Indiana 2025 Regular Session

Indiana Senate Bill SB0438 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0438.1~~
2		-	~~January 24, 2025~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 438
4	4		_____
5		-	DIGEST OF SB 438 (Updated January 23, 2025 1:55 pm - DI 87)
6		-	Citations Affected: IC 10-17; IC 29-1; IC 36-2; IC 36-7.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 10-17-3; IC 29-1-7-23; IC 36-2;
	7	+	IC 36-7-15.1-35.5.
7	8		Synopsis: County recorder's records perpetuation fund. Provides that
8	9		certain fees collected by the county recorder are deposited in the county
9	10		recorder's records perpetuation fund. Provides that a fee for recording
10	11		a mortgage assumption is the same as the fee for recording a mortgage.
11		-	Removes an expired provision. Makes stylistic changes.
	12	+	Requires an instrument's or document's pages to be numbered to be
	13	+	accepted for recording. Removes an expired provision. Makes stylistic
	14	+	changes.
12	15		Effective: July 1, 2025.
13	16		Bohacek
14	17		January 13, 2025, read first time and referred to Committee on Local Government.
15		-	January 23, 2025, amended, reported favorably — Do Pass.
16		-	SB 438—LS 7269/DI 87 January 24, 2025
	18	+	2025 IN 438—LS 7269/DI 87 Introduced
17	19		First Regular Session of the 124th General Assembly (2025)
18	20		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	21		Constitution) is being amended, the text of the existing provision will appear in this style type,
20	22		additions will appear in this style type, and deletions will appear in this style type.
21	23		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	24		provision adopted), the text of the new provision will appear in this style type. Also, the
23	25		word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	26		a new provision to the Indiana Code or the Indiana Constitution.
25	27		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	28		between statutes enacted by the 2024 Regular Session of the General Assembly.
27	29		SENATE BILL No. 438
28	30		A BILL FOR AN ACT to amend the Indiana Code concerning local
29	31		government.
30	32		Be it enacted by the General Assembly of the State of Indiana:
31	33		1 SECTION 1. IC 10-17-3-2 IS AMENDED TO READ AS
32	34		2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. The state or a
33	35		3 political subdivision county recorder shall provide upon request,
34	36		4 without charge or fee, one (1) certified copy of a document or record
35	37		5 if it is shown that the certified copy is necessary to secure benefits to:
36	38		6 (1) members of the military service;
37	39		7 (2) honorably discharged veterans; or
38	40		8 (3) surviving spouses or dependents of an individual described in
39	41		9 subdivision (1) or (2);
40	42		10 under a federal or state law.
41	43		11 SECTION 2. IC 10-17-3-3, AS AMENDED BY P.L.127-2017,
42	44		12 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
43	45		13 JULY 1, 2025]: Sec. 3. The state or a political subdivision county
44	46		14 recorder may collect a charge per copy of not more than the amount
45	47		15 specified in IC 36-2-7-10(c)(5) if a person requests more than one (1)
46	48		16 certified copy of the a document or record under section 2 of this
47	49		17 chapter. The funds received under this section by the:
48		-	SB 438—LS 7269/DI 87 2
	50	+	2025 IN 438—LS 7269/DI 87 2
49	51		1 (1) state, shall be placed in the state general fund; of the state or
50	52		2 county. and
51	53		3 (2) county recorder, shall be placed in the county recorder's
52	54		4 records perpetuation fund established under IC 36-2-7-10(g).
53	55		5 SECTION 3. IC 29-1-7-23, AS AMENDED BY P.L.26-2022,
54	56		6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
55	57		7 JULY 1, 2025]: Sec. 23. (a) When a person dies, the person's real and
56	58		8 personal property passes to persons to whom it is devised by the
57	59		9 person's last will or, in the absence of such disposition, to the persons
58	60		10 who succeed to the person's estate as the person's heirs; but it shall be
59	61		11 subject to the possession of the personal representative and to the
60	62		12 election of the surviving spouse and shall be chargeable with the
61	63		13 expenses of administering the estate, the payment of other claims and
62	64		14 the allowances under IC 29-1-4-1, except as otherwise provided in
63	65		15 IC 29-1.
64	66		16 (b) A person may sign and record an affidavit to establish prima
65	67		17 facie evidence of the passage of real estate title to distributees under
66	68		18 this section. An affidavit under this section may contain the following
67	69		19 information:
68	70		20 (1) The decedent's name and date of death.
69	71		21 (2) A statement of the affiant's relationship to the decedent.
70	72		22 (3) A description of how the following deeds or other instruments
71	73		23 vested in the decedent an ownership or leasehold interest in real
72	74		24 property, with a cross-reference if applicable, under
73	75		25 IC 36-2-7-10(l) IC 36-2-7-10(m) to each deed or other
74	76		26 instrument:
75	77		27 (A) Deeds or other instruments recorded in the office of the
76	78		28 recorder where the real property is located.
77	79		29 (B) Deeds or other instruments that disclose a title transaction
78	80		30 (as defined in IC 32-20-2-7).
79	81		31 (4) The legal description of the conveyed real property as it
80	82		32 appears in instruments described in subdivision (3).
81	83		33 (5) The names of all distributees known to the affiant.
82	84		34 (6) An explanation of how each interest in the real property
83	85		35 passed upon the decedent's death to each distributee by:
84	86		36 (A) intestate succession under IC 29-1-2-1; or
85	87		37 (B) the decedent's last will and testament that has been
86	88		38 admitted to probate under section 13 of this chapter, with
87	89		39 references to:
88	90		40 (i) the name and location of the court that issued the order
89	91		41 admitting the will to probate; and
90	92		42 (ii) the date when the court admitted the decedent's will to
91		-	SB 438—LS 7269/DI 87 3
	93	+	2025 IN 438—LS 7269/DI 87 3
92	94		1 probate.
93	95		2 (7) An explanation of how any fractional interests in the real
94	96		3 property that may have passed to multiple distributees were
95	97		4 calculated and apportioned.
96	98		5 (c) Upon presentation of an affidavit described in subsection (b), the
97	99		6 auditor of the county where the real property described in the affidavit
98	100		7 is located must endorse the affidavit as an instrument that is exempt
99	101		8 from the requirements to file a sales disclosure form and must enter the
100	102		9 names of the distributees shown on the affidavit on the tax duplicate on
101	103		10 which the real property is transferred, assessed, and taxed under
102	104		11 IC 6-1.1-5-7. After December 31, 2023, an auditor may not refuse to
103	105		12 endorse an affidavit because the affidavit is an electronic document.
104	106		13 (d) Upon presentation of an affidavit described in subsection (b), the
105	107		14 recorder of the county where the real property described in the affidavit
106	108		15 is located must:
107	109		16 (1) record the affidavit; and
108	110		17 (2) index the affidavit as the most recent instrument responsible
109	111		18 for the transfer of the real property described in subsection (b)(4).
110	112		19 (e) Any person may rely upon an affidavit recorded with the county
111	113		20 recorder:
112	114		21 (1) made in good faith; and
113	115		22 (2) under this section;
114	116		23 as prima facie evidence of an effective transfer of the decedent's title
115	117		24 to the real property interest under subsection (a) to the distributee
116	118		25 described in the affidavit.
117	119		26 (f) If:
118	120		27 (1) at least seven (7) months have elapsed since the decedent's
119	121		28 death;
120	122		29 (2) the clerk of the court described in subsection (b)(6)(B) has not
121	123		30 issued letters testamentary or letters of administration to the court
122	124		31 appointed personal representative for the decedent within the time
123	125		32 limits specified under section 15.1(d) of this chapter; and
124	126		33 (3) the court described in subsection (b)(6)(B) has not issued
125	127		34 findings and an accompanying order preventing the limitations in
126	128		35 section 15.1(b) of this chapter from applying to the decedent's real
127	129		36 property;
128	130		37 any person may rely upon the affidavit described in subsection (e) as
129	131		38 evidence that the real property may not be sold by an executor or
130	132		39 administrator of the decedent's estate to pay a debt or obligation of the
131	133		40 decedent, which is not a lien of record in the county in which the real
132	134		41 property is located, or to pay any costs of administration of the
133	135		42 decedent's estate.
134		-	SB 438—LS 7269/DI 87 4
	136	+	2025 IN 438—LS 7269/DI 87 4
135	137		1 SECTION 4. IC 36-2-7-10, AS AMENDED BY P.L.96-2023,
136	138		2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
137	139		3 JULY 1, 2025]: Sec. 10. (a) The following definitions apply to this
138	140		4 section:
139	141		5 (1) "Copy" means:
140	142		6 (A) transcribing or duplicating a document by handwriting,
141	143		7 photocopy, xerography, or duplicating machine;
142	144		8 (B) duplicating electronically stored data onto a disk, tape,
143	145		9 drum, or any other means of electronic data storage; or
144	146		10 (C) reproducing a document by any other means.
145	147		11 (2) "Mortgage" means a transfer of rights to real property, in a
146	148		12 form substantially similar to that set forth in IC 32-29-1-5, with or
147	149		13 without warranty from the grantor. The term does not include:
148	150		14 (A) a mortgage modification;
149	151		15 (B) a mortgage assignment; or
150	152		16 (C) a mortgage release; or
151	153		17 (D) a mortgage assumption.
152	154		18 (3) "Multiple transaction document" means a document
153	155		19 containing two (2) or more transactions of the same type.
154	156		20 (4) "Record" or "recording" means the act of placing a document
155	157		21 into the official records of the county recorder and includes the
156	158		22 functions of filing and filing for record.
157	159		23 (b) The county recorder shall charge and collect the fees prescribed
158	160		24 by this section for recording, filing, copying, and other services the
159	161		25 recorder renders, and shall pay them into the county treasury at the end
160	162		26 of each calendar month. The fees prescribed and collected under this
161	163		27 section supersede all other recording fees required by law to be charged
162	164		28 for services rendered by the county recorder.
163	165		29 (c) The county recorder shall charge the following:
164	166		30 (1) Twenty-five dollars ($25) for recording any deed or other
165	167		31 instrument, other than a mortgage.
166	168		32 (2) Fifty-five dollars ($55) for recording any mortgage.
167	169		33 (3) For pages larger than eight and one-half (8 1/2) inches by
168	170		34 fourteen (14) inches twenty-five dollars ($25) for the first page
169	171		35 and five dollars ($5) for each additional page of any document the
170	172		36 recorder records, if the pages are larger than eight and one-half (8
171	173		37 1/2) inches by fourteen (14) inches.
172	174		38 (4) If the county recorder has elected to attest to the release,
173	175		39 partial release, or assignment of any mortgage, judgment, lien, or
174	176		40 oil and gas lease contained on a multiple transaction document,
175	177		41 the fee for each transaction after the first is seven dollars ($7) plus
176	178		42 the amount provided in subdivision (1).
177		-	SB 438—LS 7269/DI 87 5
	179	+	2025 IN 438—LS 7269/DI 87 5
178	180		1 (5) For furnishing copies of records, the fee for each copy is:
179	181		2 (A) one dollar ($1) per page that is not larger than eleven (11)
180	182		3 inches by seventeen (17) inches; and
181	183		4 (B) five dollars ($5) per page that is larger than eleven (11)
182	184		5 inches by seventeen (17) inches.
183	185		6 (6) Five dollars ($5) for acknowledging or certifying to a
184	186		7 document.
185	187		8 (7) A fee in an amount authorized by an ordinance adopted by the
186	188		9 county legislative body for duplicating a computer tape, a
187	189		10 computer disk, an optical disk, microfilm, or similar media. This
188	190		11 fee may not cover making a handwritten copy or a photocopy or
189	191		12 using xerography or a duplicating machine.
190	192		13 (8) Twenty-five dollars ($25) per parcel for recording the release
191	193		14 of a lien or liens of a political subdivision for a property sold or
192	194		15 transferred under IC 6-1.1-24-6.1 or IC 36-1-11, regardless of the
193	195		16 number of liens held by the political subdivision. This fee applies
194	196		17 to each political subdivision with a lien or liens on a parcel. In
195	197		18 addition to the fee under this subdivision, if a county fiscal body
196	198		19 adopts a fee under section 10.7 of this chapter, the county
197	199		20 recorder may charge the fee under section 10.7 of this chapter for
198	200		21 each document recorded by a political subdivision under this
199	201		22 subdivision.
200	202		23 (9) This subdivision applies in a county only if at least one (1)
201	203		24 unit in the county has established an affordable housing fund
202	204		25 under IC 5-20-5-15.5 and the county fiscal body adopts an
203	205		26 ordinance authorizing the fee described in this subdivision. An
204	206		27 ordinance adopted under this subdivision may authorize the
205	207		28 county recorder to charge a fee of ten dollars ($10) for each
206	208		29 document the recorder records.
207	209		30 (10) This subdivision applies in a county containing a
208	210		31 consolidated city that has established a housing trust fund under
209	211		32 IC 36-7-15.1-35.5(e). This subdivision does not apply if the
210	212		33 county fiscal body adopts a fee under section 10.7 of this chapter.
211	213		34 The county fiscal body may adopt an ordinance authorizing the
212	214		35 fee described in this subdivision. An ordinance adopted under this
213	215		36 subdivision may authorize the county recorder to charge a fee of:
214	216		37 (A) two dollars and fifty cents ($2.50) for the first page; and
215	217		38 (B) one dollar ($1) for each additional page;
216	218		39 of each document the recorder records.
217	219		40 (d) This subsection does not apply in a county containing a
218	220		41 consolidated city. Section 10.5 of this chapter applies to the deposit of
219	221		42 fees collected under subsection (c)(1) and (c)(8) in a county containing
220		-	SB 438—LS 7269/DI 87 6
	222	+	2025 IN 438—LS 7269/DI 87 6
221	223		1 a consolidated city. The county recorder shall deposit the fees collected
222	224		2 under subsection (c)(1) and (c)(8) as follows:
223	225		3 (1) Eight dollars ($8) in the county general fund.
224	226		4 (2) Five dollars ($5) in the county surveyor's corner perpetuation
225	227		5 fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
226	228		6 (3) Ten dollars ($10) in the county recorder's records perpetuation
227	229		7 fund established under subsection (f). (g).
228	230		8 (4) One dollar ($1) in the county identification security protection
229	231		9 fund established under IC 36-2-7.5-11.
230	232		10 (5) One dollar ($1) in the county elected officials training fund
231	233		11 under IC 36-2-7-19.
232	234		12 (e) This subsection does not apply in a county containing a
233	235		13 consolidated city. Section 10.5 of this chapter applies to the deposit of
234	236		14 fees collected under subsection (c)(2) in a county containing a
235	237		15 consolidated city. The county recorder shall deposit the fees collected
236	238		16 under subsection (c)(2) as follows:
237	239		17 (1) Thirty-four dollars ($34) in the county general fund.
238	240		18 (2) Five dollars ($5) in the county surveyor's corner perpetuation
239	241		19 fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
240	242		20 (3) Eleven dollars and fifty cents ($11.50) in the county recorder's
241	243		21 records perpetuation fund established under subsection (f). (g).
242	244		22 (4) Two dollars and fifty cents ($2.50) with the county treasurer
243	245		23 to be distributed in accordance with IC 24-9-9-3 and IC 24-9-9-4.
244	246		24 (5) One dollar ($1) in the county identification security protection
245	247		25 fund established under IC 36-2-7.5-11.
246	248		26 (6) One dollar ($1) in the county elected officials training fund
247	249		27 under IC 36-2-7-19.
248	250		28 (f) This subsection applies to all counties. A county recorder
249	251		29 shall deposit fees collected under subsection (c)(3), (c)(4), (c)(5),
250	252		30 (c)(6), and (c)(7) in the county recorder's records perpetuation
251	253		31 fund established under subsection (g).
252	254		32 (f) (g) The county treasurer shall establish a county recorder's
253	255		33 records perpetuation fund. The fund consists of all fees collected under
254	256		34 this section for deposit in the fund and amounts transferred to the fund
255	257		35 from the county identification security protection fund under
256	258		36 IC 36-2-7.5-11, and the county elected officials training fund under
257	259		37 section 19(e)(4) of this chapter. Except as provided in section 10.2 of
258	260		38 this chapter, the county recorder may use any money in this fund
259	261		39 without appropriation for:
260	262		40 (1) the preservation of records; and
261	263		41 (2) the improvement of record keeping systems and equipment;
262	264		42 within the control of the county recorder. Money from the fund may not
263		-	SB 438—LS 7269/DI 87 7
	265	+	2025 IN 438—LS 7269/DI 87 7
264	266		1 be deposited or transferred into the county general fund and does not
265	267		2 revert to the county general fund at the end of a fiscal year.
266	268		3 (g) (h) The county recorder shall post the fees set forth in subsection
267	269		4 (c) in a prominent place within the county recorder's office where the
268	270		5 fee schedule will be readily accessible to the public.
269	271		6 (h) (i) The county recorder may not charge or collect any fee for:
270	272		7 (1) recording an official bond of a public officer, a deputy, an
271	273		8 appointee, or an employee; or
272	274		9 (2) performing any service under any of the following:
273	275		10 (A) IC 6-1.1-22-2(c).
274	276		11 (B) IC 8-23-7.
275	277		12 (C) IC 8-23-23.
276	278		13 (D) IC 10-17-2-3.
277	279		14 (E) IC 10-17-3-2.
278	280		15 (F) IC 12-14-13.
279	281		16 (G) IC 12-14-16.
280	282		17 (i) (j) The state and its agencies and instrumentalities are required
281	283		18 to pay the recording fees and charges that this section prescribes.
282	284		19 (j) (k) This subsection applies to a county other than a county
283	285		20 containing a consolidated city. The county treasurer shall distribute
284	286		21 money collected by the county recorder under subsection (c)(9) as
285	287		22 follows:
286	288		23 (1) Sixty percent (60%) of the money collected by the county
287	289		24 recorder under subsection (c)(9) shall be distributed to the units
288	290		25 in the county that have established an affordable housing fund
289	291		26 under IC 5-20-5-15.5 for deposit in the fund. The amount to be
290	292		27 distributed to a unit is the amount available for distribution
291	293		28 multiplied by a fraction. The numerator of the fraction is the
292	294		29 population of the unit. The denominator of the fraction is the
293	295		30 population of all units in the county that have established an
294	296		31 affordable housing fund. The population to be used for a county
295	297		32 that establishes an affordable housing fund is the population of
296	298		33 the county outside any city or town that has established an
297	299		34 affordable housing fund.
298	300		35 (2) Forty percent (40%) of the money collected by the county
299	301		36 recorder under subsection (c)(9) shall be distributed to the
300	302		37 treasurer of state for deposit in the affordable housing and
301	303		38 community development fund established under IC 5-20-4-7 for
302	304		39 the purposes of the fund.
303	305		40 Money shall be distributed under this subsection before the sixteenth
304	306		41 day of the month following the month in which the money is collected
305	307		42 from the county recorder.
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	308	+	2025 IN 438—LS 7269/DI 87 8
307	309		1 (k) (l) This subsection applies to a county described in subsection
308	310		2 (c)(10). The county treasurer shall distribute money collected by the
309	311		3 county recorder under subsection (c)(10) as follows:
310	312		4 (1) Sixty percent (60%) of the money collected by the county
311	313		5 recorder under subsection (c)(10) shall be deposited in the
312	314		6 housing trust fund established under IC 36-7-15.1-35.5(e) for the
313	315		7 purposes of the fund.
314	316		8 (2) Forty percent (40%) of the money collected by the county
315	317		9 recorder under subsection (c)(10) shall be distributed to the
316	318		10 treasurer of state for deposit in the affordable housing and
317	319		11 community development fund established under IC 5-20-4-7 for
318	320		12 the purposes of the fund.
319	321		13 Money shall be distributed under this subsection before the sixteenth
320	322		14 day of the month following the month in which the money is collected
321	323		15 from the county recorder.
322	324		16 (l) (m) The county recorder may also include a cross-reference or
323	325		17 multiple cross-references identified in a document for recording under
324	326		18 this section. For cross-references not otherwise required by statute or
325	327		19 county ordinance, the person submitting the document for recording
326	328		20 shall clearly identify on the front page of the instrument the specific
327	329		21 cross-reference or cross-references to be included with the recorded
328	330		22 documents.
329	331		23 SECTION 5. IC 36-2-7-10.1, AS AMENDED BY P.L.86-2018,
330	332		24 SECTION 338, IS AMENDED TO READ AS FOLLOWS
331	333		25 [EFFECTIVE JULY 1, 2025]: Sec. 10.1. (a) The following definitions
332	334		26 apply throughout this section:
333	335		27 (1) "Bulk form copy" means an aggregation of:
334	336		28 (A) copies of all recorded documents received by the county
335	337		29 recorder for recording in a calendar day, week, month, or year;
336	338		30 (B) the indices for finding, retrieving, and viewing all recorded
337	339		31 documents received by the county recorder for recording in a
338	340		32 calendar day, week, month, or year; or
339	341		33 (C) the items under both clauses (A) and (B).
340	342		34 (2) "Bulk user" means an individual, a corporation, a partnership,
341	343		35 a limited liability company, or an unincorporated association that
342	344		36 receives bulk form copies under a contract with the county
343	345		37 recorder.
344	346		38 (3) "Copy" means a reproduction, including an image of a
345	347		39 recorded document or indices created by:
346	348		40 (A) duplicating electronically stored data onto a disk, tape,
347	349		41 drum, or any other medium of electronic data storage; or
348	350		42 (B) reproducing on microfilm.
349		-	SB 438—LS 7269/DI 87 9
	351	+	2025 IN 438—LS 7269/DI 87 9
350	352		1 (4) "Indices" means all of the indexing information used by the
351	353		2 county recorder for finding, retrieving, and viewing a recorded
352	354		3 document.
353	355		4 (5) "Recorded document" means a writing, a paper, a document,
354	356		5 a plat, a map, a survey, or anything else received at any time for
355	357		6 recording or filing in the public records maintained by the county
356	358		7 recorder or the county recorder's designee.
357	359		8 (b) A county executive shall establish by ordinance the manner and
358	360		9 form in which the county recorder may provide bulk form copies to
359	361		10 bulk users. The ordinance must establish whether the county recorder
360	362		11 may provide bulk form copies to a bulk user:
361	363		12 (1) on a disk, tape, drum, or any other medium of electronic data
362	364		13 storage or microfilm;
363	365		14 (2) by electronically transmitting the copies using an electronic
364	366		15 transfer process; or
365	367		16 (3) under both subdivisions (1) and (2).
366	368		17 (c) A bulk user must submit a written request to the county recorder
367	369		18 that identifies the requested bulk form copies with reasonable
368	370		19 particularity. Unless the request is refused under subsection (j), upon
369	371		20 receipt of a valid written request the county recorder or the county
370	372		21 recorder's designee shall provide the bulk form copies to the bulk user
371	373		22 by the method or methods established by ordinance. The bulk form
372	374		23 copies shall be provided within a reasonable time after the later of the
373	375		24 following events:
374	376		25 (1) The recorder's archival process is completed and bulk form
375	377		26 copies become available in the county recorder's office.
376	378		27 (2) The bulk form user executes a contract that meets the
377	379		28 requirements of subsection (g) with:
378	380		29 (A) the county recorder; and
379	381		30 (B) if the county recorder uses a third party to provide bulk
380	382		31 copy services, the county recorder's designee.
381	383		32 The county recorder or the county recorder's designee shall work with
382	384		33 reasonable diligence to ensure that bulk form copies are timely
383	385		34 produced to the bulk user.
384	386		35 (d) The county recorder shall charge a fee for producing bulk form
385	387		36 copies. Except as provided in subsection (e), the amount of the fee shall
386	388		37 be as follows:
387	389		38 (1) Ten cents ($0.10) per page for a copy of a recorded document,
388	390		39 including the instrument's book and page, if applicable.
389	391		40 (2) Ten cents ($0.10) per recorded document for a copy of the
390	392		41 indices used by the county recorder for finding, retrieving, and
391	393		42 viewing a recorded document.
392		-	SB 438—LS 7269/DI 87 10
	394	+	2025 IN 438—LS 7269/DI 87 10
393	395		1 (e) If the county executive makes a finding and determination that
394	396		2 the costs incurred by the county recorder of producing bulk form
395	397		3 copies, including applying a watermark or other protective feature,
396	398		4 exceed the amount of the fee under subsection (d), the county executive
397	399		5 may adopt an ordinance that establishes a greater fee in an amount not
398	400		6 to exceed the following:
399	401		7 (1) Twenty cents ($0.20) per page for a copy of a recorded
400	402		8 document, including the instrument's book and page, if
401	403		9 applicable.
402	404		10 (2) Twenty cents ($0.20) per recorded document for a copy of the
403	405		11 indices used by the county recorder for finding, retrieving, and
404	406		12 viewing a recorded document.
405	407		13 If the county executive adopts an ordinance under this subsection, the
406	408		14 county recorder shall charge the fee in the amount set by the ordinance,
407	409		15 instead of the amount set forth in subsection (d).
408	410		16 (f) The fees charged by the county recorder are subject to the
409	411		17 following requirements:
410	412		18 (1) The county recorder shall pay the fees into the county treasury
411	413		19 at the end of each calendar month.
412	414		20 (2) The fees prescribed and collected under this section supersede
413	415		21 all other fees for bulk form copies required by law to be charged
414	416		22 for services rendered by the county recorder to bulk users.
415	417		23 (3) All revenue generated by the county recorder under this
416	418		24 section shall be deposited in the county recorder's records
417	419		25 perpetuation fund and used by the recorder in accordance with
418	420		26 section 10(f) 10(g) of this chapter.
419	421		27 (g) A bulk user must enter into a contract with the county recorder
420	422		28 and if the county recorder uses a third party to provide bulk copy
421	423		29 services, the county recorder's designee, in order to receive bulk form
422	424		30 copies. The contract must be in writing and must require that the bulk
423	425		31 user agree not to do any of the following:
424	426		32 (1) Except as provided in subsection (h), provide, transfer, or
425	427		33 allow the transfer of any copy of a recorded document obtained by
426	428		34 the bulk user under this section to a third party.
427	429		35 (2) Engage in unauthorized access to recorded documents.
428	430		36 (3) Engage in unauthorized alteration of recorded documents.
429	431		37 A contract required under this subsection may not include any
430	432		38 restrictions on a bulk form user's use of the bulk form copies other than
431	433		39 those contained in this section.
432	434		40 (h) A bulk user that is licensed under IC 27-1-15.6-6(d) or holds a
433	435		41 certificate of authority under IC 27-7-3-6 may provide bulk form copies
434	436		42 related to the specific order for a title search (as defined in IC 27-7-3-2)
435		-	SB 438—LS 7269/DI 87 11
	437	+	2025 IN 438—LS 7269/DI 87 11
436	438		1 when operating as:
437	439		2 (1) a title plant for the issuance of title insurance (as defined in
438	440		3 IC 27-7-3-2); or
439	441		4 (2) title company (as defined in IC 27-7-3-2).
440	442		5 A bulk user that meets the requirements of this subsection may charge
441	443		6 its customers a fee for using the bulk form copies obtained by the bulk
442	444		7 user that may not exceed the costs incurred by the bulk user for
443	445		8 obtaining the bulk form copies. A bulk user that meets the requirements
444	446		9 of this subsection may not resell, provide, transfer, or allow the transfer
445	447		10 of any copy of a recorded document, whether in bulk form or as
446	448		11 individual copies or images, to any other bulk user or title plant.
447	449		12 (i) A bulk user that does not meet the requirements of subsection (h)
448	450		13 is prohibited from selling, offering for sale, advertising for sale,
449	451		14 soliciting a purchase of, loaning, giving away, allowing subscription
450	452		15 service to, or otherwise transferring, providing, or allowing the transfer
451	453		16 of bulk form copies for commercial purposes to a third party, whether
452	454		17 the copies are in bulk form or individual copies or images.
453	455		18 (j) If a bulk user does not comply with a contract, the county
454	456		19 recorder may terminate the contract, immediately stop providing bulk
455	457		20 form copies to the bulk user, and refuse to provide the bulk form copies
456	458		21 requested by the bulk user if all termination provisions and procedures
457	459		22 in the contract have been met by the county recorder. The county
458	460		23 recorder may refuse subsequent requests from a bulk user for bulk form
459	461		24 copies in the following circumstances:
460	462		25 (1) The bulk user is a person that has had a previous bulk form
461	463		26 copy contract terminated by the county recorder because the
462	464		27 recorder determined that the bulk user failed to comply with the
463	465		28 contract.
464	466		29 (2) The bulk user is a corporation or limited liability company in
465	467		30 which a person has a majority or controlling interest and:
466	468		31 (A) the person requested bulk form copies under a previous
467	469		32 contract with the county recorder; and
468	470		33 (B) the contract was terminated by the county recorder
469	471		34 because the county recorder determined that the person failed
470	472		35 to comply with the contract.
471	473		36 (k) This section does not apply to enhanced access under
472	474		37 IC 5-14-3-3.
473	475		38 SECTION 6. IC 36-2-7-10.2, AS AMENDED BY P.L.127-2017,
474	476		39 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
475	477		40 JULY 1, 2025]: Sec. 10.2. (a) As used in this section, "fund" refers to
476	478		41 the county recorder's records perpetuation fund established under
477	479		42 section 10(f) 10(g) of this chapter.
478		-	SB 438—LS 7269/DI 87 12
	480	+	2025 IN 438—LS 7269/DI 87 12
479	481		1 (b) A county recorder may pay all or a portion of the expenses of the
480	482		2 county recorder's office for the following calendar year from the fund
481	483		3 only if:
482	484		4 (1) the county recorder submits to the county fiscal body a sworn
483	485		5 statement that:
484	486		6 (A) the current revenue to the fund is sufficient to fulfill the
485	487		7 statutory purpose of the fund;
486	488		8 (B) the technology of the county recorder's office is presently
487	489		9 updated and at a level to sufficiently meet the statutory
488	490		10 purposes of the fund and the county recorder's office;
489	491		11 (C) the fund has a sufficient reserve, consistent with the
490	492		12 recorder's plan, to capitalize the next technology or other
491	493		13 records management upgrade necessary to fulfill the statutory
492	494		14 purpose of the fund and the county recorder's office; and
493	495		15 (D) the county recorder specifically requests that all or a
494	496		16 specific, identifiable portion of the fund be used to pay the
495	497		17 expenses of the county recorder's office for the following
496	498		18 calendar year; and
497	499		19 (2) the county fiscal body adopts an ordinance approving the
498	500		20 recorder's request under subsection (c).
499	501		21 (c) Upon receiving the county recorder's sworn statement, the
500	502		22 county fiscal body may adopt an ordinance approving the county
501	503		23 recorder's request. If the ordinance is adopted, the county fiscal body
502	504		24 shall, if specifically requested by the recorder for the following
503	505		25 calendar year, approve sufficient money from the fund. The county
504	506		26 fiscal body may not approve any more money from the fund for any
505	507		27 purpose in excess of that requested by the county recorder.
506	508		28 (d) A county recorder's request and the county fiscal body's approval
507	509		29 are valid for only the following calendar year. The requirements of this
508	510		30 section must be met for each calendar year.
509	511		31 SECTION 7. IC 36-2-7-10.5, AS AMENDED BY P.L.19-2021,
510	512		32 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
511	513		33 JULY 1, 2025]: Sec. 10.5. (a) This section applies only in a county
512	514		34 containing a consolidated city.
513	515		35 (b) The county recorder shall deposit the fees collected under
514	516		36 section 10(c)(1) and 10(c)(8) of this chapter as follows:
515	517		37 (1) Nine dollars ($9) in the county general fund.
516	518		38 (2) Five dollars ($5) in the county surveyor's corner perpetuation
517	519		39 fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
518	520		40 (3) Ten dollars ($10) in the county recorder's records perpetuation
519	521		41 fund established under section 10(f) 10(g) of this chapter.
520	522		42 (4) Fifty cents ($0.50) in the county identification security
521		-	SB 438—LS 7269/DI 87 13
	523	+	2025 IN 438—LS 7269/DI 87 13
522	524		1 protection fund established under IC 36-2-7.5-11.
523	525		2 (5) Fifty cents ($0.50) in the county elected officials training fund
524	526		3 under IC 36-2-7-19.
525	527		4 (c) The county recorder shall deposit the fees collected under
526	528		5 section 10(c)(2) of this chapter as follows:
527	529		6 (1) Thirty-five dollars ($35) in the county general fund.
528	530		7 (2) Five dollars ($5) in the county surveyor's corner perpetuation
529	531		8 fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
530	532		9 (3) Eleven dollars and fifty cents ($11.50) in the county recorder's
531	533		10 records perpetuation fund established under section 10(f) 10(g) of
532	534		11 this chapter.
533	535		12 (4) Two dollars and fifty cents ($2.50) with the county treasurer
534	536		13 to be distributed in accordance with IC 24-9-9-3 and IC 24-9-9-4.
535	537		14 (5) Fifty cents ($0.50) in the county identification security
536	538		15 protection fund established under IC 36-2-7.5-11.
537	539		16 (6) Fifty cents ($0.50) in the county elected officials training fund
538	540		17 under IC 36-2-7-19.
539	541		18 SECTION 8. IC 36-2-7-10.7, AS AMENDED BY P.L.19-2021,
540	542		19 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
541	543		20 JULY 1, 2025]: Sec. 10.7. (a) This section applies in a county
542	544		21 containing a consolidated city that has established a housing trust fund
543	545		22 under IC 36-7-15.1-35.5(e).
544	546		23 (b) The county fiscal body may adopt an ordinance authorizing the
545	547		24 county recorder to charge a fee of ten dollars ($10) for each document
546	548		25 the recorder records.
547	549		26 (c) If the county fiscal body adopts an ordinance under this section,
548	550		27 the following do not apply:
549	551		28 (1) Section 10(c)(10) of this chapter.
550	552		29 (2) Section 10(k) 10(l) of this chapter.
551	553		30 (d) All money collected by the county recorder under this section
552	554		31 shall be deposited in the housing trust fund established under
553	555		32 IC 36-7-15.1-35.5(e) for the purposes of the fund.
554	556		33 SECTION 9. IC 36-2-7-19, AS AMENDED BY P.L.96-2023,
555	557		34 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
556	558		35 JULY 1, 2025]: Sec. 19. (a) As used in this section, "fund" refers to a
557	559		36 county elected officials training fund established under subsection (b).
558	560		37 (b) Each county legislative body shall establish a county elected
559	561		38 officials training fund to supplement appropriations that may come
560	562		39 from the county general fund to provide training of elected officials.
561	563		40 The county fiscal body shall appropriate money from the fund.
562	564		41 (c) The fund consists of money deposited under IC 36-2-7.5-6(b)(2)
563	565		42 and any other sources required or permitted by law. Money in the fund
564		-	SB 438—LS 7269/DI 87 14
	566	+	2025 IN 438—LS 7269/DI 87 14
565	567		1 does not revert to the county general fund.
566	568		2 (d) Except as provided in subsection (e)(3), and (e)(4), money in the
567	569		3 fund shall be used solely to provide training of:
568	570		4 (1) county elected officials; and
569	571		5 (2) individuals first elected to a county office;
570	572		6 required by IC 33-32-2-9, IC 36-2-9-2.5, IC 36-2-9.5-2.5,
571	573		7 IC 36-2-10-2.5, IC 36-2-11-2.5, and IC 36-2-12-2.5.
572	574		8 (e) Except as provided in IC 5-11-14-1, money in the fund may be
573	575		9 used to provide any of the following:
574	576		10 (1) Travel, lodging, and related expenses associated with any
575	577		11 training paid for from the fund.
576	578		12 (2) Training of one (1) or more designees of a county elected
577	579		13 official if sufficient funds are appropriated by the county fiscal
578	580		14 body.
579	581		15 (3) Upon determination by a county fiscal body that money in the
580	582		16 fund exceeds the amount necessary to fund the expenses specified
581	583		17 under subsection (d)(1) and (d)(2), money in the fund may be
582	584		18 used for the training (and related travel and lodging expenses) of
583	585		19 county council members provided:
584	586		20 (A) under IC 5-11-14-1; or
585	587		21 (B) by the Association of Indiana Counties.
586	588		22 (4) Upon determination by a county fiscal body that money in the
587	589		23 fund exceeds the amount necessary to fund the expenses specified
588	590		24 under subdivisions (1) and (2), the county auditor may, not later
589	591		25 than December 31, 2023, transfer the excess money to the county
590	592		26 recorder's records perpetuation fund established under section
591	593		27 10(f) of this chapter. This subdivision expires January 1, 2024.
592	594		28 SECTION 10. IC 36-2-7.5-11, AS AMENDED BY P.L.127-2017,
593	595		29 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
594	596		30 JULY 1, 2025]: Sec. 11. (a) As used in this section, "fund" refers to a
595	597		31 county identification security protection fund established under
596	598		32 subsection (b).
597	599		33 (b) Each county legislative body shall establish an identification
598	600		34 security protection fund to be administered by the county recorder. The
599	601		35 county fiscal body shall appropriate money from the fund.
600	602		36 (c) A fund consists of money deposited in the fund under section
601	603		37 6(b) of this chapter. Money in a fund does not revert to the county
602	604		38 general fund. Money in a fund may be transferred to the county
603	605		39 recorder's records perpetuation fund for the uses set forth in
604	606		40 IC 36-2-7-10(f). IC 36-2-7-10(g).
605	607		41 (d) A county recorder may use money in the fund only to purchase,
606	608		42 upgrade, implement, or maintain redacting technology, or to secure
607		-	SB 438—LS 7269/DI 87 15
	609	+	2025 IN 438—LS 7269/DI 87 15
608	610		1 protection measures used in the office of the county recorder.
609		-	2 SECTION 11. IC 36-7-15.1-35.5, AS AMENDED BY
610		-	3 P.L.126-2023, SECTION 3, IS AMENDED TO READ AS FOLLOWS
611		-	4 [EFFECTIVE JULY 1, 2025]: Sec. 35.5. (a) The general assembly
612		-	5 finds the following:
613		-	6 (1) Federal law permits the sale of a multiple family housing
614		-	7 project that is or has been covered, in whole or in part, by a
615		-	8 contract for project based assistance from the United States
616		-	9 Department of Housing and Urban Development without
617		-	10 requiring the continuation of that project based assistance.
618		-	11 (2) Such a sale displaces the former residents of a multiple family
619		-	12 housing project described in subdivision (1) and increases the
620		-	13 shortage of safe and affordable housing for persons of low and
621		-	14 moderate income within the county.
622		-	15 (3) The displacement of families and individuals from affordable
623		-	16 housing requires increased expenditures of public funds for crime
624		-	17 prevention, public health and safety, fire and accident prevention,
625		-	18 and other public services and facilities.
626		-	19 (4) The establishment of a supplemental housing program under
627		-	20 this section will do the following:
628		-	21 (A) Benefit the health, safety, morals, and welfare of the
629		-	22 county and the state.
630		-	23 (B) Serve to protect and increase property values in the county
631		-	24 and the state.
632		-	25 (C) Benefit persons of low and moderate income by making
633		-	26 affordable housing available to them.
634		-	27 (5) The establishment of a supplemental housing program under
635		-	28 this section and sections 32 through 35 of this chapter is:
636		-	29 (A) necessary in the public interest; and
637		-	30 (B) a public use and purpose for which public money may be
638		-	31 spent and private property may be acquired.
639		-	32 (b) In addition to its other powers with respect to a housing program
640		-	33 under sections 32 through 35 of this chapter, the commission may
641		-	34 establish a supplemental housing program. Except as provided by this
642		-	35 section, the commission has the same powers and duties with respect
643		-	36 to the supplemental housing program that the commission has under
644		-	37 sections 32 through 35 of this chapter with respect to the housing
645		-	38 program.
646		-	39 (c) One (1) allocation area may be established for the supplemental
647		-	40 housing program. The commission is not required to make the findings
648		-	41 required under section 34(5) through 34(7) of this chapter with respect
649		-	42 to the allocation area. However, the commission must find that the
650		-	SB 438—LS 7269/DI 87 16
651		-	1 property contained within the boundaries of the allocation area consists
652		-	2 solely of one (1) or more multiple family housing projects that are or
653		-	3 have been covered, in whole or in part, by a contract for project based
654		-	4 assistance from the United States Department of Housing and Urban
655		-	5 Development or have been owned at one time by a public housing
656		-	6 agency. The allocation area need not be contiguous. The definition of
657		-	7 "base assessed value" set forth in section 35(a) of this chapter applies
658		-	8 to the special fund established under section 26(b) of this chapter for
659		-	9 the allocation area.
660		-	10 (d) The special fund established under section 26(b) of this chapter
661		-	11 for the allocation area established under this section may be used only
662		-	12 for the following purposes:
663		-	13 (1) Subject to subdivision (2), on January 1 and July 1 of each
664		-	14 year the balance of the special fund shall be transferred to the
665		-	15 housing trust fund established under subsection (e).
666		-	16 (2) The commission may provide each taxpayer in the allocation
667		-	17 area a credit for property tax replacement in the manner provided
668		-	18 by section 35(b)(7) of this chapter. Transfers made under
669		-	19 subdivision (1) shall be reduced by the amount necessary to
670		-	20 provide the credit.
671		-	21 (e) The commission shall, by resolution, establish a housing trust
672		-	22 fund to be administered, subject to the terms of the resolution, by:
673		-	23 (1) the housing division of the consolidated city; or
674		-	24 (2) the department, division, or agency that has been designated
675		-	25 to perform the public housing function by an ordinance adopted
676		-	26 under IC 36-7-18-1.
677		-	27 (f) The housing trust fund consists of:
678		-	28 (1) amounts transferred to the fund under subsection (d);
679		-	29 (2) payments in lieu of taxes deposited in the fund under
680		-	30 IC 36-3-2-12;
681		-	31 (3) gifts and grants to the fund;
682		-	32 (4) investment income earned on the fund's assets;
683		-	33 (5) money deposited in the fund under IC 36-2-7-10(k)
684		-	34 IC 36-2-7-10(l) or IC 36-2-7-10.7; and
685		-	35 (6) other funds from sources approved by the commission.
686		-	36 (g) The commission shall, by resolution, establish uses for the
687		-	37 housing trust fund. However, the uses must be limited to:
688		-	38 (1) providing financial assistance to those individuals and
689		-	39 families whose income is at or below eighty percent (80%) of the
690		-	40 county's median income for individuals and families, respectively,
691		-	41 to enable those individuals and families to purchase or lease
692		-	42 residential units within the county;
693		-	SB 438—LS 7269/DI 87 17
694		-	1 (2) paying expenses of administering the fund;
695		-	2 (3) making grants, loans, and loan guarantees for the
696		-	3 development, rehabilitation, or financing of affordable housing
697		-	4 for individuals and families whose income is at or below eighty
698		-	5 percent (80%) of the county's median income for individuals and
699		-	6 families, respectively, including the elderly, persons with
700		-	7 disabilities, and homeless individuals and families;
701		-	8 (4) providing technical assistance to nonprofit developers of
702		-	9 affordable housing; and
703		-	10 (5) funding other programs considered appropriate to meet the
704		-	11 affordable housing and community development needs of lower
705		-	12 income families (as defined in IC 5-20-4-5) and very low income
706		-	13 families (as defined in IC 5-20-4-6), including lower income
707		-	14 elderly individuals, individuals with disabilities, and homeless
708		-	15 individuals.
709		-	16 (h) After June 30, 2017, at least forty percent (40%) of the money
710		-	17 deposited in the housing trust fund shall be used for the following
711		-	18 purposes:
712		-	19 (1) To assist existing owner occupants with the repair,
713		-	20 rehabilitation, or reconstruction of their homes.
714		-	21 (2) To finance the acquisition, rehabilitation, or new construction
715		-	22 of homes for home buyers.
716		-	23 (3) To acquire, rehabilitate, or construct rental housing.
717		-	24 (i) At least fifty percent (50%) of the dollars allocated for
718		-	25 production, rehabilitation, or purchase of housing must be used for
719		-	26 units to be occupied by individuals and families whose income is at or
720		-	27 below fifty percent (50%) of the county's area median income for
721		-	28 individuals and families, respectively.
722		-	29 (j) The low income housing trust fund advisory committee is
723		-	30 established. The low income housing trust fund advisory committee
724		-	31 consists of eleven (11) members. The membership of the low income
725		-	32 housing trust fund advisory committee is comprised of:
726		-	33 (1) one (1) member appointed by the mayor, to represent the
727		-	34 interests of low income families;
728		-	35 (2) one (1) member appointed by the mayor, to represent the
729		-	36 interests of owners of subsidized, multifamily housing
730		-	37 communities;
731		-	38 (3) one (1) member appointed by the mayor, to represent the
732		-	39 interests of banks and other financial institutions;
733		-	40 (4) one (1) member appointed by the mayor, of the department of
734		-	41 metropolitan development;
735		-	42 (5) three (3) members representing the community at large
736		-	SB 438—LS 7269/DI 87 18
737		-	1 appointed by the commission, from nominations submitted to the
738		-	2 commission as a result of a general call for nominations from
739		-	3 neighborhood associations, community based organizations, and
740		-	4 other social services agencies;
741		-	5 (6) one (1) member appointed by and representing the Coalition
742		-	6 for Homeless Intervention and Prevention of Greater Indianapolis;
743		-	7 (7) one (1) member appointed by and representing the Local
744		-	8 Initiatives Support Corporation;
745		-	9 (8) one (1) member appointed by and representing the Indiana
746		-	10 housing and community development authority; and
747		-	11 (9) one (1) member appointed by and representing the
748		-	12 Indianapolis Neighborhood Housing Partnership.
749		-	13 Members of the low income housing trust fund advisory committee
750		-	14 serve for a term of four (4) years, and are eligible for reappointment. If
751		-	15 a vacancy exists on the committee, the appointing authority who
752		-	16 appointed the former member whose position has become vacant shall
753		-	17 appoint an individual to fill the vacancy. A committee member may be
754		-	18 removed at any time by the appointing authority who appointed the
755		-	19 committee member.
756		-	20 (k) The low income housing trust fund advisory committee shall
757		-	21 make recommendations to the commission regarding:
758		-	22 (1) the development of policies and procedures for the uses of the
759		-	23 low income housing trust fund; and
760		-	24 (2) long term sources of capital for the low income housing trust
761		-	25 fund, including:
762		-	26 (A) revenue from:
763		-	27 (i) development ordinances;
764		-	28 (ii) fees; or
765		-	29 (iii) taxes;
766		-	30 (B) financial market based income;
767		-	31 (C) revenue derived from private sources; and
768		-	32 (D) revenue generated from grants, gifts, donations, or income
769		-	33 in any other form, from a:
770		-	34 (i) government program;
771		-	35 (ii) foundation; or
772		-	36 (iii) corporation.
773		-	37 (l) The county treasurer shall invest the money in the fund not
774		-	38 currently needed to meet the obligations of the fund in the same
775		-	39 manner as other public funds may be invested.
776		-	SB 438—LS 7269/DI 87 19
777		-	COMMITTEE REPORT
778		-	Mr. President: The Senate Committee on Local Government, to
779		-	which was referred Senate Bill No. 438, has had the same under
780		-	consideration and begs leave to report the same back to the Senate with
781		-	the recommendation that said bill be AMENDED as follows:
782		-	Page 15, delete lines 2 through 24.
783		-	Renumber all SECTIONS consecutively.
784		-	and when so amended that said bill do pass.
785		-	(Reference is to SB 438 as introduced.)
786		-	BUCK, Chairperson
787		-	Committee Vote: Yeas 10, Nays 0.
788		-	SB 438—LS 7269/DI 87
	611	+	2 SECTION 11. IC 36-2-11-16.5, AS AMENDED BY P.L.127-2017,
	612	+	3 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	613	+	4 JULY 1, 2025]: Sec. 16.5. (a) This section does not apply to the
	614	+	5 following:
	615	+	6 (1) A judgment, an order, or a writ of a court.
	616	+	7 (2) A will or death certificate.
	617	+	8 (3) A plat.
	618	+	9 (4) A survey.
	619	+	10 (b) The county recorder may receive for record an instrument or a
	620	+	11 document if:
	621	+	12 (1) the instrument or document consists of at least one (1)
	622	+	13 individual page measuring not more than eight and one-half (8
	623	+	14 1/2) inches by fourteen (14) inches that is not permanently bound
	624	+	15 and is not a continuous form;
	625	+	16 (2) the instrument or document is on white paper of at least
	626	+	17 twenty (20) pound weight and has clean margins:
	627	+	18 (A) on the first and last pages of at least two (2) inches on the
	628	+	19 top and bottom and one-half (1/2) inch on each side; and
	629	+	20 (B) on each additional page of at least one-half (1/2) inch on
	630	+	21 the top, bottom, and each side; and
	631	+	22 (3) the instrument or document is typewritten or computer
	632	+	23 generated in black ink in at least 10 point type; and
	633	+	24 (4) the instrument's or document's pages are numbered.
	634	+	25 SECTION 12. IC 36-7-15.1-35.5, AS AMENDED BY
	635	+	26 P.L.126-2023, SECTION 3, IS AMENDED TO READ AS FOLLOWS
	636	+	27 [EFFECTIVE JULY 1, 2025]: Sec. 35.5. (a) The general assembly
	637	+	28 finds the following:
	638	+	29 (1) Federal law permits the sale of a multiple family housing
	639	+	30 project that is or has been covered, in whole or in part, by a
	640	+	31 contract for project based assistance from the United States
	641	+	32 Department of Housing and Urban Development without
	642	+	33 requiring the continuation of that project based assistance.
	643	+	34 (2) Such a sale displaces the former residents of a multiple family
	644	+	35 housing project described in subdivision (1) and increases the
	645	+	36 shortage of safe and affordable housing for persons of low and
	646	+	37 moderate income within the county.
	647	+	38 (3) The displacement of families and individuals from affordable
	648	+	39 housing requires increased expenditures of public funds for crime
	649	+	40 prevention, public health and safety, fire and accident prevention,
	650	+	41 and other public services and facilities.
	651	+	42 (4) The establishment of a supplemental housing program under
	652	+	2025 IN 438—LS 7269/DI 87 16
	653	+	1 this section will do the following:
	654	+	2 (A) Benefit the health, safety, morals, and welfare of the
	655	+	3 county and the state.
	656	+	4 (B) Serve to protect and increase property values in the county
	657	+	5 and the state.
	658	+	6 (C) Benefit persons of low and moderate income by making
	659	+	7 affordable housing available to them.
	660	+	8 (5) The establishment of a supplemental housing program under
	661	+	9 this section and sections 32 through 35 of this chapter is:
	662	+	10 (A) necessary in the public interest; and
	663	+	11 (B) a public use and purpose for which public money may be
	664	+	12 spent and private property may be acquired.
	665	+	13 (b) In addition to its other powers with respect to a housing program
	666	+	14 under sections 32 through 35 of this chapter, the commission may
	667	+	15 establish a supplemental housing program. Except as provided by this
	668	+	16 section, the commission has the same powers and duties with respect
	669	+	17 to the supplemental housing program that the commission has under
	670	+	18 sections 32 through 35 of this chapter with respect to the housing
	671	+	19 program.
	672	+	20 (c) One (1) allocation area may be established for the supplemental
	673	+	21 housing program. The commission is not required to make the findings
	674	+	22 required under section 34(5) through 34(7) of this chapter with respect
	675	+	23 to the allocation area. However, the commission must find that the
	676	+	24 property contained within the boundaries of the allocation area consists
	677	+	25 solely of one (1) or more multiple family housing projects that are or
	678	+	26 have been covered, in whole or in part, by a contract for project based
	679	+	27 assistance from the United States Department of Housing and Urban
	680	+	28 Development or have been owned at one time by a public housing
	681	+	29 agency. The allocation area need not be contiguous. The definition of
	682	+	30 "base assessed value" set forth in section 35(a) of this chapter applies
	683	+	31 to the special fund established under section 26(b) of this chapter for
	684	+	32 the allocation area.
	685	+	33 (d) The special fund established under section 26(b) of this chapter
	686	+	34 for the allocation area established under this section may be used only
	687	+	35 for the following purposes:
	688	+	36 (1) Subject to subdivision (2), on January 1 and July 1 of each
	689	+	37 year the balance of the special fund shall be transferred to the
	690	+	38 housing trust fund established under subsection (e).
	691	+	39 (2) The commission may provide each taxpayer in the allocation
	692	+	40 area a credit for property tax replacement in the manner provided
	693	+	41 by section 35(b)(7) of this chapter. Transfers made under
	694	+	42 subdivision (1) shall be reduced by the amount necessary to
	695	+	2025 IN 438—LS 7269/DI 87 17
	696	+	1 provide the credit.
	697	+	2 (e) The commission shall, by resolution, establish a housing trust
	698	+	3 fund to be administered, subject to the terms of the resolution, by:
	699	+	4 (1) the housing division of the consolidated city; or
	700	+	5 (2) the department, division, or agency that has been designated
	701	+	6 to perform the public housing function by an ordinance adopted
	702	+	7 under IC 36-7-18-1.
	703	+	8 (f) The housing trust fund consists of:
	704	+	9 (1) amounts transferred to the fund under subsection (d);
	705	+	10 (2) payments in lieu of taxes deposited in the fund under
	706	+	11 IC 36-3-2-12;
	707	+	12 (3) gifts and grants to the fund;
	708	+	13 (4) investment income earned on the fund's assets;
	709	+	14 (5) money deposited in the fund under IC 36-2-7-10(k)
	710	+	15 IC 36-2-7-10(l) or IC 36-2-7-10.7; and
	711	+	16 (6) other funds from sources approved by the commission.
	712	+	17 (g) The commission shall, by resolution, establish uses for the
	713	+	18 housing trust fund. However, the uses must be limited to:
	714	+	19 (1) providing financial assistance to those individuals and
	715	+	20 families whose income is at or below eighty percent (80%) of the
	716	+	21 county's median income for individuals and families, respectively,
	717	+	22 to enable those individuals and families to purchase or lease
	718	+	23 residential units within the county;
	719	+	24 (2) paying expenses of administering the fund;
	720	+	25 (3) making grants, loans, and loan guarantees for the
	721	+	26 development, rehabilitation, or financing of affordable housing
	722	+	27 for individuals and families whose income is at or below eighty
	723	+	28 percent (80%) of the county's median income for individuals and
	724	+	29 families, respectively, including the elderly, persons with
	725	+	30 disabilities, and homeless individuals and families;
	726	+	31 (4) providing technical assistance to nonprofit developers of
	727	+	32 affordable housing; and
	728	+	33 (5) funding other programs considered appropriate to meet the
	729	+	34 affordable housing and community development needs of lower
	730	+	35 income families (as defined in IC 5-20-4-5) and very low income
	731	+	36 families (as defined in IC 5-20-4-6), including lower income
	732	+	37 elderly individuals, individuals with disabilities, and homeless
	733	+	38 individuals.
	734	+	39 (h) After June 30, 2017, at least forty percent (40%) of the money
	735	+	40 deposited in the housing trust fund shall be used for the following
	736	+	41 purposes:
	737	+	42 (1) To assist existing owner occupants with the repair,
	738	+	2025 IN 438—LS 7269/DI 87 18
	739	+	1 rehabilitation, or reconstruction of their homes.
	740	+	2 (2) To finance the acquisition, rehabilitation, or new construction
	741	+	3 of homes for home buyers.
	742	+	4 (3) To acquire, rehabilitate, or construct rental housing.
	743	+	5 (i) At least fifty percent (50%) of the dollars allocated for
	744	+	6 production, rehabilitation, or purchase of housing must be used for
	745	+	7 units to be occupied by individuals and families whose income is at or
	746	+	8 below fifty percent (50%) of the county's area median income for
	747	+	9 individuals and families, respectively.
	748	+	10 (j) The low income housing trust fund advisory committee is
	749	+	11 established. The low income housing trust fund advisory committee
	750	+	12 consists of eleven (11) members. The membership of the low income
	751	+	13 housing trust fund advisory committee is comprised of:
	752	+	14 (1) one (1) member appointed by the mayor, to represent the
	753	+	15 interests of low income families;
	754	+	16 (2) one (1) member appointed by the mayor, to represent the
	755	+	17 interests of owners of subsidized, multifamily housing
	756	+	18 communities;
	757	+	19 (3) one (1) member appointed by the mayor, to represent the
	758	+	20 interests of banks and other financial institutions;
	759	+	21 (4) one (1) member appointed by the mayor, of the department of
	760	+	22 metropolitan development;
	761	+	23 (5) three (3) members representing the community at large
	762	+	24 appointed by the commission, from nominations submitted to the
	763	+	25 commission as a result of a general call for nominations from
	764	+	26 neighborhood associations, community based organizations, and
	765	+	27 other social services agencies;
	766	+	28 (6) one (1) member appointed by and representing the Coalition
	767	+	29 for Homeless Intervention and Prevention of Greater Indianapolis;
	768	+	30 (7) one (1) member appointed by and representing the Local
	769	+	31 Initiatives Support Corporation;
	770	+	32 (8) one (1) member appointed by and representing the Indiana
	771	+	33 housing and community development authority; and
	772	+	34 (9) one (1) member appointed by and representing the
	773	+	35 Indianapolis Neighborhood Housing Partnership.
	774	+	36 Members of the low income housing trust fund advisory committee
	775	+	37 serve for a term of four (4) years, and are eligible for reappointment. If
	776	+	38 a vacancy exists on the committee, the appointing authority who
	777	+	39 appointed the former member whose position has become vacant shall
	778	+	40 appoint an individual to fill the vacancy. A committee member may be
	779	+	41 removed at any time by the appointing authority who appointed the
	780	+	42 committee member.
	781	+	2025 IN 438—LS 7269/DI 87 19
	782	+	1 (k) The low income housing trust fund advisory committee shall
	783	+	2 make recommendations to the commission regarding:
	784	+	3 (1) the development of policies and procedures for the uses of the
	785	+	4 low income housing trust fund; and
	786	+	5 (2) long term sources of capital for the low income housing trust
	787	+	6 fund, including:
	788	+	7 (A) revenue from:
	789	+	8 (i) development ordinances;
	790	+	9 (ii) fees; or
	791	+	10 (iii) taxes;
	792	+	11 (B) financial market based income;
	793	+	12 (C) revenue derived from private sources; and
	794	+	13 (D) revenue generated from grants, gifts, donations, or income
	795	+	14 in any other form, from a:
	796	+	15 (i) government program;
	797	+	16 (ii) foundation; or
	798	+	17 (iii) corporation.
	799	+	18 (l) The county treasurer shall invest the money in the fund not
	800	+	19 currently needed to meet the obligations of the fund in the same
	801	+	20 manner as other public funds may be invested.
	802	+	2025 IN 438—LS 7269/DI 87