Indiana 2024 Regular Session

Indiana House Bill HB1320 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1320.1
	2	+	February 27, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1320
	5	+	_____
	6	+	DIGEST OF HB 1320 (Updated February 22, 2024 12:05 pm - DI 87)
	7	+	Citations Affected: IC 16-41; IC 36-7.
	8	+	Synopsis: Building regulation. Defines, for purposes of the unsafe
	9	+	building law, a "building or structure". Increases from $10,000 to
	10	+	$25,000 the estimated cost of work required by an order of a unit's
	11	+	enforcement authority which the unit's enforcement authority may
	12	+	perform using its own workers and equipment. Provides, with certain
	13	+	exceptions, that a governmental body may not regulate or restrict, by
	14	+	regulation or otherwise, the continued residential use of a mobile home,
	15	+	a manufactured home, or an industrialized residential within a mobile
	16	+	home community based on certain characteristics of the structure.
	17	+	Provides that a mobile home, manufactured home, or industrialized
	18	+	residential structure on private property constituting a legal,
	19	+	nonconforming use, may not be replaced with a mobile home,
	20	+	manufactured home, or industrialized residential structure that is older
	21	+	or smaller than the legal, nonconforming structure being replaced.
	22	+	Makes certain changes to local planning and zoning standards and
	23	+	requirements relating to manufactured homes.
	24	+	Effective: July 1, 2024.
	25	+	Zimmerman, Meltzer, Miller D
	26	+	(SENATE SPONSOR — DORIOT)
	27	+	January 10, 2024, read first time and referred to Committee on Local Government.
	28	+	January 23, 2024, reported — Do Pass.
	29	+	January 29, 2024, read second time, amended, ordered engrossed.
	30	+	January 30, 2024, engrossed. Read third time, passed. Yeas 92, nays 0.
	31	+	SENATE ACTION
	32	+	February 7, 2024, read first time and referred to Committee on Local Government.
	33	+	February 26, 2024, amended, reported favorably — Do Pass.
	34	+	EH 1320—LS 6839/DI 137 February 27, 2024
1	35		Second Regular Session of the 123rd General Assembly (2024)
2	36		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	37		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	38		additions will appear in this style type, and deletions will appear in this style type.
5	39		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	40		provision adopted), the text of the new provision will appear in this style type. Also, the
7	41		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	42		a new provision to the Indiana Code or the Indiana Constitution.
9	43		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	44		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1320
12		-	AN ACT to amend the Indiana Code concerning local government.
	45	+	ENGROSSED
	46	+	HOUSE BILL No. 1320
	47	+	A BILL FOR AN ACT to amend the Indiana Code concerning local
	48	+	government.
13	49		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 16-41-27-32, AS AMENDED BY P.L.137-2023,
	50	+	1 SECTION 1. IC 16-41-27-32, AS AMENDED BY P.L.137-2023,
	51	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	52	+	3 JULY 1, 2024]: Sec. 32. (a) As used in this section, "regulation" refers
	53	+	4 to any:
	54	+	5 (1) ordinance, including any:
	55	+	6 (A) zoning or land use ordinance; or
	56	+	7 (B) general or specific planning ordinance;
	57	+	8 (2) regulation, including any:
	58	+	9 (A) zoning or land use regulation; or
	59	+	10 (B) general or specific planning regulation;
	60	+	11 (3) requirement; or
	61	+	12 (4) restriction;
	62	+	13 that is adopted or imposed by a unit (as defined in IC 36-1-2-23).
	63	+	14 (b) A governmental body other than the state department may not
	64	+	15 license or regulate mobile home communities, except for the following:
	65	+	16 (1) Local boards may enforce the standards of health and
	66	+	17 sanitation prescribed for mobile homes, manufactured homes,
	67	+	EH 1320—LS 6839/DI 137 2
	68	+	1 industrialized residential structures, and mobile home
	69	+	2 communities by the state department.
	70	+	3 (2) Subject to IC 36-7-2-12, IC 36-7-4-1019, IC 36-7-4-1106, and
	71	+	4 subsections (d) and (f), county and municipal authorities within
	72	+	5 their respective jurisdictions have jurisdiction regarding zoning
	73	+	6 and building codes and ordinances pertaining to mobile home
	74	+	7 communities.
	75	+	8 (3) Local boards may regulate the construction and operation of
	76	+	9 groups of a combined total of not more than four (4) mobile
	77	+	10 homes, manufactured homes, and industrialized residential
	78	+	11 structures in accordance with standards that are compatible with
	79	+	12 standards set by the state department for mobile home
	80	+	13 communities.
	81	+	14 (c) A governmental body other than the state department may not
	82	+	15 regulate mobile homes, manufactured homes, or industrialized
	83	+	16 residential structures regarding habitability or minimum housing
	84	+	17 conditions unless the regulation is applicable in the same manner to
	85	+	18 other forms of residential housing in the jurisdiction.
	86	+	19 (d) Except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e),
	87	+	20 and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, a
	88	+	21 governmental body may not regulate or restrict, by regulation or
	89	+	22 otherwise, the installation, continued residential use, occupancy,
	90	+	23 movement, renovation, relocation, or replacement of a mobile home,
	91	+	24 a manufactured home, or an industrialized residential structure within
	92	+	25 a mobile home community based upon the age or size of the mobile
	93	+	26 home, manufactured home, or industrialized residential structure or
	94	+	27 other private property based upon the age of the mobile home,
	95	+	28 manufactured home, or industrialized residential structure regardless
	96	+	29 of whether:
	97	+	30 (1) the mobile home, manufactured home, or industrialized
	98	+	31 residential structure;
	99	+	32 (2) the lot or site, or any part of the lot or site, on which the
	100	+	33 mobile home, manufactured home, or industrialized residential
	101	+	34 structure is located or installed, or will be located or installed; or
	102	+	(3) the mobile home community 35 or other private property, in
	103	+	36 whole or in part, in which the mobile home, manufactured home,
	104	+	37 or industrialized residential structure is located or installed, or
	105	+	38 will be located or installed;
	106	+	39 constitutes a conforming structure or use, or a legal, nonconforming
	107	+	40 structure or use. Any mobile home, manufactured home, or
	108	+	41 industrialized residential structure on private property, which
	109	+	42 constitutes a legal, nonconforming use, may not be replaced with
	110	+	EH 1320—LS 6839/DI 137 3
	111	+	1 a mobile home, manufactured home, or industrialized residential
	112	+	2 structure that is older or smaller than the legal, nonconforming
	113	+	3 structure being replaced.
	114	+	4 (e) A government body may not regulate or restrict the ability of a:
	115	+	5 (1) mobile home community:
	116	+	6 (A) owner; or
	117	+	7 (B) manager; or
	118	+	8 (2) manufactured home community:
	119	+	9 (A) owner; or
	120	+	10 (B) manager;
	121	+	11 to obtain a dealer's license or to sell a mobile home, manufactured
	122	+	12 home, or industrialized residential structure located within the owner's
	123	+	13 or manager's mobile home community or manufactured housing
	124	+	14 community.
	125	+	15 (f) Except as provided under IC 36-7-4-1106(d), IC 36-7-4-1106(e),
	126	+	16 and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, after
	127	+	17 March 14, 2022:
	128	+	18 (1) a unit may not:
	129	+	19 (A) adopt or impose a regulation that violates, or that includes
	130	+	20 a provision that violates, subsection (d);
	131	+	21 (B) amend a regulation so that the regulation, after its
	132	+	22 amendment, includes a provision that violates subsection (d),
	133	+	23 regardless of when the regulation was originally adopted or
	134	+	24 imposed; or
	135	+	25 (C) enforce a provision in a regulation adopted or imposed by
	136	+	26 the unit if the provision violates subsection (d), regardless of
	137	+	27 when the regulation or provision was originally adopted or
	138	+	28 imposed; and
	139	+	29 (2) any provision that:
	140	+	30 (A) is included in a regulation adopted or imposed by a unit;
	141	+	31 and
	142	+	32 (B) violates subsection (d);
	143	+	33 is void and unenforceable regardless of when the regulation or
	144	+	34 provision was originally adopted or imposed.
	145	+	35 SECTION 2. IC 36-7-4-1106, AS AMENDED BY P.L.137-2023,
	146	+	36 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	147	+	37 JULY 1, 2024]: Sec. 1106. (a) This section does not affect a
	148	+	38 requirement applicable to property that is subject to the jurisdiction of
	149	+	39 a preservation commission organized under any of the following:
	150	+	40 (1) IC 36-7-11.
	151	+	41 (2) IC 36-7-11.1.
	152	+	42 (3) IC 36-7-11.2.
	153	+	EH 1320—LS 6839/DI 137 4
	154	+	1 (4) IC 36-7-11.3.
	155	+	2 (b) As used in this section:
	156	+	3 (1) "Manufactured home" means a dwelling unit, designed and
	157	+	4 built in a factory, which bears a seal certifying that it was built in
	158	+	5 compliance with the federal Manufactured Housing Construction
	159	+	6 and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.).
	160	+	7 (2) "Underfloor space" means that space between the bottom of
	161	+	8 the floor joists and the earth.
	162	+	9 (3) "Occupied space" means the total area of earth horizontally
	163	+	10 covered by the structure, excluding accessory structures such as,
	164	+	11 but not limited to, garages, patios and porches.
	165	+	12 (4) "Permanent foundation system" includes a pier footing
	166	+	13 foundation system that is specified as suitable in the
	167	+	14 manufacturer's installation specifications for a manufactured
	168	+	15 home.
	169	+	16 (c) Comprehensive plans and ordinances adopted under the
	170	+	17 provisions of this chapter may subject dwelling units and lots to
	171	+	18 identical standards and requirements, whether or not the dwelling unit
	172	+	19 to be placed on a lot is a manufactured home or some other type of
	173	+	20 dwelling unit. These standards and requirements may include but are
	174	+	21 not limited to the following:
	175	+	22 (1) Setback distance.
	176	+	23 (2) Side and rear yard area.
	177	+	24 (3) Vehicle parking space and parking enclosures.
	178	+	25 (4) Minimum square footage of the dwelling unit.
	179	+	26 (5) Underfloor space enclosure requirements.
	180	+	27 (6) Aesthetics. However, aesthetic standards and requirements
	181	+	28 pertaining to the home structure itself which are adopted under
	182	+	29 this section may only pertain to the following:
	183	+	30 (A) Roofing materials and siding. materials.
	184	+	31 (B) Roof pitch.
	185	+	32 (B) (C) Permanent foundation systems of manufactured homes
	186	+	33 that are located outside of a mobile home community licensed
	187	+	34 under IC 16-41-27. A unit may require compatibility of a
	188	+	35 permanent foundation system with surrounding residential
	189	+	36 structures. However, the unit may not require:
	190	+	37 (i) a permanent foundation system that is incompatible with
	191	+	38 the structural design of the manufactured home; or
	192	+	39 (ii) more than one (1) permanent foundation system for a
	193	+	40 manufactured home.
	194	+	41 (d) METRO. Standards and requirements, specified in
	195	+	42 comprehensive plans and ordinances, adopted under this section for
	196	+	EH 1320—LS 6839/DI 137 5
	197	+	1 lots and dwelling units may not preclude all manufactured homes that
	198	+	2 meet the requirements described in subsection (c) and exceed:
	199	+	3 (1) twenty-three (23) feet in width; and
	200	+	4 (2) nine hundred fifty (950) square feet of occupied space;
	201	+	5 from being installed as permanent residences on any lot on which any
	202	+	6 other type of dwelling unit may be placed.
	203	+	7 (e) ADVISORY)AREA. This subsection applies only to lots and
	204	+	8 dwelling units that are within a city or town's planning and zoning
	205	+	9 jurisdiction. Standards and requirements, specified in comprehensive
	206	+	10 plans and ordinances, adopted under this section for lots and dwelling
	207	+	11 units may not preclude manufactured homes that meet the
	208	+	12 requirements described in subsection (c) and exceed nine hundred
	209	+	13 fifty (950) square feet of occupied space from being installed as
	210	+	14 permanent residences on any lot on which any other type of dwelling
	211	+	15 unit may be placed.
	212	+	16 (f) ADVISORY)AREA. This subsection applies only to lots and
	213	+	17 dwelling units that are within a county's planning and zoning
	214	+	18 jurisdiction. Standards and requirements, specified in comprehensive
	215	+	19 plans and ordinances, adopted under this section for lots and dwelling
	216	+	20 units may not preclude manufactured homes that meet the
	217	+	21 requirements described in subsection (c) and exceed:
	218	+	22 (1) twenty-three (23) feet in width; and
	219	+	23 (2) nine hundred fifty (950) square feet of occupied space;
	220	+	24 from being installed as permanent residences on any lot on which any
	221	+	25 other type of dwelling unit may be placed.
	222	+	26 SECTION 3. IC 36-7-9-2, AS AMENDED BY P.L.66-2014,
	223	+	27 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	224	+	28 JULY 1, 2024]: Sec. 2. As used in this chapter:
	225	+	29 "Building or structure" means anything constructed or erected:
	226	+	30 (1) with a roof supported by columns or walls;
	227	+	31 (2) to serve as a shelter or enclosure; or
	228	+	32 (3) the use of which requires location on or attachment to the
	229	+	33 ground.
	230	+	34 The term includes a manufactured home (as defined in
	231	+	35 IC 22-12-1-16) and a mobile home (as defined in IC 16-41-27-4).
	232	+	36 "Community organization" means a citizen's group, neighborhood
	233	+	37 association, neighborhood development corporation, or similar
	234	+	38 organization that:
	235	+	39 (1) has specific geographic boundaries defined in its bylaws or
	236	+	40 articles of incorporation and contains at least forty (40)
	237	+	41 households within those boundaries;
	238	+	42 (2) is a nonprofit corporation that is representative of at least
	239	+	EH 1320—LS 6839/DI 137 6
	240	+	1 twenty-five (25) households or twenty percent (20%) of the
	241	+	2 households in the community, whichever is less;
	242	+	3 (3) is operated primarily for the promotion of social welfare and
	243	+	4 general neighborhood improvement and enhancement;
	244	+	5 (4) has been incorporated for at least two (2) years; and
	245	+	6 (5) is exempt from taxation under Section 501(c)(3) or 501(c)(4)
	246	+	7 of the Internal Revenue Code.
	247	+	8 "Continuous enforcement order" means an order that:
	248	+	9 (1) is issued for compliance or abatement and that remains in full
	249	+	10 force and effect on a property without further requirements to
	250	+	11 seek additional:
	251	+	12 (A) compliance and abatement authority; or
	252	+	13 (B) orders for the same or similar violations;
	253	+	14 (2) authorizes specific ongoing compliance and enforcement
	254	+	15 activities if a property requires reinspection or additional periodic
	255	+	16 abatement;
	256	+	17 (3) can be enforced, including assessment of fees and costs,
	257	+	18 without the need for additional notice or hearing; and
	258	+	19 (4) authorizes the enforcement authority to assess and collect
	259	+	20 ongoing costs for continuous enforcement order activities from
	260	+	21 any party that is subject to the enforcement authority's order.
	261	+	22 "Department" refers to the executive department authorized by
	262	+	23 ordinance to administer this chapter. In a consolidated city, this
	263	+	24 department is the department of code enforcement subject to
	264	+	25 IC 36-3-4-23.
	265	+	26 "Enforcement authority" refers to the chief administrative officer of
	266	+	27 the department, except in a consolidated city. In a consolidated city, the
	267	+	28 division of development services is the enforcement authority, subject
	268	+	29 to IC 36-3-4-23.
	269	+	30 "Hearing authority" refers to a person or persons designated as such
	270	+	31 by the executive of a city or county, or by the legislative body of a
	271	+	32 town. However, in a consolidated city, the director of the department
	272	+	33 or a person designated by the director is the hearing authority. An
	273	+	34 employee of the enforcement authority may not be designated as the
	274	+	35 hearing authority.
	275	+	36 "Known or recorded fee interest, life estate interest, or equitable
	276	+	37 interest of a contract purchaser" means any fee interest, life estate
	277	+	38 interest, or equitable interest of a contract purchaser of a contract or
	278	+	39 a known certificate of title that is held by a person whose identity and
	279	+	40 address may be determined from:
	280	+	41 (1) an instrument recorded in the recorder's office of the county
	281	+	42 where the unsafe premises is located;
	282	+	EH 1320—LS 6839/DI 137 7
	283	+	1 (2) written information or actual knowledge received by the
	284	+	2 department (or, in the case of a consolidated city, the enforcement
	285	+	3 authority); or
	286	+	4 (3) a review of department (or, in the case of a consolidated city,
	287	+	5 the enforcement authority) records that is sufficient to identify
	288	+	6 information that is reasonably ascertainable; or
	289	+	7 (4) a request for certified records from the bureau of motor
	290	+	8 vehicles.
	291	+	9 "Known or recorded substantial property interest" means any right
	292	+	10 in real property, including a fee interest, a life estate interest, a future
	293	+	11 interest, a mortgage interest, a lien as evidenced by a certificate of sale
	294	+	12 issued under IC 6-1.1-24, or an equitable interest of a contract
	295	+	13 purchaser, that:
	296	+	14 (1) may be affected in a substantial way by actions authorized by
	297	+	15 this chapter; and
	298	+	16 (2) is held by a person whose identity and address may be
	299	+	17 determined from:
	300	+	18 (A) an instrument recorded in:
	301	+	19 (i) the recorder's office of the county where the unsafe
	302	+	20 premises is located; or
	303	+	21 (ii) the office of the county auditor of the county where the
	304	+	22 unsafe premises are located in the case of a lien evidenced
	305	+	23 by a certificate of sale issued under IC 6-1.1-24;
	306	+	24 (B) written information or actual knowledge received by the
	307	+	25 department (or, in the case of a consolidated city, the
	308	+	26 enforcement authority); or
	309	+	27 (C) a review of department (or, in the case of a consolidated
	310	+	28 city, the enforcement authority) records that is sufficient to
	311	+	29 identify information that is reasonably ascertainable; or
	312	+	30 (D) a request for certified records from the bureau of
	313	+	31 motor vehicles.
	314	+	32 "Substantial property interest" means any right in personal
	315	+	33 property or real property that may be affected in a substantial way by
	316	+	34 actions authorized by this chapter, including a fee interest, a life estate
	317	+	35 interest, a future interest, a mortgage interest, or an equitable interest
	318	+	36 of a contract purchaser.
	319	+	37 SECTION 4. IC 36-7-9-11, AS AMENDED BY P.L.169-2006,
	320	+	38 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	321	+	39 JULY 1, 2024]: Sec. 11. (a) The work required by an order of the
	322	+	40 enforcement authority may be performed in the following manner:
	323	+	41 (1) If the work is being performed under an order other than an
	324	+	42 order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, and
	325	+	EH 1320—LS 6839/DI 137 8
	326	+	1 if the cost of this work is estimated to be less than ten thousand
	327	+	2 dollars ($10,000), twenty-five thousand dollars ($25,000), the
	328	+	3 department, acting through the unit's enforcement authority or
	329	+	4 other agent, may perform the work by means of the unit's own
	330	+	5 workers and equipment owned or leased by the unit. Notice that
	331	+	6 this work is to be performed must be given to all persons with a
	332	+	7 known or recorded substantial property interest, in the manner
	333	+	8 prescribed in subsection (c), at least ten (10) days before the date
	334	+	9 of performance of the work by the enforcement authority. This
	335	+	10 notice must include a statement that an amount representing a
	336	+	11 reasonable estimate of the cost incurred by the enforcement
	337	+	12 authority in processing the matter and performing the work may,
	338	+	13 if not paid, be recorded after a hearing as a lien against all persons
	339	+	14 having a fee interest, life estate interest, or equitable interest of a
	340	+	15 contract purchaser in the unsafe premises.
	341	+	16 (2) If the work is being performed under an order other than an
	342	+	17 order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, and
	343	+	18 if the estimated cost of this work is ten thousand dollars ($10,000)
	344	+	19 twenty-five thousand dollars ($25,000) or more, this work must
	345	+	20 be let at public bid to a contractor licensed and qualified under
	346	+	21 law. The obligation to pay costs imposed by section 12 of this
	347	+	22 chapter is based on the condition of the unsafe premises at the
	348	+	23 time the public bid was accepted. Changes occurring in the
	349	+	24 condition of the unsafe premises after the public bid was accepted
	350	+	25 do not eliminate or diminish this obligation.
	351	+	26 (3) If the work is being performed under an order issued under
	352	+	27 section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, the work may
	353	+	28 be performed by a contractor who has been awarded a base bid
	354	+	29 contract to perform the work for the enforcement authority, or by
	355	+	30 the department, acting through the unit's enforcement authority or
	356	+	31 other governmental agency and using the unit's own workers and
	357	+	32 equipment owned or leased by the unit. Work performed under an
	358	+	33 order issued under section 5(a)(2), 5(a)(3), or 5(a)(4) of this
	359	+	34 chapter may be performed without further notice to the persons
	360	+	35 holding a fee interest, life estate interest, or equitable interest of
	361	+	36 a contract purchaser, and these persons are liable for the costs
	362	+	37 incurred by the enforcement authority in processing the matter
	363	+	38 and performing the work, as provided by section 12 of this
	364	+	39 chapter.
	365	+	40 (b) Bids may be solicited and accepted for work on more than one
	366	+	41 (1) property if the bid reflects an allocation of the bid amount among
	367	+	42 the various unsafe premises in proportion to the work to be
	368	+	EH 1320—LS 6839/DI 137 9
	369	+	1 accomplished. The part of the bid amount attributable to each of the
	370	+	2 unsafe premises constitutes the basis for calculating the part of the
	371	+	3 costs described by section 12(a)(1) of this chapter.
	372	+	4 (c) All persons who have a known or recorded substantial property
	373	+	5 interest in the unsafe premises and are subject to an order other than an
	374	+	6 order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter must be
	375	+	7 notified about the public bid in the manner prescribed by section 25 of
	376	+	8 this chapter, by means of a written statement including:
	377	+	9 (1) the name of the person to whom the order was issued;
	378	+	10 (2) a legal description or address of the unsafe premises that are
	379	+	11 the subject of the order;
	380	+	12 (3) a statement that a contract is to be let at public bid to a
	381	+	13 licensed contractor to accomplish work to comply with the order;
	382	+	14 (4) a description of work to be accomplished;
	383	+	15 (5) a statement that both the bid price of the licensed contractor
	384	+	16 who accomplishes the work and an amount representing a
	385	+	17 reasonable estimate of the cost incurred by the enforcement
	386	+	18 authority in processing the matter of the unsafe premises may, if
	387	+	19 not paid, be recorded after a hearing as a lien against all persons
	388	+	20 having a fee interest, life estate interest, or equitable interest of a
	389	+	21 contract purchaser in the unsafe premises;
	390	+	22 (6) the time of the bid opening;
	391	+	23 (7) the place of the bid opening; and
	392	+	24 (8) the name, address, and telephone number of the enforcement
	393	+	25 authority.
	394	+	26 (d) If the notice of the statement that public bids are to be let is
	395	+	27 served by publication, the publication must include the information
	396	+	28 required by subsection (c), except that it need only include a general
	397	+	29 description of the work to be accomplished. The publication must also
	398	+	30 state that a copy of the statement of public bid may be obtained from
	399	+	31 the enforcement authority.
	400	+	32 (e) Notice of the statement that public bids are to be let must be
	401	+	33 given, at least ten (10) days before the date of the public bid, to all
	402	+	34 persons who have a known or recorded substantial property interest in
	403	+	35 the property and are subject to an order other than an order under
	404	+	36 section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter.
	405	+	37 (f) If action is being taken under this section on the basis of an order
	406	+	38 that was served by publication, it is sufficient to serve the statement
	407	+	39 that public bids are to be let by publication, unless the enforcement
	408	+	40 authority has received information in writing that enables the unit to
	409	+	41 make service under section 25 of this chapter by a method other than
	410	+	42 publication.
	411	+	EH 1320—LS 6839/DI 137 10
	412	+	COMMITTEE REPORT
	413	+	Mr. Speaker: Your Committee on Local Government, to which was
	414	+	referred House Bill 1320, has had the same under consideration and
	415	+	begs leave to report the same back to the House with the
	416	+	recommendation that said bill do pass.
	417	+	(Reference is to HB 1320 as introduced.)
	418	+
	419	+	MAY
	420	+	Committee Vote: Yeas 11, Nays 0
	421	+	_____
	422	+	HOUSE MOTION
	423	+	Mr. Speaker: I move that House Bill 1320 be amended to read as
	424	+	follows:
	425	+	Page 1, between the enacting clause and line 1, begin a new
	426	+	paragraph and insert:
	427	+	"SECTION 1. IC 16-41-27-32, AS AMENDED BY P.L.137-2023,
15	428		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16	429		JULY 1, 2024]: Sec. 32. (a) As used in this section, "regulation" refers
17	430		to any:
18	431		(1) ordinance, including any:
19	432		(A) zoning or land use ordinance; or
20	433		(B) general or specific planning ordinance;
21	434		(2) regulation, including any:
22	435		(A) zoning or land use regulation; or
23	436		(B) general or specific planning regulation;
24	437		(3) requirement; or
25	438		(4) restriction;
26	439		that is adopted or imposed by a unit (as defined in IC 36-1-2-23).
27	440		(b) A governmental body other than the state department may not
28	441		license or regulate mobile home communities, except for the following:
29	442		(1) Local boards may enforce the standards of health and
30	443		sanitation prescribed for mobile homes, manufactured homes,
31	444		industrialized residential structures, and mobile home
32	445		communities by the state department.
33	446		(2) Subject to IC 36-7-2-12, IC 36-7-4-1019, IC 36-7-4-1106, and
34	447		subsections (d) and (f), county and municipal authorities within
35	448		their respective jurisdictions have jurisdiction regarding zoning
36		-	HEA 1320 — Concur 2
37	449		and building codes and ordinances pertaining to mobile home
	450	+	EH 1320—LS 6839/DI 137 11
38	451		communities.
39	452		(3) Local boards may regulate the construction and operation of
40	453		groups of a combined total of not more than four (4) mobile
41	454		homes, manufactured homes, and industrialized residential
42	455		structures in accordance with standards that are compatible with
43	456		standards set by the state department for mobile home
44	457		communities.
45	458		(c) A governmental body other than the state department may not
46	459		regulate mobile homes, manufactured homes, or industrialized
47	460		residential structures regarding habitability or minimum housing
48	461		conditions unless the regulation is applicable in the same manner to
49	462		other forms of residential housing in the jurisdiction.
50	463		(d) Except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e),
51	464		and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, a
52	465		governmental body may not regulate or restrict, by regulation or
53	466		otherwise, the installation, continued residential use, occupancy,
54	467		movement, renovation, relocation, or replacement of a mobile home,
55	468		a manufactured home, or an industrialized residential structure within
56	469		a mobile home community based upon the age or size of the mobile
57	470		home, manufactured home, or industrialized residential structure or
58	471		other private property based upon the age of the mobile home,
59	472		manufactured home, or industrialized residential structure regardless
60	473		of whether:
61	474		(1) the mobile home, manufactured home, or industrialized
62	475		residential structure;
63	476		(2) the lot or site, or any part of the lot or site, on which the
64	477		mobile home, manufactured home, or industrialized residential
65	478		structure is located or installed, or will be located or installed; or
66	479		(3) the mobile home community or other private property, in
67	480		whole or in part, in which the mobile home, manufactured home,
68	481		or industrialized residential structure is located or installed, or
69	482		will be located or installed;
70	483		constitutes a conforming structure or use, or a legal, nonconforming
71		-	structure or use. Any mobile home, manufactured home, or
72		-	industrialized residential structure on private property, which
73		-	constitutes a legal, nonconforming use, may not be replaced with
74		-	a mobile home, manufactured home, or industrialized residential
75		-	structure that is older or smaller than the legal, nonconforming
76		-	structure being replaced.
	484	+	structure or use.
77	485		(e) A government body may not regulate or restrict the ability of a:
78	486		(1) mobile home community:
79		-	HEA 1320 — Concur 3
80	487		(A) owner; or
81	488		(B) manager; or
82	489		(2) manufactured home community:
83	490		(A) owner; or
84	491		(B) manager;
85	492		to obtain a dealer's license or to sell a mobile home, manufactured
	493	+	EH 1320—LS 6839/DI 137 12
86	494		home, or industrialized residential structure located within the owner's
87	495		or manager's mobile home community or manufactured housing
88	496		community.
89	497		(f) Except as provided under IC 36-7-4-1106(d), IC 36-7-4-1106(e),
90	498		and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, after
91	499		March 14, 2022:
92	500		(1) a unit may not:
93	501		(A) adopt or impose a regulation that violates, or that includes
94	502		a provision that violates, subsection (d);
95	503		(B) amend a regulation so that the regulation, after its
96	504		amendment, includes a provision that violates subsection (d),
97	505		regardless of when the regulation was originally adopted or
98	506		imposed; or
99	507		(C) enforce a provision in a regulation adopted or imposed by
100	508		the unit if the provision violates subsection (d), regardless of
101	509		when the regulation or provision was originally adopted or
102	510		imposed; and
103	511		(2) any provision that:
104	512		(A) is included in a regulation adopted or imposed by a unit;
105	513		and
106	514		(B) violates subsection (d);
107	515		is void and unenforceable regardless of when the regulation or
108	516		provision was originally adopted or imposed.
109	517		SECTION 2. IC 36-7-4-1106, AS AMENDED BY P.L.137-2023,
110	518		SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
111	519		JULY 1, 2024]: Sec. 1106. (a) This section does not affect a
112	520		requirement applicable to property that is subject to the jurisdiction of
113	521		a preservation commission organized under any of the following:
114	522		(1) IC 36-7-11.
115	523		(2) IC 36-7-11.1.
116	524		(3) IC 36-7-11.2.
117	525		(4) IC 36-7-11.3.
118	526		(b) As used in this section:
119	527		(1) "Manufactured home" means a dwelling unit, designed and
120	528		built in a factory, which bears a seal certifying that it was built in
121	529		compliance with the federal Manufactured Housing Construction
122		-	HEA 1320 — Concur 4
123	530		and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.).
124	531		(2) "Underfloor space" means that space between the bottom of
125	532		the floor joists and the earth.
126	533		(3) "Occupied space" means the total area of earth horizontally
127	534		covered by the structure, excluding accessory structures such as,
128	535		but not limited to, garages, patios and porches.
	536	+	EH 1320—LS 6839/DI 137 13
129	537		(4) "Permanent foundation system" includes a pier footing
130	538		foundation system that is specified as suitable in the
131	539		manufacturer's installation specifications for a manufactured
132	540		home.
133	541		(c) Comprehensive plans and ordinances adopted under the
134	542		provisions of this chapter may subject dwelling units and lots to
135	543		identical standards and requirements, whether or not the dwelling unit
136	544		to be placed on a lot is a manufactured home or some other type of
137	545		dwelling unit. These standards and requirements may include but are
138	546		not limited to the following:
139	547		(1) Setback distance.
140	548		(2) Side and rear yard area.
141	549		(3) Vehicle parking space and parking enclosures.
142	550		(4) Minimum square footage of the dwelling unit.
143	551		(5) Underfloor space enclosure requirements.
144	552		(6) Aesthetics. However, aesthetic standards and requirements
145	553		pertaining to the home structure itself which are adopted under
146	554		this section may only pertain to the following:
147	555		(A) Roofing materials and siding. materials.
148	556		(B) Roof pitch.
149	557		(B) (C) Permanent foundation systems of manufactured homes
150	558		that are located outside of a mobile home community licensed
151	559		under IC 16-41-27. A unit may require compatibility of a
152	560		permanent foundation system with surrounding residential
153	561		structures. However, the unit may not require:
154	562		(i) a permanent foundation system that is incompatible with
155	563		the structural design of the manufactured home; or
156	564		(ii) more than one (1) permanent foundation system for a
157	565		manufactured home.
158	566		(d) METRO. Standards and requirements, specified in
159	567		comprehensive plans and ordinances, adopted under this section for
160	568		lots and dwelling units may not preclude all manufactured homes that
161	569		meet the requirements described in subsection (c) and exceed:
162	570		(1) twenty-three (23) feet in width; and
163	571		(2) nine hundred fifty (950) square feet of occupied space;
164	572		from being installed as permanent residences on any lot on which any
165		-	HEA 1320 — Concur 5
166	573		other type of dwelling unit may be placed.
167	574		(e) ADVISORY)AREA. This subsection applies only to lots and
168	575		dwelling units that are within a city or town's planning and zoning
169	576		jurisdiction. Standards and requirements, specified in comprehensive
170	577		plans and ordinances, adopted under this section for lots and dwelling
171	578		units may not preclude manufactured homes that meet the
	579	+	EH 1320—LS 6839/DI 137 14
172	580		requirements described in subsection (c) and exceed nine hundred
173	581		fifty (950) square feet of occupied space from being installed as
174	582		permanent residences on any lot on which any other type of dwelling
175	583		unit may be placed.
176	584		(f) ADVISORY)AREA. This subsection applies only to lots and
177	585		dwelling units that are within a county's planning and zoning
178	586		jurisdiction. Standards and requirements, specified in comprehensive
179	587		plans and ordinances, adopted under this section for lots and dwelling
180	588		units may not preclude manufactured homes that meet the
181	589		requirements described in subsection (c) and exceed:
182	590		(1) twenty-three (23) feet in width; and
183	591		(2) nine hundred fifty (950) square feet of occupied space;
184	592		from being installed as permanent residences on any lot on which any
185		-	other type of dwelling unit may be placed.
186		-	SECTION 3. IC 36-7-9-2, AS AMENDED BY P.L.66-2014,
187		-	SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
188		-	JULY 1, 2024]: Sec. 2. As used in this chapter:
189		-	"Building or structure" means anything constructed or erected:
190		-	(1) with a roof supported by columns or walls;
191		-	(2) to serve as a shelter or enclosure; or
192		-	(3) the use of which requires location on or attachment to the
193		-	ground.
194		-	The term includes a manufactured home (as defined in
195		-	IC 22-12-1-16) and a mobile home (as defined in IC 16-41-27-4).
196		-	"Community organization" means a citizen's group, neighborhood
197		-	association, neighborhood development corporation, or similar
198		-	organization that:
199		-	(1) has specific geographic boundaries defined in its bylaws or
200		-	articles of incorporation and contains at least forty (40)
201		-	households within those boundaries;
202		-	(2) is a nonprofit corporation that is representative of at least
203		-	twenty-five (25) households or twenty percent (20%) of the
204		-	households in the community, whichever is less;
205		-	(3) is operated primarily for the promotion of social welfare and
206		-	general neighborhood improvement and enhancement;
207		-	(4) has been incorporated for at least two (2) years; and
208		-	HEA 1320 — Concur 6
209		-	(5) is exempt from taxation under Section 501(c)(3) or 501(c)(4)
210		-	of the Internal Revenue Code.
211		-	"Continuous enforcement order" means an order that:
212		-	(1) is issued for compliance or abatement and that remains in full
213		-	force and effect on a property without further requirements to
214		-	seek additional:
215		-	(A) compliance and abatement authority; or
216		-	(B) orders for the same or similar violations;
217		-	(2) authorizes specific ongoing compliance and enforcement
218		-	activities if a property requires reinspection or additional periodic
219		-	abatement;
220		-	(3) can be enforced, including assessment of fees and costs,
221		-	without the need for additional notice or hearing; and
222		-	(4) authorizes the enforcement authority to assess and collect
223		-	ongoing costs for continuous enforcement order activities from
224		-	any party that is subject to the enforcement authority's order.
225		-	"Department" refers to the executive department authorized by
226		-	ordinance to administer this chapter. In a consolidated city, this
227		-	department is the department of code enforcement subject to
228		-	IC 36-3-4-23.
229		-	"Enforcement authority" refers to the chief administrative officer of
230		-	the department, except in a consolidated city. In a consolidated city, the
231		-	division of development services is the enforcement authority, subject
232		-	to IC 36-3-4-23.
233		-	"Hearing authority" refers to a person or persons designated as such
234		-	by the executive of a city or county, or by the legislative body of a
235		-	town. However, in a consolidated city, the director of the department
236		-	or a person designated by the director is the hearing authority. An
237		-	employee of the enforcement authority may not be designated as the
238		-	hearing authority.
239		-	"Known or recorded fee interest, life estate interest, or equitable
240		-	interest of a contract purchaser" means any fee interest, life estate
241		-	interest, or equitable interest of a contract purchaser of a contract or
242		-	a known certificate of title that is held by a person whose identity and
243		-	address may be determined from:
244		-	(1) an instrument recorded in the recorder's office of the county
245		-	where the unsafe premises is located;
246		-	(2) written information or actual knowledge received by the
247		-	department (or, in the case of a consolidated city, the enforcement
248		-	authority); or
249		-	(3) a review of department (or, in the case of a consolidated city,
250		-	the enforcement authority) records that is sufficient to identify
251		-	HEA 1320 — Concur 7
252		-	information that is reasonably ascertainable; or
	593	+	other type of dwelling unit may be placed.".
	594	+	Renumber all SECTIONS consecutively.
	595	+	(Reference is to HB 1320 as printed January 23, 2024.)
	596	+	MILLER D
	597	+	_____
	598	+	COMMITTEE REPORT
	599	+	Madam President: The Senate Committee on Local Government, to
	600	+	which was referred House Bill No. 1320, has had the same under
	601	+	consideration and begs leave to report the same back to the Senate with
	602	+	the recommendation that said bill be AMENDED as follows:
	603	+	Page 2, line 40, delete "use." and insert "use. Any mobile home,
	604	+	manufactured home, or industrialized residential structure on
	605	+	private property, which constitutes a legal, nonconforming use,
	606	+	may not be replaced with a mobile home, manufactured home, or
	607	+	industrialized residential structure that is older or smaller than the
	608	+	legal, nonconforming structure being replaced.".
	609	+	Page 5, line 24, delete "anything:" and insert "anything constructed
	610	+	or erected:
	611	+	(1) with a roof supported by columns or walls;".
	612	+	Page 5, delete lines 25 through 26.
	613	+	Page 6, line 34, strike "contract".
	614	+	Page 6, line 34, after "purchaser" insert "of a contract or a known
	615	+	certificate of title that is".
	616	+	Page 6, line 40, strike "or".
	617	+	Page 7, line 1, delete "ascertainable." and insert "ascertainable; or
	618	+	EH 1320—LS 6839/DI 137 15
253	619		(4) a request for certified records from the bureau of motor
254		-	vehicles.
255		-	"Known or recorded substantial property interest" means any right
256		-	in real property, including a fee interest, a life estate interest, a future
257		-	interest, a mortgage interest, a lien as evidenced by a certificate of sale
258		-	issued under IC 6-1.1-24, or an equitable interest of a contract
259		-	purchaser, that:
260		-	(1) may be affected in a substantial way by actions authorized by
261		-	this chapter; and
262		-	(2) is held by a person whose identity and address may be
263		-	determined from:
264		-	(A) an instrument recorded in:
265		-	(i) the recorder's office of the county where the unsafe
266		-	premises is located; or
267		-	(ii) the office of the county auditor of the county where the
268		-	unsafe premises are located in the case of a lien evidenced
269		-	by a certificate of sale issued under IC 6-1.1-24;
270		-	(B) written information or actual knowledge received by the
271		-	department (or, in the case of a consolidated city, the
272		-	enforcement authority); or
273		-	(C) a review of department (or, in the case of a consolidated
274		-	city, the enforcement authority) records that is sufficient to
275		-	identify information that is reasonably ascertainable; or
	620	+	vehicles.".
	621	+	Page 7, line 19, strike "or".
	622	+	Page 7, line 22, delete "ascertainable." and insert "ascertainable; or
276	623		(D) a request for certified records from the bureau of
277		-	motor vehicles.
278		-	"Substantial property interest" means any right in personal
279		-	property or real property that may be affected in a substantial way by
280		-	actions authorized by this chapter, including a fee interest, a life estate
281		-	interest, a future interest, a mortgage interest, or an equitable interest
282		-	of a contract purchaser.
283		-	SECTION 4. IC 36-7-9-11, AS AMENDED BY P.L.169-2006,
284		-	SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
285		-	JULY 1, 2024]: Sec. 11. (a) The work required by an order of the
286		-	enforcement authority may be performed in the following manner:
287		-	(1) If the work is being performed under an order other than an
288		-	order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, and
289		-	if the cost of this work is estimated to be less than ten thousand
290		-	dollars ($10,000), twenty-five thousand dollars ($25,000), the
291		-	department, acting through the unit's enforcement authority or
292		-	other agent, may perform the work by means of the unit's own
293		-	workers and equipment owned or leased by the unit. Notice that
294		-	HEA 1320 — Concur 8
295		-	this work is to be performed must be given to all persons with a
296		-	known or recorded substantial property interest, in the manner
297		-	prescribed in subsection (c), at least ten (10) days before the date
298		-	of performance of the work by the enforcement authority. This
299		-	notice must include a statement that an amount representing a
300		-	reasonable estimate of the cost incurred by the enforcement
301		-	authority in processing the matter and performing the work may,
302		-	if not paid, be recorded after a hearing as a lien against all persons
303		-	having a fee interest, life estate interest, or equitable interest of a
304		-	contract purchaser in the unsafe premises.
305		-	(2) If the work is being performed under an order other than an
306		-	order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, and
307		-	if the estimated cost of this work is ten thousand dollars ($10,000)
308		-	twenty-five thousand dollars ($25,000) or more, this work must
309		-	be let at public bid to a contractor licensed and qualified under
310		-	law. The obligation to pay costs imposed by section 12 of this
311		-	chapter is based on the condition of the unsafe premises at the
312		-	time the public bid was accepted. Changes occurring in the
313		-	condition of the unsafe premises after the public bid was accepted
314		-	do not eliminate or diminish this obligation.
315		-	(3) If the work is being performed under an order issued under
316		-	section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, the work may
317		-	be performed by a contractor who has been awarded a base bid
318		-	contract to perform the work for the enforcement authority, or by
319		-	the department, acting through the unit's enforcement authority or
320		-	other governmental agency and using the unit's own workers and
321		-	equipment owned or leased by the unit. Work performed under an
322		-	order issued under section 5(a)(2), 5(a)(3), or 5(a)(4) of this
323		-	chapter may be performed without further notice to the persons
324		-	holding a fee interest, life estate interest, or equitable interest of
325		-	a contract purchaser, and these persons are liable for the costs
326		-	incurred by the enforcement authority in processing the matter
327		-	and performing the work, as provided by section 12 of this
328		-	chapter.
329		-	(b) Bids may be solicited and accepted for work on more than one
330		-	(1) property if the bid reflects an allocation of the bid amount among
331		-	the various unsafe premises in proportion to the work to be
332		-	accomplished. The part of the bid amount attributable to each of the
333		-	unsafe premises constitutes the basis for calculating the part of the
334		-	costs described by section 12(a)(1) of this chapter.
335		-	(c) All persons who have a known or recorded substantial property
336		-	interest in the unsafe premises and are subject to an order other than an
337		-	HEA 1320 — Concur 9
338		-	order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter must be
339		-	notified about the public bid in the manner prescribed by section 25 of
340		-	this chapter, by means of a written statement including:
341		-	(1) the name of the person to whom the order was issued;
342		-	(2) a legal description or address of the unsafe premises that are
343		-	the subject of the order;
344		-	(3) a statement that a contract is to be let at public bid to a
345		-	licensed contractor to accomplish work to comply with the order;
346		-	(4) a description of work to be accomplished;
347		-	(5) a statement that both the bid price of the licensed contractor
348		-	who accomplishes the work and an amount representing a
349		-	reasonable estimate of the cost incurred by the enforcement
350		-	authority in processing the matter of the unsafe premises may, if
351		-	not paid, be recorded after a hearing as a lien against all persons
352		-	having a fee interest, life estate interest, or equitable interest of a
353		-	contract purchaser in the unsafe premises;
354		-	(6) the time of the bid opening;
355		-	(7) the place of the bid opening; and
356		-	(8) the name, address, and telephone number of the enforcement
357		-	authority.
358		-	(d) If the notice of the statement that public bids are to be let is
359		-	served by publication, the publication must include the information
360		-	required by subsection (c), except that it need only include a general
361		-	description of the work to be accomplished. The publication must also
362		-	state that a copy of the statement of public bid may be obtained from
363		-	the enforcement authority.
364		-	(e) Notice of the statement that public bids are to be let must be
365		-	given, at least ten (10) days before the date of the public bid, to all
366		-	persons who have a known or recorded substantial property interest in
367		-	the property and are subject to an order other than an order under
368		-	section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter.
369		-	(f) If action is being taken under this section on the basis of an order
370		-	that was served by publication, it is sufficient to serve the statement
371		-	that public bids are to be let by publication, unless the enforcement
372		-	authority has received information in writing that enables the unit to
373		-	make service under section 25 of this chapter by a method other than
374		-	publication.
375		-	HEA 1320 — Concur Speaker of the House of Representatives
376		-	President of the Senate
377		-	President Pro Tempore
378		-	Governor of the State of Indiana
379		-	Date: Time:
380		-	HEA 1320 — Concur
	624	+	motor vehicles.".
	625	+	Page 7, line 23, delete "real" and insert "personal property or real".
	626	+	and when so amended that said bill do pass.
	627	+	(Reference is to HB 1320 as reprinted January 30, 2024.)
	628	+	BUCK, Chairperson
	629	+	Committee Vote: Yeas 10, Nays 0.
	630	+	EH 1320—LS 6839/DI 137