HOUSE BILL No. 1395
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-22-8; IC 33-36-3-4; IC 36-1-6-2; IC 36-7-9.
Synopsis: Marion County health and hospital corporation. Requires a
memorandum to be prepared for the health and hospital corporation
(corporation) board's meetings. Removes the requirement that the
corporation record the vote of items that affect private rights. Amends
the publishing requirements before a proposed ordinance of the
corporation is adopted. Establishes requirements for a change of judge
in civil enforcement actions. Allows the corporation to establish a
charitable foundation and nonprofit corporations. Allows employees
and contractors of the corporation to enter property that is in violation
of an ordinance. Allows the enforcement authority to order removal of
a public health hazard. Repeals the requirement that the corporation's
schedule of ordinance violations be approved by the city-county
Effective: July 1, 2006.
January 12, 2006, read first time and referred to Committee on Public Health.
Second Regular Session 114th General Assembly (2006)
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between statutes enacted by the 2005 Regular Session of the General Assembly.
HOUSE BILL No. 1395
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 16-22-8-17; (06)IN1395.1.1. -->
SECTION 1. IC 16-22-8-17, AS AMENDED BY P.L.184-2005,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 17. (a) A majority of the board members
constitutes a quorum for a meeting. The board may act by an
affirmative vote of a majority of those present at the meeting.
(b) The corporation shall record memoranda from the meeting
as required by IC 5-14-1.5-4.
SOURCE: IC 16-22-8-18; (06)IN1395.1.2. -->
SECTION 2. IC 16-22-8-18, AS AMENDED BY P.L.184-2005,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 18. The corporation shall keep the board's
documents in the office of the corporation or in an electronic format.
board corporation shall record the aye and nay vote on the
passage of an item of business that affects private rights and shall
record the aye and nay vote on the passage of any other item of
business if two (2) board members of the board request that the votes
be recorded by ayes and nays.
SOURCE: IC 16-22-8-21; (06)IN1395.1.3. -->
SECTION 3. IC 16-22-8-21, AS AMENDED BY P.L.184-2005,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 21. (a) Not
more than seven (7) days after the
introduction of a proposed ordinance nor less than seven (7) days
before a meeting considering the final passage of a proposed
ordinance, the board corporation shall publish a notice that the
proposed ordinance is pending final action. by the board. The notice
shall must be published one (1) time in two (2) newspapers that have
a with general circulation in the jurisdiction of the corporation. county.
Notice of an ordinance establishing a budget shall must be in
accordance with the general law relating to budgets of first class cities.
(b) The notice must state the following:
(1) The general subject matter of the proposed ordinance.
(2) The time and place of the
(3) The proposed ordinance is available
for public inspection at
the office of from the corporation.
board corporation may include publish in one (1) notice a
reference to the general subject matter of each pending ordinance
pending final action for which notice has not been given.
(d) An ordinance is not invalid because the reference to the subject
matter of the proposed ordinance was inadequate if the reference is
sufficient to advise the public of the general subject matter.
SOURCE: IC 16-22-8-31; (06)IN1395.1.4. -->
SECTION 4. IC 16-22-8-31, AS AMENDED BY P.L.184-2005,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 31. (a) The director of the division of public
health has the powers, functions, and duties of a local health officer.
(b) Orders, citations, and administrative notices of violation issued
by the director of the division of public health, the director's authorized
representative, a supervisor in the division, or an environmental health
specialist may be enforced by the corporation in a court with
jurisdiction by filing a civil action in accordance with IC 16-42-5-28,
IC 33-36-3-5(b), or IC 36-1-6-4.
(c) Orders, health directives, and restrictions issued by the state
health commissioner, the state health commissioner's legally authorized
agent, a designated health official, or the director of the division of
public health may be enforced by the corporation in a court with
jurisdiction by filing a civil action in accordance with IC 16-41-9-1 or
(d) A change of venue from the county may not be granted for court
proceedings initiated under this section.
(e) A change of venue from a judge must meet the requirements
in IC 34-35-3-3 for court proceedings initiated under this section.
SOURCE: IC 16-22-8-34; (06)IN1395.1.5. -->
SECTION 5. IC 16-22-8-34, AS AMENDED BY P.L.184-2005,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 34. (a) The board or corporation may do all acts
necessary or reasonably incident to carrying out the purposes of this
chapter, including the following:
(1) As a municipal corporation, sue and be sued in any court with
(2) To serve as the exclusive local board of health and local
department of health within the county with the powers and duties
conferred by law upon local boards of health and local
departments of health.
(3) To adopt and enforce ordinances consistent with Indiana law
and administrative rules for the following purposes:
(A) To protect property owned or managed by the corporation.
(B) To determine, prevent, and abate public health nuisances.
(C) To establish quarantine regulations, impose restrictions on
persons having infectious or contagious diseases and contacts
of the persons, and regulate the disinfection of premises.
(D) To license, regulate, and establish minimum sanitary
standards for the operation of a business handling, producing,
processing, preparing, manufacturing, packing, storing,
selling, distributing, or transporting articles used for food,
drink, confectionery, or condiment in the interest of the public
(E) To control:
(i) rodents, mosquitos, and other animals, including insects,
capable of transmitting microorganisms and disease to
humans and other animals; and
(ii) the animal's breeding places.
(F) To require persons to connect to available sewer systems
and to regulate the disposal of domestic or sanitary sewage by
private methods. However, the board and corporation
no jurisdiction over publicly owned or financed sewer systems
or sanitation and disposal plants.
(G) To control rabies.
(H) For the sanitary regulation of water supplies for domestic
(I) To protect, promote, or improve public health. For public
health activities and to enforce public health laws, the state
health data center described in IC 16-19-10 shall provide
health data, medical information, and epidemiological
information to the corporation.
(J) To detect, report, prevent, and control disease affecting
(K) To investigate and diagnose health problems and health
(L) To regulate the sanitary and structural conditions of
residential and nonresidential buildings and unsafe premises.
(M) To license and regulate the design, construction, and
operation of public pools, spas, and beaches.
(N) To regulate the storage, containment, handling, use, and
disposal of hazardous materials.
(O) To license and regulate tattoo parlors and body piercing
(4) To manage the corporation's hospitals, medical facilities, and
mental health facilities.
(5) To furnish health and nursing services to elementary and
secondary schools within the county.
(6) To furnish medical care to the indigent within the county
unless medical care is furnished to the indigent by the division of
family and children.
(7) To determine the public health policies and programs to be
carried out and administered by the corporation.
(8) To adopt an annual budget ordinance and levy taxes.
(9) To incur indebtedness in the name of the corporation.
(10) To organize the personnel and functions of the corporation
into divisions and subdivisions to carry out the corporation's
powers and duties and to consolidate, divide, or abolish the
divisions and subdivisions.
(11) To acquire and dispose of property.
(12) To receive charitable contributions and
make gifts as
provided in 26 U.S.C 170.
(13) To make charitable contributions and gifts.
(14) To establish a charitable foundation as provided in 26
(13) (15) To receive and distribute federal, state, local, or private
(16) To receive and distribute grants from charitable
(17) To establish nonprofit corporations to carry out the
purposes of the corporation.
(14) (18) To erect buildings or structures or improvements to
existing buildings or structures.
(15) (19) To determine matters of policy regarding internal
organization and operating procedures.
To do the following:
(A) Adopt a schedule of reasonable charges for nonresidents
of the county for medical and mental health services.
(B) Collect the charges from the patient or from the
governmental unit where the patient resided at the time of the
(C) Require security for the payment of the charges.
To adopt a schedule of and to collect reasonable charges
for patients able to pay in full or in part.
To enforce Indiana laws, administrative rules, and the
code of the health and hospital corporation of the county.
To purchase supplies, materials, and equipment for the
To employ personnel and establish personnel policies to
carry out the duties, functions, and powers of the corporation.
To employ attorneys admitted to practice law in Indiana.
To acquire, erect, equip, and operate the corporation's
hospitals, medical facilities, and mental health facilities.
To dispose of surplus property in accordance with a
policy by the board.
To determine the duties of officers and division
To fix the compensation of the officers and division
To carry out the purposes and object of the corporation.
To obtain loans for hospital expenses in amounts and
upon terms agreeable to the board. The board may secure the
loans by pledging accounts receivable or other security in hospital
To establish fees for licenses, services, and records. The
corporation may accept payment by credit card for fees.
(b) The board shall exercise the board's powers and duties in a
manner consistent with Indiana law, administrative rules, and the code
of the health and hospital corporation of the county.
SOURCE: IC 16-22-8-35; (06)IN1395.1.6. -->
SECTION 6. IC 16-22-8-35 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 35. The
corporation shall keep accounts and records of receipts and
disbursements as prescribed by the state board of accounts.
SOURCE: IC 36-1-6-2; (06)IN1395.1.7. -->
SECTION 7. IC 36-1-6-2, AS AMENDED BY P.L.131-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 2. (a) If a condition violating an ordinance of a
municipal corporation exists on real property,
officers employees or
the a municipal corporation may enter onto that
property and take appropriate action to bring the property into
compliance with the ordinance. However, before action to bring
compliance may be taken, all persons holding a substantial interest in
the property must be given a reasonable opportunity of at least ten (10)
days but not more than sixty (60) days to bring the property into
compliance. If the municipal corporation takes action to bring
compliance, the expenses incurred by the municipal corporation to
bring compliance constitute a lien against the property. The lien
attaches when notice of the lien is recorded in the office of the county
recorder in which the property is located. The lien is superior to all
other liens except liens for taxes, in an amount that does not exceed:
(1) two thousand five hundred dollars ($2,500) for real property
(A) contains one (1) or more occupied or unoccupied single or
double family dwellings or the appurtenances or additions to
those dwellings; or
(B) is unimproved; or
(2) ten thousand dollars ($10,000) for all other real property not
described in subdivision (1).
(b) The municipal corporation may issue a bill to the owner of the
real property for the costs incurred by the municipal corporation in
bringing the property into compliance with the ordinance, including
administrative costs and removal costs.
(c) A bill issued under subsection (b) is delinquent if the owner of
the real property fails to pay the bill within thirty (30) days after the
date of the issuance of the bill.
(d) Whenever a municipal corporation determines it necessary, the
officer charged with the collection of fees and penalties for the
municipal corporation shall prepare:
(1) a list of delinquent fees and penalties that are enforceable
under this section, including:
(A) the name or names of the owner or owners of each lot or
parcel of real property on which fees are delinquent;
(B) a description of the premises, as shown on the records of
the county auditor; and
(C) the amount of the delinquent fees and the penalty; or
(2) an instrument for each lot or parcel of real property on which
the fees are delinquent.
(e) The officer shall record a copy of each list or each instrument
with the county recorder, who shall charge a fee for recording the list
or instrument under the fee schedule established in IC 36-2-7-10.
(f) The amount of a lien shall be placed on the tax duplicate by the
auditor. The total amount, including any accrued interest, shall be
collected in the same manner as delinquent taxes are collected and
shall be disbursed to the general fund of the municipal corporation.
(g) A fee is not enforceable as a lien against a subsequent owner of
property unless the lien for the fee was recorded with the county
recorder before conveyance to the subsequent owner. If the property is
conveyed before the lien is recorded, the municipal corporation shall
notify the person who owned the property at the time the fee became
payable. The notice must inform the person that payment, including
penalty fees for delinquencies, is due not later than fifteen (15) days
after the date of the notice. If payment is not received within one
hundred eighty (180) days after the date of the notice, the amount due
may be considered a bad debt loss.
(h) The municipal corporation shall release:
(1) liens filed with the county recorder after the recorded date of
conveyance of the property; and
(2) delinquent fees incurred by the seller;
upon receipt of a written demand from the purchaser or a representative
of the title insurance company or the title insurance company's agent
that issued a title insurance policy to the purchaser. The demand must
state that the delinquent fees were not incurred by the purchaser as a
user, lessee, or previous owner and that the purchaser has not been paid
by the seller for the delinquent fees.
(i) The county auditor shall remove the fees, penalties, and service
charges that were not recorded before a recorded conveyance to a
subsequent owner upon receipt of a copy of the written demand under
SOURCE: IC 36-7-9-4; (06)IN1395.1.8. -->
SECTION 8. IC 36-7-9-4, AS AMENDED BY P.L.66-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 4. (a) For purposes of this chapter, a building or
structure, or any part of a building or structure, that is:
(1) in an impaired structural condition that makes it unsafe to a
person or property;
(2) a fire hazard;
(3) a hazard to the public health;
(4) a public nuisance;
(5) dangerous to a person or property because of a violation of a
statute or ordinance concerning building condition or
(6) vacant and not maintained in a manner that would allow
human habitation, occupancy, or use under the requirements of a
statute or an ordinance;
is considered an unsafe building.
(b) For purposes of this chapter:
(1) an unsafe building; and
(2) the tract of real property on which the unsafe building is
are considered unsafe premises.
(c) For purposes of this chapter, a tract of real property that does not
contain a building or structure, not including land used for production
agriculture, is considered an unsafe premises if the tract of real
(1) a fire hazard;
(2) a hazard to public health;
(3) a public nuisance; or
(4) dangerous to a person or property because of a violation of a
statute or an ordinance.
SOURCE: IC 36-7-9-5; (06)IN1395.1.9. -->
SECTION 9. IC 36-7-9-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 5. (a) The enforcement authority
may issue an order requiring action relative to any unsafe premises,
(1) vacating of an unsafe building;
(2) sealing an unsafe building against intrusion by unauthorized
persons, in accordance with a uniform standard established by
(3) extermination of vermin in and about the unsafe premises;
(4) removal of trash, debris,
fire hazardous material, or a
public health hazard
in and about the unsafe premises;
(5) repair or rehabilitation of an unsafe building to bring it into
compliance with standards for building condition or maintenance
required for human habitation, occupancy, or use by a statute, a
rule adopted under IC 4-22-2, or an ordinance;
(6) removal of part of an unsafe building;
(7) removal of an unsafe building; and
(8) requiring, for an unsafe building that will be sealed for a
period of more than ninety (90) days:
(A) sealing against intrusion by unauthorized persons and the
effects of weather;
(B) exterior improvements to make the building compatible in
appearance with other buildings in the area; and
(C) continuing maintenance and upkeep of the building and
in accordance with standards established by ordinance.
Notice of the order must be given under section 25 of this chapter. The
ordered action must be reasonably related to the condition of the unsafe
premises and the nature and use of nearby properties. The order
supersedes any permit relating to building or land use, whether that
permit is obtained before or after the order is issued.
(b) The order must contain:
(1) the name of the person to whom the order is issued;
(2) the legal description or address of the unsafe premises that are
the subject of the order;
(3) the action that the order requires;
(4) the period of time in which the action is required to be
accomplished, measured from the time when the notice of the
order is given;
(5) if a hearing is required, a statement indicating the exact time
and place of the hearing, and stating that person to whom the
order was issued is entitled to appear at the hearing with or
without legal counsel, present evidence, cross-examine opposing
witnesses, and present arguments;
(6) if a hearing is not required, a statement that an order under
subsection (a)(2), (a)(3), (a)(4), or (a)(5) becomes final ten (10)
days after notice is given, unless a hearing is requested in writing
by a person holding a fee interest, life estate interest, or equitable
interest of a contract purchaser in the unsafe premises, and the
request is delivered to the enforcement authority before the end
of the ten (10) day period;
(7) a statement briefly indicating what action can be taken by the
enforcement authority if the order is not complied with;
(8) a statement indicating the obligation created by section 27 of
this chapter relating to notification of subsequent interest holders
and the enforcement authority; and
(9) the name, address, and telephone number of the enforcement
(c) The order must allow a sufficient time, of at least ten (10) days,
but not more than sixty (60) days, from the time when notice of the
order is given, to accomplish the required action. If the order allows
more than thirty (30) days to accomplish the action, the order may
require that a substantial beginning be made in accomplishing the
action within thirty (30) days.
(d) The order expires two (2) years from the day the notice of the
order is given, unless one (1) or more of the following events occurs
within that two (2) year period:
(1) A complaint requesting judicial review is filed under section
9 of this chapter.
(2) A contract for action required by the order is let at public bid
under section 11 of this chapter.
(3) A civil action is filed under section 17 of this chapter.
SOURCE: IC 33-36-3-4; (06)IN1395.1.10. -->
SECTION 10. IC 33-36-3-4 IS REPEALED [EFFECTIVE JULY 1,