Introduced Version
HOUSE BILL No. 1344
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-9-10; IC 16-18-2-237.5; IC 16-19-3-4;
IC 16-20-1-22.5; IC 16-22-8-34.
Synopsis: Mobile camps for railroad employees. Establishes standards
for a mobile camp (camp) provided by a railroad company for
maintenance of way employees. Requires a railroad company to
provide drinking water at assembly points where at least two
maintenance of way employees meet. Requires certain county or city
executives other than the executive in Marion County to adopt a health
ordinance pertaining to the licensing procedure and regulation of a
camp. Authorizes: (1) the health and hospital corporation of Marion
County to adopt and enforce an ordinance to license and regulate a
camp; and (2) the executive board of the state department of health to
adopt rules concerning a camp.
Effective: July 1, 2007.
Tyler, Lawson L
January 16, 2007, read first time and referred to Committee on Public Health.
Introduced
First Regular Session 115th General Assembly (2007)
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 2006 Regular Session of the General Assembly.
HOUSE BILL No. 1344
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities and transportation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-9-10-1; (07)IN1344.1.1. -->
SECTION 1. IC 8-9-10-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1.
(a) As used in this section,
"mobile camp" means a temporary location where at least two (2)
maintenance of way employees are housed.
(b) Every railroad company within the state of Indiana shall provide
and adequately maintain a heated room or rooms at all terminals and
headquarters in the operation of
said the railroad company, for the use
of its employees.
containing
(c) Each room required by subsection (b) must contain adequate
wash basins, shower-baths, inside toilets, and sufficient lockers for
checking employees' clothing.
In addition to the foregoing,
(d) Every railroad shall maintain at all permanent assembly points
a supply of drinking water dispensed in a sanitary manner. A
permanent assembly point under this chapter is a location where a
minimum of
six (6) two (2) maintenance of way employees meet for
a
period of not less than six (6) months of each year.
(e) A railroad company that houses maintenance of way
employees in a mobile camp shall provide and adequately maintain
for the employees' use outfit cars, camp cars, or trailers with the
following:
(1) Heat and air conditioning.
(2) An adequate number of wash basins, showers, and inside
toilets.
(3) An adequate number of lockers for checking employees'
clothing and personal belongings.
(4) An adequate supply of potable water dispensed in a
sanitary manner for drinking, bathing, cooking, and cleaning
cooking utensils.
(5) Floor space of at least:
(A) sixty (60) square feet per resident for sleeping units
using single beds; and
(B) eighty (80) square feet per resident for sleeping units
using double bunk beds.
(f) A railroad company that houses maintenance of way
employees in a mobile camp shall:
(1) not later than two (2) business days after employees arrive
at that location, notify the local health department with
jurisdiction in the area in which the mobile camp is located of
the existence of the mobile camp; and
(2) request and permit inspection by an authorized
representative of the local health department to ensure the
conditions of the outfit cars, camp cars, or trailers are
sanitary and healthful for the:
(A) maintenance of way employees; and
(B) local community.
(g) A railroad company shall locate and maintain a mobile camp
described in subsection (e) in a safe and healthy environment.
SOURCE: IC 8-9-10-2; (07)IN1344.1.2. -->
SECTION 2. IC 8-9-10-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 2. (a) Whenever the Indiana
department of transportation secures reliable information, receives a
complaint, or, because of reports made by the department's inspectors,
has reason to believe that a railroad company in this state does not
provide and adequately maintain the sanitary facilities provided for in
section 1(b) through 1(e) of this chapter, the department shall make
an investigation as necessary. The department shall conduct a hearing
at which both the railroad company and the employees affected will be
given a full opportunity to present evidence as to the necessity and
reasonableness of the proposed changes or improvements.
(b) When the investigation required under subsection (a) is made,
the Indiana department of transportation shall report to the manager or
superintendent of the railroad company. In the report and
recommendations, the department shall make an accurate statement of
the time the examination was made, of the exact location, character,
and extent of defects or omissions, if any have been found, and shall
recommend reasonable changes and improvements, additions,
buildings, and accommodations, as are, in the opinion of the
department, necessary to remedy the faults, neglect, requirements, or
defects. The recommendations must set out specifically a reasonable
time within which such improvements or changes or additions shall be
made by the railroad company.
(c) If the recommendations under subsection (b) are not carried out
within the time specified, then the Indiana department of transportation
may commence proceedings by mandamus or other remedy in a circuit
or superior court having jurisdiction to enforce compliance with its
order. All courts having jurisdiction in these cases shall give preference
to the cases and shall hear and determine the case speedily to the end
that the employees' interests and the public interests may not suffer.
SOURCE: IC 8-9-10-3; (07)IN1344.1.3. -->
SECTION 3. IC 8-9-10-3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 3. In addition to the provisions of this chapter, the
railroad company is subject to an ordinance adopted under
IC 16-20-1-22.5 or IC 16-22-8-34(a)(3)(P).
SOURCE: IC 16-18-2-237.5; (07)IN1344.1.4. -->
SECTION 4. IC 16-18-2-237.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 237.5. "Mobile camp" has the
meaning set forth in IC 8-9-10-1(a).
SOURCE: IC 16-19-3-4; (07)IN1344.1.5. -->
SECTION 5. IC 16-19-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) The executive
board may, by an affirmative vote of a majority of its members, adopt
reasonable rules on behalf of the state department to protect or to
improve the public health in Indiana.
(b) The rules may concern but are not limited to the following:
(1) Nuisances dangerous to public health.
(2) The pollution of any water supply other than where
jurisdiction is in the water pollution control board and department
of environmental management.
(3) The disposition of excremental and sewage matter.
(4) The control of fly and mosquito breeding places.
(5) The detection, reporting, prevention, and control of diseases
that affect public health.
(6) The care of maternity and infant cases and the conduct of
maternity homes.
(7) The production, distribution, and sale of human food.
(8) The conduct of camps, including mobile camps.
(9) Standards of cleanliness of eating facilities for the public.
(10) Standards of cleanliness of sanitary facilities offered for
public use.
(11) The handling, disposal, disinterment, and reburial of dead
human bodies.
(12) Vital statistics.
(13) Sanitary conditions and facilities in public buildings and
grounds, including plumbing, drainage, sewage disposal, water
supply, lighting, heating, and ventilation, other than where
jurisdiction is vested by law in the fire prevention and building
safety commission or other state agency.
(14) The design, construction, and operation of swimming and
wading pools. However, the rules governing swimming and
wading pools do not apply to a pool maintained by an individual
for the sole use of the individual's household and house guests.
SOURCE: IC 16-20-1-22.5; (07)IN1344.1.6. -->
SECTION 6. IC 16-20-1-22.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 22.5. (a) The appropriate county
or city executive shall adopt an ordinance pertaining to the:
(1) licensing process; and
(2) regulation;
of a mobile camp that is located in the jurisdiction of the local
health department.
(b) The operation of a mobile camp is subject to inspection by
the local health officer or the officer's designee under section 23 of
this chapter.
SOURCE: IC 16-22-8-34; (07)IN1344.1.7. -->
SECTION 7. IC 16-22-8-34, AS AMENDED BY P.L.88-2006,
SECTION 5, AND AS AMENDED BY P.L.145-2006, SECTION 133,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: 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
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 animals' 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 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.
(P) To license and regulate a mobile camp.
(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. resources.
(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
organization and operating procedures.
(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.