IN
Indiana Senate Bill SB0197

Indiana 2025 Regular Session

Indiana Senate Bill SB0197 Compare Versions

OldNewDifferences
1-*ES0197.2*
2-Reprinted
3-April 11, 2025
1+*ES0197.1*
2+April 7, 2025
43 ENGROSSED
54 SENATE BILL No. 197
65 _____
7-DIGEST OF SB 197 (Updated April 10, 2025 1:31 pm - DI 151)
8-Citations Affected: IC 12-7; IC 12-15; IC 13-30; IC 33-23; IC 35-52;
9-IC 36-1; IC 36-7.
6+DIGEST OF SB 197 (Updated April 7, 2025 1:21 pm - DI 151)
7+Citations Affected: IC 12-15; IC 13-30; IC 33-23; IC 35-52; IC 36-1;
8+IC 36-7.
109 Synopsis: Various property matters. Provides that the enforcement
1110 authority shall give notice with certain requirements. Provides that after
1211 a civil penalty is imposed and a hearing is held, the enforcement
1312 authority may impose an additional civil penalty. Provides that if a civil
1413 penalty is unpaid for more than 30 days after payment of the civil
1514 penalty is due, the civil penalty may be collected in the same manner
15+as unpaid costs for unsafe premises repairs or emergency actions taken.
16+Provides that depositing or causing or allowing the deposit of
17+contaminants or solid waste upon the land is a Class C misdemeanor in
18+certain circumstances. Provides that after May 14, 2025, a unit may not
19+adopt or enforce a utility usage data ordinance. Makes it a Class C
20+misdemeanor for a person to use public property of the state or a
21+political subdivision for purposes of sleeping or camping, subject to
22+certain exceptions and conditions. Requires a law enforcement officer
23+that discovers a violation to first determine if there are reasonable
1624 (Continued next page)
17-Effective: Upon passage; July 1, 2025; July 1, 2026.
25+Effective: Upon passage; July 1, 2025.
1826 Freeman, Doriot, Bohacek
1927 (HOUSE SPONSOR — IRELAND)
2028 January 8, 2025, read first time and referred to Committee on Local Government.
2129 February 13, 2025, amended, reported favorably — Do Pass.
2230 February 18, 2025, read second time, amended, ordered engrossed.
2331 February 19, 2025, engrossed.
2432 February 20, 2025, read third time, passed. Yeas 41, nays 8.
2533 HOUSE ACTION
2634 March 3, 2025, read first time and referred to Committee on Judiciary.
2735 April 7, 2025, amended, reported — Do Pass.
28-April 10, 2025, read second time, amended, ordered engrossed.
2936 ES 197—LS 6703/DI 116 Digest Continued
30-as unpaid costs for unsafe premises repairs or emergency actions taken.
31-Provides that depositing or causing or allowing the deposit of
32-contaminants or solid waste upon the land is a Class C misdemeanor in
33-certain circumstances. Provides that after May 14, 2025, a unit may not
34-adopt or enforce a utility usage data ordinance. Makes it a Class C
35-misdemeanor for a person to use public property of the state or a
36-political subdivision for purposes of sleeping or camping, subject to
37-certain exceptions and conditions. Requires a law enforcement officer
38-that discovers a violation to first determine if there are reasonable
3937 grounds for an emergency detention of the person. Provides that if the
4038 law enforcement officer does not proceed with an emergency detention,
4139 the law enforcement officer must: (1) give the person a warning to
4240 move from the property within a certain period of time; (2) offer to
43-transport the person to certain locations within five miles of where the
44-violation occurs; and (3) call a local crisis intervention team for
41+transport the person to a location (if a location exists and is available
42+to provide mental health services or shelter) within five miles of where
43+the violation occurs; and (3) call a local crisis intervention team for
4544 assistance, if: (A) the unit is served by a local crisis intervention team;
46-and (B) a location that provides certain services does not exist or is not
47-available to receive the person or the person refuses to be transported
48-to the location. Provides that a person charged with a violation may be
49-referred to a problem solving court designated by the prosecuting
50-attorney. Allows application of a Medicaid waiver to provide long term
51-access to home and community based services, including housing
52-related services, under the healthy Indiana plan.
53-ES 197—LS 6703/DI 116ES 197—LS 6703/DI 116 Reprinted
54-April 11, 2025
45+and (B) a location to provide mental health services or shelter does not
46+exist or is not available to receive the person or the person refuses to
47+be transported to the location. Requires a person charged with a
48+violation to be referred to a problem solving court designated by the
49+prosecuting attorney. Allows application of a Medicaid waiver to
50+provide long term access to home and community based services,
51+including housing related services, under the healthy Indiana plan.
52+ES 197—LS 6703/DI 116ES 197—LS 6703/DI 116 April 7, 2025
5553 First Regular Session of the 124th General Assembly (2025)
5654 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
5755 Constitution) is being amended, the text of the existing provision will appear in this style type,
5856 additions will appear in this style type, and deletions will appear in this style type.
5957 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6058 provision adopted), the text of the new provision will appear in this style type. Also, the
6159 word NEW will appear in that style type in the introductory clause of each SECTION that adds
6260 a new provision to the Indiana Code or the Indiana Constitution.
6361 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
6462 between statutes enacted by the 2024 Regular Session of the General Assembly.
6563 ENGROSSED
6664 SENATE BILL No. 197
6765 A BILL FOR AN ACT to amend the Indiana Code concerning local
6866 government.
6967 Be it enacted by the General Assembly of the State of Indiana:
70-1 SECTION 1. IC 12-7-2-82, AS AMENDED BY P.L.194-2007,
71-2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
72-3 JULY, 2025]: Sec]. 82. "Facility" means the following:
73-4 (1) For purposes of IC 12-17-12, the meaning set forth in
74-5 IC 12-17-12-3.
75-6 (2) For purposes of IC 12-17-13, the meaning set forth in
76-7 IC 12-17-13-2.
77-8 (3) For purposes of IC 12-26, a hospital, a health and hospital
78-9 corporation established under IC 16-22-8, a psychiatric hospital,
79-10 a community mental health center, another institution, a program,
80-11 a managed care provider, or a child caring institution:
81-12 (A) where an individual with a mental illness can receive
82-13 rehabilitative treatment, or habilitation and care, in the least
83-14 restrictive environment suitable for the necessary care,
84-15 treatment, and protection of the individual and others; and
85-16 (B) that has adequate space and treatment staff appropriate to
86-17 the needs of the individual as determined by the
68+1 SECTION 1. IC 12-15-1.3-26 IS ADDED TO THE INDIANA
69+2 CODE AS A NEW SECTION TO READ AS FOLLOWS
70+3 [EFFECTIVE JULY 1, 2025]: Sec. 26. (a) As used in this section,
71+4 "healthy Indiana plan" refers to the plan established under
72+5 IC 12-15-44.5, and any subsequent waiver for the eligibility group
73+6 described in IC 12-15-44.5.
74+7 (b) The office of the secretary may apply to the United States
75+8 Department of Health and Human Services for an amendment to
76+9 the healthy Indiana plan to provide long term access to home and
77+10 community based services, including housing related services,
78+11 under the healthy Indiana plan.
79+12 (c) The amendment may do the following:
80+13 (1) Provide comprehensive support for individuals with the
81+14 following:
82+15 (A) Serious mental illnesses.
83+16 (B) Severe substance use disorders.
84+17 (C) Traumatic brain injuries.
8785 ES 197—LS 6703/DI 116 2
88-1 superintendent of the facility.
89-2 The term includes all services, programs, and centers of the
90-3 facility, wherever located, and the assessment and intervention
91-4 center.
92-5 (4) For purposes of IC 12-15-32, the meaning set forth in
93-6 IC 12-15-32-1.
94-7 SECTION 2. IC 12-15-1.3-26 IS ADDED TO THE INDIANA
95-8 CODE AS A NEW SECTION TO READ AS FOLLOWS
96-9 [EFFECTIVE JULY 1, 2025]: Sec. 26. (a) As used in this section,
97-10 "healthy Indiana plan" refers to the plan established under
98-11 IC 12-15-44.5, and any subsequent waiver for the eligibility group
99-12 described in IC 12-15-44.5.
100-13 (b) The office of the secretary may apply to the United States
101-14 Department of Health and Human Services for an amendment to
102-15 the healthy Indiana plan to provide long term access to home and
103-16 community based services, including housing related services,
104-17 under the healthy Indiana plan.
105-18 (c) The amendment may do the following:
106-19 (1) Provide comprehensive support for individuals with the
107-20 following:
108-21 (A) Serious mental illnesses.
109-22 (B) Severe substance use disorders.
110-23 (C) Traumatic brain injuries.
111-24 (D) Intellectual or developmental disabilities.
112-25 (2) Facilitate access to services that promote independence
113-26 and community integration.
114-27 (3) Include the following:
115-28 (A) Respite care.
116-29 (B) Community transition assistance.
117-30 (C) Supported employment.
118-31 (D) Other services necessary to meet the needs of healthy
119-32 Indiana plan recipients.
120-33 SECTION 3. IC 13-30-10-7 IS ADDED TO THE INDIANA CODE
121-34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
122-35 1, 2025]: Sec. 7. A person who knowingly, intentionally, or
123-36 recklessly:
124-37 (1) deposits or causes or allows the deposit of thirty (30)
125-38 square feet or more of contaminants or solid waste upon land
126-39 owned or controlled by another person, except through the
127-40 use of sanitary landfills, incineration, composting, garbage
128-41 grinding, or another method acceptable to the board; or
129-42 (2) on two (2) or more separate occasions deposits or causes
86+1 (D) Intellectual or developmental disabilities.
87+2 (2) Facilitate access to services that promote independence
88+3 and community integration.
89+4 (3) Include the following:
90+5 (A) Respite care.
91+6 (B) Community transition assistance.
92+7 (C) Supported employment.
93+8 (D) Other services necessary to meet the needs of healthy
94+9 Indiana plan recipients.
95+10 SECTION 2. IC 13-30-10-7 IS ADDED TO THE INDIANA CODE
96+11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
97+12 1, 2025]: Sec. 7. A person who knowingly, intentionally, or
98+13 recklessly:
99+14 (1) deposits or causes or allows the deposit of thirty (30)
100+15 square feet or more of contaminants or solid waste upon land
101+16 owned or controlled by another person, except through the
102+17 use of sanitary landfills, incineration, composting, garbage
103+18 grinding, or another method acceptable to the board; or
104+19 (2) on two (2) or more separate occasions deposits or causes
105+20 or allows the deposit of any amount of contaminants or solid
106+21 waste upon land owned or controlled by another person,
107+22 except through the use of sanitary landfills, incineration,
108+23 composting, garbage grinding, or another method acceptable
109+24 to the board;
110+25 commits a Class C misdemeanor.
111+26 SECTION 3. IC 33-23-16-13, AS AMENDED BY P.L.51-2024,
112+27 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
113+28 JULY 1, 2025]: Sec. 13. An individual is eligible to participate in a
114+29 problem solving court program only if:
115+30 (1) the individual meets all of the eligibility criteria established by
116+31 the board under section 12 of this chapter;
117+32 (2) the judge of the problem solving court approves the admission
118+33 of the individual to the problem solving court program; and
119+34 (3) the individual is referred to the problem solving court as a
120+35 result of at least one (1) of the following:
121+36 (A) A condition of a pretrial diversion program authorized by
122+37 statute or authorized by the judge of the problem solving court
123+38 and the prosecuting attorney.
124+39 (B) The procedure described in section 14 of this chapter.
125+40 (C) The procedure described in section 15 of this chapter.
126+41 (D) A condition of probation.
127+42 (E) A condition of participation in a community corrections
130128 ES 197—LS 6703/DI 116 3
131-1 or allows the deposit of any amount of contaminants or solid
132-2 waste upon land owned or controlled by another person,
133-3 except through the use of sanitary landfills, incineration,
134-4 composting, garbage grinding, or another method acceptable
135-5 to the board;
136-6 commits a Class C misdemeanor.
137-7 SECTION 4. IC 33-23-16-13, AS AMENDED BY P.L.51-2024,
138-8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
139-9 JULY 1, 2026]: Sec. 13. An individual is eligible to participate in a
140-10 problem solving court program only if:
141-11 (1) the individual meets all of the eligibility criteria established by
142-12 the board under section 12 of this chapter;
143-13 (2) the judge of the problem solving court approves the admission
144-14 of the individual to the problem solving court program; and
145-15 (3) the individual is referred to the problem solving court as a
146-16 result of at least one (1) of the following:
147-17 (A) A condition of a pretrial diversion program authorized by
148-18 statute or authorized by the judge of the problem solving court
149-19 and the prosecuting attorney.
150-20 (B) The procedure described in section 14 of this chapter.
151-21 (C) The procedure described in section 15 of this chapter.
152-22 (D) A condition of probation.
153-23 (E) A condition of participation in a community corrections
154-24 program under IC 11-12-1.
155-25 (F) A condition of participation in a forensic diversion
156-26 program under IC 11-12-3.7.
157-27 (G) A condition of a community transition program under
158-28 IC 11-10-11.5.
159-29 (H) A condition of parole.
160-30 (I) An order in a dispositional decree under IC 31-34-20 to
161-31 participate in a family dependency drug court if the individual
162-32 is a parent, guardian, or another household member of a child
163-33 adjudicated a child in need of services.
164-34 (J) A condition of an informal adjustment program under
165-35 IC 31-37-9.
166-36 (K) Involvement in:
167-37 (i) a child in need of services proceeding;
168-38 (ii) a child support proceeding;
169-39 (iii) a mental health commitment; or
170-40 (iv) a civil protection proceeding.
171-41 (L) A condition of an informal adjustment program under
172-42 IC 31-34-8.
129+1 program under IC 11-12-1.
130+2 (F) A condition of participation in a forensic diversion
131+3 program under IC 11-12-3.7.
132+4 (G) A condition of a community transition program under
133+5 IC 11-10-11.5.
134+6 (H) A condition of parole.
135+7 (I) An order in a dispositional decree under IC 31-34-20 to
136+8 participate in a family dependency drug court if the individual
137+9 is a parent, guardian, or another household member of a child
138+10 adjudicated a child in need of services.
139+11 (J) A condition of an informal adjustment program under
140+12 IC 31-37-9.
141+13 (K) Involvement in:
142+14 (i) a child in need of services proceeding;
143+15 (ii) a child support proceeding;
144+16 (iii) a mental health commitment; or
145+17 (iv) a civil protection proceeding.
146+18 (L) A condition of an informal adjustment program under
147+19 IC 31-34-8.
148+20 (M) A condition of a misdemeanor sentence.
149+21 (N) A condition of a program authorized by the:
150+22 (i) judge of a problem solving court; and
151+23 (ii) department of correction or the county sheriff.
152+24 (O) A violation under IC 36-1-31.5.
153+25 SECTION 4. IC 35-52-13-17 IS ADDED TO THE INDIANA
154+26 CODE AS A NEW SECTION TO READ AS FOLLOWS
155+27 [EFFECTIVE JULY 1, 2025]: Sec. 17. IC 13-30-10-7 defines a crime
156+28 concerning the environment.
157+29 SECTION 5. IC 35-52-36-0.5 IS ADDED TO THE INDIANA
158+30 CODE AS A NEW SECTION TO READ AS FOLLOWS
159+31 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. IC 36-1-31.5-6 defines a
160+32 crime concerning the unauthorized use of a public right-of-way or
161+33 land owned by the state or a political subdivision to camp, sleep, or
162+34 use for long term shelter.
163+35 SECTION 6. IC 36-1-3-8, AS AMENDED BY P.L.4-2023,
164+36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
165+37 UPON PASSAGE]: Sec. 8. (a) Subject to subsection (b), a unit does
166+38 not have the following:
167+39 (1) The power to condition or limit its civil liability, except as
168+40 expressly granted by statute.
169+41 (2) The power to prescribe the law governing civil actions
170+42 between private persons.
173171 ES 197—LS 6703/DI 116 4
174-1 (M) A condition of a misdemeanor sentence.
175-2 (N) A condition of a program authorized by the:
176-3 (i) judge of a problem solving court; and
177-4 (ii) department of correction or the county sheriff.
178-5 (O) A violation under IC 36-1-31.5.
179-6 SECTION 5. IC 35-52-13-17 IS ADDED TO THE INDIANA
180-7 CODE AS A NEW SECTION TO READ AS FOLLOWS
181-8 [EFFECTIVE JULY 1, 2025]: Sec. 17. IC 13-30-10-7 defines a crime
182-9 concerning the environment.
183-10 SECTION 6. IC 35-52-36-0.5 IS ADDED TO THE INDIANA
184-11 CODE AS A NEW SECTION TO READ AS FOLLOWS
185-12 [EFFECTIVE JULY 1, 2026]: Sec. 0.5. IC 36-1-31.5-6 defines a
186-13 crime concerning the unauthorized use of a public right-of-way or
187-14 land owned by the state or a political subdivision to camp, sleep, or
188-15 use for long term shelter.
189-16 SECTION 7. IC 36-1-3-8, AS AMENDED BY P.L.4-2023,
190-17 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
191-18 UPON PASSAGE]: Sec. 8. (a) Subject to subsection (b), a unit does
192-19 not have the following:
193-20 (1) The power to condition or limit its civil liability, except as
194-21 expressly granted by statute.
195-22 (2) The power to prescribe the law governing civil actions
196-23 between private persons.
197-24 (3) The power to impose duties on another political subdivision,
198-25 except as expressly granted by statute.
199-26 (4) The power to impose a tax, except as expressly granted by
200-27 statute.
201-28 (5) The power to impose a license fee greater than that reasonably
202-29 related to the administrative cost of exercising a regulatory power.
203-30 (6) The power to impose a service charge or user fee greater than
204-31 that reasonably related to reasonable and just rates and charges
205-32 for services.
206-33 (7) The power to regulate conduct that is regulated by a state
207-34 agency, except as expressly granted by statute.
208-35 (8) The power to prescribe a penalty for conduct constituting a
209-36 crime or infraction under statute.
210-37 (9) The power to prescribe a penalty of imprisonment for an
211-38 ordinance violation.
212-39 (10) The power to prescribe a penalty of a fine as follows:
213-40 (A) More than ten thousand dollars ($10,000) for the violation
214-41 of an ordinance or a regulation concerning air emissions
215-42 adopted by a county that has received approval to establish an
172+1 (3) The power to impose duties on another political subdivision,
173+2 except as expressly granted by statute.
174+3 (4) The power to impose a tax, except as expressly granted by
175+4 statute.
176+5 (5) The power to impose a license fee greater than that reasonably
177+6 related to the administrative cost of exercising a regulatory power.
178+7 (6) The power to impose a service charge or user fee greater than
179+8 that reasonably related to reasonable and just rates and charges
180+9 for services.
181+10 (7) The power to regulate conduct that is regulated by a state
182+11 agency, except as expressly granted by statute.
183+12 (8) The power to prescribe a penalty for conduct constituting a
184+13 crime or infraction under statute.
185+14 (9) The power to prescribe a penalty of imprisonment for an
186+15 ordinance violation.
187+16 (10) The power to prescribe a penalty of a fine as follows:
188+17 (A) More than ten thousand dollars ($10,000) for the violation
189+18 of an ordinance or a regulation concerning air emissions
190+19 adopted by a county that has received approval to establish an
191+20 air permit program under IC 13-17-12-6.
192+21 (B) For a violation of any other ordinance:
193+22 (i) more than two thousand five hundred dollars ($2,500) for
194+23 a first violation of the ordinance; and
195+24 (ii) except as provided in subsection (c), more than seven
196+25 thousand five hundred dollars ($7,500) for a second or
197+26 subsequent violation of the ordinance.
198+27 (11) The power to invest money, except as expressly granted by
199+28 statute.
200+29 (12) The power to adopt an ordinance, a resolution, or an order
201+30 concerning an election described by IC 3-5-1-2, or otherwise
202+31 conduct an election, except as expressly granted by statute. An
203+32 ordinance, a resolution, or an order concerning an election
204+33 described by IC 3-5-1-2 that was adopted before January 1, 2023,
205+34 is void unless a statute expressly granted the unit the power to
206+35 adopt the ordinance, resolution, or order.
207+36 (13) The power to adopt or enforce an ordinance described in
208+37 section 8.5 of this chapter.
209+38 (14) The power to take any action prohibited by section 8.6 of this
210+39 chapter.
211+40 (15) The power to dissolve a political subdivision, except:
212+41 (A) as expressly granted by statute; or
213+42 (B) if IC 36-1-8-17.7 applies to the political subdivision, in
216214 ES 197—LS 6703/DI 116 5
217-1 air permit program under IC 13-17-12-6.
218-2 (B) For a violation of any other ordinance:
219-3 (i) more than two thousand five hundred dollars ($2,500) for
220-4 a first violation of the ordinance; and
221-5 (ii) except as provided in subsection (c), more than seven
222-6 thousand five hundred dollars ($7,500) for a second or
223-7 subsequent violation of the ordinance.
224-8 (11) The power to invest money, except as expressly granted by
225-9 statute.
226-10 (12) The power to adopt an ordinance, a resolution, or an order
227-11 concerning an election described by IC 3-5-1-2, or otherwise
228-12 conduct an election, except as expressly granted by statute. An
229-13 ordinance, a resolution, or an order concerning an election
230-14 described by IC 3-5-1-2 that was adopted before January 1, 2023,
231-15 is void unless a statute expressly granted the unit the power to
232-16 adopt the ordinance, resolution, or order.
233-17 (13) The power to adopt or enforce an ordinance described in
234-18 section 8.5 of this chapter.
235-19 (14) The power to take any action prohibited by section 8.6 of this
236-20 chapter.
237-21 (15) The power to dissolve a political subdivision, except:
238-22 (A) as expressly granted by statute; or
239-23 (B) if IC 36-1-8-17.7 applies to the political subdivision, in
240-24 accordance with the procedure set forth in IC 36-1-8-17.7.
241-25 (16) After June 30, 2019, the power to enact an ordinance
242-26 requiring a solid waste hauler or a person who operates a vehicle
243-27 in which recyclable material is transported for recycling to collect
244-28 fees authorized by IC 13-21 and remit the fees to:
245-29 (A) a unit; or
246-30 (B) the board of a solid waste management district established
247-31 under IC 13-21.
248-32 (17) The power to adopt or enforce an ordinance described in
249-33 section 8.7 of this chapter.
250-34 (b) A township does not have the following, except as expressly
251-35 granted by statute:
252-36 (1) The power to require a license or impose a license fee.
253-37 (2) The power to impose a service charge or user fee.
254-38 (3) The power to prescribe a penalty.
255-39 (c) Subsection (a)(10)(B)(ii) does not apply to the violation of an
256-40 ordinance that regulates traffic or parking.
257-41 SECTION 8. IC 36-1-3-8.7 IS ADDED TO THE INDIANA CODE
258-42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
215+1 accordance with the procedure set forth in IC 36-1-8-17.7.
216+2 (16) After June 30, 2019, the power to enact an ordinance
217+3 requiring a solid waste hauler or a person who operates a vehicle
218+4 in which recyclable material is transported for recycling to collect
219+5 fees authorized by IC 13-21 and remit the fees to:
220+6 (A) a unit; or
221+7 (B) the board of a solid waste management district established
222+8 under IC 13-21.
223+9 (17) The power to adopt or enforce an ordinance described in
224+10 section 8.7 of this chapter.
225+11 (b) A township does not have the following, except as expressly
226+12 granted by statute:
227+13 (1) The power to require a license or impose a license fee.
228+14 (2) The power to impose a service charge or user fee.
229+15 (3) The power to prescribe a penalty.
230+16 (c) Subsection (a)(10)(B)(ii) does not apply to the violation of an
231+17 ordinance that regulates traffic or parking.
232+18 SECTION 7. IC 36-1-3-8.7 IS ADDED TO THE INDIANA CODE
233+19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
234+20 UPON PASSAGE]: Sec. 8.7. (a) As used in this section, "unit"
235+21 means a county or a municipality.
236+22 (b) As used in this section, "utility" means a utility, however
237+23 organized, that provides utility service to customers in Indiana.
238+24 The term includes a utility that is owned, operated, or held in trust
239+25 by a consolidated city.
240+26 (c) As used in this section, "utility service" means:
241+27 (1) electric;
242+28 (2) natural gas;
243+29 (3) water; or
244+30 (4) wastewater;
245+31 service that is provided at retail.
246+32 (d) As used in this section, "utility usage data ordinance":
247+33 (1) means an ordinance that is adopted by a unit and that
248+34 requires:
249+35 (A) the owner or tenant of a building; or
250+36 (B) a utility providing utility service to a building;
251+37 to report to the unit, or to any other party, whether directly
252+38 or indirectly, data on the utility service used or consumed at
253+39 a building during a specified reporting period; and
254+40 (2) does not include an ordinance that authorizes or facilitates
255+41 the voluntary reporting of data described in subdivision (1)
256+42 by:
259257 ES 197—LS 6703/DI 116 6
260-1 UPON PASSAGE]: Sec. 8.7. (a) As used in this section, "unit"
261-2 means a county or a municipality.
262-3 (b) As used in this section, "utility" means a utility, however
263-4 organized, that provides utility service to customers in Indiana.
264-5 The term includes a utility that is owned, operated, or held in trust
265-6 by a consolidated city.
266-7 (c) As used in this section, "utility service" means:
267-8 (1) electric;
268-9 (2) natural gas;
269-10 (3) water; or
270-11 (4) wastewater;
271-12 service that is provided at retail.
272-13 (d) As used in this section, "utility usage data ordinance":
273-14 (1) means an ordinance that is adopted by a unit and that
274-15 requires:
275-16 (A) the owner or tenant of a building; or
276-17 (B) a utility providing utility service to a building;
277-18 to report to the unit, or to any other party, whether directly
278-19 or indirectly, data on the utility service used or consumed at
279-20 a building during a specified reporting period; and
280-21 (2) does not include an ordinance that authorizes or facilitates
281-22 the voluntary reporting of data described in subdivision (1)
282-23 by:
283-24 (A) the owner or tenant of a building; or
284-25 (B) a utility providing utility service to a building.
285-26 (e) After May 14, 2025, a unit may not adopt or enforce a utility
286-27 usage data ordinance.
287-28 SECTION 9. IC 36-1-31.5 IS ADDED TO THE INDIANA CODE
288-29 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
289-30 JULY 1, 2026]:
290-31 Chapter 31.5. Street Camping
291-32 Sec. 1. As used in this chapter, "emergency detention" means an
292-33 emergency detention of a person under IC 12-26-5.
293-34 Sec. 2. As used in this chapter, "public land" means land that is:
294-35 (1) owned by the state or a political subdivision; and
295-36 (2) not a public right-of-way.
296-37 Sec. 3. A person may not camp, sleep, or use for long term
297-38 shelter:
298-39 (1) a public right-of-way; or
299-40 (2) public land;
300-41 unless authorized for that use by the state or political subdivision,
301-42 as appropriate.
258+1 (A) the owner or tenant of a building; or
259+2 (B) a utility providing utility service to a building.
260+3 (e) After May 14, 2025, a unit may not adopt or enforce a utility
261+4 usage data ordinance.
262+5 SECTION 8. IC 36-1-31.5 IS ADDED TO THE INDIANA CODE
263+6 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
264+7 JULY 1, 2025]:
265+8 Chapter 31.5. Street Camping
266+9 Sec. 1. As used in this chapter, "emergency detention" means an
267+10 emergency detention of a person under IC 12-26-5.
268+11 Sec. 2. As used in this chapter, "public land" means land that is:
269+12 (1) owned by the state or a political subdivision; and
270+13 (2) not a public right-of-way.
271+14 Sec. 3. A person may not camp, sleep, or use for long term
272+15 shelter:
273+16 (1) a public right-of-way; or
274+17 (2) public land;
275+18 unless authorized for that use by the state or political subdivision,
276+19 as appropriate.
277+20 Sec. 4. If a person violates section 3 of this chapter, the law
278+21 enforcement officer who discovers the violation shall first
279+22 determine if there are reasonable grounds for an emergency
280+23 detention of the person. If there are reasonable grounds for an
281+24 emergency detention, the law enforcement officer shall proceed
282+25 under IC 12-26-5 and not this chapter.
283+26 Sec. 5. If the law enforcement officer determines that there are
284+27 not reasonable grounds for an emergency detention of the person,
285+28 the law enforcement officer shall:
286+29 (1) give the person a warning that the person must move from
287+30 the public right-of-way or the public land, whichever is
288+31 appropriate, not later than:
289+32 (A) twenty-four (24) hours after receiving the warning, if
290+33 the violation is regarding the public right-of-way; or
291+34 (B) seventy-two (72) hours after receiving the warning, if
292+35 the violation is regarding public land;
293+36 (2) offer to transport the person to a location, if any location
294+37 exists and is available to receive the person:
295+38 (A) that is not more than five (5) miles from where the
296+39 violation occurred; and
297+40 (B) where the person may receive:
298+41 (i) mental health services; or
299+42 (ii) shelter; and
302300 ES 197—LS 6703/DI 116 7
303-1 Sec. 4. (a) If a person violates section 3 of this chapter, the law
304-2 enforcement officer who discovers the violation shall first
305-3 determine if there are reasonable grounds for an emergency
306-4 detention of the person. If there are reasonable grounds for an
307-5 emergency detention, the law enforcement officer shall proceed
308-6 under IC 12-26-5 and not this chapter.
309-7 (b) This subsection applies to a consolidated city. If a person
310-8 violates section 3 of this chapter, the law enforcement officer who
311-9 discovers the violation shall first determine if there are reasonable
312-10 grounds for an emergency detention of the person. If there are
313-11 reasonable grounds for an emergency detention, the law
314-12 enforcement officer shall proceed under IC 12-26-5 and not this
315-13 chapter. This subsection does not prohibit the law enforcement
316-14 officer from transporting the person to the assessment and
317-15 intervention center or a similar facility.
318-16 Sec. 5. If the law enforcement officer determines that there are
319-17 not reasonable grounds for an emergency detention of the person,
320-18 the law enforcement officer shall:
321-19 (1) give the person a warning that the person must move from
322-20 the public right-of-way or the public land, whichever is
323-21 appropriate, not later than:
324-22 (A) twenty-four (24) hours after receiving the warning, if
325-23 the violation is regarding the public right-of-way; or
326-24 (B) seventy-two (72) hours after receiving the warning, if
327-25 the violation is regarding public land;
328-26 (2) offer to transport the person to a location, if any location
329-27 exists and is available to receive the person:
330-28 (A) that is not more than five (5) miles from where the
331-29 violation occurred; and
332-30 (B) where the person shall receive temporary
333-31 accommodations that provide respite and offer access to
334-32 services and permanent housing options; and
335-33 (3) call a local crisis intervention team for assistance, if:
336-34 (A) the unit is served by a local crisis intervention team;
337-35 and
338-36 (B) a location meeting the requirements of subdivision (2):
339-37 (i) does not exist or is not available to receive the person;
340-38 or
341-39 (ii) exists and is available to receive the person, but the
342-40 person refuses to be transported to the location.
343-41 Sec. 6. A person who knowingly or intentionally violates section
344-42 3 of this chapter after:
301+1 (3) call a local crisis intervention team for assistance, if:
302+2 (A) the unit is served by a local crisis intervention team;
303+3 and
304+4 (B) a location meeting the requirements of subdivision (2):
305+5 (i) does not exist or is not available to receive the person;
306+6 or
307+7 (ii) exists and is available to receive the person, but the
308+8 person refuses to be transported to the location.
309+9 Sec. 6. A person who knowingly or intentionally violates section
310+10 3 of this chapter after:
311+11 (1) refusing an offer to be transported to a location that meets
312+12 the requirements of section 5(2) of this chapter; and
313+13 (2) more than:
314+14 (A) twenty-four (24) hours have elapsed since the person
315+15 was given the warning under section 5(1)(A) of this
316+16 chapter; or
317+17 (B) seventy-two (72) hours have elapsed since the person
318+18 was given the warning under section 5(1)(B) of this
319+19 chapter;
320+20 commits a Class C misdemeanor.
321+21 Sec. 7. At the initial hearing of a person for a violation under
322+22 section 6 of this chapter, the person shall be referred to the
323+23 problem solving court:
324+24 (1) established under IC 33-23-16; and
325+25 (2) designated by the prosecuting attorney.
326+26 SECTION 9. IC 36-7-9-7, AS AMENDED BY P.L.247-2015,
327+27 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
328+28 JULY 1, 2025]: Sec. 7. (a) A hearing must be held relative to each
329+29 order of the enforcement authority, except for an order issued under
330+30 section 5(a)(2), 5(a)(3), 5(a)(4), or 5(a)(5) or 7.5 of this chapter. An
331+31 order issued under section 5(a)(2), 5(a)(3), 5(a)(4), or 5(a)(5) or 7.5 of
332+32 this chapter becomes final ten (10) days after notice is given, unless a
333+33 hearing is requested before the ten (10) day period ends by a person
334+34 holding a fee interest, life estate interest, mortgage interest, or equitable
335+35 interest of a contract purchaser in the unsafe premises. The hearing
336+36 shall be conducted by the hearing authority.
337+37 (b) The hearing shall be held on a business day no earlier than ten
338+38 (10) days after notice of the order is given. The hearing authority may,
339+39 however, take action at the hearing, or before the hearing if a written
340+40 request is received by the enforcement authority not later than five (5)
341+41 days after notice is given, to continue the hearing to a business day not
342+42 later than fourteen (14) days after the hearing date shown on the order.
345343 ES 197—LS 6703/DI 116 8
346-1 (1) refusing an offer to be transported to a location that meets
347-2 the requirements of section 5(2) of this chapter; and
348-3 (2) more than:
349-4 (A) twenty-four (24) hours have elapsed since the person
350-5 was given the warning under section 5(1)(A) of this
351-6 chapter; or
352-7 (B) seventy-two (72) hours have elapsed since the person
353-8 was given the warning under section 5(1)(B) of this
354-9 chapter;
355-10 commits a Class C misdemeanor.
356-11 Sec. 7. At the initial hearing of a person for a violation under
357-12 section 6 of this chapter, the person may be referred to the problem
358-13 solving court:
359-14 (1) established under IC 33-23-16; and
360-15 (2) designated by the prosecuting attorney.
361-16 SECTION 10. IC 36-7-9-7, AS AMENDED BY P.L.247-2015,
362-17 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
363-18 JULY 1, 2025]: Sec. 7. (a) A hearing must be held relative to each
364-19 order of the enforcement authority, except for an order issued under
365-20 section 5(a)(2), 5(a)(3), 5(a)(4), or 5(a)(5) or 7.5 of this chapter. An
366-21 order issued under section 5(a)(2), 5(a)(3), 5(a)(4), or 5(a)(5) or 7.5 of
367-22 this chapter becomes final ten (10) days after notice is given, unless a
368-23 hearing is requested before the ten (10) day period ends by a person
369-24 holding a fee interest, life estate interest, mortgage interest, or equitable
370-25 interest of a contract purchaser in the unsafe premises. The hearing
371-26 shall be conducted by the hearing authority.
372-27 (b) The hearing shall be held on a business day no earlier than ten
373-28 (10) days after notice of the order is given. The hearing authority may,
374-29 however, take action at the hearing, or before the hearing if a written
375-30 request is received by the enforcement authority not later than five (5)
376-31 days after notice is given, to continue the hearing to a business day not
377-32 later than fourteen (14) days after the hearing date shown on the order.
378-33 Unless the hearing authority takes action to have the continued hearing
379-34 held on a definite, specified date, notice of the continued hearing must
380-35 be given to the person to whom the order was issued at least five (5)
381-36 days before the continued hearing date, in the manner prescribed by
382-37 section 25 of this chapter. If the order being considered at the
383-38 continued hearing was served by publication, it is sufficient to give
384-39 notice of the continued hearing by publication unless the enforcement
385-40 authority has received information in writing that enables it to make
386-41 service under section 25 of this chapter by a method other than
387-42 publication.
344+1 Unless the hearing authority takes action to have the continued hearing
345+2 held on a definite, specified date, notice of the continued hearing must
346+3 be given to the person to whom the order was issued at least five (5)
347+4 days before the continued hearing date, in the manner prescribed by
348+5 section 25 of this chapter. If the order being considered at the
349+6 continued hearing was served by publication, it is sufficient to give
350+7 notice of the continued hearing by publication unless the enforcement
351+8 authority has received information in writing that enables it to make
352+9 service under section 25 of this chapter by a method other than
353+10 publication.
354+11 (c) The person to whom the order was issued, any person having a
355+12 substantial property interest in the unsafe premises that are the subject
356+13 of the order, or any other person with an interest in the proceedings
357+14 may appear in person or by counsel at the hearing. Each person
358+15 appearing at the hearing is entitled to present evidence, cross-examine
359+16 opposing witnesses, and present arguments.
360+17 (d) At the conclusion of any hearing at which a continuance is not
361+18 granted, the hearing authority may make findings and take action to:
362+19 (1) affirm the order;
363+20 (2) rescind the order; or
364+21 (3) modify the order, but unless the person to whom the order was
365+22 issued, or counsel for that person, is present at the hearing, the
366+23 hearing authority may modify the order in only a manner that
367+24 makes its terms less stringent.
368+25 (e) In addition to affirming the order, in those cases in which the
369+26 hearing authority finds that there has been a willful failure to comply
370+27 with the order, the hearing authority may impose a civil penalty in an
371+28 amount not to exceed five thousand dollars ($5,000). The effective date
372+29 of the civil penalty may be postponed for a reasonable period, after
373+30 which the hearing authority may order the civil penalty reduced or
374+31 stricken if the hearing authority is satisfied that all work necessary to
375+32 fully comply with the order has been done. For purposes of an appeal
376+33 under section 8 of this chapter or enforcement of an order under section
377+34 17 of this chapter, action of the hearing authority is considered final
378+35 upon the affirmation of the order, even though the hearing authority
379+36 may retain jurisdiction for the ultimate determination related to the
380+37 civil penalty. In the hearing authority's exercise of continuing
381+38 jurisdiction, the hearing authority may, in addition to reducing or
382+39 striking the civil penalty, impose one (1) or more additional civil
383+40 penalties in an amount not to exceed five thousand dollars ($5,000) per
384+41 civil penalty. An additional civil penalty may be imposed if the hearing
385+42 authority finds that:
388386 ES 197—LS 6703/DI 116 9
389-1 (c) The person to whom the order was issued, any person having a
390-2 substantial property interest in the unsafe premises that are the subject
391-3 of the order, or any other person with an interest in the proceedings
392-4 may appear in person or by counsel at the hearing. Each person
393-5 appearing at the hearing is entitled to present evidence, cross-examine
394-6 opposing witnesses, and present arguments.
395-7 (d) At the conclusion of any hearing at which a continuance is not
396-8 granted, the hearing authority may make findings and take action to:
397-9 (1) affirm the order;
398-10 (2) rescind the order; or
399-11 (3) modify the order, but unless the person to whom the order was
400-12 issued, or counsel for that person, is present at the hearing, the
401-13 hearing authority may modify the order in only a manner that
402-14 makes its terms less stringent.
403-15 (e) In addition to affirming the order, in those cases in which the
404-16 hearing authority finds that there has been a willful failure to comply
405-17 with the order, the hearing authority may impose a civil penalty in an
406-18 amount not to exceed five thousand dollars ($5,000). The effective date
407-19 of the civil penalty may be postponed for a reasonable period, after
408-20 which the hearing authority may order the civil penalty reduced or
409-21 stricken if the hearing authority is satisfied that all work necessary to
410-22 fully comply with the order has been done. For purposes of an appeal
411-23 under section 8 of this chapter or enforcement of an order under section
412-24 17 of this chapter, action of the hearing authority is considered final
413-25 upon the affirmation of the order, even though the hearing authority
414-26 may retain jurisdiction for the ultimate determination related to the
415-27 civil penalty. In the hearing authority's exercise of continuing
416-28 jurisdiction, the hearing authority may, in addition to reducing or
417-29 striking the civil penalty, impose one (1) or more additional civil
418-30 penalties in an amount not to exceed five thousand dollars ($5,000) per
419-31 civil penalty. An additional civil penalty may be imposed if the hearing
420-32 authority finds that:
421-33 (1) significant work on the premises to comply with the affirmed
422-34 order has not been accomplished; and
423-35 (2) the premises have a negative effect on property values or the
424-36 quality of life of the surrounding area or the premises require the
425-37 provision of services by local government in excess of the
426-38 services required by ordinary properties.
427-39 The hearing authority may not impose an additional civil penalty in a
428-40 hearing to review a civil penalty imposed by the enforcement authority
429-41 under section 7.5 of this chapter.
430-42 (f) If, at a hearing, a person to whom an order has been issued
387+1 (1) significant work on the premises to comply with the affirmed
388+2 order has not been accomplished; and
389+3 (2) the premises have a negative effect on property values or the
390+4 quality of life of the surrounding area or the premises require the
391+5 provision of services by local government in excess of the
392+6 services required by ordinary properties.
393+7 The hearing authority may not impose an additional civil penalty in a
394+8 hearing to review a civil penalty imposed by the enforcement authority
395+9 under section 7.5 of this chapter.
396+10 (f) If, at a hearing, a person to whom an order has been issued
397+11 requests an additional period to accomplish action required by the
398+12 order, and shows good cause for this request to be granted, the hearing
399+13 authority may grant the request. However, as a condition for allowing
400+14 the additional period, the hearing authority may require that the person
401+15 post a performance bond to be forfeited if the action required by the
402+16 order is not completed within the additional period.
403+17 (g) If an order is affirmed or modified, the hearing authority shall
404+18 issue a continuous enforcement order (as defined in section 2 of this
405+19 chapter).
406+20 (h) The board or commission having control over the department
407+21 shall, at a public hearing, after having given notice of the time and
408+22 place of the hearing by publication in accordance with IC 5-3-1, adopt
409+23 a schedule setting forth the maximum amount of performance bonds
410+24 applicable to various types of ordered action. The hearing authority
411+25 shall use this schedule to fix the amount of the performance bond
412+26 required under subsection (f).
413+27 (i) The record of the findings made and action taken by the hearing
414+28 authority at the hearing shall be available to the public upon request.
415+29 However, neither the enforcement authority nor the hearing authority
416+30 is required to give any person notice of the findings and action.
417+31 (j) If a civil penalty under subsection (e) is unpaid for more than
418+32 fifteen (15) days after payment of the civil penalty is due, the civil
419+33 penalty may be collected from any person against whom the hearing
420+34 officer assessed the civil penalty or fine. A civil penalty or fine may be
421+35 collected under this subsection in the same manner as costs under
422+36 section 13 or 13.5 of this chapter. The amount of the civil penalty or
423+37 fine that is collected shall be deposited in the unsafe building fund.
424+38 SECTION 10. IC 36-7-9-7.5, AS ADDED BY P.L.247-2015,
425+39 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
426+40 JULY 1, 2025]: Sec. 7.5. (a) This section applies to an order issued
427+41 under section 5(a)(5) of this chapter for which a hearing was not
428+42 requested as provided in section 7 of this chapter.
431429 ES 197—LS 6703/DI 116 10
432-1 requests an additional period to accomplish action required by the
433-2 order, and shows good cause for this request to be granted, the hearing
434-3 authority may grant the request. However, as a condition for allowing
435-4 the additional period, the hearing authority may require that the person
436-5 post a performance bond to be forfeited if the action required by the
437-6 order is not completed within the additional period.
438-7 (g) If an order is affirmed or modified, the hearing authority shall
439-8 issue a continuous enforcement order (as defined in section 2 of this
440-9 chapter).
441-10 (h) The board or commission having control over the department
442-11 shall, at a public hearing, after having given notice of the time and
443-12 place of the hearing by publication in accordance with IC 5-3-1, adopt
444-13 a schedule setting forth the maximum amount of performance bonds
445-14 applicable to various types of ordered action. The hearing authority
446-15 shall use this schedule to fix the amount of the performance bond
447-16 required under subsection (f).
448-17 (i) The record of the findings made and action taken by the hearing
449-18 authority at the hearing shall be available to the public upon request.
450-19 However, neither the enforcement authority nor the hearing authority
451-20 is required to give any person notice of the findings and action.
452-21 (j) If a civil penalty under subsection (e) is unpaid for more than
453-22 fifteen (15) days after payment of the civil penalty is due, the civil
454-23 penalty may be collected from any person against whom the hearing
455-24 officer assessed the civil penalty or fine. A civil penalty or fine may be
456-25 collected under this subsection in the same manner as costs under
457-26 section 13 or 13.5 of this chapter. The amount of the civil penalty or
458-27 fine that is collected shall be deposited in the unsafe building fund.
459-28 SECTION 11. IC 36-7-9-7.5, AS ADDED BY P.L.247-2015,
460-29 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
461-30 JULY 1, 2025]: Sec. 7.5. (a) This section applies to an order issued
462-31 under section 5(a)(5) of this chapter for which a hearing was not
463-32 requested as provided in section 7 of this chapter.
464-33 (b) If the person to whom the order was issued fails or refuses to
465-34 comply with the order within sixty (60) days or the time specified in the
466-35 order, the enforcement authority may impose a civil penalty not to
467-36 exceed two thousand five hundred dollars ($2,500). The enforcement
468-37 authority shall give notice of the civil penalty as described in section
469-38 25 of this chapter to all persons with a known or recorded substantial
470-39 property interest in the unsafe premises.
471-40 (c) The notice under subsection (b) must contain the following
472-41 information:
473-42 (1) The name of the person to whom the order was issued.
430+1 (b) If the person to whom the order was issued fails or refuses to
431+2 comply with the order within sixty (60) days or the time specified in the
432+3 order, the enforcement authority may impose a civil penalty not to
433+4 exceed two thousand five hundred dollars ($2,500). The enforcement
434+5 authority shall give notice of the civil penalty as described in section
435+6 25 of this chapter to all persons with a known or recorded substantial
436+7 property interest in the unsafe premises.
437+8 (c) The notice under subsection (b) must contain the following
438+9 information:
439+10 (1) The name of the person to whom the order was issued.
440+11 (2) The action that is required to bring the premises into
441+12 compliance.
442+13 (3) The date, time, and location of the hearing on the civil
443+14 penalty under section 7 of this chapter.
444+15 (c) (d) After:
445+16 (1) a civil penalty is imposed under subsection (b); and
446+17 (2) a hearing is held under section 7 of this chapter;
447+18 the enforcement authority may impose an additional civil penalty in an
448+19 amount not to exceed one thousand dollars ($1,000) every ninety (90)
449+20 days if the person to whom the order was issued continues to fail or
450+21 refuse to comply with the order.
451+22 (d) (e) If a civil penalty under this section is unpaid for more than
452+23 fifteen (15) thirty (30) days after payment of the civil penalty is due,
453+24 the civil penalty may be collected in the same manner as costs under
454+25 section 13 or 13.5 of this chapter. The amount of the civil penalty that
455+26 is collected shall be deposited in the unsafe building fund.
456+27 SECTION 11. An emergency is declared for this act.
474457 ES 197—LS 6703/DI 116 11
475-1 (2) The action that is required to bring the premises into
476-2 compliance.
477-3 (3) The date, time, and location of the hearing on the civil
478-4 penalty under section 7 of this chapter.
479-5 (c) (d) After:
480-6 (1) a civil penalty is imposed under subsection (b); and
481-7 (2) a hearing is held under section 7 of this chapter;
482-8 the enforcement authority may impose an additional civil penalty in an
483-9 amount not to exceed one thousand dollars ($1,000) every ninety (90)
484-10 days if the person to whom the order was issued continues to fail or
485-11 refuse to comply with the order.
486-12 (d) (e) If a civil penalty under this section is unpaid for more than
487-13 fifteen (15) thirty (30) days after payment of the civil penalty is due,
488-14 the civil penalty may be collected in the same manner as costs under
489-15 section 13 or 13.5 of this chapter. The amount of the civil penalty that
490-16 is collected shall be deposited in the unsafe building fund.
491-17 SECTION 12. An emergency is declared for this act.
492-ES 197—LS 6703/DI 116 12
493458 COMMITTEE REPORT
494459 Mr. President: The Senate Committee on Local Government, to
495460 which was referred Senate Bill No. 197, has had the same under
496461 consideration and begs leave to report the same back to the Senate with
497462 the recommendation that said bill be AMENDED as follows:
498463 Page 2, line 33, strike "ten (10)" and insert "ninety (90)".
499464 Page 2, line 38, strike "ten (10)" and insert "ninety (90)".
500465 Page 3, delete lines 25 through 42, begin a new paragraph and
501466 insert:
502467 "SECTION 2. IC 36-7-9-7, AS AMENDED BY P.L.247-2015,
503468 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
504469 JULY 1, 2025]: Sec. 7. (a) A hearing must be held relative to each
505470 order of the enforcement authority, except for an order issued under
506471 section 5(a)(2), 5(a)(3), 5(a)(4), 5(a)(5), or 7.5 of this chapter. An order
507472 issued under section 5(a)(2), 5(a)(3), 5(a)(4), 5(a)(5), or 7.5 of this
508473 chapter becomes final ten (10) ninety (90) days after notice is given,
509474 unless a hearing is requested before the ten (10) ninety (90) day period
510475 ends by a person holding a fee interest, life estate interest, mortgage
511476 interest, or equitable interest of a contract purchaser in the unsafe
512477 premises. The hearing shall be conducted by the hearing authority.
513478 (b) The hearing shall be held on a business day no earlier than ten
514479 (10) days after notice of the order is given. The hearing authority may,
515480 however, take action at the hearing, or before the hearing if a written
516481 request is received by the enforcement authority not later than five (5)
517482 days after notice is given, to continue the hearing to a business day not
518483 later than fourteen (14) days after the hearing date shown on the order.
519484 Unless the hearing authority takes action to have the continued hearing
520485 held on a definite, specified date, notice of the continued hearing must
521486 be given to the person to whom the order was issued at least five (5)
522487 days before the continued hearing date, in the manner prescribed by
523488 section 25 of this chapter. If the order being considered at the
524489 continued hearing was served by publication, it is sufficient to give
525490 notice of the continued hearing by publication unless the enforcement
526491 authority has received information in writing that enables it to make
527492 service under section 25 of this chapter by a method other than
528493 publication.
529494 (c) The person to whom the order was issued, any person having a
530495 substantial property interest in the unsafe premises that are the subject
531496 of the order, or any other person with an interest in the proceedings
532497 may appear in person or by counsel at the hearing. Each person
533498 appearing at the hearing is entitled to present evidence, cross-examine
534-ES 197—LS 6703/DI 116 13
499+ES 197—LS 6703/DI 116 12
535500 opposing witnesses, and present arguments.
536501 (d) At the conclusion of any hearing at which a continuance is not
537502 granted, the hearing authority may make findings and take action to:
538503 (1) affirm the order;
539504 (2) rescind the order; or
540505 (3) modify the order, but unless the person to whom the order was
541506 issued, or counsel for that person, is present at the hearing, the
542507 hearing authority may modify the order in only a manner that
543508 makes its terms less stringent.
544509 (e) In addition to affirming the order, in those cases in which the
545510 hearing authority finds that there has been a willful failure to comply
546511 with the order, the hearing authority may impose a civil penalty in an
547512 amount not to exceed five thousand dollars ($5,000). The effective date
548513 of the civil penalty may be postponed for a reasonable period, after
549514 which the hearing authority may order the civil penalty reduced or
550515 stricken if the hearing authority is satisfied that all work necessary to
551516 fully comply with the order has been done. For purposes of an appeal
552517 under section 8 of this chapter or enforcement of an order under section
553518 17 of this chapter, action of the hearing authority is considered final
554519 upon the affirmation of the order, even though the hearing authority
555520 may retain jurisdiction for the ultimate determination related to the
556521 civil penalty. In the hearing authority's exercise of continuing
557522 jurisdiction, the hearing authority may, in addition to reducing or
558523 striking the civil penalty, impose one (1) or more additional civil
559524 penalties in an amount not to exceed five thousand dollars ($5,000) per
560525 civil penalty. An additional civil penalty may be imposed if the hearing
561526 authority finds that:
562527 (1) significant work on the premises to comply with the affirmed
563528 order has not been accomplished; and
564529 (2) the premises have a negative effect on property values or the
565530 quality of life of the surrounding area or the premises require the
566531 provision of services by local government in excess of the
567532 services required by ordinary properties.
568533 The hearing authority may not impose an additional civil penalty in a
569534 hearing to review a civil penalty imposed by the enforcement authority
570535 under section 7.5 of this chapter.
571536 (f) If, at a hearing, a person to whom an order has been issued
572537 requests an additional period to accomplish action required by the
573538 order, and shows good cause for this request to be granted, the hearing
574539 authority may grant the request. However, as a condition for allowing
575540 the additional period, the hearing authority may require that the person
576541 post a performance bond to be forfeited if the action required by the
577-ES 197—LS 6703/DI 116 14
542+ES 197—LS 6703/DI 116 13
578543 order is not completed within the additional period.
579544 (g) If an order is affirmed or modified, the hearing authority shall
580545 issue a continuous enforcement order (as defined in section 2 of this
581546 chapter).
582547 (h) The board or commission having control over the department
583548 shall, at a public hearing, after having given notice of the time and
584549 place of the hearing by publication in accordance with IC 5-3-1, adopt
585550 a schedule setting forth the maximum amount of performance bonds
586551 applicable to various types of ordered action. The hearing authority
587552 shall use this schedule to fix the amount of the performance bond
588553 required under subsection (f).
589554 (i) The record of the findings made and action taken by the hearing
590555 authority at the hearing shall be available to the public upon request.
591556 However, neither the enforcement authority nor the hearing authority
592557 is required to give any person notice of the findings and action.
593558 (j) If a civil penalty under subsection (e) is unpaid for more than
594559 fifteen (15) days after payment of the civil penalty is due, the civil
595560 penalty may be collected from any person against whom the hearing
596561 officer assessed the civil penalty or fine. A civil penalty or fine may be
597562 collected under this subsection in the same manner as costs under
598563 section 13 or 13.5 of this chapter. The amount of the civil penalty or
599564 fine that is collected shall be deposited in the unsafe building fund.".
600565 Delete pages 4 through 5.
601566 Page 6, between lines 31 and 32, begin a new line blocked left and
602567 insert:
603568 "If the civil penalties are not waived, the civil penalties assessed
604569 before the purchase of the property remain the liability of the
605570 seller and may be enforced by any legal remedy, including a civil
606571 lawsuit instituted by the enforcement authority to collect the civil
607572 penalties. However, nothing in this subsection prevents the
608573 enforcement authority from initiating new proceedings for the
609574 issuance of an order against the purchaser of the property
610575 regarding any unsafe condition of the property that is or remains
611576 uncorrected after the date that the property is purchased.
612577 (f) A civil penalty assessed under this section against the person
613578 to whom the order was issued may be waived by the hearing
614579 authority under section 7 of this chapter, if the person brings the
615580 property into compliance with the order.".
616581 Page 6, delete lines 32 through 37, begin a new paragraph and
617582 insert:
618583 "SECTION 4. IC 36-7-9-7.7 IS ADDED TO THE INDIANA CODE
619584 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
620-ES 197—LS 6703/DI 116 15
585+ES 197—LS 6703/DI 116 14
621586 1, 2025]: Sec. 7.7. A civil penalty under section 7 or 7.5 of this
622587 chapter or any other fee under this chapter:
623588 (1) may not be included on a property tax statement issued to
624589 a taxpayer under IC 6-1.1 and must be billed separately; and
625590 (2) is a lien on the property.".
626591 Renumber all SECTIONS consecutively.
627592 and when so amended that said bill do pass.
628593 (Reference is to SB 197 as introduced.)
629594 BUCK, Chairperson
630595 Committee Vote: Yeas 6, Nays 3.
631596 _____
632597 SENATE MOTION
633598 Mr. President: I move that Senate Bill 197 be amended to read as
634599 follows:
635600 Page 5, delete lines 37 through 42.
636601 Page 6, delete lines 1 through 38.
637602 Page 7, after line 3, begin a new paragraph and insert:
638603 "SECTION 4. IC 36-7-9-27 IS AMENDED TO READ AS
639604 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 27. (a) Except as
640605 provided in subsection (b), a person who has been issued and has
641606 received notice of an order relative to unsafe premises and has not
642607 complied with that order:
643608 (1) must supply full information regarding the order to a person
644609 who takes or agrees to take a substantial property interest in the
645610 unsafe premises before transferring or agreeing to transfer that
646611 interest; and
647612 (2) must, within five (5) days after transferring or agreeing to
648613 transfer a substantial property interest in the unsafe premises,
649614 supply the enforcement authority with written copies of:
650615 (A) the full name, address, and telephone number of the
651616 person taking a substantial property interest in the unsafe
652617 premises; and
653618 (B) the legal instrument under which the transfer or agreement
654619 to transfer the substantial property interest is accomplished.
655620 (b) If a civil penalty is imposed on an unsafe premises under
656621 section 7 or 7.5 of this chapter prior to the transfer or agreement
657622 to transfer a substantial property interest in the unsafe premises,
658-ES 197—LS 6703/DI 116 16
623+ES 197—LS 6703/DI 116 15
659624 the person transferring the substantial property interest shall
660625 either:
661626 (1) pay the civil penalty; or
662627 (2) bring the property into compliance with the order
663628 prior to the transfer or agreement to transfer the substantial
664629 property interest in the unsafe premises.
665630 (b) (c) If a judgment is obtained against the department,
666631 enforcement authority, or other governmental entity for the failure of
667632 that entity to provide notice to persons holding an interest in unsafe
668633 premises in an action taken by the entity under this chapter, a person
669634 who failed to comply with this section is liable to the entity for the
670635 amount of the judgment if it can be shown that the entity's failure to
671636 give notice was a result of that person's failure.".
672637 (Reference is to SB 197 as printed February 14, 2025.)
673638 FREEMAN
674639 _____
675640 COMMITTEE REPORT
676641 Mr. Speaker: Your Committee on Judiciary, to which was referred
677642 Senate Bill 197, has had the same under consideration and begs leave
678643 to report the same back to the House with the recommendation that said
679644 bill be amended as follows:
680645 Page 1, between the enacting clause and line 1, begin a new
681646 paragraph and insert:
682647 "SECTION 1. IC 12-15-1.3-26 IS ADDED TO THE INDIANA
683648 CODE AS A NEW SECTION TO READ AS FOLLOWS
684649 [EFFECTIVE JULY 1, 2025]: Sec. 26. (a) As used in this section,
685650 "healthy Indiana plan" refers to the plan established under
686651 IC 12-15-44.5, and any subsequent waiver for the eligibility group
687652 described in IC 12-15-44.5.
688653 (b) The office of the secretary may apply to the United States
689654 Department of Health and Human Services for an amendment to
690655 the healthy Indiana plan to provide long term access to home and
691656 community based services, including housing related services,
692657 under the healthy Indiana plan.
693658 (c) The amendment may do the following:
694659 (1) Provide comprehensive support for individuals with the
695660 following:
696661 (A) Serious mental illnesses.
697662 (B) Severe substance use disorders.
698-ES 197—LS 6703/DI 116 17
663+ES 197—LS 6703/DI 116 16
699664 (C) Traumatic brain injuries.
700665 (D) Intellectual or developmental disabilities.
701666 (2) Facilitate access to services that promote independence
702667 and community integration.
703668 (3) Include the following:
704669 (A) Respite care.
705670 (B) Community transition assistance.
706671 (C) Supported employment.
707672 (D) Other services necessary to meet the needs of healthy
708673 Indiana plan recipients.
709674 SECTION 2. IC 13-30-10-7 IS ADDED TO THE INDIANA CODE
710675 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
711676 1, 2025]: Sec. 7. A person who knowingly, intentionally, or
712677 recklessly:
713678 (1) deposits or causes or allows the deposit of thirty (30)
714679 square feet or more of contaminants or solid waste upon land
715680 owned or controlled by another person, except through the
716681 use of sanitary landfills, incineration, composting, garbage
717682 grinding, or another method acceptable to the board; or
718683 (2) on two (2) or more separate occasions deposits or causes
719684 or allows the deposit of any amount of contaminants or solid
720685 waste upon land owned or controlled by another person,
721686 except through the use of sanitary landfills, incineration,
722687 composting, garbage grinding, or another method acceptable
723688 to the board;
724689 commits a Class C misdemeanor.
725690 SECTION 3. IC 33-23-16-13, AS AMENDED BY P.L.51-2024,
726691 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
727692 JULY 1, 2025]: Sec. 13. An individual is eligible to participate in a
728693 problem solving court program only if:
729694 (1) the individual meets all of the eligibility criteria established by
730695 the board under section 12 of this chapter;
731696 (2) the judge of the problem solving court approves the admission
732697 of the individual to the problem solving court program; and
733698 (3) the individual is referred to the problem solving court as a
734699 result of at least one (1) of the following:
735700 (A) A condition of a pretrial diversion program authorized by
736701 statute or authorized by the judge of the problem solving court
737702 and the prosecuting attorney.
738703 (B) The procedure described in section 14 of this chapter.
739704 (C) The procedure described in section 15 of this chapter.
740705 (D) A condition of probation.
741-ES 197—LS 6703/DI 116 18
706+ES 197—LS 6703/DI 116 17
742707 (E) A condition of participation in a community corrections
743708 program under IC 11-12-1.
744709 (F) A condition of participation in a forensic diversion
745710 program under IC 11-12-3.7.
746711 (G) A condition of a community transition program under
747712 IC 11-10-11.5.
748713 (H) A condition of parole.
749714 (I) An order in a dispositional decree under IC 31-34-20 to
750715 participate in a family dependency drug court if the individual
751716 is a parent, guardian, or another household member of a child
752717 adjudicated a child in need of services.
753718 (J) A condition of an informal adjustment program under
754719 IC 31-37-9.
755720 (K) Involvement in:
756721 (i) a child in need of services proceeding;
757722 (ii) a child support proceeding;
758723 (iii) a mental health commitment; or
759724 (iv) a civil protection proceeding.
760725 (L) A condition of an informal adjustment program under
761726 IC 31-34-8.
762727 (M) A condition of a misdemeanor sentence.
763728 (N) A condition of a program authorized by the:
764729 (i) judge of a problem solving court; and
765730 (ii) department of correction or the county sheriff.
766731 (O) A violation under IC 36-1-31.5.
767732 SECTION 4. IC 35-52-13-17 IS ADDED TO THE INDIANA
768733 CODE AS A NEW SECTION TO READ AS FOLLOWS
769734 [EFFECTIVE JULY 1, 2025]: Sec. 17. IC 13-30-10-7 defines a crime
770735 concerning the environment.
771736 SECTION 5. IC 35-52-36-0.5 IS ADDED TO THE INDIANA
772737 CODE AS A NEW SECTION TO READ AS FOLLOWS
773738 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. IC 36-1-31.5-6 defines a
774739 crime concerning the unauthorized use of a public right-of-way or
775740 land owned by the state or a political subdivision to camp, sleep, or
776741 use for long term shelter.
777742 SECTION 6. IC 36-1-3-8, AS AMENDED BY P.L.4-2023,
778743 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
779744 UPON PASSAGE]: Sec. 8. (a) Subject to subsection (b), a unit does
780745 not have the following:
781746 (1) The power to condition or limit its civil liability, except as
782747 expressly granted by statute.
783748 (2) The power to prescribe the law governing civil actions
784-ES 197—LS 6703/DI 116 19
749+ES 197—LS 6703/DI 116 18
785750 between private persons.
786751 (3) The power to impose duties on another political subdivision,
787752 except as expressly granted by statute.
788753 (4) The power to impose a tax, except as expressly granted by
789754 statute.
790755 (5) The power to impose a license fee greater than that reasonably
791756 related to the administrative cost of exercising a regulatory power.
792757 (6) The power to impose a service charge or user fee greater than
793758 that reasonably related to reasonable and just rates and charges
794759 for services.
795760 (7) The power to regulate conduct that is regulated by a state
796761 agency, except as expressly granted by statute.
797762 (8) The power to prescribe a penalty for conduct constituting a
798763 crime or infraction under statute.
799764 (9) The power to prescribe a penalty of imprisonment for an
800765 ordinance violation.
801766 (10) The power to prescribe a penalty of a fine as follows:
802767 (A) More than ten thousand dollars ($10,000) for the violation
803768 of an ordinance or a regulation concerning air emissions
804769 adopted by a county that has received approval to establish an
805770 air permit program under IC 13-17-12-6.
806771 (B) For a violation of any other ordinance:
807772 (i) more than two thousand five hundred dollars ($2,500) for
808773 a first violation of the ordinance; and
809774 (ii) except as provided in subsection (c), more than seven
810775 thousand five hundred dollars ($7,500) for a second or
811776 subsequent violation of the ordinance.
812777 (11) The power to invest money, except as expressly granted by
813778 statute.
814779 (12) The power to adopt an ordinance, a resolution, or an order
815780 concerning an election described by IC 3-5-1-2, or otherwise
816781 conduct an election, except as expressly granted by statute. An
817782 ordinance, a resolution, or an order concerning an election
818783 described by IC 3-5-1-2 that was adopted before January 1, 2023,
819784 is void unless a statute expressly granted the unit the power to
820785 adopt the ordinance, resolution, or order.
821786 (13) The power to adopt or enforce an ordinance described in
822787 section 8.5 of this chapter.
823788 (14) The power to take any action prohibited by section 8.6 of this
824789 chapter.
825790 (15) The power to dissolve a political subdivision, except:
826791 (A) as expressly granted by statute; or
827-ES 197—LS 6703/DI 116 20
792+ES 197—LS 6703/DI 116 19
828793 (B) if IC 36-1-8-17.7 applies to the political subdivision, in
829794 accordance with the procedure set forth in IC 36-1-8-17.7.
830795 (16) After June 30, 2019, the power to enact an ordinance
831796 requiring a solid waste hauler or a person who operates a vehicle
832797 in which recyclable material is transported for recycling to collect
833798 fees authorized by IC 13-21 and remit the fees to:
834799 (A) a unit; or
835800 (B) the board of a solid waste management district established
836801 under IC 13-21.
837802 (17) The power to adopt or enforce an ordinance described in
838803 section 8.7 of this chapter.
839804 (b) A township does not have the following, except as expressly
840805 granted by statute:
841806 (1) The power to require a license or impose a license fee.
842807 (2) The power to impose a service charge or user fee.
843808 (3) The power to prescribe a penalty.
844809 (c) Subsection (a)(10)(B)(ii) does not apply to the violation of an
845810 ordinance that regulates traffic or parking.
846811 SECTION 7. IC 36-1-3-8.7 IS ADDED TO THE INDIANA CODE
847812 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
848813 UPON PASSAGE]: Sec. 8.7. (a) As used in this section, "unit"
849814 means a county or a municipality.
850815 (b) As used in this section, "utility" means a utility, however
851816 organized, that provides utility service to customers in Indiana.
852817 The term includes a utility that is owned, operated, or held in trust
853818 by a consolidated city.
854819 (c) As used in this section, "utility service" means:
855820 (1) electric;
856821 (2) natural gas;
857822 (3) water; or
858823 (4) wastewater;
859824 service that is provided at retail.
860825 (d) As used in this section, "utility usage data ordinance":
861826 (1) means an ordinance that is adopted by a unit and that
862827 requires:
863828 (A) the owner or tenant of a building; or
864829 (B) a utility providing utility service to a building;
865830 to report to the unit, or to any other party, whether directly
866831 or indirectly, data on the utility service used or consumed at
867832 a building during a specified reporting period; and
868833 (2) does not include an ordinance that authorizes or facilitates
869834 the voluntary reporting of data described in subdivision (1)
870-ES 197—LS 6703/DI 116 21
835+ES 197—LS 6703/DI 116 20
871836 by:
872837 (A) the owner or tenant of a building; or
873838 (B) a utility providing utility service to a building.
874839 (e) After May 14, 2025, a unit may not adopt or enforce a utility
875840 usage data ordinance.
876841 SECTION 8. IC 36-1-31.5 IS ADDED TO THE INDIANA CODE
877842 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
878843 JULY 1, 2025]:
879844 Chapter 31.5. Street Camping
880845 Sec. 1. As used in this chapter, "emergency detention" means an
881846 emergency detention of a person under IC 12-26-5.
882847 Sec. 2. As used in this chapter, "public land" means land that is:
883848 (1) owned by the state or a political subdivision; and
884849 (2) not a public right-of-way.
885850 Sec. 3. A person may not camp, sleep, or use for long term
886851 shelter:
887852 (1) a public right-of-way; or
888853 (2) public land;
889854 unless authorized for that use by the state or political subdivision,
890855 as appropriate.
891856 Sec. 4. If a person violates section 3 of this chapter, the law
892857 enforcement officer who discovers the violation shall first
893858 determine if there are reasonable grounds for an emergency
894859 detention of the person. If there are reasonable grounds for an
895860 emergency detention, the law enforcement officer shall proceed
896861 under IC 12-26-5 and not this chapter.
897862 Sec. 5. If the law enforcement officer determines that there are
898863 not reasonable grounds for an emergency detention of the person,
899864 the law enforcement officer shall:
900865 (1) give the person a warning that the person must move from
901866 the public right-of-way or the public land, whichever is
902867 appropriate, not later than:
903868 (A) twenty-four (24) hours after receiving the warning, if
904869 the violation is regarding the public right-of-way; or
905870 (B) seventy-two (72) hours after receiving the warning, if
906871 the violation is regarding public land;
907872 (2) offer to transport the person to a location, if any location
908873 exists and is available to receive the person:
909874 (A) that is not more than five (5) miles from where the
910875 violation occurred; and
911876 (B) where the person may receive:
912877 (i) mental health services; or
913-ES 197—LS 6703/DI 116 22
878+ES 197—LS 6703/DI 116 21
914879 (ii) shelter; and
915880 (3) call a local crisis intervention team for assistance, if:
916881 (A) the unit is served by a local crisis intervention team;
917882 and
918883 (B) a location meeting the requirements of subdivision (2):
919884 (i) does not exist or is not available to receive the person;
920885 or
921886 (ii) exists and is available to receive the person, but the
922887 person refuses to be transported to the location.
923888 Sec. 6. A person who knowingly or intentionally violates section
924889 3 of this chapter after:
925890 (1) refusing an offer to be transported to a location that meets
926891 the requirements of section 5(2) of this chapter; and
927892 (2) more than:
928893 (A) twenty-four (24) hours have elapsed since the person
929894 was given the warning under section 5(1)(A) of this
930895 chapter; or
931896 (B) seventy-two (72) hours have elapsed since the person
932897 was given the warning under section 5(1)(B) of this
933898 chapter;
934899 commits a Class C misdemeanor.
935900 Sec. 7. At the initial hearing of a person for a violation under
936901 section 6 of this chapter, the person shall be referred to the
937902 problem solving court:
938903 (1) established under IC 33-23-16; and
939904 (2) designated by the prosecuting attorney.".
940905 Page 1, delete lines 1 through 17.
941906 Delete page 2.
942907 Page 3, delete lines 1 through 24.
943908 Page 3, line 29, after "5(a)(4)," insert "or".
944909 Page 3, line 29, after "5(a)(5)" delete ",".
945910 Page 3, line 29, strike "or 7.5".
946911 Page 3, line 30, after "5(a)(4)," insert "or".
947912 Page 3, line 30, after "5(a)(5)" delete ",".
948913 Page 3, line 30, strike "or 7.5".
949914 Page 3, line 31, reset in roman "ten (10)".
950915 Page 3, line 31, delete "ninety (90)".
951916 Page 3, line 32, reset in roman "ten (10)".
952917 Page 3, line 32, delete "ninety (90)".
953918 Page 5, delete lines 37 through 42, begin a new paragraph and
954919 insert:
955920 "SECTION 10. IC 36-7-9-7.5, AS ADDED BY P.L.247-2015,
956-ES 197—LS 6703/DI 116 23
921+ES 197—LS 6703/DI 116 22
957922 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
958923 JULY 1, 2025]: Sec. 7.5. (a) This section applies to an order issued
959924 under section 5(a)(5) of this chapter for which a hearing was not
960925 requested as provided in section 7 of this chapter.
961926 (b) If the person to whom the order was issued fails or refuses to
962927 comply with the order within sixty (60) days or the time specified in the
963928 order, the enforcement authority may impose a civil penalty not to
964929 exceed two thousand five hundred dollars ($2,500). The enforcement
965930 authority shall give notice of the civil penalty as described in section
966931 25 of this chapter to all persons with a known or recorded substantial
967932 property interest in the unsafe premises.
968933 (c) The notice under subsection (b) must contain the following
969934 information:
970935 (1) The name of the person to whom the order was issued.
971936 (2) The action that is required to bring the premises into
972937 compliance.
973938 (3) The date, time, and location of the hearing on the civil
974939 penalty under section 7 of this chapter.
975940 (c) (d) After:
976941 (1) a civil penalty is imposed under subsection (b); and
977942 (2) a hearing is held under section 7 of this chapter;
978943 the enforcement authority may impose an additional civil penalty in an
979944 amount not to exceed one thousand dollars ($1,000) every ninety (90)
980945 days if the person to whom the order was issued continues to fail or
981946 refuse to comply with the order.
982947 (d) (e) If a civil penalty under this section is unpaid for more than
983948 fifteen (15) thirty (30) days after payment of the civil penalty is due,
984949 the civil penalty may be collected in the same manner as costs under
985950 section 13 or 13.5 of this chapter. The amount of the civil penalty that
986951 is collected shall be deposited in the unsafe building fund.
987952 SECTION 11. An emergency is declared for this act.".
988953 Delete page 6.
989954 Renumber all SECTIONS consecutively.
990955 and when so amended that said bill do pass.
991956 (Reference is to SB 197 as reprinted February 19, 2025.)
992957 JETER
993958 Committee Vote: yeas 7, nays 3.
994-ES 197—LS 6703/DI 116 24
995-HOUSE MOTION
996-Mr. Speaker: I move that Engrossed Senate Bill 197 be amended to
997-read as follows:
998-Replace the effective date in SECTION 3 with "[EFFECTIVE JULY
999-1, 2026]".
1000-Replace the effective date in SECTION 5 with "[EFFECTIVE JULY
1001-1, 2026]".
1002-Replace the effective date in SECTION 8 with "[EFFECTIVE JULY
1003-1, 2026]".
1004-Page 1, between the enacting clause and line 1, begin a new
1005-paragraph and insert:
1006-"SECTION 1. IC 12-7-2-82, AS AMENDED BY P.L.194-2007,
1007-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1008-JULY, 2025]: Sec]. 82. "Facility" means the following:
1009-(1) For purposes of IC 12-17-12, the meaning set forth in
1010-IC 12-17-12-3.
1011-(2) For purposes of IC 12-17-13, the meaning set forth in
1012-IC 12-17-13-2.
1013-(3) For purposes of IC 12-26, a hospital, a health and hospital
1014-corporation established under IC 16-22-8, a psychiatric hospital,
1015-a community mental health center, another institution, a program,
1016-a managed care provider, or a child caring institution:
1017-(A) where an individual with a mental illness can receive
1018-rehabilitative treatment, or habilitation and care, in the least
1019-restrictive environment suitable for the necessary care,
1020-treatment, and protection of the individual and others; and
1021-(B) that has adequate space and treatment staff appropriate to
1022-the needs of the individual as determined by the
1023-superintendent of the facility.
1024-The term includes all services, programs, and centers of the
1025-facility, wherever located, and the assessment and intervention
1026-center.
1027-(4) For purposes of IC 12-15-32, the meaning set forth in
1028-IC 12-15-32-1.".
1029-Page 6, line 20, after "4." insert "(a)".
1030-Page 6, between lines 25 and 26, begin a new paragraph and insert:
1031-"(b) This subsection applies to a consolidated city. If a person
1032-violates section 3 of this chapter, the law enforcement officer who
1033-discovers the violation shall first determine if there are reasonable
1034-grounds for an emergency detention of the person. If there are
1035-reasonable grounds for an emergency detention, the law
1036-ES 197—LS 6703/DI 116 25
1037-enforcement officer shall proceed under IC 12-26-5 and not this
1038-chapter. This subsection does not prohibit the law enforcement
1039-officer from transporting the person to the assessment and
1040-intervention center or a similar facility.".
1041-Page 6, line 40, delete "may receive:" and insert "shall receive
1042-temporary accommodations that provide respite and offer access
1043-to services and permanent housing options; and".
1044-Page 6, delete lines 41 through 42.
1045-Page 7, line 22, delete "shall" and insert "may".
1046-Renumber all SECTIONS consecutively.
1047-(Reference is to ESB 197 as printed April 7, 2025.)
1048-MOED
1049959 ES 197—LS 6703/DI 116