SB 197 Indiana Senate · 2025 Regular Session

Various property matters.

Summary

Provides that the enforcement authority shall give notice with certain requirements. Provides that after a civil penalty is imposed and a hearing is held, the enforcement authority may impose an additional civil penalty. Provides that if a civil penalty is unpaid for more than 30 days after payment of the civil penalty is due, the civil penalty may be collected in the same manner as unpaid costs for unsafe premises repairs or emergency actions taken. Provides that depositing or causing or allowing the deposit of contaminants or solid waste upon the land is a Class C misdemeanor in certain circumstances. Provides that after May 14, 2025, a unit may not adopt or enforce a utility usage data ordinance. Makes it a Class C misdemeanor for a person to use public property of the state or a political subdivision for purposes of sleeping or camping, subject to certain exceptions and conditions. Requires a law enforcement officer that discovers a violation to first determine if there are reasonable grounds for an emergency detention of the person. Provides that if the law enforcement officer does not proceed with an emergency detention, the law enforcement officer must: (1) give the person a warning to move from the property within a certain period of time; (2) offer to transport the person to certain locations within five miles of where the violation occurs; and (3) call a local crisis intervention team for assistance, if: (A) the unit is served by a local crisis intervention team; and (B) a location that provides certain services does not exist or is not available to receive the person or the person refuses to be transported to the location. Provides that a person charged with a violation may be referred to a problem solving court designated by the prosecuting attorney. Allows application of a Medicaid waiver to provide long term access to home and community based services, including housing related services, under the healthy Indiana plan.

Bill status passed both 4 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Apr 2025

Senate Passage

Feb 2025

House Passage

Apr 2025

Governor

Introduced Jan 8, 2025 Last action Apr 24, 2025

Maddy AI version diff · 4 comparisons

What changed between versions

Senate Bill (S) → Senate Bill (H) · 7 edits

MODERATE

The bill was amended from Senate to House version, adding new provisions on mental health services, property contamination penalties, and homeless encampment enforcement. The scope expanded from just unsafe building laws to include mental health support, environmental violations, and public property use restrictions.

Scope change

Expanded from unsafe building enforcement only to include mental health services, environmental contamination penalties, and public property use restrictions for sleeping/camping.

FISCAL

Added provisions allowing Medicaid waiver applications to provide long-term home and community-based services for individuals with serious mental illnesses, substance use disorders, traumatic brain injuries, and intellectual disabilities.

ENFORCEMENT

Added new misdemeanor penalties for depositing contaminants or solid waste on land owned by others, with specific thresholds for 30+ square feet or repeated violations.

Added new misdemeanor penalties for using public property for sleeping or camping, with specific requirements for law enforcement response including warnings, transport offers, and crisis team referrals.

Added provision allowing additional civil penalties after a hearing is held on an initial penalty.

REQUIREMENT

Added restrictions preventing units from adopting utility usage data ordinances after May 14, 2025.

Added requirement for enforcement authorities to provide notice with specific requirements for civil penalty hearings.

TIMELINE

Changed effective date from July 1, 2025 to 'upon passage' for some provisions while keeping July 1, 2025 for others.

Engrossed Senate Bill (S) → Senate Bill (S) · 8 edits

MODERATE

This bill was renumbered from ES 197 to SB 197 and its digest was significantly rewritten to reflect a narrower focus on unsafe building laws rather than a broad range of property and public safety issues. The substantive changes shift the bill's scope from covering mental health facilities, homeless encampments, utility ordinances, and Medicaid waivers to specifically addressing enforcement of orders related to unsafe premises. Key modifications include extending the time to request a hearing from 10 to 90 days, clarifying that civil penalties remain with the seller if a property is sold to an unrelated third party, and specifying that civil penalties cannot be included on property tax statements but remain as liens on the property.

Scope change

The bill's scope was substantially narrowed from covering diverse topics including mental health facilities, homeless encampments, utility usage data ordinances, and Medicaid waivers to focusing exclusively on unsafe building law and civil penalties related to unsafe premises.

SCOPE

Bill renumbered from ES 197 to SB 197 and digest rewritten to reflect narrower focus on unsafe building law instead of multiple unrelated topics

Removed provisions related to homeless encampments, utility usage data ordinances, and Medicaid waivers for home and community based services

TIMELINE

Time to request a hearing on an unsafe premises order extended from 10 days to 90 days

Effective date changed from multiple dates including July 1, 2026 to a single effective date of July 1, 2025

REQUIREMENT

Added requirement that hearing request instructions be printed in at least 12 point font and placed in a conspicuous location on the order

Added that civil penalties may not be included on property tax statements but remain as liens on the property

ELIGIBILITY

Clarified that civil penalties assessed before a property is purchased by an unrelated third party remain the responsibility of the seller

DEFINITION

Removed definition of 'facility' related to mental health institutions and replaced with unsafe building enforcement provisions

Floor votes · Senate Feb 20, 2025 · House Apr 14, 2025

How they voted

41–8

Passed · 1 other

Total votes 50

Feb 20, 2025

D Democratic10

1 Yea 8 Nay 1

80% Nay

R Republican40

40 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 15, 2025

Introduced

Senate dissented from House amendments

upper

Apr 14, 2025

Lower · Passed

Third reading: passed; Roll Call 440: yeas 52, nays 40

lower

Apr 10, 2025

Amended

Amendment #4 (Hamilton) failed; voice vote

lower

Apr 10, 2025

Lower · Passed

Amendment #5 (Moed) prevailed; voice vote

lower

Apr 10, 2025

Amended

Amendment #3 (Campbell) failed; Roll Call 435: yeas 28, nays 61

lower

Apr 10, 2025

Amended

Amendment #3 (Campbell) motion withdrawn

lower

Apr 7, 2025

Lower · Passed

Committee report: amend do pass, adopted

lower

Feb 20, 2025

Upper · Passed

Third reading: passed; Roll Call 178: yeas 41, nays 8

upper

Feb 18, 2025

Upper · Passed

Amendment #1 (Freeman) prevailed; voice vote

upper

Feb 13, 2025

Upper · Passed

Committee report: amend do pass, adopted

upper

3 primary · 1 co-sponsor