February 1, 2010

Wednesday is the deadline for bills to be called down for third reading. All bills must pass third reading before they can be assigned to committee in the opposite chamber. IAA continues to monitor and lobby several bills including:

House

HB1073 - Termination of Residential Leases
Author: Rep. Craig Fry, D-Mishawaka
Summary: Provides that a tenant leasing a dwelling may terminate a lease agreement if the tenant is the victim of certain crimes committed in the tenant's unit. Provides that the lease may be terminated through procedures established under the statute providing for court issuance of emergency possessory orders for residential rental units. Establishes the criteria for the court to consider for termination of the tenant's lease agreement.
Action: This bill is waiting to be called for third reading. The bill is named for Sheena Kiska, who was murdered in her apartment in Bristol. Reports indicate that her apartment had been burglarized the month before and she had requested that the management company let her out of her lease. She was not allowed out of her lease and was subsequently killed a month later by an intruder. The case is unsolved and no arrests have been made.
IAA Opinion: IAA is not opposed to this bill when our amendment was added that would allow the termination of the lease if the court decided so under the emergency possessory statute. Rep. Fry is not in favor of this amendment. We will watch closely as the language from this bill has been introduced into HB1240, although HB1073 is still alive.

HB1240 - Various insurance matters
Author: Rep. Craig Fry, D-Mishawaka
Summary: Rep. Fry has amended the original language of HB1073 (Termination of Leases) into this bill.
Action: This bill has passed out of the Insurance Committee and is waiting to be called to the floor on first reading. Fry unsuccessfully tried to add an amendment to the bill that would have landlords provide and maintain $100,000 worth of insurance coverage for injury and death resulting from a crime committed on the rental property and $50,000 for loss of individual's personal property on the rental property. This bill is on second reading.
IAA Opinion: IAA is opposed to this bill with the original language of HB1073 added.
Call to action: We need our members to please e-mail State Representatives today urging them to vote against this with the original HB1073 language in it.

HB1179 - Mecanics Liens
Author: Rep. John Bartlett, D-Indianapolis
Summary: Provides that an employee representative or a third party beneficiary pursuant to a collective bargaining agreement of a person: (1) who performed certain labor; and (2) to whom amounts are due or for whose benefit amounts are computed and due on the basis of the personal labor of the person; has the same rights and remedies pursuant to mechanic's liens as the person who performed the labor. Establishes the interim study committee on mechanic's liens..
Action: This is sitting on third reading in the House.
IAA Opinion: IAA is opposed to this bill and will continue to monitor.

HJR0001 - Circuit breakers and other property tax matters
Author: Rep. William Crawford, D-Indianapolis
Summary: This is the 3-2-1 property tax cap legislation that would put a referendum on the ballot to make the tax caps permanent in the state constitution.
Action: This is now awaiting the governor's signature. It will be on the November ballot.
IAA Opinion: IAA has supported property tax caps and has testified at all committee meetings.

HB1214 - Regulation of residential landlords/tenants
Author: Rep. Terri Jo Austin, D-Anderson
Summary: Imposes certain procedural requirements on the adoption by a political subdivision of a regulation of landlord and tenant relations, residential leases, or inspection of real property subject to a residential lease. Provides that such a regulation may not: (1) require the licensing or registration of owners of residential rental property; or (2) impose a fee for certain inspections. Provides that such a regulation may not authorize investigation or inspection of a rental unit without probable cause.
Action: Assigned to House Judiciary Committee. No hearing has been set, which technically means the bill is dead. However, IAA will attempt to amend it into another bill.
IAA Opinion: This bill was filed on behalf of IAA and is our answer to the onerous rental inspection ordinances that continue to crop up across the state. As municipalities continue to have to trim their budgets, we are finding that more are instituting inspection and registration ordinances to prop up their budgets. Our desire is not to create revenue streams at the expense of renters.

HB1118 - Nuisance actions by community organizations
Author: Rep. John Day, D-Indianapolis
Summary: Allows a community organization within whose specific geographic boundaries a nuisance exists to bring an action under the laws governing: (1) general nuisance actions; (2) actions for indecent nuisances; and (3) actions for drug nuisances; as applicable. Makes the drug nuisance law consistent with the indecent nuisance law by adding the attorney general to the list of prosecuting officials that may bring an action under the drug nuisance law.
Action: This bill was amended on the House floor. Rep. Ralph Foley, R-Martinsville, who voted against the measure in committee, offered three amendments. Two amendments were adopted. One was defeated. One of the approved amendments would strike "public" nuisance from certain areas of the bill. The second passed amendment would add that a community organization may not bring an action to abate or enjoin a private nuisance. The third amendment that did not pass would have required a community organization to get permission from the county prosecutor to proceed with the action.
IAA Opinion: IAA is opposed to this piece of troubling legislation. We still question why this ordinance is needed when people can already file suit against nuisance properties. If made into law, this could put a target on apartment communities across the state if members of a community organization or a homeowners' association decide that neighboring apartments are impeding on their ability to enjoy their property.
Call to Action: We still need our members to call their lawmakers and tell them this is a bad bill because it is creating yet another layer of bureaucracy on an issue where there is already a law in place to ward off nuisance properties. You can go to www.iaaonline.net and click on Legislative Action Center and contact the members of the House or call (800) 382-9842. This bill is still waiting to be called for third reading.

HB1004 - Property taxes
Author: Rep. Dale Grubb, D-Covington
Summary: Changes the formula for assessing agricultural land. Limits the property tax bill for real property based on the consumer price index. Exempts taxes imposed after being approved by the voters in a referendum or local public question and taxes payable in the first year after certaintransfers of title. Makes annual adjustments (trending) biannual.
Action: Passed the House, 82-13.
IAA Opinion: IAA supports this bill, but because of the fiscal impact of the bill in its present form, it has an uncertain future in the Senate.

Senate

SB0175 - Various health issues
Author: Sen. Patricia Miller, R-Indianapolis
Summary: Among other issues, this bill would require the state department to establish a lead-based paint poisoning prevention program concerning renovations performed for compensation in target housing and child-occupied facilities.
Action: Passed out of Senate Health and Provider Services Committee; awaiting a hearing on the Senate floor.
IAA Opinion: IAA testified, during the committee hearing, and the bill was amended to read: "The state department's program must be as protective as, but not more protective than, the federal regulations under 40 CFR Par 745, Subparts E and L."

SB239 - Tax matters
Author: Sen. Brandt Hershman, R-Monticello
Summary: Deletes the statute requiring a general reassessment to begin in 2010. Requires the county assessor of each county to prepare and submit to the department of local government finance (DLGF) a reassessment plan for the county. This would create rolling assessments.
Action: Passed out of Tax and Fiscal Policy Committee; awaiting a hearing on the Senate floor.
IAA Opinion: IAA is monitoring this bill.

Dead Bills

HB1316 - Use of engineered lumber
HB1015 - Limit on real property assessment increases
SB0028 - Limit on property tax assessed value increases