Indiana 2023 Regular Session

Indiana Senate Bill SB0385 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 385
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 14-28-1-40; IC 32-21-5-7.
7	7	Synopsis: Floodplain disclosures. Requires an owner of residential
8	8	real estate to disclose on the sales disclosure form if any portion of the
9	9	real estate is located in a floodplain. Repeals a statute concerning
10	10	floodplain mapping.
11	11	Effective: July 1, 2023.
12	12	Raatz
13	13	January 19, 2023, read first time and referred to Committee on Judiciary.
14	14	2023 IN 385—LS 6754/DI 129 Introduced
15	15	First Regular Session of the 123rd General Assembly (2023)
16	16	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
17	17	Constitution) is being amended, the text of the existing provision will appear in this style type,
18	18	additions will appear in this style type, and deletions will appear in this style type.
19	19	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
20	20	provision adopted), the text of the new provision will appear in this style type. Also, the
21	21	word NEW will appear in that style type in the introductory clause of each SECTION that adds
22	22	a new provision to the Indiana Code or the Indiana Constitution.
23	23	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
24	24	between statutes enacted by the 2022 Regular Session of the General Assembly.
25	25	SENATE BILL No. 385
26	26	A BILL FOR AN ACT to amend the Indiana Code concerning
27	27	property.
28	28	Be it enacted by the General Assembly of the State of Indiana:
29	29	1 SECTION 1. IC 14-28-1-40 IS REPEALED [EFFECTIVE JULY 1,
30	30	2 2023]. Sec. 40. A local floodplain administrator shall utilize the best
31	31	3 floodplain mapping data available as provided by the department and
32	32	4 located on the Indiana Floodplain Information Portal when reviewing
33	33	5 a permit application for a structure or a construction activity in, or near,
34	34	6 a floodplain.
35	35	7 SECTION 2. IC 32-21-5-7, AS AMENDED BY P.L.111-2018,
36	36	8 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37	37	9 JULY 1, 2023]: Sec. 7. The Indiana real estate commission established
38	38	10 by IC 25-34.1-2-1 shall adopt a specific disclosure form that contains
39	39	11 the following:
40	40	12 (1) Disclosure by the owner of the known condition of the
41	41	13 following:
42	42	14 (A) The foundation.
43	43	15 (B) The mechanical systems.
44	44	16 (C) The roof.
45	45	17 (D) The structure.
46	46	2023 IN 385—LS 6754/DI 129 2
47	47	1 (E) The water and sewer systems.
48	48	2 (F) Additions that may require improvements to the sewage
49	49	3 disposal system.
50	50	4 (G) Other areas that the Indiana real estate commission
51	51	5 determines are appropriate.
52	52	6 (2) Disclosure by the owner of known:
53	53	7 (A) contamination caused by the manufacture of a controlled
54	54	8 substance (as defined by IC 35-48-1-9) on the property that
55	55	9 has not been certified as decontaminated by a qualified
56	56	10 inspector who is certified under IC 16-19-3.1; or
57	57	11 (B) manufacture of methamphetamine or dumping of waste
58	58	12 from the manufacture of methamphetamine in a residential
59	59	13 structure on the property.
60	60	14 (3) A notice to the prospective buyer that contains substantially
61	61	15 the following language:
62	62	16 "The prospective buyer and the owner may wish to obtain
63	63	17 professional advice or inspections of the property and provide for
64	64	18 appropriate provisions in a contract between them concerning any
65	65	19 advice, inspections, defects, or warranties obtained on the
66	66	20 property.".
67	67	21 (4) A notice to the prospective buyer that contains substantially
68	68	22 the following language:
69	69	23 "The representations in this form are the representations of the
70	70	24 owner and are not the representations of the agent, if any. This
71	71	25 information is for disclosure only and is not intended to be a part
72	72	26 of any contract between the buyer and owner.".
73	73	27 (5) A disclosure by the owner that an airport is located within a
74	74	28 geographical distance from the property as determined by the
75	75	29 Indiana real estate commission. The commission may consider the
76	76	30 differences between an airport serving commercial airlines and an
77	77	31 airport that does not serve commercial airlines in determining the
78	78	32 distance to be disclosed.
79	79	33 (6) A disclosure by the owner as to whether any portion of the
80	80	34 real estate is located in a floodplain, as determined by:
81	81	35 (A) the Federal Emergency Management Agency's
82	82	36 (FEMA) Flood Insurance Rate Maps; or
83	83	37 (B) a FEMA approved local floodplain map.
84	84	2023 IN 385—LS 6754/DI 129