IN
Indiana House Bill HB1337

Indiana 2024 Regular Session

Indiana House Bill HB1337 Compare Versions

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1+*EH1337.2*
2+Reprinted
3+March 1, 2024
4+ENGROSSED
5+HOUSE BILL No. 1337
6+_____
7+DIGEST OF HB 1337 (Updated February 29, 2024 3:16 pm - DI 150)
8+Citations Affected: IC 32-25.5.
9+Synopsis: HOA regulation of beekeeping. Provides that a homeowners
10+association may regulate the number and location of beehives on
11+properties. Provides that a homeowners association may not: (1)
12+regulate the number and location of beehives that are located on a
13+property before the regulations are adopted; and (2) prohibit
14+beekeeping on property that complies with state law, if the beehives are
15+actively maintained for pollination or production of honey. Provides
16+when a homeowners association may prohibit beekeeping within 100
17+feet of a property.
18+Effective: July 1, 2024.
19+Engleman, Clere, Heine, Klinker
20+(SENATE SPONSOR — BALDWIN)
21+January 10, 2024, read first time and referred to Committee on Agriculture and Rural
22+Development.
23+January 22, 2024, reported — Do Pass.
24+January 25, 2024, read second time, ordered engrossed. Engrossed.
25+January 29, 2024, read third time, passed. Yeas 78, nays 18.
26+SENATE ACTION
27+February 5, 2024, read first time and referred to Committee on Local Government.
28+February 26, 2024, amended, reported favorably — Do Pass.
29+February 29, 2024, read second time, amended, ordered engrossed.
30+EH 1337—LS 7055/DI 150 Reprinted
31+March 1, 2024
132 Second Regular Session of the 123rd General Assembly (2024)
233 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
334 Constitution) is being amended, the text of the existing provision will appear in this style type,
435 additions will appear in this style type, and deletions will appear in this style type.
536 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
637 provision adopted), the text of the new provision will appear in this style type. Also, the
738 word NEW will appear in that style type in the introductory clause of each SECTION that adds
839 a new provision to the Indiana Code or the Indiana Constitution.
940 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1041 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1337
12-AN ACT to amend the Indiana Code concerning property.
42+ENGROSSED
43+HOUSE BILL No. 1337
44+A BILL FOR AN ACT to amend the Indiana Code concerning
45+property.
1346 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 32-25.5-3.7 IS ADDED TO THE INDIANA CODE
15-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
16-JULY 1, 2024]:
17-Chapter 3.7. Homeowners Association Regulation of Beekeeping
18-Sec. 1. As used in this chapter, "governing documents" has the
47+1 SECTION 1. IC 32-25.5-3.7 IS ADDED TO THE INDIANA CODE
48+2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
49+3 JULY 1, 2024]:
50+4 Chapter 3.7. Homeowners Association Regulation of Beekeeping
51+5 Sec. 1. As used in this chapter, "governing documents" has the
52+6 meaning set forth in IC 32-25.5-2-3.
53+7 Sec 1.5. As used in this chapter, "licensed physician" has the
54+8 meaning set forth in IC 16-18-2-202.
55+9 Sec. 2. This chapter applies only to a homeowners association's
56+10 adoption or amendment of governing documents after June 30,
57+11 2024.
58+12 Sec. 3. Except as provided in section 4 of this chapter, and
59+13 subject to sections 6 and 7 of this chapter, a homeowners
60+14 association may adopt or amend governing documents to regulate
61+15 the:
62+16 (1) number; and
63+17 (2) location;
64+EH 1337—LS 7055/DI 150 2
65+1 of active beehives that a person may maintain on a property that
66+2 a person owns, rents, or leases.
67+Sec. 4. 3 This section applies only to a person who has active
68+4 beehives located on a property before the date the homeowners
69+5 association adopts or amends the governing documents. This
70+6 chapter does not allow a homeowners association to prevent a
71+7 person from maintaining the same:
72+8 (1) number; and
73+9 (2) location;
74+10 of active beehives that are on the property before the date the
75+11 governing documents are adopted or amended.
76+12 Sec. 5. Any regulation by a homeowners association must be
77+13 consistent with:
78+14 (1) IC 14-24-8; and
79+15 (2) any rules adopted under IC 14-24-3.
80+16 Sec. 6. A homeowners association may not prohibit a person
81+17 from beekeeping on a property that the person owns, rents, or
82+18 leases if both of the following apply:
83+19 (1) The beehives are actively maintained for pollination or the
84+20 production of honey.
85+21 (2) The person who is beekeeping complies with:
86+22 (A) IC 14-24-8; and
87+23 (B) any rules adopted under IC 14-24-3.
88+24 Sec. 7. A homeowners association may prohibit beekeeping
89+25 within one hundred (100) feet of a property only if the following
90+26 conditions are satisfied:
91+27 (1) A person provides documentation from a licensed
92+28 physician to the homeowners association verifying that the
93+29 person or a member of the person's household has a bee
94+30 allergy.
95+31 (2) The person described in subdivision (1) who has the bee
96+32 allergy resided at the property before another person began
97+33 beekeeping within one hundred (100) feet of the property.
98+EH 1337—LS 7055/DI 150 3
99+COMMITTEE REPORT
100+Mr. Speaker: Your Committee on Agriculture and Rural
101+Development, to which was referred House Bill 1337, has had the same
102+under consideration and begs leave to report the same back to the
103+House with the recommendation that said bill do pass.
104+(Reference is to HB 1337 as introduced.)
105+AYLESWORTH
106+Committee Vote: Yeas 11, Nays 0
107+_____
108+COMMITTEE REPORT
109+Madam President: The Senate Committee on Local Government, to
110+which was referred House Bill No. 1337, has had the same under
111+consideration and begs leave to report the same back to the Senate with
112+the recommendation that said bill be AMENDED as follows:
113+Page 1, delete lines 5 through 10, begin a new paragraph and insert:
114+"Sec. 1. As used in this chapter, "governing documents" has the
19115 meaning set forth in IC 32-25.5-2-3.
20-Sec 1.5. As used in this chapter, "licensed physician" has the
21-meaning set forth in IC 16-18-2-202.
22116 Sec. 2. This chapter applies only to a homeowners association's
23117 adoption or amendment of governing documents after June 30,
24118 2024.
25119 Sec. 3. Except as provided in section 4 of this chapter, and
26-subject to sections 6 and 7 of this chapter, a homeowners
27-association may adopt or amend governing documents to regulate
28-the:
120+subject to section 6 of this chapter, a homeowners association may
121+adopt or amend governing documents to regulate the:
29122 (1) number; and
30123 (2) location;
31124 of active beehives that a person may maintain on a property that
32125 a person owns, rents, or leases.
33126 Sec. 4. This section applies only to a person who has active
34127 beehives located on a property before the date the homeowners
35128 association adopts or amends the governing documents. This
36-HEA 1337 — Concur 2
37129 chapter does not allow a homeowners association to prevent a
38130 person from maintaining the same:
39131 (1) number; and
40132 (2) location;
41133 of active beehives that are on the property before the date the
42-governing documents are adopted or amended.
43-Sec. 5. Any regulation by a homeowners association must be
44-consistent with:
45-(1) IC 14-24-8; and
46-(2) any rules adopted under IC 14-24-3.
47-Sec. 6. A homeowners association may not prohibit a person
48-from beekeeping on a property that the person owns, rents, or
49-leases if both of the following apply:
50-(1) The beehives are actively maintained for pollination or the
51-production of honey.
52-(2) The person who is beekeeping complies with:
53-(A) IC 14-24-8; and
54-(B) any rules adopted under IC 14-24-3.
55-Sec. 7. A homeowners association may prohibit beekeeping
134+governing documents are adopted or amended.".
135+Page 1, line 11, delete "Sec. 2. Regulations adopted" and insert
136+"Sec. 5. Any regulation".
137+Page 1, line 15, delete "3." and insert "6.".
138+EH 1337—LS 7055/DI 150 4
139+Page 1, line 16, delete "subject to covenants of the".
140+Page 1, line 17, delete "homeowners association".
141+Page 2, line 2, delete "for" and insert "for pollination or".
142+and when so amended that said bill do pass.
143+(Reference is to HB 1337 as printed January 22, 2024.)
144+BUCK, Chairperson
145+Committee Vote: Yeas 9, Nays 1.
146+_____
147+SENATE MOTION
148+Madam President: I move that Engrossed House Bill 1337 be
149+amended to read as follows:
150+Page 1, between lines 6 and 7, begin a new paragraph and insert:
151+"Sec 1.5. As used in this chapter, "licensed physician" has the
152+meaning set forth in IC 16-18-2-202.".
153+Page 1, line 11, delete "section 6" and insert "sections 6 and 7".
154+Page 2, after line 20, begin a new paragraph and insert:
155+"Sec. 7. A homeowners association may prohibit beekeeping
56156 within one hundred (100) feet of a property only if the following
57157 conditions are satisfied:
58158 (1) A person provides documentation from a licensed
59159 physician to the homeowners association verifying that the
60160 person or a member of the person's household has a bee
61161 allergy.
62162 (2) The person described in subdivision (1) who has the bee
63163 allergy resided at the property before another person began
64-beekeeping within one hundred (100) feet of the property.
65-HEA 1337 — Concur Speaker of the House of Representatives
66-President of the Senate
67-President Pro Tempore
68-Governor of the State of Indiana
69-Date: Time:
70-HEA 1337 — Concur
164+beekeeping within one hundred (100) feet of the property.".
165+Renumber all SECTIONS consecutively.
166+(Reference is to EHB 1337 as printed February 27, 2024.)
167+POL JR.
168+EH 1337—LS 7055/DI 150