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