Introduced Version






SENATE BILL No. 174

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 2-5-24.1 ; IC 4-4-3-22 ; IC 5-2-9 ; IC 6-1.1-28 ; IC 9-21-8-35 ; IC 9-25-7-3 ; IC 9-30; IC 12-13-7-21 ; IC 12-15; IC 13-11-2 ; IC 13-18; IC 13-20-1-1 ; IC 13-21-2 ; IC 13-22; IC 13-25-5-22 ; IC 13-26-2-6 ; IC 14-22-12-1 ; IC 16-25-5-1 ; IC 16-29-1 ; IC 20-12; IC 21-1-30-3 ; IC 21-2-11.5 ; IC 22-3-7-16 ; IC 22-4-11-3.1 ; IC 24-3-4-17 ; IC 25-4; IC 26-2-8 ; IC 27-8; IC 27-13-7-17 ; IC 33-19-5-2 ; IC 35-33-8-3.2 ; IC 35-46-1 ; IC 36-7-14-22.1 ; IC 36-8-7-26 ; IC 36-8-7.5 ; P.L.21-2000, SECTION 14; P.L.21-2000, SECTION 15; P.L.140-2000, SECTION 27, P.L.140-2000, SECTION 28.

Synopsis: Technical corrections. Makes numerous technical corrections in the Indiana Code.

Effective: Upon passage; July 1, 2001; January 1, 2002.





Kenley




    January 8, 2001, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 112th General Assembly (2001)


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 2000 General Assembly.

SENATE BILL No. 174



    A BILL FOR AN ACT to amend the Indiana Code concerning technical corrections.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 4-4-3-22 , AS ADDED BY P.L.126-2000, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 22. The department shall establish a public information page on its current Internet site on the world wide web. The page must do the following:
        (1) Provide, by program, cumulative information on the total amount of incentives awarded, the total number of companies that received the incentives and were assisted in a year, and the names and addresses of those companies.
        (2) Provide a mechanism on the page whereby the public may request further information on-line about specific programs or incentives awarded.
        (3) Provide a mechanism for the public to receive an electronic response.
    SECTION 2. IC 5-2-9-2.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.1. (a) As used in this chapter, "order" means:


        (1) a protective order issued under:
            (A) IC 34-26-2-12 (1)(A) (or IC 34-4-5.1-5 (a)(1)(A) before its repeal);
            (B) IC 34-26-2-12 (1)(B) (or IC 34-4-5.1-5 (a)(1)(B) before its repeal); or
            (C) IC 34-26-2-12 (1)(C) (or IC 34-4-5.1-5 (a)(1)(C) before its repeal);
        that orders the respondent to refrain from abusing, harassing, or disturbing the peace of the petitioner;
        (2) an emergency protective order issued under IC 34-26-2-6 (1), IC 34-26-2-6 (2), or IC 34-26-2-6 (3) (or IC 34-4-5.1-2.3 (a)(1)(A), IC 34-4-5.1-2.3 (a)(1)(B), or IC 34-4-5.1-2.3 (a)(1)(C) before their repeal) that orders the respondent to refrain from abusing, harassing, or disturbing the peace of the petitioner;
        (3) a temporary restraining order issued under IC 31-15-4-3 (2) or IC 31-15-4-3 (3) IC 31-16-4-2(a)(2), or IC 31-16-4-2(a)(3) (or IC 31-1-11.5-7 (b)(2), or IC 31-1-11.5-7 (b)(3), IC 31-16-4-2 (a)(2), or IC 31-16-4-2 (a)(3) before their repeal) that orders the respondent to refrain from abusing, harassing, or disturbing the peace of the petitioner;
        (4) a dispositional decree issued under IC 31-34-20-1 , IC 31-37-19-1 , or IC 31-37-19-5 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders a person to refrain from direct or indirect contact with a child in need of services or a delinquent child;
        (5) an order issued as a condition of pretrial release or pretrial diversion that orders a person to refrain from any direct or indirect contact with another person;
        (6) an order issued as a condition of probation that orders a person to refrain from any direct or indirect contact with another person;
        (7) a protective order issued under IC 31-15-5 or IC 31-16-5 (or IC 31-1-11.5-8.2 before its repeal) that orders the respondent to refrain from abusing, harassing, or disturbing the peace of the petitioner;
        (8) a protective order issued under IC 31-14-16 in a paternity action that orders the respondent to refrain from having direct or indirect contact with another person; or
        (9) a protective order issued under IC 31-34-17 in a child in need of services proceeding or under IC 31-37-16 in a juvenile delinquency proceeding that orders the respondent to refrain from having direct or indirect contact with a child.
    (b) Whenever an order is issued, the order must be captioned in a manner that indicates the type of order issued and the section of the Indiana Code that authorizes the protective order.
    SECTION 3. IC 5-2-9-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. A depository is established in the office of each sheriff and law enforcement agency in Indiana for the purpose of collecting, maintaining, and retaining the following:
        (1) Protective orders issued under IC 34-26-2 (or IC 34-4-5.1 before its repeal) to prevent abuse of a person.
        (2) A dispositional decree issued under IC 31-34-20-1 , IC 31-37-19-1 , or IC 31-37-19-5 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an injunction issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that requires a person to refrain from direct or indirect contact with a child in need of services or a delinquent child.
        (3) Temporary restraining orders issued under IC 31-15-4-3 (2) or IC 31-15-4-3 (3) IC 31-16-4-2(a)(2), or IC 31-16-4-2(a)(3) (or IC 31-1-11.5-7 (b)(2), or IC 31-1-11.5-7 (b)(3), IC 31-16-4-2 (a)(2), or IC 31-16-4-2 (a)(3) before their repeal) that orders the respondent to refrain from abusing, harassing, or disturbing the peace of the petitioner.
        (4) Orders issued as a condition of pretrial release or pretrial diversion that require a person to refrain from any direct or indirect contact with another person.
        (5) Orders issued as a condition of probation that require a person to refrain from any direct or indirect contact with another person.
        (6) Permanent protective orders issued under IC 31-15-5 (or IC 31-16-5 (or IC 31-1-11.5-8.2 or IC 31-16-5 before its their repeal) that order the respondent to refrain from abusing, harassing, or disturbing the peace of the petitioner.
    SECTION 4. IC 6-1.1-28-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. The county auditor shall give notice of the time, place, and purpose of each annual session of the county board of review. property tax assessment board. The county auditor shall give the notice two (2) weeks before the first meeting of the board by:
        (1) publication in two (2) newspapers of general circulation which are published in the county and which represent different political parties; or
        (2) publication in one (1) newspaper of general circulation published in the county if the requirements of clause (1) of this section cannot be satisfied; or
        (3) posting in three (3) public places in each township of the county if a newspaper of general circulation is not published in the county.
    SECTION 5. IC 6-1.1-28-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) The county board of review property tax assessment board shall remain in session until the board's duties are complete.
    (b) All expenses and per diem compensation resulting from a session of a county board of review property tax assessment board that is called by the state board of tax commissioners under subsection (c) shall be paid by the county auditor, who shall, without an appropriation being required, draw warrants on county funds not otherwise appropriated.
    (c) The state board of tax commissioners may also call a session of the county board of review property tax assessment board after completion of a general reassessment of real property. The state board shall fix the time for and duration of the session.
    SECTION 6. IC 9-21-8-35 , AS AMENDED BY P.L.39-2000, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 35. (a) Upon the immediate approach of an authorized emergency vehicle, when the person who drives the authorized emergency vehicle is giving audible signal by siren or displaying alternately flashing red, red and white, or red and blue lights, a person who drives another vehicle shall do the following unless otherwise directed by a law enforcement officer:
        (1) Yield the right-of-way.
        (2) Immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the highway clear of any intersection.
        (3) Stop and remain in the position until the authorized emergency vehicle has passed.
    (b) Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, or red and blue lights, a person who drives an approaching vehicle shall:
        (1) proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
        (2) proceeding with due caution, reduce the speed of the vehicle,

maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
    (c) Upon approaching a stationary recovery vehicle or a stationary highway maintenance vehicle, when the vehicle is giving a signal by displaying alternately flashing amber lights, a person who drives an approaching vehicle shall:
        (1) proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency recovery vehicle or highway maintenance vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
        (2) proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
    (d) This section does not operate to relieve the person who drives an authorized emergency vehicle, a recovery vehicle, or a highway maintenance vehicle from the duty to operate the vehicle with due regard for the safety of all persons using the highway.
    SECTION 7. IC 9-25-7-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The bureau shall, upon request, cancel a bond or return a certificate of insurance, direct the treasurer of state to return to the person entitled any money or securities deposited under this article as proof of financial responsibility, or waive the requirement of filing proof of financial responsibility in any of the following circumstances:
        (1) At any time after three (3) years from the date the proof was required, if during the three (3) year period preceding the request the person furnishing the proof has not been convicted of an offense referred to in IC 9-30-3-6. IC 9-30-4-6.
        (2) If the person on whose behalf the proof was filed dies or the person becomes permanently incapable of operating a motor vehicle.
        (3) If the person who has given proof of financial responsibility surrenders the person's operator's or chauffeur's license, registration certificates, and registration plates to the bureau. The bureau may not release the proof if an action for damages upon a liability referred to in this article is pending, a judgment upon a liability is outstanding and unsatisfied, or the bureau has received notice that the person has, within the period of three (3) months immediately preceding, been involved as a driver in a motor

vehicle accident. An affidavit of the applicant of the nonexistence of the facts referred to in this subdivision is sufficient evidence of the nonexistence of the facts in the absence of evidence to the contrary in the records of the department.
    (b) Whenever a person to whom proof has been surrendered under subsection (a)(3) applies for an operator's or chauffeur's license or the registration of a motor vehicle within a period of three (3) years from the date the proof of financial responsibility was originally required, the bureau shall reject the application unless the applicant reestablishes the proof for the remainder of the period.
    SECTION 8. IC 9-30-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) In traffic cases, the information and summons shall be in substantially the following form:
In the _________ Court of __________ County
Cause No. _________ Docket No. ___________
Page No. _____
State of Indiana
    SS:    No.___________
County of _______________________________

INFORMATION AND SUMMONS

The undersigned having probable cause to believe and being duly sworn upon his oath says that:
On the ____________ Day of __________, 19 ____ 20 ____ at ____ M
Name ____________________________________________
    Last    First    Middle
Street ________________________________________________
City ______________________ State _____ Zip Code ______
Race ___ Sex ___ Age ___ D.O.B. ______ HT ____ WT _____
Oper. Lic. #_____________ St. ____ Did Unlawfully
Operate Veh. Color _______ Veh. Yr.___ Veh. Make ______
Veh. Lic. Yr. ____ Veh. Lic. St. ____ Veh. Lic. # ______
Upon, (Location) _____________________________________
__________________________________________________
A PUBLIC STREET OR HIGHWAY IN ________________
COUNTY, INDIANA, AND COMMIT, THE OFFENSE OF:
_______________________________________________________
_______________________________________________________
CONTRARY TO THE FORM OF THE ( ) STATE STATUTE
( ) LOCAL ORDINANCE IN SUCH CASE MADE AND PROVIDED.
OFFICER'S SIGNATURE ___________________________
I.D. No. ______________ Div. Dist. _______________________
POLICE AGENCY _______________________________________
Subscribed And Sworn to Before Me
(Deputy Clerk) ______________________________________
This ____________ Day of _________________, 19 _____ 20 ____
COURT APPEARANCE

I PROMISE TO APPEAR IN COURTROOM
__________________________________________________
ADDRESS: ______________________________
ON ______________ THE ________ DAY OF_________, 19 __ 20 ___ AT __ M. OR BE SUBJECT TO ARREST.
SIGNATURE __________________________________________
"YOUR SIGNATURE IS NOT AN ADMISSION OF GUILT"
    The information and summons shall consist of four (4) parts:
        (1) the original copy, printed on white paper, which shall be the abstract of court record for the Indiana bureau of motor vehicles;
        (2) the court copy, printed on white paper;
        (3) the police record, which shall be a copy of the information, printed on pink paper; and
        (4) the summons copy, printed on white stock.
    The reverse sides of the information and abstract of court record shall be substantially as follows, with such additions or deletions as are necessary to adapt the form to the court involved:
RECEIPT #_______________
DATE ___________________
COURT ACTION AND OTHER ORDERS

BAIL $ ___________
REARREST BOND $ _____________ DATE ___________
1. CONTINUANCE TO ___    4. CONTINUANCE TO ____
2. CONTINUANCE TO ___    5. CONTINUANCE TO ____
3. CONTINUANCE TO ___    6. CONTINUANCE TO ____
    Motions    Date    Ruling    Date
1.    ___    ___    ___    ___
2.    ___    ___    ___    ___
3.    ___    ___    ___    ___
4.    ___    ___    ___    ___
PLEA    ( ) GUILTY
    ( ) NOT GUILTY
FINDING    ( ) GUILTY
    ( ) NOT GUILTY
THE COURT THEREFORE, ENTERS

THE FOLLOWING ORDER

FINE $ _________
AMOUNT SUSP. $ _________

        (STATE) $ _____________
COSTS
        (CITY) $ ______________
___________ DAYS IN __________________ DAYS SUSP. __________
( ) RECOMMENDED LICENSE SUSPENDED FOR _______
( ) PROBATIONARY LICENSE AUTHORIZED FOR ONE YEAR PROBATION
__________________________________________________

__________________________________________________

__________________________________________________

__________________________________________________

JUDGE: ______________________________________________
DATE: ______________________________________________
ATTORNEY FOR DEFENDANT _________________
ADDRESS________________________ TELEPHONE _________
WITNESSES

_________________________________________________

_________________________________________________

    The notice, the appearance, the plea of either guilty or not guilty, and the waiver shall be printed on the summons. The trimmed size of the paper and stock on which the form is printed shall be nominally four and one quarter (4 1/4) inches by eight and one quarter (8 1/4) inches.
    (b) In civil traffic cases, the complaint and summons shall be in substantially the following form:
In the ____________________ Court of _______________ County
Cause No. ______________ Docket No. ________________
Page No.__________________________
State of Indiana
    SS:    No._____________
County of ______________________________________
COMPLAINT AND SUMMONS

The undersigned having probable cause to believe and being duly sworn upon his oath says that:
On the ____________ Day of___________, 19 ____ 20 ____ at __ M
Name _________________________________________________
    Last    First    Middle
Street _____________________________________
City ________________________ State _____ Zip Code ________
Race ___ Sex ___ Age __ D.O.B. ________ HT ____ WT ___
Oper. Lic. # ____________ St. ______________ Did Unlawfully
Operate Veh. Color _______ Veh. Yr. ___ Veh. Make _________
Veh. Lic. Yr. ____ Veh. Lic. St. ____ Veh. Lic. # _________
Upon, (Location) _____________________________________
______________________________________________________
A PUBLIC STREET OR HIGHWAY IN ____________________
COUNTY, INDIANA, AND COMMIT, THE OFFENSE OF:
__________________________________________________

__________________________________________________

__________________________________________________

CONTRARY TO THE FORM OF THE ( ) STATE STATUTE
( ) LOCAL ORDINANCE IN SUCH CASE MADE AND PROVIDED.
OFFICER'S SIGNATURE ___________________________
I.D. No. _____________ Div. Dist. _______________________
POLICE AGENCY _________________________________
Subscribed And Sworn to Before Me
(Deputy Clerk) __________________________________________
This ____________ Day of ______________, 19___ 20___
COURT APPEARANCE

I PROMISE TO APPEAR IN ________________________
COURTROOM ___________________________________
ADDRESS: ______________________________________
ON ____________ THE ________ DAY OF ____, 19 __ 20 ___
AT __ M. OR BE SUBJECT TO ARREST.
SIGNATURE _____________________________________
"YOUR SIGNATURE IS NOT AN ADMISSION OF A VIOLATION"
    The complaint and summons shall consist of four (4) parts:
        (1) the original copy, printed on white paper, which shall be the abstract of court record for the Indiana bureau of motor vehicles;
        (2) the court copy, printed on white paper;
        (3) the police record, which shall be a copy of the complaint, printed on pink paper; and
        (4) the summons copy, printed on white stock.
    The reverse sides of the complaint and abstract of court record shall be substantially as follows, with such additions or deletions as are necessary to adapt the form to the court involved:
RECEIPT #_________
DATE ________________
COURT ACTION AND OTHER ORDERS

BAIL $ _______________
REARREST BOND $ _________ DATE _______
1. CONTINUANCE TO ______    4. CONTINUANCE TO ______
2. CONTINUANCE TO ______    5. CONTINUANCE TO ______
3. CONTINUANCE TO ______    6. CONTINUANCE TO ______
    Motions    Date    Ruling    Date
1.    ___    ___    ___    ___
2.    ___    ___    ___    ___
3.    ___    ___    ___    ___
4.    ___    ___    ___    ___
PLEA    ( ) ADMIT
    ( ) DENY
    ( ) NOLO CONTENDERE
FINDING    ( ) JUDGMENT FOR PLAINTIFF
    ( ) JUDGMENT FOR DEFENDANT
THE COURT THEREFORE, ENTERS

THE FOLLOWING ORDER

FINE $ ________
AMOUNT SUSP. $ ________

        (STATE) $ __________
COSTS
        (CITY) $ ___________
( ) RECOMMENDED LICENSE SUSPENDED FOR ________
( ) PROBATIONARY LICENSE AUTHORIZED FOR ONE YEAR PROBATION
______________________________________________

______________________________________________

______________________________________________

______________________________________________

_______________________________________________

JUDGE: _________________________________________
DATE: __________________________________________
ATTORNEY FOR DEFENDANT ____________________
ADDRESS ___________________ TELEPHONE __________
WITNESSES

_______________________________________________

_______________________________________________

    The notice, appearance, plea of either admission, denial, or nolo contendere shall be printed on the summons. The trimmed size of the paper and stock on which the form is printed shall be nominally four and one quarter (4 1/4) inches by eight and one quarter (8 1/4) inches.
    (c) The complaint form shall be used in traffic cases, whether the charge is made by a law enforcement officer or by any other person.
    (d) Each judicial officer or police authority issuing traffic complaints and summons:
        (1) is responsible for the disposition of all the traffic complaints and summons issued under the officer's or authority's authority

of the officer or authority; and
        (2) shall prepare and submit the records and reports relating to the traffic complaints in the manner and at the time prescribed by both the state examiner of the state board of accounts and the bureau.
    SECTION 9. IC 9-30-10-16 , AS AMENDED BY P.L.120-2000, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) A person who operates a motor vehicle:
        (1) while the person's driving privileges are validly suspended under this chapter or IC 9-12-2 (repealed July 1, 1991) and the person knows that the person's driving privileges are suspended; or
        (2) in violation of restrictions imposed under this chapter or IC 9-12-2 (repealed July 1, 1991) and who knows of the existence of the restrictions;
commits a Class D felony.
    (b) Service by the bureau of notice of the suspension or restriction of a person's driving privileges under subsection (a)(1) or (a)(2):
        (1) in compliance with IC 9-30-10-5; section 5 of this chapter; and
        (2) by first class mail to the person at the last address shown for the person in the bureau's records;
establishes a rebuttable presumption that the person knows that the person's driving privileges are suspended or restricted.
    (c) In addition to any criminal penalty, a person who is convicted of a felony under subsection (a) forfeits the privilege of operating a motor vehicle for life. However, if judgment for conviction of a Class A misdemeanor is entered for an offense under subsection (a), the court may order a period of suspension of the convicted person's driving privileges that is in addition to any suspension of driving privileges already imposed upon the person.
    SECTION 10. IC 13-11-2-1.5 , AS ADDED BY P.L.143-2000, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 1.5. "Acute hazardous waste", for purposes of IC 13-22-4-3.1 , has the meaning set forth in IC 13-22-4-3.1(a). 40 CFR Part 261.
    SECTION 11. IC 13-11-2-50.5 , AS ADDED BY P.L.140-2000, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 50.5. "Degradation", for purposes of IC 13-18-3 , has the meaning set forth in IC 13-18-3-2(b). means, with respect to a National Pollutant Discharge Elimination System

permit, the following:
        (1) With respect to an outstanding national resource water, any new or increased discharge of a pollutant or a pollutant parameter, except for a short term, temporary increase.
        (2) With respect to an outstanding state resource water or an exceptional use water, any new or increased discharge of a pollutant or pollutant parameter that results in a significant lowering of water quality for that pollutant or pollutant parameter, unless:
            (A) the activity causing the increased discharge:
                (i) results in an overall improvement in water quality in the outstanding state resource water or exceptional use water; and
                (ii) meets the applicable requirements of 327 IAC 2-1-2(1) and (2) and 327 IAC 2-1.5-4(a) and (b); or
            (B) the person proposing the increased discharge undertakes or funds a water quality improvement project in accordance with IC 13-18-3-2 (l) in the watershed of the outstanding state resource water or exceptional use water that:
                (i) results in an overall improvement in water quality in the outstanding state resource water or exceptional use water; and
                (ii) meets the applicable requirements of 327 IAC 2-1-2(1) and (2) and 327 IAC 2-1.5-4(a) and (b).

    SECTION 12. IC 13-11-2-72.5 , AS ADDED BY P.L.140-2000, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 72.5. "Exceptional use water", for purposes of section 50.5 of this chapter and IC 13-18-3 , has the meaning set forth in IC 13-18-3-2(c). means any water designated as an exceptional use water by the water pollution control board, regardless of when the designation occurred.
    SECTION 13. IC 13-11-2-149.5 , AS ADDED BY P.L.140-2000, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 149.5. "Outstanding national resource water", for purposes of section 50.5 of this chapter and IC 13-18-3 , has the meaning set forth in IC 13-18-3-2(d). means a water designated as such by the general assembly after recommendations by the water pollution control board and the environmental quality service council under IC 13-18-3-2 (o) and IC 13-18-3-2 (p). The designation must describe the quality of the outstanding national resource water to serve as the benchmark of the water quality that shall be

maintained and protected. Waters that may be considered for designation as outstanding national resource waters include water bodies that are recognized as:
        (1) important because of protection through official action, such as:
            (A) federal or state law;
            (B) presidential or secretarial action;
            (C) international treaty; or
            (D) interstate compact;
        (2) having exceptional recreational significance;
        (3) having exceptional ecological significance;
        (4) having other special environmental, recreational, or ecological attributes; or
        (5) waters with respect to which designation as an outstanding national resource water is reasonably necessary for protection of other water bodies designated as outstanding national resource waters.

    SECTION 14. IC 13-11-2-149.6 , AS ADDED BY P.L.140-2000, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 149.6. "Outstanding state resource water", for purposes of section 50.5 of this chapter and IC 13-18-3 , has the meaning set forth in IC 13-18-3-2(e). means any water designated as such by the water pollution control board regardless of when the designation occurred or occurs. Waters that may be considered for designation as outstanding state resource waters include water bodies that have unique or special ecological, recreational, or aesthetic significance.
    SECTION 15. IC 13-11-2-237.5 , AS ADDED BY P.L.132-2000, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 237.5. "Transient noncommunity water system", for purposes of IC 13-18-11 , has the meaning set forth in IC 13-18-11-1(a). means a noncommunity water system that does not regularly serve at least twenty-five (25) of the same persons over six (6) months per year.
    SECTION 16. IC 13-18-3-2 , AS AMENDED BY P.L.140-2000, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The board may adopt rules under IC 4-22-2 that are necessary to the implementation of:
        (1) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as in effect January 1, 1988; and
        (2) the federal Safe Drinking Water Act (42 U.S.C. 300f through 300j), as in effect January 1, 1988;


except as provided in IC 14-37.
    (b) "Degradation" means, with respect to a National Pollutant Discharge Elimination System permit, the following:
        (1) With respect to an outstanding national resource water, any new or increased discharge of a pollutant or a pollutant parameter, except for a short term, temporary increase.
        (2) With respect to an outstanding state resource water or an exceptional use water, any new or increased discharge of a pollutant or pollutant parameter that results in a significant lowering of water quality for that pollutant or pollutant parameter, unless:
            (A) the activity causing the increased discharge:
                (i) results in an overall improvement in water quality in the outstanding state resource water or exceptional use water; and
                (ii) meets the applicable requirements of 327 IAC 2-1-2(1) and (2) and 327 IAC 2-1.5-4(a) and (b); or
            (B) the person proposing the increased discharge undertakes or funds a water quality improvement project in accordance with subsection (l) in the watershed of the outstanding state resource water or exceptional use water that:
                (i) results in an overall improvement in water quality in the outstanding state resource water or exceptional use water; and
                (ii) meets the applicable requirements of 327 IAC 2-1-2(1) and (2) and 327 IAC 2-1.5-4(a) and (b). has the meaning set forth in IC 13-11-2-50.5.
    (c) "Exceptional use water" means any water designated as an exceptional use water by the board, regardless of when the designation occurred. has the meaning set forth in IC 13-11-2-72.5.
    (d) "Outstanding national resource water" means a water designated as such by the general assembly after recommendations by the board and the environmental quality service council under subsections (o) and (p). The designation must describe the quality of the outstanding national resource water to serve as the benchmark of the water quality that shall be maintained and protected. Waters that may be considered for designation as outstanding national resource waters include water bodies that are recognized as:
        (1) important because of protection through official action, such as:
            (A) federal or state law;
            (B) presidential or secretarial action;
            (C) international treaty; or
            (D) interstate compact;
        (2) having exceptional recreational significance;
        (3) having exceptional ecological significance;
        (4) having other special environmental, recreational, or ecological attributes; or
        (5) waters with respect to which designation as an outstanding national resource water is reasonably necessary for protection of other water bodies designated as outstanding national resource waters. has the meaning set forth in 13-11-2-149.5.
    (e) "Outstanding state resource water" means any water designated as such by the board regardless of when the designation occurred or occurs. Waters that may be considered for designation as outstanding state resource waters include water bodies that have unique or special ecological, recreational, or aesthetic significance. has the meaning set forth in IC 13-11-2-149.6.
    (f) "Watershed" has the meaning set forth in IC 14-8-2-310.
    (g) The board may designate a water body as an outstanding state resource water by rule if the board determines that the water body has a unique or special ecological, recreational, or aesthetic significance.
    (h) Before the board may adopt a rule designating a water body as an outstanding state resource water, the board must consider the following:
        (1) Economic impact analyses, presented by any interested party, taking into account future population and economic development growth.
        (2) The biological criteria scores for the water body, using factors that consider fish communities, macro invertebrate communities, and chemical quality criteria using representative biological data from the water body under consideration.
        (3) The level of current urban and agricultural development in the watershed.
        (4) Whether the designation of the water body as an outstanding state resource water will have a significant adverse effect on future population, development, and economic growth in the watershed, if the water body is in a watershed that has more than three percent (3%) of its land in urban land uses or serves a municipality with a population greater than five thousand (5,000).
        (5) Whether the designation of the water body as an outstanding state resource water is necessary to protect the unique or special ecological, recreational, or aesthetic significance of the water body.
    (i) Before the board may adopt a rule designating a water body as an outstanding state resource water, the board must make available to the public a written summary of the information considered by the board under subsections (g) and (h), including the board's conclusions concerning that information.
    (j) The commissioner shall present a summary of the comments received from the comment period and information that supports a water body designation as an outstanding state resource water to the environmental quality service council not later than one hundred twenty (120) days after the rule regarding the designation is finally adopted by the board.
    (k) Notwithstanding any other provision of this section, the designation of an outstanding state resource water in effect on January 1, 2000, remains in effect.
    (l) For a water body designated as an outstanding state resource water, the board shall provide by rule procedures that will:
        (1) prevent degradation; and
        (2) allow for increases and additions in pollutant loadings from an existing or new discharge if:
            (A) there will be an overall improvement in water quality for the outstanding state resource water as described in this section; and
            (B) the applicable requirements of 327 IAC 2-1-2(1) and 327 IAC 2-1-2(2) and 327 IAC 2-1.5-4(a) and 327 2-1.5-4(b) are met.
    (m) The procedures provided by rule under subsection (l) must include the following:
        (1) A definition of significant lowering of water quality that includes a de minimis quantity of additional pollutant load:
            (A) for which a new or increased permit limit is required; and
            (B) below which antidegradation implementation procedures do not apply.
        (2) Provisions allowing the permittee to choose application of one (1) of the following for each activity undertaken by the permittee that will result in a significant lowering of water quality in the outstanding state resource water or exceptional use water:
            (A) Implementation of a water quality project in the watershed of the outstanding state resource water or the exceptional use water that will result in an overall improvement of the water quality of the outstanding state resource water or the exceptional use water.
            (B) Payment of a fee, not to exceed five hundred thousand

dollars ($500,000) based on the type and quantity of increased pollutant loadings, to the department for deposit in the outstanding state resource water improvement fund established under section 14 of this chapter.
        (3) Criteria for the submission and timely approval of projects described in subdivision (2)(A).
        (4) A process for public input in the approval process.
        (5) Use of water quality data that is less than seven (7) years old and specific to the outstanding state resource water.
        (6) Criteria for using the watershed improvement fees to fund projects in the watershed that result in improvement in water quality in the outstanding state resource water or exceptional use water.
    (n) For a water body designated as an outstanding state resource water after June 30, 2000, the board shall provide by rule antidegradation implementation procedures before the water body is designated in accordance with this section.
    (o) A water body may be designated as an outstanding national resource water only by the general assembly after recommendations for designation are made by the board and the environmental quality service council.
    (p) Before recommending the designation of an outstanding national resource water, the department shall provide for an adequate public notice and comment period regarding the designation. The commissioner shall present a summary of the comments and information received during the comment period and the department's recommendation concerning designation to the environmental quality service council not later than ninety (90) days after the end of the comment period. The council shall consider the comments, information, and recommendation received from the department, and shall convey its recommendation concerning designation to the general assembly within six (6) months after receipt.
    SECTION 17. IC 13-18-3-2.4 , AS ADDED BY P.L.140-2000, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.4. (a) A permit holder shall review the feasibility of implementing additional or new control alternatives to attain water quality standards, including standards suspended under section 2.5 of this chapter. The permit holder shall conduct such a review periodically, but not less than every five (5) years after approval of the long term control plan by the department. The permit holder shall:
        (1) document to the department that the long term control plan

has been reviewed;
        (2) update the long term control plan as necessary;
        (3) submit any amendments to the long term control plan to the department for approval; and
        (4) implement control alternatives determined to be cost effective.
Cost effectiveness may be determined, at the option of the permit holder, by using a knee of the curve analysis.
    SECTION 18. IC 13-18-11-1 , AS AMENDED BY P.L.132-2000, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) As used in this chapter, "transient noncommunity water system" means a noncommunity water system that does not regularly serve at least twenty-five (25) of the same persons over six (6) months per year. has the meaning set forth in IC 13-11-2-237.5.
    (b) The commissioner may determine that this chapter does not apply to a transient noncommunity water system.
    SECTION 19. IC 13-20-1-1 , AS AMENDED BY P.L.138-2000, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter does not apply to an individual, a corporation, a partnership, or a business association that in its regular business activity:
        (1) produces solid or industrial waste as a byproduct of or incidental to its regular business activity; and
        (2) disposes of the solid or industrial waste at a site that meets the following conditions that is:
            (A) owned by the individual, corporation, partnership, or business association; and
            (B) limited to use by that individual, corporation, partnership, or business association for the disposal of solid or industrial waste produced by:
                (i) that individual, corporation, partnership, or business association; or
                (ii) a subsidiary of an entity referred to in item (i).
    SECTION 20. IC 13-22-4-3.1 , AS ADDED BY P.L.143-2000, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 3.1. (a) As used in this section, "acute hazardous waste" has the meaning set forth in 40 CFR Part 261. IC 13-11-2-1.5.
    (b) A person that:
        (1) in any one (1) or more calendar months of a calendar year generates:
            (A) more than one hundred (100) kilograms but less than one

thousand (1,000) kilograms of hazardous waste;
            (B) less than one (1) kilogram of acute hazardous waste; or
            (C) less than one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or
        (2) accumulates at least one thousand (1,000) kilograms of hazardous waste or less than one (1) kilogram of acute hazardous waste;
shall, before March 1 of each year, submit to the department on forms provided by the department a report, containing no more than a compilation of information from the Uniform Hazardous Waste Manifest form described in section 1(a) of this chapter, that summarizes the person's hazardous waste shipments during the previous calendar year.
    (c) A person that:
        (1) in any one (1) or more calendar months of a calendar year generates:
            (A) more than one thousand (1,000) kilograms of hazardous waste;
            (B) at least one (1) kilogram of acute hazardous waste; or
            (C) at least one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste;
        (2) accumulates at least six thousand (6,000) kilograms of hazardous waste or at least one (1) kilogram of acute hazardous waste; or
        (3) is a treatment, storage, or disposal facility;
shall, before March 1 of each year, submit to the department either the biennial report required by the United States Environmental Protection Agency concerning the person's waste activities during the previous calendar year, or an annual report on forms provided by the department, containing no more than a compilation of information from the Uniform Hazardous Waste Manifest form described in section 1(a) of this chapter, that summarizes the person's hazardous waste shipments during the previous calendar year.
    SECTION 21. IC 13-22-10-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 23. (a) A:
        (1) certificate of environmental compatibility granted under:
            (A) IC 13-7-8.6 (before its repeal); or
            (B) this chapter (before the expiration of the sections of this chapter authorizing the hazardous waste facility site approval authority to grant certificates of environmental compatibility);
        preempts any local government zoning or other land use

regulations, laws, or ordinances; and
        (2) person obtaining the certificate of environmental compatibility is not required to apply for approval by:
            (A) a regional;
            (B) a county; or
            (C) a municipal;
        zoning board or authority.
    (b) Local government may not prohibit or unduly restrict:
        (1) the transportation of hazardous waste or low level radioactive waste through the local government's area of jurisdiction that is en route to a facility; or
        (2) the:
            (A) treatment;
            (B) storage; or
            (C) disposal;
        of hazardous waste or low level radioactive waste at a facility within the jurisdiction of the local government.
    SECTION 22. IC 13-26-2-6 , AS AMENDED BY P.L.106-2000, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) Except as provided in section 9 of this chapter, the hearing officer shall fix a time and place inside or within ten (10) miles of the proposed district for the hearing on any matter for which a hearing is authorized under this chapter.
    (b) The hearing officer shall make a reasonable effort to provide notice of the hearing as follows:
        (1) By publication of notice two (2) times each week for two (2) consecutive weeks in at least two (2) newspapers of general circulation in each of the counties, in whole or in part, in the district. The publication of notice must, at a minimum, include a legal notice and a prominently displayed three (3) inches by five (5) inches advertisement.
        (2) By certified mail, return receipt requested, mailed at least two (2) weeks before the hearing to the following:
            (A) The fiscal and executive bodies of each county with territory in the proposed district.
            (B) The executive of all other eligible entities with territory in the proposed district.
            (C) The state and any of its agencies owning, controlling, or leasing land within the proposed district, excluding highways and public thoroughfares owned or controlled by the Indiana department of transportation.
            (D) Each sewage disposal company holding a certificate of

territorial authority under IC 8-1-2-89 respecting territory in the proposed district.
        (3) By making a reasonable effort to provide notice of the hearing by regular United States mail, postage prepaid, mailed at least two (2) weeks before the hearing to each freeholder within the proposed district.
        (4) By including the date on which the hearing is to be held and a brief description of:
            (A) the subject of the petition, including a description of the general boundaries of the area to be included in the proposed district; and
            (B) the locations where copies of the petition are available for viewing.
    SECTION 23. IC 14-22-12-1 , AS AMENDED BY P.L.14-2000, SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. The department may issue the following licenses and shall charge the following license fees to hunt, trap, or fish in Indiana:
        (1) A resident yearly license to fish, eight dollars and seventy-five cents ($8.75).
        (2) A resident yearly license to hunt, eight dollars and seventy-five cents ($8.75).
        (3) A resident yearly license to hunt and fish, thirteen dollars and seventy-five cents ($13.75).
        (4) A resident yearly license to trap, eight dollars and seventy-five cents ($8.75).
        (5) A nonresident yearly license to fish, twenty-four dollars and seventy-five cents ($24.75).
        (6) A nonresident yearly license to hunt, sixty dollars and seventy-five cents ($60.75).
        (7) A nonresident yearly license to trap, one hundred seventeen dollars and seventy-five cents ($117.75). However, a license may not be issued to a resident of another state if that state does not give reciprocity rights to Indiana residents similar to those nonresident trapping privileges extended in Indiana.
        (8) A resident or nonresident license to fish, including for trout and salmon, for one (1) day only, four dollars and seventy-five cents ($4.75).
        (9) A nonresident license to fish, excluding for trout and salmon, for seven (7) days only, twelve dollars and seventy-five cents ($12.75).
        (10) A nonresident license to hunt for five (5) consecutive days

only, twenty-five dollars and seventy-five cents ($25.75).
        (11) A resident or nonresident yearly stamp to fish for trout and salmon, six dollars and seventy-five cents ($6.75).
        (12) A resident yearly license to take a deer with a shotgun, muzzle loading gun, or handgun, thirteen dollars and seventy-five cents ($13.75).
        (13) A resident yearly license to take a deer with a muzzle loading gun, thirteen dollars and seventy-five cents ($13.75).
        (14) A resident yearly license to take a deer with a bow and arrow, thirteen dollars and seventy-five cents ($13.75).
        (15) A nonresident yearly license to take a deer with a shotgun, muzzle loading gun, or handgun, one hundred twenty dollars and seventy-five cents ($120.75).
        (16) A nonresident yearly license to take a deer with a muzzle loading gun, one hundred twenty dollars and seventy-five cents ($120.75).
        (17) A nonresident yearly license to take a deer with a bow and arrow, one hundred twenty dollars and seventy-five cents ($120.75).
        (18) A resident license to take an extra deer by a means, in a location, and under conditions established by rule adopted by the department under IC 4-22-2 , thirteen dollars and seventy-five cents ($13.75).
        (19) A nonresident license to take an extra deer by a means, in a location, and under conditions established by rule adopted by the department under IC 4-22-2 , one hundred twenty dollars and seventy-five cents ($120.75).
        (20) A resident yearly license to take a turkey, fourteen dollars and seventy-five cents ($14.75).
        (21) A nonresident yearly license to take a turkey, one hundred fourteen dollars and seventy-five cents ($114.75). However, if the state of residence of the nonresident applicant requires that before a resident of Indiana may take turkey in that state the resident of Indiana must also purchase another license in addition to a nonresident license to take turkey, the applicant must also purchase a nonresident yearly license to hunt under this section.
        (22) If a fall wild turkey season is established, a resident license to take an extra turkey by a means, in a location, and under conditions established by rule adopted by the department under IC 4-22-2 , fourteen dollars and seventy-five cents ($14.75).
        (23) If a fall wild turkey season is established, a nonresident

license to take an extra turkey by a means, in a location, and under conditions established by rule adopted by the department under IC 4-22-2 , one hundred fourteen dollars and seventy-five cents ($114.75). However, if the state of residence of the nonresident applicant requires that before a resident of Indiana may take turkey in that state the resident of Indiana must also purchase another license in addition to a nonresident license to take turkey, the applicant must also purchase a nonresident yearly license to hunt under this section.
        (22) (24) A resident youth yearly consolidated license to hunt, six dollars ($6). This license is subject to the following:
            (A) An applicant must be less than eighteen (18) years of age.
            (B) The license is in lieu of the resident yearly license to hunt and all other yearly licenses, stamps, or permits to hunt for a specific species or by a specific means.
    SECTION 24. IC 20-12-21.2-9 , AS AMENDED BY P.L.57-2000, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9. Notwithstanding IC 26-1-9-302(1)(a), IC 26-1-9.1-310 (a), a security interest in education loans is perfected by:
        (1) possession under IC 26-1-9-305; IC 26-1-9.1-313 ; or
        (2) filing a financing statement in the office of the secretary of state under IC 26-1-9.1-501.
    SECTION 25. IC 21-1-30-3 , AS AMENDED BY P.L.3-2000, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The amount to be distributed to a school corporation under this chapter is the amount determined by the following formula:
        STEP ONE: Determine the applicable target pupil teacher ratio for the school corporation as follows:
            (A) If the school corporation's at-risk index is less than seventeen hundredths (0.17), the school corporation's target pupil teacher ratio is eighteen to one (18:1).
            (B) If the school corporation's at-risk index is at least seventeen hundredths (0.17) but less than twenty-seven hundredths (0.27), the school corporation's target pupil teacher ratio is fifteen (15) plus the result of: determined in item (iii):
                (i) Determine the result of twenty-seven hundredths (0.27) minus the school corporation's at-risk index.
                (ii) Determine the item (i) result divided by one-tenth (0.1). and


                (iii) Determine the item (ii) result multiplied by three (3).
            (C) If the school corporation's at-risk index is at least twenty-seven hundredths (0.27), the school corporation's target pupil teacher ratio is fifteen to one (15:1).
        STEP TWO: Determine the result of:
            (A) the ADM of the school corporation, as determined under section 2(2) of this chapter, in kindergarten through grade 3 for the current school year; divided by
            (B) the school corporation's target pupil teacher ratio, as determined in STEP ONE.
        STEP THREE: Determine the result of:
            (A) the total regular general fund revenue (the amount determined in STEP ONE of IC 21-3-1.7-8 ) multiplied by seventy-five hundredths (0.75); divided by
            (B) the school corporation's total ADM.
        STEP FOUR: Determine the result of:
            (A) the STEP THREE result; multiplied by
            (B) the ADM of the school corporation, as determined under section 2(2) of this chapter in kindergarten through grade 3 for the current school year.
        STEP FIVE: Determine the result of:
            (A) the STEP FOUR result; divided by
            (B) the staff cost amount.
        STEP SIX: Determine the greater of zero (0) or the result of:
            (A) the STEP TWO amount; minus
            (B) the STEP FIVE amount.
        STEP SEVEN: Determine the result of:
            (A) the STEP SIX amount; multiplied by
            (B) the staff cost amount.
        STEP EIGHT: Determine the greater of the STEP SEVEN amount or the school corporation's guaranteed amount.
        STEP NINE: Determine the lesser of the STEP EIGHT amount or the amount the school corporation received under this chapter for the previous calendar year multiplied by one hundred thirteen percent (113%). For 2000 calculations, the amount the school corporation received under this chapter for the previous calendar year is the 1999 calendar year allocation, before any penalty was assessed under this chapter.
    (b) The amount received under this chapter shall be devoted to reducing class size in kindergarten through grade 3. A school corporation shall compile class size data for kindergarten through grade 3 and report the data to the department of education for purposes of

maintaining compliance with this chapter.
    SECTION 26. IC 21-2-11.5-2 , AS AMENDED BY P.L.96-2000, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) Each calendar year, the governing body of each school corporation shall establish a school transportation fund which shall be the exclusive fund used by the school corporation for the payment of costs attributable to transportation listed in subdivisions (1) through (7), as authorized under IC 20, of school children during the school year ending in the calendar year:
        (1) The salaries paid bus drivers, transportation supervisors, mechanics and garage employees, clerks, and other transportation-related employees.
        (2) Contracted transportation service, other than costs payable from the school bus replacement account fund under subsection (e).
        (3) Wages of independent contractors.
        (4) Contracts with common carriers.
        (5) Pupil fares.
        (6) Transportation-related insurance.
        (7) Other expenses of operating the school corporation's transportation service, including gasoline, lubricants, tires, repairs, contracted repairs, parts, supplies, equipment, and other related expenses.
    (b) The governing body of each school corporation shall establish a school bus replacement fund. The school bus replacement fund shall be the exclusive fund used to pay the following costs attributable to transportation:
        (1) Amounts paid for the replacement of school buses, either through a purchase agreement or under a lease agreement.
        (2) The costs of contracted transportation service payable from the school bus replacement account fund under subsection (e).
    (c) Beginning January 1, 1996, portions, percentages, or parts of salaries of teaching personnel or principals are not attributable to transportation. However, parts of salaries of instructional aides who are assigned to assist with the school transportation program are attributable to transportation. The costs described in this subsection (other than instructional aide costs) may not be budgeted for payment or paid from the school transportation fund.
    (d) Costs for a calendar year are those costs attributable to transportation for school children during the school year ending in the calendar year.
    (e) Before the last Thursday in August in the year preceding the first

school year in which a proposed contract commences, the governing body of a school corporation may elect to designate a portion of a transportation contract (as defined in IC 20-9.1-1-8 ), fleet contract (as defined in IC 20-9.1-1-8.2 ), or common carrier contract (as defined in IC 20-9.1-1-9 ) as an expenditure payable from the school bus replacement fund. An election under this section must be made in a transportation plan approved by the state board of tax commissioners under section 3.1 of this chapter. The election applies throughout the term of the contract. The amount that may be paid from the school bus replacement fund in a school year is equal to the fair market lease value in the school year of each school bus, school bus chassis, or school bus body used under the contract, as substantiated by invoices, depreciation schedules, and other documented information available to the school corporation. The allocation of costs under this subsection to the school bus replacement fund must comply with the allocation guidelines adopted by the state board of tax commissioners and the accounting standards prescribed by the state board of accounts.
    SECTION 27. IC 21-2-11.5-3.1 , AS AMENDED BY P.L.96-2000, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.1. (a) Before a governing body may collect property taxes for the school bus replacement fund in a particular calendar year, the governing body must, after January 1 and not later than September 20 of the immediately preceding year:
        (1) conduct a public hearing on; and
        (2) pass a resolution to adopt;
a plan under this section.
    (b) The state board of tax commissioners shall prescribe the format of the plan. A plan must apply to at least the ten (10) budget years immediately following the year the plan is adopted. A plan must at least include the following:
        (1) An estimate for each year to which it applies of the nature and amount of proposed expenditures from the transportation fund's school bus replacement account. fund.
        (2) A presumption that the minimum useful life of a school bus is not less than ten (10) years.
        (3) An identification of:
            (A) the source of all revenue to be dedicated to the proposed expenditures in the upcoming budget year; and
            (B) the amount of property taxes to be collected in that year and the unexpended balance to be retained in the fund for expenditures proposed for a later year.
        (4) If the school corporation is seeking to:


            (A) acquire; or
            (B) contract for transportation services that will provide;
        additional school buses or school buses with a larger seating capacity as compared to the number and type of school buses from the prior school year, evidence of a demand for increased transportation services within the school corporation. Clause (B) does not apply if contracted transportation services are not paid from the school bus replacement fund.
        (5) If the school corporation is seeking to:
            (A) replace an existing school bus earlier than ten (10) years after the existing school bus was originally acquired; or
            (B) require a contractor to replace a school bus;
        evidence that the need exists for the replacement of the school bus. Clause (B) does not apply if contracted transportation services are not paid from the school bus replacement fund.
        (6) Evidence that the school corporation that seeks to acquire additional school buses under this section is acquiring or contracting for the school buses only for the purposes specified in subdivision (4) or for replacement purposes.
    (c) After reviewing the plan, the state board of tax commissioners shall certify its approval, disapproval, or modification of the plan to the governing body and the auditor of the county. The state board of tax commissioners may seek the recommendation of the school property tax control board with respect to this determination. The action of the state board of tax commissioners with respect to the plan is final.
    (d) The state board of tax commissioners may approve appropriations from the transportation fund's school bus replacement fund only if the appropriations conform to a plan that has been adopted in compliance with this section.
    (e) A governing body may amend a plan adopted under this section. When an amendment to a plan is required, the governing body must declare the nature of and the need for the amendment and must show cause as to why the original plan no longer meets the transportation needs of the school corporation. The governing body must then conduct a public hearing on and pass a resolution to adopt the amendment to the plan. The plan, as proposed to be amended, must comply with the requirements for a plan under subsection (b). This amendment to the plan is not subject to the deadline for adoption described in subsection (a). However, the amendment to the plan must be submitted to the state board of tax commissioners for its consideration and is subject to approval, disapproval, or modification in accordance with the procedures for adopting a plan set forth in this section.
    (f) If a public hearing is scheduled under this section, the governing body shall publish a notice of the public hearing and the proposed plan or amendment to the plan in accordance with IC 5-3-1-2 (b).
    SECTION 28. IC 22-3-7-16 , AS AMENDED BY P.L.31-2000, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) Compensation shall be allowed on account of disablement from occupational disease resulting in only temporary total disability to work or temporary partial disability to work beginning with the eighth day of such disability except for the medical benefits provided for in section 17 of this chapter. Compensation shall be allowed for the first seven (7) calendar days only as provided in this section. The first weekly installment of compensation for temporary disability is due fourteen (14) days after the disability begins. Not later than fifteen (15) days from the date that the first installment of compensation is due, the employer or the employer's insurance carrier shall tender to the employee or to the employee's dependents, with all compensation due, a properly prepared compensation agreement in a form prescribed by the board. Whenever an employer or the employer's insurance carrier denies or is not able to determine liability to pay compensation or benefits, the employer or the employer's insurance carrier shall notify the worker's compensation board and the employee in writing on a form prescribed by the worker's compensation board not later than thirty (30) days after the employer's knowledge of the claimed disablement. If a determination of liability cannot be made within thirty (30) days, the worker's compensation board may approve an additional thirty (30) days upon a written request of the employer or the employer's insurance carrier that sets forth the reasons that the determination could not be made within thirty (30) days and states the facts or circumstances that are necessary to determine liability within the additional thirty (30) days. More than thirty (30) days of additional time may be approved by the worker's compensation board upon the filing of a petition by the employer or the employer's insurance carrier that sets forth:
        (1) the extraordinary circumstances that have precluded a determination of liability within the initial sixty (60) days;
        (2) the status of the investigation on the date the petition is filed;
        (3) the facts or circumstances that are necessary to make a determination; and
        (4) a timetable for the completion of the remaining investigation.
An employer who fails to comply with this section is subject to a civil penalty of fifty dollars ($50), to be assessed and collected by the board upon notice and hearing. Civil penalties collected under this section

shall be deposited in the state general fund.
    (b) Once begun, temporary total disability benefits may not be terminated by the employer unless:
        (1) the employee has returned to work;
        (2) the employee has died;
        (3) the employee has refused to undergo a medical examination under section 20 of this chapter;
        (4) the employee has received five hundred (500) weeks of temporary total disability benefits or has been paid the maximum compensation allowable under section 19 of this chapter; or
        (5) the employee is unable or unavailable to work for reasons unrelated to the compensable disease.
In all other cases the employer must notify the employee in writing of the employer's intent to terminate the payment of temporary total disability benefits, and of the availability of employment, if any, on a form approved by the board. If the employee disagrees with the proposed termination, the employee must give written notice of disagreement to the board and the employer within seven (7) days after receipt of the notice of intent to terminate benefits. If the board and employer do not receive a notice of disagreement under this section, the employee's temporary total disability benefits shall be terminated. Upon receipt of the notice of disagreement, the board shall immediately contact the parties, which may be by telephone or other means and attempt to resolve the disagreement. If the board is unable to resolve the disagreement within ten (10) days of receipt of the notice of disagreement, the board shall immediately arrange for an evaluation of the employee by an independent medical examiner. The independent medical examiner shall be selected by mutual agreement of the parties or, if the parties are unable to agree, appointed by the board under IC 22-3-4-11. If the independent medical examiner determines that the employee is no longer temporarily disabled or is still temporarily disabled but can return to employment that the employer has made available to the employee, or if the employee fails or refuses to appear for examination by the independent medical examiner, temporary total disability benefits may be terminated. If either party disagrees with the opinion of the independent medical examiner, the party shall apply to the board for a hearing under section 27 of this chapter.
    (c) An employer is not required to continue the payment of temporary total disability benefits for more than fourteen (14) days after the employer's proposed termination date unless the independent medical examiner determines that the employee is temporarily disabled and unable to return to any employment that the employer has made

available to the employee.
    (d) If it is determined that as a result of this section temporary total disability benefits were overpaid, the overpayment shall be deducted from any benefits due the employee under this section and, if there are no benefits due the employee or the benefits due the employee do not equal the amount of the overpayment, the employee shall be responsible for paying any overpayment which cannot be deducted from benefits due the employee.
    (e) For disablements occurring on and after April 1, 1951, and prior to July 1, 1971, from occupational disease resulting in temporary total disability for any work there shall be paid to the disabled employee during such temporary total disability a weekly compensation equal to sixty percent (60%) of the employee's average weekly wages for a period not to exceed five hundred (500) weeks. Compensation shall be allowed for the first seven (7) calendar days only if the disability continues for longer than twenty-eight (28) days.
    For disablements occurring on and after July 1, 1971, and prior to July 1, 1974, from occupational disease resulting in temporary total disability for any work there shall be paid to the disabled employee during such temporary total disability a weekly compensation equal to sixty percent (60%) of the employee's average weekly wages, as defined in section 19 of this chapter, for a period not to exceed five hundred (500) weeks. Compensation shall be allowed for the first seven (7) calendar days only if the disability continues for longer than twenty-eight (28) days.
    For disablements occurring on and after July 1, 1974, and before July 1, 1976, from occupational disease resulting in temporary total disability for any work there shall be paid to the disabled employee during such temporary total disability a weekly compensation equal to sixty-six and two-thirds percent (66 2/3%) of the employee's average weekly wages, up to one hundred thirty-five dollars ($135) average weekly wages, as defined in section 19 of this chapter, for a period not to exceed five hundred (500) weeks. Compensation shall be allowed for the first seven (7) calendar days only if the disability continues for longer than twenty-one (21) days.
    For disablements occurring on and after July 1, 1976, from occupational disease resulting in temporary total disability for any work there shall be paid to the disabled employee during the temporary total disability weekly compensation equal to sixty-six and two-thirds percent (66 2/3%) of the employee's average weekly wages, as defined in section 19 of this chapter, for a period not to exceed five hundred (500) weeks. Compensation shall be allowed for the first seven (7)

calendar days only if the disability continues for longer than twenty-one (21) days.
    (f) For disablements occurring on and after April 1, 1951, and prior to July 1, 1971, from occupational disease resulting in temporary partial disability for work there shall be paid to the disabled employee during such disability a weekly compensation equal to sixty percent (60%) of the difference between the employee's average weekly wages and the weekly wages at which the employee is actually employed after the disablement, for a period not to exceed three hundred (300) weeks. Compensation shall be allowed for the first seven (7) calendar days only if the disability continues for longer than twenty-eight (28) days. In case of partial disability after the period of temporary total disability, the later period shall be included as part of the maximum period allowed for partial disability.
    For disablements occurring on and after July 1, 1971, and prior to July 1, 1974, from occupational disease resulting in temporary partial disability for work there shall be paid to the disabled employee during such disability a weekly compensation equal to sixty percent (60%) of the difference between the employee's average weekly wages, as defined in section 19 of this chapter, and the weekly wages at which the employee is actually employed after the disablement, for a period not to exceed three hundred (300) weeks. Compensation shall be allowed for the first seven (7) calendar days only if the disability continues for longer than twenty-eight (28) days. In case of partial disability after the period of temporary total disability, the latter period shall be included as a part of the maximum period allowed for partial disability.
    For disablements occurring on and after July 1, 1974, from occupational disease resulting in temporary partial disability for work there shall be paid to the disabled employee during such disability a weekly compensation equal to sixty-six and two-thirds percent (66 2/3%) of the difference between the employee's average weekly wages, as defined in section 19 of this chapter, and the weekly wages at which he is actually employed after the disablement, for a period not to exceed three hundred (300) weeks. Compensation shall be allowed for the first seven (7) calendar days only if the disability continues for longer than twenty-one (21) days. In case of partial disability after the period of temporary total disability, the latter period shall be included as a part of the maximum period allowed for partial disability.
    (g) For disabilities occurring on and after April 1, 1951, and prior to April 1, 1955, from occupational disease in the following schedule, the employee shall receive in lieu of all other compensation, on account of such disabilities, a weekly compensation of sixty percent (60%) of

the employee's average weekly wage; for disabilities occurring on and after April 1, 1955, and prior to July 1, 1971, from occupational disease in the following schedule, the employee shall receive in addition to disability benefits not exceeding twenty-six (26) weeks on account of said occupational disease a weekly compensation of sixty percent (60%) of the employee's average weekly wages.
    For disabilities occurring on and after July 1, 1971, and before July 1, 1977, from occupational disease in the following schedule, the employee shall receive in addition to disability benefits not exceeding twenty-six (26) weeks on account of said occupational disease a weekly compensation of sixty percent (60%) of his average weekly wages not to exceed one hundred dollars ($100) average weekly wages, for the period stated for such disabilities respectively.
    For disabilities occurring on and after July 1, 1977, and before July 1, 1979, from occupational disease in the following schedule, the employee shall receive in addition to disability benefits not exceeding twenty-six (26) weeks on account of the occupational disease a weekly compensation of sixty percent (60%) of the employee's average weekly wages, not to exceed one hundred twenty-five dollars ($125) average weekly wages, for the period stated for the disabilities.
    For disabilities occurring on and after July 1, 1979, and before July 1, 1988, from occupational disease in the following schedule, the employee shall receive in addition to disability benefits, not exceeding fifty-two (52) weeks on account of the occupational disease, a weekly compensation of sixty percent (60%) of the employee's average weekly wages, not to exceed one hundred twenty-five dollars ($125) average weekly wages, for the period stated for the disabilities.
    For disabilities occurring on and after July 1, 1988, and before July 1, 1989, from occupational disease in the following schedule, the employee shall receive in addition to disability benefits, not exceeding seventy-eight (78) weeks on account of the occupational disease, a weekly compensation of sixty percent (60%) of the employee's average weekly wages, not to exceed one hundred sixty-six dollars ($166) average weekly wages, for the period stated for the disabilities.
    For disabilities occurring on and after July 1, 1989, and before July 1, 1990, from occupational disease in the following schedule, the employee shall receive in addition to disability benefits, not exceeding seventy-eight (78) weeks on account of the occupational disease, a weekly compensation of sixty percent (60%) of the employee's average weekly wages, not to exceed one hundred eighty-three dollars ($183) average weekly wages, for the period stated for the disabilities.
    For disabilities occurring on and after July 1, 1990, and before July

1, 1991, from occupational disease in the following schedule, the employee shall receive in addition to disability benefits, not exceeding seventy-eight (78) weeks on account of the occupational disease, a weekly compensation of sixty percent (60%) of the employee's average weekly wages, not to exceed two hundred dollars ($200) average weekly wages, for the period stated for the disabilities.
        (1) Amputations: For the loss by separation, of the thumb, sixty (60) weeks; of the index finger, forty (40) weeks; of the second finger, thirty-five (35) weeks; of the third or ring finger, thirty (30) weeks; of the fourth or little finger, twenty (20) weeks; of the hand by separation below the elbow, two hundred (200) weeks; of the arm above the elbow joint, two hundred fifty (250) weeks; of the big toe, sixty (60) weeks; of the second toe, thirty (30) weeks; of the third toe, twenty (20) weeks; of the fourth toe, fifteen (15) weeks; of the fifth or little toe, ten (10) weeks; of the foot below the knee joint, one hundred fifty (150) weeks; and of the leg above the knee joint, two hundred (200) weeks. The loss of more than one (1) phalange of a thumb or toe shall be considered as the loss of the entire thumb or toe. The loss of more than two (2) phalanges of a finger shall be considered as the loss of the entire finger. The loss of not more than one (1) phalange of a thumb or toe shall be considered as the loss of one-half (1/2) of the thumb or toe and compensation shall be paid for one-half (1/2) of the period for the loss of the entire thumb or toe. The loss of not more than two (2) phalanges of a finger shall be considered as the loss of one-half (1/2) the finger and compensation shall be paid for one-half (1/2) of the period for the loss of the entire finger.
        (2) Loss of Use: The total permanent loss of the use of an arm, hand, thumb, finger, leg, foot, toe, or phalange shall be considered as the equivalent of the loss by separation of the arm, hand, thumb, finger, leg, foot, toe, or phalange and the compensation shall be paid for the same period as for the loss thereof by separation.
        (3) Partial Loss of Use: For the permanent partial loss of the use of an arm, hand, thumb, finger, leg, foot, toe, or phalange, compensation shall be paid for the proportionate loss of the use of such arm, hand, thumb, finger, leg, foot, toe, or phalange.
        (4) For disablements for occupational disease resulting in total permanent disability, five hundred (500) weeks.
        (5) For the loss of both hands, or both feet, or the total sight of both eyes, or any two (2) of such losses resulting from the same disablement by occupational disease, five hundred (500) weeks.


        (6) For the permanent and complete loss of vision by enucleation of an eye or its reduction to one-tenth (1/10) of normal vision with glasses, one hundred fifty (150) weeks, and for any other permanent reduction of the sight of an eye, compensation shall be paid for a period proportionate to the degree of such permanent reduction without correction or glasses. However, when such permanent reduction without correction or glasses would result in one hundred percent (100%) loss of vision, but correction or glasses would result in restoration of vision, then compensation shall be paid for fifty percent (50%) of such total loss of vision without glasses plus an additional amount equal to the proportionate amount of such reduction with glasses, not to exceed an additional fifty percent (50%).
        (7) For the permanent and complete loss of hearing, two hundred (200) weeks.
        (8) In all other cases of permanent partial impairment, compensation proportionate to the degree of such permanent partial impairment, in the discretion of the worker's compensation board, not exceeding five hundred (500) weeks.
        (9) In all cases of permanent disfigurement, which may impair the future usefulness or opportunities of the employee, compensation in the discretion of the worker's compensation board, not exceeding two hundred (200) weeks, except that no compensation shall be payable under this paragraph where compensation shall be payable under subdivisions (1) through (8). Where compensation for temporary total disability has been paid, this amount of compensation shall be deducted from any compensation due for permanent disfigurement.
    With respect to disablements in the following schedule occurring on and after July 1, 1991, the employee shall receive in addition to temporary total disability benefits, not exceeding one hundred twenty-five (125) weeks on account of the disablement, compensation in an amount determined under the following schedule to be paid weekly at a rate of sixty-six and two-thirds percent (66 2/3%) of the employee's average weekly wages during the fifty-two (52) weeks immediately preceding the week in which the disablement occurred:
        (1) Amputation: For the loss by separation of the thumb, twelve (12) degrees of permanent impairment; of the index finger, eight (8) degrees of permanent impairment; of the second finger, seven (7) degrees of permanent impairment; of the third or ring finger, six (6) degrees of permanent impairment; of the fourth or little finger, four (4) degrees of permanent impairment; of the hand by

separation below the elbow joint, forty (40) degrees of permanent impairment; of the arm above the elbow, fifty (50) degrees of permanent impairment; of the big toe, twelve (12) degrees of permanent impairment; of the second toe, six (6) degrees of permanent impairment; of the third toe, four (4) degrees of permanent impairment; of the fourth toe, three (3) degrees of permanent impairment; of the fifth or little toe, two (2) degrees of permanent impairment; of separation of the foot below the knee joint, thirty-five (35) degrees of permanent impairment; and of the leg above the knee joint, forty-five (45) degrees of permanent impairment.
        (2) Amputations occurring on or after July 1, 1997: For the loss by separation of any of the body parts described in subdivision (1) on or after July 1, 1997, the dollar values per degree applying on the date of the injury as described in subsection (h) shall be multiplied by two (2). However, the doubling provision of this subdivision does not apply to a loss of use that is not a loss by separation.
        (3) The loss of more than one (1) phalange of a thumb or toe shall be considered as the loss of the entire thumb or toe. The loss of more than two (2) phalanges of a finger shall be considered as the loss of the entire finger. The loss of not more than one (1) phalange of a thumb or toe shall be considered as the loss of one-half (1/2) of the degrees of permanent impairment for the loss of the entire thumb or toe. The loss of not more than one (1) phalange of a finger shall be considered as the loss of one-third (1/3) of the finger and compensation shall be paid for one-third (1/3) of the degrees payable for the loss of the entire finger. The loss of more than one (1) phalange of the finger but not more than two (2) phalanges of the finger shall be considered as the loss of one-half (1/2) of the finger and compensation shall be paid for one-half (1/2) of the degrees payable for the loss of the entire finger.
        (4) For the loss by separation of both hands or both feet or the total sight of both eyes or any two (2) such losses in the same accident, one hundred (100) degrees of permanent impairment.
        (5) For the permanent and complete loss of vision by enucleation or its reduction to one-tenth (1/10) of normal vision with glasses, thirty-five (35) degrees of permanent impairment.
        (6) For the permanent and complete loss of hearing in one (1) ear, fifteen (15) degrees of permanent impairment, and in both ears, forty (40) degrees of permanent impairment.


        (7) For the loss of one (1) testicle, ten (10) degrees of permanent impairment; for the loss of both testicles, thirty (30) degrees of permanent impairment.
        (8) Loss of use: The total permanent loss of the use of an arm, a hand, a thumb, a finger, a leg, a foot, a toe, or a phalange shall be considered as the equivalent of the loss by separation of the arm, hand, thumb, finger, leg, foot, toe, or phalange, and compensation shall be paid in the same amount as for the loss by separation. However, the doubling provision of subdivision (2) does not apply to a loss of use that is not a loss by separation.
        (9) Partial loss of use: For the permanent partial loss of the use of an arm, a hand, a thumb, a finger, a leg, a foot, a toe, or a phalange, compensation shall be paid for the proportionate loss of the use of the arm, hand, thumb, finger, leg, foot, toe, or phalange.
        (10) For disablements resulting in total permanent disability, the amount payable for impairment or five hundred (500) weeks of compensation, whichever is greater.
        (11) For any permanent reduction of the sight of an eye less than a total loss as specified in subdivision (3), (5), the compensation shall be paid in an amount proportionate to the degree of a permanent reduction without correction or glasses. However, when a permanent reduction without correction or glasses would result in one hundred percent (100%) loss of vision, then compensation shall be paid for fifty percent (50%) of the total loss of vision without glasses, plus an additional amount equal to the proportionate amount of the reduction with glasses, not to exceed an additional fifty percent (50%).
        (12) For any permanent reduction of the hearing of one (1) or both ears, less than the total loss as specified in subdivision (4), (6), compensation shall be paid in an amount proportionate to the degree of a permanent reduction.
        (13) In all other cases of permanent partial impairment, compensation proportionate to the degree of a permanent partial impairment, in the discretion of the worker's compensation board, not exceeding one hundred (100) degrees of permanent impairment.
        (14) In all cases of permanent disfigurement which may impair the future usefulness or opportunities of the employee, compensation, in the discretion of the worker's compensation board, not exceeding forty (40) degrees of permanent impairment except that no compensation shall be payable under this subdivision where compensation is payable elsewhere in this

section.
    (h) With respect to disablements occurring on and after July 1, 1991, compensation for permanent partial impairment shall be paid according to the degree of permanent impairment for the disablement determined under subsection (d) and the following:
        (1) With respect to disablements occurring on and after July 1, 1991, and before July 1, 1992, for each degree of permanent impairment from one (1) to thirty-five (35), five hundred dollars ($500) per degree; for each degree of permanent impairment from thirty-six (36) to fifty (50), nine hundred dollars ($900) per degree; for each degree of permanent impairment above fifty (50), one thousand five hundred dollars ($1,500) per degree.
        (2) With respect to disablements occurring on and after July 1, 1992, and before July 1, 1993, for each degree of permanent impairment from one (1) to twenty (20), five hundred dollars ($500) per degree; for each degree of permanent impairment from twenty-one (21) to thirty-five (35), eight hundred dollars ($800) per degree; for each degree of permanent impairment from thirty-six (36) to fifty (50), one thousand three hundred dollars ($1,300) per degree; for each degree of permanent impairment above fifty (50), one thousand seven hundred dollars ($1,700) per degree.
        (3) With respect to disablements occurring on and after July 1, 1993, and before July 1, 1997, for each degree of permanent impairment from one (1) to ten (10), five hundred dollars ($500) per degree; for each degree of permanent impairment from eleven (11) to twenty (20), seven hundred dollars ($700) per degree; for each degree of permanent impairment from twenty-one (21) to thirty-five (35), one thousand dollars ($1,000) per degree; for each degree of permanent impairment from thirty-six (36) to fifty (50), one thousand four hundred dollars ($1,400) per degree; for each degree of permanent impairment above fifty (50), one thousand seven hundred dollars ($1,700) per degree.
        (4) With respect to disablements occurring on and after July 1, 1997, and before July 1, 1998, for each degree of permanent impairment from one (1) to ten (10), seven hundred fifty dollars ($750) per degree; for each degree of permanent impairment from eleven (11) to thirty-five (35), one thousand dollars ($1,000) per degree; for each degree of permanent impairment from thirty-six (36) to fifty (50), one thousand four hundred dollars ($1,400) per degree; for each degree of permanent impairment above fifty (50), one thousand seven hundred dollars ($1,700) per degree.


        (5) With respect to disablements occurring on and after July 1, 1998, and before July 1, 1999, for each degree of permanent impairment from one (1) to ten (10), seven hundred fifty dollars ($750) per degree; for each degree of permanent impairment from eleven (11) to thirty-five (35), one thousand dollars ($1,000) per degree; for each degree of permanent impairment from thirty-six (36) to fifty (50), one thousand four hundred dollars ($1,400) per degree; for each degree of permanent impairment above fifty (50), one thousand seven hundred dollars ($1,700) per degree.
        (6) With respect to disablements occurring on and after July 1, 1999, and before July 1, 2000, for each degree of permanent impairment from one (1) to ten (10), nine hundred dollars ($900) per degree; for each degree of permanent impairment from eleven (11) to thirty-five (35), one thousand one hundred dollars ($1,100) per degree; for each degree of permanent impairment from thirty-six (36) to fifty (50), one thousand six hundred dollars ($1,600) per degree; for each degree of permanent impairment above fifty (50), two thousand dollars ($2,000) per degree.
        (7) With respect to disablements occurring on and after July 1, 2000, and before July 1, 2001, for each degree of permanent impairment from one (1) to ten (10), one thousand one hundred dollars ($1,100) per degree; for each degree of permanent impairment from eleven (11) to thirty-five (35), one thousand three hundred dollars ($1,300) per degree; for each degree of permanent impairment from thirty-six (36) to fifty (50), two thousand dollars ($2,000) per degree; for each degree of permanent impairment above fifty (50), two thousand five hundred fifty dollars ($2,500) per degree.
        (8) With respect to disablements occurring on and after July 1, 2001, for each degree of permanent impairment from one (1) to ten (10), one thousand three hundred dollars ($1,300) per degree; for each degree of permanent impairment from eleven (11) to thirty-five (35), one thousand five hundred dollars ($1,500) per degree; for each degree of permanent impairment from thirty-six (36) to fifty (50), two thousand four hundred dollars ($2,400) per degree; for each degree of permanent impairment above fifty (50), three thousand dollars ($3,000) per degree.
    (i) The average weekly wages used in the determination of compensation for permanent partial impairment under subsections (g) and (h) shall not exceed the following:
        (1) With respect to disablements occurring on or after July 1, 1991, and before July 1, 1992, four hundred ninety-two dollars

($492).
        (2) With respect to disablements occurring on or after July 1, 1992, and before July 1, 1993, five hundred forty dollars ($540).
        (3) With respect to disablements occurring on or after July 1, 1993, and before July 1, 1994, five hundred ninety-one dollars ($591).
        (4) With respect to disablements occurring on or after July 1, 1994, and before July 1, 1997, six hundred forty-two dollars ($642).
        (5) With respect to disablements occurring on or after July 1, 1997, and before July 1, 1998, six hundred seventy-two dollars ($672).
        (6) With respect to disablements occurring on or after July 1, 1998, and before July 1, 1999, seven hundred two dollars ($702).
        (7) With respect to disablements occurring on or after July 1, 1999, and before July 1, 2000, seven hundred thirty-two dollars ($732).
        (8) With respect to disablements occurring on or after July 1, 2000, and before July 1, 2001, seven hundred sixty-two dollars ($762).
        (9) With respect to injuries occurring on or after July 1, 2001, and before July 1, 2002, eight hundred twenty-two dollars ($822).
        (10) With respect to injuries occurring on or after July 1, 2002, eight hundred eighty-two dollars ($882).
    (j) If any employee, only partially disabled, refuses employment suitable to his capacity procured for him, he shall not be entitled to any compensation at any time during the continuance of such refusal unless, in the opinion of the worker's compensation board, such refusal was justifiable. The employee must be served with a notice setting forth the consequences of the refusal under this subsection. The notice must be in a form prescribed by the worker's compensation board.
    (k) If an employee has sustained a permanent impairment or disability from an accidental injury other than an occupational disease in another employment than that in which he suffered a subsequent disability from an occupational disease, such as herein specified, the employee shall be entitled to compensation for the subsequent disability in the same amount as if the previous impairment or disability had not occurred. However, if the permanent impairment or disability resulting from an occupational disease for which compensation is claimed results only in the aggravation or increase of a previously sustained permanent impairment from an occupational disease or physical condition regardless of the source or cause of such

previously sustained impairment from an occupational disease or physical condition, the board shall determine the extent of the previously sustained permanent impairment from an occupational disease or physical condition as well as the extent of the aggravation or increase resulting from the subsequent permanent impairment or disability, and shall award compensation only for that part of said occupational disease or physical condition resulting from the subsequent permanent impairment. An amputation of any part of the body or loss of any or all of the vision of one (1) or both eyes caused by an occupational disease shall be considered as a permanent impairment or physical condition.
    (l) If an employee suffers a disablement from occupational disease for which compensation is payable while the employee is still receiving or entitled to compensation for a previous injury by accident or disability by occupational disease in the same employment, he shall not at the same time be entitled to compensation for both, unless it be for a permanent injury, such as specified in subsection (g)(1), (g)(2), (g)(3), (g)(6), or (g)(7); (g)(4), (g)(5), (g)(8), or (g)(9); but the employee shall be entitled to compensation for that disability and from the time of that disability which will cover the longest period and the largest amount payable under this chapter.
    (m) If an employee receives a permanent disability from occupational disease such as specified in subsection (g)(1), (g)(2), (g)(3), (g)(6), or (g)(7), (g)(4), (g)(5), (g)(8), or (g)(9) after having sustained another such permanent disability in the same employment the employee shall be entitled to compensation for both such disabilities, but the total compensation shall be paid by extending the period and not by increasing the amount of weekly compensation and, when such previous and subsequent permanent disabilities, in combination result in total permanent disability or permanent total impairment, compensation shall be payable for such permanent total disability or impairment, but payments made for the previous disability or impairment shall be deducted from the total payment of compensation due.
    (n) When an employee has been awarded or is entitled to an award of compensation for a definite period under this chapter for disability from occupational disease, which disablement occurs on and after April 1, 1951, and prior to April 1, 1963, and such employee dies from any other cause than such occupational disease, payment of the unpaid balance of such compensation, not exceeding three hundred (300) weeks, shall be made to the employee's dependents of the second and third class as defined in sections 11 through 14 of this chapter, and

compensation, not exceeding five hundred (500) weeks, shall be made to the employee's dependents of the first class as defined in sections 11 through 14 of this chapter. When an employee has been awarded or is entitled to an award of compensation for a definite period from an occupational disease wherein disablement occurs on and after April 1, 1963, and such employee dies from other causes than such occupational disease, payment of the unpaid balance of such compensation not exceeding three hundred fifty (350) weeks shall be paid to the employee's dependents of the second and third class as defined in sections 11 through 14 of this chapter and compensation, not exceeding five hundred (500) weeks shall be made to the employee's dependents of the first class as defined in sections 11 through 14 of this chapter.
    (o) Any payment made by the employer to the employee during the period of the employee's disability, or to the employee's dependents, which, by the terms of this chapter, was not due and payable when made, may, subject to the approval of the worker's compensation board, be deducted from the amount to be paid as compensation, but such deduction shall be made from the distal end of the period during which compensation must be paid, except in cases of temporary disability.
    (p) When so provided in the compensation agreement or in the award of the worker's compensation board, compensation may be paid semimonthly, or monthly, instead of weekly.
    (q) When the aggregate payments of compensation awarded by agreement or upon hearing to an employee or dependent under eighteen (18) years of age do not exceed one hundred dollars ($100), the payment thereof may be made directly to such employee or dependent, except when the worker's compensation board shall order otherwise.
    Whenever the aggregate payments of compensation, due to any person under eighteen (18) years of age, exceed one hundred dollars ($100), the payment thereof shall be made to a trustee, appointed by the circuit or superior court, or to a duly qualified guardian, or, upon the order of the worker's compensation board, to a parent or to such minor person. The payment of compensation, due to any person eighteen (18) years of age or over, may be made directly to such person.
    (r) If an employee, or a dependent, is mentally incompetent, or a minor at the time when any right or privilege accrues to the employee under this chapter, the employee's guardian or trustee may, in the employee's behalf, claim and exercise such right and privilege.
    (s) All compensation payments named and provided for in this section, shall mean and be defined to be for only such occupational diseases and disabilities therefrom as are proved by competent

evidence, of which there are or have been objective conditions or symptoms proven, not within the physical or mental control of the employee himself.
    SECTION 29. IC 24-3-4-17 , AS ADDED BY P.L.21-2000, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: 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 15 or 16 of this chapter;
commits a Class D felony.
    SECTION 30. IC 25-4-1-29 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 29. (a) Except as hereinafter otherwise provided, the state of Indiana, nor any board, department or agency thereof, nor any county, city, town, township, school corporations, or other political subdivision of this state shall engage in the construction, alteration, or maintenance of any public building or public work involving the practice of architecture for which plans, specifications and estimates have not been prepared, certified, and sealed by, and the construction, alteration, or maintenance executed under the direct supervision of an architect, which architect shall be the holder in good standing of a certificate of registration from the board of registration for architects and landscape architects entitling him to practice architecture in this state.
    (b) No official of this state, nor of any city, town, county, township, or school corporation thereof, charged with the enforcement of any law, ordinance, or rule relating to the construction or alteration of buildings or structures, shall use or accept or approve any plans or specifications that have not been prepared by, or under the supervision of, and certified by a registered architect. This subsection shall not apply if such plans or specifications have been prepared by, or under the supervision of and certified by a professional engineer who is registered under the laws of the state of Indiana. This subsection shall not apply to the construction or alteration of any building or structures specifically exempted from the rules of the fire prevention and building safety commission or specifically exempted from the fire prevention and building safety commission requirements for preparation of such plans and specifications by registered architects or registered engineers. This section shall not be construed as to abridge, or otherwise affect, the powers of the fire prevention and building safety commission, or any other state board or department, to issue rules

governing the safety of buildings or structures.
    SECTION 31. IC 25-4-2-10 , AS AMENDED BY P.L.82-2000, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Any person who:
        (1) renders or offers to render services to the public, if the words "landscape architecture" or "registered landscape architecture" are used to describe these services;
        (2) uses the title "registered landscape architect" or "landscape architect"; or
        (3) engages in the practice of landscape architecture described in IC 25-4-2-1; section 1 of this chapter;
without a current registration issued under this chapter commits a Class B infraction. A person who affixes a registered landscape architect's seal to a plan, specification, or drawing that has not been prepared by a currently registered landscape architect or under the immediate supervision of a currently registered landscape architect commits a Class B infraction.
    (b) Each day a violation described in this section continues to occur constitutes a separate offense.
    (c) The board may appear in its own name in the courts of the state and apply for injunctions to prevent violations of this chapter.
    SECTION 32. IC 26-2-8-103 , AS ADDED BY P.L.62-2000, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 103. (a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures that relate to a transaction.
    (b) This chapter does not apply to transactions subject to the following laws:
        (1) A law governing the creation and execution of wills, codicils, or testamentary trusts.
        (2) IC 26-1-1 , other than IC 26-1-1-107 and IC 26-1-1-206.
        (3) IC 26-1-2 , IC 26-1-2.1 , IC 26-1-3.1 , IC 26-1-4 , IC 26-1-4.1. IC 26-1-5.1, IC 26-1-6.1 , IC 26-1-7 , IC 26-1-8.1 , or IC 26-1-9. IC 26-1-9.1.
        (4) Laws specifically excluded by a governmental agency under sections 201 and 202 of this chapter.
    (c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) when used for transactions subject to a law other than those specified in subsection (b).
    (d) A transaction subject to this chapter is also subject to other applicable substantive law.


    SECTION 33. IC 26-2-8-115 , AS ADDED BY P.L.62-2000, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 115. (a) In this section, "transferable record" means an electronic record that:
        (1) would be a note under IC 26-1-3.1 or a document under IC 26-1-7 , if the electronic record were in writing; and
        (2) the issuer of the electronic record expressly has agreed is subject to this chapter.
    (b) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to whom the transferable record has been issued or transferred.
    (c) A system satisfies subsection (a), and a person is deemed to have control of a transferable record, if the record or records are created, stored, and assigned in such a manner that:
        (1) a single authoritative copy of the record or records exists that is unique, identifiable, and except as otherwise provided in subdivisions (4), (5), and (6), unalterable;
        (2) the authoritative copy identifies the person asserting control as the assignee of the record or records;
        (3) the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;
        (4) copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;
        (5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and
        (6) any revision of the authoritative copy is readily identifiable as an authorized or unauthorized revision.
    (d) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in IC 26-1-1-201 (20), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under IC 26-1, including, if the applicable statutory requirements under IC 26-1-3.1-302 (a), IC 26-1-7-501 , or IC 26-1-9-308 IC 26-1-9.1-330 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and endorsement are not required to obtain or exercise any of the rights in this subsection.
    (e) Except as otherwise agreed, obligors under a transferable record have the same rights and defenses as equivalent obligors under

equivalent records and writings under IC 26-1.
    (f) If requested by the person against whom enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. This proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and establish the identity of the person in control of the transferable record.
    SECTION 34. IC 27-8-10-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The definitions in this section apply throughout this chapter.
    (b) "Association" means the Indiana comprehensive health insurance association established under section 2.1 of this chapter.
    (c) "Association policy" means a policy issued by the association that provides coverage specified in section 3 of this chapter. The term does not include a Medicare supplement policy that is issued under section 9 of this chapter.
    (d) "Carrier" means an insurer providing medical, hospital, or surgical expense incurred health insurance policies.
    (e) "Church plan" means a plan defined in the federal Employee Retirement Income Security Act of 1974 under 26 U.S.C. 414(e).
    (f) "Commissioner" refers to the insurance commissioner.
    (g) "Creditable coverage" has the meaning set forth in the federal Health Insurance Portability and Accountability Act of 1996 (26 U.S.C. 9801(c)(1)).
    (h) "Eligible expenses" means those charges for health care services and articles provided for in section 3 of this chapter.
    (i) "Federally eligible individual" means an individual:
        (1) for whom, as of the date on which the individual seeks coverage under this chapter, the aggregate period of creditable coverage is at least eighteen (18) months and whose most recent prior creditable coverage was under a:
            (A) group health plan;
            (B) governmental plan; or
            (C) church plan;
        or health insurance coverage in connection with any of these plans;
        (2) who is not eligible for coverage under:
            (A) a group health plan;
            (B) Part A or Part B of Title XVIII of the federal Social Security Act; or
            (C) a state plan under Title XIX of the federal Social Security

Act (or any successor program);
        and does not have other health insurance coverage;
        (3) with respect to whom the individual's most recent coverage was not terminated for factors relating to nonpayment of premiums or fraud;
        (4) who, if after being offered the option of continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) (29 U.S.C. 1191b(d)(1)), or under a similar state program, elected such coverage; and
        (5) who, if after electing continuation coverage described in subdivision (4), has exhausted continuation coverage under the provision or program.
    (j) "Governmental plan" means a plan as defined under the federal Employee Retirement Income Security Act of 1974 (26 U.S.C. 414(d)) and any plan established or maintained for its employees by the United States government or by any agency or instrumentality of the United States government.
    (k) "Group health plan" means an employee welfare benefit plan (as defined in 29 U.S.C. 1167(1)) to the extent that the plan provides medical care payments to, or on behalf of, employees or their dependents, as defined under the terms of the plan, directly or through insurance, reimbursement, or otherwise.
    (l) "Health care facility" means any institution providing health care services that is licensed in this state, including institutions engaged principally in providing services for health maintenance organizations or for the diagnosis or treatment of human disease, pain, injury, deformity, or physical condition, including a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, home health care agency, bioanalytical laboratory, or central services facility servicing one (1) or more such institutions.
    (m) "Health care institutions" means skilled nursing facilities, home health agencies, and hospitals.
    (n) "Health care provider" means any physician, hospital, pharmacist, or other person who is licensed in Indiana to furnish health care services.
    (o) "Health care services" means any services or products included in the furnishing to any individual of medical care, dental care, or hospitalization, or incident to the furnishing of such care or hospitalization, as well as the furnishing to any person of any other

services or products for the purpose of preventing, alleviating, curing, or healing human illness or injury.
    (p) "Health insurance" means hospital, surgical, and medical expense incurred policies, nonprofit service plan contracts, health maintenance organizations, limited service health maintenance organizations, and self-insured plans. However, the term "health insurance" does not include short term travel accident policies, accident only policies, fixed indemnity policies, automobile medical payment, or incidental coverage issued with or as a supplement to liability insurance.
    (q) "Insured" means all individuals who are provided qualified comprehensive health insurance coverage under an individual policy, including all dependents and other insured persons, if any.
    (r) "Medicaid" means medical assistance provided by the state under the Medicaid program under IC 12-15.
    (s) "Medical care payment" means amounts paid for:
        (1) the diagnosis, care, mitigation, treatment, or prevention of disease or amounts paid for the purpose of affecting any structure or function of the body;
        (2) transportation primarily for and essential to Medicare services referred to in subdivision (1); and
        (3) insurance covering medical care referred to in subdivisions (1) and (2).
    (t) "Medically necessary" means health care services that the association has determined:
        (1) are recommended by a legally qualified physician;
        (2) are commonly and customarily recognized throughout the physician's profession as appropriate in the treatment of the patient's diagnosed illness; and
        (3) are not primarily for the scholastic education or vocational training of the provider or patient.
    (u) "Medicare" means Title XVIII of the federal Social Security Act (42 U.S.C. 1395 et seq.).
    (v) "Policy" means a contract, policy, or plan of health insurance.
    (w) "Policy year" means a twelve (12) month period during which a policy provides coverage or obligates the carrier to provide health care services.
    (x) "Health maintenance organization" has the meaning set out in IC 27-13-1-19.
    (y) "Self-insurer" means an employer who provides services, payment for, or reimbursement of any part of the cost of health care services other than payment of insurance premiums or subscriber

charges to a carrier. However, the term "self-insurer" does not include an employer who is exempt from state insurance regulation by federal law, or an employer who is a political subdivision of the state of Indiana.
    (z) "Services of a skilled nursing facility" means services that must commence within fourteen (14) days following a confinement of at least three (3) consecutive days in a hospital for the same condition.
    (a) (aa) "Skilled nursing facility", "home health agency", "hospital", and "home health services" have the meanings assigned to them in 42 U.S.C. 1395x.
    (b) (bb) "Medicare supplement policy" means an individual policy of accident and sickness insurance that is designed primarily as a supplement to reimbursements under Medicare for the hospital, medical, and surgical expenses of individuals who are eligible for Medicare benefits.
    (c) (cc) "Limited service health maintenance organization" has the meaning set forth in IC 27-13-34-4.
    SECTION 35. IC 27-13-7-17 , AS ADDED BY P.L.54-2000, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 17. (a) As used in this section, "colorectal cancer testing" means examinations and laboratory tests for cancer for any nonsymptomatic enrollee, in accordance with the current American Cancer Society guidelines.
    (b) Except as provided in subsection (e), a health maintenance organization issued a certificate of authority in Indiana shall provide colorectal cancer testing as a covered service under every group contract that provides coverage for basic health care services.
    (c) For an enrollee who is:
        (1) at least fifty (50) years of age; or
        (2) less than fifty (50) years of age and at high risk for colorectal cancer according to the most recent published guidelines of the American Cancer Society;
the colorectal cancer testing required under this section must meet the requirements set forth in subsection (d).
    (d) An enrollee may not be required to pay a copayment for the colorectal cancer examination and laboratory testing benefit that is greater than a copayment established for similar benefits under a group contract. If the group contract does not cover a similar covered service, the copayment may not be set at a level that materially diminishes the value of the colorectal cancer examination and laboratory testing benefit required under this section.
    (e) In the case of coverage that is not employer based, the health

maintenance organization is required only to offer to provide the colorectal cancer testing described in subsections (b) through (f) (d) as a covered service under a proposed group contract providing coverage for basic health care services.
    SECTION 36. IC 33-19-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Except as provided in subsections (d) and (e), for each action that results in a judgment:
        (1) for a violation constituting an infraction; or
        (2) for a violation of an ordinance of a municipal corporation (as defined in IC 36-1-2-10 );
the clerk shall collect from the defendant an infraction or ordinance violation costs fee of seventy dollars ($70).
    (b) In addition to the infraction or ordinance violation costs fee collected under this section, the clerk shall collect from the defendant the following fees if they are required under IC 33-19-6 :
        (1) A document fee (IC 33-19-6-1, IC 33-19-6-2 , IC 33-19-6-3 ).
        (2) An alcohol and drug services program user fee (IC 33-19-6-7(b)).
        (3) A law enforcement continuing education program fee (IC 33-19-6-7(c)).
        (4) An alcohol and drug countermeasures fee (IC 33-19-6-10).
        (5) A highway work zone fee (IC 33-19-6-14).
        (6) A deferred prosecution fee (IC 33-19-6-16.2).
         (7) A jury fee (IC 33-19-6-17).
    (c) The clerk shall transfer to the county auditor or fiscal officer of the municipal corporation the following fees, within thirty (30) days after they are collected, for deposit by the auditor or fiscal officer in the user fee fund established under IC 33-19-8 :
        (1) The alcohol and drug services program user fee.
        (2) The law enforcement continuing education program fee.
        (3) The deferral program fee.
    (d) The defendant is not liable for any ordinance violation costs fee in an action in which:
        (1) the defendant was charged with an ordinance violation subject to IC 33-6-3 ;
        (2) the defendant denied the violation under IC 33-6-3-2 ;
        (3) proceedings in court against the defendant were initiated under IC 34-28-5 (or IC 34-4-32 before its repeal); and
        (4) the defendant was tried and the court entered judgment for the defendant for the violation.
    (e) Instead of the infraction or ordinance violation costs fee

prescribed by subsection (a), the clerk shall collect a deferral program fee if an agreement between a prosecuting attorney or an attorney for a municipal corporation and the person charged with a violation entered into under IC 34-28-5-1 (or IC 34-4-32-1 before its repeal) requires payment of those fees by the person charged with the violation. The deferral program fee is:
        (1) an initial user's fee not to exceed fifty-two dollars ($52); and
        (2) a monthly user's fee not to exceed ten dollars ($10) for each month the person remains in the deferral program.
    SECTION 37. IC 35-33-8-3.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.2. (a) A court may admit a defendant to bail and impose any of the following conditions to assure the defendant's appearance at any stage of the legal proceedings, or, upon a showing of clear and convincing evidence that the defendant poses a risk of physical danger to another person or the community, to assure the public's physical safety:
        (1) Require the defendant to:
            (A) execute a bail bond with sufficient solvent sureties;
            (B) deposit cash or securities in an amount equal to the bail;
            (C) execute a bond secured by real estate in the county, where thirty-three hundredths (0.33) of the true tax value less encumbrances is at least equal to the amount of the bail;
            (D) post a real estate bond.
        The defendant must also pay the fee required by subsection (d).
        (2) Require the defendant to execute a bail bond by depositing cash or securities with the clerk of the court in an amount not less than ten percent (10%) of the bail. If the defendant is convicted, the court may retain all or a part of the cash or securities to pay fines, costs, fees, and restitution, if ordered by the court. A portion of the deposit, not to exceed ten percent (10%) of the monetary value of the deposit or fifty dollars ($50), whichever is the lesser amount, may be retained as an administrative fee. The clerk shall also retain from the deposit under this subdivision the following:
            (A) The fee required by subsection (d).
            (B) (A) Fines, costs, fees, and restitution as ordered by the court.
            (C) (B) Publicly paid costs of representation that shall be disposed of in accordance with subsection (b).
            (D) (C) In the event of the posting of a real estate bond, the bond shall be used only to insure the presence of the defendant at any stage of the legal proceedings, but shall not be foreclosed for the payment of fines, costs, fees, or restitution.


        The individual posting bail for the defendant or the defendant admitted to bail under this subdivision must be notified by the sheriff, court, or clerk that the defendant's deposit may be forfeited under section 7 of this chapter or retained under subsection (b).
        (3) Impose reasonable restrictions on the activities, movements, associations, and residence of the defendant during the period of release.
        (4) Require the defendant to refrain from any direct or indirect contact with an individual.
        (5) Place the defendant under the reasonable supervision of a probation officer or other appropriate public official.
        (6) Release the defendant into the care of a qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. The supervisor shall maintain reasonable contact with the defendant in order to assist the defendant in making arrangements to appear in court and, where appropriate, shall accompany the defendant to court. The supervisor need not be financially responsible for the defendant.
        (7) Release the defendant on personal recognizance unless:
            (A) the state presents evidence relevant to a risk by the defendant:
                (i) of nonappearance; or
                (ii) to the physical safety of the public; and
            (B) the court finds by a preponderance of the evidence that the risk exists.
        (8) Impose any other reasonable restrictions designed to assure the defendant's presence in court or the physical safety of another person or the community.
    (b) Within thirty (30) days after disposition of the charges against the defendant, the court that admitted the defendant to bail shall order the clerk to remit the amount of the deposit remaining under subsection (a)(2) to the defendant. The portion of the deposit that is not remitted to the defendant shall be deposited by the clerk in the supplemental public defender services fund established under IC 33-9-11.5.
    (c) For purposes of subsection (b), "disposition" occurs when the indictment or information is dismissed, or the defendant is acquitted or convicted of the charges.
    (d) Except as provided by subsection (e), the clerk of the court shall:
        (1) collect a fee of five dollars ($5) for each bond or deposit under subsection (a)(1); and
        (2) retain a fee of five dollars ($5) from each deposit under

subsection (a)(2).
The clerk of the court shall semiannually remit these fees to the board of trustees of the public employees' retirement fund for deposit into the special death benefit fund. The fee required by subdivision (2) is in addition to the administrative fee retained under subsection (a)(2). This subsection expires December 31, 1998.
    (e) (d) With the approval of the clerk of the court, the county sheriff may collect the bail and fees required by subsection (d). posted under this section. The county sheriff shall remit the bail to the clerk of the court by the following business day. and remit monthly the five dollar ($5) special death benefit fee to the county auditor.
    (f) (e) When a court imposes a condition of bail described in subsection (a)(4):
        (1) the clerk of the court shall comply with IC 5-2-9 ; and
        (2) the prosecuting attorney shall file a confidential form prescribed or approved by the division of state court administration with the clerk.
    SECTION 38. IC 35-46-1-10 , AS AMENDED BY P.L.177-1999, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) A person who knowingly sells or distributes tobacco to a person less than eighteen (18) years of age commits a Class C infraction. For a sale to take place under this section, the buyer must pay the seller for the tobacco product.
    (b) It is not a defense that the person to whom the tobacco was sold or distributed did not smoke, chew, or otherwise consume the tobacco.
    (c) The following defenses are available to a person accused of selling or distributing tobacco to a person who is less than eighteen (18) years of age:
        (1) The buyer or recipient produced a driver's license bearing the purchaser's or recipient's photograph, showing that the purchaser or recipient was of legal age to make the purchase.
        (2) The buyer or recipient produced a photographic identification card issued under IC 9-24-16-1 , or a similar card issued under the laws of another state or the federal government, showing that the purchaser or recipient was of legal age to make the purchase.
        (3) The appearance of the purchaser or recipient was such that an ordinary prudent person would believe that the purchaser or recipient was not less than the age that complies with regulations promulgated by the federal Food and Drug Administration.
    (d) It is a defense that the accused person sold or delivered the tobacco to a person who acted in the ordinary course of employment or a business concerning tobacco:


        (1) agriculture;
        (2) processing;
        (3) transporting;
        (4) wholesaling; or
        (5) retailing.
    (e) As used in this section, "distribute" means to give tobacco to another person as a means of promoting, advertising, or marketing the tobacco to the general public.
    (f) Unless a person buys or receives tobacco under the direction of a law enforcement officer as part of an enforcement action, a person who sells or distributes tobacco is not liable for a violation of this section unless the person less than eighteen (18) years of age who bought or received the tobacco is issued a citation or summons under section 10.5 of this chapter.
    (g) Notwithstanding IC 34-28-5-4(c), IC 34-28-5-5 (c), civil penalties collected under this section must be deposited in the youth tobacco education and enforcement fund (IC 7.1-6-2-6).
    SECTION 39. IC 35-46-1-10.2 , AS AMENDED BY P.L.14-2000, SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10.2. (a) A retail establishment that sells or distributes tobacco to a person less than eighteen (18) years of age commits a Class C infraction. For a sale to take place under this section, the buyer must pay the retail establishment for the tobacco product. Notwithstanding IC 34-28-5-4 (c), a civil judgment for an infraction committed under this section must be imposed as follows:
        (1) If the retail establishment at that specific business location has not been issued a citation or summons for a violation of this section in the previous ninety (90) days, a civil penalty of fifty dollars ($50).
        (2) If the retail establishment at that specific business location has had one (1) citation or summons issued for a violation of this section in the previous ninety (90) days, a civil penalty of one hundred dollars ($100).
        (3) If the retail establishment at that specific business location has had two (2) citations or summonses issued for a violation of this section in the previous ninety (90) days, a civil penalty of two hundred fifty dollars ($250).
        (4) If the retail establishment at that specific business location has had three (3) or more citations or summonses issued for a violation of this section in the previous ninety (90) days, a civil penalty of five hundred dollars ($500).
A retail establishment may not be issued a citation or summons for a

violation of this section more than once every twenty-four (24) hours for each specific business location.
    (b) It is not a defense that the person to whom the tobacco was sold or distributed did not smoke, chew, or otherwise consume the tobacco.
    (c) The following defenses are available to a retail establishment accused of selling or distributing tobacco to a person who is less than eighteen (18) years of age:
        (1) The buyer or recipient produced a driver's license bearing the purchaser's or recipient's photograph showing that the purchaser or recipient was of legal age to make the purchase.
        (2) The buyer or recipient produced a photographic identification card issued under IC 9-24-16-1 or a similar card issued under the laws of another state or the federal government showing that the purchaser or recipient was of legal age to make the purchase.
        (3) The appearance of the purchaser or recipient was such that an ordinary prudent person would believe that the purchaser or recipient was not less than the age that complies with regulations promulgated by the federal Food and Drug Administration.
    (d) It is a defense that the accused retail establishment sold or delivered the tobacco to a person who acted in the ordinary course of employment or a business concerning tobacco:
        (1) agriculture;
        (2) processing;
        (3) transporting;
        (4) wholesaling; or
        (5) retailing.
    (e) As used in this section, "distribute" means to give tobacco to another person as a means of promoting, advertising, or marketing the tobacco to the general public.
    (f) Unless a person buys or receives tobacco under the direction of a law enforcement officer as part of an enforcement action, a retail establishment that sells or distributes tobacco is not liable for a violation of this section unless the person less than eighteen (18) years of age who bought or received the tobacco is issued a citation or summons under section 10.5 of this chapter.
    (g) Notwithstanding IC 34-28-5-4(c), IC 34-28-5-5 (c), civil penalties collected under this section must be deposited in the youth tobacco education and enforcement fund (IC 7.1-6-2-6).
    SECTION 40. IC 35-46-1-11.3 , AS AMENDED BY P.L.177-1999, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11.3. (a) This section does not apply to advertisements that are less than fourteen (14) square feet and posted:


        (1) at street level in the window or on the exterior of a business property or establishment where tobacco products are manufactured, distributed, or sold; or
        (2) on vehicles.
    (b) After May 13, 1999, a person may not advertise or cause to be advertised tobacco products on a billboard or an outdoor advertisement that occupies an area that exceeds fourteen (14) square feet, including any advertisement that functions as a segment of a larger advertising unit or series.
    (c) A person who violates this section commits a Class C infraction. An advertisement that is in violation of this section must be removed not more than ten (10) days after a citation or summons has been issued. Notwithstanding IC 34-28-5-4 (c), if an advertisement that is in violation of this section is not removed not more than ten (10) days after a citation or summons has been issued, a civil judgment for an infraction committed under this section must include a civil penalty of one hundred dollars ($100) for each day that the advertisement was in violation of this section.
    (d) Notwithstanding IC 34-28-5-4(c), IC 34-28-5-5 (c), civil penalties collected under this section must be deposited in the youth tobacco education and enforcement fund (IC 7.1-6-2-6).
    SECTION 41. IC 35-46-1-11.5 , AS AMENDED BY P.L.14-2000, SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11.5. (a) Except for a coin machine that is placed in or directly adjacent to an entranceway or an exit, or placed in a hallway, a restroom, or another common area that is accessible to persons who are less than eighteen (18) years of age, this section does not apply to a coin machine that is located in the following:
        (1) That part of a licensed premises (as defined in IC 7.1-1-3-20 ) where entry is limited to persons who are at least eighteen (18) years of age.
        (2) Private industrial or office locations that are customarily accessible only to persons who are at least eighteen (18) years of age.
        (3) Private clubs if the membership is limited to persons who are at least eighteen (18) years of age.
        (4) Riverboats where entry is limited to persons who are at least twenty-one (21) years of age and on which lawful gambling is authorized.
    (b) As used in this section, "coin machine" has the meaning set forth in IC 35-43-5-1.
    (c) Except as provided in subsection (a), an owner of a retail

establishment may not:
        (1) distribute or sell tobacco by use of a coin machine; or
        (2) install or maintain a coin machine that is intended to be used for the sale or distribution of tobacco.
    (d) An owner of a retail establishment who violates this section commits a Class C infraction. A citation or summons issued under this section must provide notice that the coin machine must be moved within two (2) business days. Notwithstanding IC 34-28-5-4 (c), a civil judgment for an infraction committed under this section must be imposed as follows:
        (1) If the owner of the retail establishment has not been issued a citation or summons for a violation of this section in the previous ninety (90) days, a civil penalty of fifty dollars ($50).
        (2) If the owner of the retail establishment has had one (1) citation or summons issued for a violation of this section in the previous ninety (90) days, a civil penalty of two hundred fifty dollars ($250).
        (3) If the owner of the retail establishment has had two (2) citations or summonses issued for a violation of this section in the previous ninety (90) days for the same machine, the coin machine shall be removed or impounded by a law enforcement officer having jurisdiction where the violation occurs.
An owner of a retail establishment may not be issued a citation or summons for a violation of this section more than once every two (2) business days for each business location.
    (e) Notwithstanding IC 34-28-5-4(c), IC 34-28-5-5 (c), civil penalties collected under this section must be deposited in the youth tobacco education and enforcement fund established under IC 7.1-6-2-6.
    SECTION 42. IC 35-46-1-11.7 , AS AMENDED BY P.L.14-2000, SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11.7. (a) A retail establishment that has as its primary purpose the sale of tobacco products may not allow an individual who is less than eighteen (18) years of age to enter the retail establishment.
    (b) An individual who is less than eighteen (18) years of age may not enter a retail establishment described in subsection (a).
    (c) A retail establishment described in subsection (a) must conspicuously post on all entrances to the retail establishment a sign in boldface type that states "NOTICE: It is unlawful for a person less than 18 years old to enter this store.".
    (d) A person who violates this section commits a Class C infraction.

Notwithstanding IC 34-28-5-4 (c), a civil judgment for an infraction committed under this section must be imposed as follows:
        (1) If the person has not been cited for a violation of this section in the previous ninety (90) days, a civil penalty of fifty dollars ($50).
        (2) If the person has had one (1) violation in the previous ninety (90) days, a civil penalty of one hundred dollars ($100).
        (3) If the person has had two (2) violations in the previous ninety (90) days, a civil penalty of two hundred fifty dollars ($250).
        (4) If the person has had three (3) or more violations in the previous ninety (90) days, a civil penalty of five hundred dollars ($500).
A person may not be cited more than once every twenty-four (24) hours.
    (e) Notwithstanding IC 34-28-5-4(c), IC 34-28-5-5 (c), civil penalties collected under this section must be deposited in the youth tobacco education and enforcement fund established under IC 7.1-6-2-6.
    SECTION 43. IC 35-46-1-15.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15.1. (a) A person who knowingly or intentionally violates:
        (1) a protective order issued under:
            (A) IC 34-26-2-12 (1)(A) (or IC 34-4-5.1-5 (a)(1)(A) before its repeal);
            (B) IC 34-26-2-12 (1)(B) (or IC 34-4-5.1-5 (a)(1)(B) before its repeal); or
            (C) IC 34-26-2-12 (1)(C) (or IC 34-4-5.1-5 (a)(1)(C) before its repeal);
        that orders the respondent to refrain from abusing, harassing, or disturbing the peace of the petitioner;
        (2) an emergency protective order issued under IC 34-26-2-6 (1), IC 34-26-2-6 (2), IC 34-26-2-6 (3), (or IC 34-4-5.1-2.3 (a)(1)(A), IC 34-4-5.1-2.3 (a)(1)(B), or IC 34-4-5.1-2.3 (a)(1)(C) before their repeal) that orders the respondent to refrain from abusing, harassing, or disturbing the peace of the petitioner;
        (3) a temporary restraining order issued under IC 31-15-4-3 (2) or IC 31-15-4-3 (3) IC 31-16-4-2(a)(2), or IC 31-16-4-2(a)(3) (or IC 31-1-11.5-7 (b)(2), or IC 31-1-11.5-7 (b)(3), IC 31-16-4-2 (a)(2), or IC 31-16-4-2 (a)(3) before their repeal) that orders the respondent to refrain from abusing, harassing, or disturbing the peace of the petitioner;
        (4) an order in a dispositional decree issued under IC 31-34-20-1 ,

IC 31-37-19-1 , or IC 31-37-19-5 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child;
        (5) an order issued as a condition of pretrial release or pretrial diversion that orders the person to refrain from any direct or indirect contact with another person;
        (6) an order issued as a condition of probation that orders the person to refrain from any direct or indirect contact with another person;
        (7) a protective order issued under IC 31-15-5 or IC 31-16-5 (or IC 31-16-5 or IC 31-1-11.5-8.2 before its their repeal) that orders the respondent to refrain from abusing, harassing, or disturbing the peace of the petitioner;
        (8) a protective order issued under IC 31-14-16 in a paternity action;
        (9) a protective order issued under IC 31-34-17 in a child in need of services proceeding or under IC 31-37-16 in a juvenile delinquency proceeding that orders the respondent to refrain from having direct or indirect contact with a child; or
        (10) an order issued in a state other than Indiana that is substantially similar to an order described in subdivisions (1) through (9);
commits invasion of privacy, a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction for an offense under this section.
    (b) In addition to any other penalty imposed for conviction of a Class A misdemeanor under this section, if the violation of the protective order results in bodily injury to the petitioner, the court shall order the defendant to be imprisoned for five (5) days. A five (5) day sentence under this subsection may not be suspended. The court may require the defendant to serve the five (5) day term of imprisonment in an appropriate facility at whatever time or intervals, consecutive or intermittent, the court determines to be appropriate. However:
        (1) at least forty-eight (48) hours of the sentence must be served consecutively; and
        (2) the entire five (5) day sentence must be served within six (6) months after the date of sentencing.
    (c) Notwithstanding IC 35-50-6 , a person does not earn credit time while serving a five (5) day sentence under subsection (b).
    SECTION 44. IC 36-8-7-26 , AS AMENDED BY P.L.118-2000,

SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 26. (a) As used in this section, "dies in the line of duty" has the meaning set forth in section 12.3 section 12.4 of this chapter.
    (b) A special death benefit of seventy-five thousand dollars ($75,000) for a fund member who dies in the line of duty before January 1, 1998, and one hundred fifty thousand dollars ($150,000) for a fund member who dies in the line of duty after December 31, 1997, shall be paid in a lump sum by the public employees' retirement fund from the pension relief fund established under IC 5-10.3-11 to the following relative of a fund member who dies in the line of duty:
        (1) To the surviving spouse.
        (2) If there is no surviving spouse, to the surviving children (to be shared equally).
        (3) If there is no surviving spouse and there are no surviving children, to the parent or parents in equal shares.
    (c) The benefit provided by this section is in addition to any other benefits provided under this chapter.
    SECTION 45. IC 36-8-7.5-13.6 , AS ADDED BY P.L.118-2000, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13.6. (a) This section applies to an active or retired member who dies other than in the line of duty (as defined in section 14.1 of this chapter).
    (b) The 1953 fund shall be used to pay an annuity, computed under subsection (g) and payable in monthly installments, to the surviving spouse of a member of the fund who dies from any cause after having served for one (1) year or more. The annuity continues during the life of the surviving spouse unless the spouse remarried before September 1, 1983. If the spouse remarried before September 1, 1983, benefits ceased on the date of remarriage. If a member of the fund died, but not in the line of duty, and the member's surviving spouse remarried before September 1, 1983, the benefits of the surviving spouse shall be reinstated on July 1, 1997, and continue during the life of the surviving spouse.
    (c) The 1953 fund shall also be used to pay an annuity equal to twenty percent (20%) of the salary of a first class patrolman on the police department, computed as provided in section 12(b) of this chapter and payable in monthly installments, to each dependent child of a member of the fund who dies from any cause after having served for one (1) year or more as an active member of the police department. The pension to each child continues:
        (1) until the child becomes eighteen (18) years of age;


        (2) until the child becomes twenty-three (23) years of age if the child is enrolled in and regularly attending a secondary school or is a full-time student at an accredited college or university; or
        (3) during the entire period of the child's physical or mental disability;
whichever period is longer. longest. However, the pension to the child ceases if the child marries or is legally adopted by any person.
    (d) If a deceased member leaves no surviving spouse and no child who qualifies for a benefit under subsection (c) but does leave a dependent parent or parents, the 1953 fund is used to pay an annuity not greater than a sum equal to twenty percent (20%) of the salary of a first class patrolman on the police department, computed and payable as provided in section 12(b) of this chapter, payable monthly to the dependent parent or parents of a member of the police department who dies from any cause after having served for one (1) year or more as an active member of the police department. The annuity continues for the remainder of the life or lives of the parent or parents as long as either or both fail to have sufficient other income for their proper care, maintenance, and support.
    (e) In all cases of payment to a dependent relative of a deceased member, the local board is the final judge of the question of necessity and dependency and of the amount within the stated limits to be paid. The local board may also reduce or terminate temporarily or permanently a payment to a dependent relative of a deceased member when it determines that the condition of the 1953 fund or other circumstances make this action necessary.
    (f) If the salary of a first class patrolman is increased or decreased, the pension payable under this section shall be proportionately increased or decreased. However, the monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person.
    (g) Except as otherwise provided in this subsection, the annuity payable under subsection (b) equals one (1) of the following:
        (1) For the surviving spouse of a member who dies before January 1, 1989, thirty percent (30%) of the salary of a first class patrolman.
        (2) For the surviving spouse of a member who dies after December 31, 1988, an amount per month during the spouse's life equal to the greater of:
            (A) thirty percent (30%) of the monthly pay of a first class patrolman; or
            (B) fifty-five percent (55%) of the monthly benefit the

deceased member was receiving or was entitled to receive on the date of the member's death.
However, if the deceased member was not entitled to a benefit because the member had not completed twenty (20) years of service, for the purposes of computing the amount under subdivision (2)(B) the member's benefit is considered to be fifty percent (50%) of the monthly salary of a first class patrolman. The amount provided in this subdivision is subject to adjustment as provided in subsection (f).
    SECTION 46. IC 36-8-7.5-13.7 , AS ADDED BY P.L.118-2000, SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13.7. (a) This section applies to a member who died in the line of duty (as defined in section 14.1 of this chapter) before September 1, 1982.
    (b) The 1953 fund shall be used to pay an annuity, computed under subsection (g) and payable in monthly installments, to the surviving spouse of a member. The annuity continues during the life of the surviving spouse unless the spouse remarried before September 1, 1983. If the spouse remarried before September 1, 1983, benefits ceased on the date of remarriage. If a member of the fund died, but not in the line of duty, and the member's surviving spouse remarried before September 1, 1983, the benefits of the surviving spouse shall be reinstated on July 1, 1997, and continue during the life of the surviving spouse.
    (c) The 1953 fund shall also be used to pay an annuity equal to twenty percent (20%) of the salary of a first class patrolman on the police department, computed as provided in section 12(b) of this chapter and payable in monthly installments, to each dependent child of a member of the fund who dies from any cause while in the actual discharge of duties as a police officer. The pension to each child continues:
        (1) until the child becomes eighteen (18) years of age;
        (2) until the child becomes twenty-three (23) years of age if the child is enrolled in and regularly attending a secondary school or is a full-time student at an accredited college or university; or
        (3) during the entire period of the child's physical or mental disability;
whichever period is longer. longest. However, the pension to the child ceases if the child marries or is legally adopted by any person.
    (d) If a deceased member leaves no surviving spouse and no child who qualifies for a benefit under subsection (c) but does leave a dependent parent or parents, the 1953 fund shall be used to pay an annuity not greater than a sum equal to twenty percent (20%) of the

salary of a first class patrolman on the police department, computed and payable as provided in section 12(b) of this chapter, payable monthly to the dependent parent or parents of a member of the police department. The annuity continues for the remainder of the life or lives of the parent or parents as long as either or both fail to have sufficient other income for their proper care, maintenance, and support.
    (e) In all cases of payment to a dependent relative of a deceased member, the local board is the final judge of the question of necessity and dependency and of the amount within the stated limits to be paid. The local board may also reduce or terminate temporarily or permanently a payment to a dependent relative of a deceased member when it determines that the condition of the 1953 fund or other circumstances make this action necessary.
    (f) If the salary of a first class patrolman is increased or decreased, the pension payable under this section shall be proportionately increased or decreased. However, the monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person.
    (g) The annuity payable under subsection (b) equals thirty percent (30%) of the salary of a first class patrolman. The amount provided in this subsection is subject to adjustment as provided in subsection (f).
    SECTION 47. IC 36-8-7.5-14.1 , AS AMENDED BY P.L.118-2000, SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14.1. (a) This section applies to an active member who dies in the line of duty after August 31, 1982.
    (b) If a member dies in the line of duty after August 31, 1982, the surviving spouse is entitled to a monthly benefit, during the spouse's lifetime, equal to the benefit to which the member would have been entitled on the date of the member's death, but not less than fifty percent (50%) of the monthly wage received by a first class patrolman. If the spouse remarried before September 1, 1983, benefits ceased on the date of remarriage. However, if a member of the police department dies in the line of duty after August 31, 1982, and the member's surviving spouse remarried before September 1, 1983, the benefits for the surviving spouse shall be reinstated on July 1, 1995, and continue during the life of the surviving spouse.
    (c) The 1953 fund shall also be used to pay an annuity equal to twenty percent (20%) of the salary of a first class patrolman on the police department, computed as provided in section 12(b) of this chapter and payable in monthly installments, to each dependent child of a member of the fund who dies from any cause while in the actual discharge of duties as a police officer. The pension to each child

continues:
        (1) until the child becomes eighteen (18) years of age;
        (2) until the child becomes twenty-three (23) years of age if the child is enrolled in and regularly attending a secondary school or is a full-time student at an accredited college or university; or
        (3) during the entire period of the child's physical or mental disability;
whichever period is longer. longest. However, the pension to the child ceases if the child marries or is legally adopted by any person.
    (d) The surviving children of the deceased member who are eligible to receive a benefit under subsection (c) may receive an additional benefit in an amount fixed by ordinance, but the total benefit to all the member's children under this subsection may not exceed a total of thirty percent (30%) of the monthly wage received by a first class patrolman. However, this limitation does not apply to the children of a member who are physically or mentally disabled.
    (e) If a deceased member leaves no surviving spouse and no child who qualifies for a benefit under subsection (c) but does leave a dependent parent or parents, the 1953 fund shall be used to pay an annuity not greater than a sum equal to twenty percent (20%) of the salary of a first class patrolman on the police department, computed and payable as provided in section 12(b) of this chapter, payable monthly to the dependent parent or parents of a member of the police department who dies from any cause while in the actual discharge of duties as a police officer. The annuity continues for the remainder of the life or lives of the parent or parents as long as either or both fail to have sufficient other income for their proper care, maintenance, and support.
    (f) In all cases of payment to a dependent relative of a deceased member, the local board is the final judge of the question of necessity and dependency and of the amount within the stated limits to be paid. The local board may also reduce or terminate temporarily or permanently a payment to a dependent relative of a deceased member when it determines that the condition of the 1953 fund or other circumstances make this action necessary.
    (g) If the salary of a first class patrolman is increased or decreased, the pension payable under this section shall be proportionately increased or decreased. However, the monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person.
    (h) For purposes of this section, "dies in the line of duty" means death that occurs as a direct result of personal injury or illness resulting

from any action that the member, in the member's capacity as a police officer:
        (1) is obligated or authorized by rule, regulation, condition of employment or service, or law to perform; or
        (2) performs in the course of controlling or reducing crime or enforcing the criminal law.
    SECTION 48. P.L.21-2000, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION 14. (a) Notwithstanding IC 4-12-4-7, IC 4-12-4-4 , as added by this act, the initial terms of office of the eleven (11) members appointed by the governor to the board of directors of the Indiana tobacco use prevention and cessation executive board under IC 4-12-4-4 (c)(2), as added by this act, are as follows:
        (1) Three (3) members for a term of two (2) years.
        (2) Four (4) members for a term of three (3) years.
        (3) Four (4) members for a term of four (4) years.
    (b) The initial terms begin April 1, 2000.
    (c) This SECTION expires July 1, 2005.
    SECTION 49. P.L.21-2000, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION 15. (a) The Indiana prescription drug advisory committee is established to:
        (1) study pharmacy benefit programs and proposals, including programs and proposals in other states; and
        (2) make initial and ongoing recommendations to the 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 prescription drug 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 committee is a governing body for purposes of IC 5-14-1.5.
    (d) Not later than September 1, 2000, the board committee 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.
        (3) Strategies to minimize crowd-out of private insurance.
        (4) Reasonable balance between maximum eligibility levels and maximum benefit levels.
        (5) Feasibility of a health care subsidy program where the amount of the subsidy is based on income.
        (6) Advisability of entering into contracts with health insurance companies to administer the program.
    (f) The committee may not recommend the use of funds from the Indiana pharmaceutical assistance prescription drug fund for a state

prescription drug benefit for low-income senior citizens if there is a federal statute or program providing a similar prescription drug benefit for the benefit of low-income senior citizens.
    (g) This SECTION expires December 31, 2001.
    SECTION 50. P.L.140-2000, SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: (a) Until October 1, 2002, the following apply to a water body designated before October 1, 2002, as an exceptional use water:
        (1) The water body is subject to the overall water quality improvement provisions of IC 13-18-3-2 (l), as added by this act.
        (2) The water body is not subject to a standard of having its water quality maintained and protected without degradation consistent with the provisions of this act.
    (b) Before October 1, 2002, the water pollution control board established under IC 13-18-1 shall:
        (1) determine whether, effective October 1, 2002, to designate as an outstanding state resource water each water designated before October 1, 2002, as an exceptional use water under 327 IAC 2-1-11; and
        (2) complete rulemaking to make any designation determined under subdivision (1).
    (c) This SECTION expires January 1, 2003.
    SECTION 51. P.L.140-2000, SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: (a) As used in this SECTION, "board" refers to the water pollution control board established under IC 13-18-1.
    (b) Before October 1, 2003, the board shall establish policies and rules to govern the implementation of total maximum daily load requirements of Section 303(d) of the Clean Water Act, 33 U.S.C. 1313(d).
    (c) Before July 1, 2000, the department shall appoint a working group of stakeholders with respect to the implementation of total maximum daily load requirements as described in subsection (b). The working group shall consider and make recommendations to the department of environmental management and the board on identification of issues, the development of policy options, policy adoption, and rulemaking. The working group must include representatives from:
        (1) the general public;
        (2) municipalities;
        (3) industry;
        (4) business;


        (5) agriculture;
        (6) environmental advocacy groups; and
        (7) others with a high level of expertise in the subject area to be considered by the working group.
    (d) The working group appointed under subsection (c) must also include the following members:
        (1) a representative of the environmental quality service council;
        (2) a technical secretary; and
        (3) a member of the board.
    (e) This SECTION expires October 1, 2003.
    SECTION 52. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2001]: IC 2-5-24.1 ; IC 12-13-7-21 ; IC 12-15-2-15.6 ; IC 12-15-2.2 ; IC 12-15-10-1 ; IC 13-21-2 ; IC 13-22-10-3 ; IC 13-22-10-4 ; IC 13-22-10-6 ; IC 13-22-10-7 ; IC 13-22-10-8 ; IC 13-22-10-9 ; IC 13-22-10-10 ; IC 13-22-10-11 ; IC 13-22-10-12 ; IC 13-22-10-13 ; IC 13-22-10-14 ; IC 13-22-10-15 ; IC 13-22-10-16 ; IC 13-22-10-17 ; IC 13-22-10-18 ; IC 13-22-10-19 ; IC 13-22-10-20 ; IC 13-22-10-21 ; IC 13-22-10-22 ; IC 13-25-5-22 ; IC 16-25-5-1 ; IC 16-29-1 ; IC 20-12-57.5-7 ; IC 22-4-11-3.1 ; IC 27-8-5-2.6 ; IC 36-7-14-22.1.
    SECTION 53. An emergency is declared for this act.