Allows a city, county, or town to bring a nuisance action against a tenant or other person responsible for a nuisance. Defines "essential services" as certain utility services needed for the safe and habitable occupation by a tenant of the tenant's rental unit. Defines "essential systems" as certain systems used to deliver essential services to a rental unit. Requires a landlord to repair or replace an essential system not later than 24 hours after being notified by a tenant that the tenant's rental unit is without essential services under certain circumstances. Provides that a tenant may enforce a statutory obligation of a landlord by providing notice of the landlord's noncompliance and allows for certain remedies to the tenant for the landlord's noncompliance. Provides that, during the pendency of a court action brought by a tenant to enforce a statutory obligation of a landlord, the court may order the tenant to make the regular rental payments otherwise due under the rental agreement to the clerk of the court or an attorney trust account, to be held in trust for disbursal to the prevailing party, as ordered by the court.
Provides that a charitable nonprofit foundation established to hold the proceeds of the sale of certain county hospitals may provide for compensation of the foundation's chairperson. (Under current law, the county treasurer is the foundation's chairperson and the members of the board of the foundation serve without compensation.) Provides that: (1) the county treasurer's service as the board's chairperson is considered to be part of the county treasurer's duties as county treasurer; (2) the chairperson may not vote on, or otherwise participate in, any board action relating to the compensation of the chairperson; (3) if the board provides for the payment of compensation to the chairperson, the compensation is considered to be part of the county treasurer's compensation as county treasurer; and (4) the amount of compensation paid by the foundation is in addition to the salary paid by the county to the chairperson as county treasurer.
Decreases the number of experiential practice hours required to obtain a license as a marriage and family therapist or a therapist associate. Specifies that the hours must be completed during at least 12 months.
A SENATE RESOLUTION honoring the Indiana Citizens Redistricting Commission for their work on the 2021 redistricting process.
Increases the compensation paid in the case of a condemnation taking a fee simple interest in property from the property's fair market value to at least 120% of the fair market value of the property.
Permits the attorney general to request the appointment of a special prosecuting attorney if a prosecuting attorney is categorically refusing to prosecute certain crimes, and establishes a procedure for the appointment of a person to serve as a special prosecuting attorney to prosecute cases that the county prosecuting attorney is refusing to prosecute.
A SENATE RESOLUTION congratulating the First Baptist Church of Greencastle on its 200th anniversary.
Congratulating Fishers Highschool's "We the People: The Citizen and the Constitution" team on winning Indiana's State competition.
Provides that a person who has been found guilty, or guilty but mentally ill, on a charge of causing an unlawful death of a decedent is a constructive trustee of certain property acquired or entitled to be received by the culpable person. Includes a married individual who does not have any dependents and whose death was caused by a spouse within the definition of "adult person" for the purpose of a wrongful death action. Makes conforming changes.
Provides with regard to a rehabilitation or redevelopment project in an economic revitalization area within an excluded city, that when the designating body: (1) receives a formal request for a tax abatement or incentive; or (2) issues an offer letter for a tax abatement or incentive; the designating body must provide written notice to the excluded city.
Amends the statute concerning attachments of equipment by cable operators (attaching entities) to electric distribution poles owned or controlled by rural electric cooperatives or by municipalities providing electric service (pole owners) as follows: (1) Specifies that a pole owner's duty under the law to permit attachments to the pole owner's poles is subject to the terms of a written agreement between the pole owner and the attaching entity. (2) Provides that the written agreement between the attaching entity and the pole owner must establish the process by which the attaching entity may apply for access to the pole owner's poles. (3) Sets forth: (A) a time frame for the pole owner to respond to the attaching entity's application based on the number of poles included in the application; and (B) a pole owner's duty to do one of the following within that time frame: (i) Approve the application and authorize the attaching entity to make the attachments without the need for any make ready work. (ii) Submit to the attaching entity an invoice setting forth all necessary make ready work, the estimated make ready costs, and the estimated make ready completion date. (iii) Reject all or part of the attaching entity's application based on certain concerns that cannot be resolved by make ready work. (4) Specifies that an attaching entity must have the pole owner's written permission specifically authorizing an attachment for each pole on which the attaching entity seeks to place an attachment. (5) Provides that if the attaching entity violates this requirement, the attaching entity shall pay to the pole owner accrued rental fees for each pole on which an unauthorized attachment is made, dating back to the date the attachment is considered to have been made under existing law, plus a $500 penalty for each pole on which an unauthorized attachment is made. (6) Provides that before January 1, 2023, if a contract granting the pole owner's written permission for an attachment to a particular pole does not exist at the time an attachment is made, the attaching entity shall pay to the pole owner accrued rental fees for each pole on which an attachment is made without a contract authorizing the attachment on that pole, dating back to the date the attachment is considered to have been made under existing law, plus any penalty that may be prescribed for such an attachment under any existing contract between the pole owner and the attaching entity. (7) Provides that if, after December 31, 2022, the attaching entity has not paid all accrued rental fees for such attachments made before January 1, 2023, the attaching entity shall, in addition to the accrued rental fees that remain outstanding, be liable for the $500 fine that otherwise applies for each pole on which such an attachment was made before January 1, 2023, and for which the attaching entity has not paid all accrued rental fees. (8) Changes from 90 days (under current law) to 60 days the amount of time by which an attaching entity is responsible for transferring an authorized attachment after receiving written notice from the pole owner to do so. Makes a corresponding change in the amount of time after which the pole owner may rearrange, transfer, or relocate the attaching entity's system (or portion of the system) after the attaching entity has failed to do so. (9) Provides that the pole owner is immune from civil liability for the pole owner's actions in rearranging, transferring, or relocating the attaching entity's system, as long as the pole owner exercises reasonable care in taking such actions, and unless the pole owner's actions constitute gross negligence or willful or wanton misconduct. (10) Creates the offense of unlawful pole attachment, a Class C misdemeanor, for the knowing and intentional attachment to a pole without the pole owner's written permission specifically authorizing the attachment.
Defines "private low stakes card game" and provides a defense to certain gambling crimes if the gambling was a private low stakes card game. Defines "cheating" and makes cheating at gambling a Class A misdemeanor, and increases the penalty for the offense based on the gain obtained by cheating. Makes conforming amendments.
