Introduced Version
HOUSE BILL No. 1195
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 2-5-54.
Synopsis: Right to counsel eviction task force. Establishes the access
to counsel in eviction task force (task force) to review matters related
to the eviction process and potential funding sources to increase a
tenant's access to counsel in an eviction proceeding. Sets forth
membership, and requires the task force to issue a report to the
legislative council not later than November 15, 2024. Provides that the
task force expires December 31, 2024.
Effective: Upon passage.
Shackleford
January 9, 2024, read first time and referred to Committee on Government and Regulatory
Reform.
2024 IN 1195—LS 6576/DI 149 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1195
A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 2-5-54 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
3 PASSAGE]:
4 Chapter 54. Access to Counsel in Eviction Task Force
5 Sec. 1. As used in this chapter, "task force" refers to the access
6 to counsel in eviction task force established by section 2 of this
7 chapter.
8 Sec. 2. The access to counsel in eviction task force is established
9 as a temporary task force serving the general assembly.
10 Sec. 3. (a) The task force consists of the following twelve (12)
11 members, all of whom are voting members:
12 (1) A member of the house appointed by the speaker.
13 (2) A member of the house appointed by the minority leader
14 of the house.
15 (3) A member of the senate appointed by the president pro
16 tempore of the senate.
17 (4) A member of the senate appointed by the minority leader
2024 IN 1195—LS 6576/DI 149 2
1 of the senate.
2 (5) A member representing the Indiana Public Defender
3 Council, appointed by the governor.
4 (6) A member representing the Indiana State Bar Association,
5 appointed by the governor.
6 (7) A member representing the Fair Housing Center of
7 Central Indiana, appointed by the governor.
8 (8) A member representing the Indiana Apartment
9 Association, appointed by the governor.
10 (9) A member representing a tenant advocacy group,
11 appointed by the speaker.
12 (10) A member who is a judge who presides over eviction
13 cases in Indiana, appointed by the president pro tempore of
14 the senate.
15 (11) Two (2) members whose income does not exceed fifty
16 percent (50%) of the state median income adjusted for
17 household size, appointed as follows:
18 (A) One (1) member appointed by the minority leader of
19 the house.
20 (B) One (1) member appointed by the minority leader of
21 the senate.
22 (b) The members appointed under subsection (a)(1) and (a)(3)
23 shall serve as co-chairs of the task force for the duration of the task
24 force.
25 (c) A member of the task force serves for the duration of the
26 task force. However, a member of the task force, including each
27 co-chair of the task force, serves at the will of the member's
28 appointing authority.
29 (d) Appointing authorities shall appoint the members of the task
30 force not later than June 1, 2024.
31 Sec. 4. (a) The task force shall meet at the call of the co-chairs.
32 (b) The task force shall meet for the first time not later than
33 August 1, 2024.
34 (c) Seven (7) members of the task force constitute a quorum.
35 (d) The affirmative votes of a majority of the members of the
36 task force are required for the task force to take action on any
37 measure, including adoption of the report under section 7(2) of this
38 chapter.
39 (e) All meetings of the task force are open to the public in
40 accordance with and subject to IC 5-14-1.5. All records of the task
41 force are subject to the requirements of IC 5-14-3.
42 Sec. 5. (a) A lay or legislative member of the task force is
2024 IN 1195—LS 6576/DI 149 3
1 entitled to receive the same per diem, mileage, and travel
2 allowances paid to legislative members of interim study committees
3 established by the legislative council.
4 (b) A member of the task force who is:
5 (1) a state employee; and
6 (2) not a member of the general assembly;
7 is not entitled to a per diem. However, the member is entitled to
8 reimbursement for traveling expenses as provided under
9 IC 4-13-1-4 and other expenses actually incurred in connection
10 with the member's duties as provided in the state policies and
11 procedures established by the Indiana department of
12 administration and approved by the budget agency.
13 Sec. 6. The legislative services agency shall staff the task force.
14 The task force shall operate under the policies and rules of the
15 legislative council.
16 Sec. 7. The task force shall do the following:
17 (1) Conduct a study of:
18 (A) the eviction process throughout Indiana and the
19 performance of designated organizations and community
20 groups that provide eviction relief services; and
21 (B) potential funding sources to increase access to counsel
22 to represent a tenant subject to an eviction proceeding.
23 (2) Not later than November 15, 2024, adopt and submit to the
24 executive director of the legislative services agency, for
25 distribution to the legislative council, a report that includes
26 the following:
27 (A) The results of the task force's study under subdivision
28 (1).
29 (B) The task force's recommendations with regard to state
30 policies, including any recommended legislation, to provide
31 a tenant with increased access to counsel in an eviction
32 proceeding.
33 The report must be submitted in an electronic format under
34 IC 5-14-6.
35 Sec. 8. This chapter expires December 31, 2024.
36 SECTION 2. An emergency is declared for this act.
2024 IN 1195—LS 6576/DI 149