Synopsis: Marion County health and hospital corporation. Requires a
majority vote of the health and hospital corporation (corporation) board
to take final action. (Current law requires a majority vote of the board
members who are present.) Requires a memorandum to be prepared
for the 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
legislative body.
Effective: July 1, 2006.
January 12, 2006, read first time and referred to Committee on Public Health.
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
organization and operating procedures.
municipal corporation exists on real property,
or instrument under the fee schedule established in IC 36-2-7-10.
required for human habitation, occupancy, or use by a statute, a
rule adopted under IC 4-22-2, or an ordinance;
and the enforcement authority; and
(SENATE SPONSORS _ MILLER, BREAUX)
January 24, 2006, reported _ Do Pass.
January 30, 2006, read second time, ordered engrossed. Engrossed.
February 2, 2006, read third time, passed. Yeas 94, nays 0.
February 7, 2006, read first time and referred to Committee on Health and Provider
Services.
February 16, 2006, amended, reported favorably _ Do Pass.
February 23, 2006, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2005 Regular Session of the General Assembly.
those present at the meeting. the
board.
(b) The corporation shall record memoranda from the meeting
as required by IC 5-14-1.5-4.
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 final passage of any other item of
business and on any other item if two (2) board members of the
board request that the votes be recorded by ayes and nays.
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 hearing. meeting.
(3) The proposed ordinance is available for public inspection at
the office of from the corporation.
(c) The 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.
(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
IC 16-41-9-11.
(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.
(1) As a municipal corporation, sue and be sued in any court with
jurisdiction.
(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
health.
(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 has have
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
use.
(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
public health.
(K) To investigate and diagnose health problems and health
hazards.
(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
facilities.
(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
U.S.C. 501.
(13) (15) To receive and distribute federal, state, local, or private
grants.
(16) To receive and distribute grants from charitable
foundations.
(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
(16) (20) 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
service.
(C) Require security for the payment of the charges.
(17) (21) To adopt a schedule of and to collect reasonable charges
for patients able to pay in full or in part.
(18) (22) To enforce Indiana laws, administrative rules, and the
code of the health and hospital corporation of the county.
(19) (23) To purchase supplies, materials, and equipment for the
corporation.
(20) (24) To employ personnel and establish personnel policies to
carry out the duties, functions, and powers of the corporation.
(21) (25) To employ attorneys admitted to practice law in Indiana.
(22) (26) To acquire, erect, equip, and operate the corporation's
hospitals, medical facilities, and mental health facilities.
(23) (27) To dispose of surplus property in accordance with a
policy by the board.
(24) (28) To determine the duties of officers and division
directors.
(25) (29) To fix the compensation of the officers and division
directors.
(26) (30) To carry out the purposes and object of the corporation.
(27) (31) 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
funds.
(28) (32) 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.
board
corporation shall keep accounts and records of receipts and
disbursements as prescribed by the state board of accounts.
officers employees or
contractors of 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
that:
(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
(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
subsection (h).
(1) vacating of an unsafe building;
(2) sealing an unsafe building against intrusion by unauthorized
persons, in accordance with a uniform standard established by
ordinance;
(3) extermination of vermin in and about the unsafe premises;
(4) removal of trash, debris, or 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
(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
premises;
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
(9) the name, address, and telephone number of the enforcement
authority.
(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.