2024 Legislation

The following is a summary of the bills from the current legislative session that may be of interest to our membership.  For the full text of each bill please go to: https://iga.in.gov/legislative/2024/bills/.

This page was last updated on 2-20-2024 at 4:30 p.m.

Senate

  • SB 33 Distributions of public safety income tax revenue.  Provides that a qualified township and various fire entities may apply to the county adopting body for a distribution of local income tax revenue that is allocated to public safety purposes. Requires the county adopting body to review a submitted application at a public hearing at which the qualified township or entity must present and explain its application. Provides that after the public hearing on the application, and before September 1, the county adopting body may adopt a resolution approving the application and requiring that tax revenue be distributed to the qualified township or entity. Provides the calculation for the amount of the allocation to a qualified township. Repeals certain provisions enacted in the 2023 session in HB 1454 regarding distribution of tax revenue allocated to public safety to township fire departments, volunteer fire departments, fire protection territories, or fire protection districts. Makes certain changes to provisions regarding the local income tax rate for local costs of the state judicial system in the county.
    • Passed the Senate 48-0 on Monday, February 5th.
    • Referred to the House Ways and Means Committee and set for hearing on Wednesday, February 21st at 1:30 p.m.
  • SB 70 Bail and release review commission. Establishes the bail and release review commission to review data concerning bail, bail reform, pretrial release, and related matters. Provides that the commission expires June 30, 2026. [The commission created by this bill fails to include any representation from community supervision agencies directly responsible for assessment and monitoring of pretrial defendants. POPAI is advocating to add members to the commission representing community supervision.]
    • Passed the Senate 47-1 on Tuesday, February 6th.
    • Passed the House 93-0 on Tuesday, February 20th.
  • SB 179 Commission on court appointed attorneys. Requires the justice reinvestment advisory council (council) to conduct a study on criminal indigency determinations by all Indiana trial courts. Requires the council to submit a report containing recommendations on specified topics to the legislative council before July 1, 2025. Changes the name of the Indiana public defender commission to the Indiana commission on court appointed attorneys (commission). Provides that a county may be reimbursed for 40% of indigent defense services provided for misdemeanors in a superior or circuit court. (Current law excludes misdemeanors from reimbursement.) Provides that through June 30, 2029, certain counties may be reimbursed for 100% of indigent defense services provided for misdemeanors in a superior or circuit court. Requires the commission to submit a report to the legislative council and the budget committee not later than December 1, 2029, concerning the 100% reimbursement for indigent defense services provided for misdemeanors. Requires each clerk of the court to make an annual report to the commission concerning certain fees. Changes the distribution of fees for indigent defendant representation. Increases certain fees if a court finds a person is able to pay the cost of representation by counsel. Prohibits the commission from: (1) receiving additional appropriations from the general assembly for misdemeanor reimbursement; or (2) reimbursing certain counties for misdemeanor reimbursement; before July 1, 2029. Provides that each court in certain counties receiving reimbursement from the public defense fund shall require a person claiming indigency to submit a uniform form, prescribed by the office of judicial administration, to assist the court in determining whether the person is indigent. Specifies that such courts shall review or designate a staff member to review the form submitted to ensure accuracy of the information contained in the form. Allows such a court to request any additional information needed from the person to verify the accuracy of the information submitted in the form.
    • Passed the Senate 49-0 on Tuesday, January 30th.
    • Passed the House Courts and Criminal Code Committee and assigned to the House Ways and Means Committee.
  • SB 282 Absenteeism and school attendance. Amends the duties of an attendance officer and the state attendance officer. Requires, not later than November 1 of each year, the state attendance officer to submit a report to the legislative council containing recommended legislation based on the state attendance officer’s discussions with attendance officers. Requires the governing authority of a school corporation, charter school, and nonpublic school that has at least one employee to establish a truancy prevention policy regarding certain students in kindergarten through grade 6. [Requires meeting with the intake officer for the juvenile court.] Urges the legislative council to assign to the appropriate interim study committee the task of studying certain matters concerning absenteeism.
    • Passed the Senate 49-0 on Tuesday, February 6th.
    • Referred to the House Education Committee and set for hearing on Wednesday, February 21st at 10:30 a.m.
  • SB 290 Criminal justice data. Requires the Indiana criminal justice institute and the department of correction to collect and distribute certain criminal justice data.
    • Passed the Senate 48-0 on Monday, February 5th.
    • Referred to the House Courts and Criminal Code Committee and set for hearing on Wednesday, February 21st at 11:00 a.m.

House

  • HB 1026 Commission, committee, and board administration. Specifies certain duties and responsibilities relating to the operations of various task forces, committees, boards, and councils (statutory entities). Renames the Indiana code revision commission, probate code study commission, and other statutory entities. Specifies that certain statutory entities are subject to the general law governing legislative committees rather than to the law governing the statutory list of interim study committees. Authorizes a designee of the revisor of statutes to serve as a member of the uniform law commission (ULC). Repeals statutes governing the Medicaid oversight committee and relocates them to the law governing interim study committees. Identifies certain state employees serving on statutory entities by their specific job titles. Provides for the reimbursement of expenses of state employees, lay persons, and members of the general assembly serving on statutory entities. [This includes the state Justice Reinvestment Advisory Council.] Specifies the expiration dates of the terms of members of certain statutory entities. (The introduced version of this bill was prepared by the code revision commission.)
    • Passed the House 93-0 on Monday, January 22nd.
    • Referred to the Senate Judiciary Committee and set for hearing on Wednesday, February 21st at 1:30 p.m.
  • HB 1121 Local income taxes. Extends the expiration of provisions concerning a county with a single voting bloc and the allocation of votes for a local income tax council. Specifies the amount of revenue from a local income tax rate imposed for correctional facilities and rehabilitation facilities in a county that may be used for operating expenses of those facilities. Allows a county fiscal body to adopt a local income tax rate for an acute care hospital located in the county. Allows the adopting body in Marion County to adopt a local income tax rate to be used for improvement and services projects (projects) located within the boundaries of the Mile Square area. Provides that if the local income tax rate is adopted, the Mile Square improvement and services projects board is established to use the revenue generated for the projects. Provides that, for the purpose of distributing the local income tax (LIT), if two or more school corporations or civil taxing units merge or consolidate to form a single school corporation or civil taxing unit, the school corporation or civil taxing unit is entitled to the combined pro rata distribution of the LIT revenue allocated to each applicable school corporation or civil taxing unit in existence on January 1 of the immediately preceding calendar year prior to the merger or consolidation. Provides that the department of local government finance shall make certain adjustments pertaining to the distribution of LIT for Floyd County in 2025, which provide that the Highlander Fire Protection District (district) shall receive an amount equal to the combined distribution that would have been distributed to the Greenville Fire Protection District (FPD) and the Lafayette Fire Protection District (FPD) in 2024, but for their elimination resulting from the merger to establish the district. Requires corresponding adjustments in 2025 to reduce the distribution for each applicable civil taxing unit and school corporation in Floyd County, excluding the district, by an amount that equals the proportionate share of the amount of LIT received in 2024 of the combined distribution that would have been distributed to the Greenville FPD and the Lafayette FPD in 2024, but for their elimination. Provides, for purposes of calculating distributions of the financial institutions tax to local taxing units, how to calculate distributions for a taxing unit that did not receive distributions in 2012 because the unit was subsequently established from the merger or consolidation of two or more taxing units that received distributions from the financial institutions tax fund in 2012. Provides, for purposes of calculating qualified distributions of the commercial motor vehicle excise tax to local taxing units, how to calculate base revenue distributions for a taxing unit that did not receive a base revenue distribution in 2001 because the taxing unit was subsequently established from the merger or consolidation of two or more taxing units that received base revenue distributions in 2001. Provides that, for purposes of determining the apportionment or distribution of the motor vehicle excise tax, that the county auditor may make adjustments to reflect the merger or consolidation of two or more taxing units. Authorizes the city of Hammond to impose a food and beverage tax. Authorizes the town of Cicero to impose a food and beverage tax.
    • Passed the House 67-29 on Tuesday, January 30th.
    • Referred to the Senate Tax and Fiscal Policy Committee.
  • HB 1194 State administration. Changes the name of the northwest Indiana law enforcement academy and the northwest Indiana law enforcement training center. Removes the research and information consortium from the composition of the Indiana criminal justice institute (institute). Provides that the board of trustees of the institute shall designate four subcommittees. Provides that the board of trustees for the criminal justice institute must approve certain official actions. Repeals a provision concerning certain joint applications for a particular federal grant. Allows the institute to refer a matter to the inspector general. Changes requirements for a state entity purchasing or leasing a vehicle. Allows for advances of certain grant funds administered by the institute to be awarded before July 1, 2025. Makes conforming changes.
    • Passed the House 97-0 on Monday, February 5th.
    • Passed the Senate Corrections and Criminal Law Committee and reassigned to the Senate Appropriations Committee.
  • HB 1328 Department of local government finance.  Requires a political subdivision to upload to the Indiana transparency website any contract: (1) related to the provision of fire services or emergency medical services; or (2) entered into with another unit or entity that provides fire services or emergency medical services. Requires a political subdivision to annually attest that the political subdivision uploaded any contract related to the provision of fire services or emergency medical services. Provides that if a political subdivision does not submit the attestation, the political subdivision’s most recent annual appropriations and annual tax levy are continued for the ensuing budget year. Requires the department of local government finance (department) to notify the county assessor of the department’s tentative assessment, or information related to tentative valuation changes, of a utility company’s distributable property not later than June 1. Requires a county auditor to submit an amended certified statement of the assessed value for the ensuing year to the department by the later of: (1) September 1; or (2) 15 days after the certified statement is submitted to the department. Prohibits certain civil taxing units that determine they cannot carry out their governmental functions for an ensuing calendar year under various levy limitations from submitting an appeal unless the civil taxing unit receives approval from the appropriate fiscal body to submit the appeal. Similarly prohibits a participating unit of a fire protection territory from submitting an appeal unless each participating unit of the fire protection territory has adopted a resolution approving submission of the appeal. Requires the department, regarding the referendum process for bonds or leases for certain projects, to certify its approval or recommendations to the county auditor and the county election board not more than 10 days after both the required certification of the county auditor and the language of the public question are submitted to the department for review. Provides for the staggering of terms for property tax assessment board of appeals members. Provides that if the department determines that certified computer software or a certified provider is not in compliance with certain specifications or standards or the rules of the department, the department may request that the provider develop a corrective action plan. Provides that a contract with a computer provider under a corrective action plan is not void unless the department: (1) determines that the provider has failed to substantially correct the noncompliance; and (2) revokes the provider’s certification. Establishes corrective action plan provisions for noncompliant computer providers. Requires the department to approve a lower levy freeze tax rate if it finds that the lower rate, in addition to: (1) the supplemental distribution as determined in an adopted resolution; and (2) the amount in certain repealed stabilization funds, as applicable; would fund the levy freeze dollar amount. Requires the department to send its decision regarding referendum language to the governing body of a school corporation not more than 10 days after: (1) the certification of the county auditor; and (2) the resolution is submitted to the department. Provides that, for purposes of the transportation levy component of an operations fund property tax levy, a school corporation, whose budget for the upcoming year is subject to review by a fiscal body, may not submit an appeal to the department unless the school corporation receives approval from the fiscal body. Provides that for a county having a United States government military base that is scheduled for closing, the expiration date of the allocation area may be extended for the purposes of paying certain expenses. Provides that for purposes of public purchasing, the term “public funds” does not include proceeds of bonds payable exclusively by, or used by, a private entity to construct a public facility. Provides a 15% procurement price preference to a business offering to provide supplies or services under a contract awarded by a state agency to a business that provides “specialized employee services” to its employees. Reinstates a provision that was repealed in the 2023 legislative session in Senate Bill 325 that includes as a “homestead” property that is an individual’s principal place of residence, is located in Indiana, and is owned by an entity, if the individual is a shareholder, partner, or member of the entity that owns the property. Provides that no ordinance or safety board action to fix compensation may provide for any increase in the compensation of any member of a police department or fire department, or any other appointee, from the prior budget year if the city has not fixed a budget, tax rate, and tax levy for the ensuing budget year. Provides that a county fiscal body may provide a stipend, not to exceed $2,500, to a circuit court clerk that serves as a voter registration officer each year in which a general election is held. Requires the proper officers of a political subdivision that desire to appropriate more money for a particular year than the amount prescribed in the budget for that year as finally determined to hold a public hearing after submitting information regarding the proposed additional appropriation to the department’s computer gateway. Provides that a county fiscal body may establish a salary schedule that includes a stipend, not to exceed $2,500 in a year, to be paid to the county auditor for duties when warranted as determined by the county fiscal body. Provides that certain acute care hospitals may apply to the division of mental health and addiction for certification as a community mental health center. Requires the division of mental health and addiction to review applications for certification as a community mental health center: (1) to ensure an applicant meets certain standards; and (2) without consideration for previously established exclusive geographic primary service restrictions. Requires a county recorder to provide the owner of a farm with: (1) a copy of the recorded document that contains the name of the owner’s farm; and (2) documentation of a description of the land to which the name of the farm applies. Provides for a maximum property tax levy increase for Knox Township in Jay County. Provides the amount of the additional penalty added to taxes payable if a person fails to file a personal property return within 30 days after the due date. Allows a qualified taxpayer to file a property tax exemption application before September 1, 2024, for eligible property for assessment dates beginning within assessment dates occurring within the six years prior to the assessment date at issue. Provides that if a qualified taxpayer files a property tax exemption application for eligible property: (1) the property tax exemption for the eligible property is allowed and granted for the applicable assessment date by the county assessor and county auditor of the county in which the eligible property is located; and (2) the qualified taxpayer is not required to pay any property taxes, penalties, interest, or tax sale reimbursement expenses with respect to the eligible property for the applicable assessment date. Provides that, to the extent the qualified taxpayer has paid any property taxes, penalties, or interest with respect to the eligible property for an applicable assessment date, the qualified taxpayer is entitled to a refund of the amounts paid.  Makes certain changes to provisions regarding the local income tax rate for local costs of the state judicial system in the county.
    • Passed the House 92-0 on Tuesday, January 30th.
    • Passed the Senate Tax and Fiscal Policy Committee on Tuesday, February 20th.
  • HB 1369 Family and juvenile law matters. Amends the definition for “act of rape” to include all forms of child molestation and sexual misconduct with a minor. Provides that the department of child services or a court shall consider ensuring the child’s safety to be the most important consideration in the determination of a child’s best interests under family and juvenile law. Provides that there is a rebuttable presumption that a child is a child in need of services if the state establishes that the child lives in the same household as an adult who was a perpetrator of a child fatality or near fatality that may have been the result of abuse, abandonment, or neglect. Adds sexual misconduct with a minor as an offense that may be alleged in a petition to terminate the parent-child relationship when a child is conceived as a result of the offense. Amends the circumstances under which a court may terminate the parent-child relationship with regard to a child in need of services [or a child adjudicated delinquent].
    • Passed the House 94-0 on Tuesday, January 30th.
    • Passed the Senate Judiciary Committee and set for second reading in the Senate.
  • HB 1418 Forensic diversion and drug courts. Provides that a pregnant woman charged with a drug crime may be referred to a forensic diversion program or a drug court at an initial hearing.
    • Passed the House 95-0 on Tuesday, January 30th.
    • Passed the Senate Corrections and Criminal Law Committee on Tuesday, February 20th.

 

Dead Bills (Did not pass out of their house of origin by deadline)