*ES0197.1*
April 7, 2025
ENGROSSED
SENATE BILL No. 197
_____
DIGEST OF SB 197 (Updated April 7, 2025 1:21 pm - DI 151)
Citations Affected: IC 12-15; IC 13-30; IC 33-23; IC 35-52; IC 36-1;
IC 36-7.
Synopsis: Various property matters. Provides that the enforcement
authority shall give notice with certain requirements. Provides that after
a civil penalty is imposed and a hearing is held, the enforcement
authority may impose an additional civil penalty. Provides that if a civil
penalty is unpaid for more than 30 days after payment of the civil
penalty is due, the civil penalty may be collected in the same manner
as unpaid costs for unsafe premises repairs or emergency actions taken.
Provides that depositing or causing or allowing the deposit of
contaminants or solid waste upon the land is a Class C misdemeanor in
certain circumstances. Provides that after May 14, 2025, a unit may not
adopt or enforce a utility usage data ordinance. Makes it a Class C
misdemeanor for a person to use public property of the state or a
political subdivision for purposes of sleeping or camping, subject to
certain exceptions and conditions. Requires a law enforcement officer
that discovers a violation to first determine if there are reasonable
(Continued next page)
Effective: Upon passage; July 1, 2025.
Freeman, Doriot, Bohacek
(HOUSE SPONSOR — IRELAND)
January 8, 2025, read first time and referred to Committee on Local Government.
February 13, 2025, amended, reported favorably — Do Pass.
February 18, 2025, read second time, amended, ordered engrossed.
February 19, 2025, engrossed.
February 20, 2025, read third time, passed. Yeas 41, nays 8.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Judiciary.
April 7, 2025, amended, reported — Do Pass.
ES 197—LS 6703/DI 116 Digest Continued
grounds for an emergency detention of the person. Provides that if the
law enforcement officer does not proceed with an emergency detention,
the law enforcement officer must: (1) give the person a warning to
move from the property within a certain period of time; (2) offer to
transport the person to a location (if a location exists and is available
to provide mental health services or shelter) within five miles of where
the violation occurs; and (3) call a local crisis intervention team for
assistance, if: (A) the unit is served by a local crisis intervention team;
and (B) a location to provide mental health services or shelter does not
exist or is not available to receive the person or the person refuses to
be transported to the location. Requires a person charged with a
violation to be referred to a problem solving court designated by the
prosecuting attorney. Allows application of a Medicaid waiver to
provide long term access to home and community based services,
including housing related services, under the healthy Indiana plan.
ES 197—LS 6703/DI 116ES 197—LS 6703/DI 116 April 7, 2025
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 197
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 12-15-1.3-26 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 26. (a) As used in this section,
4 "healthy Indiana plan" refers to the plan established under
5 IC 12-15-44.5, and any subsequent waiver for the eligibility group
6 described in IC 12-15-44.5.
7 (b) The office of the secretary may apply to the United States
8 Department of Health and Human Services for an amendment to
9 the healthy Indiana plan to provide long term access to home and
10 community based services, including housing related services,
11 under the healthy Indiana plan.
12 (c) The amendment may do the following:
13 (1) Provide comprehensive support for individuals with the
14 following:
15 (A) Serious mental illnesses.
16 (B) Severe substance use disorders.
17 (C) Traumatic brain injuries.
ES 197—LS 6703/DI 116 2
1 (D) Intellectual or developmental disabilities.
2 (2) Facilitate access to services that promote independence
3 and community integration.
4 (3) Include the following:
5 (A) Respite care.
6 (B) Community transition assistance.
7 (C) Supported employment.
8 (D) Other services necessary to meet the needs of healthy
9 Indiana plan recipients.
10 SECTION 2. IC 13-30-10-7 IS ADDED TO THE INDIANA CODE
11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
12 1, 2025]: Sec. 7. A person who knowingly, intentionally, or
13 recklessly:
14 (1) deposits or causes or allows the deposit of thirty (30)
15 square feet or more of contaminants or solid waste upon land
16 owned or controlled by another person, except through the
17 use of sanitary landfills, incineration, composting, garbage
18 grinding, or another method acceptable to the board; or
19 (2) on two (2) or more separate occasions deposits or causes
20 or allows the deposit of any amount of contaminants or solid
21 waste upon land owned or controlled by another person,
22 except through the use of sanitary landfills, incineration,
23 composting, garbage grinding, or another method acceptable
24 to the board;
25 commits a Class C misdemeanor.
26 SECTION 3. IC 33-23-16-13, AS AMENDED BY P.L.51-2024,
27 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 13. An individual is eligible to participate in a
29 problem solving court program only if:
30 (1) the individual meets all of the eligibility criteria established by
31 the board under section 12 of this chapter;
32 (2) the judge of the problem solving court approves the admission
33 of the individual to the problem solving court program; and
34 (3) the individual is referred to the problem solving court as a
35 result of at least one (1) of the following:
36 (A) A condition of a pretrial diversion program authorized by
37 statute or authorized by the judge of the problem solving court
38 and the prosecuting attorney.
39 (B) The procedure described in section 14 of this chapter.
40 (C) The procedure described in section 15 of this chapter.
41 (D) A condition of probation.
42 (E) A condition of participation in a community corrections
ES 197—LS 6703/DI 116 3
1 program under IC 11-12-1.
2 (F) A condition of participation in a forensic diversion
3 program under IC 11-12-3.7.
4 (G) A condition of a community transition program under
5 IC 11-10-11.5.
6 (H) A condition of parole.
7 (I) An order in a dispositional decree under IC 31-34-20 to
8 participate in a family dependency drug court if the individual
9 is a parent, guardian, or another household member of a child
10 adjudicated a child in need of services.
11 (J) A condition of an informal adjustment program under
12 IC 31-37-9.
13 (K) Involvement in:
14 (i) a child in need of services proceeding;
15 (ii) a child support proceeding;
16 (iii) a mental health commitment; or
17 (iv) a civil protection proceeding.
18 (L) A condition of an informal adjustment program under
19 IC 31-34-8.
20 (M) A condition of a misdemeanor sentence.
21 (N) A condition of a program authorized by the:
22 (i) judge of a problem solving court; and
23 (ii) department of correction or the county sheriff.
24 (O) A violation under IC 36-1-31.5.
25 SECTION 4. IC 35-52-13-17 IS ADDED TO THE INDIANA
26 CODE AS A NEW SECTION TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2025]: Sec. 17. IC 13-30-10-7 defines a crime
28 concerning the environment.
29 SECTION 5. IC 35-52-36-0.5 IS ADDED TO THE INDIANA
30 CODE AS A NEW SECTION TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. IC 36-1-31.5-6 defines a
32 crime concerning the unauthorized use of a public right-of-way or
33 land owned by the state or a political subdivision to camp, sleep, or
34 use for long term shelter.
35 SECTION 6. IC 36-1-3-8, AS AMENDED BY P.L.4-2023,
36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 UPON PASSAGE]: Sec. 8. (a) Subject to subsection (b), a unit does
38 not have the following:
39 (1) The power to condition or limit its civil liability, except as
40 expressly granted by statute.
41 (2) The power to prescribe the law governing civil actions
42 between private persons.
ES 197—LS 6703/DI 116 4
1 (3) The power to impose duties on another political subdivision,
2 except as expressly granted by statute.
3 (4) The power to impose a tax, except as expressly granted by
4 statute.
5 (5) The power to impose a license fee greater than that reasonably
6 related to the administrative cost of exercising a regulatory power.
7 (6) The power to impose a service charge or user fee greater than
8 that reasonably related to reasonable and just rates and charges
9 for services.
10 (7) The power to regulate conduct that is regulated by a state
11 agency, except as expressly granted by statute.
12 (8) The power to prescribe a penalty for conduct constituting a
13 crime or infraction under statute.
14 (9) The power to prescribe a penalty of imprisonment for an
15 ordinance violation.
16 (10) The power to prescribe a penalty of a fine as follows:
17 (A) More than ten thousand dollars ($10,000) for the violation
18 of an ordinance or a regulation concerning air emissions
19 adopted by a county that has received approval to establish an
20 air permit program under IC 13-17-12-6.
21 (B) For a violation of any other ordinance:
22 (i) more than two thousand five hundred dollars ($2,500) for
23 a first violation of the ordinance; and
24 (ii) except as provided in subsection (c), more than seven
25 thousand five hundred dollars ($7,500) for a second or
26 subsequent violation of the ordinance.
27 (11) The power to invest money, except as expressly granted by
28 statute.
29 (12) The power to adopt an ordinance, a resolution, or an order
30 concerning an election described by IC 3-5-1-2, or otherwise
31 conduct an election, except as expressly granted by statute. An
32 ordinance, a resolution, or an order concerning an election
33 described by IC 3-5-1-2 that was adopted before January 1, 2023,
34 is void unless a statute expressly granted the unit the power to
35 adopt the ordinance, resolution, or order.
36 (13) The power to adopt or enforce an ordinance described in
37 section 8.5 of this chapter.
38 (14) The power to take any action prohibited by section 8.6 of this
39 chapter.
40 (15) The power to dissolve a political subdivision, except:
41 (A) as expressly granted by statute; or
42 (B) if IC 36-1-8-17.7 applies to the political subdivision, in
ES 197—LS 6703/DI 116 5
1 accordance with the procedure set forth in IC 36-1-8-17.7.
2 (16) After June 30, 2019, the power to enact an ordinance
3 requiring a solid waste hauler or a person who operates a vehicle
4 in which recyclable material is transported for recycling to collect
5 fees authorized by IC 13-21 and remit the fees to:
6 (A) a unit; or
7 (B) the board of a solid waste management district established
8 under IC 13-21.
9 (17) The power to adopt or enforce an ordinance described in
10 section 8.7 of this chapter.
11 (b) A township does not have the following, except as expressly
12 granted by statute:
13 (1) The power to require a license or impose a license fee.
14 (2) The power to impose a service charge or user fee.
15 (3) The power to prescribe a penalty.
16 (c) Subsection (a)(10)(B)(ii) does not apply to the violation of an
17 ordinance that regulates traffic or parking.
18 SECTION 7. IC 36-1-3-8.7 IS ADDED TO THE INDIANA CODE
19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
20 UPON PASSAGE]: Sec. 8.7. (a) As used in this section, "unit"
21 means a county or a municipality.
22 (b) As used in this section, "utility" means a utility, however
23 organized, that provides utility service to customers in Indiana.
24 The term includes a utility that is owned, operated, or held in trust
25 by a consolidated city.
26 (c) As used in this section, "utility service" means:
27 (1) electric;
28 (2) natural gas;
29 (3) water; or
30 (4) wastewater;
31 service that is provided at retail.
32 (d) As used in this section, "utility usage data ordinance":
33 (1) means an ordinance that is adopted by a unit and that
34 requires:
35 (A) the owner or tenant of a building; or
36 (B) a utility providing utility service to a building;
37 to report to the unit, or to any other party, whether directly
38 or indirectly, data on the utility service used or consumed at
39 a building during a specified reporting period; and
40 (2) does not include an ordinance that authorizes or facilitates
41 the voluntary reporting of data described in subdivision (1)
42 by:
ES 197—LS 6703/DI 116 6
1 (A) the owner or tenant of a building; or
2 (B) a utility providing utility service to a building.
3 (e) After May 14, 2025, a unit may not adopt or enforce a utility
4 usage data ordinance.
5 SECTION 8. IC 36-1-31.5 IS ADDED TO THE INDIANA CODE
6 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]:
8 Chapter 31.5. Street Camping
9 Sec. 1. As used in this chapter, "emergency detention" means an
10 emergency detention of a person under IC 12-26-5.
11 Sec. 2. As used in this chapter, "public land" means land that is:
12 (1) owned by the state or a political subdivision; and
13 (2) not a public right-of-way.
14 Sec. 3. A person may not camp, sleep, or use for long term
15 shelter:
16 (1) a public right-of-way; or
17 (2) public land;
18 unless authorized for that use by the state or political subdivision,
19 as appropriate.
20 Sec. 4. If a person violates section 3 of this chapter, the law
21 enforcement officer who discovers the violation shall first
22 determine if there are reasonable grounds for an emergency
23 detention of the person. If there are reasonable grounds for an
24 emergency detention, the law enforcement officer shall proceed
25 under IC 12-26-5 and not this chapter.
26 Sec. 5. If the law enforcement officer determines that there are
27 not reasonable grounds for an emergency detention of the person,
28 the law enforcement officer shall:
29 (1) give the person a warning that the person must move from
30 the public right-of-way or the public land, whichever is
31 appropriate, not later than:
32 (A) twenty-four (24) hours after receiving the warning, if
33 the violation is regarding the public right-of-way; or
34 (B) seventy-two (72) hours after receiving the warning, if
35 the violation is regarding public land;
36 (2) offer to transport the person to a location, if any location
37 exists and is available to receive the person:
38 (A) that is not more than five (5) miles from where the
39 violation occurred; and
40 (B) where the person may receive:
41 (i) mental health services; or
42 (ii) shelter; and
ES 197—LS 6703/DI 116 7
1 (3) call a local crisis intervention team for assistance, if:
2 (A) the unit is served by a local crisis intervention team;
3 and
4 (B) a location meeting the requirements of subdivision (2):
5 (i) does not exist or is not available to receive the person;
6 or
7 (ii) exists and is available to receive the person, but the
8 person refuses to be transported to the location.
9 Sec. 6. A person who knowingly or intentionally violates section
10 3 of this chapter after:
11 (1) refusing an offer to be transported to a location that meets
12 the requirements of section 5(2) of this chapter; and
13 (2) more than:
14 (A) twenty-four (24) hours have elapsed since the person
15 was given the warning under section 5(1)(A) of this
16 chapter; or
17 (B) seventy-two (72) hours have elapsed since the person
18 was given the warning under section 5(1)(B) of this
19 chapter;
20 commits a Class C misdemeanor.
21 Sec. 7. At the initial hearing of a person for a violation under
22 section 6 of this chapter, the person shall be referred to the
23 problem solving court:
24 (1) established under IC 33-23-16; and
25 (2) designated by the prosecuting attorney.
26 SECTION 9. IC 36-7-9-7, AS AMENDED BY P.L.247-2015,
27 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 7. (a) A hearing must be held relative to each
29 order of the enforcement authority, except for an order issued under
30 section 5(a)(2), 5(a)(3), 5(a)(4), or 5(a)(5) or 7.5 of this chapter. An
31 order issued under section 5(a)(2), 5(a)(3), 5(a)(4), or 5(a)(5) or 7.5 of
32 this chapter becomes final ten (10) days after notice is given, unless a
33 hearing is requested before the ten (10) day period ends by a person
34 holding a fee interest, life estate interest, mortgage interest, or equitable
35 interest of a contract purchaser in the unsafe premises. The hearing
36 shall be conducted by the hearing authority.
37 (b) The hearing shall be held on a business day no earlier than ten
38 (10) days after notice of the order is given. The hearing authority may,
39 however, take action at the hearing, or before the hearing if a written
40 request is received by the enforcement authority not later than five (5)
41 days after notice is given, to continue the hearing to a business day not
42 later than fourteen (14) days after the hearing date shown on the order.
ES 197—LS 6703/DI 116 8
1 Unless the hearing authority takes action to have the continued hearing
2 held on a definite, specified date, notice of the continued hearing must
3 be given to the person to whom the order was issued at least five (5)
4 days before the continued hearing date, in the manner prescribed by
5 section 25 of this chapter. If the order being considered at the
6 continued hearing was served by publication, it is sufficient to give
7 notice of the continued hearing by publication unless the enforcement
8 authority has received information in writing that enables it to make
9 service under section 25 of this chapter by a method other than
10 publication.
11 (c) The person to whom the order was issued, any person having a
12 substantial property interest in the unsafe premises that are the subject
13 of the order, or any other person with an interest in the proceedings
14 may appear in person or by counsel at the hearing. Each person
15 appearing at the hearing is entitled to present evidence, cross-examine
16 opposing witnesses, and present arguments.
17 (d) At the conclusion of any hearing at which a continuance is not
18 granted, the hearing authority may make findings and take action to:
19 (1) affirm the order;
20 (2) rescind the order; or
21 (3) modify the order, but unless the person to whom the order was
22 issued, or counsel for that person, is present at the hearing, the
23 hearing authority may modify the order in only a manner that
24 makes its terms less stringent.
25 (e) In addition to affirming the order, in those cases in which the
26 hearing authority finds that there has been a willful failure to comply
27 with the order, the hearing authority may impose a civil penalty in an
28 amount not to exceed five thousand dollars ($5,000). The effective date
29 of the civil penalty may be postponed for a reasonable period, after
30 which the hearing authority may order the civil penalty reduced or
31 stricken if the hearing authority is satisfied that all work necessary to
32 fully comply with the order has been done. For purposes of an appeal
33 under section 8 of this chapter or enforcement of an order under section
34 17 of this chapter, action of the hearing authority is considered final
35 upon the affirmation of the order, even though the hearing authority
36 may retain jurisdiction for the ultimate determination related to the
37 civil penalty. In the hearing authority's exercise of continuing
38 jurisdiction, the hearing authority may, in addition to reducing or
39 striking the civil penalty, impose one (1) or more additional civil
40 penalties in an amount not to exceed five thousand dollars ($5,000) per
41 civil penalty. An additional civil penalty may be imposed if the hearing
42 authority finds that:
ES 197—LS 6703/DI 116 9
1 (1) significant work on the premises to comply with the affirmed
2 order has not been accomplished; and
3 (2) the premises have a negative effect on property values or the
4 quality of life of the surrounding area or the premises require the
5 provision of services by local government in excess of the
6 services required by ordinary properties.
7 The hearing authority may not impose an additional civil penalty in a
8 hearing to review a civil penalty imposed by the enforcement authority
9 under section 7.5 of this chapter.
10 (f) If, at a hearing, a person to whom an order has been issued
11 requests an additional period to accomplish action required by the
12 order, and shows good cause for this request to be granted, the hearing
13 authority may grant the request. However, as a condition for allowing
14 the additional period, the hearing authority may require that the person
15 post a performance bond to be forfeited if the action required by the
16 order is not completed within the additional period.
17 (g) If an order is affirmed or modified, the hearing authority shall
18 issue a continuous enforcement order (as defined in section 2 of this
19 chapter).
20 (h) The board or commission having control over the department
21 shall, at a public hearing, after having given notice of the time and
22 place of the hearing by publication in accordance with IC 5-3-1, adopt
23 a schedule setting forth the maximum amount of performance bonds
24 applicable to various types of ordered action. The hearing authority
25 shall use this schedule to fix the amount of the performance bond
26 required under subsection (f).
27 (i) The record of the findings made and action taken by the hearing
28 authority at the hearing shall be available to the public upon request.
29 However, neither the enforcement authority nor the hearing authority
30 is required to give any person notice of the findings and action.
31 (j) If a civil penalty under subsection (e) is unpaid for more than
32 fifteen (15) days after payment of the civil penalty is due, the civil
33 penalty may be collected from any person against whom the hearing
34 officer assessed the civil penalty or fine. A civil penalty or fine may be
35 collected under this subsection in the same manner as costs under
36 section 13 or 13.5 of this chapter. The amount of the civil penalty or
37 fine that is collected shall be deposited in the unsafe building fund.
38 SECTION 10. IC 36-7-9-7.5, AS ADDED BY P.L.247-2015,
39 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 7.5. (a) This section applies to an order issued
41 under section 5(a)(5) of this chapter for which a hearing was not
42 requested as provided in section 7 of this chapter.
ES 197—LS 6703/DI 116 10
1 (b) If the person to whom the order was issued fails or refuses to
2 comply with the order within sixty (60) days or the time specified in the
3 order, the enforcement authority may impose a civil penalty not to
4 exceed two thousand five hundred dollars ($2,500). The enforcement
5 authority shall give notice of the civil penalty as described in section
6 25 of this chapter to all persons with a known or recorded substantial
7 property interest in the unsafe premises.
8 (c) The notice under subsection (b) must contain the following
9 information:
10 (1) The name of the person to whom the order was issued.
11 (2) The action that is required to bring the premises into
12 compliance.
13 (3) The date, time, and location of the hearing on the civil
14 penalty under section 7 of this chapter.
15 (c) (d) After:
16 (1) a civil penalty is imposed under subsection (b); and
17 (2) a hearing is held under section 7 of this chapter;
18 the enforcement authority may impose an additional civil penalty in an
19 amount not to exceed one thousand dollars ($1,000) every ninety (90)
20 days if the person to whom the order was issued continues to fail or
21 refuse to comply with the order.
22 (d) (e) If a civil penalty under this section is unpaid for more than
23 fifteen (15) thirty (30) days after payment of the civil penalty is due,
24 the civil penalty may be collected in the same manner as costs under
25 section 13 or 13.5 of this chapter. The amount of the civil penalty that
26 is collected shall be deposited in the unsafe building fund.
27 SECTION 11. An emergency is declared for this act.
ES 197—LS 6703/DI 116 11
COMMITTEE REPORT
Mr. President: The Senate Committee on Local Government, to
which was referred Senate Bill No. 197, 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 2, line 33, strike "ten (10)" and insert "ninety (90)".
Page 2, line 38, strike "ten (10)" and insert "ninety (90)".
Page 3, delete lines 25 through 42, begin a new paragraph and
insert:
"SECTION 2. IC 36-7-9-7, AS AMENDED BY P.L.247-2015,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) A hearing must be held relative to each
order of the enforcement authority, except for an order issued under
section 5(a)(2), 5(a)(3), 5(a)(4), 5(a)(5), or 7.5 of this chapter. An order
issued under section 5(a)(2), 5(a)(3), 5(a)(4), 5(a)(5), or 7.5 of this
chapter becomes final ten (10) ninety (90) days after notice is given,
unless a hearing is requested before the ten (10) ninety (90) day period
ends by a person holding a fee interest, life estate interest, mortgage
interest, or equitable interest of a contract purchaser in the unsafe
premises. The hearing shall be conducted by the hearing authority.
(b) The hearing shall be held on a business day no earlier than ten
(10) days after notice of the order is given. The hearing authority may,
however, take action at the hearing, or before the hearing if a written
request is received by the enforcement authority not later than five (5)
days after notice is given, to continue the hearing to a business day not
later than fourteen (14) days after the hearing date shown on the order.
Unless the hearing authority takes action to have the continued hearing
held on a definite, specified date, notice of the continued hearing must
be given to the person to whom the order was issued at least five (5)
days before the continued hearing date, in the manner prescribed by
section 25 of this chapter. If the order being considered at the
continued hearing was served by publication, it is sufficient to give
notice of the continued hearing by publication unless the enforcement
authority has received information in writing that enables it to make
service under section 25 of this chapter by a method other than
publication.
(c) The person to whom the order was issued, any person having a
substantial property interest in the unsafe premises that are the subject
of the order, or any other person with an interest in the proceedings
may appear in person or by counsel at the hearing. Each person
appearing at the hearing is entitled to present evidence, cross-examine
ES 197—LS 6703/DI 116 12
opposing witnesses, and present arguments.
(d) At the conclusion of any hearing at which a continuance is not
granted, the hearing authority may make findings and take action to:
(1) affirm the order;
(2) rescind the order; or
(3) modify the order, but unless the person to whom the order was
issued, or counsel for that person, is present at the hearing, the
hearing authority may modify the order in only a manner that
makes its terms less stringent.
(e) In addition to affirming the order, in those cases in which the
hearing authority finds that there has been a willful failure to comply
with the order, the hearing authority may impose a civil penalty in an
amount not to exceed five thousand dollars ($5,000). The effective date
of the civil penalty may be postponed for a reasonable period, after
which the hearing authority may order the civil penalty reduced or
stricken if the hearing authority is satisfied that all work necessary to
fully comply with the order has been done. For purposes of an appeal
under section 8 of this chapter or enforcement of an order under section
17 of this chapter, action of the hearing authority is considered final
upon the affirmation of the order, even though the hearing authority
may retain jurisdiction for the ultimate determination related to the
civil penalty. In the hearing authority's exercise of continuing
jurisdiction, the hearing authority may, in addition to reducing or
striking the civil penalty, impose one (1) or more additional civil
penalties in an amount not to exceed five thousand dollars ($5,000) per
civil penalty. An additional civil penalty may be imposed if the hearing
authority finds that:
(1) significant work on the premises to comply with the affirmed
order has not been accomplished; and
(2) the premises have a negative effect on property values or the
quality of life of the surrounding area or the premises require the
provision of services by local government in excess of the
services required by ordinary properties.
The hearing authority may not impose an additional civil penalty in a
hearing to review a civil penalty imposed by the enforcement authority
under section 7.5 of this chapter.
(f) If, at a hearing, a person to whom an order has been issued
requests an additional period to accomplish action required by the
order, and shows good cause for this request to be granted, the hearing
authority may grant the request. However, as a condition for allowing
the additional period, the hearing authority may require that the person
post a performance bond to be forfeited if the action required by the
ES 197—LS 6703/DI 116 13
order is not completed within the additional period.
(g) If an order is affirmed or modified, the hearing authority shall
issue a continuous enforcement order (as defined in section 2 of this
chapter).
(h) The board or commission having control over the department
shall, at a public hearing, after having given notice of the time and
place of the hearing by publication in accordance with IC 5-3-1, adopt
a schedule setting forth the maximum amount of performance bonds
applicable to various types of ordered action. The hearing authority
shall use this schedule to fix the amount of the performance bond
required under subsection (f).
(i) The record of the findings made and action taken by the hearing
authority at the hearing shall be available to the public upon request.
However, neither the enforcement authority nor the hearing authority
is required to give any person notice of the findings and action.
(j) If a civil penalty under subsection (e) is unpaid for more than
fifteen (15) days after payment of the civil penalty is due, the civil
penalty may be collected from any person against whom the hearing
officer assessed the civil penalty or fine. A civil penalty or fine may be
collected under this subsection in the same manner as costs under
section 13 or 13.5 of this chapter. The amount of the civil penalty or
fine that is collected shall be deposited in the unsafe building fund.".
Delete pages 4 through 5.
Page 6, between lines 31 and 32, begin a new line blocked left and
insert:
"If the civil penalties are not waived, the civil penalties assessed
before the purchase of the property remain the liability of the
seller and may be enforced by any legal remedy, including a civil
lawsuit instituted by the enforcement authority to collect the civil
penalties. However, nothing in this subsection prevents the
enforcement authority from initiating new proceedings for the
issuance of an order against the purchaser of the property
regarding any unsafe condition of the property that is or remains
uncorrected after the date that the property is purchased.
(f) A civil penalty assessed under this section against the person
to whom the order was issued may be waived by the hearing
authority under section 7 of this chapter, if the person brings the
property into compliance with the order.".
Page 6, delete lines 32 through 37, begin a new paragraph and
insert:
"SECTION 4. IC 36-7-9-7.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
ES 197—LS 6703/DI 116 14
1, 2025]: Sec. 7.7. A civil penalty under section 7 or 7.5 of this
chapter or any other fee under this chapter:
(1) may not be included on a property tax statement issued to
a taxpayer under IC 6-1.1 and must be billed separately; and
(2) is a lien on the property.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 197 as introduced.)
BUCK, Chairperson
Committee Vote: Yeas 6, Nays 3.
_____
SENATE MOTION
Mr. President: I move that Senate Bill 197 be amended to read as
follows:
Page 5, delete lines 37 through 42.
Page 6, delete lines 1 through 38.
Page 7, after line 3, begin a new paragraph and insert:
"SECTION 4. IC 36-7-9-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 27. (a) Except as
provided in subsection (b), a person who has been issued and has
received notice of an order relative to unsafe premises and has not
complied with that order:
(1) must supply full information regarding the order to a person
who takes or agrees to take a substantial property interest in the
unsafe premises before transferring or agreeing to transfer that
interest; and
(2) must, within five (5) days after transferring or agreeing to
transfer a substantial property interest in the unsafe premises,
supply the enforcement authority with written copies of:
(A) the full name, address, and telephone number of the
person taking a substantial property interest in the unsafe
premises; and
(B) the legal instrument under which the transfer or agreement
to transfer the substantial property interest is accomplished.
(b) If a civil penalty is imposed on an unsafe premises under
section 7 or 7.5 of this chapter prior to the transfer or agreement
to transfer a substantial property interest in the unsafe premises,
ES 197—LS 6703/DI 116 15
the person transferring the substantial property interest shall
either:
(1) pay the civil penalty; or
(2) bring the property into compliance with the order
prior to the transfer or agreement to transfer the substantial
property interest in the unsafe premises.
(b) (c) If a judgment is obtained against the department,
enforcement authority, or other governmental entity for the failure of
that entity to provide notice to persons holding an interest in unsafe
premises in an action taken by the entity under this chapter, a person
who failed to comply with this section is liable to the entity for the
amount of the judgment if it can be shown that the entity's failure to
give notice was a result of that person's failure.".
(Reference is to SB 197 as printed February 14, 2025.)
FREEMAN
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Judiciary, to which was referred
Senate Bill 197, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 12-15-1.3-26 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 26. (a) As used in this section,
"healthy Indiana plan" refers to the plan established under
IC 12-15-44.5, and any subsequent waiver for the eligibility group
described in IC 12-15-44.5.
(b) The office of the secretary may apply to the United States
Department of Health and Human Services for an amendment to
the healthy Indiana plan to provide long term access to home and
community based services, including housing related services,
under the healthy Indiana plan.
(c) The amendment may do the following:
(1) Provide comprehensive support for individuals with the
following:
(A) Serious mental illnesses.
(B) Severe substance use disorders.
ES 197—LS 6703/DI 116 16
(C) Traumatic brain injuries.
(D) Intellectual or developmental disabilities.
(2) Facilitate access to services that promote independence
and community integration.
(3) Include the following:
(A) Respite care.
(B) Community transition assistance.
(C) Supported employment.
(D) Other services necessary to meet the needs of healthy
Indiana plan recipients.
SECTION 2. IC 13-30-10-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 7. A person who knowingly, intentionally, or
recklessly:
(1) deposits or causes or allows the deposit of thirty (30)
square feet or more of contaminants or solid waste upon land
owned or controlled by another person, except through the
use of sanitary landfills, incineration, composting, garbage
grinding, or another method acceptable to the board; or
(2) on two (2) or more separate occasions deposits or causes
or allows the deposit of any amount of contaminants or solid
waste upon land owned or controlled by another person,
except through the use of sanitary landfills, incineration,
composting, garbage grinding, or another method acceptable
to the board;
commits a Class C misdemeanor.
SECTION 3. IC 33-23-16-13, AS AMENDED BY P.L.51-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. An individual is eligible to participate in a
problem solving court program only if:
(1) the individual meets all of the eligibility criteria established by
the board under section 12 of this chapter;
(2) the judge of the problem solving court approves the admission
of the individual to the problem solving court program; and
(3) the individual is referred to the problem solving court as a
result of at least one (1) of the following:
(A) A condition of a pretrial diversion program authorized by
statute or authorized by the judge of the problem solving court
and the prosecuting attorney.
(B) The procedure described in section 14 of this chapter.
(C) The procedure described in section 15 of this chapter.
(D) A condition of probation.
ES 197—LS 6703/DI 116 17
(E) A condition of participation in a community corrections
program under IC 11-12-1.
(F) A condition of participation in a forensic diversion
program under IC 11-12-3.7.
(G) A condition of a community transition program under
IC 11-10-11.5.
(H) A condition of parole.
(I) An order in a dispositional decree under IC 31-34-20 to
participate in a family dependency drug court if the individual
is a parent, guardian, or another household member of a child
adjudicated a child in need of services.
(J) A condition of an informal adjustment program under
IC 31-37-9.
(K) Involvement in:
(i) a child in need of services proceeding;
(ii) a child support proceeding;
(iii) a mental health commitment; or
(iv) a civil protection proceeding.
(L) A condition of an informal adjustment program under
IC 31-34-8.
(M) A condition of a misdemeanor sentence.
(N) A condition of a program authorized by the:
(i) judge of a problem solving court; and
(ii) department of correction or the county sheriff.
(O) A violation under IC 36-1-31.5.
SECTION 4. IC 35-52-13-17 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 17. IC 13-30-10-7 defines a crime
concerning the environment.
SECTION 5. IC 35-52-36-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 0.5. IC 36-1-31.5-6 defines a
crime concerning the unauthorized use of a public right-of-way or
land owned by the state or a political subdivision to camp, sleep, or
use for long term shelter.
SECTION 6. IC 36-1-3-8, AS AMENDED BY P.L.4-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) Subject to subsection (b), a unit does
not have the following:
(1) The power to condition or limit its civil liability, except as
expressly granted by statute.
(2) The power to prescribe the law governing civil actions
ES 197—LS 6703/DI 116 18
between private persons.
(3) The power to impose duties on another political subdivision,
except as expressly granted by statute.
(4) The power to impose a tax, except as expressly granted by
statute.
(5) The power to impose a license fee greater than that reasonably
related to the administrative cost of exercising a regulatory power.
(6) The power to impose a service charge or user fee greater than
that reasonably related to reasonable and just rates and charges
for services.
(7) The power to regulate conduct that is regulated by a state
agency, except as expressly granted by statute.
(8) The power to prescribe a penalty for conduct constituting a
crime or infraction under statute.
(9) The power to prescribe a penalty of imprisonment for an
ordinance violation.
(10) The power to prescribe a penalty of a fine as follows:
(A) More than ten thousand dollars ($10,000) for the violation
of an ordinance or a regulation concerning air emissions
adopted by a county that has received approval to establish an
air permit program under IC 13-17-12-6.
(B) For a violation of any other ordinance:
(i) more than two thousand five hundred dollars ($2,500) for
a first violation of the ordinance; and
(ii) except as provided in subsection (c), more than seven
thousand five hundred dollars ($7,500) for a second or
subsequent violation of the ordinance.
(11) The power to invest money, except as expressly granted by
statute.
(12) The power to adopt an ordinance, a resolution, or an order
concerning an election described by IC 3-5-1-2, or otherwise
conduct an election, except as expressly granted by statute. An
ordinance, a resolution, or an order concerning an election
described by IC 3-5-1-2 that was adopted before January 1, 2023,
is void unless a statute expressly granted the unit the power to
adopt the ordinance, resolution, or order.
(13) The power to adopt or enforce an ordinance described in
section 8.5 of this chapter.
(14) The power to take any action prohibited by section 8.6 of this
chapter.
(15) The power to dissolve a political subdivision, except:
(A) as expressly granted by statute; or
ES 197—LS 6703/DI 116 19
(B) if IC 36-1-8-17.7 applies to the political subdivision, in
accordance with the procedure set forth in IC 36-1-8-17.7.
(16) After June 30, 2019, the power to enact an ordinance
requiring a solid waste hauler or a person who operates a vehicle
in which recyclable material is transported for recycling to collect
fees authorized by IC 13-21 and remit the fees to:
(A) a unit; or
(B) the board of a solid waste management district established
under IC 13-21.
(17) The power to adopt or enforce an ordinance described in
section 8.7 of this chapter.
(b) A township does not have the following, except as expressly
granted by statute:
(1) The power to require a license or impose a license fee.
(2) The power to impose a service charge or user fee.
(3) The power to prescribe a penalty.
(c) Subsection (a)(10)(B)(ii) does not apply to the violation of an
ordinance that regulates traffic or parking.
SECTION 7. IC 36-1-3-8.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8.7. (a) As used in this section, "unit"
means a county or a municipality.
(b) As used in this section, "utility" means a utility, however
organized, that provides utility service to customers in Indiana.
The term includes a utility that is owned, operated, or held in trust
by a consolidated city.
(c) As used in this section, "utility service" means:
(1) electric;
(2) natural gas;
(3) water; or
(4) wastewater;
service that is provided at retail.
(d) As used in this section, "utility usage data ordinance":
(1) means an ordinance that is adopted by a unit and that
requires:
(A) the owner or tenant of a building; or
(B) a utility providing utility service to a building;
to report to the unit, or to any other party, whether directly
or indirectly, data on the utility service used or consumed at
a building during a specified reporting period; and
(2) does not include an ordinance that authorizes or facilitates
the voluntary reporting of data described in subdivision (1)
ES 197—LS 6703/DI 116 20
by:
(A) the owner or tenant of a building; or
(B) a utility providing utility service to a building.
(e) After May 14, 2025, a unit may not adopt or enforce a utility
usage data ordinance.
SECTION 8. IC 36-1-31.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 31.5. Street Camping
Sec. 1. As used in this chapter, "emergency detention" means an
emergency detention of a person under IC 12-26-5.
Sec. 2. As used in this chapter, "public land" means land that is:
(1) owned by the state or a political subdivision; and
(2) not a public right-of-way.
Sec. 3. A person may not camp, sleep, or use for long term
shelter:
(1) a public right-of-way; or
(2) public land;
unless authorized for that use by the state or political subdivision,
as appropriate.
Sec. 4. If a person violates section 3 of this chapter, the law
enforcement officer who discovers the violation shall first
determine if there are reasonable grounds for an emergency
detention of the person. If there are reasonable grounds for an
emergency detention, the law enforcement officer shall proceed
under IC 12-26-5 and not this chapter.
Sec. 5. If the law enforcement officer determines that there are
not reasonable grounds for an emergency detention of the person,
the law enforcement officer shall:
(1) give the person a warning that the person must move from
the public right-of-way or the public land, whichever is
appropriate, not later than:
(A) twenty-four (24) hours after receiving the warning, if
the violation is regarding the public right-of-way; or
(B) seventy-two (72) hours after receiving the warning, if
the violation is regarding public land;
(2) offer to transport the person to a location, if any location
exists and is available to receive the person:
(A) that is not more than five (5) miles from where the
violation occurred; and
(B) where the person may receive:
(i) mental health services; or
ES 197—LS 6703/DI 116 21
(ii) shelter; and
(3) call a local crisis intervention team for assistance, if:
(A) the unit is served by a local crisis intervention team;
and
(B) a location meeting the requirements of subdivision (2):
(i) does not exist or is not available to receive the person;
or
(ii) exists and is available to receive the person, but the
person refuses to be transported to the location.
Sec. 6. A person who knowingly or intentionally violates section
3 of this chapter after:
(1) refusing an offer to be transported to a location that meets
the requirements of section 5(2) of this chapter; and
(2) more than:
(A) twenty-four (24) hours have elapsed since the person
was given the warning under section 5(1)(A) of this
chapter; or
(B) seventy-two (72) hours have elapsed since the person
was given the warning under section 5(1)(B) of this
chapter;
commits a Class C misdemeanor.
Sec. 7. At the initial hearing of a person for a violation under
section 6 of this chapter, the person shall be referred to the
problem solving court:
(1) established under IC 33-23-16; and
(2) designated by the prosecuting attorney.".
Page 1, delete lines 1 through 17.
Delete page 2.
Page 3, delete lines 1 through 24.
Page 3, line 29, after "5(a)(4)," insert "or".
Page 3, line 29, after "5(a)(5)" delete ",".
Page 3, line 29, strike "or 7.5".
Page 3, line 30, after "5(a)(4)," insert "or".
Page 3, line 30, after "5(a)(5)" delete ",".
Page 3, line 30, strike "or 7.5".
Page 3, line 31, reset in roman "ten (10)".
Page 3, line 31, delete "ninety (90)".
Page 3, line 32, reset in roman "ten (10)".
Page 3, line 32, delete "ninety (90)".
Page 5, delete lines 37 through 42, begin a new paragraph and
insert:
"SECTION 10. IC 36-7-9-7.5, AS ADDED BY P.L.247-2015,
ES 197—LS 6703/DI 116 22
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7.5. (a) This section applies to an order issued
under section 5(a)(5) of this chapter for which a hearing was not
requested as provided in section 7 of this chapter.
(b) If the person to whom the order was issued fails or refuses to
comply with the order within sixty (60) days or the time specified in the
order, the enforcement authority may impose a civil penalty not to
exceed two thousand five hundred dollars ($2,500). The enforcement
authority shall give notice of the civil penalty as described in section
25 of this chapter to all persons with a known or recorded substantial
property interest in the unsafe premises.
(c) The notice under subsection (b) must contain the following
information:
(1) The name of the person to whom the order was issued.
(2) The action that is required to bring the premises into
compliance.
(3) The date, time, and location of the hearing on the civil
penalty under section 7 of this chapter.
(c) (d) After:
(1) a civil penalty is imposed under subsection (b); and
(2) a hearing is held under section 7 of this chapter;
the enforcement authority may impose an additional civil penalty in an
amount not to exceed one thousand dollars ($1,000) every ninety (90)
days if the person to whom the order was issued continues to fail or
refuse to comply with the order.
(d) (e) If a civil penalty under this section is unpaid for more than
fifteen (15) thirty (30) days after payment of the civil penalty is due,
the civil penalty may be collected in the same manner as costs under
section 13 or 13.5 of this chapter. The amount of the civil penalty that
is collected shall be deposited in the unsafe building fund.
SECTION 11. An emergency is declared for this act.".
Delete page 6.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 197 as reprinted February 19, 2025.)
JETER
Committee Vote: yeas 7, nays 3.
ES 197—LS 6703/DI 116