Indiana 2024 Regular Session

Indiana House Bill HB1212 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. 1212
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 a person who wishes to participate in a tax sale as a bidder to
9	9	pay a neighborhood investment fee of not more than $150 and specifies
10	10	the manner in which neighborhood investment fees collected are to be
11	11	distributed to land banks. Allows a county to adopt an ordinance to
12	12	impose, in addition to the 5% penalty for delinquent real property
13	13	taxes, an additional penalty of not more than 3% for a total penalty that
14	14	may not exceed 8% of the amount of delinquent real property taxes
15	15	(additional penalty ordinance). Specifies the manner in which the
16	16	amounts collected attributable to an additional penalty ordinance are
17	17	to be distributed to land banks. Allows a county to adopt an ordinance
18	18	imposing a $15 fee for each document recorded on a tract located in the
19	19	territory of a land bank and specifies the manner in which the fee shall
20	20	be distributed to land banks. Makes various changes to the statutes
21	21	governing land banks that concern certain land bank powers,
22	22	objectives, and duties. Provides that a majority of the directors of a land
23	23	bank's board must have demonstrated competency in an occupation or
24	24	discipline that is relevant to the primary purpose of a land bank. Allows
25	25	a land bank to establish advisory committees composed of specified
26	26	community members to consult with and advise the land bank on: (1)
27	27	properties within the territory of the land bank that are imposing the
28	28	greatest harm on residents and neighborhoods; (2) resident and
29	29	neighborhood priorities for new uses of land bank properties; and (3)
30	30	options for potential transferees of land bank properties. Provides,
31	31	subject to certain limitations, that a land bank may use an interlocal
32	32	agreement to establish processes to improve the quality of title and
33	33	(Continued next page)
34	34	Effective: July 1, 2024.
35	35	Rowray
36	36	January 9, 2024, read first time and referred to Committee on Local Government.
37	37	2024 IN 1212—LS 6932/DI 129 Digest Continued
38	38	marketability of property the land bank owns by extinguishing any liens
39	39	that exist on the property. Provides that, if a land bank enters into an
40	40	interlocal agreement, any employees of an eligible unit who may be
41	41	contracted to provide staffing services to the land bank pursuant to the
42	42	interlocal agreement retain their status as public employees of the
43	43	eligible unit. Requires a county executive to provide a land bank in the
44	44	county with a list of tracts located in the territory of the land bank that:
45	45	(1) are delinquent on property taxes; and (2) have been offered for
46	46	public sale at least two times and remain unsold; on an annual basis.
47	47	Specifies that list must be provided to the land bank within 60 days
48	48	after the end of the last tax sale for which the tracts went unsold.
49	49	Allows the county executive to transfer its interest in a tract on the list
50	50	to a land bank if requested by the land bank not later than 90 days after
51	51	it receives the list.
52	52	2024 IN 1212—LS 6932/DI 1292024 IN 1212—LS 6932/DI 129 Introduced
53	53	Second Regular Session of the 123rd General Assembly (2024)
54	54	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
55	55	Constitution) is being amended, the text of the existing provision will appear in this style type,
56	56	additions will appear in this style type, and deletions will appear in this style type.
57	57	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
58	58	provision adopted), the text of the new provision will appear in this style type. Also, the
59	59	word NEW will appear in that style type in the introductory clause of each SECTION that adds
60	60	a new provision to the Indiana Code or the Indiana Constitution.
61	61	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
62	62	between statutes enacted by the 2023 Regular Session of the General Assembly.
63	63	HOUSE BILL No. 1212
64	64	A BILL FOR AN ACT to amend the Indiana Code concerning local
65	65	government.
66	66	Be it enacted by the General Assembly of the State of Indiana:
67	67	1 SECTION 1. IC 6-1.1-24-5.7, AS AMENDED BY P.L.26-2023,
68	68	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
69	69	3 JULY 1, 2024]: Sec. 5.7. (a) The county treasurer shall require each
70	70	4 person who will be bidding at the tax sale to sign a statement in a form
71	71	5 substantially similar to the following:
72	72	6 "Indiana law prohibits a person who owes delinquent taxes,
73	73	7 special assessments, penalties, interest, or costs directly
74	74	8 attributable to a prior tax sale of a tract or item of real property
75	75	9 listed under IC 6-1.1-24-1 from bidding on or purchasing tracts or
76	76	10 items of real property at a tax sale. I hereby affirm under the
77	77	11 penalties for perjury that I do not owe delinquent taxes, special
78	78	12 assessments, penalties, interest, costs directly attributable to a
79	79	13 prior tax sale, amounts from a final adjudication in favor of a
80	80	14 political subdivision, any civil penalties imposed for the violation
81	81	15 of a building code or county ordinance, or any civil penalties
82	82	2024 IN 1212—LS 6932/DI 129 2
83	83	1 imposed by a county health department. I also affirm that I am not
84	84	2 purchasing tracts or items of real property on behalf of or as an
85	85	3 agent for a person who is prohibited from purchasing at a tax sale.
86	86	4 Further, I hereby acknowledge that any successful bid I make in
87	87	5 violation of this statement is subject to forfeiture. I further
88	88	6 acknowledge that I will not assign a certificate of sale for any tract
89	89	7 or item of real property purchased to a person who is prohibited
90	90	8 from bidding on or purchasing real property at a tax sale. In the
91	91	9 event of forfeiture, the amount by which my bid exceeds the
92	92	10 minimum bid on the tract or item or real property under
93	93	11 IC 6-1.1-24-5(e), if any, shall be applied to the delinquent taxes,
94	94	12 special assessments, penalties, interest, costs, judgments, or civil
95	95	13 penalties I owe, and a certificate will be issued to the county
96	96	14 executive. I further acknowledge that a person who knowingly or
97	97	15 intentionally provides false information on this affidavit commits
98	98	16 perjury, a Level 6 felony.".
99	99	17 (b) If a person purchases real property that the person was not
100	100	18 eligible to purchase under section 5.1, 5.3, or 5.4 of this chapter, the
101	101	19 sale of the real property is subject to forfeiture. If the county treasurer
102	102	20 determines or is notified not more than forty-five (45) days after the
103	103	21 date of the sale that the sale of the real property should be forfeited, the
104	104	22 county treasurer shall:
105	105	23 (1) not more than five (5) days after the county treasurer is
106	106	24 notified, notify the person in writing by first class mail that the
107	107	25 sale is subject to forfeiture if the person does not pay the amounts
108	108	26 the person owes within fifteen (15) days of the date the written
109	109	27 notice is mailed;
110	110	28 (2) if the person does not meet the conditions described in
111	111	29 subdivision (1) within fifteen (15) days after the written notice is
112	112	30 mailed, apply the surplus amount of the person's bid, if any, to the
113	113	31 delinquent taxes, special assessments, penalties, and interest on
114	114	32 the real property;
115	115	33 (3) remit the amounts owed from a final adjudication or civil
116	116	34 penalties in favor of a political subdivision to the political
117	117	35 subdivision;
118	118	36 (4) notify the county auditor that the sale has been forfeited; and
119	119	37 (5) file with the county recorder a certification identifying the
120	120	38 forfeited sale that includes:
121	121	39 (A) the date of the sale;
122	122	40 (B) the name of the buyer;
123	123	41 (C) the property identification number of the real property;
124	124	42 (D) the real property's legal description; and
125	125	2024 IN 1212—LS 6932/DI 129 3
126	126	1 (E) a statement that the sale has been forfeited and is null and
127	127	2 void because the buyer was not eligible to purchase the real
128	128	3 property.
129	129	4 Upon being notified that a sale has been forfeited, the county auditor
130	130	5 shall issue a certificate to the county executive under section 6 of this
131	131	6 chapter.
132	132	7 (c) A county treasurer may decline to forfeit a sale under this section
133	133	8 because of inadvertence or mistake, lack of actual knowledge by the
134	134	9 bidder, substantial harm to other parties with interests in the real
135	135	10 property, or other substantial reasons. If the treasurer declines to forfeit
136	136	11 a sale, the treasurer shall:
137	137	12 (1) prepare a written statement explaining the reasons for
138	138	13 declining to forfeit the sale;
139	139	14 (2) retain the written statement as an official record; and
140	140	15 (3) file with the county recorder a certification that includes:
141	141	16 (A) the date of the sale;
142	142	17 (B) the name of the buyer;
143	143	18 (C) the property identification number of the real property;
144	144	19 (D) the real property's legal description; and
145	145	20 (E) a statement that the sale has not been forfeited and is valid.
146	146	21 (d) If a sale is forfeited under this section and the tract or item of
147	147	22 real property is redeemed from the sale, the county auditor shall deposit
148	148	23 the amount of the redemption into the county general fund and notify
149	149	24 the county executive of the redemption. Upon being notified of the
150	150	25 redemption, the county executive shall surrender the certificate to the
151	151	26 county auditor.
152	152	27 (e) If a county treasurer does not take action under subsection (b)
153	153	28 within forty-five (45) days of the date the county treasurer determines
154	154	29 or is notified that a sale should be forfeited, the person is deemed to be
155	155	30 an eligible purchaser for that sale of that real property.
156	156	31 (f) If a tax deed is issued for real property under IC 6-1.1-25-4, this
157	157	32 section cannot be invoked to invalidate, rescind, or set aside the tax
158	158	33 deed.
159	159	34 (g) If a county has adopted an ordinance under section 16.5 of
160	160	35 this chapter authorizing the imposition of a neighborhood
161	161	36 investment fee to participate in a tax sale as a bidder, the
162	162	37 neighborhood investment fee is not refundable if a sale of real
163	163	38 property is forfeited under this section.
164	164	39 SECTION 2. IC 6-1.1-24-16.5 IS ADDED TO THE INDIANA
165	165	40 CODE AS A NEW SECTION TO READ AS FOLLOWS
166	166	41 [EFFECTIVE JULY 1, 2024]: Sec. 16.5. (a) This section applies to all
167	167	42 counties in which there is at least one (1) land bank established in
168	168	2024 IN 1212—LS 6932/DI 129 4
169	169	1 the county.
170	170	2 (b) As used in this section, "land bank" has the meaning set
171	171	3 forth in IC 36-7-38-1(3).
172	172	4 (c) A county fiscal body may adopt an ordinance requiring
173	173	5 every person who wishes to participate in a tax sale as a bidder to
174	174	6 pay a neighborhood investment fee of not more than one hundred
175	175	7 fifty dollars ($150).
176	176	8 (d) A county fiscal body that has adopted an ordinance under
177	177	9 subsection (c) that is in effect in the county may rescind the
178	178	10 ordinance adopted under subsection (c).
179	179	11 (e) An ordinance adopted under subsection (c) is effective on
180	180	12 January 1 of the year immediately following the year in which the
181	181	13 ordinance is adopted.
182	182	14 (f) If a county fiscal body adopts an ordinance to require the
183	183	15 payment of a neighborhood investment fee, the payment of the
184	184	16 neighborhood investment fee is in addition to any other fees or
185	185	17 charges a county may impose for registering to bid at a tax sale.
186	186	18 The neighborhood investment fee is not refundable if a sale of real
187	187	19 property is forfeited under section 5.7 of this chapter.
188	188	20 (g) The county treasurer shall distribute the proceeds collected
189	189	21 from the neighborhood investment fee semiannually to a land bank
190	190	22 located in the county. If there is more than one (1) land bank
191	191	23 established within a county, the county treasurer shall
192	192	24 semiannually distribute the proceeds collected from the
193	193	25 neighborhood investment fee to a land bank in an amount
194	194	26 proportional to the population of the territory of each land bank as
195	195	27 it bears to the total population in the county.
196	196	28 SECTION 3. IC 6-1.1-37-10, AS AMENDED BY P.L.95-2021,
197	197	29 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
198	198	30 JULY 1, 2024]: Sec. 10. (a) If property taxes due and payable are not
199	199	31 completely paid on or before the due date, a penalty shall be added to
200	200	32 the unpaid portion in the year of the initial delinquency. The penalty is
201	201	33 equal to an amount determined as follows:
202	202	34 (1) If:
203	203	35 (A) subject to subsection (g), the real property taxes due and
204	204	36 payable are completely paid on or before the date thirty (30)
205	205	37 days after the due date; and
206	206	38 (B) the taxpayer is not liable for:
207	207	39 (i) delinquent property taxes first due and payable in a
208	208	40 previous tax payment for the same parcel; or
209	209	41 (ii) a penalty that is owed from a previous tax payment for
210	210	42 the same parcel;
211	211	2024 IN 1212—LS 6932/DI 129 5
212	212	1 the amount of the penalty is equal to five percent (5%) of the
213	213	2 amount of delinquent taxes. However, for a county in which an
214	214	3 ordinance adopted under section 10.2 of this chapter is in
215	215	4 effect in the county, the amount of the penalty imposed under
216	216	5 this subdivision is equal to five percent (5%) plus the
217	217	6 additional amount set forth in the ordinance adopted under
218	218	7 section 10.2 of this chapter.
219	219	8 (2) If:
220	220	9 (A) subject to subsection (g), personal property taxes due and
221	221	10 payable are not completely paid on or before the date thirty
222	222	11 (30) days after the due date; and
223	223	12 (B) the taxpayer is not liable for:
224	224	13 (i) delinquent property taxes first due and payable in a
225	225	14 previous tax payment for a personal property tax return for
226	226	15 property in the same taxing district; or
227	227	16 (ii) a penalty that is owed from a previous tax payment;
228	228	17 the amount of the penalty is equal to five percent (5%) of the
229	229	18 amount of delinquent taxes.
230	230	19 (3) If subdivision (1) or (2) does not apply, the amount of the
231	231	20 penalty is equal to ten percent (10%) of the amount due and
232	232	21 payable as of the tax date.
233	233	22 A payment received under this subsection shall be applied first to the
234	234	23 delinquent tax amount and then to any associated penalties. For a
235	235	24 county in which an ordinance adopted under section 10.2 of this
236	236	25 chapter is in effect in the county, the additional penalty amount
237	237	26 collected under subdivision (1) shall be distributed as provided in
238	238	27 section 10.2(f) of this chapter.
239	239	28 (b) With respect to property taxes due in two (2) equal installments
240	240	29 under IC 6-1.1-22-9(a), on the day immediately following the due dates
241	241	30 of the first and second installments in each year following the year of
242	242	31 the initial delinquency, an additional penalty equal to ten percent (10%)
243	243	32 of any taxes remaining unpaid shall be added. With respect to property
244	244	33 taxes due in installments under IC 6-1.1-22-9.5, an additional penalty
245	245	34 equal to ten percent (10%) of any taxes remaining unpaid shall be
246	246	35 added on the day immediately following each date that succeeds the
247	247	36 last installment due date by:
248	248	37 (1) six (6) months; or
249	249	38 (2) a multiple of six (6) months.
250	250	39 (c) The penalties under subsection (b) are imposed only on the
251	251	40 principal amount of the delinquent taxes.
252	252	41 (d) If the department of local government finance determines that
253	253	42 an emergency has occurred which precludes the mailing of the tax
254	254	2024 IN 1212—LS 6932/DI 129 6
255	255	1 statement in any county at the time set forth in IC 6-1.1-22-8.1, the
256	256	2 department shall establish by order a new date on which the installment
257	257	3 of taxes in that county is due and no installment is delinquent if paid by
258	258	4 the date so established.
259	259	5 (e) If any due date falls on a Saturday, a Sunday, a national legal
260	260	6 holiday recognized by the federal government, or a statewide holiday,
261	261	7 the act that must be performed by that date is timely if performed by
262	262	8 the next succeeding day that is not a Saturday, a Sunday, or one (1) of
263	263	9 those holidays.
264	264	10 (f) Subject to subsections (h) and (i), a payment to the county
265	265	11 treasurer is considered to have been paid by the due date if the payment
266	266	12 is:
267	267	13 (1) received on or before the due date by the county treasurer or
268	268	14 a collecting agent appointed by the county treasurer;
269	269	15 (2) deposited in United States first class mail:
270	270	16 (A) properly addressed to the principal office of the county
271	271	17 treasurer;
272	272	18 (B) with sufficient postage; and
273	273	19 (C) postmarked by the United States Postal Service as mailed
274	274	20 on or before the due date;
275	275	21 (3) deposited with a nationally recognized express parcel carrier
276	276	22 and is:
277	277	23 (A) properly addressed to the principal office of the county
278	278	24 treasurer; and
279	279	25 (B) verified by the express parcel carrier as:
280	280	26 (i) paid in full for final delivery; and
281	281	27 (ii) received by the express parcel carrier on or before the
282	282	28 due date;
283	283	29 (4) deposited to be mailed through United States registered mail,
284	284	30 United States certified mail, or United States certificate of
285	285	31 mailing:
286	286	32 (A) properly addressed to the principal office of the county
287	287	33 treasurer;
288	288	34 (B) with sufficient postage; and
289	289	35 (C) with a date of registration, certification, or certificate, as
290	290	36 evidenced by any record authenticated by the United States
291	291	37 Postal Service, on or before the due date;
292	292	38 (5) deposited in United States first class mail:
293	293	39 (A) properly addressed to the principal office of the county
294	294	40 treasurer;
295	295	41 (B) with sufficient metered postage from a meter postage
296	296	42 provider approved by the United States Postal Service; and
297	297	2024 IN 1212—LS 6932/DI 129 7
298	298	1 (C) with a postage meter stamp affixed to the envelope that
299	299	2 must bear the actual date the postage meter stamp was affixed
300	300	3 to the envelope, which must be on or before the due date;
301	301	4 and the payment is received by the county treasurer not later than
302	302	5 five (5) business days after the due date; or
303	303	6 (6) made by an electronic funds transfer and the taxpayer's bank
304	304	7 account is charged on or before the due date.
305	305	8 (g) As used in this subsection, "initial penalty period" means the
306	306	9 period after the due date and not later than thirty (30) days after the due
307	307	10 date. A person who makes a payment within the initial penalty period
308	308	11 is subject to a penalty equal to five percent (5%) of the amount of the
309	309	12 delinquent taxes as provided in subsection (a)(1) or (a)(2). However,
310	310	13 for a county in which an ordinance adopted under section 10.2 of
311	311	14 this chapter is in effect in the county, the amount of the penalty
312	312	15 imposed under subsection (a)(1) is equal to five percent (5%) plus
313	313	16 the additional amount set forth in the ordinance adopted under
314	314	17 section 10.2 of this chapter. A payment to the county treasurer is
315	315	18 considered to have been paid within the initial penalty period and
316	316	19 subject to the five percent (5%) penalty or, in the case of subsection
317	317	20 (a)(1), five percent (5%) plus the additional amount set forth in the
318	318	21 ordinance adopted under section 10.2 of this chapter if the payment
319	319	22 is:
320	320	23 (1) received within the penalty period by the county treasurer or
321	321	24 a collecting agent appointed by the county treasurer;
322	322	25 (2) deposited in United States first class mail:
323	323	26 (A) properly addressed to the principal office of the county
324	324	27 treasurer;
325	325	28 (B) with sufficient postage; and
326	326	29 (C) postmarked by the United States Postal Service as mailed
327	327	30 on or before the thirtieth day after the due date;
328	328	31 (3) deposited with a nationally recognized express parcel carrier
329	329	32 and is:
330	330	33 (A) properly addressed to the principal office of the county
331	331	34 treasurer; and
332	332	35 (B) verified by the express parcel carrier as:
333	333	36 (i) paid in full for final delivery; and
334	334	37 (ii) received by the express parcel carrier on or before the
335	335	38 thirtieth day after the due date;
336	336	39 (4) deposited to be mailed through United States registered mail,
337	337	40 United States certified mail, or United States certificate of
338	338	41 mailing:
339	339	42 (A) properly addressed to the principal office of the county
340	340	2024 IN 1212—LS 6932/DI 129 8
341	341	1 treasurer;
342	342	2 (B) with sufficient postage; and
343	343	3 (C) with a date of registration, certification, or certificate, as
344	344	4 evidenced by any record authenticated by the United States
345	345	5 Postal Service, on or before the thirtieth day after the due date;
346	346	6 or
347	347	7 (5) deposited in United States first class mail:
348	348	8 (A) properly addressed to the principal office of the county
349	349	9 treasurer;
350	350	10 (B) with sufficient metered postage from a meter postage
351	351	11 provider approved by the United States Postal Service; and
352	352	12 (C) with a postage meter stamp affixed to the envelope that
353	353	13 must bear the actual date the postage meter stamp was affixed
354	354	to the envelope, which must be on or before 14 the thirtieth day
355	355	15 after the due date;
356	356	16 and the payment is received by the county treasurer not later than
357	357	five (5) business days 17 after the thirtieth day after the due date.
358	358	18 (h) As used in this subsection, "initial penalty period" has the
359	359	19 meaning set forth in subsection (g). If a payment is mailed through the
360	360	20 United States mail and is physically received after the due date or after
361	361	21 the initial penalty period without a legible correct postmark, the person
362	362	22 who mailed the payment is considered to have made the payment:
363	363	23 (1) on or before the due date if the person can show by reasonable
364	364	24 evidence that the payment was deposited in the United States mail
365	365	25 on or before the due date; or
366	366	26 (2) within the initial penalty period, if the person can show by
367	367	27 reasonable evidence that the payment was deposited in the United
368	368	28 States mail on or before the thirtieth day after the due date.
369	369	29 (i) As used in this subsection, "initial penalty period" has the
370	370	30 meaning set forth in subsection (g). This section applies if a payment
371	371	31 is sent via the United States mail or a nationally recognized express
372	372	32 parcel carrier but is not received by the designated recipient, the person
373	373	33 who sent the payment is considered to have made the payment:
374	374	34 (1) on or before the due date if the person:
375	375	35 (A) can show by reasonable evidence that the payment was
376	376	36 deposited in the United States mail, or with the express parcel
377	377	37 carrier, on or before the due date; and
378	378	38 (B) makes a duplicate payment within thirty (30) days after the
379	379	39 date the person is notified that the payment was not received;
380	380	40 or
381	381	41 (2) within the initial penalty period, if the person:
382	382	42 (A) can show by reasonable evidence that the payment was
383	383	2024 IN 1212—LS 6932/DI 129 9
384	384	1 deposited in the United States mail, or with the express parcel
385	385	2 carrier, on or before the thirtieth day after the due date; and
386	386	3 (B) makes a duplicate payment within thirty (30) days after the
387	387	4 date the person is notified that the payment was not received.
388	388	5 SECTION 4. IC 6-1.1-37-10.2 IS ADDED TO THE INDIANA
389	389	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
390	390	7 [EFFECTIVE JULY 1, 2024]: Sec. 10.2. (a) This section applies to all
391	391	8 counties in which there is at least one (1) land bank established in
392	392	9 the county.
393	393	10 (b) As used in this section, "land bank" has the meaning set
394	394	11 forth in IC 36-7-38-1(3).
395	395	12 (c) A county fiscal body may adopt an ordinance to impose, in
396	396	13 addition to the five percent (5%) penalty set forth in section
397	397	14 10(a)(1) of this chapter for delinquent real property taxes, an
398	398	15 additional penalty of not more than three percent (3%) for a total
399	399	16 penalty that may not exceed eight percent (8%) of the amount of
400	400	17 delinquent taxes.
401	401	18 (d) A county fiscal body that has adopted an ordinance under
402	402	19 subsection (c) that is in effect in the county may rescind the
403	403	20 ordinance adopted under subsection (c).
404	404	21 (e) An ordinance adopted under subsection (c) is effective on
405	405	22 January 1 of the year immediately following the year in which the
406	406	23 ordinance is adopted.
407	407	24 (f) Notwithstanding section 12 of this chapter, IC 6-1.1-22-9(f),
408	408	25 or any other law, if an ordinance adopted under subsection (c) is in
409	409	26 effect in a county, the county treasurer shall do the following:
410	410	27 (1) For a county in which there is only one (1) land bank,
411	411	28 quarterly distribute the additional penalty authorized under
412	412	29 this section to the land bank.
413	413	30 (2) For a county in which there is more than one (1) land
414	414	31 bank, quarterly distribute the additional penalty authorized
415	415	32 under this section to each land bank in an amount
416	416	33 proportional to the population of the territory of each land
417	417	34 bank as it bears to the total population in the county.
418	418	35 SECTION 5. IC 29-1-7-23, AS AMENDED BY P.L.26-2022,
419	419	36 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
420	420	37 JULY 1, 2024]: Sec. 23. (a) When a person dies, the person's real and
421	421	38 personal property passes to persons to whom it is devised by the
422	422	39 person's last will or, in the absence of such disposition, to the persons
423	423	40 who succeed to the person's estate as the person's heirs; but it shall be
424	424	41 subject to the possession of the personal representative and to the
425	425	42 election of the surviving spouse and shall be chargeable with the
426	426	2024 IN 1212—LS 6932/DI 129 10
427	427	1 expenses of administering the estate, the payment of other claims and
428	428	2 the allowances under IC 29-1-4-1, except as otherwise provided in
429	429	3 IC 29-1.
430	430	4 (b) A person may sign and record an affidavit to establish prima
431	431	5 facie evidence of the passage of real estate title to distributees under
432	432	6 this section. An affidavit under this section may contain the following
433	433	7 information:
434	434	8 (1) The decedent's name and date of death.
435	435	9 (2) A statement of the affiant's relationship to the decedent.
436	436	10 (3) A description of how the following deeds or other instruments
437	437	11 vested in the decedent an ownership or leasehold interest in real
438	438	12 property, with a cross-reference if applicable, under
439	439	13 IC 36-2-7-10(l) IC 36-2-7-10(m) to each deed or other
440	440	14 instrument:
441	441	15 (A) Deeds or other instruments recorded in the office of the
442	442	16 recorder where the real property is located.
443	443	17 (B) Deeds or other instruments that disclose a title transaction
444	444	18 (as defined in IC 32-20-2-7).
445	445	19 (4) The legal description of the conveyed real property as it
446	446	20 appears in instruments described in subdivision (3).
447	447	21 (5) The names of all distributees known to the affiant.
448	448	22 (6) An explanation of how each interest in the real property
449	449	23 passed upon the decedent's death to each distributee by:
450	450	24 (A) intestate succession under IC 29-1-2-1; or
451	451	25 (B) the decedent's last will and testament that has been
452	452	26 admitted to probate under section 13 of this chapter, with
453	453	27 references to:
454	454	28 (i) the name and location of the court that issued the order
455	455	29 admitting the will to probate; and
456	456	30 (ii) the date when the court admitted the decedent's will to
457	457	31 probate.
458	458	32 (7) An explanation of how any fractional interests in the real
459	459	33 property that may have passed to multiple distributees were
460	460	34 calculated and apportioned.
461	461	35 (c) Upon presentation of an affidavit described in subsection (b), the
462	462	36 auditor of the county where the real property described in the affidavit
463	463	37 is located must endorse the affidavit as an instrument that is exempt
464	464	38 from the requirements to file a sales disclosure form and must enter the
465	465	39 names of the distributees shown on the affidavit on the tax duplicate on
466	466	40 which the real property is transferred, assessed, and taxed under
467	467	41 IC 6-1.1-5-7. After December 31, 2023, an auditor may not refuse to
468	468	42 endorse an affidavit because the affidavit is an electronic document.
469	469	2024 IN 1212—LS 6932/DI 129 11
470	470	1 (d) Upon presentation of an affidavit described in subsection (b), the
471	471	2 recorder of the county where the real property described in the affidavit
472	472	3 is located must:
473	473	4 (1) record the affidavit; and
474	474	5 (2) index the affidavit as the most recent instrument responsible
475	475	6 for the transfer of the real property described in subsection (b)(4).
476	476	7 (e) Any person may rely upon an affidavit recorded with the county
477	477	8 recorder:
478	478	9 (1) made in good faith; and
479	479	10 (2) under this section;
480	480	11 as prima facie evidence of an effective transfer of the decedent's title
481	481	12 to the real property interest under subsection (a) to the distributee
482	482	13 described in the affidavit.
483	483	14 (f) If:
484	484	15 (1) at least seven (7) months have elapsed since the decedent's
485	485	16 death;
486	486	17 (2) the clerk of the court described in subsection (b)(6)(B) has not
487	487	18 issued letters testamentary or letters of administration to the court
488	488	19 appointed personal representative for the decedent within the time
489	489	20 limits specified under section 15.1(d) of this chapter; and
490	490	21 (3) the court described in subsection (b)(6)(B) has not issued
491	491	22 findings and an accompanying order preventing the limitations in
492	492	23 section 15.1(b) of this chapter from applying to the decedent's real
493	493	24 property;
494	494	25 any person may rely upon the affidavit described in subsection (e) as
495	495	26 evidence that the real property may not be sold by an executor or
496	496	27 administrator of the decedent's estate to pay a debt or obligation of the
497	497	28 decedent, which is not a lien of record in the county in which the real
498	498	29 property is located, or to pay any costs of administration of the
499	499	30 decedent's estate.
500	500	31 SECTION 6. IC 36-2-7-10, AS AMENDED BY P.L.96-2023,
501	501	32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
502	502	33 JULY 1, 2024]: Sec. 10. (a) The following definitions apply to this
503	503	34 section:
504	504	35 (1) "Copy" means:
505	505	36 (A) transcribing or duplicating a document by handwriting,
506	506	37 photocopy, xerography, or duplicating machine;
507	507	38 (B) duplicating electronically stored data onto a disk, tape,
508	508	39 drum, or any other means of electronic data storage; or
509	509	40 (C) reproducing a document by any other means.
510	510	41 (2) "Mortgage" means a transfer of rights to real property, in a
511	511	42 form substantially similar to that set forth in IC 32-29-1-5, with or
512	512	2024 IN 1212—LS 6932/DI 129 12
513	513	1 without warranty from the grantor. The term does not include:
514	514	2 (A) a mortgage modification;
515	515	3 (B) a mortgage assignment; or
516	516	4 (C) a mortgage release.
517	517	5 (3) "Multiple transaction document" means a document
518	518	6 containing two (2) or more transactions of the same type.
519	519	7 (4) "Record" or "recording" means the act of placing a document
520	520	8 into the official records of the county recorder and includes the
521	521	9 functions of filing and filing for record.
522	522	10 (b) The county recorder shall charge and collect the fees prescribed
523	523	11 by this section for recording, filing, copying, and other services the
524	524	12 recorder renders, and shall pay them into the county treasury at the end
525	525	13 of each calendar month. The fees prescribed and collected under this
526	526	14 section supersede all other recording fees required by law to be charged
527	527	15 for services rendered by the county recorder.
528	528	16 (c) The county recorder shall charge the following:
529	529	17 (1) Twenty-five dollars ($25) for recording any deed or other
530	530	18 instrument, other than a mortgage.
531	531	19 (2) Fifty-five dollars ($55) for recording any mortgage.
532	532	20 (3) For pages larger than eight and one-half (8 1/2) inches by
533	533	21 fourteen (14) inches twenty-five dollars ($25) for the first page
534	534	22 and five dollars ($5) for each additional page of any document the
535	535	23 recorder records, if the pages are larger than eight and one-half (8
536	536	24 1/2) inches by fourteen (14) inches.
537	537	25 (4) If the county recorder has elected to attest to the release,
538	538	26 partial release, or assignment of any mortgage, judgment, lien, or
539	539	27 oil and gas lease contained on a multiple transaction document,
540	540	28 the fee for each transaction after the first is seven dollars ($7) plus
541	541	29 the amount provided in subdivision (1).
542	542	30 (5) For furnishing copies of records, the fee for each copy is:
543	543	31 (A) one dollar ($1) per page that is not larger than eleven (11)
544	544	32 inches by seventeen (17) inches; and
545	545	33 (B) five dollars ($5) per page that is larger than eleven (11)
546	546	34 inches by seventeen (17) inches.
547	547	35 (6) Five dollars ($5) for acknowledging or certifying to a
548	548	36 document.
549	549	37 (7) A fee in an amount authorized by an ordinance adopted by the
550	550	38 county legislative body for duplicating a computer tape, a
551	551	39 computer disk, an optical disk, microfilm, or similar media. This
552	552	40 fee may not cover making a handwritten copy or a photocopy or
553	553	41 using xerography or a duplicating machine.
554	554	42 (8) Twenty-five dollars ($25) per parcel for recording the release
555	555	2024 IN 1212—LS 6932/DI 129 13
556	556	1 of a lien or liens of a political subdivision for a property sold or
557	557	2 transferred under IC 6-1.1-24-6.1 or IC 36-1-11, regardless of the
558	558	3 number of liens held by the political subdivision. This fee applies
559	559	4 to each political subdivision with a lien or liens on a parcel. In
560	560	5 addition to the fee under this subdivision, if a county fiscal body
561	561	6 adopts a fee under section 10.7 of this chapter, the county
562	562	7 recorder may charge the fee under section 10.7 of this chapter for
563	563	8 each document recorded by a political subdivision under this
564	564	9 subdivision.
565	565	10 (9) This subdivision applies in a county only if at least one (1)
566	566	11 unit in the county has established an affordable housing fund
567	567	12 under IC 5-20-5-15.5 and the county fiscal body adopts an
568	568	13 ordinance authorizing the fee described in this subdivision. An
569	569	14 ordinance adopted under this subdivision may authorize the
570	570	15 county recorder to charge a fee of ten dollars ($10) for each
571	571	16 document the recorder records.
572	572	17 (10) This subdivision applies in a county containing a
573	573	18 consolidated city that has established a housing trust fund under
574	574	19 IC 36-7-15.1-35.5(e). This subdivision does not apply if the
575	575	20 county fiscal body adopts a fee under section 10.7 of this chapter.
576	576	21 The county fiscal body may adopt an ordinance authorizing the
577	577	22 fee described in this subdivision. An ordinance adopted under this
578	578	23 subdivision may authorize the county recorder to charge a fee of:
579	579	24 (A) two dollars and fifty cents ($2.50) for the first page; and
580	580	25 (B) one dollar ($1) for each additional page;
581	581	26 of each document the recorder records.
582	582	27 (11) This subdivision applies in a county where an eligible unit
583	583	28 (as defined in IC 36-7-38-1(2)) has established a land bank
584	584	29 under IC 36-7-38-2. The county fiscal body may adopt an
585	585	30 ordinance authorizing the fee described in this subdivision. An
586	586	31 ordinance adopted under this subdivision may authorize the
587	587	32 county recorder to charge a fee of fifteen dollars ($15) for
588	588	33 each document recorded on a tract located in the territory of
589	589	34 a land bank.
590	590	35 (d) This subsection does not apply in a county containing a
591	591	36 consolidated city. Section 10.5 of this chapter applies to the deposit of
592	592	37 fees collected under subsection (c)(1) and (c)(8) in a county containing
593	593	38 a consolidated city. The county recorder shall deposit the fees collected
594	594	39 under subsection (c)(1) and (c)(8) as follows:
595	595	40 (1) Eight dollars ($8) in the county general fund.
596	596	41 (2) Five dollars ($5) in the county surveyor's corner perpetuation
597	597	42 fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
598	598	2024 IN 1212—LS 6932/DI 129 14
599	599	1 (3) Ten dollars ($10) in the county recorder's records perpetuation
600	600	2 fund established under subsection (f).
601	601	3 (4) One dollar ($1) in the county identification security protection
602	602	4 fund established under IC 36-2-7.5-11.
603	603	5 (5) One dollar ($1) in the county elected officials training fund
604	604	6 under IC 36-2-7-19.
605	605	7 (e) This subsection does not apply in a county containing a
606	606	8 consolidated city. Section 10.5 of this chapter applies to the deposit of
607	607	9 fees collected under subsection (c)(2) in a county containing a
608	608	10 consolidated city. The county recorder shall deposit the fees collected
609	609	11 under subsection (c)(2) as follows:
610	610	12 (1) Thirty-four dollars ($34) in the county general fund.
611	611	13 (2) Five dollars ($5) in the county surveyor's corner perpetuation
612	612	14 fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
613	613	15 (3) Eleven dollars and fifty cents ($11.50) in the county recorder's
614	614	16 records perpetuation fund established under subsection (f).
615	615	17 (4) Two dollars and fifty cents ($2.50) with the county treasurer
616	616	18 to be distributed in accordance with IC 24-9-9-3 and IC 24-9-9-4.
617	617	19 (5) One dollar ($1) in the county identification security protection
618	618	20 fund established under IC 36-2-7.5-11.
619	619	21 (6) One dollar ($1) in the county elected officials training fund
620	620	22 under IC 36-2-7-19.
621	621	23 (f) The county treasurer shall establish a county recorder's records
622	622	24 perpetuation fund. The fund consists of all fees collected under this
623	623	25 section for deposit in the fund and amounts transferred to the fund from
624	624	26 the county identification security protection fund under IC 36-2-7.5-11,
625	625	27 and the county elected officials training fund under section 19(e)(4) of
626	626	28 this chapter (before its expiration). Except as provided in section 10.2
627	627	29 of this chapter, the county recorder may use any money in this fund
628	628	30 without appropriation for:
629	629	31 (1) the preservation of records; and
630	630	32 (2) the improvement of record keeping systems and equipment;
631	631	33 within the control of the county recorder. Money from the fund may not
632	632	34 be deposited or transferred into the county general fund and does not
633	633	35 revert to the county general fund at the end of a fiscal year.
634	634	36 (g) The county recorder shall post the fees set forth in subsection (c)
635	635	37 in a prominent place within the county recorder's office where the fee
636	636	38 schedule will be readily accessible to the public.
637	637	39 (h) The county recorder may not charge or collect any fee for:
638	638	40 (1) recording an official bond of a public officer, a deputy, an
639	639	41 appointee, or an employee; or
640	640	42 (2) performing any service under any of the following:
641	641	2024 IN 1212—LS 6932/DI 129 15
642	642	1 (A) IC 6-1.1-22-2(c).
643	643	2 (B) IC 8-23-7.
644	644	3 (C) IC 8-23-23.
645	645	4 (D) IC 10-17-2-3.
646	646	5 (E) IC 10-17-3-2.
647	647	6 (F) IC 12-14-13.
648	648	7 (G) IC 12-14-16.
649	649	8 (i) The state and its agencies and instrumentalities are required to
650	650	9 pay the recording fees and charges that this section prescribes.
651	651	10 (j) This subsection applies to a county other than a county
652	652	11 containing a consolidated city. The county treasurer shall distribute
653	653	12 money collected by the county recorder under subsection (c)(9) as
654	654	13 follows:
655	655	14 (1) Sixty percent (60%) of the money collected by the county
656	656	15 recorder under subsection (c)(9) shall be distributed to the units
657	657	16 in the county that have established an affordable housing fund
658	658	17 under IC 5-20-5-15.5 for deposit in the fund. The amount to be
659	659	18 distributed to a unit is the amount available for distribution
660	660	19 multiplied by a fraction. The numerator of the fraction is the
661	661	20 population of the unit. The denominator of the fraction is the
662	662	21 population of all units in the county that have established an
663	663	22 affordable housing fund. The population to be used for a county
664	664	23 that establishes an affordable housing fund is the population of
665	665	24 the county outside any city or town that has established an
666	666	25 affordable housing fund.
667	667	26 (2) Forty percent (40%) of the money collected by the county
668	668	27 recorder under subsection (c)(9) shall be distributed to the
669	669	28 treasurer of state for deposit in the affordable housing and
670	670	29 community development fund established under IC 5-20-4-7 for
671	671	30 the purposes of the fund.
672	672	31 Money shall be distributed under this subsection before the sixteenth
673	673	32 day of the month following the month in which the money is collected
674	674	33 from the county recorder.
675	675	34 (k) This subsection applies to a county described in subsection
676	676	35 (c)(10). The county treasurer shall distribute money collected by the
677	677	36 county recorder under subsection (c)(10) as follows:
678	678	37 (1) Sixty percent (60%) of the money collected by the county
679	679	38 recorder under subsection (c)(10) shall be deposited in the
680	680	39 housing trust fund established under IC 36-7-15.1-35.5(e) for the
681	681	40 purposes of the fund.
682	682	41 (2) Forty percent (40%) of the money collected by the county
683	683	42 recorder under subsection (c)(10) shall be distributed to the
684	684	2024 IN 1212—LS 6932/DI 129 16
685	685	1 treasurer of state for deposit in the affordable housing and
686	686	2 community development fund established under IC 5-20-4-7 for
687	687	3 the purposes of the fund.
688	688	4 Money shall be distributed under this subsection before the sixteenth
689	689	5 day of the month following the month in which the money is collected
690	690	6 from the county recorder.
691	691	7 (l) This subsection applies to a county described in subsection
692	692	8 (c)(11). The county treasurer shall distribute money collected by
693	693	9 the county recorder under subsection (c)(11) to a land bank located
694	694	10 in the county before the sixteenth day of the month following the
695	695	11 month in which the money is collected from the county recorder.
696	696	12 If there is more than one (1) land bank established within a county,
697	697	13 the county treasurer shall distribute the proceeds collected from
698	698	14 the county recorder to a land bank in an amount proportional to
699	699	15 the population of the territory of each land bank as it bears to the
700	700	16 total population in the county.
701	701	17 (l) (m) The county recorder may also include a cross-reference or
702	702	18 multiple cross-references identified in a document for recording under
703	703	19 this section. For cross-references not otherwise required by statute or
704	704	20 county ordinance, the person submitting the document for recording
705	705	21 shall clearly identify on the front page of the instrument the specific
706	706	22 cross-reference or cross-references to be included with the recorded
707	707	23 documents.
708	708	24 SECTION 7. IC 36-7-38-1, AS AMENDED BY P.L.26-2020,
709	709	25 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
710	710	26 JULY 1, 2024]: Sec. 1. The following definitions apply throughout this
711	711	27 chapter:
712	712	28 (1) "Distressed real property" includes real property in a neglected
713	713	29 or unmarketable condition.
714	714	30 (2) "Eligible unit" means:
715	715	31 (A) a county;
716	716	32 (B) a consolidated city;
717	717	33 (C) a second class city; or
718	718	34 (D) a third class city;
719	719	35 to which IC 36-7-9 applies.
720	720	36 (3) "Land bank" means an entity established under section 2 of
721	721	37 this chapter.
722	722	38 (4) "Person" means an individual, a corporation, a limited liability
723	723	39 company, a partnership, or other legal entity.
724	724	40 (5) "Vacant real property" has the meaning set forth in
725	725	41 IC 36-7-36-5.
726	726	42 SECTION 8. IC 36-7-38-2, AS AMENDED BY P.L.26-2020,
727	727	2024 IN 1212—LS 6932/DI 129 17
728	728	1 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
729	729	2 JULY 1, 2024]: Sec. 2. (a) The legislative body of an eligible unit may
730	730	3 adopt an ordinance:
731	731	4 (1) establishing a body corporate and politic; or
732	732	5 (2) directing the executive of the eligible unit to organize a
733	733	6 nonprofit corporation under IC 23-17;
734	734	7 as an independent instrumentality exercising essential governmental
735	735	8 functions.
736	736	9 (b) The legislative bodies of two (2) or more eligible units within a
737	737	10 single county or within two (2) or more contiguous counties may enter
738	738	11 into an interlocal agreement under IC 36-1-7:
739	739	12 (1) establishing a body corporate and politic; or
740	740	13 (2) directing the executive of one (1) of the eligible units entering
741	741	14 into the interlocal agreement to organize a nonprofit corporation
742	742	15 under IC 23-17;
743	743	16 as an independent instrumentality exercising essential governmental
744	744	17 functions.
745	745	18 (c) The primary purpose of a land bank established under subsection
746	746	19 (a) or (b) is to manage and improve the marketability of vacant real
747	747	20 property and distressed real property located in the territory of the
748	748	21 land bank.
749	749	22 (d) An ordinance or interlocal agreement establishing a land bank
750	750	23 must specify the following information:
751	751	24 (1) The name of the land bank.
752	752	25 (2) The number of board members and requirements for
753	753	26 appointment to the board, subject to section 4 of this chapter.
754	754	27 (e) The territory of a land bank established under subsection (a) is:
755	755	28 (1) in the case of an eligible unit that is a municipality, the
756	756	29 territory of the municipality; or
757	757	30 (2) in the case of an eligible unit that is a county, all the territory
758	758	31 of the county, except for the territory of any municipality in the
759	759	32 county that has established another land bank.
760	760	33 (f) The territory of a land bank established under subsection (b) is
761	761	34 the territory of all the eligible units that have established the land bank,
762	762	35 except for the territory of any municipality that has established another
763	763	36 land bank under subsection (a) or (b).
764	764	37 SECTION 9. IC 36-7-38-4, AS ADDED BY P.L.211-2016,
765	765	38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
766	766	39 JULY 1, 2024]: Sec. 4. (a) A land bank is governed by a board of at
767	767	40 least seven (7) and at most nine (9) directors.
768	768	41 (b) A director At least a majority of the directors of a land bank
769	769	42 appointed under this section chapter must have demonstrated
770	770	2024 IN 1212—LS 6932/DI 129 18
771	771	1 competency in an occupation or discipline that is relevant to the
772	772	2 primary purpose of a land bank.
773	773	3 (c) Except as provided in this chapter, the term of a director of a
774	774	4 land bank is for three (3) consecutive calendar years.
775	775	5 (d) If a director of a land bank is unable to complete the director's
776	776	6 term, the authority that appointed the director shall appoint a successor
777	777	7 to serve for the remainder of the incomplete term.
778	778	8 SECTION 10. IC 36-7-38-4.5, AS ADDED BY P.L.26-2020,
779	779	9 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
780	780	10 JULY 1, 2024]: Sec. 4.5. (a) This section applies to the board of a land
781	781	11 bank established under section 2(b) of this chapter.
782	782	12 (b) The interlocal agreement providing for the establishment of the
783	783	13 land bank must specify:
784	784	14 (1) subject to section 4(a) of this chapter, the number of directors
785	785	15 of the board of the land bank;
786	786	16 (2) any directors that are to serve as ex officio directors of the
787	787	17 board; and
788	788	18 (3) for each director of the board that is to be appointed, the
789	789	19 appointing authority.
790	790	20 (c) The interlocal agreement must also specify that the
791	791	21 requirement established by section 4(b) of this chapter applies to
792	792	22 the appointment of a director to the board of a land bank created
793	793	23 under this section.
794	794	24 SECTION 11. IC 36-7-38-7.7 IS ADDED TO THE INDIANA
795	795	25 CODE AS A NEW SECTION TO READ AS FOLLOWS
796	796	26 [EFFECTIVE JULY 1, 2024]: Sec. 7.7. (a) A land bank may establish
797	797	27 one (1) or more advisory committees to consult with and advise the
798	798	28 land bank on:
799	799	29 (1) properties within the territory of the land bank that are
800	800	30 imposing the greatest harm on residents and neighborhoods;
801	801	31 (2) resident and neighborhood priorities for new uses of land
802	802	32 bank properties; and
803	803	33 (3) options for potential transferees of land bank properties.
804	804	34 (b) As appropriate to the location of the real property of the
805	805	35 land bank and if a land bank elects to establish an advisory
806	806	36 committee under this section, the membership of the advisory
807	807	37 community shall include but is not limited to individuals from
808	808	38 formal and informal neighborhood specific community
809	809	39 associations, residents' associations, faith communities, community
810	810	40 development corporations, and anchor institutions.
811	811	41 SECTION 12. IC 36-7-38-8, AS ADDED BY P.L.211-2016,
812	812	42 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
813	813	2024 IN 1212—LS 6932/DI 129 19
814	814	1 JULY 1, 2024]: Sec. 8. Except as otherwise provided in this chapter,
815	815	2 a land bank is granted all powers necessary, convenient, or appropriate
816	816	3 to carry out and effectuate the land bank's public and corporate
817	817	4 purposes, which include the power to do the following:
818	818	5 (1) Sue or be sued in the land bank's own name.
819	819	6 (2) Enter into contracts.
820	820	7 (3) Establish accounts with financial institutions.
821	821	8 (4) Acquire by:
822	822	9 (A) purchase;
823	823	10 (B) exchange;
824	824	11 (C) gift;
825	825	12 (D) donation;
826	826	13 (E) grant;
827	827	14 (F) lease; or
828	828	15 (G) any combination of the methods listed in clauses (A)
829	829	16 through (F);
830	830	17 any real or personal property or interest in property needed
831	831	18 to carry out the mission of the land bank.
832	832	19 (4) (5) Acquire, lease, improve, repair, renovate, and dispose of
833	833	20 property.
834	834	21 (5) (6) Borrow money, including the ability to issue bonds.
835	835	22 (6) (7) Pledge collateral.
836	836	23 (7) (8) Make investments.
837	837	24 (8) (9) Hire employees and other appropriate staff, including an
838	838	25 executive director. In accordance with section 18 of this
839	839	26 chapter, a land bank may determine the qualifications and fix
840	840	27 the compensation and benefits provided for employees, other
841	841	28 staff, and the executive director.
842	842	29 (9) (10) Procure insurance.
843	843	30 SECTION 13. IC 36-7-38-9, AS ADDED BY P.L.211-2016,
844	844	31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
845	845	32 JULY 1, 2024]: Sec. 9. (a) A land bank shall endeavor to acquire a
846	846	33 diverse portfolio of properties to enable the land bank to dispose of
847	847	34 diverse properties in diverse real estate markets in the county or
848	848	35 municipal territory that the land bank serves and, thereby, generate
849	849	36 revenue for the land bank in a sustainable manner. put the properties
850	850	37 back to productive use, improve property conditions, contribute to
851	851	38 local and regional neighborhood stabilization efforts, expand
852	852	39 opportunities for development, and have a positive impact on the
853	853	40 local tax base. A land bank shall acquire property for the purpose of
854	854	41 supporting the mission of the land bank.
855	855	42 (b) A land bank's priorities concerning the disposition of properties
856	856	2024 IN 1212—LS 6932/DI 129 20
857	857	1 from the land bank must support the mission of the land bank, which
858	858	2 includes the sale or transfer of properties:
859	859	3 (1) for redevelopment that will act as a catalyst for further
860	860	4 development;
861	861	5 (2) that support a comprehensive development plan or strategic
862	862	6 plan for neighborhood revitalization;
863	863	7 (3) that reduce blight the number of blighted properties in the
864	864	8 community;
865	865	9 (4) that revitalize or stabilize neighborhoods;
866	866	10 (5) that will be returned to productive, tax paying status;
867	867	11 (6) that will be returned to productive uses, including
868	868	12 development of side lots, green spaces, and gardens;
869	869	13 (7) that are available for immediate ownership or occupancy
870	870	14 without a need for substantial rehabilitation;
871	871	15 (8) that will be used for affordable housing; or
872	872	16 (9) that will generate operating support for the functions of a land
873	873	17 bank.
874	874	18 SECTION 14. IC 36-7-38-10, AS ADDED BY P.L.211-2016,
875	875	19 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
876	876	20 JULY 1, 2024]: Sec. 10. (a) A land bank shall do the following:
877	877	21 (1) Maintain an inventory of real property held by the land bank.
878	878	22 (2) Develop policies, guidelines, and procedures for the
879	879	23 acquisition, redevelopment, and disposition of property by and
880	880	24 from the land bank. The policies, guidelines, and procedures
881	881	25 developed under this subdivision must be formulated in plain
882	882	26 language with the objective of being clearly understood.
883	883	27 (3) Make the information described in subdivisions (1) and (2)
884	884	28 available for inspection:
885	885	29 (A) at the offices of the land bank during regular business
886	886	30 hours; and
887	887	31 (B) on the land bank's Internet web site. website.
888	888	32 (4) Coordinate the land bank's activities with any land use plans
889	889	33 that affect real property held by the land bank.
890	890	34 (b) If real property held by a county land bank is located in the
891	891	35 territory of a municipality of the county, the county land bank shall
892	892	36 offer to convey the real property to the municipality before the county
893	893	37 land bank offers, or accepts an offer, to convey the real property to any
894	894	38 other individual or entity. An offer to convey real property made by a
895	895	39 county land bank to a municipality under this section subsection
896	896	40 expires sixty (60) days after the county land bank makes the offer,
897	897	41 unless the county land bank and the municipality agree to another
898	898	42 period.
899	899	2024 IN 1212—LS 6932/DI 129 21
900	900	1 (c) This subsection applies to a land bank created pursuant to an
901	901	2 interlocal agreement under section 2(b) of this chapter that is
902	902	3 composed of two (2) or more contiguous counties. If real property
903	903	4 held by a land bank composed of two (2) or more contiguous
904	904	5 counties is located in the territory of a municipality of a county
905	905	6 that is a party to the interlocal agreement, the land bank shall offer
906	906	7 to convey the real property to the municipality before the land
907	907	8 bank offers, or accepts an offer, to convey the real property to any
908	908	9 other individual or entity. An offer to convey real property made
909	909	10 by a land bank composed of two (2) or more counties to a
910	910	11 municipality under this subsection expires sixty (60) days after the
911	911	12 land bank makes the offer, unless the land bank and the
912	912	13 municipality agree to another period.
913	913	14 SECTION 15. IC 36-7-38-11, AS ADDED BY P.L.211-2016,
914	914	15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
915	915	16 JULY 1, 2024]: Sec. 11. (a) A land bank may:
916	916	17 (1) enter into an interlocal agreement under IC 36-1-7 with
917	917	18 another governmental entity, including, subject to subsection
918	918	19 (b), the establishment of processes to improve the quality of
919	919	20 title and marketability of property the land bank owns by
920	920	21 extinguishing any liens that exist on the property; or
921	921	22 (2) otherwise contract with another governmental entity in Indiana
922	922	23 to perform services for the governmental entity.
923	923	24 (b) The following are exempt from the scope of an interlocal
924	924	25 agreement described in subsection (a)(1) to extinguish liens that
925	925	26 exist on a property the land bank owns:
926	926	27 (1) A lien granted priority under federal law.
927	927	28 (2) A lien of the state.
928	928	29 (3) Any valid easements, covenants, declarations, or deed
929	929	30 restrictions that encumber the property as shown in the
930	930	31 public record.
931	931	32 SECTION 16. IC 36-7-38-18, AS ADDED BY P.L.211-2016,
932	932	33 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
933	933	34 JULY 1, 2024]: Sec. 18. (a) Employees of a land bank are not
934	934	35 employees of the eligible unit that established the land bank.
935	935	36 (b) If a land bank enters into an interlocal agreement under
936	936	37 IC 36-1-7 as provided in section 11 of this chapter, any employees
937	937	38 of an eligible unit who may be contracted to provide staffing
938	938	39 services to the land bank pursuant to the interlocal agreement
939	939	40 retain their status as public employees of the eligible unit. Nothing
940	940	41 in this subsection shall be construed to alter or otherwise affect the
941	941	42 public employee's status as an employee of the eligible unit.
942	942	2024 IN 1212—LS 6932/DI 129 22
943	943	1 (b) (c) The board of a land bank may elect by resolution to provide
944	944	2 programs of group health insurance for the land bank's employees and
945	945	3 retired employees as provided under IC 5-10-8-2.6.
946	946	4 (c) (d) The board of a land bank may elect by resolution to provide
947	947	5 retirement and disability benefits for employees, which may be by
948	948	6 means of participation in the public employees' retirement fund as
949	949	7 provided under IC 5-10.3-6.
950	950	8 SECTION 17. IC 36-7-38-24 IS ADDED TO THE INDIANA
951	951	9 CODE AS A NEW SECTION TO READ AS FOLLOWS
952	952	10 [EFFECTIVE JULY 1, 2024]: Sec. 24. The county executive (as
953	953	11 defined in IC 6-1.1-23.9-1) must provide a land bank in the county
954	954	12 with a list of tracts in the territory of the land bank that:
955	955	13 (1) are delinquent on property taxes (as described in
956	956	14 IC 6-1.1-37-10); and
957	957	15 (2) have been offered for sale by the county at two (2) or more
958	958	16 public sales held under IC 6-1.1-24 and remain unsold;
959	959	17 on an annual basis. The list must be provided to the land bank
960	960	18 within sixty (60) days after the end of the last tax sale held under
961	961	19 IC 6-1.1-24 for which the tracts went unsold. If a land bank
962	962	20 requests a tract on the list not later than ninety (90) days from the
963	963	21 date it receives the list, the county executive may assign the tax sale
964	964	22 certificate for the tract or convey the tract, as applicable, to the
965	965	23 land bank at no cost to the land bank.
966	966	2024 IN 1212—LS 6932/DI 129