Indiana General Assembly

The Indiana Apartment Association is the only organization that lobbies the State Legislature on behalf of the multifamily housing industry. Our responsibility to our members is to make sure your voice is heard in the halls of the Indiana Statehouse. The General Assembly is a part-time elected body that alternates each year with a long and short session. The legislative session begins in January of each year. IAA uses its contacts and years of lobbying experience to track bills as they move through the process.

2013 Bills

During the session, IAA is at the Statehouse daily meeting with lawmakers and their staffs to assure the interests of the multifamily industry are met.

To see the full list of all the bills IAA is tracking during the 2013 session of the Indiana General Assembly, go to the Legislative Action Center.

While we are currently tracking dozens of bills, we have highlighted a few below (Click on the bill title for more information):

HB1313 – Regulation of Residential Leases

IAA has been battling municipalities over the adoption of rental registration/inspection ordinances that charge exorbitant annual fees from $50 to $250 per unit. Two years ago, the governor signed a law that limits a city or town to use the collected fees only for the registration program. Municipalities have largely ignored this law and continued to pass ordinances with large fees attached and earmarked that money for other areas of their budgets, including police departments.

HB1313, which was introduced by Rep. Mike Speedy, R-Indianapolis, currently:

Does:

Assign to interim study committee the topic of local regulation of rental properties
Impose a temporary (16-month) moratorium on the following local-government mandates:
- Requirement that landlord obtain license or permit for privilege of leasing rental property.
- Requirement that landlord take class or enroll in government program as condition for leasing rental property.
- Imposition of new fees (except building-permit fees) in connection with rental property.
Provide that moratorium ends July 1, 2014.

Does Not:

Ban local governments from inspecting rental property.
Ban local governments from conducting other safety measures at rental properties.
Ban local governments from requiring that landlords register their rental property.
Ban local governments from imposing other kinds of fees.
Ban local governments from amending rental ordinances in place on February 28, 2013.

SB0615 – Real Estate Agents and Brokers

Provides that to be a managing broker licensed under the real estate licensing law, an individual must meet certain requirements. Provides that real estate licenses are valid for a term of three years and expire on a date set by the licensing agency. Removes a requirement that the Indiana real estate commission must adopt certain rules annually. Specifies the continuing education needed for managing brokers during the transition period for the licensing provisions taking effect July 1, 2014. Requires that instructors providing training for real estate licensees must have permits to teach.

SB0363 – Smoke Detector Batteries

Requires that the battery in a battery operated smoke detector installed in hotels, motels, and dwellings be a tamper resistant 10 year lithium battery.

SB0152 – Property Tax Assessments

Provides that in the case of real property that is the subject of a property tax appeal in which the gross assessed value is determined by the property tax assessment board of appeals (PTABOA), if the assessed value is increased above the amount determined by the PTABOA the assessor has the burden of proving that the assessment is correct. Specifies that this provision does not apply to real property that was valued using the income capitalization approach in an appeal. Specifies, however, that the assessed value is to be adjusted for the annual adjustment factor, the general reassessment of real property, and any physical change to the property. Provides that the assessed value may be changed if the ownership of the property changes.

HB1544 – Various Tax Matters

Along with other tax matters, this bill clearly defines the term "common areas" for purposes of the circuit breaker credit law.

HB1248 – Sewer Liens for Tenant Occupied Property

Provides that for purposes of the statutes governing municipal sewer utilities and storm water works, a lien does not attach for user fees assessed against real property occupied by someone other than the owner if either of the following applies: (1) The property owner or the tenant gives notice to the entity assessing the fees that the tenant is responsible for paying the fees and requests that the account or other customer or billing records maintained by the assessing entity for the property be in the name of the tenant. (2) The account or other customer or billing records maintained by the assessing entity for the property otherwise indicate that: (A) the property is occupied by someone other than the owner; and (B) the person occupying the property is responsible for paying the user fees for the property.

HB1445 – Landlord Registry

Requires each municipality to adopt an ordinance requiring the annual registration of owners of one or two family residential rental property beginning April 1, 2016. Requires an owner of such residential rental property to designate for each such rental property a local agent who is physically located in Indiana. Provides that the local agent is responsible for operating the rental property in compliance with all applicable laws and ordinances, providing access to rental premises for inspections necessary to ensure compliance with the applicable laws and ordinances, maintaining a current list of the names and contact numbers of the tenants of each rental unit for which the local agent is responsible, and accepting all legal notices or service of process with respect to the rental property.

HB1539 – Methamphetamine decontamination grant program

Establishes a methamphetamine decontamination grant program to provide grants to property owners for the cleanup of property damaged by the manufacture of methamphetamine. Specifies that a person may receive the lesser of: (1) 50% of the cleanup costs; or (2) $10,000. Requires disclosure if a property was previously used as a site to manufacture methamphetamine, unless the property is certified as decontaminated by an inspector approved by the department of environmental management.

2013 Legislative Calendar

Monday, October 22, 2012: Senators may begin filing bills for the 2013 Session. (Senate Rule 44) Senator can file an unlimited number of bills (Senate Rule 48(a))
Tuesday, November 20, 2012: Organization Day for the 2013 Session (IC 2-2.1-1-2(a)) Representatives may begin filing bills (House Rule 103)
Tuesday, January 8, 2013: Senators may file only two bills per business day beginning today. (Senate Rule 48(a))
Monday, January 14, 2013: Latest day session must reconvene (IC 2-2.1-1-2(d)) Friday, January 11, 2013: Deadline for filing Senate bills (Senate Rule 48(a)) not later than 4:00 p.m.
Monday, January 14, 2013: Deadline for filing House bills (Fourth meeting day in January) (House Rule 107.1, not later than 2:00 p.m.)
Tuesday, January 15, 2013: Filing of House vehicle bills (Fifth meeting day in January) (House Rule 106.1)
Seven (7) calendar days after: Last day Senate bills may be assigned to Senate last date committees. (Seven (7) calendar days following the last day for filing Senate bills and resolutions (Senate Rule 49(a))
Ten (10) calendar days after filing: Last day House bi11s may be assigned to committees unless committees have not been appointed, in which case bills shall be referred within ten (10) calendar days after the appointment of committees. (House Rule 112)
Tuesday, February 26, 2013: Last day for 3rd reading of Senate bills in Senate (Senate Rule 79(a), subject to Senate Rule 88(b))
Noon Tuesday, February 26, 20: Last day for Senate to receive House bills (Senate Rule 79(c), subject to Senate Rule 88(b))
Monday, February 25, 2013: Last day for 3rd reading of House bills in House (House Rule 147.1 )
Monday, April 15, 2013: Last day for 3rd reading of Senate bills in House (House Rule 148.1)
Wednesday, April 10, 2013: Last day for 3rd reading of House bills in the Senate (Senate Rule 79(b))
Monday, April 15, 2013: Last day for House adoption of conference committee reports without Rules Committee approval (House Rule 161.1)
Wednesday, April 10, 2013: Last day for Senate adoption of conference committee reports without Rules Committee approval (Senate Rule 86(j))
Monday, April 29, 2013: Last day for adjournment of both houses (IC 2-2.1-1-2(d)).