LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 7018 NOTE PREPARED: Feb 29, 2024
BILL NUMBER: HB 1329 BILL AMENDED: Feb 29, 2024
SUBJECT: Local Government Matters.
FIRST AUTHOR: Rep. Pressel BILL STATUS: 2
nd
Reading - 2
nd
House
FIRST SPONSOR: Sen. Baldwin
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: (Amended) This bill authorizes the solid waste management district of
Vanderburgh County to make grants and loans for certain purposes.
This bill provides that with certain exceptions a governmental entity is prohibited from requiring that a Class
2 structure or a residential onsite sewage system be inspected in connection with or as a condition of the sale
of or transfer of title to the property containing the Class 2 structure or residential onsite sewage system. It
allows a governmental entity to require certain inspections of properties located in that part of St. Joseph
County containing a designated sole source aquifer only if it has been more than 15 years since the property
was last sold or transferred, or the Class 2 structure or system was constructed or installed.
The bill provides, for purposes of posting a license bond, that a political subdivision may not impose any
requirement for the political subdivision to be identified as an obligee on the license bond other than the
requirement in statute. It provides that certain obligors may initiate a civil action against a political
subdivision that does not recognize or does not allow an obligor to post a license bond that satisfies certain
requirements and that, if the obligor prevails in the action, the obligor shall be awarded an amount equal to:
(1) 300% of the cost of obtaining the license bond; (2) compensatory damages; and (3) reasonable attorney's
fees. This bill provides that if a contractor: (1) has posted a license bond to obtain one license from a political
subdivision; and (2) is required to obtain another license from the political subdivision to perform work that
the contractor intends to perform; the contractor may not be required to post a second license bond as a
condition of obtaining the second license if the type of work that the first license authorizes the contractor
to perform is so closely related to the type of work that the second license will authorize the contractor to
perform that both types of work are typically involved in a single residential construction project.
HB 1329 1 This bill provides that a city, town, or county that requires a building permit for the construction of a Class
2 structure may provide for the inspection to be conducted by: (1) an individual employed by the city, town,
or county, or by another city, town, or county, as a building inspector; (2) a registered architect; (3) a
registered professional engineer; (4) a certified building official; or (5) a licensed home inspector.
Effective Date: July 1, 2024.
Explanation of State Expenditures:
Explanation of State Revenues: Court Fees: If additional civil cases occur and court fees are collected,
revenue to the state General Fund will increase. The total revenue per case would range between $100 and
$122. The amount deposited will vary depending on whether the case is filed in a court of record or a
municipal court. The following linked document describes the fees and distribution of the revenue: Court
fees imposed in civil, probate, and small claims cases.
Explanation of Local Expenditures: Political Subdivisions: This bill may result in an increase in
expenditures for political subdivisions to the extent that an obligor who brings civil action against a political
subdivision is successful in their court case. The political subdivision would have to pay the obligor 300%
of the cost of obtaining the license bond; damages compensating the obligor from the political subdivision
for not recognizing or otherwise allowing the obligor to post the license bond; and reasonable attorney's fees,
as applicable.
(Revised) Class 2 Structure Mandated Inspections Prohibition: This bill’s provisions will result in a decrease
in the administrative workload and overall expenditures for political subdivisions to the extent these entities
are currently requiring an inspection of a Class 2 structure or a residential onsite sewage system in
connection with the sale or transfer of property containing one of these structures or systems. This bill will
prohibit political subdivisions from requiring these sort of inspections, with the exception of certain
properties located in part of St. Joseph County containing a designated sole source aquifer only if it has been
more than 15 years since the property was last sold or transferred, or the Class 2 structure or system was
constructed or installed.
Vanderburgh County Solid Waste Management District: This bill’s provisions may result in an increase in
the administrative workload and in overall expenditures for the Vanderburgh County Solid Waste
Management District to the extent that the district exercises its discretion - as provided in the bill - to fund
1) the repair or maintenance of municipal and county public roadways located within a mile of any landfill
in the district and/or 2) the emergency clean-up of trees and other debris resulting from a natural disaster or
other casualty.
Additional Information: The Vanderburgh County Solid Waste Management District had a certified budget
of $579,932 for CY 2023.
Explanation of Local Revenues: If additional cases occur, revenue will be collected by certain local units.
If the case is filed in a court of record, the county will receive $32 and qualifying municipalities will receive
a share of $3. If the case is filed in a municipal court, the county receives $20, and the municipality will
receive $37. The following linked document describes the fees and distribution of the revenue: Court fees
imposed in civil, probate, and small claims cases.
State Agencies Affected:
HB 1329 2 Local Agencies Affected: Political subdivisions; Trial courts, city and town courts; Vanderburgh County
Solid Waste Management District.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual. Pay 2023 Certified
Budget Order for Vanderburgh County:
https://www.in.gov/dlgf/files/2023-reports/Vanderburgh-221227-2023-County-Budget-Order.pdf.
Fiscal Analyst: James Johnson, 317-232-9869.
HB 1329 3