Indiana 2024 Regular Session

Indiana House Bill HB1195 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. 1195
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 2-5-54.
7	7	Synopsis: Right to counsel eviction task force. Establishes the access
8	8	to counsel in eviction task force (task force) to review matters related
9	9	to the eviction process and potential funding sources to increase a
10	10	tenant's access to counsel in an eviction proceeding. Sets forth
11	11	membership, and requires the task force to issue a report to the
12	12	legislative council not later than November 15, 2024. Provides that the
13	13	task force expires December 31, 2024.
14	14	Effective: Upon passage.
15	15	Shackleford
16	16	January 9, 2024, read first time and referred to Committee on Government and Regulatory
17	17	Reform.
18	18	2024 IN 1195—LS 6576/DI 149 Introduced
19	19	Second Regular Session of the 123rd General Assembly (2024)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2023 Regular Session of the General Assembly.
29	29	HOUSE BILL No. 1195
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning the
31	31	general assembly.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 2-5-54 IS ADDED TO THE INDIANA CODE AS
34	34	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
35	35	3 PASSAGE]:
36	36	4 Chapter 54. Access to Counsel in Eviction Task Force
37	37	5 Sec. 1. As used in this chapter, "task force" refers to the access
38	38	6 to counsel in eviction task force established by section 2 of this
39	39	7 chapter.
40	40	8 Sec. 2. The access to counsel in eviction task force is established
41	41	9 as a temporary task force serving the general assembly.
42	42	10 Sec. 3. (a) The task force consists of the following twelve (12)
43	43	11 members, all of whom are voting members:
44	44	12 (1) A member of the house appointed by the speaker.
45	45	13 (2) A member of the house appointed by the minority leader
46	46	14 of the house.
47	47	15 (3) A member of the senate appointed by the president pro
48	48	16 tempore of the senate.
49	49	17 (4) A member of the senate appointed by the minority leader
50	50	2024 IN 1195—LS 6576/DI 149 2
51	51	1 of the senate.
52	52	2 (5) A member representing the Indiana Public Defender
53	53	3 Council, appointed by the governor.
54	54	4 (6) A member representing the Indiana State Bar Association,
55	55	5 appointed by the governor.
56	56	6 (7) A member representing the Fair Housing Center of
57	57	7 Central Indiana, appointed by the governor.
58	58	8 (8) A member representing the Indiana Apartment
59	59	9 Association, appointed by the governor.
60	60	10 (9) A member representing a tenant advocacy group,
61	61	11 appointed by the speaker.
62	62	12 (10) A member who is a judge who presides over eviction
63	63	13 cases in Indiana, appointed by the president pro tempore of
64	64	14 the senate.
65	65	15 (11) Two (2) members whose income does not exceed fifty
66	66	16 percent (50%) of the state median income adjusted for
67	67	17 household size, appointed as follows:
68	68	18 (A) One (1) member appointed by the minority leader of
69	69	19 the house.
70	70	20 (B) One (1) member appointed by the minority leader of
71	71	21 the senate.
72	72	22 (b) The members appointed under subsection (a)(1) and (a)(3)
73	73	23 shall serve as co-chairs of the task force for the duration of the task
74	74	24 force.
75	75	25 (c) A member of the task force serves for the duration of the
76	76	26 task force. However, a member of the task force, including each
77	77	27 co-chair of the task force, serves at the will of the member's
78	78	28 appointing authority.
79	79	29 (d) Appointing authorities shall appoint the members of the task
80	80	30 force not later than June 1, 2024.
81	81	31 Sec. 4. (a) The task force shall meet at the call of the co-chairs.
82	82	32 (b) The task force shall meet for the first time not later than
83	83	33 August 1, 2024.
84	84	34 (c) Seven (7) members of the task force constitute a quorum.
85	85	35 (d) The affirmative votes of a majority of the members of the
86	86	36 task force are required for the task force to take action on any
87	87	37 measure, including adoption of the report under section 7(2) of this
88	88	38 chapter.
89	89	39 (e) All meetings of the task force are open to the public in
90	90	40 accordance with and subject to IC 5-14-1.5. All records of the task
91	91	41 force are subject to the requirements of IC 5-14-3.
92	92	42 Sec. 5. (a) A lay or legislative member of the task force is
93	93	2024 IN 1195—LS 6576/DI 149 3
94	94	1 entitled to receive the same per diem, mileage, and travel
95	95	2 allowances paid to legislative members of interim study committees
96	96	3 established by the legislative council.
97	97	4 (b) A member of the task force who is:
98	98	5 (1) a state employee; and
99	99	6 (2) not a member of the general assembly;
100	100	7 is not entitled to a per diem. However, the member is entitled to
101	101	8 reimbursement for traveling expenses as provided under
102	102	9 IC 4-13-1-4 and other expenses actually incurred in connection
103	103	10 with the member's duties as provided in the state policies and
104	104	11 procedures established by the Indiana department of
105	105	12 administration and approved by the budget agency.
106	106	13 Sec. 6. The legislative services agency shall staff the task force.
107	107	14 The task force shall operate under the policies and rules of the
108	108	15 legislative council.
109	109	16 Sec. 7. The task force shall do the following:
110	110	17 (1) Conduct a study of:
111	111	18 (A) the eviction process throughout Indiana and the
112	112	19 performance of designated organizations and community
113	113	20 groups that provide eviction relief services; and
114	114	21 (B) potential funding sources to increase access to counsel
115	115	22 to represent a tenant subject to an eviction proceeding.
116	116	23 (2) Not later than November 15, 2024, adopt and submit to the
117	117	24 executive director of the legislative services agency, for
118	118	25 distribution to the legislative council, a report that includes
119	119	26 the following:
120	120	27 (A) The results of the task force's study under subdivision
121	121	28 (1).
122	122	29 (B) The task force's recommendations with regard to state
123	123	30 policies, including any recommended legislation, to provide
124	124	31 a tenant with increased access to counsel in an eviction
125	125	32 proceeding.
126	126	33 The report must be submitted in an electronic format under
127	127	34 IC 5-14-6.
128	128	35 Sec. 8. This chapter expires December 31, 2024.
129	129	36 SECTION 2. An emergency is declared for this act.
130	130	2024 IN 1195—LS 6576/DI 149