*EH1337.2* Reprinted March 1, 2024 ENGROSSED HOUSE BILL No. 1337 _____ DIGEST OF HB 1337 (Updated February 29, 2024 3:16 pm - DI 150) Citations Affected: IC 32-25.5. Synopsis: HOA regulation of beekeeping. Provides that a homeowners association may regulate the number and location of beehives on properties. Provides that a homeowners association may not: (1) regulate the number and location of beehives that are located on a property before the regulations are adopted; and (2) prohibit beekeeping on property that complies with state law, if the beehives are actively maintained for pollination or production of honey. Provides when a homeowners association may prohibit beekeeping within 100 feet of a property. Effective: July 1, 2024. Engleman, Clere, Heine, Klinker (SENATE SPONSOR — BALDWIN) January 10, 2024, read first time and referred to Committee on Agriculture and Rural Development. January 22, 2024, reported — Do Pass. January 25, 2024, read second time, ordered engrossed. Engrossed. January 29, 2024, read third time, passed. Yeas 78, nays 18. SENATE ACTION February 5, 2024, read first time and referred to Committee on Local Government. February 26, 2024, amended, reported favorably — Do Pass. February 29, 2024, read second time, amended, ordered engrossed. EH 1337—LS 7055/DI 150 Reprinted March 1, 2024 Second Regular Session of the 123rd General Assembly (2024) 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 2023 Regular Session of the General Assembly. ENGROSSED HOUSE BILL No. 1337 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 32-25.5-3.7 IS ADDED TO THE INDIANA CODE 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2024]: 4 Chapter 3.7. Homeowners Association Regulation of Beekeeping 5 Sec. 1. As used in this chapter, "governing documents" has the 6 meaning set forth in IC 32-25.5-2-3. 7 Sec 1.5. As used in this chapter, "licensed physician" has the 8 meaning set forth in IC 16-18-2-202. 9 Sec. 2. This chapter applies only to a homeowners association's 10 adoption or amendment of governing documents after June 30, 11 2024. 12 Sec. 3. Except as provided in section 4 of this chapter, and 13 subject to sections 6 and 7 of this chapter, a homeowners 14 association may adopt or amend governing documents to regulate 15 the: 16 (1) number; and 17 (2) location; EH 1337—LS 7055/DI 150 2 1 of active beehives that a person may maintain on a property that 2 a person owns, rents, or leases. Sec. 4. 3 This section applies only to a person who has active 4 beehives located on a property before the date the homeowners 5 association adopts or amends the governing documents. This 6 chapter does not allow a homeowners association to prevent a 7 person from maintaining the same: 8 (1) number; and 9 (2) location; 10 of active beehives that are on the property before the date the 11 governing documents are adopted or amended. 12 Sec. 5. Any regulation by a homeowners association must be 13 consistent with: 14 (1) IC 14-24-8; and 15 (2) any rules adopted under IC 14-24-3. 16 Sec. 6. A homeowners association may not prohibit a person 17 from beekeeping on a property that the person owns, rents, or 18 leases if both of the following apply: 19 (1) The beehives are actively maintained for pollination or the 20 production of honey. 21 (2) The person who is beekeeping complies with: 22 (A) IC 14-24-8; and 23 (B) any rules adopted under IC 14-24-3. 24 Sec. 7. A homeowners association may prohibit beekeeping 25 within one hundred (100) feet of a property only if the following 26 conditions are satisfied: 27 (1) A person provides documentation from a licensed 28 physician to the homeowners association verifying that the 29 person or a member of the person's household has a bee 30 allergy. 31 (2) The person described in subdivision (1) who has the bee 32 allergy resided at the property before another person began 33 beekeeping within one hundred (100) feet of the property. EH 1337—LS 7055/DI 150 3 COMMITTEE REPORT Mr. Speaker: Your Committee on Agriculture and Rural Development, to which was referred House Bill 1337, has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill do pass. (Reference is to HB 1337 as introduced.) AYLESWORTH Committee Vote: Yeas 11, Nays 0 _____ COMMITTEE REPORT Madam President: The Senate Committee on Local Government, to which was referred House Bill No. 1337, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows: Page 1, delete lines 5 through 10, begin a new paragraph and insert: "Sec. 1. As used in this chapter, "governing documents" has the meaning set forth in IC 32-25.5-2-3. Sec. 2. This chapter applies only to a homeowners association's adoption or amendment of governing documents after June 30, 2024. Sec. 3. Except as provided in section 4 of this chapter, and subject to section 6 of this chapter, a homeowners association may adopt or amend governing documents to regulate the: (1) number; and (2) location; of active beehives that a person may maintain on a property that a person owns, rents, or leases. Sec. 4. This section applies only to a person who has active beehives located on a property before the date the homeowners association adopts or amends the governing documents. This chapter does not allow a homeowners association to prevent a person from maintaining the same: (1) number; and (2) location; of active beehives that are on the property before the date the governing documents are adopted or amended.". Page 1, line 11, delete "Sec. 2. Regulations adopted" and insert "Sec. 5. Any regulation". Page 1, line 15, delete "3." and insert "6.". EH 1337—LS 7055/DI 150 4 Page 1, line 16, delete "subject to covenants of the". Page 1, line 17, delete "homeowners association". Page 2, line 2, delete "for" and insert "for pollination or". and when so amended that said bill do pass. (Reference is to HB 1337 as printed January 22, 2024.) BUCK, Chairperson Committee Vote: Yeas 9, Nays 1. _____ SENATE MOTION Madam President: I move that Engrossed House Bill 1337 be amended to read as follows: Page 1, between lines 6 and 7, begin a new paragraph and insert: "Sec 1.5. As used in this chapter, "licensed physician" has the meaning set forth in IC 16-18-2-202.". Page 1, line 11, delete "section 6" and insert "sections 6 and 7". Page 2, after line 20, begin a new paragraph and insert: "Sec. 7. A homeowners association may prohibit beekeeping within one hundred (100) feet of a property only if the following conditions are satisfied: (1) A person provides documentation from a licensed physician to the homeowners association verifying that the person or a member of the person's household has a bee allergy. (2) The person described in subdivision (1) who has the bee allergy resided at the property before another person began beekeeping within one hundred (100) feet of the property.". Renumber all SECTIONS consecutively. (Reference is to EHB 1337 as printed February 27, 2024.) POL JR. EH 1337—LS 7055/DI 150