Indiana 2023 Regular Session

Indiana House Bill HB1068 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1068
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-2-15-3; IC 16-19-3.1-3; IC 32-31-1-21.5;
7	7	IC 36-2-11-28.
8	8	Synopsis: Methamphetamine manufacturing in residences. Requires
9	9	county recorders to record: (1) notice of a property used in the
10	10	manufacture of methamphetamine; and (2) documentation of
11	11	demolition or remediation of a property used in the manufacture of
12	12	methamphetamine. Makes conforming amendments.
13	13	Effective: July 1, 2023.
14	14	Errington
15	15	January 9, 2023, read first time and referred to Committee on Judiciary.
16	16	2023 IN 1068—LS 6110/DI 150 Introduced
17	17	First Regular Session of the 123rd General Assembly (2023)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2022 Regular Session of the General Assembly.
27	27	HOUSE BILL No. 1068
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning
29	29	property.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 5-2-15-3, AS AMENDED BY P.L.30-2019,
32	32	2 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33	33	3 JULY 1, 2023]: Sec. 3. (a) As used in this section, "property" refers to
34	34	4 a:
35	35	5 (1) dwelling (as defined in IC 13-11-2-61.3);
36	36	6 (2) building;
37	37	7 (3) motor vehicle (as defined in IC 9-13-2-105(a));
38	38	8 (4) trailer (as defined in IC 9-13-2-184(b)); or
39	39	9 (5) watercraft (as defined by IC 9-13-2-198.5).
40	40	10 (b) A law enforcement agency that terminates the use of a property
41	41	11 in the illegal manufacture of a controlled substance (as defined in
42	42	12 IC 35-48-1-9) shall report the existence and location of the property to:
43	43	13 (1) the state police department;
44	44	14 (2) the local fire department that serves the area in which the
45	45	15 property is located; and
46	46	16 (3) the local health department in whose jurisdiction the property
47	47	17 is located; and
48	48	2023 IN 1068—LS 6110/DI 150 2
49	49	1 (4) if the controlled substance is methamphetamine, the
50	50	2 county recorder of the county in which the property is
51	51	3 located;
52	52	4 on a form and in the manner prescribed by guidelines adopted by the
53	53	5 superintendent of the state police department under IC 10-11-2-31.
54	54	6 SECTION 2. IC 16-19-3.1-3, AS ADDED BY P.L.111-2018,
55	55	7 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
56	56	8 JULY 1, 2023]: Sec. 3. (a) Upon proper remediation of a site that has
57	57	9 been contaminated by the illegal manufacture of a controlled substance,
58	58	10 a qualified inspector shall issue a certification of decontamination to
59	59	11 the property owner.
60	60	12 (b) The property owner of a site that has been contaminated by the
61	61	13 illegal manufacture of a controlled substance shall, after demolition or
62	62	14 remediation of the site, submit to: the:
63	63	15 (1) the state department; and
64	64	16 (2) the local health department; and
65	65	17 (3) if the controlled substance is methamphetamine, the
66	66	18 county recorder of the county in which the property is
67	67	19 located;
68	68	20 documentation that the site has been demolished or remediated in
69	69	21 accordance with remediation standards and rules adopted under section
70	70	22 4 of this chapter.
71	71	23 SECTION 3. IC 32-31-1-21.5 IS ADDED TO THE INDIANA
72	72	24 CODE AS A NEW SECTION TO READ AS FOLLOWS
73	73	25 [EFFECTIVE JULY 1, 2023]: Sec. 21.5. (a) As used in this section,
74	74	26 "dwelling unit" has the meaning set forth in IC 32-31-5-3.
75	75	27 (b) A landlord who has actual knowledge that a dwelling unit:
76	76	28 (1) was previously used in the illegal manufacture of
77	77	29 methamphetamine; and
78	78	30 (2) has not been remediated in accordance with
79	79	31 IC 16-19-3.1-3;
80	80	32 shall, before execution of a written rental agreement and
81	81	33 occupancy by a prospective tenant, provide to the prospective
82	82	34 tenant written disclosure of the facts specified in subdivisions (1)
83	83	35 and (2).
84	84	36 (c) A tenant who does not receive a disclosure required by
85	85	37 subsection (b) may terminate the rental agreement not more than
86	86	38 sixty (60) days after the date on which the tenant has actual
87	87	39 knowledge that the dwelling unit:
88	88	40 (1) was previously used in the illegal manufacture of
89	89	41 methamphetamine; and
90	90	42 (2) has not been remediated in accordance with
91	91	2023 IN 1068—LS 6110/DI 150 3
92	92	1 IC 16-19-3.1-3;
93	93	2 by providing written notice of termination to the landlord.
94	94	3 (d) A termination under subsection (c) is effective on the later
95	95	4 of:
96	96	5 (1) fifteen (15) days after the date on which the written notice
97	97	6 was provided under subsection (c); or
98	98	7 (2) the date through which rent has been paid.
99	99	8 (e) A tenant who terminates a rental agreement under
100	100	9 subsection (c) is entitled to deposits, returns, and other refunds as
101	101	10 if the tenancy had expired under the terms of the rental agreement.
102	102	11 SECTION 4. IC 36-2-11-28 IS ADDED TO THE INDIANA CODE
103	103	12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
104	104	13 1, 2023]: Sec. 28. (a) As used in this section, "methamphetamine
105	105	14 property" means a property used in the illegal manufacture of
106	106	15 methamphetamine.
107	107	16 (b) Upon receiving the notice of a methamphetamine property
108	108	17 under IC 5-2-15-3, the county recorder shall record the notice in a
109	109	18 manner such that the property status as a methamphetamine
110	110	19 property is disclosed in the ordinary course of a title search.
111	111	20 (c) Upon receiving documentation from a property owner under
112	112	21 IC 16-19-3.1-3, the county recorder shall record the documentation
113	113	22 in a manner such that the demolition or remediation is disclosed in
114	114	23 the ordinary course of a title search.
115	115	2023 IN 1068—LS 6110/DI 150