*SB0438.1*
January 24, 2025
SENATE BILL No. 438
_____
DIGEST OF SB 438 (Updated January 23, 2025 1:55 pm - DI 87)
Citations Affected: IC 10-17; IC 29-1; IC 36-2; IC 36-7.
Synopsis: County recorder's records perpetuation fund. Provides that
certain fees collected by the county recorder are deposited in the county
recorder's records perpetuation fund. Provides that a fee for recording
a mortgage assumption is the same as the fee for recording a mortgage.
Removes an expired provision. Makes stylistic changes.
Effective: July 1, 2025.
Bohacek
January 13, 2025, read first time and referred to Committee on Local Government.
January 23, 2025, amended, reported favorably — Do Pass.
SB 438—LS 7269/DI 87 January 24, 2025
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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.
SENATE BILL No. 438
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 10-17-3-2 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. The state or a
3 political subdivision county recorder shall provide upon request,
4 without charge or fee, one (1) certified copy of a document or record
5 if it is shown that the certified copy is necessary to secure benefits to:
6 (1) members of the military service;
7 (2) honorably discharged veterans; or
8 (3) surviving spouses or dependents of an individual described in
9 subdivision (1) or (2);
10 under a federal or state law.
11 SECTION 2. IC 10-17-3-3, AS AMENDED BY P.L.127-2017,
12 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 3. The state or a political subdivision county
14 recorder may collect a charge per copy of not more than the amount
15 specified in IC 36-2-7-10(c)(5) if a person requests more than one (1)
16 certified copy of the a document or record under section 2 of this
17 chapter. The funds received under this section by the:
SB 438—LS 7269/DI 87 2
1 (1) state, shall be placed in the state general fund; of the state or
2 county. and
3 (2) county recorder, shall be placed in the county recorder's
4 records perpetuation fund established under IC 36-2-7-10(g).
5 SECTION 3. IC 29-1-7-23, AS AMENDED BY P.L.26-2022,
6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 23. (a) When a person dies, the person's real and
8 personal property passes to persons to whom it is devised by the
9 person's last will or, in the absence of such disposition, to the persons
10 who succeed to the person's estate as the person's heirs; but it shall be
11 subject to the possession of the personal representative and to the
12 election of the surviving spouse and shall be chargeable with the
13 expenses of administering the estate, the payment of other claims and
14 the allowances under IC 29-1-4-1, except as otherwise provided in
15 IC 29-1.
16 (b) A person may sign and record an affidavit to establish prima
17 facie evidence of the passage of real estate title to distributees under
18 this section. An affidavit under this section may contain the following
19 information:
20 (1) The decedent's name and date of death.
21 (2) A statement of the affiant's relationship to the decedent.
22 (3) A description of how the following deeds or other instruments
23 vested in the decedent an ownership or leasehold interest in real
24 property, with a cross-reference if applicable, under
25 IC 36-2-7-10(l) IC 36-2-7-10(m) to each deed or other
26 instrument:
27 (A) Deeds or other instruments recorded in the office of the
28 recorder where the real property is located.
29 (B) Deeds or other instruments that disclose a title transaction
30 (as defined in IC 32-20-2-7).
31 (4) The legal description of the conveyed real property as it
32 appears in instruments described in subdivision (3).
33 (5) The names of all distributees known to the affiant.
34 (6) An explanation of how each interest in the real property
35 passed upon the decedent's death to each distributee by:
36 (A) intestate succession under IC 29-1-2-1; or
37 (B) the decedent's last will and testament that has been
38 admitted to probate under section 13 of this chapter, with
39 references to:
40 (i) the name and location of the court that issued the order
41 admitting the will to probate; and
42 (ii) the date when the court admitted the decedent's will to
SB 438—LS 7269/DI 87 3
1 probate.
2 (7) An explanation of how any fractional interests in the real
3 property that may have passed to multiple distributees were
4 calculated and apportioned.
5 (c) Upon presentation of an affidavit described in subsection (b), the
6 auditor of the county where the real property described in the affidavit
7 is located must endorse the affidavit as an instrument that is exempt
8 from the requirements to file a sales disclosure form and must enter the
9 names of the distributees shown on the affidavit on the tax duplicate on
10 which the real property is transferred, assessed, and taxed under
11 IC 6-1.1-5-7. After December 31, 2023, an auditor may not refuse to
12 endorse an affidavit because the affidavit is an electronic document.
13 (d) Upon presentation of an affidavit described in subsection (b), the
14 recorder of the county where the real property described in the affidavit
15 is located must:
16 (1) record the affidavit; and
17 (2) index the affidavit as the most recent instrument responsible
18 for the transfer of the real property described in subsection (b)(4).
19 (e) Any person may rely upon an affidavit recorded with the county
20 recorder:
21 (1) made in good faith; and
22 (2) under this section;
23 as prima facie evidence of an effective transfer of the decedent's title
24 to the real property interest under subsection (a) to the distributee
25 described in the affidavit.
26 (f) If:
27 (1) at least seven (7) months have elapsed since the decedent's
28 death;
29 (2) the clerk of the court described in subsection (b)(6)(B) has not
30 issued letters testamentary or letters of administration to the court
31 appointed personal representative for the decedent within the time
32 limits specified under section 15.1(d) of this chapter; and
33 (3) the court described in subsection (b)(6)(B) has not issued
34 findings and an accompanying order preventing the limitations in
35 section 15.1(b) of this chapter from applying to the decedent's real
36 property;
37 any person may rely upon the affidavit described in subsection (e) as
38 evidence that the real property may not be sold by an executor or
39 administrator of the decedent's estate to pay a debt or obligation of the
40 decedent, which is not a lien of record in the county in which the real
41 property is located, or to pay any costs of administration of the
42 decedent's estate.
SB 438—LS 7269/DI 87 4
1 SECTION 4. IC 36-2-7-10, AS AMENDED BY P.L.96-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 10. (a) The following definitions apply to this
4 section:
5 (1) "Copy" means:
6 (A) transcribing or duplicating a document by handwriting,
7 photocopy, xerography, or duplicating machine;
8 (B) duplicating electronically stored data onto a disk, tape,
9 drum, or any other means of electronic data storage; or
10 (C) reproducing a document by any other means.
11 (2) "Mortgage" means a transfer of rights to real property, in a
12 form substantially similar to that set forth in IC 32-29-1-5, with or
13 without warranty from the grantor. The term does not include:
14 (A) a mortgage modification;
15 (B) a mortgage assignment; or
16 (C) a mortgage release; or
17 (D) a mortgage assumption.
18 (3) "Multiple transaction document" means a document
19 containing two (2) or more transactions of the same type.
20 (4) "Record" or "recording" means the act of placing a document
21 into the official records of the county recorder and includes the
22 functions of filing and filing for record.
23 (b) The county recorder shall charge and collect the fees prescribed
24 by this section for recording, filing, copying, and other services the
25 recorder renders, and shall pay them into the county treasury at the end
26 of each calendar month. The fees prescribed and collected under this
27 section supersede all other recording fees required by law to be charged
28 for services rendered by the county recorder.
29 (c) The county recorder shall charge the following:
30 (1) Twenty-five dollars ($25) for recording any deed or other
31 instrument, other than a mortgage.
32 (2) Fifty-five dollars ($55) for recording any mortgage.
33 (3) For pages larger than eight and one-half (8 1/2) inches by
34 fourteen (14) inches twenty-five dollars ($25) for the first page
35 and five dollars ($5) for each additional page of any document the
36 recorder records, if the pages are larger than eight and one-half (8
37 1/2) inches by fourteen (14) inches.
38 (4) If the county recorder has elected to attest to the release,
39 partial release, or assignment of any mortgage, judgment, lien, or
40 oil and gas lease contained on a multiple transaction document,
41 the fee for each transaction after the first is seven dollars ($7) plus
42 the amount provided in subdivision (1).
SB 438—LS 7269/DI 87 5
1 (5) For furnishing copies of records, the fee for each copy is:
2 (A) one dollar ($1) per page that is not larger than eleven (11)
3 inches by seventeen (17) inches; and
4 (B) five dollars ($5) per page that is larger than eleven (11)
5 inches by seventeen (17) inches.
6 (6) Five dollars ($5) for acknowledging or certifying to a
7 document.
8 (7) A fee in an amount authorized by an ordinance adopted by the
9 county legislative body for duplicating a computer tape, a
10 computer disk, an optical disk, microfilm, or similar media. This
11 fee may not cover making a handwritten copy or a photocopy or
12 using xerography or a duplicating machine.
13 (8) Twenty-five dollars ($25) per parcel for recording the release
14 of a lien or liens of a political subdivision for a property sold or
15 transferred under IC 6-1.1-24-6.1 or IC 36-1-11, regardless of the
16 number of liens held by the political subdivision. This fee applies
17 to each political subdivision with a lien or liens on a parcel. In
18 addition to the fee under this subdivision, if a county fiscal body
19 adopts a fee under section 10.7 of this chapter, the county
20 recorder may charge the fee under section 10.7 of this chapter for
21 each document recorded by a political subdivision under this
22 subdivision.
23 (9) This subdivision applies in a county only if at least one (1)
24 unit in the county has established an affordable housing fund
25 under IC 5-20-5-15.5 and the county fiscal body adopts an
26 ordinance authorizing the fee described in this subdivision. An
27 ordinance adopted under this subdivision may authorize the
28 county recorder to charge a fee of ten dollars ($10) for each
29 document the recorder records.
30 (10) This subdivision applies in a county containing a
31 consolidated city that has established a housing trust fund under
32 IC 36-7-15.1-35.5(e). This subdivision does not apply if the
33 county fiscal body adopts a fee under section 10.7 of this chapter.
34 The county fiscal body may adopt an ordinance authorizing the
35 fee described in this subdivision. An ordinance adopted under this
36 subdivision may authorize the county recorder to charge a fee of:
37 (A) two dollars and fifty cents ($2.50) for the first page; and
38 (B) one dollar ($1) for each additional page;
39 of each document the recorder records.
40 (d) This subsection does not apply in a county containing a
41 consolidated city. Section 10.5 of this chapter applies to the deposit of
42 fees collected under subsection (c)(1) and (c)(8) in a county containing
SB 438—LS 7269/DI 87 6
1 a consolidated city. The county recorder shall deposit the fees collected
2 under subsection (c)(1) and (c)(8) as follows:
3 (1) Eight dollars ($8) in the county general fund.
4 (2) Five dollars ($5) in the county surveyor's corner perpetuation
5 fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
6 (3) Ten dollars ($10) in the county recorder's records perpetuation
7 fund established under subsection (f). (g).
8 (4) One dollar ($1) in the county identification security protection
9 fund established under IC 36-2-7.5-11.
10 (5) One dollar ($1) in the county elected officials training fund
11 under IC 36-2-7-19.
12 (e) This subsection does not apply in a county containing a
13 consolidated city. Section 10.5 of this chapter applies to the deposit of
14 fees collected under subsection (c)(2) in a county containing a
15 consolidated city. The county recorder shall deposit the fees collected
16 under subsection (c)(2) as follows:
17 (1) Thirty-four dollars ($34) in the county general fund.
18 (2) Five dollars ($5) in the county surveyor's corner perpetuation
19 fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
20 (3) Eleven dollars and fifty cents ($11.50) in the county recorder's
21 records perpetuation fund established under subsection (f). (g).
22 (4) Two dollars and fifty cents ($2.50) with the county treasurer
23 to be distributed in accordance with IC 24-9-9-3 and IC 24-9-9-4.
24 (5) One dollar ($1) in the county identification security protection
25 fund established under IC 36-2-7.5-11.
26 (6) One dollar ($1) in the county elected officials training fund
27 under IC 36-2-7-19.
28 (f) This subsection applies to all counties. A county recorder
29 shall deposit fees collected under subsection (c)(3), (c)(4), (c)(5),
30 (c)(6), and (c)(7) in the county recorder's records perpetuation
31 fund established under subsection (g).
32 (f) (g) The county treasurer shall establish a county recorder's
33 records perpetuation fund. The fund consists of all fees collected under
34 this section for deposit in the fund and amounts transferred to the fund
35 from the county identification security protection fund under
36 IC 36-2-7.5-11, and the county elected officials training fund under
37 section 19(e)(4) of this chapter. Except as provided in section 10.2 of
38 this chapter, the county recorder may use any money in this fund
39 without appropriation for:
40 (1) the preservation of records; and
41 (2) the improvement of record keeping systems and equipment;
42 within the control of the county recorder. Money from the fund may not
SB 438—LS 7269/DI 87 7
1 be deposited or transferred into the county general fund and does not
2 revert to the county general fund at the end of a fiscal year.
3 (g) (h) The county recorder shall post the fees set forth in subsection
4 (c) in a prominent place within the county recorder's office where the
5 fee schedule will be readily accessible to the public.
6 (h) (i) The county recorder may not charge or collect any fee for:
7 (1) recording an official bond of a public officer, a deputy, an
8 appointee, or an employee; or
9 (2) performing any service under any of the following:
10 (A) IC 6-1.1-22-2(c).
11 (B) IC 8-23-7.
12 (C) IC 8-23-23.
13 (D) IC 10-17-2-3.
14 (E) IC 10-17-3-2.
15 (F) IC 12-14-13.
16 (G) IC 12-14-16.
17 (i) (j) The state and its agencies and instrumentalities are required
18 to pay the recording fees and charges that this section prescribes.
19 (j) (k) This subsection applies to a county other than a county
20 containing a consolidated city. The county treasurer shall distribute
21 money collected by the county recorder under subsection (c)(9) as
22 follows:
23 (1) Sixty percent (60%) of the money collected by the county
24 recorder under subsection (c)(9) shall be distributed to the units
25 in the county that have established an affordable housing fund
26 under IC 5-20-5-15.5 for deposit in the fund. The amount to be
27 distributed to a unit is the amount available for distribution
28 multiplied by a fraction. The numerator of the fraction is the
29 population of the unit. The denominator of the fraction is the
30 population of all units in the county that have established an
31 affordable housing fund. The population to be used for a county
32 that establishes an affordable housing fund is the population of
33 the county outside any city or town that has established an
34 affordable housing fund.
35 (2) Forty percent (40%) of the money collected by the county
36 recorder under subsection (c)(9) shall be distributed to the
37 treasurer of state for deposit in the affordable housing and
38 community development fund established under IC 5-20-4-7 for
39 the purposes of the fund.
40 Money shall be distributed under this subsection before the sixteenth
41 day of the month following the month in which the money is collected
42 from the county recorder.
SB 438—LS 7269/DI 87 8
1 (k) (l) This subsection applies to a county described in subsection
2 (c)(10). The county treasurer shall distribute money collected by the
3 county recorder under subsection (c)(10) as follows:
4 (1) Sixty percent (60%) of the money collected by the county
5 recorder under subsection (c)(10) shall be deposited in the
6 housing trust fund established under IC 36-7-15.1-35.5(e) for the
7 purposes of the fund.
8 (2) Forty percent (40%) of the money collected by the county
9 recorder under subsection (c)(10) shall be distributed to the
10 treasurer of state for deposit in the affordable housing and
11 community development fund established under IC 5-20-4-7 for
12 the purposes of the fund.
13 Money shall be distributed under this subsection before the sixteenth
14 day of the month following the month in which the money is collected
15 from the county recorder.
16 (l) (m) The county recorder may also include a cross-reference or
17 multiple cross-references identified in a document for recording under
18 this section. For cross-references not otherwise required by statute or
19 county ordinance, the person submitting the document for recording
20 shall clearly identify on the front page of the instrument the specific
21 cross-reference or cross-references to be included with the recorded
22 documents.
23 SECTION 5. IC 36-2-7-10.1, AS AMENDED BY P.L.86-2018,
24 SECTION 338, IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2025]: Sec. 10.1. (a) The following definitions
26 apply throughout this section:
27 (1) "Bulk form copy" means an aggregation of:
28 (A) copies of all recorded documents received by the county
29 recorder for recording in a calendar day, week, month, or year;
30 (B) the indices for finding, retrieving, and viewing all recorded
31 documents received by the county recorder for recording in a
32 calendar day, week, month, or year; or
33 (C) the items under both clauses (A) and (B).
34 (2) "Bulk user" means an individual, a corporation, a partnership,
35 a limited liability company, or an unincorporated association that
36 receives bulk form copies under a contract with the county
37 recorder.
38 (3) "Copy" means a reproduction, including an image of a
39 recorded document or indices created by:
40 (A) duplicating electronically stored data onto a disk, tape,
41 drum, or any other medium of electronic data storage; or
42 (B) reproducing on microfilm.
SB 438—LS 7269/DI 87 9
1 (4) "Indices" means all of the indexing information used by the
2 county recorder for finding, retrieving, and viewing a recorded
3 document.
4 (5) "Recorded document" means a writing, a paper, a document,
5 a plat, a map, a survey, or anything else received at any time for
6 recording or filing in the public records maintained by the county
7 recorder or the county recorder's designee.
8 (b) A county executive shall establish by ordinance the manner and
9 form in which the county recorder may provide bulk form copies to
10 bulk users. The ordinance must establish whether the county recorder
11 may provide bulk form copies to a bulk user:
12 (1) on a disk, tape, drum, or any other medium of electronic data
13 storage or microfilm;
14 (2) by electronically transmitting the copies using an electronic
15 transfer process; or
16 (3) under both subdivisions (1) and (2).
17 (c) A bulk user must submit a written request to the county recorder
18 that identifies the requested bulk form copies with reasonable
19 particularity. Unless the request is refused under subsection (j), upon
20 receipt of a valid written request the county recorder or the county
21 recorder's designee shall provide the bulk form copies to the bulk user
22 by the method or methods established by ordinance. The bulk form
23 copies shall be provided within a reasonable time after the later of the
24 following events:
25 (1) The recorder's archival process is completed and bulk form
26 copies become available in the county recorder's office.
27 (2) The bulk form user executes a contract that meets the
28 requirements of subsection (g) with:
29 (A) the county recorder; and
30 (B) if the county recorder uses a third party to provide bulk
31 copy services, the county recorder's designee.
32 The county recorder or the county recorder's designee shall work with
33 reasonable diligence to ensure that bulk form copies are timely
34 produced to the bulk user.
35 (d) The county recorder shall charge a fee for producing bulk form
36 copies. Except as provided in subsection (e), the amount of the fee shall
37 be as follows:
38 (1) Ten cents ($0.10) per page for a copy of a recorded document,
39 including the instrument's book and page, if applicable.
40 (2) Ten cents ($0.10) per recorded document for a copy of the
41 indices used by the county recorder for finding, retrieving, and
42 viewing a recorded document.
SB 438—LS 7269/DI 87 10
1 (e) If the county executive makes a finding and determination that
2 the costs incurred by the county recorder of producing bulk form
3 copies, including applying a watermark or other protective feature,
4 exceed the amount of the fee under subsection (d), the county executive
5 may adopt an ordinance that establishes a greater fee in an amount not
6 to exceed the following:
7 (1) Twenty cents ($0.20) per page for a copy of a recorded
8 document, including the instrument's book and page, if
9 applicable.
10 (2) Twenty cents ($0.20) per recorded document for a copy of the
11 indices used by the county recorder for finding, retrieving, and
12 viewing a recorded document.
13 If the county executive adopts an ordinance under this subsection, the
14 county recorder shall charge the fee in the amount set by the ordinance,
15 instead of the amount set forth in subsection (d).
16 (f) The fees charged by the county recorder are subject to the
17 following requirements:
18 (1) The county recorder shall pay the fees into the county treasury
19 at the end of each calendar month.
20 (2) The fees prescribed and collected under this section supersede
21 all other fees for bulk form copies required by law to be charged
22 for services rendered by the county recorder to bulk users.
23 (3) All revenue generated by the county recorder under this
24 section shall be deposited in the county recorder's records
25 perpetuation fund and used by the recorder in accordance with
26 section 10(f) 10(g) of this chapter.
27 (g) A bulk user must enter into a contract with the county recorder
28 and if the county recorder uses a third party to provide bulk copy
29 services, the county recorder's designee, in order to receive bulk form
30 copies. The contract must be in writing and must require that the bulk
31 user agree not to do any of the following:
32 (1) Except as provided in subsection (h), provide, transfer, or
33 allow the transfer of any copy of a recorded document obtained by
34 the bulk user under this section to a third party.
35 (2) Engage in unauthorized access to recorded documents.
36 (3) Engage in unauthorized alteration of recorded documents.
37 A contract required under this subsection may not include any
38 restrictions on a bulk form user's use of the bulk form copies other than
39 those contained in this section.
40 (h) A bulk user that is licensed under IC 27-1-15.6-6(d) or holds a
41 certificate of authority under IC 27-7-3-6 may provide bulk form copies
42 related to the specific order for a title search (as defined in IC 27-7-3-2)
SB 438—LS 7269/DI 87 11
1 when operating as:
2 (1) a title plant for the issuance of title insurance (as defined in
3 IC 27-7-3-2); or
4 (2) title company (as defined in IC 27-7-3-2).
5 A bulk user that meets the requirements of this subsection may charge
6 its customers a fee for using the bulk form copies obtained by the bulk
7 user that may not exceed the costs incurred by the bulk user for
8 obtaining the bulk form copies. A bulk user that meets the requirements
9 of this subsection may not resell, provide, transfer, or allow the transfer
10 of any copy of a recorded document, whether in bulk form or as
11 individual copies or images, to any other bulk user or title plant.
12 (i) A bulk user that does not meet the requirements of subsection (h)
13 is prohibited from selling, offering for sale, advertising for sale,
14 soliciting a purchase of, loaning, giving away, allowing subscription
15 service to, or otherwise transferring, providing, or allowing the transfer
16 of bulk form copies for commercial purposes to a third party, whether
17 the copies are in bulk form or individual copies or images.
18 (j) If a bulk user does not comply with a contract, the county
19 recorder may terminate the contract, immediately stop providing bulk
20 form copies to the bulk user, and refuse to provide the bulk form copies
21 requested by the bulk user if all termination provisions and procedures
22 in the contract have been met by the county recorder. The county
23 recorder may refuse subsequent requests from a bulk user for bulk form
24 copies in the following circumstances:
25 (1) The bulk user is a person that has had a previous bulk form
26 copy contract terminated by the county recorder because the
27 recorder determined that the bulk user failed to comply with the
28 contract.
29 (2) The bulk user is a corporation or limited liability company in
30 which a person has a majority or controlling interest and:
31 (A) the person requested bulk form copies under a previous
32 contract with the county recorder; and
33 (B) the contract was terminated by the county recorder
34 because the county recorder determined that the person failed
35 to comply with the contract.
36 (k) This section does not apply to enhanced access under
37 IC 5-14-3-3.
38 SECTION 6. IC 36-2-7-10.2, AS AMENDED BY P.L.127-2017,
39 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 10.2. (a) As used in this section, "fund" refers to
41 the county recorder's records perpetuation fund established under
42 section 10(f) 10(g) of this chapter.
SB 438—LS 7269/DI 87 12
1 (b) A county recorder may pay all or a portion of the expenses of the
2 county recorder's office for the following calendar year from the fund
3 only if:
4 (1) the county recorder submits to the county fiscal body a sworn
5 statement that:
6 (A) the current revenue to the fund is sufficient to fulfill the
7 statutory purpose of the fund;
8 (B) the technology of the county recorder's office is presently
9 updated and at a level to sufficiently meet the statutory
10 purposes of the fund and the county recorder's office;
11 (C) the fund has a sufficient reserve, consistent with the
12 recorder's plan, to capitalize the next technology or other
13 records management upgrade necessary to fulfill the statutory
14 purpose of the fund and the county recorder's office; and
15 (D) the county recorder specifically requests that all or a
16 specific, identifiable portion of the fund be used to pay the
17 expenses of the county recorder's office for the following
18 calendar year; and
19 (2) the county fiscal body adopts an ordinance approving the
20 recorder's request under subsection (c).
21 (c) Upon receiving the county recorder's sworn statement, the
22 county fiscal body may adopt an ordinance approving the county
23 recorder's request. If the ordinance is adopted, the county fiscal body
24 shall, if specifically requested by the recorder for the following
25 calendar year, approve sufficient money from the fund. The county
26 fiscal body may not approve any more money from the fund for any
27 purpose in excess of that requested by the county recorder.
28 (d) A county recorder's request and the county fiscal body's approval
29 are valid for only the following calendar year. The requirements of this
30 section must be met for each calendar year.
31 SECTION 7. IC 36-2-7-10.5, AS AMENDED BY P.L.19-2021,
32 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 10.5. (a) This section applies only in a county
34 containing a consolidated city.
35 (b) The county recorder shall deposit the fees collected under
36 section 10(c)(1) and 10(c)(8) of this chapter as follows:
37 (1) Nine dollars ($9) in the county general fund.
38 (2) Five dollars ($5) in the county surveyor's corner perpetuation
39 fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
40 (3) Ten dollars ($10) in the county recorder's records perpetuation
41 fund established under section 10(f) 10(g) of this chapter.
42 (4) Fifty cents ($0.50) in the county identification security
SB 438—LS 7269/DI 87 13
1 protection fund established under IC 36-2-7.5-11.
2 (5) Fifty cents ($0.50) in the county elected officials training fund
3 under IC 36-2-7-19.
4 (c) The county recorder shall deposit the fees collected under
5 section 10(c)(2) of this chapter as follows:
6 (1) Thirty-five dollars ($35) in the county general fund.
7 (2) Five dollars ($5) in the county surveyor's corner perpetuation
8 fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
9 (3) Eleven dollars and fifty cents ($11.50) in the county recorder's
10 records perpetuation fund established under section 10(f) 10(g) of
11 this chapter.
12 (4) Two dollars and fifty cents ($2.50) with the county treasurer
13 to be distributed in accordance with IC 24-9-9-3 and IC 24-9-9-4.
14 (5) Fifty cents ($0.50) in the county identification security
15 protection fund established under IC 36-2-7.5-11.
16 (6) Fifty cents ($0.50) in the county elected officials training fund
17 under IC 36-2-7-19.
18 SECTION 8. IC 36-2-7-10.7, AS AMENDED BY P.L.19-2021,
19 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 10.7. (a) This section applies in a county
21 containing a consolidated city that has established a housing trust fund
22 under IC 36-7-15.1-35.5(e).
23 (b) The county fiscal body may adopt an ordinance authorizing the
24 county recorder to charge a fee of ten dollars ($10) for each document
25 the recorder records.
26 (c) If the county fiscal body adopts an ordinance under this section,
27 the following do not apply:
28 (1) Section 10(c)(10) of this chapter.
29 (2) Section 10(k) 10(l) of this chapter.
30 (d) All money collected by the county recorder under this section
31 shall be deposited in the housing trust fund established under
32 IC 36-7-15.1-35.5(e) for the purposes of the fund.
33 SECTION 9. IC 36-2-7-19, AS AMENDED BY P.L.96-2023,
34 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 19. (a) As used in this section, "fund" refers to a
36 county elected officials training fund established under subsection (b).
37 (b) Each county legislative body shall establish a county elected
38 officials training fund to supplement appropriations that may come
39 from the county general fund to provide training of elected officials.
40 The county fiscal body shall appropriate money from the fund.
41 (c) The fund consists of money deposited under IC 36-2-7.5-6(b)(2)
42 and any other sources required or permitted by law. Money in the fund
SB 438—LS 7269/DI 87 14
1 does not revert to the county general fund.
2 (d) Except as provided in subsection (e)(3), and (e)(4), money in the
3 fund shall be used solely to provide training of:
4 (1) county elected officials; and
5 (2) individuals first elected to a county office;
6 required by IC 33-32-2-9, IC 36-2-9-2.5, IC 36-2-9.5-2.5,
7 IC 36-2-10-2.5, IC 36-2-11-2.5, and IC 36-2-12-2.5.
8 (e) Except as provided in IC 5-11-14-1, money in the fund may be
9 used to provide any of the following:
10 (1) Travel, lodging, and related expenses associated with any
11 training paid for from the fund.
12 (2) Training of one (1) or more designees of a county elected
13 official if sufficient funds are appropriated by the county fiscal
14 body.
15 (3) Upon determination by a county fiscal body that money in the
16 fund exceeds the amount necessary to fund the expenses specified
17 under subsection (d)(1) and (d)(2), money in the fund may be
18 used for the training (and related travel and lodging expenses) of
19 county council members provided:
20 (A) under IC 5-11-14-1; or
21 (B) by the Association of Indiana Counties.
22 (4) Upon determination by a county fiscal body that money in the
23 fund exceeds the amount necessary to fund the expenses specified
24 under subdivisions (1) and (2), the county auditor may, not later
25 than December 31, 2023, transfer the excess money to the county
26 recorder's records perpetuation fund established under section
27 10(f) of this chapter. This subdivision expires January 1, 2024.
28 SECTION 10. IC 36-2-7.5-11, AS AMENDED BY P.L.127-2017,
29 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2025]: Sec. 11. (a) As used in this section, "fund" refers to a
31 county identification security protection fund established under
32 subsection (b).
33 (b) Each county legislative body shall establish an identification
34 security protection fund to be administered by the county recorder. The
35 county fiscal body shall appropriate money from the fund.
36 (c) A fund consists of money deposited in the fund under section
37 6(b) of this chapter. Money in a fund does not revert to the county
38 general fund. Money in a fund may be transferred to the county
39 recorder's records perpetuation fund for the uses set forth in
40 IC 36-2-7-10(f). IC 36-2-7-10(g).
41 (d) A county recorder may use money in the fund only to purchase,
42 upgrade, implement, or maintain redacting technology, or to secure
SB 438—LS 7269/DI 87 15
1 protection measures used in the office of the county recorder.
2 SECTION 11. IC 36-7-15.1-35.5, AS AMENDED BY
3 P.L.126-2023, SECTION 3, IS AMENDED TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2025]: Sec. 35.5. (a) The general assembly
5 finds the following:
6 (1) Federal law permits the sale of a multiple family housing
7 project that is or has been covered, in whole or in part, by a
8 contract for project based assistance from the United States
9 Department of Housing and Urban Development without
10 requiring the continuation of that project based assistance.
11 (2) Such a sale displaces the former residents of a multiple family
12 housing project described in subdivision (1) and increases the
13 shortage of safe and affordable housing for persons of low and
14 moderate income within the county.
15 (3) The displacement of families and individuals from affordable
16 housing requires increased expenditures of public funds for crime
17 prevention, public health and safety, fire and accident prevention,
18 and other public services and facilities.
19 (4) The establishment of a supplemental housing program under
20 this section will do the following:
21 (A) Benefit the health, safety, morals, and welfare of the
22 county and the state.
23 (B) Serve to protect and increase property values in the county
24 and the state.
25 (C) Benefit persons of low and moderate income by making
26 affordable housing available to them.
27 (5) The establishment of a supplemental housing program under
28 this section and sections 32 through 35 of this chapter is:
29 (A) necessary in the public interest; and
30 (B) a public use and purpose for which public money may be
31 spent and private property may be acquired.
32 (b) In addition to its other powers with respect to a housing program
33 under sections 32 through 35 of this chapter, the commission may
34 establish a supplemental housing program. Except as provided by this
35 section, the commission has the same powers and duties with respect
36 to the supplemental housing program that the commission has under
37 sections 32 through 35 of this chapter with respect to the housing
38 program.
39 (c) One (1) allocation area may be established for the supplemental
40 housing program. The commission is not required to make the findings
41 required under section 34(5) through 34(7) of this chapter with respect
42 to the allocation area. However, the commission must find that the
SB 438—LS 7269/DI 87 16
1 property contained within the boundaries of the allocation area consists
2 solely of one (1) or more multiple family housing projects that are or
3 have been covered, in whole or in part, by a contract for project based
4 assistance from the United States Department of Housing and Urban
5 Development or have been owned at one time by a public housing
6 agency. The allocation area need not be contiguous. The definition of
7 "base assessed value" set forth in section 35(a) of this chapter applies
8 to the special fund established under section 26(b) of this chapter for
9 the allocation area.
10 (d) The special fund established under section 26(b) of this chapter
11 for the allocation area established under this section may be used only
12 for the following purposes:
13 (1) Subject to subdivision (2), on January 1 and July 1 of each
14 year the balance of the special fund shall be transferred to the
15 housing trust fund established under subsection (e).
16 (2) The commission may provide each taxpayer in the allocation
17 area a credit for property tax replacement in the manner provided
18 by section 35(b)(7) of this chapter. Transfers made under
19 subdivision (1) shall be reduced by the amount necessary to
20 provide the credit.
21 (e) The commission shall, by resolution, establish a housing trust
22 fund to be administered, subject to the terms of the resolution, by:
23 (1) the housing division of the consolidated city; or
24 (2) the department, division, or agency that has been designated
25 to perform the public housing function by an ordinance adopted
26 under IC 36-7-18-1.
27 (f) The housing trust fund consists of:
28 (1) amounts transferred to the fund under subsection (d);
29 (2) payments in lieu of taxes deposited in the fund under
30 IC 36-3-2-12;
31 (3) gifts and grants to the fund;
32 (4) investment income earned on the fund's assets;
33 (5) money deposited in the fund under IC 36-2-7-10(k)
34 IC 36-2-7-10(l) or IC 36-2-7-10.7; and
35 (6) other funds from sources approved by the commission.
36 (g) The commission shall, by resolution, establish uses for the
37 housing trust fund. However, the uses must be limited to:
38 (1) providing financial assistance to those individuals and
39 families whose income is at or below eighty percent (80%) of the
40 county's median income for individuals and families, respectively,
41 to enable those individuals and families to purchase or lease
42 residential units within the county;
SB 438—LS 7269/DI 87 17
1 (2) paying expenses of administering the fund;
2 (3) making grants, loans, and loan guarantees for the
3 development, rehabilitation, or financing of affordable housing
4 for individuals and families whose income is at or below eighty
5 percent (80%) of the county's median income for individuals and
6 families, respectively, including the elderly, persons with
7 disabilities, and homeless individuals and families;
8 (4) providing technical assistance to nonprofit developers of
9 affordable housing; and
10 (5) funding other programs considered appropriate to meet the
11 affordable housing and community development needs of lower
12 income families (as defined in IC 5-20-4-5) and very low income
13 families (as defined in IC 5-20-4-6), including lower income
14 elderly individuals, individuals with disabilities, and homeless
15 individuals.
16 (h) After June 30, 2017, at least forty percent (40%) of the money
17 deposited in the housing trust fund shall be used for the following
18 purposes:
19 (1) To assist existing owner occupants with the repair,
20 rehabilitation, or reconstruction of their homes.
21 (2) To finance the acquisition, rehabilitation, or new construction
22 of homes for home buyers.
23 (3) To acquire, rehabilitate, or construct rental housing.
24 (i) At least fifty percent (50%) of the dollars allocated for
25 production, rehabilitation, or purchase of housing must be used for
26 units to be occupied by individuals and families whose income is at or
27 below fifty percent (50%) of the county's area median income for
28 individuals and families, respectively.
29 (j) The low income housing trust fund advisory committee is
30 established. The low income housing trust fund advisory committee
31 consists of eleven (11) members. The membership of the low income
32 housing trust fund advisory committee is comprised of:
33 (1) one (1) member appointed by the mayor, to represent the
34 interests of low income families;
35 (2) one (1) member appointed by the mayor, to represent the
36 interests of owners of subsidized, multifamily housing
37 communities;
38 (3) one (1) member appointed by the mayor, to represent the
39 interests of banks and other financial institutions;
40 (4) one (1) member appointed by the mayor, of the department of
41 metropolitan development;
42 (5) three (3) members representing the community at large
SB 438—LS 7269/DI 87 18
1 appointed by the commission, from nominations submitted to the
2 commission as a result of a general call for nominations from
3 neighborhood associations, community based organizations, and
4 other social services agencies;
5 (6) one (1) member appointed by and representing the Coalition
6 for Homeless Intervention and Prevention of Greater Indianapolis;
7 (7) one (1) member appointed by and representing the Local
8 Initiatives Support Corporation;
9 (8) one (1) member appointed by and representing the Indiana
10 housing and community development authority; and
11 (9) one (1) member appointed by and representing the
12 Indianapolis Neighborhood Housing Partnership.
13 Members of the low income housing trust fund advisory committee
14 serve for a term of four (4) years, and are eligible for reappointment. If
15 a vacancy exists on the committee, the appointing authority who
16 appointed the former member whose position has become vacant shall
17 appoint an individual to fill the vacancy. A committee member may be
18 removed at any time by the appointing authority who appointed the
19 committee member.
20 (k) The low income housing trust fund advisory committee shall
21 make recommendations to the commission regarding:
22 (1) the development of policies and procedures for the uses of the
23 low income housing trust fund; and
24 (2) long term sources of capital for the low income housing trust
25 fund, including:
26 (A) revenue from:
27 (i) development ordinances;
28 (ii) fees; or
29 (iii) taxes;
30 (B) financial market based income;
31 (C) revenue derived from private sources; and
32 (D) revenue generated from grants, gifts, donations, or income
33 in any other form, from a:
34 (i) government program;
35 (ii) foundation; or
36 (iii) corporation.
37 (l) The county treasurer shall invest the money in the fund not
38 currently needed to meet the obligations of the fund in the same
39 manner as other public funds may be invested.
SB 438—LS 7269/DI 87 19
COMMITTEE REPORT
Mr. President: The Senate Committee on Local Government, to
which was referred Senate Bill No. 438, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 15, delete lines 2 through 24.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 438 as introduced.)
BUCK, Chairperson
Committee Vote: Yeas 10, Nays 0.
SB 438—LS 7269/DI 87