Provides that the executives of one or more counties may adopt ordinances designating their counties as members of a proposed watershed development commission and that the proposed watershed development commission is established as a legal entity with the counties as its members if it is recognized by the natural resources commission. Requires the natural resources commission, in deciding whether to recognize a proposed watershed development commission, to answer certain questions. Provides that a nonmember county may become a member of an established watershed development commission if its membership is accepted by the member counties and recognized by the natural resources commission. Requires the department of natural resources (department), with the approval of the natural resources commission, to certify the area of a member county that is within a watershed development commission's designated watershed. Sets forth certain flood control and drainage purposes for which a watershed development commission may be established. Requires a watershed development commission to develop a flood control and drainage plan for its designated watershed and grants a watershed development commission exclusive authority to perform drainage and flood control activities within the channel of the river that is the surface water outlet of the commission's designated watershed. Provides for a watershed development commission to be governed by a board that includes the director of the department (or the director's designee) and one representative of each member county. Establishes an advisory committee for each watershed development commission to provide counsel to the board. Provides for the funding of a watershed development commission through an annual special assessment against each taxable parcel of real property that is located: (1) in a member county; and (2) within the designated watershed of the watershed development commission. Authorizes a member county to adopt any of three alternative methods of funding the watershed development commission. Authorizes a watershed development commission to give preference to an Indiana business over an out-of-state business in contracting for public works. Allows the Maumee River basin commission, the St. Joseph River basin commission, or the Upper Wabash River basin commission to be transformed into a watershed development commission if the county executives of all participating counties, by vote of at least two of the three members of the county executive, approve the proposed transformation.
Rep. Mike Aylesworth
Sponsored bills
Provides that, after June 30, 2023, if a dwelling is connected to a residential onsite sewage system: (1) the residential onsite sewage system must be inspected by a qualified inspector and the property owner must state the inspector's determination in the real estate sales disclosure form required under current law; and (2) if the residential onsite sewage system is not inspected, if the inspector determines that the residential onsite sewage system is failing and the property owner does not state the inspector's determination in the disclosure form, or if the property owner does not submit a disclosure form to the buyer before accepting the buyer's offer, the transaction transferring ownership of the dwelling is voidable at the election of the buyer, even after the closing. Provides that, after June 30, 2023, a county recorder may not record a deed transferring a fee simple interest in a nondwelling structure connected to a commercial onsite sewage system unless: (1) the commercial onsite sewage system is inspected by a qualified inspector; (2) a document certifying that the inspection has been conducted and setting forth the inspection results is provided to the local health department, the county recorder, and the person to whom the fee simple interest is being transferred; and (3) if the commercial onsite sewage system exhibits any condition constituting system failure, the person to whom the fee simple interest in the nondwelling structure is being transferred presents to the local health department and the county recorder an affidavit stating that the cause of system failure: (A) has been eliminated; or (B) will be eliminated before the person uses the nondwelling structure for the purpose for which the person is acquiring the structure. Provides that, after June 30, 2023, a county recorder may not record a deed transferring a fee simple interest in a lot or tract of land containing a water well in addition to a residential or commercial onsite sewage system unless: (1) water from the water well is tested by a qualified tester for the presence of arsenic, nitrate, lead, and coliform bacteria; and (2) a document certifying that the testing has been conducted and setting forth the results is provided to the local health department, the county recorder, and the person to whom the fee simple interest is being transferred. Establishes exceptions to these inspection and testing requirements. Provides that the failure of the property owner to provide the document certifying and setting forth the results of the commercial onsite sewage system inspection or well water testing: (1) is a complete defense to an action brought by the property owner against a prospective transferee for breach of a contract to purchase the property; and (2) is a breach of a legal duty owed to a transferee for which the transferee may bring a civil action for compensatory damages. Requires the state department of health to adopt rules.
Requires the person or entity having authority over a child care facility or preschool to test the drinking water in the child care facility or preschool before January 1, 2025, to determine whether lead is present in the drinking water in a concentration equal to or exceeding 15 parts per billion. Excepts a child care facility or preschool from this testing requirement if its drinking water: (1) was tested through the Lead Sampling Program for Schools and Child Care Facilities conducted by the Indiana finance authority in 2019 and 2020; or (2) has otherwise been tested for lead at least once after 2017. Provides that, if testing indicates that lead in the drinking water of a child care facility or preschool equals or exceeds 15 parts per billion, the person or entity having authority over the child care facility or preschool is required to take action to reduce the concentration of lead to below 15 parts per billion.
Provides that county, township, and town residency requirements prescribed by Article 6, Section 6 of the Constitution of the State of Indiana do not apply to city or town court judges. This proposed amendment has not been previously agreed to by a general assembly.
Allows a disabled veteran who rents a dwelling as a principal place of residence to claim an additional renter's deduction of up to $3,000 from the disabled veteran's adjusted gross income.
Allows a county executive and county fiscal body to adopt identical resolutions to initiate a court action to remove the county's auditor, treasurer, recorder, surveyor, or assessor (county officer) for: (1) neglect of duties; (2) charging illegal fees; or (3) failing to be physically present in the county officer's office for a reasonable amount of time each month. (Under current law, an action for removal of an officer may only be initiated in court on the oath of a person and for a violation described in (1) or (2)). Provides that it is a defense to an action for a violation described in (3) that the county officer's absence was due to serious illness of the county officer or the county officer's spouse, parent, child, or stepchild or military service.
Makes changes to the information required in the township's annual report. Requires the township trustee to annually certify and note on the township budget submitted to the department of local government finance's computer gateway that the township's uniform written standards for township assistance have been filed with the board of county commissioners. Allows a township trustee to be appointed as a director of a county building authority. Provides that a township is not required to publish the portion of its annual abstract of receipts and expenditures that provides statements of: (1) receipts, showing their source; and (2) expenditures, showing the combined gross payment, according to classification of expense, to each person. Provides that the abstract must state that a complete abstract containing the statements described in (1) and (2) is filed with and available for public inspection in the county auditor's office. Aligns the township trustee's maintenance duties regarding township cemeteries with the township trustee's maintenance duties as to other cemeteries maintained by the township.
Provides that the judicial nominating commission (commission) for the Lake and St. Joseph superior courts consists of seven voting members, with three voting members appointed by the governor and three voting members appointed by the county board of commissioners, and the chief justice of Indiana or the chief justice's designee serving ex officio as a voting member only to resolve tie votes and as chairperson of the commission. (Current law provides that the commission for the Lake superior court consists of nine members.) Provides that the governor must appoint to the commission one attorney member, one nonattorney member who has never been licensed to practice law, and one member that is a woman. Provides that the county board of commissioners must appoint to the commission one attorney member, one nonattorney member who has never been licensed to practice law, and one member that is from a minority group. Provides that the chairperson of the commission shall have standing to dispute the validity of an appointed member. Provides that a voting member of the commission for: (1) the Lake superior court shall reside in Lake County; and (2) the St. Joseph superior court shall reside in St. Joseph County. Provides that a voting member may not have a prior felony conviction. Repeals provisions concerning the appointment of nonattorney commissioners and the election of attorney commissioners to the commission. Provides that after the commission has nominated and submitted to the governor the names of five persons to fill a vacancy in the Lake or St. Joseph superior court, the governor shall select the most qualified person to fill the vacancy. (Current law provides that the commission for the Lake superior court nominate and submit to the governor the names of three people to fill a vacancy in the superior court.) Makes conforming changes.
Provides that certified level two assessor-appraisers and certified level three assessor-appraisers may serve as tax representatives under certain circumstances. Provides that a taxpayer may submit a written complaint to the department of local government finance if the taxpayer has reason to believe the assessing official failed to adhere to Uniform Standards of Professional Appraisal Practice or does not have the necessary competency to perform the assessment. Provides that notice of a taxpayer's right to submit a written complaint must be included on the taxpayer's notice of assessment or reassessment.
Provides that a qualifying farmer may apply to a designating body to have an area designated as an urban agricultural zone. Provides that the term "urban agricultural zone" does not include rooftop gardening or farming practices that occur on the top of a building or residential home. Provides that a designating body, before designating an area as an urban agricultural zone, must hold a public hearing and allow for public comment. Provides that a designating body may exempt lands located partially or wholly within an urban agricultural zone from property taxation. Specifies that a designating body may not impose a special benefit tax for public services provided to an urban agricultural zone, unless the designating body imposed the special benefit tax before it designated the area as an urban agricultural zone.