Citations Affected: IC 4-12;
IC 12-10-16
; IC 24.
Synopsis: Disposition of tobacco settlement funds. Provides that all money received by the
state under the master settlement agreement shall be deposited in the fund. Establishes
limitations on the expenditure of money that is deposited in the fund. Prohibits expenditure of
interest on the fund unless specifically appropriated. Establishes a tobacco use prevention and
cessation executive board and trust fund to provide grants to implement a long range state plan
to reduce the use of tobacco and tobacco products. Provides that expenditures of state funds by
state agencies or other public or private entities for programs concerning reduction of tobacco
usage are subject to approval by the executive board. Establishes other funds to provide
distributions for certain health care programs, biomedical technology and basic research
initiatives, local health departments, assistance to low-income senior citizens in purchasing
prescription drugs, and assistance to farmers in transitioning from tobacco to other commodities.
Provides that certain cigarettes may not be sold or possessed in Indiana. Makes transitional
amendments concerning the existing tobacco settlement fund and appropriations made by the
1999 budget for the children's health insurance program. Makes various appropriations from the
Indiana tobacco master settlement agreement fund. Provides that the family and social services
administration is to establish a prescription drug program implementing the recommendations
from a prescription drug advisory committee.
Effective: Upon passage; April 1, 2000; July 1, 2000; September 1, 2000; July 1, 2001.
MR. PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 108 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
distributions that may be made from the fund during the state
fiscal year beginning July 1, 2000, is determined under STEP
THREE of the following formula:
STEP ONE: Determine the sum of money received or to be
received by the state under the master settlement agreement
before July 1, 2001.
STEP TWO: Subtract from the STEP ONE sum the amount
appropriated by P.L.273-1999, SECTION 8, to the children's
health insurance program from funds accruing to the state
from the tobacco settlement for the state fiscal years
beginning July 1, 1999, and July 1, 2000.
STEP THREE: Multiply the STEP TWO remainder by fifty
percent (50%).
(e) The maximum amount of expenditures, transfers, or
distributions that may be made from the fund during the state
fiscal year beginning July 1, 2001, and each state fiscal year after
that is equal to sixty percent (60%) of the amount of money
received or to be received by the state under the master settlement
agreement during that state fiscal year.
(f) The following amounts shall be retained in the fund and
may not be expended, transferred, or otherwise distributed from
the fund:
(1) All of the money that is received by the state under the
master settlement agreement and remains in the fund after
the expenditures, transfers, or distributions permitted under
subsections (c) through (e).
(2) All interest that accrues from investment of money in the
fund, unless specifically appropriated by the general
assembly.
(g) The fund shall be administered by the budget agency.
Notwithstanding IC 5-13, the treasurer of state shall invest the money
in the fund not currently needed to meet the obligations of the fund in
the same manner as other public money is invested by the public
employees retirement fund under
IC 5-10.3-5.
The treasurer of
state may contract with investment management professionals,
investment advisors, and legal counsel to assist in the management
of the fund and may pay the state expenses incurred under those
contracts from the fund. Interest that accrues from these investments
shall be deposited in the fund. Money in the fund at the end of the state
fiscal year does not revert to the state general fund.
(h) The state general fund is not liable for payment of a
shortfall in expenditures, transfers, or distributions from the
Indiana tobacco master settlement agreement fund or any other
fund due to a delay, reduction, or cancellation of payments
scheduled to be received by the state under the master settlement
agreement. If such a shortfall occurs in any state fiscal year, all
expenditures, transfers, and distributions affected by the shortfall
shall be reduced proportionately.
governor.
(g) The governor may reappoint an appointed member of the
executive board.
(h) A vacancy with respect to a member appointed under
subsection (c)(2) shall be filled for the balance of an unexpired
term in the same manner as the original appointment. A vacancy
with respect to a member appointed under subsection (c)(3) shall
be filled in the same manner as the original appointment.
(i) The governor shall designate a member to serve as
chairperson of the executive board. The executive board shall
annually elect one (1) of its ex officio members as vice chairperson
and may elect any other officer that the executive board desires.
(j) The governor may remove a member appointed under
subsection (c)(2) for misfeasance, malfeasance, willful neglect of
duty, or other cause after notice and a public hearing, unless the
member expressly waives the notice and hearing in writing.
Sec. 5. (a) An appointed member of the executive board who
is not a state employee is entitled to the minimum salary per diem
provided by
IC 4-10-11-2.1
(b). Each appointed member is entitled
to reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties.
(b) An ex officio member of the executive board is entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties.
Sec. 6. (a) The executive board may:
(1) employ an executive director; and
(2) delegate necessary and appropriate functions and
authority to the executive director.
(b) Subject to the approval of the executive board, the
executive director may do the following:
(1) Employ staff necessary to advise and assist the executive
board as required by this chapter.
(2) Fix compensation of staff according to the policies
currently enforced by the budget agency and the state
personnel department.
(3) Engage experts and consultants to assist the executive
board.
(4) Expend funds made available to the staff according to the
policies established by the budget agency.
(5) Establish policies, procedures, standards, and criteria
necessary to carry out the duties of the staff of the executive
board.
Sec. 7. (a) Eleven (11) voting members of the executive board
constitute a quorum for:
(1) the transaction of business at a meeting of the executive
board; or
(2) the exercise of a power or function of the executive board.
(b) The affirmative vote of a majority of all the voting
members of the executive board is necessary for the executive
board to take action. A vacancy in the membership of the executive
board does not impair the right of a quorum to exercise all the
rights and perform all the duties of the executive board.
(c) The executive board shall meet at least quarterly and at the
call of the chairperson.
Sec. 8. (a) The executive board is a public agency for purposes
of
IC 5-14-1.5
and
IC 5-14-3.
(b) The executive board is a governing body for purposes of
IC 5-14-1.5.
Sec. 9. In addition to any other power granted by this chapter,
the executive board may:
(1) adopt an official seal and alter the seal at its pleasure;
(2) adopt rules, under
IC 4-22-2
, for the regulation of its
affairs and the conduct of its business and prescribe policies
in connection with the performance of its functions and
duties;
(3) accept gifts, devises, bequests, grants, loans,
appropriations, revenue sharing, other financing and
assistance, and any other aid from any source and agree to
and comply with conditions attached to that aid;
(4) make, execute, and effectuate any and all contracts,
agreements, or other documents with any governmental
agency or any person, corporation, limited liability company,
association, partnership, or other organization or entity
necessary or convenient to accomplish the purposes of this
chapter, including contracts for the provision of all or any
portion of the services the executive board considers
necessary for the management and operations of the
executive board;
(5) recommend legislation to the governor and general
assembly; and
(6) do any and all acts and things necessary, proper, or
convenient to carry out this article.
Sec. 10. (a) The Indiana tobacco use prevention and cessation
trust fund is established. The executive board may expend money
from the fund and make grants from the fund to implement the
long range state plan established under this chapter. General
operating and administrative expenses of the executive board are
also payable from the fund.
(b) The fund consists of:
(1) amounts, if any, that another statute requires to be
distributed to the fund from the Indiana tobacco master
settlement agreement fund;
(2) appropriations to the fund from other sources;
(3) grants, gifts, and donations intended for deposit in the
fund; and
(4) interest that accrues from money in the fund.
(c) The fund shall be administered by the executive board.
Notwithstanding IC 5-13, the treasurer of state shall invest the
money in the fund not currently needed to meet the obligations of
the fund in the same manner as money is invested by the public
employees retirement fund under
IC 5-10.3-5.
The treasurer of
state may contract with investment management professionals,
investment advisors, and legal counsel to assist in the management
of the fund and may pay the state expenses incurred under those
contracts. Money in the fund at the end of a state fiscal year does
not revert to the state general fund.
(d) All income and assets of the executive board deposited in
the fund are for the use of the executive board without
appropriation.
Sec. 11. (a) The executive board shall develop:
(1) a mission statement concerning prevention and reduction
of the usage of tobacco and tobacco products in Indiana,
including:
(A) emphasis on prevention and reduction of tobacco use
by minorities, pregnant women, children, and youth,
including seriously and emotionally disturbed youth;
(B) encouragement of smoking cessation;
(C) production and distribution of information
concerning the dangers of tobacco use and tobacco
related diseases;
(D) providing research on issues related to reduction of
tobacco use;
(E) enforcement of laws concerning sales of tobacco to
youth and use of tobacco by youth; and
(F) other activities that the executive board considers
necessary and appropriate for inclusion in the mission
statement; and
(2) a long range state plan, based on Best Practices for
Tobacco Control Programs as published by the Centers for
Disease Control and Prevention, for:
(A) the provision of services by the executive board,
public or private entities, and individuals to implement
the executive board's mission statement; and
(B) the coordination of state efforts to reduce usage of
tobacco and tobacco products.
The executive board shall update the mission statement and long
range state plan as necessary to carry out the purposes of this
chapter.
(b) The long range state plan described in subsection (a) must:
(1) cover a period of at least five (5) years;
(2) include base line data concerning tobacco usage;
(3) set forth specific goals for prevention and reduction of
tobacco usage in Indiana; and
(4) be made available to the governor, the general assembly,
and any other appropriate state or federal agency.
Sec. 12. A public or private entity or an individual may submit
an application to the executive board for a grant from the fund.
Each application must be in writing and contain the following
information:
(1) A clear objective to be achieved with the grant.
(2) A plan for implementation of the specific program.
(3) A statement of the manner in which the proposed
program will further the goals of the executive board's
mission statement and long range state plan.
(4) The amount of the grant requested.
(5) An evaluation and assessment component to determine
the program's performance.
(6) Any other information required by the executive board.
The executive board may adopt written guidelines to establish
procedures, forms, additional evaluation criteria, and application
deadlines.
Sec. 13. The expenditure of state funds (other than a grant
awarded under this chapter) for a program concerning prevention
or reduction of tobacco usage that is operated by a state agency or
a public or private entity is subject to the approval of the executive
board. The state agency or public or private entity shall submit a
description of the proposed expenditure to the executive board for
the executive board's review and approval. The description
submitted under this section must include the following:
(1) The objective to be achieved through the expenditure.
(2) The plan for implementation of the expenditure.
(3) The extent to which the expenditure will supplement or
duplicate existing expenditures of other state agencies, public
or private entities, or the executive board.
Sec. 14. The executive board shall prepare an annual financial
report and an annual report concerning the executive board's
activities under this chapter and promptly transmit the annual
reports to the governor and the legislative council. The executive
board shall make the annual reports available to the public upon
request.
Sec. 15. The funds, accounts, management, and operations of
the executive board are subject to annual audit by the state board
of accounts.
Sec. 16. (a) The Indiana tobacco use prevention and cessation
advisory board is established. The board consists of:
(1) the executive director employed under section 6 of this
chapter, who shall serve as the chairperson of the advisory
board; and
(2) other members appointed by the governor who have
knowledge, skill, and experience in smoking reduction and
cessation programs, health care services, or preventive
health care measures.
(b) The advisory committee shall meet at least quarterly and
at the call of the chairperson.
(c) The advisory committee shall, as considered necessary by
the advisory committee or as requested by the executive board,
make recommendations to the executive committee concerning:
(1) the development and implementation of the mission
statement and long range state plan under section 11 of this
chapter;
(2) the criteria to be used for the evaluation of grant
applications under this chapter;
(3) the coordination of public and private efforts concerning
reduction and prevention of tobacco usage; and
rural areas.
(5) Promoting health and wellness activities.
(6) Encouraging the prevention of disease, particularly
tobacco related diseases.
(7) Addressing the special health care needs of those who
suffer most from tobacco related diseases, including end of
life and long term care alternatives.
(8) Addressing minority health disparities.
(9) Addressing the impact of tobacco related diseases,
particularly on minorities and females.
(10) Promoting community based health care, particularly in
areas with a high percentage of underserved citizens,
including individuals with disabilities, or with a shortage of
health care professionals.
(11) Enhancing local health department services.
(12) Expanding community based minority health
infrastructure.
(13) Other purposes recommended by the Indiana health
care trust fund advisory board established by section 5 of
this chapter.
Sec. 5. (a) The Indiana health care trust fund advisory board
is established. The advisory board shall meet at least quarterly and
at the call of the chairperson to make recommendations to the
governor, the budget agency, and the general assembly concerning
the priorities for appropriation and distribution of money from the
fund.
(b) The advisory board consists of the following:
(1) The following three (3) ex officio members:
(A) The director of the budget agency or the director's
designee.
(B) The commissioner of the state department of health
or the commissioner's designee.
(C) The secretary of family and social services or the
secretary's designee.
(2) Two (2) members of the senate, who may not be members
of the same political party, appointed by the president pro
tempore of the senate.
(3) Two (2) members of the house of representatives, who
may not be members of the same political party, appointed
by the speaker of the house.
(4) The following appointees by the governor who represent
the following organizations or interests:
(A) The Indiana Dental Association.
(B) The Indiana Hospital and Health Association.
(C) The Indiana Minority Health Coalition.
(D) The Indiana Chapter of the American Academy of
Pediatrics.
(E) The Indiana State Medical Association.
(F) The Indiana State Nurses Association.
(G) The Indiana Health Care Association.
(H) A local health officer or a rural health organization.
mileage, and travel allowances paid to legislative members of
interim study committees established by the legislative council. Per
diem, mileage, and travel allowances paid under this subsection
shall be paid from appropriations made to the legislative council or
the legislative services agency.
(l) Payments authorized for members of the advisory board
under subsections (i) through (k) are payable from the Indiana
tobacco master settlement agreement fund.
(m) The budget agency shall serve as the staff to the advisory
committee.
Sec. 6. A public or private entity or an individual may submit
an application to the board for a grant from the fund. Each
application must be in writing and contain the following
information:
(1) A clear objective to be achieved with the grant.
(2) A plan for implementation of the specific program.
(3) A statement of the manner in which the proposed
program will further the goals of the Indiana tobacco use
prevention and cessation board's mission statement and long
range state plan under
IC 4-12-4.
(4) The amount of the grant requested.
(5) An evaluation and assessment component to determine
the program's performance.
(6) Any other information required by the advisory board.
The advisory board may adopt written guidelines to establish
procedures, forms, additional evaluation criteria, and application
deadlines.
Sec. 7. Appropriations and distributions from the fund under
this chapter are in addition to and not in place of other
appropriations or distributions made for the same purpose.
Notwithstanding IC 5-13, the treasurer of state shall invest the
money in the fund not currently needed to meet the obligations of
the fund in the same manner as money is invested by the public
employees retirement fund under
IC 5-10.3-5.
The treasurer of
state may contract with investment management professionals,
investment advisors, and legal counsel to assist in the management
of the fund and may pay the state expenses incurred under those
contracts. Money in the fund at the end of the state fiscal year does
not revert to the state general fund.
Sec. 4. Subject to appropriation by the general assembly,
review by the budget committee, and approval by the budget
agency, the treasurer of state shall distribute money from the fund
to public and private entities to support biomedical technology and
basic research initiatives, giving priority to initiatives that address
tobacco related illnesses and that leverage matching dollars from
federal or private sources.
Sec. 5. Appropriations and distributions from the fund under
this chapter are in addition to and not in place of other
appropriations or distributions made for the same purpose.
calendar year beginning on or after January 1, 2001, shall be
distributed to the fund from the Indiana tobacco master settlement
agreement fund.
(c) The fund shall be administered by the budget agency.
Notwithstanding IC 5-13, the treasurer of state shall invest the
money in the fund not currently needed to meet the obligations of
the fund in the same manner as money is invested by the public
employees retirement fund under
IC 5-10.3-5.
The treasurer of
state may contract with investment management professionals,
investment advisors, and legal counsel to assist in the management
of the fund and may pay the state expenses incurred under those
contracts. Money in the fund at the end of the state fiscal year does
not revert to the state general fund.
Sec. 5. (a) Subject to subsection (b) and subject to review by
the budget committee and approval by the budget agency, on July
1 of each year the treasurer of state shall distribute money from
the fund to each county in the amount determined under STEP
FOUR of the following formula:
STEP ONE: Determine the amount of money, if any,
available for distribution from the fund.
STEP TWO: Subtract nine hundred twenty thousand dollars
($920,000) from the amount determined under STEP ONE.
STEP THREE: Multiply the STEP TWO remainder by a
fraction. The numerator of the fraction is the population of
the county. The denominator of the fraction is the population
of the state.
STEP FOUR: Add ten thousand dollars ($10,000) to the
STEP THREE product.
(b) If less than nine hundred twenty thousand dollars
($920,000) is available for distribution from the fund on July 1 of
any year, the amount of the distribution from the fund to each
county is determined under STEP TWO of the following formula.
STEP ONE: Determine the amount of money, if any,
available for distribution from the fund.
STEP TWO: Multiply the STEP ONE amount by a fraction.
The numerator of the fraction is the population of the
county. The denominator of the fraction is the population of
the state.
Sec. 6. If only one (1) local board of health exists in a county,
the county fiscal body shall appropriate all distributions received
by the county under this chapter to that local board of health. If
more than one (1) local board of health exists in a county, the
county fiscal body shall appropriate all distributions received by
the county under this chapter to those local boards of health in
amounts determined by the county fiscal body.
Sec. 7. In using money distributed under this chapter, a local
board of health shall give priority to:
(1) programs that share common goals with the mission
statement and long range state plan established by the
Indiana tobacco use prevention and cessation board;
(2) preventive health measures; and
distributed to the fund from the Indiana tobacco master
settlement agreement fund;
(2) appropriations to the fund from other sources;
(3) grants, gifts, and donations intended for deposit in the
fund; and
(4) interest that accrues from money in the fund.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) Notwithstanding IC 5-13, the treasurer of state shall invest
the money in the fund not currently needed to meet the obligations
of the fund in the same manner as money is invested by the public
employees retirement fund under
IC 5-10.3-5.
The treasurer of
state may contract with investment management professionals,
investment advisors, and legal counsel to assist in the management
of the fund and may pay the state expenses incurred under those
contracts.
(d) Money in the fund at the end of the state fiscal year does
not revert to the state general fund.
Sec. 3. (a) Subject to subsection (b), money in the fund shall be
used for the following purposes:
(1) To assist farmers who produced tobacco to successfully
transition to alternative, economically viable commodities.
(2) To preserve and sustain Indiana family farms and
farmland.
(3) To develop new agricultural enterprises in areas that
were used for tobacco production, including facilities for
research and development, new market opportunities,
educational programs, and leadership developmental
programs.
(4) Assistance to rural communities that suffer a negative
economic impact from the loss of tobacco production,
including assistance to the Indiana Rural Development
Council.
(b) Expenditures from the fund are subject to appropriation
by the general assembly, review by the budget committee, and
approval by the budget agency. In addition, the commissioner of
agriculture shall approve expenditures for projects under
subsection (a)(1) through (a)(3), and the department of commerce
shall approve expenditures for projects under subsection (a)(4).
citizens.
Sec. 4. The office of the secretary shall report to the budget
committee on the recommendations made by the prescription drug
advisory committee.
Sec. 5. (a) The office may adopt rules under
IC 4-22-2
to
implement the program.
(b) The office may adopt emergency rules under
IC 4-22-2-37.1
to implement the program on an emergency basis.
Sec. 6. The administrative expenses and benefit costs of the
program shall be paid from the fund.
Indiana that were manufactured outside the United States, shall
file a monthly report with the department and keep and maintain
the records required under
IC 6-7-1-19
and
IC 6-7-1-19.5.
(b) The report required under subsection (a) must be signed by
the person who imports the cigarettes, under penalties of perjury,
and must contain the following information concerning cigarettes
that the person imported during the preceding month:
(1) A copy of each of the following:
(A) The permit issued under 26 U.S.C. 5713 that allows
the person to import the cigarettes into the United
States.
(B) The United States Customs Service form concerning
the cigarettes that contains the internal revenue tax
information required by the federal Bureau of Alcohol,
Tobacco, and Firearms.
(2) A statement that includes the following information:
(A) The brand and brand styles of the cigarettes
imported.
(B) The quantity of each brand style of the cigarettes
imported.
(C) The name and address of each person to whom the
cigarettes have been shipped.
(3) A statement signed by an officer of the manufacturer or
importer, under the penalties for perjury, that states
whether the manufacturer is a participant in the escrow fund
under
IC 24-3-3-12
and certifies that the manufacturer or
importer has complied with the following:
(A) The federal cigarette package health warning
requirements (15 U.S.C. 1333) and the federal ingredient
reporting requirements (15 U.S.C. 1335a).
(B) The qualified escrow fund for tobacco product
manufacturers requirements under
IC 24-3-3.
Sec. 11. The department may do the following:
(1) Adopt rules under
IC 4-22-2
to implement this chapter.
(2) Assess tax due, penalties, and interest on cigarettes in
violation of this chapter.
(3) Revoke or suspend the registration certificate issued
under
IC 6-7-1-16
of a person who violates this chapter.
Sec. 12. (a) If the department or a law enforcement officer
discovers cigarettes that are in violation of section 8 or 9 of this
chapter, the department or a law enforcement officer may seize
and take possession of the cigarettes together with any vending
machine or receptacle in which the cigarettes are held for sale. The
seized cigarettes, vending machine, or receptacle, not including
money contained in the vending machine or receptacle, shall be
forfeited to the state. The department or law enforcement agency
shall, within a reasonable time after the seizure, destroy the
confiscated cigarettes and vending machine or receptacle.
(b) The confiscation, destruction, sale, or redemption of
cigarettes does not relieve a person of any penalties imposed for
violation of this chapter.
(c) When the department has reason to believe that any
cigarettes are being kept, sold, offered for sale, or given away in
violation of this chapter, an officer of the department or a law
enforcement officer may make an affidavit for a search warrant
under
IC 35-33-5.
If the judge issues a search warrant under
IC 35-33-1
, a law enforcement officer or an authorized agent of the
department may search any place or vehicle designated in the
affidavit and search warrant and seize any cigarettes.
Sec. 13. (a) This chapter may be enforced by the department
or a law enforcement officer.
(b) Upon referral of a violation of this chapter by the
department or a law enforcement officer, the prosecuting attorney
or the attorney general shall prosecute the person who violates this
chapter.
Sec. 14. In addition to any other remedy, any person may
bring an action for appropriate injunctive or equitable relief for a
violation of this chapter that caused actual damages to the person.
The person who brings the action may recover actual damages,
interest on the damages from the date the complaint was filed,
costs, and reasonable attorney's fees. If the court finds that the
violation was flagrant, the court may increase the recovery to an
amount not exceeding three (3) times the amount of actual
damages.
Sec. 15. A person who knowingly or intentionally sells,
distributes, or transports into Indiana cigarettes in violation of
section 8 of this chapter commits a Class A misdemeanor.
Sec. 16. A person who knowingly or intentionally sells, or
distributes cigarettes that bear Indiana tax stamps affixed in
violation of this chapter commits a Class A misdemeanor.
Sec. 17. A person who:
(1) knowingly sells, distributes, or transports more than
twelve thousand (12,000) cigarettes in violation of section 8
or 9 of this chapter; and
(2) has previously been convicted of an offense under section
8 or 9 of this chapter;
commits a Class D felony.
consumer transaction is needed, and that the supplier disposes of
the part repaired or replaced earlier than seventy-two (72) hours
after both:
(A) the customer has been notified that the work has been
completed; and
(B) the part repaired or replaced has been made available
for examination upon the request of the customer.
(14) Engaging in the replacement or repair of the subject of a
consumer transaction if the consumer has not authorized the
replacement or repair, and if the supplier knows or should
reasonably know that it is not authorized.
(15) The act of misrepresenting the geographic location of the
supplier by listing a fictitious business name or an assumed
business name (as described in
IC 23-15-1
) in a local telephone
directory if:
(A) the name misrepresents the supplier's geographic
location;
(B) the listing fails to identify the locality and state of the
supplier's business;
(C) calls to the local telephone number are routinely
forwarded or otherwise transferred to a supplier's business
location that is outside the calling area covered by the local
telephone directory; and
(D) the supplier's business location is located in a county
that is not contiguous to a county in the calling area covered
by the local telephone directory.
(16) The act of listing a fictitious business name or assumed
business name (as described in
IC 23-15-1
) in a directory
assistance database if:
(A) the name misrepresents the supplier's geographic
location;
(B) calls to the local telephone number are routinely
forwarded or otherwise transferred to a supplier's business
location that is outside the local calling area; and
(C) the supplier's business location is located in a county
that is not contiguous to a county in the local calling area.
(17) That the supplier violated
IC 24-3-4
concerning
cigarettes for import or export.
(b) Any representations on or within a product or its packaging or
in advertising or promotional materials which would constitute a
deceptive act shall be the deceptive act both of the supplier who places
such representation thereon or therein, or who authored such materials,
and such other suppliers who shall state orally or in writing that such
representation is true if such other supplier shall know or have reason
to know that such representation was false.
(c) If a supplier shows by a preponderance of the evidence that an
act resulted from a bona fide error notwithstanding the maintenance of
procedures reasonably adopted to avoid the error, such act shall not be
deceptive within the meaning of this chapter.
(d) It shall be a defense to any action brought under this chapter
that the representation constituting an alleged deceptive act was one
made in good faith by the supplier without knowledge of its falsity and
in reliance upon the oral or written representations of the manufacturer,
the person from whom the supplier acquired the product, any testing
organization, or any other person provided that the source thereof is
disclosed to the consumer.
(e) For purposes of subsection (a)(12), a supplier that provides
estimates before performing repair or replacement work for a customer
shall give the customer a written estimate itemizing as closely as
possible the price for labor and parts necessary for the specific job
before commencing the work.
(f) For purposes of subsection (a)(15), a telephone company or
other provider of a telephone directory or directory assistance service
or its officer or agent is immune from liability for publishing the listing
of a fictitious business name or assumed business name of a supplier
in its directory or directory assistance database unless the telephone
company or other provider of a telephone directory or directory
assistance service is the same person as the supplier who has
committed the deceptive act.
governor for programs that address the pharmaceutical costs
of low-income senior citizens.
(b) The committee consists of eleven (11) members appointed by
the governor and four (4) legislative members. The term of each
member expires December 31, 2001. The members of the
committee appointed by the governor are as follows:
(1) A physician with a specialty in geriatrics.
(2) A pharmacist.
(3) A person with expertise in health plan administration.
(4) A representative of an area agency on aging.
(5) A consumer representative from a senior citizen advocacy
organization.
(6) A person with expertise in and knowledge of the federal
Medicare program.
(7) A health care economist.
(8) A person representing a pharmaceutical research and
manufacturing association.
(9) Three (3) other members as appointed by the governor.
The four (4) legislative members shall serve as nonvoting members.
The speaker of the house of representatives and the president pro
tempore of the senate shall each appoint two (2) legislative
members, who may not be from the same political party, to serve
on the committee.
(c) The governor shall designate a member to serve as
chairperson. A vacancy with respect to a member shall be filled in
the same manner as the original appointment. Each member is
entitled to reimbursement for traveling expenses and other
expenses actually incurred in connection with the member's duties.
The expenses of the committee shall be paid from the Indiana
pharmaceutical assistance fund created by
IC 4-12-8
, as added by
this act. The office of the secretary of family and social services
shall provide staff for the committee. The committee is a public
agency for purposes of
IC 5-14-1.5
and
IC 5-14-3.
The advisory
council is a governing body for purposes of
IC 5-14-1.5.
(d) Not later than September 1, 2000, the board shall make
program design recommendations to the governor and the family
and social services administration concerning the following:
(1) Eligibility criteria, including the desirability of
incorporating an income factor based on the federal poverty
level.
(2) Benefit structure.
(3) Cost-sharing requirements, including whether the
program should include a requirement for copayments or
premium payments.
(4) Marketing and outreach strategies.
(5) Administrative structure and delivery systems.
(6) Evaluation.
(e) The recommendations shall address the following:
(1) Cost-effectiveness of program design.
(2) Coordination with existing pharmaceutical assistance
programs.
____________________________ ____________________________
Senator BorstRepresentative Brown C
Chairperson
____________________________ ____________________________
Senator SimpsonRepresentative Murphy
Senate Conferees House Conferees