POPAI

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 3-14-2024 at 1:00 p.m.  This will be the last update to this page.

Senate

  • SEA 33 Distributions of public safety income tax revenue.  Defines “courtroom costs”. Provides that a county fiscal body may adopt an ordinance to impose a tax rate for: (1) in the case of a tax rate adopted before January 1, 2024, county staff expenses of the state judicial system in the county; or (2) in the case of a tax rate adopted after December 31, 2023, courtroom costs of the state judicial system in the county. Provides that the revenue shall be used by the county: (1) in the case of the tax rate adopted before January 1, 2024, only for paying for county staff expenses of the state judicial system in the county; and (2) in the case of a tax rate adopted after December 31, 2023, only for paying the courtroom costs of the state judicial system in the county. Provides that the local income tax revenue spent by each county may not comprise more than 50% of the county’s total operational staffing expenses related to the courtroom costs of the state judicial system in any given year. Provides that a township fire department, volunteer fire department, fire protection territory, or fire protection district 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 certain submitted applications at a public hearing.
    • Passed the Senate 48-0 on Monday, February 5th.
    • Passed the House 93-0 on Tuesday, February 27th.
    • Signed by the Governor on Wednesday, March 13th.
    • POPAI advocated to remove the “courtroom costs” definition from the bill as it restricts counties from using the newly adopted Judicial LIT to pay for probation services.  Unfortunately, we were not successful in getting the language changed.
  • SEA 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.
    • Passed the Senate 47-1 on Tuesday, February 6th.
    • Passed the House 93-0 on Tuesday, February 20th.
    • Signed by the Governor on Monday, March 11th.
    • 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 advocated to add members to the commission representing community supervision, but unfortunately we were not successful in getting the language changed.
  • SEA 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 from July 1, 2025, through June 30, 2029, certain counties may be reimbursed for 40% of indigent defense services provided for misdemeanors in a superior or circuit court. (Current law excludes misdemeanors from reimbursement.) Requires the commission to submit a report to the legislative council and the budget committee not later than December 1, 2029, concerning the 40% 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 96-2 on Monday, March 4th.
    • Signed by the Governor on Wednesday, March 13th.
  • SEA 282 Various education matters. 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 each governing authority of a school corporation and charter school to establish a truancy prevention policy regarding certain students in kindergarten through grade 6. Provides that a prosecuting attorney shall notify each parent of a child when an affidavit is filed regarding the child’s compulsory attendance violations or if the child is a habitual truant.
    • Passed the Senate 49-0 on Tuesday, February 6th.
    • Passed the House 66-31 on Monday, March 4th.
    • Signed by the Governor on Wednesday, March 13th.
  • SEA 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.
    • Passed the House 98-0 on Monday, March 4th.
    • Signed by the Governor on Wednesday, March 13th.

House

  • HEA 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. 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.
    • Passed the Senate 49-0 on Tuesday, February 27th.
    • Signed by the Governor on Monday, March 11th.
  • HEA 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 to be used only for the operating expenses of the acute care hospital. 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 that funds accumulated from a Perry County special purpose tax rate to construct or improve the county jail after the redemption of bonds issued or final payment of lease rentals due under a lease shall be transferred to a county capital project fund to be used to finance capital projects within Perry County. (Current law specifies that such remaining funds are to be transferred to the county jail operations fund to be used for financing the maintenance and operations of the Perry County detention center.) Allows Grant County, under specified circumstances, to adopt an ordinance to impose a special purpose local income tax rate to fund and finance the construction of a county jail. 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 Knox County to impose its innkeeper’s tax at a rate of 8% (instead of 6% under current law). Provides that, if the tax rate is increased to more than 6%, the portion of the tax rate that exceeds 6% expires on December 31, 2045. 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.
    • Passed the Senate 41-7 on Monday, March 4th.
    • Signed by the Governor on Wednesday, March 13th.
  • HEA 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 for the continued existence of the institute’s division of victim services. 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 48-0 on Tuesday, March 5th.
    • Singed by the Governor on Wednesday, March 13th.
  • HEA 1328 Department of local government finance. 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 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 as a part of the political subdivision budgeting process and specifies the consequence for failure to satisfy the attestation requirement. 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. 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. Extends the duration of an entrepreneur and enterprise district (district) to the later of: (1) December 31, 2029 (rather than December 31, 2024); or (2) five years after the date the district is designated. Amends provisions of a statute pertaining to the assessment of rental property. 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. Reinstates a provision that was repealed in SEA 325-2023 (P.L.182-2023) 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. 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. 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 for a maximum property tax levy increase for Knox Township in Jay County. 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. 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. Amends a provision regarding the local income tax rate for local costs of the state judicial system in the county. 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. 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 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 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. 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 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. Repeals a provision that prohibits a local unit from amending the boundaries of an economic improvement district (EID). Instead, allows a local unit to amend the boundaries of an EID only if an owner of real property wishes to include the owner’s real property in the EID and voluntarily enters into a written agreement with the legislative body of the local unit in which the owner requests and consents to increasing the boundaries of the EID to include the owner’s real property. Specifies that, for real property subject to such a written agreement that is subsequently sold to a new owner, the new owner of that real property may opt out of the prior owner’s agreement. 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. 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.
    • Passed the House 92-0 on Tuesday, January 30th.
    • Passed the Senate 46-1 on Thursday, February 29th.
    • Signed by the Governor on Wednesday, March 13th.
  • HEA 1369 Family and juvenile law matters. Amends the definition for “act of rape”, only for the purposes of IC 31-35-3.5 (termination of parent-child relationship of an individual who committed an act of rape), to include 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.
    • Passed the House 94-0 on Tuesday, January 30th.
    • Passed the Senate 49-0 on Monday, February 26th.
    • Signed by the Governor on Monday, March 11th.
  • HEA 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 46-0 on Thursday, February 29th.
    • Signed by the Governor on Wednesday, March 13th.

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