Introduced Version
HOUSE BILL No. 1413
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-20-12; IC 34-30-2.1-49.5; IC 35-52-36-0.5;
IC 36-1-31.5.
Synopsis: State and local policies on homelessness. Cancels the
appropriation in the 2023 budget bill for the state's housing first
program and reallocates that appropriation to the Indiana housing and
community development authority (authority) as follows: (1) Provides
that state funds for homelessness must be used for: (A) parking areas;
(B) camping facilities; (C) individual shelters; and (D) congregate
shelters; and specifies conditions and requirements applicable to those
facilities. (2) Provides that state funds otherwise used for permanent
housing must be used to assist individuals with substance use, mental
health treatment, and other services, including short term housing.
Provides that the authority must award certain funds as performance
payments for political subdivisions or nonprofit organizations that
reduce the number of individuals with days unhoused, days in jail or
prison, or days hospitalized. Specifies that a person who owns or
operates a private camping facility funded under the bill's provisions is
immune from civil liability. Prohibits an individual from camping,
sleeping, or using for long term shelter land owned by the state or a
political subdivision, unless the land has been authorized for that use
under the provisions added by the bill or another law. Provides, if
certain elements are met, that a person who knowingly or intentionally
uses land owned by the state or a political subdivision for unauthorized
camping, sleeping, or for long term shelter commits a Class C
misdemeanor. Establishes an affirmative defense to such a prosecution.
Prohibits a political subdivision from adopting or enforcing any policy
that prohibits or discourages the enforcement of any order or ordinance
prohibiting public camping, sleeping, or other obstruction of a
(Continued next page)
Effective: July 1, 2024.
Davis
January 11, 2024, read first time and referred to Committee on Government and Regulatory
Reform.
2024 IN 1413—LS 6806/DI 129 Digest Continued
sidewalk. Authorizes the attorney general to bring a civil action to
enjoin a political subdivision that adopts or enforces such a policy.
Makes conforming changes. Makes an appropriation.
2024 IN 1413—LS 6806/DI 1292024 IN 1413—LS 6806/DI 129 Introduced
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.
HOUSE BILL No. 1413
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-20-12 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]:
4 Chapter 12. Use of State Funds for Housing or Homelessness
5 Sec. 1. This chapter does not apply to the disbursement or
6 provision of state grants and funds to shelters for victims of
7 domestic violence.
8 Sec. 2. As used in this chapter, "authority" refers to the Indiana
9 housing and community development authority created by
10 IC 5-20-1-3.
11 Sec. 3. As used in this chapter, "political subdivision" has the
12 meaning set forth in IC 36-1-2-13.
13 Sec. 4. (a) As used in this chapter, "state funds" means any
14 funds appropriated to the authority by the state for housing or
15 homelessness and includes any federal funds received by the state
2024 IN 1413—LS 6806/DI 129 2
1 for housing or homelessness.
2 (b) The term does not include any federal funds to the extent the
3 expenditure of the federal funds is lawfully restricted to exclude
4 housing or homelessness programs set forth in this chapter.
5 Sec. 5. The amount appropriated to the authority for the
6 housing first program for the state fiscal year beginning July 1,
7 2024, and ending June 30, 2025, under SECTION 6 of P.L.201-2023
8 is canceled.
9 Sec. 6. The canceled appropriation as described in section 5 of
10 this chapter is appropriated to the authority for the state fiscal
11 year beginning July 1, 2024, and ending June 30, 2025, for the
12 purposes set forth in this chapter.
13 Sec. 7. State funds appropriated under section 6 of this chapter
14 and other funds available to the authority for programs for the
15 homeless (to the extent those other funds are not previously
16 encumbered, obligated, or allotted for another lawful purpose
17 related to homelessness) shall also be used for the following
18 purposes:
19 (1) For parking areas, at which the following shall be
20 available:
21 (A) Access to potable water and electric outlets.
22 (B) Access to bathrooms sufficient to serve all of the
23 parking areas.
24 (2) For camping facilities at which only an individual
25 experiencing homelessness may camp and store personal
26 property. The following requirements apply to a camping
27 facility:
28 (A) An individual shall only camp and store personal
29 property at a camping facility in the areas designated to
30 each individual by the agency providing the camping
31 facility.
32 (B) Each camping facility shall offer a mental health and
33 substance use evaluation as designated by a state or local
34 agency. An individual who uses the camping facility may
35 complete the evaluation.
36 (3) For individual shelters, which must meet each of the
37 following criteria:
38 (A) The individual shelter is suitable to house between one
39 (1) and three (3) individuals.
40 (B) The individual shelter provides basic sleeping
41 accommodations and access to electricity.
42 (C) The individual shelter provides adequate access to
2024 IN 1413—LS 6806/DI 129 3
1 showers and bathroom facilities.
2 (D) The individual shelter is limited to occupation by each
3 individual for a period of not more than two (2) years.
4 (4) For congregate shelters housing more than four (4)
5 homeless individuals in one (1) space. State funds shall be
6 available under this subdivision only to the extent the shelter
7 monitors and provides programs to improve the employment,
8 income, and prevention of return to homelessness of an
9 individual who leaves a congregate shelter. The authority
10 shall provide performance payments of up to ten percent
11 (10%) for monitoring programs that meet guidelines as
12 established by the authority.
13 An individual who uses a facility described in this section shall be
14 entered into a homelessness management information system
15 maintained by the local continuum of care.
16 Sec. 8. (a) In addition to the purposes described in section 7 of
17 this chapter, state funds must also be used to assist individuals
18 experiencing homelessness with substance use, mental health
19 treatment, and other services, including short term housing.
20 (b) The authority shall provide up to twenty-five percent (25%)
21 of the base allocation of funds as performance payments to a
22 political subdivision or a nonprofit organization providing services
23 under section 7 of this chapter or subsection (a) for meeting
24 predetermined goals on reductions of each of the following:
25 (1) Days unhoused.
26 (2) Days in jail or prison.
27 (3) Days hospitalized, with the relative weight of days
28 hospitalized to be determined by the authority.
29 (c) A political subdivision or a nonprofit organization may use
30 state grants received to conduct surveys to identify individuals with
31 the greatest number of days unhoused, in jail or prison, or
32 hospitalized, but these expenses shall not exceed ten percent (10%)
33 of the total grant amount.
34 Sec. 9. Any political subdivision with a higher per capita rate of
35 homelessness than the state average, as determined by the most
36 recent United States census numbers for the overall population and
37 the most recent federal Department of Housing and Urban
38 Development homelessness point-in-time continuum of care, as
39 defined by 24 CFR 578.5(a), for the political subdivision, shall,
40 after June 30, 2025, receive no further state funding by the
41 authority until the authority determines that the political
42 subdivision:
2024 IN 1413—LS 6806/DI 129 4
1 (1) has a per capita rate of unsheltered homeless individuals
2 at or below the state average; or
3 (2) is otherwise in compliance with this chapter.
4 Sec. 10. A private campground owner or an employee or officer
5 of a private campground operating a facility funded under this
6 chapter is immune from civil liability for all claims, excluding
7 claims involving the person's intentional or grossly negligent
8 conduct, arising out of the ownership, operation, management, or
9 other control of the facility.
10 Sec. 11. The authority may adopt rules under IC 4-22-2 to carry
11 out this chapter.
12 SECTION 2. IC 34-30-2.1-49.5 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2024]: Sec. 49.5. IC 5-20-12-10 (Concerning
15 the operation of a facility for the homeless by a private
16 campground owner or an employee or officer of a private
17 campground).
18 SECTION 3. IC 35-52-36-0.5 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2024]: Sec. 0.5. IC 36-1-31.5-1 defines a
21 crime concerning the unauthorized use of land owned by the state
22 or a political subdivision to camp, sleep, or use for long term
23 shelter.
24 SECTION 4. IC 36-1-31.5 IS ADDED TO THE INDIANA CODE
25 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]:
27 Chapter 31.5. Prohibition of Street Camping
28 Sec. 1. (a) A person may not camp, sleep, or use for long term
29 shelter land owned by the state or a political subdivision, unless the
30 land has been authorized for that use under IC 5-20-12 or another
31 law.
32 (b) If:
33 (1) a person violates subsection (a); and
34 (2) the person has not previously violated subsection (a);
35 the law enforcement officer who discovers the violation shall first
36 give the person a warning and offer to transport the person to a
37 location authorized under IC 5-20-12 or another law to receive
38 services or shelter.
39 (c) A person who knowingly or intentionally violates subsection
40 (a) after:
41 (1) having first received a warning under subsection (b); and
42 (2) twenty-four (24) hours have elapsed since the warning was
2024 IN 1413—LS 6806/DI 129 5
1 given under subsection (b);
2 commits a Class C misdemeanor.
3 (d) It is a defense to a prosecution under subsection (c) that
4 there are no services or shelter available at a location authorized
5 under IC 5-20-12 or another law within five (5) miles of where the
6 violation of this section occurred.
7 Sec. 2. (a) A political subdivision shall not adopt or enforce any
8 policy under which the political subdivision prohibits or
9 discourages the enforcement of any order or ordinance prohibiting
10 public camping, sleeping, or other obstruction of a sidewalk.
11 (b) In compliance with subsection (a), a political subdivision
12 shall not prohibit or discourage a law enforcement officer or
13 prosecuting attorney who is employed by or otherwise under the
14 direction or control of the political subdivision from enforcing any
15 order or ordinance prohibiting public camping, sleeping, or other
16 obstruction of a sidewalk.
17 (c) The attorney general may bring a civil action in any court
18 with jurisdiction against any political subdivision to enjoin the
19 political subdivision from violating this section.
20 (d) The attorney general may recover reasonable expenses
21 incurred in any civil action brought under this section, including
22 court costs, reasonable attorney's fees, investigative costs, witness
23 fees, and deposition costs.
24 Sec. 3. This chapter does not prohibit a policy of any political
25 subdivision that encourages diversion programs or offering of
26 services in lieu of a citation or arrest.
2024 IN 1413—LS 6806/DI 129