reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 20.2. Nepotism › 36-1-20.2-11. Employee Not in Violation if Relative Assumes Elected Office; Promotions

Sec. 11. (a) This section applies to an individual who:
(1) is employed by a unit on the date the individual's relative begins serving a term of an elected office of the unit; and
(2) is not exempt from the application of this chapter under section 2 of this chapter.
(b) Unless a policy adopted under section 9 of this chapter provides otherwise, an individual may remain employed by a unit and maintain the individual's position or rank even if the individual's employment would violate section 10 of this chapter.
(c) Unless a policy adopted under section 9 of this chapter provides otherwise, an individual described in subsection (b) may not:
(1) be promoted to a position; or
(2) be promoted to a position that is not within the merit ranks, in the case of an individual who is a member of a merit police department or merit fire department;
if the new position would violate section 10 of this chapter.
As added by P.L.135-2012, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 20.2. Nepotism › 36-1-20.2-12. Employment Contract Not Abrogated

Sec. 12. This chapter does not abrogate or affect an employment contract with a unit that:
(1) an individual is a party to; and
(2) is in effect on the date the individual's relative begins serving a term of an elected office of the unit.
As added by P.L.135-2012, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 20.2. Nepotism › 36-1-20.2-13. Sheriff's Employment of Spouse as Prison Matron Allowed

Sec. 13. Unless the policy adopted under section 9 of this chapter provides otherwise, a sheriff's spouse may be employed as prison matron for the county under IC 36-8-10-5 and the spouse may be in the sheriff's direct line of supervision.
As added by P.L.135-2012, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 20.2. Nepotism › 36-1-20.2-14. Employment of Former Coroner Allowed

Sec. 14. Unless the policy adopted under section 9 of this chapter provides otherwise, an individual:
(1) who served as coroner;
(2) who is currently ineligible to serve as coroner under Article 6, Section 2(b) of the Constitution of the State of Indiana;
(3) who, as coroner, received certification under IC 36-2-14-22.3; and
(4) whose successor in the office of coroner is a relative of the individual;
may be hired in the position of deputy coroner and be in the coroner's direct line of supervision.
As added by P.L.135-2012, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 20.2. Nepotism › 36-1-20.2-15. Township Trustee; Hiring of Relative to Work in Office Located in Residence Permitted; Salary Limit

Sec. 15. If the township trustee's office is located in the township trustee's personal residence, unless the policy adopted under section 9 of this chapter provides otherwise the township trustee may hire only one (1) employee who is a relative. The employee:
(1) may be hired to work only in the township trustee's office;
(2) may be in the township trustee's direct line of supervision; and
(3) may not receive total salary, benefits, and compensation that exceed five thousand dollars ($5,000) per year.
As added by P.L.135-2012, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 20.2. Nepotism › 36-1-20.2-16. Annual Certification by Elected Officer

Sec. 16. Each elected officer of the unit shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this chapter. An officer shall submit the certification to the executive of the unit not later than December 31 of each year.
As added by P.L.135-2012, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 20.2. Nepotism › 36-1-20.2-17. Noncompliance Reported to the Department of Local Government Finance

Sec. 17. If the state board of accounts finds that a unit has not implemented a policy under this chapter, the state board of accounts shall forward the information to the department of local government finance.
As added by P.L.135-2012, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 20.2. Nepotism › 36-1-20.2-18. Budget or Additional Appropriations May Not Be Approved

Sec. 18. If a unit has not implemented a policy under this chapter, the department of local government finance may not approve:
(1) the unit's budget; or
(2) any additional appropriations for the unit;
for the ensuing calendar year until the state board of accounts certifies to the department of local government finance that the unit is in compliance with this chapter.
As added by P.L.135-2012, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 21. Contracting With a Unit › 36-1-21-2. "Elected Official"

Sec. 2. As used in this chapter, "elected official" means:
(1) the executive or a member of the executive body of the unit;
(2) a member of the legislative body of the unit; or
(3) a member of the fiscal body of the unit.
As added by P.L.135-2012, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 21. Contracting With a Unit › 36-1-21-3. "Relative"

Sec. 3. (a) As used in this chapter, "relative" means any of the following:
(1) A spouse.
(2) A parent or stepparent.
(3) A child or stepchild.
(4) A brother, sister, stepbrother, or stepsister.
(5) A niece or nephew.
(6) An aunt or uncle.
(7) A daughter-in-law or son-in-law.
(b) For purposes of this section, an adopted child of an individual is treated as a natural child of the individual.
(c) For purposes of this section, the terms "brother" and "sister" include a brother or sister by the half blood.
As added by P.L.135-2012, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 21. Contracting With a Unit › 36-1-21-4. Adoption of More Stringent or Detailed Requirements

Sec. 4. (a) This chapter establishes minimum requirements regarding contracting with a unit. The legislative body of the unit shall adopt a policy that includes, at a minimum, the requirements set forth in this chapter. However, the policy may:
(1) include requirements that are more stringent or detailed than any provision in this chapter; and
(2) apply to individuals who are exempted or excluded from the application of this chapter.
The unit may prohibit or restrict an individual from entering into a contract with the unit that is not otherwise prohibited or restricted by this chapter.
(b) The annual report filed by a unit with the state board of accounts under IC 5-11-13-1 must include a statement by the executive of the unit stating whether the unit has implemented a policy under this chapter.
As added by P.L.135-2012, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 21. Contracting With a Unit › 36-1-21-5. Contract Disclosure Requirements

Sec. 5. (a) A unit may enter into a contract or renew a contract for the procurement of goods and services or a contract for public works with:
(1) an individual who is a relative of an elected official; or
(2) a business entity that is wholly or partially owned by a relative of an elected official;
only if the requirements of this section are satisfied and the elected official does not violate IC 35-44.1-1-4.
(b) A unit may enter into a contract or renew a contract with an individual or business entity described in subsection (a) if:
(1) the elected official files with the unit a full disclosure, which must:
(A) be in writing;
(B) describe the contract or purchase to be made by the unit;
(C) describe the relationship that the elected official has to the individual or business entity that contracts or purchases;
(D) be affirmed under penalty of perjury;
(E) be submitted to the legislative body of the unit and be accepted by the legislative body in a public meeting of the unit prior to final action on the contract or purchase; and
(F) be filed, not later than fifteen (15) days after final action on the contract or purchase, with:
(i) the state board of accounts; and
(ii) the clerk of the circuit court in the county where the unit takes final action on the contract or purchase;
(2) the appropriate agency of the unit:
(A) makes a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered; or
(B) makes a certified statement of the reasons why the vendor or contractor was selected; and
(3) the unit satisfies any other requirements under IC 5-22 or IC 36-1-12.
(c) An elected official shall also comply with the disclosure provisions of IC 35-44.1-1-4, if applicable.
(d) This section does not affect the initial term of a contract in existence at the time the term of office of the elected official of the unit begins.
As added by P.L.135-2012, SEC.8. Amended by P.L.13-2013, SEC.150.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 21. Contracting With a Unit › 36-1-21-6. Annual Certification by Officer

Sec. 6. Each elected officer of the unit shall annually certify in writing, subject to the penalties for perjury, that the officer is in compliance with this chapter. An officer shall submit the certification to the executive of the unit not later than December 31 of each year.
As added by P.L.135-2012, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 21. Contracting With a Unit › 36-1-21-7. Noncompliance Reported to the Department of Local Government Finance

Sec. 7. If the state board of accounts finds that a unit has not implemented a policy under this chapter, the state board of accounts shall forward the information to the department of local government finance.
As added by P.L.135-2012, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 21. Contracting With a Unit › 36-1-21-8. Budget or Additional Appropriations May Not Be Approved

Sec. 8. If a unit has not implemented a policy under this chapter, the department of local government finance may not approve:
(1) the unit's budget; or
(2) any additional appropriations for the unit;
for the ensuing calendar year until the state board of accounts certifies to the department of local government finance that the unit has adopted a policy under this chapter.
As added by P.L.135-2012, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 22. Regulation of Builders or Remodelers › 36-1-22-3. "Remodeler"

Sec. 3. As used in this chapter, "remodeler" means a person engaged in altering, repairing, restoring, maintaining, or modifying an existing residential dwelling.
As added by P.L.218-2014, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 22. Regulation of Builders or Remodelers › 36-1-22-4. "Residential Dwelling"

Sec. 4. As used in this chapter, "residential dwelling" means a building or part of a building occupied by or intended for the occupancy of one (1) or more individuals. The term does not include a residential dwelling that is owned by the political subdivision.
As added by P.L.218-2014, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 22. Regulation of Builders or Remodelers › 36-1-22-5. Local Licensing of Builders or Remodelers Prohibited

Sec. 5. After February 28, 2013, a political subdivision may not adopt an ordinance, rule, policy, or other requirement providing that a builder or remodeler must be licensed, certified, permitted, registered, or listed by the political subdivision as a condition to the builder or remodeler:
(1) constructing a new residential dwelling; or
(2) remodeling an existing residential dwelling.
As added by P.L.218-2014, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 22. Regulation of Builders or Remodelers › 36-1-22-6. Local Regulation Unaffected by Prohibition

Sec. 6. This chapter does not do any of the following:
(1) Void an ordinance, rule, policy, or other requirement of a political subdivision adopted before March 1, 2013.
(2) Prohibit a political subdivision from doing any of the following:
(A) Requiring a person who engages in a specific building or construction trade, including an electrician, a plumber, a tile layer, a landscaper, or a practitioner of another specific trade, to be licensed, permitted, registered, or listed by the political subdivision before engaging in the specific building or construction trade.
(B) Issuing building permits, septic system permits, certificates of appropriateness, zoning approvals, plat approvals, and other permits and approvals that regulate the use, planning, and development of property.
As added by P.L.218-2014, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 23. Fiscal Body Members Serving as Volunteer Firefighters; Abstention From Voting › 36-1-23-2. Abstention From Voting on Budget and Tax Levies

Sec. 2. A member of the fiscal body of a unit may not participate in a vote on the adoption of the unit's budget and tax levies if the member is:
(1) an employee of a volunteer fire department; or
(2) a volunteer firefighter in a fire department;
that provides fire protection services to the unit under a contract (excluding a mutual aid agreement) or as the unit's fire department.
As added by P.L.184-2015, SEC.13. Amended by P.L.257-2019, SEC.100.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 23. Fiscal Body Members Serving as Volunteer Firefighters; Abstention From Voting › 36-1-23-3. Majority of Fiscal Body Members Abstain From Voting; Continuation of Previous Year's Budget and Tax Levies

Sec. 3. Notwithstanding any other law, if at least a majority of the members of the unit's fiscal body are precluded from voting on the unit's budget and tax levies under section 2 of this chapter, the unit's most recent annual appropriations are continued for the ensuing budget year, subject to the following:
(1) The executive of the unit may petition the county fiscal body for an increase in the unit's budget under section 4 of this chapter.
(2) The executive of the unit may petition the county fiscal body for any additional appropriations under section 5 of this chapter.
As added by P.L.184-2015, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 23. Fiscal Body Members Serving as Volunteer Firefighters; Abstention From Voting › 36-1-23-4. Petition for Increase in Budget and Property Tax Levies

Sec. 4. The executive of the unit may petition the county fiscal body for an increase in the unit's budget and property tax levies. The county fiscal body may grant or deny the petition only after conducting a public hearing on the petition.
As added by P.L.184-2015, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 23. Fiscal Body Members Serving as Volunteer Firefighters; Abstention From Voting › 36-1-23-5. Petition for Additional Appropriations

Sec. 5. The county fiscal body may adopt any additional appropriations of the unit by ordinance before the department of local government finance may approve the additional appropriation.
As added by P.L.184-2015, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-1. Applicability

Sec. 1. (a) This chapter does not apply to a unit that has adopted a zoning ordinance or any other ordinance before January 1, 2018, that prohibits, regulates, or restricts short term rentals in any manner.
(b) Any reference in this chapter (except for this section) to a zoning ordinance or other ordinance does not apply to a zoning ordinance or other ordinance of a unit described in subsection (a).
(c) A unit may amend or delete any provision of an ordinance described in subsection (a) after December 31, 2017, without complying with or becoming subject to this chapter.
(d) A unit may repeal an ordinance described in subsection (a). However, in repealing the ordinance, the unit concurrently becomes subject to this chapter.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-2. "Owner"

Sec. 2. As used in this chapter, "owner" means a person that has an interest in title or a present possessory interest in property that is offered to the public as a short term rental.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-3. "Owner Occupied Short Term Rental Property"

Sec. 3. As used in this chapter, "owner occupied short term rental property" means property that is the owner's primary residence and is offered to the public as a short term rental.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-5. "Permitted Property"

Sec. 5. As used in this chapter, "permitted property" means a property that is subject to a valid, unexpired, unrevoked permit under this chapter. A permitted property may contain one (1) or more dwelling units offered as short term rentals.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-6. "Short Term Rental"

Sec. 6. As used in this chapter, "short term rental" means the rental of:
(1) a single family home;
(2) a dwelling unit in a single family home;
(3) a dwelling unit in a two-family or multifamily dwelling; or
(4) a dwelling unit in a condominium, cooperative, or time share;
for terms of less than thirty (30) days at a time through a short term rental platform. The term includes a detached accessory structure, including a guest house, or other living quarters that are intended for human habitation, if the entire property is designated for a single family residential use. The term does not include property that is used for any nonresidential use.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-7. "Short Term Rental Platform"

Sec. 7. As used in this chapter, "short term rental platform" means an entity that:
(1) provides a platform through which unaffiliated parties offer to rent a short term rental to an occupant; and
(2) collects consideration for the rental from the occupant.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-8. Owner Occupied Short Term Rental Property Is a Permitted Residential Use

Sec. 8. A short term rental of owner occupied short term rental property is a permitted residential use under any applicable zoning ordinance of a unit and may not be disallowed by any zoning ordinance (as defined in IC 36-7-1-22) in a zoning district or classification of a unit that permits residential use.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-9. Short Term Rental Property That Is Not an Owner Occupied Short Term Rental Property; Special Exception; Zoning Variance

Sec. 9. (a) This section applies only to a short term rental property that is not an owner occupied short term rental property.
(b) A unit may require a special exception, special use, or zoning variance for the short term rental property that is in a residential zoning district or classification of a unit. However, the unit may not interpret and enforce the unit's zoning regulations for a special exception, special use, or zoning variance in a manner that is intended or has the effect of prohibiting or unreasonably restricting short term rentals of property to which this section applies. Denial of a special exception, special use, or zoning variance for the short term rental property may be appealed in accordance with IC 36-7-4.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-10. Enforcement of Laws That Regulate, Prohibit, or Limit Short Term Rentals

Sec. 10. A unit may enact or enforce a law or plan that regulates, prohibits, or limits short term rentals only for the following primary purposes:
(1) Protection of the public's health and safety related to:
(A) fire and building safety;
(B) sanitation;
(C) transportation;
(D) traffic control; and
(E) pollution control;
if enforcement is performed in the same manner as enforcement that applies to similar properties that are not short term rentals.
(2) Residential use and zoning related to:
(A) noise;
(B) protection of welfare;
(C) property maintenance; and
(D) nuisance issues;
if enforcement is performed in the same manner as enforcement that applies to similar properties that are not short term rentals.
(3) To limit or prohibit use of short term rentals for the following purposes:
(A) To house sex offenders.
(B) To operate a structured sober living home.
(C) To manufacture, exhibit, distribute, or sell illegal drugs, liquor, pornography, or obscenity.
(D) To operate an adult entertainment establishment (as defined in IC 12-7-2-1.8).
(4) To limit or prohibit short term rentals located within the boundaries of a conservancy district established under IC 14-33.
(5) To provide the unit with an emergency contact for a short term rental.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-11. Permits; Application Requirements

Sec. 11. (a) A unit may require an owner to obtain a permit for each property by adopting an ordinance that sets forth only the requirements of this chapter for obtaining a permit. A unit may require only one (1) permit for each single family home, two-family or multifamily dwelling, condominium, cooperative, or time share that an owner rents in whole or in part under this chapter. A permit covers all:
(1) dwelling units; and
(2) detached accessory structures;
located on the permitted property that the owner offers to the public as a short term rental.
(b) An owner must submit a permit application for each property for which a permit is sought. The permit application may require the owner to provide only the following information for each property:
(1) The owner's name, street address, mailing address, electronic mail address (if applicable), and telephone number. If the owner is a corporation or partnership, the application must require the:
(A) owner's state of incorporation or organization; and
(B) names, residence addresses, and telephone numbers of the owner's principal officers or partners.
(2) If a property manager is used, the property manager's name, street address, mailing address, electronic mail address (if applicable), and telephone number.
(3) A short description of how each of the owner's short term rentals on the property are marketed or advertised, including the following:
(A) The advertised occupancy limits of each short term rental.
(B) Whether the short term rental is:
(i) a single family home;
(ii) a dwelling unit in a single family home;
(iii) a dwelling unit in a two-family or multifamily dwelling; or
(iv) a dwelling unit in a condominium, cooperative, or time share.
(c) A permit application must be made by an owner. If the owner is a corporation, partnership, or other legal entity, the permit application must be made by an officer or agent of the owner.
(d) Subject to section 16 of this chapter, if an owner submits a permit application under this section that meets the requirements set forth in the ordinance adopted by the unit, the unit shall issue a permit to the owner within thirty (30) days of receipt of the application.
As added by P.L.73-2018, SEC.1. Amended by P.L.10-2019, SEC.134.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-12. Duty to Update Permit Information

Sec. 12. If any information provided by an owner to a unit in the permit application changes, the owner shall provide updated information to the unit in writing within thirty (30) business days.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-13. Expiration; Authorization to Charge a Permit Fee

Sec. 13. (a) A permit expires one (1) year after the date the permit is issued.
(b) Except as provided in subsection (c), a unit may charge a permit fee, not to exceed one hundred fifty dollars ($150), for each of the following:
(1) An initial permit issued to an owner for the permitted property.
(2) The issuance of a subsequent permit to an owner for the permitted property after the owner's previous permit has been revoked.
(c) A unit may not charge a permit fee for renewing a permit, including renewal of a permit that has expired.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-14. Revocation of a Permit

Sec. 14. If three (3) or more citations for ordinance violations are issued to an owner for a permitted property within a calendar year, the unit may revoke the permit for that permitted property for a period of not more than one (1) year after the date the permit is revoked. The unit shall provide notice and a hearing for revocation in accordance with the unit's ordinance.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-15. Notice and Hearing Procedures for Revocation

Sec. 15. If a unit revokes a permit under this chapter, revocation of the permit shall be conducted under the notice and hearing procedures of the unit for revocation of other permits issued by the unit.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-16. Application for Permit When Previous Permit Was Revoked

Sec. 16. An owner may apply for a permit for a short term rental for which a previous permit of the owner was revoked by the unit. However, a new permit may not be issued until any outstanding fines are paid for ordinance violation citations issued to the owner with regard to use of the short term rental.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-17. Permits; Nontransferable to a New Owner

Sec. 17. If an owner sells all or part of a permitted property, the permit may not be transferred to the new owner. The new owner must submit an application for a new permit.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-18. Violations; Class C Infraction

Sec. 18. (a) An owner that rents a short term rental without obtaining a valid permit from a unit that adopts an ordinance under this chapter commits a Class C infraction.
(b) Each short term rental transaction that the short term rental provider completes without a short term rental permit constitutes a separate violation of this section.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-19. Scope of This Chapter

Sec. 19. This chapter does not affect, prohibit, preempt, or render unenforceable any property or use restrictions contained in properly enacted rules or regulations of a:
(1) homeowners association;
(2) condominium association;
(3) lake owners association; or
(4) similar property owners association or cooperative.
As added by P.L.73-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24. Short Term Rentals › 36-1-24-20. Notice of Potential Tax Liability

Sec. 20. This section is intended as notice to an owner as defined in section 2 of this chapter. An owner of short term rental property who makes a short term rental in which payments for the room, lodging, or other accommodation are not made through a marketplace facilitator (as defined by IC 6-2.5-1-21.9) may be liable for collecting and remitting the following taxes on consideration received by the owner for the short term rental:
(1) State gross retail tax imposed under IC 6-2.5-4-4.
(2) Innkeeper's tax imposed under IC 6-9.
As added by P.L.108-2019, SEC.245.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24.2. Sales or Leases of Real Property; Prohibited Regulations › 36-1-24.2-1. Privately Owned Real Property; Prohibition Against Regulations Having Effect of Controlling Rent or Purchase Price or of Requiring Property to Be Designated for Lease or Sale Based on Income or Assets

Sec. 1. A county or municipality may not adopt or enforce a land use or planning ordinance or regulation that would have the effect of:
(1) controlling the amount of rent charged or the purchase price agreed upon for a transaction pertaining to the lease or purchase of privately owned residential or commercial real property; or
(2) requiring real property to be designated or reserved for lease or sale to a group of occupants, owners, or residents classified by income or assets.
As added by P.L.266-2017, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24.2. Sales or Leases of Real Property; Prohibited Regulations › 36-1-24.2-2. Privately Owned Real Property; County or Municipality Prohibited From Requiring Owner to Agree to Rent or Purchase Price Control Requirements or Requirements Designating Property for Lease or Sale Based on Income or Assets; Prohibition Against Requiring Payment of Fee as Prerequisite to Approval of Permit, Petition, or Plats

Sec. 2. A county or municipality may not require an owner of privately owned real property to agree to:
(1) a requirement that would have an effect described in section 1(1) or 1(2) of this chapter; or
(2) the payment of a fee, in lieu of a requirement described in section 1(1) or 1(2) of this chapter, as a prerequisite to the approval or consideration of:
(A) any building or land use permit;
(B) any land use petition including, but not limited to, variances, special exceptions, conditional use permits, zoning ordinances, or rezoning ordinances; or
(C) any primary, secondary, or revised plats.
As added by P.L.266-2017, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24.2. Sales or Leases of Real Property; Prohibited Regulations › 36-1-24.2-3. Right of County or Municipality to Manage Development of Real Property in Which It Has Ownership Interest; Right to Enact General Land Use Regulations or Zoning Ordinances Not Having Prohibited Effects

Sec. 3. This chapter does not impair the right of a county or municipality to:
(1) manage or control the development of commercial or residential real property in which the county or municipality has an ownership interest; or
(2) enact, enforce, or maintain a general land use regulation or zoning ordinance that does not have an effect described in section 1(1) or 1(2) of this chapter.
As added by P.L.266-2017, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 24.2. Sales or Leases of Real Property; Prohibited Regulations › 36-1-24.2-4. Privately Owned Real Property; Right of Owner to Voluntarily Agree to Otherwise Prohibited Requirement in Exchange for Incentives or Grants

Sec. 4. This chapter does not impair the right of an owner to voluntarily agree to a requirement that would have an effect described in section 1(1) or 1(2) of this chapter in exchange for incentives or grants provided by the county or municipality to the owner of the privately owned real property.
As added by P.L.266-2017, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 26. Effect of Criminal Convictions on Licensed Persons › 36-1-26-2. "Criminal History Information"

Sec. 2. As used in this chapter, "criminal history information" has the meaning set forth in IC 5-2-4-1.
As added by P.L.182-2018, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 26. Effect of Criminal Convictions on Licensed Persons › 36-1-26-3. "License"

Sec. 3. As used in this chapter, "license" means any license, registration, certification, permit, or endorsement required by a unit for an individual to practice an occupation or profession in an area over which the unit has jurisdiction.
As added by P.L.182-2018, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 26. Effect of Criminal Convictions on Licensed Persons › 36-1-26-4. Explicit List of Disqualifying Crimes Required; Use of Conviction; Criteria for Evaluating Applicant's Criminal History

Sec. 4. (a) Not later than November 1, 2018, a unit shall revise its licensing requirements to the extent necessary to explicitly list the crimes that will disqualify an individual from receiving a license required by the unit. The unit may not:
(1) use nonspecific terms, such as moral turpitude or good character, as a licensing requirement; or
(2) consider an arrest that does not result in a conviction.
(b) A unit's use of an individual's conviction of a crime as a disqualifying criminal conviction is limited to a crime that is specifically and directly related to the duties and responsibilities of the occupation or profession for which the individual is applying for or holds a license.
(c) If an applicant has a disqualifying criminal history, the unit shall consider the following in determining whether to deny a license to the applicant, based on a clear and convincing showing:
(1) The nature and seriousness of the crime for which the individual was convicted.
(2) The passage of time since the commission of the crime.
(3) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation.
(4) Evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation.
(d) If an individual has a disqualifying criminal conviction, the period of disqualification may not exceed five (5) years after the date of the conviction or release from incarceration, whichever is later, unless the individual:
(1) was convicted of a crime of violence (as defined by IC 35-50-1-2(a));
(2) was convicted of an offense relating to a criminal sexual act (as defined by IC 35-31.5-2-216); or
(3) is convicted of a second or subsequent crime during the disqualification period.
As added by P.L.182-2018, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 26. Effect of Criminal Convictions on Licensed Persons › 36-1-26-5. Petition to Determine Whether Criminal Conviction Disqualifying

Sec. 5. (a) An individual having a misdemeanor or felony criminal conviction may at any time petition a unit requiring a license for a determination as to whether the individual's misdemeanor or felony criminal conviction will disqualify the individual from receiving a license. An individual filing a petition under this subsection must submit:
(1) the individual's criminal history information or an authorization for the unit to obtain the individual's criminal history information; and
(2) any additional information requested by the unit to assist the unit in its review of the individual's petition.
(b) If a unit denies an individual a license solely or in part because of the applicant's criminal history, the unit shall notify the individual in writing of the following:
(1) The grounds and reasons for the denial or disqualification.
(2) The applicant has the right to a hearing to challenge the licensing authority's decision.
(3) The earliest date the applicant may reapply for a license.
(4) Evidence of rehabilitation may be considered upon reapplication.
Any written determination by the unit that an individual's criminal history is specifically listed as a disqualifying conviction and is directly related to the duties and responsibilities for the licensed occupation must be documented in written findings for each of the factors specified in subdivisions (1) through (4) by clear and convincing evidence sufficient for review by a court. In an administrative hearing or civil action reviewing the denial of a license, a unit has the burden of proof on the question of whether the individual's criminal history directly relates to the occupation for which the license is sought.
(c) The unit shall inform the individual of its determination concerning the individual's petition not later than thirty (30) days after the petition, criminal history information, and any other information requested under subsection (a) are received by the unit.
(d) The unit may charge a fee established under IC 36-1-3-6 that does not exceed twenty-five dollars ($25) to pay the unit's costs of reviewing a petition filed under subsection (a).
As added by P.L.182-2018, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 27. Building Permit Conflict of Interest › 36-1-27-3. Permits; Conflict of Interest

Sec. 3. A building commissioner, building code official, or inspector of a unit may not issue a permit or oversee the issuance of a permit through a subordinate if the building commissioner, building code official, or inspector has a conflict of interest.
As added by P.L.3-2019, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 27. Building Permit Conflict of Interest › 36-1-27-4. Ordinances; Conflict of Interest Procedures

Sec. 4. (a) Except as provided in subsection (c), a unit shall adopt an ordinance to establish a procedure to address a conflict of interest that prevents a building commissioner, building code official, or inspector from issuing a permit under section 3 of this chapter.
(b) An ordinance adopted under this section must include the following:
(1) A procedure for the building commissioner, building code official, or inspector to report a conflict of interest.
(2) A procedure for appointing a qualified temporary replacement building commissioner, building code official, or inspector in the case of a conflict of interest.
(c) An ordinance adopted by a unit before July 1, 2019, satisfies the requirements of this section if the ordinance includes the procedures required by subsection (b).
As added by P.L.3-2019, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 28. Ordinances That Affect Agriculture › 36-1-28-1. Ordinances That Affect Agriculture

Sec. 1. (a) Except as provided in subsection (b) and notwithstanding any other law, a unit may not adopt or continue in effect any ordinance, rule, regulation, or resolution that prohibits a person from beekeeping on property that the person owns, rents, or leases.
(b) A unit may adopt an ordinance, rule, regulation, or resolution that regulates beekeeping:
(1) concerning the number of active bee hives a person may operate and the location of bee hives on the property; and
(2) that conforms to standards established by the Apiary Inspectors of America.
As added by P.L.193-2019, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 28. Ordinances That Affect Agriculture › 36-1-28-2. Digital Billboard on County Fairgrounds

Sec. 2. (a) This section applies only to a county having a consolidated city.
(b) As used in this section, "board" refers to the:
(1) board of directors of an agricultural fair society, association, or corporation that is organized under IC 15-14-5; or
(2) county legislative body;
that owns a county fairgrounds or, by agreement with the owner, operates the county fairgrounds and is the owner's authorized agent in the placement of a digital billboard under this chapter.
(c) As used in this section, "property" means the real property that is part of a county fairgrounds.
(d) Notwithstanding any ordinance adopted under IC 36-7-4, but subject to subsection (e), the board may place one (1) digital billboard on the property at a location that is:
(1) selected by the board; and
(2) outside the public right-of-way.
(e) The board is subject to any restriction, approval, or other requirement of IC 8-23-20 that applies to the placement of the digital billboard.
(f) The board must provide written notice at least ninety (90) days before installation of the billboard to the following:
(1) The plan commission, if the property is within the jurisdiction of a plan commission.
(2) The legislative body of:
(A) any municipality in which the property is located; and
(B) the county in which the property is located, in the case of a board described in subsection (b)(1).
(g) The board must conduct a public hearing in which the board receives public comment regarding the digital billboard not earlier than ninety (90) days before the digital billboard is installed.
(h) The owner of the property 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.
As added by P.L.97-2022, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 29. Seawall and Revetment Permits › 36-1-29-2. Application of Chapter; Not Affected

Sec. 2. This chapter does not:
(1) affect the determination of the location of the ordinary high water mark; or
(2) interfere with or supersede state law, state administrative rules, or local ordinances concerning the issuance of permits for seawalls or revetments.
As added by P.L.164-2020, SEC.64.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 29. Seawall and Revetment Permits › 36-1-29-3. "Emergency"

Sec. 3. As used in this chapter, "emergency" means a situation that:
(1) requires immediate action;
(2) is induced by weather or high lake levels; and
(3) either:
(A) creates the potential for imminent structural damage to private property in an area adjacent to Lake Michigan; or
(B) threatens or creates an imminent risk to the public health, welfare, or safety in areas adjacent to Lake Michigan.
As added by P.L.164-2020, SEC.64.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 29. Seawall and Revetment Permits › 36-1-29-4. "Local Governmental Agency"

Sec. 4. As used in this chapter, "local governmental agency" has the meaning set forth in IC 36-7-4-1109(a).
As added by P.L.164-2020, SEC.64.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 29. Seawall and Revetment Permits › 36-1-29-5. "Ordinary High Water Mark"

Sec. 5. As used in this chapter, "ordinary high water mark" has the meaning set forth in IC 14-26-2.1-2.
As added by P.L.164-2020, SEC.64.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 29. Seawall and Revetment Permits › 36-1-29-6. "Owner"

Sec. 6. As used in this chapter, "owner" means a person that has a fee interest in a private property adjacent to and landward of Lake Michigan.
As added by P.L.164-2020, SEC.64.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 29. Seawall and Revetment Permits › 36-1-29-7. "Permit"

Sec. 7. As used in this chapter, "permit" has the meaning set forth in IC 36-7-4-1109(b).
As added by P.L.164-2020, SEC.64.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 29. Seawall and Revetment Permits › 36-1-29-8. "Private Property"

Sec. 8. As used in this chapter, "private property" means real property that is not owned or leased by the state or a political subdivision.
As added by P.L.164-2020, SEC.64.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 29. Seawall and Revetment Permits › 36-1-29-10. Seawalls and Revetments; Repair; Construction; Temporary Structures

Sec. 10. (a) An owner of private property who is subject to the jurisdiction of a local governmental agency in a county subject to this chapter may:
(1) subject to applicable state laws and administrative rules, local ordinances, and section 11 of this chapter, in the case of an emergency, repair an existing seawall or revetment on the owner's private property; or
(2) subject to applicable state laws and administrative rules, local ordinances, and section 12 of this chapter, in the case of an emergency, construct a new seawall or revetment on the owner's private property;
whichever applies.
(b) For the purposes of this chapter, side seawalls on Lake Michigan are temporary structures and must be at least eighteen (18) inches from the private property line.
As added by P.L.164-2020, SEC.64.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 29. Seawall and Revetment Permits › 36-1-29-11. Repair of Existing Seawalls and Revetments

Sec. 11. In accordance with applicable state laws, state administrative rules, and local ordinances, the repair of an existing seawall or revetment may include placing seawalls or revetments into the waters of Lake Michigan where the water is already coming into contact with those seawalls or revetments as long as the seawall or revetment repair is as close to the existing seawall or revetment as reasonably possible.
As added by P.L.164-2020, SEC.64.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 29. Seawall and Revetment Permits › 36-1-29-12. Construction of New Seawalls or Revetments

Sec. 12. In accordance with applicable state laws, state administrative rules, and local ordinances, the owner of private property may construct a new seawall or revetment on the private property in a location in which the new seawall or revetment can reasonably be expected to provide protection to the property.
As added by P.L.164-2020, SEC.64.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 29. Seawall and Revetment Permits › 36-1-29-13. Contiguous Seawalls

Sec. 13. A seawall may be contiguous to another seawall if making one (1) or more seawalls contiguous does not interfere, obstruct, or otherwise inhibit the public's ability to use a public access point or easement that provides access to the shore of Lake Michigan and all parts of the seawall are on private property.
As added by P.L.164-2020, SEC.64.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 29. Seawall and Revetment Permits › 36-1-29-14. Permits; Application and Approval

Sec. 14. Not later than ten (10) business days after a person submits a completed application for an emergency seawall or revetment permit and meets all required conditions, a local governmental agency shall:
(1) approve; or
(2) deny;
the person's application for the emergency permit. If a local governmental agency does not approve or deny the emergency seawall or revetment permit within ten (10) business days, the emergency permit is automatically approved and considered issued to the person.
As added by P.L.164-2020, SEC.64.