Public Law Monitor

Carmel brushes off state’s new rental law

Carmel officials thumbed their noses at a new state law intended to curb the ability of local governments to regulate short-term rental services like Airbnb. Carmel Mayor Jim Brainard says the city is exempt from the legislation, and further believes that state lawmakers should stay out of cities’ business and stop trying to circumvent them. AP reports that everyone’s attorneys should grab their sleeping bags and come prepared for a court fight. Indiana is one of Airbnb’s fastest growing destinations. The company said Indiana hosts last year made a combined total of nearly $21 million, which was about $4,700 in annual income for the typical host.

Louisville food trucks win constitutional battle

Facing a losing battle in federal court, Louisville reversed course on a rule that blocked food trucks from operating within 150 feet of their brick-and-mortar competitors. Louisville’s ordinance, passed in 2011, forbid food trucks from being near restaurants with a similar menu unless that restaurant gave its permission for them to park there. The plaintiff food trucks challenged the ordinance as a violation of the 14th Amendment’s Due Process, Equal Protection, and Privileges and Immunities provisions. Permission to park near competitors could be withdrawn at any time without notice, which food trucks argued gave preferred private businesses the power to veto their competitors. Click here for more.

Indiana adds new tax option to address county jail issues

Many counties across Indiana face inmate overcrowding issues and limited resources to pay for expanded or new jails. With the passage and adoption of Indiana House Enrolled Act 1263, signed by the governor on March 21, 2018, counties across the state will be allowed to increase local income tax (“LIT”) rates to fund or maintain a county jail. Most counties will now be able to raise LIT rates by 0.2%. Click here for more details.

New regional sewer district requirements

A city or town sewer service area is often surrounded by a service territory that is governed by a Regional Sewer District (“RSD”). For planning purposes, many municipal officials asked the Indiana state legislature to provide better notice provisions so that cities and towns know when an RSD plans to expand its service territory. With the passage and adoption of Indiana Senate Enrolled Act 269, signed by the governor on March 21, 2018, RSDs will need to provide more notice when expanding their territory. Click here for more details.