter, any employees
940	940	38 of an eligible unit who may be contracted to provide staffing
941	941	39 services to the land bank pursuant to the interlocal agreement
942	942	40 retain their status as public employees of the eligible unit. Nothing
943	943	41 in this subsection shall be construed to alter or otherwise affect the
944	944	42 public employee's status as an employee of the eligible unit.
945	945	2023 IN 1147—LS 6884/DI 129 22
946	946	1 (b) (c) The board of a land bank may elect by resolution to provide
947	947	2 programs of group health insurance for the land bank's employees and
948	948	3 retired employees as provided under IC 5-10-8-2.6.
949	949	4 (c) (d) The board of a land bank may elect by resolution to provide
950	950	5 retirement and disability benefits for employees, which may be by
951	951	6 means of participation in the public employees' retirement fund as
952	952	7 provided under IC 5-10.3-6.
953	953	8 SECTION 17. IC 36-7-38-24 IS ADDED TO THE INDIANA
954	954	9 CODE AS A NEW SECTION TO READ AS FOLLOWS
955	955	10 [EFFECTIVE JULY 1, 2023]: Sec. 24. The county executive (as
956	956	11 defined in IC 6-1.1-23.9-1) must provide a land bank in the county
957	957	12 with a list of tracts in the territory of the land bank that:
958	958	13 (1) are delinquent on property taxes (as defined in
959	959	14 IC 6-1.1-37-10); and
960	960	15 (2) have been offered for sale by the county at two (2) or more
961	961	16 public sales held under IC 6-1.1-24 and remain unsold;
962	962	17 on an annual basis. The list must be provided to the land bank
963	963	18 within sixty (60) days after the end of the last tax sale held under
964	964	19 IC 6-1.1-24 for which the tracts went unsold. If a land bank
965	965	20 requests a tract on the list not later than ninety (90) days from the
966	966	21 date it receives the list, the county executive may assign the tax sale
967	967	22 certificate for the tract or convey the tract, as applicable, to the
968	968	23 land bank at no cost to the land bank.
969	969	2023 IN 1147—LS 6884/DI 129