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.
A SENATE RESOLUTION memorializing William R. Kellems.
Provides that a county treasurer shall waive the delinquent property tax penalty if a taxpayer or taxpayer's representative: (1) petitions the county treasurer to waive the penalty not later than 30 days after the due date of the installment subject to the penalty; and (2) files with the petition written proof that during the seven day period ending on the installment due date the taxpayer or an immediate family member of the taxpayer died. Provides that the county treasurer shall give written notice to the taxpayer or the taxpayer's representative by mail of the treasurer's determination on the petition not later than 30 days after the petition is filed. Provides that the department of local government finance shall prescribe the form of the petition and the type of written proof required. Provides that a taxpayer or a taxpayer's representative may appeal a determination of the county treasurer to deny a penalty waiver by filing a notice in writing with the treasurer not more than 45 days after the treasurer gives the taxpayer or the taxpayer's representative notice of the determination.
Specifies that "reasonable force" includes the pointing of a loaded or unloaded firearm for purposes of self-defense and arrest statutes.
Establishes certain conditions of parole for a person on lifetime parole and makes the violation of parole conditions and commission of specified other acts by a person on lifetime parole a Level 6 felony, with an enhancement to a Level 5 felony for a second or subsequent offense. Provides that, for purposes of calculating accrued time and good time credit, a calendar day includes a partial calendar day.
In Marion County, allows the: (1) board of directors (board) of an agricultural fair society, association, or corporation; or (2) the county legislative body; that owns or operates a county fairgrounds to place one digital billboard at a location on the county fairgrounds selected by the board. Provides that placement of the digital billboard: (1) is not subject to local planning and zoning; and (2) remains subject to state and federal laws governing digital billboards adjacent to highway systems. Provides that the board must: (1) give notice to the plan commission, county, or municipality as appropriate; and (2) hold a public hearing; before installing the digital billboard. Provides that the owner of the real property of the county fairgrounds shall receive any revenue from a lease of the property to the digital billboard's owner for the placement of the digital billboard on the property.
Requires the Indiana utility regulatory commission (IURC) to include in its annual report to the governor and the chairman of the legislative council the following information concerning utility grade wind power devices (devices) and utility grade solar energy facilities (facilities) for each county in Indiana: (1) The total number of devices and facilities installed or under construction. (2) The total generating capacity of the devices and facilities. (3) The county's total land acreage that is occupied by, or otherwise part of a project or development that includes, one or more devices or facilities. (4) Of the occupied acreage, the percentage of that acreage that was assessed as agricultural land for property tax purposes: (A) as of the most recent assessment date; or (B) immediately before the commencement of construction of one or more devices or facilities on the land. Requires the IURC to present: (1) the IURC's annual report to the interim study committee on energy, utilities, and telecommunications (committee) before October 1 each year; and (2) the new information required under the bill: (A) before October 1, 2022, to the 21st century energy policy development task force; and (B) before October 1 of each year, to the standing committees of the senate and the house of representatives having subject matter jurisdiction over agricultural matters. Makes conforming amendments to the statute governing the committee's duties to monitor changes and competition in the energy utility industry.
Provides that a registered owner of a motor vehicle commits an infraction if the owner's vehicle is used to violate the school bus stop arm law. Provides a defense for a registered owner who provides certain information to law enforcement and fully cooperates with law enforcement, if: (1) the vehicle was stolen; (2) the registered owner routinely engages in the business of renting the vehicle; (3) the registered owner provided the vehicle for the use of an employee; or (4) the registered owner provides documentary evidence that the owner was out of state at the time the violation was committed. Specifies that: (1) the bureau of motor vehicles may not assess points for the infraction; and (2) an adjudication for the infraction does not create a presumption of liability in a civil action.
Honoring Representative Donald Lehe.
