Citations Affected: IC 6-1.1; IC 7.1-3; IC 8-17; IC 14-27; IC 25-1;
IC 25-21.5; IC 32-1; IC 36-2; IC 36-4; IC 36-7; IC 36-9.
Effective: July 1, 2001; January 1, 2002.
January 22, 2001, read first time and referred to Committee on Governmental and
Regulatory Affairs.
February 15, 2001, amended, reported favorably _ Do Pass.
February 19, 2001, read second time, amended, ordered engrossed.
February 20, 2001, engrossed.
February 26, 2001, read third time, passed. Yeas 50, nays 0.
educator to an area plan commission. Allows the county drainage board to collect a drain assessment if the unencumbered balance of the fund is equal to or greater than four times the estimated cost of periodic maintenance of the drain if the board meets certain requirements including a public hearing. Makes other changes concerning county surveyors. Provides that the executive director of the professional licensing agency may review appeals of denials of license renewals, and may disregard certain administrative rules in the review. Provides distance learning methods for continuing education requirements for certain occupations. Requires that three full-time and two part-time land surveyors must be included on the board of registration for land surveyors. Allows the owner of a private drain to request a drainage board to regulate the private drain. Provides that if the assessment of land classified as a filter strip is not satisfactory to the owner, the owner may appeal the assessment to the county property tax assessment board of appeals.
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
SECTION 1. IC 6-1.1-6.7-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) A person who
wishes to have a parcel of land classified as a filter strip must have the
land assessed by the county assessor of the county in which the land is
located.
(b) If the assessment made by the county assessor is not satisfactory
to the owner, the owner may appeal the assessment to a board
consisting of the assessor, auditor, and treasurer the county property
tax assessment board of appeals of the county in which the land
proposed for classification is located. The decision of the board is final.
SECTION 2. IC 7.1-3-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. Premises Outside
Corporate Limits. (a) The commission may issue a beer retailer's
permit for premises situated outside the corporate limits of an
incorporated city or town if the premises are within, or in immediate
proximity to, an unincorporated town:
(1) which has been a settlement or a group of residences for more
than ten (10) years; and
(2) to which the inhabitants of the surrounding countryside resort
for purchases or public meetings or as a community or
neighborhood center; and
(3) which has borne a name and has been known by that name for
more than ten (10) years.
(b) The county surveyor of the county in which the premises is
located shall certify the information set forth in subsection (a) to
the commission.
SECTION 3. IC 8-17-8-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 2. (a) The plan commission or
county executive shall direct the county engineer or may request the
county surveyor to prepare the maps. The county surveyor or the
county engineer may be compensated in addition to the salary the
surveyor or engineer receives for preparation of the maps, in an
amount to be determined by the plan commission or the county
executive, subject to the approval of the county fiscal body.
(b) All expenses incidental to the preparation of the maps, including
the county surveyor's and county engineer's compensation, shall be
paid out of the county general fund.
SECTION 4. IC 14-27-8-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) A petition
requesting the establishment of a drainage maintenance and repair
district under this chapter may not be filed after June 30, 2001.
(b) Twenty percent (20%) of the owners of the real property
assessed for a ditch or drain who:
(1) would benefit by the construction of the ditch or drain; and
(2) own not less than twenty percent (20%) of the land in acreage
that is assessed for the ditch or drain;
may file, in the office of the clerk of a circuit or superior court having
jurisdiction in the county in which is located the greatest acreage of the
land as last assessed with benefits for the construction or reconstruction
of the ditch, a petition requesting the establishment of a drainage
maintenance and repair district.
SECTION 5. IC 25-1-2-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 9. (a) For boards administered by the Indiana
professional licensing agency established by IC 25-1-6-3, the
executive director of the agency may review appeals of denials of
license renewals in accordance with IC 25-1-6-5.5.
(b) When reviewing an appeal of a denial of a license renewal,
the executive director of the agency may disregard any rule
adopted under IC 4-22-2. However, the executive director may not
disregard any statutory requirement under IC 25.
SECTION 6. IC 25-1-4-3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 3. (a) This section does not apply to continuing
education requirements for a practitioner (as defined in
IC 25-1-9-2).
(b) A board or agency regulating a profession or occupation
under this title or under IC 15, IC 16, or IC 22 shall require that at
least fifty percent (50%) of all continuing education requirements
be allowed by distance learning methods.
SECTION 7. IC 25-1-6-3, AS AMENDED BY P.L.82-2000,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 3. (a) There is established the Indiana professional
licensing agency. The licensing agency shall perform all administrative
functions, duties, and responsibilities assigned by law or rule to the
executive director, secretary, or other statutory administrator of the
following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of barber examiners (IC 25-7-5-1).
(5) State boxing commission (IC 25-9-1).
(6) State board of cosmetology examiners (IC 25-8-3-1).
(7) State board of funeral and cemetery service (IC 25-15-9).
(8) State board of registration for professional engineers
(IC 25-31-1-3).
(9) Indiana plumbing commission (IC 25-28.5-1-3).
(10) Indiana real estate commission (IC 25-34.1).
(11) Until July 1, 1996, Indiana State board of television and
radio service examiners (IC 25-36-1-4).
(12) (11) Real estate appraiser licensure and certification board
(IC 25-34.1-8-1).
(13) (12) Private detectives licensing board (IC 25-30-1-5.1).
(14) (13) State board of registration for land surveyors
(IC 25-21.5-2-1).
(b) Except for appeals of denials of license renewals to the
executive director authorized by section 5.5 of this chapter, nothing
in this chapter may be construed to give the licensing agency policy
making authority, which remains with each board.
SECTION 8. IC 25-1-6-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 5.5. (a) A person whose license renewal is denied by
a board listed in section 3 of this chapter may file an appeal of the
denial with the executive director of the licensing agency.
(b) IC 4-21.5-3-29 and IC 4-21.5-3-30 govern the executive
director's review of an appeal filed under subsection (a).
SECTION 9. IC 25-21.5-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) The board
consists of seven (7) members appointed by the governor.
(b) One (1) member must be appointed to represent the general
public who is:
(1) a resident of Indiana; and
(2) not associated with land surveying other than as a consumer.
(c) Six (6) members must be registered land surveyors who actively
engage in the practice of land surveying and who each meet the
following conditions:
(1) Is a citizen of the United States.
(2) Has been a resident of Indiana for at least five (5) years
immediately before the member's appointment.
(3) Is registered in Indiana as a land surveyor.
(4) Has been engaged in the lawful practice of land surveying for
at least eight (8) years.
(5) Has been in charge of land surveying work or land surveying
teaching for at least five (5) years.
(d) Of the registered land surveyors appointed under subsection
(c), three (3) must be engaged in the practice of land surveying on
a full-time basis, and at least two (2) must be engaged in the
practice of land surveying on a part-time basis.
SECTION 10. IC 32-1-1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. (a) Purdue
University shall establish the office of geodetic adviser for the state.
(b) The geodetic adviser shall be appointed and serve at the
discretion of Purdue University. Purdue University shall determine the
amount of compensation for the geodetic adviser.
(c) The geodetic adviser is responsible for the implementation of a
new system of geodetic control monuments in the form of a high
accuracy geodetic reference network that is part of the National Spatial
Reference System and that meets the needs of geodetic and geographic
information users. The geodetic adviser shall coordinate and assist in
following:
(1) The design of the geodetic reference network.
(2) The establishment of any geodetic reference monument.
marking a corner, the owner of the public right-of-way shall notify the
county surveyor in writing at least fifteen (15) days before commencing
the work.
(d) A county legislative body may adopt an ordinance:
(1) prohibiting a person from moving, changing, or otherwise
altering a monument marking a corner without complying
with this section; and
(2) prescribing a monetary penalty for a violation of the
ordinance.
Any money collected shall be deposited in the county surveyor's
corner perpetuation fund.
SECTION 12. IC 36-2-12-16 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 16. The surveyor shall replace
worn maps and plats as required by IC 36-2-17-5(c).
SECTION 13. IC 36-2-17-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) If it is necessary
to preserve the records of:
(1) the circuit court clerk's office;
(2) the county auditor's office;
(3) the county treasurer's office;
(4) the county recorder's office;
(5) the county sheriff's office; or
(6) a court of record; or
(7) the county surveyor's office;
from damage, the county executive shall order the officer in charge of
the records to copy them in suitable books procured by him for that
purpose. The executive shall specify in its order the particular records
or parts of records to be copied.
(b) If:
(1) parts of a county's records have been destroyed;
(2) the remaining parts of the records have been copied to
preserve them from damage; and
(3) the proper holder of the original documents on which the
records were based presents those documents to the officer in
charge of the records;
the officer in charge of the records shall use the original documents to
complete the records, and, if the original index no longer exists, shall
index the completed records.
(c) If a map or plat in the office of the county auditor, or county
recorder, or county surveyor is so worn or defaced that it is not fit for
use, the auditor, or recorder, or surveyor shall make an accurate copy
of the legible part of the map or plat. If a part of the map or plat is
illegible, the auditor or recorder shall resort to the most accurate
sources to complete the copy.
(d) Copies of records made under this section have the same force
as the original records. Certified transcripts of copies of records made
under subsection (a) of this section have the same force as transcripts
of the original records.
(e) Control of the county recorder's records, including copying,
storage, and retrieval is the responsibility of the county recorder.
(f) Control of the county surveyor's records, including copying,
storage, and retrieval is the responsibility of the county surveyor.
SECTION 14. IC 36-4-3-22, AS AMENDED BY P.L.14-2000,
SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 22. (a) The clerk of the municipality shall do the
following:
(1) File each annexation ordinance against which a remonstrance
or an appeal has not been filed during the period permitted under
this chapter or the certified copy of a judgment ordering an
annexation to take place with:
(A) the county auditor of each county in which the annexed
territory is located;
(B) the circuit court clerk of each county in which the annexed
territory is located;
(C) if a board of registration exists, the registration board of
each county in which the annexed territory is located; and
(D) the office of the secretary of state.
(2) Record each annexation ordinance adopted under this chapter
in the office of the county recorder of each county in which the
annexed territory is located.
(b) The copy must be filed and recorded no later than ninety (90)
days after:
(1) the expiration of the period permitted for a remonstrance or
appeal; or
(2) the delivery of a certified order under section 15 of this
chapter.
(c) Failure to record the annexation ordinance as provided in
subsection (a)(2) does not invalidate the ordinance.
(d) The county auditor shall forward a copy of any annexation
ordinance filed under this section to the following:
(1) The county highway department of each county in which the
lots or lands affected are located.
(2) The county surveyor of each county in which the lots or lands
affected are located.
(3) Each plan commission, if any, that lost or gained jurisdiction
over the annexed territory.
(4) The sheriff of each county in which the lots or lands affected
are located.
(5) The township trustee of each township that lost or gained
jurisdiction over the annexed territory.
(6) The office of the secretary of state.
(e) The county auditor may require the clerk of the municipality to
furnish an adequate number of copies of the annexation ordinance or
may charge the clerk a fee for photoreproduction of the ordinance. The
county auditor shall notify the office of the secretary of state of the date
that the annexation ordinance is effective under this chapter.
(f) The county auditor or county surveyor shall, upon determining
that an annexation ordinance has become effective under this chapter,
indicate the annexation upon the property taxation records maintained
in the office of the auditor or the office of the county surveyor.
SECTION 15. IC 36-7-4-208, AS AMENDED BY P.L.103-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 208. (a) ADVISORY. The county plan
commission consists of nine (9) members, as follows:
(1) One (1) member appointed by the county executive from its
membership.
(2) One (1) member appointed by the county fiscal body from its
membership.
(3) The county surveyor or a qualified deputy surveyor appointed
the county surveyor's designee. by the surveyor.
(4) The county agricultural extension educator.
(5) Five (5) members appointed in accordance with one (1) of the
following:
(A) Four (4) citizen members, of whom no more than two (2)
may be of the same political party and all four (4) of whom
must be residents of unincorporated areas of the county,
appointed by the county executive. Also one (1) township
trustee, who must be a resident of an unincorporated area of
the county, appointed by the county executive upon the
recommendation of the township trustees whose townships are
within the jurisdiction of the county plan commission.
(B) Five (5) citizen members, of whom not more than three (3)
may be of the same political party, and all five (5) of whom
must be residents of unincorporated areas of the county
appointed by the county executive.
unincorporated area of the county, appointed by the county
executive. and
(6) One (1) citizen member who is a resident of the
unincorporated area of the county, appointed by the county fiscal
body.
(d) AREA. When there are five (5) county representatives, they are
the representatives listed in subdivisions (3), (4), (5), and (6) of this or
appointed under subsection (c)(3), (c)(4), (c)(5), and (c)(6) and:
(1) the county surveyor or the county surveyor's designee if the
county executive appoints the county agricultural extension
educator under subsection (c)(4); or
(2) the county agricultural extension educator if the county
executive appoints the county surveyor under subsection
(c)(4).
(d) (e) AREA. The appointing authority may appoint an alternate
member to participate on a commission established under section 204
of this chapter in a hearing or decision if the regular member it has
appointed is unavailable. An alternate member shall have all of the
powers and duties of a regular member while participating on the
commission.
SECTION 16. IC 36-9-27-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14. (a) Whenever it
appears to the county surveyor that any proceedings instituted under
this chapter may affect land in more than one (1) county, he shall
immediately forward notification of that fact to the chairman of the
board of each county in which the land is located, by certified mail with
return receipt requested. The notice must state the number of counties
involved and fix a date, hour, and place for a meeting of a joint board.
The date for the meeting may not be less than twenty (20) nor more
than thirty (30) days after the notice is mailed.
(b) After the notice is given, all proceedings in the matter shall be
heard and determined by a board appointed from the membership of
the board of each county in which lands that may be affected are
located, as follows:
(1) If land in two (2) counties may be affected, the chairman of
the board of each county shall appoint two (2) of the members of
his board, other than the county surveyor, to serve on the joint
board. In addition, a fifth member shall be appointed by the four
(4) members of the joint board. The fifth member must reside in
a county that is not affected by the drainage problem.
(2) If land in more than two (2) counties may be affected, the
chairman of the board of each county shall appoint one (1) of the
members of his board, other than the county surveyor, to serve on
the joint board. If, as a result of the appointments, the board
has an even number of members, the members of the joint
board shall appoint an additional member to the joint board.
The additional member must reside in a county that is not
affected by the drainage problem.
(3) The surveyor of the county having the greatest length of drain
or proposed drain serves as an ex officio member of the joint
board, and has the same duties, powers, and responsibilities he
would have if the proposed construction, reconstruction, or
maintenance affected lands lying solely within one (1) county.
(c) A joint board may authorize the employment of one (1) or more
persons to assist the county surveyor who serves on the board in the
performance of his duties in connection with the joint board. The joint
board shall set the rate of compensation for the assistants and authorize
an advance on the general drain improvement fund of each county in
proportion to the apparent percentage of the total land area in each
county to be affected by the drain. The cost of the assistants and the
advance is a part of the operating expense of the joint board, which
shall be finally adjusted and allocated as provided in subsection (e).
(d) Whenever the county surveyor finds that a joint board should be
appointed and that:
(1) the area of affected land in his county exceeds eighty percent
(80%) of the total area of land affected by the drain; or
(2) ninety percent (90%) or more of the length of the affected
drain lies within his county;
he may request in writing that each board in the lesser affected county
or counties waive the right to be represented on a joint board and that
the board of his county be the board for the proceedings. The request
and all subsequent communications in the proceedings, including
notice of any benefits or damages to the lands within a lesser affected
county, shall be forwarded by certified mail with return receipt
requested to the chairman of the board of each lesser affected county.
If the surveyor does not receive a negative response to his request from
the board of a lesser affected county within thirty (30) days, the
surveyor may request his board to resolve itself as the board for the
proceedings. The board shall serve notice only on the board of a lesser
affected county and shall certify to the auditor of that county a single
claim for all benefits in that county, unless the surveyor or board of that
county furnishes to the board full and acceptable information
concerning all individual parcels of affected land in that county,
including maps.
even though the unencumbered balance of the maintenance fund
is equal to or greater than four (4) times the estimated annual cost
of periodic maintenance of the drain for which the fund was
established if the drainage board does the following:
(1) Conducts a public hearing in accordance with section 40
of this chapter.
(2) At the public hearing estimates what the unencumbered
balance of the maintenance fund would be, as a multiple of the
estimated annual cost of periodic maintenance of the drain,
after the collection of the total amount that the board intends
to collect in assessments.
highway or the right-of-way of a railroad company. The county
surveyor shall disapprove the plans and hydraulic data if they do not
show that the structure will meet hydraulic requirements that will
permit the drain to function properly.
(g) Approval of the plans and hydraulic data by a person who is
registered under IC 25-21.5 or IC 25-31 is required before the work can
take place. However, if the county surveyor is not registered under
IC 25-21.5 or IC 25-31, a registered person who is selected under
section 30 of this chapter shall:
(1) review and approve or disapprove the plans and specifications
described in this subsection;
(2) inform the county surveyor in writing of the approval or
disapproval; and
(3) submit all plans, specifications, and hydraulic data along with
the approval or disapproval.
SECTION 21. IC 36-9-27-72 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 72. (a) When, in the
reconstruction or periodic maintenance of a regulated drain, the county
surveyor determines that a private crossing will not adequately handle
the flow of water from the drain or will be endangered by such flow, he
shall in his plans call for the removal of the crossing.
(b) The replacement of a private crossing, when necessary, may be
accomplished as a part of the work of the reconstruction or
maintenance. The estimate by the county surveyor of the cost for the
replacement shall be assessed against the land that would otherwise be
deprived of ingress and egress. However, when a private crossing has
been lawfully established and maintained, the board may assess any
part of the cost of its replacement against all affected lands.
(c) A private crossing, control dam, or other permanent structure
may not be placed over or through an open drain unless the plans and
specifications for the structure are first approved by the county
surveyor. The surveyor shall disapprove the plans and specifications if
they do not show that the structure will meet structural and hydraulic
requirements that will permit the drain to function properly.
(d) All maintenance of a private crossing or of a private structure
within the drain, whether privately constructed or constructed as a part
of work on a drain under this chapter, is the responsibility of the
owners of land served by the private crossing or structure. The owners
are directly responsible for any obstruction or damage to the drain that
results from the existence of the private crossing or structure,
notwithstanding any other provisions of this chapter.
SECTION 22. IC 36-9-27.4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. As used in this
chapter, "natural surface watercourse" means an area of the surface of
the ground over which water from falling rain or melting snow
occasionally and temporarily flows in a definable direction and
channel.
SECTION 23. IC 36-9-27.4-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 12. (a) If a petition filed
under this chapter alleges the obstruction of:
(1) a drain; or
(2) a natural surface watercourse;
the county surveyor of the county in which the obstruction is alleged to
exist shall promptly investigate whether the obstruction exists.
(b) If the county surveyor, upon investigation, finds an existing
obstruction in a drain or natural surface watercourse in the location
alleged in the petition, the county surveyor shall report the existence of
the obstruction to the drainage board.
(c) Upon receiving a report from the county surveyor under
subsection (b), the drainage board shall:
(1) set a date for a hearing on the petition; and
(2) serve notice of the hearing on each owner of the land on which
the obstruction exists who can be identified in the records of the
county recorder.
(d) The hearing must be held at least thirty (30) days but less than
ninety (90) days after the date of the filing of the petition.
(e) Notice of a hearing must be served on mailed to each
respondent with return receipt requested. in the manner prescribed
in:
(1) Rule 4.1 of the Indiana Rules of Trial Procedure, in the case
of a respondent who is an individual; or
(2) Rule 4.6 of the Indiana Rules of Trial Procedure, in the case
of a respondent that is an organization.
SECTION 24. IC 36-9-27.4-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 19. (a) If:
(1) a petition filed under this chapter concerns a drain; and
(2) the drainage board:
(A) finds for the petitioner under section 14(a) of this chapter;
but
(B) does not find under section 15 of this chapter that the
obstruction of the drain was created intentionally by any of the
respondents;
the drainage board shall enter an order under subsection (b).
(b) Upon a determination made under subsection (a), the drainage
board shall enter an order:
(1) authorizing the petitioner to remove the obstruction;
(2) authorizing the respondents to remove the obstruction;
(3) directing the county surveyor to remove the obstruction; or
(4) directing that the obstruction be removed through the joint
efforts of at least two (2) of the persons referred to in this
subsection.
(c) If an order is issued under subsection (b), the costs of removing
the obstruction must be borne by the owners of all the tracts of land
that are benefited by the drain. The order of the board must do the
following:
(1) Identify all tracts of land that are benefited by the drain.
(2) Identify the owners of the tracts of land referred to in
subdivision (1):
(A) who are known to the drainage board; or
(B) whose identity can be determined through the records of
the county recorder. auditor.
(3) Apportion the costs of removing the obstruction among the
tracts of land that are benefited by the drain, assigning to each
tract a certain percentage of the total costs.
(4) Order the owners of each tract of land referred to in
subdivision (1) to pay an amount equal to the product of the total
costs of removing the obstruction multiplied by the percentage
assigned to the tract under subdivision (3).
(d) The percentage of the total costs assigned to a tract under
subsection (c)(3) must correspond to the ratio of the total length of the
drain to the length of the particular segment of the drain that benefits
the tract.