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ISPLS Legislative Update: Impactful bill passes House committee

Tuesday, January 28, 2020   (0 Comments)
Posted by: Evan Hoffmeyer, Senior Communications Coordinator
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The bill that could have the biggest impact on the surveying profession this legislative session passed out of a House committee last week.

 

Authored by State Rep. Martin Carbaugh, R-Fort Wayne, HB 1008: Occupational Licensure Reciprocity would make it easier for licensed professionals - including surveyors - who get their license in another state then move to Indiana, to then get licensed here. If the professional can prove they've passed a "substantially equivalent examination" to Indiana's exam and are in good standing, they would only need to pay a fee and complete an application form to get licensed in Indiana.

 

The House Committee on Employment, Labor and Pensions passed HB 1008 in a 9-2 vote. It now heads to the full House.

 

SB 71: Adverse Possession Statute of Limitations was written by practicing land surveyor and ISPLS member State Sen. Blake Doriot, R-Elkhart. If passed, it would close a court-created loophole in the legal survey process.

 

Currently, results of a legal survey can be overturned by a neighbor's adverse possession claim even if that neighbor never appealed the results of the survey per the statute. This bill would require that if a neighbor is affected by a legal survey and they believe they have a valid adverse possession claim, they must file an affidavit of adverse possession or otherwise make their claim known before the statute runs out (90 days for in-county owners; 1 year for out-of-county owners). If no affidavit has been filed in that time, the lines would become binding on all owners.

 

SB 71 passed out of the Senate Judiciary Committee last Thursday, Jan. 23. It has been debated on the Senate floor but a final vote has not yet been taken as of this writing.

 

The following bills being monitored by the Society's Government Affairs Committee also saw developments in the past week:

  • SB 100: Right to Restore or Reconstruct a Dwelling
    • Author: Blake Doriot, R-Elkhart
    • What it would mean for surveyors: Homeowners can restore/reconstruct nonconforming residential single-family homes within their existing footprint so long as it is only nonconforming as to lot size, setbacks or other dimensional requirements; is habitable as an assessed residential property; and has not been condemned.
    • Unanimously passed the full Senate Jan. 23; sent to House Monday, Jan. 27
  • SB 229: Maintenance of Regulated Drains
    • Author: Victoria Spartz, R-Hamilton County
    • If approved by the House and signed into law, a permit would no longer be required from the Indiana Dept. of Environmental Management for the reconstruction or maintenance of regulated drains for purposes of the law concerning state-regulated wetlands.
    • Passed out of the Senate Jan. 21 in a 32-18 vote; sent to House Jan. 22
  •  HB 1061: Subdividing Land
    • Author: Jeff Ellington, R-Greene County
    • Would allow a property owner to subdivide a parcel by deed, if the parcel is being subdivided to build or expand a residential structure or home, the use is a permitted use, the deed is recorded, a plat drawing is submitted to the political subdivision, and the lot is served by a permitted septic system, sewer system, or package plant for sewage treatment.
    • Originally referred to House Committee on Local Government, it was reassigned to Commerce, Small Business and Economic Development. That committee passed it in a 9-2 vote Tuesday, Jan. 28.

Other bills ISPLS is keeping an eye on this session, but saw no developments in the past week:

Updates on these bills will be included in the weekly ISPLS newsletter throughout this legislative session.


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