House panel amends SB 197 to restrict camping on public land, shortens unsafe-building penalties process

The Indiana House Judiciary Committee on April 7 advanced Senate Bill 197 after members adopted an amendment that would restrict sleeping or camping on public property and approved a separate technical amendment to the state unsafe-building law.

The committee voted 7-3 to adopt Amendment 6, offered by Representative Katie Meltzer, which directs the Family and Social Services Administration to apply for a specific Medicaid waiver for the Healthy Indiana Plan and adds a prohibition on camping or sleeping “on a public way” or in a park. Under the amendment, people on a public right-of-way would have 24 hours to move; people in parks would have 72 hours. The amendment also creates a misdemeanor pathway and a referral to problem-solving court under a described set of conditions involving offered shelter and available mental-health services.

The panel also approved Amendment 10 to the unsafe-building law, offered by Representative Milcher, which shortens an administrative timeframe from 90 days to 10 days and requires that, before a potential $2,500 civil penalty is placed on a property tax bill, the enforcement authority provide notice of the hearing’s date, time and location and hold the hearing under section 7 of the code.

Why it matters: Amendment 6 ties criminal enforcement for public camping to an array of service offers (shelter, crisis hotline and mental-health treatment) and creates a misdemeanor that directs prosecutors and courts to problem-solving courts where available. Amendment 10 responds to concerns that a property owner could miss a long administrative deadline and later find a civil penalty added to tax bills without a timely hearing.

What lawmakers said Representative Katie Meltzer, describing Amendment 6, said it "sends language to FSSA about applying for a specific type of Medicaid waiver for the Healthy Indiana Plan to receive additional federal funding" and summarized the camping and diversion provisions. "Would appreciate the committee's support," she said. Representative Milcher, on Amendment 10, said the change "resets the 90 days to 10 days" so an owner has opportunity for a hearing before a civil penalty could ultimately be placed on taxes. Representative Ruben Burton asked how the problem-solving-court referral would work where a community lacks such a court; Meltzer replied that the amendment requires a shelter within five miles of where the violation occurred and said jurisdictions that have problem-solving courts typically would have nearby shelters.

Votes and outcome: The roll call on Amendment 6 produced a 7-3 result; the committee later voted 7-3 to pass the bill as amended. Amendment 10 was taken by consent during the meeting. The committee noted it would "hold that open" for Representatives Prescott and Lopez, who were excused at times during the session.

Implementation and limits: The amendment specifies time windows (24 hours for rights-of-way, 72 hours for parks) and conditions for criminal referral; it requires available shelter and the invocation of crisis and mental-health services before the misdemeanor pathway is applied. The provision directing FSSA to pursue a Medicaid waiver asks a state agency to seek federal funding but does not itself appropriate funds.

What’s next: The bill, as amended by the committee, will proceed in the legislative process. Committee members discussed germaneness and the short notice on some amendments; one member who voted no said they needed more time to "digest" the language.

No formal effective dates or appropriation amounts were specified during committee discussion.

Speakers quoted or identified in committee: Chairman Jeter; Representative Katie Meltzer; Representative Milcher; Representative Ruben Burton; Representative Garcia Wilburn. The committee also recorded votes by several members during roll calls.