February 23, 2005
SENATE BILL No. 263
DIGEST OF SB 263
(Updated February 22, 2005 4:20 pm - DI 52)
Citations Affected: IC 16-20; IC 16-22.
Synopsis: Local enforcement of open burning restrictions. If the
county fiscal body adopts an ordinance approving a complaint
procedure, allows the filing of a complaint with a local health officer
alleging that a person is conducting illegal open burning that results in
a health hazard. Requires the local health department to conduct a
hearing and authorizes the department to order that the burning cease.
Effective: July 1, 2005.
January 6, 2005, read first time and referred to Committee on Energy and Environmental
January 25, 2005, amended, reported favorably _ Do Pass.
February 22, 2005, read second time, amended, ordered engrossed.
February 23, 2005
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 263
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-20-1-25.5; (05)SB0263.2.1. -->
SECTION 1. IC 16-20-1-25.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 25.5. (a) This section applies in a
county only if the fiscal body of the county adopts an ordinance to
apply this section.
(b) A person may file a written complaint with a local health
officer alleging that:
(1) a person in the jurisdiction served by the health officer is
in violation of IC 13-17-9; and
(2) the violation results in a health hazard to:
(A) the person who files the complaint or a member of the
person's household; or
(B) an employee of the person who files the complaint.
(c) Upon receipt of a written complaint under subsection (b), the
local health officer shall schedule a hearing on the complaint by the
local health department.
(d) The local health department shall:
(1) give written notice of the hearing scheduled under
subsection (c) to:
(A) the person that files the complaint; and
(B) the person against whom the complaint is filed;
(2) hold the hearing, providing an opportunity for each person
referred to in subdivision (1) to be heard and present
(3) determine the merits of the complaint;
(4) give written notice of the determination under subdivision
(3) to each person referred to in subdivision (1); and
(5) if the local health department determines that:
(A) the person against whom the complaint is filed is in
violation of IC 13-17-9; and
(B) the violation results in a health hazard to a person
described in subsection (b)(2);
issue to the person against whom the complaint is filed a
written order to cease the actions that are in violation of
(e) An order issued under subsection (d)(5) is subject to appeal
in the circuit or superior court.
(f) The local health officer or local board of health may enforce
an order issued under subsection (d)(5) under section 26 of this
SOURCE: IC 16-22-8-31; (05)SB0263.2.2. -->
SECTION 2. IC 16-22-8-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 31. (a)
The director of
the division of public health has the powers, functions, and duties of
and is subject to the laws relating to a local health officer. The director
shall perform other duties prescribed by the board or authorized by a
town or city within the county. Valid orders of the director of the
division of public health may be enforced in a court with jurisdiction
by injunction. A change of venue from the county may not be had for
orders issued under this section.
(b) This subsection applies in a county only if the fiscal body of
the county adopts an ordinance to apply this subsection. The
director of the division of public health has the powers, functions,
and duties of a local health officer under IC 16-20-1-25.5.