First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
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provision adopted), the text of the new provision will appear in this style type. Also, the
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 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1641
AN ACT to amend the Indiana Code concerning local government.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-14-1.5-6.1, AS AMENDED BY P.L.200-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6.1. (a) As used in this section, "public official"
means a person:
(1) who is a member of a governing body of a public agency; or
(2) whose tenure and compensation are fixed by law and who
executes an oath.
(b) Executive sessions may be held only in the following instances:
(1) Where authorized by federal or state statute.
(2) For discussion of strategy with respect to any of the following:
(A) Collective bargaining, which does not include a discussion
or meeting under IC 20-29-6-7.
(B) Initiation of litigation or litigation that is either pending or
has been threatened specifically in writing. As used in this
clause, "litigation" includes any judicial action or
administrative law proceeding under federal or state law.
(C) The implementation of security systems.
(D) A real property transaction including:
(i) a purchase;
(ii) a lease as lessor;
(iii) a lease as lessee;
(iv) a transfer;
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(v) an exchange; or
(vi) a sale;
by the governing body up to the time a contract or option is
executed by the parties. This clause does not affect a political
subdivision's duty to comply with any other statute that
governs the conduct of the real property transaction, including
IC 36-1-10 or IC 36-1-11.
(E) School consolidation.
However, all such strategy discussions must be necessary for
competitive or bargaining reasons and may not include
competitive or bargaining adversaries.
(3) For discussion of the assessment, design, and implementation
of school safety and security measures, plans, and systems.
(4) Interviews and negotiations with industrial or commercial
prospects or agents of industrial or commercial prospects by:
(A) the Indiana economic development corporation;
(B) the office of tourism development (before July 1, 2020) or
the Indiana destination development corporation (after June
30, 2020);
(C) the Indiana finance authority;
(D) the ports of Indiana;
(E) an economic development commission;
(F) the Indiana state department of agriculture;
(G) the Indiana White River state park development
commission;
(H) a local economic development organization that is a
nonprofit corporation established under state law whose
primary purpose is the promotion of industrial or business
development in Indiana, the retention or expansion of Indiana
businesses, or the development of entrepreneurial activities in
Indiana; or
(I) a governing body of a political subdivision.
However, this subdivision does not apply to any discussions
regarding research that is prohibited under IC 16-34.5-1-2 or
under any other law.
(5) To receive information about and interview prospective
employees.
(6) With respect to any individual over whom the governing body
has jurisdiction:
(A) to receive information concerning the individual's alleged
misconduct; and
(B) to discuss, before a determination, the individual's status
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as an employee, a student, or an independent contractor who
is:
(i) a physician; or
(ii) a school bus driver.
(7) For discussion of records classified as confidential by state or
federal statute.
(8) To discuss before a placement decision an individual student's
abilities, past performance, behavior, and needs.
(9) To discuss a job performance evaluation of individual
employees. This subdivision does not apply to a discussion of the
salary, compensation, or benefits of employees during a budget
process.
(10) When considering the appointment of a public official, to do
the following:
(A) Develop a list of prospective appointees.
(B) Consider applications.
(C) Make one (1) initial exclusion of prospective appointees
from further consideration.
Notwithstanding IC 5-14-3-4(b)(12), a governing body may
release and shall make available for inspection and copying in
accordance with IC 5-14-3-3 identifying information concerning
prospective appointees not initially excluded from further
consideration. An initial exclusion of prospective appointees from
further consideration may not reduce the number of prospective
appointees to fewer than three (3) unless there are fewer than
three (3) prospective appointees. Interviews of prospective
appointees must be conducted at a meeting that is open to the
public.
(11) To train school board members with an outside consultant
about the performance of the role of the members as public
officials.
(12) To prepare or score examinations used in issuing licenses,
certificates, permits, or registrations under IC 25.
(13) To discuss information and intelligence intended to prevent,
mitigate, or respond to the threat of terrorism.
(14) To train members of a board of aviation commissioners
appointed under IC 8-22-2 or members of an airport authority
board appointed under IC 8-22-3 with an outside consultant about
the performance of the role of the members as public officials. A
board may hold not more than one (1) executive session per
calendar year under this subdivision.
(15) For discussion by the governing body of a state educational
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institution of:
(A) the assessment of; or
(B) negotiation with another entity concerning;
the establishment of a collaborative relationship or venture to
advance the research, engagement, or education mission of the
state educational institution. However, this subdivision does not
apply to any discussions regarding research that is prohibited
under IC 16-34.5-1-2 or under any other law.
(16) To have communications with an attorney that are
subject to the attorney client privilege.
(c) A final action must be taken at a meeting open to the public.
(d) Public notice of executive sessions must state the subject matter
by specific reference to the enumerated instance or instances for which
executive sessions may be held under subsection (b). The requirements
stated in section 4 of this chapter for memoranda and minutes being
made available to the public is modified as to executive sessions in that
the memoranda and minutes must identify the subject matter
considered by specific reference to the enumerated instance or
instances for which public notice was given. The governing body shall
certify by a statement in the memoranda and minutes of the governing
body that no subject matter was discussed in the executive session
other than the subject matter specified in the public notice.
(e) A governing body may not conduct an executive session during
a meeting, except as otherwise permitted by applicable statute. A
meeting may not be recessed and reconvened with the intent of
circumventing this subsection.
SECTION 2. IC 6-1.1-5.5-2, AS AMENDED BY P.L.49-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) As used in this chapter, "conveyance
document" means any of the following:
(1) Any of the following that purports to transfer a real property
interest for valuable consideration:
(A) A document.
(B) A deed.
(C) A contract of sale.
(D) An agreement.
(E) A judgment.
(F) A lease that includes the fee simple estate and is for a
period in excess of ninety (90) years.
(G) A quitclaim deed serving as a source of title.
(H) Another document presented for recording.
(2) Documents for compulsory transactions as a result of
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foreclosure or express threat of foreclosure, divorce, court order,
condemnation, or probate.
(3) Documents involving the partition of land between tenants in
common, joint tenants, or tenants by the entirety.
(b) The term does not include the following:
(1) Security interest documents such as mortgages and trust
deeds.
(2) Leases that are for a term of less than ninety (90) years.
(3) Agreements and other documents for mergers, consolidations,
and incorporations involving solely nonlisted stock.
(4) Quitclaim deeds not serving as a source of title.
(5) Public utility or governmental easements or rights-of-way.
(6) Conveyances to the state.
(7) Conveyances to a unit (as defined in IC 36-1-2-23).
SECTION 3. IC 9-24-1-7, AS AMENDED BY P.L.211-2023,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) Section 1 of this chapter does not apply to
the following individuals:
(1) An individual in the service of the armed forces of the United
States while operating an official motor vehicle in that service.
(2) An individual who is at least sixteen (16) years and one
hundred eighty (180) days of age, while operating:
(A) road construction or maintenance machinery;
(B) a ditch digging apparatus;
(C) a well drilling apparatus; or
(D) a concrete mixer;
that is being temporarily drawn, moved, or propelled on a
highway.
(3) A nonresident who:
(A) is:
(i) at least sixteen (16) years and one hundred eighty (180)
days of age; or
(ii) employed in Indiana;
(B) has in the nonresident's immediate possession a valid
driver's license that was issued to the nonresident in the
nonresident's home state or country; and
(C) is legally present in the United States;
while operating on a highway the type of motor vehicle for which
the driver's license was issued, subject to the restrictions imposed
by the home state or country of the individual's residence.
(4) A new Indiana resident who:
(A) possesses a valid driver's license issued by the state or
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country of the individual's former residence; and
(B) is legally present in the United States;
for a period of sixty (60) days after becoming an Indiana resident,
and subject to the restrictions imposed by the state or country of
the individual's former residence while operating upon a highway
the type of motor vehicle for which the driver's license was
issued.
(5) An individual while operating a farm wagon that is being
temporarily drawn, moved, or propelled on a public highway.
However, to operate the farm wagon on a highway, other than to
temporarily draw, move, or propel it, the individual must be at
least fifteen (15) years of age.
(6) An individual who does not hold a driver's license or permit
and is authorized to operate a golf cart or an off-road vehicle on
the highways of a county, city, or town in accordance with an
ordinance adopted under IC 9-21-1-3(a)(14) or IC 9-21-1-3.3(a).
(b) An ordinance adopted under IC 9-21-1-3(a)(14) or
IC 9-21-1-3.3(a) must require that an individual who operates
concerning the operation of a golf cart or off-road vehicle in the city,
county, or town must require either of the following:
(1) An operator hold a driver's license. or
(2) An operator hold a driver's license or be at least sixteen
(16) years and one hundred eighty (180) days of age and hold:
(A) an identification card issued under IC 9-24-16; or
(B) a photo exempt identification card issued under
IC 9-24-16.5.
SECTION 4. IC 10-17-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. The state or a
political subdivision county recorder shall provide upon request,
without charge or fee, one (1) certified copy of a document or record
if it is shown that the certified copy is necessary to secure benefits to:
(1) members of the military service;
(2) honorably discharged veterans; or
(3) surviving spouses or dependents of an individual described in
subdivision (1) or (2);
under a federal or state law.
SECTION 5. IC 10-17-3-3, AS AMENDED BY P.L.127-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. The state or a political subdivision county
recorder may collect a charge per copy of not more than the amount
specified in IC 36-2-7-10(c)(5) if a person requests more than one (1)
certified copy of the a document or record under section 2 of this
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chapter. The funds received under this section by the:
(1) state, shall be placed in the state general fund; of the state or
county. and
(2) county recorder, shall be placed in the county recorder's
records perpetuation fund established under IC 36-2-7-10(g).
SECTION 6. IC 16-23-1-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) The governing
board shall hold one (1) regular meeting each month not less than ten
(10) meetings a year at a time and place times and places to be fixed
by the board. The meeting must be held in a convenient place in the
city in which the hospital is located. Special meetings of the board may
be held on written notice by the president, the secretary, or any three
(3) members of the board to the remaining members. Personal
attendance at a meeting constitutes a waiver of notice.
(b) A majority of all members of the board constitutes a quorum for
the transaction of business at any regular or special meeting. A majority
vote of all members of the board is required on all questions or
business.
SECTION 7. IC 16-37-3-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 12. If the body is to be
transported by common carrier, the person in charge of interment shall
secure a burial transit permit in duplicate from:
(1) the local health officer; or
(2) in the absence of a local health officer, the county
registrar.
SECTION 8. IC 20-26-5-41, AS ADDED BY P.L.216-2021,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 41. The governing body of a school corporation
may enter into a public-private agreement for the construction or
renovation of new school buildings under IC 5-23.
SECTION 9. IC 29-1-7-23, AS AMENDED BY P.L.26-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 23. (a) When a person dies, the person's real and
personal property passes to persons to whom it is devised by the
person's last will or, in the absence of such disposition, to the persons
who succeed to the person's estate as the person's heirs; but it shall be
subject to the possession of the personal representative and to the
election of the surviving spouse and shall be chargeable with the
expenses of administering the estate, the payment of other claims and
the allowances under IC 29-1-4-1, except as otherwise provided in
IC 29-1.
(b) A person may sign and record an affidavit to establish prima
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facie evidence of the passage of real estate title to distributees under
this section. An affidavit under this section may contain the following
information:
(1) The decedent's name and date of death.
(2) A statement of the affiant's relationship to the decedent.
(3) A description of how the following deeds or other instruments
vested in the decedent an ownership or leasehold interest in real
property, with a cross-reference if applicable, under
IC 36-2-7-10(l) IC 36-2-7-10(m) to each deed or other
instrument:
(A) Deeds or other instruments recorded in the office of the
recorder where the real property is located.
(B) Deeds or other instruments that disclose a title transaction
(as defined in IC 32-20-2-7).
(4) The legal description of the conveyed real property as it
appears in instruments described in subdivision (3).
(5) The names of all distributees known to the affiant.
(6) An explanation of how each interest in the real property
passed upon the decedent's death to each distributee by:
(A) intestate succession under IC 29-1-2-1; or
(B) the decedent's last will and testament that has been
admitted to probate under section 13 of this chapter, with
references to:
(i) the name and location of the court that issued the order
admitting the will to probate; and
(ii) the date when the court admitted the decedent's will to
probate.
(7) An explanation of how any fractional interests in the real
property that may have passed to multiple distributees were
calculated and apportioned.
(c) Upon presentation of an affidavit described in subsection (b), the
auditor of the county where the real property described in the affidavit
is located must endorse the affidavit as an instrument that is exempt
from the requirements to file a sales disclosure form and must enter the
names of the distributees shown on the affidavit on the tax duplicate on
which the real property is transferred, assessed, and taxed under
IC 6-1.1-5-7. After December 31, 2023, an auditor may not refuse to
endorse an affidavit because the affidavit is an electronic document.
(d) Upon presentation of an affidavit described in subsection (b), the
recorder of the county where the real property described in the affidavit
is located must:
(1) record the affidavit; and
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(2) index the affidavit as the most recent instrument responsible
for the transfer of the real property described in subsection (b)(4).
(e) Any person may rely upon an affidavit recorded with the county
recorder:
(1) made in good faith; and
(2) under this section;
as prima facie evidence of an effective transfer of the decedent's title
to the real property interest under subsection (a) to the distributee
described in the affidavit.
(f) If:
(1) at least seven (7) months have elapsed since the decedent's
death;
(2) the clerk of the court described in subsection (b)(6)(B) has not
issued letters testamentary or letters of administration to the court
appointed personal representative for the decedent within the time
limits specified under section 15.1(d) of this chapter; and
(3) the court described in subsection (b)(6)(B) has not issued
findings and an accompanying order preventing the limitations in
section 15.1(b) of this chapter from applying to the decedent's real
property;
any person may rely upon the affidavit described in subsection (e) as
evidence that the real property may not be sold by an executor or
administrator of the decedent's estate to pay a debt or obligation of the
decedent, which is not a lien of record in the county in which the real
property is located, or to pay any costs of administration of the
decedent's estate.
SECTION 10. IC 34-58-1-2.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.1. After June 30, 2025, no
action shall be brought with respect to jail or prison conditions
under state law by an offender until such administrative remedies
as are available are exhausted.
SECTION 11. IC 36-2-2-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 20. The county
executive may make orders concerning county property, including
orders for:
(1) the sale of the county's public buildings and the acquisition of
land in the county seat on which to build new public buildings;
and
(2) the acquisition of land for a public square and the
maintenance of that square.
However, a conveyance or purchase by a county of land having a value
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of one thousand dollars ($1,000) fifty thousand dollars ($50,000) or
more must be authorized by an ordinance of the county fiscal body
fixing the terms and conditions of the transaction.
SECTION 12. IC 36-2-2.9-15 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 15. A county employee may not
take action on a county contract unless permitted by a county
ordinance. This section does not apply to a county officer.
SECTION 13. IC 36-2-7-10, AS AMENDED BY P.L.96-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) The following definitions apply to this
section:
(1) "Copy" means:
(A) transcribing or duplicating a document by handwriting,
photocopy, xerography, or duplicating machine;
(B) duplicating electronically stored data onto a disk, tape,
drum, or any other means of electronic data storage; or
(C) reproducing a document by any other means.
(2) "Mortgage" means a transfer of rights to real property, in a
form substantially similar to that set forth in IC 32-29-1-5, with or
without warranty from the grantor. The term does not include:
(A) a mortgage modification;
(B) a mortgage assignment; or
(C) a mortgage release; or
(D) a mortgage assumption.
(3) "Multiple transaction document" means a document
containing two (2) or more transactions of the same type.
(4) "Record" or "recording" means the act of placing a document
into the official records of the county recorder and includes the
functions of filing and filing for record.
(b) The county recorder shall charge and collect the fees prescribed
by this section for recording, filing, copying, and other services the
recorder renders, and shall pay them into the county treasury at the end
of each calendar month. The fees prescribed and collected under this
section supersede all other recording fees required by law to be charged
for services rendered by the county recorder.
(c) The county recorder shall charge the following:
(1) Twenty-five dollars ($25) for recording any deed or other
instrument, other than a mortgage.
(2) Fifty-five dollars ($55) for recording any mortgage.
(3) For pages larger than eight and one-half (8 1/2) inches by
fourteen (14) inches twenty-five dollars ($25) for the first page
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and five dollars ($5) for each additional page of any document the
recorder records, if the pages are larger than eight and one-half (8
1/2) inches by fourteen (14) inches.
(4) If the county recorder has elected to attest to the release,
partial release, or assignment of any mortgage, judgment, lien, or
oil and gas lease contained on a multiple transaction document,
the fee for each transaction after the first is seven dollars ($7) plus
the amount provided in subdivision (1).
(5) For furnishing copies of records, the fee for each copy is:
(A) one dollar ($1) per page that is not larger than eleven (11)
inches by seventeen (17) inches; and
(B) five dollars ($5) per page that is larger than eleven (11)
inches by seventeen (17) inches.
(6) Five dollars ($5) for acknowledging or certifying to a
document.
(7) A fee in an amount authorized by an ordinance adopted by the
county legislative body for duplicating a computer tape, a
computer disk, an optical disk, microfilm, or similar media. This
fee may not cover making a handwritten copy or a photocopy or
using xerography or a duplicating machine.
(8) Twenty-five dollars ($25) per parcel for recording the release
of a lien or liens of a political subdivision for a property sold or
transferred under IC 6-1.1-24-6.1 or IC 36-1-11, regardless of the
number of liens held by the political subdivision. This fee applies
to each political subdivision with a lien or liens on a parcel. In
addition to the fee under this subdivision, if a county fiscal body
adopts a fee under section 10.7 of this chapter, the county
recorder may charge the fee under section 10.7 of this chapter for
each document recorded by a political subdivision under this
subdivision.
(9) This subdivision applies in a county only if at least one (1)
unit in the county has established an affordable housing fund
under IC 5-20-5-15.5 and the county fiscal body adopts an
ordinance authorizing the fee described in this subdivision. An
ordinance adopted under this subdivision may authorize the
county recorder to charge a fee of ten dollars ($10) for each
document the recorder records.
(10) This subdivision applies in a county containing a
consolidated city that has established a housing trust fund under
IC 36-7-15.1-35.5(e). This subdivision does not apply if the
county fiscal body adopts a fee under section 10.7 of this chapter.
The county fiscal body may adopt an ordinance authorizing the
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fee described in this subdivision. An ordinance adopted under this
subdivision may authorize the county recorder to charge a fee of:
(A) two dollars and fifty cents ($2.50) for the first page; and
(B) one dollar ($1) for each additional page;
of each document the recorder records.
(d) This subsection does not apply in a county containing a
consolidated city. Section 10.5 of this chapter applies to the deposit of
fees collected under subsection (c)(1) and (c)(8) in a county containing
a consolidated city. The county recorder shall deposit the fees collected
under subsection (c)(1) and (c)(8) as follows:
(1) Eight dollars ($8) in the county general fund.
(2) Five dollars ($5) in the county surveyor's corner perpetuation
fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
(3) Ten dollars ($10) in the county recorder's records perpetuation
fund established under subsection (f). (g).
(4) One dollar ($1) in the county identification security protection
fund established under IC 36-2-7.5-11.
(5) One dollar ($1) in the county elected officials training fund
under IC 36-2-7-19.
(e) This subsection does not apply in a county containing a
consolidated city. Section 10.5 of this chapter applies to the deposit of
fees collected under subsection (c)(2) in a county containing a
consolidated city. The county recorder shall deposit the fees collected
under subsection (c)(2) as follows:
(1) Thirty-four dollars ($34) in the county general fund.
(2) Five dollars ($5) in the county surveyor's corner perpetuation
fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
(3) Eleven dollars and fifty cents ($11.50) in the county recorder's
records perpetuation fund established under subsection (f). (g).
(4) Two dollars and fifty cents ($2.50) with the county treasurer
to be distributed in accordance with IC 24-9-9-3 and IC 24-9-9-4.
(5) One dollar ($1) in the county identification security protection
fund established under IC 36-2-7.5-11.
(6) One dollar ($1) in the county elected officials training fund
under IC 36-2-7-19.
(f) This subsection applies to all counties. A county recorder
shall deposit fees collected under subsection (c)(3), (c)(4), (c)(5),
(c)(6), and (c)(7) in the county recorder's records perpetuation
fund established under subsection (g).
(f) (g) The county treasurer shall establish a county recorder's
records perpetuation fund. The fund consists of all fees collected under
this section for deposit in the fund and amounts transferred to the fund
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from the county identification security protection fund under
IC 36-2-7.5-11. and the county elected officials training fund under
section 19(e)(4) of this chapter. Except as provided in section 10.2 of
this chapter, the county recorder may use any money in this fund
without appropriation for:
(1) the preservation of records; and
(2) the improvement of record keeping systems and equipment;
within the control of the county recorder. Money from the fund may not
be deposited or transferred into the county general fund and does not
revert to the county general fund at the end of a fiscal year.
(g) (h) The county recorder shall post the fees set forth in subsection
(c) in a prominent place within the county recorder's office where the
fee schedule will be readily accessible to the public.
(h) (i) The county recorder may not charge or collect any fee for:
(1) recording an official bond of a public officer, a deputy, an
appointee, or an employee; or
(2) performing any service under any of the following:
(A) IC 6-1.1-22-2(c).
(B) IC 8-23-7.
(C) IC 8-23-23.
(D) IC 10-17-2-3.
(E) IC 10-17-3-2.
(F) IC 12-14-13.
(G) IC 12-14-16.
(i) (j) The state and its agencies and instrumentalities are required
to pay the recording fees and charges that this section prescribes.
(j) (k) This subsection applies to a county other than a county
containing a consolidated city. The county treasurer shall distribute
money collected by the county recorder under subsection (c)(9) as
follows:
(1) Sixty percent (60%) of the money collected by the county
recorder under subsection (c)(9) shall be distributed to the units
in the county that have established an affordable housing fund
under IC 5-20-5-15.5 for deposit in the fund. The amount to be
distributed to a unit is the amount available for distribution
multiplied by a fraction. The numerator of the fraction is the
population of the unit. The denominator of the fraction is the
population of all units in the county that have established an
affordable housing fund. The population to be used for a county
that establishes an affordable housing fund is the population of
the county outside any city or town that has established an
affordable housing fund.
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(2) Forty percent (40%) of the money collected by the county
recorder under subsection (c)(9) shall be distributed to the
treasurer of state for deposit in the affordable housing and
community development fund established under IC 5-20-4-7 for
the purposes of the fund.
Money shall be distributed under this subsection before the sixteenth
day of the month following the month in which the money is collected
from the county recorder.
(k) (l) This subsection applies to a county described in subsection
(c)(10). The county treasurer shall distribute money collected by the
county recorder under subsection (c)(10) as follows:
(1) Sixty percent (60%) of the money collected by the county
recorder under subsection (c)(10) shall be deposited in the
housing trust fund established under IC 36-7-15.1-35.5(e) for the
purposes of the fund.
(2) Forty percent (40%) of the money collected by the county
recorder under subsection (c)(10) shall be distributed to the
treasurer of state for deposit in the affordable housing and
community development fund established under IC 5-20-4-7 for
the purposes of the fund.
Money shall be distributed under this subsection before the sixteenth
day of the month following the month in which the money is collected
from the county recorder.
(l) (m) The county recorder may also include a cross-reference or
multiple cross-references identified in a document for recording under
this section. For cross-references not otherwise required by statute or
county ordinance, the person submitting the document for recording
shall clearly identify on the front page of the instrument the specific
cross-reference or cross-references to be included with the recorded
documents.
SECTION 14. IC 36-2-7-10.1, AS AMENDED BY P.L.86-2018,
SECTION 338, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 10.1. (a) The following definitions
apply throughout this section:
(1) "Bulk form copy" means an aggregation of:
(A) copies of all recorded documents received by the county
recorder for recording in a calendar day, week, month, or year;
(B) the indices for finding, retrieving, and viewing all recorded
documents received by the county recorder for recording in a
calendar day, week, month, or year; or
(C) the items under both clauses (A) and (B).
(2) "Bulk user" means an individual, a corporation, a partnership,
HEA 1641 — Concur 15
a limited liability company, or an unincorporated association that
receives bulk form copies under a contract with the county
recorder.
(3) "Copy" means a reproduction, including an image of a
recorded document or indices created by:
(A) duplicating electronically stored data onto a disk, tape,
drum, or any other medium of electronic data storage; or
(B) reproducing on microfilm.
(4) "Indices" means all of the indexing information used by the
county recorder for finding, retrieving, and viewing a recorded
document.
(5) "Recorded document" means a writing, a paper, a document,
a plat, a map, a survey, or anything else received at any time for
recording or filing in the public records maintained by the county
recorder or the county recorder's designee.
(b) A county executive shall establish by ordinance the manner and
form in which the county recorder may provide bulk form copies to
bulk users. The ordinance must establish whether the county recorder
may provide bulk form copies to a bulk user:
(1) on a disk, tape, drum, or any other medium of electronic data
storage or microfilm;
(2) by electronically transmitting the copies using an electronic
transfer process; or
(3) under both subdivisions (1) and (2).
(c) A bulk user must submit a written request to the county recorder
that identifies the requested bulk form copies with reasonable
particularity. Unless the request is refused under subsection (j), upon
receipt of a valid written request the county recorder or the county
recorder's designee shall provide the bulk form copies to the bulk user
by the method or methods established by ordinance. The bulk form
copies shall be provided within a reasonable time after the later of the
following events:
(1) The recorder's archival process is completed and bulk form
copies become available in the county recorder's office.
(2) The bulk form user executes a contract that meets the
requirements of subsection (g) with:
(A) the county recorder; and
(B) if the county recorder uses a third party to provide bulk
copy services, the county recorder's designee.
The county recorder or the county recorder's designee shall work with
reasonable diligence to ensure that bulk form copies are timely
produced to the bulk user.
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(d) The county recorder shall charge a fee for producing bulk form
copies. Except as provided in subsection (e), the amount of the fee shall
be as follows:
(1) Ten cents ($0.10) per page for a copy of a recorded document,
including the instrument's book and page, if applicable.
(2) Ten cents ($0.10) per recorded document for a copy of the
indices used by the county recorder for finding, retrieving, and
viewing a recorded document.
(e) If the county executive makes a finding and determination that
the costs incurred by the county recorder of producing bulk form
copies, including applying a watermark or other protective feature,
exceed the amount of the fee under subsection (d), the county executive
may adopt an ordinance that establishes a greater fee in an amount not
to exceed the following:
(1) Twenty cents ($0.20) per page for a copy of a recorded
document, including the instrument's book and page, if
applicable.
(2) Twenty cents ($0.20) per recorded document for a copy of the
indices used by the county recorder for finding, retrieving, and
viewing a recorded document.
If the county executive adopts an ordinance under this subsection, the
county recorder shall charge the fee in the amount set by the ordinance,
instead of the amount set forth in subsection (d).
(f) The fees charged by the county recorder are subject to the
following requirements:
(1) The county recorder shall pay the fees into the county treasury
at the end of each calendar month.
(2) The fees prescribed and collected under this section supersede
all other fees for bulk form copies required by law to be charged
for services rendered by the county recorder to bulk users.
(3) All revenue generated by the county recorder under this
section shall be deposited in the county recorder's records
perpetuation fund and used by the recorder in accordance with
section 10(f) 10(g) of this chapter.
(g) A bulk user must enter into a contract with the county recorder
and if the county recorder uses a third party to provide bulk copy
services, the county recorder's designee, in order to receive bulk form
copies. The contract must be in writing and must require that the bulk
user agree not to do any of the following:
(1) Except as provided in subsection (h), provide, transfer, or
allow the transfer of any copy of a recorded document obtained by
the bulk user under this section to a third party.
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(2) Engage in unauthorized access to recorded documents.
(3) Engage in unauthorized alteration of recorded documents.
A contract required under this subsection may not include any
restrictions on a bulk form user's use of the bulk form copies other than
those contained in this section.
(h) A bulk user that is licensed under IC 27-1-15.6-6(d) or holds a
certificate of authority under IC 27-7-3-6 may provide bulk form copies
related to the specific order for a title search (as defined in IC 27-7-3-2)
when operating as:
(1) a title plant for the issuance of title insurance (as defined in
IC 27-7-3-2); or
(2) title company (as defined in IC 27-7-3-2).
A bulk user that meets the requirements of this subsection may charge
its customers a fee for using the bulk form copies obtained by the bulk
user that may not exceed the costs incurred by the bulk user for
obtaining the bulk form copies. A bulk user that meets the requirements
of this subsection may not resell, provide, transfer, or allow the transfer
of any copy of a recorded document, whether in bulk form or as
individual copies or images, to any other bulk user or title plant.
(i) A bulk user that does not meet the requirements of subsection (h)
is prohibited from selling, offering for sale, advertising for sale,
soliciting a purchase of, loaning, giving away, allowing subscription
service to, or otherwise transferring, providing, or allowing the transfer
of bulk form copies for commercial purposes to a third party, whether
the copies are in bulk form or individual copies or images.
(j) If a bulk user does not comply with a contract, the county
recorder may terminate the contract, immediately stop providing bulk
form copies to the bulk user, and refuse to provide the bulk form copies
requested by the bulk user if all termination provisions and procedures
in the contract have been met by the county recorder. The county
recorder may refuse subsequent requests from a bulk user for bulk form
copies in the following circumstances:
(1) The bulk user is a person that has had a previous bulk form
copy contract terminated by the county recorder because the
recorder determined that the bulk user failed to comply with the
contract.
(2) The bulk user is a corporation or limited liability company in
which a person has a majority or controlling interest and:
(A) the person requested bulk form copies under a previous
contract with the county recorder; and
(B) the contract was terminated by the county recorder
because the county recorder determined that the person failed
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to comply with the contract.
(k) This section does not apply to enhanced access under
IC 5-14-3-3.
SECTION 15. IC 36-2-7-10.2, AS AMENDED BY P.L.127-2017,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10.2. (a) As used in this section, "fund" refers to
the county recorder's records perpetuation fund established under
section 10(f) 10(g) of this chapter.
(b) A county recorder may pay all or a portion of the expenses of the
county recorder's office for the following calendar year from the fund
only if:
(1) the county recorder submits to the county fiscal body a sworn
statement that:
(A) the current revenue to the fund is sufficient to fulfill the
statutory purpose of the fund;
(B) the technology of the county recorder's office is presently
updated and at a level to sufficiently meet the statutory
purposes of the fund and the county recorder's office;
(C) the fund has a sufficient reserve, consistent with the
recorder's plan, to capitalize the next technology or other
records management upgrade necessary to fulfill the statutory
purpose of the fund and the county recorder's office; and
(D) the county recorder specifically requests that all or a
specific, identifiable portion of the fund be used to pay the
expenses of the county recorder's office for the following
calendar year; and
(2) the county fiscal body adopts an ordinance approving the
recorder's request under subsection (c).
(c) Upon receiving the county recorder's sworn statement, the
county fiscal body may adopt an ordinance approving the county
recorder's request. If the ordinance is adopted, the county fiscal body
shall, if specifically requested by the recorder for the following
calendar year, approve sufficient money from the fund. The county
fiscal body may not approve any more money from the fund for any
purpose in excess of that requested by the county recorder.
(d) A county recorder's request and the county fiscal body's approval
are valid for only the following calendar year. The requirements of this
section must be met for each calendar year.
SECTION 16. IC 36-2-7-10.5, AS AMENDED BY P.L.19-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10.5. (a) This section applies only in a county
containing a consolidated city.
HEA 1641 — Concur 19
(b) The county recorder shall deposit the fees collected under
section 10(c)(1) and 10(c)(8) of this chapter as follows:
(1) Nine dollars ($9) in the county general fund.
(2) Five dollars ($5) in the county surveyor's corner perpetuation
fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
(3) Ten dollars ($10) in the county recorder's records perpetuation
fund established under section 10(f) 10(g) of this chapter.
(4) Fifty cents ($0.50) in the county identification security
protection fund established under IC 36-2-7.5-11.
(5) Fifty cents ($0.50) in the county elected officials training fund
under IC 36-2-7-19.
(c) The county recorder shall deposit the fees collected under
section 10(c)(2) of this chapter as follows:
(1) Thirty-five dollars ($35) in the county general fund.
(2) Five dollars ($5) in the county surveyor's corner perpetuation
fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
(3) Eleven dollars and fifty cents ($11.50) in the county recorder's
records perpetuation fund established under section 10(f) 10(g) of
this chapter.
(4) Two dollars and fifty cents ($2.50) with the county treasurer
to be distributed in accordance with IC 24-9-9-3 and IC 24-9-9-4.
(5) Fifty cents ($0.50) in the county identification security
protection fund established under IC 36-2-7.5-11.
(6) Fifty cents ($0.50) in the county elected officials training fund
under IC 36-2-7-19.
SECTION 17. IC 36-2-7-10.7, AS AMENDED BY P.L.19-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10.7. (a) This section applies in a county
containing a consolidated city that has established a housing trust fund
under IC 36-7-15.1-35.5(e).
(b) The county fiscal body may adopt an ordinance authorizing the
county recorder to charge a fee of ten dollars ($10) for each document
the recorder records.
(c) If the county fiscal body adopts an ordinance under this section,
the following do not apply:
(1) Section 10(c)(10) of this chapter.
(2) Section 10(k) 10(l) of this chapter.
(d) All money collected by the county recorder under this section
shall be deposited in the housing trust fund established under
IC 36-7-15.1-35.5(e) for the purposes of the fund.
SECTION 18. IC 36-2-7-19, AS AMENDED BY P.L.96-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HEA 1641 — Concur 20
JULY 1, 2025]: Sec. 19. (a) As used in this section, "fund" refers to a
county elected officials training fund established under subsection (b).
(b) Each county legislative body shall establish a county elected
officials training fund to supplement appropriations that may come
from the county general fund to provide training of elected officials.
The county fiscal body shall appropriate money from the fund.
(c) The fund consists of money deposited under IC 36-2-7.5-6(b)(2)
and any other sources required or permitted by law. Money in the fund
does not revert to the county general fund.
(d) Except as provided in subsection (e)(3), and (e)(4), money in the
fund shall be used solely to provide training of:
(1) county elected officials; and
(2) individuals first elected to a county office;
required by IC 33-32-2-9, IC 36-2-9-2.5, IC 36-2-9.5-2.5,
IC 36-2-10-2.5, IC 36-2-11-2.5, and IC 36-2-12-2.5.
(e) Except as provided in IC 5-11-14-1, money in the fund may be
used to provide any of the following:
(1) Travel, lodging, and related expenses associated with any
training paid for from the fund.
(2) Training of one (1) or more designees of a county elected
official if sufficient funds are appropriated by the county fiscal
body.
(3) Upon determination by a county fiscal body that money in the
fund exceeds the amount necessary to fund the expenses specified
under subsection (d)(1) and (d)(2), money in the fund may be
used for the training (and related travel and lodging expenses) of
county council members provided:
(A) under IC 5-11-14-1; or
(B) by the Association of Indiana Counties.
(4) Upon determination by a county fiscal body that money in the
fund exceeds the amount necessary to fund the expenses specified
under subdivisions (1) and (2), the county auditor may, not later
than December 31, 2023, transfer the excess money to the county
recorder's records perpetuation fund established under section
10(f) of this chapter. This subdivision expires January 1, 2024.
SECTION 19. IC 36-2-7.5-11, AS AMENDED BY P.L.127-2017,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. (a) As used in this section, "fund" refers to a
county identification security protection fund established under
subsection (b).
(b) Each county legislative body shall establish an identification
security protection fund to be administered by the county recorder. The
HEA 1641 — Concur 21
county fiscal body shall appropriate money from the fund.
(c) A fund consists of money deposited in the fund under section
6(b) of this chapter. Money in a fund does not revert to the county
general fund. Money in a fund may be transferred to the county
recorder's records perpetuation fund for the uses set forth in
IC 36-2-7-10(f). IC 36-2-7-10(g).
(d) A county recorder may use money in the fund only to purchase,
upgrade, implement, or maintain redacting technology, or to secure
protection measures used in the office of the county recorder.
SECTION 20. IC 36-7-14-39, AS AMENDED BY P.L.136-2024,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 39. (a) As used in this section:
"Allocation area" means that part of a redevelopment project area
to which an allocation provision of a declaratory resolution adopted
under section 15 of this chapter refers for purposes of distribution and
allocation of property taxes.
"Base assessed value" means, subject to subsection (j), the
following:
(1) If an allocation provision is adopted after June 30, 1995, in a
declaratory resolution or an amendment to a declaratory
resolution establishing an economic development area:
(A) the net assessed value of all the property as finally
determined for the assessment date immediately preceding the
effective date of the allocation provision of the declaratory
resolution, as adjusted under subsection (h); plus
(B) to the extent that it is not included in clause (A), the net
assessed value of property that is assessed as residential
property under the rules of the department of local government
finance, within the allocation area, as finally determined for
the current assessment date.
(2) If an allocation provision is adopted after June 30, 1997, in a
declaratory resolution or an amendment to a declaratory
resolution establishing a redevelopment project area:
(A) the net assessed value of all the property as finally
determined for the assessment date immediately preceding the
effective date of the allocation provision of the declaratory
resolution, as adjusted under subsection (h); plus
(B) to the extent that it is not included in clause (A), the net
assessed value of property that is assessed as residential
property under the rules of the department of local government
finance, as finally determined for the current assessment date.
(3) If:
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(A) an allocation provision adopted before June 30, 1995, in
a declaratory resolution or an amendment to a declaratory
resolution establishing a redevelopment project area expires
after June 30, 1997; and
(B) after June 30, 1997, a new allocation provision is included
in an amendment to the declaratory resolution;
the net assessed value of all the property as finally determined for
the assessment date immediately preceding the effective date of
the allocation provision adopted after June 30, 1997, as adjusted
under subsection (h).
(4) Except as provided in subdivision (5), for all other allocation
areas, the net assessed value of all the property as finally
determined for the assessment date immediately preceding the
effective date of the allocation provision of the declaratory
resolution, as adjusted under subsection (h).
(5) If an allocation area established in an economic development
area before July 1, 1995, is expanded after June 30, 1995, the
definition in subdivision (1) applies to the expanded part of the
area added after June 30, 1995.
(6) If an allocation area established in a redevelopment project
area before July 1, 1997, is expanded after June 30, 1997, the
definition in subdivision (2) applies to the expanded part of the
area added after June 30, 1997.
Except as provided in section 39.3 of this chapter, "property taxes"
means taxes imposed under IC 6-1.1 on real property. However, upon
approval by a resolution of the redevelopment commission adopted
before June 1, 1987, "property taxes" also includes taxes imposed
under IC 6-1.1 on depreciable personal property. If a redevelopment
commission adopted before June 1, 1987, a resolution to include within
the definition of property taxes, taxes imposed under IC 6-1.1 on
depreciable personal property that has a useful life in excess of eight
(8) years, the commission may by resolution determine the percentage
of taxes imposed under IC 6-1.1 on all depreciable personal property
that will be included within the definition of property taxes. However,
the percentage included must not exceed twenty-five percent (25%) of
the taxes imposed under IC 6-1.1 on all depreciable personal property.
(b) A declaratory resolution adopted under section 15 of this chapter
on or before the allocation deadline determined under subsection (i)
may include a provision with respect to the allocation and distribution
of property taxes for the purposes and in the manner provided in this
section. A declaratory resolution previously adopted may include an
allocation provision by the amendment of that declaratory resolution on
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or before the allocation deadline determined under subsection (i) in
accordance with the procedures required for its original adoption. A
declaratory resolution or amendment that establishes an allocation
provision must include a specific finding of fact, supported by
evidence, that the adoption of the allocation provision will result in
new property taxes in the area that would not have been generated but
for the adoption of the allocation provision. For an allocation area
established before July 1, 1995, the expiration date of any allocation
provisions for the allocation area is June 30, 2025, or the last date of
any obligations that are outstanding on July 1, 2015, whichever is later.
A declaratory resolution or an amendment that establishes an allocation
provision after June 30, 1995, must specify an expiration date for the
allocation provision. For an allocation area established before July 1,
2008, the expiration date may not be more than thirty (30) years after
the date on which the allocation provision is established. For an
allocation area established after June 30, 2008, the expiration date may
not be more than twenty-five (25) years after the date on which the first
obligation was incurred to pay principal and interest on bonds or lease
rentals on leases payable from tax increment revenues. However, with
respect to bonds or other obligations that were issued before July 1,
2008, if any of the bonds or other obligations that were scheduled when
issued to mature before the specified expiration date and that are
payable only from allocated tax proceeds with respect to the allocation
area remain outstanding as of the expiration date, the allocation
provision does not expire until all of the bonds or other obligations are
no longer outstanding. Notwithstanding any other law, in the case of an
allocation area that is established after June 30, 2019, and that is
located in a redevelopment project area described in section
25.1(c)(3)(C) of this chapter, an economic development area described
in section 25.1(c)(3)(C) of this chapter, or an urban renewal project
area described in section 25.1(c)(3)(C) of this chapter, the expiration
date of the allocation provision may not be more than thirty-five (35)
years after the date on which the allocation provision is established.
The allocation provision may apply to all or part of the redevelopment
project area. The allocation provision must require that any property
taxes subsequently levied by or for the benefit of any public body
entitled to a distribution of property taxes on taxable property in the
allocation area be allocated and distributed as follows:
(1) Except as otherwise provided in this section, the proceeds of
the taxes attributable to the lesser of:
(A) the assessed value of the property for the assessment date
with respect to which the allocation and distribution is made;
HEA 1641 — Concur 24
or
(B) the base assessed value;
shall be allocated to and, when collected, paid into the funds of
the respective taxing units.
(2) This subdivision applies to a fire protection territory
established after December 31, 2022. If a unit becomes a
participating unit of a fire protection territory that is established
after a declaratory resolution is adopted under section 15 of this
chapter, the excess of the proceeds of the property taxes
attributable to an increase in the property tax rate for the
participating unit of a fire protection territory:
(A) except as otherwise provided by this subdivision, shall be
determined as follows:
STEP ONE: Divide the unit's tax rate for fire protection for
the year before the establishment of the fire protection
territory by the participating unit's tax rate as part of the fire
protection territory.
STEP TWO: Subtract the STEP ONE amount from one (1).
STEP THREE: Multiply the STEP TWO amount by the
allocated property tax attributable to the participating unit of
the fire protection territory; and
(B) to the extent not otherwise included in subdivisions (1)
and (3), the amount determined under STEP THREE of clause
(A) shall be allocated to and distributed in the form of an
allocated property tax revenue pass back to the participating
unit of the fire protection territory for the assessment date with
respect to which the allocation is made.
However, if the redevelopment commission determines that it is
unable to meet its debt service obligations with regards to the
allocation area without all or part of the allocated property tax
revenue pass back to the participating unit of a fire protection area
under this subdivision, then the allocated property tax revenue
pass back under this subdivision shall be reduced by the amount
necessary for the redevelopment commission to meet its debt
service obligations of the allocation area. The calculation under
this subdivision must be made by the redevelopment commission
in collaboration with the county auditor and the applicable fire
protection territory. Any calculation determined according to
clause (A) must be submitted to the department of local
government finance in the manner prescribed by the department
of local government finance. The department of local government
finance shall verify the accuracy of each calculation.
HEA 1641 — Concur 25
(3) The excess of the proceeds of the property taxes imposed for
the assessment date with respect to which the allocation and
distribution is made that are attributable to taxes imposed after
being approved by the voters in a referendum or local public
question conducted after April 30, 2010, not otherwise included
in subdivisions (1) and (2) shall be allocated to and, when
collected, paid into the funds of the taxing unit for which the
referendum or local public question was conducted.
(4) Except as otherwise provided in this section, property tax
proceeds in excess of those described in subdivisions (1), (2), and
(3) shall be allocated to the redevelopment district and, when
collected, paid into an allocation fund for that allocation area that
may be used by the redevelopment district only to do one (1) or
more of the following:
(A) Pay the principal of and interest on any obligations
payable solely from allocated tax proceeds which are incurred
by the redevelopment district for the purpose of financing or
refinancing the redevelopment of that allocation area.
(B) Establish, augment, or restore the debt service reserve for
bonds payable solely or in part from allocated tax proceeds in
that allocation area.
(C) Pay the principal of and interest on bonds payable from
allocated tax proceeds in that allocation area and from the
special tax levied under section 27 of this chapter.
(D) Pay the principal of and interest on bonds issued by the
unit to pay for local public improvements that are physically
located in or physically connected to that allocation area.
(E) Pay premiums on the redemption before maturity of bonds
payable solely or in part from allocated tax proceeds in that
allocation area.
(F) Make payments on leases payable from allocated tax
proceeds in that allocation area under section 25.2 of this
chapter.
(G) Reimburse the unit for expenditures made by it for local
public improvements (which include buildings, parking
facilities, and other items described in section 25.1(a) of this
chapter) that are physically located in or physically connected
to that allocation area.
(H) Reimburse the unit for rentals paid by it for a building or
parking facility that is physically located in or physically
connected to that allocation area under any lease entered into
under IC 36-1-10.
HEA 1641 — Concur 26
(I) For property taxes first due and payable before January 1,
2009, pay all or a part of a property tax replacement credit to
taxpayers in an allocation area as determined by the
redevelopment commission. This credit equals the amount
determined under the following STEPS for each taxpayer in a
taxing district (as defined in IC 6-1.1-1-20) that contains all or
part of the allocation area:
STEP ONE: Determine that part of the sum of the amounts
under IC 6-1.1-21-2(g)(1)(A), IC 6-1.1-21-2(g)(2),
IC 6-1.1-21-2(g)(3), IC 6-1.1-21-2(g)(4), and
IC 6-1.1-21-2(g)(5) (before their repeal) that is attributable to
the taxing district.
STEP TWO: Divide:
(i) that part of each county's eligible property tax
replacement amount (as defined in IC 6-1.1-21-2 (before its
repeal)) for that year as determined under IC 6-1.1-21-4
(before its repeal) that is attributable to the taxing district;
by
(ii) the STEP ONE sum.
STEP THREE: Multiply:
(i) the STEP TWO quotient; times
(ii) the total amount of the taxpayer's taxes (as defined in
IC 6-1.1-21-2 (before its repeal)) levied in the taxing district
that have been allocated during that year to an allocation
fund under this section.
If not all the taxpayers in an allocation area receive the credit
in full, each taxpayer in the allocation area is entitled to
receive the same proportion of the credit. A taxpayer may not
receive a credit under this section and a credit under section
39.5 of this chapter (before its repeal) in the same year.
(J) Pay expenses incurred by the redevelopment commission
for local public improvements that are in the allocation area or
serving the allocation area. Public improvements include
buildings, parking facilities, and other items described in
section 25.1(a) of this chapter.
(K) Reimburse public and private entities for expenses
incurred in training employees of industrial facilities that are
located:
(i) in the allocation area; and
(ii) on a parcel of real property that has been classified as
industrial property under the rules of the department of local
government finance.
HEA 1641 — Concur 27
However, the total amount of money spent for this purpose in
any year may not exceed the total amount of money in the
allocation fund that is attributable to property taxes paid by the
industrial facilities described in this clause. The
reimbursements under this clause must be made within three
(3) years after the date on which the investments that are the
basis for the increment financing are made.
(L) Pay the costs of carrying out an eligible efficiency project
(as defined in IC 36-9-41-1.5) within the unit that established
the redevelopment commission. However, property tax
proceeds may be used under this clause to pay the costs of
carrying out an eligible efficiency project only if those
property tax proceeds exceed the amount necessary to do the
following:
(i) Make, when due, any payments required under clauses
(A) through (K), including any payments of principal and
interest on bonds and other obligations payable under this
subdivision, any payments of premiums under this
subdivision on the redemption before maturity of bonds, and
any payments on leases payable under this subdivision.
(ii) Make any reimbursements required under this
subdivision.
(iii) Pay any expenses required under this subdivision.
(iv) Establish, augment, or restore any debt service reserve
under this subdivision.
(M) Expend money and provide financial assistance as
authorized in section 12.2(a)(27) of this chapter.
(N) Expend revenues that are allocated for police and fire
services on both capital expenditures and operating expenses
as authorized in section 12.2(a)(28) of this chapter.
The allocation fund may not be used for operating expenses of the
commission.
(5) Except as provided in subsection (g), before June 15 of each
year, the commission shall do the following:
(A) Determine the amount, if any, by which the assessed value
of the taxable property in the allocation area for the most
recent assessment date minus the base assessed value, when
multiplied by the estimated tax rate of the allocation area, will
exceed the amount of assessed value needed to produce the
property taxes necessary to make, when due, principal and
interest payments on bonds described in subdivision (4), plus
the amount necessary for other purposes described in
HEA 1641 — Concur 28
subdivision (4).
(B) Provide a written notice to the county auditor, the fiscal
body of the county or municipality that established the
department of redevelopment, and the officers who are
authorized to fix budgets, tax rates, and tax levies under
IC 6-1.1-17-5 for each of the other taxing units that is wholly
or partly located within the allocation area. The county auditor,
upon receiving the notice, shall forward this notice (in an
electronic format) to the department of local government
finance not later than June 15 of each year. The notice must:
(i) state the amount, if any, of excess assessed value that the
commission has determined may be allocated to the
respective taxing units in the manner prescribed in
subdivision (1); or
(ii) state that the commission has determined that there is no
excess assessed value that may be allocated to the respective
taxing units in the manner prescribed in subdivision (1).
The county auditor shall allocate to the respective taxing units
the amount, if any, of excess assessed value determined by the
commission. The commission may not authorize an allocation
of assessed value to the respective taxing units under this
subdivision if to do so would endanger the interests of the
holders of bonds described in subdivision (4) or lessors under
section 25.3 of this chapter.
(C) If:
(i) the amount of excess assessed value determined by the
commission is expected to generate more than two hundred
percent (200%) of the amount of allocated tax proceeds
necessary to make, when due, principal and interest
payments on bonds described in subdivision (4); plus
(ii) the amount necessary for other purposes described in
subdivision (4);
the commission shall submit to the legislative body of the unit
its determination of the excess assessed value that the
commission proposes to allocate to the respective taxing units
in the manner prescribed in subdivision (1). The legislative
body of the unit may approve the commission's determination
or modify the amount of the excess assessed value that will be
allocated to the respective taxing units in the manner
prescribed in subdivision (1).
(6) Notwithstanding subdivision (5), in the case of an allocation
area that is established after June 30, 2019, and that is located in
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a redevelopment project area described in section 25.1(c)(3)(C)
of this chapter, an economic development area described in
section 25.1(c)(3)(C) of this chapter, or an urban renewal project
area described in section 25.1(c)(3)(C) of this chapter, for each
year the allocation provision is in effect, if the amount of excess
assessed value determined by the commission under subdivision
(5)(A) is expected to generate more than two hundred percent
(200%) of:
(A) the amount of allocated tax proceeds necessary to make,
when due, principal and interest payments on bonds described
in subdivision (4) for the project; plus
(B) the amount necessary for other purposes described in
subdivision (4) for the project;
the amount of the excess assessed value that generates more than
two hundred percent (200%) of the amounts described in clauses
(A) and (B) shall be allocated to the respective taxing units in the
manner prescribed by subdivision (1).
(c) For the purpose of allocating taxes levied by or for any taxing
unit or units, the assessed value of taxable property in a territory in the
allocation area that is annexed by any taxing unit after the effective
date of the allocation provision of the declaratory resolution is the
lesser of:
(1) the assessed value of the property for the assessment date with
respect to which the allocation and distribution is made; or
(2) the base assessed value.
(d) Property tax proceeds allocable to the redevelopment district
under subsection (b)(4) may, subject to subsection (b)(5), be
irrevocably pledged by the redevelopment district for payment as set
forth in subsection (b)(4).
(e) Notwithstanding any other law, each assessor shall, upon
petition of the redevelopment commission, reassess the taxable
property situated upon or in, or added to, the allocation area, effective
on the next assessment date after the petition.
(f) Notwithstanding any other law, the assessed value of all taxable
property in the allocation area, for purposes of tax limitation, property
tax replacement, and formulation of the budget, tax rate, and tax levy
for each political subdivision in which the property is located is the
lesser of:
(1) the assessed value of the property as valued without regard to
this section; or
(2) the base assessed value.
(g) If any part of the allocation area is located in an enterprise zone
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created under IC 5-28-15, the unit that designated the allocation area
shall create funds as specified in this subsection. A unit that has
obligations, bonds, or leases payable from allocated tax proceeds under
subsection (b)(4) shall establish an allocation fund for the purposes
specified in subsection (b)(4) and a special zone fund. Such a unit
shall, until the end of the enterprise zone phase out period, deposit each
year in the special zone fund any amount in the allocation fund derived
from property tax proceeds in excess of those described in subsection
(b)(1), (b)(2), and (b)(3) from property located in the enterprise zone
that exceeds the amount sufficient for the purposes specified in
subsection (b)(4) for the year. The amount sufficient for purposes
specified in subsection (b)(4) for the year shall be determined based on
the pro rata portion of such current property tax proceeds from the part
of the enterprise zone that is within the allocation area as compared to
all such current property tax proceeds derived from the allocation area.
A unit that has no obligations, bonds, or leases payable from allocated
tax proceeds under subsection (b)(4) shall establish a special zone fund
and deposit all the property tax proceeds in excess of those described
in subsection (b)(1), (b)(2), and (b)(3) in the fund derived from
property tax proceeds in excess of those described in subsection (b)(1),
(b)(2), and (b)(3) from property located in the enterprise zone. The unit
that creates the special zone fund shall use the fund (based on the
recommendations of the urban enterprise association) for programs in
job training, job enrichment, and basic skill development that are
designed to benefit residents and employers in the enterprise zone or
other purposes specified in subsection (b)(4), except that where
reference is made in subsection (b)(4) to allocation area it shall refer
for purposes of payments from the special zone fund only to that part
of the allocation area that is also located in the enterprise zone. Those
programs shall reserve at least one-half (1/2) of their enrollment in any
session for residents of the enterprise zone.
(h) The state board of accounts and department of local government
finance shall make the rules and prescribe the forms and procedures
that they consider expedient for the implementation of this chapter.
After each reassessment in an area under a reassessment plan prepared
under IC 6-1.1-4-4.2, the department of local government finance shall
adjust the base assessed value one (1) time to neutralize any effect of
the reassessment of the real property in the area on the property tax
proceeds allocated to the redevelopment district under this section.
After each annual adjustment under IC 6-1.1-4-4.5, the department of
local government finance shall adjust the base assessed value one (1)
time to neutralize any effect of the annual adjustment on the property
HEA 1641 — Concur 31
tax proceeds allocated to the redevelopment district under this section.
However, the adjustments under this subsection:
(1) may not include the effect of phasing in assessed value due to
property tax abatements under IC 6-1.1-12.1;
(2) may not produce less property tax proceeds allocable to the
redevelopment district under subsection (b)(4) than would
otherwise have been received if the reassessment under the
reassessment plan or the annual adjustment had not occurred; and
(3) may decrease base assessed value only to the extent that
assessed values in the allocation area have been decreased due to
annual adjustments or the reassessment under the reassessment
plan.
Assessed value increases attributable to the application of an abatement
schedule under IC 6-1.1-12.1 may not be included in the base assessed
value of an allocation area. The department of local government
finance may prescribe procedures for county and township officials to
follow to assist the department in making the adjustments.
(i) The allocation deadline referred to in subsection (b) is
determined in the following manner:
(1) The initial allocation deadline is December 31, 2011.
(2) Subject to subdivision (3), the initial allocation deadline and
subsequent allocation deadlines are automatically extended in
increments of five (5) years, so that allocation deadlines
subsequent to the initial allocation deadline fall on December 31,
2016, and December 31 of each fifth year thereafter.
(3) At least one (1) year before the date of an allocation deadline
determined under subdivision (2), the general assembly may enact
a law that:
(A) terminates the automatic extension of allocation deadlines
under subdivision (2); and
(B) specifically designates a particular date as the final
allocation deadline.
(j) If a redevelopment commission adopts a declaratory resolution
or an amendment to a declaratory resolution that contains an allocation
provision and the redevelopment commission makes either of the
filings required under section 17(e) of this chapter after the first
anniversary of the effective date of the allocation provision, the auditor
of the county in which the unit is located shall compute the base
assessed value for the allocation area using the assessment date
immediately preceding the later of:
(1) the date on which the documents are filed with the county
auditor; or
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(2) the date on which the documents are filed with the department
of local government finance.
(k) For an allocation area established after June 30, 2025,
"residential property" refers to the assessed value of property that is
allocated to the one percent (1%) homestead land and improvement
categories in the county tax and billing software system. along with the
residential assessed value as defined for purposes of calculating the
rate for the local income tax property tax relief credit designated for
residential property under IC 6-3.6-5-6(d)(3).
SECTION 21. IC 36-7-15.1-35.5, AS AMENDED BY
P.L.126-2023, SECTION 3, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 35.5. (a) The general assembly
finds the following:
(1) Federal law permits the sale of a multiple family housing
project that is or has been covered, in whole or in part, by a
contract for project based assistance from the United States
Department of Housing and Urban Development without
requiring the continuation of that project based assistance.
(2) Such a sale displaces the former residents of a multiple family
housing project described in subdivision (1) and increases the
shortage of safe and affordable housing for persons of low and
moderate income within the county.
(3) The displacement of families and individuals from affordable
housing requires increased expenditures of public funds for crime
prevention, public health and safety, fire and accident prevention,
and other public services and facilities.
(4) The establishment of a supplemental housing program under
this section will do the following:
(A) Benefit the health, safety, morals, and welfare of the
county and the state.
(B) Serve to protect and increase property values in the county
and the state.
(C) Benefit persons of low and moderate income by making
affordable housing available to them.
(5) The establishment of a supplemental housing program under
this section and sections 32 through 35 of this chapter is:
(A) necessary in the public interest; and
(B) a public use and purpose for which public money may be
spent and private property may be acquired.
(b) In addition to its other powers with respect to a housing program
under sections 32 through 35 of this chapter, the commission may
establish a supplemental housing program. Except as provided by this
HEA 1641 — Concur 33
section, the commission has the same powers and duties with respect
to the supplemental housing program that the commission has under
sections 32 through 35 of this chapter with respect to the housing
program.
(c) One (1) allocation area may be established for the supplemental
housing program. The commission is not required to make the findings
required under section 34(5) through 34(7) of this chapter with respect
to the allocation area. However, the commission must find that the
property contained within the boundaries of the allocation area consists
solely of one (1) or more multiple family housing projects that are or
have been covered, in whole or in part, by a contract for project based
assistance from the United States Department of Housing and Urban
Development or have been owned at one time by a public housing
agency. The allocation area need not be contiguous. The definition of
"base assessed value" set forth in section 35(a) of this chapter applies
to the special fund established under section 26(b) of this chapter for
the allocation area.
(d) The special fund established under section 26(b) of this chapter
for the allocation area established under this section may be used only
for the following purposes:
(1) Subject to subdivision (2), on January 1 and July 1 of each
year the balance of the special fund shall be transferred to the
housing trust fund established under subsection (e).
(2) The commission may provide each taxpayer in the allocation
area a credit for property tax replacement in the manner provided
by section 35(b)(7) of this chapter. Transfers made under
subdivision (1) shall be reduced by the amount necessary to
provide the credit.
(e) The commission shall, by resolution, establish a housing trust
fund to be administered, subject to the terms of the resolution, by:
(1) the housing division of the consolidated city; or
(2) the department, division, or agency that has been designated
to perform the public housing function by an ordinance adopted
under IC 36-7-18-1.
(f) The housing trust fund consists of:
(1) amounts transferred to the fund under subsection (d);
(2) payments in lieu of taxes deposited in the fund under
IC 36-3-2-12;
(3) gifts and grants to the fund;
(4) investment income earned on the fund's assets;
(5) money deposited in the fund under IC 36-2-7-10(k)
IC 36-2-7-10(l) or IC 36-2-7-10.7; and
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(6) other funds from sources approved by the commission.
(g) The commission shall, by resolution, establish uses for the
housing trust fund. However, the uses must be limited to:
(1) providing financial assistance to those individuals and
families whose income is at or below eighty percent (80%) of the
county's median income for individuals and families, respectively,
to enable those individuals and families to purchase or lease
residential units within the county;
(2) paying expenses of administering the fund;
(3) making grants, loans, and loan guarantees for the
development, rehabilitation, or financing of affordable housing
for individuals and families whose income is at or below eighty
percent (80%) of the county's median income for individuals and
families, respectively, including the elderly, persons with
disabilities, and homeless individuals and families;
(4) providing technical assistance to nonprofit developers of
affordable housing; and
(5) funding other programs considered appropriate to meet the
affordable housing and community development needs of lower
income families (as defined in IC 5-20-4-5) and very low income
families (as defined in IC 5-20-4-6), including lower income
elderly individuals, individuals with disabilities, and homeless
individuals.
(h) After June 30, 2017, at least forty percent (40%) of the money
deposited in the housing trust fund shall be used for the following
purposes:
(1) To assist existing owner occupants with the repair,
rehabilitation, or reconstruction of their homes.
(2) To finance the acquisition, rehabilitation, or new construction
of homes for home buyers.
(3) To acquire, rehabilitate, or construct rental housing.
(i) At least fifty percent (50%) of the dollars allocated for
production, rehabilitation, or purchase of housing must be used for
units to be occupied by individuals and families whose income is at or
below fifty percent (50%) of the county's area median income for
individuals and families, respectively.
(j) The low income housing trust fund advisory committee is
established. The low income housing trust fund advisory committee
consists of eleven (11) members. The membership of the low income
housing trust fund advisory committee is comprised of:
(1) one (1) member appointed by the mayor, to represent the
interests of low income families;
HEA 1641 — Concur 35
(2) one (1) member appointed by the mayor, to represent the
interests of owners of subsidized, multifamily housing
communities;
(3) one (1) member appointed by the mayor, to represent the
interests of banks and other financial institutions;
(4) one (1) member appointed by the mayor, of the department of
metropolitan development;
(5) three (3) members representing the community at large
appointed by the commission, from nominations submitted to the
commission as a result of a general call for nominations from
neighborhood associations, community based organizations, and
other social services agencies;
(6) one (1) member appointed by and representing the Coalition
for Homeless Intervention and Prevention of Greater Indianapolis;
(7) one (1) member appointed by and representing the Local
Initiatives Support Corporation;
(8) one (1) member appointed by and representing the Indiana
housing and community development authority; and
(9) one (1) member appointed by and representing the
Indianapolis Neighborhood Housing Partnership.
Members of the low income housing trust fund advisory committee
serve for a term of four (4) years, and are eligible for reappointment. If
a vacancy exists on the committee, the appointing authority who
appointed the former member whose position has become vacant shall
appoint an individual to fill the vacancy. A committee member may be
removed at any time by the appointing authority who appointed the
committee member.
(k) The low income housing trust fund advisory committee shall
make recommendations to the commission regarding:
(1) the development of policies and procedures for the uses of the
low income housing trust fund; and
(2) long term sources of capital for the low income housing trust
fund, including:
(A) revenue from:
(i) development ordinances;
(ii) fees; or
(iii) taxes;
(B) financial market based income;
(C) revenue derived from private sources; and
(D) revenue generated from grants, gifts, donations, or income
in any other form, from a:
(i) government program;
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(ii) foundation; or
(iii) corporation.
(l) The county treasurer shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
SECTION 22. An emergency is declared for this act.
HEA 1641 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1641 — Concur